Loading...
HomeMy WebLinkAbout410012_ENFORCEMENT_20171231Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 19, 2003 R. rti of EtNR DR RAY MCKINNIE NOV 2 4 7003 ADMINISTRATOR AND ASSOC DEAN FOR EXT "� Pa;erI NC A&T STATE UNIVERSITY DEPT OF ANIMAL SCIENCE ������ Office €C� P0BOX 21928 GREENSBORO NC 27420-1928 - SUBJECT: Acknowledgment Receipt Letter NC A&T State University File # DV 03-023 Guilford County Dear Dr. McKinnie: This letter is to acknowledge receipt of your check # 362479 in the amount of $7,530.33, received on November 12, 2003. This payment satisfies in full the civil assessment in the amount of $7,530.33 levied against NC A&T State University and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call Keith Larick at (919) 733-5083 ext. 571. Sincerely, Keith Larick Non -Discharge Compliance & Enforcement KL: sw cc: ,Winston -Salem -Regional Office Enforcement/Compliance Files # DV 03-023 Central Files Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affimmative Action Employer 50 % recycled / 1041. post -consumer paper http✓/h2o. enr. state. nc. us NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 F WA7--c RQG Michael F- Easley, Governor William G. Ross Jr., Secretary r Department of Environment and Natural Resources to -c Alan W. Klimek, P.E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 2, 2003 Dr. Ray McKinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science P.O. Box 21928 Greensboro, NC 27420-1928 RE: Request for Remission of Civil Penalty NC A&T State University Farm or Permit # Guilford County File No. DV 03-023 Dear Mr. McKinnie: CERTIFIED MAIL RETURN RECEIPT REQUESTED N.C. 0 C T 15 2003 Winston-S .ler . Regional Officis In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of S7,530.33. There are two options available to you. You may choose to pay the penalty or you may Iet the Environmental yianagement Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your receipt of this letter to the attention of: Mr. Keith Larick DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Customer Service: Mailing Address: Telephone (919) 733-5083 1.877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier ;#52-01-01 An Equal Opportunity /Affirmative Action Employer 500,5 recycled / 10% post -consumer paper http://h2o. enr. state" nc. us NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Mr. McKittnie Page 2 October 2.2003 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the recommendation to deny the request will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached form within thirty (30) days of receipt of this letter. Send the completed form to: Mr. Keith Larick DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Keith Larick at (919) 733-5083 ext. 571 or Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Alan W. Klimek, P.E. F-111.�I:1Q1.51 cc: Steve Mauney, Winston-Salem Regional Supervisor Melissa Rosebrock, Winston-Salem Regional Office File No. DV 03-023 Central Files 14 RECEIVED of WArF� N.C. Deft. of EKNR AUG 1 9 nnnn Michael F. Easley 2UU3 Governor G777William G. Ross Jr., Secretary 1 Department of Environment and Natural Resources o Winston-Sa.em i�na� atfiGe aan W. Klimek, P.E. Director Reg Division of Water Quality August 15, 2003 Dr. Ray McKinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science P.O. Box 21928 Greensboro, NC 27420-1928 RE. Remission Request NC A&T State University Permit No. AWS410012 Guilford County File No. DV 03-023 Dear Dr. McKinnie: This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on October 1, 2003, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 571. Sincerely, egy,%r Keith Larick Non -Discharge Compliance & Enforcement cc: CSteve-iVlaune.y., Winston-Salem egional-Sti Melissa Rosebrock, Winston-Salem Regional Office w/attachment Central Files File DV 03-023 w/ 3 attachments Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Af6rmativeAction Employer 50% recycled / 107b post -consumer paper httpJ/h2o. enr. state-nc. us f� 1�l_CD Eh1 Locatiorf: 512 N. Salisbury St. Raleigh, NC 27699-1617 NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY P. O. Box 21928 Greensboro, NC 27420-1928 COOPERATIVE (336) 334-7691, Fax (336) 334-7077 sxrLNSION PROGRAM August 13, 2003 Mr. Keith Larick Division of Water Quality 03G 1617 Mail Service Center sGytO`t Raleigh, NC 27699-1617 VI iJE �'�tG tiiac,ceErit Dear Mr. Larick: I am writing in response to DWQ's letter of July 14, 2003, citing several violations and concerns observed during a March 28`h site visit to our porcine research facility. Your letter was very succinct in its findings and recommendations for changes to insure our compliance with State rules and regulations governing the management and handling of animal waste. Please know that it was never the intent or the desire of North Carolina A&T State University to violate or subvert any such rules and(or) regulations of the State of North Carolina. Per my letter and signed waiver of right to an administrative hearing and stipulation of facts, I am asking for a remission or mitigation of the civil penalty assessed the University in the amount of S7, 530.33. A site visit to our swine operation was initiated by the complaints of Mr. Jay F. Hackett. Such complaints are not uncommon. Records will show that he has contacted your office on several occasions as to perceived violations of various rules and regulations by the University. Although an occasional nuisance to us, his calls and subsequent DWQ visits have assisted us in evaluating our compliance with the State codes/regulations and in evaluating the management of our swine unit. Per the guidelines for a written request for remission or mitigation, i have prepared a response to each of the six violations/concerns noted in DWQ — Winston Salem office's letter of April 25`h (see attached letter) and reiterated in the State office's letter of July 14th. Concern #I. The observed discharge was caused by the mechanical failure of our irrigation system (reel and gun). The chain of the reel had slipped, causing the gun to not be retracted, resulting in the over application of wastewater to one area of the field. Upon saturation of the area, wastewater began to runoff the field, which was observed during the site visit. The reel had been repaired prior to the observation but the damage had already occurred. Additionally, on April 2, 2003, the swine unit was subject to a routine operation's review site visit by the Division of Soil and Water Conservation of Guilford County. Their report noted no evidence of present or past discharge of animal waste to surface waters or wetlands. They could not confim-/identify the "unnamed tributary or route of discharge to South Buffalo Creek" that Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age or disability. North Carolina State University North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating. Keith Larick Page 2 August 13, 2003 was noted in your letter. However, there were other observations and comments made that were similar to those in the April 25`h letter. Concern #2. As stated above, the irrigation reel was repaired and its use continued under close observation. Because of the age of our system, it was recommended, by the manufacturer's service representative, that the system be overhauled. Given the cost of repair and age of our current reel system versus the purchase of a new system, we chose to replace the entire system (new reel and gun) effective mid -July. Our new system has been operational for one month and is an upgrade from our previous system relative to hose size and variable speeds of retraction. Concern #3. Again, it was never the intent or desire of North Carolina A&T State University to purposely violate or subvert any such rules and(or) regulations of the State of North Carolina. Hopefully, our correction of the factors contributing to the observed dissolved oxygen and conductivity levels will help to dissipate observed levels and return stream levels to normal. Concern #4. Animal numbers have been reduced on field #3 and crops established on the denuded land areas. Field #3 is divided into six lots, with minimal animal numbers in two of the lots. Various combinations of clover, oats, rye, barley and rape have been planted in the field. The field now has a vegetative cover, on to which wastewater is being applied. Irrigation pulls (1-4) have been reinstated and can be carried out with minimal interference from the small number of animals grazing in the lots. Concern 95. Throughout late fall and winter, we experienced unusually high rainfall, which impeded our ability to irrigate. When weather permitted aerial application, the unit's staff worked diligently to apply waste to the various fields outlined in our waste management plan. Prior to the start of heavy rainfalls in the fall and winter, lagoons #2 and #3 were very much below their maximum liquid marks. In fact, the wastewater levels were so low that we were very concerned as to whether or not we would be able to continue the operation of our ongoing constructed wetlands' research project with USDA-ARS. Currently, lagoon wastewater levels are below the maximum liquid marker levels and irri_Qation is conducted as weather permits, given our continued heavy rains throughout much of the spring and summer. Concern #6. A purchase order, to repair the dam of lagoon #2, had been issued prior to it being cited in the April 25`h letter. Again, given the heavy spring rainfall and the location of the lagoon, it was very difficult to find a period of time that was dry enough to allow heavy trucks to haul in the dirt necessary for repairing the dam. We were aware of the situation and have already corrected it. Work has been completed and the dam embankment level has been raised and a vegetative cover established. .l Keith Larick Page 3 August 13, 2003 Hopefully, the explanations listed above adequately addresses the violations and concerns cited in the DWQ letters_ . Circumstances beyond our control lead to our being in violation of the identified rules and regulations. It was never our intent to deliberately violate any rules and regulations set forth by the State of North Carolina. We have taken corrective action to insure our future compliance and request a remission of civil penalty, totaling $7,5530.33. If I can be of further assistance or clarification to Mr. Jeffrey Poupart or yourself, please contact me at the (336) 334-7691 or e-mail me at mckinnie(cDncat.edu. Pc: Dr. Alton Thompson Dr. David Libby Mr. Richard Phillips Sincerely; M. Ray McK nnie, Ph.D. Administrator & Assoc. Dean STATE OF NORTH CAROLINA COUNTY OF Guilford IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND NC A&T State University ) STIPULATION OF FACTS FILE NO. DV 03-023 Having been assessed civil penalties totaling $7,530.33 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 14, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will -be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the 3 �h day of ^ ��gLl1� , 20M. ADDRESS ATURE lip 4 ".-' 6 P. 'a/G Z 7-yz0 -'J9Z� TELEPHONE �336 33Li 76<71 7 3' 1 a 77 ��Ax) rflf A Michael F. Easley, Governor �D�O 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources U] r Alan W_ Klimek, P.E. Director q Division of Water Quality O 'C April 25, 2003 CERTIFIED MAIL 7001 2510 0001 4778 5697 RETURN RECEIPT REQUESTED Dr. Ray Mc Kinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science PO Box 21928 Greensboro, NC 27420-1928 APR- 2 9 20M OFF M OF AOMMISTRATOR SUBJECT: Notice of Violation/Notice of Intent to Enforce Complaint Investigation NC A&T State University — Porcine Research Laboratory Facility #86-23 Guilford County Dear Dr. McKinnie: This letter is to summarize the violations observed during a complaint investigation performed at NC. A&T State University's porcine facility on March 28, 2003' ,Melissa Rosebrock and Sue White, with the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) conducted the investigation. Mr. Donald Ford (operator), Dr. Charles Kadzere (animal - science department chair), and Mr. Richard Phillips (technical specialist) were also present. The March 28, 2003 visit was a result of a complaint received by our office from Mr. Jay F. Hackett, alleging that his cattle had become ill and died as a result of "hog waste.from the lagoon that had run-off." He also stated that waste was currently being applied and that "waste runs off into the creek every time they spray." On the date of the investigation, Staff observed and recorded the following violations and concerns: 1. At the time of the complaint investigation DWQ.staff observed that animal waste was being applied to Field #1 (irrigation pull #2)_,Although the wheat field was well vegetated, a discharge of animal waste was observed running -off the spray field and into a wooded area. DWQ staff followed the discharge downhill and into an unnamed tributary (UT) to South Fork Buffalo Creek (Class C NSW waters of the State in the Cape Fear River Basin). The unpermitted discharge of animal waste from the spray -field and into waters of the State is a violation of your Certified Animal Waste Management Plan (CAWMP), deemed permit, NCGS 143.215.10C, and NCGS 143.215.10E. 2. The waste irrigation equipment did not appear to be working properly on the date of our investigation. Per Mr. Ford, the chain on the reel had slipped, causing the hose and gun to not be retracted properly. The waste application equipment needs to be repaired or replaced immediately in order to prevent an unpermitted discharge in the future. Failure to ensure that the irrigation equipment is operated properly is a violation of the deemed permit and CAWMP. Agy'A NCDENR N. C_ Division of Water Quality/WaterQuality Section 585 Waughtown Street Winston-Salem. NO 27107 (336) 771-4600 Customer Service 1 80o 623-7748 NC A&T State University April 25, 2003 Page 2 3. Dissolved oxygen (DO) readings were also taken of the discharge stream as well as upstream and downstream of the discharge. The discharge DO was measured to be 3.32 mg/L (32.3% saturation) while the upstream and downstream DOs were measured to be 8.45 mg/L (87.8 % saturation) and 4.74 mg/L (49.5% saturation), respectively. Water Quality Standards for Freshwater Classifications state that the DO for this surface water should be no less than 5.0 mg/L. You are, therefore, in violation of the NC Water Quality Standard for dissolved oxygen. Conductivity (a numerical expression of the ability of an aqueous solution to carry an electrical current) was also measured and recorded on site_ The conductivity at the discharge area was 990 p S/cm, while the upstream and downstream conductivity was 100 µS/cm and 830 pS/cm, respectively. 4. DWQ staff also noted that Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in this field for research purposes. This field was also denuded due to heavy animal traffic. The CAWMP states that there is to be adequate land on which to properly apply animal waste. Considering the recent pattern of chronic rainfall, it is strongly recommended that the swine be removed from Field #3 and a crop established so that this field is available to receive animal waste as soon as possible. 