820555_CORRESPONDENCE_20171231

NORTH CAROLINA J
Depar#ment of Environmental 4uai

- ' State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
Jackie & Helen Bass
2642 Hunter Rd
Clinton NC 28328
ffl 1�N;W,j
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Jackie & Helen Bass Farm, Carrolls #2224
Facility Number 82-555
Sampson County
Dear Jackie & Helen Bass;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State_ In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acre Ranking
1 0.2 Medium
2 0.2 Medium
3 0.1 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone [phone] Fax [phone]
An Equal Opportunity Afru-mative Action Employer 50 t% recycled/10% post -consumer paper

Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this Ietter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at [phone].
Sincerely,
,ul Rawls
ater Quality Regional Supervisor
cc: Sampson County Soil and Water Conservation District Office
Facility File

Facility Number 82— 555 Lagoon Number .1- ........... Lagoon Identifier
0 Active W Inactive Latitude 35 i;__1 54
Waste Last Added .1.05/9.8 ......... . .. . .... . ................
Determined by: ®Owner ❑ Estimated
Surface Area (acres): Q,2 ............................
Embankment Height (feet): 0.
Longitude F787 17 20
By GPS or Map? ®GPS ❑Map
GPS file number: 182a555
Distance to Stream: # <250 feet Q250 feet - 1000 feet O >1000 feet
By measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? 0 Yes Q No
Intervening Stream? O Yes 0 No
Distance to WS or HOW (miles): 0<5 05-10 *>10
Overtopping from Outside Waters? O Yes *No O Unknown
Spillway Q Yes ©No Adequate Marker *Yes O No
Freeboard & Storm Storage Requirement (inches):
inspection date 3/16/2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
C7i Lagoon Liquid Clear
Q Lagoon Empty Freeboard (inches): 24
embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
*Construction Specification Unknown But Dam Appears in Good Condition
Q Constructed and Maintained to Current NRCS Standards
outside drainage Q Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
Q Has Drainage Area Which is Addressed in Lagoon Design
Q No Drainage Area or Diversions Well Maintained
finer status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
© No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
lication equipment fail to make contact 0 Yes Q No
and/or Sprayrfield O Yes Q No O Unknown with representative
unavailable
comments dug hole
�l
1W i

Facility Number 82— 555 Lagoon Number ........... Lagoon Identifier ........ ............ .......... ................................ -.......
O Active OQ Inactive Latitude 35Q 54
Waste Last Added$,..... Longitude 78 17 2i
Determined by: ® Owner ❑ Estimated
Surface Area (acres): R,2 ............................
Embankment Height (feet): 0 ................................
By GPS or Map? GPS ❑Map
GPS file number: 182a555
Distance to Stream: # <250 feet O 250 feet - 1000 feet 0 X1000 feet
By measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? - O Yes *No
Intervening Stream? O Yes Q No
Distance to WS or HGW (miles): 0<5 05-10 Dia 10
Overtopping from Outside Waters? O Yes ©No O Unknown
Spillway 0 Yes *No Adequate Marker *Yes ONO
Freeboard & Storm Storage Requirement (inches):
inspection date 3/16/2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
0 Lagoon Liquid Clear
0 Lagoon Empty Freeboard (inches): 19
embankment condition 0 poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
Q Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
pi No Drainage Area or Diversions Well Maintained
liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
Q No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
ication equipment fail to make contact YES 0 No
and/or Sprayfleld O Yes No O Unknown with representative
unavailable
comments dug hole
Lij

Facility Number 82— 555 Lagoon Number .3........... Lagoon Identifier ............... ................................. I......................
�0 Active O Inactive Latitude L 54
35
Waste Last Added 1.0/1.5/9.8 .................................... Longitude 78 17 20
Determined by: ❑ Owner ❑ Estimated By GPS or Map? ® GPS ❑ Map
GPS file number: 182a555
Surface Area (acres): Q.,.1 .............................
Embankment Height (feet): 2 ................................
Distance to Stream: 0 c250 feet 0250 feet- 1000 feet 0 X1000 feet
By Measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? . O Yes +r0 No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): 0<5 05-10 (0>10
Overtopping from Outside Waters? 0 Yes *No O Unknown
Spillway O Yes *No Adequate Marker O Yes *No
Freeboard & Storm Storage Requirement (inches):
inspection date 3/16/2000
appearance of 0 Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
O Lagoon Liquid Clear
O Lagoon Empty Freeboard (inches): 30
embankment condition O Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
O Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
O Has Drainage Area Which is Addressed in Lagoon Design
0 No Drainage Area or Diversions Well Maintained
liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
0 No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
ration equipment
and/or Sprayfield O Yes
unavailable
comments
0 No 0 Unknown fail to make contact 0 Yes 0 No
with representative

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 SSS
Q Permitted ® Certified 0 Conditionally Certilted Q Registered Date of Visa 3/1N2t100
Q Not Operational Q Below Threshold Date Last Operated or Above Threshold: .........................
Farm Name: JaclsitR.dC. !�ERm. S.liarna,. arxnlls. z2z .............................. County: SaM,5ga........................................... FRO............
OwnerName:.1agAite.&..FdedCla.................. BaS5 ............................................................. Phone No: 1Q-S.G..........................................................
Facility Contact. ............Title Phone No:
Mailing Address: 2Ct42.Hunjcr..ttld.......................... Chlor`apt..i!iC............................................................ 20.3z$ ..............
Onsite Representative: ....... Integrator: arKplk'S.1 natl�.Iptii.....................
.............................................................................................. ........................
Location of Farm:
7.QX.�N,..�lipttan�...]12.II�s..tQ.BR.d 7.�.Qm.xitgktk.aha.+xnttex..tid,.Sa.ka.c�ass><oad.ga. a>:xo;35�.unk�xs�tiapt.Skill.kltt�x. Rp1...........
Ud..kl.Q>:Umanxigittt............................ ........................................................ ..................................... .......................
®Swine ❑ Poultry [:]Cattle ❑ Horse
Design Current
Swine Capacity Population
❑ Wean to Feeder
❑ Feeder to Finish
® Farrow to Wean 250
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer I 1 ❑ Dairy
Q Non -Layer I 1 ❑ Non -Dairy
❑ Other
Total Design Capacity 250
Total SSLW 108,250
fllsiinber,o[ Lagoons W=3 Holding Ponds / Sbud'Traps
Discharges 8c Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed. did it reach Water of the State'' (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Waste Collection & Treatment
Please see attached Lagoon Field Data Sheets
= ", i c. �,ld z ,�`i.�•.` it aj'}-v. s .z- -:cw } a .. ,f _; �. r
Reviewer/Inspector Name
Reviewer/Inspector Signature: .� Date:
Printed on: 5/12/2000

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Jackie & Helen Bass
Jackie & Helen Bass Farm, Carrolls #2224
2642 Hunter Rd
Clinton NC 28328
Dear Jackie & Helen Bass:
NCDENR
ENVIRONMENT AND NAxuRAL
�E``
January 24, 2000
C r 4 2000
FAYTTEVILLE
REG. OFFICE
Subject: Removal of Registration
Jackie & Helen Bass Farm, Carrolls
#2224
Facility Number 82-555
Sampson County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H.0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state_ Any system determined to have an adverse impact on water quality may be
required to obtain a.waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $25,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits
listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals
to that level. Threshold numbers of animals are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
PoulqX with a liquid wastes stern
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
AgM..
Kerr T. Stevens, P.F.
cc: Fayetteville Water Quality Regional Office
Sampson Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Allirrnative Action Employer 50% recycled/10% post -consumer paper

October 23, 1998
Mr. Grady Dobson
NCDEHNR
Suite 714, Wachovia Bldg.
Fayetteville, NC 28301
Dear Grady,
CARROLL'S FOODS, INC.
P. D. Drawer 856
WARSAW. NORTH CAROLINA 28398
RECEIVED�
OCT 2 61998
AEEEEcQE
This is to notify you that all pigs were picked up from Jackie
Bass's Farm on October 19, 1998. Mr. Bass is no longer a contract
grower for Carroll's Foods, Inc. If you need additional
information please give me a call.
Sincerely,
Howard L. Hobson, Technical Specialist
Carroll's Foods, Inc.
cc: Dexter Edwards
Don Butler

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Qualify
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 29, 1997
MEMORANDUM
To: Kathy Cooper
Special Deputy Attomey General
From. A. Preston Howard Li
Subject: Jackie Bass Swinc Farm Enforcement
File No. CD 93-07
A��
A74'i
A±
E:)EHNR
44ri� A ,
hN 0 61997
FAYE-�1�lVI E
On March 4. 1993, the Director, Division of Water Quality (DWQ), assessed a civil penalty
assessment in the amount of 53482.00, including 5482.00 in investigative costs, a-ainst Jackie, Bass
Swinc Farm for dischar-ino animal waste into the waters of the State. On Auc ust 9. 1993, a partial
remission was granted and the total civil penalty was reduced to $1,982.00. DWQ received a check for
S 100.00 (check #3380) from Jackie Bass on September 2, 1993. DWQ and Jackie Batts entered into a
payment schedule to settle the remainder of the above-described civil penalty for the violations contained in
the assessment document. Jackie Bass agreed to pay the rest of the civil assessment, 51,882.00 -in
payments of S 156.83 each for 12 months_ The first payment of 5156.83, check # 350, was received by
DWQ on October 8. 1993. The second payment of S 156.83, check # 3587, was received by DWQ on
March 31. 1994. The third payment of 5156.83, check # 3611, was received by DEM on May 25, 1994.
The fourth payment of S 156.8 3, check # 3630, was received by DWQ on July 18, 1994. The fifth
Payment of S 156.53; check # 3706, was received by DWQ on October 18, 1994. No subsequent
payments have been received.
Please initiate collection proceedings for this case. Copies of the certified mail return receipts and
Certifications from the Office of Administrative Hearinbs have been attached to copies of the
correspondin4� assessment.
Thank you for your assistance in this mater. Should you have any questions, please contact
Shannon Lamle), at (919)733-.5083, cxt. 581.
ATTACHMENTS
cc: RiTy ttesulle_Re -0 ffice
Enforcement file
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Aff rma,iv3 action Employ; 50 recycled/ to post-consurner paper

