HomeMy WebLinkAbout710056_ENFORCEMENT_20171231NUH I H UAHULINA
Department of Environmental Qual
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MEMORANDUM
Michael F. Easley
Governor
William G. Ross Jr., Secretary
of Environment and Natural Resources
1-1611td Vf 7U U uLL✓ Kerr T. Stevens
..�...�.��....����...�..r_�...d Division of Water Quality
July 13, 2001
TO: Kathy Cooper.
Special Deputy Attorney General
FROM:''iterr T. Stevenr] ! `
SUBJECT: Request for Collection Penalties
Please initiate collection proceedings for the cases listed below. Copies of the relevant documents
for each case are attached- Please call Steve Lewis at 733-5083, ext. 539 at your earliest convenience to
discuss. Thank you for your assistance.
Violator
Craig King — Watha K-6 Farm
Case Number
DV OD-012
Date Assessed
June 29, 2000
Date Received
July 27, 2000
(Mr. King did not send back the certified mail green card when this civil penalty was
received but he did file a contested case petition in OAH on July 27, 2000. Mary Dee
Carraway handled the case. Mr. King lost. DWO does not have any record of the OAH
decisi reviewed b the EMC. Mr. King has no paid an we do not believe e
has filed for judicial review. The criminal case associated with this discharge is
scheduled for the end of this month in Wilmington. We don't know who the civil penalty
case was assigned to when Mary Dee left.)
J. J. McCree DD 98-012 November 18, 1998 November 24,
(According to Sharlene Moses' records, Mr. McCree still owes $1,998.97 and his last
payment was made on 3/28100. Your office has been handling this one and should have
the relevant paperwork.)
Three B Farms, Inc.
atffb'0� �Q U
F01 f 1 1 d
1998��t
PC 99-006 June 17, 1999 June 29, 1999
(Steve Lewis talked with Anita about this case. The civil penalty was received in June
'99. There was no response within 30 days. Steve called Thad Bullock, one of the
corporate officers of Three B Farms, Inc., in Nov. '00. Bullock said that they had
requested remission. Since the paperwork might have been lost on our end, we sent a
copy of the CPA and an administrative hearing waiver/stipulation of facts form. That was
received on 11/28/00 but no remission request/waiver was retumed. Another letter was
sent in May'01. No green card came back on that letter.
Three B Farms, Inc. sold the hog farm in Sept. '99, shortly after the civil penalty was
assessed. However, Three B Farms, Inc. is still registered as an active corporation with
the NC Sec. of State as of 7/13/01. We're concerned that the Bullock's will dissolve
Three B Farms, Inc. if they get a demand for payment letter. Anita thought we could do a
combination demand/collection filing letter.)
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fVCD£i':ft
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617
(919)733-7015
1 800 623-7748
ATTACHMENTS
cc: J mingtoRegioce — no attachments
ayetteville Regional Mice — no attachments
Enforcement Files — no attachments
Division of Water Quality
Non -Discharge Compliance Enforcement Unit Civil Assessment Case Review
Case Number: DV 00-012
Facility Name: Watha Farm K-6
Farm #: 71-56
Case Synopsis:
In response to a citizen complaint on February 16, 2000, DWQ staff from the Wilmington Regional Office
(WIRO) inspected Washington Creek and its branches. The complaint described milky, maroon -colored
water in the creek with the smell of urine. Staff traced the waste about two miles upstream to the Watha
Farm K-6. Mr. Craig King, dba King Farms, owns this farm. The farm was permitted on August 21, 1998.
Staff observed wastewater ponded between the barns and the lagoon, in the sprayfield, in ditches, and in an
unnamed tributary to Washington Creek (see photos). Staff collected surface water samples at various
locations on the farm and from Washington Creek and its tributaries (see maps). Analytical results showed
elevated levels of fecal coliform compared to background samples as shown below:
SAMPLE NO.
LOCATION RESULTS
colonies per 100ml
#1K6
Farm ditch near K-6 lagoon
57,000
#2K6
Area ponded on ground adjacent to K-6 lagoon
1,200,000
#3K6
ditch approximately 300 feet d/s of K-6 lagoon
250,000
##4K6
ditch approximately 500 feet d/s of K-6 lagoon
270,000
#5K6
ponded area in UT to Washington Ck. app. % mile d/s K-6
114,000
WC4
ponded segment of UT to Washington Ck. % mile d/s K-6
460,000
WC5
flowing stream segment of UT to Wash Ck.'/. mile d/s K-6 lagoon
940
WC1
Washington Creek d/s 2 miles @ NC Highway 117
550
WC2
UT to Washington Creek u/s at SR 1314
69
WC3
u/s Washington Creek
58
WC6
UT to Washington Ck, u/s along SR 1315
54
In his response dated March 1, 2000, Mr. King stated that an employee discovered the spill on February
l 5's between 7:30 and 8:00 AM and immediately notified the certified operator, Mr. Craig (Buddy) King,
Jr. Staff received the complaint on February 16`h at 9:15 AM, traced the waste back to the farm, and
inspected the farm at about 2:00 PM. The farm had not notified DWQ of the spill prior to the time of the
inspection, which was more than 24 hours after first knowledge of the discharge. The certified operator
also failed to assess the extent of the discharge as required by the Emergency Action Plan and the facility
failed to submit their written report within five calendar days. Staff observed two dead fish approximately
1400 to 1500 feet downstream of the farm.
Craig King and Buddy King stated that the cause of the discharge was a flush tank float switch malfunction
combined with a clogged overflow pipe. The switch malfunction was stuck in the "on" position, causing
the tank to fill continuously and the clogged pipe caused an overflow from the barn. Mr. King hired a
professional engineer to calculate the volume discharged based on the farm's weekly lagoon level records.
Based on a lagoon level difference of two inches, the engineer calculated a volume of 68,928 gallons for
the discharge.
During the inspection, WIRO staff measured the time it takes to fill the 600-gallon flush tank at 90 minutes
or 6.7 gallons per minute. If 68,928 gallons discharged, the tank would have been continuously filling and
overflowing for 10,288 minutes (more than 7 days).
The lagoon freeboard readings were taken only one day prior to Mr. Buddy King observing the spill. The
lagoon staff gauge is located in proximity to the flush tank, and would likely have been noticed by the
individual obtaining the staff gauge reading if the discharge had been occurring for the previous seven
days. Staff observed that the concrete sides and the area beneath the flush tank were clean, with no
indication of pink waste stains on the tank or concrete foundation. Staff inspected the float switch and
interior walls of the flush tank. There was no indication of salt build up or salt build up removal inside the
tank or overflow pipe. Buddy King stated that the float was hung up on salt deposits within the tank, while
Craig King stated that the floats and switches were replaced.
Assessment Factors of Importance:
I. Degree and extent of harm:
2. Duration and gravity of the violation:
3. Effect on water quantity or quality:
4. Cost to rectify damage:
5. Amount of money saved:
6. Willful or intentional
Discoloration and the odor in Washington Creek
prompted a citizen residing approximately two miles
downstream of the farm to notify DWQ of the
discharge. Elevated fecal coliform levels were
present two miles downstream.
The discharge occurred on or before February 15,
2000. The discharge may have lasted as long as 7
days. Approximately 69,000 gallons of waste were
discharged.
Elevated fecal coliform counts were detected
downstream of the Watha K-6 farm on February 16,
2000. The stream bed was observed by the staff to be
discolored with the appearance of swine wastes on
February 17, 2000.
Any cleanup would cause adverse impacts to nearby
wetlands. The fish replacement costs are minimal.
Unknown
Unknown
7. Prior record: Mr. King owns eleven hog farms. Since January
1990, he has been assessed and paid civil penalties on
four occasions for a total of $11,851.24. (Case Nos.
WQ 90-28, CD 92-001, CD 93-012, and DD 96-011).
Mr. King's farms have been cited for numerous
violations dating back to 1982.
8. Investigative costs: $2,465.95
Response
Attached and flagged.
Recommendation:
The regional office recommends
The Non -Discharge Enforcement Unit recommends ???
W
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Craig King
King Farms
126 Garland King Road
Teachey, NC 25464
Dear Mr. King:
RECEIVED
J U L 0 5 2000
BY:------.-..r��-�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENvIRONMEMr AND NATURAL RESOURCES
June 30, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to the Waters of
the State without a Permit and
General Permit Condition Violations
Watha Farm K-6
Farm #71-56
Pender County
File No. DV 00-012
This letter transmits notice of a civil penalty assessed against the Watha Farm K-6 in the
amount of $7,965.95 including $2,465.95 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. 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone (919) 733-5083 Location:
1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 RaIeigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
hrrp.11h2o. enr.state.nc. us
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing_ This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or
Mr. Jeff Poupart at (919) 733-5083, ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: kick Shi evi, WIRO Regional Supervisor wl attachments
Mike Williams, WIRO w/ attachments
File DV 00-012 w/ attachments -
Central Files w/ attachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , 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.
This the day of , 20�
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF PENDER
IN THE MATTER OF
CRAIG KING
d/b/a KING FARMS
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
AND FOR VIOLATIONS
OF GENERAL PERMIT
CONDITIONS
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-012
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL. PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Craig King owns and operates a swine animal operation located along SR 1313 in
Pender County known as the Watha Farm K-6.
B. Craig King was issued Certificate of Coverage AWS710056 under General Permit
AWG 100000 for the Watha Farm K-6 on and effective August 21, 1998, with an
expiration date of April 30, 2003.
C. In response to a citizen complaint, on February 16, 2000 at approximately 2:00
PM, DWQ staff observed a discharge of wastewater from the Watha Farm K-6 to
an unnamed tributary to Washington Creek, which are Class C Sw waters of the
State within the Northeast Cape Fear River Basin.
D. Craig King had no valid permit for the above -described activity.
E. Condition No. III. 6. f. of the General Permit requires that the permittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of
overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface
waters.
F: In his response dated March 1, 2000, Craig King stated that an employee
discovered the spill on February 15, 2000 between 7:30 and 8:00 AM. Mr. King
also stated that the employee immediately notified the farm manager, Craig
(Buddy) King, Jr.
G. Craig King failed to notify DWQ of the animal waste runoff entering surface
waters within the required 24 hours after discovery.
H. Condition No. III. 6. of the General Permit requires that the permittee notify
DWQ in writing within five (5) calendar days following first knowledge of the
occurrence.
I. Craig King failed to notify the DWQ in writing within five (5) calendar days
following first knowledge of the occurrence.
J. The cost to the State of the enforcement procedures in this matter totaled
$2,465 95.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Craig King is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. An unnamed tributary to, Washington Creek constitutes waters of the State within
the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Craig King violated Condition No. III_ 6. f. of the General Permit by failing to
notify DWQ of a discharge within 24 hours of first knowledge of the occurrence
of overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface
waters.
E. Craig King violated Condition No. III. 6. of the General Permit by failing notify
DWQ in writing within 5 calendar days following first knowledge of the
occurrence.
F_ Craig King 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 apply for or to secure a permit required by G.S. 143-2IS. 1.
G. Craig King 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
fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
H. The State's enforcement costs in this matter may be assessed against Craig King
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
I. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Craig King is hereby assessed a civil penalty of:
$ S O o for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ 1 ti Cho o for violating Condition No. III. 6. f. of the General Permit
by.failing to report by telephone to the appropriate Regional
Office as soon as possible, but in no case more than 24
hours following first knowledge of overapplying animal
waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where
runoff enters surface waters.
$ O for violating Condition No. III. 6. of the General Permit by
failing to notify DWQ in writing within 5 calendar days
following first knowledge of the occurrence.
$ S ,, S O O TOTAL CIVIL PENALTY, which is 27- S percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 2,465.95 Enforcement costs
$ 7. ?& S. 2 5- TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have
considered the factors Iisted 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 water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(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.
co 2q-oa 4�'a
(Date) Kerr T. Stevens, Director
Division of Water Quality
TO: Jeff Poupart, Archdale
,,-Rick Shiver. Wilmington Reoional Office
FROM: Janet D. Leach Wernoranclain
SUBJECT: NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE HEARING
DATE: August 5, 2000
AUG 1 0 2000
COUNTY OF PENDER
V. CRAIG KING, d/b/a KING FARMS L
.
V
NCDENR
The petition for the above case was recently forwarded to this office from OAH.
The attorney representing the state in this matter is Mary Dee Carraway
The hearing is scheduled for the week of UNKNOWN AT THIS TIME.
In the event the case is not settled before the hearing date. we will be gathering information to
prepare for the court date. This information will include, but is not limited to the CPA, permit, all
documentation leading up to the issuance of the CPA or information concerning the permit, -photos,
correspondence and a list of witnesses.
If this documentation is routed through your office to someone else, please have that person contact
me immediately so that I will know who to communicate with for further information concerning
this case.
Thank you for your cooperation in this matter.
cc: Tommy Stevens
Coleen Sullins
Reply to:.ianei D. Leach, Paralegal
Stale of North Carolina
Attorney General's Office
Environmental Division
Tel: (919) 716-6948
Fax: (919) 716-6766
STATE OF NORTH CAROLINA
NORTH CAROLINA
COUNTY OF PENDER ENVIRONMENTAL MANAGEMENT COMMISSION -
FILE NO: DV 00-012
V. CRAIG KING, d/b/a KING FARMS
Petitioner ]
V. RECEIVED
N. C. DEPARTMENT OF ENVIRONMENT ]
AND NATURAL RESOURCES
Respondent ]
N. C. ATTORNEY GENERAL
FmrimmmenW Division
PETITION FOR ADMINISTRATIVE
HEARING PURSUANT TO N.C.G.S. 150B-23
Now comes, V. Craig King, (hereafter "Petitioner"), by and through his counsel, Richard
L. Burrows, of the firm of Burrows & Hall, and respectfully petitions the Court for an
Administrative Hearing pursuant to the provisions of N.C.G_S. § 150B-23, and shows as follows:
1. That at all times pertinent to the matters in controversy, your Petitioner was the owner of
Farm 971-56, located in Pender County, North Carolina_
2. On or about February 16, 2000, at approximately 7:30 to 8:00 a.m., an employee of Craig
King, who does not work on any swine farm, drove into King's Watha Farm K-6 to inspect some
of the crops growing on the farmland, and discovered swine waste overflowing from a flush tank into
an adjacent ditch area, and immediately thereafter notified a swine farm employee. That employee
notified Buddy King, Craig King's son, of the overflow, and Buddy King immediately went to the
flush tank, cut off the water supply, repaired a failed automatic switch, and thereby stopped further
runoff from occurrina. Craig King was then on vacation in Florida, and Buddy King immediately
1
attempted to call him to advise of the runoff, but was unable to reach him until the next day. Upon
learning of the runoff Craig King returned to North Carolina the same day, February 17, 2000.
Buddy King did not immediately call DWQ and notify them of the spill because he had been
instructed to notify his father and let him personally do the notification. Prior to Craig King's arrival
back from Florida, the DWQ inspectors were already on the farm and aware of the spill, and
Petitioner then knew that DWQ had already been notified_
3. The flush tank that overflowed is one of nine of the same tanks that operate at that
facility. They are designed so that they automatically dump the contents of the tahk when it is full.
At the point the tanks fill, they are designed to trigger an electronic sensing devise, which then
automatically pulls a plug at the bottom of the tank, thereby dumping the contents into the swine
barn. The purpose of the flush tank is to wash out the waste storage areas, and the wash water and
waste is then gravity fed back into the lagoon through pvc piping. All of the dump tanks functioned
normally, except for the one that overflowed. The investigation -by Buddy King revealed that the
electronic sensing devise that operates the dumping mechanism and is triggered when the tank is full,
had malfunctioned during the night or early morning of February 16, 2000, causing that one
particular dump tank to overflow. The malfunction was discovered at the same time as the swine
farm employees were starting work on the morning of February 16, 2000. The tanks, pumps, and
related lines had recently been inspected, and cleaned out. Petitioner has no reasonable or reliable
means of detecting and avoiding any such electronic malfunction in advance, because such a failure
occurs without warning. Such a malfunction is not a usual or predictable occurrence.
4. Petitioner acknowledges that the swine waste runoff ran into a ditch on Petitioner's
property, which is located immediately adjacent to the swine facilities, but is informed and believes
2
and alleges that there was an insufficient quantity of that waste to run down the ditch to any creek,
branch or stream, which would constitute waters of the state. Petitioner further acknowledges that
he did not give direct notice to DWQ within twenty-four hours of the occurrence, but by way of
defense, Petitioner had no knowledge of the occurrence until February 17, 2000, and at -that time
DWQ already had knowledge of the occurrence and was engaged in inspecting the occurrence.
Petitioner has changed his procedure to provide for direct notice to DWQ by an employee in the
event Petitioner is unavailable.
5. The runoff that is the subject of this penalty action occurred as a direct result of an
unexpected, unusual and unforeseeable malfunction ofthe electronic sensing devise, during the. night
or early morning of - February 16, 2000, and only one of the nine flush tanks malfunctioned.
Petitioner did not do any act or fail to do any act which would or could have prevented the
overflowing of the flush tank and the swine waste going into the ditch.
6. Petitioner -had taken all reasonable means to avoid any malfunction and any runoff, but
due to the electronic malfunction, the event occurred. For that reason, Petitioner did not "make an
outlet to the waters of the state", as alleged by DENR.
7. Petitioner is further informed and believes that the Findings and Decision and Assessment
of Civil Penalties is legally erroneous, arbitrary, capricious, and is not supported by competent
evidence or facts, and the conclusions drawn therefrom are therefore legally improper.
8. The Director's Findings of Fact C, that the Petitioner made an outlet to waters of the State
is unsupported by any factual basis, and Conclusion of Law subparagraph C is erroneous as a matter
of law.
9. The Director's Findings of Fact D is insufficient as a matter of law to support a penalty
assessment, in that the D WQ had knowledge of the runoff within twenty-four hours of the time Craig
King first had knowledge of the event_
10. Petitioner is informed and believes and therefore alleges that the electrical malfunction
of the tank sensing device was an unusual, unexpected and exceptional incident that was both
beyond the reasonable foreseeablity and control of your petitioner, and that petitioner had neither
done or neglected to do any act which either caused, contributed to, or permitted waste to be
discharged into the waters of the state within the intent and meaning of N.C.G.S. § 143 -215. 1 (a)(6),
and petititoner did not make any outlet into the waters of the state in violation of N.C.G.S. § 143-
215.1(a)(1).
11. The assessed $4,500.00 civil penalty for "making an outlet to the waters of the state" is
not supported by competent legal factors as required by law, in that Petitioner is informed and
believes that the Division did not properly consider the factors required by N. C.G.S. § 143-215.6A(c)
and §143B-282, but arrived at the penalty assessments by use of a penalty guidance document
applicable to a broad class of events, rather than a reasoned decision based upon statutorily mandated
factors. That this process neither procedurally nor substantively considers or implements the
requirements of § 143B-282(b).
12. There is no evidence of either any actual or reasonable costs associated with any
investigation, inspection or monitoring that resulted in the investigation of the alleged violation, or
of any actual or reasonable costs associated with the enforcement of the state regulations in this case
that would either justify or support the Director's conclusion and assessment of costs in the amount
of $2,057.84 in this case. Petitioner is informed and believes that the costs incurred in this case were
and are unreasonable in the circiunstances of this or any similar case.
WHEREFORE, your petitioner, having disputed the findings and conclusions of law, as well
4
as the penalties and costs assessed by the Director in this case, respectfully requests and
Administrative Hearing, as provided by law.
Dated: July .0 2000.
I:18MYZfl�.�'�
BY
Rich d L. Burrows
State Bar 4 637
P. O. Box 816
Wallace, N. C. 28466 '
(910) 285-3600
Attorney for the Petitioner
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
CRAIG KING, being first and duly sworn, deposes and says that he has read the foregoing
Petition for Administrative Hearing and knows the contents thereof, that the same is true to his own
knowledge except those matters and things stated therein upon information and belief, and as to
those matters and things, he believes them to be true.
RAIG KIN
SWORN TO AND SUBSCRIBED
BEFORE ME THISDAY OF
DULY, 2000.
Notary P xc
My Commission Expires:
5
CERTIFICATE OF SERVICE
I, Richard L. Burrows, of P.O. Box 816, Wallace, North Carolina, 28466, do hereby certify:
That I am at all tunes hereinafter mentioned, more than eighteen (18) years of age.
That on the date hereafter set out, I filed and served copies of the foregoing Petitioner for
Administrative Hearing on the following, by mailing copies by Certified Mail, Return Receipt
Requested, postage prepaid, addressed as follows:
Office of Administrative Hearings
6714 Mail 'Service Center
Raleigh, North Carolina 27699-6714
and
Mr. Dan McLawhorn, Registered Agent
Dept. Of Environment and Natural Resources
Office of General Counsel
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
I hereby certify under penalty of per ury that the foregoing is true and correct.
Dated: July Z 72000
Richard L. Burrows
king.pet
C
DIVISION OF WATER QUALITY
WILMINGTON REGIONAL OFFICE
MEMORANDUM
DATE: March 9, 2000
TO: Coleen Sullins, Chief
Water Quality Section
FROM: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Craig King dba King Farms, Inc.
Watha K-6 Farm- Facility No. 71-56
Permit No_ AWG710056
Pender County
Attached please find the subject enforcement report prepared by Mr. Mike Williams of the
Wilmington Regional Office. The report concludes that Craig King dba King Farms, Inc.:
1. Made an outlet to waters of the State without permit authority in violation of G.S. 143-
215.1(a)(1), by discharging animal wastes onto the ground, into drainage ditches, and
into an unnamed tributary to Washington Creek, class C waters, occurring on or before
February 15, 2000.
2. Violated G.S. 143-2I4.1 and G.S. 143-215.1(a)(6), by causing a fish kill in violation of
stream standards 15A NCAC 2B .0211(2), as a result of the discharge.
3. Violated the condition of the permit, by failing to notify the Regional Office within 24
hours of the discharge.
4. Violated the condition of the permit, by failing to notify the Regional Office, in writing
within five days of the discharge.
5. Violated a condition of the permit by failing to assess the extent of the discharge and
note any obvious damages.
Mr. King has been in the animal production business for over twenty years, and is aware of
necessary procedures and permit requirements in the event of a discharge. The attachments include
the Emergency Action Plan, a part of the Certified Animal Waste Management Plan, specifically
outlining steps to take in the event of a discharge, to include the spill assessment and appropriate
notification. A management plan certification checklist was signed by Mr. King on December 19,
1997, and therefore, Mr. King is, and has been aware of these requirements. Mr. King also has a
previous history to include at least four civil penalties for discharges assessed in 1990, 1992, 1993,
and 1996. Mr. King has paid civil penalties of over $11,850.00, and continues to operate his
Memorandum to CoIeen Sullins
Craig King Enforcement Report
March 9, 2000
Page Two
business in a manner such as to pollute the waters of the State. The Wilmington Regional Office
received notification of the discharge from a citizen residing approximately two miles downstream
over twenty five hours after Mr. Buddy King, the farm manager stated that he was aware of the
discharge. The citizen indicated that she went down to Washington Creek to obtain water in a
bucket after the water line at her home had been cut earlier in the day, by landscape workers. She
immediately noticed that the creek was milky maroon in color and had a urine odor. She contacted
the local Health Department and the DWQ Regional Office at 9:15 on the morning of February 16,
2000. Notification was not received by this Office from any individual affiliated with the farm,
verbally or in writing, within the required length of time. Mr. Buddy King also stated to the staff
that he didn't realize the extent of the discharge because he did not assess the extent of the
discharge as required in the Emergency Action Plan.
A written response to the Notice of Violation was received from Mr. Craig King, March 6,
2000. A copy of that response is attached to this report. In his response, Mr. King indicates that a
flush tank overflowed onto the ground as a result of faulty switches and float valve, and was the
cause of the estimated 68,928 gallons discharged. Staff of this Office investigated the tank, the float
switch, the overflow pipe, and calculated the rate at which the tank fills. By all of the information
gathered, staff calculated a discharge of this magnitude would not likely be the cause of the
discharge as a result of a flush tank overflow at 6.7 gpm. The following facts are presented:
• Lagoon measurements are made every Monday by King Farms staff, and are recorded.
On February14, 2000 the record indicates that lagoon freeboard measured twenty three
inches.
• Buddy King said that he observed the overflow of the flush tank on Tuesday, February
15, 2000.
• The staff verified at the time of the investigation, that the 600 gallon flush tank filled in
90 minutes, which calculates to a fill rate of 6.7 gallons per minute.
• Mr. Craig King stated in a letter dated March 1, 2000, that 68,928 gallons
(approximately two inches of liquid in the lagoon) of waste spilled from the tank
because of switches and float valves.
• According to Mr. Buddy King, the float switch was lodged in the on position while
overflow pipe preventing spills by rerouting wastes back to the lagoon happened to be
clogged, forcing wastes over the sides of the concrete walls.
• Calculations indicate that if 68,928 gallons of waste were lost due to an overflowing
flush tank, as Craig King alleges, it would take 10,288 minutes (7.14 days) of
continuous flush tank overflow to occur without someone observing the discharge.
Memorandum to Coleen Sullins
Craig King Enforcement Report
March 9, 2000
Page Three
• The lagoon freeboard readings were taken only one day prior to Mr. Buddy King
observing the spill. The lagoon staff gauge is located in proximity to the flush tank in
question, and would likely have been noticed by the individual obtaining the staff gauge
reading if the discharge had been occurring for the previous seven days.
• The concrete sides, and beneath the flush tank was clean, with no indication of the pink
waste stains on the tank or concrete foundation (Refer to photo #1).
• Investigators observed the float switch and interior walls of the tank in question. There
was no indication of salt build up or salt build up removal inside the tank or overflow
pipe. Buddy King stated that the float was hung up on salt deposits within the tank,
while Craig King stated that the floats and switches were replaced.
• Buddy King stated that he took a metal rod and cleaned (rodded) out the overflow pipe.
The inside of the pipe did not appear to have been rodded out as there were no scuff or
scrape marks on the inside wall of the pipe which would be present if the overflow had
been rodded out.
It is recommended that appropriate civil penalties be assessed against Craig King, dba King
Farms, Inc., for the five violations, in accordance with G.S. 143-215.6A(a). It is also recommended
that all of the enforcement costs incurred in the investigation be recovered in the amount of
$2,465.95.
If you have any questions concerning this report, please contact Mr. Mike Williams or me.
CKINGENF.FE0
cc: Wilmington Regional Office
STATE OF NORTH CAROLINA
COUNTY OF PENDER
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
IN THE MATTER OF
CRAIG KING dba CRAIG KING FARMS
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTES 143-215.1, 143-214.1, and
143-215.6A
File No.DV 00-012
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting -pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources,1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I_ FINDINGS OF FACT:
A. Craig King, doing business as King Farms, Inc., owns and operates a swine
farm known as the Watha Farm K-6, which exists under the laws of the State of
North Carolina.
B. Craig King was issued Animal Waste Permit AWS7ID056 on August 21, 1998,
effective August 21, 1998, with an expiration date of April 30, 2003, for a
swine waste collection, treatment, storage and application system which is
located in Pender County, North Carolina. -
C. According to Mr. Craig King Jr. (Known as Buddy King), two to two and one
half inches of animal waste from the lagoon was discharged. The discharge was
observed on the ground, in farm ditches and in an unnamed tributary to
Washington Creek, Class C waters in the Cape Fear River Basin.
D. Mr. Buddy King, son of the owner, and the K-6 Farm Manager stated that he
was made aware of the discharge at approximately 7:30-8:00 am on Tuesday,
February 15, 2000, by Mr. Billy Woods, an employee of King Farms, who also
stated that he contacted Mr. Buddy King at that time.
E. At approximately 9:15 am, on Wednesday February 16, 2000, a citizen residing
approximately two stream miles downstream along Washington Creek notified
DWQ Wilmington Regional Office, that the stream was milky maroon in
appearance and smelled of urine on the afternoon of February 15, 2000.
F. Neither Craig King nor Buddy King notified DWQ of the discharge at any
time. The discharge was discovered by DWQ over 24 hours after Buddy King
became aware of the discharge.
G. On February 16, 2000 DWQ staff observed stains along the banks in the
downstream location which appeared similar to animal wastes from a swine
operation. Staff traced the discoloration upstream to the Craig King K-6 swine
farm.
H. On February 16 and February 17, 2000, staff observed the appearance of
animal wastes in the stream, photographed, and collected samples of the
stream, ditches and ponded areas of waste at the farm.
1. Fecal coliform samples collected February 16, 2000 suggest that animal wastes
were present in Washington Creek, and tributary as follows:
No. LOCATION RESULTS
#1K6 Farm ditch near K-6 lagoon 57,000/100 ml
#2K6 Area ponded on ground adjacent to K-6 lagoon 1,200,000/100 ml
#3K6 ditch approximately 300 feet d/s of K-6 lagoon 250,000/100 ml
44K6 ditch approximately 500 feet d/s of K-6 lagoon 270,000/100 ml
#5K6 ponded area in UTWashington Ck.app. 3/ mile d/s K-6 114,000/100 ml
WC4 ponded segment of UT Washington Ck. % mile d/s K-6 460,000/100 ml
WC5 flowing stream segment UTWash Ck. 3/4 mile d/s k-6 lagoon 940/100 ml
WC1 Washington Creek d/s 2 miles @ NC highway 117 550/100 ml
WC2 U.T.Washington Creek u/s at SR 1314 69/100 ml
WC3 u/s Washington Creek 58/104m1
WC6 UT to Washington Ck. u/s along SR 1315 54/100m1
J. On February 17, 2000, staff followed the path of the discharge and
photographed the waste from the K-6 farm to the unnamed tributary to
Washington Creek.
K. On February 17, 2000 two dead fish were observed and photographed
approximately one half mile downstream of the farm in the tributary to
Washington Creek. No live aquatic life was observed within the stream
segment.
L. Craig King failed to implement the procedures outlined in the Emergency
Action Plan as a part of the certification, signed and agreed to by Mr. Craig
King on December 19, 1997, as follows:
1. Failure to assess the extent of the discharge and note any obvious damage_
2. Contact appropriate personnel and agencies (DWQ regional office and
DWQ after hours emergency phone number listed in plan)
M. Craig King violated Part II1.6 of General Permit AWG100000 by failing to
notify DWQ within 24 hours of discharge and by failing to notify DWQ in
writing within 5 calendar days following first knowledge of the occurrence.
Based upon the above Findings of Fact, I make the following:
Il. CONCLUSIONS OF LAW:
A. Craig King a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The Unnamed tributary to Washington Creek and Washington Creek constitute
waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant G.S.
143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the state
for .purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S.
143-215.1.
D. The above -cited discharge caused a fish kill to occur in violation of G.S. 143-
214.1 and G.S. 143-215.1(a)(6).
E. Craig King failed to notify the DWQ-Wilmington Regional Office within 24
hours of the discharge as required by Part III.6.g of General Permit
AWG100000 and the Certified Animal Waste Management Emergency Action
Plan.
F. Craig King Failed to notify the DWQ-Wilmington Regional Office in writing,
within 5 calendar days upon first knowledge of the occurrence as required by
Part 1I1.6 of General Permit AWG100000 and the Certified Animal Waste
Management Emergency Action Plan.
G. Craig King failed to assess the extent of the spill and note any obvious damages
as required by the Certified Animal Waste Management Emergency Action
Plan.
H. Craig King may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), 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 violates any classification, standard, limitation, or management practice
established pursuant to G.S_ 143-214.1, or 143-215.1. _
Craig King may be assessed civil penalties in the 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 apply for or to secure a permit required by G.S.
143-215.1, or who violates or fails to act in accordance with terms, conditions,
or requirements of such permit.
I The State's enforcement costs in this matter may be assessed against Craig
King pursuant to G.S.143-215.3 (a)(9) and G.S. 14313-282.1(b)(8).
K. The Director, Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Craig King, dba King Farms, Inc., is hereby assessed a civil penalty of.
For making an outlet to waters of the State without a
permit as required by G.S. 143-215.1(a)(1).
$ For one violation of G.S. 143.214.1 and G.S. 143-
215.1(a)(6) for violation of stream standards by causing
a fish kill within the unnamed tributary to Washington
Creek.
$ For one violation of G.S. 143-215.6A(a)(2) for failure to
comply with General permit AWG100000 Part III.6.g
and CAWMP Emergency Action Plan by failing to
notify the Regional Office within 24 hours of the
discharge.
$ For one violation of G.S. 143-215.6A(a)(2) for failure to
comply with General permit AWG100000 Part IIL6. and
CAWMP Emergency Action Plan by failing to notify the
Regional Office in writing within 5 days of the
discharge.
For one violation of G.S. 143-215.6A(a)(2) for failure to
comply with General permit AWG100000 and CAWMP
Emergency Action Plan by failing to assess the extent of
the spill and note any obvious damages.
TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 2465.95 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-2 82. 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 water quantity or quality or on air quality;
(4)
(5)
(6)
(7)
(8)
(Date)
CKINGENF
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
regulatory authority;
The cost to the State of the enforcement procedures_
Kerr T. Stevens, Director
Division of Water Quality
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (DV 00-012)
Violator: Craig King, dba King Farms, Inc. Registered Agent: N/A
Address: 126 Garlland King Rd., Teachey, North Carolina 28464
Regional Office: Wilmington
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: Swine waste entered the unnamed
tributary to Washington Creek and Washington Creek from the Watha K-6 swine farm.
Discoloration and the odor in the creek prompted a citizen residing approximately two
miles downstream of the farm to notify DWQ of the discharge.
2. The duration and gravity of the violation: The discharge occurred on or before February
15, 2000. Two dead fish were observed and photographed in the unnamed tributary to
Washington Creek on February 17, 2000.
3. The effect on ground or surface water quantity or quality or on air quality: Elevated
fecal coliform counts were detected downstream of the Watha K-6 farm February 16,
2000. The stream bed was observed by the staff to be discolored with the appearance of
swine wastes on February 17, 2000, in addition to locating two dead fish within the stream
segment investigated.
4. The cost of rectifying the damage: The damage cannot be rectified.
5. The amount of money saved by noncompliance: Unknown
6. Whether the violation was committed willfully or intentionally: Unknown
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority: Craig King
has been assessed and paid civil penalties on four occasions prior to this violation,, since
January 1990, for a total of $11,851.24. (Case no's. WQ90-28,CD 92-001, CD 93-012,
DD 96-011).
8. The cost to the State of the enforcement procedures:
Mike Williams 41 hours @ $28.56/hr = $117096
Russ Colby 23.5 hours @ $20.06/hr = $ 471.41
Dean Hunkele 6.5 hours @ $19.28/hr = $ 125.32
Mileage 3 trips @ 70 mi/trip= 210 mi. x $0.23/mi. = $ 48.30
Photographs 4 rolls @ $7.49 ea. = $ 29.96
Laboratory fees-11 e.coli @ $20, 5 nutrients @ $60 = $ 520.00
Administrative costs = $ 100.00
TOTAL =$ 2465.95
9. Type of violator and general nature of business (i.e. Individual vs. large corporation):
Individual independent swine producer.
10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance:
The violator failed to assess the degree of the discharge, and failed to notify the DWQ
Regional Office of the discharge both within twenty four hours verbally, and in writing
o within five days as required.
11. Mitigating Circumstances: None
12. Owner of property where the discharge occurred: The discharge occurred on the property
owned by Craig King. Swine wastes flowed into the unnamed tributary to Washington
Creek and Washington Creek, classified surface waters of the State.
13. Pictures of discharge: Yes
14. Assessment Factors:
a) IWC: NIA
b) Receiving Stream: Washington Creek
c) SOC/JOC status/negotiations: NIA
d) Copy of MP Screen: N/A
e) Copy of Limits Page in Permit: NIA
f) Damage: y/n If yes include report from WRC
CHRONOLOGY OF VIOLATIONS
CRAIG KING SWINE FARMS
DUPLIN & PENDER COUNTIES,
6/21/96
MARCH 30, 1982 NOV DISCHARGE OF HOG WASTES INTO CREEK
3/24/82-PINHOOK FARM, DUPLIN COUNTY.
JUNE 14, 1984 VIO. DISCHARGE FROM PVC PIPE AND BREACHED
LAGOON WALL. PINHOOK FARM, DUPLIN
COUNTY.
JULY 11, 1984 NOV DISCHARGE OF HOG WASTES INTO CREEK
6/14/84 AND 7/5/84-PINHOOK
JULY 17, 1984 DESIGNATION
SEPTEMBER 27, 1984 VIO.
SEPTEMBER 28, 1984 NOV
DISCHARGE OF HOG WASTES INTO CREEK
PINHOOK FARM, DUPLIN CO.
DISCHARGE OF HOG WASTES INTO CREEK
PINHOOK FARM, DUPLIN COUNTY.
DISCHARGE OF HOG WASTES INTO CREEK
OCCURRING 9/27/84.
OCTOBER 26, 1987 VIO. DISCHARGE OF HOG WASTES: FROM 12°
CONCRETE PIPE TO DITCH AND DEAD PIT
RUNOFF INTO DITCH -WELLS HAM AND EGG
FARM, PENDER COUNTY.
NOVEMBER 4, 1987 FIELD NOV DISCHARGE'OF HOG WASTES TO DITCH AND
DRY BRANCH RUN -WELLS HAM AND EGG
FARM, PENDER COUNTY.
DECEMBER 30, 1987 DESIGNATED DESIGNATED WELLS HAM AND, EGG FARM FOR
DISCHARGE OCCURRING 10/26/87.
APRIL 6, 1989 NOV DISCHARGING SALIVA & FEED INTO CREEK
VIA PIPE AND SURFACE RUNOFF FROM
SPRAY FIELD INTO CREEK 3/28/89- WELLS
HAM & EGG, PENDER CO.
JANUARY 24, 1990 2ND NOV DISCHARGE OF HOG WASTES FROM RUPTURED
PIPE AND SURFACE RUNOFF. WELLS HAM -
AND EGG, PENDER COMM.
AUGUST 6, 1990 ASSESSMENT ASSESSED $2,698.12-PAID ENTIRE
ASSESSMENT FOR 1/24/90 VIOLATION
OCCURRING AT WELLS HAM AND EGG FARM,
PENDER COUNTY. CASE #WQ 90-28
AUGUST 4, 1992 FIELD-NOV LAGOON OVERFLOW AND 6" PIPE TO CREEK
PINHOOK FARM, DUPLIN COUNTY.
AUGUST 7, 1992 NOV DISCHARGE OF HOG WASTES FROM 6" PIPE
TO CREEK 8/4/92. PINHOOK FARM, DUPLIN
COUNTY.
AUGUST 27,1992 ENF.CONFER. HELD ENFORCEMENT CONFERENCE AT WIRO
WITH MR. KING CONCERNING 8/4/92
VIOLATION.
NOVEMBER 10, 1992 ASSESSMENT ASSESSED $4,711.28-PAID $3,167.01,
FOR VIOLATIONS OCCURRING 8/4/92 AT
PINHOOK FARM, DUPLIN COUNTY. CASE #CD
92-01.
APRIL 6,.1993 NOV 2 FOOT BREAK IN DIKE WALL 4/5/93,
DISCHARGING HOG WASTES INTO CREEK.
PINHOOK FARM, DUPLIN COUNTY.
NOVEMBER, 1993 ASSESSMENT ASSESSED $4,441.84-PAID $2,986.11,
FOR 4/5/93 DISCHARGE OF HOG WASTES TO
CREEK. PINHOOK FARM, DUPLIN COUNTY.
CASE #CD 93-12.
JULY 13, 1995 INSPECTION INSPECTED BY NRCS, SITE NEEDS
I10MIATE ATTENTION -SHUT DOWN.
PINHOOK FARM, DUPLIN COUNTY.
JULY 18, 1995 INSPECTION INSPECTED BY NRCS-9 INCHES OF
FREEBOARD. TREES ON WALL OF LAGOON.
SITE NEEDS IMMEDIATE ATTENTION. -WELLS
HLAME AND EGG FARM, PENDER CO.
DULY 19, 1995 INSPECTION INSPECTED BY NRCS, FREEBOARD WITHIN
1 FOOT OF OVERTOPPING. NEEDS
IMMEDIATE ATTENTION. iiWY 53 FARM,
PENDER COUNTY.
DULY 20, 1995 INSPECTION DEM INSPECTION -NEEDS MATE
ATTENTION -FARM CLOSED NEEDS CLOSURE
PLAN 1 FOOT FREEBOARD. PINNOOK FARM,
DUPLIN COUNTY.
AUGUST 7, 1995 INSPECTION DEM INSPECTION-20' TREES GROWING ON
DIKE WALL, LAGOON LEVEL WITHIN 1 FOOT
OF TOP. NEEDS IMMEDIATE ATTENTION.
WELLS HAM AND EGG FARM, PENDER CO.
AUGUST 11, 1995 WARNING LTR. PINE TREES ON DIKE WALL AND LESS THAN
1 FOOT FREEBOARD IN LAGOON. WELLS HAM
AND EGG FARM, PENDER COUNTY.
DECEMBER 28, 1995 INSPECTION DEMINSPECTION -LAGOON WITHIN INCHES
OF OVERTOPPING, EVIDENCE OF PAST
OVERFLOW. WELLS HAM AND EGG, PENDER.
FEBRUARY 12, 1996 NOV DISCHARGE FROM PVC PIPE TO SWAMP ON
2/2/96. HWY 53 FARM, PENDER COUNTY.
FEBRUARY 16, 1996 ENF.REPORT FOR DISCHARGING HOG WASTES TO SWAMP
ON 2 /2 /9 6 . HWY 53 FARM PENDER COUNTY.
CASE PENDING DIRECTOR'S ASSESSMENT.
APRIL 4, 1996 WARNING LTR. POTENTIAL OVERTOPPING OF LAGOON.
LEVEL WITHIN 2-3 INCHES OF TOP. HWY
53 FARM, PENDER COUNTY.
APRIL 4, 1996 INSPECTION EVIDENCE OF RECENT LAGOON OVERFLOW.
SEEP IN NORTH LAGOON WALL DETECTED.
LEVEL OF LAGOON AT CRITICAL LEVEL.
HWY 53 FARM, PENDER CO.
APRIL _8, 1996 INTENT TO REVOKE DEEMED PERMITTED STATUS LETTER
ISSUED BY DIRECTOR. HWY 53 FARM,
PENDER COUNTY.
APRIL 8, 1996 INSPECTION DEM. INSPECTION LAGOON WITHIN 6 INCHES
OF OVERTOPPING,, NEEDS CLOSURE PLAN,
NO HOGS ON SITE, LAGOON SEEPAGE
OBSERVED. WELLS HAM AND EGG, PENDER.
APRIL 8, 1996 INSPECTION DEM INSPECTION- 1 FOOT FREEBOARD -
FACILITY SHUT DOWN NEEDS CLOSURE
PLAN. TREES ON DIKES. PINHOOK FARM,
DUPLIN CO.
APRIL 9, 1996 WARNING LTR. LAGOON SEEP, FULL LAGOON, SPRAYING IN
SATURATED PINE FOREST, AND REQUEST
FOR LAGOON CLOSURE AT THE HWY 53
FARM, PENDER COUNTY.
APRIL 10, 1996 WARNING LTR. LAGOON LEVELS AT THE WELLS HAM AND
EGG FARM AND THE P 11MOOK FARM ARE
WITHIN 1 FOOT OF OVERTOPPING.
REQUESTEf) LAGOON CLOSURE PLANS FOR
BOTH.
MAY 29, 1996 RECTO REVOKE RECOMMENDATION BY WIRO TO REVOKE
DEEMED PERMITTED STATUS -WELLS HAM AND
EGG FARM, PENDER COUNTY.
MAY 31, 1996 RECTO REVOKE MEMO FROM WIRO TO CENTRAL OFFICE
RECOMMENDATION TO DENY REQUEST FOR
RESCISSION OF REVOCATION OF DEEMED
PERMITTED STATUS, JUSTIFIED BY 8
SEPARATE ITEMS IN THE MEMO. HWY 53
FARM, FENDER COUNTY.
JUNE 14, 1996 REQUEST CONTACTED CENTRAL OFFICE -RECOMMENDED
PREPARATION OF SECOND LETTER OF
NOTIFICATION THAT THE FARM IS NO
LONGER DEEMED PERMITTED. HWY 53 FARM,
PENDER COUNTY.
N.C. DIVISION OF. WATER QUALITY
Water Quality Section
ComplaintlEmergency Report Form
WILMINGTON REGIONAL OFFICE
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EPA Region IV (414)347-4062 Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726.702f Wafer Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-390D 0 Fax 910-350-2004
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Mar"-02-00 09:16A Ertvirorahem 910 392 4424 P.04
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CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
I27 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Dean Hunkele
Date Sampled: 02/16/00
Sampled By: Dean Hunkele
STREAM:
Environmental Chemists, Inc.
6h02 Windmill Way • Wilmington, North Carolina 1-9405
(914) 392-0223 (Lab) • (910) 392-442s (Fax)
EchemW @aol,cnm
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: February 29, 2000
Purchase Order #:
Report Number: 0-0509
Report To: Dean Hunkele
PARAMETER
Sample ID
# 1 K-6
# 2 K-6
# 3 K 6
# 4 K-6
# 5 K-6
Lab 1D
# 1269
# 1270
# 1271
# 1272
# 1273
Fecal Coliform, colonies/100ml
I S7,000
1,200,000 1
250,000
270,000
114,000
Nitrate + Nitrite Nitrogen, NO3 + NOz - N mg/L
I 1-35
1.33
0.35
0.27
0.38
Ammonia Nitrogen, NH_,-N, mg/L
19.7
203
51-5
60.6
34.3
Total Kejeldahl Nitrogen, TKN mg/L.
30.3
233.8
6 i "0
83-2
51.1
Total Phosphorus, P mg/L.
2.76
9.90
4.04
4.77
2.50
7
Reviewed b C" i and approved for release to the client.
ENVIRONMENTAL CHEMISTS, INC
o ;
a Sample Collection and Chain of Custody
Client: c— r W &
Collecled B %A
Samnle Tine: I = Influent. E = Effluent. W =Well ST =Str rn. S() =Snil. SIr Sludge Other!
6602 Windmill Way
Wilmington, NC 28405
Phone: (910) 392-0223
Fax: (910) 392-4424
Sample Identification
Collection
a,r
In
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ae
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PRESERVATION
ANALYSIS REQUESTED
a
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DATE
TIME
TEMP
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NOTICE — DECHLORINATION ; Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 m or less in the field at the time of collection. See reverse ssiid�e- for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
2.
Temperature when Received: ! a 'G Accepted: L-0- Rej� )ed A A esample Requested: 9 Delivered By:_(� Received By: Date: L-CCi'ime:'qS
Comments: 1
pppp�-- - -_-1 '"ql
envirochem,
CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardinal Drive Ext.
Wilmington, NC 28405
Attn: Russ Colby
Date Sampled:
Sampled By:
STRIF:AM:
02/16/00
Russ Colby
Environmental Chemists, Inc.
6602 Windmill Way • Wilmington, North Carolina 28405
(910) 392-0223 (lab) - (910) 392-4424 (Fax)
F-chemW@aol.com
NCDENR: DWQ CERTIFICATE #94, DI..S CERTIFICATE #37729
REPORT OF ANALYSIS
Date of Report: February 17, 2000
Purchase Order #:
Report Number: 0-0510
Report To: Russ Colby
Sample ID
WC 1
WC 2
WC 3
WC 4
WC 5_
WC 6
Lab ID #
# 1274
# 1275
# 1276
# 1277
# 1278
# 1279
Fecal Coliform, colonies / 100 mL
550
69
58
460,000
940
54
Reviewed by` V—a-,jc la. - i _ �C C and approved for release to the client.
envirochem
ENVIRONMENTAL CHEMISTS, INC
Sample Collection and Chain of Custody
Client: U L✓ (--),
Collected By: Co 16.4
CmmnIP "1'vnP• 1 = 1nflaant F. = F.ffluant_ W =Wall CT—.L'fraam_ Cfl .—Cnil CT= 4lndaa flthare
6602 Windmill Way
Wilmington, NC 28405
Phone: (910) 392-0223
Fax: (910) 392-4424
Sample Identification
Collection
� �
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a
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PRESERVATION
ANALYSIS REQUESTED
z
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DATE
TIME
TEMP
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NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated
0.2 ppm or less in the field at the time of collection. See reverse side for instructions.
Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
1.
2.
,Temperature ►vh ReceiveA: k Accepted: �� Rej ed: Resample Requested:
Delivered By Received Received By; Date: •- G� Time:� 3
• Comments: 1
11
IMPORTANT NOTICE
North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection
and preservation.
Client Must Provide the Followine Information
1. SAMPLE IDENTIFICATION (Container Associated with requested testing)
2. SAMPLE TYPE (Composite, Grab, Water, Sod, etc_)
I DATE COLLECTED
4. TIME COLLECTED
5. SAMPLE COLLECTOR
6. PRESERVATION (Including Temperature and pH )
Temperature _Samples MUST be refrigerated or received on ice between
2 and 6° C. Samples received within two (2) hours of collection must show a downward trend.
Therefore, please record temperature at collection,in-space provided on collection sheet.
pH : _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for
metals samples reported to the Groundwater Section which must be acidified at the time of collection.
DECHLORINATION INSTRUCTIONS
CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a
violent reaction will occur.
Dechlorinatine Samples that Require Acid Preservation
I. Add 4-5 granules of thiosulfate to a bottle with no acid preservative
(unpreserved BOD/TSS bottle).
2. After mixing to disslove the thiosulrate, pour half of the sample into a bottle containing acid as a
preservative ( AmmonialTKNI
I Then completely fill both bottles with fresh sample.
The Laboratory will verify and document the above requested information.
ref, NCAC 21L0805 (a) (7)
" At anytime a laboratory.receives samples which do not meet sample collection, holding time, or preservation
requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If
another sample cannot be secured, the original sample may be analyzed, but the results reported must be
qualifi ed with the nature of the infiaction(s). And the laboratory must notify the State Laboratory about the
infracteon(s). The notification must include a statement indicating corrective actions taken to prevent the
problem for future samples.
ref. NCAC 2H.0805 a "
-_C^. •f�_` ;� ,`l^'`L-4 ri -'ihf 5— ��ri�`�r_ ��`?' � 1�
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F J r i �r • r�i. � 1 et K�•-Y• �:Lr r1�`+ T• - _ _.t• Y "!�"'� �.�'- �'i
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11. The Groundwater Compliance Boundary for the disposal system constructed after
December 31, 1983, is established at either (1) 250 feet from the waste structures and
from the waste disposal area, or (2) 50 feet within the property boundary, whichever is
closest to the waste structures and the waste disposal area. If this facility was constructed
prior to December 31, 1983, the Compliance Boundary is established at either (1) 500
feet from the waste disposal area, or (2) at the property boundary, whichever is closest to
the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond
the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the
Division in addition to the penalty provisions applicable under the North Carolina
General Statutes.
This General Permit issued the eighteenth day of May, 1998_
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P. ector
Division of Water Quality
By Authority of the Environmental Management Comrnission
Swine Waste General Permit Number AWG100000
7
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
February 25, 2000
CERTIFIED MAIL Z 418 221 432
RETURN RECEIPT REQUESTED
Mr. Craig King
King Farms, Inc.
126 Garland King Rd.
Teachey, North Carolina 28464
Iva
imml'� ML
NCDENR
NORTH CARouKA DEPARTMENT OP
ENVIRONMENT AND NAruRAL RESOURCES
Subject: NOTICE OF VIOLATION & RECOMMENDATION FOR ENFORCEMENT
King Farms, Inc. —
Swine Facility No.
Pender County
Dear Mr. King:
Watha Farm K6
71-56, Permit No. AWG710056
This letter is to advise you that you are in violation of North Carolina General Statutes
143-215.1, 143-214.1, and Water Quality Surface Water Standards defined within 15A NCAC
2B.0211 for making an outlet to surface waters of the State, for causing a fish kill, and for
noncompliance with permit conditions.
This Notice of Violation follows a thorough evaluation of information gathered following
a citizen complaint received by this Office on the morning of February 16, 2000. Staff of the
Wilmington Regional Office conducted an investigation and discovered that a discharge of swine
waste had occurred on or before February 15, 2000, from the Watha K-6 farm located off of SR
1313, North of Watha, N.C. Animal waste flowed into adjacent farm ditches, into an Unnamed
tributary to Washington Creek and into Washington Creek which is tributary to the Northeast Cape
Fear River and is classified as (C-swamp) waters of the State.
Upon inspection of the K-6 farm, numerous puddles of swine waste were observed on the
ground, in adjacent farm ditches and traced down to where wastes entered the stream. Mr. Buddy
King, -and Mr. Billy Woods stated that the discharge was observed on the morning of Tuesday,
February 15, 2000 between 7:30-8:00 am. Mr. Buddy King further stated that as much as 2-2.5
inches could have been discharged from the lagoon. No assessment of the discharge was made nor
was any notification made to this Office within 24 hours knowledge of the occurrence. In addition,
no written notification was received by this Office within the required five days after the
occurrence. The referenced permit specifically states that an assessment must be made and this
Office must be notified verbally and in writing of any discharge.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900
An Equal Opportunity Affirmative Action Employer FAX 910-350-2004
50% recycled/10% post -consumer paper
Mr. Craig King
February 25, 2000
Page Two
A civil penalty of up to $25,000 may be assessed for each violation in accordance with
North Carolina General Statute 143-215.6A. In addition, reasonable investigation costs incurred
by the Division may also be assessed per NCGS 143-215.3(a)(9).
In addition, House Bill 1160, signed into law July 21, 1999 requires you to issue a news
release and a public notice concerning the discharge of animal wastes to surface waters of the
State. Your written response should confirm whether these notices have been issued. Please find
the attached information for your use for public notice and news releases.
It is requested that you submit a written response which provides comments for any
additional information you wish to present to the Wilmington Regional Office within ten (10) days
of receipt of this letter. Your comments will be included within the enforcement report and
submitted to the Director for his consideration.
If you have questions concerning this notice, please contact me, Mr. Mike Williams or
Mr. Russ Colby at (910) 395-3900.
Sincerely, .`
�2� �� y
Rick Shiver
Water Quality Regional Supervisor
CIUNGNOV.FEO
cc: Dennis Ramsey
Wilmington Files (enf)
Central Files
127 North Cardinal Dr., Wilmington, North Carolina 2S405 Telephone 910-395-3900
An Equal Opportunity Affirmative Action Employer FAX 910-350-2004
50% recycled/10% post -consumer paper
5Z�4'
126 GARLAND KING ROAD
TEACHEY, N.C. 28464
910-285-2692
March 1, 2000
Mr. Rick Shiver
-
127 N. Cardinal Drive -
Wilmington, NC 28405
Dear Mr. Shiver,
R-ECEIVE
MAR 0 6 2000
3Y:
This letter is written as an explanation, not as an excuse, as to
the reason we did not send a letter within 5 days of our violation.
All of our employees have been informed by me to notify me if
there are any spills and let me contact DWQ so I can furnish
facility numbers and any other information needed. I was away
on business when this incident occurred and by the time I was
made aware of the incident, DWQ was already on the farm. The
employees did not understand that they should have contacted DWQ
since I was unavailable.
We spent two days on the farm with DWQ and one day with SBI and
time slipped away on sending in the required notification within
five.days after the incident.
Attached is the letter concerning the spill at K6 on February 15, 2000.
sif erely,
c
/ing
fwc
54Z • *;6V4"
IMA
AadC =
126 GARLAND KING ROAD
TEACHEY, N.C. 28464
910-285-2692
March 1, 2000
Mr. Rick Shiver
N=E R
127 N. Cardinal Drive
Wilmington, NC 28405
Dear Mr. Shiver,
On February 15, 2000 there was a spill at our K6 sow farm in
Pender County. A flush tank malfunctioned and ran water onto the
ground. The spill was discovered between 7:30 - 8:00 am by
Billy Wood who immediately called my son Buddy King. Buddy
drove to the faring assessed the situation and corrected the problem.
He repaired the flush tank, stopping the Tlow of water and causing
it to operate properly. All of the switches and float valve have
been replaced and the flush tank is completely repaired.
I hired Floyd Adams, an engineer with the Adams many, to
determine the volume of wastewater spilled. His report is
attached to this letter.
Z also contacted North Carolina Park Council in Raleigh at which
time Ms. Beth Ann Mumford sent press releases to all three news-
papers in Pender County concerning the spill.
Apologetically, I failed to get the letter sent in to EWQ within
the five day period. King Farms has tried extremely hard to be
good stewards of our environment. I assure you we are doing
everything we can to remain in compliance with all rules and
regulations concerning spray fields. Our lagoon levels and flush
tanks are checked daily and when irrigating, someone is watching
constantly.
We apologize to DWQ and the people of Pender County for this mishap.
Sincerely,
0 /
I'DIA
raig ]gng
fwc
C ~__Ci1—_,1 t _c t i ==iI;1 TV, h1S v,Pii;1' snc.. TO - r �-
-_1 2 C�
m ""S COMPANYI�IG.
CONSTRUCTION AND DEVELOPMENT
132 Routledge Road, post Office Box 1098
Kenansvffie. North Carolina 28349
Phone JFam (910) 296-1170
(Enkineerrg provided by The AD_INIS COMPANY, Inc. through a parmership agreement with q. Firn•d Adams, P.E-)
March 1, 2000
Mr. Craig King
King Fa_nns
126 Garland Kini7 Rd.
Teachty, NC 29464
Sub_iect. Volume Calculations
K-6 Sow Farm
Deer Mr. Ding:
On February 2 3"'1 1 net with Buddy Bing on the Yang Farms K-6 Sow Farm in Pender Colima
on SR 1313- He mcluesied 1 take field measurements and provide calculations to determine the volume
of wastewater contained in the existing lagoon bmwe--n two known elevations. The elevations were
between the 23-inch and 25-inch marks on the level indicator. This level indicator is a gauge that
tneasur'es the remaining available storage,in the Iagoon. Therefore the level at the 23-inch mark is
nigher than tit-- level ai thm 25-inch mark.
Actual field measurememts were taken on the length and width of the lagoon. 1 also -shot
elevations on the top of the dike. and th,, lagoon level. The level on February 23'd matched the '_';-inch
hark on the level indicator. In addition, tb; sides slopes were determined to be between a 3:1 and
2.: A slope.
This infarrnation was compared to the original design plates and found to be consistent. I have
enclosed calculation sheets from a design spreadsheet that rapes into account the actual volumes of the
lagoon at the :3-inch indicator level and the 25-inch indicator level. It uses a 2.5:1 side slope. which if
anything will calculate a slightly larger volmne than the 3:1 side slope. As a result, I conclude that the
total volume is 9.215 --ubic feet or 68.928 Yallons.
Should you need an-., additional assistance please do not hesitate_to contact me at 910-296-3.170.
SinUereh.
�.14L% , CA 8O°•.
V SS
T:
M. Floyd Vdarns. P.E.
i
J
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?
Enclosures
;_rfi4O� u ;,-
0�-01-2)G00 11:19Nh1 FROM Thy �-IDZM5 CG;1='AI1', Iric.. TO
operator =_______ ________ ______ _________ Fing Farms
County:= ________ ________ _______= a=====_= pander
Site Evaluaeion approved (yes ar no)T=====_= Yes
soots (farrow to finish) : _
sows (farrow. to f eder):__
s
648
ha ad (finisiYing Orly)
_
sows (farrow to wean):____
head (wean O feeder.):===_
Ave. Live Weight for Other Gperations(_bs.).>
Treat. Vol.ifor other opera tions(cu ft/lb)==
0.00
Approx. 5 yr accum. sludge storage(cu. ft.)=
0 NO SL DG
Additional sludge stor. if desired(cu. ft,)=
0 ALT-D
25 Year - 241 Hour Rainfall {ia.) _______: __: =
0.0
Heavy RainU:za.)
Rainfall durzng storage period (in.) =«===== dMidspil-
Rvaporatio= iduring storage period {in. y =,=R=
7.0
Drainage area of buildings & lots (Sq. ft.)=>
Surface area! of connected waste facility(SF)>
Volume of e3ccess fresh mate= (gallons/day) _=
0.0
Temporary stiarage period (days)=========F==-
180
Additional t6mp. star. vol. needed(cu. ft.)=
37538.0
Additional treat_ volume needed (cu_ ft.)===
0
Freeboard {r"t.}.=____=�===n=====__-________=
1.00
if emer. spillway insert depth of flow(ft.)=>
Side slopes ;(inside lagoon).-==_--_----___-=
2.5 1
Inside top length
325_0
Inside top wsdth (ft.):==__-----_--_-------_
i98.0
Top of dike ieleva'ti.ou (ft.) ._______________=
52.30
Bottom of lagoon elevation (ft.);==-________ 41.50
Seasonal high water :.able (SSWT) elev. (ft.) := 45.20
Total required volume:==== _______= 364311 cu. ft.
Actual design volume!===== -------- 497683 cu. ft_
Total required sludge storage Vol.= 0 cu. ft.
Sludge storage based on trial elev= 0 cu. ft.
Top elev. of sludge by trial and error====== 41.30 0.00
NOTE: Increase the min. req. stop pumping el.
when nidcessary to maintain a rain. 4 ft. liquid treatment
Stop puzapingi el. (> or = to 45.10 ft.Siii,+T) 49.77 ft. ---
'
23in.Required treatment volxime: 226632 cu. ft.
Vol. a- stop: pumas el. above sludge: --- -aa634 cu. ft.
Start pumping 49.93 ft.
Volume at start pumping elevation! 403849 cu. ft.
Act. Vol. less 25yr. and heavy rain 497683 cu. ft.
NOTE- Verify,, that temp. storage is adequate:
Rea. volume to be purred:==== i57680 ci;_ ft.
Actual volume to be pumped:== i 9215 cu. ft.
/rjv, -�5 2 0
8.27
0?-01-2000 a 1: 21 3AM=R7'i The w`w113 %oE"LP-;t tY, ) r1c .. 7G
2a=1102 . C"4
AR-F:A OF TOP
LENGTH- * Bi ID -I ff = j
311.4 184.4 57397.4 (AREA AT TOP OF TREATMENT VOLUME) j
kRr-!A OF BOTTOM
%.Sh'GTH * W-ZDTR
270-0 143.0 38610.0 (AREA AT TOP OF SLUDGE VOLUME) i
AREA OF MIDSECTION
LENGTH * W--= c
290.7 163.7 47576.2 (A-MM AT MIDSECTION OF TREATMENT VOLUME) j
3
i CU. FT. = [AREA TOP + (4*AREA MID -SECTION) +
AREA BOTTOM!]
* pEpTFj/6
57397.4
190304.9
38610.0
1.4
39463`4
AR_�A OF TOP !
LENGTH
312.2 185.2
57794.6 (AREA AT TOP OF
TOTAL STORAGE
LESS 25 XR. STORM t HEA E�
1-REA OF BOTTIOM
s
Lx7'=13 + W=DTFi
=
'I
270.0 143.0
38610.0 (AREA F.T BOTTOM
OF LAGOON)
jl
AREA OF KIDSECI
r
LII�C,TH * YdIDTF.
_
�
291.1 164.1
477.58.1 (AREA kT MIDSECTION)
CU. FT. _ [AREA TOP + (4*ARNA bUDSECTION) +
AREA BOTTOM]
* DXPT3/6
57754.6
191032.5
38610.0
1-4
i
-m-- P-REA OF TOP
_.._... ..._.
I a:, �cLu.n: Nc. '_" •.._
US Cri i ! L A606 W
I LENGTH
_.` _
270.0 143.0
38610-0 (AREA AT TOP OF
SLUDGE VOLUME)
RMI-i OF BOTTOM
LENGTH * Sr-=S7 _
270-O 143.0 38610.0 (ARMA AT BOTTOM OF LAGOON)
AREA OF MIDSECTION
LENGT:z ; =DTi: _ -
270.0 143.0 38610.0 (AREA AT M=DSBCT=ON OF SLUDGE VOLUME)
! CU. FT. ¢ [Aim. TOP + (4}AREA HIDSECTION) + AREA BOTTOM)
1 38610.0 Z55440.0 38610.0
1 0
DEPTB/6
0.0
071-01-" 000 11: 20AM FROM The PR E, COME=1NY } Inc. . TO 8=1102 C,4
Ap-MA OF TOP `+O ' u rxc 0 C L �„y Nlf,cZK i
LENGTa * WIDTH =
311.4 164.4 57397.4 (AREA AT TOP OF TREATMENT VOLU1,M) ;
AREA OF BO'l Tom
LENGTH * WIDTH c
270.0 143.0 38610.0 (AREA AT TOP OF SLUDGE VOLM E) t
AREA OF MT-DSECTION
LENGTH * WIDTH =
�
290.7 163.7 47576.2
(A-REA AT MIDSECTION OF TRSATMZXT VOLUME),
!
CU. Fr. = [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM]
* DEFTH/6
57397.4
190304.9 38610.0
1.4
394634
APXA OF TOP
i
LENGTH * iZl-nT:i =
,_
312.2 185.2 557794_6
(AREA AT TOP OF' TOTAL STORAG9
LESS 25 -R. STORM + HEA
_'cREA OF BOTTOM
a
LrM+7CTH * Y;=DTH =
'�
270.0 143.0 38610.0
(AREA F%T BOTTOM OF LAGOON)
is
AREA OF MIDSHCTION
LENGTH * WIDTH =
`' 3
291.1 164.1 47758.1
(AREA AT MIDSECTION)
CII. FT. [AREA TOP + WAREA MIDSECTION) f AREA BOTTOM]
* DEPTH/6
57794.6
191032.5 36610.0
1.4
403849
?s.F.A OF TOP
LENGTH * yrrDT'a =
.
270.0 ?43.0 38610.0
(AREA AT TOP OF SLUDGE VOLUbM)
nRE.A OF BOTTOM
LEN CTE i=T= -
270.0 143 .O 38610.0
(7--RfiA AT 8OT'TOM OF LAGOON)
;
AREA OF MIDSVECTION
LENGTH - � � ..iH �
-
-
270.0 143.0 38610.0
(AREA A'T M=SlSECT_ON OF SLUDGE
irOL=)
C17. FT. ¢ [ARW. TOP + (4*AREA MT_DSECTION) + AREA BOTTOM]
* DEPTH/6
38610.0
154440.0 38610.0
0.0
0
Q Division of Soil and Water Conson CompLance Inspection ervatiT ` t��
-. ✓ yirr.g .. x '� - - H. - .yt '1n -s�-r•p,�-✓ +�.. S.—,."s y �"t :., ,Si?+. E
ivision_ of Water Qualrty Compf►_ance Inspechoid ; t� 3y-emu
°.�i 13-other Agency =Operation Review 'z E'�t s•u , �{ea
10 Routine Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other
Facility Number Date of Inspection
Time of Inspection , t1 24 hr. (hh:mm)
ermined [3CertifiedQ Conditionally Certified Q Registered Q Not O erational Date Last Operated:
Farm Name Llv....}�C County: ...............4.....
Owner Name: �...__._.......... Phone No: ........... _ ........_. _. _
Facility Contact: ..... _................. . Title. Phone No:
Mailing Address: ,..._._...... ..........................
.......
.....
............
.. _........ ... _ ......... .....
Onsite Representative:
Certified Operator: ..................._......_......._....._...__..._...._....................................._._........... Operator Certification --
Location of Farm:
.V-
Latitude Longitude
Design Current Design Current Design Current
Swine 'Capacity Population Poultry Capacity Population Cattle - Capacity 'Population
ElWean to Feeder ❑ Layer F
airy
❑ Feeder to Finish ❑ Non -Layer on -Dairy
Farrow to Wean a
❑ Farrow to Feed❑Other
er
❑ Farrow to Finish Total Design Capacity
❑ Gilts
❑ Boars - Total SSLW
Number of Lagoons �- ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps 10 No Liquid Waste Management System
Dischar,es & Stream Impacts
1. Is any discharge observed from any part of the operation? El Yes ❑ No
Discharge oriQinatcd at: [ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? El Yes El No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) El Yes ❑ No
c. if discharge is obsem-ed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (Ifycs, notify DWQ) ❑ Yes [:]No
2. Is there evidence of past discharge from any part of the operation? Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No
'VA'aste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: r\Qi1j
Freeboard(inches): S G............................W.._............................... __... ....................................
.__. _..---..__...._.._,. • - _ .._ ._._.� -
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No
seepage, etc.)
3/23/99 Continued on back
Facility Number- — Uate of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑ Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenatice/improvement? [:]Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
Waste Application
10.
Are there any buffers that need maintenancelimprovement?
❑ Yes
❑ No
11.
Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
❑ Yes
❑ No
12.
Crop type _ 4
13.
Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14.
a) Does the facility lack adequate acreage for Iand application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This Facility is pended for a wettable acre determination?
❑ Yes
❑ No
15.
Does the receiving crop need improvement?
El Yes
❑ No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
'❑ No
Required Records & Documents
17,
Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
Oe/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
XYes
❑ No
23,
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
P(No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
❑ No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
0' �'�io yiolafip .. . iieficie>r�cies were noted• furring #his'visit: • YoU :wiii •reeeiye fio rutther
corresgoridei�ce abir �f this :visit: - : .. .. .
Comments (refer to'quesbon #} Explatn any YFS_answers'and/or any recommen tions or any other comments
Use drawings of faciltty to better explatn sit abons (use adi$iional pages as necessary}
R�Ss CCI� Y�f G�� � cc CI`V `�`��•-�� t'1 S•�c��---'-- - - - �+� `
1
j
r_4
46
v ja r
et C 16� l �` t.�i t � avP". +., t� L , I-. -C ��e Q.,
Reviewer/Inspector Name1A
Reviewer/Inspector Signature. Date-
3/23/99
1~acility Number:r) — Date of Inspection GG
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or Iagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
Additional Comments an or.• rawings_ .,_'; ..
J C'J
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
��V =, ve,—�L w.eS II" r�- L
GL-
r
tko L L
11 -5 sties k%-.
3/23/99
State of North Carolina AW
Department of Environment
and Natural Resources='-�� •
Division of Water Quality AUG 2 71998
James B. Hunt, Jr., Govemor FY._ now
Wayne McDevitt, Secretary --
A. Preston Howard, Jr., P.E., Director NCDENR
NORTH CARouNA DEPARTmr;.w OF
EN%nRONMCW Am> NmuRAL RESOURCES
August 21, 1999
Craig King
Watha Farm K-6
126 Garland King Rd.
Teachey NC 28464
Subject: Certificate of Coverage No. AWS710056
Watha Farm K-6
Swine Waste Collection, Treatment,
Storage and Application System
Pender County
Dear Craig King:
In accordance with your application received on May 20, 1998, we are forwarding this
Certificate of Coverage (COC) issued to Craig King, authorizing the operation of the subject animal
waste collection, treatment, storage and land application system in accordance with General Permit
AWG100000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the Watha Farm K-6, located in Pender County, with an animal
capacity of no greater than 1248 Farrow to Wean and the application to land as specified in the Certified
Animal Waste Management Plan (CAWMP).
the COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS
143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A namelownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
P.O. Box 29535, Raleigh, North Carolina 27626-0535 'telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Certificate of Coverage AWS710056
Watha Farm K-6
Page 2
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water
Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this
COC or the General Permit, please contact J R Joshi at (919) 733-5083 ext. 363.
Sincere] ,
i
A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington Regional Office, Water Quality Section
Pender County Soil and Water Conservation District
Permit File
e State of North Carolina
��. Department of Environment and Natural Resources
It �-
Division of Water Quality
Non -Discharge Permit Application Form V�
(I'HIS FORA4 Alit Y BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Existing Liquid Animal Waste Operations
The following questions have been completed utilising information on filr with`tiie Division. Please
review the information for completeness And make any corrections whic�i are tip[iro riale, if n
_ question has not been completed by the Division, please complete as best aL;�f[tsibie.� D`o net leave
any question unanswered.
:_
1. GENERAL INFORMATION: "` �' =,
~' h
1.1 Facility Name: Watha Farm K-6
1.2 Print Land Owners name: Craig King
1.3 Mailing address: 126 Garland_King Rd.
City, State: Teachey NC Zip: 2PA64 -
Telephone Number (include area code): 910-285-2692
1.4. County where facility is located: Pender
1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a
copy of a county road map with the location of the farm identified): Farm Location: I-40 Exit, N. IIw . 11. 1 mile turn
left on Farm Rd. 1/5 mile.
1.6 Print Farm Managers name (ifdifferent from Land Owner): a-9011
L7 Lessee's / Integrators name (if applicable; please circle which type is listed):
1.8 Date Facility Originally Began Operation: 01/01/93
1-9 Date(s) of Facility Expansion(s) (if applicable): /.2-11- 9 S
._r
2. OPERATION INFORMATION:
2.1 Facility No.: r71 (county number); (facility number).
2.2 Operation DescitpnSwine operation
�f arrow to Wean
Farrow to Feeder
1248- Certified Design Capacity
1s the above information correct? ,i yes, Ker
o. If no, correct below using the design capacity of the facility
The "No. of Animals" should be the ma)dmum numr which the waste management structures were designed.
Type of Swine
Wean to Feeder
Feeder to Finish
Farrow to Wean (# sow)
Farrow to Feeder (# sow)
Farrow to Finish (# sow)
No. of Animals Type of Poultry No. of Animals
Layer
S10 Non -Layer
lL
Turkey
ype of Cattle No. of Animals
Dairy
Beef
Other Type of Livestock on the farm: ^ No. of Animals: D
FORM: AWO-G-E 1/28/98 Page 1 of 4 .71 - 56
2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system): 80 required Acreage (as listed in the AWM1): 60.4
2.4 Are subsurface drains present within 100' of any of the application fields? YES or(N (please circle one)
2.5 Are subsurface drains present in the vicinity or under the lagoon(s)? Y ES or FO (please circle one)
2.6 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only)
(�5V or NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited? �.. 3 -9
What was the date that this facility's land application areas were sited? -SOME
3. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants Initials
3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
r[
3.2 Two copies of a general location map indicating the location of the animal waste facilities and .
Meld locations where animal waste is land applied;
C
-
3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility
does not have a CAWMP, it must be completed prior to submittal of a general permit
application for animal waste operations.
I
The CAWMP must include the following components:
3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation,
injection, etc.)
3.3.3 A map of every Field used for land application.
3.3.4 The soil series present on every land application field.
3.3-5 The crops grown on every land application field.
3.3.6 The Realistic Yield Expectation (AYE) for every crop shown in the WUP.
3.3.7 The PAN applied to every land application field.
3.3.8 The waste application windows for every crop utilized in the WUP.
3.3.9 The required NRCS Standard specifications.
3.3.10 A site schematic.
3.3.1 1 Emergency Action Plan.
3.3.12 Insect Control Checklist with chosen best management practices noted.
3.3.13 Odor Control Checklist with chosen best management practices noted.
33.14 Mortality Control Checklist with the selected method noted.
3.3.15 I_agoonlstorage pond capacity documentation (design, calculations, etc.)
If your CAWMP includes components not shown on this list, such as an irrigation design,
or site evaluation, please include the additional components with your submittal.
FORM: AWO-G-E 1128/98
Page 2of4 - 71-56
Facility Number: 71 - 56
Facility Name: Watha Farm K-6
4. APPLICANT'S
I, �
this application for
has been reviewed
application are not
package will be re
Signature
TIFICATION:
ell (Land Owner's name listed in question.1.2), attest that
(Facility.name listed in question 1.1)
me andiss accurate and complete to the best of my knowledge. I understand that if all regnired parts of this
npleted and that if all required supporting information and attachments are not included, this application
led to me as iifconinlete.
Date 6-- f 3 ` 479
5. MANAGER'S CERTIFICATION: (complete only if dilrerent from the Land Owner)
(Manager's name listed in question 1.6), attest that this
application for (Facility name listed in question 1.1)
has been reviewed y the and is accurate and Complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that hall required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature Date . - 13 . 4Y
THE COMPLETED ILICATI N P CKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
I
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626:-0535
TELEPHONE NUMBER: (919) 733-5083
FAX NUMBER: (919) 733-0719
FORM: AWO-G-E -1128198 Page 3 o64 - 7I -56
k (l
Pender Soil and Water Conservation District
Telephone 910 259 4305
80I South Walker Street
Past Office Box 248
Burgaw, north Carolina 28425
CERTIFICATION CHECKLIST
ANIMAL WASTE MANAGEMENT PLAN CERTLF'ICATION
NUTRIENT MANAGEMENT PLAN NARRATIVE SUMMARY
NUTRIENT MANAGEMENT PLAN
FIELD MAPSy
SOIL AND WASTE ANALYSES �
NRCS REQUIRED SPECIFICATIONS
BMPS FOR HANDLING SWINE WASTE
CALIBRATION INFORMATION FOR NUTRIENT
APPLICATION EQUIPMENT
WASTE APPLICATION RECORDS
INSECT AND ODOR CONTROL
EMERGENCY ACTION PLAN
Signature below acknowledges receipt of Certification Components by
Owner/Operator.
us�.Qs1 � t - � Q • 97
Signature 4tTechnical Specialist Date Signed
J,e� IL.
/a -/9'- 97
Signature Fa caner/Operator Date Signed
'Iliis flan will be implemented ut Ole even( that aninjil manure or lagoon eQluent h-otu your
operation is leaking, overflowing, or nmuing oatlte site: ,
Step (1) Stop the release or flow of manure/effluent.
Step (2) Assess the extent of the spill and note any obvious damages.
Step (3) Contact appropriate personnel and agencies.
Rind Farms 910--285=2692 (See Land & Nutrient Managenrent
phone list aftached.)
Departweut ofL-nviromneutal Management
)EM) Regional Office:
i0-3900
DEM after hours entergeucy. 9 2 9-733-3942
Local Emergency Mauagement System z 9, of % � 0
Local Natural Resource Consemdon Service: 91D - Z 4bl - a I
Local Cooperative Extension Service:
Local Soil and Water Conservation District:
Local dirt-movinglheavy equipment companies:
Name Phone #
1. Tl �/✓ �RjO1415 ql4 - Z 6-- �2 Z 9 7-
2.
3.
Local contract pumpinglurigadon equipment companies:
Name Those #
1.
2.
3.
Step (4) Implement procedures as advised by' vT , ❑EM, and technical assistance
agencies to rectify the damage, repair the system, and reassess the nutrient
management plan to prevent future problems.
4
0
/11
EMERGENCY ACTION PLAN
Using this outline as guidance, you should develop a specific emergency action plan for
your waste handling system. This plan will be implemented in the event that wastes from
your operation are leaking, overflowing, or running off the site. You should NOT wait
until wastes reach surface waters or leave your property to consider that you have a
problerh. 'You should make every effort to ensure that this does not happen. This plan
should be available to all employees at the facility, as accidents, leaks, and breaks could
happen at any time. Your plan should follow this format:
1. Stop the release of wastes. Depending on (lie situation, this may or
may not be possible. Suggested responses to problems are listed below:
a. Lagoon overflow —possible solutions are:
add soil to berm to temporarily increase elevation of dam --any
permanent alteration of the dam should be approved by a
qualified technical specialist
pump wa`sies to field at an acceptable rate
stop all additional flow to the lagoon (waterers) —hold waste in
house if possible
call a pumping contractor
make sure no surface water is entering lagoon
NOTE: These activities should be started when your lagoon level has exceeded the
temporary storage level.
b. Runoff from waste application field —actions include:
immediately stop waste application
create a -temporary diversion or berm to contain the waste on
the field
incorporate waste to reduce further runoff
C. Leakage from the waste distribution system:
pipes and sprinklers —actions include:
— slop recycle (flushing system) pump
— stop irrigation pump
close valves to eliminate further discharge
separate pipes to create an air gap and stop flow
flush system, houses, solids separators —actions include:
— stop recycle (flushing system) pump
-- stop irrigation pump
-- make sure no siphon effect has been created
separate pipes to create an air gap and stop flow
d. Leakage from base or sidewall of lagoon. Often these are seepage as
opposed to flowing leaks —possible action*:
dig a small well or ditch to catch all seepage, put in a
submersible pump, and pump back into lagoon
if holes are caused by burrowing animals,trap or remove
animals and fill holes and compact with a clay type soil
other holes may be likewise temporarily plugged with clay soil
*Lagoon problems require the consultation of an individual
experienced in the design and installation of lagoons for permanent
repair measures.
2. Assess the extent of the spill and note any obvious damages.
a. Did the waste reach any surface waters?
b. Approximately how much was released and for what duration?
C. Any damage notes, such as employee injury,fish kills, or property
damage?
3. Contact appropriate agencies.
a. During normal business hours, call your DEM regional office, at
910-395-3900, after hours, emergency number: 919-733-3942.
Your phone call should include: your name, facility, telephone
number, the details of incident from item 2 above, the exact
location of the facility, and the location or
direction of movement of the spill, weather and wind
conditions, what corrective measures have been under taken,
and the seriousness of the situation.
b. If spill leaves, of is likely to leave, property or enters surface'
waters, call local emergency management services (EMS) at 910-296-
2160.
C. instruct EMS to contact local Health Department.
d. Contact local Soil and Water Conservation District
Natural Resources Conservation Service office at 910-296-2121,
and Cooperative Extension Service at 910-296-2143for
advice/technical assistance.
e. If you are a contract swine grower associated with a swine company.
integrator, contact the company representative.
4. Implement procedures. as advised by DEM and technical assistance
agencies to rectify the damage, repair the system, and reassess the
waste management plan to keep problems with release of wastes from
happening again.
DUPLIN COUNTY COOPERATIVE EXTENSION SERVICE
PO BOX 458
KENANSVILLE, NORTH CAROLINA 28349
910-296-2143
i DUPLIN COUNTY SOIL AND WATER CONSERVATION DISTRICT
i NATURAL RESOURCES CONSERVATION SERVICE
PO SOX 277
KENANSVILLE, NORTH CAROLINA 28349
910-296-2121
DUPLIN COUNTY EMERGENCY MANAGEMENT SYSTEM
PO SOX 909
KENANSVILLE, NORTH CAROLINA 28349
910-296-2160
DIVISION OF ENVIRONMENTAL MANAGEMENT
127 CARDINAL DRIVE. EXT
WILMINGTON, NORTH CAROLINA 28405-3845
910-395-3900
OPERATION AND MAINTENANCE PLAN
------------------------------
This lagoon • is des i gned for- waste treatment ( permanent storage ) w i th
minimum odor- control. The time required for- the planned fluid level
to be reached (permanent } ternp_tr-ary storage) may vary due to flushing operations and the amount of fresh water- to tie added to the
system.
The designed 6 months temporary storage is an estimated volume
based on : 1) waste from animals; 2) a;,cess rainfa l I after
evapor-at i c-rr; arid 3) the largest 24 hour (orre day) r-a i nfa l I that
occurs on the average of once every 25 years. The volume of
waste generated from a given number- of animals wi l I he fairly
constant througKout the year and from year to year. This
estimate is based on 7 inches of excess rainfall which is
equa I to or exceeds the h i ghest 6 months e;:cess i n a year .
The average annual emc ess rainfal I is approximately 3 inches.
Therefore, an average of 8 inches of excess. rainfalI wiI
need to tie pumped each year. The 25 year rainfal I wi I I riot tie a
factor to consider in an annual pumping 'cycle, but this storage
volume roust always tie available. A maxi rnurn elevation is
determined in each design to begin pumping and this is usually
the outlet invert of pipes) from bui Idirig (s). If the cutlet
pipe is not instaIIed on the e,Ievation to begin pump 1rig, a
permanent marker roust be installed on this elevation to
indicate when pumping should begin. An elevation must be
established to step pumping to maintain minimum treatment idepth
(f feet) . Pumping can be started or stopped any time between
these two elevations for operating convenience as site
conditions permit (weather, soils, crap, and equipment to apply
waste without runoff or leaching).
Land application of waste water is redognized as an acceptable
method of disposal. Methods of app I i cation include so l i d set,
center p i vot, Burrs, and travel i rig gun i rr- i gat i orr. Care shrou I d
be taker, when applying waste to prevent runoff from the field
or damage to crops.
The following items are to be carried out:
1. It is strongly recommended tha the treatment lagoon be pre -
charged to 1/Z, its capacity to prevent e�:cess i ve odors during
start-up. Pre -charging reduces the cc-ncentration of the initial
waste entering the lagoon thereby reducing odors. So 1 1 ds
should be covered with offI.uent at al times. When pre -
charging is completed, f lush bu i I d i ngs with recycled l aSoorr
I i qu i d. Fresh water- should not be used for f 1 ush i ng after
initial filling.
2. The attached waste ut i l i zat i en plan sha I I be followed.
This plan recommends sampling and testing of waste (see
Attachment r) before land application.
3. Begin pump -out of the I aga1:-n when fluid level reaches e l eva-
t i on as marl€ed by permanent markers. Step pump -out
when the fluid level reaches elevation 48'.rE'O or before
f l u i d depth is less than 6 feet deep (this prevents the loss of
favorable bacteria). The design temporary stor-age, less :5 year-
s tor-m i s 120:34 cubic feet or- 90016Z gal I ons . As stated
before, this vclurne wiII vary considerably frc-m year- to year`.
4. The recommended rnax i murn amount tv apply per irrigation is o ne
(1) inch and the recommended maximum app I i cation rate is 0.4
inches per hour.
F. Deep vegetat i {err on embankment and areas adjacent to the I agC.orr
mowed annual i y. Vegetation should be fertilized as needed to
maintain a vigorous stand.
6. Repai r any eroded areas or- areas damaged by rodents and
establish in vegetation.
7. Al surface runoff is to be diverted frcm the Iagoon tc.
stable cutlets.
L . keep a rn i n i mum of 100 feet c r-op I and buffer- or 25 feet cif grass
vegetated buffer- around waste utilization fields, particularly adjacent
to ponds, (apes, streams, open ditches, etc. Do not pump within
00 feet of a residence t-r- within 100 feet of a weI I .
9. The Clean Water- Act of 1977 prep i b i is the d i schar-ge of
pollutants into waters of the United States. The Department of
Environment, Health, and Natural Resources, Division of Environ-
mental Management, has the respons i b i I-i ty for enforcing this law.
P40TES :
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-------------------_..--------------------------------------------_-----
-------------------------------------------_.----------_--_----------_-
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to -meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict
the rate of application for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runoff leaves
the field. (See FOTG Standard 393 -Filter Strip) _
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding. (See "Weather
and Climate in North Carolina" for guidance.)
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or to
surface waters and in: method which does not cause drift from
the site during application. No ponding should occur in order
to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such
a manner that the crop is not covered with waste to a depth that
would inhibit growth. The potential for salt damage from animal
waste should also be considered.
Page: 8
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking.
dormancy.
11. Any new swine facility sited on or after October..1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge -or by over -spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses,
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from`
the site.
15. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal waste management system. -
17. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
of erosion, leakage or discharge.
C
Page: 9
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
18. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be. applied preplant with no further applications of
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volume for waste
storage ponds.
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 10
NORTH CAROLINA
ENYIRONMENTAL A ANAGENIENT CONAIISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE OPERATION GENERAL PERMIT
This permit shall be effective from the date of issuance until April 30, 2003. Holders of
Certificates of Coverage (COC) under this permit shall comply with the following specified conditions
and limitations:
I. PERFORNtkNCE STANDARDS
The animal waste collection, treatment, storage and application system permitted under
this permit shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of
waste at agronomic rates to terraces and grassed waterways is acceptable in accordance
with Natural Resources Conservation Service (NRCS) Standards. Facilities which are in
compliance with their CAWMP and this permit, which unintentionally discharge as a
result of a storm event greater than the 25-year, 24-hour storm, will not be considered to
be in violation of this permit.
2. The CAXVMP is hereby incorporated by reference into this general permit_ New or
expanding farms are required to be certified prior to the stocking of animals. The
CAIAIMP must be consistent with all applicable statutes, rules and standards in effect at
the time of siting, design and certification of the facility. Any violation of the CAWMP
shall be considered a violation of this general permit and subject to enforcement actions.
A violation of the General Permit may result in the Permittee having to take immediate or
long term corrective action(s) as required by the Division of Water Quality. These
actions may include modifying the CAVJW, ceasing land application of waste, or
removing animals from the farm.
3. The facility may not be expanded above the capacity shown in the COC until a new COC
reflecting the expansion has been issued.
4. A copy of this General Permit, COC, certification forms, lessee and landowner
agreements, and the CAWMP shall be readily available at the farm (stored at places such
as the faun residence, office, outbuildings, etc.) where animal waste management
activities are being conducted for the life of this permit. These documents shall be kept
in goad condition and records shall be maintained in an orderly fashion.
5. For all new and expanding operations, no collection or storage facilities may be
constructed in a 100-year flood plain.
6. Existing swine dry lots may remain in wetlands as Iona, as the wetlands uses are not
removed or degraded as a result of the swine. The swine however may not be confined
within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must
not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist,
the area must be managed to include crop rotation.
II. OPERATION AND MUINTENA.NCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
2. A vegetative cover shall be maintained on all land application fields and buffers in
accordance with the CAWMP. No waste may be applied upon fields not included in the
CAWMP.
3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result
in runoff during any given application.
5. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
following the planting of the crop or at any time during the growing season, or in the case
of fruit bearing trees, following breaking dormancy. Application of animal wastes shall
not occur within 30 days of the harvesting of fiber and food crops for direct human
consumption that undergo further processing.
6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pasture, or fields where crops are actively
growing.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and application system.
Washdown of stock trailers, owned by and used to transport animals to and from this
farm only, will be permissible as Ion,- as the system can accommodate the additional
volume. Only those detergents and disinfectants that are labeled by the manufacturer as
readily biodegradable may be utilized.
8. Disposal of dead animals shall be done in accordance with the North Carolina
Department of Agriculture and Consumer Services .(NCDACS) Veterinary Division's
regulations.
2
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste lagoons
and storage ponds to prevent any unnecessary addition to the liquid volume in the
structures_
10. A protective vegetative cover shall be established and maintained on all lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms,
pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall
not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall
be removed in accordance with good engineering practices. Lagoon/waste storage pond
areas shall be accessible, and vegetation shall be kept mowed.
1 I . At the time of sludge removal from a lagoon, the sludge must be managed in accordance
with a,CAWMP. When removal of sludge from the lagoon is necessary, provisions must
be taken to prevent damage to lagoon dikes and liners.~
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The facility must have one of the following items at all times (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of
the necessary equipment, (c) a contract with a third party applicator capable of providing
adequate waste application, or (d) a contract for the purchase of the equipment.
Equipment shall be capable of meeting permit condition H (4).
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the waste collection, treatment, and storage structures and runoff control
measures shall be conducted. at a frequency to insure proper operation but at Ieast
monthly and after storm events. For example, lagoons, storage ponds, -and other
structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Any major structural repairs (to lagoons or waste storage ponds) must have
written documentation from a technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no technical specialist approval is necessary
[i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or
decreased), etc.].
3
? If not already installed at this facility, a waste -level gauge to monitor waste levels shall be
installed within 60 days of issuance of the COC under this general permit. This gauge
shall have readily visible permanent markings indicating the maximum liquid level at the
top of the temporary liquid storage volume, minimum liquid level at the bottom of the
temporary liquid storage volume, top of the dam elevations_ Where storage ponds are
utilized, only a gauge indicating the maximum liquid level at the top of the temporary
liquid storage volume and top of dam elevations need be installed. Caution must be taken
not to damage the integrity of the liner when installing the gauge. Waste lagoon and
storage pond levels shall be recorded weekly on forms supplied or approved by the
DWQ. For level gauges already installed, the gauge shall have at a minimum: readily
visible permanent markings indicating the maximum liquid level at the top of the
temporary liquid storage volume and minimum liquid level at the bottom of the
temporary liquid storage volume.
3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimurn of three years and shall
be made available to the DWQ upon request.
4. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include the following parameters:
Nitroaen Zinc
Phosphorous Copper
5. Records, including land application event(s) and removal of solids to an off -site
location(s) records, shall be maintained by the Perrriittee in chronological and legible
form for a minimum of three years_ These records shall be maintained on form_ s provided
or approved by the DWQ and shall be readily available for inspection.
6. Regional Notification:
The Permittee shall report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the occurrence
of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal system that renders the facility
incapable,bf adequately receiving, treating or storing the animal waste and/or sludge.
c. A spill or discharge from a vehicle transporting animal waste or sludge to the land
application field which results in, a discharge to surface waters or an event that poses
a serious threat to surface waters.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment.
4
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that
required in Condition V (3) of this General Permit.
f. Overapplying animal waste either in excess of the limits set out in the CAVJMP or
where runoff enters surface waters.
g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface
waters or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate DWQ Regional Office of
the occurrence within 5 calendar days following first knowledge of the occurrence. This
report shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the DWQ Regional Office.
IV. - INSPECTIONS
Any duly authorized officer, employee, or representative of the DWQ may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain samples
of the animal waste, groundwater, soil, plant tissue, or surface water.
V. GENERAL CONDITIONS
1. The issuance of a COC under this permit shall not relieve the Permittee of the
responsibility for damages to surface waters or around waters resulting from the animal
operation.
2.. The Permittee shall designate a certified animal waste management system operator to be
in charge (OIC) of the animal waste management system. The animal waste management
system shall be operated by the OIC or a person under the OIC's supervision.
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-N•rar, 24-hour storm
event plus an additional i foot of structural freeboard. In addition to the above
requirements, for new and expanding farms with lagoon designs completed after
September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons
without an outside drainage area.
In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour
storm event and/or the heavy rainfall factor storage requirements for the system may be
designed into the lowest lagoon/storage pond in the system. However, adequate
freeboard must be designed into each of the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from raising into the structural freeboard
while the storm water is draining into the lowest lagoon in the system.
5
Should the DWQ have good reason to believe that any activities conducted pursuant to
this permit may cause or contribute any waste, directly or indirectly, to be intermixed
with the waters of the State, the DWQ may require any monitoring (including but not
limited to groundwater, surface water, animal waste, sludge, soil and plant tissue)
necessary to determine the source, quantity, quality, and effect of such waste upon the
waters of the State. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission requirements. "Good Reason" may be based on the findings of
a related Federal, State, Commission or DENR authorized study or report, or other
evidence showing that violations of State water quality standards or other applicable
environmental standards have occurred or may occur.
5. Failure to abide by the conditions and limitations contained in this permit, the facility's
CA'IA'MP and/or any COC issued under this permit may subject the Permittee to an
enforcement action by the DWQ in accordance with North Carolina General Statutes and
may include the requirement to obtain an individual non -discharge permit and/or the
modification of the animal waste management system
5. The issuance of a COC under this permit does not excuse the Permittee from the
obligation to comply with all applicable statutes, rules, regulations, or 'ordinances (local,
state, and federal).
7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in
accordance with Natural Resource Conservation SenCS �ice (NR) lagoon/storage pond
closure standards or develop and implement an animal waste management plan in
accordance with NRCS standards. Closure shall also include notifying the DWQ and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ-
Water Quality Section- Non -Discharge Branch'within 15 days of completion of closure.
S. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for
revocation of the COC granting coverage under this General Perrnit.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the CAWMP, shall constitute grounds for revocation of
the COC granting coverage under this General Permit.
10. This permit allows for the distribution of manure up to 4 cubic yards per visit to
individuals for personal use.
L
Mr. Craig King
February 25, 2000
Page Two
A civil penalty of up to $25,000 may be assessed for each violation in accordance with
North Carolina General Statute 143-215.6A. In addition, reasonable investigation costs incurred
by the Division may also be assessed per NCGS 143-215.3(a)(9).
In addition, House Bill 1160, signed into law July 21, 1999 requires you to issue a news
release and a public notice concerning the discharge of animal wastes to surface waters of the
State. Your written response should confirm whether these notices have been issued. Please find
the attached information for your use for public notice and news releases.
It is requested that you submit a written response which provides comments for any
additional information you wish to present to the Wilmington Regional Office within ten (10) days
of receipt of this letter. Your comments will be included within the enforcement report and
submitted to the Director for his consideration.
If you have questions concerning this notice, please contact me, Mr. Mike Williams or
Mr. Russ Colby at (910) 395-3900.
Sincere
ly,
y
Rick Shiver
Water Quality Regional Supervisor
CKINGNOV . FEO
cc: Dennis Ramsey
rWWilffi ngton Files (erlfJ
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127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900
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