5. The waste level in the second stage lagoon (#2) was observed to be 6 inches above the maximum liquid mark and 12 inches from overflowing_ The waste level in lagoon #3 (waste storage pond) was even- with the maximum liquid mark. Failure to maintain the waste level below the maximum liquid mark is a violation of the CAWivIP, deemed permit, and NCGS 143.215.10E. 6. The dam for lagoon #2 was observed to be damaged and in need of repair due to vehicle and/or machinery traffic during wet conditions. Failure to establish a protective cover on the lagoon embankment is a violation of the CAWNIEP and deemed permit. The Winston-Salem Regional Office is considering recommending an enforcement action against you for the above referenced violations. If you have justification that these violations are caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken against your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. NC A&T State University April 25, 2003 Page 3 PIease address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771- 4600_ Sincerely, Steve M uney Acting Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Guilford County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO Jerry Dorsett — DSWC WSRO WSRO Facility Files Central Files oF WA rERQ� July 14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dr. Ray McKinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science P.O. Box 21928 Greensboro, NC 27420-1928 Michael F. Easley Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality REC'tI13 N000- ()i EHNR J U L 1. 6 2003 Winston-Salem Flegional Office SUBJECT: Assessment of Civil Penalties for VioIation(s) of N.C. General Statute(s) 143-215.1 NC A&T State University Guilford County File No. DV 03-023 Dear Dr. McKinnie: This letter transmits notice of a civil penalty assessed NC A&T State University in the amount of $7,530.33, including S530.33 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N-C.G.S. 143-215.6A(h). 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 x•aiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment -to the attention of. Keith Larick Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NQ Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier ;#52-01-01 An Equal Opportunity/Alfrrmative Action Employer 50% recycled/ 101. post -consumer paper httpJ/h2o. enr-state. nc.us i9 ;M sir CDEh`c- Location: 512 N. Sal isbury St. Raleigh, NC 27699-1617 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 (form attached) of your tight 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: Keith Larick DWQ 1617 Mail Service Center Raleigh NC 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, 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 Oakley Registered Agent Dept. of Environment and Natural Resources 1601 Ivlail Service Center Raleigh, North Carolina 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 Keith Larick at (919) 733-5083, extension 571. Sincerely, Jeffrey Poupart Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc. $egional.Supervisor_w/_attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA COUNTY OF Guilford ENVIRONMENTAL MANI AGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADVIINISTRATIVE HEARING AND NC A&T State University ) STIPULATION OF FACTS FILE NO. DV 03-023 Having been assessed civil penalties totaling _ $7,530.33 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 14, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of ADDRESS TELEPHONE SIGNATURE ,20 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GUILFORD FILE NO. DV 03-023 IN THE MATTER OF ) NC A&T STATE UNIVERSITY ) } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE } AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. NC A&T State University owns and operates NC A&T Porcine Research Laboratory, located on J.F.H. Dairy Road in Guilford County. B. The NC A&T Porcine Research Laboratory was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste management plan is required by 15A NCAC 2H .0217 as a condition of being deemed permitted. C. A waste utilization plan (WUP) is a required component of an animal waste management plan in accordance with G.S. 143-215.1OC(e). D. The approved animal waste management plan certification including a WUP for NC A&T Porcine Research Laboratory was signed by NC A&T State University on December 19, 1997. E. The certified animal waste management plan (CAWMP) states that animal waste shall not be discharged into waters of the State due to run-off or the application of animal waste. The CAWMP further states that animal waste shall not be applied when the soil is saturated. F. The CAWMP states that the waste level in Iagoon #2 must be maintained between the maximum and minimum liquid marks. At least eighteen (18) inches of storage above the maximum liquid mark is required for lagoon #2 at this facility. 4 G. The CAWMP states that a protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, etc.). H. The water quality standard for dissolved oxygen within Class C Nutrient Sensitive Waters is not less than 5.0 mg/1 for average daily values and not less than a minimum instantaneous value of 4.0 mg/1 per 15A NCAC 2B.021 I (3)(b). I. On March 28, 2003, in response to a complaint, DWQ staff inspected the NC A&T Porcine Research Laboratory. Staff observed animal waste being pumped from lagoon #1 and irrigated onto a small -grain crop located in field #1 (pull#2) at the NC A&T Porcine Research Laboratory. Staff further observed a discharge of wastewater from this sprayfield, downhill into a wooded area, finally discharging into an unnamed tributary to South Buffalo Creek, a Class C NSW water of the State within the Cape Fear River Basin. J. NC A&T State University had no valid permit for the above described activity. K. On March 28, 2003 DWQ staff documented twelve (12) inches of available storage in lagoon #2. L. On March 28, 2003 DWQ staff observed that the dam on lagoon #2 was damaged and lacked a vegetative cover. M. On March 28, 2003 DWQ staff measured dissolved oxygen levels in the unnamed tributary to South Buffalo Creek using a calibrated instrument. Dissolved oxygen in the stream was found to be 3.32 mg/L. N. The cost to the State of the enforcement procedures in this matter totaled $530.33. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. NC A&T State University is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 1431212(4). B. The unnamed tributary to South Buffalo 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. The above -cited failure to maintain the freeboard level in the lagoon at the level specified in the WUP is a violation of the 15A NCAC 2H .0217 non -discharge deemed permit and G.S. 143-215.1. E. The above -cited failure to establish a protective cover of appropriate vegetation on the lagoon embankment is a violation of the non -discharge deemed permit and G.S. 143-215.1. F. NC A&T State University violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(b) on March 28, 2003 when the water quality standard for dissolved oxygen applicable to South Buffalo Creek was exceeded. G. NC A&T State University 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. 143-215.1. H. The State's enforcement costs in this matter may be assessed against NC A&T State University pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). 1. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, NC A&T State University is hereby assessed a civil penalty of: Sj20 for making an outlet to waters of the State without a permit as required by G.S. 143-215.1. S- OQO for violation of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to maintain a vegetative cover on the dam of Iagoon #2 as specified in the CAWMP. S D ' for violation of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to maintain the liquid level in lagoon #2 as specified in the CAWMP. $ (i0O for violation of the 15A NCAC 2B.0211(3)(b) by exceeding the standard for dissolved oxygen. S 530.33 Enforcement costs S 7.530.33 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.14313-282.1(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. 1 J 1 03 (Date) y O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY P. O. Box 21928 COOPERATIVE Greensboro, NC 27420-1928 EXTENSION PROGRAM (336) 334-7691, Fax (336) 334-7077 May 9, 2003 Mr. Steve Maunev Acting Water Quality Supervisor N. C. Division of Water Quality Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Dear Mr, Mauney: RECE!UE[) N.C. Dept. Ot Et �: MAY 10 2003 Winster- diem Regional off ice_ I am writing in response to your letter of April 25, 2003, outlining several violations and concerns observed during a March 28`h site visit to our porcine research facility. Your letter was very succinct in its findings and recommendations for changes to insure our compliance with State rules and regulations governing the management and handling of animal waste. Please know that it was never the intent nor the desire of North Carolina A&T State University to violate or subvert any such rules and(or) regulations of the State of North Carolina. Complaints by Mr. ,lay F. Hackett, as to the operation of our swine unit, are not uncommon. Records will show that he has contacted your office on several occasions as to perceived violations of various rules and regulations by the University. Although an occasional nuisance to us, his calls and subsequent DWQ visits have assisted us in evaluating our compliance with the State codes/regulations and in evaluating the management of our swine unit. Per your request, I have prepared a response to each of the six violations/concerns noted in your letter. Concern #I. The observed discharge was caused by the mechanical failure of our irrigation system (reel and gun). The chain of the reel had slipped, causing the gun to not be retracted; resulting in the over application of wastewater to one area of the field. Upon saturation of the area, wastewater began to runoff the field, which was observed during the site visit. The reel had been repaired prior to the observation but the damage had already occurred. Additionally, on April 2, 2003, the swine unit was subject to a routine operation's review site visit by the Division of Soil and Water Conservation of Guilford County. Their report noted no evidence of present or past discharge of animal waste to surface waters or wetlands. They could not confirm/identify the "unnamed tributary or route of discharge to South Buffalo Creek" that was noted in your letter. However, there were other observations and comments made that were similar to those in your letter. Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age or disability. North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating. Steve Mauney Page 2 May 9, 2003 Concern #2. As stated above, the irrigation reel has been repaired and is now closely monitored during times of operation. Because of the age of our system, it has been recommended, by the manufacturer's service representative, that the system be overhauled. We are moving forward with scheduling a time for its repair, prior to the busiest part of our pumping season. Furthermore, we are investigating the cost of completely replacing the entire system (new reel and gun). Concern #3. Again, it was never the intent or desire of North Carolina A&T State University to purposely violate or subvert any such rules and(or) regulations of the State of North Carolina. Hopefully, our correction of the factors contributing to the observed dissolved oxygen and conductivity levels will help to dissipate observed levels and return stream levels to normal. Concern #4. Animal numbers have been reduced on field #3 and crops established on the denuded land areas. Field #3 is divided into six lots, with minimal animal numbers in two of the lots. Various combinations of clover, oats, rye, barley and rape have been planted in the field. The field now has a vegetative cover, on to which wastewater is being applied. Irrigation pulls (1-4) have been reinstated and can be carried out with minimal interference from the small number of animals grazing in the lots. Concern #5. Throughout late fall and winter, we have experienced unusually high rainfall, which has impeded our ability to irrigate. When weather has permitted aerial application, the unit's work crew has worked diligently to apply waste to the various fields outlined in our waste management plan. Prior to the start of heavy rainfalls in the fall and winter, lagoons #2 and #3 were very much below their maximum liquid marks. In fact, the wastewater levels were so low that we were very concerned as to whether or not we would be able to continue the operation of our ongoing constructed wetlands' research project with USDA-ARS. Currently, lagoon wastewater levels are below the maximum liquid marker levels and irrigation is conducted as weather permits. Concern #6. A purchase order, to repair the dam of lagoon #2, had been issued prior to it being cited in your letter. Again, given the heavy spring rainfall and the location of the lagoon, it has been, and continues to be, difficult to find a period of time that is dry enough to allow heavy trucks to haul in the dirt necessary for repairing the dam. We are aware of the situation and will correct it as soon as weather permits. Hopefully, the explanations listed above adequately addresses the violations and concerns cited in your letter. Circumstances beyond our control have lead to our being in violation of the identified rules and regulations. It was not our intent to deliberately violate them and we have taken corrective action to insure our future compliance. Steve Mauney Page 3 May 9, 2003 If 1 can be of further assistance or clarification to Ms. Rosebrock or yourself, please contact me at the (336) 334-7691 or e-mail me at mckinnieRncat.edu. Sincerely, M. Ray McKinme, Ph.D. Administrator & Assoc. Dean Pc: Dr. Alton Thompson Dr. Charles Kadzere Mr. Richard Phillips DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Mav 8, 2003 MEMORANDUM: To: Steve Lewis From: Steve Mauney Melissa Rosebrock Subject: Recommendation for Civil Penalty NC A&T Porcine Research Laboratory, #41-12 Guilford County Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil penalty assessment against NC A&T State University. This request is based on the facility's continued lack of compliance and the most recent site visit conducted March 28, 2003 in response'to a complaint alleging the run-off of animal waste into waters of the State. The complaint also alleges that three cattle died as a result of drinking surface water contaminated with the discharged waste. On the date of the complaint investigation, staff observed animal waste being irrigated from lagoon #1 onto a small -grain field. Animal waste was also observed running off the spray field, ultimately discharging into an unnamed tributary to South Buffalo Creek (Class C NSW). The waste level in lagoon #2 was documented to be six inches above the maximum liquid mark and 12 inches from overflowing. Several field parameters were recorded and waste samples obtained for analysis. Dissolved oxygen in the discharge stream was found to be 3.32 mg/L while the downstream dissolved oxygen was 4.74 mg/L. Both are a violation of the NC Water Quality Standard for Freshwater Classifications. We request that you initiate appropriate -action from your office and forward the package to the Water Quality Director for assessment. The following items are also being transmitted for your review: A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) Two copies of a completed "Water Quality Enforcement Case Assessment Factors." C) Most recent correspondence between violator and DWQ, including two copies of "NOWNOI 10-day letter." Violator did not submit a response. D) Two signed copies of the most recent DWQ Compliance Inspection (March 28, 2003 complaint). E) Site diagram. F) Photographs of the discharge violations observed on March 28, 2003. G) Field parameters, sample