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HomeMy WebLinkAbout960017_ENFORCEMENT_20171231a NORTH CAROLINA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT � jih NCDENR North Carolina Department of Environment'and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 7, 2010 Mr. Thomas Uzzell T&D Swine Farms 404 Walnut Creek Drive Goldsboro, NC 27534 RE: Acknowledgment of Receipt of Payment Case No. PC-2010-0031 Farm # 96-0017 Wayne County Dear Mr. Uzzell: This letter is to acknowledge •receipt of your check No. 7449 in the amount of S1,149.00 on December 6, 2010. This payment satisfies in full the civil assessment in the amount of SI,149.00 levied against Thomas Uzzell and the case has been closed. If you have any questions, please call me at (919) 715-6627. Sincerely, C�� Christine B. Lawson Animal Feeding Operations Unit cc: David May, Washington APS Regional Supervisor File # PC-2010-0031 APS Central Files (Permit No. AWS960017) AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1.M7-623.6748 Internet. www.ncwaterouali! r.cM DEC - 9 2010- One North Carolina Natimillry 4n Fmul (lnnnmmiry 14fiI a o Gnrnn [rnnin�mr ' CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 12, 2010 CERTIFIED MAIL — 7009 0820 0001 0529 0371 RETURN RECEIPT REQUESTED Mr. Thomas Uzzell T&D Swine Farms 404 Walnut Creek Drive Goldsboro, NC 27534 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 96-0017 Wayne County File No. PC-2010-0031 Permit No. AWS960017 Dear Mr. Uzzell: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $750.00 of the civil penalty assessment. The revised civil penalty is therefore $1149.00 ($750.00 civil penalty plus $399.00 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty (30) days of your receipt of this letter to the attention of: Christine B. Lawson Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 AQUIFER PROTECTION SECTION 1636 Mad Service Center, Raleigh, North Carolina 27699.1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1.877-623-6748 Internet www.ncorate ivalitv,om .; 'NOV 15 2010 ,.. OFRCE NorthCarolina Naturally An Rnml rV. iniN 1 Alfinnafiw Arflnn Fmrdnvar Page 2 Uzzell Letter 4. t If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the Division of Water Quality's recommendation for the full amount of the original penalty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached form within thirty (30) days of receipt of this letter. Send the completed form to: Christine B. Lawson Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Christine B. Lawson at (919) 715-6627. Sincerely, �D for Coleen H. Sullins Attachments cc: David May, Washington APS Regional Supervisor File # PC-2010-0031 APS Central Files (Permit No. AWS960017) STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF W AYNE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: THOMAS UZZELL DWQ Case Number DV-2010-0031 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee: however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 21 for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: PC-2010-0031 Region: Washington County: Wayne Assessed Entity: Thomas Uzzell Permit: AWS960017 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: A discharge of wastewater occurred at the, facility and reached surface waters. Sampling showed no significant impact downstream. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: The spill was promptly reported and immediate corrective action was taken upon discovery of the broken hydrant. Upon discovery, the owner/operator immediately stopped the flow of wastewater, dammed up the ditch, and took immediate action to start pumping the contained wastewater back into the lagoon. As soon as the discharge was discovered the.facility damned up the ditch at the spot where all surface water drains, to prevent./urther runoff into the Neuse River. Response was immediate. All contained wastewater was pumped back in the lagoon. ® (c) Whether the violation was inadvertent or a result of an accident: The discharge was an accident. The hydrant break was a result of the cows that had been grazing in the paddocks having cracked the hydrant that was not evident upon inspection prior to the irrigation event. The facilities cows trampled the riser, which created the discharge. The discharge was an accident. ® (d) Whether the violator had been assessed civil penalties for any previous violations: No civil penalties have been assessed against this facility before. The,/acility has never received a violation and no penalties have been assessed. All inspections at the facility have been good with no problems noted. ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: To date, the owner/operator has expended $3,400.00 for a Hay King C 10 renovator to run across the pastures prior to irrigation events, which will facilitate better infiltration of the wastewater during irrigation and in the event of such ponding. Repairs cost $1,600.00 for damage to irrigation equipment, and rent for pump and pipe to pump back wastewater to lagoon was $500.00 In addition, there are plans to install a water control structure in the ditch that was impacted during this incident at a cost of approximately $12,500.00 All corrective measures have been taken and the facility has cleaned up all contained wastewater. The hydrant at the facility has been repaired. DECISION (Check One) Request Denied ❑ Full Remission F❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission) $ SO• (Enter Amount to Remit) / Coleen H. Sullins Date ®v 1.0-8I.3 L09 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 8, 2010 Mr. Thomas Uzzell T&D Swine Farms 404 Walnut Creek Drive Goldsboro, NC 27534 SUBJECT: Remission Request Farm # 96-0017 Wayne County File No. PC-2010-0031 Permit No. AW S960017 Dear Mr. Uzzell: Dee Freeman Secretary This letter is to acknowledge receipt of your completed request, on September 7, 2010, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Quality will review your evidence and inform you of her decision in the matter of your remission request. If you have any questions, please call me at (919) 715-6627. Sincerely, Christine B. Lawson Animal Feeding Operations Unit cc: David May, Washington APS Regional Supervisor File No. PC-2010-0031 APS Central Files (Permit File No. AWS960017) AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX 1: 919-715-0586 FAX 2: 919-715-60481 Customer Service: 1-877.623.6748 Internet: www.ncwateraualitv.oro I _ _� — '1 ! i'i,i�li SEF 1 3 2010 I,.J r}} r r One NorthCarolina Naturally An Fnllal flnnndllnily % ANrrm.fiva Aminn Fmnlnacr ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 16, 2010 CERTIFIED MAIL - #7008 1140 0002 6736 8269 RETURN RECEIPT REQUESTED Mr. Thomas Uzzell T&D Swine Farms 404 Walnut Creek Dr. Goldsboro, NC 27534 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Wayne County File No. PC-2010-0031 Permit No. AWS960017 Dear Mr. Uzzell: This letter transmits notice of a civil penalty assessed against Thomas Uzzell in the amount of $1899.00, which includes $399.00 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Christine B. Lawson DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 F AQUIFER PROTECTION SECTION One 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 North Carolina Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 �%1 %aturalll� Phone: 919-733.3221 1 FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 Internet: www.nwateraualb.om 0��nn,.M , k nee .fi.. A,N cmYy,�o. Uzzell Letter - Page 2 07/16/2010 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Christine B. Lawson Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and i� Uzzell Letter - Page 3 07/16/2010 one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Christine B. Lawson DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt.of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Christine B. Lawson at (919) 715-6627. Sincerely, T eodore L. ush, Jr., Chief Aquifer Protection Section Division of Water Quality ACHMENTS cc: avid May, Washington APS Regional Supervisor w/ attachments File # PC-2010-0031 w/ attachments APS Central Files (Permit No. AWS960017)w/ attachments Susan Massengale w/ attachment STATE OF NORTH CAROLINA COUNTY OF WAYNE IN THE MATTER OF THOMAS UZZELL FOR VIOLATIONS OF SWINE WASTE GENERAL PERMIT AWGI00000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2010-0031 FINDINGS AND DECISION AND ASSESSMENTS OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Thomas Uzzell owns and operates T&D Swine Farms, a swine animal feeding operation in Wayne County. B. Thomas Uzzell was issued Certificate of Coverage AWS960017 under General Permit AWG100000 for T&D Swine Farms on _October 1, 2009, effective upon issuance, with an expiration date of September 30, 2014. C. Condition No.I.I. of General Permit AWG100000 states in part that any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharge from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division of Water Quality (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with Part I11. 13. of this General Permit. D. On March 23, 2010, Brent Mitchell of Goldsboro Hog Farms notified Division Water Quality (DWQ) Washington Region staff of a discharge at the T&D Swine Farms. DWQ conducted a site visit and found a broken hydrant that caused waste water to pond and runoff into a drainage ditch. The hydrant had been damaged by the facility's cows. The operator damed up the ditch once the discharge was detected, and the wastewater was contained and pumped back into the lagoon. While the drainage ditch empties into an unnamed tributary of the Neuse River, waste water did not reach waters of the state. E. The cost to the State of the enforcement procedures in this matter totaled $399.00. Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Thomas Uzzell is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143- 212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. A broken hydrant caused a discharge of waste water, which entered a drainage ditch, violating Condition No.I.I. of General Permit AWG100000. D. Mr. Thomas Uzzell 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 act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Thomas Uzzell pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8). F. The Chief of the Aquifer Protection 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 Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mr. Thomas Uzzell, owner of T&D Swine Farm, is hereby assessed a civil penalty of: $ `J For violating Condition No.I.I . of General Permit AWG 100000 for a discharge of waste to a ditch. TOTAL CIVIL PENALTY $ 399.00 Enforcement costs 9 Uv $ / 3 % / TOTAL AMOUNT DUE 2 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 quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (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 enforcement procedures. C7 eel - (Date heodore L. Bush, Jr. Chief Aquifer Protection Section Division of Water Quality STATE OF NORTH CAROLINA COUNTY OF WAYNE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST JOSEPH WILLIAMS ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2010-0031 Having been assessed civil penalties totaling Sl 899.00 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 16, 2010, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt ofthe civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of 20 SIGNATURE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2010-0031 County: Wayne Assessed Party: Thomas Uzzell Permit No. (if applicable): AWS960017 Amount Assessed: $ 1899.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of to an Administrative Nearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wron fug lly applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of'the civil penalty will prevent you_from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF WAYNE IN THE MATTER OF THOMAS UZZELL FOR VIOLATIONS OF SWINE WASTE GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. FINDINGS AND DECISION AND ASSESSMENTS OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Thomas Uzzell owns and operates T&D Swine Farms, a permitted/certified swine animal feeding operation in Wayne County. B. Thomas Uzzell was issued Certificate of Coverage AWS960017 under General Permit AWS100000 for T&D Swine Farms.on October 1, 2009, effective upon issuance, with an expiration date of September 30, 2014. C. Condition No. I. 1. of the "Performance Standards" of the General Permit states that "Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters. The waste collection, treatment, storage and application system operated under this General Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in a discharge of waste to surface waters or wetlands. Facilities must be designed, constructed and operated to contain all waste plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility. A facility that has a discharge of waste that results because of a storm event more severe than the 25-year, 24-hour storm will not be considered to be in violation of this General Permit if the facility is in compliance with its Certified Animal Waste Management Plan (CAWMP) and this General Permit. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharge from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division of Water Quality (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with Part III. 13, of this General Permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25- year, 24-hour storm." D. On March 23, 2010, staff of the NC Division Water Quality (DWQ) were notified by Brent Mitchell of Goldsboro Hog Farms of a discharge at the T&D Swine Farms. DWQ conducted a site visit and found a broken hydrant that caused wastewater to pond and runoff into a drainage ditch, which contained surface waters. The hydrant was damaged by the facility's cows. The facility damned up the ditch once the discharge was detected, and the wastewater was contained and pumped back into the lagoon. The drainage ditch empties into an unnamed tributary of the Neuse River. E. Mr. Uzzell does not have a valid permit for the above -described activity. F. The cost to the State of the enforcement procedures in this matter totaled $399.00. Based upon the above Findings of Facts, I make the following: Il. CONCLUSIONS OF LAW: A. Thomas Uzzell is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143- 212(4). B. A broken hydrant caused a discharge of wastewater, which entered a drainage ditch containing surface waters violating Condition No. 1. 1. of the General Permit. C. Mr. Thomas Uzzell 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 act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. D. The State's enforcement costs in this matter may be assessed against Mr. Thomas Uzzell pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8). E. The Chief of the Aquifer Protection 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 Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mr. Thomas Uzzell, owner of T&D Swine Farm, is hereby assessed a civil penalty of: ►A $ For violating Condition No. I. 1. of the General Permit for a discharge to Surface Waters of the State without a permit as required by G.S. 143- 215.1. $ 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. 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 quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (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 enforcement procedures. (Date) Theodore L. Bush, Jr. Chief Aquifer Protection Section Division of Water Quality 3 Memorandum To: Keith Larick, Animal Feeding Operations Permitting and Compliance Unit Supervisor of Animal Feeding Operation Permitting Compliance Unit Through: David May, Water Quality Supervisor Washington Regional Office From: Megan H. Stilley, Environmental Specialist Washington Regional Office Subject: Enforcement Package T&D Swine Farm Permit No. AWS740052 Wayne County Date: May 5, 2010 Introduction: T&D Swine Farm is owned and operated by Mr. Thomas Uzzell. This facility, located at 5849 Alice Warters Road in Wayne County, began operation in 1995. The facility has the capacity to raise 5760 Feeder to Finish swine and the overall design for this facility is 777,600 steady state live weight. Report: On March 23, 2010, staff of the NC Division Water Quality (DWQ) were notified by Brent Mitchell of Goldsboro Hog Farms of a discharge at T&D Swine Farm. DWQ conducted a site visit and found the cows had damaged a hydrant, which caused wastewater to pond and runoff into a drainage ditch that contained Surface Waters of the State. The drainage ditch empties into an unnamed tributary of the Neuse. When DWQ arrived onsite all wastewater was contained in the drainage ditch and the facility was in the process of pumping it back into the lagoon. The Finding and Decisions and Assessment Factors are attached for review. Conclusion: Mr. Thomas Uzzell, owner and operator of T&D Swine Farm, is in violation of permit and North Carolina General Statue 143-215. ] (a) for a discharge that caused ponding and runoff to surface waters. Recommendations: It is recommended that the appropriate civil penalties be assessed against this subject facility, T&D Swine Incorporated, located in Wayne County, owned and operated by Mr. Thomas Uzzell. The Washington Regional Office recommends that a penalty be assessed for allowing wastewater to pond and runoff into a drainage ditch, which contained surface waters. DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT ENFORCEMENT # NOV-2010-PC-0284 Section I: General Information 1. Facility Name: T&D Swine Farm 2. Facility or Permit No.: AWS960017 3. Party named in assessment: Thomas Uzzell 4. Address: 404 Walnut Creek Drive, Goldsboro, NC 27534 5. Telephone No.: (252) 566-2367 6. Location of Facility: 5849 Alice Warters Road, La Grange, NC 28551 7. Type of Operation: 5760 Feeder to Finish 8. Registered Agent (if applicable): N/A 9. Registered Agent Address (if applicable): N/A 10. Date(s) of noted violations: March 23, 2010 11. Receiving Stream and Classification (if applicable): N/A 12. Regional Office: Washington Regional Office 13. Report Prepared By: Megan H. Stilley Section II: Findings Case Narrative: On March 23, 2010, staff of the NC Division of Water Quality (DWO), Aquifer Protection Section (APS) were notified by Brent Mitchell of Goldsboro Hog Farms of a discharge at the T&D Swine Farm. DWO conducted a site visit and found a broken hydrant that caused wastewater to pond and runoff into a drainage ditch, which contained surface waters. The facility contained the wastewater in the drainage ditch and pumped it back into the lagoon. Farm and/or company compliance History: A database and file review does not indicate that penalties have been assessed against this facili in the past. 3. Amount of Waste discharged (if applicable). Approximately 2100 gallons. Sample Results (if applicable) with locations of samples taken noted in relation to discharge point: The sample results indicate the presence of wastewater. The samples were taken in the vegetated waterway where the wastewater ponded, in a drainage ditch upstream, and downstream in an unnamed tributary of the Neuse (See attached picture). Sample ID Date NH3 m /L TKN m /L NO2+NO3 m /L Phosphorus m /L BOD Source 3/23/2010 750 810 .03 76 1600 Upstream 3/23/2010 .02 1.2 • 11 .08 2 Downstream 3/23/2010 3.7 4.3 9.6 .28 5.5 5. Violator's degree of cooperation (including efforts to prevent or restore): Mr. Uzzell was cooperative by sending DWO the required information requested in the Notice of Intent to Enforce. Mr. Uzzell began corrective measures immediately after the discharge occurred and pumped the contained wastewater back into the lagoon. 6. Damage? Y/N If yes, include report from WRC: N/A 7. Mitigating Circumstances: None Recommendations made to the owner/operator: Mr. Uzzell was advised to do the following: 1, to move cows off sprayfield before irrigation occurs, 2) to fix the broken hydrant, and 3) pump all ponded and excess wastewater back into the lagoon. 9. Costs to the State for the enforcement procedures (Show Breakdown): Total Staff Time (4 hours) $ 150.00 Central Office $ 100.00 Travel Cost (37 miles x 4 @ 0.43/mile) $ 64.00 Laboratory Cost $ 85.00 TOTAL $ 399.00 10. Recommendations for further DWQ Action: Recheck facility in the near future to ensure that no additional problems exist. 11. Other Comments: N/A Section III: Assessment Factors required to be considered by G.S. 14313-282.1(b): 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: Animal waste has the potential to deplete dissolved oxygen in the affected water bodv to a point which is harmful to aouatic life. Waste water also contains nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life. The degree and extent of harm was minimized by actions taken to recover the wastewater, Since the wastewater was contained and recovered from the ditch, impacts were minimal 2. The duration and gravity of the violation: The violations are a result of a broken hydrant, which caused ponding and runoff to a drainage ditch that contained Surface Waters of the State. The incident occurred on March 23, 2010 and all contained wastewater was pumped back into the lagoon when DWQ conducted a followed -up inspection on March 25, 2010. The duration and rg aoity of the violation is minimal. 3. The effect on ground or surface quantity or quality: Surfacewater was tested and it appeared to have characteristics of wastewater in it. Severe ponding and runoff increases the potential for groundwater quality impacts. Overall impacts are anticipated to be minimal. 4. The cost of rectifying the damage: The cost to rectify the damage should have been minimal and would have included the cost of recoveringthe he spilled wastewater. 5. The amount of money saved by noncompliance: Money is saved when better management skills are implemented to improve overall management of the facility, environmentally and productively. No money was saved as a result of this incident. 6. Whether the violation was committed willfully or intentional: The discharge was not intentional and occurred because the cows damaged the hydrant. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Mr. Thomas Uzzell has not been assessed aRenal . in the past. 8. The cost to the State of the enforcement procedures: Total Staff Time $ 150.00 Central Office $ 100.00 Travel Cost (37 miles x 4 @ 0.43/mile) $ 64.00 Laboratory Cost $ 85.00 TOTAL $ 399.00 r Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 960017 Facility Status: Active Permit: AWS960017 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Emergency County: Wayne Region: Washington Date of Visit: 03/23/2010 Entry Time:12A5 PM Exit Time: Farts Name: T&D Farms Owner: Thomas P Uzzell Incident #: Owner Email: Phone: 919-580-6565 Mailing Address: 404 Walnut Creek Or Goldsboro NC 27534 Physical Address: 5849 Alice Walter Rd La Granae NC 28551 Facility Status: ❑ Compliant 0 Not Compliant Integrator: Maxwell Foods Inc Location of Farm: Latitude: 35014'22" Longitude: 77049'42" From Hwy 55E in Seven Springs, go north on Main St / Piney Grove (SR-1731). After 0.7 mi turn R on Rockford Ch Rd (SR-1737). Go 6/10 mi and turn L on Budd Fields Rd (SR-1736). Turn R on Lynch Rd (SR-1736) & farm is 1/2 mi on the right. Question Areas: Discharges & Stream Impacts Other issues Certified Operator: Thomas P Uzzell Secondary OIC(s): Waste Collection & Treatment @ Waste Application Operator Certification Number: 16596 On -Site Representative(s): Name Title Phone 24 hour contact name Brent Mitchell Phone: 919-738-3584 On -site representative Thomas Uzzell Phone: Primary Inspector: Megan H Stilley Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: Facility was irrigating when cows broke hydrant in sprayfield. Broken hydrant caused a spill of wastewater that ran into a waterway and traveled to a drainage ditch filled with surface water (rain water). The OIC was onsite and damn up the drainage ditch after the spill occurred. It is likely that some wastewater was not contained. However, a large portion of the wastewater was contained and pumped back into the lagoon. Samples were taken at the Source of the discharge and up & downstream. Page: 1 ` s Permit: AWS960017 Inspection Date: 03/23/2010 Waste Structures Type Owner - Facility: Thomas P Uzzell Inspection Type: Compliance Inspection Identifier Closed Date Start Date Facility Number: 960017 Reason for Visit: Emergency Designed Freeboard Observed Freeboard lagoon TD 09/02/94 19.00 24.00 Page: 2 v Permit: AWS960017 Owner - Facility: Thomas P Uzzell Facility Number: 960017 Inspection Date: 0312312010 Inspection Type: Compliance Inspection Reason for Visit: Emergency Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑ Discharge originated at Structure ❑ Application Field ■ Other ❑ a. Was conveyance man-made? ❑ ■ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ■ ❑ ❑ c. Estimated volume reaching surface waters? Will determine with Sample Results d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ■ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ NOD 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a ❑ ■ ❑ ❑ discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ❑ ■ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (i.e./ large trees, severe ❑ ■ ❑ ❑ erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management ❑ ■ ❑ ❑ or closure plan? 7. Do any of the structures need maintenance or improvement? ■ ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ■ ❑ ❑ dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ■ ❑ ❑ improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or ❑ ■ ❑ ❑ improvement? 11. Is there evidence of incorrect application? ❑ ■ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ Page: 3 9 Permit: AWS960017 Owner - Facility: Thomas P Uzzell Facility Number: 960017 Inspection Date: 03/2312010 Inspection Type: Compliance Inspection Reason for Visit: Emergency Waste Application Yea No NA NE PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total P205? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management ❑ ■ ❑ ❑ Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ■ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ■ ❑ ❑ 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Otherissues Yes No NA NE 28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ■ ❑ ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑ mortality rates that exceed normal rates? 30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ❑ ❑ ■ Quality representative immediately. Page: 4 J Permit: AWS960017 Owner - Facility: Thomas P Uzzell Facility Number: 960017 Inspection Date: 03/23/2010 Inspection Type: Compliance Inspection Reason for Visit: Emergency Other Issues 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? 32. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 33. Does facility require a follow-up visit by same agency? Yes No NA NE ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ Page: 5 EGIONAL OFFICE '-Al Photographic Record Site Name: T&D Swine Incorporated Incident/Permit Number: AWS960017 Site Location: Wayne County Site Town/Citv: La Gran Photographer: Megan Stilley Date: 3/23/2010 40 AM 71^h Photo Location: T&D Swine Photo Direction: Comments: Ponded Wastewater and Runoff Photographer: Ir Megan Stilley j. Date: 3123/2010 Photo Location: T&D Swine Inc. ♦.... . . . . Photo Direction: "W �—Comments: I Wastewater Runoff Z"Z , Photographic Record Site Name: T&D Swine Incorporated Incident/Permit Number: AWS960017 Site Location: yne County Site Town/City: La Grange JA vj Megan Stilley 3/23/2010 Photo Location: T&D Swine Inc. Photo Direction: 61 Wastewater entering ------ drain tile Megan Stilley 3/23/2010 Photo Location: T&D Swine Inc. Photo Direction: Wastewater if Mr. Thomas Uzzell T&D Swine 496-17 404 Walnut Creek Dr. Goldsboro, NC 27534 April 5, 2010 David May Regional Aquifer Protection Supervisor 943 Washington Square Mall Washington, NC 27889 Subject: NOV/NOI Facility # 96-17 Dear Mr. May: I am replying to you with regard to the NOV/Notice of Intent I received from you on March 29, 2010, and the recommendation for enforcement action that you are considering against T&D Farms, Facility Number 96-17, located in Wayne County. I will address the issues, per your letter dated March 26, 2010, and per the permit conditions listed in your letter. (1) Wfth regard to condition 1,, item 1 of yourState General(Termit, any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit andassociatedstatutory andregulatory provisions. 'Waste shallnot reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise as state waters. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohi6ited except as follows: (a) discharges from the ditches are controlled by (ZWTS) designed in accordance with 9VRCS standards; (6) the Bw2's have 6een su6mitted to andapproved 6y the Division of Water Quality (Division); (c) the Bw4's were implementedas designed to prevent a discharge to surface waters orwetlandr (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reportedin accordance with (Part 111.13, of this GeneralrPermit . Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfalffrom a storm event more severe than the 25 year, 24-hour storm. During testing of the equipment on March 25, I noticed a broken hydrant on section J4 on the irrigation design, which was a result of cattle that graze the coastal. On March 27 all repairs were completed. On March 29, 2010 I re -tested the equipment to assure that all was functioning properly. During this time, unknown to me, cattle had damaged another hydrant on the opposite side of the farm. This resulted in some run-off that reached the farm ditch. I immediately dammed the ditch and contacted Brent Mitchell with Goldsboro Milling to notify him and also contacted DWQ. While making those phone calls, I was in the process of moving a pumping unit to the location and began pumping water from the ditch back into the lagoon. I continued this for three days to assure that no waste left the farm. Megan Stilley with the Department of Water Quality arrived and collected water samples and reviewed the situation. We followed all the rules and protocol for spill situations to the letter. Megan returned three days later and her response was that we had done a real good job. With regard to corrective action, I plan to inspect all hydrants prior to any land application events in the future. I am in the process of installing a slide gate on the south side of the farm where drainage leads to the state waters, so that would not be a possibility in the future. I believe that I did a good job of damming up the ditch, containing the effluent, and returning it to the lagoon. My response was immediate, I had a plan in place for such events, and I implemented it. I had people that assisted me, and I made the calls, to include my Integrator (Brent Mitchell), and your agency (Megan Stilley). All were very helpful and quickly responded. In my defense, I ask that you not forward a recommendation for enforcement action against my facility or me to the Director of the Division of Water Quality. I would state that my facility has been in operation since 1994. I have never had a Notice of Violation at my farm. I know if you check with both DSWC and DWQ inspectors, you will find that I am a very conscientious operator, both from an environmental standpoint and from a regulatory standpoint. I also have two other facilities, one swine and one turkey. I do appreciate your consideration of the information I have submitted with regard to a recommendation for enforcement action. Re pectfully submitted, APR 13 2010 �' �/ ■ Oi;mplete Items 1, 2,.and 3. Also complete A. Signature item 4 If Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addresse so that we can return the card to you. B.ceived by (Pdn ne) ' C. Date of Deliver ■ Attach this card to the back of the mailpiece, I or on the front If space permits. D. Is delivery address different from Item 1? ❑ Yes ,Fn1. Article Addressed to: If YES, enter delivery @ below: ❑ No iMR THOMAS;•UZZELL A& ,1 404 WALNUT CREEK DRIVE V GOLDSBORO. NC 27534' 1 f9 9� ce Type 11� Certified Mail �- - - - — _ . _. _ _- _ _ _ _ _ ❑ Registered � Retum Receipt for Merchandlsi ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7009 .2250 0000 9252 3057 (Asrtsferfrom service /aDeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1; UNITED STATES POSTAL SERNKCE('�: * Sender: Please print your name, address, and ZIP+4 in this box 0 Nc I)EPARTNIFNT OF ENvIRONMENT & NATURAL RESOURCES LIM. '71 Aquifer Protection Section Washington SqUaTe IMaIll 4 'Ads" 1 943 WashingtOn, NC 27899 OEM 4 CCDENR North Carolina Department of.Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 2250 0000 9252 3057 Thomas Uzzell 404 Walnut Creek Dr. Goldsboro, NC 27534 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT T&D Farm #96-17 AWS960017 Wayne County NOV-2010-PC-0284 Dear Mr. Uzzell: On March 23, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Brent Mitchell of Goldsboro Hog Farms of a discharge at your facility. DWQ conducted a site visit and found a broken hydrant that caused wastewater to pond and runoff into a drainage ditch, which contained Surface Waters of the State. The facility contained the wastewater in the drainage ditch and pumped it back into the lagoon. 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 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. The specific violations are as follows: North Carolina Division of Water Quality Internet: www.newaterauality.ora 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper NorthCarolina Naturally Page Two March 26, 2010 T&D Farm Violation 2: In accordance with condition I, item 1 of your State General Permit, any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise as state waters. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division of Water Quality (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or Cont. wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with Part III.13. of this General Permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm. During an irrigation event the cows trampled and broke a hydrant, which caused wastewater to pond and runoff into a drainage ditch. Required Corrective Action for Violation 2: Take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and calibration of the spray irrigation equipment. In the future, remove cows from the sprayfield before irrigation events occur. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. 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 terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A Page Three March 26, 2010 T&D Farm If you have any questions concerning this Notice, please contact Megan Stilley at (252)-948- 3947 or me at (252)948-3939. Sincerely, David May Regional Supervisor cc: Keith Larick CAFO Unit Wayne County Soil and Water Conservation District NCDSWC-WaRO WaRO Compliance Animal Files Goldsboro Hog Farms MHS Files r't:bunFJ� \ WAYNE Sample ID: AB56326 River Basin �I Report To ��F W ArEI�Q PO Number # 10GO148 WAROAP �O �J t.� Date Received: 03/2512010 Collector: M STILLEY Y Time Received: 08:40 p Lebworks LoginlD SMATHIS Region: - Report Generated: 4/6110 Sample Matrix: GROU GROUNDWATER Date Reported: 04l06I2010 Loc. Type: WATER SUPPLY Emergency Yes/No VIsIt10 CDC Yes/No YE Loc. Descr.: THOMAS UZZEL CJ Location ID: WAROAPNLC Collect Date: 0312312010 Collect Time: 18:30 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated by ual'fier Reference Date LAB Sample temperature at receipt by lab 0.9 'C 3125/10 SMATHIS NUT NH3 as N In liquid 0.02 0.02 U mg/L as N LaC10-107-06-1-J 3/26/10 CGREEN Total Kjeldahl N as N in liquid 0.2 1.2 mg/L as N Lachat107-06-2-1-1 3/30/10 CGREEN NO2+NO3 as N in liquid 0.02 11 mg/L as N Lac10-107-04-1-c 3126/10 CGREEN' Phosphorus —total as P in liquid 0.02 0.08 J2 mg/L as P LaC10-115-01-1 EF 3130110 CGREEN Sample Comments Result qualified with J2 since recovery of OCS was 89% (acceptance I V Cl=1�n _. rr r' APO 2 6 2010 Laboratory sectlon» 1623 Mall Service Center, Raleigh, NC 27699A623 (919) 733.3908 For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access Page 1 of 1 GROUNDWATER FIELD/LAB FORM SAMPLE TYPE County Water ❑ soil Quad No Serial No. ❑ Other Lat. Long. Chain of Custody Report To: ARID, FRO, MRO, RRO, a®, WiRO, WSRO, Kinston FS,Fed Trust, Central Off., Other: Shipped by: Bu Court , Hand Del_ Other: Collector(s): - t Date 2_3-10 Ti FIELD ANALYS S pH 40o Spec. Cond.94_at 254C Temp_to °C Odor Field Analysis By: - BOO 310 mg/L COD High 340 mg/L COD Low 335 mg& Coliform. MF Fecal 31616 /100all Colitonn: MF Total 31504 /100nd TOC 680 mg/L Turbidity 76 NTU Residue, Suspended 530 mg/L pH 403 Alkalinity to pH 4.5 411) Alkalinity to pH 8.3 415 Carbonate 445 Bicarbonate 440 Carbon dioxide 405 Chloride 940 Chromium: Hex 1032 Color: True 80 Cyanide 720 units mg/L mg(L mg/L mg/L mg)L ug/L CU mg/L North Carolina It Department of Environment and Natural Resources DIVISION OF WATER QUALITY -GROUNDWATER SECTION SAMPLE PRIORITY J 4� Routine Lib Number ❑ Emergency t g y PSa+-rs� Date Receive Time: 6 Recd By: rom:Bus oun r, Hand Del., Other. Data Entry By: Ck: Date Reported: Purpose: Pp*v�-. Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, i 'L _ 1 (circle are) Location or Site'GDescriptionof samingp=r r�4+c l Sampling Method (�rnh Sample Remarks _ (Pranpkg Ome, au temp.. etc.) Lab Comments GW-54 REV. 7/03 For Dissolved Analysis -submit filtered sample and write -DIS' in block. Or anochlorine Pesticides Organophosphorus Pesticides Nitrogen Pesticides Acid Herbicides PCBs Semivotarde Or anics TPH-Diesel Range Volatile Organics (VOA bottle TPH-Gasoline Range TPH-BTEX Gasoline Range LAB USE ONLY Temperature on arrival: t 4 Report to: _WARD Lab Number: •tation Location: AB563 - .A•B5 HOGFARM IN NC DENR/DWQ Laboratory Sample Anomaly Report (SAR) Sample ID: Sr i or5,(yr ) County: WAYNE Region: WARO WAYNE COUNTY Sample Type: GROUND H2O Priority: COC Collector: Date collected: 3/23/2010 Date received: 3/25/2010 Date analyzed: Affected Parameter(s): TP Analytical Area (check one): ❑WCH ❑METALS ®NUT ❑MICRO The following anomalies occurred (check all that apply): ❑Samples []Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet ❑Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired ❑Prior to receipt in lab []After receipt in lab ❑Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity []Sample not chemically preserved properly []pH out of range (record pH):" [-]Improper chemical ❑Residual chlorine present in sample ❑Color interference ❑Heavy emulsion formed during extraction ❑Sample bottle broken in lab - no reportable results []Other (specify): Comments: QCS value less than 90%. iecvvc4✓ f `9 99 ;/- Corrective Action: MEGANy�STILLEY (jJ ❑VOA ❑WARO []PEST ❑SVGA []Quality Control ❑Instrument failure- no reportable results ❑Analyst error- no reportable results ❑Surrogates ❑None added ❑Recovery outside acceptance limits ❑Spike recovery ❑None added ❑Recovery outside acceptance limits ❑Failed to meet criteria for precision ❑Internal standards ❑Blank contamination ®QC data reported outside of controls (e.g., QCS, LCS) ❑Incorrect procedure used - ❑SOP intentionally modified with QA and Branch plead approval (]invalid instrument calibration ❑Elevated detection limits due to: ❑Insufficient sample volume ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:J2 ❑Other (explain): Notification Required? [-]Yes ❑ No Person Contacted: Date: nn A n 1 / Form completed by: GWENDOL N BELI "I ��_, Date: 3/31/2010 Lead Chemist Review (initial): MB10CHEM O []PEST ❑METALS ❑VOA finch Head Review (initial): JQC Review (ini / QA\Forma aboratory\SAR - ❑SVGA Logged into database by (initial): s�� O 10/23/01dbs D County: WAYNE Sample ID: AB56327 River Basin w'4 TF/�Q PO Number # 1000149 �pF Received: 03125/21110 Report To WAROAP Dale y Time Received: 08:40 Collector. M STILLEY O -C Labworks LoginlD SMATHIS Region: WARD Report Generated: 4l6I10 Sample Matrix: GROUNDWATER Date Reported: 04l06/2010 Loc. Type: WATER SUPPLY Emergency Yes/No VlsitlD S/ CDC Yes/No YES Loc. Descr.: THOMAS UZZEL Location ID: WAROAPNLC I Collect Date: 03/23/2010 Collect Time: 17:35 Sample Depth CAS # Analvte Name PQL Result/Units Qualifier Method Reference Analysis Date Validated by LAB Sample temperature at receipt by lab 0.9 °C 3125/10 SMATHIS NUT NH3 as N in liquid 0.02 3.7 mg/L as N LaclG-107-06-1-J 3/26/10 CGREEN Total Kjeldahl N as N In liquid 0.2 4.3 mg/L as N Lachat107-06-2-H 3/30110 CGREEN NO2+NO3 as N in liquid 0.02 9.6 mg/L as N LaC10-107-04-1-c 3/26/10 CGREEN Phosphorus total as P in liquid 0.02 0.28 J2 mg/L as P LaC10-115-01-tEF 3/30/10 CGREEN Sample Comments TP: Result qualified with J2 since recovery of QCS was 89% (acceptance I ! ' , APR 2 6 2010 Laboratory Seetlon» 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733-3908 For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access Page 1 of 1 GROUNDWATER FIELD/LAB FORM SAMPLE TYPE SAMPLE PRIORITY x Water .j Routine County' ❑ Soil ❑ Emergency Quad No Serial No. ❑Other Lat. Long. Chain of Custody - Report To: ARO, FRO, MRO, RRO,4 V . VUiRO, WSRO, Kinston FQ—Eed. Trust, Central Off., Other: Purpose: Shipped by: Bus, purl Hand Del., Other: t Date 23-10 Time Baseline, CCo�mplaii North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY -GROUNDWATER SECTION Lab Number Date Received ime: �c Rec'd By: Fr m:Bus, oune , Hand Del., Other. Data Entry By: Ck: Date Reported: Compliance, LUST. Pesticide Study, Federal Trust, Other. (cirde Collec or(s). Owner�>n�M0.5 G FIELD ANALYS S at 25°C Location or Site 1 r �. ► Q ' ' _ Spec. Cond.9� pH 40o Description of sampling point Tem ro °C Odor `- - '_ P_ ^^^^ Sampling Method C7r %b — I er, a c. Field