710003_NOV-2019-PC-0551 Response_20190830

Murphy -Brown LI.0
August 30, 2019
Morella Sanchez -King
Environmental Regional Supervisor
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms. King
ECEI E
AUG 3 0 2019
PO Drawer 856
2822 Hwy. 24 West
Warsaw, NC 28398
Tel: [phone]
Fax:[phone]
I am writing to you on behalf of Glenda Wooten, owner of the of Charles Wooten Farm
1&2 facility number AWS710003 in Pender County, in response to an NOV, case number NOV-
2019-PC-0551, issued to this farm in a letter dated July 31, 2019. The NOV was issued as a
result of high freeboard.
Violation# 1 of the NOV indicates failure to maintain storage capacity in a lagoon greater
than or equal to that required in Condition V.2. of Gerneral Permit AWG100000.
Enclosed you will find all of the rainfall records, freeboard levels, pumping records and copies of
the POA's for last year. Included is a notice from the National Weather Service showing that
2018 was the wettest year in Wilmington on record.
Upon review of the records, I'm sure you will find that Ms. Wooten did everything she could to
stay in compliance with his permit. Earlier this year, they revised their NUP to go be able to
Aerway to better manage this facility. Please also note that Sam Edwards came to the facility on
12/19/2018 to look at the lagoon gauges. The gauge in lagoon 2 was set 5" to low. That has been
stick has been replaced.
We are formally requesting that this be downgraded to a Notice of Deficiency.
Sincerely,
Toni King
Technical Specialist
Smithfield Hog Production
RE0E1VfD/N€0ENR/DWR
AUG 3 0 2019
Water QuauryRegional
Wilco¢et tioijs Section
on Re;,,nal Office

Smi<41sf eIA . 2018
y-a {tea. Daily Raintall/Weeidy Lagoon Level Record
Fsm:
a precipitation is snow, note as S on date.

Smi thfieia _
Fa : -Rt. '`.4 ► Daily Rainfa[VWeekiy Lagoon Level Record
Farts:
2018
January Freeboa
C `
February Freeboard
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SUN
M Nd
TUE
WED
THUR
FRI
SAT
SUN
I MOO
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WED I
THUR III
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SAT
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3
4
5
8
12
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9
10
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12
13
8
9
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14
15
16
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18
19
20
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13
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16
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22
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24
25
25
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18
1925
31
22
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26
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D
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March Freeboard
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April Freeboard
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11
12
13
14
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15
16
17
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16
17
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19
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Freeboard
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18
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Record rainfall daily. If daily rainfall totals 1 inch or greater, initial in tax that lagoon intearitv has been checked
cipitadon is snow, note as S on date.

8/30/2019 Wilmington's Race to 100 inches!
NATIONAL WEATHER SERVICE
_ > Wilmington's Race to 100 inches!
MANS Wilmington, NC
city, sr
At 9:00 a.m. Saturday, December 15th, annual rainfall in Wilmington, NC officially 2018 Final Rainfall Total
Enter Your City, ST or
reached 100 inches!
ZIP Code
2018 is the wettest year in Wilmington's history. The all-time annual record that stood for V
02.40
Remember Me
over 140 years was broken on September 16th during Hurricane Florence, almost three
and a half months before the end of the year. Every raindrop since then continued to
extend the record which ended at 102.40 inches. A few climate statistics will show just how
Get Weather
unimaginable 2018's rain has been.
• Wilmington's average annual rainfall: 57.61"
<
• Previous record annual rainfall: 83.65" in 1877 omen wmw"re
• This year Wilmington has recorded the most number of days ever with daily rainfall t del that m1n°'�° '
t
greater than 1.50, 3.00, and 4.00 inches. \, r�``�
• Total rainfall from just the 17 wettest days in 2018 is 58.96" — more rain than in an - L - g
entire typical year! tl>\% y
• 96 inches is eight feet -- the standard depth of the "deep end" of a backyard
swimming pool.
Why was 2018 been so wet? A large part of it was -.. _ _ _ is record -breaking ': L
23.02" of rain atthe Wilmington airport September 13th through 16th. This is the largest e
rainfall total from any single weather event in Wilmington's history, handily beating
Hurricane Floyd's 19.06" rainfall total back in 1999. According to
that much rain falling at Wilmington in just four days occurs, on
average, once every 1,000 years.
A steady stream of non -tropical low pressure systems, cold and warm fronts, and daytime
thunderstorms also brought well -above normal rainfall amounts in January, May, June, July,
and November. Most of North Carolina has recorded well -above normal rainfall this year.
Our local observations show the last five years (2014 through 2018) have all had above -
normal rainfall in Wilmington, and are collectively the wettest five year period since records began in 1871. While it's never
possible to attribute a single storm or even a particular year's weather events to climate change, the _-
-� _�. states "Across most of the United States, the heaviest rainfall events have become heavier and more frequent.
The amount of rain falling on the heaviest rain days has also increased over the past few decades."
Accumulated Precipitation - Wilmington NC
1T ±_ s ._m. poi ! :,. -o, — --r
2018 broke the recent for the most rainfall in a year in Wilmington, NC by over 18 inches. Credit: Tim ArmstmngMWS
2
at: 0.03" Actual: 0.01"
95.82" Year: 95.83"
Wilmington Rainfall Calendar for December 2018
3 4 5r
:Actual: 0.00" 'Actual: 0.00" Actual: 0.00"
Year: 95.83" Year: 95.83" Year: 95.83"
Actual: 0.47"
Year: 95.79"
6 7 I
(Actual: 0.00" Actual: 0.62"
Year: 95.83" Year: 96.45"
https://w .weather.gov/ilm/Raceto100 1/3

8/30/2019
Wilmington's Race to 100 inches!
9
10 11
12
13
14 V
Actual: 1.22"
Actual: 0.08"
Actual: 0.00"
Actual: 0.00"
Actual: 0.00"
Actual: 1.97"
Actual: 0.42"
Year: 97.67"
Year: 97.75"
Year: 97.75"
Year: 97.75"
Year: 97.75"
Total: 99.72"
Total: 100.14"
._. _...
16 _.._
17. __. _-_18_
-19
_...
20 _.
21. _... _. _.21
Actual: 0.00"
Actual: 0.00"
Actual: 0.00"
Actual: 0.00"
Actual: 1.09"
Actual: 0.04"
Actual: 0.00"
Total: 100.14"
Total: 100.14"
Total: 100.14"
Total: 100.14"
Total: 101.23"
Total: 101.27"
Total: 101.27"
23
24 25
26 _
27 _.. -
28 2E
Actual: 0.00"
Actual: 0.00"
Actual: 0.00"
Actual: 0.00"
Actual: 0.18"
Actual: 0.81"
Actual: trace
Total: 101.27"
Total: 101.27"
Total: 101.27"
Total: 101.27"
Total: 101.45"
Total: 102.26"
Total: 102.26"
Actual: 0.14"
Actual: 0.00"
Total: 102.40"
Total: 102.40"
Latest NWS Wilmington rainfall amount forecasts
Latest NWS Weather Prediction Center (WPC) Rainfall Forecasts
Latest NWS Climate Prediction Center (CPC) Rainfall Outlooks
Research and Page Autboc
Page Created: December 3, 2018
Last Modified: January 1, 2019
https://www.weather.gov/ilm/Raceto100 213

for Visit: O Routine O Complaint 0 Follow-up Q Referral
O Other O Denied Access
Date of Visit: Arrival Time: Departure Time: E-== County:
Farm Name:
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Title:
Latitude:
Discharges and Stream Impacts
1. Is any discharge observed from -any partofthe operation.
Discharge originated at: ❑ Structure ❑ Application Field
a. Was the conveyance man-made?
Owner Email:
Phone:
Phone:
Integrator:
Certification Number:
Certification Number:
Longitude:
Region:
Q Yes No NA M NE
❑ Other:
b. Did the discharge reach waters of the State? (If yes, notify DWR)
C. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
El Yes No Ej NA ❑ NE
Yes No NA n NE
Yes No
Yes 0 No
Yes ❑ No
NA NE
NA NE
NA Ej NE
Page I of 3
2/4/2015 Continued

Facility Number: jDate of Inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
❑ Yes
❑ No
❑ NA
❑ NE
a. If yes, is waste level into the structural freeboard?
❑ Yes
❑ No
❑ NA
❑ NE
Structure 1 Structure 2 Structure 3 Structure 4
Structure 5
Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed?
❑ Yes
❑ No
❑ NA
❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a
❑ Yes
❑ No
❑ NA
❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental
threat,
notify DWR
7. Do any of the structures need maintenance or improvement?
❑ Yes
❑ No
❑ NA
❑ NE
8. Do any of the structures lack adequate markers as required by the permit?
❑ Yes
❑ No
❑ NA
❑ NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ Yes
❑ No
❑ NA
❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ Yes
❑ No
❑ NA
❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below.
❑ Yes
❑ No
❑ NA
❑ NE
❑ Excessive Pending ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN> 10%or 10lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge
into
Bare Soil
❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application
Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
❑ No
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
❑ No
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
❑ No
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
❑ NA
❑ NE
18. Is there a lack of property operating waste application equipment?
❑ Yes
❑ No
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
❑ No
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
❑ No
❑ NA
❑ NE
the appropriate box.
❑WUP ❑Checklists ❑Design ❑Maps ❑ Lease Agreements
❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA ❑ NE
Page 2 of 3 21412015 Continued

Facili Number: jDate of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA ❑ NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No ❑ NA ❑ NE
the appropriate box(es) below.
❑ Failure to complete annual sludge survey ❑ Failure to develop a PDA for sludge levels
❑ Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes ❑ No ❑ NA ❑ NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes ❑ No ❑ NA ❑ NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
❑ Yes ❑ No ❑ NA ❑ NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
❑ Yes ❑ No ❑ NA ❑ NE
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Yes ❑ No ❑ NA ❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
❑ Yes ❑ No ❑ NA ❑ NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
❑ Yes ❑ No ❑ NA ❑ NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes ❑ No ❑ NA ❑ NE
Reviewer/Inspector Name: Phone:
Reviewer/Inspector Signature:
Page 3 of 3
Date:
21412015

Lfacei
Date of Inspection:
Technical Assistance
Needed
Provided
35. Waste Plan Revision or Amendment
❑
❑
36. Waste Plan Conditional Amendment
❑
❑
37. Review or Evaluate Waste Plan w/Producer
❑
❑
38. Forms Need (list in comment section)
❑
❑
39. Missing Components (list in comment section)
❑
❑
40. 02T .1300 Re -certification
❑
❑
41. Five & Thirty Day Plans of Action (POA)
❑
❑
42. Irrigation Record Keeping Assistance ❑ ❑
43. Organization/Computerization of Records ❑ ❑
44. Sludge Evaluation ❑ ❑
45. Sludge Plan of Action (POA) ❑ ❑
46. Sludge Removal or Closure Plan ❑ ❑
47. Sludge Removal/Closure Procedures
❑
❑
48. Waste Structure Evaluation
❑
❑
49. Structure Needs Improvement
❑
❑
50. Operation & Maintenance Improvements
❑
❑
51. Marker Check/Calibration
❑
❑
52. Site Evaluation
❑
❑
53. Irrigation Calibration
❑
❑
54. Irrigation System Design/Installation
❑
❑
55. Secure Irrigation Information (maps, etc.)
❑
❑
56. Operating Improvements (pull signs, etc.)
❑
❑
57. Wettable Acre Determination
❑
❑
58. Evaluate WAD Certification/Rechecks
❑
❑
59. Crop Evaluation/Recommendations
❑
❑
60. Drainage Work/Evaluation
❑
❑
61. Land Shaping, Subsoiling, Aeration, etc,
❑
❑
62. Runoff Control, Stonmwater Diversion, etc.
❑
❑
63. Buffer Improvements
❑
❑
64. Field Measurements (GPS, surveying, etc.)
❑
❑
65. Mortality BMPs
❑
❑
66. Waste Operator Education
❑
❑
67. Operation & Maintenance Education
❑
❑
68. Record Keeping Education
❑
❑
69. Crop/Forage Management Education
❑
❑
70. Soil and/or Waste Sampling Education
❑
❑
71. PLAT
❑
❑
72.Other
❑
❑
List Improvements Made by Operation:
2.
4.
5.
3.
0
21412011