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430032_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qual :'S,''.: I NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 9, 1999 Mr. A. Brad Bullock, Sr. 900 Monticello Drive Pinehurst, NC 28374 Mr. Thad Bullock P.O. Box 2168 Souther Pines, N.C. 28388 Subject.. Notice of Violation Notice Recommendation forEnf4rcement of west for Cause Meeting Bull Run Farm Facility No. 43-32 Permit No. AWS 430032 Harnett County Dear Mr. Bullock: 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 27, 1999 this office conducted an inspection of the Bull Run swine farm. The lagoon level at the Bull Run Farm, based on the marker installed in the lagoon, was five inches. This level is substantially less than the required nineteen inches of freeboard and was believed to be in the structural freeboard of the lagoon. This office considers waste levels entering the structural freeboard area of a lagoon an immediate threat to the integrity of the structure and to the environment. DWQ had not been notified of this situation as required by the General Permit issued to the farm. Condition 111.6.e. of the permit states in part that: "the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit.". 226 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.6043 PHorvE 910-488-1841 FAX910-486-0707 AN EQUAL, OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 60% RECYCLE0/10% POST -CONSUMES: PAPER 6 Mr. Bullock February 9, 1999 Page 2 of j At the time of the inspection land application of waste was observed to be ongoing, an activity that was reportedly authorized by the owner. The land application of waste ( by irrigation) was observed to be on a saturated field which ultimately resulted in ponding of wastewater at the East end of the application field. The integrator, Carroll's Foods, was notified of the immediate problems on this farms due to the fact that the owner and Certified Operator in Charge was in Texas. On January 28, 1999, staff of this office met with representatives from Carroll's Foods at the Bull Run Farm. A transit was used to accurately determine the freeboard level of the lagoon as existing wastewater level marker was viewed to potentially be unreliable. After performing a measurement of the lagoon level Carroll's Food staff informed Mr. John Hasty of this office that the freeboard level was actually 11 inches (even after wastewater had been removed from the lagoon on 2/26/99). This situation was discussed with Carroll's employees at that time as the freeboard level was still viewed as an emergency situation and that something needed to be done immediately. It was determined, with the assistance of Mr. Hasty, that a small field closest to SR 1131 could accept a light application of wastewater and that all other onsite fields were too saturated for waste application at that time. Two quick pulls were made to give some relief to the structure that resulted in lowering of the lagoon level about one inch. Further observations made of the saturated field (the field furthest from SR 1131) revealed that waste had entered an adjacent drainage ditch. This discharge was believed to have occurred the previous day. Waste from the previous days' irrigation is believed to have migrated down slope to a waterway in the field and was conveyed to the ditch. Upon notification of this matter Carroll's personnel and the farm employee blocked the ditch and contain the waste in a small area. Another dam was placed approximately 600 to 700 feet down the ditch at a crossing. The second dam was installed as a backup to the first to ensure that waste would not leave the site. It should be noted that the discharge observed in the ditch is not believed to have reached surface waters due to the manner in which the aforementioned crossing was constructed. The discharge of waste into the drainage ditch is considered a violation of the permit. After telephone conversations'with the owner, DWQ acknowledged that pumping and hauling of waste, to a suitable site, was the only feasible option due to wet field conditions, lack of alternate land nearby, that freeboard levels remained in.the structural portion of the lagoon and that local weather forecasts predicted more rain. At the time of the meeting with the owner on January 29, an attempt was made to determine the reason for the high freeboard level. Please note that no records for irrigation could be produced at this time as required by the General Permit Condition I. Performance Standards: 4. " A Copy of this General Permit, CBC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition Mr. Bullock February 9, 1999 Page 3 of 5 and records shall be maintained in an orderly fashion.". In addition there were no weekly freeboard levels for the lagoon which is required by the Permit Condition 111.: Monitoring and Reporting Requirements: 2. " Waste Iagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ.". Another inspection of the farm was conducted February 3, 1999 to check the level of the lagoon and the condition of the application fields due to additional rains received in the area February 1, 1999. This weather event reportedly produced an additional 1.5 inches of rainfall that was added to the already saturated fields and the lagoon. The lagoon freeboard level at this time was observed to be 14 inches. The application fields appeared to be saturated and it was noted that there was a substantial increase in the amount of water in the area previously identified as having received the waste runoff. Waste was still observed in the ditch and had not been removed as requested by DWQ staff. Staff was informed that a terragator was to begin removing the wastewater that day. The Division of Water Quality requests that the following action be performed: 1. Immediately lower and keep the level in the lagoon to the required freeboard level called for in and in keeping with the CAWMP. 2. If not already accomplished, please immediately remove the wastewater that entered the ditch referenced in this notice and apply the waste on an approved site in accordance with the CAWMP for the Bull Run Farm or, if necessary, on another approved site. Please contact your technical specialist as assistance is warranted. 3. Please provide this office a copy of all irrigation and freeboard records for this farm for the period January 1, 1998 to February 5, 1999. 4. Consult with a technical specialist to modify or replace the current lagoon marker in order to accurately reflects the low point of the lagoon dike/dam, the appropriate minimum freeboard level contained in the CAWMP, and all other critical levels necessary to properly operate the lagoon system. 5. Please provide a summary of any and all discharges or runoff that have ever occurred from this facility either from the lagoon, confinement barns or spray fields. 6. Please provide information outlining when the existing irrigation system was completed. 7. Please provide a plan of action to keep the facility freeboard level down to the level called for in the CAWMP and permit. Mr. Bullock February 9, 1999 Page 4 of 5 Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past- or future violation. 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. You are hereby notified that based on the above the Fayetteville Regional Office of the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Quality. If you have an explanation for these violations that you, or your representative, wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before February 19, 1999. In addition to the written explanation requested above, you may wish to schedule a "Show Cause Meeting" with this office. Show Cause Meetings are offered to allow for a "in person" presentation of information that would show cause to this office not to proceed with enforcement actions. If you wish to have a show cause meeting please bring the information requested above to the meeting for discussion. If you wish to scheduled a show cause meeting please contact Mr. John Hasty of this office on or before February 15, 1999. We have scheduled February 19, 1999 at 2:00 p.m. as a possible meeting date. If no meeting is desired please forward the requested information to this office by February 19, 1999. 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. Bullock February 9, 1999 Page 5 of 5 If you have any questions concerning this matter, please do not hesitate to contact Mr. John Hasty, Environmental Specialist or myself at (910) 486-1541. Sincerely, 1 Paul E. Rawls Regional Water Quality Supervisor cc: Denise Ramsey, DWQ Audrey Oxendine-DSWC Fayetteville Office Parks Blake, Harnett County SWC Carroll's Foods-Laurinburg Office FRO CAFO Enforcement Files FRO CAFO Facility File 43.32 Central Files -Raleigh Division of Soil and Water Conservation ❑ Other Agency Division of Water Quality Routine O Com laint O Follow -u of D1- ( ins caution. O Follow -u of DSWC. review O Other Date of Inspection Facility Number 2- Time of Inspection i 24 hr. (hh:mm) 0 Registered kCertitied © Applied for Permit © Permitted © Not Operational Date Last Operated :.......................... FarmName: .....8.. ll....tlN .....................1111..........1111.1111...`g,C'.!!1........ .. County:..., .....,. "! E' ...................1.11.1 ......... I............. Owner Name:_8..T':.k.A.......................... .. `� I19.. .JC ... Phone No: Jr~Jr z.. ....1..Q.�.V ........................... (� y .,.j..... 1111 S,r . ............. .................... ..,.,............ 1111 Facility Contact: .............. Xk ..L..}4 -s.. Ahc"..h.................... Tit.le:....(O.W. K..4� 1 ............................... Phone No:...., �r4�:,,,jL.,.................... p� Mailing Address: ,................ .............................................................. .44 .e.rK1,...PL�L.`4' �...... .,l.P..Ll... 1111... %..�i � ) ..�.,.�..... Onsite Representative:........................................................................................................... Integrator:....4�17 .P..L.i z.......................................... Certified Operator:............................................................................................................... Operator Certification Number, Location of Farm: Latitude �6 4� Longitude ' 6 44 Wean to Feeder ❑ Layer ❑ Daiq Feeder to Finish ❑ Yes Non -Layer 2. Is any discharge observed from any part of the operation? ❑ Yes l ❑ Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No Farrow to to Wean ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? ❑ Other d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes Farrow to Feeder f � � Capa� Farrow to Finish 4. Were there any adverse impacts to the waters of the State other than from a -discharge? ry U.2 'a, E� � Total K 4 4 R g Desrlgn Total SSI Gilts Soars Subsurface Drains Present J1EI Lagoon Area I❑ Spray Field Area Ng f� No Liquid Waste Management System . General 1. Are there any buffers that need maintenance/improvement? ❑ Yes No 2. Is any discharge observed from any part of the operation? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water? (if yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes No 4. Were there any adverse impacts to the waters of the State other than from a -discharge? ❑ Yes No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes o mai ntenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ YesrNo o 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes 7/25/97 Continued on back Facility Number: 3 — Z 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (I aeoons,Iioldina Ponds. Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure l Structure 2 Structure 3 Structure 4 Identifier: Freeboard(ft) ......................................................................................................................................... 10. Is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12, Do any of the structures need maintenance/improvement? ❑ Yes No ❑ Yes �No Structure 5 Structure 6 ...................................................... ❑ Yes No ❑ Yes o ❑ Yes No T' ;5 0.V%. e t j - r✓>+� 4X -VA. i n�5 J 0 7/25/97 Reviewer/InspectarN:Itne Reviewer/Inspector Signature: Dale: — (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes No Waste_ Application 14. Is there physical evidence of over application? ❑ Yes #No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 0. 15. Crop type .... Ltoa.s. ...i�.et !!'1 Q.....J .. ........... .. ....................... 16. Do the receiving crops differ with those designated i the Animal Waste Management Plan (AWMP)? ❑ Yes No IT Does the facility have a lack of adequate acreage for land application? ❑ Yes No 18. Does the receiving crop need improvement? ❑ Yes No 19. Is there a lack of available waste application equipment? ❑ Yes No 20, Does facility require a follow-up visit by same agency? ❑ Yes No 21. Did Reviewerllnspector fail to discuss review/inspection with on-site representative? ❑ Yes to No 22. Does record keeping need improvement? ❑ Yes KN 0 For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ YesJN o 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? . ❑ Yeso 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yeso No.vio'litions-or. de'rkiencies.were:ho'ted,duringthis:visit.•You.will receive:no.firiKer : correspbndekO Aboid this. visit.,',', T' ;5 0.V%. e t j - r✓>+� 4X -VA. i n�5 J 0 7/25/97 Reviewer/InspectarN:Itne Reviewer/Inspector Signature: Dale: — RECE11'., DOGWOOD FARMS, INC. P O BOX 49 CLINTON, North Carolina 28329-0049 February 2, 2000 Attn: Jeffery Brown Division of Water Quality 225 Green St. Suite 714 Fayetteville, NC 28301 Dear Mr. Brown: FE3 4 2000 REGp� �E !CE I am writing this letter to comply with the BMP's established on January 28, 2000. 1 have put together a plan of action to deal with the high lagoon levels for each of the lagoons in your region. The lagoons that I have prepared plans for are Dogwood Farms S-1, S-2, S-5, S-6, Buffalo Ridge Farms, and Bearskin Nurseries #3. These plans will be sent with this letter. Thank you for your assistance in this matter. If you need to contact me for any reason, I may be reached at (910-592-2104 ext. 317 or 910-596-7647). Sincerely, BryaTlpell 1 Nutrient & Structure Technician Plan of Action to Address High Lagoons Dogwood Farms S-5: Step 1) We have moved an additional pump and two reels so that we can move three times the amount of water than we usually do. This will allow us to lower the lagoon level much quicker and by not exceeding agronomic rates. THREE B FARMS, INC. 170 E. Illinois Southern Pines, NC 28386 Mr. Paul Rawls NCDENR 225 Green St. Suite 714 Fayetville, NC 28301-5043 Dear Mr. Rawls, REC€lV,Ep FEB 18 1999 FgyY7TEVI REQ. OFFICE This letter is in response to your Notice of Violation letter dated February 9, 1999. There are several factors that created the situation during which the violation occurred. I will try to explain what we are doing or have done to amend the situation, in this letter. Bull Run farm has been stocked for less than a year. In late August of 1998 we had approximately 27 inches of freeboard. At this time we started accepting bids from contractors to install our irrigation system. Upon acceptance of the bid we gave the contractor a time line in which the job was to be started. After three weeks and several phone calls later, the contractor informs us that he can't do the job. We then hired another contractor during the first part of October. He was able to complete the job in mid-October. The freeboard at this time was approximately 25 inches. In mid-November the alternator broke on our pump. It took 2 weeks for the part to come in and repairs to be made. On our first attempt to spray with the new alternator it broke again. After we had repairs made for the second time, we were able to spray only twice before it broke again. We had another 10 days delay before we finally solved our pump problem and were able to spray again. At this time our freeboard level was approximately 19 inches. Weather kept us from spraying very much but both my managers were under instructions to spray when weather conditions allowed. After several heavy rains the freeboard level raised to the point at which Mr. John Hasty observed on his visit. Since that time we have taken drastic measures to rectify the situation as per Mr. John Hasty's recommendations. These steps are as follows: 1: 2 days of pumping and hauling (approximately 261,000 gallons removed) 2: 3 days of terragating to remove waste from the ditch 3: We have been able to make short, fast sprays without runoff (in areas pointed out by Mr. Hasty) 4: We are selling the farms and asked Carroll's to remove as many animals as possible. To date approximately 1800 have been removed with the balance to be removed by March 11, 1999. 5: If large rain events occur we stand ready to pump and haul again. 6: All pits have not been pulled to keep additional waste from entering the lagoon. We feel that we have the situation under control and will have 19 inches of freeboard of better in less than 2 weeks (weather permitting). We currently have 17 inches of freeboard. There has never been discharges of waste from the farm site. My brother, until recently, has been keeping the spray records. At the time of Mr. Hasty's visit the records were in his car. (He intended to give them to me) I have enclosed a copy of those records. We are willing to work with NCDENR in any way to ensure the integrity of the farm and the waste utilization thereof. We never intended for this situation to occur and are committed to making it right. Please notify me if I can provide anything else to assist you in this matter. Sincere &. 7 - Thad Bullock VP Bull Run Farms State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr•T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED DOGWOOD FARMS, INC. PO Box 49 CLINTON NC 28329 Dear Dogwood Farms, Inc.: t1dR 2 3 2000 FgyE'REI/I REG. OFFICE A�- MOiA - 0 I a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL: RESOURCES March 20, 2000 Subject: Notice of Violation and Revocation for Nonpayment Dogwood Farms, S-5 Permit Number: AWS430032 Harnett County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 12/30/97. Your annual permit fee for the period of 12/30/99 - 12/29/2000 is $300.00. Your payment was due 2/2312000. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 16I7 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely e Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Harnett County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dogwood Farms, Inc. PO Box 49 Clinton, NC 28329 SUBJECT: NOTICE OF DEFICIENCY Dogwood Farms #S-6 Facility No. 43-32 Permit No. AWS430032 Harnett County Dear Mr. Sir: On February 2, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 13 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard.". The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Parks Blake, Harnett County NRCS 223 GREEN STREET, SUITE 714 1 SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 _ PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER W ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arliole Addressed to: Dogwood Farms Inc PO Box 49 Clinton NC 28329 2. Article Number (Cop from service label) Z 160 988 513 A. Received by (Please Print Cie") I 13, Cate of Delivery C. Si X ❑ Agent it -s �, Yr.�4�✓ ❑ Addressee D. Is delivery efdress a fferentTrom Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type �] Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extfa Fee) ❑ Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 III E DOGWOOD FARMS, Inc P O BOX 49 CLINTON NC 28329-0049 June 15, 2000 Attn: Robert F. Heath Division of Water Quality 225 Green St. Suite 714 Fayetteville, NC 28301 Dear Mr. Heath: RECEIVED l "1 V 2 2 2000 FAYETTOAU. REG, OFFICL. This letter is in reference to the Notice of Deficiency that was issued to Dogwood Farms S-5 on May 27, 2000. The Notice of Deficiency makes reference to animal waste that was ponded on the edge of the land application fields that was probably from a leaking irrigation hydrant. The letter requested that we evaluate the irrigation system to determine if a problem exist and to correct the problem if necessary. An evaluation of the inigation.system at Dogwood Farms S-5 discovered a slowly leaking air vent that was the cause of the"ponded water. The faulty vent has been repaired. If there is anything else that I can do to assist you please feel free to contact me as soon as possible. Thank you for your assistance in this matter. Sincerely, B'k--L-- . Spell Environmental Specialist NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 27, 2000 C-ERTIFIED MAIL C_► t 11 1 1 9 fin 1 i Dogwood Farms P.O. Box 49 Clinton, NC 28329 att: Mr. Bryan Spell SUBJECT: NOTICE OF DEFICIENCY Dogwood Swine Facility S-5 Registration No. 43-32 Harnett County Dear Mr. Spell: On May 15, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Dogwood Swine Facility S-5. It was observed that animal waste was ponded in a ditch adjacent to the spray field probably from a leaking irrigation hydrant. In regard to the deficiency noted during the inspection, the following actions are requested: 1. - Evaluate the irrigation system to determine if a problem exist and correct if necessary. Please notify this office on or before June 25, 2000 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. I 0 1 0 225 GREEN STREET, SUITE 714 1 SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486.1841 FAX 910-486.