Analysis By: Lab Comment GW-54 REV. 7/03 and write'DIS' in block. IHutwing time, art temp.. etc Interval Or anochlorine Pesticides organophosphorus Pesticides Nitrogen Pesticides Acid Herbicides PCBs semivolatde Organics TPH-Diesel Ran e R ics (VOA bottle) Ran easoline Rangearrival: r t Report to: _WARD NC DENR/DWQ Laboratory Sample Anomaly Report (SAR) Lab Number: AB56325- AB56327 'tation Location: HOGFARM IN WAYNE COUNTY Sample Type: GROUND H2O Date collected: 3/23/2010 Affected Parameter(s): TP County: WAYNE Priority COC Sample ID: S'�urul 0r5.4,,M/ Da9r.;4rv,,M Region: WARO Collector: Date received: 3/25/2010 Date analyzed: Analytical Area (check one): ❑ WCH ❑METALS NNUT ❑MICRO The following anomalies occurred (check all that apply): ❑Samples []Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace []Samples not received, but listed on fieldsheet []Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired ❑Prior to receipt in lab ❑After receipt in lab ient quantity for analysis exhibits gross non -homogeneity not chemically preserved_ properly ❑Improper chemical ❑Residual chlorine present in sample ❑Color interference ❑Heavy emulsion formed during extraction []Sample bottle broken in lab - no reportable results ❑Other (specify): Comments: QCS value less than 90%. (;ecovc l w"J: k9 /'• Corrective Action: MEGAN STILLEY 3_L}_/, ❑VOA ❑ WARO ❑PEST ❑SVGA []Quality Control ❑Instrument failure — no reportable results ❑Analyst error— no reportable results ❑Surrogates []None added ❑Recovery outside acceptance limits ❑Spike recovery []None added []Recovery outside acceptance limits ❑Failed to meet criteria for precision mal standards ik contamination data reported outside of controls (e.g., QCS, LCS) intentionally modified with QA and Branch Head approval ❑Invalid instrument calibration ❑Elevated detection limits due to: ❑Insufficient sample volume ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:J2 ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: nn A ,1 j _ Form completed by: Lead Chemist Review (initial): MBIOCHEM O ❑METALS []PEST ❑VOA i inch Head Review (initial): /QC Review (ini Ito QAiFormsUabontary�SAR Date: 3/31 /2010 ❑SVOA Im Logged into database by (initial): ( i 1A v iomroidbs WC CDWO flaboratorySection 2esu is County: WAYNE Sample ID: AB56325 River Basin pF wArFq QG� PO Number # 10G0147 03/2512010 Report To WAROAP �O� Date Received: > Time Received: Collector: M STILLEY ,-y p Y Labworks LoginlD SMATHIS SMA Region: WARD Report Generated: 4/6110 Sample Matrix: GROUNDWATER ,.. ;.., .�D'gt�e�rj: ;-`it;�'p. 04I06/2010 Loa Type: WATER SUPPLY Emergency Yes/No VlsitlD CDC Yes/No YES DEPORT S Loc. Descr.: T OMAS U2ZEL �' !�� C fNMW ,.� .. �W— . Location ID: WAROAPNLC Collect Dale: 03/23/2010 Collect Time: 17:50 Sample Depth Result/ Units Method Analysis Validated by CAS # Analyte Name PL ualifier Reference Date LAB 3125/10 SMATHIS Sample temperature at receipt by lab 0.9 C NUT NH3 as N in liquid 0.02 750 J6 mg/L as N Lac10-107-06-1-J 3/26/10 CGREEN Total Kjeldahl N as N In liquid 0.2 810 J6 mg1L as N Lachatl07-06-2-H 3/30/10 CGREEN NO2+NO3 as N in liquid 0.02 0.03 J6 mg/L as N LaclO-107-04-1c 3/26110 CGREEN Phnsnhnriis tntal as P in licuid 0.02 76J6,J2 mglLasP Lac10-115-01-1EF 3130110 CGREEN Sample Comments TP: Result qualified with J2 since recovery of QCS was 89% (acceptance I APR 2 6 2010 1 Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access Page 1 of 1 wr GROUNDWATER FIELD/LAB FORM County_y Quad No Serial No. SAMPLE TYPE Water ❑ Soil j ❑ Other Chain o1 Custody Report To: ARO. FRO, MRO, RRO, aR , WiRO, WSRO, Kinston FQ—Eed Trust, Central Off., Other: Shipped by: Bus, our , Hand Del., Other: Collector(s): C 1 Date 23—AO T1 FIELD ANALYS S at 25°C pH 400 Spec. Cond.94 Temp.lo °C Odor Department of Environment and Natural Resources DIVISION OF WATER QUALITY -GROUNDWATER SECTION 1 D� 014 .A,5 (���` er Date Received Rec'd By: Other. Data Entry By:_ Date Reported: Purpose: _ Baseline, Complaint, Compliance, artle I6Pesticide Study, Federal Trust, Other. SAMPLE PRIORITY .;' Routine ❑ Emergency Location or Site a c rwr. w- - •� -- - Description of sampling point Qv' y.\ iSt4.-aQ Sampling MSample I ethod C-MRb i--Ipump. r. e c �— J Ck: Del., LABORATORY ANALYSES Ag-Silver 46566 a A_ Or anochlorine Pesticides Diss. Solids 70300 mg/L. 800 310 mg/L Organophosphorus Pesticides A.I-Aluminum 46557 u fL Fluoride 951 mg/L' COO High 340 mg/L COD Low 335 mg/L Nitrogen Pesticides As -Arsenic 46551 u /L Hardness: Total 900 mg/L Add Herbiddes Ba-Barium 46558 u /L Hardness (nan-carb) 902 mg/L Caliform: MF Fecal 71616 /100ml Fo Phenols 32730 ugA Ca -Calcium 46552 mg/L PCBs Coliform: MF 31504 It OOM Cd-Cadmium 46559 u /L Specific Cond. 95 uMhoslcrit TOC 680 mg/L Cr-Chromium 46559 ug/L Sulfate 945 mg/L . Turbidity 76 NTU Cu-Copper 46562 u /L Fe -Iron 46563 u A_ - Sulfide 745 mg/L Residue, Suspended 530 mg/L Semivolatile Organics PH 403 units Alkalinity to pH 4.5 410 mg/L Alkalinity to pH 8.3 415 mg/L Carbonate 445 mg/L Bicarbonate 440 m9ti Carbon dioxide 405 mglL Chloride 940 mg/L Chromium: Hex 1032 ug/L Color: True 80 cu Oil and Grease mg/L Hg-Mercury 71900 u A_ TPM-Diesel Ran e I NH, as N 610 mg/L TKN as N 625 mg/L NOz t NO, as N 630 mg/L P: Total as P 665 mg/L Nitrate (NO,as N) 620 mglL K-Potassium 46555 m 2 Mg -Magnesium 46554 mg/L Mn-Manganese 46565 ug/L Na-Sodium 46556 m 2 Ni-Nickel / ug/L Pb-lead 46564 u IL Se -Selenium ug/L Zn-Zinc 46567 u A_ Volatile Organics (VOA bottle) TPH-Gasoline Range TPH-BTEX Gasoline Range LAB USE ONLY Dy Temperature on arrival: Nitrite (NO2 as N) 615 m91� Cyanide 720 mg/L i Lab GW-54 REV. 7103 For Dissolved Analysis.submit filtered sample and wrile'DIS' in block. i /'& NC DENR/DWQ Laboratory Report to: _WAROAP Sample Anomaly Report (SAR) _Lab Number: I 'ation Location: Sample Type: Sample ID: Source County: Wayne Region: WARO Priority: COC=Routine Collector: M.Stilley Date collected: 3/23/2010 Date received: 3/25/2010 Date analyzed: 3/2010 Affected Parameter(s): NH3, NO3NO2, TKN, TP AB56325 Thomas Uzzel - point of discharge Water Analytical Area (check one): ❑WCH ❑METALS' ®NUT ❑MICRO The following anomalies occurred (check all that apply): ®Samples ❑Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet ❑Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired []Prior to receipt in lab ❑After receipt in lab ❑Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity ®Sample not chemically preserved properly ®pH out of range (record pH):7 ----------_ []Improper chemical []Residual chlorine present in sample ❑Color interference ❑Heavy emulsion formed during extraction []Sample bottle broken in lab - no reportable results ❑Other (specify): ❑VOA ❑SVOA ❑PEST ❑Quality Control ❑Instrument failure — no reportable results ❑Analyst error — no reportable results ❑Surrogates ❑None added []Recovery outside acceptance limits ❑Spike recovery []None added ❑Recovery outside acceptance limits ❑Failed to meet criteria for precision []Internal standards ❑Blank contamination ❑QC data reported outside of controls (e.g., QCS, LCS) ❑Incorrect procedure used []SOP intentionally modified with QA and Branch Head approval ❑Invalid instrument calibration ❑Elevated detection limits due to: []Insufficient sample volume Comments: When the sample was received by the Nutrients group, sample pH was checked using pH indicator strips. The pH strips indicated a sample pH of 7. Sample pH must be < 2 for the affected parameters. Corrective ActionAn the lab, 3 ml of 25% sulfuric acid was added to the sample to adjust sample pH to <2.The sample will be analyzed, and the results for the affected parameters will be qualified with J6. ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:J6 ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: Form completed by: ax Overma re\1 Z Ov<-�— Date: 3/25/2010 Lead Chemist Review (initial): ®BIOCHEM O ❑METALS nch Head Review (ini / ✓QC Review (ini ial): e. QA\For \Labomury\SAR 111 []PEST ❑VOA ❑SVOA Logged into database by (initial) 10/23/01 dhs Report to: -WARD NC DENR/DWQ Laboratory Sample Anomaly Report (SAR) Lab Number: AB56325- Sample ID: AB5632+ -> Station Location: HOGFARM IN County: WAYNE WAYNE COUNTY Sample Type: GROUND H2O Date collected: 3/23/2010 Affected Patameter(s): TP Region: WARO Priority: COC Collector: Date received: 3/25/2010 Date analyzed: Analytical Area (check one): ❑WCH []METALS ®NUT ❑MICRO The following anomalies occurred (check all that apply): ❑Samples ❑Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet ❑Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired ❑Prior to receipt in lab []After receipt in lab ❑Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity ❑Sample not chemically -preserved properly ❑Improper chemical []Residual chlorine present in sample ❑Color interference ❑Heavy emulsion formed during extraction ❑Sample bottle broken in lab - no reportable results ❑Other (specify): Comments: QCS value less than 90%. ietcvc4+1` `9 99 f , Corrective Action: ❑VOA ❑PEST MEGAN STILLEY 0 �z) ^- ' ❑ W ARO ❑SVOA ❑Quality Control ❑Instrument failure- no reportable results ❑Analyst error- no reportable results []Surrogates ❑None added ❑Recovery outside acceptance limits ❑Spike recovery ❑None added ❑Recovery outside acceptance limits ❑Failed to meet criteria for precision ❑Internal standards ❑Blank contamination ®QC data reported outside of controls (e.g.; QCS, LCS) ❑SOP intentionally modified with QA and Branch Head approval ❑Invalid instrument calibration ❑Elevated detection limits due to: []Insufficient sample volume ❑Samples were rejected by DWQ Lab. Authorized by: Date: []Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:J2 ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: ^A n f,,) Form completed by: GWENDOL BELq — I Date: 3/31/2010 Lead'Chemist Review (initial): (JOBIOCHEM_(VIO ❑PEST ❑METALS L' ❑VOA inch Head Review (initial): ✓QC Review (ini ' QANFm s\Labmtory\SAR I ❑SVOA Logged into database by (initial): Sf11 O I0123/aldbs County: Wayne Sample ID: AB56271 River Basin pFWATFq pG� PO Number# Dale Received: GW100268 0312412010 Report To WAROAP CID > =i Time Received: 10:30 Collector. M STILLEY p Y Lobworks LoginlD LBUCK Region: WARD Report Generated: 4/21/1 D Semple Matrix: SURFACEWATER Date Reported: 04/21/2010 p �—J•JJ� Emergy Yes/No Emergenncc VlsitlD CDC Yes/No Yes 4 '. Loc. Deaer.: T $ D HOG FARM IN WAYNE COUNTY OFF ALICE WARTERS RD LocaOon ID: WAROAPNLC Coliact Date: 03/2312010 Collect Time: 18:30 Sample Depth Result/ Metnoa Analysis Validated by CAS # Analvte Name ualifier Units Reference Date WARO Sample temperature at receipt by lab 2.4 °C 3/241110 SMATHIS BOD, 5-Day in liquid 2 2 U mg/L APHA5210B 3/24/10 ESTAFFORD I I.1 APO 2 3 2010 Laboratory Section» 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733.3908 ` For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access Page 1 of 1 GROUNDWATER FIELD/LAB FORM County v`e'_Yr p' _ X Watrs QUad No._ Serial No. ❑ Suit Lat. Long. _ - C7 Oiriel -KChr`nn ut Custody Report To: ARO, FRO, MRO, RRO. '^JaR . W!RO, _--- _ - VVSRO, Kinston FO, Fed. Tj teal Off.. Other `.;hipped by. Bus, Courier, I ' , Other- PUrpo$c Collectors ; 64n.