210013_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

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State of North Carolina
Department of Environment,
Health and Natural Resources A
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Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F-1
A. Preston Howard, Jr., P.E., Director
January 6, 1995
CERTIRED MAIL
RETURN RECEIPT REQUE5TTED
Mr. Claude Small
Claude Small Swine Operation
Route 1, Box 209-A
Edenton, NC 27932
Subject: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION
As Per 15A NCAC 2H .0217(a)(1)
CIaude Small Swine Operation
(Chow ount-y_
Dear Mr. Small:
RECEIVED
WASHINGTON OFFICE
JAN 12 1995
Animal Operations in the State have been deemed permitted by the Division of
Environmental Management in accordance with Title 15A of the North Carolina Administrative
Code, 2H, Rule .0217. An individual non discharge permit is not required if certain criteria are
met. A major requirement to be deemed permitted is that there must not be a discharge of WY
wastewater from the operation to the waters of the State.
This letter transmits a Notice of Violation and notification that your animal operation has
been found discharging wastewater to the surface waters of the State and is therefore no longer
deemed permitted as a nondischarge facility under 15A NCAC 2H ,0217. Therefore the existing
wastewater treatment system serving your animal operation is currently being operated without a
permit as required by North Carolina General Statute 143-215.1.
On October 21, 1994, wastewater was observed in an unnamed tributary adjacent to your
facility. This tributary flows to Pollock Swamp, which is classified C NSW within the Chowan
River basin. DEM Water Quality staff initially observed wastewater from a lagoon at your swine
operation overflowing a dike wall and ultimately flowing to waters of the State. No other animal
operations are located within the immediate area of this tributary. Photographs were taken
indicating that a discharge event had occurred.
If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule,
you must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed
to ensure there will be no future discharges; 3)send in an approved animal waste management plan
by completing the attached certification form. This form and a copy of your plan must be returned
to:
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Environmental Management
Water Quality Section Planning Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land in an environmentally acceptable manner. To
assist you in the development of this plan and to provide the required certification that the plan is
acceptable, you should contact your local agricultural agencies such as the Soil and Water
Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative
Extension Service.
If we have not received the requested certification within 60 days of receipt of this letter or
if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be
assessed and you may be required to apply for an individual non discharge permit from the
Division. This permit, if issued, will contain monitoring and reporting requirements determined to
be necessary by the Division.
If you have any questions concerning this matter please do not hesitate to contact either
Roger Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at (919)
946-6481 or Dianne Williams Wilburn of our Central Office staff at [phone], ext. 232.
Sincerely,
A. Preston Howard, Jr.,
cc:�Region Water�Quality Supervisor
Jeff Raifsnider - Chowan County Soil and Water Conservation District
Howard B. Campbell - Chowan County Health Department
Pat Hooper - NC Division of Soil and Water Conservation
Planning Branch
Operations Branch

DIVISION OF ENVIRONMENTAL MANAGEMENT
December 6, 1994
MEMORANDUM
TO: Dianne Williams Wilburn
Facility Assessment Unit
THROUGH: Jim Mulligan, Regional Supervisor
Washington Regional Office
THROUGH: Roger K. Thorpe, "Water Quality Supervisor
Washington Regional Office
FROM: Scott Jones, Environmental Technicia
Water Quality Section, WARO
SUBJECT: Loss of Deemed Permitted Status NOV
As Per 15A NCAC 2H .0217 (a) (1)
Claude Small Swine Operation
Chowan County
The purpose of this memo is to request that the Claude Small Swine Operation be issued
a Notice of Violation for the loss of deemed permitted status as a result of a discharge
of animal waste to waters of the State. A summary of the investigation conducted on
October 21, 1994, by Scott Jones, DEM staff, is attached.

December 6, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Claude Small
Claude Small Swine Operation
Route 1 Box 209-A
Edenton, NC 27932
SUBJECT: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION
As Per 15A NCAC 2H .0217(a) (1)
Claude Small Swine Operation
Chowan County
Dear Mr. Small:
Animal Operations in the State have been deemed permitted by the Division of
Environmental Management in accordance with Title 15A of the North Carolina
Administrative Code, 2H, Rule .0217. An individual non -discharge permit is not required
if certain criteria are met. A major requirement to be deemed permitted is that there must
not be a discharge of any. wastewater from the operation to the waters of the State.
This letter transmits a Notice of Violation and notification that your animal operation has
been found discharging wastewater to the surface waters of the State and is therefore no
longer deemed permitted as a non -discharge facility under 15A NCAC 2H .0217.
Therefore the existing wastewater treatment system serving your animal operation is
currently being operated without a permit as required by North Carolina General Statute
143-215.1.
On October 21, 1994, wastewater was observed in an unnamed tributary adjacent to your
facility. This tributary flows to Pollock Swamp which is classified C NSW within the
Chowan River Basin. DEM Water Quality Staff initially observed wastewater from a
lagoon at your swine operation overflowing a dike wall and ultimately flowing to waters
of the State. No other animal operations are located within the immediate area of this
tributary. Photographs were taken indicating that a discharge event had occurred.

If you wish to be reconsidered for coverage by the deemed permitted provision of the
Rule, you must: 1) immediately eliminate the discharge of wastewater; 2) make any
modifications needed to ensure there will be no future discharges; 3) send in an approved
animal waste management plan by completing the attached certification form. This form
and a copy of your plan must be returned to:
Division of Environmental Management
Water Quality Section Planning Branch
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land in an environmentally acceptable
manner. To assist you in the development of this plan and to provide the required
certification that the plan is acceptable, you should contact your local agricultural agencies
such as the Soil and Water Conservation District, the USDA Soil Conservation Service,
or the North Carolina Cooperative Extension Service.
If we have not received the requested certification within 60 days of receipt of this letter
or if there are additional discharges to the surface water, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual non -discharge
permit from the Division. This permit, if issued, will contain monitoring and reporting
requirements determined to be necessary by the Division.
If you have any questions concerning this matter please do not hesitate to contact either
Roger Thorpe, Water Quality Regional Supervisor for the Washington Regional Office at
[phone] or Dianne Williams Wilburn at [phone], ext. 233.
Sincerely;
A. Preston Howard, Jr., P.E.
cc: Roger Thorpe, Regional Water Quality Supervisor
Dwane Hinson, Chowan County Soil and Water Conservation District
Pat Hooper, NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
Central Files
2

Animal Operations Inspection Form
Date of Inspection: October 21, 1994
2. Regional Office: Washington
3. Name of Property Owner: Mr. Claude Small
4. Name of Operator: Mr. Carlton Perry, Lessee
S. Address: Route 1 Box 209-A
Edenton, NC 27932
6. Phone Number: [phone]
7. Description of facility location: The facility is located on the south side of NCSR 1208
approximately 0.8 miles east of the intersection with N.C. Highway 32 in Chowan County.
a. Date the facility began operation: 720101
9. Date of last expansion: December 1991
Explain: A secondary lagoon was completed. Lagoon designed (180 day storage; 120 day
pump cycle) and partially funded by Soil Conservation Service.
10. Has the facility registered with DEM? Yes
If yes, date registered? 931206
11. Does the facility have an approved animal waste management plan? No
Is one required? Yes, 970101
Date approved? NA
12. Has the facility received a CAFO Designation? No
If yes, date issued?
13. Type of operation (Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry,
breeders, layers, broilers, turkey production, etc.): This facility is a swine feeder to finish
operation incorporating two flush gutter style houses.
14. Number and type of animals: At the time of inspection, the operation housed approximately 600
swine.
15. Length of time animals have been, are, or will be stabled or confined and fed or maintained
In any 12 month period: Swine are housed at the facility the entire year.
16. Are crops, pasture, or post -harvest residues sustained In the normal growing season over
any portion of the lot or facility? Various crops are grown on a 12.0 acre tract adjacent to
the operation. This area is equipped with a walker type irrigation system.
17. Type of waste management (Examples: 1. type of confinement: free stall barns, sheltered
or limited shelter dirt lots, paved or dirt open lots, houses, or pasture; 2. type of waste
handling: direct spreading In solid form, slotted floor with lagoon or pit, single or multl-cell
lagoon, aerated lagoon, land application of .liquid manure, spray Irrigation, stockpiling,
contractor disposal, etc.)? Swine are housed in flush gutter buildings. Waste gravity flows to

two -stage lagoon system. According to Mr. Small the new lagoon has never needed to be pumped
down. Irrigation acreage is available.
18. Description of other animal operations In Immediate vicinity and proximity to same or other
surface waters: No other operations are known to be in the immediate area.
19. Proximity of facility to neighboring houses, wells, etc.: The closest dwelling is located
approximately 500 feet north of the operation along NCSR 1208.
20. Approximate depth of groundwater table in the area of the facility or discharge: Seasonal
high wetness condition and/or groundwater condition was estimated to vary between 12 and 60
inches over the entire site.
21. Proximity of facility to surface waters (provide name and class of surface waters): Facility
is adjacent to Pollock Swamp which is classified C NSW within the Chowan River Basin.
22. Animal waste discharge Including photos and witness' names, addresses, telephone
numbers, and statements of fact): Please note the attached photographs for your reference.
Scott Jones, DEM staff, of the Washington Regional Office, [phone], were present at the
facility and observed the discharge.
23. Are pollutants discharged into the waters of the state? If so, How? (directly or by man-
made ditch, flushing system, or other similar man-made device): The first stage lagoon at the
operation was overflowing the eastern dike wall. Waste was flowing overland to an unnamed
tributary which flows to Pollock Swamp,
24. Do or have discharges occurred In response to a storm event of less than a 25-year, 24-hour
Intensity (if yes, Include a brief listing of incidents and suspected causes):
have occurred regardless of storm events. However a storm event would have added to a
discharge.
2s. What Is the degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation? Animal waste was discharged into
Pollock Swamp which is classified C NSW within the Chowan River Basin. Wastewater of this
nature has the potential to deplete dissolved oxygen in the affected water body to a point which
is harmful to aquatic life.
26. What Is the duration and gravity of the violation? Based on erosion and vegetation at the point
of overflow, the discharge had occurred for some time.
27. Water Quality Assessment: (Include description of sampling, field measurements, visual
observations and slope and vegetative cover of land adjacent to water, extent of rainfall and
other factors relative to the likelihood or frequency of discharge of animal wastes and
process wastewaters ). The effect on ground or surface water quality or quantity or on air
quality. Samples or field measurements were not taken. Wastewater was observed overflowing
the dike wall into Pollock Swamp. There were no significant rainfall events associated with this
discharge.
28. What Is the cost of rectifying the damage? Unknown.
29. What Is the amount of money saved by noncompliance? The cost associated with proper
operation of equipment and personnel time has been saved.

30. Was the violation committed willfully or Intentionally? No. Explain: The overflow is a direct
result of negligent operation of the waste system at the facility.
31. What Is the prior record of the violator In complying or falling to comply with programs over
which Environmental Management Commission has regulatory authority? This violation is
the first offense charged against the Claude Small Operation.
32. What Is the cost to the State for the enforcement procedures? NA
Staff Time (WARO): $
Staff Time (Central Office): $
Travel: $
Total Cost of Investigation: $
33. Type or general nature of business? The Claude Small Operation is a swine production
operation.
34. What Is the violator's degree of cooperation (including efforts to prevent or restore) or
recalcitrance (stubbornness)? Mr. Small was cooperative regarding the investigation.
35. Are there mitigating circumstances? No
3e. Assessment Factors:
a. IWC:
b. Receiving Stream:
c. Damage (YIN - If yes, Include report from WRC)
37. Include a copy of any Designation letter signed by the Director.
38. Recommendations made to owner/operator: Mr. Small was informed by phone following the
inspection that the discharge was to be eliminated immediately. Additionally, he was informed that
the facility would receive an NOV for the incident which would require him to obtain a certified
waste management plan.
39. Recommendations for further DEM action (Re -Inspect, NOV, Enforcement Action, Designate,
etc.): The Washington Regional Office recommends that the Claude Small Operation receive an
NOV as a result of said discharge. This NOV will include a deadline by which the operation will
obtain and begin operating in accordance with a certified waste management plan. Follow-up
inspections will occur as needed.
40. Other Comments: Mr. Small -indicated during the phone conversation subsequent to the
investigation that the discharge had been eliminated.

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Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
1. Claude Small Swine Operation located off NCSF
1208 in Chowan County.
Claude Small
Chowan County
October 21, 1994
Scott Jones
Swine Operation
2. Primary stage lagoon at the facility is located behinc
both swine houses. Note vegetative growth alone
dike walls. Pollock Swamp (Class C NSW within the
Chowan River Basin) is located less than 250 feet
through the trees.
Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
3. Close up of eastern dike wall where overflow wa°
occurring at the time of inspection. Miscellaneous
debris not associated with swine waste was observe(
in the lagoon.
Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
1. Claude Small Swine Operation located off NCSF
1208 in Chowan County.
Claude Small
Chowan County
October 21, 1994
Scott Jones
Swine Operation
2. Primary stage lagoon at the facility is located behinc
both swine houses. Note vegetative growth alone
dike walls. Pollock Swamp (Class C NSW within the
Chowan River Basin) is located less than 250 feet
through the trees.
Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
3. Close up of eastern dike wall where overflow wa°
occurring at the time of inspection. Miscellaneous
debris not associated with swine waste was observe(
in the lagoon.

Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
4. Overflow was occurring at several points along the
dike as seen in this picture. Severe erosion and
"burned out" vegetation indicated that the discharge
had occurred for some time.
Claude Small Swine Operation
Chowan County
October 21, 1994
Scott Jones
Acreage adjacent to the facility is available for
application of wastewater.

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Animal Operations Inspection Form
1. Date of Inspection:
2. Regional Office: Washington
3. Name of Property Owner: IfLIQuA-_ 5MALL.
4. Name of Operator: t4so- : C1F Ln*) WMZi
S. Address: Zr- I
6. Phone Number: yaj qGZ3
7. Description of facility location: rits2 «S (L_),,aC47-kZ1)
(o
8. Date the facility began operation: of jar J7Z
Date of last expansion: �lNk�N
Explain:
10. Has the facility registered with DEM?
If yes, date registered?
11. Does the facility have an approved animal waste management plan? 40
Is one required? VES
Date approved? -<*Ws
12. Has the facility received a CAFO Designation? !dD
If yes, date Issued?
13. Type of operation (Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry,
breeders, layers, broilers, turkey production, etc.):
Sv�t+4IL-�
14. Number and type of animals:
15. Length of time animals have been, are, or will be stabled or confined and fed or maintained
In any 12 month period: #fitMA4 0 Rt.L 1164L,
16. Are crops, pasture, or post -harvest residues sustained In the normal growing season over
any portion of the lot or facility?
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17. Type of waste management (Examples: 1. type of confinement: free stall barns, sheltered
or limited shelter dirt lots, paved or dirt open lots, houses, or pasture; 2. type of waste
handling: direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell
lagoon, aerated lagoon, land application of liquid manure, spray Irrigation, stockpiling,
contractor disposal, etc.)?
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18. Description of other animal operations In Immediate vicinity and proximity to same or other
surface waters: LXk-,')a'.4
19. Proximity of facility to neighboring houses, wells, etc.:
20. Approximate depth of groundwater table In the area of the facility or discharge:
(,�Z62) 4/;t - -4 ,N
21. Proximity of facility to surface waters (provide name and class of surface waters):
•F�}cawy �?IA�I?' �r., r�rx.r 5�,.�A��
22. Animal waste discharge Including photos and witness' names, addresses, telephone
numbers, and statements of fact):
/ AA •
23. Are pollutants discharged Into the waters of the state? If so, how? (directly or by man-
made ditch, flushing system, or other similar man-made device):
5WA-+,P,
24. Do or have discharges occurred In response to a storm event of less than a 25-year, 24-hour
Intensity (if yes, Include a brief listing of incidents and suspected causes):
12;3�42L�_� , r � _;k5252m a L-�'
25. What Is the degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation?
r, �� u�Z' T� 5'� uaA7� • �svR-?L L� F£ �r4'%���i �G,
26. What Is the duration and gravity of the violation?

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27. Water Quality Assessment: (Include description of sampling, field measurements, visual
observations and slope and vegetative cover of land adjacent to water, extent of rainfall and
other factors relative to the likelihood or frequency of discharge of animal wastes and
process wastewaters ). The effect on ground or surface water quality or quantity or on air
quality. f-Nimpn- „J,%7L- 'Deee- W A4.4- 75 CJT = rhoC c d��
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28. What Is the cost of rectifying the damage? unlK-AJ1!:0,J
29. What Is the amount of money saved by noncompliance? ,JoRurt�L, C;
30. Was the violation committed willfully or Intentionally? Explain:
31. What Is the prior record of the violator In complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority?
32. What Is the cost to the State for the enforcement procedures?
Staff Time (WARD): $
Staff Time (Central Office): $
Travel: $
Total Cost of Investigation: $
33. Type or general nature of business?r,�G� aw)
i�t 34. What Is the violator's degree of cooperation (Including efforts to prevent or restore) or
recalcitrance (stubbornness)?
35. Are there mitigating circumstances? r•1 Jer
36. Assessment Factors: ►-1A
a. IWC:
b. Receiving Stream:
c. Damage (Y/N - If yes, Include report from WRC)
37. hiclude a copy of any Designation letter signed by the Director. /iA
38. Recommendations made -to owner/operator: ; x}�,�1 PLAAJ
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39. Recommendations for further DEM action (Re -Inspect, NOV, Enforcement Action, Designate,
etc.): nb / raZ C�aS.s at J'��2N► r
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40. Other Comments:
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Date
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