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