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HomeMy WebLinkAbout820102_ENFORCEMENT_20171231December 1, 2006 CERTIFIED MAIL RETURN RECEIPT REOUESTED Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality James B. Best RECE�U�� Jimmy Best Farm 4230 Church Rd Clinton, NC 29328 DEC 06 20 Subject: Application for Renewal of Coverage for Expiring NPDES General Permit 00-FAYETOW FOMAI-' Dear Permittee: Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State Non -Discharge General Permits are available at http:/lh2o.enr.state.nc.uslaps/afou/downloads.htm or by writing or calling: NCDENR - DW Q Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under one of these two es of general permits, you must submit an application for permit coverage to the Division. Enclosed you will find.a `Request for Certificate of Coverage Facility Currently Covered by an Expiring NPDES General Permit.' The a lication form must be completed and returned by January 2 2007. Please noteyou must include two (2) copies of your most recent Waste Utilization Plan with the application form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, Ted L. Bush, Jr., Chief Aquifer Protection Section Enclosures cc (w/o enclosures): Sampson County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files - 820102 Premium Standard Farms Of North Carolina Inc Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27599-1636 Internet: www.ncwaterattalio.oM Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Aclion Employer- 50% Recydedl1 o°,6 Post Consumer Paper Telephone: Fax 1: Fax 2: Customer Service: No Carolina (919) ✓!'aturaAll (919) 715-0588 (919) 715-6048 (877)623-6748 ' S O�Q� WATFRQ Michael F. Easley, Governor G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED James Best 4230 Church Road Clinton, NC 28328 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Jimmy Best Farm NPDES Permit No.NCA282102 Sampson County Dear James Best: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition I1I.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center lntemet www.ncwaterqualitv.oLocation: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Resyded110% Post Consumer Paper !vo Carolina Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 James Best Page 2 April 25, 2006 enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, Stephen . Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 82-102 APS Central Files Premium Standard Farms Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District �OF W A TF9Q Michael F. Easley, Governor William G_ Ross Jr., Secretary North Carolina Depardnent of Environment and Natural Resources xa� - 0 Alan W. Klimek, P.E. Director Division of Water Quality April 28, 2005 RECEIVED CERTIFIED MAIL MAY 4 - 2005 RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 6549 IDE"iR--F'YEM'ILLERECIONALOFilCE Danna Westerbeek Jimmy Best Farm Ramman Environmental, LLC PO Box 115 Kenansville, NC 28349 RE: Sludge Survey Testing Dates Facility # 82-102 Sampson County Dear Danna Westerbeek/Jimmy Best: The Division of Water Quality (DWQ) received your sludge survey information on April 21, 2005. With your survey results, you requested an extension of the sludge survey requirement for the lagoon at the Jimmy Best Farm. Due to the amount of treatment volume available, DWQ agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: File# 82-102 Larry Baxley, Fayetteville Regional Office t Carolina &ra!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper F \N A rF 9Q Michael F. Easley, Governor William G. Ross Jr., Secretary t~ North Carolina Department of Environment and Natural Resources p Y Alan W. Klimek, P.E. Director Division of Water Quality April 3, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED James B. Best 4230 Church Rd. Clinton, NC 28328 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Jimmy Best Farm NPDES Permit No. NCA282102 Sampson County Dear Mr. Best: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-21 S.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition III.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form (and sludge report, if due) for the year 2006 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by April 20 to the following address: N� Carolina Naturally Aquifer Protection Section 1636 Mail Service Center Internet: www.neNaterguality.org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 April 3, 2007 Page 2 Mr. Best Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-I636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. Please note that, if you recently requested future coverage under the State Swine Waste Management System General Permit or have already received coverage under the State Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual Certification Report is still required. -If you have any questions regarding this letter, please do not hesitate to contact either Joan Schneier at the Fayetteville Regional Office at (910) 433-3333 or Miressa D. Garoma at (919) 715-6937. Sincerely, Art arnh dt Aqui Pr tection Supervisor Fayettevi e Regional Office cc: Facility File Sampson-82-102 APS Central Files Premium Standard Farms of NC, Inc. Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District Wettable Acres Determination Certification Name of Facility: Jimmy Best Farm Facility Number: 82-102 Owner(s) Name: Jimmy Best Phone No: 910 567 6106 Mailing Address: 4230 Church Rd. Clinton, NC 28328 By signing this form, the facility owner and Technical Specialist acknowledge the completion of the Wettable Acres Determination. All necessary Wettable Acre Determination Field Data Sheets and calculations were completed to conduct a Wettable Acre Determination. The facility's Waste Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all worksheets, calculations, and other Wettable Acres Determination documents, along with the applicable Waste Utilization Plan and Wettable Acre Determination Certification will be fled with the local Soil and Water Conservation District. A copy will also be kept on site with the Certified Animal Waste Management Plan. Any future modifications must be approved by a technical specialist and filed with the Soil and Water Conservation District prior to implementation. If any modifications to the existing irrigation system or any new irrigation equipment was required to adequately address the waste management needs of this facility, an Irrigation Specialist or Professional Engineer has certified the design and installation below. Owner Name: Jimmy Best Owner Signature: Date: Technical Specialist Name: Technical Specialist Signature: Date: If assisted be an Irrigation Specialist or Professional Engineer please read and sign below: Animal waste application equipment has been designed or modified to apply waste as necessary to accommodate the waste management plan and according to NRCS Standards. Animal waste application equipment has been installed according to NRCS Standards and is ready for use. Irrigation Specialist / PE Name: Irrigation Specialist 1 PE Signature: Submit this form to: Attn: Sonya Avant Non -Discharge Compliance Unit Division of Water Quality 1617 Mail Service Center RalPiah. NC 276gA-1617 1 /612003 WADC - 7/99 Sheet1 IRRIGATION SYSTEM DESIGN PARAMETERS Landowner/Operator Name: Jimmy Best Farm Address: 4230 Church Rd. Clinton, NC 28328 Telephone: (910) 567 5106 Table 1 - Field Specifications Approximate Maximum Useable Size Field of Field Number (acres) Soil Type Slope % Maximum Application Rate Crop(s) (In/hr) County: Sampson Date: 1 /612003 Maximum Application per Irrigation Cycle (inches) Comments r- Sheet3 TABLE 3 - Solid Set Irrigation Gun Settings Make, Model and Type of Equipment Senninger 7025(full throws) ; Senninger 7525(314 throws) Uperating Parameters Wetted Hydrant Spacing(ft) Application Nozzle Operating Operating Number of Diameter Along Between Rate Diameter Pressure Time Zone No. Hvdrants (feet) Pioelines Pipelines (inlhr) (inches) at Gun(psi) at Hvdrant(hr.) Comments -Acres per zone Sheet4 TABLE 4 - Irrigation System Specifications Traveling Solid Set Irrigation Gun Irrigation Flow Rate of Sprinkler m 13.4 Operating Pressure at PuTp Jpsil73.8 Design Precipitation Rate inlhr 0.21 Hose Length_(feetl xxxxxx OC Type of Speed Com ensation xxxxXXXX Pump Type PTO, Engine, Electric Electric Pump Power Requirement h 22.3 TABLE 5 - Thrust Block Specifications 4" i in see calcu THRUST BLOCK LOCATION AREA (sq. ft. 90 degree bend 2.59 Dead End 1.83 Tee 1.28 Gate Valve 1.83 45 degree bend 1.39 lations) Page 1 Sheets IRRIGATION SYSTEM DESIGNER Name: Kraig Westerbeek Company: Private Address: 1635 W. Wards Bridge Rd. Warsaw, NC 28398 Phone: (910) 293 5330 Required Documentation The following details of design and materials must accompany all irrigation designs: 1. A scale drawing of the proposed Irrigation system which includes hydrant locations, pipelines, thrust block locations and buffer areas where applicable. 2. Assumptions and computations for determining total dynamic head and horsepower requirements. 3. Computations used to determine all mainline and lateral pipe sizes. 4. Sources and/or calculations used for determining application rates. 5. Computations used to determine the size of thrust blocks and Illustrations of all thrust block configurations required in the system 6. Manufacturers specifications for the irrigation pump, traveler and sprihklerks}. 7. Manufacturer's specifications for the irrigation pipe and/or USDA-NRCS standard for IRRIGATION WATER CONVEYANCE. 8. The Information required by this form are the minimum requirements. It is the responsibility of the designer to consider all re address them as appropriate. 9. Irrigation pipes should not be installed in lagoon or storage pond embankments without the approval of the designer. NOTE: A buffer strip of 25' or wider must be maintained between the limits of the irrigation system and all perennial streams and surface waters per NC Statutes. Sheet6 Narrative of Irrigation System Operation This system is designed for use on existing sprayfleld utilizing a'zoned, solid set system. There are five zones in this system, each with a varying number of sprinklers. In addition, the system is powered by an electric moter. Due to the fact that electric motors are not variable speed, the flowrate and pressure supplied to each zone will be slightly different. For this reason, the producer should calibrate each zone of this system individually to determine the exact flowrate of the zones as installed. The acres shown are based on a wetted diameter of 134'. The diameters of the sprinklers used does not vary much based on pressure, but should be checked also when calibrated. This system uses quick connect couplers to attach sprinklers. The ball valves in these should be checked during application events to insure that they are not leaking due to trash or damage. It is recommended that the zones not in use be valved off and remain unpressurrized during operation. There are a number of 314 throw spinklers used in this design. When operating these sprinklers within a zone, they should be operated only 75% of the time of the full throw sprinklers. Example, if the zone is to run 2 hours, the part throw sprinklers should be removed after 1.5 hours to insure even application. Sheet? CALCULATIONS S rinkler Specifications Sprinkler Type: Senninger 7025 Nozzle Size: 1/4 inches Sprinkler Pressure: 55 psi Flowrate(GPM): 13.4 gpm Wetted Diameter: 134 feet Sprinkler Spacings Desired Spacing (%): 60 %----------_..----.,.z.--.--...._ *PVC irrigation pipe normally comes in 20' ieces, Design Spacin feet): 80.4 so round to the nearest multiple of 20. Actual Spacing (feet): 77.5 feet *82'x73' spacin Actual Spacing % : 58 % Application Rate Application Rate = 96.3xFlowrate)/sprinkler spacing squared Des' n App. Rate = 0.21 in/hr Run Time er Set Run time per set = Desired application / Design application rate = hours Desired app, in. = 0.5 inches Run time per set = 2.33 hours Mainline Velocity Velocity = .408 x Flowrate / pipe diameter squared feettsec.** **For buried pipelines, velo ity should be below 5 feet per second Pipe size: 6 inches # Sprinklers O er.: 29 **Zone 1 Veloc4p 4.40 ff/sec. *Max. entrance velocity Maximum Lateral Line Entrance Veloci Pipe size: 4 inches # S rinklers O er.: 16 *Zone1 Veloci = 5.4672 ft/sec. Page 1 Sheet? Maximum Mainline Friction Loss f Zone Used: 5 -- ! --- Total distance: 2000 feet Friction Loss is figured using HaxenlWilliam's E uation Friction Loss= 0.99 feet/100 feet Max. Mainline Loss = 19.8 feet or 8.6 psi Maximum Lateral Line Loss Lateral line friction loss is determined using the assumption that 314 of the Friction Loss occurs in the first 113 of the lateral line +— Total Lateral Length- 1000 feet # sprinklers on Lat.: 16 _ Frict. Loss at 113 lat. 7.89 feet Max. Lateral Loss: 10.521 feet or 4.56 psi Total D namic Head Sprinkler Pressure: 55 psi Lateral Line Loss: 4.56 psi Elevation head: 0 psi Mainline loss: 8.6 psi Suction head and lift: 2.2 psi 5% fitting loss: 3.5 psi TOTAL(TDH = 73.8 psi or 170.6 feet - Horsepower Re uired Horsepower = Flowrate x TDH(feet)139601 Pump effecienc Pump Description: Berkeley B3ZPL Pump Efficiency: 75 % Horsepower Req'd: 22.3 Hp Page 2 Sheet? Thrust Blockin Thrust Block Area = Thrust 1 Soil Bearing Strength Thrust: 2200 feet Soil Bearing Strength: 1200 feet 4" Piping 6" Piping End Cap: 1.8 ft2 3.5 90 de ree elbow: 2.6 ft2 4.9 Tee: 1.3 ft2 2.5- 45 de ree elbow: 1.4 ft2 2.7 I Pipe Pressure Rating Check Pressure Rating of Pipe to be Used: 160 psi Max. Pressure on system when running: 73.8 psi 70% of Pressure Ratin : 112 psi If Max. Pressure on system is less than 70% of Pressure Rating, OK Net Positive Suction Head Check NPSHA: 20 NPSHR: 16 'from pump curve If NPSHA>NPSHR, OK Page 3 Sheet8 Acreage Calculations Zone # No. Ext Acres No. Int. Acres No.Sin . Acres No.3/4 Acres Total 1 19 0.193 3 0.140 7 0.208 0 0.145 5.543 2 16 0.193 4 0.1401 5 0.208 2 _ 0.145 4.978 3 3 0.193 18 0.140 0 0.208 11 0.145 4.694 4 14 0.193 1810,1401 1 0.208 0 0.145 5.43 5 9 0.193 25 0.1401 0 0.208 0 0.145 5.237 25.88 Page 1 THY 'fit • Flow rates: 8.11 to 39.1 gpm (0.52 to 2.5 US) `77 Cq r,P. M-ffim�� -A, -C Mml. t� R 'Y 03i24,03 12:16 FAl 4072935740 SE2NIT\GM IRRIGATION 0 001 DESCRIPTION Senninger Irrigation's part -circle brass sprinkler Is ideal for solid -set and mechanical -move applications. The convenient part -circle adjustability helps match the desired area of Coverage. It is capable of disposing effluent by the lend treatment method in accordance with EPA guiCelines. The 7525 model is designed to provide maximum efficiency at high flow rates. SPECIFICATIONS Sprinkler shall be capable of part circle or 350 degree rotation driven by impact splasharm and spring. It shall be capable of a distribution pattern of (feettmeters) in diameter at a riser height of (feetlmeters) with a sprinider base operating pressure Of (psi /bar) and a discharge rate of (gpm/US), Trajectory shall be 23 degrees. Nozzle size shall be inch (nozzle 4 ). Lower bearing brass thread shall be 1" NPT male. Sprinkler body and splasharm shall be constructed of brass with stainless steel springs, pins and trip collars. Sprinkler shall carry a two-year warranty on materials, workmanship and performance. F-kMrv-Master is a rnystered trademaikofSsnniVarrrrigaw Inc PAIMCIRCLE BRASS 'SPRI N KLER 7525-1-1 " M ADJUSTABLE ROTATION IMPACT SPRINKLER FEATURES • Flow range_ 8.28 to 32.82 gpm (0.53 to 2.10 Us) • Sprinkler base pressure: 35 to 70 psi (2.5 to 5.0 bar) • 23 degree trajectory model: 7325-1-in 1l1 (lower bearing is V NPT male) • cull or pan -circle capabilities • Brass body and splasharm • Stainless steel springs, pins and trip collars • Nozzle sizes from 7/a2' to 5fe" (#14 through 024) (5.6 to 9.5 mm) • Two-year warranty on materials, workmanship and performance Also available in a double-n=le model AVaUnDk' nruvugh iGpding infgnrion dealers. Bawl n er Irtrilp"an Ific. 6416 Old Winter Garden Road Orlando, FL 32256 U.S.A. Phone: (407) 293-5555 . Fax. (407) 293-5740 www, senningar.com 4 e-mail_ info®sanninger.com 03224/03 12:16 F.0 4072935740 SAGER IRRIGATION Z 002 }Jim�-� Tfra PART-CIRCLE BRASS SPRINKLER irerT Sd �] �1r_F 1►� U.& - MOM~ (last) SPRINWA (Poo 35 40 45 So 55 6Q BE 70 BASE PRESSURE 014 NaQde - (71321 Hew (qpm) 8-28 0,05 0.29 9.88 10.4 10.0 11.3 11.7 Diann 31 1.5- hmghl (h) 101 106 l l i 114 117 111) 121 122 Dam. al 8.0' hetgr4 (n) 105 112 317 120 123 12E t27 12e alb Plow W-) Me 11.5 12.2 12.9 115 1a.1 14 7 15.2 Clam. al 1 5. nelpat (k) 104 t to lie 120 t24 120 122 130 Diam. 24 6.0' height (h) t t0 116 122 127 130 133 125 136 NIB N0ul6-(9M*) Flow (yam) 13.3 143 15A 16.2 170 177 105 10.2 Dlam- 111 1.5' na4Gh1 IN 108 114 120 124 125 1 W 131 132 Diam. a11.9 neigh[ (H) 114 120 129 1W t34 138 139 140 NQO 1 GZX(c - (5.161 Flow (gpm) 16.6 177 19.8 198 20.7 21 7 72.5 23.4 Diam. 01 1 S• heighl 011 112 l l e 124 125 131 133 134 IM 001111. at 0.0' height p1} its 124 130 134 138 141 142 142 422 No=la-(11r3r) Flow (gpm) 18.6 21.2 22A 23.7 24.B 25.8 Z7.0 2B.0 D1am, at 1.S hek" 00 116 122 126 131 133 135 136 137 Di2rh. 316.0' height (M 122 128 133 13e 140 142 143 144 MCTMIC - Diameter (rlletars) (bar) 2.9 3.0 3.8 4-0 4.6 3.9 (Psi) X23 4360 BD.75 SA00 65.25 72.50 414 Nozzle - (5.56 MM) (L t) 0.53 0.5e 0.63 0.57 0.71 0.76 0.5 m (en) 31.2 33.4 349 U-0 36.9 37.3 2.0 - (m) 32.8 35.2 36.7 37.2 38.7 33.2 01a MQZdQ -16.35 6") 06) 0.69 0.76 o.ea 0.87 0.93 R38 0.5 rn (m) 322 34A 36.8 38.2 39.3 39.8 2.0 m (m) 34 D 366 38.8 40.2 41.2 41-6 418 Norte- (7.14 mm) PA) 0.87 0.95 103 lAQ 1.16 1.23 Ds m (m) 3a4 3&0 39.0 39,11. 30-0 40.4 2.0 m (1111 33.2 37.9 39.8 41.6 42.4 42.8 M t =Le,-(79a mein) (Us) 1.06 1,16 1.26 1.34 1.42 1.50 0.9 m (m) 34.0 37.2 39.1 90.3 40.0 41,3 2.0 rn (m) ^_Q4 35.1 dig Q.6 43.3 43.7 eZ2 Novi • (0.73 men) AM 1.27 1.39 1 50 1.51 1.70 1-80 0.5 m (m) 3515 18.0 40.0 40.9 41.5 41.9 2 0 m (m) 37.6 40-1 42.2 43-0 43,5 44.0 I 824 Nozzle • (3M-) ,tz4 Nnala - (9.53 4nm) Fkyw (gom) 23.2 24.6 253 77.7 29.1 30,4 31.6 32.9 WS) 1 a9 1.63 1.75 1.[S13 2.00 2.10 Diem. at 1.5' hugllt (h) 119 124 120 132 134 136 137 139 0.5 a1 (M) 39.7 38.5 40.3 412 412 422 Gene, at 6.0' h aghl (h) 12S 130 135 139 141 143 144 145 20 m (m) 38.5 40.7 425 43.3 43.9 44.3 figures rnitea ac-W ll.67 aria atKe~ 1Jr1Rar ideal cfl,ldrliorx7, Stream nigh rs rang! kom FOLD - 12.0 n (3.0 - a7 m) aDove nozzle Oas44d on pressure and narzlle *a SVtwVer periarmarlee tau warp mnduerod t: w-'Ydarcu wm the Arnenmill sandy 0(AgAudrurd( Eigmws standard 9398l and ere represamarive oe prodr ciion at me line a1 publvub& One, haute saes are (volatile; wmu)r IpVcry /or epax t xrram+enae agora, Senrringer Irrigation (407) 293 5555 00-7525PG-9 BERKELEY : ic FA -1 No an m MEN. In& all mHom M U: ln"rlmwn'6.'7-q mum marm �Mx lm MEMENFAMEW, -=tWAUMMI!: _Oijm■oa 0 IIHIR ME Is a ORMWOMEMM BE Sao - low EjEE ME ft=!*�,.EMMIMMO 0 -Raw! Now QV(CK- COLIPLING VALVIr w/ CAP Z" X i" NPr REnucrN(�, BUSHING-4 SGx So --� Z " PVC CO U PL I NC.- SCIY g0— Z ` SCH. go PVC PIPE---/� GROUND Sc(KFACE a" jc (Q "x Zv 4" x, 4 ux V og SCH so Pvc 'u - 3pn PVC LArePAL_ LINE zW- z"K z' TEE. QU(Cr-- COupLI,IG RISEi_ VALVE on each side of the pipe to provide support free from yoids. Care should be taken to avoid deforming, displacing, pr damaging the pipe during this phase of the operation. .4 Final backfill 6.4.1 -General. After pipeline testing, final backfill shall be Placed and spread in approximately uniform layers in such } manna as to fill the trench completely so that there will be no unfilled spaces under or about rocks of lump} of earth in the backfill. Final backfill shall be free of large rocks, frozen clods and other debris greater than 76 tom (3 in.) in diameter. Rolling equipment or heavy tampers should be used to consolidate the final backfill only after the minimum depth of cover has been placed and only with pipe baying lvall tivc�nesses greate ihtul that of WPL-41. ' SEMON 7-SPlrciq>; PQti ;TdEFATIWJ� ` 7.1 Bel( holes for rubber Basket J1n4,. }ylte}s the Pipe ��g in- stalled is proyided with rubber gaske{' joints, bell holes shall be excavated in the bedding material to }flow for the unobstructed assembly of the joint. Care should be taken that the bell stole is nn larger than necessary to accomplish prQper joint aasernbly. Water} the joint has been made, the bell hole shorld be carefully filled with TABLE 11 - THRUST BLOCKING ANI? ANCHORS FOR UNDERGROUND JRRIGATION PIPELINES t. Step 1. Multiply the working pressure py the appropriate Yalu* ra+" showp in the following table to obtain total thrust Ln*N, (lb): f+' , e'o• a. PIPELINE THRUST fACTORS!, I r -_+' joO� asripe Size Dead End 90e -Ae 22-1 le N. N. ��a6 in. or Tee Elbow Elbow Elbow tom 4S. i t r 1-1/2 38.1 2.94 4.16 2.25 1.15 2 50.8 4.56 6.45 3.50 1.78 2-1/2 63.5 6.65 9.40 5.10 2.60 8 76.2 8.80 13.9 7.51 3.82 3-1/2 88.9 1" 18.1 9.81 4-99 4 201.6 16.2 23.0 12.4 6.31 6 127.0 24.7 35.Q 18.9 9.63 6 162.4, 34.8 49..2 26.7 13.6 8 203.2 69:D 83.5 46.2 23.0 10 254.0 91.5 130.0 70.0 35.8 12 304.8 129.0 182-0 98.5 60.8 • Based on thrust pet kPa (psi) pressure t Blocking for cross may not b4 needed tYlth long branch lines. X. Step 2. Determine the Dearing {treag qt p W11 iroln the table below; BEARING STRENGTV OF S01fi.5 1 Soils and Safe Bearing Loads 1b*2 kfa Sound Shale 49 001 478.8 Cemented Gravel and Sand difficult to pick 4 000 191.5 Coarse and fine compact Sand 3 000 143.6 Medium Clay -Can be spaded 2000 95.8 Soft Clay 1 000 47.9 Muck Q 0 Step 3. Divide the total thrust obtained in Stop I by the bearing strength of the &oil to get the area needed, m2 (t42)• SIDE THRUST ALTERNATE PROCEDUAI: pipe Size §ide Thrust -Der t)egree! In. Into lb N 1-1/2 39.1 5.1 22.7 2 60.8 7.9 3 5.1 2-112 63.5 11.6 61.6 3 76.2 17.1 76.1 3-1/2 68.9 22.4 99.6 4 1p1.6 28.3 125.9 5 127.0 43.1 191.7 6 152.4 60.8 270.E 8 203.2 103.0 458.2 10 254.0 160.0 711.7 12 304.8 225.0 1000.8 + Based on side thrust per 689 kPa (100 psi) pressure per degree of denection. NOTE: Multiply dde thrust from table by decrees of deflection times kPa 0?sq divided by 100 1° Obtain total side thrust In N (lb). . i , Figure 2. Anchorage blocks for in -line valves. Table 1 is the forces encountered at end plugs. to calculate forces encountered at bends, tees and ;eyes, multiply the figur-e in Table 1 by the factors given -in-Table 2. Table 1. Thrust W at End Plugs Thrust in ihs. fnr test pressure in psi Pipe Diameter inches 100 PSI 150 PSI 206 PSI 250 PSI li 295 440 590 740 2 455 680 910 1140 2 660 990 132'0 1650 3 985 1480 1970 2460 4 1820 2720 3630 4540 6 3740 5600 7460 9350 8 6490J' 9740 13,00'0 16,200 10 10,650 16,000 21,300 26,600 12 .15,150 22,700 30,200 37,800 14 20,600 30,800 41,100 51,400 16 26,600 39,800 53,100 66,400 Table 2.-Jactors.for Calculating Thrust W for El bows and Tees . El. bows: 900 = 1.41Tees = 0.70 L 60° _ 1.00. 4.50 = 0.76, 300 _ . 0.52 22:5° 0.39 Table 3 gives the safe bearing load for different soil types. Table 3. Safe Bearing Load, Soil Mulch, peat and similar Soft Clay Sand Sand and gravel i Sand and gravel cemented with clay Hard shale lb/ft2 0 1000 0 ZU� 2000 3000 4000 10,000 Thrust block area (ft2) - W -_ Thrust (Table 1 & Table 2) Soil bearing strength (Table 3) In placing concrete thrust blocks, check with the manufacturer of the pipe being used to ensure that the correct size thrust blocks are befog used. There are a number of machines that can be used to prepare the trench for PVC plastic pipe. Soil types, moisture content, depth of trench required and type and diameter of pipe must be considered. Generally chain trenches, wheel trenches,-backhoes, or vibrating plows will be used for trench preparation. The vibrating plow can only be used for solvent weld PVC pipe and generally is limited to the smaller diameter of pipe. Under most conditions the chain -trencher or wheel trencher will be faster than the backhoe. Where wide trenches for large Pipe are required, the backhoe will be most satisfactory. If soil conditions permit, long stretches of open trench will expedite pipe installation. However, if rain is forecast the pipe should be installed and the trench backfilled. To avoid sharp turns in the line at obstructions, trenches should be curved within limits of curvature of the pipe. -7- r " FRICTION LOSS. CHARTS FOR DIAMOND PIPE IPS DIMENSION 1 Inch 8-Inch 10-Inch Q 4-Inch 5-Inch 6- Gallons Per Min. FRICTION HEAD LOSS IN FEET PER HUNDRED FEET i50 1.11 160 1.26 170 1.41 180 1.57 190 1.73 200 1.90 220 2.28 -81 .34 .09 240 2.67 95 .40 .10 .12 260 3.10 1,10 .46 .14 280 3.56 1.26 .54 .1 7 300 4,04 1.43 61. 2 .6.61 .1 320 340 4-56 5.10 1.82 .77 .21 360 5.67 2.02 .86 .24 1 380 6.26 2.22 .95 .26 400 6.90 2-45 1.04 .28 420 2 69 1.14 .31 440 2-92 1.25 .34 460 3.18 1.35 �7 480 3.44 . 1.46 Al 500 3.70 1.58 .43 550 1.89 .52 2.22 .61 600 2.58 .71 650 2:96 .81 700 3.36 .93 750 3.78 1.04 800 4,24 1.17 850 900 Table based on Hazen -Williams 4.71 1.30 950 equation-Cw = 150 5.21 1.44 1000 � 5.73 1.58 1% To find friction bead loss in 1050 PVC pipe having a standard 1.73 1100 dimension ratio other than 21, 1.88 1150 the values in the table should 2.05 1200 be multiplied by the 2.21 2.39 1250 appropriate conversion factor 2 57 1300 (F) shown below: 2.76 1350 2.95 3.16 3.35 Loss below bold line indicates velocities in excess of 5 feel per second. Velocities which exceed 5 feet per second are nol recommended. Page 2 1400 1450 1500 1600 1700 1800 1900 2000 Fi, .12 .14 .15 .18 .21 -24 .28 -32 .36 .40 .44 .49 .54 .59 .65 .70 .76 .82 .88 -95 1.01 1.06 1.15 1.30 1.45 1.62 1.79 1.97 12-Inch .060 .083 .096 .110 .125 -141 .158 .175 .194 .213 .233 .254 .276 .298 .322 .346 .371 .397 .4 23 .451 .508 .568 .632 .698 .767 ,840 G - I 10� • .... ` LOSS IN POLYETHYLENE HOSE FRS CTION i PER 100 FEET POLYETHELIME IRRIGATION HOSE (WATER) P.S.I. FRICTION LOSS 50 40 135 125 120 Ho40 B 3 2.7 75 63 2.1 1.60 1.30 O.D. MM I.D. INS. 4.5 4.1 4.9 3.7 _ - 0.3 BALI 10 ' ' - " _ _ - - - ' - - - - 2.3 6.6 KIN. 20 ' ' - -� -- _ _ - - ' - - -- 1.4 4.0 11.2 30 -- -- -- _ "_ __ __ -- 2.1 6.0 16.7 44 50 __ -- -- -___ -_ __ __ -- 1.2 2.9 B.4 60 - - - - -_ 1.0 1.6 3.9 11.2 _- 70 - - - " _ _ �_ 1.3 2.0 4.9 14.4 - - B9 - - " " �_ - _ 1.6 2.5 6.1 - 90 - - "_ __ 1.1 1.9 3.0 7.5 " - 109 - - _ - - _ _ 1.3 2.3 3.6 8.7 _ - 110 - ` - - _ _ 1.b 2.7 �10.5 120 - " - - 0.7 1.B 3.! 1.1 4.9 130 - - _ _ - 0. 3.6 5.6 140 ' ' 0.7 2.4 4.1 6.4 150 _ _ 1.0 2.7 4.6 7.2 160 - - T _ - - 1.2 3.0 5.2 B.1- 170 - - " 0.9 1.3 3.4 5.7 6.9 - 1.0 1.4 3.7 6.3 9.9 140 - - - 200 - - 0.9 1.1 1.2 1.6 1.7 4.1 7.0 4.5 7.6- 210 220 -- - - 0.9 1.0 1.3 1.4 4.9 B.3 230 - - 1.1 1.4 2.1 5.3 9. 5.7 9.8 240 250 - - 0.9 1.2 1.3 1.5 1.6 2.2 2.4 6.2 260 1.0 1.4 1.7 1.9 2.6 2.8 d.b 7.1 270 280 1.0 1.1 1.5 1.6 2.0 3.0 7.6 290 1.2 1.7 1.8 2.1 2.2 3.2 3.4 0.1-- 8.6- 300 310 1.2 1.3 1.9 2.4 3.6 9.2 320 1.4 2.0 2.5 3.0 9.7. 330 1.5 2.2 2.7 4.0 - -- 340 1.6 2.3 2.8 4.2 - -- 350 1.7 2.4 3.0• 4.5 - -- 360 1.7 2.5 3.2 4.7 - -- " 370 1.8 2.7 3.3 4.4- 3BO 1.9 2.8 3.5 5.2- 390 7.0 2.9 3.7 5.5 4-00 2.1 3.1 3.8 5.7- 420 2.3 3.4 4.2 6.3 440 2.5 3.7 4.6 6.0- 460 2.7 4.0 5.0 7.4- 4B0 3.0 4.3 5.4 8.0- - 500 3.2 4.6 53 - - - - - , . Irrigation Water ConveyanCe High -Pressure, Underground, Plastic Pipeline Specifications Installation Minimum depth of cover. Pipe shall be installed at suffi- cient depth below the ground surface to provide protection from hazards imposed by traffic crossings. farming opera- tions, freezing temperatures, or soil cracking. 7he'minimum depth of corer for pipe susceptible to any of these hazards shall be: Pion diameter Doom of COVW n e ............................................. is 3 thrauph 5.......... .......................... .................. ............. 24 6 or more. 30 In areas where the pipe will not be susceptible to freez- ing and vehicular or cultivation hazsrrs and the soils do not crack appreciably when dry, the minimum depth of cover may be reduced to: Pipe diameter Death of over M M 'A VMXPoh VA ......... e 2 lhrouptt 8 ` .... �.... ._ . .... 12 4 thratgtl 5 .� ....�... .. ......... .. is More than 6......... 24 In cranberry bogs where the pipe is not susceptible to freezing and heavy equipment is never allowed. the mini- mum depth of cover may be 6 in for a 64n diameter pipe and 12 in for a larger pipe. The minimum cover for potyadwiene pipe is S in but may be reduced to 2 in where conditions warrant The minimum cover for PVC pipe in cranberry bogs, where the pipe is to be protected from freezing after winter flooding, shall be 12 in, if the winter flood equals or exceeds 12 in. Whom the winner flood is less than 12 in, the top of the pipe shall be at least 24 in below the water surface. Solvent-weided joins shall be used at all connections of PVC pipe where peat and muck exist in their normal layered Pa rem. Dubber gasket joints may be used following normal bedding proce- dures where coarse sand or cement layers exist At kow piaces on the ground surface. extra fill may be placed over the pipeline to provide the minimum depth of covet The top width of the fill shall then be no less than 10 ft and the side slopes no steeper than 6:1. If extra protec- tion Is needed at vehicle crossings, encasement pipe or other approved methods may be used. Trench construction. The trench at any point below the top of the pipe shall be only wide enough to permit the pipe to be easily placed and joined and to allow the initial backfiil material to be uniformly placed under the haunches and along the side of the pipe. The maximum trench width shall be 36 in greater than the diameter of the pipe. It the trench is precision excavated and has a SCS, January 1989 semicircular bottom that closely fits the pipe, the width shall not exceed the outside diameter of the pipe by more that 10 percent. The trench bottom shall be uniform so that the pipe lies on the bottom without bridging. Clods, rocks, and uneven spats that can damage the pipe or cause nonuniform sup- port shall be removed. If rocks, boulders, or any other material that can damage the pipe are encountered, the trench bottom shall be under- cut a minimum of 4 in below final grade and filled with bed- ding material consisting of sand or compacted fine-grained soils. Pipelines having a diameter of ,A through 21h in that are to be placed in areas not subject to vehicular loads and in soils that do not crack appreciably when dry may be placed by using "plow -in" equipment instead of conventional trenching. Provisions shall be made to insure safe working condi- tions where unstable soil, trench depth, or other conditions can be hazardous to personnel working in the trench. Placement. Care shall be taken to prevent permanent dis- tortion and damage when handling the pipe during unusu- ally warm or cold weather. The pipe shall be allowed to come within a few degrees of the temperature it will have after 4 is completely covered before placing the backfill, other than that needed for shading, or before connecting the pipe to other facilities. The pipe shall be uniformly and continuously supported over Its entire length on firm stable material. Blocking or mounding shall not be used to bring the pipe to final grade. For pipe with bell joints, bell holes shall be excavated in the bedding material, as needed, to allow for unobstructed assembly of the joint and to permit the body of the pipe to be in contact with the bedding material throughout its length. Joint and connection. All joints and connections shall be designed and constructed to withstand the design maxi- mum working pressure for the pipeline without leakage and to leave the inside of the fine free of any obstruction that may tend to reduce its capacity below design requirements. All fittings, such as couplings, reducers, bends, tees, and crosses, shall be installed according to the recommenda- tions of the pipe manufacturer Fittings made of steel or other metals susceptible to cor- rosion shall be adequately protected by being wrapped. with plastic tape or by being coated with a substance that has hibh corrosion -preventative qualities. If plastic tape is used, all surfaces shall be thoroughiy cleaned and coated with a primer compatible with the tape before wrapping. Thrust blocks. Thrust blocks must be formed against a solid hand -excavated trench wall undamaged by mechani- cal equipment. They shall be constructed of concrete, and the space between the pipe and trench wall shall be filled to the height oR the outside diameter of the pipe or as spec- ified by the manufacturer. Tiesting. The pipeline shall be tested for pressure strength. leakage, and proper functioning. The tests may be per- formed before backfilling or anytime after the pipeline is ready for service. lrr2-gar:aon WaICL 4�'ttvcyaia�c �� • 0 . , Tests for pressure strength and leaks shall be accom- plished by inspecting the pipeline and appurtenances while the maximum working pressure is maintained and all joints and connections are uncovered, or by observing normal operation of the pipeline after it is put into service. Partial backflils needed to hold the pipe in place during testing shall be placed as specified in "Initial Backf"ill.'- Any leaks shall be repaired and the system retested. The pipeline shall be tested to insure that it functions property at design capacity, At or below design capacity there shall be no objectionable flow conditions. Objectiona- ble flow conditions shall include water hammer, continuing unsteady delivery of water, damage to the pipeline, or detri- mental discharge from control valves. Initial backfill. Hand. mechanical• or water packing meth- ods may be used. The initial backfill material shall be soil or sand that is free from rocks or stones larger than 1 in. in diameter. At the time of placement, the moisture content of the material shall be such that the required degree of compaction can be obtained with the backfill method to be used. The initial backfill material shall be placed so that the pipe will not be displaced, excessively deformed, or damaged. If backfilling is done by hand or mechanical means, the initial fill shall be compacted firmly around and above the pipe as required to provide adequate lateral support to the pipe. If the water packing method is used, the pipeline first snail be tilled with water. The initial backfill before wetting shall be of sufficient depth to insure complete coverage of the pipe after consolidation. Water packing is accomplished by adding enough water to diked reaches of the trench to thoroughly saturate the initial backfill without excessive pooling. Atter the backfill is saturated, the pipeline shall remain full until after the final backfill is made. The wetted fill shall be allowed to dry until firm before beginning the final backfill. Final backfill, The final backfill material shall be free of large rocks, frozen clods, and other debris greater than 3 in, in diameter. The material shall be placed and spread in approximately uniform layers so that there will be no unfilled spaces in the backfill and the backfill will be level with the natural ground or at the design grade required to provide the minimum depth of cover after settlement. Roll- ing equipment shall not be used to consolidate the final backfill until the specified minimum depth of caner has been placed. All special backfiiting requirements of the pipe manufac- turer shall be met. Basle of acceptance. The acceptability of the pipeline shall be determined by inspections to check compliance with all the provisions of this standard with respect to the design of the line, the pipe and pipe marking, the appurte- nances, and the minimum installation requirements. Certifications and guarantee. If request&d by the state conservation engineer, a qualified testing laboratory must certify with supporting test results that the pipe meets the requirements specified in this standard. The seal of approval of a recognized laboratory on pipe bearing one of the ASTM designations listed in this standard may be accepted for this certification. The installing contractor shall certify that his or her instal- lation complies with the requirements of this standard. He or she shall furnish a written guarantee that protects the owner against defective workmanship and materials for not . Jess than 1 year. The certification identifies the manufac- turer and markings of the pipe used. AAaterlais Quality of plastic pipe. The compound used in manufac- turing the pipe shall meet the requirements of one of the following materials: 1. Polyvinyl chloride (PVC) as specified in ASTM-0-1784. code Material classification Type 1, Grade 1........ ........ ........... ....... ...» ». »..... 12t54-B TypeI. Grade 2...... ............ .......... ..... .................. 12454-C Type II. Grads 1.................................... :...... ..... .... 14333-0 2. Acryionittiie-butadiene-styrene (ASS) as specified in ASTM-D-1788. Code Material afassilication Type 1. Grade 2.......5-2-2 Type1. Grads 3........ .......... »...................... .............. Typeif, Grade 1..... .................. ................ I ..... .......... 4-4-5 3. Polyethylene (PE) as specified in AS7M-0-.1248. Code Matenai classification Guide P14, Class C.......... _.... .»»_ »...» ...._ . IC-P14 GrWe P23. Clans C.................. .................... .... lIC4323 Grade P33. Class C................................................. IIIC-M Grade P34. Clan C.................................................. NG-P34 The pipe shall be homogeneous throughout and free from visible cracks, holes, foreign matter, or other defects. The pipe shall be as uniform in color, opacity, density, and other physical properties as is commercially practicable. Pipe requirements. All pipe installed under this standard shall be pressure rated for water. The relationship between standard dimension ratios, dimensions, hydrostatic design stresses, and pressure rat ings shall be determined by one of the following formulas: For PVC, ASS. and PE pike with outside diameter controlled: 2_P5 . 02 _1 or R-1 SCS, January 1989 Irrigation Water Conveyance 430-DD-7 Plastic Irrigation pipe (PIP) shall have belled ends or sep- arate couplers and tntittgs that are suitable for joining the pipe and appurtenances by solvent cement. rubber gasiosts, o; other methods recommended by the pipe manufacturer. Such fittings and joints shall be capable of withstanding a wor" pressure equal to or greater than that for the pipe. Solent cement Joints. Solvent for sotwnt cement Joints shall conform to ASTM Specification 0-2564 for PVC pipe and fittings and to 0-2235 for AM pipe and fittings. Solvent cement joints shall be used and constricted according to the recommendations of the pipe' nwutacturet Rubber gasket Joints. rubber gasket Joints shall conform to ASTM Specification D-3138. Table I. —Hydrostatic design stress and deskration.- Dta pipe door a60 PVC Type I. Grade I ........... ..... 2.000 PVC 1120 PVC Type i, Grade 2..».---.... .. 2.000 PVC 1220 PVC Type it. Gnde 1. - -- 1.000 PVC 2110 PVC Type 11, Gnkde 1 . » .,_ .. 1250 PVC 2112 PVC Type 11. Grade 1 _ . .... »»,, ,.,,..... 1,600 PVC 2116 ASS Type I, Grade 2....».,......... _ a00 ASS 1208 ASS Type 1, Grade 2_. 1 J= ASS 1210 ASS Type i, Grade 3....._...........r..._.., 1.800 ASS 1316 ASS Type II, Grade 1......... 1.20 ASS 2112 PE Grade P14 .... 400 PE: 1404 PE Grade P23 .. .. $00 PE 2305 PE Grade P23 .._... no PE 2308 PE Grade P33........ — 630 PE 3305 PE Grade P34... ........„. »..,,,,.._.,, E30 Pl: 3406 Pi: Grade P34..................... .... 800 PE 3408 SCS, January 1989 •.yam ..r/•, r. -' - .. .� 'i` 1•�•: �� ` " ^.ate •-� •�fa.►' �y -i '_ � . - � spa f�•._� - .-:�f:r'-�.`• - �'� �i^v'`°:!'- = -�- :f'»• -r�_�; IL - Ifs �.Y: ,•r�__'i:.fi � �'::. ,� I L. JV \\ll R. ! It r � a'• 1� r►r` ,� r 5 �ct � ►-�-� raC-. Sa r so r 36-1 a. f s OL W-,��11 �tr� L! _ x ti - ._. r. w ! - . R-•-- C) — i`, _ end Q7/ P. ,7e ssp j 0 l� solo 40-1,� Y- L 9 r— 0 1 - e A. -3 !� .5S- 16rol�tr 5 �ar rAG. Sam(, S 3G- a —R o—w—p- - 7,,e I - 5- s`i3 /lcrej Z on a of — - 710^4 3 — Zmnt 4— �- Gti y /4o�<S s . -13 4&.- <s - 2dne $ 5.a77 4Gi'rf ®� NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Water Quality ,tune 24, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jimmy Best 4230 Church Road Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Jimmy Best Farm Facility No. 82 -102 Sampson County Dear Mr. Best: William G. Ross, Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality On June 19, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an annual inspection of the Jimmy Best Farm in Sampson County. The inspection revealed that the required solid set irrigation system had not been installed and thewaste application field had a problem with weeds and grasses. In addition, a review of the waste application records identified that an over -application of nitrogen had occurred on the small grain overseed on two (2) fields in the amount of 7 pounds and 3 pounds respectively. The Division of Water Quality requests that the following items be addressed: Consult with a crop specialist for assistance with the appropriate measures and or chemicals to be applied to correct the problem with competition (grasses and weeds) . 2. Contract an irrigation specialist to install the irrigation system as designed to prevent future waste application problems and to comply with the wettable acres requirements. 3. Maintain irrigation records (IRR-2) current to prevent over -application of nitrogen from occurring in the future. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 29301-5043 Phone: 910-486-1541/FAX: 910-486-0707 1 Internet: www.enr.state.nc.us/ENR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled l 10% Post Consumer Paper Mr. Jimmy Best Page 2 June 24, 2002 If you have any questions concerning this matter, please do not hesitate to contact me at (810) 486-1541. Sincerely, Robert F. Heath Environmental Specialist RFHI rh cc: Compliance Group Central Files Trent Allen - CSWC Fayetteville Office Wilson Spencer - Sampson County MRCS Greer Moore - Premium Standard Farms r&z`�` �/+- ci �•e e., ..� r� t. Gn�._d1 a s� /J m .__ _, _ f r 6A In, i- l , ze, cV 4 -4J� i. /J t,. u.til� ✓_� t 6- , k Other Sections Involved: CC: Belinda Henson/Inspection Files Don Register Dale Lopez/Tx Files d Kitty Kramer/DMR files Paul Rawls ,) o AWA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director - Division of Water Quality February 7, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jimmy Best 4230 Church Road Clinton, NC 28328 Subject: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 2H .0217 Jimmy Best Swine Farm Facility No. 82-102 Sampson County Dear Mr. Best: 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 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On January 18, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off SR1337 in Sampson County after receiving a complaint regarding waste application running off the field. The inspection revealed that the irrigation event had been terminated minutes before the inspectors arrival and that wastewater was discharging from the field into a shallow field ditch. Further investigation revealed that the field ditch discharged into a canal ditch through an underground pipe under the farm path. This canal ditch is a tributary of Little Coharie Creek which is Class C-Sw waters. The Division of Water Quality requests that the following items be addressed. - Contact a Technical Specialist or Irrigation Specialist to conduct a wettable acres determination and to evaluate the current irrigation equipment and submit the certification within 60 days of this letter. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541/FAX: 910-486-07071Internet: www.enr.state.nc.us/ENR An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper d Page 2 Mr. Best February 7, 2002 Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than 525,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the unpermitted release of swine waste to waters of the State. If you have and explanation for this violation that you wish to present, please respond to this office by FebruaLry 22 2002. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation will be forwarded to the Director withthe enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-1541. Sincerely, 4 t i i t . Paul E. Rawls Regional Water Quality Supervisor PER:rh cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Jeremy Hill - Premium Standard Farms Central Files - Raleigh WA T�cR4G P -c MR.JD4MY BEST 4230 CHURCH ROAD CLINTON NC 28328 Dear Mr. Best: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 9, 2002 f r i 'JAN 16 W SUBJECT: Acknowledgment Receipt Letter Best Bros Farm File # PC 02-004 Sampson County This letter is to acknowledge receipt of your check # 4007 in the amount of $2,694.33, received November 18 2002. This payment satisfies in full the civil assessment in the amount of $2,694.33 levied against Best Brothers Farm Co., and this enforcement case has been closed- Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, r� t,v JLeWiS { r - Non -Discharge Compliance & .Enforcement SL:sw cc: Fayetteville�Regional=Office Enforcement/Compliance Files # PC 02-004 Central Files A jzD- E `R Customer Service: Mailing Address: Telephone (919) 733-5083 Location, 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 1001. past -consumer paper ht1p://h2o. enr. state. nc. us i OF `N A rE9 Mr. Jimmy Best 4230 Church Road Clinton, NC 28328 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ' Division of Water Quality October 14, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the Animal Waste General Permit Farm # 82-102 Sampson County File No. PC 02-004 Dear Mr. Best: This letter transmits notice of a civil penalty assessed against the Jimmy Best Faun in the amount of $2,694.33 which includes $694.33 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. ,Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ,� AMA NCDENR Customer Service: Mailing Address: Telephone (919) M-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity Af tmatrve Action Employer So% recycled/ 10% post -consumer paper htipY1h2o.enr.state.nc. us Me 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-160I Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit JKW/scI ATTACHMENTS cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments @o6'Heath) FRO w/ attachments File # PC 02-004 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWG100000 ) STIPULATION OF FACTS FILE NO_ PC 02-004 Having been assessed civil penalties totaling 12,694.33 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October l 12002_, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2002. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF JAMES B. BEST FOR VIOLATION OF CONDITIONS OF THE NON -DISCHARGE GENERAL PERMIT AWG100000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 02-004 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. James B. (Jimmy) Best owns and operates the Jimmy Best Farm, a swine operation in Sampson County. B. Jimmy Best was issued Certificate of Coverage AWS820102 under General Permit AWG 100000 for the Jimmy Best Faun on September 25, 1998, effective September 25, 1998, with an expiration date of April 30, 2003. C. Condition No. I. 1. of the General Permit states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." D. DWQ staff inspected the Jimmy Best Farm on January 18, 2002 in response to a complaint. Staff observed wastewater runoff from a spray field to ditch adjacent to the spray field. E. The costs to the State of the enforcement procedures in this matter totaled $694.33. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A_ Jimmy Best is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215_1. C. Jimmy Best violated Condition No. I. 1. of the General Permit by discharging animal waste from the animal waste application system into a ditch_ D. Jimmy Best may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Jimmy Best pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this niatter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Jimmy Best is hereby assessed a civil penalty of: $ 694.33 $ �27/> 9�Vr39 for violating condition No. I. 1. of Permit No. AWG100000 by discharging animal waste from the animal waste application system into a ditch Enforcement costs TOTAL AMOUNT DUE As required by G.S.. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G_S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures_ (Dp e) tent Wiggins, Actin rvisor on -Discharge Comp ance and Enforcement Unit Division of Water Quality im 2002 i (. I Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources October 14, 2002 Alan W. Klimek, P.E. Director Division of Water Quality Mr. Jimmy Best CERTIFIED MAIL 4230 Church Road RETURN RECEIPT REQUESTED_ Clinton, NC 28328 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the Animal Waste General Permit Farm # 82-102 Sampson County File No. PC 02-004 Dear Mr. Best: This letter transmits notice of a civil penalty assessed against the Jimmy Best Farm in the amount of $2,694.33 which includes $694.33 in investigative costs- Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 16I7 Mail Service Center Raleigh, North Carolina 27699-1617 MOKWI NCDENR Customer Service: Malting Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper httpl/h2o.enr.state.nc. us a 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-2 82. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 � ` 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment_ If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit JKW/scl ATTACHMENTS cc: aul"Rawls; Fayetteville Regional Supervisor w/ attachments Bob Heath, FRO w/ attachments File # PC 02-004 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNIINiSTRATIVE HEARING AND PERMIT NO. AWG100000 ) STIPULATION OF FACTS FILE NO. PC 02-004 Having been assessed civil penalties totaling T $2,694.33 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 11, 2002 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2002. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF } JAMES B. BEST ) FOR VIOLATION OF CONDITIONS ) OF THE NON -DISCHARGE } GENERAL PERMIT AWG100000 ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES File No. PC 02-004 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL. PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. James B. (Jimmy) Best owns and operates the Jimmy Best Farm, a swine operation in Sampson County. B. Jimmy Best was issued Certificate of Coverage AWS820102 under General Permit AWG100000 for the Jimmy Best Farm on September 25, 1998, effective September 25, 1998, with an expiration date of April 30, 2003. C. Condition No. 1. 1. of the General Permit states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." D. DWQ staff inspected the Jimmy Best Farm on January 18, 2002 in response to a complaint. Staff observed wastewater runoff from a spray field to ditch adjacent to the spray field. E. The costs to the State of the enforcement procedures in this matter totaled $694.33. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Jimmy Best is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S_ 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Jimmy Best violated Condition No. L 1. of the General Permit by discharging animal waste from the animal waste application system into a ditch. D. Jimmy Best may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Jimmy Best pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Supervisor of the Nan -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Jimmy Best is hereby assessed a civil penalty of: for violating condition No. 1. 1. of Permit No. AWG100000 by discharging animal waste from the animal waste application system into a ditch $ 694.33 Enforcement costs �.! L? � TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. . 4 (D e) ent Wiggins, Actin ervisor on -Discharge Camp lance and Enforcement Unit Division of Water Quality DIVISION OF WATER QUALITY March 13, 2002 u � ►'�C�17��11�JU.1 TO: Kent Wiggins Non -Discharge Corn liance THRU: Paul awl ------�� Water Qual ty Rege nal Supervisor Fayetteville Regional Office FROM: Robert F. Heath Environmental Specialist II Fayetteville Regional Office SUBJECT: Enforcement Package Jimmy Best Farm Facility No. 82-102 Sampson County Please find enclosed a fast track enforcement package pertaining to the violations of the conditions of the General Permit at the subject facility. Thank you for your cooperation regarding this matter. If you have any further questions or need clarification on any of the details, please contact me. RFH/bs STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF Mr. Jimmy Best Jimmy Best Swine Farm FOR VIOLATIONS OF CONDITIONS OF ANIMAL WASTE PERMIT AWG 100000 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION } File No. LM FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Gregory Thorpe, Acting Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Jimmy Best operates a concentrated animal operation in Sampson County- B. The Best Swine Farm was permitted as a nondischarge facility on September 25, 1998, in accordance with 15A NCAC 2H .0217. C. Jimmy Best was issued a Certificate of Coverage AWS820650 under General Permit AWG100000 for McKenzie Farm on September 25, 1998, effective date of September 25, 1998, with an expiration date of April 30, 2003. D. Condition No. III (6) of the issued permit states "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V(3) of the General Permit. f. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enter surface waters." Condition No. V (3) of the issued Permit states: "The maximum waste level in lagoon/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoon/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24hour storm event plus an additional 1 foot of structural freeboard." E. DWQ staff inspected the Best Farm on the following dates to verify compliance with the General Permit as a result of a complaint: August 8, 2000, an inspection was conducted of the Jimmy Best Farm after receiving a complaint that the operator in charge (OIC) or his assistant had pulled the irrigation gun into the field and had not started the retrieval engine for proper operation resulting in over -application and run-off. A discharge was confirmed with wastewater entering an isolated pocosin. Samples were collected and submitted for analysis. January 18,2002, an inspection was conducted of the Jimmy Best Farm after receiving a complaint that the farm was irrigating adjacent to a ditch and run-off was occurring. A discharge was confirmed with wastewater entering a ditch which flowed into a canal that is a tributary of Little Coharie Creek. Samples were collected for analysis. F. The cost to the State of the enforcement procedures in this matter totaled $858.90. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Jimmy Best is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. Jimmy Best above sited for failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V(3) of the General Permit. f. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enter surface waters. Jimmy Best above sited failure to maintain the required lagoon freeboard as specified in the CAWMP violated Condition No. V (3) of Animal Waste Permit No. AWG100000. D. Jimmy Best may be assessed civil penalties pursuant to G_S.143-215.6A(a)(2) which provides a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S.143-215.1. E. The State's enforcement costs in this matter may be assessed against Jimmy Best pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, of the Division of Water Quality, pursuant to delegation provided for by G_S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Jimmy Best is hereby assessed a civil penalty of: $ for violating Condition No. III (6) (e) of Permit No. AWG100000 by failure to report the failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of the General Permit. for violating Condition No. III (6) (f) of Permit No. AWG100000 by failure to report overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enter surface waters. TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources. of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Gregory Thorpe, Acting Director Division of Water Quality 1 F41010 �. f �:_ _. f 1. Date of Inspection(s):August ,8 2000, January 18. 202 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner Of Property: Jimmy Best (Copy of Deed 4. Name of Operator: Mr. Jirrimy Be 5. Address: Clinton. NC 28328 6. Phone Number: (910) 567 5 l_0 7. Description of Facility Location, Map excerpt attached. Travel from Clinton on Highway 421North to SR1337. Wm right on SR1337. go approximatPly_bwo miles to farm on the rigbl_ 8. Date this facility began operation: The farm has been in full operation since 1992 9. Date of last expansion: Not Applicable 10. Has the facility registered with DWQ? YES X NO_ If yes, date of registration 11/24/93 11. Does the facility have an approved Animal Waste Management Plan YES NO_ Is one required? YES NO_ Date Approved:ljnk 12. Has this facility received a CAFO Designation? YES_ NO X If yes, date issued: 13. Type of Operation. Swine, Feeder to Finish 14. Number and type of livestock: The facility is designed and permitted for 3672 hogs per cycle. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained h any 12 month period. Twelve (12) months. 2 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, the farm was designed 15 ac gs Sf and on 3yhich to applywaste, The certified waste manilgement plan calls for a bermuda small in overseed cro . At the time of the inspections, the s ra the appropriate croi2where irrigation wasQccu - 17. Type of Waste Management System: Swine are kept in total cvnf nement free stall barns with slotted floors over flushing nits. Waste is flushed m needed from floor pits into the waste lagoon system. Thglagoon ustem is composed of onL(1_) lagoon from which waste can be 12umpgd to e Mlication fields via 12ortable al N and a mOilr. rol md moy Sim system. 18. Descriptiori of other animal operations in immediate vicinity and proximity to same or other surface waters: It was noted that no swinrfarm are located in the immediate vicinity. Billy, Ray Daughtry operates a swine farm located approximately one half (IL2) mile North fro the Timmy Best Earn facility. This facility =lies waste on fields upstream from thr, Best Farm facility ann(i ?lion site. 19. Proximity of facility to neighboring houses, wells, etc.: It was noted that several residences located approximately 300 feet from the north portion of the waste application field. 20. Approximate depth of groundwater table in the area of the facility or discharge: unknown 21. Proximity of facility to surface waters: Facility(edge of lagoons) is located appnximatejy20 feet from a manmade ditch (canal) flowing to surface waters- In addition. the waste application fields are adjacent to a ditch that flows to the canal. 22. Animal waste discharged. Swine 23. Are pollutants discharged in the waters of the State? YM If so, how? Wastewater was observed entering the poco5i n a 'acent to the waste applic► at o field on Au ug st S. 2000(see attached photo. In addition wastewater was observed discharging into ?_farm ditch adjacent to the waste application field and flowing into a canal -ditch. January 18, 2002. This ditch. which was blocked. is a tributary of the Little Coharie Creek. 24. Do or have discharges occurred in response to a storm event less severe than the 25- year, hour storm? No. The facility was observed to have applied waste to a waste application field on AjAgust 8, 2000 resulting in overannlication and pon ing in the fields an nm-offinto the pocosin. Ija addition. on January 18, 2001 wastewater was observed_ running off the waste lica i ditch and flowing into a canal ditch. 3 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: The discharge has caused the introduction of nutrients into the receiving, surface waters. that will, cause or add to the-Rmibility of algal blooms and accelerated eutrophication of the_slQw moving waters of the pond. Samples e�s_ults: August 8, 2000 2. Wet1and-ID#QQMX85534 18200 1194 12 ,jamnle results: January 18, 2001 Coliform, Fecal BOD Ammonia 1. o F fie, (Discharge Point) 440000 5J 5 518.82 2. Downst& 360000 406 152.4 3. Upstream 2.=9-4 L 2 Z-U 'PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** 26. What is the duration and gravity of the violation?: Thisac' ' e n operating since 1992 and numerous complaints have been lodged against this operator. The, wastewater discharge from e waste pligatim field occurred &I gp=ximately2 to a hourE on Au A considerable discharge ran off of the ap lication site for an undetermined time on this day, January 2MQ L resulting in a discharge into a fam ditch then to a_canal ditch. 27. Water Quality Assessment: At thr, time of the,inspection. the discharge flow was significant in several areas where runoff was observed ntering the ditch adjacent to the waste a lication field. 4 28. What is the cost of rectifying the damage?. Unknown. 29. What is the amount of • + A1- III � • iserved that the owne was supposed to have contwted with a irri gation company to desi m-and-instal I an irri gation J�ch was designed fQr fmshwater crop irrigation and is too • wastewater =ficatign. In .dd1+1_ c Wettable acres cerfiLeation was to hayr, . ill ggnducted to insure adQuate land was avaflgblg & the facili1y. TO date, none of these mqui cgmecfive actions1. • R ed 30. Was the violation committed willfully or intentionally?: YES _ NO-X Explain. Although it does seem thgl, The irrigation eauinmeW op >•_should have stopped the igation event on August g, 200Q when the retrieval engine would not start, the resulting discharge probably was not intenliplial. The discharge that occurred on January 18. 2001 was the result of exceeding the infiltration rate due to the large nozzle.size and the slow retrieval ► =4I 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority,?: The Jimmy, Best Farm has been uncooperatiyg with the DWO over the past two (2) years with no improvements to the irrigation system as promised during the period. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 12.00 Mileage: $0.23 per mile for 100 miles: $ 36.00 Fecal Coli form ($25.00 per sample) * 5: $ 125.00 Nitrate/Nitrite ($18.37 per sample) * 5 $ 91.85 BOD ( $32.40 per sample) * 5 $ 162-00 Robert Heath @ $ 20.01 /lir 4 hours - Drive Time (four (4) trips) $ 80.04 3 hours - Investigation $ 60.03 8 hours - Report Development $ 160.08 hours 12.5 total $ 300.15 Paul Rawls @ $31.87/hr hours -1 12W 31.87 Central Office Review $ 100.00 3i," 110RTH' CAROLINA SAMPSON COiINTY wt1083 .76E ' THIS. DEED, Made thif 10th day, of February; 1989 by THELTON RAY BEST and' wife, EDITH.M: BEST. -of Sampson County; North Carolina; and BEATRICE B. THORNTON- widow, 'of -Wayne County, North Carolina, parties of the first part; to JAMES., BUTLER BEST ofCounty, North, Carolina, party of the second part; ' 11I TNESSETH: Thelton Ray Best and wife, Edith No Best of the first part, for and in consideration of the sum of Ten Dollars (E1Q.00) and other good and valuable consideration to them paid by the party of the second part, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain; sell, grant and'.convey to,the said party of the second part, his.heirs and assigns, all that tract or parcel -of real-estate lying and being in Herrings Township, Sampson County' �North Carolina more particularly describes as follows: BEGINNING at an iron stake designated as Corner No. 35 on a map hereinafter referred to (all numbered corners referred to herein are as shown on said map) located in the center of State Road No. 1337, said Corner No. 35 being located North 14 degrees 38 minutes 25.seconds East 2506.04 feet from .another iron stake designated -as Corner No. 10 in the center of said road opposite its inter- section with, the centerline extended of State Road No. :... from Corner -No'. 35, so'located, along -State Road No. 1337,�points dalongs which e are located as follows: North 15 degrees.37 minutes 57. seconds East 214,52 feet, North 22 degrees 12 minutes 5?''seconds East 516.12'feet, and North 29 degrees 02 minutes 27 seconds East 523.09 feet to an iron stake iri the 'center of said road designated as Corner No'. 30; thence leaving State Road No..1337 and runs frith the M:-A. Blackmon line South 60 degrees 17 minutes 33 seconds East.903.00 feet,to an'iron stake designated as Corner. No.'31; thence North 87 degrees 22 minutes 27 seconds East 206.00'feet to an iron stake designated as Corner No. 32; thence South' 67'degrees 34 minutes 09 seconds East 1276.55 feet to an existing Iron pipe at a lightwood stake designated as Corner No. 21; thence South 55 degrees 19 minutes 12 seconds west'1186.67 feet to an existing iron pipe desig- nated as Corner No. 13; thence North 49 degrees 37 minutes 55 seconds West 264.00:'. . feet to an iron stake designated as Corner No. 12, a joint corner between this tract and the lands of Craig Herring, Sr. and -the lands of the W..Este] McLamb' Estate; thence South 71 degrees 22 minutes 11 seconds West 701.54 feet to an existing iron axle; thence -North 61 degrees 40 minutes 51 seconds West 954.83 feet. to the BEGINNING, containing 54.97 acres, more or less, and being Tract No. 2 on a map entitled: "Property of T. Ray Best," prepared by Millard T. Owen, III, Registered Land Surveyor, dated February, 1985 and recorded in Map Book 17 at Page 77 of the Sampson County Registry, said map being incorporated herein and b reference made a part hereof. This is a portion of the land described in that y 'deed from L. F. Best and wife, Fannie 0. Best to T. Ray Best dated March 12, 1962 and recorded in Book-755 at Page-460 of the Sampson County Registry. TO HAVE AND TO HOLD the above described real estate, together with all privileges and appurtenances threunto belonging, to him, the said party of the second part,'his heirs and assigns in fee''simple. And Thelton Ray BEst and wife, Edith M. Best of the first pairt'do covenant with said party of the second part, his heirs and assigns, that they are seized of said premise; in fee and have the right to convey the .same in fee simple; that the same is free and clear from all encumbrances, and that they do hereby This instrument prepared by Harry M. Lee, Attorney at Law, Clinton, North Carolina 28328. r, lawful r..•warrant;and with forever defend the title to the:same against the claims of all persons `whansaever. 1083 767. Vli1. ,'Beatrice `in deed far releasing B. Thornton join= the execution of this "_ .; )) :;`-;•. °-her-first--right of refusal to purchase the above described lands. x.<. •IN TESTIMONY MIHEREOF, said parties of the first part have hereunto set their hainds,and seals the day and year, first above written. L, (SEA ) - e ton ay es , , (SEAL) .. Edith es i (SEW.) :. Beatrice B.� Thornton NORTH CAROLINA SAMPSON COUNTY ; ' I, Brenda J. Bowen. a Notary Public in and for said'County and State, do hereby # certify that Thelton Ray Best and wife, Edith M. Best each personally appearred before me this day and acknowledged the due execution of the foregoing instrument ' tor'the purposes expressed therein. j 1%.3• Itilss my hand and :Notarial Seal this- day of February, 1989. Ado Notary Pqnic May Commission Expires; February 5, 1993 NORTH CAROLINA. WAYNE COUNTY a Notary Public in and for said County and State, do hereby.certify that Beatrice B. Thornton, widow, personally appeared before me this'day and acknowledged the due execution of the foregoing instrwwnt s. for the purposes expressed.therein. I . G tl,<< itness sly hand and Notarial Seal this day of February.. 1989. ,[� IAT Notorp`�Jc'lr.. . '.�..:•'' u c - May Commission Expires$- • .Y • .. .� ,. ., ; . Ap AN I 4� v� r; OF, ne 4( 'i 4f 45 T 7Jc cy Vt lip, Vj M . `44 — "X� '0., . nyr Jx, si :L "t 14 Al Ir 'I j ', ell I is L8 ig— 4 -i �all;;l 0� ri iN, 7 I -KI, .1 1,".: .1 .1 �j( 41",_ ',-4 75r p TF4 pv N't, 4f 4 4j� 4< 1; Pl, No, OPI, All, 4NG CV. �lrI 1: 41 ." :jiG w��- -w 'Ai71 1e [ 1'7 k'a. iyf 1• "+' �: -"': Y 1, `Y-' 4ii 7Y�tk r'�:, i r 5-4i '� ilry-JtM t kith' f ' ` _ - yt r , k' w:;,t. a,. 0il + e , �+,.y# rr 'J,w {: 3.'S,yq � }, t .i i,, -i r' T, ' - {# ,. '• r " .sue 51�. 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' f J ti 1J"• �''��` ; i1 J'i". 'i'•+. 3yi ,� r,'• 1 a .i,J' �F.. w'ik '.i i-eq3 J'y ,,..-+is S,.i•. S' Z r,�;. 's4 �,., Ay. 'd, t" 5i' � '.J k:s J... rf �?."�,r .p� �� a '�{ :i. �`.•' -� .. �r'�� >.'Y+,�::� .ri�S ! •P `,-.; � t {=,x.,x:r..rJs•�� �� � ' �S ..S'. ��i,Sr. �.'�e.'Y�. .' �!3F.v:5 �'sS..�..�59�.x.- I•� �v! 'eTt , �n?. .is.... s..'85..7 ,�, "} Y ,gr �r�, �' r. � i,... ••5 s.. i.. � �y '.1.... tiiw.. n P::4 r' r ! .4 �J}r rt: ,rrn •i 3 r1.i;;..•,.i?�. .i.•e �� itSL•.,1,tcC„S'-li*3i:'7s.z, 4.•.r,•ikl,.:$is"�i'.?i�`�e1'">.�rkS�' �1 �'�1:'rl' t ,,t 3 `y'S; NORTH CAROL INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES •spiy�4 � . JAMI 5.9:+iillNT JR:;' GOVERNOR _TC.. T'} '_'BILL HOLMAN - -.^�3ECR cTARY DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFiO£ DIVISION OF WATER QUALITY August 22, 2000 S(FRTIFIED AUML RETURN RECEIPT REQUESTED Mr. Jimmy Best 4230 Church Road r Clinton, NC 28328 Subject: it RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 2H .0217 Jimmy Best Swine Farm Facility No. 82-102 Sampson County Dear Mr. Best: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15 A NTCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On August 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm waste application fields in Sampson County after receiving a complaint. During that inspection it xvas noted that the irrigation equipment was malfunctioning resulting in waste water running off the field and ponding in a pocosin. 22.5 GREEN STREET, SVITE 714 / SYSTEL 9L0. FAYETTEVILLE, NORTH CAROLINA 29301-5043 PHONE 910-4a6-1 541 FAX 91 O.4a5-O707 AN EQUAL OPPOATUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER tiLr. 3immv Best .august 22, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: Immediately discontinue the use of the current irrigation equipment until adequate repairs to insure compliance with the C AWNIP are completed. ?. Contact and irriggation specialist for assistance in the calibration of the irrigation equipment. Failure to comply with the above conditions may result in the facility losing its General hermit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Dh ision of Water Quality from takinn enforcement. actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the operation and maintenance requirements of the irrigation equipment and the overapplication of wastewater resulting in ponding and runoff. If you have and explanation for this violation that you wish to present, please respond to this office by Sntember 1-9. 2Q00_ Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation will be forwarded to the Director withthe enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (1910) 486-1541. Sincerely, ._ Paul-E. Rawls Regional Water Quality Supervisor cc: Sonya want - Compliance a-oup NVilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh 1 U;J August 10, 2000 Dear Sirs, On August 8, 2000, we had an incident involving a discharge violation. This discharge was not premeditated or flagrant. It involved miscommunication, human error and mechanical breakdown. Listed below is an account of the events that occurred on August 8, 2000 and August 9, 2000_ At 12:30 p.m., Robbin Best started the irrigation traveler. After starting the irrigation traveler, Robbin Best could not bring the gun cart in. The motor would not work_ Unable to repair the motor himself, he called his brother, Jimmy Best, who was at another location priming tobacco at the tirne. Robbin informed Jimmy of the circumstances_ Jimmy told Robbin he would be there shortly to repair the motor. Jimmy was short-handed in the tobacco field and it took longer than he expected to get to the hog farm. Three hours passed before Jimmy arrived at the farm. At the same time Jimmy arrived at the farm, Robert Heath of NCDENR, also arrived. Jimmy then shut the traveler down. The time was 3:30 p.m.. Mr. Heath and Jimmy walked down to the gun cart where they saw standing water, some of which was escaping into the corner of a wooded area. Mr. Heath then walked into the wooded area, which is a small percosin, with no inlet or outlet. Therefore, there is no running water or place for the effluent water to escape. Mr. Heath saw and photographed several small puddles and one large area, approximately 5Ox5O, which he presumed to be effluent. The depth of the ponded effluent was 2-4 inches. He took liquid samples. He instructed Jimmy Best to get a pump, and pump the effluent back onto the field. Mr. Heath then left. We immediately went to Clinton and rented a Mud Hog, which is a self -priming sump pump. We then returned to the hog farm and began pumping_ We pumped approximately 6 hours on the evening of August 8, 2000, and we pumped an additional 3 hours on August 9, 2000. We recaptured approximately 90% of the standing effluent. On August 9, 2000, Margaret O'Keefe of the Division of Soil and Water Conservation arrived for a scheduded annual inspection. We informed her of the accidental discharge on the previous day_ After her inspection was completed, she then walked into the wooded area to observe any standing effluent present. She saw.3 or 4 puddles, approximately 3 feet wide and 2 inches deep. She documented this in her report. This was our fault. We will make every effort in the future to abide by all rules governed by NCDENR to prevent any problems. Again, this incident was not premeditated or flagrant, especially given the fact that our annual inspection was scheduled for the following day. We are very sorry. Thank you very much. Sincerely, � - Jimmy and Robbin Best Best Brothers Farm Type of Visit O 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 Facility Number 82 102 Date of Visit: 8/8J2000 Time: 3:30 Printers on: 3/19/2001 0 Not O erational 0 Below Threshold ■ Permitted 0 Certified © Conditionally Certified [j Registered Date Last Operated or Above Threshold:..- -... __ __ Farm Name: lilumy..0jst.Fjtrjn........................................................................................ County: sww.spn................................. FRA......... Owner Name: Jjjz1[t1lY ........................... DR51 ............................. Phone No: 5.6-,U0!)................................................... Facility Contact: Jimuty B�s>r -- -- -- -- ---- -- -- - -- -- -- Title: _ ...... -- -- -- -... -- -- -- -- ..... Phone No: -- •• -- -- -- -- -- -- -- -- -- -- -• Mailing Address: 4230SburchAmad ............... Gliuttnti NG...-.....-.................-.--...-..-.........---........... 283.2.8 .............. Onsite Representative: Jjwy.Dgjjt_..... .------------------------------------------------------ Integrator:11)r4farlAS.�ACti.........._..:_._ Certified Operator: J4lggs.$•-- -- -- -- ---- -- -- $get -- -- -- -- -- -- -- -- -• -- ....._ Operator Certification Number: 19497 -- -- Location of Farm: Farm location: take 421 South from Spivey's Corner toward Clinton. Go 1 mile to Midway High School, turn left, go 1 mile o Stop sign. Go straight through. Go one-half mile, turn right on to Bud Johnson road. Go 3/4 mile, log house on left_ ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • ®• 36 Longitude F-7-8-101 26 ' 36 '• Design Current Design Current Design Current Swine Capacity Population Poultry. Cavacitv Po elation . Cattle ,.. .,.. - 'CapacitypPopulation , ❑ Wean to Feeder 11 10 Layer I I❑ Dairy ® Feeder to Finish 3672 3672 10 Non -Layer I I Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ID Other ❑ Farrow to Finish Total Design Capacity 3,672 ❑ Gilts Total SSLW 495,72Q ❑ Boars Number of Lagoons JEI Subsurface Drains Present ❑ Lagoon Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ® Spray Field (:]Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed_ did it reach Water of the State'? (if yes. notify DWQ) Spray Feld Area c. If discharge is observed• what is the estimated flow in gal/min"- d. Does discharge bypass a lagoon system? (If yes. notify DWQ) 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? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure ? Structure 3 Structure 4 Structure 5 Identifier: ............................. Freeboard (inches): 24 5100 ® Yes []No ❑ Yes ❑ No ❑ Yes ❑ No 5 ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 Continued on back Facility Number: 82-102 Date of Inspection F 8/8/2000 Printed ou: 3/19/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (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? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17, Fail to have Certificate of Coverage & General Permit readily available? I& Does the facility fail to have all components of the Certified Animal Waste Management 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/Inspector 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 ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 0 No violations;or deficiencies were ,noted 'du 'ring this, visit. You; will receive no -further corresp ondeince. about this .visit. .. Gommeiitsi(refer`to question' #):r Explairi'any YES.answei aiid/or`:any recommendations or any othefeomments . Use drawings.of,facility .to better explain situations. (use, additional pages as;necessary) ., qV Reviewer/Inspector Name Bob. Heath"%' Reviewer/Inspector Signature: Date: 5100 Facility Number: - 8 102 Date of Inspection F 8/8/2000 Printed on: 3/19/2001 Odor 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 Ievel 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 ❑ 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 ❑ 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 Additional • omments an or rawmgs• �Y ^� - - Upon arrival, I informed Mr. Best the reason for the visit. I explained that a complaint was lodged that the reel and gun had been laced in field without engaging the gun cart. Mr. Best stated that the engine was broken and the started the irrigation pump anyway. asked if he was aware of similar complaints being investigated on this farm in the past and he stated that Mr. Grady Dobson had ten to the farm to investigate the complaint in the past. Best then turned off the irrigation pump and joined me in the spray field to determine if waste water had left the field. Waste s observed entering a ditch at the edge of field and ponding in wooded area. I asked if he was aware of a ditch or stream in the inity and he stated no streams were present on the property. The area where the waste was ponded is a pocosin. asked Mr. Best how long the pump had been running and he stated that he started the system at 12:30 PM. The system was turned ff at 3:30 PM and pumps 375 gal. per minute. Best stated to the inspector that what he did was wrong. Waste water was ponded in the 5 to 6 inch grass over the entire area of spray pattern and had migrated both toward to pococin and the other area of the field. I instructed Mr. Best to make an effort to ever the waste in the pocosin by whatever means were available. 5100 i E Q.Drviston of Water Quality -' .. , O,Divtsion of Soil andrWater Conser�ahon a 4, r r; O Other -Agency s :,�.*.!� Type of Visit O Compliance Inspection Q Operation Review Q Lagoon Evaluation Reason for Visit O• Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access Facility Number $2 !02 Date of Visit: 8J9/Z000 Time: ta:tlo Printed on: 3/19/2001 =Not Q Below Threshold Permitted ® Certified 13 Conditionally Certified © Registered Date Last Operated or Above Threshold: _ __ __ -_ -• .. _. Farm Name: Jixttmy..0csUAtrm .............................. ..... County: SamptsQn............... ._.._.._.._.._.._. FRO ...... ._. OwnerName: Jam ........................... But.............................................. Phone No: 3.67-11Qh................................................... Facility Contact: _ . - - ........ .... __ Title: - - -- - -- ------ -- -- - - -- • Phone No:...... -- -- -- - - - -- -- Mailing Address: 423.0.Ct m.rt l AQmd....................................... .. Cunt1ap..NG........... .................................................. 2Z$Ua......_....... Onsite Representative: i;Qkhil> s9�_.Ii1 X_Qest,_I}oVl: iltitttAttd---.-----.--.--.-- Integrator: J'pRF.arjWjnr..--.--..-.--.--.--.--.--.--------.--• Certified Operator: ,Iat[lvs $•-- -- -- -- -- -- -- -- Best -- -- -- -- ---......_ .- -- -- -- Operator Certification Number: 1984I. -• -- -- -.._ ..._ Location of Farm: -arm location: take 421 South from Spivey's Corner toward Clinton. Go I mile to Midway High School, turn left, go 1 mile + o Stop sign. Go straight through. Go one-half mile, turn right on to Bud Johnson road. Go 3/4 mile, log house on left. � ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 09 36 " Longitude 78 • 26 36 714. Design Current Design Current Design_ Current Swine Capacity Population Poultry Capacity Population Cattle Capacity -Population ❑ Layer ❑Dairy ❑ Non -Layer I ❑ Non -Dairy ❑ Other Tots! Design Capacity 3,672 Total SSLW 495,720 ❑ Wean to Feeder ® Feeder to Finish 3672 ❑ Farrow to Wean []Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Number. of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds. / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts I. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made'? ❑ Yes ® No b. If discharge is observed, did it reach Water of the State? (If yes. notify DWQ) ❑ Yes ® No e. If discharge is observed. what is the estimated flow in gal/min? d. Dues discharge bypass a lagoon system? (If yes. notify DWQ) ❑ 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 ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ElSpillway ElYes ® No Structure I Structure ? Structure 3 Structure 4 Structure 5 Structure ti Identifier: ....................... Freeboard (inches): 22 5/00 Continued on back Facility Number: 82-102 Date of Inspection 8/9/2000 Printed on: 3/19/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, El Yes ®No seepage, etc.) 6. Are there structures on -site which are not property addressed and/or managed through a waste management or closure plan? ❑ Yes ® No (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? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 0Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings'? ❑ Yes ® No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? []Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type Coastal Bermuda (Hay) Small Grain Overseed 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 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 Management 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/Inspector 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? U. No violations'or deficieneies4erepotedduring this visit: ;You will receive�no furthet correspondence.about this.visit. ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No [-]Yes ® No ❑ Yes ® No ❑ Yes ® No Comments (iefer.to question'#).";Exglain'any YFS "answers and/or any. recvnunendations or any other comments. Usii*awing"f facility to -better ex plain,situations. (use additional pages as:necessary) 7. Keep height of vegetation at 18' or Iess to allow for easy visual inspection. Establish grass on bare areas. 11 & 19. March and April pumping not covered by waste sample. has only Irr-1 for fall pumping. Will do records before DWQ Yesterday Bob Heath inspected discharge in pocosin area at field edge due to broken traveler motor. Remaining discharge is in 4 Idles:from appx. 3' to 6' in diameter. They plan to finish pumping out waste onto field and take pictures to show remediation effort. Reviewer/Inspector Name Margaret Okeefe' Reviewer/Inspector Signature: Date: 5100 I Facility Number: ' 82—IO2 Date of Inspection 1 8/9/2000 Printed on: 3/19/2001 1 r Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor 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 ® 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? ❑ 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 A.t 5100 N� NCDENR P�j -lh Carolina De ar+rrent of Enviro�imen, art, I`Jattirai l e-sources G. Ross, Jr.. socreiai-v LT['E`�Oii' J. hurt e_ P,_D. Actin-_ DirectOr Pt1`i�iUlt of;,L'at`r Qat4 lil%: February 7, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jimmy Best 4230 Church Road Clinton, NC 28328 Subject: NOTICE OF VIOLATION AND RECOMMENDATIQN FOR ENFORCEMENT Administrative Code 15A NCAC 2H .0217 Jimmy. Best Swine Farm Facility No- 82-102 Sampson County Dear Mr, Best: 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 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On January 18, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off SRI 37 in Sampson County after receiving a complaint regarding waste application running off the field. The inspection revealed that the irrigation event had been terminated minutes before the inspectors arrival and that wastewater was discharging from the field into a shallow field ditch. Further investigation revealed that the field ditch discharged into a canal ditch through an underground pipe under the farm path. This canal ditch is a tributary of Little Coharie Creek which is Class C-Sw waters. The Division of Water Quality requests that the following items be addressed: Contact a Technical Specialist or Irrigation Specialist to conduct a wettable acres determination and to evaluate the current irrigation equipment and submit the certification within 60 days of this letter. Fayetteville Regional Office 225 Greed Street — Suite 714, Fayetteville, North Carolina 28301-5043 Prone: 910.485-1541!FAX: 910-486-070711nternet: w<tiw-ern:.state.nc.us.-ENR An i:qual Op oflunity 1 Affirmative Action Employer -- 50% Recycled 1 10',n Fast Cor;umar Papa- Page 2 Mr. Best Febmary 7, 2002 Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the unpermitted release of swine waste to waters of the State. If you have and explanation for this violation that you wish to present, please respond to this office by February 22, 2002. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation will be forwarded to the Director withthe enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor PER:rh cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Jeremy Hill - Premium Standard Farms Central Files - Raleigh To Whom It May Concern: This is regarding a discharge that occurred on Best Brothers Swine Farm on January 18, 2002. We began pumping at 10:40 AM and shut down at 11-.55 AM. The reason we stopped was that we noticed wastewater trickling into a waterway field divider that was connected to a drainage ditch. We did not perceive this to be a problem because we had the waterway dammed off to the drainage ditch. Due to excessive rainfall in months past there was a small breach in our dam. This allowed small amounts of hog effluent to enter waters of the state. Although effluent was in our own ditch, it never entered the state's ditch at the end of the road. Sometime shortly after 12.00 noon, Bob Heath arrived. He took water samples, looked over the situation and gave us recommendations on what to do. After Mr. Heath's departure, we rented a mud -hog to remove the waste from our ditch and pump it back into the lagoon. Our estimate of the total gallons of waste recovered to the lagoon is approximately 500 gallons. There was really no way to tell exactly how many gallons because there such a small amount in our ditch. Next, we blocked off the ditch with 30 tons of dirt at the point where our ditch ran into our canal ditch. The next morning, we blocked off the ditch before effluent reached to the road ditch. We hired a bulldozer to do the work. The bulldozer operator pushed additional dirt at the point that our ditch entered the canal ditch. We feel that our problem was the wet spray field we were pumping on and also that our irrigation gun was putting out too much volume for our current spray conditions. We have therefore made changes to our irrigation equipment to reduce volume per minute. This includes using a smaller nozzle and, if needed, a smaller gun. We are also rebuilding our irrigation gun to insure better operation. In addition, we have met with Bob Heath and also Greer Moore of Premium Standard Farms and are in the process of getting a wetland determination. Also, upon their recommendations, we will immediately upgrade our irrigation design and practices on this farm. When the irrigation design is completed, we will inform Bob Heath. This incident was an honest mistake and we will make every effort to prevent this from occuring in the future. Sincerely, 3fr'r '�2... f Robbin Best and Jimmy Best Best Brothers Farm Type of Visit` '® Compliance Inspection " "O.Operation Review O'Lagoon Evaldation Reason for Visit O Routine ® Camplaint - O Foiiow up, " d Emergency 6l' tific -tion' O other' ❑ Denied Access Facility Number Date of Visit: f �%�Z Tim 1e: Z: 3�. - — 13 Permitted [3 Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold Farm Name: County: Owner Name: _ _z� l`� /Phone No: Mailing Address: _ �12_�V. Facility Contact: _Title: Phone No: Onsite Representative: Integrator: Certified Operator: Operator Certification Number: Location of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ horse Latitude Longitude �t- ! Etrrrent k. trDgnh ' Gmrent r SNYilie . e' +a. _, T y.0 i1GI P .'fi tlOn K Poultryf 'Ca ePll nifltlQll_ Cflttte, a :.y "flCIP8 illfltion ' Wean to Feeder __'{?a ❑ La er ❑ DairyFeeder to FEI Non -La er ❑ Non-DairyFarrow to Wean=F c^ ti2•�-_," �3 �r ` �1` try '": ` ? ❑Farrow to Feeder 1 i ❑ Others ,�� + l ;: '0 Farrow to Finish f ' �� <. Natal Destigat Capat>itp " Gilts El Boars stF l ,Nnmber ofl agaowx '�� `ems ❑ Subsurface Drains Present ❑ La oon Area ❑ S ra � FEe1d Area 3�� . HoMing PondslSoEidTiaps;�9 ❑ No Li uid Waste Mana ement S stem 0. ,..��,.. Discharges & Stream Impacts i. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b_ If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c- If discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) 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? Waste llecti 8: Treatment 4. Is storage capacity (freeboard plus'storin storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 F� Identifier: p•C Freeboard (inches): '� Yes ❑ No ❑ Yes No ®'Yes %❑ No ❑ Yes ®-No ❑ Yes El No ❑ Yes ® No ❑ Yes allo Structure 6 05103101 Continued Facility Number:'Z —tGZ_ I Date of inspection / 7/7A z 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 stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? It. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type 4 ❑ Yes � No ❑ Yes © No r ❑ Yes ® No ❑ Yes y No ❑ Yes No fED Yes ❑ No ❑ Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 19 No 14. a) Does the facility lack adequate acreage for land application? PvYes ❑ No b) Does the facility need a wettable acre determination? ® Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ®'No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment? Reglti�d Reggrds & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management 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/inspector 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 9No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes [9 No ® Yes ❑ No ❑ Yes [R No CR Yes ❑ No ❑ Yes J No 0 No violations or deficgi�enncies were noted during this visit. You will receive no further correspondence about this visit. F• _gh'lS�y�Y"'.'1Y_�lf' Df W bef r e: ##i w (use at nsll as r - _ ❑Field Copy ❑Final Notes L.�/�s �i�,�,o�,.: vim/ � (,v�� f��r,�iga/�•acr.��o o��. Mill Ail- HIr Reviewer/Inspector Name Reviewer/Inspector Signature: Date: 05103101 Continued Facility Number: — !U Z Date of Inspection /7/T , z Odor 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? ElYes ❑ No 28. Is there any evidence 'of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ElYes ElNo roads, building structure, and/or public property' } - 29. Is the land application spray system intake not located near the liquid surface of the Iagoon? ❑ 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 3I. 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 O! LllJr�c+ 3 G✓LidL U/.1 J� ��Cf f �%��c"/FH �Q G/`/�'"e 14,TIeil Cf//<z /dam / O AiF ArfIZ,01 f.'.14 ���.+[ � .sx��;�s's ,..2orr-cf �r/s� i?fi�✓� � /•--,�/ �A cr,..;►� .��v.�r-ti.--,.��2�'.r. /,°/k/�l rT�7F r�v�• GCJ ,��.ij - �, /i/U y�iar��.r� L�-,CJF �'if'FCfi'� GAY r����,r�f�• :-Ytr S �G /I�!'T1:.�— /� �-�i�i...f, �sc� �-Y h� �� cl f� • .�� t',z-,rrr/ �.Ls,+c>✓ �� ` // / f�%s�+ ✓, `1if/�i� !1� /1; TI'l � Cj J, � .✓-sL-'i mod!- f %� //LG ,Cif//w� �7�AL✓ h � f .� T E �/r 'C1t' �4 .LIFi%�r � 1C �� 'Cr �7 /:a-� T "- / /_ � �.�C�� �K . � � ,��5� f�.�•�`%t'GXc�"� l/r/.®S��/iTi�s�•.� ,.✓//mot' .r /i` � Cam..Uri 05103101 Facility Number: YZ — A�Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i,e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 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.) 31. Do the animals feed storage bins fail to have appropriate cover? 32, Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Cl No ❑ Yes ❑ No s✓ li/ ,../ oc✓ C✓`,�:�[if, ��`c . /i1C 14Y r-�.�c! Ai✓, � fi c 7 �i(.✓. � ee9` f"`�" / l�,�iGw �✓ ,����� ��: s /7�'/�cJ fHAfr /1i� o sl-t7�.cd�¢ �r.��Gf�.[ /r /�/� �i���d'/� 05103101 Type of Visit ® Compffince Inspection O Operation Review O Lagoon Evaluation Reason for Visit' O Routine O Complaint ® Follow.up' :.O Emergency. Notification, , O Other ° ❑ Denied Access. Facility Number G Date of Visit: i 7�/d 'Puree: Not' erational Below Threshold ® Permitted ® Certified © Conditiiona`ily Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: V� " % i�`C! Yf�i,f "_" County: •_ r f Owner Name: �� �^ y ��f'-�� phone No: �� r� Mailing Address: Facility Contact: _ tT-- :. /�r� _ Title: Phone No: Onsite Representative: Certified Operator: Operator Certification Number: Location of Farm: , ❑ Swine ❑ Poultry ❑ Cattle ❑ horse Latitude �� OK Longitude r<� s DCSxClirlCAt�"'' CI��rEdt H Z. '� £ "- : • � -- r E fir" -...t _ ,� : y, v,�Swtne;_ ,ram ~'.Ga n� Po' tt�aHonPoultry ,x 4 C ci Po alstiati',Cittki c ° Ca ac v;`Po alation ' ❑ Wean to Feeder ?'El t L FB Feeder to Finish' s; >T' ❑Farrow to Weann'°c'- r"-c.�.�r i�a,.`_:`r?v_=T...ti'.:.�`",�'-.r, ;•.Y r-' ❑ Farrow to Feeder ❑ Other SS. r ft __ + o` 47 ��i ft ,r a ❑ Farrow to Finish l g, ,Total Design Cnpttczty , � `❑Gilts }-•i^ 7�� �' V'3r soars SSL'V��9, Y,Number of Lagoons r / ❑ Subsurface Drains Present ❑ Laoon Area ❑ 5 rav Field Area RO46 /' Tpt r, ❑ No L'e uid Waste Management Svstem �� f t Non -Layer t� Non -Dairy PE01 Discharges & Stream Imp 1. Is any discharge observed from any part of the operation? ❑ Yes 2"No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes [3No b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) ❑ yes .® No c. If discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) ❑ Yes Q-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 ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes 19 No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: z J Freeboard (inches): 05103101 Continued Discharges & Stream Imp 1. Is any discharge observed from any part of the operation? ❑ Yes 2"No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes [3No b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) ❑ yes .® No c. If discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) ❑ Yes Q-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 ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes 19 No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: z J Freeboard (inches): 05103101 Continued Facility Number: fZ. — ; G ,—. Date of Inspection 0 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 stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Waste AQplication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No It. Is there evidence of over application? ❑ Excessive/Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12, Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CA WMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No RgUni: d Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does 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) ❑ Yes ElNo t S 20. Is facility not in compliance with any applicable setback criteria in effect "at the time of design? ElYes [INo 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ 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 on -site representative? PYes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes R.No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. "r4`r�` {rr�Fer�te q�uestia� Ixiti � l� a��1v� tt�am�aaen�aa�or�:. ao mat+ �'�`r,•. �; b lti:r .,� tw ��° ��� ❑ Field Copy ❑ Final Notes A� �L /�� �%���f�,/��Fpd✓ns� �'.r/,�rc �v����irrFi�-,v/t.�p�/rc���rc� /,t-f� /�✓� �/•� �d/�7O�"A/ ��4r�-h?l��I vUi�i� j��`' � .✓F /1 D I d� dv �r�.�y �s,1�! G��� o � �i.J�t�� ��.� • �,� f�%j/�/�/•p�•(fj�`ci �G.c+ �`ii[,rir .q.�,��.®.� C�►.ci �''�-�J 1.�1t.� / Reviewer/InspectorName'� Reviewer/Inspector Signature: ... Date: O5103101 �� ��/4f/��►f �.�.��, � • .�/SG�..rf'r� c �fL� L.t �-��{ii,�,�.�'.f.�f � ��,�C�1°t�"�� FAYETTEVILLE DIVISION 317 Castle Hayne Strect Fayetteville. NC 28303 Phone (910) 864.1920 CHAIN OF CUSTODY RECORD Fax (910) 964-8774 PAGE OF CUSIT RAW a AIMEaa: 2- Z r5-� J A ' —mot-' ): C �anmm�/G 3100 OrecT l t.DCATHM: �,��...- O W a D T L a 8 TYPE OF ANALYSIS PRESERVATION C01 � �1 � l]�nl � � < .� CODE: A R ONLY B � HNO3 (ph�2} + <4 MN0 C in H=04 (phi) + c E • ZN �4 c F w am' y yid /s` �/ J DATE r METHOD (W 514WN ]rr: LAS ID # SAMPLE TYPE DATE TIME COMP+ OR" PH DAL TF]Ip AC c elingtdshed Iryr. (34na re) Data Time Rae ter 131gnetun) Date T1mf s 2 �9 Moss Relirtqutaead trfr. {Signature) Data Time Recalvad by: (Signature) to Time, 3 4 allnti mshed W. I"nMml 0a16 TIM Received br.. I ftnaturel Date Time 51 16 Relinquished by, lSggnature) Data W. (Signature) Time7 lt ITIme lRoceivod lost@ Comments or Special Hazards: ® Microbac Laboratories, Inc. http://www.microbac.com CHEMISTRY • ,MICROBIOLOGY • FOOD SAFETY • CONSUNIER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS �_ LI EIIT : i:t., - SS: W4r.hov.ia Building, Sulte 714 Fayetr.eville, NC 28.301 &&TACT PERSON: Mr. B. Heath ACCOUN'r NUMBER: i KNGCQ SAMPLE :I.+: 1. Field dischargy - ID #OOt4Y85533 2. W=tland - ID 400 ID #00MX,85534 3. .FFt U IS .D i It 2 f a r DATE PE;C! r7: SzAt*-LED: SAMPLED FY: R _ liv--,ath DELIVERED BY: B. Heath SAMPLE CODE: r ie1Cl; W3tl.ynd, Grab REFERENCE: Jimmy Best Farm DATA REVIEWED BY: DATE REPORTED: 09/22/00 i k Y k i i i{ i k k i{ i 4 L S k A k i i l a l k i L•{ k i i- k i f a k ANALYSIS METHOD 1 2 3 ii k k 4 • f- kra -:{ i k: ►♦4 Li 1.i 14, k1. L k i'i ki a.'k -k a 1 4 k-i ks+ti {iii k ik Li i,4Ski ii kS k 1-4, it Ir4 44, 4 A l i a ii*+x } { r4i4 i 80D (mg/L) EPA 405.1 687.0, 310d C'OLIFORM, FECAL (per JOO ml) SM18 92 2D 54500 18200 tUTRATE (mg/lA EPA 353.1 <1.0 -5.20 C:omtaniT9: s: = Lea,j than = Grea.er than PNs E 1 r-,F 1 The t:ata and other information contained an this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consuitmg Chemical and Microbiological Analyses and Research MEMBER Q-TIMicrobac Laboratories, Inc. FAWIEVILLL 01' it! (AoICK nSllin H, oil 25'.- FAYETTEVILLE, 11C 0303 USDA W& !kin) RGd P:P- ' ill"y R64-A774 QW41 ht.tp://www.microbac.com CHEMISTRY - MICROBIOLOGY -FOOD SATETY, CONSUMER PRQDUCTS -,WATER - AIR- WASTES �FOOD- PHARNIACEUTICAL:S:-NLURACEURCALI-,. 'CEIRIVICATEE OV ANALYSIS CLIENT: HC DENR - E% AD -DRESS: Wahavia Building, Suits 711 Fayettsvilln, NC 28301 CONTACT PERSON: Mr. H. Reath DATE REWD: 01/16;02 SAWLEW 01/18/02 SAMPLED BY; 2. Heath DELIVERED BY: B. Honth SAMPLE CODE: W Orah ACCOINT NYMBEg: -?� Fam - P t SAMPLE ID: 1. Discharge Point - ID9002WEI 320 Z. upmream - ID 401=311 3. Uown3treamoCanAlOf 10 #01W0022 DATA PEVTFWFD BY: DATE P&ORTED: 0205,0? ANALYSIS WTHOD 1 2 .3 +s A If 4 5+5 *14 Top If I• Q I"' 1 1111*1 1*44 1- * 11 1 0144* 11 pl jt4 BCD mg/A 105. qj* CALIFORM, FECAL (per 100 MI) VU8 922211.1 440000 1: WOW' NITRATE NT"M EPA 253 � Q'ff ",IF W� NITRWER, ARMONIA img"W EPA 150.2 518.RT ?,;; 152.4 cmaml7s: * - :U13t;o0able Data C Less tioun Or-itar thArt 3, He 5 2064 r i The data and other information contained on this, and other accompanying documents, represoqt uniy the B E R samplo(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part nor advertising or other purposes without written approval from the laboratory. USDA-EPA-MOSH Testing Food Sanitation Consulting Chemical and kiicrobiological Analyses and Research JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST $, 2000 PICTURE 7T SHOT OF THE IRRIGATION REEL IN USE AT THE TIME OF THE INSPECTION PICTURE $ SHOT OF GUN CART RETRIEVAL ENGINE ON THE ABOVE REEL AT THE TIME OF THE INSPECTION; NOTE THE MISSING GASOLINE TANK CAP AND THE BROKEN PULL ROPE APPARATUS. JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST 8, 2000 PICTURE 3 PONDED WASTE IN SPRAYFIELD ADJACENT TO WETLANDS WITH GUN CART PICTURE 4 PONDED WASTE IN SPRAYFIELD AND WETLAND JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST 8. 2000 PICTURE_ 1, SHOT OF THE WASTEWATER PONDED IN THE SPRAY FIELD AND THE DISCHARGE POINT WITH HOG BARNS PICTURE 2, ;LOCATION OF GUN CART AT TIME OF INSPECTION N•• JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST 8, 2000 PICTURE 5,SHOT OF THE WASTEWATER PONDED IN THE WETLAND PICTURE fi SHOT OF ONE OF THE DISCHARGE POINTS Ai JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST S, 2000 PICTURE 3, PONDED WASTE IN SPRAYFIELD, ADJACENT TO WETLANDS WITH GUN CART PICTURE 4, PONDED WASTE IN SPRAYFIELD AND WETLAND JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST 8. 2000 PICTURE 1, SHOT OF THE WASTEWATER PONDED IN THE SPRAY FIELD AND THE DISCHARGE POINT WITH HOG BARNS PICTURE 2-LOCATION OF GUN CART AT TIME OF INSPECTION JAMES B. BEST SWINE FARM DISCHARGE OF AUGUST 8, 2000 PICTURE 5, SHOT OF THE WASTEWATER PONDED IN THE WETLAND PICTURE 6, SHOT OF ONE OF THE DISCHARGE_ POINTS To Whom It May Concern: DEj I J,'.',j 2 3 2P92 L This is regarding a discharge that occurred on Best Brothers Swine Farm on January 18, 2002. We began pumping at 10:40 AM and shut down at 11:55 AM. The reason we stopped was that we noticed wastewater trickling into a waterway field divider that was connected to a drainage ditch. We did not perceive this to be a problem because we had the waterway dammed off to the drainage ditch. Due to excessive rainfall in months past therewas a small breach in our dam. This allowed small amounts of hog effluent to enter waters of the state. Although effluent was in our own ditch, it never entered the state's ditch, at the end of the road: Sometime' shortly after 12:00'hoon, Bob Heath arrived. He took, water samples, looked over the 'situatiori and gave us recommendations on"what to `do. After Mr. Heath's departure, we rented a mud -hog to remove the waste from our ditch and pump it back into the lagoon. Our estimate of the total gallons of waste recovered to the lagoon is approximately 500 gallons. There was really no way to tell exactly how many gallons because there such a smaU amount in our ditch. Next, we blocked off the ditch with 30 tons of dirt at the point where our ditch ran into our -canal ditch. The next morning, we blocked off the ditch before effluent reached to the road ditch. We hired a buttdozerto do the work. The bulldozer operator'pushed additional dirt at the point that our ditch entered the canal ditch. We feel that our problem was the wet spray field we were pumping on and also that our irrigation gun was putting out too much volume for our current spray conditions. We have therefore made changes to our irrigation equipment to reduce volume per minute. This includes using a smaller nozzle and, if needed, a smaller gun. We are also rebuilding our irrigation gun to insure better operation. In addition, we have met with Bob Heath and also Greer Moore of Premium Standard Farms and are in the process of getting a wetland determination. Also, upon their recommendations, we will immediately upgrade our irrigation design and practices on this farm. When the irrigation design is completed, we will inform Bob Heath. This incident was an honest mistake and we will make every effort to prevent this from occ;uring in the future. Sincerely, Robbin Best and Jimmy Best Best Brothers Farm 4 a' r nCvY NORTH CARflLIhiA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August .22, 2000 CERTIFIM RETURN RECEIPT REQUESTED Mr. Jimnry Best 4230 Church Road Clinton, NC 28328 Subject: NOTICE OF VI0LA190N AND RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 214 .0217 Jimmy Best Swine Farm. Facility No. 82-102 Sampson County Dear Mr. Best. - You are hereby notified that, having been permitted to have a non discharge permit for the subject anlimal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On August 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm waste application fields in Sampson County after receiving a complaint. During that inspection it was noted that the irrigation equipment was malfunctioning resulting in waste water running off the field and ponding in a pocosin. 2,ZS GREEN STREET, SUITE 7141 5YSTEL HLO, FAYETTEVILLE, NORTH CAROLINA 28301-5043 p HOr4E 910.486-1541 FAX 910-486.0707 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEOl10% POST-CONSVMER PAPER fir. Jimmy Best August 22, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: Immediately discontinue the use of the current irrigation equipment until adequate repairs to insure compliance with the CAWMP are completed. Contact and irrigation specialist for assistance in the calibration of the irrigation equipment, Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge pernut for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement. actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the operation and maintenance requirements of the in-igation equipment and the overapplication of wastewater resulting in ponding and runoff. If you have and explanation for this violation that you wish to present, please respond to this office by Se to eningr 15, 2000. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, you explanation will be forwarded to the Director withthe enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr_ Robert Heath, Environmental Specialist, at (910) 486-1541. Sincerely, Paul E: Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. INRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh RECEIVED .AUK 14 2000 August 10, 2000 FAYETTE►I! LLE REG. OI`F;CE Dear Sirs, On August 8, 2000, we had an incident involving a discharge violation. This discharge was not premeditated or flagrant. It involved miscommunication, human error and mechanical breakdown. Listed below is an account of the events that occurred on August 8, 2000 and August 9, 2000. a At 12:30 p.m., Robbin Best started the irrigation traveler. After starting the irrigation traveler, Robbin Best could not bring the gun cart in. The motor would not work. Unable to repair the motor himself, he called his brother, Jimmy Best, who was at another location priming tobacco at the time. Robbin informed Jimmy of the circumstances. Jimmy told Robbin he would be there shortly to repair the motor. Jimmy was short-handed in the tobacco field and it took longer than he expected to get to the hog farm. Three hours passed before Jimmy arrived at the farm. At the same time Jimmy arrived at the farm, Robert Heath ofNCDENR, also arrived. Jimmy then shut the traveler down. The time was 3:30 p.m._ Mr. Heath and Jimmy walked down to the gun cart where they saw standing water, some of which was escaping into the corner of a wooded area. Mr. Heath then walked into the wooded area, which is a small percosin, with no inlet or outlet. Therefore, there is no running water or place for the effluent water to escape. Mr. Heath saw and photographed several small puddles and one large area, approximately 50x50, which he presumed to be effluent. The depth of the ponded effluent was 2-4 inches. He took liquid samples. He instructed Jimmy Best to get a pump, and pump the effluent back onto the field. Mr. Heath then left. We immediately went to Clinton and rented a Mud Hog, which is a self -priming sump pump. We then returned to the hog farm and began pumping. We pumped approximately 6 hours on the evening of August 8, 2000, and we pumped an additional 3 hours on August 9, 2000. We recaptured approximately 90% of the standing effluent. On August 9, 2000, Margaret O'Keefe of the Division of Soil and Water Conservation arrived for a scheduded annual inspection. We informed her of the accidental discharge on the previous day. After her inspection was completed, she then walked into the wooded area to observe any standing effluent present. She saw 3 or 4 puddles, approximately 3 feet wide and 2 inches deep. She documented this in her report. This was our fault. We will make every effort in the future to abide by all rules governed by NCDENR to prevent any problems. Again, this incident was not premeditated or flagrant, especially given the fact that our annual inspection was scheduled for the following day. We are very sorry. Thank you very much. Sincerely, Jimmy and Robbin Best Best Brothers Farm �r Division of Ej�vlronmental ?%nAgement CHAIN OIL CUSTODY RECORD :. Method of Shipment: �✓+ Sell by, Broken b Security Tvne and Condition: Lock bv: Open by: IAE USE ONLY lab No. $o. PromThrou ,h ntainers A ?�aie lin-4iab*d by—, iteceived b mace Time ':N�i+i�d�.�-'lSl:�rri{�{G+�,y.vr.�.'�.0 - - KaXr:r+srOrlanfefueEapKNtn. wr. -.- ,,,..v.,.f'aw.nay,.a.�.�.:sMw�iyww}+-rtw�.wwR�s.:.waa:,,...w,ua.. ..:.•.:.-.+-n..- ....tier=o,.r.. .... ,. c, .,.a..,.,...,,.n..,r.. a.R - DiVI510N OF ENVIRONMENTAL MANAG>rMENT WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLYw COUNTY ic+ PRIORITY SAMPLE TYPE RNER BASIN ❑AMBIENT REPORT TO: ARp RO RO RRO WaRO WIRO WSRO TS ❑ QA AM ❑ EFFLUENT AT BM ❑MEMENCY p k �l - ❑INFLUENT Other tv ❑ USTtSDYShipped by: s Courier Staff Other ESTUARY COLLECTOWS): - f4/ems Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus Ssed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ Station # Date Begin (yy/mm/dd) Time Begin Date End Time land Depth DM DB DBM Value Type Composite Sample Type Cl2 0 /0 `/O 1,17z-,/O /0 ,1 — A H L T S B C G GNXX Lab Number: Date Recelvedl e- Rec'd b : Bus- ourler and Del DATA ENTRY BY: IFrom. J Hj-C DATE REPORTED: �! ( JI j Z 2 COD High 340 mg/1 3 COD Low 335 mg/1 4 Az ollform: MF Fecal 31616 L �O /100ml 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strop 31673 /100m1 8 Residue: Total 500 mg/I 9 Volatile $05 mg/I 10 Fixed 510 mg/I 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/l 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/I 191 1 TOC 680 mgA 20 Turbidity 76 NTU 1 Chloride 940 mg/I Chi a: Trl 32217 upA Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(PH ) 83 ADM[ Color: pH 7.6 82 ADM] Cyanide 720 mg/l Fluoride 951 mg/1 Formaldehyde 71880 mg/1 Grease and Oils 556 mg/I Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 ug/i Sulfate 945 mg/1 Sulfide 745 mg/I NH3 as N 610 mg/1 TKN as N 625 mg/I NO2 plus NO3 as N 630 mSA P: Total as P 665 mg/I PO4 as P 70507 mgA P: Dissolved as P 666 mg/I CdCadmlum 1027 ugA Cr-Chromlum:Tota11034 wo Cu-Copper 1042 ug/1 NI -Nickel 1067 ag/I Pb-Lead 1051 ugA Zn-Zlnc 1092 ugA Ag !Ever 1077 ug/1 AI -Aluminum 1105 USA Be-BeryRlum 1012 ug/1 Ca -Calcium 916 mgA Co -Cobalt 1037 USA Fe -iron 1045 uSA LI-Lithlum 1132 ug/I MilMagnesium 927 mg/I Mn-Manganese 1055 ug/I No -Sodium 929 mg/1 Arsenic:Tolal 1002 ug/I Se -Selenium 1147 ug/1 KS -Mercury 71900 u0A Organochlarine Pesticides Organophosphorus Pesticides I I Acid Herbicides I IIBase/ Neutral Extractable Organics Acld Extractable Ornanics 1 I I Phytoplankton I Sampling Point x Conductance at 25 C Water Temperature D.O. mgA pH Alkalinity pH 8.3 PH 4.6 Acidity pH 4.5 pit 9.3 2 94 10 300 1. 400 1 s 82244 431 82243 182242 20 Salinity % Precipltlon On/day) Cloud Cover 7i Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity MA-1 Mean Stream Depth ft. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 DM1/Revised 10/5, :'e' -1AW S}'ttS'liiT-r "' rt x•::.�rh r+a47Sl::s+tl.• ...r :r�...,r„yx...kw+7.�.wr.,;,.�,� „_. ,1 ,,a.. yr�r„w +'ts.: ,.. ... .«..«...««�:..,.�w•..,.... ,. r. ..., .,. Par Lab Use ONLY DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY Qrii SOiv PRIORITY SAMPLE TYPE RIVER BASIN %" ❑AMBIENT ❑ ❑ STREAM ❑ R REPORT TO: ARO MRO RHO WeRO WIRO WSRO TS QA EFFLUENT AT BM ❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT Other Shipped by; us Courl Staff, Other EMEGC �N OF TO OF GVftyY RY Lab Number: Date Received, me: Rec'd by- FrII'om: Bus ourler- and Del DATA ENTRY BY: , P CK: DATE REPORTED: COLLECTOR(S): [,J / desgEstimated HOD Range: 0-5l5-25/25-65/44-130 or 140 plus STATION LOCATION: N .,YCA fc�ovr�s�+/� Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: _Z60 l Station # Date Begin (yy/mm/dd) Time BeginZ1.1.0 e End Time End Depth DM DB DBM Value Type Composite Semple Type 1)0 /6 - Date d t /0 , 01 A H L T S B C G GNXX 1 I BOD5 310 mg/1 COD High 340 mg/1 2 3 COD Low 335 mg/1 olliorm: MF Fecal 31616 e ! o /100ml 5 Coliform: MF Total 31504 /100ml 6 Collfarm: Tube Fecal 31615 /100m1 7 Coliform: Fecal Strap 31673 /100ml Residue: Total 500 mg/l Volatile 505 mg/l 1 I Residue: Suspended 530 In 12 Volatile 535 mg/I i3 Fixed 540 mg/1 14 pH 403 units 15 Acidity to PH 4.5 436 mg/1 16 Acidity to pH 8.3 435 mg/l 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mgA 20 Turbidity 76 NTII Chloride 940 mg/1 Chi e; Tr1 32217 ug/I Chi a: Corr 32209 ug/l Pheophytln a 32213 ug/I Color: True 80 Pt -Co Coior:(pH 1 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/t Fluoride 951 nmg/l Formaldehyde 71880 mg/l Grease and 011s 556 mg/1 Hardness Total900 mg/I Specific Cond. 95 uMhoe/cm2 MBAS 38260 mg/i Phenols 32730 ug/1 Sulfate 945 ralo Sulfide 745 mg/1 NH3 as N 610 mg/I TKN as N 625 mg/I NO2 plus NO3 as N 630 mg/I P. Total as P 665 mg/1 PO4 as P 70507 mgA P: Dissolved me P 666 mg/I Cd-Cadmium 1027 ug/i CrChromium:Total1034 ug/I Cu-Copper 1042 ug/I NI -Nickel 1067 ug/l Pb-Lead 1051 ug/1 Zn-Zinc 1092 ugA Ag Ilver 1071 ug/I AI -Aluminum 1105 ug/I Be -Beryllium 1012 ug/1 Ca -Calcium 916 mgA Cc -Cobalt 1037 USA Fe -Iron 1045 ugA LI-Lithium 1132 ug/I Mg-Magneclum 927 mg/I Mn-Manganese 1055 ag/l Na-Sodlum 929 mg/I Arsenic -Total 1002 ug/I Se-Selenlum 1147 ug/I Hg-Mercury 71900 ug/I Organachlorine Pesticides Orpnophowpfiarus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics P Phytoplankton Sampling Point 76 Conductance at 25 C Water Temperature D.O. mg/I pH Alkalinity PH 8.3 pH 4.5 Acidity pH 4.5 pH 8.3 r empera[ure (C) 2 94 10 300 to 400 10 82244 431 82243 182242 20 Salinity X Precipltlon (in/day) Cloud Cover % Wind Direction (Deg) Stream flow Severity Turbidity Severity Wind Velocity M/H Mean Stream Depth It. 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