State of North Carolina LT
Department of Environment, I"
Health and Natural Resources 4 • •
Division of. Environmental Management
Jaynes B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary E) EE H
A. Preston Howard, Jr., P.E., Director
January 5, 1994
MR. JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CL'`TON NC 28328
RE: Request for Payment Schedule for Civil Penalty
Jackie Bass Swine Farm
File No, CD 93-07
Sampson County
Dear Mr. Bass -
On March 4, 1993, the Director, Division of Environmental Management (DEM), assessed a
civil penalty assessment in the amount of 53482-00, including 5482.00 in investigative costs, against
Jackie Bass Swine Farm for discharging animal waste into the waters of the State. On August 9,
1993, a partial remission was granted and the total civil penalty was reduced to 51,982.00- DEM
received a check for S100.00 (check #3380) from Jackie Bass on September 2, 1993. DEM and
Jackie Bass entered into a payment schedule to settle the remainder of the above-described civil penalty
for the violations contained in the assessment document. Jackie Bass agreed to pay the rest of the civil
assessment, $1,882.00, in payments of 5156.83 each for 12 months. The first payment of 5156.83,
check r 8370, was received by DEM on October 8, 1993. No subsequent payments have been
received.
If any civil penalty has not been paid within 30 days after the final agency decision has been
served on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary of the-
Department
heDepartment of. Environment, Health, and Natural Resources to request the Attorney General to institute
a civil action. in Superior Court of any county in which the violator resides or has his or its principal
place of business to recover the amount of the assessment. DEM has the certified mail green card that
shows that the letter from the Director granting partial remission was received by Helen Hunter Bass
on August 16, 1993.
This letter serves as final notice that the Division will proceed to refer your case to the North
Carolina Attorney General's Office for collection through the courts unless payment of 5627.32
(payments due on 11/1/93, 1211/93, 111/94, and 2/1/94) is received by DEM prior to February 1,
1994.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 0% post -consumer paper

Any default in payment or failure to submit payment by the day of the month in which payment
is due will result in the immediate referral of this case to the Attorney General's Office for collection
through the courts. Jackie Bass Swine Farm should also acknowledge that DEM reserves the right to
take enforcement action against Jackie Bass Swine Farm for future violations within its authority
should they occur.
Should you have any questions, please contact Linda Forehand McCollum or myself at
[phone].
Sincerely,
r
Janne Williams Wilburn, Supervisor
Compliance/Enforcement Group
cc- DEEM Fayetteville Regional Office
Enforcement He

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
Jackie Bass Swine Farm
On April 28, 1993, the Director, Division of Environmental Management (DEM), assessed
a civil penalty assessment in the amount of $3,482.00, including 5482.00 in investigative costs,
against Jackie Bass Swine Farm for discharging animal waste into the waters of the State. On
August 9, 1993, a partial remission was granted and the total civil penalty was reduced to
$1,982.00.
In order to resolve this matter, DEM and Jackie Bass'Swine Farm agree to enter into a
payment schedule to settle the above-described civil penalty for the violations contained in the
assessment document. Jackie Bass Swine Farm agrees to pay the civil assessment of $1,982.00 as
per the terms below as full settlement of Case No. CD 93-07 and understands that any default in
payment or failure to submit payment by the day of the month in which payment is due will result
in the immediate referral of this case to the Attorney General's Office for collection through the
courts. Jackie Bass Swine Farm also acknowledges that ;DEM reserves the right to take
enforcement action against Jackie Bass Swine Farm for future violations within its authority should
they occur.
PAYMENT AMO U\rI
DATE DUL-
DATE PAID
S-100-00
909
S156.83
1011193
IO 1 Z Y3 C'Kit'-35p
$156.83
ll/l/93
S156.83
12/1193
S 150-93
111194
S156.83
211194
S156.83
3/1/94
S156.83
4/1/94
S156.83
5/1/94
d-)E'ACK i 36Plj
S156.83
6/1/94
S156.83
71194
S156.83
811/94
$156.87
911194
16Gt;�dR 3
$1,982.00
Payments should be by check payable to "NC Dept. of EHNR" and should be submitted to the
attention of Dianne Williams Wilburn at the address below:
Depa,-tment of Environment, Health, and Natw-al Resources
Division of' Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
ackie Wayne Bass Date
Jackie Bass Swine Farm
Route l Box 16
Bafh, NC 27808
to
A. restos Roward, Jr. P. E. Date
Director, Division of Environmental Management

State of Warth�Carolina
Department of Environment,
Health and Natural Resources • •
Fayetteville regional Office
MOM
James B. Hunt, Jr„ Governor p E H N ri
Jonathan B, Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 14, 1995
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
SUBJECT: Compliance Inspection
Sampson County
Dear Mr. Bass:
On July 26, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance
Inspection Report for your information. It is the opinion of this office that this facility is
in compliance with 15A NCAC 2H, Part.0217, and that Animal Waste Management is being
properly performed.
Should you have any questions regarding this matter, feel free to contact me at (9 10)
486-1541.
Sincerely,.
/7 Wz"X-AL-
Ricky
Revels
Environmental Technician IV
Enclosure
cc: Facility Compliance Group
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10`16 post -consumer paper

Site Requires Immediate A IIID
Attention:
Facility No. 82 -SSS
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SrrE VISITATION RECORD
DATE: 1-t-3Z(a , 1995
Time: I cF ; 3 D
,Fazm NamdOwner: Ic, C_ %C'5.5 / __%6 jk e- S a v s
Mailing Address: Z lv z!- z i44 nr4GY 'Cd C; l 'r N -+: m N c z Z 3 z r
Integrator: Cax2co it Is G a -X . Phone:
,On Site Representative:_ _� �� � 8c sx —Phone: (910)
Physical Addrass/Location: S'k- / 7 3 8
Type of Operation: Swine ✓ Poultry Cattle
Design Capacity: z 50 Sa -i . Number of Animals on Site:
Latitude:—
Number: ACE DEM Certification Number. ACNEW
Latitude: O . Longitude: O f
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately l Foot + 7 inches) ��r No Actual Freeboard: z Ft. Inches
Was any seepage observed from the lagoon(s)? Yes m<OWas any erosion observed? Yes or®
Is adequate land available for spray? r o Is the cover crop adequate? (Iji)oi No
Crop(s) being utilized: t3er.41A a f r�SC4-e_
-Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? or No
100 Feet from Wells? e6i or No
Is the animal waste stockpiled within I00 Feet of USGS Blue Line Stream? Yes ori
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes ori
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or (!&) If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? (r No
Additional Comments:
��'ek Re.vt[s
'Inspector Name
R� R�
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAyerrEVILLE REGIONAL OFFICE
March 5, 1998
C rJ:► �l' :!• i � !
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
Subject: Request for Information
Jackie Bass Swine Farm
Reg. # 82-555
Sampson County
Dear Mr. Bass:
On February 18, 1998 staff from the Division of Water Quality inspected
your facility. During the visit, an inspection of the lagoon structures identified
freeboard levels less than that required by your Certified Animal Waste
Management Plan (CAWMP). In order to determine what actions are required
to be initiated by the Division of Water Quality, you are requested to submit
information, specifically; pumping records, lagoon level records, rainfall records
if available, and waste analysis records for review on or before March 20, 1998_
Although we will make every effort to work with you in correcting the
problems found at your facility, please be advised that nothing in this letter
should be taken as preventing the Division from taking appropriate enforcement
actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to
contact Mr. Robert Heath at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Kerr T. Stevens
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2830 1-504 3
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER • lSO% RECYCLED/10% POST-CONXVMER PAPER

".WAYNE MCOE'VI7T �
~. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 5, 1998
1;M • l o M l
Mr. Jackie Bass
2642 Hunter Road
Clinton, NC 28328
Subject: Request for Information
Jackie Bass Swine Farm
Reg. # 82-555
Sampson County
Dear Mr. Bass:
On February 18, 1998 staff from the Division of Water Quality inspected
your facility. During the visit, an inspection of.the lagoon structures identified
freeboard levels less than that required by your Certified Animal Waste
Management Plan (CAWMP). In order to determine what actions are required
to be initiated by the Division of Water Quality, you are requested to submit
information, specifically; pumping records, lagoon level records, rainfall records
if available, and waste analysis records for review on or before March 20, 1998.
Although we will make every effort to work with you in correcting the
problems found at your facility, please be advised that nothing in this letter
should be taken as preventing the Division from taking appropriate enforcement
actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to
contact Mr. Robert Heath at [phone].
Sincerely,
0 &��rf�4
Robert F. Heath
Environmental Specialist
cc:_ Kerr T. Stevens
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

