710072_NOV-2017-PC-0655_20171011

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v. 9,
Water Resources
Enaironmental Quality
October 11. 2017
CERTIFIED MAIL 7017 1450 0000 3937 2816
RETURN RECEIPT REQUESTED
Donald H. Hall
4571 NC Hwy 133
Rocky Point, NC 28457
Subject: NOTICE OF VIOLATION
NOV-2017-PC-0655
Administrative Code 15A NCAC 2T .1304
Ponderosa Farm 71-72, Permit No. AWS710072
Duplin County
Dear Mr. Mall:
ROY COOPER
Govei no.!-
MICHAEL S. REGAN
Secretary
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
Ponderosa Farm 1 lagoon being out of compliance with the freeboard levels specified in the facility's
CAWMP.
Lagoon 1 Fifteen (15) inches
The lagoons design freeboard is nineteen (19) inches for lagoon 1.
a
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386

Required Corrective Action for Violation 1:
A thirty (30) day Plan of Action must be submitted for Lagoon 1.
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 [phone].
Sincerely,
Jun Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Jason Tuner, Fender County Soil and Water Conservation District
Kraig Weslerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 71-72
Sam Edwards NCDA
G:\WQ\Shared\ANWALS\PENDER\2017\71-72 NOV
k

November 3, 2017
RECEIVED/NCDENR/DWR
RE: Notice of Violation
NOV-2017-PC-0655 NOV 13 2017
Water Quality Regional
Will ection
nOinngtoniOns Regional Office
Dear Mr. Gregson:
I am responding to the Notice of Violation dated October 11, 2017 by your department. This violation was
issued to Ponderosa Farm Permit number AWS710072 for a freeboard level of 15" .
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,
Donald

PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number: 71-72 County: Ponder
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Facility Name: Ponderosa
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Certified Operator Name: Donald Hall Operator Number:
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1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon
to thg' d
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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 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID: Ponderosa
Spillway(Y or N): no
Level(inches): 15
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: [phone]
nFa�cilityy(O�w/nner/Mannag]eer (print)
Q90 `--/ la 70- C- Date:
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): JPonderosa
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
1020360 ftz
2544098 gallons
180 days
g. volume of waste produced according to structural design 495720 ft3
h. current herd #F--3-6-72-1 certified herd # 3672
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 In + 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 9/20/2017
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)
495720 ft3
Oft3
73500 ft3
709628 gallons
1.34 Ibs/1000 gal.
4360.0 Ibs. PAN
PoA (30 Day) 2/21100

II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structure ID: Ponderosa
2. Structure ID:
3. Structure ID:
4. Structure ID:
5. Structure ID:
6. Structure ID:
n. lines 1 + 2 + 3 + 4 + 5 + 6 =
line m = 4360.0 lb PAN
line m = Ill PAN
line m = lb PAN
line m = lb PAN
line m = Ill PAN
line m = lb PAN
4360.0 lb PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
DCDInn nn ranT I ICT PIFI nC Tn UlAi PAN CANNnT RP APPI IFn ❑IIRING THIS 3n DAY PERIOD.
o. tract #
p. field #
Q. crop
r. acres
s. remaining IRR
2 PAN balance
(iblacre)
t. TOTAL PAN
BALANCE FOR
FIELD(Ibs.)
u. application window'
Zonal
Pull 1&2
Bermuda
7.16
185.00
1324.6
Zone 2
Pull 3&4
Bermuda
12.45
223.00
2776.4
Zone 3
Pull
Bermuda
4.36
72.00
313.9
'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) = 4414.9 lb. PAN
IV. FACILITY'S FDA OVERALL PAN BALANCE
w. Total PAN to be land applied (line In from section II) = 4360.0 lb. PAN
x. Crop's remaining PAN balance (line v from section III) = 4414.9 lb. PAN
y. Overall PAN balance (w - x) = -55 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:
onto existing spray fields will continue as weather and field conditions permit.
PoA (30 Day) 2/21/00