090038_ENFORCEMENT_20171231

Memo
To: Fayetteville Regional Office, Division of Water Quality, AP
Fmrm Kathy Barker, Gallberry Consulting Services
CC:
Daft hllQ,rr,� 31, a.o 1 U
Re: Lagoon status report
TQ pyies♦ �1
Please .be advised that the lagoon on ' e A 3 Farm, number
I:L&f that was reported "in the red" on A a-&- 10 (date) is now back
in com liance at a reading of 4l 2 ;U " .*3-
#i 3-
A311
Av-k�
;tq -6o9f
A�
:3" per, �

sduch . Page 1 of 2
Incident Incident Freeboard Levels Events
Related Incidents
Detailsl Details2
* Incident Type: fon-Corn_pliance Reporting
Incident Number: 201
* Category: CAT'S --Animal
* Started Date/Time : 02/05/20 10 - 04:00 pm
* County : Bladen -_-
Farm 4-090
Decimal DD:MM:SS
Latitude: Position Accuracy:
---Select Value---
Longitude:: Position Method: a
---Select value ---
Position Datum:
Reporting Person : Anonymous
I Ij
�
First Name :,Jamie � �
Address : _-
V;
Middle Name : 0
do
Last Name ::Priest
City
NU
State/Zip :..^
- -
Phone : [phone]
.
Cell/Pager:
* Location of the Incident : Priest Parra f 2
—
Address:
City/State/Zip: ;Council
Cause/Observation of the incident : Directions
A
Action Taken : Comments/Findings :
Water Supply Wells within 1500ft
Surface Water Impacted : .-...Yes J'No * Unknown Groundwater Impacted : '^
Waterbody : ---Select valLie---
Waterbody (Other) : Conveyance : ---�
Report Received By: Revels, Picky_ RO Contact: Re,
Phone: [phone] Phone: (911
Date/Time : 02/05/2010 04:00 pm Date/Time
http://bims.enr.state.nc.us:7001/selectOneIncident.do?id=3M05FMYG008TPVIX4CF2UG... 9/30/2010

sdarch
Referred Via : , Phone
Specific Causes :
Severe Natural Condition - Vandalism
Page 2 of 2
Referred Via: --
Pump Station Equipment Failure _
ini� s .Cancel
i -
http://bims.enr.state.nc.us:7001/selectOnelncident.do?id=3M05FMYG008TPWX4CF2UG... 9/30/2010

search
Page 1 of I
Incident Detailsl Incident Detaiis2 Freeboard Levels Events
Incident Type: Non -Compliance Reporting Incident Number: 201000788
Date/Time : 02/05/2010 04:00 pm Farm #: 090038
County : Bladen City : Council
Responsible Party :
Incident Owner :
Permit :.AWS090038
Facility:,--_
First Name
Middle Name:
Last Name:
Company Name:
Phone
[Clear Responsible Party_]
Onsite Contact
First Name:;
Middle Name::.
Last Name
Contact Agency
Phone:
Ce"ager
Find Owner Clear]
Find Permit [Clear
Find Facility Clear
Address
City
State/Zip
Cell/Pager::
Report Entered By :'Revels, Rich
- - - - Phone
Date/rime: 02110120iO
Fish Kill : Yes No "0, -Unknown
Containment : Yes No $ Unknown
Storage tank : AST UST
Written Report Requested : .
Information Requested :
Closed Date
Estimated Fish Kill:
Cleanup complete : Yes
Well Contractor Cert#: ---Sete at va
A
i ni�lt � ,Cancel
http://bims.enr.state.nc.us:7001 /maintainlncidentl .do 9/30/2010

Agencies Page 1 of 1
Incident Incident Freeboard I.evels Eluents Related Incidents Action I-Iistory
Detailsl Dctails2
Incident Type : Non -Compliance Reporting Incident Number : 201000788
Date/Time : 02/05/2010 04:00 pm Farm #: 090038
County: Bladen City : Council
Freeboard Levels i l
Waste Structure Waste Structure Freeboard Plan Duc Plan Date/Time
Delete_ Received Freeboard
Type Identifier (inches) Date/Time
Date/Time Level 4K
Laoon A4 09-38 13.Q _ ......_ -
da""! Delete
---'€nis#t i __Cancel
Pry -4 `
413 Z �.� s��'"`gyq - 34
( L `l
S 09 00
Qlaae4,1
http:/ibims.enr.state.nc.us:7001/maintainIncident2.do 9/30/2010

10 -On wAr�9p+✓
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
October 7, 2010
CERTIFIED MAIL
RETURN RECEll'T RE UESTED
Mr. J. B. Priest
4132 Lisbon Road
Council, North Carolina 28434
Subject: NOTICE OF DEFICIENCY
Priest. Farm 42
Facility No. 9-38
Permit No. AWS090038
Bladen County
NOD --- 2010 -PC -1058
Dear Mr. Priest:
Coleen Ii. Sullins, Director
Division of Water Quality
On February 5, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Jamie Priest of a high freeboard level in one or more of the facilities lagoons.
As a result of this incident, 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 2T .1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWG100000 as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG100000.
On February 5, 2010, a lagoon/storage pond level was documented at 13 inches of freeboard. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
Mailing Address Phone [phone] LocationOne
No 'thCarol i tt a
1617 Mail Service Center Fax [phone] N. Salisbury St.i7�[[CQ�/lf
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwatcraualitv.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page 2
Mr. J. B. Priest
October 7, 2010
If you have not already done so, provide a written response to this Notice of Deficiency once lagoon
levels are back in compliance.
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 (S25,000) dollars against any "person' who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact me at (910) 433- 3300.
Sincerely,
To 3, W. Honeycutt
vironmental Specialist
ayetteville Regional Office.
cc: Keith Larick/APS CAFO Unit
FRO Compliance Animal Files
NCDSWC-FRO

wArfi,�pG
Michael F. Easley, Governor
o�oF
William G. Ross Jr., Secretary
d
y
North Carolina Department of Environment and Natural Resources
>
Alan W_ Klimek, P -E_ Director
Division of Water Quality
August 22, 2003
J.B. Priest
4132 Lisbon Road
Council, NC 28434
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Priest Farm #2
09-38
Bladen County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the•date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Def cieney.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity ! Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:1m2o.enr.state. nc.0 s
Z
NCDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
S' er
aul . Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-38
Non -Discharge Compliance and Enforcement Unit
Central Files

O�OF W A 7FMichael F_ Easley, Governor
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P -E;. Director
Division of Water Quality
August 22, 2003
3.B. Priest
4132 Lisbon Road
Council, NC 28434
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Priest Farm #2
09-38
Bladen County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with.high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7748 1617 Mail Service Center t=ax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
http:/ih2o.enr.state.nc.us
ash
NCQENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
S' er
aul . Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-38
Non -Discharge Compliance and Enforcement Unit
Central Files

F WATT Michael F. Easley, GovemorU
`oho RPG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Vj r Alan W. Klimek, P.E. Director
Division of Water Quality
0 Y
March 10, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J. B. Priest
4132 Lisbon Rd.
Council, NC 28434
SUBJECT: NOTICE OF DEFICIENCY
Priest Farm No. 2
Facility No. 9-38
Permit No. NCA209038
County Bladen
Dear Mr. Priest:
On January 5, 2006 you or staff from your farm notified the Fayetteville
Regional Office of the Division of Water Quality, as required by General Permit
condition III.6.e, that the freeboard level of the lagoon was less than the minimum
required by the General Permit. The liquid level of the lagoon No. 1 was reported as 16
inches. General Permit condition V.3 states that "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of
structural freeboard."
The Division of Water Quality will take no further action for this reported
incident at this time. However, you are asked to please notify this office in writing within
15 days of receipt of this letter as to what date the lagoon was lowered within the
specified time frame in which the Plan of Action (POA) allotted. It will also close this
event out within your file. If you have any questions concerning this matter, please do
not hesitate to contact myself at [phone].
Sincerely,
Steve Guyton
Environmental Specialist
cc: Compliance Group
Central Files
Danny Edwards-DSWC Fayetteville Office
Bladen County NRCS
dV A
Li Division of Water QualitylAquifer Protection Section
NC�E� 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
internet: http://gw.ehnr.state.nc.u5
Customer Service: [phone]

o101U W A
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003 . P. F F—, - - -, .,
CERTIFIED MAIL. r�� '
RETURN RECEIPT REQUESTED
J.B. Priest
4132 Lisbon Rd
Council NC 28434
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Priest Farm #2
#9-38
Bladen County
Dear Sir or Madam:
On March 21, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on June 8, 1998. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s)- This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
IVAN
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-B77-623-674$ 1617 Mail Service Center Fax [phone] N. Salisbury SL
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affrmiattve Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr.state.nc. us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
'00j W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
DONALD R. VAN DER VAART
May 11, 2016
James B. Priest, Jr.
Priest Farms, LLC
155 Robbins Road
Council, NC 28434
Subject: NOTICE OF DEFICIENCY
James B. Priest, Jr.
Permit # 09-0038
Bladen County
Incident 4 20160039
NOD -2016-PC-0153
Dear Mr. Priest:
'ivrerary-
S. JAY ZIMMERMAN
Oireclur
On January 2, 2016 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) were notified of high freeboard level in the 41 lagoon.
We wish to thank and Mr. Priest for notifying DWR of this incident.
As a result of this incident, 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 2T
Section .1300, you have been found to be in violation of your Certified Animal Waste
Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are
covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG 100000.
On January 2, 2016 a lagoon/storage pond levels were documented at 13.0 inches. A level of'
19.0 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Required Corrective Action for Deficiency 1:
DWR has received a copy of your 30 -Day Plan of Action (POA) for the high freeboard
occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance
with your Certified Animal Waste Management Plan and permit.
State of North Carolina l Environmental Quality I Water Resources
161 1 Mail service Center I Raleigh, North Carolina 27699-161 l
919 70-0 9000

If you have any questions concerning this Notice, please contact me at [phone]
Sincerely,
Bclinda S. Henson
Regional Supervisor
NCDEQ-Division of Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
cc. Bladen County Soil and Water Conservation District
Murphy-Brown/Smithfield

Priest Farms
4132 Lisbon Rd
Council, NC 28434
May 2, 2001
ATTN: Bob Heath
Division of Water Quality
225 Green St, Suite 714
Fayetteville, NC 28301-5043
Dear Mr_ Heath,
111
P. �r
This letter is in response to the Notice of Deficiency issued to Priest Farm #2 (FN: 09-38)
on April 6, 2001. As ,%as stated, irrigation was conducted on the farm a day or two before the
inspection date of March 30, 200I . Rain followed the irrigation event that evening and resulted in
ponding in the edge of the field. Some waste was present, but the majority of ponding was rain
water. In the future, irrigation will not be conducted prior to a predicted rainfall event. The
irrigation system has been calibrated and is operating correctly.
In addition, the inspection report noted that barn leaks were present. This situation,
however, was not the result of a leak in the barn ar pit. The small amount of waste present in this
area resulted from the recent repair of the discharge line behind house 41. This problem has been
addressed. If you need further information, please do not hesitate to call me.
g
Siincejr[{elley,4.4
r 6. flu 4
J.B. Priest

. _ . North Carolina
Department of Environment and Natural Resources
Division of Water Quality.
Fayetteville Regional Office
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. J. B. Priest
4132 Lisbon Road
Council, NC 28434
SUBJECT: NOTICE OF DEFICIENCY
Priest Farm #>' 2
Facility No. 09 - 38
Permit No. AWS090038
Bladen County
Dear Mr. Priest:
April 6, 2001
NCDENR
On March 30, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
annual inspection of the Priest Farm # 2 in Bladen County. The inspection revealed that the farm had irrigated on a
waste application field two (2) days earlier and waste had ponded on the edge of the field. In addition, three (3) areas
were identified at the rear of the confinement barns where waste was discharging from the pit and running off into a
wefiand area between the barns and the lagoon.
The Division of Water Quality requests that the following items be addressed:
Insure that the waste application equipment is operating correctly and either increase the speed of the gun
cart or reduce the size of the orifice in the gun or both to prevent ponding and or run-off. Consult with an
irrigation specialist for assistance should these options. appear unsatisfactory.
2. Repair the barn leaks immediately to prevent further discharges to the isolated wetland area.
Your response should be received by this office on or before May 4� 2001. 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 for any pastor future violations. 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.
225 GREEN STREET - SUITE 714 / SYS T EL BUILDING / FAYETTEVILLE, NC 28301-5043
_ PHONE [phone] FAX [phone] WWW.EN STATLN US! -N
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50°1a RECYCLED/]0% POST CONSUMER PAPER
DENR TOLL FREE. HOTLINE: [phone]

Page 2
April 6, 2001
Mr. Priest
If you have any questions oanceming this matter, please do not hesitate to contact me at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
RFI /bh
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County MRCS
John Bizic - Murphy -Brown
Sonya Barber
.P . 1