460015_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental dual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

Aji'hrrrrrrr�
MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mitchell, Brian
Brian Mitchell Farm
251 Qubec St
Harrellsville, NC 27942
Dear Permittee,
Division of Water Quality
Coleen H, Sullins
Director
June 30, 2010
Subject: Notice of Violation
Brian Mitchell Farm
Permit Number AW S460015
Hertford County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
($)
2010PR003086
3/9/2010
+--2utstandingFee
4/8/2010
180-00
Please he reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the annual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on k and
mail this payment to:
Division of Water Quality — BudgO " ffice
Attn: Fran McPherson�',�
1617 Mail Service Center;�'
Raleigh, NC 27699-1617
tti1. * Or��1C�
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2726 Capital Blvd.. Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1.877.623.6748
Intemet: www.rimaterquality.org
L An Ecuat Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Naturally

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
[e-mail].
Sincerely,
--w- .
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Washington Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS460015)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 6, 2004
CERTHUD MAIL
RETURN RECEIPT RE UESTED
7003 1680 0000 5403 7239
Mr. Larry Mitchell
Brian Mitchell Farm
251 Qubec Street
Harreilsville, NC 27942
SUBJECT: NOTICE OF VIOLATION
Animal Feedlot Operation Compliance inspection
Brian Mitchell Farm
Facility No. 46-15
Hertford County
Dear Mr. Mitchell:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General Permit,
Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1.
On November 19, 2003, Mr. Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted
an Animal Feedlot Operation Compliance Inspection at the Brian Mitchell Farm in Hertford County. A copy of the inspection report
is attached for your review. In general, the Compliance Inspection was to detennine if: (1) the farm has a Certified Animal Waste
Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H,0217, Senate Bill 1217, and
the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the
direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff.
The following violations were observed during the inspection:
During the compliance inspection conducted by Mr. Vinson, it was noted that according to the freeboard marker in the lagoon
waste had risen into the storm zone of the freeboard with no prior notification to the Division. However, when the lagoon was
built there was additional fill material added to the top of the lagoon which created an additional 6 inches of freeboard. The
actual distance of waste on November 19, 2003 to the top of the lagoon was 21 inches. in accordance with condition III, item 6(e)
of the General Permit, the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case
more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage
capacity in a lagoon/storage greater than or equal to that required in Condition V(3) of this General Permit.
It is noted that Hertford County Soil & Water and NRCS are working with the farm to establish an accurate marker in addition to
changing the Waste Utilization Plan to help better manage excess rainfall.
As a reminder, please note the following continents, which are conditions of the Certified Animal Waste Management Plan and the
General Permit; therefore, these items must be implemented
cp The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste
level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 !Hour storm
event plus an additional foot of structural freeboard
Ai'
943 Washington 5ouare Mall Washinoton. NC 27889 (2521946-W1 (Teleohone) 1252) 946-9215 (Fait) Customer Service

Page Two
February 6.2004
Brian Mitchell Farm
cp An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as practical and at least
within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen,
Phosphorus, Zinc and Copper.
cp Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis.
(p The following records are required: off -site solids removal, maintenance, repair, wastelsoil analysis and land irrigation records.
These records should be maintained by the facility owner/manager in chronological and legible form for a minimtun of three years.
cp Land application rates shall be in accordance with the CAWMP. In no case shall land application_ rates exceed the Plant Available
Nitrogen (PAN) rate for the_receiving crop or result in runoff any iven lication.
cp All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The outlet can be
another vegetated charnel, an earth ditch, stabilization structure, or other suitable outlets.
cp It is beste!j not a requirement, to keep crop yield information for future use to update your waste management plan. You will
need three years of crop yield data before your plan can be updated
cp The OTC has the duties to ensure that waste is applied in accordance with the CAWMP and General Permit by properly managing,
supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and
reporting information. The failure of an OIC to perform his/her duties can result in a letter of reprimand, suspension, of certification,
or revocation of certificates.
It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may
arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist.
You are requested to respond in writing to this notice within 15 days of receipt, outlining the corrective actions that have been
undertaken and/or have been planned to address these violations and any further actions taken to prevent fixture violations of this nature
from occurring. The effectiveness of your response will be a factor in the consideration of future enforcement. Please be advised that
this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations.
T'iiank you for your cooperation and assistance. If you have any questions concerning this matter, please contact meat 252-946-6481,
ext. 212 or Scott Vinson at ext. 208.
Sincerely,
Jim F
Mulligan
gional Supervisor
cc: Hertford County SWCD Office
DSWC-WaRO
Non -Discharge Compliance and Enforcement Unit
WaRO
SAV Files

Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluatlon j
for Visit O Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access
Facility Number 4b 15 Date of Visit: 11/19/2003 Time: Z:30
Not O erational 0 Below Threshold
® Permitted ® Certified © Conditionally Certified E3 Registered Date Last Operated or Above Threshold: .........................
Farm Name: SltltlMMiMACIFAM.................................................................................. County: Heft ad........................................... 3?4ARO.......
OwnerName: Brit A.......................................Mitcheil..................................................... Phone No:(252).3M.2790.................... ...................................
Mailing Address: 25L.Qub=51rt t................................................................................. lbaAkV.111C.BC ................................................. 27.2.42,.............
FacilityContact:.............................................................................. Title:................................................................ Phone No:.................................................
Onsite Representative: Larry.l!' llcheu........................................................................... Integrator: MllMhy..B7t'i wil.....................................................
Certified Operator: AdAa.CR................................ MiiCbu 1........................................... Operator Certification Number: .10212 ............................
Location of Farm:
located on a gravel road, SR 1440, east of harrellsviii approx. 1.7 miles �
®Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 6710 17 30 Longitude F-76— ° 45 00 «
Discharges & Stream 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, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yqs, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/miu?
d. Does discharge bypass a lagoon system? (If yes, noti& DWQ) ❑ Yes ❑ 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 ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No
Structure I Structure 2 Stn:cture 3 Sinicture 4 Structure 5 Structure 6
Identifwr:..........Maxkex........... ........... Amiai........... ................................... .................................... .................................... ....................................
Freeboat-d (inches);............... 1.5............... ...2.1.*

U51UNU1
.....»«....
_
1FacWty Number: 46-15 _j Date of Inspection 11/19/2 003
f
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
❑ Yes
® No
seepage, etc.)
,t
"
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
❑Yes
®No
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvvement?
❑ Yes
® No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement?
❑ Yes
® No
9. Do any stuctures lack adequate, gauged markers with required maximum and nummurn liquid level
elevation markings?
❑ Yes
® No
Waste A„pnlication
10. Are there any buffers that need maintenance/improvement?
❑ Yes
®No
11. Is there evidence of over application? ❑ Excessive Pouding ❑ PAN ❑ Hydraulic Overload
❑ Yes
N No
12. Crop type Corn Small Grain Overseed
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
N 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?
❑ Yes
® No
16. Is there a lack of adequate waste application equipment? ❑ Yes ® No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit 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 N No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ® No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ® No
24. Does facility require a follow -rip visit by same: agency? ❑ Yes ® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ® Yes ❑ No
13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
❑ Field Copy ❑ Final Notes
9 & 25) According to the marker the freeboard level is 15", however there, appears to be 6-7 additional inches of reireeboard available.
Please have Paul Boone/Greg Hughes, Tech. Spec., determine marker elevations in accordance with the current top of lagoon level.
*Greg Hughes, Hertford S&W, visited this farm on 11/20/03 to determine the top of lagoon level in relation to the marker. Mr. Hughes
reported that there is 6 inches of addtional freeboard above the designed top of lagoon elevation. The marker was set correctly in accordance
with the lagoon design however the lagoon wall wits built up above the top of dike elevation to take into account settelling. On 11/19/03 the
waste level was approx. 21" from the exisiting top of lagoon, even though the waste level read 15" on the marker. With the 2 inches of rain
that fell on the night of 11 /19/03 the waste level rose to l8" from the existing top of lagoon wall. Mr. Mitchell was faxed a 30day POA and
with help from Paul Boone faxed it into WaRO on Mon. H /24/03. W I
-'I I'll I: f �.i�
ReviewerllnspeetorName �COtta�itn �tr��i+lal .,IL��I f����.���'��r�.��� I�r•E� ti1�1,h:��:
Reviewer/Inspector Signature:= Date:

