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040001_ENFORCEMENT_20181231
�. O�bF \NArE9PG Michael F. Easley, Governor William G. Ross Jr., Secretary 02 r North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality July 31, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiong 600 Jones Pond Road Polkton, NC 28135 Re: Notice of Violation/Notice of Intent Sludge Survey Report Xiong Farm NCA404001 Anson County Dear Pao Xiong: This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: 1. NPDES Permit Number NCA404001 Condition 111.16 requires a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted. DWQ has not received the Sludge Survey Report for this facility. 2. NPDES permit number NCA404001 condition III.19 requires that the permittee respond to the Division's record request within five (5) working days. On May 1, 2006, you received a Request for Information letter from the Division of Water Quality requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a response to the request. Required Corrective Action: Please respond to this request by filling out the attached Sludge Survey Report Form for the year 2005 as required by your NPDES permit and return it within ten (10) days to the following address: Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwatMualitv.org Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Telephone: Fax l: Fax 2: Customer Service: Nop Carolina Naturally (919) 733-3221 (919) 715-0588 (919) 715-6048 (877)623-6748 Pao Xiong ' Page 2 7/31/2006 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section of the Division of Water Quality is considering recommending an enforcement action to the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control you should include any such justification along with your written response to this notice. Please note that these violations are subject to civil penalties of up to $25,000 per day per violation. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Miressa D_ Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910) 433-3300. Sincerel J d. Step n A. Barnh d�t Aqui r ection Regional Supervisor cc: APS Central Files Cal -Maine Foods Division of Soil and Water, Fayetteville Regional Office Anson Soil and Water Conservation District W A T, a �O 9Q Michael F. Easley, Governor p William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 4 'C Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiong 600 Jones Pond Road Polkton, NC 28135 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Xiong Farm NPDES Permit No.NCA404001 Anson County Dear Pao Xiong. You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 1II.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March I of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterquaiity.ora Location: 2728 Capital Boulevard An Equal Opportunq/Affirmative Atlion Employer- 50% Recycled 10% Post Consumer Paper Dw Nor Carolina Jvatura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax I: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 Pao Xiong Page 2 April 25, 2006 =V enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, Steph . Barnhardt Aquifer rotection Regional Supervisor cc: cFacility File 4-1 APS Central Files Division of Soil and Water, Fayetteville Regional Office Anson Soil and Water Conservation District !I ?a Michael F. Easley, Governor William G. Ross Jr., Secretary 7 Noah Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality April 24, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiang 600 Jones Pond Road Polkton, NC 28135 Re: Request for Information Sludge Survey Report Xiong Farm NCA404001 Anson County Dear Pao Xiang: Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA404001 Condition I11.16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateraualitv.orp- Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer- 50% Recyded110%Post Consumer Paper 1v Carolina ,atura!!ry Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax l: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Pao &ong Page 2 4/24/2006 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541. Sincerely, _�t 4" Steph A. Barnhardt Fayetteville Regional Office cc: File-4=1T APS Central Files A Michael F. Easley, Governor yWilliam G. Ross Jr., Secretary ' �_ North Carolina Department of Environment and Natural Resources < Alan W. Klimek, P.E. Director Division of Water Quality June 14, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiong Rt. 2, Box 50A-1 Polkton, NC 28135 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Xiong Farm NPDES Permit No. NCA282713 Anson County Dear Mr. Xiang: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 1II.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain"the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2004 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by July 6, 2005 to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Ia0i" NCarolina tura!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enf.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-W48 An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Xiong Page 2 June 14, 2005 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by July 6, 2005. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact one of the Aquifer Protection staff members at 910-486-1541 or Keith Larick at (919) 715-6185. Sincerely, Step&iardt, n.BL.G. Aquifer Protection Regional Supervisor cc: Facility File 04-1 APS Central Files Division of Soil and Water, Fayetteville Regional Office Anson County Soil and Water Conservation District ANIMAL FACILITY ANNUAL CERTIFICATI tAwPo4o001 JUN 3 v 2005 DEN R-- AF YE1iEVlLLEREGIONALOFRCE Certificate of Coverage or Permit Number ��� County filV SO Ill Year 20q_5 Facility Name (as shown on Certificate of Coverage or Permit) Operator in Charge for this Facility _ f01t X I 0 N G Certification # 2tS�So Land application of animal waste as allowed by the above permit occurred during the past calendar year _ 1Z YES NO. If NO, skip Part I and Part Il and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. Part I: Facility Information: Total number of application Fields ❑ or Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): i4 Total Useable Acres approved in the CAWMP 2. Total number of Fields ❑ or Pulls ❑ (please check the appropriate box) on which land application occurred during the year: Total Acres on which waste was applied !