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).
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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:
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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).
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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  & 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-
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4
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`'
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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
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