820539_ENFORCEMENT_20171231

NUR I H CAROLINA
Department of Environmental Qual

J
` J erSlAZ
JUL 5 1985
'�•.•. ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Ralcigh, North Carolina 27611
James G. Martin, Governor DIVISION OF ENVIRONMENTAL MANAGEMENT ca Thomas Rhodes, Secretary
May 31, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Rusty Barber
Route 2
Clinton, North Carolina 28328
Subject: Concentrated Animal Feeding Operation
Designation
Barber Hog Farm
Clinton, nt , N. C.
Sampson County
Dear Mr. Barber:
This letter is to Notify you that your hog farm was investigated ou
April 1,. 1985 by members of the staff of the Fayetteville Regional Office
and determined to be a concentrated an -mal feeding operation. This being
the case, you should submit applications for an NFDES Discharge Permit in
accordance with Title 15, N C. Administrative Code 2H.0223 and adopted
Federal. Regulations 40 CFH `Appendix B to Part 122 - Criteria for Determin-
ing a Concentrated Animal Feeding operation (122.54)."
This designation was made based on tbu-- following consideration: -
There was a direct discharge of animal haste from -the single stage waste
stabilization lagoon by a made conveyance into the headuaters of
G1re Swamp which eve_7y flows into Six Rums Creek, Class "C", Cape
Fear River Basin.
if you can permanently elisainate the discharge of wastewater to the
surface waters within sixty (60) days from receipt of this Notice to
submit permit applications, a permit application will not be required.
If madificatioas are ary to permanently e, fadnte the discharge of
wastewater to the surface waters of the Stag and they cannot, or are not
completed within sixty (60) days of receipt of this notice, a Permit
application mast be submitted. For your information, the following items
are enclosed:
tOs=276U. Nor+emotbur7e11aa7 X9&73"%+
An Equd4Dpp Y / Affamgiw Ac6an Empkwu

w
Mr. Rusty Barber
Page Two
May 31, 1985
1. Code of Federal Regulations - Concentrated Animal Feeding
Operations,
2. 'Three copies of NPDES Permit Application - Short Form B
If you cannot permanently eliminate the discharge within sixty (60)
days, the Permit applications will be processed. Said Permit will contain
a time schedule leading to the completion of constiruction of an aminal
waste management system not discharging to the State's surface waters. We
know from past experience that excellent advice with regards to managing
animal waste may be obtained from the N. C. State University's Department
of Biological and Agricultural Engineering at 919%737-2675.
Permit applications should be submitted in duplicate to the Director,
Division of Environmental Management, P.A. Bog 27687, Weigh, Varth
Carolina 27611. Assistance, if desired, can be obtained by contacting
Mr. Grady Dobson in our Fayetteville Regional Office at 919/485-1541.
Should you have any questions regarding this matter, do not hesitate to
contact us.
Enclosures
cc:� NCSU, Biological. and
Agricultural --Engineering
Sincerely,
C)MUN4 _ SIGNED SY
WiLMS
B. Peal Wilms
director

DIVISION OF tAL mAMEMT
May 7, 1985
M-EMORANDUM
-,
TO: Lee Fleming, Chief
- Hater Quality Section ;
FBO M. J.- Noland, Regional Supervisor
Fayetteville .Regional Office
,
SUBJECTS Concentrated Animal Feeding Operation
Rusty Barber Hog F=m3) i
!. Clintvn,'North Carolina: ,
3anpson_ County 3`
On Monday April -1. • .1985, Mr. -Grady Dobson, Env iroi�maental ,Engineer.:
i
--Fayetteville Regfonal-Office was conducting:'ift 'Investigation In response :`
Y_; • `-
'oto a complaint 'receia+ed 'fxcr a?'Mr. Clayton Straugn of Clinton. N.C., regarding
"R
a discharge of hog -waste frog•a waste'• siabil:ization'lagooi%- at the. Rusty
_
Barber Hog,Farm. Mr: Dobson's,investigation'revealed_that the Maete was
'flowing' fram a nen-made opening at the back -of the lagoons through Mr. 5traugn s,
t'
-initial pasture which borders the headvraiers of.- G:Umre Swamp -Class ,^C", Swamp
;Cape Fear River Basin and -eventually -flogs ns into Six Ru.Creek, Class "C"'
Cape -Fear- River Basin. The -farm is - a .-farror'sing-►feeder pig operation which
'
consists of 2,400-2,500 'saline. less. than. 55 lbs, approximately 500 soars,' °and
= • ., ;
aporoxririately.,20 boare at all 'tines. • There- ars .four -•(4)' hog containment
` ;buildings `200' lar 30' housing the -farr6wiug operation, pig nursery, and
gestatian' :areas. All• houses discharge into .a, single Stage' lagoon system,
(approximately 1k 'acres) it icli ' has .af direct- discharge to the State's surface
+ A- sample;=ofttbe• discharge take>a; 8pproxictately 300-600 feet, dawit�
- • t •,:
_vee+
stream l�'G 1mQre .Swamp and'the folly intg analgsis was revealemt
.
MDg 150 .• j 1
'
"� •
Fecal Coliforms = 1.800,000/100 m.1 - . -
,.
- During the,coxtree of the inspection -the follarring .determinations `were .nada
;
` {
-
_. <.
in accordance'.wldh NC Administrative Code ZS.0123(a).(3)' far. a- coneentrated.
,.=. •. ,
animal feaduig' operation as described'. In 0. CPR Appendl*'B to .Part, 122
Criteria="f'o"r"'D'steiTainks A Concentrated Animal Feedin 'orpgr� atfon::.(122:56)'which
`
covers facilities' with less than 300 aniFnaI units.' : The Barber hog operation
a _
houses 2;400-2;500` swine less than `55slbe -420-'swine .weighing'
_''
,�re�iits8 _and-.
greater. tix n 55 lbs (208 animal units) • ."''
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ermine"d t occur
A. It was det .'that -a pollutant discharge does
' to 'the 'surface--vasers of the 5tnte through a man-mada w: C a' r
_<•
r ; ;ditch which is directed to =ttie surface watere.
r �t B11 The discharge does Occur .to the State's surface. waters
Jr,
.'w (Gilmore-Swamp,;,cj.ass "C" Swing}~via'• a drainage-opening
from the single stage lagoon system-whieb orfgiaatea::£rom;-'
• r -
-the-7property .of the Rusty Barber flog Farm. The disahnrge's,
•
-does occuras the result" of improper waste management
`practices' and ,is not-the result of 25 year,' 24 houx,'itaia-r
;
.a
f all event: y `
Samglas vere:::o_lLected approximately 300--4� fit da�nstr44" •fromahe`�
- dingle stage, .lagoon of the 'Barber Hog Parm in th_e headwaeois of BeaVerdam-
S�ramp. ' T'hese-samples revealed the. 'folio�ri
rt_ Petal Coliform-,$ao�uool.00"ami C;
f S
��
The fecal 'coliform count_ does ` indicate a. violation of '`later quality= standards.
al
s In accordance'with field evaluation and the "Concentrated Anel; Feeding
;
Operation Regulation", the' awner should be- given notice in •accorda•ace `V1i i •: , _-` f?•
-Subchapter 24,.: Section .0123 (b)- since- the dU6ai a is having an.fadverse'
impact on the receiving stream: - :,-•'r•`'+ ' -
,
p" 1.
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_ _ _ .
It is recommended that-Che attached letter-" seat-€a RiistyiBarber.Bog Farm
uotffying thiz%q%, ine :operation that 'a permit application needs..to-be*'submitted
w +
or the discharge, -ell-I.nated ' within 60 days, In, accordance with - i 6ith. Carolina.
• -
Adt InUtrative Code add. Code of Federal' Regulations.. A,
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DIVISION OF ENVIRONMENTAL
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REPORT TOS At
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time Begin Date En
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NH3as N 610 ma/l.
Ni - Nickel 1067 ug/1
C H 41,349 mg/l
total 1002 u /l
iK os N 625 m
P 1 uall
CO Low 335 m /
Chl a: M 322 t7 u I
NO3 Ps N630 M11
S - Antimony 1097 U1111
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Chi a ,Corf-32202 ui/
PO4 as P 70507 m/
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Pheophypin 9 3 213 ug/1total
os P 665 mil/I
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Color : true l—C
P:Oisiolveid as P666 m f
Coliform4k,bo total I OS /1 ml
Chromiurn: Hax.1032 u /t
A— jilver.77 u
Residue f4oal Soo4 1 r•.'I / I
C ani a 720% i m /I
AI — AWminutrt 1105
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Fix d 5fu m /I
F rural eh 71880 m /I
Ica- Wtium 916 mg/tmg/t
Scan Organophosphorus
Residue: d d 530 m /I
and Oils 556 mg/!
Cd^ C.drnim 1027 u
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St.,rr eY9 0 /t
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Sulf - 3 S A!`£'Ah;-1 m /
H--vitgry 71900 !
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Li " LoMun, 1132 .0mS
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Biomoss: P ri Ash FLIq 572 g/
Mn—Man Manganese 1 55 /I
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urbidir 7 NTU
Ch! a: Peri Fluro 82547 mgr
N — Sodium929 m /1
Scan Pur bks
Sampling Point
Water Temperature{'C)
DLC)'
pH
Conductance
Alkalinity
Acidify
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82243 82242
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Air Temperntura(°C)
D.O.%Saturation
Salinity $,.
Algae:FtaotingMots
Precipitation In/Qoy)
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Turbidity Severity
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Severity
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Severity
Severity
Srverrfy
Severity
Severin Y
11315
SOOBb
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1350
13
1351
1105
1300
1345
OM1/Revised 10/82 ;

j75

DMSION OF ENVKAHAGi�ffi+1'f -
Febt"ry 24. 1986-
M E M 0 R A N-D U'!i
485.MEM0RAN-DU'pi
:1 • . -
TO L. P. Benton, Jr. • ..'. - _ . T .._; .., 1 � • � a .. - . - _
Deputy Director
Division of Eaviro=ental- Management '
i; FROM t M.'J.. Noland, Regional Supervisor
Fayetteville Regional'Office
SUBaCT: Enforcepent Report. `
Unpeiv4tted Wastewater` Discharge '
Rusty Barber Pork Farm s
Clinton, Horth' Carolina .
' - Sampson Coanty
--."Plea e find attached a ataf f • report. by the Fayetteville Regional ,
Office condimning'the..mi.
'unoertted -discharge of wastewater rO as -
` animal ; feedlot in Sam eon,-Comty -by the Rusty , Barber Pork Farm'. '
.: '• - _
�= If there ie. any need for additional information or clarification: , , `
please advise. w
GD:edv s y
Attach u it
s JJam.. �� y>4 . � + +.• T � - - `i ..• .,=r - ., A � - '., ,. ;> . . } ` • s, _ - .
.� a .' • : °.., • •T• • r`� - - 1�+F . •-" s` q , ti ., s • .,e y

ENFORCP.l�T 'ACTION 1 f .
Title: 'Rusty Berber Pork Farm r = Y
' . Clinton, Horth :Carolina; Y =
Unpermi.tted Discharge. of Wastewater from
S Hog Waste Lagoon i.
;+. - a 1rVMiA _ •. •
Sampson •' - , l r � _ - i. • •Y - S r• f.'t .. - • _-
Rig oral 'Office: Fayeiteville'.2AMional -Office'
Prfncipal.Invistigation: Grad.Dobson
-:Environmental Engineer F
stater Quality Section
'r ` .Fayetteville Regional , Office
%x i f :_'; a r .7-
1. D: Nui6bers - -
i + - : _mss *• y •S LL .�� °� '• �_4"N' •` _ _ .

ilatroduct3
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•� 'a ...• • _ Y 1 d •�
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4°� '• L' IIe- ~�Wn usioa
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III. x t' andation ' ,
, - -• :'.
Anseszient_ Factorsr
APPIOU
Attacbme�nt''A -"March 2, 198'
Letter to Rus ty ;Barbar cosicernixg vaete
'
p s
handling
a
r.yAttachment '$ = M" 31, •1985
Letter regarding -Anintal Feedlot Designation
Attsc6umt C_ -_ yC
Maps showing location of Barb ez_tPork Faros
'• • Attachment A ;
Discharge Pipo` Samples
-
. .'I;ni
r
-Attachment E, ` =
Phota_grnpbs ei�tae operatic J
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Attachment -�F
Notice of Ticket �
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,Violation`
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I. Introduction
The purpose of this report is to show that the Rusty Barber Pork farm of
Clinton, Sampson County, willfully and knowingly discharged wastewater from
a waste stabilization lagoon serving an animal feed lot into the state's
surface waters without the appropriate permit. This discharge occurred
after the facility has been designated a concentrated animal feeding
operation on May 31, 1985 (see Attachment B). This report will show that
an enforcement action is warranted.
The subject discharge was actually observed on 1-20--86. Samples of the dis-
charge and photographs were taken on this date. This office has in the past
been notified by local citizens of discharges from this facility due to
various reasons. During the investigation Mr. Ray Barber, the owner's son,
could give no reason for the discharge. He stated that he had only been
working for his father for several months and that he assumed the lagoon
was being pumped onto adjacent farmland.
The total environmental impact resulting from this discharge cannot be
readily determined at this time. It appeared that the discharge had been
going on for some time due to information given to the State by the com-
plainant. There was no indication of land applying wastewater with an
irrigation system, and there was a very defined trail leading from the
discharge pipe into the surface waters.

II. Conclusion
It has been determined that Rusty Barber Fork Farm operated in noncompliance
with N.C. General Statute 143-215.1(a)(1) when wastewater continued to be
discharged once the facility was designated as a concentrated animal feeding
operation on May 31, 1985. (See Attachment H.)

III. Recommendation
It is recommended that Barber Pork Farm owned by Jasper Ray Barber be
assessed a civil penalty for the violation of M.C. G5 143-215.1(a)(1)
which reads as follows:
143-215.1. Control of sources of water_ pollution;
permits_ required. - (a) No person shall do any of the
following things or carry out any of the following activi-
ties until or unless such person shall have applied for
and shall have received from the Environmental Management
Commission a permit therefor and shall have complied with
such conditions, if any, as are prescribed by such permit:
(1) Make any outlets into the waters of the State;
It is felt that this assessment will alert Mr. Barber of our concern on
this matter and hopefully prevent future similar occurrences. Prior visits
to the Barber Farm by Fayetteville Regional Office staff and the designa-
tion dated May 31, 1985 have not impressed upon Mr. Barber the need to
properly handle the wastewater.

