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HomeMy WebLinkAbout410016_ENFORCEMENT_20171231RECEIVED N.C.Dept. of EN DEC 0 4 2015 Winston-Salem Regional Office November 30. 2015 Bruce A. Humble Bruce A. Humble Farn7 665; Smithwood Road Liberty, North Carolina 27298 ?a !MCCRORY DONALD R. VAN (DER VAART - I'll" '4 S. JAY ZlMMERMAN RE: Acknowledgment of Receipt of Payment Case No.: PC-2015-0013 Farm No_: 41-0016 Guilford Counu Dear Bruce A. Humble: This letter is to acknowledge receipt of your check No. 6218 in the amount of $1754.39 on November 30, 2015. This payment satisfies in full the civil assessment in the amount of S'l 754.39 levied against Bruce A- Humble and the case has been closed. [f you have any questions. please call me at (919) 807-6340. Sincerel}�: Miressa D. Garonia Animal Feedinti- Operations Program cc: �VQROS- Winston-Salem Regional Office File µ PC-2015-0013 WQROS Central Files {AWS410016} .aYt.`,.'A+,.�C.v.-...rA.u'k.c-,rJ'!flx=%'ff..,:W...?e�.....'ti North Carolina Department of Environmental Quality RECEIVED Pat McCrory N,C.Dept. of ENR Donald R. van der Vaart Governor NOV 0 2 2015 Secretary Winston-Salem Regional Office October 27, 2015 CERTIFIED MAIL - # 7014 1200 0001 3432 6363 RETURN RECEIPT REQUESTED Bruce A. Humble Bruce A. Humble Farm 6653 Smithwood Road Liberty, North Carolina 27298 SUBJECT: Request for Remission of Civil Penalty Farm # 41-0016 Guilford County Enforcement File No. PC-2015-0013 Dear Bruce A. Humble: In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and remitted $500.00 of the $2254.39 civil penalty assessment. The revised civil penalty is therefore a total amount of $1754.39, which includes $504.39 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: OR Miressa Garoma NC DENR-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 91H07-64641Internet: www.ncwgler.org An Equal Opportunity 4 Affirmative Action Employer - Made in part by recycled paper Bruce Humble Enforcement # PC-2015-0013 Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would Iike to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa Garoma NC DENR-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, 43b,J w-4 ebra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch ATTACHMENTS cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor File # PC-2015-0013 WQROS Central Files DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: PC-2015-0013 Region: Winston-Salem County: Guilford Assessed Entity: Bruce A. Humble Permit: AWS410016 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Mr. Humble did abate the violations and address any recording keeping concerns within just a few days. After the assessment (and prior to remission request) the WSRO learned of some personal issues that probably lead to Mr. Humble being distracted and not keeping up with animal waste management at the farm. The personal issues were confirmed by Guilford County SWCD and other farmers in the area. ❑ (c) Whether the violation was inadvertent or a result of an accident: ® (d) Whether the violator had been assessed civil penalties for any previous violations: Mr. Humble has not been assessed civil penalties for any previous violations. He has only received one NOV, in 2004, for high freeboard/failure to report and failing to obtain a waste analysis within 60 days of application. He was also reminded during a 2013 inspection to maintain compliant waste levels in the lagoon. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes Partial Remission S �� "�- (Enter Amour. ❑No ❑ Wj rev I.0-8..31,04 To: From: Reviewed by Assessed Party Case No.: Remission Request Summary and Recommendation S. Jay Zimmerman Corey Basin er Jon Ris card WQROS Secti hief (initials) Bruce Humble PC-2015-0013 Case Background and Assessment Date: 9/1/2015 Date: 10,-�7 AOiS County: Guilford Permit No::AWS410016 Region: WSRO October 1, 2014 DWR issued COC No. AWS410016 to Bruce A. Humble for the Bruce Humble Farm March 19, 2014 On March 19, 2015, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), became aware of high freeboard levels while reviewing the farm's on -site records during an announced routine inspection. The waste level in the lagoon was documented to have been above the 18-inch maximum from February 18 to March 18, 2015. A level of 18 inches is the maximum level allowed by the permit. The facility has a history of high freeboard levels. April 6, 2015 Notice of Violation/Notice of Intent to Enforce was issued on April 6, 2015. May 14, 2015 DWR WARO received a response to the dated NOV July 7, 2015 Bruce Humble was assessed a civil penalty of $2254.39 ($1750.00 civil penalty plus $504.39 investigative costs): • $1000.00 for violating Condition V.2 of the General Permit AWG l 00000 for failure to maintain adequate freeboard in the lagoon. • $750.00 for violating Condition 1I1.13c of the General Permit AWG100000 for failing to report by telephone to the appropriate Regional Office of failure to maintain storage capacity in a lagoon/storage pond. July 11, 2015 Green card indicated delivery of the assessment document Remission Request (Summary) August 5, 2015 Remission request signed August 6, 2015 Postage stamp indicates remission request mailed on August 6, 2015 August 26, 2015 Remission request received Summary: Bruce Humble did not dispute the freeboard violation and failure to report. Bruce Humble indicates that he was aware that he was neglectful in allowing the situation to occur because.of personal issues. Enforcement History • Mr. Humble has only received one NOV, in 2004, for high freeboard/failure to report and failing to obtain a waste analysis within 60 days of application. He was also reminded during a 2013 inspection to maintain compliant waste levels in the lagoon. rev 1.0 - 8.31.09 Remission Recommendation from Re Tonal Office and Central Office • DWR Washington Regional Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission F� $750.00 (enter amount to remit) Comment: • Mr. Humble did abate the violations and address any recording keeping concerns within just a few days. After the assessment (and prior to remission request) the WSRO learned of some personal issues that probably lead to Mr. Humble being distracted and not keeping up with animal waste management at the farm. The personal issues were confirmed by Guilford County SWCD and other farmers in the area. • DWR Central Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission (enter amount to remit) Continent: A{ `n k.5 In l tt� r/ off" C o s, i F vti c p `Cy_ ad�ti�ti ccw<<ss;o I U r, , k/o c} Ke dc<�^4i.J ALIT -------------- RECUVEQ r N.C.i7erit. of ENR NCDENR sEP o z 2015 North Carolina Department of Environment and Natural Resour res Winston-Salem - .. „�A_ Pat McCrory Donald R. van der Vaart Governor Secretary August 28, 2015 Bruce A. Humble Bruce A. Humble Farm 6653 Smithwood Road Liberty, North Carolina 27298 SUBJECT: Remission Request 1~ arm # 41-0016 Jones County File No. PC-2015-0013 Permit No. AWS410016 Dear Bruce A. Humble: This letter is to acknowledge receipt of your request, on August 28, 2015, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor File # PC-2015-0013 WQROS Central Files 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: http://www.ncwater.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper DIVISION OF WATER QUALITY CIVIL PENALTY RENUSSION FACTORS Case Number: PC-2015-0013 Region: Winston-Salem County: Guilford Assessed Entity: Bruce A. Humble Permit: AWS410016 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Mr. Humble did abate the violations and address any recording keeping concerns within just a few days. After the assessment (and prior to remission request) the WSRO learned of some personal issues that probably lead to Mr. Humble being distracted and not keeping up with animal waste management at the farm. The personal issues were confirmed by Guilford County SWCD and other farmers in the area. ❑ (c) Whether the violation was inadvertent or a result of an accident: ® (d) Whether the violator had been assessed civil penalties for any previous violations: Mr. Humble has not been assessed civil penalties for any previous violations. Fie has only received one NOV, in 2004, for high freeboard/failure to report and failing to obtain a waste analysis within 60 days of application. He was also reminded during a 2013 inspection to maintain compliant waste levels in the lagoon_ ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission ❑ $ (Enter Amount Remitted) S. Jay Zimmerman Date rev 1.0 — 8..31.09 Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources July 7, 2015 CERTIFIED MAIL - # 7014 1200 0001 3432 6677 RETURN RECEIPT REO VESTED Bruce A. Humble Bruce A. Humble Farm 6653 Smithwood Road i.iberty, North Carolina 27298 Dear Bruce A. Humble: Donald R. van der Vaart Secretary RECEIVED N.C. Dept of ENR JUL 13 2015 1MNSTON-SALEM f2EGIONAL OFFICE SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 41-0016 Guilford County Enforcement File No. PC-2015-0013 This letter transmits notice of a civil penalty assessed against Bruce A. Humble in the amount of $1750.00, and $504.39 in investigative costs, for a total of $2254.39. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-707-90001 Internet, http:t/www.nowater.org/ An Equal Opportunity 1Affirm aVve Action Employer— Made in part by recycled paper Assessment of civil penalty Bruce A. Humble Enforcement # PC-2015-0013 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one ;or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3). whether the violation was inadvertent or a result -of an accident; - (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) IF Assessment of civil penalty Bruce A. Humble Enforcement # PC-2015-0013 Page 3 of 3 days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807- 6340. Sincerely, S. i erman, P.G., Director Division of Water Resources ATTACHMENTS cc: Corey Basinger, Winston-Salem WQROS Regional Supervisor w/ attachments File # PC-2015-0013 w/ attachments WQROS Central Files w/ attachments Guilford County Health Department V STATE OF NORTH CAROLINA COUNTY OF GUILFORD IN THE MATTER OF BRUCE A. HUMBLE FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2015-0013 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, S. Jay Zimmerman, Director of the Division of Water Resources (DWR), make the following: I. FINDINGS OF FACT A. Bruce A. Humble owns and operates Bruce A. Humble Farm, a permitted swine animal feeding operation in Guilford County. B. Bruce A. Humble was issued Certificate of Coverage AWS410016 under Swine Waste Management System General Permit AWG 100000 for the Bruce A. Humble Farm on October 1, 2014 effective upon issuance, with an expiration date of September 30, 2019. C. Condition No. V.2, of the General Pcrnlit AWG i 00000 states that "The maximum tivastc level in lagoons/storage ponds shall not exceed that specified in the facility's Certified Animal Waste Management' Plan (CAWMP)". D. The CAWMP for Bruce A. Humble Farm requires that the waste level in the lagoon not exceed the maximum liquid level of 18 inches below the top of the lagoon wall. E. Condition No. I1I.13e. of the General Permit AWG 100000 states that "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond ,greater than or equal to that required in Condition V.2. of the General Permit." F. On March 19, 2015, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), became aware of high freeboard levels while reviewin- the farm's on -site records during an announced routine inspection. The waste level in the lagoon was documented to have been above the 18-inch maximum from February 18 to March 18, 2015. A level of 18 inches is the maximum level allowed by the permit. The facility has.a history of high freeboard levels. G. The DWR-Winston-Salem Regional Office did not receive a report by telephone (or any other means) of the failure to maintain adequate storage capacity in the lower stage lagoon prior to the March 19, 2015 inspection. H. Bruce A. Humble does not have a permit for the above described activities. 1. DWR responded by issuing the facility a Notice of Violation/Notice of Intent to Enforce on April 6, 2015 and delivered to Bruce A. Humble on April 8, 2015. Mr. Humble's written response was received May 14, 2015. J. The cost to the State of the enforcement procedures in this matter totaled $504.39 Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Bruce A. Humble is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 2. of the General Permit AWG 100000. D. The above -cited failure to report within vvcnty-four (24) hours following first knowledge of the non -compliant waste level in the lagoon violated Condition No. III. 13e. of the General Permit AWG 100000. E. Bruce A. Humble 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 that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Bruce A. Humble pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8). G. The Director, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: 11I. DECISION: Accordingly, Bruce A. Humble owner of Bruce A. Humble Farm at the time of the noncompliance is hereby assessed a civil penalty of: For violating Condition No. V.2. of the General Permit AWG100000 for failure to maintain adequate freeboard in the lagoon. $ �1`9 For violating Condition No. I11.13e. of General Permit AWG 100000 for failing to report inadequate freeboard by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours. TOTAL CIVIL PENALTY which is4/0 percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. S 504.39 ENFORCEMENT COSTS S Z, f 27 S , 079 - TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority, and (S) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Bruce A. Humble, in accordance with N.C.G.S. 143-215.6(A)(d). -77 he /S— (Date) S.. ay erman, P.G., Director Divi ion Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Bruce A. Humble County: Guilford Case Number: PC-2015-0013 Permit Number: AWS410016 ASSESSMENT FACTORS 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; Unknou-n 2) The duration and gravity of the violation; Records indicate that the ivaste level in the lower stage lagoon above the maximum liquid mark from February 18, 2015 until March 18, 2015. Although this ivas during the it.,inter months, this office feels that Mr. Humble could have land applied more ►t-aste lust full in preparation for the ivinter, or sometime this near in order to maintain compliance. Records indicate that the lagoon only had 19 inches offreeboard at the beginning ref January 2015. High f eeboard is of particular concern at Mr. Humble 's farm since the lagoon is only 13 % feet (approxitnotely) fi'oin South Prong Stinking Quarter Creek, a WS-V; B; NSW located in the Cape Fear River Basin. 