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HomeMy WebLinkAbout710031_NOV-2017-PC-0654_20171011Va r -, Vr ater Resources En-✓ironmcntal Quality October 11, 2017 CERTIFIED MAIL 7013 2630 0002 0760 9350 RETURN RECEIPT REQUESTED Donald H. Hall 4571 NC Hwy 133 Rocky Point, NC 28457 Subject: NOTICE OF VIOLATION NOV-2017-PC-0654 Administrative Code 15A NCAC 2T .1304 Hall Farm 1 & 2 Facility 71-31, Permit No. AWS710031 Pender County Dear Mr. Hall: ROY COOPER Governor MICHAEL S. REGAN Secrerory S. JAY ZIMMERMAN Director Upon review of our non-compliance reporting records by staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR), it was determined that this facility was not in compliance in regards to maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and there is at least one (1) foot of structural freeboard, in accordance with Condition V. 2. of the Swine Waste System General Permit No. AWG100000. On August 29, 2017, the staff from the Wilmington Regional Office (WIRO) received notification of the Hall Farm 1 & 2 lagoons being out of compliance with the freeboard levels specified in the facility's CAWMP. Lagoon 1 Fifteen (15) inches Lagoon 2 Fifteen (15) inches The lagoons design freeboard is nineteen (19) inches for lagoon 1 and 2. State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, Nonh Carolina 28405 910-796-7386 ,s.Ry� x s ; Required Corrective Action for Violation 1: A thirty (30) day Plan of Action must be submitted for Lagoons 1 and 2. Please provide to our office, a description of the corrective action you will take to resolve this issue. You are required to provide a written response to this Notice by November 13, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If you have any questions concerning this Notice, please contact me at (910) 796-7386. Sincerely, 1 JimCG_reegson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Jason Turner, Fender County Soil and Water Conservation District Kraig Westerbeek, Murphy Drown LLC DWR Wilmington Animal Files 71-31 Sam Edwards NCDA G:\WQ\Shared\ANIMALS\FENDER\2017\71-31 NOV November 3, 2017 RE: Notice of Violation NOV-2017-PC-0654 Dear Mr. Gregson: AFot4AA400, NA/ NpV �lyA IY ote,o Zo/I e6'iond A,ond r/O�ee I am responding to the Notice of'Violation dated October 11, 2017 by your department. This violation was issued to Hall Farm 1&2 Permit numberAWS710031 fora freeboard level of 15" in both lagoons. The farm strives to remain in compliance at all times however during the month of August it received over 8 "of rainfall. The farm staff notified DEQ that they were out of compliance. A 30 day POA is enclosed and the lagoon was drawn down to below 19' as the staff land applied. Sincerely, A- jd� Donald Hall. PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71-31 Facility Name: Hall 1 & 2 Certified Operator Name: Donald Hall County: Pender Operator Number: fCflVfO/NCDfNR/DWR NOV 13 201) wpferQUali wilmlry o lReg ctiot7 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 1 2 no no 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 9/4/2017 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Donald Hall Phone: 910-520-3555 FFaacility�O�wner/Manager (print) Date: x ( I Facility Owner/Manager (signature) PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Hall 1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 15.0 inches 19.0 inches 4.0 inches 497083 ft2 1239394 gallons 180 days g. volume of waste produced according to structural design 330480 ft3 h. current herd # 2448 certified herd # 2448 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 9/15/2017 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 330480 ft3 0 ft3 37188 ft3 458359 gallons 1.27 Ibs/1000 gal. 2166.1 Ibs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): JHall2 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 15.0 inches 19.0 inches 4.0 inches 497083 ft2 1239394 gallons 180 days g. volume of waste produced according to structural design 330480 ft3 h. current herd # 2448 certified herd # 2448 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 9/15/2017 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 330480 ft3 �I ft3 IL�37188J ft3 458359 gallons 1.34 Ibs/1000 gal. 2275.0 Ibs. PAN PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Hall 1 line m = 2156.1 lb PAN 2. Structure ID: Hall 2 line m = 2275.0 lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines t+2+3+4+5+6= 4431.1 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PFRIOn nn NOT I IRT mm nR Tn WHICH PAN CANNOT RF APPI IFn mill THIR 3O DAY PFRIOn_ o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Ib/acre) L TOTAL PAN BALANCE FOR FIELD (Ibs.) u. application window' Zones Bermuda 7.44 158.00 1175.5 Mar -Se Zone Soybeans 12.51 73.00 913.2 Apr - Se15 Zone 3 Soybeans 11.61 64.00 743.0 Apr - Se 15 Zone 4 Soybeans 6.27 85.00 533.0 Apr - Se 15 Zone 5 Soybeans 4.65 75.00 348.8 Apr - Se 15 Zone 6 Soybeans 9.19 81.00 744.4 Apr - Sep 15 Zone 7 Soybeans 3.31 20.00 66.21 Apr - Sep 15 Zone 8 Soybeans 1.75 18.00 31.5 A r - Se 15 7092 Soybeans 22.00 56.00 1232.0 A r-Se 15 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 5787.6 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line In from section II) = 4431.1 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 5787.6 lb. PAN y. Overall PAN balance (w - x) = -1356 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: plan is to land apply using honey wagon as fields dry. PDA (30 Day) 2/21/00