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" WATER Z
LRND�."SECTION Fax :919-?16-6?66 Apr 23 '02 14:51 P. 01
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"SUBJECT TO ATTORNEY -CLIENT PRIVILEGE
,r
ENVIRONMENTAL DIVISION
fr WATER & LAND SECTION
d 919/716-6600
.! Fax: [phone]
4i
To.-
PAUL RAWLS j, Date: 4I23/02
x
RICK SHIVER
Fax #:
PROGRAMMED Pages: 15 PAGES, INCLUDING
From:
COVER SHEET '
ANITA LEVEAUX
Subject. , AMERICAN CANOE ASSOCIATION, INC. et al Y. MURPHY F4RMS, PIC.
d/b/a MURPHY FAMILY FARMS; and D.M. FARMS OF ROSE II:I,, LL.0
k,.VlYi YI.I.:.N 1 S: 1
FYT: BOTH DEFENDANTS'�;MOTIONS TO RECONSIDER AND M TIONS FOR
SUMMARY JUDGMENT WERE DENIED.
Attachment'
?s
,

Em
WATER & LAND SECTION Fax:[phone] Apr 23 '02
o o 14 0 5,
UNTITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
AMERI CAN CANOE
ASSOCIATION, INC.,
PROFESSIONAL PADDLESPORTS.
ASS'N' and' CONSERVATION
^nnTf'TT nr WID t'A-Dnl TXT A
Plaintiffs,
and
THE UNITED STATES,
Plaintiff-Intervenor�-',
y
V.
MURPHY FARMS, INC., d/b/a
M�WHY FAMILY FARMS; and
T
D.M. FARMS OF ROSE HILL, L.I-C,.',
Defendants.
14:51 P. 02
REC-FIVE"iD.,
N.
NO, 7:98--C`V-4-F(A,"r-`N
No. T98-C-V-i9-F(
N`o.,5.-98-CV-2o9-FV11--
I
IRjeg,� j ,
OFFCE op C
iv,
'St6. ,
-
4PR
ENVj,q0tV
NAT4k AfFvr&
X"d
w4
f,
OLtDER
This matter is before the court on the defendants' Motions to Reconsider
Dec 1 aratov) Judgment on Standing (DE 283) and for Summary Judgment under the
Gwaltney test (DE ;0 8 1),
MOTION FOR RECONSIDERATION
On September 2,1998, the court entered an order allowing the plontiff-,'Motion,
for Declaratory Judgment on the is sae of their standing to prosecute this citizens'suit to
The Clean Water Act's citizen suit proirision extends standing to the outer
boundaries set by the "case or controversy" requirement of Article III of tl ie
Constitution. See jWiddlesex Count-4 Sewerage Authority v. National Sea Clammers
4s.,;'n,453T-T.S:.1,16,(i98l). Accordiagly, the statutoryand constitutional standing
issues merge, atad they only issue is vvhether the plaintiffi have Article III Aanding.
I
K

WATER & LAND SECTION Fax:[phone] Apr 23 '02 14:51
MIX11
enforce provisions of the Clean Water Act, see 33 U.S.C. 1365, and ado,
plaintiffs' memoranda as stating the dourt's rationale for so ruling. Two
later, on March'5,:2ooi, the defendants filed a Motion for Reconsiderati,
Declaratory Judgment on Standing';,,suggesting
that the court revisit its c
plaintiffs' standing - and, hence, the coures subject matter jurisdiction
ng the
d a half years
Of
ision on the'
newly discovered eviden.ce.,"..
The defendants correctly note that '[i]t is only appropriate for th e court to
review a previous decision where. [there is] a controlling or significant change in the
law or facts since the submission ofthe issue to the Court.' " DefendantsMemorand
in,
Support of Motion for Reconsideration (hereinafter "Defendants' Stani 11ing Mmao")
(r)F- - 28A)� at (ClUoting United States v. ,Smithti�field 71
(E. D . Va. 1997) (emphasis, supplied by defendants)). Defendants also qu6, te Save Our
Bays &-Beaches v- City and CountypfHonolulu, 904 F. Supp. 2o98, ni�, (D. Haw.
1994) for the proposition that '[c]ourts:have established only three gap.dg jnstitOng
4. "Uon: %,4jrr� aw; f.k4j LAC L1JN4fJVMY GA sizw
evidence not previously available; and (3) the, need to coiTect clear or nxa ifest orror in,
:Jt.
-
.aW or tact, to prevent manifest iniustiae.'',
In order to, satisfy Article III's standing requirements, a plaintiff must
demonstrate
15Y�lv
it has suffered an'iniuact that is (a) Qncnete and particularized
an4p) actual �or impu ent not conjectural or hypothetical; (z) th� injury
- !ai-rty traceable to the challenged action of the defendant; an 3 it is
likely, as opposed to laerely,speculatbve, that the injury
r7 J will be e essea
-By—a favorable decision. An association has standing to bring suitt n behalf
of its members when its members would other -vise have standing sue in
their`9�� right, the interests.,at stake are germane to the organia o n's

�.,
WATER 9 LANDSECTION Fax:[phone]
Apr 23 '02 14:52 P.04
purpose, and neither the clai asserted nor the relief requested rea"Ires
the participation of individuailmembers in the lawsuit
F' 'i'en'ds'6f thj.9&ih,'Inc. v''. Laidlaw,, 528 U.S. 167,, 18o-81 (2060) (citations, omitted),
Here, the defendants contenq�that they have uncovered new evidene that
warrants the court's. reconsiderationpf its order on standing. Specifically,�they offer the
scientific reports of their' erts. ,"that thxp Iey
contend demonstrate an absence of 6mage to the particular waterways at are the
subject of this lawsuit — the Six Runs Creek and the Black River. The di
t�*�.1e] rp
?,M�TFPPt§ prepared and submitted in this case demonstrate
area of Defendants' discfarges is, at; most,., �zmited �to th�eunna=med tribe
[ants declare
the affected
ItO37 r4ld :w - , 'Ite
adjacent to, defendants'ope a and that after a short, tran r
;r --tons
quality concentrations of the constituents of concern returned to ambieakream
concentrations for Six Runs Creek and the Black River., " Defendants' Standing Memo e.-
t6tation omitted) (emphasis in original). Defendants also cite the comrrdssioned
analysis. of Chadwick &Associates which concludes that "ItIhe enviro=Outil health of
bath *'the `Si'ki Zieek and the ood, based on the water: quality and
2LI�43 "Vr li�]-,
benthic invertebrates inform Id. (citation omitted),
The defendants next posit that the plaintiffs lack standing because plain tihm-
cannot demonstrate a genuine nexus between the ,purported injuries and the
defendants' discharges. Again citing to their "experts"' reports, defendants contend
Ghat; not only were the waterways in qui
--------------
out, even it theV,.were, "numerous other
...............
Defendants' Standing Memo at 9.
cusctlarves
411-
=ative culprit�'4pund in the area. -
,Ole -41
3
MR-imi MEM'm

i i
WATER & LAND SECTION Fax:[phone] Apr 23 '02 14:52 P.05
ORE
Finally, the defendants suggest that the plaintiffs' requested relief in this court
will not -Droode,tedtess for their alleged Defendants contend thatthe Couris '
judgment declaring that theyh 01. e ave-Y olat.ed:,ffie_C1ean.,WAter Ad is "worth] ess- becams
they have admitted 'tlky6,schF,��s and already hav_�6- the penalties imused by the JJij
p I
State of North nd o C'arlina. Moreover, the 4efi ants point out that th court already
has issued an laij—Unadon requiring IiX to.,,Dbtain,.an-'I-I.PPZ$.pprmit. And third;
defendants contend that plaintiffs lg:tca� x ding-becausethe alleged,.Clean.Waw Act
X
violations have abated by the time of suit.' Defendants' Standing Memo at
(citation offi"itfed)� i: J
The defendants' arguments echo the� line. of cases -- characterized, jor example, by -
Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 UIS- 49 (1987)
(Gwaltney 1), the two Lujan cases Lujan v. National Wildlife Federati4n, 497 U.S. 87i.
(iggo) and Lujan v. Defenders of Wildlife, 504 U.S. 555 (.1992); Public kipserect
Research Group ofIV.J., Inc. v. Magnesium Elektron, Inc., 123Y.3d to (; d Cir. 1.09
and Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., 179 F-30 1-07 (eti.f
1999) ("Gaston" Copper 1"), revd en'";banc 04
F.3d 149 (2000) — that e raced a
notion of Axlicle IIII standing for environmental citL-en-vit—s Tqqu-'=g t, 4ggrieved
party to establ�sh a strict geo�&Laphilq,pgg4.tqthe ,,,,affeate,d.area, and to de0onstrate a
"harm to the resource" or an "observable negative impact" on the environm'ent 5w,
e.g., Gaston COPPer 1,179 F.3d at 113-14; Magnesium Eleldron, 123 F.3d at 121
(scientific evidence demonstrated that Polluter's discharge was not causing harm -tG. ih
waterway used -by the plaintiffs).
4
®r, t.

WATER & LAND SECTION Fax:[phone]?66 Apr 23 '02 14:52 P.06
This narrow approach to citizen suit standing in environmental cass6s not only
was the dicitiz theiis of the spirit of th, en -suit provisions of the Clear ter Act,' but
,in e which simply prohibits the discharge of pollutain Wto
also of its Pia .1, gu'ag
navigable waters — whether or not the discharge actually can be shown to '��ave ha=64-
the body of water. "[B]y requiring p� I aintiffs to prove harm to the resouro-ir, these [cases)
cus TO W A lean ng the fa
of the standing inquiry from harm to the plaintiff to harm to the resource,j these cases
f�!'Ied to acknowledge that the plaintiffs interest in using the waterway m, ty 1mve been
cognizably injured despite a lack ofAetectable, harm to the resource." Ro�ertV.Perdwj
& Joanna B. Goger, Escaping the Co�nmon Law's Shadow: Standing in t�e Lighi,of
Laidlaw, 12 DL= ENvTL. L. & POLY�. 119, L18 (2001).
The Supreme Court's decision in Laidlaw, however,, re -directed th4 foms of
Article M standing to a harrn-to-the-plaintiffs analysis. The injury-in-faci element
requires that the plaintiff "suffer an'invasion of a legally protected inter Which is
concrete and particularized, as well" actual or imminent." Laidlaw, 528 U-S
at 154; 4
see also Friendsfor Ferrell Parkw4y", L.L.C.?). Stasko282 F-3d 315 (4' Char. 2002).
-0- C A--
aA ""k %LbLl 164L1. %A%�, 1--ly U11 LLIV, -P ULU LU 1.,1KL;LLLL �-U UrL QktVp-, &U,'j
analysis in Friends of the Earth, 1hc','v. Gaston (Zppp ._!?�r�Z�cyclingCor :g94F-0:49
IV
kz+ zuv-vj� 1-1 barivi KAL.51-an Coopperlij, mat case in fact ppprts�.p plaimum,
yp-pprts�.P
N
position in this case, Quoting Laidlaw, the Gaston Copper1l court noted, "We lave
Accor'ding to the Senate committee report on the citizen -suit provision 6f�je'
Clean Water Act, "citizens should be unconstrained to, bring these actions," and
COUrN chrvilM Y;M-'kAqift1-= tm rrvnrirll*"Ir fkayn ?V- ^n --A I A
%AA4A.4.4. U. ANN--F. J,'VV. LVjjLMj" u.Lu Aq�T"
U.S.C.CA.N. 3668,3746; S. Rep. No. 91-:L:L96, at 37 (1970).

DATER & LAND SECTION Fax:[phone] Apr 23 '02 14y63 P.07
held that environmental plaintiffs adequately allege injury in fact when they aver that
i
they use the affected area And are p'rsons `for whom the aesthetic and r reational
values of the area will be lessened' by tie-eh'allenged activ._ity." Gaston Copper If 204
F=3d at x39. Where a dr6ct �eemth a
M Z.
. AR,"^«++�.E,. kt.
_..-....._._.......... additional scientific proof of Mury 0 e..atemd,
area of environmental impairment,
,,.,..-� 1
ix%jurv''ha-s not I. een.required,.. SBA -id. at iS9-6o. r
.To. deny standing -:....here wauld �er:thwadc gxeggjwa.
recreating the old system of water quality standards whose failure ed to
the enactment of the Clean Water Act in the first place.... An im ortant }
reason for Congress's shift to, end -of -pipe standards was to elunini to the
need to address complex questions of environmental abasement a d
scientific traceability in enforcement proceedings.... Courts [should not]
become enmeshed in abstruse scientific discussions as standing gdestions :
assumep a life of their own..'
danger is illustrated by this very, case,
where the in-depth discussion of control station, macro-invertebr4te
sampling, and milligrams per kilogram has taken us far afield ft,=on the
straightforward ... issue of whether Gaston Copper has violated (I he Clean .
Water Act]. ha
Id. at 163-64 (citation omitted). see generally Ecological .Rights Found4tion v. Pacific
Lumber Co., 23o F.3d 1141, n44-52 tq,h Cir, 2000) (cogent discussion, of standing
analysis under Laidlerw),
In moving far.reconsideration here, the defendants contend they have "aew,
evidence" that they claim refutes the plaintiffs' standing. They rely on cep rsynaft. ,
t
generated by their experts, the gross conclusion of which is, in effect„ that if ly
discharges occurred after July z9g7''-Ya fact they deny — those discharge's were de
minimis and/ar caused no harm to`,any waterway, much less to any wateriyvay actually
3 R
used by any ofithe plaintiffs to such a degree or in such manner as to con j r individual or�'
organizational standing. However,'because the defendants do not even tayto s'u` ,est..,>
k k '

WATER & LRND.SECTION
�',Pr 23 02 14:53 P.08
that such information was not previ'ously available, the "new evidence" to
such as a basis for reconsideration of the court's prior ruling on standing. More
importantly, as noted above, statistical natiheha =gtgr �y
which environ
LiaeAtaj Q�l#ze;L-siut-standing-is-gaugecL The defendants ha v failed to
All
produce, any material new evidence that calls into doubt this court's conclusion M
September 1998 that these plaintiff's have demonstrated standing to proscutethir,
A-1
Clean Water Act,case. The court's conclusion is fully supported by the su� mwe Cal
LaidZaw opinion.
For the reasons set forth herein and as more fully statedin the pla�tiflsl
Memorandum filed in support of their Motion for Declaratory Judgment DE W*',-qg) and
in Opposition to the instant motion (DE * 315), the defendants' Motion for
keconsideiatio'n (DE # 284) is DENIED.
MOTION FOR SUNDLARY JLTDGDIENT
In its order of December 22,'-1998, the, undersigned allowed the pfazrs
for Judgment on their second claim,,— that the defendants have discharge pollutmts
into the waters of the United States without an NPDES permit in violati4 of Section
judgment. In so ruling, the court explicitly rejected the defendants' argu4aent that
-1-4— 1- -14 ---4.. a-- ^-A __ C T__ 4�_Q -Al -piaMLLIJ.Z t$ 5UAC'MI&A VV4a Ua­%=U VLA-.JJ0-A#-VUL2L.N. %JLUY--OL 4.0=­ AVVU,VA. 0.
Plaindffs point out: that the defendants even appealed the December 2.2, 1998
order all nwrinva'_qi immary nitimentfornlaintiffr. and artnip(i nr .9-ppezI fhat fliarp umcn
,genuine issue of material fact whether discharges were "ongoing."
7

.WATER & LAND;SECTIONFax:919-716-6?66 Apr 23 '02 14:53
Notwithstanding that ruling,, the defendants again argue they are
summary judgment pursuant to Gwaltney I and Chesapeake Bay F
Z , -
Givaltney of Smithfield, Ltd., 844 F-2d 170,171-72 (e Cir. 1988)
P. 09
d to
Inc. V.
RIO
The defendants contend that after the November 25, 1996 and July io, i9�7 discharges,
They took remedial steps and thereafter experienced no additional discbm ges prior to
the plaintiffs' filing the January iqq8 Complaint. They contend, therefor e,:that they
have made a sufficient initial showing that they are entitled to judgment a Of matt
law, see Pulliam Investment Co. v. Cameo Properties, 81.0 F.2d 1282,12 6
1987), and that the plaintiffs now must "set forth specific facts shoving that there is a
genuine issue for trial." Anderson 'v..'Liberty Lobby, Inc., 477 U.S. 242, 2�lo (1986)-
The plaintiffs' task is to dembnstrate genuine issues of material h4 as to whethier'.
Clean Water Act violations continued on or after the date the Complaint. W� as filed, or to:-,.::,
demonstrate evidence from which aireasonable trier of fact could find a cc
likelihood of recurrence in intermittent or sporadic violations. See Gwaltnev-11 &44
V1 1P"I,UtALt- "V #LUL lor,".jr. LU VC U1LV(JL11,1ff UM.LL LIM'
F.a
.-d t 171-7 .."Interm"Itt—l'
ddie when there is Ap-rxal- likelihood .ofre tion.' peti Id at 172 (emphasis added).
The defendants' posiffion is TM the plam-tiffshave not showed andcanno't' show
that as of January 1998, there existed "ongoing violations or the reasonable likelihood of ,
continuing futute violations" in either of the specific sites where the November i�r)6`
Col.
4
JUIY 1997 discharges occ=ed. The'� defendants contend that their siibseq aent rr�medW�4
001-
til-c-ab--L-U-t-�b-"'L-;ureL"Jd"Pd-tiLvlvliluvubuYLUeUMe'rinesU'l�lWaSDrougnt, perenw=,
1.1