results, and COCs. Also, a summary page outlining the laboratory results. Please contact Melissa Rosebrock in our office at (336) 771-4608 x265 for any additional information you may need. Attachments cc: W'.inston-SalemRegional-6ffice.Facility less Central Files ...y7 r STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GUILFORD FILE NO. DV#### IN THE MATTER OF } NC A&T STATE UNIVERSITY } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA } WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. On the date of the freeboard and discharge violations, NC A&T State University owned and operated NC A&T Porcine Research Laboratory, located on J.F.H. Dairy Road in Guilford County. B. The NC A&T ' Porcine Research Laboratory was , deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste management plan is required by 15A NCAC 2H .0217 as a condition of being deemed permitted. C. A waste utilization plan (WUP) is a required component of an animal waste management plan in accordance with G.S. 143-215.1OC(e). D. The approved animal waste management plan certification for NC A&T Porcine Research Laboratory was signed by NC A&T State University on December 19, 1997. The certified animal waste management plan (CAWMP) states that animal waste shall not be discharged into waters of the State due to run-off or the application of animal waste. The CAWMP further states that animal waste shall not be applied when the soil is saturated. The CAWMP additionally states that the waste level in lagoon #2 must be maintained between the maximum and minimum liquid marks. At least 18 inches of storage above the maximum liquid mark is required for lagoon. #2 at this facility. E. The CAWMP states that a protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, etc.). n F. On March 28, 2003 DWQ staff inspected the NC A&T Porcine Research Laboratory in response to a complaint. Staff observed animal waste being pumped from lagoon #1 and irrigated onto a small -grain crop located in field #1 (pull#2) at the NC A&T Porcine Research Laboratory. Staff further observed a discharge of wastewater from this sprayfield, downhill into a wooded area, finally discharging into an unnamed tributary to South Buffalo Creek, a Class C NSW water of the State within the Cape Fear River Basin.. G. NC A&T State University had no valid permit for the above -described discharge activity. H. On March 28, 2003 staff documented only twelve inches of available storage in lagoon #2. I. On March 28, 2003 staff observed that the dam on lagoon #2 was damaged and lacked a vegetative cover. J. The cost to the State of the enforcement procedures in this matter totaled $530.33. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. NC A&T State University is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Unnamed tributary to South -Buffalo 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. NC A&T State University 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. 143-215.1. E. The State's enforcement costs in this matter may be assessed against NC A&T State University pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. i Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, NC A&T State University 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. $ for violation of the CAWMP (Certified -Animal Waste Management Plan) by overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters. $ for violation of the CAWMP by failing to maintain a vegetative cover on the dam of lagoon #2. for violation of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to maintain the liquid level in lagoon #2 as specified in the,CAWMP. $ for -two violations of the NC Water Quality standard for dissolved oxygen. $ 530.33 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215:5A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (5) 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. (Date) J. Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: D' 'Violator: NC A&T State University (owner) Address: NC A&T State University Department of Animal Science PO Box 21928 Geensboro, NC 27420 Guilford County Responsible Party: Dr. Ray McK nnie, Administrator and Assoc. Dean for Extension Regional Office: Winston-Salem 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 violations: NC A&T State University violated the CAWMP (Certified Animal Waste Management Plan) and NCGS by applying waste onto saturated soil that resulted in a discharge to waters of the State. The discharge of swine waste added an unknown amount of additional nutrients to a water body already classified as nutrient sensitive. The individual reporting the complaint alleges that three of his cattle became sick and died as a result of drinking water from the creek that had been contaminated with animal waste. The WSRO has not received any documentation substantiating this allegation. 2. The duration and gravity of the violarions: Unknown. Based on information supplied from the complaint caller, animal waste maj, only have been discharging from the spray field a few hours prior to investigation by the WSRO on March 28, 2003. Lagoon #2 was 12 inches from overflowing. Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in this area which had caused the field to become denuded. Considering the recent pattern of chronic rainfall in this area, it was recommended that the swine be removed from field #3 (pulls 1-4) so that this field would be available for waste application. Waste was also washing from the swine pens located in the wooded area uphill from the unnamed tributary to South Buffalo Creek. The facility- has been cautioned of this previously_ 3. The effect on ground or surface water quality or quantity or on air quality: Unknown. To date, there have been no substantiated reports of downstream impacts outside of the area of investigation. 4. The cost of rectifying the damage: Unknown. Costs would, however, involve repairing the reel and pump; irrigating lagoon waste levels down to meet compliance; cost of the soil/waste analyses; and repair/seeding of the damaged area of dam on lagoon #2. 5. The amount of money saved by noncompliance: Unknown. 6. Whether the Violations were committed willfully or intentionally: We believe these violations to be comn-utted willfully and intentionally. NC A&T State University has been cited several times since 1993 for violations of the Certified Animal Waste Management Plan, resulting in a discharge to waters of the State. Our office has also' documented numerous complaints alleging misapplication of animal waste by NC A&T State University. This facility has been instructed .several times by the WSRO regarding the proper techniques for animal waste application. 7. The prior record of the violator in failing to comply with programs over which the Environmental Management Commission has regulatory authority: 1993 (April) - DWQ issues NOV for overflowing lagoon due to inoperable irrigation pump resulting in a discharge of waste to waters of the State. 1995 (November) - DWQ issues Notice of Concern to the University Dairy and Swine Farms due to "Parlor wash, calf feeding, or other activities that could contribute negative impacts to water duality." 1997 (April) - DWQ issues NOV for failure to designate an Operator in Charge. 1998 (February) - DWQ issues NOV/NOI to dairy facility and NOD to swine facility about their pumping of waste onto saturated fields. 1998 (April) - Show Cause Hearing is held with University officials and DWQ staff regarding the improper management of animal waste on their farms. - 2000 Qune) ='DSWC cites facility, for_ Inadequate-storage_in-swine_lagoons-observed_duung:an " .operational- review. - - - - - - -- * The WSRO fadhtyr file also documents several complaint calls alleging application of waste onto fields resulting in a discharge to the nearby creek. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = 100.00 16 hours by investigator for investigating and drafting report(s) @ $22.27/hr. = $ 356.32 Mileage @ 0.31 per mile for 71 Miles. = S 22.01 1.0 hour by Water Quality Regional Supervisor for review @ $ 37.00/hr. = 5 37.00 1.0 hour for clerical support @ $15.00/ht. - S 15-00 Total = S 530.33 9. Type of violator and general nature of business (i.e. individual vs. large corporation): Violator is a public educational institution. Facility where violations occurred is used for research. 's-` 10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance: Operator reported on April 24, 2003 that all swine had been removed from field #3 and sold and that the field had been planted in oats and clover. He stated that the swine had also been removed and sold from the pens in the wooded area along the creek. Operator stated on April 24, 2003 that the irrigation chain and reel had already been repaired. Operator spoke with WSRO staff on April 30, 2003 and reported that the waste level was now below the maximum liquid mark in all structures. 11. Mitigating circumstances: The operator stated that the irrigation reel did not retract properly due to a chain slipping on the pump/motor. This facility also had a previous discharge in 1993 due to inoperable equipment. 12. Owner of property where the discharge occurred: NC A&T State University 13. Pictures of discharge (optional): Digital photos depicting the discharge violation.ate attached. 14. Assessment Factors: a) IWC: unknown. b) Receiving stream: Unnamed tributary to South Buffalo Creek, Class C NSW Waters of the State. c) Damage: None observed. . „y CERTIFICATION PAGE I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE. 1 � M. Melissa Rosebrock Environmental Specialist II - WSRO t - DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: DV Violator: NC A&T State University (owner) Address: NC A&T State University Department of Animal Science PO Box 21928 Geensboro, NC 27420 Guilford County Responsible Part.: Dr. Ray McKinnie, Administrator and Assoc Dean for Extension Regional Office: Winston-Salem The degree and extent.of harm to -the natural resources of the -State, to the public'healih, or to private property resulting from the violations: NC A&T State University violated the-CAWMP (Certified Animal Waste 'Management Plan) :and NCGS by applying waste onto saturated soil that resulted.in.a.discharge to waters-ofthe-State. The -discharge of swine waste added an unknown -amount of additional nutrients -to a water body already classified as nutrient sensitive. The individual reporting the complaint.alleges-that three of his cattle became sick -and died as.a result of drinking water from the creek that had been .con[at if ated with ani.mal.wastd. The WSRO has not received any -documentation substantiating this allegation. 2. The duration.and.gravity of the violations: Unknown. Based on information supplied from the complaint caller, animal waste may only have been discharging from the spray- field a few hours prior to investigation by the WSRO on March 28, 2003. Lagoon #2 was 12 inches from overflowing. Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in this area which had caused the field -to become denuded. Considering the recent pattern of chronic rainfall in this area, it was recommended that the swine.be removed from field #3 (pulls 1-4) so that this field would be available for waste application. Waste was.also washing from the swine pens located in the wooded area uphill from the unnamed tributary to South Buffalo Creek. The facility has been cautioned of this previously. 3_ The effect on ground or surface warer quality or quantity- or on air quality: Unknown. To date, there have been no substantiated reports of downstream impacts outside of the area of investigation. 4. Tee cost of rectifying the damage: Unknown. Costs -would, however, involve repairing the reel and pump; irrigating lagoon waste levels down to meet compliance; cost of the soil/->aste analvses; and repair/seeding of the damaged area of dam on lagoon #2. 3. The amount of money- saved by noncompliance: Unknown. G. Whether the iiolations were committed willfully or intentionally: We believe these violations to be committed willfully and intentionally. NC A&T State University has been cited several times since 1993 for violations of the Certified Animal Waste Management Plan, resulting in a discharge to waters of the State. Our office has also documented numerous complaints alleging misapplication of animal waste by NC A&T State University. This facility has been instructed seueral tunes by the WSRO regarding the proper techniques for %nirn?l waste application. 7. The prior record of the violator in failing to comply with programs over which the Environmental Management -Commission has regulatory authority. 1993 (April) - DWQ issues NOV for overflowing lagoon due to inoperable irrigation pump resulting in a discharge of waste to waters of the State. 1995 (November) —DWQ issues Notice of -Concern to -the University- Dairy, -and Swine°Fauns _ due to `Tailor wash, calf -feeding, or other activities_ that -could -contribute negative impacts to - - - water quality." - 1997 (April) — DWQ issues NOV for failure to designate an C►perator in Charge. 1998 (February) — DWQ issues NOV/NOI to dairy- facility and NOD to swine facility about their pumping of waste onto saturated fields. 1998 (_April) — Show Cause Hearing.is held with University officials -and DWQ staff regarding the improper management of.animal waste on their farms.- - 2000-Qune) DSWC cites -facility foz _inadequate-storag5-in_s�vine_lagoons-observed=during -- - - - - --aperattonal reviM. -- - - - - - - - - — * The WSRO facility file also:documents-several complaint calls alleging application of waste onto fields resulting.in a discharge to the nearby creek. 8- The cost to the State of the enforcement procedures: Central Office. Review. and Processing —S 100.00 16 hours by investigator for investigating and drafting report(s) @ S22-27/hr- = S 356.32 Mileage @ 0.31 per mile for 71 NLiles. = S 22.01 1.0 hour by Water Qualin- Regional Supervisor for review @ S 37.00/hr. = S 37.00 1.0 hour for clerical support @ S15.00/hr. = S 17.00 Total = S 330.33 9. Type of violator and general nature of business (i.e. individual vs, large corporation): -\,-ioiator is a public educational institution. Facilin� where violations occurred is used for research. 10. Violator's degree of cooperation (including efforts to prevent. or restore) or recalcitrance: Operator reported on April 24, 2003 that all su-ine had been rerrioved from field #_3 and sold and that the field had been planted in oats and clover. He stated that the swine had also been removed and sold from the pens in the wooded area along the creek. Operator stated on April 24, 2003 that the irrigation chain and reel had already been repaired. Operator spore with WSRO staff on April 30, 2003 and reported that the waste level was now below the maximum liquid marl; in all structures. 11. Mitigating circumstances: The operator stated that the irrigation reel did not retract properly due to a chain slipping on the pump/motor. This facility alro had a previous discharge in 1993 due to inoperable equipment. 12. Owner of property where the discharge occurred: NC A&T State University 13. Pictures of discharge (optional): Digital photos depicting the discharge violation are attached. 