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-
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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
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Page 2
Uzzell Letter 4.
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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
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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