WATER & LAND ,SECTION Fax :[phone] Apr 23 ' 02 14:54 P.10
t
Summary Judgment Memo at 8 (griI6ting Gwaltney 1, 484 U.S. at 70 (Scalia, J.
~— concurring)), and therefore, the court lacks subject matter jurisdiction", av the
plaintiffs" claims. Of course, past -complaint compliance does not meat claims for civil
penalties. See,. e.g., Atlantic State Legal Foundation, Inc. v. Pan American Tanning
Corp., 993 F.2d51-017 (2d Cir. 1993)',(defendant's ability to show, after suit is a ..buA
before judgment. is entered, that it h.as come into compliance with limits c a dir ge ?i.I:; ;
pollutants will not rezid_: .f.;*'?�*n u�t f^* niv,__-. 1 ies m althoug w,�CP c
A —
claims for injunctive relief. Where violations are ongoing at time of suit, Jefendants'
settlement with local enforcement agency covering only some of its violations and
assessing only a minimal fine is not`dispositive administrative settlement index thy..;
Clean Water Act.); Public Interest ,Research Group ofNew N'ew Jersey, Inc,
Expressway Authority, $22 F. SupF 74 (>.N.J.1992 •
--' The defendants' statement of the pertinent inquiry is myopic, Plai�tit s do mot
_ _ - _ _
suggest they have standing to sue for violations that have ceased by the tine the
Frr '
rmmplaint is filed. fee. e_a_, an Franci,;m Bo ukeemar_ Tnc. v. Moorp_ 1 RA F. iinn- ad
_-X-,r---
1116 (E.D. Calif. 2001) (before plaintiffs filed suit, defendants voluntary ckass d s7;raying'
herbicides and pesticides following receipt of plaintiffs' §136S(b)(1)(A) n6bCe., axad
applied for NPDES permit; plaintiffs lacked standing). However, the
n i�ara sn tnw rr �.n t�a�• . 3
FLtiSL�L, it tLGl 4LtiW-, ...iL4. n 'T'
26. DendaDt§ ha—ve..n c►er obtained an NFI�F'�it.f0r the...
the [subject facilities). E
.-........� .. _----
?• Plaintiffs believe and allege, based on the two discharges into tae Six
Runs Tributary documented,vy DENE., ,that def ne ant .ha --
oUutants _.
p on �q ons.tt� the-aix ns
�g '..p -.
Wr�.terS I1tSr' �tt7, e�urliig;�'a33��?"s'equeut to the dlsrh.axg ''
» aF 'Sep

■ r i ■ 1 r r r r rr •! P.
identifidd'aboveand that defendants•tit to •• • Plaintiffs bel
ieve
and allege that addition-UMEar
le to Dlaintiffs are obtaiue�� h-
and infoimatio� no
-Eow �available ir dAi,�Rs and to o in an
discovery.
their�junctiofi requiring defendants to cease the
fen ;�Vffi Conti ue to
•' and other me m*bers of ' # •
Unliketh'6 plain=--s in manyxeported Clean Water Act cases, these
not have the benefit of defendants' ri-eicords to demonstrate the nature, SAIS and
fr�pquency of di' ported Clean Water Act violations.
d6fendants,'haVe na been subject to the accountability and public- Monit0fing pravmons,
of NPDES permitees; cofnsequently,`'the plaintiffs have been precluded in large paxt firom
ascertaining and alleging specific continuing violations. However, the evveptts that have
been alleged to have occurred during the pendency of this lawsuit vividly emom-Lrkte
that: as c f Janes x998, "the risk of.defendants' continued violation had.
^-y.._,.,_,.... .,,E":,.--..._..n..n.we.•,..........r;...--�......rw.,:..._.«..,....,,. e...,,i.>e.'�ew_ax... ,...,.w...... - t.i
completely eradicated." Gwaltney 11, 844 F-2d at 172.
The suggestion that these defendants were in compliance with the Clean Water
Act in January 1998 is spe_ aQu and;already has been rei.ected. While the record
ti
demonstrates the efforts that have been made toward compliance and the iimp3rovements j
the defendants have implemented subsequent to and as a result of this lawi suit, gip:
record also documents the defendants' vehement resistance to the NPDF.� pet=&jt1g t=
process with its attendant regulatio6 and reporting requirements. (Y. Co '
Assn, Inc. u. Dresel Contracting, Inr.,138 F.3d 351(81h Cir.1998), reh'g Gam

1!: f,1-4
WATER & LANDSECTION Fax:[phone] Apr 23 '02 14:54 P.12
denied, (April 14,1998) (where no agency enforcement action underway, a polluter
should not be able to avoid otherwise appropriate civil penalties by drag g ing the citizen
suit plaintiff into costly litigation, then coming into compliance before la suit can be
resolved).
Although -the court has allowed supplemental briefing on plaintiff$'allega&=s
that the defendants have engaged in recent violations, the court has not t�kewthose
allegations into account in read:dng,its decision that the plaintiffs met the Gwaltney
requirement of showing "continuin violations" as of the date the Comp was ffled.-
Nor has the court considered., either' today or in rendering the December OQ8 order,
laintiffs'alleion�s regarding lagoon freeboard levels.
V`
For the foregoing reasons; the defendants' Motion farRummam
alleging the plaintiffs failed to prove that the defendants were in a state 0 conbiamrAg
i,iolation of the Clean Water A& at the time the Complaint was filed — agim— is DpILT
The co "­A`DOPTSth� plaintiffs' mg6qpAdgL(DE,*# 8ij 102, and 314)4tO the extent
aDpiicabl7e,- ed in opposition to 6'e' defendants' Motion for Summary Judgment (DE
281),asstatsugtlre.court's.ratiooale;fordeu-yingthatmc ion.
a uef�Uas moot: �arthermore, ILIUWIUS InUU0=5 are 1J=NLn1J Lae U Ma St47
Motion for Partial Summary Judgi'ent (DE # 265); defendants' Motion tb
Injunctive Relief (DE # 277); and the Motions to Exclude Expert Testimopy (I)F,10' 301,.,.;,
304, 3o6, and # 308).
Th 6 court does not include the discussion therein of lagoon free board It" V&S.
4

Mm
114 w
LA(TER ;� LANI'SECTIi +I Fax:[phone] Apr 23 '02 14:55
I tJ
t
t`
Within ten (lo) days of seMce of this order, counsel for the p
DIRECTED to,confer and to advise,the court in writing what additional
for adjudication in this case.
Sty ORDERED.
This' the' day of April, aoo2.
' JAM98 C. FOX
Seh& United States District Judge .
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WATER 8 LAND -SECTION Fax:[phone]
Daniel C. Oakley, Esq,
N.C. Dept. of Justice
P.O. Box 629
Raleigh, NC '27602
Apr 23 `02 14:55 P.14
7:98-cv- 00004

DATER 8 LAND SECTION Fax :[phone] Apr 23 ' 02 14.56; . P. 5
t kt
. r •
i
1�
f 9 98- 4w00004
Mary Dee Carraway, Esq. be,
N.C. Dept. of Justice
P.O. Box 629
Raleigh, NC 27602
5 �`
w

nt"
State of North Carolina
Department of Environment
and Natural Resources A 9nni
Division of Water Quality
'4�
Michael F. Easley, Governor L vvf
William G. Ross Jr., Secretary DENR
Gregory J. Thorpe, Ph.D., Acting Director NoFrrH CARoumA DEPARTMENT OF
ENVIRONMENT AND NaunAL ResouRces
1=74 "11
Mr. Terry Tate CERTIFIED MAIL
DM Farms of Rose Hill, LLC RETURN RECEIPT REQUESTED
Post Office Box 1076
Rose Hill, NC 28458
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-77
Sampson County
File No. DV 0 1 -005
Dear Mr. Tate:
This letter transmits notice of a civil penalty assessed against DM Farms in the amount of
$7,815.50 which includes $815.50 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 provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. 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 and Natural Resources (do not include waiverform).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-0 1 -01 Raleigh, NC 27699-1617
An Equal Opportunity lAffirmative Action Employer
50% recycled / 10% post -consumer paper
hnp.IA2o. enr.state.na its

Please submit payment to the attention of.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
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
U --- :-- --A - U 1. - 1---1 'issues al"A a a"FLASa"on Maj. tnCrle W-C nuo actual 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 rw-.nn1tv nccp. czment f;w-+tnrc in ry.0%
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. I
Please submit this information to the attention of.
Mr. Steve Lewis
NCDENR
D-WQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing: ,
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
4:
Wiuj "le:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
FOW
Mail or hand -deliver a Copy of the petition to;
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within jhjM 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 Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Jeffrey O. Pour)art, Supervisor
Non -Discharge ' Compliance and Enforcement Unit
0 0 Iffe): 13 1:3 z I R
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
John Hasty_, FRO w/ attachments
6'5bTW4thPiF—R0, w/ attachments
File # DV 01-005 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
PERMIT NO. N/A STIPULATION OF FACTS
Having been assessed civil penalties totaling $7,815.50
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 31, 2001 , 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 .2001.
SIGNATURE
ADDRESS

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
COUNTY OF SAMPSON NATURAL RESOURCES
File No. DV 0 1 -005
IN THE MATTER OF
DM FARMS OF ROSE HILL, L.L.C.
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE
AND ASSESSMENT OF
WATERS OF THE STATE OF
CIVIL PENALTIES
NORTH CAROLINA
WITHOUT A PERMIT
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
t. FINDINGS OF FA C 'T
A. DM Farms of Rose Hill, L.L.C. (DM Farms) is a limited liability company
organized and existing under the laws of the State of North Carolina.
B. DM Farms owns and operates a swine operation located along SR 1943 in
Sampson County consisting of the combined facilities named Magnolia 4,
Melville I & 2, Dell Farm, and Section I Site 4.
C. DM Farms was issued NPDES Permit Number NC0086614 for the facility on
March 19, 2001 with an expiration date of May 31, 2005. This permit does not
allow the discharge of waste to waters of the State. -
D. On March 23, 2001, DWQ staff"was notified by DM Farms staff that there had
been a discharge of animal waste from a broken force main cleanout pipe at the
Dell Farm to an unnamed tributary to Six Runs Creek, which are Class C Sw
waters of the State within t_h_&_ Cape Feqr River R_in_
E. DM Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $815.50.

"I
Based upon the above Findings of Fact, I make the following:
A. DM Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-21264"
B. An unnamed tributary to Six Runs Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.-
D. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215. 1.
E. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly, DM Farms is hereby assessed a civil penalty of.
for mnI-;"ev an ^ flat t tli^ iunts%rc ^f 14- 6n#­ ­40—vio- n
Lax , - — — -1-1- .0 ...- WS
z permit as required by G.S. 143 -215. 1.
$ R15.50 Vnfhrrement rnet-z
$ Z 13 Z_5 r. 5 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. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface 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 regulatory authority;
(8) The cost to the State of the enforcement procedures.
Ocr 0 1
(Date) Wy upart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

F—�M
EFIRkA
State of North Carolina
Department of Environment NOV 1 4 2001
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Terry Tate
DM Farms of Rose Hill, LLC
Post Office Box 1076
Rose Hill, NC 28458
Dear Mr. Tate:
h, 0 - !,Am
M&Lq%.
M AMPIq
rDENR
NORTH CAROUNA DePARTMemT OP
ENviRONMENT ANo NATURAL RESOURCES
November 2, 2001
CERTEFIED MAU,
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-77
Sampson County
File No. DV 01-005
This letter transmits notice of a civil penalty assessed against DM Farms in the amount of
$7,815.50 which includes $815.50 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 provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. 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:
I Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone] Location:
1617Mail Service Center Fax [phone] N. Salisbury St.
Tt a l'N'Cli699C -
MeI&[I,lort[I arona 27-1617 Staie 0urler #6 2-0 1 -^U I Kaleigh,NC 27699-1617
An Equal Opportunity lAffirmative Action Employer
50% recycled / 10% post -consumer paper
hrrp.-Ilh2o. enrstate. nc, its

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
D"
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. I (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.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150E of the North Carolina General Statutes. You must rile your original petition
with the:

-f A A-:­+� ...... T_7^­:---
WA AA%.CLL11Ar,3
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
M
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within !WM 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 Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff ioupart at [phone], ext. 527.
Sincerely,
"Oe
Jeffrey 0. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
mwztt�
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
&5:hiffil HMO
y,"�FRO w/ attachments
Bob (tent}, 1700 wl att—h—ts
File # DV 01-005 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADNHNISTRATrVE HEARING AND
PERMIT NO. NIA STIPULATION OF FACTS
1211 a 9 1 13
Having been assessed civil penalties totaling $7,815.50
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
October 31, 2001 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 . 2001.
SIGNATURE
6 �

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF -P-xTxrm nT%TkAPX" A Mn
-1 -1 ­­ I - - -
NATURAL RESOURCES
COUNTY OF SAMPSON
File No. DV 01-005
IN THE MATTER OF
DM FARMS OF ROSE HILL, L.L.C.
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE AND ASSESSMENT OF
WATERS OF THE STATE OF CIVIL PENALTIES
NORTH CAROLINA
WITHOUT A PERMIT
Acting pursuant to delegation provided 'by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
1��216111@Q N �*:Ml"
A. DM Farms of Rose Hill, L.L.C. (DM[ Farms) is a limited liability company
organized and existing under the laws of the State of North Carolina.
B. DM[ Farms owns and operates a swine operation located along SR 1943 in
Sampson County consisting of the combined facilities named Magnolia 4,
Melville I & 2, Dell Farm, and Section 1 Site 4.
C. DM Farms was issued NPDES Permit Number NCO086614 for the facility on
March 19, 2001 with an expiration date of May 31, 2005. This permit does not
allow the discharge of waste to waters of the State.
D. On March 23, 2001, DWQ staff was notified by DM Farms staff that there had
been a discharge of animal waste from a broken force main cleanout pipe at the
Dell Farm to an unnamed tributary to Six Runs Creek, which are Class C Sw
waters of the State within the Cape Fear River Basin.
E. DM Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $815.50.

19
Based upon the above Findings of Fact, I make the following:
MeMej IIJIPJ r*NW0j2XW
A. DM Farms is a "Person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to Six Runs Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.-
D. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is reqbired but fails to apply for or to secure a permit required by G.S. 143-215. 1.
E. - The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water, Quality, pursuant to delegation provided by the Secretary of the
Department. bf Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III � 111 *03
Accordingly, DM Farms is hereby assessed a civil penalty of:
$ 4 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215. 1.
$ 815.50 Enforcement costs
$ Z 21S. 50 TOTAL AMOUNT DUE
If

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 regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Wdy- d.-Po-upart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

e
7 Ie,
State of North Carolina -QN
Department of Environment ' 4 to oNOV 1 4 2001 0
'AF
and Natural Resources 444M 9
VV
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary R
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DePARTMeNT OF
ENviRoNmEwT AND NATURAL Re-scunces
Mr. Terry Tate
DM Farms of Rose Hill, LLC
Post Office Box 1076
ID L os LT:11XU^ '10ACO
IIIII, I,%%- X.0-t.;o
Dear Mr. Tate:
November 2, 2001
MZ101491OU190fill
IRRIARM90 1HRM cl Iwo ILA b
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm # 82-77
Sampson County
File No. DV 01-005
This letter transmits notice of a civil penalty assessed against DM Farms in the amount of
S7,815.50 which includes $815.50 in investigative costs. Attached is a copy or the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality. 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:
I Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver farm).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Alailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-0 1 -01 Raleigh, NC 27699-1617
An Equal Opportunity lAprmative Action Employer
50% recycled / 10% post -consumer paper
http://`h2o. enr. state. nc. us

Please submit payment to the attention of.
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W9
2. Submit a written request for remission or mitigation including a detailed
justifleation 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. I (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:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
ou
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150E of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within jhLft-Y 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 Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Al d". .,,4.XT'r
.7 A UXAV C
Ir �Vl­ III A �j
cc: 9�-_Ra�WI�4,Fayetteville Regional Supervisor w/ attachments
John Hasty, FRO w/ attachments
priN
File # DV 01-005 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
X Le K "M 0
IN THE W A TV1WD AV DTr_HT I'A AN
_ MATTPP (')P ASSESSMENT
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
PERMIT NO. N/A STIPULATION OF FACTS
=n VxTrN 7-%,% r n I _f%^C
L U-4.0 N k-14. L.01 V V I VV."
Having been assessed civil penalties totaling $7,815.50
Lor violation(c) as cot forth in the ac n­];", A-t-A
--------- 1-1 — ­ — ... the assessment document ^-.f the -Division of Water u"&4&j
October 31 2001 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 2001.
SIGNATURE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT Al NATURAL RESOURCES
COUNTY OF S.&.UP' SON
rz; 1a Mr
A Aa4 41W.
IN THE MATTER OF
DM FARMS OF ROSE HELL, L.L.C.
FINDINGS AND DECISION
FOR MAKING AN OUTLET TO THE AND ASSESSMENT OF
WATERS OF THE STATE OF CIVIL PENALTIES
NORTH CAROLINA
WITHOUT A PERMIT
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
A. DM Farms of Rose Hill, L.L.C. (DM[ Farms) is a limited liability company
organized and existing under the laws of the State of North Carolina.
B. DM Farms owns and operates a swine operation located along SR 1943 in
Sampson County consisting of the combined facilities named Magnolia 4,
Melville I & 2, Dell Farm, and Section I Site 4.
C. DM Farms was issued NPDES Permit Number NCO086614 for the facility on
March 19, 2001 with an expiration date of May 31, 2005. This permit does not
allow the discharge of waste to waters of the State. I
D. On March 23, 2001, DWQ staff was notified by DM[ Farms staff that there had
been a discharge of animal waste from a broken force main cleanout pipe at the
Dell Farm to an unnamed tributary to Six Runs Creek, which are Class C Sw
waters of the State within the Cape Fear River Basin.
E. DM[ Farms had no valid permit for the above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $815.50.

Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. DM Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to Six Runs Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. DM Farms may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not ' more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-215. 1.
E. The State's enforcement costs in this matter may be assessed against DM Farms
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly, DM Farms is hereby assessed a civil penalty of:
$ for making an outlet to the waters of the State without a
permit as required by G.S. 143 -215. 1.
$ 815.50 Enforcement costs
$ TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
(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 regulatory authority;
(8) The cost to the State of the enforcement procedures.
Ocr 01
(Date) Wdoy� epo-upart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

TIME 08-JAN-2002 15:32
TEL NUMBER 9104860767
NAME NCDENR FRO
FILE NUMBER
684
DATE
08-JAN
15:28
TO
89197166766
DOCUMENT PAGES
017
START TIME
08-JAN
15:28
END TIME
08-JAN
15:32
SENT PAGES
017
STATUS
OK
FILE NUMBER 684
SUCCESSFUL TX NOTICE
►all
FAX TRANSMISSION
DENR
FAYETTEVILLE RE(--ICNAL OFFICE
FAYETTEVILLE, NORTH CAROLINA 28301-5043
VOICE: 910-486-1541
Fax: [phone]
To* CA c, cA
FAx*-
Fr=rn.
e C AcYp4J,. n
COMMENTS:
Data:
Pagoo (Including covor): /,/

4
,�- In D-, c>4 '06�

I
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
June 21, 2000
Mr. David Hulbert
DM Farms
P. 0. Box 1076
RoseHill, NC 28458
Ai,0�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL ResouRces
Subject: NPDES Permit Number NCO086614
Mag 4 Sow, Melville I & 2, Dell and
Section I Site 4
Swine Waste Management System
Sampson County
Dear Mr. Hulbert:
In accordance with your application received nn 7, 1999, we are forwarding this MPTIPP. A-rni;t
with I - ­ -_ received -_ ­ fine ­t, this � .. --- I e......
issued to DM Farms, authorizing the operation of the subject animal waste and process wastewater
collection, treatment, storage and land application system. This permit is issued pursuant to the
requirements of North Carolina General Statute 143 -215. 1, Section 402 of the Clean Water Act, and the
Memorandum of Agreement between North Carolina and the US Environmental Protection Agency
dated May 9,1994.
This approval is for the operation of the existing animal waste management system including, but not
limited to, the management of animal waste and process wastewater from the following facilities: Mag 4
Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total animal capacity
of no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the
application to land as snecified in the Certified Animal Waste Management Plan (CAWMP).
These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin,
The permit shall be effective from the date of issuance until May 31, 2005 Pursuant to this Permit, you
are authorized and required to operate the system in conformity with the conditions and, limitations as
specified in this Permit; the facility's CAWMP; and the Clean Water Act, and its implementing
regulations, with no discharge of wastes to waters of the 'United States. An adequate system for
collecting and maintaining the required monitoring data and operational information must be established
for this facility. Any increase in waste production greater than the certified design capacity or increase
in number of stocked animals above the number authorized by this Permit will require a modification to
the CAWMP and this Permit and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please pay particular attention to the .additional monitoring requirements that are contained in
Parts 111.2,111.3. and IV.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NPDES Permit Number NC0086614
Page 2
Please be advised that any violation of the terms and conditions specified in this Permit or the CAWMP
may result in the revocation of this Pen -nit, and/or penalties in accordance with NCGS 143-215-6A
through 143-215.6C including civil penalties,'criminal penalties, and injunctive relief.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at
least 180 days prior to the expiration of the permit.
This Permit is not automatically transferable. A name/ownership change application must be submitted
to the Division prior to a name change or changb in ownership.
This letter is considered part of the attached permit and must remain attached to the permit.
If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the
right to an adjudicatory hearing upon written request within thirty (30) days following receipt of,this
pen -nit, This request must be in 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. Unless such a request is made within 30 days, this Permit shall be final and
binding.
The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality Staff may
be reached at [phone]. If you need additional information concerning this Permit, please contact
Dennis R. Ramsey at [phone] ext. 528.
Sincerely, DRA&T
Kerr T. Stevens
cc: - Murphy Family Farms
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Water Quality Section
X T
I -4on-Discharge Compliance Unit
Permit File
NDPU
EPA

NPDES Permit Number NC0086614
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT
This permit shall be effective from the date of issuance until May 31, 2005, The permittee shall
comply with the following specified conditions and limitations:
M lb
1. The animal waste collection and process wastewater, treatment, storage and application
system operated under this permit shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of pollutants to waters of the United States or
ditches. Application of waste at agronomic rates to terraces and grassed waterways is
acceptable in accordance with Natural Resources Conservation Service (NRCS)
Standards,
Facilities which are designed, constructed and operated to contain all process generated
waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the
facility and which are in compliance with their CAWMP; the Clean Water Act, and its
implementing regulations; and this permit, which unintentionally discharge an overflow
of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour
storm, will not be considered to be in violation of this permit.
2. No discharge shall result in a violation of the water quality standards established for the
receiving waters as per 15A NCAC 2B .0200. -
3. The CAWMP is hereby incorporated by reference into this permit. New or expanding
facilities -are rpniiirovl fn h- certified r%r;^r t— t6- c r%r-1r;nn of n";alo (' A AITUD ­+ V. ova— I--.5 w. u A4111r4, . 4 astir vrX T1 AILA LL&%40t,
be consistent with all applicable statutes, rules and standards in effect at the time of
siting, design and certification of the facility.
The permittee must assess, on an ongoing basis, the effectiveness of the implementation
of the CAWMP. The Permittee must amend the CAWMP to address any changes needed
to improve the management of the animal waste at the site. Any amendment to the
CAWMP must be documented, dated, and included as part of the CAWMP. The
CAWMP must be provided to the permit issuance authority or EPA, upon the request of
either.
Any violation of the CAWMP shall be considered a violation of this,permit and subject to
enforcement actions. A violation of this Permit may result in the Permittee having to take
immediate or long term corrective action(s) as required by the Division of Water Quality
(Division), or the Environmental Protection Agency (EPA). These actions may include
modifying the CAWMP; ceasing land application of waste; removing animals from the
farm; or the permit being modified, revoked and reissued, or terminated.
4. The facility may not be expanded above the capacity in this permit until a new permit
reflecting the expansion has been issued. All activities authorized herein shall be
consistent with the terms and conditions of this permit.

P
NPDES Permit Number NCO086614
5. A copy of this Permit, certification forms, lessee and landowner agreements, and the
CAWMP shall be readily available at the farm (stored at places such as the farm
residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this permit. These documents shall be kept in good condition
and records shall be maintained in an orderly fashion.
11. OPERATION AND MAINTENANCE REQUIREMENTS
I The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with ihe.CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
4. Land application rates shall be in accordance with the CAWMP and the Clean Water Act
and its implementing regulations. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given
application.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, meloins, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or'sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only will thvbe jrXerm iss, Ma na I— as +11 e sys—rn car, accom"o' the a"dortal
Ua IVIAr, " & cv; Ili UMe 11 UU1 I
disinfectants volume. Only those detergents and d tants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
,l

NPDES Permit Number NC0086614
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a CAWMP and the Clean Water Act and its implementing, regulations. When
removal of sludge from the lagoon is necessary, provisions must be taken to prevent
damage to lagoon dikes and liners.
1.2. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have at least one of the following items at all times (a) adequate animal
waste application and handling equipment, (b) a lease, or other written agreement, for the
use of the necessary equipment, (c) a contract with a third party applicator capable of
providing adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition 11 (4).
111. MONITORING AND REPORTING REQUIREMENTS
I An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly arrl nnftt--r all ctnrm events rX ori%ntor than nm- f I) int-h PAr Avnmnlp Incync%me
storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Any major structural repairs (to lagoons or waste
storage ponds) must have written documentation from a technical specialist certifying
proper design and installation. However, if a piece of equipment is being replaced with a
piece of equipment of the identical specifications, no technical specialist approval is
necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
2. In addition to the facility's existing lagoon waste -level gauges, automated lagoon waste -
level monitors and recorders (monitored and recorded at least hourly) must be installed
on all treatment and storage lagoons covered by this permit. This equipment must be
properly maintained and calibrated at all times. This automated equipment must be in
place no later than 90 days following the issuance of this permit.
3. An automated rain gauge and recorder must be kept on site to measure and record all
rainfall events. This equipment must be properly maintained and calibrated at all times.
4. A represent"ativ%e "13ta-A—A Q-1 r­+.1.+­ A —L.A.-_ _LI - - - - - - and - I _:__ -L-11 Lp
U41%4GU%4 OU&S I %ALILILY I-111al.Y31D, ImaUU14% Pit, �,VJJPLU, aULL ZlLl%,, wictit ut;
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimum of three years and shall
be made available to the Division or EPA upon request.
5. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include the following parameters:
11. -- -
Nitrogen 2-Inc
Phosphorous Copper
3

KO-11 =V., I E I
6. If, for any reason, there is a discharge from the animal waste and process wastewater
collection, treatment, storage and application systems (including the land application
sites), to waters of the United States, the permittee is required to make notification in
accordance with Condition 111. 9. The discharge notification shall include the following
information:
a. Description of the discharge: A description and cause of the discharge,
including a description of the flow path to the receiving water body. Also, an
estimation of the volume discharged.
b. Time of the discharge- The period of discharge, including exact dates and
times, and, if not corrected, the anticipated time the discharge is expected to
continue, and steps being taken to reduce, eliminate and prevent recurrence of
the discharge.
c. Cause of the discharge: If caused by a precipitation event(s), information from
the onsite rain gauge concerning the size of the precipitation event.
d. Analysis of the waste: A copy of the last waste analysis conducted as required
by Condition 111, 4. above. I
7. In the event of any overflow or other discharge from the animal waste and process
wastewater collection, treatment, storage and application systems (including the land
application sites), the following actions must be taken:
a. Analysis of the discharge: All overflows or other discharges must be sampled
and nnniv7pri Rnmnh-c mitct hp, at n m;,n;miim 6- nnn1v-7,-r4 fnr the fnilmir' cy
a
parameters: fecal coliform bacteria; five-day biochemical oxygen demand
(BOD,); total suspended solids (TSS); total phosphorus as phosphorus;
dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as
nitrogen; nitrate; pH; and temperature.
b. Sampling procedures:, Samples shall consist of grab samples collected from
the over -flow or discharge. A minimum of one sample shall be collected from
the initial discharge (within 30 minutes). The sample shall be collected and
analyzed in accordance with EPA approved methods for water analysis listed
in 40 CFR 136. Samples collected for the purpose of monitoring shall be
representative of the monitored discharge. Monitoring -results must be
submitted to Division within 30 days,
c. Reasons for not sampling: If conditions are not safe for sampling, the
permittee must provide documentation as why samples could not be collected.
For example, the permittee may be unable to collect samples during dangerous
weather conditions (such as local flooding, high winds, hurricane, tornadoes,
A____-- A:+:--- U-­ A 4­
e L-e-tr;,,n1 q+^-, -+,.I. LT--ver, onc- con .7k%j&&1A0 %. " j &A%JVV%l %, Ij %.%, %ACU1r,%.1VL4O AWRIVIAS 111M. passcu EXIC
permittee shall collect a sample from the retention structure (pond or lagoon).
S. All records required by this pen -nit and the facility's CAWMP, including but not limited
to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land
application event(s), cropping information and removal of solids to an off -site location(s)
records, shall be maintained by the Permittee in chronological and legible form for a
minimum of three years. These records shall be maintained on forms* provided or
approved by the Division and shall be readily available for inspection. The permittee
L I r. I
un or EPA upon request, copies of records required to be
sliall also fiurutissh to the Divisi .EPA
kept by this permit.
4

9. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to waters of the United States.
b. Any failure of the animal waste and process wastewater treatment and disposal
system that renders the facility incapable of adequately receiving, treating or storing
the animal waste, process wastewater and/or sludge.
c, A spill or discharge from a vehicle transporting animal waste, process wastewater or
sludge to the land application field which results in, a discharge to waters of the
United States or an event that poses a serious threat to waters of the United States.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this Permit.
f, Overapplying animal waste or process wastewater either in excess of the limits set out
in the CAWMP or where runoff enters waters of the United States.
g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to waters
of the United States or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Pertnittee. shall qlqn filF-� q written ri-nnrt to the nnnrnnrintp r);v;c;nn Ro-cy;nnn] Office
- - -'-- file
- written
* ----- r-. . — ".- -rr.-r .... 11-1*
within 5 calendar days following first knowledge of the occurrence. This report shall
outline the actions taken or proposed to be taken to correct the problem and to ensure that
the problem does not recur. The requirement to file a written report may not be waived
by'the Division Regional Office.
10. An annual certification report shall be filed with the Division by March I of each year for
the previous year's activities on forms provided by the Division certifying the facility was
in compliance with the terms of this permit and the CAWMP, If the facility was not in
compliance, the annual certification must be used to summarize all the violations during
the previous year and explain the current compliance status of the facility.
11. In the event of a discharge of 1,000 gallons or more of animal waste to the surface waters
of the State, the permittee must issue a press release to all print and electronic news
media that provide general coverage in Sampson County setting out the details of the
discharge. The press release must be issued within 48 hours after it is determined that the
discharge has reached the surface waters of the State. A copy of the press release and a
list of the news media to which it was distributed must be kept for at least one year after
the discharge "and Arnuast 1— +— —, -- - on request.
I. LA. k%j C"Jy person up
12. In the event of a discharge of 15,000 gallons or more of animal waste to the surface
waters of the state, a public notice is required in addition to the press release described
above. The public notice must be placed in a newspaper having general circulation in
Sampson County and the county immediately downstream within 10 days of the
discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface
waters, the DWQ regional office must be contacted to determine in what additional
counties, if any, a public notice must be published. A copy of all public notices and proof
W

NPDES Permit Number NCO086614
of publication must be sent to the DWQ within 30 days of the discharge. The minimum
content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
IV. GROUNDWATER REQUIREMENTS
Within 90 days of,permit issuance, five (5) monitor wells, designated as MW-I, MW-2,
MW-3, MW-4 and MW-5 shall be installed.to monitor groundwater quality in the general
locations of the spray fields and as shown on Attachment A. The wells shall be
constructed such that the water level in the well is never above or below the screened
(open) portion of the well at any time during the year,- The monitor wells shall be located
at the Review Bounda , and constructed in accordance with this permit, and approved
by the tteville Regional Office.
2. All wells that are constructed for purposes of groundwater monitoring shall be
constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for
Wells Other than Water Supply) and any other state and local laws and regulations
pertaining to well construction.
3. The Fayetteville Regional Office, telephone number [phone] shall be notified
at least forty-eight (48) hours prior to the construction of any monitoring well so
that an inspection can be made of the monitoring well location. Such notification to
the regional groundwater supervisor shall he made during the normal office hours
from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays.
4. Within thirty (10) cInyq of compit-tinn of all wp.11 onngmetinn srflvit;i-s n rx-rtiflontinn
must be received from a professional engineer or a licensed geologist certifying that the
monitoring well(s) are located and constructed in accordance with the Well Construction
Standards (I 5A NCAC 2C) and this permit. This certification should be submitted with
copies of the Well Completion Form (GW-1) for each well. Mail this certification and
the associated GW-1 forms to the Department of- Environment and Natural
Resources, Water Quality Division, Groundwater Section, Permits and Compliance
Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.
5. For the initial sampling of the wells as specified elsewhere in the permit, the permittee
shall submit a copy of the GW-I Form (Well Completion Form) with the Compliance
Monitoring Form (GW-59) for each well, Compliance Monitoring Forms that do not
include copies of the GW-1 form will be returned to the permittee without being
processed. Failure to submit these forms as required by this permit may result in the
initiation of enforcement activities pursuant to NC General Statutes 143-2 1 5.6,
6. Within five (5) days of completion of the monitor wells, all of the monitor wells shall
have their wellheads secured in order to prevent access by hand. This restriction of access
may be accomplishled buy attaching a pau'lock-, wh tich would secure a metal we'll cap to the
protective casing, or by some other means acceptable to the Groundwater Section. Each
well shall be further secured by placing a compatible water tight cap or seat onto the riser
pipe in order to prevent potential contamination from entering the wells,
7. Within, sixty (60) days of completion of the monitor wells, the permittee shall submit two
original copies of a scaled topographic map (scale no greater than 1 ":400') signed and
sealed by a professional engineer or a state licensed land surveyor that indicates all of the
following information:
a. the location and identity of each monitor well (noting longitude and latitude),,
b. the location of all components of the waste disposal system,
6

c. the location of all property boundaries,
d. the latitude and longitude of the established horizontal control monument,
e. the relative elevation of the top of the well casing (which shall be known as the
11measuring, point"), and -
f. the depth of water below the measuring point at the time the measuring point
is estu-blislLuu.
This survey shall be conducted using approved practices outlined in North Carolina
General Statutes Chapter 89C and the North Carolina Administrative Code Title 21,
Chapter 56. The surveyor shall establish a horizontal control monument on the property
of the waste disposal system and determine the latitude and longitude of this horizontal
control monument to a horizontal positional accuracy of +/. 10 feet. 'All other features
listed in a. through e. above shall be surveyed relative to this horizontal control
monument. The positional accuracy of features listed in a. through e. above shall have a
ratio of precision not to exceed an error of closure of I foot per I U,UUU feet of perimeter
of the survey. Any features located by the radial method will be located from a minimum
of two points. Horizontal control monuments shall be installed in such a manner and
made of such materials that the monument will not be destroyed due to activities that may
take place on the property. The map shall also be surveyed using the North American
Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings
or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global
Positioning System (GPS) is used to determine the latitude and longitude of the
horizontal control monument, a GPS receiver` that' has the capability to perform
differential GPS shall be used and all data collected by the UPS receiver will be
differentially corrected.
The maps and any supporting documentation shall be sent to the Department of
Environment and Natural Resources, Water Quality Division, Groundwater
Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC
27699-1636.
8. The monitor wells shall be sampled initially after construction and thereafter every
March, July, and November, for the following parameters:
Water Level
Nitrate (NO3)
Total Ammonia
Chloride
9. The 'measurement of water levels must be made prior to sampling for the remaining
parameters. The depth to water in each well shall be measured from the surveyed point
on the top of the casing.
The measuring points (top of well casing) of all monitoring wells shall be surveyed to
provide the relative elevation of the measuring point for each monitoring well.
10. The results of the sampling and analysis must be received on Form GW-59
(Groundwater Quality Monitoring: Compliance Report Form) by the Department
of Environment and Natural Resources, Water Quality Division, Groundwater
Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC
27699-1636 on or before the last working day of the month following the sampling
month.
11. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groue dwater —Ua—ssifications and Standards. The Compliance Boundary
is for the disposal system individually permitted after December 31, 1983 is established
7

NPDES Permit Number NCO086614
at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property
boundary, whichever is closest to the waste disposal area. An ex'ceedance of Groundwater
Quality Standards at or beyond the Compliance Boundary is subject to immediate
remediation action in addition to the penalty provisions applicable under General Statute
143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
12. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
V. INSPECTIONS AND ENTRY
The permittee shall allow an authorized representative of the Department or EPA, upon the
presentation of credentials and other documents as may be required by law, to;
a) Enter the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
permit;,
b) Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
c) Inspect, at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this pen -nit, and
d) Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance or as otherwise authorized by the Act, any substances or
parameters at any location.
VI. GENERAL CONDITIONS
I Tlii- ;oaiiannA th;c -.—,+ A-11 --+ +t—'D--.+#.- -f +1— ---.1-14— -r— ----
tAX10 F%b&JAI&L .341U11 XXVI. klt%, & I-111I14%JL 41I4 L%.0FUJ4a1U41LL.Y L%J1 %AJX11F11"LL%A-
with all applicable surface water and groundwater quality standards or for damages to surface
waters or ground waters resulting from the animal operation.
2. The Perinittee shall designate a certified animal waste management system operator to be in
charge (01C) of the animal waste management system. The animal waste management
system shall be operated by the OIC or a person under the OIC's supervision.
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
f� A AIR XT1. At 'eve' '-'agoorLs'-'----- --l- --
%1Wr1VYViV1F t%Laillillililuill5ilia7.111luillwilbLeI I IUL I /SLU14gZ PURUN 111USL RUL UXUrXU
the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an
additional I foot of structural freeboard.
4. The Division may require any additional monitoring (including but not limited to
groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source, quantity, quality, and effect of such waste upon the waters of the State.
Such monitoring, including its scope, frequency, duration and any sampling, testing, and
reporting systems, shall meet all applicable Environmental Management Commission
requirements..
M