�7. I 3. Total pounds of Plant Available Nitrogen (PAN) a plied during the year for all application sites: 27Z f �•3 fOoo 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 7$ Zq 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year ^ — tons ❑ or gallons ❑ (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: r),00 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest 5% 6 O 0 Smallest !g_ &0 0 (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) 8. Facility's integrator if applicable: Part II: Facility Status: IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. Only animal waste generated at this facility was applied to the permitted sites during VYes ❑ No the past calendar year. AFACF 3-14-03 1 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. S. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. P'Yes ❑ No R Yes ❑ No O Yes ❑ No L`'F Yes ❑ No ❑ Yes ❑ No lk�es ❑ No S. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. El Yes LAN o 9.• Annual soils analysis were performed on each field receiving animal waste during the "s ❑ No past calendar year. �/ 10. Soil pH was maintained as specified in the permit during the past calendar Year? 1rZes s ❑ No 11. All required monitoring and reporting was performed in accordance with the facility's L'i❑ No permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during S; `Yes ❑ No the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. �,` 13. Crops as specified in the CAWMP were maintained during the past calendar year on all Lam. Yes ❑ No sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. _ 14. All buffer requirements as specified on the permit and the CAWMP for this facility were U� s ❑ No maintained during each application of animal waste during the past calendar year. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." P� KtloNg- octl�tr�2 Pen-nittee Name and Title (type or print) AFACF 3-14-03 2 Signature of Permittee Date Signature of Operator in Charge (if different from Permittee) Date In 0� 9aLAk f (W loor 07 . W ( y ( c, kAxj + I- LAe- CR- AFACF 3-14-03 3 WArF9 Q 0 Mr. and Mrs. Pao Xiong 600 Jones Pond Road Polkton, NC 28135-7240 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 3, 2005 RE: Acknowledgment of Receipt of Payment Case No. DV 00-011 Pao Xiong Farm Farm # 4-1 Anson County Dear Mr. and Mrs. Xiong: Alan W. Klimek, P.E. Director Division of Water Quality RECEI D JUN - 6 2005 OENR - FAMTERLE REGIONAL OFRCE This letter is to acknowledge receipt of your check No. 482 in the amount of $126.12 on June 3, 2005. This payment satisfies in full the civil penalty assessment and the case has been closed. If you have any questions, please call me at (919) 715-6629. Sincerely, Steve Lewis Animal Feeding Operations Unit cc: ayetteville Regional Office File # DV 00-011 APS Central Files N�am�`ftCarolina Jvaiur2 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: ht_tp:/lh2o.enr.state.nc.u� 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirntative Action Employer— 500/6 Recycled/10% Post Consumer Paper o�u� wA r�9pC, _(3� Mr. and Mrs. Pao Xiong 600 Jones Pond Road Polkton, NC 28135-7240 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 7, 2005 RE: Acknowledgment of Receipt of Payment Case No. DV 00-011 Pao Xiong Farm Farm # 4-1 Anson County Dear Mr. and Mrs. Xiong: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVE® MAR 0 B 2005 OEM-FAYETTEVILI..E REGIONALOFFIGE This letter is to acknowledge receipt of your check No. 375 in the amount of $63.06 on March 4, 2005. The balance of the penalty is $252.36. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6629. Sincerely, Steve Lewis Animal Feeding Operations Unit cc: kayettegilldiRegionali@Mc M File # DV 00-011 APS Central Files Carolina urally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http:Nh2_o.enr.s1a1e.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper �Q� V A rFiQQ Michael F. Fadcy, Governor �0 v jNorth DLU William G. Ross Jr., Secretary Carolina Department of Environment and Nauaal Resources c, Alan W. IUiny-M.E. Director Division of Water Quality January 21, 2005 CERTIFIED MAIL El Ell RETURN RECEIPT REQUESTED ,jA�(2 005 Pao Xiong Route 2, Box 50A-1 Polkton NC 28135 Re: Notice of Violation Animal Facility Annual Certification Fonn Xiong Farm NCA404001 Anson County Dear Pao Xiong: E7cNR - F", l ti ltE'REG! �-, �., OW OFECE This letter is to notify you that the subject facility is in violation of its General Permit NCA404001 Condition 1II.12. Your NPDES Permit Number NCA404001 Condition M.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." On June 4, 2004, you received a letter from the Division of Water Quality (DWQ) notifying you of your failure to meet the Annual Certification requirement of your permit. As of today,DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2003 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return it within fifteen (15) days to the following address: ?A Cal Catyx North Carolina Division of Water Quality 1617 Mast Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6749 ---y—'.,"� . •� a.aa,., Fir_ 5n4G R vdedllO% Post Consumer Paper Pao Xiong Page 2 1 /21 /2005 Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Since this is an annual requirement, the Annual Certification Form for the year 2004 will be due on March 1, 2005. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Keith Ladck at (919) 715-6185 or the Fayetteville Regional Office at (910) 486-1541. Since }d L. Bush, Jr., Chief Aquifer Protection Section cc: Facility File 4-1 Fayetteville Regional Office ��l A O=O� w r�RQG June 2, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiong Route 2, Box 50A-1 Polkton NC 28135 Michael F. Easley, Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Re: Notice of Violation Devices to Automatically Stop Irrigation Events Xiong Farm NCA404001 Anson County Dear Pao Xiong: Alan W. iaimek, P.E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality DENR--ERO JUN 15 2004 This letter is to notify you that the subject facility is in violation of its General Permit NCA404001 Condition 11.16. Your NPDES Permit Number NCA404001 Condition 11.16 states: DWQ "Within one hundred and twenty (120) days of the effective date of a COC issued under this permit, the Permittee shall install, operate and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation. This condition does not apply to manure spreaders or other equipment pulled by manned vehicles. The Permittee will not be required to install, operate and maintain the devices if the Permittee commits to provide for the presence of the OIC or the designated backup OIC at all times during the land application of waste. This commitment must be submitted in writing to the Division prior to the 120th day following the effective date of the COC on a form supplied by, or approved by, the Division. On 3/29/2004, you received a letter from