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Home My WebLink About090039_ENFORCEMENT_20171231NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly l=aves Perdue Governor Coleen M. Sullins Director Natural Resources AQUIFER PROTECTION SECTION December 13, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mitchell Norris 494 Coley Rd Elizabethtown NC 28337 Subject: NOTICE OF DEFICIENCY Mitchell Norris 91 & 42, Facility 909-39 AWS090039 Bladen County= NOD -2010 -PC -1059 Incident No, 200902887; 201000034; 201000789 Dear Mr. Norris: Dee Freeman Secretary On November 23, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section was notified of a high freeboard level in lagoon 2. On December 8, 2009, DWQ was notified of a high freeboard in lagoon 1, and on February 7, 2010 of high freeboards in both lagoons. We wish to thank Kathy Barker for notifying DWQ of these incidents. As a result of these incidents, 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. North Carolina Division of Water Quality Internet: www ncwater ualit .or 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 An Equal OpporlunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper None rth Carolina Naturally Mr. Morris December 13, 2010 Page 2 On 11/23/2009, the lagoon level was documented at 18 inches in lagoon 2. and on 12/08/2009, the lagoon level was 18 inches in lagoon 1. On 2/712010, a level of 1 1 inches was documented for lagoon 1 and 12 inches for lagoon 2. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan for both lagoons. Required Corrective Action for Deficiency 1: Please provide the dates the lagoons came back into and staved in compliance for each incident by January 5, 2011, in writing or by phone. Please continue to insure lagoon levels remain in compliance with Section 2 of your permit. If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, 'ban Schneier Environmental Specialist Fayetteville Regional Office cc: Kathy Barker Keith Larick CAFO Unit NCDSWC-I=RO, Danny Edwards ,FRO Compliance Animal Files Aw ^d Michael F. Easley, Governor _O� 9QG Division of Water Quality Golsen H. Sullins, Deputy Director y Division of Water Quality >; Will iain G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources v � - Alan W. Klimek, P. E. Director October 20, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mitchell Norris 494 Coley Rd. Elizabethtown, NC 28337 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2H.0217 Mitchell Norris # 1 & # 2 Facility No. 9-39 Bladen County Dear Mr. Norris: 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 and /or NCGS 143 — 215.1, you have been found to be in violation of your Permit. Recently, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a review of the records you submitted for your permitted, NCA209039, swine farm located on Coley Rd. in Bladen County. During that review, it was noted that the freeboard level for both lagoons #I & # 2 for the time period of February 21, 2003 until March 6, 2003 were within the storm storage freeboard at 19 inches or less. The lagoon levels continued in the storm storage freeboard until they both were recorded in the structural freeboard on March 21, 2003 at 10 inches. The Fayetteville Regional Office has no notification from your facility for the timeframe of February 21, 2003 through March 6, 2003. Our records indicate that March 6, 2003 was the first date notification of high freeboard levels were reported to this office. Please be advised that your NPDES Permit states " the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon storage greater than or equal to that required in Condition V(3) of this NPDES Permit'', Condition V(3) states " The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWP. 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 an additional I foot of structural freeboard". This failure to report is a violation of a permit condition and will result in t✓nforcement action being recommended. NCDEMR N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 L. ! Mr. Norris 10-20-03 Page 2 The Fayetteville Regional Office recognizes that this has been a difficult year for producers and acknowledges the fact that Mr. Norris has been working to have his markers reset. This due to the fact he feels they are off a reported two inches. Unfortunately, this aspect of the permit is incumbent on the permittee and they must insure the accuracy of their lagoon monitoring marker(s). The Division of Water Quality requests that the following items be addressed. 1. Report as required liquid lagoon levels in the storm or structural freeboard to the appropriate Regional Office of the Division of Water Quality within 24 hours of discovery. Follow up with the appropriate Plan of Action in a timely manner. 2. Follow all provisions of your COC, NPDES Permit, and CAWMP. 3. Manage the liquid level of the lagoon at your facility to the "stop pump" marker to provide the needed free storage volume to more effectively cope with wet or chronic rainfall conditions. Failure to comply with the above condition(s) 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 hereby notified that based on the above information, the Division of Water Quality is considering forwarding a 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 events noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before November 10, 2003 should receive this response. Information provided to this 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. 