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISIONRL2"
April 17, 1998
Jackie &Helen Bass
2 3 1998
Jackie & Helen Bass Farm, Carrolls #2224
2612 Hunter ltd FAyE_T f L! [-
Clinton NC 28328 REG. OF iC%
Subject: Classisfication of Animal Waste Management Systems
Facility: Jackie & Helen Bass Faun, Carrolls #2224
Facility ID #: 82-555
County: Sampson
Dear Mr_ Bass:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on
June 21, 1996. This bill requires that a certified operator be designated as the Operator in
Charge by January 1, 1997, for each animal waste management system that serves 250 or
more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000
or more confined poultry with a liquid animal waste management system. Our records indicate
that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is available for animal waste management system
operators_ For information on the training programs please contact your local Cooperative
Extension Agent. Operator certifications are issued by the Water Pollution Control Systems
Operators Certification Commission (WPCSOCC). For information on the certification
process, please contact the Technical Assistance and Certification Group at [phone].
The type of training and certification required for the operator of each system is based on the
nature of the wastes to be treated and the treatment process(es) primarily used to treat the
animal waste. There are two types of animal waste management systems, Type A and Type
B. Type A animal waste management systems are generally used to treat waste generated by
monogastric animals which produce a low -fiber waste. Type B animal waste management
systems are generally used to treat waste generated by ruminants and other animals which
produce a high -fiber waste. The type of training and certification an operator receives should
correspond with the type of system(s) they intend to operate. For more information on the
classification of your system please contact the Technical Assistance and Certification Group.
As the owner of a registered animal operation with an animal waste management system, you
must designate an Operator in Charge and must submit the enclosed designation forth to the
WPCSOCC. If you do not intend to operate your animal waste management system yourself,
you must designate an employee or en -age a contract operator to be the Operator in Charge.
The person designated as the Operator in Charge, whether yourself or another person, must
possess a currently valid certificate of the appropriate type.
Sincerely,
WW -4. ly�`
4A1—
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Fayetteville Regional Office
Water Qualiiy Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
P.O.BOx 29535, RALEIGH, NORTH CAROLINA 27626.0535
PHONE[phone] FAXSIS-733-1338
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I0% POST -CONSUMER PAPER

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Jackie Bass
Jackie & Helen Bass Farm
Rt 5 Box 306 -AA
Clinton NC 28328
SUBJECT: Operator In Charge Designation
Facility: Jackie & Helen Bass Farm
Facility ID#: 82-555
Sampson County
Dear W. Bass:
1DF_=HF;Z
RECEIVED
NOV 19 1996
FAYEiTEVILLE
REG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on-going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919(733-0026.
Sincerely,
A. Preston Howard, Jr., P. or
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687,Nf
li��
Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 - 50% recycled/ 10% post -consumer paper

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State of North Carolina
:a Department of Environment,
Health and Natural Resources • •
Fayetteville Regional Office
James B. Hunt, Jr., GovernorAdft
C F1
Jonathan B. Howes, Secretory C
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 18, 1995
Jackie Bass
Route 5, Box 306AA
Clinton, NC 28328
SUBJECT: Compliance Inspection
Confined Animal Feedlot Operation
(CAFO)
Sampson County
Dear Jackie Bass:
On January 11, 1995, an inspection of your animal operation was performed by the
Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection
Report for your information. It is the opinion of this office that this facility is operating in such
a way threatens compliance with 15A NCAC 2H, Part .0217, and that an Animal Waste
Management plan is necessary to insure compliance with these rules.
Your attention is drawn to Item IV of this inspection report. Please be advised that
should any discharge of animal waste from your lagoon system occur, this office will
recommend enforcement action against Jackie Bass Farms for violations of 15A NCAC 2H, Part
.0217.
Should you have any questions regarding this matter, feel free to contact me or Paul
Rawls at [phone].
Sincerely,
� r
Michae y
Environmental Technician
MM/zlt
Enclosure
cc: Facility Compliance Group
Wachovia Building, Suite 714, Fayetteville. North Carolina 28301-5(343 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ I M post -consumer paper

IV
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH & KUWRAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGE 1EXT
Fayetteville Regional Office
Animal Operation compliance Inspection Form
Farm Na- /Owner
Jackie Base
Mailing Address
Jackie Bass
Route 5 Box 306AA
Clinton, NC 28328
Inspection Date
11 .Ian 95
Fara No.
2224
All questions answered negatively will be discussed in sufficient detail in
the Comments Section to enable the deemed Permittee to perform the appropriate
corrections:
SECTION I
Animal
rationnowine,
Horses, cattle, poultry, or sheep
SECTION II
Y N Comments
I.
Does the number and tyke of animal meet
the (.0217) criter 1 t attle (100 head),
horses (75), swine50), sheep (1,000), and
poultry (30,000 bird�wjth liquid waste
system))
2.
Does this facility meet criteria for Animal
Operation REGISTRATION?
i_
3.
Are animals confined fed or maintained in this
facility for a 12 -month period?
X
4.
Does this facility have a CERTIFIED ANIMAL WASTE
MANAGEMENT PLAN?
a
` (6ee comments)
S.
Does this facility maintain waste management
records (volumes of manure, land applied,
spray irrigated on specific acreage with
specific cover crop)?
Jx—
(see comments)

ti
Administration and Program Management Y N Comments
6. Does this facility meet the SCS minimum
setback criteria for neighboring houses,
wells, etc.
SgQTION III
Field Site Management Y N Comments
1. Is animal waste stockpiled or lagoon
construction within 100 ft. of USGS Map
Map Blue Line Stream?
2. Is animal waste land applied or spray
irrigated within 25 ft. of a USGS Map
Blue Line Stream? x
3. Does the facility have adequate acreage on
which to apply the waste? 7 acres �x_
4. Does the land application site have cover
crop in accordance with the CERTIFICATION PLAN? x�
fescue & coastal
5. Is animal waste discharged into waters of the
state by man-made ditch, flushing system, or
other similar man-made devices? x
6. Does the animal waste management at this
farm adhere to Best Management Practices (BMP)
of the approved CERTIFICATION? _x
7. Does animal waste lagoon have sufficient
freeboard? How much? (Approx. 2 ft.) _xL
(less than 2 feet in some areas)
S. Is the general condition of this animal facility,
including management and operation, satisfactory?
SECTION IV
Section II 04
There presently is no waste management plan at this operation, however, it is
advised that one be established in accordance with SCS requirements. This
office (DEM, WQ) will be checking back to confirm establishment of plan.
15 These records will be maintained along with waste management plan in the
future. A copy of the proposed log is attached to this report.
Section III #7
Lagoon was observed to be at near maximum capacity during inspection.
Recommend operator try to maintain sufficient freeboard to prevent runoff in
case of access, or unexpected accumulation of waste, rain, etc.
Section III #8
Recommend operator properly remove and dispose of dead animals from lagoon in
timely manner.

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I

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MR JAME WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
LTI.K?FA
IT 0
A&4
�EHNF=?L
October 18, 1994
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
CSannp nso County`=
Dear Mr. Bass:
oj
',�.L\ OCT 25199
ENV. MANAGEMENT
FAYE•TTEVILLE REG. OFFICE
This is to acknowledge receipt of your check No. 3705 in the amount of S 156.87
received from the Jackie Bass Swine Farm.
This is the sixth of twely scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
[phone], ext: 233.
Sincerely, �/ `/-
Dianne Willhams Wilburn, Supervisor
Enforcement/Compliance Group
cc: (Regional -Office)
Endo emrc ent/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 509'6 recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 12, 1993
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farre
File No. CD 93-07
Sampson County
Dear Mr_ Bass:
F:1
RACE'0VE©
JUN 0 6 1997
FnsEMEND
REG. OFF!'CE
This is to acknowledge receipt of your check No. 350 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the second of twelve scheduled payments as agreed to by theDivision and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
[phone], ext: 233_
Sincerely,
ianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
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� l.;Fd4;AI LI I IGI II. VI LL IVII VI III LCI IL,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P -E., Director
Sept. 17, 1993
MR. JACKIE WAYNE BASS
JACKS BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
RE: Request for Payment Schedule for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
This is to acknowledge receipt of your check No- 3380 in the amount of $100.00 towards the
payment of civil penalty of 51,982.00 assessed against Jackie Bass Swine Farm. If you would like to
pay for this penalty on a monthly basis, you will be required to enter into an agreement with the Division.
Please find attached a payment schedule agreement. You must sign, date this agreement and
return it with your second payment prior to the due date.
Sincerely,
'C 6.
4 A. Preston Howard, Jr. P.E.
cc: DEM Fayetteville Regional Office
-Enforcement File
P.Q. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
-telephone [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES q-qCASH RECEIPTS ,JOURNAL DATE• �]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 6, 1994
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
A4
I DEHNF1'
R— 9='-� 7-- fin, r+ ems --D
J aJIN U 0 1997
FA EiF f::Vi LLa
REG. OFFICE
This is to acknowledge receipt of your check No. 3587 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the third of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions_ If you have any questions concerning this matter, please call me at
[phone], ext: 233.
Sincerely,
Dianne Willhams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50°10 recycled/ 10% post -consumer paper

NORTH CAROLINA DEP'ARTMEN'T OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
CASH RECEIPTS JOURNAL DATE
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James S. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 3, 1994
MR JACKIE WAYNE BASS
7ACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
LTX.;TA
E)EHNF=?k
This is to acknowledge receipt of your check No. 3611 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the fourth of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
[phone], ext: 233.
Sincerely,
�t II V -f L
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
Enforcement/Compbance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
CASH RECEIPTS JOURNAL
DIVISION _ +�' _ SECTION
MANAGEMENT DATA
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 18, 1994
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr_ Bass:
.V�
E)EHNF1
This is to acknowledge receipt of your check No. 3630 in the amount of $156.83
received from the Jackie Bass Swine Farm.
This is the fifth of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Faun. Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
[phone], ext: 233.
Sincerely,
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
cc: Regional Office
Enforcement/Comphance File
Central File
P_O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NO.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P:E., Director
MR JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
I L71.9�qAl
q?
�. 0 0A&r
�EHNF1
October 18, 1994
SUBJECT: Request for Payment for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
This is to aclmowledge receipt of your check No. 3706 in the amount of $156.87
received from the Jackie Bass Swine Farm.
This is the sixth of twelve scheduled payments as agreed to by the Division and the
Jackie Bass Swine Farm. Payment of these penalties in no way precludes further
enforcement actions. If you have any questions concerning this matter, please call me at
[phone], ext: 233.
Sincerely,
Dianne Willliams Wilburn, Supervisor
Enforcement/Compliance Group
DWW/bc
cc: Regional Office
Enforcement/Compliance File
Central File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opporiunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION
CASH RECEIPTS JOURNAL
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• �, d �'T� C" 1
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRAnVE HEARINGS
March 22, 1994 '
JUN 0 6 1991 MAS 2r i�s,� —�
- ,J
11 E- 0FF10,
Mr. Steve W. Tedder
-
N. C. Department of Environment, Health an
and Natural Resources
Division of Environmental Management
Water Quality section R E C E I V EZ
512 North Salisbury St. WATER QUALITY SECTION
Raleigh, NC 27604
MAR 2 � 190d
Re: Jackie Bass/CD 93-007
OPERATIONS BRANCH
Dear Mr. Tedder:
In response to your letter concerning the above -
referenced matter, please find attached a Certification
sinned by Julian Mann., III, Chief Administrative Law Judge
and Director of the Office of Administrative Hearings.
Should you have any questions please give me a call.
Sincerely,
D an C. Farrar
Chief Hearings Clerk
Attachment
POST OMCE DRAWER 2744 7 1 RALEIGH. NORTH CAROLINA 2 7611-74.47
RULES: 9191733-2678 ADMINISTRATION: 9191733-2691 HEARINGS: 9191733.2698
FAX: [phone] FA]i: 919/733-3478

