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HomeMy WebLinkAbout820098_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Qua wAr \o�oF FROG DENR�-FRO Michael F. Easley Governor rWilliam G. Ross Jr., Secretary >_ MAR 10 2604 Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Coleen H. Sullins, Deputy Director DW Division of Water Quality March 1, 2004 Mr. Freddie Butler 2162 Boykin Bridge Road Clinton, NC 28328 SUBJECT: Assessment of Civil Penalties for Permit Condition Violations Farm # 82-98 Sampson County File No. PC 04-002 Dear Mr. Butler: CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against F & B Farms in the amount of $1,690.30 which includes $190.30 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper httpJ1h2o. enr.state.nc. us 4*v NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 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 form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 • ' 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 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: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty 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 (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit JOP/scl ATTACHMENTS cc: - 19, Fayetteville Regional Supervisor w/ attachments Larry Baxley, FRO w/ attachments File # PC 04-002 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 HAROLD FREDERICK AND ) STIPULATION OF FACTS FREDDIE BUTLER FILE NO. PC 04-002 Having been assessed civil penalties totaling $1,690.30 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 1, 2004 , 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. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: PC 04-002 County: Sampson Assessed Party: Harold Frederick and Freddie Butler Permit No. (if applicable): AWG100000 Amount Assessed: $1,690.30 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent ficture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. PC 04-002 IN THE MATTER OF HAROLD FREDERICK AND ) FREDDIE BUTLER ) DBA F&B FARMS ) FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF THE NON -DISCHARGE ) CIVIL PENALTIES GENERAL PERMIT AWG 100000 ) 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: I. FINDINGS OF FACT: A. Harold Frederick and Freddie Butler (dba as F & B Farms) own and operate F & B Farms, a swine operation in Sampson County. B. Harold Frederick & Freddie Butler were issued Certificate of Coverage AWS820098 under General Permit AWG100000 for F&B Farms on September 9, 1998, effective September 9, 1998, with an expiration date of April 30, 2003. C. Condition No. II. 4. of the issued permit states in part that land application rates shall be in accordance with the Certified Animal Waste Management Plan and in no case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving crop. D. A waste utilization plan (WUP) is a required component of an animal waste management plan in accordance with G.S. 143-215.1OC(e). E. Division of Soil and Water Conservation staff inspected F & B Farms on August 14, 2003. The WUP for F & B Farms allows 50 pounds of PAN per acre for the small grain overseed from September to May. A review of the waste application records revealed that PAN application rates were as follows: Field 2, pull #1 (4.60 acres) 68.2 pounds per acre Field 2, pull #2 (6.41 acres) 77.3 pounds per acre Field 2, pull #3 (6.22 acres) 69.0 pounds per acre Field 5, pull #4 (3.04 acres) 76.3 pounds per acre Field 5, pull #5 (1.30 acres) 64.2 pounds per acre E. Condition No. III. 6. f. of the issued permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplication of animal waste in excess of the limits set out in the WUP. F. The Fayetteville Regional Office did not receive reports from F & B Farms regarding the overapplication of animal waste in excess of the limits set out in the WUP. G. The costs to the State of the enforcement procedures in this matter totaled $190.30. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Harold Frederick and Freddie Butler are "persons" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Harold Frederick and Freddie Butler violated Condition No. II. 4. of General Permit AWG100000 by exceeding the land application rate for Plant Available Nitrogen for the receiving crop. D. Harold Frederick and Freddie Butler violated Condition No. 111. 6. f. of General Permit AWG100000 by failing to report the overapplication of animal waste in excess of the limits set out in the WUP. E. Harold Frederick and Freddie Butler may be assessed civil penalties 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 violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against F & B Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. 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: III. DECISION: Harold Frederick and Freddie Butler are hereby assessed a civil penalty of: $ 1 0 D -0 for of two violations of Condition No. II. 4. of General Permit AWG100000 by exceeding the land application rate for PAN for the receiving crop $ S00 for ___I of two violations of condition No. III. 6. f. of General Permit AWG100000 by failing to report the overapplication of PAN for the receiving crop $ TOTAL CIVIL PENALTY $ 190-30 Enforcement costs $ y� (�•3 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 14313-282.1(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; and (8) The cost to the State of the enforcement procedures. l Nar y (Date) effrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality WArF Michael F. Easley, Governor O�0 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 22, 2004 MEMORANDUM TO: Jeff Poupart Non -Discharge omplianee THRU: Paul Rawl Water Qua] &yRegional Supervisor Fayetteville Regional Office FROM: Larry Baxley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package F & B Farms Facility No. 82-98 Sampson County Please find enclosed a fast track enforcement package pertaining to the over application of animal waste at the subject facility. Thank you for your cooperation regarding this manner. if you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet:wwN%%cnr.state.nc.us/E-NR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 0 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. IN THE MATTER OF ) F&B FARMS ) FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF ANIMAL WASTE PERMIT ) CIVIL PENALTIES AWS820098 ) 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. 1. FINDINGS OF FACT: A. F & B Farms owns and operates F & B Farms, a swine operation in Sampson County. B. Harold Fredrick & Freddie Butler were issued Permit Number AWS820098 for F&B Farms on September 9, 1998, effective September 9, 1998, with an expiration date of November 30, 2003. C. Condition II No. 4 of the issued permit states in part that land application rates shall be in accordance with the Waste Utilization Plan (WUP) and in no case shall i land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving crop. Factor No. 2 of the Nutrient Management Plan states " Do not over apply nitrogen". D. SWCS staff from the Fayetteville Regional Office inspected F & B Farms on August 14, 2003. The WUP for F & B Farms allows 50 pounds of PAN per acre for the small grain overseed from September to May. A review of the waste application records revealed that two IRR-2 forms were being used for each spray area. The farm was using the calendar year to note applications and started over in January. They should have used the cropping season dates to restart their land application rates. This caused them to exceed the PAN per acre rate allowed in the WUP for pulls one through five by the following amounts. Pull one by 18.21 pounds, pull two by 27.29 pounds, pull three by 19 pounds, pull four by 26.3 pounds and pull five by14.17 pounds of PAN respectfully. E. Additionally this farm received an NOV for PAN over application in August of 2001. At that time the farm did not have a current sample, had applied to their Bermuda outside of the accepted application window, and included both Bermuda and fescue applications on their IRR-2 form resulting in over application. F. Condition No. Ill. 6. f. of the issued permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplication of animal waste in excess of the limits set out in the WUP. G. The Fayetteville Regional Office did not receive reports from F & B Farms regarding the overapplication of animal waste in excess of the limits set out in the WUP. H. The costs to the State of the enforcement procedures in this matter totaled $190.30, Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. F & B Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G_S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. F & B Farms' land application rates that exceeded the PAN rate for the receiving crop cited in Item D in the Findings of Fact violated Condition No. Il. 4. of Permit Number AWS820098. D. F & B Farms' failures to report the land application rates that exceeded the PAN rate for the receiving crop cited in Item D in the Findings of Fact violated Condition No. Ill. 6. f. of Permit Number AWS820098. E. F & B Farms may be assessed civil penalties 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 violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against F & B Farms pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). G. 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: Ill. DECISION: F & B Farms is hereby assessed a civil penalty of: $ for 1 -- of two violations of condition No. 11. 4. of Permit No. AWS820098 by exceeding the land application rate for the PAN for the receiving crop set out in the CAWMP $ for I of two violations of condition No. Ill. 6. f. of Permit No. AWS820098 by failing to report exceeding the land application rate for the PAN for the receiving crop $ 190 30 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I 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; and (8) The cost to the State of the enforcement procedures. (Date) Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality I/ State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil & Water Conservation September 3, 2003 Mr. Freddie Butler 2162 Boykin Bridge Road Clinton, North Carolina 28328 SUBJECT: Operation Review Notice of Referral for F & B Farms, Facility Number 82-98 Sampson County Dear Mr. Butler, ram_►-.1-�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES On August 14, 2003, an operation review was conducted of F & B Farms, facility number 82- 98, in Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2003. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted: • Over application to the 2002/2003 small grain crop as follows: Pull _ _Amount of N Applied Over Applied Amount P.A.N. Rate 1 68.21 18.21 50 2 77.29 27.29 50 3 69 19 50 4 76.3 26.3 50 5 64.17 14.17 50 The over applied amounts were greater than 10% allowed by the waste plan and require a notice of referral to the Division of Water Quality. 225 Green Street, Suite 714 1 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Mr. Freddie Butler September 3, 2003 Page 2 It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of this observed violation. A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, R, A Eg W 1jj 9 EM�WM Danny Edwards Environmental Specialist cc: Paul Rawls, Division of Water Quality Sam Warren, Sampson Soil & Water Conservation District Curtis Barwick, Coharie Farms Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer .�—.....—�. w�a.r.r.�ve. v��G •lOf��t4`i./V�4 • Division of -Soil and Water Conservation r O Natural Resources Conservation Service O Soil and Water Conservation District O Other... Facility Number $2 - 9$ Date: Ii4103 Time: 1315 Time On Farm: 60 FRO Farm dame F&B Farms County Sampson Phone: 910-592-5301 or Mailing Address 2162 Boykin Bridge Road Clinton NC 28238 Onsite Representative Curtis Barwick Integrator Coharie Farms Type Of Visit Operation Review Compliance Inspection (pilot only) Technical Assistance Confirmation for Removal ❑ No Animals -Date Last Operated: ❑ Operating below threshold ® Swine ❑ Poultry ❑ Cattle ❑ Horse Purpose Of Visit O Response to DWQIDENR referral O Response to DSWCISWCD referral O Response to complaintllocal referral O Requested by producer/integrator O Follow-up O Emergency . O Other... Design Current Design Current Capacity Population Capacity Population ❑ Layer ❑ Non -Layer ❑ Wean to Feeder ® Feeder to Finish ❑ Farrow #o Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars 3720 3782 ❑ Dairy ❑ Non -Dairy ❑ Other GENERALQUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no andlor public health? 6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structurel Structure 2 Structure 3 Structure 4 Structure 5 Identifier Level (Inches) 32 CROP TYPES astaI Bermuda -hay mall grain overseed E_ SPRAYFIELD SOIL TYPES NoA 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/ 10/03 Facility Number 82 - 98 Date: 8114/03 PARAMETER O No assistance provided/requested ❑ 8. Waste spill leaving site TECHNICAL ASSISTANCE Needed Provided ❑ 9. Waste spill contained on site --�- ❑ 10. Level in structural freeboard 25. Waste Plan Revision or Amendment ❑ ❑ ❑ 11 _ Level in storm storage 26. Waste Plan Conditional Amendment ❑ ❑ 27. Review or Evaluate Waste Plan wlproducer ❑ ❑ [112. Waste structure integrity compromised 28. Forms Need in El El ❑ 13. Waste structure needs maintenance (list comment section) 29. Missing Components (list in comments) ❑ ❑ ® 14. Over application >= 10% & 10 lbs. 30.21-1.0200 ❑ ❑ ❑ 15. Over application < 10% or < 10 lbs. re -certification ❑ 16. Hydraulic overloading 31. Five & Thirty day Plans of Action (PoA) ❑ ❑ ❑ 17. Deficient irrigation records 32. Irrigation record keeping assistance N 18. Late/missing waste analysis N 19. Late/missing lagoon level records 33, 0 rganizelcomp uterizat ion of records ❑ ❑ 34. Sludge Evaluation ❑ ❑ ❑ 20. Latelmissing soils analysis ❑ 21. Crop needs improvement 35. Sludge or Closure Plan ❑ ❑ ❑ 22. Crop inconsistent with waste plan 36. Sludge removallclosure procedures ❑ ❑ 37. Waste Structure Evaluation ❑ ❑ ❑ 23. Irrigation maintenance deficiency ❑ 24. Deficient sprayfield conditions 38. Structure Needs Improvement ❑ ❑ 39. Operation & Maintenance Improvements ❑ ❑ 40. Marker check/calibration ❑ ❑ Regulatory Referrals 41. Site evaluation ❑ ❑ N Referred to DWQ Date: 9/3/2003 42. Irrigation Calibration ❑ ❑ ❑ Referred to NCDA Date: designlinstallation El El ❑ Other... 43. Irrigation system 44. Secure irrigation information (maps, etc.) ❑ ❑ LIST IMPROVEMENTS 45. Operating improvements (pull signs, etc.) ❑ ❑ MADE BY OPERATION ❑ ❑ 46. Wettable Acre Determination 1. Using new IRR 1 forms and keeping rainfall 47. Evaluate WAD certificationlrechecks ❑ ❑ 48. Crop evaluationlrecommendations ❑ ❑ amounts. 2. 49. Drainage worklevaluation ❑ ❑ 50. Land shaping, subsoiling, aeration, etc. 51. Runoff control, stormwater diversion, etc. ❑ ❑ ❑ ❑ 3 52. Buffer improvements ❑ ❑ 53. Field measurements(GPS, surveying, etc.) ❑ ❑ 4. 54. Mortality BMPs ❑ ❑ 55. Waste operator education (NPDES) 5. 56. Operation & maintenance education ❑ ❑ 57. Record keeping education ❑ ❑ 6 58. Croplforage management education ❑ ❑ 59. Soil and/or waste sampling education ❑ ❑ 03/10/03 Facility Number 82 - 98 Date: r 8/14/03 COMMENTS: Waste samples: 2/24/03 — 2.4 5116103 — 2.2 i 114. Over applied N on 2002/2003 oats as follows: Pull Amount of N applied 1 68.21 2 77.29. 3 69 4 76.3 5 64.17 Notice of referral to DWQ Over Applied Amount P.A.N. Rate 18.21 50 27.29 50 19 50 26.3 50 14.17 50 18. Keep copy of waste analysis with farm records. Did not have waste sample on site for.November 2002 pumping. 