710043_ENFORCEMENT_20171231

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WILLARD, NC 2847E
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Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0002 0760 8995
Pagle Corp.
Paul Stanley
10023 Willard Rd
Willard, NC 28478
PAT MCCRORY
GUFMrr;a
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
March 18, 2016 Drrrcior
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0084
Administrative Code 15A NCAC 2T . 13 04
Stanley Farms #7 71-43, Permit No. AWS710043
Pender County
Dear Mr. Stanley:
On January 11, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources
(DWR) inspected Paul Stanley Farms #7 and the permitted waste management system. We wish to thank you for
being present and assisting us during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for
the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG100000 as follows:
Violation 1:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural
freeboard except that there shall be no violation of this condition if (a) there is a storm event more severe than a 25-
year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and there is at least one (I) foot of structural
freeboard, in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000.
On January 11, 2016, DWR staff inspected the lagoon and found the freeboard level to be at five (5) inches.
Violation 2:
Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four
(24) hours following first knowledge of the failure to maintain storage capacity in a lagoon/storage pond greater than
or equal to that required in Condition V. 2. of the General Permit in accordance with Condition HI. 13.e. of the Swine
Waste System General Permit No. AWG100000.
Personnel at the Wilmington Regional Office (WIRO) did not receive any notification.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 29405
919 796 7215

Paul Stanley Page 2 of 2
03/18/2016
71-43
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by April 20, 2016. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
Be advised that this office is considering recommending assessment of civil penalties to the Director of the
Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to
$25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be
assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-
215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact David Powell at [phone].
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
cc: APS CAFO Unit
Jason Turner, Pender Cotmty Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 7143
G:11 WQISHARED/ANIMALSIPENDER12016171-43NOVREF

Pagle Corp.
Paul Stanley
10023 Willard Rd.
Willard, NC 28478
Subject. Response to Nov with Recommendation for Enforcement
Dear Mr. Gregson,
RECEIIEDINCDENR/DWR
APR 2 12616
WaterOperaQuality Rtione Iona!
lminFtn 0 S . Action
This letter is in response to the Notice of Violation with Recommendation for
Enforcement that I received on March 18", 2016. 1 feel I have been unfairly accused of a
violation that did not occur on my farm.
Violation #1
On January 11, 2016, Mr. David Powell from the WiRO-DWR made a site visit to
my farm due to receiving a complaint about a farm on Pender County, on Piney Woods
Road, that had a possible discharge. There were no discharge violations found on my
farm. While on site, Mr. Powell also assessed my holding pond liquid level at 5 inches,
according to his opinion. Please be aware there is no marker (never has had a lagoon
freeboard marker) in the holding pond, and a holding pond is only required to maintain
one foot of freeboard, which I feel the holding pond had, at the time of Mr. Powell's site
visit. Please be advised Mr. Powell never measured the liquid level with any form of
adequate equipment, nor did he arrange or recommend any professional to come out to
my farm to accurately measure the dike wall, of the holding pond, to prove his opinion of
5 inches of freeboard, he only visually assumed it was 5 inches. I adamantly disagreed
with Mr. Powell, but took immediate action to move water to the secondary (pumping
lagoon), which was in compliance at the time of this site visit, and remained in
compliance after transferring approximately one foot of water from the holding pond.
This transfer of water form the holding pond to the secondary lagoon (pumping lagoon)
was completed all within a matter of 4 hrs.
Secondly, please be advised I have not had hogs on my farm since September 2015, and
recently applied for cost share through Pender Soil & Water to close lagoons to ARCS
Standards, and therefore eventually he removed from the state swine permitted list.
You are welcome to contact Mr. Jason Turner at Pender Soil and Water with any
questions or concerns. Plans are to close out my lagoons and farm by the end of Summer
2016.
Violation #2:
I feel there was nothing to notify the Regional Office about, because in my
opinion my holding pond was not out of liquid level compliance. I feel this NoV with
Recommendation for Enforcement is unfair and unreasonable primarily due to the fact
that Mr. Powell only eyeballed the liquid level of my holding pond, and never used any
type of measuring instrument(s) to prove his opinion, of 5 inches.

Also, if Mr. Powell was so concerned with sending this NoV, with Recommendation of
Enforcement I can't understand why he never returned to my farm to see that immediate
action was taken. In all honesty Mr. Powell made me feel like a criminal on my own
farm. I could understand this necessary action by Mr. Powell, if during his site visit
would have found my secondary lagoon (pumping lagoon, which has a freeboard marker,
and was in compliance) out of compliance. I have always reported any high lagoon level
to DWR, followed with a Plan of Action. Also, please make it known for the record, if
Mr. Powell felt my holding pond was out of compliance, why didn't he request a Plan of
Action to be filed with DWR-WiRO? If I felt I was wrong in this situation I would
strongly admit my guilt or wrong doing, however I strongly disagree with Mr. Powell,
and his actions. He showed no "customer service" or respect to me during his site visit
on my farm/property. However, I do have to commend Soil & Water (Mr. Sam
Edwards), for his willingness, and "customer service", to work with me, and re -visit my
farm to see that I had taken immediate action on transferring water from the holding pond
to the secondary lagoon (pumping lagoon).
Mr. David Powell visited my farm on January 11, 2016, yet didn't issue an NoV
with Recommendation for Enforcement, until March 18'', 2016, yet requiring me to have
my response back to him within 30days, on issue that was handled within 4 hours of him
leaving my farm. Also, for him not to return personally to my farm to see that I
immediately took action, even though I adamantly disagreed with his findings, and then
to send me an NoV with Recommendation for Enforcement offends me and also shows
me lack of customer service in NCDENR-DWR.
Please feel free to contact me at [phone] should you have any questions or
concerns regarding my response to this NoV-Recommendation for Enforcement.
Sincerely,
Paul Stanley
Pagle Corp.
cc: Kraig Westerbeek, Smithfield Foods
Christine Lawson, APS CAFO Unit
Jason Turner, Pender Soil & Water

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 19, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 0290 0003 0834 0034
Mr. Gary Pridgen
65 Horse Branch Rd
Burgaw, North Carolina 28425
Subject: NOTICE OF VIOLATION
NOV-2011-PC-0283
Administrative Code 15A NCAC 2T . 13 04
Pridgen Farm Site #2, Facility No. 71-43, Permit No. AWS710043
Pender County
Dear Mr. Pridgen:
Resources
Dee Freeman
Secretary
On April 6, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected
.the Pridgen Farm Site #2 and the permitted waste management system,. We wish to thank Mr. Pridgen, who was
present and assisted us during the inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit
for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in
violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General
Permit No. AWG100000 as follows:
Violation 1:
Failure of applying waste upon areas not included in the CAWMP in accordance to Condition 11. 2. of Swine
Waste System General Permit No. AWG100000.
On April 6, 2011, staff noted large amounts of manure "cake" from aisles inside the swine houses placed on the
outside of the dike wall of the old lagoon. With recent rain, waste has been washed into a ditch in between the
two lagoons.
Required Corrective Action for Violation 1:
Please provide to our office, a description of activities you plan to take to correct this action. Such activities may
include recommendations by a technical specialist or agronomist if appropriate.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwateraualitv.org
One
NorthCarolina
Naturally
An Equal 0pportunity/Atfirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
Customer5ervice 1-8T7-623-6748

Pridgen Farm Site #2
Notice of Violation and Recommendation for Enforcement
71-43
April 19, 2011
Page 2 of 2
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before May 19, 2011-
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OX concerning the steps that will betaken to prevent these violations from occurring in
the future.
You are required to take any necessary action to correct the above violations on or before April 30, 2011
and to provide a written response to this Notice by May 19, 2011. 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 John 1~arnell at (910)796-73$$.
Yours very truly,
a . 2tL
Charles F. Stehman, Ph.D., P.G.
Environmental Program Supervisor III
cc: APS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
Will Burke, DSWC-WiRO
DWQ Wilmington Animal Files 71-43
S:kWQSIANIMALS\PENDER120111NOV71-43
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