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HomeMy WebLinkAbout090156_ENFORCEMENT_20171231Quality Farms P. O. Box 1416, Elizabethtown, N. C. 28337 RECEIVED February 16, 1998 Division of Water Quality NCDEHNR 225 GrcL.; Street, Suite 714 Fayetteville, N. C. 28301-5043 Subject: Response to Notice of Violation Administrative Code 15A NCAC 21-1_0217 Quality Swine Farm, Inc. 09-156 Bladen County Dear Sir: FEB ? 8 1998 F�Y�LLE On January 22, 1998, staff from the Fayetteville Regional Office of the DWQ was conducting a follow-up inspection of Quality Farms. The inspection revealed that no winter crop (small grain) had been established. The fields were saturated and Avater was standing in fields and ditches. The irrigation equipment was operating and animal waste was ponding in the spray field. Also, the lagoon did not have the required freeboard. Quality Farms was requested to address the following: 1. Immediately establish a suitable winter crop for waste application. 2. Lower the lagoon level to the required freeboard on a suitable waste application field when weather and soil moisture permit. 3. Contact a soil drainage expert to evaluate the soils in the spray fields to determine if the site will respond to drainage. The Following actions have been taken: 1. The winter crop (small grain) was never established due to wet soil conditions. By the time the soybeans were gathered the fields were to Division of Water Quality Page 2 February I6, 1998 saturated to work. This year we will have corn which will be harvested in September. This should allow us to work the fields before the wet weather comes. 2. The lagoon level will be lowered to the required freeboard as soon as weather and soil moisture permit. 3. Sam Warren (Bladen County NRCS) and I are working together to try and alleviate the soil wetness problem. Mr. Warren visited the farm on 6, February, 1998. 'vVe should have a plan in the immediate future. Thank you for your cooperation in this matter. Sincerely, Steven Tatum !WAYNE ACDEVI1. ` NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYE•iTrEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY January 29, 1998 CERTIFIED�VIAII. REQUESTED Mr. Steve Tatum P.O. Box 1416 Elizabethtown, NC 28337 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 Quality Swine Farm,Inc. 09-156 Bladen County Dear Mr. Tatum: 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 January 22, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a follow-up inspection of your swine farm located off Hwy 87 in Bladen County to comfirm that all prior deficiencies had been corrected. The inspection revealed that no winter crop (small grain) was established, the fields were saturated and water was standing in fields and ditches, the irrigation equipment was operating and animal waste was ponding in the spray field, and the lagoon did not have the required freeboard. The Division of Water Quality requests that the following items be addressed: 1. Immediately establish a suitable winter crop for waste application. 225 GREEN STREET, SUITE 714, FAY ETTEV I LL E, NORTH CAROLINA 2B301-5043 PHONE 91 O-4B6-1541 FA% 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Steve Tatum Page 2 January 29, 1998 2. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather and soil moisture permits. 3. Contact a soil drainage expert to evaluate the soils in the spray fields to determine if the site will respond to drainage. Evaluate the drainage outlets to determine if adequate outlets are available and develop a drainage plan to alleviate the soil wetness problem. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. Please provide a written response to this office on or before February 15, 1998, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486- 1541. Sincerely, Kerr T. Stevens . Regional Supervisor cc: ,Sue:Homewood --Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh OF 1111A]'F Michael F, Easley, Governor �O� 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director D Division of Water Quality August 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Steve Tatum. PO Box 1416 Elizabethtown, NC 28337 Subject: Inadequate Freeboard No Further Action Quality Farms, Inc. 09-156 Bladen County Dear Mr. Tatum: Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the'inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to freeboard in the structural range. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. WDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled l 10% post -consumer paper http://h2o.enr.state.nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, G Paul E. Rawls Water Quality Regional Supervisor cc: FRO File: 09-156 Non -Discharge Compliance and Enforcement Unit DWQ Central Files rd RC-CEjvEO MURPHY JUL 291997 FAN ILY FARMS RAC,, O t-ICE TO: Robert Heath FROM: )ill Sanderson Date: July 28, 1997 have investigated the attached farms and they are not contract farms with Murphy Family Farms. If you have any questions feel free to give me a call at 800-311-9458 ext. 4416. State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Stevie Tatum P.O. Box 1416 Elizabethtown, NC 28337 Dear Mr. Tatum: X";WAj EDEHNR DIVISION OF WATER QUALITY July 21, 1997 SUBJECT: NOTICE OF DEFICIENCY Quality Swine Farm Registration No. 09-156 Bladen County On July 17, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Quality swine facility. it was observed that the waste application fields were not planted in the required crops as identified in the CAWMP. This situation requires that a new plan be issued by a technical specialist to meet aff new criteria in regard to waste management. You are requested to contact a technical specialist immediately to address possible crop options and immediately plant the required crop as identified in your new CAWW for waste application to prevent an emergency situation due to high freeboard. In addition, you are requested to address the following: 1. Consult with a technical specialist for assistance in record keeping in regard to waste application. 2. The lagoon dikes need planting of a cover grass in several areas to prevent erosion. 3. The minimum required freeboard is 19 inches. At the time of the inspection there was exactly 19 inches of freeboard in your lagoon. To prevent future violations you should immediately schedule to begin waste application as soon as practical. Please notify this office in writing on or before August 22, 1997 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovia Building, Suite 714, Fayetteville ���y- FAX 910-486-0707 North Carolina 28301-5043 �� C An Equal Opportunity Affirmative Action Employer Voice 910-486-15,41 50% recycled/ 10% post -consumer paper Page 2 Mr. Stevie Tatum July 21, 1997 If you have any questions concerning this matter, please ca11 Bob Heath or Ed Buchan, at (910) 486.1541. Sincerely, _ s�1 Robert F. Heath Emrironmental Specialist cc- Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS Kraig Westerbeck---Murphy-Farms• Fw:'[cl,ecchi3sj NC, Waste spill reported west of Elizabethtown Subject: Fw: [checchogs] NC, Waste spill reported west of Elizabethtown Date: Wed, 18 Apr 2001 17:42:08 -0400 From: "Karen Priest" <klpriest@intrstar.net> To: <paul.rawls@ncmail.net> -----Original Message ----- From: U.S.Hog <U.S.Hog@worldnet.att.net> To: The checchogs mailing list <checchogs(cD-lists_erv.unc.edu> Date: Tuesday, April 17, 2001 10:15 PM Subject: [checchogs] NC, Waste spill reported west of Elizabethtown NC, Bladen Journal http://www.zwire.com/site/news.efm?newsid=1686179&BRD=1118&PAG=461&dept id=92165&rfi=( Waste spill reported west of Elizabethtown By Jack McDuffie, Staff Writer ApdI 17, 2001 A hog farm west of Elizabethtown, Quality Farm facility number 09-156, had a discharge of approximately 15,000 gallons of hog waste into an unnamed tributary of Brown's Creek in late March. The farm is located off N.C. 87, about three miles west of Elizabethtown. I of 2 4/19/2001 8:17 AM Fw:'[checchiVgs] NC, Waste spill reported west of Elizabethtown According to Division of Water Quality (DWQ) field representative John Hasty, the spill was detected by himself and a co-worker making a routine visit to the facility to check the lagoon level. "We noticed that waste water had pooled in the field and was running into a ditch that drained into a local branch," said Hasty. 'This (the day of the discovery) was Friday, the event happened on Wednesday of that week." Hasty says that he and his co-worker took samples of the water running into the ditch and determined that the samples contained elevated levels of fecal coliform, a good indication that animal waste had run into the stream. Hasty says that a farm employee was notified of the discovery' but was not in charge of operating the spray field equipment. The DWQ representatives contacted the farm owner, Steve Tatum of Elizabethtown, the following day. Hasty says Tatum stated that the spill occurred when the farm was doing routine spraying in the another spray field and the operator was unaware that the valve and not been cut off to the spray equipment in a back field. As a result, the operator was unaware of the spraying in that location for about four hours. The equipment was cut off when the spill was noticed, Hasty says. Hasty says it was impossible to determine exactly how much wastewater spilled into the ditch; however, estimates are that about 15,000 gallons may have spilled into the ditch. Notification of the spill was released by the owner in accordance with the provisions of General Statute 143.215C, Article 21. Hasty says the enforcement package on the spill has been forwarded to DWQ to determine if penalties will be assessed. Penalties for wastewater discharge are assessed by DWQ Director Tommy Stephens. Attempts to contact Tatum regarding the spill have been unsuccessful as of press time. You are currently subscribed to checchogs as: klpriest@intrstar.net To unsubscribe send a blank email to leave-checchogs-36089M@listserv.unc.edu 2 of 4/19/2001 8:17 AM Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Steve Tatum, PO Box 1416 Elizabethtown, NC 28337 Subject: Inadequate Freeboard No Further Action Quality Farms, Inc. 09-156 Bladen County Dear Mr. Tatum: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the'inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to freeboard in the structural range. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. NCD€NR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enr,state.ne.us .r - Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910486-1541. Sincerely, G Paul E. Rawls Water Quality Regional Supervisor cc: FRO File: 09-156 Non -Discharge Compliance and Enforcement Unit DWQ Central Files FAYETTEVILLE DIVISION 817 Castle Hayne Street I Fayetteville, NC 28303 Phone (910) 864-1920 Fax (910) 864-8774 CHAIN OF CUSTODY RECORD PAGE OF LAENT NAME i ADDRESS: - Poll PROJECT 1 LOCATION: A s OF o 1 E s TYPE OF ANALYSIS PRESERVATION CODE (�� V CODE: 8 - HNO3(ph<2? + -WC E = ZN Acetals + <4'C n CONTACT PERSON: rNaNa _ .S MPIEP-���' (• r \ DATE f METHOD Of SHIPMENT: LAS 10 # SAMPLE TYPE DATE TIME COMP GRAS as TEr Ic fdm w L& 3�� /r�,.� 3 z.�/mil r, ; �v ✓ C , c. �,. J. 27rD/ rwc�07s - •t z3L� Hinquiahed W. ISignature) Dale Time Retei try:(SI nature) Date Time_ dinqutshed by ISignature) Dee. Time Reterved try 3lgnature) Date rime 3 4 siinquished by: (Signature) Date Time Received Wf. ISIgnature) Date Time 5 6 rhngwshee by. ISipnetnrel bite rime Received by' (Signature) Date rime 7 8 Cbmments or Special Hazards: } ; PM CLIENT: NC DENR DWQ MICROSAC-FAY DIV FAX•9108648774 @ Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE HAYNE STREET FAYETTEVILLE, NC 28303 (910) 064--1920 / (910) 864-8774 (F Ywww.microbacxom ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. B. Heath ACCOUNT NUMBER: 4KNO03 SAMPLE ID: 1. Upstream - ID 401WU32076 2. Canal -- #01WE32077 3- Source -- #01WE32078 4. Discharge Point - ID #01WE32079 PAGE 2 DATE REC'D: 03/Z3/01 SAMLED: 03/23/01 SAMPLED BY: B. Heath DELIVERED BY: B. Heath SAMPLR ODDS: i+d, Stream, Grahf[�� REFERENCE: Quality Farm 3. ,I�;., DATA "VIEWED BY: DATE REPORTED: 03/30/01 **4*i*stia;*t+i+iift********4********+iti++**ini+iii*******f*A ANALYSIS i' SOD 1 2 3� + + i * i t + + i t + # i t # f + t i i 4 + + + * + i + # + t * ! # * i r * * * * �' ! ! * i i i i ! * i • ! !* i• * ! ! W i * i * + + + * f f # # S * i * + + * ! # + + • i f + BOD (mg/L) EPA 405.1 3.48 15.0 432 308 COLIFORM, FECAL (per 100 MI) SM18 9222D 210 1182 f 7dik('. 56000 NITR}1TE (mg/L) EPA 353.3 3.22 1.93 <1.0'= <1.0 NITROGEN, A11MRIA (mg/L) EPA 350.2 0-84 14.43 303.67 173-69 CATS: < = Less than PAGB 1 OF 1 The date and other information Lonwined an thin, and other Omompanying documents, represent only the sample(s) analyzed and is rendered vpon duo condid9n that it is not to be reQroduced wholly or in port !or adveMsing or oMer PurpOM wrlhoul written BP=vat from the Iabonotory. USDA-EPA-NIOSH ToWng Food SenhoWn Consu3ting Chemical and Mir rwOnJ Atik-- - -4 ck---- �.eds.en rid ra cMyr. 0 Microbac Laboratories, .hic. FAYETTEVILLE DIVISION 817 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) hl tp:Hwwl,v.rn icrc7hac.com NC DENR - DWQ Attn. Mr. Paul Rawls Wachovia Building, Suite 714 Fayetteville, NC 28301 26 ..30 Aays - 3%31/200I1. INVOICE No. #28397 Analysis on waste water samples - Quality Farms 4 BOD $32.40 teach '$129.60' ' 4 Coliform, Fecal (After hr9) $46.80 ,A. -each., 4 Nitrate 32,.40 /reach,; ,$129.-.60' 4 Nitrogen; Ammonia 00 /=leach 5108:°00 r { 2 Technician Time ,$27 525.00 !'hour.= $5.000 .I /E- APR 10 2001 .:1F,ild11, Hill ti7lck()III 101.0G.Y 1010:.) SAl '"VY CONSMI1*1R PROiXA_ %\?A 3 � ,'{ • riff{ . W S FL. • !'t,/��1.� • �I �i�l�i1'l tV �_ C': �� �l\�rV L�) ' �� UTRA ��{„t.a. �I l�y/E�.7 SEE- TERMS & CONDITIONS ON REVERSE SIDE 1 910 862 7026 P.02 Quality Fauns F.O. Box 1416 Elizabethtown, NC 28337 April 2, 2001 ATTN: Bob Heath Division of Water Quality 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr. Heath, To comply with the statutes of the general permit, I fun writing to inform you of the events during the week beginning March 19, 2001. At Quality Fauns on Monday roorning the pits were pulled on four of the houses which resulted in a 3 inch rise in the lagoon level_ The lagoon level at Quality Farms was measured and documented by my service manager later to be 19.5 inches (19 inches being the top of the first teed pipe)_ The recycle p cps %%mold take all night to refill the pits, but when full, the lagoon level would have been app�oe.►A3V s. The rain that came Monday and Tuesday measured at the farm was 1.5 to 1.75 inches. _X& lagoon was not in the freeboard at any time that I am aware of If it had den, I wauld'Jwc contacted DWQ as required by the general permit. On Monday, I instructed my farm manager to move one of the reels to the back side of the farm so that I could irrigate at a later time when this area dried out which he did. On Wednesday, I irrigated with the other reel in the front field and did not observe any problem of ponding or run-off. On Friday, my farm manager called and stated that DWQ inspectors had visited the farts and found ponding and run-off in the back field_ I told my manager that I had not been irrigating in the back field. I did not know until then that the valve to the back field which I keep closed when i irrigate the front fields had been opened by my farm manager earlier in the week. The irrigation I conducted was at right and I checked on the reel several tin=-' t I'ltad-no=idea that the reel at the back of the farm was running. I realize that I made a mistake in not doubW checking that valve, but the ponding and run-off which occurred was not &tentmnal. I.wiifi in the future make certain the appropriate valves are off and only irrigate at night when ali§o164 y necessary, - I have worked diligently to manage this farm in the best way possible and I sinmely regret this problem occurred. Please contact me if you need any additional information. Sincerely, Steven W. Tatum. uo.iw dbZD0Jd ATTN_ Paul Rawls Division of Water Quality 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr. Rawls, QUALITYAUTOPARTS Quality Farms P.O. Box 1416 Elizabethtown, NC 28337 May 2, 2001 PAGE 01 This letter is in response to the Notice of Violation/Notice of intern issued to Quality Farms (FN 09-156) on April 18, 2001. Enclosed are the documents you requested in your letter. In addition, the items you asked to be addressed on this farm have or are being evaluated. As stated in my previous letter to you, the irrigation conducted in the back field was unintentional. The valve to this part of the irrigation system was open when it should not have been. I normally take much more care 'n the operation of the irrigation system, but during this period, my wife was experiencing difficulties with her pregnancy and had been on bed rest for several weeks. I realize that this does not absolve me from my responsibMes, however, the extenuating circumstances during that ,period definitely had an impact on the performance of every daily task. I believe that the state inspection reports show that, with the exception of the heavy rain from EI Nino, this farm has been in compliance and managed very well. Therefore, I do not believe that enforcement action is necessary in this case. I have worked diligently to manage this farm in the best way possible and I sincerely regret this problem occurred but I do not feel enforcement action is justified. Please contact me if you need any additional information. Sincerely, Steven W. Tatum leis +,. • f i � 7S..+y"'--c.._ gam, - .. f . _ _• ._r, 1 � - r� 1 r .�_y '�.'`� ?�''•'r'''���"j��`y 'fit __ Y. 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Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Upstream - ID #01WU32076. 2_ Canal - #01WE32077 3. Source - #01WE32078 4. Discharge Point - ID #01WE32079 DATE REC'D: 03/23/01 SAMPLED: 03/23/01 SAMPLED BY: B. Heath DELIVERED BY: B. Heath SAMPLE CODE: WW, Stream, Grab REFERENCE: Quality Farms DATA REVIEWED BY: 24:�14 -/)'CU02� DATE REPORTED: 03/30/ ++++++++**********+*++++++++++++++++++******+++++++++++++++++++++++++++*++++++******++++++ ANALYSIS bOMOD 1 2 3 4 BOD (mg/L) EPA 405.1 3.48 15.8 432 308 COLIFORM, FECAL (per 100 ml) SM18 9222D 210 1182 70000 56000 NITRATE (mg/L) EPA 353.3 3.22 1.93 <1.0 <1.0 NITROGEN, AMMONIA (mg/L) EPA 350.2 0.84 14.43 303.67 173.69 CB-fr OR 10 2ooi COKO NTS: < = Less than PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the MEMBER sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in pert for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research North Carolina Department of Environment and Natural Resources A74JLA Division of Water Quality� Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director April 18, 20001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Steve Tatum PO Box 1416 Elizabethtown, NC 28337 SUBJECT: Notice of Violation/Noticeof Intent Quality Swine Farm, Inc. Facility No. 09-156 Permit No. AWS090156 Bladen County Dear Mr. Tatum: 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 March 23, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted a follow-up inspection of your swine farm (Iocated off Highway 87 in Bladen County) to confirm that the high lagoon freeboard observed on March 19, 2001 had been corrected. The inspection revealed that the irrigation reel and gun had been relocated to a waste application which is typically wet and had a poor winter crop (small grain) established. The field was saturated and water was standing in the fields and ditches. The irrigation equipment had been operating since the previous inspection and animal waste was ponding in the spray field and running into the adjacent ditch; however, the lagoon did have the required freeboard. The irrigation event was reported to have occurred on March 21, 2001, Wednesday evening, approximately 40 hours prior to the discovery by DWQ inspectors and immediately after a two (2) inch rainfall event that occurred Monday evening through Wednesday morning of that week. In addition, the irrigation reel and spray gun were not properly set up and had the system been operational (engaged), wastewater would have been irrigated into the canal ditch for approximately two-thirds of the pull length. 225 GREEN STREET - SUITE 714 / SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 r-AX(910)486,0707WWWF-.t4R.STATF..NC.(JSIENRI AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-67.3-6748 Mr. Tatum April 18, 2001 Page 2 . The Division of Water Quality requests that the following items be addressed: Inspect, repair and maintain the irrigation equipment in the proper operation condition. Operate the irrigation equipment in accordance with design and the CAWMP. Irrigate on a suitable waste application field when weather and field conditions permit. 3. Contact a soil drainage expert to evaluate the soils in the spray fields to determine if the site will respond to drainage. Evaluate the drainage outlets to determine if adequate outlets are available and develop a drainage plan to alleviate the soil wetness problem. 4. Plant and maintain the required buffers between the waste application fields and the canal ditches. Submit a copy of freeboard records from January 1, 2000 to present. 6. Submit a copy of the irrigation records from January 1, 2000 to present. Failure to comply with the above conditions may result in the facility's General Permit being revoked 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 considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation 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 response should be received by this office on or before May 3. 2001. Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Mr. Tatum April 18, 2001 Page 3 If you ave any questions concerning this matter, please do not hesitate to contact either Mr. Bob Heath, Environmental Specialist, or me at 910-486-1541. Sincere(] , y aul E. Rawls Water Quality Regional Supervisor RFH: PER/bs cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. MRCS Trent Allen - DSWC, Fayetteville Office Kevin Weston - Brown's of Carolina Central Files- Raleigh 08/19/97 16:17 $ 919 862 2571 P.01 T' NUICHMR morn •(Du -A [, =4-r�tZm S RECEIVED AUG 19 1991 REG.OFFICE 'T�-re'L- c", r:� 08z19/97 16:18 a 919 862 2571 P.02 Quality Farms P.O. Box 1416 Elizabethtown, N.C. 28337 Dear NCDEHNR, On July 17, 1997, DWQ inspected Quality Famu in Elizabethtown. It was obm vW that the waste application fields were not planted in the required crops as identified In the CA%VW. In addition, Quality Farms vas requested to address the following: 1. Consult with a technical specialist for assistance in record keeping in regard to waste application. 2. The lagoon dikes need planting of a cover grass in several areas to prevent erosion. 3. At time of inspection there was exactly 19 inches of freeboard. The following actions have been taken to resolve these deficiencies: 1. On August 5, 1997, Technical Specialist Jimmy R. Vinson with Brown's of Carolina, issued a CAWW. This plan addresses the crops being grown at the present time. 2. In regards to record keeping of waste application, there are complete records on file of all applications. These records were not present at the time of inspection due to a conflict in time with the "operator in charge". He was out of town at the time, therefore, I was unable to produce records. 3. The lagoon dikes had several areas of bare ground. These areas have been fertilized and reseeded. Most areas now have a good stand of grass. The very small bare spots are still being worked and will continue to be worked until all areas are covered. This process is time consuming due to the amount of clay in the dikes. 4. The lagoon level at the time of inspection was 19 inches, This level was high due to the fact that we, had no irrigation pipe in the fields. However, since the inspection we have installed 3500 feet of pipe and pumped whenever practical. The lagoon level is now about 28 inches, Thanks for your cooperation in this matter. Respectfully, Steven Tatum State of Noah Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary Mr. Stevie Tatum P.O. Box 1416 Elizabethtown, NC 28337 Dear W. Tatum: jalaA0 1T?MA1 4 00 [DEHNR DIVISION OF WATER QUALITY July 21, 1997 SUBJECT: NOTICE OF DEFICIENCY Quality Swine Farm Registration No. 09-156 Bladen County On July 17, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Quality swine facility. It was observed that the waste application fields were not planted in the required crops as identified in the CAWNIp. This situation requires that a new plan be issued by a technical specialist to meet all new criteria in regard to waste management. You are requested to contact a technical specialist immediately to address possible crop options and immediately plant the required crop as identified in your new CAWMP for waste application to prevent an emergency situation due to high freeboard. In addition, you are requested to address the following: 1. Consult with a technical specialist for assistance in record keeping in regard to waste application. 2. The lagoon dikes need planting of a cover grass in several areas to prevent erosion. 3. The minimum required freeboard is 19 inches. At the time of the inspection there was exactly 19 inches of freeboard in your lagoon. To prevent future violations you should immediately schedule to begin waste application as soon as practical. Please notify this office in writing on or before August 22, 1997 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovia Building. Suite 714, Fayetteville w,FAX 910-486-0707 North Carolina 28301-5043 Nlt C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Page 2 Mr. Stevie Tatum July 21, 1997 If you have any questions concerning this matter, please call Bob Heath or Ed Buchan, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS Kraig Westerbeck - Murphy Farms State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office .lames B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Stevie Tatum P.O. Box 1416 Elizabethtown, NC 28337 Dear Mr. Tatum: IDEHNR DIVISION OF WATER QUALITY July 21, 1997 SUBJECT: NOTICE OF DEFICIENCY Quality Swine Farm Registration No. 09-156 Bladen County On July 17, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Quality swine facility. It was observed that the waste application fields were not planted in the required crops as identified in the CAWMP. This situation requires that a new plan be issued by a technical specialist to meet all new criteria in regard to waste management. You are requested to contact a technical specialist immediately to address possible crop options and immediately plant the required crop as identified in your new CAWMP for waste application to prevent an emergency situation due to high freeboard. In addition, you are requested to address the following: 1. Consult with a technical specialist for assistance in record keeping in regard to waste application. 2. The lagoon dikes need planting of a cover grass in several areas to prevent erosion. 3. The minimum required freeboard is 19 inches. At the time of the inspection there was exactly 19 inches of freeboard in your lagoon. To prevent future violations you should immediately schedule to begin waste application as soon as practical. Please notify this office in writing on or before August 22, 1997 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovia Building, Suite 714, Fayetteville Nl%q wFAX 910-486-0707 043 North Carolina 28301-5C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Page 2 Mr. Stevie Tatum July 21, 1997 If you have any questions concerning this matter, please call Bob Heath or Ed Buchan, at (910) 486-1541. Sincerely, Aa-- T A Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. MRCS Kraig Westerbeck - Murphy Farms July 25, 2002 MR STEVE TATUM POST OFFICE BOX 1416 ELIZABETHTOWN NC 28337 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality ,? 4 .'302102 SUBJECT: Acknowledgment Receipt Letter File No. DV 01-020 Farm # 9-156 Johnston County Dear Mr. Tatum: This letter is to acknowledge receipt of your check # 1952 in the amount of $6,044.80 received from Quality Farms. This payment satisfies in full the civil assessment in the amount of $6,044.80 levied against Quality Farms, and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call Steve Lewis at (919) 733-5093 ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Fayetteville Regional Office EnforcemenUCompliance Files # PC 01-020 Central Files Customer Service: Mailing Address: Telephone (919) 733-5053 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/Affimmative Action Employer 50 % recycled/ iD% post -consumer paper h tip J/h2o. enr. sta te. nc. us ,NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 i Case Number i Perna '' Central Office Contact �'iol�t€tit- � pl'141�t3'��'V��►�ilE.`31��oAnw�1��]►oi =- ---'• — - C o:.._.►tt1 ' I'-j®�1a]► " 0 �' , ---M-=e3ic7t1 _ • ; Pertnti tee � :�Saittt��Eii)n fit i_e€tc r G�nerai=�nT - — - ,ontact -_ R�nt5toll R u I Lei 4111 - F ' Tom • -sr 1.it54..'i't;:[�k4 . r ..-z_.z"' _ Comments f' - 17 State of North Carolina Department of Environment and Natural Resources Division of Water Quality MAY 2 2 2002 • i ��WL Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Mr. Steve Tatum Post Office Box 1416 Elizabethtown, NC 28337 Dear Mr. Tatum: 14CDENR NORTH CAROUNA DEPARTMENT OF ENMRONMENT AND NRTLIRAL RE5ouRCEs May 20, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm # 9-156 Bladen County File No. DV 01-020 This letter transmits notice of a civil penalty assessed against Quality Farms in the . amount of $6,044.80 which includes S1,044.80 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.t Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). :flailing Address: Telephone (9I9) 733-5083 I617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Air Equal Opportunhy l Affirmarive Action Employer 50% recycled / 10% post -consumer paper http://h2o-enr.state. nc. its Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 16I7 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 roust be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K'. 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 Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within ±ja 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. Sincerel , Dennis R. Ramsey, P.E. Assistant Chief Non -Discharge Branch �e ATTACHMENTS cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments Bob Heath, FRO w/ attachments File # DV 01-020 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments B. An unnamed tributary to Browns Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143- 215.1. D. Mr. Tatum may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Tatum pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Assistant Chief of the Non -Discharge Branch of the Water Quality Section, 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: DECISION: Accordingly, Mr. Tatum is hereby assessed a civil penalty of: $ S 700 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 1.044,80 Enforcement costs $ 14 o 5d 504 kU TOTAL AMOUNNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforWnent procedures. ,S'-er-0Z (Date) Dennis R. Ramsey, P.E. Assistant Chief Non -Discharge Branch Water Quality Section Division of Water Quality State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Mr. Steve Tatum Post Office Box 1416 Elizabethtown, NC 28337 SUBJECT Dear Mr. Tatum: NCDENR NORTH CAROLlHA DEPARTmewr OF EWRONMEM AHD NATURAL RESOURCES May 20, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm # 9-156 Bladen County File No. DV 01-020 This letter transmits notice of a civil penalty assessed against Quality Farms in the . amount of $6,044.80 which includes S1,044.80 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1 _ Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 37699-1617 State Courier #52-0I-01 An Equal Opportunih'/.4ffirmatire.4ction Employer 50% recycled / 10% post -consumer paper hrrp: //h2o. enr. sta te, ne- its Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please submit payment to the attention of. Mr_ Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute_ You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of. Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: f, Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within IhLrU 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. Sincere] , Dennis R. Ramsey, P.E. Assistant Chief. Non -Discharge Branch ATTACHIMENTS cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments Bob Heath, FRO w/ attachments File # DV 01-020 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments B. An unnamed tributary to Browns Creek constitutes waters of the State within the meaning of G.S. 143-2I5.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G-S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Mr. Tatum may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a pen -nit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Tatum pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Assistant Chief of the Non -Discharge Branch of the Water Quality Section, 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: DECISION: Accordingly, Mr. Tatum is hereby assessed a civil penalty of: $ s� D Uy for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ 1.044.80 Enforcement costs s. O F 14. kU TOTAL AMOUNT DUE IF As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.I(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation: (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; t; d (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 Conunission has regulatory authority; (8) The cost to the State of the enforWnent procedures. .S- ?f d 2 (Date) Dennis R. Ramsey, P.E. Assistant Chief Non -Discharge Branch Water Quality Section Division of Water Quality DIVISION OF WATER QUALITY August 30, 2001 MEMORANDUM TO: Jeff Poupart Non -Discharge Compliance THRU: Paul Rawl Water Quai Regional Supervisor Fayetteville Regional Office FROM: Robert F. Heath gal Environmental Specialist II Fayetteville Regional Office SUBJECT: Enforcement Package Quality Farm Facility No. 09-156 Bladen County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details, please contact me. RHlbs STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN IN THE MATTER OF } Mr. Steven Wayne Tatum Quality Swine Farm FOR VIOLATIONS OF PERMIT } 15A NCAC 2H .0217 ) File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Gregory J. Thorpe, Ph.D., Acting Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Steve Tatum operates a concentrated animal operation in Bladen County. B. The Quality Farm, Inc. was permitted as a nondischarge facility on September 9, 1997, in accordance with 15A NCAC 2H .0217. C. On March 23, 200I, DWQ staff observed a discharge of wastewater by the Quality Farm, Inc. from associated spray fields to Browns Creek, which are Class C waters of the State within the Cape Fear River Basin. D. The Quality Farm, Inc. had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $ 1044.80. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Steven Wayne Tatum is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. The Browns Creek constitutes waters of the State within the meaning of G.S.143-215.1 pursuant to G.S.143-212(6). D. The above -cited discharge is a violation of the nondischarge permit. E. Steven Wayne Tatum may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty live thousand dollars ($25,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-21.5.1. F. The State's enforcement costs in this matter may be assessed against Steven Wayne Tatum pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S.143-215.6A(h), has the authority to assess civil penalties in this matter. 0 1 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Steven Wayne Tatum is hereby assessed a civil penalty of: it for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. $ 1,044.80 TOTAL CIVIL PENALTY $ Enforcement costs $ TOTAL AMOUNT DUE As required by G.S.143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection(s): March 23, 2001 2_ Regional Office: Fayetteville -Water Quality Section 3. Name of Owner Of Property: Steven W. Tatum (Copy of Deed attached) 4. Name of Operator: Mr. Steven W . Tatum 5. Address: P.O. Box 1416 EIizabethtown, NC 28337 6. Phone Number: (910) 862-2571 7. Description of Facility Location, Map excerpt attached. Travel from Fayetteville on Highway 87 South thru Dublin and approximately one mile beyond the intersection with Highway 41 the facility is located approximately on the right.. 8. Date this facility began operation: The farm has been in full operation since_1995, 9. Date of last expansion: Not Applicable 10. Has the facility registered with DWQ? YES X NO_ If yes, date of registration 11/24/93 11. Does the facility have an approved Animal Waste Management Plan YES X NO_ Is one required? YES X NO_ Date Approved: May 13, 1995 12. Has this facility received a CAFO Designation? YES— NO X If yes, date issued: Page 2. 13. Type of Operation: Swine. Feeder to Finish 14. Number and type of livestock: The facility is designed and permitted for 5600 hogs per. Uple- 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, the farm was designed to have approximately 53.$ acres of land on_which to apply waste. The certified waste management plan calls for a combination of soybeans and wheat in the winter months. At the time of the inspection some portions of the spray fields had _a wheat crop. 17. Type of Waste Management System: Swine are kept in total confinement free stall barns with slotted floors over flushing_pits. Waste is flushed as needed from floor pits into the waste lagoon system. The lagoon system is composed of one (1Lagoon from which waste can be pumped to the application fields via a mobile reel and spray aun system_ 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: It was noted that MJKS Swine Farm is located off SR1003 apnroximately 1/2 miles West of the Ouality Farm.Inc. facility. This facility avnlies waste on different fields. although it is downstream from the OualiIY Farm. Inc. facilityapplication site. The MJKS swine facility was not appling waste on the date of the investigation. 19. Proximity of facility to neighboring houses, wells, etc.: It was noted that several residences are located approximately 750 feet from the north and east portion of the waste application fields. 20. Approximate depth of ground water table in the area of the facility or discharge: unknown 21. Proximity of facility to surface waters: Facility (edge of lagoons) is located approximately 50 feet from a manmade ditch flowing to surface waters. In addition, the facility is located in Sheriff White Bay which is possibly_a converted wetland. 22. Animal waste discharged. Swine Witnesses: John Hash. DWO-WO_Fayetteville Regional Office (910) 486-1541. Robert Heath, DWO-WQ Fayetteville Regional Office (910) 486-1541. Page 3. 23. Are pollutants discharged in the waters of the State? YES If so, how? On March 19, 2001, John HastL_and Bob Heath inspected the Quality Farm. Inc., lagoon to verify that a safe level existed due to the recent rains and at the time of the inspection the lagoon level was _determined to be at approximately_18.5 inches. After several inches of rain was reported on March 20 - March 22, 2001 John Hasty and Bob Heath reinspected the lagoon level on March_23, 2001 since _the _owner had not reported the high lagoon level. Upon arriving at the facility the -lagoon level_ was determined to have been lowered approximately 2_ inches and now had 21 inches of freeboard. Inspection of the waste application fields adjacent to the lagoon were conducted after observing a irrigation reel and gun had been relocated since the previous inspection on March 19, 2001. The inspection of this waste application field was conducted and wastewater was observed ponded across the entire field. Further inspection identified wastewater discharging into the canal ditch adjacent to the field and running into a channelized creek (an unnamed tributary) and leaving the property. An inspection of the irrigation equipment was conducted and the gun cart was observed to have two (2) tires off the rims and the front (steering wheel was buried in the mud. Mr. Tatum was contacted to determine when the irrigation event had occurred and he stated that the system was started on Wednesday, March 21 at approximately 5:00 PM and it should be noted that the discovery of the discharge was not identified for _40 hours subsequent b,Y DWQ personnel. (See attached photos). 