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HomeMy WebLinkAbout820083_NOV-2020-PC-0549 Enforcement Packet w photos_20210330NOTICE OF VIOLATION AND/OR NOTICE OF INTENT ROY COOPER Governor MICHAEL S. REGAN Secretor y LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality March 30, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 9443 Michael Scott McLamb 1364 Penny Tew Mill Road Roseboro NC 28382 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2020-PC-0549 Scott McLamb # 1 & #2 & Robert Mclamb Facility Number 82-83 Permit AWS820083 Sampson County Dear Mr. McLamb, On December 10, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Scott McLamb # 1 & #2 & Robert McLamb Farm and the permitted waste disposal system. We wish to thank Mr. Curtis Barwick for his assistance during this inspection. In addition to the inspection conducted on December 10, 2020, a follow up inspection was conducted on January 6, 2021. Violation 1: Failure to properly operate and maintain at all times the collection, treatment, and storage facilities, and the land application equipment and fields. [15ANCACO2T .1304(b)] (Permit No. A WG 100000 Section Conditions II 1). On December 10, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff documented with pictures that all of the discharge pipes from the hog houses have been dug out all the way to the lagoon. The lagoons have been intruded by equipment and left as an open channel leading to the houses. The condition of the waste collection system was inoperable and has been for some period of time 9wna-a��.t �e srvFomtyxp�m uwMr North Carolina Department Fayetteville Region 1i Office qIo 33.5300 Environmental Qua li:y Division c t Water Resources 25 Greer Street. Suite 714 i Fayetteville North Carolina 28301 Page 2 Michael Scott McLamb March 30, 2021 Required Corrective Action for Violation 1: Temporary containment should be put in lagoon walls to prevent waste from flowing out of lagoon. Any waste in the trenches leading to the barns must be cleaned out and waste returned to the lagoon. Lagoon repairs should be made as soon as possible following the Permit requirements. Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper design installation. Professional engineers, authorized federal employees, and technical specialist with Structural Animal Waste designation may provide certification. This information must be provided to and approved prior to beginning any repair work. No animals can be stocked on this farm until the repair plans are submitted and approved by the Division and work has been completed and approved by DWR. Violation 2: Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper design installation. Professional engineers, authorized federal employees, and technical specialist with Structural Animal Waste designation may provide certification. However, if a piece of equipment is being replaced with a piece of the identical specifications, no certification is necessary (I.E. piping, reels, valves, pumps if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond embankment or linear - . [15A NCAC 02T- .0108(b)] (Permit No. AWG100000 Section Conditions II 27). On December 10, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff documented with pictures that all of the discharge pipes from the hog houses have been dug out all the way to the lagoon. The lagoons have been intruded by equipment and left as an open channel leading to the houses. DWR was never notified that any major structural repairs were on -going at the farm. On January 6, 2021, DWR followed up and documented with pictures that no repairs or effort to repair the discharge pipes had been made. In addition, the lagoon levels were out of compliance and backing up into the "open channels" that were dug. Due to the lagoon being out of compliance and the lagoon backing up into the open channels the lagoon seemed to be "equalizing into the houses". Required Corrective Action for Violation 2: A written plan of action by an approved engineer, authorized federal employees or technical specialist with Structural Animal Waste designation needs to be sent to DWR for approval prior to any construction. This written plan should be sent to Christine B. Lawson (christine.lawson�w.ncdenr.gov) office (919) 707-3664. Violation 3: The permitee shall report by telephone to the appropriate Divisional Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Page 3 