080013_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles WaUd, P.E. Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
June 5, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7011 0110 0000 9947 6015
Mr. Harvey Ginn
1229 NC 305
Aulander, North Carolina 27805
RE: Notice of Violation
Tri-G Farms, Facility Number 08-12
Permit NO. AWS080012
6ertie County
NOV# NOV-2012-PC-0203
Dear Mr. Ginn:
On April 30, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection
Section (APS) conducted a routine compliance inspection of Tri-G Farm. The onsite
visit documented a failure to complete an annual sludge survey for 2011.
As a result of this inspection, 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.
AWG100000 that you are covered to operate under. Specific violations are as follows:
Violation 1:
Failure to conduct a survey of the sludge accumulation in all lagoons every year for
this facility in accordance with Condition III. 19. of Swine Waste System General
Permit No. AWG100000.
North Carolina Division of Water Quality Internet: www.ncwaterguality.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal opportunitylAffirmative Action Employer — 50%Recycledl10% Post Consumer Paper
NorthCarolina
Aawrally

Tri-G3 Farm
June 5, 2012
Required Corrective action for Violation 1:
Take all action necessary to conduct a sludge survey (yearly) and report on forms
provided or approved by the Division of Water Quality.
Failure to comply with conditions in a permit may result in a recommendation of
enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more than twenty-five thousand ($25,000) dollars
against any "person" -who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit under authority of G.S.143-215.6A.
If you have any questions concerning this Notice, please contact Marlene Salyer at
252-948-3846 or me at 252-948-3939.
Sincerely,
David May
Regional Supervisor
Washington Regional Office
CC' Keith Larick CAFO Unit
Murphy -Brown LLC
Bertie SWCD
DSWC - WaRo
MDS files

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DMSION OF ENVIRONMENTAL MANAGEMENT
August 23, 199S
TO: Dianne Wilburn
Facility Assessment Unit
THROUGH: Jim Mulligan, Supervisor
Washington R ional ON
THROUGH: Roger Tho , W eat r [duality Supervisor
Washington Regional Office
FROM: ,► Scott Tones, Environmental Technician
Washington Regional Office
SUBJECT: Loss of Deemed Permitted Status NOV
As Per 15A NCAC 2H .0217 (a) (1)
Russell Knowles Swine Operation
Bertie County
The purpose of this memo is to request thud the Russell Knowles Swine Operation be issued a Notice of
Violation for the loss of deemed permitted status as a result of a discharge of animal waste to waters of
the State. A summary of the investigation conducted on May 18, 1995, by Scott Jones, DEM staff, is
attached.
46

Animal Operations Inspection Form
1. Date of Inspection: May 18, 1995
2. Regional Office: Washington
3. Name of Property Owner: Russell Knowles
4. Name of Operator: Blount Knowles
S. Address: 1540 Woodard Road
Windsor, NC 27893
6. Phone Number: [phone]
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7. Description of facility location: The facility is located on NCSR 1500 which is commonly
known as Woodard Road in Bertie County.
8. Date the facility began operation: 01101 Js5
S. Date of last expansion: 1993
Explain: A new nursery house was added.
10. Has the facility registered with DEM? Yes
If yes, date registered? 11/16/93
11. Does the facility have an approved animal waste management plan? No
Is one required? Yes, 12/31/97
Date approved? NA
12. Has the facility received a CAFO Designation? No
If yes, date issued?
13. Type of operation [Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry,
breeders, layers, broilers, turkey production, etc.]: This facility is a swine farrow to finish
operation.
14. Number and type of animals: At the time of inspection, the operation housed approximately 2200
animals. According to Mr. Knowles between 200 - 240 hogs are topped out each week. Based
on the registration data submitted by Mr. Knowles, the farm has a design population of 4000
animals.
15. Length of time animals have been, are, or will be stabled or confined and fed or maintained
In any 12 month period: Swine are housed at the facility the entire year.
1s. Are crops, pasture, or post -harvest residues sustained In the normal growing season over
any portion of the lot or facility? Corn and cotton are grown on the acreage surrounding
the facility. 55 acres are dedicated for spray irrigation of waste. 55 additional acres are available
if needed.
17. Type of waste management [Examples: 1. type of confinement: free stall barns, sheltered
or limited shelter dirt lots, paved or dirt open lots, houses, or pasture; 2, type of waste
handling: direct spreading In solid form, slotted floor with lagoon or pit, single or multi -cell

-
lagoon, aerated lagoon, land application of liquid manure, spray Irrigation, stockpiling,
contractor disposal, etc.)? Swine are housed in a variety of houses including lush gutter, pit,
and slat underflush. Waste is collected in a large single stage lagoon. Water is recycled for
flushing purposes. Land application of waste is performed by pumping out of lagoon to center pivot
gun. Irrigation fields surround the operation.
is. Description of other animal operations In Immediate vicinity and proximity to same or other
surface waters: No other operations are known to be in the immediate area.
19. Proximity of facility to neighboring houses, wells, etc.: The closest dwelling is
approximately 500 feet north of the operation and is owned by the Knowles family.
20. Approximate depth of groundwater table In the area of the facility or discharge: Seasonal
high wetness condition andlor groundwater condition was estimated to vary between 12 and 48
inches over the entire site.
21. Proximity of faculty to surface waters (provide name and class of surface waters): Facility
and surrounding farm is connected by various drainage ditches to Swamp Creek which is tributary
to the Cashie River within the Roanoke River Basin. Portions of Swamp Creek border the lagoon
at the Knowles Farm.
22. Animal waste discharge Including photos and witness' names, addresses, telephone
numbers, and statements of fact): Please note the attached photographs for your reference.
Scott Jones, DEM staff, of the Washington Regional Office, [phone], was present at the
facility on May 18, 1995, and observed a discharge.
23. Are pollutants discharged Into the waters of the state? If so, How? (directly or by man-
made ditch, flushing system, or other similar man-made device): Waste was observed
seeping from the dike wall at several locations and flowing into Swamp Creek which is classified
C Sw within the Roanoke River Basin.
24. Do or have discharges occurred In response to a storm event of less than a 25-year, 24-hour
Intensity Of yes, Include a brief listing of Incidents and suspected causes): Discharge events
have occurred irregardless of rain events.
25. What Is 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? Knowles Swine Operation has
discharged animal waste into swamp Creek which is classified C Sw within the Roanoke River
Basin.
26. What Is the duration and gravity of the violation? A discharge was documented on May 18,
1995. Based on the type of discharge (seepage), this investigator believes additional discharges
have occurred for some time.
27. Water Duality Assessment: {Include description of sampling, field measurements, visual
observations and slope and vegetative cover of land adjacent to water, extent of rainfall and
other factors relative to the likelihood or frequency of discharge of animal wastes and
process wastewaters). The effect on ground or surface water quality or quantity or on air
quality. The discharge of this material to surface waters of the State has the potential to
compromise any aquatic life with which tt comes in contact. No Meld measurements were taken.
28. What is the cost of rectifying the damage? Negotiable
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29. What Is the amount of money saved by noncompliance? The expense for equipment and labor
•th properly maintain and operate the animal waste -management system has been avoided.
30. Was the violation committed willfully or intentionally? No. Explain: -The age and location
of the dike wall as well as the type of construction material have contributed to the seepage failure.
31. What Is the prior record of the violator In complying or failing to comply with programs over
which Environmental Management Commission has regulatory authority? This facility has
no prior record.
32. What Is the cost to the State for the enforcement procedures:
Staff Time (WARO): $118.56
Staff Time (Central Office) : $100.00
Mileage: $16.40
TOTAL- $234.96
33. Type or general nature of business? Knowles Swine Operation is a private business engaged
in agricultural production.
34. What Is the violator's degree of cooperation (Including efforts to prevent or restore) or
recalcitrance (stubbornness)? Both Mr. Knowles and his son were cooperative during the
investigation.
35. Are there mltlgating circumstances? No
36. Assessment Factors:
a. IWC: 100%
b. Receiving Stream: Swamp Creek (Class C Sw within the Roanoke River Basin)
c. Damage (YJN - If yes, include report from WRC) Not Applicable
37. Include a copy of any Designation letter signed by the Director. Not Applicable
38. Recommendations made to owner/operator. Mr. Knowles was advised that the discharge of
animal waste was a violation that would result in the loss of his farm's deemed permitted status.
Furthermore, the facility would be required to implement an approved animal waste management
plan.
39. Recommendations for further DEM action (Re -Inspect, NOV, Enforcement Action, Designate,
etc.): The Washington Regional Office recommends that the Knowles Swine Operation be issued
a Loss of Deemed Permitted NOV for this violation and be required to obtain a certified waste
management plan.
40. Other Comments: Mr. Knowles was aware of the dike wall failure and had contacted the local
NRCS office for assistance. By coincidence Claude Long, Pitt County NRCS, and several other
NRCS employees were present at the facility surveying the eAsting lagoon's capacity in order to
draw up plans for needed upgrades which include rehabilitating the area currently plagued by
seepage.

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Russell Knowles Swine Operation
Bertie County
May 18, 1995
Scott Jones
Russell Knowles Swine Operation as seen from
NCSR 15oo [Woodard Road] in Bettie County,
jRussell Knowles Swine Operation
ertie County
ay 18, 1995
Cott Jones
Lagoon which serves the Knowles Operation,

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State of North Carolina
Department of Environment,
Health and Natural Resources 4`
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E) C F1
A. Preston Howard, Jr., P.E., Director
August 23, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russell Knowles
Russeil'Knowles Swine Operation
1540 Woodard Road
Windsor; NC 27893
SUBJECT: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION
As Per 15A NCAC 2H .0217(a) (1)
Russell Knowles Swine Operation
Berfie County
Dear Mr. Knowles:
Animal Operations in the State have been deemed permitted by the Division of
Environmental Management in accordance with Title 15A of the North Carolina
Administrative Code, 2H, Rule .0217. An individual non -discharge permit is not required
if certain criteria are met. A major requirement to be deemed permitted is that there must
not be a discharge of any wastewater from the operation to the waters of the State.
This letter transmits a Notice of Violation and notification that your animal operation has
been found discharging wastewater to the surface waters of the State and is therefore no
longer deemed permitted as a non -discharge facility under 15A NCAC 2H .0217.
Therefore the existing wastewater treatment system serving your animal operation is
currently being operated without a permit as required by North Carolina General Statute
143-215.1.
On May 18, 1995, wastewater was observed in Swamp Creek adjacent to your facility.
This tributary is classified C Sw within the Roanoke River Basin. DEM Water Quality
Staff initially observed wastewater seeping from several points along the toe of the dike
wall which borders Swamp Creek, surface waters of the State. No other animal
operations are located within the immediate area of this tributary. Photographs were
taken indicating that a discharge event had occurred.
1
PD. Box 29535, Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 109% posf-consumer paper

If you wish to be reconsidered for coverage by the deemed permitted provision of the
Rule, you must: 1 ) immediately eliminate the discharge of wastewater; 2) make any
modifications needed to ensure there will be no future discharges; 3) send in an approved
animal waste management plan by completing the attached certification form. This form
and a copy of your plan must be returned to:
Division of Environmental Management
Water Quality Section Planning Branch
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Your approved animal waste management plan must explain how you will collect, store,
treat an8 land apply your animal waste to the land in an environmentally acceptable
manner. To assist you in the development of this plan and to provide the required
certificatidn that the plan is acceptable, you should contactyour local agricultural agencies
such as the Soil and Water Conservation District, the USDA Soil Conservation Service,
or the North Carolina Cooperative Extension Service.
If we have not received the requested certification within 60 days of receipt of this letter
or if there are additional discharges to the surface water, a civil penalty of up to $10,000
may be assessed and you may be required to apply for an individual non -discharge
permit from the Division. This permit, if issued, will contain monitoring and reporting
requirements determined to be necessary by the Division.
If you have any questions concerning this matter please do not hesitate to contact either
Roger Thorpe, Water Quality Regional Supervisor for the Washington Regional Office at
(919) W-6481 or Dianne Williams Wilburn at [phone], ext. 233.
Sincerely;
A Preston Howard, Jr., P.E.
cc: Roger Thorpe, Regional Water ❑u9ty Supervisor
Junius Russell, Bertie County Soil and Water Conservation District
Pat Hooper, NC Division of Soil and Water Conservation
Planning Branch
Operations Branch
Central Files
2
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Srj�S
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
.lames B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQU—S-TED
MR. RUSSELL KNOWLES
RUSSELL KNOWLES SWINE FARM
1540 WODDARD ROAD
WINDSOR, NC 27893
A&
1�EHNF1
November 29, 1995
Subject: Notice of Violation # 95-43
Notice of Intent to Revoke Deemed Permit
Russell Knowles Swine Farm
Farm Number 08-001
cBertie Counry�
RECEIVED
WASHINGTON OFFICE
DEC a b 1995
MF.M.
I'
Dear Mr. Knowles:
You are hereby notified that, having been deemed permitted to have a nondischarge 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 May 18, 1995, DEM Water Quality Staff observed wastewater seeping from several points
along the toe of your lagoon dike wall and discharging into Swamp Creek. Photographs were
tD
taken indicating that a discharge event had occurred.
In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Environmental Management intends
to revoke your permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to the address
below:
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan trust explain how you will collect, store, treat and
land apply your animal waste in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District,
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water a civil penalty
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division from
taking appropiate enforcement actions for either these violations or other past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Roger
Thorpe, Water Quality Regional Supervisor for our Washington Regional Office at [phone]
or Mr. Shannon Langley at [phone], ext. 581.
Since ly,
I-P7 A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Water Quality Supervisor
Junius Russell - Bertie County Soil and Water Conservation District
Pat Hooper - Regional Coordinator, NC DSWC
Compliance/Enforcement File