19. Keep all lagoon level records with paperwork. Frbeboard records on farm go back to 417103. 32. Be sure and use 50 pounds on nitrogen as P.A.N. rate for small grain over seed on IRR 2 forms. Recommend keeping )nly one IRR 2 form per crop season per pull. Reason over application occurred is because there were two IRR 2 forms for ;ach pull for the oat crop. IRR 2 forms (and P.A.N. balances) should be kept based on crop year, not calendar year_ i5. Be sure and keep crop yield records on bermuda and small grain hay starting with 2003 bermuda. Use new IRR 2 form or irrigation record keeping. 7eminder: Take new waste sample soon for August pumping. Waste samples are good 60 days before and 60 days after late of sample. Follow lime recommendations on soil sample. Jewly sprigged bermuda field is coming along good. Hay is being cut now. Monitor weed pressure in this field and control is needed_ i i i j Y: TECHNICAL SPECIALIST jDanny Edwards SIGNATURE Date Entered: /2/03 Entered By: [Danny Edwards 3 03/ 10/03 WASTE UTILIZATION PLAN Coharie Hog Farm Tuesday, July 31, 2001 Producer: F s B Farms Farm Name: F & 9 Farms 2162 Boykin Bridge Rd, Clinton.NC 28328 Telephone # : (910) 592-5301 Type of Operation : Feederto Finish swine Number of Animals: 3720 hogs design capacity Application Method: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates,, leaching potentials, cation exchange capacities, and avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 of 9 AMOUNT OF WASTE PRODUCED fiER YEAR (gallons, ft3, tons, etc.) 3720 hogs X 1.9 tons waste/hogs/year = 7068 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3720 hogs X 2.3 Ihs PAN/hogslyear = 8556 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE 1 : ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CL.ASS- CROP YIELD LSS AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE N/ACRE NIACRE USED TIME 7450 2 NORFOLK 0-2% BH 6.5 325 01 iT23 5599.75 MAR-OCT 7450 2 NORFOLK 0-2% SG 1 501 0 17.231 861.5 SEP-MAY 7450 5 NORFOLK 0-2% BH 6.5 325 0 4.34 1410.5 MAR-OCT 7450 5 NORFOLK 0-2% SG 1 50 0 4.34 217 SEP-MAY 7250 7 NORFOLK 0-2% 8H 6.5 3251 0 2.77 900.25 MAR-OCT 7250 7 NORFOLK.'-2% SG 11 501 0 2.77 138.5 SEP-MAY TOTALS: 9127.5 -- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. " Indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the.Coastai Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. A r Page 2 of 9 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) There are no Acres Leased Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. " Indicates 'a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. "'Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP UNITS LBS NIUNIT BH I HYBRID BERMUDAGRASS-HAY TONS 50 r 5G SMALL GRAIN aVERSEEDED AC 50 Page 3 of 9 Animal Notice of Violation List Farm Number Farm Name Owner Region County Letter Date Sub act 82 98 F&B Farms Butler FRO Sampson Mar 31, 1997 Notice of Violation 82 98 F&B Farms Butler FRO Sampson Jun 4, 2001 Notice of Referral from DSWC 82 98 F&B Farms Butler FRO Sampson Aug 20, 2001 Notice of Violation 82 98 F&B Farms Butler FRO Sampson Sep 3, 2003 Notice of Referral from DSWC 82 98 F&B Farms Butler FRO Sampson Nov 24, 2003 NOV I Notice of Recommendation for Enforcement E Integrator Noted Problems L, Coharie Farms . No Operator Designat Coharie Farms 5-14-01 operation revi * Overapplication of 1 20.6 Ibs PAN per acre grain 8.2 Ibs PAN per acre c grain Coharie Farms 8120/01 inspection Overapplication of N Coharie Farms DSWC 8.14.03 routine * Over -applied PAN to Over applied amount* Pull 1 - 18.21 lbs PAN, Pull 2 - 27.29 Ibs PAN. Pull 3 - 19.0 Ibs PANIe Pull 4. 26.3 Ibs PANIe Pull 5 - 14A7 Ibs PAN. Coharie Farms PAN overapplication i Failure to notify. Unsatisfactory record 1 WArF9. pG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Emironment and Natural Resources Alan W. Klimek, P_ E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Freddie Butler 2162 Boykin Bridge Road Clinton, NC 28328 November 24, 2003 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code 15A NCAC 2H .0217 F & B Farms Facility No. 82-98 Sampson County Dear Mr. Butler: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H _0217, you have been found to be in violation of your 2H.0217 Permit_ On August 14, 2003, staff from the Fayetteville Regional Office of the Division of Soil and Water conducted an operational review of your swine farm located on SR 1917 in Sampson County. That routine inspection revealed that during 2002/2003, irrigation events made to oats resulted in excessive over applications of P.A.N. at this facility. The pulls noted were number one through five and had the following over application amounts. Pull one was over applied by 18.21 pounds, Pull two by 27.29 pounds, Pull three by 19 pounds, Pull four by 26.3 pounds, and Pull five by 14.17 pounds. Further, a review of the facilities compliance file indicates a similar violation for over applying P.A_N. in 2001. That letter has been attached for your review. Additionally the Fayetteville Regional Office has no record of this office being notified of the over applications or of the written report as required by the permit. Also the facilities recordkeeping was not in order. Records of applications, samples, and lagoon levels must be taken as required by the NPDES Permit and failure to do so is again a violation of a permit condition. This unsatisfactory recordkeeping condition contributed to the over application of P.A.N. which occurred to the small grain oat crop. Please be advised that such over applications are inconsistent with your Waste Utilization Plan. These violations of the permit are the reasons this office will recommend enforcement to the Central Office. VMW AEBE" N. C. Di%ision of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (410) 486-1541 Fax (410) 486-0707 Customer Service 1-877-623-6748 Mr. Butler 11-24-03 Page 2 The Division of Water Quality requests that the following items be addressed: 1. Improve recordkeeping by following permit guidelines for applications, samples, lagoon levels and new approved forms. 2. Avoid over application of P.A_N. and report them as required by the Permit. 3. Maintain all required records available for inspection on site for three years. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is forwarding a recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in m riting, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before December 24, 2003 should receive this response. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your response will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Since&Rawls Paul Regional Water Quality Supervisor PR/lb cc: Keith Larick - Compliance Group Wilson Spender - Sampson Co. NRCS Danny Edwards — SWC, FRO Central Files - Raleigh N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 o 3. NCDENR North Carolina Department of Environmen# and Natural Resources Michael F. Easley, Governor August 20, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Frederick Butler 2162.Boykin Bridge Road Clinton, NC 28328 Subject: NOTICE OF VIOLATION F & B Farms Facility No. 82 - 98 Permit No. AWS 820098 Sampson County Dear Mr. Butler : William G. Ross'k, Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Qunity You are herebv notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, vo❑ have been found to be in violation of your 2H .0217 Permit. On August 20, 2001, staff from the Fayetteville Regional Office of the Division of Water Qualit` conducted and inspection of the F & B farm located in Sampson County. The Division of Water Quality was notified by the Division of Soil and Water that an over -application of PAN had occurred on F & B Farm on May 14, 2001 and the follow-up inspection confirmed the violation. The reported over -application occurred on field 5-B in the amount of 20 pounds which is in excess of 10 percent on the small grain overseed W"Ith an application rate of 50 pounds. In addition; a small over -application occurred on field 7-B in the amount of 8 pounds. The owner/operator is required to, notify the Regional Office in accordance with the General Permit condition 111.6.f. which stages: "Overapplying animal waste either in excess of'the limits set out in the CAWNIP or where runoff enters surface waters' - The The Division of Water Quality requests that the following items be addressed: 1. Notifi' the Division of Water Quality of all future over -application as required by your General Permit. 2_ Maintain your irrigation records (IRR-2) forms by the crop and adhere to the application windows to prevent over -application issues. If you have a response to this Notice of Violation it should be received by this office on or before September 28, 2001 _ Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Fayetteville Regional 0€iice 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-50+'13 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: mv.enr.state.nc,us!ENR An Equal Opportunity 11 Affirmative Action Employer— 50% Recycled ` 10% Post Consumer Paper December 16, 2003 Mr. Paul Rawlsi 8 an NC Division of Water Quality 225 Green St., Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Rawls: In regards to a Notice of Violation/Notice of Intent letter received from you dated November 24, 2003 concerning F & B Farms, facility number 82-98, I submit the following and enclose other items referenced below. In crop year 2002/03 for winter over -seed of oats, I did in fact over -apply nitrogen due to an inadvertent error in record -keeping. I made applications of lagoon effluent in November, 2002 and recorded these applications as required. However when I made applications in February 2003, I started using new forms based on a calendar year and not crop year. This was an honest mistake that I will not make again. Had I realized the records should be on tht same form, I certainly would not have over -applied nitrogen because I would have been aware of the previous applications. Some waste plans can be confusing in that some show calendar year nitrogen rates and some show crop year application rates. I did not report these over -applications to DWQ, as required, because I was not aware of them until they were pointed out in the DSWC inspection of 8-14-03. At that time, the inspector, Danny Edwards, notified your staff. In regards to your statement that my "...facilities recordkeeping was not in order", I submit the following. All waste applications are documented, samples have been taken on a timely basis, and freeboard levels are kept on a weekly basis, as required by the permit. These items were available at the time of the inspection, but perhaps were overlooked. I enclose copies of all waste analysis reports for calendar years 2002 and 2003. They will show that all waste applications were covered by a current sample. Furthermore, all weekly freeboard level recordings are enclosed for the same time period. I also enclose copies of the waste application records of the winter crop so that you may see that all applications were documented, even if done incorrectly. It is my sincere desire that you will review the enclosed information and determine not to recommend enforcement. I operate my farm in an environmentally —sound manner and keep all required records. The over -application was not done maliciously but because of an inadvertent mistake that will not occur again in the future. I look forward to your response. I may be contacted at 910 990-1902 during daytime hours should you have any further questions. Thank you for your attention to this matter. Sincerely, G. Frederick "Freddie" Bulter 44 >Z,� NCDk r'dtfornii' , r o�;tNu:..1C0 4. �roraer: F & B Farnls ;,.1 GO/)it's To: 763 teaser Rd. Cllnlun, NC 21311 Analysis Rphort - aste Icrrm: I 11/10/03 Sampson County Sam 1e tnfo: Labolrata_=iiesuiis`. arts_ er�millionuniessotiieraise iiotel�:',r;�.nyri:�°..w i1j arfij , ..�, , , . 1,.� Sample ID: N P K Ca M S TICKiln Zn j cu Q A G'! C Total 361 44.5 537 106 30.9 27.7 2.68 0,53 1.35 0.50 1.08 IN -N , Waste Code: -MiN ALS NO3 Na Ni Cd A Al Se I,i pH ; SS C.-N DM%, CCP% ALI,(Kur! ' Descrlprton: OR-M 148 6.96 Swine Ua oon U(. Urea .. Recai�unentiations. , � Sf�-RC2a... ` Nutr'iAe frrsC:ru:lNPr`�N t - "allor3s gip. li'calioirAti shod lrri 1'� ::d i,. +,i ✓' :'f: S 'Y1. si'-' 'li �4— N'••F 1 a�AIY�-����' ,!'sir- CF,. r is .'IJi ,�.� •N�, : P. 4X 0 Cd ?' : 'Shl,,. FE.•, ,� tMn lisi. Cry < ,NrPb � „• lm� 1 � i t.. 1: U, 4:.Q:Gd U 18 " ' Q, lei ;°O Q2 �:,1+ O 1 "�ik.�d I`,;1 — ,�: I4 h- i.^-~:l�'I' "a ail46 l.i 2 allan ^;i-r�' «'I q .0 q,' r, ,'■ - ,.{ r f.:'t A �F r .�; f 1 +�, ,a a r.. i�� 1., °'., r :t � f ' �u r 'fix t�i �,.� 5 � �'1:,� 3 � f, SLR I;.� .#��y3. :,�-,o- �:��; .t�si�'i.���_�',4. i I'r.;,;iiar, +rr � f, p r � ��} y.r • _ ; i ` , ti...,�.-••r `s ,� .:.tH,,. Ss R..� .. i. f% .F.. �' iR�.p 4. •,h�F :! 1 iT. .r,. (_ f.r :� � xl. mi�,,.`h ..Ii3rx>.. +.,r--.. fhe` Ii,nf the l oori li'uidis -,air o - - , ,. I:x :- ;. P-x... „,.,. -�.. i below nrc� ideal r;ui a fur hsirteiial dctlon and w',isteareatment''.Gradurtll tip list iHab �dciln sl 1bf,bF:a ncdltdrxl lioie: �er,1QOt1 ..h.; Y. 1 ,.l . Y, g. f; ,I d.�m� cu ft bf h did i6} ainhi it tlt�: l •'non, Shhi le the Fi o6h 9 g 1' ribnthl' 3md Cc3riitrtClc lii ad`dst .I,:a�,w-e�rjg,, , , §�rt�':,y'I(!ys r. n,i,� �.(•"�.:'��;' ,�1h411'F„��4'��• �5.'^ .-.%'�'`;1�.�'', k' � o-k '° '�� r 7',1).+-. 'x�r,t7:�.€ �, .�I%. 1 .1'xY •i? �:i",7 err �..:.. _� :.+�.r�. }"i:�. I r ls:witfiin'tltc iiesired ran e:of 7:Q;8.Q, ],:,,i.yr�•,,"- �:liu t.,, -.j .�'.., �' 141.11111iji :��,5 ,:,r.,r r'.�.�:�r,1,��:r .,,r,�tu.l , . , - 1 �.-� -- 9Ovc61r (Yrbtver: F & B Fafins Copies 7b: 763 Beave'r Rd. Clinton, NC 28328 ff �'��'- --haste A naiysis RIUbort Farm: U 8/11/03 SaMpson County S"16fia "oRK7 pa Sample 1p: N P K Ca mg S Fe Mn Zn ct, B M6•• Cl C Total 417 47.8 588 06 34A. 21.7 3.66 0.70 4.76 0-42 in HV -1V Waste Code: -N114 ALS -NO3 Na Ni Cd Pb Al Se U P11 Ss ON DAM (,'('F% ALE(Kgal) Description: ORA, 163 7.78 Swine La goon Lig. Urca IR Him, ittib n ", !R 10 l�O*m4"T � jV ,�lIrI 41 li, �a �NMA' bh-O'n"W' igWwA30 ree 1 11, 65 Report No: WO! W 6rower: Frederick, Harold Copies 70.- 763 Beaver Rd 1. If Clinton, INC 28328 ire Q �ji s ehort T-arm-, ste A na si Wly 5/16/03 Sampson County Sam le Info' Laboratory, Results (partg Er..million unless Sample 10: N P K cc, Afg S TIC Mn Z11 i Cu 8 MO i Cl C 001 Total 515 41.6 597 145 32.9 15.1 4.28 0.70 1.58 �0.53 0,91 IN -N Waste Code; -NIM Na M Cd Pb Al Se M P11 SS C.-N 01% CUM ALS lv()3 Description: OR -IV! 152 7.69 .Swine Lagoon Lig. UM6 966 ! M" i -6 d a t I o"n, ON6jA6ftPA7%Rb1e fiKIWO, 6" 00 it ethe s.�, S A— .. I I� -., ". 0• 41-i 2 2: 7 - ' % V -lip M X A 0'5 io J, A FrW all fti�6d��V wl(6: z a Ofil a e �'i 6 0 2 LN drouj&r: F & B Farms ("Ovies 7,0: 763 Beaver Rd. i Clinton, NG 28328 i V a� -AO4t ste A naiysis R, 10r I Fann:'82-98 2/24/03 Sampson County iSifii*-jfifO.. LAW4 ~ Sample 1D.- i r N P K Ca Af S Fe Mn Zn Cu B Mu Cl 011 Total 574 58.3 702 127 29.4 26A 4,86 0.62 1.70 0.71 1.49 Waste Code: -NI1.4 ALS -N013 Na Ni Cd Ilb Al so Li Pw SS C-N DYVI% CCE% ALE. (K_qol) 168 7.61 Description: OR-N Swine Lagoon Lig. Urea A&Wtiffiffid 6 kJ; a" 0' all-kVI.I. et l' l! OMtt R To Pb Li NCDAAgrohbihj"" '. - &C . e " - 6rotven Frederick, Harold B. Copies To: 881 Beaver Rd. Clinton, NC 28328 Wlas - °'c t Anal R, effort e ysis Farm: 11/12/02 Sampson County Sample Info...,ma Pam IrOT"' _LL Sample ID.- N P K Ca Mg S Fe Mn zn - Cu B AfO GI C Nat 517 62.4 862 121 31.2 23.8 4.26 0.70 1.63 10.71 1.28 001 IN -N! Waste Code: -NW Na Ni Cd A Al Se M PII I SS C.-N DAN C(,T% AM(Kgqo ALS -NO3 204 7.59 Description: OR-N Swine Lagoon Li . Urea ffl, 6,V'*I IN1-N4tTfi&MQIhfiw%P1t i& Irrigation �,A f U., 'CdA po NCDAg 0 -8 W,.,. Growen Frederick7 Hai -old Copies To: rA"0 ATs ti.'�� , 763 Beavej, Rd Clinton, NC 28328 W,asste Analysis R P-hort a� : 8/12/02 Sampson County Sam Info...... Labor4tory.,Resii1ts.(pa .(S.�;O 'un Ow Sample ID: N P K Ca Mg _S Be Mn zn Cu B A16 C/ C 001 Mial 409 58.7 869 io6 25.3 19.4 3.48 0.56 0.97 jo.62 1,59 IN -N Waste Code: -M4 ALS -NO3 Na Ni Cd Pb Al so U P/I SS C-N DA CChN i V, E (Kka Description: 01?-N 203 7.82 Swine Lagoon Lig. Urea 'kA V. RAMIAW O"Wo"M 0 6 1 kit•IN R g r2 15. NJ D 7YaafM , IM -N "A 6�10'10 k1Rbk"lQlfPNQ-17 '�11 gog 77�,X, iq"' "' Y U16 -,i�v ,vision K3 66 'WOW 0 Tj'­­rotvor: Frederick Hat -old B. Copies To: 881 Beaver Rd. Clinton, NC 283,,.8 wste Analysis R effort rarm: 5/20/02 Sampson County j ub6f it6j"16gul ii],(640�j Q0 fa 1, T .fr41. J-1. I'.". J�", Milli ss".4(fi�Cr"wisello A i 11. ! - - - - gm-�ax Sample 1D., IV P K Ca M S Re Mn Z" I Cu B A ct C Total 768 86.9 1111 125 31.4 26.2 5.28 0.11 3.42 1.02 1.53 Waste Code: -N114 Na Ni Cd Pb At Se U P11 i SS C:N DAM U1731% V, L LKLa 1) ALS -A'03 250 7.70 Description: OR-N, S%iine Lagoon Li([._ Urea so. V 0111 "ON! lbffii bt�IU NgiLLIVII 111.1" E1031 'Y Y, QP UHM 51 67!M% 091�", 1�460 slay milmmom 9 Grower: Frederick Harold B. Copies To: i 881 Beaver Rd. Clinton, NC 28328 W,aste A'nalysis Ruephort farm: 2/25/02 Sampson County l4c. sirg"a , Vo 0P .i Sample ID: N P K Ca mg S Fe Mn Zn I Cu 8 mo CI Total 567 63.5 834 151 28.6 22.1 5.05 0.65 1.63 0.56 1.37 Waste Code: -NI14 Iva Ni Cd A Al so U pH I SS ON DM% CCE% ALL al ALS -NO3 Description, OR-N! 203 7.59 Swine Lagoon Lig. Urea MAX `;-IM .1 Pfm.�— fig VIIAO faa, I Fi IMI "LU 0 CO"Efeffiffian 'I'M MTU I b fil . . . . . A4 r. - OR-, A )� - F � �"N Ric, 1W.W. I 'A AM .4 I .,I M FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation -Record_.. Farm Owners Facility Number �a:�'r Operator fli�tuv�re�cr�7�t�pc>,F;c' = )late : immldd/yy) "Waste. Structure'Freeboard inches 'Precipitation (inches) Initials # # # # ` # - 1J.28;/P . C? r/k:c r` 1ff1 { r - .,i:.Lagoon:treeboard.is.the difference between the lowest point of a•lagoon embankment and the level of liquid. For lagoons with spillways; the difference between the level of liquid and the bottom of the spillway should be recorded. 2.-Freeboard,plus available storage capacity must be recorded at least weekly. 3. Rainfall must be ieaorded for every rain event. 3114/03 FORM FRBO-1 Waste Structure Freeboard and Daily Precipitation-Record— FarmOwner �iA+��tD.tiPi jK' f �e "E'er Facility Number -ga-,V Operator e-V fxp 11; 4. '3 ..s L .Y. - p ;5 ,1 I r Y -z '•-s Date fmr,vddiyy) "Waste Structure Freeboard inches 'Precipitation (inches) Initials # # # # # # a — D 37 ` E• 03 33 - �� 1.lg G- _0 33 ;2C .32 a-0 S7, G—r �Rl r 77 3� f,3r _ .1..Lagoon freeboard iiit} 'difference between the lowest point of a lagoon embankment and the level of liquid. For)agoons with spillways, ttie difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity. must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3/14/03 :.AQQN -FREEBOARD al—NLY AV MUAL Permit number:_ Aw,c_. IOooQo-Farm name:- -Nuthber-oflagoons.at facility: -C*rit in'4te ip'o' n'gible. Charge: eoto RPM",, -F rienw, Ae-.110e Certificate Number__Ae:.S &)W If. _ at this facilty, please describe in words or -by drawing, which lagoon is identified as 14 o agoonshumber 2, etc, and -note (asterik-�)-which-lagoons,-if any, -have, designed spillways. on, r r.�I - -"-. . .1 - EM13MI. E7 RiM'2�k 1I d.plus _.,available storage capacity is the difference between the lowest point of a lagoon e_niban.kriient.and,ihe':Iiveflof-liquid. agoons -with _ilJillwAy' s,: . the difference between the level of -liquid and the bottom of the spillway should be recorded. 2. Freebdaid plus.available storage capacity must be recorded weekly. ­:. 3/20/97 LAGOON FREEBOARD AND. AVAILABLE STQRAGE -APACITY IOG Termitnumber AL2,9 joaooD Farm name: t f 5 ---Niiriiber-6f-4agoons at facility: 1 'Operator in,Responsible Charge: m E!2m 4rftw. Ar.L g Certificate Number: td.5 SZDo98 If more?than=vne:lagoon.at this facilty, ,ease describe in words or by drawing, which lagoon is identified as be recorded. 2. Freeboa d-plus=available storage capacity must be recorded weekly. 3/20197 Permit number:. ACJC, 100000 Farm name: Ft fyA,e�tS Owner/}fir tie 0- hu; c _ Number of lagoons at facility: Operator in Responsible Charge:[ asn-F Certificate Number: Aids 9ZOOW If more than one lagoon at this facilty, please describe in words or -by drawing, which lagoon is identified as l_ Freeboard plus available storage capacity is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded weekly. 3/20197 ' :LA-GQQN F'REEBQARD AND AVAILABLE_ STQRAGE,CAPACIIY LQG - - - ,P,errhitnuniber:' :Q.W 'I00000Farm-name:-Ft-3 l�,ett5 -- _--_ , - �-�--,e�o,�.�_.-�;,�.__ __.___ _. _.Number-of=lagoons-ai•faciliiy: l Ope afor;in `Responsible Charge: dice =f- i r � Certificate Number: _ Aids gaoo9S if, mor.6416 ,o.ne:lagoon.ai this°facilty, please=describe in words or'by drawing, which:lagoon:is identified as :tagovri�nuniber-i-, lagoons,nurriber 2;;etc,.-and_note-(asterik*)-which-lagoons,-if any, -have designed spillways. ' t r r r r l 1 giI i ' I 1 — 1 1 1 1 ' l l 1 1 •' 1 1• - i I. 11 1 :.;�,`'{� "litiLA>..-.... f� ".Y,� i.Y.:�adb i���.e.$.�'_'=t�' �• •v ; +4Clr.iw.. r: �' Ms., y,. s� d s4J �t: �ivsAylZq +.., '�Y�^ms^�'._..-� y-'.-�..-... � - � ��`'i,fr�i F•��{•f",• y „�>�!oti� � a. • G �' -t q����..�i -b �: .. 'R`AiK1 ' 1.J ��"�hi^a�#iu; L.�SAb� gg 16u.•:�:i Ms"a�' W..c:ri ',..L�. � � e � s �„,,.r .y. 1�-L. v�-^r•�—'�i�'^- 's a Yt e.3 ter_ ,-, ..,.z., �' ;a S' ..+.' _ % - ,..�.�. �` L f%i4sT �• ;�"iw' 'v,x';:d� '-sue. }#-{�.S`-• f�.l•.:d -AF7'.C.i '•-� _ 4� 1 �1 �5't7FYiAk t6i.e iZ�..---t'.e�_ �Sn+�..[�w�� ..--5 Y. Z'.'� ��. -1�'?�1.«.,r�G� 'g ci�Y-a.�=we4;r ��tUtG�At •T'�"+a^..;. ��� i.L"9L`7•� �h' ..-T � N« ,��.r.`—^�Y� 9' �� Luc �+`y$q i°',w` M �.%w.z""y.'."fiowdw�=+� .'..A.t�1'i r�f�w.m[�&� yy�-S'•- .^�wlgYxT �5�.+-_:.e � ...9'•��'i? -ring. Y=.i 'Q • /. &' xT`,''�•, 4�;,n �'" a•~='.;z.•i9.T.ei'f: tit]11.6�" lJ� �N /S .•'T: iT >',R i � .�l.ax�7. .�',y' _ s'ue� x� y Y'.', .r f. 7 �-9: '4 C•rro.a( �^'..�:.,R Iw:.`..IRS�"ls- �i:� -.ice 1. Freeboard plus:available storage capacity ,is'the difference between the lowest point of a lagoon Al embant and the-le_vel of4rquid - 'ForJagoons with spillways,..the.dif%re_ nce between the.level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available -storage capacity'must be recorded weekly. 3/20/97 L A�GOONYjtFEBOARD AND A_ VAILABLE STORA9E CAPACII IOG - - - Permit=number:_. .A jc'-.10000D Farm name: F+ .3 gv-Ac5 -9vwti-t+ao►�-urC— _.__..- ---Number-of-lagoons-at:acility: .peraipf,in"Responsible Charge':• -F A1--LeP- Certificate Number: Aid5 920OW If,.marrAhan'-one lagoon at this-facilty. please describe in words or by drawing, which lagoon is'identified as la on:number--,I Aa oons,number-2,•etc,-and"note"(asterik-*)-which-la oons;:if an,have designed s illwa s. � :�' ��._ `= - .Record freeboard; "lus`-8vailatile stoi-8 a=ca aci ln;feet. -: _ -=Date = "i:a- oon.# < :La oon # �La n#�E y i ° -n'# - : YLa oon# ' y � - oon.#>'=� I:a n:#i""� . oon�# = ''Initials• _ . .:n.. L R may,_ y� ®® i E ,. w'°. - K, ^, # rl i' .,.YC't .a:x. e �+btw...,�,. -sr s-,x n �s k K'.'�.• E �y. ems! �;sw:.Ma:.�i l:d.�'"�` ��1�� , � ' � .- . -� . ` ::�r�b,<.'�x�; �:v ' a;;�"ua: �: " -m n.1!,'a�:s-a �sx��^.SSW xt a aim wco...ti3i.�3.ee. A US t 'y available storage capacity is the fference between the lowest point of a lagoon us di embai0crnent.and •liquid. ar • e t >the-differencebetweenliquid 1 1• 1spillwayshould 1 recorded. 2. 1 1 favailable1 1-recordedweekly. ;FORM IRR,2" :Z;., Size, (66 Fai Owner's Owner's Tract ff. W Owne"r..,' 'Fleld # v2jif-. a C-X-J V4 GM. ik H10. -"Pu� 1-L6gd6p','I!fl0ati6h fiolds k 6 dio rd Ohd Fbr(ti-f6'r'."E�ach'.'F7.ib'ld' Cycle Facility Number 10106116h Operator Operator's Phone 4 Frol*Waste UtIftAtIon Plan EX R.L i, E-2 e, I Cfnp Type 71, A eica" mrlinded PAN Loading vwkie) V4 -F;6 (131 fil 121 131 (41 (51 Jill (A% fill Rate mrrV4ddtyr InIgallon Waste Ana101s PAN' (lb/110 00b PAN A ppiled (Iblacre) (8) P, (91 1000 Nlifogen Balance (1151acre) Start Time End Time Total Minutes Ovisprinklers ' '. Oberallng OW Raja., F1 , (gai�mlh)' Tote V'f ­', . '! 9 gallons)'i. (a) 4 Volume pa , r AC'ra fijiVicie) I —au (A)' Crop /3ycleTqtalsJ,,f_, I I � _J Owner's Slgnalure -.Operal6es SlgQature Certified Operator (Print) 9-7 Opera (or's Ce� rtificatlon No. NCDA Waste Anaylysls.br Equiv'alent or NRCS'Eslimele, Technical Guide Sedon.633. Enter the value recelvedby'subtracting column (10) from (B). Continue subir'a6�llng' column (10) from cdlujrrjn (11.) following ei irrigation event. "FORM ,Y Fai d'W;nar-s Owner's I : ',' V860.. is) 1 Owner 4ddreidl :Ihone# 7?; 'Fleld # jZ 9 aig 6'o'n I rr i g"a t i dh F 16 1 d q'� k b -60 rd, ' (�-111� - �, 1 .11 1 � o., � 1 11 It4", 1� One Form far Each CycI6 Facility Number "'r"a"06" -Operator rato Irrigbilon Address Operators Phone # Hftii 'E-21 Frorn'.WAttd Utilization Olin Re66mmelided PAN Loading (Iblacre) = (13) �Ciop Type 121 131 (4) 151 (61 al 481, in% flni fill Dale mrtVddtyf Irrigation 4 Waste Analysis (lb/I 000 ga AN PAN Applied (Iblacre) i i 1600 Nitrogen Balance (Iblacte) (B) - (10) i Slarl Time End Time Total Mules of sprinklers 06eraling Flow Rate (CEIV Tolii V 401 (8) w. (5) (4) vaturne p , er . Acre (giUicre) (A) —7 A -6 -------- i I CropC!�cle Totals;! Owner's Slgdalure Cer-tifled Operator (Pr ! Int) NCDA Waste Anayl,Vsls br EquiValent or NRCS Esilmete, technical Guide S6'clion 633. Enter the value rkelved�by su6tracilng column (10)-from (B). Conllnue subt�4tlng column Operator's Signature Oper6lor's Ce:rllflcatloh No. 0) from column (11) fbIlowing Irrigation event. FORM laR'2 Lagoon _jrffgattoli Fields Record One Fofm' for Ek —.Field o- :Grog Cycle ell . ;tract # Flefd Slxe;(ac s) tA) Far, owner Owner's Addretis .; Owner's Phone'# .; t=aMlty Number C ''Irrlgation^IOperator.. f "L Irrlgollon Operator's ' VT' fir - `Address Operators Oilone # } 10, -Z From<Waste:Ut)ilzatlon Plan Crop Type Rewm,64nded.PAN Loading t7l r11 1211 (31 M (51 !f81. ^_.r fBi fB1... SD . 'Field fib' sti"r2.�:D�'�!;`7G►.'.. 'f �'yt2•t:LVar� ^ V7�+f� Dale mmlddryr lrrlgeGan _ ' ' 1 ! !! al S rinklers . _ xr 5 s Volume Start Time Total P I Folal Volume pet Acre End Time Minutes OPereling Flow Rale�1 °fi (Qallonsj a {geVacre) (9} - (2) .. {gallmin) �Ii (e) k (5) W (,) : i� A Waste Analysis PAN' (Iblt000 ga) i PAN Applied {Ihfacre} ! B r B I 1000 Nitrogen Balance' pblacraj (e) - (10) o ,j.I' }s. I �J I ' E j .r I A", Crop C le Totals:.; : L J Owner's Signature, ..Operator's Signature Certified Operator (Print) ; j� _ i ACD'SkL rw— _ _ _ i Operator's Celrttt'lcatlon No. — 3 - — t 1 NCIJA Waste Anaylysls br Equivalent or NRCS Estlmale, Technical.Gulde Sectlon 633. 1 7 Enter the value received by subtracting column (10) from'(B): Continue WbttActlho column (10) from column (11) following eac' Irrigalion event. k f FORM 1Ak,-2. �:Fi eid, (dcr Far Owner's mi (Al- .1.1. miner 14� 3-� .1 rriga .Lagoon,'( tion—i F 6rd R - i One Foiri-61& E6chIM'e' C Cycle W field Field # 41,. .-A 4 J.; 7&3 (de-4,MA- 6t�-'IA Fadfly Number Arrigatlori;Operalor j IftigbIlon 6".1raldes. pe „Address operator's Phone # EXII.L1 E-2 Fadfly Number Arrigatlori;Operalor j IftigbIlon 6".1raldes. pe „Address operator's Phone # EXII.L1 E-2 VX A.) Jr Fromi`Wast,dUflilz6flon Olin Type Recio"M'r�e4� PAN N Loading . , . r (13) 01 (41 161 (fli, (71:. c~fa1 Ig% iffli 1111 Dal Dale MnVddlyr Irrigallon m Waste Analysts ?AN' P (Ibil 000 il ) PAN Applied (11�facre) I 181 x (91 i 1U00 Nitrogen Balance (Iblacte) 00) Sian Tl 0 End Time Total Mlnule3 (3)-(2) 0 of SpTlnklers • Operaling Flow R Tole Vo u (4 Volume pit Ade tviL68) 6-6: V66 dg'-''t-77 -7 ea j — --------------- Crop Cy Totals' - Owner s Signature Operatbirs Signature Cerllried Operator (Print) Operators Cr rllffcatlon No. NCDA Waste Anaylysis 6'r Equivalent or NRCS Estimate, Technical Guide Se'ictlon 633. 11 Enter the value received by subtracting column (10) from (B). Continue sublia6ting column (10) from column (1i) following e. Irrigation event. EXH . FORM .LagoonArridbititih fidldsecor OnoFbritlOEach Fi-e-Id pei. e, Trbcf#,, F161d Slie (acr s);iz (A) For Owner! wneei owner's Phone # -7 -- Held #,f, 67 7`3 be-41 19ri- Rek�c) Fadfily Number acl - 9??, Irr Ida 1!pqpeTBitor: Irrigation Operator's -'—"Aftess 06erators.Ph6fie # Utillidtlibri Pisa Lop Type !�oad!Loadingcommend /1— I "", (lb acre) i, (a) III 111 f3i (41 451 Ain dol.: 1101 : " , ,;�--Volumb 1 Wasle�Analy3l& PAN PAN Appiled Nitrogen Balance Data N of Sprinklers . - _ - , — r )k6i Start 71r6e Total ta'l. 1U, :1; (1611000 1 (tbl6cfe) (Vacre) m"Vdd Oprallng FJOW Aat6,.',L End Time Minutes I (gai/mlh)%­,' (3)-(2) % (4) 1000 b --------- L - A ------------- 4k Crop CYC 17ot Owners Signature Operatbes Signature Certified Operator (Print)Operator's C�Hiflcation No. NCDA Waste Anaylysis r Equivalent or NRCt Estimate, Technical Guide 6`ed6h 633. 6 2 Enter the value received Y subtracting colurhn (10) from.(8). Continue eubirf'AC'tihg.co1umn (JO) from 6o!bmn (11) f6flowing eac Irrigation event. 0 rn&,T Tract 6 Own.e'r Address Phone # La§66h Irhb416h!'FI'e'I'ds Record .:dor . One Form f6i�.Ekhfield per Crop Cyc Facility Arrigalloh'Operator ..Addiess ��ator's 6p Phone # , ..,. Firdiiii Wlstd, 011ilm"16n:01an, Type Reo6mmi`ndid pAN 1.6ding T —4i jiblacre) u (131 M i IAI 0;% (Al 171 Flo Id [_ it EXR,_,-, 8-2 Irrigation Waste Analysis PAN PAN Applied Nitrogen Balance Volume Data Start Time Total # of Sprinklers Total Vol Mai per Cie (Vacre) (Iblacre) mmlddtyr End Time Minutes Operating Flow R616 n i _ 9�V�6re) fal x to) (a) - (10 (3) .12) (gallmln) M) (5) :1 1000 (A) -2 M 'A -It I A Crop C yCle T�9i,� - L Owner's Sign.ature :.Operator's S166aturc Certified operator (print)(„ Op&r6loes C6010ciiition No NCDA Waste Anaylysls �r Equivalent,or NRCS Esllmale, Technical Guide Section 633. Enter the value recelved6ysu6iracflng column ('10) from (8). Continue su6if0iing column (io) from column (11) fo'IbwIng e t ' ' FORM IAA-2 Lagoon irrtgattah Fields Record One Fbrrh farlEach Field �er:Crop Cycl ' x Tract # Field #• �r a; ? �, Facility t FfeId Size (ac es) jA} :Far Owner '>;' ,r (rrigallonYOperalor Ownor.'s Address ,irrigation Operator's rr;Address ' Owner's Phone'.# Operator's Phone # a- . ffff . I+rom` Waste. Utilizationplan ' Crop Type 'Poeinmmended PAN LoadlnQ ! 7.6 (Iblacre) (e) r11 121 131 (4) (5) (61 c71 ?fal j PAN Applled Nitrogen 901a6ce 3 Date I f• !1 or Sprinklers Ya e s Volume start Time Total Total Volume per Acre Wesl9 Anafydla AN (W1000 ) (Iblacw) {Iblacrej mmlddlyr operating Flow Rate Frid Time Mlnules allans ` fO aUaere �B �(q) g B ■ B (9) • (10) t , L) (3) • (2) (gatlmin) . t., , (5} #.. , 1000 A I { I Crop Cycle Teals:` t..;);, Owner's 5ignalure �" r ; ';Operalor's Slgnatui Certified Operator (Print) ��' F(� (C Operalor's Certification N } i .NCDA Waste Anaylysis or Equivalent or NRCS Estimate, Technical Guide Section 633. ' Enter the value recelved by subtracting column (10) from;(B). Continue subtr�acting column (it]) from column (11) following i 11 i I f - -FORM IR072 .. . s ` Field Size ry; Own c Lagoon,lrrigati6d Fields-kkord One Form for;Each "Field ber Crop CycG Facility 1` Irrigation Operator. ,I6166116h Operators _ ? Address "Ope{alor's;Phone # F+ 6m.Waste Utllf atl6h"Olan Crop Type 011 %S Rkbminended PAN loading i r11 (2t� 131 (4) r51 fal _474 iri5- i_. Tract # ad .ar Owner er's Address, Owner's Phone'# 7 ,SSa Field #, I Irrigation i Volume Waste Analysis PAN PAN Anplled Nitrogen Balance' t7ala A of Sprinklers �- , f Slant Time Totalow i, Total Volume per Acre tItN10QQ g I) (Iblacre) (Iblacte) mmlddlyr i End Time Minutes Operating ll}` " g (e) ttQt Lcj) tOQO 14// 'j.daC16if"t �iii� wa0 l �� i' -/LK3? &Utz' ,ti I`r'� t xf.cs.t 1.A. 'i Crop Cycle To�,ls`' ; Owner's Signature Operator's Signature Ceriffied Operator (PrInt) ��,. j �Z�: c ,a�. Operator's CBriiflcaHon No. i I i 1 NCDA Waste Anaylysis dr E,quNalent or MRCS Estimate, Technical Guide Seclion 633.' �. 7 Enter the value received by sublrecling column (10), from.(H). Continue subkra(;tirig coturrin (�0) from column (11) following of i irrigation event. co.: # ( Ffetil Slze (ac es) (A) i t ° Fed Owner; Owner's Address 'N Owner'sPhone,# I f Lagoon Irrigatibh; Pit ,(ds- Record One Form for'Each-Field 06�.Gr0'p Cycl Field # : S" 110t �L Facility I r �ir�igallan;Opr3ratar rIrrigalion Operator's Address bprator's Phone # From'Waste 11ilzatlon'Plan Crop Typa fiecorrtmended PAN Loading /f 'T4 (1Wiaua) (a) r� rn r2t l r01 r41 Irrigation j I I E Volume . Waata Anatyala PAN' PAN Applied j Nitrogen Balance' Dale mmlddlyr Start Tima Talal of Sprinklera 3 ,5"TpIgl.Volurne;, _, ' .perAcra Operating Flow RAte,:s„ r" (Ib11000 g I] (Iblacre) L41_' (.@L I (lblacre) (B) (10) End Time (gaUminjtestr. 1000 _.{8](9a{5jn"(4)It..:;(8aa) (,!)u(2} � A 8 ' fQ 1 07- 4) �!0 Aa.; '7 s 3 s . 1 EF-Lr-- -7-1 -:1 t i Crop Cycle Total Owner's Signature f Operator's Signature Certified Operator (Print) ��,. b -- j�Zi+ Operator's Cerlificallor} No. 1 NCDA Waste Anaylysis Ir Equivalent or MRCS Estimate, Technical Gulde'Section 633. 7 Enter the value received 6y subtracting column (10) from (B). Continue subtracting column (10) from column (11.) following e� l :t i I Irrigation event. i V Ffeild Siie (acr` F � Far Owner's 0 Owner's f s * Facility I ' ::,Jrrigaliori Operator `. : {lrr'fgatEon Operators I4: i, ! ';',Address Operator:';phone # RbllW.mite Utll1z1 MIdin Ian Crop Type '; ; -. Recomrrlerided PAN Loading 04 T5 1 4 {I6/ocre) (a J i11 i21 ! (3) (4) M ael. (71-.: _ i91 -: Lagoon' Ir=e1d Fields Record One F'orri'i for per,Crop Cyc. -act # a (A) wrier. Yregs )ne '# Fleld #' ,5..0y.. SAutc. Irrigation Waste Analysis PAN ' PAN Applied I N1lrogen Balance = ., { o Volume Date I Slam Time Total # of Sprinklers r T0181 Volume per Acre {Ib11000 g 1} (lblacre) (Iblacre) mnJddlyr # End Time Minutes Operating Flaw Rate:,.,, eliorie :t9 is,,-' ,..{gaVACie) $ " 9 I ta)-(IO) (gaVmin)"'' r (a)„ ;=IIL loon ; r , ;6;'_ .art -.r. k't... ',r> •s A aL 7 i .2%. G I _ :fin' sf;.:}, ,•y ;rl; �• l- r ,•�., 4...1..t Crop Cycle Tula s <- Owner's Signature 17 Y c Certified Operator (Print)-DElL1 # s f 1 NCDA Waste Anaylysis r Equivalent or NRCS Estimate, Technical Guide 5�6tion 633. Enter the value recelved by subtracting column (10) from (8). Continue subtracting column r i r r 1 -=1 opera tbes Signature Operators Certification No. I I 1 I• 0) from column (t 1) following e� �I I Irrigation event. 6 J 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 24, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Freddie Butler 2162 Boykin Bridge Road Clinton, NC 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code I 5A NCAC 2H .0217 F & B Farms Facility No. 82-98 Sampson County Dear Mr. Butler: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 1 SA NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit. On August 14, 2003, staff from the Fayetteville Regional Office of the Division of Soil and Water conducted an operational revie x of your swine farm located on SR 1917 in Sampson County. That routine inspection revealed that during 2002/2003, irrigation events made to oats resulted in excessive over applications of P.A.N. at this facility. The pulls noted were number one through five and had the following over application amounts. Pull one was over applied by 18.21 pounds, Pull two by 27.29 pounds, Pull three by 19 pounds, Pull four by 26.3 pounds, and Pull five by 14.17 pounds. Further, a review of the facilities compliance file indicates a similar violation for over applying P.A.N. in 2001. That letter has been attached for your review. Additionally the Fayetteville Regional Office has no record of this office being notified of the over applications or of the written report as required by the permit. Also the facilities recordkeeping was not in order. Records of applications, samples, and lagoon levels must be taken as required by the NPDES Permit and failure to do so is again a violation of a permit condition. This unsatisfactory recordkeeping condition contributed to the over application of P.A.N. which occurred to the small grain oat crop. Please be advised that such over applications are inconsistent with your Waste Utilization Plan. These violations of the permit are the reasons this office will recommend enforcement to the Central Office. I I NF®R N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (9101486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Butler 1 l -24-03 Page 2 The Division of Water Quality requests that the following items be addressed: l . Improve recordkeeping by following permit guidelines for applications, samples, lagoon levels and new approved forms. 2. Avoid over application of P.A.N. and report them as required by the Permit. 3. Maintain all required records available for inspection on site for three years. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. . Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is forwarding a recommendation to the Director for consideration of enforcement for these violations. Furthermore, the. Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before December19, 2003 should receive this response. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your response will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor Um cc: Keith Larick - Compliance Group Wilson Spencer - Sampson Co. NRCS Danny Edwards — SWC, FRO Central Files - Raleigh Ab N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 48h0707 Customer Service 1-877-623-6748 I/ State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil & Water Conservation September 3, 2003 Mr. Freddie Butler 2162 Boykin Bridge Road Clinton, North Carolina 28328 SUBJECT: Operation Review Notice of Referral for F & B Farms, Facility Number 82-98 Sampson County Dear Mr. Butler, EL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES On August 14, 2003, an operation review was conducted of F & B Farms, facility number 82- 98, in Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2003. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted: • Over application to the 2002/2003 small grain crop as follows: Pull Amount of N A lied Over Applied Amount P.A.N. Rate 1 68.21 18.21 50 2 77.29 27.29 50 3 69 19 50 4 76.3 26.3 50 5 64.17 14.17 50 The over applied amounts were greater than 10% allowed by the waste plan and require a notice of referral to the Division of Water Quality. 225 Green Street, Suite 714 I Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Mr. Freddie Butler September 3, 2003 Page 2 It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of this observed violation. A copy of the operation review report is. enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, - W, ffl, �/ N � Danny Edwards Environmental Specialist cc: Paul Rawls, Division of Water Quality Sam Warren, Sampson Soil & Water Conservation District Curtis Barwick, Coharie Farms Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Technical Assistance Site Visit Report Division of Soil and Water Conservation O Natural Resources Conservation Service O Soil and Water Conservation District O Other... Facility Number Date: /14103 1 Time: 1 1315 1 Time On Farm: fid FRO Farm Name F&B Farms County Sampson Phone 910-592-5301 or Mailing Address 2162 Boykin Bridge Road Clinton NC 28238 Onsite Representative Curtis Barwick Integrator Coharie Farms Twe Of Visit ® Operation Review ❑ Compliance Inspection (pilot only) ❑ Technical Assistance []Confirmation for Removal ❑ No Animals -Date Last Operated: ❑ Operating below threshold ® Swine ❑ Poultry ❑ Cattle ❑ Horse Purpose Of Visit Routine Response to DWQ/DENR referral Response to DSWCISWCD referral Response to complaint/local referral Requested by producer/integrator Fallow -up Emergency Other... Design Current Design Current El wean to Feeder Capacity Population Capacity Population ❑ Layer ® Feeder to Finish 3720 3782 ❑ Non -Layer ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Dairy ❑ Non -Dairy ❑ Other GENERAL QUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6- Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structure) Structure 2 Structure 3 Structure 4 Structure 5 Identifier I I L Level (Inches) 1 32 CROP TYPES lCoastal Bermuda -hay mall grain overseed SPRAYFIELD SOIL TYPES NoA 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 ❑ Dairy ❑ Non -Dairy ❑ Other GENERAL QUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5. Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6- Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structure) Structure 2 Structure 3 Structure 4 Structure 5 Identifier I I L Level (Inches) 1 32 CROP TYPES lCoastal Bermuda -hay mall grain overseed SPRAYFIELD SOIL TYPES NoA 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 Facility Number 82 - 98 Date: 8/14/03 PARAMETER Q No assistance provided/requested ❑ 8. Waste spill leaving site TECHNICAL ASSISTANCE Needed Provided ❑ 9. Waste spill contained on site El 10. Level in structural freeboard 25. Waste Plan Revision or Amendment El [111, Level in storm storage 26. Waste Plan Conditional Amendment ❑ ❑ 27. Review or Evaluate Waste Plan w/producer ❑ ❑ ❑ 12. Waste structure integrity compromised [113. Waste structure needs maintenance 28. Forms Need (list in comment section) ❑ El 29. Missing Components (list in comments) ❑ ❑ ® 14. Over application >= 10% & 10 lbs. 21-11.0200 ❑ ❑ [115, Over application < 10% or < 10 lbs. 30. re -certification [116. Hydraulic overloading 31. Five & Thirty day Plans of Action (PoA) ❑ ❑ 32. Irrigation record keeping assistance ❑ 17. Deficient irrigation records ® 18. Latelmissing waste analysis ® 19. Late/missing lagoon level records 33. Organize/computerization of records ❑ ❑ 34. Sludge Evaluation ❑ ❑ ❑ 20_ Late/missing soils analysis ❑ 21. Crop needs improvement 35. Sludge or Closure Plan ❑ ❑ ❑ 22. Crop inconsistent with waste plan 36. Sludge removal/closure procedures ❑ ❑ 37. Waste Structure Evaluation ❑ ❑ ❑ 23_ Irrigation maintenance deficiency ❑ 24. Deficient sprayfield conditions 38. Structure Needs Improvement ❑ ❑ 39. Operation & Maintenance Improvements ❑ ❑ 40. Marker check/calibration ❑ ❑ Regulatory Referrals 41. Site evaluation ❑ ❑ ® Referred to DWQ Date: 913I2003 42. Irrigation Calibration ❑ ❑ El Referred to NCDA Date: design/installation ❑ ❑ ❑ Other... 43. Irrigation system Date: 44. Secure irrigation information (maps, etc.) ❑ ❑ LIST IMPROVEMENTS 45. Operating improvements (pull signs, etc.) ❑ ❑ MADE BY OPERATION ❑ 46. Wettable Acre Determination 1 • Using new IRR 1 forms and keeping rainfall 47. Evaluate WAD certificationlrechecks ❑ ❑ 48. Crop evaluation/recommendations ❑ ❑ amounts. 2. 49. Drainage worklevaluation ❑ ❑ 50. Land shaping, subsoiling, aeration, etc. 51. Runoff control, stormwater diversion, etc. ❑ ❑ ❑ ❑ 3 52. Buffer improvements ❑ ❑ 53. Field measurements(GPS, surveying, etc.) ❑ ❑ 4. 54. Mortality BMPs ❑ ❑ 55. Waste operator education (NPDES) 5. 56. Operation & maintenance education ❑ ❑ 57. Record keeping education ❑ ❑ 6. 58. Cropfforage management education ❑ ❑ 59. Soil and/or waste sampling education ❑ ❑ 03/10/03 Facility Number 82 - 1 98 Date: 1 8/14/03 COMMENTS: samples: 2/24/03 -- 2.4 5/16/03 -- 2.2 /14. Over applied N on 2002/2003 oats as follows Pull Amount of N applied 1 68.21 2 77.29 3 69 4 76.3 5 64.17 Notice of referral to DWQ Over Applied Amount P.A.N. Rate 1811 50 27.29 50 19 50 26.3 50 14.17 50 18. Keep copy of waste analysis with farm records. Did not have waste sample on site for November 2002 pumping. 19. Keep all lagoon level records with paperwork. Freeboard records on farm go back to 4/7/03. 32. Be sure and use 50 pounds on nitrogen as P.A.N. rate for small grain over seed on IRR 2 forms. Recommend keeping )nly one IRR 2 form per crop season per pull. Reason over application occurred is because there were two IRR 2 forms for :ach pull for the oat crop. IRR 2 forms (and P.A.N. balances) should be kept based on crop year, not calendar year. 55. Be sure and keep crop yield records on bermuda and small grain hay starting with 2003 bermuda. Use new IRR 2 form or irrigation record keeping. Reminder: Take new waste sample soon for August pumping. Waste samples are good 60 days before and 60 days after late of sample. Follow lime recommendations on soil sample. Jewly sprigged bermuda field is coming along good. Hay is being cut now. Monitor weed pressure in this field and control 3s needed. TECHNICAL SPECIALIST jDanny Edwards SIGNATURE Date Entered: /2/03 Entered By: jDanny Edwards 3 03/10/03 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 20, 2001 CE TIFIED MAIL RETURN RECEIPT REQUESTED Mr, Frederick Butler 2162.Bovkin Bridge Road Clinton- NC 28328 Subject: NOTICE OF VIOLATION F & B Farms Facility No. 82 - 98 Permit No. AWS 820098 Sampson County Dear Mr. Butler: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph,D. Acting Director Division of Water Quality You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On August 20, 2 00 1, staff from the Fayetteville Regional Office of the Division of Water Quality conducted and inspection of the F & B farm located in Sampson County. The Division of Water Qualitv was notified by the Division of Soil and Water that an over -application of PAN had occurred on F & B Farm on May 14, 2001 and the follow-up inspection confirmed the violation. The reported over -application occurred on field 5-B in the amount of 20 pounds which is in excess of 10 percent on the small grain overseed with an application rate of 50 pounds. In addition, a small over -application occurred on field 7-B in the amount of 8 pounds. The owner/operator is required to notify the Regional Office in accordance with the General Permit condition 1II.6_f. which states: "Overapplying animal waste either in excess of the limits set out in the CAWM P or where runoff enters surface waters"_ The Division of Water Quality requests that the following items be addressed: 1. Notifv the Division of Water Quality of all future over -application as required by your General Permit. 2_ Maintain your irrigation records (IRR-2) forms by the crop and adhere to the application windows to prevent over -application issues. If you have a response to this Notice of Violation it should be received by this office on or before September 28, 2001. Failure to comply with the above conditions may result in the facility- losing its General Permit and being required to obtain an individual non discharge permit for the facility. Fayetleville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: ww.enr.state.nc.uslENR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Past Consumer Paper Mr. Frederick Butler Page 2 August 21. 2001 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation for an_v past or future violations. Furthermore; the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr -Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor RFH/ bh/ PER cc, Sonya Avant -Compliance Group Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh Curtis Barwick-Coharie Farms