051#3101 Continued
;.1 1FaeWty Number: 46.-.15 Date of inspection 11/19/2003
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor 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 property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fau(s) noted? (i.e. broken fart belts, missing or
or btnken 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?
Waste 5/2103 with 3.0 IbsNI1000gal and 12/31/02 w/ 2.1 1bsN.
Soils 4/4/03 w/ up to 0.5 T/ac, lime suggested and Cu & Zn levels adequate.
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
The wheat cover crop is written in the plan as not to be harvested, therefore you are limited to only 30 lbsN/ac that you can apply to th
heat that is to be deducted on the following corn crop. Consider revising WUP to include either the option of cutting and bailing the
beat before planting corn and you will be allowed 50 lbsPAN/ac that can be applied as well as not having to deduct what you spray on
heat from the following corn crop. Also discuss with tech. spec. the pros and cons of going to the more often used corn, wheat, and
rotation that most row crop farmers use.
+I

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 12, 2002
Mr. Brian Mitchell
251 Qubec Street
Harrellsville, North Carolina 27942
i
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
Brian Mitchell Farm
Facility No. 46-15
Hertford County
Dear Mr. Mitchell:
Enclosed please find a copy of the Compliance Site Inspection (as viewed in the DWQ database) conducted at the referenced facility
by the Division of Water Quality from the Washington Regional Office. Please read this inspection and keep it with all other
documents pertaining to your animal operation for future inspections.
In general, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the
farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste
Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified
Operator; (4) the required records are being kept; and (5) there are no signs of seepage, erosion, and/or runoff. The following
deficiencies were noted during the inspection:
➢ Corrected IRR2 forms that were mailed into WaRO on 7/23/02 showed an overapplication of PAN on corn in field 413 = 0.35% on
5/29/02 and field 4A = 8.5% (11.7 lbs PAN) on 5/27/02. Notice to keep to the units of measurement as given in accordance on
DWQ - IRR2 forms to avoid overapplication in the future. In accordance with condition 11, item 4 of your General Permit, land
application rates shalt be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available
Nitrogen (PAN) rate for the receiving crop or result in runoff during any give application.
As a reminder, please note the following comments, which are conditions of the Certified Animal Waste Management Plan and the
General Permit; therefore, these items must be implemented:
(p The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste
level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hour storm
event plus an additional foot of structural freeboard.
(p An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time ,of application as practical and at least
within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen,
Phosphorus, Zinc and Copper.
9 Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis.
cp The following records are required: off -site solids removal, maintenance, repair, waste/soil analysis and land irrigation records.
These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years.
cp Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available
Nitro en PAN rate for the receivm' cro or result in runoff duriniz any given gRplication.
cp All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The outlet can be
another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets.
M
943 Washington Square Mall Washington, NC 27889 [phone] (Telephone) [phone] (Fax) Customer Service
1 800 523-7748

Page 2
Brian Mitchell Farm
Facility No. 46-15
9 It is suapested. not a requirement, to keep crop yield information for future use to update your waste management plan. You will
need three years of crop yield data before your plan can be updated.
cp The OIC has the duties to ensure that waste is applied in accordance with the CAWMP and General Permit by properly managing,
supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and
reporting information. The failure of an OIC to perform his/her duties can result in a letter ofreprimand, suspension, of certification,
or revocation of certificates.
For your information, any swine facility that has a. discharge to surface waters of the State will have to apply for a National Pollutant
Discharge Elimination System (NPDES) permit with the Division of Water Quality, effective January 1, 2001.
Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252-946-6481,
ext. 208 or your Technical Specialist.
Sincerely,
xi74
Scott Vinson
Environmental Engineer
Cc: NCDSWC-WaRO (w/o attachments)
He Co. SWCD
aRO Files
SAV Files

M
Facility Number Date of Visit: 61131Z002 'I'iEne: ;:a0
p o pera Iona p Below Threshold
0 Permitted 0 Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: •••••••••••••••••••••••••
Farm Name: Brian Mitchel! Farm County: Hex'.tfard.............................................W...AAO,,.,,,.
Owner Name: Brian Mitchell
Mailing Address: 25I.Qubce.Streel.....................................
Facility Contact:
.............................................Title:
Phone No: (ZSZ) 355-2790
......... Harzelisxille..NC.................................................. 279.42 ..............
..... Phone No: ....................................................
Onsite Representative: La.rry..AUtchcll........................................................................... Integrator: CarrnlLs.F.oads..QfYa.Itu...............................
Certified Operator:Birian.0. ................................ Mitchell............................................ Operator Certification Number: 1821.9 ................
Location of Farm:
ocated on a gravel road, , east of harrellsvillapprox. 1.7 miles
V
I—
N Swine p Poultry p Cattle p Horse Latitude ®• ©4 ®« Longitude ®. ®, ®1.
Design Current "tits ,;.51 ' Design I „Current "" Desi n Current
Swine ��
1 �11! `�Poultr I Cattle
Capactty� ��F a Y,„�. Capae�tyll �'" Capacity Populati"on ..
;PapPlat�on �I'opulation ��
p ay
4]k]
p on- ayer
4}±.,�Il}ls:. }' e�i�'ii ;
t; Other
-'SiG,
ryC
` M`IY �."TotalDDesign Capacity 1,776
IGilts
M���t;kx�';'�;�rl otaI,'S,SLWI 239,76Q
�+
P�'qGat';�
a......, .
��� ;±' ® u surface rains resen p Lagoon res ® pray ie rea
��r I
�`ldin
' Ip'I����{
Ponds Sol d Tra s �I�'
Hq g P O,6i S'�,, p o iqui Waste ManagementSystem
II
i.!lfG �S_i:
p can to Feeder
® Feeder to mts
p arrow to can
p arrow to Feeder
p Farrow to Finis
p
p Boars
Discharees & Stream Impacts
1, Is any discharge observed from any part of the operation? p Yes ® No
Discharge originated at: E3 Lagoon p Spray Field p Other
a. If discharge, is observed, was the conveyance man-made? p Yes p No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 0 Yes p No
c. If discharge is observed, what is the estimated flow in gallmin?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes p No
2. Is there evidence of past discharge from any part of the operation? p Yes R No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? © Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? p Spillway p Yes ® No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Preeboard(inches): ...............a3 ...................................................................................................................................................................................................

act 1 y Number: 46�15 _ Date of.lnspection ru=m _
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
0 Yes
® No
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
p Yes
ig No
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
N 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/i nprovement?
p Yes
H No
11. Is there evidence of over application? p .Excessive Ponding ® PAN p Hydraulic Overload
® Yes
p No
12. Crop type Corn (Silage & Grain) Small Grain Overseed
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
ig No
14. a) Does the facility lack adequate acreage for land application?
p Yes
p No
b) Does the facility need a wettable acre determination?
❑ Yes
p No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
p Yes
® No
16. Is there a lack of adequate waste application equipment?
❑ Yes
®No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit 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/ irrigation, freeboard, waste analysis & soil sample reports)
N Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
p Yes
®No
21. Did the facility fail to have a actively certified operator in charge?
p Yes
®No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
N 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?
Cl Yes
® No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
p Yes
®ND
p No violations or deficiencies were noted tiring this visit. You will receive no rurther correspondence about is visit.
11
dUK �sI�e rd. Yir.fl`'s'2w�i.%, i-::tt {MMs�}jo:nai'r.�.f. a6,cil"ii�t , fY�e"itYaYi h'IFe,U'ktitmfe.��.r.yErc, ;eh,l?[�.1p?*i la�yiV't.,�ti.'I`s.'4ii�t.Yuydpl�µ?{f.MY ;,'.1'Oi nM "Ny,qF ,a,hPir'..�vn`t' "l"ri"``nenz s - i "-':�1 ,ommeri'd ear
aMh1G
:twahse addttiorn sp�•.�.'. .9,I•- t!a'��.'Vl b.1 �Ny,;ihlra,sh ,k4a,'q„sl
i;i❑ih'.f�F:E�eFltFd7TCo3Bp'.4y TSFin:a.al N•._>�o2tx-e^'s"zis K"�[
Waste 5120 02 with 2.41 sN/1000ga1.
+
1/24/02 with 2.3 lbsN/ I 000gal.
11/7/01.with 2.0 1bsN/1000gal.
* Soils 3/26/02 with up to 0.6 T/ac lime suggested.
* (11, 19) Need to review IRR2 calculations with Paul Boone, tech spec, to correct PAN balance calculations on 5 pulls made between
5/23/02 and 6/10/02 on corn. PAN balance needs to be in units of lb.N / ac. not IbsN/field. Please contact me at [phone] ext
08 after meeting with Paul Boone to give me the PAN balance on each field.
Reviewer/Inspector Name Scott Vmson : N"f ,T ' ti ,!a �'�� '',^:} a' .'
Reviewer/Inspector Signature: Date; ,� O

05103101
k'scility Number: 46_15
D.ite of 111spection
Continued
Odor issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below 13 Yes 13 No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, p Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? C3 Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) 13 Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes p No
& '_ �i`I`d�,9q Yt i(', §: E f A a
3 5 d�xo' ;- "yk�Eid6 Ehth� ;y G 3i i �:x x+i ',g,,{,' .i >g�kOM
' s3iisEdea' 1� tt5 "5e"'rt'{Ji !niv3�cY3�A hwi �7�kia^:�'Ck�A q & .Y: �iiP' Fil � ;; A ", �"i�'. hi�i33i r�'.Js. � $YI �BFY tl,q�� .:,�e��:Ys�Ev4;-e S�
b
*Mr. Larry Mitchel met withPaul Boone and cleared up the metho �as to.which a IRR2 forms should. e filled out.
A
Mr. Mitchell corrected IRR2 forms and mailed into.WaRO office on 7/23/02.
11) & 19) Corrected IRR2 forms showed an overapplication of PANon corn in field 4B = 0.35% on 5/29/02 and field 4A = &5%
(11.71bs PAN) on 5/27/02. These overapplication are considered minor and a Notice of Deficiency will be sent to Mr. Mitchell.
Notice to keep irrigation records and especially the units of measurement as given in accordance�with DWQ IRR2 forms to avoid
overapplication in the future.
r

r ,.
�oF wArE,�p
O. .C..�. - ; =,C
December 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Brian Mitchell
251 Quebec Street
HarrellsviIle, North Carolina 27942
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
Brain Mitchell Farm
Facility No. 46-15
Hertford County
Dear Mr. Mitchell:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources .
Kerr T. Stevens
Division of Water Quality
On October 13, 2001, I conducted an Animal Feedlot Operation Compliance Inspection at the Brain Mitchell Farm in
Hertford County. A copy of the inspection report is attached for your review.
In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and
the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the
Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being
operated properly under the direction'of a Certified Operator, (4) the required records are being kept; and that (5) there are no
signs of seepage, erosion, and/or runoff The following deficiencies were observed during the inspection.
D Your Certified Animal Waste Management Plan records did not include a current waste analyses for July
irrigation events on corn. In Section 111. Monitoring and Reporting Requirements, item number 4 of the
General Permit, it is a requirement that a waste analysis be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. Further, this waste analysis is
necessary to complete your irrigation records and to ensure that over application does not occur. See the
attached inspection form for further comments.
It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other
problems that may arise, as soon as possible. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have resulted or may result from these deficiencies.
Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments
regarding this inspection, do not hesitate to call at [phone], ext. 208.
Sincer y, �•
Scott Vinson
Environmental Engineer
cc: Hertford County SWCD Office
DSWC-WaRO
Compliance Group
aR0 —Animal Compliance
SAV files
943 Washington Square Mall Washington, NC 27889 252-946-6481(Telephone) 252-946-9215 (Fax)

�A p3?lv�sioti of W ter Quality
Mislo�ui d gdll:ancit''V�aterdC4 �criFatidn : �
1p:U ler, Aganc} " F,
Y_
�i
Type of Visit p Compliance Inspection p Operation Review p Lagoon Evaluation
Reason for Visit p Routine p Complaint p Follow up p Emergency Notification p Other
p Denied Access
Facility Number IT�'""
Date of Visit: 10/3/2001 Time: 230 pm Printed on: 11/6/2001
p Not Operational p Below Threshold
■ Permitted 0 Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: .................••.••••.
Farm Name: Brian Mitchell Farm
County: Hextfoxd............................................ .W.ARO.......
Owner Name: Brian Mitchell Phone No: 252-356-2790
Mailing Address: 25.1..Qu:ehec.,Street............................................. ............................... Harrellsvffle.,NC ................................................. 27942 ..............
Facility Contact: I arry.Mitchell...............................................Title:............................................................... Phone No: 252-35.6r29.09 .......................
Onsite Representative:Larry..>ki,itchell....................................•..................................... Integrator: Carrot !s.F"oads.Of..V.a.Inc...............................
Certified Operator: Bri:an.C................................. Mitchell ............................................ Operator Certification Number: 182.l.Q.............................
Location of Farm:
ocated on a gravel road, , east of harrellsvillapprox.T.7 miles
® Swine ❑Poultry [3 Cattle p Horse Latitude ®• ©9 ®66 Longitude ®• ®� ®64
Design - Current'
Swine - Capacity Population
❑ Wean to Feeder
® Feeder to inns
❑ Farrow to Wean
❑ Farrow to Feeder—.
p Farrow to Finis
13 Gilts
❑ Boars
Design Current Design Current•,
Poultry , ,
Capacity'' Population Cattle Capacity` Population.-;
p Layer p Dairy
❑ Non -Layer jr3 Non -Dairy
❑ Other
Total Design Capacity. 1,776
Total SSLW 2399760
Number'of La oohs 0 ®Subsurface rains resen p agoon rea pray �e rea 3.
Holding Ponds / Solid Traps 0 ❑ No Liquid Waste Management system
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation? O Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes p No
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ 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 N No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway p Yes H No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard(inches) 32................................................................................................................................................................................

05103101
Continued
aci i y N um er: 46_15 Date of Inspection
Printed on: 11/1/2001
Odor Issues
26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
17 Yes p No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
p Yes ® No
28. Is there any evidence of wind drift during land application? (i.e, residue on neighboring vegetation, asphalt,
p Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
13 Yes ® No
30, Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
p Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover?
p Yes ® No
32, Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
p Yes p No
I�
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J

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BRIAN MrrCHELL
246 QUEBEC STREET
HARRELLSVILLE NC 27942
Dear Brian Mitchell:
.--y
1•�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENvlRONMENT AND NATURAL RESOURCES
August 15, 2001
C �
I� AUG 2 7 2001
..iv
Subject: Notice Notice of Violation and Revocation for Nonpayment
Brian Mitchell Farm
Permit Number: AWS460015
Hertford County
In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 4/9/1999.
Your annual permit fee for the period of 4/9/2001 - 4/8/2002 is $150.00. Your payment was due 6/6/2001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Washington Regional Office
Hertford County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper

S
U1-"
R Michael F. Easley
Governor
Wiliam G. Ross, Jr., Secretary
--4 Department of Environment and Natural Resources
. - Kerr T. Stevens
Division of Water Quality
February 23, 2001
Mr. James Mitchell
Bract Mitchell Farm
251 Quebec Street
Harrellsville, North Carolina 27942
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Brain Mitchell Farm
Facility No. 4 46-15
Hertford County
Dear Mr. Mitchell:
Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database) conducted
at the referenced facility by the Division of Water Quality from the Washington Regional Office. Please read this
inspection and keep it with all other documents pertaining to your animal operation for future inspections.
In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15 NCAC
2H.4217, Senate Bill 1217, the Certified Animal Waste Management Plan and/or General Permit; (2) determine whether
the waste utilization plan is based on total or actual wetted acres; (3) the fann operation's waste management system is
being operated properly under the direction of a Certified Operator; (4) the required records are being kept; (5) there are
no signs of seepage, erosion, and/or runoff. The following deficiencies were noted during the inspection.
cp in accordance with condition V, item 3 of your General Permit, the maximtun waste level in lagoons/storage
ponds shall not exceed that specified in the CAWMP. At a mirdmum, max7mumn waste level for waste for
lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hours
storni event plus an additional foot of structural freeboard
cp For future inspections, make sure a copy of your COC and general permit is available for review.
As a reminder, please note the following which are conditions of the Certified Animal Waste Management Plan and the
general permit therefore these items must be implemented:
cp The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a nniniinum.
maxinntun waste level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to
contain 25 year, 24 hours storm event plus an additional foot of structural freeboard
cQ Soil analysis is required annually
cp The following records are required: rainfall and lagoon level data, off -site solids removal, maintenance, repair,
waste/soil analysis and land irrigation records. These records should be maintained by the facility owner/manager in
chronological and legible form for a minitmmn of three years.
cp Land application rates shall be in accordance with the C.AWW. In no case shall land application rates exceed the
Plant Available Nitrogen (PAN) rate for the receiving cron or result in runoff' durina anv Five application.
cp Keep lagoons/storage ponds free of foreign debris including, but not limited to tires, bottles, plastic products, light
bulbs, gloves, syringes or any other solids waste.
cp The lagoon areas should be kept mowed or otherwise controlled and accessible. High grass does not allow ,you to
conduct a thorough inspection of the lagoon area for seepage, rodent damage, etc.
cp It is suggested not required to keep crop yield infomtation for future use to update your waste management plan. You
will need three years of crop yield data before your plan can be updated
943 Washington Square Mall Washington, NC 27M9 252-946-6481 (Telephone) 252-946-9215 (Fax)

Cont. Mitchell
Page Two
Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at
252/946-6481, ext. 318 or your Technical Specialist.
Sincerely,
O
Lyn . Hardison
Environmental Specialist
Cc: Hertford NRCS
Non -Discharge Compliance Unit (w/out attachments)
NCDSWC-WaRO (w/out attaclunents)
,V�aRO
LBH files

Type 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
Facility Number 46 15 Date of Visit: 5/18/2000 Time: 11:38 AM Printed on: 6/21/2000
NNot O eratio6al C Below Threshold
® Permitted ® Certified © Conditionally Certified © Registered Date Last Operated or Above Threshold : ................
Farm Name:ariaxt.miteaaFArm.................................................................................. County: Hcxxfa d........................................... WARt?.......
OwnerName: Briail....................................... milghg1l...................................................... Phone No: ...........................................................
FacilityContact: ..............................................................................Title:................................................................ Phone No:...................................................
Mailing Address: 2S1..S�u k �.Sticgt..................................... I....... .. Harrell.S.Y.iIIg...KC............................ ... Z.75.42 ..............
............................... ..................
Onsite Representative: calm.css9.11Sati.Jliit�blt~Al.................................. ................. Integrator: CarxQ1��S.kAQdS.Ax..Y..a.X11&...............................
Certified Operator:j.r.igLn..C................................. Mr.11e.11................................. .... ...... Operator Certification Number:1.8219.
Location of Farm:
......................................................................................................................................................................................................................................................................
lncatgd..an.a. x;<x�1.xgad..S.ti.14.9kA�,gas1.Ql.aaxtgl��xAlla r.��c,...7.s�niltr�.......................................................................................................................
® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 36 • 17 30 ff Longitude 76 • 45 ' 0.
' Design Current
Design
Current
'Design , Current°"
Swine`' Capacity Po ulation
Poultry Ca acit
Po ulation ;Cattle'
Ca ac�'t :.Po ulation
❑ Wean to Feeder
❑ Layer
❑ Dairy
® Feeder to Finish
1776
1640
10 Non -Layer
❑ Non -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
❑Other
❑ Farrow to Finish
Totat sign'Capacity D'e
1,776
❑ Gilts
Tota1,SSLW
239,760
.:
❑ Boars
.,.Number of Lagoons ''' ® Subsurface Drains Present ❑ Lagoon Area 10Spray Field Area
4Holding`Ponds /'Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream 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, was the conveyance man-made? ❑ Yes ® No
b. If discharge is observed, did it'reach Water of the State? (If yes, notify DWQ) ❑ Yes ®No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (lfyes, notify DWQ) ❑ Yes ®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 ®No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure l Structure 2 Structure 3 Structure 4
❑ Yes ® No
Structure 5 Structure 6
Identifier: ....................................
Freeboard (inches): 25

Continued on back
Facility Number: 46-15 Date of Inspection 5/18/2000 I printed on: 6/21/2000
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/.trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ® No
(1f 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/vnprovement? ❑ 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 tnaintenance/improvement? ❑ Yes OR No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Com Small Grain Overseed
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® 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 thexeceiving crop need improvement?
❑ Yes
® No
16. Is there a lack of adequate waste application equipment?
❑ Yes
® No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
l8. 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/ irrigation, freeboard, waste analysis & soil sample reports)
® Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
®No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
®No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
® No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
®No
24. Does facility require a follow-up visit by same agency?
❑ Yes
®No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
®No
No vipllatioris:or deficiencies•were;noted:during•thig visit. '.You,wilil'receive ila further:
cvrres�andence aboirt this.visit... .. ..... ..... ... .. ... .. ,
�,_. y c`
[Go min6fits( q ) �, P y answers andlora'n recommendations or any other,"omments
t ��r
U e dra in s�of facility to better?ex la n situations. (use additional pages as necessary):,, ,.
g h'� p
.t
Y
Records available.
l will check with P. Boone about small grain allowance.
Make sure to pull waste samples within 60 days of irrigation; suggest quarterly.
Make sure to record weekly freeboard,
Records are well kept.
If you have any questions, contact me at 252-946-6481, extension 318.
* Make sure to have general permit for future inspection.
AL
Reviewer/Inspector Name
'Lyman,Hardison
Entered by Ann Tyndall

Reviewer/Inspector Signature: Date:
Facility Number: 46-15 Date of Inspection 5/1$/2000 Printed on: 612112000 .
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or -lagoon fail to discharge at/or below ❑ Yes ® No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29._ Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ®No