400045_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quo

ttsaa,
Irs S t
�¢
..;,,.d. M•M .N Y-ys MUM
•24'3; ii!le'.'ff� !S 47r .6
o-�, 'F CJm?Yn _riir•91Mti Fn`^:Fw
6

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director August 23, 2018
Mr. Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Or.
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Jimmy Dail Farm #4045
AWS400045
Greene County
NOD-2018-PC-00258
Dear Mr, Dail:
Thank you for your recent call regarding the freeboard levels at your facilities. On July 30,
2018 during a telephone conversation with staff of the NC Division of Water Resources (DWR),
you reported a high freeboard level (18inches) in the primary lagoon.
Please be advised that failure to maintain waste levels in your lagoon/storage ponds in
accordance with the facility's Certified Animal Waste Management Plan and with Condition V.
2. of NC Swine Waste System General Permit could result in other actions being taken by the
Division in response to compliance matters.
Deficiency 1:
On July 30,2018, a lagoon/storage pond level was documented at 17 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
Corrective Action for Deficiency 1:
A 30-day Plan of Action should have been submitted on July 31, 2018. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

s
w '
You are required to take any necessary action to address the above violation. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish for the Division to consider,
within 30 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. Failure to comply with conditions in a permit
may result in a recommendation of enforcement action, to the Director of the Division of Water
Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review your animal waste management system design, as well as the
waste plan itself, for any potential ly,beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional office 1 943 Washington Square Mail I Washington, North Carolina 27889
252,946.6481

;ray
Pwr
n
Water Resources
ENVWONMENtAL QUALOY
April 19, 2016
Mr. Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Dr.
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Jimmy Dail Farm #40-45
AWS400045
Greene County
NOD-2016-PC-0072
Dear Mr. Jimmy Dail:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
!'sir, oar
We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some
areas. Thank you for your recent call regarding the freeboard levels at your facilities On
February 8, 2016, during a telephone conversation with staff of the NC Division of Water
Resources (DWR), you reported.a high freeboard level (18 inches) in the primary lagoon.
Please be advised that failure to maintain waste levels in your lagoon/storage ponds in
accordance with the facility's Certified Animal Waste Management Plan and with Condition V.
2. of NC Swine Waste System General Permit could result in other actions being taken by the
Division in response to compliance matters.
Deficiency 1: On February 8, 2016, a lagoon/storage pond level was documented' at 18 inches of
freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your
permit and Certified Animal Waste Management Plan.
Thank you for submitting a 30-day Plan of Action on February 9, 2016. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. Failure to comply with conditions in a permit
may result in a recommendation of enforcement action, to the Director of the Division of Water
State'of North Carolina I Environmental Quality I Wafer Resources —Wafer Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946.6481

April 19, 2016
Jimmy Dail Farm
Cont. Page Two
Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms;
conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize -the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, --you may wish to .review- your .animal waste, management system design,. as well.as the .
waste plan itself, for any potentially beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation_ Disrict
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0435 1010
Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Drive
Snow Hill, North Carolina 28580
Subject: NOTICE OF DEFICIENCY
Kenneth Dail Farm #40-45
AWS400045
Greene County
NOD-2010-PC- 0076
Dear Mr. Dail:
On January 25, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (18.5 inches) in the
primary lagoon.
As a result of this incident, 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 Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan and in accordance with Condition V. 2. of Swine Waste System
General Permit No. AWG100000.
On January 25, 2010 a lagoon/storage pond level was documented at 18.5 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www.ncwaterquality.orq
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpponunitylAffirmative Action Employer - 50% Recycled110% Posl Consumer Paper
NorthCarolina
Natmally

Cont. Page Two
January 28, 2010
Jimmy Dail Farm
Required Corrective Action for Deficiency l:
A 30 Day Plan of Action (POA) was submitted to DWQ on January 26, 2010. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above violations on or before
February 28, 2010 and to provide a written response to this Notice within 30 days of receipt of
this letter indicating that freeboard is at a compliant level. Please include in your response all
corrective actions already taken and a schedule for completion' of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
f
j
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Gre ne County Soil and Water Conservation District
N SWC-ZRO
jaiO Compliance Animal Files
Murphy Brown
mds Files

Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
AQUIFER PROTECTION SECTION
January 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7005 1820 0003 6593 4412
Mr. Jimmy A. Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of intent to Enforce
Case # NOV-2006- PC-0535
Animal Operation Compliance
Jimmy Dail Farm
Facility Number 40-45
Greene County
Dear Mr. Dail:
This letter is to notify you that facility number 40-45 is in violation of its Certified Animal Waste
Management Plan (CAWMP) and North Carolina Administrative Code Subchapter 15A NCAC 2H 0217.
A complaint was filed with the Division of Water Quality on August 31, 2006 indicating irrigation
activities were being conducted during a rainfall event on that date. Based on the complaint, Division
of Soil and Water Conservation staff and Division of Water Quality staff conducted separate
investigations on August 31, 2006. Available data and findings, including laboratory analysis for
samples collected from adjoining ditches noting elevated fecal coliform and nitrogen levels, support the
initial complaint of irrigation in the rain. Specific violations are as follows:
• In accordance with the Animal Waste Operation Permit Condition 11, No. 21, the permittee shall
consider pending weather conditions in making the decision to land _apol waste and shall
document the weather conditions at the time of land application on forms supplied by or
app-roved-by the Division. Land application of waste is orohibited during precipitation events.
In accordance with the Animal Waste Operation Permit Condition I, Performance standards:
The waste collection, treatment, storage and application system operated under this ermit shall_
be effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters or wetlands. Waste shall not reach surface waters or wetlands by
runoff, drift manmade conveyance, direct application, direct discharge or through ditches not
otherwise classified as state waters.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.or¢ �rOne
943 Washington Square Mall Phone [phone]� 0 hCarolina
Washington, NC 27889 Fax [phone] ;aturr l
���/// YYY F�l i L1L
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
�f

I
Cont. Page Two
January 5, 2007
Jimmy A. Dail Farm
Facility #40-45
Please provide to this office a written explanation of the events that lead up to this
situation within 30 working days after receiving this letter. Your explanation will be viewed and be
advised that if this violation continues, the Division will consider a recommendation for
enforcement action be sent to the Director of the Division of Water Quality,
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as
possible. For additional assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. If you have any
questions concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-
948-3846.
Sincerely,
PaVidMay
Aquifer Protection Regional Supervisor
Washington Regional office
Cc: Premium Standard Farms
Greene County Soil and Water Conservation District
Eve Honeycutt, Extension Agent, Agriculture -Livestock
NCDSWC-WaRO
Aquifer Protection Animal Central Files
WaRO Compliance Animal Files
MDS Files

O�O� \NArEj9pG Michael F. Easley, Governor
William G. Ross Jr.. Secretary
rNorth Carolina Department of Emiroameot and N'antral Resources
5: y
p -C Alan W. Klimek. P.E, Director
Di% -lion of Water Quality
AQUIFER PROTECTION SECTION
April 13, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7005 1820 0003 6595 0405
Mr. Jimmy Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Jimmy Dail Farm
NPDES Permit No. NCA240045
Greene County
NOV# Nov-2006-SP-0019
Dear Mr. Dail:
You are hereby notified that, having been permitted to have an animal waste management
system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean 'Water
Act, you have been found to be in violation of your permit.
The General NPDES Permit, Condition Ed.12 states:
"An annual certification report shall be filed with the Division's Central office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year, actions
taken or actions proposed to be taken to resolve noncompliance and explain the current
compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this farm.
North Carolina Division of Water Quality Internet: www.ncwaterq-ualiry.org ne
943 Washington square Mall Phone [phone] oLCarolina
Washington, NC 27889 Fax [phone] ;Vaturally
An Equal Opportunity/Affirmative Action Employer - 50% RecycledhOO,o Posi Consumer Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Jimmy Dail
Jimmy Dail Farm
Rt 1 Box 329
Snow Hill NC 28580
Dear Mr. Dail:
I LTIMWA
E)E�H-LR_
April 3, 1997 WASH NGTONEOFFICE
APR 0 7 1997
SUBJECT: Notice of Violation
Designation of Operator in Charge
Jimmy- Dail Farm
Facility Number 40--45
Greene County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, .please contact our Technical Assistance and
Certification Group at [phone].
Sincerely, NN��
)1(� � 'X 4l '
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Washington Regional Office
Facility File
Enclosure
P.O. Box 29535, �AW� FAX [phone]
Raleigh, North Carolina 27626 0535 �� An Equal Opportunity/Affirmative Action Employer
NTelephone 919-733-7015 50% recycles/ 10°k post -consumer paper

' VW.1,
Wafer Resources
LNVIRONMkNI AL_ DUAL I'TY
April 19, 2016
Mr. Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Dr.
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Jimmy Dail Farm 440-45
AWS400045
Greene County
NOD-2016-PC-0072
Dear Mr. Jimmy Dail:
PAT MCCRORY
DONALD R. VAN DER VAART
,'�'4'I1.1,Ii-I-
S. !AY ZIMMERMAN
We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some
areas. Thank you for your recent call regarding the freeboard levels at your facilities On
February 8, 2016, during a telephone conversation with staff of the NC Division of Water
Resources (DWR), you reported.a high freeboard level (18 inches) in the primary lagoon.
Please be advised that failure to maintain waste levels in your lagoon/storage ponds in
accordance with the facility's Certified Animal Waste Management Plan and with Condition V.
2. of NC Swine Waste System General Permit could result in other actions being taken by the
Division in response to compliance matters.
Deficiency 1: On February 8, 2016, a lagoon/storage pond level was documented at 18 inches of
freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your
permit and Certified Animal Waste Management Plan.
Thank you for submitting a 30-day Plan of Action on February 9, 2016. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2' of your permit.
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. Failure to comply with conditions in a permit
may result in a recommendation of enforcement action, to the Director of the Division of Water
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27689
252.946.6481

April 19, 2016
Jimmy Dail Farm
Cont. Page Two
Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review -your animal waste management system design, as well as the
waste plan itself, for any potentially beneficial modifications and/or improvements.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation Disrict
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

y+5 PLAN OF ACTION FOR HIGH FREEBOARD AT ANIMAL FACILITIES
�. THIRTY (30) DAY DRAW DOWN PERIOD swteuyegw
A&r state umm!
NCCOOPEI
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE IEXTENS
- fmr,owen„p Penp!
1, Structure Name/Identifier (ID): Jimmy Dail Date: 2/9/2016
2. Current liquid volume in 25 yr/24 hr. storm stroage & structural freeboard
a. Current liquid level according to marker 18
b. Designed 25 yr/24 hr. storm & structural freeboard 19
c. Line b - line a (inches in red zone) 1
d. Top of dike surface area according to design .81510
(area at below structural Freeboard elevation)
e. (Line c/12) x (line d) x (7.48 gallons/ft3)1 50807.9
3. Projected volume of waste liquid produced during draw down period
f. Temporary storage period according to structural design i80
g. Volume of waste produced according to design 405000
h. Actual waste produced=
current herd #/certified herd # x line g 1 3915001
current herd: , •' 2900 certified herd ,* .-3000
i. Volume of wash water according to structural design 0
j. Excess rainfall over evaporation according to design 47643
k. (line h + line i + line j) x 7.48 x (30 days/line f) _ °547464.94
4. Total PAN to be land applied during draw down period
I. Current waste analysis dated
M M/ D D/YYYY
m. (lines e + k)/1000 x (line 1) = 0
REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE

41
PLAN OF ACTION FOR HIGH FREEBOARD AT ANIMAL FACILITIES
THIRTY (30) DAY DRAW DOWN PERIOD
II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD
AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILI'
L
structure ID:
fine m=
0
2.
structure ID:
line m=
3.
structure ID:
line m=
4,
structure ID:
line m=
5.
structure ID:
line m=
6.
structure ID:
line m=
n.
lines 1+2+3+4+5+6 =
0
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 PERIOD.
DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIED DURING THIS 30 DAY PER]
o. tract # P. Feld # q crop r. acres s_ PAN balance r. total PAN u. application
(Ib/acre) column r x s window
State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
V, TOTAL PAN AVAILABLE FOR ALL FIELDS (SUM OF COLUMN T.) 1340
IV. FACILITY'S POA OVERALL PAN BALANCE
W. TOTAL PAN TO BE LAND APPLIED (LINE n from section II) 0
X. CROP'S REMAINING PAN BALANCE (LINE V FROM SECTION III) 1340
Y. OVERALL PAN BALANCE (W-X) .1340

ti
e
PLAN OF ACTION FOR HIGH FREEBOARD AT ANIMAL FACILITIES
THIRTY (30) DAY DRAW DOWN PERIOD
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pun
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new P
based on new information. If new fields are to be included as an option for lowering lagoon level, add tF
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled t
{ another permitted facility provide information regarding the herd population and lagoon freeboard level
the receiving facility.
NARRATIVE:
I waiting on waste analysis - sent 2/9/16
C�Y--(
PERSON COMPLETING THIS DOCUMENT:
EVE H. HONEYCU17
NC COOPERATIVE EXTENSION
LENOIR AND GREENE COUNTIES
Date Completed: incomplete 2/9/16

A�A�
.
..i�..rA....ra
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor IDirector Secretary
January 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0435 1010
Jimmy A. Dail
Jimmy Dail Farm
745 Middle School Drive
Snow Hill, North Carolina 28580
Subject: NOTICE OF DEFICIENCY
Kenneth Dail Farm 440-45
AWS400045
Greene County
NOD-2010-PC- 0076
Dear Mr. Dail:
On January 25, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), you reported a high freeboard level (18.5 inches) in the
primary lagoon.
As a result of this incident, 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 Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan and in accordance with Condition V. 2. of Swine Waste System
General Permit No. AWG100000.
On January 25, 2010 a lagoon/storage pond level was documented at 18.5 inches of freeboard at the
primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan,
North Carolina Division of Water Quality Internet: www.ncwateroual y-ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Nne
orthCarolina
Naturally

Cont. Page Two
January 28, 2010
Jimmy Dail Farm
Required Corrective Action for Deficiency 1:
A 30 Day Plan of Action (PDA) was submitted to DWQ on January 26, 2010. Take all necessary
additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
You are required to take any necessary action to correct the above violations on or before
February 28, 2010 and to provide a written response to this Notice within 30 days of receipt of
this letter indicating that freeboard is at a compliant level. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or
me at [phone].
Sincerely,
David May
Regional Aquifer Protection Supervisor
Washington Regional Office
cc: Keith Larick CAFO Unit
Greene County Soil and Water Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files
M}rphy Brown
;ds Files

O�OF WArEj4QG Michael F. Easley, Governor
William G. Ross In. Secretary
North Carolina Department of Environment and Natural Resource's
� y
-� Alan W. Klimel•. P.E. Director
Div6sion of Water Quality
AQUIFER PROTECTION SECTION
April 13, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7005 1820 0003 6595 0405
Mr. Jimmy Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of Intent
-Animal Facility Annual Certification Form
Jimmy Dail Farm
NPDES Permit No. NCA240045
Greene County
NOV# Nov-2006-SP-0019
Dear Mr. Dail:
You are hereby notified that, having been permitted to have an animal waste management
system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean i-later
Act, you have been found to be in violation of your permit.
The General NPDES Permit, Condition 11112 states:
"An annual certification report shall be filed with the Division's Central office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year, actions
taken or actions proposed to be taken to resolve noncompliance and explain the current
compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this farm
North Carolina Division of Water Quality Internet: %%-,A,%k,.ncsA,atergualit%,.oryr
943 Washington Square Mall Phone [phone]
Washington, NC 27889 Fax [phone]
No Carolina
,Yaturatlu
U
An Equal Opportunity/Affirmative Action Employer— 501,16 Recycled110% Post Consumer Paper

Cont. Page Two
April 13, 2006
Jimmy Dail Farm
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form for the
year 2005 as required by your NPDES permit. To avoid possible enforcement action for a
violation of your permit, submit this form within 30 days from the receipt of this letter, to
the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed
and returned within 30 days of receipt of this letter. The Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000 per day per violation. Information
submitted will be reviewed and, if enforcement is still deemed appropriate, will be
forwarded to the Director with the enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions concerning this matter, please contact me at 252-948-3939, or
Miressa D. Garoma at 919-715-6937.
Sincerely,
-'Inn
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Facility File Greene County — Jimmy Dail Farm
APS Central Files
Premium Standard Farms
Division of Soil &-Water, Washington Regional Office
Greene Soil & Water Conservation District

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Jimmy Dail
Jimmy Dail Farm
Rt 1 Box 329
Snow Hill NC 28580
Dear Mr. Dail:
AT?* WA
AMI
Adobn� 't __ __ MM
E)EEFH.N-. FR.-
April 3, 1997 WASH NGTONEOFFICE
APR 0 7 1997
I E M.
SUBJECT: Notice of Violation
Designation of Operator in Charge
Jimmy Dail Farm
Facility Number 40-45
Greene County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, .please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Washington Regional Office
Facility File
{ Enclosure
P.O. Box 29535, N'wf
4 FAX [phone]
Raleigh, North Carolina 27626 G535 An Equal opportunity/Affirmative Action Employer
Telephone [phone].% recycles/10% post -consumer paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
AQUIFER PROTECTION SECTION
January 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7005 1820 0003 6593 4412
Mr. Jimmy A. Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of Intent to Enforce
Case # NOV-2006- PC-0535
Animal Operation Compliance
Jimmy Dail Farm
Facility Number 40-45
Greene County
Dear Mr. Dail:
This letter is to notify you that facility number 40-45 is in violation of its Certified Animal Waste
Management Plan (CAWMP) and North Carolina Administrative Code Subchapter 15A NCAC 2H 0217,
A complaint was filed with the Division of Water Quality on August 31, 2006 indicating irrigation
activities were being conducted during a rainfall event on that date. Based on the complaint, Division
of Soil and Water Conservation staff and Division of Water Quality staff conducted separate
investigations on August 31, 2006. Available data and findings, including laboratory analysis for
samples collected from adjoining ditches noting elevated fecal coliform and nitrogen levels, support the
initial complaint of irrigation in the rain. Specific violations are as follows:
• In accordance with the Animal Waste Operation Permit Condition II,, No. 21, the permittee shall
consider pending_weather conditions in making the decision to land apply waste and shall
document_ the weather conditions at the time of land application on forms supplied ied by or
approved by the Division. Land application of waste is prohibited during precipitation events.
In accordance with the Animal Waste Operation Permit Condition I, Performance standards:
The waste collection treatment storage and application s stem operated under this permit shall
be effectively maintained and operated as a non -discharge system to prevent the discharge of
Pollutants to surface waters or wetlands. Waste shall_ not reach surface waters or wetlands by
runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not
otherwise classified as state waters.
North Carolina Division of Water Quality Internet: www.ncwatcMuality,org One
943 Washington Square Mall Phone [phone] N� Carolina
Washington. NC 27889 Fax [phone] Nturall f� L rtiL
AnC—.l A Hir tl—AMlnn Cmnlra,or_eno/na^elerlhno/ Pnot r'eineiimor Panmr

Cont. Page Two
January 5, 2007
Jimmy A. Dail Farm
Facility #40-45
Please provide to this office a written explanation of the events that lead up to this
situation within 30 working days after receiving this letter. Your explanation will be viewed and be
advised that if this violation continues, the Division will consider a recommendation for
enforcement action be sent to the Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as
possible. For additional assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. If you have any
questions concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-
948-3846.
Sincerely,
k
avid May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Premium Standard Farms
Greene County Soil and Water Conservation District
Eve Honeycutt, Extension Agent, Agriculture -Livestock
NCDSWC-WaRO
Aquifer Protection Animal Central Files
WaRO Compliance Animal Files
MDS Files

����r if/wm �,'I -e f�pr *n Pvm)m'�. 4-L . ejip.+C +Am4 104,11 /^m
f i m I]. - » ^/ '

Michael F. Easley, Governor
�. �0 W A rF9Q
AQ
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
AQUIFER PROTECTION SECTION
November 13, 2006
CERTIFIED MAIL J/� � 0 &
RETURN RECEIPT REQUESTED J41d V
CM# 7006
Mr. Jimmy A. Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of Intent to Enforce
Case # NOV-2006-PC- _
Animal Operation Compliance
Jimmy Dail Farm
Facility Number 40-45
Greene County
Dear Mr. Dail:
This letter is to notify you that facility number 40-45 is in violation of its Certified Animal Waste
Management Plan (CAWMP) and North Carolina Administrative Code Subchapter 15A NCAC 21-1:
0217. A complaint was filed with the Division of Water Quality indicatS irrigation activities were being
conducted during a rainfall event. Based on the complaint, Division of Soil and Water Conservation
staff and Division of Water Quality staff conducted separate investigations on August 31, 2006.
Available data and findings,including laboratory analysis for samples collected from adjoining ditches, -
noting elevated fecal coiiform and nitrogen levels/support the initial complaint of irrigation in the rain.
Specific violations are as follows:
• In accordance with the Animal Waste Operation Permit Condition II, No. 21, the permittee shall
consider pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied by or
approved by the Division. Land application of waste is prohibited during precipitation events.
In accordance with the Animal Waste Operation Permit Condition I, Performance standards:
The waste collection. treatment, storaae and application system operated under this permit shall
be effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters or wetlands. Waste shall not reach surface waters or wetlands by
runoff. drift. manmade convevance. direct application, direct discharge or through ditches not
otherwise classified as state waters.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone [phone]
Washington, NC 27889 Fax [phone]
NorthCarohna
NaturallY
An Equal OpportunitylAffirmative Action Employer —50% Recycled/10% Post Consumer Paper

Cont. Page Two
November 13, 2006
Kenneth Dail Farm
Facility #40-45
Please provide to this office a written explanation of the events that lead up to this
situation within 30 working days after receiving this letter. Your explanation will be viewed and be
advised that if this violation continues, the Division will consider a recommendation for
enforcement action be sent to the Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as
possible. For additional assistance, please contact your Technical Specialist.
Thank you for your assistance and cooperation during the inspection. If you have any
questions concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-
948-3846.
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Premium Standard Farms
Greene County Soil and Water Conservation District
Eve Honeycutt, Extension Agent, Agriculture -Livestock
NCDSWC-WaRO
Aquifer Protection Animal Central Files
WaRO Compliance Animal Files
MDS Files

a
WAT6. Incident Report
Report Number:
200602927
Incident Type: Non -Compliance Reporting
On -Site Contact:
Category: Animal
First/Mid/Last Name:
Incident Started: 08/31/2006
Company Name:
County: Greene
Phone:
City:
Pager/Mobile Phone: 1
Farm #: 4045
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Permit:
Company fume:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
Address
PagerlMobile Phone: 1
City/State/Zip:
Phone:
Material Category: Estimated City: UOM
Chemical Name Reportable Qty. lbs. Reportable City. kgs.
DD:MM:SS
Latitude: _ +35°27'12"
Longitude:—77"34'52"
Location of Incident:
Address:
City/State/Zip
Decimal Position Method: Unknown
35.453300 Position Accuracy: Unknown
-77.581100 Position Datum: NAD83
Off 123 South, about 1 mile from Maury, NC.
Maury NC
Report Created 11/13/06 01:14 PM Page, l

a
Cause/Observation:
Irrigation during rainfall according Mr, Martin McLawhorn
(DSWC - WaRO)
Action Taken:
Site visited same day by Will Hart & Joseph Gyamfi, water
samples collected from adjoining ditches, pictures taken.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Directions:
From Snow Hill take 258 Hwy. North toward Farmville and turn Rt. on 903
North and go to Maury. Turn Rt. on 123 South and go 2 miles and the
farm is on the right.
Comments:
Pumping was cut off before we got to the site, water in adjoining ditches
"looked' dark brown - we suspected it came from runoff from field during
irrigation in the storm.
Conveyance:
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type.
(Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Access to Farm
Structure Questions
0 Animal Population
Groundwater Impacted : Unknown
0 Spray Availability
Report Created 11/13/06 01:14 PM Page 2

Access to Farm
Farm accessible from the main road?
Animal Population
Confined?
Depop?
Feed Available?
Mortality?
Spray Availability
Pumping equipment?
Available Fields?
Structure Questions
Breached?
Inundated?
Overtopped?
Water on outside wall?
Poor dike conditions?
Waste Structure Type Waste Structure Identi inches
Lagoon 1 21.00
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes []No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
Plan Due Date Plan Recieved Date level OK Date
06-08-31 05:30:00
Event Type Event Date Due Date Comment
Report Entered 2006-09-05 05:02:55
Incident Start 2006-08-31 02:00:00
Report Received 2006-08-31 12:00:00
Referred to Regional Office - Primary Contact 2006-08-31 12:00:00
Standard Agencies Notified:
Report Created 11/13/06 01:14 PM Page 3

Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
First Name M.I. Last Name Contact Date
First Name M.l. Last Name Contact Date
Report Taken By: Report Entered By: Regional Contact:
David L May Joseph Gyamfl David L May
Phone:
Date/Time: 2006-08-31 12:00:00 AM 2006-09-05 05:02:55 PM 2006-08-31 12:00:00 AM
Referred Via: Phone Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 11/13/06 01:14 PM Page 4

o� w A rE9
GJ �
p �
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
November 13,2006
T
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7006
Mr. Jimmy A. Dail
745 Middle School Drive
Snow Hill, North Carolina 28580
RE: Notice of Violation/Notice of Intent to Enforce
Case # NOV-2006-PC-
Animal Operation Compliance
Jimmy Dail Farm
Facility Number 40-45
Greene County
Dear Mr, Dail:
This letter is
Management PI
A
tV.t S r'0 V1
Wtx�e�
notify you that facility number 40-45 is in
(CAWMP) and North Carolina Administyt
Alan W. Klimek, P.E. Director
Division of Water Quality
et -(�Ie) w%1i e-
litckAO'3 1.r ) t vn , /
5kV%,7 A : V., ilk ' `� 4--
la4;.11 eveP"-'
lation of its Certified Anil Wast
Code Subchapter 15A NCAC 2 � nR.J.P.
vent. I the 01,-1.,jr
adjoi ' led �ri4,,
and sent to�kis-P�6B to �
mdevels were indicitve of waste w('s.
both at the source and dowFrstream from the site. fP•��'U%t�Af5 j+
• In accordance with the Animal Waste Operation Permit Condition 11, No. 21, the permittee shall
consider pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied by or ;,t���;� C
approved b the Division. Land a plication of waste is rohibited during precipitation events.��
J
• In accordance with the Animal Waste Operation Permit Condition I, Performance standards: "Q� '�` �'
The waste collection, treatment, storage and application system operated under this permit shall,'�'y 3
be effectively maintained and operated as a non -discharge system to prevent the discharge of 1��, F
pollutants to surface waters or wetlands. Waste shall not reach surface waters or wetlands by
runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not
otherwise classified as state waters. ' � -01
er
-7#1 •E,/ f a
North Carolina Division of Water Quality Internet: www.ncwateruuality.org
943 Washington Square Mall Phone [phone]
Washington, NC 27899 Fax [phone]
;X!
4
ontNturall#
hiCarolin i �'"�7�
9-S '
An Equal opportunity/Affirmative Action Employer — 50% Recycled/1001. Post Consumer Paper

Cont. Page Two
A November 13, 2006
Kenneth Dail Farm
Facility #40-45
Please provide to this office a written explanation of the events that lead up to this
situation within 30 working days after receiving this letter. Your explanation will be viewed and be
advised that if this violation continues, the Division will consider a recommendation for
enforcement action be sent to the Director of the Division of Water Quality.
It is very important as the owner and/or the Operator in Charge that the aforementioned
violations/deficiencies and any other problems that may arise be resolved, as soon as
possible. For additional assistance, please contact your Technical Specialist. .
Thank you for your assistance and cooperation during the inspection. If you have any
questions concerning this matter, please contact me at 252-948-3939, or Marlene Salyer, 252-
948-3846.
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: Premium Standard Farms
Greene County Soil and Water Conservation District
Eve Honeycutt, Extension Agent, Agriculture -Livestock -OA,
NCDSWC-WaRO
Aquifer Protection Animal Central Files
WaRO Compliance Animal Files
MDS Files

6••C•s"
IRA
0'
ew w - iV 1 I i
v