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HomeMy WebLinkAbout940021_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT Water Resources Environmental Quality March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED NCDA&Cs Tidewater Research Station 207 Research Sta Rd Plymouth, NC27962-7962 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director RECEIVEDINCDENR/DWR MAR 16 2017 Water c t:Jasty Regional ,)Orations Section Wa.inington Regional office Subject: Notice of Deficiency Tidewater Research Station Permit Number AWC940021 Washington County Dear Permittee, As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2016PRO10035 12/3/2016 60 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd- Nothing Compares State of North Caroline I Environmental Quality I Division of Water Resources Water Quality Regional operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-912.9 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, `` D6, J, UTAr, Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Washington Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWC940021) North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION June 14, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7011 0110 0000 9947 6046 Tidewater Research Station, NCDA 207 Research Station Road Plymouth, North Carolina 27962 RE: Notice of Violation Cattle Unit, Facility Number 94-21 Permit NO. AWC940021 Washington County NOV# NOV-2012-PC-0206 Dear Tidewater Research Station: On June 4, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) conducted a routine compliance inspection of the cattle unit at Tidewater Research Station. The onsite visit documented a failure to complete an annual sludge survey for 2011. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Cattle Waste System General Permit No_ AWG100000 that you are covered to operate under. Specific violations areas follows: LYM. FUT-TA150 Failure to conduct a survey of the sludge accumulation in all lagoons every year for this facility in accordance with Condition lil. 19. of Cattle Waste System General Permit No. AWG100000. North Carolina Division of Water Quality Intemet: www.ncwaterguality.org 943 Washington Square Mall Phone- 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunfty/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Nonc rthCarolina Aaturally Cattle Unit June 6, 2012 Required Corrective action for Violation 1: Take all action necessary to conduct a sludge survey (yearly) and report on forms provided or approved by the Division of Water Quality. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S.143-215.6A. If you have any questions concerning this Notice, please contact Marlene Salyer at 252-948-3846 or me at 252-948-3939. Sincerely, V j David May Regional Supervisor Washington Regional Office cc: Keith Larick CAFO Unit Washington SWCD DSWC - Wo MDS files A," '..�=xPA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT_ REQUESTED CM# 7009 2250 0000 9252 2814 NCDA&Cs Tidewater Research Station 2 207 Research Station Road Plymouth, North Carolina 27962 Coleen H. Sullins Director February 16, 2010 Subject: NOTICE OF DEFICIENCY Tidewater Swine 494-21 AWS940024 Washington County NOD-2009-PC- 0184 Dear NCDA&Cs: Dee Freeman On February 6, 2010 during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), Mr. Terry Armstong reported a high freeboard level (14 inches) in the primary lagoon. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 11: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000 On February 6, 2010, a lagoon level was documented at 14 inches of freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwaterauality.org 943 Washington Square Mall Phone: 252-946-6481 Washington. NC 27889 FAX 252-946-9215 An Equal OpporlunitylAffirmative Action Empbyer— 50% Recycled/10% Post Consumer Paper NorthCarolina Aawally Cont. Page Two February 16, 2010 Tidewater Research Swine Farm Required Corrective Action for Deficiency 1: Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above violations on or before March 6, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter indicating that freeboard is at a compliant level. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or me at (252)948-3939. Sincerely, too,aa� David May Regional Aquifer Protection Supervisor Washington Regional Office cc: Keith Larick CAFO Unit Washington County Soil and Water Conservation District NCDSWC-WaRO WRO Compliance Animal Files ��,l,/ds Files IiA -A ENR - CERTIFIED MAIL RETURN RECEIPT REQUESTED LAMES B. -[LINT JR GOVERNOR:.. - December 29, 2000 g1LL'HOL MAN - Mr- John Smith SECRETARY Tidewater Research Station 207 Research Station Road Plymouth, North Carolina 27962 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES EER T STEVENS DIRECTOR RE: Notice of Violation (994-24) D_ Animal Operation Compliance Inspection Facility # 94-21 & 94-24 Washington County DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE Dear Mr. Smith: This letter is to notify you that facility # 94-24 is in violation of its General Permit and North Carolina General Statute 143-215.1(a)(1) for exceeding the Plant Available Nitrogen (PAN) by 50 % on a portion of the winter annual crop. Please note that facility 494-21 was found to be compliant with its Certified Animal Waste Management Plan, On May 12, 2000, Lyn Hardison from the Washington Regional Office of the Division of Water Quality conducted Animal Feedlot Operation Site Inspections at both of the NCDA facilities in Washington County. Copy of the inspection reports are attached for your review. In general, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with - requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the _ Certified Animal Waste Management Plan; {;}the farm operation's waste management system is being operated properly under the direction of a Certified - Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiency was noted during the inspection. The winter annual crop in J1 & J3 received an excess of 50 % of the allowed PAN, which is a violation of the General Permit condition 11, item # 4, which states land application rates shall not exceed the Plant Available Nitrogen (PAN) rates for the receiving crop. He acw-ae / Y 943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889 PHONE 252-946-6481 FAX 252-946-9215 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYC4EO/10% POST -CONSUMER PAPER Page Two NCDA 94-24 Washington County It is very important as the owner and/or the Operator in Charge that this aforementioned deficiency and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Please provide this office with an explanation of the violation along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (14) working days from receipt of this Notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation -will be forwarded to the Director with the enforcement package for his consideration. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-94£-6481, ext. 214 or Lyn Hardison at ext. 318. Sincerely, m Mulligan Water Quality Regional Supervisor Cc: Washington County Soil and Water Conservation District Washington County Health Department NCDSWC-WaRO Non -Compliance Group WQ Central Files WaRO Animal Files LBH Files . . i bu.-Biob of W&ter Quality D! -h ion. .of Sod and Water Conservation �. Other Agency - - Type of Visit @) Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit .O Routine O Complaint O Follow up O Emergency [notification O Other ❑ Denied Access 0 Facility Number 94 _ } W� _ Datc of Visit: 5-12-21100 Titre: 1500 Printed on: 1228/2000 Q lhot Operational Q Below Threshold iM. Permitted E' Certified O Conditionally Certded DRegistered Date Last Operated or Above Threshold : ............ Farm Name: Tid€ev9ater.Research.Stadom...................................... ............................. County: R?flslhiUtttan,,................................... :V4'&R ...... Or,mer Name :................... ..... WDIA..............................I.......................... Phone No: 2 2:.79 4X3...,.................................- ............ ....... Facility Contact: ....................................... , Title: ... Phone No: Mailing Address: 2112.A0e.UrCh..SHaitiott.R.iAd........................................................... P ls►lU[tbiY.................................................... 179.62.-..-..... Onsite Itepresentath-e: Fmon.LMIcy Integrator: KCDA_._...._..................... Certified Operator:.......... e.... .Aey............... Ce€tiffcation N€snthcr: 17Q.... Location: of Farm: Five miles east of Plymouth, Hwy. 64, South SR 1119 Approx. 1.5 miles + - --- - - ----- -- ® Swine ❑Poultry ❑Cattle ❑Horse Latitude35• -1 _ '. 