i'' • - "m ' STATE OF NORTH CAROLINA
COUNrFY OF WAKE
INT THE OFFICE OF
ADMINISTRATIVE HEARINGS
CERIIFICATION
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of
records of the contested cases filed pursuant to G.S. 150B -23(a), that he has mace a diligent
search of the records of this Office and has found that through March 10, 1994, no open petition
exist that wars -filed by Mr_ Jackie Bass sufficient to commence a contested case concerning the
matter of violations of G.S. 143-215.1 (a)(1) makin an outlet into the waters of the tate.
This the • _ 2r day of _ M(:k C. h , 1994.
Julian Mann, I
ief Administrative Law Judge
Director

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
,lames B. Hunt, Jr., Governor
Jonathan 8. Howes, Secretary
A. Presfon Howard, Jr., P.E., Director
April 30, 1993
mi
Mr. Jackie Bass
Jackie Bass Swine Farm
Route 5 Box 306AA
Clinton. North Carolina 28328
4••
A �
C�EHN�
SUBJECT_ Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
Sampson County
File No. CD 93-07
Dear Mr. Bass:
J 1UN D ' 1997,
FRA` 2TrF_ IL E
RF=C. oFFICE
This letter transmits notice of a civil penalty assessed against Mr. Jackie Bass in the amount of
$3482.00 including 5482.00 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken Linder
the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health, and
Natural Resources (do not include waiver form). Payment of the penalty will not foreclose
further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.Q. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535. Rdeigh, North Carolina 27626-0535
An Equal opportunity Affirmative Action Employer
1
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the properprocedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B -
282.1(b) were wrongfully applied.t6the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
KO
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, 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 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Office of General Counsel
NCDEIHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within hS im+ days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty_ Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment_
If you have any questions, please contact Kent Wiggins or Dianne Williams
Wilburn at [phone].
Sincerely,
4A. Preston How r., P. E.
Director
ATTACHMENTS
cc: Regional Supervisor
Compliance/Enforcement File
Central Files
Public Information Officer

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMNUS S ION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADIv MSTR.ATIVE HEARINIG A N11)
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document_
This the
day of
ADDRESS
TELEPHONE
M
�]

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
JACKIE BASS/BASS SWINE FARM
FOR VIOLATIONS OF:
G.S. 143-215.1(A)(1)
MAKING AN OUTLET INTO
WATERS OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL, MANAGEMENT COMMISSION
File No. CD 93-07
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (GS) 143-215.6A, I,
A. Preston Howard, Jr., Azt44 4� Director of the Division of Environmental
Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Jackie Bass is the owner/manager of a animal feeding operation
located at NCSR 1738 in, Sampson County, North Carolina_
B- On January 5, 1993, DEM staff observed a discharge of wastewater
from an animal waste lagoon, entering a ditch and flowing into an
unnamed tributary to Hoe Swamp, a class C -Swamp tributary of the
Black River in the Cape Fear River Basin.
C_ In a letter dated April 20, 1992, the Director, Division of
Environmental Management (DEM), notified Jackie Bass by certified
mail that said animal operation had been designated a "Concentrated
Animal Feedlot Operation" (CAFO) in accordance With 15A NCAC 2H.
0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all -discharges of animal waste to waters of the State
must be permanently eliminated within 60 days or an application for
a National Pollution Discharge Elimination System (NPDES) permit
must be submitted.
E. The Director's letter also stated that the CAFO designation could be
contested by filing a petition for an administrative hearing in the
Office of Administrative Hearings (OAH) within 30 days of receipt of
the designation letter.
F. Jackie Bass did not apply for an NPDES permit since the discharge
was eliminated and did not petitioned for an administrative hearing
to contest the CAFO designation.

Findings and Decisions
Page 2
G. On January 05, 1993, personnel from DEM's Fayetteville Regional
Office inspected the animal operation and observed waste from a
lagoon entering a man• -made ditch and flowing into an unnamed
tributary to Hoe Swamp, a tributary of the Black River in the Cape
Fear River Basin.
H. The waters of Hoe Swamp are classified as class "C -Swamp" water of
the State.
I. On January 22, 1993, the DEH Regional Supervisor sent Jackie Bass a
notice of Violation stating that making an outlet into waters of the
State was a violation of G.S. 143--215.1(a)(1). The Notice ordered
the immediate elimination of all discharges and stated that an
enforcement action was being prepared against the operation.
J_ The costs to the State of the enforcement procedures in this matter
totalled 5482.00..
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jackie Bass is a "person" within the meaning of G.S. 143-215.6A
and G.S. 143--212(4).
B. A man-made ditch constitutes waters of the State within the meaning
of G.S. 143-215.1(a)(1) and G:S. 143-212(6).
C. Bass's animal operation, a properly designated CAFO, was required to
obtain an NPDES permit prior to discharging animal waste into waters of
the 'State.
D. Bass's discharge of animal waste into waters of the State without a
permit on or about January 5, 1993, was a violation of G.S. 143-
215.1(a)( -l) -
E. A civil penalty of up to $10,000.00 per day per violation may be
assessed pursuant to G.S. 143--215.6A(b).
F. The State's enforcement costs in this matter may be assessed against
Jackie Bass's animal operation pursuant to G.S. 143-215.3(a)(9) and G.S.
143b-282-1(b)(8)-
G_
43b--282-1(b)(8)-G_ The Director, Division of Environmental Management, pursuant to
delegation provided for by G.S_ 143-215.6A(h), has the authority to
assess civil penalties in this matter.

Findings and Decisions
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION:
Accordingly, Jackie Bass animal operation is hereby assessed a civil
penalty of:
$_ �f,000.00 For making an outlet into the waters of the
State in violation of G.S. 143-215.1(a)(1).
$ 0. 0 C> TOTAL CIVIL PENALTY, which is -5-0
percent of the maximum penalty authorized by
GS 143-215.6A.
S �/ e Z. 4.0 Enforcement costs.
$ �q e Z. C>0 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty I have considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regula-
tory authority; and
(B) The cost to the State of the enforcement procedures.
-Ze - 93
(Date)
A. Preston Howard, Jr., P- .
Director.
Division of Environmental Management

SENDkR' yI
• Cnmplote items 1 and/or 2 for additional services. also wish to receive the
• Complote-items 3, and -Aa & b, following services (for an extra
EA • Print your name and address on the reverse of this form so fae):
U7 that we can return this cafd to you,
• Attach this form to the front of the mailpiece, or on the CD Addressee's Address
o back if space does not ptrnrit.
3 • Write "Return Receipt Requested" on the mailpiece next to 2, ❑ Restricted Delivery
E9 the article number. Consult postmaster for feu.
a 3. Article Addressed to, 4a. Arta Number LL,,
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4b. Service Type
"' & $ W" u : ❑ Reeist$rad Insured
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O6fiE aunt 'QQQ� wro4 Sd �[ l�,j ftp 7, Date of fJelive
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t natur dress el % B. Addressee's Address (Only if requested
I and fee is paidl
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PS Fpfrn JH T1, October 1990 *U.S. GM ria-.rrs.eer DOMESTIC RETURN RECEIPT