IV. Report - Ruses Barber Pork Farm, Clinton, Sampson County
Background Information: The Fayetteville Regional Office was first made
aware of the Rusty Barber Pork Farm during a complaint inspection performed
by Mr. Ricky Revels on January 4, 1983. During this inspection no waste-
water was being discharged from the waste handling lagoon. Mr. Revels
attempted to contact Mr. Barber on several occasions to discuss waste
handling practices but Mr. Barber made no attempt to contact the Fayetteville
Regional Office regarding this matter.
On February 21, 19$3 the original complainant again called the Fayetteville
Regional Office regarding runoff from the Barber hog lagoon and on Friday,
February 25, 1983 the facility was investigated by Mr. Grady Dobson,
Environmental Engineer, Fayetteville Regional Office. Mr. Dobson observed
that loads of fill material had been placed in the area of the lagoon to
divert surface runoff around'the lagoon. Also, it was observed that the
lagoon's liquid level was level with the top of the dike and to.the
point of overtopping. It appeared that the facility had on hand the necessary
equipment (spray irrigation system) to land apply the lagoon's wastewater
and there would be little difficulty disposing of the hog waste by land
application. Mr. Dobson was also unable to make contact with Mr. Barber
to discuss the animal waste handling practices at this facility. Since
Mr. Barber has a contract with Carrolls of Warsaw to grow feeder pigs,
Mr. Greg Brown, manager of swine operations for Carrolls of Warsaw, was
advised of the situation. Mr. Brown notified the Fayetteville Regional
Office by telephone that he had personally contacted Mr. Barber and that
wastewater was now being land applied on adjacent farmland. Mr. Barber
was notified of our investigation by letter on March 2, 1983 (see Attach-
ment A). During the fall (October, 1983) and spring (April, 1984) the
Barber Hog Farm was observed by various members of the Fayetteville Regional
Office and the facility appeared to be in compliance by land applying the
wastewater.
On April 1, 1985 as the result of another complaint from a local Sampson
County resident, the Barber Hog Farm was again investigated. During this
investigation a ditch was observed in the dike which allowed wastewater to
flow overland into Gillmore Swamp "Class C Swamp" and eventually into Six
Runs' Creek "Class C Swamp" CFRB. Mr. Barber was advised to close the ditch
and cease all discharge. On May 31, 1985 (see Attachment B) the Rusty
Barber Pork Farm was designated as a concentrated animal feeding operation.
Mr. Barber was advised by telephone how the designation would affect him if
the discharge continued,and it was the opinion of Mr. Dobson who talked with
Mr. Barber that he did indeed understand the designation process.
On December 3, 1985 Mr. Grady Dobson, Environmental Engineer, was contacted
by Mr. Miles Fowler, attorney on behalf of his client --a local Sampson County
resident, regarding the discharge of wastewater from the Barber Hog Farm.

IV. Report - Rusty Barber Pork Farm (continued)
Mr. Dobson explained the Animal Feedlot Regulation to Mr. Fowler and on
December 5, 1985 personally inspected the Barber Pork Farm waste lagoon.
Mr. Dobson investigated the lagoon and found no discharge. However, since
the last inspection on April 1985, a 4 inch 20 foot long aluminum irrigation
pipe had been installed in the lagoon dike wall. The pipe was capped with
a standard irrigation end plug and there was no discharge from the pipe.
Mr. Dobson advised Mr. Barber of the consequences if a discharge was ob-
served, and Mr. Barber stated that he planned to pump the wastewater onto
adjacent farmland once the soybean crop was harvested. Mr. Neal Andrews,
Vice President - Carrolls of Warsaw, was notified on December 5, 1985 of
the situation at the Barber Hog Farm and he stated that he would have his
staff contact Mr. Barber to advise him of proper animal waste handling pro-
cedures. Mr. Andrews notified Mr. Dobson on December 6, 1985 that Mr. Barber
had been contacted and waste management was discussed.
On Monday, January 20, 1986, a Sampson County resident notified the Fayette-
ville Regional Office that the wastewater lagoon at the Rusty Barber Pork
Farm was discharging wastewater. This complaint was investigated on the
same date by Mr. Grady Dobson, Environmental Engineer,and Mr. Ricky Revels,
Environmental Technician, Fayetteville Regional Office. The investigation
revealed that the facility did indeed have a discharge from the lagoon from
a manmade conveyance (4 inch irrigation pipe which had been observed on the
previous inspection on December 5, 1985) into the headwaters of Gillmore
Swamp "Class C Swamp" (see Attachment C) which eventually flows into Six
Runs' Creek "Class C Swamp" CFRB. Samples at the discharge pipe were taken
(see Attachment D), photographs of the discharge pipe and the entire facility
were taken (see Attachment E), and issuance of a Notice of Noncompliance
Ticket was given (see Attachment F) to the assistant operator, Mr. Ray Barber.
The. end plug appeared to be intentionally removed from the pipe. The plug
was located above the pipe on the lagoon dike approximately 10 feet from
the discharge point. Mr. Ray Barber was advised that the discharge should
cease immediately and that the pipe must be removed from the dike. Mr. Ray
Barber agreed to remove the pipe and eliminate the discharge. On January 22,
1986 the lagoon was again inspected by Mr. Grady Dobson, Environmental
Engineer, and Mr. Ricky Revels, Environmental Technician, Fayetteville
Regional Office. The aluminum pipe was still in place and a discharge of
approximately 1/2 gallon/minute was observed. Although the end plug had
been installed it was not perfectly sealed and wastewater was discharging
slightly. The wastewater had a reddish wine like color (likely due to algae)
which could be observed in Gillmore Swamp and Six Runs' Creek downstream
from the hog lagoon discharge. There was no reddish color observed in Six
Runs' Creek upstream of the lagoon discharge.
Since there were no stream samples collected on the January 20, 1986 inves-
tigation, a follow-up inspection was conducted on January 22, 1986 to evaluate
the impact on the receiving stream. Stream samples were collected on

IV.
Report - Rusty Barber Pork Farm (continued)
January 22, 1986 for the purpose of showing that the discharge was impacting
surface water; however, the sampling did not establish a water quality
violation since five days of sampling would have been necessary to do that.
The first sample was taken approximately 150 feet behind the lagoon in the
headwaters of Gillmore Swamp downstream of the lagoon and sample two (2)
was taken approximately 1000 feet downstream at a location where the main
run of Gillmore Swamp becomes Six Runs' Creek "C Swamp", CFRB. The reddish -
wine like color was observed at both sampling locations but not upstream in
Six Runs' Creek. D.O. readings at sample point one (1) and two (2) were 4.0
mg/l at 5'C and 8.5 mg/l respectfully. The instream D.O. at point two (2)
was in compliance with water quality standards for a class "C Swamp" stream;
however, with a water temperature of 5*C, a D.O. of greater than 8.5 mg/1
would have likely occurred without the presence of the wastewater. Sample
analysis for samples collected on January 20, 1986 and January 22, 1986
revealed the following: (See Attachment C for sampling locations.)
Sample Date
Location
BOD
Fecal Coliform Bacteria
(1) 1-20-86
At lagoon dis-
190 mg/1
9,500,000/100 ml
charge pipe
(2) 1-22-86
150 ft. below
69 mg/l
3,500,000/100 ml
lagoon discharge
in Gillmore
Swamp
(3) 1-22-86
1000 ft. below
23 mg/1
290,000/100 ml
lagoon at
Gillmore Swamp's
entrance into
Six Runs' Creek
On February 3, 1986, the Rusty Barber Pork Farm was inspected by Mr. Grady
Dobson, Environmental Engineer, and Mr. Paul Rawls, Monitoring Technician,
Fayetteville Regional Office. The 4 inch aluminum pipe had been removed
from the lagoon dike and all discharge had ceased. The water level in the
lagoon appeared to be approximately one foot lower than on the January 22,
1986 inspection. There was no evidence that adjacent farmland was utilized
to dispose of the wastewater nor was it observed that there was a pump or
other irrigation equipment in place to land apply wastewater. The complainant
stated that when the pipe was removed from the dike, some wastewater drained
through this opening; thus resulting in a lowering of the lagoon. The fact,
however, cannot be documented or confirmed by the owner.
Additional stream samples were taken on February 3, 1986 to measure the
impact on the receiving stream (Attachment D). As was previously observed,
the reddish -wine like color was still present in the receiving stream below
the lagoon; however, the color was not as defined as on previous inspections.
Two (2) downstream samples and one (1) upstream sample were taken, revealing
the following results: (See Attachment C for sampling locations.)

Fecal Coliform Bacteria
7,400/100 ml
380/100 ml
L 10/100 ml
The analysis above indicates the presence of wastewater and shows that the
discharge is impacting Gillmore Swamp and Six Runs' Creek. The results
show that there were no elevated fecal coliform counts in Six Runs' Creek
upstream of the Barber hog lagoon.
During the course of the investigation, a copy of the deed from Mr. Barber's
farm was obtained from the Sampson County Register of Deeds' Office. (See
Attachment G.)
IV - Report
Rusty Barber Pork Farm (continued)
Sample Date
Location
BOIL
(2)
2--3-86
150 ft. below
6.4
mg/l
wastewater lagoon
(3)
2-3--86
1000 ft. below
3.9
mg/l
wastewater lagoon
at Gillmore
Swamp's entrance
into Six Runs' Ck.
(4)
2-3-86
Six Runs' Ck.
0.7
mg/l
approx. 200 ft.
above the con-
fluence of Six
Runs' Ck. and
Gillmore Swamp
Fecal Coliform Bacteria
7,400/100 ml
380/100 ml
L 10/100 ml
The analysis above indicates the presence of wastewater and shows that the
discharge is impacting Gillmore Swamp and Six Runs' Creek. The results
show that there were no elevated fecal coliform counts in Six Runs' Creek
upstream of the Barber hog lagoon.
During the course of the investigation, a copy of the deed from Mr. Barber's
farm was obtained from the Sampson County Register of Deeds' Office. (See
Attachment G.)

V. Assessment Factors
VIOLATOR: Rusty Barber Pork Farm
IDENTIFICATION NUEBER:
REGIONAL OFFICE: Fayetteville
1. Degree and extent of harm and risk of harm caused by the violation(s):
The lab, analysis from this wastewater discharge documents the presence
of wastewater and indicates that the continuation of this discharge
could cause serious surface water problems in the future and could
result in a fish kill.
2. Number of violations:
(Total - 1) Discharge of wastewater without the appropriate permit.
3. Duration of violation(s):
The discharge was actually observed on 1-20-86 and 1-22-86. Prior to
designation of the subject swine facility, it is believed that waste-
water from this facility has been discharging on and off since our
initial investigation on 1-4-83.
.11 4. Degree and extent of violation(s):
Rusty Barber Pork Farm'.s discharge of wastewater from an animal waste
lagoon constitutes a violation of N.C. GS 143-215.1(a)(1) concerning
discharging to the States surface waters. Prior to this violation the
facility was designated as a concentrated animal feedlot due to the
discharge of wastewater.
5. Cause of violation(s) -- (intentional,. negligence, or otherwise):
Mr. Barber was advised on numerous occasions in person, by letter, and
by telephone of the importance of animal waste management. Apparently,
Mr. Barber intentionally neglected our recommendations and allowed the
wastewater to discharge from the wastewater lagoon.
6. Economic benefit gained by violator by noncompliance:
It appears that the only economic benefit he would have received would
be the actual pumping costs'of land applying the wastewater onto adjacent
farmland. Past conversations and observations of the facility revealed
that the spray irrigation equipment is readily available.

V. Assessment Factors (continued)
7. Type -of violation and ge_n_eral nature of business (i.e., individual vs.
large corporation):
Mr. Barber is an independent grower of swine contracted with Carrolls
of Warsaw and no other income is known.
8. Violator's history of compliance or noncompliance:
Since the first inspection of the Rusty Barber Pork Farm on January 4,
1983. wastewater discharge from the wastewater lagoon was suspected.
Not until April 1, 1985 was a discharge actually observed. After the
designation process was completed Mr. Barber apparently continued the
wastewater discharge intermittently and on January 20. 1986 the waste-
water discharge was again observed from this facility.
9. Violator's degree of cooperation (including efforts to prevent or restore).
Mr. Barber's cooperation has been poor. He was advised on several
occasions to better manage the wastewater handling -practices at his
facility and has apparently ignored all recommendations by the Division
of Environmental Management. Mr. Barber has failed to provide infor-
mation regarding wastewater management practices and apparently chooses
not to comply with N.C. GS 143-215(a)(1).
10. Costs of detecting violation, defining its extent, and bringing enforce-
ment action:
STATE FUNDS EXPENDED FOR INVESTIGATION
Name of Investigators Time Spent Rate per Hour Cost
Grady Dobson 38 hours $15.88 $603.44
Ricky Revels 10 hours 11.63 116.30
Paul Rawls 5 hours 10.66 53.30
Analytical Cost
Laboratory Analysis 108.00
Film and Photograph Developing 24.65
Transportation Miles Rate per Mile
State vehicle 281 20� 56.20
TOTAL COST OF INVESTIGATION $961.89

V. Assessment Factors (continued)
11. _Mitigating circumstances, such as noncompliance attributable to government
or factors beyond violator's control:
There does not appear to be mitigating circumstances. Rusty Barber is
aware the state law (NCGS) prohibits the discharge of wastewater into
the State's surface waters without the appropriate permit and he inten-
tionally ignored the law. Also, due to the "unseasonable dry weather",
Mr. Barber has no reason to say that the wastewater could not be land
applied due to weather conditions.