24. Do or have discharges occurred in response to a storm event less severe than the 25- year,24 hour storm? Yes, The facility reported applying waste on March 21, 2001 which resulted in over -application and nonding in the. field. On March 19, 2001 inslectors conducted an inspection of the farm lagoon_ freeboard. and observed_ the level at approximately 18.5 inches. The inspectors returned on March 23 2001 to verify that the lagoon level was within the required freeboard and observed the lagoon had 19 inches of freeboard after Qproximately 2 inches of rainfall. An inspection of the waste aRI21ication field adjacent to the lagoon where an irrigation reel had been located subsequent to the March 19 2001 inspection revealed that wastewater was ponded throughout the field and run-off was occurrina into an untributar canal ditch). 25. What is the degree and extent of harm to the natural resources of the State, to public health,or to private property resulting from the violation? The discharge has caused the introduction of nurrients into the receiving surface waters that will cause or add to the possibility of algal blooms and accelerated eutrophication of the slow moving waters of the receiving stream. Also, samples taken indicateelevated fecal coliform levels downstream of the facility. Page 4. Sample results: Sample Location.(3/23/01) 1. Source- ID#01, E32078 2. U_pstream= lD#01 WE32078 3. Canal - I13#01 WE32077 4. Discharge Point-ID#01WE32079 Coliform, Fecal BOD Nitrate Ammonia 70,000 432 C 1.0 303.67 210 3.48 3.22 .84 1182 15.8 1.93 14.43 56000 308 c 1 173.69 ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** There are no known public health issues at this time. Waste discharges of this nature max, based on comments from Dr. M.A. Mixson, North Carolina Department of Agriculture, Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation?: As mentioned previously, the system was placed in the field after a two (2) inch rainfall event and was not prop erly positioned and the motor designed to retrieve the gun_ cart was not startedAsee_attached photo). Consequently, run-off probably occurred almost immediately due to the saturated condition of the field and the poor maintenance condition of the equipment_Based on this information and the fact that the DWQ did not identify the problem until approximately 40 hours after the irritation event, it can be surmised that waste had probably-heen_dischgU:Jng for 40 hours. 27. Water Quality Assessment: At the time of the inspection, the discharge flow was minimal at the points it reached the channelized creek to Browns Creek, making up an estimated 10 % of the total flow in the creek. 28. What is the cost of rectifying the damage?: The writer observed no areas that cleanup activities would be recommended. There has been no report of downstream impacts outside the area of the investigation. 29. What is the amount of money saved by noncompliance?: Based on observations made during the investigations, no cost was significantly decreased by over -applying the waste. Although, if enough waste was over -applied, it may by ave allowed for fewer spraying_events in the future and therefore less man hours consumed. Page 5. 30. Was the violation committed willfully or intentionally?: YES— NO X Explain: Although it does seem that the irrigation equipment operator should not have been irrigating on any of the waste application fields on this _farm immediately after a_ rainfall event, and should have been aware of where he was irrigating in the dark there is no_proof that this discharge was intentional. 31, What is the prior record of the violator in complying or failing to comply with programs ove r which Environmental Management Commission has regulatory authority? NOD: July 21, 1997, lagoon dikes needing_a cover grass and need to maintain a freeboard of 19 inches or greater continuously. NOV: January 29 1998 no cover crop established and lagoon freeboard less than the required 19 inches, and contact a drainage expert to alleviate the soil wetness condition. Cam liance Inspection 4 Jeffrey Brown: June 9 1999 establish a suitable grass cover on lagoon dikes wastewater l2onded in waste aPplication fieid,and waste applied outside the application windows NOD: March 17, 2000, failure to maintain the required lagoon freeboard. NOV: April 18, 2001, inspect, repair, and maintain the irrigation equipment and operate in accordance with the CAWMP, irrigate on a suitable waste application when conditions allow, contact a soil drainage expert for assistance in alleviation of the soil wetness_ condition, plant and maintain the required buffers adjacent to the canal. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.21 Mileage: $0.23 per mile for 100 miles: $ 23.00 Fecal Coliform ($46.80 per sample) * 4: $ 187.20 BOD (32.40)*4 $ 129.60 Nitrate (32.40)*4 $ 129.60 Nitrogen, Ammonia (27.00)*4 $ 108.00 Technician Time(25.00/hr)*2 $ 50.00 Total 633.51 Robert Heath @ $ 20.011hr 1.5 hours - Drive Time 1.5 hours - Investigation 8 hours - Report Development hours 11 total 220.11 Page 6. John Hasty @ $ 19.77/hr 1.5 hours - Drive Time 1.5 hours - Investigation hours 3 total 59.31 Paul Rawls Q $ /hr hours -1 total $ 31.87 Kerr T. Stevens - 1 hour (Supervisory Review) $ 35.05 Central Office Review $ 100.00 Total: $ 1044.80 33. Type or general nature of business: Swine. Feeder to Finish 34. What is the violator's degree of cooperation or recalcitrance: Mr. Tatum has complied with the notification requirements. of Public Notice and the five day report. Due to the findings by the DWQ_it would appear that Mr. Tatum should have identified the problem with the irrigation event if he had inspected the operation in accordance with the Operator in Charge requirements. The inspectors feel that Mr. Tatum should have been aware of the irrigation event on the field in question since the pump and reel were in close roximi . The inspectors saw no evidence Ihat thg other irrigation reel had been moved since the previou5 ins ection on March 19 2001. In addition the reel and grun cart had not been positioned in accordance with the irrigation design and due, to the disrepair of the gun cart the reel would not have functioned (traveled) if activated.„ The inspectors determined from their inspection that this was an intentional act to Iower_ the lagoon to prevent a high freeboard violation and Mr. Tatum was not anticipating the DWO to reinspect the facility_ 35. Are there any Mitigating Circumstances?: NO 36. Assessment Factors: a. IWC : Visually Estimated at 1 9�t the confluence point between ditches draining waste from the spray site and Browns Creek. b. Receiving Stream: Browns Creek, Class "C Waters c. Damage Yes _ No X (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. Page 7. 37 Include a copy of any Designation letter signed by Director. 38. Recommendations Made to Owner/Operator: 1- Immediately cease pumping waste on to the fields. 2- Take immediate action to prevent any future discharge of waste. 3- Contact NRCS to obtain technical assistance if necessary. 39. Recommendations for further DWQ Action: - Notice of Violation (Forwarded April 18, 2001I - Enforcement Action - Reinspection 40. Other Comments: In summary, it is the opinion of this writer that the discharge of waste was not accidental due to the positioning disrepair, and operation of the sprU gun and the close proximity of the irrigation reel and irrigation pump that should have allowed the operator a view of the irrigation equipment as well as hearing the reel and ,gun operation. The recent rainfall event of approximately 1.75 inches reported by the owner of the facility is less than that reported by a neighboring swine farmer less than 1 mile away who reported 2.50 inches, however, the event occurred to within a few hours of the initiation of the irrigation_ event. The inspectors did not observe the other irrigation reel having been moved since the previous site visit of Monday March 19, 2001 which is the reported etc uipment intentional operated on March 21, 2001. �M f �+: i r �`•�5�+,:.r�" !:4 ''• s ,�,ty - .,.,i, — �~� 1 - � -��-•" S:-i�t �.S � i-� 7 Z�` .r ♦ ♦a ->c-'t yxr: _'-ems-' r f}_ Z} fd�--�a� l y �1 �-:C"yr✓- _ �,, �.>� •.- �y. �� yam''• ���_ :`_ Ar ie� -tom - •.,i'�,- .Yr : r ...-` 7_ �`jr„ _ •y `+s ��� � T `e } ' " - •, r yam-- - �ie� ,4,� ,�,sar.:x :� �, ,� -fir �r ���'t _ �,� '"�--r,� f: `' �'s.,� �af.�` � *� �'�• RECEIVINGs (NOTEr DISCHARGE POINT) ti� r ; �'�-�:r z 1 - -•" `47 �.'sT �f���-t.�-' �'� _-'.sksj�3 �-�-..y r.�a .r-.r w-� as - r T - S r � r'�...-. 'i'� �"r�.-r ''� K•z �y '-•� � ., rpr�~�: rrw►'� _ _ ri'-,.�Ta l�'Pr"o mat-► '�' �: .i� _Y Y"� , 1 • - ' .-�• _s - ; � t =5 -.. •Iu. _ •� � may. -.;_` _ =K �• 4 AT o. .. 'il--MI.a� �qr"1 Lam' t -�� ,� � r"�!► , -��'�'y ��. x .71 ;R"3� � R*�y7�r3 t,l ��r --.s�� tT ja•t« -��-- Ott_ ,�~{;,. -r ,,FJ, - _. fi."� 3,,,�+ Cis i ��� •�:� L,-a.^ ,4-}--.� � • ,'� Ste' F'��3" �+ �� •Jl '� t � R J � .w't �'J �•Y r "ZY -•���-,-��,Y-£"��y- ,5+.'r�> s .Y3-'�_ ..v ! - •"rs'.t � rTf lrh, pis�t-�.i�� � • � �T�s�-x / P3�r 1. ���+.�+'r�c?_ R...L � r c._. • _ ,+r _ . - it a - _ ' � J�.�' i��' .c 1.' �� �' t^�' _ �,;'1�' • %_�7• • `-��.' i_ --L�. 71 AR -5VE .� L i k 1qqG t j� - •�y.rt � `��v 4}Ali -.�`�r -t J 27 ,WL Y J S4 i �• r -t'raJ-try r�riF of, �• t7. ,10 RM '"Ma , - L +t��Ks ,f sx x r AT' ? V,2 �.' _ � 7. rIF f '•�P Xj ?I r -RAW r - s--�' y i`d^r ;fit �� PrF - •�� 4 L�??s'' .-,-.� �,.�M,y� - � ,F-c r`*' -3 � L -"�` _AW w - t�. •may- �'�SA'��r.«ti�.f: r.+�• �r'}��• .Y" 3 Y ��i�9r�•""�•F 91�� 'C"jL 1.2,'<YT ty - _�T - y# �, �� ,.� � ��_ •+r ,-s.�. r i ���g'K� ti.,,� '�sT?1C "�--� t x z ��-ts-�.a.rari� •a.r �,�.r-..•yPx�,��-3 r���` c .ilk � - � r �!�� Ywn `+t }����. �� $ s . ;� �� �...«3�-fir' ''- ,,��`-'"�. �`, "a'� �' • " -' t�� j \r n k F h � r �r� '" . L � �. � �" ,4 ' �� _� L � •f' L1��. tiiLi� ?,+"�s�a---�a ,,.+•. may ^ - "F•'�'y'�„ 4 rt !3- •►� 4K., '�'2• + f,� . �.�,fL'i :�,_l�f'~��i!?���=;�����..''i�'����b ...a��s�-�. alp n.�- � ��.�RY-.`�.'•Y"tx,�'s�' 06/27/01 WED 03:29 FAX 910 872 1096 ABC Florlst 9 001 Jun 26 01 02:21p �'• 2 og - /C Reason Ow Farms P_O. Box 2201 Elizabethtown, NC 25337 Jue 25, 2001 ATTN: Paul Rawls . Division of Water Quality 225 Cite= St, Suite 714 Fayetteville, NC 28301-5043 Dear W. Rawls, This letter is in response to the Notice of ViolatioWNota-z of IWee Issued to Reason One Farms (IN: D9-15) on Ju c 12, 2001, All the items you asked to be addressed in this letter have been or are in the process of being ad*,ssed. An inngation specialist has been contacted to repair the irrigation pipe ar the lagoon riser. This repair shouldbe completed this week. In addition, the small grain has been removed from the betmuda fields_ Areas that require rephatt>ing of bennuda should planned within the neau week. Reason Farms has been relying on custom hay cutters to rctnove all lay, however, this has not been done in a tbrAy manner. Therefore, I am in the process ofpt>ebasino the necessary equip=nt to insu,-e timely cutting and a good stand of betmmuda in the future. Reason Farms does not beSeve that en6orcerneat action is necessary is this skuatiom Efforts are cornhuially being made to improve the crop production on ibis farnn. 'Ile mreas of coastal that must be replanted are a result of Late cutting of small grain. This will not be a problem m the fimrre when the £trm owns bay equwamt and does not have to rely on coTURCtors_ I appreciate: your consideration !n. the Mier. If you require further bUbrmation, please contact me at (9Iri") 872-1009. Sincerely, Pa'a, a"j qA' Ray Reason, Jr. 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 June 26, 2001 Mr. Paul J.O' Reilly 4641 Montgomery Avenue Suite 300 Bethesda, Maryland 20814 SUBJECT: Operation Review Notice of Referral for The Hanover Farm, Facility Number 82-307 Sampson County Dear Mr. O'Reilly, IWA NCDEiTR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL ResouRCES JM 2 8 2001 1 DWQ On June 15, 2001, an operation review was conducted of The Hanover Farm, facility number 82-307, in Sampson County. This review, undertaken in accordance with G.S. t43-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2001. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted: • The wheat was still in the back spray field. The corn was never planted in accordance with the CAWMP. There is only a 500 pound deficit for this farm according to the waste plan, and therefore the corn crop is needed to meet nitrogen requirements. • The waste plan is written for Bermuda hay. The front bermuda spray field was being grazed during the operation review. • The nursery lagoon freeboard was 15 inches during the review. • The Bermuda spray fields beside the lagoons and hog houses have very weak stands of Bermuda. The soil sample results for these fields were calling for greater than 3 tons of lime. 225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Mr. Paul J. O'Reilly ,dune 26, 2001 Page 2 It was for these reasons 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 ownerloperator of these observed violations. 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. ALL 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, Trent Allen Environmental Engineer cc: Paul Rawls, Division of Water Quality Wilson Spencer, Sampson Soil & Water Conservation District Alfred Smith, Garland Farm Supply Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 91G-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer (Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 82 307 hate of Visit: 6-15-2001 'rime: 2:30 Printed on: 6/26/2001 Not Operational Q Below Threshold ® Permitted ® Certified [3 Conditionally Certified [3Registered Date Last Operated or Above Threshold:................ Farm Name: �lx�. ia�r>a�t<r.. air . ...................... Countv: 5.aw.sQA........................................... FkQ ............. Owner Name:. ............................... ........... Fhe.I azlQy�x S� i�l. ir�:ds............. Phone No:(3.0.1.)!.IS.j-Q80.Q.............................. ........ ........................... flailing address:..-RjjIb..E5th................................................................ l.9.0195la-MI). Z981.4 FacilityContact: l l(i.UM9.R M......... ..........................................Title:....................-.............- ........................... Phone No: ................................................... Onsite Representative: ................................................................................ Integrator: G.arjaj%d.FAr. R.Suppjy....................................... Certified Operator:Macy........................................ IY oore............................................... Operator Certification Num.ber:2,015.4 ............................. Location of Farm: East of Garland of Bulkeum Rd. (1138_ or exctly 5 miles West of Pelway NC and turn Rt. on Bulkcum Rd. (90) and go 0.5 arile and the farm is on the left. ® Swine ❑Poultry [I Cattle ❑ Horse Latitude 34 • 47 48 '° Longitude 78 • 17 z 48 r Design Current Swine C'anacity Pnnulatinn ® Wean to Feeder 1200 ® Feeder to Finish 1600 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population, ❑ Layer ❑ Dairy ❑ Non -Layer 101 Non -Dairy ❑ Other Total Design Capacity 2,800 Total SSLW 252,000 Number of Lagoons 1 Z ❑Subsurface Drains Present ❑ Lagoon Area ❑Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, Nvhat is the estimated flow in gallrnin? d. Does discharge bypass a lagoon systent? (If yes, notify DWQ) 2. is there evidence of past discharge from any part of the operation? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No n/a ❑ Yes ® No ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: .... ....... 17...nui_.......... .22.... fin, ......... . Freeboard (inches): 15 19 05103101 Continued Facility Number: 82-3t17 Date of Inspection 6715-2001 Printed o». 6/26/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? S. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ® Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No 12. Crop type Coastal Bermuda (Hay) Small Grain Overseed Corn, Soybeans, Wheat Winter Annuals 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15, Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management PIan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. i'..��. � -'+M ya-.�n Tr, "✓!�'- �4-Ill'. ..5� 'V�Y' .� -.L'' ;"�• Comments (re[er to question #) 'Eiplain.anv`YES,answers and/ any recortunenda_ttons oijany other commenfs y a Use drawings of facility to _betteregpla�ia situattons\ (nee additional pages as necessary} ❑ pield Copy ❑Final Notes - The nursery lagoon marker is reading 17 inches. The actual freeboard is only 15 inches. The marker is set to the lowest spot on the agoon wall, but the identifier arm is set to high giving a false reading. Need to replace both markers. The finishing lagoon marker is the ame way. 7- Need to cut the walls of both lagoons down to the toe of the slope and keep them maintained. 15- The bermuda fields around the lagoon and beside the hog houses have a very weak stand. The soil samples results are calling for some fields greater than 3 tons of lime. Apply the lime and monitor the stand and resprig as necessary. DWQ will be informed of the Reviewer/Inspector Name 'Trent Allen Reviewer/Inspector Signature: Date: O5103101 Continued Faci ity Number: 81-307 Date of Inspection 6-15-244I Printed on: 6/26/2001 Odor Issues 26_ Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No 11- There was some waste ponding in the bermuda spray field beside the hog houses and lagoons. The irrigation gun was set up in this pull lane. 1 18- A new waste plan has been written based on wetted acres. The map that goes with this waste plan needs to be put in the farm 119- Make sure your Irr-2 forms match the new waste plan acres and loading rates. Need to notify DWQ in the future when the freeboard bets into the red zone. A follow up will take place within 30 days to c the freeboard levels. 5-The small grain was cut from the bermuda fields, but never removed. The wheat is still in the back spray field. Corn was never lanted in this field. This farm only has a 500 lbs. deficit. The waste plan is written for bermuda hay. The front Bermuda spray field gas being grazed. Mr. Moore said he would remove the cattle. J 05103101 Type of Visit ® Compliance Inspection O Operation Review Q Lagoon Evaluation Reason for Visit O Routine O Complaint e Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 1 Date of Visit: 13 Permitted 0 Certified 0 Conditionally Certified 0 Registered Farm Name: ~7,��.............r__r3;;f Or ,(L ,�!C'i!-`..................... .............. // ........ .......... Owner Name: ..r........ ,1. .....L :� Facility Contact: f7%146C . , .ter®L .... Title: �J .f+'`Marlin Address: .... ...�.., .......>.c..•�• cry Onsite Representative:...................................................... Certified Operator:......... - � Location of Farm: El Time: �� 0 Not O rational 0 Below Threshold Date Last Operated or Above Threshold: � Phone No: ................................... Phone No:...'..... ............_ Integrator. - i j4?1.....i... ..✓........ ... ....... Operator Certification Number: ---... .............. ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude �* t-J' �" Longitude Design Current Design Current Des�ga',. .G�iitzeot CapacityPopulation P_ool Ca acrPo rlatrCa Po blan latroa Wean to Feeder ..I[] Layer ❑Dairy - Feeder to Finish ❑Non -Layer ❑'Non -Dairy Farrow to Wean Farrow to Feeder ❑Owre _-_ Farrow to Finish Total Design Capacity Gilts ;.= El Boars Total SSLW Number of Lagoons ' Subsurface Drains Present JJE3LagoonArea JOSpray Field Area iald,ng Po"'/ Sohd Traps . No Liquid Waste Management System ..: a Discharges & Stream Im acts 1. Is any discharge observed from any part of the operation? ❑ Yes VNo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes E5No b. If discharge is observed. did it reach Water of the State'? (If yes, notify DWQ) ❑ Yes KNo c. If discharge is observed. what is the estimated flow in gal/ruin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes allo 2. Is there evidence of past discharge from any part of the operation? ❑ Yes KNo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes P�No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes JW No Structure 1 StrUCtUTc 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ..................... ..........................................................................................I................... Freeboard (inches): 5100 Continued on back Facility Number: 97 :3D7 Date of Inspection Printed on: 10/26/2000 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes [ R No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes i TNo 11, Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑Yes WNo 12. Crop type 13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes JNNo b) Does the facility need a wettable acre determination" ❑ Yes [3No c) This facility is pended for a wettable acre determination? ❑ Yes ,� No 15. Does the receiving crop need improvement'? A Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ,I No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes 4 No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? Yes NNo (ic/ WUP, checklists, design, maps, etc.) ❑ 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ElYes ElNo 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes EZNo 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes allo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) �SLYcs ❑ No 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative'? 0 Yes No 24. Does facility require a follow-up visit by same agency? 'Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? Yes ❑ No o yiQlatiQns;or deficiencies -were not;e(i• OtWirig 4his;visit' • Y0jk witl•reeeiye fid rurther coriespofidence:ahout this visit :: ........... Comments {refer to`;questaon #) ,Eacplain-an y YES answers aud/or any, recammeAdatttons"ar any other comments Use draw�gs of faidlity to _better explain situations '(i6 addition l pagess as necessary) r 4 as .�- lya / .211 �4 IV Reviewer/Inspector Name Reviewer/Inspector Signature: _ Date: % f d / 5/00 +,tire ' J 1ii0031\3 1 1'ader� r - - -- _� �erhrit�ai Iruin,fv � ' '' 1lnkees Cri+eks n 71 fay �_5hifuh Ch i 'S )3 109 Irvey lent of me nt M,rI :adetic Survey j Lry photographs 7 oordinate lig 6AILS1 t°59' ll '23 MILS 3, U M GRID AND 190 MAGNETIC NORTH i Of DECLINATION AT CENTER OF SHEET lines where tion is unchecked 42' 3[J" 1AHROTrSWJRG r< AM. III ' 3 ;. �8M 135 4 -I z --- --- FP5'`r..,, .. . 1 r 0BB077SBURG� 13 40' 57. 53 11 SW SCALE 1:24 000 MILES 4000 n Iwo 2000 3000 4000 5000 6000 700a 8000 9000 10 000 FE£.T I 5 0 KILOMETERS 1 2 _ �P:��-4?r�::=J.�ieV_ ING 0 METERS 1000 2000 CONTOUR INTERVAL 5 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAIIARLE ON REQUEST QUAl Type of Visit, O Compliance Inspection O Operation Review t_agoon Evaluallon' ' Reason for Visit '@,RouUne O,Complaint O Follow. up O Emergency Notification. O q jl qr ❑ Denied Access ; : _•.: Date of Visit •�9f6 Tune.- /I �:�d Printed un 10/26/2000 w m Facility Nuber, Q NotO'"erahonal _:'Q 13etovv. Tlii�esliold`: ® Permitted � Certified j3Conditionally Certified 0 Registered Date Last Operated or'Above Threshold — . Farm Name: ..:-•-- '...r"`.._................................................ County:llF .'`:..... . _-._......... Owner Name:........7ir�F : ��!4�f �C"..------ ........................... FIIJJ . ��� . 2 f Phoine No: _.............-......_........_.. . ................. �` Facility Contact: :..fit ........................:. ... ...... Title:................................._.......... ................ Phone No: .............. ... . Mailing Address es �> ....r l /z a ...... ! .... � 3��............. ................. _...... . Onsite Representative:..:..:......... i�f Integrator:... j� '`!.>`._ .................._.................. ............................................................-.................... .f•�1::� .... . i�1 Certified Operator:,,-,,,,, Qily ........../.. J! ,.F...................................... Operator Certification Number: .. .:-_- _.... Location of Farm: . ❑ Swine. ❑ Poutiry" ❑ Cattle ❑ Norse Latitude • �° ��° Longitude 77• ' �� _ Design Current Swine Capacity Population Wean to Feeder ® Feeder,to Finish 40 04 Farrow to Wean Farrow to Feeder Farrow to Finish ❑ Gilts Boars Design Current Design 'Ct=rent Poultry Capacity Population Cattle Ca "ad k Po illation; ❑ Layer ❑ Dairy ❑ Non -Layer I jr] Non -Dairy ❑ Other Total Design Capacity Total SSLW Number of -Lagoons ❑Subsurface Drains Present Lagoon Area ❑Spray Field Area Holding'Ponds / Solid Traps JE1 No Liquid Waste Management System Discharees & Stream lmaacEs 1. Is any discharge observed from any part of the operation? ❑ Yes MNo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. li' discharge is observed, was the conveyance man-made? ❑ Yes No b. If discharge is observed, did it reach Water of the Stater (if yes, notify DWQ) []Yes ® No c. If discharge is observed. what is the estimated flow in gallmin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 0 No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ SpiIlwayf Yes ❑ No Structure 1 /1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 identifier: ................ ...eX....... ........................ Freeboard (inches): San PF" Continued on back r•� �„a��y .r�:5�.,. sVc. i e e � s 8 ++' '; .� '��W ^' � �"�a�'� 3r'�'"` �As �; _�.y -�•., r�'%!t. ����� �r� Y Yi >.i '. l i - `i'. ,- .`fit.. t'. ='Y-4 _ Z ��+'� +i--n '��4i K � � �s"�-. . -�-k'3��"��� �""`-��r�r & G fi{a �[J� ,--}�e6�`�- �• riK, ti�f"�?��,.�i��t�'s-=���#" �'>..xx..r,�_'"�� "a�--...--.Zy:,ty;-.._.'.'�c-_::4�-=?.ii_-ifs+,•u..e�.4."t:r+-n:+..-._.,P.'.-.n.3;.�"��4'.vi•:c.`-_t-rR=eµs.c�.�-:''.a`.".