4 6ENR N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 4X6-0707 Customer Service 1-877-023-6748 M r. Norris 10-20-03 Page 3 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1511. i cely, Paul E. Rawls Regional Water Quality Supervisor PR/lb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh N_ C. Division of water Quality 225 Green Street Fayetteville. North Carolina 28301-5043 (910) 4216-1541 Fax(910)486-0707 gyro Customer Ser%ice 1-877-623-6748 AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 2, 2012 CERTIFIED MAIL O Do 3 q77 V ,�oa� RETURN RECEIPT REQUESTED yid �g7O Mr. Mitchell W Norris 494 Coley Rd. Elizabethtown, North Carolina 28337 Subject: NOTICE OF DEFICIENCY, NOD -2012 -PC -0170 Administrative Code 15A NCAC 2T . 13 04 Mitchell Norris #1 & 42, No. 09-39, Permit No. AWS090039 Bladen County Incident no. 201200985 1201201 194 Dear Mr. Norris: On May 3, 2012 and July 12, 2012 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Kathy Barker of a high freeboard level in lagoon 1 and 2. We wish to thank Mrs- Kathy Barker for notifying DWQ 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. AWG100000 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 May 3, 2012 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. On July 12, 2012 a lagoon/storage pond level was documented at 17.00 inches in lagoon 2. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWQ 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 Section 2 of your permit. AD_IIFER PROTEr-TiON SECTION 225 Green St., Ste 714 Fayelieviile, North Caioiind 26301 Phone: 910-4i3-3i00tFAX: 5 tAI,6-010T,Cuslonler5ervire 1-87•'-623-6740. i',461fjlc,,Iro]'HI a IntemeCwww.h20.enr.slate. nC.us iib�i �FFir An aqua' _ fid pnrtunic.; } .kCli6n Employer Mr. Norris August 2, 2012 Page 2 A compliance inspection was done July 27, 2012 and all records were reviewed and the date and time lagoon 1 was returned to compliance on June 12, 2012. Lagoon 2 was returned to compl iance on July 23, 2012. Heavy rain was determined to be the cause of the high freeboard. if you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick CAFO Unit Murphy Farms FRO 1 AP files North Carolina • IVA Department of Environment and Natural Resources !s Division of Water Quality r�—r►1'� Fayetteville Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 23, 2001 CERTIFIED NLAJL RETURN RECEIPT REQUESTED Mr- Mitchell Norris 289 Turtle Cove Elizabethtown, NC 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H.0217 Mitchell Norris #1 & ##2, Swine Farms Facility No. 09-39 Bladen County Dear Mr. Norris: 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 July 3, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off SR 1709 in Bladen County. During that inspection, it was noted that the waste application fields were in need of cutting and that the majority of the fields were predominantly of competition grasses and weeds with a poor to nonexistent stand of bermuda grass. This condition has been noted on several occasions by the Division of Water Quality and the Division of Sol] and Water. The Division of Water Quality requests that the following items be addressed: 1. Cut and remove the competition grasses and weeds and remaining bermuda in a timely manner. 2. Contact a technical specialist to evaluate the waste application fields and assist in the establishment of the required crop (coastal bermuda grass). 225 GREEN STREET — SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28303-5043 PHONE(910)486-1541 FAX(910)486-0707 �VW1a'.E�R.STAI'E.NC.C1S/E.Nfti AN EQUAL OPPORTUNITY I AFFIRASATIVE ACTION ENIFLOYER— 50% RECYCLED110'if POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Norris 7-16-01 Page 2 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. 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. You are hereby notified that the Fayetteville Regional Office of the Division of Nater Quality will have no choice but to recommend an enforcement action to the Director of the Division of Nater Quality should the appropriate crops not be established as called for in your Certified Animal Waste Management Plan. If you have an explanation for this violation that you wish to present, please respond to this office by August b, 2001. If you have any Questions concerning this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental Engineer, or myself at (910) 486-154 1. Fl ely, E. Rawls Regional Water Quality Supervisor PR/mps cc: Sonya Avant - Compliance Group Sam -Warren : - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Garth Boyd — Murphy Farms Central files - Raleigh 0 - Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility lumber 09 39 Date of Visit: 7/3/2001 Tinie: 9:00 Printed on: 7/16/2001 0 Not Operational O Below Threshold ® Permitted IN Certified ❑ Conditionally Certified C] Registered Date Last Operated or Above Threshold: ................ Farm Name: lYlikCittill.l5'.atxl�.#1. .. z............ .................... County: Dlttdwx............................................... FRO ............. Owner Name: ii].iksht il...................... \O�r�is..................,..., Phone No: 84Z -Z.359.........-.............. Mailing Address:.............................. ............ 1,11 a12etlakaxt:n.: '.................-----............---.......... 1833.7............... .......................................... Facwty Contact: i1:uic ellAQW5............................................. Title:.01y.r er..................................--..-----.---.. Phone No:...................................... Onsite Rep resentative:l1ny'..ltbet............................................................ .............. inteerator:ll.lLxAl1!'.kdl7xily.axr�ls........................ Certified Operator: Alxtghell.................. N'.V.r.�A.............................-....-...........- Operator C'erlification Number -.1.69610 ................. ............ ............... Location of Farm: 1709 Coley Road � T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 34 42 Longitude 78 32 41l Design Current Swine Capacity Ponulation ❑ Wean to Feeder ® Feeder to Finish 7344 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity 71344 Total SSLW 991,440 Number of Lagoons 2 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps 0 ❑ No Liquid 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 man-made'? b. If discharge is observed, did it reach Water of the State'? (if ves, notify DWQ) c. If discharge is observed, ,,vhat is the estimated flow in galhnin? d. Does discharge bypass a lagoon system? (If yes. notify MVQ) 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 I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: .................. Freeboard (inches): 05/03/01 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No Stntcture 6 Continued a♦ -Division of Water Quaitty x Dt%, istoit of Sail and Water Canserva#ion ^t. -. -. .... - ,. .. -. . .. '.4s ..- .�". �:: _ a_• _ � _ _ .. r`+ .•�_s �' �'. �..�,._ - - 3�. '•4r. ., •;`,. u„r,°ter Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility lumber 09 39 Date of Visit: 7/3/2001 Tinie: 9:00 Printed on: 7/16/2001 0 Not Operational O Below Threshold ® Permitted IN Certified ❑ Conditionally Certified C] Registered Date Last Operated or Above Threshold: ................ Farm Name: lYlikCittill.l5'.atxl�.#1. .. z............ .................... County: Dlttdwx............................................... FRO ............. Owner Name: ii].iksht il...................... \O�r�is..................,..., Phone No: 84Z -Z.359.........-.............. Mailing Address:.............................. ............ 1,11 a12etlakaxt:n.: '.................-----............---.......... 1833.7............... .......................................... Facwty Contact: i1:uic ellAQW5............................................. Title:.01y.r er..................................--..-----.---.. Phone No:...................................... Onsite Rep resentative:l1ny'..ltbet............................................................ .............. inteerator:ll.lLxAl1!'.kdl7xily.axr�ls........................ Certified Operator: Alxtghell.................. N'.V.r.�A.............................-....-...........- Operator C'erlification Number -.1.69610 ................. ............ ............... Location of Farm: 1709 Coley Road � T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 34 42 Longitude 78 32 41l Design Current Swine Capacity Ponulation ❑ Wean to Feeder ® Feeder to Finish 7344 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity 71344 Total SSLW 991,440 Number of Lagoons 2 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps 0 ❑ No Liquid 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 man-made'? b. If discharge is observed, did it reach Water of the State'? (if ves, notify DWQ) c. If discharge is observed, ,,vhat is the estimated flow in galhnin? d. Does discharge bypass a lagoon system? (If yes. notify MVQ) 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 I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: .................. Freeboard (inches): 05/03/01 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No Stntcture 6 Continued Facility Number: 69--39 Date of Inspection 7/3/2001 Printed on: 7/16/2001 " 5. Are there any immediate threats to the integrity of any of the structures observed'? (ie/ trees, severe erosion, ❑ Yes N No seepage. etc.) Required Records & Documents copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? closure plan'? 4 C] Yes ®No (If any of questions 4-6 was answered yes, and the situation poses an remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled. immediate public health or environmental threat, notify DWQ) (ie/ WUP, checklists, design, maps, etc.) ❑ Yes 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ❑ NTo elevation markings? ❑ Yes ® No Waste Application 22. Fail to notify regional DWQ of emergency situations as required by General Permit? 10. Are there any buffers that need maintenance/improvement? ❑ Yes N No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type Did Reviewer/inspector fail to discuss review/inspection with on-site representative? ❑ Yes 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 0 No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes N No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facility is pended for a wettable acre determination? ❑ Yes 0 No 15. Does the receiving crop need improvement? ® Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ® No Required Records & Documents copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled. (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ NTo 21. Did the facility fail to have a actively certified operator in charge'? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23, Did Reviewer/inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes . 0 No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #): Explain any YES dhsivers and/or any recommendations or.any other comments. Use drawings of facility to better explain situations. (use -additional pages as necessary): ❑ Field Copy ❑ Final Notes The purpose of this site visit was to meet with Sonya Barber to evaluate her wettable acres determination. Mrs. Barber provided us eith copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range finder. All measured distances met or exceeded the pull distance used in the wettable acre determination. Information gathered will be returned to our office for further review. 15. While on-site it was observed that several fields had a very poor coastal Bermuda stand. These fields need to be cut and sprayed to remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled. Reviewer/inspector Name Paul Sherman Bob Heath Reviewer/Inspector Signature: Date: 05/03/01 Continued Eaellity Number: 09-39 Date of Inspection F 7/3/2001 Odor Issues Printed on. 7/16/2001 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 Cl 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 flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional omments and/or. Prawings:'.- �' 4. � `. � �', J 05/03/01 ,a North Carolina lffl.'WA Department of Environment and Natural Resources 0 Division of Water Quality rya Fayetteville Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 23, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mitchell Norris 289 Turtle Cove Elizabethtown, NC 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H.0217 Mitchell Norris #1 & #2, Swine Farms Facility No. 09-39 Bladen County Dear Mr. Norris: 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 July 3, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off SR 1709 in Bladen County. During that inspection, it was noted that the waste application fields were in need of cutting and that the majority of the fields were predominantly of competition grasses and weeds with a poor to nonexistent stand of bermuda grass. This condition has been noted on several occasions by the Division of Water Quality and the Division of Soil and Water. The Division of Water Quality requests that the following items be addressed: 1. Cut and remove the competition grasses and weeds and remaining Bermuda in a timely manner. Contact a technical specialist to evaluate the waste application fields and assist in the establishment of the required crop (coastal bermuda grass). 225 GREEN STREET - SUITE 714 / SYSTEL BUILDING I FAYETTFVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW,ENR.STATE.NC.US'ENRr AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Norris 7-16-01 Page 2 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. 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. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality will have no choice but to recommend an enforcement action to the Director of the Division of Water Quality should the appropriate crops not be established as called for in your Certified Animal Waste Management Plan. If you have an explanation for this violation that you wish to present, please respond to this office by August 6. 2001. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental Engineer, or myself at (910) 485-1541. Si ely, '�- aul E. Rawls Regional Water Quality Supervisor PR/mps cc: Sonya Avant - Compliance Group Sam Warren = - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Garth Boyd — Murphy Farms Central Files - Raleigh °!.: Dtv>iston of Water Q�altty r c O, Di iii6iiof Snil and Water Conservation ' 7 , ,q r n O Other A enc - ' 7 771, Type of Visit O Compliance Inspection Q Operation Review Q Lagoon [evaluation I Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facilitv Number 09 39 Date of visit: 7/3/200! Time: 9:40 Printed on: 7/16/2001 O Not O terational O Below Threshold ® Permitted ® Certified 13 Conditionally Certified 13 Registered Date Last Operated or Above Threshold:. .............. Farm Name: lY�ik�ht�l�.!i'.Qlxx�i.#1.. c..##z.............................. ....... Count}": Bladva ............................................... FRO ............. Owner Name: MiklieiA................................. Norris............................. Phone No: Gz-z 9................................. Mailing Address: 2.89..Tu.rt.1jz.QQv�:.q................ ..................... ................ l�iiz.ketktkat�a�.ti.C...-......................... .............. ... $ 7............... Facility Contact: MAC.I.VIU.Rrrb&.......................... ..'Title: S)t.0r.....--.......................................... Phone No:................................................... Onsite Re resentative _ lntegrator:lT.gxF�la'..�aJtt iJ'.� ► ........................ p 011ya.t3atbee....................................................... .................. a ......--..... Certified Operator:Alit'dickl................................. NQt:1Gl5............................. ................... Operator Certification Number: 1,69.6.0 ............................. Location of Farm: 1709 Coley Road ® Swine [I Poultry [I Cattle El Horse Latitude 34 • 34 42 Lougitude 78 • 32 40 Design Current Swine Caoacitv Ponulatinn ❑ Wean to Feeder ® Feeder to Finish 7344 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts I EE1 ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Ca acity Population ❑ Layer I I ❑ Dairy ❑ Non -Layer El Non -Dairy ❑ Other Total Design Capacity 7,344 Total SSLW 991,440 Number of Lagoons 2 ❑ Subsur€ace Drains Present 110 Lagoon Area I0 Sprav Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste \lanagement System Discharges S 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 tate conveyance man-made'? b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If dischar-,e is observed, what is the estimated flow in gal/ntirr? d. Does discharge by a lagoon system". (lfyes. notit'v 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 S Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate`? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier:...................................................................... Freeboard (inches): 05/03/01 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 Continued Facility Number: 09-39 Date of Inspection 713/2Q01 Printed on: 7/16/2001 cS . 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range seepage, etc.) 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or 13. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled- closure plan? El Yes ®No ❑ Yes (If any of questions 4-6 was answered yes, and the situation poses an 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes immediate public health or environmental threat, notify DWQ) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level (ie/ discharge, freeboard problems, over application) ❑ Yes elevation markings? ❑ Yes ® No Waste_ Application ❑ No 24. 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 1 I . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application'? ❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ®No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement'? ® Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ® No Required. Records & Documents copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 13. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled- (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No [] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #): Explain' any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): El Field Copy C] Final Notes The purpose of this site visit was to meet with Sonya Barber to evaluate her wettable acres determination. Mrs. Barber provided us eith y copies of her determination and the farm's CAWMP. While on-site, several random pulls were measured for distance using a laser range finder. All measured distances met or exceeded the pull distance used in the wettable acre determination. Information gathered will be returned to our office for further review. 15. While on-site it was observed that several fields had a very poor coastal bermuda stand. These fields need to be cut and sprayed to remove the competition weeds. Fields will need to be evaluated for re -sprigging once weeds are controlled- Reviewer/Inspector Name Paul Sherman Bob Heath, Reviewer/Inspector Signature: Date: 05/03/01 Continued Vicility Number: 09-39 Date of Inspection 7/3/20071 Printed on. 7/16/2001 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [3Yes ElNo 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 flush tanks lack a submerged fill pipe or a permanentitemporary cover? ❑ Yes ❑ No Additional Comments and/or pswings.. J 05/03/01 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 14, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mitchell Norris .125 Harrellson Road Clark -ton, NC 28433 Subject: NO-TICE OF VIOLATION Administrative Code 15A NCAC 2H .0217 Mitchell Norris 1 & 2 Facility No. 09-39 Bladen County Dear Mr. Norris: You are hereby notified that, having been permitted to have a non discharge peririit for the subject animal waste disposal system pursuant to 15 A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On August 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of your swine farm located off S R 1709 in Bladen County. During that routine inspection it was noted that the waste application fields were in need of cutting and that the majority of the fields were predoininantly of competition grasses and weeds with a poor to nonexistent stand of bermuda grass. In addition, a review of the waste application records revealed that the lagoons had remained in the freeboard from September 19, 1999 thru May 4, 2000 and currently had levels less than adequate for the potential storm season- Also, the inside slope of the lagoon banks need cutting. ' axa4n!� 0 I 0 225 GREEN STREET, SUITE 714 / SYSTEL OLD, FAYETTEVILLE, NORTH CAROLINA 29301-5043 PHONE: 010-466-1541 FAX:910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-977-623-6749 �Ir. Mitchell Norris August 14, 2000 Page 2 The Division of Water Quality requests that the following items be addressed.- Cut ddressed: Cut and remove the competition grasses and weeds and remaining bermuda grass to allow waste application in preparation of the hurricane season. 2. Contact a technical specialist to evaluate the waste application fields and assist in the establishment of the required crop (bermuda grass). Maintain the grass and weeds on the inside slope of the lagoons to allow inspection and to prevent rodent harborages. 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. 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 and explanation for this violation that you wish to present, please respond to this office by September 15, 2000. 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. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sue Homewood - Compliance Group Sam Warren -Bladen Co. NRCS Trent Allen - DSW C Fayetteville Office Central Files - Raleigh RECEIVED-) SEP 1 5 2000 FAY F-1 1 Ev':_ Mitchell Norris Farm REG- 0t-iC 289 Turtle Cove Elizabethtown, NC 28337 September 12, 2000 ATTN: Paul Rawls Division of Water Quality 225 Green St, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Rawls, This letter is in response to the Notice of Violation issued to Mitchell Norris #1 & #2 (FN: 09-39) on August 15, 2000. The coastal bermuda hay has been cut and will be evaluated by a technical specialist to determine appropriate action required to improve the bermuda stand_ In addition, we are seeking another contractor to cut hay in a more timely manner in order to help minimize competition weeds and grasses. The inside slopes of the lagoon dues have been mowed. If you require further information, please contact me at (910) 862-2359. Sincerely, Mitchell Norris Se 4 00 11:10a :t. Sanya Barber ATTN: Paul Rawls IlMsion of.Water Qty 225 Gree St, Suite 714 Fvenevfe, NC 28301-5043 Dear Mr. Rawls, 910-645-6758 41 . U, Mitchell Norris Farm 289 Turtle Cove Elimbethtown, NC 28337 ' September i2, 2000 This letter is in response to the Notice of Violation issued to Mitchell Norris #1 & #2 (FN: 09-39) on August 15, 2Q00. The coastsd.beFmAOwyhas cw*d will be evaluated by a technical speci" to deterzoine appropriate action required to improve the bernnrda stand In addmen; we we-seelrmg another contractor to cut hay in a more timely nunn efr in order to help minbuize competition weeds and grasses. Tho.' aft>s� lagoon d&es have been mowed. If you require fiuther luformation, me at (910) 862 -2359 - Sincerely, Mitchell Norris„', ,•i P-2 Se 4 00 11:10a Sonya Barber /�� 'rrc/IfLL /'��3 llqloo JA ,Ritro 910-645'--:6758 1 Jeffrey Brown DEHNR Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Brown, 289 Turtle Cove Elizabethtown, NC 28337 March 16, 1999 RECEIVED MAR 19 1999 FAYETTEVILLE REG. OFFICE This letter is in response to the Notice of Violation issued February 25, 1999 to Mitchell Norris Farms Mi. 0 39 . The lagoons have been lowered to 19" and 23" freeboard respectively. Due to unforeseen events in the late summer and early fall, the lagoons were not pumped as low as in previous years. The hay contractor, Mr. Richard Allen, cut the bermuda bay the last time just before his wife was sent to the hospital dying with cancer. It took approximately six to seven weeks for Mr. Allen to completely remove the hay from the fields. Every time I spoke with Mr. Allen or his employees, I was assured that the job would be completed that week. I did not want to damage his hay, so I did not irrigate. I realize now that I should have looked for another contractor to finish the job, but I had no idea at the time that it would take that long to remove the hay. This situation will not happen again with any contractor. The lagoons will be near the permanent storage level when approaching the winter season in the future. To my knowledge, no waste reached the ditch behind lagoon 2. Because ponding occurred in the waterway on the east side of ditch, I blocked the pipe at the beginning of the ditch_ Some runoff occurred but did not pass through this block. The vegetation is sparse in some areas of the waterway which contributed to the runoff. This will be covered sufficiently when coastal begins growing again. In the future, irrigation in this area will be limited to the drier months due to the slope and the high potential for runoff The area which was blocked farther down the ditch, where dirt was being hauled, was only a precautionary measure. We were irrigating earlier in the week on the west side of the ditch. My son was hauling dirt and decided to block the ditch in this area, just in case. Waste did not enter the ditch during or after this irrigation event. Most areas of the inside slopes of lagoon 2 have a suitable cover to prevent erosion_ There are, however, some small bare spots which will be repaired with topsoil and seeded to prevent any erosion that might take place. In addition, the sludge level was determined to be approximately six inches in each lagoon. I understand that this level is typical for the age of the lagoons. A lagoon marker showing the permanent storage level will be installed as soon as lagoons are brought to an adequate level. Last year, this lagoon marker was acceptable showing top of dike, freeboard, and six inch increments. It would have been replaced earlier had I known it was not appropriate. Unfortunately, the lagoon levels have not been at adequate levels and irrigation has been performed under less than optimal conditions. But no wastewater has left the irrigation fields. I understand the mistakes that led to this situation and I can assure you that those mistakes will not be made twice. The lagoons will be at an appropriate level in the faIL If you need further information, please contact me at (910) 645-6926. Sincerely, N Vol Mitchell Norris { la ::Eat , -t+. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 25, 1999 Mitchell Norris 125 Harrelson Road Clarkton, NC 28433 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 090039 Mitchell Norris #1 and #2 Facility No. 09 - 39 Bladen County Dear Mr. Norris: 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 11, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Mitchell Norris #1 and 92 swine facility. This office was informed on February 5 that both lagoons were in the emergency storage level (14 inches and 18 inches), therefore a routine inspection was performed at the site. It was observed that both lagoons contained only 16 inches of freeboard at the time of the inspection, and that lagoon #2 failed to have a suitable grass cover established on portions of the inside slope. There appeared to be evidence that wastewater leaves the buildings at certain times and enters the surface water diversion ditches located behind the houses. The facility failed to have an adequate, gauged marker according the General Permit issued to this facility on May 29, 1998. General Permit condition 111.2 states that "If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of dam elevations. A review of the irrigation fields revealed that wastewater was ponded in a grassed waterway as a result of the placement of an earthen dam in the waterway. The waterway had been blocked to prevent wastewater from leaving the field. The grassed waterway 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2 830 1-504 3 PHONE 010-486-1541 FAX 911 0-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO/10% POST -CONSUMER PAPER Page 2 Mitchell Norris #1 and #2 February 25, 1999 intersected a ditch which carries storm water off the property. Based on the above, inspectors collected samples from the ditch to verify whether or not wastewater had reached the ditch. Sample results indicated the presence of waste in the ditch, however there was no evidence based on the sample results that the waste had reached surface waters. Mr. Norris informed Sonya Johnson, the on-site representative, that no waste had entered the ditch by means of the grassed waterway. However, the ditch was blocked at the last feasible point before the ditch entered the woods thus leaving the farm property. In the Natural Resources Conservation Standard 633, which is one of the required specifications in the Certified Animal Waste Management Plan (CAWMP), states that, "Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site.". The Division of Water Quality requests that the following items be performed: 1. Lower the lagoon Ievel to the required freeboard on a suitable waste application field as soon as weather permits and per the CAWMP. 2. Establish a suitable grass cover on the inside slopes of lagoon #2 to prevent any erosion of the clay liner. 3. Please evaluate and correct the waste management system to prevent any wastewater from being discharged into the surface water diversion ditches located directly behind the lagoons. 4. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility, which are not in compliance with the CAWMP or the General Permit. 5. Please determine the current sludge accumulation in both lagoons. 6. Please provide an explanation as to why the ditch was blocked at the end of the irrigation fields if no waste had entered the ditch by means of the grassed waterway. 7. Provide a detailed explanation as to why the lagoons had reached such high Ievels. Failure to comply with the above conditions may result in the facility's General Permit being revoked 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 per day per violation. Please notify this office in writing on or before March 19, 1999 at the letterhead above as to the actions taken or proposed to be taken to resolve these violations. Page 3 Mitchell Norris #1 and #2 February 25, 1999 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (91 Q) 486-1541. Sincerely, r Paul E. Rawls Regional Water Quality Supervisor cc. Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Murphy Family Farms, Inc. d � LMEL MICROBAC ENVIRONMENTAL LABORATORY, INC. 817 Castle Hayne St., Fayetteville, North Carolina 28303 Phone (910) 864-1920 - Fax (910) 864-8774 NC Lab ID #11- NC Lab 0#37714 - SC Lab ID # 990267 - USDA Lab ID # 3787 CLIENT: 14Ju aW Ale 1 o•__*v CONTACT PERSON: SAMPLE I.D. 1. pini. -)> 9 9 )t-' zi oT ip 2. 3.�,�c�! 4. 3) Ammonia as N (mg/L) BOD - Lj- Chloride (mg/L}. Chlorine„SmgL COD (mg/L) Fecal Coliform (per 100 Nitrate (mR&j Nitrate & Nitrite (mg/L) Oil A Grease (mg/L) pH Phenol (mg/L) Phosphorus (mg4,) Solids, Suspended (mg Solids, Total (mg/L) Total Kieldahl Nitrogen 1 Aluminum (ppm) Arsenic (ppm) Barium (ppm) Cadmium (ppm) Chromium, Total (ppm) Copper(ppm) Cyanide (ppm) Iron (ppm) Lead (ppm) Manganese (ppm) Nickel (ppm) Silver m Sodium (ppm) Zinc (ppm) DATE RECEIVED: SAMPLE DATE: 2JI1, ' SAMPLED BY: ,� 1 t'a:.� �`' PICKED UP BY: r SAMPLE CODE: k) J G REFERENCE:.1W,T,LALL ,!/a.rra r S WORK AUTHOR=) BY: -f-.Mmt 1 PAGE . 1 OF -J,_ CLIENT: ADDRESS: LMEL MICROBAC ENVIRONMENTAL LABORATORY, INC. 817 Castle Hayne St, Fayetteville, North Carolina 28303 Phone (910) 8641920 - Fax (910) 864-8774 NC Lab ID #11 - NC Lab ID#37714 - SC Lab ID # 990267 - USDA Lab ID # 3787 DATE RECIIVID: SAMPLE DATE: SAMPLED BY: PICKED UP BY: SAMPLE CODE CONTACT PERSON: rrREFE REFERENCE _A) a d �� +� �► SAMPLE I.D. 1. --,> )7 .o c Ic G d 9 y 0/c' zfD'WORK AUTHOR>t:ED BY: 2.l7!-t'[.� f/-olc,,rTy LrvC 9y✓L slor/L 3. 4. PAGE _�-- OF Z 0 " 1. 'State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mitchell Norris Mitchell Norris #1 & #2 125 Harrelson Road Clarkton NC 28433 Dear Mitchell Norris: "'- - V --r 1 0W'J • 61 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 RECE1 W MD J ,V 10 2000 ��RECE Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 9-39 Bladen County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD I, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action_ 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 not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerel Kerr T. Stevens, Director Division of Water Quality cc: Fayetteville Regional Office Bladen County Soil and Water Conservation District Facility File 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 r'■ r■. r■■ 10:37a Sonya D. Johnson Jeffrey, 911f0-545-6759 p.1 FacsiJ92l7e To: Jeffrey Brown (Fax: 910485.0707 From: Sonya Johnson Barber Date: Thursday, Manch 18, 1999 Re: Mitchell Norris (FN: 09-39) Page: 3, including thir, Thank you for faxing me the water sample results from the Mitchell Norris Farm. I evidently made a mistake when you gave the results over the phone. They make much more sense now. I am faxing the letter of response for this farm- I will mail the original today, but wanted to make sure you received the response twwtore March 19. It you require additional intormation, please feel free to contact me or Mitchell, Thank you, Sonya. +Mar• ��1a 99 to: 37a Son9a D. Johnson 910-645-6759 P.2 289 Turtle Cove Elizabethtown, NC 28337 March 16, 1999 Jeffrey Brown UEHN R Division of Water Quality 225 Green Street, Suite 714 Fayetteville; NC 28301-5043 Dear Mr. Brown, This letter is in response to the Notice of Violation issued February 25, 1999 to Mitchell Norris Darts (FN: 09-39). The lagoons have been lowered to 19" and 23" freeboard respectively_ Due to unforeseen events in the late summer and early fall, the lagoons were not pumped as low as in pa evious years. Tho hay contractor, Mr. Richard Allen, cut the bermuda hay the last time just before his wife was sent to the hospital dying with cancer. It took approximately six to seven weeks for Mr. Allen to completely remove the hay from the fields. Every time I spoke with Mr. Allen or leis employees, I was assured that the job would be completed that week. I did not want to damage his bay, so I dad not irrigate. I realize now that I should have looked for another contractor to Finish the job, but i had no idea at the time that it would take that long to remove the hay_ This situation win not happen again with any contractor. The lagoons will be near the permanent storage level when approaching the winter season in the future. To my knowledge, no waste reached the ditch behind lagoon 2_ Because ponding occurred in the waterway on the east side of ditch, I blocked the pipe at the beginning of the ditch. Some runoff occurred but did not pass through this block The vegetation is sparce in some areas of the waterway which contributed to the runoff This will be covered sufficiently when coastal begins growing again. In the future, irrigation in this area will be limited to the drier months due to the slope and the high potential for runoff The area which was blocked farther down the ditch, where dirt was being hauled, was only a precautionary measure. We were irrigating earlier in the week on the west side of the ditch. My son was hauling dirt and decided to block the ditch in this area, just in case_ Waste did not enter the ditch during or after this irrigation event. Most areas of the inside slopes of lagoon 2 have a suitable cover to prevent erosion. There are, however, some small bare spots which will be repaired with topsoil and seeded to prevent any erosion that might take place_ In addition, the sludge level was determined to be approximately six inches in each lagoon. I understand that this level is typical for the age of the lagoons. ft.Mar418 99 10:37a Sontla D. Johnson 910-645-6758 p.3 A lagoon marker showing the permanent storage level will be installed as soon as lagoons are brought to an adequate level. Last year, this lagoon marker was acceptable showing top of dike, freeboard, and six inch increments_ It would have been replaced earlier had I known it was not appropriate. Unfortunately, the lagoon levels have not been at adequate levels and irrigation has been performed under less than optimal conditions. But no wastewater has left the irrigation fields. 1 understand The mistakes that led to this situation and t cam assure you that those m6takc;s will not be made twice. The lagoons will be at an appropriate level in the fall - If you all_ Ifyou need further information, please contact me at (910) 645-6926. Sincerely, Mitchell Norris �0� WATT Michael F. Easley, Governor Wiliiann G. Ross Jr., Secretary `O G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality D � November 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mitchell Norris 494 Coley Rd. Elizabethtown NC 28337 SUBJECT: NOTICE OF DEFICIENCY Mitchell Norris #1 & #2 Facility No. 9-39 Permit No.NCA209039 Bladen County Dear Mr. Norris: On September 6, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6_e that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the East lagoon was reported as 18 inches. General Permit condition V.3 states `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, if you have not done so, 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 (910) 433-3300. Sincerely, Ricky Revels Environmental Supervisor I cc: APS Central Files DS&W FRO Bladen County SWCD QA � Division of water Quality/Aquifer Protection Section *® 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 4Z3-3300 FAX (910)48"707 Internet s?I/Qw.ehnr.state.nnc.us STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BLADEN File No. PC 09-39 IN THE MATTER OF MITCHELL NORRIS #1 & #2 } FINDINGS AND DECISION FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF PERMIT VIOLATIONS ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Paul Rawls, Supervisor of the Division of Water Quality (DWQ), Fayetteville Regional Office, make the following: I. FINDINGS OF FACT: A. Mitchell Norris owns and operates the Mitchell Norris #1 & #2, a swine operation in Bladen County. B. Mitchell Norris was issued Certificate of Coverage NCA209039 under NPDES General Permit NCA209039 for Mitchell Norris #1 & #2 on 3/14/03, effective 4/9/03, with an expiration date of July 1, 2007. C. Condition No. V. 3. of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (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 an additional one (1) foot of structural freeboard." D_ Condition No. 111. b. e. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3, of the issued permit_ E. The Fayetteville Regional Office had not received notification from Mitchell Norris that the waste level exceeded the level specified in the CAWMP. F. The costs to.the State of the enforcement procedures in this matter totaled $409. Based upon the above Findings of Fact, 1 make the following: li. CONCLUSIONS OF LAW: A. Mitchell Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above-cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 3. of the General Permit. D. The above-cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 violated Condition No. III. 6. e. of the General Permit. E. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Mitchell Norris pursuant to G.S. 143-215.3(a)(9) and G.S. 1438-282.1(b)(8). G. The Water Quality Regional Supervisor for the Fayetteville Regional Office, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: Ill. DECISION: Mitchell Norris is hereby assessed a civil penalty of for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP for violating Condition No. Ill. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 Enforcement costs $ TOTAL AMOUNT DUE As required by G -S. 143-215.6A(c), in determining the amount of the penalty 1 considered the factors listed in G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved. by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Paul E. Rawls Water Quality Regional Supervisor Fayetteville Regional Office �1