the Division of Water Quality (DWQ) advising you of the requirements of your permit. DWQ still has not received notification of your commitment on this matter. Customer Service: Malting Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50 % recycled / t 0% post -consumer paper httpJfi2o. enr, state. nc. us NCDENR Location: 512 N. Salisbury St Raleigh, NC 27699-1617 ■ . r Pao Xiong Page 2 612/2004 To avoid possible enforcement action for a violation of your permit, please fill out the attached form, and return it within fifteen (15) days to the following address: Keith Larick DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Keith Larick at (919) 733-5083 ext. 571 or the Fayetteville Regional Office at (910) 486-1541. cc: Facility File 4-1 Fayetteville Regional Office Central Files Sincerely, Jeff Poupart Non -Discharge Compliance & Enforcement State of North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Pao Xiong Xiong Farm Route 2, Box 50A-1 Polkton NC 28135 Dear Pao Xiong: ,T7?1;W'J IT 00 A&4 IV NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 5, 2001 FEB 13 200i Subject: Notification for Wettable Acre Determination Animal Waste Management System Xiong Farm Facility Number 4-1 Anson County A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Bob Heath on 3/30/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Bob Heath the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Bob Heath, at 225 Green Street, Suite 714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. It you have any questions please contact Bob Heath at (910) 486-1541. If within 90 days you are unable to provide Bob Heath with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2'6e11ow, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWO within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must'by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do riot hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Fayetteville Regional Office Anson County Soil and Water Conservation District Facility File i State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Michael F. Easley, Governor William G Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director January 15, 2002 MR PAO XIONG XIONG FARM ROUTE 2 BOX 50A-1 POLKTON NC 28135 D E N R J1ae r� �}�j r �.J� v L'0'JC SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case DV 00-011 Farm # 4-1 Anson County Dear Mr. Xiong: This letter is to acknowledge receipt of your checks No. 2755 in the amount of $63.06 received on January 15, 2002. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Steve Lewis at (919) 733-5083, extension 539. Sincerely, j4L,z k/Steve Lewis, Acting Supervisor Non -Discharge Compliance/Enforcement Sutw cc: Fayetteville Regional Office Enforcement File # DV 00-011 Central Files 1617 Mail Service Center Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper - North Carolina F1Lr Department of Environment and Natural Resources • 0 ffDivision of eater Quality .�••.�� Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director - CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Pao Xiong Rt. 2, Box 5OA-1 Polkton, NC 28135 SUBJECT: NOTICE OF DEFICIENCY Xiong Farm Facility No. 04 -1 Anson County Dear Mr. Xiong: March 2, 2001 On February 21, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an inspection of the Xiong Chicken Farm in Anson County. The inspection revealed that the farm storage pond (lagoon level) was estimated at 17 inches. The storage pond level marker indicated that the level was 23 inchesand appeared to be inaccurate. The Division of Water Quality requests that the following items be addressed: 1. Contact the local MRCS office for a copy of all storage pond (lagoon) design information to include storage calculations and as built drawings. Request assistance from MRCS with the placement of the storage pond level marker to insure accuracy. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Tansel Hudson - Anson County MRCS Cal -Maine Farms 225 GREEN STREET— SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 436-1341 FAX (910) 485-0707 W W«' INN STATE.NC.US/EN421 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER- 50a/a RECYCLED![ 0% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6 48 . ai NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 15,-2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Pao Xiong Route 2, Box 50A-1 Polkton, NC 28135 Subject: Notice of Violation Recommendation for Enforcement Pao Xiong Farm Facility No. 04-01 Permit No. AWP 040001 Anson County Dear Mr. Xiong: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On February 24, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine fly -over of Anson County. The fly -over revealed that what appeared to be waste was exiting the irrigation field and getting into an adjacent farm pond. Upon arrival you were notified of the situation and accompanied Mr. Hasty to investigate. The investigation revealed that waste was in fact entering the pond from the irrigation field. Samples were collected and sent to the lab for analysis. You indicated that when the pump was turned of� the remaining waste in the aluminum pipe left the system via a joint in the piping connection. This coupled with wet soils, due to recent rains, contributed to the discharge. The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid irrigation when the ground is saturated to reduce the risk of a discharge. GROUNDWATER SECTION 225 GREEN STREET. SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE:910-466-1541 FAX:910-486-0707 AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Xiong 3-15-00 Page 2 2. Check and/or replace joint seals in the aluminum pipe. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are also hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality. is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation for enforcement. This response should be received by this office on or before March 25 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Information provide to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Mr. Xiong 3-15-00 Page 3 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541. Zawls Regional Water Quality Supervisor cc: Sonya Avant -Compliance Group Robert Horton -Anson Co. MRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh Steve Lewis -Compliance Group Fast Track NOV Checklist Date --Uz) Time 3 : 3 O p- Onsite Rep facility Name j Par -ill Facility Location , .. ;+ice ri r r Sr►Is�� Name of Owner Address of Owner Z U IV C_ 2. 1— Name of Cert. Operator �� f rrtegrator T pe of Facility sow, feeder to finish, etc.) Q erct Number of animals onsite JVrnn Number of animals certified for q Q; Freeboard level :z i " Notes: �) 1` l e c"S j see- ' v- iT c".J4 Inspector's Signature Date 1y 5 LFacility Nwnber��_� �a/� Date of Inspection Time of Inspection ; . 24 hr. (hh:mm) Permitted © Certified [3 Conditionally Certified 1--] Registered 113 Not Operational Date Last Operated: Farm Name:_..!..............!.....`..f�....................... County:.......}J�L z Owner Name:........ (e t ...... L. Phone No: ...... fP.'. �_............................................... Facility Contact: ..............E. _...... C(/}I..Titic: ........ ......................... jo Mailing address: i`�e G . /.✓4�..... �/..!._..�.1......................................... Onsite Representative:....fao........:..... Certified Operator: ..................... ..............._. Location of Farm: ..........I ......................... Phone No: ........................_......_........ ._.I.v.................................. G�:s Integrator: -„........... { ( 1.{ z Operator Certification Number :,,,•,,,,,,,, , I& f..........................................................................................................'-•---......_........__..........................__.............._...._.....--.........__............._....-------.............................................� , Latitude Longitude Resign Current. Design Current , Swine .Capacity Population', Pouliey :. -Ca 'acity. Population Cattle . JOQ Layer ❑ Dairy ❑ Non -Layer ❑Non -Dairy - r—i n.r,or =, Total.Design, Capactty Total SSLW Design Current . Number of Lagoons . -= 2 ❑Subsurface Drains Present ❑ Lagoon Area ❑Spray Field Area Holding Ponds.%5oii.&Traps F� ' ❑ No Litlt�id Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon Spray Field ❑ Other a. If discharge is observed, was the conveyance, inan-made? b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/tnin? d. Docs discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 tK Yes ❑ No ❑ Yes )KNo JKYes _. El No ❑ Yes KNo ❑ Yes ;"0 ❑ Yes ONO ❑ Yes ❑ No Structure 6 Identifier: Freeboard(inches) ..._....,S, 1.................................................................... ...... ......... I.... ................................... ............---.......................---...................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, El Yes KNo seepage, etc.) 3/23/99 Continued on back Facility -Number: — S (late of litspection — 1 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e, residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31 _ Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the Bush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No +tional 1.omments'an or llr,11*Jn,s, ,� �_ s L_Y , . ` " t� w t.t r � lr`o�.c�t<"'j� -doe CL'j pU O sNr UE � ta•� c& i, was s ex 4t�.t. -�E --Geld r ea-r'IiFr- lrr:1oL4 vn eve -,A 1kJr,I «ham bS-e"u�d WA— If S 1e� i rk Ca � � eC'F��, T, ��+ '- J �ierC- � : re rt ll ic Ci iryA �G S� L ft �C-tCens ever' Ae t-i cv a.11k- tz+ -.�• {�r.� 6� -;� o .�"�c� Inns 3/23/99 lozi-IMI-M C�1 = C .j 111L.t9Ut7!-t- LNVIHUN LHYUHH 1 UHY Ili P01 QMicrobac Laboratories, Inc. ' tATRT'rzv1LL3 DIVISION NC #11 €" 817 CASTLE RAYNE STREET NC #31714 FAYETTEVILLE, NC 28303 USDA #3707 (910) 864-1920 / (910) 864-8774 (FAX) http://www.iiiicr(-)b,tc.com s CHEMISTRY • MLCRUi3iOLUGI' • I OOD SAFFTY . CONSUMER PRODUCTS WATER • AIR • WASTE'S • FOUL) • P1 IAA JTICALS • NUTRACKTrICALS CERTIFICATE OF ANALYSIS • y t. CLIBUT: NC DMM - M DATE R6C'D: 02/24/00 SAMPLED: 02/24/00 AMUSS: Wiachovia Building, Suite 714 SAMPLED BY: J. Hasty Feyett*villo, WC 28301 DSLIVERED BY: J. Hasty t CONTACT PZRSOM-. llr. J. Hasty SAMPLE CODE: W, Strew, Grab AC=M? NMER: OXII003 REFERENCE: Pao Xiang raa= SAMPLE ID: 1. haste Source - ID #00HE21307 2. Confluence Downatream #1 - ID #OOWD21308 3.' Pmd Downstream #2 - ID $OOWD21309 DATA RSVI1V= SY: DATE RRPORTED: 03/40/iift tta}}titttit}tttata}olio•raaaalaleta•aaaa+aaaaaa+a+►aatit}latli6aiillttitiiattiitiittii}t} JINALYBIs brrm0 1 s 3 aaaaaaaaa}}aatitaaataaataattaailiaaa++aaaa+a••+++a+••aa.la+aa.a•a+tai•iitf*tea}�ttiiaat•ai BOD (Ag/L) SP:t 405.1 1480 10.7 3.75 CDLIFORM, FECAL (per 100 m1) SM18 9222D 900 9 <9 i M12VAI'B jag/L) RPA 353.3 <1.0 <1.0 <1.0 aolritiR/: < # !Ann then > Greater than PAGE 1 OF 1 i f MC } FAYETTEVILUy REG. OF-FiGE s i" The data and other inforrnaUon conta +.ud o.m u,i•. .tr0 documents, represent only the Y E E A eemde(s) analyzed and Is rendered r;l;r,n thr onnjlic- ur.,s it is not to be reproduced wholly Dr in pan for wlrrarWlttq oroMer puMoses wttho0 wrrt•n approval from 0- tohv,riv!,,y liBdA @PA -NICER Testing Food San I. u r l g t^h-mr :a! and Microbio.ogiral Malyses and Raaearch i FAYE TEVILLE DMSION 917 Castle Hayne Street Fayetteville. NC 28303 Phone (910) 864-1920 Fax (910) 964.9774 CHAIN OF CUSTODY RECORD PAGE 1 OF CUEW RAKE & ADDRESS: Al C D R 2 �y� SISM, (p -IL -e i,r �ll e PON 06JECT LOCATION: GI.D ICI o-n ar s OF a T T E S TYPE OF ANALYSIS PRESERVATION CODE 1 � 0 f " + r * t! 5 CODE: A ■ -WC ONLY 8 ■ NN03 (ph<2j r e41C C a H2SO4 (OrM <40C �.. D- N A i e+ F a S + E � �� -) s�� WPLEP: DATE 1 METHOD OF SHIPMENT: LAB ID 0 SAMPLE TYPE DATE TIME COMP GRAD PH D.O. TtMP •c �aS4,e 2-zy-6Q 3 A c G ,z� ifeh-A4EnCE' 2-2dI-Ov y;avPIK 3 .il uk {Sipe} Date Time Receivednrtur R.ceivad by {SlpI DateTlmr 2y � �O� S� 2 �04uizhed by. {Slpnaturel Oat@ Time Received qr. (Slgn ) Date Time 3 4 ellnqui.hed byr. {Signature) Daa Time Received by-.. (Signaturel Date Time 5 6 elinqulehed W..{Spnatural Date Tlm. Received by. (Slpnatural Oal. Tlrnr �. 8 -7 Comments or Special Hazards: S�'Y ,tea GJ& GJ& `''"' �' - � f�-�` 3 � 1 i�lrr y �.�.,i: � ,�t�, ,sr���s[ ..._r�.��.-st �._fi•!� ���:x$-'+H.rr-' <i. x �L G��E�i!L�i _.`z �� �=}s Y_ ,�.- � •ys f•�^ ''" y,. Its. F -Ni r '1zAeb•�-�'Ft'`"J.�C"-'r'•[� -C'3 `�•z 3 :- �'r �_ ,� � _ f � r � 5 r�� fact �•„�'�.�t•..x .�..�..� - �e �s•- + •ram f*- i � vs�" 1i _e EM i.� K,r�►y� �:r' "� - , ��;,,�t:� ig,� .i..� g 1,5 E`-�._si -�t:?ti+t7: Y:�_•'�i. %�.:1 _.!�}7Y';�:-_-..� ._. - - �`�'..�: r*.:eyry s� �• ,. .-s Wit! 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Y.+'r _ r s M � t aw. ,� r .• r "-_ -y. • AI 4�v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 12, 1999 CERTIFIED MML RETIM RECEIPT REQUESTE Mr. Pao Xiong Rt. 2, Box 50A-1 Polkton, NC 28135 Subject: Notice of Violation Pao Xiong Farm Facility No. 04-1 Anson County Dear Mr. Xiong: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 21-1.0217, you have been found to be in violation of your 2H .0217 Permit. On March 30, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality performed an annual inspection of the Xiong Farm in Anson County. During this inspection it was noted that the weeds on the lagoon banks needed to be cut and possibly reseeded with a suitable cover grass, section II, item 10 of your General Permit No. AWPO40001, The freeboard records were not being maintained weekly as required in section 111, item 2 of the General Permit_ In addition, an irrigation pipe leak was observed on the lagoon dike that needs repair. Also, waste samples were not being collected as required in section III, item 4 of your General Permit. The Division of Water Quality requests that the following item(s) be addressed: Consult with a technical specialist for assistance in regard to the establishment of a suitable cover grass on the Iagoon dikes. 2. Begin immediately to maintain weekly freeboard records on the required form or another form as approved by the Division. Collect waste samples as close to the time of application or vithin 60 days of waste application. 4. Repair the irrigation system piping to prevent the waste from eroding the lagoon bank or running off the lagoon and possibly entering the adjacent pond 223 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA29901-5043 PHONE 910-4a6-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY 1AFFIRMATIV! ACTION EMPLOYER - 50%r RECYCLED/10% POST -CONSUMER PAPER ".�Ti `';min Mr. Pao Xiong Page 2 April 12, 1999 Your response should be received by this office on or before May 7, 1999. Failure to comply with the above conditions may result in the facility losing its permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486-1541. Sin ly, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant -Compliance Group Robert Horton -Anson Co. NRCS Audrey Oxendine-DSWC Fayetteville Office Central Files -Raleigh Cal Maine s ft NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ARID NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 16, 1998 CERTIFIED AIL RETURN RECEIPT REQUESTED Mr. Pao Xiong Rt.. 2, Box 50A-1 Polkton, NC 28135 Subject: Notice of Deficiene Administrative Code 15A NCAC 2H .0217 Pao Xiong Farm Facility No. 04-01 Anson County Dear Mr. Xiong: On April 8, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm, located on SR 1458 in Anson County. The inspection revealed that record keeping needs improvement. You need to start keeping records on the IRR-2 form as well as the IRR-1 form. The Division of Water Quality requests that the following item(s) be addressed: 1. Get with a technical specialist to get correct PAN loading rates for crops and get irrigation records transferred to the 1RR-2 form for proper nitrogen balance. Please provide a.written response to this office on or before May 4. 198 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from this deficiency. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1 541 FAX 910-486-0707 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 509( RECYCLED/10% POST -CONSUMER PAPER Mr. Xiong 4-1 6-98 Page 2 If you have any questions regarding this matter, please do not hesitate to contact Mr. John Hasty, Environmental Specialist, at (910) 486-1541 Sincerely, /ohnC. Hasty, Jr. Environmental Specialist cc: Sue Homewood - Compliance Group Robert Horton - Anson Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh RECEIVED HAY 0 a 1998 � qp D FAYETTEVILLE REG. OFFICE 2. fie & CIIIL� no A c- e- �o 7 4e 4nso-n Coo_ "W S -b [-Orve,& t'/— . C 5-f r� (ko(-? &fn � my 4�6 P'U kf�, State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Attn: Say Lee 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 25, 1998 �'F1� '� —� � �EgVEil Say Lee Farm M v 2 b 1998 Rt 2 Box 63-E Polkton NC 28135 FAYET TEVILLE REG. OFFICE SUBJECT: Retraction of Civil Penalty Say Lee Farm Facility #: 4-1 Anson County OV 97-2 Dear Say Lee: On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil penalty against the owner of the subject facility far failing to designate an operator in charge of the animal waste management system, After a review of the information submitted in your remission request and given the current status of this farm it is my decision to retract the civil penalty assessed in case number OV 97-2 and close our file on this matter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you decide in the future to increase the number of animals at this farm above the threshold numbers established by 15A NCAC 2H ,0217, you must first comply with all requirements including designating an operator in charge for the facility. Thank you for your assistance in this matter. If you have any questions, please call Shannon Langley at 733-5083, ext_ 581. Sincerely, 1 i A. Preston Howard, Jr., P.E. cc: Facility File — Non -Discharge Compliance/Enforcement Unit Case file # OV 97-2 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affi mative Action Employer 50%a recycled110% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 31, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Say Lee Say Lee Farm Rt 2 Box 63-E Polkton NC 28135 4 7,LA� �EHNF� RECEIVED NOV 1 2 1997 FAYETTEVILLE REG. OFFICE Subject: Notice of Violation and Assessment of Civil Penalty for Violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 Say Lee Farm Facility #: 04-001 Anson County Case #: OV 97-002 Dear Say Lee: This letter transmits a Notice of Violation and a notice of a civil penalty assessed against Say Lee in the amount of $500.00, This assessment is based upon the following facts: Say Lee operates an animal operation and associated animal waste management system in Anson County. As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 a certified operator in responsible charge is required to operate the subject animal waste management system. In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having : an animal waste management system must submit a letter to the Certification Commission, Division of Water Quality (DWQ), Technical Assistance and Certification Group, which designates an Operator in Charge with the appropriate type of certification. This letter must be signed by the owner and the certified operator and be submitted to the Certification Commission by January 1, 1997 for all facilities in operation as of that date. In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management facilities who had not designated an operator with the DWQ. P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer ,1 Telephone 919-733-5083 Fax 919-715-6048 50% recycled/10% post -consumer paper Say Lee failed to designate an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system, in accordance with 15A NCAC 8F .0201(a). Based upon the above facts, I conclude as a matter of law that Say Lee violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. A civil penalty of not more than $1,000 per day may he assessed against a person who is required but fails to designate an appropriately certified wastewater treatment operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500. Based upon the above facts and conclusions of law, I hereby assess Say Lee a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 pursuant to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. Please find attached another Operator in Charge designation form. Please complete this form and return it to: WPCSOCC Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 If the aforementioned operator designation form is not at the above address within 30 days of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each day that the operator in charge designation is not submitted. You may contact DWQ's Training and Certification Group at (919) 733-0026 for information about designating a certified operator. Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division ofWater Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 or 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the. North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 M Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc:LRegional-Supervisor w/-attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments 0 STATE OF NORTH CAROLINA EiWIRONTMENTAL MANAGEMENT COMMISSION COUNTY OF N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNIENISTRATTVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having -been assessed civii penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, _ , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 19�. SIGNATURE ADDRESS ANIMAL WASTE_ MANAGEMENT SYSTEM OPERATOR IN CHARGE DESTGNA'T`TON FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: County: OPERATOR .l;�fi CHARGE Home Mailing Address. Cit- State Zip — Certificate Social Security Wort; Phone Home Phone Signature Date OWNER Mailing. Address. City— S Late Zip Telephone= Signature_ _ Date_ Please Mail to: WPCSOCC Division of Water Quality P. O. Box 29535 Raleigh, N.C. 27626-0335 w State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Pao Xiong Rt. 2, Box 50-A1 Polkton, NC 28135 A ffl�NXA %now 1DEHNR DIVISION OF WATER QUALITY April 4, 1997 SUBJECT: NOTICE OF DEFICIENCY Say Lee Farm Facility No. 04-01 Anson County Dear Mr. Xiong: On March 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Say Lee Farm. It was observed that your lagoon had less than the required amount of freeboard and was dangerously close to overtopping. The inspection also revealed that there is some erosion around a leaking pipe next to your pump house between the two lagoons. The vegetation around the lagoons needs to be cut back to ensure that there are no hidden problems associated with burrowing animals, such as muskrats. A start -stop pumping marker should be installed and would help to determine when you are in the crucial zone for irrigating. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Immediately initiate measures that will lower the lagoon to the required level of seven inches of freeboard for lagoons with an emergency overflow. 2. Immediately repair the erosion on the waste holding pond walls. 3. Mow around the lagoon banks to rid them of overgrowth. Please provide a written response to this office on or before ApaL}1997 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Wachovia Building, Suite 714, Fayetteville N�AW FAX 910-486-0707 North Carolina 28301-5043 r C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50°.6 recycled/10% post -consumer paper w �• Mr. Xiong Page 2 April 4, 1997 If you have any questions concerning this matter, please call Robert Heath or John Hasty at (914) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/jh cc: Operations Branch Central Files Audry Oxendine, FRO, NC DCSW Robert Horton, Anson Co. NRCS I * IGI Routine 0 Cornntaint 0 Follow-up of DWO Inspection 0 Follow-up of DSWC review 0 Other -1 I Facft Number I Farm staftc Daft O(hVftftn. Tj= of hapectkn I 741�—JUseUhr. time ITotd 71me (in boars) Spent onRgvkw or Inspection (includes tmvd sod processing) Farm ?Ww. e f! S rot C..Wr OwiuwName: n Phone No: & Mailing Addrm.- t AelrJ tic 28135 Onsite Representativir. P0.0 x-OrLa 01 ma I Certified Operator. Operator Certification Number. Location of Farm: Lo ngkude 113 Not 2Mratlonal I Date Last Operated: Type of Operation and Design Capacity 'M=n SUMP" Wean o Feeder " Feeder to Finish ia A Bad NID-w- FFEttoo EWeeeadner FmwBIM other Type ofLivestock Number of i,agoons Holding Ponds 4 R Subsurface Drains Present Lagoon Area . Spray Field Area Pperal 1. Amthere: day bu:&n&Wneed UM;nt=n=r 13 Y6' 19No Mcs 13, No 2- Is my dischargeobsomcd fim my part of the opendn? aL lf&schavisobserved, was the bmweymmmad made? E3 yes DWO b lfdischarge u&=v4&darawhtwf=Wst=?Qfym=*DSV).� 13 Yes -C] No A - C. If discharge is observed. what is the esdmaW flow in pMmin? dL Does discharge bypassA kgoon system? (If Yes. notify DWQ) No 3. h diem evidence ofpast dischuge ftm any past of the Wersd=? Yes NO 4. Was them any adverse impacts to the waters of the State *dw than fiom a discharge? D Yes JqNo S. Don my pan of the waste management system (other than kgoonvUldhn ponds) requftv PYes )dNo * b ficility not in c=pHz= with any applicable aetbacJt cabcda? * Did the facHiry fag to have a wed operator in nVonsible charge (if inspection agar 1/M? - S Are there lagoonx or storage ponds on site which m e d to be properly rdosedY Struetures Magoon and/or Holding Pons) 9. b Mumusl fimboard less d m adequate? Fnmboard (&}s l L Won 2 Lagoon 3 10. Is seepage observed from any of the strvcAaea? 11. Is emik m, or any other @meats to the integrity of any of the stnu turns observed? 12. Do any of the structures need (If any of questions 9-12 was answered per, and the situation poem an Immediate public health or environmental threat, notify DWQ) M Do any of the W=Wres lank adsluate markers to idsa* start and stop Pumping levels? �4zaste Avnlication - - 14. Is dwe physical evidence of over application? (1f in excess of WW. or =off enteriag waters of the State, notify DWQ) 15. Crop type fe�Ar 16. Do the active camps differ with time designated in the Animal. Waste Management plea? 17. Does the facility have a lade of adtquate acreage for ]sad application? 18. Dons the cover crop need improvemsat? 19. Is there a lack of available irrigation equipment? ME Certified IFacll ties Only 20. Does the facMW fail to have a copy of the Animal Waste Managerueat Plan readily avashie? 