NPDES Permit Number NCO086614
5. Any containment basin, such as a lagoon or storage pond, used for animal. waste management
shall continue to be subject to the conditions and requirements of this permit after closure of
the animal feeding operation or non-use or abandonment of said containment basis. Closure
of a containment basin, in accordance with the "Natural Resource Conservation Service
(NRCS) North Carolina Interim Standard for Closure of Abandoned Waste Facilities,"
January 1997 or any subsequent amended, will cause said containment basin to no longer be
subject to the requirements of this permit or the Clean Water Act. The permittee must submit
a letter to the Division to request inactivation of the NPDES permit Coverage by providing
documentation describing the procedures taken to close any containment basin. Closure shall
also include notifying the Division and submittal of the Animal Waste Storage Pond and
Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15
days of completion of closure.
6. This permit' allows for the distribution of manure up toA cubic yards per visit to individuals
for personal use.
7. The issuance this permit does not excuse the Permittee from the obligation to comply with all
applicable statute, rules, regulations, or ordin nn Q (Int-nl state, nnrf C-rh-rnh nor fini-S
M -al _e_ ­­ ­ ­. ---
issuance of this permit convey any property rights in either real or personal property.
8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed
by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this
Permit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements
which are required in the CAWMP, shall constitute grounds for revocation of this Permit.
10. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits
and may or may not be approved.
I I - This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. The Permittee shall notify the Division immediately
of any applicable information not provided in the permit application.
12. If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit. Renewal
applications must be filed at least 180 days prior to the expiration of the permit.
13. The Groundwater Compliance Boundary for the disposal system constructed after December
31, 1983, is established at either (1) 250 feet from the waste structures and from the waste
disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste
structures and the waste disposal area. If this facility was constructed prior to December 31,
1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal
area, or (2) at the property boundary, whichever is closest to the waste disposal area'. An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
,subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty
provisions applicable under the North Carolina General Statutes.
E

NPDES Permit Number NCO086614
14. The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
VII. PENALTIES
Failure to abide by the conditions and limitations contained in this permit; the facility's
CAWMP; or the Clean Water Act, and its implementing regulations, may subject the
Permittee to an enforcement action by the Division or EPA in accordance with North
Carolina General Statutes including. the modification of the animal waste management
system, civil penalties, criminal penalties and injunctive relief.
The Clean Water Act and 40 CFR Part 122.41 provide that any person. who violates a
permit condition is subject to civil penalties and administrative penalties. In, addition
criminal penalties including imprisonment are provided for falsifying data, knowingly
violating a permit condition, or for negligence,
2. The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application,
3. It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
VIII. STANDARD PERMIT CONDITIONS
A. General Conditions
Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this
permit incorporates by reference ALL conditions and requirements applicable to NPDES
Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as
well as ALL applicable regulations.
2. Duty to Comply: The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds for enforcement
action; for permit termination, revocation, and reissuance; and/or for denial of a permit
renewal application.
3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants within the time provided
in the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
4. Permit actions: This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
H

NPDES Permit Number NCO086614
S. Property rights: The issuance of this permit does not convey any property rights of any
sort, or any exclusive privileges, nor does it authorize any injury to'private property or
any invasion of personal rights, nor any infringement of Federal, State/Tribal or local
laws or regulations.
6. Duty to provide information: The permittee shall furnish to the Director, within a
reasonable time, any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this permit. The permittee shall also furnish to the Director,
upon request, copies of records required to be kept by this permit.
7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the
perm,ittee from civil or criminal penalties for noncompliance. Any false or materially
misleading representation or concealment of information required to be reported by the
provisions of the permit, the Act, or applicable regulations, which avoids or effectively
defeats the regulatory purpose of the Permit may subject the Permittee to criminal
enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities, liabilities, or penalties
established pursuant to any applicable State/Tribal law or regulation under authority
preserved by Section 510 of the Act.
9. Severability: The provisions of this, permit are severable, and if any provision of this
permit or the application of any provision of this permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
B. Proper Operation and Maintenance
I Need to halt or reduce activity not a defense: It shall not be a defense for a permittee in an
enforcement action to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any
^f ftito r ar '+ 1'ao � M-1.1—A ^f .aA---I-
-4 14410 F%'&t4A1& -V11AV11 &A"a VL
affecting human health or the environment.
3. Proper operation and maintenance: The permittee shall, at all times, properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the permittee to achieve compliance with theconditions of
this permit. Proper operation and maintenance includes the operation of backup or
auxiliary facilities or similar systems only when necessary to achieve compliance with the
conditions of the permit.
C. Monitoring and Records
1. Representative sampling: Samples and'measurements taken for the purpose of monitoring
shall be representative of the monitored activity.
2. Retention of records: The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of at

NPDES Permit Number NCO086614
least three years from the date of the sample, measurement, report, or application. This
period may be extended by request of the Director at any time.
3. Record content: Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4. Monitoring procedures:
a. Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit
or approved by the Director.
b. The permittee shall calibrate and perform maintenance procedures on all
monitoring and analytical instruments at intervals frequent enough to insure
accuracy of measurements and shall maintain appropriate records of such
activities,
c. An adequate analytical quality control program, including the analyses of
sufficient standards, spikes, and duplicate samples to insure the accuracy of all
required analytical results shall be maintained by the permittee or designated
commercial laboratory,
D. Reporting Requirements
Anticipated Noncompliance: The permittee shall give advance notice to the Division of
any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.
2. Other information: Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Division, it shall promptly submit such facts or
information to Division.
E. Signatory requirements
All applications, reports, or information submitted to the Division shall be signed and certified as
follows:
All permit applications shall be signed as follows:
a. For a corporation: By a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who
performs similar -policy or decision -making functions for the
corporation; or,
ii. The *manager of one or more manufacturing, production, or operating
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
12

NPDES Permit Number NCO086614
b. For a partnership or sole proprietorship: By a general partner for a partnership
or the proprietor, respectfully,
c. By the co-permittee.
2. All reports required by the permit and other information requested by the Division or
T"n A L _ 1_ - .._.L__:__J - - - - - - - - - -
r_rt% sliall be signed by a person described dabove Uf Dy a UUIY autlIVILLIZU
of that person. A person is a duly authorized representative only if:
a) The authorization is made in writing by a person described above;
b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or any individual or
position having overall responsibility for environmental matters for the
company. A duly authorized -representative may thus be either a named
individual or an individual occupying a named position; and,
c) The written authorization is submitted to the Division,
F. Certification
Any person signing a document under this section shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Z5-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper
Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or
equivalent regional or state rainfall probability information developed therefrom.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility)
wheiv the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will
be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
(ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. Two or more animal feeding operations under common
ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use
a common area or system for the disposal of wastes.
Ground water means any subsurface waters.
Land application means the application of wastewater and waste solids onto or incorporation into the
soil.
Process wastewater means any process -generated wastewater and any precipitation (rain or snow)
which comes into contact with any manure, litter or bedding, or any other raw material or intermediate
or final material or product used in or resulting from the production of animal or poultry or direct
products (e.g. milk, eggs).
13

NPDES Permit Number NCO086614
Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the following: spillage or overflow from animal or poultry watering systems; washing,
cleaning or flushing 9 pens, barns, manure pits, or other feedlot facilities; direct conta
ct swimming,
washing or spray cooling of animals, and dust control.
IrL. A V .3 1 I'll n
a fie t1%ct means F eueral YY ater F ollution Control Act as amended, also Im-nown as the Clean VV ater Act as
amended, found at 33 USC 1251 et seq.
Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act.
Waters of the United States means: (1) all waters that are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb
and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as
intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign commerce including any such waters: which
are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish
or shellfish are or could. be taken and sold in interstate or foreign commerce; or, which are or could be
used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters
otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this
definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in items (1) through (6) of this definition.
This Permit issued the 21 st day of June 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
Rv Anthoritv of the'RnvirnnmP.ntq1 MFknncYnmP.nt rnmmiqqirm
NPDES Permit Number NC0086614
14

TO:
FROM:
SUBJECT -
DATE:
���
Steve Lewis, Archdale
Ken Schuster, Raleigh Regiona ce
" 18 W)
Janet D. Leach
9�� - — I Jeworandum
I DFHNR RALEIGH REGIONAL OFFICE(
NOTICE TO DWQ OF PETITIbllq-- 7Tr-5M—BASE HEARING
August 10, 2000
COUNTY OF WAKE
DM FARMS OF ROSE HILL, L. L. C.
V
NCDENR
The petition for the above case was recently forwarded to this office from OAH.1
The attorney representing the state in this matter is Mary Dee Carraivay
The hearing is scheduled Cor the week of November 27, 2000.
Rr"' E C" E' V E- D
AUG .2 8 2000
FAME TT"t"VIULE
REG. OFFICE
In the event the case is not settled before the hearing date, we,will be gathering information to
prepare for the court date. This information will include, but is not limited to the CPA, permit, all
documentation leading up to the issuance of the CPA or information concerning the permit, photos,,
correspondence and a list'of witnesses.
Ifthis documentation is routed through your office to someone else, please have that person contact
me immediately so that I will know who to comi-nunicat-z with for further information concernim,
this case.
T'hard".- you for your cooperation in this Matter.
cc: Tommy Stevens
Coleen Sullins
Reply to: Janet D. Leach,- Paralegal
State ot*North Carolina
Attorney General's Office
Environmental Division
TO: (919) 716-694X
Fay:. [phone]

STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
DWQ Permit 0086614
IN THE MATTER OF DM FARMS OF ROSE HILL, LLC.
MED
PETITIONER,
0 PETITION FOR A
1000 JU4 28 A 4PONTESTED CASE
HEARING
O&ICE OF
NORTH CAROLINA DEPARTMENT OF ENVIRONMENOMItISTRATIVE
AND NATURAL RESOURCES, H ARINGS
DIVISION OF WATER QUALITY
RESPONDENT.
I hereby ask for a contested case hearing as provided by North Carolina Statute § 15OB-23 because the Respondent has: On June
21, the North Carolina Department of Environment and Natural Resources '(DEN11") issued a draft NPDES permit to DM Farms
of Rose Hill, LLC ("DM Farms"). That permit contains terms and conditions that are unattainable and unreasonable and therefore,
are not acceptable to DM Farms. The permit further imposes permit conditions that are unsupported by DENR's statutory and
regulatory authority.
(if more space is needed. attach additional pages.)
Because of these facts, the State agency or board has: (check, at lease one from each Column)
deprived me of property; -X exectled its authority or i urisdiction.
ordered me to pay a fine or civil penalty; or X acted erroneously;
X otherwise substantially prejudiced my rights-, AND failed to use proper procedure:
acted arbitrarily
-bitriiy or capriciously: or
X failed to act as required by law or rule.
Date: July 28, 2000 Your phone number:(9 19) 755-1800
Print your full address: The Sanford Holshouser Law Firm, PLLC, PO Box 2447, Raleigh. NC, 27602
(street address/p.o box) (city) (State) (zip)
Print your name: Reef Ivey, 11 and Laurie B. Gengo, Attorneys for Petitioner
Your signature: I U �,J, W JV(-JJ I KLAAAQ
You must mail or deliver'a COP of this Petition to the Sr&J ajAc"y or board named on line 3 of this form
the agency or board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
You should contact
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United
States Postal Service with sufficient postage affixed OR by delivering it to the teamed urgency or board-.
Dan McLawhorn. Office of General Counsel North Carolina Department of Environment and Natural Resources
(name of person served) (State agency or board listed on line 3)
PO Box 27687, Raleigh NC, 27611
(street addresi/p.o.box)(city)(state)(zip code)
This the A-0 day of July, 2000.
(your signature} "$
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
RAL:33260

,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
Mr. David Hulbert
DM Farms
P. 0. Box 1076
Rose Hill, NC 28458
L
OF
AS"
ASNOMM �Ik
NCINCMD
W&M-1,4101V
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
June 21, 2000
Subject: NPDES Pen -nit Number NCO086614
Mag 4 Sow, Melville I & 2, Dell and
Section I Site 4
Swine Waste Management System
Sampson County
In accordance with your application received on June 7, 1999, we are forwarding this NPDES Permit
issued to DM Farms, authorizing the operation of the subject animal waste and process wastewater
collection, treatment, storage and land application system. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-2 15. 1, Section 402 of the Clean Water Act, and the
Memorandum of Agreement between North Carolina and the US Environmental Protection Agency
dated May 9,1994.
This approval is for the operation of the existing animal waste management system including, but not
limited to, the management of animal waste and process wastewater from the following facilities: Mag 4
Sow, Melville I & 2, Dell and Section I Site 4, located in Sampson County, with a total animal capacity
F ol no greater than 4,400 sows, farrow to wean; 400 wean to feeder; and 27,280 feeder to finish and the
application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
These facilities are located in a drainage area tributary to Six Runs Creek in the Cape Fear River Basin.
The permit shall be effective from the date of issuance until May 31, 2005 Pursuant to this Permit, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in this Permit-, the facility's CAWMP; and the Clean Water Act, and its implementing
regulations, with no discharge of wastes to waters of the United States. An adequate system for
collecting and maintaining the required monitoring data and operational information must be established
for this facility. Any increase in waste production greater than the certified design capacity or increase
in number of stocked animals above the number authorized by this Permit will require a modification to
the CAWMP and this Permit and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please pay particular attention to the additional monitoring requirements that are contained -in
Parts 111.2,111.3. and IV.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 1 50% recycled/10% post -consumer paper

NPDES Permit Number NC0086614
Page 2
Please be advised that any violation of the terms and conditions specified in this Permit or the CAWMP
may result in the revocation of this Permit, and/or penalties in accordance with NCGS 143-215.6A
through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the permittee must apply for and obtain a new permit. Renewal applications must be filed at
least 180 days prior to the expiration of the permit.
This Permit is not automatically transferable. A name/ownership change application must be submitted
to the Division prior to a name change or change in ownership.
This letter is considered part of the attached permit and must remain attached to the permit.
If any parts, requirements, or limitations contained in this Permit are unacceptable to you, you have the
right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this
This rcquest must ue in 'Lnofwritten carton, conforming I nto Ch apter 150B of the North t-g
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such a request is made within 30 days, this Permit shall be final and
binding.
The subject facility is located in the Fayetteville Regional. The Regional Office Water Quality Staff may
be reached at [phone]. If you need additional information concerning this Permit, please contact
Dennis R. Ramsey at [phone] ext. 528.
Sincerely,
Kerr T. Stevens
cc: Murphy Family Farms
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office Wntor ()Unljtv Ri-rt;nn
Non -Discharge Compliance Unit
Permit File
NDPU
EPA

I
NPDES Permit Number NCO086614
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM NPDES PERMIT
This permit shall be effective from the date of issuance until May 31, 2005. The permittee shall
comply with the following specified conditions and limitations:
IXI R 0311
0000�
1. The animal waste collection and process wastewater, treatment, storage and application
system operated under this permit shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of pollutants to waters of the United States or
ditches. Application of waste at agronomic rates to terraces and grassed waterways is
acceptable in accordance with Natural Resources Conservation Service (MRCS)
Standards.
Facilities which are designed, constructed and operated to contain all process generated
waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the
facility and which are in compliance with their CAWMP; the Clean Water Act, and its
implementing regulations; and this permit, which unintentionally discharge an overflow
of process waste pollutants as a result of a storm event greater than the 25-year, 24-hour
storm, will not be considered to be in violation of this permit.
2. No discharge shall result in a violation of the water quality standards established for the
receiving waters as per 15A NCAC 2B .0200.
The CAWMP is hereby incorporated by reference into this permit. New or expanding
facilities are required to be certified prior to the stocking of animals. The CAWMP must
be consistent with all applicable statutes, rules and standards in effect at the time of
siting, design and certification of the facility.
The permittee must assess, on an rong-ohng b-a.s.1s' flwe effecntiveinle V00
of the CAWMP. The Permittee must amend the CAWMP to address any changes needed
to improve the management of the animal, waste at the site. Any amendment to the
CAWMP must be documented, dated, and included as part of the CAWMP. The
CAWMP must be provided to the permit issuance authority or EPA, upon, the request of
either.
Any violation of the CAWMP shall be considered a violation of this permit and subject to
enforcement actions. A violation of this Permit may result in the Permittee having to take
I
lmmcA:�late or long terim coirective action's) as required by the Division of Water Quality
(Division), or the Environmental Protection Agency (EPA). These actions may include
modifying the CAWMP; ceasing land application of waste; removing animals from the
farm; or the permit being modified, revoked and reissued, or terminated.
4. The facility may not be expanded above the capacity in this permit until a new permit
reflecting the expansion has been issued. All activities authorized herein shall be
consistent with the terms and conditions of this permit.

