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HomeMy WebLinkAbout760005_CORRESPONDENCE_20171231Water Resources Environmental Quality Kimberly Griffin KLS Swine Farm, LLC i'O Box 130 Liberty, NC 27298 Dear Kimberly Griffin: N C Department of 0 Environmental Quality Received F SEP 0 6 2017 Winston-Salem Regional Office September 1, 2017 RDY COOPER Governor MICHAEI_ S. REGAIN Secre'luiv S. JAY ZIMMERMAN Director Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS760005 KLS Swine Farm, LLC Animal Waste Management System Randolph County The Division of Water Resources (Division) received your sludge survey information on August 16, 2017. With the survey results, you requested an extension of the sludge survey requirement for the lagoon at the KLS Swine Farm, LLC facility. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until December 31, 2021. The next sludge survey for the lagoon at this facility should be performed before December 31, 2021. Please call me at (919) 807-6340 if you have any questions. Sincerely, Miressa D. Garoma Animal Feeding Operations Program cc: Winston-Salem Regional Office, Water Quality Regional Operations Section Permit File AWS760005 -:�_�Nothing Cornpares7_,_ State of North Carolina I a vinmmentaI Quality I Division of hater Resources Hater Quadty Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 2769-9-1636 919-707-9129 SI uoGE SURVEY METHODSWR ANAEROBIC LAGOONS APPENDIX 1. LAGOON SLVDGF SURVEY FORH1 REVISED AUGUST 2008 --7 4{LS S c� , , o � t_ "'n A. Farm Permit or DWQ Identification dumber r1° P •� • � `� 8. Lagoon Identification C. Person(s) Taking Measurements D, Date of Measurements f' l%" I�- E, Methods/Devices Used for Measurement of: „ a. Distance from the lagoon liquid surface to the top of the sludge layer; Q��� W,�E. 1 r nGx.�L,�,:sti �� b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: u� u'-"�r c. Thickness of the sludge layer if making a direct measurement with "core sampler": P. Lagoon Surface Area (using dimensions at Inside top of bank): 1�J-3__(acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area. The lagoon may have been built differently than designed, so measurements should be made.) G, Estimate number of sampling points: a. Less tha+l 1 .33 acres: Use 8 points. b. If more than 1.33 acres, acres x 5 = , with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H, Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). Also, at the location of the pump intake, take measurement 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. I, At the time of the sludge survey, also meas�:re the distance from the Maximum Liquid Level Lo the Present Liquid Level (measure at the lagoon gauge pole): _ �,._ 1, Determine the distance from the top of bank to the Maximum Liquid Level: 3� r (use lagoon management plan or other lagoon records.) P+ K. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level; •u' a (Use lagoon management plan or other lagoon records.) L. Calculate the distance from the present liquid surace level to the Minimum Liquid Level: _L— (Item K minus Item I, assuming the present liquid level is below the Maximum Liquid Level.) M. Record from the 5ludge Survey Data Sheet the distance from the present liquid surface level to the lagoon botturn ��i rr (average for all the measurement points). ra �-._ N. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): ' _ `/4 111 . O. Record from the Sludge Survey Data Sheet the average Lliickness of the sludge layer: P. Calculate the thickness of the existing Liquid Treatment Tone (Item N minus Item Q: Q. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume. If item D is equal to or less than Item P, you do not have to determine volumes. � Completed by: �m �Cr�'ti-� Dater-�U• � �' _ '— S nature Print Name g 8 NORTH CAROLINA COOPERATIVE EXTEN510N SERVICE APPENDIX 2. SLUDGE SURVEY DATA SHEET* REVISED AUGUST 2008 Lagoon Identification: � (0 . 0,5, Completed by: cop, • � r-- _ � - � Date: j? - i Print Name 5iq rd e (B) (C) (A) Distance from liquid Distance from liquid surface (C) minus(B) i i Grid surface to top of sludge I to lagoon bottom (soli) Thickness of sludge layer IPoint No. {_ ft a In. ! ft (tenths) ft St in.-- Ft (tenths) ft & in.. ft (tenths) l - _-X- -!! IjI T r 22�1 4�Ts- i �r ?_d� 4- U / Q . U I 3. C_> d �a.s� .�. - y ad 3. qc? - Ii -� 5 U- — I y-Q--r — ya. D _ •_a . U _do i 9 __ _._..._...._.._._._ { l i7 _._. __. _._.____.....1—.._.. � ___.._._m._......._......._. _..-_. ---- i I 12 3 1314 I 4--..----- i 1- 19 20 21 I 22 j I 23 24 j x Number of points with 1 I X readings 1 j Average of p olnts i I Ai pump � Lf 1 intake "7 r Q x k 7[ x 7C 'All Crld Points and correspunding sludge layer t1iicknesses must be shown on a sketch attached to this Sludge Survey Data Shect. See Appendix 4 for conversion from inches to tenths of a foot. ,- �P, ai i+1-q A c U fZ d-m e h j- Iq vo. i ;7 Rosebrock, Melissa 11 From: Rosebrock, Melissa Sent: Friday, August 11, 2017 10:01 AM To: Kim Griffin Cc: Joshi, J.R.; Lawson, Christine Subject: KLS Swine Calcs - #76-05 Randolph County Attachments: Swine Calcs KLS Swine -Randolph Co. #76-S.pdf Kim, Thanks again for your time at yesterday's inspection. This is to follow-up on your questions related to potential farm buyers, changing animal types, etc. Attached are some DRAFT calculation ESTIMATES regarding swine type, numbers, steady state live weight (SSLW), and plant available nitrogen (PAN) produced. I have noted that you have had no pigs since 2016. You will notice on the attachments that when the SSLW is equal across animal types that the PAN produced goes WAY over the allowable PAN and swine numbers go WAY over your permitted number. These are both potential compliance problems. Also, you are already within one (1) acre of the acreage available for handling all the PAN currently produced, so that is a problem to consider as well. I am copying the folks in Raleigh who handle permitting so that they may give you a better and more accurate ESTIMATE of your options since it is more complicated issue than I typically deal with. Let me know if you need anything else, though. Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile m_e l issa . rosebrock[a7 node n r,g ov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public F?ecords Law and may be disclosed to third parties, Swine Permit Calculations I I I I I i 1 I 1 l Swine Permits Calculation Sheet ` I Farm Number I OL❑ I I Farm lumber I N E !'►'��1 I I I I I I Ni'ean to Finish:l 01 DI 01 01 0 45181 51957Di 149551 54184221 731 Wean to Feeder:l 01 01 01 01 0 1 Ql 01 01 0 Feeder to Finish:: l 01 01 01 0 1 01 QI 01 Farrow to Wean:1 12001 5196001 II156D1 38544001 7320 01 01 01 01 0 Farrow to Feeder:j , 01 01 01 0 QI 01 01 01 Q Farrow to Finishd 01 01 UI 01 0 0[ 01 01 01 Roar / Stud:1 01 01 01 61 0 .01 01 (11 01 Gilt.:] 01 01 01 01 01 91 1400 I 519570 1 14955 54584221 731 TotaLs: 1200 if 5196001 10560 3854400 732 1 I I I ! I I I I 1 I I I I I I Ls oon Calculations 1 I 1 1 1 1 1 I I I I I I 1 I I 1 ! Required'Urt. 348132 cu It 1 I 519570 cu ft I I 1 Sludge Storage 88332 cu ft 1 129893 cu It 1 1 1 Temp Storage 254118 cu If 180 days Oorage 1 359870 cu ft I 1801days storage 1 Total [rapacity 690582 cu It (with Mudge.torage 1 1009332 eu ft 1w'ith sludge storage 1 Total capacityl 602250 cu ft f without sludge storage 1 879440 cu ft lwithout sludge storage 1 I I I I 1 I I 1 I Land Requirements 1 1 1 I I 1 1 Irrigated I Broadcast I Incorporated I Injected 1 Irrigated I Broadcast 1 Incorp I Injected I Pearl} PAN 4620 5880 10OX61 11 160 liquid 6777 1) 0 0 liquid 01 1056 12001 1320 sludge 01 0 01 0 sludge 1 48601 1 1 12-Stage redur U1 I I 12-Stage redur I'n 0 5880 100801 11160 6777 0 0 0 NEW PAN: 4620 69361 112801 12480 67771 01 01 0 OLD PAN' 6480 { 1 I 8855.28 1 1 Page 1 Swine Permit Calculations i I I I I 1 I I 1 I Swine Permits Calculation Sheet ` Farm Number I OLD I Farm 'Number I NEW I I I 1 I I 1 Wean to Finish.] 01 01 01 01 0 1 01 01 01 Wean to Feeder;1 0[ 01 01 01 0 17300] 5190001 105531 38518451 726 Feeder to Finish.] W p1 U1 0 t1 I11 01 0. Farro" to1Vcan: 1 120015196001 105601 38544001 7320 01 01 01 01 Farrow to Feederd I 01 01 01 0 01 01 01 01 Farrow to Finish:[ 01 01 01 01 0 01 UI 01 01 Hoar 1 Stu d:1 01 01 01 01 0 01 01 01 01 ("ills-1 01 01 01 0 01 U` 01 01 Tot211 1200 1 519600 'f I 0.56q 3M44001 732C 1400 [ 519000 10553 38518451 72 Lagoon Calculations I 1 1 1 1 1 I 1 1 I I ! f 1 I 1 I k Required 7Yt• 348132 cu ft 1 1 519000 cu ft I 1 1 Sludge Storage 88332 cu ft 1 1 1 129750 cu ft Temp Storage 254118 cu ft 1 1801da►s storagr 1 253949 cu ft 1 1801da}s uorne 1 Total Capacity 690582 cu ft Iwith sludge storage 1 902699 cu ft (with sludge storage 1 Total capacity 602250 rtt ft lwithout sludge storage 772949 cu ft (without sludge storage 1 I I ! I I 1 I I 1 Land Requirements I I I 1 1 I 1 I ! Irrigated I Broadcast I incorporated I Injected 1 Irrigated I Broadcast I Incorp I Injected Pearl PXNJ 46201 588U 1 100801 11 160 liquid 6920 7612 12975 14359 liquid 01 1056 12001 1320 sludge 01 13151 15571 1695 sludge 1 48601 1 1 12-Stage redux 62281 1 1 12-Stage redur f'n p 5880 100801 11160 6920 76121 12975 14354 NEW PAN; 1 4620 69361 112801 124801 6920 99271 145321 16054 OLD PAN 6480 I 1 8304 Page 1 Swine Permit Calculations ! I I ! I I 1 I ! I Swine■ Permits Calculation Sheet IForm Number TOLD I I iFarm lumber ANEW I }I I I I I I I I Wean to Finish:l 01 01 01 01 01 01 01 01 Wean to Feeder:! 01 01 01 01 1 01 01 01 0 Feeder to Finish-.11 th 01 01 01 1 01 01 01 Farrow to l4'ean:l 12001 5196001 105601 38534001 732[ 01 01 01 01 0 FArro- to Feeder:1 01 01 01 01 01 01 01 Page 1 0 Rosebrock, Melissa From: Rosebrock, Melissa Sent: Thursday, July 07, 2016 11:55 AM To: Kim Griffin Cc: Joshi, J.R.; Robinson, Jeff Subject: Converting to Feeder to Finish/Nursery Attachments: Swine calcs-July 2016.xls Kim, Based on the attached, it looks like an operation that was once 1400 feeder to finish could go to 1050 feeder to finish and 1571 wean to feeder. The numbers are approximate since a technical specialist is probably using a software program that may use different coefficients but you get an idea. Note that the amount of PAN goes up slightly as well as the waste volume produced. Again, discuss this with the technical specialist. According to our permitting folks, a new application is not needed unless the name, address, etc. has changed. We do need a letter from the producer stating what he/she wants to do, including the estimated date for the new animals. Also, the technical specialist will need to complete a new certification form and new waste plan. Both of these must accompany the request letter. Hope this answers your questions. Let me know if you need anything else. Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile me l iss a. rosebrock ft ncden r.g ov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Nothing Compares_-,,.� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Swine Permit Calculations Avj� Swine Permits Calculation Sheet lFarm Number J O L U I I I FFarm Number I Ni E W I }I �I # I _ I I I I Wean to FFini.,h:1 01 01 01 01 0 01 01 01 01 0 'Wean to Feeder: k ' 01 D 01 0 15711 471301 9S8I 349783I 660 Feeder to Finish:1 140411 1890001 3780 1 13797061 2660 1wgll1 1417501 28351 111347751 1995 Farrow to Wean: 1 I 01 01 01 0 I 01 01 01 0 Farrow to Feeder:[ 111 DI 01 01 [l 01 t11 01 01 u Farrow to Finish:1 t11 01 01 01 0 01 01 01 01 Hoar 1 Stud :l ill 01 01 01 0 01 01 01 01 'Gilts-.1 01 01 01 0 01 (11 ill 0 Totals: 11400 189110u 3781E 1379700 2661! 262E IMMU 3793 138457 2655 I I ! I I 1 1 I I La o(pn Calculatinus I 1 I 1 1 I I I I 1 I 1 I 1 i I Required Trl. 189000 cu ft 1 1 I4988g0 cu ft 1 1 l Sludge Sturagc 472511 cu fl I 1 1 47220 cu ft I l I Temp Storage 90963 cu ft 1 1801days storage I 91283 Cu ft ! 1801da)s storage I Total Capacity 327213 eu fl lwith sludge storage l 327383 cu ft (with sludge storage I Total Capacity I 279963 cu fl (without sludge storage 1 280163 cu ft (without sludge storage I k I I 1 1 I I I I Laud Ite uiremen[s 1 I I # I ! 1 I I Irrigated I Broadcast I Incorporated I Injected k Irrigated I Broadcast I Incorp I Injected I 2"early PAX 2478 294D 5180 5600 liquid 24ti7 2896 5063 5504 liquid 01 5181 630 672 sludge 0 ;osl 6141 658 sludge 1 24151 1 1 12-Stage redux 2377E 1 1 12-Stage rcdux To 78 2940 1 5180 5600 2487 2896 5063 5504 NEWI':11': 2478 3458 581U 6272 IF 2487 344"L 56771 6162 �-PIVN3220 I l _ I I I 3169.08: r1 � I Page 1 0 0 Rosebrock, Melissa From: kimsgriff kimsgriff@aol.com> Sent: Tuesday, January 05, 2016 2:16 PM To: Rosebrock, Melissa Subject: RE: Lagoon level Hey. l am 5 in above start pump mark. Have 23 plus ot'freeboard. Plan to start pumping tomorrow. Kim Scnt frorn my Verizon Wireless 46 LTFI srnanphorie -------- OriginaI message -------- From: "Rosebrock, Melissa" <trielissa.rosebrock a sicdenr.gov> !]ate: 01 /05/2016 11:47 AM (CiMrl'-05:U4) To: kimsgriff <k i msgri fr@1 aol.com> Subject: Rl": lagoon level Update? Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-81 3-7084 mobile melissa.rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 -- '`Nothing Compares,,,-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From: kimsgriff [mailto:kimsgriff@aol.comj Sent: Wednesday, December 23, 2015 1:35 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Subject: Lagoon level Just «anting to let u know I'm 2 inches above my start pump mark. Still have 28 inches available. Wish rain will stop. Flopc u have a Merry Christmas. Kim Griffin Sent from nn° Vernon Wireless 4G LTE.- srnarlphone 0 E N:C,Aept. of ENR AUG 082014 DEHd Winston-Salem G�\n R ivnat Off<ce North Carolina Department of Environment and Natural Resources Pat McCrory Govemor August 6, 2014 Kim Griffin KLS Swine Farm, LLC PO Box 130 Liberty, NC 27298-0130 Subject: Additional Information Request Application No. AWS760005 Howard Farms - Sow Randolph County Dear Kim Griffin: John E. Skvarla, III Secretary The Animal Feeding Operation Branch of the Division of Water Resources (Division) has completed a preliminary review of your renewal permit application package. Additional information is required before we may continue our review. Please address and submit the following item(s) within 30 (thirty) days of receipt of this letter: Missing Waste Utilization Plan: Our record show either a portion of or entire copy of Waste Utilization plan (WUP) or nutrient management plan (NMP) is missing with your permit application. Missing Copies of Field Maps: Our record show that the copies of the field maps are missing in your WUP or NMP. Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, dated and sent to my attention at the address below. Information can also be submitted electronically at Christine.Lawson@!icdenr.gov. Please feel free to contact me at (919) 807-6354 if you have any questions regarding this letter, Sincerely, L 1�1 if, tie ��C`n-:Cc.�.-v._M Christine B. Lawson Animal Feeding Operations Branch cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Unit Central Files - AWS760005 Carolina & Howard Farms 1636 h,lail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-So7-64641Internet: http:/Avwiv.ncdenr.gov/ An Equal [opportunity 1 Afririnaovo Action Employer — Made in pan by recycled paper Animal Waste Management Emergency Report Form Hurricane: Date call received: ; [Q l 1 L �2_6 1-3 40 Facility name: I L. (, Callers name: 1L 1 rv� �'o � Lte r\ Time call received: 2.4-�Le Facility number. _ Prone number: 31 7 Number of lagoons or waste storage ponds overflowing at the facility: 0 1 3�! 31a` For each -waste structure at the facility, list the number of inches remaining before waste could overflow the dam or discharge through the spillway, and the condition of the embankment: Structure inches Does the structure have ' Is the embankment a spillway (YeslNo) 2 3 Person taking call: structurally sound (YeslNo) aCA201210705944 SOS] D. 057H887 . �' ;s'�' LIMITED LIABILITY COMPANY ANNUAL w�� NAME OF LIMITED LIABILITY COMPANY: KI,S Swine Farm, L.L.C. SECRETARY OF STATE ID NUMBER: 0578887 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2012 SECTION A: SEGISTEREO AGEIIT. MORiMIAIM 1. NAME OF REGISTERED AGENT: KIMBERLY S GRIFFIN 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 3565 Old Liberty Rd Liberty, NC 27298 Randolph Date Filed -.411f12012 I1-.11:00 AM Elaine F.,NIarsha]I R North Carolina Secretary of State CA201210705944 Rkg Office Use Ony ® Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 3565 Old Liberty Rd SECTION 13'. PRINIC(PAL OFFKEjNE0RMAjLQN 1. DESCRIPTION OF NATURE OF BUSINESS: Swine Production 2. PRINCIPAL OFFICE PHONE NUMBER: (336) 622.4891 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5239 Shady Hollow Road Staley, NC 27355 Randolph Liberty, NC 27298 3. PRINCIPAL OFFICE EMAIL: 5. PRINCIPAL OFFICE MAILING ADDRESS PO Box 130 Liberty, NC 27298 SECTION C: MANAWSMEMBERMRGARIZEM tEnter additional ManagerslMemberslOrganizers in Section E.) NAME: Kimberly S. Gram NAME: NAME. TITLE: MemberlAfunueer TITLE: TITLE: ADDRESS: ADDRESS: P 0 Box 369 Liberty, NC 27298 ADDRESS: SECTION 0: CERTi%�F WIGIN-0F_ALNNUAL REP_ORL Section D mmti ust be Dorn in its entirety by a person/busines9 enty. ^s / SIG URE DATE Farm must be signed by a Manager/Member listed under SOGWr1 C of this Form. Prins or Type Name of ManagdrIN%mber TITLE THIS ENTITY DOES NOT QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTIQN GRANTED UNDER SL2010-31 Jill 11 SUBMILTki15�h[N41ALfiEPD$LY�TtLIHE$��1jgED EIL{NfiFEF.DE_i24D MAIL TO: Secretary of Stale, CorporaUrns DMgk)n, Post Office Box 29525, Raleigh, NC 27626-0525 Rand County, NC - Printable P�l Map IF -The data collection used to produce this media was last updated on 01/29/2013 @ 5:00:03 AM, Parcel ID Nbr 8715401606 Owner Name KLS SWINE FARM LLC Owner Address P O BOX 130 Owner Ctty/St/Zip I LIBERTY, NC 27298 Property Description R2543;END OF R❑ Area Location Map t7 f,. __ Map Legend - MuniciRglities ,i Shaded f Parcel Co►+eragets) Q Addresses Parcel Annotation » Lot Dimensions ® Lot Numbers Ej Parcel Numbers Parcel Lot Lines E] Legal Lot Lines ® Subdivisions (Outlined) ® Tax Parcels DatefTime Stamp 1 /29/2013 11:23:25 AM EST Wrsion 5.2 (August 20 t 2) Server: 01 All information on this media is prepared for She inventory of real property found within Randolph County. All data, including maps, is compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information. AN information contained herein was created for the County 's internal use" Randolph County, as agents and employees make no warranty as to the correctness or accuracy of the information set forth on dus media whether express or Fnpiod, in fact or in law, including without lunitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with Worth Carokm General Siatute 132-10" Grid is based on North Caroina State Plane NAD83. Close Window 00 Rosebrock, Melissa From: Kim Griffin [kimsgriff@aol,com] Sent: Monday, April 02, 2012 12:46 PM To: Rosebrock, Melissa Subject: Re: Lagoon Level 1 have 31 inches from maximum level. -----Original Message ----- From: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> To: Kim Griffin <kimsgriff@aol.com> Sent: Mon, Apr 2, 2012 11:58 am Subject: RE: Lagoon Level Thanks Kim. How far are you below the start pump (i.e. maximum liquid level)? Melissa Rosebrock E-mail Address: melissa.rosebrockancdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to thin! parties. From: Kim Griffin mailto:kims riff aol.com] Sent: Monday, April 02, 2012 11:05 AM To: Rosebrock, Melissa Subject: Lagoon Level Hi Melissa, Just wanted to let you know lagoon level is below start pump mark on April 2, 2012. 1 will continue to lower lagoon each day when possible. Thanks Kim Griffin KLS Swine Farm, LLC Rosebrock, Melissa From: Rosebrock, Melissa Sent: Monday, March 26, 2012 6:02 PM To: Kim Griffin Cc: Mitchell, Patrick Subject: RE: Lagoon Level Thanks Kim. Your "Plan of Action" sounds reasonable to me. If you encounter any problems just let me know. Melissa From: Kim Griffin [kimsgriff@aol.com] Sent: Monday, March 26, 2012 8:41 AM To: Rosebrock, Melissa Subject: Lagoon Level Melissa, l wanting to let you know from this rain in the past week my lagoon level is 1" above my start pump marker. With the forecast of no rain this week, I will be below the level and more by the end of week and weekend. I will e-mail you back on Mon(04-02-2012) to let you know where the pump maker is below start pump marker. If you have any gestions call me @ 336-314-989. Thanks, Kim Griffin KLS Swine Farm, LLC 0 'A is NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 8, 2009 Kim Griffin KLS Swine Farm PO Box 130 Liberty, NC 27298 Dee Freeman Secretary �o RECEtNEp tr.c. 0"�L Of ENR OCT 13 Mpg MA*to ,8014 , Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS760005 KLS Swine Farm Animal Waste Management System Randolph County [)ear Kinl Griffin: The 1)1vis1011 of Water Quality (Division) received your sILidge survey �inforniation- on Sep telllber .. 18, 2009.• With the survey results, you, requested an -extension of the sludge survey requirement for the lagoon at the KLS Swine Farm.facility.• Due to the amounts of treatment volume k, k available, the Division agrees that a sludge survey is not needed until 2013. The next sludge survey for lagoon at -the KLS Sw1tic Farm facility should be performed before t]ccernber 31, 2013, Thank you for your attention to this matter. If you have any questions; please call the at (919) 71 S-6937. ' Sincerely, k1tressa D. Garoma Animal Feeding Operations Unit cc: Winston-Salem Regional Office, Aquifer Protection Section Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, Noah Carolina 27604 Phone: 9IM07.63001 FAX: 919.807.64921 Customer 5ervice:1-877-623.6748 Internet. www.newaterquality.org An Equal OpporfuMy 1 Affirmalive Adior, Employer 0I1C Noi-thCw-olina NQtllfnilly o�OF w A r, �qQ C!J � ❑ 'C Kimberly Griffin KLS Swine Farm PO Box 130 Liberty, NC 27298 �� RECEIVEC N.C. Dept. of ENR li AUG 2 5 2008 Wlnston•Salem Reglanal OificU Dear Kimberly Griffin: August try, 2008 401 Michael F. Fasley, Gocer nr WiIIiam G. Ross Jr., Secretary North Carolina Department of EmimminMt and Natural Resources Colee-ra H. Sullins Director Division of Water Quality Subject: Sludge Survey Extension Request Certificate of Coverage No. AWS760005 Animal Waste Management System Randolph County The Division of Water Quality (Division) received your letter on August 20, 2008 by which you requested sludge survey exemption for the lagoon at the KLS Swine Farm facility. However, the request did not include the required Sludge Survey results. Please resubmit your request with the completed Sludge Survey results form. If you have any questions, please call me at (919) 715- 6937. Sincerely, �—Awd Miressa D. Garoma Soil Scientist cc: Winston-Salem Regional Office, Aquifer Protection Section Central Files Ni riliCarolina Aquifer Protection Section 1636 Mail Service Center lnurncl: wH w.ncw,t1nquality.oyg Location: 2728 Capiial Boulevard An Equal Op portun itylAff i rmaWe Action Employer- 50% Recycled 110% Post Consumer Paper Raleigh. NC 27699-1636 Telephone: (919) 733.3?71 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 .01 A - * NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Kim Griffen PO Box 130 Liberty, NC 272980130 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary May 19, 2010 Subject: Notice of Deficiency #NOV-2010-PC•0590 KLS Swine Farm Permit No. AWS760005 Randolph County Dear Ms. Griffen: During the Fall or Winter of 2009-2010, a representative of your animal operation informed the Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III. No. 13) 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 fallowing first knowledge of the.. , failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in ... this General Permit." We appreciate the fact that you reported the problem of high waste level as required by your permit and have worked with our staff to manage the problem once it occurred. While we recognize the extraordinary weather conditions existing at the time, the lack of adequate freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ. The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems have all been factors in our decision regarding enforcement. Upon review and consideration of the information submitted and/or discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency (NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for the high waste levels occurring between October 2009 and March 2010. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. This may include, but is not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and / or more flexible application equipment, and main- 585 Waughtown Street. Winston-Salem, North Carolina 27107 Phorie 336-771.50001 FW 336-771-4631 One Internet: www.ncwatergualq.om North C arol l n a An Equal Dpporlunityl krinT47liv0 Action Employar Naturally 0 10 High Freeboard NOD May 19, 2010 Page 2 twining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation. If you have any questions regarding this letter, please do not hesitate to contact the Winston-Salem Regional Office at (336) 771-5000. CC: 1NSRO Facility File D1NQ-APS-Animal Feeding Operations Unit Joseph Hudyncia — DSUVC WSRO APS Central Flies — Permit No. AWS760005 Sincerely, L Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section if PLAN OF ACTION *A) FOR HIGH FREEBOARD AT A&AL FACILITIES THIRTY (30) DAY DRAIN DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): ty r 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d, top of dike surface area according to design (area at below structural freeboard elevation) e. line c x line d x 7.4$ gallons - 12 ft Inches 7-2 inches inches J `i 5U C7 ft2 3. Projected volume of waste liquid'produced during draw down period f. temporary storage period according to structural design 7 gallons I �b days g. volume of waste produced according to structural design 0 (O W, t�yl' h. actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i +i) x 7,48 x 30 days line f 4. Total PAN to be land applied during draw down period 1. current waste analysis dated m. Hines e + k) x line I - 1000 1�4 0 ft3 ft3 ft3 gallons 0 X Ib/1000 gal. 30-6, 06 lb PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATfONS IN ALL WASTE STRUCTURES FOR FACILITY PoA (30 Day) 2121180 1 L lb PAN 1 . structure ID: m = 2. structure ID: line m = lb PAN 3. structure ID: line m = lb PAN 4. structure ID: line m = ib PAN 5. structure ID: line rn = lb PAN 6. structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6 = _/oC),0 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. a. tract # ?