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE1D110% POST -CONSUMER PAPER k Mr. Bryan Spell Page 2 May 27, 2000 r If you have any questions concerning this matter, please call Robert Heath, at (910) 486-1541. Sincerely, '/ Robert F. Heath Environmental Specialist cc: Central Files Trent Allen - FRO DSW Parks Blake - Harnett Co. MRCS L North Carolina Department of Environment and Natural Resources 1• Division of Water Quality rwNP Fayetteville Regional Office Michael F. Easley, Governor NCDENR Willialn G. Ross, Jr., Secretary Kerr T. Stevens, Director July 3, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Premium Standard Farms of N.C., Inc. Attentiornf Jeremy Hill RO.Box 349 Clinton, NC 28329-0349 SUBJECT: NOTICE OF DEFICIENCY Premium Standard Farms of N.C., Inc. Farm: S-5 Facility No.: 43-32 Harnett County Dear Mr. Hill: On June 5, 2001, staff from the Fayetteville Regional'Office of the Division of Water Quality conducted inspections of Premium Standard Farms in Harnett County. The inspections revealed that over -application had occured on the winter overseed and outside the approved windows for application under the 100 rate plan at the facilities noted above. It was also noted that the application fields for these farm's need work to control weeds to keep from harming the primary crop of bermuda hay. These are violation's of your CAWMP and the farm's General Permit Condition III.61, which states in part that Regional notification is required in the event of over application. In regard to the deficiency(s) noted during the inspection, the following actions are requested: Work on weed control in application fields. 2. Make sure that the over -application of nitrogen is avoided in the future. 3. Make sure that the proper application windows are used. 4. Report any over -application to the Regional Office as required by the farm's General Permit. Please provide a written response to this office on or before July 17, 2001 as to the actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should betaken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from this deficiency. 225 GREEN STREET-- SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PILONE(910)486-1541 FAX(910)486-0707 WWW.ENR.STATE.NC.US/ENR/ AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Hill 7-3-01 Page 2 If you have any questions concerning this matter please contact'Paul Sherman at (910) 486-1541. Sincerely, NI. Paul Sherman Environmental Engineer cc: .,Sonya Avant -Compliance Group , Trent Allen-DSWC Fayetteville Office Parks V. Blake -Harnett Co. NRCS ,Central Files -Raleigh S J, . s I c Y' 8 l 9:5 :� k ; r „ r ,i , •at.', t ,� P,11� , 1 •-•r re.� °`�� e, -.. )., ... �' k i k ..�, . -i t{ 'h. l.'� �}. • I -➢. I. ^4 .. ,YfiY .. � N(Jl,xi4 , � .�• C'l�iJ' EI Er., _. a � �` d}.- Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access F-bacility Number 43 32 Date of Visit: 6/5/20111 Time: 8:30 Printed on: 6/26/2001 �...a. Not Operational Belo.v Threshold ®Permitted ®-Certified © Conditionally Certified [3 Registered Date Last Operated or Above Threshold: ...................... FarmName: S.-S.........................•.,......,...,.......:..........................................•............,............ County: Rarngtt............................................. FRO Owner Name: ................................................... ......... Phone No: 01.00.591-2.104 ................................. Mailing Address:ax..39.9........................... ...... Glint011' 1G................................. .•...... U.32,9 .............. Facility Contact: ....,.•.............. ............'I itle:.................................... I ............................ Phone No: ....................... I .......... ................... Onsite Repre.jentative: aereptly..Hi.ll....................................... ..... ., Integrator: VO tY.t1.Rf�.k�CfIIZS...................... Certified Operator:,,kY.illi;4M.................. .:.............• fW1115o .............................................. Operator Certification Numher:2.03.3Z ............................. Location of Farm: Take NC 27. west from Lillington. Go to SR 1131 and travel south approx. l miles. Turn left (east) on farm path, farm is approx. 