�,- -tDate FIELD ANALYSES PH 4<n Spec. Cond_9A at ?.`,°(, Location at S (iella4m0nt of Crniralmttrri arnl tratural Resuw ur; L7fV15!ON t�F N7ASC-R OLIALIIY-GItGUND+P.'Al F.!? :;!. is i l0^l ' SAMP, LL PR!OR!TY VV1 ,�' RoutinenV,34�' Lab Number �C � D Ercxrgency j+ Date Received s a ((Z Tim- -� • Hec'd By: Frotn:Bu�;, c; ,caner, Hand Del., Other r --- Data Entry By. Ck: Date Reported: _ Complaint, Compliance, LUST, Pesticide Study, Federal'1`11.15l. Other. Temp.To —_"C Odor [I.-scliptiurlot Appearance __ Sampling Met Field LABORATORY Analysis By ANALYSES Rernad's I Jibs, Sams 70300 I I lbLe 951 nrgt tlxfteS rct-I 9w ._ ngk Ifu dr ea_ (rm car L} 5R' � _ n%q Pr,nuh 32 3D u�A — — �. -- COD 11r(th 340 n SA, C.Id+xm MF F.-r,_+i 31616 /lu0rnl 1 �^ ��- i, - i _-+i 1 C.I.Imm. MF Tu1.d J1504 =R It 00ad T70-C G—__,_-___ _..«. mg1L TmbWity 76 T~_--~•_y_ NJtL 570 rn --_ -- ssracdicCmd. 55 'Mr'. can SuIfN!c Y43 /4% f_ MOIL F0511-!Lwo f ease my0. � i pH 407 Alkalinity to pH 45 470 T rtu'L Atkamay lu Jilt a 1 415 m0rl -- - � Carburule 445�--_.�_ MOIL N11, as N 610 !l.balste 440 `__--_— mg - 1KN as N 625 ----_- -Mud - Carlwn 0incitle 4US ~- MfA- NOt - NO. as N 630 m90. -- crd'r 4 940 ~.. mgn. P: -7utat as r GSS - • — -mall- GhratNurn: Hee 1072 �^ ugA Nitrate (tigl as ri) 6'0 rmJIL CNnr_ rruc tl0 �� � CO Ndrire (Nor as N! 61 ` ---_.- �rtrr/i - - I CYarude 720 _.. _---m-j'L .I Lab CnmmenlS r caeca n4V irn-r .... n:::mwnr Annh•�; :_¢c6rrvl ldlerc.l samr�lr-and �iilr. "nrS',n M :1 Al}-:.9,dr 46 566 AI-AJ.eminum 46557 _ A*A.rsenm 46551 Ha banwn 45558 Ca -Calcium 46552 Cd-Cadmium 46555 CI-Chl.fnwM 4G559 �Y-Ca7.PLY 4fiila2 re.no� 464esci Hg-Mercury 7190D K-i'u?essium 46555 Mg MaSn1•fium 46554 Mn•Manganese 46565 Na-$Mium 46556 r1r7T1:kc1 PD-Lead 46564 Se -Selenium Zn-Zinc 46%7 sample Interval Itvl4.r q b.v, w g94t. ee.! ---'---I 41 County: Wayne Sample ID: AB56270 River Basin pF VIA rF QG PO Number# GW100267 3124/2010 Report To WAROAP Date Received: 0 v0� Time Received: 10:30 Collector: M STILLEY p `C Labworks LoginlD LBUCK Region: WARD Report Generated: 4/21/10 Sample Matrix: SURFACEWATER Dale Reported: 04/21/2010 Loc. Type: Emergency Yes/No VlsitlD CDC Yes/No Yes Loc. Descr.: T & D HOG FARM IN WAYNE COUNTY OFF ALICE WARTERS RD Location ID: WAROAPNLC I Collect Date: 03123/2010 I Collect Time: 17:38 Sample Depth CAS # Analyte Name PQL Result/Units Metnoo Analysis Validated by ualifier Reference Date WARD Sample temperature at receipt by lab 2.4 °C 3/24/10 SMATHIS SOD, 5-Day in liquid 2 5.5 mg/L APHA5210B 3/24/10 ESTAFFORD II � APR 2 3 2010 CJ+ rlCr Laboratory Sectlon» 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733-3908 For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access. Page 1 of 1 GROUNDWATER FIELD/1-AR FORM County N water ---.--- ------'----- ❑ Quad No Serial No. Soil Lat. I.ong.w.❑Otl7h��er y�+ Chain of CUS.tf)dy Heport 7'o- ARO, FRO, MRO. RRO. 10. VilRO,-----�--- _-- WSRO, KinstonFO, Fed.'trust Central Ott.. Other Shipped by: Gus, Courier and O I„ Other._ Purprl: Gnuerlor(5)' ('�ja� __ Dal "tune 38�rn FIFI_D ANALYSES Ovmer_j} PH 4,r1__ Spec. Cond.,y4_' at 254C Location Of I'enlp.la `C Odcr_ Description tu)pearatlCe- A Sampling P. Field Analysis By; Remarks_ LAHUKA I UKY AIVALT JC:� you 31n � qn. i - 1—_ CON Huh 340 + dl COO Um 315 n6p1. Cr+fdrurn.Mr Feea13tb16 `lido nl Cotdumc MF Tatar 31504 11 Va,N j }i Tr2l: raa -•---"'�....._' lndrt 1 ! Turbiddy 76 _ -�+99N 1'J RCSId.rc, $USpCndl+1 510 nlgP_ _ ' pH 403 vnrls Alkalinity to pH 4,5 410 mg& Alkala,itp In pit b'7 41S my2 •-- - . _Carbc nale 445 rn,3H 4�•- (;iGrtlx+0a1c 440 mgrl `�'� - Caddnl tlinxidc 40% rn9ri Gtdan,de Mn �_-•�.m011 K C.hmmium; Hea 7077 ug2 k_y4C`yanrJa-20 Cutur. T,ue 60 M r I 1 Uis . sd as 03ra1 nv� rWcvrde is mglL I -__ Ha+dncsc Fold fi00- mtrfl- 1 Ha,dnms (nnnY.a,b) Yu? m0a, -MqA. ---_ {4ic,K4i 3273C ysya JM%uk Cnnd. 95 VI,1ho:M1:m anW.5;0 745 mg!L S,drdiri45 P' iJtt, b3 N 610 myl- (- IKN as N 625 mcp._ I ^�NG, - . NO, as N 670 mprt T*P; total asp6C5 � nyh. r drat. (NQ, 41 H) 620 NAM., (NO, 05 TI) fit — -- and ifc 175psr1ment ri1 Covn4tunent and Natural Resource, API_F'1„[= fsItIC7HiTY .�k RnuBne Lab Plumber W 10 o a I __ F1 Emergency 16 Date Received 31a La Timej ° 1 3 G Rce'd By: From:Bus, Courier, Hand Del., C)thar. -- - Data Entry By- CIe- Date 11.eported: Baseline, Complaint, Compliance, LUST. Pesticide Study. Federal Trust, Other..___ w ib,p, mc.r �Ap-S unH_ OrgsnoclJome I estsldea _ anmg2!prirus Pesdcldes .-- _ A1-Nummnm40 57 anfl A A^,nnrt 465`.1 u 2 Nitrogen Pesti,.ides_ A.-Im om465511 u�2 ! hid HcrbWde+ e a l-ak6an 4G552�m{7(L _ Pena Cd Gd..du.n 46559 _ rr Chrwnimo40559� ... _ugH Co-Coppa46562 -_ $S , -at261: Ofljanru_ Felton 46559 H-__ �� Hq-Mereary 71900 _ ._u�rt_ TPH-odaa Ran( - K-Pota33ium 46555 m91L Mg-Magnesum46554 Vmatlo or.)an (VOA DnWoo) _ 1.1mManganese 4G565_ „rr& ' -- loi-Sndkml 46556 mert TPH-Gasal'me Ra C Ni Nickel u0rl. TPH-BTEX Gasoline Raivla — i, _ PL,L4ad 4r.564 u7H. So-3eler4um uirfl- 1n Zmc 46567 umt - -- -- ll L.AB W ONLY' r b I empL- aluie un auivai: c County: Wayne Semple ID: AB56269 River Basin OFWATE9 Q� PO Number# GW100266 Report To WAROAP �O� Date Received: 03/24/2D10 CO Time Received: 11):30 Collector. M STILLEY 0 Y Labworks LoginlD LBUCK Region: WARD Report Generated: 4/21/10 Sample Matrix: SURFACEWATER Date Reported: 04/21/2010 Loc. Type: Emergency Yes/No VisitlD f I COC Yes/No' Yes Loc. Descr.: T $ D HOG FARM IN WAYNE COUNTY OFF ALICE WARTERS RD Location ID: WAROAPNLC I Collect Date: 03/23/2010 1 Collect Time: 17:50 Sample Depth CAS # AnalYte Name WARO PQL Result/ Method Analysis Validated by Qualifier Units Reference Date Sample temperature at receipt by lab 2.4 °C 3/24/10 SMATHIS BOD, 5-Day in liquid 2 1600 mg/L APHA5210B 3/24/10 ESTAFFORD J APR 2 3 2010 i Laboratory Sectlon» 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3906 For a detailed description of the qualifier codes refer to www.dwglab.org under Staff Access Page 1 of 1 JNDWATER FIELD/LAB FORM tirith Caiaana rd M Fnvitrnrnent and Natural R - 4"F� QVIS OF VVATFR WALDY4�RUJiNflViAlER SECTION I SAMPLE TYPE..— SAMPLE Mir)141 I 0 Water Lab Number Serial OF I No. 0 Suit L3 Ernergem-y Date Received 01he, Nd -N-�tV ___Time: Rec'd By: Fton'Xillis Courier, Hand Del., Gliam of Cusslody ARO. FRO, W04 RROG�h- WRO, 0 1, ata Entry By: Ck-. aston FO. Fpd.Trust Central Off., Uthei nd L) Other. r Bus. Couriemligi3RP Purpose: Date Reported: .. hale �-11> T'me Baseline. Complaint. Corriplian LUST•Pesticide Study, Federal TnL ,OtherJALYS -Owner -rv%,>rn*.S z I — Spec. COnd.;,.i_ At 25'C Locati or Site — D V"'q 'C (Jdor. Description of sampling point Sampling Method_&0%43 Sample IniTrv;]--- 'sis By: Remarks FORY ANALISES .10 'Aft 70300 t. 335 .g& if., -94- 0- 10" P11-4. 32730 i7;ZZav+4G552 ED 55 Cd V.�4 4's59 __: M& 11, 76 NIV .-- -- DD, -- - -- -- --- Cw-CWOMun.465SI MU& S.'N"etj. omwscs 46551 w ioN 4.5 410 n9k M,Yolagn.s . 46554 O�� JVnA 1-VL 4fiSW TPHZI;ii; R;� MO1PH-NTEJ(Ga:Nirw R..W I di.WIC 405 ,A. r4n, - N% 11 bw `11%A- Pb L—!t P: TaW., PG&S mirri I k,, 1037 ury11 Naar 100,011`1)62`11 NMA Tiue ED NJ G Is LAB USE ONLY Terripereure an affivid: J40C ncrits (I 1111W-RflN arid N-1111ral -R OUALlJ`Y-(;'?01JN()WA'1FR SFGTIO;14 i Number W 0 0 )L Jr. :z e Received 3 J to Time: 1 013 C3 1 7 d By: Fiorri-B,,. Courier, Hand Det. ler W�� a Entry by-___ Ct,.- Reporlea:_ esiicidc Study, Federal Tn,SL Other la A- (A)Q V-4 rCOWOLaboratory, ,• Gdunty: WAYNE Sample ID: AB56325 River Basin OF W ATFq PO Number # 10GO147 Report To AW ROAP �0 O� Date Received: 03/2512010 CO Time Received: 08:40 Collector: M STILLEY Lebworks LoginID SMATHIS Region: WARD Report Generated: 416/10 Sample Matrix: GROUNDWATER Data Reported: 04/06I2010 Loc. Type: WATER SUPPLY Emergency Yes/No MOO y COC Yes/No YES // ��r Loc. Descr.: THOMAS UZZEL Location ID: WAROAPNLC Collect Date: 0312312010 Collect Tlme: 17:50 Sample Depth CAS # Analyte Name PAL Result/Units Method Analysis Validated by ualifier Reference Date LAB Sample temperature at receipt by lab 0.9 C 3/25/10 SMATHIS NUT NH3 as N in liquid 0.02 750 J6 mg/L as N Lac10-107-06-1-J 3126/10 CGREEN Total Kjeldahl N as N in liquid 0.2 8110.16 mg/L as N Lachat107-06.2-H 3130/10 CGREEN NO2+NO3 as N in liquid 0.02 0.03 J6 mg/L as N LaC10-107-04-1-c 3/26/10 CGREEN Phosphorus total as P in liquid 0.02 76 J6,J2 mg/L as P Lac10-116-01-tEF 3/30/10 CGREEN P: Result qualified with J2 since recovery Sample Comments of QCS was 89% (acceptance I j j APR 12 2010 Laboratory Section» 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733-3908 For a detailed description of the qualifier codes refer to www.dwgfab.org under Staff Access Page 1 of 1 GROUNDWATER FIELD/LAB FORM ` A;� , `� LF Water County`�""'� Soil Quad No Serial No. Other Lat. Long. 1p/ �oL Chaln of Custody Report To: ARO, FRO, MRO, RRO, a®. WRO, WSRO, Kinston FQ,Eed, Trust, Central Off., Other: Purp Shipped by: Busur , Hand Del., Other: Collecto,r(s): 1 Date 2r3—AO Time 9,'S FIELD ANALYSES Owner 1 pH 40o Spec. Cond.gti at 254C Location, eC Odor Descripti( Field Analysis By: .,.-.r Aer My AKIAI VCFS .. BOO 310 mg/L COD High 340 mglL COD Low 335 mgfL Coliform: MF Feral 31616 /10om1 Culiform: MF Total 31504 /toond TOC 660 mg/L Turbidity 76 NTU Residue, Suspended 530 mglL pH 403 units Alkalinity to pH 4.5 410 mg/L Alkalinity to pH 0.3 415 mg/L Carbonate 445 mgfL Bicarbonate 440 1911- Carbon dioxide 405 mg/L Chloride 940 mgfL Chromium: Hen 1032 ug/L Color: True 80 Cu Cyanide 720 mglL Lab GOmmen GW-54 REV. 710: Sampling Remarks_ __U7_ North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY -GROUNDWATER SECTION !SAMPLE PRIORITY fDC-5f /l4utine Lab Number ov C 4_ Date Receiv d Time' Rec'd By: rom:eus ouder and Del — Other. Other. Data Entry By: Ck: Date Reported: +Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, Other. (orde me) o...aS VZ G Site lIDv.. ►+4 • - 1 Yf S of sampling point r cir-AL56na=512, athod (7Yg Sample Interval er. a c. Diss. Solids 70300 mgfL Fluoride 951 mg/L Hardness: Total goo mg& Hardness (non-carb) 902 mg/L I Phenols 32730 ugA Specific Cond. 95 umhos/cm Sulfate 945 mg/L Sulfide 745 mg/L Oil and Grease mg/L NH, as N 610 m9r� TKN as N 625 mg/L NO=+ NOs as N 630 mg/L P: Total as P 665 mg/L Nitrate (NO, as N) 620 mglL Nitrite (NO2 as N) 61 s _ mgfL ed sample and write'DIS' in block a (Pun ping time, air temp.. etc.) Or anochlorine Pesticides - Organophosphorus Pesticides Nitrogen Pesticides Acid Herbicides PCBs Semivolatide Organics TPH-Diesel Range Volatile Organics (VOA bottle TPH-Gasoline Range TPH-BTEX Gasoline Range LAB USE ONLY Q� Temperature on arrival (/ Report to:-WAROAP. NC DENR/DWQ Laboratory Sample Anomaly Report (SAR) Lab Number: wion Location: Sample Type: AB56325 Thomas Uzzel - point of discharge Water Sample ID: Source County: Wayne Region: WARO Priority: COC=Routine Collector: M. Stiliey Date collected: 3/23/2010 Date received: 3/25/2010 Date analyzed: 3/2010 Affected Parameter(s): NH3, NO3NO2, TKN, TP Analytical Area (check one): ❑WCH [-]METALS ®NUT ❑MICRO The following anomalies occurred (check all that apply): ®Samples ❑Improper container used ❑VOA vials with headspace ❑Sulfide samples with headspace ❑Samples not received, but listed on fieldsheet ❑Samples received, but not listed on fieldsheet ❑Mislabeled as to tests, preservatives, etc. ❑Holding time expired ❑Prior to receipt in lab []After receipt in lab []Insufficient quantity for analysis ❑Sample exhibits gross non -homogeneity NSample not chemically preserved properly NpH out of range (record pH):7 ❑VOA ❑SVOA ❑PEST ❑Quality Control ❑Instrument failure- no reportable results ❑Analyst error - no reportable results []Surrogates ❑None added ❑Recovery outside acceptance limits ❑Spike recovery ❑None added ❑Recovery outside acceptance limits []Failed to meet criteria for precision ❑Intemal standards ❑Blank contamination ❑QC data reported outside of controls (e.g., QCS, LCS) ❑Incorrect procedure used ❑SOP intentionally modified with QA and Branch Heac ❑Color interference ❑Invalid instrument calibration ❑Heavy emulsion formed during extraction ❑Elevated detection limits due to: ❑Sample bottle broken in lab - no reportable results ❑Insufficient sample volume ❑Other (specify): Comments: When the sample was received by the Nutrients group, sample pH was checked using pH indicator strips. The pH strips indicated a sample pH of 7. Sample pH must be < 2 for the affected parameters. ' Corrective Action:In the lab, 3 ml of 25% sulfuric acid was added to the sample to adjust sample pH to <2.The sample will be analyzed, and the results for the affected parameters will be qualified with J6. ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s) on hold until: ®Sample reported with qualification. Data qualification code used:J6 ❑Other (explain): Notification Required? ❑ Yes ❑ No Person Contacted: Date: Form completed by: ax Overma� Ov<-�— Date: 3/25/2010 Lead Chemist Review (initial) ®DIOCHEM❑PEST ❑M ETA LS ❑ VOA nch Head Review (ini ✓QC Review (ini ial): C� 5�U QA\Fom \Labormory\SAR ❑SVGA Logged into database by (initial)•�YZS/d 101231016s I ;d i County: WAYNE Sample ID: AB56326, r River Basin nFWATEq Q� PO Number# Date Received: 10G0148 Report To WAROAP 03125/2010 rOa y Time Received: 08:40 Collector. M STILLEY p Y Labworks LoginlD SMATHIS Region: WARD Report Generated: 4/6I10 Sample Matrix: GROUNDWATER Dale Reported: 04/06/2010 Loc.Type: WATERSUPPLY Emergency Yes/No Visllll) CDC Yes/No YES Loc. Descr.: THOMAS UZZEL V Location ID: WAROAPNLC Collect Date: 03/23/2010 Collect Time: 18:30 Sample Depth Result/Method Analysis Validated by CAS # Analvte Name ualifier Units Reference Date LAB Sample temperature at receipt by lab 0.9 C 3/25/10 SMATHIS NUT NH3 as N in liquid 0.02 0.02 U mg/L as N Lac1D-107-06-1J 3/26/10 CGREEN Total Kjeldahl N as N In liquid 0.2 1.2 mg/L as N Lachat107-06-2-H 3/30/10 CGREEN NO2+NO3 as N In liquid 0.02 11 mg/L as N Lac10-107-04-1-c 3/26110 CGREEN Phosphorus total as P in liquid 0.02 0.08 J2 mg/L as P Lac10-115-01-1EF 3/30/10 CGREEN Sample Comments Result qualified with J2 since recovery of QCS was 89% (acceptance 1 APR 1 2 2010 1 i ji'FICE Laboratory Sectlon» 1623 Mall Service Center, Raleigh, NC 27699,1623 (919) 733.3908 For a detailed description of the qualifier codes refer to www.dwqlab.org under Staff Access Page 1 of 1 GROUNDWATER FIELD/LAB FORM SAMPLE TYPE Water Count ❑ Soil Quad No. Serial No. ❑ Other Lat. Long. Chain of Custody Report To: ARO, FRO, MRO, RRO, a®, WiRO, WSRO, Kinston Trust Central Off., Other: Purp Shipped by: Bu Court , Hand Del., Other: r n Collector(S)7 C 1 Date' 23-AO Time V, FIELD ANALYSES Owner pH 400 Spec. Cond.gk_ at 25eC DLocation, Temp.t0 °escn C Odor p Sampling Appearance Remarks. Field Analysis By: BOD 310 COD High 340 COD low 335 Colifonn: MF Feral 31616 co itorm MF Total 31504 TOC 680 Turbidity 76 Residue. Suspended 530 PH 403 Alkalinity to pH 45 410 Alkalinity to pH 8.3 415 Carbonate 445 Bicarbonate 440 Carbon dioxide 405 Chloride 940 Chromium: Hex 1032 Color: True 80 Cyanide 720 1 ah Comments GW-54 REV. 7103 For F I� mg/L mglL Diss. Solids 70300 Fluoride 951 ` Hardness: Total 900 mg/L /100m1 /10orry mg/L NTU mg/L Hardness (non-carb) 902 Phenols 32730 Specific Cond. 95 Sulfate 945 � Sulfide 745 Oil and Grease units mg/L mg/L mg/L mg/L mg/L ug/L cu mg/L t 1 / Department of Environment and Natural Resources v DIVISION OF WATER QUALITY-jGROUNDWATER SECTION SAMPLE PRIORITY l Y.�I l l "t 6 ,� Routine L umber 1 t 12 ❑ Emergency Psi-rs..� Date Received, Time: 6 Rec'd By: rom:Bus oun r, Hand Del., Other. Data Entry By: Ck: Date Reported: e: Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, Other. (arUe one) ,ow+0.5 L%L Site 1 *. "" ►+� s of sampling point -:S-r. . ice' C0. �I N� ethod h _ Sample Interval o. er. a c. NH3 as N 610 rng, . TKN as N 625 mg I NO2 t NO3 as N 630 m P: Total as P 665 - mg L 'Nitrate (NO3 as N) 620 mg Nitrite (NO2 as N) 615 mg red sample and write'DIS' in block (Pumping time, w temp.. etc.) T on arrival: �.WCOWO faboratorySection Tesultsl County: WAYNE Sample ID: AB56327 River Basin W ATF9Q PO Number # 10GO149 * o apF Received: Report To WAROAP �O Date 03/25/2010 ? Time Received: 08:40 Collector: M STILLEY .1 O `C Lebworks LoginlD SMATHIS Region: WARD Report Generated: 4/6I10 Sample Matrix: _GROUNDWATER Date Reported: 04/06/2010 Loc. Type: WATER SUPPLY Emergency Yes/No Visitio S/ 0> 15,6 CDC Yes/No FPS Loc. Descr.: THOMAS UZZEL Location ID: WAROAPNLC Collect Date: 03/2312010 Collect Time: 17:35 Sample Depth CAS # Analvte Name Result/ Units Method Analysis Validated by ualifier Reference Date LAB Sample temperature at receipt by lab 0.9 'C 3/25/10 SMATHIS NUT NH3 as N in liquid 0.02 3.7 mg/L as N Lac10-107-06-1-J 3/26/10 CGREEN Total Kjeldahl N as N in liquid 0.2 4.3 mg/L as N Lachat107-06-2-H 3/30110 CGREEN NO2+NC3 as N in liquid 0.02 9.6 mg/L as N LaclO-107-04-1-c 3/26110 CGREEN Phosphorus total as P in liquid 0.02 0.28 J2 mg/L as P LacIO-115.01-1EF 3/30/10 CGREEN Sample Comments with J2 since recovery of QCS was 89% APR 1 2 2010 1 Laboratory Sectlon» 1623 Mall Service Center, Raleigh, NC 27690.1623 (919) 733-3908 For a detailed description of the qualifier codes, refer to www.dwqlab.org under Staff Access Page 1 of 1 ROUNDWATER FIELD/LAB FORM Water County �^'Y ❑ Soil Quad No Serial No. ❑ Other Lat. Long. Chain of Report To: ARO, FRO, MRO, RRO, a®, WiRO, WSRO, Kinston Fad. Trust, Central Off., Other: Shipped by: Bus,lo�uri Hand Del., Other: Date 23-11J Tim Collector(s): C t FIELD ANALYS S at 25°C pH 400 'Spec. Cond.g4 Temp.lo °C Odor Appearance Field Analysis By: BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Colifonn: MF Fecal 31616 1100ml Culifonn: MF Total 31504 It 00nd Diss. Solids 70300 Fluoride 951 Hardness: Total 900 Hardness (non-carb) 902 Phenols 32730 Specific Cond. 95 TOG 680 mg/L Turbidity 76 NTU Sulfate 945 Residue, Suspended 530 mg/L pH 403 units Alkalinity to pH 4.5 410 mg/L Alkalinity to pH 8.3 415 rng/L Carbonate 445 mg/L Bicarbonate 440 mg/L Carbon dioxide 405 mg/L Chloride 940 mg/L Chromium: Hex 1032 ugfL Color: True 80 Cu Cyanide 720 ing/L Sulfide 745 Oil and Grease NHz as N 610 TKN as N 625 NOz + NOz as N 630 P: Total as P 665 Nitrate (NO3 as N) 620 Nitrite (NOz as N) 615 Lab sample and write Location North Carolina Department of Environment and Natural Resources DIVISION OF WAITER OUALITY-GROUNDWATER SECTION SAMPLE PRIORITY 1 DI Routine Lab Number �f7� ❑ Emergencyrc.. Date Received ime: Rec'd By: Fr m:Bus, ourie , Hand Del., Other. Data Entry By: Ck: Date Reported: se: Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust, Other - (circle are) ,o,y.as 1iZ L t� � - i , f e✓s of sampling point Aethod C� g� -rF Sample Interval —er. a C. IPum°inq time, air temp.. etc.) . Ag-Silver 46566 uqj "uminum 46557 u !L As -Arsenic 46551 U91 Ba-Badum 46558 u /L Ca -Calcium 46552 m L Cd-Cadmium 46559 u /L Cr-Chromium 46559 u /L Cu-Copper 46562 - u fL Fe -Iron 46563 u 1L Hg-Mercury 71900 u IL K-Potassium 46555 m 2 Mg -Magnesium 46554 mg/L Mn-Manganese 46565 ug/L Na-Sodium 46556 m 1L Ni-Nickel i ug/L Pb-Lead 46564 u IL Se -Selenium u 1L Zn-Zinc 46567 u Orgarmchlarine Pesticides Organophosphorus Pesticides Nitro en as es Acid Herbicides PCBs Semivolatle Organics TPH-Diesel Ran e Volatile O anics (VOA bottle) TPH-Gasoline Range TPH-BTEX Gasoline Range LAB USE ONLY Temperature on arrival: 410 Report to: wc� GROUNDWATER SECTION Page-L of CHAIN OF CUSTODY (COC) RECORD NC DENR/DWQ LABORATORY (check one): XCENTRAL i 1 ARO . 11 WaRO For Invesrigation of: kZ r _ l —7 Incident No. Sample collector (print name) and GW-54 forms completed by: G Sample col]ector's signature: Field storage conditions and location (when applicable): — Lab Use Only LAB NO. SAMPLE ID QUAD. NO, LOCATION DATE SAMPLED TIME SAMPLED .NUMBER OF CONTAINERS D rCP,e t 5 Ar 3' 10 --3 -23— 1� RelinqucdbyjsiSLtu Date 2.33— 0 Time ec 'ved by (signLe): ate lU tme iic Relinquis e y (ignature): Q Date Time eceived by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment circle one): State 'Councr H t-delivere Fe ral ExpVA UPS Other: Security Type and. Conditions: T7SFaTc-dy: e b 1 -L rl-- ^..I INE FM QA\Forms\Sample Receiving\COC form OW 4110/01dbs OF WATF9 r January 15. 2002 Mr. Thomas Uzzell T & D Farms 419 N. Beston Road LaGrange, North Carolina 28551 SUBJECT: Notice of Deficiency T & D Farnis Facility No. # 96-17 Wayne County Dear Mr. Uzzell: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory Thorpe, Acting Director Division of Water Quality This letter is to notify you that the Division of Water Quality received a Notice of Referral (NOR) from the Division of Soil & Water Conservation (DSWC) on October 22, 2001 referencing violation of hydraulic overload as noted during the routine Operation Review which was conducted on October 17, 2001. G.S. 143-215.10E requires staff from the DSWC to notify the Division of Water Quality and the owner/operator of observed violation(s). During the operation review inspection, Mr. McLawhorn noted die hydraulic loading on the Coastal Bermuda pasture in fields 2k3m1 and 2k417 had exceeded the recommended hydraulic loading rate as required by your WUP. Please be advised that in accordance with your waste utilization plan, the irrigation application events should not exceed the hydraulic loading rate as specified ver the soil tvoc and in no case should an imeation event exceed one inch her acre. It is advised to review your Waste Utilization Plan and/or consult with your Technical Specialist for assistance and guidance in this matter and determine the proper irrigation plan that will comply with your CAWMP and General Permit. It is very important as the owner and/or the Operator in Charge that the aforementioned violation and any other problems that may arise be resolved, as soon as possible. Please be advised that the owner and/or OIC are required to manage and operate the animal wastewater system (lagoon & irrigation system and spray fields) in an efficient and effective manner to meet the requirements of the WUP, general permit and eliminate potential environment damage. For additional assistance, please contact your Technical Specialist. 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, /9. Lvn . Hardison Environmental Specialist Cc: Wayne Comity Soil and Water Conservation District George Pettus, Goldsboro Hog Farms Mike Regans, NCCES Non -Discharge Compliance Unit NCDSWC-WaRO &WaRO Animal Compliance File LBH files 943 Washington Square Mall Washington, NC 27889 252-946-Wl (Telephone) 252-946-9215 (Fax) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED January 4, 1999 Mr. Thomas P. Uzzell T&DFarms 205 Tramway Drive Goldsboro, NC 27534 SUBJECT: Notice of Deficiency Animal Feeding Operation Compliance Inspection T & D Farms Facility No. 96-17 Wayne County Dear Mr. Uzzell: On February 23, 1998, George Pettus of Goldsboro Hog Farm and I of the Division of Water Quality from the Washington Regional Office conducted an Animal Feedlot Operation Compliance Inspection at your farm in Wayne County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 211.0217, Senate Bill 1217, Certified Animal Waste Management Plan and General Permit; (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. ♦ In accordance with condition III, item 4 of your General Permit you are required to analyze the animal waste as close to the time of application as practical and at least within 60 days (before or after) of the date of application. These analysis must be available for future inspections. ♦ Rework the irrigation records when you receive the next waste analysis. ♦ Keep separate IRR 2 for each crop (one sheet for the coastal and one for small grain). ♦ It is suggested to keep irrigation records per each lateral line. ♦ The area where Nozzle AO and J04 are located needs to be reseeded. It is suggested to restrict irrigating in areas were a natural grass waterway is located during the wettest months. Always monitor these areas during irrigation and afterwards. 943 Washington Square Mall, Washington, NC 27889 Telephone (919) 946-6481 FAX (919) 975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper : Cont; :Pa _ e Two - - - T&DFarms Facility No. 96-17 January 4, 1999 In addition to the aforementioned deficiencies, it is important that you determine the wetted acreage in each irrigation pull and map these patterns out in relationship to your waste management plan. The IRR-2 records can be kept by irrigation pull and the computations completed by wetted acres. 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 cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 318. Sincerely, /- LHardison Environmental Specialist cc: George Pettus, P.O. Box 10009, Goldsboro, NC 27530 Mike Regans Wayne County SWCD Office DSWC-WaRO (w/out attachments) Compliance Group (w/out attachments) WQ-Central Files �' RO I* rcoutme p t,omptamt p ronow-up of uwy inspection p ronow-up of u�wt. review p vtner Facility Number Date of In>hection Time of Inspection ® 24 hr. (hh:mm) a Registered 0 Certified a Applied for Permit 0 Permitted 10 Not Operahona Date Last Operated: FarmName: T.&1).Farms..................................................................................................... County: Wayne WaRO OwnerNamc: Thomas .................................. U=U .......................................................... Phone No: 919-56b:236.7........................................................... Facility Contact: Title: Phone No: Mailing Address: 205.Tramway..Dr.................................................................................. GixIdsbnm.N.0 ....................................................... Z753A .............. Onsite Representative: Thomas..Uzzc11..G.eorge..P.ettus.......................................... Integrator:Goldsb.ora.Hog.F.arms....................................... Certified Operator:T.homas.P............................. Uzzrdl................................................. Operator Certification Number:16596............................. Location of Farm: Latitude =• 0' =lt Longitude =• =' =« estgn, ., urren estgn urren estgn- urren Swine" Capacity Population: ''Poultry Capacity Population Cattle Capacity' Populatio r �I ❑ wean to Feeder ® Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finis ❑ Gilts ❑ Boars ,aLtvo General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Dischar-e originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the convevance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in galhnin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes a No ❑ Yes a No ❑ Yes a No ❑ Yes a No n/a ❑ Yes a No ❑ Yes a No ❑ Yes a No a Yes ❑ No ❑ Yes a No 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes a No Continued on back 8_ Are_t}iere lagoons or storage ponds on site which need to be properly closed? p Yes ®.No _-- Structures (Lagoons,Holding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ....................................................................................................................................................................................................................... Freeboard(ft):.............. 20.................. .................................... ................................... .................................... .................................... .................................... 10. Is seepage observed from any of the structures? p Yes ® No 11. Is erosion, or any other threats to the integrity of any of the structures observed? p Yes ® No 12. Do any of the structures need maintenance/improvement? p Yes ® No (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? p Yes ® No Waste Annlicatiun 14. Is there physical evidence of over application? p Yes p No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ......Coastal 8armuda.Gzass.......Staall.Grainl.(..VV1lheat„BarlAy.............................................................................................................. 16. Do the receivingcrops differ with those designated in the' Rat Waste Management Plan AWMP P g g ( ). ❑Yes ®No 17. Does the facility have a lack of adequate acreage for land application? p Yes ® No 18. Does the receiving crop need improvement? ® Yes p No 19. Is there a lack of available waste application equipment? p Yes ®No 20. Does facility require a follow-up visit by same agency? ® Yes p No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? p Yes ®No 22. Does record keeping need improvement? ® Yes p No For Certified or Permitted Facilities Onlv 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? p Yes ®No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ® Yes p No 25. Were any additional problems noted which cause noncompliance of the Permit? p Yes p No i i�.l iVM-�1111'1VW1�M IlV fYl lllGi : • .... .......... s:visit:..:.:.:.::: ,:::::.:.::.::::::.:.:.:::.:....:::.:::::.:..... ::..: , : IReviewer/Inspector Name jL` B Hardison :. ^� ^" - Reviewer/Inspector Signature: Date: Additional Comments and/or s DrawinA u 1' - �.a� JS...t 1--.:�ay..�•__�_.�' �l--ri t��----"...=. During the wet months you may need to remove these low ares from your irrigation rotation patterns. 1 intend on re -inspecting your facility very.soon to reevaluate your records and spray _fields._ Ifyouu should have anyquestions pertaining to this evaluation, please contact me at 252/946-6481, ext. 318._ 7/25/97 State of North Carolina Department of Environment, Health and Natural Resources4 • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary�[��� A. Preston Howard, Jr., P.E„ irector ID - "vr'r u�FTCE April 4, 1997 OR 14 1997 Thomas Uzzell D M T&D Farms 205 Tramway Dr. Goldsboro NC 27534 SUBJECT: Notice of Violation Designation of Operator in Charge T&D Farms Facility Number 96--17 Wayne County Dear Mr. Uzzell: You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1.997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. SinnclIe--rely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Washington Regional Office Facility File Enclosure P.O. Box 29535, .FAX 919-733-2496 Raleigh, North Carolina 27626-0535 NiAwfC An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 W16 recycles/1096 post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Thomas Uzzell T&D Farms 205 Tramway Dr. Goldsboro NC 27534 Dear Mr. Uzzell: 1DEHNR April 3, 1997 RECErVM WASHINGTON OFFICE APR 0 7 1997 M. SUBJECT: Notice of Violation Designation of Operator in Charge T&D Farms Facility Number 96--17 Wayne County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in' Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Washington Regional Office . Facility File Enclosure P.O. Box 29535, ��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 N��C An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper