770006_ENFORCEMENT_20171231 (2)

ENFORCEMENT
NORTH CAROLINA
Department of Environmental Qua

nz
OCT i 1997 f
z
FAME i TEViLLE
REG. OFFICE
United States Natural Resources 125 S. Hancock St. Box 2
Department -of Conservation Rockingham, NC 28379
Agriculture Service 910-997-8244
------------------------------------------------------------
Date: October 8, 1997.
Mr. James Wall
Rt. 1 Box 109
Morven, N.C. 28119
Subject: Completion of lagoon repair plan and certification status
This letter is a follow—up to our phone conversation on September 17,
1997. As you agreed October 17 will be set as the date for you to
complete any unfinished repair to the lagoon. The following items will
have to be completed to meet NRCS standards:
1. All the trees on the embankments slopes shail.be removed.
2. All the debris from this operation shall be removed from
the embankment area.
3. All disturbed areas shall be seeded and mulched as
indicated in the Lagoon repair plan (attached seeding
specifications for critical areas).
4. In the event that permanent vegetation can't be planted,
temporary vegetation will be allowed with the condition
that permanent vegetation will be planted before April 30, 1998
(attached seeding specifications for temporary vegetation).,
5. After the lagoons are pumped down to the proper level, permanent
markers shall be set inside both lagoons to show the start pump and
stop pump elevations. NRCS can assist in setting the correct
elevations on these markers upon request.
Jerry Pate, Civil Engineer Technician from Salisbury and I will be
certifying your lagoon. We have been working with you for almost two
years now and we feet it is time to have your project completed. PLEASE
BE REMINDED THAT THESE REQUIREMENTS NEED TO BE MET BY OCTOBER 17, AFTER
THAT DATE NRCS WON'T BE ABLE TO CERTIFY YOUR LAGOON AND YOU WILL HAVE TO
GET ASSISTANCE FROM A PRIVATE ENGINEER_
Thank you for your cooperation.
Cordially,
Vilma M. Mar a
District Conservationist
cc: Paul Smith
Wen.d.y Rudd
Ed^Buchan'
Jerry Pate
Angela Jessup
Tom H. Wetmore
Richmond Soil and Water Conservation District supervisors

^ U.S. DEPARIMjFJ JF AGRFCULTURE I DATE
REFERENCE SLIR /01u 197
ru 1
ACTION
NOTE AND RETURN
APPROVAL
PER PHONE CALL
AS REQUESTED
RECOMMENDATION
FOR COMMENT
REPLY FOR SIGNATURE OF
INFORMATION
RETURNED
INITIALS
SEE ME
NOTE AND FILE
YOUR SIGNATURE
EEMARKS---------------------- `-----------------------------------
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-----------
FTpF
____-•__------- ______ __••---•------.
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u s.r; F,O 1985.52U-216 FORM AD-514 (0-64)

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
James E. Wall
Wall Farm
Marvin McCaskill Rd
Ellerbe NC 28338
Dear Mr. Wall:
XT?W'A
lli2i
L 0
IDEF-HNR
April 3, 1997 RECEIVED
APR 07W
FAYETTEVILLE
BEG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Wall Farm
Facility Number 77--6
Richmond 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 {919}733-0026.
Sincerely,
I.t.-74.
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, N�� FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal FAX
Action Employer
Telephone [phone]% recycles/10% post -consumer paper

TO: Bob Sledge, Compliance Group-DEM
FROM: Ed Buchan, Fayetteville Regional Office-DEM
DATE: 3/6/96
RE: Additional enforcement action against Mr. James Wall
The purpose of this correspondence is to document a second discharge incident that occurred on
2/21/96 at the James E. Wall Swine Farm. The discharge was reported by a citizen's complaint
and was subsequently witnessed by Wendy Rudd of the Richmond County NRCS Office and
DEM regional staff members Ed Buchan and Paul Rawls. In summary, the discharge event .was
very similar to the previous discharge in that the lower lagoon overtopped at the emergency
spillway and the waste drained into a unnamed tributary of Little Mountain Creels. Again, the
flow of waste was visually traced by DEM staff members from the discharge point to the
confluence point at the Unnamed Tributary. Samples were also obtained at the same locations
as before except no sample was taken from the upper lagoon as only a light flow of waste was
seeping through the sandy berm which was recently installed to prevent further discharges from
the upper lagoon. It should also be noted that waste was nearly overtopping at two points on
the dam of the lower lagoon which were not observed during the previous discharge event.
Furthermore, the lower lagoon level has been consistently high (freeboard = 1" to 3") after the
initial discharge incident and very little significant spray application has occurred since that time.
In addition, while pumping equipment has previously been observed present near the lower
lagoon, the actual pump was not present on the date of the second discharge. Mr. Wall has been
warned repeatedly that he should lower his lagoon level immediately and obtain the use of
additional acreage on which he can spray on but has failed to do so at the time of the second
discharge. However, it is the understanding of this office that Mr. Wall is attempting to gain
permission to spray on adjacent fields in order to lower his lagoon and get his farm certified.
It is also noteworthy that Mr. Wall contacted this office on 2n196 in writing and claimed that
"I will resume pumping on the neighboring grain fields of Mr. Carter, this week and continue
to pump until the desired level is reached. This process may take approximately up to two
weeks." Clearly this was not accomplished in the given time. Please find attached lab results,
incurred investigative costs, photographs and add these to the original enforcement package.
Sincerely,
Ed Buchan
Environmental Engineer I

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r 10/17/96 10:32 RECD-bSDR ROCKINGHRM NC -* 19104860707 Y _DO1
United States Natural Resources 125 G. Hancock St. Box 2
Department of Conservation Rockinghams NC 29379
Agriculture Service 910-397•-•0244
October 17,199C
To: Ed Buchan
DEM, Water Quality
From: Vilma M. Marra
District Conservationist
Subject; James Wall lagoon status in reference to certification
As requested on October 159 the following are some of the steps that
.lames Wail have taken toward his lagoon certification:
1. He was provided a lagoon repair plan by Jerry pate, Civil Cngineer
Technician from Area Office, Salisbury. He attempted to build a
diversion. He didn't followed the design.
I offered to help him while bullding diversions. An appointment
was made on October 9th and October 154;h. He cancelled in both cases
due to unavailability of contractor. We arranged for him to call me
two days prior of construction so I or anyone from office can help him.
2. He indicated he cut trees from Dam.
3. 1 prepared a waste utilization plan for his swine operation.
4. He has an Irrigation design by ORA--MAC Distributing company. Wendy
Rudd submitted to me on October- 18 for approval. I reviewed it and
forwarded to Jerry mate for approval on October 17, 1000. James Watt
Is being leasing equipment for irrigation.
5. He obtained a permit from DOT to put a steel case pipe under the
state road to make the irrigation system accessible to the lease land.
He has the land available to irrigate the liquid waste. lie needs to
get the pipe installed in the road.to be able to maintain the liquid
waste low enough.
G. He planted 3.5 acres in coastal Dermuds in his land.
7. He did two waste analysis, one per each lagoon, the results show 1.3
lbs N/1,000 gallons In both lagoons on May 14, 103C.

10/17/96
s
10,35 RECD-USDA ROCKINGHAM NC -► 19104860707 D01
B. He requested from MRCS a permanent marker for the lagoons starting
and stop elevation. I agreed, however, I let him know that the water
line shall'be at -least two (2) feet from dam.
cc: Jamaa Wall
Tom ,Wetmore
Jerry Pate
Angola .Jessup
Wendy Rudd
Richmond SWCD

:I
04/26/95 07: 34 KEI,U—USUH KUl.K 1 NUHHM NU
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Unitzo > aUs Natural Reraorcca 125 S. Hanzocl: t. Bo"
Dr3j: c►i" tment of Conzerv&O oN +ock i t ah&m, NC Z8279
-----------------------------------------------------------------------
Apr i € 261 199!_
To: MiCl"&V Wicker"
N.C. Dept. of Enyiranment
Newitn I Natural Resources
FLyVs ty ,n -•nr r• n
From; rimy M. m,arrat D i str i _ 4 ti.:o nserwat ion ist
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Cub.Jec:: Up•Ute V .iaiiees Wai ; Aa5tf: Management r $8:7 for the Hog Lagoon
7hi5 :attar is 'Go npUP4 yo" that ' is&va .'oFiipirved Mr. Wa4is's Waste
mannlr rn : P . an— we cow • 2 es with .•ht: fiE C &8 oiri''y n? to v l sp6se of the
Ku i v w&wte, A00tionAl work mcs!s to ,..v dome at thesite to be
ai isiYs OF iss:!'tiY icattG:':. NRr'E Wi 1 i follow ►iP wlti: i'ir". Wall With
survey is 6 design of nese prac i ces.
Anga isnsup, j6r"r )r Fate, rreiiCy Rudd and myself Will be 'visiting tMri
WWI an May 22nd to discus& alternativos.
Tom hetnort
loss!, wallop
jarry Pate

fI pPERPTIONS BRANCH - WQ Fax:[phone] Apr 26 '96 7:37 P.01/01
!' State of North Carolina
Department of Environment,
Health and Natural Resources 4 i
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary !"1 � H
A. Preston Howard, Jr., P.E., Director ED
FR
April 26, 1996 PS111EIVED
APR gg '6
Tu: Michael Wic1wr
Water Quality Supervisor, Fayetteville Region ENV. MANAGEMENT
EAYETTEVILLE REG, OFFICE
From: Shannon Langley I&
Subject: Final Revocadon of Deemed permits
Approximately 45 days ago the following facilities were sent Notices of Intent to revoke their
"Deemed Permitted Status". Please review the Lst and advise me whether or not we should proceed
with the final revocation of the facility's permit. If the facility is making progress toward certification
we may grant them an extension of time to get their certified plan submitted, For any farms that this
applies to, please forward support information you may have from the NRCS, CES, etc. that the
facility is progressing toward certification.
Wall Swine Farm 77-006
County Certified plaind m
Richmond 5/5/96
Harvey Randal.) 04-013 Anson 5/14/96
(A certified plan has been received for this farm and will be forwarded to the FRO for review,)
Please reply y May ;3,1996. 1f u have any questions, please call me at [phone] ext.
581 or fax me at (91, 715-6
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled) l o% post-ooneumer paper

l: @Self <NROAR07/NIEW508>
@[e-mail]
@FINAL REVOCATION OF DEEMED PERMITS
@Fri, 26 Apr 1996 16:55:25
Wall Farm 77-006 Richmond County is making progress toward
getting a certified plan. I got a fax from MRCS today and they have
completed the Waste Management Plan ; however they want Mr. Wall to
do some on the ground improvements prior to final certification.
They are to meet with Mr. Wall on May 22nd. Upon receipt of the plan
the FRO will also inspect to determine if in compliance w/ plan.
Since we are this close I would recommend holding revocation in
abeyance until this time then if Mr. Wall is not following plan we
can continue with the revocation and injunction. He apparently has
his lagoons down to a less critical level as was a few weeks ago.
The Harvey Randall Farm has submitted the certified plan per your
note. MRCS has been incontact w/ us and it appears Mr. Randall has
corrected problems. Again, FRO will review the plan and reinspect in
order to determine current compliance status. I doubt this farm will
need to be revoked.
Call me if you have any questions or need more info.

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091 7/1996 15: 01
7046946261 GOWN TITLE
PAGE 01
JAMES B. HUNT JR
GOVEANOR
STATE OF NORTH C aOLINA
DEPARTMENT OF TkANSPORTATION
COUNTY: Richmond
MR JAMS E. WALL
Route 1, Box 109
Morven, North Carolina
Dear Mr. Wall:
DMSION Of HIGHWAYS GARLAND B. G+Kaf17JR,
P. O. Box 1067 SFCRETARY
Aberdeen, North Carolina 28315-1067
July 17,1996
V• •,'.ice nu
SEP 27 1996 .
28119
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
SUBJECT: Encroachment Agreement -120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from Hog Farm on SR 1314 and SR 1315
You may proceed with the installation of 120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from )Flog Farm on SR 1314 and SR 1315 in Richmond County under the attached
Encroachment Agreement. This installation shall conform to the provision in the Manual,
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way." PLEASE
NOTE: "BOTH SECTIONS OF EFFLUENT PIPE WELL BE ENCASED FROM RIGHT
OF WAY TO RIGHT-OF-WAY."
Please notify, Mr. E. A. Omen, lEghway Maintenance Engineer, Division of Highways,
Rockingham, North Carolina 28379, Telephone [phone]; three days before you start this
installation. Since the Division of Highways is required to conduct a final inspection of work
completed, ycu are also requested to notify in writing the I1ighway Maintenance Engineer upon
completion of this project.
Yours very truly,
F. E. Whitesell, P.E.
DIWSHON ENGHNEER
Attachments
c: Mr. J. B. Williamson, Jr., Right of Way Department
Mr. W. T. Campbell. District Engineer (59-1052)
N

09/27/1996 15:01 7046946261 CROWN TITLE PAGE 02
ROUTE Sit13k4. SR 131STATE OF NORTH CAROLINA5 PROJECT 58 2052 COUNTY OF RICHMOND
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
-AND-
PRIMARY AND SECOgOARY mla"WAYS
Mr. James Hell
Rt. I, Box 109
Mo>:ven. NC 28119
THIS AGREEMENT, made and entered into this thej!L< day
by and between the Department of Transportation. party of the st part; an
James 1ia11 party of the setand part
W I T N E S S.E T Ht
*HAT WHEREAS. the party of the second part desires to encroach on the right of way
of the public road designated as Route SR 1314, 1315 located ae shown
attached ma on
— - "" •_." . •"
w t .the construction and/or erect on of 6 ` PVC (SI)R 21) .fg= effl,ueltc rrum -
hog farm. Carrier line to be encased from right of tiau f nIfr.ti,n
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part in the exercise of authority conferred !
upon it by statute, Is willing to permit the encroachment within the limits of the right
of way as Indicated, subject to the conditions of this agreement;
NOW. THEREFORE, IT IS AGREED that the party of the first.part hereby grants to the
party of the second part the right and privilege to make.this encroachment as shourn on
attached plan sheet (s), specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the installation, operation, and msintanor.ee of the above described f•cllity will his seen llshe. In •o.
oordangs with the part of the first partla latest OL jy j_dQ �o WA
i� f PBgCEDtIFI:'S tof a -T#�� T" Ti
ft74Df19-oF.NAY and sue revisions sad am.ndmanta 1Mrs + e■ ma • n • •c s •ease o ■ •g4room n n-
orms en a• ee thsaa policies and procrduras may Las eL,taihed from the Division 9nginoar or 9tat• UtiLlty Aeont at
the laarty eE the first part.
That the said party of tl.e ***end part binds and obligates himself to inetalL and rmintain the •rtcroaat.ing
facility in such safe and pyraper condition that It will not interfere with of andanger trove upon said highway, not
obstruct rot interfere wtlh the proper maintenance thereof, to raimburss iris party of the first port fee the cost
lneurrad for any re ire or mAintonar.a• to its roaelwaya and atructuros nsne•sary due to the instslletlor. and oe-
lstgnes f the Eon111tIse of the pert, of the aeaand port, slid it at any time the party of the tarot part ■hall
require the removal of or citahgva In the location of }he said lacLJltias that the sold petty of the second part
binds himself, his succonsers and assign■, to promptly remove or alter t�1♦ said facilities, in order to conform
to the @ald.riquire"nt. without any cost to she party of the first part.
That the party of the •wound part agrees to provide during conrtrur,tlon end any •ubsequont msintanwnns proper
signs sig,.al lights, #lawman end other walnlnq devices for the protaetion'of Lref(,c in conformance with the Iste�t
Hanoi "n UU0 1grm iraj,[le C.21 ly lcc "S150t■ a fJ hw and Asendnants or 3upplement■ thereto.' lnlor.
las ion as o s �• ru e• an reyu at olio may s% na rem tAs Division Engineer of the party of the first
part.
That the party of the eocend part hwreby ogreoe to indemnify and gave harmless the party of the first part
dme ties all damages and claims for s■ga that may aria• by reason of the lntallatlon slid maintonarnea of this •n-
aroaeltsent.
That the JasrtY':I the bwconti port agrosa to restore all areas disturbed during Installation and maintenance
to the satlslaetion of the Div'■:oh Inglne•r of the party'of the first part. Th party of the •ovend part nQroe■
to er+rcloo ,very raasanah.le precaution dwrinq construction and maintenance to prov•nt eroding of •all; eiltlng or
'poLJution of river■, stream:, 1el:es r•arrxoira, other water lmpcundments. around surfaces or other preiartyr or
ppa011ui/an of the sir, 11.or• ■hs11 1e• co.,plience with appitrable'�ruler and regulations of the North Cts&line
Ltvl•lsn of knrirensentaI ►l.uayement North Carolina aedimaniatien L'r.ntrul U'mrlission, and with ordinar.ro■ and
regulatjolt* of various eou,•tie•, munl.?ipa1atins and ether •ifJcLal ngcnr.,os relating to pullutlon prs.#,nt.on ana
eontrel. When any Installation ur maintenan,-e operation disturbs the ground surface And the •s1■tinq grountl ra liter,
the party of the •+eond �++aart ogre.•• to remove and roplaca the sod or othsrwlae reestablish the gWe sa saver to swat
the satlefaetisn of the 1rJ.vision Englnwrr of the party of the fight port.
7'hat the party at t -a ••nand part "grass to asailarm thu acit-1 cats of any 1nss.+ction at the wotir conalot•ree to
be hecasosry by tl.., Division Cnginwar of the party of the first pert.
That the party of the ■scrnd part •gqrsaa to have available at the construction site, at all times during con-
■truetion"s. copy of this agrwoment ■howir.9 evtdonee of approval by the patty of the first part. The petty of the
first part rwderve■ the right to ■top all work unlade evidence of approval can be shown.
Provided the warit cont•tinad in this iVraem■nt le baing p•rformad on a completed 111ghway +pen !o truffle; the
party of the decal part 47raa■ 10 givo wrlttaA notice to ttia triviason Lnglnoer of the party or the first pert
rhsh a1J work earntained horain hf.e been corglated. Unless af,oeilicslly requsstsd Ly the party of the first part,'
written nt,tic•o of cempletles. of work on hto way prr,Jaats under construction will not be rsqulred.
1Tat in the a•oa of nancomplionce with the terms of this ngreowent by the party of the ■uend part, the party
of, the first past reserves the rtgls to atopp all wart until the 1 cillty o
has Lean brought Into compliance or t►-
aeeed from,ehe right of war at r1u coat to tr.s party of the first part.
Thilt It la ;./ L. th l.aalir■ ll.at this agta+mvnt •}rwll I+ro.:o veal if Actual construction of the w.trit
+onturoploteq horoln is list ,aeon watnan one fir year rrem %no oat• or suthorisat►on by the parer of taw rivet part
unless written waiver 1■ apcu►od by the patty of the second part from the party of the first part.
Durinw the f,,erforsnnae of this contract the •o►ond party, for itself. its as■lgness and guaaeswore in lnteroet
Lharainaftar rwfolrrl ►w no thwegreea as fallewei
a. r.,li hag Hitl.l•o vl ana, The cgntr.actar aholl vomply with the Regulations relative to nbndlburl min
a an n r erai7y....s • o ryrerfr4ra of the tr, ?,. Derartment of Tr.Snsportotian, Sitle t9; Cr.de of Frdere]
Rug•ilutLon■, Yert pl, a tn•y mtr 1q vsrr.00J from time to tJm%. fheeeln,irtgr rorarred to as the kcpula-
Ilonsl, whlch era he incolporotau by referanrre and made a r•ert of this cent rite t
FORM R/N 16.1 (Rev..July 1. 1977)

09/27/2995 15:01 7046946261 CROWN TITLE PAGE 03
b, fie 1 The conlids of rJth rgperd to the rosy
ecr tt tta • on he prauftdr of race, color, or national arlginrinrtthh* ailactionit tandtre ention t chart hat
ttaetord includlnpp ?roeurea•nt• of laet•rlal■ •rid testa• of eaulpoent, i}ie eontraetortrh�llnnoi paubeon
ppaat• alt�iar tllreotly or indirectly In the dirotielnatlan prohibited
by
�eetloh traw el the A artlel•
lnaluditt0 oaployuant praetlo•• rharl the coot eat, farnrequi,
fret *ayes a praprele met forth in /lopandlm s wl Bier,
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otlettraet, iaeludin mr a tnq ar nape a on ti • y lr eon rrc or or for o • prrforwad under a sub-
auppliar •hall bla notift of byntl.eoeon4ontor•clythe contr4e riiaobl�aatic�nioltareid•r•Jlthle epntractoandrthr
J:aqul;tlon0 pe]atir• to nondiaartalnatRon aft eh• grouftd• of race, eater, ar national of Cott
e. Lw.f.9iwu .l•n aha �•f.,it, The .." r aler shall �r•.lae all InferIiI final reports "A.;,ed br the aetYl/t lent. ar •:ra•11...
-%,sse•f rYrcr\w1 1 •rHe, and ■r.sll rerwll as aeaa sa !t• a•ert. were rOt, wseerwtt. e[nrr .e�rt et of In rer•.allgn. role 1t! retlllri.a
•w%Y b■ •tearminrd by Mstarot e/ Tran{p.rtat:,•+ ar tine r...,al wlgh�aY raC.�ln airrtion to aG prrtlwawl 10 asaertaln CO..,,,,,,
Ith fumes agYfatlpws sr afro a[Iras, twherg any ;."'119 l:eh rddrif ea of a senl%Ad f It :n the a.tlrairr Nst.►aian of Gain C
-h• /ails H rafmses fa fvrnisw thin lwfernrfl.n, the contreelor ;half se aa.tlly to aft. caps-c-I of Trent Hrtrtlow. of the tadaral
tllghwoo, Adminfo%ratl•n at appepwlate, she shell $t. f&eth what dllares 11 hat 06l0 to eLtGfn ant Infer-drlan.
•.jenstionJL for NoswelitiaL41 h, the ..Get or the emntrocte"A wo+d•.fillane♦ ritli toe hwn.i we l.IMtle+ p•nrisliI at %,I aa..lraal
no aµ♦ men. o r Into tic+ •nail "'I •wen font: eat Ga nellana as It or the radaral l,lghwfly Adm inl.lfetlan wear looeernfnr 1.
ba #3ropriate. Inclddin9. III not 1I-1104P to.
(�} -ilhMlling Or paYma.us .o the sew/ras tar UPI gha c.wlra.l relit the anwlrsltnr ceagtllrt, andfer
(1) sawiellaLion, tarwinatten Or out pension Of Ihw Cenlra a , in rhnlr Or 1. part.
f. IncerNrdtlOn ,/ prer:a"no: 1M "Ill —tar shelf inelree the prarialons of paretraph; -a-threrdl. "r'• In arory taUtantract,
ns u ng prrWr.a,swl Of RA orlalt find losses Of •(viprrwt, u011e1s aeawpt ay the he4rlali4.n, ar dir.eg:ras Its.ed rrc w+t
chore Ls, the eaatrstfor 61111 tebe smah actlew with IN. Age t to a..r *scow a•a t. or ar vows rant a tha Dspa r goof[, 01
II►mwapsrlat[an
If eh. ►ntghroY Aagimistrallon may direct as a ..•and of •Aforcing such pre.:atone :.Clueing osnitl.we war nenaawpl/aner:
prerl/ed. Ilp•,wdr, that, In clan wont a a•ntrraeor becCI involved le,, or to shred tend with, Irtlgatl.n A, wt s ■ubaonfrsator e,
owppllaw so a III a of •loan dlraallen, the ce.radtar **paramount ragws*t the **palarnt Of trG.■aertallon to molter Into 6W. Iltigawlaw La
gratGgt the IntarN s; Of mho %tat; and. In addition♦ oho a.w treater • v res t%! she United states ae enter Iwta trap 1ltlpatlan to Gum L.et the intergtte Of Lha Unitas states.
IN WITNESS WHFR300Fp each of the parties to this agreement has caused the same to
be exabuted in the day and year first above written.
;. a
DEPARTMENT OF TRANSPORTATION
BY.-
DIVISTON ENGINFAR
Second Party
1110Tillur t I III
Whom the ep►1166nt 1; a corporation or s mw:lgglpgllty, toll; g9rageent mutt a,a.s the .orperela sae: fiw0 be molested by the
aerperatle" learetafy of by the NVOwarrd City official, wnl os! a +Giver or corporate ads1 one ettotlotlon by the ►aarmtary
or by eh. twwplo oerd ew . City efflalal ft film In he aalelgh of -flee of Ch* 1441 Of alght of WIT. IN on.ae o ..araelded In
,I egroomdnt for somamtlon, the non• of eon aO/paf*Ilan at aw"I410e1117 eonI1 be typed oboes the "so sod title of ail
persons algning the agreement sneYlo be %TVs@ d;roelly bslow their efenstilre. '
fit lt Ggroalant;mot be seafir.powlad. In the form of M at tech -mot, by 10s"e or Vewlns0 aho..I"I tl.d lot Iem'As aaptIGelb lb
Iw#arma Lean:
1. All regrets Ged peeps
1. ILI$ I al! we tlnsl and "IGppllaabla, the control Of mesa;; Ilwrs
y. Lotrtlrn of Me emitting and/or preberd w ongreectni
41. LrngSh, alas and type •f ansrosehment
j MsshN of Inetallal ion
ii D1a,•nslens chart ng the alGtaaar from tAr mwrrp Gwr,ant to Np of aarpewr, chortdora, atrrH rrY;. et{.
%. Location by hlghw•by survey st.slon nuo6or. If ;utter nuwbor so—ot be obtol.ed, location tholote M th0r, ►Y 415-
11111 from ;.a* Identifiable point. ouch a* a bridge. ford. Intersection, stc. (To eta Pot In prope►atlon Of aha
.naroothaowt file", the 0oportmrnt't r0e4.6r glans may be %men at the roriwt Milner Ol.lslaw offices, m/ al Is$
aslelon option.)
/. Ora lna0d rlrratmrat of bridges If sffootd by .waroacr-ant (eke..erwlaal ■M he,ltowtat dl.t•wtlons #fall anmro.ew•
erne to "mare/t part of alrW tw ra)
ii. Mathed of al teal— wt to dralnose strustulds or br.dgar.
10. Mowhal■ design
11. an YnlargNrnf utilities. the depth of boot under all leavoled lens , ehOrldefs, dlithet. sldew ills, ato.
It. Lonythr time and type of encetdmanl -hare rookI
1 On Yndergre"nd greetings, watstroo at to aoihed of spoeling - berlwg son jostling, open amt. fiC,
1 Loeatlan of wants
GtmRU1L ptQuiQCnLslT%
1. Any attachment to a bridge or other drainga {trildiurs mast be opprOrdd or the Mood of strvelYre 9gtlgh Iw 111
p ter to 1uM11{Ion O/ dwH osahsonl .9rlatynl to !M Dlrls ion Cwslnear:
1. ■II ergs►Inge Ghev7/ b■ as Haar as HGGlbla norarl to Ih....... line of the %lgh,roy.
J. alhl.r.m .*,ties . cloarmaeea of everhadd -Ire/Gold teal.* eboro all r.GNI meal Can#ofa to elearewaat $It Out Is
the fie, 10"6l tlgtelt %order ends.
L. tonssdwenl/ smell oats na tram dltgh Iles to .lines lies• Ih cut •.client ens bryaw• gas of Gleams Iw fill sections.
1, all r.wt1 Ghw 1l bm ga towld La Me right of rmy line or as ofhermise ra.ulred by one Department.
1+. All Gip. ea{atemehts a1 to metarlal an/ .lrang[w anal..waet the t{endardo and ;►eelflestle.6 Of the Dooselvant.
Ane ►D.tie[ prevision} Or Gpag1/laatlons at la the Ileformrnca o/ Sho .0 I. fir one melhed s1 aewt erYtllM loaf met
ba r.1ui►ad by the Ompart.ant sews, be demo an a Geperete fM*s ott•Ghed to .wero.onmawt agrormrnt provided that
such rhfa►meSl.n clwMt ►g Ggawf.t •w pIs.G of er•.logs.
1. 1w. Da1a►trM '% blrlsltwn Mat.0 should .o given nallaa by ton .•plies,% prior to actual aLGrllnd sf IMItN lae.ew
l•elyded In this es ►memwanl.

09/'j7/1996 15:01 7846946261
CROWN TITLE
PAGE 04
James B. ball, Jr.
Route 1, Box 109
Morven, NC
September 27, 1996
Ed Buchan
Division of Environmental Management
State of North Carolina Department of
Environment, Health and Natural Resources
Fayetteville Regional office
Dear Mr. Buchan,
I contacted Vilna Marra with NRCS of Richmond County. She will
come to inspect the work that I have done on October 9, 1996 and
help install permanent markers in the lagoons.
I will have all of the'work completed in the waste Treat Lagoons
Repair Plan by October 15.
I an not sure how long it will take NRCS to certify the farm.
Attached is a copy of the easement to cross the State Roads with
the waste lines.
Sinc ely,
es 8. wall, Jr.

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 }coward, Jr., P.E., Director'
October 8, 1996.
4 N:.I;vj •
fID
t/ p,• �f/ 4, �h {
OCT 10 1
MS DEAN COLEY iNV.- R7►>:�.t`r $ IE1'-
CHIEF HEARINGS CLERK RAYET.TEVI " -rRE6.,6O l6'i:
OFFICE OF ADMINISTRATIVE HEARINGS•
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
RE: Civil Penalty Assessments Against Various Assessed Entities
Dear Ms. Coley:
Would you please search your records and determine if any of the individuals and/or
entities listed below have filed a Petition for a Contested Case Hearing on or before the applicable
specified date?
Facility Name COUIitY Our Case # ate
James Wall Farm -- - ' Richmond DD--96-01 October 2, 1996
If no petitions were filed by the specified date, please ask Judge Mann to execute the
attached certifications and return them to my attention at the address below:
Robert L. Sledge
Water Quality Section Compliance Group _ ...... _ .......__. - . .
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Thank you for your cooperation in this matter. If you have any questions, please feel free
to contact me at 733-5083, extension 233.
Sincerely,
4,1.1 e JZ✓r
Robert L. Sledge, Supervisor
Compliance Group
attachments
cc: JEnfoircement,File ... ... - .-.-
cwy ftville.Regiona7:Dfficc' ;.
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Stare of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 23, 1996
CERTIFIED MAIL
RETURN RECEIPT MUESIED
James E. Wall
Route 1 Box 109
Morven, NC 28119
SUBJECT: Follow up Investigation
Waste Discharge Prevention
Certification & Compliance
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall,
This letter is in response to the follow up inspection conducted on January 17, 1996. The
inspection conducted by Ed Buchan of the DEM Fayetteville Regional Office revealed that
neither the upper lagoon nor the lower lagoon had the necessary one (1) foot of freeboard and
seven (7) inches of storage and were both in danger of discharging significant amounts of waste
again. It was also noted that the berm constructed to prevent discharge of waste from the upper
lagoon was still allowing a small flow of waste to seep through. At the time of the inspection
however, the lower lagoon was not discharging as the discharge point had been addressed via a
sandy berm. It was confirmed by the Richmond County NRCS that some pumping had occurred
and there was pumping equipment present at the lower lagoon. However, it appeared some
waste water had been spilled in the vicinity of the pumping station and drained off into the
woods. It is strongly recommended that the pumping of the waste water is carefully regulated
to prevent any further discharges to the surface waters of the State.
As per our conversation on the date of the inspection, it is extremely important that you
address the following subjects to prevent any further waste discharges:
1.) Pump both lagoons down to safe recommended levels via
the spray application of waste water on a field with
vegetative growth. 'It is not recommended that you
apply waste on your adjacent 3-4 acre field as it has no
Wachovla Buliding, Sulte 714, Fayetteville N10FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Volce 910-486.1541 50% recycled/10% post -consumer paper

Mr. Wall
1/23/96
Page 2
established cover crop and is severely sloped which can
cause further discharges from runoff. Also, please advise
this office whether additional adjacent third party lands
are available.
2.) Place additional compacted clay soil on upper lagoon berm
to prevent further seepage.
3.) Contact NRCS immediately and on a regular basis to obtain
a certified animal waste management plan and update them
on your status.
Please advise this office in writing of the steps that you plan to take to bring this
farm into compliance with state regulations concerning animal waste management by February
6, 1996. Failure to adequately address the management of this farm by such date and to take
appropriate corrective measures may result in this office recommending that the Attorney
General's Office take appropriate legal actions to force this farm into compliance or cease
operation.
Please be aware it is a violation of North Carolina General Statutes to discharge waste water
to the surface waters of the Sate without a permit. The DEM has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation.
If you have any questions concerning this matter, please contact either Ed Buchan at (910)
486-1541 or Vilma Marra of the NRCS at [phone]. Thank you for your time and
consideration.
Sincerely,
Ed Buchan
Environmental Engineer I
cc: Chris Walling-DSWC (Fayetteville)
Steve Bennett-DSWC (Fayetteville)
Vilma Marra-NRCS Richmond Co.
Facility Compliance-DEM (Raleigh)

xc} L069-L66-OL6 �MaaJ
m
am

-USDA ROCKINGHAM NC 002
"TE - - 9&
Tikh.4g +
1.AO" LSViU: �
U Loom�() ( )
Later Lwtm (!it) 1,2_(Wdm)
LAST PUMPING DATE (if Wvm) w 'oil tip lae ao'�r')
FIELD VMNBRE WASH WAS APPLIED (itkoM arse) { ro
PREVAlI. NG WEATHER CONIXT=9 (an da dM at WPC") ;Ql&,�aA-C ftd
IMSCi GB OF WA WATBR: yu_
WITNES
�- --� we
gA : Mz,

WATER QUALITY COMPLAINT FORM
County:
Date Received: t4 Le Time: k0`�'
Complainant (if known) : �d� «���� `�� �,�tw u�
Telephone No. G5' t�- k° G�
Address:
Nature of Complaint: s
Locations and Directions: 'L"J 0,-4 r
InvestMR/96
tor: e,,., c NZCS�
Date:
Time In:
Time Out:
Resolution: _'Tr_i2e,LY4G
Supervisor Approval Signature: Date

1r
Division of Environmental Management 7 7 -- 6
Animal Feedlot Operations Site Visitation Record
Date:..9425/162-
Time:
GeneraLlaformatIM
Farm Name-, &rjw,Coanty:
Qwaer Name: a.w e s _ ��.i ��hOne No• m S� On Site Representative: integiator.
Mailing Address:•. P. G - Sox 870
.
Physical Addressfl acadon: o s_ 06ry
r
Latitude: I Loa 'rude: I I
tin Desc tion: (based on design rharaekritlics)
7 f S**te No. of AnimdU O r of Poultry No. of AninmU De of Cask No. of Animals
13 oa
Layer airy
0 Nm y D Non -Layer O Beef
O Feeder
Otherywe NwnbrrorAnirnals: 338a
Number of Lagoons: 9 (inclu" the Drawings and Observations the freeboard of each lagoon)
FacilityInU&gdow
Lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?:
Is seepage observed from the Iagoon?:
Is erosion observed?:
Is any discharge observed?
0 Man-made O Not Mast -made
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?:
(!Ln:he amps which +gyred LVnovemm)
crop type: ? 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 stockpiled within 100 feet of USGS Blue Line Stream?
'Is Wind waste land applied of spray irrigated within 25 feet of Blue Line Stream?
AOI — Jaaaar717JM
Yes)&
No I]
Yes 0
No X
Yes 0
No IW
Yes 0 NoIQj
FA
Y No C�
Y No O
7
I
Yes 0
-Nd'�W.
Yes 0
vow
Yes 0
Nop
Yes U
No W

!r MCiJr1EllatsC!
Does the faciIlty maintenance a eed'impYes ❑ No�
b these evide'nce of past discharge from any part of the opecation? Yes 0 No 0 .
Does record keeping need improvement? Yes C3 No 0
Did the facility fail to have a copy of the Animad Waste Management Plan on site? Yes O No O
Explain any Yes answers• r
Signanue: Date--
cc • Foclltry Assrs t UAir Use Axachn giCa YNadad
�
�s CGl�earec�
S►'►'� er
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i ; w [•f Yr'.=tea .ti �r . ,
•
••• •.• •
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.. •�.�Ar.1!��rr. ��«l,.0 •-N •wa ..fL•=f•r+••p �fM�t�sV� �� ��..
• �� ��
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•
IY!�51�'�•.I��71..a4 *�•�. •1 •�•;� / xi i• �f'�*• � 1 % j ���/rM� � M ..
Aot — Janes 17P19%
=

State of North Carolina i
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
7 4
M A- �_i F)
C)EHNR
October 31, 1996
TO: Mr. Dan Oakley, Esq.
Special Deputy Attorney
FROM: A. Preston Howard Jr
?n ENV. MANAGEME"NT
SUBJECT: Request for Collection of Penalties FAYETTEVILLE REG. OFFICE
Please initiate collection proceedings for the case listed below. The assessed party has
neither paid the assessment nor requested remission within thirty days as required for my
consideration. Copies of the certified mail return receipts and Certifications from the Office of
Administrative Hearings have been attached to the copy of the corresponding assessment.
Violator
James Wall
DD 96-01
Date Assessed
8/27/96
r
9/2/96
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581.
ATTACHMENTS
cc: Fayetteville Regional Water Quality Supervisor
Steve Tedder
Shannon Langley
Case File #DD 96-01
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 4
' Division of Water Quality �r
James B. Hunt, Jr., Governor now
Jonathan B. Howes, Secretary TD
�'
A. Preston Howard, Jr., P.E., Director ,
August 29, 1996
Mr. James Wall
James Wall Swine Farm
Route 1 Box 109
Morven, North Carolina 28119
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
15A NCAC 2H .0217
Richmond County
File No. DD 96-01
Dear Mr. Wall:
This letter transmits notice of a civil penalty assessed against Mr. James Wall in the amount
of 59,062.92 including $2,062.92 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment. of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.Q. Box 29535 ' '
Raleigh, North Carolina 27626-0535
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

2. . Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
2 82. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) . the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous "-
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
M
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within .X days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised -that additional assessments maybe levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments .
Central Files w/ attachments
Public Information Officer w/attachments

, STATE OF NORTH CAROLINA
COUNTY OF RICHMOND
IN THE MATTER OF
JAMES WALL
FOR VIOLATIONS OF PERMIT
15A NCAC 211.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-01
FINDINGS AND DECISION
AND ASSESSMENT OF
CAVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-2I5.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. James Wall owns and operates a concentrated animal operation in Richmond County.
B . James Wall / Wall Swine Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 13A NCAC 2H .0217.
C. On November 30, 1995, December 4, 1995 and February 21,.1996 DWQ staff .
observed a discharge of wastewater from the' Wall Swine Farm secondary lagoon to
an unnamed tributary of Little Mountain Creek, which are CIass B waters of the State.
D, James Wall had no valid permit for the above described activity.
E. , The cost to the State of the enforcement procedures in this matter totaled $2062.92.
Based upon the above Findings of Fact, I make the following:
I.I. CONCLUSIONS OF LAW:
A. James Wall is a. "person" within the meaning of G.S. .143-215.6A pursuant to G.S.
143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Little Mountain Creek constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.

• E. James Wall may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($1.0,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The Stat&s enforcement costs in this matter may be assessed against James Wall
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, James Wall is hereby assessed a civil penalty of:
S d 6a • for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on November 30, 1995.
$ O-ZrZ • ° ° _ for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on December 4, 1995.
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on February 21, 1996.
TOTAL CIVIL PENALTY, which is .Z 3.3 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 2062.92 Enforcement costs
$ 90CoZ . 9z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The priorrecord of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Z 7 96
(Date) � A. Preston Howard, Jr., P.E., Director
Division of Water Quality

P '579 198 903 i
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STATE OL+ NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
October 17, 1996
Robert L. Sledge, Supervisor
Compliance Group
N. C. Department of Environment, Health
and Natural Resources
Water Quality Section Compliance Group
Division of Water Quality
PO Box 29535
Raleigh, NC 27626-0535
RE: James Wall Farm/DD 96-01
Dear Mr. Sledge:
In response to your letter, please find enclosed a Certification signed by
Julian Mann, III, Chief Administrative Law Judge, Director of the Office of
Administrative Hearings.
Should you have any questions please feel free to give me a call.
Attachment
Sincerely,
Dean E. Coley
Chief Hearings Clerk
wAnR QUALI SEEc"UN
OC+ 2,1 199A
OPE1tATt0
NG rkPAN,"k
POST OFFICE DRAWER 274471 RALEIGH, NORTH CAROLINA 27611-7447
RULES: 919/733-2678 ADMINISTRATION: 9191733.2691 HEARINGS: 9191733-2698
FAX: [phone] FAX: [phone]

' 'STATE OF NORTH CAROLINA
• COUNTY OF RICHMOND
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through October 2, 1996, no open petition
exists that was filed by James -Wall sufficient to commence a contested case concerning the matter
of discharging swine waste to the waters of the State in violation of 15A NCAC 2H .0217.
This the /S day of 0C4Qbrr` , 1996.
Julian Mann,
of Administrative Law Judge
Director

DIVISION OF ENVIRONMENTAL MANAGEMENT
Fayetteville Regional Office
December 19, 1995
TO: Steve Tedder, Section Chief
Water Quality Sect on
FROM: Kerr T. Steven , glonal Supervisor
Fayetteville Regional Office
SUBJECT: Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
James Wall Swine Farm
Rt 1, Box 109
Morven, NC 28119
Richmond County
Find attached a fast track enforcement package pertaining to the discharge of animal
waste from the subject swine facility. The attached inspection form will detail the basis
for the action as well as serving as a list of assessment factors.
Also attached is a letter addressing revocation of the "Deemed Permitted" status for the
Director's signature.
If you have questions or comments, please advise.
EB/bs
Attachment

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Wall
Wall Swine Farm
Route 1, Box 109
Morven, NC 28119
SUBJECT: Notice of Violation
Notice of intent to Revoke Deemed Permit
Wall Swine Farm
Farm Number 77-6
Richmond County
Dear Mr. Wall:
You are hereby notified that Wall Swine Farm, which has been deemed permitted to have
a non discharge permit for an animal waste disposal system pursuant to 15A NCAC
2H.0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North
Carolina General Statute 143-215.1(b)(4)c, 15A NCAC 2H.0213 and 15A'NCAC 2H.0217(d).
The violation was documented during site visits conducted on November 30, 1995 and
December 4, 1995. During the visits, a discharge from the lower of two waste storage
ponds was observed. The discharge was traced to an Unnamed Tributary of Little Mountain
Creek.
WIthin 60 days from your receipt of this letter, the Division of Environmental Management
Intends to revoke Wall Swine Farm's permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater.
2. Make any modifications needed to ensure there will be no future discharges.
3. Send in an approved animal waste management plan and have the attached
certification form completed. This form and a copy of your plan must be returned
to:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Wachovla Building, Suite 714, Fayetteville N%wl'C FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Mr. Wall
Page 2
Failure to comply with the above conditions will cause the existing wastewater treatment
system serving your animal operation to be considered being operated without a permit as
required by North Carolina General statute 143-215.1.
The facility may be deemed to have a permit following revocation if the former permittee
makes such a request in writing and the previously stated conditions are met to the full
satisfaction of the Director.
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land 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, or the North Carolina Cooperative Extension Service.
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 must apply for an individual
non discharge permit from the Division. Please find attached a permit application which
must be completed and returned if you wish to apply for an individual non discharge permit.
This permit, if issued, will contain monitoring and reporting requirements determined to
be necessary by the Division. This letter does not prevent the Division of Environmental
Management from taking enforcement actions for this violation or any part or future
violations.
If you have any questions concerning this matter, please do not hesitate to contact either
Michael Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Region at
[phone] or Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
Attachments
cc: Kerr Stevens, Supervisor, Fayetteville Region
Richmond County Soil and Water Conservation District
Steve Bennett, Regional Coordinator, NCDSWC
Chris Walling, NCDSWC, Fayetteville Regional Office
Compliance/Enforcement File

STATE OF NORTH CAROLINA
COUNTY OF RICHMOND
IN THE MATTER OF
JAMES WALL
WALL SWINE FARM
FOR VIOLATIONS OF PERMIT
I NCAC 2H.0220.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD -
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make
the following:
I. FINDINGS OF FACT:
A. James Wall operates a concentrated animal operation in Richmond County.
B. James Wall/Wall Swine Farm was deemed permitted on December 5, 1993, in
accordance with 15A NCAC 2H.0217(c).
C. On November 30, 1995 and December 4, 1995, DEM staff observed a
discharge of wastewater by Wall Swine Farm from an Unnamed Tributary of
Little Mountain Creek, which are Class "B" Waters, from a swine waste
holding pond.
D. lames Wall/Wall Swine Farm had no valid permit for the above described
activity.
i
E. The cost to the State of the enforcement procedures in this matter totalled
$ L0.$-'15

Based upon the above Findings of Fact, I make the following:
IL CON_ C_LU51ON_S OF LAW:
A. James Wall/Wall Swine Farm is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H.0217(a).
C. Unnamed Tributary to Little Mountain Creek constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge constituted making an outlet to waters of the
State for purposes of G.S. 143-215.1(a)(1), which is a violation of the non
discharge permit.
E. James Wall/Wall Swine Farm may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not
more than ten thousand dollars per violation may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for
failing to act in accordance with the terms, conditions or requirement of a
permit.
F. The State's enforcement costs In this matter may be assessed against James
Wall/Wall Swine Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282.1(b)(8).
G. The Director, -Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties
in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECIS[ON:
Accordingly, James Wall/Wall Swine Farm is hereby assessed a civil penalty of:
$ for discharging wastes to the waters of the State which
is a violation of 15A NCAC 2H.0202 and NCGS
143.215.1W.
$ TOTAL CIVIL. PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 1,559.15 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in
G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission ,has
regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspections: November 30. 1995_anDecember 4, 1995
2. Regional Office: )fietteyille,,Water Quality Section
3. Name of Owner Of Property: James Edwin_ W- L-Jr.
4. Name of Operator: James FAwin Wall_ Jr.
Address:5. +
Box ly9
1,(1 ■ " 1 AIC 28111'
01 ' + : ' : Work
7. Description of Facility Location, Map excerpt attached.
The swine facility is located annroximately three 3) miles West of E,llerba- Ta
Take SR1309] est out of and take a -right wto S&U14 in
McCaskill Rd). Farm approximately 2 miles on the righL
1. Date this facility began operation: 1' plevious owner, U. 1.c_d . i=-began
Mr. Wall estimates he took over operation an July 22nd, 1994. Also see,
9. Date of last expansion-4 4 hU not §Wandgd siUr, original +.1 !IJ. _ 1 1 1. ',W 14
comments froM-Mr..
10. Has the facility registered with DEM YES_ NO_
If yes, date of registration March 12, 1993,
11. Does the facility have an approved Animal Waste Management Plan YES_ NOS
Is one required? YES_ NOa
Date Approved:
12. Has this facility received a CAFO Designation? YES_ NOS
If yes, date issued:

Page 2 of 7
13. Type of Operation: Swine, Farrow to Finishing
14. Number and type of livestock: 1440 I= hohoas, 3W feller pigs. 300 nurslings. 210 ss ws, and
20 boars,
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period.
Twelvg 112) months-
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? No fief are used l'gr the .sprayavvll�ation of waste material
, _although Mr. Wall does own a 15 amfield adjacent to thi lower lagoon. However,
there did not appear to bc -any significant cover crop established on this field at the
Mlle inspection.
17. Type of Waste Management System: Swineare kol in total ggnfinemp,01 fr= sIWI barns
with slotted floors over flushing pits, Wasic is flushed as needed from floor 1.. # 1
Wilstg lagQQfl SysteM. The lagoQam 11.1.11 "1 1f tw"Z)--Iagms with 11'
being an upper lagoon, directly acopling waste from _4" swine faciliV, and _4' other.
1' { ! 1 • + 11 ! 11 / 11.• { UAal vertical elevation below the U=
laizoon) which is usgd for1 #' 1 Ali U,. Wall L' 11'
of .1. 1' _/ 1. be -has not and does # / ­er6loy aiii type of waste di"sal method
1 11 11
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters: lione obsery or -reporter d^to investigatol" at_time of inyCstigatign.
19. Proximity of facility to neighboring houses, wells, etc.:
yards from the nearest home. Another single family home ' roximately 1,000 yards
Map)
20. Approximate depth of ground water table in the area of the facility or discharge: Unknown
21. Proximity of facility to surface waters: Facility (edge of lagoon) is located approximately

Page 3 of 7
22. Animal waste discharged. Swine
Witnesses: Ed Buchan, DEM WQ Faye eville Regjm1 Office (21Q) 486-1541.
PauBawls, DEM W_Q FaxettURIe Rep-iunal_Offce (2M 4$6-1541.
j'1 ._! .J1.
MrRv-
Mot
23. Are pollutants dischargedin the watersof the State? YES
If 1 i At the _ JJ ' of both _!. i _ 1 1. • . I waste was. -disc
northwest si1 ' 1 the upperlagoon aneroded channelwhich drain
1 1 .1 The II .gooagoon. was discharging at ! ' east comer• ! erode f 1 • _I -! " . • !. !
flowed 9 1■ into natural S , ■• h . i .! 1 anUnnamed ..r 1 . : _■ Ibis _ ! ! c
_ flow into Little .►! 1 - ! _a . I Creek,1 _1 1 .1 . _ ' ' 1 . . _1 1
1 their'l i '. .. J! 1 1 J 1_ \l. was observed that both 1 J
appeared 1 flow in what wcrQ 1 " m " 1-as CMer2enCy spillvUs.-AlsQ, see attached
J 1 1 11 1 1
1 1 J' 11 IJ_ 1 11W.79_W16111_I F._i IV)! 11c1VI WAIJI N1 tHEO16161116/ '11_1'
1 1 _L ' . 1 1 1 1 !. a •. 1� JJ •. !. 1 _! " ♦ 1 1 �1� J _ " OTC,
11"1 IJ� J_ 1 ♦ ! . •. . �. L ' IT-4101I.M.'AMM 11 I ■ e
1 1 _' J' _!< _..11" •JI #' IJ11 1' .1!"1 1 ,!' (, J•. ` ICI F. Ji 1. MWI1'
1 IM a " \/ ■ IRM1,111,11
: 1 I 1 I. '91ramn.1 - " 11111 111
!' "l IJl '!li _1! •JI 11L1.1 '(11 IMPM161!'LII"
1,J. • ! '1 61J We_. • / A MR M l ' !'•_11 W WN-TTiTil V F 9J M t_1� ac
M. -104MOM iJ 1 in_I M M1• i P,• RIF 113 1 J..!•.11�.1
!1 _ - i. / tt J21- IJI 1J.._11
•

Page 4 of 7
25. What is the degree and extent of harm to the natural resources of the State, to public
health,or to private property resulting from the violation?: The discharge hascauNed the
inMQduction of . nutrients into the receiving stream, that will cause Or add IQ the
possibili + _of alga Llaa looms mid-accelerated-cutrophication 9f the -slow moying waters of
the recciving stream. Also,. sjImples take indicate elevated fecal coliform j=ls down
9X= of the QUity.
Sample results:
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS
FOR MORE INFORMATION***
I c ' - / wffI 1 i_
.1.1.. 1. ,1 11 Now III ' #11 .. 1 111 1/ : 1/ +I \/I_I 1 _1• �' 1 l.11.'I 1
1 I 1 #. ' 1 _# MM 111' #• 1 • 171 - 1

Page 5 of 7
M)•_,_ ' 1 IFITIMM• la_!1'
NOW".1 • 1 1' 1 1 1 11 ' •. . f 1 1 U
f #I It 1_ _1 . ! l a ` 1.1 1
A 1 4 1 . �. � a ! � 1 f_' 1 ! •. ��� _!' f It'
� _ 1.1. .. 1 1 f , a 1 . 1. 1 1 ._ 1
1" 1 . .I.I' 1 1 !' 1.l•_ I'f. tr.1 ,,y .1
.
4� .4-.. L" + 1•_'"
<_1f I•`
of WME 1.117C..NA -11# rTAT,
11 �_... 1 ` 1
Mt +a 1,� 1
28. What is the cost of rectifying the damage?: Ik wriWr -observc�Lm -area-that c1pmil
activities would 1 be recommended,Any e 1. 1 would adyerse_ It l •. 1 nearby
wetlands—Thc[L-has been 4+ up= of f.+ a t. M ll i=acts outside 1. The
t-9. What is the amount of money saved by noncompliance?: LBased onAybsev-.&Trw.L�
ftzijvestigatim. J' It• ,1_/.!' 1 11 !l 11_< '•`'11a1
1 1 1 . J ' generated 1 lease ! ' 1 ! from a third1 aM Ia _ I ! 1
addition, + 1th-e fact that Mr. Wall dogs not l2osscss anyrr.. _1i cquillment,
. 1 1 1 •.ve tQ-sj&nd Money t1 construct a waste pumpingF_(forcemain) 1500 to
20.0.0 feet long withr associated 5= field Costs such aS y&es. spEgy h?ads, establishing
30. Was the violation committed willfully or intentionally?:
YES X NO_
f :. 11 •+#_ _11 ■ � U . �... e_ 1• a e 1•_ e a �_" • t
• 1 I' as R. •_L 11 1too17M FM NINEWTI _I- III I,' ,I f'
1/ 1 l'111 1 .11 _L 1 +1 ".1! . 1 1 •1 1 1 1�.. `.1' 1, . � 1.111
! `1/! �' 1/ � •. f f I1 !+1 1 1 711 1 ,' � I 11 � . .'I I •.J
Mug _1 1'! I r. I I , 1 l7le 1
31. What is the prior record of the violator in complying or failing to comply with programs
over which Environmental Management Commission has regulatory authority?:

Page 6 of 7
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$
6.00
Mileage: 0.20 per mile for 270 miles:
$
54.00
Fecal Coliform, COD, BOD Analysis:
$
559.80
Copies (Bladen County Court House)
$
1.05
Ed Buchan 30 hours @ $17.75/hr
$
532.38
Paul Rawls 12 hours @ $20.84/hr
$
250.08
Michael Wicker P.E. (Supervisory Review)
1 hour (& $24.48/hr
$
25.93
Ken T. Stevens (Supervisory Review)
$
31.36
Attorney General Office Review
$
100.00
Total $ 1,559.15
33. Type or general nature of business: Swine, 3:u ping Operation
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Wall was open to discussion concern. -a the discharge and rdued-that k was
dischanig. Ur, slated thgt hc did not intend for the waste to zo in
the re eS ivin stream gnd he was -not aware that his lagoons were discharging. He also
expressed the desire to do whatever it takes to stop the discharge and come into
comnlijince.
35. Are there any Mitigating Circumstances?: hQ
36. Assessment Factors:
l _! ' 1 . Li !. t � _l ' ! I c I! ' 1. � ! .._� � _ � ii l i .•. 4 ".: _4 t _ 14 " �
b. Receiving Stream 11nuamed,Tributaty to Little Mountain ,CEeek
1
c. Damage Yes — No -x- (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation IMr signed byjhe_Dircctor.
NIA

Page 7 of 7
C; Recommendations Ma1' to Owner/Operator: At the tiMe of the second investigation,
L-Ammediately-mse -discharging and lower lagoon levels,
2- Take imMIImdiate action to cMWish -pMer spray field -and obtain
3- Contact Soil and W-&i C6nservation to obtain technical assiguce.
39. Recommendations for further DEM Action:
\ 1 _ 1 1P M! TO. MUM _ 1 ' 1 -Tj 7 1 INIy/
Enf
orcemeut Action
►'_11i' 11
ll. • !. I1.1. !
A, #. 1 i'!. .1 I. .1/' L! !l+
! 1 1 1 1,11 11 1 "1 1(/. 1 _IW 1 I ve
. I. I + 1 1, 1�_ 1, ' ! ! l_ 1 . I + _I.. 1 1 `
III IR1
1.1i_ !1 ! i 1 1 ! 1!1 l.l_ •' I 11 .•

`\ �� _ i., - �;� r' �` 11 �• ��} ( ,��% -
,, �' o •/� + I�yI+ ,mil I � � !i I � I ♦ \\�.. ,
��' ' +'r .• 'r //� � Os 'I is4 • W9 8t } 6�5. l_�_ �
\ , ' 1. • ; / � r �1 i ♦ �� K / � �� ` \ •� \\
oq
�� � Lam• � v� �,' � iJ ,. G1
/FA
(; •• 11
( ; r.. •, r `) ` :..�AjNX
-�'
J`! �;
v� rr`` 5/1 • ��

0
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA 43787
[phone] / [phone] (FAX)
AIR • FUEL • WATER • FOOD . * WASTES
AFC 21 ImCERTIFICATE OF ANALYSIS
cERT 915418
�A ENV. MANAG MNt
�'ExTEviL�E.Fs�U. ��
LIENT: NC DEM DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER:.#KNO 03 REFERENCE: Walla Farm
SAMPLE ID:' 1. Discharge from upper lagoon - ID 995WU116922
2. Discharge from lower lagoon - ID 495WD116923
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/07/95
4444l4*4444*44*4444t**44444#}}44##444##44444*44}44i#*4##4#4}#}44*}#*#**+**}44#*44***44#***
ANALYSIS METHOD 1 2 3 4
***********�444##*44t4#444444*444444#444*#44444*4444#444444**444**}44**}}4#4*4tk4#*****4t*
1,1,70BOD (mg/L) -
EPA 405.1
77.4
192
?..?.-MD (mg/L)
EPA 410.1
280
860
.;�, COLIFORM, FECAL (per 100 ml)
SM16 909C
35000
5455
COMMENTS: < Lean than
> - Greater than
PAGE 1 OF 3
Tf+a data and other Ana midon aerua Wan dr., and afar a000gmmonp dDwrmr s. rapment omy the wmpa(a) an*m OW to MEMBER
mrdsrad upon dw oond ftn dw a 16 not to hs lip adme wno:r *rim pan for .dram or afar vwrp0m wMhmA »ulnas appawl
non vN bb
USDA•EPA-NUOSH Tatlng Food 8enWm CanrAna Chen kW end MWd)W 1ml An*m and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
827 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD • WASTES
. CERTIFICATE OF ANALYSIS CERT #15119
ENV. MANAGEMENT
.FAYE-I•TEVILLE REG. OFFICE
Y 's - •
CLIENT: NC DRM DATE RNC•D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachavia Building, Suite 711 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Behar lower lagoon - ID #95%0116924
2.
3.
4.
DATA REVIEWED BY: 4==e=
DATE REPORTED: 12/07/95
♦++++a++a+aa:+++++++++aa+a+a++++aaa+a++++a+ata+aa++a+aaa++++++taa++++++++aa++++aa+aa+a+♦+a
ANALYSIS METHOD 1 2 3 4
ta++++�►+aaaa+aaaaa+aa+++a++aaa++++aa+a+a+a+aaa+a+aa++++ta++ataaa++a++aaasa++++aa+a+aaaa+a+
BOD (mg/L) SPA 105.1 11.8
COD (mg/L) EPA 410.1 135
COLIFORM, FECAL (Per 100 ml) SM16 909C 2300
COMMENTS: < a Less than
> e Greater than
P1AGR 2 OF 3 ' :t
The data and otter inlwmatlon contained on No, and other a000mpanying dooumanis, rprawra ony the umpli(s) woozed and Is
modafed upon the condition that N ie nct tc be rap c ck cad wtoly win put is oMrOWfg w ocher pugwm wlltwut wdfan approve
lrom the laewatory.
USDA-EPA-NK*H Tsftg Food BanllaHm Conch g Chw r" and MW An*M end Ream-th
MEMBER

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR 9 FUEL WATER • FOOD
NC #11
NC #37714
USDA #3787
• WASTES
ENV CERTIFICATE OF ANALYSIS cERT #15420
Mr4NAGENENr
FAILLE RE 2. OFFr�w
CLIENT: NC DEN DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachcvia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Upstream of discharge - ID #95WU116925
2. Downstream of discharge - ID #95WD116926
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/07/95
ANALYSIS METHOD 1 2 3 4
##*A#+#*A+#+A+A###A++AA#++#++#*##+#++A+A+A++t*A4++AA##AA+##AAAAAAAAAAAt*##++t#AA#+AAAA###*
BOD (mg/L)
COLIFORM, PSCAL (per 100 ml)
ODMMBNTS: < = Less than
> - Greater than
SPA 405.1
SM16 909C
PAGE 3 OF 3
1.33 3.59
<1 230
kkz
The dM and other Inbrmetion cent reed on fHa, tud other a000mpanyinp dooumente, repraerq only the eerrrple{e) eruly=d wed 19 MEMBER
tendered upon the ar d ibn tlyt N is not to be hp -,Iwo wholly or In W for 26e91slnp or other purpom wOw wftn approvel
*wn the kborefory.
USDA-EPA-NIOSH Ttuoft Food Stu iMM Cotgtd" Che N011.1 turd M 101*1 lKIM Meym turd RNOVoh

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE MAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
NC #11
NC #37714
USDA #3787
• WASTES
CERT #15468
CLIENT: NC DEH DATE REC T: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: P. Rawly:
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KNO03 REFERENCE: Wall's Farm
SAMPLE ID: 1. Discharge from lower lagoon — ID #95WU126972
2. Below lower lagoon - ID #95WD126973
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/11/95
aataa+aa+4#ttt+,�t+aa+a+at++++#as+as*ta+t++ta+a�rataar►+tt+t+t+tea+tat+aatt+t#ataaaa+tea*tt,►a
ANALYSIS METHOD 1 2 3 4
ttt##ttttttta4ttt++t#ttt444ttt+tttt#t44aa44#tt#44t4t4#tt44a4ttttatt##ttt44tttt4++#tattattt
SOD (mg/L)
EPA 405.1
201
73.8
COD (mg/L)
EPA 110.4
621
128
COLIFORM, FECAL (per 100 ml)
SM16 909C
38000
20000
COMMENTS: < Q Less than
> — Greater than
DEC 15 =5
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
PAGE 1 OF 1
The dam end other Imbromdon aonWned on 04 and other aommp mong dm umerm, represent only the eample(Q anslyiad end k M E M B E R
rendered upon dr OvMon #W b is not to be reprodrmed wholly ar In parr for edven Wnp or ~ p apo m wnhord wrltt h approval
barn the laboratory. S
USDA-EPA-NIOSH Testlnp Food 8tnllatbn OofaUMV Che *OW and Mbrobbbpfoal Analyses WW Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY. NC #11
817 CASTLE HAYNE STREET NC #37711
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR + FUEL WATER + FOOD. + WASTES
CERTIFICATE OF ANALYSIS CERT #15461
CLIENT: NC DEM DATE REC•D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachavia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: OKNO03 REFERENCE: Walls Farm
SAMPLE ID: 1. Upstream of discharge - ID #95WU126974
2. Downstream of discharge - ID 495WO126975 I/
3. DATA REVIEWED BY: /Y,cls-•.•,.
4. DATE REPORTED: 12/11/95 !� ~
*i#a*a*t}a4aa*#a*ata*ia4iii#*##a**#ai*i##aa*aiiii#*####aaiiiia###aa*at*ti**#aa*#ati#i#a*aa
ANALYSIS METHOD 1 2 3 4
a*a*aaa*###a#+#+a#aa�*#*ia*aaiai}}}}#aaaa}iaa**a#+aaaaiii*as#aaaaa*a#aaaaaii*i*a#*aaa#**#*
SOD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS: < - Less than
> - Greater than
EPA 105.1 0.6 1.1
SM16 909C 18 270
ri !r
501
O
C�- I*
DEC 15 IM
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
a
PAGE 1 OF 1
'n* data and other Intormatlon owftrad on ttdo. and other a000mpenylnp doormen%, mpreeent only the ann00) analyzed and to
rendered upon ow oondltlon that h Is not to be ropoduoed wholly or In part for o"rHeIng or other putpoeea wHhout wrow approval
from the laboratory.
USDA•EPA-NIOSH Tooing food Stud%Wm Ct wrdnp Chatnkud and Mtmrobloftiml Arelym end RttsumA
MEMBER

Department of Environment, Health and Nat tiA e8ou, `' �,a
Division of Environmental Manage
water Quality Section ;a RRr9�
If the animal waste management system for your fe 0 1 a
designed to serve more than or equal to 100 he of ca� 75
horses, 250 swine, 1,000 sheep, -or 30,000 birds th d by
a liquid waste system, then this form must be filled mailed
by December 31, 1993 pursuant to 15A NCAC 2N.0217 (c) in order to be
deemed permitted by DEM. Please print clearly.
Farm Name:rS_�1,r.rc __ - - .,.. ...._,._...�..
Mailing Address:
County:
Owner (s) Name* 1i P
Managers) Name:
Lessee Name:
Farm Location '(Be as specifir, as pas zble:
milepost, etc.) : X • fA,-,4
Latitude/Longitude if known:
Phone
ad names, direction,
Design capacity of animal waste management system (Number and type
of confined animal W) :_ S Q--Sdy,%3 f ?c�'l� - Z;�C.4s
Average animal population, on the farm (Number and type of animal(s)
raised)
Year Production Began ASCS Tract No.:
Type of Waste Management System Used: g3-P* v-r
Acres Available for Land Application of Waste:
Owner (a) signature (s) : tPATE: 3w
D '^

.
L
pZCleltlna`
FILED
";;�� JrIL 10 B as 9'9� .
Real Mate
ExCISA Tax MISTER rOF DEM
RICHMOND CO.. KD
03841 !
Runs Tea �!� � Rectrdlas ?nak. Moak and Pop
Tax Lot No ......... ........................................................................ Parcel Identifier No. .................... ....................... ...................
_.
Verifiedby . ..................... »............................ ... County as the..........,.... day of .... ............ ................ _................... I 1g............
by—..................................................................................... .... .. .... ..... ............... .... ........... ......................... ........I----------
Mail after recording to ................ James. ,)3...italic...•I><................................................................................. ............ ... ... ,..........
............... en, 11C 28119
e r
This instrument was prepared by ..................James E. Nall,...Jr.................. .......... ........... ......... ............... ,.... ........ ,...
....
Brief destrlption for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made thin ...... „........ day at .,...JAXY............ I ......................... by and between
GRANTOR I GRANTtE
Richard Mayne Bennett ARA
Richard W. Bennett, vidowerr
of Richmond County, NC
James E. hall, Jr.
Rt. 1. Box 109
Norven, NC 28119
later la apprepANt black for tack parlrt na ee, ■ddrek ad, M eepre"is. el.aractec of aatmy, e4 eerrarNtsa or raetuenwr.
The depignatlon Cranlor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and
aheii lad Lida. eingulw piasaL maatuline, teminInn et mauter as required. b eantairL
WITNESSETH, that the Grantor, for ■ valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents dote grant, bargale. mail and canvey unto the Crentee In fee "pie. all that
certain lot or parcel of land situated in the City of ................... E.in9x:A1.,PPr1PgA... Township,
. .Richmond County, North Caroline and more particularly described as follows:
SEE SCHEDULE it
K c. hr Aror. t`r w ] e "W lr.trf a IM
err.+Mar.r.r+.ww.nta �r.� � wn..lwnewea . era arspee . wry�le r+erfaro

Does the facility servc
<100 head of cattle
Yes
U,
<30,000 birds with a lkpdd waste system
No
Has the facility submitted
a registration?
Yes
Is the facility a ibxw No
operation or 2)K= trgui a to
submit a plan early? .
Yes
Yes Does the facility Yes Am criteria tact? NOV
ave Da dry litter Nobe L*wwithina
system? HoSpecify action to
r specific limeframc
No Attachment 14
v
RL Assessment DEEMED PERMlTIL'D
Attadnnetrt s No further action spired
Z3dt4 [IS" V
Does it have an animal No CL Asscssmmrt
ntattagemcnt plan? Auaehrnents
5. 6 dt 7
Yea
Is it is cornplhmm with the
c - pl=?
oa
Yes
DEEMED PERMITI'E=D
No further action nWimd
NOV
&/or
WP Assessment
Attachments 12 &
Nfl DEEMED PERMn1W
No further action requited
was it willrull or J
intctrtional? �PS I
CP Assessment
Attachment 9
Assam
To be Developed
Is the facility a No NOV - Lase Deemed Permitted Status
previously designatedSubmit Waste Mangement Plan to 60 Days
CAFO? Attachment 10
Yea If discharge occurs priar
to plan submittal or irw
plan submitted within 60 days
CD Assessmcut.
Attachment 8
Operate a Treanrcnt Works
w/o a Permit Assessment
Attachment 11

DEPICTION OF FACILITY AND SAMPLING POINTS
"Not to Scale**
SR ti31y
L40u sus SFv+�li�
l \ `
Lj
Lowe, 5 w+'�
� u sts
1
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I
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f41r� cities w
d o n
6 fir. W. 06
Unn0.mtd
Trlboiv�
L+oD
PUI!VIC11
cm-ev- A
Somfl

[�I
State -of North Carolina ,
Department of Environment,
Health and Natural Resources !
Fayetteville Regional Office'_•
James B. Hunt, Jr., Governor ID � H N F�
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 14, 1995
RETURN RECEIPT REOUESTED
James Wall
Rt I Box 109
Morven, N.C. 28119
Subject: Notice of Violation
Follow-up Investigation
Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This letter is in response to the follow-up inspection conducted December 4, 1995.
The follow-up inspection conducted by Burt Coffer, Richmond County Cooperative Extension
Service, Vilma Marra, DC, MRCS, Ed Buchan and Paul Rawls, DEM Fayetteville Regional
Office revealed that discharges of waste from the two waste lagoons on site was still occurring.
The discharges allowed waste to enter an Unnamed Tributary to Little Mountain Creek, Class
B Waters.
Please be reminded that allowing a discharge to take place without the appropriate permit
you are in violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as ' are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to again advise you, (1) To cease all unpermitted discharges
of waste from your facility, (2) Take immediate action(s) to prevent discharges in the future, (3)
That a report will be forwarded to the DEM Compliance Group with recommendations for
enforcement actions, (4) That recommendations will be forwarded to the , Director of
Environmental Management for the revocation of the "Deemed Permitted" status of your facility,
-continued-
Wachovia Building, Site 714, Fayetteville, North Carollna 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W% recycled! 10% post -consumer paper

Mr. Wall
December 14, 1995
Page 2 of 2
You wilt receive correspondence requiring you to submit an approved and certified waste
management plan in the near future. The plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at [phone]
to obtain technical guidance in order to receive a certified waste management plan.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further enforcement actions.
It is requested that you forward to this office on or before December 27, 105 the date
the, discharge ceased, actions taken to prevent similar discharges from reoccurring and what
actions have been taken to obtain a certified waste management plan.
It is recommended that you immediately contact this office should you need additional
information or clarification concerning this matter. Please do not hesitate to contact Mr. Michael
Wicker, P.E., Regional Water Quality Supervisor or Mr. Buchan at [phone] if you have
questions.
Sincerely,
K cam_
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Vilma Marra, MRCS, Richmond County
Ed Buchan, DEM Fayetteville Regional Office
Chris Walling, Division of Soil and Water Conservation

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iz

-State of North Carolina YIKYVA
Department of Environment, '7
Health and Natural Resources 4 •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H "PI
A. Preston Howard, Jr., P.E., Director
February 27, 1996
MR. JAMES WALL
WALL SWINE FARM
ROUTE 1, BOX 109
MORVEN, NC 28119
Subject: Notice of Violation # 96-01
Notice of Intent to Revoke Deemed Permit
Wall Swine Farm
Farm Number 77-006
Richmond County .
Dear Mr. Wall:
ENV, MANAMEVIENT
FAYETTEVILLE RLG. 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 30, 1995 and December 4, 1995 staff from the Fayetteville regional office
conducted an inspection at your farm. During the inspections, a discharge of swine waste was
observed from the lower of the two waste storage ponds. The discharge was traced to an unnamed
tributary of Little Mountain 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 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
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
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

,c,aure 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.
Sincenely,
i
i
A. Preston Howar� d r4 P.E.
ATTACHMENTS
cc: Michael Wicker, P.E., Regional Water Quality Supervisor
Steve Bennett - Regional Coordinator, NC DSWC, Raleigh
Richmond County Soil and Water Conservation District
Chris Walling, NCDSWC, Fayetteville Regional Office
Compliance/Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 27, 1996
MEMORANDUM
TO: Dan Oakley
FROM: Preston HowardG
SUBJECT: Request for Case Review
James Wall Swine Farm
Richmond County
AAq 1996
EAtv
MA
FAL GV'f' JVr
The James Wall Swine Farm was inspected on November 30 and
December 4, 1995 as a part of the Governor's directive to inspect all registered
animal facilities in the state. This inspection revealed that swine waste was
being discharged to the waters of the. State by a lagoon overflow and also from
a damaged swine house collector box. A civil assessment is pending in this
case. A follow up inspections on February 22, 1996 revealed another discharge
of waste water to surface waters via lagoon overflow. The integrity of the
lagoons is questionable and there is not adequate land onsite to apply the
volume of waste produced.
Please review this case and initiate actions as appropriate, including but
not limited to Injunctive Relief.
Thank you for your assistance. If you have any questions concerning
these violations, please contact Michael Wicker at the Fayetteville Regional
Office at [phone]. Likewise, please inform Mr. Wicker or Mr. Shannon
Langley of our Central Office Staff, of any documents you might require
which reside in our files.
cc: Steve Tedder
,'rchael-Wicker
Shannon Langley
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

,-1k
Qi
,v, e-,-, 0

State of Notch Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
I�
IDEEHNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 11, 1996
James E. Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: Discharge of Animal Waste From Confinement Houses
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on 4/8/96.
The inspection, prompted by a citizens complaint, revealed a significant amount of animal waste
leaking from your two (2) topping floors and subsequently leaving your property. It is the
understanding of this office that the flush pipes were clogged with excess feed.
In order to correct the deficiency listed above, it is required that you repair the necessary
plumbing works and direct all additional waste to the upper lagoon. To remain a deemed
permitted facility, all corrective actions must be completed by May 22, 1996. Failure to do so
may result in further enforcement action taken against you and possibly require you to apply for
an individual non -discharge permit.
Please be aware that it is a violation of North Carolina General Statutes to discharge
waste water to surface waters of the State without a permit. The Division of Environmental
Management has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Wachovia Building, Suite 714, Fayetteville FAX [phone]
North Carolina 28301-5043 N%0 C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper

Mr. Wall
Page 2
4/ 11 /96
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water
Quality Supervisor or myself at [phone] if you have any questions.
Sincerely,
Ed Buchan
Environmental Engineer
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Michael Wicker, FRO

DIVISION OF ENVIRONMENTAL MANAGEMENT
FAYETTEVILLE REGIONAL OFFICE
February 22, 1996
MEMORANDUM
6 ,
TO Bob Sledge, Supervisor
Compliance Group
FROM Michael C. Wicker, P.E.
Regional Water Quality Supervisor
SUBJECT : James Wall Farm
77-6, former Bennett Farms
Richmond County
The Fayetteville Regional Office wishes to request that an
injunction action against this farm be taken by the Attorney
General's office for the continued discharge of swine waste from
waste treatment lagoons on the farm.
A recommendation for enforcement has been previously forwarded to
your office regarding a discharge event.
The FRO has requested Mr. Wall to obtain a certified waste
management plan and to pump his lagoons down to safe operating
levels. He has been unable to do this within the time frame
specified. The local MRCS has been working with Mr. Wall to
monitor his progress and our office has been inspecting on a
regular basis.
Because of concerns voiced by local district officials this office
reinspected the farm on 2/21/96 and discovered that the lagoon was
again discharging to an UT to Little Mountain Creek.
This office is drafting further enforcement action against this
farm and will be forwarding when complete.

oleo
r
The integrity of the lagoons on this site is questionable and there
is not adequate land onsite to apply the volume of waste quickly to
draw down the lagoons to a minimum acceptable freeboard nor to
obtain a certified plan from MRCS. Mr. wall is trying to obtain
third party agreements for land application.
Please advise of any further information that you. need to begin
this injunction process.
MCW:mcw:wall
TILT ZW777-77'
- ... � . �Ae � : ��.r�.0 1 y.Y^r ..Ci.i r iJ� I•s .Y� Y �:�^Y..!",A fF ���1

sm:KNEL F. EASLEY
,%IIORNEY GENERAL
Mr. James E. Wall. Jr.
Route 1, Box 109
Morven, North Carolina 28119
State of North Carolina
Department of Justice;
P. O. 13OX 029 Reply to:
RALEIGH
27602.0629
December 27, 1996
RE: Final Payment of Civil Penalty
James Wall Swine Farm
Richmond County, DD 96-001(b)
Dear Mr. Wall:
Bart Njoku-Obi
Environrnental Division
Telephone: [phone]
FAX: [phone]
R �VI-�:
JAN 7 19971
REG. ®r"r-10E
This letter will acknowledge receipt of cashier's check number 4442849, in the amount of
$4,531.46. This second and final payment completes payment of the entire $9,062.92 civil
assessment levied upon you by the Department of Environment, Health. and Natural Resources.
I am closing my file regarding any further action to collect payment on this civil penalty.
If you have any further questions concerning this case, please contact me.
BNO/na
cc: Bob Sledge
Tommy Stevens
t!p:14612
Very truly yours,
/44e `
Xity
Bart Njoku-- -Obi
Associate Attorney General
:fin Equal Opportunity / Affinn7tive Action Employer

r
State of Noah 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
August 29, 1996
Mr. James Wall
James Wall Swine Farm
Route 1 Box 109
Morven, North Carolina 28119
F§11SIVZO
avg ,o
ENV MANAGEMENT
FAYETTEVILLE REG. OFFICE
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
• - 15A NCAC 2H .0217
Richmond County
File No. DD 96-01
Dear Mr. Wall:
This letter transmits notice of a civil penalty assessed against Mr. James Wall in the amount
of $9,062.92 including $2,062.92 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535 -
Raleigh, North Carolina 27626-0535
•t
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

.2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
•t
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina. General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR .
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within jbia days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHNIENTS
cc: Lpayetteville Regional Siper'visor i /rattachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

k
i'
STATE OF NORTH CAROLINA . NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RICHMOND
File No. DD 96-01
IN THE MATTER OF )
JAMES WALL )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT } AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVIL PENALTIES
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. James Wall owns and operates a concentrated animal operation in Richmond County.
B. James Wall 1 Wall Swine Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On November 30, 1995, December 4, 1995 and February 21, 1996 DWQ staff
observed a discharge of wastewater from the Wall Swine Farm secondary lagoon to
an unnamed tributary of Little Mountain Creek, which are Class B waters of the State.
D. James Wall had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $206292.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. James Wall is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C . The unnamed tributary to Little Mountain Creek constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). _
D. The above -cited discharge is a violation of the nondischarge permit.

E. James Wall may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against James Wall
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
G. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, James Wall is hereby assessed a civil penalty of:
$ 2, 6-ed • ai> for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on November 30, 1995.
$ ° D _ for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on December 4, 1995.
$ 3 Cr-" • dM for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on February 21, 1996.
$ �? d-" om TOTAL CIVIL PENALTY, which is 2 3. percent of the,
maximum penalty authorized by G.S. 143-215.6A.
$ 2062.92 Enforcement costs
$ 9 0 Co Z - 9L TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Z 7 96
ate} A. -Preston Howard, Jr., P.E., Director
Division of Water Quality

00,/27/1996 15:01
7046946261 CROWN TITLE PAGE 01
JAMEs B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPOKTATION
COUNTY: Richmond
MR. JAMES E. WALL
Route 1, Box 109
Morven, North Carolina
Dear Mr. Wall:
DIVISION OF rHIGHWAY5 GARLANo B. GARRF.1-F )R,
P. O. Box 1067 SFCRETARY
Aberdeen, North Carolina 28315-1067
July 17, 1996
PIC
SEP 27 08
28119
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
SUBJECT: Encroachment Agreement - 120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from Hog Farm on SR 1314 and SR 1315
You may proceed with the installation of 120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from Hog Farm on SR 1314 and SR 1315 in Richmond County under the attached
Encroachment Agreement. This installation shall conform to the provision in the Manual,
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way." PLEASE
NOTE: ""BOTH SECTIONS OF EFFLUENT PIPE WILL BE ENCASED FROM RIGHT
OF WAY TO RIGHT-OF-WAY."
Please notify, Mr. E. A. Green, Highway Maintenance Engineer, Division of Highways,
Rockingham, North Carolina 28379, Telephone [phone]; three days before you start this
installation. Since the Division of Highways is required to conduct a final inspection of work
completed, ycu are also requested to notify in writing the Highway Maintenance Engineer upon
completion of this project.
Yours very truly,
F. E. Whitesell, P.E.
DIVISION ENGWEER
Attachments
c: Mr. J. B. Williamson:, Jr., Right of Way Department
Mr. W. T. Campbell, District Engineer (59-1052)
9

09/27/1996 15:01 7046946261 CROWN TITLE PAGE 02
is
ROUTE SR 131�. R S1315 PROJECT 58(10522 COUNTY OF R NORTH CAR D INA
�r
DEPARTMENT OF TRANSPORTATION
-AND-
Mr. James Wall
Rt. 1. Box 109
Morven, NC 20119
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the ay t 9
Y t� 1
by and between the Department of Transportation, party of the u st part; an
]saes (dell party of the secon pert,
W I T N E 5 S E T H:
THAT WHEREAS. the party of the second part desires to encroach on the right of way
of the public road designated as Route Bit 1314, 1315 located met shown on
attached mn — "
with the Construction and or erection of 129felat of 6' YVC (SLUR, 21) .for effluent rrum
flog farm. Carrier line to be encased Zrom Sight of wav f'iflt ft eirn cant nrl lnwl r..
WHEREAS, It Is to the: material advantage of the party of the second part to effect
this encroachment, and the party of the first part in the exercise of authority conferred
upon it by statute, is willing to permit the encroachment within the limits of the right
of way as Indicated, subject to the conditions of this agreement;
NOW. THEREFORE. IT IS AGREED that the party of the first.part hereby grants to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s), specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the inata114Ston, operation, and matnsenor.c• of the above described facility will be 4eeospllahed to ac-
eord4noe with,ta party r the fir at part,* latest POLICIES Akinmay o � (y{TjAjI-1�IFsf�t }(jQ}(yJyT
RTI. TOF_41A -and much revisions and amandmers• then. 0 4■ me • n • ec n o • o s nyyreom•nTTn-'
area on a• to these policies anti procedures may be obtained from the otvlmlon Engineer or atrtr Utility Agent of
the party of the first part.
That the amid party of tl,s ■11Vond part binds and obligates himself to install and maintain the encroaching
facility In such oaf• and yyreprr canditton that It will not interfere with or endanger travel upon said highway, nut
obstruct nor interfere with the proper malnt•nsnce thereof, to relml,urse the party of the first Part Jar the cant
lneurrad for any ra patwo nr mtintanar,ce to its roadwaya and atructurop nenmemary dus to the Snetallatior, And en-
lstenee of the facilities Of the p+rty of the :wand p rt, and if of any time the party of the first part shall
,squire the removal of or elcangom in the loemtlon o! the •aid facllltles tkaL She said party of the second part
binds hlmmelf, his successors and assigns, to promptly remove or alter tea cold facillLlea, In order to conform
to the maid requlramant, without any cost to the party of the first part_
That the party of the ■eaond port agrees to provide during conotrur,tloo and any subsequent mslntanarnfto prcpe■
sign• aigr-al lights, fleovon and other w4rninq dov/e.r for the protoclso" of traffic in conformance with the %elect
anuai on UnI,tur(��(L t Contrgj Dayir,ya fat S set■ � IL hMoth
Mo and Amendment■ of Supplements thereto. lnfor-
meF on as o the v ru s■ and r�azions sup oiifa na (rum tha DivimLon Ehginaer of the party of the firer
peat.
The? the party of ti,e aeconrl part hereby agrees to indemnify and move harmleea the party of the first part
from all d,tmog.a and alalm■ for cLamega that lay •ties by reason of the Lnatsllation and maintenance. of this en-
croacltment .
That the party of the second part agresa to restore all erase dlaturb.d during Installation and ealntenanc•
to tho aatimfoction of the blot■;on Enginser of the party of the first part:. The party of the ascend part a Feu
to atlercism every reaoonahls pro,:•utLan during construction and Maintenance to prevan% erodinq of Boll; lifting or
pollwtLon of rivers, streams, lakes ramervoira, other water impv%ndm•nle. ground surfaces er other yroycrtyj or
ppeellUtt•fn of the air. 'l7io r� shell ao*pli•nas with 4rpll,rsblo rulsa and siulatlons of the North Ctrr,l ins
IllrLlon of Environmonf;il Wawywnent North Carolina tiedimontetior, r'r,ntrul L'e,yvele�rlon, %nd with ordlnonror and
requl4tione el vatlou■ cow,tlma, muni.�tpn77t1sr and r,ther official venr,toa relating to f..ullutLen prevvnl.c.n 4n-1
eorttrel. IYMn any lnrtallatian or maintsnan,:• eperaticn dl.turb■ the ground surface and the m*imtlnQ ground cover,
the party of the ascend �+art agrnam to remove and replace the mad or wtherwine +•establish the gross cover to pest
the aettolgctton o! the lavLeton rnQlnnsr of the party of the Brat pelt.
'fiat the party el ti,a marond part agr.oao to assume, lhr, act6• 1 cc.et of any Inmrectlon of the woe} Canmiat•re0 to
be naces•ery by ti.., Uiviaion Engineer of the party of the Pivot part.
That the party of the second part *?room to have available at the construction ■Ste, at all times during cen-
Nruetivn, a copy of thin agreement showinq •vidahcm of approval by the prrty of the It rot part_ Th• party of the
!lest µ re, .ri mervem the right to atop all work unless evidence of approval can be chore.
provided tho work r.ow,t,olnad In tl,im bgreamont 1a bainq performed on a comp]•terd highway apse to ttaf(1c; the
party of tl.e secona part u7r6am to Skive written notic• to the Division Englnret of rho party of the firat part
than 411 work contained horotn hne been eaa.a skad. Unless af•eelficelly raquestad f.y the party of the !fret part,
written iwtive of completion of warlt on highway prolsotr under Construction will not be rsquleed.
That in the cams of noncompliance with the torms of thin e,greement by the party r,f the neat'd tart, the party
OP the first port leaervrs the rlgl,l to atop all work unill the t
fac111ty has een brought Leto com'.plldnc• or la-
mmed from the right of way at na coat to the party of the first port.
T1wl It Lu .,tine.: ;./ L„U. 1,•.ttlra U-t this agraenent ■hm)'s loorpfA. va.cl If wctual Cc hetPUCtiout of I)— wnrk
aorllUMP14 te.t 1,rt0t11 is mar r,.q%,h Litntn one ILI year tram ins data or auThorLfatten try the party or the First part
unlosm written waiver in c.rcurod t,y the party of the second part from the party of the first part.
ourir,ry the perforanno• ul this cantrect the rae:and party, for ltaslf. its asmianeee and successors in inforoft
(hsr.Lnoftre rnfarrrl t„ ne th -cgnt►e I T!S. agree■ a 1o11e.wa:
A. Co nl,l ions a. Yith 1•q ul ne= Th. agntrnCtar ■ht,ll comply with tf+• R.rrtl attona relative to nondiacrlmtn-
q St.n sn ere y.,,,,s a % pregruv.s of the U, .`;. Department of Transpnrtatioh, Title 49' Code of hvd.rr&I
Rog.tlatiohs, fart 21, as tttey mnv Iw vashRvJ from tfa. to O ma, (hereinirter roterred to do the 1rcqula-
tloon), which afe heroin incoiporatsa I,y rofarant,,o and m.rd• ■ port of thin contrUct.
FORM R/W 16.1 (Rev. July I, 1977)

09/27/1996 15:01 7046946261 CROWN TITLE PAGE 03
•
:T. Ipndiaanisindttipnt 7'ha contractor, rlth loQard to the work
tractor■naincludingq4 on p procurdatmant■ race,
Illcolor
lelcranation:1eorigin inthe,selectiontend
retentionnoof •hell not
pate elt�tar plraetly or "directly In the giaeriminetlon prohibited by 3ectian contractor
of shall
$ r�ti.
ineluglnq amp"'naont partlel-
practica■ when the contract covers. A progircm not forth in lhayandl: @ of ... ��jetlona.
ea _ $ ontracts_ tnel...dl..
.-. .1..sng or neQot a on Ise a a In all ■alieltatlon■
aontraet, ins udirtp procuroaaht■ of eeearlala or lraseaee`on rdc or or -ark a a` Wrtoreted super a ■uy-
auppllar shell be Aotlflad by the eahgrat:tor p/ the eantraetorjsmpbllgnt a141nh-tanitralhlubco., etpandrthw
ltpul4tlon■ reletiva to nendisorimins,ion on the greuttde of race,
color, en national .6 : n.
-rat*.
Tn. rnn[•acter small prnviae all Inrn rma t;On ■nr rnoertt rsnui•cd br the eegrlaclens, or 1;..cll.ct
mot, e. deternlnrl ego, And troll p•ra.lt ■esmsa tv ie. eenrs, reeoraa, .c eounet, ath.r sow rc of ar lnro.r.etlon, and its feelilti.t
at Y the Ile; ni taint of Trar%pnrtatirw ar t/.. r.....1 wl
with such Of re ftlens ar Oireetiras, Yhsre •nY inrvrma[:an ra dhwy ad-In;a;rae�en {o be ssr[Inrwl tv **certain co+yllanar
she relit ■r refuse [n furni}h thla In Va r.+aIlan, a..iraa v/ • contrecr 4r it ;n the a.clrs ire ma.sass; on e/ ono{nor
h lghraY adminlsSrscian •s • tn• sent Netar troll !O earl lfr to Cho b.Partawa.t of tran-Pvrratlon, er the r.v er•I
Apra;.. leis, an*
-hall Set firth rho[ efforts It hat .rsdr ra oLte;n the s.,furm�elon,
• ne I n far N■n4eaPliana.: fr 1ne er■nt of the contractor'/ nonce"•mli
fr:piut nos .,, limp ance rlth enq nnn.ii-c r:minallen prnrif lens of ch:t cwn{root
1 ■ sprrtaant a Tra nspor a eitw 1na11 Impose aveh cant -act sanction- ■e It or the ruderol lliohrny adm;nl%trgtton a•y dS re r,..InS le
b■ aaprlaL■. Incrdlnq, I.tv,
( } wlthholdlns or payou t■ 10 she contractor undrf the eantr.et until the tnnlrnc {nr C"piles, and/or
Ir) eena■klaeien, L.rn;..tion nr suapent;tin Of U.w eenlraet, In �I,nlr nr In vsrr.
In�o�r�a►atlen oC-prey itEana: Tn■ eantreCtor shall include the provisianl of par.grapas "a" ...rough -Y" In •.err tut.contraca.
n7 slaO(ep preaur s,�inef einwtvrlal■ an4 I.asas of aEulpr•rnt, unlel- asoMpt +tY the Rtq.+la ti..-, or dlreet;r st irtued pur►'u.ne
theIola. The aOntrattor •mall lake Wen ae tlOn rirn ra.racl la bnY,-ubignteoct or orfovremenl as the Dapartmant of Tram%bortbtion
or the Ia/4ral highway Adminittrallon may direct as a means of anforifng such prov;tians 7Aelvdlnq asnet;ewt for nanea.etlawed:
Irovld•d, herorer, that, In the event ■ eentrsclae becanms Involved In, or It Ihraatenad wltn, IitlgatiOn wi1M1 ■-ubeensreero+ nr
-uPPllu ae • reseals of wan 4lrreti on, Ln■ eon raster MAY faau.st th. Pepartm.nt,e/ Tra nsportatlpn to enter Into suM 11lipatlen to
Pre Net lho Intera&ts of eh. state, ana, In addltioe, the eahtr•gtor may raa.est th. bnit.d hates to .hear Into web litigation
to protect trim Iht.rostl Of the United %,.Los. ,.
IN WITNESS WHERDOF, each at the parties to this agreement has caused the same to
be executed in the day and year ftrat above written.
ATTEST OR WITNESS:
•
DEPARTMENT OF TRANSPORTATION
DIVTSTON ENGINEER
Second Party.
I It ST\uLT I[III S
Who" the appllvint It a COrPeratlah or a alrhldlpallty, this agreement must hors the corporate sea; sad be attested by the
aOrpOra LlOn eaere[!rT or by the empwarei city erflalal, unless a ..a i�ar war Corporate ■aa1 and sttoetstlon by the secretary
or ►T the ■' C.■rad Clta elf let■1 1s en Ills In ha 4elsigh oIlls• of the Kbnager or Right of War. In the -Pas• •rer Ned to
this egr.aae nt rer easeutlnn, tM nb.r of the earpoesllon or munlglpality Shall be typed above the name and title of all
parleas ►ipning the agraewsnt should ba typed dif.dlly bola. their slanaturo,
This Mosmanc ■drat be pecompmnled. In she form of an attaehwant, by plans Or drowings shoring the fallo.1.1 applleablo
l nfera.tlan;
1. All roadrave and rrepa
1. 41ght of way Ilene and shore saplleabls, the oonlral of act■sS Imes
3. LoealtOK of Cho an Ntino and/or proposed enerOaahs.ent
11. Length, sire and type of eneresshmant
S. Pinched o/ InStalla&lnn
a. nl..nsleas 16newinp ohs dlstana■ from She encroachment to edge of Pavement. should.fs, Structures, ate.
7• Laos, Ion by highway survey station number. If station nun.ber cannot be obtaload, location should b. thorn by dis-
dlstarig■ free Soma Idantlflable Point, such as a brldq., road, Inters •titan, etc. (TC a&sl •t In evade ration O/ It
enarosahlient sign, the bsoortment's roadway plant may be seen at the rarlvus Nlghray Olrlslon Offfe■e, or ■1 tM
U I■Igh afflCe.)
8. nr•lnap• etructur■a or bridges If affeatd by anereachnent (thou r.rl lcal and twrlton[sl dlm.m Iona from ■neromeh-
a.ent to nearest oars or atroatrr.)
�. Kslhod er dttachaeal [e dra lne9■ struClw ■e or br.dqu .
10. Kanhola d■slgn
11. On undafgrouna utlllties. tn. depth of bury undo■ all troweled lamas, lhouldars, dlt CheS, llde.ralbs, ate.
it. Length, alas and type a/ enea&■sant rhara r■euirad,
13• On underground croseinge, notatFon as to method of crossing - oarinq and Jacking, apes cut, at%.
14. La a ran of rents
11[w14AL 094ualKlKTS
I, Any acLaehhent to • bridge or other drminaga structure must be approved by the Mead or Slrustvro Petign In saielph
or ter to aubal■sion pf enarC6[haent agreement to the Division (wqi wa.r.
1. Ail arobaingS %horid ba as parr of possible normal to the c■nterl1.* of she hlghrey,
1. Kim, ym varllcml clearances of a.rrhaad .Ir.% and cables above all rold.•YS .oust cOrfOfa to clearbneae Set Cut In
the Mettone$ tlactrla Saraty code.
b, an�as■ment% shall extend fro.i pith line to ditch Sloe In cut sectlon- o..• 5' 60VOnd Loa Of %lava& In fill lectlans.
;. All u■rts should ba ex Nod d to the right of ray tin■ or a$ otherrl■a required by the O•Partatnt.
L. III slPa d.eae ■tssmle ■e to e.aterlbl and ■tranpth Shall meet the standards snd 1p■elflcalloAs or the erppetrMnL.
7. dnY aPael al proriel on, Or s9aelfleall... as le Me ParTareenes of the .er4 Pr the n.thad of eonstr.rttlen that air
b• required bT SIN a■vart...bnt oust be
shown an a aeparata %heat m u se#•• to awmro.shment agreement Provided treat
tech Informallon cannot ►a shown at p Nos or arawinga.
d. The nep•r lewnt'r Olrl -ion [nee hoar should be III— notice by the asnliesnt Prior to aetrSt sldrtln■ of Iwslallellen
Included in this apr6enrnt. '

09/27/1996 15:01 7046946261 CROWN TITLE PAGE 04
• rl
James E. wall, Jr.
Route 1, Box 109
Morven, NC
September 27, 1996
Ed Buchan
Division of Environmental Management
State of North Carolina Department of
Environment, Health and Natural Resources
Fayetteville Regional Office
Dear Mr. Buchan,
I contacted Vilma Marra with NRCS of Richmond County. She will
come to inspect the work that I have done on October 9, 1996 and
help install permanent markers 'in the lagoons.
I will have all of the work completed in the waste Treat Lagoons
Repair Plan by October 15.
I am not sure how long it will take NRCS to certify the farm.
Attached is a copy of the easement to cross the State Roads with
the waste lines.
Sinc ely,
es E. Nall, Jr.

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`
October 8, 1996.
MS DEAN COLEY
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
RE: Civil Penalty Assessments Against Various Assessed Entities
Dear Ms. Coley:
OCT Zu wy
Would you please search your records and determine if any of the individuals and/or
entities listed below have piled a Petition for a Contested Case Hearing on or before the applicable
specified date?
Facility Name County Our Case # Date
James Wall Farm"- Richmond DD 96-01. October 2, 1996
If no petitions were filed by the specified date, please ask Judge Mann to execute the
attached certifications and return them to my attention at the address below:
Robert L. Sledge
-Water Quality Section Compliance Group - _ -
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Thank you for your cooperation in this matter. If you have any questions, please feel free
to contact me at 733-5083, extension 233.
Sincerely,
Robert L. Sledge, Supervisor _
Compliance Group -
attachments
cc: Enforcement File
ayetteville Regional�0ffice t
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 -
ti

I
y Division a ��;, onrnedtar Mastsgement 7? l
Animal Feedlot Operations Site Visitation Record
Date:AILL&
General InfQrmatlog,
•
Farm Name: LA ' Ga r ow. , � - Cotmtr-I
Owner Name: S 5 IQ _.Q ...._ Phone No: m-S�) 2.3
On Site Representative: - —Integrator:_,
Mailing Address: Q 890
Lie r ibeT� � ,3_.
Physical Address/Location: oSJ „ �2z ry n _ r%� r. i'a s W } „
Latitude: ___! / Lan 'tvde•
Operation Description: (based on design cbaracterisdes)
Type of Swine No. of Animals 7jpe of Poultry No. of Ansmds Type of Came No. of AAimals
O Sow O Ltyer O Dairy
O Nm y O Non-Lyer 0 Beef
O Feeder
other7ive ofLivrnock t'n t s kLyY r, Nwnber of Animals: 3380
Number of Lagoons:9—(inclu" the Drawings and Observations the freeboard of each lagoon)
acillij Imspecdg":
Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?:
Is seepage observed from the lagoon?:
Is erosion observed?:
Is any discharge observed?
Q Maa,madr ❑ Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?:
( Ua the crops which owed improvement)
Crop type; '7 Acreage" '7 o Ker
Setback cHkr& '
U a dwelling located within 2DO feet of waste application?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream?
'Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream?
AOI — January 17J998
Yesi,
No ❑
Yes D
No x
Yes ❑
No 1W
Yes 0
No`,
2
Ym
7
s
Yes 0
-No?W.
Yes ❑
,No 2V
Yes ❑
Nop:2
Yes 0
No ®'

7
Does the facility maintenance need improvement?
Is there evidence of past discharge from any part of the operation?
Does record keeping need improvement?
Did the facility fail to have a copy of the Animal Waste Management Plan on site?
Explain any Yes answers: (1yoe.r •1pan Fre.e,6QvA_
L
Yes 0
No
Yes ❑
No 0
Yes ❑
No O
Yes O
No ❑
Signature: ._. �� _ - _ Date.
cc • F=ffity Asusmeriu Unit Use Anadwnenkt YNeedtd
Drawings or e
Sr u /lr e r
wli
�.�f{Ii 'j.J :••:�a - - .,. nn�ynl..�w►. �y •tn +�+...l L' Ai.e,�.�!►I�r•MrfA.�Rt 4.�..rw �1.:.
4* ct, • �4 . nr�•.�..•+�: nii•' -.1-r •r •�. ���;d I y:1 w:.I
AOI — January 17,19%

op 10/17/96
`4
r.
10:32 RECD—USDA ROCKINGHAM NC -+ 19104860707
r'
United States Natural Resources 125 S. Hancock St. Dox so -
Department of Conservation Rockingham, NC 2037.9
Agriculture Service 310--337-•02!44
October 17, 193C
To: Ed Buchan
DEM■ Water -Quality
From: Vilma M. Marra
Di.strict Conservationist
Subject: James Walt lagoon status In reference to certification
As requested on October 15, the following are same of the steps that
James Wall have taken toward his lagoon certification:
1. He was provided a lagoon repair plan by Jerry pate, Civil Cngineer
Technician from Area Of f i oe, .Sal .i sbury. 1-le attempted to build a
diversion. He didn't followed the design.
I offer-ed to help him while building diversions. An appointment
was made on October 9th and October 15th. He saucelled'in both cases
x clue to unavailability of contractor. We arranged for him to call me
two days prior of construction so I or- anyone from office can help 'him.
,s
2. He indicated he out trees from Dam.
S. I prepared a waste utilization plan for his swine operation.
4. He has an Irrigation design by GI:A--MAC Distributing company. Wendy
Rudd submitted to me on October 16 for approval. I reviewed it and
forwarded to Jerry rate for approval on October 17, 1006. James Wall
is being leasing equipment for irrigation.
J
5. He obtained a permit from DOT to put a steel case pipe under -the
state road to make the irrigation system accessible to the'lease land.
We has the land available to it-rigate the liquid waste. He needs to
get the pipe installed in the road to be able to maintain the liquid
- waste low enough.
G. He planted 3.5 acres in coastal Dormuda in his land.
7. He did two waste analysis, one per each lagoon, the results show 1.3
lbs NJ1,000 gallons in both lagoons on May 14, 103G.

■
■.
a
■ ■
■
■ ll
r■
10:35 RECD-USDA ROCKINGHAM NC 4 19104860707
S.
B_ He requested from NRCS a permanent marker for the lagoons starting
and stop elevation. I agreed, however, I let him know that the water
line shall be at least two (2) feet from dam.
cc: James Wall
Tom Wetmore
Jerry Pate
Angela Jessup
Wendy Rudd
Richmond SWCD

United States Natural resources :25 S. Hancock St. Dox 2
Department of Conservation Rockingham, NC 28379
Agriculture Service 910-997-8244
April 26, 1996
To: Michael Wicker
Regional Dater Quality Supervisor
N.C. Dept. of Environment
Health , Natural Resources
Suite 714, Wachovia building
Fayetteville, NC 28301
a
From: Vilmy M. Marra, District Conservationist
F911F21VED
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Subject: Update in .fames Wall Waste Management Flan for the Hog Lagoon
This letter is to notify you that I have completed Mr. Walls's Waste
Management Plan (Please see attached copy). He complies with the
necessary land to dispose of the liquid waste. Additional work needs
to be done at the site to be eligible for certification. MRCS will
follow up with Mr. Wall with recommendations, survey and design of
these practices.
Angela Jessup, Jerry Pate, Wendy Rudd and myself will be visiting Mr.
Wall on May 22nd to discuss alternatives.
cc: James Wail
Tom Wetmore
Angela Jessup
Jerry Fate
Wendy Rudd

United States Natural Resources i25 S. Hancock St. Box 2
Department of Conservation Rockingham, NC 28379
Agriculture Service 910-997-8244
April 26, 1996
To: Mr. James Wall
Route i Box 109
Morven, NC 28119
From: Vilma M. Marra
District Conservationist
Enclose copy of the Waste Management Plan for your Swine operation.
Please read carefully the entire document and make sure that you
understand your responsibilities as an operator.
On May 22nd the engineers from NRCS, 'Salisbury, Wendy Rudd and myself
will be visiting your site to discuss conservation practices for the
lagoon site since additional work needs to be done to be eligible for
0200 certification.
Mr. Michael Wicker, from DEM, informed me that they will be visiting
your site after May 22 to verify if you are following the Waste
Management Plan.
If there is something you do not understand this is the time for
questions and not later. Please do not hesitate to call our office.
cc: Michael Wicker
Tom Wetmore
Angela .Jessup
Jerry Pate
Wendy Rudd
Deborah Crandal

WAS7-L U1_ I L_ I ZAT' I ON f�LLAN
Producer: JAMES WALL, JAMES WALL SWINE FARM
Mail address: Route 1, Box 109, Morven, NC .28119
Location: Marvin McCaskill Road, Ellerbe NC
Telephone: [phone] (Bus)
Type Operation and Number of Animals :
Finishing' only (Feeder- to Finish)— 1440
j1 Sows (Farrow to Feeder)-- 250
?� (Design Capacity)
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface and/or groundwater.
The plant nutrients in the animal waste should be used to reduce
the amount of commercial fertilizer required for the crops in the
fields where the waste is to be applied. This waste utilization
plan uses nitrogen as the limiting nutrient. Waste should be
analyzed before each application cycle. Annual soil tests are
strongly encouraged so that all plant nutrients can be balanced for
realistic yields of the crop to be grown.
Several factors are important in implementing your waste
utilization plan in order to maximize the fertilizer value of the
waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be
grown and the nutrient content of the waste. Do not apply more
nitrogen than the crop can utilize. Soil types are important as
they have different infiltration rates, leaching potentials', cation
exchange capacities, and available water holding capacities..
Normally waste shall not be applied to land eroding at greater than
5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per acre per year. Do not
apply waste on saturated soils, when it is raining, or when the
surface is frozen. Either of these conditions may result in runoff
to surface waters which is not allowed under DEM regulations. Wind
conditions should also be considered 'to avoid drift and downwind
odor problems. To maximize the value of nutrients for crop
production and to reduce.the potential for pollution, the waste
should.be applied to a growing crop or applied to bare.ground not
more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for -this type of facility. Acreage
requirements should be 16ased on the waste analysis report from your
waste management facility. Attached you will find information on
proper sampling techniques, preparation, and transfer of waste
samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H.0217 adopted by the Environmental
Management Commission.

WAS1-C UT I L_ I ZAT I ON RLLAN
AH04VNT Of MASTE PRODUCED PER YE• ARtga I I o as, f t3, tons, e t c .
1,440 animals X 0.034 Ac.in waste/animal/year = 48.96 Ac.in/year
1,440 animals X 927 Gal waste/animal/year = 1,334,880 Gals/year
250 animals X 0.14 Ac.in waste/animal/year = 35 Ac.in/year
250 animals X 3861 Gal waste/animal/year = 965,250 Gals/year
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
1,440 animals X 2.3 lbs. PAN/animal/year = 3,312 lbs. PAN/Year
(PAN from N.C. Tech. Guide Std. 633)
300 animals X 6.5 tbs. PAN/animal/year = 1,950 tbs. PAN/Year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply. -the waste in a timely
manner.
The following acreage will be needed for waste application based on
the crop to be grown and surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Ac.* Utilized Application
Mimi��
••
Total 3.45 1 9EG
* This N is from animal waste only. If nutrients from other
sources such as commercial fertilizer are applied, they arust be
accounted for. N amat he,.kased on realistic yield expect -a ti on._
NOTE: The applicator is cautioned that P and K may be over applied
mhi l e a►eeti ng the N requirements. Beginning in 1996 the Coastal
Zone Management Act will require farmers in some eastern counties
of North Carolina to have a nutrient management plan that addresses
all nutrients. This plan only addresses Nitrogen.
2

WASI-c U-r 1 L-1 Za1--10r4 F:->L-AN
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
Nreeareat with adjacent landowner must be attached)
(Required only if operator dots not oen
adequate land lire Required Specification 21)
Tract
Field
Soil
Crop
Lbs.
N Acres
Lbs. N
Month of
#
Type
Per
*
Ac.
Utilized
Application
;385
; 2 �
UxC2
;Mli let;
150
; 4.31
� G47
;5-7 ;
1
1
I 2 1
I �.., 1
I i C2
ll x �.r (�
I R,l
! 1� Y G
I �80
I W V-
I
_.— I
, 3/I5
1 a.J "1 �,J
, 0 2 2-51
, 1 1� — � [.. ! (... J _- !
— 3 s
UXC2
: M i I I at
: 150
5_.01
; 842_— -
;_5-7 --- —_;
;^
;
U '
;
so
44
!
4 ;
AcC
;Millet:
150
;12.70
;1905
;5-7
4
AcC
1
; 0
0— 2 —5
5 l
AcC
;Millet;
150
4.78
717
;5-7 ;
1 'n'^•
I
1 C
I
A-
1 1
4
1
1
4 rr
I l 1
1
I
I
4 1
1
I 1
I
I
I
1
1 1
1
1
I 1
I 1
I
!
I
1
I
I
1
1
I 1
1 1
Total
'27.4
;6283
* See footnote for Table 1.
Tota 1 s rr'Uiil dbvliE aLd es
Acres Lbs. N
U 6 1 i Zed
Table 1
Tab l a 2 27.4
Total ; 30.05 G973 ;
Amount of, N Produced 5262 ;
Su.rp I us o r .Deficit ; 1711 ;
(Sufficient i and was prov i ded)

WAO~f-L U-I I L 1 ZA-1- 1 ON 1='L_AN
NOTE: The blaste Utilization Plan must contain provisions for
periodic land application of sludge at agronomic rates_ The sludge
will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements.
See attached crap showing the fields to he used for the u ti l i za ti oee
of waste water.
Application of Waste by Irrigation
TRACT
1 Soil Type
Crop
Application
Application:
FIELD
I
1
:
1
Rate(In/Hr)
: Amount(In.):
f 1
1 __ _
:385-2_-1
I
1
_---LJxC24-_--:
1
: _ _ _ _ _ _ _ _ 1
Mi I I et/Tob:
,
,-_��_.-_...-____.---
, 1
__.----__....
-1.60
f 1
1
:335-3--
1
1 — —
:-
1
_ — -.- -
UxE02-
- '
:Millet/Tob:
1 I
- - - - - - - - -
.40-
- ` - - - - - - - '
:- 1.60
I I
' --
:3t35--4
1
--
:
----
-AcC
-'
-:lrl i ; 1 etlTav:
1 ,
----------
.60-
------�--'
T: �1 .20- :
I I
1
I-'--AGG_-_-_-
I
_ _ _
I _ _ _ _ _ _ I
1 Ili i l: a t/Tof :----11
I
-----------
1 _ I
_..-.-------- 1
1 I
: C51-1--:
I
1
I
----acc_
1
-------------
1
1
_ _----^-:
1 _ _ _ _ _ _ _ _ 1
Co a5ia l -I-1 :
i 1
`----------'-----_----
1 I
I
_ _
-,� ____..._..._.-.__
---.--
I I
I _.___I� ___-_____ e
I i
1 1
I 1
, 1
1 1
1 I I 1 I I
1 1
I _ 1 _ _ _ _ 1 _ _ 4 IS _ _ _ _ _ _ _ 1
THIS TABLE NDT NEEDED IF WASTE I5 NOT BEING APPLIED BY IRRIGATION, HGAIEVER A SIIM-1 AR TABLE WILL BE NEEDED FOR
DRY LITTER OR SLURRY,
Your facility is designed for 100 days of temporary storage and
the temporary storage must be removed on the average of once every
--- 6---- MONTHS. In no instance should the volume of waste being
stored in your structure exceed Elevation ............
Cal 1 the l oca l {Natural Resources Conservation Service (forsrerly Soil
CoeservatioeServia) or Soi I and Water Conservation District office after
you receive the waste analysis report for assistance in determining
the amount per acre to apply and the proper application rate prior
to applying the waste.
4

W^t3;_1_L U_1_ 1 L. 1 :GA-f- 1 UN f='LAN
The slopes at.the field are less than the soil serie call for in
soil map. Two acres will be eliminated from the total of 30.85
acres to count for distance between ditches, streams, ponds and
other surface waters. Owner of property will be converging all
fields to coastal bermuda and fescue through a contract with the MC
Ag--cost share program. Additional work needs to be stone at the
site to be eligible for certification. NRCS will follow up with
Mr. Wall with recommendations, survey and design of these
practices.
L1L4?w,, LD JI,,Lczr cALl o/vJ
1. Animal waste shall not reach surface waters of the state
by runoff, drift, manmade conveyances, direct application,
or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is
prohibited. Illegal discharges are subject to the
assessment of civil penalties of $10,000 per day by the
Division of Environmental Management for every day the
discharge continues.
2. The Field Office must have documentation in the design
folder- that the producer either owns or has long term
access to adequate land on which to properly apply the
waste. If the producer does not own adequate land to
properly dispose of waste, he shall provide NRCO with a
copy of a written agreement (sample enclosed) with a
landowner who is within a reasonable proximity, allowing
him/her- the use of the land for waste application for -the
life expectancy of the production facility. It is the
responsibility of the owner of the facility to secure an
update of the Waste Utilization Plan when there is a
change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed,
the Nitrogen needs for realistic crop yields based on soil
type, available moistures, historical data, climates
candiLions, and level of management, unless there are
regulations that restrict the rate of application for -
other nutrients_

lW A -f G U "'I" 1 I_-_ 1' Z A" I- 10 N 17' L A N
,R-rfwtuRl:D S!'-rczriCATIONS
(cant; iaied)
4. Animal waste may be applied to land that has a Resource
Management System (RMS) or an Alternative Conservation
System (ACS). If an AC; is used the soil loss shall be no
greater tha 10 tons, per acre per year and appropriate
filter strips will be used where runoff leaves the field.
These filter strips will be in addition to "Buffers"
required by DEM. CSee FOTG Standard 393 - Filter Strips
and Standard 330 (Interim) - Riparian Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking
after waste application. Waste should not be applied when
the wind is blowing.
G. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally
tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided
the application does not occur during a season prone to
flooding. (See "flea then and Climate in North Carolina" in
the Technical Reference - Environment file for guidance.)
7. Liquid waste shall be applied at rates not to exceed the
soil infiltration rate such that runoff does not occur
offsite or to surface waters and in a method which does
not cause drift from the site during application. No
ponding should occur in order to control conditions
conducive to odor or flies and provide uniformity of
application.
S. Animal waste shall not be applied to saturated soils,
during rainfall events, or when the surface is frozen.
J. Animal waste shall be applied on actively growing crops
in such a mariner' that no more than 20 to 25 percent of the
leaf area is covered.
10. Waste nutrients shall not be applied in fall or winter
for spring planted crops on soils with a high potential
for leaching. Waste nutrient loading rates on these soils
should be held to a minimum and a suitable winter cover
crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of the
crop on bare soil.
11. Animal waste shall not be applied closer than 25 feet to
surface water. This distance may be reduced for waters
that are not perennial provided adequate vegetative filter
strips are present. (See Standard 303 -•• Filter Strips)
C

WA r`rL U`1- 1 L 1 : ^A_ I ON (='L-AN
REPUIRED SPECIFICATIONS
(continued)
12. Animal waste shall not be applied closer than 100 feet to
wel Is. '
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other
property and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways or wetlands by a discharge or by over
spraying. Animal waste may be applied to prior converted
wetlands provided they have been approved as a land
application site by a "technical specialist". Animal
waste should not be applied on grassed waterways that
discharge directly into water courses, and only then at
agronomic rates provided the application causes no runoff
or drift from the site.
1G. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged
into the animal waste management system.
17. Lagoons and other uncovered waste containment structures
must maintain a maximum operating level to provide
adequate storage for a 25-year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
119. A protective cover of. appropriate vegetation will be
established on all disturbed areas (lagoon embankments,
berms, pipe runs, etc.). If needed, special vegetation
shall be provided for these areas and shall be fenced, as
necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc. are limited
to areas where considered appropriate. Lagoon areas
should be kept mowed and accessible. Lagoon berms and
structures should be inspected regularly for evidence of
erosion, leakage, or discharge.
19. If animal production at the facility is to be suspended
or terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and
erosion.

WA!�;-TL. U`F I L_ 1 LAI- I CJN IPLAI13
20. Waste handling structures, piping, pumps, reels, etc.,
should be inspected on a regular basis to prevent
breakdowns, leaks, and spills. A regular maintenance
checklist should be kept on site.
8

W A !E3 -IF IL: U` 1- 1 IL 1 E A ..1_ 10 N 1 01.- A N
Name of farm: �%al!�anM___
Omaer.lMaaager Agreceent
I (we) understand and will follow and implement the specification
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. 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 Environment Management (DEM) before the new animals are
stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface wasters of the state from
a storm event less severe than the 25•--year' 24-hour storm. The
approved plan will be filed on --site at the farm office and at the
office of the local Soil and Water Conservation District and will
be available for review by DEM upon request.
Name of Facility Owner: -Ine's �__W a ! 1 �-+7/`'-------
(Pleise prrrrtl
Signature: _ 6%f�� --- Date: 4 _
---------
Name of Mana er(If different from owner)
Signature: ___ Date:
Name of Tech n i ca I Spec i a I is t:(Rfease
prrr,tJ_ ✓ 11/►7�__M._CYr
Affiliation: _ a(:5_- USbA
Address (Agency) . _-NC�7u1zAL/2�sal(Rr S Cun5�2�An�?a?ServitC__
1 ?- 5-- Si- AA-D-C-Parz 5-----------
---------------
Signature: � �/U1s...-------- Date: _'°i�
9

L ION PEA
ANIMAL WA9TE_91I111ZATIQN AGREEMEN_l'
(&mead •alr AS addWoaal lrad *am e• as based, *to.)
•f -s�
I, hereby give �)Q=Aeo
permzas''a to apply nimal waste from i Waste Uti ization System
on _ I acres of my land for the duration of time shown below.
I understand that this waste contains nitrogen, phosphorous,
potassium,"and other trace elements and when properly applied
should not harm my land or crops. I also understand that the use
of waste will reduce my need for commercial fertilizer.
f
Ad f acbaL Lindowner:
Waste Producer: Date:
Technical Representative: Date:
SWCD Representative: Date:
Tema of Agreement: ,19 to h 20 0
(MLAL M of Tan rears an -CO ab shared It&")
(See Required Specificatlaa Ira. 2.)
9

WA s'T"L U-I- I L- I Z^I- ION I�L.AIni
ANIMAL WASTE UTILIZATION AGRCCMCNT
(Needed only if additional lead his to be leased, etc.)
I, ---------------------- hereby give —_
--------- ------------------
permission to apply animal waste from his Waste Utilization System
on ------- acres of my land for the duration of time shown below.
I understand that this waste contains nitrogen, phosphorous,
potassium, and other trace elements and when properly applied
should not harm my land or crops. I also understand that the use
of waste will reduce my need for commercial fertilizer.
Adjacent Landowner: -------------------------------- Date: -_---___---
Waste Producer:
Date:j-_________
Technical Representative :�rr�a-
__--
R.v_t �-! -
--Date:_�/9_
1`r
SWCD Representative: --------------
----------_--Date:
Term of Agreement: --___ ______ __ 19__ to ---------------- 20--
M aimum of Ten Yeirs on Cost Shared Items)
(See Required Speci(icatioa No. 2.)
(:See -�rCVJ ou6 PAse,
10

VL
4L
ptj- Flo
016 .5
'At
7w,
Location: Marvvin McCaski
SR 1314, Ellerbe, NC
A .4.
?
M
Z-, 7 S:
C
, kl�
1 4
lo
tr its

i�;
r4
- :i

:Nat"
�w
FF jj
9141A e". 11P X,
vF
IXAV
V., e:j
. LAC �4 IV I,
U'. 0Z
'Vi
iA
10
Oil&
J.j4
i, mil,
*TP _t
P911 7-
A'4
tr
T:e "{"T4­7
I 'v,x ' i-- . - ,
01"
A'P
U 4�
d IN,
mli
571
77%
If ­e.' Yr"' I
"".k' ZY
cut,
i i —lu—
. 1-1 �' i Ii 9=1,111.i h

�' J :: X °'r f IIIfJ t •� J ` ° s �. /'k h0 f Iv— f
' t � f i �� - .y� V 1�r� _ i. �? �•I rr',��.�Jl(J'; � e�� C��' '7 J �' 1 ��
((" 05
If
SM
403
�1`I `• ��' Q'• � �51/�� II14� r'\� � i ^' � In��.. i,� � � r � ��..r v�"' h.
r•�;� � i i
�1 ? l\ ,may •� �- I, ��_ ., 1 /� `� ' 3 =
/� - -, I.. 4�=,_.1 � . �T aa�'@�ro c+ta r��� � �S�J - r�. .�•i��lli }" � I � Vi ��-. �` v\ �
r � _- ' �I �`�' ate- � -:.�.` 4sy � '�'�',• "\� 6 ypp'�. 4 __ __..
y
_._. TOPO MAP _ Ellerbe
James Wall
Scale- ill - 2,000'
T-651 and T-385 _ , �'�: , t.Ml[IAT PP
/ �� ` CFI:1� MuUJ�i }��p$RKII�-„_. -, '.s,� � I ' ,•.� .. ,�l' I'` �. j'^�� -;'1.

Bw=dagrM, d4
-
..
..
..
.
..
.
HVW 200 N 40...............a..
..
..
.
..
..
sahl"Ma
..................................
.
. w w
200 N 40
..►
..
..
..
..
...
.......
...
..
r ......
. .
. ,
. r
.
r r.
...
--
.a.
.
. •.
/y�
20
•
- -
r a .
..
.......
.
. .
. •
so...........
• •
...........
• . .
.
• . ,
.
.
200 N 40
-
..
..
.•
..
.
..
..000.00
....................
.,.
...
SWkW1. ed
-
..
..
..
......
.............
=.eedaa�a eo
..
.......
...
..
..
..
r a r
- .
- .
..
..
a .
. ■
Sorghum -Sudan/
.
..
..
........r.
..
...
Pam MMd 40
-
. _
..
..
..
..............
150 N
..
..
..
..
...
..
...
..
-
...
-
Swttohpna do
..
...
..
...
......
120 N 46
..
.......
..
..
..
...
..
..
..
..,
--
--
..
...
..-
...
-
Rye S so_
..
..
.....
Bdrmudagrm
..
...
900 N 20
..
.
moo..
..
..
..
...
Annuv Ryograa
. •
. •
.
..
• . -
. •
.
•
. . .
.
. .
. . ..
. .
.
. -
300 N eo
..
.
..
..
..
..
Jain trio Uw Apr May Jan JAI AM SR Oct M W Duo
Figure 1
Relative growth rates for forage sops Obs/acre/day)
5-5.1

Brmudawm, eo
-
.,.
.............
..
.
Nybi 200 N
...
.._
•-
..
..
..
.
.....................
...
Bahfgmn so
-
..
..................
..
..
200 N 4o
..
......
f
. J_/
........
01 so
• .
......................
. . .
I
40
...
. .
. •
. .
. .
_ •
. . r
• .
. .
. -
. .
. •
..
Fmddgn
f
.-
.•
.•
.-
-.•
200 N 40
...
.......
..
. .
..
..
...
..
..
...
...
ewhxm so
..
..
..
......
..
..
40
...
. .
• .
. •
♦ .
w . .
•
.. •
. - .
go­f
►
r r
..
• .
. •
.
...
Sorghum -Sudan/ go
.
..
..
..
..
..
...
Pam Mmd 40
- .
..
..
. ....
..
..
..
....
150 N �p
..
..
.._...
...
..
...
.. .
Swltchgma
..
..
...
..
..
120 N �..............._
........
...
-
-
!0
_..
..
..
...
..
........
..
..
RyeB W
-
--
..............
BWmudagrM 40
•
....
..
..
900 N so
..
..
..
..
..
Annual Ryogrm a
..
...
.
- -
- -
-
B Bwmudagn . 0
r
_
..
..
..
...
300 N 20
.......
..
..
..
..
Jm Fib Mar Apr May Jun Ju! Aug Bap ..0d Nor Dao
Figure 1
Relative growth rates for forage crops Pbs/acrejdaul
rr5.1 "

TO: Bob Sledge, Compliance Group-DEM
FROM: Ed Buchan, Fayetteville Regional Office-DEM
DATE: 3/6/96
RE: Additional enforcement action against Mr. James Wall
The purpose of this correspondence is to document a second discharge incident that occurred on
2/21/96 at the James E. Wall Swine Farm. The discharge was reported by a citizen's complaint
and was suhse4uently witnessed by Wendy Rudd of the Richmond County NRCS Office and
DEM regional staff members Ed Buchan and Paul Rawls. In summary, the discharge event was
very similar to the previous discharge in that the -lower lagoon overtopped at the emergency
spillway and the waste drained into a unnamed tributary of Little Mountain Creek. Again, the
flow of waste was visually traced by DEM staff members from the discharge point to the
confluence point at the Unnamed Tributary. Samples were also obtained at the same locations
as before except no sample was taken from the upper lagoon as only a light flow of waste was
seeping through the sandy berm which was recently installed to prevent further discharges from
the upper lagoon. - It should also be noted that waste was nearly overtopping at two points on
the dam of the lower lagoon which were not observed during the previous discharge event.
Furthermore, the lower lagoon level has been consistently high (freeboard = I" to 3 ") after the
initial discharge incident and very little significant spray application has occurred since that time.
In addition, while pumping equipment has previously been observed present near the lower
lagoon, the actual pump was not present on the date of the second discharge. Mr. Wall has been
warned repeatedly that he should lower his lagoon level immediately and obtain the use of
additional acreage on which he can spray on but has failed to do so at the time of the second
discharge. However, it is the understanding of this office that Mr. Wall is - attempting to gain
permission to spray on adjacent fields in order to lower his lagoon and get his farm certified.
It is also noteworthy that Mr. Wall contacted this office on 2/7/96 in writing and claimed that
"I will resume pumping on the neighboring grain fields of Mr. Carter, this week and continue
to pump until the desired level is reached. This process may take approximately up to two
weeks. " Clearly this was not accomplished in the given time. Please find attached lab results,
incurred investigative costs, photographs and add these to the original enforcement package.
Sincerely,
Ed Buchan
Environmental Engineer I

Cost to the State for Enforcement Procedures:
Photo, film and developing:
$4.00
Mileage: $0.20 per mile for 120 miles:
$24.00
Fecal Coliform, BOD Analysis:
$206.80
Ed Buchan 8 hours @ $17.73/hr
$141.84
Paul Rawls 5 hours @ $20.241hr
$101.20
Michael Wiicker P.E. (Supervisory Review)
1 hour @ $25.93/hr
$25.93
Total = $503.77

MICROBAC ENVIF40NMENTAL LABORATORY, INC.
8 17 Culle, Hqne St., Fayoteville, North Carolina 29303
Phono (91(I) 864-1920 - 1-*ax (910) 864-R774
(mm.m. OILIm
-
ADDRFJS. & 1 6 :214
%4o. L t*A 1. 1%) - c %. - N 1.1 ..
. I .— .--
coNTAcT Prasom — ni- I ��-LctA.
— -
SAMPLE LD. 11. j>V5LUAjj4&C ?T!
2. Cowt-Le-W-C r
to
3. Lie.$i 90W - � 6
W'11t ?"Z
4. (t U) 0
Anal is
Ammonia me N
SOD (mg&)
A4
ChlofWf (MWI) —
..
WOOS (mWQ
COD LfmWL)
, 10
jecal coldorm Wor 100 nil. Z11
Nitrate (mg!)
Nitrate & NitIls(mdLj
20 A Grease JTWL).
pH
Phenol (my&)
Pho h9rus (mi&)
Goilds. Susper4ed.(mgIL
Gouda, TQ�4k!jfngk)
Total Kisidahl Nitrogen (T"
4i"1Zm Apmi
yy
Arsenic (pPM)
B&Aum (ppm)
Cadmium (ppm)
DA'11-'. R)CHIVED: q(0/c,"Jif SAMPLE DAII.-,
W1111-1-ODY: FJ.L,-k!so PICKED up BY: F-2-�
SAMPIAXODr-
R1T1-RJ.Ni:L'
WORK At rn]ORVJ-:1) BY:
/ "O'X L)?(;�
Cyanide (opm)
Iron 12m)
-14—Ad (00m)
Wisnpople (Ppn)
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DEPICTION OF FACILITY AND SAMPLING POINTS
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State of North Carolina
-Department of Environment,
Health and Natural Resources
Fayetteville Reglonal Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 23, 1996
.lames E. Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: NOTICE OF VIOLATION
Continued Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on February
21, 1996. The inspection, prompted by a citizens complaint, revealed an unpermitted discharge
of waste from the lower of two swine waste lagoons. The discharge allowed waste to enter an
Unnamed Tributary to Little Mountain Creek, Class B Waters.
By allowing this discharge to take place without the appropriate permit you are in
violation of at least NC General Statute 143-215.1(a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to advise you, (1) To immediately cease all unpermitted
discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the
future, (3) That a report has already been prepared and forwarded to our Enforcement and .
Wachovia Building, Suite 714, Fayetteville � FAX 91DA86-0707
North Carolina 26301-5043 PUMV C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 , dr 5M recycled/ 10% post -consumer paper

Mr. wall
February 22, 1996
Page 2 of 3
Compliance Group with recommendations for enforcement actions, (4) That recommendations
have already been forwarded to the Director of Environmental Management for the revocation
of the "Deemed Permitted" status of your facility. (5) , That this office is preparing
recommendations for injunctive relief.
Also, you will receive correspondence requiring you to submit an approved and certified
waste management plan in the near future. The plan. will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at (910) 997-82"
to obtain technical guidance in order to receive a certified waste management plan.
During the above inspection regional staff observed that waste in the lower lagoon was
beginning to overtop the containment dam. Overtopping of waste in this manner can lead to
structural failure of the dam resulting in catastrophic impacts to State waters. This is a matter
that cannot be taken lightly and should be addressed immediately. During the inspection Mr. Paul
Smith (identified as your employee) was contacted. Mr. Smith indicated that he had contacted
you at or about 8:30 a.m. on the morning of February 21, 1996, (the date of the inspection).
Mr. Smith indicated that he had informed you the lower lagoon was discharging. Regional staff
informed Mr. Smith that every effort should be made to prevent discharges of waste to surface
waters and that NRCS (Vilma Marra) should be contacted. Also during the inspection irrigation
equipment, absent of the pump was observed. This equipment did not appear to have been
operational on the day of the inspection.
Again, it is strongly stressed that every effort should be made to safeguard the structural
integrity of the lagoon and that waste is not discharged to surface waters. -You may consider
pumping and hauling the waste to adjacent. application sites if necessary. This activity should
be conducted in a manner that will not result in future discharges of waste to the surface waters
and at agronomic rates.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further and continued enforcement actions.
You are asked to respond to this matter, in writing, no later than March 5, 1996. Your
response should detail what actions, if any have, been taken to obtain a certified waste
management plan and to lower the waste level in the lagoons. The response should be forwarded
to the address at the bottom of page one of this letter.

Mr. Wall
February 23, 1996
Page 3 of 3
It is recommended that you immediately contact this office upon receipt of this letter.
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water Quality
Supervisor or myself at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM. Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Ed Buchan, DEM FRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MR. JAMFS WALL
WALL SWINE FARM
ROUTE 1, BOX 109
MORVEN, NC 28119
wak"! 5�}}
February 27, 1996
Subject: Notice of Violation # 96-01
Notice of Intent to Revoke Deemed Permit
Wall Swine Farm
Farm Number 77-M
Richmond County
Dear Mr. Wall:
r' R-A a
PD, 16 1 Ma
MAR . 8M
ENV, MAktAGE LENT
FAYETTEVILLE RmG. 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 30, 1995 and December 4,1995 staff from the Fayetteville regional office
conducted an inspection at your farm. During the inspections, a discharge of swine waste was
observed from the lower of the two waste storage ponds. The discharge was traced to an unnamed
tributary of Little Mountain 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 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
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
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

,,adtr to comply with the above conditions will result in permit revocation and therefore, the
ejsting 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.
Sincenely, ^
i
I
A. Preston Howar� P.E.
ATTACHMENTS
cc: Michael Wicker, P.E., Regional Water Quality Supervisor
Steve Bennett - Regional Coordinator, NC DSWC, Raleigh
Richmond County Soil and Water Conservation District
Chris Walling, NCDSWC, Fayetteville Regional Office
Compliance/Enforcement File

Site Requires Immediate Attention:
Facility No.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE; 1 117- , 1996
Time: z'oo P.M_ ;
Farm Name/Owner. IF. wall]!_
Mailing Address: 1109 Mor-ndN.C. 2
County: P G , y"MI a
.._
Integrator: ReAl �.-4-- _ Phone:, C9 i o) 4 51- - S 9 9 3 ,.
On Site Representative: Phone:
Physical Address/Location: 3 w14e&'rr n auli'n
Type of Operation: Swine Poultry Cattle
Design Capacity: __ 23'30 Number of Animals on Site: 1110 4 4 X*1u vsa Zoba
DEM Certification Number: ACE DEM Certification Numbil. ACNE
Ladtude: ° , " Longitude: ° '�"
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or TP Freeboard: Ft. 3 Inches l..� vx = 3►+c.R.+�
Was any seepage observed from the lagoons ? Yes o NG as any erosion observed? or�
Is adequate land available for spray? Yes o®N Is the cover cro equate? Yes No
Crop(s) being utilized: o
NAIL CLPJA#-
Does the facility meet SCS minimum setback criteria? 200 Feet from DwelliW or No
100 Feet from Wells? 0* or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes ot$
Is animal waste land applied or spray irrigated within 25 Feet of a USGS.Map Blue -Line: Yes of N�
Is animal waste discharged into water of the state by -made ditch, flushing system, or other
similar man-made devices? (�YX or No If, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or t& Nsa,% & r e _ "q ere 4
Additional Comments: Same_ woskt �,�ra__4er was leo,V_ ^a ou, oJ, n imoov
Inspector Name
aAvhrri:Jvlb- a�Ew�s��la����.l Z-. �[�7,�- -��•
ImErTMIM KIWI
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

04/08/96 14:22 RECD-I. 1(7,I)A ROCK I NGHAII NC
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04/08/96 14 : 23 RECn-USDA ROCK I NGHAM N--
902
DATE 41TIME
LAGOON LEVELS:
Upper l.ASoan R(inchem)
LAwor Lagoon-- (ieet� [ (inch")
MAST PUMPING DATE (if known) �v.u:� ��^-tit o� #cp lam r\
FIELD WHERE WAgrh WAS APPLIED (if knwwe orappfile) vW I1" .b ������5 s �)
PREVALLiNG WEATHER CONDITIONS (on the date of ism) .le, U�Y�.w�,S��[ f .._..._..
DISCHARGE (iF WANE WATER: 1►e _ no
WLTNESSG✓���CG�'�:��,,._.r._...�..�1tiC4� �.�
0
! ` ' JJ �_.. is ��lr�•';i1 % rZ i!

DATE (o3
TIME LpoAM
LAGOON LEVELS:
Upper Lagoon
Lower Lagoon
(feet) JQ —{inches)
(feet) _/(inches)
LAST PUMPING DATE (if known)
FIELD WHERE`` WASTE WAS APPLIED (if known or applicable)
_����r�L_
PREVAILING WEATHER CONDITIONS (on the date of inspection)
DISCHARGE OF WASTE WATER: yes no,�
WITNESS
4� t CQ.'V.J ` tnS� C. WctiA-Zrr Chi'vQ.r!if'Oi^ C194 f0 �r040r,--)
I i'% Ipp orn 6500n �- � S"rm'WoAkr. Also wr,5 we ►' i
d-
or., -0--e r-eJw y o4 cv� +ins s c-Ca va g f / C- Z�- e-C A 1 •-c*i
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MICHAEL F. EASLEY
ATTORNEY GENERAL
-MEMORANDUM-
a SWE
Ld
State of North Carolina
Department of .justice
P. O. SOX 629
RALEIGH
2 7602.0629
REPLY TO: David W. Berry
Environmental Division
Tel: [phone]
Fax: [phone]
AYENV. MANAGEMENT
TO: Dennis Ramsey aTTEVILW REG,
Supervisor, DEMM Watteer,,/Quality Section - Operations Branch OFFICE
FROM: David W. Berry & a
Assistant Attorney General
DATE: May 6, 1996
SUBJECT: Request for Injunctive Relief Against James Wall Swine Farm,
Richmond County, DD 96-01
Please note that I was assigned the above matter on April 15, 1996, to seek injunctive relief
against James E. Wall, Jr. for unpermitted animal waste discharges from waste lagoons located upon Mr.
Wall's farm west of Ellerbe, N.C. After discussing the matter with Michael Wicker of the Fayetteville
Regional Office, he recommends that we not file legal action at this time due to improved site conditions
over the past two and a half months.
Since this case was referred for enforcement from the Fayetteville Regional Office, effluent
levels in Mr. Wall's lagoons have been lowered and possess approximately one foot of freeboard; he has
obtained appropriate acreage through lease agreements for land application of the animal waste; he has
obtained proper spray equipment. Currently, Mr. Wall is working with the local NRCS office to obtain
and implement a certified animal waste management plan. On May 22, 1996, Mr. Wall will be meeting
with NRCS personnel and other agencies to determine, what, if any, additional corrective actions will be
needed prior to obtaining a certified plan. After this meeting, the Fayetteville Regional Office will then
inspect Mr. Wall's farm and consult with NRCS. At that time, we will again evaluate whether injunctive
relief is an appropriate course of action.
Please call me at 733-7247 or e-mail to epdberry @north.jus.state.nc.us if you have any
questions.
cc: Michael Wicker, DEM Water Quality Supervisor, FRO
Kathryn Cooper, Special Deputy Attorney General
An Equal Opportunity / Affirmative Action Employer
a

�- State of North Carolina
Department of Environment, LTWA
Health and Natural Resources 4 •
Fayetteville Regional Office ?,A
James B. Hunt, Governor [Dr-=HNF;Z
Jonathan B, Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 11, 1996
James E. Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: Discharge of Animal Waste From Confinement Houses
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on 4/8/96.
The inspection, prompted by a citizens complaint, revealed a significant amount of animal waste
leaking from your two (2) topping floors and subsequently leaving your property. it is the
understanding of this office that the flush pipes were clogged with excess feed.
In order to correct the deficiency listed above, it is required that you repair the necessary
plumbing works and direct all additional waste to the upper lagoon. To remain a deemed
permitted facility, all corrective actions must be completed by May 22, 1996. Failure to do so
may result in further enforcement action taken against you and possibly require you to apply for
an individual non -discharge permit.
Please be aware that it is a violation of North Carolina General Statutes to discharge
waste water to surface waters of the State without a permit. The Division of Environmental
Management has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Wachovia Building, Suite 714, Fayetteville FAX [phone]
North Carolina 28301-5043 NOC An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 5096 recycled/ 10% post -consumer paper

Mr. Wall
Page 2
4/11/96
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water
Quality Supervisor or myself at [phone] if you have any questions.
Sincerely,
Ed Buchan
Environmental Engineer
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Michael Wicker, FRO

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
e��
E)EF.HNF;Z
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 11, 1996
James E. Wall
Rt I Box 109
Morven, N.C. 28119
1
Sutject: Discharge of Animal Waste From Confinement Houses
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on 4/8/96.
The inspection, prompted by a citizens complaint, revealed a significant amount of animal waste
leaking from your two (2) topping floors and subsequently leaving your property. It is the
understanding of this office that the flush pipes were clogged with excess feed.
In order to correct the deficiency listed above, it is required that you repair the necessary
plumbing works and direct all additional waste to the upper lagoon. To remain a deemed
permitted facility, all corrective actions must be completed by May 22, 1996. Failure to do so
may result in further enforcement action taken against you and possibly require you to apply for
an individual non -discharge permit.
Please be aware that it is a violation of North Carolina General Statutes to discharge
waste water to surface waters of the State without a permit. The Division of Environmental
Management has the authority to levy a civil penalty, of not more than $10,000.00 per day per
violation.
Wachovia Building, Suite 714, Fayetteville ��� FAX [phone]
North Carolina 28301-5043 N11% An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled /10% post -consumer paper

Mr. Wall
Page 2
4/11/96
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water
Quality Supervisor or myself at (91 Q) 486-1541 if you have any questions.
Sincerely,
Ed Buchan
Environmental Engineer
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Michael Wicker, FRO

I
TO: Bob Sledge, Compliance Group-DEM
FROM: Ed Buchan, Fayetteville Regional Office-DEM
DATE: 3/6/96
RE: Additional enforcement action against Mr. James Wall
The purpose of this correspondence is to document a second discharge incident that occurred on
2/21/96 at the James E. Wall Swine Farm. The discharge was reported by a citizen's complaint
and was subsequently witnessed by Wendy Rudd of the Richmond County NRCS Office and
DEM regional staff members Ed Buchan and Paul Rawls. In summary, the discharge event -was
very similar to the previous discharge in that the lower lagoon overtopped at the emergency
spillway and the waste drained into a unnamed tributary of Little Mountain Creek. Again, the
flow of waste was visually traced by DEM staff members from the discharge point to the
confluence point at the Unnamed Tributary. Samples were also obtained at the same locations
as before except no sample was taken from the upper lagoon as only a light flow of waste was
seeping through the sandy berm which was recently installed to prevent further discharges from
the upper lagoon. It should also be noted that waste was nearly overtopping at two points on
the dam of the lower lagoon which were not observed during the previous discharge event.
Furthermore, the lower Iagoon level has been consistently high (freeboard = 1 " to 3 ") after the
initial discharge incident and very little significant spray application has occurred since that time.
In addition, while pumping equipment has previously been observed present near the lower
lagoon, the actual pump was not present on the date of the second discharge. Mr. Wall has been
warned repeatedly that he should lower his lagoon level immediately and obtain the use of
additional acreage on which he can spray on but has failed to do so at the time of the second
discharge. However, it is the understanding of this office that Mr. Wall is attempting to gain
permission to spray on adjacent fields in order to lower his lagoon and get his farm certified.
It is also noteworthy that Mr. Wall contacted this office on 2/7/96 in writing and claimed that
"I will resume pumping on the neighboring grain fields of Mr. Carter, this week and continue
to pump until the desired level is reached. This process may take approximately up to two
weeks." Clearly this was not accomplished in the given time. Please find attached lab results,
incurred investigative costs, photographs and add these to the original enforcement package.
Sincerely,
Ed Buchan
Environmental Engineer I

Cost to the State for Enforcement Procedures:
Photo, film and developing:
$4.00
Mileage: $0.20 per mile for 120 miles:
$24.00
Fecal Coliform, BOD Analysis:
$206.80
Ed Buchan 8 hours @ $17.73/hr
$141.84
Paul Rawls 5 hours @ $20.24/hr
$101.20
Michael Wiicker P.E. (Supervisory Review)
1 hour @ $25.93/hr
$25.93
Total = $503.77

EL
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81-7 (7oolc NorihCarolina 218303
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S OPERATIONS RRRNCH - liiS� Fa :gl-715-BC? S
`* State of North Carolina
Department of Environment,
Health and Natural Resoarcc 7
Division of Environmental Manapment
...lames 5. Hunt, Jr., Vovornor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Dirertnr
NTEN1(1r ANDUNJ
RRr :=6 '% 7:37. P.01/01
�EHNR
Uo- Michael Wickkn-
VlWatertluality Supervisor. Favcrtevilio, Rr., on
From: Shannon Lzin0ty )'.A
Subject: l;inal KevoL;abun of Dcem d perniil.s,
PS(ISIVED
APR 26 as
FAYETTEVIL EAGEMENT REG.O OF
FICE
Approximately 45 days ago the following; f a.•ilitiec -xere sent Notices of Irac:nt to ri�voke their
"Deemed Permitted Status". Please re.+iew the list and advise me whether or not we should pioceed
with the final revocation of the. facility's permit. If the facility is rm�l:in�_, progress toward ceiiifica6oll
we may grant them an extension of time to get their certified plan .submitted. For any farm; that this
applies to. please forward ;uppot7 information you may have from the NR("S, CES. etc. that the
facility is progressing toward certification,
Name Facility 0
Wall Swine Farm 77-006
aunty (c'rTifiecl Plan clue
R ic;hm+tnd 5/5/96
H,-u vev Randall 011 u 1 � A nson 5/ 14/96
(A certified plan has been reuei ved for this farm and will b,, foiwardod to the FRO for review.)
Please replyCyNM4�jiv 3, 1996.lr' u have. uny gift±ti0tts. please cull me at t919t 733-5083 e.Xt.
5S1 orfaxtl]eat(91604S.
P.U. Box 29535, Raleigh. North Carolina 27626-0535 el,-phurle 919-733-5083 FAX [phone]
An FgIJAI Opportunity AtrirmAtivA A^rxnn Fni:)lovpr 5o% recvoled� 1Q% Post-oorlsiimer paper

From: @Self <NROAR07/NlEW508>
@To: @[e-mail]
@Subject: @FINAL REVOCATION OF DEEMED PERMITS
@Date: @Fri, 26 Apr 1996 16:55:25
@
The James Wall Farm 77-006 Richmond County is making progress toward
getting a certified plan. I got a fax from NRCS today and they have
completed the Waste Management Plan ; however they want Mr. Wall to
do some on the ground improvements prior to final certification. .
They are to meet with Mr. Wall on May 22nd. Upon receipt of the plan
the FRO will also inspect to determine if in compliance w/ plan.
Since we are this close I would recommend holding revocation in
abeyance until this time then if Mr. Wall is not following plan we
can continue with the revocation and injunction. He apparently has
his lagoons down to a less critical level as was a few weeks ago.
The Harvey Randall Farm has submitted the certified plan per your
note. NRCS has been incontact w/ us and it appears Mr. Randall has
corrected problems. Again, FRO will review the plan and reinspect in
order to determine current compliance status. I doubt this farm will
--fteed to be revoked.
Call me if you have any questions or need more info.

DATE Co/3
TIME -op m,
LAGOON LEVELS:
Upper Lagoon (feet) (inches)
Lower Lagoon (feet) _(inches)
LAST PUMPING DATE (if known)
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LZ,ecr¢, 9�wv:rQd twv�5
known or applicable)
PREVAILING WEATHER CONDITIONS (on the date of inspection)
Ct a r
DISCHARGE OF WASTE WATER: yes no�
WITNESS A Jvc4u.,,,,_
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Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
(910) 864--1920 / (910) B64-8774 (FAX)
AIR • FUEL WATER • FOOD
C 11jW
CERTIFICATE OF ANALYSIS
t
ENV. MANAGEMM`
A
YETTEVILLE "REG. :c)*Xe
"' CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. P. Rawls
NC #11
NC #37714
USDA #3787
Is WASTES
CERT #15418
DATE REC'D: 11/30/95 SAMPLED: 11/30/95
SAMPLED BY: P. Rawls
DELIVERED BY: P. Rawls
SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID:
1.
Discharge
from
upper
lagoon -,ID
#95WU116922
2.
Discharge
from
lower
lagoon -
ID
#95WD116923
3.
4.
DATA REVIEWED BY:
DATE REPORTED: 12/07/95
ANALYSIS METHOD 1 2 3 4
?,I, ZoBOD (mg/L)
Z. ,-);COD (mg/L)
a�, COLIFORM, FECAL (per 100 ml)
COMMENTS: < - Less than
> — Greater than
EPA 405.1 77.4 192
EPA 410.4 280 860
SM16 909C 35000 5455
PAGE 1 OF ,3
C
The data and other Information contained on this, and other accompanying documents, represent only the sample(s) analyzed and Is MEMBER
rendered upon the condition that N 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 Sanitabon Consulting Chemical and Microbiological Analyses and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC.411
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
iS•
[phone] / [phone] (FAX)
AIR • .FUEL . WATER FOOD, WASTES :
4 i
rr �fl C 'lI .1995
I{ CERTIFICATE OF. ANALYSIS . cur.1.541>3
ENV. MANAGB04T
SAYME&LE REO. OFFICE
CLIENT: NC DEM DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachovia Building,.Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls.
CONTACT PERSON:. Mr. P: :Rawls-r - ;;' r y• SAMPLE,�OD�:.r tg `.wader•, >Gra
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Discharge from upper lagoon - ID #95W(7116922
2. Discharge from lower lagoon - ID #95WD116923
3. DATA REVIEWED BY:
4. 1 i.DATE REPORTED: 12/07/95
++;++
rikt
fe! I I• ,i !,'.. y����t i'� 7 �•. e0. a ray r i, 'P,M 4 ' ! ir,.I . i,ri��. `Drl t'�. .j 1 r �. �,Y' nq.
y t _1'V AINS''J. , i '� - 1 E i C1Li1J' , G .? ,�r 4 -S
;� r-r*,F'++•k*,t•+'*++*•}+'++'++.+_#-*+:*++*+'ir*k#+'*+r+.+*+'+,++,+*+#'+.f•'F+++'++t+*+i+++++rF**t*•k•Ir-+.+++++.+**#*.*++ireF•' _"�
fit' BOO {mg/L?' EPA 405.1 77.4- 192
COD (mg/L) EPA 410.4 280 860
COLIFORM, FECAL (per 100 ml) SM16 909C 35000 5455
... ..a - _• �. .. ^- »u.�-.. .. x - ��r1 , _. ,," � yr �`�f� .7`r s. ."�k. ,' .,k ! -i
COMMENTS: < = Less than
> - Greater thanq,'
woo
PACE'l OF 3
The data and other Info matlon contained on this, and other accompanying documents, represent only the sample(s) analyzed and Is M E M B
rendered upon the condition that It Is not to be reproduced wholly or In part for advertising or other purposes without t wrNten approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research /

ENV.
MANAGEME'ry�
�A
YE77 ILLERm Owt-
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 20303
[phone] / [phone] (FAX)
AIR FUEL WATER FOOD
CERTIFICATE OF ANALYSIS
CLIENT: NC DEM
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. P. Rawls
ACCOUNT NUMBER: #KN003
NC #11
NC #37714
USDA #3787
• WASTES
CERT #15420
DATE REC'D: 11/30/95 SAMPLED:. 11/30/95
SAMPLED BY: P. Rawls
DELIVERED BY: P. Rawls
SAMPLE CODE: Waste water, Grab
REFERENCE: Wall's Farm
SAMPLE ID: • 1. Upstream of discharge - ID #95WU116925
2. Downstream of discharge - ID #95WD116926
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/07/95
t*tttt++t++t++ttt+t++ttt**+*******t***********t*+4t+*t++*+*+*t+*****tt*t**t*+tt++*#+*++ttt
ANALYSIS METHOD 1 2 3 4
BOD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS: < = Less than
> = Greater than
EPA 405.1 1.33 3.59
SM16 909C <1 230
PAGE 3 OF 3
The data and other Information contained an this, and other a=mpdnying documents, represent only the semple(s) 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 4 Chemical and Microbiological Analyses and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 20303 USDA ##3787
;
[phone] / (910) . 864-8774•.(FAX)
..
A1R •". ' FUELi WATER !` FOOD`. •..WASTES: r
"'
CERTIFICATE OF ANALYSIS CERT #(15420
.
ENV. MANAGEMENT
FAYETTEVILLE REG, OFFICE
CLIENT: NC DEM
DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachovia Building,
Suite 714 SAMPLED BY: P. Rawls f
Fayetteville, NC
28301 DELIVERED BY: P. Rawls
�ONTACT'i?ERSfa1.r *`)'r Rai4'rtr•,,, a �L i►�:fSI�SPI;E'wCL7&�'Was,Grad'
.Ix�l:
ACCOUNT NUMBER: ' #KNO03
REFERENCE: Wall's Farm
SAMPLE ID: -1. Upstream Of
discharge - ID #95WU116925
2. Downstream
of discharge - ID #95WD116926
3.
DATA REVIEWED BY:
4.
DATE REPORTED: 12/07/95
F•#+,4i}t**k*��ir7#7�T#*ir-kT#'!'iriM•ki:'-kfr+***-+-k**
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-.
SOD :4mg/D}. t
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.meµ COLIFORM, FECAL (per 100 ml) SM16 909C <1 230
x..
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> �' Gfe�itar tlia.�i
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PAGE 3 OF 3
The data and other Information contained on this, and other eccompanying documents, represent only the sample(s) analyzed and Is M E M g E R
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 Microblologlcal Analyses and Research ,

Microbac Laboratories; Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
NC #11
NC #37714
USDA #3787
• WASTES
. ENV, MANAGEMENT
CERTIFICATE OF ANALYSIS CERT #15419
y' FAYETfEVILLE REG. OFFICE
CLIENT: NC DEM DATE REC'D: 11/30/95 SAMPLED: 11/30/95
.ADDRESS: Wachavia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Below lower lagoon - ID #95W0116924
2.
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/07/95
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 11.8
EPA 410.4 135
SM16 909C 2300
PAGE 2 OF 3
The date and other Information contained an this, and other aocompanying documents, represent only the sample(a) analyzed and is MEMBER
rendered upon the wndillon that it is not to be reprodaoed wholly or In part for advertising or other purpoaea without written approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

i
Y
ti
{ E.
FAENVVANAGtMENX
YEMVILLE REG. t?FF-tGE
CLIENT: NC OEM
Microbac Laboratories, inc.
MICROBAC ENVIRONMENTAL LABORATORY
NC'#11
617 CASTLE HKINE STREET
NC ##37714
FAYETTEVILLE, SEC 28303
USDA #3787,
/..(910) -8I64--9774 (FAX)
ts'FOOD,•'
AIR, ;:FUEL: •f "WATER;" WAStES
,''
'"A''
'
3 q.a
S1'• i _'.•.L',i q y i 4 .I J '` a4 'q 1 t-c
CERTIFICATE OF ANALYSIS
CERT .�15419;,,
DATE REC'D: 11/30/95 SAMPLED: 1.2/30/95
ADDRESS: Wachovia.Building, Suite 714 SAMPLED BY: P_. Rawls
Fayetteville, NC 29301 DELIVERED BY: P. Rawls
CC7NfiACTi-;P'EA54N. , Mx.T I'..,,;Ra�ir�..,�, �,;�,�; *, `:w, � ."SAMPLE,»CA�E�.�"Wash wa'°�ar', � Graff='•� �... ,' �,�.
ACCOUNT NUMBER: #KN003 REFERENCE: Wail's'Farm
SAMPLE ID: 1. Below lower lagoon -- Ill #95WJ116924
2.
•t 3. DATA REVIEWED BY:
4,Irt #'#+#r ,#r .t4. #� ih ,ki•*i+^F*`*n+i" **.#. °# 1r#k�wi*, +Yi. •l•*'k'1rSFl•}�rr,r,D#,FTkE* ikRFF*iPkO' 1vFT�kF,4©ik4: ra4'1Yti2-k/k0^D7/r9M,, 5
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#+� BOD ,.(mq%i,) .F _ EPA ;4'05.1 "' 11.. �1',
CUD (mg/L) EPA 410.4 135 '
C(OLIFORM, FECAL .(per 100 ml) SM16 909C 2300 »"s. �re
^dfrt
4.
COMMENTS: [ - Less than
'
> Greater than
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4
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t .. PA>uE 2 i l 3
The data and other Information contained on this, and other accompanying documents, represent only the samples} analyzed and is M E M ` B E R
rendered upon the oonditlon 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

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE HAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone].(FAX)
AIR FUEL WATER FOOD •
CERTIFICATE OF ANALYSIS
NC #11
NC #37714
USDA #3787
WASTES
CERT #15461
CLIENT: NC DEM DATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachovia•Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE:.Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Upstream of discharge - ID #95WU126974
2. Downstream of discharge.- ID #95WD126975
3. DATA REVIEWED BY:.a..
4. DATE REPORTED: 12/11/95
ANALYSIS METHOD 1 2 3 4
BOB (mg/L) EPA 405.1', 8.6 1.4
COLIFORM, FECAL (per 100 ml) SM16 909C 18 270
COMMENTS:
< = Less than
> = Greater than
BE
DEC, 15 1995
ENV. MANAGEMENT
FAYETTEVILL.E REG. OFFICE
PAGE 1 OF 1
The data and other Information contained on this, and other accompanying documents, represent only the sample(s) analyzed and Is MEMBER
rendered upon the condition that It is not to he reproduced wholly or In part for advertising or other purposes without wrthen approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitatlon Consulting : Chemical and MicroloMoglcal Analyses and Research

Microbac Laboratories, Inc. _
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE; NC 28303 USDA #3787
[phone] / [phone] (FAX)
'AIR FUEL WATER FOOD WASTES'
CERTIFICATE OF ANALYSIS GERT #15461
CLIENT: NC DEM BATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wacho iv a Building, Suite`714 - -- — —SAMPLED BY: P. Rawls
• Fayetteville, NC 2001 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOi7NT `NUMBER: #ICl;T00�37'.'; '.'�' gib. ", •� ; REREREN.C:�'rsfrla'3 T'sFayt
SAMPLE ID: 1. Upstream of discharge - ID #95WU126974
4 2. Downstream of discharge - ID #95WD126975
3. DATA REVIEWED BY:
i
' 4, DATE REPORTED: 3.2/11/95
4.
FANALYSIS METHOD 1 2 3 4
''Bob {mg/ L } „PA• '4 05 .`1 8, G 1.4
COLIFORM, FECAL (per 100 ml) s` ,SM16 909C ' 18 270 "
1
COMMENTS: < =, Less than ' t
Greatrr tiha
ENV. MANAGEMENT V'
FAYETTEVILLE' REG: OFFIC6r f ''
PAGE 1 OF 1
The data and other Infarmaticn contained on this, and other accompanying documents, represent only the samples) analyzed and is M E M 1113,111E R
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 Te ting,_Food Sanitabon Consulting Chemical and Microbiological Analyses and Research

!- -Z

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC 011
817 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR - FUEL * WATER • FOOD 9 WASTES
CERTIFICATE OF ANALYSIS
CLIENT: NC DEN
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. Ed Buchan
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Discharge Point - ID 096WE2890
2. Confluence Point - ID #96WE2891
3. Upstream - ID #96WU2692
4. Downstream - ID #96WD2893
CERT #15986
DATE REC'D: 02/21/96 SAMPLED: 02/21/96
SAMPLED BY: E. Buchan
DELIVERED BY: S. Buchan
SAMPLE CODE: Waste water, Grab
REFERENCE: Wall Farm
DATA REVIEWED BY:
DATE REPORTED 03/01/96
ANALYSIS METHOD 1 2 3 4
BOD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS: < - Less than
> o Greater than
EPA 350.2
SM16 909C
PAGE 1 OF 1
316 10.8 1.42 2.02
42000 5900 27 290
P4xCZE- :. 4
"E4 a .
NV, NWT; • � � r... ,�,
FAYZ'V1�.
`
The data and other Information contained an this, and other accompanying documents, represent only the sample(s) 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 Tasting Food Sanitation Consulting Chemical and Microbiological Analyses and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR ;FUEL . WATER'' �`` ;,.FOODJ. WASTES
'CERTIFICATE OF :ANALYSIS _ jj
1-5986
CLIENT; NC DRM DATE RFC'D: 07./21./96 SAMPLFD: 02/21/96
ADDRESS: W6chovia Building, Suite 714 SAMPLED BY: E. Buchan
Fayetteville, NC 28301 DELIVERED BY: E. Buchan
CONTACT PERSON: Mr. Ed $uchan SAMPLE COME: Waste water, Grab
ACCOUNT NUMBE,R:W #F N6 3 REFERENCE: Wa11 FaL'ut
SAMPLE ID: 1. Discharge Point ID )f96WE2890
2. Confluence Paint -- ILA #96WE2891
3. Upstream - ILA #96WU2892 DATA REVIEWED BY; .,....
4. Dawnstreram - ID #96WD2893 DATE REPORTED: 03/01/96
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ANALYSISMETHC?Q 1 2� '3 4
, r,: r
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SOD (mg/L) EPA 350.2 3i6, 10.8' 1.42 2. (12
COLIFORM, FECAL (per. 100 ml) SM16 909C 42000 5900 27 290
` COMMENTS: < = Less than
>' Great 9-c. ahan..
P YZ SI'
ci
UR 7
#1 EW k?4Af4GF"T:7VT.
lllLLERE6 OFFICE
PAGE 1 OF 1
5
The data and other Information contained on this, and other ecoompanying documents, represent only the semple(s) analyzed and Is
rendered uport the oondhlon that It Is not to be reproduced wholly or In pert for advertising or other purposes without written approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Mlcmbioiogicai Analyses and Research
MEMBER
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MICROHACEENVIRONMENTAL LABORATORY, INC.
917 Castle Hayne SL, Fayetteville, North Carolina 28303
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MAR i =6
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE

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A
IMPORTANT
To
Date Time
W ILE YOU WE E OUT
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of
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NUMBER EXTENSION
Message
Signed
TELEPHONED
PLEASE CALL
CALLED 70 SEE YOU
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URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment. Health, and Natural Resources
�}�� Printed on Recycled Paper

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
NC #11
NC #37714
USDA #3787
• . WASTES
CERT #15468
CLIENT: NC DEM DATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Discharge from lower lagoon - ID #95WU126972
2. Below lower lagoon - ID #95WD126973
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/11/95
ANALYSIS METHOD 1 2 3 4
++++++********+**********+********++++*+**+*+++++*++*****4**+**++++++*+*++i+**+****+******
BOD (mg/L)
EPA
405.1
201
73.8
COD (mg/L)
EPA
410.4
621
126
COLIFORM, FECAL (per 100 ml)
SM16
909C
38000
20000
COMMENTS: < = Less than
Y — GrOdte3r than
F§
cEliclo
DEC 15 1995
ENV. MANAGEMENT
FAYETTEVILLE REG, OFFICE
PAGE 1 OF 1
0
The data and other Intormatlon contained on this, and other accompanying document@, represent only the sample(s) analyzed and Is MEMBER
rendered upon the condition that It Is not to be reproduced wholly or In pan for advertising or other purposes without written approval
from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemlcal and Microbbloglcal Analyses and Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RA.YNE STREET
FAYETTEVILLE, NC 260,03
(910) 864--1920 f [phone] (FAX)
AIR FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
NC #11'"
u
.'t
NC #37714
USDA #3787
• WASTES
CERT 415468
.CLIENT: NC DEM DATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachovi,a Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNTzNUMBER: ^ #KNOEi3�"ll:f,,- '-_,'-•=-r_. _ .:. ;e: RfiFERENC nFalf's Fa1Cm
SAMPLE ID: 1. Discharge.from lower lagoon'- ID #95WU126972
2.•Beiow lower lagoon - ID 095WD126973
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/11/95
i.#**#+*+++***+t++#+k 4.#+**#++*+e+*+'*++*+1•++++*+ ++*+4, 'k *+k+i4 dr++ 4, '4' +++*'*++#++tit i
ANALYSIS METHOD' 1 2. 3" 4
r
;,.*+++++#*+++++�r+•++'*Ir,k+M++++M+`*++ar+k+.,4.+#'#;,+'++�r+++++.#+*++9.+**it++++F+++++++++k*+*:*A-++#*#+k k.
NOD (mgfL) , 'EPA:.405..1: 201
COD (mg/I;) EPA 410.4 621 128
COLIFORM, FECAL (per 100 ml) SM16 909C 38000 20000
.r-
~COMMENTS: t Less than
.Yr F > — Greater than
r = DEC 15 1995
ENV. MANAGEMENT
' FAYETTEVILLE REG. OFFICE:
PAGE 1 OF 1
^`� } The data and other Information aontalned on this, and other acoampanying documents, represent only the eample(a) analyzed and le
rendered upon the condition that It Is not to be reproduced wholly or in part for advertising or other purposes without written approval M E M' B E R
from the laboratory. -
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research "

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Phone _ zz1 . -L 7►6
AREA CODE NUMBER EXTENSION
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
.f S</`ail lc�P`-1�1
N.C, Dept. of Environment, Health, and Natural Resources
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C. ' The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1),which is a violation of the non discharge permit.
D. * * * * * may be assessed civil penalties in this matter pursuant to G.S.143-
215.6A(a)(1), which provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who violates any classification,
standard, limitation, or management practice established pursuant to G.S. 143-215.1.
OR 143-215.6A(a)(2) for failing to act in accordance with the terms, conditions or
requirement of a permit.
E. The State's enforcement costs in this matter may be assessed against ****** pursuant
. to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
' matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, * * * * *_ is hereby assessed a civil penalty of:
$ for discharging wastes to the waters of the State which is a
violation of 15A NCAC 2H .0202 and NCGS 143.215.1(d)..
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have .
considered the factors listed in
G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
DRAFT

Attachment 13
STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF *****
IN THE MATTER OF
VIOLATOR/COMPANY
FOR VIOLATIONS OF PERMIT
15A NCAC 2H. 0200
File No. DD
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
. Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEW, make the
following:
I. FINDINGS OF FACT:
A. [OPTIONAL - reserved for legal corporations, partnerships, governmental -agencies,
etc.; do not use for an individual] ***** is a ***** organized and existing under the
laws of the State of North Carolina.
B . ***** operates a ***** animal operation in ***** County.
C . * ** * * was deemed permitted on * * * * * in accordance with 15A NCAC 2H .0217(c).
D. On *****, DEM staff observed a discharge of wastewater by ***** from (location) to
*****, which are Class * * * * * Waters.
E. ***** had no valid permit for the above described activity.
F. The cost to the State of the enforcement procedures in this matter totaled
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. ***** is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B . A permit for this animal waste management system is required in accordance with I5A
NCAC 2H .0217(a).
B. ***** constitutes waters of the State within the meaning of G.S.143-215.1 pursuant
to G.S. 143-212(6).

Inspection Form for Animal Operations
(Note: Numbers 25-37 must be completed in order to
determine assessments)
1. Date of inspection: !i S
2. Regional Office: FRO
.3. Name of Owner of Property: & MIt
(Check Register of Deeds or Tax Office)-
4. Name of Operator:
S. Address:
6. Phone Number:
7. Description of Facility Location (State Road Nos., etc.
Attach a Map) � �e,
8. Date this facility began operation:
9. Date of last expansion: NJZ"
Explain:
10. Has the facility registered with DEM? Yes ✓ No
If yes, date registered
11. Does the facility have an approved Animal Waste Management
Plan? Yes No__-�4. Is one required? Yes,, No date
Approved:
12. Has this facility received a CAFO Designation? Yes_V_INo
If yes, date issued: 1-1-(0
13.• Type of Operation (Examples: farrow to finish, topping:
dairy: beef, cattle: Poultry swim:: breeder, layers or
broilers, turkey, etc.) : _ Crrov+ - ,-e �_
r7�L___,
Ia(ID To0s 210 Sows ntjr5!'A-A r 3nc
14. Number,_,and type of Animals
G
15. Length of time animals have been, are, or a sta ed,
or confined and fed or maintained in an 12 month variod.

State of North Carolina
` Department of Environment,
t` Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 29, 1.996
CER D MAIL
RETURN RECEIPT REQUESTED
Mr. James Wall
James Wall Swine Farm
Route 1 Box 109
Morven, North Carolina 28119
PPIEVED
416 80 BPo
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
15A NCAC 2H .0217
Richmond County
File No. DD 96-01
Dear Mr. Wall;
This letter transmits notice of a civil penalty assessed against Mr. James Wall in the amount
of $9,062.92 including $2,062.92 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
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

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly.abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thjgy days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Eayettirwille_kegional.Supervisor ww/_at aclirnents�)
Compliance/Enforcement File w/ attachments'
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF RICHMOND
IN THE MATTER OF
JAMES WALL
FOR VIOLATIONS OF PERMIT
15A NCAC 211.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-01
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. James Wall owns and operates a concentrated animal operation in Richmond County.
B . James Wall / Wall Swine Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On November 30, 1995, December 4, 1995 and February 21, 1996 DWQ staff
observed a discharge of wastewater from the Wall Swine Farm secondary lagoon to
an unnamed tributary of Little Mountain Creek, which are Class B waters of the State.
D. James Wall had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $2062.92.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. James Wall is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215,1.
C. The unnamed tributary to Little Mountain Creek constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.

E. James Wall may be assessed civil penalties in this matter pursuant to G.S. 143-
r 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against James Wall
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8).
G. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, James Wall is hereby assessed a civil penalty of:
$ 02
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on November 30, 1995.
$ 4`� d� d D
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on December 4, 1995.
$ 3 • Ja
for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on February 21, 1996.
$ -7 a'xra, cra
TOTAL CIVIL PENALTY, which is 21 percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 2062.92
Enforcement costs
$ 90(07 . 9Z.
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
z 7 I6qjat'l�.
(Date) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

dEL
MICROBAC ENVIRONMENTAL LABORATORY, INC.'
817 Castle Hayne St., Fayetteville, North Carolina 28303
Phone [phone] - Fax [phone]
NC Lab ID #11 - NC Lab I1)#37714 - SC Lab ID # 990267 - USDA Lab 1D # 3787
10 11 _.
AENC: I C.1111V' DATE 1ZECEIVED: �� c r SAMPLE DATE: 161 r,_`1
)DRESS:
WFACT PERSON:
\MPLIi LI] �5� jl. 1�1.�:iN 57��Ta �Mf�n U i
2.
3.
4.
SAMPLED BY: I v PICKED UP BY: afill
SAMPLE CODE: Lo LJ G-
REFERENCE: !b I=M.' fy
WORK AUI"I IORI/_.LD BY:
"1 w 0--) D I Il�'�'��
Analysis
Tcch/Dale
1
2
3
4
Ammonia as N m L
BOt7 m /L
/ut T
Chloride m L
ChWne m L
COD m L
Fecal Coliform(per 100 ml
/
30
Nitrate m L
Nitrate & Nitrite m L
Oil & Grease m L
H
Phenol m /L
Phosphorus m L
Solids, Suspended _(MgIQ
Solids, Total L
Total Keldahl Nitrogen m L
Aluminum m
Arsenic m
Barium m
Cadmium m
Chromium Total m
Co er m
Cyanide m
Iron m
Lead m
Manganese (ppm)
Nickel m
Silver m
(ppm)
^Sodium
Zinc m
PAGE " OF ±

Site Requires Immediate Attention:. Ye:,,,,_
Facility No. -7 -
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD .
DATE: 12 `t 9 S , I995
Time: lo:ooA.m__ '
Farm NamelOwner: !- 3 b.,r Wajw
Mailing Address: e, ( 9�x. c 0 R 8MarYu& ,JC. 7-8/11
.County
Integrator: Phone: -7b g 8S e -y 2 XS
On Site Representative: Phone: i oa 8 ►b s�-
Physical Address/Location: r 4 - Mf 30 -/
�ql ros - - Q _-(b -- So 1'3i_-1� or`1n1++ YK Gxs�ss k-1 t _ W_ d
Type of Operation: Swine Poultry Cattle
Design Capacity: *,Zoao _ Number of Animals on Site: Se¢
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: ° Longitude: ° ' '_"
Circle Yes or No
Does the Animal Waste Lagoon have suff 'ent freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes o o Actual Freeboard: i Ft. o __ Inches
Was any seepage observed from the lagoons ?Yes or(RO Was any erosion observed?_,Yes or ilD
Is adequate land available for MLWI
Yes or o Is the cover crop adequate? Yes otCNo)
Cro (s) bein utilized: S.e�- 1&QGW
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings?(Y�i or No
100 Feet from Wells? Ca o No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes of
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or�&
Is animal waste discharged into er of the state by man-made ditch, flushing system, or other
similar man-made devices? y or No If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, I d applied,
spray irrigated on specific acreage with cover crop)? Yes or o Na.e re+gvt AR-+
Additional Comments: raw 4Pc' dQ�r Cori
ioN k%0.0 c, "two ceJU teWan G
Off i.►t f- r c Q �/�i-
LL r
1�- �1 r
�[ � I ` 4 q o -(be Y�.O 3 0 i IS SDI M r
n 1 n - . _ 6.0 W DI _-^- --- - - - u r _ r _ `' G., - I;... .�-`- -
et 5UC. O'
Inspector Name
cc: Facility Assessment Unit
Signature
Use Attachments if Needed.

rr�
EL
4 ffiBACOENVIRONMENTAL LABORATORY, INC.
817 Castle Hayne St., Fayetteville, North Carolina•28303
Phone [phone] - Fax [phone]
NC Lab Ill #11 - NC Lab Ill#37714 - SC Lab ID # 990267 - USDA Lab ID # 3787
DDRI1.SS:
DNTACT PL'RSON:
1Asil LF;1.D.',`l G-tPrk<��-t�
I�
llA'IT: RECEIVED: f I � 5tq � i SAMPLE DATE. -�o I fIa
SAMPLED BY: R �'AW L-, PICKED UP BY: P L
SAMPLE CODE: W Lj ("—
REFERENCE: W %LLB
7 y�!)WORK A `UJl'HORI7�D BY:
1'jcUl1\ lU��t�i l,_ I ttri ,.Jl). ( 1 u.) u- 1
Anal sis
'I'ech/Datc
1
2
3
4
Ammonia as N m L
Chloride m L
Chlorine m L
COD m L
/yw
O
Fecal Coliform(per 100 ml
Qs'JC1
230id
Nitrate m
& Nitrite (mg1L)
_Nitrate
Oil & Greose (mg/L)
_pH__
Phenol (mg/L)
Phosphorus (mg/L)�
Solids, Suspendod (m L
Solids, Total m L
Total K'eldahl Nitrogen m L
Aluminum m
Arsenic (ppm)
Barium m
Cadmium m
Chromium, Total m
Copper m
Cyanide m
Iron m
Lead m
Manganese (ppm)
Nickel m
Silver(ppm)
Sodium m
Zinc m
PAGE O _•,,,

CROBAC ENVIRONMENTAL LABORATORY. INC,�CHAIN OF CUSTODY RECORD PAGE OF MI
917 Cade Hayne SG, Fayemville, North Carolina 28303
Phone [phone] - Fax [phone]-wn4
P.O. s
CLIEpNT� NINE
`V C �JC •
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WATER COMPOSITE SAMPLING DATA
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Comments or Special Hazards:

FtcnMUHp'
er-as-94
$56.08
9TA7k OF u
C MA 0 Real Estate
Excise Tax
It
Etclas Tax
85811I,(235
FILED
BOOK f5j PAGE 'Ly
JUL 20 816 dM'94
PAI S'I JOMALD
RECIV ER OF DEEDS
RICN1400 Co., Mc
03941
Recording Ttme, Book and Pane
Tax Let No ......... ....................................... Parcel Identifier No..................
Varldedby ................................................... ... County on the ............... day of ......................................................... 19.,.........
by.......................................................................................
Mall after recording to Jamea.. E...Wall.r.....7r......- ............................ ,......,......... ................... ,.,.., ..,
Rt. 1, Box 109, Morven, NC 28119
This Instrument was pr............ ....... .......................,... ......... ,.,......... — ........... ..............,. ,...,............... ...... ,..,..,.,.,,.....
spared by....................1ame8.. E.>....wall r..11C...................,.....,.....__...,............., .........
Brief description for the index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ............... day of .:..,j'Ujy......,........................, IV.,9.4....., by and between
GRANTOR
Richard Wayne Bennett AKA
Richard W. Bennett, widower,
of Richmond County, NC
GRANTEE
James E. Wall, Jr.
Rt. 1, Box 109
Morven, NC 28119
Enter In appropriate block tar each parlrl name, addrem, and, It appropriate, character of enllly. e.q, eerporallon or partnership
The designation Grantor and Grantee as used herein &halt Include said parties, their heirs, successors, and assigns, and
shall, include. singular, pluzel,. maacutlna, femialna at neuter as requ[red. by content.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents date grant, bargain, sell and convey unto the Grantee In Sea simple, all that
certain lot or parcel of land situated in the City of ....... Township,
Richmond County, North Carolina and more particularly described as follows;
SEE SCHEDULE A
X C, aar Acme, Fbral Ma f e 191d, perked a 1977
Rsaeea,Ap mmtwMV*XC. pw Am Mfim— Ian.•ea5een.11akl9hrle FM&Maa

4CLLENVIRONMIENTAL LABORATORY, INC.
B 17 Castle Bayne SL, Fayetteville, North Carolina 2M
Phonc (9 101964-1920 - Fax [phone]
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um 858 ma 2V
The property herelashove described was acquired by Grantor by Instrument recorded in noon.gook... 644y­Page ................
399 and Book 637s Page 891.
A map showing the above deseribed property la recorded In Plat Book .................................... page.................,....,..
TO HAVE AND TO HOLD the aforesaid tot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in tee simple, has the right to convey
the same In fee simple, that title in marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter elated.
Title to the property hereinabove described Is subject to the following exceptions:
1994 Ad Valorem taxes.
IN WITH%" mmaaaor. the Grantor has hersnals ass his bond sad Not, or II eseparate. Yea most# Ilia mstrnstht In be 141644 to h2
eerparalt ease by It. daly artberhad ollhors and Ito seal to to btreaata a111aad by ■athe'My of Its Debra d Dlrorsets, the day and yet, flirt
abt■ written.
�,,�
(Corporate Name) r RiUr,,,..�W_ae
ennett
o
Dr, noon ••• tl
7 - ..................... (REAL)
---••----_______-••----.__..TreeMenl AKA Richard W. Bennett
Arieare
-------------------------------------------------------------
noon_ --•- --noon
.:
--, r_..:.eaar-lasy (Corporate GaGO.................................. ll
'��yhlllwrgpr• lllaAL)
. noon ..............
� "e MCC►• i l�f_�•I�IYId.A!!�_.__..._
.r, • la NORTH cAROL1NA. county.
t,2 if
a mainly peblis o
r .1r f she county and state afoseald, e.rtlly teat _Richar4-- Wayne --Bennett-.
a ' �oTA8)-, . ., y a
PN • • Ll . :A1C6..SSCfLBSI ..iLe_. tiii(10�.4----------------------------------------------------------- Gnator,
• ,a • d pttaoeally, appeared bdora me this day and aeb..wkdaed the taeeau.s of the lertaulng Instrument- wlta st my
1. !�ti• .• 1a• ,.. Thus and ssneltl slump or arbl, the _.L/._ day at ...-z�s_�. noon.---_ la- 3K..
r ... _
ppff q 4 r��1 y�A
Vj `.,.�i1r{,t r•' • My eammfsstem a-pstm .._ �� Q�. d._1.--.._...
. if..�....; raw o� a�rr
w 1�YtS�1��jT�^� ,
ti�4/sAg�11TAalf NORTH CAROLINA-----------------------------------Cbsaly. '
.. 1, a NaUry robtic of the county sad elate osaresaid. satisfy that --------------------------noon--__.-___--,
personally tatie %store we this day sad acaaewledred tsar ---- he In ........................... art.eluy d
....................................................... a Nau GI Carolina earpatlrr, and that by amthorlly duly
a teen and at tho act of the eorparullon, the foregoing laNmt arse. signed I% Its name by Its ---------------
# Mildent. celled with Its ebr•peral% somf sat st"Itae by --__-..-.- . spits- ........................... 11... e4ry..
P
witness bey b.a4 and ssfl.bal alamp or beat, thlb ------- toy at ........................... lf..... ....
myCommission earl'tt: ....................................................................... Norb'y talus
The feegoing CnQfltpte(.) of ........>lA4l@A.%t. �QR@�S ll r, ZlaCB;y..P4� C...... .................... ................... .........
..................................................... ........................................................................................
u/see eerM04 la b! e.neel. This fartrament zed this tostlfkato ate duly stalst*red at LL. date and Uwe sad 1. the apt and Too- she.. o. qe
tint loge hared.
........ IrATRY.J.•..l`QPQM.:D................................ Raaurn or b:aoa roe_ ...... All.EilIOH4................ .covNrr
ly N,{p/d.-Yt_ClJ_�J;77:1Q.±a?lt.........................Reshur N Deeds
f(C. Der Aeaee. F7Nn,1�! • isle, ae6td • 1177
RbiYd M AaM.ma+ehewMG arAeaodrppr-1ML • tent d�d"e Oe . loll d 6aep + Randal IIC nets-e1p _ �

soon 858 'acf �Jfi
SCHEDULE
TRACT Ir
All that certain tract of land containing seventeen- and three
tenths (17.3) acres, more or leas, located in Mineral springs
Township, Richmond County, North Carolina, located on the sand -clay
road leading from Lentz orchard to Saran Church and now in the
possession of R.L. Bennett, bounded on the North by the lands of
James Allred; an the East by the lands of N.C. Vuncannon; an the
South by -the lands of John Lentz; and on the West by the road
leading from Lentz orchard to Saran Church. Said tract of land is
particularly described according to a plat prepared by R.M. Bolton,
Surveyor, in September, 1946, and described by motor and bounds as
follower
BEGINNING at a corner in the edge of the public road leading from
Lentz orchard to Saran Church, the same being a corner of the lands
of John Lentz, and runs thence North 21 Degrees 30 Minutes East,
1930 feet to a corner; thence North 28 Degrees 30 Minutes West,
209 feet to a corner; thence South 60 Degrees 959 foot to a corner
in the Eastern edge of the road leading to Saran church; thence
with said Road South 4 Degrees 35 Minutes East, 1501 feet to the
BEGINNING, and BEING the same land conveyed by James Allred and
wife, Augusta Allred to R.L. Bennett by Deed dated September 21,
1946, and recorded in Book 261, Page 307, Richmond County Registry.
SAVE AND EXCEPT from the lands described above, a right of way for
ingress and egressr BEGINNING at an iron stake, corner with
Meacham and the American Legion tract and runs thence S. 60 W. 959
feet to an iron stake in the Eastern border to Saran Church Road;
thence with said Eastern margin South 4-35 East, 60 feet to an iron
stake; thence North 60 East, 959 feet to an iron stake in the
American Legion line; thence with line N. 28-30 W. 60 feet to the
BEGINNING.
Being the identical real property in the conveyance from Joe A.
Ussery and wife, Lila Has Ussery to Rebecca Jo Ussery Bennett and
husband, Richard Wayne Bennett dated March 2, 1979, recorded March
2, 1979 in Book 614, Page 399.
TRACT III
BEGINNING at an iron stake in the line of Richard W. Bennett (see
Deed Book 614, Page 399, Richmond County Registry), said iron stake
being located at the Northern corner of the property of L.C. DeWitt
and Mrs. J. Elsie Webb (formally J.F. Lentz) with the property of
Bennett N. 21-30 E. 427.8 feet to an iron stake, a new corner with
the William J. White property (see Deed Book 424, Page 25, Richmond
County Registry); thence a now line along and with the property of
White S. 64-58 E. 264.6 feet to an iron stake; thence continuing
a new line along property of White S. 9-31 W. 471.8 feet to an iron
stake in the said sine of DeWitt and Webb; thence along and with
the said DeWitt and White line N. 60-30 W. 362.9 feet to the point
and place of BEGINNING, containing 3.15 acres, more or less
according to a survey and plat of same by J.S. McNeill, Registered
surveyors, dated March 1981.
And BEING a Southwestern portion of the property of William J.
White and Ethleen V. White as recorded at Book 424, Page 25,
Richmond County Registry.
Being the identical real property in the conveyance from William
J. White and wife, Ethleen V. White to Richard W. Bennett and wife,
Rebecca V. Bennett dated March 30 1981, recorded April 21, 1991 in
Book 637, Page 091.

OPERATIONS BF'R%ICH Fax:[phone]' Der- 12 '95 14: �2 F. 02,/0 2
REGISTRAT:5N FORM FOR AN:i-IA:. FEEDLOT
weparimew of yealth anj WaLUZ-
Divisiln of Environmental Manage,
water Q00ity Secnion W-
A :he animal waste management system tor your 0 r i >tri'i s
designed to serve more than or equal to 1100 he a. C 7 5
horses, 252 swine, 1,CC0 sneep, or 30,000 birds v I I- W,
a liquid waste syntem, then this form must to fil! mailed
by December 31, 190 purswant io 15A NCAC 2H.0217 (c) in order co be
deemed permitied by OEM, Please print clearly.
Mwllng AddTpss:_,�, 15 -�r V
Ib
Twerfs) Name.
KaAayef (SI Name:
LeSS-5 NAM?' 40-
VafT Ocallan
(a, as specific as
nosy i . ale:
roas names, direction,
mi ieponz , now
7-4
it known;
.esign capaciny V animal wasne management syaoefn numher and ;Ype
Avarage
animal popul anion
on :he
farm (Number and nype of animal is)
vW-0. P-roauccon Began: /PSIL, ASCS Tract No.
;ype
or
Wasze
Xanagemeno
Syncem
Used:
Az es Available for Land Applicat? on at WAS-e-
;Wne: W SignaLurs I-Q)
.014

State of North Carolina
Department of Environment, Alf M
Health and Natural Resources •
Fayetteville Regional Office AM;J;�
James B. Hunt, Jr„ Governor � C
Jonathan B. Howes, Secretary C
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 14, 1995
�.. __ . ► �.. __ �. __ ' 1
Rt I Box 109
Morven, N.C. 28119
Subject: Notice of Violation
Follow-up Investigation
Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This letter is in response to the follow-up inspection conducted December 4, 1995.
The follow-up inspection conducted by Burt Coffer, Richmond County Cooperative Extension
Service, Vilma Marra, DC, NRCS, Ed Buchan and Paul Rawls, DEM Fayetteville Regional
Office revealed that discharges of waste from the two waste lagoons on site was still occurring.
The discharges allowed waste to enter an Unnamed Tributary to Little Mountain Creek, Class
B Waters.
Please be reminded that allowing a dischargeto take place without the appropriate permit
you are in violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to again advise you, (1) To cease all unpermitted discharges
of waste from your facility, (2) Take immediate action(s) to prevent discharges in the future, (3)
That a report will be forwarded to the DEM Compliance Group with recommendations for
enforcement actions, (4) That recommendations will be forwarded to the Director of
Environmental Management for the revocation of the "Deemed Permitted" status of your facility.
-continued-
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Wall
December 14, 1995
Page 2 of 2
You will receive correspondence requiring you to submit an approved and certified waste
management plan in the near future. The, plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at [phone]
to obtain technical guidance in order to receive a certified waste management plan.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further enforcement actions.
It is requested that you forward to this office on or before December 27, 1995 the date
the discharge ceased, actions taken to prevent similar discharges from reoccurring and what
actions have been taken to obtain a certified waste management plan.
It is recommended that you immediately contact this office should you need additional
information or clarification concerning this matter. Please do not hesitate to contact Mr. Michael
Wicker, P.E., Regional Water Quality Supervisor or Mr. Buchan at [phone] if you have
questions.
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Vilma Marra, NRCS, Richmond County
Ed Buchan, DEM Fayetteville Regional Office
Chris Walling, Division of Soil and Water Conservation
s:.

I
kr
1!r
IMPORTANT
To�
Date Time , t
WHILE YOU W E OUT
MCa
of ,�(� yr
Phone /
76 — `' I (1 p -
AREA CODE NUMBER EXTENSION
Me s ge 0 f ( U
Signed
U �'S
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
V�� Printed on Recycled Paper
j

DATE Z�(�
TIME ; Oo M,
LAGOON LEVELS:
Upper Lagoon (feet) ��(inches)
Lower Lagoon (feet) I (inches)
LAST PUMPING DATE (if known) ?
FIELD WHERE WASTE WAS APPLIED (if known or applicable) 7
PREVAILING WEATHER CONDITIONS (on the date of inspection) Cz c a,
DISCHARGE OF WASTE WATER: yes now
W0.Lr w C1.5 4 See,�,W q
tA9 v o.n r
WITNESS��

ENFORCEMENT
NORTH UAHULINA
Department of Environmental Qual

State of North Carolina
Department of Environment,
Health and Natural Resources 1 e •
Fayetteville Regional Office
James B. Hunt, Jr., Governor EDF=HNF;Z
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 23, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James E. Wall
Route 1 Box 109
Morven, NC 28119
SUBJECT: Follow up Investigation
Waste Discharge Prevention
Certification & Compliance
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall,
This letter is in response to the follow up inspection conducted on January 17, 1996. The
inspection conducted by Ed Buchan of the DEM Fayetteville Regional Office revealed that
neither the upper lagoon nor the lower lagoon had the necessary one (1) foot of freeboard and
seven (7) inches of storage and were both in danger of discharging significant amounts of waste
again. It was also noted that the berm constructed to prevent discharge of waste from the upper
lagoon was still allowing a small flow of waste to seep through. At the time of the inspection
however, the lower lagoon was not discharging as the discharge point had been addressed via a
sandy berm. It was confirmed by the Richmond County NRCS that some pumping had occurred
and there was pumping equipment present at the lower lagoon. However, it appeared some
waste water had been spilled in the vicinity of the pumping station and drained off into the
woods. It is strongly recommended that the pumping of the waste water is carefully regulated
to prevent any further discharges to the surface waters of the State.
As per our conversation on the date of the inspection, it is extremely important that you
address the following subjects to prevent any further waste discharges:
1.) Pump both lagoons down to safe recommended levels via
the spray application of waste water on a field with
vegetative growth. It is not recommended that you
apply waste on your adjacent 3-4 acre field as it has no
Wachovia Building, Suite 714, Fayetteville �North Carolina 28301-5043 Nto
FAX [phone]
An Equal Opportunity Affirmative Action Employer
Volce 910-486-1541 IMM99 M 50% recycled/10% post -consumer paper

r. ,. •-S
{,
Mr. Wall
1/23/96
Page 2
established cover crop and is severely sloped which can
cause further discharges from runoff. Also, please advise
this office whether additional adjacent third party lands
are available.
2.) Place additional compacted clay soil on upper lagoon berm
to prevent further seepage.
3.) Contact NRCS immediately and on a regular basis to obtain
a certified animal waste management plan and update them
on your status.
Please advise this office in writing of the steps that you plan to take to bring this
farm into compliance with state regulations concerning animal waste management by February
6, 1996. Failure to adequately address the management of this farm by such date and to take
appropriate corrective measures may result in this office recommending that the Attorney
General's Office take appropriate legal actions to force this farm into compliance or cease
operation.
Please be aware it is a violation of North Carolina General Statutes to discharge waste water
to the surface waters of the Sate without a permit. The DEM has the authority to levy a civil
penalty of not more than $10,000.00 per day per violation.
If you have any questions concerning this matter, please contact either Ed Buchan at (910)
486-1541 or Vilma Marra of the NRCS at [phone]. Thank you for your time and
consideration.
Sincerely,
Ed Buchan
Environmental Engineer I
cc: Chris Walling-DSWC (Fayetteville)
Steve Bennett-DSWC (Fayetteville)
Vilma Marra-NRCS Richmond Co.
Facility Compliance-DEM (Raleigh)

d
EL
4MMICROBAC ENVIRONMENTAL LABORATORY, INC.
817 Castle Hayne St., Fayetteville, North Carolina 28303
Phone [phone] - Fax [phone]
NC Lab ID #11- NC Lab ID#37714 - SC Lab ID # 990267 - USDA Lab ID # 3787
,.TENT:
DDRESS:
QNrACr PERSON:
AMPLE 1.13. 1 Df S
t�lt l�
I�
DATE RECEIVED: SAMPLE DA`rE: v t (l -
SAMPLED BY: P �_PICKED UP BY: L 5
SAMPLE CODE:
REFERENCE: I�LL�� LA124h
WORK AUTHORIZED BY:
Analysis
Tech/Date
1
2
3
4
Ammonia as N m L
BCD (m
d
e
Chlodde m
Chlorine m
COD (m L
/y10
a2 10U
115
Fecal Colifomt(per too ml
iQ
31Z000
2300
Nitrate m L
Nitrate d, Nitrite m
Oil & Groase (mg/L)
-H
Phennl m rL
Phosplmun m
5ollds Sua nded m L
Solids Total m L
Total <jeldshl Nitrogen m L
Aluminum m
Arsenic m
Barium m
Cadmium m
Chromium Total m
Co er m
Cyanide m
Iron rn
Lead m
Man nese m
Nickel m
Silver m
Sodium m
zinc m
PAGE 101oL

IZ 016 150 966
Receipt for
Certified Mail
INP1In�uE#1'!����9.V�rI�, elRroYOO
(Qpl{CRt�,R,e�fprl�tltBrn�tigrlAlt{'�flll
IS�t@el�Q1f6[t?4}
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z 'LIMES E WALL
StrIdYA 1 BOX 109
"'M6MY"gee 28119
Postage
Cerldind Fee
1.10
r
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
1
10
to Wham & Date Delivered
1 .
Return Receipt Showing to Whom,
02
Date, and Addressee's Address
TOTAL Postage
& Fees
$
C
0
Postmark or Dale
1-23-96

33. Type or general nature of business:
._ ai2_
ier .
fj
5034. What is the violators degree of cooperation (including
efforts to prevent or restore) or recalcitrance
(stubborness):
35. Are ther any Mitigating Circumstances:
36. Assessment Factors:
a. IWC
b. Receiving Stream
C. Damage YIN If yes, include report from WRC
NEFIMIT101
-
38. Recommendations Made to Owner/Operator:
39. Recommendations for Further DEM Action: (Re -inspect, Nov,
Enforcement Action, designate, etc.):
40. Other Comments:
aoform
vol.K-1
4

25. What is the degree and extent of harm to the natural
resources of the State, to the public health, or to private
property resulting from the violation?:
25. What is the duration and gravity of the violation?:
27. 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). The effect on ground or surface water quanity
or quality or on air quality:
28. What is the cost of rectifying the damage?:
29. What is the amount of money saved by noncompliance'?:
30. Was the violation committed willfully or intentionally?:
Yes No Explain:
31. What is the prior record of the violator in complying or
failing to comply with programs over which Environmental
Management Commission has regulatory authority:
32. What is the cost to the State for the enforcement
procedures?:
3

MOM TTT. F
PAGE 01
James. F. Wall, Jr.
Route 1, Box 109
Morven NC 28119
Fohruary 7, 1996
Ed Fltic:.'han
Division of Environmental Management
State of North Carolina Dopartmeat of
Environment, He� ' th and Natural Resou rr,:es
Fayetteville Roo zona 1 Office
Dear Mr Buchan,
II�t�E� Ep
FEB 8
ENV. MANAGEMENT
FAYETTEOLLE REG, OFFICE
'."his letter is in response to your letter of January 23, 1996,
which i rec - . a February 6, 199E at. 4:10 P.M.
On January 17, 1995 T applied more soil to the upper lagoon to stop
the seepage. On January 18, 1996 we resumed pumping and have pumped
every day r v:eath;• permitted. we are monitoring the pumping of
the waste w very carefully to prevent discharges. The severe
weartler of. -,ast week have prevented us , om being able to pump
the lagoonFr to the desired level., but we have been able to
pump enough waste water to prevent a discharge from the bottom
1ayoon.
.i will resume pumping on the neighboring grain fields of Mr.
CAvt:er, this were: and continue to pump until the desired level is
reached. Ttin process may take approximately up to two weeks. As
soon as the desired lagoon levels obtained, the upper lagoo^ can
patched with compacted CI ay S011.
T have been in requla.r and continuous contact with Vilna Marra and
Wendy Rudd with the NRCS of Richmond Count] and we are working
toward a certified waste management plan. Viima informed me that
one would come February 28, 1996 for an on site visit with t:hP
Regional engi near.
,�..� Uzi
� ff
Jam : E. wal; . Jr �'

DFHMP, DFM Gil PCP Fa,.x!:919-733-9!113 Feh 21 '96 10:00 P.01/01 '
DIVISION OF ENWRONMENTAL MANAGEMENT
M F M 0 R A !d r,
Preston Howard
Harlan Bf i Lt. FEB 21
Denise bessams
"~ ENV. MANAGEMENT
r x om : A r t h"r Mr, "he r• r y , P . r, _ AYESTEVILLE REG. OFFICE
Chief, Groundwater Section: F
SUBJECT: Designation of Acting cec::ion c"hisi:
1 will be ou (. of the office ,and
my absence, r am hereby desi na n
W ina Section M.iE't .
C w . Alan Klimek
Carl Bailey
106 B"Sh
Reqionai Groundwater Supervisors
W a nn . AW i ni f

t

901
wwLx. pARM uNuAPl&.N.QBM
LAf:(le� 'ElS:
Lagoon __ � ; feetl �­
(inches)
'LAgoon(inches )
BTp�aVE0
FEB PY
ENV. MANAGEMENT
FAYETTEVILLE REG, OFFICE
!.A." Of Lt PING )ATE {if known)
F iY-1 EWASTF- WAS APPLIED (ifknuwn 0rapphCahle)
VA+ -ING WE FR CONDITIONS (un the date of inspec64m)
1lSf �F ►, ..,tiTE WATER: yes—�L ncr,_

16. Are crops, pasture, or post -harvest residues sustained in
the normal growing season over any portion of the lot or
facility?
.._ _ 6'OX, PAU jlt 0t (011S _kA/ rw r., ems- S Cmt: ....
17. Type of Waste Management (Examples: 1) type of confinement:
free stall barns, sheltered or limited shelter dirt lots,
paved or dirt open lots,houses, or pasture; 2) 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, stockpiling, contractor disposal, etc.)
18. Description of other animal operations in immediate vicinity
and proximity to same or other surface waters:
19. Proximity of acility to neighboring houses, wells, etc.:
'906 • /CYO c .
20. Approximate depth of groundwater table in the area of the
facility or discharge:
21. Proximity of facility to surface waters (provide name and
class of surface waters):
22. Animal waste discharge (including photos and witness' names,
addresses, telephone numbers and statements of fact).
23. Are pollutants discharged into the waters of the State? If
so, how? (directly or by man-made ditch, flushing systems,
or other similar man-made device):
24. Do or have discharges occurred in response to a storm event
less severe than the 25-year, 24-hour storm?. (If yes,
-include a brief listing of incidents and suspected causes.):
2

State of NorO Carolina
f
Department of Environment,
Health and Natural Resources ` •
Fayetteville Reglonal Office LA
James B, Hunt, Governor 1:3r-=HNF;Z
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 23, 1996
James E. Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: NOTICE OF VIOLATION
Continued Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on February
21, 1996. The inspection, prompted by a citizens complaint, revealed an unpermitted discharge
of waste from the lower of two swine waste lagoons. The discharge allowed waste to enter an
Unnamed Tributary to Little Mountain Creek, Class B Waters.
By allowing this discharge to take place without the . appropriate permit you are in
violation of at least NC General Statute 143-215.1(a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to advise you, (1) To immediately cease all unpermitted
discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the
future, (3) That a report has already been prepared and forwarded to our Enforcement and
Wachovla Building, Suite 714, Fayetteville FAX [phone]
North Carolina 28301-5043 N4M c An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Mr. Wall
February 22, 1996
Page 2 of 3
Compliance Group with recommendations for enforcement actions, (4) That recommendations
have already been forwarded to the Director of Environmental Management for the revocation
of the "Deemed Permitted" status of your facility. (5) That this office is preparing
recommendations for injunctive relief.
Also, you will receive correspondence requiring you to submit an approved and certified
waste management plan in the near future. The plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at [phone]
to obtain technical guidance in order to receive a certified waste management plan.
During the above inspection regional staff observed that waste in the lower lagoon was
beginning to overtop the containment dam. Overtopping of waste in this manner can lead to
structural failure of the dam resulting in catastrophic impacts to State waters. This is a matter
that cannot be taken lightly and should be addressed immediately. During the inspection Mr. Paul
Smith (identified as your employee) was contacted. Mr. Smith indicated that he had contacted
you at or about 8:30 a.m. on the morning of February 21, 1996, (the date of the inspection).
Mr. Smith indicated that he had informed you the lower lagoon was discharging. Regional staff
informed Mr. Smith that every effort should be made to prevent discharges of waste to surface
waters and that NRCS (Vilma Marra) should be contacted. Also during the inspection irrigation
equipment, absent of the pump was observed. This equipment did not appear to have been
operational on the day of the inspection.
Again, it is strongly stressed that every effort should be made to safeguard the structural
integrity of the lagoon and that waste is not discharged to surface waters. You may consider
pumping and hauling the waste to adjacent application sites if necessary. This activity should
be conducted in a manner that will not result in future discharges of waste to the surface waters
and at agronomic rates.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further and continued enforcement actions.
You are asked to respond to this matter, in writing, no later than March 5, 1996. Your
response should detail what actions, if any have, been taken to obtain a certified' waste
management plan and to lower the waste level in the lagoons. The response should be forwarded
to the address at the bottom of page one of this letter.

Mr. Wall
February 23, 1996
Page 3 of 3
It is recommended that you immediately contact this office upon receipt of this letter.
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water Quality
Supervisor or myself at [phone].
M
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM. Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Ed Buchan, DEM FRO

02'05/96' 12:50 FAX [phone] RIt"H11ii,;D CCI MGR �� Zoo
Ej - - �.)k" 44-,,� s :F, ilo+
f �..�... �� �-�. � �'� r f I t.c �-t-�r�.�. cam. b•, �;-�" � � �r..�3 _ • '� ` r.� Qt.,��/f/.
i

James E. Wall, Jr.
Route 1, Box 109
Morven NC 28119
February 7, 1996
Ed Buchan
Division of Environmental Management
State of North Carolina Department of
Environment, Health and Natural Resources
Fayetteville Regional Office
Dear Mr Buchan,
n
-fa 9 +sss
ENV. MANAGEMENT
FAYETTEVILLE REG, OFFICE
This letter is in response to your letter of January 23, 1996,
which I received February 6, 1996 at 4:30 P.M.
On January 17, 1996 I applied more soil to the upper lagoon to stop
the seepage. On January 18, 1996 we resumed pumping and have pumped
every day the weather permitted. We are monitoring the pumping of
the, waste water very carefully to prevent discharges. The severe
weather of the past week have prevented us from being able to pump
the lagoons down to the desired level, but we have been able to
pump enough waste water to prevent a discharge from the bottom
lagoon.
I will resume pumping on the neighboring grain fields of Mr.
Carter, this week and continue to pump until the desired level is
reached. This process may take approximately up to two weeks. As
soon as the desired lagoon levels obtained, the upper lagoon can
patched with compacted clay soil.
I have been in regular and continuous contact with Vilma Marra and
Wendy Rudd with the NRCS of Richmond County and we are working
toward a certified waste management plan. Vilma informed me that
she would come February 28, 1996 for an on site visit with the
Regional engineer.
Sincerely
Jam s E. Wall. Jr.

WALL FARM UPDA_TE_FORM
DATE I A
7-1—
TIME f:30ge.
LAGOON LEVELS:
Upper Lagoon — (feet) 3_(inches)
Lower Lagoon (feet) 2_(inches)
LAST PUMPING DATE (if known) Tk _I , Sweek's fr,or
FIELD WHERE WASTE WAS APPLIED (if known or applicable) R« k� �.s-ter,
PREVAILING WEATHER CONDITIONS (on the date of inspection) C_Gd11
DISCHARGE OF WASTEWATER: yes now
WITNESS

State of Borth Carolina
Department of Environment,
Health and Natural Resources
Fayetteville regional Office
James B. Hunt, Jr., Governor
Jonathan 9. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 23, 1996
James E. Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: NOTICE OF VIOLATION
Continued Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on February
21, 1996. The inspection, prompted by a citizens complaint, revealed an unpermitted discharge
of waste from the lower of two swine waste lagoons. The discharge allowed waste to enter an
Unnamed Tributary to Little Mountain Creek, Class B Waters.
By allowing this discharge to take place without the appropriate permit you are in
violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to advise you, (1) To immediately cease all unpermitted
discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the
future, (3) That a report has already been prepared and forwarded to our Enforcement and
Wachovla Building, Suite 714, Fayetteville
`� FAX [phone]
North Carolina 28301-5043 Ni An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

Mr. Wall
February 22, 1996
Page 2 of 3
Compliance Group with recommendations for enforcement actions, (4) That recommendations
have already been forwarded to the Director of Environmental Management for the revocation
of the "Deemed Permitted" status of your facility. (5) That this office is preparing
recommendations for injunctive relief.
Also, you will receive correspondence requiring you to submit an approved and certified
waste management plan in the near future. The plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at [phone]
to obtain technical guidance in order to receive a certified waste management plan.
During the above inspection regional staff observed that waste in the lower lagoon was
beginning to overtop the containment dam. Overtopping of waste in this manner can lead to
structural failure of the dam resulting in catastrophic impacts to State waters. This is a matter
that cannot be taken lightly and should be addressed immediately. During the inspection Mr. Paul
Smith (identified as your employee) was contacted. Mr. Smith indicated that he had contacted
you at -or about 8:30 a.m. on the morning of February 21, 1996, (the date of the inspection).
Mr. Smith indicated that he had informed you the lower lagoon was discharging. Regional staff
informed Mr. Smith that every effort should be made to prevent discharges of waste to surface
waters and that NRCS (Vilma Marra) should be contacted. Also during the inspection irrigation
equipment, absent of the pump was observed. This equipment did not appear to have been
operational on the day of the inspection.
Again, it is strongly stressed that every effort should be made to safeguard the structural
integrity of the lagoon and that waste is not discharged to surface waters. You may consider
pumping and hauling the waste to adjacent application sites if necessary. This activity should
be conducted in a manner that will not result in future discharges of waste to the surface waters
and at agronomic rates.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further and continued enforcement actions.
You are asked to respond to this matter, in writing, no later than March 5, 1996. Your
response should detail what actions, if any have, been taken to obtain a certified waste
management plan and to lower the waste level in the lagoons. The response should be forwarded
to the address at the bottom of page one of this letter.

Mr. Wall
February 23, 1996
Page 3 of 3
It is recommended that you immediately contact this office upon receipt of this letter.
Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water Quality
Supervisor or myself at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group .
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Ed Buchan, DEM FRO

Z 125 244 U7
.s
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
{See Reversal
Sent to
MR JAMES E.WALL _
stittVU_1t: i BOX 109
P. M609"W"' 28119
Postage
$ }
Certified Fee
1,10
Special Delivery Fen
Restricted Delivery Fee
Vp)�
Oj
Return Receipt Showing
to Whom & Date Defevered
1.10
r
L
Return Receipt Showing to Whom,
�1
Date, and Addressee's Address
TOTAL Postage
&Fees
..>'
C
Postmark'or Date
fA
b

02/05/96� 12:Sh FAX [phone] RIC'MIOND 00 MGR
WEDO
FM 5 999fi
ENV. MANAGEMENT ENV. MANAGEMENT
ENV, IJANA GEMENT FAYETTEVILLE REG. OFFIC& FAYETTEVILLE REG. OFFICE
FAYETTEVILLE REG. OFFICE wAt^, FARM up"A eogm
Ai RJON
4.;p ter Lagoon � '_(test) Lzo
1_ower L.Rgotm , __.--.(feet)
I .A q'T PI M PING ❑AT.E (if )mown)
0001
k'1E:1 it ti�'HERl= u'.g5'fi" WASAFPLiEA [iflanowuw'spplicehle) -'r.'te �� ��d�.. � 1��_,:� c
FRf,'VAITJNC: WF,,6Jl VRCONDITIONS (onthe cift ofi09PeATdw)
Di%CHARGE Of WASTEWATER: yes__ ao

02/16/9G 17: eS PECD—USDA ROCK INGHAM HC P171
DATE
TIME
LAUMM LEVELS:
Upw Lapon _—qeet) jzw /Cw(inchw)
UDWff Lagoon _(fe— (inches)
W)Z�t�
LAST P U MPING DATE (if known) LLiL L-r c p r?
FIELD W MERE WASTE WAS APPLIED (if kwwa or qVfln&Me)
?REV AILINO WEATHER CONDITIONS (on the daft of ifkRwfion) C, + - -1-f. r ,
DISCHARGE OF WASTEWATER: yes eo
WITN ESS

03/"15/96 14:5M RECD-LISDP ROCK lkl-iHAM NC
p t7l) I
DATE %r;'r+
TIME
VALAr FAM UR-RAn am ENv. MANAGEMENT
rAYETTEVIU.E REG. OFFlur-
LACY00N LEVEL-S-, A
Upper LA$OW (fW) (ifteb")
Lx)ww Lagoon
LAST PUMPING DATE (if
FIELD WHFREWASTE WAS
PREVAILINO WEAT14ER CONDITIONS (on the date (if tuspwdon)
D41CHAROE OF WASTE WATER: Yes
WITNESS-�?/
7
f
kv
"7') hi?
%V..
r^t'-717t Al
`p zp q . _ -5 qe,74 ; '
?

DIVISION OF ENVIRONMENTAL MANAGEMENT
FAYETTEVILLE REGIONAL OFFICE
February 22, 1996
TO Bob Sledge, Supervisor
Compliance Group
FROM Michael C. Wicker, P.E.
Regional Water Quality Supervisor
SUBJECT James Wall Farm
77-6, former Bennett Farms
Richmond County
The Fayetteville Regional Office wishes to request that an
injunction action against this farm be taken by the Attorney
Generals office for the continued discharge of swine waste from
waste treatment lagoons on the farm.
A recommendation for enforcement has been previously forwarded to
your office regarding a discharge event.
The FRO has requested Mr. Wall to obtain a certified waste
management plan and to pump his lagoons down to safe operating
levels. He has been unable to do this within the time frame
specified. The local MRCS has been working with Mr. Wall to
monitor his progress and our office has been inspecting on a
regular basis.
Because of concerns voiced by local district officials this office
reinspected the farm on 2/21/96 and discovered that the lagoon was
again discharging to an UT to Little Mountain Creek.
This office is drafting further enforcement action against this
farm and will be forwarding when complete.

Date Control No./Div. Abbr.
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
SURPLUS PROPERTY DISPOSAL FORM
PLEASIR TYPE
To:
From:
uivislon oT tzenerat aervlces
1
(Division and/or Section) Type div. abbr. in top right corner.
Description of Item
Model
Serial No.
FAS
Decal No.
Mmstate�:..
Good
Type %
..
�
1 it
i i
� � 1
(�
��M�a�+T+T•+s.1�
rl��
�� `�
■■-�.■�RL
�5��._
MEMO
014
MAIN
Location of Items (Raleigh Area):
Building/Room Address
Location of Items (Sold at Location): &0
Address
Contact Person: -T12AAI(-� Phone No.:.
Received by: Date:
Division Head or Authorized Individual Department Purchasing Officer State Surplus Property Agency
Hwy. 54 W.
Please mail check to Director, Division of Fiscal Management 1.3 miles from State Fairgrounds
Raleigh, North Carolina
White - File Copy Blue - General Services
Green - Budget Gold - Surplus Property
Note: All items must be properly tagged when turned in to the State Surplus Property
FORM DPF-23 (Revised 10-93) Warehouse as to name of agency, description of item and serial number.

The integrity of the lagoons on this site is questionable and there
is not adequate land onsite to apply the volume of waste quickly to
draw down the lagoons to a minimum acceptable freeboard nor to
obtain a certified plan from MRCS. Mr. Wall is trying to obtain
third party agreements for land application.
Please advise of any further information that you need to begin
this injunction process.
MCW:mcw:wall

ANIMAL OPERATION INSPECTION FORM
1. Date of Inspection: December 4, 1995
2. Regional Office: Fayetteville, Water Quality Section
3. Name of Owner Of Property: James Edwin Wall, Jr.
Coy of Deed attached.
4. Name of Operator: James Edwin Wall, Jr.
Address:5. Route
Box 109
M1r'1
IA ` r 1II
I,li. :, : , 1 i
7. Description of Facility Location, Map excerpt attached.
8. Date this facility began operation: 11' =Uious Qmmj, ME, Richard W. Bennett. began
j1eratiau i1i 19801 ding
the registrationfiled 1
Mr. Wall estimaWs he took over operation 011 July 22nd.. 1994. --Also see
coy of I&W 1 OwnershW.
9. Date of last expansion: The facility has not expanded since original construction, hilsed on
cements from Mr. Wall.
10. Has the facility registered with DEM YES .gNO_
If yes, date of registration March 12, 1993.
11. Does the facility have an approved Animal Waste Management Plan YES_ NOS
Is one required? YES— NOg
Date Approved:
12. Has this facility received a CAFO Designation? YES_ NO-&
If yes, date issued:

Page 2 of 7
13. Type of Operation: Swine. Farrow to Finishing
14. Number and type of livestock: 1440 top hogs.r Rigs. 300 nUrSlings,210 sgALmd
20 boars.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period.
Twelve (12) months.
lb. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? No fields are used for thu2ray application of waste material
although Mr. Wall does own a 4-5 acre field adjacent to the lower lagoon. Howeyer,-
there i no ppear to be any significant cover cm established on this —field at t e
time of the inspection.
17. Type of Waste Management System: Swine are kepi in total confinement free stall barns
barns with slotledfloors ing Ri1g. 3Yasteis flushed as needgd from floor Rit
into waste lagoon system, The lagoon system is CQMpgsed of two lagoons wilh one
(wing an upper lagoon directly accepting waste from the swine facility, and the other
being a lower lagoon (approximately 25'in total vertical elevation below the upper
r pit flushing rWall stated at Ibr, IiIne
of inspection, he has not and does not emplov anv tune of waste disnosal method (e.a.
18.. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters: None observgd or roorlgd to investigators at tim f investigafion,
19. Proximity of facility to neighboring houses, wells,, etc.: Jhefacility is approximately 300
yardsfrom the nearesthome, Another single familY bome is approximately1 000 YaLds
away. (Distances estimated with onsite investigation and verified by USGS Topo
MA
20. Approximate depth of ground water table in the area of the facility or discharge: Unknown
21. Proximity of facility to surface waters: Facility _(edge of lap
oon) is located annroximatelX
1000 feet from an Unnamed Tributary to Little Mountain Creek, Class M!!

Page 3 of 7
22. Animal waste discharged. Lv i:=
Witnesses: EdAL Buchan. DEM_WQ Fayetteville Regional Office [phone]_
Paul Rawls. DEM Wn Fayetteville Regional Office [phone],
Debrah Crandall, Richmond County Extension
Vilma Marra, RCS, Ricbmond County
BUrt Coffer,C Richmond County
23. Are pollutants discharged in the waters of the State? YE.
If so, how? At the time of the investigation_, swinewaste-wilsdischarging from the northwest
side of the u=rjagoon via an eroded channel which drained into the lower lagoon. The
lower lagoon was discharging at the east corner via an eroded channel which flowed into
a natural waterway that drained into an Unnamed Tributary. This Unnamed Tributary
flowa in o Little Mountain Creek Bo h discharge paths wgm visually c o heir
respective endpoints by DEM staff. It was observed that both discharge channels
appeared to flow in what were designed as emergency spillways. Also. see attached
USGS Topo Map and photographs.
24. Do or have discharges occurred' in response to a storm event less severe than the 25-year,
hour storm? YES, It is the opinion of the writer that discharges of waste occur routinely
due to thg apparentlack of any waste dislmsal system and the well-drfin9dnature f the
eroded conduits through which wastewater was discharging. In addition. Mr. Wall
indicated- _that _when hg purchased the pro rtrty_ in_ .qly of 1994, the lower lagoon was
discharging at that time and he temporarily bermed up the discharge point. It should be
noted that a secondary inspection was performed on 12/4/95 because Mr. Wall could_n
be located on the day of the initial inspection on 11/30/95, Mr. Wall was present during
the entire second inspection and accompanied DEM staff members when the discharge
pgLh5 were retraced, On the date of bolh inypaftgtions. it was not raiLning gn_ds e wa
traced -by a-completg and thorough investigation of the flow of wastewater to a Unnamed
Tributary, Also, see attached photographs.

Page 4 of 7
25. What is the .degree and extent of harm to the natural resources of the State, to public
health,or to private property resulting from the violation?: The discharge hascau-wAth
introduction of nutrients into the receivingr it r add to the
ggssibility of algal blooms, and accelerated eutrophication of the slow moving. 3yglers of
h i' rAlso,samples k indicate elevated fec coliform 1 1 own
stream of the facility.
Sample results:
2. Discharge from lower lagoon-]D#95WD 116923
3. Below lower lagoon-ID#95WD116924
1 Discharge from lower lagoon-ID#95WU126972
2 Below lower lagoon-ID#95WD126973
3. Upstream of discharge-ID#95WU126974
Coliform. Fecal / 100ml
25,000_
5.455
- 2,300--
<1
230
Coliform. Fecal / 100ml
38.000
20,000
18
270
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS
FOR MORE INFORMATION***
There
are no known public health issues at
this time.
Waste discharges of this nature
may.• based
on comments from Dr. M.A.
Mixson.
North Carolina DoWment .of
Agriculture.
Veterinary Division, transport
swine diseases
if conditions are suitable.
26. What is the duration and gravity of the violation?: Based on observations made during the
investigation DEM staff -observed discharges for approximately 3 hours on 11/30/95 and
for approximately 2 hours on 12/4/95. As previously mentioned, the well-defined eroded

Page 5 of 7
natureof the discharge channels indicated that waste had been frequently disQra_rgine_
for an extended period of time. Based on Mr. WWI's comments tbgt the lower lagoon
was dischargin2 whenhe purchasedoperation in July of 1224. wprobably
been draining into the unnamed tributary for at -least g year ands half. The discharge
is veiwed as the result of mismanagement of waste and neglect:
27. Water Quality Assessment: At the time of inspection the discharge was observed t4 be
relatively minor at the point it reached th_e_ u-ngmed tributary CJT.). making up
Mroximatelyo of total flowin the UT. No gxralion or algal- ar-owth
was noted when samples were taken at the paint of confluence.
28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup
activities would be recommended, Any cleanup yo.i_ld cause adverse impacts to nearby
wetlands, There has been no Loort of downstream im2acts outside the area of the
investigation.
29. What is the amount of money saved by noncompliance?: Based on observations made durine
the investigation, the farmer would either have to 12urcha5e additional acre on which
to land_a,�lv-the generated waste or lease_thellansfrom a third_ p.gy association, In
addition.dUg o the fact thatr 1 dogs not possn irriggdon Nuipm at. h
would have to spend money to construct -a waste pumping sysYm (force main) 1500 to
2000 fkg lone withi fild costs such as valves.head li hi
a cover crop and crop management, � VA
30. Was the violation committed willfully or intentionally?:
YES X NO .{
Explain: Bgwdon conversations with Mr. Wall, i_ ds- lear d t h
1411 L-LL144- 6• lU IM4111a Uy WIRLAI LV UIN12UNC Ul LIM WdNLG KrIL',-141LrU UV IRL5 1,f1L:111LY. L F
Furthermore. he made no visible attempt to address this problem which clearly lest' off.,
discharging of_waste from his lagoons. Because Mr, Wall did not choose to dispose of �^''
the animal waste in an acceptable manner, this office considers this a willful act. It
31. What is the prior record of the violator in complying or failing to comply with programs
over which Environmental Management Commission has regulatory authority?:
)Regional files contained no previous violations for_this farm.

Page 6 of 7
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$ 18.00
Mileage: 0.20 per mile for 270 miles:
$ 54.00
Fecal Co 'form, COD, BOD Analysis:
$ 559.80
n fount Co use as
Copies (B y )
$ 1.05
9.36
Ed Buchan 30 hours @�17.
$ 580.93
Paul Rawls 12 hours Q 6
$ 211.92
Michael Wicker P.E. (Supervisory Review)
1 hour @ 24.48
$ 24.48
Kerr T. Stevens (Supervisory Review)
$ 31.36
Attorney General Office Review
$ 100.00
Total $ 1,580.74
33. Type or general nature of business: Swine. ToppingQperation
34. What is the violator's degree of cooperation or recalcitrance: / C�
he receiving streamhe wasr h his IggQgns were discharging, -He also
expressed the desire to do whatever it takes to stop the discharge and come into
compliance.
35. Are there any Mitigating Circumstances?: NO
36. Assessment Factors:
a. IWC : Visually Estimated at 1 % at the intersection of the discharge channel from
the lower lagoon and the Unnamed Tributary to Little Mountain Creek at time of
investigation.
b. Receiving Stream : Unnamed Tributary to Little Mountain Creek
c. Damage Yes _ No x (Based on observations at the time of the investigation)
If YES, include report from Wildlife Resources Commission.
37. Include a copy of any Designation letter signed by the Director.
NIA

Page 7 of 7
38. Recommendations Made to Owner/Operator: At the time of the second investigation.
l- Immediately cease discharging and lower lagoon levels.
2- Take immediate action to establish proper spay field and obtain
additional acreage for spray application.
3- Contact Soil and Water Conservation_and_ _- _ or) to obtain
technical assistance.
39. Recommendations for further DEM Action:
�• • • •! . M R. .jl•, ••
• • • •j • •"NIM�' MarlAnTial
—Enforcement Ac•j
.. •. •
- Revocation of Deemed Status
40. Other Comments: Based of comments from Mr. Wall. the farm was in poor overall
condition when he purchased the facility from Mr, Richard Bennett in 1924 and most,
REgblems continued due to 12oor managemgnt and neglect, It should g1so be noted tha
several (10112 dead swine were observed. along with thr free -roaming lives ogk
animals, outside the swine houses, Mr. Wall has been taking actions to remedy his-
oneratigjL defdencies after the secondary insge&1i.Qrh

FF
rJ `` :J CorHiri-is .in Page 59
TROY 1 MOUNT GILEAD w
! 109
jo
DEL
kkt b
a lb
nd 9' Cr.k
uA
/ b ` /' n�^' i ' i�ri i = •' 1 11ti~.- t ` I �1 JJ ,d ^l � / !Irrr. ``� /�
�. jam•.. �\ ! r + / �' \`'�_,l fr'0 :.J �.
r \\ £p
Jon. � '+Ib .� , � 1 �" � • f ', 1 e `` , � r 7
1 f tT
1 ! I
�! - - -- _ _ N01✓Ifii- ►NOLIHA �/ �+a `' Marka ` y Rl HMOND,Q b
hies
srl
C
t

33. 'Type or general nature of business:
aoform
vol.K-1.
34. What is the violator's degree of cooperation (including
efforts to prevent or restore) or recalcitrance
(stubborness) : Ex�,
35.
Are therm -any Mitigating Circumstances:
36.
Assessment Factors:
IWC � �b
b . Receiving Strea yc
s
Damage Y �Ng5If yes, include report
from WRC
4 d,�scL.Ar
37.
include a cony of any Designation letter
Director
signed by the
N ��
38.
Reco en a ions Made to Owner/O er tarsi
`
' Fa. w►r.� 3
o r�
39.
Recommendations for Further DEM Action:
(Re -inspect,
Nov,
Enforcement Action, designate, etc.)-.
'ri
40.
Other Comments:
4

16.
Are crops, pasture, or post -harvest residues sustained in
the normal growing season over any portion of the lot or
f n e,1 1 1 *V7
17. Type of Waste Management (Examples: 1) type of confinement:
free stall barns, sheltered or limited shelter dirt lots,
paved or dirt open lots,houses, or pasture; 2) 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, stockpiling, contractor disposal, etc.)
18.
Description of other animal operations in immediate vicinity
and proximity to same or other surface waters: N�'
19. Proximity of facility to neighboring houses, wells, etc.:
20. Approximate depth of groundwater table in the area of the
facility or discharge: _Unk,n&ad
21. Proximity of facility to surface wa ers (provide name and
class pf surface, waters) : „�orr,&i� 114 rmil& +„ GLos
22. Animal waste discharge (including photos and witness' names,
addresses, t,elpphone.numbers and statements of fact).
23. Are pollutants discharged into the waters of the State? If
so, how? (directly or by man-made ditch, flushing systems,
op,other similar map -made device):
24. Do or have discharges occurred in response to a storm event
less severe than the 25-year, 24-hour storm? (If yes,
.include a brief listing of incidents and suspected causes.):
a
2

inspection Form for Animal Operations
(Note: Numbers 25-37 must be completed in order to
determine assessments)
1. Date of Inspection: M-0195
2. Regional Office: F
3. Name of Owner of Property: -y(Flwc,
(Check Register of Deeds or Tax Office)
4. Name of Operator: 1JAD .
5. Address:
trl�oryt✓► l�fC ZBIi 1
5. Phone Number:
7. Description of Facility Location (State Road Nos., etc.
B.
Date this facility began operation: 3„W 2-d,4 .M q
9. Date of last expansion:
Explain:
10. Has the facility registered with DEM? Yes i No
If yes, date registered l
11. Does the facility have an approved Animal Waste Management
Plan? Yes NoL.2�_. Is one required? Yes Nodate
Approved:
12. Has this facility received a CAFO Designation? Yes No K
if yes, date issued: VIn(p
13. Type of Operation (Examples: farrow to finish, topping:
dairy: beef, cattle: Poultry swine: breeder, layers or
broilers, turkey, etc.) : 1g40 toe kws Free�er e%.' y,330
Gure w 4-5 -r,tka ei�64-s X)u rL,'. ' s; l cn�
Ata ijows u
14. Number and type of Animals
k' S u# i 3 _
15. *Length of time animals have been, are, or will be stabled,
or confined and fed or maintained in any 12 month period.
1

25. What is the degree and extent of harm to the natural
resources of the State, to the public health, or to private
property resulting from the violation?: ,
26, What is the duration and gravity of the violation?:
27. 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). The effect on ground or surface water quanit
or quality or on air quality:
u er
<L ,.1. 1 ) .mw
o
28. What is the
cost
of rectifying the
damage?: iLakawln
d,
29. What is the amount of money saved by noncompliance?:
30. Was the violation committed willful ly/� r intentionally?:-,
Yes Now Explain: ,��� !►�1osf' 4'lao�� �3clno.„n�_.
4,1— W"
31. What is the prior record of the violator in complying or
failing to comply with programs over which Environmerital
Management Commission has regu atory authority:
Imo rf1 re "�� o r
32. What is the cost to the State for the enforcement
procedures?:. :` - ...,..,...__.,,,,.

Site Requires Immediate Attention:
Facility No. __ '77:16
DMSION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: I f 117. 1 1-,1996
Time: Z;oo P,14- ; .
Farm Name/Owner: a r
Mailing Address: (YIVVCA NC. 215111
-County: i c v> * ....^..
Integrator:_ 1Z C6 PA 10A _„ Phone:. 0 i o) G 5 Z- 5 B 9 3 _
On Site Representative: Phone:
Physical Address/Location: 3 Us. _°rr e- II t 4,- .-�;,r,�..�' _ � n 6 dory In
FI1 '
Type of Operation: Swine y,- Poultry Cattle
Design Capacity: 33130 Number of Animals on Site: a 4 4 Sao u ro 5a Zob000,
DEM Certification Number: ACE DEM Certification Num : ACNE
Latitude: Longitude:
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches) Yes orto
'Cp=Nas
Freeboard: C Ft. Inches &_4er
Was any seepage observed from the lagoon s 57 Yes o any erosion observed? s o�
Is adequate land available for spray? Yes o®N Is the cover cro equate? Yes No
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwelli a or No
100 Feet from Wells? 0 or No
ss the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes o(1
.Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue -Line: Yes o&N
Is animal waste discharged into water of the state by -made ditch, flushing system, or other
similar man-made devices? 639 or No If6, Please Explain.
Dees the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or � rv,., e. r e �,j erf, .Na t—_
Additional Comments: S,oMe_ w%A?, ura 4sr Iaas ie,06y_ -A Q,A'orl,� n 1AAt10VL
.SrGn__ \°lGAMA I-,T S — Y 0+c-rC. -t a .0 1ek- 1 1 'rrA—
Inspector Name
cc: Facility Assessment Unit
Signature
Use Attachments if Needed.

State of North Carolina
Department of Environment,
Health and Natural Resources 4• .
Division of Water Quality
James B, Hunt, Jr„ Governor
-Jonathan B, Howes, SecretaryEX=HNFZ'
A. Preston Howard, Jr,, P.E,,- Director
April 3, 1997 CSV®
James E. Wall APR 0 7 1997
Wall Farm
Marvin McCaskill Rd FAYETTEVILLE
Ellerbe NC 28338 BEG. OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Wall Farm
Facility Number 77--6
Richmond County
Dear Mr. Wall:
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;retum 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'ietter 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, N���� FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal FAX
Action Employer
Telephone [phone]M recycles/10% post -consumer paper

DIVISION OF ENVIRONMENTAL MANAGEMENT
Fayetteville Regional Office
December 19, 1995
TO: Steve Tedder, Section Chief
Water Quality Sec on
FROM: Kerr T. Steven , gional Supervisor
Fayetteville Regional Office
SUBJECT: Recommendation for Enforcement
Unpermitted Discharge of Swine Waste
James Wall Swine Farm
Rt 1, Box 109
Morven, NC 28119
Richmond County
Find attached a fast track enforcement package pertaining to the discharge of animal
waste from the subject swine facility. The attached inspection form -will detail the basis
for the action as well as serving as a list of assessment factors.
Also attached is a letter addressing revocation of the "Deemed Permitted" status for the
Director's signature.
If you have questions or comments, please advise.
EB/bs
Attachment ;
�z

—r .3tate-of-North Carolina
bepartment of Environment,
Health and Natural Resources 1 • •
Fayetteville Regional Office
James B. Hunt, Governor IDF=HNF;Z
Jonathan B. Howes, Secretary
Mr.' lames Wall
Wall Swine Farm
Route 1, Box 109
Morven, NC 28119
SUBJECT: Notice of Violation
Notice of intent to Revoke Deemed Permit
WaII Swine Farm
Farm Number 77-6
Richmond County
Dear'Mr. Wall:
You are hereby notified that Wall Swine Farm, which has been deemed permitted to have
a non discharge permit for an animal waste disposal system pursuant to 15A NCAC
2H.0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North
Carolina General Statute 143-215.1(b)(4)c, 15A NCAC 2H.0213 and 15A NCAC 2H.0217(d).
The violation was documented during site visits conducted on November 30, 1995 and
December 4, 1995. During the visits, a discharge from the lower of two waste storage
ponds was observed. The discharge was traced to an Unnamed Tributary of Little Mountain
Creek.
Within 60 days from your receipt of this letter, the Division of Environmental Management
Intends to revoke Wall Swine Farm's permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater.
2. Make any modifications needed to ensure there will be no future discharges.
3. Send in an approved animal waste management plan and have the attached
certification form completed. This form and a copy of your plan must be returned
to:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Wachovia Building, Suite 714, Fayetteville yam FAX [phone]
North Carolina 28301-5043 Nfm�C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 60% recycled/10% post -consumer paper

5
Mr. Wall
Page 2
Failure to comply with the above conditions will cause the existing wastewater treatment
system serving your animal operation to be considered being operated without a permit as
required by North Carolina General statute 143-215.1.
The facility may be deemed to have a permit following revocation if the former permittee
makes such a request in writing and the previously stated conditions are met to the full
satisfaction of the Director.
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land 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, or the North Carolina Cooperative Extension Service.
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 must apply for an individual
non discharge permit from the Division. Please find attached a permit application which
must be completed and returned if you wish to apply for an individual non discharge permit.
This permit, if issued, will contain monitoring and reporting requirements determined to
be necessary by the Division. This letter does not prevent the Division of. Environmental
Management from taking enforcement actions for this violation or any part or future
violations.
If you have any questions concerning this matter, please do not hesitate to contact either
Michael Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Region at
[phone] or Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
Attachments
cc: Kerr Stevens, Supervisor, Fayetteville Region
Richmond County Soil and Water Conservation District
Steve Bennett, Regional Coordinator, NCDSWC
Chris Walling, NCDSWC, Fayetteville Regional Office
Compliance/Enforcement File

t
STATE OF NORTH CAROLINA
COUNTY OF RICHMOND
IN THE MATTER OF
JAMES WALL
WALL SWINE FARM
FOR VIOLATIONS OF PERMIT
IA NCAC 2H.0220.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD
}
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
}
}
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr,, P.E., Director of the Division of Environmental Management (DEM), make
the following:
I. INDIN F :
A. James Wall operates a concentrated animal operation in Richmond County.
B. James Wall/Wall Swine Farm was deemed permitted on December 5, 1993, in
accordance with 15A NCAC 2H.0217(c).
C. On November 30, 1995 and December 4, 1995, DEM staff observed a
discharge of wastewater by Wall Swine Farm from an Unnamed Tributary of
Little Mountain Creek, which are Class "B" Waters, from a swine waste
holding pond.
D. James WaRlWall Swine Farm had no valid permit for the above described
activity.
E. The cost to the State of the enforcement procedures in this mattertotalled
$ L,5qA5

Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
M
A. James Wall/Wall Swine Farm is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. A permit for this animal waste management system is required in
accordance with 15A NCAC 2H.0217(a).
C. Unnamed Tributary to Little Mountain Creek constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge constituted making an outlet to waters of the
State for purposes of G.S. 143-215.1(a)(1), which Is a violation of the non
discharge permit.
E. James Wall/Wall Swine Farm may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not
more than ten thousand dollars per violation may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for
failing to. act in accordance with the terms, conditions or requirement of a
permit.
F. The State's enforcement costs in this matter may be assessed against James
Wall/Wall Swine Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties
in this matter.

Based upon the above FIndings of Fact and Conclusions of Law, I make the
following:
DECISION:
Accordingly, James Wall/Wall Swine Farm is hereby assessed a civil penalty of:
$ for discharging wastes to the waters of the State which
is a violation of 15A NCAC 2H,0202 and NCGS
143.215.1 W.
$ TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 1,559.15 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in
G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from -the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
1

ANIMAL OPERATION INSPECTION FORM
1 # 1 ,1 -111' 111*" o1. ='..-11VVWLI%j
2. Regional Office: Fayetteville, Water QuajiV Section
3. Name of Owner Of Property: JgMes Edwin Wall. Jr.
Copy of Deed attached.
4. Name of Operator: James Edwin Wall. 11.
5. Address: • 1
Bog 109
M11►'} NC 28119
Ir • ' ! 1 ! 1
1,1 1
7. Description of Facility Location, Map excerpt attached.
The swi a facility is locatcd al2nroximately fhae (3_,) miles 3YCst of Ellerbe. Take
TakeS1t1309 West out &F erbe and_take aji�ht onto SR13.1.4 (Marvin
McCaskill Rd). -Farm approximately 2 miles on the rigs
8. Date this facility began operation: 1' presious owner,! W. Bennett. began
owration IL 1 l2aQ accordina to the regimatio filed in '
h4r. Wall estimaigs br, took over apc[afiuri on July 22nd. 1994. Also see
copy of Deed 1 , !' ! 1
9. Date of last expansion: The facifily has not expandW since original cons(Mction, based
comments 1 # 11 Mr. WaIL
10. Has the facility. registered with DEM YES_ NOL
If yes, date of registrationMarch -12, 1993.
11. Does the facility have an approved Animal Waste Management Plan YES_ NOS
Is one required? YES...._ NO -IL
Date Approved:
12. Has this facility received a CAFO Designation? YES_ NOS
If yes, date issued:

Page 2 of 7
13. Type of Operation: Swim- Farrow to Finishing
14. Number and type of livestock: 1440 I= hogs. 330 feeder pies., 300 nurslings, .210 sows, and
20 boars.
15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained
in any 12 month period.
Tyyelyr. (l 22l months.
16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any
portion of the lot or facility? No fields are used for the spray-Mlt_ca 'on of waste material
although Mr. Walt does own a 4-5 acre field adiacent to the -lower lagoon- _However.
there did not appear to be any significant cover crop es blish?.d on this field at the
NA! SIAM
Ili! 1 1 L_ . • ! 1LL
(_ IMUT 1 1 1. 1. _! i1!.
off M
19
1 ! 11 _! !' .!e !1 } !1 !1 111 1 ._1 0 1 . ! 1I1 . 1!'_111
1 11 1I
18. Description of other animal operations in immediate vicinity and proximity to same or other
surface waters: None observed or reported to-invesfieators at time of investigation.
19. Proximity of facility to neighboring houses, wells, etc.:
„yards fwm the nearest home. Another sing family home is aooroximately1,000 yards
away. (Distancg estimated with onsite investigation and verified by USGS Tom
Map).
20. Approximate depth of ground water table in the area of the facility or discharge: Unknown
21. Proximity of facility to surface waters: Facility (edge of lagoon) is located a roxi a� tely
j_WO feet from an Unnamed TribujwZ�_to_LittleMountain _Creek. Class "B".

Page 3 of 7
22. Animal waste discharged. . !.
D-eb-rah Crandall, Richmond County E2dusion
Burt 1 1 i ! .!! 1 1 1 County
1' .M-.M.,1In
It3 a f- f _L' If' �1/! ._Z 1.'+ Lett- ■ I + '_ � i. / _!' /.'
11
.'1/! !' 1.' `IIt ■< 1 Le_'.1� a .t.' 1.1.1- t! � 11'I la !'. ■ 4. !
i1.'1. 1 Colt! tel. ■.A }. I . 1 1. 1 a_I. !•. 1. M ._! 1. 1l.1!'.1
I WPM
111d 1 _ i M 1M . 1 ■ .1 !. •1
11 1 / !1 ! 91- . 1' �1'1
t lal 1 71101 1 1 MIT 1 1
24. Do or have discharges occurred in response to a storm event less severe than the 25-year,
hour storm? YES_ It is the_oninion of the. writer that dischaaes of waste occ Lmutindv
1W 1 !
1 7. 1
11 e_I M1M,4,M II Me h. 1 v4 '
!�
1 _!• a i")
!" 1 1 _L'
1 tl'N►
1 1 "' 1'
!/ "1
_ 1l.e_tl
y1 11 .
1'M1111
1 It ` 1' ►/ / 111
!' '!._
/!!
111' /1 e_!1 t
1_l11e1 '�
'1_e !1'111:� ■ 1'! _I' 1 !• '
�.. t
11 _l
1.•
1 '!
1 11 1
e_L1 _I I 1 `t !
M_1!
1 _!' 1 1 . 1, , '1 . e 1 1 0 e 11.;.4

Page 4 of 7
25. What is the degree and extent of harm to the natural resources of the State, to public
health,or to private property resulting from the violation?: The discharge has caused the
inuduction of nutrients into the receiving stream,that will camSe or add to the
possibility of algal blooms and accelerated eutrnphication of the slow moving waters of
the --receiving stream. Also, samples taken indicate clevated fecal coliform Igmels down
steam gf the facility.
Sample results:
***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS
FOR MORE INFORMATION***

Page 5 of 7
1 �.I •!!'1 1.11,! ►. _!!• : '+ i! 1/ i � 11111'! _!� _!• 1 .'1�1(
• • 1_ 1. ! _ ! 1 _ ! 1 : !1 - + 1! 1 _a.l / • '1 1 + • I ! • + 1
a '! _! 1 !! 11 t !t' 11. 1 1 t'!' •._L� 1 •'
ulatively minor al the point it reached the unnamed tribul= (IM, making U
1 1 1. 1! !gly I % !of Imlflow in the UT.- * 1 liscoloration-or algal. I a<_!
28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup
activities would be recommended. Any cleanup would cttse_Ov_ = impacts to nearby
wetlands. There has been no report of downstream irnnacs. outside lbe, area of the
investigation,
o-Fi
1 J ! , 1 • �' .e!! .11l1. ! I:11, 1. <_11. 1
_I � \/, l 1 1 ' ! 1 1 # • 1 1 1! 1 1 1 1 ! _�_ a 1 _ 11 # ! !! / !! ! 11P
30. Was the violation committed willfully or intentionally?:
YES _.X_ NO._._
-! 11 1! /! . ITVUTNL E . _ IA- TIN1!!1 1
WIN 1 1 -1.1 • I. iIRRIMOMF 1 ! 1 .1` 1. . 1111
.1 M Id I \/ + 1 1 I I ! 1 1 1! 7# 1. 1 I e l !! . '1.' ! •. I
MGM #1KIIIJ FA !!I1I• III", I RIM 1 1• 11 11,112111111,14 IRRIF a l_ 1 !1 1 1
1• II "+. _I! R IT l I I M 174 96r 74. I ! 15 ff OTOT FM14 M, IT 5 P"I 8.1 R • 1111 1 II I
31. What is the prior record of the violator in complying or failing to comply with programs
over which Environmental Management Commission has regulatory authority?:
Regional files contained no previous violations for this farm.

Q
Page 6 of 7
32. What is the cost to the State for the enforcement procedures?:
Regional Costs are as follows:
Photo, film and developing:
$ 6.00
Mileage: 0.20 per mile for 270 miles:
$ 54.00
Fecal Coliform, -COD, BOD Analysis:
$ 559.80
Copies (Bladen County Court House)
$ 1.05
Ed Buchan 30 hours @ $17.751hr
$ 532.38
Paul Rawls 12 hours @ $20.841hr
$ 250.08
Michael Wicker P.E. (Supervisory Review)
i hour [off $24.481 hr
$ 25.93
Kerr T. Stevens (Supervisory Review)
$ 31.36
Attorney General Office Review
$ 100.00
Total $ 1,559.15
33. Type or general nature of business: Swine. Tong QI&ration
34. What is the violator's degree of cooperation or recalcitrance:
Mr. Wall was ooe�scussio ;oncerning the discharge find ,relayed .that he was
concerned about the discharge. He stated that he did not intend for the waste to go into
the receiving stream and he was not aware that his lagoons were discharging. He also
=essed_the desire to do whatever_ it takes to stop_jhe discharge and go -me inju
cow lie.
35. Are there any Mitigating Circumstances?: �Q
36. Assessment Factors:
a. IWC : _Visually Estimated at 1 T at the intemEctian of the discharge channel from
the lower lagoon and the Unnamed Tributary to Little Mountain Creek at time of
3AY�S.#F4Q.,.
b. Receiving Stream : Unnamed Tributary to Little Mountain Creek
c. Damage Yes _ No _x- (Based on observations at the time of the investigation)
If YES, include report from. Wildlife Resources Commission.
i

Page 7 of 7
38. Recommendations Ma1 1 Owner/Operator: At The time of theI.41 investigation.
Immediately discharging —and / 'l.pl
immediate2- Take _It to =ablish 1 Ili. spmy ficld •_4+ pp_,!
additional acr6age 1.-application.
Contact 1_ _41WaigrConseryation. to obtain technical assi1_ 4 '
39. Recommendations for further DEM Action:
1 Other Comments:Band on comments from Mr. Wall. the M1.4. 4 por overall
condition when he purchased _I' facility 11l.! Mr. Richard -Bennett .11994'and--most.
if -not ill. of -the current problems already existed prior to The Purchasc. Homever,
Mr. Wall did not make sufficient stridcs to coaccl W5 situation and the dischargc
problems cpl 4.'d due to poor -management -and neglect, It shouldalso be noted th

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Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, INC 28303
[phone] / [phone] (FAX)
AIR • FUEL WATER • FOOD
NC 911
NC 937711
USDA #3787
• WASTES
jDFC Yl CERTIFICATE OF ANALYSIS
. CERT 91541E
ENV, MANAG* E fft `
�kiYETTEvILLE FOG. OF#
tIENT: NC DEN[ DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachavia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 26301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: 9101003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Discharge from upper lagoon - ID 995WU116922
2. Discharge from lower lagoon - ID 995WD116923
3. DATA REVIEWED BY: fi
4. DATE REPORTED: 12/07/95
+t+ti++t+tt++tiiti+ti+t+ittitttitt+ititittt+itt+it4itttititiiittttttti#tttttttittttttti+ii
ANALYSIS METHOD 1 2 3 4
itiiiiiiiti*###Hitt#ttttttktttttHitt*ttttiittttiititiiiittttttitiititttititttttitti+titt
1,1,PBOD (mg/L) -
EPA 405.1
77.1
192
?�.-); OD (mg/L)
EPA 410.4
280
860
-;2 COLIFORM, FECAL (per 100 ml)
SM16 909C
35000
5455
COMMENTSt < - Leas than
> - Greater than:
PAGE 1 OF 3
s
Tha data and other htbrma m omfthW an ft. and c@w a000nrpan0r q do =ft, r- pr - M only ttr aamv' (s) aaatym and Is MEMBER
Wdstid upon the amghkm 00 h it M to bo rrt{ m*Md wh Oy a In put Iu 6&*nWnp or odMr purpose wpheut wMmn SXN"
Gam"la6m ". ! ` ;.
USDA•EPA-N10SH T*Wg FaW 8@nftxdon Cartsulling ' Chw tl W erW MWrobi ftW An*m utd Research

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR FUEL • WATER FOOD • WASTES
CERTIFICATE OF ANALYSIS CBRT #15419
EMI. MANAGEMENT
.FAYETTEVILLE REG. OFFICE
yam-.
CLIZNT: NC DEK DATE REC'D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachavia Building, Suite 711 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Below laver lagoon - ID #95WD116924
2.
3. DATA REVI EWED BY: ,..,..�,..
4. DATE REPORTED: 12/07/95
aaaaaaraaar+arrrar+arrrtr+ttttattat+aaa+aaa+ra++ra++a+tfa++aaaaa+a++eaten+rarrtar,atrratttr
ANALYSIS METHOD 1 2 3 4
ttratartatt+tat+nett+*t+tr++++aaa*aaaaaaaaaaaaaa+aaaaarrtararrtaarar+aartrratrrtrraraattat
SOD (mg/L)
COD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS: < - Less than
> - Greater than
EPA 805.1 11.8
EPA 410.1 135
SM16 909C 2300
The data and Other lntommOan oonfalnod on Ihh, and other ao M anylnp documents, repneam ordy the eampla(s) anWtzpd and Is
rendered upon them 1111on that h is not to be nproduaad whoky or In part for advsnWnp or other purpoeee WOW w ftn approval
"m ttM laboratory.
USDA•EPA-NIOSH 7aaft food 9an)tatbn WwAnp Chw%W anti MWmbbl kmJ Amiyam and Rnowv t
MEMBER

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] ! [phone] (PAX)
AIR * FUEL WATER * FOOD
NC #11
NC #37711
USDA #3787
WASTES
CERTIFICATE OF ANALYSIS CERT 015420
ENV. MAf MPI 1ENT
FAVZ T6iLE REG. QFF��M
i ~t.
CLIENT: NC DPI DATE REC•D: 11/30/95 SAMPLED: 11/30/95
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #KN003 REFERENCE: Wall'Q Farm
SAMPLE ID:, 1.:Upstream of discharge - ID 095WU116925
2. Downstream of discharge - ID #95WD116926
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/07/95
ANALYSIS METHOD 1 2 3 4
t+�+��*ti♦•i+s++s+++++++*t**a��a+s++ttt*•t+t+t++*tat++•t+it+*t++tt+++•t+it++�++tt++ta+ttat
SOD (mg/L)
COLIFORM, FECAL (per 100 ml)
COMMENTS: < = Less than
> - Greater than
EPA 405.1 1.33 3.59
SM16 909C <1 230
PAGE 3 OF 3
The data and Debar �Morrnadmi orntlalnd on tlra and otlur eoaompanylrp doaumerta repasem orry the sampa{aj +� M E M B E R
rendered upon the son ban that his nal to be nprodi osd wtOy win pan Iw adardatrp or alhar purpo " wow wkwappWal
Iron tha laboratory. �
USDA-EPA-NK)SH TW ft Food SaNvdan Cara ftnp , Chm" and Mlaoblolopleal Anal m wb Rosawch

CLIENT: NC DEN!
Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY
817 CASTLE RAYNE STREET
FAYETTEVILLE, NC 28303
[phone] 1 [phone] (FAX)
AIR • FUEL WATER • FOOD
CERTIFICATE OF ANALYSIS
NC #11
NC #37714
USDA 83787
• WASTES
CERT #15468
DATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachavia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: #IW003 REFERENCE: Wall's Farm
SAMPLE ID: 1. Discharge from lower lagoon - ID #95WU126972
2. Below lower lagoon - ID #95WD126973
3. DATA REVIEWED BY:
4. DATE REPORTED: 12/11/95
itti++i+ttt+++*tt+itiiiittit++i+i+itiitiitti+itii++tiitttiitii+lilt+i++++litt+++++iiii+++♦
ANALYSIS METHOD 1 2 3 4
♦+tttttktittiktiti****t**tttiitt*ttttiitt*tttiiiitititttiitittiititiiititttt**it+tt*tittti
BOD (mg/L) EPA 405.1 201 73.8
COD (mg/L) SPA 410.4 621 128
COLIFORM, FECAL (per 100 ml) SM16 909C 38000 20000
COMMENTS: < Less than
> - Greater than
DEC 15 WS
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
PAGE 1 OF 1
Ths au ub amrrr Into e"m aons rm on oft and othn taomr m"yN wwmngs, mpmerd oraly trr stmplr(s) Rm1t=d Brad k
mndsmd upon dM ao OOM VW p Is nO to be a "&Md wh* a In part to ad+hnhlnp of Wm WrpOW w0w.A wrtlton rapp W4W
*om th/ 7.
USDA-EPANIGSH Too" Food ftnbt on Comm" ChW" imd Mbmbiolo kW AnWym VW Re Wah
MEMBER

Microbac Laboratories, Inc.
MICROBAC ENVIRONMENTAL LABORATORY NC #11
017 CASTLE HAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
AIR • FUEL WATER FOOD WASTES
CERTIFICATE OF ANALYSIS
CERT #15161
CLIENT: NC DELI DATE REC'D: 12/04/95 SAMPLED: 12/04/95
ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: P. Rawls
Fayetteville, NC 28301 DELIVERED BY: P. Rawls
CONTACT PERSON: Mr. P. Rawls SAMPLE CODE: Waste water, Grab
ACCOUNT NUMBER: OKNO03 REFERENCE: Wall's Farm
SAMPLE ID: 1. Upstream of discharge - ID #95WU126974
2. Downstream of discharge - ID #95WD126975
3.
4.
DATA REVIEWED BY:
DATE REPORTED: 12/11/95
ANALYSIS METHOD 1 2 3 4
aaa+t++aaaaa++aaa+aa+t+aa�+aaaaa++a+++aaaaaa+ata++a++taaaaaaaaaa+a+++++a++++aa+aaaaaaa++++
SOD (mg/L) EPA 405.1 6.6 1.4
COLIFORM, FECAL (per 100 ml) SM16 909C 18 270
COMMENTS: < - Less than
> - Greater than
U:�
DEC 15
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
PAGE 1 OF 1
7M dur &M dhsr weanr4ftnaordalmd on m. wo odw &oocmpuryrtnp dw umsms, nprasM omy dy umpt.lq nnalypd urd Y
nnd.r.d upon MM too 40m V0 his not to be npmo&=d wh00y a 1n put Im advaRbitp or opnr purpp... wKhoW wrM*m 8W0v�
hom tM lahown.
USDA-EPA-N10SH T9stlnp Food Sanftgon ConwNEnp Chaft al and Mkrobiobpbaf AnW" and Raaaaroh
MEMBER

Department of Environment, Health and Natur ti5Xeso *O
Division of Environmental Manage
water Quality Section
If the animal waste management system for your fe o''
designed to serve more that, or equal to 100 he f of ca' 75
horses, 250 swine, 11000 sheep,- or 30,000 birds th �d by
a liquid waste system, then, this form must be filled - mailed
by December 31, 1993 pursuant to 15A NCAC 211.0217 (c) in order to be
deemed permitted by DEM. Please print clearly.
Farm Name: �L±
Mailing Address
County
Owner (s) Name: r A IJ R
Manager(s) Name:
Lessee Name:
Farm Location (Be as specifi as pos ible:
milepost, etc.):
Jad names, direction,
Latitude/Longitude if known: 131 -7q L 7,35
Design capacity of animal waste management system (Number and type
of confined animal (a)) jda ggcc= f ZerA raAw-,Ar .
Average animal population, on the farm (Number and. type of animal (a)
raised) : .2�'° ss? a' Z7010
Year Production Began: if= ASCS Tract No.:
Type of Waste Management System Used: 00`4
Acres Available for Land Application of Waste:
Owner (a) Signature (s)
--
w

.~ 858 *%235
efar>foMs
tl-as-M
>tfi6 . fiB
..
FILED
DOOR Ia-P,Drjx
VA" OF
OJA
Real
F�cGisa Tax TBX
,� � a 16 ill IN
pA15'f i'. r;:a0M51.0
R1415TER OF DEEDS
RICHMOND CO- 00
0384t
saw Ter f044 ..
aecr dine r1ow. seek and 11ge
Tartat No......... »............ _.... __»....._...._......... ............. ».... Parcel Identifier No................................................_....._......
Veruw bg........ ............»..--......._......... ...... _ ... .... coasty as the .......,»..» day of
b_ ._......:. »._ » ............. .»._......................... ...... ... ....._.» »..._...... _........._ _ ....._ ._.........
Bail after recording to ................ Jaoss..Z...Wall....J.r..........................._.M.»...».»»........... __._....... ....... ...._......... ....
. -...._
».».........................Rt....1.R...Box».1.09!...linevane...1�C2B1 _µ19»...........__.__..,..._-....».................. .....
. 01
This lnatrusuaat was prepared by ......... ........ �?.4mps...��... Mall,... Jr .._»._............»....... ..... ....... .....»..... ,...
.... _
Brief description for the fader
NORTH CAROLINA GENERAL WARRANTY DEED
THIS OECD made this ................ day of .,..••e1AY..—.......... by and between
GRANTOR . i GRANTICB
Richard Mayne Bennett KRA James E. Mali, 3r.
Richard M. Bennett, ridotrer, Rt. '1, Box 109
of Richmond County, NC I Norven, NC 28119
refer is apereprlsk biq# rw each earrre newt, addra s, set, tt apProyrtara, WeLmar.r of oerMr, 64 nrvwbilsa OF Vs"0"*W
The destgsatlon Grantor and Crant'e'!s� �a�s used berate shall Include said parties, their heirs, successors, and &sell" and
shall lnslude. singiilas. plural, mwulinn, feaalaina ai Sauter at requirad by enatasi
WITNESSETN, that the Grantor, for a valueNt consideration paid by the Grantee, the receipt of which to hereby
acknowledged, has and by these presents dou grant. bargain. rill and convey onto the Crantte In fa almple. all that
eortain lot or parcel of land situated In the City of ................... . .............1 1UJn9XA11..liPr1n9A.. Towaehlp,
. .Richmond County. North Carolina and mare particularly described as folieweo
029 BCBEDVLZ &
K C aer Armor. qrw rrs 1 • fete, �r.srd • rH7
NYeMer Arew"d s oft*& so Anodic-• ew' . Wene6eea .16 o. ueso. AdrW rc rAld"M

Does the facility to
<100 had of cattle
W..000SKO
with a
No
Has the facility:abrt>}tted
a tt ion?
Yes
Is the facility a imew N°
operation or 2)one ttgoircd to
a plan early? ,
Yes
Yes --0- have d tacit Yes met? No ped1yOV
�, S r action to
system? rioagrownicrota be taken within a
-setbacks Specific timerrame,
No Anadpn ent 14
v
RL Assessment DEEMED PERMR'IL'D
Attachment s No rump Balm rp qui cd
2.3&4 ["� \\ I
Does it have an animal No ©- Assessment
management mpt plan? Attachments
3.6&7
Yes
Is it in eomplinow with the No
011107
N Ya
Daum m1mmirrim NOV
No farther active required &/Or
VIP Assessment
ARadunents 12 dot
rjDEEMFAm PERMMIEDNo fwthrx anion mpirad
yei I
Was it willful] or CP Assessmentintentional? Yes rAttachment 9
Is the radilltyy a No NOV - nose Deemed Permitted Status
previously design Submit Waste Mangement Plm In 60 Days
CAFO? Attachment 10
Yes if d s occx prior
to plea su err if no
CDplan submitted within 60 days
Asscssmed
Altadhpcat 8
Operate a Tmamcxrt Works
wJo a Permit Asscsgnent
Attachment 11
3
0

DEPICTION OF FACILITY AND SAMPLING POINTS
**Not to Scale**
SR I's14
4+,. er j
�1r. does awn /
cesQ
�wv
� kFouszs
I
i 00%U
6 mi., W
.k
1+
��nam1t�d
Tit bV-SR
-6t uw�
KDW1 W11
cr,eR .!
taf
ti

1 ' State of North Carolina
Department of Environment,
Health and Natural Resources.
Fayetteville Regional Office
.lames B. Hunt, Jr., Governor CC
Jonathan B. Howes, Secretary C H N
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 14, 1993
RETURN RECEIPT REQUESTED
James Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: Notice of Violation
Follow-up Investigation
Unpermitted Discharge of Animal Waste
James Wail Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This letter is in response to the follow-up inspection conducted December 4, 1995.
The follow-up inspection conducted by Burt Coffer, Richmond County Cooperative Extension
Service, Vilma Marra, DC, NRCS, Ed Buchan and Paul Rawls, DEM Fayetteville Regional
Office revealed that discharges of waste from the two waste lagoons on site was still occurring.
The discharges allowed waste to enter an Unnamed Tributary to Little Mountain Creek, Class
B Waters.
Please be reminded that allowing a discharge to take place without the appropriate permit
you are in violation of at least NC General Statute 143-215. 1 (&)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;"
The purpose of this letter is to again advise you, (1) To cease all unpermitted discharges
of waste from your facility, (2) Take immediate action(s) to prevent discharges in the future, (3)
That a report will be forwarded to the DEM Compliance Group with recommendations for
enforcement actions, (4) That recommendations will be forwarded to the Director of
Environmental Management for the revocation of the "Deemed Permitted" status of your facility.
-continued-
Wachovia Building, Sulte 714. FaryeftwAlle. North Carolina 28301-5043 Telephone 910.46�-1541 FAX 910.4M.0707
An Equal Opportunity Atfirmative Action Employer W% recycled/ 10% post-con"ner paper

Mr. Wall
December 14, 1995
Page 2 of 2
, You will receive correspondence requiring you to submit an approved and certified waste
management plan in the near future. The plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at [phone]
to obtain technical guidance in order to receive a certified waste management. plan.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further enforcement actions.
It is requested that you forward to this office on or before December 27, 1995 the date
the discharge ceased, actions taken to prevent similar discharges from reoccurring and what
actions have been taken to obtain a certified waste management plan.
It is recommended that you immediately contact this office should you need additional
information or clarification concerning this matter. Please do not hesitate to contact Mr. Michael
Wicker, P.E., Regional Water Quality Supervisor or Mr. Buchan at [phone] if you have
questions.
Sincerely,
K c�
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Vilma Marra, MRCS, Richmond County
Ed Buchan, DEM Fayetteville Regional Office
Chris Walling, Division of Soil and Water Conservation

i
Animal Mortalities and Free•Roaming Livestock

Berm Separating Lagoons
Berm Separating Lagoons

•!• ;. •I �' d � cif .�.'4�,� � o{��"' •i �4r'• bry '
r • : r • /� i tit • �:"'` =°`r'/
` r +
Unnamed
Tributaty at Wasite EntrancePoint
.i J'+ �:I.rC4• _.• _•�►�..j •%. {h�•.�Z'+r R r.45j ,[•f',��.
M rot
,• i ~� � �''1'i lIr"I x`r'i•, ,��3l aw *`' ; X '�.i-. i• r• ' .y •ti�.r
. nor ��: r ,. ,.y r � �•';
�`: ,�'~ � .� lw i C •• ~ `�i may,?/�
I'@` , r• , :� � � mil ' ,w- �� �, !.

Discharge Path From Lower Lagoon
Discharge Path From Lower Lagoon

Lower Lagoon Discharge Point
(sampling point)
Lower Lagoon Discharge Point
(sampling point)

Lower Lagoon
Lower Lagoon

Discharge Path From Upper Lagoon
Discharge Path From Upper Lagoon

Jr

State of North Carolina 'r
Department of Environment, IT '�A
Health and Natural Resources
Division of Water Quality A&4
a�
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary Q E H N
A. Preston Howard, Jr., P.E., Director
October 31,, 1996
MEMORANDUMp9c
llvL0
TO: Mr. Dan Oakley., Esq.
Special Deputy Attorney General -Nov 5 i996
FROM: A. Preston Howard Jr
?6 ENV. MANAGEMENT
SUBJECT: Request for Collection of Penalties FAYETTEVILLE REG. OFFICE
Please initiate collection proceedings for the case listed below. The assessed party has
neither paid the assessment nor requested remission within thirty days as required for my
consideration. Copies of the certified mail return receipts and Certifications from the Office of
Administrative Hearings have been attached to the copy of the corresponding assessment.
Violator
James Wall
Case Number
DD 96-01
Date Assessed
8/27/96
Date Received
9/2/96
Thank you for your assistance in this matter. If you have any questions, please call
Shannon Langley at 733-5083, ext. 581. '
ATTACHMENTS
c:�c-� F.ayettville RegiflnaI Water Quality SupervsQ.r
Steve Tedder
Shannon Langley
Case File #DD 96-01
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

Mate of North Carolina 174 2J
Department of Environment,
'Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E3
A. Preston Howard,' Jr., P.E., Director
August: 29, 1996
CERI=D MAC
RETURN RECEIPT REQUESTED
Mr. James Wail
James Wall Swine Farm
Route 1 Box 109
Morven, North Carolina 28119
SUBJECT: Assessment of Civil
Penalties for Violation(s) of
- 15A NCAC 2H .0217
Richmond County
File No. DD 96-01
Dear Mr. Wail:
This letter transmits notice of a civil penalty assessed against iVIr. Jaynes Wall in the amount
of $9,062.92 including $2,062.92 in investigative costs,
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include ►vaiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 500% recycled/ 10% past -consumer paper

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

Failure to exercise one of the options above within jbigy days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised -that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Fayetteville Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

, STATE OF NORTH CAROLINA
COUNTY OF RICHMOND -
IN THE MATTER OF
JAMES WALL
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-01
FINDINGS AND DECISION
AND ASSESSI MNT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
- • 4
A. James Wall owns and operates a concentrated animal operation in Richmond County.
B . James Wall / Wall Swine Farm was deemed permitted as a nondischarge facility on
February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On November 30, 1995, December 4,.1995 and February 21, 1996 DWQ staff
observed a discharge of wastewater from [he Wall Swine Farm secondary lagoon to
an unnamed tributary of Little Mountain Creek, which are Class B waters of the State.
D. James Wall had no valid permit for the above described activity.
E. . The cost to the State of the enforcement procedures in this matter totaled $2062.92.
Based upon the above Findings of Fact, I make the following:
I.I. CONCLUSIONS OF LAW:
A. James Wall is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. The unnamed tributary to Little Mountain Creek constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
D. The above -cited discharge is a violation of the nondischarge permit.

• • E. James Wall may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($1,0,000,00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against James Wall
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Water Quality pursuant to delegation provided for by G.S.
143-215.6A(h), has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECI�IQN:
Accordingly, James Wall is hereby assessed a civil penalty of:
S d as • for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on November 30, 1995.
$ 6�; 0-arZ d 0 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on December 4, 1995.
$ 3 ' for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217 on February 21, 1996.
$ `7 TOTAL CIVIL PENALTY, which is 213 percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 2062.92 Enforcement costs
S 90 (0Z . 9Z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E., Director
l - Division of Water Quality

P •''579 198 903
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PS Forrn 811, December 1994 Domestic Return Receipt

STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
October I7, 1996
Robert L. Sledge, Supervisor
Compliance Group
N. C. Department of Environment, Health
and Natural Resource's
Water Quality Section Compliance Group
Division of Water Quality
PO Box 29535
Raleigh, NC 27626-053 5
RE: James Wall Farm/DD 96-01
Dear Mr, Sledge:
In response to your letter, please find enclosed a Certification signed by
Julian Mann, III, Chief Administrative Law Judge, Director of the Office of
Administrative Hearings.
Should you have any questions please feel free to give me a call.
Attachment
Sincerely,
Dean E. Coley
Chief Hearings Clerk
RECEIVED
WATER QUALITY SFC110H
O 1 2 1 14grt
OPERAT1ONc, RPAn ". .
POST OFFICE DRAWER 274471 RALEIGH, NORTH CAROLINA 27611-7447
RULES: 919/733-2678 ADMINISTRATION: 9191733.2691 HEARINGS: 919/733-2698
FAX: [phone] FAX: [phone]

STATE OF NORTH CAROLINA
� J i
• COUNTY OF RICHMOND
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
CERTIFICATION
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases Filed pursuant to G.S. 150B-23(a), that he has made a diligent
search of the records of this Office and has found that through October 2, 1996, no open petition
exists that was filed by Fames -Wall sufficient to commence a contested case concerning the matter
of discharging swine waste to the waters of the State in violation of 15A NCAC 2H .0217.
This the /S' day of Gt lubrr )1996.
NORM
Julian Mann, .1
E 'ef Administrative Law Judge
9A .�r_s Director
A

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1011rJ1;YL•1,go] 2Vkill a$]NM4LI 13 a UVENZLTC]auTta kI
January 23, 1996
S.�RTIF�ED,1,�iAIL
RETURN KECEIPT REQUESTED
James E. Wall
Route 1 Box 109
Morven, NC 28119
SUBJECT: Follow up investigation
Waste Discharge Prevention
Certification & Compliance
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall,
This letter is in response to the follow up inspection conducted on
January 17, 1996. The inspection conducted by Ed Buchan of the DEM
Fayetteville Regional Office revealed that neither the upper lagoon nor
the lower lagoon had the necessary one (1) foot of freeboard and seven
(7) inches of storage and were both in danger of discharging waste again.
It was also noted that the berm constructed to prevent discharge of waste
from the upper lagoon was still allowing a small flow of waste to seep
through. At the time of the inspection however, the lower lagoon was not
discharging:-O lie cl's%harge point had also been addressed via a sandy
berm. It was confirmed by the Richmond County NRCS that some pumping had
occurred and there was pumping equipment present at the lower lagoon.
However, it appeared some waste water had been spilled in the vicinity of
the pumping station and drained off into the woods. It is strongly
recommended that the pumping of the waste water is carefully regulated to
prevent any further discharges to the surface waters of the State.
As per our conversation on the date of the inspection, it is extremely
important that you address the following subjects to prevent any further
waste discharges:

0 el
Mr. Wall
C� . 4
Page 2
1/23/96
1.) Pump both lagoons down to safe recommended levels via<<
the spray application of waste water on a field with
vegetative growth. It is not recommended that you
apply waste on your adjacent 3-4 acre field as it has no
kip+5 �y ar"
established cover crop and is severely sloped which can 'IJJ,
r L 1-
cause further discharges from runoff.
' ,
tJk C\
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2.) Place additi4w l on upper lagoon berm to prevent
further seepage. GL,�.A�
3.) Contact NRCS immediatel and on a regular basis V update
them on your status.
'x
Please be aware it is a violation of North Carolina General Statutes
3
to discharge waste water to the surface waters of the Sate without a permit.
The DEM has the authority to levy a civil penalty of not more than $10,000.00
per day per violation.
If you have any questions concerning this matter, please contact either
d 4-
Ed Buchan at [phone] or Vilma Marra of the NRCS at [phone].
�.
Thank you for your time and consideration.
�^
Sincerely,
cv
Ed Buchan
Environmental Engineer 1
i
cc. Chris Walling
J
Steve Bennett
Vilma Marra
pCC�Gty
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PRFV A I L. IN( i WEATHER (on the daze of losparlicia) � i L-1.) I rld 4�.. o i
DiSCHARGE OF WASTE )WAIENZ w
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State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
�EHNF 1
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 1, 1995 r4y �2 2b
RETURN RECEIPT REQUESTED �I
James Wall
Rt 1 Box 109
Morven, N.C. 29119
Subject: NOTICE OF VIOLATION
Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall: '
This is to advise you that an inspection was conducted of your swine farm on November
30, 1995. The inspection, prompted by a citizens complaint, revealed an unpermitted discharge
of waste from the waste lagoons. The discharge allowed waste to enter an Unnamed Tributary
to Little Mountain Creek, Class B Waters. Also the investigation revealed at least 14 dead swine
deposited near to the confinement buildings and at least one animal (swine) roaming freely
around the buildings and lagoons.
By allowing this discharge to take place without the appropriate permit you are in
violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that:
'No person shall do any of the following things or cant' out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make. any outlets into the waters of the State;'
The purpose of this letter is to advise you, (1) To immediately cease all unpermitted
discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the
future, (3) That a report is being prepared and will be forwarded to our Enforcement and
-contiaued-
Wachovia Building, Sulte 714, Fayetteville, North Carolina 28301-5043 Telephone 910-48&1541 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ I DX post -consumer paper

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State of North Carolina
Department of Environment.
Health and Natural Resources Aga
Fayetteville Regional Office
James B. Hunt, Jr., Governor Q. -
Jonathan B. Howes, Secretary ED E H N F=?t
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
December 1, 1995
James Wall
Rt 1 Box 109
Morven, N.C. 28119
Subject: NOTICE OF VIOLATION
Unpermitted Discharge of Animal Waste
James Wall Swine Farm
Marvin McCaskill Road
Richmond County
Dear Mr. Wall:
This is to advise you that an inspection was conducted of your swine farm on November
30, 1995. The inspection, prompted by a citizens complaint, revealed an unpermitted discharge
of waste from the waste lagoons. The discharge allowed waste to enter an Unnamed Tributary
to Little Mountain Creek, Class B Waters. Also the investigation revealed at least 14 dead swine
deposited near to the confinement buildings and at least one animal (swine) roaming freely
around the buildings and lagoons.
By allowing this discharge to take place without the appropriate permit you are in
violation of at least NC General Statute 143-215. 1 (a)(1) which states in part that:
"No person shall do any of the following things or carry out any of the following
activities until or unless such person shall have applied for and shall have received from
the Commission a permit therefor and shall have complied with such conditions, if any,
as are prescribed by such permit:
(1) Make any outlets into the waters of the State;*
The purpose of this letter is to advise you, (1) To immediately cease all unpermitted
discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the
future, (3) That a report is being prepared and will be forwarded to our Enforcement and
-continued-
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Wall
December 1, 1995
Page 2 of 2
Compliance Group with recommendations for enforcement actions, (4) That recommendations
will be forwarded to the Director of Environmental Management for the revocation of the
"Deemed Permitted" status of your facility.
As this office does not make final decisions in these matters you will be notified in the
future of the outcome of this case.
Also, you will receive correspondence requiring you to submit an approved and certified
waste management plan in the near future. The plan will require specific details relating to waste
management strategies. You are strongly urged to contact Vilma Marra, NRCS at (910) 997-82"
to obtain technical guidance in order to receive a certified waste management plan.
Please be advised that failure to address this or future violations in a timely manner may
subject you to further enforcement actions.
It is recommended that you immediately contact this office should you need additional
information or clarification concerning this matter. Please do not hesitate to contact either Mr.
Michael Wicker, P.E., Regional Water Quality Supervisor or myself at [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Diane Williams Wilburn, DEM Compliance Group
Debrah Crandall, Richmond County Cooperative Extension Service
Tommy Jarrell, Richmond County Health Department
Vilma Marra, NRCS, Richmond County
Dr. George C. Edwards, NCDA Veterinarian Division
bcc: Chris Wallirgs, DSWC

to SENDER:
'y • Complete items 1 and/or 2 for additional services.
rn • Complete items 3, and 4a & b.
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• Attach this form to the front of the mailpiace, or on the back if space
does not permit.
IV
I also wish to receive the i
following services (for an extra 40
v
foe):
�r
1. ❑Addressee's Address fA
• Write Return Receipt Roquested on the mallpleco below the article number.
• The Return Receipt will show to whom the article was delivered and the date
o delivered.
2. ❑ Restricted Delivery
Consult postmaster for fee.
•3. Article Addressed to:
4a. Article Number
m MR JAMES WALL f,
Z 125 244
284
T& 208 MARVIN MCCASKILL�ROAD
4b. Service Type
° ELLERBE NC 28338
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❑ Registered
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7. Date of Delivery
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and fee_ is paid)
¢ 6. Signature {Agent) t
twos-35zat4 DOMESTIC RETURN RECEIPT
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y • Complete Items 1 and/or 2 for additli)pal'eervicea.
I also wish to receive ; the
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following services (for an extra
to
Print your name and address on the reverse of this form
so that we can
fee)'
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tp return this card to you.
>y • Attach thin form to the front of the mailplace, or on the back if space
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N E
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-delivered.
Consult postmaster for fee.
m S
3. Article Addressed to:
4a. Article Number
W
Z 01.6 1.51. 107
MR JAMES WALL
4b. Service Type
RT 1: BOX 1.09
❑Registered El Insured
MORVEN NC 283.1.9
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❑ Express Mail ❑ Return Receipt for
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8. Addressee's Address (Only if requested g�
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0 PS Form 3811, December 1991 *U.S.GPO; wc3..-W2-714 DOMESTIC RETURN RECEIPT

James E. Wall, Jr.
Route 1, Box 109
Morven, NC
September 27, 1996
Ed Buchan
Division of Environmental Management
State of North Carolina Department of
Environment, Health and Natural Resources
Fayetteville Regional Office
Dear Mr. Buchan,
S=
SEP 30 1896
EW MANAGEMENT
`:. FAYETTEVILLE REG. OFFICE
I contacted Vilma Marra with NRCS.of Richmond County. She will
come to inspect the work that I have done on October 9, 1996 and
help install permanent markers in the lagoons.
I will have all of the work completed in the Waste Treat Lagoons
Repair Plan by October 15.
I am not sure how long it will take NRCS to certify the farm.
Attached is a copy of the easement to cross the State Roads with
the waste lines.
Sinc ely,
es E. Wall, Jr. Z 125 244 284
r
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
eost,i se.wcr
(See Reverse)
se JAMBS WALL
k'f6,gdITARVIN MCCASKILL ROAD
=r`8ff 5tC' 28338Fee
1.10
Special DeUvery Fee
ReS[ficted Delivery Fee
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Return Receipt Showing
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Return Raceipl Showing to Whom,
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ames Wall
Street and No.
Rt 1 Box 102
'orven lCcede2811.9
Postage
$ .32
Certified Fee
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Return Receipt Showing
1.10
to Whom A Date Delivered
Return Receipt Showing to Whom,.
Data. and Addreaase's Address
TOTAL Postage
$ ' CJ 2
& Fees
Postmark or Date
12/12/95
1 U1ran� Z• p-�-Sr.c.
f�I

STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMEs B. HUNT JP,
GomwoR
COUNTY: Richmond
DIVISION OF HIGHWAYS GARLAND B. GARRETT IR.
P. O. Box 1067 SECRETARY
Aberdeen, North Carolina 28315-1067
July 17, 1996
MR. JAMES E. WALL
Route 1, Box 109
Morven, North Carolina 28119
Dear Mr. Wall:
SUBJECT: Encroachment Agreement - 120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from Hog Farm on SR 1314 and SR 1315
You may proceed with the installation of 120 Feet of (Two 60' lengths) of 6" PVC Pipe
for Effluent from Hog Farm on SR 1314 and SR 1315 in Richmond County under the attached
Encroachment Agreement. This installation shall conform to the provision in the Manual,
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way." PLEASE
NOTE: "BOTH SECTIONS OF EFFLUENT PIPE WELL BE ENCASED FROM RIGHT
OF WAY TO RIGHT -OF WAY."
Please notify, Mr. E. A. Green, Highway Maintenance Engineer, Division of Highways,
Rockingham, North Carolina 28379, Telephone [phone]; three days before you start this
installation. Since the Division of Highways is required to conduct a final inspection of work
completed, ycu are also requested to notify in writing the Highway Maintenance Engineer upon
completion of this project.
Yours very truly,
F. E. Whitesell, P.E.
DIVISION ENGINEER
Attachments
c: Mr. J. B. Williamson, Jr., Right of Way Department
Mr. W. T. Campbell, District Engineer (58-1052)
T�
'J

STATE OF NORTH CAROLINA
ROUTE SR 1314, SR 1315 PROJECT 58(1052) COUNTY OF RICHMOND
DEPARTMENT OF TRANSPORTATION
Q:1►TIM
Mr. James Wall
Rt. 1, Box 109
Morven, NC 28119
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the day a
by and between the Department of Transportation, party of the
James Wall
W I T N E S S E T H:
� l
st part; an
party of the se
part,
THAT WHEREAS, the party of the second part desires to encroach on the right of way
of the public road designated as Route SR 1314, 1315 located as shown on
attached map
with the construction and/or erection of 120feet of 6" PVC (SDR 21 for effluent from
hog farm. Carrier line to be encased from right of way (30'from centerline) to
right ofway.
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part in the exercise of authority conferred
upon it by statute, is willing to permit the encroachment within the limits of the right
of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s), specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be accomplished in ac-
cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTIIITIES ON HIGHWAY
RIGHTS -OF -WAY, and such revisions and amendments theta o as may e n e ec a e e o s agreementn-
orf ma £ion ne to those policies and procedures may be obtained from the Division Engineer or State Utility Agent of
the party of the first part.
That the said party of the second part binds and obligates himself to install and maintain the encroaching
facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor
ohatruct nor inir,rfere with the proper maintenance thoreof, to roimburne the party of the first pert for the coat
incurred for any repaire or maintenance to its roadways and ntructurna necessary due to the inatallation and ex-
istence of tha facilities of the party of the second pert, and if at any time the party of the first part shall
req;iire tiro removal of or changes in the location of the said facilities, that the said party of the second part
binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform
to the said requirement, without any coat to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintonnnre proper
signs signal lights, flagmon and other warning devices for the protection of traffic in conformance with the latest
Manua on Uniform Traffic Control Devices for Ltreets and ifi hwa s and Amendments or Supplements thereto, fnfor-
ma on as o a ovo ru ea an rags ationa may o to rte rim the Division Engineer of the party of the first
part.
11iat the party of tiro second part hereby agroeo to indemnify end save harmlosa the party of the first part
from all damages and claims for damage that may arise by reason of the inatallation and maintenance of thin en-
C r OCC}tmen t . '
That the party of the necond part agrees to restore all areas disturbed during installation and maintenance
to the satisfaction of the Division Engineer of the party of the first part. The party of the second Fart a -green
to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or
pollution of rivers, atroame, lanes, reservoirs, other water impoundments, ground surfaces or other property; or
Eollution of the air. There aha)l k,o compliance with applicable rules and regulation" of the North C.tralina
Division of Environmental iL.r-agnment, North Carolina Sedimentation Crntrul Commission, and with ordinorncas and
requIationa of various courrtieo, municipalities and other official 1genr,ies rnlating to pollution prevuntion and
control. When any installation or maintenclnco operation dir;turbs the ground surface and the existing ground cover,
the party of the second part agroas to remove and replace the sod or otherwise reestablish the graea cover to meet
the saticfaction of the Division Engineer of the party of the first part.
That tho party cf the serornd part i-t:r@O& to asGw;.... thu wCiA-A c6Gt of any inspection.of the work. consioereo to
be nhceseary by tLa Division Engineer of the party of tiro first pert.
That the party of the second part agreva to have available at the construction site, at all tiwes during con-
struction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
flret part reserves the right to stop all work unless evidence of approval can be shown.
provided the work r,unt.rinad in thin ugreeniont is being performed on a completed highway open to traffic; the
party of the second part 67rena to give written notice to the Division Engineer of tho'party o: the first gait
when all work. contained herein Nis been completed. Unless sf.ecifically requested by the party of the first part,
written notice of comp]ctlorr of r.•ork on highway projects under construction will not be required.
That in the cape of noncompliance with the termo of this r,greement by the party of the second part, the patty
of the first part reserves the right to atop all work. until the facility t,an been brought into compl'lance or re-
moved from tha right of way at nc, coat to the party of the first part.
Tli--t it iu u14111e4 :y 1.,,th i,.yrtiee t}-ai thin agruembni bh+-11 1.oror,sr vo;d if actual conatructiou of the w�-)rs
contumplaterl rshluln fs nor 15egun wltntn one ill year from trio nate of aurhorl►atlon by the party or the rirat part
unless written waiver in cucured by the party of the second part from the party of the first part.
During tho performance of this contract, the socond party, for itself, its assignees and successors in interest
(hereinafter roforred to na till, "contractor"), agraer, as follow,:
a., �Co�r�,liance wiklr Po7ulntlons; T1,u cnntr,-ctor shall comply with the Regulations relative to nondiscrimin-
ati,rl in Fa srfli7y-ar,at5 5r1 programs of the U. ::. Department of Tronsportution. Title 49, Code of Federal
Rr,Vu]atlono, Mart 21, an they may i.a umended from tirne to tlm�., !hereinafter referred to as the kegula-
tiona), which lire herein irnrorporated i,y refeY-Tnrr. Tend made a j,,Irt of thin contract.
a
FORM R/W 16.1 (Rev. July 1, 1977)

b, Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
scr m na a on he grounds of race, color, or notional origin in the selection and retention of elibcon.
tractors, including procurements of materials and leases of equipment. The contractor shall not partici.
pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when tho contract covers a progrc'm not forth in Appendix H of the Regulations,
e, Solicitatione.for Subemttracta lncludlipnrocureunenta of Materiald E i mantt In all solicitations
e ter y competitive i ngornego n ea y to contractor nr wr ee performed tinder a sub-
contract, including procurements of staterials or leaaes of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations tinder this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Informa'.ion and Renort%: The rnntractor shall provide all information and reports required by the Regulations, or directives
Issued pursuant thereto, and shall permit access to it; books, records, accounts, other Sources of Information, and its facilities
as may be determined by the De;n:tment of Trarsportation or the Federal Highway Administration to be pertinent to aseerta;n Compliant,
With such Regulations or directives, Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish rhis information, the contractor shall so certify to the Department of Transportation, or the Feaeral
Highway Administration as appro;.r isle, and shall set fcrth what efforts It has made to obtain the informal ion,
e. Sanctions for Noncom Banes: in the rvent of the contractor's noncompliance with tnc nondiscriminat ton provi Sion% of this contract
the 1�ep:rtment o ranSpor[aticn •hall Impose such Contact sanctions AS it or the Federal Highway Administration may determine to
be ■pprcpriate, Including, but not limited to,
(l) withholding of payments to the contractor under the contract until the cnniracror compiles, and/or
(2) cancellation, termination nr suspension of the. cant racr, in what r• or in part.
f, lncor ooration of Provisions; The contractor shall include the provisions of paragraphs "a" through "f'• In every SuLCOnt ract,
nc�i lading proeuremonts o materials and leases of equiprrnt, unless exempt by the kegU latirns, or directives issued pursuant
thereto. The contractor shall take such action with re%pect to any subcontract or pracurcmant as the Department of Transportation
or the Federal Highway Administration may direct as a mean% of enforcing such provisions Including sanctions for noncompliance:
Provided, however, that. In the event a contractor beconas Involved in, or Is threatened with, litigation with a subcontractor or
suppliat as a result of such direction, the conractor may request this Department of Transportation to enter Into such litigation to
protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
to protect the interests of the United States,
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to
be executed in the day and year first above written.
ATT:&.TR n S.
1 '
DEPARTMENT OF TRANSPORTATION
BY: / h>s
DIVIS ON ENGINEER
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate sea; amd be attested by the
corporation secretary or by the empowered city official, unless ■ waiver or corporate seal and attestation by the secretary
or by the empowered City official is an file In he Raleigh office of the Manager of Right of Way. In the space provided in
this agreement for executlan, the name of the corporation or municipality shall be typed above the name and title of all
persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, In the form of an attachment, by plans or drawings showing the following applicable
Information:
1. All roadways and ramps
2. Right of way lines and Where applicable, the control of access lines
). Location of the exlsting and/or proposed encroachment
4. Length, size and type of encroachment
5. Method of Installatlon
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, structures, etc.
7. Location by highway survey station number. If station number cannot be obtained, location should be shown by dls-
distance from some Identifiable point, such as a bridge, road, Intersection, etc. (To assist In preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office,)
8. Oralnage structures or bridges If affected by encroachment (show vertical and horizontal dimensions from encroach-
ment to nearest part or structure)
9, Method of attachment to drainage structures or bridges.
10. Manhole design
11. On underground utilities, the depth of bury under all travated lanes, shoulders, ditches, sidewalks, etc.
12, Length, size and type of encasement where required,
11, On underground crossings, notatlon.as to method of crossing - boring and jacking, open cut, etc,
14. Location of vents
GENERAL REQUIREMENTS
Any attachment to a bridge or other drainage struEture must be approved by the Head of Structure Design In Raleigh
prior'to submission of encroachment agreement to the Division Engineer.
All crossings should be as near at possible normal to the Centerline of the highway.
Mlnlatum vertical clearances of overhead wires and cables above all roadways must conform to clearances sit out In
the National Electric Safely Code,
Encasement% shall extend from ditch line to ditch line In cut sections and 5' beyond toe of slopes In fill sections.
All vents should be extended to the right of way line or as otherwise required by the Department.
All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
Any special provisions or specifications as to the performance of the work or the method of construction that may
be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
such information cannot be shown on plant or drawings,
The Department's Division Engineer should be given notice by the applicant prior to actual starting of Installation
Included In this agreement.

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