Michael Scott McLamb March 30, 2021 b. Any failure of the waste treatment and disposal system that renders the facility incapable of adequate receiving treating, or storing the waste and/or sludge. (Permit No. AWG100000 Section III 17 B). On December 10, 2020 during the compliance inspection, DWR staff was able to document with pictures that the waste treatment system was inadequate and DWR was never notified. DWR staff also visited the farm on January 6, 2021 for a follow up visit and documented with pictures that the waste treatment system was still inadequate and no effort being made to repair the treatment system. Required Corrective action for Violation 3: In the future, notify DWR if any major structural repairs to be made. A written plan of action by an approved engineer, authorized federal employees or technical specialist with Structural Animal Waste designation needs to be sent to DWR for approval prior to any construction. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before April 30, 2021. 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. 3. A written plan by an approved engineer, that has the detailed plan of actions to repair the damages to the lagoons. You are required to take any necessary action to correct the above violations on or before 60 days from receipt of this letter and to provide a written response to this Notice April 30, 2021 Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering.? a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered please send such information to me in writing within ten (10) days follovvin, receipt of this letter. Your response will be reviewed, and. if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Page 4 Michael Scott McLamb March 30, 2021 Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, DocuSigned by: '— 5189C2D3DD5C428... Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Laserfiche Files Fayetteville Regional Office WQROS files INSPECTION REPORT / NOTES Facility Number 727 - I C)lDivision of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Type of Visit: Q'Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit: Cd'Koutine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access Date of Visit: / —'Q- I Arrival Time::II /o., 5 if Farm Name: Ga -`DIP y Owner Name: 3 e 1 La Mailing Address: Physical Address: Facility Contact: e(4, 7)..; rG Onsite Representative: Certified Operator: Back-up Operator: Location of Farm: Departure Time: ,`/f7 Mae - /ram Owner Email: Phone: County: Region: Title: Latitude: Phone: Integrator: Certification Number: Certification Number: / a D M Longitude: Swine Design Current Capacity Pop. Wean to Finish Wean to Feeder —eder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Boars Other Other Design Current Wet Poultry Capacity Pop. Layer Non -Layer Design Current Dr Poultry Ca . aei Po Cattle Design Current Capacity Pop. Dairy Cow Dairy Calf Dairy Heifer Dry Cow Non -Dairy Beef Stocker Beef Feeder Beef Brood Cow Discharges and Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field Other: a. Was the conveyance man-made? Yes ❑ No ❑ NA ❑ NE E Yes ❑ No ❑ NA [] NE b. Did the discharge reach waters of the State? (If yes, notify DWR) ❑ Yes [rNo ❑ NA ❑ NE c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) EY s No ❑ NA ❑ NE 2. Is there evidence of a past discharge from any part of the operation?Et-es ❑ No ❑ NA ❑ NE 3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes 21'vr' ❑ NA ❑ NE of the State other than from a discharge? Page 1 of 3 2/412015 Continued Facility Number: Waste Collection & Treatment Date of Inspection: 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): ❑ Yes El No El NA El NE ❑ Yes ❑No ❑NA ❑NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes No ❑ NA 0 NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? 8. Do any of the structures lack adequate markers as required by the permit? (not applicable to roofed pits, dry stacks, and/or wet stacks) ❑ Yes ❑No ❑NA ❑NE ❑"Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑`No ❑ NA ❑ NE 9. Does any part of the waste management system other than the waste structures require ❑ Yes ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE n Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground n Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus n Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): .,. 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? 15. Does the receiving crop and/or land application site need improvement? 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acres determination? 17. Does the facility lack adequate acreage for land application? 18. Is there a lack of properly operating waste application equipment? Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? 1 1 Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑No ❑NA ❑NE Er Yes ❑No ❑NA ❑NE ❑ Yes II] No ❑NA ❑NE Yes ❑ No El NA ❑ NE ❑ Ycs ❑ No ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check n Yes ❑ No ❑ NA ❑ NE the appropriate box. n WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements nOthcr: 21. Does record keeping need improvement? If yes, check the appropriate box below. n Ycs ❑ No ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard n Waste Analysis n Soil Analysis ❑ Waste Transfers n Weather Code ❑ Rainfall ❑ Stocking n Crop Yield ❑ 120 Minute Inspections El Monthly and 1" Rainfall Inspections n Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ❑ NE 3. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ET No ❑ NA ❑ NE Page 2 of 3 2/4/2015 Continued Facility Number: 19-- - 'Date of Inspection: j,%/49;17T 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑Yes EFI'Vo ❑NA El NE 25. is the facility out ofcompliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ N ❑ NA ❑ NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels D Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes No ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes fNo ❑ NA ❑ NE Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours andlor document ❑ Yes [�No ❑ NA ❑ NE and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes laN ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the es , No ❑ NA ❑ NE permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Yes [E No ❑ NA ❑ NE ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes 1Io E NA ❑ NE 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes 'o ❑ NA ❑ NE 34. Does the facility require a follow-up visit by the same agency? Yes ❑ No ❑ NA ❑ NE Comments (refer to question #): Explain any YES answers andlor any additional recommendations or any other comments. Use drawings of facility to better explain situations (use additional pages as necessary). I471- Y 0`cj7 ', y! J� ? / vdui frrhy( prey/L-01104 L-{-ropetk- rio4t, `-t8P-r's T'irr- 715 l'-`7PF' 4t-b rd Nerra-f-,e3 if 7 ..i rr� hap( . Yyv �9f 7C6 ee V Y� rtg-cl ��rtrr L•�r� 3 , p a -� r7-4-f irZ-S 1J c T b p .1 Reviewer/Inspector Name: Reviewer/Inspector Signature: Page 3 of 3 Phone: Date: VD-3 D3 DI. l 2/4/2015 Facility Number: -15 Date of Inspection I /2--/ f' -*We) Additional Continents and/or Drawings: d Fad►'YL ijr'YoL5 �d 97(1Yic r P Gu 4 t,e90-- GcJrwe7 Cv'`t FisC ry. /0_0 Alois /1"--j ,'k 'di e-z rd— W.5 4,,ri,f-frl__ 71/f ; )-- 1_5 -2...per.;ek- a N-151—Cag eA°' d`�'�� , _ . r -�J r� Ilan` �� ,,,,c1L *4 ro 1.4,,/,--_, 0 31( _(l ((vct r y- W1'{' 9 I) i a.� 49v.k-ix)4th ( -t`` Facility Number Q9 Division of Water Resources 0 Division of Soil and Water Conservation 0 Other Agency 'Type of Visit: 0 Compliance Inspection 0 Reason for Visit: 0 Routine 0 Complaint Operation Review X Structure Evaluation 0 Technical Assistance ❑ Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access Date of Visit: I Ql \Ol;121 Arrival Time: Farm Name: (3A--1- 116-( lr c l n t 3 Owner Name: ) w- nidn m Mailing Address: Physical Address: Facility Contact: 9 Lic:› Cabi. ? emu l LK Onsite Representative: Certified Operator: Back-up Operator: CUD mc•I (1 m Location of Farm: Departure Time: `1. C 0 2 if *le in'} Uwner Email: Phone: County: NTEREDRI 5": LASERFICHE APR45Z011 VDWRwCif-ItiS FAYEfTEVILLE REGIONAL. OFFICE Title: 17C CAI CI' Latitude: Phone: Integrator: jFT tTh f 1 J Certification Number: Certification Number: 1 D05 ! O Longitude: Swine Design Current Capacity Pop. Wean to Finish Wean to Feeder ' Feeder to Finish - ' - Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Boars Other Other Design Current Wet Poultry Capacity Pop. Layer Non -Layer Design Current Dry Poultry Capacity Pop. Layers Non -Layers Pullets Turkeys Turkey Puults Other Cattle Design Current Capacity Pop. Dairy Cow Dairy Calf Dairy Heifer Dry Cow Non -Dairy Beef Stocker Beef Feeder Bccf Brood Cow Discharges and Stream Impacts 1, Is any discharge observed from any part of the operation? Discharge originated at: Structure ❑ Application Field a. Was the conveyance man-made? `t" Other: b. Did the discharge reach waters of the State? (If yes, notify DWR) c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? Yes ❑ No ❑ NA ❑ NE L�l Op i to ch(fib wh..re t1(l-frg ? - 10 Yes ❑ No Yes ENo ❑ NA ❑ NE ❑ NA ❑ NE El Yes No piNA El NE El Yes ❑No NA El NE El Yes 14No NA El NE Page 1 of 3 2/4/2015 Continued 'Facility Number: `F'; _ r.; Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? [4 Yes ❑ ❑ No NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 'Date of Inspection: F�( t %•/ Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): 5. Are there any immediate threats to the integrity of any of the structures observed?] Yes ❑ No ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes ❑ No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? 1/ Yes ❑ No ❑ NA ❑ NE ❑ 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes No El NA NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require 411 Yes No El NA ❑NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ ❑ Yes ❑ No ❑ NA NE maintenance or improvement? 11. Is there evidence of incorrect land application? if yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ri Heavy Metals (Cu, Zn, etc.) 1 l PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? Yes ❑ No ❑ NA U NE 15. Does the receiving crop and/or land application site need improvement? 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acres determination? 17. Does the facility lack adequate acreage for land application? 18. Is there a lack of properly operating waste application equipment? Yes ❑ No ❑ NA ❑ NE Required Records & Documents Yes El No El NA ❑ NE 19. Did the facility fail to have the Certificate of Coverage & Permit readily available`. 20. Does the facility fail to have all components of the CAWMP readily available? if yes, check ❑ Yes Li No ❑ NA ❑ NE the appropriate box. ❑WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ['Other: 21. Does record keeping need improvement'? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code ❑ Rainfall Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey 22. Did the facility fail to install and maintain a rain gauge'.' nYes ❑No ❑NA ❑NE 23. if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No n NA ❑ NE 2/4/2015 continued n Yes ❑ No ❑ NA ❑ NE Li Yes ❑ No ❑ NA ❑ NE Li Yes El No ❑NA ❑NE Page 2of3 Facility Number: 01_, - n 24. Did the facility fail to calibrate waste application equipment as required by the permit? Date of inspection: 11 li t ❑ Yes ❑ No ❑ NA ❑ NE 25. Is the facility out of compliance with permit conditions related to sludge? 1f yes, check ❑ Yes ❑ No ❑ NA ❑ NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey 0 Failure to develop a PDA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes ❑ No ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No ❑ NA ❑ NE Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours andlor document ❑ Yes [] No ❑ NA ❑ N1 and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes ❑ No ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the 0 Yes ❑ No ❑ NA ❑ NE permit? (i.e., discharge, freeboard problems, over -application) 3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 33. Did the Reviewerllnspector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Comments (refer to question #): Explain any YES answers andlor any additional recommendations or any other comments. Use drawings of facility to better explain situations (use additional pages as necessary). L,,ckter tiny. In "DUCe w l bt-oKe CClu C hq u me tO di4Llrlge out DC -1Q hou CMG inFo a, dt-op that h l g-es ( to O voted Or) �l�vr csvivi91�rt the Don() d1Qov-efife mat Ker c,u-erg off. - in the ht Oh ft-€e bolrecd Thiz dice hflg e trre di ruh (.ti l r i cnt fopaHj D m trQ I DoN . WI() f llj-ed LA4th vv to Reviewerllnspector Name: Phone: Reviewer/Inspector Signature: Page 3 of 3 Date: 2/4/2015 VIOLATORS RESPONSE AND NOTES DOUBLE MAC FARMS RRM FARMS 1212 HOWAIR.D HD AUTRYV1LLE, NC 28318 April 9, 2021 North Carolina Division of Water Resources Water Quality Regional Operations Section Mr. Trent Allen, Supervisor 225 Green St, Suite 714 Fayetteville, NC 28301 Dear Mr. Allen, in response to your Notice of Violation/Notice of Intent (NOV-2020-PC-0549) of March 30, 2021 for Scott McLamb #1 &#2 & Robert McLamb (82-83) I submit the following: Violation 1: Failure to operate & maintain at all times the collection, treatment and storage facilities. Discharge pipes from 2 (Site 1, House 1 and Site 2, House 1) of the 7 houses stopped up during the last turn of hogs, around late October, and were dug up to repair them. After removing the old pipes the contractor did not return to finish the work. As a result, for a short period of time waste was allowed to flow from the houses to the lagoons through the open channels until early November when the hogs were marketed. The third house (Site 1, House 3) was dug up after the hogs were removed but not all the way to the lagoon. On December 10, 2020, a temporary patch was placed in lagoon 3 so as to keep any water from the lagoon backing up into the open channel. The water in this channel was pumped into the lagoon on two occasions and the solids were scooped up and placed around the edge of a sprayfield. The open channel was covered up behind Site 2, House 1. No patch was placed in lagoon 1 as the design should not allow water to back up into the open channel. An engineer's repair plan of action (attached) was provided, via email, to Mr. Guyton & Mrs. Fontenot on January 27, 2021. Violation 2: Failure to have written documentation of major structural repairs. 1 was unaware that repairing discharge pipes constituted a major repair and needed engineer certification. This was an honest mistake on my and my workers' part. Again, note the engineers plan of action attached. No major repairs will be made until DWR approval which I ask for as soon as possible, to meet your 60-day repair deadline. My hope is to begin repairs within 3 weeks. Violation 3: Failure to report the failure of the waste treatment and disposal system. I apologize for not notifying your office, as required. If this event ever occurs in the future, I will immediately notify your office. Note the engineers plan of action attached. The reason the discharge pipes in question were dup up is because they became stopped up. High rainfall amounts this winter have exacerbated the problem. In the future, we will closely monitor discharge pipes and will get on a regular clean -out schedule for each house. We should have been more proactive in notifying your office and getting these pipes repaired while there were still hogs on the farm but had problems securing another contractor. This farm is undergoing some management and ownership changes that have caused the planned repairs to be delayed. As you are aware there have been no hogs on the farm since November 2020 and of course no more will be placed until the repairs are made along with other improvements to the farm. I hope to begin pipe replacement within 3 weeks, pending your swift approval of my engineer's plan. I have made temporary repairs and have the lagoons pumped down. I have been doing grade -work around the houses to improve surface water drainage and expect this work to cost approximately $4,000. I expect the discharge pipe repairs to cost approximately $20,000. As a part of the discharge pipe repair, I also plan to spend another $2,000 on seeding bare areas on the lagoon banks. I am looking at spending over $300,000 on total repairs and improvements to this farm. 1 hope that your office will not add fines that will increase my costs to bring this farm back on-line that would be on top of the long downtime we have experienced without hogs. Please keep in my that no degradation of the environment has occurred because of this incident. I regret that this incident occurred and that your office was not properly notified. If you need further information regarding this please call me at 910-385-6822 or my technical specialist Curtis Barwick at 910-385-1000. Thank you for your attention to this matter. Sincerely, 44)42/ 7,� Scott McLamb Backfill Specifications for Pond Influent Pipe 1. Backfill shall consist of clean natural fine-grained soil free from organics, debris, or other detrimental material. Soil shall be classified according to the Unified Soil Classification System (USCS) as CL or CH (ASTM D 2488) and have a maximum particle size of 1.5 inches. Where backfill is greater than 12-inches from a pipe, the maximum particle size may be increased to 3-inches. 2. Backfill shall be placed at or above optimum moisture content and compacted in 6-inch maximum lifts (thickness as compacted) to at least 95% Standard Proctor dry density (per ASTM D 698) using a suitable compactor based on soil type and trench width. 3. Each lift shall be compacted prior to placement of succeeding lifts. 4. When backfilling around a pipe, the soil placed against the pipe shall be in firm, complete contact with the pipe. Inspect the area under the pipe by excavating small test pits at regular intervals to ensure that no voids exist beneath the pipe. 5. Unless otherwise directed by the Engineer, the backfill over the pipe shall be placed to a minimum depth of 30-inches above the top of the pipe before hauling equipment is used over the pipe. SAMPLE RESULTS/DATA envirochem ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax NCDEQ/DW R-Fayetteville 225 Green Street Fayetteville NC Attention: Trent Allen inforavenvironmentalchemists.com Revised Report: Jan 11, 2021 Original Report Date: Jan 08, 2021 28301 Report #: Customer ID: Project ID: 2021-00326 19020022 Scott McLamb #82-83 Lab ID 21-00787 Test Sample ID: Site: Pipe Dishcharge Method Collect Date/Time 1/6/2021 9:50 AM Matrix Water Results Sampled by client Date Analyzed Fecal Coliform SM 9222D MF 25 Colonies/100mL 01/06/2021 Lab ID 21-00788 Test Sample ID: Site: Lower Pond Method Collect Date/Time 1/6/2021 10:00 AM Matrix Water Results Sampled by client Date Analyzed Fecal Coliform SM 9222D MF 37 Colonies/100mL 01/06/2021 Lab ID 21-00789 Test Sample ID: Site: Drop Inlet Method Collect Date/Time Matrix 1/6/2021 10:10 AM Water Sampled by client Results Date Analyzed Fecal Coliform SM 9222D MF 10 Colonies/100mL 01/06/2021 Lab ID 21-00791 Test Sample ID: Site: Source Method Collect Date/Time Matrix Sampled by 1/6/2021 10:15 AM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 3700 Colonies/100mL 01/06/2021 Lab ID 21-00792 Test Sample ID: Site: Surface In Method Collect Date/Time Matrix Sampled by 1/6/2021 10:30 AM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 19 Colonies/100mL 01/06/2021 Lab ID 21-00793 Test Sample ID: Site: Surface Out Method Collect Date/Time 1/6/2021 10:40 AM Matrix Water Results Sampled by client Date Analyzed Fecal Coliform SM 9222D MF 55 Colonies/100mL 01/06/2021 Report #:: 2021-00326 Page 1 of 2 envirochem ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax N C D E Q/D W R-Fayetteville 225 Green Street Fayetteville NC Attention: Trent Allen info@environmentalchemists.com Revised Report: Jan 11, 2021 Original Report Date: Jan 08, 2021 28301 Report #: 2021-00326 Customer ID: 19020022 Project ID: Scott McLamb #82-83 Comment: Amended 1/11/2021 to correct project name Reviewed by: + IC , Report #:: 2021-00326 Page 2 of 2 Environmental Chemist, Inc., Wilmington, NC Lab #94 Client: Ir[x=Q Sample Receipt Checklist Date: 6602 Windmill Way Wilmington, NC 28405 910.392.0223 Report Number: 21 — 00Jz14' Receipt of sample: ECHEM Pickup I, Client Delivery ■ UPS • FedEx • Other ■ • YES • NO �� N/A 1. Were custody seals present on the cooler? • YES • NO Il�r�":, N/A 2. If custody seals were present, were they intact/unbroken? Original temperature upon receipt 1. D °C or ected temperature upon receipt °C How temperature taken: • Temperature Blank Against Bottles IR Gun ID: Thomas Traceable S/N 192511657 IR Gun Correction Factor °C: 0.0 YES • NO 3. If temperature of cooler exceeded 6°C, was Project Mgr./QA notified? YES • NO 4. Were proper custody procedures (relinquished/received) followed? YES • NO 5. Were sample ID's listed on the COC? d'i YES • NO 6. Were samples ID's listed on sample containers? YES • NO 7. Were collection date and time listed on the COC? YES • NO 8. Were tests to be performed listed on the COC? VINYES • NO 9. Did samples arrive in proper containers for each test? YES • NO 10. Did samples arrive in good condition for each test? K YES • NO 11. Was adequate sample volume available?' liT YES • NO 12. Were samples received within proper holding time for requested tests? • YES • NO 13. Were acid preserved samples received at a pH of <2? * • YES • NO 14. Were cyanide samples received at a pH >12? • YES • NO 15. Were sulfide samples received at a pH >9? • YES • NO 16. Were NH3/TKN/Phenol received at a chlorine residual of <0.5 m/L? ** • YES • NO 17. Were Sulfide/Cyanide received at a chlorine residual of <0.5 m/L? • YES • NO 18. Were orthophosphate samples filtered in the field within 15 minutes? * TOC/Volatiles are pH checked at time of analysis and recorded on the benchsheet. ** Bacteria samples are checked for Chlorine at time of analysis and recorded on the benchsheet. Sample Preservation: (Must be completed for any sample(s) incorrectly preserved or with headspace) Sample(s) were received incorrectly preserved and were adjusted accordingly by adding (circle one): H2504 HNO3 HCI NaOH Time of preservation: If more than one preservative is needed, notate in comments below Note: Notify customer service immediately for incorrectly preserved samples. Obtain a new sample or notify the state lab if directed to analyzed by the customer. Who was notified, date and time: Volatiles Sample(s) were received with headspace COMMENTS: DOC. QA.002 Rev 1 Analytical & Consulting Chemists ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 6602 Windmill Way Wilmington, NC 26405 OFFICE: 910-392-0223 FAX 910-392-4424 into@environmentalchemists.com Client: NC- /%t 2 — 14%G( EfJv' ? PROJECT NAME: �7r iti L„�, f, ff� REPORT NO: 2 1— 00 3 ADDRESS: jig'-L'N Sf: CONTACT NAME: 5765)/i, 409,0 Al PO NO: F t ) elr . / L-I- 6 ,✓e._ REPORT TO: 7,P /✓T 4-44'if/4 Lttll N yin' PHONE/FAX: COPY TO: email: • VIM I 1 ■r■,WM Il+r • SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other: Collection Sample Type a El " Container (P or G) 0 t t m $ 2 o. LAB ID NUMBER PRESERVATION ANALYSIS REQUESTED Sample Identification Date Time Temp NONE HCL cl _ C = o z o FILTERED] OTHER 1 /,7L- /7isG,c/ OrJ,A•,✓2/ 9: 3P2) C 9- ' C''✓YL \ \ — G Low6,Q f0A0 \ /0,"G9 r \ C 1 1 -� % op )0Ler /d.v ' c J 50e.ace / Iv; / / I C 19 (I) / 1 -IK G p' / 4 c,e C Dal `' �0 I C ) - C P G G C P G G NOTICE - DECHLORINATION: Samples for Ammonia, TKN, Cyanide, Phenol and Bacteria must be dechlorinated (0.5 ppm or leas) In the field at the time of collection. See reverse for Instructions Transfer Relinquished By: Date/Time Received By: Date/Time 1. NC deit)/ f R k-CAir w/a pry _Qc 4-,f/ ZDL / a, 3 '2. Tamnsomfra when t?nnnn i..ri ors. 1 _ o P `` ��u Delivered By: Comments: td �ted• ejece: Re ample Requested: Received ByLJ . )� Date: ` �2 ( Time:1 TURNAROUND: U/yl TE . b6) - 6G 9.8 / - A -VP/ io,a41` is envirochem ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax info@environmentalchemists.com NCDEQ/DWR-Fayetteville 225 Green Street Fayetteville NC 28301 Attention: Trent Allen Date of Report: Jan 08, 2021 Customer PO #: Customer ID: 19020022 Report #: 2021-00326 Project ID: 9-146 Chad Hazelwood Lab ID 21-00787 Test Sample ID: Site: Pipe Dishcharge Method Collect Date/Time Matrix Sampled by 1/6/2021 9:50 AM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 25 Colonies/100mL 01/06/2021 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 21-00788 Site: Lower Pond 1/6/2021 10:00 AM Water client Test Method Results Date Analyzed Fecal Coliform SM 9222D MF 37 Colonies/100mL 01/06/2021 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 21-00789 Site: Drop Inlet 1/6/2021 10:10 AM Water client Test Method Results Date Analyzed Fecal Coliform SM 9222D MF 10 Colonies/100mL 01/06/2021 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 21-00791 Site: Source 1/6/2021 10:15 AM Water client Test Method Results Date Analyzed Fecal Coliform SM 9222D MF 3700 Colonies/100m L 01/06/2021 Lab ID 21-00792 Test Sample ID: Site: Surface In Method Collect Date/Time Matrix Sampled by 1/6/2021 10:30 AM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 19Colon ies/100mL 01/06/2021 Lab ID 21-00793 Test Sample ID: Site: Surface Out Method Collect Date/Time Matrix Sampled by 1/6/2021 10:40 AM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 55 Colonies/100mL 01/06/2021 Comment: Reviewed by: Report #:: 2021-00326 Page 1 of 1 Environmental Chemist, Inc., Wilmington, NC Lab #94 Client: , S -Q \t) R, Sample Receipt Checklist 6602 Windmill Way Wilmington, NC 28405 910.392.0223 Date: 1 `(A V Report Number: 2I - oo Jzl Receipt of sample: ECHEM Pickup ri, Client Delivery • UPS • FedEx • Other • • YES • NO �� N/A 1. Were custody seals present on the cooler? • YES • NO IIJ°Ao', N/A 2. If custody seals were present, were they intact/unbroken? Original temperature upon receipt 1. 0 °C or ected temperature upon receipt °C How temperature taken: • Temperature Blank Against Bottles IR Gun ID: Thomas Traceable S/N 192511657 IR Gun Correction Factor °C: 0.0 YES • NO 3. If temperature of cooler exceeded 6°C, was Project Mgr./QA notified? YES • NO 4. Were proper custody procedures (relinquished/received) followed? YES • NO 5. Were sample ID's listed on the COC? rof YES • NO 6. Were samples ID's listed on sample containers? YES • NO 7. Were collection date and time listed on the COC? YES • NO 8. Were tests to be performed listed on the COC? YES • NO 9. Did samples arrive in proper containers for each test? YES • NO 10. Did samples arrive in good condition for each test? g YES • NO 11. Was adequate sample volume available?' X YES ■ NO 12. Were samples received within proper holding time for requested tests? • YES • NO 13. Were acid preserved samples received at a pH of <2? * • YES • NO 14. Were cyanide samples received at a pH >12? • YES • NO 15. Were sulfide samples received at a pH >9? • YES • NO 16. Were NH3/TKN/Phenol received at a chlorine residual of <0.5 m/L? ** • YES • NO 17. Were Sulfide/Cyanide received at a chlorine residual of <0.5 m/L? • YES • NO 18. Were orthophosphate samples filtered in the field within 15 minutes? * TOC/Volatiles are pH checked at time of analysis and recorded on the benchsheet. ** Bacteria samples are checked for Chlorine at time of analysis and recorded on the benchsheet. Sample Preservation: (Must be completed for any sample(s) incorrectly preserved or with headspace) Sample(s) were received incorrectly preserved and were adjusted accordingly by adding (circle one): H2SO4 HNO3 HCI NaOH Time of preservation: If more than one preservative is needed, notate in comments below Note: Notify customer service immediately for incorrectly preserved samples. Obtain a new sample or notify the state lab if directed to analyzed by the customer. Who was notified, date and time: Volatiles Sample(s) were received with headspace COMMENTS: DOC. QA.002 Rev 1 ENVIRONMENTAL CHEMISTS, INC P.O. BOX 1037 WRIGHTSVILLE BEACH, NC 28480 Voice: 910-392-0223 Fax: 910-392-4424 E-Mail: teresa@environmentalchemists.com Bill To: NCDENR - DWQ - FAYETTEVILLE 225 GREEN STREET SUITE 714 FAYETTEVILLE, NC 28301 Quantity PLEASE USE THE P.O. BOX FOR ALL REMITTANCES. THANK YOU. INVOICE NUMBER 178900 Invoice Date: Jan 26, 2021 Page: Customer ID Customer PO Payment Terms 19020022 82-352 Net 30 Days ENVIROCHEM'S FEDERAL ID # Ship Date Due Date 56-1894379 1/20/21 2/25/21 Description Unit Price Amount REPORT #2021-01044 WATER: SCOTT McLANIB 82-83 DATE SAMPLED: 01/20/2021 CONTACT - TRENT ALLEN. STEVE GUYTON, KATIE FONTENOT 6.00 FECAL COLIFORM 1.00 TRAVEL/PICKUP EMAIL INVOICE REPORT HAS BEEN EMAILED. PLEASE REFERENCE INVOICE NUMBER ON ALL REMITTANCES IN ORDER TO PROPERLY APPLY TO YOUR ACCOUNT. CALL TERESA WOLFE OR FRAN GODLEY @ 910-392-0223 FOR QUESTIONS. 35.00 210.00 100.00 100.00 Subtotal 310.00 Payment/Credit Applied Total Amount Due $ 310.00 DWR LAGOON SURVEY RESULTS t - 82- oo 8 AJ 3 S co 74 / / (, ,LR/ /lc e-04r1.3 (ArrO0AI FA Zr—t 1,7,- 2. . 1 5 - trAi.eqy ) tA1/.440y, cool-1 4-P1 'F' STA 8 5 /4 r le - S ptevs 1-7 FP:,, ^7 too. oo -it I 41:7 7 iaVG 71 1 A 4- 6,11NrEtz, LErna I- ('' /2: .7J 741 97do 3 (fp , 5' Z 97.8s ,20 ti 7, / 0 7Z 6-7 • (0 (L Po bc.:1- ) 7,2 17.51 , 23 ?Z 6 i 2 ti 8 7 01) 9Z 77 5. 57,72 10 7. o 71 7Z V it 4,89 77,89 28 13 6,th 98.(c'a 30 i q t5 c cif3 98 „71 FREEB.,01 kTh ea) kea, 1(4' (1400 SS Fl-c7oP e. N.:,(ToP” ::-?.(e), IN C'l Plw 9 5A(v.P30A.) - oo' 3 sco r� //6'l4Z/ T IYe zA i t3 (Ljro F* rah, /�.2 s 3) 1 5112s, . 35 j4.J F 5 A- 5 .eaa v S uN� y f y J•.4.+a �, C6 04, , LA" aI.'" tea.✓. ' 7 g. 9 Li . $ sTA. 13,5 Hi F5 / p.5 18 5.5( 99. 2/ # 1 y . 77 ) 0 9«� 17 9i6.7.3 C 1 (Ha i5 _ Pavia 0 p 0.0 R.) 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IP I�3 le ,— v — • _ t r v r Ai- �. a - AO- • r } per 711. 11-7011 Scott M Larm b Farm 18t2 82-0083/lagoon design 19" per BIM �• s CI drop Ln]et drai Googie Earth Legend 8" corrugated p[astkc pFpe•outllet 14109. 7 4. 5 - - — -nu Ira �. _ 0- aMir M. a • - - _ . aM- _ — - — ! _ _ mEs•. + ^ - 4 4 1. L _ - — - • — 'r # - M.M. . — - ma ala _ _ - �� •. _ -• - - rEY- f t - - aIMM fi r a �k a- f dmiNP t - - - _ - - - - r �� _ a. ra EI' r- V - - - - -; # t - •_ _ • an. AIMEE" _ - .� __ _ • t• � = y- '�_- aa _ _ r - f -s _ . f- • - - r _ _ — - - r MEOW all: IMM.. - - - - ar La • - • a�f �� - - r Mr ra - - rt IME. M. • �� - s� - - - _�- �a NErmi _ - ... - # , - -- - - — - - - - - _ _ •ram — { __MIlw. —.. �I—. - • - - _-- - —ir- J. : — - �— •-- _ — mr- ro- • idiMmr • alp AN- s WEE r .Mra• .AM - a a. • - �! _ �' # { - ana �nera•f isli — — - ariPaa i a � E a - - - • _ • f — ismm a � E. 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' 'Ai.44.•fr,' P. • — • ' - • • . • . '" -7 7 - ,r• • • . " • 44' ; %.401111 rNt • • • •%. d - • . - iPa CLEAN UP / REPAIRS