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HomeMy WebLinkAboutSAM WILSON DAIRY FARM_CORRESPONDENCE_20171231NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 16, 1991 M E M O R A N D U M To: Harlan Britt Deputy Director Through: Larry Coble 9-6"� Regional Supervisor Steve Mauney WQ Supervisor From: Eric Galamb nz Environmental T cian SUBJECT: Enforcement Report Sam Wilson Dairy Farm Designated Concentrated Feedlot Violation NCGS 143-215.1(a)(1) Violation NCGS 143-215.1(a)(6) Violation NCGS 143-215.3(a)(7) Alamance County On August 22, 1991, the WSRO received a complaint of dead fish in a creek near Sam Wilson's Dairy Farm. The Wilson's spray liquid manure on their fields. On August 20, 1991, manure entered the stream. Mr. Wilson was aware of the manure entering the stream but he failed to notify the Division. The Wildlife Resources Commission was called to perform a "pick up". The fish replacement costs totalled $175.90. All water quality samples were sent chain of custody. Instantaneous D.O. was violated at the downstream site. Attached are two copies of the enforcement checklists detailing the violations. It is recommended that Mr. Sam Wilson be subject to enforcement action as deemed appropriate. Attachment cc: Office of General Counsel CWSR0, State of North Carolina Department of Environment, Health, and Natural Resources Winston-Salem Regional Office James G. Martin, Governor Margaret Plemmons Foster William W. Cobey, Jr., Secretary Regional Manager IIIVISION OF ENVIRONMENTAL MANAGEMENT October 17, 1991 CERTIFIED MAIL NO. P 536 301 109 RETURN RECEIPT REQUESTED Mr. Sam Wilson Route 6, Box 43 Mebane, NC 27302 SUBJECT: Recommendation for Enforcement Action Sam Wilson Dairy Farm Concentrated Animal Feedlot Alamance County Dear Mr. Wilson: This letter is to advise you that personnel of the Division of Environmental Management, Winston-Salem Regional Office, have conducted an investigation pertaining to violations of stream standards and the resulting fish kill from the illegal waste water discharge from the Wilson Dairy Farm on August 20, 1991. A report detailing the violations has been forwarded to our Division of Environmental Management Staff in Raleigh. The report concludes with a recommendation by this Office that the appropriate enforcement action be taken by the Director in accordance with North Carolina General Statutes 143-215.6. Should you have any questions, please contact Steve Mauney or me. Sincerely, A- ca�-- Larry . Coble Regional Supervisor cc:Office of General Counsel Steve Tedder WSRO W25 North Point Boulevard, suite too, Win=t Salem, N.C. M06-3203 • Telephone 2000I1 SM (919) 8967007 (919) 86-7W5 FAX An Equal Opportunity Affirmative Action Employer P-536 301 109 RECEIPT FOR CERTIFIED MAIL r NO IZWRANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and No. P.O., Slate and ZIP Code Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delwered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees S Postmark or Date , CIVIL PENALTY ASSESSMENT FACTORS FOR WATER QUALITY CASES Each factor must be addressed in detail even though other parts of the report may include this information. If unknown, state why. If not applicable, state why. a. b. On August 22, 1991, the WSRO was notified that the stream at Sam Wilson's Dairy Farm was black with manure. Immediately, inspectors left for the site. The inspectors met with Danny Wilson, son of Sam Wilson. Danny indicated that they were spraying liquid manure on the fields all day on August 20, 1991. The spray nozzle can send 600 gallons per minute on the fields. The spray head is moved every hour with a tractor. On August 20, 1991, the Wilsons' observed that there was runoff. A disc was taken to the soil/manure in an attempt to prevent the manure from reaching the stream. This violation could have been prevented if more attention was paid to the spray fields. The nozzle is moved and left alone for the hour before returning to move it again. Therefore, the cause of the violation was within the violator's control. It is noteworthy that on October 7, 1986, Mr. Wilson was designated as a Concentrated Animal Feedlot. According to the September 18, 1986 Designation Memorandum to Dr. George Everett, "This has occurred numerous times in the past and has been documented by the Winston-Salem Regional Office on four different occasions since 1977." (State how you arrived at your conclusion.) Mr. Michael Mickey and Mr. Eric Galamb from the WSRO arrived at the downstream sampling point at approximately 1:05 p.m. on August 22, 1991. Approximately 30 dead fish were observed in the downstream reach at SR 2126. The D.O. was 3.8 mg/l. This is a violation of the minimum instantaneous value of 4.0 mg/l. Please note that the spill occurred two days prior to the investigation. The five day BOD was 8.0 mg/1 at the downstream site. The N.C. Wildlife Resources Commission (Ms. Sherri L. Bryant) was asked to make a fish -kill investigation. Their report is in Attachment A. The runoff of the manure caused the dissolved oxygen to be reduced to a level that resulted in a fish kill. C. Duration of the violation. The violation occurred while spray irrigating on August 20, 1991. The duration of the violation is unknown. d. the water.) The violation resulted in a fish kill (See Attachment A). The affected stream is an U.T. to Haw Creek, a WS III NSW watershed. e. V4 A& ✓ taken. After the runoff was noticed, Mr. Wilson took a disc to prevent the manure from entering the stream. Mr. Wilson had previously constructed a "catch basin" at the toe of the drainage area per the guidance of the Orange Soil Water Conservation District as a result of previous fish kills. This "catch basin" was primarily full of solids and Mr. Sam Wilson indicated that he needed to excavate the catch basin once again. Dr. James Baker with the Agriculture Extension Service suggested on November 4, 1986, that Mr. Wilson add an auxiliary engine to the traveller so it would propel itself through the field. Mr. Wilson reported that he is using a tractor to move the spray head. Either the advice was not taken or the auxiliary engine no longer functions. The violator has taken the minimum steps to try to achieve compliance with environmental laws. f. cleanup costs. The fish replacement costs are the minimum costs to rectify the damage. The fish replacement cost is $175.90. q. The alleged violator's previous record of compliance or noncompliance (list other enforcement actions, civil penalties assessed, NOVs, NONs.) The DEM has responded five times now to problems resulting from Mr. Wilson's Dairy Farm. h. party immediate removal, etc.) There are no mitigating or aggravating factors. 1. 2. 3. 4. 5 6. CHECKLIST FOR WATER QUALITY VIOLATIONS NCGS 143-215.1(a)(6) Route 6, Box 43 Mebane, N.C. 27302 Same as above. Cattle manure entered the stream. Tne results were obtained on August 22, 1991: Upstream Site Downstream J.V. (mg/1) 7.9 4.8 3.8 �8�) 21 27 27 DvL p O (mg/1) 1.1 2.2 U 1." (m4/1) 0.09 9.7 4.3 lilLtlLllll ]LCu •aaa� w• ••••-- -- -- -- Liquid manure was sprayed on the ridge. An excessive amount was applied which resulted in an overland flow to an U.T. to Haw Creek. Name of state waters and class. The U.T. to Haw Creek is classified WS III NSW. iC Y1�•.ivu urur...— —._— _____ Include statement regrading confidence levels. The D.O. standard was violated. According to N.C. Administrative Code T15A: 02B. 0211 (6)(3)(B), "Dissolved Oxygen: ... not less than a daily average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/l The D.O. meter 12680 was initially calibrated and rechecked back at WSRO. The terminal D.O. (theoretical) was 7.81 mg/l while the actual D.O. was 7.7 mg/l. 7. 8. 9. 10. statement. Natural c quality standards. caused by "a single tions upstream met the water it not violations were caused ipset. The violation was itional upset." Y forms with the report. The samples were sent of custody (See Attachment B). LL a6,.cuw to why other dischargers are not responsible. The map showing sampling locations is presented in Attachment C. There are no known permitted upstream discharges. 11. Attach any permiL o .•.• ---- -- that may have any relevance at all to this particu discharge. There are no permits relevant to this discharge. Relevant documents are presented in Attachment D. 12. Costs of the investigation, itemized. Fish replacement $175.90 40.ZS� WRC $232.351 Mileage - 136 @ $•24 $ 32.64 Mickey - 6 hours $ 95.16 Coble/Mauney 2 hrs. ea. $ 90.00 Lab Samples $ 61.00 + je�G Film $ 6.00 Galamb - 17.5 hrs. $259.52 �— Typing $ 16.00 Total $968.57 13. Civil Penaity assessment sLac wia .- - ----- cases. Civil penalty asessment factors is attached. Mr. Sam Wilson Route 6, Box 43 Mebane, N.C. 27302 2. 3. Same as above. applications are pending. No permit was applied for by the violator. 4. List any other water guality permits held by the alleged violator, i.e. a nondischarge permit for the source of the discharge. No other permits are held by the alleged violator. 5. 6. waste is a liquid cattle manure. The samples and the pictures (Attachment E) show the waste. emergence). The waste flowed down gradient into the stream as portrayed in the pictures. 7. Name of the State waters and class. U.T. to Haw Creek is a WS III NSW water. 8. Cost of the investigation, itemized. See Water Quality violations checklist. 9. Civil Penalty assessment factors for water duality cases. Attached are the civil penalty assessment factors. CHECKLIST FOR FISH KILLS FOR REPLACEMENT COSTS (NCGS 143-215.3(a)(7)) 1. Secretary of State's Office. Mr. Sam Wilson Route 6, Box 43 Mebane, N.C. 27302 2. report from the Division of Wildlife Resources is in Attachment A. 3. Cause of the fish kill. Indicate the alleged violator's actions in causing the fish kill. Clearly state why you believe the fish were killed. The fish were killed as a result of manure, an oxygen demanding substance, being introduced into the stream. The manure caused the dissolved oxygen in the stream to be reduced to a point where the fish suffocated. Two days after the spill, DEM took an instantaneous D.O. sample which measured 3.8 mg/l. This is below the water quality standard in Administrative Code T15A: 02B. 0211 (b)(3)(B). 5. Attach lab reports and chain of custody forms. The lab reports and chain of custody form is in Attachment B. the sampling points is in Attachment C. A photocopy of 6. Cost of our investigation, itemized. The cost of the investigation is presented in the Water Quality violations checklist. 7. Assessment factors are not required. ,;Lc 1 NI.e. pept. tdRCl S p n 1 0 1991 ,` ins'rn alsm Regimial t ifics ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director August 30, 1991 Mr. Larry Coble, Regional Supervisor DEHNR Division of Environmental Management Water Quality Section Winston-Salem Regional Office Winston-Salem, North Carolina 27106 Subject: Fish Kill on Small Tributary to Haw Creek, Alamance County, August 23, 1991. Dear Mr. Coble: The subject fish kill resulted in fish replacement costs of $175.90 and investigative costs by Wildlife Resources Commission personnel of $232.35. The total costs allocatable to this agency are $408.25. Please advise if we can be of further assistance. Sincerely, Franklin T. McBride, Program Manager Division of Boating and Inland Fisheries FTM/lp cc: Mr. Kent Wiggins, Division of Environmental Management Ms. Shari Bryant, District 5 Fisheries Biologist Index No. HAW-1-19-? BIOLOGICAL INVESTIGATION OF FISH -KILL WATERS INVOLVED: Small tributary to Haw Creek COUNTY: Alamance. DATE(S): 22 August to 23 August 1991 A. OBSERVATIONS REPORTED: Eric Galamb from DEN contacted me at 1500 h. on 22 August 1991 and informed me there had been a fish kill on a small tributary to Haw Creek near Mebane. He requested a fish pick up at that time. Brad Hammers and myself proceeded to the site at about 1600 h. We observed approximately 20 fish in a small pool below SR-2128, we did not observe any fish above this road crossing. We proceeded along the creek about 300 yards and observed another 10-15 fish. We then went downstream to a bridge crossing on SR-1007. We did not observe any dead fish below or above this bridge crossing. We concluded that the kill took place somewhere between these two bridges. On a map, it appeared that the distance was approximately 1/3 of a mile. We decided a total pick up would be feasible. At 0900h. on 23 August 1991 Brad and myself proceeded to the site. We picked up all fish located between SR-2128 and SR-1007 (see map). All fish were classified to species and measured. Fish collection concluded about 1230 h. A summation of the data is attached. ,7v'i"„y: Shari L. BryaWt Fishery Biologist August 23, 1991 0.c a .0o 11d u E. COST SUMMARY: PROTECTION INLAND FISHERIES TOTAL B. FISH REPLACEMENT J2d�3O X ��•/� S p C. FISH TRANSPORTATION SW -TOTAL: S I �75. 90 S 90 0. FISH INVESTIGATION Q /V 0.r� SALARIES S . MILEAGE • / SUBSISTENCE BOAT RENTAL MISCELLANEOUS ' QO S S .23.2•3S s /75-90 TOTALS GRAND TOTAL $ . . /'70 /.+{lafioryl -Ac�br [5'ile—bll,ShL4 by flrne/ltn.n F-l'Shtrlts ,Socr[ly �o &j4 vrt J9Y2 'foe r r" rylA".rrMcny. DIVISION F N j1I For Lob Uee ONLY O E VIRONMENiAL MA AGEMENT WATER QUALITY FIELD LAR FORM (DM1) CG` COl1NIY PRIORITY _ SAMPLE TYPE RIVER RASIWC- 1'Ot RRO RIeRO ❑ 51 ❑EFLEII REPORT ARO AT BM PRO MHO W DDDAMRDM COMP NvID ❑LARE ❑ RawrxrOtber OPA.C. UBTOyDY by: IS: EWER .STREAM EsuARYShlypd Leb Number. Due Received:"' 1� ^'! Time, Reed by: �y� . I From: SuyCOYfI{r-Nand Del DATA ENTRY BY. \ �tj CRA_ DATE REPORTED: J _ ________ For Lab Use ONLY Lab Number. Date Race lvsdf�. _ ' � Tlms:''-' C ' Rec'd by: � J-'; � From:'DuA=6oule'.4i..d Del DATA ENTRY BY: \ CK: DATE REPORTED: COLLlCTORLSk 44L.-' � - :• - .`/ ,'... /�� C 1 . STATION LOCATION. EYlmamdBOD Ne>ys: Oi/S-tf/lbitV6O1I0 or100 Ddto sea* s. q C3 13 Y .d No ❑ .. QFYaQrta. .. -p�_.)[, ��; L ( L. F� i /O j" �M4dr q t' Station ''� �y 9n, (rp/e♦q/ Tlaa BegIQ Dpm Bad Tleea Ead Deptb DM DB DBN Vehm Type ' -::: ' Compoelts Sample Typ! "��i Z=3D .; A N i. T S B c c cNxx rWe.960 met NM as N 610 q.r '.. men et,Tel a::17 _:, -`USA: TKM as N 6t6 m6lt . :. uxv wm aao :P2 ... -- r,_'.'i mgrr �, .. r-' Chi a. Corr 3120p ,- -.� u ''. eel -_ '. NOt plus NO.T as N 650 maA 6 `:•� CoWora: V 31616 ' : /100m1 r '. `.. _ __ pbso tla • btili ::: . '. L0/1 P. Total u P 665 " ...em/I S CoWors RIFT otd bt¢P9 "' /100eY _Colon Troe M "; PSCo P06"P 70507. ... - mgA lCallimmic Tube Fecal 11616 ; '/t00m1 :: .:.--. CWor:1pH_ r 2 Bi�; , -• . d ADID `.'` P. Dissolved w P 666 �l.' i_: •. raei 7 :.,;.. Facw Sta.p'tpi ' i'/100eLL :' .:7 _lor: PN 7.f 4 � ','- �;._+ g -. RwMeiTotYlI0D `� ,r ., 'rmM :. � m0A 77 C&Cadmlum l0l7 . 9 _-.:_-VolatlM. :-... ,,...me1 .:.;:- 96l .;.. -_,. _. mel QCbromlrtm:TaW t006 `:- S.. ae1 10 `� -: FIW �l0 i ';':met: : FnrmaN�byd... I'll", t; :' . ol6/1 cctsvew tOs2 —: .eg/t 11 .`. •. Bespeade{t490 • ..;-erD/1 0yw.!P60I1,}666.i`i .. man ' , . .. t"kbe11067 o6A 12 ' -.. VoMtlN 555 •; aMl� ° ... FlarrAsaa'rofol /p0;t:.' :°-� tag/l. Pbiead 1051 . 13 ..: FTxed 560 ,d`i mD/1 _ " 6peeloC Coed r := �; ,a5mo✓w= 70-Zinc 1092 eel 16 :' .x 603 `, . lPltp 1®Afl..1t�60 ty6A 15 _ :: A;c" 4R PH 44 656 i : ° ':: ry/l- .. ' . Ph!eolR31t7 ' ._ . {s .•.ttel - 1 7 pig/l A"V 0. pH 64 AS so-so 9�5 etDA ::.. At Madopo 1105 y/1 _ 17 4 m �H Ri 116. :'_"wN SN06! N5� �:;aaN- BrBmW4s 101t,'.. 18AtbtltNt� d to PH 4I.S.f10 .',tag/! :" Ce-Calcium 916: met19TOC 690`1 �. _'f-: $ay4$0 TWbbtly 76 y: ' ..": ITN .: _It, Foiron 1045, ' - . '-. stall LI-Uthlum 1111 ael MpNaguwium 927 106/1 Mn-Ilaeganew 1055 eel MaSodlum 9E9 mel ArseolcTotal 10= - MA So -Selenium 1147 ael H0-Mercury 71900 .. 130/1 OrganxBleAos Pestktlta •• Orpsoaphowbome ybtldles Acid Hutaddes Saw/ Neutral Extractable Organks - Acid Examemble Orgaoks Forgeable Organic• (VOA bank mg'd) FbYmPtmbmn. sampb,D PpistB At 36 ater7rpamys AcWity . 'PHA ', Atr Tempsmmma I ep gy5�g: �ds� 1 . ,F �, , 67516 811e1 .. 182242 '.. 70 - - SaWlly i .. Pwelldokq ho",r Cloud Cowe3 ': DYstlm mAl. , ...,.. . Flom Sawa ft Tarbldlty Sewrlty ' Wind Velocity K/H fifisen Stream Depth It Stream Width IL . 480 - 45 32 - 36!` 1 1 I550356a 4 I-M k; 1: h; I-W lz 1 Lb-1.4 IOILL LIN W 7 -9 919191 till 1 .1 1:11 Tj 91 WITI p 9 1.5t] n [METER CALIBRATION REPORT DEM wo Free REGION S DATE _a _ - TIME NAME DO METER CALIBRATION METER SERIAL • MEMBRANE LAST REPLACED ? INITIAL CA IRED LINE - YE /NO I ZERO ES NO 11 TEMP a, THEORETICAL DO 49.43 11 WINKLER *I A* WINKLER •2 M vdWr I ACTUAL DO BAROMETRIC PRESSURE TERMINAL CALIB ITEMP THEORETICAL DO 7g/ WINKLER f 1 IWINKLER,92 ACTUAL DO 7-7 CONDUCTIVITY CALIBRA r METER SERIAL • PROBE LAST REPLACED 1BATTERIES LAST REPLACED INITIAL CAIL -IB-R-A-T-1 -ON-1 IRED LINE - TMNOjI ZERO - ff tS/N01 I K VALUE 01 TEMP ISTANDARD VALUE ACTUAL VALUE 02 TEMP STANDARD VALUE= I ACTUAL VALUE TERMINAL CALIBRATION 10 TEMP I STANDARD VALUE.VALUE ® TEMP STANDARD V JACTUAL VALUE SERIAL " pH METER CALIBRATION IMETER MFG BY BUFFER SOLUTIONS LAST REPLACED BATTERIES LAST REPLACED PROBE LAST REPLACED INITIAL CALIBRATION 1Q ITEMP BUFFER VALUE JACTUAL VALUE" ®ITEMP JACTUAL VALUE TERMINAL CALIBRATION 10 TEMP I ACTUAL VALUE ® TEMP I I ACTUAL VALUE W% For Investigation of Division of Environmental Management CHAIN OF CUSTODY RECORD N.C. Dept. NRCD (� AUG 22)1991 `V Winston-Salem Regional Office —r--- b O:ily Lab -No. ------- ......Ant rorau cawLeted Dys Station. No. station cation. Dat• No. of tiaa Hotel•. Son !•e `. •Z� I () o - l�y(Signature): gSecurite Receivedby(Signature): Recb Rec by Rec by (Lab)entSeal Date / Time Condition: b Lock bOpen Broken Dhd b iJA cv 17Tv 7A K F ; \ •"-' - �,- --, - ' >^,tsd�. Vim° .a.y • r— +� ��_ r 611 as I � �\r .;�\ . . � I /_.� i . i . / •• ` `.. /• �1�� Ilk `/ n a• l . r Sgfler �In �PSrN� � � � � �� f s,5�.- •F I� �J 6 ((lam J �_ - ar. a6 �` ' IOW 1 I, •� �1: 19e1 .-.ice � DISCNtK6'E LouwrlOrJ r;i N�/ / - p sk �� ki �i �o Cem'�f EXi Enrr of �S H I�iL�..tI', •-\°a'.._f I \I I \ I L ZI SE L � <<o 11 / • yl 0`a'-4' 1 gry �t/�//,I�•I IlkI�11 Lo Lr � � '✓ � 3�� I i/; ,I a -� ,vev n / �,Mr� i x REM= N.C. Dept. NRM NOV 10 t966 Division of EMAronmental Management yvinaton•SalemReg• Of a State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor DIVISION OF ENVIRONMENTAL MANAGEMENT S. Thomas Rhodes, Secretary October 7, 1986 CERTIFIED MAIL RETURN RECEIPT —REQUESTED Mr. Sam Wilson Wilson Dairy Farm Route 6, Box 43 Mebane, North Carolina 27317 Subject: Notice of Designation Wilson Dairy Farm Alamance County, North Carolina Dear Mr. Wilson: This letter is to notify you that the Wilson Dairy Farm in Alamance County has been designated by the Director, Division of Environmental Management, a concentrated animal feeding operation and should submit applications for an NPDES Discharge Permit in accordance with Title 15, North Carolina Administrative Code 2H 0123 and adopted Federal Regula- tions 40 CFR 124.82 (a)(2)(ii). Attached for your information is a copy of the Director's designation. An evaluation of your Dairy Operation conducted August 11, 1986, and September 8, 1986, by members of the staff of the Water Quality Section, indicated that your Dairy Operation is a concentrated animal feeding operation. This designation was made based on the following considerations: The location of the feedlot relative to the surface waters of the State; 2. The direct discharge of animal waste to the State's surface waters; and 3. Indication of dissolved oxygen and fecal coliform violations in an unnamed tributary to Haw Creek, thereby requiring the submission of applications for an NPDES Discharge Permit. PO. Bat 27697. Raleigh North Carolina 27611-7697 Tclephonc 919 7334198/ An Equal Opponwmy i Alflrtnui a Action Employer Mr. Sam Wilson Page Two October 7, 1986 If you can permanently eliminate the discharge of wastewater to the surface waters of the State, by such minor changes as can be effected within sixty (60) days from receipt of this notice to submit permit applications (such as, but not limited to, diversion of outside drainage from pen areas, modifications to lagoons, closing off drainage ditches). a permit application will not be required. If, however, modifications necessary to permanently eliminate the discharge of wastewater to the surface waters of the State cannot, or are not completed within sixty (60) days of receipt of this notice, a permit application must be submitted. For your information, the following items are enclosed: 1. One copy of the Federal Register - Concentrated Animal Feeding Operations 40 CFR 124. 2. Three copies of NPDES Discharge Permit Application - Short Form B. If you cannot permanently eliminate the discharge within sixty (60) days, the permit applications will be processed. Said permit will contain a time schedule leading to the completion of construction of an animal waste management system which will assure that discharges to the surface waters do not occur. We know from past experience that excellent advice with regards to managing animal waste may be obtained from the North Carolina State University's Department of Biological and Agricultural Engineering at (919) 737-2675. If you need any technical assistance in this matter, I strongly suggest that you contact the Department of Biological and Agricultural Engineering. Permit applications should be submitted, in duplicate, to the Director, Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611. Assistance, if desired, can be obtained by contacting Mr. Larry Coble, Regional Supervisor, North Carolina Depart- ment of Environmental Management, Water Quality Section, 8025 North Point Boulevard, Winston-Salem, North Carolina 27106, telephone (919) 761-2351. The applications should be accompanied by construction plans for the non -discharging animal waste management system. y Mr. Sam Wilson Page Three October 7, 1986 Should you have any questions regarding this matter, do not hesitate to contact us. _ lity Section Chief Enclosures cc: Mr. Thomas Hilliard N.C. State University, Dept. of Biological and Agricultural Engineering N.C. State University, Agricultural Extension Service Water Enforcement Branch, EPA WSRO V AUG 2 ? test Winstor.-Salem Hegiona+.Office DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE August 22, 1986 MEMORANDUM TO: R.W. Van Tilburg FROM: Wally Sanford (,r % Jim Greer!- l SUBJECT: Fish Ki1T of Mid -July at Sam Wilson's Farm Alamance/Orange County In response to questions raised as to the origin of fatal stress on these fish, Mr. Greer and I agree that upstream of Mr. Wilson's feed lot fish were not in distress, water appeared clear, and dissolved oxygen was repeatedly measured at adequate levels. Downstream there was 100% fish kill, floating solids, and measured anaerobic conditions. Jessica Howells took samples that should document our observations. Therefore, in our opinion, the necessary and sufficient condition for the subject fish kill was clearly the runoff of lagoon waste from Mr. Wil- son's farm and not low flow or dissolved oxygen. We recommend assessment of DEM and Wildlife expenses, but no civil penalty. WS:JG./jf BLE ...., . .., ... P.O. Box 299 32x W[n M.xxn SnmI BWlO11N0 F(11212'2N Gx[NeF010. NC 27402-0299 6-3]00 QCongre�� of tfjenitea btateg ro101 ]]]-6006 610 FNIMWI[ BOULEVARD cOwwml[s: JUDICIARY jboua of Aepreantatibeg 141114 POIM, NC 27200-4742 (0191980-6100 SMALL BUSINESS Na bington, M 20515-3306 124 WEST ELM STREET . Gu,w.M. NC 27253-0814 (919122M I59 P.O. Box 1013 110A Wu[ Slcmo Stxm LW1141011, NC 27203-1813 �r ♦ August 7, 1986 REi'NOD D (7041249-7011, Ext. 305 Mr. Paul Wilms Director Environmental Management Division P. 0. Box 27687 Raleigh, North Carolina 27611 Dear Mr. Wilms: AUG 1 1 1988 ,. QU of End ron7 *nw um I)a`a;a1Eh. M 4 This is written on behalf of Mr. Sam Wilson, Route 6, Box 43, Mebane, North Carolina, a dairy farmer. It is my understanding that a large number of fish died in the Haw Creek in mid —July, and that State authorities investigating the kill, notified Mr. Wilson that manure —laden water he used from his lagoon to water his parched corn field was the probable cause for the kill. Our concern centers around whether the NRCD has the capability of determining if the fish died from the spill into the creek or if they died as a result of the drought. If Mr. Wilson is held completely responsible for the kill, he will be charged for the investigation and the replacement value of the fish. The figure totals approximately $950, according to information obtained from the Fish Division. As with all farmers, Mr. Wilson is struggling. I trust it will be possible to determine the cause of the kill, and to ensure that if Mr. Wilson is held liable for the investigation and the replacement value, that his liability will only be assessed on the basis of the number of fish which actually died as a result of anything he may have caused. Your attention to this matter will be greatly appreciated. Please advise me about the disposition of this matter. 1,T'1 i Sincerely, 14 WARD A�COBLE Member of Congress WATER OMLITY SECTION Vj u2rwc-n_ V I LSO nl I Tk -iJ 'To ekPet1.T. wJ n,. t RECEIVED Index to Inland Fishing Waters, No-Hal-1-1 -19 AUG 419.. �iGH l._GI?A.-AL (,rFlr- BIOLOGICAL INVESTIGATION OF FISH -KILL (Waters Involved) Haw Creek County(ies) Alamqnce & Orsnze Date(s): From 7/18 To 7/19/86 A. OBSERVATIONS REPORTED: I received notification of a fishkill in Haw Creek off Mebane Oaks Road(SR-1007) near the Xlamance and Orange County line from Doug Flake, Area Sergeant for the Wildlife Resources Commission's District 5 area at 2115 hours on 17 July, 1986. Mr. Flake indicated that a variety of fish species were observed dead by Mr. "_'ommv Hicks who lives next to the creek. At 2130 hours, I called Mr. R.W. Van Tilburg whose with the Raleigh Regional Office of Environmental hanagement and informed him of the kill. Mr. Tilburg Informed me that Mr. Wally Sanford with the `Dater Ruallty Section of Environmental "anagement would inspect the kill site during the night and contact me the next morning. I arrived at Haw Creek on 18 July, 1986 Flake and Mr. Hicks. I then inspected SR-1007 and a mile stretch below. The at 0830 hours and met with Mr. the cre-k for 4F mile s1retch above creek was very turbid(black) and appeared to be contaminated with livestock prevalent). Dead fish were mainly confined approximately 290-300 yards above and below I then contacted Wally Sanford by phone to learn if a fish pick-up would he required. Winston-Salem Regional Offle e, Mr. Sanford advisable to conduct a pick-up. sewage(a polanant odor was to a stretch of the creek the SR-1007 road crossing. report my findings and to After consultation with the inf.orned me that it wo>>ll be I then contacted Shari Lunardini, Assistant Fishery Biologist in District 5 and requested that she bring the necessary eeuipment needed for the fish kill assessment. A total fish pick-up was conducted by 4 Commission personnel over a 2 hour neriod. Fish were then classified as to srecies, inched classed and weiched. The dead fish were then transported by Commission pa-sonnel to the Alamance County landfill. The majority of lead fish collected were bream and catfish species. Because fish were still in distress downstream of SR-1007, j insrect.ed veT., Creek on 19 July, 1986 to see if an additional pick-up wouli be necessary. I observed annroxtmately 40 more dead fish along a ; mile stretch below the previous dav's sample area. I Included these fish In the late repo-ted based uron th known number and w6ight pereentaves from the initial pick-up. I also observed increased stream flow in the creek which was helping the water quality. Apparently, Environmental ganagement hai reouested that fresh- water be rumpe9 into the tribut<,ryto lrcr-q?;" fls^olvPd oxvr.en lev=ls. An Sntervlel.,, !'as previle.'l tF`P Tlurlln-ton lime`: NP'.;S rPr ^P. Tj 11 r?St to explain the Co"Imission's rfn r�.p1 ilitiep q.^.l activities. ,,, OF,OEAD FISH: „CEMENT COSTe: // e FISH �t-%'a •af.•..!/ SPECIES: OGTH NUMBER WEIGHTVALUE/FISH w VALUE/LB. TOTAL VALUE i0' —_ .2• - 4 AL -.._ . g SPECIES: 'GTH. NUMBER WEIGHT VALUE/FISH or VALUE/LB. TOTAL VALUE N,.. S.- 6.- 9. - 2- .... FISH TRANSPORTATION COSTS. GAME FISHES: From — jo .. SPECIES: L[r.n •: / ��` �L . NUMBER WEIGHT VALUE/F ISN or VALUE/LB. TOTAL VALUE lY'7 D•yl 7 /S y O-Y7 1741,73 10 0. S-f lzs-67 /•/ z SPECIES: NUMBER WE IGRT VALUE/FISH Q VALUE/LB. TOTAL VALUE Miles one-way 0 S0.30/Mil• . S DEAD FISH: , NT COSTS: FISH SPECIES: TH NUMBER WEIGHT VALUE/FISH v VALUE/LB. TOTAL VALUE 5Mop 0.2o vo •__ .c 9.3k,0 34 i7./l ,L 6Z — — _ SS.L SPEC IES: ITH NUMBER WEIGHT VALUE/FISH or VALUE/LB. TOTAL VALUE P — I S' s• .__L .:.f�� te. L Y O j y kL � - ySI.YO FISH TRANSPORTATION COSTS: !AME FISHES: From SPECIES: C11/1J.4—;..(`, — -5'G �l' NUMBER WEIGHT VALUE/FISH or VALUE.LS. TOTAL VALUE 7 •S!.' -Z. C.3� j 3� SPECIES: NUMBER WE IGMT VALUE/FISH Q VALUE/LB. TOTAL VALUE To _ Milae oM+�y • 30.30/Milt . S 0 PriNVESTIGATORS: ISti-KILL IMVLSI IGAI IUMI PROTECTION PERSONNEL MILEAGE NAME L HOURS SALARIES SPI. w c = f ]iO BOAT RENTAL SUBSISTENCE f3.00/HR. MISCELLANEOUS f f f I • SUBTOTAL, PROTECTION f f f f f FIELD INVESTIGATORS INLAND FISHERIES PERSONNEL 1/., r �C/-. z.. ---------------- SUBTOTAL, INLAND FISHERIES /y f •, f 2l 73 f CC f f/pi c•c REPORT AND EVALUATION PREPARATION: NAM�F, HOURS ,,''S''IIALARIES44 SUBTOTAL ;RAND TOTAL f S. FISH REPLACEMENT C. FISH TRANSPORTATION 0. FISH INVESTIGATION SALARIES MILEAGE SUBSISTENCE BOAT RENTAL MISCELLANEOUS TOTALS GRAND TOTAL PROTECTION INLAND FISHERIES ,q6. �0 SUB -TOTAL: 9G. Gb 23 o a n TOTAL s S9A.4D Are, k�11 S;a Sys I v \c W i V - _ NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT > DIVISION OF ENVIRONMENTAL MANAGEMENT Winston-Salem Regional Office September 12, 1986 MEMORANDUM TO: L. Page Benton, Jr. Deputy Director THROUGH: George Everett Water Quality Section Chief FROM: Larry D. Coble Regional Supervisor (� PREPARED BY: Jessica Moss Howellsq Environmental Technician SUBJECT: Concentrated Animal Feedlot Designation Sam Wilson Dairy farm Alamance County, North Carolina Attached is a Report of Investigation conducted on August 11, 1986 and September 8, 1986 by the staff of the Winston-Salem Regional Office concerning Sam Wilson's Dairy Farm. Also attached are a suggested memoran- dum of designation as a feedlot for the Director's signature, letter of designation with a copy of the appropriate Federal Register, three copies of Short Form B Application for NPDES Permit, one copy of supplementary instructions for the Section Chief's signature and a copy of a Report of Investigation conducted on January 14, 1986. It is our recommendation, as indicated by the report, that the owner of the subject operation be required either to cease any discharge of wastewaters to the surface waters of the State or to submit applications for a permit to discharge wastewater to the surface waters until an animal waste management system can be constructed which will assure that discharges to surface waters do not occur. It should be noted that Mr. Wilson has both the means and the knowledge to properly conduct his dairy operation so as to prevent any discharge by using land application techniques. Because he has demonstrated that he cannot consistently operate without a direct discharge, it is felt by WSRO that Mr. Wilson's dairy operation in Alamance County should be designated a concentrated animal feedlot operation. L. Page Benton, Jr. Page Two September 12, 1986 If you have any questions or require additional information or documentation, please advise. LDC/JMH/cm Attachments cc: Central Files WSRO NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT •i DIVISION OF ENVIRONMENTAL MANAGEMENT K Winston-Salem Regional Office Report of: Concentrated Animal Feedlot Designation Place Visited: Sam Wils.on's Dairy Date: August 11, 1986 & September 8, 1986 Rt. 6, Box 43 River Basin: Cape Fear Mebane, N.C. Time Spent: 8 Hours By Whom: Jessica Moss Howells;'�Environmental Technician V Person(s) Contacted: Mr. Sam Wilson, Owner Directions to Site: From Winston-Salem proceed East on I-40 to I-85 North past Mebane.to Mebane Oaks Rd. (SR1007). Turn right (South) on Mebane Oaks Road.and travel 0.85 miles to SR2128; turn left and travel 0.25 miles and Sam Wilson's dairy farm will be on the left. Receiving Stream: U.T. to Haw Creek Classification: WS-III River Basin: Cape Fear, 03-06-02 Drainage Area: NA Number of Animals Fed: Approximately 450 Type: Holsteins Total Animal Units: 450 Longitude: 79"15'53" Latitude: 36°03'51" Elevation: 575' Size of Animal Feeding Area: Mr. Wilson has 240 acres, 100 acres is in pastureland and about 2 acres contains the feeding and milking areas. Amount of Waste Reaching Navigable Water: Mr. Wilson estimated that 3000 gallons of manure reached the surface waters during the spill that occurred on July 14, 1986. In an investigation conducted March 19, 1986 concerning scum in the stream, Mr. Wilson said that he had lost 10,000 gals. of waste to the stream during Location of the Animal Feeding Operation Relative to Navigable Water: the week before the Feeding operation is approximately 900 feet from the affected stream. investigation. y Page Two The Means of Conveyance of Animal Wastes and Process Waste Waters into Navigable Waters: Animal wastes gain access to the stream by way of Mr. Wilson's waste management system. The WSRO has documented spills occurring. at Mr. Wilson's farm due to a hole in an irrigation line, the overloading of waste on application fields and the subsequent runoff of waste, and the overflow of Mr. Wilson's waste lagoon. Pollutants are Discharged into Navigable Waters through a Man -Made Ditch, Flushing System or other Similar Man -Made Device: v Yes- By way of the spray irrigation system No Pollutants are Discharged Directly into Navigable Waters which Originate Outside of and Passes Over, Across, Through or Otherwise Come into Direct Contact with the Animals Confined in the Operation: Yes X No Sam Wilson Dairy Farm Concentrated Animal Feedlot Designation Alamance County Report: On July 17, 1986 the Raleigh Regional Office received a report of a fish kill on Haw Creek on SR1007 in Alamance County. Mr. Wally Sanford investigated and found that the fish kill had resulted from the discharge of a large amount of animal waste to an unnamed tributary to Haw Creek from Mr. Samuel A. Wilson's dairy farm. Mr. Sanford discussed regulations and clean-up techniques with Mr. Wilson; Mr. Wilson indicated that he would pump out the solids and remove the dead fish. The following day, July 18, 1986, Messrs. Greer and Daniel with the Raleigh Regional Office supervised the clean-up. I also went to the site as Mr. Wilson's farm is in Alamance County (which is the responsibility of the Winston-Salem Regional Office). I took dissolved oxygen (D.O.) readings. The D.O. downstream from Mr. Wilson's dairy at SR1007 was 0.6 mg/l; the D.O. at Mr. Wilson's dairy farm at SR2128 (where there was a large amount of solids) was 0.6 mg/l; the D.O. upstream from Mr. Wilson's dairy at SR2187 (Wilson Road) was 6.8 mg/l. Photographs were also taken at these locations. North Carolina Division of Inland Fisheries Staff conducting a count of fish killed estimated the number of dead fish at 800 to 900. Mr. Wilson and his son, Danny Wilson, were pumping solids out of the creek. Mr. Wilson estimated that 21,000 gallons of liquid were pumped from the creek that day. Mr. Wilson also indicated that only 2000 to 3000 gallons of manure was discharged to the creek. He said that they had been spray irrigating their corn fields approximately three days before the fish kill and, when the hose was pulled too tightly, a junction between two hoses began to leak. This ran off the field and to the stream. When he saw the stream turning black he told Danny to turn off the pump; however, he did not pump the manure from the stream nor did he notify our Office. Mr. Wilson installed two waste lagoons in July, 1977, as a result of complaints concerning animal waste from his dairy being discharged to the stream. The Orange County Soil Conservation Service designed the lagoons and the North Carolina Agricultural Extension Service assisted in funding the installation. Only one lagoon is currently used as an animal waste lagoon; the other lagoon is being used as a fresh water pond. On May 15, 1983 a complaint investigation by staff of the Winston- Salem Regional Office again found animal waste from Mr. Wilson's dairy farm being discharged to surface waters. During the investigation it was found that the lagoon was overflowing at a low point on the far side of the lagoon. Mr. Wilson was told to build up the earth wall of the n d Page Two lagoon to better contain waste and to inspect the lagoon on a regular basis. I also conducted a complaint investigation concerning Haw Creek on March 19, 1986. I took D.O. readings (13.2 mg/1) and BOD, COD, residue, ammonia, and metals samples. At the time of the investigation Mr. Wilson's animal waste maintenance system appeared well maintained and I saw no sign of a discharge. Mr. Wilson admitted that there had been an accidental spill at this spray irrigation site when one location was overloaded. However, he indicated that approximately 10,000 gallons of manure were lost and, because of the high D.O. in the stream, I thought that this quantity was unlikely. Sample results did indicate numerous water quality violations. The fecal coliform level was 3100/100 ml; total dissolved solids were 1200 mg/l; manganese was 8300 ug/l; copper was 130 ug/l; and zinc was 270 ug/l. Water quality limitations for WS-III waters (Haw Creek is Class WS-III) are 1000/100 ml for fecal coliform, 500 mg/l total dissolved solids, 200 ug/l manganese, and action levels of 15 ug/l and 50 ug/l for copper and zinc respectively. Mr. Wilson said that he would be more cautious in the future. Due to the number of times that waste from Mr. Wilson's farm has gained access to the surface waters of the State, I conducted investigations on August 11, 1986 and September 8, 1986 to determine if the Wilson dairy farm met the criteria needed to be designated as a concentrated animal feedlot. It was determined that Mr. Wilson has approximately 450 Holstein cattle that he feeds and milks in a covered area with a concrete floor. The cows stay in this area overnight, are driven to fields during the day, and are gathered up again in the evenings. As such they are contained in the feeding and milking area for more than 45 days during the year. Waste from this area is scraped and hosed down the sloping floor of the feeding area to a ditch which carries the waste to the lagoon. Mr. Wilson said that the feeding and milking area is cleaned every other day. He estimated that this area was approximately two acres in size. The feeding area itself consisted of two lanes 300 feet by 14 feet in size, as well as a third feeding area that was approximately 50,000 square feet. Mr. Wilson said that his lagoon holds approximately 1,000,000 gallons and the waste is land applied about three days out of every week. The application area is Mr. Wilson's feed corn crop and border areas. After the July 17, 1986 fish kill, Mr. Wilson dug three pits at the low points in the pasture below the application area to catch runoff. One pit was full of rainwater during the investigation. The pits would hold approximately 1000 gallons each. When spray irrigating Mr. Wilson said that they check the sprayer every hour and move it to a different location if necessary. Page Three During the August 11, 1986 investigation D.O. and pH, readings were again taken as were fecal coliform samples. The D.O. was:3.2 mg/I, the pH was 6.7 S.U., and fecal coliform was 240/100 ml downstream from the dairy•at SR1007. At the dairy at SR2128, the D.O. was 3.4 mg/l, the pH was 6.9 S.U., and fecal coliform was 43,000/100 ml. Upstream from the dairy at SR2187 the D.O. was 7.4 mg/l, the pH was 7.0 S.U., and fecal coliform was 40/100 ml. Water quality standards for D.O. and fecal coliform are 4.0 mg/l (minimum instantaneous value) and 1000/100ml, respectively. Due to the documented water quality violations in Haw Creek and in an unnamed tributary to Haw Creek and to unpermitted discharges of waste- water to the unnamed tributary it is recommended that Sam Wilson's dairy be designated a Concentrated Animal feeding Operation. It is also recom- mended that sufficient actions be taken to prevent further discharges to waters of the State. /4 �� /•' f" r DSDm.I 'ki lh I F\ee 6 ..[ . •��� �!�'\'�/,MIS 1. J 65� ,.3094 � so /j •TINI<r , 1�'\ems 650 .� • 1 c •�' auk \l .,; ,• .: J _- �J\ i 00� ! p All "11lJ1IAAI I �.l�r�Otil �II.AiT/s I'ATM- -�AC JOCATWA oN: IA 3l0°03'.5l'� dawN s-kIEA,A- SAIC)I;11 N N� 600 AkAP 0 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James C. Martin, Covemor & Thomas Rhodes, $ecrmry CERTIFIED MAIL N0. P 039 815 904 RETURN RECE PT REQUESTED Mr. Sam Wilson Wilson Dairy Farm Route 6, Box 43 Mebane, North Carolina 27317 Dear Mr. Wilson: September 18, 1986 R. Paul Wilms Director Subject:_W'Jssn--Barr Randolph Count orth Carolina This letter is to notify you that the Wilson Dairy Farm in Alamance County has been designated by the Director, Division of Environmental Management, a concentrated animal feeding operation and should submit applications for an NPDES Discharge Permit in accordance with Title 15, North Carolina Administrative Code 2H .0123 and adopted Federal Regulations 40 CFR 124.82 (a)(2)(ii). Attached for your information is a copy of the Director's designation. An evaluation of your Dairy Operation conducted August 11, 1986, and September 8, 1986, by members of the staff of the Water Quality Section, indicated that your Dairy Operation is a concentrated animal feeding operation. This designation was made based on the following considerations: 1. The location of the feedlot relative to the surface waters of the State; The direct discharge of animal waste to the State's surface waters; and 3. Indication of dissolved oxygen and fecal coliform violations in an unnamed tributary to Haw Creek, thereby requiring the submission of applications for an NPDES Discharge Permit. MINhon PArs tion Pays P.O. Box 27667, Raleigh• North Gtdina 27611.76g7 Tekohone 919733.7015 Mr. Sam Wilson Page Two September 18, 1986 If you can permanently eliminate the discharge of wastewater to the surface waters of the State, by such minor changes as can be effected within sixty (60) days from receipt of this notice to submit permit applications (such as, but not limited to, diversion of outside drainage from pen areas, modifications to lagoons, closing off drainage ditches), a permit applica- tion will not be required. If, however, modifications necessary to permanently eliminate the discharge of wastewater to the surface waters of the State cannot, or are not completed within sixty (60) days of receipt of this notice, a permit application must be submitted. For your information, the following items are enclosed: 1. One copy of the Federal Register - Concentrated Animal Feeding Operations 40 CFR 124. Three copies of NPDES Discharge Permit Application - Short Form B. If you cannot permanently eliminate the discharge within sixty (60) days, the permit applications will be processed. Said permit will contain a time schedule leading to the completion of construction of an animal waste management system which will assure that discharges to the surface waters do not occur. We know from past experience that excellent advice with regards to managing animal waste may be obtained from the North Carolina State University's Department of Biological and Agricultural Engineering at (919) 737-2675. If you need any technical assistance in this matter, I strongly suggest that you contact the Department of Biological and Agricultural Engineering. Permit applications should be submitted, in duplicate, to the Director, Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611. Assistance, if desired, can be obtained by contacting Mr. Larry Coble, Regional Supervisor, North Carolina Department of Natural Resources and Community Development, Division of Environmental Management, Water Quality Section, 8025 North Point Boulevard, Winston-Salem, North Carolina 27106, telephone (919) 761-2351. The applications should be accompanied by construction plans for the non -discharging animal waste management system. Mr. Sam Wilson .Page Three September 18, 1986 Should you have any questions regarding this matter, do not hesitate to contact us. Sincerely, George Everett Water Quality Section Chief Enclosures cc: Mr. Thomas Hilliard N.C. State University, Dept. of Biological and Agricultural Engineering N.C. State University, Agricultural Extension Service Water Enforcement Branch, EPA WSRO NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT September 18, 1986 MEMORANDUM TO: George Everett, Chief Water Quality Section FROM: R. Paul Wilms, Director Division of Environmental Management SUBJECT: Designation of Concentrated Animal Feeding Operation Sam Wilson's Dairy Farm Alamance County, North Carolina On August 11, 1986, and September 8, 1986, Jessica Howells,.Environ- mental Technician V in the Winston-Salem Regional Office, conducted an inspection of Sam Wilson's Dairy Farm for the purpose of making a determi- nation as to whether or not the dairy should be designated a concentrated animal feeding operation. During the course of the inspection, the following determinations were made: 1. Animals are confined for more than 45 days in a 12-month period; 2. Forage is not sustained in the areas of confinement; 3. Approximately 450 mature dairy cattle are maintained in the area of confinement north of SR2128 in Alamance County; 4. Due to inadequate animal waste management techniques animal waste is allowed to enter the State's surface waters by the malfunction of land application equipment, the overloading of waste and resultant runoff from an application area, or the discharge of animal waste from Mr. Wilson's lagoon. This has occurred numerous times in the past and has been documented by the Winston-Salem Regional Office on four different occasions since 1977. 5. Samples taken of the U.T. to Haw Creek on July 18, 1986 revealed a dissolved oxygen (D.O.) level upstream from Wilson's dairy (SR1140) of 6.8 mg/l. At Wilson's dairy (SR2128) the D.O. was 0.6 mg/l. Downstream from Wilson's dairy on SR1007 the D.O. was 0.6 mg/l. There were 800 to 900 fish that died as a result of this D.O. depletion, according to the N.C. Division of Fisheries. Samples George Everett Page Two September 18, 1986 were also taken on August 11, 1986. Upstream from Wilson's dairy at SR1140 the 0.0. was 7.4 mg/l and the fecal coliform level was 40/100 mi. At Wilson's dairy at SR2146 the D.O. of the U.T. was 3.4 mg/l and the fecal coliform level was 43,000/100 mi. Downstream from Wilson's dairy at SR1007 the D.O. was 3.2 mg/l and the fecal coliform level was 240/100 mi. In consideration of the determinations made during the August 11, 1986, and September 8, 1986, inspections, and in compliance with the requirements of Title.15, North Carolina Administrative Code 2H .0123, and 40 Code of Federal Regulations, Section 124.82, I am hereby designating the Sam Wilson Dairy Farm as a concentrated animal feeding operation. Notice should be given to Mr. Wilson to make application for an NPDES Discharge Permit in accordance with the requirements set forth in Title 15, North Carolina Administrative Code 2H .0123.. RPW/JMH/cm cc: WSRO Central Files MEMO. GATE: -7r TO: (/ - `J C SUBJECT: 7Toq6 h`�/� T�t�7 TEE F61f w,�.�D�o �~o yvv /- ow(r . w/ Tli (U��ES TD �/i9� T/l�f�TG /�i✓,d G� pir �� Eviir� TT i.,��f /Cff !�f'S W,4 toiel# G Ulf //YP(/T FD.r i5ref Gvjc �O 7; OT /�F5/6�✓•9iioN " North Carolina Department of Natural Resources &Community Development ASSIGNED TO _am 14 DUE DATE 86 �f�fG r, - Mllllcovak Route 6, Box 57-B Mebane, N.C. 27302 Phone 563-4891 July 18th. 1986 Ivlr, Paul Wilms State of N.C. Dep. of Nat.Res. and Com. Develp. 8025 North Point Boulevard. Suite 100 Winston Salem. NC. 2?106-2295______ -------------------------------------- Dear Mr. Wile Investigation Haw Creek Alamance County . blrs. Jessica Howels. July 18th. 1986 RECEIVED N.C. DCpI. W"'D JUL : . ._�J rrV I...n,.i Environmcn,alP:y;ip rim Winston-Salem Reg. ntfir_v This letter is about the latest violations in .the water -quality of our creek which runs in to the Haw River. We want for you to understand that this grossy violations of the enviroment dobe by Mr.Sam Wilson is not new. In your records is my first complaint, nine years ago, which your office investigated. Year after year because nobody is doing nothing to really stop the manure to be dumped -NOT ACCIDENTALLY - in the creek, he just will tell the next inspector or neighbord in line 11 I AM SORRY" This was and accident and I will he more carefull in the future. Because he is our neighbord, so many people in tgis area do not want to take actions against him. I talked twice with Mr. Wilson and he gave me the same empty words that we are hearing today. When my lawyer told him that he was ready to go to court to make him to,clean the creek, he came with some of the money to do the cleaning. At that time we took 150 truck loads of manure out of the cree. Some kind of accident ..I Our neigbords are angry. People can not do any fishing and we have to live with the decomposed odors from the manure. Why do we have to live, year after year, with this unpleasent situation.? Your Agency must fine this man and gave him the FINAL NOTICE. NO MORE MANURE IN THE CREEK. PERIOD . Mr. Wilms. Twelve years ago my wife and myself bought this peace of land. We develop our subdivision which is called Fork Creek.When we bought it was beatiful/ The creek water was qualified by the Alamance County Healt.dept. almost drinkable. We have done a lot of improvementf along the creek and clean the stream twice for trash and foreign mate- rials. We want our creek back as it was before.We hope that this time you have more than enough evidences to impose a stiff penalty on Mr. Wilson so he will learn that he can not play with people health and the enviroment.We expect,from your Agency,periodically checks on this matter because every year, in the summer when the water is low, we notice the MjnRE runing down the stream. Please let us #now about the outcome of this investigatbn. Sincerely yours., E //�� ela B. /f J es �1i1 coos f� AGRICULTURAL EXTENSION SERVICE Department of Biological and Agricultural Engineering Box 7625, Raleigh, NC 27695-7625 Telephone (919) 737-2675 Mr. Set* Wilson Wilson Dairy farm Route 6, Box 43 Mebane, bortn Carolina 27317 Clear Sam: North Carolina State University School of Agriculture and Life Sciences November 4, 19e5 RECtM N.Q, apt• NRW �'f1V l�69 Mision of Ernfrlonrrct�lal Nan�f°r*i�?fiP f am forwarding my comments and recommendations regarding wante var,agement et your dairy farm as a follow-up to our visit on Cctober 29, 19P.6. Regarding lagoon managemenr, 1 have two suggestions. I would try to put the manure solids separator back into operation to reduce the amount of manure solids entering the laguon. 'this would reduce the frequency of solids clean - out from the lagoon and reduce the amount of solids pumped through the irrigation system. Secondly, I would pump the lagoon and lower it as much as possible during the dryer periods when field conditions would allow a higher intiltration rate in order to provide more storage during the rainy periods. Otherwise, after evaluating the alternatives, I believe the ayatew that you have is as manageable at any, both from a cost still labor standpoint. The first thing I would do regarding. irrigation would be to add the auxiliary engine to the traveller eo it would propel itself throug.n till field. T'hii would allow a more uniform application rate reducing, the likelihood of runoff during irrigation. .41so the faster the traveller forward speed, the lower the application rate would be. Liihter applications would be necessary for wetter soil conditions. If a field application is an ahynlute must to preyed lal:onn overflow when soil moisture conditions are near saturation, (lien I U-ould probably only irrigate onto the upper half of the field at very 1ipl,t rates. As discussed during our visit, SCS advice should be sought on whethg,r or riot contoured terracing of the field being irrigated would be feaxible. he have found at other land application sites that contour terraces with nir,imal slope to a grassed waterway nutlet sirnificently reducFs the amount of rainfall runoff from the lower edge of the field. These terraces provide tomporary storage of a significant angoact of runoff tiger otherwise would leave the. :-field, They also provide filterinr, it: caniunctior, with the grassed outlet, of tro sediment and manure solids it: tfre u ruofi, Construction of these terrace; uot;ld be eliKible for cost —sharing under the I:urth Carolina .Ap.riculturel Cu>r -'•nAr ,Prorra.n. e Cooperative Extension Work in Agriculture and Home Economics AST and N.C. State Universities. ]oo Counties and U. S. nano,,..,., „fe,..;,..,t, ,... Mr. Sam Wilson Page 1 November 4, 1986 I believe that these refinement* along with diligent attention to the management of your existing system would go a long ways toward eliminating the potential for direct stream discharge of wastes from your dairy oneration. Should you have questions about these recommendations, or if I can be of further assistance, please contact me. JCB:bb cc: William E. Mainou• -farry Coble Jessica Nowells Sincerely, qjlauzes C. Barker. Extension Specialist Biological and Agricultural Engineering, t Jam' JM Orange Soil and Water Conservation District 110 East King Street - Hillsborough, North Carolina 27278 -Phone 732-9361, Ext. 451 December 1, 1986J N CRCO nl lslon of ••,,yernont Mr. Larry Coble Envlmnr: �V N.C. Department Natural Resources and Weston Community Development 8025 North Point Blvd. Winston-Salem, N. C. 27106 Dear Mr. Coble: I am forwarding my comments and recommendations regarding Sam Wilson's dairy farm in Mebane, N. C. Mr. Wilson and I visited on November 24, 1986 on the farm and agree to several possible solutions that should help eliminate his problems with the handling of waste from his livestock. Mr. Wilson has purchased the auxiliary engine that Dr. James Barker recommended in his November 4 letter to Mr. Wilson. This engine would be added to the irrigation traveller so it can propel itself through the field. Mr. Wilson also plans to use the manure solids separator as recommended. The existing diversions around the lagoon will be cleaned out to allow proper drainage, therefore, diverting some of the excess rainfall run-off from entering the lagoon. The use of the separator and the de- crease in excess rainfall into the lagoon will lessen the total liquid that must be irrigated. During my visit with Mr. Wilson, we discussed the possibility of terracing the field that is being irrigated. I feel as large as the field is and with its rolling landscape, it would not be feasible to terrace on the contour and still be farmable. Nay recommendations, and Mr. Wilson agrees, is to use field striperopping with two or three natural draws being seeded as grassed waterways. The striperopping pattern would lay across the general contour of the field with 108 feet wide strips. These strips will have an alternating pattern of grass and cultivated crop throughout the field. The grass strips will be maintained for hayland, therefore, these strips could be irrigated more frequently than the crop strip, plus the grass will act as a filter should run-off begin in a crop strip. Mr. Wilson has excavated three "catch basins" at the toe of each pre- dominate natural drain. I feel these basins are an excellent way to collect any accidental run-off of waste before it reaches the stream. Mr. Wilson and I also discussed the need for some "fine tuning" of these basins such as sizing, seeding vegetation around the edges, fencing cows out, etc. The pasture that these basins are in will be reseeded and the number of cattle on the pasture will be decreased so a good stand of grass can be maintained. CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Vol � Mr. Larry Coble -2- December 1, 1986 I feel this combination of striperopping, grassed waterways in the natural depressions, and the catch basins will be the most effective ways to prevent any future problems. Mr. Wilson, having installed the basins on his own, is eager to cooperate and willing to do all of the recommended plans on the field. Due to the time of year, we are limited in how much progress can be made. We must wait until spring for suitable weather conditions and seeding time for the striperopping system but I feel the catch basins will be suitable during this short period of time. If you have any questions concerning may recommendations, please feel free to call. Sincerely, �t VV41-� Gail M. Hughes Orange Conservation District Technician GMH:jw cc: Sam Wilson Jessica M. Howells William Mainous Dr. James Barker k *y m IPI e yzl t Photo 3: Area where manure was disked in. Stream is near trees on top left corner. Photo 4: Different angle of Area disked. Photo 5: Looking up to disked area. This shows path of manure entering stream. Photo 6: Area where manure entered stream. x+ ' J ^� .tr�.. Y r .... � tf.� � ^.v "P➢M t � e�'"'`.. � •tip• � t 1 1 State of North Carolina LACY H. THORNBURG Department of Justice AT ORNF:YCFNERAJ' P.O. BOX 629 RALEIGH 27602-0629 February 18, 1992 Mr. Sam Wilson Route 6, Box 43 Mebane, North Carolina 27302 RE: Payment of Fish Kill Costs Sam Wilson Alamance County, WQ 91-30 Dear Mr. Wilson: RECEIVED N.C. Dept. qi EHNR FEB 2 0 M2 Winston-Salem Regional Office This letter will acknowledge receipt of the North Carolina Farm Bureau Mutual Insurance Company's check number 850184, in the amount of $408.25, and dated February 14, 1992. If you have any further questions concerning this case, please contact me. Sincerely, LACY H. THORNBURG Attorney General . rL�_ Eliza eth E. Rouse Associate Attorney General EER/na cc: George Everett Steve Tedder Kent Wiggins Larry Coble E?L n�� s State of North Carolina LACY H. THORNBURG Department of Justice ATTORNEYGENERAL P.O. BOX 629 RALEIGH 27602-0629 January 30, 1992 Mr. Sam Wilson Route 6, Box 43 Mebane, North Carolina 27302 RE: Payment of Fish Kill Costs Sam Wilson Alamance County, WQ 91-30 Dear Mr. Wilson: RECEIVED IM Dept. KO FEB - 3 1992 Winston-Salem Regional Office This letter will acknowledge receipt of the North Carolina Farm Bureau Mutual Insurance Company's check number 852781, in the amount of $860.32, and dated January 23, 1992. If you have any further questions concerning this case, please contact me. EER/na cc: George Everett Steve Tedder Kent Wiggins Larry Coble Sincerely, LACY H. THORNBURG Attorney General Elizabeth E. Rouse Associate Attorney.General C/1-Ck waS Iccced O yt- • a"'AAR,� �1 State of North Carolina LACY11. 11 iORNBURG Department Of JUStICC A' i'I'()11N1iY(:IiNVIi t. P.O. BOX 629 RALEIGH 276020629 --MEMORANDUM-- TO: George Everett Steve Tedder: Larry Coble ✓^ FROM: Rob Gelblum 0 DATE: January 16, 1992 RE: Sam Wilson (WQ 91-30) RECEIVED N.C. Dept. NRCD JAN 31 1992 Winston-Salem Regional Office This is to note the transfer of responsibility for both the fish kill and civil penalty aspects of this matter within our office to Betsy Rouse because of my switch to the Superfund Section attorney slot. cc: Betsy Rouse, :shell-2 • • L •fib k:—, r RELIVED N.C. Dept. NRCD State of North Carolina DEC 10 W Department of Environment, Health, and Natural Resources Winston-Salem Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611" James G. Martin, Governor George T. Everett. PhD. William W. Cobey, Jr., Secretary Director December 4, 1991 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sam Wilson Route 6, Box 43 Mebane, NC 27302 RE: Civil Penalty Assessment for Failing to Apply for or to Secure a Permit Required by G.S. 143-215.1 and Violating a Water Quality Standard for Dissolved Oxygen, Sam Wilson, WQ 91-30, Alamance County Dear Mr. Wilson: Pursuant to G.S. 143-215.6A(d), this letter is notice of a civil penalty assessed by the Department of Environment, Health, and Natural Resources (DEHNR). The civil penalty assessment document is attached. Within 30 days from the date of receipt of this letter, you must do one of the following: (1) Pay the civil penalty assessment; or (2) Submit a written request for remission or mitigation, which includes a detailed justification for the request; or (3) File a written petition for a contested case hearing in the Office of Administrative Hearings (OAH) appealing the penalty assessment. Additional information about your options is provided below. PAYMENT To pay the penalty, send your payment by check or money order made payable to the North Carolina Department of Environment, Health, and Natural Resources (or to DEHNR) to Robert R. Gelblum, Associate Attorney General, North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602-0629. Mr. Gelblum represents DEHNR in the resolution of this civil penalty assessment. PoWtlon Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 4) Page 2 REMISSION A request for remission or mitigation is not the proper method for contesting the attached civil penalty assessment. Because a remission request forecloses the opV.pn of an administrative hearing, the request must be accompanied by a waiver of your right to an administrntive hearing and a stipulation that there are no factual or legal issues in dispute. You must sign and return the attached waiver and stipulation form to this office. Finally, your detailed justification should include any relevant documentation, and state a case that: -one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; -continuing environmental damage resulting damage resulting from the violation was promptly abated; -the violation was inadvertent or a result of an accident; -the violator has not been assessed civil penalties for any previous violations; -payment of the civil penalty will prevent payment for the remaining necessary remedial actions. APPEAL If you file a contested case petition, it must be in writing and in the form prescribed by N.C. Gen. Stat. § 15013-23. File the original petition and one copy with OAH, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Any questions about filing a petition may be directed to the Clerk of OAH by telephoning (919) 733-0926. You must serve DEHNR by mailing a copy of the petition to: Mr. John C. hunter Registered Agent and General Counsel Post Office Box 27687 Raleigh, North Carolina 27611 To negotiate a settlement of this assessment, present your offer to Associate Attorney General Gelblum who may be contacted by telephone at (919) 733-7247. Settlement offers do not extend the 30-day deadline for responding to this assessment. Payment of the penalty will not foreclose further enforcement action against you for any continuing or new violation. E t, Page 3 Your attention to this matter is `+ Harlan K. r tt Deputy Director Division of�nvironmental Management HKB/RG/sd Attachments: Assessment Document cc: Robert R. Gelblum Kent Wiggins Lerry Coble 1 Steve Tedder wg9130. rg r� STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ALAMANCE FILE NO. WQ 91-30 IN THE MATTER OF ASSESSMENT ) REQUEST FOR REMISSION OF CIVIL OF CIVIL PENALTIES AGAINST ) PENALTIES; WAIVER OF RIGHT TO SAM WILSON ,i ) AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Having been assessed civil penalties for Failing to Apply for or to Secure a Permit Required by G.S. 143-215.1 and Violating a Water Quality Standard for Dissolved Oxygen as set forth in the assessment document of the Director, Division of Environmental Management dated December 4, 1991, the undersigned, desiring to seek remission of the civil penalties, does hereby waive right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the _ day of 19_ ADDRESS TELEPHONE dempentran 0 r] t, STATE OF NORTH CAROLINA COUNTY OF ALAMANCE IN THE MATTER OF: SAM WILSON FOR FAILING TO APPLY FOR OR TO SECURE A PERMIT" REQUIRED BY G.S. 143-215.1 AND VIOLATING A WATER QUALITY STANDARD FOR DISSOLVED OXYGEN NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FILE NO. WQ 91-30 CIVIL PENALTY ASSESSMENT Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I George T. Everett, Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. On August 22, 1991, DEM was notified that the stream at Sam Wilson's Dairy Farm (on SR 2126 in Alamance County) was black with manure. The subject stream is an unnamed tributary to Haw Creek and is classified "WS III -Nutrient Sensitive Waters.$ Inspectors left immediately for the site. B. The inspectors met with Danny Wilson, son of Sam Wilson. Danny Wilson indicated that liquid manure had been sprayed on the fields all day on August 20, 1991. The Wilsons' nozzle can spray 600 gallons per minute on the fields. 'The spray head is moved every hour with a tractor. According to Danny Wilson, the Wilsons observed that there was runoff on August 20th, at which point a disc was taken to the soil/manure in an attempt to prevent the manure from reaching the stream. C. The discharge of manure to the subject stream killed 574 fish by Wildlife Resources Commission estimate; recovery of the costs involved is being sought separately. D. Pursuant to prior fish kills and numerous reports of manure discharges to the stream (four of which were documented since 1977), the Wilson Dairy Farm was designated as a Concentrated Animal Feeding Operation on October 7, 1986. E. In the interim, Mr. Sam Wilson had constructed a "catch basin" at the toe of the drainage area per guidance of the -2- Orange Soil Water Conservation District. At the time of this incident said "catch basin" was primarily full of solids and Mr. Sam Wilson indicated that it needed excavation. Also, by letter dated November 4, 1986, Dr. James Barker of the Agricultural Extension Service suggested that Mr. Wilson add an auxiliary engine to the traveller so it would propel itself through the field. As noted above, Mr. Wilson is using a tractor to move the spray head. F. DEM sampling of the subject stream on August 22, 1991 reflected the following results: Upstream Site Downstream D.O. (mg/1) 7.9 4.8 3.8 Temp. ('C) 21 27 27 BOD (mg/1) 1.1 2.2 8.0 NH3 (mg/1) 0.09 9.7 4.3 G. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter totalled $ 860.32. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: - A. Sam Wilson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Sam Wilson operated a disposal system within the State for purposes of G.S. 143-213(10), for which a permit is required by G.S. 143-215.1. C. The 3.8 mg/l downstream dissolved oxygen value reflected in Finding of Fact F. above constituted a violation of the 4.0 mg/l minimum instantaneous value standard for dissolved oxygen found at 15A NCAC 2B .0211(b)(3)(B), and established and adopted by the Environmental Management Commission pursuant to G.S. 143-214.1. D. Sam Wilson may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(1) & (2), which provide that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who, respectively, is required but fails to apply for or to secure a permit required by G.S. 143-215.1 or violates any standard established pursuant to G.S. 143-214.1. E. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter may be assessed against Sam Wilson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). 0 -3- 0 F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION• Sam Wilson is hereby assessed a civil penalty of: $ 6200 for operating a disposal system within the State without a permit. $ (0 00 for violating the minimum instantaneous value water quality standard for dissolved oxygen found at 15A NCAC 2B .0211(b)(3)(B). $ 5Doo TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A $ 860.32 Cost to the State of investigation, inspections, monitoring surveys and enforcement procedures $ 0 3 a TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b). (Dat ) 5-251 io t� F. C Geor a T. verett, Director Division of Environmental Management State of North Carolina LACY H. THORNBURG Department of Justice ATrORNEY GENERAL P.O. BOX 629 RALEIGH 27602-0629 ., December 6, 1991 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard L. Frye 115 S. Maple St. Graham, NC 27253 RE: Notice of Service Dear Sheriff Frye: Enclosed is a Request for Service and attached papers along with a check for $5.00 to cover the service fees. Please serve the papers on Mr. Sam Wilson at the address listed on the Notice.' If you have any problems or need further information, do not hesitate to contact me. Sincerely, LACY H. THORNBURG Attttoor^ney General V' Rob Gelblum Associate Attorney General RG / sd cc: George T. Everett Steve Tedder Larry Coble An Equal Opportunity/Affirmative Action Employer rJ STATE OF NORTH CAROLINA COUNTY OF ALAMANCE IN THE MATTER OF ) THE ASSESSMENT OF CIVIL ) REQUEST FOR SERVICE PENALTIES AND FISH KILL ) D[ MAGES AGAINST SAM WILSON ) TO: SHERIFF, Alamance County You are hereby requested to serve the attached document(s) in the above entitled action on the individual listed below: Sam Wilson Route 6, Box 43 Mebane, NC 27302 This the ()-7fX1 day of &s,J,0-1- 19�. LACY H. THORNBURG Attorney General &� -'Yt a Rob Gelblum Associate Attorney General N.C. Department of Justice Post Office Box 629 Raleigh, NC 27602-0629 (919) 733-7247 4r�) RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the _ day of 1991 and together with the document(s) was served as follows: On on the day of 19_ at the following place: (Fill in address where copy delivered) By: delivering copies to him personally; leaving copies with , who is a person of suitable age discretion and who resides in the named individual's dwelling house or place of business. If not served on the named individual, state reason: Fee $ Sheriff Alamance County Paid Deputy By: (Date) RECEIVED N.C. Dept. NRCD NOV 5 1991 W;nstcn-Salem State of North Carolina Regional Office LACY H. THORNBURG Department of Justice ATTORNEYGENERAL P.O. BOX 629 RALEIGH 27602-0629 MEMORANDUMTO TO: �I3a't=rY2 aoe Regional Supervisor Steve Tedder Section Chief FROM: Rob Gelblum 4 DATE: November 1, 1991 RE: Draft Assessment Document Sam Wilson File No. WQ 91-30 Alamance County Please coordinate review of the attached draft assessment document in the above -referenced matter. Careful review of the document is requested. In addition, it would be advisable to review the enforcement report again. Testimony as to the accuracy of the facts contained in the assessment document and enforcement report may be necessary at an administrative hearing. Please submit any comments within two weeks of your receipt of this memo. Should you have any questions, please contact this office. RG/sd attachment cc: George Everett (w/out attachment) An Equal Opportunity/Affirmative Action Employer Ll STATE OF NORTH CAROLINA COUNTY OF ALAMANCE IN THE MATTER OF: ) SAM WILSON ) FOR FAILING TO APPLY FOR ) OR TO SECURE A PERMIT ) REQUIRED BY ) G.S. 143-215.1 AND ) VIOLATING WATER QUALITY ) STANDARD ) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FILE NO. WQ 91-30 CIVIL PENALTY ASSESSMENT Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I George T. Everett, Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. On August 22, 1991, DEM was notified that the stream at Sam Wilson's Dairy Farm (on SR 2126 in Alamance County) was black with manure. The subject stream is an unnamed tributary to Haw Creek and is classified "WS III -Nutrient Sensitive Waters." Inspectors left immediately for the site. B. The inspectors met with Danny Wilson, son of Sam Wilson. Danny Wilson indicated that liquid manure had been sprayed on the fields all day on August 20, 1991. The Wilsons' nozzle can spray 600 gallons per minute on the fields. The spray head is moved every hour with a tractor. According to Danny Wilson, the Wilsons observed that there was runoff on August 20th, at which point a disc was taken to the soil/manure in an attempt to prevent the manure from reaching the stream. C. The discharge of manure 574 fish by Wildlife Resources of the costs involved is being to the subject stream killed Commission estimate; recovery sought separately. D. Pursuant to prior fish kills and numerous reports of manure discharges to the stream (four of which were documented since 1977), the Wilson Dairy Farm was designated as a Concentrated Animal Feeding Operation on October 7, 1986. E. In the interim, Mr. Sam Wilson had constructed a "catch basin" at the toe of the drainage area per guidance of the -2- II. Orange Soil Water Conservation District. At the time of this incident said "catch basin" was primarily full of solids and Mr. Sam Wilson indicated that it needed excavation. Also, by letter dated November 4, 1986, Dr. James Barker of the Agricultural Extension Service suggested that Mr. Wilson add an auxiliary engine to the traveller so it would propel itself through the field. As noted above, Mr. Wilson is using a tractor to move the spray head. F. DEM sampling of the subject stream on August 22, 1991 reflected the following results: Upstream Site Downstream D.O. (mg/1) 7.9 4.8 3.8 Temp. (°C) 21 27 27 BOD (mg/1) 1.1 2.2 8.0 NH3 (mg/1) 0.09 9.7 4.3 G. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter totalled $ 860.32. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Sam Wilson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Sam Wilson operated a disposal system within the State for purposes of G.S. 143-213(10), for which a permit is required by G.S. 143-215.1. C. The 3.8 mg/1 downstream dissolved oxygen value reflected in Finding of Fact F. above, constituted a violation of the 4.0 mg/l minimum instantaneous value standard for dissolved oxygen found at 15A NCAC 2B .0211(b) (3) (B) , and established and adopted by the Environmental Management Commission pursuant to G.S. 143-214.1. D. Sam Wilson may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(1) & (2), which provide that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who, respectively, is required but fails to apply for or to secure a permit required by G.S. 143-215.1 or violates any standard established pursuant to G.S. 143-214.1. E. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter may be assessed against Sam Wilson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). -3- F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION• Sam Wilson is hereby assessed a civil penalty of: $ for operating a disposal system within the State without a permit. $ for violating the minimum instantaneous value water quality standard for dissolved oxygen found at 15A NCAC 2B .0211(b)(3)(B). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A $ Cost to the State of investigation, inspections, monitoring surveys and enforcement procedures $ TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b). Date) George T. Everett, Director Division of Environmental Management 5-251 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION November 8, 1991 M E M O R A N D U M To: Rob Gelblum Through: Larry Coble y"� Steve Mauney �%— From: Eric Galamb SUBJECT: Draft Assessme t Document Sam Wilson `..File ;No. WQ 91-30 Alamince County The draft assessment document was carefully reviewed and found to be accurate. 0 LACY H. THORN13URG AM)HNLY GISNRMI. • UNA State of North Carolina Department of Justice P.O. BOX 629 RALEIGH 27602-0629 --MEMORANDUM-- I o/<. 3-� TO: George Everett FROM: Rob Gelblum cC� Associate Attorney General DATE: November 15, 1991 SUBJECT: Final Assessment Document Sam Wilson File No. WQ 91-30 Alamance County RECEIVED M.C. Dept. NRCD wov'I9 in Winstorrsaw R"w" (Office Attached is the final assessment document for the above -referenced matter. This document incorporates comments received from the Regional Office and Section. This case should be put on the agenda for the next enforcement conference. Attachment cc: Steve Tedder -ar y Coble Kent Wiggins wilson.rg An Equal Opportunity/Affirmative Action Employer STATE OF NORTH CAROLINA COUNTY OF ALAMANCE IN THE MATTER OF: SAM WILSON FOR FAILING TO APPLY FOR OR TO SECURE A PERMIT REQUIRED BY G.S. 143-215.1 AND VIOLATING A WATER QUALITY STANDARD FOR DISSOLVED OXYGEN NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FILE NO. WQ 91-30 CIVIL PENALTY ASSESSMENT Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I George T. Everett, Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. On August 22, 1991, DEM was notified that the stream at Sam Wilson's Dairy Farm (on SR 2126 in Alamance County) was black with manure. The subject stream is an unnamed tributary to Haw Creek and is classified "WS III -Nutrient Sensitive Waters." Inspectors left immediately for the site. B. The inspectors met with Danny Wilson, son of Sam Wilson. Danny Wilson indicated that liquid manure had been sprayed on the fields all day on August 20, 1991. The Wilsons' nozzle can spray 600 gallons per minute on the fields. The spray head is moved every hour with a tractor. According to Danny Wilson, the Wilsons observed that there was runoff on August loth, at which point a disc was taken to the soil/manure in an attempt to prevent the manure from reaching the stream. C. The discharge of manure to the subject stream killed 574 fish by Wildlife Resources Commission estimate; recovery of the costs involved is being sought separately. D. Pursuant to prior fish kills and numerous reports of manure discharges to the stream (four of which were documented since 1977), the Wilson Dairy Farm was designated as a Concentrated Animal Feeding Operation on October 7, 1986. E. In the interim, Mr. Sam Wilson had constructed a "catch basin" at the toe of the drainage area per guidance of the =2- • II Orange Soil Water Conservation District. At the time of this .incident said "catch basin" was primarily full of solids and Mr. Sam Wilson indicated that it needed excavation. Also, by letter dated November 4, 1986, Dr. James Barker of the Agricultural Extension Service suggested that Mr. Wilson add an auxiliary engine to the traveller so it would propel itself through the field. As noted above, Mr. Wilson is using a tractor to move the spray head. F. DEM sampling of the subject stream on August 22, 1991 reflected the following results:.,, Upstream Site Downstream D.O. (mg/1) 7.9 4.8 3.8 Temp. ('C) 21 27 27 BOD (mg/1) 1.1 2.2 8.0 NH3 (mg/1) 0.09 9.7 4.3 G. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter totalled $ 860.32. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Sam Wilson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Sam Wilson operated a disposal system within the State for purposes of G.S. 143-213(10), for which a permit is required by G.S. 143-215.1. C. The 3.8 mg/l downstream dissolved oxygen value reflected in Finding of Fact F. above constituted a violation of the 4.0 mg/l minimum instantaneous value standard for dissolved oxygen found at 15A NCAC 2B .0211(b)(3)(B), and established and adopted by the Environmental Management Commission pursuant to G.S. 143-214.1. D. Sam Wilson may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(1) & (2), which provide that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who, respectively, is required but fails to apply for or to secure a permit required by G.S. 143-215.1 or violates any standard established pursuant to G.S. 143-214.1. E. The cost to the State of investigation, inspections monitoring surveys and enforcement procedures in this matter may be assessed against Sam Wilson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION• Sam Wilson is hereby assessed a civil penalty of: for operating -a disposal system within the State without a permit. $ 'do0. o U for violating the minimum instantaneous value water quality standard for dissolved oxygen found at 15A NCAC 2B .0211(b)(3)_(B). $ 860.32 TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A Cost to the State of investigation, inspections, monitoring surveys and enforcement procedures TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b). Date) George T. Everett, Director Division of Environmental Management S-251 RECEIVED N.C. Dept, NRCD NOV 12 10 Winston-Salem Regional Office State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor WIWam W. Cobey. Jr.. Seuetazy November 5, 1991 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Sam Wilson Route 6, Sox 43 Mebane, NC 27302 RE: Request for Payment of Fish G.S. 143-215.3(a)(7) Alamance County, Enforcement Dear Mr. Wilson: Kill George I Everett. PhD. Director Damages Pursuant to Case No. WQ 91-30 You are hereby requested to pay, on or before December 6, 1991, the sum of $408.25 to the North Carolina Department of Environment, Health and Natural Resources for fish kill damages resulting from a discharge of liquid manure starting on or about August 20, 1991 to an unnamed tributary to Haw Creek which is classified as rrWS III Nutrient Sensitive Waters" of North Carolina. The Department has determined that the subject discharge constituted pollution of State waters, as defined in North Carolina General Statute (G.S.) 143, Article 21, in violation of G.S. 143-215.3(a)(7). Staff of the Winston-Salem Regional Office of the Division of Environmental Management and the North Carolina Wildlife Resources Commission (WRC) investigated the fish kill. Attached is a copy of the WRC's documentation of the number of fish killed (574), the replacement costs ($175.90) and the WRC's investigation expenses ($232.35). Pdutlmr Prevmdon Pays P.O. Box 27687, Raklgh, North Caroftm 27611-7687 Tekphone 919.733-7015 Failure to pay by the deadline will result in a collection action being filed in Superior Court. Thank you for your cooperation in this matter. Since ely,C Dr. Geo g T. Everett GTE: RG:sd Attachments cc: Dan McLawhorn Steve Tedder Rob Gelblum !Larry - Coble-? B. EVALUATION OF OEAO FISH: REPLACEMENT COSTS: GAME F130 SPECIES: _ e6^ rAAAclaIAAe-CA¢6d,.,,rw 6p3.3 - LENGTH NUMBER WE IGMT VALUE/F 13H or VALUE/Le. TOTAL VALUE 2• — O.SY /.-7Y r D. Yio r.72 S" .. 6• 10• 12• 13• _ 1r• 16• ___ 16• _ SUB- -OTAL SPECIES: :EMGTM NUMBER WEIGHT VALUE/F13H or VALUE/LB. TOTAL VALUE 3 _ 6• 9• 10• 33• __ _ 12• 13• 1r• . 13• �_- 16^ sue - TOTAL TOTAL ( _ '7:24 3PEC IE3: C rAAAtOff) Su 14 AF• G�.rleI NUMBER WEIGHT VALUE/F13M or VALUE/LB. TOTAL VALUI sq D,y7 3 15 J•69 eo.3f (° 1 • UO G. po _ 1.00 7. i 0 z .00 4-00 143 S6.Oz SPECIES: NUMBER WEIGHT VALUE/FISH or VALUE/Le. TOTAL VALUE 1`i3 'dG.oz C. FISH TRANSPORTATION COSTS: CAME FISHES: From To _ Mlles onsyay R $O.3O/MI16 . a 0 8. EVALUATION OF DEAD FISH: REPLACEMENT COSTS: AUAME FISH !SPECIES: �4T4Sr6^,aoe- S0 c ic4A.3 LENGTH NUMBER WE I GMT VALUE/FISH or VALUE/I.B. TOTAL VALUE 2 7� .10 Soo 6 7-� 1.10 10" 12* 13' 15, 16* 7%RAL 147 2G4(o .EhGTN 2 6 10, 12, 16* sull- y. - TOTAL SPECIES` eYPI'140Ae. 64L41d .54(&.1A1 ' NUMBER WE I GMT VALUE/F13N or VALUE/LB. TOTAL'VALUE 3PECIE3; ICTALUA-0.c- Mon 7-�ms NUMBER WE I CRT VALUE/FISH orVALUE/LB. TOTAL VALUE 0.11 0.33 17 0.11 0.91 c>.)Y .2 y ------ 0= -- . -Z 1 0.39 '40 SPECIES: NUMBER WEIGHT VALUE/FISH or VALUE/LB C. F13H TRANSPORTATION COSTS: GAME FISHES: From To MI log one-Iway 4 $0.301MI I* . 3 TOTAL VALUE 7.-7q_ FIELD INVESTIGATORS: PROTON PERSONNEL • NAME MILEAGOAT RENTAL HOURS SALARIES fARM IIE SUBSISTENCE Bf3.00/MR. IMISCELLAN f f f I SUBTOTAL. PROTECTION S f f f f FIELD INVESTIGATORS: INLAND FISHERIES PERSONNEL 3rod Fianlmeis lv�{5) 'r --6�3 ��5� 33•�� SUBTOTAL. /"F' ' f / INLAND FISHERIES f /S7 /� f �}�i.// _f f f 6•� REPORT AND EVALUATION PREPARATION: NAME HOURS SALARIES t /cZ 64 Imo_ SUBTOTAL. _ f GRAND TOTAL f a?32,35 '—••�— 1-4 E. COST SUPWRY: PROTECTION INLAND FISHERIES TOTAL /21r,30 S /?S,,90 6 ?-5, lo 2. FISH REPLACEMENT C. FISH TRANSPORTATION 30-TOTAL: S S 0. FISH INVESTIGATION SALARIES MILEAGE SUSSISTENCE $OAT RENTAL MISCELLANEOUS 01D TOTALS 5 .,2.35 S 17:5.90 GRAND TOTAL fs*-bi,-jht4 by 4muteA-ri r,6htots v6t lqff2- f RECEIVED N.C. Dept. NRCt SEP 10 1991 Winstoly-Salem Regional Office ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director August 30, 1991 Mr. Larry Coble, Regional Supervisor DEHNR Division of Environmental Management Water Quality Section Winston-Salem Regional Office Winston-Salem, North Carolina 27106 Subject: Fish Kill on Small Tributary to Haw Creek, Alamance County, August 23, 1991. Dear Mr. Coble: The subject fish kill resulted in fish replacement costs of $175.90 and investigative costs by Wildlife Resources Commission personnel of $232.35. The total costs allocatable to this agency are $408.25. Please advise if we can be of further assistance. Sincerely, Franklin T. McBride, Program Manager Division of Boating and Inland Fisheries FTM/lp cc: Mr. Kent Wiggins, Division of Environmental Management Ms. Shari Bryant, District 5 Fisheries Biologist 0 Index No. HAW-1-19-? BIOLOGICAL INVESTIGATION OF FISH -KILL WATERS INVOLVED: Small tributary to Haw Creek COUNTY: Alamance DATE(S): 22 August to 23 August 1991 A. OBSERVATIONS REPORTED: Eric Galamb from DEH contacted me at 1500 h. on 22 August 1991 and informed me there had been a fish kill on a small tributary to Haw Creek near Mebane. He requested a fish pick up at that time. Brad Hammers and myself proceeded to the site at about 1600 h. We observed approximately 20 fish in a small pool below SR-2128, we did not observe any fish above this road crossing. We proceeded along the creek about 300 yards and observed another 10-15 fish. We then went downstream to a bridge crossing on SR-1007. We did not observe any dead fish below or above this bridge crossing. We concluded that the kill took place somewhere between these two bridges. On a map, it appeared that the distance was approximately 1/3 of a mile. We decided a total pick up would be feasible. At 0900h. on 23 August 1991 Brad and myself proceeded to the site. We picked up all fish located between SR-2128 and SR-1007 (see map). All fish were classified to species and measured. Fish collection concluded about 1230 h. A summation of the data is attached. tted Su i' y Shari L. BryaWt Fishery Biologist August 23, 1991 2L '.. 4 • � •s °" - a -� .�� ���� -� � � � F ¢ 3 ��� �O '� t1 �— E. COST SUMMARY: PROTECTION INLAND FISHERIES TOTAL 8. FISH REPLACEMENT /26'.30 X 3�•l �" a l �.5. 90 a / �S•° RO C. FISH TRANSPORTATION _ SUB -TOTAL: a l ?S 90 a 90 D. FISH INVESTIGATION SALARIES MILEAGE SUBSISTENCE BOAT RENTAL MISCELLANEOUS TOTALS GRAND TOTAL $ $ .232• 3S s / '75. 9 0 $ . . / % lrn•rla.f,rryl —Actor f6&bl,She4 by I�lmvrtan rJ6h0r'ts '50c(t%, •10 odiv5f 092- Vat wis 2cor ish rep let urrMtni• DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY 41 AtIANN(cPRIORITY RIVER BASIN f A, ki' Tt't ❑AMBIENT ❑ Qp REPORT TO: ARO FRO MRO RRO WaRO WiRO WSRp TS AT BM `i! Other s ❑COMPLIANCE .CHAIN OF CUSTODY Shipped by; Bu Cs Staff, Other _ ❑EMERGENCY COLLECTOR(.S): :AA/!l.%)(.,�y_� ' • e Estimated ROD Range: 0.5/5-25/25-65/40.130 or 100 plus Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ Low c MF Fecal 31616 /100ml MF Total 31504 /100m1 Tube Fecal 31615 /100.1 Fecal Strep 31673 /100mi Total Soo mg/1 Uesidue: Suspended 530 mg/I Volatile 535 mg/I ' Fixed 540 mg/1 pH 403 units Acidity to pH 4.5 436 mg/I Acidity to PH 8.3 435 mg/1 Alkalinity to pH 8.3 415 mgA Alkalinity to pH 4.5 410 mg/1 TOC 680 mgA Turbidity 76 NTU SAMPLE TYPE MTREAM ❑ LAKE ❑ ESTUARY Chloride 940 i mg/I Chi a: TO 32217 ug/1 Chi a: Corr 32209 ugA Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color.(pH ) 83 ADM] Color. pH 7.6 82 ADMI Cylaide 720 mg/1 Fluoride 951 mg/I Formaldehyde 71880 m9/1 Gieace and Oils 556 mgA Hardness Total 900 mg/1 Specific Cond. 95 UMhos/em2 MBAS 38260 mg/] Phenols 32730 UgA Sulfate 945 mgA Sulfide 745 m2A Zz ❑ EFFLUENT ❑ INFLUENT DM D8 DBM Fnv I Ilea AN, V Lab Number: Date ReceWed:r� %� I 1 Timer' � L Rec'd by I FFrrom: Bus— ourier-Hand-Del DATA ENTRY BY: j )rj� C/r-) DATE REPORTED: A H I. NH3 as N 610 1 f I MIA TKN as N 625 - MSA NO2 plus NOS as N 630 mg/1 P: Total as P 665 mg/I PO4 es P 70507 - mg/1 P. Dissolved as P 666 nmA rUqA Cd-Cadmium 1027 CrChromiuueToW 1034 tol CuCopper 1042 UgA -. NFNickel 1067 USA Pb-Lend 1051 UgA Zn-Zirre 1092 us/1 A Ilver 1077 -. ugA At -Aluminum 1105 USA Be -Beryllium 1012 ugA CA -Calcium 916 CUBA C.-Cobalt 1037 - ugA Fe -Iron 1045 ugA T S B I C %.rj GNXX LI-Lithium 1132 Usti Mg-Magcesium 927 mgtl Mn-Manganese 1055 ug/1 Na-Sodium 929 mgA Arsenir.Total 1002 u8/1 Se -Selenium 1147 ugA Hg-Mercury 71900 USA Organochlorine Pesticides Oma.whom eras Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankmn Sampling Point If Conductance at 25 C Waft, Temperature C 2,r —rf D.O. m9A 2) (LXJJ PH Alkalinity pH 8.3PH 4S Acidity pH 4.5 pH 8.3 Ahr Tempe store 40 2 94 10 400 1 827A4 1431 82243 182242 20 Salinity E Precipition (Wday) Cloud Cow % Wind Direction (Deg) Strums Flow Severity Turbidity Severity 11350 Wind Velocity M/H can Stream Depth R.Stream Width it 490 45 32 36 1351 35 64 4 DIVISIONOFENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY / 1!11AI 1(C # O7 .y/ PRIORITY SAMPLE TYPE RIAM BASIN []AMBIENT ❑ ❑ ❑ REPORT TO: ARO FRO MRO RRO WaRO WiRO :WSRO TS QA STREAM EFFLUENT AT ❑COMPLIANCE ElCHAIN ❑ LAKE ❑ Other - OF CUSTODY INFLUENT Fnr lab if.. (1NI V Lab Number: ! 1� Date Re.elvv-e�dC�l-. 1:2.CT Time:Q . 1 a Rec'd by. From: Bus-C�i and Oct DATA ENTRY BY: CK, i Shipped by: Bus Courier. Staff, Other ❑EMERGENCY ❑ESTUARY DATE]I 1l //j�)j ,, l COLLECTOR(.S): ( ' tr /1 ' 7 A4'Af � �(Iw� (/ " S ! "' Estimated ROD Range: 0-5/5-25/25-65/40.130 or 100 plus STATION LOC-A7TIION: �7, % O(y { t�L Seed: Yes El No Chlorinated: Yea El No El REMARKS: 1/)Si j7�(-py LOcA rotJ Begin mg/1 c Mr I otai 315M /100m1 Tube Fecal 31615 /100m1 Fecal Strap 31673 /1O0m1 Total 500 mt✓1 11 neeldue: Suspended 530 mg/1 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 PH 403 units 15 Acidity to PH 4.5 436 MS/1 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mgA 181 Alkalinity to pH 4.5 410 mg/I 191 1 TOC 690 mgA Turbidity 76 NTU Chloride 940 ' mg/I Chi a:.Tri 32217 ug/1 Chi a: Corr 32209 no/1 Pheophytin a 32213 og/1 Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color: PH 7.6 82 ADMI Cyanide 720 mg/1 F'%mMe 951 mg/f Formaldehyde 71880 m9/1 Grease and Oils 556 mgA Hardness Toted 900 mg/1 Specific Cond. 95 Umbouc 2 MBAS 38260 mg/1 Phenols 32730 ujA Sulfate 945 m,9/l Sulfide 745 mg/1 A H L �! /\ NH3 as N 610 m9/1 t TKN as N 625 mg/1 NO2 plus NO3 as N 630 109/1 P. Total as P 665 mg/1 PO4 as P 70507 m2A P. Dissolved as P 666 mg/1 CdCadmium 1027 [. USA CrOnomimmTotal 1034 USA Cu-Capper 1042 ugA NI -Nickel 1067 ug/1 Pb-Lead 1051 USA Zn-Zinc 1092 USA Ag$Ilver 1077 ugA AI -Aluminum 1105 USA Be -Beryllium 1012 ug/I Ca -Calcium 916 m2A Co -Cobalt 1037 ugA Feiron 1045 USA I T S 8 1 C /G )GNXX 1 Sampling Point % Conducm..e at 25 C Water Tempemhue4a 1 D.O. mgA PH Alkalinity pH 83 PH 4.5 Acidity pH 4.5 pH 8.3 Air Temperature (C) 2 94 2^ 10 300 . 400 • 827A4 431 82243 182242 20 Salinity Is PreclpiNon On/day) Cloud Cover % Wind Direction 034 Street, Flow Severity Turbidity Severity 11350 Wind Velocity M/H Stream Depth it Stream Width ft. 480 45 32 36 1351 35 [ean 4 4 DIVISION OF ENVIRONMENTAL MANAGEMENT `WATER QUALITY FIELD -LAB FORM (DM1) COUNTY A/ "' `r - 1 PRIORITY ❑AMBIENT ❑COMPLIANCE ❑EMERGENCY ❑ QA /�^J CHAIN OF CUSTODY SAMPLE TYPE STREAM ❑ LAKE I ❑ESTUARY @1 ❑ EFFLUENT ❑ INFLUENT /'y(I' /) RIVER BASIN ( 8]\ e YY_tt'� r `, REPORT TO: ARO FRO MRO RRO WaRO WIRO WSRO TS� BM \ 1 Other _ Other Shipped by: Bus(Courier, Staff, Other Seed: ID Range: 0-5/5-25/25.65/4P130 or 100 plus Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ 0 mg/1 m Total 31504 /loom] Tube Fecal 31615 /loom] Fecal Sttep 31673 /loom] Total 500 mil/I 11 nesidue: Suspended 530 - mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 pH 403 unite 15 Acidity to pH 4.5 436 mgA 6 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mgA 181 1 Alkalinity to pH 4.5 410 mg/I 19 - TOCASO mgA 20 Turbidity 76 NTU Chloride 940 ' mg/1 Chi a: TO 32217 ug/1 Chi a: Corr 32209 USA Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Cofor.(ptl ) 83 ADMI Color, pH 7.6 82 ADM] Cyanide 720 ' - • mg/1 Fluoride 951 m9/1 F&maldehyde 71880 mg/1 Grease and Oils 556 mg/1 Hardness Total900 mgA Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 u9A Sulfate 945 moll Sulfide 745 mgA Fne I wh Iles r1NI V Lab Number: �i� t(1 o- Date Received:*X. !%� '- I ,Time Rec'd by: ��' From: Bus -Co ru hr-Hand Del DATA ENTRY BY: �J CK, DATE REPORTED: G' ]mil'9 NH3 as N 610 1 l/ /1 mgA TKN as N 625 mgA NO2 plus NO3 as N 630 _mgA P. Total as P 665 mg/I PO4 as P 70507 mgA P. Dissolved as P 666 mgA Cdfadmium 1027' ug/1 CrChromium:Total 1034 USA CuCoPper 1042 ug/I NI -Nickel 3067 ugA Pb-Lead 1051 ugA Zn-Zinc 1092 ugA Aw6tiver 1077 ugA Al -Aluminum 1105 .uaA Be-BerytDum 1012 ugA Ca -Calcium 916 m9A Co -Cobalt 1037 .ugA Fe -Iron 1045 ugA Li -Lithium 1132 ug/I Mg -Magnesium 927 mSA Mn-Manganese 1055 ug/1 Na-Sodium 929 mgA Arseniv.Total 1002 uS/I _ Se -Selenium 1147 ugA fig -Mercury 71900 USA OrganocMarine Pesticides OlganopM¢mm Pesticides Add Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phymp]ankton Samplirlg Point li Conductance at 25 C Water Temperature moll PH Alkalinity Acidity TemperatureD.O. Air Temperature (C) PH 8.3 pit 43 PH 4.5 pH 9.3 2 i- 94 ' 10 Z ( 300 / . 400 S2244 1431 82243 182242 20 . _ Salinity S Precipition Wday) Cloud Cow S Wild Direction O1e9) beam Flour Severity Turbidity Severity Wind Velocity M/H can Stream De pN it Stream Width It. 480 45 32 36 1351 1350 35 64 4 DMI/Revtxd 10/86 METER CALIBRATION REPORT DEM WO7/ea REGION 5 DATE g_aa-q( TIME NAME / iG�Ge DO METER CALIBRATION METER SERIAL * D MEMBRANE LAST REPLACED ? INITIAL CA IRED LINE -(YE-(YEO /NO ZERO ES NO TEMP a, THEORETICAL DO g, 11 WINKLER *I ¢- WINKLER *2 I ACTUAL DO BAROMETRIC PRESSURE TERMINAL CALIBRATION I ITEMP ITHEORETICAL DO 79Y WINKLER *I' N-----� WINKLER *2ot I JACTUAL DO 7 7 CONDUCTIVITY CALIBRATION METER SERIAL * PROBE LAST REPLACED I BATTERIES LAST REPLACED INITIAL CALIBRATION RED LINE - I ZERO - /NO] K VALUE QI ITEMP JISTANDARD VA-L-U-E-----Jl ACTUAL VALUE 02 ITEMP j ISTANDARD VALUE ACTUAL L TERMINAL CALIBRATION 10 TEMP I STANDARD VA—L—UE-,---71 ACTUAL VALUE ® TEMP I STANDARD VALUE ACTUAL VALUE pH METER CALIBRATION FMETEg MFG BY =ISERIAL BUFFER SOLUTIONS LAST REPLACED BATTERIES LAST REPLACED PROBE LAST REPLACED INITIAL CALIBRATION 1Q ITEMP BUFFER VALUE ACTUAL VALUE ®ITEMP 1113UFFER VALUE ACTUAL VALUE TERMINAL CALIBRATION 10I TEMP I I ACTUAL VALUE © TEMP 113UFFER VALUE-------1 I ACTUAL VALUE D • Division of Environmental Management CHAIN OF CUSTODY RECORD For Investigation of\SOI�\ 1 } RECEIVED N.C. Dept. NRCD C AUG 21 IN Winston-Salem Regional Office -�..a. cvaasccso ana Lai tone conplatod,by: (--r b Only Station. Lb•11o• No• Station.Location Data NO. of Tice Bottles �. Sow !-v.�b9 kA 2 ;Ul1.mqu!'L,Pnhed, bq(Signnture): Received by(Signatuze): Date /Time Rec b Rec by Rec by (Lab) meat• _ Securit Seal b a abd Condition Lock by: Broken b Open by: • IIR tlCD MTv Q 05 12