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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