310082_Compliance Evaluation Inspection_20240717

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 310082 Facility Status: Active Permit: ADS310082 ❑ Denied Access
Inspection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit: Routine County: Duplin Region: Wilmington
Date of Visit: 07/17/2024 Entry Time: 11:00 am Exit Time: 1:00 pm Incident #:
Farm Name: Vestal I&II Farm Owner Email: [e-mail]
Owner: David John Kilpatrick Phone: [phone]
Mailing Address: 131 Oak Manor Ln Magnolia NC 28453
Physical Address: 885 NC Hwy 50 S Magnolia NC 28453
Facility Status: 0 Compliant ❑ Not Compliant Integrator: Murphy -Brown LLC
Location of Farm: Latitude: 34' 55' 56" Longitude: 77' 56' 17"
South of Kenansville. From I-40 west take the Hwy 903 exit. Turn right on to Hwy 903 north. Go straight through intersection with
Hwy 11. Road becomes SR 1959. Turn right on to Hwy 50 east. Farm is 0.3 miles on east side (left).
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name elwood garner 910-290-2481
Primary Inspector: Brian S West Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
Sign IRR-2 forms owner/operator. Keep winter crop yield in records
Page 1 of 5

Permit: ADS310082 Owner: David John Kilpatrick Facility Number:310082
Inspection Date:07/17/24 Inspection TypeCompliance Inspection Reason for Visit:Routine
Regulated Operations
Swine
Design Capacity Current promotions
Swine - Feeder to Finish 9,792 I 9,136
Total Design Capacity: 9,792
Total SSLW: 1,321,920
Waste Structures
Effective Built Closed Designated Observed
Type Identifier Date Date Date Freeboard Freeboard
Digester
DIGESTER
04/12/2017
110/25/2017
24.00
24.00
Lagoon
POLISH/STORAGE BA:
07/19/2005
1
27.72
42.00
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Permit: ADS310082 Owner: David John Kilpatrick Facility Number: 310082
Inspection Date:07/17/24 Inspection TypeCompliance Inspection Reason for Visit:Routine
Discharges & Stream Impacts
Yes
No NA NE
1. Is any discharge observed from any part of the operation?
❑
MEIEI
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
❑ 0
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑ 0
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑ 0
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes
No NA NE
4. Is storage capacity less than adequate?
❑
0 ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ larc
❑
0 ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
MEI
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
MEI
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicablE
❑
0 ❑
❑
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
Yes No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ 0 ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ 0 ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
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Permit: ADS310082 Owner: David John Kilpatrick Facility Number: 310082
Inspection Date:07/17/24 Inspection TypeCompliance Inspection Reason for Visit:Routine
Waste Application Yes No NA NE
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
0 ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
0 ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
0 ❑
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yes
No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
0 ❑ ❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
❑ ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
Crop yields?
❑
Page 4 of 5

Permit: ADS310082 Owner: David John Kilpatrick Facility Number: 310082
Inspection Date:07/17/24 Inspection TypeCompliance Inspection Reason for Visit:Routine
Records and Documents
Yes
No NA NE
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
0 ❑ ❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipmen
❑
0 ❑ ❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
0 ❑ ❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
0 ❑ ❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA 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 to provide documentation of an actively certified operator in charge?
❑
0 ❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ 0 ❑
Other Issues
Yes
No NA NE
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
0 ❑ ❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
0 ❑ ❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit %
❑
0 ❑ ❑
(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
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑
CAW M P?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ 0 ❑ ❑
34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑
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