070061_ENFORCEMENT_20171231

NORTH CAROLINA �
Department of Environmental Quaff

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 15, 1999
Mr. Leaman Allen
L.H. Allen & Sons, Inc. Farms
3703 NC 99 Hwy North
Pantego, North Carolina 27860
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
L.H. Allen & Sons, Inc. Farms
Facility No. # 7- 61 & 7-65
Beaufort County
Dear Mr. Allen:
STATE o
dv w. r77.
Enclosed please find a copies of the Animal Feedlot Operation Site Inspections (as it is
viewed in DWQ database) conducted at the referenced facilities by the Division of Water
Quality from the Washington Regional Office. Please read these inspections and keep
with all other documents pertaining to your animal operation for future inspections.
In general, the inspection included verifying that: (1) the farm is complying with
requirements of the State Rules 15 NCAC 21-1.0217, Senate Bill 1217, the Certified Animal
Waste Management Plan and/or General Permit; (2) determine whether the waste
utilization plan is based on total or actual wetted acres; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator;
(4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or
runoff. The following deficiencies were observed during the inspection (s).
y In accordance with condition III, item 4 of your General Permit, an analysis of animal
waste shall be conducted as close to the time of application as practical and at least
within 60 days (before or after) of date of application. The analysis shall include the
following parameters: Nitrogen, Phosphorus, Zinc and Copper.
cp In accordance with condition 1II, item 2 of your General Permit, you are required to
record weekly lagoon levels on forms provided and/or approved by DWQ.
943 Washington Square Ma11, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer

Cont- Page Two
L.H. Allen & Sons, Inc. Farms
It 7- 61 & 7-65
9 At facility # 7-61, the lagoon levels in lagoon 2 & 3 are not ideal. It is recommended to
maintain a minimum of 12 inches in these lagoons at all times.
cp It is recommended to install a gauged marker in the lagoon I and the final lagoon.
cp It is not a good practice to dispose of old feed on the edge of the swamp. It is
recommended to find an environmentally sound means of disposal for old feed.
It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible.
For additional assistance, please contact your Technical Specialist. Nothing in this letter
should be taken as absolving this facility of the responsibility and liability of any
violations that have resulted or may result from these deficiencies. Failure to comply with
your Certified Animal Waste Management Plan and General Permit could result in civil
penalty assessment and/or revocation of your General Permit.
Thank you for your assistance and cooperation during the inspection. If you have any
questions, please contact me at 252/946-6481, ext. 318 or your Technical Specialist.
Sincerely,
Lyn B. Hardison
Environmental Specialist
Cc: Beaufort County SWCD Office
DSWC-WaRO (w/out attachments)
Compliance Group (w/out attachments)
W9.,Gentral Files
aRO
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An F q u a I Opportunity Affirmative Action Employer

Facility Number 7 (1
K Permitted 2 Certified [3 Conditional[} Certified [3 Registered
Iperation Resiew,
'ompliance Inspection
pectwn _-
-
r-uP of DSWC review
Q Other
Date of Inspection
Time of Inspection
3-599
1000 24 hr. (hh:mm)
O ISM O eralional
Date Last Operated:
Farm Name: L.ri.ABvn.&.flot43ac..S.as:Fana.._............................._..................._ Cuunh,: BravfAR........_................._.............. WYAB.O.._._
Oarer Name: Isamon................................. Ali tn.............................. _...................... ..... Phone No:252-9.35-5383011........_..__....._..............._._........
Facility Contact: Bry.m 1a1:1S................................................... Title: ........................ ..................... .._.._......... Phone No: 252-4.3�SL:U..CO1..............
Mailing Address: 3Z03.NC.9.9.11ighwayJY.otth......_.. ................ P.aMego-ISC... ...................................................... 27$.kU.............
Onsite Representative:&naa.RaTlt..._...................... ......_.._........ Integrator: ipdapeudcat.................................. _...............
........
Certified Operamn Br}an.IG................... DaYiS....._.......__...._._..._...... _........ Operator Certification Number: . ......................
Location of Farm:
Latitude 13_a738 "! 15 Longitude '.. 76 ' 37 FIE
-
Swine
to
Cattle Capacity Population
❑ Dairy
❑ Nou-Dairy
Form" to Feeder FO—Other
Farrow to Finish Total Design Capacity 1,350
Gilts
Boars Total SSLW F 584,550
Number of Lagoons 1 2 jLJ Subsurface Drains Present J0 Lagoon Area J0 Spray Field Area
Holding Ponds / So0d Traps E� ❑ No Liquid Waste Management System
1. is any discharge observed from any part of the operation?
❑Yes
$l No
Disohnree mieiuned aC ❑ Lagoon ❑ Spray Field ❑ Other
a If discharge ae the conva:anee mnn-made"
❑ Yes
Z No
b. Ifdischa o- is ob,wrvid did it reach Water of the State? (li'yes. notify DWQ)
❑ Yes
® No
c If d,s harcc is ob,,r, d. wh.,t I, the estimated limy in e:d;ntin,
n/a
d. lloes dischome bvpassa la�oou sy,aem'llfves. noidyDWUI
❑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 Slate other than from a discharge?
❑ yes
R No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑Spillway
Yes
❑ No
SIM, tare l Struetme 2 $naerro, I Snvenue 4 Strucnne 5
Swcmre(,
Idenofier....... #.1.Lhnneb:l.............#.1.tsohds)...._........@.3_(solidi..........#.L. =ycliag)......_.....#.S.{sec_).._ ..... ........
#.h.(Snall........
Freeboard(niche,): .............. .............................fir'... 8ii........ ....... .............. 12::._........... ......... -... 35................ ..........
_3b.`...........
_.
5. Are there any immediatc threats to the ademiri' of avv of the s,McImes observed? (ie/trees, severe erosion,
El yes
X No
seepage, etc.)
7 /fi/99
Cnrefinued
nn hoc"

Facility Number: 7-61 bale or In%pertnm
6. Arc: there structures on -site Which are not properhaddressed and/or managed through a Haste management or
' closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenancelimprovement?
9. Do any stuctures lack adequate_ gauged markers with required maximum and minimum liquid level
elevation markings?
Was a Antnlieatian
10. Are there any buffers that need maintenance/improvement?
11. 1s there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type ......GQztx..olk?cs
3-5-93
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
❑ Yes
®No
❑Yes
®No
13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
15_ Does the receiving crop need improvement?
16- is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility- fail to have all components of the Certified Animal Waste Management Plan readily_• available?
(let WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (iel 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?
❑ No violations or deficiencies were noted.during this.visit.- You will receive no further
correspondence about this' visit
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes No
❑ Yes ® No
Cammeiits,(refer.tu questivn_#j:;.Eaipliun_any;YES answers aiidlor ano,.rrovmmendai:laiii or:anv �athei cammen#s� �= a���;' `��z,�'
Use drawm s of far' to bct#er ez lain sntuatitins`. use additiviial f �es as necssa -- ===' `°_
4 19 - Need to secure waste analysis with 60 days of application. Suggest to collect samples quarterly'.
# 4 - The lagoon levels of the L2 & L3 are not ideal. Recommend to maintain a minimum of 12 inches.
# 9 - Could not read the marker in lagoon one (under the water level) and the marker in the final lagoon is difficult to read because the
lagoon design information does not indicate where the temporary storage elevation should be or even if the 24 hr, 25 yr storm events
from the others lagoon are included in the final lagoon. There are plans to install new markers which is a good idea.
irrigation records are satisfactory. The general permit requires you to record weekly freeboard levels -
DO dispose of old feed in the swamp, ditch or any waterway -
Continue to work on the low areas on the dike walls. Need to begin pumping as waste plan allows as soon as weather permits.
\J
­�=-
Reviewer/inspector Name Lvn B: tson�
Reviewer/Inspector Signature: Date:

Division "Suit and Water Conservation - Operation Review I
s QDnvion otSoil and Water Conservation- Compliance Inspection
® Division of Water QualitS - Compliaoce Inspection
17 Other Agency - Operation Review
Routine O Complaint O Folio, -up of DWQ inspection O Fr Ilr w- p if DSR'C O Other
Facility Number 7 65 C pc 3-5-99
I I Date Ins dion
Time of Inspection 1540 24 hr.(hh:mm)
Permitted Certified Q Conditionallc Certified E: Registered 0 Nut O crational Date bast Operated:
............. . ...........
Farm Name: L.H.ABao.&.SuA..Inc...-.FinishiuC.................... _........................._...... Counts: Beaufort ................. ._....................... WAHO.......
Owner Name: IRamon..... __......................... Allen. ............ -................... - ............. _......... Phone No: 252-9.35-53.8i.....................
.....................................
Facilit, Contact: Bq:a4.Dalas........ ........................................... Titlo:._..........................__............................... Phone Nu: 25z-.U,5rS1501.Q1...............
Mailing Addre,: 3.7.831YC.99.71ighxAtilllaeth............._.............................. Paxacgo-NC..... .............................. ........__........... 27.850..............
Onsite Repecsentathe: B.r1'an.D.ax'is.................. ........__..................... .................... ......... Integrator: indeRend.¢AS......................................_....................
Certified Operator:$y?an%.............................. Davis ............_................. ............ _.. Operator Certification Number: 18.839..............................
Location of Farm:
Latitude I 35 ! DOI.
Swine Canaelh. panal.K.
® Wean to Feeder
3500
3500
® Feeder to Finish
1 12000
12000
❑ Farrou, to Wem
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Roars
Longitude! 76 !' 38 70
Cattle Capacity Population
❑ Dam —Tl--I
��Nov-Dain'�_ I
❑ Other
Total Design Capacity
Total SSLW
Number of lagoons 0 Subsurface Drains Present ❑Lagoon Area
Holding Ponds / Solid Traps f No Lipoid Waste Mana._ement System
1. Is anv discharge obsened from any pan of the operation?
Diachnr,�e odomaied at ❑ Lagoon ❑ Spray Field ❑ Other
a. IC dinchatpe is nbsclecd seas the con,esamk man-made'.'
h_ If discharge is o1,cn'ed. did it reach \Dater of the Slate" (lf,es. m,if, DWQ)
e I1 dischahe ti ohs::nad. schat is the csim,mcd 11... in ealimul?
d. Do— discharge b,pas a la9oou s,mtcin" (If%c, noiihDWQ)
2. Is there evidence ofpst discharge from anc parr of the operation?
3. Were there anv adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
R`asie Collrction & Ircatmcnt
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
StrucmreI Strucuir,2 SVncRnc3 Structure Stm-Aue5
Idanifiier:...............k..1............... ............... #.2............... ............... #3........ ..... ............. .k..A................................_.
..................
Freeboard(iuches): - .............. 12.......... _...._............. 12":....._....... .............. 121:.._.......... ................
._................ .
5. Are there my immediate threats to the iDWeXity of any of the structures observed? (ie/ trees. severe erosion.
1/6/99 seepage. etc.)
15,500
1,725,000
Spra, Field Area
Ej Yes ® No
❑ Yes @ No
❑ Yes ® No
u/a
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Structure 6
❑ Yes ® No
C,md ..d nu hack-

Facility Number. 7-65 Daic p! Inspection
}�99
6.
are,
Are there structures on -site which anot properly addressed and/or managed through a waste management or
' closure plan?
El Yes
®No
(If any of questions 4-6was answered yin, and the situation paves an
immediate politic health or environmental threat, notify DWQ)
7.
Do any of the structures need maintenance/improvement?
❑ Yes
®No
8.
Does any part ofthe waste management system other than waste structures require maimemove/improvement?
❑ Yes
®No
9.
Do my smetmes lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
®No
!4'aste
Anplicatinn
10.
Are there my buffers that need maintenancefimprovemenl?
❑ Yes
®No
11.
Is there evidence ofover application? ❑ Excessive Pending ❑ PAN
❑ Yes
®No
12.
Crop type..__.Crnn..SaY.kCdaS...V.111ea2.......__........_................_.___............__......._.........._...__..._......_.......—...__............_.........._.......__......_............
13.
Ili the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAMP)?
❑ 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
li.
Does the receiving crop need mprovemeut?
❑ Yes
®No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
®No
Reouired
Records & Documents
17.
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
®No
I&
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
®No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste maysis & soil sample reports)
®Yes
❑ No
20.
Is facility not in compliance w ah any applicable setback criteria in effect at the time of desigu?
❑ Yes
® No
21.
Did the facility fail to have a actively certified operator in charge?
Yes
®No
21.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
®No
23.
Did Reriew"Anspector fail to discuss reviewlmspection with on -site representative?
❑ Yes
®No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
®No
25,
Were my additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
®No
0
No violations or deficiencies -were noted during this visit You will receive no further
.correspondence about this: visit .. ..... ..... _ .. .
19 -Need to secure waste analysis with 60 days of application. Suggest to collect samples quarterly. The general permit requires you
record weekly freeboard levels -
he marker in the final lagoon is difficult to read because the lagoon design information does not indicate where the temporary storage
nation should be or even if the 24 hr. 25 yr storm events from the others lagoon are included in the final lagoon. There are plans to
stag new markers which is a good idea.
rieation records are satisfactory. In the revised waste plan the allow PAN is lower that what was illustrated in the old plan.
you have any questions, pl. contact me at 252-946-6481, ext 318.
Resiewer/fuspector Signatu

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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
LEANmN ALLEN
3703 NC 99 HIOHwAY NoRTx
PANTFGo NC 27860
Dear Leamon Allen:
4 0 •
�--
NCDENR
NORTH CAROLINA DEPARTMENT OF
ERvIRcNM}p}E��`NT AND NAruRAL RESOURCES
EL 32-T � ,1�yLwq� L I v ai
March 5, 2002
'IAR -- 7 2002
DWQ-WARD
Subject: Notice of Violation and Revocation for Nonpayment
L.H. Allen & Son, Inc. Sow Farm
Permit Number: AWS070061
Beaufort 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 12/14/1998,
Your annual permit fee for the period of 12/14/2001 - 12/13/2002 is $150.00. Your payment was due 211412002.
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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
cc: Non -Discharge Branch Compliance/Enforcement Unit
CWashington Regional -Office"
Beaufort County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper

t
N
608 415
wice
for Certified Mail
+n -ZAMON ALLEN
L ' H - ALLEN & SONS I UC FARM
3703 NC 94 HWY NORTH
PANTEG4 NC 27860
Postage
CeVied Fee
1 LJ D
Special Delivery Fee
Restricted Delivery Fee
Retum Receipt Showing to
Whom 6 Date Delivered
Return Receipt &oAV to Wlwr,
Data, d Addressee's Address
TOTA t?vSt�ge d Fees
r
PoMm ark drDate ❑+

UNITED STATES POSTAL SERVICE �t.(3Tees�ald
r PKMA {,
■ Print your name, address, and ZIP Code in this box 0
N.C.Department of Environment
6 Natural Resources
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
�� �ii!l�113l��Fl�F�Iliil1�111l��!}ill!!}�iEl}�l�l�}Elill�El�l}i�

p SENDER: -- • -
I also wist•i to receive the follow-
v, o Complete items t andfor 2 for additional services.
ing services (for an extra fee)
0 Complele items 3, 4a, and 4b.
r3 Prins your Warne and address on the reverse of Oft form so that we can return this
card to you-
1. ❑,Add ressee's-Address .
` a Attach this term to the frond of the mailpiece, or on the hack if space does not
..-
�• p Rastricted Delivery
m permit.
r] Write 'Return Receipt Requesfad' on the mailpiece below the article number.
= t] The Return Receipt will show 10 wf•iom the article was delivered and the date
p delivered.
0
IiR LEAMON ULEN
L H AT-LEN & S0r1S INC FARM
3 703 NC 99 H1,1y. NORTH
PANTEGO NC 27860
By:
4a. Article Number _
4b. Service Type
❑ Registered *Certified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7 r)afe f nmiu - —
8. Addressee's Address (Only if requested and
lee is paid)
3811, December 1994 102595-99-a-0223 Domestic Retum Receipt