KEW
c APR 23 1992
ENV. mANAGEMENY
`°~ •' FAYomiLLE REG. OFFICE
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27644
James G. Martin, Governor George T. Everett, Ph.D
William W. Cobey, Jr., Secretary April 20, 1992 Director
RegkLn 1f�
Asheville
704851-6208
Fayetteville
919/486-1541
Raleigh Mr. Jackie Bass
919/571-4700 pcute 5, Bax 306AA
Clinton, NC 28328
Washington
919/946-6481 SUBS BCT:
Wilmington
919/395-3900
Winston-Salem
919/896-7007
Dear Mr. Bass:
Designation of cbncentrated
Animal Feeding operation
Jackie Bass (Carroll's) Swine
Farm NC SR 1738
Clinton, Sampson County, North
Carolina
This letter is bo. notify you that the Jackie Bass (Carroll's
contractor)_ Swine Farm, Feeder Pig Operation, is hereby designated
a concentrated animal' feeding operation in accordance with
Title 15, North Carolina Administrative Code 2H .0123, and adapted
Federal Ragul..ations 40 CFR 122.23. The designation of your feeder
Pig operation was based on an inspec-iicn conducted an February 3,
1992, by members of the staff of the Fayetteville regional Office.
This inspection showed that you had established a concentrated
feeding operation miring such designation based upon the
following facts:
1. A discharge to a nam- trade ditch into an unnamed
tributary of Hoe Swamp had previously occurred frran
a small wastewater holding basin adjacent to one of
the four (4) hog houses. Hoe Swamp is in the
watershed of the Cape Fbar River Basin, which is
classified "C" Swamp.
2. Your feeder pig operation houses 280 swine greater
than 55 lbs. at all times_
Pollution Prevention Pays
P.O. Boz 29535, Ralcigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Jackie Bass
Page 2
A National Pollutant Discharge Elimination System (NPDES)
permit is required for discharges of waste to the surface waters
of the state. However, if you can permvnently eliminate the
discharge by implementing changes within sixty (60) days of your
receipt of this notice, including, but riot limited to, modifica-
tions to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If compliance
has been achieved, you must notify us in writing within sixty (60)
days describing, in detail, the changes or modifications you made.
If the discharge of wash to the surface waters of the state
is not permanently eliminated within sixty (60) days of receipt of
this notice, an NPDES permit application must be submitted within
that time.
Permit applications should be submitted, in
Director, Division of Environnental Management,
Raleigh, NC 27626-0535. Assistance, if desired,
by contacting Mr. Ta y Stevens, Water Qua
Suite 714, Favetteville. NC 28301-5043. (919)
nondischarging animal waste management system.
duplicate, to the
P.O. Box 29535,
can be obtained
For your information, the following items are enclosed:
1. Che copy of the Federal Register - Concentrated
Animal Feeding Operations, 40 CFR 122-23.
2. Three copies of NPDES Discharge Permit application,
Short Form B.
If you need financial or technical assistance with regard to
managing animal waste, you should contact your county extension
chairman, the Sail Cbn.servation service or the local Soil and
Water Conservation District.
If you wish to contest this Designation, you must request an
administrative hearing within thirty (30) days of your receipt of
this Notice. 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,
P.O. Drawer 27447, Raleigh, NC 27611-7447. A copy of the Petition
should be filed with this office.

0
Mr. Jackie Bass
Page 3
If you do not request an administrative hearing, this
Designation will became final in thirty (30) days.
Should you have any questions regarding this Imatter, please
do not hesitate to contact us.
SWT/RR/tf
cc: LP1+_J.t�iIl�nd
Howard Hobson
George Upton
Carroll's
5irioa
George T. Everett

/:'2 O
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 27, 1992
�I�MO�A�D%iM
TO: Kent Wiggins
FROM: K. J. Noland, Regi �•
F11 1
wor
ayetteVi e Regio O ice
SUBJECT: Jackie Bass Swine Farm
SR 173$ V�
Sampson County, Nogth Carolina
Please find attached the designation paperwork for the subject swine farm
for your review.
If there are any questions concerning this matter, please contact
Mr. Ricky Revels at [phone].
MJN/RR/tf
Enclosures

e Rin
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Asheville
704/251-6208
Fayetteville CERTIFIED KA,IL
919/486-1541 RETURN RECEIPT gEOUESTED
Mooresville Mr, Jackie Bass
704/663-1699 Route 5, Box 306AA
Clinton, NC 28328
Raleigh
919/571-4700 SUBJECT:
Washington
919/946-6481
Wilmington
919/395-3900
George T. Everett, Ph.D
Director
Designation of Concentrated
Animal Feeding Operation
Jackie Bass (Carroll's) Swine
Farm NC SR 1738
Clinton, Sampson County, North
Carolina
Dear Mr. Bass:
Winston-Salem
919/896-7007 This letter is to notify you that the Jackie Bass (Carroll's
contractor) Swine Farm. Feeder Pia Operation, is hereby designated
a concentrated animal feeding operation in accordance with
Title 15, North Carolina Administrative Code 2H .0123, and adopted
Federal Regulations 40 CFR 122.23. The designation of your feeder
Pig operation was based on an inspection conducted on February 3,
1992, by members of the staff of the Fayetteville Regional Office.
This inspection showed that you had established a concentrated
feeding operation requiring such designation based upon the
following facts:
1. A discharge to a man-made ditch into an unnamed
tributary of Hoe Swamp had previously occurred from
a small wastewater holding basin adjacent to one of
the four (4) hog houses. Hoe Swamp is in the
watershed of the Cape Fear River Basin, which is
classified "C" Swamp.
2. Your feeder pig operation houses 280 swine greater
than 55 lbs. at all times.
Pollution Prevention Pays
P.O. Boz 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal OpporVanity Af€umative Action Employer

Kr. Jackie Bass
Page 2
A National Pollutant Discharge Elimination System (NPDES)
permit is required for discharges of waste to the surface waters
of the state. However, if you can permanently eliminate the
discharge by implementing changes within sixty (60) days of your
receipt of this notice, including, but not limited to, modifica-
tions to lagoons and 'the implementation of a final waste disposal
plan, a permit application will not be required. If compliance
has been achieved, you must notify us in writing within sixty (60)
days describing, in detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the state
is not permanently eliminated within sixty (60) days of receipt of
this notice, an NPDES permit application must be submitted within
that time.
Permit applications should be submitted, in duplicate, to the
Director, Division of Environmental Management, P.Q. Box 27687,
Raleigh, NC 27611. Assistance, if desired, can be obtained by
contacting Mr. Tommy Stevens Water Quality Supervisor, Suite 714
Fayetteville, NC 28301-5043, [phone]. The applications
should be accompanied by construction plans for the nondischarging
animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated
Animal Feeding Operations, 40 CFR 122-23.
2. Three copies of NPDES Discharge Permit application,
Short Form B.
If you need financial or technical assistance with regard to
managing animal waste, you should contact your county extension
chairman, the Soil Conservation Service or the local Soil and
Water Conservation District.
If you wish to contest this Designation, you must request an
administrative hearing within thirty (30) days of your receipt of
this Notice. This request must be in the form of a written
petition, conforming to Chapter 15OB of the North Carolina General
Statutes, and filed with the office of Administrative Hearings,
P.O. Drawer 11666, Raleigh, NC 27604. A copy of the Petition
should be filed with this office.

Mr. Jackie Bass
Page 3
If you do not request an administrative hearing, this
Designation will become final in thirty (30) days.
Should you have any questions regarding this matter, please
do not hesitate to contact us.
Sincerely,
Steve W. Tedder, Chief
Water Quality Section
SWT/RR/tf
cc: M. J. Noland
Howard Hobson
George Upton
Carroll's

MAILING LIST FOR DESIGNATION LETTER
JACKIE BASS SWINE FARM
M. J. Noland, Regional Supervisor
Fayetteville Regional Office
Division of Environmental Mgmt.
Suite 714, Wachovia Building
Fayetteville, NC 28301-5043
George Upton
Sampson County Agricul. Ext. Srvc.
County Office Building 303-C
Clinton, NC 28323
Howard Hobson
Sampson County SCS
County office Building 303-B
Clinton, NC 28323
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398

ANIMAL OPERATIONS INSPECTION FORM
Date of Inspection: February 3 1992
Name of Owner of Property (Check Register of Deeds or Tax Office):
Jackie Bass
Name of Operator: Jackie Bass
Address: Jackie Bass _
Route 5 Box 306AA
Clinton NC 28328
Phone Number: [phone]
Description of Facility Location (State Road Nos., etc.): (See attached map.)
Type of Operation (Examples: Farrow to finish, topping, dairy, swine, cattle,
chickens -layers or broilers, turkey production, etc.):
Feeder pig swine operation.
Number and Type of Animals or Animal Units: There are 280 swine greater than
55 lbs.
Length of Time Animals have been, are, or will be Stabled or Confined and Fed
or Maintained in any 12 -Month Period:
12 months
Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the
Normal Growing Season over any Portion of the Lot or Facility?
Yes, fescue (hay) is being established on a 4 -acre lot next to the swine
operation.
Description of Other Animal Operations in Immediate Vicinity and Proximity to
Same or Other Surface Waters:
Louis R. Pate Swine Farm is located approximately 1,000 feet from the Bass
farm and drainage is into the same surface waters (Hoe Swamp).
Proximity of Facility to Neighboring Houses, Wells, etc.:
None within 1,000 feet of operation.
Approximate Depth of Groundwater Table in the Area of the Facility or
Discharge:
Approximately 2-5 feet to groundwater table.

Proximity of Facility to Surface Waters (Provide name and class of surface
waters):
Ditch on unnamed tributary of Hoe Swamp, classified "C" Swamp.
Are Pollutants Discharged into the Waters of the State? If so, how?
(Directly or by man-made ditch, flushing system, or other similar man-made
device):
Yes, through man-made ditch.
Do or have Discharges occurred in Response to a Storm Event or Less than a
25 -year, 24-hour Intensity? (If yes, include a brief listing of incidents and
suspected causes.):
Discharges have occurred as a result of water from roof drains discharging
into a waste holding basin located at one of the four (4) hog houses.
Type of Waste Management (Examples: Type of confinement -free stall barns,
sheltered or limited shelter dirt lots, paved or dirt open lots, swine houses,
pasture; type of Waste handling -direct spreading in solid form, slotted floor
with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land
application of liquid manure, spray irrigation, contractor disposal, etc.):
Animals are confined in four (4) slotted floor houses with waste going into a
dual -cell lagoon system. One of the four (4) houses has a separate waste
holding basin which is connected to the two --cell lagoon. The wastewater is
being land applied by spray irrigation by owner.
Condition of Waste Management Facility (Rate as poor -good, no discharge,
sufficient freeboard in lagoon, etc_ Include weather conditions during
inspection.):
Waste management facility is being rated as fair; discharges have occurred
from the small waste holding basin located at one of the hog houses. The
inspection was conducted on a clear, dry day; and no discharge was occurring
at that time. However, there was evidence that a discharge had occurred prior
to the visit (wastewater on ground adjacent to holding basin).
Animal Waste Discharge (Including photos and witness' name, addresses,
telephone numbers, and statements of fact.):
Water Quality Assessment (Include description of sampling, field measurements,
visual observations and slope and vegetative cover of land adjacent to water,
extent of rainfall and other factors relative to the likelihood or frequency
of discharge of animal wastes and process wastewaters.):

A - •
Recommendations made to Owner/Operator:
It was recommended that the roof drain be rerouted to eliminate rainwater
entering the waste handling system.
Recommendations for Further DEN Action (Re -inspect, designate, etc.):
It is recommended by the Fayetteville Regional Office that Jackie Bass Swine
Farm be designated a concentrated feeding operation.
Other Comments:

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 30, 1993
CERTIFIED MAIL
RETURN RECEIPT REQi TESTED
Mr. Jackie Bass -
Jackie Bass Swine Farm
Route 5 Box 306AA
Clinton, North Carolina 28328
SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C.
General Statute(s) 143-215.1(a)(1)
ESampson County
File No. CD 93-07
Dear Mr. Bass:
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
This Ietter transmits notice of a civil penalty assessed against Mr. Jackie Bass in the amount of
$3482.00 including $482.00 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h)_ Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment, Health, and
Natural Resources (do not include waiver form). Payment of the penalty will not foreclose
further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
P.O. Box 29535, Rdeigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10°16 post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B -
282.1(b) were wrongfully applied to'the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions. -
Please submit this information to the attention of -
0
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, 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 27447, Raleigh, North Carolina 27611-7447. A copy of the
petition must be served on the Department as follows:
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, North Carolina 27611

Failure to exercise one of the options above within 1WM days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect. the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period, of this assessment.
If you have any questions, please contact Kent Wiggins or Dianne Williams
Wilburn at [phone].
Sincerely,
4A.Preston How. r., P.E.
Director
ATTACHMENTS
cc: Regional-Supervisa�
Com hance/En orcement File
Central Files `
Public Information Officer

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CML PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Environmental
Management dated, , the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter
and does stipulate that the facts are as alleged in the assessment document.
This the day of , 19_.
BY
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF -
JACKIE BASS/BASS SWINE FARM
FOR VIOLATIONS OF:
G.S. 143-215.1(A)(1)
MAKING AN OUTLET INTO
WATERS OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CD 93-07
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (GS) 143-215.6A, I,
A. Preston Howard, Jr., Ate• Director of the Division of Environmental
Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Jackie Bass is the owner/manager of a animal feeding operation
located at NCSR 1738 in, Sampson County, North Carolina.
B. On January 5, 1993, DEM staff observed a discharge of wastewater
from an animal waste lagoon, entering a ditch and flowing into an
unnamed tributary to Hoe Swamp, a class C -Swamp tributary of the
Black River in the Cape Fear River Basin.
C. In a letter dated April 20, 1992, the Director, Division of
Environmental Management (DEM), notified Jackie Bass by certified
mail that said animal operation had been designated a "Concentrated
Animal Feedlot Operation" (CAFO) in accordance with 15A NCAC 2H.
4122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges of animal waste to waters of the State
must be permanently eliminated within 60 days or an application for
a National Pollution Discharge Elimination System (NPDES) permit
must be submitted.
E. The Director's letter also stated that the CAFO.designation could be
contested by filing a petition for an administrative hearing in the
Office of Administrative Hearings (OAH) within 30 days of receipt of
the designation letter.
F. Jackie Bass did not apply for an NPDES permit since the discharge
was eliminated and did not petitioned for an administrative hearing
to contest the CAFO designation.
0,

Findings and Decisions
Page 2
G. On January 05, 1993, personnel from DEM's Fayetteville Regional
Office inspected the animal operation and observed waste from a
lagoon entering a man-made ditch and flowing into an unnamed
tributary to Hoe Swamp, a tributary of the Black River in the Cape
Fear River Basin.
H. The waters of Hoe Swamp are classified as Class "C -Swamp" water of
the State.
I. On January 22, 1993, the DEM Regional supervisor sent Jackie Bass a
notice of Violation stating that making an outlet into waters of the
State was a violation of G.S. 143-215.1(a)(1). The Notice ordered
the immediate elimination of all discharges and stated that an
enforcement action was being prepared against the operation.
J. The costs to the State of the enforcement procedures in this matter
totalled $482.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jackie Bass is a "person" within the meaning of G.S. 143-215_6A
and G.S. 143-212(4).
B. A man-made ditch constitutes waters of the State within the meaning
of G.S. 143-215.1(a)(1) and G:S. 143-212(6).
C. Bass's animal operation, a properly designated CAFO, was required to
obtain an NPDES permit prior to discharging animal waste into waters of
the State.
D. Bass's discharge of animal waste into waters of the State without a
permit on or about January 5, 1993, was a violation of G.S. 143-
215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day per violation may be
assessed pursuant to G.S. 143-215.6A(b).
F_ The State's enforcement costs in this matter may be assessed against
Jackie Bass's animal operation pursuant to G.S. 143-215.3(a)(9) and G.S.
143b -282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the authority to
assess civil penalties in this matter.

Findings and Decisions
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION:
Accordingly, Jackie Bass animal operation is hereby assessed a civil
penalty of:
$ MDQ• O o For making an outlet into the waters of the
State in violation of G. S. 143-215.1(a)(1).
$ oe-Na a. osi To►rAL CIVIL PENALTY, which is .00
percent of the maximum penalty authorized by
GS 143-215.6A.
$ �4cp Z. 40wo Enforcement costs.
$ -Vele Z. 00 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty i have considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regula-
tory authority; and
(8) The cost to the State of the enforcement procedures.
y -M • 93
(Date)
- - y —
__JJ2�Lj
A. Preston Howard, Jr., PA.
Director-
Division
irector.Division of Environmental Management

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Sept. 17, 1993
MR. JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON NC 28328
rRo
ffl�.�VA
IT 0
Ad
IDEHNR
RE: Request for Payment Schedule for Civil Penalty
Jackie Bass Swine Farm
File No. CD 93-07
Sampson County
Dear Mr. Bass:
SEP 21 1993
ENV. MANAGEMENT
"YETTEVILLE REG. OFFICF
. This is to acknowledge receipt of your check No. 3380 in the amount of $100.00 towards the
payment of civil penalty of $1,982.00 assessed against Jackie Bass Swine Farm. If you would like td
pay for this penalty on a monthly basis, you will be required to enter into an agreement with the Division.
Please find attached a payment schedule agreement. You must sign, date this agreement and
return it with your second payment prior to the due date.
Sincerely,
��
A_ Preston Howard, Jr. P.E.
cc: DE,ISI.EayettevflE-Re_gional�Office
Enforcement File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE
Jackie Bass Swine Farm
On April 28, 1993, the Director, Division of Environmental Management (DEM), assessed
a civil penalty assessment in the amount of $3,482.00, including $482.00 in investigative costs,
against Jackie Bass Swine Farm for discharging animal waste into the waters of the State. On
August 9, 1993, a partial remission was granted and the total civil penalty was reduced to
$1,982.00.
In order to resolve this matter, DEM and Jackie Bass Swine Farm agree to enter into a
payment schedule to settle the above-described civil penalty for the violations contained in the
assessment document. Jackie Bass Swine Farm agrees to pay the civil assessment of $1,982.00 as
per the terms below as full settlement of Case No. CD 93-07 and understands that any default in
payment or failure to submit payment by the day of the month in which payment is due will result
in the immediate referral of this case to the Attorney General's Office for collection through the
courts. Jackie Bass Swine Farm also acknowledges that DEM reserves the right to take
enforcement action against Jackie Bass Swine Farm for future violations within its authority should
they occur.
PAYMENT AMOUNT
DATE DUE DATE PAID
$100.00
912193
$156.83
10/1193
$156.83
1 /l/93
5156.83
12/1/93
$156.83
1/1/94
$156.83
2/1/94
$156.83
311194
$156.83
4/1194
$156.83
5/1194
$156.83
6/1/94
$156.83
71/94
$156.83
811/94
156.87
911/94
$1,982.00
Payments should be by check payable to "NC Dept. of EHNR" and should be submitted to the
attention of Dianne Williams Wilburn at the address below:
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Jackie Wayne Bass
Jackie Bass Swine Farm
Route 1 Box 16
Bath, NC 27808
A_ Preston Howard, Jr. P. E.
Director, Division of Environmental Management
Date
Im

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Certified Mail
Retuot Receipt Requested
MR. JACKIE WAYNE BASS
JACKIE BASS SWINE FARM
ROUTE 5 BOX 306AA
CLINTON, NC 28328
Dear Mr. Bass:
ALT.N?FA
IF
4
WIL
AM L
C)EHNFi
D
August 9, 1993 AUG 13 1993 U, _
ENV. MANAGEMENT
FAYETTEVILLE REG. OFF1C'F
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
County: Sampson
File No: CD 93-07
I considered the information submitted in support of your request for remission in accordance
with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and hereby modify my initial
civil penalty assessruent of $3,482.00 (Civil Penalty - $3,000.00 plus Investigative Costs - $482.00) to
the total amount of $1,982.00.
Should you choose to pay the modified penalties, you may tender payment to me at the letterhead
address on or before August 31, 1993. Please make checks payable to the Department of Environment,
Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions which is comprised of members of the Environmental Management Commission. The
committee ,may consider such requests and render final and binding decisions in these matters. You may
argue your request before the committee and Division Staff will argue for full payment of the initial
assessment.
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Page 2
August 9, 1993
Should you choose to present your request to the committee please notify me at the letterhead
address on or before August 31, 1993. Your request will be scheduled to be heard on the agenda of the
next scheduled committee meeting and you will be notified of the date and time. If a response is not
received by the Division regarding this notice then your request will be scheduled on the agenda for an
upcoming committee meeting.
Thank you for your cooperation in this matter.
4A.rleston
J
Howard, Jr., P.E
cc: Tayetteville: Regional_Offie--e
Enforcement file