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hr. Jaapor Barber
Page, 2
March 2, 1993
Since it appeared that your operation had on hand the necessary
equipment (Spray Irrigation System) to land apply the lagova's w to -
voter, thare ahould be little difficulty to properly disposing of the
bog wasto by Lad application. It is recousiandad that a freeboard level
of at least 2 feit..4e maintained in the waste stabilization Lagoons at
all times.
Mr. Dobson has also baa =R&ble to sake Contact with ym to discuss
your waste haxWlIng practices. Kr. Dobson was advised that Carroll's
poeds, Inc. of Waraaa► has a masted interest in your awins operation,
therefore, Xr. Cres worn, $vivo Operations Xonager, Carroll's goods. Inc.
baa bees advised of the subjoat situation and has indicated he will further
discuss this aattes wttb you,
In order for to to coaeplots our investigation, please acknowledge receipt
of theta letter and outline your wastewater handling practices.
Thank you for your cooperation is this matter gad plwe feel free to
�etact Nr. Grady Dobson of this office at (919)486--1541.
ect Carroll's foods, Inc.
Sincerely,
Dennis R. rRamney
RaKional Supervisor

� arracHMl:rrT B
04�
85
ENV. MANAGEMENT
FAYnTEVILLE REG. OFFICE
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Sueet * Raleigh, North Carolina 27611
James G. Martin, Ckwcrnor DIVISION OF FMIRONKENTAL MANAGEMENT cA Thomas Rhodes, $canary
May 31, 1985
Mr. Rusty Barber
Route 2
Clinton, North Carolina 28328
Subject: Concentrated Animal Feeding Operation
Designation
Barber Hog Farm
Cling_ N. C.
Sampson County
Dear Mr. Barber:
This Letter is to notify you that ye= hog farce was investigated on
April 1, 1985 by members of the staff of the Fayetteville Regional Office
and determined to be a concentrated animal feeding operation. This being
ttie case, you should submit applications for an NPDES Disr-barge Permit in
accordance with Title 15, K. C. Administrative Code 2H.0223 and adopted
Feil Regulations 40 CFA "Appendix B to Part 122 - Criteria for Determin-
ing a Concentrated Animal Feeding Operation (122.54)."
This deslguation was made based on the following consideration:
Ytrere was s direct discharge of aatarsl waste from the single stage waste
stabilization, lagoon by ra man-usde conveyance into the headwaters of
C11nore Swamp which eventually flo%m 3ata Six Runs Creek., Class "C", Cape
Fear River Basin.
If you cea peramu ntly e. iuoate the discharge of wastewater to the
surface waters vithin sixty (60) days from receipt of this notice to
Subaru permit applicstioes, a peradt applf.catiou vill not be required.
i If modifications are necessary to y ellaimte the discharge of
wAatemaRter to the W4rfa4x waters of the State and they eaasaat, or are not
cOmPlcted within sixty (60) days of receipt of thio notice, a Permit
applicatfoa coast be submitted. For your information, the following items
are en -1 sed:
PJ0 6m 276H7, RAc*4 Nardi Cwc&w 2701.75E7 TA..&-.-- — —

Hr. Rusty Barber
Page Two
May 31, 1985
1. Code of Federal regulations - Concentrated Animal Feeding
Operations -
2. Three copies of NPDBS Per dt Application - Short Form B
if you cannot permanently eliminate the discharge within sixty (60)
days, the Permit applications will be processed. Said Pemit will contain
a time scbedae leading to the completion of Constkuction of on animal
waste wsnagesent system not discbargidg to the Staters surface waatere. We
imor fr,=' past experience that eaccellant advice with regatda to msne6fts
animal waate say be obtained frac the H. C. State Universityle Departmwt
of Siolagical and Agricultural &W neerl atg at 929/737-2.675.
Permit applications should be mAndtted in duplicate to the Director,
Division of Environmental Haaage=mt. P.O. Roz 27687. Raleigh. H tb
Carolina 27611. Assistance, if desired, can be obtained by aratecting
Hr. Grady Dobson in our Fayetteville Regioml Office at 919/486-1541..
Should you have any questions regarding rM wetter, do not hesitate to
contact us.
sincerely.
. jN*L SIGNED BY.
FAUL WiLMS
R. Pans IIilms
Director
Paclomwes
cc: Kau, Biological and
dgrlcmltural

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1T
`•
All tinilyt 41
T r
etl! q
uMhO
1— t 1
1
Am
18Alkalinity
AlMghn F 41
m
I m r Wo. 7
/
M-
^i
� !
19
112&i
mass. 112
2011-visidit.Ch1
PLO ftwo 82547
A
B
Somp inq Point
Water lelrnperotlrre( Cj
D.0
PH
Con arlon4e
X111,01ropy
Aci ily
at23'C1:2244
1q4
H 1.3
PH 4.S
4,5
PH 6.3
P1 r t
I
S
431
02243
92247
Seclhi (Meted)
Air Temporawre tx
0, .t oltigoban
Salinity L
Ago■ Ftool inp Mats
Preclpnotion IM
rl
4u Cairo:
Wi trace
p
Win orre
. Sevalty
145
II•orlart
/
10
301
490
Mr Soli •a •
Dea it
Tw6idily Sever F9y
or, ImosP •r•
Streom Flo.
Oelerpent u s
1 - rause
Floalin�
it
Si e• Se•erify
M.w(ailllil l
Mt
Sorority
Severity
savorily
11351
Swanty
11305
Savorily
SeverH y
500
1340
11330
1300
1346
11115
OMVRe.ised 14x82

1'lfl
ATTACHMENT D _
Division of Environmental Management
CHAIN OF CUSTODY RECORD F Y�TfcVt21F 'EG. OFFICE
Por Investigation of
Samples collected and DKI arms completed by
�e11moulbstjad}by(Sigaat t s Hive by(Si tur : Date / Tine
Rec by
1 Rec by
Rel R*c by (Lob) /
[had of Shipment: } C4<1�
Seal by: " roken b ;
Security Type and Condition: Lock by: Open by L. .1
LAB USE ONLY
,lV ,M.111.I
00=10 ..
�r
r�

1
2
3
a'
5
6
7
8
4
10
11
12
13
14
IS
16
17
18
19
20
A
5
•
ti — 1EMP
A!Ya—M�....FAUTT€VILLE REG
N :>. PT. OF NATURAL RESOURCES BEC<>NITY
larooss,► S72
•
r f
OfgPMENTLAA
µ
r idr+
kiVilkA
Chi2; ftfj flw 2754719
DIVISION OF ENVIRONMENTAL MANAGEMENT
REPORT 10AR R:R
M11O. RROwa@O
wl10, wSVO.TS WATER QUALITY FIELD -LAS FORM (OM11
Fron, f th er
Other
1
Shipped by: Ew(Couri
blher
SAMPLE TYPE
DATA ENTRY
Samp k -n Paino
or•r e+wpertifur01 Ci
AMOIENI El EMERGENCY ❑SPLIT COMPLIANCE
Doo RANGE
SEED
v S ��G r ✓ ` o
► ><--•_
CHLORINATED:
Acidi►y
//yy
tf I>n4
" . /1 C C ��. , a
1aiion kvfnrmv.
bole Begin (yVimmildd I
ime earn
DolikInd lit"sEnd•P+
M 08 DBM
Volvo I ype ConlPesireType
PH 1.3
:4z?X
1 r9I 1��
ll'�v
1
A
H L i S 1
C d G11kk
1
2
3
a'
5
6
7
8
4
10
11
12
13
14
IS
16
17
18
19
20
A
5
•
ti — 1EMP
A!Ya—M�....FAUTT€VILLE REG
0M 1IRr,i+•d 10/C1
/
larooss,► S72
•
Mn—Mv n h
/
r idr+
1
Chi2; ftfj flw 2754719
/
Pur blas
Samp k -n Paino
or•r e+wpertifur01 Ci
Con uclonte
Alkolinily
Acidi►y
PI r t
10.0
ar23'C
PH 1.3
PH 4.5
PH4.S
PH 1.3
300
12
431
17243
42
Srctki •ter►i
Air TernPeratrre(Y
0, .1< o►wol on
—94241
So inity L
A r IoafinQ Marl
►retlPuaiion N
y1
Cor o�p:ti
wi r•t1 on
•y.
win Force
�76.
3ererify
L•orlort
70
301
440
1315
4
T
+ 1•
Dead is
ri+y
r: Atmosollwere
S11•om flow
Suds
r•a.•
it
3 rily
�11=311lw0111
'
Severity
Severity
Sry
=1i1np00111340
1350
1 0
1151
1305
1300
1343
1 I
0M 1IRr,i+•d 10/C1

' � 1
Division of Envirc=eutal Management
CHAIN OF CUST10DY RECORD
For Investigation of
Samples collected and DKI forma completed by:
7 t�
.ab Only Station.
Lab'Ho. No. Station Location
AMA
1
2f 1986 t Y`
ENV. JJJ,.' A(-4,MENi
WiTTEVI& REG. OFFICE
/Date
�
No. o
Re Ln uid by(Si to e):ived by gaature): Date / Time
Rel Ree by
Rel Ree by (Lab)
thod of Shi went•
Seal b Broken b
Security t and Condition: Lock b en b. :
LAB USE ONLY
7—Lib No.
Fr ..
.. �.
'
�.:... � -�+ -
.. ars ,��'✓��..,"'�'%�...A
., � �
�i

N.PT. OF NATURAL RESOURCES & COONITY
DEVELOPMENT 1LIdtlu'�AE.l149491: r
DIVISION OF ENVIRONMENTAL MANAGEMENT iDATE AtcifyiR
REpOtt TO: yEl10. mm Ito. WoRO WIRD, WSRO. TS
011ie►� , WATER QUALITY FIELD -LAO FORM (OM1) 0
B.ca-b,r- ' I F,o,n e1,Lcaufi.r-Olh.,
Shipped by: Ein, Gwiier?OIMa SAMILF IYPI Qwb E1iTax Irl - - [K:-
- �AMtiIENT
EMERGENCY k..iSiIIT�/� �COl111►li�N;! .�
CS?il.���IStSift ,/ , . . -
r _
BOD RANGE: SEED: SJATK]N iO=IC)N''' �"}-• :• �. �` ` .0 ':•� �,� .LLD-. - - - _ . _
' V
CmtMHATID: REMARKS'
Slolion u+ti er at•felfin ryK 1- Int DqE., n C llimlawwj 06psh RM 06 cam Volvo Type Co+wpolil. o+pType
A H 1 1 S t C a 4F4xx
1
AL
3 _
4
5
d
7
8
9
10
11
12
13
14
1s
16
17
18
19
20
A
8
C
:to-- 33S
fn/fngfl I
Khl a Trai
!
MFF 1
- �Jr� r' "i
hl
lswifide 745HQ-M*r(wr
So MP 1,nq wo.no
11L
F, 22209
1"9/
aLM:MF lg!jj4 31SP4
/
13
VvililI
g!=tAo Fjxul3l6l5
/ 100ml
l<alQT:Tr4*
M -
1,1- Twb4 Total 31505
/19224
h,r»in+:Hql&, 1032
IA2-
dug talal 120
Mf/I
Syggidlrn
/
til
m /
flygr&251/
47
Fined SIO
�..-.`
-0/1
F
a / -
ilo.l, 12 0H4 4j§
m2/l 1
1 lutpott411
R+ ,
r- prom I
;it;ditr 10 PH R 3 43S
ni/I
lswifide 745HQ-M*r(wr
So MP 1,nq wo.no
11L
kalini+ ic gm 6 3 41
1"9/
cili COM4. 9S
ANctiMy
i y Lithig 1
kalinil 410
T /dim
1: Dry Wt. 573
/
M -
PH 4.S
d5121-011:-Pui 572
11
vim
Mn -Mon
._�:�:... ,
uru
f 1.1 . ■..: H..... R? SA 7
431
V /
S1.--rir,.... Y1a7 ....�+
iLL.E RE konc;d H.,6
OMI/we.i►ed 10182
So MP 1,nq wo.no
Wnl■, 1.1-pwralu,0 Cl
DO
Can uclonce
ANctiMy
Aci ily
lr a t
1300
at ?SIC
r0 194
pH 4.3
PH 4.S
pH 4.5
PH 6.3
431
42743
47
5■I.hi (Mole's)
Air 1*1-pn01uro1'C
tlluration
Salintly:, AlgnrF{Doling Maps
hecipltalion n/
Y1
C o11 ore,:t
Wi .real on
*9
Win Ora.
10.0=
Ser.,ily
1490 1112114S
toaulort
7
20
301
7
! r Sell tl a
He
Dec i!
IVTbi ily, Sever'Ily
ar.Irna/p or/ S,,&arrl aW
NHplpnl y i
� '.ase
Floati" is
SI e,ily
Molra(miltiHr+
Seraily
Se..rily SW.rily
Sfrerlly
Severity
S.Yeriiy
5006e
1340
1350
I 1351
1305
1309
11315
OMI/we.i►ed 10182

FEB �_ 1986 + �:
Division of Eavironsental MtaaSexeat
C1R41H OF CUSTODY RE= ENV. MANAGEMENT
FAYETTEViLLE REG. OFFICE
For investigation of
f SamPlea Collected MW &a foga completed by= I 4,
= a
I. _ i
LAN USE ONLY
ga1�= r,=�

TVAI.. ,
: .
�•
LG
-w2 \
�
_ _
a�
e
._l§ƒ,
w�%
§
•/ R 6 9
�

Ur
!30 '
•� ^- :`'wT.:�i. ;.\-r�`e`f - �� `,'�'a��
,•L•,�'1 •. •••►�:��y � � a ;iii . � l; 1� �• .i t- _

- "'• ATTACHMENT E
�k�8 FVC., `• �' Vr'.;r °N� „^ s,x
+'ice
� fhb 1 n•1.v mi.- �„�; d""s ,Y,,,ay.�. e;��$� �� �,•�, 1 ' . � �, � 1 �'�,
_.yam•: s � _ '• ��.k,1 � � �f � � � �. � r ,et rr - -� � � 7 „;'"S •�.C�- .
SWINE LAGOON LEVEL ON JANUARY 20, 1986. LEVEL IS ALMOST TO POINT
OF OVERTOPPING.
SWINE LAGOON LEVEL ON FEBRUARY 3, 1986. ELEVATION
OF LAGOON LEVEL IS APPROXIMATELY 1 FOOT LOWER ON
THIS DATE.

ATTACHMENT E
SWINE LAGOON LEVEL
OF LAGOON LEVEL IS
THIS DATE.
ON FEBRUARY 3, 1986. ELEVATION
APPROXIMATELY 1 FOOT LOWER ON
SWINE LAGOON LEVEL
OF LAGOON LEVEL IS
THIS DATE.
ON FEBRUARY 3, 1986. ELEVATION
APPROXIMATELY 1 FOOT LOWER ON

- -�•� �3.t�h� '� f -�i.� ,�! tit.,: t, - .= �;. _. '�._ �: .
'-
its!
'•,�•-ti's •� _ ':,f ' �. i s - -+ :+-•'tn-
A.7c = :j0 �'�i!��..�- �y I.�• 1�i;,•�:: tl t „=,�Si
t� ` ��:. Mfr=tit;
� �?
/✓"•� _-S � 1•r �'V 1 ? ^yam_ ,� .t��-(� � t• :`•"�1. �•Y lI L! l:
_ �_ � - e'er-t�'i�,z,.�� l'i :^^ ' �`'s,�..x, �.-�^� .• �.�;— � � v. i �.. _ ;
y > �p4, J•'t tie riv- acs. � �^ ti +i "• -

ATTACHMENT F
NOTICE OF VIOLATION
OF
NORTH CARDSINA ENVIRONMENTAL LAW
OL ate-"'' of
name tit I a city, cov yi,
located at z
rm. corporation or company geograp i a ocat on
is hereby given notice by
Z&aju
n (title)
representing the N.C. Division of Environmental Management, that a violation of Chapter
143 Article 21. 21A or 21B has occurred at the above location on or before this the
20 of19,E The violation is more specifically described as
ate mont
Notice is also given that this is unlawful and shall be caused to cease by, /Z 3
time
Further violations will be with full knowledge of said
date
violation and that violations such are violations under the law. I,
name
do hereby certify that the above notice of violation is based
upon the following evidence.
ze
at
statil6ent of elidence
s nature
I, do hereby acknowledge receipt of this notice
na
of violation.
— 6roll,
ate signature
Note: If person receiving this notice refuses to sign for the Notice of Violation,
the Division representative shall sign for the Notice in his or her presence.
M refutes to accept receipt of Notice. I
lam, thereore. s gn ng t e t ce for him or her as follows.
for
(signature)- name of—person)
1, Comments:

ATTACHMENT G
- r
Loan Applicants BARBER - Jasper Ray (Fres-Trader) VOL 8 `,
DESCRTPTION'OF PROPERTY TO OE.USF.D AS SECURITY
1 Those certain tracts of land lying 'and. being in North Clinton
Township, Sampson County.' North' Carolina,. and more.particularly des-.' ,
cribed as follows:
FIRST TRACT: BEGINNING at a nail in the center of Public Road No.
191621 1 now corner, which nail and new corner are located South 98
degrees 5,; minutes East 3.6,5 fact from the intersection of tho L. F.
Thornton line w'r.th the center line of said public road, and runs thence.
'orlon -r the center of Public Road No. 1916 as•it curves to the right South
$5, degrees 53 minutes East 130 feet to A nail, a new corner; thence a
new line with J.'O. Barber at right angkos to the highway South 1 dcgraq
07 minutes West 200 fact to a stake, a new_Eorner; thence a new lino
with J. 0. Barber and parallel to the highway Korth 88 degrces 53 mirx-
Utes Hest 130 feet to a stake, n new corner; thence a new line with
J. 0. Barbcr North I degree 07 minutes East 200 fact t6 the boginning
corner, containing 60/100 of an acre, more or lose$ and being a liart of '
a 24.77 acre tract described as tfic first tract in dood recorded in book
59'5, pn!!e 354, of tho Sampson County Registry; and is according to A
survey and.map thereof by W. Fleet Moore, R. S., dated November, 1976.
• SECOND TkACTs Beginning at a joint corner between Lots l and 2 of' the
Lillie Barber Division, and runs thence with the dividing line between ,
said lots South 53 degrees 55 minutes 08 seconds j:ast 170 fact to an
iron stake; thence another dividing line between said lots North 36
degrees 04 mimites 52 seconds East 546.43 feet to an iron stake; thcnco
to and then wit:. a dividing l2no between Lots 2 and 3'of ti,o Lillie Barber
Division South 11 degrees 18 minutes 32 seconds East 517.62 feet to an
iron stake; thcnco a new line South 64 degrees 21 minutes 40 seconds
Nest 505.95 fact to an iron stake; thence another new lino North 29
degrees 03 minutes 28 seconds'Ifest 186.39 feet to an iron stake; thcnco
A -dividing line between said Lots 1 and 2 North 36 degrees 04 minutes
52 seconds East 435.39 foot to the beginning point, containing 6.48
Acres, more or less.
TOGETHER with the right of ingress, ogress and regress over.thc parcel
of lard running from K. C. E::ehway 403 to the Southeastern corner of
tho land herein describad,,and boring the parcel located between points
1, 2, 3 and 4 shown on.map prepared by Charles L. Matthio, Sus•veyor,
entitled Flap of a Portion 'of Della T.' Barber land, prepared on May 6,
1951.
THIRD TRACT: Beginning at an iron stake, a joint corner between Lots
and 3 of the Lillie Barber Division, and being designated as corner
No. 13 as shown on a map'antitled "Flap -of a Portion of Bella T. Barber
Land", said beginning corner NP.'13 bc:ng located South 78 degrees 14
-minutes 48. seconds Nest. 2599.00 Feet, and North ll, degrees 1S minutres
37 seconds vc'%t JllS.98-fact from a P. K. -nail centered bntwcon bridge
guard rails (cbnterline of State Road 1904) in concrete bridgo dock
directly above the eentt,r of Six Runs Creek, said bridge being located
s- 2.3 miles Northeasterly alone State Road 1904 from its intersection with
K. C. Mahway No. 403 running thcnco' from said beginning corner No. 13,
so located, with the line of Parcel No. 1, North 11 deg•:ecs 18 minutes 32
seconds Nest `^3.74 feet to an iron stake, a corner of Parcel No. 1 in
the line between Lots 1 and 2 of the Lillie Barber Division, and being
des11:natcd as corner No. 9 on said map; thenco with said line NorLh 36
degrees 04 minutes 52 seconds East 290.00 feat to an iron 5tnl.c, a new
corner in said line, corner No. 10 as% said map; thence a nc:. line South
69 deErens 05 minutes 33 necondv Ess: 365.26 foot to an is cn s-.tal.c; L11c laCu

r
Ok
r
a now line South 11 degroes 18 -minutez .32 seconds East 193.74 feet to
.an iron stake, a now corner in the 1-ine between Lots 2 and 3 of the
Lillie Barber Division, and being designated as corner No. 12 on said ,
reap; thence with said lino South 76 degrees 41 minutes 23 second. hest
525,00 faet to -the beginning, containing 3.52 acres, more or less,
and being all of Parcel No. 2 of a portion of the Della T. Barber land,
as scrim's an map prepared by Charles L. Vatthis, Surveyor, dated May 6,
1981.
Th;a doed of trust is -given SUBJ= to that certain deed of trust from
Jasper Ray Barber (single) to ,john B.. Williams, Jr., Trustee, for'
Clinton Savings 6 Loan Association securing .the principal sum of
$27,000.00, dated December -16, 1976; and recorded in gook 910,
at page 437, of the Sampson County Registry (4N ,f'IRST TRACT ONLY).
10.
t

ATTACHMENT H
NBECD - ENVIRONNENTAL MANAGEMENT T15: ' 02H .0100
(1) denial of a permit application,
(2) suspension of a permit,
(31 revocation of a permit,
14) modification of a permit which does cot fall within the
2Kcepticas listed in Requlation .0114(b) of this Section,
or
(S) determination of confidentiality.
History Nate: Statutory Authority G.S. 143-215.3 (a) (1) ;
143-215.3 (a) (4) ;
F.ff. February 1, 1976.
.0121 SUSPENSION OF BEQUIREOEVV F08 STJITB NFDES PERMITS
.13) The commission finds that an NPDES Permit issued by the
t1.S. Environmental Protection Aqency will serve in lieu of a
State Permit under 15 ICAC 2H .0104 and C.S. 143-215.1 so lonq as
the Federal Permit is valid.
1b) 11cthirq in this Rule shall prevent the commission from
eeforcinq lays and requlaticns which by their terms are
applicable without a G.S. 143-215.) permit.
History Note: St3 tutory A utbori ty G.S. 143-215.3(a) (1) ;
143-215. 1: 1438-2 82:
Etf. recember 1, 1976;
Amended Eff. December 1, 1984.
.0122 CONCLINTRATED ANISAL FRED2NG OPERATICNS
Part 122.23 of Title 40 of the Code of Federal. Requlatioas,
revised as Npril 1, 1983, entitled "Concentrated Animal Feeding
Operations", is _4ereby adopted as part -�f the Requlaticus of this
Section.
Histcry :tote: Statutory Authority G.S. 143-213(24):
143--215; 143-215. 1: 143-215. 3 (a) (1)
Eff. December 1, 1976;
Amended Eff. December 1, 1984: dune 7, 1981.
•0123 BEQUISING: EVALUATING FEEDLOT PEPRIT APPLICATIONS
-1a) Guidelines. Dpon identifyinq any concentrated animal
feedinq operation or animal feedinq operation that the staff gas
reason to believe should or could be requlated under this permit
program, the staff shall conduct an on-site inspection of such
operation, and shall make the f ollowinq determinations as a
result thereof:
s1) Por a Concentrated animal feedinq operation as
described in 40 CFR 122.23(b) (3) , does a discharge of
pollutants occur to the surface waters of the state by
NORTH CARCLINA AUyYNISTRATIVt CODE 01,/14/85 2H-18

4 r:
1i86CD - ENVIRONMENTAL MANAGEMENT TIS: 02H .0100
any means, as a result of any other than a 25 -year, 24-
hour rainfall event?
12) F -)r a concentrated animal feeding operation as
described t 40 CFR 122.23 (b) (3) ;
1A) D3es a pollutant discharge occur to the surface
graters of the state tbrough a man-aade ditch,
flushinq system, or similar man-made device; or
181 Does a pollutant discharge occur to the surface
eaters of the state wbi=b origfmate outside of And
Pass ober, across, through, or otherwise come in
contact with animals confined is the 2peration, as
a result of any other than a 25 -.tear, 24-hour
rainfall event?
13) case -by -Case Determination
1A) For an animal feeding operation not otherwise
falling within the definition provided is 40 CFR
122.23 (h1 (3)
ji) Does a pollutant discharge occur to the
state's surf ace waters through a man-made
ditch, flushing system, or similar man-made
3evice; or
_ (ii) Does a pollutant discharge occur to the
state's surface . graters which originate
outside Qf and pass over, across, through, or
otherwise gome into direct contact with
gnimals ccnfinel in the operation as a result
of any other than a 25 -year, 24 -hoar rainfall
event?
10) It the staff determines that a discharge occurs
Under either (i) or (ii) of this Paragraph, then
such an animal feeding operation may be designated
DV the 9i c&Wr, Division Qf Environmental
Management, as a gancentrated animal feedinq
operation. In making such designation, the
director .hall consider the following factors:
ji) The size of the animal feeding overations;
the amount sof waste therefrom reaching the
state's surface waters:
(ii) The operation's location relative to the
surface waters of the state;
1iii) The means of conveyance of animal wastes 3r
process waste waters into the surface waters
of the'state;
-
{iv) The degree of slope, nature of vegetation,
-extent of rainfall, and other factors
relative to the likelihood .Qr frequency of
NGRTH CAROLINA ADMINISTRATIVE CODE 01/14/85 241{- 19

NRF -CD - ENVIRONMENTAL MANAGEMENT T15; 0211 .0100
discharge of animal wastes and process waste
waters into the st.;te's surface waters:
1v) other f+tctors re la ti ve to the significance -)€
the pollution problem Sought to be requlated;
_(vi) Does a discharge of pollutants occur which
results in a violation of water quality
standards, as a result of any other than a
25 -year, _4 -hour storax event?
1b) Notice to I pply for Permit. If the field determination
verities that a discharge from an animal feeding operation or
.goncentrated animal feeding operation occurs under any of the
conditions listed in Paragraph (a) (1) to (3) of this Rule, tae
director shall give uritten notice to the owner or operator 2f
the concentrated animal feeding operation, that he must submit an
application for a hermit. The notice shall specify that if the
owner or aperatar can permanently eliminate a discharge of
Pollutants to the surzace waters of the state, by such minor
changes as can be affected within 60 days of the receipt of
notice to submit a permit application (such as, but not limited
to, diversion A autside drainage from pen areas, modifications
to lagoons, closing otf drainage ditches) a permit _qpplicati,on
will not be required. If •Jdifacations necessary to eliminate
Permanently discharges of pollutants to surface waters of the
state cannot or are not comoleted within 60 days of receipt of
notice, i Permit application must be submitted.
jc) Permit kpplic?tions. Permit applications as required by
40 CFR 122.23(3) will tie available in county extension and
regional engineers' environmental operations section offices. On
determination that an application should be submitted, the
applicant should forward support in q information required by Rules
.0105 to .0109 of this Section. Applications with supporting
dacumentatian are to be mailed to the Director, Division of
Environmental Ranageieent, p.0. Fox 27587, Raleigh, Narth Carolina
27611. on receipt 9f the application, the regional engineer,
accompanied by a reoresentative of the D.S. or N.C. Departments
of Agriculture, will conduct an inspection to determine whether a
Permit is required. If Li permit is required, tue application
will be processed. It not, it will be returned without action.
Those concentrated animal operations that can alleviate the
requirement to have a permit through minor modifications to
facilities will be given 60 days to make such modifications prior
to pr)cessinq tue permit application. on completion aF required
modifications to facilities, tae permit application will he
returned with written confirmetian that the concentrated animal
opeiration is in compliance witn these Requlations.
1d) hethodology for Esta'hlishinq a Potential for a Discharge
other Than the 24 -flour, 25-Yaar Rainfall Event. The staff sitF
NORTH CAROLINA ADMINISTRATIVE CnDE 01/14/85 2H-20

