310122_Complaint Investigation_20190620

Powel�',David C
From: Jonathan Miller <[e-mail]>
Sent: Monday, July 15, 2019 9:01 AM
To: Powell, David C
Subject: [External] E&B Farms 31-122
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Discharge paper for31-122

Sent from my iPhone

Powell, David C
From:
Jonathan Miller<[e-mail]>
Sent:
Friday, July 12, 2019 3:51 PM
To:
Powell, David C
Subject:
(External] E&B Farms 1-3 (31-122)
Attachments:
IMG_2836.JPG; IMG 2835.JPG; IMG_2834.JPG; IMG_2833.1PG; IMG_2831.JPG; IMG_
2832.J PG
David,
Here are some pictures showing E&B Farms 31-122 using a big aerator on the field that was compacted by
cows. It was done several times on 6/25/ 19.
Thanks,
Jonathan K. Miller
Agriment Services Inc.
Office: [phone]
Fax:[phone]
Cell: [phone]
www.aprimentservices.com
This electronic message contains information generated by Agriment Services Inc. and is solely for the intended recipients. Any unauthorized interception of this message or the
use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error,
please notify the sender and delete the email immediately.

1,

ANALYTICAL 8 CONSULTING CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way, Wilmington, NC 28405 • 910392.0223 Lab • 910,392.4424 Fax
710 13otvserthnc-n Road, %Ianteo, NC J954 • 252.473.5702 Lab/fax
25S-A Wilmington Highwav, Jacksom•ille, NC 28540 • 910.347.5543 Lab/Fax
inloaa enrvironmemalchemists.com
NCDENR-DWR Date of Report: Jul 03, 2019
127 N. Cardinal Drive Ext. Customer PO #:
Wilmington NC 28405 Customer ID: 09010049
Attention: David Powell Report #: 2019-10006
Project ID: 31-122
Lab ID Sample ID: Collect DatelTime Matrix Sampled by
19-25656 Site: Sample 1 6/20/2019 10:55 AM Water Client
Test
Method
Results Date Analyzed
Ammonia Nitrogen
EPA 3501
478 mg/L 06/26/2019
Total Phosphorus
SM 4500 P F
46.9 mg/L 06/27/2019
Fecal Coliform
SM 9222D ME
>60000 Colonies/100ml- 06/20/2019
Total Nitrogen (Cale)
Total Kjeldahl Nitrogen (TKN)
EPA 351 2
698 mg/L 06/25/2019
Nitrate+Nitrite-Nitrogen
EPA3532
1.44mg/L 06/26/2019
Total Nitrogen
Total Nitrogen
699 mg/L 07/03/2019
Lab ID Sample ID:
Collect Date/Time
Matrix Sampled by
19-25657 Site: Sample 2
6/20/2019 11:07 AM
Water Client
Test
Method
Results Date Ar lvzed
Ammonia Nitrogen
EPA 350 1
76.0 mg/L
06/26/2019
Total Phosphorus
SM 4500 P F
7.89 mg/L
06/27/2019
Fecal Coliform
SM9222DMF
36500Colonies/100mL
06/20/2019
Total Nitrogen (Cale)
Total Kjeldahl Nitrogen (TKN)
EPA 3512
82.4 mg/L
06/25/2019
Nitrate+Nitrite-Nitrogen
EPA3532
0.18mg/L
06/2612019
Total Nitrogen
Total Nitrogen
82.6 mg/L
07/03/2019
Report #r. 2019-10006
Page 1 of 2

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Powell, David C
From:
Powell, David C
Sent:
Tuesday, June 25, 2019 10:28 AM
To:
Tharrington, Tom
Cc:
Powell, David C
Subject:
Fwd: [External] E&B Farms Discharge Info.
Attachments:
Animal Waste Press Release Template E & B Farms (1) 6-21-19.pdf, ATT00001.htm;
E&BFarmsDrainageGate (2).jpg; ATT00002.htm; E&BFarmsDrainageGate (4)jpg;
ATT00003.htm; E&BFarmsDrainageGate (6).jpg; ATT00004.htm; E&BFarmsDrainageGate
(8).jpg; ATT00005.htm; E&BFarmsDrainageGate (9).jpg; ATT00006.htm;
NOVDischargeLetterSteveEnglilsh-5dayresponse (1)6-21-19.pdf; ATT00007.htm
Sent from my iPhone
Begin forwarded message:
From: Jonathan Miller <a¢rimentservices [e-mail]>
Date: June 25, 2019 at 10:16:55 AM EDT
To: "David C. Powell" <[e-mail]>
Cc: Geno Kennedy <a¢[e-mail]>
Subject: [External] E&B Farms Discharge Info.
erna emal . o no I s o open attachments unless you verify. Send all suspicious email as an
Fn r� tnriF.ansnt_ wn IXoy
David,
See attachments for the following:
Animal Waste Discharge Report sent to News Paper (Faxed 6/21/ 19 4:35pm)
5 Day Discharge Corrective Actions Letter (This is copy of what was mailed to you 6/24/ 19)
Pictures showing that a drainage gate and dike of the area the discharge was coming from.
Mr. English also planning to aerate area on 6/25/ 19 and send us pictures to send to you.
If you are missing anything pleas let me know and we will get to you asap.
Thanks,
Jonathan K. Miller
Agriment Services Inc.
Office: [phone]
Fax: [phone]
Cell: [phone]
www.aprimentservices.com
This electronic message contains information generated by Agriment services Inc. and is solely for the intended recipients. Any unauthorized interception
of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties, if you
believe you have received this message in error, please notify the sender and delete the email immediately.

Powell, David C
From: Powell, David C
Sent: Tuesday, June 25, 2019 10:28 AM
To: Tharrington, Tom
Cc: Powell, David C
Subject: Fwd: [External] E&B Farms Discharge Info.
Attachments: Animal Waste Press Release Template E & B Farms (1) 6-21-19.pdf; ATT00001.htm;
E&BFarmsDrainageGate (2).jpg; ATT00002.htm; E&BFarmsDrainageGate (4)jpg;
ATT00003.htm; E&BFarmsDrainageGate (6)jpg; ATT00004.htm; E&BFarmsDrainageGate
(8)jpg; ATT00005.htm; E&BFarmsDrainageGate (9).jpg; ATT00006.htm;
NOVDischargeLetterSteveEnglilsh-Sdayresponse (1)6-21-19.pdf; ATTO0007.htm
Sent from my iPhone
Begin forwarded message:
From: Jonathan Miller <axrimentservices [e-mail]>
Date: June 25, 2019 at 10:16:55 AM EDT
To: "David C. Powell" <[e-mail]>
Cc: Geno Kennedy <[e-mail]>
Subject: [External] E&B Farms Discharge Info.
David,
See attachments for the following:
Animal Waste Discharge Report sent to News Paper (Faxed 6/21/ 19 4:35pm)
5 Day Discharge Corrective Actions Letter (This is copy of what was mailed to you 6/24/ 19)
Pictures showing that a drainage gate and dike of the area the discharge was coming from.
Mr. English also planning to aerate area on 6/25/ 19 and send us pictures to send to you.
If you are missing anything pleas let me know and we will get to you asap.
Thanks,
Jonathan K. Miller
Agriment Services Inc.
Office: [phone]
Fax: [phone]
Cell: [phone]
www.aprimentservices.com
This electronic message contains information generated by Agriment Services Inc. and is solely for the intended recipients. Any unauthorized interception
of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you
believe you have received this message in error, please notify the sender and delete the email immediately.

-
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0 Division of Water Resources
Facility Number E= - 0 Division of Soil and Water Conservation
/- 0 Other Agency
of Visit: C5 Compliance
Reason for Visit: �0 Routine Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: p� / /q p /fay Arrival Time: !{ Departure Time: County: Region:
Farm Name:
Owner Name:
Mailing Address:
Physical Address:
Owner Email:
Phone:
Facility Contact: le:
/I
r�tt
Onsite Representative: t" il!'� �jf% tl Integrator:
Certified Operator:
Back-up Operator:
Location of Farm:
Design Current
Swine Capacity Pop.
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Other
Other
Latitude:
Phone:
Certification Number:
Certification Number:
Design Current
Wet Poultry Capacity Pop.
Layer
Non -La er
Design Current
Dry Poultry Capacity Pop.
Layers
Non -Layers
Pullets
Turkeys
Turkey Poults
Other
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operati
Discharge originated at: El Sin ucture Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DW R)
c. What is the estimated volume that reached waters of the State (gallons)?
Longitude:
Design Current
Cattle Capacity Pop.
Dairy Cow
Dairy Calf
Dairy Heifer
Dry Cow
Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
Yes ❑ No ❑ NA ❑ NE
❑Y ❑No ❑NA ❑NE
Yes ❑ No ❑ NA ❑ NE
d. Does the discharge bypass the waste management system? (If yes, notify DWR) ❑ Yes No ❑ NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes LJ ❑ NA ❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes No ❑ NA ❑ NE
of the State other than from a discharge?
Page I of* '� 21412015 Continued

Facilit Number: Date of Inspection: Lo
r
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes Zj 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 ZrNo ❑ 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 o ❑ 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 ONo ❑ NA ❑ NE
maintenance or improvement?
11. Is th evidence of incorrect la d application? If yes, check the appropriate box below. Yes ❑ No ❑ NA ❑ NE
Excessive Ponding incorrect
Overload El Frozen Ground ❑Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ 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?
15. Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
acres determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
the appropriate box.
❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements
❑ Yes
No
❑ NA
❑ NE
Yes
❑ No
❑ NA
❑ NE
[:]Yes
, jNo
❑ NA
❑ NE
❑ Yes ❑ NA ❑ NE
ElYes Lj No ❑ NA ❑ NE
❑ Yes
❑ No
❑ NA
NE
❑ Yes
❑ No
❑ NA
EKE
❑ Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rainfall Inspections
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes ❑ No
❑ Yes ❑ No
❑ NA 0_?
❑ Weather Code
❑ Sludge Survey
❑ NA ©-Nt'
❑ NA ❑�
Page 2 of# ^{ 21412015 Continuer!

Facili umber: Date of Inspection:
24. pid the facility fail to calibrate waste application equipment as required by the permit? ❑Yes ❑ No
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No
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
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
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?
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
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
34. Does the facility require a follow-up visit by the same agency?
❑ Yes EfNo
❑ NA [7TNE
❑ NA ❑/
❑ NA Q NE
FD NA ❑ NE
❑NA ❑NE
❑ Yes -fNo ❑ NA ❑ NE
Yes ❑ No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA [fNE
❑ Yes D ❑ NA ❑ NE
❑ Yes No ❑ NA ❑ NE
❑ Yes No ❑ NA ❑ NE
(Comments (refer to question #): Explain any YES answers and/or any additional recommendations or any other comments. I
Use drawivas of facility to better exDlain situations (use additional naees as necessarv).
J Por,
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Reviewer/Inspector Name: G-.1 O✓C (f Phone: �110 �� 1304
Reviewer/Inspector Signature: °"'^ Date: (� 2
Page 3 off 21412015

Qg q t- 14 0 1 tI 4/30/97

FAXED: 6/21/19 4:35PM
ANIMAL WASTE DISCHARGE REPORTED IN
DUPLIN COUNTY
Rose Hill, NC - E & B Farms 31- 122 had an animal waste discharge on 6/20/19 of an estimated
4000 gallons from the spray fields. The discharge may have affected the WIC
JVVAM
in the NE Cape Fear River Basin.
The N.C. Division of Water Resources was notified of the event on 6/20/2019 and is monitoring
the incident.
"M

E & B Farms Inc.
E & B Farms 1-3 (31-122)
PO Box 67
Teachey, NC 28464
David Powell
NCDEQ
127 North Cardinal Drive
Wilmington, NC 28405
Dear Mr. Powell:
RECEIVED/NCDENR/DWR
JUN 2 6 Mq
June 21, 2019 Water Quality Regional
Section
WilmOington ons Re�Iinnal Office
Subject: Corrective Actions
This letter is in reference to corrective actions taken for the (more than 1000 gallon) discharge that was
discovered on Thursday June 20'h at E&B Farms 1-3 site 31-122.
Description of Discharge: The reason for the discharge was because of an irrigation event onto a hardpan
low area in the field as my staff was testing irrigation pump. This field has also been compacted and
rutted by the cows. After running the test to see that all seals of the repaired pump were good, pump was
shut down. Didn't think pump had been running long enough to have any issues so we weren't aware of
discharge until next morning by DWR visit.
Time of Discharge: 11:30am to 12:30am on 6/19/2019. Approximate discharge stopped 1:OOpm
6/20/2019
Cause of the Discharge: Irrigating in a high maintenance area with compacted soil by cows.
Once we were aware of the discharge the following items are actions that were taken or being considered
to prevent this kind of discharge from happening again:
• My staff acted quickly to block flow in an attempt to prevent the flow from flowing further down
the tributary.
• Samples were collected per my current permit for the required parameters and rushed to the
Waters Lab in Warsaw to fulfill my sampling requirements. We should have good matching
samples to compare with the state samples once the test results are released.
• Plan to repair the area of the discharge by adding soil to fill holes. Rip or aerate field to help with
the compaction problems. Possibly add drainage gate in this area that can be shut to prevent
discharge during irrigation application.
• Plan to be more vigilant especially in high maintenance areas.
I would ask that you copy Agriment Services on any future correspondence that results from this
inspection as well. If you need additional information please feel free to contact me at the above address.
Sincerely,
Steve English
Farm Manager/OIC

NCDENR-DWR Date of Report: Jun 24, 2019
127 N. Cardinal Drive Ext. Customer PO M
Wilmington NC 28405 Customer ID: 09010049
Attention: David Powell Report M 2019-10006
Project ID: 31-122
Lab ID Sample ID: Collect DatelTime Matrix Sampled by
19-25656 Site: Sample 1 6/20/2019 10:55 AM Water Client
Test Method Results Date Analyzed
Fecal Coliform
SM9222DMF
>60000Colonies/100mL 06/20/2019
Lab ID Sample ID:
Collect DatelTime
Matrix Sampled by
19-25657 Site: Sample 2
6/20/2019 11:07 AM
Water Client
Test
Method
Results Date Analyzed
Fecal Coliform
SM9222DMF
36500Colonies/100mL 06/20/2019
Lab ID Sample ID:
Collect DatelTime
Matrix Sampled by
19-25658 Site: Sample 3
6/20/2019 11:20 AM
Water Client
Test
Method
Results Date Analyzed
Fecal Coliform
SM9222DMF
>60000Colonies/100mL 06/20/2019
Lab ID Sample ID:
Collect DatelTime
Matrix Sampled by
19-25659 Site: sample 4
6/20/2019 11:45 AM
Water Client
Test
Method
Results Date Analyzed
Fecal Coliform
SM 92220 MF
653 Colon ies/100ml- 06/20/2019
Comment:
Reviewed by
Reportk: 2019-10006 Page 1 of 1

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