60 °� Lon-itude �76 •39_ --54 S Design Current awtne Capacity Population Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ® Farrow to Finish 200 ¢ 200 ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I 1 10 Dairy ❑ Non -Layer t JCI Non -Dairy ❑ Other Total Design Capacity 200 Total SSLW 283,400 Number of Lagoons 1 ® Subsurface Drains Present ❑ Lugtain Areii In Spray Field Area Holding Ponds / Solid Traps 10 No Liquid Waste Management System i �p�;•t'lE��f4 i_� cam' �i$r[•Ic f3i �:R'E`sl:iS:€'ti - - - — - - 1. Is any discharge observed from any part of the operation? ❑Yes ®No Discharge originated at: € � Lagoon ❑ Spray Field ❑ Other i€. If disc harge is obsenecd. was the conveynce Luan-made? ❑Yes 1Z No b. If diseharp-e is observed. did it reach Water of the State? (If r es. uolit� D WQ) [I Yes 0 No e. If discharge is observed- tAhai is the estimated floNi in galhnin7 n/a d. Does discli,ir2c bt-pass i lagoon sr:tenr`l (If j-ks. aotify DWQ) ❑ Yes 1Z No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3, Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? C Yes M: No Waite Collect -on S, '1 matnient 4. Is storage capacity (freeboard phis storm storage) less than adequate? ❑ Spillway G Yes 0 No Sirticairt: I St€ a ur,-, 2 Sinicture 3 Structure 4 Sttncture 5 8(ructure 6 Identifier_ Freeboard(inches) ...............42................. .................................... ....... ,........................... ................................ I ... .................................... ....._........................ ..... S/00 Facility Number: 9a-24 Date of inspection 5-12-2000 Printed on: 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctuns lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload 12. Crop type Coastal Bermuda (Graze) Summer Annual Winter Annual Continued on back y 12/28/2000 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Docttr eats 17. Fail to have Certificate of Coverage & General Permit readily available? 19 Does the facility fail to have all components of the Certified Animal Waste Management Ilan readily available? (ie/ WUP, checklists, design, neaps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certitied operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) 23. Did Reviewerllnspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No ❑ Yes ® No ❑ Yes M No ❑ Yes 19 No ❑ Yes Z No ❑ Yes X No E Yes ❑ No ❑ Yes 19 No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 9 No ❑ Yes 4q No ❑ Yes _0 No ❑ Yes 9 No ❑ Yes 21 No Yes Nc No ❑ Yes J No ❑ Yes 9 No ❑ Yes F1 No ❑ Yes ® No ❑ Yes R No No violations or deficiencies were noted during this visit. You will receive no further �}} correspondence about this visit. Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): Records available for review. � Waste analysis - 7-6-99 = 2.7 lbs; 10-11-99 = 1.4 lbs, 11-8-99 = 1S lbs: 3-24-00 = 2.6 lbs. New waste plan with summer annual = 220 lbs/ac & winter annual = 100 lbs/ac Overapplication on winter annual: fields J 1 = 50 % over. J2 = < 10 %: J3 = 50 % over. You will receive a NOV for overapplication. I Waste samples were pulled early March and irrigation took place afterwards. The results of teh samples was much Niger that the previous j IThe ground are well kept. If you have any questions, contact me (&, 252-946.6481, ext. 318. i Reviewer/inspector Name j % /� I �Jl (.f�L�.(9•� � — f .''�, —mod r Reviewer/inspector Signature: Date: S/pp Facility Number: 94-21 hate of inspection 5-12-2000 Printed on: IMS/2000 rio}• .Bsuek 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below CI Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes I& No 28. Is there anv evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes Z No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes Z No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) Yes Z No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes 2 No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No i 0 Division of Water Quality ® Division of Soil and Water Conservation Other Agency: . .._. .... IType of Visit *Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency -Notification O Other ❑ Denied Access Date Of visit: S-I?rZOOo Time: 15[]0 Pi•intcd an: 1212$12000 Facility Number 94 21 U Not 7-operational Q Below Threshold Permitted Certified ❑ Conditionally Certified ; - �:, Registered Date Last Operated or Above Threshold : ............ Farm Name: ................................... _.............................. Count-: Wasltinataatn;.................................... Aa3RQ OwnerName: ................................................... T i).................._.._._................... Phone No: 251-293A-15............................ .. Facilit.- Contact: _ .............. .......... —."........... .................. Title 'Phone No Mailin(F Address: 2Q2.seArVbt.,CtMa .... __........... PsdtttbN� ........................... z79b2 ........... OnsiteRepreseniathe: fmpjxjUky....................................... _............................ ...... Integrator: DJCD.A1.... ........ Certified Operator:,i[1hn......... .................. ............ S.mukk...... _—...___......... Operator Certification Number: 11,36.Z. Location of Farris: 5 miles east of Plymouth, Hwy. 64, South SR 1119 approx. 1.5 miles. + -_-_____"'__ ❑ Swine ❑Poultry ®Cattle []Horse Latitude 51 `` 60 ;" Longitude i 76 • 39 )° ; 54 Design Current Swine Canacitv Ponnlation ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Poultry Capacity Population ❑ Layer ❑ Non -Layer ❑ Other Design Current Cattle Capacity Population ❑ Dairy ® Nan -Dairy I I 20 L40 Total Design Capacity 120 Total SSLW 96,000 -- Number of Lagoons 1 Subsurface Drains Present JFE1 Lautwn Area s Spray �tetd Are.t Holding Ponds 1 Solid Traps ❑ No Liquid Waste Management System L _ �}'' C€rS k!:'!i lra,t�ai:iS ....�.�.,-_..........A� .��.......,,.....,,.......�..,��,..�.�.�.��.r.��...��.�..._..�.m... I _ Is any discharge observed from any part of the operation? ❑ Yes ® No Di-scharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. IFdisoliarge iN obsen-ed. ua the wnveyance -Ilan-ni-td e? ❑ Yes E9 No b. If t#ik har9e is obsen ed. did it reach Water of the state`? (iryts. uotih twQ) ❑ Yes Z No L. Il• di m-harge is observed- ghat is the estirntated flow in gaVrnin? n/a d. Dues discharge bypa, a lagoon syst-nil (Ifves. notTy DI'Q) f�� Yes No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes[ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 9 No ` a, roc C. one t=or: &- Ttvatment 4_ Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes 9 No Structure 1 Stmeture 2 Structure 3 Sirtionise 4 structure 3 Structure 6 Identifier: Freeboard(inches):...........26."................................ ........—... ...................... ............. ..............................................................,............................................. 5/00 Facility Number: 94-21 Date cat" In,spectio 5-12-2400 Ft•inted on- 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, eta) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (if any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any strictures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type Winter Annual Summer Annual Continued on back L 12/28/2000 ❑ Yes R No ❑ Yes ® No ❑ Yes No ❑ Yes R No ❑ ''es , No ❑ Yes R No ❑ Yes R No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes R No 14. a) Does the facility lack adequate acreage for land application? ❑ Y es R No b) Does the facility need a wettable acre determination? ❑ Yes 19 No c) This facility is pended for a wettable acre determination? ❑ Yes R No 15. Does the receiving crop need improvement? ❑ Yes R No 16. Is there a lack of adequate waste application. equipment? 0 Yes R No Reeluired ;'cC rd's &Dk)�ui3y-W 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18, Dogs the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP. checklists, design, maps, etc.) ❑ Yes ® No 19. Does record keeping need improvement? (ie/ irrigation, freeboard. waste analysis & soil sample reports) CI Yes R No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? F- Yes ®No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes R No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ' No 23. Did Reviewer/Inspector fail to discuss review/inspection with ou-site representative? ❑ Yes Z No 24. Does facility require a follow-up visit by same agency? ❑ Yes ® No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yesi No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. I Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ' Records available for review. Waste analysis - 7-6-99 = 0.45: 3-24-00 = 0.51lbs. 1 Hasn't been a need to irrigate kept for 2 tunes. Cattle are onsite mainly bct%veen October to June. Continue managing the farm as you have. If you have any questions, contact me (d. 252-946-6481, ext. 318 Reviewer/Inspector Name LReviewer(Inspector Signature: Date_ 5100 Facility Number: 94-24 Date of Inspection 5-12-2000 Pr3: ted on: 12/28/2000 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below 0 Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation. asphalt_ 7— Yes F9 No roads, building shucture, and/or public property) 29. Is the land application spray system intake not Iocated near the liquid surface of the lagoon? ID Yes 01 No 30. Were any major maintenance problems Frith the ventilation fau(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes 0 No 31. Do the animals feed storage bins fail to have appropriate cover? Yes F No 3 2. Do the flush tanks Iack a submerged fill pipe or a permanent/temporary cover? 0 Yes 0 No North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E. Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION June 14, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7011 0110 0000 9947 6046 Tidewater Research Station, NCDA 207 Research Station Road Plymouth, North Carolina 27962 RE: Notice of Violation Cattle Unit, Facility Number 94-21 Permit NO. AWC940021 Washington County NOV# NOV-2012-PC-0206 Dear Tidewater Research Station: On June 4, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) conducted a routine compliance inspection of the cattle unit at Tidewater Research Station. The onsite visit documented a failure to complete an annual sludge survey for 2011. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Cattle Waste System General Permit No. AWG100000 that you are covered to operate under. Specific violations areas follows - Violation 1: Failure to conduct a survey of the sludge accumulation in all lagoons every year for this facility in accordance with Condition III. 19. of Cattle Waste System General Permit No. AWG100000. North Carolina Division of Water Quality Internet www.ncwatercouality orq 943 Washington Square Mall Phone 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Empbyer— 50% Recycled114% Post Consumer Paper Nor thCarolina Naturally Page 2 Cattle Unit June 6, 2012 Required Corrective action for Violation 1: Take all action necessary to conduct a sludge survey (yearly) and report on forms provided or approved by the Division of Water Quality. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S.143-215.6A. If you have any questions concerning this Notice, please contact Marlene Salyer at 252-948-3846 or me at 252-948-3939. Sincerely, 011u,� David May Regional Supervisor Washington Regional Office CC" Keith Larick CAFO Unit Washington SWCD DSWC - WaRo MDS files 1 4 NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 2250 0000 9252 2814 NCDA&Cs Tidewater Research Station 2 207 Research Station Road Plymouth, North Carolina 27962 Coleen H, Sullins Director February 16, 2010 Subject: NOTICE OF DEFICIENCY Tidewater Swine #94-21 AWS940024 Washington County NOD-2009-PC- 0184 Dear NCDA&Cs: Natural Resources Dee Freeman Secretary On February 6, 2010 during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), Mr. Terry Armstong reported a high freeboard level (14 inches) in the primary lagoon. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000 On February 6, 2010, a lagoon level was documented at 14 inches of freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwatergualitv.ora 943 Washington Square Mall Phone. 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Past Consumer Paper None rthCarolina naturally Cont. Page Two February 16, 2010 Tidewater Research Swine Farm Required Corrective Action for Deficiency 1: Submit a 30 Day Plan of Action (POA) to DWQ within 2 days of the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above violations on or before March 6, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter indicating that freeboard is at a compliant level. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or me at (252)948-3939. Sincerely, David May Regional Aquifer Protection Supervisor Washington Regional Office cc: Keith Larick CAFO Unit Washington County Soil and Water Conservation District NCPSWC-WaRO W RO Compliance Animal Files mds Files r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE KERR T. STEVENS,_�. DIRECTOR RE: Notice of Violation (#94-24) Animal Operation Compliance Inspection Facility 4-94-2I- & 94-24 Washington County Dear Mr. Smith: This letter is to notify you that facility # 94-24 is in violation of its General Permit and North Carolina General Statute 143-215.1(a)(1) for exceeding the Plant Available Nitrogen (PAN) by 50 % on a portion of the winter annual crop. Please note that facility 994-21 was found to be compliant with its Certified Animal Waste Management Plan. On May 12, 2000, Lyn Hardison from the Washington Regional Office of the Division of Water Quality conducted Animal Feedlot Operation Site Inspections at both of the NCDA facilities in Washington County. Copy of the inspection reports are attached for your review. In general, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP), (2)the farm is complying with - requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept- (5) there are no signs of seepage, erosion, and/or runoff The following deficiency was noted during the inspection. - - _ The winter annual crop in Jl & J3 received an excess of 50 % of the allowed PAN, which is a violation of the General Permit condition II, item # 4, which states land application rates shall not exceed the Plant - Available Nitrogen (PAN) rates for the receiving crop. 943 WASHINGTON SQUARE MALL, WASHfNMTON. NORTH CAROLI'® PHONE 252-946-64a1 FAX 252-946-9215 AN EQUAL OPPORTUNITY / AFFIRMATLvE ACTION EMPLOYER - SD% RECYCLED/10% POST -CONSUMER PAPER Page Two NCDA 94-24 Washington County It is very important as the owner and/or the Operator in Charge that this aforementioned deficiency and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Please provide this office with an explanation of the violation along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (10) working days from receipt of this Notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-946-6491, ext. 214 or Lyn Hardison at ext. 318. Sincerely, m Mulligan Water Quality Regional Supervisor Cc: Washington County Soil and Water Conservation District Washington County Health Department NCDSWC-WaRO Non -Compliance Group WQ Central Files WaRO Animal Files LBH Files 4 lirision' a of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation for Visit *Routine O Complaint O Eoliow up O Emergency Notification O Other 0 Denied Access - °�-•Datc ci'Visit- 5-12-2000 Time: I500 Printed on: 122$f2000 Facility Number 94 24 Q Not operational Q Below Threshold I Permitted MCertified OConditilonalkyCertified Q Registered Date 1.1ast Operated or Above Threshold . ............ .Farm Name: ........................................................•----..... County: WaShlno=........... I ........... ............. WAR ........ Owner Nance:......... . _ ..w......» . » T �.»».... .._.............---•----------...... Phone No: ?,��:793_4 18.............................................----........ Facility Contact: Title: Phone No: Mailing Address: 2.Q2.RgfiMArCh..5jatjM. t0ad.................... .............. ..... _............... F1xmomtb N.C................................................ ........ 2.7.9.61............ Clnsite Representative: EmoIL14lN.g ......... Integrator- N.CDA Certified Operator: W.fllUAnl_-.............. .... wit~y.................... ............ .... ... Operator C e.rtirt_cation Number: 11,35Q............ ......... -....... Location of Farm: Eve miles east of Plymouth, Hwy. 64, South SR 1119 Approx. 1.5 miles A� i iT i ®Swine ❑ Poultry ❑ Cattle ❑ Horse l..ntitudc _ 3S ° S1_� : 60 E nngitude 76 `39 54 Design Current Design Current Design Current i Swine Capacity Population Poultry Capacity Population Cattle Capacity Population r ❑ Wean to Feeder ❑ Laver ❑ Dairy ❑ Feeder to Finish 10 Non -Layer 10 Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder 10 Other I I E 0 F'+a�rr�ow to Finish 200 < 200 Tota! Design Capaci€y 200 Total SSLW 2$3,400 ❑Boars j Number of Lagoons L 1 IN Sub -surface Drains Present jLJ Lugpon Area IN Spray Field Area Holding Ponds f Solid Traps 0 No Liquid Waste Management System 1. Is any discharge observed from any part of the operation? ❑ Yes E�] No Discharge on givatW at: ❑ Lagoon ❑ Spray Field ❑ Other a. ll'disaharge is oh -served. was the conveyam;e matt-uiadic? ❑ Yes ® No b. 11 dltiebarac is obsorved. did it reach Water of the State? (If yes. notit!r DWQ) c. If discharge is obsen-ed_ ghat is the estimawd floe in �aU�nist'' d. Does disc:hccroe bypa_,s a lagoon rstenV (1fy :;. notify 1]Vi Q) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? El Yes 9 No n/a [1 Yes 9 No ❑ Yes ff-5 No El Yes 5—<!, No 4. Is storage capacity (freeboard phis storm storage) less than adequate? ❑ Spillway © Yes 9 No Struclure I Structure 2 Structure; Stnicnirc 4 Sinie care S(ructurc 6 identifier -- Freeboard (incites? .........,17."................ 5100 Facility Number: Bate of inspection 5-12-2000 Printed ow 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DW Q) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required mx mum and minimum liquid level elevation markings? 'd:12 5�: ,`arE;iill':kTlf•?a 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload Continued on hack 12/28/2000 ❑ Yes ® No ❑ Yes ® No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes ® No n Yes ❑ No 12. Crop type Coastal Bermuda (Graze) Summer Annual Winter Annual 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 11]. No 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? l3ec::13 , .lxz?e :erne :ts 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste N tanagcment Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/iuspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. ❑ Yes ❑ No n Yes ❑ No 0 Yes ❑ No Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): Records available for review. Waste analysis - 7-6-99 = 2.7 lbs; 10-11-99 = 1.4 lbs; 11-8-99 = 1.5 lbs. 3-24-00 = 2.6 lbs. New waste plan with summer annual = 220 lbs/ac & winter annual= 100 lbs/ac Overapplication on winter annual: fields J 1 = 50 % over; J2 = < 10 %; J3 = 50 % over ❑ Yes 9 No ❑ Yes N No ❑ Yes ED No ❑ Yes ® No ❑ Yes N No ❑ Yes ® No ❑ Yes N No ❑ Yes N No ❑ Yes Efl No ❑ Yes N No ❑ Yes N No You will receive a NOV for overapplication. l r. Waste samples were pulled early March and irrigation took place afterwards. The results of teh samples was much higer that the previous i sample. The ground are well kept. If you have any questions, contact me lcu 252-946-6481, ext. 318. Reviewerflnspector Name ReAewerflnspector Signature: Date: 5100 �acility Number: 94-21 k Dale of inspection 5-12-2000 Printed on- 12/28/2000 Odor issue., 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below El Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ZINo roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts. missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No �� Dig isian of:ater Quaiiia r „ t 0 Dnision of Sail.. and Water Conservation � 0 Other Agency Type of Visit Sp Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Foliow up 0 Emergency Notification O Other ❑ Denied Access Date of Visit: �1�Z000 Time: 1SOQ Printed on: 12/282000 Facititr- Number 94 21 a Q Not Operational 0 Belovy Threshold 13 Permitted 0 Certified —1 Conditionally Certdieci MI Registcrcd ]pate Last Operated or Above "Threshold: ........... .............. Farm Name: Tixlewa1er.Rrse rch,StatW&...... ,Aunty; W__ashlugtatt..................................... W?aRQ........ Owner Naine:......... .......................................... NGRA........................... .. Phone No: 2,5Z-:.7.t3.4jj$..---------.....-----.----- Facility Contact: Title: ... Phone Not Mailing Address: 2-Q7.Besestxrh.- xo BMW_... .. _._ ......... .... Pb'jnoutb_NYC................................................... 7.7.9.f2_...-....._.. Onsite Represent atiti e, p& hitciZrator: XCDA►.- Certifies! Operator: ,�Q11II._ ...... .._.... .... ....... ......... Operator Certificat-lan Number:.12,36.7.............................. Location of Farm: 5 miles east of Plymouth, Hwy. 64, South SR 1119 approx. 1.5 miles. ' A, ©Swine ❑ Poultry ®Cattle ❑ Horse Latitude L35�• i S1T 's 60 " Longitude 54 Design Current She Canacito Population ❑ wean to Feeder ❑ Feeder to Finish ❑ Farrow to wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry CaPaCKY Po uiation Cattle Capacity Population ❑ Layer 1 10 Dairy ❑ Non -Layer ® Non -Dairy 1 120 140 F Total Design Capacity 120 Total SSLW 96,000 Number of Lagoons y X ® Subsurface Drains Present ❑ Lagoon Area K Spray Field Area Holding Ponds I Solid Traps ❑ No Liquid Waste Management System 1- Is any discharge observed from any part of the operation? Discbarge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. I t- dischargv iti obsen-ed_ x, as the coayey ui'.:e man-niade? b- If discharge is obsen•:d. did ii reach Water of the State? (if ves, notif-v DwQ) c. 11-discharge is observed_ ►drat is the estimated flow in L min, d. Does diw harge bypass a lagoon,ti-stc°ru? (If ye,. notify DIA'Q) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? WrwfeC-0-Fct:or&-" ne-'Iruent El Yes 9 No ❑ Yes :; No Yes it No n/a G Yes Z No Ci. Yes EZ No r Yes E45 No 4. Is storage capacity (freeboard pins storm storage) less than adequate? C1 Spillway C Yes y' No Structure 1 Structure 2 Structure 3 Structure; g Structure ? Stntchire 6 ldenWier:....... ... ........... ....—.... .................... .............. ................................. ............ ......................... .................................................. ..-............... Frr-cboard (hwhe.,):..............26..".'..,........................................... 5100 Facility Number: 94-21 Date of Inspection 5-12-2000 Printed on: 5. Are there any immediate threats to the integrity of any of the structures observed? (le/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/unprovement? Continued on back 12/28/2000 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minirnm liquid level elevation markings? ;�ras:e A to°sr,&kn 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type Winter Annual Summer Annual 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Managoment Plan readily available? (ie/ WL1P, checklists, design, reaps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20, is facility not in compliance with any applicable sctback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application) 23. Did Reviewer5mpector fail to discuss reviewlinspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ® No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. ❑ Yes No i ❑ Yes ® No ❑ Yes No ❑ Yes No ❑ Yes ® No ❑ Yes �g No ❑ Yes 9 No Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): Records available for review. Waste analysis - 7-6-99 = 0.45..3-24-00 = 0.5 ilbs_ Hasn't been a need to irrigate except for 2 times. Cattle are onsite mainly between October to June. Continue managing the farm as you have. If you have any questions, contact me 0. 252-946-6481, ext. 318 ❑ Yes 9 No ❑ Yes 19x No ❑ Yes 9 No ❑ Yes 2 No ❑ Yes 0 No ❑ Yes 9 No ❑ Yes ❑ No ❑ Yes 0 No [I Yes FRI No ❑ Yes fQ No ❑ Yes CJ No ❑ Yes i� No ❑ Yes nR No ❑ Yes F-5Z] No ❑ Yes J No Reviewerflnspector Name ReviewerfInspector Signature: Date: 5/00 Facility Nuimber: 94-24 Date OFIB."Pection 5-I2-2000 PTingtefl un: 12/28/2000 for Issues; 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes N No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? L j Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes N No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes N No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? [:]Yes ❑ No i 1f� James A. Graham Commissioner January 12, 2001 Pepartn nI rrf Agr'rrulturr axub (11uusun-wr ;Serb rirr_g �R�arc4 �Wiam Pi&isilxn Mr. Jim Mulligan ' Water Quality Regional Supervisor Division of Water QualityRegional Office 943 Washington Square Mall Washington, North Carolina 27889 RE: Notice of Violation (#94-24) Animal Operation Compliance Inspection Facility # 94-21 & 24 Washington County Dear Mr. Mulligan, This letter is in response to your letter of 12-29-2000, reference above. Carl V. Tart, Jr. Director 0 � Gr? M 0 V1 T JAN 16 2001 After reviewing with Rufus Croom, Washington County NRCS Technical Specialist and Teron Sloan, Livestock Unit Manager, Tidewater Research Station, it was concluded that the violation cited in your letter was due to record kee in ,rot over aooiication. d Based on our field identification used by Eason Lilley, our CWO, one could easily conclude that over application did exist. Lyn Hardison cited violations in both field J1 and J3. The fact was that if over application occurred, that it only occurred in Field J1. The application recorded was in sub -field J-1-3, which was recorded as J3. Field J1 receives multiple settings in order to apply swine waste and has field sub -divisions. How then do we plan to prevent this occurring in the future? Fields J1 and J2 which uses the solid set system and has to be irrigated at separate times will be numbered and sub -divided such that each irrigation set is easily identified as will be each pumping. Enclosed is a copy of our system layout for Fields J1 and J2 and the new numbering system to be used for identifying and recording pumping. John W. Smith, Superintendent Tidewater Research Station 207 Research Station Road, Plymouth, North Carolina 27962 0W (252) 793-4118 • FAX (252) 793-5968 1 • An Equal Opportunity Affirmative Action Employer M Page 2, January 12, 2001 I trust this will suffice for our explanation of what happened and how we plan to prevent future such occurrences. if I can be of further assistance in this matter, please call me at 252-793-4118. Sincerely, .smith Superintendent Enclosure (2) CC: Lyn B. Hardison Carl V. Tart, Director, Division of Research Stations Jeff Anderson, Division Engineer Rufus Croom, Washington Co. NRCS Technical Specialist Teron Sloan, Unit Manager Eason Lilley, Livestock Technician /I DEyj#-16-e AIcSEAZ9 V?K7on1- SWD SPi 5�/SIFM - 159al-rTY 94-2* � 41) J-2- Sub-KJuMbegs- �-F D rr, /- / r- 20c7 ( woes FAI rs r3 12, II /10 1 ® 1 3 z 1 CS?4 x x x JK x X x X x X x X X x 80 WoMS , Cr2cle spr�Nklt�.s. 2, �C�N�sa �d 3, excrpt evd Spe-imVee.s� lee (/ e sprruA< ,*S. 3 Sus4eM pump &jgbfts rZ5pr,'t-k1ees. rr/16T /D SCIQLE'J 5R21 uK CERS — '2o' ,x So ' X FULL CI RCL K� �rrNkler�s SPal� L vlVJ5 / AIAAF Z /- /ram LAW ( // DEtA) 1—ne OFSFA&'N 0770#V - SwD 5Pi 2IsrfM - M0 -1 iY 94-2* ub- Nu�bevzs-- � , r D r- -:F5 17- 7 5 -3 2- ! x x x A x x x x x x x x x x X x X ti! V 0.0 V Vr (2. ® a 'V„I V9]D /y'o X BULL r Cl RGLE �frN��f12 5 /. ��,eI►r,eAe2 r,,,k/�2s ��� /1/6T & SCALE " c.�P(ttu kl �,S C "2cle Spr�+�lk/t�►.s. 5A2i �11C C� RS -o X 8a 2, 4iNr-s A Avd 3, Cxcep+ dud 6priaklees Age - Cis Sprig►/t��eS. �� S(OCPA RUMP ---UDID(&S I2-5Py';Flklee5, 5c*-* CERTIFIED MAIL RETURN RECEIPT REQUESTED NCDA 207 RESEARCH STATfoN ROAD PLymouTH NC 27962 Dear NCDA: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources RECE VED NOV 13 2002 [!UT T 6 Alan W. Klimek, P.E. Director Division of Water Quality November 7, 2002 Subject: Notice of Violation and Revocation for Nonpayment Tidewater Research Station Permit Number: AWC940021 Washington County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 8/31/2001. Your annual permit fee for the period of 8/31/2002 - 8/30/2003 is $50.00. Your payment was due 10/I2/2002. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, I i wm-Alan k Klimek, R.E. cc: Non -Discharge Branch Compliance/Enforcement Unit Washington Regional Office Washington County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper