400141_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qua
II

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

Water Resources
ENVIRONMENI AL QUALM-Y
April 25, 2016
Vanrack Inc.
Vandiford Swine #2 Farm
8642 Willow Green Road
Snow Hill, North Carolina 28580
Subject: Notice of Deficiency - Freeboard Level
Vandiford Swine #2 Farm #40-141
AWS400141
Greene County
NOD-2016-PC-00100
Dear Mr. Vandiford:
PAT MCCRORY
l
DONALD R. VAN DER VAART
.k-xnvml'
S. JAY ZIMMERMAN
We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some
—__areas. Thankyouu_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 8, 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 j Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6491
*rr..W

April 25, 2016
Vandiford Swine #2 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 District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files

)�aa/�O6 3l1-3
` PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number: `, 0 - County: 6 Pep h -e,
Facility �Ro S U2� +vE � 2
Name• '-
Certified Operator Name:
# /d 3"9 —7
Operator
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in
the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Lagoon NamelIdentifier (ID):
Spillway (Yes or No):
Level (inches):
2. Check all applicable items
AV
1
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day
Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Wager Resources erior to transfer of
waste to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated-
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 45
I hereby certify that I have reviewed the information listed above and included within the attached Plan
of Action, and to the best of my knowledge and ability, the Information is accurate and correct
OwnerlManager (print)
PoA Cover Page 2f21100
Phone: 57 -753- [ %7 2%
a/7/1

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
THIRTY (30) DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Namelldent'fier (ID):� �Llo—�141
2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard
a. current liquid level according to marker /y inches
b. designed 25 yr.124 hr. storm & structural freeboard /�j inches
c. line b - line a ' (inches in red zone) = inches
d. top of dike surface area according to design / �f3I 3oy f
(area at below structural freeboard elevation)
e. Hne c x line d x 7.48 galtons = /JJ 969gallons
12 ft
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design of Ry days
g. volume of waste produced according to structural design n(-� ft3
h. actual waste produced =29went herd # x line g =� ft3
7,$ o certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i +i) x 7.48 x 30 dat _
line f
4. Total PAN to be land applied during draw down period
I. current waste analysis dated
m. (lines e + k) x line I
1000
i? ft3
V S! 1 ft3
15 gallons
v , 9D Ito 000 gal.
lb PAN
REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE
II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
PoA (30 Day) 212100 1

1.
structure ID: �0 i`"k�
line m = _ S,77
lb PAN
2.
structure ID:
line m =
lb PAN
3.
structure ID:
line m =
lb PAN
4.
structure ID:
line m =
lb PAN
5.
structure ID:
line m =
lb PAN
6.
structure ID:
line m =
lb PAN
n.
lines 1 + 2 + 3 + 4 + 5 + 6 =
'16.77 - Ib PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN
PERIOD.
DO
NOT LIST FIELDS TO WHICH PAN CAN
NOT BE
APPLIES DURING THIS 30 DAY
PERIOD.
o. tract #
p. geld #
q. crop
r. acres
s_ remaining
IRR-2 PAN
balance
(Iblacre)
L TOTAL PAN
BALANCE
FOR FIELD
(Ibs.)
column r x s
u. apprcation
window'
! 0,8
D -'3
5
S v
1710, CC)
I'^
D v5-
'1
5'0
pS, TO
sep v-r)-..
a-,!?
E
14,J
27S
11go
MhA- x f-
v4�
F•
[A-
2,7V
S7S
~1b�IF5+�
Mn!- Se N
'State current crop ending application date or next crop application beginning date for available receiving crops
during 30 day drawn down period
v. Total PAN available for all fields (sum of column Q 22 ` �' S� Ib. PAN
IV. FACILIT)rS PoA OVERALL PAN BALANCE
PoA (30 Day) 2/21100 2

w. Total PAN to be land applied (line n from section 11) = �t�','7' lb. PAN
x. Crop's remaining PAN balance (line v from section 111) = 1*Vig 50_ lb. PAN
y. Overall PAN balance (w - x) = :2 2. 4% 1.7 $ Ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here
including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd
reduction options, recalculate new PAN based on new information. If new fields are to be
included as an option for lowering lagoon level, add these fields to the PAN balance table and
recalculate the overall PAN balance. If animal waste is to be hauled to another permitted
facility provide information regarding the herd population and lagoon freeboard levels at the
receiving facility.
NARRATIVE:
PoA (30 Day) 2t21100 3

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7008 1300 0001 0435 0921
Charles R. Vandiford
Vandiford Swine #2
8642 Willow Green Road
Snow Hill, North Carolina 28580
Coleen H. Sullins
Director
January 13, 2010
Subject: NOTICE OF DEFICIENCY
Vandiford Swine #2 #40-141
A WS400141
Greene County
NOD-2010-PC- 0027
Dear Mr. Vandiford:
Natural Resources
Dee Freeman
Secretary
On January 11, 2010, during a telephone conversation with staff of the NC Division of Water Quality
(DWQ) Aquifer Protection Section (APS), Mr. Keith Vandiford reported a high freeboard level (18
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 l:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000
On January 11, 2010 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.
North Carolina Division of Water duality Internet www.ncwaterqualitv.orq
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% RecycleV 0% Post Consumer Paper
NorthCarolina
;Vatural
1Y

Cont. Page Two
January 13, 2010
Vandiford Swine #2
Required Corrective Action for Deficiency 1:
Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. 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 11, 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
Ia
ne County Soil and Water Conservation District
SWC-WaRO
O Compliance Animal Files
Murphy Brown
mds Files
U.S. sta ervieeTr.F ► �
CERTIFIED MAILr�., RE-'CEIPT
(Domestic Mai! Only; Na insurance Coverage Provided)
� [Fo7delivery Information visit our website at www.usps.com�
©FFf(11�L. UtiF
Certified Fee
d Relum Receipt Fee otf� �) aGy o�rk�.\
O(Endorsement Required) d-3 Q�Here\`�
Restricted DeNvery Fee VVc
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Q sir b WDI M SWINE #2 <io /Gf l -----
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NNA
Michael F. Easley, Governor
William G. Moss Jr., Secretary
`0
fq r
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT # 7002 2410 0003 0272 8903
Mr. E.H. Dixon
PO Box 488
Maury, NC 28554
SUBJECT: Final Notice
Request for Payment of Civil Penalty
Farm # 40-141
Greene County
File No. DV 03-036
Dear Mr. Dixon:
`J
► ,ENovzaab 1
WASHINGTON OREGOIONAL OFFICL
Your immediate attention to this matter is required. On July 18, 2003, the Division of
Water Quality (DWQ) assessed a civil penalty against you in the amount of $5,779.96, including
$779.96 in investigative costs, for violations of your NPDES Permit. On March 31, 2004, the
Director of DWQ considered your request for remission and reduced the penalty to 3,279.96.
On June 14, 2004, you agreed to a payment schedule of three (3) payments beginning on
October 1, 2005. On June 25, 2004 DWQ received the first payment in the amount of $1,279.96.
As of November 8, 2005, the second payment has not been received. The balance of the penalty
is $2,000.00.
This letter serves as final notice that the Division will proceed to refer your case to
the North Carolina Attorney General's Office unless the next payment is received within 10
days of your receipt of this notice. The North Carolina Attorney General's Office will then
seek collection through the courts.
Please send the payment within ten calendar days to:
Paul Sherman
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
tadCarolina
ra!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: htty:/Wo.enrslate.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/AfTimrative Action Employer — 50% Recycled/l0% Post Consumer Paper
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

E.H. Dixon
Page 2
November 8, 2005
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.
If you would like a receipt that your payment was received, please send it via certified mail.
If you have any questions, please contact me at [phone].
Sincerely,
Pa 1 Sherman
Animal Feeding Operations Unit
cc: David May, Washington Regional Office
File # DV 03-036
APS Central Files

�oo
April 8, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. E. H. Dixon
E. H. Dixon Swine Farm #2
PO Box 488
Maury, NC. 28554
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
RE: Remission Request of Civil Penalty Assessment
Greene County
Case # DV-03-036
Permit # AWG100000
Dear Mr. Dixon:
Alan W_ Klimek. P. E. Director
Division of Water Quality
Coleen H. Sullins. Deputy Director
Division of water Quality
L
,APR 3 0 2004
DWQTARO
I have considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty
assessment of $5,779.96 to the total amount of $3,279.96.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the modified penalty, please make your check payable to the Department of
Environment and Natural Resources ENR . Send the payment within 30 days of receipt of this
letter to the attention of:
Ms. Linda Fitzpatrick
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee On Civil Penalty Remissions for final agency decision.
i�DENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-977-623-6748

Mr. E. H. Dixon
Page 2
If you or your representative would like to speak before the Committee, you must complete and
return the attached form within 30 days of receipt of this letter. Send the completed form to:
Ms. Linda Fitzpatrick
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Linda Fitzpatrick at [phone], ext. 526 or Steve Lewis at [phone], ext. 539.
Sincerely,
Alan W. Klimek, P.E.
AWK/lff
attachment
cc: Mr. Jim -Mulligan - Washington Regional Office
Case # DV-03-036
Central Files
NcQENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST: )
ENVIRONMENTAL MANAGEMENT
COMMISSION
REQUEST FOR ORAL PRESENTATION
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

� WA TF
RQG
Michael F. Easley, Governor
G. Ross Jr., Secretary
William
North Carolina Department of Environment and Natural Resources
`OTC`
Alan W. Klimek, P.E. Director
>_
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 26, 2004
Mr. E. H. Dixon
Post Office Box 488
Maury, North Carolina 28554
Subject: Assessment Letter
E. H. Dixon Swine Farm # 2
File No. DV 03-036
Greene County
Dear Mr. Dixon:
Due to the confusion of delivery of the Assessment Letter dated 7-18-03, the Division recognizes that the
assessment document was not in your possession until February 24, 2004. The Division will acknowledge February
24, 2004, as the receipt date therefore you have 30 days from that day to do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Ms. Linda Fitzpatrick
NCDENR
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the
penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that
there are no factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement, which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied
to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Page Two
Case No. DV 03-036
Greene County
Feb. 26, 2004
Please submit this information to the attention of
Ms. Linda Fitzpatrick
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
OR
Submit a written request for an administrative Dearing:
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
Registered Agent
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days from February 24, 2004 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 me at [phone], ext. 31 S or Ms. Linda Fitzpatrick at [phone], ext.
526.
Sincerely,
,
Lyn . Hardison
Environmental Specialist
Washington Regional Office
Cc: .�O Files
Compliance /Enforcement File, attn : Linda Fitzpatrick
Central Files
Abh

R
COUNTY"OF GREENE
IN THE MATTER OF THE ASSESMENT OF CIVIL PENALTIES FOR
VIOLATION(S) OF NORTH CAROLINA GENERAL STATUTE(S) 143-215.1
TO: Sheriff, Greene County, North Carolina
YOU ARE HEREBY REQUESTED TO serve the attached documents in the above
entitled action to the individual listed below:
Mr. E.H Dixon
E.H. Dixon Swine Farm 42
Highway 903 West
Post Office Box 488
Maury, North Carolina 28554
This the Third day of October, 2003
Lyn Hardison
Environmental Specialist
Division of Water Quality
North Carolina Department of Environment and Natural Resources
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
Nov 1 2 2003
DWQ-WARD
RETURN OF SERVICE
I certify that this Notice of Service was received on the 1 day of aj-, 2003
at the following place:
4W &�03 r�
(fill in addresg where copy was delivered or left)
BY:
delivering copies to him personally
leaving copies with who is a person of a
suitable age and discretion and who resides in the named individual's dwelling or place
of business.
Fee: LeI o?". 1A , Sheriff
Paid: Carolina
By: By: , Deputy
Date: OJ3

_..
�pF WA%qQ
Michael F. Easley, Governor
�O G William G. Ross Jr., Secretary
[rybua North Carolina Department of Environment and Natural Resources
7 -i Alan W. IQimek, P.E., Director
0 < Division of Water Quality
October 3, 2003
Mr. Lemmie Smith
Greene County Sheriff's Department
301 North Green
Snow Hill, North Carolina 28580
RE: Service of Document Upon Mr. E.H. Dixon
Dear Sheriff Smith:
As our Department has been unable to serve documents upon Mr. Dixon, we would
greatly appreciate utilizing the Greene County Sheriff's Department to do so. The only address
the Department has for Mr. Dixon is as follows:
Mr. E.H. Dixon
Highway 903 West
Post Office Box 488
Maury, North Carolina 28554
Enclosed are three (3) letters, the original and one (1) copy of the Notice of Service.
Please return the original of the completed Notice of Service to the address listed at the bottom
of this letter as soon as possible. Should any fees be required for this service, please submit a
bill to:
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, `forth Carolina 27699 161.7
Thank you very much for your assistance in this matter. Should you have any questions
or problems, you can contact me at 252-946-6481, ext. 318.
ZSin el, -
aridsion
Environmental Specialist
Washington Regional Office
LH:pp
Enclosure
943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]

O�O�, W A r�RQG
r
—i
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
E. H. Dixon
E.H. Dixon Swine Farm
PO Box 488
Maury NC 28554
Dear Mr. Dixon:
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
July 18, 2003 FICIE(CEgV,, JJ�_�
JUL 2 F 2003
DWQ-WARO
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
E. H. Dixon Swine Farm
Greene County
File No. DV 03-036
AWG100000
This letter transmits notice of a civil penalty assessed against E. H. Dixon Swine Farm #2 in the
amount of 55779.96,. including $779.96 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 vioIation(s).
Please submit payment to the attention of:
Ms. Linda Fitzpatrick
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
QR
A
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1517 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled / 1095 past -consumer paper
http://h2o. enr. state.nc. us

2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 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:
Linda Fitzpatrick
DENR
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 Ietter, 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
Reaistered Agent
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-160I

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 Linda Fitzpatrick at [phone], extension 526.
Sincerely,
Jeff Poupart
ATTACIDvMNTS
cc:'AKORegiona1;SuperYisor_wl_attachments-3?
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling $ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated , 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
ADDRESS
TELEPHONE
SIGNATURE
,20

STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF
E. H Dixon
Dixon Farm # 2
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 03-036
}
FINDINGS AND DECISION
AND ASSESSMENTS 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, Jeff
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. E. H. Dixon Swine Farm # 2 is a corporation organized and existing under the
laws of the State of North Carolina.
B. E. H. Dixon owns and operates E. H. Dixon Swine Farm # 2, a
permitted/certified swine animal feeding operation in Greene County.
C. Mr. E. H. Dixon was issued Certificate of Coverage AWS400141 under General
Permit AWG 100000 for E. H. Dixon Swine Farm # 2 on June 26, 1998, effective
June 26, 1998, with an expiration date of April 30, 2003. This permit does not
allow the discharge of waste to waters of the State.
D. Condition 11.1. of the permit requires the collection, treatment, and storage
facilities, and land application equipment and fields to be maintained at all times
and properly operated.
E. On March 27, 2003, DWQ staff observed a discharge of wastewater from an area
with ponding wastewater adjacent to a leaking aluminum pipe into the UT to
Sandy Run.
F. On March 27, 2003, DWQ staff observed a discharge of wastewater from the
spray field by way of runoff into the UT to Sandy Run.
G. The UT to Sandy Run, which is classified as Class C-Swamp NSW waters of the
State within the Neuse River Basin.
H. Mr. E. H. Dixon does not have a valid permit for the above -described discharge.
I. The cost to the State of the enforcement procedures in this matter totaled
779.96.

Based upon the above Findings of Facts, I make the following:
II_ CONCLUSIONS OF LAW:
A. E. H. Dixon is a "person" within the meaning of G. S. 143-215.6A pursuant to G.
S. 143-212(4).
B. UT to Sandy Run 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 discharges constitute 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. Failure to properly maintain the land application equipment constitutes a
violation of Condition II. 1 of the permit.
E. Mr. E. H. Dixon 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 that 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.
F. The State's enforcement costs in this matter may be assessed against Mr. E. H.
Dixon pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.I(b)(8).
G. 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. E. H. Dixon, owner of E. H. Dixon Swine Farm # 2 Farm is hereby
assessed a civil penalty of:.
$ For i of 2 violations for making an outlet to the waters of the
State without a permit as required by G. S. 143-215.1.
For _— of 1 violation for failing to properly maintain the land
application equipment as required by Condition H.I of the permit
$ 0v TOTAL CIVIL PENALTY
$ 779.96 Enforcement costs
$%7y TOTAL AMOUNT DUE

As required by G. S. 143-215.6A©, in determining the amount of the penalty I have considered
the factors listed in G. S. 143B-282.I (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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
(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.
17 ��l
(Date) OPoupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

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
October 3, 2003
Mr. Lemmie Smith
Greene County Sheriffs Department
301 North Green
Snow Hill, North Carolina 28580
RE: Service of Document Upon Mr. E.H. Dixon
Dear Sheriff Smith:
As our Department has been unable to serve documents upon Mr. Dixon, we would
greatly appreciate utilizing the Greene County Sheriffs Department to do so. The only address
the Department has for Mr. Dixon is as follows:
Mr. E.H. Dixon
Highway 903 West
Post Office Box 488
Maury, North Carolina 28554
Enclosed are three (3) letters, the original and one (1) copy of the Notice of Service.
Please return the original of the completed Notice of Service to the address listed at the bottom
of this letter as soon as possible. Should any fees be required for this service, please submit a
bill to:
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699 1617
Thank you very much for your assistance in this matter. Should you have any questions
or problems, you can contact me at 252-946-6481, ext. 318.
Sinn rely, -
aridsion
Environmental Specialist
Washington Regional Office
LH:pp
Enclosure
943 Washington Square Mail Washington, N.C. 27889 Telephone [phone] FAX [phone]

luuReport to: WATER QUALITY SECTION Page of 1
NC DENR/DWQ LABORATORY (cheep one):
CHAIN OF CUSTODY (COC) RECORD
CENTRAL 11 ARO (1 WaRO
For Investigation of- 11
— 1,1
`t
Sample collector (print name)
and DM-1 forms completed by:
s1 c S Sample collator's signature:
Field storage conditions and location (when applicable):
Lab Use Only
LAB
STATION NO.
STATION LOfCAT10N
DATE
SAMPLED
TIME
SAMPLED
NUMBER
OF
CONTAINERS
/NO.
dT Juse
D3 oc?1
t IW
Y -"-4v e-0—
a { -)
14 %Z
1
ti:
63
r tr cA ot-a'-;--
ot
14;�
t
A on
Ill
1
Relinquished
-
Date
30�
Timc
6
R ivcd by (signa
to
5D3
rrte
Relinquis graturc):
Date
Time
Received by (signature):
I)atef
Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment circie one):
Hand -delivered Federal uress UPS Other.
Security Type and Conditions:
Sealed by-
t ,y
by
FNTRAT.AlanRATARV V1iAFN nTi rnCTnnv _ Tab ruse oniv
LAB NUMBERS
FROM THROUGH
NUMBER
BOTTLES
ANALYSES
REQUESTED
RELINQUISHED
BY:.
RECEIVED
BY:
DATE
T AE
to
w(aoj 3
C/ 2S lw%
QA\FormsLSample Receiving=C farm WQ 4/10/01dbs

DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
0 SAMPLETYPE
COUNTY GREENE
PRIORITY
RIVER BASIN:
AMBIENT QA
STREAM
EFFLUENT
REPORTTO WARO Regional Office
COMPLIANCE Ej CHAIN OF CUSTODY _
LAKE
INFLUENT
Other
EMERGENCY VISIT ID
ESTUARY
COLLECTOR(S) : L HARDISON
01
lab Number 3W6071
Dale Received: 9/25/2003
Time, Received : 9:10 AM
Received By r DS
Taed : j
Date Reported : 101162003
Estimated ROD Range: Siatima I,acation; PTOI: DISCHARGE
Seed: Chlorinated: Remarks:
Station # Date Begin (yylmtnldd) Date End (yy/mm/dd) Time Begin Time End I Deplh - Del, DB, DBM Value Type - A. 11, L Composite-T, S, B I Sample Type
01 20030917 1 1405
BOD310 m /L
COD Hi h340 mE/1,
COD Low 335 In/I.
Cal iform: MF Fecal 31616 100ml
Col iform: MF Total 31504 100ml
Coliform: tube Fecal 31615 100ml
Coliform: Fecal Stre 31673 100m1
Residue: Total 500 m L
Volatile 505 m g/ L
Fixed 510 mg/L
Residue: Suspended 530 m L
Volatile 533 m L
Fixed 540 mg/L
H 403 units
Acidi • tD H 4.5 436 m /L
Aciditv to pH 8.3435 m • L
Alkalinity to pH &3 415 mg/ 1.
Alkalinity to p H 4.5 410 m /L
TOC 680 m / L
Turbidih• 76 NTU
Coliform Total Tube '/100 mis
CONIMENT'S :
Chloridu9.10 m /L
Chla;Tri32217 u /L
Chl a: Carr 32209 u L
Phen l vtin a 32213 u L
Color: True 80 C.U.
Color: H 53 H- C.U.
Color. QH 7.6 82 C.u.
Cyanide 720 m L
Fluoride 951 m L
Formaldehyde 71880 m L
Grease and Oils 556 m L
Idardness Total 9W m L
Specific Cnnd. 95 umhos/cm2
MBAS38260 m /L
Phenuls32710 u /L
Sulfate945 m L
Sulfide745 m /L
Boron
Tannin & Li nin u L
HexavalentChromium u /L
Bicarbonate m /L
Carbonate m /L
X
NH3 as N 610
290
m L
X
TKN an N 625
30C
m L
X
NO2 plus NO3 as N 630
3.8
m L
X
P: Total as P 665
33
m L
1104 as P 70507
m L
P: Dissolved as P 666
m L
K-PDtassium
m L
Cd- Cadmium 1027
u L
Cr-Chromium:Total 10.14
u /L
C- Copper 1042
ug4L
Ni-Nickel 1067
u /L
Pb- I pad 1051
u 1-
Zn- Zinc 1092
u ,,/ L
V-Vanadium
u L
A - Silver 1077
u g/L
Ak Aluminum 1105
u L
Be- Bervllium 1012
u L
Ca- Calcium 916
m /L
Co -Cobalt 1037
u /L
Fe- Iron 1045
u /l.
OCT 2 3 2003
DWQ-WARD
Li -Lithium 1132 u L
Mr,- Ma mesium 927 m L
Mn-Manganese 1055 u L
Na. Sodium 929 m L
Arsenic:Total 1002 u L
Se- Selenium I147 u L
H- Mercury 7I900 u L
Ba_Barium u L
Or anochlorine Pesticides
Or ano hos horus Pesticides
Acid Herbicides
Basel Neutral&Acid Extractable Organics
TPH Diesel Range
Par eable Or nnics(VOA bottler 'd
TPH Gasoline Range
TPH BTEX Gasoline Range
Phyla lankton

DIVISION OF WATER QUALITY WAT1 R ALITY -L (DMI)
COUNTY 'J_ t Y E
RIVER BASIN tje-❑ AMBICNI' ❑ STREAM ❑ EFFLUENT
REPORT TO: ARO FRO MRO RRO V&@),,,EViRO WSRO TS
AT BM
Olhcr
Shipped by: Bus, r StafT, Other _ A
COLLCCTOR{Sl: Lt�k'TII_�SE}r—
Estimated BOD Range: 0-5/5.25/25-65/40.130 or 100 plus
Sccd: Ycs ❑ NO ❑ Chlorinated: Yes ❑ No ❑
❑ COMPLIANCE ❑ LAKE ❑ INFLUENT
❑ EMERGENCY ESTUARY
STATION LOCATION:
REMARKS: 40 ^ i +
V1.1, 11.. WHIT V
Lab Number:
1
1
Date Received:
Time:'.
Rec'd by:
DATA ENTRY BY:
Prom: Bu -Courier land Del.
CK:
DATE REPORTED:
Station 0 Date Bcgin(yy/mm/dd) ITimel3ogin Date End Time End Depth DM DB DBM Value Type Composite SarTle Type
01 1031691- c-7 1 ! 405 I I I I I I A H L I T S a I C G GNXX
I
GODS 310 mg/L
2
COD High 340 mg/L
3
COI) Low 335 mg/L
4
Coliform; MFFecal 316M /100ml
5
Coliform: MFTotai 31504 /loom[
6
Coliform; Tuts Fecat 31615 11ooml
7
Caliform: Fecal Sircp 31673 /loom]
8
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
1 I
Residue; Suspended 530 mg/L
12
Volatile 535 mg/L
l3
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg1L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chi a 70953 pg/L
Color: True 80 Pt -Co
Color;(pli ) 83 ADMI
Color:plr 7.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg1L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Phenols 32730 pg1L
Sulfate 945 mg/L
Sulf1de 745 mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 14g1L
Cr-Chromium;Total 1034 µg/L
Cu-Copper 1042 pg/L
Ni-Nickel 1067 p 91L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silver 1077 µg/L
Al -Aluminum H05 pg/L
Be-l3eryliium 1012 pg/L
Ca -Calcium 916 mg/L
Co -Cobalt 1037 pg/L
Fe -Iron 1045 pg/L
Li -Lithium 1132 pg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg L
Na-Sodium 929 mg/L
Arscnic:Total 1002 pg/L
Se•Seknium 1147 pg/L
Hg-Mercury 71900 µg/L
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
BasetNeutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle mq d)
Phytoptankton
Lab use Only
Tem erature ott arrival:
Sarnpling Point %
Conductance at 251C
Water Temperature °C
D.O. mRIL
H
Alkalinity
Acidity
Air Tc emture'C
PH 8.3 pH4.5
iR4.5 pH 8.3
2
94
0
300
400
32244 431
32243 82242
20
Salinity 9ts
Precipitation (in/day)
Clod Cover%
Wind Direction (Deg)
Stream Flow Sevcriry
Turbidity Severity
11350
wind Vdociry
I Mean Stream Depth f>.
Steam Width R.
80
45
32
36
1351
35
64
4

.a_
])[VISION OF WATER QUALITY
Chemistry Lohoratory Report / Water Quality
.W� SAMPLE TYPE
COUNTY GRFENE PRIQRITY
RIVER BASIN: AMBIENT E] QA STREAM EFFLUENT
REPORT'ro WARO Regional Office F-1 COMPI.IAN& CI [AIN OF CUSTODY ❑ LAKr INFLUENT
Other EMERGENCY V[SIT L❑ ESTUARY
COLLECTOR(S1 : LHARDISON 02
Lab Number 3W6072
Date Received : 9/25/2003
Time Received : 9:10 AM
Received By DS
Da�sed : J
Date Reported: 10116/2003
Estimated DOD Range. Station L.ueatiou: DOWNSTREAM
Seed: Chiorinated: Remarks:
Station q Date Begin (y}lmmldd) Dale Find (yylmmlddl Time Begin Time End Depth - DM, DB, DB11I Value Type - A, 11, L Compusile-T, S, B I Sample Type
02 20010917 1 1 1412
BOD 310 m L
COO Hi h340 m+ L
COD Low 335 m 1,
Coliform: MF Fecal-31616 Ioom1
Coliform: MFTotal 31504 loom[
Coliform: tube Fecal 31615 loom[
Cnliform: Fecal Skre 31673 100ml
Residue: Total 500 m + [.
Volatile 5U5 m • L
Fixed 510 m+ L
Residue: Suspended 530 m4lL
Volatile535 m+ L
Fixed 540 m, L
H 401 units
Acidity to pH 43 436 MN / L
Acidity to PHK3435 m./L
Alkalinity to pH8.3415 rugjl-
Alkalinity to pH4.5410 m /I.
TOC 680 m /L
Turbidit 76 NTU
Coliform Total Tube " 100 mis!
COMMENTS :
Chloride 940 m /L
Chi a: Tri 32217 u L
Chl a: Corr 32201) ogIL
Pheo hvtin a 32-11.1 u L
Color: True 80 c.u.
Color: H $3 PH. c.u.
Color: PH 7.6 82 c.u.
Cvanide 720 m g/ i.
Fluoride 951 mg4l,
Formaldchvde 71880 mg4L
Grease and Oils 556 m&IL
Hardness Total 9(k1 m L
S ccific Cond, 95 umhos cm2
MBAS 38260 m g/ L
Phenals32730 u /L
Sulfate945 mg4L
Sulfide745 m+ L
Boron
Tannin Zr Li gnin u + L
HexavalentChrnmium u L
Bicarbonate m L
Carbonate m L
X
NH3 asN610
110
m L
X
TKN an N 625
110
mg/L,
X
NO2 PIVS NO3 as N 630
0.12
m /L
X
P: Total as P 665
16
m JL
PO4 as P 7US07
m / L
P: Dissolved as P 666
m L
K-Potassium
m /L
Cd-Cadmiurn 1027
u /L
Cfihromium,,Totai 1034
u L
Cu- Copper 1042
u /L
Ni-Nickel1067
u /L
Pb- Lead 1051
u L
Zn- zinc 1092
u /L
V-Vanadium
u /L
A -Silver 1077
u L
Al- Aluminum 1305
u /L
Bc- Beryllium 1012
u /L
Ca- Calcium 916
m /L
Co- Cobalt 1037
u /L
Fe- Iron 1015
u /L
OCT 2 3 2003
DWQ-WARD
Li -Lithium 1132 u L
Mg- Ma iesium 927 m L
Mn-Manganese 1055 u L
Na-Sodium 929 m L
Arsenic:Tota11002 u /L
So- Selenium 1147 u L
H-Mercurv71900 u L
Ba_barium u L
Or ancehlorine Pesticides
Or ano hos horns Pesticides
Acid Herbicides
Base Neutral&Acid Extractable Organics
TPH Dim[ Range
Pur geable Organics(VOA bottler 'd
TPH Gass0line Ran e
TPH/BT ,X Gasoline Range
Phvto lankton
3