NPDES Permit Number NCO086614
5. A copy of this Permit, certification forms, lessee and land * owner agreements, and the
CAWMP shall be readily available at the farm (stored at places such as the farm
residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this permit. These documents shall be kept in good condition
and records shall be maintained in an orderly fashion.
H. OPERATION AND MAINTENANCE REQUIREMENTS
I The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMR and the Clean Water Act
and its implementing regulations. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given
application,
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the. harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as long as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's
regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
2

NPDES Permit Number NC0086614
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance.with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
It. At the time of sludge removal from a lagoon, the sludge must be managed in accordance
Water Act and its
W;tb (AWMP and the Clean ILL k11L %enting tL
—' - Fl%,ILL I regulations. ",Alhen.
removal ' val of sludge from the lagoon is necessary, provisions must be taken to prevent
damage to lagoon dikes and liners.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have at least one of the following items at all times (a) adequate animal
waste application and handling equipment, (b) a lease, or other written agreement, for the
use of the necessary equipment, (c) a contract with a third party applicator capable of
providing adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition 11 (4).
111. MONITORING AND REPORTING REQUIREMENTS
1. An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted at a frequency to insure proper operation but at least
monthly and after all storm events of greater than one (1) inch. For example, lagoons,
storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Any major structural repairs (to lagoons or waste
storage ponds) must have written documentation from a technical specialist certifying
nrnnF,r tpcian nnti Inet-11-.n- IHoever if a piece f ement sbeing
-1—,; ,arid,1
---I-, - - FA—oquip41116 piece of equipment of the identical specifications, no technical specialist approval is
necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
2. In addition to the facility's existing lagoon waste -level gauges, automated lagoon waste -
level monitors and recorders (monitored and recorded at least hourly) must be installed
on all treatment and storage lagoons covered by this permit. This equipment must be
property maintained and calibrated at all times. This automated equipment must be in
place no later. than 90 days following the issuance of this permit.
3. An automated rain gauge and recorder must be kept on site to measure and record all
rainfall events. This equipment must be properly maintained and calibrated at all times.
4. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimum of three years and shall
be made available to the Division or EPA upon request.
5. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within- 60 days (before or after) of the date of application. This
analysis shall include the following parameters:
Nitrogen Zinc
Phosphorous Copper

NPDES Permit Number NCO086614
6. If, for any reason, there is a discharge from the animal waste and process wastewater
collection, treatment, storage and application systems (including the land application
sites), to waters of the United States, the permitt6e is required to make notification in
accordance with Condition 111. 9. The discharge notification shall include the following
information:
a. Description of the discharge: A description and cause of the discharge,
including a description of the flow path to the receiving water body. Also, an
estimation of the volume discharged.
b. Time of the discharge: The period of discharge, including exact dates and
times, and, if not corrected, the anticipated time the discharge is expected to
continue, and steps being taken to reduce, eliminate and prevent recurrence of
the discharge.
c. Cause of the discharge: If caused by a precipitation event(s), information from
the onsite rain gauge concerning the size of the precipitation event.
d. Analysis of the waste: A copy of the last waste analysis conducted as required
by Condition 111. 4. above.
7. In the event of any overflow or other discharge from the animal waste and process
wastewater collection, treatment, storage and application systems (including the land
application sites), the following actions must be taken:
a. Analysis of the discharge: All overflows or other discharges must be sampled
and analyzed. Samples must be, at a minimum, be analyzed for the following
parameters: fecal coliform bacteria; five-day biochemical oxygen demand
(BOD,); total suspended solids (TSS); total phosphorus. as phosphorus;
dissolved phosphorus as phosphorus; ammonia -nitrogen as nitrogen; TKN as
nitrogen; nitrate; pH; and temperature.
b, Sampling procedures: Samples shall consist of grab samples collected from
the over -flow or discharge. A minimum of one sample shall be collected from
the initial discharge (within 30 minutes)., The sample shall be collected and
analyzed in accordance with EPA approved methods for water analysis listed
in 40 CFR 136, Samples collected for the purpose of monitoring shall be
representative of the monitored discharge. Monitoring results must be
submitted to Division withih 30 days.
c. Reasons for not sampling: If conditions are not safe for sampling, the
permittee must provide documentation as why samples could not be collected.
For example, the permittee may be unable to collect samples during dangerous
weather conditions (such as local flooding, high winds, hurricane, tornadoes,
electrical storms, etc.). However, once dangerous conditions have• passed, the
permittee shall collect a sample from the retention structure (pond or lagoon).
8. All records required by this permit and the facility's CAWMP, including but not limited
to soil and waste analysis, rain gauge readings, freeboard levels, irrigation and land
application event(s), cropping information and removal of solids to an off -site location(s)
records, shall be maintained by the Permittee in chronological and legible form for a
minimum of three years. These records shall be maintained on forms provided or
approved by the Division and shall be readily available for inspection. The permittee
shall also furnish to the Division or EPA upon request, copies of records required to be
kept by this permit.
il

NPDES Permit Number NCO086614
9. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to waters of the United States.
b. Any failure of the animal waste and process wastewater treatment and disposal
system that renders the facility incapable of adequately receiving, treating or storing
the animal waste, process wastewater and/or sludge.
c. A spill or discharge from a vehicle transporting animal waste, process wastewater or
sludge to the land application field which results in, a discharge to waters of the
United States or an event that poses a serious threat to waters of the United States.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this, Permit.
f Overapplying animal waste or process wastewater either in excess of the limits set out
in the CAWMP or where runoff enters waters of the United States.
g. Any discharge that bypasses a lagoonJstorage pond resulting in a discharge to waters
of the United States or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within 5 calendar days following first knowledge of the occurrence. This report shall
outline the actions taken or proposed to be taken to correct the problem and to ensure that
the problem does not recur. The requirement to file a written report may not be waived
by the Division Regional Office.
10. An annual certification report shall be filed with the Division by March I of each year for
the previous year's activities on forms provided by the Division certifying the facility was
in compliance with the terms of this permit and the CAWMP. If the facility was not in
compliance, the annual certification must be used to summarize all the violations during
the previous year and explain the current compliance status of the facility.
11. In the event of a discharge of 1,000 gallons or more of animal waste to the surface waters
Of' Lil RaLthe Q+
I *
e, Me perminCte; IIL,'J UL J,*Xb1;-, U4 FlVbb LUICUbC LV 411 jJ1111t and UMCLU0111%; news
media that provide general coverage in Sampson County'setting out the details of the
discharge. The press release must be issued within 48 hours after it, is determined that the
discharge has reached the surface waters of the State. A copy of the press release and a
list of the news media to which it was distributed must he kept for at least one vear after
the discharge and must be distributed to any person upon request.
12. In the event of a discharge of 15,000 gallons or more of animal waste to the surface
waters of the state, a public notice is required in addition to the press release described
above. The public notice must be placed in a newspaper having general circulation in
Sampson County and the county immediately downstream within 10 days of the
discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface
waters, the DWQ regional office must be contacted to determine in what additional
Bounties if arp, nijkl" nm,^� _­+ I— ­10-1—A. f
vu .41—, A. Y F"LILIV notace nwat ve published A copy of all public notices and prool

NPDES Permit Number NCO086614
ummanork
of publication must be sent to the DWQ within 30 days of the discharge. The minimum
content of the notice is the location of the discharge, estimated volume, water body
affected, steps taken to prevent future discharges and a phone number and contact name.
Within 90 days of permit issuance, five (5) monitor wells, designated as MW-1, MW-2,
MW-3, MW-4 and MW-5 shall be installed to monitor groundwater quality in the -general
locations of the spray fields and as shown on Attachment A. The wells shall be
constructed such that the water level in the well is never above or below the screened
(open) portion of the well at any time during the year. The monitor wells shall be located
at the Review Bounda , and constructed in accordance with this permit, and. approved
by thetteville Regional Office.
2. All wells that are constructed for purposes of groundwater monitoring shall be
constructed in accordance with 15A NCAC 2C .0108 (Standards of Construction for
Wells Other than Water Supply) and any other state and local laws and regulations
pertaining to well construction.
3. The Fayetteville Regional Office, telephone number [phone] shall be notified
at least forty-eight (48) hours prior to the construction of any monitoring well so
that an inspection can be made of the monitoring well location. Such notification to
the regional groundwater supervisor shall he made during the normal office hours
from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays.
4. Within thirty (30) days of completion of all well construction activities, a certification
must be received from a professional engineer or a licensed geologist certifying that the
monitoring well(s) are located and constructed in accordance with the Well Construction
Standards (I 5A NCAC 2C) and this permit. This certification should be submitted with
copies of the Well Completion Form (GW-1) for each well. Mail this certification and
the associated GW-1 forms .to the Department of Environment and Natural
Resources, Water Quality Division' Groundwater Section, Permits and Compliance
Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.
i Fir the ;nit;nI cnrnnI;na of %votla no onanlfla,4 — 4,11. --- - f +I ­
•I -. the initial sm.,1­5 — L­ wvwx­ III Lll%o F-.41111t, U1%,
,shall submit a copy of the GW-I Form (Well Completion Form) with the Compliance
Monitoring Form (GW-59) for each well. Compliance Monitoring Forms that do not
include copies of the GW-I form will be returned to the permittee without being
processed. Failure to submit these forms as required by this permit may result in the
initiation of enforcement activities pursuant to NC General Statutes 143-2 1 5A
6. Within five (5) days of completion of the monitor wells, all of the monitor wells shall
have their wellheads secured in order to prevent access by hand. This restriction of access
may L) be accoU1pl1is11he d by attachI u
ing a paflock, which would secure a metal well cap to the
u u protective casing, or by some other means acceptable to the Groundwater Section. Each
well shall be further secured by placing a compatible water tight cap or seal onto the riser
pipe in order to prevent potential contamination from entering the wells.
7. Within sixty (60) days of completion of the monitor wells, the permittee shall submit two
original copies of a scaled topographic map (scale no greater than 1 ":400') signed and
sealed by'a professional engineer or a state licensed land surveyor that indicates all of the
following information:
a. the location and identity of each monitor well (noting longitude and latitude),
b. the location of all components of the waste disposal system,
6

NPDES Permit Number NC0086614
c. the location of all property boundaries,
d. the latitude and longitude of the established horizontal control monument,
e. the relative elevation of the top of the well casing (which shall be known as the
"measuring point"), and
f. the, depth of water below the measuring point at the time the measuring point
is established,
This survey shall be conducted using approved practices outlined in North Carolina
General Statutes Chapter 89C and the North Carolina Administrative Code Title 21,
Chapter 56. The survevor shall establish a horizontal control monument on the property
of the waste disposal system and determine the latitude and longitude of this horizontal
control monument to a horizontal, positional accuracy of +/-10 feet. All other features
listed in a. through e. above shall be surveyed relative to this horizontal control
monument. The positional accuracy of features listed in a. through e. above shall have a
ratio of precision not to exceed an error of closure of I foot per 10,000 feet of perimeter
of the survey. Any features located by the radial method will be located from a minimum
of two points. Horizontal control monuments shall be installed in such. a manner and
made of such materials that the monument will not be destroyed due to activities that may
take place on the property. The map shall also be surveyed using the North American
Datum of 1983 coordinate system and shall indicate the datum on the map. All bearings
or azimuths shall be based on either the true or NAD 83 grid meridian. If a Global
Positioning System (GPS) is used to determine the latitude and longitude of the
horizontal control monument, a GPS receiver that' has the capability to perform
differential GPS shall be used and all data collected by the GPS receiver ,will be
differentially corrected.
The maps and any supporting documentation shall be sent to the Department of
EnvironMent anti U.a. _. Nat r I
.­Re-sol-mcess, Water Quality DivG-M ision, undlivratic-A
Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC
27699-1636.
8. The monitor wells shall be sampled initially after construction and thereafter every
March, July, and November, for the following parameters:
Water Level
Nitrate (NO3)
Total Ammonia
Chloride
9. The measurement of water levels must be made prior to sampling for the remaining
parameters. The depth to water in each well shall be measured from the surveyed point
on the top of the casing.
The measuring points (top of well casing) of all monitoring wells shall be surveyed to
provide the relative elevation of the measuring point for each monitoring well.
10. . The results of the sampling and analysis must be received on Form GW-59
(Groundwater Quality Monitoring: Compliance Report Form) by the Department
of Environment and Natural Resources, Water Quality Division, Groundwater
Section, Permits and Compliance Unit, 1636 Mail Service Center, Raleigh, NC
27699-1636 on or before the last working day of the month following the sampling
month.
11. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater '%-j assit'i cations and Standards. The Compliance Boundary
is for the disposal system individually permitted after December 31, 1983 is established
7

NPDE� Permit Number NCO086614
at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property
boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater
Quality Standards at or beyond the Compliance Boundary is subject to immediate
remediation action in addition to the penalty provisions applicable under General Statute
143-215.6A(a)(1).
In accordance with I SA NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter.of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
­­4;a#;__ uti­+.- 11 on ^on the p^IUL+
of the pcnittcc.
12. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided,
The permittee shall allow an authorized representative of the Department or EPA, upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
permit;
b) Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
c) Inspect, at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
-this permit, and
d) Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance or as otherwise authorized by the Act, any substances or
parameters at any location.
VT. GENERAL CONDITIONS
I. The issuance this pen -nit shall not relieve the Pennittee of the responsibility for compliance
with all applicable surface water and groundwater quality standards or for damages to surface
waters or ground waters resulting from the animal operation.
2. 1rL_ T*s--:--- -L-11 !I-eA an*ma' The F V1 111ILLUt; blldll UUNIguate a certi'l u i I waste management system operator to be in
charge (Ole) of the animal waste management system. The animal waste management
system shall be operated by the Ole or a person under the OIC's supervision.
3. The maximum waste level in laeocins/storaLle ponds shall not exceed that specified in the
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed
the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an
additional I foot of structural freeboard.
4. The Division may require any additional monitoring (including but not limited to
groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source, quantity, quality, and effect of such waste upon the waters of the State.
Such monitoring, including its scope, frequency, duration and any sampling, testing, and
reporting systems, shall meet all applicable Environmental Management Commission
requirements.
8

KOURM
5. Any containment basin, such as a lagoon or storage pond, used for animal waste management
shall continue to be subject to the conditions and requirements of this permit after closure of
the animal feeding operation or non-use or abandonment of said containment basis. Closure
of a containment basin, in accordance with the "Natural Resource Conservation Service
(NRCS) North Carolina Interim Standard for Closure of Abandoned Waste Facilities,"
January 1997 or any subsequent amended, will cause said containment basin to no longer be
subject to the requirements of this pen -nit or the Clean Water Act. The permittee must submit
a letter to the Division to request inactivation of the NPDES permit Coverage by providing
documentation describing the procedures taken to close any containment basin. Closure shall
also include notifying the Division and submittal of the Animal Waste Storage Pond and
Lagoon Closure Report Form to Water Quality Section, Non -Discharge Branch within 15
days of completion of closure.
6. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals
for personal use.
7. The issuance this permit does not excuse the Permittee from the obligation to comply with all
applicable statutes, rules, regulations, or ordinances (local, state, and federal), nor does
issuance of this permit convey any property rights in either real or personal property.
8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed
by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this
Permit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements
which are required in the CAWMP, shall constitute grounds for revocation of this Permit.
10. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits
and may or may not be approved.
11. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. The Permittee shall notify the Division immediately
ofanyaJFAXV­4e 1111&Lll"LIo1not Ft­jYI;ApA 11L the permit
12. If the perm'ittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit. Renewal
applications must be filed at least 180 days prior to the expiration of the permit.
13. The Groundwater Compliance Boundary for the disposal system constructed after December
31, 1983, is established at either (1) 250 feet from the waste structures and from the waste
disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste
structures and the waste disposal area. If this facility was constructed prior to December 31,
1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal
area, or (2) at the property boundary, whichever is closest to the waste disposal area. An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty
provisions applicable under the North Carolina General Statutes.
Z

NPDES Permit Number NC0086614
14. The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123;'Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
VIL PENALTIES
1. Failure to abide by the conditions and limitations contained in this perrnit-, the facility's .7 -
CAWMP; or the Clean Water Act, and its implementing regulations, may subject the
Permittee to an enforcement action by the Division or EPA in accordance with North
Carolina General Statutes including the modification of the animal waste management
system, civil penalties, criminal penalties and injunctive relief.
The Clean Water Act and 40 CFR Part 1'22,41 provide that any person who violates a
permit condition is subject to civil penalties, and administrative penalties. In addition
criminal penalties including imprisonment are provided for falsifying data, knowingly
violating a per-init condition, or fOr negligence.
2. The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
3. It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
VIII. STANDARD PERMIT CONDITIONS
A. General Conditions
Introduction: In accordance with the provisions of 40 CFR Part 122.41, et. seq., this
permit incorporates by reference ALL conditions and requirements applicable to NPDES
Permits set forth in the Clean Water Act, as amended, (hereinafter known as the "Act") as
well as ALL applicable regulations.
2. Duty to Comply: The pen-nittee must comply with all conditions of this permit. Any
P 41. - A - --A : - A- JULr-
permit noncompliance constitutes a violation of L!1V t-.tL 4"U I., 6JVUJJUZi UL enturcement
action; for permit termination, revocation, and reissuance; and/or for denial of a permit
renewal application.
3. Toxic pollutants: The permittee shall comply with effluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants within the time provided
in the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
4. Permit actions: This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
H

5. Property rights: The issuance of this permit does not convey any property rights of any
sort, or any exclusive privileges, nor does it authorize any injury to private property or
any .invasion of personal rights, nor any infringement of Federal, State/Tribal or local
laws or regulations.
6. Duty to provide information: The permittee shall furnish to the Director, within a
reasonable time, 'any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this. permit. The permittee shall also famish to the Director,
upon request, copies of records required to be kept by this permit.
7. Criminal and Civil Liability: Nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false or materially
misleading representation or concealment of information required to be reported by the
provisions of the permit, the Act, or applicable regulations, which avoids or effectively
defeats the regulatory purpose ,of the Permit may subject the Permittee to criminal
enforcement pursuant to 18 U.S.C.'Section 1001.
8. State/Tribal Laws: Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities, liabilities, or penalties
established pursuant to any applicable State/Tribal law or regulation under authority
preserved by Section 510 of the Act.
9. Severability: The provisions of this permit are severable, and if any provision of this
permit or the application of any provision of this permit to any circumstance, is held
invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
B. Proper Operation and Maintenance
I Need to halt or rwinre activity not n rIefPnQ,-- It shall not be a rlpfpnzp fhr n pprmittee in an
enforcement action to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
2. Duty to mitigate: The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment.
Proper operation and maintenance: The permittee shall, at all times, properly operate and
a11 .lAtles .-A --+--- of + A --+--I f--A --I-+-A -- --------- �N
reatment art
.41" L IIL"&I& 0 41 4 L*%,QL t U 1,UI1LJLUI kd:UILL tl-.14L�;;U aFPLUL%;;J444t"a.J
which are installed or used by the permittee to achieve compliance with the conditions of
this permit. Proper operation and maintenance includes the operation of backup or
auxiliary facilities or similar systems only when necessary to achieve compliance with the
conditions of the permit.
1. Representative sampling: Samples and'measurements taken for the purpose of monitoring
shall be representative of the monitored activity.
2. Retention of records: The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of at

NPDES Permit Number NCO086614
least three years from the date of the sample, measurement, report, or application. This
period may be extended by request of the Director at any time.
3. Record content: Records of monitoring information shall include:
a. In 'ate, exact place, and time of sampling or measurements;
The U
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4. Monitoring procedures:
a. Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit
or approved by the Director.
b. The permittee shall calibrate and perform maintenance procedures on all
ss�UP
mnnitnrina and analytical instruments at ;ntr-runle frequent enough t mc!,tra
accuracy of measurements and shall maintain appropriate records of such
activities,
c. An adequate analytical quality control program, including the analyses of
sufficient standards, spikes, and duplicate samples to insure the accuracy of all
required analytical results shall be maintained by the permittee or designated
commercial laboratory.
D. Reporting Requirements
I Anticipated Noncompliance: The permittee shall give advance notice to the Division of
any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements,
2. Other information.- Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Division, it shall promptly submit such facts or
information to Division.
E. Signatory requirements I
All applications, reports, or information submitted to the Division shall be signed and certified as
follows:
I . All permit applications shall be signed as follows:
a. For a corporation: By a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who
performs similar policy or decision -making functions for the
corporation; or,
ii. The manager of one or more manufacturing, production, or operating
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
A

NPDES Permit Number NC0086614
b. For a partnership or sole proprietorship: By a general partner for a partnership
or the proprietor, respectfully.
c. By the co-permittee.
1 All reports required by the permit and other information requested by the Division or
EPA shall be signed by a person described above or by a duty authorized representative
of that person. A person is a duly authorized representative only if:
a) The authorization is made in writing by a person described above;
b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the, position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or any individual or
position having overall responsibility for environmental matters for the
company. A duly authorized representative may thus be either a named
individual or an individual occupying a named position; and,
c) The written authorization is submitted to the Division.
L'. I -el LUICati Or I
Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
IX. DEFINITIONS
25-year, 24-hour rainfall event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper
Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or
equivalent regional or state rainfall probability information developed therefrom.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility)
whei,e ' the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will
be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
(ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. Two or more animal feeding operations under common
ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use
,a common area or system for the disposal of wastes.
Ground water means any subsurface waters.
Land application means the application of wastewater and waste solids onto or incorporation into the
soil.
Process wastewater means any process -generated wastewater and any precipitation (rain or snow)
which comes into contact with any manure, litter or bedding, or any other raw material or intermediate
or final material or product used in or resulting from the production of animal or poultry or direct
products (e.g. milk eggs)
13

Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the following: spillage or overflow from animal or poultry watering systems; washing,
cleaning or flushing pens, barns, manure pits, or other feedlot facilities; direct contact. swimming,
washing or spray cooling of animals, and dust control.
The Act means Federal Water Pollution Control Act as amended, also known as the Clean Water Act as
amended, found at 33 USC 1251 et seq.
Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act.
Waters of the United States means: (1) all waters that are currently used, were used in the past, or may
be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb
and flow of the tide; (2) all interstate waters, including interstate wetlands; (3) all other waters such as
intrastate lakes, rivers, and streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign commerce including any .such waters: which
are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish
or shellfish are or could be taken and sold in interstate or foreign commerce; or, which are or could be
used for industrial purposes by industries in interstate commerce; (4) all impoundments of waters
otherwise defined as waters of the U.S.; (5) tributaries of waters identified in (1) through (4) of this
definition; (6) the territorial sea; and (7) wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in items (1) through (6) of this definition.
This Permit issued the 21 st day of June 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
NPnIPQ v-,"v' Pa+ Vvv"" VrflflQfK1 A
aI. --- . ­­. 11-4-4 4, 4U'Vt'qJ%Y&-r
14

Facility Number fl2 77 Date of Visit: 11130t2000 Time: 1...r..=.'"'i Printed on: 1/512001
10 Not O erational Below Threshold
0 Permitted 0 Certified p Conditionally Certified 13 Registered Date Last Operated or Above Threshold: .............
Farm Name: 1Hiatg ..1l lttlii ,d . 1kE1 .,.A11xS ou�.2. it 14................... County: Samp&m ................................ FRO.........
Owner Name:........_.............,... ............. AAd.iE!axaate,tt>;Aoa��fili �_.._.... Phone No: 9L(l j59.-{t4,32 j4;54j................................
Facility Contact: .. .......... .... .. Title: , ,_ ............., ........ ,...... Phone No..... __ _....... _- -- ...... _.
MailingAddress: pDjRQjL.jjj7fi,................................................................................... RGUR.IIIK.......................................................... 25.45A..............
Onsite Representative: ......................................... Integrator: �11�Y,Frutxil .F�RTq ............................
Certified Operator. .... ,. �. „ „ ,... iJ7ttpttt„ .. .. .. .......... .. .. .. Operator Certification Number: 38625 _ .... _. __ ....
Location of Farm:
3R 1944 to Concord Church, bear left on SR 1003, go 0.7 snips and bear right onto SR 1120 to county line. Road changes to
3R 1943. Go 2.0 miles to farm eom lez on left, Dell Farm entrance on right. rV
N Swine l3 Poultry ❑ Cattle Q Horse Latitude 34 OF 52 4 10 a Longitude 78 12 C 40 Ju
11 charms & Ct-am 1mnacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: © Lagoon 0 Spray Field 0 [ether
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential, adverse impacts to the Waters of the State other than from a discharge?
MWxate Collection & Treatment
4. Is storage capacity (freeboard plus strnrn storage) less than adequate? 0 Spillway © Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure fi
Identifier:
Freeboard (inches): .... _. _.2�.... .... ..... .. i34........ .$.. _. . 44....... .......5.1...... _. . d2.......

-Facility Number: 82 — �77 Date of Inspection Printed on:
5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
Immediate public health or environmental thteat, notify DWQ)
7. Do any of the structures need maintenancelimprovement?
8. Does any part of the waste management system other than waste structures require maintenance/iniprovement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste AgIllfgation
t.QMMHVN Uff OUGN
1/512001
0 Yes
9 No
H Yes
0 No
❑ Yes
9 No
C1 Yes
0 No
B Yes
0 No
10, Are there any buffers that need maintenance/improvement? [3 Yes CM No
11, Is there evidence of over application? C3 Excessive Ponding [3 PAN E3 Hydraulic Overload 13 yes 54 No
12, Crop type ' matua (hay + gr.) Coastal Bermuda (Hay) Small Grain Overseed millet
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? [3 Yes X No
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre deternibiation?
c) This facility is pended for a wettable acre determination?
15, Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
&eggiMd ftcordl!& IMuments
17, Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ict WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21, Did the facility fail to have a actively certified operator in charge?
21 Fail to notify regional DWO of emergency situations as required by General Permit?
(ie/ discharge, freeboard problcms, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWW?
...........
0 Yes [I No
0 Yes 0 No
0 Yes 0 No
0 yes N NO
0 Yes H No
U ,yes 1-40
0 Yes X No
0 Yes S No
[]Yes N No
6) Making plans for closure for the two inactive lagoons at the DELL site; freeboard, primary--48', secondary--33". A&
I ­.- — Ij- -yn
9) TUTIQU along upper si of"I'ViagA --*— needs to Luc stabilized (especi--fl-, on t _gr. A
U0 primary oL,00'fromthejagnnnand
shows evidence of erosion, Also on Mag.4 primary there are two spots of 'seepage' on the opposite wall (side facing the secondary). A.J.
indicates that an engineer has evaluated this and believes it is likely fresh shallow ground water from the higher ground and flowing beneath
the lagoon. Area is damp, but not wet enough to cause surface flow at the time of this inspection
9 9 The lagoon for the Dell farm designed(8/22P97); unsure why a second storin Storage -r-hu-Ile -was n0t accounted r­ by this design.
vul VWLIAAA I-&
Irk does not indicate storage for the second storm event. Melville U design (8112/'96):
Notes continued on page 3. HV
Reviewer/Inspector Name
40

iReviev*r4aspector Shmature: Date- 5/001
1Facility Number.- Date of Inspection ll13Q12 Printed on: 1/512001
Odor blues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below Yes [:]No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? [:]Yes 9 No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt Yes 9 No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? n Yes C1 No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i,e, broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) [3 Yes H No
31, Do the animals feed storage bins fail to have appropriate cover? [3 Yes a No
31 Do the flush tanks lack a submerged fill pipe or a pennanent/temporary cover? N Yes 0 No
5) Some minor drainage problems in some fields but nothing was observed that will likely have a substantial negative impact on the
verall preformance of the fields' Tole in the waste system.
9) Several field records indicate acreages that are different from the W.U.Plan, but no records indicate errors that would result in over
of nitrogen as a result of the discrepancies.
Several lagoons recorded in log with freeboard above 19 inches; RRO inspector must confirm that the proper notification was given
), March, and April for various lagoons).
and 32) are no longer required by Div. of Air Quality.

VQW Microbac Laboratories, Inc.,
FAYETTEVILLE DIVISION NC #11
817 CASTLE HAYNE STREET NC #37714
Microbale FAYETTEVILLEi NC 28303 USDA #3787
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY s FOOD SAFETY o CONSUMER PRODUCTS
WATER - AIR i WASTES # FOOD & PHARMACEUTICALS - NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1.
Discharge
Point - ID
#11WE2675
2.
1st.point
in woods
ID #OOWE26
3.
2nd point
in woods
ID #00WE261
DATE REC'D: 02/05/00 SAMPLED: 02/05/00
SAMPLED BY: J. Brown
DELIVERED BY: P. Rawls
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Mag 4
DATA REVIEWED BY:
DATE REPORTED: 02/18/00
ANALYSIS
b1=0D
1
2 3
BOD (mg/L)
EPA 405.1
93.0
85.7 11.1
COLIFORM, FECAL (per 100 ml)
SM18 9222D
901
901 9
NITRATE (mg/L)
EPA 353.3
<1.0 .<1.0
<1,0
cobadws: < = Less than
> = Greater than
PAGE,l OF 1
The care and other infarmailon contained on this, and other accompanying documents, represent only the
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for MEMBER
advertising orothor purposes without written approval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research

817 Castle Haynt Stmo
FAYETTEVH.LE DPASION
Fayettcvjjjc. NC 29303 Mom [phone] Fax [phone]
PAGE t OF I
11'1 I OA
COOE: A - -WC ONLY
8 - HNO3 (phO4
-C-H2SO4(ph<4+-WC
D = NmOH
F 2W Armdaft + 441C
F
Caffmwnts or SpecsW Hazards:

'� I 0 Microbic Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE XAYNE STREET VC 437714
Microbac FAYETTEVILLE, NC 28303 USDA #3787
[phone] / [phone] (FAX)
http://www.microbac.com
CHEMISTRY - MICROBIOLOGY - FOOD SAFETY * CONSUMER PRODUCTS'
WATER * AIR # WASTES * FOOD - PHARMACEUTICALS - NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
4
CLIENT: NC DENR - DWQ
ADDRESS; Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: WN003
- I
SAMPLE ID: 1. Discharge Point - ID #00WE2675
2. 1st point in woods - ID #00WE2676
3. 2nd point in woods - ID OOOWE2677
DATE REC'D: 02/05/00 SAMPLED: 02/05/00
SAMPLED BY: J. Brown
DELIVERED BY: P. Rawls
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Mag 4
DATA REVIEWED BY
DATE REPORTED: 02/18/ 0
Ak"YSIS
M"OD
1
2 3
+*
&
BOD (mg/ L)
EPA 405,.1
93.0
85.7 11.1
COLIFORM, FECAL (per 100 ml)
SM18 9222D
901
,901 9
NITRATE (mg/L)
EPA 353.3
<1.0
<1.0 <1.0
COMAMS:
I
< = Less than
> - Greater than-
PAGE I OEiiU,",
IJ4
The data and other Information contained on this, and other aco6ii60qriylh9�docume,nts, represent only the
siimpte(s) analyzed and is rendered upon the,condition that it Is notl,to' tieiepr6duc6d wholly or in part for
advertising or other purposes without writteq'ja prgval from the laboratory.
USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
FA E M 8 E R
�1
f1i

M P M FRRM*ROSE*HILL
FEB. 9.2000 12:21PM P I
PHONE NO. : 910 289 6434
Flo 9 2000
i tr6MY11-EVILLE
REG. OFFICE
DIVI Firms of Rose HIII, LLC
P 0 BOX 1076
ROSE HILL, NC 28458
910 189-6439 ext. 4540
800-311-9458 ext. 4540
FAx [phone]
W,
TO: Mr. Paul Rawls 910-488.0707
NCDENR
Fayetteville Regional Office
Division of Water Quality
FROM: Terry Tate
FAX OPERATOR Dallace Grady,..
910-289-6439 ext 4541 or 1-800-311-9458 ext 4541
DATE 09-Feb-00—
t
TOTAL NUMBER OF PAGES INCLUDING COVER.
rel
NOTE: CALL DALLACE GRADY, 910.289-6439 EXT 4541 IF YOU HAVE A PROBLI
RECEIVING ALL THE PAGES.
COMMENTS:
: Copy to follow via Certified Mail
I

�-D M FARM*ROSE *HILL FEB. 9.2000 12:22PM P 2
PHONE NO. : 910 289 6434
A W
a I
February 9, 2000
Attn: Mr. Paul Rawls
NCDE'N;R
Faycttcvilic Regional Office
Division of Water Quality
Dear I4Jr. Rawls,
Box 309 * Magnolia, N.C. 28453
(9i 9) qio. 2." +q 19 e%4. tirilo
In order to satisfy the Section III requirement of the general permit for swine facilities, I
am notifying you of our actions to resolve the situation that occurred at facility # 82-77
on February 5, 2000.
Upon receiving a page from you at approximately 3:30 p.m. on February 5, 2000, 1
immediately proceeded to meet you at the farm. After a very brief assessment of the field
condition, I proceeded to get a tractor with a front-end loader. On my way to and from
the tractor shed I made two phone calls to mobilize a backhoe and dozer in case they
were necessary. With the tractor, Itumped one bucket load of soil into the breach in the
perimeter berm. This stopped the',flow from the field. I then placed four more bucket
loads of dirt into the area to make certain there could bo no further escape from the field.
With help that had arrived., we filled bags with soil and constructed a berm based on your
recommendation. We constructed a second earthen berm by shovel. We spread hay over
the ponded area in the sprayfield to act as Ft sM.nze. Our initial attempts to pump from
the wcl area to the field were unsuccessful. After your second site visit, I followed your
further recommendations and used, a mud pump and tanks to remove water from the wet
area. This was then land applied onto the more north and east area of the field.
We deeply regret that this incident occurred. We also have no reason to believe that the
environmental impact would have been or will be anything other than absolutely
minimal. This belief is supported by the following facts:
I. The total effluent that -left the field was less than 1,000 gallons. Based on
your estimated flow rate and the timing of our response, there was closer to
500 gallons that escaped the field. We believe that the vast majority of this
water left after the pump had been stopped and was a result of gravity flow
within the irrigation plumbing. 1
2. The effluent escaped the field into a low, wet area that held obviously stagnant
water indicating no outflow to moving surface waters.

FlROM,:0. D M FARM*ROSE*HILL
It
FEB. 9.2000 12:23P?l P
PHONE NO. : 910 289 6434 1
3. In constructing the farm, we incorporated into the design a two stage lagoon
system. 'I"he effluent lame from the second stage lagoon which had a much
lower plant available nitrogen love!, as compared to a typical analysis from a
single stage lagoon.
Our actions to prevent any furthcr,problems are as follows:
I - Pending an evaluationtfrom a technical specialist, we will not use the two
hydrants in the west side of field one.
2. In order to improve the seasonally wet conditions in the west corner of field
one, we will dismantle the existing berm. This will dramatically improve field
conditions after rain events.
3. We will re-establish the forage in the western comer of field one.
4. We will install an isolation valve at the perimeter of field one. This will
prevent gravity flow of effluent to the irrigation gun after the pump has been
shut down and irrigation has ceased.
5. We are in the process of engaging a consultant to audit our irrigation system
and practices in an attempt to identify additional areas for improvement.
6. Appropriate actions have been taken with both the employee operating the
equipment and his supervisor to provide further instruction to improve their
operation of the system.
Please. feel free to contact me with�'any additional recommendations or to arrange an
opportunity for farther inspection, of the site.
Reg,
Terry Tate
Pyramid Manager

Division of Soil and Water, Conservation - Operation Review
13 Division of Soil and Water Conservation - Compliance Inspection
13 Division or Water Quality - Compliance Inspection
E3 Other Agency - Operation,Review
10 Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review to Other
Facility Number Date of Inspection 1 34-99--1
Time of Inspection F-1-273-5-7 24 hr. (hh:mm)
[3 Permitted 0 Certified 13 Conditionally Certified 13 Registered JE3 Not Operational I Date Lost Operated: ........................
Farm Name: County- SAMP50it........................................... FRO..
OwnerName: ................................................... DMArms'.. ...... .................. _ .......... Phone No: 940;:189..21.11 ............ ...... .... __ ............... __ ...........
FacilityContact: HUMEMAN .......................... . ....................... Title; .................................. . .. . ........................ Phone No:................................................. -
MailingAddress: 4.75A.-W.Ayrrass.Rd .............. .............................................................. Magmalia..NC_ ........................ __ .................. ___ 28453..............
Onsite Representative: $cjajt.j1',rjjCA ................. ...... .................. _ ... __ .. ............ .. ...... Integrator., Hurphyfaxallyfarju .......................................
Certified Operator: himhard.S ............................ priceAr ............................... ........... Operator Certification Number:22065 .............................
LOC11tiOR of Farm:
Latitude lr--3--4--'*52 r-T F."" Longitude 7>3 UT-1, 1 40 "
Design Current
Swine Canaeltv Ponulation
®'Wean to Feeder
400
Weeder to Finish
27280
B—Farrow to Wean
4400
0 Farrow to Feeder
Lj Farrow to Finish
-
U Uilts
U Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
0 Layer 10 Dairy I I
10 Non -Layer JE1 Non -Dairy I I
10 Other
Total Design Capacity 32,080
Total SSLW 5,600,000
Number of Lagoons FE] —Subsurface Drains _Pre7s"e_j7jtj[j Lagoon Area 10 Spray Fle-17-Are7a
Holding Ponds !Solid Traps ID No Liquid Waste Management System
Dischames & Stream I inacts
1. Is any discharge observed from any part of the operation? 0 Yes 0 No
Discharge originated at: E] Lagoon 0 Spray Field 0 Other
a. If discharge is observed, was the conveyance man-made'! 0 Yes 0 No
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) 0 Yes 19 No
c, If discharge is observed, what is the estimated flow in gal/min? n/a
d. Does discharge bypass a lagoon system? (Ifyes, notify DWQ) 0 Yes CK No
2, Is there evidence of past discharge from any part of the operation? 0 Yes 0 No
3, Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes 0 No
Waste Collection & Treatment
4, Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway 0 Yes 9 No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: .............. &II.__ ......... ............ sl,&4 ............. ........... MCIA). ... ....... .... Med.#2 ........... .......... =04 .......... ........... wg#4
Freeboard(inches): ............... 25 ...... ........ ................ 35 ................ ... ........... Z4 ............... ............... 23 .......... ... ............... 22 ............... ...............
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes 0 No
seepage, etc.)
3/23/99 Continued on back
Printed on 211112000

Facility Number: 8 Date of Inspection 3-4-99--1
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? 0 Yes 0 No
(If any of questions 4-6 was answered yes, and the situation poses an
Immediate public health or environmental threat, notify DWQ)
7, Do any of the structures need maintenance/improvement? 19 Yes 0 No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? 0 Yes 0 No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? 0 Yes 0 No
Waste A uligglioli
10. Are there any buffers that need maintenance/improvement? 0 Yes ®No
11. Is there evidence of over application? 0 Excessive Ponding 0 PAN H Yes [:1 No
12. Crop type Matua Rye Coastal Bermuda (Graze) Millet
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? El Yes 0 No
14, a) Does the facility lack adequate acreage for land application? 0 Yes 0 No
b) Does the facility need a wettable acre determination? H Yes El No
c) This facility is pended for a wettable acre determination? 0 Yes [I No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
I& Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
correspondence about
Comments (refer to questionO: Explain any YES answers and/or any recommendations or any other comments,
Use drawings of facility to better explain situations. (use additional pages as necessary):
6- The abandoned lagoons at the Dell site should be addressed in either the waste management plan or an approved closure plan
according to MRCS standards. Secure plan within 30 days. Levels are as follows for the abandoned lagoons--- 42" each.(connected
jb�, . �;­\
.7 - 1141-1
- Need to mow both lagoons at the Mag #4 site to help manage vegetation, and to allow for routine visual inspections. Need to
iow immediately.
Reviewer/Inspector Nnme T..n
Ann„ ..
Reviewer/Inspector Signature: Date:
on 211112000

Facility Number: 82-77 1 Date of Inspection 1 3-4-99 1
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below 0 Yes 0 No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? n Yes n No
28.
is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
[3 Yes
[I No
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
El Yes
[I No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (ix, broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
0 Yes
0 No
31.
Do the animals feed storage bins fail to have appropriate cover?
❑ Yes
No
32.
Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes
❑ No
Additional Comments and/or Drawings:
9- Replace or modify pumping markers on sites SIS4, Melville #1, Melville #2, and Mag #4. This is needed to comply with general
permit requirements to show a stop pumping mark. Change markers before farm is permitted.
I I- Waste was ponding in a small section of a matua field on the Mag #4 site. Take necessary corrective action if irrigation system
or waste plan requires revision to prevent ponding. The waste did not appear to leave the field.
Nitrogen was over -applied on in one of the bermuda fields by 20 lbs.
15- The bermuda spray fields need to be addressed in areas where the cows have been feed. These areas do not need to be irrigated
on until their repaired.
The small field behind the secondary lagoon on the Mag #4 site needs to be planted in matua. A section of the larger field behind the
lagoons needs to be seeded in matua.
Apply lime to spray fields according to soil test results. Some field's needed over 2 tons/acre.
A millet f w1 i ffl—t not ewAdAd in —A fnr —;nforl urge not not and r� m^wArl ltkp mdlAt nrnn tune not rAmnupril Tk;e nrnn nootle to
be removed for nutrient removal within 30 days.
18- Secure farms design materials. Melville #1 and #2 had storage calculation for both lagoons.
Need to have the irrigation records to correspond with waste plan field numbers and acres. Irrigation records need to be kept by pull
ones, and not by total field size.
Need to reduce the P.A.N. rate on millet from 200 lba/acre to 150 lbs/acre according to the waste plan. Some irrigation records
where giving credit for 200 lbs/acre for millet. Need to follow the pumping windows given in the waste plan for millet. Some
pumping occurred in October on millet: Make sure the irrigation computer program credits the correct crop with nitrogen.
The Mag #4 site is in the process of being removed from the other 4 farms. It will be certified by itself, and the irrigation system
will be disconnected from the other farms to Mag #4 site.
A copy of the new air quality rules were left with the operation review form.
Printed on 2/1112000

13 Division of Soil and Water Conservation-- Operation Review I
.13'Division of Soil and Water Conservation 6i4llance Inspection,
Division of Water Quality - Compliance Inspection te
0 Other Agency - Operation Review
10 Routine 0 Complaint 0 Follow-up of DWQ Inspection 0 Follow-up of DSWC review 4D Other
Facility Number 77 �ine
I9-2-99 I ofinspeclion L ...... j 24 hr. (hh:mm)
13 Permitted M Certified 13 Conditionally Certified [3 Registered 10 Not Operational I Date Last Operated: ............. -
Farm Name: County: Sump&p,0 ........................................... FRO............
OwnerName: ............................................... -, Dxfarms ............. ......... . .................. Phone No: 9.4Q:-.7K89.-jjjj ............................................... ..........
FacilityContact: .... ............. - ...... .......... .................. - ...... ......... ......................................... Phone No: ......... .........................................
MailingAddress: 475QMAycx.oss.Rd ........................................... ................................. HawmIAPAC ... .............................. . ............. 22453.............
Onsite Representative: .............................................. ............. - ......... ................................... Integrator: Mur.phyFaxWJy.Fajr= .................... .................
Certified Operator-Sufard.S ............................. Price -Jr ............. Operator Certification Number.,225............................
Location of Farm:
Latitude 7-3-47*F-5-27 F-1-0--1 Longitude F 78 1 12 G 40
Design Current
Swine Canne ltv Pnnulation
FS-Wean to Feeder
400
Feeder to Finish
27280
Farrow to Wean
4400
Farrow to Feeder
T Lj Farrow to FmWis
10MM—s
IU 11oars
---
Design Current Design Current
Poultry Capacity P ulation Cattle Capacity Population
Layer , I f77n Q Dairy. I I I
Non -Layer I I ..J JE1 Non -Dairy I I
JE1 Other I I I
Total Design Capacity 32,080
WIMIMIST
Number of Lagoons 6 =Subsurface Drains Present ]I[:] Lagoon Area JCI Spray Field Area
Holding Ponds / Solid Traps JE] No Liquid Waste Management System
vischaravA & stream Inillacts
I . Is any discharge observed from any part of the operation?
Discharge originated at: [] Lagoon C3 Spray Field rl Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ)
c, If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (if yes, notify DWQ)
1XIMME-MIM
M Yes 0 No
2. Is there evidence of past discharge from any part of the operation? E]Yes El No
r-1 Yr "" -
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge" Li es INO
Waste Collection &'Freatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway 0 Yes 0 No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ......... ......... ......... Mcl,...#2 ......... ...... U."SArm ..... . ..... DhUite.A ....... ........ MuAA1 .... ... ........ Mu.A.#2 ........
Freeboard(inches): ..... .......... 14 ............... ................ IZ ............... '_ ........... ZO .... .......... ............. -2Q ............... ................ 14.-.- ........ ............... 21-
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, El Yes [I No
3/23/99 seepage, etc.) Continued on back
Printed on 211112000

Facility Number: 82-97 Date of Inspection F-9-24-99
6. Are there structures on -site which are not property addressed and/or managed through a waste management or
closure plan? 4
❑ Yes
❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
Immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
A .. _.1...... �.,, ..
Y! itA4C �1„tJ 111f{.i1 F1U11
waste
10. Are there any buffers that need maintenance/improvement?
0 Yes
O No
1 1. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
❑ Yes
Q No
12, Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
[:1 No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
© Yes
❑ No
16, Is there a lack of adequate waste application equipment?
❑Yes
No
Required
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
© Yes
❑ No
1 R.
Tinea thA facility fail to have All rmmnnnentc of the ("ertifierl Animal Wafite Management plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
0 Yes
❑ No
24.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21,
Did the facility fail to have a actively certified operator in charge?
❑ Yes
Q No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ic/ discharge, freeboard problems, over application)
© Yes
❑ No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
© No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
0' No violations.or deficien'cies�were.i oted:dueing this visit:: Ytid will;receiv�'nb fiir'thi : ,
corres oticience about
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
rTnnf n#in»n I..ea »ne
{aA«µ.Winno Vl fanil##' #n hn##n« nu»lµin nnnaecawal•
kµ04 Niap
Iurrmcane Floyd:
)M site 4 was pumping at time of visit. Wastewater had left the field and entered the farm path from a previous pumping event.
'he lagoon at Melvilee I appeared to be wet (saturated) in one area on the backside (possible seepage). The lagoon dike at Melvile
I appeared to also have some seepage. The fresh water pond directly in front of this lagoon failed during the storm. This area is
vhere the suspected seepage was identified. The Dell Farm was pumping at time of visit. No apparent problems were identified
rom a visual inspection. Lagoon dike at the # I lagoon at the Mag 4 farm did not appear to be compacted. The soil probe could be
nserted completely in the dike (48"). This lagoon may have some seepage problems also. Farm was not pumping, but irrigation
eel was being set-up to pump.
Reviewer/Inspector Name Jeffery Brown
Reviewer/Inspector Signature: Date:
s
on

Facility Number: 82-77 1 Date of Inspection 1 9.24-9-97
Odor 1MROS
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below C-i Yes C] No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? C3 Yes n No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
0 No
roads, building structure, and/or public property)
29,
Is the land application spray system intake not located near the liquid surface of the lagoon?
0 Yes
El No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc)
0 Yes
No
31.
Do the animals feed storage bins fail to have appropriate cover?
F-1 Yes
❑ No
32,
Do the flush tanks lack a submerged fili pipe or a permanent/temporary cover?
0 Yes
01 No
.&I
zi
Printed on 211112000

13 Division of 'Soil and Water C ortservation- 0 eration Review
[3 Division of Soil and Water Conservation = Compliance Inspection
Division of Water Quality - Compliance Inspection.
[3 Other Agency - Operatlon-4eview.
4' 1 f�
fRoutine OComplaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other
Date of I nspection
Facility Number 10�44-99
--- ----- j Time of Inspection F 97-0-0--7 24 hr. (hh:mm)
0 Permitted E Certified 13 Conditionally Certified (3 Registered 113 Not Operational Date Last Operated: ..........................
Farm Name: County: Sampsaii .......................................... FRQ ....
OwnerName . ................................................... DKEums ................................................ Phone No: 9,40:-.189.4111 ...........................................................
FacilityContact: U1Cm9A.Exams— ............. — .............. Title: Laad.Mgk ................... ............ ......... Phone No:.,...............................,.................
Mailing Address: 4.75,Q..W.Ayrjr.QS5.Rd .................... ........................... ........ MagullaNC ...... ......................................... 284.53 ........
Onsite Representative:1ewry.1ale ...............
Integrator: MorphyFunily.Fuma .......................................
Certified Operator:.T.erry ...................................... lasp . ................ I—, ...... I ............... Operator Certification Number:..........................................
Location of Farm:
A
Latitude F_3_419F_5_2—1-07 Longitude F 78 1 F 12 1 F 40
Design Current
Swine Canacitv Ponulation
Design Current Design Current
Poultry Capacity population Cattle Capacity Population
ED: Layer airy
JLJ Non -Layer ILI Non -Dairy
I[] Other
Total Design Capacity 32,08
Total SSLW 5,600,0=00_
Number of Lagoons FEJ Subsurface Drains Present F[_jLagoon Area 10 Spray Field =Area
Holding Ponds / Solid Traps Q No Liquid Waste Management System
Discharges & Stream Wit,
1. Is any discharge observed from any part of the operation? n Yes No
Dischargeoriginatedat; E]Lagoon CuSprayFicldi 000t1hur
a, If discharge is observed, was the conveyance man-made? 171 Yes No
b. If discharge is observed, did it reach Water of the State? (If yes,' notify DWQ) 171 Yes CK No
c. I"Idisonarge IS observed, whiat is the cstirnated flow In galln-mi? n/a
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) M Yes 9 No
2, Is there evidence of past discharge from any part of the operation? [I Yes 0 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? M Yes IR No
Was tc collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? El Spillway 171 Yes 19 No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
IdentiFier: .......... aQp_j.-,4 ......... ............. M ............. - ....... M010W.- ....... ....... JACLAU.2 ....... ........... Ma&,4 ...... .... .......... MAgA_..__
Freeboard(inches): ............... 211 ............... ................ 18 ....... ....... ........... zi ......... . ............... 21 ................ .._ .......... 18 ............... ......... .... 26 ............
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, El Yes CK No
seepage, etc.)
3/23/99 Continued an back
Printed on 2111/2000

IFacility Number: 82 ' —77 Date of Inspection r 1-0 - 1-4 79 97
6, Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? 9 Yes D No
(if any of questions 4-6 was answered yes, and the situation poses an
Immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenancc/improvement? 0 Yes 0 No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? Yes 0 No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? 0 Yes 0 No
Wpslg A- IllicaliQU
10. Are there any buffers that need maintenance/improvement? ❑ Yes 0 No
11. Is there evidence of over application? []Excessive Ponding C@ PAN CK Yes C] No
19 ir.rnn tvnp Cnnetnl Rnrmndn Mrnw-.) Small Grain (Wheat. Barley. mnhin/mait-urvo
­1 ­r -jr- -
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 0 No
14. a) Does the facility lack adequate acreage for land application? 0Yes Z No
b) Does the facility need a wettable acre determination? 0 Yes H No
c) This facility is pended for a wettable acre determination? C) Yes I@ No
15.
Does the receiving crop need improvement?
0 Yes
9 No
16.
Is there a lack of adequate waste application equipment?
0 Yes
9 No
Reilgired
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
[3 Yes
0 No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ic/ WUP, checklists, design, maps, etc,) ,
11 Yes
0 No
19,
Does *record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
El Yes
0 No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
El Yes
X No
21.
Did the facility fail to have a actively certified operator in charge?
0 Yes
0 No
22,
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
El Yes
0 No
23.
Did Rew;P%xisr/inem-rtnr A%;1 to t4;cotice nn-c4p r mr oonfafiv,-9
NA
24.
Does facility require a follow-up visit by same agency?
❑ Yes
No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
0 Yes
Z No
U.
NoMblations,or defidencles. Were. noted'du HJhg-th6,vB1t;Aod *111.re&Ive'no ffirther.,..
correspondence about this -visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (useaddltlonal pages as necessary): I .
I I - Field 19 was over on PAN by 49 lbs, This could be due to the fact that there are differences in waste samples from the two
agoons at the Dell Farm (old=.23 lbs/1000 gals. & new=2.0 lbs/1000 gals.) The computer program for records only picks up on the
iew lagoon's analysis when in fact the old lagoon was the one being pumped out for closure. This was adequately explained to the
nspector,
t6. Old lagoon at Dell Farm is in the process of being closed out.
some crabgrass and weeds need attention in some areas of the application fields.
Reviewer/Inspector Name John Hasty
Reviewer/Inspector Signature: Date:
0
on

Facility Number: 82-77 1 Datcot'llispectioll F-17-1479-9-1
Odor Issises
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atior below rN Yes —U No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? [I Yes 0 No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fim(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
IN �1114
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 0 Yes El No
Printed on 211112000

Facility Number Date of Inspection 110-tg-"
I Time of Inspection 1 2* 3 tv, 124 hr. (hh:mm)
13 Permitted 14 Certified 0 Conditionally Certified 0 Registered 10 Not Operational Date Last Operated: ...........
Farm Name: M(a ....... . . .... C 0 u -t -1 -t -y- ......... .....................
Owner Name. ............ ............ ................................. ...... ... Phone No ..............
Facility Contact: ....................... .................. ...... ...... Title: ...... ...............
Mailing Address: .... 10;�50...........
Onsite Representative: ............ :�1
..............................................................
CertifiedOperator: ................................... ...... ........... ................. ......................
Location of Farm:
............. Phone No:..,.,.........,....,.,...........................-
M11,; ............... .......... I ..............
Integrator: .......
Operator Certification Number: .......... ................ .......
............ -- .......... - ...... ...................... ....... ...... .............. ...................................... ---- ............. ............ - ................
.................. ............ ................ ............ ........... - .................. ................................. ..... .............. --'- ............. -1--- .............. - ................. - .......
J—
Latitude = 0 =' =. Longitude = * =1 =11
Design
Current.. g. Cu
Design Current
Swine Capacitystopula
ion,, PoultrCaP acityPopuIaiorC.,
Capacity PopnlAtion
uwcan to seeder._ut
ILayy
Uer it I Dairy
ti Feeder to Finish
Non -Layer JE] Non -Dairy
r+
Farrow to Wean
E] Farrow to Feeder
❑ Other
[3 Farrow to Finish
ota
'UD6Mgft'CaPadt''y
0 Gilts
'
0 Boars
Tota
J I SSLW
Um
�-ago�onAre
Subsurface Drains Present a
I[] Spray Field
j,:�l-loldijijikoiids'/ Widlraps
J!, a
E::� quid Waste Management System
Discharges & Stream Impac
1 1.4; -tnv discharge nhserved from -knv part of the operation?
Discharge originated at: []Lagoon 'LX44SprayField E10ther
i. If discharge is observed, was the conveyance man-made'?
h, If disc I u-51v is oh%erved. did it ryich Water of the Ri, In'? (1fve"z- notify DWO)
c. If discharge is observed. what is the estimated flow in gal/min?
d, Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
A. Is storage capacity (freeboard plus storm storage) less than adequate? 0 Spillway
M A& `1 Structure I Structure 2 Structure 3 Structure 4 Structure 5
rV Yes 1—­1 No
7% ---•
- -
Has M111,
M Yes M No
7T
All
qYes 0 No
Structure 6
Identifier:
board (inches) . ..............i1)
........ _J? .................3
.......... ........ . ......... ............... ........................ ..................................
there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, El Yes ETY/
seepage, etc.)
L Continued on

Facility- Number: Date of Inspection
.77
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenafice/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
I I . Is there evidence of over application? [3 Excessive Ponding ❑ PAN
12. Crop type
0 Yes
0 No
0 Yes
n No
0 Yes
0 No
0 Yes
0 No
0 Yes
0 No
0 Yes
0 No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? El Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? 0 Yes ❑ No
b) Does the facility need a wettable acre determination? El Yes No
c) This facility is pended for a wettable acre determination? C] Yes 0 No
15.
Does the receiving crop need improvement?
M Yes
E] No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
[:] No
Required Records & Document,;
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
n No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
0 Yes
0 No
19,
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
0 Yes
0 No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
C3 Yes
0 No
21.
Did the facility fail to have a actively certified operator in charge?
0 Yes
Ej No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ic/ discharge, frecboard problems, over application)
0 Yes
0 No
23,
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
0 Yes
El No
24.
Does facility require a follow-up visit by same agency?
C] Yes
Ej No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
0 Yes
El No
611
............... ......
cor,r�sb6iideike* abo*uf this visit . -. . -. -. -. -. .,. .. .. -. .. .. - � .. -. - � . . .. . . -. - ,% .. .. - � .. % -. -. .. -. - ''. .. . .1
t1f, III"11 It'll. -I I - Al t
-(re 6f, olques on xp am,any;,: t I�
an or,any reconnlle t �� Otpuy ot er lcommentis:o
16 �1, IT1,111
use laaailti6nal�oagdg, A§?necesisir ry , .,y
"A
14;'Ifal i V,� M" J,; 1:, 'HU'lit
4 Ik 4'eul)(1 Gtcn c4-* u-745 ca A-c toA,
<4;11
fit ev") — TO VVCt,,>-rWCrr_-e- Wqs 6ei^.)
d 1'r t! C P� ;1, 10 -A, W-t-5 poJwqO" ty 4- 3
P
P If, V
Mr Ape
. 14 e
4t, cavv.-p Cq
Revipwor/lnunprtnr Name w It# WIWI, J014111111414113
_E� 'A ­1*1;-v1­­`:,qJ
Reviewer/Inspector Signature: Date:
.7 3/23/99

Facility Number: lg27
Date (if Inspection
�v
ornme in wl gs
me
...........
reJcv— elxw_e; C,4kfwp, &,,4r-v
Ae Ae� pv/ii�)
�4) OIZM )I-CII 41P�
m
7/25/97

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DiviSION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
MEMO
May 17, 2000
DM Farms
Attn.: Terry Tate
4750 Waycross Road
Magnolia, NC 28453
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Magnolia 4 Sow Farm
Facility No. 82 - 77
Sampson County
Dear Mr. Tate:
You are hereby notified that, having been deemed permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A
NCAC 2H.0217, you have been found to be in violation of your 2H.0217 Permit.
On February 5, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted a routine fly -over of the Magnolia 4. Sow
Farm in Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater appeared to be ponding and possibly leaving one of the
spray fields. After the fly -over, a site visit was made to the facility to confirm the
findings from the flight. At the time of arrival, wastewater was indeed observed
ponded in the spray field, however was not leaving the field. It was then
recommended to Paul Hanout, farm employee, that he needed to prevent the
wastewater from leaving the field. However, Mr. Hanout failed to make any
attempt to block the wastewater, which eventually discharged from the spray field.
Item #7 of the required specifications (MRCS Standard 633) within your Certified
Animal Waste Management Plan (CAWMP) states that "Liquid waste shall be
applied at rates not to exceed the soil infiltration rate such that runoff does not
occur offsite or to surface waters and in a method which does not cause drift from
the site during application.".
225 GREEN STREET, SUITE 714 / SYSTEL 1511-0. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] S41 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Magnolia Sow Farm
May 17, 2000
It was also determined that portions of the spray field at hand did not appear to be adequate
for waste application. The areas in question failed to have an acceptable crop to uptake the nutrients
being'applied. Item 49 of the MRCS required specifications state that "Animal waste shall be
applied on actively growing crops in such a manner that the crop is not covered with Waste to a depth
that would inhibit growth.".
Iru r%: : *
c 1-1rivis. Ir U +
t ton of Water Quality -.-.qu%-.-OL'3 th"-L the Bollov.1ing items be addressed:
1. Provide a detailed explanation as to why no attempt was made by Paul Hatiout, the facility
employee, to prevent wastewater from leaving the spray field.
2. Provide a detailed explanation as to why wastewater was applied in such a manner to result in
ponding and eventually runoff.
3. Perform a more detailed and thorough inspection of the irrigation system along with spray fietd
conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff
of wastewater.
4. Please explain why a suitable crop was not established in portions of the spray field at the time
of the inspection. Also, please inform this office of the current conditions of the spray field.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty up to $25,000.00 per day per violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality is considering sending recommendations for enforcement action
to the Director of the Division of Water Quality. The recommendation concerns the improper
operation of the irrigation equipment on at least two different occasions, which" is a violation of the
r. ' '' t-ertified AnimalWasteIVIanagerfent Plan.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement, This response should be received by
this office on or before, May 26, 2000.
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration. I

, 1 1, 1 . it
Page 3
Magnolia Sow Farm
May 17, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Garth Boyd - Murphy Family Farms
,5*ercly,
Paul E. Rawls
Regional Water Quality Supervisor

CAROLIMADEPAWMENTOF
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NORTH CAROLINA DEPARTMENT OF
EVVI1?ONMENT,ANo NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
29JINK12
DM Farms
Attn.: Terry Tate
4750 Waycross Road
Magnolia, NC 28453
SUBJECT: RETRACTION AND REISSUANCE OF
NOTICE OF VIOLATION
Magnolia 4 Sow Farm
Facility No. 82 - 77
Sampson County
Dear Mr. Tate:
On'May 5, 2000 this office forwarded a Notice of Violation for conditions
noted at the subject facility on October 19, 1999. This letter is to serve both as a
retraction of the May 5, 2000 NOV and to reissue a NOV in the appropriate format
for the violations noted on October 19, 1999.
You are hereby notified that, having been deemed permitted to have a non -
discharge pen -nit for the subject animal waste disposal system pursuant to 15A
NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
On October 19, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Magnolia 4 swine facility in Sampson
County. Wastewater was observed being sprayed directly into a wooded area
which clearly is not a nortion of the waste annfication field. This was the result of
improper operation of the irrigation equipment. Wastewater was also excessively
ponded in portions of the spray field, and observed leaving the field at one location
which is a violation of the Certified Animal Waste Management Plan (CAWMP).
1*. -41 —C+I,- ­­­4 IXTDrQ Q+­4­4 o�;*115 ­­
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M.In IT i U1 tj IV I b,%JUJLtU aJJL,1, I I A%1OLIV ISO kJ If UJ✓) VVIIIIII I yV"T %,P%, if 1,41
states that "Liquid waste shall be applied at rates not to exceed the soil infiltration
rate such that runoff does not occur offsite or to surface waters and in a method
which does not cause drift from the site during application.".
225 GREEN STREET, SUITE 714 f SYSTEL ULD. FAYZTTxVILLtt. NuRTH CAROLINA 1030i-5043
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
Magnolia Sow Farm
May 12, 2000
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field occurred.
2. Perform a more detailed and thorough inspection of the irrigation system along with spray field
conditions on regular basis, before and during an irrigation event, to prevent ponding and runoff of
wastewater.
3. Please explain why wastewater continued to be sprayed once the gun cart had retracted back to
the irrigation reel.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty up to $25,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
S V
.in re
Paul E. Rawls
Regional Water Quality Supervisor
r,r.-,qnnv.q Avant - Comnlinnre Cirmin
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Garth Boyd - Murphy Fainnilly Icarmns

VFW% NORM"-HCARO IMADEPARTMENTOF
ENVIRONMENT AND NATURAL RESOURCES
225 GREEN STREET - SUME 714 Z1425 690 963
NCDENRFAYrTTEvILLE, NC 28301-5043
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ivision'of,Sofl and Water onservatton - Com lianee`!in"
r€eS �, rtaliti ... f{ § ;!
a { k da L1tYiSi4tt t}tWater (�eAtiLy i ompttance lnspectEon,
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�Atheir p�Cncyj eratton' ievtewt��„��� .�> at ,a �a v l.� "a € ' / '" .. �.'•I x. ��
10 Routine 0 Complaint 0 Follow-up of DWQ inspection Q Follow-up of DSWC review & Other - - - -�
r X ai i r���lw lxr w
Facility Number C- . ��� � Date of Inspection
Time of Inspection t} 24 hr. (hh:mm)
Permitted 0 Certified Q Conditionally Certified a Registered 113 Not Operational Date Last Operated:
Farm Name: County:...,,,.. ....................,.,....,.. ,,.,....,..,.,,...,.,,. ,..
...............,..,..L..,................,...,,.,...,....,,.,.,.,..........................,,.,....,,,....,,.,
OwnerName:.,,...,. ,:..:-.!'-....................................................................... Phone No:,..,..,.............,.,.,...,...........,........,..,.,................................
Facility Contact: ..., &ftce ..,,...... Phone No.
Mailing Address:
Onsite Representative: .............YY?r........... j,.4 '�-e................ ,......
CertifiedOperator:.....................................................................................
Location of Farm:
Latitude '� # ="
Design Cut
.:Swine 'Capacity 'Po"u
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
�] Farrow to Finish
❑ Gilts
❑ Boars
...................................................................... ..........................
......... Integrator• ,,,> 6, .).. ..... `?i;?f:Klftl„�'a,
Operator Certification Number:...�.......................................
Longitude �♦ �c L�xc
Design Current Design Current
Poultry Capacity Po elation Cattle Ca pae> `. Po ulatioiit
❑ Layer ❑ Dairy
❑ Non -Layer Non -Dairy
+
r; t�
© Other
Total Design Capactty ;
` Total MEW ,`��.J
Nurrtber of Laoons '! ❑Subsurface Drains Present ©Lagoon Area ❑ Spray Field Area :+
Holdiing;Ponds I Solid:TraFs ` ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is any discharge observed from anv nart of the operation? f' Yes ❑ ivu
Discharge originated at: MLagoonpray Field ❑ Other
a. If discharge is observed, was the conveyance man-made`? ❑ Ye4No
b, If dischargc is observed, did it reach Water of tlsc State? (If yes, notify DWO) yes u x1^
c. If discharge is observed, what is the estimated flow in f allmin?
d. Rocs discharge bypass a lagoon syste{n?'(If'ycs, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation'? ❑ Yes 0 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
Waste Collection & Treatment
4, Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure I Structure Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Freeboard(inches): .. ....................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (icl trees, severe erosion, 0 Yes Q No
seepage, etc.)
3/23/99 Continued on buck

F0a�fliiy Number: Date of Inspection,
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4.6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? Yes rl No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? 0 Yes C1 No
Waste AR12licittiOn
10. Are there any buffers that need maintenance/improvement? ❑ Yes [I No
11. Is there evidence of over application? Excessive Ponding [3 PAN Yes 0 No
12, Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable 'acre determination?
c) This -facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Retmired Records & Documents
17, Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?,
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
. i a(ios.q 00fici6ndbg *Ore 00-669 Ois'Visit; - YOO Will �Ncoiv� 06 WOW
.......... .......
c6irisb6iideike:ab6k. this 'W'Sit.", . " -... .. .. -.. , .. - . -. .. .. -. .. ., - ... .. .. .. - . %-, -, - .
Reviewer/Inspector Name
0 Yes 0 No
0 Yes 0 No
0 Yes 0 No
0 Yes 0 No
iT�Yes El Nti
■Yes jNo
Reviewer/Inspector Signature:
Date: _2

0
Facility Number: .432_- (AW Date of Inspection
Odor Issues
26.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
[3 Yes
[I NO
liquid level of lagoon or storage pond with no agitation?
2T
Are there any dead animals not disposed of properly within 24 hours?
El Yes
0 No
28.
Is there any evidence of wind drift during land application'? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
ONo
roads, building structure, and/or public property)
29.
Is the land application spray system intake not located near the liquid surface of the lagoon?
E] Yes
E] No
30.
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
0 Yes
El No
31.
Do the animals feed storage bins fail to have appropriate cover?
0 Yes
Cl No
32.
Do the flush tanks lack a submerged rill pipe or a permanent/temporary cover?
0 Yes
0 No
1MOMM? MIM"ITO-IMIRTIMMIrd I I
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DA&gii RO. Box 309 Magnolia, N.C. 28453
(919) -299:4(34:7 giv-
FARMS -
February 9, 2000
Attn: Mr. Paul Rawls
NCDENR
Fayetteville Regional Office
Division of Water Quality
Dear Mr. Rawls,
F f. B 10 2000
FAYMEVILLE
REG. OFFICE
In order to satisfv the Section III reauirement of the eencral t)en-nit for swine facilities. I
am notifying you of our actions to resolve the situation that occurred at facility # 82-77
on February 5, 2000,
Upon receiving a page from you at approximately 3:30 p.m. on February 5, 2000, 1
immediately proceeded to meet,you at the farm. After a very brief assessment of the field
condition, I proceeded:to get a,tractor with a front-end loader. On myway to and from
the tractor shed I made two phone calls to mobilize a backhoe and dozer in case they
were necessary. With the tractor, I dumped one bucket load of soil into the breach in the
perimeter berm. This stopped the flow from the field. I then placed four more bucket
loads of dirt into the area to make certain there could be no further escape from the field.
With help that had arrived, we filled bags with soil and constructed a berm based on your
recommendation. We constructed a second earthen berm by shovel. We spread hay over
the ponded area in the sprayfield to act as a sponge. Our initial attempts to pump from
the wet area to the field were unsuccessful. After your second site visit, I followed your
further recommendations and used a mud pump and tanks to remove water from the wet
area. This was then land applied onto the Pore north and east area of the field.
We deeply regret that this incident occurred. We also have no reason to believe that the
environmental impact would have been or will be anything other than absolutely
minimal. This belief is supported by the following facts:
1. The total effluent that left the field was less than 1,000 gallons. Based on
your estimated flow rate and the timing of our response, there was closer to
500 vallons that escaned the field. We believe that the vast maioritv of this
water left after the pump had been stopped and was a result of gravity flow
'within the irrigation plumbing.
_2.The effluent escaped,the field into a low, wet area that held obviously stagnant
%xintAr inAincktincy mA�.NiAflnur t ir mnina p -w ciirfapnto-rc

3. In constructing the farm, we incorporated into the design a two stage lagoon
system. The effluent came from the second stage lagoon which had a much
lower plant available nitrogen level, as compared to a typical analysis from a
single stage lagoon.
Our actions to prevent any further problems are as follows:
I . Pending an evaluation from a technical specialist, we will not use the two
hydrants in the west side of field one.
2, In order to improve the seasonally wet conditions in the west comer of field
one, we will dismantle the existing berm. This will dramatically improve field
conditions after rain events.
3. We will re-establish the forage in the western comer of field one.
4. We will install an isolation valve at the perimeter of field one. This will
prevent gravity flow of effluent to the irrigation gun after the pump has been
shut down and irrigation has ceased.
5. We are in the process of engaging a consultant to audit our irrigation system
and practices in an attempt to identify additional areas for improvement.
6. Appropriate actions have been taken with both the employee operating the
equipment and his supervisor to provide further instruction to improve their
operation of the system.
Please feel free to contact me with any additional recommendations or to arrange an
opportunity for further inspection of the site.
Terry Tate
Pyramid Manager

DANW/V _4��-E— - RO. Box 309 Magnolia, N.C. 284
FARMS(919) -2994ftf I
HOW& 0=0 I
Attn: Mr. Paul Rawls
Regional Water Quality Supervisor
NCDENR
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714 Systel Bldg.
Fayetteville, NC 28301-5043
Dear Mr. Rawls,
IN
4
'11.1.4 2 6 2000
FAYETTEVUE,
R E C:. F 10 E
,_Thir�ettej's in response to your 511 7/00 Notice of Violation issued against the Facility
( no. 82-7 n Sampson County..,I. apologize for the delinquency of my response.. As you
no,
there was some difficulty in delivering the certified letter, Our staff did not
receive it until mid -June.
With regard to your requests as outlined in the notice, I provide the following
explanation:
1) 1 am absolutely confident that your requests to Mr. Hanout were not
un U ers +00UAL't iIng worI keM closely with "MIr. l"ianIVwUL, -It h11as b Ueen my
experience that he is a conscientious person. Had your request been fully
understood, I am certain he would have taken appropriate steps to prevent
wastewater from leaving the field. Through my interactions with Mr. Hanout,
1 am also aware that it is often necessary to engage his roommate for the
purpose of translation. This has proven to be helpful to ensure that my
interactions are carried out fully.
2) As outlined in my letter to you of February 9, using your estimated flow rate
and the timing of our response, the total effluent that escaped the sprayfield
was less than 1,000 gallons. In fact, using these calculations we believe the
total volume was less than 500 gallons. From our conversations I understand
that upon your arrival to the sprayfield no effluent was leaving the field. The
volume that left did so after the pump had stopped and the gun had been fully
retrieved. Effluent continued to flow, from the gun as a result of gravity.
Since this event, our irrigation operators have been instructed to close valve
stubs and isolation valves at the end of irrieation events to circumvent this
problem.

3) Heavy Fall rainfall created a situation in the sprayfield in which the crop
cover was not as dense as we would desire. However, prior to the past
hurricane events, the crop had been established and was adequate, In order to
prevent any future problem with seasonally wet conditions damaging the crop
we have removed the two western most hydrants from the waste plan. We
established a corn crop in this area, This area will not be irrigated, as it is not
­+ ^Irthe plan. 1+ will 11
F U4 L %A L I it iiijitoweverprovide asianiL-tcarit'UulLlvr.
As to your consideration for enforcement, I would ask you to consider the following:
1) As previously documented, the effluent that escaped the field was less that
1000 gallons. During both your site visits I made every effort to meet your
requests. The effluent that escaped the field did so into a low wet area that
held stagnant water indicating no outflow to moving surface waters. This
water was contained and pumped back on the sprayfield with a mud -pump and
tanks. This effort required a significant amount of time as well as the use of
contractors, which resulted in expense. We continue to believe that the small
volume, the fact that the water came from a second stage lagoon, and our
ability to quickly recover the wastewater resulted in no negative
environmental impact,
2) We removed the area of the sprayfield from which effluent left. We are also
in the process of developing additional sprayfield area for the facility. This
land has been cleared and we are in the process of irrigation design. We have
spent significant dollars on this effort and additional spending will be
required.
3) Since the event, I employed the services of an irrigation dealer and service
technician, to pevanivante nour equipment, I personally accompanipeA b;m rhir;nrr
these inspections. This was time consuming and resulted in significant
expense.
4) We have added a staff position to our organization. This land and nutrient
III-! CP
management specialist will! oversee our -111 IgatIOLI Ullulth, I Ills added stall
position will facilitate an even higher level of supervision.
I believe that our actions to correct problems, and implement proactive measures to
improve our ability to prevent future problems demonstrate our commitment. We regret
that these incidents occurred, and have spent both time and money to rectify any
problems within the system, I would ask that you consider the points I have outlined as
you proceed in your recommendation for enforcement. If you have any questions, feel
free to contact me at your convenience. I can be reached by pager at (910)-296-5965 or
voice mail at (910)-289-6439 ext. 4423.
Sincerely,
7-,
*�7
Terry Tate
Assistant Production Director

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