� Lj p. field # q. crop t L r. acres s. remaining IRR-2 PAN balance (lb/acre) SA t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' _ y 3 JL S u -�(1v 5 SS Sy -5 a Cj 1)5� S C4 o 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day drawn down period v. Total PAN available for all fields (sum of column t) 9 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE PoA (30 Day) 2/21100 2 w. Total PAN to be lan0pplied (line n from section Il) =0 NO, lb. PAN x. Crop's remaining PAN balance (line v from section Ill) lb. PAN y. Overall PAN balance (w - x) = - J&H^QV lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. if new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: U CSC'► tSr�-�"�'�c�`.�.? , haLlR 3/7 R U,o r 0q PoA (30 Day) 2121100 3 r M FAkK #36-05Ns-3o_a�- Worksheet 1. Calculating sludge storage volume for existing lagoons. " 1 Example: A 3, 720-head hag finishing farm has a lagoon that is 600 feet long, 205 feet wide, and 12 feet deep. The average weight of each hog is 735 pounds, The Waste Utilization Flan states that 753,300 cubic feet are allocated as the permanent treatment volume. The lagoon has an inside slope of 3:1. The producer takes 10 sludge depth measurements from various points around the lagoon. The average sludge depth is 3.8 feet. Is It time to remove sludge from the lagoon? Example Your Lagoon A. Permitted Steady State live Weight (SSLM s y or Average Live Weight (ALW). 50Z100 (lbs.) r(lbs.) (Multiply number of animals by average weight.) 90 8, Permanent Treatment Volume (cubic feet) 753,300 (cu.R.) (Cu.ft.) (Divide gallons by 7.481 to get cubic feel, if needed.) C. Divid e A into B. 1.5 If C is more than I.0, then go to 0. If C Is lass than 1.C, the Permanent Treatment Volume is less than recommended levels. Contact your technical specialist or NRCS representative to discuss options. D. Subtract A from B. 251,100 (cu.R1 This is the volume of AvalIable Sludge Storage for minimal manure treatment. E:. Average Sludge Depth. 3.8 (R j► Average of a minimum of 10 random depth measurements from around the lagoon- —� F. Inside Slope of the toga on. 3 s✓ G. Lagoon Depth- 12 {It-} fftj Measured from the top of the embankment to the r bottom of the lagoon. Fi Lagoon Length. 600 A) 0 C) (It) 1. Lagoon Width. 205 (ft) `, —d Al J. Bottum Length. Calculate: (H - 2 • F ' G) 528 A) v�t♦p ] f ) r � ' K. Bottom Width. Calculate: (I - 2 ' F, c) 133 (rt.) ) (ft) L. Average Sludge Volume, Calculate using the equation below. Vsludge •'1, FIE' + (FJE' + (FKE� + QKQ Hint 1. Multiply: (4 • F ' F ' E ' E ' EJ then divide by 3. 658.46 i t) 2. Multiply: (F ' J ' E ' E) — 22,872.96 7 c7j J 9 �r 3, Multiply: (F • K ' E • E) 5,761.56 3 ;3t 4. Multiply: O ' K ' E) 266,851.20 4_ 3 5, Add: 1 + 1 + 3 + 4 296,144.18 5 296,144 cu.tt.) ,77 7a�0 r4 '�cu.It. M. Compute D minus L -45,044 (cu.ff.) Negative values in step M indicate that sludge accumulation may be corr>promising I W n tfeatment efficiency and sludge should be removed. Positive values in step M indicate that sludge volume has not exceeded available storage. Monitor sludge depth and recalculate step L annually. 5.000 copies of this public document were printed al a cast of S1,455.00 or E.29 per copy. Published by IJORTHCAROUNACOO PERAT IVE EXTEN51ON 5ERVICE \11 5100-5 M-1lJGPrI r f00 3B814 AG•604 40 P C',rmit',inib er: �_�� 0 ATT : DENR Representati`•e :animal Feccling Operations Unit 1636 ,maii Service Center Raleich. 'INC 2-1699-1536 Attached is a cagy of my most recent Sludge Survey 4 1 4,4 ieci. S- This survey shows I currently have ! ft. of permanent liquid treatment —2-4 storage in my animal waste lagoon. which is more than the required four feet. Based on these findings I request to be exempt 1 from further sludge surveys far thc; I fe of my current permit, or the number of years you and your office deem adequate. Thank you for your consideration of this request. Signature of ann otii�:i r 7- -0-2 Date Michael F. Easley, Governor A. NCDENR North Carolina Department of Environment and Natural Resources FAX TRANSMITTAL Winston-Salem Regional Office Telephone: (336) 771-5000 Date: a� Iti No. of Pages (including this page) To: R', FAX No. RE: 7 [n — C6 Comments - William G. Ross Jr., Secretary FAX: (336) 771-4631 From: Telephone 3 o. h Winston -Salem Regional Office, 585 Waughtown Street, Winston-Salem, NC 27107-224 t Phone; 336-771-5000 I FAX: 336-771-4631 An Equal Oppoqunity 1 Aifirmalive Action Employer — 50% Recycled \ 10% Post Consumer Paper MEMORY TRANSMYSSWREPORT FILE NO. 682 DATE 08.25 10:48 TO 8919197150588 DOCUMENT PAGE'S 2 START TIME 08.25 10:48 END TIME 08.25 10:50 PAGES SENT 2 STATUS OK *** SUCCESSFUL TX NOTICE op TIME :08-25-'08 10:50 FAX NO.1 :3367714633 NAME :DENR 3367714633 1VC�7ENR North Carolina DePartment of Environment and Natural Resources Mich&%ol F. Easley, Governor FAX TFZANSMITTAL.. Winston -Salim F:Z©giorltal C)ffiaa Will1arn C+. FRr"m Jr„ Secretary T1 akuphon4: (3343) 771-5000 FOX: (3315) 771-41531 oats; No. QfF ow[ s (including this page) o 'r: —In'f W-e- 5T--5C--x- Fram: FTn.x rVo. Q _ I p $� TQlophan4 Rr_: off- �#Q _ Comm�r>is: Winston-Snlern Roulonal Offico, 585 Waughtown Strout, Winston-Salem, NC 27107-2241 Phone'. 336-771-5000 N FAK 336-771-4631 An eau.k oppenunnr � prflrmau„o Act— employ.. - esox r.rcyci.d t 10% Pae1 Conaamnr P. per OFFICIAL. USE Postage $ CertlSed Fee Postmark Return Receipt Fee Here [Endorsernent Required] AeaVicted DOW Fee [Endprpment Regwredl Tpti seRr William smith Siivei PQ Box 1247------------------- or PO Liberty, NC 2729$ ------------------ C+ Certified t] Provides: w ■ A malli ipt s A uniq liter for your mailpiece ■ A signatu,e upon delivery ra A record of delivery kept by the Postal Service for two years Important Reminders: Y Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. o Certified Mail is not available for any Glass of internatiorral mail. a NO INSURANCE COVERAGE IS PROVIDED witti Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum 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 LISPS postmark on your Certified Mail receipt is required. Q For an additional tee, delivery• may be restricted to the addressee or addressee's authorized a gent. Advise the clerk or mark the mail piece with the endorsement "Restricted Defivery". e It 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 atfix label with pastaga and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Revwrse) 102595-01-M-10d9 �j A TFR , ,� "� r � t Michael F. Easley, Governor t� , _OCZ QL r William G. Ross Jr.. Secretary F North Carolina Department at Environment and Natural Resources t' j Alan W. Klimek, P.E. director p � Division of Water Quality July 25, 2003 CERTIFIED MAIL RETURN RECEIPT RE_QUESTEI7 7001 2510 WO 4778 5598 Mr. William Smith PO Box 1247 Liberty, NC 27298 Subject: Inadequate Freeboard No Further Action Carolina Swine Producers Inc., #76-5 Randolph County Dear Mr. Smith: Thank you for your recent submittal of the information requested in our letter elated April 16. 2003. The Winston-Salem Regional Office has determined that no l-urther enforcement action will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information stibmitted, the Winston-Salem Regional Office has determined that a Notice of Violation (NOV) is appropriate due to freeboard less than the structural limit. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, add inadditional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to A to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation. If you have any questions. please do not hesitate to contact Melissa Rosebrock or me of the Winston-Salem Regional Office at (336) 771-4600. Sincerely, Steve Mauney Acting Regional Water Quality Supervisor CC: WSRO Facility File Non -Discharge Compliance and Enforcement Unit Randolph County SWCDINRCS �� DWQ Central Files g A NODE NR Customer Service: Mailing Address: Telephone: (919) 733.5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699.1617 State Courier #52-01-01 Raleigh, NC 27699.1617 An Equal Opportunity 1 Affirmative Action Empioyer 50% recycled 1 10% post -consumer paper dd http:ilh2o.enr.state. nc.us ��J� -I3 4 High Freeboard Evaluation Form facility Narne: ArOt (na SW+ngZ. PrC>d QCF'_."acility Number: 76 - Person Completing Form: e f 55Qi r26YhCod6atc Form Completed:l0`3 Date Information Due to DWQ; Date information received Extension Due Date: information Received: Current Freeboard Yeti -)C No _ Level(s) (in inches) 14 1/Z (6-'1S103 Ca t) Freeboard Levels for Previous 12 Months Yes X- No _ Incomplete Spraying Records for Past 12 Months Yes X_ No — Incomplete N6 W4 5 f ys ao p/e e Rainfall Records For the Past 12 Months Yes , No NIA Incomplete 4 (105+ gum Cropping and PAN Information Yesx( No Incomplete Summary of tions Taken to Restore the Needed Freeboard(s) YeSA No _ Incomplete r Description of Wateonservation Measures In Use Yes _ No Incomplete An updated POA if the Freeboard is still in Violation Yes X- No — NIA Detailed Description of Actions Takers or Proposed to he YesO No 'Taken to Prevent Future Freeboard Violations Incomplete Date 1-Iigh Freeboard Leve! Was First Reported to DWQ by Producer ° 2' a 1 a Date of First Violation from Farm Records / ,50 /0 Z Items proposed in the Plan of Actions to Bring the Facility Back into Compliance Pump and Haul -X— Remove Animals X Delay Restocking Add Land to NMP Add Application Equipment Spray when site is acceptable >("" Others (Please Specify) HFEF 5-12-03 information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed) Lagoon � Storage Basin (Check as Appropriate) Lagoon or SEoraOre Basin Identifier Design Total Days of Storage for the Facility (From CAWMP) Stop Purnp Level for lagoons r the bottc3Et�,of the storage basin (inches) J70 r � Lowest Liqu Levels Reported in th tooth of: Month Date August '3a64 7- September o� October l of o Level (in inches) 12? 02 g Yz 0 November < < ! b ,�- 3 11 as pz 18 Required Minimum Freeboard (red zone in inches): Does the Minimum Include a Chronic Rainfall Factor Yes NoX— Recorded Freeboard Violations Date Level (in inches) Date POA Submitted 5 or 30 day 0 03 r v �.z a o �_ � o r.J-)s2o -Z61o3 D 117 5 �5lpj �z, 1 7 q HFEF 5-12-03 �Z 2 i 1 Facility PAN Balance From the CAWMP (pounds) _ Y j 4 ! a ] Did the Facility Comply with its NTMP for the fast 12 Months Yes No X 11' No, What Violations Were From the review of the facilities irrigation records, does it appear that the facility made optimal use of the days when irrigation should have taken.place. _ If not, please explain. _. If the Facility has Installed Water Conservation Devices, what devices were installed and when: t1VA What Actions have been taken or proposed to be taken by the Facility to Prevent Future High Freeboard Violations (check appropriate items): Better Management of the System Add Additional Storage Volume Add Lagoon Covers Add Additional I -and Application Sites Add Additional Irrigation Equipment X Install Water Conservation Equipment Reduce the Number of Animal at (lie Facility Change Type of Operation Others (please explain): HFEF 5-12-03 3 • a If applicable, recorded rainfall data from August 2002 through April 2003 at Facility # 7&--(D S Month Amount of rainfall per month (it, niches) # of da►•s it rained per month August 2002 t}'A out of31 days September 2002 NIA out at 30 days October 2002 out (if 31 days November 2002 3, ❑ Out of 30 days December 2002 p Out �,r3 t days ,january 2003 C2 . j Out (if 31 day., Februar • 2003 q. D � Out of 29 days March 2003 out (if 31 days April 2003 5 nilt cif 30 day, Total Rainfall Out of 274 days P Comments by Reviewer: It�_d EA_.� �.>< . 140 ala�'b3, I HFEF S-12-03 4 Infarmation contained in this d@base is from none agency sours*d is considered unconfirmed. DWA Facility Number Farm Name Owner First Name Owner Last Name Source Breached Depopulated Overflowed LQ Issue PermissionToPump Inundated Flooded Pumping Equipment Comments Farm Emergency Call Form Carolina Swine Producers Inc. illiam Smith - Q Reporting Q Complaint Kim Griffen Inches d Yes Q No a Yes Q No Q Yes Q No 10 Yes p No Q Yes D No Q Yes Q No Q Yes Q No QQ Yes Q No Date 3/20/2003 Time Contra! Number 12478 Plan Due Date Date Plan Date Freeboard (? equals blank) Received Level OK Freeboard Lagoonl ® 3/21 /20Q3 3/21 /2003 Freeboard Lagoon2 I� 7 Freeboard Lagoon3 7 Freeboard Lagoon4 7 Freeboard Lagoons 7 Freeboard Lagoon6 7 lagoo.n..i s..4"..above..the..max... and..8-.1.0.". from.o,u.e.rflawing..-..... .................................... .......... ............. .......................... ... ... ..................... ..................... ............ I— ........... I— .... ....... I.... 7103 - Facility's lagoon is 10" above max. and 12" before Overflowing through ,Iway...... Lagaon..has..2.ma.rke.rs..acid..thexe..was..a..di.9nrepency...w/. tb.e.2-120I.03..leuel........ ility...Qnly.has..�OQ..saws..rrew�...1t.is..ee.rkil:red..for...1.2Q.Q......F�eila�y..repartedlu..spte.y,ed.....,.. .5.t.wank,..-..M.R......... ...... ....... -..... ............................. .............. .......... ............... -........ .................... ........................... .. .......................................... I............................................................................................................... I ....................... . ..02,2.... ................................................................................................................................................................................ I ......... - .............. . JIM . Operator .p.ut.sa.cre.te..bags..in..spillway .............-.......... ................................................................. ....................................................................... ......... ................... ............................ ........ .................... I ........ ..... . ... mark. -..MR ............... ............................................................................................................................................................................1.......... - ........ ..11l1a.ste..i.s..2"..abeye..max�..liq.aid..ma.rk .a.r�d..they...are..p�xnAing.-..MR...................... ........................................................................................................................................................................................................... . 1..-..Per..operator.,.w.aste.leval.is.back..up..again.to..8-.1.a"..aboue..max,..liquid..mark. Inform.•tion contained in this da -base is from non agency sources and is considered unconfirmed. nimal Operation Telephone Lo DWQ Facility Number IF67 —® Date o2 a7 D 3 Farm Name uj Time Caller's Name 1 pn Control Number 357 Reporting 0 Complaint Region Caller's Phone # j1 Access to Farm t.u:nmn Questions Breached 0 Yes XNo Farm Accessible from main road 10 Yes 0 Na Inundated ❑Yes No Overtopped 10Yes No Animal Water on ❑ Yes ANo Outside Wall Confined Yes ❑ No Dike Conditions 0 Yes No Depop ❑ Yes No Feed Available Yes ❑ No Freeboard Level Freeboard Plan Due Date Date Plan Date Freeboard Mortality ❑ Yes FO-1 Inches (? equals blank) Received Level OK t agooni ?3 Zp zat a3 Spr.LV AvailahiU1v Lagoon2 I? I� o Pumping Equipment t Yes ❑ No Lagoon3 Lagoan4 Available Fields Q Yes No Lagoons Lagoon6 Comments2 • • -! y�� I�b3 t�-P� 1�i�,. , t� ��-[.te �--?�r�e� co —!%C� hls-2 $cam �azv� � r-o dn�- �d,�E�� e � ��ez-ka � ae�' uti �J � � � . C6�-wed �o /5 . � ��CLUF � � ��'f ��� �• � � A � � � + , 'y .. t} � � � � + � � � . L 03/21/2003 06:54 33662210 KEITH & KIM GRI PAGE 01 PO Box 1247 Oberty, MG 27298 Phone. 336-622-4891 F2x 335-622-1707 Fax To: CI �'S5f� Robe 6eGek- From: �'�� v1% Gil Fall. 33(, - ri 1 I - qip 30 Date: Phone. 33& - 4 6 o d Pages: n Re: Ir ��cL .�11 0 rJ 14YS CC: El Urgent ❑ For Review C) Please Comment ❑ Please Reply ❑ Please Recycle ■Comments: 1a V1 k.' C) u .'* -3 CL t . «cl yv'jy eVID&I e- 03/21/2e03 e6:54 336622170 KEITH $ KIM GRIS PAGE 02 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 76.05 County: RANDOLPH RECEIVED N-0- Dept • of EH O Facility Name: CAROLINA SWINE MAR 2 1 2003 Certified Operator Name: KIM GRIFFIN Operator 0 Z3281 1Njlnstan-Sa1ern 1. Current liquid level(s) in inches as measured from the current liquid l&elgi10fiia1QA9?o the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Namelidentifier (0): Main Spillway (Yes or No): _YES Level {inches}: 8 inches 2. Check all applicable items X Liquid level is within the designed structural freeboard elevations of one or more structures. Five day Plan of Action is attached. 30 Day plan will be sent tomorrow. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations, Volume and PAN content of waste to pumped and hauled is reflected in section ill tables. Included within this plan is a list of the proposed sites with related facility numbertsy, number acres and receiving crop information. Contact and secure approval from the division of Water Duality prior to transfeE of waste to a site not covered In the faCllity's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 3/22/03 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. n J A) Facility Owne a (print] i ./ •/I Facility (signature) Phone: 336 622-4691 Date: PDA Covor page 2121100 02/21/2e03 06:54 9366221-0 KEITH & KIM GRIWe PAGE e3 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPL[EO PER WASTE STRUCTURE 1. Structure Name/Identifier (I D): 1 76-05 2. Current liquid volume in structural freeboard a. current liquid level according to marker 6,0 inches b, designed structural freeooard zone 12.0]inches (Normally 12 inches or greater) c. line b - tine a (inches within structural freeboard) a 6.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 76482 ft' e. line c/12 x line d x 7.49 gallons/ ' 265043 gallons 3. Projected volume of waste liquid produces during draw down period f. temporary storage period according to stwCtural design 180 days g. volume of waste produced according to structural design 126889 ft' h. current herd # 800 certified herd # 1Z00 actual waste produced = =nt hard # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i * j) x 7.48 x 5 daysRine f = 4, Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 84593 ft' �1 ft3 70618 ft' 32291 gallons 318334 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tars shown below) FoA (5 Day) 2121100 B3/21/2083 06:54 3366221-0 KEITH & KIM GRIS PAGE 04 II, TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY t. structure ID; 76-05 line I = 318334 gallons 2. structure ID: Ilne I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n. lineal + 2 + 3 + 4 + 5 + 6 . 318334 gallons o. line n 127154 = 11.72 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW OaWN PERIOD 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste, P. tract # q, field # F. soil type s. crop L acres u. ramanitV v. maximum 1 w, mwdmum IRR•2 PAN spokmion rate &Wioatron balance (ir*r) amounj (inetpes) (IWac e) 4572 HY 1 Badin Fescue Hay 0.67 139 0.3 1 4572 HY10 Badin Fescue Hey 0.57 139 o.3 1 4572 HY11 Badin Fescue Hay 0.57 147 0.3 1 4572 HY12 Callison Fescue Hay 0.57 182 0.2 1 4572 HY13 Callison escue Hay 0.57 182 0.2 1 4572 HY14 Callison Fescue Hay 0.57 182 0.2 1 4572 HY15 Callison Fescue Hay 0.57 182 0.2 1 4572 H 16 Callison Fescue Hay 0.57 182 0.2 1 4572 HY17 Callison Fescue Hay 0.57 182 0.2 1 4572 HY18 Callison Fescue Hay 0.57 182 0.2 1 4572 HY19 Badin Fescue Hay 0.57 139 0.3 1 4572 HY2 Badin Fescue Hay 0.57 139 0.3 1 4572 HY20 i3adin Fescue Hay 0.57 147 0.3 1 4572 HY21 Callison Fescue Hay 0.57 186 ❑.2 1 4572 HY22 Callison Fescue Hay 0.57 188 0.2 1 4572 HY23 Callison Fescue May 0.57 186 0.3 1 4572 HY24 Callison iFescue Hay 0.57 186 0.2 1 4572 HY25 Callison Fescue Hay 0.57 186 0.2 4572 HY26 Callison Fescue Ha 0.57 186 0.2 J1, 4572 HY27 Calkson Fescue Hs 0.57 1$13 0.2 4572 HY28 Callison Fescue Hay 0.57 186 0.2 1 4572 HY29 Callison Fescue Hay 0.57 786 0.2 1 4572 HY31 Badin Fescue Hay 0.57 139 0.3 1 4572 HY4 Callison Fescue Ha 0.57 186 0.2 1 4572 HY5 Callison Fescue Hay 0.57 186 0.2 1 4573 H Y 6 Badin Fescue Hav 0.57 139 0.3 1 4573 HY7 Badin Fescue Hs 0.57 13t1 0.3 1 4573 HY8 Badin Fescue Ha 0.67 139 0.3 1 4573 HY9 Badin Fescue Ha 0.57 139 0.3 1 x, total acres available during 5 day draw down Ssum of cotumn t] = 16.63 acres PoA (5 Day) 2/21100 ®3121/2003 06:54 336622* KEITH & KIM GRJN PAGE.. 05 IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE Y. Lin o 0.71 Inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed In line y, list course of action here including pump and haul, depopulation, hard reduction, etc. For pump & haul and herd reduction options, recalculale new hydraulic load based on now Information. Application in inches per hour can be achieved. Hauling by honey wagon is available to other lands that are currently included in the existing waste utilization plan (WUP) Plinio land apply hydraulic load: 1. Describe moisture conditions of fteids? (e.g. Is there water standing in field; does irrigation equipment mar gown in neia: --tramcatmiX across sansR► 11 sons aosom appucauon witnout runoff, etc.) _ Fields have currently received rainfall in excess of 3 inches. Care will need to file taken to avoid runoff. Fields are currently in permanent fescue hay and can withstand the traffic need to deploy irrigation equipment. 2. Date and amount of last rainfall event? DATE: I 03/20/t}3 AMOUNT: 3.00 inches 3 Dates of last waste application event vier kild: Application of waste to these areas last occurred on 3112103 applied 21,120 gallons on Hydrants 3, 27, 54, 57. 4, Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal [i.e. winter) application rates within 5 days? The land and equipment will be sufficient to land apply this amount of waste if conditions permit. This will allow the liquid Wei to be lowered to the acceptable level. Application of waste will continue to fields included in the WUP not to exceed the max PAN requirements. 5. Irrigalion schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made In gun sizes, nozzles, 'o" rings, operating time, travel speed, etc. to moat prM6ea cnBngBs in application rates ana amounts; ana any oin_e_r inrormapon for conmaeration. Application will occur on the above designated fields using the existing irrigation system which will allow up and application rate up to 0.3 inches/hr for the soils that exist in these fields. Irrigation events are limited to 1 inch/ application. The addition of a traveling gun can be brought in to expedite this activity. Pressures will be maintain at the levels specified in the design of the irrigation system. Honewsgon will also be available for land application of waste on fieids tt►at are not currently under gun. The waste will be applied to these fields according to the WUP. PoA (5 Day) 2121100 If o"loF w a %_ 7 ti 40 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources p Y Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Smith PO Box 1247 Liberty NC 27298 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Carolina Swine Producers Inc. #76-5 Randolph County Dear Sir or Madam: RECEIVED N.G. 0610. n{ FHNFt APR 2 3 2003 WinstCn--S 3,y"A Regional office On March 20, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on June 2, 2000. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the' actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Winston-Salem Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal Customer Service: Mailing Address: Telephone f919j 733.SM3 1.877.623-6748 1617 Mail Service Center Fax (919) 733.0059 Raleigh, North Carolina 27699-1517 State Courier U52.01-01 An Equal Opportun;tylAlfirmative Action Employer 50% recycled 110% poV-consumer paper httpY1h2o.enr.sta1e.nc, us D CUR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 1� Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions iaken to restore the needed freeboard in the lagoon(s) including but f riot limited to removal of animals from the site, delay of restocking of animals, pumping ' and hauling waste tolanother site (specify site), Securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) r . installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Winston-Salem Regional Office at the following address no later than 14 days following receipt of this letter. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 V Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at (336) 771-4600. Sincerely, Alan W. Klimek, P,E. Director cc: Winston-Salem Regional Office Non -Discharge Compliance/Enforcement Unit Central Files UNITED STATES POSTAL SERVIC tnf� 1 � � � f� fir, GSO 2K gut • Sender: Please print ame, address, arrd-Z1 +4 in Ms`bVR NC DENR Water Quality Section€�29 2003 585 Waughtown Winston-Salem NC 1271 07-224] ■ 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 hack of the mailpiece, or on the front if space permits. Article Addressed to: William Smith PO Box 1247 Liberty, NC 27298 2 pNinln RI...