21. Does the fscdity W to c coyly with the Animal Waste Management Plan in nay way? 22. Does mcmd keeping need =p vvemtafl n Yes No 10 Yes 13 No 13 Yes PJ No Yes 13 No *Lagoaa 4 [3 Yes M,No M Yea V No, Ryes (] No $� Yes ❑ No (3 Yes OfNo- C3 Yea KNo 13 Yes ® No O Yes Q No 0 Yes RNo 23. Does facility require a follow up visit by same agency? 24. Did ReviewevInspector fail to discros mviawrbq , ction with owner or operator in charp? Ca nme"I is (refer to'questeart •Explain any Y 5 answers $adlor airy ietaanm pas- a Iri V other'oo ti Usedrawmgxoffacilitytobettcredam.sttuatioaia:(�seaddmmialpeges'�s,�*-�o' It 3 t,14r� end o� la,�eow� ( low i"f) :d' 7 Mr. AIRS iS Wa+ +r.S -r.,r o '-s class 4c be -Al.-TbWre. 1S So...e arosio- grots-A a lseek+'w9 Q pe ne04-1v P` ,.? h,,U +Lett nsa4s L*V- r-0-- — T►►ors i s ^1110 vpSc}, Lg • *,,"PA horror �aarw+�di st 13 l.^jae.►r ne A S6r+' S+VP PL41' Pj g i �ae+�2 i�as v<ry I:{}�e lrriee�mre>(• Laa�^ L" D Yes [3 No ❑ Yes ❑ No L3 Yes 17 No D Yea -I3 No 0 Yes 13 No Revkwer4nVector Name RevfwerAWspector Sigoatwv- e&r Dliddan of Mmiar Onalier- NWar r .-- lMU.- 3 FE--27 1 IM vutine O Cam taint O Follow-up of DWQ ins ection O Follow-up of DSWC review O Other Facility Number Date of Inspection Z� 9 ( I •Time of Inspection 1 ; i � Use 24 hr. time Farm Status: �e 3r 5 ter?ciTotal Time (in hours) Spent onReview or Inspection (includes travel and processing) Farm Name. SR f L e P La tr►1 .._..._ County: Soul Owner Name: Ln ' 1Qrjr_ Phone No: �Z(o & Marling Address: -- 213e,4 .56 ' i�,� .,.. i�ol K�ot) Z $1 3 5 - -_nQ Onsite Representative: -- f JQ XL o oa l _ Integrator; 0' Certified Operator. Operator Certification Number- Locatioo of Farm: Latitude �.J • �� u Longitude Q• 0` Q • 10 Not Operational Date Last Operated: Type of Operation and Design Capacity ^;C�+s„-.:: f-✓..kc ..�a..- " ✓ -. '�..r-04 , <'•,�3::.„. ,,egts 4,'.° as �.•" „ '�'z'°^-,?s�°"YaX?= '>'."y 9�q..i�i£ `t'ae i` �. " aY .. Number .��Pflolh, ;.F Number ,. ,Catde�T_iimber x _ Wean to Feeder by Dairy y:•❑# k ❑ Feeder to Finish Non-Layq ❑Beef Farrow to Wean 4�w , Farrow t ceder jn Farrow to Finish ❑ Other Type of L.ivestock_"'�s .,e, - hx: �- ��" :.": '-� .�{,u� s"i%�s,<"� ry'e�±'aU.r���,�=",`.' t`' -. „¢".a "°e Sri-_'�.°°`,� .fir • .:°��x�= �y��T"` :x ' "€ x _ �< y .isy,�.. y �jy��^r.!?ki„r'."-�. v-r.. >.4. ..'?a'++e) .6. !i.'� Y .1 F- }f h 1..., .+t.'v.V'k .Ssf4 �•Vz. �.y �£--''X Y�rM ......#SST" cue�,.� 9 r4w .09 +t } t 'r,�wt4kF "tt-'," i ,,•+ t .: se -R;s'.# Number of _L`agoons'/ Hald�ng Ponds ❑ Subsurface Drams Present -+t$a'�M� �-' �.,°3"=�"f' �k .�, �• cR..��`�� 'k ",fir x �,3�% ate, .� � i. ' • .� .. ❑ Lagoon Area ❑Spray Field Area I. Are there any buffers that need maintenancelimprovement? ` J- ❑Yes' 2- Is any discharge observed from any part of the operation? ,_ •r ❑Yes No - a. If discharge is observed, was the conveyance man-made? - . • Yes 13No b. If discharge is observed, did itacach Surface Water't Qfyes, notify.DWQ) : _ ❑ Yes .❑ No c. if discharge is observed, what is the estimated flow in galimin? d. Does discharge bypass a,lagoon system? (If yes, notify DWi ) 3. Is there evidence of past discharge from any part rof the operation? - 4. Was there any adverse impacts to the waters of the State other than from a discharge? S. Does any part of the waste management system (other than lagoonslholding ponds) require maintenaace/improvemcnt? _ '..a�- Yes ❑ No tj Yes o ❑ Yes JANo 19Yes )ffNo 6. Is facility not in compliance with any applicable setback criteria? 7. Did the facility fad to have a certified operator in responsiible charge [if inspection after 1/1/97)? 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures moons and/or Holdin�onds 9. Is structural freeboard less than adequate? Freeboard (ft): ,Lag.a 1 Lagoon 2 Lagoon 3 10. Is ,seepage observed from any of the strachm? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenancerunprovement?• (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Rraste A lication 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type e5 Q--L-iP 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvenient? 19. Is there a lack of available irrigation equipment? For Certified l*ac0ities Oniv 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/Inspector fail to discuss reviewfmspection with owner or operator in charge? ❑ Yes 14 No 01 Yes D No n Yes ONO R(Ya ❑ No 'Lagoon 4 ❑ Yes CM ❑ Yes JUNo ,Yes ❑ No It 3 U-Q& eKl 04 10.geo W ( tow rozo) =t 7 >,1r: X iePt is ;ar o or's clams 4o be Sc W41eJ. -AZ. -Tvere is 5a,"e erosio- cweuna a leak; wcj V-?'- ne*+ 40 Pec,+•Q hewSe +kmm necas a4eKk;O - r T)%gre is also vagc}�eer. CXCOL4+.A i 'fkm+ RBeaS �►tavin�� Z ��el��t,} 8 u 13 ne.&A s6-+-5+oP f 4b%P' 11'~6 LZLI °° *k'j q t Q„16,,. �2 ti,A,,s vary I;#ale 4,aelQ=4- Lague^ - 0 Yes ❑ No ❑ Yes PfNo ❑ Yes KNo 13 Yes ® No ❑ Yes Q No ❑ Yes U[No ❑ Yes ❑ No ❑.Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Reviewer/Inspector Name z r = "`r ?" 6 Reviwer/Inspector Signature: f12Date: _ 3„ZS cl -7 CC. Division of Water Quality, lkater Quality Section, FacilityAaaessment Unit i 1; W96 ft State of North Carolina Department of Environment, Health and Natural Resources FayetteAte Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Pao Mong Rt. 2, Box 50-Al Polk -ton, NC 28135 e�a IDEEHNF;Z DIVISION OF WATER QUALITY April 4, 1997 SUBJECT: NOTICE OF DEFICIENCY Say Lee Farm Facility No. 04-01 Anson County Dear Mr. Xiong: On March 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Say Lee Farm. it was observed that your lagoon had less than the required amount of freeboard and was dangerously close to overtopping. The inspection also revealed that there is some erosion around a leaking pipe next to your pump house between the two lagoons. The vegetation around the lagoons needs to be cut back to ensure that there are no hidden problems associated with burrowing animals, such as muskrats. A start -stop pumping marker should be installed and would help to determine when you are in the crucial zone for irrigating. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Immediately initiate measures that will lower the lagoon to the required level of seven inches of freeboard for lagoons with an emergency overflow. 2. Immediately repair the erosion on the waste holding pond walls. 3. Mow around the lagoon banks to rid them of overgrowth. Please provide a written response to this office on or before April 15.1927 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Wochovia Building, Suite 714, Fayettevme N%0FAX 910-486-0707 North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer Voice 91 GA86-1541 50% recycled/ 10% post -consumer paper Mr. Xiang Page 2 April 4, 1997 If you have any questions concerning this maw, please call Robert Heath or John Hasty at (910) 48b-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/jh cc: Operations Branch Central Files Audry Oxendine, FRO, NC DCSW Robert Horton, Anson Co. MRCS State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B..Howes, Secretary A. Preston Howard, Jr., PE, Director April 3,1997 APR 0 7 1997 Say Lee Say Lee Farm Rt 2 Box 63-E Polkton NC 28135 SUBJECT: Notice of Violation Designation of Operator in Charge Say Lee Farm Facility Number 04-1 Anson County Dear Mr. Lee: You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section cc: Fayetteville Regional Office Facility File Enclosures P.O. Box 29535, Ni;cAn FAX 919-733-2496 Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan S. Howes, Secretary Mr. Pao Xiong Rt. 2, Box 50-A1 Polkton, NC 28135 [DEHNR DIVISION OF WATER QUALITY April 4, 1997 SUBJECT: NOTICE OF DEFICIENCY Say Lee Farm Facility No. 04-01 Anson County Dear Mr. Xiong: On March 25, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Say Lee Farm. It was observed that your lagoon had less than the required amount of freeboard and was dangerously close to overtopping. The inspection also revealed that there is some erosion around a leaking pipe next to your pump house between the two lagoons. The vegetation around the lagoons needs to be cut back to ensure that there are no hidden problems associated with burrowing animals, such as muskrats. A start -stop pumping marker should be installed and would help to determine when you are in the crucial zone for irrigating. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Immediately initiate measures that will lower the lagoon to the required level of seven inches of freeboard for lagoons with an emergency overflow. 2. Immediately repair the erosion on the waste holding pond walls. 3. Mow around the lagoon banks to rid them of overgrowth. Please provide a written response to this office on or before April 15, 1997 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Wachovia Building, Suite 714, Fayetteville W. FAX 910-486-0707 North Carolina 28301-5043 Nif4 An 1=qual Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper to Mr. Xiong Page 2 April 4, 1997 If you have any questions concerning this matter, please call Robert Heath or John Hasty at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/jh cc: Operations Branch Central Files Audry Oxendine, FRO, NC DCSW Robert Horton, Anson Co. NRCS 1 1M ltavtine O Complaint O Follaw-un of DWO insaection O Fallow-ua of DSWC review O Other ---i Fatuity Number Farm Status: + er%ZJ__ . _. . Date of Inspection I -V?-r1q 71 Time of inspection 'f Use 24 hr. time ITotal Time (in hours) Spent onReview �I or Inspection (includes travel and processing) Farm Name: --SAY L e P La rr" coal".. A-Y, Sony Owner Name: Phone No: Mailing Address: �� . ? N C Z $ 13 5— Onsite Representative: ! 0. D 4; Q Cerdffi d Operator: Operator Certification Number: Location of Farm: Latitude Lopgitude Q• �0` © Not Operational Date Last Operated: - Type of Operation and Design Capacity - Number Wean to Feeder � �r xHUM PN pa r, Daby Feeder to Finish Non- Beef Farrow to Wean x ,F x .x x... Farrow to Emft T� 1[3Farrow to Finish.0 Other Type of iivestoc]c t -•-��;:«.a'vf �?, .�.,?�=; �,i;�"r�„ °"? �2ie �, -*r 3 '�'Yr: _� �'k l �� �„1• r "�k: ww44 x.:Z'" gr M �, �,: :"% � ,..��- ,+S 1 .R�'?[^S ', �.,�'il1e'•I. . 4. �.��, � "�Yrn.` � .�� �.. ,�.{_'�r Number of i:agoans 1 Holding Por�$s Subsurface Drains Present ;�•.,�. 3 µ � :�, � �` Lagoon Area . ���- Spray Field Area s . r-;ra. ..x+.z�x,.».Qi h ,.., ,.. "'�' 'c, .� e�'c�d,... ��ras•a'_� ��`!�: a ;r... Pen 1. Arc there any buffos that need mainteaan=runprovcMzWt 2 Is any discharge observed from any part of the operation? . a If discharge is observed, was the conveyance man-made? b. If discharge is observed, did !reach Surface Watdt (Wyes. notify DWQ)., . c. If discharge is observed, what is the estimated mated flow in gal/min? d Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is. there evidence of past discharge from any part of the ope atiam? 4. Was there any advm a impacts to the waters of the State other than from a discharge? S. Does any part of the waste management system (other than lagoonsUlding ponds) mquim mainteaaacel—Wrovemrent? Q.Yes tANo E3 Yes 13 No D Yes -C774o " ©Yes .El No :. loves ❑ No IJ Yes o 13 Yes ANo Jay. gNo 6. is fiteility not m compliance with any applicable setback aderla? ❑ Yes 10 No 7. Did the facility fas3 to have a certified operator in responsible charge (€f inspection after 1/1/97)? Yes El No S. Are these lagoons or storage ponds on site wbicb need to be property closed? El Yes ;V No Itructures (Lagoons rind/or Holdlg Ponds 9. Is structural fseeboaTd less than adequate? Freeboard (B): on 1 Lagoon 2 Lagoon 3 10. Is.sieepage observed from any of the sau:tmess? . 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need mans (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the strtrcttues lack adquate markers to identify start and stop pumping levels? Waste A -A- 2piication la. Is there physical evidence of over application? _(if is excess of VIW, or runoff entering seaters of the State, notify DWQ) 15. 00P type 16. Do the active crops differ with those designated in the Animal Wam Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the eaysa crop need imprvvamsnt? 19. Is there a lack of available irrigation equipment? En Certified Facgities Qnit� 20. Does the fecitity fail to have a copy of the Animal Waste Managenestt Plan seedily available? 21. Does the facility fail to comply with the Aaimai Waste Management Plan in say way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by some agency? 24. Did ReviewevUspettor fail to discuss reviewtmspcetion with owner or cpetatar in charge? R(Yes ❑ No 'Lagoon 4 ❑ Yes Wo ❑ Yes 7ELNo ;,Yes ❑ No $� Yes ❑ No ❑ Yes 01146, ❑ Yes RNo ❑ Yes ®No ❑ Yes 14 No E3 Yes RNo 13 Yes ❑ No E3 Yes 13 No 13 Yes El No ❑ Yes -E3 No Q Yes E3 No Commcats (refer to question yExglam arty YESuswets aisd/or siiy sedmiaidatsons.tii aa�yhcrcoiimneat�a 'a L 4 uSe dra ; of facrltty to bettcf edam sttuatsons. f use )a "t, -03 L)4rf eKl &taScat s ( loco per.+) 7 srar oPen `s Class 4c be scl a��lec�. 2 +'mere i5 Sarme ero6-roM1 GLraLArJ a. leak; f p�PC J%ell+ -}c PtcM� j'1ON.SQ +6,� ".as VACA;0' • d; —'rj.ara is also vaIc��te� -tom ",►��3..s:►►�- in y p"'° G� 42. 3213 g jae %s ACaA s6,,+-5+oQ Prc.►piny5 �..a� �� �!1�. -4 9 1-a�aery 2 4ws var% l4fie �rt'leeoaifGi. 9 Lad astl` b Reviewer inspector Name�s- Reviwer/Inspector5igoatm. Dates 3 2 =cj? P... Aiaaeinn ni, ti'n.w A.,.,lifi. ..�� lf..-�:�. Nam __ r_�..�_ -- -•