112 mile east 35 21 57 Longitude 78 S2 21 ®Swine' [I Poultry [I Cattle [I Horse Hvrsa 0� �` �" g Design Current Design Current Design Current Swine Capacity population Poultry Capacity population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer JE1 Dairy ❑ Feeder to Finish 1r71 Non -Layer ❑ Non -Dairy ® Farrow to -Wean 2400 ❑ Farrow to Feeder ❑ Other ❑ FatTow to Finish Total Design Capacity 2,400 ❑ Gills . Total SSLW 1,039,200 C]Boars Number of Lagoons L_ ° _J ❑ Subsurface Drains Present JrEl Lagoon Area ❑ Spray field Area Holding Ponds 1 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, what is the estimated flo�v in gal/min? d. Does discharge bypass a lagoon system? (Il'yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Stricture 1 Stricture 2 Struciure 3 Structure 4 Stntcture 5 Identifier: ................................... ...... Freeboard (inches): 32 05/03/01 ■ t -q ❑ Yes ® No ❑ Yes ® No NIA ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Structure 6 Continued `"' Aty Number: 43-32 Date of Inspection 6/5/2001 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 ❑ Yes ® No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application'? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface. of the lagoon? ❑ Yes ® No 30. Were any n-pjar maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do -the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Add ition a' ornments.an or- swings: ti w 05/03/01 June 16, 2001 PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. P.O.BOX 349 CLINTON, NC 28329-0349 FAX: 910-299-3016 Paul Sherman 225 Green Street Suite 714 Systel Building Fayetteville, NC 28301-5043 ENR -FRO .,. 1. JUL 18 20, t Subject: Response to S5 Deficiency dated June 5, 2001. Facility Number: 43-32 in Harnett County. Dear Mr. Sherman: DW This letter is in response to the NOD issued to S5 dated July 3, 2001 as a result of the June 5, 2001 inspection. 1. Work on weed control in application fields. Since the June 5`h inspection all the fields at S5 have been sprayed for weeds. There are still some weeds present and therefore the farm has been scheduled for a second round of spraying within the next few weeks. The new Bermuda sprigs are starting to grow nicely and provide competition to the weeds as well. 2. Over -application of nitrogen All records are now kept on state IRR 2 forms and faxed into the office weekly to be updated in the computer system so that any miscalculation on the IRR 2 forms will be caught and corrected in a more timely fashion. In addition, all of our land application people have now been through the 2 -day O.I.C. certification classes. 3. Proper application windows S5 nutrient plan will be revised using the normal 50 Iblacre overseed amount. Due to the number of acres on this farm, the plan will also have a 100 lb/acre option written into the narrative (the narrative will address the proper NRCS windows for the 100 lb rule), which we will most likely use this year because of the volume currently in the lagoon. 4. Over -application reported to Regional Office Even though future over -application is not anticipated, we will notify DWQ of any overages. If you have any questions please do not hesitate to contact me at (910) 299-3024. Sincerely, Jeremy D. Hill Environmental Compliance Manager Presta g a Farms Inc. �... tt t �'ti"Fl.y'7 S 7�j-\ July 29, 2010 �..L' Mr. Robert Marble Environmental Specialist NCDENR-DWQ Fayetteville Regional Office Re: Notice of Deficiency for Facilities P-11 #82-511; Dan C. Bowden Farm #82-185; Thornton Swine Farm Bldgs. 1-8 & New Farm #82-47; P-62 #43-32; P-60 #43-20; Px-10 #9-139; P-15 #9-140; Herbert G. Bowden Farm #82-186 Dear Mr. Marble: This letter is to inform the. NCDENR-DWQ Aquifer Protection Section that all lagoon levels at the above facilities were lowered to the required freeboard level within 30 days of POA submittal date. Lagoons were lowered using Best Management Practices and applying effluent at agronomic rates. Please contact me should you need additional information. Sincerely, 101 Ran y Barefoot Director, Land and Nutrient Management HIGHWAY 421 SOUTH • P. O. BOX 438 - CLINTON, N. C. 28329-0438 - PHONE (910) 592-5771 'k._r North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director AQUIFER PROTECTION SECTION June 28, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Prestage Farms, Inc. P-62 PO Box 438 Clinton, NC 28329 Subject: NOTICE OF DEFICIENCY P-62, Facility ##43-32 A W S430032 Harnett County NOD -2010 -PC -06951 Incident No.201000330 To Whom It May Concern: Dee Freeman Secretary On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Randy Barefoot of a high freeboard level the lagoon. We wish to thank Mr. Barefoot for notifying DWQ of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of the Swine Waste System General Permit No. AWG 100000. On January 26, 2010 a lagoon/storage pond level was documented at 16 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 One Phone: 91C-433-33001 FAX: 910486.07071 Customer Service: 1-877.623-6748 North Carolina Internet: www.h20.enr.state.nc.us Natura!!r� An Equal Opporlunity l Affirmative Aclion Employer Cont. Page Two June 28, 2010 P-62 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30_days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Ricky Revels or me at (910)-433-3300. Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Harnett County Soil and Water Conservation District NCDSWC-FRO DRO om Iiance Aniirial-Files Prestage Farms, INC.