DIVISION OF WATER QUALITY WAFER QUALITY FIELD -LAB FORM (DMI) For Lab Use ONLY
COUNTY e- PRIORITY SAMPLETYPE Dz_
RIVERBASIN NPAr CO
❑ AMBIENT ❑ S-T]{EAM ❑EFFLUENT
REPORT TO: ARU FRO MRO RRO V(& WiRO WSRO TS
AT BM ❑ COMPLIANCE ❑ LAKE ❑ INFLUENT
Other
Shipped by: Bus, a ',Starr,Othcr ❑ EMERGENCY I ❑ ESTUARY
Lab Number: �]
.
Date Rccei
Time. ,:
Reed b
DATA ENTRY BY:
From: Bu -Coune Hand Del.
CK:
DATE REPORTED:
COLLECTOR( ): L_ga r.kt
Estimated BOD Range; 0-5/5.25/25-65/40.130 or 100 plus STATION LOCATION: & [) LC)
Seed: Yes❑ No❑ Chlorinated: Yes❑ No El
REMARKS: _(� O ,.' t_
Station p Date Begin (yy/mm/dd) Time Begin date End Time `End Depih DM DB DBM Value Type Composite Sample Type
0` 03 0 17 t `l j Z— A H L T S B C G GNXX
t
BOD5 310 mg/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
Cafirorm: MFFeeal 31616 /IOOml
5
Coliform MFTotal 31504 /IOOmI
6
Col iform Tube Fecal31615 /IOOml
7
COlifVFrrc Fecal Strop 31673 /100m1
8
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
II
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
I S
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 3.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chi a 79953 pg/L
Color: True 80 Pt -Co
Color.(pll ) 83 ADM
ColorpH 7.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total90D mg/L
Specific Cond.95
MBAS 39260 mg/L
Pheno Is 32730 p g/L
Sulfate 945 mg/L
Sul ride 745 mg/L
NH3 as N 610 mg/L
TKN as N 623 mg/L
NO2 plus NO3 as N 630 mg/L
,,e
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium t027 µ8/L
Cr-Chramium;Total 1034 pg/L
Cyr -Copper IO42 µg/t-
Ni-Nickel 1067 pg/L
Pb-Lead 1051 ILEX
Zn-Zinc 1092 µgjL
Ag-Silver 1077 µg/L
Al -Aluminum 1105 pg/L
Be -Beryllium 1012 pg/L
Ca -Calcium 916 mg/L
Co -Cobalt i037 pg/L
Fc-Iran W45 pglL
Li-Lithlum 102 pg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg/L
Na-Sodium 929 mg/L
Ar3enie:Total 1002 pg/L
Se-Setenium 1147 µg/L
Hg-Mercury 71900 µg(L
Organochlorine Pesticides
Orgonophosphorus Pesticides
Acid Herbicides
Base)Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle req'd)
Phytoplankton
Lab Use Only
Tem eraturc on arrival:
`
Samp ling Point %
Conductance at 25T
Water Tem mture'C
D.O. mg/L
pH
Alkalinity
Acidity
Air Te rature °C
H8.3 pH 4.5
pH4.5 pH8.3
2
94
10
300
400
a2244 431
92243 82242
20
Salinity %a
Precipitation (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Sevcrily
Turbidity Severity
�1350
Wind Velocity
Mean Stream Depth It.
Stream Width ft.
80
5
2
6
1351
35
64
4

DIVISION OF WATER QUALITY
Chctnistn. Laburatonq Report I Water Quality
W� SAMPLE TYPE
COUNTY GRF,ENE
I'TUQRiTY
RIVER BASIN:
AMBIENT F--j QA
STREAM
EFFLUENT
REI'ORTTO WARO RegionalOf(ice
❑ COMPI,IANCE K] CHAINOFCUSTODY
LAXF.
INFLUENT
Other :
EMERGENCY VISITID
ESTUARY
COLLECTOR(S) : L HARD15ON
03
Lab Number : 3W6073
Date Received : 9/25/2003
Time Received: 9:10 AM
Received By ! DS
i l!
Data R eased 3C
Date Reported: 101t6/2003
Estimated BOD Range: Station Location: FURTHER DOWNSTREAM
Seed: Chlorinated: Remarks:
Statlan t! Date Begin (yybmn/dd) Date End (yyimmldd) Time Begin Time End Depth - DM, DR, DBA1 Value T) pe - A, It, L Composito-T, S, B Sample Type
03 200L"l7 1425
BOD 310 m • L
COD Hi h340 m /L
COD Low 335 m & / L
Coliform: MF Fecal 31616 100m1
Coliform: MF Total31504 41wml
Coliform: tube Fecal 31615 I00m1
Coliform: Fecal 5trep 31673 10pm1
Residue: Total 500 m /L
Volatile 503 m L
Fixed 510 m L
Residue: Suspended 530 rngtL
Volatile 535 m L
Fixed 540 m [,
H 403 units
Acidity to PH4.5436 m4/I,
Acidity to cH 8.3 435 m L
Alkalinity to PH 8.3 415 m L
L
Alkalinity to pH 4.5 410 MIA
TOC 680 m �/ L
Turbidity 76 NTU
Coliform Total Tube 1/11H) mis
COMMENTS:
Chloride 940 m g/L
Chi a: Tri 32217 u / L
Chi a: Carr 32209 u /L
Pheo hvtin a 32213 u L
Color: True 80 C.U.
Color. H 83 H- C.u.
Col,= PH 7.6 R2 C.v.
Cyanide 720 mg4 L
Fluoride 951 Mgj 1.
FormaldehvdC71880 m /L
Grease and Oils 556 m /L
Hardness Total 900 m L
Specific Cond. 95 umhos cm2
MBAS38260 mgtL
Phenols 32730 a /L
Sulfate945 m /L
Sulfide745 m L
Boron
Tannin & Li nin a /L
HezavalentChromium u rj L
8icarlxmatc rng4t,
Carbonate m /L
Y
NH3 as N 610
110
m /L
X
TKN an N 625
110
m /L
X
NO2 plus NO3 as N 630
0.10
m L
X
P: Total as P 665
14
m L
PO4 as P 70507
m L
P: Dissolved as P 666
m /L
K-Potassium
m L
Cd- Cadmium 1027
u /L
Cr-Chromium:Tota11034
u L
Cu-Co r1042
u /L
Ni-Nickell 1067
u /L
Pb- Lead1051
u L
Zn- Zinc 1092
u / L
V-Vanadium
u /L
A-5ilver1077
u I.
Al- Aluminum1105
u /L
Be- Beryllium 1012
u /L
Ca -Calcium 916
m /L
Co- Cobalt 1037
u /L
Fe-1ron1045
u /L
OcT 2 3 2003
D\NQ-1NARO
Li -Lithium 1132 u /L
Mg- Maesium927 m L
Mn-Manganese 1055 u L
Na- Sodium 929 m L
Arsenic:Total1p02 u /L
Se -Selenium 1147 u L
H - Mercury 71900 u L
Ba_Barium u /L
Or anochlorine Pesticides
Or ana hos horns PCStieide5
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Pur eable Or anics VOA bottler 'd
TPH Gasoline Range
TPH BTEX Gasoline Range
Phyto lankton
D�

DIVISION OF WATER QUALITY WATER QUFIELD-LAB I ) For Lab Use ONLY
COUNTY C Y-Q.QA�,Q. PWRITY SAMPLETYPC O�
RIVER BASIN N t:..1-t n;.L ❑ AMBIENT ❑ STREAM ❑ EFFLUENT
REPORT TO: APO FRO MRO RRO VO WiRO WSRO TS
AT BM p I h ❑ COMPLIANCE ❑ LAKE ❑ INFLUENT
Othcr L���
Shipped by: Bus,dizStaff,Other ❑ FMERG!'NCY I ❑ ESTUARY
Lab Number:
L O i
Date Received:
Time:
Rcc'd by:
DATA ENTRY BY:
From: Bus ou r- land DO.
CK:
DATE REPORTED:
COLLECI'OR(S): iL•Our�Q`►S��
Estimated BOO Range:0-5I5.25/25-65/40.130or100plus STATION LOCATION__
Sced: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
REMARKS: --
Station 0 Dale Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
03 1031091L � I I I A H L T S B I C G GNXX
I
BOD5 310 mg/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
Caliform: MF Fecal 31616 /100m1
5
Caliform:MFTotal 3L504 /100m1
6
Coliform: Tube Fecal 31615 /I oom]
7
Caliform: Fecal Strep 31673 ROOml
B
Residue: Total 500 mg/L
9
Volatile 503 mg/L
10
Fixed 5l0 mg/L
11
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
l3
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 m&IL
16
Acidity top" 9.3 435 mg/L
l7
Alkalinity to pH 113 4l5 mp/L
I8
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chi a 70953 pg/L
Color: True 80 Pt -Co
Color,(pH ) S3 ADMI
Color:pF17.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Pheriols 32730 gg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 µz1L
Cr-Chromium;Total 1034 pg/L
Cu-Copper1042 pg/L
Ni-Nickel 1 D67 p g/L
Pb-Lead 1051 µg/L
Zn-Zinc t092 µg(L
Ag-Silver 1077 µg/L
Al -Aluminum I105 µg/L
Bc-Beryllium 1012 µgJL
Ca -Calcium 916 mg/L
Co -Cobalt 1037 µgjL
Fe -Iron 1045 µg/L
Li -Lithium 1132 pg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 pg/L
Na-Sodium 929 mg/L
Arsenic:Total 1002 pg/L
Se -Selenium 1147 pg/L
Hg•Mercuty 71900 AWL,
Organochlorine Pesticides
Organophosphotus Pesticides
Acid Herbicides
BascfNeutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle mq'd)
Phyloplankton
Lab Use Only
Tem ernturc an arrival:
SunTing Point %
Conductance a(25°C
Water Tem rature°C
D.C.m L
PH
Alkalinity
Acidity
AirTe erature°C
H8.3 pH 4.5
pH4.5 pH8.3
2
94
0
300
400
82244 431
82243 82242
20
Salinity 96
Precipitation (in/day)
Claud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
11350
Wind Velocity
Mean Strcam Depth A.
Stream Width It
480
5
12
36
1351
35
64
4

North Carolina Department of Environment and
Natural Resources ffllwu
Washington Regional Office _ .... _
1Vlichael F. Easley, Governor "�� ,"'"""'��
William G. Ross Jr., Secretary NCDENR
July 7, 2003
To: " Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement Unit
G
Through: irn Mulligan, Water Quality Supervisor
Washington Regional Office
From: Lyn Hardison, Environmental Specialist
Washington Regional Office
Subject: Enforcement Package
E.'H Dixon Swine Farm # 2
Permit No. AWS400141
Greene County
Introduction:
E. H. Dixon Swine Farm # 2 Farm is owned and operated by Mr. E. H. Dixon. This facility, located at the
end of NCSR 1334 in Greene County, began operation in 1995. The facility has the capacity to raise
7680 feeder to finish swine and the overall design for this facility is 1,036,800 state live weight.
Report:
During flyover surveillance on March 27, 2003, Daphne Cullom and I observed saturated fields and areas
that appeared to have ponding water. An onsite compliance review was conducted the same day and
noted the following: 1) irrigation reel was operating but had malfunctioned (the gun cart was not moving),
2) several fields (pulls) were saturated, 3) ponding wastewater around the aluminum pipe (adjacent to
swine houses) due to leaking joints and a small hole and waste water was flowing into an unnamed
tributary to Sandy Run, 4) water was flowing off the field into an unnamed tributary to Sandy Run, 5)
there was no one onsite at the time of the inspection. Mr. Dixon was reached via telephone to inform him
of the situation. Mr. Dixon said he was unaware of the leaking pipe, runoff form the spray field or the
malfunction reel. Mr. Dixon came to the Regional office on March 31, 2003 with his records for review.
Mr. Dixon was advised to do the following: 1) check the GPM the irrigation equipment was operating at,
2) calibrate the system if need be, 3) collect a new waste sample and complete the irrigation records with
the new waste analysis, 4) repair the seals and/or small hole in the aluminum pipe, 5) contact the area
agronomist for field and crop evaluation and 6) mark the irrigation pulls per the irrigation design.
The Finding and Decisions and Assessment Factors are attached for review.
Conclusion:
Mr. E. H. Dixon, owner and operator of E. H Dixon Swine Farm # 2, is in violation of North Carolina
General Statue 143-215.1(a)(1) for allowing animal waste to discharge into waters of the State without a
permit.
Recommendations:
It is recommended that the appropriate civil penalties be assessed against this subject facility, E. H. Dixon
Swine Farm # 2 located in Greene County, owned and operated by Mr. E. H. Dixon.

DIVISION OF WATER QUALITY
ANIMAL OPERATIONS
ENFORCEMENT CASE REPORT
Section 1: General Information
1. Facility Name: E: H. Dixon Swine Farm 4 2
2. Facility or Permit No.: AWS400141
3. Party named.in assessment: E. H. Dixon
4. Address: P. 0. Box 488 NC 28554
5, Telephone No.: 252-747-5555 (W)
6. Location of Facility: At the end of NCSR 1334 in Greene County
7. Type of Operation: 7680 Feeder to Finish
8, Registered Agent (if applicable): N/A
9. Registered Agent Address (if applicable): N/A
10. Date(s) of noted violations. March 27, 2003
11. Receiving Stream and Classification (if applicable): UT to Sandy Run C-Swamp NSW
12. Regional Office: YLashinggn Regional Office
13. Report Prepared By: Lyn^Hardison
Section 11: Findings
Case Narrative: During flyover surveillance on March 27 2003. DW_O--W_ aR0 staff observed
saturated fields and areas that appeared to have ponding wastewater. The staff conducted an onsite
compliance review the same day and noted the following: 1) irrigation reel was operating but had
malfunctioned (the gun cart was not moving), 2) several_ fields -(pulls) were saturated-3) ponding
wastewater around the aluminum pipe (ad
iacent to swine houses) due to leaking joints and a small
hole and waste water was flowing into an unnamed tributary to Sandy Run. 4) water was flowing off
the field into an unnamed tdbu to o Sandy Run. 5) there was no one onsite at the time of the
inspection. Mr. Dixon was reached via telephone to inform him of the situation._ Mr. Dixon said he
was not aware of the leak hm pipe, runoff form the spray field or the malfunction reel. Mr. Dixon
came to the Regional office on March 31, 2003 with his records for review. W. Dixon was advised
to do the following: 1) check the GPM the irrigation equipment was operating at, 2) calibrate the
system if need be. 3) collect anew waste sample and complete the irrigation records with the new
waste analMis, 4) repair the seals and/or small hole in the aluminum Ripe, 5) contact the area
agronomist for field and crop evaluation and 6) mark the irrigation pulls per the irrigation design.
2. Farm and/or company compliance History: Mr. E.H. Dixon was assessed for failure to.apRlly for or to
secure a pernvt required by G. S. 143-215.1(a)(2) on May 28,1997.
Amount of Waste discharged (if applicable). If amount cannot be estimated, what is the estimated
rate of flow reaching surface waters: Unable to determine amount of wastewater discharged into UT
to Sandy Run.

4. Sample Results (if applicable) with locations of samples taken noted in relation to -discharge point:
March 27, 2003
Ammonia
TKN
Nitrates
Phosphorus
Biological
Fecal C oliform
NH3 as N
Oxygen
Demand
Upstream
1.3 mg/1
3.0
0.13
0.14 mg/l
4.0 mg/1
10 colonies/100
m
mgIq
ml
Point of Discharge
590 mg/l
690
0.36
53 mg/1
110 mg/1
238,000
(adjacent to the
mg/1
mg/l
colonies /100
aluminum a)
ml
Downstream
97 mgn
100
2.0 mg/1
7.9 mgII
52 mg/l
19,000 colonies
(adjacent to the
mg/1
/100 ml
s ra field
Downstream @ SR
7.4 mg/l
8.2
2.1 mg/1
0.61 mg/l
5.0 mg/1
10 colonies/100
1334
ml
5. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Mr. Dixon has
been cooDerative and maintained communication with the Regional office as he made improvements.
On the afternoon of March 27 2003, Mr. Dixon blocked the UT in order to contain and pump the
wastewater back to the lagoon. Mr. Dixon was able to numn all the water from the UT for several
days before unblocking the UT
6. Damage? Y/N If yes, include report from WRC: No
7. Mitigating Circumstances: None
8. Recommendations made to the owner/operator. Mr. Dixon was advised to do the -following: 1) check
the GPM the irrigation eauivment was operating at- 2) calibrate the system if need be. 3) collect a
new waste sample and com lete the irriggton records with the new waste anal is 4 air the seals
and/or Din hole in the aluminum Dive. 5) contact the area agronomist for field and crop evaluation and
6) mark the irrigation pulls per the irrigation clesi
9. Costs to the State for the enforcement procedures (Show Breakdown):
Total Staff Time
$251.52
L. Hardison 12 hours (includes 8 hrs on enforcement package)
D. Cu11om 4 hours
Central Office
$100.00
Travel Cost (80 miles @ 0.31)
$ 24.80
Laboratory Cost
$403.64
TOTAL
$779.96
10. Recommendations for further DWQ Action: None
11. Other Comments: Mr._ Dixon contacted the area agronomist and has followed the advice vrovided.
Areas where vegetation_ was sparse were re -sprigged with Bermuda grass the irrigation pulls were
e&L-a rated the gpm (fields and completed the irrigation records with the newest waste analysis.
As mentioned Mr. Dixon blocked the Unnamed idbIgM to Sggdy Run just down from his spray
fields and pumped the water in the UT back to his lagoon for several days before unblocking the UT.

Section III Assessment Factors required to be considered by G.S. 143B 282.1(b):
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: Animal waste has the potential to deplete dissolved oxvaen in
the affected water bodxto a Rgmt which is harmful to aquatic life. Waste water also contains
nutrients which have the potential_ to spawn algal growth to the point which is harmful to aquatic life.
Wastewater runoff from an area adjacent to the aluminum pipe and the spray field into an UT to
Sandy Run. UT to Sandy Run is in the Neuse River Basin.
2. The duration and gravity of the violation: The discharge is the result of ponding wastewater and land
aup._ I,6ng waste onto soil where the moisture was either at or above field capacity. Unable to
determine amount of wastewater discharged into UT to Sandy Run, which is in the Neuse River
Basin. - -
3. The effect on ground or surface quantity or quality: Samples were collected u stream from the
facility, at the point of discharge and downstream. The results are illustrated- in the following table:
March 27, 2.003
Ammonia.
TKN
Nitrates
Phosphorus
Biological
Fecal Coliform
NH3 as N
Oxygen
Demand
Upstream
1.3 mall
3.0
0.13
0.14 mall
4.0 mg/l
10 colonies/100
m
mWI
ml
Point of Discharge
590 mg/1
690
0.36
53 mg/i
110 mg/1
238,000
(adjacent to the
mg/1
mg/1
colonies /100
aluminum i
nil
Downstream
97 mall
100
2.0 mg/1
7.9 mg/1
52 mg/l
19,000 colonies
(adjacent to the
mg/1
/100 ml
spray field
Downstream @ SR
7.4 nrg/l
8.2
1
1 2.1 mg/l
0.61 mg/l
5.0 mg/l
10 colonies/100
I
1334
m9A
ml
4. The cost of rectifying the damage: The owner could had been better prepare by utilizing nail the spray
fields more efficientlwand supervised the irrigation event for its duration.
S. The amount of money save by noncompliance: Money is saved when better mama ement skills are
not implemented to improve overall management of the facility. environmentally and productively.
6. Whether the violation was committed willfully or intentional: No. Mr. Dixon mentioned that he was
unaware. of wastewater flowing off site and he acted quickly to contain and remove the wastewater
from the UT by pumping the -water back into the lagoon.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority: Mr. E.R Dixon has been
assessed for failing to apply for or to secure a permit required by G. S. 143-215.1(al(2) on May 28,
1997.
8. The cost to the State of the enforcement procedures
Total Staff Time
$251.52
Central Office
$100.00
Travel Cost (80 miles @ 0.31)
$ 24.80
Laboratory Cost
$403.64
TOTAL
$779.96

STATE OF NORTH CAROLINA
COUNTY OF Greene
IN THE MATTER OF
E- H Dixon
Dixon Farm # 2
FOR MAKING AN OUTLET TO THE WATERS
OF THE STATE OF
NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES /_
WI'LHOUT A PERMIT
} File No. DV
}
} FINDINGS AND DECISION
AND ASSESSMENTS OF
} CIVII. 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, Jeff 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. E. H. Dixon Swine Farm # 2 is a corporation organized and existing under the laws of the State of
North Carolina.
B. E. Ii Dixon owns and operates E. H. Dixon Swine Farm # 2, a permitted/certified swine animal
feeding operation in Greene County.
C. Mr. E. H. Dixon was issued Certificate of Coverage AWS400141 under General Permit AWG100000
for E. H. Dixon Swine Farm # 2 on June 26, 1998, effective June 26, 1998, with an expiration date of
April 30, 2003. This permit does not allow the discharge of waste to waters of the State
D. On March 27, 2003, DWQ staff observed a discharge of wastewater from an area with ponding
wastewater adjacent to aluminum pipe into UT to Sandy Run, which is classified as Class C-Swamp
NSW waters of the State within the Neuse River Basin-
E. On March 27, 2003, DWQ staff observed a discharge of wastewater from the spray field by way of
runoff into UT to Sandy Run, which is classified as Class C-Swamp NSW waters of the State within
the Neuse River Basin
F. Mr. E. H. Dixon does not have a valid permit for the above -described activity.
G. The cost to the State of the enforcement procedures in this matter totaled $ 779.96.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. E. H. Dixon is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-212(4).
B. UT to Sandy Run 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 discharges constitutes 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. Mr. E. K Dixon 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 that 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 Mr. E. H. Dixon pursuant to G. S.
143 -215.3 (aX9) and G. S. 143B282.I(b)(8).
F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Umt, 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 Facts and Conclusions of Law, I make the following:
DECISION:
Accordingly, Mr. E. H. Dixon, owner of E. R Dixon Swine Farm # 2 Farm is hereby assessed a civil
penalty of:
For malting an outlet to the waters of the State without a permit
as required by G. S. 143-215.1.
$ For making an outlet to the waters of the State without a permit
as required by G. S. 143-215.1.
TOTAL CIVIL PENALTY, which is percent of the
maximum penalty authorized by G. S. 143-215.6A.
$ 779.96 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G. S. 143-215.6A®, 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 quantity or quality,
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or intentional;
() 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.
(Date) Jeff Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

The following is the formula used to adjust for enforcement cost and the calculations completed
to determine total enforcement cost:
y
Investigators cost per hour = X = 0.0765X = 0.1083X = 144.60 * 12 = * % lon evi
2080
Number of investigators hours:
Total investigative cost based on hours:
Daphne Cullom — 4 hours
Lyn Hardison = 8 hours
Daphne Cullom = $ 82.32
Lyn Hardison — $169.20
Total Investigative Cost $251.52
The following is the calculated cost from the laboratory to be included in the total enforcement
cost:
Parameters
# of samples
Cost/sample
Total Cost
Tested
Fecal
4
$ 17.75
$ 71.00
coliform
Biological
4
$ 18.11
$ 72.44
Oxygen
Demand (5
da
Ammonia
4
$ 14.00
$ 56.00
as
Total
4
$ 16.39
$65.56
Kjeldahl
Nitrate plus
4
$ 18.37
$73.48
Nitrites as N
Phosphorus
4
$ 16.29
$ 65.16
Total Laboratory Cost
IS403.64

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Name: FARWMLLE Location: 035° 30' 18.5" N 077° 36 39.7" W
Date: 5/1/2003 Caption: E.H. Doran Swine Farm #2
Scale: 1 inch equals 2000 feet Facility No. 40-141
Greene County
Copyright (C) 1997, RUpteeh, Me.

R � J
Jg RECERVED
-iu
JUL 8 2003
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Michael F. Easley. Governor
'
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
—�
G`
Alan W. Klimek, P.E., Director
Division of Water Quality
May 29, 2003
Mr. Lemmie Smith
Greene County Sheriff s Department
301 North Green
Snow Hill, North Carolina 28580
RE: Service of Document Upon Mr. E.H. Dixon
Dear Sheriff Smith:
As our Department has been unable to serve documents upon Mr. Dixon, we would
greatly appreciate utilizing the Greene County Sheriffs Department to do so. The only address
the Department has for Mr. Dixon is as follows:
Mr. E.H. Dixon
Highway 903 West
Post Office Box 488
Maury, North Carolina 28554
Enclosed are three (3) letters, the original and one (1) copy of the Notice of Service.
Please return the original of the completed Notice of Service to the address listed at the bottom
of this letter as soon as possible. Should any fees be required for this service, please submit a
bill to:
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699 1617
Thank you very much for your assistance in this matter. Should you have any questions
or problems, you can contact me at 252-946-6481, ext. 321.
�cerely,
Daphne B. Cullom
Environmental Specialist
Washington Regional Office
DBC:pp
Enclosure
943 Washington square Mall Washington, N-C_ 27889 Telephone (252) 946-Ml FAX [phone]

r
COUNTY OF GREENE
IN THE MATTER OF THE NOTICE OF RECOMMENDATION OF ENFORCEMENT
15A NCAC Subchapter 15A .0217 and NCGS 143.215.1(a)
TO: Sheriff, Greene County, North Carolina
YOU ARE HEREBY REQUESTED TO serve the attached documents in the above
entitled action to the individual listed below:
Mr. E.H Dixon
E.H. Dixon Swine Farm #2
Highway 903 West
Post Office Box 488
Maury, North Carolina 28554
This the Twenty-ninth day of May, 2003
8.CL"H
Daphne B. Cullom
Environmental Specialist
Division of Water Quality
North Carolina Department of Environment and Natural Resources
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
RETURN OF SERVICE
1 certify that this Notice of Service was received on the day of
at the following place:
13A
Fee:
Paid:
By:
(fill in address where copy was delivered or left)
2003
delivering copies to hire personally
leaving copies with who is a person of a
suitable age and discretion and who resides in the named individual's dwelling or place
of business.
, Sheriff
Greene County North Carolina
Deputy
Date:

North Carolina Department of Environment
& Natural Resources
Washington Regional Office
Division of Water Quality
943 Washington Square Mall
Washington North Carolina 27889
r ,.r
Ih:}l
1;,rr i�1M1 r.
7002 0860 0004 3076 8854
C 14 DIXON
PO BOX 488
MAURY NC 28554
oc
S
Nr►iir,ll
❑ INSUFFICIENT ADDRESS
❑ ATTEMPTED NOT KNOWN OTHER "Tc
❑ NO SUCH NUMBER/ STREET
© NOT DELIVERABLE AS ADDRESSED
- UNABLE TO FORWARD '
I I ft If i i f l l if f f ft I! f f if II

Michael F. Easley
f Governor
� o r
William G. Ross Jr., Secretary
e —I Department of Environment and Natural Resources
Alan W. Klimek, P_E, Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7002 0860 0004 3076 8854
May 2, 2003
Mr. E. H. Dixon
PO Box 488
Maury, North Carolina 28554
RE: Notice of Recommendation of Enforcement
E. H. Dixon Swine Farm #2
Facility Number 40-141
Greene County
Dear Mr. Dixon:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns violations of
conditions in your Swine Waste Operation General Permit, Certified Animal Waste Management Plan, North Carolina Administrative
Code Subchapter 15A .0217 and North Carolina General Statute 143-215. 1 (a).
The referenced facility, E. FL Dixon Swine Farm #2, is located on NCSR 1334 approximately 1 mile from its intersection with
Hwy 123 in Greene County. On March 27, 2003 during a routine aerial survey, significant ponding water was noted on the spray fields of
the subject facility. Father, on March 27, 2003, Mrs. Daphne Cullom and Ms. Lyn Hardison of the Division of Water Quality conducted
an on site Compliance Inspection of the subject facility and observed the following:
1. Wastewater was observed in an unnamed tributary to Sandy Run of the Neese River Basin. Wastewater was spilling ow of
several locations along the aluminum pipe Ooints and small hole in the pipet ponding on the ground adjacent to the houses and
entering the adjacent unnamed tnixttary. Further, runoff was observed from the spray field into the same unnamed tributary due
to saturated fields and overapplic ation. The irrigation reel had malfimc tioned and the gun cart was not moving. This is a
violation of North Carolina General Statute 143-215.1(a)(1) for discharging animal waste into waters of the State without
a permit and violations of the conditions in your Swine Waste Operation General Permit•.
2. DWQ was not notified of the discharge resulting from the failure of the animal waste collection, treatment, storage and land
application system- This is a violation of condition 14 item 6 of your General Permit, for failing to report by telephone to
the appropriate Regional Office within 24 hours of first knowledge of the aforementioned violation.
3. Irrigation was occurring at the time of the compliance inspection and the spray field was saturated with standing water. This
is a violation of condition II, item 4 of the General Permit for it is a requirement that land application rates shall be in
accordance with the CAWMP and in no rase shall land application rates exceed the Plant Available Nitrogen rate for the
receiving crop or result in runoff during any given application.
4. The conditions of the spray fields are unacceptable- There is a poor stand of Coastal Bermuda in many areas with ponding
water. These areas should not be irrigated until adequate vegetative cover is established, specifically the fields adjacent to the
farm path_ There is an abundant amount of weeds in all zones of the receiving crop; therefore weed management is needed in all
zones of the receiving crop. This is a violation of condition M item 2 of your General Permit, a vegetative cover shall be
maintained on all land application fields and buffers in accordance with the CAWNT. Please contact your Technical
Specialist or the Area Agronomist for assistance.
5. The findings of the compliance inspection revealed that the owner and/or Operator -in -Charge failed to effectively maintain
and operate this facility as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or
ditches.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Page Two
E. H. Dixon Swine Farm 42
Fac. 40-141
Please provide this office with an explanation of the violations along with corrective action and/or any new practices/procedures
that will be implemented onsite to prevent further such violations from occurring in the future within five (5) working days from receipt of
this Notice to:
W. Jim Mulligan
Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration.
Please be advised that any violation of the terms and conditions specified in your Certificate of Coverage (COC), the General
Permit or the CAWMP may result in the revocation ofyour COC, or penalties in accordance with the North Carolina General Statute 143-
215.6A through 143-215.6C including civil penalties, c iminal penalties and injunctive relief
If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 212 or Lyn Hardsion at ext. 318.
Sincerely,
J Mulligan
ater Quality Regional Supervisor
cc: Greene County Soil and Water Co®servation District
Premium Standard Farms
NCDWQ-GW-WaRO
NCDSWC-WaRO w/out attachments
Non -Discharge Compliance Unit w/out aitarhments
WQ Central Files
-W-aRO
LBH Files

Division of Water Quality
O Dh ision of Soil and Water Conservation
O Other Agency
Type of Visit OO Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine Q Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access
Darr of,%1-dr: 03-27-2W3 Time: 1430
Faciliq Number 40 ]41
It
Q Not Operational 0 Below Threshold
Permitted B Certified Li Conditionally- Certified = Registered Date Last Operated or Above Threshold: ............
Farm Name: E.. D.itd�9ta.5tet7ttc Eat7n0.r'K_._._._...._._.. _ County
_..... ---................. xte...................... WABQ.......
Owner Name: Phone No: (,25,21.I4M555..... ......_.
MailingAddress: P0-Bei-48K.-........ ---,........... ....... -----_....... -.... ----.......... Haury..NC ............................................................ Z855.4 .............
Facility Contact: Title: .. Phone No:
Onsite Representative: xQtte__ ___ _.-----. Integrator: P-reniiU l.S1a dardJ at7tgS AlNar&...........
Certified Operator: fjbe,><kn... ._.._...... T..._ . Dixim....._............. ...... - ...... _....... ... Operator Certification Number:1&19,7 .............................
Location of Farm:
;Take 123 from Maury to Liazie, left on 1334 AL
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude i 35 ' • 29 22 Longitude 77 • ' 36 3
. Design Current
Swine Canacity Ponulation
❑ Wean to Feeder
® Feeder to Finish
7680
6184
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Laver ❑ Dairy
❑ Non -Laver JE1 Non -Dairy
❑ Other
Total Design Capacity_ 7,680
Total SSLW 1,036,800
Number of Lagoons C� ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Find Area
Holding Ponds / Solid Traps- ❑ No Liquid Waste Management System
Diccharitcs S: Srrcam Impacts
1. Is any discharge observed from any part of the operation?
- ®Yes ❑ No
Discharge originated at: ❑ Lagoon ® Spray Field ® Other
a. If discharge is observed, n°as the conveyance man-made•? ❑Yes ®No
b. 1f dischargc is ohsen cd. did it reach R'atcr of the State'' 01'yes. notify DIA,Q) ®Yes ❑ No
c. If di:tihargc is obsen-ed- what is the e,timatcd flow in aalimin? 7500 nil/min
d. Does discharge by pa;; a lagoon systein? (if ycs. notify DWQ) ❑ Yes X' No
2. Is there evidence of past discharge from any pail of the operation? ❑ Yes Ci No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Cl Yes X. No
Wac€e Culiectirin & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ SpillW av ❑ Yes [K No
Structure I Structure 2 Stnicture ? Structure 4 Structure 5 Structure 6
Identifier:
Freeboard (inches): . U .

.1
fj & f UPntin "e
Facilitv Number: 40— t.tt Bata• v` 03-27-2003
5. Are there anv immediate threats to the integrity of any of the structures observed? (ie/ trees. severe erosion. ❑ Yes g 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 9, 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 maintenance/nprovement? ® Yes ❑ No
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
No
Waste Application
10. Are there any buffers that need maintenance/improvement?
❑ Yes
®No
11. Is there evidence of over application? ® Excessive Ponding ❑ PAN ® Hydraulic Overload
® Yes
❑ No
12. Crop type Coastal Bermuda (Hay) Small Gram Overseed
13. Do the receh ing crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
9 No
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
0 No
15. Does the receiving crop need improvement?
® Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
® No
Reouired Records & Dovurnentc
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?
(ie/ WUP. checklists, design. maps, etc.) ❑ Yes ® No
19. Does record keeping need improvement? (ie/ irrigation4 freeboard. waste anah sis & soil sample reports) ® Yes ❑ No
20. Is facilih, 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 situatious 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 facilit�' 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
113 No violations or deficiencies were noted during this visit.. You will receive no further correspondence about this visit.
Co_mmente (refer to question Ezplam anyYErS"answers andfor any reeontmendatrons oany othei6ni eats. 4 _
Use drawings of factlity #o better ezplam shoe io* (teas additional pages as Qeoessary). n Field Conv I-l�Final Notes
During a flyover, DWQ decided to conduct a compliance inspection.
q 25 - Irrigation reel was operating and the field appeared saturated.
4 7- Wastewater was spilling out of several locations along the aluminum pipe (joints and small hole in pipe), adjacent to
the houses. # 1 - Wastewater had ponded on the ground and flowed into a unnamed tributary.
4 1 & # 1 l - Runoff was observed from the spray field into the same tributary due to saturated fields and/or
averapplication. # 7 - The irrigation reel had malfitnctioned and the glut cart was not moving.
Photos and samples were taken.
1W
Reviewer/Inspector Name Daphne B. Cullom' Lyn B- Hardison—
Reviewer/Inspector Sienatu Date:

V
05103101 Continued
Facility- Number. 40-141 Dare of ]n.[yeCFion I}3-27-24H}3
Odur Issues
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 properl -within 24 hours?
28. 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, -zystem 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 permanenthemporary cover?
Additional omments an or rawmgs. _ _ = r . _...- _
Yes ❑ No
❑ Yes No
❑ Yes ® No
❑ Yes 19 No
❑ Yes ® No
❑ Yes :i No
❑ Yes ❑ No
ie records were review on 3-31-2003 at the regional office.
A analysis 3-21-02 available - soil samples taken in the fall of 2002.
aste analysis - 1-18-02 = 1-2 lbs, 6-5-02 = 2.7 lbs, 9-13-02 = 2.2 lbs, l-17-03 = 2.4 lbs, awaiting next results
19 - Irrigation records - IRR 2 should be completed w/ the nitrogen balance for coastal crop 2002 and small grain
15 - there are several areas in the spray field that does not appear to have much vegetation
:ed to do the following - 1) Check the GPM of irrigation equipment and may need to calibrate the system. 2) Get
w waste analysis & complete all irrigation records w/ a current nitrogen balance- 3) repair the seals/etc. of the
iminum pipe- 4) contact the area agronomist for evaluation of the receiving crops.
Mark the irrigation pulls per the irrigation design.
22 - unaware of the runoff from the spray field or the area adjacent to the houses until notified by DWQ.
pril 16, 2003
-ryortd inspection to re -check of records, etc, as mentioned during the inspectton on 3-3 l -03.
he irrgiation gun has a 0.7" ring in place however it can be changed out to 0.94" ring.
is suggested to used the smaller ring size in the faWwinter months.
Area Agronomist conducted an evaluation of the crops on 44-03 and determined that 3 pulls (2,3 & 8) will need
be resprigged this spring. Continue to following the Agronomist recommendations.
1e lagoon levels are recorded weekly.
Ygation records have been recalculated to include the nitrogen balance.
urittg this re -check the irrigation records were set-up on the Excel spreadsheet.
ie freebaord levels was noted to be 22"
an to re -sprig pulls 2, 3 & 8 this spring. The grounds are being prepared (plowed, etc.)
there are any other places that need re -sprigging, it is recommended to do so.
-ed to cut and bale the small grain as soon as conditions pernut.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7002 0860 0004 3076 8854
May 2, 2003
Mr. E. H. Dixon
PO Box 488
Maury, North Carolina 28554
RE: Notice of Recommendation of Enforcement
E. H. Dixon Swine Farm #2
Facility Number 40-141
Greene County
Dear Mr_ Dixon:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Ktimek, P.E. Director
Division of Water Quality
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns violations of
conditions in your Swine Waste Operation General Permit, Certified Animal Waste Management Plan, North Carolina Administrative
Code Sube hhapter 15A .0217 and North Carolina General Statute 143 215-1(a).
The referenced facility, E. H Dixon Swine Farm #2, is located on NCSR 1334 approximately I mile from its intersection with
Hwy 123 in Greene County. On March 27, 2003 during a routine aerial survey, significant ponding water was noted m the spray fields of
the subject facility. Further, on March 27, 2003, Mrs. Daphne Cullom and Ms. Lyn Hardison of the Division of Water Quality conducted
an on site Compliance Inspection of the subject facility and observed the following:
1. Wastewater was observed in an unnamed tributary to Sandy Run ofthe Neuse River Basin. Wastewater was spilling out of
several locutions along the aluminum pipe Goints and small hole in the pipe), ponding on the ground adjacent to the houses and
entering the adjacent unnamed tn1utary. Further, runoff was observed from the spray field into the same unnamed tributary due
to saturated fields and overdpplication. The irrigation reel had malfimctioned and the gun cart was not moving. Ibis is a
violation of North Carolina General Statute 143-215.1(axl) for discharging animal waste into waters of the State without
a permit and violations of the conditions in your Swine Waste Operation General Permit.
2. DWQ was not notified of the discharge resulting from the failure of the animal waste collection, treatment, storage and land
application system. This is a violation of condition IM item 6 of your General Permit, for failing to report by telephone to
the appropriate Regional Office within 24 hours of first knowledge of the aforementioned violation.
3. irrigation was occurring at the time of the compliance inspection and the spray field was saturated with standing water- This
is a violation of condition II, item 4 of the General Permit for it is a requirement that land application rates shall be in
accordance with the CAWMP and in no case shall land application rates exceed the Plant Available Nitrogen rate for the
receiving crop or result in runoff during any given application.
4. The conditions of the spray fields are unacceptable. There is a poor stand of Coastal Bermuda in many areas with ponding
water. These areas should not be irrigated until adequate vegetative cover is established, specifically the fields adjacent to the
farm path. There is an abundant amount of weeds in all zones of the receiving crop; therefore.weed management is needed in all
zones of the receiving crop. This is a violation of condition A item 2 of your General Permit, a vegetative cover shall be
maintained on all land application fields and buffers in accordance with the CAWMP. Please contact your Technical
Specialist or the Area Agronomist for assistance.
5. The findings of the compliance inspection revealed that the owner and/or Operator -in -Charge failed to effectively maintain
and operate this facility as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or
ditches.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Bert Dixon
Subject: Bert Dixon
Date: Tue, 08 Apr 2003 14:42:12 -0700
From: Bob Edwards <bob. edwards@ncmail. net>
To: lyn.hardison a ncmail_net
CC: Louie Johnson <Louie [e-mail]>
Lyn. These are the notes on the visit to Bert Dixon's operation. Let me
know if you need additional info regarding this farm. Bob.
As requested, a visit was made to Bert Dixon's swine operation(Lizzie
##2) on 4 April 03. In addition to myself and Bert Dixon, Louie Johnson,
Greene Co CES Ag Agent, was with us when we visited the farm.
Generally, the application fields for the swine facility were well
vegetated and maintained_ Adequate stands of bermudagrass were evident
in all fields except for pulls 2, 3 and 8 and small areas in the other
pulls. In addition, the vegetation on the fields behind the correctional
facility on Hwy 903 had been burned and will need to be revisited in
June or July for evaluation.
To provide adequate bermudagrass on the entire acreage, the following is
recommended to be done this Spring:
1: Resprig hybrid forage type bermudagrass in irrigation pulls 2, 3 and
8. (This was already planned.)
2: Irrigation pulls A & B, 1, 4, 5, 6 & 7 are to have the ruts filled
and smoothed. There are small areas within these pulls which do not have
an adequate stand of bermudagrass. These areas are to be cultivated,
smoothed and resprigged to hybrid forage type bermudagrass.
3: The analyses of the 2002 soil reports for the application fields
indicated fertility to be adequate except for some lime needed in a
couple areas to maintain an optimum pH. The analyses of the 2003 soil
samples were not available. Bert indicated the samples had been taken
but the results not received. When the 2003 soil analyses are received
the recommended lime needs to be applied.
1 or 1 5/2/03 11:59 AM

Page Two
E_ H. Dixon Swine Farm ;:2
Fac. 40-141
Please provide this office with an explanation of the violations along with corrective action and/or any new practices/procedures
that will be implemented onsite to prevent further such violations from occurring in the fugue within five (5) working days from receipt of
this Notice to:
Mr. Tim Mulligan
Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration.
Please be advised that any violation of the terms and conditions specified in your Certificate ofCoverage (COC), the General
Permit or the CAWMP may result in the revocation of your COC, or penalties in accordance with the North Carolina General Statute 143-
215.6A throto 143-215.6C including civil penalties, criminal penalties and injunctive relief
If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 212 or Lyn Hardsion at exL 318.
Sincerely,
J Mulligan
ater Quality Regional Supervisor
cc: Greene County Soil and Water Conservation District
Premium Standard Farms
NCDWQ-GW-WaRO
NCDSWC-WaRO w/out anadiments
Non -Discharge Compliance Unit w/ouot attachments
WQ Central Files
WaRO
,,k9H Files

Ea Division of Water Quafitv_
i 0 Division of Soil and Water Conservation
0 Other Agency
of Visit O 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
p Date of visit: o3-Z7-2W3 Time: 143U
€ Facilitc Number 40 141
-- - - 0 Not Operational 0 Below Threshold
Permitted Certified ❑ Conditionally- Certified 01 Registered Date Last Operated or Above Threshold: ................
Farm!Name: .................. ........ _..... .............. County: G.>Xke.--.............-----......................... WARQ.......
Owner Name: la.H........ __.. _.._., ... JDixore....... — .. ....-------......... Phone No: (252).747=55M.......................... -...........................
Mailing Address: PQ.$A�4 $e..--..... . �._................ M71ur1:._ .................................... .......... asu .............
Facility Contact: Title :......._._................................................... Phone No:
Onsite Representatiin•e: orate..__—___ Integrator: P.ICemjunl.SxapdudYar=.9f Kukfll...........
Certified Operator: E[l> kH... _. _.._ D�i7 it...._„ . .... . __. Operator Certification Number:18.497.............................
laocation of Farm:
:Take 123 from Maury to Lizzie, left on 1334
r14
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® Swine ❑Poultry ❑ Cattle ❑Horse Latitude i 35 •' 29 J° ; 22 4 Longitude 77 ' ; 3GJ� 37 K
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.Design Current
Design Current
--- -Design Current
Roine
Ca aci Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
❑ Laver
❑ Dairy
® Feeder to Finish
7680 6184
❑ Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
10 Other
❑ Farms° to Finish
Total Design Capacity
7,680
❑ Gilts
❑ Boars
Total SSLW
1,036,800
Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area 111 Spray Field Area
Holding Ponds I Solid Traps' ❑ No Liquid Waste Management S�'stem
Diseh:aroes & Stream ian act•
1. Is any discharge observed from any part of the operation? _ ®Yes ❑ No
Discharge otieiaaated at: ❑ Lagoon M Spray Field M Other
a. If discharge is observed_ %va the convevance nt:sn-made" ❑ Yes ® No
b. If dischari-lc is ohsest•ed. did it reach %%'tiler of the State:' (Il've,. notiA,1 WQ) gi Yes 0 No
c. If discharge is ohsenved, what i; the estimated tlnn eat galirnin" 7500 tnl/min
d. Do;;s discharge bypa,s n lagoon sue• testy? (If zes- until': I7WQ) ❑ Yes M No
2. Is there evidence of past discharge from any part of the operation? [) Yes ❑ No
3. Were there any- adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes gl No
M'ast:c Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes M No
Structure l Structure 2 Stncture ; Structury a Structure 5 Structure 6
Identifier:
Freeboard (inches): 2_7..

0 5.16 31101
Facility Number: 40-141 f13-27-20113
L 1111iflued
5. 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 marker; with required maximum and minimum liquid level
elevation markings?
Wasie Anlication
10. Are there any buffers that need maintenance/improvement?
I I . Is there evidence of over application? ® Excessive Ponding ❑ PAN ® Hydraulic Overload
I2. Crop type Coastal Bermuda (Hay) Small Grain Overseed
❑ Yes �, No
❑ Yes Z No
Yes ❑ No
❑ Yes 19 No
❑ Yes $ No
❑ Yes No
Yes ❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes Ji No
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? 19 Yes ❑ No
16. Is there a lack of adequate waste application equipment? ❑ Yes Z No
Reouiresl Rccords be D(wuments
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?
(ie/'VtgR, checklists, design, maps, etc.) ❑ Yes ® No
19. Does record keeping need improvement? (ie/ irrigation, freeboard., waste analysis & soil sample reports) gj 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 9 No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, fi=board problems over application) Z 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
E3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. C
Comments (refer.to question :.-Explain any YES:an eta and/or any ecoi�iendailoin or "i other comments.
Use drawings of facility to better explain sitnations. (axe additional pages as neeessary):T Field Copy ❑Final Notes '
During a flyover, DWQ decided to conduct a compliance inspection.
# 25 - Irrigation reel was operating and the field appeared saturated.
# 7- Wastewater was spilling out of several locations along the aluminum pipe (joints and small hole in pipe), adjacent to
the houses- # 1 - Wastewater had ponded on the ground and flowed into a unnamed tributary.
# 1 & # 11 - Runoff was observed from the spray field into the same tributary due to saturated fields and/or
overapplication. # 7 - The irrigation reel bad malfiutctioned and the gun cart was not moving.
Photos and samples were taken.
IV
Reviewer/Inspector Name Daphne & Cullom Lyn B. Hardison
.Lr
Reviewerllnspector Signatu �' �� ! j ; , ,_, �- Date: - 0 .�

05103101 Continued
Facility Number. 40-141 Date, ln.,pecti4Pn t5-2752003
Odor Issue,
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?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt.
roads. building structure, and/or public properly)
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?
❑ Yes [ No
❑ Yes No
❑ Yes ® No
[]Yes Z No
❑ Yes 19 No
❑ Yes ® No
❑ Yes ❑ No
Additional ommenU an or rawmgs::
The records were review on 3-31-2003 at the regional office.
Soil analysis 3-21-02 available - soil samples taken in the fall of 2002.
Waste analysis - 1-18-02 = 1.2 lbs, 6-5-02 = 2.7 lbs, 9-13-02 = 2.2 lbs,l-17-03 = 2.4 lbs, awaiting next results
# 19 -Irrigation records - IRR 2 should be completed w/ the nitrogen balance for coastal crop 2002 and small grain
02-03.
15 - there are several areas in the spray field that does not appear to have much vegetation
eed to do the following - 1) Check the GPM of irrigation equipment and may need to calibrate the system_ 2) Get
new waste analysis & complete all irrigation records w/ a current nitrogen balance. 3) repair the seals/etc. of the
aluminum pipe. 4) contact the area agronomist for evaluation of the receiving crops_
5) Mark the irrigation pulls per the irrigation design.
9 22 - unaware of the runoff from the spray field or the area adjacent to the houses until notified by DWQ.
April 16, 2003
Second inspection to re -check of records, etc. as mentioned during the inspeciton on 3-31-03-
The irrgiation gun has a 0. T' ring in place however it can be changed out to 0.94" ring.
t is suggested to used the smaller ring size in the fall/winter months.
e Area Agronomist conducted an evaluation of the crops on 44-03 and determined that 3 pulls (2,3 & 8) will need
to be resprigged this spring. Continue to following the Agronomist recommendations.
The lagoon levels are recorded weekly.
Irrigation records have been recalculated to include the nitrogen balance,
During this re -check the irrigation records were set-up on the Excel spreadsheet.
The freebaord levels was noted to be 22"
Ian to re -sprig pulls 2, 3 & 8 this spring. The grounds are being prepared (plowed, etc.)
there are any other places that need re -sprigging, it is recommended to do so -
Need to cut and bale the small grain as soon as conditions permit.
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