NRF -CD - ENYIROMIEHTAL IMMAGEMEM7
T15: 0211 .0100
evaluation shall include soil �htracteristics of the feedlot and
of the land area lyinq between the fPed lot and the receiving
stream; slope and other topographic gharacteristics of the
feedlot ind the area hptween the feellot, And the receiving
straam; and the total drainage area. Using the Kesults of the
site evaluation, the stiff shall use either the "rational method
for determination of runoff" or the "SCS method tar determination
of rupoff" to establish whether a discharge 2ccurs at rainfall
events of less than the 24 -hoar, 25 -gear rainfall.
�..,_ ley Impact Era In ition. Uti lixi nq the results of the site
pvaluati-3n and the runoff evaluation required is Paragraph (d) of
this Rale, the staff shall through mathematical mo4elinq
determine whether p.�llatants discbarged as a result of rainfall
runoff will cause I violation of water gaality standards at tlows
in existence durinq the run�)tf period.
if) Final Determination and Fact Sheet. Upon a final
determination that ; permit is required, tae start shall prepare
a fact sheet which delineates the reasons which have been
established for requirinq the permit, the corrective actions if
any necessary to control the discharge of Do11ut3nts, and an
implementation schedule for coo p.letincf such actions. If no
corrective actions are req uireI, the fact sheet shall
specifically state that none are r?quired and provide the
iustification for not requirinq corrective actions. Upor
completion of the fact sheet, the staff shall prepare an NPDE5
draft Permit cont-tininq a description of peeled corrective
actions and a schedule for implementation and process the permit
in accordance with Rule .0108 of this section.
History Note: Statutory kuthori tY G.S. 143-213(24) : 143-215;
143-215. 1; 143-215. 3 (a) (1 ), (4)
Eff. Decesher I, 1976;
Amended Eff. Dpcember 1 , 1984; June 7, 1981.
.0124 q ELI&B.1LITY
411 facilities discharging to craters assigned B or Sp
classification shall pravide adequate disinfection, and aiequate
standby systems which, in the opinion of the director, will
insure continued disinfecti-3n where _tae interruption of such
treatment would render the waters unsafe for primary recreation
usage. These requirements shall also apply to facilities
discharging upstream 3t D or sR waters, if an interruption in
disinfection would render the waters in the S or SB segment
unsafe for primary recreation usage.
History Note: Statutory Authority G.S. 143-214.1;
143-215.1 (h) ; 143-215-3 (a) (1) :
NORTH CAROL7N4 AD,1INISTPATIVE CODE 01/14/85 2s1-21

1
V
S
DIVISION OF ENVIRONMENTAL MANAGMENT
January 27, 1988
Mr. Jasper Barber
Route 2,
Clinton, North Carolina 28328
SUBJECT: Warning Letter
Jasper (Rusty) Barber SR 1904 Hog
Operation
Clinton, North Carolina
Sampson County
Dear Mr. Barber:
An investigation by the Fayetteville Regional Office was conducted
on January 21, 1988 in response to a complaint regarding your hog waste
stabilization lagoon. During the investigation a spray irrigation system
was observed operating thus, lowering the lagoon's liquid level. It
appeared that the lagoon had overtopped at some time in the past due to
evidence of a washout, but during our inspection there was no hog waste
discharge.
Should the lagoon overtop resulting in a waste discharge to the
State's surface waters, your facility will be in direct violation of N.
C. General. Statute 143-215.1 (a)(1) can result in an assessment of a
civil penalty. Since you have been assessed a Civil Penalty in the
past, the Division would consider this a very serious violation subject
to further civil penalty assessment.
Since it appeared that your operation had on hand the necessary
equipment (Spray Irrigation System) to land apply the lagoon's
wastewater, there should be little difficulty in properly disposing of
the hog waste by land application. It is recommended that a freeboard
level of at least 2 feet be maintained in the waste stabilization
lagoon at all times.

Mr. Barber
Page 2
Should you have any questions concerning this matter, please
contact Mr. Grady Dobson at [phone].
Sincerely,
M. J. Noland, P.E.
Regional Supervisor
GD/cbm 1(�
cc: Howard Robson

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT. AND NATURAL RESOURCES
FAYETTEVIL.LE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 5, 1498
Mr. Jasper Barber
1705 Pope Road ,
Clinton, NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Jasper Barber Swine Farm
Facility Nos. 82-539
Sampson County
Dear Mr. Barber:
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animawaste disposal system pursuant
to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On August 4, 1998, staff from the Fayetteville Regional Office of the
Division of Water Qality conducted an inspection of your swine farm
located off Pope Road in Sampson County. The inspection revealed that
the lagoon freeboard at the time of the inspection was approximately (12)
inches. At the time of the inspection the irrigation pump was broken which
resulted in the high freeboard condition. In addition, the required piping
under the highway (Pope Road) for the irrigation system had not been
installed to allow waste application on the six acre field. The bermuda grass
sprayfield adjacent to the facility has competition with other grasses and
needs improvement. The existing lagoon marker does not identify the low
point in the lagoon dike resulting in the inspector attempting to make a
rough guess of the remaining freeboard.
228 GREEN STREET, SUITE 714, FAYETTEYILLE, NORTH CAROLINA 28301-5043
PMONE 910-48&-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 60% RECVCLF0/10% POST -CONSUMER PAPER

Mr. Barber
Page 2
August S, 1998
The Division of Water Quality requests that the following items be addressed:
1. Repair the irrigation pump immediately to allow waste application on the accessible spray
field.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Install a new lagoon marker or modify the existing marker that will identify the low point
of the lagoon dike to assist the Division in evaluating the farms emergency status. The
installation of the lagoon marker is necessary due to the continued problems associated
with high freeboard conditions at this facility.
4, Contact a technical specialist for assistance in the removal of the competition of other
grasses in the bermuda grass spray field.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please pro}7de a written response to this office on or before September 5, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (310) 486-
1541.
Sincerely,
c�
4stepDA. Barnhardt
Acting Regional Supervisor
cc: Sue Homewood, - Compliance Group
Adson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carroll's Foods, Inc.

You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant
to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
- On April 7, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm
located off Pope Road in Sampson County. A referral from the Division of
�. Soil and Water stated that swine waste was bypassing the lagoon system due
to a ruptured discharge pipe from a swine house. The inspection revealed
that the discharge pipe had been cut to remove a blockage in the pipe and
had not been repaired resulting in waste discharging into the surface water
diversion ditch and runoff had occurred. Approximately 800 gallons of
�- waste had discharged into the diversion ditch prior to the discovery and a
~; .. portion had entered a ditch that connected to a tributary of Six Runs creek.
The owner (Mr. Barber) blocked the diversion ditch to prevent the runoff
upon the discovery of the problem and repaired the discharge pipe. The
-7; , ._
. lagoon freeboard at the time of the inspection was eight (8) inches.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO110% POST -CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILL,E REGIONAL OFFICE
,of,
*A,
JAMES B. HUNT
;i- -GOVERNOR
DIVISION OF WATER QUALITY
April 15, 1998
i:__-WwrNE7McDEvrrr
:SECRETARY re
CERTIFIED MAIL
Mr. Jasper Barber
h_
1705 Pope Road
• _ 'J' _
Clinton, NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Jasper Barber Swine Farm
Facility Nos. 82-539
Sampson County
Dear Mr. Barber.
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant
to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
- On April 7, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm
located off Pope Road in Sampson County. A referral from the Division of
�. Soil and Water stated that swine waste was bypassing the lagoon system due
to a ruptured discharge pipe from a swine house. The inspection revealed
that the discharge pipe had been cut to remove a blockage in the pipe and
had not been repaired resulting in waste discharging into the surface water
diversion ditch and runoff had occurred. Approximately 800 gallons of
�- waste had discharged into the diversion ditch prior to the discovery and a
~; .. portion had entered a ditch that connected to a tributary of Six Runs creek.
The owner (Mr. Barber) blocked the diversion ditch to prevent the runoff
upon the discovery of the problem and repaired the discharge pipe. The
-7; , ._
. lagoon freeboard at the time of the inspection was eight (8) inches.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO110% POST -CONSUMER PAPER

.0 12
Mr. Barber
Page 2
April 15, 1995
The Division of Water Quality requests that the following items be addressed:
1. Inspect all plumbing rountinely and curtail all makeshift repairs.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per
violation.
Please provide a written response to this office on or before April 15, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
-W
VerffT . Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carroll's Foods, Inc.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
Jasper R Barber
Jasper R Barber Farm
1705 Pope Rd
Clinton NC 28328
Dear Mr. Barber:
April 3, 1997 RECE !3 E®
APR 0 71997
REG. OF-FiCE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Jasper R Barber Farm
Facility Number 82--539
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535.
N%4)CAn
FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 5, 1998
Mr: Jasper Barber
1705 Pope Road
Clinton, -NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Jasper Barber Swine Farm
Facility Nos. 82-539
Sampson County
Dear Mr. Barber:
You are hereby notified that, having been deemed permitted to have a
non discharge permit for the subject animal waste disposal system pursuant
to 15A NCAC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On August 4, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an inspection of your swine farm
located off Pope Road in Sampson County. The inspection revealed that
the lagoon freeboard at the time of the inspection was approximately (12)
inches. At the time of the inspection the irrigation pump was broken which
resulted in the high freeboard condition. In addition, the required piping
under the highway (Pope Road) for the irrigation system had not been
installed to allow waste application on the six acre field. The bermuda grass
sprayfield adjacent to the facility has competition with other grasses and
needs improvement. The existing lagoon marker does not identify the low
point in the lagoon dike resulting in the inspector attempting to make a
rough guess of the remaining freeboard.
225GREEN STREET, SUITE 714, FAY ETTEV I LLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Barber
Page 2
August 5, 1998
The Division of Water Quality requests that the following items he addressed:
1. Repair the irrigation pump immediately to allow waste application on the accessible spray
field.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Install a new lagoon marker or modify the existing marker that will identify the low point
of the lagoon dike to assist the Division in evaluating the farms emergency status_ The
installation of the lagoon marker is necessary due to the continued problems associated
with high freeboard conditions at this facility.
4. Contact a technical specialist for assistance in the removal of the competition of other
grasses in the bermuda grass spray field.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division
of Water Quality has the authority to levy a civil penalty of not more than 510,000.00 per day per
violation.
Please provide a written response to this office on or before September 5, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either- myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-
1541.
Sincerely,
. c.r
Step A. Barnhardt
Acting Regional Supervisor
cc: Sue Homewood - Compliance Group
Willson Spencer - Sampson Co. MRCS
Audrey Oxeridine - DSWC Fayetteville Office
Central Files - Raleigh
Carroll's Foods, Inc.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 20, 2000
CERTIFIED MAIL
REIM 1� T RE!C E�IEI REQUESTED
Mr. Jasper R Barber
1705 Pope Road
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Jasper R Barber Farm
Facility No. 82 - 539
Permit No. AWS 820539
Sampson County
Dear Mr. Barber:
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 2H .0217,
you have been found to be in violation of your 2H.0217 Permit.
On February 1, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the lagoon level at the Jasper R -
Barber Farm located in Sampson County. The inspection revealed that the freeboard
level of the lagoon was less than the minimum required in the General Permit for this
facility. The General Permit condition 1I1.6.e. states: " 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 pond greater
than or equal to that required in Condition V(3) of this General Permit."
The Division of Water Quality requests that the following item(s) be addressed:
Lower the lagoon level to the required freeboard on a suitable waste application
field as soar as weather permits in accordance with your CAWMP.
2. Report the freeboard level to the Fayetteville Regional Office in accordance
with your General Permit within the required time frame.
Failure to comply with the above conditions may result in the facility losing its
General Permit and being required to obtain an individual non discharge permit for the
facility. Please be advised that this notice does not prevent the Division of Water
Quality from taking enforcement actions for this violation for any past or future
violations.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FVAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE13/10% POST -CONSUMER PAPER

Page 2
Mr. Jasper R. Barber
March 20, 2000
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding a recommendation to the Director for consideration of enforcement for this
violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than $25,000.00 per day per violation.
If you have an explanation for these violations that you wish to present to this office, please forward a
detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by finis office on or before March
X0.2000. A copy of this rsponse will also need to be submitted to the DWQ Central Office at the
following address:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27634-1617
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is
still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr. Robert Heath, Environmental Specialist at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Howard Hobson -Carroll's Foods, Inc.
Central Files -Raleigh

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 20, 2000
CERTIFIED MAIL
IN
1.► Q J ; a! 15 #
Mr. Jasper R Barber
1705 Pope Road
Clinton, NC 28328
Subject: Notice of Violstion/Notice-of Intent
Jasper R. Barber Farm
Facility No. 82 - 539
Permit No. AWS 820539
Sampson County
0 _ _ i .. fly:
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 2H .0217,
you have been found to be in violation of your 2H.0217 Permit.
On February 1, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the lagoon level at the Jasper R_
Barber Farm located in Sampson County. The inspection revealed that the freeboard
level of the lagoon was less than the minimum required in the General Permit for this
facility. The General Permit condition 111.6.e. states: " 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 pond greater
than or equal to that required in Condition V(3) of this General Permit."
The Division of Water Quality requests that the following item(s) be addressed:
1. Lower the lagoon level to the required freeboard on a suitable waste application
field as soon as weather permits in accordance with your CAWMP.
Report the freeboard level to the Fayetteville Regional Office in accordance
with your General Permit within the required time frame.
Failure to comply with the above conditions may result in the facility losing its
General Permit and being required to obtain an individual non discharge permit for the
facility. Please be advised that this notice does not prevent the Division of Water
Quality from taking enforcement actions for this violation for any past or future
violations.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA z8301-5043
PHONE [phone] FA% 91 o-486.0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Mr. Jasper R. Barber
Manch 20, 2000
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding a recommendation to the Director for consideration of enforcement for this
violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more
than $25,000.00 per day per violation.
If you have an explanation for these, violations that you wish to present to this office, please forward a
detailed explanation, m writing, of the events noted and why you feel that this office should not proceed
with recanmendations for enforcement. This response should be received by this office on or before March
X0.2004. A copy of ttis rsponse will also need to be submitted to the DWQ Central Office at the
following address:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is
still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either myself or
Mr. Robert Heath, Environmental Specialist at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Howard Hobson -Carroll's Foods, Inc.
Central Files -Raleigh

mlp_-A�.An
BONN
lip

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
August 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jasper R. Barber
1705 Pope Road
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIANCY
Jasper R. Barber Farm
Facility No. 82-539 Permit No_ AWS 082539
Sampson County
Dear Mr. Barber:
William G. Ross Jr., Secretary
Gregory J. Thorpe, PhD.
Acting Director
Division of Water Quality
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 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On August 14, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality performed a
routine compliance inspection of the referenced facility in Sampson County. During that inspection it was noted
that the irrigation fields were predominately competition weeds rather than the coastal bermuda required by the
farm's WUP. It was also noted that weekly freeboard levels had not been recorded as required by the farm's
General Permit.
On August 1, 2001, you or staff from your farm notified the Fayetteville Regional Office of the Division of
Water Quality that the freeboard level of the lagoon was less than the minimum (approximately 18 inches)
required in the General Permit for this facility. Failure to maintain storage capacity in a lagoon/storage pond
greater than or equal to that required is a violation of your General Permit.
The Division of Water Quality requests that the follow -Ing item(s) be addressed:
1. Maintain lagoon freeboard at or below the compliance boundary of 19 inches.
2. Continue to work on weed control in the irrigation fields.
3. Record freeboard levels weekly and keep with the farm paperwork.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLF, NC 28301-5043
PHONE [phone] FAX [phone] WWW.ENR.STATE.N(`.USIENIL'
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAYER
DENR TOLL FREE HOTLINE: [phone]

Mr. Barber
5-20-01
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the
authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before September 3, 2001 as to the actions taken
or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter,
please do not hesitate to contact me at [phone].
Sincerely,
� e. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Dave Nordin -Brown's of Carolina, Inc.
Wilson Spencer -Sampson Co. MRCS
Central Files -Raleigh

•� }rye
pyx ;-
�� - � � �r. � ''��;� r - � -b G.. ,�� � _+:. � e. sg ?wti ..fix,' r •''Y.�,a a,. ye „—+� 4
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 82 539 Dare of Visit: 8/14/2001 Time. 11:311 Printed ow 8/20/2001
F Not O erational 0 Below Threshold
® Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .........................
Farm Nante:.F�15A.ef.R.B.arkl�lC. k 4tzt7t.................... County: S.gMp.5Q7tt........................................... ERQ ........
Owner Name:Ju.P,VrR................................ $.alr.4gr........................................................ Phone No: 9a.Qr.S,33A.7.t.4..olr_,37.56...... ...................................
Mailing Address: 1.7.Q5.kOpa_$.d........................... ... G.IIr01A.Ac............................- .. . 2.8.32.8 ..............
Facility Contact: B.uSIYA14:Cker..................................................Title: Awacr...... ...-..--....._......................... .... PhoneNo: .................................. ........ .........
Onsite Representative: ,Ra5..-Barblat:............................................................................. Intebrator:G rl ol>L'�.k�Qd�,.1ansA
Certified Operator:jaSper..................................... Bar.b x................._..............._............ Operator Certification Number: ,1.7..7.9.4.............................
Location of Farm:
Hwy. 403 to Pine Ridge Rd. take a left and go 1.5 miles on right. +
-r
® Swine []Poultry ❑ Cattle []Horse Latitude F -3-571-F-02 35 4; Longitude F 30
Design Current
Swine Canacitv Pannlatinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
® Farrow to Feeder 500
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer I JEJ `on -Dairy
❑ Other
Total Design Capacity 500
Total SSLW 261,000
Number of Lagoons L1 ® Subsurface Drains Present ❑ Lagoon Area 19 Spray Field Area
Holding Ponds / Solid Traps JEI No Liquid Waste !Management Systent
Discharges S Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance inan-inade?
b. If discharge is observed. did it reach Water Of the State? (If ves, notify DWQ)
c. If discharge is observed_ what is the estimated Iloxv in galhnin?
d. Does discharge bypass a lagoon system? (Ifves. notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure l Structure 2 Structure 3 Stricture 4 Stricture 5
Identifier: ....................................................................:..................................................
Freeboard (inches): 19
05103/01
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Structure 6
Continued
1
sh £
•� }rye
pyx ;-
�� - � � �r. � ''��;� r - � -b G.. ,�� � _+:. � e. sg ?wti ..fix,' r •''Y.�,a a,. ye „—+� 4
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 82 539 Dare of Visit: 8/14/2001 Time. 11:311 Printed ow 8/20/2001
F Not O erational 0 Below Threshold
® Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .........................
Farm Nante:.F�15A.ef.R.B.arkl�lC. k 4tzt7t.................... County: S.gMp.5Q7tt........................................... ERQ ........
Owner Name:Ju.P,VrR................................ $.alr.4gr........................................................ Phone No: 9a.Qr.S,33A.7.t.4..olr_,37.56...... ...................................
Mailing Address: 1.7.Q5.kOpa_$.d........................... ... G.IIr01A.Ac............................- .. . 2.8.32.8 ..............
Facility Contact: B.uSIYA14:Cker..................................................Title: Awacr...... ...-..--....._......................... .... PhoneNo: .................................. ........ .........
Onsite Representative: ,Ra5..-Barblat:............................................................................. Intebrator:G rl ol>L'�.k�Qd�,.1ansA
Certified Operator:jaSper..................................... Bar.b x................._..............._............ Operator Certification Number: ,1.7..7.9.4.............................
Location of Farm:
Hwy. 403 to Pine Ridge Rd. take a left and go 1.5 miles on right. +
-r
® Swine []Poultry ❑ Cattle []Horse Latitude F -3-571-F-02 35 4; Longitude F 30
Design Current
Swine Canacitv Pannlatinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
® Farrow to Feeder 500
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer ❑ Dairy
❑ Non -Layer I JEJ `on -Dairy
❑ Other
Total Design Capacity 500
Total SSLW 261,000
Number of Lagoons L1 ® Subsurface Drains Present ❑ Lagoon Area 19 Spray Field Area
Holding Ponds / Solid Traps JEI No Liquid Waste !Management Systent
Discharges S Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance inan-inade?
b. If discharge is observed. did it reach Water Of the State? (If ves, notify DWQ)
c. If discharge is observed_ what is the estimated Iloxv in galhnin?
d. Does discharge bypass a lagoon system? (Ifves. notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure l Structure 2 Structure 3 Stricture 4 Stricture 5
Identifier: ....................................................................:..................................................
Freeboard (inches): 19
05103/01
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Structure 6
Continued

Facility Number: 82-539 Date of inspection F8_/ T4 / 2-0 0-11 Printed on: 8/20/2C01 �
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 markers with required maximum and minimum liquid level
elevation markings?
Waste A lieation
10. Are there any buffers that need maintenance/improvement'?
I I. Is there evidence ofover application? ❑ Excessive Punding [:]PAN E]Hydraulic Overload
12. Crop type Coastal Bermuda (Graze) Small Grain Overseed
❑ Yes ® No
❑ Yes 19 No
® Yes ❑ No
❑ Yes ® No
❑ Yes I& No
❑ Yes ® No
❑ Yes ® No
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 the receiving crop need improvement?
lfi. is there a lack of adequate waste application equipment'?
Re uired Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative'?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments(refer to question,#): 'Explain anv YES answers acid/or,any- recommen'dations or::any.,other continents
Use,drawings of facility to better.explain"situations: (use additional pages _as necessary)
., Field Copy ❑Final Notes
7- Continue to work on getting lagoon dike cut
15- Work on weed control in spray fields, possibly spray after next cutting.
18- Keep a copy of lagoon storage design calculations w/ farm paperwork. Has copy of dimensions but no calculations.
19- Keep weekly freeboard records, General Permit requirement.
latest waste analysis & soil samples ahve been sent to the lab
w
Reviewer/inspector Name Paul Sherman
Reviewer/Inspector Signature: Date:
05/03/01 Continued

Facility Number- 82-539 Date of Inspection 1 811 412 0 0 1
J
Pritited on: 8/20/2001
Odor 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 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 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 ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
Additiona ° Comments and/orDrawings: 1
•
T
05/03101

A
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..tttttt�i �i
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JASPER R BARBER
1705 POPE Rte
CUNTON NC 29328
Dear Jasper R Barber:
Michael F. Easiey, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, F.E. Director
Division of Water Quality
Subject: Notice of Violation and Revocation for Nonpayment
Jasper R Barber Farm
Permit Number: AWS820539
Sampson County
In accordance with North Carolina General Statute 143-215.10G, 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 arc
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 41712000.
Your annual permit fee for the period of 4/7/2003 - 4/6/2004 is $150.00. Your payment was due 618!2003.
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.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Sampson 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%n post -consumer paper

�R
0
RETURN RECEIPT REQUESTED
JASPER R BARBER
1705 POPE Rn
CLnvroN NC 28328
Dear Jasper R Barber:
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
Subject: Notice of Violation and Revocation for Nonpayment
Jasper R Barber Farm
Permit Number: AWS820539
Sampson 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 41712000.
Your annual permit fee for the period of 4!7/2002 - 4/6/2003 is $150.00. Your payment was due 6/6/2002.
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 27699-11617
1f you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
Alan
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Cormpbance/Enforcement Unit
Fayetteville Regional Office
Sampson 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

a
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 12, 2005
Jasper R. Barber
Jasper R. Barber Farm
1705 Pope Road
Clinton, NC 28328
Dear Mr. Barber,
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
Enclosed is a current copy of the Certificate of Coverage and a General permit for your farm, facility #
82-539. The Division of Water Quality asks that you please review this permit and place the copy of the
permit and Certificate of Coverage with the farm records_ If you have any questions please call me at
910-486-1541 ext. 730.
Thank you
Mark Brantley
Environmental Specialist
225 Green Street - -Suite 714, Fayetteville, North Carolina 28301-5043)
Phone: [phone] FAX: [phone] Internet: ww.enr.state.nc.usrENR/
An Equal Opportunity ! Atiirmaiive Action Employer - 50 % Recycled 1 10 1% Post Consumer Paper
North Carof ina

State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTOkNE1' GENERAL R.O. Box fig
REPLY TO: Francis W. Crawley
RALEIGH Environmental Division
2764n-06.29 [phone]
[phone] FAX
December 7, 1995
Miles B. Fowler, Esquire
126 E. Elizabeth Street
P.O. Box 91
Clinton, North Carolina 28328
Re: Jasper Ray Barber Judgment, Book 33 Page 346 loc? lj�l--1/
Dear Mr. Fowler:
1 have enclosed the signed Certificate of Payment for the judgment against Rusty Barber.
Thank you for helping to close this civil penalty case.
7589
Very truly yours.,
Francis W. Crawley
Special Deputy Attorney General
rr-za E 1W
RPM,
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DEC 19 9995
ENV. WMAGE;i E:NT
FAYETTEVILLE REG. OFFICE
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MILES B. FOWLER LAW OFFfCES
ESCROW ACCOUNT
P.O. BOX 91 919-592-2128
CLINTON, NC 28328 (� 8$.1046/531
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STALLINGS. N.C. 28106
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DIVISION OF ENVIRONMENTAL MANAGMENT
January 27, 1988
Mr. Jasper Barber
Route 2,
Clinton, North Carolina 28328
SUBJECT: Warning Letter
Jasper (Rusty) Barber SR 1904 Hog
Operation
Clinton, North Carolina
Sampson County
Dear Mr. Barber:
An investigation by the Fayetteville Regional Office was conducted
on January 21, 1988 in response to a complaint regarding your hog waste
stabilization lagoon. During the investigation a spray irrigation system
was observed operating thus, lowering the lagoon's liquid level. It
appeared that the lagoon had overtopped at some time in the past due to
evidence of a washout, but during our inspection there was no hog waste
discharge.
Should the lagoon overtop resulting in a waste discharge to the
State's surface waters, your facility will be in direct violation of N.
C. General Statute 143-215.1 (a)(1) can result in an assessment of a
civil penalty. Since you have been assessed a Civil Penalty in the
past, the Division would consider this a very serious violation subject
to further civil penalty assessment.
Since it appeared that your operation had on hand the necessary
equipment (Spray Irrigation System) to land apply the lagoon's
wastewater, there should be little difficulty in properly disposing of
the hog waste by .land application. It is recommended that a freeboard
level of at least 2 feet be maintained in the waste stabilization
lagoon at all times.

_Aa
Mr. Barber
Page 2
Should you have any questions concerning this matter, please
contact Mr. Grady Dobson --at- [phone].
GD/cbm "-
cc:
-cc: Howard Hobson
• Si �a�
M. J. Noland, P.E.
Regional Supervisor

LACY K THORNBURG
ATTORNEYGENERAL
r•SN4s
State of North Carolina
Department of Justice
P.O. BOX 629
RALEIGH
276020629
4 February 1987
Mr. Jasper Ray Barber
Route 2
Clinton, -North-- -Carolina "283'28
Dear Mr. Barber:
D
NOV 23 1987',
ENV Mq
FAYE�`YILLE E� GEM
h ICF
11
Pursuant to a conversation I had with your wife on
February 2, this letter is to confirm our agreement about
the manner in which you will satisfy your obligation to the
North,Carolina.Department -of Natural Resources and Community
Development. As you know, the Department has assessed a
penalty in the amount of $4,274.39. You and the Department
have now agreed that you will pay $500.00 a month to the
Department. Your check each month must be received by the
Department no later than the last day of each calendar
month. In other words, your first payment, due next month,
March, 1987, must be received by the Department no later
than March 31. Payments for the following months shall be
treated similarly.
At the end of eight months, you will have remitted
$4,000.00. If all payments are made on time, the Department
will forego the remaining $274.39. However, if payments are
not made in a.timely manner, you recognize a lawsuit may be
instituted against you to collect the entire balance
remaining.
Your payments should be sent to the Office of Legal
Affairs, Department of Natural Resources and Community
Development, P.O. Box 27687, Raleigh, North Carolina 27611.

I have enclosed two copies of this letter. One copy
includes a space for you to sign to acknowledge your
agreement with the terms of this letter. if you do agree to
make payments according to the schedule described above,
then please sign this copy, and return it to me. The other
copy is for your files.
Sincerely,
LACY H. THORNBURG
At e e
n rsc
Assistant Attorney General
ASH/bb
I agree with the terms of this letter,
and will make payments as set out above.
n
sper Racy Barber

j. RUSTY
BARBER PORK
FORM PAYMENT SCHEDULE
-._- ;. __.Amount_to— be -_paid.:-` $ 4..-
- _ 500.00 pgr month•, due. no_ later
month for -eight months: First
than the 30/31 day _of . each
payment was due on 3/31/87
BATE,RECEIVED
Check No.
Amount
X
i�
4/7/871597
$500.00
♦
3 .
571%87--...._-_�I63B--...---
- 500.00
goo
a�77(P, r
7 �T
171
P 5
Soo.Gb -
r.�_..
A�6.aa
JI-
_0lb6.00
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A
•
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27511
James G. Martin, Governor
S. Thomas Rhodes, Secretary
July 25, 1986
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jasper Ray Barber
Route 2
Clinton, North Carolina
Joseph E. Slate, Jr., Director
Office of Legal Affairs
LY
JUL
INV. MANkGEl'
FAYEE EVILL REG.�F F
28328 Of'F1C:
Thomas Hilliard, III
Yvonne C. Barley
Edwin L. Gavin, If
Rebecca W. Giles
David G. Heeler
Subject: Assessment of Civil Penalties for
Violation(s) of N. C. General Statute(s)
143-215.1, Control of Sources of Water
Pollution; Permits Required, Jasper Ray
Barber, Sampson County, W 86-11
Dear Mr. Barber:
This letter transmits notice of a civil penalty
assessed against Jasper Ray Barber in the amount of
$4274.39.
Attached is a copy of the assessment document
explaining this penalty. This action was taken by the
Director, Division of Environmental Management, under the
authority vested in him by North Carolina General Statute(s)
143-215.6. Any continuing violation(s) may be the subject of
a new enforcement action, including an additional penalty.
Within 30 days of receipt of this notice, you must:
(1) Submit payment of the penalty; or
(2) Submit a written request for remission or
mitigation, including a detailed justification for
such request; or
PO Bax 27W Rak k North Cuchna 27611-7687 Tdt io- 919-733-7247
M fgtW Opmmff ey Af wades Acdon Emplvya

-2-
(3) Submit a written request for an administrative
hearing.
Additional information about your options is as
follows:
(1) Payment should be made directly to this office.
Payment of the penalty will not foreclose
further enforcement action for any continuing or
new violation(s).
(2) 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 attached
assessment document. 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 the attached waiver and stipulation form to
this office. Finally, your detailed justification
should include any additional facts which should
have been considered by the Director prior to
assessment, as well as any documentation relevant
to your inability to pay the penalty.
(3) If you wish to contest any statements in the
attached assessment document, you must request an
administrative hearing. This request must be in
the form of a written petition, conforming to
Chapter 150B of the North Carolina General
Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 11665,
Raleigh, North Carolina 27604. A copy of the
petition should be filed with this office.
If you wish to have the hearing before a Hearing
Officer with this Department, you must indicate in
the petition that you waive the right to have the
contested case conducted by a Hearing officer in
the Office of Administrative Hearings, and wish to
have the matter conducted in the Department of
Natural Resources and Community Development. You
must execute and return the attached waiver and
request form to this office.
Sincerely,
7
Thomas Hilliard, III
Agency Legal Specialist
Aw

-3 -
Attachments
cc: R. Paul Wilms
L. P. Benton
George Everett
Mick Noland ✓

STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT)
OF CIVIL PENALTIES AGAINST )
JASPER RAY BARBER )
SAMPSON COUNTY )
(WQ 86-11) )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totalling $4274.39
for violation(s) of N. C. General Statute(s) 143-215.1,
Control of Sources of Water Pollution; Permits Required as
set forth in the assessment document of the Director,
Division of Environmental Management dated July 25, 1986,
the undersigned, desiring to seek remission of the civil
penalties, does hereby waive its right to an administrative
hearing in the above -stated matter and does stipulate that
the facts are as alleged in the assessment document.
This the day of
ADDRESS
TELEPHONE
. 1486.
BY

STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT)
OF CIVIL PENALTIES AGAINST }
JASPER RAY BARBER }
SAMPSON COUNTY )
(WQ 86-11) )
)
)
ENVIRONMENTAL MANAGEMENT
COMMISSION
PETITION AND
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING BEFORE
THE OFFICE OF ADMINISTRATIVE
HEARINGS AND REQUEST FOR
HEARING BY THE DEPARTMENT OF
NATURAL RESOURCES AND
COMMUNITY DEVELOPMENT
Having been assessed civil penalties totalling $4274.39
for violation(s) of N. C. General Statute(s) 143-215.1,
Control of Sources of Water Pollution; Permits Required as
set forth in the assessment document of the Director,
Division of Environmental Management dated July 25, 1986,
the undersigned does hereby petition for a hearing in
accordance with N.C.G.S. 150B - 23; waives its right to an
administrative hearing before the Office of Administrative
Hearings in the above -stated matter; and requests pursuant
to N.C.G.S. 150B - 23 that this matter be conducted by a
Hearing Officer with the Department of Natural Resources and
Community Development.
This the day of , 1986.
BY
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF:
JASPER RAY BARBER, SAMPSON
COUNTY, NORTH CAROLINA
FOR VIOLATIONS OF G.S. 143-
215.1, CONTROL OF SOURCES OF
WATER POLLUTION; PERMITS
REQUIRED, JANUARY, 1986
BEFORE THE NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
(FILE NO. W 86-11)
FINDINGS AND DECISION OF THE
DIRECTOR, DIVISION OF
ENVIRONMENTAL MANAGEMENT
1
)
Acting pursuant to North Carolina General Statutes (G.S.)
143-215.6 and North Carolina Environmental Management Commission
(Commission) Regulation Title 15 North Carolina Administrative
Code (NCAC) 2J .0003, I make the following:
I. FINDINGS OF FACT:
A. gasper Ray (Rusty) Barber does business as Rusty Barber
Pork Farm in Sampson County on SR 1904 where his hog
farm operations were situated. The farm raised feeder
pigs/hogs for sale to area pork dealers.
B. On May 31, 1985, under Commission regulation 15 NCAC 2H
.0122 - .0123, Concentrated Animal Feeding Operation
and Requirements, the North Carolina Division of
Environmental Management ("DEM") designated the hog
farm a "concentrated animal feeding operation."
C. Following designation, any further discharges of waste
from the farm were allowed only after permit(s) had
been applied for and issued by the Commission pursuant
to G.S. 143-215.1.
D. Situated near the hog farm were the headwaters of
Gillmore Swamp, Class C waters of the State which flow
into Six Runs Creek, also Class C waters located in the
Cape Fear River Basin.
E. On Monday, January 20, 1986, the Fayetteville Regional
Office of the DEM ("staff") inspected the hog farm
including its waste storage lagoons. Waste (reddish in
color) was observed flowing from a lagoon through a
four (4) inch, twenty (20) foot long aluminum
irrigation pipe into the headwaters of Gillmore Swamp.
(The pipe had been installed in the lagoon's dike wall

-2 -
on or before December 5, 1985, when it was first
observed during an inspection on that date. On December
5th, the pipe was capped with a standard irrigation end
plug preventing any discharge of waste from the
lagoon). No permit had been issued by the Commission
allowing construction or operation of the pipe.
F. On the 20th staff collected effluent samples, took
photographs of the facility and issued a Notice of
Noncompliance to a Ray Barber, an assistant operator at
the hog farm. Mr. Barber was advised to immediately
cease the waste discharge into the swamp.
G. During follow-up inspection on January 22nd, staff
collected samples of the water in the swamp and creek
to determine the impacts from the waste discharges
(Appendix A). The end plug imperfectly in place on the
irrigation pipe allowed lagoon waste to discharge into
the swamp at a rate of about one-half (J) gallon per
minute. Waste was observed in Six Runs Creek downstream
of the discharge point while no waste was found at
upstream locations.
H. On February 3, 1986, inspection of the hog farm showed
the aluminum pipe to have been removed from the lagoon
dike walls and no waste discharge was observed. The
water level in the lagoon was approximately one (1)
foot lower than its level on January 22nd. Staff found
no evidence that lagoon waste had been applied to
adjacent farm land nor were any pumps, piping or other
spray irrigation equipment in place at the lagoon.
I. since its first inspection of the Barber hog farm on
January 4, 1983, staff experienced difficulty
persuading the owner to improve his animal waste
management practices. During a February 25, 1983,
inspection, staff found the lagoon near capacity and
spray irrigation equipment on site (although not in
operation) but was unable to contact the owner. An
investigation of the farm on April 1, 1985, revealed
waste flowing overland into Gillmore Swamp as a result
of a ditch (or cut) excavated in the dike wall of the
lagoon.
J. Staff costs related to detecting the violations,
defining their extent and nature and bringing the
enforcement action including Office of Legal Affairs
costs totalled $1274.39.

-3 -
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jasper Ray Barber is a "person" within the meaning of
G.S. 143-215.6 pursuant to G.S. 143-213 (14).
B. On January 20, 1986, Jasper Ray Barber violated G.S.
143-215.1 (a)(1) and (2) by making an outlet into the
waters of the State and constructing or operating a
sewer or disposal system or treatment works in the
State without a permit when waste from his lagoon
flowed through an aluminum pipe and into nearby class C
swamp and creek waters of the State as described in
paragraphs I. E and F above.
C. On January 22, 1986, Jasper Ray Barber violated G.S.
143-215.1 (a)(1) and (2) by making an outlet into the
waters of the State and constructing or operating a
sewer or disposal system or treatment works in the
State without a permit when waste from his lagoon
flowed through an aluminum pipe and into nearby class C
swamp and creek waters of the State as described in
paragraph I. G above.
D. General Statute 143-215.6 provides that a civil penalty
of not more than ten thousand dollars may be assessed
against a person who is required but failed to apply
for or to secure a permit required by G.S. 143-215.1.
E. General Statute 143-215.3 (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations
adopted by the Environmental Management Commission or
violates any terms or conditions of any permit issued
pursuant to G.S. 143-215.1.
F. The Director, Division of Environmental Management,
pursuant to Regulation 15 NCAC 2J .0003, has the
authority to assess civil penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:
III. DECISION:
Pursuant to G.S. 143-215.6 and 15 NCAC 2J .0006, in
determining the amount of the penalty, I have taken into

-4 -
account the Findings of Fact and Conclusions of Law and
considered the degree and extent of harm caused by the
violation, and the cost of rectifying the damage.
Accordingly, Jasper Ray Barber shall be, and hereby is,
assessed a civil penalty of:
$ /494�V•VQ for violation of G.S. 143-215.1 (a)(1) and
(2) on January 20, 1986;
$ i14000- tV for violation of G. S. 143-215.1 (a) (1) and
(2) on January 22, 1986; and
$1274.39 for costs of the i��nl1ves�tri�/gatioon.
The total penalty assessed is $ T.� ♦ 7 + .?
IV. TRANSMITTAL:
The Office of Legal Affairs is directed to transmit
these Findings of Fact, Conclusions of Law and Decision
Jasper Ray Barber in accordance with Regulation 15 NCAC
.0007.
(Date R. Paul Wilms, Director
Division of Environmental Management
to
2J

CASE: Jasper Ray Barber
FILE NO: W 86-11
Legal Affairs
Enforcement Action Costs
Charges
Hours
Subtotal
File Examination & Review
2.0
(40/)
80.00
Research & Analysis
2.0
(50/)
100.00
Draft Complaint (F & D)
2.5
(35/)
87.50
Computer Processing
1.5
(30/)
45.00
Totals
8.0
$312.50

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*� Unpermitted Wastewater -Discharge '
Rusty Barber Pork Farm '
- Clinton, North Carolina'
Sampson County
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, . PNFoRCFmT ACTION : REPORT -
Title: Rusty.Bsrber Park Farm
Clinton, North Carolina "
Unpermitted -Discharge .of Wastewater from.
Hog Waste Lagoon '
County: Sampson '' x
Regioaai Office:_ Fayetteville , -'Regional Office
- Principal Iuvestigation: Grady. Dobson
Environental Rngineei r
WaterQuality -Section
• Fayetteville Regional Office
I: -•D: Number:.. - -.
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CONTERTS OF REPOIrr, r
'I., Introduction -: ,
1I. conclusion
-
.111. Recomendatian :
Report
-IV.
'
V. Assessment Factors
APPMIX t
`
Attachment A --'March 2,"1983
to- Rusty Barber `concerning �isste
tLattJt*er
Attachment B 31.' 1985 ..
Letter regarding, Anlizal Feedlot,Designation'
Attadb aent C :. r -' r. -
Naps shoving location -of Barber- Pork Parm9
�
Attachment'D
Discharge Pipe;Sarrplas'
Attachment E --•
-Photographs of swine operation
Attachment F - ` '
Fdtfce of Violation Ticket
Attachment G -
Deed
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1. Introduction
The purpose of this report is to show that the Rusty Barber Pork Farm of
Clinton, Sampson County, willfully and knowingly discharged wastewater from
a waste stabilization lagoon serving an animal feed lot into the state's
surface waters without the appropriate permit. This discharge occurred
after the facility has been designated a concentrated animal feeding
operation on May 31, 1985 (see Attachment B). This report will show that
an enforcement action is warranted.
The subject discharge was actually observed on 1-20-86. Samples of the dis-
charge and photographs were taken on this date. This office has in the past
been notified by local citizens of discharges. from this facility due to
various reasons. During the investigation Mr. Ray Barber, the owner's son,
could give no reason for the discharge. He stated that he had only been
working for his father for several months and that he assumed the lagoon
was being pumped onto adjacent farmland.
The total environmental impact resulting from this discharge cannot be
readily determined at this time. It appeared that the discharge had been
going on for some time due to information given to the State by the com-
plainant. There was no indication of land applying wastewater with an
irrigation system, and there was a very defined trail leading from the
discharge pipe into the surface waters.

II. Conclusion
It has been determined that Rusty Barber Rork Farm operated in noncompliance
with N.C. General Statute 143-215.1(a)(1) when wastewater continued to be
discharged once the facility was designated as a concentrated animal feeding
operation on May 31, 1985. (See Attachment H.)

III. Recommendation
It is recommended that Barber Pork Farm owned by Jasper Ray Barber be
assessed a civil penalty for the violation of N.C. GS 143-215.1(a)(1)
which reads as follows:
143--215.1. Control of sources of water pollution;
Permits required: (a) No person shall do any of the
following things or carry out any of the following activi-
ties until or unless such person shall have applied for
and shall have received from the Environmental Management
Commission a permit therefor and shall have complied with
such conditions, if any, as are prescribed by such permit:
(1) Make any outlets into the waters of the State;
It is felt that this assessment will alert Mr. Barber of our concern on
this matter and hopefully prevent future similar occurrences. Prior visits
to the Barber Farm by Fayetteville Regional Office staff and the designa-
tion dated May 31, 1985 have not impressed upon Mr. Barber the need to
properly handle the wastewater.

ft
IV. Report - Rusty Barber Pork Farm, Clinton, Sampson Count
Background Information: The Fayetteville Regional Office was first made
aware of the Rusty Barber Pork Farm during a complaint inspection performed
by Mr. Ricky Revels on January 4, 1983. During this inspection no waste-
water was being discharged from the waste handling lagoon. Mr. Revels
attempted to contact Mr. Barber on several occasions to discuss waste
handling practices but Mr. Barber made no attempt to contact the Fayetteville
Regional Office regarding this matter.
On February 21, 1983 the original complainant again called the Fayetteville
Regional Office regarding runoff from the Barber hog lagoon and on Friday,
February 25, 1983 the facility was investigated by Mr. Grady Dobson,
Environmental Engineer, Fayetteville Regional Office." Mr. Dobson observed
that loads of fill material had been placed in the area of the lagoon to
divert surface runoff around the lagoon. Also, it was observed that the
lagoon's liquid level was level with the top of the dike and tb.the
point of overtopping. It appeared that the'facility had on hand the necessary
equipment (spray irrigation system) to land apply the lagoon`s wastewater
and there would be little difficulty disposing of the hog waste by land
application. Mr. Dobson was also unable to make contact with Mr. Barber
to discuss the animal waste handling practices at this facility. Since
Mr. Barber has a contract with Carrolls of Warsaw to grow feeder pigs,
Mr. Greg Brown, manager of swine operations for Carrolls of Warsaw, was
advised of the situation. Mr. Brown notified the Fayetteville Regional
Office by telephone that he had personally contacted Mr. Barber and that
wastewater was now being land applied on adjacent farmland. Mr. Barber
was notified of our investigation by letter on March 2, 1983 (see Attach-
ment A). During the fall (October, 1983) and spring (April, 1984) the
Barber Hog Farm was observed by various members of the Fayetteville Regional
Office and the facility appeared to be in compliance by land applying the
wastewater.
On April 1, 1985 as the result of another complaint from a local Sampson
County resident, the Barber Hog Farm was again investigated. During this
investigation a ditch was observed in the dike which allowed wastewater to
flow overland into Gillmore Swamp "Class C Swamp" and eventually into Six
Runs' Creek "Class C Swamp" CFRB. Mr. Barber was advised to close the ditch
and cease all discharge. On May 31, 1985 (see Attachment B) the Rusty
Barber Pork Farm was designated as a concentrated animal feeding operation.
Mr. Barber was advised by telephone how the designation would affect him if
the discharge continued, and it was the opinion of Mr. Dobson who talked with
Mr. Barber that he did indeed understand the designation process.
On December 3, 1985 Mr. Grady Dobson, Environmental Engineer, was contacted
by Mr. Miles Fowler, attorney on behalf of his client --a local Sampson County
resident, regarding the discharge of wastewater from the Barber Hog Farm.

IV. Report - Rusty Barber Pork Farm (continued)
Mr. Dobson explained the Animal Feedlot Regulation to Mr. Fowler and on
December 5, 1985 personally inspected the Barber Pork Farm waste lagoon.
Mr. Dobson investigated the lagoon and found no discharge. However, since
the last inspection on April 1985, a 4 inch 20 foot long aluminum irrigation
pipe had been installed in the lagoon dike wall. The pipe was capped with
a standard irrigation end plug and there was no discharge from the pipe.
Mr. Dobson advised Mr. Barber of the consequences if a discharge was ob-
served, and Mr. Barber stated that he planned to pump the wastewater onto
adjacent farmland once the soybean crop was harvested. Mr. Neal Andrews,
Vice President - Carrolls of Warsaw, was notified on December 5, 1985 of
the situation at the Barber Rog Farm and he stated that he would have his
staff contact Mr. Barber to advise hila of proper animal waste handling pro-
cedures. Mr. Andrews notified Mr. Dobson on December 6, 1985 that Mr. Barber
had been contacted and waste management was discussed.
On Monday, January 20, 1986, a Sampson County resident notified the Fayette-
ville Regional Office that the wastewater lagoon at the Rusty Barber Pork
Farm was discharging wastewater. This complaint was investigated on the
same date by Mr. Grady Dobson, Environmental Engineer,and Mr. Ricky Revels,
Environmental Technician, Fayetteville Regional Office. The investigation
revealed that the facility did indeed have a discharge from the lagoon from
a manmade conveyance (4 inch irrigation pipe which had been observed on the
previous inspection on December 5, 1985) into the headwaters of Gillmore
Swamp "Class C Swamp" (see Attachment G) which eventually flows into Six
Runs' Creek "Class C Swamp" CFRB. Samples at the discharge pipe were taken
(see Attachment D), photographs of the discharge pipe and the entire facility
were taken (see Attachment E), and issuance of a Notice of Noncompliance
Ticket was given (see Attachment F) to the assistant operator, Mr. Ray Barber.
The end plug appeared to be intentionally removed from the pipe. The plug
was located above the pipe on the lagoon dike approximately 10 feet from
the discharge point. Mr. Ray Barber was advised that the discharge should
cease immediately and that the pipe must be removed from the dike. Mr. Ray
Barber agreed to remove the pipe and eliminate the discharge. On January 22,
1986 the lagoon was again inspected by Mr. Grady Dobson, Environmental
Engineer, and Mr. Ricky Revels, Environmental Technician, Fayetteville
Regional Office. The aluminum pipe was still in place and a discharge of
approximately 1/2 gallon/minute was observed. Although the end plug had
been installed it was not perfectly sealed and wastewater was discharging
slightly. The wastewater had a reddish -wine like color (likely due to algae)
which could be observed in Gillmore Swamp and Six Runs' Creek downstream
from the hog lagoon discharge. There was no reddish color observed in Six
Runs' Creek upstream of the lagoon discharge.
Since there were no stream samples collected on the January 20, 1986 inves-
tigation, a follow-up inspection was conducted on January 22, 1986 to evaluate
the impact on the receiving stream. Stream samples were collected on

IV. Report - Rusty Barber Pork Farm (continued)
January 22, 1986 for the purpose of showing that the discharge was impacting
surface water; however, the sampling did not establish a water quality
violation since five days of sampling would have been necessary to do that.
The first sample was taken approximately 150 feet behind the lagoon in the
headwaters of Gillmore Swamp downstream of the lagoon, and sample two (2)
was taken approximately 1000 feet downstream at a location where the main
run of Gillmore Swamp becomes Six Runs' Creek "C Swamp", CFRB. The reddish -
wine like color was observed at both sampling locations but not upstream in
Six Runs' Creek. D.O. readings at sample point one (1) and two (2) were 4.0
mg/l at S*C and 8.5 mg/1 respectfully. The instream D.Q. at point two (2)
was in compliance with water quality standards for a class "C Swamp" stream;
however, with a water temperature of 5'C, a D.O. of greater than 8.5 mg/1
would have likely occurred without the presence of the wastewater. Sample
analysis for samples collected on January 20, 1986 and January 22, 1986
revealed the following: (See Attachment C for sampling locations.)
(1)
(2)
(3)
Sample Date Location
BOD Fecal Coliform Bacteria
1-20-86 At lagoon dis- 190 mg/1
charge pipe
1-22-86 150 ft. below
lagoon discharge
in Gillmore
Swamp
1-22-86 1000 ft. below
lagoon at
Gillmore Swamp's
entrance into
Six Runs' Creek
69 mg/1
23 mg/1
9,500,000/100 ml
3,500,000/1.00 ml
290,000/100 ml
On February 3, 1986, the Rusty Barber Pork Farm was inspected by Mr. Grady
Dobson, Environmental Engineer, and Mr. Paul Rawls, Monitoring Technician,
Fayetteville Regional Office. The 4 inch aluminum pipe had been removed
from the lagoon dike and all discharge had ceased. The water level in the
lagoon appeared to be approximately one foot lower than on the January 22,
1986 inspection. There was no evidence that adjacent farmland was utilized
to dispose of the wastewater nor was it observed that there was a pump or
other irrigation equipment in place to land apply wastewater. The complainant
stated that when the pipe was removed from the dike, some wastewater drained
through this opening; thus resulting in a lowering of the lagoon. The fact,
however, cannot be documented or confirmed by the owner.
Additional stream samples were taken on February 3, 1986 to measure the
impact on the receiving stream (Attachment D). As was previously observed,
the reddish -wine like color was still present in the receiving stream below
the lagoon; however, the color was not as defined as on previous inspections.
Two (2) downstream samples and one (1) upstream sample were taken, revealing
the following results: (See Attachment C for sampling locations.)

Fecal Coliform Bacteria
7,400/100 m1
380/100 ml
14101100 ml
The analysis above indicates the presence of wastewater and shows that the
discharge is impacting Gillmore Swamp and Six Runs' Creek. The results
show that there were no elevated fecal coliform counts in Six Runs' Creek
upstream of the Barber hog lagoon.
During the course of tate investigation, a copy of the deed from Mr. Barber's
farm was obtained from the Sampson County Register of Deeds' Office. (See
Attachment G.)
IV - Report
- Rusty Barber Pork Farm (continued)
Sample Date
Location
BOD
(2)
2-3-86
150 ft. below
6.4 mg/l
wastewater lagoon
(3)
2-3-86
1000 ft. below
3.9 mg/l
wastewater lagoon
at Gillmore
Swamp's entrance
into Six Runs' Ck.
(4)
2-3-86
Six Runs' Ck.
0.7 mg/l
approx. 200 ft.
above the con-
fluence of Six
Runs' Ck. and
Gillmore Swamp
Fecal Coliform Bacteria
7,400/100 m1
380/100 ml
14101100 ml
The analysis above indicates the presence of wastewater and shows that the
discharge is impacting Gillmore Swamp and Six Runs' Creek. The results
show that there were no elevated fecal coliform counts in Six Runs' Creek
upstream of the Barber hog lagoon.
During the course of tate investigation, a copy of the deed from Mr. Barber's
farm was obtained from the Sampson County Register of Deeds' Office. (See
Attachment G.)

ft
V. Assessment Factors
VIOLATOR: Rusty Barber Pork Farm
IDENTIFICATION NUMBER:
REGIONAL OFFICE: Fayetteville
1. Degree and extent of harm and risk of harm caused by -the violation(s):
The lab analysis from this wastewater discharge documents the presence
of wastewater and indicates that the continuation of this discharge
could cause serious surface water problems in the future and could
result in a fish kill.
2. Number of violations:
(Total = 1) Discharge of wastewater without the appropriate permit.
3. Duration of violation(s):
The discharge was actually observed on 1-20-86 and 1-22-86. Prior to
designation of the subject swine facility, it is believed that waste-
water from this facility has been discharging on and off since our
Initial investigation on 1-4-83.
4. Degree and extent of violation(s):
Rusty Barber Pork Farm'.s discharge of wastewater from an animal waste
lagoon constitutes a violation of N.C. GS 143-215.1(a)(1) concerning
discharging to the state's surface waters. Prior to this violation the
facility was designated as a concentrated animal feedlot due to the
discharge of wastewater.
5. Cause of violation(s) -- (intentional, ne li ence, or otherwise):
Mr. Barber was advised on numerous occasions in person, by letter, and
by telephone of the importance of animal waste management. Apparently,
Mr. Barber intentionally neglected our recommendations and allowed the
wastewater to discharge from the wastewater lagoon.
6. Economic benefit gained by violator by noncompliance:
It appears that the only economic benefit he would have received would
be the actual pumping costs'of land applying the wastewater onto adjacent
farmland. Past conversations and observations of the facility revealed
that the spray irrigation equipment is readily available.

V. Assessment Factors (continued)
7. Type of violation and general nature of business (i.e., individual vs.
oration):
Mr. Barber is an independent grower of swine contracted with Carrolls
of Warsaw and no other income is known.
8. Violators history of compliance or noncompliance:
Since the first inspection of the Rusty Barber Pork Farm on January 4,
1983, wastewater discharge from the wastewater lagoon was suspected.
Not until April 1, 1985 was a discharge actually observed. After the
designation process was completed Mr. Barber apparently continued the
wastewater discharge intermittently and on January 20, 1986 the waste-
water discharge was again observed from this facility.
9. Violator's degree of cooperation (including efforts to prevent or restore):
Mr. Barber's cooperation has been poor. He was advised on several
occasions to better manage the wastewater handling practices at his
facility and has apparently ignored all recommendations by the Division
of Environmental Management. Mr. Barber has failed to provide infor-
mation regarding wastewater management practices and apparently chooses
not to comply with N.C. GS 143--215(a)(1).
10. Costs of detecting violation, defining its extent, and bringing enforce-
ment action:
STATE FUNDS EXPENDED FOR INVESTIGATION
Name of Investigators Time Spent Rate per Hour Cost
Grady Dobson 38 hours $15.88 $603.44
Ricky Revels 10 hours 11.63 116.30
Paul Rawls 5 hours 10.66 53.30
Analytical Cost
Laboratory Analysis 108-00
Film and Photograph Developing 24.65
Transportation Miles Rate per Mile
State vehicle 281 20G 56.20
TOTAL COST OF INVESTIGATION $961•89

V. Assessment Factors (continued)
11. _Mitigating circumstances, such as noncompliance attributable to government_
or factors be and violator's control:
There does not appear to be mitigating circumstances. Rusty Barber is
aware the state law (NCGS) prohibits the discharge of wastewater into
the State's surface waters without the appropriate permit and'he inten-
tionally ignored the law. Also, due to the "unseasonable dry weather",
Mr. Barber has no reason to say that the wastewater could not be land
applied due to weather conditions.

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