� pe Cornplia of Visit , • � rtce Inspp ection p oeration Revtew Q L Tyagoon EvaluaUor� w M'Fu Reason'for Visit 0 Routine ', p Complaint ;0 Foilo* up O Emergency,Notdication 30 Other [3 Denied Access Fecilrty Number - /f Date of Visit: Q` " _Time:' rO Not eratio`nal Q Below Threshold Permitted' CeriEfied ci) d(#tronally Certified " Registered t Ope t d or Threshol _ Date Las ra a Above d:` Farm Name ........ 1�i.�fgi County:.....,,P _.. Owner Name: :W..:s, r�• - -.��;y,.-w�............................. Phone No:.. t lQ ............... Facility contacts ' �.��1 -..-- Title: . .............:...._...._..... Phone No .......... _ Mw"'tg Address �r: �� ::•. I. � f..a! „e CY. �FJ Ons�te Representative: ........_.. - .,. Certrfied Operator:-••-_..11. 1""�............. .... Operator Certification Namberc Location of Farm: ❑ swine ❑ Po_uliry. ❑ Cattle L7 Horse . Latitude Longitude . ' r ' Number of Lagoons ❑ Subsurface Drains Present Lagoon Area ❑Spray Field Area Hgidu►g Pniids /Solid Traps No Liquid Waste Management System ' Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Yes ❑ No Discharge originated at: ❑ Lagoon W Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes No b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/hnin-?„i d. Does discharge hypass a lagoon system? (If ves, notify DWQ) ❑ Yes ,) No 2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Yes ❑ No 01/01/01 Continued 1Facili Number• _ ty: • p9 - /,� - Date of Inspection Waste Collection & Treatment " 4. is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 - Identifier: Freeboard (inches)" �9 ❑ Spillway Structure 4 Structure 5 ❑ Yes J'No S. Structure,6.'" 5. Are there any immediate threats to the integrity'of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes VNo seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ,gNNo (If any of questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes A No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes RNo 9. Do any stuctures lack_ adequate, gauged markers with required maximum and minimum liquid level elevation'markings? ❑ Yes WNo Waste AnDlication 10. Are there any buffers that need maintenance/improvement? JR Yes ❑ No 11. is there evidence of over application? AExcessive Ponding ❑ PAN L'A "Ydraulic Overload PrYes ❑ No 12. Crop type S // 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ,® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes []No b) Does the facility need a wettable acre determination? ❑ Yes. JR No c) This facility is pended for a wettable acre determination? ❑ Yes [R'No l5. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? 17. Are rock outcrops present? 18. Is there a water supply well within 250 feet of the sprayf eld boundary? Required Records & Documents 0 On -site ❑ Off -site 19. Fail to have Certificate of Coverage & General Permit or other Permit readily available? .S Yes ❑ No a Yes ❑ No ❑ Yes ❑ No I ''l14 ❑ Unknown ❑ Yes []No 20. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WU1?, checklists, design, maps, etc.) 21. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 22. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 23. Did the facility fail to have a actively certified operator in charge? 24. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 25. Did Reviewer/Inspector fail to discuss review/inspection. with on -site representative? 26. Does facility require a follow-up visit by same agency? 27. Were any additional problems noted which cause noncompliance of the Certified AWMP? Odor Issues 28. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 29. Are there any dead animals not disposed of properly within 24 hours? 01/01/01 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [RNo CR Yes ❑ No Ryes ❑ No ❑ Yes No J'Yes ❑ No ❑ Yes No Ryes ❑ No ❑ Yes [R-No Continued =Facility Number.-'Q : z3 p = j�� Hate of Lispecti0, /' Printed 414/2001 a -30. Is there any evidence o wind drift during land -application? (i.e. residue on neighboring vegetation, asphalt, ❑Yes o. roads; building stiucture, and/or public property)"" . . r ` 31 Is the land appltcatton spray system intake not located near the liquid surface of.the lagoon? ❑Yes UNo 32 Were any major maintenance problems withthe ventilation fan(s) noted? (z.e. broken fan belts; missing or. , or broken fan blades) tiiopeiable shutters; etc } u ❑Yes �NotJ� _~ :c _ ; 33 Dn.the animals feed storage bins fail -to have appropriate cover? ❑Yes -_ o 34 Uo the flush tanks lack s submerged Cll pipe or a permaneat/temporary cover? ' : ❑ Yes, 0 Mi vwlations or;defic;encies.*cere noted during ayes visit. You will.receive:no further correspondence about this,visit.. F ,: k-- yamy`-���•"'�'- ��� sr��,:,.:r-- :s- `,.��a�;c�- � �a.� � '� pi_amtuatru�ndrt�_ Fuld Copy ❑Final Notes r /'� �.,-.c.:,t •-� �� � ..�1s/r.��.`cL "` o.....s�A-:.;�3,e C �� /.��e� >✓1�1�,i�Yi.. cl ar.� r..Exf,,�rs.�� -ram ,f 9ir/ "r��+a�' i ���6i�`� - .�¢o i-+s as.01�1/osf�G.✓if f% �'� df�% /.Piet O G 7 ',r- E =Y / / / y ) isc� e 3l Oe �1444- CX � �• J`s � �i� IJF �'�X�c GG�/�G�o/ /�� � G'!sG��. O f/7I�s� 1t• d/w /j!/ �"� �%%ifils G.�"'�'q ��i�r 1 744 dr.c... � r,•-�c ,c �� a� Reviewerampector Name . Reviewer/Inspector Signature: r Date: I,J / 01/0l/0l " Facility Ndmber.: p s -- Date of Inspection 3 v/ `30. Is,ihere any evidence owinid drift during landapplication? ,(i.e. residue on neighboring vegetation, asphalt, roads;:bt:i[diag structure,-aiid/o� public'property) . 3l: Is the land application spray system intake not located near the liquid surface of the lagoon? 32. Were:aay major maintenance problems.' ith the -ventilation fan(s) noted? (i.e. broken fan belts, missing or or,broken fan blade(s),. inoperable shutters, -etc_) 33. Do 66e animals feed storage bins fail to have appropriate cover? 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Printed oni: 1/4/2001' ❑ Yes ❑ No, ❑ Yes ❑ No " ❑ Yes 0146 ❑ Yes [].Yes ❑ No 0 No.violations or deficiencies were rooted during this visit. You will receive no further correspondence about this visit_ R rrfer�torquestio'"�nt� E�'�'lain,anY Yl� w+�rs�oramy-recoa�ert�oor otheci t•3I+Tr�ir^:a�=4.-,.v�.^'.u`wN, 'K:.�:k.'.—i$"e� •t�.^..:� se. of facrlrfy to"be a explarn s uatiuns nse addatioaa pies as neees4a : r ❑ Field Copy ❑ Final Notes N. � .r �.:�li.�57" " crl,EPr,,,.�.,s� . S-�C4iCt /7'�' d �,f.E�✓ /iP.Ci9Ac� �v ✓C H.gl�,ri-�'C� �.t�E�r .s�►fs� f/.`f . o . no V Ir Reviewer/Inspector Name.;P Reviewer/Inspector Signature:. Date: 01/01/01 FAYETTEVILLE DIVISION 817 Castle Hayne Street Fayetteville. NC 28:303 Phone (910) 864-1920 Fax (910) $64-8774 CHAIN OF CUSTODY RECORD PAGE 1 OF_� EliT NAME a ADDRESS: _ �• ri (T�ii/! !( . IIiL° g% PO 0 PROJECT I t,OCATIOH: a OF O T t a TYPE OF ANALYSIS PRESERVATION CODE D CODE: A n -WC ONLY 6■HNO3(ph4'2)+<4•C C = H2CSO + ph + -WC E a ZN Acdain + <4'C F o TACTP£Rr��MI: YZ ✓� f r-- ors �r pf u � T 0 i ` r` s�7 �' rx f`R (" \ DATE I METHOD OF SHIPMWT: L.AS 10 # SAMPLE TYPE DATE TIME COMP GRAB PH O.Q TE1kv *C RZ CHLORM tl Relinquished by. Islgrroturel 1 pate .� 2 G/ Time ti '.. U A*en by: (S nature) 2 bate �� �� a _ i-6 Relinquished by. ISIgnaturai Date Tlme Recetv*d by.(Signatun) pate e f Relinquished br: ISIgnature) Date Tlme Received by: (Sigaaturel bate * 5 6 ReMnquished by: IsignatureI pate Time Received by. (Signature) Date Tim* 7 j a Comments or Special Hazards: G Mcrobac Laboratories, Ync. 3 -c FAi'ETTEVILLE DIVISION RC #11 817 CAST49 RAYNE STREET NC 4377i4 FAYETTEVILLE, NC 2830:3 USDA 43787 l91-0) 864--1920 / (910.1 864-8774 (PAX) http//..www:microbac.com ;rCHEMISTRY - MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS * :� r ,. ... ` :WATER ;'AIR • WASIES.FOOD •;PHARMACEiITIC�►i.S.gjfu[T ACE ]TICA & . :I ,CERTIFICATE DF- ANALYSIS 5. er.:., . -��^, sr-..'�_ ,:,'1 �. - -• e•, .>utr+,.rf ,F -,'r Yr, . k CLIENT.- NC DENR - DW4 DATE REC'.D: 03/Z3/01 SAMPLED: 03/Z,3/01 ADDRESS:, Wachovia Building, Suite 714 SAMPLED BY: B. Beath ,Fayetteville, HC 28301 DELIVERED BY: B. Heath CONTACT . PBRaOi{ : Mr. ...::xBt:t�'...:: _� : , t._ _ .. $AiiPI.E._�OnE ; WW, �Slreatu, ...Cr ;s.:_, • _ . . ACCOUNT N MBER_ . #KN©03 REFERENCE: Quality Farms SAMPLE TD. 1. Upstream - ID #01Wf33207E; 2.- Canal.- #01WE32077 3. Source - #61WE32078 4. Discharge Ynint 7 1D #01WE3209 DATA k;a V i ls'W EI) 8 i. e t DATE REPORTED: 03/'30/,`'" ` +1#►'***iM •i.i*fir •hi**ti rFfF#+ki*tip++++.i+*#++t*4*i ++f+++++++ +#*lk..F4}}.#,*+*4i'i•4++'#-�f++++Fk3.+�#++ ... ]U1LY3I3 :: 1=HOD 2 2 : _. 3,' #' f++++i+t'#+"i�#.li�+++}*i+4.'itt r+f+##+;rFra#*+r++yFrt*akiFk+++s 6aak++++4tiiri+t+*i +fir ,4k+s+t R+fir i'i t►+ BOLA (mg/ L) EPA 405.1 3.48 15.8 432 308. COLIFORM, .FECAL (per 100 rb1) SM18 9222D 210 1182 70000 56000 EPA 353.3 3.22 1.93 {1.0 c1.0 NITKQU8N,-.;AMHQNiA ( l.'L} EPA 350.2 0.84 14.43 303.67 173.69 m ( The data and other information contained on this, and other accompanying documents, represent only the MEMBER. sample(s) analyzed and is rendered upon the condition that d Is not to be reproduced wholly or in part for advertising or other purposes withal written approval from the laboratory. 1' USDA-EPA-NIOSH Testing Food Sanitation Consulting Ct l and MiQobkftical Analyses and Research 1 i ? PM CLIENT: NG DENR DWQ MICRNAC-FAY DIV FAX:9I08648774 @ Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE HAYNB STREET FAYETTHVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (F http://www.microbac.com ADDRESS: Watchvvia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr- B. Heath ACCOUNT NUHBER: #KN003 SAKPLE ID: 1. Upstream - ID #01WU32076 2. Canal - #01WE32077 3. Source -- #01WE32078 4_ Discharge Point - ID WXE32079 PAGE- 2 NC #11 NC #37714 USM #3787 DATE REC'D: 03/23/01 SAMLED: 03/23/01 SAMPLED BY: B. heath DELIVSlEI$p BY: H. Heath SAMPLE ODDE: Kit, Stream, GrAV!'' RKFEPZNCs: QuQIity... DATA REVIHWM BY: DATE REPORTED: 03/31D/ ++i#iit#i#+•Eiiii++++i+tit+ii+itiiii++itt+t4iti+++i+Ek+++++++i+t#�4+itt#+tttittttii{r +♦tttittf+ ANALYSIS 2 3. 4 ++++:++++ii�+iitt+*+tr err+i++*it+�+++++++•++t+#+t+ii•+#+*i e++�tti*ii#►#tit{�•i**il�#f�1�Wf*iw BOD (mg/L) EPA 405.1 3.48 15_8 43= 308 COLI£OM, FECAL (per 100 ml) SM18 9222D 210 1182 J :". _" 56000 NITRATE (mg/L) EPA 353.3 3.22 1_93 <1.ON <1.0 NITROGEN, AMMONIA (Mg/L) EPA 350_2 COTS. < = Less than PAGE 1 OF I 0_84 14.43 303.67 173-.69 The data and other Information contained on this, and other accompanying documents, repre art ONy f � iE M 113.1113— lA sampte(s) analyked and is rendered upon ft condition that d is rot to be reproduced WhOtty cw in port for advetttsing or other purposes without written tipDroval from the laboratory. *.. US0i4EPA ,JOSH Testing Food Sanhation Consulting Chemical and KcPq iolo k w Analyses and Resiawch rticr+ur- OwMicrobac Laboratories, inc. FAYETTEVILLE DIVISION INVOICE 817 CASTLE RAYNE STREET iA FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) O' #28397 http://Nvww.microbnc.com NC DSNA - DW Attn: Mr. Paul Rawls Wachovia Building, Suite 714 Fayetteville, NC 28301 If 26 #iQI003 ; : 30 days 3%31/2001' s Analypis on waste water sampled..- Quality Farms 4 IEOD%.'each , $129 60 4 Coliform, Fecal (After 'hr6) : 4 Nitrate :$32'.40 I. each $129.60 4 Nitrogen, Ammonia" ' $27:00`-/- each $108„ 00-.. 2 Technician Time $25.00-- 1 .hour $50.00;-. APR 10 2001 L�' 7 J �` �.+, ��-�.� `�C'a !' 1 _�t,Z � /L, -yam-•� . CI IEIMISJ'RY • i;,91� I OB101,00Y • } OOD SAFE TY '- CONSI�MER PROI?IJ(7T'S �1 A-1J,.R Alit - ��+'/ MT_::5 - FOOD • PHARMAC rriCALS - NE.1`MA��I::�,JT1(:',�tL SEE TERMS & CONDITIONS ON REVERSE SLOE 1 910 862 7026 P.02 t+` Quality Farms P.O. SOX 1416 Elizabethtown, NC 28337 April 2, 2001 ATT N: Bob Meath Division of Water Quality 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr. Heath, To comply with the statutes of the general permit, I am writing to inform you of the events during the week beginning March 19, 2001. At Quality Farms on Monday morning the pits were pulled on four of the houses which resulted in a 3 inch rise in the lagoon level. The lagoon level at Quality Farms was measured and documented by my service Eger later to be 19.5 inches (19 inches being the top of the first teed pipe). The recycle p n m would take all night to refill the pits, but when full, the lagoon level would have been %Ytaxes. The rain that came Monday and Tuesday measured at the farm was 1.5 to I-.75 wires._-4b r lagoon was not in the freeboard at any time that I am aware of If it had , I anauld:hm contacted DWQ as required by the general permit. On Monday, I instructed my farm manager to move one of the reels to the back side of the farm so that I could irrigate at a later time when this area dried out which he did. On Wednesday, I irrigated with the other reel in the front field and did not observe any problem of ponding or run-off. On Friday, my farm manager called and stated that DWQ inspectors had visited the faun and found ponding and run-off in the back field. I told my manager that I had not been irrigating in the back field. I did not know until then that the valve to the back field which I keep closed when I irrigate the front fields had been opened by my farm manager earlier in the week. The irrigation I conducted was at night and I checked on the reel several tithes tact Ubadiao ik& that the reel at the back of the farm was running. I realize that I made a mistake in not double . checking that vale, but the ponding and run-off which occurred was not intentional, 1-will in the future make certain the appropriate valves are off and only irrigate at tight when aEbsoy necess3 . 