HomeMy WebLinkAbout090040_ENFORCEMENT_201712311�
NC®ENR
North Carolina Department of Environment and
Division of bVater Quality
Beverly Eaves Perdue
Governor
Coleen H. Suhns
Director
Natural Resources
AQUIFER PROTECTION SECTION
January 4, 2011
CERTIFIED MAIL
RETURN RECEIPT RE IJESTED
Mr. Douglas Bordeaux
Douglas Bordeaux 42
98 Sweet Home Church IZd...
Elizabethtown, NC 28337
Subject: NOTICE OF DEFICIENCY/ NOD -2010 -PC -1252
Douglas Bordeaux 92
Facility No. 09-40
Permit No. AWS090040
Bladen County
Incident No. 201000295
Dear Mr, Bordeaux
Dee Freeman
On January 25, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Doug Bordeaux of a high freeboard level of 16 inches in lagoon 1. We wish to
thank Mr. Bordeaux 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 January 25, 2010 a lagoon/storage pond level was documented at 16.00 inches in lagoon 1. A level
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality lntemet: www.ncwaterguality-erq
225 Green St., Ste. 714 Phone: 910-433-3300 One
Fayetteville, NC 28301 FAX 910-486-0707 North Carolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Natmrall
Mr. Bordeaux
January 4, 2011
Page 2
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.
A compliance inspection was done and all records were reviewed and lagoon 1 returned to compliance
on 0212010. Review information received from your operational review to help prevent future high
freeboards.
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
Sampson Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy Far ns
• North Carolina
Depai,nent,of Environunp-n, aad Natural R.-sources
Division
. i
Division of Water Quality
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
DIVISION OF WATER QUALITY
July 10, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Doug Bordeaux
98 Sweet Home Church Road
Elizabethtown_ NC 28337
Subject:_ Notice of Deficiency
Doug Bordeaux Farm 4 2
FacilitN- No. 09 - 40
Permit No. AWS090040
Bladen County
Dear Mr. Bordeaux:
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 deficient in vour 2H
.0217 Permit.
On March 20, 2001, you, or your representative for your farm, notified the Fayetteville Regional Officc
of the Division of Water Quality that the freeboard level of the lagoon was less than the minimum
(approximately 18 inches) required in the General Permit for this facility. The General Permit condition
III -6.c. 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 any of the
following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V(3) of this General Permit."
- The Division of Water Quality will take no further action for this reported incident at this time. The
Division of Water Quality request$ that you advise the Fayetteville Regional Office when the farm is back
in compliance with its General Permit for freeboard required at your facility.
Failure to comply with the above condition may result in the facility losing its General Permit and being
required to obtain an individual non discharge permit for the facility.
225 GREEN STREET - SUITE 7141 SYS T:.L BUILDING / FAYETTFVILLE, NC 2¢301-5043
PHONE (910) 486-1541 FAX (910) 486-0707 W'W1§'-LN - A'E NC' US/ENR';
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTIOti EMPLOYER- 50°A RECYCLED/I0% POST CONSU`.SER PAPER
DENR TOLL FREE HOTLINE: 1.877-613-6738
Mr. Doug Bordeaux
Page 2
July 10, 2001
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
Sam Warren -Bladen Co. NRCS
Trent Allen-DSWC Fayetteville Office
John Bizic-Murphy Farms
Central Files -Raleigh
h
IL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 30, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Douglas Bordeaux
98 Sweet Home Church Rd.
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION 1 NOV-2009-PC-0575
Administrative Code 15A NCAC 214.
Douglas Bordeaux #2
Facility No. 9-40
Bladen County
Permit -No. AWG090040
Dear Mr. Bordeaux:
Dee Freeman
Secretary
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.
Violation I: Failure to maintain waste levels in your waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. AWS09040 Section V 2)
On January 30, 2009 a waste structure liquid level was documented at 13 inches of freeboard at lagoon 1
A level of 19 inches is the maximum level allowed by your permit. You reported this to DWQ by phone the
reason stated was a broken water line.
AQUIFER PROTECTION SECTION
225 Green St„ Ste, 714
Fayetteville, North Carolina 28301
Phone: 910-433-3300 L FAX : 910486-07M Customer Service 1-877-623-6748
intemet: www.h20.enr,state.nc.us
An Equal Opporlunily 1 Affirmative Action Employer
011e
NorthCarolina
Naturally
114r. Bordeaux
June 30, 2009
Page 2
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated February 1, 2009 and
received in the Fayetteville Regional Office on February 2. 2009. The second POA received on March 2, 2009.
'Dake all necessary additional steps to insure lagoon levels remain in compliance with Section V2 of your
permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit
the following items:
1. Please have the OIC for this farm include an explanation as to how this violation occurred.
2. This is the second NOV in a three year period you are now required to obtain a review of your Waste
Management Plane by a Technical Specialist. This review must be submitted to the Fayetteville
Regional Office in writing within 60 days of receipt of this NOV. The review must contain any
corrective action taken or proposed to be taken to improve the facility's compliance.
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 any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton
Environmental Specialist or myself at (910) 433-3300.
Sincerely;
Stephen A. Barnhardt
�� Regional Aquifer Protection Supervisor
SB/tab
cc: Central Files — Raleigh
✓APS Central Files
Danny Edwards — SWC FRO
Prestige Farms
March 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Douglas Bordeaux
98 Sweet Home Church Rd.
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION NOV-2008-PC-0183
Administrative Code 15A NCAC 2H.
Douglas Bordeaux #2
Facility No. 9-40
Bladen County
Permit No. AWG090040
Dear Mr. Bordeaux:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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.
Violation 1: Failure to conduct a sludge survey for 2007 in accordance with your permit section III
condition 19.
On January 301h 2008 a compliance inspection was conducted at your facility. A review of your records showed no
sludge survey was done during calendar year 2007 for your lagoon -
Required Corrective Action for Violation 1:
Conduct a sludge survey within 60 days of receipt of this letter.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items when sludge survey is completed.
1. Please have the OIC for this farm include an explanation as to how this violation occurred.
2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
3. Please send a copy of your new sludge survey to the Fayetteville Regional Office.
oy`
NCarolina
Naturally
North Carolina DVRQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300
FAX (910) 486-0707 lNemet: h2o.enr,state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10°% Post Consumer Paper
Mr. Bordeaux
March 14, 2008
Page 2
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 any questions concerning this matter, please do not hesitate to contact either Mr. (Steve Guyton
Environmental Specialist or myself at (910) 433-3300.
Sincerely,
Stephen Barnhardt
Regional uifer Protection Supervisor
SB/tab
cc: Central Files - Raleigh
FRO Files
of W A rFR
CO
D `C
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Douglas Bordeaux
98 Sweet Home Church Rd
Elizabethtown NC 28337
Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Douglas Bordeaux #2
Facility No. 09-040
Bladen County
NCA209040
Dear Mr. Bordeaux:
Coleen H. Sullins, Director
Division of Water Quality
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to maintain waste levels in your waste structure(s) in accordance with the facilities
Certified Animal Waste Management Plan. (Permit No. NCA200000, Section V 3.)
On 01123/2007a waste structure liquid level was documented at 18 inches of freeboard at lagoon 1. A level of 19.5
inches is the maximum level allowed by your permit. On 0112612007, a DWQ Compliance Inspection noted a high
lagoon level inaccurately represented by a marker. Subsequent leveling during a Structure Evaluation three days
later confirmed that the marker was 14 inches too high, resulting in a structural zone freeboard of 4 inches, instead
of a storage zone freeboard of 18 inches.
Required Corrective Action for Violation 1:
At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures
with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization
Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
If you are not aware, you now may pump up to eight (8) inches below the "Stop Pump" mark between June 15 and
October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met.
No�` Carolina
Aatura!!y
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300
FAX (910) 486-0707 lnternet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal OpportunitylAtBnnative Action Employer - 50% Recydedll0% Post Consumer Paper
Mr. Douglas Bordeaux
July 11, 2007
Page 2
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 any questions concerning this matter, please do not hesitate to contact either Joan Schneier,
Environmental Specialist, or myself at (910) 433-3300.
Sincerely,
Stephe�l. B�rnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: APS Central Files
FRO APS Files
Anthony Dial -SWC, FRO
Murphy Family Farms
Douglas Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
NCDENR
Division of Water Quality
Explanation of violation
Farm: Douglas Bordeaux #2
Facility No. 9-40
Bladen County
Permit No. AWG090040
September 3, 2009
RECEIVED
SEP 0 8 M
Mi-FAYE[iEV URM"IffiCE
A water line had broke and wasn't noticed by employee, along with heavy
rainfall during this time.
Douglas Bordeaux
OIC 17945
North Carolina Conservation Partnership
122 Powell -Melvin Agriculture Service Center
Elizabethtown, N.C. 28337
Phone: 910-862-3179 ext.3
Fax: 910-862-6447
September 3, 2009
Mr. Douglas Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
Dear Mr. Bordeaux,
Bladen Soil and Water
Conservation District
USDA -Natural Resources
Conservation Service
RECEIVED
SEP 0 8 M
OEM -fAO LLEREGONA OMCE
The Bladen Soil and Water Conservation District staff visited Doug Bordeaux # 2 Swine
Finishing Farm on August 27, 2009 to review the waste management plan and make
recommendations for managing the lagoon level and waste application procedures.
The current waste management plan utilizes all available acreage on this farm and
maximizes the use of over seeded crops. The soils on this farm are clay based and do not
receive large quantities of water at any one event. Rainy periods can delay waste
application events and contribute to high lagoon levels. I recommend the following best
management practices to be followed on this farm:
1.) This farm utilizes 25.83 acres of hybrid Bermuda pasture over seeded with a cover
crop in the waste management plan. Swine waste may be applied to hybrid Bermuda
pasture from 311 to 9/30 each year. Use every available opportunity to spray during the
spring and summer months to lower lagoon levels. This is imperative for a successful
operation.
2.). The plan uses the maximum amount of nitrogen allowed for small grain overseed
(100 lbs N ). To be able to apply this amount, you must comply with application windows
and harvest dates recommended by the Memorandum published by NC State University.
An application of 50
lbs/acre of PAN may be applied to the small grain overseeds between 9115 and 10130.
An additional 50 lbs/acre of PAN may be applied in February and March. Harvest of
small grain is required prior to heading or April 7, whichever comes first.
3.) The Division of Water quality allows for an 8" drawdown during the summer and fall
months - from 6115 to 10131 each year. Notification is required if you choose to manage
your lagoon liquid lower than the stop pump mark. I highly recommend you take
advantage of this opportunity in preparation for hurricanes and early winter rainfalls
when pumping opportunities and available receiver crops are limited.
4.) The soils on your farm are clay based. Soils of this nature can make infiltration of
water difficult at times. I recommend you use a ripper/subsoiler or pasture aerator on all
your acreage to allow maximum intake of waste application water and to prevent runoffs.
5.) Cup waters can be installed and are recommended to be installed in your houses. A
water use meter will allow you to record and monitor water consumption. Cup waterers
can reduce the amount of liquid entering the lagoon from the houses themselves. Check
for cost share assistance availability.
If you have any questions or need any further assistance please contact the Bladen Soil
and Water Conservation District Office at (910) 862-3179 Ext. 3.
Sin,Vyel Y,
Pbert4DeAanMornOs—p?�
Natural Resource Conservationist
Bladen Soil and Water Conservation District
�F W A 7'F
�Q
Michael F. Easley, Governor
William G. Ross Jr., Secretary
`��
y
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P -E. Director
0 -�
Coleen Sullins, Deputy Director
Division of Water Quality
November 13, 2003
Douglas Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
Subject: Rescission.of Notice of Violation /
Issuance of Notice of Deficiency
Douglas Bordeaux #2
9-40
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 compliancelenforcement 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: (919) 733-5083
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:llh2o.enr.state. nc.us
W�
N'CDEN.R
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.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 9-40
Non -Discharge Compliance and Enforcement Unit
Central Files
J A AQG
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
y
North Carolina Department of Environment and Natural Resources
>
Alan W. Klimek, P.E. Director
Coleen Sullins, Deputy Director
Division of Water Quality
November 13, 2003
Douglas Bordeaux
98 Sweet Home Church Road
Elizabethtown, NC 28337
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Douglas Bordeaux #2
9-40
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 lb, 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.
A
�i�
NCDEN i
Customer Service: Mailing Address: Telephone: (919) 733-5083 Location:
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:11h2o.enr.state.nc.us
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.
Sincerely,
U10
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 9-40
Non -Discharge Compliance and Enforcement Unit
Central Files
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Douglas Bordeaux
98 Sweet Home Church Road
Elizabethtown NC 28337
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Douglas Bordeaux #2
#9-40
Bladen County
Dear Sir or Madam:
Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of water Quality
232003
On March 7, 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 15, 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
NZEM
Customer Service: Mailing Address: Telephone (919) 733-5083 Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
ht1pJ/h2o. enr. sta te. 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
(910) 485-1541.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Raw,
1�aHNFR
DIVISION OF WATER QUALITY
August 26, 1997
CERTIFIED NIA>IL
RETURN RECEIPT REQUESTED
Mr. Doug Bordeaux
Route 2, Box 740
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
Doug Bordeaux Swine Facility
Registration No. 09-40
Bladen County
Dear Mr. Bordeaux:
On August 18, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Doug Bordeaux swine facility. It was observed that the CAWMP calculated
the bermuda grass waste application fields as bermuda hay when actually the fields are in
pasture. The CAWMP needs to be rewritten to include a reduction of plant available nitrogen
(PAN) in the pastures. This reduction in PAN could result in a shortage of adequate acreage for
the facility. Also, the CAWMP was modified by Mr. Sam Warren (MRCS) to include acreage in
two tract numbers (T 3185 and T 3238) which are not owned by Mr. Bordeaux and no third
party agreement was available. The lagoon dikes need to be planted in a cover grass and the
cattle trail needs to be relocated off the lagoon dike.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Consult with a technical specialist for assistance in regard to correcting / reissuing the
CAWMP to conform with the actual usage of the waste application fields and to recalculate the
nitrogen balance to determine that adequate acreage exist. Also, attach a map that illustrates the
tract numbers and acreage as well as irrigation design and location for hydrants. The two fields
added in the narative portion CAWMP should have a third party agreement recorded with the
deed prior to inclusion in the CAWMP since ownership is different than the producer.
2,' Consult with a technical specialist for assistance in possible options for cover grasses for the
lagoon dikes and liner.
Wachovia Building. Suite 714, FayettevilleN%qFAX910-486-0707
043North Carolina 28301-5An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 5046 recycled/ 10% post -consumer paper
Page 2
Doug Bordeaux
August 26, 1997
Please notify this office on or before September 26, 1997 at the address below 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 or may
result from these deficiencies.
If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS