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HomeMy WebLinkAbout820173_ENFORCEMENT_20171231 (2)ENFORCEMENT NUH I H UAHULINA Department of Environmental Qival ANIMAL _OPERATION INSPECTION FORM 1. Date of Inspection(s): 1-29-03 2, Regional Office: Fayetteville. Division of Water Quality 3. Name of Owner Of Property: Tyndall's Farm 4. Name of Operator: Mr. Anthony Tyndall 5. Address: 1594 Carroll Store Rd. t vi le 318 6. Phone Number: (910) 567-5496 7. Description of Facility Location. Map excerpt attached. On the east side of SR 1430 approximately one mile south of its intersection with SR 100 north of Autrvville. NC. 8. Date this facility began operation: The farm has been in operation since 1-1-93. 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with DWQ? YES X NO — If YES, date of registration: 5-27-93 IL Does the facility have an approved Animal Waste Management Plan? YES X NO _ Is one required? YES X NO Date Approved: 12. Has this facility received a CAFO Designation? YES— NO_ NIA X If YES, date issued: 13. Type of Operation: Feeder to Finish Operation 14.. Number and type of livestock: There were approximately 9,120 animals present at the time Of the inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 2 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, the farm was designed to have approximately 44 acres of d on which to apply waste. The certified wgstg manageMent 121an call f with„aye overseed. 17. Type of Waste Management System: Swine are kept in total confinement free stall barns with slotted floors over flushing nits. Waste is flushed as needed from floor nits into.a waste og _on_system. The lagoon system is composed of one-(L) lagoon from which waste can be, numned through buried irrigation nines to hvdrants and spraved on the fields via a linear system, 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There is a Premium Standard contract farm operation approximatelymile from the farm on the same farm path. 19. Proximity of facility to neighboring houses, wells, etc.: There is one residence in close proxiMity Ig the The rgsidenceto feet firgin t t lagoon, 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown. 21. Proximity of facility to surface waters: There is a large canal in front of the farm that holds water most of the time. 22. Animal waste discharged. YES Witnesses: John Hasty. DWO-Fayetteville Regional Office (910) 486-1541. Paul Rawls. DWQ-Fayetteville Regional Office (910) 486-1541 23. Are pollutants discharged in the waters of the State? NO. 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? NO 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?: None observed or reported. 26. What is the duration and gravity of the violation?: The irrigation_ event_ was occurringat t the time Qf the visit by DWO for a suspected high freeboard, The d was satumted al2d thg waste was being12ushed out of the field at the northwest corner of the spray field into a. culvert under the farm path and into a ditch which runs parallel to the farm path- 27. Water Quality Assessment: There were no impacts noted at the time of the investigation. J 3 28. What is the cost of rectifying the damage?: N/A 9. What is the amount of money saved by noncompliance?: Mr. Tyndall wast[ying to lower his I ggon to the required level to avoid any fines that might be associated with a high freeboard. Was the violation committed willfully or intentionally?: YES _ NO X Explain: Although -Mr. Tindall was on site at the time of the investigation he was not monitoring the irrigation event closely enough but it did not appear that he was intentionally running the system so that waste could leave the farm. 90- What is the prior record of the violator in complying or failing to comply with programs over Mt' which Environmental Management Commission has regulatory authority?: 4-3-97 NOV- failure—to_de5ignatc a cgrtified operator. 10-20-00 NOV-failure to reportgh freeboard. 5-23- 91 NOV-fail= tg rgmit 12ermit fee. l -1 D- minor problems routine n ection 4-22-02 NOV/NOI-dischar e from a1212lication fields to waters of the State -this iolation was assessed 2-17-03 NOWL101 -discharge of waste to adjacent tch, o c o e iat is the cost to the State for the enforcement procedures?: as bem e t onal costs are as follows: t fa I ge: $0.23 per mile for 50 miles: $ 11.50 w 1 tasty @ $19.77 per hour ised h'm l hours -drive time 2 hour Investigation ,ch at i hours Report development �d load t w to hours Total $ 158.16 Lie at told that 'is @ $31.87 per hour Wet flour -drive time that tti't' .t -ours Investigation w ' t cur (Supervisory review) board furs Total 127 48 ,te• the fr ie AL $297.14 at nature of business: Swine, Wean to_Feeder Operation lator's degree of cooperation or recalcitrance: -_been cooperative since the violation was found. 4 35. Are there any Mitigating Circumstances?: NO 36, Assessment Factors: a. I WC: b. Receiving Stream : NIA 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 jiny Doignation letter 51gaed by the Director. 39. Recommendations Made to Owner/Operator: DWQ_adyised Mr. Tyndall tq block the (low of waste from the application f`ieldjnd the ditch which lie did. DWQ also advised Mr. Tyndall to acquire Apump and pump the waste out of the ditch and back into the lagoon. 39. Recommendations for further DWQ Action: - Notice of Violation/Notice of Intent (Forwarded February 17, 2003� - Enforc ment Action 40. Other Comments: As mentioned in the inspection report, upon arrival at the -farm -to check the freeboard level DWO staff noticed that irrigation was being nerformed. As we proceeded along,the farm 12ath we noticed Ponding in the field where the irrigation -was hero performed, As we rounded the curve to the back two farms we noticed waste ponded in the edgeQf the field ind alb 4 waste exitir]g the field to g culvert unde.Lthe farm path and entering a ditch on the other side of the road. It should be noted that on other trips to the iann this ditcluis nQrmally.shgIlow and dry, However. to cJue recent F;AiLl events tlic ditch was full of water and waste. water. Staff went to the office and found Mr. Tyndall and advised him as to why_ we _were there in the first place and also advised him of the problem with the irrigation. At that point we advised Mr. Tyndall that he needed to block the ditch at anoint where waste had not _Yct_traveled, Mr. Tyndall (lid get his tractor with a_front end loader and proceeded to block the ditch and then block the flow from the field. Aftcr the areas were blo�J stafl'asked to see the farm records which are to be kept on site and we were told hat they were not available and- that they had _been left in Greenville, NC. At that time staff advised Mr Tyndall to secure a_muclplmm and pump the_dit4h dry to the point that it was blocked, 1. John Hasty, returtee-d_to the farm the following day _tg_cbgQk t1le clean up and found the ditch to be dry to the point that it was blocked by Mr. Tyndall. Note the freeboard Igvel_had not been repolled by any farm staff to DWO as required by the General Permit For this farm. F STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF MR. ANTHONY TYNDALL TYNDALL'S FARM NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FOR VIOLATIONS OF ANIMAL WASTE PERMIT AWG100000 AND 15A NCAC 2H.0217 File No. PC FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Alan Klimek, P. E., Director of ' the Division of Water Quality (DWQ), make the following I. FINDINGS OF FACT: A. Mr. Anthony Tyndall owns and operates a concentrated animal operation in Sampson County. B. The Tyndall's Swine Farm was issued Certificate of Coverage AWS820173 Under General Permit AWG 100000 on February 26, 1999. C. On January 29, 2003, DWQ staff made a visit to the Tyndall farm due to an annonymous notification that the lagoon level at this farm was twelve inches and DWQ had not been notified by the farm owner or their representative. The visit revealed that the freeboard was approximately seventeen inches and had not been reported as required by the General Permit for this farm. Irrigation was also being performed at the time 'of the visit and waste was ponding in the field and exiting the field at the western corner and entering an adjacent ditch beside the , farm road. The ditch was blocked and waste was pumped out by Mr. Tydall. D. The Tyndall's Swine Farm had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $ 297.14 . Based upon the above Findings of Fact, i make the following: if. CONCLUSIONS OF LAW: A. Mr. Anthony Tyndall 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 above -cited discharge is a violation of the nondischarge General Permit AWG 100000. D. Mr. Anthony Tyndall 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 twenty-five thousand d611ars ($25,000.00) 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 Mr. Anthony Tyndall pursuant to G.S. 143-215.3(a)(9) and C.S. 14313- 282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by C.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, make the following: III. DECISION: Accordingly, Mr. Anthony Tyndall is hereby assessed a civil penalty of: $ for over applying waste in a manner which • violates the Certified Animal Waste Management Plan and the General Permit for this farm which is violation of 15 A N CA C 2H. 0217. And for not reporting the that the level of the lagoon was less than that required which is also a violation. of the General Permit for this farm. $ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $ 297.14 Enforcement Costs $ TOTAL AMOUNT DUE As required by C.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) Alan Klimek, P. E., Director Division of Water Quality General kFacil Irifo`rimaton . . 'A !, %•, i�`t • � @ 82 173 Cnllntv Sampson Owner Anthony & ITyndall Manager Address 1594 Carroll Store Road kutryville NC 28318 Location Certified Farm Name Tyndall's Farm Phone Number 910-567-5496 Manager Phone Lessee 0 ARO 0 MRO 0 WARO 0 WSRO 0 FRO 0 RRO 0 WIRO 6 Hwy. 421.north.to,NC 242. take left, go'l.7 miles, take right -on SR 1338,•go.2.miles take right on 1006, ' 0 7 miles take left:on,1430 {Careolls Store)'go LI 'rimiles to farm on' left... Certified Operator in Charge 1 JGregory S. IlTyndall Backup Certified Operator Comments I I originally registered as 3 separate facilities (82-712 and 82-174 (82-18.1 was a duplicate and deleted) deleted) per new cert. form. ::ri aertiei::i:lo'sd :•`: Date inactivated or closed Type of Operation ® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Goats [] None Design Capacity �. L l •�,. iy t L`ayery i ,iy"'Yk�KiK ifs"PiF;�F Total 9,120 Swine �;riiltS [� B4ar Stud ;`� SSLW 273,600 Wean to Feeder •,'�ili'e�ot�ooris l H'oldiitg`Ponds. 3�`k';L000tal r`aicit�'f� 445,314 -. Subsurface D:raihs Present ::::�,Lagoon,Area..Spray.Field-Area.. t ;��,L;'rqulcat'e1►Nanag nient Sys Tyndall's Farm IPrestage Farms Longitude Latitude 678.6083 4*11; NARROW 78 36 30 35.0917 FS la ?3S 'F Fd N 35 5 1 30 1/1/1993 Acr 4 A::a4': il es Y 4.4 Randall N. Barefoot C Wilson Spencer Prestage Farms ❑ Request to be removed [3Removal Confirmation Recieved Comments Regional DWQ Staff Type of Visit ACompliance Inspection O Operation Review Q Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up e Emergency Notification O Other ❑ Denied Access slate of Visit: Time: IT, dvn, Facility Number Not OmerationaI Below Tb re hold Axermitted ❑ Certified 0 CorEei;v Certified ©Registered Date Last Operated or Above Threshold: Farm Name: County, 5-07- Owner Name: Phone No: ���� �Gt e Mailing Address: 1. a rt"o J l�(s ' Facility Contact: 1.41 A Title: 011 Phone Nn- Onsite Representative: /9 w AL &r— Integrator: f- Certified Operator: ea4, Operator Certification Number: Location of Farm: ❑ Swine [1 Poultry ❑ Cattle ❑ Mores Latitude ' 0 ff Longitude ' 1 Y15} ' ug I y y ° Y 5 �! C Y,� r xa" 1r F, '`ll)eSE�n �' Cu' retlt u " 'y,;, rbe31 n4:i.3twLrrent I r EyT, i^ d i li rDC51 n w'Current 0 n '� f 4x = nv � ,u� r !Swine �,'.�; .� _ ::Ca aeity rPo ulatian P.ouitrv.��.r,.�`_':'Ca acitvy P ulatian �� ..Cattle. ;;.,Cspikc[tv.:_Koullat[on_vil. 1;t ❑ Dairy ' I A,❑Non-Dairyj r �r� uti P y,a : , 3 4- W , � r,,r,a�; If��..,i., _ it r'Yk* ardr.` y ntCa'acity;, i Za .,. i'j� v jod i �, Number of,LagoOts �`;' st�t Subsurface Drains Present Lagoon Area ❑ 5 ray Field Area y� ii.t A ,SS.A W i Na Li uid aste Mana ement System R 3s Ho1dEn rlPonds 1 Solid Trii s' t a Y, k`� t, s MA. Wean Eto FeederLaer�{Feede Finish ❑Non -Laver ❑ Farrow to Wean ❑Other Farrow to Feeder i 1 z ❑ Farrow to Finish f' �+' Total�Destg Gilts .� nt Disr,hgrees & tream Impacts 1. Is any discharge observed from any part of the operation? � Yes ❑ No Discharge originated at: ❑Lannon Mprav Field ❑ Other a, if discharge is ohstn•ed, was the conveyance man-made? ❑Yes ❑ No b, If discharge is Observed, did it reach Water of the State? (If yes, notify DWQ) 0 yes ❑ o c, if discharge is observed, what is the estimated flaw in gal/min? i' � •'� d. Does discharge bypass a lagoon system' (If yes, notify DWQ) ❑Yes glNo 2. 1s there evidence of past discharge from any part of the operation? ❑Yes ❑ Na 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑Yes ❑ No Waste lion & Treat t 4. Is storage capacity (freeboard plus stone storage) less than adequate? [] Spillway Checkea/ orCCp�l ❑Yes ❑ No truc r l Structure 2 Structure 3 Structure 4 z.. yS�ture 5 Structure 6 Identifier: 4 eH++M n•�r.7. -JK/ Freeboard (inches): 05/03/01 Continued Facility lumber: Z //] Date of inspection S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Applicagon 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? AL.Excessive Ponding ❑ PAN OHydraulic Overload 12. Crop type r-e5C F s ❑ Yes ONo ❑ Yes lgNo ❑ Yes No ❑ Yes No ❑ Yes No ❑ Yes JZNo 9Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 10 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes No Required Recor_t1_s & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 0Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 191 Yes ❑ No 19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 5.No 21. Did the facility fail to have a actively certified operator in charge? es H Nc 22. Fail to notify regional DWQ of emergency situations as required by General Permit? n1 Yes ❑ No (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes E No 24. Does facility require a follow-up visit by same agency? Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. a u r"tir Comtnent� (reYer to question #j �Bxpliiln anys�YES answers sad/ar,any�recamrnendsEiotts'ar;any other camponnts b�j f�r'�� 3ri;;���j �� �� ,a i Use'di iiiwiie"s gat fuclitt''' to beget a Oiiitn'situations " use#siaaidih i ' a' es as`n S y p ( P. g ry) 1 r, « lit, �, "}� ❑ Field Copy ❑ Final Notes � � �. J �#p�' i 4... R. ,rl� � P '^�64'L. � 3 r.I.m=t:ei Fl. .F 4�;.,.,�uyr.+ F��i FY�`2t 4[. �.! ;�5 �.=rr�i h i, rA!F %�im?,. �`N4 s. ieu. y.'.`yy ..,w,. �r._/''"m.w,n•- ,«nn '. r /�, / I AXIS �1 G-1 11/X /Z //lGhcf .T` Ce�oG�r'Gi /Ism fl OV 0-te dT 744e Lle 74A Beboetr c�Q/E�c��f 4-16 d W 0.S t'er " eol �' ZL "'h C t eS . � ro(s a be cke o lre d a,, P � Ke b `�1 LD D 3. 1 A e y in -re. xvsf o ^. "4 e ,r .��• [ t..,..a �, r e °,z. ""� j� Reviewer/Inspector Name + o 41, S 1 r , yS trp Reviewer/Inspector Signature:LAI= Date: 2-9 -03 05103101 Continued Facility Number: 1z -/73 bate of Inspection do lcsues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 2& Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure. and/or public property) 29. is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? minents•an ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No C Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Lk per- Gt_ r r .�a� ! -�a f`t'_ S*P� ]A I y► e y T CG !a a `i rd '.. J e - ,'rrld�rce� q, e. k, �e4rw.ed er. �e N-�'>�" -H�ioi S �-- S C. e cJ11 i 1� w cy. S vl 6 M C.. S W q5 r Lkn- o 4 -�-a,q � f� e- w e s r ` K- aT J-ke Xp ra...j 4-e-1d. Gt� as�e j�i - e,,-4recl cL C k.k i u e r� t.t,► ft- -1-�Ct r-w, r-o 0J o weJ 4t C'- J "+C' 4— an Ae a7'1, e r- S L e e re aoi . , y',olaZe atlas a� 5 ��f e Q, w!/v i a-� tJ q+ WC4.S tti . � r-ocecled �v U ]L so, )o n+tkz' a. re cam- c.J i� e r e rNc�S l..s 5 / ecz u c a ` I hP Ol+ vk rat e d �%Er T,Ge a e /Ie 4�'L� , fi(�e a clil,sea/ �.� +✓L YYa o fD `IZL t �. � !- m"a �� was 14- J-1�� e ET"%Z1'c •�cS�. // ,5 e-',-Ol A f s J ,6 r e- a 5 k e_ J 4-o See A ' 5 �a rvs, re ca rd S c,.....-d 1� e / �eW t° r a> � ! T e T wGr� r' ,4 ��rr � US ]' `i,q� `1 e- rLo- " 5 7�t.�. � Ca ree� v� �f NC_ Wke-re U1� � Cs bey Comet J 05103101 . NCDENR f North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor February 17, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Anthony Tyndall 1594 Carroll Store Rd. Autryvilie, NC 28318 Subject: Notice of Viiolation/Notice of_totent Administrative Code 15A NCAC 21-1.0217 Tyndall's Farm Facility No. 82-173 Permit No. AWS820173 Sampson County Dear Mr. Tyndall. William G. Ross, Jr., Secretary Alan Klimek; P.E., Director Division of Water Quality You are hereby notified that, having been Permitted to have a non discharge 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 January 29, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality was notified by an off farm source that the level in one of the lagoons. was twelve inches or less at the Tyndall faun. However, upon an•ivai, DWQ staff noticed that irrigation was being performed on one of the application fields and that ponding in the field and run off from the field were occuring. The waste was exiting the western end of the field, entering culverts under the road and thus entering a ditch on the other side of the road. DWQ staff notified Mr. Arithony Tyndall, who was on site, of the problem noted and he inunediately blocked the ditch and the edge of the spray field to stop the run off of waste from the field. Staff advised Mr. Tyndall that he needed to obtain a pump and return the waste from the ditch back onto the field or buck into the lagoon. He advised that he would go and rent a pump for that purpose. A records review was unable to be accomplished due to the fact that the records required on site were not on site. The Freeboard at the farm was approximately seventeen inches and not twelve inches as was reported to the DWQ although this had not been reported by the permittee as required by the Permit. A follow-up visit was done the next morning to verify that the waste had been removed. The process was continuing at the time of the visit and the waste and water in the ditch had been pumped out and efforts were continuing to pump the waste at the edge of the field back into the lagoon. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301.5043 Phone: 910-486-1541TAX. 910-486-07071Internet: ,���n� •n� r nc.us,t:i�R An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper Mr. Tyndall 2-17-03 Page 2 The Division of Water Quality requests that the following item(s) be addressed: Contact someone about having the fields areated as they appear to compacted due to the presence of cows. 2. Records are to be kept on the farm site as required by the General Pen -nit for this operation. 3. Submit a copy of the irrigation and freeboard records for 2002-and 2003 . 3. Freeboard violations are to be reported to the DWQ as regired by the General Permit_ Failure to comply with the above conditions may result in the facility losing it's General Pennit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality frorn taking; enforcement actions for this violation or any past or future violation. You ,are hereby notified that based on the above information, the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 3. 2003 . Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Mr. Tyndall 2-17-03 Page 3 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541 cc: Steve Lewis - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Glelul Clifton-Prestage Farms Central Files - Raleigh ■ Complete items 1, 2, and 3- Also complete item 4 It Restricted Delivery is desired. ■' Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front it space permits. i 1. Article Addressed to; Mr. Anthony.Tyndall. 1594 Carroll Store Road Autryville, NC 23313 Since ely, o Paul E. Rawls Water Quality Regional Supervisor A. Received by (Please Print Clearly) ! S. Ople of C. Sigh�ture� — X / s/ El Agent ❑ Addressee D.L6 delivery jd4s's different from item 1? © Yes If YES, en er delivery address below: ❑ No 3.. Service Type Certified Mail © Express Mail 0 Registered Meturn Receipt for Merchandise 11 Insured Mah ❑ C.O.D. 4. Restricted Defivery? (Extra Fee) © Yes 2. Article Number - (rransfar tram service label) 7001 2 510 0000 6678 7833 PS Form 3811, March 2001 Oomestic'Return Receipt t02595-01-M- M24 '1 if j i yF � 1 AF ( 1 1 r ' m' t. 1t Y li Y' 11 b rR" Iqt 1 IrN iN •y y �r d � 1 r 'YFd v dh� F u on �ar�a 29 t Zaa3 T wcc,a Pu�-,A f LK� or,, rot SV ratiP4 (JJIAd�°�'� ter° •- -- a.�.�.at.� `tea ,o.W'�'^~1-�� 41- ' •1, -6t .4PIA 1 . I Facility Number OiMr — I 1.7,3' Permit Number v " YW1,2fzt ame, s, Farm' CarrollAddress 1594 F ysti,4 Zip" [,C odee Phone, Location wy`-1 N C,,� 2 42,�� 4 21 north -H Jq 0 Rc Regional Supervisor Original Issue Date Engineer Cert. Date Owbirm First Name, Owner stN.a m 6 County', Sampson nl 4 1`1 0 ri Reg Animal -Contact Pa`ul;Sherman r= gion'blPhonq J(q)b Import Date 1 rescinded ;, 506 t (PE 4 .��Priht,R 6unty �Js. , Y. "-I J. ,I.S'� ,•titi �. rM1i .. 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Box. 9fi1.r...»Pont, 13C.....»26335........................................,..» ..�...., w»�. . This Instrument was prepared by R. Daniel Rizzo, Attorney at „Law Brief description for the Index NORTH CAR OLINA NON -WARRANTY DEED TIUS DEE11 made this _ 16th....... day of. »...._........_ ».. ».. » ...» ....».....mY.». by and between GRANTOR GRANTEE Cathy P. Tyndall Anthony T. Tyndall 1594 Carroll Store Road 1594 Carroll Store [toad Aittryvilles NC 28318 Autryville, NC 38316 SAW Is apr+artato Mwk lot Back padrt pas". 44#rask are. It %VM"Prtate, eharseter of entity, as ow"rau" or'ar mrsaty. The designation grantor and Grantee se used herein shall Include said parties, their heirs, successors, and "alga, sad shall include singular, plural, masculine, feminine or neuter as required by context. WITNISSLTH, that the Grantor, for a valuable consideration paid by the Grantee, the L receipt of which Is hereby acknowledged, has and by these presents does grant` bargain, sell and convey unto the Grantee is tee simple, all that p a .D certain lot or arc of land situated in the City of,.�..,.....»...................... n s!.,...............»......,...,.......,.,,.......,....,...•..,..ismal.....H.,. l........ ........ ..... County. North Carolina and more particutarly described as follows: See Schedule "A" attached hereto and made a part hereof. X.C. Bar Aasoclation ftra lb. L•7, • 1917 • V. C. JIM AusaoeLaatem ices eewe.d Ew Nat1r tae a. C, tue Mra.wa.elEgtar = ur-i!r M. �, taw.MlEr el Witee0. tir. RM Mt VOL 1358FA-U191 # 1 GT is inni at an jr—' slake eat in the winker line ok a dibah, said iron 'iM ! n4 sERFe—Going located forth 14 degrees Ofi minutes 54 seccxxis Wbai 3383.91 feet. Worth ; 65 deg. 01 min. 42 Seconds, East-1411;43 feet,. North 79 degrees. 00 minutes 25 socands . East 353.11 feet, North 31 degrees 29 mining 52 seconds W+st 1390.41 feet, and North 69 degrees 21 minutes 59 seconds West 507.34 feet from an existing iron shake it thn center line intersection of Secondary Road No. 1430 (Carroll. Store Road) and . -Secondary Raul No. 14321,running thence with said ditch 'ard with the J. sher n ` Autry line Noah 03 degress.23 minutes 25 Mconds Hest 509.25 feet tO an iron stake set at the intbrmctiorn of two ditchenl thence with the dibrh aid with the L, To McPhail line (see peed Book 477, Page 4371 South 89 degrees 21 minutes 59 recends East 990.00 feet to an irooh stake vet in said ditahl therioe lenving said ditch -South 00 degrees 39 minutes 01 seconds Wst 507.00 feet to an iron stalca set (buried)i thence North 69 deeggrade 21 minutes 59 seconds West 9S4.34 feet to the point of ' beginning, containing 11.32 acres, more or leosj,and surveyed during Augustip 1993 by Owen Surveying s Inc., with all lines correct in,their angular relation and relative to the Hagnetio Meridian Inferred to in Dead Book 8,44, Page 757, This tract or parcel of lam is a portion of the prop�eerty•conveyed by deal dated June 22,, 1976 from Stewart B. Warren, acting as Camntasioner to Aaron T. 'lXrdall and wife, Bmrd+t S. TYWall recorded in Deed Bock 933 Page 280 of the 6aapson County w 1>e9�stry. f Together'with all rights and privileges to a 30 Net wide non-exclusive perpetual right of tray easement for the purposes of inggss, egress, and regress fray Secondary Road No. 1430 (Carroll shore Road) to'the above described 11.32 acre tract, the center line of paid 30 feet wide easement being described as followst •; Beginning at an iron stak6 set in the renter line of 5ecvndary Road No. 1430 (Carroll Store Rotd), said iron stance bring located North 14' degrees 06 minutes 54 secaids West 3395.91` feet fray an existing iron stake in the center line intersection of Secondary Road No. 1430 (Carroll Store Road) and Secondary Road No. 14321 ruu> dug tlncnao north 65 degrees 01 minutes 41 rrconds East 1411.43 feet to an iron stn)m net, North 79 degrees oa minuton 25 secoszds East 355.11 feet to an iron stall acts and !forth 31 degrees 28 minutee 52 accands West 1390.41 feet to 1< 2t4M itt' the' Muthern line at the above described 11.32 acre treat. , A more caTlete descriptica of the above proMrty in sham an a cep ent:it•ledi �Y for Anthoq Th=as ZyndWI and wife, Catty Phelps Tyndall" prepwad by ft"YiD1+ 1=., dared k*.2t 6, 1993, a ropy Of Mid map MIN hMt 0v iIC091 "11 > UWA W4 41 Afwu= wift a pWt Weal. i �• i �' -fit•, -� f�vn l,:.- � ry.••a.fr... s.;�...44.�:.�•�-.►.aN•�..+.+v.-.,w;.i�.ri-..wn.i•.<w:r�... �reH: �:.� 8xcl.e Tier 1 OL flied lot Mules, Awfthfy— 19� sw---o'dock _M. end retirtcra,l in gie office of tM Rr0h1M of Bled$ of f'zn-ty to Ito ae y of, Imo•. In cLa Pa, . I.� —_Pr-r No. �o � VAS 11. ha;,iatr of Dce By x11f�1,-f Recording Time, Hook and Page;$ TaxLot No......................................................................................... Parcel Identifier No. ............... ......:...................... I ........... ............... Varlded by . County on the ................day of .................... ...... ...... :...................... If).,,.,.,,..,. by....................................................................................................................................................................................................................... MMI alter recording to 40='8 tl tae............... ........................................................................................................................................ This instrument was prepared by. R.v... 0000I.A9ZOt...407MY-At.l Wi.- P.O. $ox. 966t.. Ckm[1, NC. 28335............. Brier description for the Index ' NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ••15tk •, day of ............ ...No,ve 1be' .., _....... , 19 .. 93 • by and between GRANTOR ANIUM T. TYNDAM and wife, CAM Pr TYNDA11+ Route 1 Box 198M !. Autryville,.NC 28318 GRANTEE AARON THCMAS UNDAM and wife, SREINM H. I YNDAM Route 1 Box 90 Autryville, NC 28318 Enter in appropriate block for each party: name, address, and, if appropriate, character of rnllly, e.e corporation or partnership. The deaf nation Grantor and Grantee as used herein shall Include said parties, their heirs, succesion, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated In the City of ..... ,,.. s 1:..,.,.:. —.... Township, •• ,.:••..••.................. County, North Carolina and more particularly described as follows. SEE S(lMU "Art ATPA M HERM AND MADE A PART HEROV. TWERry �lttrY :a: rt:D ON TM N, Tl:: A'?+Jii: C. aU Awoc. Pam No. 3 0 1M K"W 0 toff - �0m 90r a tF. mmu IN tn. w+r.rw t► 4 trots + +S17�ATt]R wwrwar..'w...artt.a.oraw-tM+ fi ..��.�«.-•�„��..��.�... . 40 I '�'•-i .. f. '.s f ...,, , ..,., .. .. i ,, ,t •. ., .....•. .f i .,i,i A . , .,...,, .ri.s..fw.•.u.•.x ... .i. . . ...... ... i• ., r.• .* ..... ,....... .,, f •' �. ' va1170 xci848 AM= 1H01118 ,'1YN1AM AM HRMM A. TOD LL Beginning at a stake in a branch ry' r running thence :. ,..; ;'• ... . Btremm� Ault scorns[ and runni South ;•,.':. , ,.;,,i:::, 77 degrees 4S minutes Rast 1896 feet to a stakel thence North 16 degrees 30 minutes . East 543 feet to a etakel thence North 4 degrees 30 minutes.East 709 feet to a stakel thence North 2 degrees 50 minutes west 784 feet to a stakel thence South 86 degrees 10 minutes West 1500 feet to a stake; thence South 86 degrees 30 minutes West 695 feet to a stakes thence South 4 degrees 10 minutes East 1256 feet to a a stakes thence South 19 degrees Esst 232 feet to the beginning corner, containing 85.5 acres, more or less, and being the lands described in deed from T. J. Holland '.;. to B. C. Holland, dated November 13, 1912, and recorded in Book 222, Page 260, of ' the Sampson County Registry.' TWM IS E=1-rED FROM TI& , ABOVE IESM'BED TRACT THAT [MAIN 11. 32 ACRE TRACT . DESCRIBED AS FC1LIOA'3: Ij Beginning at an iron stake set in the center line of a ditch, said iron stake being located North 14 degrees 06 minutes 54 seconds West 3385.91 feet, North 65 deg. 01 min. 42 secands'East 1411.43 feet, North 79 degrees 00 minutes 25 seconds East 355.11 feet, North 31 degrees 28 minutes 52 seconds West 1390.41 feet, and North 89 degrees 21 minutes 59 seconds West 507.34 feet from an existing iron stake in the center line intersection of Secondary Road No. 1430 (Carroll Store Road) and Secordary Road No. 1432; running thenoe.with said ditch and -with the J. Sherman Autry line North 03 degrees 23 minutes 25 seconds West 508.25 feet to an' iron stake set at the intersection of two ditchesl thence with the ditch and with the L. F. McPhail line (see deed Book 477, Page 437) South 89 degrees 21 minutes 59 seconds East 990.00 feet to an iron stake set in said ditch; thence leaving said ditch South 00 degrees 38 minutes 01 seconds west 507.00 feet to an iron stake set (buried); thence: North 89 degrees 21 minutes 59 seconds West 954.34 feet to the point of beginning, containing- _11.32 acres, more or less, and surveyed during August, 1993 by Owen Surveying, Inc., with all lines correct in their angular relation and relative to the Magnetic Meridian referred to in Deed Book 844, Page 757. This tract or parcel of land is a portion of the property conveyed by deed dated June 22, 1978 from Stewart B. Warren, acting as Cattnissioner to Aaron T. Tyndall anti wife, Brenda H. Tyrdall,recorded in Deed Book 933 Page 280 of the Sampson. County Registry. Together with all rights and privileges to a 30 feet wide non-exclusive perpetual right of way easement for the purposes of ingress, egress, and regress from Secondary Road No. 1430 (Carroll Store Road) to the above described 11.32 acre tract, the center line of said'30 feet wide easement being described as followst Beginning at an iron stake set in the center line of Secondary Road No. 1430 (Carroll Store Road), said iron stake being located North 14 degrees 06 minutes 54 seconds West 3385.91 feet from an existing iron stake in the center line intersection of Secondary Road No. 1430 (Carroll Store Road) and Secondary Road No. 14321 running thence North 65 degrees 01 minutes 42 seconds East 1411.43 feet to are iron stake set, North 79 degrees 00 minutes 25 seconds East 355.11 feet to an iron stake set, and North 31 degrees.28 minutes 52 seconds West 1390.41 feet to a stake y in the southern line of the above described 11.32 acre tract. A more canplete description of the above property is shown on a map entitled: Survey for Anthony 'Thomas Tyndall and wife, Cathy Phelps Tyndall" prepared by Owen Surveying, Inc., dated August 6, 1993, a copy of said map being attached hereto,. incorporated herein and by refereme made a part hereof. ti f i ' ++ «. U WSE$4fJ :. I The property heraluabove deacribed was acquired by Grantor by instrument recorded In ,......"" ................................ ........... ......................................... ...... ."............. ............. .......... .......... ........,.................. ........ ,............... ................... ............. ......,: A map showing the above described property is recorded In Plat Book .. page ...... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto botonging to the Grantee tit foe simple. And the Grantor covenants with the Grantee, that Grantor is eelged of the premises In fee simple, has the right to convey the'same In fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and ;. i defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. I Title to the property hereinabove described is subject to the following exceptions, 4y IN WITNagg WltaaaO! the Grantor has haeotente a" Ibis Mad and seal 1 rarpafale, has raua►d this lhtteement I. h sllgod in IU eerpa bis "me Fair its doay airtherlasd ofnogs and Ike most N be harounte &fits h suthorlly f Its t ord of ulrea s, the dal ura / so Ihat abeaa written. , ........................ `SorDelete ........ ............... a ... .(e=AL) Name ........................................................... CATEIY P..............................1asAL1 , ATTEa*1...................Tvesidont ........................ ........,.,......._....,...-...._....(aaAL) t ............................................................... ld ............................secretary (Corporals aeal) th ' ....................... (agAL) i-AI•�'ii�It- �+ci4 NORTll CAaOLINA................ 19 %3.......... County. ll �J •QTA •�� - e. j►[ .#....................:......[_.._._._.._..Anthony:-T�----�•-,{- a.,Notary � rablie of the County and state ■rorsrald, rectif that f `7"-"" .._.._. r. pv 801.) ` peneeally appealed before me this day and arhnewledged the eXerution at the foregoing InNretnual. wltaeat gay p hand and official rtse p or ssai, this ..[ .. day of .... OM1lw9ber ................... 159a.. *'t0% iNY cnmmisslon expicta, ,.__.LLTz^M�}n5p + N CiQUi��r s 32_hb__7S[.............. +r'"-- Notary Public ' t t eeAL•a?AM► NORTH CAROLINA-__-___________------- _------------- :aanty. I 1, a Notary Public of the County end state atatsssld, Certify that ........... poraonally came betas ere ibis day and acknowledged that ...._ he Is ........................... secretary of I------------------ ------- ................. ■ North Carolina corporation, and that by authority dal! given and as the act of the sofpasatlsa, the foregoing instrument woo signed ilk its name by Us ............... i President. sealed with Its earporste seat and attested by ........... as Its. ........................... aseralary, Witnoss my head end efRlotel staroy re Mel, Ibis .......day of ........................... It ......... 'i IMy commisslen eapleesi ...................................... ........"_.__.__...__.._....L_-. Notary Nubile 2110 foregoing Cortifkateo of _... , �ri�£�1F ._... _ .!..... a erYv ),,..-. V.y -__- .�..__...Ga.S................. ..:..:' mesa+ ._•-- a?.:::��`::::___._._-,:•...-:::.::::.:-::::-----•........................::-__:................... 1 Ins Corliho to he server[ *him inatramoat and ibis serutkWce a&My segtsteted at the date had usas sae is as ruaa and Page sheers on the Rini pass tenet. U....�r..++P-�11Or1�......_ i.ww�[Yil.{.................. MpaVd*11Mn�.Mrbtat of Deeds K C. ew Awns. t'sem Rio. 10 im. Revised • 1171- avow"" bft. +la.aee 170, laaiiaft 4 a Pass Gi. -•� w..rwa...■w*aso14.a.a.uon.-tell ENFORCEMENT NORTH CAROLINA Department of Environmental Qual Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 23, 2004 Mrs. Brenda Tyndall 6500 Maxwell Road Autryville, NC 28318 RE: Acknowledgment of Receipt of Payment Case Nos. DV 02-011 and PC 03-021 Farm # 82-173 Sampson County Dear Mrs. Tyndall: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED SEP 2 7 2004 �1-�AYE�U.I R�ONAIt This letter is to acknowledge receipt of your check No. 2084 in the amount of $320.10 on September 21, 2004. This payment satisfies in full the civil assessments and the cases have been closed. Thank you very much for staying on the payment schedule and best of luck with the farm. If you have any questions, please call me at (919) 715-6629. Sincerely, Steve Lewis Non -Discharge Compliance and Enforcement cc: Fa-y- tt�le Regional Office Files # DV 02-011 and PC 03-021 APS Central Files 9a5hh[Taro ina ma)4�/ Aquirer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: gw.ehnr.state.ne.us 2728 Capital Blvd, Raleigh, NC 27604 FAX,(919) 715-0588 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 0� WA Ar�9QG Michael F. Easley AGovernor �? William 13. Ross Jr., Secretary Department of Environment and Natural Resources Man W. Klimek, P.E. Director nlvislon of Water Quality January 16, 2004 rl , li MR ANTHONY & TOMMY TYNDALL WN r' TYNDALL FARM 6500 MAXWELL ROAD AUTRYVILLE NC 28318 SUBJECT: Acknowledgement receipt letter Civil Penalty Assessment of Violation Case # DV 02-011 and PC 03-021 Sampson County Dear Mr. Tyndall: This letter is to acknowledge receipt of your check No. 1960 in the amount of $320.10 received on January 15, 2004 leaving a balance of $1,600.52. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733 -5083 extension 539. Sincere y,��/%������ teve Lewis Non -Discharge Compliance/Enforcement iz-DEN R SL:sw CC: Fayetteville Regional Office Enforcement File: DV 02-011 & PC 03-021 Central Files Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center - Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01.01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Acfion Employer 50% recycled/ 10% post -consumer paper httpY1h2o. enr.state.nc.us � r � �pF W q Michael F. Easley Governor r t , William G. Ross Jr., Secretary 5� 4 2003Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ' Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 22, 2003 Mrs. Brenda Tyndall 6500 Maxwell Road Autryville, NC 28318 . RE: Revised Payment Schedule for Civil Penalties Cases No. DV 02-011 and PC 03-021 Farm #82-173 Sampson County Dear Mrs. Tyndall: As we discussed recently, enclosed is a revised payment schedule for the two enforcement cases. We have received a total of $4,500.00 towards the combined penalties. This leaves a balance of $1,920.62. We agreed on a twelve (12) month payment schedule beginning on February 1, 2004. This breaks down to eleven (11) payments of one hundred sixty dollars and five cents ($160.05) and a final payment of one hundred sixty dollars and seven cents ($160.07). Please sign the attached payment schedule and send it back with your payment in February. Make a copy of the payment schedule for your records. Please make the Vayments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. N DENR Customer Service: Melling Address. Telephone (919) 733-5083 Location. 1.877-623-6748 1617 Mail Service Center Fax (919) 733.0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o. enr. state, nc. us Mrs. Brenda Tyndall Page 2 October 22, 2003 Ma.iI your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please call Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, e�Zee..." Alan W. Klimek, P.E. Director, Division of Water Quality cc: aRNu-PRawls Fayetteville Regional Supervisor w/o attachment Larry Baxley, FRO w/o attachment Files DV 02-011 and PC 03-021 w/ attachment Central Files w/o attachment F WA7•�c � 9�C. Michael F. Easley Governor r Willfarn G. Ross Jr., Secretary 7 Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Watar Quality August 21, 2003AUG I` '4 8 2003 MR ANTHONY & TOMMY TYNDALL TYNDALL FARM 6500 MAXWELL ROAD AUTRYVILLE NC 28319 SUBJECT: Acknowledgement receipt letter Civil Penalty Assessment of Violation Case # DV 02-011 and PC 03-021 Sampson County Dear Mr. Tyndall: This letter is to acknowledge receipt of your check No. 1896 in the amount of $1,000.00 received on August 18, 2003. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733-5083 extension 539. incerely, I is Non -Discharge Corllpliancrw/Enforcement SLsw CC:1.F.ayett Regional -Office Enforcement File: DV 02-011 & PC 03-021 Central Files Customer Service: Malting Address: Telephone (919) 733-5083 1.877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #i52-01-01 An Equal Oppoilunity/Affirmative action Employer 50% recycled! !o o post -consumer paper http://h2o.enr. state. nc. us NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Michael F. Easley Governor r William G. Ross Jr., Secretary Department of Envtronment and Natural Resources '®C�1 4 'C 1 4 2W3 Alan W. Klimek, P.E. Director t Division of Water Quality Colaen H. Sullins, Deputy Director 1 Division of Water Quality October 22, 2003 Mrs. Brenda Tyndall 6500 Maxwell Road Autryville, NC 28318 RE: Revised Payment Schedule for Civil Penalties Cases No. DV 02-011 and PC 03-021 Farm #82-173 Sampson County Dear Mrs, Tyndall: As we discussed recently, enclosed is a revised payment schedule for the two enforcement cases, We have received a total of $4,500.00 towards the combined penalties. This leaves a balance of $1,920.62. We agreed on a twelve (12) month payment schedule beginning on February 1, 2004. This breaks down to eleven (11) payments of one hundred sixty dollars and five cents ($160.05) and a final payment of one hundred sixty dollars and seven cents ($160.07). Please sign the attached payment schedule and send it back with your payment in February. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. w A'*FV NCDENR Customer Service: Mailing address: Telephone (919) 733-5083 Locatlon: 1.677-623-6746 1617 Mail Service Center Fax (919) 733.0069 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier ##52.01-01 Raleigh, NC 27699.1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper htfp://hZo. enr.state. nc. us Mrs. Brenda Tyndall Page 2 October 22, 2003 Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please call Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Alan W. Klimek, P.E. Director, Division of Water Quality cc: Paul Rawls, Fayetteville Regional Supervisor w/o attachment RL sB xieyJ O w/o attachment Files DV 02-011 and PC 03-021 w/ attachment Central Files w/o attachment Mrs. Brenda Tyndall 6500 Maxwell Road Autryville, NC 28318 RE: Payment Schedule for Civil Penalties Cases No. DV 02-011 and PC 03-021 Farm #82-173 Sampson County Dear Mrs. Tyndall: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quallty Coleen H. Sullins, Deputy Director Division of Water Quality September 29, 2003 CERTIF'TED MAIL RETURN RECEIPT REQUESTED You have requested a schedule for making partial payments toward the civil penalties that have been assessed by the Division of Water Quality. The Division received a payment of $1,000.00 on August 18, 2003. The remaining balance for the two penalties combined is $5,420.62. The Division is agreeable to a twelve (12) month payment schedule beginning on November 1, 2003 and continuing to October 1, 2004. There are eleven (11) payments of four hundred fifty-one dollars and seventy-two cents ($451.72) and one final payment of four hundred fifty- one dollars and seventy cents ($451.70). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. customer Service: Malting Address: Telephone (919) 733-5083 1-877.623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity / Affirmative Action Employer 50% recycled / 70% post -consumer paper http://h2o. enr. state.nc. us 5ENR Location: 512 N. Salisbury St. Raleigh. NC 27699.1617 r Mrs. Brenda Tyndall Page 2 September 29, 2003 Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please call Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Alan W. Klimek, P.E. Director, Division of Water Quality cc: Paul Rawls, Fayetteville Regional Supervisor w/o attachment CKUi jB.5R,ley; FRO w/o attachment Files DV 02-011 and PC 03-021 w/ attachment Central Files w/o attachment L!b pt/ 420� W A rER¢G �1 r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources A Alan W. Klimek, P.E. Director Division of Water Quality October 13, 2003 MR ANTHONY & TOMMY TYNDALL TYNDALL FARM 6500 MAXWELL ROAD AUTRYVILLE NC 28318 Dear Mr. Tyndall: s' �ocT r 5 2oo3 SUBJECT: Acknowledgement receipt letter Civil Penalty Assessment of Violation Case # DV 02-011 and PC 03-021 Sampson County This letter is to acknowledge receipt of your check No. 1914 in the amount of $300.00 and check # 4704 in the amount of $3,200.00 received on October 13, 2003. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733 -5083 extension 539. incerely, � Jy2Steve Lewis Non -Discharge Compliance/Enforcement SL:sw CC: UY-02,Y fIPRu`gianal r e Enforcement File: DV 02-011 & PC 03-021 Central Files Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623.6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% past -consumer paper http://h2o. enr.sta te.nc. us NCD£NR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 i .. '-JU 2 4 F. Michael F. Easley Governor William C. Ross Jr., Secretary Ddoarbm4irrt of Environment and Natural Resources Alan W. Klimek, P.E. Director r Division of Water Quality July 15, 2003 Mr. Tommy and Anthony Tyndall Tyndall Farm 1594 Carroll Store Road Autryville, NC 28318 SUBJECT: Assessment of Civil Penalties for Violation of Permit Condition Permit # AWS820173 Sampson County File No. PC 03-021 Dear Sirs: CERTIFIE_ D MAIL RETURN RECEIPT REQUESTED Levir—, P�� I rzt,�.c A `(e . This letter transmits notice of a civil penalty assessed against the Tyndall Farris in the amount of $1,597.14 which includes $397.14 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NCDENit Customer Service: Melling Address: Telephone (919) 733-5083 Location: 1-877.623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27698-1617 State Courier #52-01 -01 Raleigh, NC 27699-1617 An Equal Opportunity I Affirmative Action Employer 50% recycled / 10% post -consumer paper httpYlh2o. enr.state. nc. us kM 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 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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 k' 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit .TOP/scl ATTACHMENTS cc:WEaullRawas _,Fayetteville,Regional Supervisor w/ attachments File # PC 03-021 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND TOMMY AND ANTHONY } STIPULATION OF FACTS TYNDALL FILE NO. PC 03-021 Having been assessed civil penalties totaling $1,597.14 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 15, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. PC 03-021 IN THE MATTER OF ) TOMMY AND ANTHONY TYNDALL ) FINDINGS AND DECISION FOR VIOLATION OF ) AND ASSESSMENT OF NON -DISCHARGE ) CIVIL PENALTIES GENERAL PERMIT AWG 100000 ) ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Tommy and Anthony Tyndall own and operate the Tyndall Farm, a swine operation located in Sampson County. B. Tommy and Anthony Tyndall were issued Certificate of Coverage AWS820173 under General Permit AWG100000 for the Tyndall Farm on February 26, 1999, effective February 26, 1999, with an expiration slate of October 1, 2004. C. Condition No. I. 1. of the General Permit states in part that "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." D. DWQ staff inspected the Tyndall Farm on January 29, 2003 in response to an anonymous complaint. Staff observed wastewater irrigation in progress. Staff observed wastewater ponding in the sprayfieId, running off the field into a culvert and flowing into a ditch which runs parallel to the farm path. E. The costs to the State of the enforcement procedures in this matter totaled $397.14. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Tommy and Anthony Tyndall are "persons" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Tommy and Anthony Tyndall violated Condition No. I. 1. of the General Permit by discharging animal waste from the animal waste collection system into a ditch. D. Tommy and Anthony Tyndall may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143--215.1. E. The State's enforcement costs in this matter may be assessed against Tommy and Anthony Tyndall pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Tommy and Anthony Tyndall are hereby assessed a civil penalty of: $ 1,200.00 for violating Condition No. I. L of the General Permit by discharging animal waste from the animal waste collection system into a ditch $ 397.14 $ 1,597.14 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B -282, 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 (9) The cost to the State of the enforcement procedures. (D e) rey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality 7 OCT 3 2003 p Mrs. Brenda Tyndall 6500 Maxwell Road Autryville, NC 28318 RE: Payment Schedule for Civil Penalties Cases No. DV 02-011 and PC 03-021 Farm #82-173 Sampson County Dear Mrs. Tyndall: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources September 29, 2003 Alen W. Klimek, P.E. Director Division of Water Quality Colson H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED You have requested a schedule for making partial payments toward the civil penalties that have been assessed by the Division of Water Quality. The Division received a payment of $1,000.00 on August 18, 2003. The remaining balance for the two penalties combined is $5,420.62. The Division is agreeable to a twelve (12) month payment schedule beginning on November 1, 2003 and continuing to October 1, 2004. There are eleven (11) payments of four hundred fifty-one dollars and seventy-two cents ($451.72) and one final payment of four hundred fifty- one dollars and seventy cents ($451.70). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. N DENR Customer Service; Mailing Address: Telephone (919) 733-5083 Location: 1.877.623.6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699.1617 An Equal Opportunity /Affirmative Action Employer 50% recycled/ 10% post -consumer paper htfp://h2o. ant, state, nc. us Mrs. Brenda Tyndall Page 2 September 29, 2003 Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please call Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Alan W. Klimek, P.E. Director, Division of Water Quality cc: fFzu-RRawl -,,)Fayetteville Regional Supervisor w/o attachment Larry Baxley, FRO w/o attachment Files DV 02-011 and PC 03-021 w/ attachment Central Files w/o attachment April 4, 2003 CERTIFIED MAII. RETURN RECEIPT REQUESTED Mr. Anthony & Tommy Tyndall Tyndall Farm - 1594 Carroll Store Road Autryville NC 28318 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality t, APR _ 8 2003 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Tyndall Farm Sampson County File No, DV 02-011 Permit No. AWS82O173 Dear Mr. Tyndall: This letter transmits notice of a civil penalty assessed against Tommy Tyndall in the amount of $4,823.48, including $823.48 in enforcement 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: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not inchide waiverjorm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Steve Lewis Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NMENR Customer Service: Mailing Address: Telephone (9191733.5003 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NO 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / t 0% past -consumer paper htipl/h2o. enrstate.naus 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 (form attached) 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. 14313-282.1(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: Steve Lewis DWQ 1617 Mail Service Center Raleigh NC 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley Registered Agent Dept. of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Steve Lewis at (9I9) 733-5083, extension 539. Sincerely, Kent Wiggins Acting Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc: ReglO(1MSUpe-rvi' or w/,attachments Compliance/Enforcement File w/ attachments Central piles w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Sampson IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND Anthony & Tommy _ Tyndall ) STIPULATION OF FACTS FILE NO. DV 02-011 Having been assessed civil penalties totaling' $4,823.48 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. , This the day of , 20� SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF TOMMY AND ANTHONY TYNDALL FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF - NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 02-011 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Tommy and Anthony Tyndall own and operate -the Tyndall Farm, a swine operation located in Sampson County. B. Tommy and Anthony Tyndall were issued Certificate of Coverage AWS820173 under General Permit AWG100000 for the Tyndall Farm on February 26, 1999, effective February 26, 1999, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. C. On' April 24, 2002, DWQ staff observed a discharge of wastewater at the Tyndall Farm from a sprayfield to an unnamed tributary to Jones Swamp, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Tommy and Anthony Tyndall had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $823.48. 0 Based upon the above Findings of Fact, I make the following- CONCLUSIONS OF LAW: A. Tommy and Anthony Tyndall is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Jones Swamp constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 21S.1. - . _ D. Tommy and Anthony Tyndall 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 twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215. L E. The State's enforcement costs in this matter may be assessed against Tommy and Anthony Tyndall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretaryof the Department of Environment and Natural Resources and' the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Accordingly, Tommy and Anthony Tyndall is hereby assessed a civil penalty of: $ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 823.48 Enforcement costs $ :!!t� y 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; (8) The cost'to the State of the enforcement procedures. ( ate) Kent Wiggins, Ac ' upervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality V OF W A rFq Michael F. Easley �O� QG Governor CA r William G. Ross Jr., Secretary Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality May 16, 2003 R A' The Honorable Jimmy Thornton '?; RAY 2 r 2003 Sampson County Sheriffs Office P.O. Box 109 '` ' q.. � )� Clinton, NC 28329 1. f SUBJECT: NOTICE OF SERVICE Anthony or Tommy Tyndall Dear Sheriff Thornton, Please serve the attached Civil Penalty Assessment and cover letter as follows: Anthony or Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28329 It is our understanding that because we are a State agency, no fee is required for this service. We would appreciate your returning the completed Return of Service form in the return envelope. The Division of Water Quality appreciates this assistance from your department. If you have any questions or need additional information, please contact me at (919) 733-5083, extension 539. Sincerely, Steve Lewis cc:(Zo'ha,�Hasty,-Fayetteville Regional Office File # DV 02-011 ��►11 NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Afrmative Action Employer 50% recycled/ 10% post -consumer paper ht1p://h2o. enrstate. nc. us t RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the day of , 2002 and together with the document(s) was served as follows: Date Served: Designated Recipient: Anthony or Tommy Tyndall Place of Service: 1594 Carroll Store Road (fill in address) Autryville, NC By: (Serving Officer) Check one of the following: By personally delivering copies to the named individual By leaving copies of the Notice of Service and original letter at the named individual's dwelling, house or place of business with a person of suitable age and discretion then residing therein. Name the person with whom the copies were left: If not served on the named individual, state reason: , COUNTY County Sheriff (Sheriff Signature) (Date) Service Fee Paid Waived (State agency_ Paid By N/A Please return this form to: Steve Lewis Div. of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE # DV 02-011 COUNTY OF SAMPSON NOTICE OF SERVICE IN THE MATTER OF } ANTHONY AND TOMMY TYNDALL ) TO: The Honorable Jimmy Thornton Sampson County Sheriffs Office P.O. Box 109 Clinton, NC 28329 YOU ARE HEREBY REQUESTED to serve the attached letters in the above entitled action on the individual listed below: Anthony or Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 Directions: Hwy. 421 north to NC 242. take left, go 1.7 miles, take right on SR 1338, go 2 miles take right on 1006, go 7 miles take a left on 1430 (Carrolls Store Road) go 1.1 miles to farm on left. This the 16th day of _ May__ __2003. By- Steven C. Lewis Environmental Specialist NC Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 ext. 539 o�oF WA r April 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Anthony & Tommy Tyndall Tyndall Farm 1594 Carroll Store Road Autryville NC 28318 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Tyndall Farm Sampson County File No. DV 02-011 . Permit No. AWS820173 Dear Mr. Tyndall: This letter transmits notice of a civil penalty assessed against Tommy Tyndall in the amount of $4,823.48, including $823.48 in enforcement 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: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Steve Lewis Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 OR). Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action ,Employer 50% recycled/ t 0 ; post -consumer paper http:/1h2o. enr.state. nc. us Adjea N 6E R Location. 512 N. Salisbury St. Raleigh. NC 27699-1617 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 (form attached) 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: Steve Lewis DWQ 1617 Mail Service Center Raleigh NC 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley Registered Agent Dept, of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Steve Lewis at (919) 733-5083, extension 539. Sincerely, r Kent Wiggins C/ Acting Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc: Regional Supervisor w/ attachments CompIiance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA COUNTY OF Sampson IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND Anthony& Tommy Tyndall ) STIPULATION OF FACTS FILE NO. DV 02-011 Having been assessed civil penalties totaling $4,823.48 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. . This the day of .20 SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON FILE NO. DV 02-011 IN THE MATTER OF ) TOMMY AND ANTHONY TYNDALL ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Tommy and Anthony Tyndall own and operate the Tyndall Farm, a -swine operation located in Sampson County. B. Tommy and Anthony Tyndall were issued Certificate of Coverage AWS820173 under General Permit AWG100000 for the Tyndall.Farm on February 26, 1999, effective February 26, 1999, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. C. On April 24, 2002, DWQ staff observed a discharge of wastewater at the Tyndall Farm from a sprayfield to an unnamed tributary to Jones Swamp, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Tommy and Anthony Tyndall had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $823.48. 1 Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Tommy and Anthony Tyndall is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Jones Swamp constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Tommy and Anthony Tyndall 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 twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Tommy and Anthony Tyndall pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 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, Tommy and Anthony Tyndall is hereby assessed a civil penalty of: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 823.48 Enforcement costs $ . y 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; (8) The cost to the State of the enforcement procedures. ( ate) Kent Wiggins, Ac ' upervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality 1 DIVISION OF WATER QUALITY August 13, 2002 TO: Kent Wiggins Non -Discharge Compliance and Enforcement Unit THRU: Paul Rawls Water Quality Regional Supervisor Fayetteville Regional Office FROM: Robert F. Heath X- * Environmental Specialist II Fayetteville Regional Office SUBJECT: Enforcement Package Tyndall Farm Facility No. 82-173 Sampson County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details, please contact me. PR/RFH/bs ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection(s): April 24, 2001 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner Of Property: Tommy & Anthony Tyndall (Copy of Deed attached) 4. Name of Operator: Mr. Anthony Tyndall 5. Address: 1594 Carroll Store Road Autryville, NC_28318 6. Phone Number: (910) 567-6576 7. Description of Facility Location, Map excerpt attached. ;Travel from Fayetteville on Highway 24_East _approximately 6 mile to the intersection with SR 1006, turn left and go approximately 12 miles to Carroll Store Road (SR1430), turn right and go approximately 1 mile to facilityentrancc on left. 8. Date this facility began operation: The farm has been in full operation since November,1993. 9. Date of last expansion: Not Applicable 10. Has the facility registered with DWQ? YES X NO_ Il' yes, date of registration 11 10 93 11. Does die facility have an approved Animal Waste Management Plan YES X NO_ Is one required? YES X NO_ Date Approved: November 23, 1994 12. Has this facility received a CAFO Designation? YES_ NO X If yes, date issued: 13. "Type of Operation: Swine, wean to feeder 14. Number and type of livestock: The facility is designed and permitted for 9120 pigs per cycle. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained ii any 12 month period. Twelve (12) months. Page 2 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of die lot or facility' Yes, the farm was designed to have approximately 45.gcres of land on which to apply waste. The certified waste man ment plan calls for a combination of fescue pasture and cotton. At the time of the inspection, some portions of the spray fields had a poor to nonexistent fescue crop. 17. Type of Waste Management System: Swine are kept. in total confinement. free stall barns with slotted floors over flushing pits. Waste is flushed as needed from floor_pit_s into the waste lagoon system. Tire lagoon system is composed of three_ (3)-boons from which waste can he pumped to the application fields viaa. mobile reel and spray gun system. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: It was note d„that Oak Branch Swine Farm is located oll'SR1430„approximately 1000 feet cast of'die Tyiiclall_Far-m facility._Ms facility pWics waste on different fields, aldiougli it is upstream from the Tyiulall Farm facilitapplication site. The swine Cacility was not applying waste on the date of the investigation. 19. Proximity of facility to neighboring houses, wells, etc.: 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown 21. Proximity of facility to surface waters: Facility waste application field is located approximately 25 feet from a manmade ditch flowing to surface waters. 22. Animal waste discharged. Swine Witnesses: _johu Ham, DWQ-WQ IF Regional Office (010) 486-1541. Robert Heath, DWQ-WQ Fayetteville Regional Office (910) 486-1541, 23. Are pollutants discharged in the waters of the State? YES If so, how? On April 24, 2002, John -Hasty. and Bob Heath inspected the Tvndall Farm after notification by Glen Clifton (Technical Specialist with Prestage_Farms) _that z_prohleni ca erlthat we needed to investigate, An inspection of the waste application Geld was conducted and wastewater was observed ponded across several acres of tlic field. Further inspection identified wastewater had discharged into the canal ditch adiacent to the field_ An_ inspection of the irrigation eouipment was conducted and the gun cart was observed_ to have not engaged during the irrigigion event that occurred on April 22 2002. The gin cart had been Dulled out wid the pump started and the wastewater had saturated the 2pproximate one acre area around the cart. until wastewater began running into the lower areas in the field and into the ditch. The wastewater had flowed tlrrou h the field approximate] 100 y_arc_ls uiidl it enterecl a ditctr recently dug to allow drainage of the detircssional areas of the field for future installation ofunderground drainr re file. This Glitch through the field (fiscliaraed into another ditch chat connected to the large draina ge ditch that surrounds the ra ert and flows into die Waters of the State. At. the time of the inspection the recently dug Glitch had been clammed] (reportcdly on the morning of April Page 3 23, 2002) by Mr. T idall and Glen Clifton of Prestage Farms to stop the flow of wastewater from the field. Wastewater was observed in this ditch at, a depth of 18 inches (the height of the darn) and small muddles of wastewater were observed in,the adioining ditch below the dam in the field edge. It. should be noted that the dam location was on the opposite side of the waste application field from the location of the gun cart (M)proximately 200 yards). (See attached photos). 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24 hour storm? No 25. What is die degree and extent of harm to the natural resources of die State, to public Health, or to private property resulting from the violation? The discharge has -caused the introduction of nutrients into the receiving surface waters that will cause or add to die possibility of algal blooms and accelerated cutrophication of the slow moving waters of tie receiving stream. Also, samples taken indicate elevated fecal coliforin levels downstream of the facili!y. Sample results: Sample Location (3/23/01) 1. Source-ID#01 E32078 2. Upstream-IDWIWE32078 3. Downstream-ID#02WD42551 Coliform, Fecal BOD TKN Ammonia 7273 300 380 320 560 21 1.6 .73 540 3.8 4.8 2.7 'PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION" "There are no known public health issues atthis time. Waste dischi2=s of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of Agdculturee, Veterinary Division, transport_ swine disewies ifs conditions_are suitable. 26. Wliat is (lie duration and gravity of the violation?: As mentioned previously, the system was placed in the field without verifying that die system was operating properly or_failing to start,_ the engine designed to retrieve the gun cart. (see attached photo). Consequently,, run-off probably occurred almost immediately due to the compacted soil condition and the somewhat saturated field conditions as a result. of a 2 to 3 inch rain event the previous week and the improper set up of the equipment. Based on this inforniation and the fact that the DWQ�did not identif the problem until approximately 40 hours after the irrigation event, it can be si wised that waste had probably been dischaming for 24 to 36 hours. Page 4 27. Water Quality Assessment: At the time of the inspection, the discharge flow was nlir i al at the voints it reached the canal that flows to.lones Swamp, milking up an estimated 196 of the total flow in the creek. 28. W}i at is the cost of rectifying the damage?: The writer observed no areas that cleanup. activities would be recommended. There has been no report of downstream_ impacts outside the area of the inyesti . tion. 29. What is the amount of money saved by noncompliance?: Based on observations made during the investigations, tions no cost was siggifiguitly decreased by ovej�-apvl3jng the waste. Although, if enough waste was over -applied, it may have allowed for fewer spraying events in the future and therefore less man hours consumed. 30. Was the violation committed willfully or intentionallyP: YES NO X Explain: Although it does seem that the irrigation equipment operator should not have been irrigating on this waste application fields with the problems noted above, and should have been aware of" where lie was irri ,sting in the (lark there is no proof that this clischarfe was intentional. Theoperator in char e (OIC) either failed to inspect. within the required four hours or he failed in insure that the equipment was operational at the initiation of the irrigation event as is evident by the volume of wastewater ponded in the Field after 36 hours. Another possible scenario would be that the field was already saturated acid wastewater was ponded prior to initiating die irrigation event, as a result of aVrevious irriead!2n event that was conducted on April 20, 2002. 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? NOV/NOI: October 20, 2000. LMoon freeboard less than the required 19 inclies, quid fAure to notify in accordance with the General Permit. High Freeboard Notification: September 26, 2001, notified the_DWQ of potential compliance issue. NOD: October 17 2001 Compliance Inspection by Paul Sherman: October 17 2001 establish the required crop (fescue) and obtain technical assistance for possible drainage in fescue pasture. NOV: May 20 2002 Complete the drainage 12roiect initiated previously and close ditch in the field prior to resuming irrigation in this field. Submit a copy of the CAWMP, waste application records waste sam les and soil samples. Page 5 32. What is die cost to the State for the enforcement procedures?: . Regional Costs are as follows: Plioto, film and developing: $ 6.21 Mileage: $0.23 per mile for 100 miles: $ 23.00 Fecal Coliform ($46.80 per sample) " 3: $ 140.40 DOD (18.11)'3 $ 54.33 Nitrate (16.07) "3 $ 48.21 Nitrogen, Ammonia (14.00)*3 $ 42.00 Total Phosphorus (16.29)'3 $ 48.87 Total Kjeldahl (16.39)'3 $ 49.17 Total . 412.19 Robert Heath Q $ 20.01/hr 1.5 hours - Drive Time 1.5 hours - Investigation 8 hours - Report Development hours 11 total . 220.11 Jolin Hasty @ $ 19.77/hr 1.5 hours - Drive Time 1.5 hours - Investigation hours 3 total 59.31 Paul Rawls @ $31.87/hr hours -1 total . 31.87 Central Office Review 100.00 Total: S 823.48 33. Type or general nature of business: Swine. 9120 head, Wean to Feeder 34. What is die violators degree of cooperation or recalcitrance: Mr. Tvndall has complied with the notification requirements of Public Notice and the five da report. Due to die finding by the DWQ it would appear that Mr. T dall should have identified the problem with the irrigation event if he had inspected the operation in accordance with the Operator in Cl arg requirements. The inspectors feel that Mr. Tyndall should have been aware of the irrigation event on the field in guestion since the pump and reel were in close roximi (approximately 100 yards). The inspectors determined _from their inspectionthat this was probably, an intentional act to lower die lagoon to prevent a lugli freeboard violation. Mr.Tyndall was anticipating the DWQ to reinspect the facility. Mir. Tyndall had telephoned Mr. Heath on Page 6 his mobile nhone.on Monday morning (April 22, 2002) at 8:45 AM. to inform him of his progress with the missing records f'or die -farm, and offered to bring_them to his office For review possibly to prevent the inspector from observing; the lMoon level. 35. Are there any Mitigating Circumstances?: NO 36. Assessment Factors: fWC : Visuall Estimated at 126 at the confluence point between ditches draining waste from the spray site anti Browns Creek, 1). Receiving Stream: Browns Creek, Class "C Waters 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 Desiunation letter signed by the Director. 38. Recommendations Made to Owner/Operator: 1- Immediately cease pumping waste on to this field. 2- "fake immediate action to prevent any future discharge of waste. 3- Contact NRCS to obtain_ technical assistance if necessary. 39. Recommendations far further DWQ Action: - Notice of Violation Forwarded Ma 20 2002 - Enforcement Action - Reinsl)ection 40. Other Comments: In sumnum. it is the opinion of thus writer that the discharge of waste was not accidental clue to the Positioning and o aeration of the spLay gLin and the close proximity of the irrigation reel and irrigation puma that should have allowed the operator a view of the irrigation ec uipment as well as hearing tfie reel and gain operation. The waste apWication_field was poorly drained and die operator was aware that the clitehpreviously installed months in advance of the pplication event was present. The had Ope e f a discharr;c rttor m Charge would have been aware o an ins pecdon of the sj?my field been conducted within the four hours as rc uired on the evening ol'A ril 22 2002. In addition Mr, rI' ndall was made aware of'a discharge occurring on April 23 2002 at approximately 9:00 AM. by a representative of Prest, a Farms and was instructed to notify the DWQ immediately -and Mr. Anthony Tyndall neglec(ecl to report. '1'lie DWQ was notified by a PreslAc Farms representative that a problern existed and drat the Division should visit the farm on April 24, 2002 after discovering that -Mr. Tyndall had not reported. The Prestage Farms representative did not Mate that a discharge was occurrin& o�tly that_a visit by the, Division was required. In reviewing the irrigation records several discrepwicies were noted: the PAN'a lied for the previous three 3 ears was 263 pounds in 2000 253 pounds in 2001 and 80 pounds in 2002 which is less than 10 percent of the total produced. This indicates that the irrigation records were in complete or fabricated. The records are unacceptable and sugest that Mr. Tyndall has not recorded all irrigation events for the facility_in the past. tlirec nears. r 'a STATE OF NORTH COUNTY OF BLADEN IN THE MATTER OF Mr. Tommy & Anthony Tyndall Tyndall Swine Farm FOR VIOLATIONS OF PERMIT 15A NCAC 21-1.0217 CAROLINA 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, Alan W, Klimek, PE., Director of' the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Tommy & Anthony Tyndall operate a concentrated animal operation in Sampson County. B. The Tyndall Farm was permitted as a nondischarge facility on February 26, 1999, in accordance with 15A NCAC 2H .0217. C. On April 24, 2002, DWQ staff observed a discharge of wastewater by the Tyndall Farm from associated spray Fields to a tributary of Jones Swamp, which are Class C Sw waters of the State within the Cape Fear River Basin. D. The Tyndall Farm had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $ 823.48. 0 Based Upon the above - Findings of Fact, 1 make the following: II. CONCLUSIONS OF LAW: A. Tommy Tyndall & Anthony Tyndall is a "person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for tNs animal waste management system is required in accordwice with 15A NCAC 2H .0217 and G.S. 143-215.L C. The Jones Swanip 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. Tommy & Anthony Tyndall 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 twenty live thousand dollars ($25,000.00) 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. `1'he State's enforcement costs in this matter may be assessed against Anthony & Tommy Tyndall pursuant to G.S. 143-215.3(a)(9) and G.S. 14313- 282.1(b)(8) G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S.143-215.6A(li), has the authority to assess civil penalties in this matter. Bases[ upon the above Findings of' Fact and Conclusions of Law, I make [lie following: III. DECISION: Accordingly, Tommy & Anthony Tyndall are hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. $ for failure to report the discharge to the Division of Water Quality in accordance with 15A NCAC 2H. 0217. $ TOTAL CIVIL PENALTY authorized by G.S. 143-215.6A. $ 823.48 Enforcement costs $ TOTAL AMOUNT DUE Date As required by G.S. 143-215AA(c), in determining the amount of the penalty I have considered the factors listed in G.S.143I3-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to (lie public licalth, or to private property resulting from the violation; (2) Ilie duration acid gravity of* the violation; (3) The effect on ground or surface water quantity or duality 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. Alan W. Klimek, P.E., Director Division of. Water Quality 0 NCQENR, North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director May 20, 2002 Division of Water Quality CERTIFIED MAIL RETLM RECEIPT REQ>iJ)l+1STED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT . Permit Nol AWS820173 Tyndall Farm Facility No. 82-173 Sampson County Dear Mr. Tyndall: You are hereby notified that, having been permitted to have a non -discharge 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 April 24, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the waste application fields at the Tyndall Farm in Sampson County after being advised by Prestage Farms personnel, at approximately 9:30 A.M. on that date, that a,problem had been identified on April 23, 2002. The DWQ was requested to inspect the farm due to the failure of Mr. Anthony Tyndall (the operator in charge) to notify the DWQ of a discharge that occurred on April 22, 2002. The inspection revealed that the freeboard level of the. lagoon (31 inches) was 10 inches lower than the previous inspection on April 9, 2002, after the facility had received a substantial rainfall event of 2 to 3 inches the previous week. An inspection of the waste application field was conducted and resulted in identifying several areas where wastewater had previously discharged into a canal adjacent to the field and wastewater in a ditch on the opposite side of the field approximately 200 yards from the location of the irrigation gun. A small dam had been constructed in a shallow ditch on April 23, 2002, after Prestage Farms personnel observed the discharge, to prevent any additional wastewater from entering the ditch. The General Permit condition 111.6.e states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: "f. Overapplying animal waste either In excess of the limits set out in the CAWMP or where runoff enters surface waters." The Division of Water Quality requests that the following items be addressed: Complete the drainage project initiated previously and close the ditch prior to resuming irrigation. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone. 910-486-154i1 FAX: 910-486-07071 lnlemet: www.ez1-r.sw1c.nc.us/ENK An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Tyndall Page 2 May 20, 2002 2. Submit a copy of the last 12 months of irrigation records (IRR- l and IRR-2 forms). 3. Submit a copy of the waste analyses (lagoon sample results) for the last 12 months for the facility. 4. Submit a copy of the last soil sample reports for the facility. Submit a copy of the CAWMP for the facility. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Fayetteville Regional Office of the Division of Water Quality is considering forwarding recommendations to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before May 30.2002. Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for this consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist, or meat 910-486-1541. i Sincerely, Paul E. Rawls Water Quality Regional Supervisor PER:RH/bs cc: Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC, Fayetteville Office Glen Clifton - Prestage Farms Central Files y 11 -. a 4 + ■'Complete Items 1, 2, and 3. Also complete' Item 4 If Restricted delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space peen€ts. 1. Article Addressed to: Mr Tommy 'Tyndall 1594 Carroll Store Rd Autryville.NC 28318 82-173 A. Received by we Fr! Clearly) B. Date of Delivery SI azure V ❑ Agent x /w /�,.13 Addresses D. Is delivery ddreaVdifferent from Ilem 1? ❑ Yes It YES, e r delivery address below: C] No 3. Service Type {Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 0 4. Restricted De3lvery? (Extra fee) ❑ Yes 2. Article Number 7099 3400 0011 1132 2258 jhansrer from service raoelj , P; Form 3811, March 2001 Domestic Return Receipt 102595-01-M i424. ?t; "I it}II I i `l tttl_ ► t ii !� S Postal ! i p +L RECEIPT J(Oolrie�itic Mail only; 1Yo'1nsurqncb�c0vernqe Provided) i Lil fL } ru 82-173 rt_t Postage $ .34 m r-a Certified Fee 2.10 Retum Receipt Fee (Endorsement RBquir@dl 1 . 0 Postmark Here p Restricted De'vory Fee r3 (Endorsement Requir©d) 0 at Total Postage 6 Fees $ 3 . 94 r lL(P�easq Pnnt Clearly) Ro be complererf by merler) _. TdalZ_-.tr-.o.; orPO 8vx No •--------------------•--••--•----------------.---- Ir-Carroll store Rd lP+q-------------------------- --------------------------------- --- r`ille NC 28318 iztpart to: 1YAJ EK QUA -Lit Y Z)Lk,, 11UIN .asp © CHAIN OF CUSTODY (COC) RECORD I) j ;NC DENRIDWQ LABORATORY (check ane): CE:VTRAL 1 ] AR0 (] WaRO -/ For Investigation of: 4- �f0, tj x �T �� Mi C y _ot r Sample collector (print name) r and D,M-1 farms completed by: 13O k Sample collector's signature: Field storage conditions and I cation (when applicable): � Lab Else Only LAB NO. STA"riON NO. STATION LOCATION DATE SAMPLED TWE SAMPLED SAMPLED NUMBER OF CONTAINERS I l.c.) G•Wt. � / � 1�--- Rclin ed y (si re): Date Z -o Time (�', rs Re sve (signatu e 0 Time R6uished by (ignature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time , Method of Shipment (circle one . State Courier Hand -delivered Federal Express UPS Other: Sealeden Security Type and Conditions: by: (NTRALABORAORY CHAIN OF CUSTODY - Lab Use Oniv LAB NUINIBERS FROM THROUGH NUMBER BOTTLES ANALYSES R.EQUESTED RELINQUISHED BY: RECEIVED BY: DATE TIhdE �r' { '"1 /.� j j DS6 r,' i t vx q eft^ osmS�Sample ReceivinglCOC form WQ 4/ H I dbs DWISION OF WATER QUALITY t-1-1,1" Iwlwrarart HrPorl J Water Quanly 0 SAMI'LL'_I:YI'li I OUN,l)' SAMPSON L'RIQF11l_1' ItIVIA1 BASIN; AMRIrNI' QA STREAM EFFLUFNT RF:PORTTO r FRO Regiam101fwc COMPLIANCE a Cl1A1NOFCUSTODY LAKE INFLUENT Imb— : EMERGENCY VISIT Ill ESTUARY col-LECi'OR15) : RHEATII .7 lab Number ; 2 W2547 Pale Rcceiwd : 4/75/2(112 'line Remind; 9:23 AM Reocived By DS y` s d I I b Re" .'iy Aekaed : AR Date Reported: 5/I6/20(Y2 icUnule4 R4)P Range: Station Location: TOM & ANTHONY TYNDALL FARM Seed: Clrinrinated: Remar kt: Station M Date Begin J+jdcwmldd) pare End py/eam/dd) That BeRia Time End I Depth - DM. DR. D611 Ydne Type - A, It, L Cewpeskt T. S. B I Sample Type 20020424 0415 w BUD 310 3.8 G3 G9 Jz nVL COD Ifigh 340 m1V L COD Low 335 /L CcgiGtrm: MF Fecal 31616 1100m1 Culiform: M17 ibtal 31504 /100ml Colifdrnc tube Fecal 31615 / 100ml Colifurm: Fecal Suep 31673 /100m1 Residue: Total 5W - m /L Volatilc505 m /L N" 510 /t. Residue: SusEEwlerd 530 IRBIL Vn41i a 535 m /S- fiard 541) m /l. 41 4413 units Acidity to pit4.5436 m /L Acidity to p IIB.3435 m /L _ Alkalinity to pl18.3415 mglL AlUlini!y to pf14.5410 /L 1 CK 690 L I-nhidgy 76 NIU Colifo(m Total Tube "/100 mis COMMENTS a Chkxidc 940 L Chr a: 7 ri 32217 u /L Chl a: Carr 32209 u /L I'by in a 32213 u / L Colas -fnw 80 C.U. Color:(1I)83 al= C.U. Color. P11 7.6 82 C.U. Cyanide 720 m /L Fluorirdc951 m /L F4nmaktrl1de 711t8U /L breast and OR& 556 /L Tlardraml 7irtal 9pl m /L NpNirk- i) nkl. 4S urnlan/cm2 NIIIA5 39260 m /1. Phenols 32730 a /L Sulfate943 mg/ L Sulfide 745 mgl L Baron Tannin& lignin a /L ilexavaicmctnomium u /L Bicarbooale /L F—ic.,b... /L X NIJ3 as N 610 2-7 rtr L X TKN an N 62S 4.833 y&L Y- NO2 ptus NO) as N 630 0.71 mg/ L P: 1 oral as P 665 0.52 n /1. PO4 as I' 70507 m /L P: Dissolved as P 666 tn/L K-Potassium m L Cd- Cadmium 1027 u /L CF-Cht0mium:T0ta11034 u /L Cu- C r 1042 u 1. Ni-Niclet 1067 /L 11Lead 1051 tr /l. %n- %irk- 1092 a /V V-Vanadium u /t. A Silvn 1077 u /I. At. Aluminum 1105 u /L Be- Ilium 1012 u L Ca. Cakium 916 m /L Co- Cobalt 1037 u /L i r-bore f045 /L Li -Lithium 1132 qVL m92J RWL Mumangarmse 1055 u L Na-Sadiunt929 m /L AlscniClou11002 u L Sc- Selenium 1147 u /L li McKu 71900 1. Ba_Barium UFVL OrganocttlormL Pesticides organnPIKdFlugus Pnfn1&s Arid Hetb0des Iliac/Ncutral&Add I mactable Chganics -TPI l DxwJ RaqE Purgeable organics(VOA bottle r 'd) TPII Gasolur Range TPII/BTEX Gasoline RanM nYm1e DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY µ �1 L PRIORITY SAMPLE TYPE RIVER BASIN cte ea,- ❑AMBIENT REPORT TO: AR FR RO RO WaRO WIRO WSRO IS ❑ QA{� ❑ STREAM AT Other ❑COMPLIANCEIaAAt ❑ LAKE OF CUST DY Shipped by: Su C urler) Staff, Other ❑ EMERGENCY ❑ ESTUARY COLLECTOR(S): 1 £silmated BOD Range: O-5/S-25/25fi5/40.130 or 100 plus STATION LOCATION: �� at►'i 17 tQl2 G �[/ Seed: Yee ❑ No ❑ Chlorinated: Yea ❑ No ❑ REMARKS- rv� 3 EFFLUENT ❑ INFLUENT Station ii Date Begin (yy/ram/ddj Tlmt Begin Date End Time End Depth DM DR DBM' BOD5 310 /I 1 mg i COD Iligh 340 mg/1 3 4 COD Low 335 mg/I Colllorm: MF Fecal 31616 /loom[ 5 Coll(orm: MF Total 31504 /100ml 6 Colllotm: Tube Fecal 31615 /100mt 7 Colllotm: Fecal Strap 31673 /100mi 8 Residue: Total Soo mg/I 9 Volatile 505 mg/l 10 Fixed 510 mg/I 11 Residue- Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 PH 403 units 15 Acidity to pli 4-5 436 mg/I 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mgA 18 Alkalinity to pH 4.5 410 mg/I 19 Ttx 680 mg/1 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Trl 32217 ug/1 Chi a. Corr 32209 ug/I Pheophytin a 32213 ug/1 Color: True 60 PI -Co Color:(pll )83 ADMI Color: pli 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 71880 mg/1 Grease and Olis 556 mgA Hardness Total900 mg/1 Specific Cond. 95 uMhos/em2 MBAS 38260 mg/1 Phenols 32730 ag/I Sulfate 945 179g/1 Sulfide 745 mg/1 epki Lab Number Date Received: Ime: Reed by:,X-D i From. Bu ourie -Hand Del DATA ENTRY BY: CK: DATE REPORTED: A H L N113 as N 6lO mg/I TKN as N 675 mg/1 NO2 plus NO3 as N 630 mgA P: Total as P 665 mgA P1( a■ P 70507 mg/1 R. Dissolved as P 666 mgA Cd-Cadmlum 1027 ugA Ct-4L_-nom1um:Tota11034 ugA Cu-Copper 1042 ug/i NI -Nickel 1067 uSA Pb-Lead 1051 ugA Zn-Zlrrc 1092 ug/1 Ao-Sliver 1077 ugA AI -Aluminum 1105 ug/l Be -Beryllium 1012 ug/1 Ca -Calcium 916 nrg/1 Co-C:obelt 1037 ug/1 Fe -Iron 1D45 u1aA Compossee T S R Sampie Type C G GNXX LI- Lithium 1132 ugA Mg-Magneslum 927 mg/l Mn-Manganese 1055 us/1 Nn-Sodlum 929 04/1 A r senlc:Total 1002 USA Se-Selenlum 1147 ug/l Hg-Mercury 7I"0 agA 0rgsnochlortne Pesticides Organ nhXA# xo Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable, Organics Purgeable Organics (VOA bottle reg'd) Phytoplanktnn Sampling Point Conductance at 25 C Water Temperature D.O. mg/1 PH Alkalinity Acidity Air Temperature (Cl PH 8-3 pi! 45 pH 4.5 pit 8.3 2 94 10 30D 400 ■ 8=44 431 82243 182241 20 Salinity X Precipltlon (in/day) Cloud Cover X Wind Direction (Deg) Stream Flow Severity Turbidity Stverlty W Ind Velocity M/H ten Stream Depth ft. Stream Width it. 480 45 32 36 1351 1350 35 64 4 DMI/Revised lo/M NC DENRIDWQ Chemistry Laboratory Report to: F�i2~ C Sample Anomaly Report (SAR) Lab Number: Lt Sample ID: Station Location: lotnn 1 Ki 1<a.. :_n4gltounty: :=>a woo .s C4,k Region: Sample Type: V-')c%Ass Uit,�t,.-}- Priority: Collector: - He Date collected: ram- _I •24 I a .2 Date received: 4 / 2 ! / 0 2 Date analyzed: I I Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ METALS O NUT ❑ MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with hcadspace ❑ Sulfide samples with hcadspace Cl Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsheet ❑ Mistabcled as to tests, preservatives, etc. ❑ Holding time expired p Frior.to receipt in lab ❑ After receipt in lab ❑ Insufficient quantityfor-analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Comments: L` E --x T 7+ Jc t '^ -r e S ?4 ? T�L LL4C Corrective Action; 1 ❑ VOA ❑ PEST ❑ SVOA ❑ Quality Control O Instrument failure -• no reportable results ❑ Analyst error — no reportable results O Surrogates ❑ None added O Recovery outside acceptance limits ❑ Spike recovery © None added ❑ Recovery outside acceptance limits O Failed to meet criteria for precision ❑ Interpol standards O Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume Cl Samples were rejected by DWQ Lab. Authorized by: Date: I I o. Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: ❑ Sample reported with. qualification. Data qualification code used: ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: Date: Form completed by: Lead Chemist Rev ew ttial): �7 Bloc' © PEST �j hfETALS � ❑ VOA Branch Head Review (initial) QA/QC Review (initis Date: s l_ i - I ❑ SVOA Logged into database by (initial): l0 QA%FormslU;a iwryLSAR tadya ldhs Report to: fG Sample Anomaly Report (SAR) Lab Number. — Z. tr..t 2 S 4 Sample M. 3 Station Location:.7Knga11 Farrar - County: Sa rKe 5oln Region: _ R0 Sample Type: Wo Priority: Collector: 14 u �~ )ate collected: OZ _lO�(l 7- Date received: 0 2— / O ! " Date analyzed: 0 Z / p4 / zs - Affected Parameter(s);Q_� Analytical Area (check one): ❑ WCH ❑ METALS ❑ NLIT X MICRO The following anomalies occurred (checl: all that apply): ❑ Samples ❑ - Improper container used ❑ VOA vials with headspace 0 Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsheet © Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lob ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pia out of range (record pH): _ ❑ Improper chemical Q Residual chlorine present in sample O Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ VOA ❑ PEST ❑ SVOA Quality Control Ica be -law * g Instrument faiIurew , ❑ Analyst error — no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recovery outside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination g QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: • ❑ Insufficient sample volume ❑ Other (specify): Comments: GR 1 '>i3soly-j O*NUtus&'-G- ---04 7hm �lu.v,k4 _ was tne40CAVC 6�1 r. ~ o.ot, 'ILL Liu = ' 0.011 ,,r -r...... L.,.1_ .� "�.' t. i � � �..n•%:,n n r ... �•4.. �.. �- 2eaG a ..��e`..�•�,.�.... �-f- ..... d h .. � C . C- 2•0 -It � �t►r ait c�4 4}+ors '1+n itna c.r.�ta seq. ^j' .. rerwr-te.J. Corrective Ction: �i DV va %AA, 9-- th?t. s ti+MP�.c `%%a 2 N. bast % 0r 0. 7'0 v4 5&.+"p4 J%4 %%S4 % . R -1L D a Samples were rejected by DWQ Lab. Authorized by: Date: ❑ Accepted and analyzed after notifying the collector or contactperson and determining that another sample could not be secured. ❑ Sample(s) on hold until: �& Sample reported with qualification. Data qualification code used: _ - G`1 i 316-00 ❑ Other (explain): Notification Required (circle one)? "Yes No Person Contacted: �,' Date: / 1 Form completed by: _ C y Date: 0.V !_ o lO L- Lead Chemist Review initial): qL BIOCHtiht `❑ PEST ❑ SVOA �Ci►` METALS O VOA— Hrrnch Head Review (initial)' QA/QC Review (initial Logged into database by (initial): QAkhmu%abaraorylSAR IaR] Ladb� itiC DENR/DNVQ Chemistry Laboratory Sample Condition Upon Receipt Anomaly Report (SCUR) Lab'Number: 6� oC E5 4 4_77 qatnple lD: ;";' Station.Locattott; . �d& rY ..Junry: River Basin: �~ Collector: DateBdgih::Y� /. Q Time Be -in: Priority:Sample:Type p Affected -Parameters: The condition of these samples were not acceptable because (check all th t apply): ❑ Coolers Samples (affected samples arc described below) ❑ Samples were not received on wet ice Samples not received. but Listed on fieldsheet ❑ No temperarure blank submitted ❑ Samples received, but not listed on teldsheet ❑ Cooler T° reading: aC ❑ Samples not received. but listed oil COC ❑ Temperature >6°C. T° reading: °C ❑ Samples received. but not listed on COC ❑ Samples frozen ❑ Mislabeled as to tests. preservatives, etc. ❑ Holding time expired ❑ Containers ❑ Improper container used ❑ Leaking ❑ Insufficient quantity for anal% sis ❑ Broken ❑ Without labels ❑ VOA vials with headspac_ ❑ Sulfide samples with headspace ❑ Container Labels ❑ Not the same ID/info. as on COC ❑ Not the same ID/info. as on fieldsheet ❑ Incomplete. Missing the following: ❑ Station #/Sample ID © Collection date ❑ Collector ❑ Analysis ❑ Preservative ❑ Other: ❑ Markings smeared or illegible ❑ Tom Chain of Custody \ ❑ No custody seals ❑ Custody seals not intact ❑ Not relinquished. ❑ No date/time relinquished O No sisnature Incomplete information ❑ Documentation ❑ Fieldsheet wetlille,ible ❑ Fieldsheet incomplete: ❑ Records not written in indelible ink ❑ Other ecif �y Corrective Action: ❑ Samples were rejected by DWQ Lab. Authorized by: ❑ Accepted and.analyzed per collector's request after notifying the collector. ❑ . Accepted and'analyzed after notifying the client and determining that another sample could not be secured. ❑ Sairipie{s)`tiin'ligld^until:. - �y r ❑ Other ex in, �. c 'A jjEee.• r 1 M f Person Contacted r V O Date:1 (L� Form completed by: ate: q Jnit Leader Review (initial): NUT VOA SVGA ytET WCH PEST M IC QA1FormstSample RcceivinglSCUR dh. DIVISION OF WATER QUAI.1'IN Ch—i.tn I,91mlelvn Rrpvrr l Water (jvalhy El SAMYLL I )AT I-ab Number Dale Recrivrd : 2W2546 4/25/2002 SAMI-WN UIURII-Y• limeRcobvcd: 9:25AM Rls'VR"A41N: AMBIENT a QA STREAM %� EFFLUFNT Received By RErORrro rRO Regiona1011ke COMPLIANCE CIIAINOFCUSTODY - LAKE INFLUENT /1 J (f 4lelrtt _ EMERGENCY VISIFID ESTUARY 1�I���jj Dat�sed A0. COLLrC-Ttlf�S)' 81fiA111 Val,Rerened: 5/1612002 Ealmnled DOD Range: Srarsan Loeatiov: 70M & ANTHONY TYNDALL FARM Seed; Chlorinaltd: Rtmarks: Stalkue I Datt Bagkn ly)imru/dd) Dale End Jy�Imm,ddl we Begin Tkmt End Depth - D3f, DB, DIRM Valm Type - A,11, L CompositrT, S. B Sample hpe 20020424 0415 r B0U310 21 G9J2 /L COT) 160 340 m /L LOV LVW 335 m /I. Colifmm: MF I mal 31616 /loumt Colifti m:1.1FTotal 31504 /iooml Coliforen: tube Fecal 31615 / I00ml Colifoyro: recal Strep 31673 /IDOW Rr2idue:1otal500 mg/ L Volatile 505 HVL Fiord 510 in/1. Rtsi{hre: Su 530 /I. Volatile535 ns /I. riscd 540 ru /l_ 1,1140) units Aridit ut pi 14.5 436 m /1- AddLl to pl18 3 435 m L Alkalinity Lo pf1 8.3 415 m /L Alkalinity to pil 4.5 410 m /L TOC680 rn /L I wt"gy 76 NTU Coli/rum Toul Tube '! 1U0 mis COAMIEN IS Chloride 940 WiL Chi a: Tri 322t7 u /L Chl a: Cott 32209 u ti. l'brophytin a 32213 u /1. Colw: "I'iuc 80 C.u. Color: (pit ) 83 plim C.U. Color: piI 7.6 82 C.U. Cyanide 720 m /i- I'luofidc 951 /L I:armaldchvde 718A0 m /L 1;w4w and Od% 556 n !I. llardrrss 'lotal900 -n /L S trilic Cund, 95 umlmrs/cm7 MOAS 3112(11 m vl. Nxmo$32730 u /I_ Sulfatc945 m /L Sulfide 745 /L Daltm Tannin &Ll in u /L 11e11valeat Clutsmium /L Birarhona1E /L Carbonate m /L X NH3 as N 610 0-73 MVL x TKN an N 625 1.6 /L K NO2 plus NO3 as N 630 0113 m /L C K'Ireal as 11665 0.67 mg/I, I" as P 70507 m /L P, Dissolved as P 666 m /L K-Potassium ro/L Cd-Cadmium IU27 u /L Co-Chromium:loul1034 up L Cu. S-9m 1042 a /L Ni-NiciH 1067 110. No- Ixad 195) Uitil, Zn• Tor W92 .0 /I. IV -Vanadium u /I. A - Silver 1077 u 1. Al- Aluminum 1105 u /L Be- Dc 11ium 1012 u /L Ca- Calcium 916 m /L Co- Cobalt L037 /L Fr- lion 1045 /L Li -Lithium 1132 uVL Mg- magnesitim 927 L Mrt-Manitarrsar 1055 u L Na- Sodium 929 m 1. Aiscnie'A'atal1002 u L Se- Selersium L 147 u /L if - Mercury 71900 u /L Ba_Barium u L Or sroehlarirme Powidn Otpriophosphoms. peakidrs A6d I Imbxi&,s Itase/Neutral&Add lialratiabie l)r nies -I I'II Lhcsd Range Pur ble Or nin (VOA bottle d) TPH Gasoline Rang- TPII/BTEX Gasoline Ranir Pit 4rtktots SAY 2 2 ='{ DIVISION OFF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY 5,41 -L n PRIORITY SAMPLE TYPE R1VO1 BASIN Q �~ ❑AMBIENT El QA D ❑❑ STREAM �EFFI.UENT REPORT TO. ARO p RO R O WaRO WtRO WSRO TS AT a M Other ❑COMFLIANCFI�IN OD LAKE ❑ fNFIi1ENT �] OF CUSTO Sblpped by: Bu Courte Stat1, Other []EMERGENCY❑ESTUARY COLLECTOI i 1 Estimated BOD Range: 0-5/5-25/25.65/40-130 air100 plus STATION LOCATION; C li /] ?�h jot { id/ n Seed: Yes ❑ 14a0 Chlorinated: Yea❑- No❑ ,REMARKS: Fnr 1-6 Ilse nN1.V Lab Number, Date Received: I Tito.; Rat'd b : From: B -Courier and pal DATA ENTRY BY: CK: DATE REPORTED• Station # Date Begin (yy/mm/dd) Time Begin Dale End I Ime End Depth DM DB DBM Value Type Compoolle Sample Type / 6" A H L T S B C G GNXX 1 BODS 310 moil 2 COD High 340 moil 3 COD Low 335 mg/l 4 Coliform: MF Fecal 31616 Moral 5 Coliformn: MF Total 31504 /100ml E Coliform: Tube Fecal 31615 /100ml 7 Colliotm: Fecal Strap 31673 /100ml 8 Resldue: Total 500 moll 9 Volatile 505 moll 10 Fixed 510 moll 11 Residue: Suspended 510 moll 12 Volatile 535 moll 13 Fixed 540 moll 14 PH 403 units 15 Acidity to PH 4.5 436 mg/1 18 Acidity to pH 3.3 435 moll 17 Alkalinity to pH 8.3 415 mg/i 18 Alkalinity to poi 4.5 410 mg/1 19 TOC 680. mg/1 20 Turbidity 76 NTU Chloride 940 mg/l Chi a. Trl 32217 uo/1 Chi a: Carr 32209 us/1 Pheuphytln a 32213 ugA Color: True 80 Pt -Co Color:(pll ) 83 ADMI Color: pH 7.6 B2 ADMI Cyanide 720 mg/l Fluoride 951 moll Formaldehyde 71880 mo/1 Grease and Oils S56 mg/1 Hardness Total900 Moto Specific Cond. 95 uMhos/cm2 MSAS 38260� Mon Phenols 32730 USA Sulfate 945 Mgtl Sulfide 745 mg/I NH3 as N 610 MVA THN as N 625 MgA NO2 plus NO3 as N 630 mgA P: Total as P 665 tog/1 PO4 as P 70507 moA P: Dissolved as P 666 mgA CA -Cadmium 1027 USA Cr-Chromium:Total1034 USA Cu-Copper 1042 ug/1 NMVlckel 1067 ugA Pb-Lead 1051 ttgA zmzlnc 1092 USA Ag fiver i077 Mg/1 AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/1 CaCalclum 916 m9A Co -Cobalt 1037 ug/1 Fe -Iron 1045 USIA LI-Llthlum 1132 ugA N"agnestum 927 mo/1 Mn-manganese 1055 ug/I Na-Sodlum 929 mg/l Arsenic:Total 1002 ugn 5e-Selentum 1147 up/1 Hg-Mercury 71900 usA Organothlortne Pestleides Olganophosphorus Pesticides Acid Het6icides Base/ Neutral Extractable organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) PhVtoplankton Sampling Point S Conductance at 25 C fflater Temperature jL1 D.Q. nr%A pH Alkalinity Acidity Air Temperature 4 pH 8.3 pit 4.5 pH 4.5 pH 8.3 2 94 10 300 401) 1. 82244 431 82243 182242 20 Salinity X Preclyilion Oniday) Cloud Cover X Wind Direction 0]eg) Stream Flow Seventy Turbidity Severity Wind Velocity M/H can Stream Depth It. Stream Width IL 480 45 32 36 1351 1350 35 64 14 DM 1 /Revised 10186 ikeport to: biz Sample Anomaly Report (SAR) r Lab Number. 2 W 2 S' 4�, Sample M. 1 Station Location: 2_ dal( 6-% Ups •. County: 5ajL-4 5 a r __ Region: 0 Sample Type: _ Inl Q Priority: Collector: e.�.iA Jate collected: �_1 l Z� Date received: 0 L I o q 1257' Date analyzed: o i-/ o / Z Affected Parameter(s): *90�> Analytical Area (check one): O WCH ❑ METALS C1 N.UT K MICRO The following anomalies occurred (check all that apply): O Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsheet ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction, ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): ❑ VOA ❑ PEST ❑ SVOA Quality Control set btlaw' * ), Instrument failure - ne-mpereablie mst:}tr ❑ Analyst error - no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits 0 Spike recovery ❑ None added ❑ Recovery outside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards 0 Blank contamination QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: • 0 Insufficient sample volume Comments: et Di5SaluJ oy 04 blacks was " of ve. CB,= �a-04 ^�+. , t3s. = -0,a1 �l�) Zoenv" f rN T" 05`.lwcz 6 e+., 13 C aW1 1 3 L Corrective Action: a Samples were rejected by DWQ Lab. Authorized by: Date: ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: Sample reported with qualification. Data qualification code used: 6-9� Tz Q Other (explain):. Notification Required (circle one)? Yes No Person Contacted: Date: I / Form completed by: _ C' �f h Date: Q I a 1 G 7 I Lead Chemist RenM1ew� rrotiol): fa WO.M., vie t7 PEST ❑ SVOA METALS ❑ VOA Stanch Head Review (initial): QA/QC Review (initi Logged into database by (initial): QAV*rn%iq hwuay%3AR .IOilNoldh� NC DENYR/DWQ Chemistry Laboratory Sample Condition Upon Receipt Anomaly Report (SOUR) ���� rr P� Mali Number.:`t .L ', tY vk; `_ "att: y iple ID } �� Stations�ocatton _* -'Cr? ,....-2. _-r: J�u S�,.r ax ya �}+•fA on K,-.r.4 ' i �et `- t .. Gkkko111Elector: ? r "�' VBP Date Begtit'�;Tima Begin. l „r� 14 �.�'�';F a' { - 1• ✓ yl,'-1 � •(S. L4i'll'l!F MN n Pnority.� , .,'. U.%-rf� y�4:. TS r M�. . ' !­ .d..;',yy �• `�ry�!.M d \ AffectedtP.arameters. ..P'.YtJ.e (` �yki'4G The condition of these samples were not acceptable because (check all th t apply): ❑ Coolers Samples (affected samples are described below) ❑ Samples were not received tin wet ice Samples not received. but listed on fieldsheer ❑ No temperature blank submitted ❑ Samples received, but not listed on iieldsheet ❑ Cooler T° reading: °C ❑ Samples not received. but listed on COC ❑ Temperature >6°C. T° reading: °C ❑ Samples received, but not listed on COC ❑ Samples frozen ❑ Mislabeled as to tests, preservatives. etc. ❑ Holding time expired ❑ Containers ❑ Improper container used ❑ Leaking ❑ Insufficient quantity for analysis ❑ Broken . ❑ Without labels ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Container Labels ❑ Not the same ID/info. as on COC ❑ Not the same ID/info. as on fieldsheet . ❑ Incomplete. Missing the following: ❑ Station #/Sample ID ❑ Coilection date ❑ Collector ❑ - Analysis ❑ Preservative ❑ Other: ❑ Markings smeared or illegible' ❑ Tom Comments: Corrective Action: `Accepted'; �:Accapted' .nit Leader Review (initial): NUT WCH QA\Forms\Sample Rcceiving\SCUR A Chain, of Custody ❑ No custody seals ❑ Custody seals not intact ❑ Not relinquished. ❑ No date/time relinquished ❑ Na signature Incomplete information ❑ Documentation ❑ Fieldsheet wet/illegible ❑ Fieldsheet incomplete: ❑ Records not written in indelible ink ❑ Other ecif r. lisliiiiffi i�DWQ Lab.."Authorized by: er collector's request after notifying -tile collector. fter notifying the client and dett;rmiitin that another sample -could not be secured. i M Vol _ VY�t7,r" Date: / 1 Form completed by: 1N.ZL%.n I vid ate:11� VOA SVOA MET PEST MIC ' do r. uI►'rs14)i\ Or• w,><'rFra: Qunl,rn. Ch.mhiey Lah..r.l—r Itrp.ri t t\'�4r "..Illy I at, Nurnlrr 2 W2545 \V 5AMPIE 1,M Date Received: 4/25/2002 C411INIV SAMPSON PRIORI IN Time Received: 9.25AM RIVERRA$IN; - AMRMNI' QA Sl-RI{AM EFFI_UFN'F Received By l75 REPt)RT Ito ; IRO Rcrinna1 00icc COMI I.IANCI: C11.AIN OF CUSTODY I.AKF. INFLUENT FMEiRGENCY VISI1'ID FSl't7A)tY Da`dReleased AR r B IIFATIE Date Reported: 5/16/2002 F'afha.rrd 1111p it —re: S1.1l.a l.9r 01mv: 'I OM RAN [ IIONY'I YNOALL I I(K; FARM Seed: Chbrlaaled. Remarks: $f1tMa N Date Begin (yylmmldd) Date End (_sylmmldd) 1 Time Begin Thne End I Depth - DNI, DB, DBNI Salve Type - A, 11. L C9mposlre-T, 5, B 52mple Type 20L2N24 0415 X BOD 310 . 300 G9 J2 m L COD Iligh 340 mg/ L COD Low 335 m /L Coliform: MFfecal 31616 /100ml Colifarm: MFTotal 31Rol /100ml Coliform: tube Fecal 31615 /100ml Coliform: Fecal Stsep 31673 /[OOmI Residue: Total 500 m /L Volatile 505 m L Fixed 510 m /L Residue: Susprrmkd 530 m L Volalile535 m L Fixed 540 m /L 11403 units Acidity to pl1 4.5 436 m /L Acidity to PIIl5j435 m /L Alkalifiky t0 PI1 8.3 415 m /L _ Atkatinil to 11 4.5 410 m /L IOC680 m /L I Wjidijy 76 N'rU Qdiinm'1'rnal E'1dr '/R111 m1$ COMMENTS: Chloride 940' L Chi a: Tri 32217 u L Chi a: Corr 32204 u /L I'licaphytina32213 u /L C040r: True 80 c.u. Color:{ 11) 83 pit= C.U. C010c E1 7.6 82 C.u, C anide 720 mjV L Fluoride 951 m /L Fat=kkh do 71880 m L Grease -red Oil$ 556 m L Ifardreess T0131900 m /L S ' . Co.& 95 umhos/cm2 MBAS 38160 m /L Phenols 32730 u /L Sulfalc945 m /L Sulfide 745 m /L Boron Tannin &Li in u L I[exavalcm Chromium u /L IlKarirmarc m /1. CarUulure m /1• • N113asN610 320 m L X TKN an N 625 380 m /L X NO2 plus NO3 as N 630 0.115 m /l. X P: Total as P 665 53 m /L PO4 as P 70507 m /L F. Dissolved as P 666 m /L K-Potassium m /L Cd- Cadmium 1027 u /L Cr-Chromium:Telal 1034 u L Cu- Coppet 1042 L Ni-Nicke11067 u /L Pb- Lead 1051 u L Zn- Zinc 1092 upVL V-Vanadium u L A & Silver 1077 u /l. AI- Aluminum 1105 ug/L Be- Beryllium 1012 u /L Ca- Calcium 916 m /L Co- Cobalt 1037 u&tL Fc-Iron 1045 u L Li -Lithium 1132 u L MV., Magnesium 927 m /] Mil -Manganese 1055 u /L Na- Sodium 929 /L Arsenic:Total 1002 u L Se- Selenium 1147 u L 1 [ - Mercury 71900 u / L Ba_Baritrm u L Or w,:Wm. Pestdes Or Pesticides Acid Ilerbicides Base/NeutraM Acid Extractable Or nia 3'Pli Diesel Range Pur able Organics (VOA bottle rc 'd) TPI I Gasoline Range TPIE/BTEX Gasoline Ra Phytoplankton MAY 12 2 r . ! t 6 j DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY Ft -L ORM (DM11 COUNTY o.- PRtORtTY aMPtE Tee RIVER BASIN Ct AMBIENT REPORT 'FO: ARO R RO RRO WaRO WIRO WSRO TS ❑ ❑ O M EFFLUENT AT BM ❑COMPLIANCE CH ❑LAKE ❑ INFWENT Other r_1 OF CUSTODY r-1 Shipped by: BUS Courier Staff, Other U EMERGENCY I U ESTUARY COLLECTOR(SY. ` Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: } { _ 54L1 C_ Seed: Yes ❑ No❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample T �J Z + (� A H L T S B C G GNXX For l.ab ilc. ONLY 1 BOD5 310 mg/l 2 COD High 340 mgA 3 COD Loa 335 mg/I Collform: MF Fecal 31616 /IOOml 5 Coliform: MF Total 31504 1100ml 6 Collform: Tube Fecal 31615 /100ml 7 Collform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/1 10 Fixed 510 mg/l i 1 Residue: Suspended $30 mg/1 11 Volatile 535 mg/1 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to pH 4-5 436 mg/1 16 Acidity to pH 9.3 435 m9/1 17 Alkalinity to pH 8.3 415 mg/t 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 - mg/1 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Trl 32237 u2/1 Chi a: Corr 32209 ng/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pli 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/l Fluoride 951 mg/1 Formaldehyde 71880 mg/1 Grease and Oils 556 mg/l Hardness Total900 mg/1 Specific Cond_ 95 uMhosh m2 MAAS 38260� mg/l Phenols 32730 ug/1 Sulfate 945 mgA Sulfide 745 mg/f Lab Number: Hula Received: /�r� VP Time: Rac'd by- From: Bujronrla Hand Dal DATA ENTRY BY: CK: DATE REPORTED: NH3 as N 610 mgA TKN as N 625 mgA NO2 plus M03 as N 630 m9A P: Total as P 665 mg/1 PO4 as P 70507 mg^ P. Dissolved as P mgA Cd-Cadmium 1027 ug/1 C1-ChtomlurrcT0ta11034 MA CwCapper 1042 og/1 Kmickel 1067 ag/1 Pb-Lead io51 ugA Zn-Zlnc 1092 ugA A ilver 1077 ugA AI -Aluminum 1105 ug/1 Be-Beryillum 1012 u9/1 Ca -Calcium 916 nMA Co -Cobalt t037 ugA Fedron 1045 ug/i Li-Llthlum 1132 ugA Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug/I Na-Sodlum 929 mg/I Arsenic -Total 1002 u9/1 Se -Selenium 1147 ug/1 Hg-Mercury 71900 ug/I Organochlorine Pesticides Own,ophospbona Pesticldea Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organic% Purgeable Organics (VOA bottle reg*d) Phytoplankton Sampling Point Conductance at 25 C Water Temperature 10 D.O. mSA pli Alkalinity Acidity Air Temperature 00 PH 83 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 1• 400 1 82244 431 82243 162242 20 Salinity x Preclpition On/day) Cloud Cover N Wtnd Dlrecilon (peg) Stream Flow Severity Turbidity Severity Wind Velocity M/ll can Stream Depth it. Strmni Width fL 480 145 32 136 11351 1350 35 64 14 a DMI/Revlsed 10/36 r Report to: �l?a Sample; Anoinaly Report (SAR) Lab Number: ;� W 417 4 5' . Sample ID:' Station Location: T�halArr Jww.-s--co. County. Sa-A.,_Region: (z-U Sample Type: , iV Q Priority: C o C. r Collector: 190-& qe-a,-H, C Date collected: 07, 1o412,q_ Date received: a"L I oaf 1 2 s- Date analyzed: o z I o 4 / Z s Affected Parameter(s): Analytical Area (check one): O WCH Cl METALS O NUT A MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ • Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsheet ❑ Mislabcled as to tests, preservatives, etc. ❑ Holding time expired 0 Prior to receipt in lab ❑ After receipt in lab ❑ • Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity 0 Sample not chemically preserved properly 0 pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction . ❑ Sample bottle broken in lab - no reportable results ❑ VOA ❑ PEST ❑ SVOA Quality Control See. beiaw �C A Instrument failure - witpertable rc3fta ❑ Analyst error - no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added ❑ Recovery outside acceptance limits ❑ Failed to meet criteria for precision ❑ Internal standards a Blank contamination g QC data reported outside of controls (i.e. QCS, LCS). ❑ Incorrect procedure used © SOP intentionally modified with QA and Branch Head approval O Invalid instrument calibration 0 Elevated detection limits due to: . ❑ Insufficient sample volume. ❑ Other (specify): Comments: >151alvc G 04 in actiVL (air- — 0. oL � +- � 83, = ' 0.01 h/'-) J .ary YJ. a �. G ...t-,. 0 -. t ..i ,m .:. ,n'� ,n n i .... t4— ... 4- 'J_O o G o u � �,r.,.,. ,�,,.... - n r. ri n 1. $ 47- . _ ThE:.,, +e,... ���,,..e os G 110.'� _ 4�cfi•.i u.r. t� � � �� x>+ ��e _ ,.. . _ Corrective Action- ❑ Samples were rejected by DWQ Lab. Authorized by: Date: _I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Sample(s) on hold until: Sample reported with qualification, Data qualification code used: - 6-9 ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: Date: I J Form completed by: 4&! (' _ j- � _ Date: O- L= I f t7 Lead Chemist Review initial): cC� BIOCHEM ❑ PEST ❑ SVOA METALS ❑ VOA Branch Head Review (initial): QNQC Review (initial : Logged into database by (initial): QA%Fa UUAbwuary%AR .$W211)ldbs FAYETTEVILLE DIVISION 917 Castle Rayne Street Fayetteville, NC 28303 Phone (910) 864-1920 Fax (910) 864-8774 CHAIN OF CUSTODY RECORD PAGE — OF x.uM NAME &ADORE= Nc U �E AJ 1LOCAAT'� po ' 7-rom r r w� 0Of a o T T E s TYPE OF ANALYSIS PRESERVATION CODE C ++ l.� CODE: A = <4'C ONLY B = HNO3 (phi + <4°C C = H2SO4 (ph<4 + <4'C D = NaOk+ <4-C F = C001TACT aERSOx: I f 30 e DATE I METHOD OF SH"EKt. LAB (D 0 SAMPLE TYPE DATE TIME COUP GRAB p1 o-Q 7F]M?'C RE& GHLORWE ce 1� D-C, (DOW Tt=o W..(s4r-hua) 4 mb q 3 4 by ( ! W. (Sirmt=1 DIM S $ W. ( *! Dam W. (sgrwaw.) Wt� 7 : - --- r— -- Conunent5 or Spada! Hazuds: ® Microbac Laboratories, Inc. ' FAYETTEVILLE DIVISION NC #11 i 817 CASTLE HAYN6 STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) http://www.microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR - WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 26301 CONTACT PERSON: Mr. B. Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #02WE42549 2. Upstream - ID #02WU42550 3. Downstream - ID #02WD42551 DATE REC'D: 04/24/02 SAMPLED: 04/24/02 SAMPLED BY: B. Heath DELIVERED BY: J. Hasty SAMPLE CODE: WW, Grab REFERENCE: Tom/Anthony Tyndall Farm DATA REVIEWED BY: DATE REPORTED: 04/29/02 *++*#++******+**+******+***++*i+************++*++*#*####*++##*+++*#++**********+*+*++4+#++ ANALYSIS METHOD 1 2 3 ++#*+##**+*******+*++*++*++**+**++#***********++++****+++**+*+*+*++**+*+****++***++*+*++*+ COLIFORM, FECAL (per 100 ml) SM18 9222D 7273 560 540 COMMENTS: * = Questionable Data < = Less than 3 = Greater than MAY 13 2002 i PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the MEMBER sample(s) analyzed and is 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 Chemical and Microbiological Analyses and Research m:� �mkw Page A2 08 NEAT tf 'DIE SAMPSON INDEPENDENT _ag. waste.- sp i its � nt-o swam near By LE BROWN, JA. _ In a -telephone interview this .-was notified of the spill April 24. Staft wnmer - murnisig; Jason A'alls, Prestage pulp- _ House Hilt 1160, ted by the N.C. `�Y�t w i wr fiY t `h •inig rfarni 11if .lie::relat+e:1s dirextc -said tic spill- . GeaeralA.tveinbly in 1999, tpquires that spilled 'into an unnamed' tritiiit<'irjr. _resulted'frain an over application of municipalities, animal operations, that flows ititr► Jones swamp, which wusteas ater being purnped from a industries and others who'operate waste - is [,hart of the Cape Fear ]river Basin. lagoon onto the field. He said (hat, "kvndling systems issue news releases In a news release received Friday, once the overflow was detected, a when a wage spill of IPW gallons or Anthony Tynd:di reported that, ou ditch carrying the wastewater was mrne reaches sluface waters, April 2.3, an estimated 10,000 gal- blocked and excess wastewater The Tyndall farm is located on lons of wastewater spilled from a pumped !hack into the lagoon. Carroll Store Road, wfiich is in the spray field on the Anthony and The news release, wWcli Wails Halls Crossroads community and _._: Tonun), Tyndall Hog Farm. The hog said was prepared jointly by Prestage connects Maxwell Road and Minnie- ~'f'ai �'ijper'ates uriiler ront,act ` volt' " I~arrris a:.,4 ttie Ty:3clalls;- states. that =Hall Road._ Premage Fauns. the state &vision of Wales Quality The hog farm spill report comes • i t 1- . Tuesday, April 30, 2002 r CarrollsStore Road less !hall a Irronlh after two area municipal overflows were reported. Warsaw repotted that, on April 1, rnarnholes located at its Wastewater Tmatinent plant overflowed, with untreated waste flowing into St-ewart's Creek, also part of the Cape Fear River Basin. That spill was blamed on heavy rains; too much for the waste system to han- dle, • Dann also reported it had a waste- vvater spill April 1. Brat spill wr>,s also blamed on heavy rains and occurmd at the same location as one that happened in Dunn last August, the EasWde Pump Sis'rtio% which is located one mile south of Dunn, just off N.C. 55. The wastewater flowed into Mingo Creek after two man- holes overflowed. The hag farm spill brings to 23 the irnmber of waste discharges — 'induding both animal and human --- reported since June 1, 2000 in Sampson County or in adjacent tXML L8 B"wu, A. era be noshed ed 91&S91-81.17, UL 2; - bJ rune! nr—" 0 N U 0 .Isz m m_ 0 w N cc Cn CA �o a� H F''o ca k Id /„ p o,f �O�* D /do Aca r�izl _ A�OA*7 J,for) /Ted c ,g,v.o Fowl (RR "2 Traci M Faun Omw :�. 11 n,Ws Phone 0 PS immm!�isa, Mt / f I<.agoon Irrigation-Fielc card rj One Form for Each Field peruirop C Cie I � FedRy Nue+ber . - lrrigatipn OReraMr Irr� akm Operators Opemoft Phorse N _ From Was_ to lP!IR - " IN IN Nov-0 � W" Aroma PMr PAM Appkd W AM �s ! of SpdiAraea Opumftq Flo-. Pas 'km'var."s pu ilpr . a�+000 gadl � � ,,� �) 1d? • &M rem W � • � taco . �-� - _ �� :-- oa Ago s r Z CYop Cycle Totals � Signature Q}�eratore �pnaMe • OpwauWs C*O=So1 W a Ar Aysis or E qLp e or NRCS Esfmate Technkal GLdde SecIbn 633. evenL "� ,s f:• r i ,7• F• .err '�,'j',.�,M. N .-'�xy;�. -� �a /!"' 'f'�: .. • _ ANNUAL LAND APPLICATION FIELD SUMMARY FORM PLEASE MAKE A COPY OF THIS BLANK FORM TO BE COMPLETED AND SUBMITTED FOR EACH APPLICATION FIELD. PLACE A'NIA' IN A BLANK OR BOX WHEN NOT APPLICABLE. FACILITY NAME PERMIT # OWNER SITE # CATION EXCHANGE CAPACITY (non 503 regulated facilities only) OPERATOR' FIELD # ACRES PERMITTED ACRES UTILIZED TOTAL DRY TONS APPLIED (ANNUAL) DATE or MONTH Gallons /or Cubic Yards (specify) Dry Tons per Acre Residual Source % Solids (Do ro use Avda)3 Mineral zation Rate Appimation methw_these see Code:. porn„ 9 ey r<i91 keep da�Ey: records on 5rie Crop Total per Acre � past Site Conditions (Dry, Moist, Wet) Permit Limit (lbs./acretyear) - I st Crop / 2nd Permitted Cumulative Pollutant Loading Rate Lime Application DATE MSJAC. * Code S - Surface I - Incorporation IN - Injection X (SIGNATURE OF LAND APPLIER) DATE "I certify, under penalty of law, that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." DEM FORM FSF(1I2002) ����B���IIIIIII ��Y�999@IIIIIII 8���@@��1111111 fik r 1^ . t 11'ikw "''r'4'' + ANNUAL RESIDUAL SAMPLING SUMMARY FORM Attach this form to the corresponding laboratory analysis. Please note that your permit may contain additional parameters to be analyzed than those required to be summarized on this form. Permit Number Facility Name NPDES # or WQ # WWTP Name Residual Analysis Data Date Sampled or Date Composited Percent Solids PARAMETERS (mgfkg dry weight) Laboratory 1) 2) 13) X (SIGNATURE OF PREPARER) DATE "1 certify, under penalty of law, that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." DEM FORM SSF (1/2002) r FORM ttiIR2 .. Eacres)C W ' t=atm rOwmes Phone R Lagoon Irrigation Fie)c Oord One Farm for Each Field per. Crop Cie v - . trrigation Opmawft -,- Operat&s Pt one M From Waste tMiupatiftr taw • • ALL"i _ �z ' = wlm%� r , .. �■r��■r� ... W -, . 11111:� ME� ✓. N���� 4Ai - / / i� Inv M mm m� RO WX mm- Dwrtar's sgnahm opmWor p im Operators Signature opermn CAW"tioo Nto. .yam-x.-E ;.. fw..17cW'.;- 17 V` ►rite Avtaytysis or Equhmhwd or MRCS Estsmats. Technical Guide Secftn SM. _ w eEmm flee received by stftaGing gWumn,(10) from 05). Continue subtra� cobirm,.(7o) fromcotumn (11) Wowing each rrigatron everu- .. r ,y, - 5+ GAF ANNUAL DISTRIBUTION AND MARKETING! SURFACE DISPOSAL CERTIFICATION AND SUMMARY FORM FACILITY NAME PERMIT # COUNTY OPERATOR FACILITY TYPE (please check one)E] Surface Disposal (complete Part A (Source(s) and "Residual IN" Volume only) and Part C) PRONE ❑ Distribution and Marketing (complete Parts A, B. and C) WAS THE FACILITY IN OPERATION DURING THE PAST CALENDAR YEAR? YES NO. If NO, skip Parts A, B, and C and certify form below. Part A' Sources(s) Volume (dry tons) Recipient Infortnation Month (include NPOEs n it applicable) AdrrrendffwmV Name(s) Volume Intended use(s) Bulking Agerd IN Residual IN Product OUT dry tons January February Mamh April may June July August September October November December Totals: Annual (dry tons) Admendment(s) used: Bulking Agent(s) used: If more space is required than given, please use the comment spare provided below or attach additional sheet(s). Cheg ox if additional sheet(s) are attadied. Comments: Part C Facility was compliant during calendar year 200_ with all conditions of the permit (including but not limited to items 1-3 below) issued by the Division of Water Quality YES NO. If NO, please provide a written desription why the facility was not compliant 1. All monitoring was performed in accordance with the permit and reported during the year as required and three (3) copies of certified laboratory results are attached. 2. All operations and maintenance requirements were compiled with or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 3. No contravention of Ground Water Quality Standards occurred at a monitoring well. "1 CERTIFY, UNDER PENALTY OF LAW, THAT THE ABOVE INFORMATION IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION. INCLUDING THE POSSIBILITY OF FINES AND IMPRISONMENT FOR KNOWING VIOLATIONS." SIGNATURE Of PERMITTEE DATE SIGNATURE OF PREPARER' DATE (if different from Petznittee) "Preparer is defined in 40 CFR Part 503.9(r) OEM FORM DMSD (1120021 fORu lagoon Irrigation Fiek ord - One Form for Each Field pdriljop Cycle' Ted tt .. fie TSize tatr} s (Aj. 6: O - Farm Own& a77 r ' Y �,' E3+rner"s Address - 0►wmes Phvft a Fe i�gimber Q - - hrigalban QperaOor trr4alkm pperaWs AdAtM . Fr*m Waste UWbm n Plan- _ rCOO I" 10 F / d Sys 1ptitur Watt Aw1Me PAN • .. p AWW 1 Scut Pint TAW Tb Ind Tort Msfwa OP! Plate Tawvas prr Aeye- Ipi�dCO �4� Qpkn4 ft*VmQ W C4 4R ■ 4M . (r) ire �! �L/�: Z'J mom, e saej.=-� Crop Cycle Totals r PM4 OpemWs S4mdure Operators Cw""tion No. 1�t=A Wasle Ana ' is at or NRC5 Estimate, Turfs, Section M. ' EntQr The recefv xAwa hg =�„ (to) from (B} Ca rimm wDtra u' m coham (to) trom oo&nmi.{t 1} *mowfn "ch Wigation e► m ,�d - "gg ANNUAL LAND APPLICATION CERTIFICATION FORM Permit Number County Year Facility Name (as shown on permit) Land Application Operator Phone # Land application of residuals as allowed by the above permit occurred during the past calendar —year YES NO. If NO, SKIP PART 1, AND PART II AND PROCEED TO THE CERTIFICATION, ALSO, IF RESIDUALS WERE GENERATED BUT NOT LAND APPLIED, PLEASE ATTACH AN EXPLANATION ON HOW THE RESIDUALS WERE HANDLED. Par" • Total number of application fields in permit. • Total number of fields land application occurred during the year, • Total amount of dry tons applied during the year for all application sites. • Total number of acres land application occurred during the year. Part Facility was compliant during calendar year 200_ with all conditions of the land application permit (including but not limited to items 1-12 below) issued by the Division of Water Quality YES . NO. IF NO, PLEASE PROVIDE A WRITTEN DESCRIPTION WHY THE FACILITY WAS NOT COMPLIANT, THE DATES, AND EXPLAIN CORRECTIVE ACTION TAKEN. 1. Only residuals approved for this permit were applied to the permitted sites. 2. Soil pH was adjusted as specified in the permit and lime was applied (if needed) to achieve a soil pH of at least 6.0 or the limit specified in the permit. 3. Annual soils analysis were performed on each site receiving residuals during the past calendar year and three (3) copies of laboratory results are attached. 4. Annual TCLP analysis was performed and three (3) copies of certified laboratory results are attached. 5. All other monitoring was performed in accordance with the permit and reported during the year as required and three (3) copies of certified laboratory results are attached. 6. The facility did not exceed any of the Pollutant Concentration Limits in Table 1 of 40 CFR Part 503.13 or the Pollutant Loading Rates in Table 2 of 40 CFR part 503.13. (applicable to 40 CFR Pan 503 regulated facilities) 7. All general requirements in 40 CFR Pats 503.12 and management practices in 40 CFR Part 503.14 were complied with. (applicable to 40 CFR Part 503 regulated facilities) 8. All operations and maintenance requirements in the permit were complied with or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 9. No contravention of Ground Water Quality Standards occurred at a monitoring well or explanations of violations are attached to include appropriate actions and remediations. 10, Vegetative cover as specified in the permit was maintained on this site and the crops grown were removed in accordance with the crop management plan. 11.No runoff of residuals from the application sites onto adjacent property or nearby surface waters has occurred. 12.All buffer requirements as specified on the permit were maintained during each application of residuals. - 9 CERTIFY, UNDER PENALTY OF LAW, THAT THE ABOVE INFORMATION IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINES AND IMPRISONMENT FOR KNOWING VIOLATIONS." 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J� � ,t, r.. w `• r' x�t I`;.r i � r l `, � I 41 tt M if S� .���4� F �� l�^ � r'9 �,� i 1. � '� �� 1 •�,\I J F '�� 1 U• 7 irk±,.- f'••, t fy_ " .7• ,, 1: t' N•s. �fy"1 r�� % t '�r� y�• �� r k �A':4, ,+r_y�„�y'_� i a� 1E � . •;� �, � ��, _ �l �R Sti� k �}•, .;..��r1,7 't i +ii .r-r r• s , ��" a�„';�. y9 �/ �!•-, rtYY ;�rer �.`c4 1T�{`i'' mil• k./� / 16, ,�^ li �.1 •ly '/r1',rS- S� 'L'R1� ,[t��f •, •`•. Ir 1 r S,rr •' .. al• ,iM i = �� `Y1 r. /f '! 'W. i i •. , ♦ �r• � r 1� � , ', FIM,. Fri • � ��� � . ' i ' � t / .J,' , � a�lr�l. U�^ .1r"PW1`��,1. ✓ � �,..,� � ► , R f 'r��.' t •r . /%`!!% . ��I1w� �. ii9 Si•: r.• � •� .ICE+� I�•a6es - - TVNDALL FARM TEMPORARY DAM AT END OF FIELD DITCH (DAM LOCATED 30 FEET ABOVE ENTRANCE TO FARM DITCH jyiy ��.' ti r� y. ♦ r {,•d; is � '��•.'�7i Kt''� ,rp"w � ^°��R-�.��'►� �f• ' Imo. +< 1 llti(- ,/F I' 't �! '.!i.•�Y p'i �-r`•i. , } :t r }r E :, y oc���YY4�i�r°,� •f/'' rc• . ,,,�a3r .•' r+,1�y!+('�,� � -• `.�yti `- � W. LIU 31 • 9^i'r �4�'�' m��Yt , •m� .n . S•�.�j;'��� �r��� I�„F-1'., r ,{ � . E rY ti f{l;r��' � t�•;� i,��i9 w � 4��y��� �'j � i� �S � �r� '•r +. l�ji'`Fc'ar,�q"'SY i ds��'' f s •Y r. � �� 1 ley r,�yy; •,T."'m� y �.• f '.'T7w"�.1•}� 'I.,� ,. I Ilr,{i add, ii 4Z�i7fi Ir Or 7- c,,,,LLLL!! '+rt ✓G S� - � .il l" .a ! 'i •1 jif WW=H�' l k' Lia� �'r+`•�^•'{61" .i,�r. 1v'SJ1 'dix�}T�4 }f,r a 117 k ✓'''�.41f', .�j �b 1' ' � "•-1 .f fit 1 .�, ��� ice• rt . �7�• i 4 I Type of Visit 0 Compliance Inspection 0 Operation Review 0 Lagoon Evaluation . Reason for Visit ® Routine 0 Complaint 0 Foliow up 0 Emergency Notification 0 Other ❑ Denied Access Facilit)- Number Date Ort'tsit: O�ED Tinie: f ro dot Overational BelowThreshid ® Permitted ® Certified Q Conditionally Certified [] Registered pate Last Operated or Above Threshold: Farm Nante: ,¢�� , �i.. _ . County: ,,.. __. 5�— _,—) - Owner Nante: �O.. y �� p� i7G+.w. .S� Phone No: �raLf _ Nlai}inr Address: 1- 1_ _ �.re�� . �.+. .fG�.141 We, 4, e2l Facility Contact: _ ��'^ /T�..r_.t�i►Title: Phone No: Onsite Representative: _1������� Integrator,fr;,s'•ow� Certified Operator: Operator Certification Number: Location or Farm: • ❑ Swine ❑ Poultry ❑ Cattle ❑ horse Latitude C� 0 1 �� K Longitude ' 1. Current :, llesign Current ,« Design ,r Currenf ,` .Swine `ael Pu utation Foul Ca aci " ,•Po ulation ;;, .Cattle,' Cu aci Pti" `ulsitton { .11 ❑ La er ❑ Dai ;f. Non Laver Non -Dairy Other Total Desigin'Capaclt' r tiBoarsf Total9SLW a. Y Nunthero[ [.agoonal{'• h;�`� �';` ' ❑ Subsurface Drains Present ❑ l.a nnn Area Spray Field Area Holding Pgnds rsolw Trap9 ; ❑ }die Lit aid Waste Management System Wean to Feeder y/�C! /Zd Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish GlIE9 Ql.lghllCf'es & ' r t Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ NO Discharge originated at: ❑ Lagoon ❑ St3rav Field ❑ Other a. Il'dischttrge is observed, was the conveyance man-made? ❑Yes ❑ No b. 1Fdischarge is observed, did it reach 1Va(er of the State? (ffyes, notify D1L`Q) ❑Yes ❑ No c. if discharge is observed. what is the estimated flow in gal min'' d. Dues discharge: by a lagoon system? (lf yes, notify DWQj ❑ Y"es ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts nr potential adverse impacts to the «`<tters of the State other than From a discharge? ❑ Yes ❑ No Waste Collectioil 8: Facility Number_ Z — 773 Date of Inspection ri ' ' t ntt,d on: 10/�6/2006 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes P No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan'? ❑ Yes ® No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenancelimprovement? ❑ Yes ff No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes P&No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes PtNo Waste Aonlication 10, Are there any buffers that need maintenance/improvement? ❑ Yes e)Po 11. Is there evidence of over application? Q Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes FNo 12. Crop type .9s e e0 , _o I-le.d 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes CrNo 14. a) Does the facility lack adequate acreage for land application? ❑ Yes j} No h) Does the facility need a wettable acre determination? ❑ Yes [& No c) This facility is pended for a wettable acre determination' ❑ Yes ig No 15, Does the receiving crop need improvement'? Yes ❑ No 16..Is there a lack of adequate waste application equipment' ❑ Yes No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ic/ irrigatio Freeboard aste analysis & oil sample reps ) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes XNo 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes No 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes No 24. Does facility require a follow-up visit by same agency? Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes {] No fo Yipl �iQti�s:ot d¢fcie't�cies re hotel• dl:rri6g tbis:vlsjt; • Y;oii Nwjil.teeeiye lid corxosiaondernce: abaruti this visit: ::.:......:::.:::.::......::...... . Comments (refer ko questiion-#) Ezplatn any, YES answers andlor any recoIn attons or any,other comments Q {l;' S, , ,;„}; ' -.lei ixp.. i_�,,, -�. `i ,.. ..1. c a j�[ l y s Use drawings of facility//to betteer 6xplatn situations: (use additional pages`as necessary) _;' `r� ' .4i _ ' y, .'G /pplG. �.�.��Gi'� d' Aq pd 'e.r/ y 1� l�fG� � lr�,�jeurl� d�r� it: �.►/ /� .�,E• � a„/��eU �¢,�,f+lIs�i¢� Reviewer/inspector Name Reviewer/lnspeetor Signature: ����<- .,,, Date: 9160 5/00 Facility Number: + 9Z — /,7 Date of Inspection B Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below X,Yes [] No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? Q Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes PNo roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes allo 30, Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes P9 No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes KNo 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 0 Yes [$No Ot78 ammetl an ora ra p N ' y 3 F F sir; ru r r 1r u. p i� ._.,. �::.k.�Y, �. -! H•lV'K.'i s'.s ...& ..0 �. ]".�" Y .c..- r} .z.r ^ 7. r S z1'• ..r3. .'s..nlei - ...nsrr, d'.6': �''':F'1� 1 AI 5100 J of Visit • Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 2 ? µ Date of Visit: Time: .� . �- ... _b. • <, w, ..�, .»d,, .„A. O Not Operational 0 Below Threshold O Permitted O CertiRed [3 Conditionally Certified 13Registered Date Last Operated or Above Threshold: .._ _... FarmName: .,�tl/................................................_...... County:..._. eP:a�...r :.............. ............. OwnerName- /a.; ;,��,_�6rd!!' ._._...-,., Phone No: ,---•-----•-•-•-----......._._.-.---------.. Mailing Address:.... �1'�9�... . rs:re5Rle',fr,%�-4C.... �?Q, 4- ..............A'�....O.A!l/��.--/.V ... C..................... ..-ep'Tze....... Facility Contact: ....e✓'"��? ....T.e-�?!!rl/ ..... Title:... ............................................ Phone No:..................................... . Onsite Representative: Integrator; .-----------•_--- Integrator:.-��.d{r�r Certified Operator: .......... /.......... ............................. Operator Certification Number:......................................... Location of Farm: ❑ Swine [I Poultry ❑Cattle [I Horse Latitude (_ • ���� Longitude ! .-� •, F­ . sin Curtti iaclt... Po ells I$ Wean to Feeder ? (] Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts �] Boars NuiAtber of:Lagoons �` ❑ Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area Hoiditig Ponds / Solid.Traps ❑ No Li uid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon 14 Spray Field Q Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 'Yes ❑ No ❑ Yes ,R No Ayes ONO �.i ❑ Yes.. No R Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes JR No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway 0 Yes IgNo Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: .... • M-y........ .................... Freeboard(inches): ............................ ...,..........................,..................................................,................................,...... ................................................... ....... ........... Facility Number: eZ —i73 . Date of Inspection I� 5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, seepage, etc,) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (if any of questions 4-6 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 7. Do any of the stnictures need maintenance/improvement? ❑ Yes R No ❑ Yes � No ❑ Yes 51No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ;'No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes RNo Waste AnUllicatioll 10, Are there any buffers that need maintenance/improvement? ❑ Yes X No 11. Is there evidence of over application'? ® Excessive Ponding ❑ PAN ;K Hydraulic Overload IVYes ❑ No I2. Crop type 24&r� 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'? ❑ Yes emNo 14. a) D(vs the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? � Yes ❑ No 16. Is there a lack of adequate waste application equipment? JR Yes ❑ No ReaHirSd Recor(Aj & Docu nts 17, Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ic/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19, Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? Yes ❑ No (ic/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance or'the Certified AWMP? ❑ Yes ❑ No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this Visit. i �'-4 a"'vti 34•.r7;� :� n;:T?}1'u�r �;. *�' '.' �° !'��c�; ttiw:. � Rc •M Y h"awi�'S'L �r'"aF. IN ugvnertl $ntl/t,any recokWie0da4'r"U�Y�4;uF..,�i.,,. t)ditional et axStts:ry : Field Co ❑ pYFinal NoJ4! C,Vfl',y . ft� Ile��'..rtE/fir— �Gii.o►�.c�.e.�v�r�'.�a�� Reviewer/fuspector Name i i f a n#�' � �,a" iufi y " +i R_W1 I 111" Reviewer/[ n spector Signature: Date: G 05103101 Continued I Facility Plumber: YZ _,17 i Date ut lnypection 11;%Z/-109 I'rintetl on: 51 iU/2Q01 1 Odor Issues 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ yes No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ \o 28. Is there any evidence of wind drift during land application'? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29, Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover`? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional Comments, an or ra:w ngs :,. /7 /�+ �f►.e...,�C� `�� • /� /�j /�G�.C.� LJ.+� �}">.Gci.� All � 7�4,, ,�� .������¢a..,y[ � /,J�•IE�,�+r� .a ��rri�� car'ixc.�►r�.� r9� ,M , fsAcl7.ci ��/ >� �� �� �d %!/ v.Cf�.v�irJ d`�/^'�,� �I�.,t✓� .�J� (� i//„�1-��.G G� ���y�S�/ l�iE• ,C�J4fi���!}�,ilf�C! / r,yCs� ��/ ��2Iy%dL n 05103101 4 002 k I�jj pufriving on ha,k rite spots,-a,bam Wates" .";Ould po Glen Cliflon decnidc to cut a'.Jitch from tine lo%v spats to anodwv die.1n. 'Irhat vias vs. -here Vw vv2stelxzller %vas, delermi bfmked id up and -oumned %N'i.hat was in the ditch back into MC I,a,goon,. So we have decided to put under ground pipe into som-- better-sufted fields and plant coastal on them =-d tbr the present time. We are in the processes of having someone to come put in the under ground pipe. I realj7e this entire undertyrownd -pine will cost me a lot, but in the lonty run Bob Ileath and mvself thinks that this will be the best sotutiom The field that we had the problem ir, we are discounting pumping until m —%, landplane and reseed this field. Tbis'should be completed by thv in of the fail. but we hav-%V, PI-entv of ava-flabie Jand thai is better suited to pump on. Sincerely Anthony 'Vyn-daii 0 Fax C,over Sheet Date: _ C% Z. To Company: Fax:,".'� From".vt Company, 1 r Number of pages including this one: Comments: lCinkoirr 32,6m 0(YhSkee Gmaw4.NAV&% Tel:1252) 752-M75 Fore 1252183o-4709 April 29, 2402 MAY 3 200� Dear Mr. Heath: } - This is in response to the incident of April 23, 2002. I pulled the reel out on April 22, 2002 and forgot to lock in the reel so it would come in for 5 to f> hours. On April 23, 2002, Glenn Clifton with Prestage Farms, Inc. came to the farm to look at the fields and rewrite my WUP and I was late for my appointment. Glenn walked around the spray field and found that wastewater was, leaving the spray field by way of a temporary ditch constructed to remove surface water. Glenn contacted my Dad and they took a front-end loader and filled the ditch to stop wastewater from leaving the site. This was done at approximately 9:30 AM. Bob Heath was contacted on April 24 at 9:00 AM, and he came to the farm that afternoon to investigate the problem. I have estimated that approximately 10,000 gallon left my site before the ditch was stopped up. On April 25 wastewater that had accumulated in the spray field was pumped back into the lagoon, and was also pumped from the spray field on the 2e. Sincerely, and"TU $0.00 /[ 4127A6 2014 ;�� �a'�!o��� sno u�blend h M allot sl Iw A►9;!sa �GCuil� �p��10 !' �Tt i9(1 W. l�.a-t —Pepe V0L13'58Pn%J;790 Rftordins Time, Sock sad Pap TaxLot No. �...» .... .� ._.M._._�� ,»�.•. Parefi Identifier No.................................................................� Verified by. County on the,._„,......,..._..,dsy ot.._.......................................•..........�.....:� ,,l! bir..... ..._.........._.... ................. ........................... ........... .... ..... ...., ��:•.•.. Mail after reeording to �R. Darsisl„Rit o�. !��.. 0...... 6¢.r....D!?Iu!.....N .... 8335.........................�.......................__ This Instrument was prepared by A.;-Raniel-ftiaso► Attvrrieal at Law ....................y Brief description for the Index NORTH CAROLINA NON.WA AP DEED THIS DEED made this...l.6th....... day of ..................„..................,........ May.. , I�iO,••,,.,• by and betws4n GRANTOR Cathy P. Tyndall 1594 Carroll Store Road Autryville, NC 28318 GRANTR& Anthony T. Tyndall 1594 Carroll Store Road Autryville, NC 28318 WIN is awsprism Meek ter seek pertrt wawa. adtnss, sad, tt &PPO rtals, aharaater st eatitY, a& eoeparatlsis M prtaaaHtA The designation Grantor and Grantee as used herein oball Include said parties, their heirs, successors, and assigns. and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, far a valuable consideration paid by the Grantee, the receipt of which Is bersby acimewledged, has and by these presents does grant, bargain, sell and convey unto the Grantee to fee simple, all that eertain lot or parcel of land situated in the City of ........... ................... .RtA.,..•.,,........................... ....... ,._,..,...,,,.DfemaI_Township. .................. St%IPP-0.Stil.......... w............ County, North Carolina and more particularly described its follows. See Schedule "A" attached hereto and made a part hereof. N.C. far Association iror. No. To-7, • 1171 • N. C. DU US"iation MI ti�tet*, !ae ■, e. a.r a....laa.r w' nN C. a.e..w. d P.LL er", W, w� eel r � r .�� .. ••+i. �4, V{•.,r ,� .. •u.Ni�.,711'��'4'dfV7 N�.a.. ,M-. . " �a�1358P���791 �. "Acr it Beginning at an iron sloe sat in the canter line of a ditch, said irpn st-�te being located North 14 degrees 96 minutes 54 seconds %si 3395.91 feet, North 65 deg.. 01 min. 42 ancands'East' 1411:43 feet; North 79 degrees 00 minutes 25 sacarx s East 355.11 feet. North 31 degrees 28 minutes 52 seconds West 1390.41 feet, and Korth 69 degrees 21 minutes 59 seconds West 507.34 feet from an existing iron stake In the center line intersection of Secondary Road No. 1430 (Carroll Store Road) and •-Secaidary Soad No. 14321 running thence with said ditch and with the J. Sherman' Autry line North 03 degrees,23 minutes 25 seconds W-st 509.25 feet to an Iran state set: at the Mibrwctioa of two ditctaesi their-e with the ditch curl with the L. F. McPhail lim (tee Dees] Book 477 a Page 4371 South 89 deg"s 21 minutes 59 r.econds East 990.00 feet to an Iroh abnm net In said dIbrhi theme leaving said ditch -South 00 degrees 38 minutes 01 seconds West 501.00 feet to an iron stake set (b►rtie4)1 thence North 09 degrees 21 minutes 59 seconds West 994.34 feet: bo the point of . beginrdng, containing 11.32 acres, more or lailas; and surveyed during'August, 1993 by Owen Surveying, Inc., with all lines correct" in,iheir angular relation and relative to the Magnetic Meridian Warred to In Dead Sock 844r Page 157, This tract or parcel of lard is a portion of the property conveyed by deed dated June 22,. 1978 from Stewart B. Warren, acting as Ccmniesionar to Ahkon T. 'lyridall, acid wife, Bra MIA 8. Tyndall racarded in Deed Book 933 Page 280 of the Sampson County • Registry. Together' with all rights and privileges to 4 30 feet viae non-exclusive perpetual right of tray earP-smnt, for the purposes of ingrgss, egress, and regress from Secaaidary lbnd No. 1430 (Carroll Store Road) to the above described 11.32 acre tract, the center line of said 30 feet wide emm ent being described as followaan Beginning at an iron stake set: in the canter line of Secondary Road No. 1430 (Carroll. Store Ro.nd), said iron stake being located North 4 degrees 06 minutes 34 seconds Hear 3305.91 feet from an existing iron stake in the center Una itrtersecttan of Secondary Road No. 1430 (Carroll Store Road) and Secondary Road No. 14321 rutting themes North 65 degrees 01 minutes 42 secvnds East: 1411.43 feet to an Iran stale set, North 79 degrees 00 minutaas 25 seconds East 355.11 feet: to an iron stakkO set, and North 31 degrams 28 minutee 53 seconds West 1390.41 feet to a Nt&%@ Is the Muth= Line at the ftv a de=Lbed 11.33 acre trwt, A Mora cutplete descrip isms of the above property is dvm an at map ent:itledn &XwY for Arrt =W Thames Tindall end wife, Cathy Phelps fir s prepared by QM . ' Yi gr1 . r dated August 6, 1993 v a OW of SaW mp n �taWag ched h=tc ti WA bF tlf� mWW a pft 1- i i r w property herelnabove described was aetaaired by Grantor.by Instrument recorded In Book 1165, Page.. 991 A map showing the above described property la recorded in TO HAVE AND TO KOLA) the aforesaid lot or pareel of land and all privileges and appurtenances therslo beloniiing to the Grantee In too simple. '!tile Grantor makell no warrant'. expnwt at {implied, am to title to the property hereletabove denvibed. lit WiTio[es wMtatg,or, Ih► lirarlor has AsrrrNir let his hand Mild tr+l, ar it go rate. op carwI Lulu 1aaUarsl 1• be .iaMe Im tl■ aaoeaeat& Saone ty Ib only w scged atfwn and ill Pal to be hertaW afrlred by evrorny • we car of motors. W r aril r+.. ar.l abero trruu■. �. ....................I tcrrMralt Haney. .3 Calthy 'ij►lldall Z aryl .. 0 ,10 ...............Igt1►LI .............................._.eretloo■t ATlRNTI i� ..........,.............,....,..............IaRMI ..eeeeoury ICary.rale Beall ........... ................. _f' tt� rlrtp fri ��.CAtOLIMA.......�vmBDz) ..............CorMty. .................... ■ IrNary Pe\Ind .f the Cerlity ago Suee .fWa■Id. e•ytNy oat Cathy R. •r+r+all . ........ rN�TAR�. •.............._... orant•r. P.rre■ally +Pre+red ■even at this der rite ashq.Mdgee tee saerNtleu of of foregoing iaNrrmGK TfMaesg err head and afllelal al•atr a sea. this ,1.64or sf ....... ttay, , DO— �•'•�.��► l; uilt't'rrar, :+ xy e•rnrtuton erptrra:+linN ��r OQ3........... Lilt •SAL • eTAXP 140RTN rARQUNA. _ . ...... ..... _..........county. 1. a Halsey Prblit of the conhly too state slow*"W. certify that ........ ...................... Personally tart term me this ear aso Achnowleoled drat __.. he Is .. ........... ... ><rrratary Of .. a Narth carouse rerporallrn, and that by arthatily daly liter andas ter art W the ratPOFalleu, the feragalnr 1■urauleul was signed is us nacre by its ............. rrraident. salted With Its terperste seal and attested by .... ...... as Its .......................eetrelary. Witness at baud and official SUMP at Goal, tell ..... der of . ...... .. ...............Ib....., 917 rommisalon erplres:......... ..................... .. ............................. .....Heiser rabile The hreyeiq Certl40a00 ■f ........P.�Q,9Y.... , . Iailloi!p^ am ........ :F1000 P.-ar✓J'0YL .: f:. G.w .�. C. !... .... ................................. - a Qt�r... c li .... �.....�........... ..........•............� ?A ppgrrtiaed la ha se•etn. This inatr•rrss *ad this corttarela are dwtr rrgistare4 at am oil* and tome and in the week and Pale Shows as Of ins %46 Want .......... 4c ...t�!t.. �i� . c.� • • ..... RtO1lTaR of 092"f ►OR .. courlTT nr .......•... L6a.e. ..... Deputy -A obtawMMellltoe Of 0e0111 M.C. BAT A840clatioa Fox= No. L-T, 0 1911 M. C. Ems Aaroaiatioo v lhle aeWsrM rem Mo nraG rwM iosatty tyl `I 4ull i 1rG /. C. NR aoaartaGtr4 W N. C lyarefattae a! ■ ]tone. ins. pi �J ' �od - 'Tr...._ — 4i II I 1 ! Excise Tax qq qq �] Fllad for ioj;sWtiw on ILc.Bl d. !y of 19.33 ate+""dcloc •. 14. and rcf,1' I.-m�!l11�ln is offt of the belttsf of Deeds o1 i—n! {:,+'l; to Vx p[�lvl atAo I993 In 0.O1 r',,. hc;,i..'eE of ik# By VA11 ill 1,,a84 7 Recording Time, Book and Page Tax Trot No. ... ........................................................................... ............ Parcel Identifter No. Verlbedby ........................................................................ County on the . ........... day of --. .............. -......... .... . ............ 19 ........... by............................................................................................................................................ ..... ....................... ................... .......................... ffiall attar recording to .... ... Gr+llttl ........... ......:......... .............................. .............,. This instrument was prepared by .A.e...0e4el,. Riztult Attorney, at., LBW,. P.O.. Box„ 966, ... D� TI.,K ..x8335-1 ....... Brief description for the index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED trade this ,.15th day of ............ ...! ......................... , 1D .. 43. , by and between GRANTOR ANTMONX T. and wife, CA'IM P. 7 Route 1 Box 198AA Autryville, NC 28318 GRANTEE AARON T HUW 'IYNDALL and wife, BRE NDA H. TYNDALL Route 1 cox 90 Autryville, NC 28318 a I - Enter to opproprisle block for each party: name, address, and, if appropriate. Character of entity, e.e. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine. feminine or neuter as required by context. ' WITNESSETH. that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sail and convey unto the Grantee in fee simple, all that eertaln lot or parcel of land situated in the City of ...............................:..................., .........}171611g1. Township, 1.............................. County, North Carolina and more particularly described as follows: SEE SM U1E "Arr ATTACiIFD MM AND MADE A PART H WEF. KC &W A@W. Fora, No. i 0 197e, aw1Md 0 1977 — wrd�.aor.,. r +er. r d►,.er, a a rro Nr.d 1*ft= WW"„r M. Cr Ora -t"I - r r R .11 SLY :.'t: TrD ON TNa :A;% . i A(ItM MOMS T.YNDALL AND SUM 0, TYNDALL Beginning at a stake in a branch, Sherman Autry's corner, and running thence South 77 degrees 45 minutes But 1896 feet to a stakel thence North 16 degrees 30 minutes East 543 feet to a stake; theme North 4 degrees 30 minutes oast 709 feet to a stakel thence North 2 degrees 50 minutes 'West 784 feet to a stake! thence South 86 degrees 10 minutes West 1500 feet to a stakel thence South 86 degrees 30 minutes West 695 feet to a stake; thence South 4 degrees 10 minutes East 1256 feet to a staked thence South 19 degrees East 232 feet to the beginning corner, containing 85.5 acres, more or leas, and being the lands described in deed from T. J. Holland to B. C. Holland, dated November 13, 1912, and recorded in Book 222, Page 260, of the Sagxm County Registry. . TWM IS EXCEPTED FROM THE AM/E CZSCRIS&D TRACT THAT CERTAIN 11.32 ACRE TRACT DESCRIBED AS FOLL+OWSe Beginning at an iron shake set in the center line of a ditch, said iron stake being j`. located North 14 degrees 06 minutes 54 seconds West 3385.91 feet, North 65 deg. 01 ! min. 42 seconds Fast 1411.43 feet, North 79 degrees 00 minutes 25 seconds East 355.11 feet, North 31 degrees 28 minutes 52 seconds West 1390.41 feet,-ard North 89 degrees 21 minutes 59 seconds West 507.34 feet from an existing iron stake in the 4 center line intersection of Secondary Road No. 1430 (Carroll Store Road) and } Secondary Road No. 1432; running thence with said ditch and with the J. Sperman Autry line North 03 degrees 23 minutes 25 seconds kbat 508.25 feet to an iron stake set at the intersection of two ditches; thence with the ditch and with the L. F. j McPhail line (see Deed Book 477, Page 437) South 89 degrees 21 minutes 59 seconds East 990.00 feet to an iron stance set in said ditch; thence leaving said ditch South 00 degrees 38 minutes 01 seconds West 507.00 feet to an iron stake set (buried)1 theme North 89 degrees 21 minutes 59 seconds West 954.34 feet to the point of beginning, containing 11.32 acres, more or less, and surveyed during August, 1993 by Owen Surveying, Inc., with all lines correct in their angular relation and relative to the Magnetic Meridian referred to in Deed Book 844, Page 757. ! This tract or parcel of land is a portion of the property conveyed by deed dated June 22, 1978 from Stewart B. Warren, acting as Commissioner to Aaron T. Tyndall and 4 wife, Brenda H. Tyndall recorded in Deed Book 933 Page 280 of the Sampson County Registry. i Together with all rights and privileges to a.30 feet wide non-exclusive perpetual right of way easement for the purposes of ingress, egress, and regress from Secondary Road No. 1430 (Carroll Store Road) to the above described 11.32 acre tract, the center line of said 30 feet wide easement being described as follows: Beginning at an iron stake set in the center line of Secondary Road No. 1430 (Carroll Store Road), said iron stake being located North 14 degrees 06 minutes 54 seconds West 3385.91 feet from an existing iron stake in the center line intersection of Secondary Road No. 1430 (Carroll Store Road) and Secondary Road No. 1432; rimdng thence North 65 degrees 01 minutes 42 seconds East 1411.43 feet to an iron stake set, North 79 degrees! 00 minutes 25 seconds East 355.11 feet to an iron stake set, and North 31 degrees 28 minutes 52 seconds West 1390.41 feet to a stake in the southern line of the above described 11.32-acre tract. A more complete description of the above property is shown one a map entitled3 Survey f for Anthony Thomas Tyndall and wife, Cathy Phelps Tyndall" prepared by Owen Surveying, Inc., dated August 6, 1993, a copy of said map being attached hereto, incorporated herein and by reference made a part hereof. i i R 1 In 1 y i I' ,wc117Q FisE849 The property hereinabove described was acquired by Grantor by instrument recorded in.............................................................. .......................................................................................................................................................................,..............,...........................,........: A map showing the above described property 1# recorded In Plat Book ...,.....; .......................... page ....................... TO RAVI~ AND TO Unl.n the sforessid fat or spool of land and all revile ea cad a nrtenanees thersto beloltWIag to the Grantee In tee simple. p p g pp And the Grantor covenants with the Grantee, that Grantor is selsed of the premises in fee simple, has the right to convey the same In fee simple. that title is 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 excapt toy the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN wllNa#e arHaaR01, to* Granted has 1anaRto at Ala. hand and Deal a eorp.rala, 11 r mate this instraaarel to be slanod L 14 gereerate Ranee by Hs &sly stltboei.ed officego and Its goal to be berguale aftls b amthorIly /pp�f It. a aryl of Pinar t1e ee, act[ ye.e fleet shots wNiNe. ai Ir IV i ............................................................... it ..._.........ORAL) �1 e (Corporate Name) .7 O � Sri........................................................... sr ►'i4i1i 4.................. ................... ts"LI y e larldaRl ^` ...... ATraSTs...._......................................................_.MEAL) ............. ................................................. m .........................secretary 1Corpotate goal) M ............................ ......... ........................ ISEAW ,,ll li(� 1C�.n�tc, •4 L-f3�F1i1'� F��t9 NORTH CAROLINA,...................... • Anthony T _Tyndall ��ia I, a,N,tota�r+y� P{u,�b'lic of IIkke,..C,to�unty and State afortgold, eerlify that ........ T. ------. •Ny*AR� ~', ..BFJfL}+��ity _ 1__+J-'kP 1.................................................................... Grantee. • 8 L'G � � � pDnoaatt y ypeDNd haforo lhl wg r day aq�hgswledSrd the axeeulion of the fer.#slaS inotrawont. wltngoa ■r V ,r rx�1 i hand and official stamp •e seat, this ._lL_.. day or ...... +7!Yp9bar,... ............ 18.9.1 t`h•� CQVit1�t.+�`,+p• My temmisalen oxptrest.._._S['_'22_`9ft.............. .. Notary Public I #EAbetAM! NORTH CAROLINA.............. ...County, 1, a Notary Public of Ike CouRlr and Stale sfareuld, facility "I .......................................... i personally gains beforeIn*Ibisdaysad ulnowlodsod'that kv to Carolina ........................... Soerotorr of +reeper.Iisn, and that by eoilsNtr 49u1r given and as the Get of the corporation, the foregoing IaDtlawsRI walk Diane& in Ito news by to ............... dada ! Peerldfnt. .rated with Its corporate goal and atU.t.d or ........... as Its............................ SgefoUq, i G lwtngo my Mend cad eftkW slam$ of fast. this .......Icy Of ..........................r to......... * My commission eslpirell ...................................__.................._..----------- Nobel leblie The forrsolhr ..... i� ...... x ------ Ty................ pp/ Certified to be eorrealr !bL instreRrent &Rd all egfuneate aM dety resWeeN at the dais gad Illy lad to Use be" slid Pw stews} es at fit. hereof. I ,ic.y.so.l.o.t._ifiglr_..--..Ti► t.....��1rrQ-- p�i p:r� .......SZOINpea or oteae Poi......... b�)......c01M .... �................M$yirSRM*i$bied fteee wN.C.u.�r�.wwNo10 0IWIL Mc OW01"?—r.nw.eas,I,asatn'"Asona.Gnlgrt '�•'tiLi.�' —._�D •^_� � j"• I C �`, �:L i ilk ' . �1.(,(/j�!yt-J._ �`� tk� 71 l kW, zr., T6 NOR WAR NO � R Al DIVISION OF WATER QUALITY August 13, 2002 TO, Coleen Sullins, Section Chief Dennis Ramsey, Assistant Section Chief Hope Walters, Supervisor TA & C Unit FROM: Robert F. Heath /'I Fayetteville Regional Office THROUGH: Paul Rawl Fayetteville kegionalOflice SUBJECT: Recommendation for Disciplinary Action Anthony Tyndall, OIC (17921) Tommy and Anthony Tyndall Farm Facility No. 82-173 Sampson County The Fayetteville Regional Office recommends disciplinary actions against the subject OIC based on the factors identified in the attached Enforcement Package. Factors noted in the Animal Operations Inspection Form numbers 4, 10, 23, 24, 25, 26, 30, 31, 34, and 40. It is our recommendation that the OIC be considered for revocation of his OIC certification. Thank you for your consideration in this matter. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details, please contact me. PR/RFH/bs V M J DIVISION OF WATER QUALITY August 21, 2002 TO: Coleen Sullins, Section Chief Dennis Ramsey, Assistant Section Chief Hope Walters, Supervisor, Technical Assistance and C ' ication Unit FROM: Paul Rawl Water Qua Regional Supervisor Fayetteville Regional Office SUBJECT: Disciplinary Action Against OICs As I have discussed with you previously, we at the Fayetteville Regional Office would like to see the Division take more disciplinary actions against CAFO OICs when appropriate. I have attached a recent discharge case that Bob Heath has prepared, as an example of what I feel is justification to recommend disciplinary action against the Operator. In many cases, we feel that our enforcement actions are prepare in such a manner as to provide all necessary information to proceed with disciplinary action. Utilizing the information contained in the enforcement actions greatly reduces the "additional" workload needed in preparing a recommendation for OIC disciplinary action. We feel that the only necessary "additional" work is a separate cover memo (an example is attached) recommending that the OIC be brought before the Commission for action. Thank you for your consideration of this proposal.