DIVISION OF ENVIRONMENTAL MANAGEMENT
January 26, 1993
XXXORANDYN
TO: Steve Tedder, Chief
Water Quality Section
FROM.- M. J. Noland, Regional 5uperviso
Fayetteville Regional Office
SUBJECT: Fast Track Enforcement Report
Jackie Bass (Carroll's) Swine Farm - CAFO
(1) Making An Outlet Into Waters Of The State
[NCGS 143-215.1.(a) (1)
Clinton, North Carolina
Sampson County
Please find enclosed a report concerning the investigation by the
Fayetteville Regional Office during the period January 05, 1993, through
January 06, 1993, regarding a violation of Jackie Bass Swine Farm for Making
An Outlet Into Waters Of The State .
If additional information or further clarification is needed, please
advise.
MJN/RR/rr
Attachments

I certify that the information in this report is true to the best of my
knowledge.
Signature of Principal Investigators: W�/'
Date:
Signature of Regional Supervisor:
Date:

0 J
CONTENTS OF REPORT
I. Introduction
II. Conclusion
III. Recommendation
IV. Report
V. Assessment Factors
VI. Findings and Decisions
ATTACHMENTS
A. Animal Operation Inspection Form -- Jackie Bass Swine Operation
B. Signed Designation Letter -- dated April 20, 1992
C. Pictures --- taken on January 5, 1993
D. Sample results -- taken on January 6, 1993
E. Notice of Violation -- dated January 22, 1993

I. Introduction
The purpose of this report is to show that the Jackie Bass Swine Farm,
a designated Concentrated Animal Feeding operation (CAFO) made an
outlet to surface waters in violation of NCGS 143-215.1.
11. Conclusion
It has been determined that the Jackie Bass Swine Farm violated NCGS
143-215.1(a)(1) on January 5, 1993, for which the farm had previously
been sited and properly designated as a Concentrated Animal Feeding
operation on April 20, 1992.
III. Recommendation
It is recommended that the Jackie Bass Swine be assessed a civil
penalty for making an outlet into surface waters of the State.
IV. Report
The Jackie Bass Swine Farm was inspected on February 3, 1992, (See
Attachment A) and it was determined that the facility had allowed
wastewater to enter a man-made drainage ditch. The inspection resulted
in the -facility being recommended for designation as a concentrated
animal feeding operation. The Director of Environmental Management
designated the facility by certified mail dated April 20,1992. (see
Attachment B)
A complaint received on January 5, 1993, indicated that wastewater was
entering the Gardner family pond, which is located in close proximity
down stream of two swine operations on an unnamed tributary of Hoe
Swamp. An inspection conducted on January 5,1993, by Ricky Revels of
the Fayetteville Regional Office, revealed that the Bass Swine Farm
had made an outlet into surface waters of the State, by allowing a
holding basin to over -flow into a man-made ditch which drains to an
unnamed tributary to Hoe Swamp, Class "C -Swamp" of the Cape Fear River
Basin.
During the course of the inspection a video, pictures (See Attachment
C) and samples were collected for the purpose of proceeding with an
enforcement case. The samples that were collected on January 5, 1993
exceeded the holding time, so additional samples were collected on the
following day. The follow-up inspection conducted on January 5, 1993,
revealed that the holding basin was no longer discharging, even though
a small volume of water was draining into the ditch. samples were
collected (See Attachment D) from area beside holding basin and ditch.
The ditch begans approximately one (1) foot above where the discharge
occurred therefore, no waste can enter the ditch above the location of
the observed discharges. The samples were collected to confirm that
wastewater had been allowed to discharge to the ditch. The sample from
beside Bass's holding basin showed Fecal Coliform 1099/100m1 and
1132/100ml for the ditch sample.

During a phone conversation with Mr. Bass on January 8, 1993, Mr.
Revels was told that corrective action had been taken to control any
future problems associated with the waste system's holding basin. In
addition; Mr. Bass indicated that he was looking into increasing spray
field acreage by adding additional spray field across the road in
order to insure that wet weather conditions would not cause future
problems with waste disposal.
A Notice of Violation (See Attachment E) was sent to Mr. Jackie Bass
on January 22, 1993, for NCGS 143-215.1(a)(1) - making an outlet into
surface water of the State.

DIVISION OF ENVIRONMENTAL MANAGEMENT
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (CD)) CAFO - Discharge after Designation
Violator: Jackie Bass Registered Agent: N/A
Address: Route 5, Box 306AA Address:
Clinton, NC 28328
Regional Office: Fayetteville
1. The degree and extent of harm to the natural resources of the State, to
the Rublic health or to private property resulting from the violation:
No water quality standard violation or fish kill was documented as a
result of this discharge.
2. The duration and gravity of the violation:
The violation occurred over a one (1) day period, gravity considered to
be minor.
3. The effect on ground or surface water cruantity or g1jality or on air
guality:
Fecal Coliform of 1099/100m1 entering a man-made ditch of surface waters
of the State.
4. The cost of rectifying the damage:
Minimum
5. —The amount of money saved by noncompliance:
Bass Swine Farm saved the cost of electricity, and replacement of the
proper type pump. The savings would have likely been several hundred
dollars.
6. Whether the violation was committed willfully or intentionally:
No
7. The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority:
The Jackie Bass Swine Farm's past history of noncompliance includes being
designated a concentrated animal feeding operation for a previous
discharge.

1
Enforcement Case Assessment Factors
Page 2
8_ The cost to the state of the enforcementprocedures:
Costs of this investigation are as follows:
Name of Investigator
Ricky Revels
Anal
Mileage State vehicle
Central office Cost
No. Hours Rate/Hr. Cost
20 $ 14.07 281.40
60.00
40.60
100.00
Total Cost $482.00
9. Type of violator and general nature of business:
This facility is a small privately operated swine farm that is a contract
grower for Carroll's Foods, Inc.
lo. Violator's degree of cooperation (including efforts _to prevent or
restore) or recalcitrance: _
The facility has been cooperative in working with the Fayetteville
Regional Office staff to resolve this matter.
11. Mitigating circumstances:
There does not appear to be mitigating circumstances regarding this
noncompliance. This facility failed to properly manage the wastewater
disposal system.
12. Assessment Factors:
a) IWC: Unknown
b) Receiving Stream: Hoe Swamp "C -Swamp"
C) Damage YIN If yes, include report from WRC: No
13. Include a copy of the previously completed Animal Operation Form:
See Attachment - A.
14. Include a coRy of the Designation letter signed by the Director:
See Attachment - B.

•
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
JACKIE BASS/BASS SWINE FARM
FOR VIOLATIONS OF:
G.S. 143-215.1(A)(1)
MAKING AN OUTLET INTO
WATERS OF THE STATE
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. CD
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (GS) 143-215.6A, I,
A. Preston Howard, Jr., Acting, Director of the Division of Environmental
Management (DEM), make the following:
I. FINDINGS OF FACT:
A. Jackie Bass is the owner/manager of a animal feeding operation
located at NCSR 1738 in, Sampson County, North Carolina.
B. On January 5, 1993, DEM staff observed a discharge of wastewater
from an animal waste lagoon, entering a ditch and flowing into an
unnamed tributary to Hoe Swamp, a class C -Swamp tributary of the
Black River in the Cape Fear River Basin.
C. In a letter dated April 20, 1992, the Director, Division of
Environmental Management (DEM), notified Jackie Bass by certified
mail that said animal operation had been designated a "Concentrated
Animal Feedlot Operation" (CAFO) in accordance with 15A NCAC 2H.
0122 and 40 CFR 122.23.
D. The Director's letter stated that as a result of the CAFO
designation, all discharges'of animal waste to waters of the State
must be permanently eliminated within 60 days or an application for
a National Pollution Discharge Elimination System (NPDES) permit
must be submitted.
E. The Director's letter_also stated that the CAFO designation could be
contested by filing a petition for an administrative hearing in the
Office of Administrative Hearings (OAH) within 30 days of receipt of
the designation letter.
F. Jackie Bass did not apply for an NPDES permit since the discharge
was eliminated and did not petitioned for an administrative hearing
to contest the CAFO designation.

Findings and Decisions
Page 2
G. On January 05, 1993, personnel from DEM's Fayetteville Regional
Office inspected the animal operation and observed waste from a
lagoon entering a man-made ditch and flowing into an unnamed
tributary to Hoe Swamp, a tributary of the Black River in the Cape
Fear River Basin.
H. The waters of Hoe Swamp are classified as Class "C -Swamp" water of
the State.
I. on January 22, 1993, the DEM Regional Supervisor sent Jackie Bass a
notice of Violation stating that making an outlet into waters of the
State was a violation of G.S. 143-215.1(a)(1). The Notice ordered
the immediate elimination of all discharges and stated that an
enforcement action was being prepared against the operation.
J. The costs to the State of the enforcement procedures in this matter
totalled $482.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Jackie Bass is a "person" within the meaning of G.S. 143-215.6A
and G.S. 143-212(4).
B. A man-made ditch constitutes waters of the State within the meaning
of G.S. 143-215.1(a)(1) and G -.S. 143-212(6).
C. Bass's animal operation, a properly designated CAFO, was required to
obtain an NPDES permit prior to discharging animal waste into waters of
the State.
D. Bass's discharge of animal waste into waters of the State without a
permit on or about January 5, 1993, was a violation of G.S. 143-
215.1(a)(1).
E. A civil penalty of up to $10,000.00 per day per violation may be
assessed pursuant to G.S. 143-215.6A(b).
F. The State's enforcement costs in this matter may be assessed against
Jackie Bass's animal operation pursuant to G.S. 143-215.3(a)(9) and G.S.
143b -282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the authority to
assess civil penalties in this matter.

Findings and Decisions
Page 3
Based upon the above Findings of Fact and Conclusions of Law, I make the
following:
III.RECISION:
Accordingly, Jackie Bass animal operation is hereby assessed a civil
penalty of:
:9
For making an outlet into the waters of the
State in violation of G.S. 143-215.1(a)(1).
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized by
GS 143-215.6A.
S Enforcement costs.
$ TOTAL AMOUNT DDE
As required by G.S. 143-215.6A(c), in determining the amount of the
penalty I have considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to
the public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air
quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regula-
tory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) A. Preston Howard, Jr., P.E.
Acting, Director
Division of Environmental Management

ATTACHME T A

low.
AND1AL OPERATIONS INSPECTION FORK
Date of Inspection: February 3. 1992
Name of Owner of Property (Check Register of Deeds or Tax Office):
—Jackie Hass
Raine of Operator: Jackie Bass
Address: Jackie Bass
Route 5 Box 306AA
-Clinton.NC 28328
Phone Number: [phone]
Description of Facility Location (State Road Nos., etc.): (See attached map.)
Type of Operation (Examples: Farrow to finish, topping, dairy, swine, cattle,
chickens -layers or broilers, turkey production, etc.):
Feeder pig swine operation.
Number and Type of Animals or Animal units: There are 280 swine greater than
55 lbs.
Length of Time Animals have been, are, or will be Stabled or Confined and Fed
or Maintained in any 12 -Month Period:
12 months
Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the
Normal Growing Season over any Portion of the Lot or Facility?
Yes, fescue (hay) is being established on a 4 -acre lot next to the swine
operation.
Description of Other Animal Operations in Immediate Vicinity and Proximity to
Same or Other Surface waters:
Louis R. Pate Swine Farm is located approximately 1,000 feet from the Bass
farm and drainage is into the same surface waters (Hoe Swamp).
Proximity of Facility to Neighboring Houses, Wells, etc.:
None within 1,000 feet of operation.
Approximate Depth of Groundwater Table in the Area of the Facility ar
Discharge:
Approximately 2-5 feet to groundwater table.

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ATTACHMENT B

t ENV.
•:... MYMEVI'.LE t�i=G. Ori ICS
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
532 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. F-verett, Ph.D
William W. Cobey, Jr., Secretary April 20, 1992 Dire=
Asheville
704/251-6248
Fayetteville
919/486-1541
Mooresville -a ■;. Mn
Raleigh Mr. Jackie Bass
919/571-4700 Route 5, Boa 306AA
Clinton, NC 28328
Washington
919/945-6481 SURTECT:
Wilmington
9I9/395-3900
Winston-Salem
919/896-7007
Dear Mr. Bass:
Designation of Cbricentrated
Animal Feeding Operation
Jackie Bass (Carroll's) Swine
Farm W SR 1738
Clinton, Sampson County, North
Carolina
This letter is to notify you that the Jackie Bass (Carroll's
contractor) Swine Farm, Feeder Pig Operation, is hereby designated
a concentrated ar� feeding operation in accordance with
Title 15, Horth Carolina Administrative Code 2H .0123, and adopted
Federal Regulations 40 CSR 122.23. The designation of your feeder
Pig operation was based on an inspection conducted on February 3,
1992, by members of the staff of the Fayetteville Regional Office.
This .inspection showed that you had established a concentrated
feeding operation requiring such designatim based upon the
following facts:
1. A discharge to a rmn--ttiade ditch into an unnamed
tributary of Hoe Swamp had previously occurred fran
a small uestewater holding basin adjacent to one of
the four (4) hog louses. Hoe S}amp is in the
watershed of the Cape Year River Basin, rich is
classified "C" Swamp.
2. Your feeder pig operation houses 280 swine greater
than 55 lbs. at all titres.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]

i
Mr. Jackie Bass
Page 2
A National Pollutant Discharge Elimination Systen (NPDES)
permit is required for discharges of waste to the surface waters
of the state. However, if you can pe= anently eliminate the
discharge by implementing changes within sixty (60) days of your
receipt of this notice, including, but not limited to, modifica-
tions to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If ompliance
has been achieved, you mist notify us in writing within sixty (60)
days describing, in detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the state
is not permanently eliminated within sixty (60) days Of receipt of
this notice, an NPMS permit application must be mihmitted within
that time.
Permit applications should be submitted, in
Director, Division of Envira mental Management,
Raleigh, NC 27626-0535. Assistance, if desired,
by contacting Mr. 'Itxttty Stevens, Water Qua
Suite 714, Favetteville, NC 28301-5043. (919)
nondischarging animal waste management system.
duplicate, to the
P.O. Box 29535,
can be obtaired
For your information, the following items are enclosed:
1. One copy of the Federal Register - Cloncentrated
Animal Feeding Operations, 40 CFR 122-23.
2. Free copies of NPDF,S Discharge Permit application,
Short Farm B.
If you meed financial or technical assistance with regard to
managing animal waste, you should contact your county extension
chairman, the Soil Conservation Service or the local Soil and
Water Conservation District.
If you wish to contest this Designation, you must request an
administrative hearing within thirty (30) days of your receipt of
this Nctice. 7hi.s 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 wrings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. A copy of the Petition
should be filed with this office.

Mr. Jackie Bass
Page 3
if you do not request an administrative hearing, this
Designation will beccae final in thirty (30) days.
Should you have any questions regarding this matter, Please
do not hesitate to contact us.
SWr/RR/tf
cc: IOL"J. Nblmd t
Howard Hobson
George Upton
Carroll's
Sincerely,
George T. Everett

ATTACHMENTC

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ATTACHMENT D

r
r
4
NC1.ab
ID ##11
NC Lab
ID #37714
SC Lab
ID 4990267
USDA Lab
ID # 3787
CLIENT: N.C.
DER
EL
MICRO ENVIRONMENTAL LABORATORY. INC.
817 Castle Hayne St., Fayetteville, North Carolina 28303
Phone[phone] - Fax[phone]
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301_
CONTACT PERSON: Mr. R, Rgypls
SAMPLE I.D. 1. Lagoon Discharge - 92MX1089
2. Stream below hog fa=ult - 92MX1090
3.
4.
CERTIFICATE OF ANALYSIS
N° 10613
DATE RECEIVED: 01/06/93 REPORT DATE: 01/15/93
COLLECTED BY: ReV+els PICKED UP BY: ReVels
SAMPLE DATE: 01/06/93 ACCOUNT # #KNO03
SAMPLE CODE: Lagoon & Stream sample
REFERENCE: Jackie Bass Site
< = LESS THAN > = GREATER THAN
DATA REVIEWED BY:
Analysts I Meth. Code I 1 1 2 1 3 1 4
Ammonia as N mg/L)
BOD (mg/L)
Chloride m /L
Chlorine (mg/L)
COD (mg/L)
Fecal Coliform(per 100
Nitrate (mg/L)
Nitrate & Nitrite (mg/L)
Oil & Grease (ma/L)
Phenol (mg/L)
Phosphorus (mc
Solids, Suspend
Solids, Total (m
Total KjeldahlNi
Aluminum (ppm
Arsenic (ppm)
Barium (ppm)
Cadmium (ppm)
Chromium, Total
_Copper (ppm)
Cyanide (ppm)
Iron (ppm)
Lead (ppm)
Manganese(pp
Nickel ppm)
Silver (ppm)
Sodium (ppm)
Zinc (oom)
PAGE 1 OF 1
THE DATA AND OTIIER INFORMATION CONTAINED ON THIS, AND OTHER ACCOMPANYING DOCUMENTS, REPRESENT ONLY THE SAMPLE(S) ANALYZED
AND IS RENDERED UPON THE CONDITION THAT IT IS NOT TO 13E REPRODUCED WHOLLY OR IN PART FOR ADVERTISING OR OTIiER PURPOSES WTFHOUT
WRIT -SEN APPROVAL FROM THE LABORATORY.

ATTACHMENT E

State of North Carolina
Department of Environment, Health, and Natural Resources
Fayetteville Regional Office
FIS. o
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 22, 1993
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jackie Bass
Jackie Bass Swine Farm
Route 5, Box 306AA
Clinton, North Carolina 28328
SUBJECT: Notice of Violation & Recommendation
For Enforcement Action
NCGS 143-215.1(&)(1) - Making an
Outlet Into Waters Of The State
Jackie Base Swine Farm
Sampson County
Dear Mr. Bass:
On Tuesday, January 5, 1993, our office received notification from a
concerned citizen that animal waste was entering their family's pond, which
is located on an unnamed tributary to Hoe Swamp. On the same day, Mr. Ricky
Revels of the Fayetteville Regional Office conducted an inspection of your
swine operation's waste management system. The inspection revealed wastewater
over topping your operation's holding basin, which resulted in an undetermined
amount of animal waste entering a man --made ditch and Hoe swamp, Class "C
Swamp" waters of the State.
During the course of the inspection you were told that measures must be
taken to immediately eliminate the discharge and that an enforcement action
would be prepared regarding this violation. Your facility was designated as a
concentrated animal feeding operation on April 20, 1992, therefore, this
incident represents a violation of NCGS 143-215.1(x)(1)- Making an outlet into
waters of the State. This violation is subject to enforcement action as
defined by NCGS 143-215.6A(b), which allows for assessment of civil penalties
of up to $10,000.00 per day per violation.
WadxMa &iildbtg, Safra 714 • idyetteyple, North Cardin ZMI-5043 • Tdephone 919-4$6-1541 • FAX [phone]
An Equal Opporturdty Afrin &e Action Employer

Mr. Jackie Bass
Page 2
January 22, 1993
During a phone conversation with Mr. Revels on Friday, January 8, 1993,
you indicated that you had taken measures that had eliminated the discharge of
animal waste to surface waters.
It should be pointed out that this letter does not relieve you of the
responsibility to properly manage the wastewater system in such a way that a
discharge to surface waters does not occur.
Upon completion of review of this matter by the Enforcement and
Compliance Group, a determination will be made as to whether an enforcement
action is appropriate and you will be advised in the near future of this
action_
Should you need any additional information or clarification, please
contact Mr. Ricky Revels of this office at [phone].
•Sin firely,
Noland
Regional
MJN/RR/rr