3) The effect on ground or surface water quantity or quality or on air quality; None that we are ait are. 4) The cost of rectifying the damage; There is no cost to Mr. Humble to notlli, the WSRO of inadequate storage in the lagoon. Since Mr. Humble land -applies the animal waste himself, there is only the cost of his labor associated u-ith land application. 5) The amount of money saved by noncompliance; off- ,�Q �d �-c•�.�.�.P ����e. 6) Whether the violation =?:mi=y or intentionally; Mr. Humble was reminded, in writing, during the October 2013 Compliance. Inspection that the waste level must be maintained below the maximum liquid level of 18" and he was issited a Notice of Violation (NOV) in December 2004_forfailing to report. high freeboard. This of believes the violations to be intentional since Mr. Humble is awvare of the requirement to Maintain compliant waste levels and to report the non-compliance It.,hen it occurs. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and December 2004 — NOV for,failure to report high freehoard and for failing to obtain a it-aste u alysis t+-ithin 60 days ofapplication. l�/4cs�{�•e.pc,�,.,s,,��uer.soe-��o�.� ot �•a ae� QrriaC��''s,�o7 f` Gar✓ee�res, 0Pe4,j�t� . 8) The cto the State of We enforcement procedures. $504.39 7 '7 0T,rJ/ Date S. v Zimmerman rev 1.0 - 8.31.01) STATE OF NORTH CAROLINA COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BRUCE A. HUMBLE PERMIT NO. AWS410016 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2015-0013 Having been assessed civil penalties totaling $2254.39 for violation(s) as set forth in the assessment document of the Division of Water Resources -dated, July 7, 2015, the undersigned;, - desiring to seek remission of the civil penalty, 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 Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of Signature ADDRESS TELEPHONE 2015 - ; • . : JUSTIFICATION FOR REMISSION REQUEST APS Case Number: PC-2015-0013 County: Guilford Assessed Party: Bruce A. Humble Permit No.: AWS410016 Amount assessed: $2254.39 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o� Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may -be granted when -one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfullyapplied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator_ promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare.for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: Tem. req. i� DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES May 14, 2015 MEMORANDUM: To: Christine Lawson From: Corey Basinger Melissa Rosebrock 1-� Subject: Recommendation for Civil Penalty Case #: PC-2015-0013 Bruce A, Humble, AWS410016 Guilford County Please find attached, documents supporting the Winston-Salem Regional Off ce's request for a civil penalty assessment against Bruce A. Humble for failing to maintain the waste level below the maximum specified in the Certified Animal Waste Management Plan (CAWMP) and for failing to report the non -compliant waste level events. Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO- DWR) performed an announced routine inspection on March 19, 2015. While reviewing the on - site records it was discovered that the waste level had been above the maximum liquid mark from February 18-March 18, 2015 without notifying the regional office. This farm has a history of high freeboard and failing to report. While the April 6, 2015 NOV/NOI described several violations, the regional office only wishes to pursue a civil penalty for the high freeboard and failure to report violations. We request that you initiate appropriate action from your office and forward the attached package to the Director of the Division of Water Resources. The following items are being transmitted for your review: A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) A completed "'Water Quality Enforcement Case Assessment Factors." C) Recent correspondence between violator and DWR, including copies of the "NOWNOI letter." Please contact Melissa Rosebrock in our office at (336) 776-9699 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files STATE OF NORTH CAROLINA N THE MATTER OF BRUCE A. HUMBLE FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL- STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2015-0013 FINDINGS AND DECISION AND ASSESSMENT OF CFVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources,1, S. Jay Zimmerman, Director of the Division of Water Resources (DWR), make the following: I. FINDINGS OF FACT A. Bruce A. Humble ovens and operates Bruce A. Humble farm, a permitted swine animal feeding operation in Guilford County. B. Bruce A. Humble was issued Certificate of Coverage AWS410016 under Swine Waste Management System General Permit AWG100000 forthe Bruce A. Humble farm on December 15, 2000 effective upon issuance, with an expiration date of April 30, 2003. This permit has been renewed annually and was most recently renewed on October 1, 2014, with an expiration date of September 30, 2019. C. Condition No. V.2. of the General Permit AWG100000 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's Certified Animal Waste Management Plan (CAWMP)." D. The CAVirMP for Bruce A. Humble requires that the waste level in the lagoon not exceed the maximum liquid level of 18 inches below the top of the lagoon wall. E. On March 19, 2015, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), became aware of high freeboard levels while reviewing the farm's on -site records during an announced, routine, inspection. The waste level in the lagoon was documented to have been above the 18-inch maximum from February 18 to March 18, 2015. A level of 18 inches is the maximum level allowed by the permit. The facility has a history of high freeboard levels. F. Condition No. III.13. Of the General Permit AWG100000 states that "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events... Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. of the General Permit." G. The DWR-Winston-Salem Regional Office did not receive a report by telephone (or any other means) of the failure to maintain adequate storage capacity in the lower stage lagoon prior to the March 19, 2015 inspection. The facility has a history of failing to report. H. DWR responded by issuing the facility a Notice of Violation/Notice of Intent to Enforce on April 6, 2015 and delivered to Bruce A. Humble on April 8, 2015. Mr. Humble's written response was received May 14, 2015. I. The cost to the State for the enforcement procedures in this matter totaled $504.39 Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Bruce A. Humble is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 2. of the General Permit AWG100000. D. The above -cited failure to report within twenty-four (24) hours following first knowledge of the non -compliant waste level violated Condition No. 111. 13. of the General Permit AWG 100000. E. Bruce A. Humble 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 that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Bruce A. Humble pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8). G. The Director of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Bnzce Humble, owner of Bruce A. Humble farm at the time of the noncompliance is hereby assessed a civil penalty of: $ for violating Condition No. V.2. of General Permit AWG100000 for failing to maintain adequate freeboard in the lagoon. $ for violating Condition No. II1.13. of General Permit AWG100000 for failing to report inadequate freeboard. $ TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $ 504.39 ENFORCEMENT COSTS $ TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Bruce A. Humble, in accordance with N.C.G.S. 143-215.6(A)(d). (Date) S. Jay Zimmerman, F.G., Director Division of Water Resources Assessment Factors Case # PC-2015-0013 May 15, 2015 Violator: Bruce A. Humble Owner: Bruce A. Humble Region: Winston-Salem 1. The degree and extent of harm to the natural resources of the State, to public health or to private property: NIA 2. The duration and gravity of the violations: Records indicate that the waste level in the lower stage lagoon above the maximum liquid mark from February 18, 2015 until March 18, 2015. Although this was during the winter months, this office feels that Mr. Humble could have land applied more waste last fall in preparation for the winter, or sometime this year in order to maintain compliance. Records indicate that the lagoon only had 19 inches of freeboard at the beginning of January 2015. High freeboard is of particular concern at Mr. Humble's farm since the lagoon is only 137 feet (approximately) from South Prong Stinking Quarter Creek, a WS-V; B; NSW located in the Cape Fear River Basin, 3. The effect on ground or surface water quantity or quality or on air quality: None that we are aware. 4. The cost of rectifying the damage: There is no cost to Mr. Humble to notify the WSRO of inadequate storage in the lagoon. Since Mr. Humble land -applies the animal waste himself, there is only the cost of his labor associated with land application. 5. The amount of money saved by noncompliance: None. 6. Whether the violation was committed willfully or intentionally: Mr. Humble was reminded, in writing, during the October 2013 Compliance Inspection that the waste level must be maintained below the maximum liquid level of 19" and he was issued a Notice of Violation (NOV) in December 2004 for failing to report high freeboard. This office believes the violations to be intentional since Mr. Humble is aware of the requirement to maintain compliant waste levels and to report the non-compliance when it occurs. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: December 2004 — NOV for failure to report high freeboard and for failing to obtain a waste analysis within 60 days of application. S. The costs to the State of the enforcement procedures. Investigator — 12 hours enforcement time $ 356.04 Corey Basinger - 1 hour for enforcement review $ 48.35 Administrative Costs $ 100.00 Total Cost $ 504.39 9. Type of Violator: Bruce A. Humble owns and operates farm number 41-16, known as the Bruce A. Humble farm. 10. Violator's degree of cooperation (including efforts to restore) or recalcitrance: Mr. Humble has been polite and cordial to staff. Within just a few weeks of the March 19, 2015 inspection, Mr. Humble had completed his sludge survey and calibration (see NOV/NOI) and a waste analysis was recently received for the applications made in March this year. However, as of May 6, the waste level is still only 3 inches below the maximum liquid mark. 11. Mitigating factors: None 12. Assessment factors: A. IWC ---- NA B. Receiving Stream ---- NA C. SOC/JOC ---- NA D. Copy of MP Screen ----NA E. Copy of Limits Page ---- NA F. Damage ---- NA Certification: I certify that the information in this report is true to the best of my knowledge. (Date) Principal Investigator North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 6, 2015 CERTIFIED MAIL # 1013 1710 0002 1865 5986 RETURN RECEIPT REQUESTED Mr. Bruce A. Humble 6653 Smithwood Road Liberty, NC 27298 SUBJECT: Notice of Violation/Notice of Intent to Enforce Permit Conditions Violations #NOV-2015-PC-0063 Certificate of Coverage #AWS410016 Guilford County Dear Mr. Humble: Donald van der vaart Secretary On March 19, 2015 staff from the Division of Water Resources' Winston-Salem Regional Office (DWR-WSRO) performed a scheduled compliance inspection at your permitted swine operation in Guilford County. A final copy of the report is attached for your review. During the inspection Ms. Rosebrock observed the following: Violations and Concerns 1) Animal waste management records indicate that the waste level in the lower stage lagoon has been at or above the maximum liquid level since January 1, 2015. Additionally, the waste level was at the maximum liquid mark on the date of the inspection. Failure to maintain the waste level below the maximum specified in the Certified Animal Waste Management Plan (CAWMP) is a violation of Condition V.2 of the Swine Waste Management System General Permit (Permit). Failure to maintain adequate 'freeboard was also documented in the October 2013 Compliance Inspection report. 2) The DWR-WSRO did not receive a report by telephone of the non -compliant waste level events occurring in the lower stage lagoon prior to the March 19, 2015 inspection. Failure to report within twenty-four (24) hours following first knowledge of the non -compliant waste level is a violation of Condition III..13.e. of the Permit. Note that a previous citation was issued in 2004 for the same violation (December 2004 NOV). 3) A review of the animal waste management records indicates that the required sludge survey for the upper and lower stage lagoons was not conducted in 2014. Failure to conduct a survey of the sludge accumulation as required by the permit is a violation of Condition M.18. Our records indicate that you were- reminded during the 2012, 2.013 and 201.4 inspections that the sludge survey was to be completed by the end of 2014. 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 Phone: 336-776-9800 \ Internet: www.ncwaterau2litV.org An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper Humble-NOI April 6, 2015 Page 2 4) A review of the onsite records also indicates that a calibration of the irrigation system was not completed in 2014. Specifically, the nozzle diameter and wetted diameter was not determined. Failure to test and calibrate all waste application equipment at least once every two years is a violation of Permit Condition H.24. Our files indicate that you were reminded during the 2012, 2013 and 2014 inspections that a calibration was to be completed by the end of 2014. 5) Waste applications occurring in December 2014 did not have an associated waste analysis performed within 60 days. Failure to conduct an analysis of the animal waste within 60 days (before or after) the date of application is a violation of Condition 1H.5. of the Permit. This was also noted in a 2004 Notice of Violation (NOV). 6) Per Condition H.12., a protective vegetative cover shall be established and maintained on all earthen lagoons. On the date of the recent inspection; the embankment was denuded in several areas due to excessive cattle activity, resulting in a violation of the Permit. 7) Conditions U.I. and I1.2. of the Permit state that the land application fields shall be maintained with a vegetative cover. Fields 4, 6, and 7 were observed to be denuded due to ongoing excessive cattle activity. These fields are thus not available for land application . since the fescue crop is insufficient for nutrient utilization. Corrective Actions: 1) The animal waste level in the lower stage lagoon must be brought into compliance by the proper application of waste in accordance with the CAWMP and Permit. 2) A sludge survey of both the upper and lower stage lagoons must be conducted and results recorded on the appropriate forms. 3) A complete and thorough calibration must be conducted and recorded on appropriate forms. Please see your technical specialist for a copy of the irrigation system specifications as this information was not available during the March 19e' inspection. You will need this data to complete the calibration. 4) A reminder to download a copy of the most recent waste analysis result for your March 201.5 applications. Please contact your technical specialist for assistance. 5) Cattle must be excluded from the lagoon embankment immediately and permanent vegetation re-established as soon as possible. 6) 1f the cattle are to continue to be grazed on the application fields, then the stocking rate should be lowered such that a vegetative cover can be maintained at all times. We strongly urge your continued cooperation with the Guilford County SWCDINRCS to develop a cattle grazing plan. This office is considering recommending an assessment of civil penalties against you for the above referenced violations, if you wish to present an explanation for the violations cited, or if you believe there are other factors which should be considered; please send such information to me in writing within thirty (30) days following receipt of this letter. All information will be reviewed, and, if an Humble-NOI April 6, 2015 Page 3 enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for consideration. Any written response(s) should be sent to my attention at the address shown on the letterhead. Be advised that NC General Statutes 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. If you have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 776- 9800. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Section Division. of Water Resources Attachment cc: NCDENR-DWR Animal Feeding Operations Program Guilford County SWCD/NRCS WSRO Facility Files N Cor»plete:iteim6 1, 2, and 3. Also complete-'. item:4 if.Restrlcted: Delivery. is.desired Print your'narrie and address on -the revers; .. so that'we`can return the card, to you:.' ' B Attach, this card to the'back .of the mailpiece,. : or on the front if:spd ' permits., 1. Article Addressed to:' Mr. Bruce Humble 6653 5mithwood Road Libert NC'37298 A rgnature - :: a (�- Agent " © Addressr & eceived by (Printed Name) C. Date of pelive D Is deliveryaddre different from item i? -0 Yes_ If YES,' enter'delivery address below:' o - M16ertrfred Mails ❑ Prsg3ity Mail Express"' ©-Registered. li ?etrsrn Receipt for Merchandi ❑ Insured Mail 0 Collect on Delivery C 7MM 4..Restricted Deliver}? (Extra Fee) ` ' . © Yes 7013 1710 0002 18LS 5986 f 41,f. Aw 'OWN iiiii III AMA FA liPM A 'R, FORM FRBD-IS Single Waste Storage Structure 112612009 Freeboard 1,2, Rainfall, Monthly Inspection & Stocking Record for 3-Month Period o-(^EIS E- Imo` Farm Owner Facility Number 2 11- Operator 'Structure'igpe s_ Year 2— Jan ua ry ';Vj ` February March Inspection Initials Inspection initials Inspection initials Freeboard Rainfall Freeboard Rainfall Freeboard Rainfall 1 1 1 2 2 n 2 3 " 3 3 4 6 4 4 5 ff !f 5 5 6 6 6 7 7 7 ti 8 8 8 9 9 7 9 10 10 10 11 11 11 12 12 12 13 13 13 14 � C 14 14 15 15 15 16 16 16 17 17 17 18 18 18 19 19 19 20 20 20 21 21 3 21 22 22 22 23 23 23 24 24 24 25 25 25. 26 26 26 27 27 27 28 28 28 29 29 29 30 30 30 31 31 31 Average Monthly Stocking Number Freeboard is the difference between the lowest point of a waste storage structure embankment and the level of liquid. For structures with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. Freeboard levels must be recorded at least weekly. Rainfall must be recorded for every rain event. Initialing indicates that an inspection of the waste collection, treatment, and storage structures, and runoff control measures was conducted to insure proper operation. FORM FFtBl7-IS Single Waste Storage Structure 1/26/2009 Freeboard1,2 Rainfall, Monthly Inspection & Stocking Record for 3-Month Period =:c.F Farm Owner �� � '•� i.'�� 'iFacilily'Number Operator 'yi:''., 5truaAType Year Z � _ V !', Name April May June Inspection Initials Inspection initials Inspection initials Freeboard Rainfall Freeboard Rainfall Freeboard Rainfall 6 2 2 2 3 3 3 4 4 4 5 5 5 6 6 6 7 7 7 8 8 8 9 z 9 9 10 10 + 10 11 11 11 12 12 12 13 13 13 14 r 14 14 15 (} 33 6 15 15 16 16 16 17 17 17 18 18 18 19 q ' 19 19 20 20 20 21 21 21 22 22 22 23 23 23 24 24 24 25 25 25 26 26 26 27 27 27 28 28 28 29 29 29 30 _ j'j 30 30 31 31 31 Average Monthly Stocking Number 1. Freeboard is the difference between the lowest point of a waste storage structure embankment and the level of liquid. For structures with spillways, the difference between the ievel of liquid and the bottom of the spillway should be recorded. 2. Freeboard revels must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. Initialing indicates that an inspection of the waste collection, treatment, and storage structures, and runoff control measures was conducted to insure proper operation. Irrigation Equipmment, Reid Calibration Form Farm Name tAce VL rq Ec{qi pment Identification: Flow Meter Serial Number (if applicable): Type of System (circle ohe).- 6ationD GunI Sprinkler Model Nozzle Type.- Riftg/Noz2le Qi.am6.tb.r (in.y Farm 1. 11 Ttavelihg 'Center Pivot - DestgnedlExpected Ad5ovo 1U.6 . �1 I m4, — ObservedlMeasured 7 A I Q�t 'Nozzle'PresSUre (psi): Is obserVed *essur& operating t0hin thd range- mended by the manu . facturerorspecilledl: the irrigation design documentation ? y8s. 70M NO .Wetted.Diaftieter Ay ?,95 s the 00serv6d. wetted diameter Mlhih 15%.of the wetted diameWreported jin.manufacturers chart ffirthe observecf nozzle. pressure:? YES I NO Flow Rate (gpmy. of the VajU6 S Is the observed flowate within'l QL% PefqjfjjP0 in th t" f s dbterrnined r . eirr4alon,cestjnaraswa dun*ngthe Wt)661eleffeptive irrigated acre'd6tarmination? YES NO Observed Flow Rate Deter -Mined by' Chan Gafibrated F1'dW Meter NOTE - The ?observed flovv rate must be determined using EITHER:. 1j, the manufacfdrer's chart for the measured (observed) pressure at the gunlspfinkier AND the measured gunlsprinklerc.rifice-diarn&ter, OR 2),.measured with anapproved, catibratedflow meter. Person Performing CalibFation &,=�w 0 Date ly ly- �Sig;ature) DWQ-Cal-Forml M009 ' ia^.y-.„A�.:. r".-.ti::^.rr a _sim.. - .�• max. . r . .k. _�, .,. .;.. .. F . *P'.` NCRA&CStA' roriam�c.pivision a' =Piiene::"(919733=2655" "Website;; www;ricagr:govlag�pnom�l�y� .: x r FY15-W0054$7�., r:t • -yxv.Av-+. w;°..k g .z�.(-.^r..r �,•�` `.w. _ _ .;� . 'mT ;�S ,y/s_� y p♦�Jf H- yvn �..y�, 'n<,7',�'iry.- .er %y� .k'- 'fi_ .:...,�: }�'.k,y,,'�.Yp,(.,5]4 . ;T-.!F .�C'.�.-,L. �15� ��rvY�._Xif SZ � C� �q'Y-91l t:E�«+�.Y6v^•.W=•.n i_y,H.l�.' Mls:.,s'�.3tiv.5t�'±C �,rTJ`i2%-£h`iY..z�'fY;if�•.4.''4,!�.:AxR-. r'dS1R)47i. .i4Yis'�^.�� 1��:�Y#n,li9.'O.i'_fE�1_`/f tiir.-.�`yl�f.Y 4CAiZ���3'.i.LY_<:�.*,.F4-k �`L.�r`.?�%;S's�� Predictive Client: Bruce Humble Advisor: 6632 Smithwood Rd. . WasteReport Liberty, NC 27298 :` rk m r Guilford County •��'lNLvvY� Sampled: Received: 03/13/2015 Completed: 03/24/2015 Farm: Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mg (ppm) S (ppm) F9 (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample !D: 1 Total N 20.4 625 67.3 24.8 36.6 1.69 0.17 0.28 0.16 0.47 206 Waste Code: ALS Description: Total Kjeldahl N 289 ....-'--'-.....--'.................................-'-'--.....................•-• . ............................ Swine Lagoon Liq. pH DM (%) SS (10-5S/cm) EC (mS/cm) CCE (%) ALE (1000 gal.) C.N Inorganic N NH4-N 7.70 Comments: NO3N Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) Mo (ppm) Urea Estimate of Nutrients Available for First Crop (lb 1 1000 gal.) Other Elements tlb 1 1000 gal.) Application Method N P2O5 K2O Ca Mg S Fe Mn Zn Cu B Mo CI Na Ni Cd Pb Al Se Li Irrigation 1.21 0.39 6.25 0.56 0.21 0.31 0.01 T T T T 1.71 Agronomists Comments: Aaron Pettit 3/23/2015 3:53 PM ,Forth Cairo ina,. . Q.W TobmaTr6st Fmid Commission. Reprogramming of the .laboratory-informa tion-management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Troxler, Commissioner ofAgriculture. Appendix.l, Lagoon Sludge Survey Form Revfsed August 2008 A..Farm Permit or DWQ Identification Number 41-16 & Lagoon Ideniification 91 Primary Lagoon. C. Person(s) Taking Measurements Joe Mud ncia. a: date of Measurement E. Methods/Devices Used for Measurement of; 4/13/2015 a. Distance'from th6 lagoon liquid surface to the. top of the sludge layer. ,Marked PVS pole b. Distance from -the lagoon liquid surface to the bottom (soil) of the lagoon. Same c. Thickness of the sludge layer.if making a,direct rrfeas6rem6nt'with "core sampler NIA F. Lagoon Surface Area (using dimensions at inside top of bank}: Q 4 (acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area..The lagoon may have bean built different thari designed, so measurements should be made.) G. Estimate number'of sampling points:, a. Less than f.33 acres 1 b. lfmore than 1.33 ac; .0 acres x 6 G , with maximum of 24. (Using sketch -and dimensions, develop a uniform grid that, has the same number of intersections as the estimated number of sarip€ing points.n.eeded Number intersection points'on the lagoon grid so thaCdka. recorded at.each-can be eas€ly matched.) H. Conduct sludge survey and, record data can Sludge -Survey Data Sheet" (Appendix,2). Also,-at,the locationof the pump intake, take ineasueements of distance from liquid surface tg top of.slud9e Payer and record iton-the Data Sheet (last row);this must be At -least 2.5 ft. when irrigating. 1. At the time of the survey,: also measure the distance from the. Maximum Liquid Level to the Present Liquid Level (measure at_the.lagoon. gauge pole): 4..1. J. Determine the distance from.the fop of. Dame. to he Maximum Liquid Level i 5 (use lagoon management plan or other lagoon records) K. Determine.the;distance front the Makimurn Liquid to the Minimum Liquid level: 0.4 (use -lagoon management planor other lagoon, records): L. Calculate the distance -from the present liquid surface level.to the Minimum Liquid'Level 0.1. (item K Minus Item I, assuming the present Wuld; level is below the Maximum liquid Level) M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points) 9.9 N. Record frorr3 the'Sludge Survey Data Sheet the distance from.the present liquid surface -level to the top of the sludge layer (average for all,,the measure-meht,points) 8.1 0, Record from the Sludge Surrey Data Sheet the average thickness of the sludge layer: P. Calculate the thickness of the existing Liquid Treafm itZone (Item N minus Item L),. 8,2, G. If Item a is greater than Item-P, proceed to the*orksheei for Sludge Volume: -and Treaiment. Volume. If Item O is equal to or less than:ltem P, you do no)jhave to. determine volumes. Completed by; Millie Langley --) - Date: 411-3/2015 Print Name !Signature Appendix 2. Sludge Survey Data She6t* Revised AO&st 2008 Lagoon Identification. C� Completed by:' - Millie Langley Print Narne D6te: �-4/13/2015 (A) C-) - (B Grid Poihi Distance from liquid surface Di.staric& from liPuld _surface thickness of . sludge I . ayer No:. to top. of sludge to lagoon bottom soil), Ft. & in, Ft. (tenths), Ft. &Jri, Ft. (tenths) Fl, & in. ft (tenths) 1 5 6 5-5, 7 6 7.5. 2".0: 2 6 6 fi.5 a 6 8.5. ZG 3 -8 a 8.0 la 0 10.0 - 2.6 7 o 7.0 7 .6 7.5 0.5 5 8. 6 81.5. 1 - 0 '0 10.0 1-.5- 6 9 0 9.0 10 6 -10.5 1.5 7 8 0 8,0 .10 .0 IO.Q 2.6 8 10 .0 10.0 Q .6 '12.5 2.5 9 9 '6 9.5 12 0 12,0 2 .5 10 8 6 8.5 TO 6 10.5 2.0 .11 6, 6 6.5 6 8.6 2.0 12 6 6 6.5 8 :0 8.0 11,5 13 8 6 8"5 0. 6 10.5 7.0 14 10 .0 '10,0 11 6 11,5 1.5 1-$ s 0 9.0 10 �O 10.0 1-0 16 9 0 9.0 10 .6 10.5 1.5: 1.7 .0.0 0.0 0.0 .0 18 0.0 0.0 0.0 19 0.0 0.0 OG 20 0.0 0 0 0.0 21 0.0 -0.0 0.:.0 22. OO 0.0 0-0 23 0.0 0.0 0.0 24 0.0 .0,0 Number of points with.-riabdirigs i r.0 X X. i&b X X 16,0" Average of X 8.125 X :X. 9,875 X.. X. points At pump .G. 0.0' X X X X intake *All. Grid Points: and corre.spon.ding sl.Udge layer thicknesses rnuthe shown on a sketch%.attach6.d'to: this SlOdge,Zurvey Nta Sh6et. Appendix 1. Lagoon. Sludge Survey Form Revised August. 2008 A Farm Permit or DWQ Identification Number 41-16 B. Lagoon Identification #2 Secondary Lagoon C. Person(s) Taking Measurements Joe Hudyncia D. Date of Measurement 4113/2015T E. Methods/Devices Usbcis for Measurement of: a. Distance from the lagoon liquid surface'to the top of the.slud4.e layer. MarkediPVS Dole b. Distance from the lagoon liquid sUrface'to the bottom (sail).of the lagoon, Same c. Thickness of the sludge layer if making a direct measurement with "core, sampler". N/A F.-Lagoon Surface Area {using dimensions at inside top of bank):. 0 48 (ac(es} (Draw a. sketch of the.lagoon ona separate sheet;. list dimensions,. and catculate surface area. The lagoon may have been built different than designed, so measurements should be'niade'.) G: Estimate nuinber of sarhplin!O'points: a. Less than 1.33 acres: LJse,Bp�if1J� b. If more than 1.33 ac. 6 acres x 6 = 0 ,with maximum: of 24. (Using sketch and. dimensions; develop a unitorm grid that has the same number 6f intersections as the estimated number of samp.ling,points needed. Number the intersection; points'on.the lagoon grid so that data recorded at each can be easily matched.) .H. Conduct-sludge.survey Gild record data on. "SludgeSurvey Data Sheet" (Appendix 2j. Also, at:the location of the pump intake, take measurements of distance from -liquid surface to top_of,sludge layer and record it on the Data:Sheet (last row); -this must be at least'2.5 ft. when irrigating. L At.the time of.the survey; also measure the distance. from the. Mai lmum Liquld Level to the Present.I_iquid Level (measure at the lagoon gauge pole): J. Determine the distance from the top of bank,to the Maximum Liquid Level 1.5 (use lagoon management plan or other lagoon records} K. Determine the-diMance from the Maximum Liquid to the Minimum Liquid level: 0:0 (use lagoon management plan or other lagoon:. records) L. Calculate the distance from the'pr6sent liquid surface level to'the Minimum Liquid Level -46 (item K Minus Item f, assuming the pre'seht:liquid level is below the Maximum'Liquid.Level) M. Record from the Sludge.Survey Data. Sheet the'distance from the present liquid surface level to the lagoon bottom (average•for all themeasurement points) 10.4, N..Record from.the Sludge.Sijrvey Data Sheet the djstance..from the present liquid surface -level to the top of the sludge layer (average for all the measurement points)-. 0. R.ecord: from the Sludge Survey Data Sheet the average thickness of`the.sludge Payer. M1 P, Calculate the thickness of the existing Liquid Treatment Zone (Item N minus Item L): 10.0 Q. If item, 0 is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume. If Item 0 is equal to or less than Item P, you d othave to•determine volumes. Completed by: Millie Lan le • Date: 4/13/2015 Print Name /Signature' Appendix 2, Sludge Survey Data SheeV Revised August 2008 Lagoon ldeniificafibn 5f-CQQAI Completed by: Millie Langley- Date: Print Name. Signatu re 4/13M15 (A) E3 (C-) (C)-(B) Grid Point Distance from liquid surface Distance from liquid surface Thickness.of sludge laV& to to of sludge .to lagoon bottom soil) Ft. & in. Ff. (tenths) Ft. & in. Ft. (tenths) Ft. Un. Ft. (tenths) 6 61 6.8 7 '6 7.5 1.0 2 6 6 ra. 5 10 6 1'6.5 -4.0 3 9: 0 9.0 10 6 10.5 1.5 4 10. -1 OLO 10 -6 ---.10.5 0.5 5 10 6 10.5 11 0 M.P. 0,5 6 Id 6 -16,5 11. 0 11.0 .0.5 7 IG 6 '10.6 111 0 11.0 0.5 .8 10 '6 10,5 11' 0 11.0 6.5 9 19 0 1-0.0' 10 6 10.5 .0.5 10 10 0 10.0 10 6 10.5 65 11 10 6 10,5 1.1. 0 11.0 12 8 0 &0 -10 0 10.0 2.0 13 0 0 0.0 0 .6 0.0 O'D 14 0 0 0.0 0 0 O..Q 0.0 15 0. .0 0:6 a 6 0.0 0.0 16 0 0 0.0 0 0 0.0 0'0 17 0.0 0-0 0.0 1 a 0.0 0-0 0.0 19 0.0 0.0 01'0 20 .0.0 :0.0 U 21 0.0 -0.0 0.0 22 010 .0.0 0.0 23 0.0 '0.0 24 0.0 6.0 O.'o Number of points with readings 110 X X, 12;0 X X .12.0 Av&age of X, 9.375 X X 10.417 X X points ..... . . . . . . . Atj?UMP I 0.0 I X X, X X X X :intake - *All Grid Points and.dorre#ionding sludge layer thicknesses must be'shown on a sketch attached to this Sludge Survey Data Sheet. Appendix 3. Worksheet for sludge volume and treatment volume Revised August 2008 The average thickness of the sludge layer and the thickness of the existing liquid (sludge -free) treatment zone are determined from the information on the Lagoon Sludge Survey Form ( Items O-and P, respectively). In this example, the average sludge layer thickness is 2.5 feet and the existing liquid treatment zone is 3.5 feet. If the lagoon has a designed sludge storage volume, see notes at end of the worksheet. The dimensions of the lagoon as measured and the side slope are needed for calculations of sludge volume and of total treatment volume. If the lagoon is a standard geometric shape, the sludge volume and the treatment volume in the lagoon can be estimated by using standard equations. For approximate volumes of rectangular lagoons with constant side slope, calculate length and width at the midpoint of the layer, and multiply by layer thickness to calculate layer volume, as shown in the example. For irregular shapes, convert the total surface area to a square or rectangular shape_ For exact volumes for lagoons with constant side slope, the "Prismoidat Equations" may be used. Example Your Lagoon 1, Average sludge Layer Thickness (T) 2.5 ft. 1.8 ft. 2. Depth of the lagoon from top of bank to bottom soil surface (D) 11 ft. 9.9 ft. 3. Slope = Horizontal/ vertical side slope (S) 3 2.0 4. Length at the top of inside bank (L) 457 ft. 177.0 ft. 5. Width at top inside slope (W) 229 ft. 93.0 ft, 6. Length at midpoint of sludge layer Lm= L-2S(D-(T/2)) 398.5 ft. 141.0 ft. 7. Width at midpoint of sludge layer W,= W-2S(D-(T/2)) 170.5 ft. 57.0 ft. 8. Volume of sludge (Vs) Vs=L,,, W,, T 169,860 ft' 14,065 ft3 9. Volume in gallons: Vsg=V'7.5 gal.lft3. 1,273,950 gal. 105,486 gal. 10, Thickness of existing liquid tmt. zone (Y) 3.5 ft 8.2 ft 11. Thickness of total treatment zone (Z) Z= T+Y 6 ft 10.0 ft 12. Length at midpoint of total tmt. zone LZ = L-2(S)(D-(Z/2) 409 ft. 157.5 ft. 13. Width at midpoint of total tmt. Zone WZ = W-2(S)(D-(Z/2) 181 ft. 73.5 ft. 14. Volume of total treatment zone (Vz) Vz = LZ WZ Z 444,174 ft3 115,358 ft' 15. Ratio ( R ) of sludge layer volume to total Treatment Volume R = VsfVz 0.38 0.12 If the ratio R exceeds 0.50, than a sludge Plan of Action may be required. Check with DWO for information on filing the Plan of Action. Note: If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from both the volume of sludge (Vs) (Item 8) and from the volume of total treatment zone (Vz) (Item 14), and take the ratio. Then, R = (Vs-DSSV) f (Vz - DSSV) Example: If DSSV = 85,000 ft3, then R = (169,860 - 85.000) / (447,174 - 85,000) = 84,860 f 362,174 = 024. 16. Design sludge storage volume (DSS /) 85,000 17, Ratio (R) of sludge layer volume to treatment volume adjusted for designed sludge storage volume 0.24 0 12 Appendix 3. Worksheet for sludge volume and treatment volume Revised August 2008 The average thickness of the sludge layer and the thickness of the existing liquid (sludge -free) treatment zone are determined from the information on the Lagoon Sludge Survey Form ( Items O and P, respectively). In this example, the average sludge layer thickness is 2.5 feet and the existing liquid treatment zone is 3.5 feet. If the lagoon has a designed sludge storage volume, see notes at end of the worksheet. The dimensions of the lagoon as measured and the side slope are needed for calculations of sludge volume and of total treatment volume. If the lagoon is a standard geometric shape, the sludge volume and the treatment volume in the lagoon can be estimated by using standard equations. For approximate volumes of rectangular lagoons with constant side slope, calculate length and width at the midpoint of the layer, and multiply by layer thickness to calculate layer volume, as shown in the example. For irregular shapes, convert the total surface area to a square or rectangular shape. For exact volumes for lagoons with constant side slope, the "Prismoidal Equations" may be used. Example Your Lagoon 1. Average sludge Layer Thickness (T) 2.5 ft. 1.0 ft. 2. Depth of the lagoon from top of bank to bottom soil surface (D) 11 ft, 10.4 ft. 3. Slope = Horizontal/ vertical side slope (S) 3 2.0 4. Length at the top of inside bank (L) 457 ft. 308.0 ft. 5. Width at top inside slope (W) 229 ft. 140.0 ft. 6. Length at midpoint of sludge layer LR, = L-2S(D-(T/2)) 398.5 ft. 268A it. 7. Width at midpoint of sludge layer WR,= W-2S(D-J/2)) 170.5 ft. 100.4 ft, B. Volume Of sludge (Vs) Vs=L", W,, T 169,860 ft3 28,077 ft3 9. Volume in gallons: V%=V-7.5 gal./ft3. 1,273,950 gal. 210,574 gal. 10. Thickness of existing liquid tmt. zone (Y) 3.5 ft 10.0 ft 11. Thickness of total treatment zone (Z) Z= T+Y 6 ft 11.0 ft 12. Length at midpoint of total tort. zone LZ= L-2(S)(D-(Z/2) 409 ft. 288.4 ft. 13, Width at midpoint of total tml. Zone Wz = W-2(S)(D-(Z/2) 181 ft. 120.4 ft. 14, Volume of total treatment zone (Vz) Vz = LzWZZ 444,174 ft3 382,386 ft3 15. Ratio ( R ) of sludge layer volume to toW Treatment Volume R = VsNz 0.38 0.07 If the ratio R exceeds 0.50, than a sludge Plan of Action may be required. Check with DWQ for information on filing the Plan of Action. Note: If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from both the volume of sludge (Vs) (Item 8) and from the volume of total treatment zone (Vz) (Item 14), and take the ratio. Then, R = (Vs-DSSV) / (Vz - DSSV) Example: If DSSV = 85,000 ft3, then R = (169,860 - 85,000) / (447,174 - 85,000) = 84,860 / 362,174 = 0.24. 16. Design sludge storage volume (DSSV) 85,000 0 17. Ratio (R) of sludge layer volume to treatment volume adjusted for designed sludge storage volume 0.24 Sludge Estimate Data Sheet For estimatin stud a in lagoon. v-. �1� �LAJ Lagoon ID rW Completed b Date 13 �20 Freeboard 01) 01) Grid Point Distance to top of Sludge Layer* Distance to bottom of La oon! Thickness of Sludge Layer 1 �, ] 2 4� 4 '7, S r 5 5 O, s q C) to, 5 7 K 9 `� �t� b � 10 MG: O,c 9 , 0 11 6,5 .2. l0. 12 1. 13 a , 7 14 I,� 1,5 15 101 0 16 `'i , v ) C) { S 17 18 19 20 21 22 23 24 Average `Record distance measurements in tenths of a foot from the water surface. Sludge Estimate Data Sheet For estimating sludge in lagoon. Lagoon ID 5ec6n66VLj (Wer-) 1 `:)( Completed by n(1 ti k 14 c r u r P L6', r'�- Date 43 1 �j Freeboard 0, Grid Point Distance to top of Sludge Layer* Distance to bottom of Lagoon* Thickness of Sludge Layer 1 2 5 O,S 3 4 (Q,0 I0,15 0,5 5 10.5 0. D n, J 6 1b5 11, 0 7 I [� . S R I, 0 0 .'.� 9 0,5 10 D to ,5 ,5 11 to5 12 o lo-D 13 14 15 16 17 18 19 20 21 22 23 24 Average *Record distance measurements in tenths of a foot from the water surface. m (3�15 AA���t� t -�,t 4-a`P (6Id �cc'Nccn) — 0 / 7 r a61 eko Lacpo(--,) � (Ao - it ■ Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 410016 Facility Status: Active Permit: AWS410016 ❑ Denied Access inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Guilford Region: Winston-Salem Date of Visit: 03/19/2015 Entry Time: 12:50 pm Exit Time: 3:00 pm Incident # Farm Name: Bruce A. Humble Owner Email: Owner: Bruce A Humble Phone: 336-685-0720 Mailing Address: 6632 Smithwood Rd Liberty NC 27298 Physical Address: 6653 Smithwood Rd Liberty NC 27298 Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: 35' 54' 58" From WSRO: 1-40 east to NC Hwy 61 south, Right onto Hwy fit. Left onto Smithwood Road Question Areas: Dischrge & Stream impacts Records and Documents Waste Col, Stor, & Treat Otherlssues Longitude: 79' 33' 45" Waste Application Certified Operator: Bruce A Humble Operator Certification Number: 20382 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Bruce A Humble Phone: 336-685-0720 On -site representative Bruce A Humble Phone: 336.685-0720 Primary Inspector: Inspector Signature: Secondary Inspector(s): Inspection Summary: Phone: Date: 031,?-Cj page: 1 Permit: AWS410016 Owner - Facility : Bruce A Humble Facility Number: 410016 Inspection Date: 03/19/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine 4. Mr. Humble may want to close lagoons. See technical specialist for assistance. 4. Waste is at maximum liquid level today in both lagoons. Upper stage lagoon is even with overflow pipe and lower lagoon level is orVat "start pump" or maximum. Mr. Humble did not notify DWR-WSRO. 7. Cattle are grazing on the lagoon dams causing denuded and worn places on the top. Must get cattle off lagoon dams immediately. 15. Fields 4, 6, and 7 are denuded due to excessive cattle activity and grazing. 21. December 2014 application events did not have waste anaysis within 60 days. - 21. Waste analysis for May and June 2014 application events completed. Mr. Humble is still waiting on waste analysis for March 2015 applications to be completed. 21. Soil test due in 2016. 24. Calibration required in 2014 was not completed. Operator had not measured ring diameter and determined flow rate. 24. Need to locate irrigation design and specs and maintain on site with records. Contact tecnicai specialist for assistance. Please send with copy of 2014 WUP to DWR Regional Office. 25. Sludge survey required in 2014 was not completed. 30. Waste level in lower lagoon has been at or above maximum liquid mark every day since January 1, 2015. Mr. Humble did NOT notify DWR as.required by the permit. page: 2 Permit: AWS410016 Owner - Facility : Bruce A Mumble Facility Number: 410016 Inspection Date: 03/19/15 Inssection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine Swine - Feeder to Finish 11470 450 Total Design Capacity: 1,470 Total SSLW: 198,450 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Lagoon LOWER STAGE 18.00 Lagoon UPPER STAGE 6.00 page: 3 Permit: AWS410016 Owner - Facility : Bruce A Humble Facility Number: 410016 Inspection Date: 03/19/15 Inppection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No Na No 1. Is any discharge observed from any part of the operation? ❑ M ❑ ❑ Discharge originated at - Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ 0 ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ M ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ M ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na Ne 4. Is storage capacity less than adequate? M ❑ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large ❑ ■ ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ ■ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ® ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ®❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ M ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ M ❑ ❑ maintenance or improvement? 1.1. Is there evidence of incorrect application? ❑ M ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? [] PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manurelsludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? [] Application outside of application area? ❑ page: 4 Permit: AWS410016 Owner - Facility: Bruce A Humble Facility Number: 410016 Inspection Date: 03/19/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Fescue (Hay, Pasture) Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ■ ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ®❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ M ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? [] If Other, please specify 21. Does record keeping need improvement? S ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 5 Permit: AWS410016 Owner - Facility : Bruce A Humble Facility Number: 410016 Inspection Date: 03/19/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ 0 ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the M ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ E ❑ ❑ 2T Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ E ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ 0 ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ® ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ E ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ E. ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ ®❑ ❑ 34. Does the facility require a follow-up visit by same agency? H ❑ ❑ ❑ page: 6