•n F.n. r, 7i001 2510 0.001 PS Form 3811, August 2001 A. Sign lure � Agent dressee B. eiv jPri C. Oat of livery D. Is delivery Aress different Uom iter>;i'1:�� If YES, enter delivery addras"S.tbelow: 3. Service Type M�certifwl Mail ❑ Registered ❑ Insured Mail ❑ f xpress Mail Retum Receipt for Merchandise ❑ C.O.D. 4- Restricted Delivery? (Extra Fee) ❑ yes -- {'ar:fl-..1(---51.., nx Pr•dwckE-,.SJ.0L, 4.778.5598,. -- (ifili1 I 1fl ! Dornestic Return Receipt 102595-02-M-aB3 [7y[: Carolina Swine Subject: FYI: Carolina Swine Date: Wed, 5 Dec 2001 08:36:06 -0500 From: "Barton Roberson" <barton.roberson@nc.usda.gov> To: "Me]issa Rosebrock 1(E-rnaiR)" <melissit. rosebroc k@ncmai1.net> Talked with Kim Griffin this morning @ Carolina Swine. I am entering a note in their conservation plan that they will do some sporadic pumping on areas that are deficient in Nitrogen. Fescue is still actively growing. I have asked her to insure that maximum applications of PAN are not exceeded. This is just a not for information. Thanks for all you help Barton B. Barton Roberson (E-mail) <barton•roberson@nc.usda.gov> District Conservationist USDA-N RCS USDA-NRCS [ of I 12MNX11 9:38 AM nj North Carolina 'r , Department of Environment and Natural Resources 4 0 NYater Pollution Control System Operator Certification Commission �w Michael F. Easley, Governor lVilliam G. Ross ,lr., Secretary Coieen 11. Sullins, Chairman NCDENR February 21, 2001 William Smith PO Box 1247 Liberty NC 27298 SUBJECT: Designation ❑f Operator in Charge Farm Name: Carolina Swine Producers Inc. Facility ID #: 76-5 County: Randolph Dear Mr, Smith: RECEIVED N.C. Dept. of EHNF MAR 2 7 2001 Winston-Salem Regional Office Senate Bill 1217, An Act to Implement Recoininendations of the Blue Ribbon: Study Commission oil Agricultural Waste, was enacted by the 1996 North Carolina General Assembly. This legislation requires owner of a certified operator for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid waste management system. Our records indicate that the operator designated as the Operator In Charge (OIC) for your animal waste management systern is no longer certified. Therefore, you must designate a properly certified animal waste management system operator as the ❑lC for your facility. The enclosed designation form must be returned to this off -ice by April 1, 2001. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Failure to designate a properly certified Operator in Charge for your facility is a violation of N.C.G.S. 90A47.2 and 15A NCAC 8F .0201(a) and may result in the initiation of enforcement action. Please be advised that nothing in this letter should be taken as resolving you of the responsibility and liability for any past or future violations for your failure to have a properly certified Operator in Charge designated for your animal waste management system. If you have questions concerning this matter, or if this office can be of further assistance, please call Beth Buffington at (919)733-0026, extension 313. Sincerely, Dwight Lancaster, Supervisor Technical Assistance and Certification Unit Enclosure cc: TAC Files Nan -[Discharge Compliance/Enforcement Unit Winston Salem Regional Office Central Files 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 1 FAX: 919 — 733-1338 AN EQUAL OPPORT UNMY 1 AFFIRMATIV E ACTION 04PLOYER - 50% RECYCLED 1 10% POST CONSUMER PAPER N RTH ROLINA DEPARTMENT 0 PARTM EN OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE May 25, 2000 Dear Operator: A review of our records indicates that you have not completed a "Swine Integrator Registration Card" for this year. Please complete and send the enclosed card (postage paid) to the address printed on the front of the card. If you have changed integrators let me know and I will send you the appropriate card. If you have any questions concerning this matter, please do not hesitate to contact me or Melissa Rosehrock at (336) 771-4500. Thank you for your cooperation. Sincerely, ,7 1 Matt Czahor Environmental Tech IV Winston-Salem Regional Office cc: WSRO Facility Files sa rJ WA UG H TOWN STR E EYE WI NSTON-SA LEM, MORYN CAROL I NA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN 6p UAL OPPORTUNITY 1 AFPI RMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER State of North Carol Department of Enviro ment and Natural Resources Division of Water Quality ,lames 11. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director William Smith Carolina Swine Producers Inc. Pa Box 1247 Liberty NC 27298 Dear WiIIiair) Smith: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED December 30,1999 N.C. Dept. oi EHNR JA N o 5 2000 W` inSton-ooaie 3"1< Regional Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 76-5 Randolph County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan, In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you roust keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR], SLUR2, SLD1, and SLD2) and maintained in the facility records for review, The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincere , Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Randolph County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh,,North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post-comsumer paper State of North Carolina Department of Environr * and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURNRECEIPT REQUESTED William Smith Carolina Swine Products PO Box 1247 Liberty NC 27298 Farm Number: 76 - 5 Dear William Smith. MW RCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 14, 1999 RECEIVED N.C. Dept. of EHNR MAY 1 9 1999 Winston-Salem Regional Office You are hereby notified that Carolina Swine Products, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 60days to submit the attached application and all supporting documentation. In accordance with Chapter 26 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any, questions concerning this letter, please call J R Joshi at (919)733-5083 extension 363 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600, Sincerel for Kerr T. Stevens cc: Permit File (w/o encl.) Winston-Salem Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carol* Department of Environment Ali and Natural Resources ,► Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ' NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 30, 1998 CERTIFIED MAIL ° RETURN RECEIPT RE LiESTED RECEIVED N.C. Dept. of EHNR Attn: Marvin Bridges NOV _ 3 M8 Carolina Swine Prod- PD Box t 247 � - ' .1 Rl Liberty NC 27298 Subject: Special Agreement Facility Number: 76-5 Carolina Swine Prod. Randolph County Dear Marvin Bridges: Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 5 8 1 - Sincerely, IC n � �_- Preston Howard, Jr., P.E. ATTACHMENTS cc: WSRQ-RegionalZffce Randolph County Soil and Water Conservation District Facility File ' Central Files ti Shannon Langley P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 _ An Equal Opportunity Affirmative Action Employer 5017c recycled110% post -consumer paper NORTH CAROLINA ENVIRCENTAL MANAGEMENT COM*SION COUNTY OF RANDOLPH IN THE MATTER OF ] ] SPECIAL AGREEMENT } FACILITY NUMBER: 75-5 } MARVIN BRIDGES Pursuant to provisions of North Carolina General Statutes {G.S.) 143-215.2(a) this Special Agreement is entered into by Marvin Bridges, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31,• 1997. (b) FaiIure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit- (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph I(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by December 31, 1998. Farm Number: 76-5 Special Agreement is Page 2 • (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial.action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. I "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the " OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties,'or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 76-5 Special Agreement_ Page 3 • 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Carolina Swine Producers, Inc. [ICJ I I/ / .07MS V t �& _ Print Name of Owner .� I � _ � � � Date �� - Cl -- -3�' ignature of Owner Foy the North Carolina Environmental Management Commission: Date a Chairman of the Commission State of North Carolie Department of Environment and Natural Resources Division of Water Quality ,lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr-, P.E., Director CERTIFIER ;MAIL RETURN RECEIPT REQUESTED Marvin Bridges Carolina Swine Producers, Inc. P.D. Box 1247 Liberty, NC 27298 Dear Marvin Bridges: A71a mL M - NCDENR NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL. RESOURCES September 30, 1998 R�— e_-'-'\IED N,,c, . r !r? pi of EHNR OCT - 7 11 �. c., Regiorlai Offices Subject: Special Agreement Certified Animal Waste Management Plan Carolina Swine Producers, Inc. Facility Number: 76-5 Randolph County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 2, 1998 and your letter dated September 21, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Marvin Bridges in order to allow additional time for Marvin Bridges to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. r Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 9I9-715-6048 An Equal Opportunity Affirmative Diction Employer 50% recycled/ 10% post -consumer gaper • 0 Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit wlattachment ,LWSRQ wlattachment' Dewey Botts — Division of Soil and Water wlattachment Shannon Langley wlattachment Central Files wlattachment Of NORTH CAROLINA ENVIROMENTAL MANAGEMENT COMA 'SION COUNTY OF RANDOLPH IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 76-5 MARVIN BRIDGES Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Marvin Bridges, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143E-282, and hereinafter referred to as the Commission: "OWNER" and the Commission hereby stipulate the following! (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .Q217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .4217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or far judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by December 31, 1998. Farm Number: 76-5 Special Agreement Page 2 • (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be avaiIable if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER'S" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby 0 supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 76-5 Special Agreement 0 Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Carolina Swine Producers, Inc, Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Chairman of the Commission I Date State of North Carol* Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Marvin Bridges PO Box 1247 Liberty NC 27298 Dear Marvin Bridges: y NCD.ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 14, 1998 S E P -1 8 1998 ,+�ionai Office Subject: Special Agreement Certified Animal Waste Management Plan Carolina Swine Prod. Facility Number: 76-5 Randolph County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 2, 1998, the Environmental Management Commission (EMC) proposed to enter into a special agreement with Marvin Bridges in order to allow additional time for Marvin Bridges to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. That proposed agreement was received by you on July 20, 1998 with a response to the Division of Water Quality being due by August 3, 1998. On July 28, 1998, the Division of Water Quality received a written response from you, however, you did not sign the proposed agreement or provide the Division with an alternate proposed timetable for obtaining and implementing your CAWMP. Therefore, the subject facility is being operated without a valid permit and is subject to civil assessments of up to $10,000.00 per day. If no response is received from you within 14 days of your receipt of this letter, staff from the Division of Water Quality's regional office will be asked to perform an inspection of your farm. If you are found to be in operation above the threshold established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated. Please find enclosed another copy of the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. P.Q. Box 29535, Raleigh, North Carolina 27626-0535 ' Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper • • Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Sincerely, A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit WSRD Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIAMENTAL MANAGEMENT Ca SSION COUNTY OF RANDOLPH IN THE MATTER OF } } SPECIAL AGREEMENT FACILITY NUMBER: 75-5 MARVIN BRIDGES Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Marvin Bridges, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: "OWNER" and the Commission hereby stipulate the following: ''=►3''r _ : , (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: r (a) Undertake all necessary activities in order to obtain and implement a certified � animal waste management plan by 9/30/98. Farm Number: 76-5 Special Agreement 0 Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above..-., F Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day - 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER'S" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties; ❑r challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). r 6. NoncompIiance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 76-5 Special Agreement 0 Page 3 • 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions ❑f this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Carolina Swine Prod. Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission State of North Carolis Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 17, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Marvin Bridges PG Box 1247 Liberty NC 27298 0 )FA NCDENR NOM'H CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED N.C. Dej-.A. of rEHNR J U L' 2 2 1998 wi"I ton-salera, Re-gionai 01fiCe Subject: Special Agreement Certified Animal Waste Management Plan Carolina Swine Prod. Facility Number: 76-5 Randolph County Dear Marvin Bridges: As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 2, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Marvin Bridges in order to allow additional time for Marvin Bridges to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 7 33 -5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Attachment Sincerely, '�L' / lx_7v� 14 A Preston Howard, Jr. P.E. cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF ] SPECIAL AGREEMENT FACILITY NUMBER: 75-5 MARVIN BRIDGES Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Marvin Bridges, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 14313-282, and hereinafter referred to as the Commission: "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 76-5 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H A217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by. a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150E-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 76-5 0 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners. submittal of a certified animal waste management plan. For Carolina Swine Prod. Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINS7phhSALEM REGIONAL OFFICE DIVISION OF WATER QUALITY M E M O R A N D U M TO: Shannon Langley FROM: Corey Basinger SUBJECT: Special Agreements Randolph County DATE: 10 March 1998 As we discussed on the telephone on Monday, March 9, I met with the facility owners and MRCS/SWCD staff from February 26 through March 3, in an effort to complete the Special Agreements for Randolph County. I have reviewed the following facilities' Special Agreements for accuracy and found all to be unaltered and acceptable: 76-4, 76-5, 76-8, 76-9, 76-12(a), 76-14, 76-15, 76-23, 76-29, 76-31, 76-50, 76-52, 76-57, 76-59 I am also returning to you the extra copy of Special Agreement 76-12(a) and the original letter for 76-14. Should you have any questions or comments, please call me at (336) 771-4600 ext 277. Thanks. CC, Central files CWSRO---�) 505 WAVGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX336.771-4631 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLE0110% POST -CONSUMER PAPER State of North Carob Department of Environment, and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director MEN10RANDUN1 TO: Regional Water Quality Supervisor FROM: Shannon Langlev SUBJECT: Application for special agreement r— RECFIVED N.C. —_ . Dept. �,� '_4�1 MAR a 5 1998 Regiorla, Please find attached a copy of application f r special agreement or facility number 9--5 Any comments that the regional office can provide on llle issuance of a special agreement to this facility by the EMC would be greatly appreciated. Please provide any comments in writing (e- mail messages are acceptable) to me as soon as possible. Thank you for your timely assistance in this matter. If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT ( UM 5- To uL;E DATE_�� P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal opportunity Affirmative Action Employer 50 To recycled110 % post -consumer paper t - State of North Carolina Department of Environment and Natural Resources Division of Water Quality APPLICATION FOR A SPECIAL AGREEMENT (I,NFORMATION REQUIRED FOR ANLNIAL OPERATIONS REQUESTI1tiG A SPECIAL AGREEIMENT) I. GENERAL INFORRZATION: 1. Applicant (Owner of the Facility): t,,Q 1 i x-4 cZ- j Facility No.: 4` 3. Facility Name: _[�r%4 /, tst_ 2 _Z ") g 4. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and its compliance): 5. Mailing Address: 7 City: ..& Z State: C,_ Zip: Telephone No.: 6. County where facility is located: Z � 7. Operation T} pe ( wine Poultry, Cattle): 8. Application Dater 4� 7�2K II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies ,vith the special agreement. Operators who did not register by September 1, 1996 with their local Sol] and Water Conservation District office or who can not document that the), made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. Date facility requested assistance from their local Soil & Water Conservation District 7a S(f �i 6 FOR)J SPAG 1/98 Page l of' 4 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessan,). This summarG, must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken In r �7 rc A- S7A,rI Li; e Ze c� i"4 TJ �G'T'� ► y i � G1 to 0 Gan r►���=7t�y c.o...rrxiLT S. AI c-G 141f nAc Az y . 4L y.40"AG PuL�"i .n4G ��rLSi�ilbnoti5� �. � �.�a o~ nd�J�-h�.�<<.1 �rr���-icn s.•Le ��� ellpfr*p.-� r''td�1�'�'l�nS[.,� �r (•,d�da.'� 5%�rTG�Il�.� (J/�7�"'�c�7,9�5 t]Ic�'�2SlGr.iS r�US L L Ie S I bC-V- C: Pf;' ~j i i.t C- vz a S F 41eZ& �Lrt z PL n;� r� Z ❑ �� , l n 3 r t ��� 7-t -ice ��1? , r r.iSLz� r �Q /Uldl�'Tl7c.:i� G�fiJucG•'sr C a •r'rf�.��a-=1� ..._. ...._. _ (,(At-,Wr r�•a-�s�1 i�c w1 C-O-'T-bL, - &R p-+-1i7� L6rS L � i.li G + K7cC� �1 e�3j ►!a fo _ sc�-�2.�b �l4£e� r�.;� c....l �43+T' S�c.�c7u1� ►s c.rrr�`b z �•1 17. ►I. D � C.�..le7 �c'SoJ2rr'3 Z0-1 G,Sr- I.Jvexj 62�4 d5 OF- 1'f an11� If7/�J.�IrJC� ��?�r p r FORi11 SPAG 1/98 Page 2 'of 4 • • II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION: Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facilit}• until such time as a cenified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). 'C tPcerG 'CG,, PI a�.�r a� ar ��� a�,�Lt�►sn�.,! s %ram 1~1���l� zcJt 14 f3 Ca�P-tom A sip jce�,��zt-n;L�•� �= ,wz��,a-n�._l p�Cb + G�`A rs 1 � ti r�LL'tJ C�,KPLL:TE Iw}rn,.n<<:..s o� i,�t�•.c�,�� .���'�t'i�"���:,�r� �}uU4 fSs ICAC' Applicant's Certification: I• c,�]. �I►t.7,,1 / ,A, t t• attest this application for a Special Agreement with the ENIC has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all reouired harts of this antaiication are not completed and if all required sup2porting information and attachments are not included, this application 123cka2e will be returned as incomplete. Furthermore. I attest by my signature that I fully understand that if this facility is found to be ineligible to enter into a special agreement %with the EMC nothing in this document removes my responsibility_and Iiabilitv for complvinp with all ;north Carolina General Statutes and Regulations. I understand that the failure to meet anv dates that are agreed upon by mvself and the ENIC will result in anoronriate enforcement actions being taken by the E L'I / Print Name of Owner Date _ o�-7 ~ �i Signature of Owner FORTH SPAG I198 Page 3 of 4 Rem,ired Items: One (I ) original and two 2 copies n f fire c omp feted and appropriafel , executed anrilication forin, along with any attachments. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING LN FO R,% I AT] ON AND MATERIALS, SHOULD BE SENT TO THE FOLLONVLNG ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION ?SON -DISCHARGE CONIPLIANCEIENFORCE-DENT UNIT POST OFFICE SOX 29535 R.A,LEIGH, NORTH CAROLINA 27626-0535 FOR:II SPAG 1/98 Page 4 of 4 RECEIVED N.C. Depi. of EHNR 0CTa.R1992 Winston-Salem State of North Carolina Regional Office Department of Environment, Health and Natural Resources Di%rision of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina. 27604 James G. i4anin, Governor A. Preston Howard, Jr., RE, William W. Cobey, Jr., Secretary Octal)er 20, 1992 Acting Director ftlian I.nfrCU Asheville CERTIFIED MAIL No. 70,1412516209 RETURN RECEIPT REQUESTED l;ay mr - B =? I cm i.th ctte�ilic Carolina Swine 9 19/486-154 1 P. 0. Box 1247 100oresville Liberty, N.C. 27298 704/603-1699 SUBJECT: Designation of Concentrated ltalcilh Animal Feeding Operation 919/571-4700 Carolina Swine Liberty, N. C. Washington Randolph County 9191946-6481 Dear Mx. Smith: Wilmilh'iliTlinglUn n-`on This letter is to notify you that the Carolina Swine hog operation is hereby designated a concentrated animal feeding Winston-Salem operation in accordance with Title 15A, North Carolina 9191S9Cr7007 Administrative Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation of your hog operation was based on an inspection conducted on July 28, 1992, by members .of the staff of the Winston-Salem Regional Office. This inspection showed that you had established a concentrated animal feeding operation requiring such designation based upon t ;e following facts: 1. The discharge of animal wastes into an unnamed tributary of Sandy Creek, Class WS-III waters. 2. The hog operation consists of approximately 4000 animals. 3. Animal wastes were observed flowing down the backside of the Lagoon as the result of a broken irrigation pipe. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of waste to the surface waters of the State. However, if you can permanently Pollution 1're Nenlion Pays V.O. Box 29535, Raleigh, North Carolina 27626--0535 Telel)hone 919-733-7015 A. r...._I r-1-...-... _.:... A rr.___- A - - r'.-- -' - - - • • Mr. Bill Smith Page #2 eliminate the discharge by implementing changes within sixty (60) days of your receipt of this notice, including, but not limited to, modifications to lagoons and the implementation ❑f a final waste disposal plan, a permit application will not be required. If compliance has been achieved, you must notify us in writing within sixty (60) days describing, in detail, the changes or modifications you made. If the discharge of waste to the surface waters of the State is not permanently eliminated within sixty (60) days of receipt of this notice, an NPDES permit application must be submitted within that time. Permit applications should be submitted, in duplicate, to the Director, ❑ivision ❑f Environmental Management, P. ❑. Box 29535, Raleigh, N.C. 27626-0535. Assistance, if desired, can be obtained by contacting Mr. Steven Mauney, Water Quality Supervisor, 8025 North Point Boulevard, Winston-Salem, NC 27106 (919) 896-7007. The applications should be accompanied by construction plans for the nondischarging animal waste management system. For your information, the following items are enclosed: 1. one copy of the Federal Register - Concentrated Animal Feeding Operations, 40 CFR 122.23. 2. Three copies ❑f NPDES Discharge Permit application - Short Form B. If you need financial or technical assistance with regard to managing animal waste, you should contact your local Soil and Water Conservation District Office at (919) 629-4539. If you wish to contest this Designation, you must request an administrative hearing within thirty (30) days of your receipt of this Notice. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P. O. ❑rawer 27447, Raleigh, N.C. 27611-7447. A copy of the Petition should be filed with this office. If you d❑ not request an administrative hearing, this Designation will become final in thirty (30) days. v • Mr. Bill. Smith Page #3 Should you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, A. Preston Howard, Jr., P.E. Enclosures cc : YMr7—Larr.y_C361-e--I, Regional Supervisor Mr. Marvin Bridges Mr. Joe Kenyon, Soil Conservation Service Mr. Jerry Dorsett, Regional Coordinator DSWC CAF❑ Files 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT Winston-Salem Regional Office Water (duality Section October 7, 1992 M E M G R A N D U M TO: Kent Wiggins THROUGH: Steve Mauney /5Z FROM: Mike MickeyF� SUBJECT: CAFO Designation Carolina Swine Randolph County As the result of a citizens complaint, WSRO inspected the Carolina Swine hog operation on July 28, 1992. The investigation found that wastewater from the lagoon was reaching an U.T. to Sandy Creek. Samples were taken to document the illegal discharge. WSRO recommends that the Carolina Swine operation be designated as a CAFO. Please call if you have any questions. MMM/vm cc: Central Files WSRO �55 d i,. 4AR a s t � .� S State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27604 James G. Martin, Governor A- Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director &gionaj.Qfljjces Asheville CERTIFIED MAIL No. 704/251-6208 RETURN RECEIPT REQUESTED Fayetteville Mr. Bill Smith 9ayettevlle Carolina swine P. 0. Box 1247 Mooresville Liberty, N.C. 27298 704/663-1699 SUBJECT: Designation of Concentrated Raleigh Animal Feeding Operation 919/571-0700 Carolina Swine Liberty, N. C. Washington Randolph County 9191946-6481 Dear Mr. Smith: Wilmington 919/395-3900 This letter is to notify you that the Carolina Swine hog operation is hereby designated a concentrated animal feeding Winston-Salem operation in accordance with Title 15A, North Carolina 919/896-7007 Administrative Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation of your hog operation was based on an inspection conducted on July 28, 1992, by members of the staff of the Winston-Salem Regional Office. This inspection showed that you had established a concentrated animal feeding operation requiring such designation based upon the following facts: 1. The discharge of animal wastes into an unnamed tributary of Sandy Creek, Class WS--III waters. 2. The hog operation consists of approximately 4000 animals. 3. Animal wastes were observed flowing down the backside of the lagoon as the result of a broken irrigation pipe. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of waste to the surface waters of the State. However, if you can permanently Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Aft-nTnative Action rmljloyer Mr. Bill Smith Page 12 eliminate the discharge by implementing changes within sixty (60) days of your receipt ❑f this notice, including, but not limited to, modifications to lagoons and the implementation of a final waste disposal plan, a permit application will not be required. If compliance has been achieved, you must notify us in writing within sixty (60) days describing, in detail, the changes ❑r modifications you made. If the discharge of waste to the surface waters of the State is not permanently eliminated within sixty (60) days of receipt of this notice, an NPDES permit application must be submitted within that time. Permit applications should be submitted, in duplicate, to the Director, Division of Environmental Management, P. 0. Box 29535, Raleigh, N.C. 27626-0535. Assistance, if desired, can be obtained by contacting Mr. Steven Mauney, Water Quality Supervisor, 8025 North Point Boulevard, Winston-Salem, NC 27106 (919) 896-7007. The applications should be accompanied by construction plans for the nondischarging animal waste management system. For your information, the following items are enclosed: 1. One copy of the Federal Register - Concentrated Animal Feeding Operations, 44 CFR 122.23. 2. Three copies of NPDES ❑ischarge Permit application - Short Form B. If you need financial or technical assistance with regard to managing animal waste, you should contact your local Soil and Water Conservation District ❑ffice at (919) 629-4539. If you wish to contest this Designation, you must request an administrative hearing within thirty (30) days of your receipt of this Notice. This request must be in the form of a written petition, conforming t❑ Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, N.C. 27611-7447. A copy of the Petition should be filed with this office. If you do not request an administrative hearing, this Designation will become final in thirty (30) days. Mr. Bill Smith Page 13 Should you have any questions regarding this matter, please do not hesitate to contact us. sincerely, A. Preston Howard, Jr., P.E. Enclosures cc: Mr. Larry Coble, -Regional Supervisor Mr. Marvin Bridges Mr. Joe Kenyon, Soil Conservation Service Mr. Jerry Dorsett, Regional Coordinator DSWC CAFO Files ANIMAL OPERATIONS INSPECTION FORM 1. Date of Inspection: The complaint was investigated on July 28, 1992, by ❑avid Russell and Mike Mickey of WSRO. 2. Name of Owner of Property: Mr. Bill Smith P. O. Box 1247 Liberty, N.C. 27298 3. Name of Operator: Mr. Bill Smith and Mr. Marvin Bridges are partners. 4. Address: Same as 2 above. 5. Phone Number: (919) 622-4522 6. Description of facility location: Take SR 2442 north out of Whites Chapel and then turn right ❑nto Sandy Creek Church Road (SR 2459). Proceed to Shady Hollow Road (SR 2543) and Carolina Swine is located at the end. 7. Type ofOperation: The operation is not farrow to finish. Most of the feeder pigs are shipped out at 40 lbs. 8. Number and Type of Animals or Animal Units: 630 sows plus 35 boars. The total number of young and adults typically averages around 4000 animals. 9. Length of time animals have been are or will be stabled or confined and fed or maintained in any 12 month period. All hogs are confined, fed and maintained permanently in the barn. 1.0. Are crops, vegetation forage growth, ❑r post -harvest residues sustained in the normal growing -season over any 12ortion of the lot or facility? NA. The hogs are continually confined on concrete. 11. Description of other animal operations in immediate vicinity and proximity to same or other surface_ waters: None known. The Carolina Swine operation is located on the ridge line and farms the headwaters to two separate tributaries. 12. ProximitV of facility to neighboring houses wells etc.: The nearest dwelling is along Shady Hollow Road approximately 1500 feet from the hog barns. Although the location of wells was not noted during the site visit, it is assumed that the nearby dwellings are served by wells. 13. Approximate Depth of groundwater table in the area of the facility or discharge: Not known. 14. Proximity of facility to surface waters (provide name and class of surface waters: The Carolina Swine waste holding lagoon is located on the ridge approximately 1000 ft from the headwaters of an U.T. to Sandy Creek, Class WS-III waters. Ramseur's water supply reservoir is located several miles downstream. 15. Are pollutants__dscharged into the waters of the State? If so, Now? -[directly or by man-made ditch, flushing system, or other similar m n-made device]: The illegal discharge from the Carolina Swine operation was documented by WSRO on 7-28-92. The discharge was occurring from a broken underground pipe leading to the irrigation system. Animal wastes were observed flowing out of the ground around the break. The discharge only occurred when a timer turned on the irrigation pump to pump the wastes to several hundred feet of perforated pipe laid on contour along the hillside. 15. Do or have discharges occurred in response to a stoKM event of less than a 25y_ear, 24_hour intensity? The discharge observed on 7-28-92 did not occur as the result of a storm event. 17. Tone of Waste Management: The waste management system for the Carolina Swine operation consists of a scrapper system (no flushing) located underneath the hogs. The scrappers simply push the manure to the single lagoon. The material is in a fairly liquid state due to the drip watering system. 18. Condition of waste management facility: The waste management system is adequate. The lagoon has adequate freeboard for storage. A follow-up inspection conducted on 9/1O/92 found that Carolina Swine was installing a new irrigation system. Approximately twenty wooded acres had been cleared and seeded. Irrigation pipe was being buried that leads to several fixed irrigation heads. 19. Animal waste dischar a includinphotos and witness' names addresses telephone numbers and statement of fact . WSRO received a complaint from Mr. Gary McMasters on 7-27-92 concerning hog wastes in a creek running through his property. Observations of the tributary on 7-28-92 revealed foam and discoloration typical of hog wastes. Several dead fish were observed. A Notice of Violation letter dated 7-31-92 was sent to Mr. Bridges regarding the illegal discharge. Mr. Bridges responded as requested in a letter dated 8-11-92, advising WSRO that corrective actions were being initiated. (See correspondence in Appendix A), 20 Water Quality Assessment: (Include description of sampling, field measurements visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or rainfall and other factors relative to the likelihood_ or frequency of discharge_of anima_ wastes and process wastewaters . Samples were collected on 7-28-92 of the discharge from the hog lagoon and of the U.T. to Sandy Creek approximately 3/4 mile downstream. No upstream sample location was available since the lagoon is on the headwaters of the U.T. (See laboratory data sheets and chain of custody forms in Appendix B) . • C I Discharge Parameters hog -lagoon BO❑ (mg/1) 450 Chloride (mg/1) 310 NH as as N (mg/1) 460 TKN (mg/1) 560 T. Phosphorus (mg/1) 120 from U.T. to Sandy Creek 314mile downstream 79 13 18❑ 41❑ 13 21. Recommendations -Made to ownerl operator: The 7-31-92 NOV letter advised Carolina Swine to cease the discharge immediately. They promptly complied by turning off the irrigation pump. 22. Recommendations for further DEM action: (Re -inspect, designate etc). It appears that Carolina Swine has acted responsibly to improve their waste handling system by buying and installing new irrigation pipe and spray nozzles. A follow-up inspection will be performed in the future. 23. See map locating the hog operation in Appendix C. The addresses for the cc's are as follows: Mr. Marvin Bridges P. 0. Box 1247 Liberty, N.C. 27298 Mr. Joe Keynon Randolph County Soil Conservation Service Room 109 Federal Building 241 Sunset Avenue Asheboro, N.C. 27203 Mr. Jerry Dorsett, Regional Coordinator Division of Soil and Water Conservation 8025 North Point Blvd., Suite 100 Winston --Salem, N.C. 27106 Appendix A Correspondence July 27, 1992 - Complaint Report received concerning the hog operation. July 31, 1992 - Notice of Violation letter sent t❑ Carolina Swine. August 11, 1992 - Written response from Carolina Swine regarding the NOV. August 19, 1992 - WSRO Acknowledgement letter. J .0 M P LA PAT REPOFA' DIVISION OF ENVIRONMENTAL MANAGEMENT WINST4N-SALEM REGIONAL OFFICE DATE: � i9L �. TIME: am NAME OF CALLER: V QSC•a ��-������y�� - - ADDRESS: ,Ste P.O. Box --- City Zip '. TELEPHONE NUMBER: POINT OF POLLUTION: .nt v �h �1L � [��, IN ,�, DIRECTIONS: T0.�y u. �wA � ,� O o -`�V + t � Qc� .kL n a) kiln MR, T, u w 17 lk _�:bx�.��t-- `a��� - -. � �� Boat, 5����w_o��-Leo-�1�,�,•��. REPORT REFERRED TO: �5; S•t �. .7��- W� �[.� rq Wltij+l ►.ti to S+. ao+� • 1 \ram lw IATE ACTIA4 TAKEN: wt-l%\ vS 1 [a �• Q_ nnt.. \►► % �r�xlk . V�V SIGNED Y o W E DATE - ~1 •►4 C � ``, � N.i�.tu.t� �� ,�L,�1 `� v a�pS�.ti� �,0;.5�.u.�.o r a ►` State of North Carolina Department of Environment, Health, and Natural Resources Winston-Salem Regional Office James G. Martin, GwernorDivision of Environmental Management Margaret Plemmons Foster William W. Cobey, Jr., Sccmmry Water Quality Section Regional Manager July 31, 1992 CERTIFIED MAIL NO. P 536 301 861 RETURN RECEIPT REQUESTED Mr. Marvin Bridges Carolina Swine Breeders P. O. Box 1247 Liberty, N.C. 27298 SUBJECT: Notice of Violation Illegal Wastewater Discharge Carolina Swine Breeders Randolph County Dear Mr. Bridges: As the result of a water quality complaint, Mr. Mike Mickey and Mr. David Russell of this office visited your hog operation on July 28, 1992. The complaint concerned the fact that the unnamed tributary to Sandy Creek just above SR 2442 was running dark and had foam typical of animal wastes. our investigation traced the discoloration back to your operation and found the problem to be coming from a broken irrigation pipe adjacent to the lagoon. Samples of the discharge and stream were taken, however, the results are not available at this writing. Please be aware that the non -permitted discharge of any type of wastewater to the waters of the State is illegal as per North Carolina General Statute 143-215.1. The discharge must be ceased immediately. As you discussed with Mr. Mickey over the phone on the 30th, the broken irrigation pipe needs to be uncovered and repaired. In addition, the irrigation lines need to be placed in an area that can be properly managed and inspected, q1 8025 North Point Boulevard, Suite 100, V' nston•Satern, NC_. 27106 -3 20 3 • Telephone I"(%KNTN" { - la 19) 996-7007 '146 7(Y15 FAX An equal Opportunity Affirmative Action employer a Mr. Marvin Bridges Page 12 July 31, 1992 You are requested to respond in writing to our Winston-Salem Regional Office on or before August 19, 1992, advising what actions have been taken to correct the problem. Please be advised that until you achieve compliance with regulations, you are considered to be in violation and could be subject to enforcement action and the possible assessment of civil penalties of up to $10,000 per day per violation. In addition, our office is in the process of preparing the necessary documentation to officially designate your hog operation as a "Concentrated Animal Feed Operation". This designation will subject your operation to all environmental regulations. Your cooperation in this matter would be appreciated. If you have any questions, please do not hesitate to contact Mr. Mike Mickey or me at (919) 896-7007. Sincerely, �� Larry D. Cob Regional supervisor 4L'DC / MMM j vm cc: soil Conservation service --# Randolph County Health Department Central Files WSRO i't': F s.�.. , � .•�' ipY '{yaN..r i':v 4�'pi-7i:�.!`1'7.�YJ',�.'jly�r{�-'_�`•�,�:;5'�' Y' r�'7'.'t'+?' .. .��•v'^�.'. �5�'r w.,.. SENDER: Complete items f and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN To" space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei t fee will gravlda you the name of the rson delivered to and the date of delive or edditM a eeT�Fs t to fal owing services are available. Consult • 5 postmaster for faas a nd c h ec k box esI for additional servica(s) requested. 1. 1,2(5how to whom delivered, date, avid addrercwe's address. • •... •,2. ❑ Restricted Delivery, r 3. Article Addressed to: 4. Article Number r' • ;. . 536 30 1 "863<t: �i ARDL1 A-Y'r� N _-• '" SV7TNEn 1i..DERS;; 1 IBERTY ,NC :-27298;;tit�y•=,. • r •' +. � `i�.� � � ,J.. i ,�rT':� � •.;yam 4.- , 5. Signature — Addressee y , • sr ,:. 6, Signature — Agent, , t a r'+ * gType of Service: .Z"' Registered'*(i;y , .rr: insured .r ��Certified - "1�:''• i C( D , •kkN Express Mail : e `y • '�} t . .Always obtstn signature of addressee or :agent and DATE DELIVERED.": , S. Addressee's Address (ONLY If ;yfrr'yrequested and fee pa d) ; • : ' i, filti'^ink. � ;>• ��, .t.iw':. ' � `. $. :'':•: iz•.. . 7. Date of Delivery ; • C Feb. 1986 �.. ;� r ,. ; , „00MESTIC RETURN RECEIPT RECEIVED C. Qept. of EHNi1 N. AI1913IM W rnton-Salem Regional Office August 11, 1992 To: Larry D. Coble From: Carolina Swine Marvin Bridges Subject: Waste Water Discharge In reply to your letter dated July 31, 1992 concerning waste water discharge at Carolina Swine. The irrigation pipe is being taken out at this writing. Grading is being done. New lines with new sprinkle heads will be installed. Work should be completed by 9-21-92. We will contact your office for inspection and permit to use new systems by 9-21-92 if permit is needed. Sincerely, Marvin Bridges 0 State of North Carolina Department of Environment, Health and Natural Resources Winstort-Salem Regional Office James C. Martin, Governor Division of Environmental Management Margaret Plemmons Foster William W. Cobey, Jr., Secretary Water Quality Section Regional Manager August 19, 1992 Mr. Marvin Bridges P. 0. Box 1247 Liberty, N.C. 27298 SUBJECT: Required Written Response Carolina swine Randolph County Dear Mr. Bridges: This letter is to acknowledge receipt of your correspondence dated August 11, 1992. our office appreciates you responding to the recent Notice of Violation letter and advising that repairs to the irrigation system are underway. As you stated, please give me a call once the installation is complete so that a follow-up inspection can be performed. Thank you for your cooperation. Please give me a call if you have any questions. Sincerely, Michael M. Mickey Environmental Technician cc: Central Files WSRo K)[ 5 Nurzh A)irtt &mIewrd, SIAV! IQ] W'instlxt•Saiim, I`C. 271063203 ' IT Ivnfxmc 919W)fiAW ■ Fax 91981Mi-AW An I7yual OpiNi unity Affirmative r%L jjjtn I:ne=1Icni'r Fnr fah rlc. r,Vt V DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY HELD -LAB FORM (DM1) COUNTY �� PRIORITY RIVER BASIN REPORT TO: ARO FRO MRO RRO WaRO WIRO R S ❑AMBIENT QA AT BM �(��y► Other 11r�lCOMPLIANCE CHAIN nuri �OF HAI N CUSTODY Shipped by: Bus Staff Other ❑EMERGEN COLLE[:TDR(S):' Estlmated DOD Range; 0-515-25/25-65140-130 or 100 plus STATION LOCATION: `R Seed; Yes ❑ No❑ Chlorinated: Yes ❑ Nu ❑ REMARKS; \,\ Station f7 Dale Begin {yy/rnm/dd) QTjime BSeegin hale End `� I �l� I� 1 110I15 310 15 b mg/I 2 COD high 340 3 COD Low 335 mg/l _ 1 Culiform: MF Fecal 31416 /loom$ 5 CI+111nrn1: MF Total 31504Y /100r111 6 ,7 W Collfnrm. Tlrbe fecal 31615 /10010 Culirr,rm: Fecal Strap 31673 /1001n1 R T Rrtiidur; Total 500 mU/I 9 Volatile 505 ,ng/1 Fixed 510 my/l 11 `T Residue: Suspended 530 MUM 12 Volatile 535 mg/1 13 fined 540 rng11 14 pfi 403 unity 15 Acidity to pit 4.5 436 mg/I 16 Acidity to pFi 8.3 435 mg11 17 Alkalinity to pit 8.3 415 mg/I t8 Alkallnity to pit 4.5 410 mg/! 19 TOC 690 mg/1 20 Turbidity 76 NTU SAMPLE TYPE ❑ STREAM ITEFFLUENT ❑ LAKE ❑ INFLUENT BTOrDy Lab Number: Date Received: �y Timr y Reed by; 4From: Bu. -Courier- hod I DATA ENTRY BY: DATE REPORTCd: 3 Time End Depth DM DII DBM Value Type — — A —11 L V Chloride 9-10 1Q Chi a; Tri 32217 1 Chi a; Cort 32209 nr;.1 Phenphytln a 32213 ugll ) 93 �AONI t;nful: pli 7.1, R2— --T—._ �!'.111tl Cyanl-i ` 720 nI911 1'Iuulirk-951 For maldehyde 7 18 80 rng11 ~ ,Color:lpil -- Grease and Oils 556 nvi/l Ilardrress 1-nia1900 n,g/1 Specific Cond, 95 01hos/r-nr2 MESAS 38260~ +ng/i Phenols 32730 ug/1 Sulfate 945 mgfl 5ulflde 745 ,ng/l Y V Tf{N as N 625 — r„ 1/1 NO2 1,1115 N0.1 ,, N 67(!0• rnq/1 f'04 as P 7t!5117 - .. _�--l+Iq:1-- PTl?issr,lved asp 6r6_--- -- •--...--•n1�/1 C'd-C.,Irn1wn 102..7 C:,tC'ulgler 1042 - ---'—'-- ag/1 Ni-Nickel 1067 T Pb-Lead 1051 uglf 7n•Ll,rc 1092 uq/1 Ag•511ver 1077 ug/I Al -Aluminum 1105 �US/1 Mr-BeryIIIum F012 u(1/1 Ca -Calcium 916 mg/1 Co -Cobalt 1037 og/1 Fe -iron 1045 u9/1 w�\ CoinposFte. ISample Type 7 S it <: t:NXX _ '.--- I i•t•it=,luny 1 f 32�.'A —�- _. i'S ! •� 1 ^ ring —!,km 92: W-�-- - •r S�lrninrn 1117 _ •��..-� .. 1t,rr,:1n1.11,l.,,':.• I':•sl+r i•='K '----- •- - ~� A•'i111IP+IIie_kirs-- -�-- _—.�_ __ _ ._ __I Zia <r/ Neutrn! Exltarta'•Ilr [1t!la1,ic• Arid Ex tracta hle 0)oiu+ics Puigeable tlrganirs (VOA buille rr-g j Phytoplank ton j Sampling Point X Co nductanca ai 25 C W ater Temperature C1 D.O. m9A pH Alkalinity Acidity Air Temperature JQ pit 8.3 pit 4.5 pl1 4.5 PH 8,3 2 94 10 300 • 400 ■ 82244 431 82243 82242 20 Salinity; Preelpltion Onlday) Cloud Cover f Wind DirettianCOegl tream Flow Save ty Turbidity Severity Wind Velocity MI11 can Stream Depth IL Stream Width ft. 480 145 32 136 11351 1350 3g 64 14 ' . �.. �� fit. a 1. �. �. • C n DMI/Revised 10/% • LI Appendix B Laboratory Data Sheets and Chain of Custody Form for Samples Collected 7-28-92. DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORAM (DM1) COUNTY � PRIORITY SAMPLE TYPE RIVER BASIN REPORT TO: ARO FRO MRO RRO WaRO WkR gR0 S 2AMBIENT QA Z11STREAM EFFLUEXT AT BM Other COMPLIANCE [ CIIAI14 [�^v INFLUENT OF CUSTD Shipped by.-13us .nurke Stall Other � EMERGENCY A � � {�17►'Jvl' COLLECTOR("): Estimated BOP Range: 0.5/5.25/25-65/40-130 or 100 plus STATION LOCATION: Seed: Yes ❑ No ❑ Chlorinated; Yes ❑ No ❑ REMARKS: For 1,11e Use UNLY Lab Number Qj u Date Recelved: time:tL r• Rec'd by: Prom: Bel -Court r-tiand Del DATA ENTRY BY. CK: DATE_ REPORTED: !1 1 •�c/ 3 t7 ^L Station �7' L � gin �yy/Mm/ dI Time Beg�kn l7afe Fnd Tkme End Depth DM DB bRM Value Type 1 J. 3. 1`�1 �j.� I A 11 L 1 V BOD5 310 �y` mg/1 2 3 h CO11 Fiigh 340 mg/i COD Low 335 mq/i Cnlifnrm: Alf Fecal 31516 /10nmi `- 5 _l — C�llfnrnl:Ml-Tntr1131504 /100t*11 6 7 R r) Culilnrm: Tube Fecal 31615 1I00m1 Cnlifnrsn: fecal Strep 31673 /1001111 Ite'l.lue: lot it 5fr mg/1 Vnlntlie 505 mq/1 11 F ixrd 510 mg/t Itrcidue: Suspended 530 mq/l 12 Volatile 535 mg/1 13 Fixed 540 mg/l 14 pli 403 units 15 Acidity to pit 4.5 436 mg/f 15 171 Acidity to pit 8.3 435 mg/1 1 Alkalinity so pit 8.3 415 mg/1 18 Alkalinity to pit 4.5 410 mg/l 19 TOC 680 mg/l 20 I Turbidity 76 NTU Chlarkle 940 13 mg/l Chi a; TO 32217 pull Cl,f a: Corr 32209 �� tr • I ;Ih-ophytin a 32213 ugll Cnlnr: True 90�'�— ht.O-n Cal III :IIII I ).3 Aural Color: jilt 7.6 82 ADMF -- ' CuL,11ji1e 7720 Mq/1 Vlltnrkh' 951 T— nill$ Fnrrnaldehyde 7149n nlq/I i:rr.lge anti Dit% 556 rng/1 AUdncss l otal 900 mg/1 Specific Cans{.95 uFfhoslcsn2 NWAS 38260� mg11 Phenais 32730 ug/I Sulfate 945 mg/1 SOW- 745 m9ll N113 as N 610'P�ry VVO mg/1 F _ V 1KN its N 625 C,�Y.�Y NO2 plus NI13 an N 630 , r1911 rna/I V P-- Tots) at P 6055 �3 r rgll 11O4 n5 P 70507 Inq/1 Y! 1': Tlitsnlv+'d ac i' r.66 nrRfl Cd-Cadmium 1027 WYogA Cr-Chramlitnl:Tr,1.t11011 purl Cu-[:npper I042 11g/1 NI-Nickei 1067 Ph Lead 1051 pull uu/l Zn-tlnc 1092 pg/I Ag-SFlver 1077 ug11 AI -Aluminum 105 nif/I Be•Berylllum 1012 u9/1 Ca-Calclurn 916 mgA Co-Cabafl 1037 ug/I Fe -iron 1045 ug/f IL' spositc • I Sampfc Tv T S B C [[c / GNXX �- ~ t•1-iIOhl trm 1132 — -4---. — t.gi1 M;f-itlagnrc{nrir o77 n•n: F1n-><lnnrf�nrw Ifl.� i�.�.T�...._�• ua r�rsrnlr;lut-1 IfNl7 Y--�^--- •- - •••I t S••-Srgrit 1ans 1141 Du-T',rnory 7I900 -• �- - -----n-1•I O1rR:•nr.chll,TII�P 1rL'SllChlr•5.•••• _ .--___ -... fl+•I lnnp�lsrlis•�tu+l'�•clr-k}ry ------ -• - Arkf Flrrt.ickley FSTarf Nrnlral I:%trar.sahlr [Tr�la rrrr-S Acid ExItnctat,te Ornanics Putgrable Vrgnnira (V[)A bottle s,j'd] Phytoplankton Sampling Point % 2 Conductance at 25 C 94 :Y.\ Water Temperature la 10 F.O. mg/l 300 � • pit % 400 Alkalinily pli 83 pit 4.5 8224A 431 Acldlty pH 4.5 pit 9.3 82243 82R42 Air temperature ICl 20 Salinity % PrecipRion an/day) Cloud Cover % Wind DirectionODeg) Stream now Severity Turbidity Severity Wind Velocity MAI ran Stream Depth Is. Stream Width W 480 45 32 136 11351 11350 35 164 4 4 N'"L:'\\t.tt Q_;, �'t1 Division of Environmental t[aaagement CHAIN OF CUSTODY RECORD For Investigation of L-NN1\i\N m_ALks SasRplea collected and Ma foms collected b Orily Station. Lab' No. No. StaEion Location by: ute tia. of Time Bottles ILi 4u W �3 L r Z� ro, Ral.inquished by( iguature): i Received by (S ignA ture) Date / Time Re l Rec b. cl `� Rec by 1 Rec by (Lab) 1 'Method of Shi mtnt: Securit a and Condition: Seal Lock b b Broken b en b : I -L3 U 5 E ONLY j i. ,..Y., *L `a'�{ �:� �w11.7 _�S!�iw� ti"`��"�._• w�•,- n.+..43�.,.��'Fv �� Y' �.��^-'L".�srP1��.�A�'�i.�n1+_ St`�f.!'w•�..:�A_:��1 :•i'.�•. .'w+� a'�i'..:.- .-,.w �r'-71-'^'-7h.2Ys'��.wi kr.y` �.}y .. �r:r tea... 47�d . P �P� • �.. - : .. i.• v- 1•• rti �'�'� ?r;•�H�w�j�i��' �r�a���;.'F: .��i, �y� i+.a�y� 5���. - �"i+�a: =ti r•r � Y, r �ek�:"tiwti c s�wr:.ti�:�.h.. �.�.�±.:r• ..•%.r .��l,.f: ..�'.-.+.• r>:...- .... ,.i A •,.��� ,;�1 r ,°:- '�.,� �" :�.% tz 68 571�•'-- -�� Carolina Swine Hog Operation l P.O. Box 1247 Liberty, N.C. 27298 `IL J Mr. Marvin Bridges and Bill Smith, Owners Located off of Sandy Creek Church Road I� r' J-' "•� `�' (SR2459) on Shady Hollow Road (SR2543) ��-•`''+kr V ��'' ` �� �tr bre A - Illegal Discharge Documentedon 7/28/92 N\'J� Randolph County D-ZQ_Sw �•� i f� s y 10 "z Cr _-• ter. } `_ ,``mil` T45= �rL � ' fl - I - -i_•- cam. � Lam• - �� a ��.� i�i C` J.•-.+ T � `` j Lj r-.,. �.. �• i � ,' ` � � � � San CYeek - ._- � � - �5 {+�y 9 l �'� 7 .. �- �i r. 1 �l •C L- r "r_-� •7 ]S1i�St�`';l �b •'L,-- Wye 2459 4 �Jr�' ���, �,�j.:.. � i�\ I r•r _rr 3 Sandy -reek Ch � ,n�., _ � •r t Lam` ' 'b' 1 - . -� 2459 - �•- lV, 24 - 1 ` `j, -1 _ � � �T' � �• �_ •'a ` r ' �� ram- ` ,� �`' • ' X'-'��' ��,.i' li ! � I - '/i =ter f �1 •� -.� '-+ •�,'•,�, � A� J N . \ - _ % '�`� ter.. -� ;r �t�®..�� r` �• .� «+,' � yy r=.--•-- � =�v ad a +; � rat ` r � ,�4,� � % ,�- �i --=,-•r�'�-•���r���•� -=r f '�_ _,r r ��_ _•'�'i +ram J •� �J �� -,"{x '` � f�f� _.•� �� rr. �, r— � � �:,,L�� � ], ram'! o -; r� �=.•-:i'r__ � ,,�1� '=� -�>�; .�,�,�,..-,! �� �I �;;: �" :�. _�� �.� �=: _ �r ��� •���5? _�11 L ''3�`,��a�•�_-�� ��� f � " �rr! Gar Q f , ��1!`�� ���;`'. • r 1� �r V' � (;rl' �J��r�� �•• �rl � :�; � f,,�- i �`.'SjJL '�- • ` , , , kw C.i•r ���r I .�� ' �� I�"1 �V ,.�r+$ 11�:--. '.L�= � J�/ �� � r Quarr. a-- �•�, '33 1 ( � ? f ' " �,-,� � t�.�L'� JI 1 � � , V ���' 11 -I � 1 �t� i� � I ti L� [r-_• _ � "� � hl ,ram 1 � � � ��J � ���� 0 � 1 ;t` •� f, L�7�9 �j�o JAI , '•� i�l}. `l;� �I'1;__� �; f_ 1�- ���� • .a, �,r.1V � � 11 r J 1��. 1 l D. �. ���_ - / � i\`. -O � �. � �-� ���} �J % �_^�S_- 5 ■{/] r � � � �//�j]7����j !J1/Art`1� �Y '• J ` .�.,; //./�.,1��} I;/� 1/_�1',��`�lV'I� >'�I - .- /.`�1(Ir'• .\.. 1 � It Ji _ -� l� �- t - � !f 11 �!� ! ! -- b .��4'I� I t :�/ i 1 L y State of North Carolina Department of Environment, Health, and Natural Resources Winston-Salem Regional Office James G• Martin, GovernorDivision of Environmental Management Margaret Plcmmons Foster William W. Cobcy, Jr., Secretary Water Quality Section Regional Manager July 31, 1992 CERTIFIED MAIL NO. P 535 301 861 RETURN RECEIPT REQUESTED Mr. Marvin Bridges Carolina Swine Breeders P. Q. Box 1247 Liberty, N.C.- 27298 SUBJECT: Notice of Violation Illegal Wastewater Discharge Carolina Swine Breeders Randolph County Dear Mr. Bridges: As the result of a water quality complaint, Mr. Mike Mickey and Mr. David Russell of this office visited your hog operation on July 28, 1992. The complaint concerned the fact that the unnamed tributary to Sandy Creek just above SR 2442 was running dark and had foam typical of animal wastes. Our investigation traced the discoloration back to your operation and found the problem to be coming from a broken irrigation pipe adjacent to the lagoon. Samples of the discharge and stream were taken, however, the results are not available at this writing. Please be aware that the non -permitted discharge of any type of wastewater to the waters of the State is illegal as per North Carolina General Statute 143-215.1. The discharge must be ceased immediately. As you discussed with Mr. Mickey over the phone on the 30th, the brok1en irrigation pipe needs to be uncovered and repaired. In addition, the irrigation lines need to be placed in an area that can be properly managed and inspected. r Mr. Margin Bridges . Page 12 July 31, 1992 You are requested to respond in writing to our Winston-Salem Regional office on or before August 19, 1992, advising what actions have been taken to correct the problem. Please be advised that until you achieve compliance with regulations, you are considered to be in violation and could be`subject to enforcement action and the possible assessment of civil penalties of up to $10,000 per day per violation. In addition, our office is in the process of preparing the necessary documentation to officially designate your hog operation as a "Concentrated Animal Feed Operation". This designation will subject your operation to all environmental regulations. Your cooperation in this matter would be appreciated. If you have any questions, please do not hesitate to contact Mr. Mike Mickey or me at (919) 896-7007. Sincerely, '9 Larry ❑. Cob Regional Supervisor � LDC/MMM/vm cc: soil Conservation Service Randolph County Health Department Central Files WSRO