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HomeMy WebLinkAbout820352_NOV-2021-DV-0170 Enforcement Packet w photos_20220430U.S. POSTAL SERVICE CERTIFIED MAIL RECIEPT SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J D TEACHY SOW FARM A&B MS. MARY JO ROBINSON PO BOX 965 WALLACE, NC 28466 n i IIII 11111 11111 1111 111 I I 9590 9402 6135 0209 3297 92 A. Si ❑ Agent ❑ Addressee B. Received by (Pr d Name) C. Dat of D ivery Zr"mk- �� �t )sp95/�9, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from seryj4Q j ;1 f a € ; i i ; 7020 0090 D001, 7206 9414 3. Service Type 0 Priority Mail Express® ❑ Adult Signature 0 Registered MailTM ❑ Adult Signature Restricted Delivery 0 Registered Mall Restricted Certified Mail® Delivery ❑ Certified Mail Restricted Delivery '<Retum Receipt for ❑ Collect on Delivery Merchandise CI Colf$pt p1igelive (Rei5I w6eci peiiv iy, i ❑ i nopture ConfirmationTM `' ! a�i;I'"'i°fiiiti°!f fi` r i t tureConfirmation ail Restricted Delivery Restricted Delivery J) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ 4> �(/ Sent To Street and Apt. No. City, State, ZIP+ r PO Bo Postmark Here 174/--?tlig.ek;Zi l.zrat,%`Y,CC• PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions i i USPS TRACKING # 111 11111 11111 11 9590 9402 6135 0209 3297 92 United States Postal Service First -Class Mail Postage & Fees Paid USPS Permit No. G-10 ° Sender: Please print your name, address, and ZIP+4® in this box° NCDEQ — DIV. OF WATER RESOURCES ATTN: STEVE GUYTON 225 GREEN STREET, SUITE 714 FAYETTEVILLE NC 28301-5095 Certified Mail service provides the following benefits: for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified • A receipt this portion of the Certified Mail label). • A unique identifier for your mailpiece. • Electronic verification of delivery or attempted delivery. • A record of delivery (including the recipient's signature) that is retained by the Postal Service" for a specified period. Important Reminders: • You may purchase Certified Mail service with First -Class Mail®, First -Class Package Service®, or Priority Mail® service. • Certified Mail service is notavailable for international mail. • Insurance coverage is not available for purchase by name, or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change the • To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. USPS postmark. If you would like a postmark on • For an additional fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailpiece, you may request Certified Mail item at a Post Office" for the following services: postmarking. If you don't need a postmark on this - Return receipt service, which provides a record Certified Mail receipt, detach the barcoded portion of delivery (including the recipient's signature). of this label, affix it to the mailpiece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; IMPORTANT Save this receipt for your records. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 NOTICE OF VIOLATION AND/OR NOTICE OF INTENT ROY COOPER cov(Tnor DIONNE DELLI-GATTI �t°�'�re°tire y S. DANIEL SMITH NQR l°l CAROL!NA l.)ir'ector En vtntttetiteal Quality April 30, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 9474 J D Teachy Sow Farm A&B Ms. Mary Jo Robinson PO Box 965 Wallace NC 28466 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2021-DV-0170 J D Teachy Sow Farm Permit AWS820352 Sampson County Dear Ms. Mary Jo Robinson: On January 20 and 21, 2021 staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the J D Teach Sow Farm and the peitiiitted waste disposal system. We wish to thank Mr. Curtis Barwick for his assistance on January 20, 2021 and Mr. Phillip Strickland on January 21, 2021. As a result of this inspection, you are hereby notified that, having been permitted to have a non - discharge peiiiiit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215. I OC - (Permit No. AWG100000 Section Conditions 11). North art;l#nit Department of 1-,ne:n 1< } ticvHk Regional Oflice '22 t�'tt iti clIO433„3:oo Division of Water- Res( trtc;es 714 ° F.:lycIte'villc°, Nor"1ir Page 2 Ms. Mary Jo Robinson April 30, 2021 On January 21, 2021, during a Structure Evaluation inspection site visit, DWR staff documented with pictures and water samples that waste was flowing from one of your hog houses at the foundation. DWR staff documented that waste was flowing from the house into the storm water drain system which discharges to a ditch which flows to another ditch on the adjoining property. The adjoining ditch is an unnamed tributary to Panther Branch. Water samples confirmed waste was present in this ditch. Required Corrective Action for Violation 1: DWR staff documented on January 20, 2021 that your staff contained the waste at the hog house preventing it from entering the storm drain system. Once the waste level in the lagoon is lowered, repair the leak in your foundation. In the future, monitor the waste containment system as required by your permit to prevent the discharge of waste. Explain to your farm employees the importance of reporting to you anytime there is any problems with the waste collection, treatment, storage and application system operated under this General Permit. Violation 2: The Permittee shall report by telephone to the appropriate Division 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: a. Failure to report any failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. (Permit AWG No.100000 Section III 17 a.). Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. DWR has no record of receiving the 24-hour notification and the 5-day written report concerning the discharge of waste from your hog house. On January 21, 2021, DWR staff noticed waste was flowing from your hog house during the lagoon bank inspection. DWR staff took a few minutes to look at the area and quickly discovered the waste was flowing into the storm water drain system. Mr. Strickland stated on January 21, 2021 that he had noticed the area of concern but thought it was rain water and did not investigate it any further. North (Thr,lhn;j C?r iz rtment «1 En3nnoc.nt<d (.1u lity £ Divisi Wate £Zegionol Ct4'3icc 7)', `it,ree:^t, Seitz "a°'l4 i Faytsat' illr'. N r't (a r•oIna ). J(at Page 3 Ms. Mary Jo Robinson April 30, 2021 Required Corrective action for Violation 2: In the future, train all of your employees on the events that require notification to the Regional office, and if you observe any of the events noted in the permit follow the guidance provided in your permit. Violation 3: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, the waste may be applied up to thirty (30) days prior to planting or breaking dormancy. — [15A NCAC .02T .1304(b)] (Permit AWG100000 Section II 2.). On January 20, 2021, DWR documented that the Sorghum Sudan grass was not harvested on most of the spay fields. On January 21, 2021, Mr. Strickland stated the corn crop planted in May failed due to heavy rain. Sorghum Sudan grass was planted on all of the fields listed in the WUP, and most of the fields have not been harvested. Due to the failure to harvest the summer crop, no winter crop has been planted. Mr. Strickland stated he did pump on the Sorghum Sudan grass on January 16 and 18, 2021, no winter crop has been planted. Required Corrective Action for Violation 3: If you have not already done so when weather conditions allow, you must harvest the Sorghum Sudan grass. Under normal conditions your WUP, which utilizes row crops, is designed to have multiple crops planted to allow more days to apply waste. Consult your Technical Specialist to review your WUP to determine the best crops to plant. Violation 4: Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge ways for any discharge of waste. [15A NCAC 02T .1304 (b)] Permit No. AWG100000 Section III 1). North Carolina Department of Eitvir riiental (stsal Division of \xz teT R.ersources t ev ile Rc gionr,) (?tt < < t2`, (.;rcren Street Suit t 3.3300 FoV tlevitic°, Nortol n;a 2Fi)01 Page 4 Ms. Mary Jo Robinson April 30, 2021 On January 21, 2021, DWR staff noticed waste was flowing from your hog house during the lagoon bank inspection. DWR staff took a few minutes to look at the area and quickly discovered the waste was flowing into the storm water drain system. Mr. Strickland stated on January 21, 2021 that he had noticed the area but thought it was rain water and did not investigate it any further. Mr. Strickland also stated he did not walk his lagoon banks as often as required by the Permit. Required Corrective action for Violation 4: In the future, require the OIC or a person under the supervision of an OIC to inspect the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge ways for any discharge of waste. Violation 5: In no case shall land application result in excessive ponding or any runoff during any given application event. [15A NCAC 02T .1304 (b)] On January 20, 2021, DWR staff documented that waste was ponded around the two reels located next to the lagoon. Deep ruts were cut into the field when the gun carts were pulled out which indicates the soil was saturated. This would cause the waste to pond in the ruts and the field. Next to the lagoon at the Z pipe, there was also waste ponded in a low area. Required Corrective action for Violation 5: Your lagoon level records indicated your farm had non -compliant lagoon levels for ten (10) months of 2020. DWR understands the above average rain fall for the year 2020, but you need to review your Waste Utilization Plan (WUP) and your staff management of crops planted and decisions on when to apply waste. Training of your employees concerning proper waste application and inspections of your entire waste collection system and application system is very important. Determine the cause of the ponded waste at the Z pipe next to the lagoon and make corrections to prevent this waste from ponding and return any waste to the lagoon. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before (May 30, 2021): 1. An explanation from the OIC for this farm regarding how these violations occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the fUture. North Carolina i [M)e•hzar t nnr n [ iyetteviilcRc&lion<lOffi&( inn it Division of Witter Resources seen Street Suit 'It4 j Fayetteville„ Nor tit Carolina 283()1 Page 5 Ms. Mary Jo Robinson April 30, 2021 You are required to take any necessary action to correct the above violations and provide a written response to this Notice by May 30, 2021. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. the vie ttin assessment ,Ee gg } s D Dena Aq.€ �'� y to .,,i..:�... E x. ,.there `(/ 'b' a o i c;� & 9�. _ � i. 3 cited, 'i. 1 t °;y' �.i. ' .� e 'a,. t h ,. ,3, a, a, Stwh. to?,.\.. i.; AA/riling response esio?Se will be rev icnAie el) r est18a 's .C.t forwarded to the Director aild included 1.b. cons?.. 111 f. 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 terns, 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 at (910) 303-0151 or me at (910) 433-3336. Sincerely, LDocuSigned by: 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: DWR - WQROS - CAFO Unit — Central Office FRO Compliance Animal Files-Laserfiche Prestage Farms North :.troUn i I) went ?i [nirt:,rrment,;;i y Diirst� et W ter f e source Rruvreu(ville R(ayic)r)acI Of fi(5' Str0OI ite /1,1 D1O,4.3:1.3: (2)() INSPECTION REPORT / NOTES Facility Number Division of Water Resources 0 Division of Soil and Water Conservation 0 Other Agency Type of Visit: Reason for Visit: om liance Inspection 0 Operation Review eructure Evaluation 0 Technical Assistance outine 0 Complaint 0 Follow-up 0 Referral 0 Emergency e'Other 0 Denied Access Date of Visit: Farm Name: Owner Name: 1 Arrival Time: Departure Time: azIlar-1 76 -T4 1 Mailing Address: Owner Email: Phone: Coun Region: Physical Address: Facility Contact: Onsite Representative: zir .> sTeree.eJ i. Title: Certified Operator: ?AT//f' a ` J ' Back-up Operator: Location of Farm: Latitude: Phone: Integrator: Certification Number: ieEsil" Certification Number: Longitude: Swine Other Design Current Capacity Pop. Other Dairy Cow Dairy Calf Dairy Heifer Dry Cow Non -Dairy Beef Stocker Beef Feeder Beef Brood Cow Wet. Poultry Design Current Capacity Pop. Layer Non -Layer Design Current Ca . aci Po 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? 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)? Other: ®Yes d. Does the discharge bypass the waste management system? (If yes, notify DWR) .Yes 2. Is there evidence of a past discharge from any part of the operation? /Yes 3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes ❑ No ❑NA ❑NE be--792191-A0-ex ❑ No ❑NA ❑NE ❑ No ❑NA ❑N 7 4,(m7,J ❑No ❑NA ❑NE ❑ No ❑NA ❑NE L31 o ❑NA ❑NE of the State other than from a discharge? Page 1 of 3 2/4/2015 Continued Facility Number: 7 r✓''. .. Date of Inspection: -- L-,10. �� r Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? n. Yes ❑ No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? Yes D No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): l f /` '" Observed Freeboard (in): 5. Are there any immediate threats to the integrity of any of the structures observed? (i.e., large trees, severe erosion, seepage, etc.) RYes ❑No ❑NA ❑NE 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes [ No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes ® No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ErYes ❑ No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. J'es ❑No ❑NA ❑NE • ❑ Yes No ❑ NA NE Yes ❑ No ❑ NA ❑ NE j-Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground n Heavy Metals (Cu, Zn, etc.) ❑ PAN n PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑'Outside of Acceptable Crop Window n Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 13. Soil Type(s): //e/L--/-ir 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes 0 No ❑ NA laNE 15. Does the receiving crop and/or land application site need improvement? ❑"Yes ❑ No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes 0 No ❑ NA ❑ NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes ❑ No ❑ NA ❑"NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes 0 No ❑ NA © NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? n Yes ❑ No ❑ NA [ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA ❑'CIE the appropriate box. WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. n Yes ❑ No ❑ NA LE n Waste Application n Weekly Freeboard n Waste Analysis n 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? n Yes ❑ No ❑ NA E. NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? n Yes ❑ No ❑ NA 12E Page 2 of 3 2/4/2015 Continued Facility Number: Date of Inspection: /.—, r 9 -l" TAr 24. Did the facility fail to calibrate waste application equipment as required by the permit? 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: ❑ Yes ❑ No ❑ NA jNE ❑ Yes ❑ No ❑ NA 21Ci1 ❑ Failure to develop a POA for sludge levels 26. Did the facility fail provide documentation of an actively certified operator in charge? 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes 34. Does the facility require a follow-up visit by the same agency? "Yes ❑ Yes ❑ Yes ❑ Yes 0 Yes [] Yes ❑ Yes ❑ No ❑NA 0-i'�E ❑No ❑NA 71-C1E ENO ❑NA ❑NE ❑NA ❑NE ❑ No ❑NA ❑NE ❑ No ❑NA EKE ❑ NA ❑ NA ❑ NA ❑ NE ❑ NE ❑ NE Comments (refer to question ): Explain any YES answers and/or any additional recommendations tJse drawings of facility to better explain situations (use additional pages as necessa Y hoer comments 1,/"- r /;;I'Z V fuhc— ,Cj��'���'Y--- �'°/n- ,� � �` L- _���'at _ l,. 'd 9aig 57,-;;Pe tepe2.. -z- t' n6' 5n)„.„, 570-, A.1,4 6-/ Pc71"---- ;y 7D rS an /?rx,,/,'04'�4 1, T-75T /� - r�"�'� l-r � / ® ci s't a , eA. 1.--ee. c' Y. ( L-I-b i 701'*-- f/e4/1".1 r/J3 y 1 N o C.icP1' #4di l'er",L rid P177'"0' f i/P6/-Z- ‘0,9_6 rierci.rccJ A47fT1.Co ��r%..5' f �D�tc� �J`�°°✓`�z: 4(-/`xJe D4-3'-"d r` C� re-s l7" " 44- ram /' 475 4a b ca' rDD 1 D ckpeukm-, el I.>C' 1 ta 7l?' 'A.Yr Vf,!>3 i g Reviewer/Inspector Name: Reviewer/Inspector Signature: D3—®(S Date: )00-77,2-10 `-?-4 Phone: Page 3 of 3 2/4/2015 Facility Number: Date of Inspection p 30, Additional Comments and/or Drawings: 7rr-/ r 2Gp f�l�-'.� ZV i r- /s it /616-'/ a ._ %2D,577f'4r 4e2er. 404,5 i j't �� �' 4 cfrr'tn �.g r 1-w`rfk?�� 3 ,"iek)6 ,__r_cr,_......_whickca_ay-Jd 74-7 k6,19„..-1,-t---e-tt4 /Jf',/,21 n:riZ.-4/ X•er#,-1-45 drf27/.. 5 � a fit.. °> (3 W �a b. z, Jc v c z 7/25/97 I/ 7 Facility Number e.Division of Water Resources 0 Division of Soil and Water Conservation 0 Other Agency Type of Visit:Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit: 0 Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access Date of Visit: Farm Name: Owner Name: -)isf()-t l Arrival Time: r/1P� �,.. Mailing Address: Physical Address: Facility Contact: f1 j ..i Departure Time: Owner Email: Phone: Region: , f4 Onsite Representative: Certified Operator: Back-up Operator: Location of Farm: Title: Latitude: Integrator: Phone: Certification Number: Certification Number: 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 Ot er Other Design Current Wet Poultry Capacity Pop. Layer Non -Layer Dry Poultry Design Current Capacity Pop. Layers Non -Layers Pullets Turkeys Turkey Poults Other Cattle Design Curren 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: n Structure ❑ Application Field ❑ Other: a. Was the conveyance man-made? 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? n Yes No DNA 0 NE " Yes ❑ No ❑ NA ❑ NE 0-Yes ❑ No ❑ NA ❑ NE , /16 / rf Yes ❑ Yes ❑ Yes ❑ No O..No ▪ No ❑ NA ❑ NA ❑ NA ❑ NE ❑ NE ❑ NE Page 1 of ' 3 2/4/2015 Continued Facility Number: Waste Collection & Treatment 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): RJ Yes ❑ No ❑ NA ❑ NE 13-Yes ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ... T' f - I 5. Are there any immediate threats to the integrity of any of the structures observed? I I 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 waste management or closure plan? n Yes [ to ❑ NA ❑ NE If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? Yes ❑ No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? n'"Yes ❑ No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require DI es ❑ No 0 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? 1 1. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ NE ❑'Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil Outside of Acceptable Crop Window n Evidence of Wind Drift n 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 0 NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes ❑ No ❑ NA 0 NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes 0 No ❑ NA ❑ NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes ❑ No ❑ NA ❑ NE 18. Is there a lack of properly operating waste application equipment? n Yes 0 No ❑ NA ❑ NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ 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. WUP Checklists ❑ Design n Maps n Lease Agreements nOther: 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? ❑ Yes ❑ No ❑ NA 0 NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA ❑ NE Page 2 43 2/4/2015 Continued Date of Inspection: 24. Did the facility fail to calibrate waste application equipment as required by the permit? 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the appropriate box(es) below. ❑ Failure to complete annual sludge survey n Failure to develop a POA for sludge levels n Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: ❑Yes ❑No ❑NA ❑NE ❑ Yes ❑ No 0 NA ❑ NE 26. Did the facility fail provide documentation of an actively certified operator in charge? n Yes ❑ No ❑ NA 0 NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes 0 No ❑ NA ❑/ NE Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or 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 0 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 ❑`Yes ❑ 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. 0 Yes 0 No ❑ NA Ei NE n Application Field ❑ Lagoon/Storage Pond n Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes Er No ❑ NA ❑ NE 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes ❑'CIO ❑ NA ❑ NE 34. Does the facility require a follow-up visit by the same agency? Q Yes ❑ No ❑ NA ❑ NE Comments (refer to question #): Explain any YES answers and/or any additional recommendations or any other comments. Use drawings of facility to better explain situations (use additional pages as necessary). /',.( .-e i �4• 1/ r_ /`. Reviewer/Inspector Name: Phone: Reviewer/Inspector Signature: Page 3 of 3 7 P ' r jJ'7fi �r. tea: DatK_ 2/4/2015 VIOLATORS RESPONSE AND NOTES •YJO RO VINSON Post Offix; Box 9 WALLACE, NC 28466 May 11, 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-2021-DV-0170) of April 30, 2021 and received by me on May 5, 2021 for JD Teachey Sow Farm (82-352) I submit the following: Violation 1: Failure to prevent discharge of waste to surface waters or wetlands. Due to the high lagoon level, caused by high rainfall, the waste discharge pipes going to the lagoon backed up into the hog house. Due to the abnormal level of waste in the pit of the hog house, waste seeped out of the house and into the surface water diversion behind the hog house and into a drainage ditch. My farm manager stated that he had seen some water around the back of the house and assumed it to be stagnant rainwater. After your staff brought to our attention that this was wastewater, we immediately placed clay and rock around the leaking area of the hog house, thus sealing it and stopping the flow from the house. We have repaired that area with a concrete patch to keep wastewater from leaking out. I have spoken with farm staff to make ,sure they visually inspect this area each time they inspect the lagoon. Violation 2: Failure to report to the Division Regional Office within 24 hours following first knowledge of the failure of the waste management system resulting in a discharge. I apologize for not notifying your office, however as your letter stated, my staff did not realize this was wastewater. If they had, we would have notified your office promptly. If this event ever occurs in the future, I will immediately notify your office. Not filing the 5-day written report was an oversite on my staff and my technical specialist's part. We were so concerned with the high lagoon levels and lining up waste hauling services that this was neglected, unintentionally. Violation 3: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields. Due to high rainfall amounts this winter we were not able to have our sorghum sudan harvested in a timely manner which in turn precluded planting wheat. We currently have a wheat/soybean and corn rotation at the farm. We normally have two different crops planted at any time so that we have an application window that is always open. The wet weather changed all our cropping plans in 2020 and the sudangrass was the only option we could use. As a result, our normal planting schedule has been disrupted. We will have both corn and soybeans planted this year so that we have year-round pumping available. Violation 4: Failure of the OIC or a person under his supervision to inspect the waste collection, treatment and storage structures to insure proper operation. My staff will make certain to follow the permit requirements for checking all structures at least monthly and after every 1" or greater rainfall event and to make sure that these inspections are documented. Violation 5: In no case shall land application result in excessive ponding or any runoff during any given application event. As you mentioned, the tremendous rainfall during all of 2020 and early 2021 has made it extremely difficult to manage our lagoons. I spent $130,000 hauling wastewater from our farm due to the continuous rainfall. My staff utilized every opportunity to apply waste and evidently there was some ponding after the last irrigation event. We will continue to lower lagoon levels to meet our permit obligations and will continuously train our staff as to proper waste application techniques and event timing. We have repaired the leaking Z-pipe at the lagoon as well. hope my response to each violation and planned changes and changes already made will show my commitment to operating my farm properly. Also, please consider that I spent $130,000 hauling wastewater which would severely limit my ability to pay high fines because of the discharge. The discharge of waste was a slow leak and there should have been little degradation of the environment because of this incident. regret that this incident occurred and that your office was not properly notified. If you need further information regarding this please call my farm manager Phillip Strickland at 919-915- 2117 or my technical specialist Curtis Barwick at 910-385-1000. Thank you for your attention to this matter. 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 info@environmentalchemists.com N C D E Q/D W R-Fayetteville 225 Green Street Fayetteville NC 28301 Attention: Date of Report: Jan 22, 2021 Customer PO #: Customer ID: 19020022 Report #: 2021-01044 Project ID: Lab ID 21-02548 Test Sample ID: Site: Source Method Collect Date/Time Matrix Sampled by 1/20/2021 12:20 PM Water client Results Date Analyzed Fecal Coliform SM 9222D MF >30000 Colonies/100mL 01/20/2021 Lab ID 21-02549 Test Sample ID: Site: Downstream Method Collect Date/Time Matrix 1/20/2021 12:13 PM Water Results Sampled by client Date Analyzed Fecal Coliform SM 9222D MF >30000 Colonies/100mL 01/20/2021 Lab ID 21-02550 Test Sample ID: Site: middle Method Collect Date/Time Matrix Sampled by 1/20/2021 12:16 PM Water client Results Date Analyzed Fecal Coliform SM 9222D MF >30000 Colonies/100mL 01/20/2021 Lab ID 21-02551 Test Sample ID: Site: Upstream Method Collect Date/Time Matrix Sampled by 1/20/2021 12:50 PM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 91 Colonies/100mL 01/20/2021 Lab ID 21-02552 Test Sample ID: Site: Downstream 2 Method Collect Date/Time Matrix Sampled by 1/20/2021 12:56 PM Water client Results Date Analyzed Fecal Coliform SM 9222D MF 20000 Colonies/100mL 01/20/2021 Lab ID 21-02553 Test Sample ID: Site: confluent Method Collect Date/Time 1/20/2021 10:51 AM Matrix Water Results Sampled by client Date Analyzed Fecal Coliform SM 9222D MF >30000 Colonies/100mL 01/20/2021 Comment: Reviewed by: Report #:: 2021-01044 Page 1 of 1 Environmental Chemist, Inc., Wilmington, NC Lab #94 Client: M C Receipt of sample: O YES O YES ❑ NO ❑ NO 6602 Windmill Way Wilmington, NC 28405 910.392.0223 Sample Receipt Checklist Date:) a al Report Number:02 l o1 o i ECHEM Pickup Client Delivery 0 It N/A N N/A Original temperature upon receipt o? . How temperature taken: IR Gun ID: Thomas Traceab UPS ❑ FedEx ❑ Other ❑ 1. Were custody seals present on the cooler? 2. If custody seals were present, were they intact/unbroken? °C Corrected temperature upon receipt 0 Temperature Blank Against Bottles le S/N 192511657 IR Gun Correction Factor °C: 0.0 °C 0 YES YES YES ❑ NO ❑ NO ❑ NO 3. If temperature of cooler exceeded 6°C, was Project Mgr./QA notified? 4. Were proper custody procedures (relinquished/received) followed? 5. Were sample ID's listed on the COC? il.K1 YES ❑ NO 6. Were samples ID's listed on sample containers? YES 1' YES iiir YES Of YES cv YES ❑ NO 7. Were collection date and time listed on the COC? ❑ NO 8. Were tests to be performed listed on the COC? ❑ NO 9. Did samples arrive in proper containers for each test? ❑ NO 10. Did samples arrive in good condition for each test? ❑ NO 11. Was adequate sample volume available?' RI YES O YES ❑ YES O YES O YES O YES O YES ❑ NO ❑ NO ❑ NO ❑ NO ❑ NO ❑ NO ❑ NO 12. Were samples received within proper holding time for requested tests? 13. Were acid preserved samples received at a pH of <2? * 14. Were cyanide samples received at a pH >12? 15. Were sulfide samples received at a pH >9? 16. Were NH3/TKN/Phenol received at a chlorine residual of <0.5 m/L? ** 17. Were Sulfide/Cyanide received at a chlorine residual of <0.5 m/L? 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 envirochem Analytical & Consulting Chemists ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Windmill Way Wilmington, NC 28405 OFFICE: 910-392-0223 FAX 910-392-4424 info@env ironmentalchemists.com Client:14C DM PROJECT NAME: Sa -'5a. REPORT NO: Zl -- I o 9 y ADDRESS: aa,GY1 `p j CONTACT NAME: PO NO: FQy-e-r" ,VI 1tP. , NC, REPORT TO: PHONE/FAX: COPY TO: email: Sampled By: KAnteilt7l- 3 5t-ZV-e *MY 1 SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other: Sample Identification Collection io w Composite or Grab Container (P or G) a O1 .c E c.)z LAB ID NUMBER PRESERVATION ANALYSIS REQUESTED Date Time Temp o z u = g m = 8 z x o a z - w O SDvicce I.ao.al ia'. c C 7-5'4 fecal dowflQt%eQm i J-ao.al lay 0� C 154i _ fecal G middle I aoai 12-Ile c 1-550 fecal G uPsttecum var.)] t1=5D , f-ecaf c downeQm 0, I-a°.al Va,: b4) c ( L15 S Z fecal — G con►v V(lb - �p'�,i ‘I = 51 c 0M G 25 s) 4,cc! C p G G C p G G Transfer Relinquished By: Date/Time Received By: Date/Time 1 at�'efont-exec -ttruce-)co-tIVIcur ►1 111 ' t• -��-.,, 1,2o—z1 lz 5 5 2. Temperature when Received: Delivered By: Comments: 2 , Accepted: v Rejected: Received By: -7� Resanlle Requested: Date: /- 20 - Z/ Time: TURNAROUND: 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 McLAMB 82-83 DATE SAMPLED: 01/20/2021 CONTACT - TRENT ALLEN, STEVE GUYTON, KATIE FONTENOT 6.00 FECAL COLIFORM 35.00 210.00 1.00 TRAVEL/PICKUP 100.00 100.00 EMAIL INVOICE REPORT HAS BEEN EMAILED. PLEASE REFERENCE INVOICE NUMBER ON ALL REMITTANCES IN ORDER TO PROPERLY APPLY TO YOUR ACCOUNT. 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