14. Assessment Factors: a) IWC: unknown. b) Receiving stream: Unnamed tributary -to South Buffalo Creek, Class C I\TSW Waters of the State. c) Damage: None observed. CERTIFICATION PAGE I CERTIFY THAT THE INTFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE. M. Melissa Rosebroci; Environmental Specialist II - WSRO +t �r W AT F�V� 7 7� �k CERTIFIED MAIL 7001 2510 111101 4778 5697 RETURN RECEIPT REQUESTED Dr- Ray Mc Kinnie Administrator and .Assoc. Dean for Extension NC A&T State University Department of Animal Science PO Box 21928 Greensboro_ NC 27420-1928 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Naturaf Resources SUBJECT: Notice of Violation/Notice of Intent to Enforce Complaint Investigation NC A&T State University° - Porcine Research Laboratory Faciiitv #0401- Guilford Countv Dear Dr. McKinnie: Alan W. Klimek, P.E. Director Division of Water Quality April 25. 200; This letter is to summarize the violations observed during a complaint investigation performed at NC ALT State University's porcine facility on March 28. 2003. Melissa Rosebrock and Sue White, with the States Division of Water Quality (DWQ) ',A'inston-Salem Regional Office (Vi'SRO) conducted the investigation. Mr. Donald Ford (operator), Dr. Charles Radzere (animal science department chair), and Mr. Richard Phillips (technical specialist) were also present. -The March 28, 2003 visit was -a result of a complaint received by our office from Mr. lay F- Hackett, alleging that his cattle had become ill and died as a result of "hog waste from the lagoon that had run-off-" He also stated that waste was currently being applied and that `waste runs off into the creek every time they spray." Or. the date of the investigation. Staff observed and recorded the following violations and concerns: I. At the iime.of the complaint investigation DWQ stair observed that animal waste was being applied to Field #1 (irrigation pull rr2). Although the wheat field was well vegetated, a discharge of animal waste was observed running off the spray field and into a wooded area. DWQ staff followed the discharge downhill and into an unnamed tributary (UT) to South Fork Buffalo Creek (Class C NISW waters of the State in the Cape Fear River Basin). The -unperrnitted discharge of animal waste from the sprayfield and into waters of the State is a violation of your Certified Animal Waste Management Plan (CAWMP), deemed permit, NCGS 143.21-5.10C, and NCGS 143.215.10E. The xvaste irriQanon equipment did not appear to be worhing properly on the date of our investigation. Per Mr. Ford. the chair, or, the reel had slipped. causing the hose and gun to not be retracted properly. Th- waste application equipmen: needs to be repaired or replaced immediately in order to preveni an unperrnitted discharge in tht• future. Failure to ensure• that th,. irrigation equipment is over ated properii- is a violation of tlae deemec permit and CAV'W- , f Dwision of Water GuaS,vrb'Jater QUH!TtV Sectio^ �;85 \Naucntown Scree. NC 271,07 :3J6)'7..460j ,.us -; Service Sr_-D o_. -774i � 96 �Q ram/ ir- NC A&T State University April 25, 2003 Page 2 3. Dissolved oxygen (DO) readings were also taken of the discharge stream as well as upstream and downstream of the discharge. The discharge DO was measured to be 3.32 mg[L (32.3% saturation) while the upstream and downstream DOs were measured to be 8-45 mglL (87.8 % saturation) and 4.74 mg/L (49.5% saturation), respectively. Water Quality Standards for Freshwater Classifications state that the DO for this surface water should be no less than 5.0 ma/L. You are, therefore, in violation of the NC Water Quality Standard for dissolved oxygen. Conductivity (a numerical expression of the ability of an aqueous solution to carry an electrical- -current) was also .measured and recorded on site. The conductivity at the discharge area was 990 pS/cm, while the upstream and downstream conductivity was 100 p S/cm and 830 p S/cm, respectively. 4. DWQ staff also noted that Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in .this field for research purposes. This field was also denuded dueto heavy animal traffic. The CAWW states that there -:is to be adequate land on which to .properly apply animal waste. Considering the recent pattern of chronic rainfall, it is.strongly recommended that the swine be removed from Field 03 and a crop established so that this field is available to receive animal waste as soon as possible. 5. The waste level in the second stage lagoon (#2) was observed to be 6 inches above the maximum liquid mark and 12 inches from overflowing. The waste level in lagoon #3 -- - (waste=storage pond)-was=-even--with_the--maximumliquid_mark;_Failure_to maintain the :: —_ waste ie_v_el_ below hrnaximum-liquid-mark is -�a violation--of-xhe_CAWMP deemed - perm�t�.aitd NCGS 143.215.10E. - - - - 6. The dam for lagoon n2 was observed to be damaged and in need of repair due to vehicle and/or machinery traffic during wet conditions. Failure to establish a _protective cover on lagoon embankment is.a violation of the CAWW and deemed permit. The Winston-Salem Regional Office is considering recommending an enforcement action against you for the above referenced violations. If you have justification that these violations are caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement package. In the absence of any justification., the Regional Office will recommend that an enforcement action be taken against your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. NC A&T State Universitv April 26, 2003 Page 3 Please address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at Q36) 771- 4600. Sincerely, '/—A Steve M uney Acting Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement unit Guilford County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO Jerry Dorsett — DSWC V4'SRO WSRO Facility Fifes Central Files w Complete items 1, 2, and 3. Also complete A. Sig ature item 4 if Restricted Delivery is desired. ., ❑ Agent ■ Print your name and address on the reverse X irk ❑ Addressee so that we can return the card to you. g, eived jy (Prrnie me) C- Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. -g "J 1. Articie'Addressed to: D. is delivery address different from 1? ❑ Yes IF YES, enter delivery address below: ❑ No Dr Ray McKinnie 't Admin & Assoc Dean for Extension NC A&T State U - Dpt Animal Sciencf P O Box 21928 Greensboro NC 27420-1928 3. Service Type —;e!�Certlfied Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.Q.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 7001 2SIO 0001 4778 5697 11�1 6V PS Form 3811, August 2001 Domestic Return Receipt 102595-02-re-0835 c N{ A j E Michael F. Easley, Govemor �O R William G. Ross Jr., Secretary `v OG North Carolina Department of Environment and Natural Resources Cn q Alan W. Klimek. P.E. Director ' Division of Water Quality April 25. 200; CERTIFIED MAIL 700I 75I0 0001 4778 5697 RETURN RECEIPT REQUESTED Dr. Ray Mc Kinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science PO Box 21928 Greensboro, NC 27420-1928 SUBJECT: Notice of Violation/Notice of Intent to Enforce Complaint Investigation NC AST State University - Porcine_ Research Laboratory _ Facility° #064%_ L� Guilford Counn, Dear Dr. McKinnie: This letter is to summarize the violations observed during a complaint investigation performed at NC A&T State University's porcine facility on March 28, 2003. Melissa Rosebrock and Sue White, with the State's Division of Water Quality (DWQ) Winston-Salem Regional Office ()AISRO) conducted the investigation. Mr. Donald Ford (operator), Dr. Charles Kadzere (animal science department chair). and Mr. Richard Phillips (technical specialist) were also present. The March 28, 2003 visit was a result of a complaint received -by our office from Mr- Jay F. Hackett, alleging that his cattle had become ill and died as a result of "hog waste from the lagoon that had run-off." He also stated that waste was currently being applied and that "waste runs off into the creek every time they spray." On the date of the investigation. Staff observed and recorded the folio%vina violations and concerns: 1. At the time of the complaint investigation DWQ staff observed that animal waste was being applied to Field nl (irrigation pull Jt--.2). Although the wheat field was well vegetated, a discharge of animal waste was observed running off the spray field and into .a wooded area. DWQ staff followed the discharge downhill and into an unnamed tributary (UT) to South Fork Buffalo Creek (Class C NSW waters of the State in the CaDe Fear River Basin). The unpermitted -discharge of animal waste from the sDra-vfield and into waters of the State is a violation of your Certified Animal Waste Management Plan (CAVG'MP), deemed permit. NCGS 143?15.10C, and NCGS 143?1-5.10E. L The waste irrigation equipment did not appear to be working pronerlon the date of our investigation. Per Mr. Ford. the chain on the reel had siipped. causing the hose and nun to not be retracted properly. The waste application equipment reeds to be repaired or replaced immediately in order to prevent an unpermitted discharge in the future. Failure to ensure that the irrigation equipment is over ated properly- is a violaiion o ' the deemed permit and CAWMI.'_ X.: _ Division of Water GuallivNJaier Quality Semion 5a,,- Vvauonumn Stree: v:'insmn-Sate~.. NZ 271,G i.»oj 77 •4bC:: —' Ljs:cme. Service ac-0 62-..-7748 NC A&T State University April 25, 2003 Page 2 3. Dissolved oxygen (DO) readings were also taken of the discharge stream as well as upstream and downstream of the discharge. The discharge DO was measured to be 3.32 mg/L (32.3% saturation) while the upstream and downstream DOs were measured to be 8.45 mg/L (87.8 % saturation) and 4.74 malL (49.5% saturation), respectively. Water Quality Standards for Freshwater Classifications state that the DO for this surface water should be no less than 5.0 mg/L. You are, therefore, in violation of the NC Water Quality Standard for dissolved oxygen. Conductivity (a numerical expression of the ability of an aqueous solution to carry an electrical current) was also .measured and recorded on site. The conductivity at the - discharge area was 990 µS/cm; while the upstream and downstream conductivity was 100 pS/cm and 830 pS/cm, respectively. 4. DWQ staff also noted that Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in this field for research purposes. This field was also denuded - due -to-heavy animal traffic. The CAW1vMP.states that -there -is to be adequate land on which to properly apply animal waste. Considering the recent pattern of chronic rainfall, it is strongly recommended that the swine be removed from Field 1#3 and a crop established so that this field is available to receive animal waste as soon as possible. 5. The waste level in the second stage lagoon (#2) was observed to be 6 inches .above the maximum liquid mark and 12 inches from overflowing. The waste level in lagoon #3 (waste storage pond) was even with the maximum.hquid mark. Failure to.maintain.the waste level-lael_ovn_#he=�aidntium_liquiid-=mark_is`a=violatior►_of-the-GAW 0,--deemed. ,permut,:an�TICGS 143 215.10E. - - - 6. The dam for lagoon #2 was observed to be damaged and in need of repair due to vehicle and/or machinery traffic during wet conditions. Failure to establish a protective cover on the lagoon embankment is a violation of the CAWMP and deemed permit. The Winston-Salem Regional Office is considering recomrnending an enforcement action against you for the above referenced violations. If you have justification that these violations are caused by circumstances beyond your control, or you have an explanation that you wish to present. please respond in writing within ten (10) days following receipt of this notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the4enforcemen€ package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken against your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. NC A&T State University Apnl 25 2003 Pane 3 Please address your response to my attention at the address shown on the letterhead. if you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771- 4600. Sincerely, Steve M uney Acting Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Guilford County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO .Jerry Dorsett —DSWC WSR0 WSRO Facility Files Central Files • Complete items 1, 2, and 3. Also complete item a if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Dr Ray McKinnie Admin & Assoc Dean for Extension NC A&T State U - Dpt Animal Science P O Box 21928 Greensboro NC 27420-1929 A. Signature ❑ Agent X I ❑ Addressee SUeived (P'nt me) C. Date of Delivery D. Is delivery address different from it m! 1 ? ❑ Yes If YES, enter delivery address below: ❑ No Certified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7001 2S10 0001 4778 5697 V PS Form 3811, August 2001 Domestic Return Receipt 102595-02•M-0835 4D Division of Water Quality O Division of Soil. and Water Conservation O,Other Agency = Type of Visit S Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine © Complaint,s�:O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 41 12 Date of Visit: 03/28l2003 lime: ta3i] O Not Operational O Below Threshold ❑ Permitted ® Certified ❑ Conditionally Certified ❑ Registered Date Last Operated or Above Threshold: Farn, Name: .......................................... Count.: GuillfQzd...................................... K'SRQ......... Owner Name: ................................................... NC.A&-1.S1A1tJU.WY9j.�i1X......... I...... Phone No: 334-1.Ct421... ................................................................. Mailing Address: UPI].itslitt�>x[--Q>f.At�i17 aA.Ski. ���....................................... Facility Contact:x.l?�rir�rui�..or..3Qnalors ............Title:....... _ Onsite Representative:..1�,at3��x,.l? Pkli�liRS�1?,..�Qxd............. Certified Operator:Danald.A ........................... Fo1Cd....................................... Location of Farm: Gr. .................................................. U..411... ...........I ........................ Phone No:.............................. Integrator. Operator Certification Number:..44R............................. From WSRO: 140 east to E. Lee St. exit. Left at top of ramp. Right onto Cedar Park Rd. Left onto Bridgepoint Rd. Left into McConnell Rd. Right onto Old McConnell Loop Rd. Right onto J'FH Dairy Rd. Farm on right. T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 3G 04 00 Longitude 79 43 36 Design Current Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ® Farrow to Feeder 250 ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity PopulationCattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity 250 Total SSLW 130,500 Number of Lagoons 3 ❑ Subsurface Drains Present ❑ Lagoon Area JE1 Spray Field Area Holding Ponds / Solid Traps 0 ❑ No Liquid Waste Management System Discharges do Stream Impacts 1. Is any discharge observed from any part of the operation? ®yes ❑ No Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. if discharge is observed, what is the estimated floe- in nal/min? d. Does discharge bypass a lagoon system? (If yes. notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No «'ante Collection S 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 Stnicture 6 Identifier: ................ LawerstaQ .last-. and............................ '� Freeboard (inches): 12 24 05103101 —� Fl Continued Facility Number: 41-12 Date of inspection 03/28/2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ®No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El 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 maintenancelimprovement? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No 9. Do any stuctures lack adequate, gauged maskers with required maximum and minimum liquid level elevation markings? ❑ Yes ®No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ® Hydraulic Overload ® Yes ❑ No 12. Crop type Small Grain (Wheat, Barley, oats, clover 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need "a wettable acre deternnation? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a .lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily. available? 18. Does the facilityfail to have.all components of the•Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis &. soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21:-Did the facility fail to=have-a actively c& fdd-.-operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No —❑-Yes—® No --- 0 Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question'#): Explain; any`YESranswers and/or, any- recommendations or anyyother, comments. Use drawings of-facility,.to:better•explain.situations.•.{ use :additional pages.as necessary): ❑Field Copy ®Final Notes 1. & 11. WSRO staff (M. Rosebrock and S. White) observed run-off of animal waste flowing off field # 1 and flowing into a UT to S. + Fork Buffalo Creek due to hydraulic overload on the field. The following parameters were determined on site: DO, conductivity, temp., H. Samples were also obtained for analysis for fecal cohform, total supended solids and nutrients. Parameters and samples were taken at the discharge and upstream and downstream of the discharge. Onsite discharge DO=3.32 mg/L and the downstream DO=4.74 mg/L. 3. & 8. Getting wash of sediment and waste from pens in the woods during rain events. Suggest moving swine out to establish vegetation in this area. Operator notified WSRO on 4124103 that swine had been removed from this area and sold. r' . Waste level in the #2 lagoon was 6" above the max. liquid mark and 12" from overflowing.. The waste level in 0was even with the max. liquid mark. + Reviewer/Inspector Name Melis a Rosebrock Reviewer/Inspector Signature: II ,I Date:—21 , Z() n cin Tin 7 ..1lity lumber: 41—I2 Date of Inspection 03/28/2003 Odor Issues 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes N No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes N No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes N No 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.) ❑ Yes N No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes N No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No omments 7. Dam on lagoon R2 needs to be repaired and re -seeded. Is.damaged due to heavy traffic on dam during wet conditions. 15. Field #3 is denuded and is not available for waste application due to the current pasturing of swine on this field for research purposes, Swine need to be moved and a crop established as soon as possible. Due to chronic rainfall in this region, this field is especially needed for waste application since it is higher and further from the creek than other fields. Operator called 4124103 to av that f eld #3 had now been planted with oats and clover. Swine have been removed from thisfield and sold. 16. Waste irrigation equipment is available but is not working properly. Chain had slipped off the reel causing the gun to not be retracted properly. Operator notified WSRO on 4124103 that the chain and reel had been repaired. 17. and 22. Facility has not been permitted yet. 24. Facility is to receive their annual operational review by the DSWC soon. Operation will be re -checked at that time. Rocki, Durham with the DSWC-MRO conducted an operational review in April 2003. his investigation was the result of a complaint call to DWO alleging that run off of animal waste from the Operation made a eighbor's cattle so sick that thev died. Caller stated that the facility was currently spraying and that the waste was getting into :e creek. ions left blank are not applicable to this facility at this time. J 05103101 Division of Water Quality O Division of Soil and Water Conservation O Other Agency Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine ? OO Complaint a� O Follow up Q Emergency Notification O Other ❑ Denied Access Date of Visit: 03/28/2003 Time: 1430 j Facility Number 41 12 I O Not Operational O Below Threshold E3 Permitted ® Certified [3 Conditionally Certified [] Registered Date Last Operated or Above Threshold:........... Farm Name: NG. A �► �.�.R7CC�>at.�St �1�.X �thR7CXSlJC3 ......................................... County: G.41�I�R1Cd............................................ Y'.S1tQ........ OwnerName: ................................................... NC.A&T..51att..U.njyer .....----........ Phone No: .4-7Ca?,.............................. ...................................... Mailing Address: AgRar.Itna�nit..Q.AriinaaA.S�ietac�.................................................... GXuja5b.QrQ....N.0 .................................................. 2.7.41.1.............. FacilityContact: ............ Title:............................................................ Phone No:................................................... Onsite Representative: C,.KAdzcrg.,.D.,.F1xillips,D,..Ford................. Integrator: Certified Operator: Douald..4,,............................. Ford ................................................... -Operator Certification Number:2.4403............................. Location of Farm: From WSRO: I-40 east to E. Lee St. exit. Left at top of ramp. Right onto Cedar Park Rd. Left onto Bridgepoint Rd. Left onto McConnell Rd. Right onto Old McConnell Loop Rd. Right onto JFH Dairy Rd. Farm on right. Y ® Swine ❑ Poultry ❑ Cattle ❑ horse Latitude 36 • 04 OD Longitude 79 • 43 36i. Design Current Swine C'anaeim, Poni latinn ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ® Farrow to Feeder 250 ❑-Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity PopulationCattle Capacity Population ❑ Layer I - I F❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other — Total'Design`Capacity- . .250=_ Total SSLW 130,500 Number of Lagoons 3 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps 0 ❑ No Liquid Waste Management System DischarL,es & Stream Impacts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Dischanze originated at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed. was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed. did it reach Water of the State'? (If yes, notify DWQ) El Yes ❑ No c. If dischame is observed, what is the estimated flow in eal/min? d. Does discharge bypass a lagoon system? (If yes. 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 'Waste Collection S Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No Structure l Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ... .....LQ�rez.sta6 .Wasm.prtrtd............... , Freeboard (inches): 12 24 05/03/0I �r� o Continued Facility Number: 41-12 Date of inspection 03/28/2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on-sitewhich 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 S. Does any part of the waste management system other than waste structures require maintenance/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 maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ® Hydraulic Overload ® Yes ❑ No 12. Crop type Small Grain (Wheat, Barley, oats, clover 13- Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAVRMP)? ❑ Yes ® No 14-- a) Does the facility lack adequate acreage for land application? ❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facility is pended for a wettable acre determination? ❑ Yes 0 No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste. application equipment? r i Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? I & Does -the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists,,design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis ci soil sample reports) i _20,— 'Is-facilitynot in compliance with -any -applicable. -setback criteria in effect at the time of design? i-- - - - - 21. Did the facility fail to have a.actively certified operator in charge?- 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? ® Yes [:]No ® Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes []No ,❑ Yes ® No - —.❑ Yes-- O-No — ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. f Comments (refer to question #): Explain any YES -answers and/or. -any recommendations.or any, other. comments. Use drawings of facility to better:explain.situations.,(use;additional pages as necessary): ❑Field Copy ®Finale Notes 1. & 11. 'AISRO staff (M. Rosebrock and S. White) observed run-off of animal waste flowing off field #1 and flowing into a UT to S. Fork Buffalo Creek due to hydraulic overload on the field. The following parameters were determined on site: DO, conductivity, temp.. pH. Samples were also obtained for analysis for fecal coliform, total supended solids and nutrients. Parameters and samples were taken t at the dischar-e and upstream and downstream of the discharge. Onsite discharge DO=3-32 mg/L and the downstream DO=4.74 mg/L. 3. & S. Gettincy wash of sediment and waste from pens in the woods during rain events. Suggest moving swine out to establish vegetatio ' in this area. Operator notified {f"SRO on 4124103 that swine had been removed from this area and sold. 4. Waste level in the'V_') lagoon was 6" above the max. liquid mark and 12" from overflowing. The waste level in #3 was even with the max. liquid mark. Reviewer/Inspector Name M Reviewer/Inspector Signature 05103101 Date: Continued _.:;i►y Number: 74 —12 Date of Inspection 03/28/2003 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No 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.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent1temporary cover? ❑ Yes ❑ No Additional Comments and/or Drawings: 7. Dam on lagoon n2 needs to be repaired and re -seeded. Is damaged due to heavy traffic on dam during wet conditions. 15. Field m3 is denuded and is not available for waste application due to the current pasturing of swine on this field for research purposes. Swine need to be moved and a crop established as soon as possible. Due to chronic rainfall in this region, this field is especially needed for waste application since it is higher and further from the creek than other fields. Operator called 4124103 to av that field #3 had now been planted with oats and clover. Swine have been removed from this f eld and sold. 16. Waste irrigation equipment is available but is not working properly. Chain had slipped off the reel causing the gun to not be retracted properly. Operator notified WSRO on 4124103 that the chain and reel had been repaired. 17. and 22. Facility has not been permitted yet. 24. Facility is to receive their annual operational review by the DSWC soon. Operation will be re -checked at that time. Rocky Durham with the DSWC-MRO conducted an operational review in April 2003. This investigation was the result of a complaint call to DWO alleging that run off of animal waste from the operation made a neighbor's cattle so sick that thev died. Caller stated that the facility, was currently spraying and that the waste was getting into the creek. Questions left blank are not applicable to this facility -at this time. 0.5103101 " ml WIM 14 v - 0 07 ti It od �1� i0y`^' (' rrl r• 'r"k r, 'i r+i a✓ 5 s„•+., `rif'`a,. Jst `^•la.. ;)✓ t"..:'-:�i',.J+�.n -,7 �,: S, •' �A �.}''ter 1��J� i��ii ,�r`+ �x.,l�� i%� ��, �� M, 1,i\.4 _ �.• �.o '!-� 4d - J'Lsf� \ Y'- ji .'i.:_ •�• s;' :1'`1 CYfI si'•4 iyl� i�h/�. RyiS"[ r 1 " t �� �� � ��•� �I , J i � ..LL � e.Yl �. "EK ��� .� p l i/ �' tt�.\ 7 q +. � � � . [cam. � ><!}'s /,4• 1 4 J r€�' •� 5w , ;i1}s�� rF.. s ,�,>. 1 ,.tsy '�j•. � ;,+.R.:,,,,ray , �a;\11 y csk ��r f :;i , P i�lt�. . J . r}� S r�' � h.; 7 •r�r � Jf iLwt'1 y� b �}sk i aL 'r i � �, r; }J+ {�t. '{+t.A ` j-ft,Lt= �� < ></k'�,�t °i ,s 3!`a�-.'�i�l'Jt.T � a �A�.,�•:�s��. ��1r s�� 4 �t''y;."Y '�'`� ��r i_ � ,J •' � y' � ° r,�r. ra R?' 1 r! 1. � `` •'I �1 J ■ �j �. q k'! r �y..,tf.y.�{Wrt F� T` ��i4 r- ['r Y r ! �-L - +A,r,J: -P� {rr'�� 1., r ,�4d� ri k.fAysw r y+� 7 x�1� ��., tJ + i•;s 1 t sl �-5Y i 2�'5� _tr�'r .v. I;r:f. lj„i,y �Yx r�r!ii 7iA�'4er+ r''y,s`1 •, r, , y f� � "�s 'Y�r! .� �� � ,ar';l ,"P y"i' �.✓'J". y:l�.: { l,m :lai. +° i',.? h'- rr ., �, „r5. .. e�' •,r !� ji k� fy� "M�.:,{tYy, . s �., : } .'•1 . r ;iTt.,r + rr I. r•;s.s'.•O j:.:.•y Rnl, ^•s 4 f >,Y ;?''�y '', n .r1Z i ]7 s,,,t 4., _-,� ,, d� y. s", nl s f� ,�.� � 4 ? +r r 11 '.a` ".S^r�F st ri:; i �� S ��F"• � • i a...r ti.0 d. t•`•ti\ r' '<,4:fh t�e'�y `-r�3.n yt �t: rp �, i,t e}'t,t'r S � �,t ��y'•i.,. � � s, a�i- r f� ��- x 5 F*p Y'� ,*. "� 5Y�- _' tj ,ir�Y' n �s i Ili •:Fkksr. f-;vJi�"; �`•�'.pr.s� r'R J15,.h'S:�" + r Stl }�! ea,,1, '{�.lrp 1 '�.1,, 'e• , �, .r-�•:,.� r:, �ia c�"a� , `" J Jt�i "N T .r h;i•ill .� °! .Si-i F,'--� �'�, r-!R' i "�J , t:,�y{, i% •'�,,, x �i! i ' �'rti j'.'. �J• t f ! y_. } T e , e R .sa � A,�k,.,h'u- ,.r f.'4. . r � ..'!• ',i ",ti-�.';. +.,�'fy�i J,�:•'�bX{��!fis.,' � 'ii 4r �+rl.;i!?�• ✓', 1's,t�Y:�, ?^r.. .�,• {':,4. ,1'arF1 y.•4 � 'i Y', 'rli',r'1 iN4i - 4 �� rM'Fr .{.f., ;tF.�„ 1! r� t-? ��'.. J s+>;r r ..Yx a - �1�d r r,I !r: : i s _{ , y.,`J.-r y 1 1�) ;7. � '+•ra• 1' r .til+�l} �F a ��# '; �'rl�i S�: i I'fiY'1 r �'�: `.,SfiAV1'�+ti��I •";� ,.tt' 1 ,� r r�'f,��� t �`�� '! �. e w"r��:r:7>}ri,��y, :r��.3''�` � i � ,,tj�;:.,•-,t,• ' kE/{ t #y .�i•TM� �16W � �k :. (S T!;• "t� f rl t i { r�' ,,yt • 1 .tfr5 r.,' •; R"Ty � s r�.. t,'?( 4 � .'t: :, N,�, •1. ,e. a4�t" _''a• .... f �i '�'t'i� �! vR„�r � + � -11�r c+ .,� r� �y.l s t'�, t �,. p • s �� , ,' • �F%' ' rL ;'t f '� '1 7 .i+,•• 5a r +•�i•'- 't' �!r�' y t� i J ii a5 i r a :� S3 }` F t, 4 } �,� a.- �, .� E.'-0 i`f,r •'r.:l, r''3i� j`*': !r'� 'a`F_ -1 P 'n 4•�i"� +iar•. � ��74 �' r i i i'. ii ,1i;: li a r� � / ti �r- .i .{ 4' ,� � a � }.s {iv -1 r�•s 4Ak j 1 1 � ` 4 1/ a• � `'S sk Z��J 6i 's� .. 55.0 �� fi ! (r r f ::1 f r� }! q t" � :' i. S � � . 'z�i : i, f• r „• SsJ.'S a tk. kr , fi. -1w 1 i r, ,. . s A r 1, .l 5ti<r �� 'fi'yif.., +.. sri; •.i -,�i-,-i��l�rJa 5 1.� � G • �� le '' M M' ,i.� f, f s„.:tr y'�tlY r+F!, •. .fir . S.FI t '' � . : �e ! a ,:✓ r u ,�'.�a,:.. � ice' '. ,:: 1.� * ,rali'! rnr , J ��.r R LLrr�Ct �t i rr".. �, �L,,r ,•4�i I r .s„sa,.• t 'i'ti'f{sr1113'rrl 2;.,` f4.!' #.-c f�S� }'F' '� .'1'' s, p¢ 1 4��J•r,�•JI �'� �!W J,<%. 'r R, _?i 'ry '1� + S�, 1;,•', •1'aw rat , r'S'':•,: IN .1 a �7 .r �j- :.' f Y oE-' 1 .•i.'r�fi.{yP; n t I' f � x� ;, A tads''3 4Y.'7 ��- � P 'wtiSr; �k >!. .r ♦ r y1,-. � . 3• .a ,� ..-r 4'�}.. � `�r,r 1 - ,�+Y � -Kr• ��.o-: �' .,7t;". SY ,�. r. L� v r[• ,'�' k ":�'. �t� 5i i �"J Y ti 15;-? �'-ti--S;L� , �` ^s - a -a. i {. _ �'i - 7 'r✓• � ,. tic.vj. °T..rt:�-' w �'+,. �l�'it�''":r5'r;-' . c '% ;i"•rjg is � { ' I. r `i d � 4„ sr,• 4 `°ri' 4�, .ar ,n,,, 1 F:r• { .rv..,t _ Y r s " J LY U° t .1Tiry y •ili ..;iF 4;Y ,f+.'rr: 1 iro s:F� I k.✓- q�}"' 4t+�, S f ,,s,,, i, 't. -d ♦- ,y .., r',.� r "°�rpc Re n..:. ,r L� x't' 1 3''r, •?�. a`:,J : , vK�. i r . Y4 yqs', 11a y r. x x' e t tirh' t rid L eLY.. �y 9E 1 i7 �,,,,, j�am' 'r • - r 1 J i i Y �q '�.r �5+"7 'lr '�� at rt:r L tiyli r +mod 1.�f ,, a_4...1',•1��[[ L'} 4Y�rl.• . Y 1 1:• y i.;�� sar:L!r.Y.r \.�[j �y�s,��f'c •i j'` •�',� s' '' + t•'; ttSr; y�S�dr='"�. vw A�•:�, � '•• •� s^ ?��S [`=•�-b E, f.-,� ! V�r r y-lyi� 'J, ir• :'ll .rr. rr, 't-• 'J•�.{ �fLa•`i 4r �, 'J.. ': •3.i rA rw .?r Li:f: '•xr r.�'s.yf!'JJ,l,.: s y fry!f !1'S'd 1' 1:,t1� r :y +. t rr T- 4 s. + r t� q• �' �"1' d l}, ty ,c,'h �a' +f, �,.'.f �,jpgpg•,, .il ''�!4 {� i �I,y t ` r y "L_ 1,.,• r 4 a:,,+:..... `Jy r,>a.'�;t: ., 5r .r + 9r" .Lr�+r•4r t.•�-r.� CF,S��',}'y.r, F,r )(sa •.iS / '{ r,.�, ',.2' fi. n 4• •Y�„'.,' t i:.1',',:}, a "�.. P /� r 4 ,,'•11,..t1? -f'1.} r J�lx ST',a f it 4's 5,�Si••-�,rl..: .�,�4' Mui"�}.�,�,i �;p'�3,pr�sF� Sri4:y..`� �� iJ 1�:�. .• � �.,+�„ r ,• ,� t yr ': i T r «dr Y,.. #�- r M�, •i 1 e. .n rs t .I.� Y S?e f �. n :� < t �.�,y -.�' I..,. ) f 5 •/n•i ,.J'^ �_ ti r � r iw i•.r. t4 47r R ss:,5 L [ `'✓, ;� �. �y '\ � � , /.'i .!rsSl. r t �7 .3t ii .r'� :_ , r x ➢,{. .5.�'a •A� . -'M +...� ••c.v�i Jia. .r`. t.. .l r�,.r..R ,:+d• s?4�•,>ri �rrfuf �41 {S, _: i 7 + ttts '�{r li'•r, S 4 � t,. y� / �r `•fr ��.' i,��'�- . �' `'�.l �'•' �''�iL�'r�� "��'�st�,� .-^,J ,�r.rr- .t�r�' .;,,,`'''� :ir ti .{,i='-{s t"�rf �i� r'' ��'! ,&'i. {,•:, a.. =• r.,ra�'if 4 `a4v 3 to:lr L r S It! t Fr !I lyds J_ a a K .{.y •S, r; i:L}.14 ��;5 `:.� ::.{ [' >x,vs r 3 r �,, �. 1 R , p, s tf rN: e � ._±1 y � rlul.. "• `i, w'1�,. J �1 }t',' va. rtY�f IFj'a:a �;':r, a .: 4'�.4 .. • �t. y ji .� � •i. �' S ' i 4 " r ��, l:U; l 1 � '�.• F i i • C1. yy�x,x �'[' : � -� �,e,.� it L +.e. �� l!i� f 'ii.. r• „'rsy�.� �: f �b 5y ,1•t. t(t �l, + t ;:.f`,,,� r.r ,lt ,i;a.. - ��; I. i 1R!,' : �X.. .�p•�•;� •„h"4 �tr, i.l tv�;'„�f.M1� ,4 .`41 tr.�� .ii'1`fi4 s., ��75-I 1'. i�Ef .f• ' p.s '1 "r}i1�H 4tl+;,r 714 Sri r !',"'.ie•`�,•e'v, .�'Fa�,,�p/��sf }r.�4:r; !1 =,... M''fT'' .lri , j ��rY. ��. r.a r .r t I •,•1r �r ;ais �'• i \ k s+ a4,{ � ,sr' sf;' ♦ .•`.,'' i" ��i"�" pi4pr ,�. �f +� 4 r � r �t•dr.��*.fir. �r lt', �k:• ~'ba`'.�:`[:;�i"•,i t� F s• i5 a;'/�'. i9 ; 3'�«� tY `�;`.y f.+'J rr{i ]t.'.r ,`+�1 a '6t �,�.�Va trEr. �r S.'i �l�sti3"l �.P.rpw. �.-i.�y��`Fw, rs;'i:k.��;i+k �� i'fi: �., ,yr � , �y; r �.J..1\� �1, ,1E. �� .•�4',: yy �• Y, r,..„ ri- 5,�+ V• ,+r A(, ,6 4:I�..ti,�r.• .1 ,i�±"� �T3 r.-. 1_,,. r_r, rJ� y, e.4 1 ;r3- t S, 11 a. 11 n rir� ;,1 .w x ;- e• ! -*s.�; �'�•' yr' S' c .. �t 7t•'L;ss.•.,•f �aLtr."e.k A't d'�.:. �. e`'1,i 4 �,..f .. r, r, .�: et s, `.�,� .s �' 4-�[.< �•'; y�P 2 'i LiS, •,i .-.+ nsJ f.w �.� >.: rT .a•r.Ir 6.' =•�• .i,' �• ^� 4.r,S :+.� t ry. i .. r i k„ ��r a �, s s.,;y,.'1M r q. .^T,`�r, �. x 'r G �'' •r '.� ,rew �' � e: 1: �,� r r'f r j,rt,r }'._,. !•�' J . iv •r :'".. Sr. i e.'� + r7 A- 'i �s..�•is r.iS, F4� �,w -i t"r •IV yF j � 1 �',Al" 1r tl + R+�� c}1`, R d,-. r3 .a 1 _,•'< -�! � r'.r, '. ,�- i.fL„ �4' i •,F; "l�F �: �F-". r••+�,;;,�:}'i't;"rrt .v; 4t � hi'. 31•l �'L,i.ti� r,r-. i�� r�." .y.''�4•r'�r �„i+A.-•'j.•e. N .Y I, ��,r...�.r�rsi ,r� r• .fdr��' �lr .Y s I.,��S:T�'�= .{`= _t ;ti '[ ,4-, S;. lsSt ��' •"Js J1 t ,.T�,,,,� .�.. 1.�w S,^ '1 Y.,'..r !`•'• �T �tr. •';. .a ,�I:'?r +.4r :1; ' :�,:�'� �-1�'a, ^,',' x, •i', .�?`;,, l;` ,. � .1, r� f�l 4 r S+ �, L,;Y;:t ,g'fs s j, �� s,'1.,1 - f f' ,iL "` d _ , t, t . t . i�rt, it 4 e /1'.ti -�s ,,s f r,�:\ r f ;a +..-k ..i v 1 +,'�.6 r .'`'! 1�"•`�Pi •'. J'a "r*A,r,.i `.;-%� •�.'I..�t• 37 ' s,,_Jr -i�r�. i..i,- .L r fr+f.s d.. s,us. r •� }, l r'!!'''��Y•t"i r it r,4� ,3 t5 n�.4"t, , 1�•',i R5'}• � +., .� ��;�.e. 11: ''.t.� ,.C�'., ,. 4�� v� %r.�ifs,li ti �.?n r r, a Ea ♦f Y �;�'w k �. e{ 4 tY"�J. ,(�.'i*.�,� .f, - s .•� 1 n�4-w .l y,.•1i:.•r:, rti 7 ��.r r 'f:?i, �' ,•, r Y ync,._,ii �9 �� �.fl•r#+'rY ��, ,, ��f M,j YAr , � • •..j;� ;L, rJ :l t ! i =1u;( ?s�ryy al,l.rR �. i'� " i' s � ' is', r i.� , ! v , . 1'r , I r . � y y.;,;,'. ��'N ! r, e� r. Wd = �r� y� a ,r { rr e� J,-, ,r.«.� •',. ��:.5 5 .5 1.5.fi i �},a�,,r �•yJt i s tgp 4 y�, _t .,.1,, -q �i � � z , s.. ."�3,.' .'' '°� ''- r �:1. •r: r:i;' ,t• �.��i � }.�'a ;e. , s�ry�j L �":ry .�' t..�. �i7�• r�x k -a�` ,/•• �•�r'•,rir T '.t <i.• r r::,, ='r.�;i+ h � S�. L�'a,:'l. . i �N IiL:li_fiYl:' � r� , i ,r ,r 'ate ,:i.� s �� �,•�s� sr -. ° y'f ter. s ,, ,•F:�. s '.:ti.iw f1}y',ri!Y "T e' a !!.�'" 14-'{tr. 1y_ »(-: »� :"5:�<� I, r'r.:`a ,.1„ � ,]. fi r .ri.r•••.-•.. * .•SG +�•,"�h r'r-.d'rl.-.,•. •" "f �' -�:; ��• ' F.:t '>•1'''l t4 � z ��C � •;STi-'.� 5 ' t• 4�:.,, ' �'f . Via! s'"" r!• ��-1^• ' :I' 4;>. • x f ;7,i,,6 I`•I,M"� ' t,- s . >~ �t: K � f ":: �' �, , p r 'k:' �s �;•>"i• ,1: r?•rl.r•,<[�',� '41. �x.y,.i fir• :, .f i�;;j.. tt, �r:' �x 1'3� C �t r ,aza. .ti,�t�lr„'�,'a�'MS �y�1' rJ 1.[,e"r:a 1.1..'ti*'. f; LKJ' r xilr t ,jr •+�J} x�r r rrr . f,'i r, , ,s. °' 1 ' pd ;;, r w �.. ✓, u r iy 4J � 1 ,e. F � Y},: - IL Jry, itl r'. �1 ••+i � .,� � 1-r ` , 3 ..�+' Sr , i�iq+�asa;• # _i �'1 �"ti•,. '`�r, '" -'' �. `',{,`�•,�, +�� r�.!,{• �y�k� rr :! �J �•. w 1.:1 a' ,`, +} yi�+,1, , njl r -r A �'�e .Ip.e W�.{tS + � 1 « , •5a � a5r i,.S( � 4vra� ,ass, { �• J r.,� �; 'W F+ X �, , r6y. y, � +. { X � L "'t u[c�,1,t{ r:•.15 � �,,�,`�'■t ' f e� , '+ a , V ,.,�'��1 i L 'i 4 � e{l'S`,�fi+r�r• �s t r�•7 r rs�r k '�r�r�t A7,` �A a,,} rywU y =•+F c'y 1•+ . s`r, [ u .• , J.a`!ts`0�'!Y bit r k i S r a t ,✓ f yrx �1 t r M s; �,.,rt V •.i` l ,r C 5 , wFfr 5,19 t' + w K x Y+�'" g � 9 � fJty.' 1 s - !� ' '•�Y1 �,n tY �f � Y }. a , M � r l . N� L'� 'Lr}-hh "� AM •a` t :i. rFtr-.�eY!'L + i t , s •' f } u l je�' a r(„ • + �i : .t la,�„'�,�Su 1 Y a,-s4�t� i } 1 ! +{ H i�+' �f �.,,•'LJ •r, d..' f '.'al �'n rt s s.. _ Y''•tt•r,Tr�ryet csl,\ } yy- rai,• 5.rr � '•�t ^+.it l�`� JY?,'] Ld lf� t r 'ram•• .it"!'' 47. 1J�+ s is 4 ;r �, ci' S�•17 I t �' i ,:err Y S y., C err. car. J!'r itCR �! t✓- Si ASM 2 1 i�t� E r.,st, , i ( r i �" . �' - r yY �� ✓''4' � +:'L � y1 r� r�'f" +tr ' {r j i yfi Set s �• `p tr 3w'll i( rri. wrY # sy •."1' l � r3��}�j' S1 •A� rrt l rr I��i'�,s,, "i! •,l� r . r ,,'re1�•.•LlLB ��f. r) r�f,4. !4 �'aia .t,ra` " r �sK.',,r' s yl'Vt4r0q�.4': � 't n i a � a" r , . ��u " ► � � si �'r� 4 # ,i 1�9; idl}}' [.sue �/f'�Sr^?''([' r. .Z} a •7 L '?-" 4r'iti �, u� �� e! `L is y r'4F r 4 �` ,q`'I+,i+(+kt �"f�r,•?d asS NW tit4,,.E,tyrtr 11 irr La i'.'� ;.y"fM. { '3 C r y -'r+, c y ,r V w� 1 }i q�i+J• s+ri,S,r'r. Y.rf Lt•>.tr ',b °b4' s.•I`'%`t�` 1✓ � � r.5 ` ` r r, f` S i a rs'V M L +�L 1, '` • f J p« I- }�, .tF' r, t 4 - • ,s y �r I ,.l L +.j♦ Al r i �f V FJ �+ � 1i 1�,{r` �'j- � WJM. a'i� rio- �,b +.: 11: } �y I�l t ty i •w� 1 -t ff Y ` y.� 4 :'�; •1 1 /��Ty fry fn �✓}� r 1 y.,\ it lr as ~ r e•`'►�t `^ . v �A f F '� ��f -, a ! � lts. Yy r?h�jr t' f f � � 1 ♦ fy...4 t14 f.E. ^� 'r jw x t ( ebt b' C ry f�. .s•'L. r r..3•,5;!• �'4`wi �, r 's. - 2ta A + ^i -M '4 rrr Q jai a , kk ra i ia,a. 'J.,+ 1 w rk s-n ♦ y5, ';t. - S �S Y S d0 •. r'n - ,r.a 1-� 5 iJ `t. fr k"' , ttr 'p+��{I:�YR:'�4T�rl i< Z' 9 r• .! i5' r /'. ' rrr4 L' > sl'• � ,{:'' s r +� j i�'t ��k �, {�i�a � ���.� r IJ i � r 1 jr� i+�r 'i J��.� � ro 1 •���jr,;rli,« !�� �'�"�,L";��' ��4 . L'4s�"1y�i q yrw flr �,. e r it l sf l a t �! sr+ Ay73fi�(Yi1 r .i 11 7 i �Tr � t � � � .�k•'1� yd � N r, '.Sxar� Y+ "tr+•�,� fps. r I a �,fti��-!'� yi_ '�t•!a r4�1'fY9"' rat r tr , r i l w S , . F <. j•'G i �f 'r� f ,'� ca: `+ ! ,LrC' f: 1 tr n 13-N. }�'r,, 114.'r,� E y�.l• i 1 rF ii \ r i ;4 1 1 uf.• r�-� 1i.r �� lJ 7Py'i% �[.t" r dt !ri ( '}{, �w .p u to • 7Je rt [,.{taJ rrJ �if14Rf'1. fS •rr>' if e l ti \,ai �t 9 J� •rn :E � rrr �Fi:( 4f �!r srl +iI1'!'i•5 `' i ,{ • 11 ! Y, � ,r1' s Y, .-, �91 i � "u� d' r k s�a+ a ir1 r i _' Y y r" 1• '?•+1?'i a i))5 ,, �•"�7'� d �'^ �1 "W.rKf S Ya ^'� f X? . r� a ' r 4 � 1 R - D. � 14;`a;"r ti 1'i q ly , .•at , Z'( Lt 1�, !:AS ,q.i: +•'� . ,�' j�' �:l,R � i7 y'�'P S�LC,•lrr If r11r;Y� i1 �si'1r �� � �lr•. 'tea t s AvI•,F�� r.��{,' •r ' .Yee i s •. a-, E �7' t�, r- J{ 1'r i a w ,�, lff.f t�,. ti, �Jrl� !%�, � �iri,`i"•C 1' I x" �� rf ,� :y�lri '� �r�j n�' 1 J�, 1 ���� ��y� k$` � . 'P {+ G � k� �F ., f. i!„4 n rs�yr 1. �ifJ �•�,.� 33r L Lr' , y a �. 1 i. ` S�f r' "�„ Q,11 r ! s,, S *�1[} 4�," i -i�ir5 •x'r],ri - ;11ar r f+Y['f. d, i.74•fr ,,a .r. ,jtk V , •'�,E•j , C :, itr Jf 4 � ( tji _.,//etiLr:. r s;, rti >. 1 1 Rlj �,,,i,a ��,3', .r,h ,1 ,i Aa j � r.✓'• r it94 !' `rfj.,7' rrr `I Y �-• `'r r�� �'�'� • F lY itS t b-'t ♦ ?.fw •(��,�4'��rt �,. 04 wolods DWQ Writer Quality Sampling Results Summary NC AM' State University Porcine Research Laboratory, #41-12 Guill'ord County March 28, 2003 Umtream of Discharge Biological Oxygen Demand = <6 nig/L NI-13 as N = 0.02mg/L. TKN as N = 0.50 mg/L, NO2 plus NO3 as N = 0.29 mg/1- P: Total as P = 0.04 Ong/L Fecal coliform = >60, 000 col/100 mL Dissolved oxygen = 8.45 mg/L Percent saturation = 87.8 PH = 6.7 Conductivity = 100 Water temperature (°C) = 17.2 Total suspender] solids = 8 mg/L Discharge: Biological Oxygen Demand = 84.3 mg/L NI-13 as N = 64 ing/L TKN as N = 74 mg/L NO2 plies NO3 as N = 0.55 mg/L P: Total as P = 40 mg/L Fecal coliform = >60,000 col/100 mL Dissolved oxygen = 3.32 mg/L* Percent saturation = 32.3 pH = 7.42 Conductivity = 990 Water temperature (°C) = 18.5 Total suspended solids = 86 mg/L Downstream of Discharge: Biological Oxygen Demand = 61.2 mg/L NI-13 as N = 44 mg/L TKN as N = 52 Ong/L. NO2 plus NO3 as N = 1.8 mg/L P: Total as P = 26 mg/1- Fecal coliform = >60,000 col/100 nil - Dissolved oxygen = 4.74 mg/L* Percent saturation = 49.5 PH = 7.38 Conductivity = 830 Water temperature (°C) = 17.3 Total suspended solids = 13 mg/L * Denotes a North Carolina in stream water quality standard violation. Discharge DO reading was obtained in discharge stream uphill from the unnamed tributary. Ae ►valer quality standard for dissolved oxygen is 5.05 ntgll (average minimum). The human health standard for fecal colifbi-in is 200 colonies1100 girl (maximum). CI)FF19011��L US 4� Postage $ ♦ti S Cartltlad Fee Postmark Return Receipt Fee Here CO (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) C:3 Total Postal Dr Kay MCKInme `n Sent To Admin & Assoc Dean for Extension ru NC A&T State U - Dpt Animal Sci Apt: 4 p O Box 21928 or PO Box Nc r�- criy'siere, zr Greensboro NC 27420-1928 Certified Mail Provides: t ® A mailing receipt Ie A unique identifier for your mailpiece ® A signature upon delivery m"A record of delivery kept by the Postal Service for two years Important Reminders: ® Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. m Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. * For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested", To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. A For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". n If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Rover5e) 102595-01-M-1049 UNITED STATES POSTAL S JrJR14,9 .Pogtage.&-Fees'Paid, • Sender: Please prot`yQEr hame, address, an'a ZIP-+4-1 NC DEN Water Quality Section - 585 Waughtown Street Winston-Salem NC 27107-2241 � %tlVLD Of ENNA APR z g 2g93 i WinstonSale, 1111 till$1111111111$111111111E1111111111111E11111111111111711 ' ' ■ Complete items 1, 2, and '3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Dr Ray McKinnie Admin & Assoc Dean for Extension NC A&T State U - Dpt Animal Scienct P O Box 21928 Greensboro NC 27420-1928 A. Sig ature Xa_�A ❑ Agent ❑ Addressee B. er ved y ( Print e me) C. Date of Delivery D. Is delivery address different from i 1 ? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ` Certified Mail ❑ Express Mailr ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7001 :2510 0001 , 4778 5697, 4 oV PS Form 381August 2001 Domestic Return Receipt 102595-02-10•OK Rr:c,r'IVED DIVISION 01'WA'I•l';llQUALITY N.C. De Pt. of ('.hnnl,Iri 1.al,nr alnn Hrpnrfl VYrrrr VnnIH+ 4V SAKIPI,Fi7Yf'F; APR 17 2( r'r711N I Y GUILIFORU PRIORI I_Y_ �'''� RIVERHASIN: � ANIHIFNI � QA 1x F SIREAM 0 ]iF111-Urm �� Orton-& illa'gltl7u : 4VSRO Regiona1Oflirc COMPLIANCE 1•x I CIIAINOfCUSFOIIY LAKE I real C (10"r : C) 17N0:VClzNCY V1511,q) El GSWARY ff11,LC('Ifrt11.C1 54Ylllll: �T � 1 W'Num1vt : :11V1901 Dale Receivc,f : 3/31/7(03 'I bne Rrcrived : 9:45 AN1 Received By I11M Iam K 4-�IIS I)ala R cased Aft F)alr 411417ix73 F. rr6nRlyd ROD It—r': Srrt Jinn Lnrrtlnrc: VNI REAKI-W A & r Srrd: S'hlrnlurtlyd: Itrru�rp,; SfrtflnnN Ftar llrpin i)!hundddJ l7lrrr l;nd f„lnunlddj 'F imr Beeln j'ilmr End Ilrplh-IlA1.IfR,fillp! rrtlnr lJl,r - a. n, I. t:nlllhnlltr-r, s,n Sernplr'IJpr 2fk1.g1328 IfilU [! _ _ IS[117�It1 n1S� _ C r,lllnrnl: A13'• I'ry nl 31Aih �tktnll Colifnrnl: h1F IMA 31.14" /Ilk1nd _-- �. Cnlifnlm:lutrreca111615 _ /Mml ('nlih,rm I2,,CMSlrrp1t67.1 /107nll Residue: I nla[ 5(f0 m / I. Volatile 505 _ nit /L Mxed 510 rnr/1, _ Y _ Residue Suspended 5,'W a n1 /1. Vula lile 535 m ,/ L FrxCd Slfl rng/l, _ Ip I •141.1 Units Acidlh• In 114.54.16 m /L _ Aridil5' In pi S.1 435 Mg/ 1. _ Alkalinilytopf18.3415 w µnlg/I. Alkali id y to pl14.541U� 1 OC 680 m L FurbitIM 76 NIV Colilmm1 otal Iuly /10011115 *4 runtntr.N I � ; Chluridr'11❑ nll,/ 1. _...` _ Chla: Irl,12217 ug/F. _ _ Chla:Cm0221" Cnlur: I rurHfl c.u. Cnlnr: ,! I fit I I^ C.R. C'nlnr. pl 17.6 H2 -r.u, _ - - _ Cr.j:Qu 720 m •/L _ _ 1A t1uriJc_95_1 rnL� rnnvaldch tfe 7111H11 m • I_ Greasy and Oils 556 rrl ,/L f Iardflc55 'I ilta[ 900 n1 L Seed lic Crwd, 95 unibos/on2 WAS 38260 ml`1, Plicnn1s.2710 ug/L _ 5ullalc9i5 u11;/L _ Su[fide745 rug/I. T Ourun lanninhUi nin up,/L _ NexavalentChrnrllium ug/L Uirarlxlnalc. mg/L _ Cark,nalc ju +/ 1. 14113 as N 610 0.07V en IKNanN625 0.50 n17;/1. X NO2 [+Iva N0:1 ne N 00 0.29 lou.1. .0 1•:'l,,talns1'6h5 0.04 Ing 1. r': Vls.;dyed a%1, 466 Illy/I. K•I'nlasslwu tu' I. Cd.Cndndum1027 ul;/L Cr-Chtn_nfiunr'lolal ]OM _ ug/L _ Cu. CopperIM2 uf;/1. _ NI-Nlckrl IU67 u[,/L _ M, I cad [051 T tig/L _ Zn• Zinc 1092 ug/L _ V-Va_naJiunl /L Ay,-511ecrIU77 _ ug/L _ Al- Aluminu in 1105 u61L _ Be. Beryllium 1012 u /L Ca. Calciunl916 mg/L Crr-CobaIt 1037 uE/L Fe- Iron IG15 vb/L _ I,1-IMRium 11.12 ufv Mg- Klagmsiunl 927 Aln•A1an •anrsc IU55 a+/I. _ 029 I;, --Selenium 1147 urlL. I I,;• hIvrcurX7l9lkl Ba Harlmn ug/L _ (v)f�arinCllln71r1C 1'eslicitIcs _ U1 'anu +hus llnlrus Pesticides Acid ! icrbicides Rase Neutral& Acid lixtractableOrganics 1 [111 Diesel Ran e l'ur cable Organics VOA bult[c rc 'd I VI I Gasoline Range _ Iill I HIEXGasulineRan c _ Ph yla lanklun 3 DIVISION O, FiNV� O`N AIENTA[. I�1/1NAGRAtLNT WATER ALIT U B rORAi (I)M111) ` COUNTY V U+.� O PRIORITY AMPLE TYPE yj RIVER BASIN iLne P Ci r ['� RCPonriO: AnO f110 1110 RRO WnrtO Wlrir Srt TS 1_IAMRIll ❑ QA' C�iSTFIEnr1 ❑ ErFi.UrMT AT BM jy[ r Other COMPLIANCE I,pj CIIAIN tl ❑ LAILE ❑ INFLUENT / OI° CUSTODY for Lab Use ONLY r Lab Number; Unlc Receive�0— Ilcr.'J by_ l—&-(/�Frnrn_ �us uric Land Del UA7A ENTRY AY;- CK: Shipped by: Roe Puri , Stnll, OlheT 1-1EMERGI_NCY ❑ESTUARY 1 COI.LEC'fORIS): s���- SC�h i [�• � y�� p.,I Il } M STATION LOCATION: L T L► 1* T Eltlmated BUD Range: 0-5/ •25/2 G5/40-130 or 100 plus — Seed: Yee ❑ No - ChMrinateJ: Yr.e❑ No REM1lnFtRS:��r�u`� tJT� i{r1i1rJ ///III �-- �•- S1nUwt Dntr Begin (yy/tnm/dd) 71me. 11eglnl Dntr End Time Cnd(Deplh bh1 DF! b1lM Valve �'ypeA It 1 BOO5 310 Ing/I � COD Itigh 340 mg/I- ,2 3 CO1) Ln,v 335 mg/I Colllorm: MF F'ecal 31616 /100m1 Cnlllorm: M1tf Tntnl 31504 —� /100ru1 G Colilorm: T,tbe recal 31615 T/1001111 i Colllorm: Pecnl 5trep 31673 /100ml - - — a Ilesidue:lotal 500� mg/1 Voiallle 5D5mg/I 10 Fixed 510 mg/1 ei' 1due.- Srrspe.nded 530 -- mg/) 1 12 .-- Volatile. 535� rng/I 1.1 -- fixed 510 - — mg/I- pit 403--- trolls ..�� AcIJHy to p!1 4.5 436 mg/1 - 15 lei Acidity to 1) 8.3 435 rng/I 17 -- Alkollnlly In pit 8.3 415 Alknllully In pit 4.5 410 mg/1 1 — TOC 680 mg/t 20 — Turbidity 76 NTU Chloride 940 mg/I Chl a: TO 32217 ug/I Chi a: Corr 32209 u�/I — Pl,eophylln a 32213 ug/I Color: Trur, 80 PI -Co Colnr:lPll--- 83 ADMI Color: pit 7.6 82 AMI1 Cyanide 720 —�— ntg/l Fluotide 951 Itrg/I formaldehyde 71880 rng/I Greane and 011a 556 mg/I Ilnldnp.sn rolnt 900 mg/r ~ Speclllc Cnrtel. 95-. 011hna/cm2 MOAS 38260- --- mg/I/I F'henolc 3273C1 � ug/I 51111a1e 945— Inrl/I �- SrrlHdr. 74fr rnq/I UAIE REPORTED:- --- NIM as N 610 TRN ne N 625 NO2 Plus NO3 ns N 6 00 x _ mg/1 1': Tntat at 1' 665—nrg/1 1104 no P 70 507- V: Dissolved ns P 666 — 01-Codmhun 1021 up/I Cr{,l,tmnlurn(Foia11031 uu/I Cu,Copper 1012 ug/I NI•N1dna ]067 ug/I 7_n-7.lnc IU92-------ut1/1 — 1ln Silver III77 AVAluminurn II05_ ug/I/I Re-Il¢tyllinin 11112 �� ug/I Cn•Cnlclu,n 910 Cv-Cobnit 1037 ��-- _-- trg/I Fe•lrorr 1045 �+- ug/1 epn>,ilr Snmplc I' r s It c;Nxx �___-- _ _ LI-LHhhtm 1l32 ugil Mg-Pingneslurn 927 mg/i Mr•Manganesc ID55 u9/1 Na•Sndlum 929� ~— mpr I Arornic-Joln! 1002 Se -Selenium 1147 on'I Ng-M1iercury 71900 — a4%F nrpartochlorine Pestleldes orgn,rnphtxpa,nrns T'rsttcldea Add IletbEcldc.q - T1nse/ Neuttal Fxlrar.tahle o18nnics Acid F:xtroclnhte t)rgantce I'ur,leal,le Orpsonlc., (VOA holde leg'+RI - - F'hytnpinnklnn ----� Sampling Point S Cnnduelance at 25 C Water Temperature r D.O. mg/I PI All,allnliy Acldlly Air Temperature (C) C ! oi�s 1 �' Z- q c' q.� � D� rr118.3 P!1 4.5 pfl 4,5 PFI 8.3 .� p . 2 94 10 3DO It 400 _.. 1 82244 431 02243___ IB2242 __— 20 Sallnity % PrectPhion (In/day) Cloud Cover 6 Wb,d Direction 4)eg) Stream flow Severlty TurbldFly Severlly Wind Veloclly MAI lean Stream Depth it. Stream Width it. 410 loo 480 45 32 36 1351 1350 35 64 4 UM1/Revi„ l 10/86 v►' DIVISION OF WATER QUALITY Ch rmisny [.alra m-y Rep 0111 Water(pialiq W SAMPLE TYIWF (:OUt4'1.V Gt111.FORft PRIORI-IY lltVERtl,%SlM1: � A1,111Il:N1- � QA El STREAM � EFFLUENT ItYPORI-T(1 %VSR0 Regional Office COMPLIANCE CHA[N01:CUSIODY El LAKE INFLUENT 011'el : EMERGENCY M. UARY (:U LhI:(:I (ilr(5) Gl4'lill li j�VISITID � l� LbNumber 3W1900 Dale Received; 3/31/2001 Time Received : 9:45 AM Received By : I1M1V Ll 116(o Data R/_Icaur7 : AR Dale Repotted: 411412003 Eminwvd Rt1111tangr: 51a1ion I.ncatlun: DISCHARGE. NCA & T Serf: Chlorinated: Remarks: Station R Patr Rrein ()ylmmldd) [1s1e End (?1lmnJdd) 1'Ime lleRin Ttme F.nd Depth - DAI, DR, PRNI Value Type - A. 11, L CampmEto-T, 5, R Sample T1 pt 20U1[t128 1555 1K11)310 m •/ L COD I Ii h:140 vn/L COO IA-335 m /L Coliform: MF rmal 31616 100ml Coliform: MF'Tota131501 100ml Colilonn: tube Fecal 31615 Woml Colifornt: Fecal Stree 31673 100mt Rccidue:Total 500 m L Volatile 505 in " L Fixed 510 m /L N Residue: Sus vniled 530 86 m L Volatile535 m /L _ Fixed 540 m /L l 1401 units Acidity to pf14.5436 ns /L Acidity to pf183435 m,/L Alkalinity to pi18.3415 m /L Alkalinity to H 4.5 410 m L 'f 0C 6tS0 m L Turhi< -t • 76 Nl'U ColiforvIi Tutal'Tube ]00 mis Chloride 940 nnpjL Chla:'I'ri32217 u /L Chl a: Carr 32209 u L Pbrn hvtina32213 u /L Color. True 80 c.u. Color: II &1 P1i• C.U. Color: C117.6 82 C.U. Cyanide 720 m /L Fluoride951 m L Formaldehvdc 71880 m L Greasc and Oils 556 m /L Ilarclness Total900 m L SpedficCond.95 umisos/ctn2 MBAS38260 m /L Phenols 327,10 u L Sulfate 945 m L Sulfide745 m L Boron ronnin & Li nin u L Hexavalent Chromium u /L 0icarlxrnate m /L Carbonate m L X N113 as N 610 64 -mStl, A TKN an N 625 74 on /L ?C NO2 plus NO3 as N 630 0.55 m L X P: Total as P 665 40 m /L M'04 as P 70507 m L P: Dissolved as P 666 m I. K-Potassium m /L Cd- Cadmium 1027 u L Cr-Chromium:Total1011 u L Cu- CopM 1042 u L Ni-Nickel1067 u /L Pb Lead 1051 u ry L Zn- Zinc 1092 ugjL V•Vanadium uv4L A -Silver 1077 u t. Al- Aluminum 1105 u L lle- Beryllium 1012 u L Ca -Calcium 916 mg4L Co- Cobalt 1037 u L re- iron ]045 u 1. Li-Lithium1137 u L Mg. Magnesium 927 m L Mn-Manganese 1055 u L No- Srniium 929 m L ArscniCTatalI002 u L Sc-Selcnlum 1147 u L II - Mercury 71900 uFIL Ba Barium v L Or anochlorine Pesticides Or ano hos horns Pesticides Acid I lerbicldcs Base Neutral&Acid Extractable Organics TPI I Diesel Range Pur eable0r anics VOA battler 'd TPH Gasoline Ran c TPH BTEXGasolineRan e Ph 10 lankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATE UALI fmw B FORM I , oV 0 CWNTY l' U T `^ PRIORITY SAMPLE TYPI +° �eQ r RIVER BASIN n{''� { !AMBIENT ❑ QA ❑ STREAM REPORT TO; ARO PRO RO RRO WaRO WIRO 5R0 S AT BM COMPLIANCE CHAIN �qOF ❑LAKE Other Shipped by: Bus vourle, Staff, Other EMERGENCY CUSTODY ❑ESTUARY `I �^ 11 EFFLUENT ❑ INFLUENT COLLE4TOR{S): r'a `A n� Estimated DOD Range: 0-5/5-25125-65/40.13 r 10 plus STATION LOCATION:, �� L Y ` � j I `-'�� �'1" ,,t Seed: Yes ❑ No Chlorinated: Yes❑ NoREMARKS: l 11i e 1 5latlanT Date Begin (yy/mm/dd) I Time Begin Dale End Tlme End Depth 03 b � 28 15S N113usN610 TKN as N 625 NO2 plus NO3 us N 630 P: Total as P 665 1104 as 1' 70507 P: Dissolved as P 666 1 BOD5 310 mg/1 Chloride 940 mg/l 2 COD High 340 mg/I Chi a: Trl 32217 ug/l 3 COD Low 335 mg/l Chi a: Corr 32209 ug/i 4 Collform: Mr. Fecal 31616 /loom] Pheophytin a 32213 ug/l 5 Collfornr: Air Total 31504 /loom) Color: True 80 Pt Co G 7 Coliform: Tube Fecal 316I5 /loom! Color:(pfl 1 83 ADMI Colltorm: Fecal Strep 31673 /looms Color: pit 7.6 82 ADTII 8 Residue.Tola1500 mg/I Cyanlde 720 nrg/] 9 Volatile 505 mg/I Flu orkte951 mg/I 10 Fixed 510 mg/1 Formaidehydc 71880 mg/I^ 11 12 esldue: Suspended 530 mg/I Grease and Oils 556 mg/l Volatile 535 mg/I Fluidness Total900 mg/l 13 Fixed 540 mg/I Specific Cond. 95 U61hos/em2 14 pll 403 units MBAS 38260 mg/i 15 16 Acidity to pll 4.5 436 rngA Phenois 32730 ug/l Acidity to pli 8.3 435 mg/l Sulfate 945 mg/1 17 Alkalinity to pll 8.3 415 mg/I Sulfide 745 mg/l 18 Alkalinity to pll 4.5 410 mg/I 1 9 TOC 680 mg/I 201 Turbidity 76 NTU For Lab lisp ONLY Lab Number. (/ Date Received;O.Y�3/ Tlrner �(/ Ree_ d__by: From: Bus f24urie !sod Dei DATA ENTRY BY: CK: DATE REPORTED: _ _ DM DB D13M Value Type A 11 L Cd•Cadmlmn 1027 ugA Cr-Chrenilurn-'rotai 1034 Ug/t Cu-Copper 1042 — - ug/I Ni-Nickel 1067 ug/I Pb•Leud 1051 ugA Zn-Zinc I092 Ulr/] Ag-Silver I077 Al -Aluminum 1105 Rc-Reryllltlm 1012 Ca•Calcintn 916 Co -Cobalt 1037 Fe -Iron 1045 ug/1 up/1 ug/I mg/I ugA ugA omposlie Sample {' T�S 11 C O GNXX� LI•1-100um 1132 ug/1 Mg-Magneafum 927 mg/l Mn-Manganese 1055 ug/I Nei -Sodium 929 mg/l Arsen]c:Total 1002 ug/I Se-Selenlum 1147 u9/1 fig -Mercury 71900 ug/1 Organochlorine Pesileldes Organophospllorus Pesticides Acid Herbicides Base/ Neuira] (ixtraclable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplanklon Sampling Point X Conductance at 25 C Water Temperature D.O. mgA pil Alkailni(y Acidity Air Temperature IC) 11 pti 5 2 94 G mS f0 ( U , `-� 3 .� 400 1 822443 4314 82243 182242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity MAI can Stream Depth It, Stream Width ft. �3Jf(�� Igo Q~ 480 45 32 36 1351 1350 35 64 14 DIVISION OFWATER ER QIIAIATY APR 172003 f'Lrnd,h� I,rhm rho+ 0rprn}llrafrn 12un1114 lY SAh11'I,li IYI'li f(ttif:IV GUML)1E1) PRIORIl_l' !`r �1Zt�I1{�SalCirn R11'}',IEf1;4Sifd• Ah111117141 QA SIIEI:A1.l ffrce Itr imi to WSRO Regim"Wfii— o r-ohWl,IAN(;I: �J CIIA}Nt+l (_U;�ff)I)1' LAVE. R.l111,[,i11 „ IJ INFLUIiNI I l:hn l l F,nn�rr,r•N('Y VISH lU 1!,ItIARY t'f 11.1.C1:1 f1111.5) NI IIR(K'K fill Nundrr I 1902 I )Mr ltvreicrd : 3/31 / nn 1 ime Refell•cJ : 9:115 Akt Recei,ed P,• I IPf%v ti I��,ti It,lra�rd Alt rime i6-po,o &I-If2(rl) IMI,-1,4 RM) !lane,: S1,1hm Inrr: IKAVN51 RFAM NC A &'I' Seed: !"film Innird: ltcnietk,: Snallnn a Il,nr chain 1!!1non Idd) f once r.nJ t,ylmn,khq I Inir nrcln I In,r I:ua llrl�rl, -nit, un, unsl 1 V.Inr I}pe - A. n.l. Cnnipn,ue=r. 5, n Se�nl,lo'r, pr 21k73O32fl I t621f But) ;1to mg/I. COD f lirh.110 n,g/L COD Low 115 m ' J L Cnlilnrm: Mf Fecal 316I6 / Ilklunl Coli lorm: 1,11; 1o1al3150t Ilkhnl _ _ Cnlilnrm: tukx Fecal 31615 ItUllit Colffmal: I'ecal Strep 11673 1 IWnrt Residue: I otal 5W nog/L Volatile505 nlr/L _ Fi.ed 510 mg/L x Vc iduc: Suspended 510 13 mg/ L VolalHe535 mg/l. _— N-Lvi SIR ml;/l. _ I t 403 units Aciditytop114-5436 _ mg/I. Acidity to pl I A 14.15 n)g/L Ali.-,linity In pl 18.3 4I5 mg/L Alk.,Gnity topl14-5410 ms/L TOC 690 !n.Fn/l. Iurbidit-76 N1U _ Culifrrtu, Iutel-tu1K• '/100rills 4 f Yln1\1F.N IS; Ch]nride910 _ Chl a: Cun 322(19 _ Pheoplwtin a 12213 uh/L Color: i rue SO r,u, Color: ,11 83 +II- C.U. Color: pl1 7.6 82 C.U. _ 720 ny;/l. _ _Cvanide ^T mr/L Fluoride 951 _ _ Formaldehyde 71M) n, /L _ Grease and ON 550 nil / t. Ilardncss Tulal9(k) 111F.61, S+yxificcmid.95 un,Luc/r1112 _ T KiIIAS182UP oq;/l. _ Phcnrits 3273U ul;/ t. Sullalc915 nip/I. _ Sullide745 mg/l. _ Boron Iannln 4 Li nin u /L 11eMaralcnl Chromium u);/I, nicarlN,natc t❑ /1. C'arl.u,afc to , L X NI 13 as N 610 44 Jug/l. X '1 KN an N 625 52 mg/L X NO2 plus NO3 as N 6.10 1.8 nigtL X P:IotalasP665 26 mg/L I" as 1170507 - -- - --- - - --------- -- uns/ I,- P: Dissolved as 1' 666 m /L _ K-Polassium m /L Cadmium 1027 ug/L _ _Cd• _ Cr-Chrornlunvlolal1034 u /L _ Cu-Cn, r MI u /L T Ni-Nickel 1067 u /L I'b- Lead 1051 u / L 7,n- Zinc 1092 a 1. V•Vanadiun ug/L A -Silver 1077 u /L Al. Aluminum 1105 ur/L _ nc• Beryllium IU12 uF/L _ Cnlcium 916 T mr/L _ _Ca. Co-ColiAl11117 u /L _ Pc- Iton t6IS try/L _ LI-Lithium 1132 ag/L htg- Magnesium 927 mg/ L Afn-Man anese 1U55 u /L Na- Sa,lium929 m /L Arsenic: Iota11002 u /L Sc-Selenium 1147 uR/L _ Ii- Mcicuty 719M u /L Ba_8arlum u /L Or anochlorinc Fslicides _ Or ano hos horus Pesticides Acid Herbicides 0acc Neul mI& Acid Extraclablc Or anics _ I Pt I Diesel Range Pur cable Organics VOA boille r 'd I-I'I I Gasoline Range IP1I 81EX Gasoline Range Ph (p lalrkton DIVISION F ENVIRONMENTAL MANAGEMENT WATER QUAi!�r);PLE COIinTY U I PRIORITY TYPE fi1VE.R BASIN Pfl(� Ck MBIENT REPORT TO: ARO FROM O RRO WORD WIRO SRO Sk:OMPLIANCE AT BM (❑ QA STREAM El EFFLUENT IKEI ❑ I CIIAIN LAXE INFLUENT Other OF CUSTODY Shipped by: Bus ur1eT Stall, Otherl/ EMERGENCY ❑ESTUARY COLLECTOR(S): brow— t� Estimated BOD Range: 0.5/5-25/25-65/40�-13 r 10 [us STATION LOCATION:_ OU_�%',' } 5 Seed: Yes El No Chlorinated: Yes ❑ No g REMARKS: `}( Law��`� Fnr Lah llxe ON[_V Lab Number: ''^^�� Dale Received:V303-3 1 Time:Q Rec'd by; Frorn: Bus ours -I land Del DATA ENTRY BY: CIL: DATE REPORTED: r\3C ) ++ 1'-)1f1e- I Station' Date Begin (yy^/�mm//7dd Tl1me Begin I Dale End Time End Depth DM DB DBM Vnlue Type Composite Sample Ty A 11 L T S B C G ({NXX 11 BOD5 31D mg/1 2 COD Illgh 340 mg/I 3 COD Low 335 mg/I 4 Colilotm: MF Fecal 31616 /100m1 5 Collforrn: MF Total 31504 /1DOrn1 6 Coliform: Tube Fecal 31615 /100ml 7 Collforrn; Fecal Steep 31673 /IOOmI 8 Residue: Tntat 500 m8/I 9 Vola llie 505 mg/F 10 Fixed 510 mg/I 11 esldue: Suspended 530 mg/I 12 Volatile 535 mg/1 13 Fixed 540 nrg/I 14 pFl 403 units - - ^15 Acidity to pit 4.5 436 utg/1 16 Acidity to pit 8.3 435 mg/1� 17 Alkalinity to pit B.3 415 mg/I 18 Alkallnlly to pll 4.5 410 mg/1 19 TOC 680 mg/1 ,zU Turbidity 76 NTU Chloride 940 mg/I Chi a: TTt 32217 ug/I Chi a: Corr 32209 ug/I Pheophytln a 32213 u9/1 Color; True 80 Pt -Co Color(pli ) 83 ADMI Color: pit 7.6 82 ADMI Cyanide 720 m9/1 Fluoride grit mg/1 Formaldehyde 71880 mg/I Grease and Oils 556 mg/I llardne.ss Toia190t) mg/I Spedrle CCoed. 95 uhlhoe/cm2 MBAS 38260 mg/I Phenols 32730 ug/I Sulfate 945 mgA Suffl4e 745 mg/1 NIf3 as N 610 mg/1 tKN as N 625 mg/I NO2 plus NO3 as N 630 mg/I P: Total as P 665 mg/1 PO4 as P 70507 rng/1 P: Dissolved as P 666 m9/1 Cd-Cadmlurn 1027 ug/I CrChrom1um:Tola11034 ugA Cuiupper 1042 ug/I NI -Nickel 1067 USA Pb-I.ead 1051 u6/I Zn-ZInc 1092 ug/t Ag 11ver 1077 ug/I A]-Aluminurn 1105 ug/I Be-Rerylllum 1012 ug/l Ca•Cnlcium 916 rng/I Co -Cobalt 1037 ug/I Fe-]ron 1045 ug/I Li-Lithlum 1132 ug/l Mg•Magneslum 927 mg/i Mn-Manganese 1055 ug/1 Na-Sodlum 929 urg/I Arsenic -.Total 1002 ug/I Se -Selenium 1I47 ug/1 IIg-Mercury 71900 ug/l Organochiorine Pesticides Organol tux{Arnnrs Prwlk:ides` Acid Iferbicliles Rase/ Neutral Exlraclable Organics Acid Extractable Organics Purgeable Organics (VOA ballie reg'd) Phytopiankton Sampling Point X Conductance at 25 C seer Temperature ^ D.O. m / q pllAlkalinity p118.3 pf14.5 Acidity pit 4.5 pi 8.3 Air Iemlwnlure (C) VO O- 3rqS n 5 i tll• 7 3� 2- Z 2 r 2 94 . 10 300 400 1• _ 82244 431 82243 182242 20 Salinity X Preclplllon On/day) Cloud Cover X Wind Direction (leg) Stream Flow SevedlY Turbldity Severity Wind Velocity bi/II loan Stream Depth It. Stream WFdth rt. }�1 d � C� O D 5 480 45 32 36 1351 1350 35 64 4 ',� /9�.�•I _A / / Cam/ . I 1' , . ..t1�/ DMI/Revised 1 Report to: W 5 jz C) WATER QUALITY SECTION CHAIN OF CUSTODY (COC) RECORD NC DEN WUWQ LABORATORY (check one): CT'RAL j ] ARO [ ] WaRO Page —Lof For lnvcstigation of: Sample collector (print name) and DM-i forms completed b}': 61 55Ca I�1CJ rd� �L Sample collector's signature. r la) fj Field storage co itions no location (wh n applicable) Lab Use Only LAB NO.Ir STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS 2-- D I S C-V -r 0 3 03 Z8 / 5-6 S 2- D U q 6 36 3 X f �'[ � Z- t PP - 2003 R uished by nature): pjaA�v Date 303 Time !� Rece ved by ( ); i Date 3 Time Relinquished by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment circle one): State Couri Hand=de-hvered Federal Express LIPS Other: Securit Type and Conditions: OTT `' t4tJ-; t,§- s0 INTRALABORATOR HAIN OF CUSTODY - Lab Use Only LAB NUMBERS FROM •• :•1 �N • r r r r UARM �r Sri QAIFormslSample ReceivingNCOC form WQ 4110101dbs )J/ ,,AAII Report to: WATER QUALITY SECTION Page -1 of CHAIN OF CUSTODY (COC) RECORD NC DENRIDWQ LABORATORY (check one): I I CENTRAL I I ARO r.!' `VaRO For Investigation of: f G `name) Sample collector (print and DM -I forms completed by: Wib�a collector's signature: Field storage conditions and location (when applicable): "Lab Use Only .` .:LAB NO. . V, STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS D.: D :k fi - r APR BP -shed R by si a ODato33 3 Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shi ment circle one): State Courier Hand -delivered Federal Express UPS Other: Security Type and Conditions:' a d by: r J yBrolcen by,= z s P r INTRALABORATORY CHAIN OF CUSTODY - Lab Use Only +� t'LA$Nt1M$ERS`3 ?NiJMBER: x?y +ANALYSES RELINQCTISHED RECEIVED ,"DATE TIME +FRO1vI BOTTLES REQUESTED BYE *BY �r��THROUGH a _� '�, :?\: ....t .. �.._�.,. °°J�.:'•crt.w �;; "tr.lrt"_..!^.r �� -.i3.:-°..t.. � \.:u ( `r� ,"E, a'9, � $.: s�,. �:�,'.L.`i.. fi • � .�'�YrfY. _rr. .:�.nx=x:,r ,�"''•.,e�.s.. �+ _ ' ='tK0i...�..'. .,>f. '�- � �'-. �r"•M_sr"�.��-}'r�Y' `w t� T�e,� -ii•. L '�.�. � r^ �' =, -' W'; �y�` '-`� - ' � �� ^PY t'-.: tt'T�v �. d. r� �.. .� .: �.^kr"�'-` e. v a. _ {•�' r �� �+�`:. .� =. �''�s s .-Ln .. •'- _ S � J"r .Lis G. Rx. - `si4 .7 s`s.'..?"`'s•-:�!'a� r ,� t��, �_ :'y'`a ''i -�' 'Sp,s'`J3 �"`'•a'rs,,£.,z, i Fc afF_� � - .:- ,"fir .-�1:-t�:...ifs`��i�.-.ter... IY. �: s. '�- {�. .,,�.,`�};;"�.`5�7 :la`S+ti �-�9._.3ri:Y-�'i'..eFi� Yl...�. y';4 B ..y •ir 'wJ QA\FormslSample Rrceiving=C form WQ 4/10/01dbs RESEARCh & ANA[yTICAI LABORATORIES, INC. ' Analytical/Process Consultations NC DIVISIOIr OF WATER QUALITY 585 WAUGHTOWN STREET WINSTON-SALEM, NC 27107 Attn: MELISSA ROSEBROCK Date Sample Collected : 03/28/03 Date Sample Received 03/28/03 Date Sample Analyzed 03/28/03 Date of Report 04/04/03 Analyses Performed by CS Lab Sample Number Lab Sample Number- Lab Sample Number 473339 473338 473340 Parameter Storet R Results Results Results Fec CoH -MF (31616) >60,000 col/100 ml >60,000 col/100 ml >60,000 col/100 ml EC N.C. ©e.�:. P APR - s 2093 inston- fegionai _ ...;. Clients Sample Source -------------------- DISCHARGE -------------------- UPSTREAM -------------------- DOWNSTREAM Number A&T A&T A&T Time Collected (Hrs) 1555 1610 162G r. Cox 473 - 105 Snort o ree_ Ker nersville, North Carolina 272B4 - 333-996-3841 • Fax 336-996-0326 M RESEARCh & ANAkyTiCA[ LABORATORIES, INC. r ►. ��- �� - Analytical/Process Consultations NC DIVISION OF WATER QUALITY 585 WAUGHTOWN STREET WINSTON-SALEM, NC 27107 Attn: MELISSA ROSEBROCK Date Sample Collected 03/28/03 Date Sample Received 03/28/03 Date Sample Analyzed 03/28/03 Date of Report 04/04/03 Analyses Performed by Su Lab Sample Number Lab Sample Number Lab Sample Number 473342 473341 473343 Parameter Street # Results Results Results BOD-5 (00310) Clients Sample Source Number Time Collected (Hrs) 84.3 mg/t <6 mg/l 61.2 mg/l RECEIVED N.C. Dept, of EHNR APR - 9 2003 Winston-Salem Regional Office DISCHARGE UPSTREAM DOWNSTREAM A&T A&T A&T 1555 1610 1620 'r 90. eox 473 • 106 Snort Street • Kernersville, Norm Carolina 27264 • 336-996-2841 • Fax 336-996-0326 FI RESEARCh& ANA[yfiCAf LZORATO&SINC. Analytical / Process Consultations Phone (336) 996-2841 CHAIN OF CUSTODY RECORD WATER 1 WASTEWATER I MISG. COOMPAN'Y+ (� JOB NO. �Qm�Ov jO' J yV��Q� mAr� 2 mac~ 4-1 v v v v v ry ^ ry REQUESTED ANALYSIS S'f REET ADDRESS PROJECT CITY, STATE, ZIP CONTACT' PH NE 07 SAMPIER NAME (PLE PRINT) SA ER SIGNATURE SAMPLE NUMBE �LAB USE ONLY) BATE TIME CGYPGRA6 TEMP .0 RES CI BEM°ov�o (Yu NI uaTwxrye I3a4YI SAMPLE LOCATIONI9D. n at. x u Cre w m - r t s - ✓ ,s T- 3 Lr 2- a . 15- 1 V1191 v: 1 173 AKLour R6 I QUISHED BY , EIT RECEIVED BY Ste-_4ww REMARKS: _ TEMPERATURE AT RECEIPT °C RELMOSHED 8Y DATEMME 17 `4 RECEIVED BY "�6 ZLI,��AMPLE v' \IA7E Michael F. Easley, Governor O 9oG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, R.E. Director Division of Water Quality C � April 25. 2003 CERTIFIED MAIL 7001 2510 0001 4778 5697 RETURN RECEIPT REQUESTED Dr. Ray Mc Kinnie Administrator and Assoc. Dean for Extension NC A&T State University Department of Animal Science PO Box 21928 Greensboro_ NC 27420-1928 SUBJECT: Notice of Violation/Notice of Intent to Enforce Complaint Investigation NC A&T State University — Porcine Research Laboratory Facilitv qo*k, Guilford Countv Dear Dr. McKinnie: This letter is to summarize the violations observed during a complaint investigation performed at NC A&T State University's porcine facility on March 28. 2003. Melissa Rosebrock and Sue White, with the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (VVSRO) conducted the investigation. Mr. Donald Ford (operator). Dr. Charles Kadzere (animal science department chair). and Mr. Richard Phillips (technical specialist) were also present. The March 28, 2003 visit was a result of a complaint received by our office from Mr. Jay F. Hackett, alleging that his cattle had become ill and died as a result of "hog waste from the lagoon that had run-off." He also stated that waste was currently being applied and that "waste runs off into the creek every time they spray." On the date of the investigation. Staff observed and recorded the following violations and concerns: 1. At the time of the complaint investigation DWQ staff observed that animal waste was being applied to Field #1 (irrigation pull #2). Although the wheat field was well vegetated, a discharge of animal waste was observed running off the spray field and into a wooded area. DWQ staff followed the discharge downhill and into an unnamed tributary (UT) to South Fork Buffalo Creek (Class C NSW waters of the State in the Cape Fear River Basin)_ The unpermitted discharge of animal waste from the sprayfield and into waters of the State is a violation of your Certified Animal Waste Management Plan (CAWMP), deemed permit, NCGS 143.215.10C, and NCGS 143.215.10E. The waste irrigation equipment did not appear to be working properly on the date of our investigation. Per Mr. Ford. the chain on the reel had slipped. causing the hose and gun to not be retracted properly. The waste application equipment needs to be repaired or replaced immediately in order to prevent an unpermitted discharge in tht future. Failure to ensure that the irrigation equipment is operated properly is a violation of the deemed permit and CAWMP. N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 f336) 771-4600 Customer Service 1 800 623-7748 I NC A&T State University April 25, 2003 Page 2 3. Dissolved oxygen (DO) readings were also taken of the discharge stream as well as upstream and downstream of the discharge. The discharge DO was measured to be 3.32 mg/L (32.3% saturation) while the upstream and downstream DOs were measured to be 8.45 mg/L (87.8 % saturation) and 4.74 mgfL (49.5% saturation), respectively. Water Quality Standards for Freshwater Classifications state that the DO for this surface water should be no less than 5.0 mg/L. You are, therefore, in violation of the NC Water Quality Standard for dissolved oxygen. Conductivity (a numerical expression of the ability of an aqueous solution to carry an electrical current) was also .measured and recorded on site. The conductivity at the. discharge -area was 990 pS/cm, while the upstream and downstream conductivity was 100 VS/cm and 830 p S/cm, respectively. 4. DWQ staff also noted that Field #3 (pulls 1-4) was not available for waste application due to the pasturing of swine in this field for research purposes. This field was also denuded- due -to -heavy -animal. traffic-. -The CAWMP- states -that-there--is .to be adequate land on which to properly apply animal waste. Considering the recent pattern of chronic rainfall, it is strongly recommended that the swine be removed from Field #3 and a crop established so that this field is available to receive animal waste as soon as possible. 5. The waste level in the second stage lagoon (#2) was observed to be 6 inches above the maximum liquid mark and 12 inches from overflowing. The waste level in lagoon #3 (waste storage pond) was.even with the maximum liquid mark. Failure to maintain the _.._ _—wasWlev_el_below-the-maximum-liquid_mark-is=a=violation:of-the=CAWNW., deemed--.-- - - - permit, antic-NCGS-143.215.10E. - 6. The dam for lagoon #2 was observed to be damaged and in need of repair due to vehicle and/or machinery traffic during wet conditions. Failure to establish a protective cover on the lagoon embankment is a violation of the CAWMP and deemed permit. The Winston-Salem Regional Office is considering recommending an enforcement action against you for the above referenced violations. If you have justification that these violations are caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken against your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. NC A&T State University April 25, 2003 Page 3 Please address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771- 4600. Sincerely, Steve J_�111 u:;�z� ey Acting Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Guilford County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO Jerry Dorsett — DSWC WSRO WSRO-Faciiiiy Fi1e`s7_-, Central Files DWQ- - CIVIL ASSESSMENT RENIISSION FACTORS CONSIDERATION Case Number: DV 03-023 Region: WSRO County: Guilford Assessed Entity: NC A&T State Universitv,, Porcine Research Laboratory () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: N/A O Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: No damage was documented as a result of the discharge and resulting DO violation. The facility requested remission of the penalty because the facility stated that they didn't intentionally violate water quality regulations and that they have corrected all of our concerns. A compliance inspection conducted in September 2003 documents that the dams of the lagoons have still not been repaired satisfactorily. There are fields that continue to be unavailable for use due to incorrect or nonexistent crops, or that continue to house hogs on outdoor lots. The new irrigation reel still needs to be calibrated. The facility was inspected the day before Isabel hit and the lagoon levels were only 3-4 inches below the max. O Whether the violation was inadvertent or a result of an accident; Notes: The violation was caused by the failure of the certified operator and others in charge at the swine unit to abide by the CAWIVIP and permit. The facility has not been "pro -active" in their approach to animal waste management in the last 10 years. They address problems only after brought to their attention by DWQ. {) Whether the violator had been assessed civil penalties for any previous violations; Notes: No, the facility has not previously been assessed civil penalties by the Division. However, the facility has a ten-year history of documented water quality violations. NC A&T State University was issued an NOV in 1993 for a discharge to waters of the State as a result of inoperable equipment. In 1995 the University was issued a "Notice of Concern" due to parlor wash, calf feeding, and misc. activities from the dairy and swine facilities that could impact water quality. DWQ issued an NOV;NOI to the dairy facility and an NOD to the swine facility in 1998 for applying waste to saturated fields. A Show Cause hearing was held in 1998 regarding the improper management of animal %waste. O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: The facility has already purchased a new irrigation reel (July 2003) as they state. However, the equipment has yet to be calibrated. Most all of the animal waste application problems and recordkeeping violations are the result of mismanabement --- or lack thereof. The payment of the civil penalty will not prevent the remedial action from being performed. Decision (Check one) Request Denied Date Full Remission Partial remission Amount remitted /16-1- 94,4t_� Alan Klimek:, P.E. COMPLAINT REPORT .Division of Water Quality Winston-Salem Regional Office Did caller ask to remain anonymous? Yes No J (If YES, skip to directions section) J� f NAME OF CALLER:V I` �icC�CT a ADDRESS: TELEPHONE: _C33Co - C9 4 4 n DIRECTIONS: P/�.� A T L = SOURCYOF POLLUTION: 0CUU-4"0j`r NATURE el COMPLAINT: camA VAnl n 4'k -e t < n. r 2 S i c_ LC F] IA 336 p� DATE: TIME: _ / 1 0U � Prn COUNTY: 6u. t' I a hrs /7dl.6L1_O n�a 40-1-4d our .: in 4-/'D iOCCG t< EN REFERREDUTO: �0j:e- 1-D�C ACTION TAKEN: l,�. -fY 11f,&U n►'Yl L(9 A -fit-A -fit, t,- RECEIVED BY: INVESTIGATOR: Division of Water Quality O Division of Soil and Water Conservation O Other Agency Type of Visit O Complian fe°Inspection —(),Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint., O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 41 �12 Date of Visit: 03/28/2003 'rime: 1430 0 Not O erational O Below Threshold 13 Permitted ® Certified 0 Conditionally Certified Q Registered Date Last Operated or Above Threshold: ......................... Farm Name: N.C.A,9I I.uKclac.Rcsra.rclx.L boxACory.......................................... County: G.ui1forl............................................ MR. 0........ Owner Name: ................................................... NC'..A&1.S1.ate..U.0jVexai1y................. Phone No: 33.4-7.f42......... ............................ I .............................. Mailing Address: 1?eR�rtlxtcmt.o�.�#t111i[tat.Scleq.Cc.................................................... GxccaaSpoxo...NC.................................................. Z.7.41.1 .............. FacilityContact: ............ Title: ................................................................ Phone No:................................................... Onsite Representative: ,.1Cad��xe�.X?...blilllAS�T),.QAd....................................... Integrator:.................................................................---.................. Certified Operator:Doxald.A Doxtald.A .............................. F.0jr.d ................................................... Operator Certification Number:�.4.4.Q ............................. Location of Farm: From WSRO: I40 east to E. Lee St. exit. Left at top of ramp. Right onto Cedar Park Rd. Left onto Bridgepoint Rd. Left i onto McConnell Rd. Right onto Old McConnell Loop Rd. Right onto JFH Dairy Rd. Farm on rights ® Swine []Poultry ❑ Cattle ❑ Horse Latitude 1 36 04 00 Longitude 79 43 36 Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder JEI Layer iry EEIN ❑ Feeder to Finish ❑ Non -Layer n-Dairy ❑ Farrow to Wean ® Farrow to Feeder 250 ❑Other ❑ Farrow to Finish Total Design Capacity 250 ❑ Gilts Total SSLW 130,500 ❑ Boars Number of Lagoons 3 ❑ Subsurface Drains Present ❑Lagoon Area ❑ Spray Field ,area Holding Ponds I Solid Traps 0 ❑ No Liquid Waste Management System Discharees & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon N Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? N Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes N No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? N Yes []No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway N Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ................................... ..... Lwwsez. saagf............Wastr-ptand............................................................................................................... Freeboard (inches): _ 12 24 05103101 _;�,f,a 5L Continued Facility Number: 41-12 Date of Inspection 03/2$/2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement'? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? N aste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ® Hydraulic Overload 12_ Crop type Small Grain (Wheat, Barley, oats, clover 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) .9. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ❑ Yes IN No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ® Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No F ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ® Final Notes 1. & 11. WSRO staff (M. Rosebrock and S. White) observed run-off of animal waste flowing off field # 1 and flowing into a UT to S. Fork Buffalo Creek due to hydraulic overload on the field. The following parameters were determined on site: DO, conductivity, temp., _+ H. Samples were also obtained for analysis for fecal coliform, total supended solids and nutrients. Parameters and samples were taken at the discharge and upstream and downstream of the discharge. Onsite discharge DO=3.32 mg/L and the downstream DO=4.74 mg/L. 3. & 8. Getting wash of sediment and waste from pens in the woods during rain events. Suggest moving swine out to establish vegetation in this area. Operator notified WSRO on 4124103 that swine had beet? removedfrom this area and sold. 4. Waste level in the #2 lagoon was 6" above the max. liquid mark and 12" from overflowing. The waste level in #3 was even with the max. liquid mark. Reviewer/Inspector Name Melis a Rosebrock Reviewer/Inspector Signature: Date: 302/03 05103101 Continued yi Facility Number: 41-12 Date of Inspection 03/28/2003 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon 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) 24. 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? Rs ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes [-]No 7. Dam on lagoon #2 needs to be repaired and re -seeded. Is damaged due to heavy traffic on dam during wet conditions_ 15. Field #3 is denuded and is not available for waste application due to the current pasturing of swine on this field for research purposes. Swine need to be moved and a crop established as soon as possible. Due to chronic rainfall in this region, this field is especially needed for waste application since it is higher and further from the creek than other fields. Operator called 4124103 to gay that field #3 had now been planted with oats and clover. Swine have been removed from this field and sold. 16. Waste irrigation equipment is available but is not working properly. Chain had slipped off the reel causing the gun to not be retracted properly. Operator notified WSRO on 4124103 that the chain and reel had been repaired. 17. and 22. Facility has not been permitted yet. 24. Facility is to receive their annual operational review by the DSWC soon. Operation will be re -checked at that time. Rocky Durham with the DSWC-MR O conducted an operational review in April 2003. This investigation was the result of a complaint call to DWQ alleging that run off of animal waste from the operation made a neighbor's cattle so sick that they died. Caller stated that the facility was currently spraying and that the waste was getting into the creek. ns left blank are not applicable to this facility at this time. 05103101