1 have worked diligently to manage this faun in the best way possible and I sincerely regret this problem occurred. Please contact me if you need any additional information Sincerely, Steven W. Tatum North Carolina Department of Environment and Natural Resources t�fDivision of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director April 18, 20001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Steve Tatum PO Box 1416 Elizabethtown, NC 28337 SUBJECT: Notice of Violation/Notice of Intent Quality Swine Farm, Inc. Facility No. 09-156 Permit No, AWS090156 Bladen County Dear Mr. Tatum: 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 March 23, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted a follow. -up inspection of your swine farm (located off Highway 87 in Bladen County) to confirm that the high lagoon freeboard observed on March 19, 2001 had been corrected - The inspection revealed that the irrigation reel and gun had been relocated to a waste application which is typically wet and had a poor winter crop (small grain) established. The field was saturated and water was standing in the fields and ditches. The irrigation equipment had been operating since the previous inspection and animal waste was ponding in the spray field and running into the adjacent ditch; however, the lagoon did have the required freeboard. The irrigation event was reported to have occurred on March 21, 2001, Wednesday evening, approximately 40 hours prior to the discovery by DWQ inspectors anted immediately after a two (2) inch rainfall event that occurred Monday evening through Wednesday morning of that week. In addition, the irrigation reel and spray gun were not properly set up and had the system been operational (engaged), wastewater would have been irrigated into the canal ditch for approximately two-thirds of the pull length. 225 GREEN STREET - SUITE 714 ; SYSTEL BUILDING 1 FAYETTF.viLLE. NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.STATE. NC USENRI AN EQUAL OPPORTUNITY 1 AFFIRNIATIV"E ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Tatum April 18, 2001 Page 2 The Division of Water Quality requests that the following items be addressed: Inspect, repair and maintain the irrigation equipment in the proper operation condition. Operate the irrigation equipment in accordance with design and the CAWMP. Irrigate on a suitable waste application field when weather and field conditions permit. Contact a soil drainage expert to evaluate the soils in the spray fields to determine if the site will respond to drainage. Evaluate the drainage outlets to determine if adequate outlets are available and develop a drainage plan to alleviate the soil wetness problem. 4. Plant and maintain the required buffers between the waste application fields and the canal ditches. Submit a copy of freeboard records from January 1, 2000 to present. Submit a copy of the irrigation records from January 1, 2000 to present. Failure to comply with the above conditions may result in the facility's General Permit being revoked 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 considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation 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 response should be received by this office on or before May 3, 2001. Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Mr. Tatum April 18, 2001 Page 3 If you ave any questions concerning this matter, please do not hesitate to contact either Mr. Bob Heath, Environmental Specialist, or me at 910486-1541. Sincerely ly'�aul E. Rawls Water Quality Regional Supervisor RFH:PER/bs cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC, Fayetteville Office Kevin Weston - Brown's of Carolina Central Files - Raleigh 'A 05/�3/2001 08:14 8625518 QUALITYAUTOPARTS RAGE 01 ATTN: Paul Rawls Division of Water Quality 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr. Rawls, Quality Farms P.O. Box 1416 Elizabethtown, NC 28337 May 2, 2001 This letter is in response to the Notice of Violation/Notice of Intent issued to Quality Farms (FN 09-156) on April 19, 200I. Enclosed are the documents you requested in your letter. In addition, the items you asked to be addressed on this farm have or are being evaluated. As stated in my previous letter to you, the irrigation conducted in the back field was unintentional. The valve to this part of the irrigation system was open when it should not have been. I normally take much more care n the operation of the irrigation system, but during this period, my wife was experiencing difficulties with her pregnancy and had been on bed rest for several weeks. I realize that this does not absolve me from my responsibilities, however, the extenuating circumstances during that ,period definitely had an impact on the performance of every daily task. I believe that the state inspection reports show that, with the exception of the heavy rain from El Nino, this farm has been in compliance and managed very well. Therefore, I do not believe that enforcement action is necessary in this case. I have worked diligently to manage this farm in the best way possible and I sincerely regret this problem occurred but I do not feel enforcement action is justified. Please contact me if you need any additional information. Sincerely. lam. D'A Steven W. Tatum 05/03/2001 08:14 8625518 01_lALITYAUTOPART5 PAGE 02 Weekly Rainfall & Lagoon Level Records Quality Farms - r r. r 0r r r r r r r• r r r• r r r � r r■r � rr r � r � r a!D/9jf2VO1 08:14 862551E QUALITYAUTOPARTS PAGE 93 Quality Farms Waste If Report Hydrant 01 # Sprinklers 1 Crop Wheat Acres Covered 2.84 Lbs N Required 132 Year 20M Lbs N Residual 20 Field 6105-11 Lbs N to Apply 112 Date Start Stop • NMOM Lbs N In to Time Time Pal GPM Gallons lagoon - 9W INAc Lbs N to App% Apply 11i10/00 110.00.00 AM 1:00:00 PM "" 150 77000 F 1 2 lr Ei 23.83 88 38 1N31 DV23I01 s�30:00 AM 2:30:00 PM 6q 150 � � 2$0 0.58 4672 47.88 0 88 I .... 1 v � F77 I. D_flD k � � 1 a— � � � 0.00 47.68 F— r— ! I ........ i_ .. I I_ i I I., i. 0.00 47.$8 05/03/2001 08:14 8625518 UJALITYAUTOPARTS PAGE 64 Quality Farms Waste Irrigation Report Hydrant 01 A # Spdn►dws 1 Acres Covered 2.84 crop Wheat Lbs N Required 132 Year 2800 Lbs N Residual 20 Field 6105-11 Lbs N to Apply 112 Date Stan Stop Time Tim PSI GPM Gallons W1000 Lagoon gal InfAc Lbs N - Lbs N In to to Apply Apply 11/11/00 10 00:00 AM 1:00:00 PM � 150 270D0 F 1 —. 2.50 D.35 . F BS_38 1.31 M1/01 9:0000 AM : 2:00:00 PM �50 150 45000 r -so 0.58 4D:72 = 47,E 0.88^ f i ! � 0.06 - F— F p F i i```�` f I `_ ... � � � O.OD 4 7.96 . � I' 05/03/2001 08:14 8625518 QUALITYAUTQPARTS PAGE 05 Quality Farms Waste Irrigation Report Hydrant 02 # Sprinklers 1 Crop Wheat Acres Covered 3.06 Lbs N Required 132 Year O Lbs N Residual 20 F%!d 6105-1 o Lbs N to Apply 112 Daft Start Stop Tyne Time PSI OPM Gallons NMOOO Lagoon 90 WALC L6s N Lbs N Into to Apply Apply 11/1.0100 10:00:00 AM 1.00.00 PM i . w . 1.ri0 270DQ F f 250 ci—wi 01 10,00:00 AM 3:00.00 PM 150 r a i 2.60 G.T5 F-71 F-7 O.oO - ----i-�F.7�. ^�.�-ram F- 05/03/2001 08:14 6625518 QUALiTYAUTOPARTS PAGE 06 Quality Farms Waste Irrigation Report Hydrant 02A # sprinkrem. 1 Aces Covered 2.85 Crop Wheat Lbs N Required 132 Year 2000 Lbs N Residual 20 Field 6105-10 Lbs N to apply 112 [fie start strop Time Time Psi GPM Gallons wl00o ,:� : Lbs N In to Lagoon gd INAc E:bs Ie!?� to Apply 1.11/11/00 10-00:00 AM 1:00:00 PM : �50 150 27fl00 � i ~ 250 0.36 Z3.83 04/24/01 8:00:00 AM 1Z:00:00 PM l "" [ 150 F' -1 280 a41 3299 55.38 .. 0_i9 OID ... F— 0 0 oa Fii# �� � . .. �7 05/03/2001 08:14 8625518 QUALITYAUTOPARTS PAGE 07 0 Quality Farms Waste Irrigation Report Hydrant 03 #Sprinlders I Acres Covered 3.19 Crop Wheat Lbs N Required 112 Year 2000 Lbs N Residua! Field .6105-9 Lbs N to Apply 112 Date Start Stop wim USS N into Time Time PSI GPM Gallons Lagoon 9M n.Wft AJ)S,N- to -Apply 1 2:00-00 PM- 7:W. 00 PM —1 F2-W 04118101 F :1- - I 1.08 F-7F76--F77 F--6—F7 Fi-c-6 F-6-- F— F— F—F- - F F— F— F6-0-0 F— F— F—F— F-- 05/03/2001 08:14 6625518 QUALITYAUTOPARTS PAGE 88 Quality Farms Waste Irrigation Report Hydrant 03A # Sprinklers I Crop Wheat Acres Covered 2.85 Year 2000 Lbs N Required 112 Lbs N Residual Field 6105-9 Lbs N to Apply 112 Date Start Mop 101006 Lbe N - In to rime Time PSI GPM Gallons Lagoon got IWAC LbSN toApplirApply 104119101 1:00:00 I'm 6-00:00 Pm F F658 40.T1F7T-28 F o —F— F— F- I— F 0 0.00 F— F— f F-- -FF- I— F—F -6 F— F 85/03/2001 08:14 6625518 QUALITYAUTOPARTS PAGE 09 Quality Farms Waste Irrigation Report Hydrant Qg # Sprinklers Crop Wheat Acres Covered Lbs N Required Year Z Lbs N Residual Field 6105-4 Lbs N to Apply 3.19 4. 1321* <r 132 Date Start Stop NM0011 Lbs N In to Time Time `PSI GPM Gallons Lagoon Sat hVAC Lbs N to Aip�Pb Apply 10/18l0D 9_Q0:0O AM 12:30:00 PM 1 -0 I _150 31500 1 2.50 Q3S�* ,5r rt� 1'81 04/1MD1 3:00:00 PM 9.00:00 PM �r .. 150 F , _ _ _ I 2,60 Imo- ir- M.7F + . I I ! . . I a 00 71.8T f F� �a ri�:�,F.— 05/03/2001 08:14 8625518 . F7 7, 73 -41Fw F QUALITYAUTOPARTS " -�#,` -, PASE ke Quality Farms Waste Irrigation Report Hydrant 06A # Sprinklers I crop Wheat Acres Covered 5.12 Lbs N Required 132 Year 2000 Lbs N Residual Field 6105-3,4 Lbs N to Apply 132 Date start Stop Time Time PSI GPM Gallons MMOOO I ns Us NgIn Ito Lagoon em twit. ft-APP, �,.Apply 77-74: 110120/W 1 9.00:00 AM 2.00:00 PM F50 F150 F �q F 110.40 .1.64 04115/01 4:00'.00 PM Q.-00:00 PM Fi7 i.-3-2 T PE-0-0 F— Fi1#F F— F-F— b d F— F— 87-M Faio-4- F— 05/63/2001 08:14 6625518 QUALTTYAUTOPARTS PAGE 11 Quality Farms Waste Irrigation Report Hydrant 07 # sprinklers Acres Covered&31" Crop Wheat Lbs N Required 132 Year 2000 Lbs N Residual . ', Field 6105-4 Lbs N to Apply 132 Data sun Stop W1000 US N In to Time Time PSI GPM Gallons Lagoon gal WAS Lftrm . In #4%* Apply FF-F I 0119m 1 9:00 . AM 112.30 . .00 Pm F 50 F��� F�F T�-o- 6� 23.857 F0-8:38 04/17101 F ri�-700 Pm 10:00:00 Pm F Fw i5o F v t*.30 N, rw F— F —6 F— F-- F-76-7 F-- F— FO--Oo FkiH F— F— F— F— F —o SM30 10* P9 05/03/2001 08:14 8625518 QUALITYAUTQPARTS `-� :PAGE 12 - lrr s Quality Farms Waste Irri anon Report `} g P Hydrant 07A # Sprinklers 1 b" Crop Wheat Acres COvemd 5.12 Lbs N Required 132 Year 2000 Lbs N Residual Field 61053,4 Lbs N to Apply 132 Date Start Stop ai11000 r ._ , r r i Lbe N into Time Time PSI GPM Gallons Lagoon gel ka :=:tom:U,. tM Ap ft -ApPNi 1 o20/W 9:Oo aU AM z: oo: as PM F 1 so �— 250 0.3� 21 `�Q ° 1 G.�0 $ 9.94 04117ro1 1:oo:o0 Pan 6:00:00 PM F5a F�-56 asaoo - 2.eo 0.32 Z2.�a s7.64 126 f F- MI w ` F F— fbm i F— F. . " E . - F F h,• 05/03/2001 08:14 8625518 QUALITYAUTOPARTS PAGE 13 Quality Farms Waste Irrigation Report Hydrant 08 # Sprinklers Crop Wheat Acres Covered Lbs N Required Year 2000 Lbs N Residual Field 6105-4 Lbs N to Apply A k4p t V- .1106- 41-r 132 132 Date stud Stop MMOOO Time Time PSI GPM SallOnS Lagoon gal ai 110118100 [9.00-.00AM 112:30-00PM.1 5O F150 F31500— 1 F2 60 P 4 04115M1 4:00.00 PM 9:00:00 PM 7,12D F-1 F— F—�7— Fico Fifw I F­7 F F 1777 1 7 F F— F--6:— F— i- 0 177 F —6 7"U'.1w V Mr," 05/03/2001 08:14 8625518 QUALITYAUTOPARTS ;;PASi= 14 Quality Farms Waste Irrigation Report Hydrant 08A # sprinklers crop wheat Acres Covered Lbs N Required Year 2000 Lbs N Residual Field 6105-4 Lbs N to Apply 4.69 132 l,•- �aF F.Y' AGE! �y . 4 Pa3 132 DaW Start SwP WIG" M - Into Time Time PSI aPM Ctaflons UMoon 9M rfNAC` z 10/19/00 1 9:00-00 AM 1:30:00 PM � 1502.b0 _ 0732�� T M,:1111&w1rr1jm 03123J01 9:00:00 AM 2: 00:00 PM �,� 1 '�" �- 2.$0 Q3B 24 57 86�83 122 04/14/01 3:00:00 PM 8:00:00 PM : i - � 150 450� � 1 �_80 0.35 Z4.5T ii ' 0�1 }. x t_. AI M . 'L'•tN.';� 4r1F •' 05/63/2ee1 08:14 8625516 QUALITYAUTOPARTS PAGE 15 Quality Farms WasteAdgation Report Hydrant 09 # Spribidem A4 - Acres Covered Crop Wheat Lbs N Required 132 Year 2= Lbe Af Residual Field 6105-5 Lbs N to Apply 132 Date Suft Stop Time Time PSI GPM Gallons Idmom UM 'bto. Lagoon VW WAC, Lbs ..Ap* 1:00:OD Pm i:00 PM FviF r-0-0 FN F 4WW F2-60 1.43 o-7 ------ AW ,�=41. 1-1 FT 6 F--- I.. F—F —0 F— Fi06I-[iM471 F7 F .10&41 7- F �-�*-�.,. yam:. 05/03/2001 08: 14 8625518 QUALITYAUTOPARTS y ' .4_a ":., -" :-'POZE 16 Quality Farms Waste Irrigation Report Hydrant 09A # Spnnlders Crop. Wheat Acres Covered Lbs N Required Year 20�0 Lbs N Residual Field 6105-5 Lbs N to Apply /LLB sun • SwP W11L Time Tree - PSI GPM Gallons WINO [�I;_ S ;T F � �� �qpP� Lagoon teilAc:,. a saf .40 04I18JO1 200: 00 PM 7:0Q 00 PM . �— 150 45000 I 2 6� F0.v 2248 149.54 1.'�8 1!+(- 1 1111y+ y, .. ? ..0.{i{i iO� 154 �— I1. si' . H I co LO Lr, N la v m jc l�dM1 05/63/2001 08:14 8625518 P QUALITYAUTOPARTS I-P Quality Farms:: Waste Irrigation Report Hydrant IOA # Spdnkfe" Crop Wheat Acres Covered 132 di 4`5 Lba N Required Year 2000 Lbs N Residual Field 6105-6 Lbs N to Apply 132 Deft Stwt MOP W1000 Lbs N Into Time Tkft PSI GPM QMorw Lagow gal NAM UmN.4oftab Apply 9:00-00 AM 2.00-00 PM, 150 F F-6-7 F— F7 1. F— F— F— F— 0=-+t M71 F F ft, HESTER. GRADY. HESTER a GREENE A"ORMETIf AT LAW II/ GOURTMOUI[ ORIv[ ■LISA1111tTMTOWN, Me 1u37 aou 342 pact531 Prepared by Worth H. Hester, Attorney STATE OF NORTH CAROLINA COUNTY OF BLADEN WARRANTY DEED THIS DEED, made this the 19th day of May, 1994, by and between EUGENIA W. GOODEN, widow, party of the first part, and MARVIN TATUM AND STEVEN W. TATUM d/b/a QUALITY FARMS, parties of the second part; Ecl'zkde-n41-b 0-s, +�.c _ zk33i * WITNESSETH * THAT said party of the first part, for and in consideration of an exchange of lands of equal value and other good and valuable consideration in hand paid by the Grantees herein, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEY unto the parties of the second part, and their heirs and assigns, those certain tracts or parcels of land, situate, lying and being in Bethel and Elizabethtown Township, Bladen County, North Carolina, and being further described as follows: FIRST TRACT: In Bethel Township, Bladen County, North Carolina; That certain tract or parcel of land, containing 196.5 acres, more or less, bounded on the North by N.C. State Highway 87, C.D. Brisson Estate lands, and Dewey Clark Estate lands, on the East by N.W. Hester Estate, and the Willie McDowell Estate, on the South by the Norman lands and W.J. King, on the West by the Parker heirs land, said tract of land lying approximately 1.6 miles East from the Town of Dublin, and being more specifically described according to a survey by Stuart Gooden., Registered Surveyor, dated November, 1963, as follows: BEGINNING at an iron stake on the south side of N.C. State Highway 87 in a line of lands of Mrs. Odom, said stake being located 0.65 of a chain from the centerline of said highway; and runs with the Odom and Nash Hester lands South 39 degrees East 19.15 chains to an iron stake with old pointers; thence with the Hester lands South 43 degrees East 2.50 chains to a stake; thence with the Hester lands South 47 degrees West 7.70 chains to an old juniper stake with old pointers; thence with the Hester and Willie McDowell lands South 43 degrees 30 minutes East 26.03 chains to a stake in the line of the Norman lands; thence with the Norman lands South 48 degrees 30 minutes West 12.75 chains to a stake in the line of W.J. King (formerly John A. McDowell); thence with the King. lands the following calls: North 42 degrees West 6.15 chains; South 35 degrees West 6.5 chains; South 19 degrees West 1.60 chains to a stake; thence South 12 degrees 30 minutes West 2.00 chains to a stake; thence South 24 degrees West 2.72 chains to a stake; thence South 5 degrees West 1.50 chains to a stake; thence North 60 degrees West 9.11 chains to a stake; thence South 35 degrees West 1.75 chains to a stake in the edge of the bay and a corner of the Parker heirs land; thence with l RECEIVED 5 r L/ ✓ BY rax r7r vc anon 3 ? pn[532 the edge of the bay and a line of the Parker heirs as follows: North 60 degrees 30 minutes West 4.02 chains; North 56 degrees 30 minutes West 6.19 chains; North 52 degrees 30 minutes West 9.D3 chains; thence North 39 degrees West 6.15 chains; thence North 30 degrees 30 minutes West 6.26 chains and North 17 degrees West 7.78 chains to an old iron stake beside a lightwood stump, a corner of the Dixon Brisson and Dewey Clark lands; thence with the Dewey Clark lands North 55 degrees East 35.94 chains to an iron stake on the south side of N.C. State Highway 67; thence with said highway South 78 degrees 15 minutes East 6.38 chains to the beginning, containing 196.5 acres,. more or less. This being the same lands conveyed by John Alexander Gooden, Jr. and wife to Paul M. Gooden and wife by Deed recorded in Book 224, Page 395, Bladen County Registry. Party of the first part also conveys to parties of the second part all of the interest in and to the easement recorded in Book 224, Page 425, Bladen County Registry, to which reference is made for incorporation herein. This being the same lands conveyed by John Alexander Gooden, Jr. and wife to Paul M. Gooden and wife by Deed recorded in Book 224, Page 395, Bladen County Registry. This being the same lands conveyed by Paul M. Gooden and his wife to Byron H. Gooden and wife by Deed recorded in Book 241, Page 394, Bladen County Registry. SECOND TRACT: In Bethel Township, Bladen County, North Carolina; Situated on the southwest side of N.C. Highway 87 about two miles South of Dublin. BEGINNING at an iron stake in the center of N.C. Highway 87 in the northwest line ofthe land of which this is a part and in the southeast line of the Dewey Clark land, AND RUNS THENCE FRO MSAID BEGINNING POINT South 45 degrees 04 minutes West 84.5 feet to an iron stake, Byron Gooden's corner; thence with Byron Gooden's line South 78 degrees 24 minutes East 421.9 feet to an iron stake; thence North 41 degrees 27 minutes West 82.75 feet to a nail in the center of said highway; thence with said centerline around a slight.curve in a northwesterly direction to the point of beginning, containing an estimated 1/2 acre. This being the same lands conveyed by Glenn Parker and his wife, Lillie Belle Parker to Byron H. Gooden and his wife, Eugenia W. Gooden by Deed recorded in Book 246, Page 553, Bladen County Registry. THIRD TRACT• In Elizabethtown Township, Bladen County, North Carolina; Situated about two miles southeast of Dublin on the southwest side of N.C. Highway 87, and being that part of the Byron Melvin homeplace which lies on the southwest side of N.C. 67, containing 0.84 acres outside the road right-of-way as surveyed by Lewis Paschal in September, 1981, and more particularly described as follows: Beginning at a nail in the center of N.C. Highway 87 in the southwest line of the Allen Tract (Byron Melvin homeplace) of which this is a part, AND RUNS THENCE FROM SAID BEGINNING POINT with Byron Gooden's own line South 38 degrees 55 minutes -East 82.75 feet to a pipe; thence Suth 36 degrees 37 minutes East 401.1 feet to a concrete , S • r Boof 342 PA63 monument, Winton Hester's corner; thence with the Hester line North 51 degrees 10 minutes East 45.7 feet to a concrete monument; thence with Hester's line North 5 degrees 27 minutes West 246.4 feet to a nail in the center of N.C. Highway 87; thence with said centerline North 69 degrees 41 minutes West 323.6 feet to the point of beginning. For title see the Will of Ada Allen Melvin which is duly recorded in the Office of the Clerk of Superior Court of Bladen County dated about This being the same lands conveyed by Byron S. Melvin, to Byron H. Gooden and his wife, Eugenia Gooden by Deed recorded in Book 290, Page 171, Bladen County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to,them, the parties of the second part, and their heirs and assigns, in fee simple forever. AND said party of the first part covenants that she is seized of said premises in fee simple; that the same are free and clear from any and all encumbrances, that she does hereby warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set her hand and affixed her seal, this the day and year first above written. f , (SEAL) EUGFiiIA W. GOODEN STATE OF NORTH CAROLINA COUNTY OF BLADEN I, Jes1e rA. Ca-rro 11a Notary Public, do hereby certify that EUGENIA W. GOODEN, widow, personally appeared before this day and acknowledged the due execution of the foregoing .RI-�rWrument for the purposes therein expressed. Olt V Witness my hand and notarial seal, this the 14 - day of rfam 1994. OTARY PUBLIC My Commission Expires: The 'lur.�ain.l c i:a C/(yf of -3 Mpy QJ arcr 3 ? FACE534 NESTER. GRADY. NESTER r GREENE ATTORN(YS AT LAW M!COURTNbUBC DRW( .-xwe[r—owM, NC 25717 Prepared by Worth H. Hester, Attorney STATE OF NORTH CAROLINA COUNTY OF BLADEN WARRANTY DEED THIS DEED, made this the 19th day of May, 1994, by and between MARVIN TATUM and his wife, NANCY P. TATUM, and STEVEN W. TATUM, parties of the first part, and EUGENIA W. GOODEN, party of the Rou rr r Qof 1-5-3second part; �-�TM�-oo,�,� kc. 22337 * WITNESSETH * THAT said parties of the first part, for and in consideration of an exchange of lands of equal value and other good and valuable consideration in hand paid by the Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DO GRANT, SELL AND CONVEY unto the party of the second part, and her heirs and assigns, that certain tract or parcel of land, situate, lying and being in Elizabethtown Township, Bladen County, North Carolina, and being further described as follows: That certain tract or parcel of land; containing 99.80 acres, more or less, exclusive of road right of way as shown on plat of survey entitled THE CLYDE W. JOHNSON FARM, prepared by Stuart Gooden,.Registered Surveyor, dated August 2, 1988, which said plat is recorded in Plat Cabinet A-84, at Page 842, in the Office of the Register of Deeds of Bladen County, to which reference is made for greater certainty of description, and being more particularly described as follows: Beginning at a nail in .the center of Secondary Road 1003 and runs thence with the Debbie Johnson line and a ditch North 54 degrees 41 minutes 25 seconds East 336.50 feet to a drive shaft; thence continuing as said ditch North 54 degrees 03 minutes 29 seconds East 647.01 feet to an iron pipe; thence with the Debbie Johnson line and as a ditch North 34 degrees 23 minutes 20 seconds Nest 642.70 feet to an existing concrete monument; thence continuing as a ditch and with the Downie nester line North 33 degrees 18 minutes 21 seconds Nest 380.31 feet to an existing rebar; thence continuing as a ditch and beyond North 34 degrees 09 minutes 53 seconds Kest 736.52 feet to an existing iron pipe in the Alton Johnson line; thence with the Alton Johnson line North 53 degrees 14 minutes 39 seconds East 443.74 feet to an existing iron pipe by an elm; thence North 52 degrees 04 minutes 22 seconds East 343.32 feet to an existing rebar; thence with the Byron Gooden line South 40 degrees 14 minutes 18 seconds East and as a ditch 390.94 feet to a bend in the ditch; thence continuing as a ditch North 51 degrees 10 minutes 09 seconds East 399.29 feet to a point in said ditch; thence continuing as Byron Gooden's line South 40 degrees 22 minutes 52 seconds East 1383.36 feet to an existing concrete monument; thence with the Richardson line South 52 degrees 00 minutes Nest 190.04 feet to an existing iron pipe; thence continuing as Richardson line South 49 degrees 52 minutes 50 seconds East 723.60 feet 1 RECEIVED BrCx 342 p.,Gt535 to an existing iron pipe; thence South 40 degrees 32 minutes OS seconds East 111.53 feet to an existing iron pipe; thence South 34 degrees 58 minutes 24 seconds East 275.77 feet to Robbins' corner in the center of Secondary Road 1150; thence as the center of Secondary Road 1150 South 44 degrees 24-minutes 38 seconds West 210.10 feet to an existing spike; thence continuing as the Robbins line South 38 degrees 17 minutes 39 seconds East 419.96 feet to an existing iron pipe; thence North 44 degrees 27 minutes 49 seconds East 209.34 feet to an existing iron pipe in the Alta J. Britt Estate; thence as the Britt line South 38 degrees 16 minutes 48 seconds East 434.80 feet to an existing rebar; thence South 38 degrees 14 minutes 52 seconds East 226.01 feet to an existing axle; thence with Clark Brothers line and as a ditch South 36 degrees 21 minutes 34 seconds West 236.91 feet to an iron pipe; thence continuing as the ditch and the Clark Brothers line South 44 degrees 09 minutes 52 seconds West 350.43 feet to an axle; thence North 38 degrees 41 minutes 15 seconds West crossing Secondary Road 1150 a distance of 1587.16 feet to an iron pipe, Jerry Wooten Johnson's corner; thence as the Johnson line South 51 degrees 23 minutes 31 seconds West 1391.06 feet to an existing axle; thence with Jerry Lee Smith line North 37 degrees 36 minutes 55 seconds West 630.33 feet to a stake; thence South 54 degrees 47 minutes West 362.51 feet to a nail in the center line of Secondary Road 1003; thence as the center line of Secondary Road 1003 North 26 degrees 10 minutes 48 seconds West 130.98 feet to the point and place of beginning. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to her, the party of the second part, and her heirs and assigns, in fee simple forever. AND said parties of the first part covenant that they are seized of said premises in fee simple; that the same are free and clear from any and all encumbrances, that they do hereby warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said parties of, the first part have hereunto set their hands and affixed their seals, this the day and year first above written. n ,� (SEAL) MARVIN TATUM SEAL) TATUM ZC�—_(SEAL) STEVEN W. TATUM 2 STATE OF NORTH CAROLINA anu 342) wt536 COUNTY OF BLADEN I, Carrro �i _ a Notary Public, do hereby certify that MARVIN TATUM and his wife, NANCY P. TATUM, and STEVEN W. TATUM, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes ,�herein expressed. �05t. �'•; Witness my hand and notarial seal, this the �3 day of a ti; .V4OTA� i 1994. 'JSL+ bWTARY PUBLIC �•.,� ••.•..•••'' Commission Expires: h7A GF NORTH CAROLLNA, lrt.$Di 1 „Ca=114: ' forcgohv ccrtWcatcraf ::'n ttr N3r1h C::I 11 Y1 IS c,;' If,nd to fr C 7r�t '"i0s f,re>ctrlrrl for frnietr Jinn ii� _a:, Y �+ nt� n, r:I�Clt _ANT. and recer ill 1:::5 Uy`'�, MAC Z & \C & 3 I ,I ;.. i flY, tA- � v'. — • *�`$ " ` �' 1 � ..- _ � r � ti 1 arAr ��I i—...r II �-r1 '�. ,a..w—� s�1{1-..ion �_ � �'� YQ � � F�� �� � a IIIIII 4=... � _ w• s+"' 1 �'- �.. �' -'� C _ _ -': - �'^ _ ._��� �: ��.� ' d -< � - - - � �'�.c.i�' . �., -� 1 ;, ^_ a i- :»-' t �, ,It Mh FYI.'. �z.�{.. ?!,'•..enpn�+i ., r fp * Ili -Vr v gig � .4�'- S _ �4"ti_. __ �" �.�c_ _ - _- _ 4 _�.� ----- I Yam-. _ � ✓sue. A��'N_�� ��"... fir.,. 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