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090044_ENFORCEMENT_20171231
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P� � � ' i �"'i r ' } �, - � F i.';. � i v . . d � , p 'w.y r��S• la y .A� ' rc' i ,,� - , I, " 1.4 806 Village Street Bladenboro, NC 28320 June 30, 1998 Stephen A. Barnhardt RECEIVED DEHNR 7 1998 Division of Water Quality 225 Green Street, Suite 714 FAYETTEVILLE Fayetteville, NC 28301-5043 REG. OFFICE Dear Mr. Barnhardt, This letter is in response to the Notice of Violation dated June 17, 1998 issued to Curtis Ludlum Swine Farm, Facility No. 09-44. On June 12, 1998, irrigation with a traveling gun system was conducted on Field 2 of Tract 454. After approximately two hours of operation, the engine belt began slipping and iced to retrieve the gun at the specified rate. As a result, ponding occurred which led to runoff of irrigation water into the adjacent field ditch through a surface drain. When the runoff was discovered, actions were taken to block the surface drain preventing further runoff The irrigation water which did not flow downstream in the ditch was pumped back onto the field. Although this ditch is listed as an intermittent stream on USGS maps, the irrigation water did not leave the property and did not enter waters of the state. It is clear that this incident was due to equipment malfunction and did not arise from intent or negligence. In addition, the inside slopes of the lagoon have been reseeded since the fall inspection to establish a cover to prevent erosion. Some areas now have cover and bare areas will be shaped and reseeded as soon as possible. The field which is noted by the inspection report as requiring establishment of crop has been sprigged in coastal bermuda twice. The type ofbermuds which was used in this area, however, has not spread as well as the other type. This area will be re -sprigged in the spring during the recommended coastal sprigging dates. I am currently consulting with a technical specialist to revise the waste management plan to account for this lack of coastal bermuda and to adequately address the small lounging areas of the cattle. Due to the fact that the runoff was due to equipment failure and did not reach waters of the state, I respectfully request that the Notice of Violation be reduced to a Notice of Deficiency. The other issues addressed in the inspection report are problems which will be taken care of in a timely manner but are not serious enough to warrant a violation. I appreciate your time and consideration in this matter. Sincerely, Curtis Ludlum State of North Carolina Department of Environment, Health and Natural Resources FayeffevOle Regional office James B. Hunt Jr., Governor Jonathan B. Howes. Secretary �EHN� DIVISION OF WATER QUALITY August 26, 1997 CERHEIED MAIL RETURN -RECEIPT REOLIES �D Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 SUBJECT: NOTICE OF DEFICIENCY Curtiss Ludlum Swine Facility Registration No. 09-44 Bladen County Dear Mr. Ludlum: On August 19, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Curtis Ludlum swine facility. It was observed that the CAW'W calculated the bermuda grass waste application fields as bermuda hay when actually all the fields are in pasture. The CAWMP requires rewriting to include a reduction of plant available nitrogen (PAN) in the pastures. This reduction could result in a shortage of adequate acreage for the facility. Also, the map available does not identify the tract numbers. One of the fields has matua instead of the bermuda hay listed in the CAWMP. The new lagoon needs to be stabilized to prevent further damage to the liner. 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. 2. Consult with a technical specialist for assistance in repair and stabilization of the lagoon dike and liner. Please notify this office on or before September 22, 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. Wachovia WIding, Suite 714, Fayetteville i FAX 910-486-0707 North Carolina 28301-5M f CAn Equal Opportunity Affirmative Action Employer Voice 91G-486-1541 50`� recycled/10% post -consumer paper f' Page 2 Curtis Ludlum August 22, 1997 If you have any questions concerning this matter, please call Bob Heath, at (914) 486-1541. cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS Sincerely, Robert F. Heath Environmental Specialist DIVISION OF WATER QUALITY July 20, 1998 L*aaft! &- t OWNER Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: Response to Notice of Violation Curtis Ludlum Swine Farm 4 Facility No. 09-44 Bladen County Dear Mr. Ludlum: This is in response to your letter of June 30, 1998 regarding the Notice of Violation issued to your swine farm located off SR1128 in Bladen County. In your response, concerning the violations of General Permit No. AWS090044, you indicated that the discharge of waste into the drainage canal (intermittent stream) resulted from an equipment malfunction. The certified operator should observe that the equipment is functioning properly when placed in operation. Periodic observation as often as necessary should be performed by the operator to prevent runoff from occurring. In addition, when a discharge occurs from any part of the facility you are required to notify theDivision of Water QuWily as soon as pgssible, but in no case more than 24 hours following the occurrence or first knowledge of the occurrence. After notification, the responsible party or his agent is required to file a written report in letter form within 5 days following first knowledge of the occurrence. The inspection of the facility identified several other violations of your permit to include poor crops (coastal bermuda grass), excessive lounging areas in most of the waste application fields, and poor to non-existent grass cover on the lagoon dikes. Mr. Ludlum Page 2 July 20, 1998 In addition, your letter did not address the odor and insect complaint that resulted in the site visit by the Division on June 11, 1998. This inspection resulted in the discovery of the discharge of swine waste from the waste application field into the stream. The location of the dead animal box adjacent to the residences (approximately 150 feet) without suitable a cover was confirmed during the visit and a request to relocate the dead animal box was discussed. After a review of the files and the information submitted, the Division of Water Quality has determined that the issuance of the Notice of Violation to this facility is warranted. Future violations of a similar nature may result in the issuance of an Enforcement Action to this facility. 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-I 541. Sincerely, Stephen A. Barnhardt acting Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren- Bladen Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Carrolls Foods, Inc. (L.aurinburg Division) .i 't 'e, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY June 17, 1998 Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 Curtis Ludlum Swine Farm Facility No. 09-44 Bladen County Dear Mr. Ludlum: 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 June 12, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of your swine farm located off SR1128 in Bladen County. During the inspection a discharge of swine waste was identified from a spray field into surface waters of the state namely an unnamed tributary of Big Swamp. The inspection revealed that the lagoon dikes needed a suitable cover grass established to prevent erosion of the liner, that swine waste was ponded adjacent to the canal in the spray field, and several of the waste application fields required the establishment of the crop (bermuda grass) per the certified animal waste management plan (CAWMP). In addition, most of the waste application fields have cattle lounging areas where no vegetation exist that would account for several acres in the CAWMP. Also, the wet area in the fescue waste application field needs removal from the CAWMP. 225 GREEN STREET, SUITE 714, FAYETTEVILLE., NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER .W 1 Mr. Ludlum Page 2 April 17, 1998 The Division of Water Quality requests that the following items be addressed: 1. The CAWMP for the Curtis Ludlum Farm will need to be modified to exclude the lounging areas. The spray fields that are jurisdictional wetlands or have water ponding during the month of June should be considered unsuitable for waste application. Consult with a technical specialist for assistance. 2. Contact a technical specialist for assistance in the calibration of the waste application equipment to insure that the application rate does not exceed the infiltration rate of the soil resulting in ponding and run-off. 3. Establish a suitable cover grass on the inside slopes of the lagoon dikes. 4. Establish a suitable crop in the waste application fields per the CAWMP. Please be advised that this notice does not prevent the Division of Water Quality from tatting enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. Please provide a written response to this office on or before July 20, 1998, regarding corrective actions taken or planned. 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, Step A. Barnhardt acting Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren- Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Carrolls Foods, Inc. (Laurinburg Division) - w , NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 20, 1998 Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: Response to Notice of Violation Curtis Ludlum Swine Farm Facility No. 09-44 Bladen County Dear Mr. Ludlum: This is in response to your letter of June 30, 1998 regarding the Notice of Violation issued to your swine farm located off SRI 128 in Bladen County. In your response, concerning the violations of General Permit No. AWS090044, you indicated that the discharge of waste into the drainage canal (intermittent stream) resulted from an equipment malfunction. The certified operator should observe that the equipment is functioning properly when placed in operation. Periodic observation as often as necessary should be performed by the operator to prevent runoff from occurring. In addition, when a discharge occurs from any part of the facility you are required to notes the Division of Water Quality as soon as possible, but in no case more than 24 hours following the occurrence or first knowledge of the occurrence. After notification, the responsible party or his agent is required to file a written report in letter form within 5 days following first knowledge of the occurrence, The inspection of the facility identified several other violations of your permit to include poor crops (coastal bermuda grass), excessive lounging areas in most of the waste application fields, and poor to non-existent grass cover on the lagoon dikes. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PNONE 910-486-1541 FAX 91 O-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Ludlum Page 2 July 20, 1998 In addition, your letter did not address the odor and insect complaint that resulted in the site visit by the Division on June 11, 1998. This inspection resulted in the discovery of the discharge of swine waste from the waste application field into the stream. The location of the dead animal box adjacent to the residences (approximately 150 feet) without suitable a cover was confirmed during the visit and a request to relocate the dead animal box was discussed. After a review of the files and the information submitted, the Division of Water Quality has determined that the issuance of the Notice of Violation to this facility is warranted. Future violations of a similar nature may result in the issuance of an Enforcement Action to this facility. 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, qA. A. unhardt acting Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren- Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Carrolls Foods, Inc. (Laurinburg Division) 11�10F wA7-F9p Michael F. Easley, Governor 02 William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P-E, Director p Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject- Rescission of Notice of Violation / Issuance of Notice of Deficiency Curtis Ludlum Farm Facility Number 09-44 Bladen County Dear Mr. Ludlum: Thank you for your recent submittal of the information requested in our letter dated April 15, 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. Wd 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 15, 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. d;� f+ DERR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 a00 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 IAffirmative Action Employer 50% recycled / 10% post -consumer paper http:1/h2o.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, j� Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-44 Non -Discharge Compliance and Enforcement Unit Central Files �Ok W A TE� Michael F. Easley, Governor �O G William G. Ross Jr., Secretary � y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director p -C Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Curtis Ludlum Farm Facility Number 09-44 Bladen County Dear Mr. Ludlum: Thank you for your recent submittal of the information requested in our letter dated April 15, 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. Wd 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 15, 2003, and replaces it J 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. WAT INCDENR 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 IAffarmative Action Employer 50% recycled 1 10% past -consumer paper http://h2o.enr.state.ne, 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, Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-44 Non -Discharge Compliance and Enforcement Unit Central Files t Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number 09 — Farm Name Curtis Ludlum Farm Owner Frist Name Curtis Owner Last Name Ludlum O Reporting O Complaint Source Sonya Johnson Date 1-31-2000 Time 5:10 Call Number 03 Breached O Yes ONO Freeboard Level t P6 Depopulated O Yes ONO Freeboard Level 2 4 Overflowed O Yes O NO Freeboard Level 3 La Issue 10 Yes ONO Freeboard Level 4 PermissionToPump O Yes ONO Inudated O Yes O No Freeboard Level 5 Flooded O Yes ONO Freeboard Level 6 Pumping Equipment O Yes ONO Comments ,.,...r.......,............................................................................................................................................................ .......................... ... ........................................................................... ........................... ...................................... .............. .irate. Farm is in compliance. .T................................................-............................__.........................................._..................................__.................................................. .................................................................................................................................................................................................................... (� W k rF Michael F. Easley, Governor �0�0 9QG William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director J Division of Water Quality Coleen H. Sullins. Deputy Director Division of Water Quality December 15, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code'] 5A NCAC 2H .0217 Curtis Ludlum Farm Facility No. 09-44 Bladen County Dear Mr. Ludlum: 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 214.0217 Permit. On December 2, 2003 staff from the Fayetteville Regional Office of the Division of Water Quality visited your swine farm located in Bladen County. That visit was in response to a complaint this office received from an adjacent neighbor. The complaint stated that drift from your application equipment was coming onto the neighbors' property. Upon arrival DWQ staff discovered that in the field behind the neighbors' house an application event was taking place. Staff did not observe drift onto the neighbors' property and according to the complainant the wind had shifted. However, staff did observe ponding in the area along the property boundary. The spray gun apparently had moved from this low-lying area near the neighbors' property line further out in_ the field and was continuing to run. Its' position on the raised portion of the field added to wastewater already ponded below. Later you stated that Charles Hyatt, a farm employee, had arrived early that day and had pulled the gun cart out to far. This resulted in wastewater collecting in the field corner and then exiting through a field tile drain into a canal. This waterway is an un-named tributary of Nance's Mill Pond and the Big Swamp within the Lumber River Basin. Please be advised that applications that result in excessive ponding and more seriously the discharge of wastewater to Waters of the State are inconsistent with your Waste Utilization Plan and violate your NPDES Permit. These violations of the permit are the reasons this office will recommend enforcement to the Central Office. .qw !F6 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 Mr. Ludlum 12-15-03 Page 2 The Division of Water Quality requests that the following items be addressed: Do not apply wastewater in a method that will result in a discharge to Waters of the State. 2. Actively monitor all spray events for discharges and report them as required by the Permit. 3. Review with farm employees' wastewater application responsibilities and pump only when proper conditions exist. 4. Submit copies of your current CAWMP and irrigation records for the past 12 months. 5. Write an explanation of how the discharge occurred and your corrective measures to help prevent future incidence. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is forwarding a recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation_ if you have an explanation for these violations 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. The explanation should be received by this office on or before January 10, 2003. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your response will be forwarded to the Director with the enforcement package for his consideration. WWI N. C. Division of Water Quality 225 (seen Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Ludlum 12-15-03 Page Three If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry Baxley, Environmene�ialist, or myself at (910) 486-1541. Sin Paul V Rawls Regional Water Quality Supervisor PR/lb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Danny Edwards --- SWC, FRO Central Files - Raleigh 95� K C. division of Water Quality 225 Green Street Fayetteville. north Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service i -x 77-623-6748 Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (910) 864-1920 / 864-8774 fax CHAIN OF CUSTODY RECORD PAGE -_I_ OF— _ cuEar NAME • PROJECTr N: sort TYPE OF ANALYSIS PRESERVATION CODE St *c t � CODE: A a 00C ONLY 07 a� S � `t e •• COrtTAiCr PFJiSOMt o B = HNO3 (ph<2) + <4`C 44, G. a f r (f. �ca �! jc T C 6 H2SO4 (ph4) + <4'C Z PHONE T Q k V D G NWH + <40C anrKER r o y & G - / S c1 / u I �+ . E mlZ'N Acetata+ c4'C.. DATE IA@Tfi00OF BINPIReNT: E �j „� \� F a SodUm Thin. LAB ID E SAMPLE TYPE DATE TIME COMP GRAB s srr as TeMP *C Sourx-e /?_a-o3 9,ys ✓ 3 i' c Cow �IkleL;C#-1 l�- a-o3 9�s`o ✓ .3 P c Down, sf'rta .-• %.�- �-L'3 ��.�_3 V i Comments or Special Hazards: Field pH: ® Microbac Labdratories, Inc. FAYETTEVILLE DIVISION NC #11 2592 HOPE HILLS ROAD NC #37714 FAYETTEVILLE, NC 28306 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) http://www.rnicrobac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: 225 Green Street, #714 Fayetteville, NC 28301 CONTACT PERSON: Mr. L. Baxley -'--ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #03WE128311 2. Confluence - ID #03WE128312 3. Downstream- ID #03WD128313 4. Upstream - ID #03WU128314 DATE REC•D: 12/02/03 SAMPLED: 12/02/03 SAMPLED BY: L. Baxley DELIVERED BY: L. Baxley SAMPLE CODE: WW, Grab REFERENCE: Curtiss Ludlum Farm DATA REVIEWED BY: ,.h.� DATE REPORTED: 12/22/03 ANALYSIS b&VHOD 1 2 3 d BOD (mg/L) EPA 405.1 308 208 3.83 5.79 COLIFORM, FECAL (per 100 ml) SM10 9222D 64000 33000 27 57 NITRATE (mg/L)' EPA 353.3 0.384 1.55 1.22 1.94 NITRITE (mg/L) SPA 353.3 <0.1 <0.1 <0.1 <0.1 NITROGEN, AMMONIA (mg/L) EPA 350.2 375.39 120.4 0.28 <0.14 cPS: < = Less than > = Greater than PAGE 1 OF 1 # DEC 3 0 20j f i The data and other information contained on this, and other accompanying documents. represent only the RolE M B E R sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research O Microbac Laboratories, Inc. Fi,aETTEVIi,LE DIVISION ITC #11 q 2592 111 MILLS 1tUAi.) NC #37114 Microbale FAYETTEVILLE., NC 28305 USDA #3787 (910) 8541-1920 !.'�97�J) .864.-8774 (FAX) s ` n . http:H :w nucrobdc:com .' CHEMISTRY MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS ' CERTIFICATE OF ANALYSIS CLIENT: NC DENR -- DWQ BATE RE'C'D: 12/0 Iley 03 SAMPLED:.12/02/03 ADDRESS: 225 Green Street, #714 SAMPLED BY: L. A Fayetteville, NC 28301 DELIVERE-D-SY: L. Baxley CONTACT -PERSON- Mr.. L.,_ Baxley _ i SAMPLE CODE: WET, Grab - ACCOUN'! NUMBER: #KN003 REFERENCE: Curtiss Ludlum Farm 9 7 . SAMPLE ID: 1.,Source - ID #03WE1283I1•1 2. ConiluerL a - ID #03WE128312 _ --- 3. Downstream- ID #03WD128313 4. Upstream - ID #03Q'2833k4 a DATA REVIEWED BY. DATE REPORTED: 12122/03's,,, 7 'f .L#+'#++ + +L''•i-4Of+4iiii►'i +i4++ +++4-ii ii•-1•�•M##"+'1-#a.-#LL 4.4+i,L i-ii.+#i 1>e' ETHOD l 2 A +;;y,}a.{.;i+ilr#ti•#*i4ii+�•k 4;i•Yiii-4+}}1••!}i+Ff+,L++d-} •3 B6D (mg/L) EPA 405.1 308 x 208 3.93 5.79 COLIFORM, FECAL (per 100 ml) SM18 9222D 64000 33000 27 57 NITRATE (mg/L) EPA 353.3 0.384 1.55 1.22 1.�4- NITRITE (mg/I,) EPA 353.3 <0.1 <0.1 <0.1 <0..1 NITROGEN, APRIONIA (mgi i.) EPA 350.2 375.39 120.4 0.18-• <0. 14 CObl@&NTS:4 < Less -.than v > - Greater. than: PAGE 1 OF 1 a The data and other information contained on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research' MEMBER Michael F. Easley, Governor William G. Ross Jr.. Secretary Noah Carolina Department of Environment and Natural Resources 0 January 13, 2004 MEMORANDUM TO: Jeff Poupart Non-Disch a Compliance THRU: Paul Ra s Water Qua gional Supervisor Fayetteville Regional Office FROM: Larry Baxley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package Curtis Ludlum, Farm Facility No. 0944 Bladen County Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. if you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: www.enr.stale.nc.us/FNR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF CURTIS LUDLUM FARM FOR VIOLATIONS OF PERMIT 15A NCAC 2H .0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD FINDINGS AND DECISION } AND ASSESSMENT OF CIVIL PENALTIES ) Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, .leff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality (DWQ), make the following: I_ FINDINGS OF FACT: A. Curtis Ludlum Farm owns and operates a concentrated animal operation in Bladen County. B_ Curtis Ludlum Farm was issued Certificate of Coverage NCA209044 under an NPDES General Permit for Curtis Ludlum Farm on April 9, 2003 with an expiration date of July 1, 2007, C. December 2, 2003 DWQ staff observed a discharge of wastewater from the Curtis Ludlum Farm during farm waste application activities into a UT of Nance's Millpond and Big Swamp, which are Class C-Sw waters of the State within the Lumber River Basin_ D_ Curtis Ludlum Farm had no valid permit for the above described activities. E. The cost to the State of the enforcement procedures in this matter totaled $ 1,090.03 Based upon the above Findings of Fact, 1 make the following: IL A. B. C. D_ E. CONCLUSIONS OF LAW: Curtis Ludlum Farm, is a "person" within the meaning of G.S_ 143-215.6A pursuant to G.S. 143- 212(4). A permit for this animal waste management system is required in accordance with 15A NCAC 2H ,0217 and G.S. 143-215.1. That Nance's Millpond and its' tributaries constitute waters of the State within the meaning of G.S.143-215.1 pursuant to G.S.143-212(6). The above -cited discharge is a violation of the nondischarge permit, 15A NCAC 2H .0217. Curtis Ludlum Farm, may be assessed civil penalties in this matter 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 for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S_ 143-215.1, F_ The State's enforcement costs in this matter may be assessed against Curtis Ludlum Farm pursuant to G.S.143-215.3(a)(9) and G.S.143B-282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), 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: III. DBCI910N: Accordingly, Curtis Ludlum Fann is hereby assessed a civil penalty of - for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. $ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $ 1,n9e_03 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of hann 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) Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality ANIMAL OPERATION INSPECTION FORM 1. Date of Inspection(s): December 02, 2003. 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner of Property: Curtis Ludlum. 4. Name of Operator: Curtis Ludlum Farm. 5. Address: 806 Village Street Bladenboro, NC 28320 6. Phone Number: (910) 863 - 4265. 7_ Description of Facility Location, Map excerpt attached: Farm is located offof SR 1100 approximately three miles north of the town of Bladenboro. Take a left on SR 1 128 and the farm is'/. mile on the left. 8. Date this facility began operation: 07/16.97. 9. Date of last expansion: Not applicable. 10: Has the facility registered with DWQ? If yes, date of registration. N/A. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation: N/A. 13. Type of operation: Swine: Feeder to Finish. 14, Number and type of livestock: There were approximately 7,040 feeder to finish swine on the site at the time of inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period: Twelve {12) months 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yesfacilitywas designed to utilize approximately 75 acres of land on which to apply waste. The certified waste management plan tails for Bermuda wed and fescue grazed, both of which can be over seeded with small grain and then grazed. 17. Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over flushing pits. Waste is flushed as needed from floor nits into the waste lagoon system_ The lagoon system is com2psed of two (2) lagoons from which waste can be pumped to the application fields via a mobile reel and spray gun stem. 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A swine farm onned and operated by Pork Partners, Inc., facility number 094 i, is approximated 1.5 mile to the southeast and also has, Closegroximity to Nance's Mill Pond and the Big Swamp. 19. Proximity of facility to neighboring houses, wells, etc.: The nearest residence is at a distance of approximately 150 to 200 feet from the farm propeay line, 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown. 21. Proximity of facility to surface waters: A blue line tributaEy connects with the canal is located less than fifty yards ftQm the field edge where the discharged swine waste water teas bein a lied. 22. Animal waste discharged: Swine Witnesses: Larry Baxley, DWO-WO Fayetteville Regional Office (910) 486-1541 Hughie White. DWO-WO Favetteville Regional Office (910) 486-1541 23. Are pollutants discharged in the waters of the State? YES 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? Yes 25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters that will cause or add to the possibility, of algal blooms and accelerated eutrophication of the stream. There are no known public health issues at this time. Waste discharges of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of -riculture, Vetehnga Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation? DWQ staff arrived at the Curtis Ludlum Farm on the morning of December 2. 2003 in response to a complaint from neighbor Mickey Barfield. Mr. Barfield stated drift from a waste application was coming onto hisproperty. He also stated he believed the waste was entering the canal at the back of his property. During the site visit wastewater was observed to be 1onding in a low spot of the field along the edge of the wood line. Closer observation revealed wastewater exiting the spray field through a piece of drainage tile and flowing into the canal. The wastewater then traveled less than one hundred yards through the canal and into a blue line UT of Nance's Mill Pond and Big Swamp. Samples were taken. The farm owner arrived and directed his employees togjhut off the pumo and dam the the to contain the wastewater still in the field. Farm employees then cleaned up the standing wastewater and applied it to drier areas of the field. Approximately 100 to 200 gallons of wastewater entered the canal. ABBREVIATED SAMPLE RESULTS Location Coliform, Fecal BOD Nitrogen Source 64,000/100ml 308.00 mg/L 375.39 mg/L Upstream 57 5.79 0.14 Confluence 33,000 208.00 120.4 Downstream 27 3.83 .28 27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream. 28. What is the cost of rectifying the damage? The cost of rectifying damage would have included recovering waste from the canal along the oroverty line and returning the waste to the lagoons or spray field. 29. What is the amount of money saved by noncompliance? NIA. 30. Was the violation committed willfully or intentionally? While closer monitoring of the application event possibly could have prevented or at least lessened the incidents im act it cannot be stated that the violation was willfully committed. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? June of 1998 the farm had a discharge to waters Qf the state and the farm received an NOV. 32. What is the cost to the State for the enforcement procedures? BOD: $32.40/ea X 4 samples S 129.60 Coliform, Fecal: $23.40/ea X 4 samples $ 93.60 Nitrate: $32AO/ea X 4 samples $129.60 Nitrite: $32.40/ea X 4 samples S 129.60 Ammonia: $27.00/ea X4 samples $108.00 Larry Baxley @ 19.03/hr X 2.0 hrs (Investigation) $ 38.06 Drive time-2.0hrs S 38.06 Report Development- 8.Ohrs S 152.24 Hughie White@ 19.03/hr X 2.0 hrs (Investigation) $ 38.06 Drive time- 2hrs S 38.06 Report Development- 5.Ohrs S 95.15 Central Qffice Review TOTAL i 00.00 $ t,090.03 33. Type or general nature of business: Swine, Feeder to Finish. 34. What is the violator's degree of cooperation or recalcitrance? Cooperative. The owner has taken steps lessen the environmental impacts and has initiated olicies to prevent a future occurrence. 35. Are there any mitigating circumstances? N!A 36. Assessment Factors: a. 1WC: Unknown b. Receiving Stream: UT of Nance's Mill Pond and Big Swarnp,_Class C,Sw, c. Damage: None observed at time of incident. 37. Include a copy of any Designation letter silmed by the Director. N/A 38. Recommendations Made to Owner/Operator: I- To actively monitor all areas of the waste apnlication and management system. 2- To dam the field tile to prevent wastewater from exiting into the canal and then collect the material and put it back onto the spray held. 39. Recommendations for further DWQ Action: 1- Notice of Violation / Notice of intent (Forwarded December 15, 2003) 2- Enforcement Action 3- Reinskection 40. 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Ross Jr., Secretary North Carolina Department of Environment and Natural Resources fAlan W_ Klimek, P. E. Director j Division of Water Quality C) .0 Coleen H_ Sullins, Deputy Director Division of Water Quality December 15, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Curtis Ludlum 806 Village Street Bladenboro, NC 28320 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code '15A NCAC 2H .0217 Curtis Ludlum Farm Facility No. 09-44 Bladen County Dear Mr. Ludlum: 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 214,0217, you have been found to be in violation of your 214.0217 Permit. On December 2, 2003 staff from the Fayetteville Regional Office of the Division of Water Quality visited your swine farm located in Bladen County. That visit was in response to a complaint this office received from an adjacent neighbor. The complaint stated that drift from your application equipment was coming onto the neighbors' property. Upon arrival DWQ staff discovered that in the field behind the neighbors' house an application event was taking place. Staff did not observe drift onto the neighbors' property and according to the complainant the wind had shifted. However, staff did observe ponding in the area along the property boundary. The spray gun apparently had moved from this low-lying area near the neighbors' property line further out in the field and was continuing to run. Its' position on the raised portion of the field added to wastewater already ponded below. Later you stated that Charles Hyatt, a farm employee, had arrived early that day and had pulled the gun cart out to far. This resulted in wastewater collecting in the field corner and then exiting through a field tile drain into a canal. This waterway is an un-named tributary of Nance's Mill Pond and the Big Swamp within the Lumber River Basin. Please be advised that applications that result in excessive ponding and more seriously the discharge of wastewater to Waters of the State are inconsistent with your Waste Utilization Plan and violate your NPDES Permit. These violations of the permit are the reasons this office will recommend enforcement to the Central Office. ji FVAWI 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 Mr. Ludlum 12-15-03 Page 2 The Division of Water Quality requests that the following items be addressed: 1. Do not apply wastewater in a method that will result in a discharge to Waters of the State. 2. Actively monitor all spray events for discharges and report them as required by the Permit. 3. Review with farm employees' wastewater application responsibilities and pump only when proper conditions exist. 4. Submit copies of your current CAWMP and irrigation records for the past 12 months. 5. Write an explanation of how the discharge occurred and your corrective measures to help prevent future incidence. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is forwarding a recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations 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. The explanation should be received by this office on or before January 10,_2003. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your response will be forwarded to the Director with the enforcement package for his consideration. AiwbA WOENR N. C. Division of Water Quality 225 Green Street Fayetteville, Norm Carolina 28301-5043 (910)486-1541 Fax (910) 486-0707 Customer service 1-877-623-6748 Mr. Ludlum 12-15-03 Page Three If you have any questions concerning this matter, please do not hesitate to contact either Mr- Larry Baxley, Environmenat l � iiaiist, or myself at (910) 486-1541. S1 Paul E: Rawls Regional Water Quality Supervisor PR/lb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Danny Edwards — SWC, FRO Central Files - Raleigh N. C. Division of Water Quality 225 Green Street Fayette,67lle. North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 W NCDENR Customer Service 1-877-623-6748 li�l.i:gktiolal.WerolitTz)j�gAdbif-lirl� "IR A. Received by (Please Print Clea 04,e,b;liv plete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired., ■ "Print ybiur name and addiess on the reverse so that we can retum-thb'card to you. C. natu N Attach this card to the back of the mailpiece, 0 or o'n'.the'front it space permits. ts deiiv�ry adoA= from item i? es 1. Article Addressed to: D. ' ❑It YES, enter delivery address below. 0 No MR CURTIS LUDLUM 866-YILLAGE ST. BLADENBORO NC 28320 I Service Type Certified Mail 11 &press Mail 0 Registered - 0 Return Receipt for Merchandise 0 Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number (Fransfer "'rn service," -;7001 -2510 00110 667-.9 7290. PS Form 3811, March 2001 Domestic Return Receipt r iO2595-01-M-1424 Type of Visit ® 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 Date of Visit: 12-OZ-Z003 Time: S:SSam Facility' Number t19 44 0 Not Operational 0 Below Threshold ® Permitted ® Certified © Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ........................ Farm Name: CurMs.Lu.dium.Fktrm.......................... ............... County: BlAdea ............................................... ERG ............ Owner Name: CutRis........ ............................. Lttdl3um............... ........................ Mailing Address: &Q6_VjUAge,.!jt......... Facility Contact: Onsite Representative: Title:.. Phone No: 9-10. (t3 z.6S ............................. Oladeabore..NC................................................... 28329 ............. Phone No: .... Integrator: r_.an Qll's.FQ.Qds.tng.................... . Certified Operator: CaxUj.D, ............................... LmdJUM ............................................ Operator Certification. Numher:16-954....... ....................... Location of Farm: From Bladenboro go down 3 mile turn left on 1128 3/4 mile on left. + ® Swine ❑ Poultry ❑ Cattle ❑ horse Latitude 34 • 34 24 " Longitude 7S • 49 48 K ❑ Wean to Feeder ® Feeder to Finish 7040 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design ❑ Lay, Non eat Desrgn Current Cattle , aboio.11, Ca achy -_To elation . Dairy ❑ Other Total Design Capacity 7,040 ^Total'SSLW 950,400 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 yes, notify DWQ) c. If discharge is obsened, what is the estimated flow in Qal/min? d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) 2- Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Stnicture 2 Structure 3 Structure 4 Structure 5 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No 1 to 2 ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes ❑ No Structure 0 Identifier: Freeboard (inches): ............. 05/0-4/01 Continued F--citity Namber: 09-44 Date of I nspectiou T 2-2003 . 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an ❑Yes El No immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. 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 elevation markings? ❑ Yes ❑ No Waste Apolication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ® Excessive Ponding ❑ PAN ❑ Hydraufic Overload (9 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 Reuuired Records & Documents 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? (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. %' ; .'� ./ Y - 1 J '- i'c Ai'r`-- - y: 7 " �'- - f y y `�2 LZii lv. A ,"�• • f�" -3 - +t - ,. ,. .A .... .- _ - ..� Comments (refer_to.queshon,#)xpylatn anypYE5 ansv►ers�aod/or any, recommendahonsrsor{any other comtneutsy� La, } #, Use drawings of faciiyty to better eitplaain situahans'{use; adcit�ottal as;necessary} � {`® "' pages Field Co Final Notes �: � - ����s4,� �' < , f� ryE' �w �,. � ��i ��-+�✓-5�� -.• u �. �� r s � � zt ' ��,}; � pY ❑ �,.±`�,.r :Y��i�:.. .S�v_-F;?�suW.y^�kvc „l�."��.,<�9x'�-=`'s {''t�;�'�..`i ��i��a.€��T,.�Six �k'X�'".�e. -. iC ?'%:!"M:`�4.€su�{'-. �Yr't .d i:;��'�5,..-�.";'„k„".:.'WM,I,r�...,"1'r i^!....`.'7.x':cr."a. ,"rs h.`.:--trdn.idRF`"t' ,.'f.•,."r,.,:ir,. -C..a, : On 12-02-03 Larry Baxley and Hughie White visited the Curtiss Ludlum farm in response to a complaint from neighbor, Mickey Barfield Ak r. Barfield stated that Mr. Ludlum was conducting a wastewater application and drift was comin onto his property. At the time of DWQ tames arrival the wind was not blowing onto the Barfield property, but there was excessive ponding and wastewater was leaving the prayfield and entering a canal. The canal connects to a blue line UT of Nance's Millpond and then to Big Swamp within the Lumber River Basin. Staff advised Mr. Ludlum to dike the exiting wastewater and pump it back onto a CAWMP field or his lagoon. It was also uggested to pump water out of the canal in the area around the field pipe. mac" Reviewer/ins �� ti r ector Name k ` F3ng6 ie-WhEte p Lairy Baxleyrf `.,- n nF, ,° > :_.:" •. Reviewer/inspector Signature: Date: �y Ap -Q— TAT MARY& AA 4� 19W. Qau�T ply ;=01 Il 2 pill how !MST Vol MV .,;1 0'' J_u f -M&Lk,- .. t yr Aq OR Q J 3. '1 W—A I Y Fla, T'} jj 'JAS "H1r/i1M 3-tir war 61. Piz%, -,V I --you in _Qt F I, L A R.,ZLC�:l ",illy 0 M W" " . on _01rt Q. v -L- I oa� It ."4 A rl 'Awl 34 T t,i IVA, "N" I 't' rr.ell Rai , rl.* • � y !. p ,#. r l"'k .� yy r+ i• W 0, PC, own ..,A4 fi f. 7. owl P'vt L, L , . " . . I 11l" - 4"""; h: 'P, '14 NEW v, ko - P-11 IV "Iry f j4A ti liNr. 'o "14 j 1 14 0 j N MR.i'A ;4 R, YY • it, "ef, i:tt c Nil T"i R IN Of Vf -4 11 t-ii t xo� 4V N I Qq, 1,I, F. � - " L.� , r, —, q., W IS — �-o,_ fA 17 4g AMP Y1 "Alt pop OF# A I . . . . . . . . . . . . . . . . . . . . . . E 0 1p y • 11 lidpU 5556 amm&l Road Nape PA4 NC 204E 91G-423-7212 Ta Larry Baxley ._.._, Fram: Ka!hy Dugan Fzp: 910-48"707 Pa"m 2 Wm Dabx 12003 iic Letter re: Curtis Ludlum Farms m Larry, Our ot1•tasI notification ietLcr- TO 39tid Nb9nG AHiVA ZTZZ£Zb6T6 0£:Z0 £00Z/90/ZT Curtis Ludlum Fames 806 Village Scut 231adcaboro. NC 28320 910-648-2938 (F) 910-863-4265 R December 7, 2003 Larry Baxley North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Baxley: As required by the General Permit, this letter serves as a written report of the spill that occurred at Curtis Ludlum Farms on December 2, 2003 that was reported to DWQ, Fayetteville Regional Office on December 2, 2003. The spill occurred when Mr. Ludlum's employee, Cltarlcs Hyatt, pulled the rocl out too far toward the edge of the field. When he turned on the pump, effluent was applied iu au area of the field whcrc a field drain had been constructed to remnve excess rainwater, this allowed a small amount of effluent to move into the ditch. Mr. Ludlum immediately turned off the pump and returned to the site with a front-end loader and shovels. The loader was used to pile soil at the mouth of the field drain preventing any further liquid from leaving the field. Effluent that had pooled in the field was removed by using 5 gallon buckets to transfer the liquid to the bucket on the front-end loader which was then spread on the s-prdy field sitc. If fin thcr information is needed, or if you have any questions or concerns, please feel free to contact me at 910- 648-293 8. Sincerely, eu4-,a4 0&'k� Ala — Curtis Ludlum Z0 3Jdd NVEnG AHIVA ZIZZEZ0016 0E =Z0 E00Z/99/ZZ ®Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 2592 HOPS HILLS ROAD NC #37714 FAYETTEVILLE, NC 28306 USDA #3767 (910) 864-1920 / (910) 864-B774 (FAX) http://www.microbac-com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSU1tER PRODUCTS WATER • AIR • WASTES • FOOD * PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: 225 Green Street, #714 Fayetteville, NC 28301 CONTACT PERSON: Mr. L. Baxley ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #03WE128311 2. Confluence - ID #03WE128312 3. Downstream- ID #03WD128313 4. Upstream - ID #03WU128314 DATE REC'D: 12/02/03 SAMPLED: 12/02/03 SAMPLED BY:.L. Baxley DELIVERED BY: L_ Baxley SAMPLE CODE: WW, Grab REFERENCE: Curtiss Ludlum Farm DATA REVIEWED BY - DATE REPORTED: 12/22/03 ANALYSIS WETHOD 1 2 3 4 BOD (mg/L) EPA 405.1 308 208 3.83 5.19 COLIFORM, FECAL (per 100 ml) SM16 9222D 64000 33000 27 57 NITRATE (mg/L) EPA 353.3 0.384 1.55 1.22 1.94 NITRITE (mg/L) EPA 353.3 <0.1 <0.1 <0.1 <0.1 NITROGEN, AMMONIA (mg/L) EPA 350.2 375.39 120.4 0.-28 <0.14 CAS: < = Less than y = Greater than PAGE 1 OF 1 DEC 3 0 2Wj Trio data and other information contained on this, and olhe'r accompanying documents, represent only the 1M E M B ER sampie(s) analyzed and is rendered upon the ccndi'jon that it is not to be raProduced wholly or 41 part for advertising or other purposes without written approval from the latx>ratary. � crin_snn_nnneya Tactinn Fru,si SgMalion ConsAinc Chsmxal and Microbiological Analyses and Rer-Barch Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (910) 864-1920 / 864-8774 fax CHAIN OF CUSTODY RECORD PAGE ._ I OF _ I cUEW ea s P ECTILOCA11CM: •or- TYPE OF ANALYSIS PRESERVATION JCODEJ � B CODE: AQ<4*'ONLY 7v6 Str<<t COWACT PWWOW B - HNO3 (ph<2) + 44-C l Aj>�w e-+ftI I AJCL / T C a H2SO4 (ph<2) + <4•C PkWE% T \ p r U d N D = NaOH + 44'C SAMPLER L Q V .� E c rill Apt.+ c4*C.. oA78 METHOD of GI C F n Sodium Tt& LAB ID / SAMPLE TYPE DATE TIME Cows GRAB a PH as TZMP do Sou • i e /a - a -off 9: y,s ✓ 3 Cvor- zu y, sD ✓ 3 r P C �owN s�-re4 .•• I?--c3 /o.' 0:3 '� 3 A • (� S �rct, w, l a- � _vj �U::s' � 3 r' Y L. �. ll Ca runenta or special Hazards: Field pH: Bladeni Owner Curtis Ludlum Manaeer Address a ormat" to. -ibAnt Certified Farm Name I Curtis Ludlum Farm Phone Number �10-8634265 Manager Phone 806 Village St Bladenboro NC 12832F'— Location Lessee I I IARO OMRO OWARO OWSRO go FRO 0 RRO 0 WIRO r z--i From .,-Bl,a,d,e.n,b,or.o*g-9,0,o,w,n,,3, mile turn left•on a 12$ 314' mile oo left. . ; ; ...... ...... ....... ......... ........ ....... ............... .................. Certified Operator in Charge I ICurtis D. Ludlum I Backup Certified Operator Comments Date inactivated or closed Type of Operation M Swine [I Poultry E3 Cattle 13 Sheep [3 Horses [3 Goats 0 None Design Capacity .-Lay Total 7,044 F- Swine SSLW 950,400 Feeder to Finish ICurtis Ludlum Farm I Carroll's Foods Inc I { Permit information Yrtt`'r` 09 44 : Permit Number Date Originally Issued Voided Date Rescinded Date AWS090044 7/16/1997 4/9/2003 U `Perlriit infoj lew Permit Number .:. Date Origirially.lssued V6ided:Q4 6 °Rescinded Date NCA2090.44 4f912003 h+ 1 Vlew Perinit�Jhfo� it r T M. N. Colin N . . . . . . . . . . . 449 Swine . . . . . . . . . . . ....... ....... Owriel Curtis udlum Curtis Ludlum Farm Correspondence H E ,.-Reason for kemi0ti6h 2H,`0200-Certification Letter Date Type of Letter ype M ddit1'0hbl,.Co'dhln dn't" 17 .i*otice;ot!Uet1cIencVe( ermuda-grass,waste,applicatiomfifields as 1 Wv , n " muda hay`w#�err actually alf the fields are in V P % I Notice of Deficiency CAWMP calculated the bermuda grass waste application fields as 08/26/97 bermudahen actually all the fields are in pasture. map available Mi 06/17/98 Notice of Violation l,discharge of wastewaters to surface waters of the state, lagoon :dikes need suitable cover, ponding in canal, several fields without Enforcement History Office Pe ha It ArnbUint"s;: Y ate Pen ss sid .:�,"MnbUnk-F ai a6eZl s' d Date. ..Cat6 umber C6hteal:' ff IC6Lb In'....6'' es 'e 9 Y 0 ' "" .ut, IMIMM- -- . " a�fflI.M, MI :Site-VWt 6ti6n History 20$4 Visitation 2t)U1' f gency Type: o Visit;:, Water (fly alit nce,: nspectlon.� 10 'Division"' 0 M -7 --,, i Division of Soil and Water Operation Review AL - Visitation. Date Agency. Type of Visit bate Agency TYj '_t' :06117/03,�:,i,bivis!06�6fwatei.QU�iiivl.i 'Co, rnpiialic Division;of Water, ualiW,,,- C oi nDflande, on,:." 1"Oqcti 7, 12102/03 Division of Water Quality ;;Compliance Inspection Division of Soil and Water IN- —.0 D Operation Review .12104103 Division of Water Quality Compliance Ins Eecti on .......... 5555 9rd*on Road Hope hlMills HC 28348 Tw- . Larry Baudey/ftW Rawls Mom Ka" Aim 91 707 Pans:'( 5 I f Ph = 910486A541 9als; 1/1112004 Rem Respmmse re: Curbs Ludlum CQ © Urgent O For Review ❑ Pismo CwnmeW U Plea8e Reply ❑ Pine Raeycle Larry and/or Paul, Please let me know if this fax is OK —it is actually the easiest way. My cell phone is being cantankerous, so try more than onoe if you need to call me --•will be on the road all day Monday and Tuesday. I will call your office to check. TO 3Jtid NVE)nG AHiV>i ZTZZEZVOT6 TE:8T v09Z/01/Te Curtis Ludlum Farms M6 V12W sit BWczLbusv, NC 28320 Tel: 910-863-4265 January 9, 2004 Paul Rawls, Regional Water Quality Supervisor North Carolina Division of Water Quality Water duality Section Department of Environment and Natural Resources 225 Crrccn street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Rawls: Thank you for the opportunity to provide an explanation for the accidental spill on my farm that was reported on December 2, 2003. For clarity, the items you requested be addressed in your December 15, 2003 letter will be presented in the swilc order. 1. Wastewater application: a The application of wastewater that aceidenlY left the field by way of the We drain and reached the canal was a result of the gun cart being pulled out too far. This problem has been remedied by placing a permanent flag to mark the correct placement of the cart b. Uuring irrigation events, the system is chmkrd approxuuatcly every 90 minutes. c. The puli/field being used for lend application, as well as the rest of the collection, treatment and storage structures, will be inspected after storm evernt5 as required by the general permit. 2. Monitoring of spray events: a. As stated in lb above, the system is checked every 90 minutes. b. Any discharge discovered by me or my employee(s) will be reported according to the NPDES permit. Z0 30Vd NV9M AHlbx ZTZZ£ZtiO16 T£'-8T b09Z101/10 3 . Wastewater application reponsibilities: a. Mr. Hyatt is now aware or the appropriate location for the gun cart on tic pull in question and will be very careful to check with me about any concerns or questions he has prior to the system being started b. Mr. Hyatt and I are aware of the concerns about ponding and we will both increase our inspections of the spray fields to observe any potential problems. 4.. Copies of the current CAWW and past 12 months of irrigation records are attached. 5. Explanation of how the incident occurred and corrective measures: a. The application of wastewater that, avvidcutally left the field by way of the ale drain and reached the canal was a result of the gun cart being pulled out a few feet too far. The effluent sprayed a little too far, pmling in a low area that contains a tile drain into the adjacent canal. b. Once we were aware of the situation, the pump 'was turned off. The estimate of wastewater lost into the canal was 150-200 gallons. c. The discharged liquid that remained was contained in the low area by shoveling dirt in front of the tile drain opening. This liquid was then scooped up with buckets and put into the bucket of a front end loader to be distributed across ►ha field. d. As stated in la above, a permanent flag has been placed to prevent any future problems with pulling the g m cart out tno far- e. The site has been inspected on a regular basis for any other problems. I have taken every remediation measure suggested and feel that the accidental spill was contained in as fait and effective way as possible. if further information is needed, or if you have any questions or concerns, please teel free to contact me at 910--863-4265. Sincerely, Curtis I.udlrutr E8 !IDVd Nv9na AHla71 ZTZZEZti0T6 T£=81 G90Z/0T/TB NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capacity: Storage Structure - Storage Period: Application Method: Curtis Ludlum Ludlum Farms Bladen Feed -Fin 7040 Anaerobic Lagoon 160 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the, fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nuttlent. Wablu should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant -nutrients can be balanced for realiatic yields of the crop to be grown_ Several factors are important in implementing your waste utilization plan in order to maidmize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. 1 _ Always apply waste based an the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching Wentials, cation exchange capacities, and available water holding opacities. 3. Normally Waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tans per acre annually, but less than 10 tons per sern per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. E'itlter of these conditions may result in runoff to surface waters which Is not allowed under DWQ regulations. S. Wnd conditions should also be considered to avoid drift and downwind odor Page: 1 V0 35tt8 NV9nG hHiVA ZTZZEZVOTG TE:si 4OOZ/OT/zO problems. 6. To ma)arrlize the value of the nutrients for crop production and to reduce the potential -- for pollution, the waste should be applied to a growing crop or applied not Enure than 30 days prior to planting a crop or forages brealdng dormancy. Injecting the waste or disking will conserve nub icrits and reduce odor problems. This plan is based on the waste apprication method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The =Omatad acres needed to 2pply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be trade for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carved out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. .—AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, oft.): 7040 animals X 986 gaVanimaUyear = 6,937,920 gallons AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs): 7040 animals X 2.30 Ibstanima ltyear = 16,192.00 lbs Applying the abWe amount of waSte is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed far waste application based on the crop to be grown, soil type, and surface application. Page: 2 59 3-L)Vd NV9nG hHiVA ZTZZEZb8T6 TE:8I POOZ18Tf18 Tract Field Solt Type Crop Code Yield lAc 'Gi N !unit Acres Lbs NIAc Residual Lbs N IAc lbs N Required Time to AplAy 454 3 Ra G 3.8 50.00 19.6 190.0 3720-20 F- June, S-N 454 3' Ra B 3.4 50.00 8.9 170.0 1519.80 Mar -Oct 454 4 Pe G 3.0 50.00 6.8 150.0 1021-50 F-,June, S-N 454 2A AuA 'G'�; 3 50.00 4.2 668.80 F-June, S-N 464 2B AuA B 4.7 50.00 5.9 235.0 1619.15 Mar -Oct 453 1 GbA B 5.5 50.00 16.1 275.0 4419.25 Mar -Oct 457 1 AuA 0 4.7 50.00 7.7 235..0 1814.20 Mar40dt 456 1 AuA B 4.7 50.00 5.1 235.0 1198.50 Mar-Qct 454 2 AuA K 50.00 6.9 50.0 345.00 S-April 453 1 GbA K 50.00 16.1 50.0 805.00 S-Aprfl 454 3 Ra K 50.00 8.9 50.0 445.00 5-Apnl 457 1 AuA K 50.00 7.7 50.0 385.00 S-April 456 1 AuA K 50.00 5.1 50.0 255.00 S-April = c r%?mmz Total 76.3 18216.40 0 V �fl Available N 16192.00 }Difference-2024,40 -indicates that this field is being overseeded (i.a. interplanted) or winter annuAs follow srJM annuals. *A negative number reflects the total Ibs of additional nitrogen needed to achieve yields on �3creage listed in chart A pasitive number means additional acreage is required to utlllze the nitrogen produced by the farm. NOTE This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the futufe, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In intmplanted fields (i.e. small grain, etc, Interseeded in t-rmuda), forage nivat be removed through grazing, hay, andlor silage. Where grazing, plants should be grazed when they reach a height of sus to nine inches. Cattle should be removed whan plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result If small grain gets too high and this will definately interfere with stand of bermudagrsss. This loss of stand will result in reduced yields and less nitrogen ,.- being utifted. Bather than wiling small grain for hay or silage just before heading as is Page: 3 90 39dd Ntt911a AHiVA ZTZZEZVOTG 1E:81 ti08Z/0T/10 the nomral situation, you are encouraged to cut the small grain earner. Fvu limy considrfr harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the #all. the ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over brnadeasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. The fallowing legend explains the crop Codes listed in the table above: Crop Code Crop A Barley 5 Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Com - Silage F Cotton G Fescue - Grazed H Fescue - Hay I - Oat.. J Rye K Small Grain - Grazed Small Grain Hay M Grain Sorghum N Wheat a Soybean F Tobacco Lbs N Mfi&_ed 1 Uaft Ideld 1.6 lbs N I bushel So lbs N 1 ton 50 lbs N I ton 1.25 lbs N 1 bushel 12 ibs N I ton 0.12 lbs N 1 lbs licit 50 lbs N 1 ton 50 lbs N I ton 1-.3 lbs N / bushel 2.4 lbs N / bushel 50 lbs N I acre 5o lbs N 1 acre 2.5 Ibs N 1 cwt 2.4 lbs N 1 bushel 4.0 lbs N 1 bushel Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receh" flip application rates due to equipment limitations_ Actual total acres in the fields listed may, and most Ckely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. Tha sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approadmaiaely 0.36 Pounds of plant avallable nitrogen per animal per year in the sludge based on the application method listed earlier. 0 you remove the sludge every 5 years, you will have approkmately 12672.00 . pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the page: 4 LB 3DVd NV9nG AHiVA ZTZZEZPO16 TE-8T 00OZ18TfT0 rate of 300 pounds of n&,ogen per acre, you will need 42.24 acres or iano. n you a fe}ny the sludge to com at a rate of 125 pounds per acre, you will need 1 o1.3a acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge vraste enalyels, sail types, realistic yields, and applications. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. ff surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer.to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following is provided as a guide for establishing application rates and amounts. Tract Field Sol Type Crop Application Rate inthr Application Amount ' irrdies 454 3 Re G 0.40 0.95 454 3 Pe G 0.40 0.95 454 4 Pe G 0.40 0.95 454 2 AuA B 0.60 1.00 453 1 G5A B 0.50 1.00 454 1 AuA 13 0_60 1.00 457 1 AuA B 0.60 1.00 456 1 AuA B 0.60 1.00 454 2 AuA K 0.60 1.00 453 1 GbA K 0.50 1.00 454 1 AuA K 0.60 1.00 457 1 AuA K 0.60 1.00 456 1 AuA K 0.60 1.00 This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The mwdmum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard exaW in the event of the 25 year 24 hour storm. Page: 5 80 3E)Vd Na9RQ AHIVA ZIZZEZ17016 TE :ST b00Z/0T/T0 It is the responsiability of the producer and waste applicator to ensnare that the spreader, equipment is operated properly to apply ttte correct rates to the acres shown in the tabies. Failure to apply r' the reccmmends� ratee anq amous3ia� of nitrogen shown in the tables may make this plan irrMid. Call your %dlnical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. Additional Comments: J (r f 235" Page: 6 60 39Vd NVE)ni fl ivA ZZZZEZVOTS ZE :81 POOZ/61/19 NUTRIENT MANAGEMENT PLAN CERTIFICATION Name of Farm: OwnedManager Agreement: llwe understand and will follow and implement the specificat'sons and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. Vwe know that any expansion to. the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certlficatson to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appmprlate times and at rates which produce no runoff. This plan will be filed an site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request Name of Facility Owner: Signature: Name of Manager (if different from owner): Please Print Signature: Date Date Name of Technical Specialist: Affiliation: Hsrves-t.Net,tnc_-. Address: P.O. Box 32 - Counci-L NC .28434 Telephone: SiignaWre: //S XV/ Date Page: 7 et 3DVd NVWG 1wiv>+ ZTZZEZVOIG TE:81 tieez/OT/To a V N N N M N ,Zr Cn FORM IRR-2 Hydrant # E1 Field # Field Size Farm Ow owners Owner's I 5.8 er dress Curtis Ludkim ane # Crop Typ Hybfid bermudagrass, grazed r11 121 r31 rat M) Lagoon Liquid Irrigation Fiefs Record One Form for Each Field per Crop Cycle FadliV. Nt - 44 Irrigation Operator Irftgation Operatofa Address Operatcei Phone # From Waste Utilization Plan Recomrn nded PAN Loading (I /acre = 13170 (61 rn rill ref rim "`Nutrielt Source pale (mrvVddtyr) ' Irri aeon Waste An PAN' (1bf1000 gE PAN Applic (iblacre} to) x (2) 1000 d Nitrogen Balance" (lblacre) Start Time land T me Total Minutes (3) - (2i par Sprinklers Opening Flaw Rate (gagmir) Total Volu (gallons) (B) x(5) x Volume per Acre (geVacre) (7)11A,1 e= 170 La oon 05/01/03 900 1200 80 1 182 32760 2.3 12.99 157.01 a oor, 05/01 /03 1215 1500 165 1 182 30030 2.3 11.91 145.1 a oot� 06112103 1330 1600 180 1 182 32760 5648,25 2.7 15.25 129.8 La oon 06125103 800 1100 ISO 1 182 32780 5648.28 2.7 15.25 114.E ;e oon 07/01/03 800 1100 180 1 182 32760 5648.28 2 11.30 103.3 oon 07/01/03 1300 1600 180 1 182 32760 5648.28 2 11.30 92.01 La oon 10/27/03 830 1330 300 1 182 54600 9413.79 1.1 10,36 81.8 a oon 10/28/03 800 1300 300 1 182 54600 9413.79 1.1 10.36 71.3 s non 1 182 Lagoon 1 182 00n 1 182 crop vyCle Tama L... J Dwner's Signature Operator`s Signature Certified Operator (Print) Operator's Certification No. N w a a_ N CV N m V m m m v m m N m m FORM IRR-2 Hydrant ;# F Field Size Form 0w Owner's Owner's F Field # �1 6.49 er dress Curtis Ludlum hone # Crop Typ Hybrid bemrudagrass, gazed 111 121 1q1 1d1 151 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N�� - 44 Irrigation or irrigation perator's Address Operal& Phone # From Waste Utilization Plan Recomm ded PAN Evading (I acre) = t3) 275 [Al 17% (A) 141 M m T911 [S7ource(mmidd/yr) Date Irrigation Waste An PAN` (Ib11000 g PAN Appik (lblacrei M A (9, 10o0 d Nilregen Balance" (Iblacrel t3)- 1171 Start Time End Time Total Minutes (3) - (2) #of Sprinklers Operating Flow Rate (gallmin) otel Volu (gallons) (6) x (5) x ( Volume per Acre (gal/acre) (7)1(A) B= 275 Lagoon 03/13/03 900 1800 540 1 18 96280 2.3 34.83 240.1 a oon 04/15/03 1300 1800 300 1 182 54600 6412.94 2.3 19.35 220.8 a oon 05/09/03 1400 1700 180 1 182 32760 5047.77 2.3 11.61 209.21 La oor. 05/10/03 900 1100 120 1 182 21840 3365.18 2.3 7.A 201.4 oon 05/12/03 800 1130 2101 1 182 38220 5889.06 2.3 13.54 187.931 agoon 05/12103 1145 1415 150 1 182 27300 4206.47 2.3 9.67 178.251 Lagoon 05/12103 1600 1800 120 1 182 21840 3365.18 2.31 7.74 170.51 Lagoon 05/13/03 830 1200 240 1 182 43680 6730.35 2.31 15.48 165.0 goon 05/13/03 1430 1800 240 1 182 43680 6730.35 2.3 15.48 139.5 Lagoon 05/14103 800 1130 210 1 18 38220 5889.06 2.3 13,54 126.01 Lagoon 05/14103 1500 1800 184 1 182 32780 5047.77 2.3 11.61 114.4 crop cy a Totals J Owns Si attire Operator's Si -isture -� Certified Oem9tor (Print) Operator's Cediftcatim No. M ri } a Y N N N M FORM IRR-2 Hydrant # 77oo-n-71 Feld # Field Size Farm Ow owner's Owner's 1 6.49 er dress Curtis Ludlum ane # Crop Typ Hybrid bermudagrass, grazed Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facafly N - 44 Irrigation Operator Irrigation Aerator's Addreas Operatoeq Phcne # From Waste Utilization Plan Recomm ded PAN Loading(l lade = B 276 111 M 131 1141 t51 181 rn 1R1 M ri nl `'Nuldent Source Date (mrn/ddlyr) lM anon Waste Ana PAN" (fb/1000 gE PAN AppliE (tblacre) (5) K-(9) 1000 d Nitrogen Balance" (Iblacre) B - 10 Stara Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gaflmin) Total Volur, (gallons) (6) x (5) x ( Volume per Acre (gaUacm) (7) / (A) B= 114.4 a non 05116103 1300 1630 210 1 162 38220 5889.08 2.3 13.54 100.861 La oon 05,117/03 1100 1500 240 1 182 43680 6730.35 2.3 15.48 -85.3131 Lagoon OV10103 1300 1600 180 1 182 32760 5047.77 2.7 13.53 71.751 Lagoon 06l11103 800 11001 180 1 182 32760 5047.771 2.7 13.63 58.121 a oon 106112103 B00 11001 180 1 182 32760 5047.77 2.7 13.63 44,491 _agoon 09116103 1400 1800 '240 1 182 43680 6730.35 1.1 7.40 37.0 La oan 09(17/03 800 13001 300 1 182 54600 8412.94 1. U 9.25 oon 09117/0 1400 190 300 1 182 54600.8412.94 1.1 925 a oon 09/1810 80 130 300 1 182 54600 8412.94 1.1 9.25 J27�.Ba a ootti 0911910 1330 183 300 1 182 54600 8412,94 1.1 9.25 a ocn I I I J 1 1 182 crop cy a Totals . L J Owner's Signature _ - Operators Signature Certified Orator Print) _ Operabrs Certification No. w 0 a. a N N N m N Nr M W Q� m 00 FORM IRR-2 Hydrant # Field Size Farm Ow Owner's 1 Owner's F G1 Fiald # 4.89 er dress Curtis Lud um Dne # Crop Typ t- Hybrid bermudagrass, grazed (11 (21 r31 14l 151 1sl Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N - 44 irrigation erstor irrigation fteratoes Address Operatoti Phone # From Waste Utiltzatiion Plan Recommeladed PAN Loading ([ !acre) = 8) 275 171 rR1 M 11M [411 F7***NUtfTient Source Data (mmfddlyr) Irrigation Waste An PAN" (Ib11000 g PAN Appile (lblacre) {Bl x !fl'i 1000 d Nitrogen Balance" (Iblacre) B - 1 Start Time End Time Totat Minutes (3) - (2) 01 Sprinklers Operating Flow ,TotalVDIUP Rate (gallmin) (gallons) (6) x (5) x ( Volume per Acre (gallacre) (7)1(A) B= 275 Lagoon 04114/03 600 1600 480 1 182 87360 # # 2.3 41.09 233.91 agoon 05/06/03 1400 1700 180 1 182 32760 6699.39 2.3 15.41 218.5 Lagoon 05/081031 1100 1400 180 1 182 32760 6699.39 2.3 15.41 203.0 Lagoon 05/08/03 1415 1700 165 il 182 °0030 6141.10 2.3 14.12 188.9 La con 05/09/03 830 1100 180 1 182 32760 6699.39 2.3 15.41 173.561 a oon 05/2-6/03 800 1100 190 1 182 32760 6699.39 2.3 15.41 158.1 a oon 05/26103 1500 1800 1BO 1 182 32700 6699.39 2.3 15.41 142.741 La ooh 06/06/03 1500 1800 1801 1 182 32760 6699.313 2.7 18-091 124.651 Lagoon 06110/03 800 1100 ISO 1 132 3276010699.391 2.7 18.09 106.5 a oon 012115/03 830 1200 210 1 132 3822-0 7815.95 1.1 8.60 97.9 a oon 0911610 830 1330 300 1 192 54600 1.1 12.28 85.6 Crop Cy a Totals Owner's Signature _ Operator's _Signalure w r C.ertiFed Operator (Pint) - _ Operators CediCrcaticn No, i LO FORM IRR-2 CV CV M CV m M Hydrant # H1 Fiald # Field Size Farm Ow Owner's owner`s I 3.04 er Tess Curtis l_ud.urn tons # Crop Ty Hybrid bermudegrass, grazed 6% 12) Al 14) r51 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N� - lnigalion C orator Irrigation Aerator's Address Operator'i Prone # From Waste Utilization Plan Recomm nded PAN Loading (i !acre) = B 235 (sl m raz MI. rtn) F*'Nutriaordhate Irrigation aste An PAN* (tb11000 g PAN Appik (Ib/acre) lB) x (9i 1000 d Nitrogen Balance"rnlddlyr) (iblacre) 9 1 start Time End Time Total Minuses (3) - (2) . 4 of Sprinklers Operating Flow Rate (gallmin) ote! Volu {galons} (8) x (B) x ( Volume per Acre ;ga!lecre) (7) I (A) 6= 235 a oon 04/24/03 800 1100 180 1 182 32760 2.3 24.79 210.21 La oon 04/30/03 8D0 1330 330 1 132 60060 2.3 45.44 164.7 La oon 09/04/03 800 1200 240 1 182 43680 ###1 2.7 38, 79 125.9 a oon 091D4/03 13DO 17001 240 11 182 43680 2.7 38.79 87.181 La oon 091D5103 800 1300 3001 1 182 54600 ### 2.7 48.491 38.6SJ La oon 09/09/03 1400 1830 270 1 132 49140 06 1.1 IT781 20.91 a oon 012/10/03 730 1200 270 11 182 A9140 1.1 17.781 3.1 a oon 1 18 La oon 1 1B La 'oon 1 182 coon 1 182 Grop vy 4LIZ1.8ls jL..�� Owner's Signature Dperator's Sji�inature Certified Operator (Print] Operalor'e Certification No. CV 4 N N M N Cn m m v m m N a m i FORM IRR-2 Hydrant # H2 Field # Field Size Farm Ow Owner's Owner's i 2.16 er dress Curtis Ludium one # Crop TO Hybrid bermudagiaes, grazed (11 (2) fal (4) M Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N - U I'rigatlon Operator Irrigation perator"s Address Operatoet Phone# From Waste Uttlization Plan Recomm nded PAN Loadin; (l lecre) = B 235 rfil r7l (A) ,a) 1101 fill F"-�NutheTntl)ate Source (mmlddtyr) Irrigation Waste An PAN` (1b11000 g PAN Appl1i (ib/acre) (8) x (9) 1000 d Nitrogen Balanoe" (iblacre) 13- 10 Start Time I End Time 'rota' Minutes (3) - (2) $ of Sprinklers OpenetMg Flow Role (gal/min) Total Voltfn (gellons) (6) x (S) x ( Volume per Acre (gallacre) (7)1(A) B= 235 Dort 04124/03 1300 1600 180 1 182 32760 2.3 34.98 200.1 a oon MUM 600 1000 120 1 182 21840 1.1 11.12 188.9 Lagoon 09109/03 630 1030 120 1 182 21B40 W 1.1 11.121 177.8 Lagoon 1 182 agoon 1 182 a oon 1 182 Lagoon 1 182 Lagoon 1 182 a 0011 1 182 .agoon i 1 18 -agoon 1 182 Crop Cycie Totals I L......j Owner's Signature _ Operator's Signature Certified Operator (Print) Operabes Certification No. ��� r` n N N N M N V m m FORM ERR-2 Hydrant # 11 Field # Field Size Farm Ow Owner's Ownets i 3.135 er- dress Curtis Ludlum one # Crop Typ Hylxid bermudagrass, grazed f11 (21 f31 W d51 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N lidgatior, 029rator Irrigation Operatorjs Address Operat&i Pharte # From Waste CltlllzWon Plan Recomm nded PAN Loading (I /acre) m (BI 235 IAI 171 f RI Kf1 11 n1 7'"NuIrric-niDate mlddlyr) Irrigation aste An PAN' (Ib11�J00 g PAN AppIlE (Iblaare) 0) x (M 1000 d Nitrogen Wawa— (lhlacre) S - 10 Start Time End Time Total Minutes (3) - (2) * of Spr.miders 0perating Flow Rate (gallmin) otal Volu (gallons) (6) x (5) x ( Volume per Acra (gatlacre) (7)1(A) 8= 235 La oon 04/21 /03 800 1100 180 1 192 32760 8509.091 2.3 19.57 215.4 La con 09110/03 1300 1700 240 1 182 43680 1.1 12.48 202.9 a can 09111 /03 000 1200 240 1 182 43680 1.1 12.48 190.4 oon 09111 /03 1330 1800 270 1 182 49140 #1# 1.1 14.04 176.4 La oon 09/12/03 830 1200 210 1 182 3B220 9927.27 1.1 10.92 165.51 a non 1 182 a oon 1 182 oon 1 182 a oon 1 182 La oon 1 182 a von 1 182 crop cy a Totals I L...J Owners Signature Operalor's Signature Certified Operator (Print) Operator's Cetfiicalion No. co 14 FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle a g s: r, CU Hydrant # 12 Field Size 2.02 er dress Curtis Ludlum one # Farm Owr Owner's Owner's Field # Crop Typ Hybrid berrrudagrass, grazed Facility N - Ifrigetlon Operalor Irrigation peralor's Address Operatort Phane # From Waste Utilization Plan Recomm nded PAN Loading {I acre = B 235 (U (2) (3) (4) (5) (a) M (8) (9) (10) ;"Nutrient. Source Dale (mmlddlyr) Irrigation Waste Ana PAN` (lb/1000 ga PAN Applied Ilb/acre) 5) x (2) 1000 Nitrogen Ealanoe"' (lblacre) (ll - 10'.. Start Time End Time Total Minutee (3) - (2) #o( Sprinklers Operating Flow Rate ;gaftin) Total Volun (gallona) (6) x (5) x ( Volume per Acre (galfacre) (71(A) B= 235 Lagoon 041' 6/03 800 1100 180 1 162 32760 ###j 2.3 37.301 197.7 Lagoon 09/12/03 1330 1630 180 1 182 32760 ##M 1.1 17.841 179.6 goon 09/13/03 930 1230 180 1 182 32760 #AM 1.1 17.84 162.0 a oon 09/13/03 1330 1630 180 1 182 32760 ftM 1.1 17. E4 144.181 Lagoon I 09/15/03 830 1130 180 1 182 32760 1.1 17.84 126.3 La oor. 1 182 a oon 1 182 a oon 11 182 Lagoon 1 182 Lagoon 1 182 j a oon 1 12 1 1 Crop Cycle Totals I L --- J Ownees Signature Operatcr's Signature Certified Operator (Print)_ - Operalces Csrilficatioi No. m 1.4 a CL a LD P z s'- a Y N r1 N N M N ea M FORM IRR-2 Hydrant # J Field Size Farm Ow Owrer's Ownees I Feld # 1.?8 er dress Curtis Ludium one # Crop Ty Hybrid bermudagrass, grazed 11) (21 (91 (41 S1 (R1 L.agaon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N Irrigation Operator Irrigation Operatofe Addrm opera1cel Ph(me # From Waste Utlilzation Plan Recomm 3ded PAN Loading ( lacre) = (131 235 i71 (R1 tal M111 fill *"Nutdant Souroe Date (mm/d*r) Irri anon Waste Ana PAN` (Ih11000 g PAN Applit (Iblacre) MIX (91 1000 d Nfirogei Baiance" Qblacre) 6 - 10 start Time End Time Total Minutes (3) - (2) 0 of Sprinklers Operating Flow Rate (gatlmin) Told Volur, (gallons) (S) x (5) x ( Volume per Acre (gallecrs) (7)1(A)' B= 235 La onn 03114/03 10001 1415 255 1 182 46410 ##M 2.3 59.97 175.031 La oon 07124d03 1100 1500 240 1 1132 43680 2 49.08 125.951 a oon 07)30103 1000 1400 240 1 182 43680 2 49.08 76.8 Lagoon 1 1621 La oo, 1 182 ool 1 182 _agoon 1 1 162 -agoon 1 182 a oon 1 182 f3 oon 1 182 a o oil 1 182 Crop Cy a Totals I Ownees Si nature Operator's Signature ^ Certified Operator (Print)_ Operators caMcation No. m cv FORM IRR-2 w a• IL 04 CV 04 M N m m cio v NO m CV m Hydrant # K1 Field # Field Size - Farm Ow Ownees Owner's 4.44 er dress Curbs Ludlum one # Crop Typ Hybrid bermudagrass, grazed Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N - irrigation Mgaralor Irrigation peraLors Address Operatafi Phone # From Waste Utilization Plan Reoomrn ded PAN Loading (I acre) = (8) 235 (71 r8) (9) (101 (11) "'Nutrient Souroe Dale (rnmiddtyr) Start Time End True Total Minutes A o1 5priiklers Pin Flow Rate -{9agrnlr• Total Volur (ga[lons) {8} Volume per Acts (gallacre) -•-(�}1�A}— Waste An PAN" PAN Appik (Iblacre:4 x 9' _^_ 1QfJQ_ d Nitrogen Haiance" (iblac rei B - 10! B= 235 a oor 03/24/03 800 1700 540 1 182 98280 2.3 50.91 184.091 Lagoon 03/25/03 800 1600 480 1 182 87360 ### 2.3 45.25 13B. Lagoon 05/27/03 700 1000 180 1 182 32760 7378.38 2.3 16.97 121.861 a oon 05/28/03 1400 1700 180 1 182 32760 7378.38 2.3 16.97 104-891 goon 07/31103 800 1300 3001 1 182 54600 ##Aq 2.7 33.20 71.691 La oon 08107/03 800 1200 2401 1 182 43680 9537.84 2 19.68 52-021 Lagoon 00/08103 1000 1400 240 1 182 43680 9837.84 2.7 26.561 25.4 goon OB128103) 800 1300 300 1 182 54600 #0 2 24.59 0.8 a oon 1 182 aaoon 1 1B2 Crop cyq Owner's Signature Certified Operator (P-ino Operator's Sig-tature Operator's Cediftcaticn No. wH N FORM IRR-2 a IL N N N m N M Hydrant # , lC2 F ield # Fleld Size Farm Ow Owner's owner's l 1.5 er less Curtis Ludlam one # CropTyp Hybrid bermudagrass, grazed !il (91 Ill (A% M1 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N�� - Irrigation perator Irrigation peralor's. Address Operator Phone # From Waste Utilization Plan RsoornC:�PA: Loading 235 !A l 17) M IM M 11A M"Nutrient Source Date (mmlddlyr) Irri alion Waste Ane PAN' Qb/1000 g PAN Apple Oblecre) fe)-s Lai 1000 d Nitrogen Balance" (Itdacre) - 10 Star Time E-id Time Total Minutes (3) - (2) # 0`1 Sprinklers Operating Flow Rate (gallminl Toial Valur (gallons) (6) x (5) x ( Volume per Acre (gal/acre! 1,7) / (A) B= 235 Lagoon 08123/03 1400 1730 2101 1 182 38220 #0 2 50.96 194.0 Lagoon 08/29/03 800 1130 210 1 102 38220 #0 2 50.96 133. goon 1 182 0 Lagoon 1 182 Lagoon 1 162 La con 1 182 a con 1 182 con 11 182 k.agoon 1 182 La oon 1 182 La con 1 182 crop cy s Tatars J Owner's Signa:ure Operato's_Sigrature Certified 0earator (Prntt _ Operato's Ceriilication No. cv , N FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cyc'e a CV N m N V m m Hydrant # L1 Field Size 5.1 er dress Curtis Ludlum one # Fat,rn Ow Owners Owner's F Field # 7--� Crop T Hybrid brsrmudagrass, grazed 1 2 S 4 ' 116 13 Facility N - Irrigation rator Irrigation perabors Address OpETatcet Phone # From Waste utilization Plan Reoomrn nded PAN Loading (l /acrs = B) 235 i 8 10 F""Nutfient ce Date (mmldd/yr) Irrigation aste An PAN' (Ib11000 ge PAN Appli (tblacre) i131 x Q 1000 d Nitrogei Balance" (Vacre) - 10 Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) Total Volu (gallons) (6) x (5) x ( Volume perAcre (gaVacm) (7)1(A) H=— 235 Lagoon 03/28103 900 1600 4201 1 192 76440 ### 2.3 34.471 200.531 a oon 04101/03 800 1500 420 1 162 76440 ### Z3 34.47 166.051 a oon 05129/03 800 1100 180 1 182 32-760 6423.53 2.3 14.77 151.2 Lagoon 08129/03 1330 1700 210 1 1821 38220 7494.12 2 14.99 136.291 La oon 09/01/03 030 1200 210 1 182 38220 7494.12 2 14.99 121.3 La oon 09;01103 1300 1700 240 1 182 43680 8564.71 2 17.13 104.1 a oon 09102/03 800 1300 300 1 182 54600 2 21.41 82.7 Lagoon 1 182 La ooi 1 182 Lagoon 1 182 oon 1 182 Crop a Totals Owner's Signature Operator's Signature Certified Operator (Faint) .._ .... Y Operator's Certification No. !^ m N FORM IRR-2 Lagoon Liquid Irrigation Fields Record a One Form ,for Each Field per Crop Cycle R+ Hydrant# L2 Field 7-1 Field Sire Form Owr Owner's Ownees l 5.1 or dress Curtis Ludum bone # Crop Typ Hybrid bermudagrass, grazed 11) l21 r31 (41 151 Facility N - 44 irrigation Tperator Irrigation Mperators, Address Operator,. Phone # From Wa13l* Utilization Plan Rec:omrl ndec PAN Loading (1 lacrn B 235 le) 171 1111 M) (101 "*Nulrlent Source hate (miWddlyr) Irrigation Waste An PAN' (WI DDD g PAN Applic (Iblacre) (a) x (9) 10DD d Nitrogen Balance" (Iblacxe) B - 00 Start Time End lime Total Minutes (3) - (2) 9 of Sprinklers Operating Flow Rate (gallmin) Total Vatu (gallons) (B) x (5) x ( Volume pet Acrr (gallacre) (7)1(A) Ba 235 La oon 04/02103 800 1600 430 1 182 87360 2.3 39.40 195. La oon 04/041031 800 1500 420 1 182 76440 2.3 34.47 161-131 a oon 06/291031 1200 1530 210 1 182 38220 7494.12 2.3 17.24 143.891 oon 09/02/031 1330 1730 240 1 182 43680 8564.71 17.13 126.7 Le oon 09/D31031 930 1330 2401 1 18 A 3680 8584.71 2 17.13 109-631 La oon 09/031031 1400 1830 270 1 182 49140 9835.29 2 19.27 90.3 La oon 1 182 oon 1 182 goon 1 1 B2 a oon 1 1B2 a oon 1 182 Crop Cycle Totals owners signature 7perators signature _ Certified Operator (Print) Operatces Certification No. V �, N FORM IRR-2 Lagoon Liquid Irrigaticn Fields Record One Form for Each Field per Crop Cycle c,_ N N m N V m Cn m uo Hydrant # A Field # Field Size Farm Ow Owners Owner's F 5.14 er dress Curtis Ludlum hone # Crop Typ Small grain overseatl 11) r21 I31 (Al (Al Facility N - U Irrigation Operator IrrigationOperator's Address Operatoeq Phone # From Waste Utiftatlon Plan R?(omIr nded PAN Loading ,!acre) = B 50 161 M !A) 19) (in) till "'Nutrient Souroe Date (mmkldlyr) Fri ation Waste An PAN' (lb/10D0 ga PAN Appic (lblecre) '8) x (9) 1000 d IJitragen Balance" pblacre) 6)- 0 D Start Time End 'Time Total Minuies (3) = (2; # of Sprinklers Ope'aling Flow Rate (gallmin) olal Volur (gallons) (6) x ;5) x ( Volume per Acre (gal/acre) (7) I (A) B= 50 Lagoon 11 /20/03 800 1200 240 1 182 43680 8498.05 1.3 11-05 38.gq goon 11 /20103 1300 1700 240 1 162 43680 8496.05 1.3 11.05 27.91 a oon 11 /30/03 800 1200 241) 11 182 43690 8498,05 1.3 11.05 16. La oor: 1 182 La oon 1 182 La oon 1 182 - a oon 1 182 Lagoon 1 182 Lagoon 1 182 Lagoon 1 182 a oon 11 182 Crop Cy a Totals L._ j owner's Signature .. Operator's Signature Certified Operator (Print) Operator's Certification No. LO cv r= N N N M N m FORM IIRR-2 Hydrant# B Field Field Size Farm Ow Owner's Owners f 4.19 er dress Curtis Ludlum cne # Crop Typ Small grain overseed Lagoon Liquid Irrigation Fields Record One Form for Eawh Field per Crop Cycle Facility N - 44 Irrigation erator Irrigation Operators Address Operator Phone* From Waste Utilization Plan Recomm nded PAN Loading (I/acre) = B 50 (11 (2) M (41 (51 fa) M (Al (gl f1M **'Nulrienl Souroe Dole (mmlddlyr) n atiorl Waste Ann,(Iblacm) PAW (lb/14013g PAN Appiii 1 (9) x (91 10DOIM-0011 d Ntogen Balance+* (Ib/acre) Sian Time End Tine Total Minutes ;3) - (2) # of Sprinklers Operating Flaw Rate (gailmin) Total Yalu (gallons) (6) x (5) x ( Volume per Acre (gallacre) (7) 1(A) f3- 50 Lagoon 1Ill B/03 130D 1700 240 1 182 43680 ### 1.3 13.5E 36.4 Lagoon 11/10/03 800 - 1200 240 1 182 43680 ### 1.3 13-551 22,9 Soon 11/19/03 1300 1700 240 1 182 4368 1.3 13.55 9.3 a oon 11 182 Lagoon 1 182 Lagoon 1 182 a oon 1 182 Lagoon 1 18 a oon 1 182 a oon 1 182 [LAgoon 1 182 crop uyi2joigmej Owner's Signature _ Operators Signature ^ Certified Operator PrhO Operators Cefficalion No. t N FORM IRR-2 IL Hydrant # C Field # Field Size Farm Ow Owner's Owner's I 3.88 e' dress Curtis Ludlum one # Crop Typ Small grain o►remeed Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility N1�� Irrigation Operator irrigation fteratoes Address 0.3eralor Phone # From Waste Utilization Plan Recomm nded PAN Loading (i /acre = 0) 50 ril (9% M tat 151 (A1 in IAl T1 11n). "Nutrient Source Date (mm)dd/yr) Irrigation Waste An PAN' (lbf1000 g PAN Appli (Ib/acre) Bux(9) 1000 d Nitrogen - Balance" 4bfacie) B - 00 Start Time End Time Total Minutes (3) - (2) #of Sprinklers Operating Flow Rate (gallminl otal Voiu (galbna) (6) x (5) x Volume per Acre (galisc re) (7) / (A) B= 50 La oon 11/15/03 800 1230 270 1 -182 49140 1.3 16.55 33.4 a oon 11/17/03 1300 1700 240 1 182 43680 W 1.3 14.71 16.7 oon 11/18/03 .800 1200 240 1 182 43680 1.3 14.71 4.0 goon 1 162 , La oon 1 182 La oon 1 182 oon 1 162 a oon 1 182 Lagoon 1 182 Lagoon 11 162 oon 1 162 crop cr a Totals Owners Signature _ Operato's Sigrature Certified Operator Print Operato's CerAfication No. N FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Forth for Each Field per Crop Cycle a M. N r-I N N m N V CZ Hydrant # D1 Field It Field Size Farm Om Owner's Owner's I 3.58 or dress Curtis Ludlum une 0 Crop Typ Small grain overseed Facility N - lrdgabonOperalor IrAge0on peraloft Address Operato(i Phone # From Waste Utilization Plan Reoomrrinded PAN Loading (l !acre B 50 14► 10% f.;l fd► I-M IM f71 MI. M tins fill F�7 ourommlddlyr) Dale krri anon Waste An PAN' (ibl1000 g PAN Appli Qblacre) SLLx (l3) 1000 d Nitrogen Balance"` (Iblar[E) B - 10 Start Time End Time IMnutes Total (3) - (2) # o1 5prtnklsrs Opeieting Flow Rate 19aUminj otal Volu (gallons) 6) x (5) x ( 'Volume per Acre (gaVaqM n)1(A) B= 50 La oon 1/03f03 830 1200 210 1 182 3B220 ### 1.1 11.74 38.2 Le oon 11/03/03 1300 1700 240 1 182 43680 #W 1.1 13.42 24.8 oon 1 182 oon 1 182 a oon 1 182 al3oon 1 182 a oon 1 162 oon 1 182 oon 1 182 La oor. 1 182 Lagoon 1 18 +stop GyCj2j.GUisJ u owner's Signature_ _ _ _ Operator'sSignature Certified Operator Print) __ Operator's Certification No. - M 1� FORM IRR-2 Lagoon Liquid Irrigation Fields Record a One Form for Each Field per Crop Cycle N 14 N N m N M co m m CV m r^i m Hydrant # 02 Field Size 2.81 er dress Curtis Ludlum hone # Farm 0w Ownees Owner's F Field Crop Ty Small grain overseed Faciliq+ N - Irrigation Operator Irrgation Operators Address OperatoM Phone # From Waste Utilization Plan Recomm nded PAN Loading (i 4;re) = B) 50 (1) (2) M (ai (51 (61 M (8) (M (101 —*Nuldeni Source Date (mm/dd/yr) Irri anon Waste An PAV` (tb/1o00 g PAN Applie (b/acre) (¢AKA) 1000 d Nitrogen Balance'" (�blacre) - 10 star) Time End Time -Total Minuses (3) - (2) # 01 Sprirklers Operating Flow Rate igallmin) Total Volu (gallons) (6) x (8) x ( Volume per Acre (gal/acre) r7t 1(A) e= 50 Lagoon 11/02/03 830 1200 210 1 182 38220 1.1 14.96 35.0 goon 11/02/03 1300 1700 240 1 182 43680 1.1 17.10 17.9 oon 1 182 oon 1 162 oon 1 162 oon 1 162 oon 1 182 goon 1 182 oon 1 182 La or 1 182 a oon 1 182 Crop C)r a Totals i ll- - I Owner's Signature _ Operator's Signature CertlFed Operator (Print _ Operator's Cert(ication No. m N Lq d a_ N N N M N V M ao 7' m N CZ r CD FORM IRR-2 Hydrant # E2 Field # Field Size Farm Ow owners Owner's IE 3.14 er dress Curtis Ludlum hone # Crop Typ Small grain overseed 111 f71 f11 (Al 165 (81 Lagoon Liquid Irrigation Fields Record One Form for Each- Field par Crop Cycie Facility N Irrigation eratbr Irrigation peretoes Address Operato Phone # From Waste Utilization Plan Recornm nded PAN Loading Q lacre B 50 fTt (81 (31t 1181 1I n F—�-7u. amrn/ddlyr) Date 1•ri ation asta An PAN` 01:11000 g PAN Applk (blacre) tol x f91 1 oon d nitrogen Balance" (lblacre) fa - 001 Start Time End Time Total Minutes ' (3) - (2) # of Sprinklers Operating Flow Rate (gaVmin) otal 'Volu (gallons) (8) x 16) x ( Volume per Acre (gallacrei (7)1(A) B= 50 a oon 117G1103 8001 1300 3C0 1 182 54800 ### 1.1 19.13 30.5, a oon 11/01103 13301 1830 3CD 1 182 54600 04 1.1 19.13 11.7 a oon 1 182 La oon 1 182 La con 1 182 a oon 1 182 oon 1 182 Lagoon 1 182 La oon 1 182 oon 1 182 aon 1 182 Crop Gy a Totals I Owner's Signature operators Signature Certified Operator (Print) Operator's CertMeation No. m FORM iRR-2 a IL z a Y N N N M N m cn m 66 Hydrant# l-1 Field# Field Size Farm Om Owner's Owner's i 5.1 dress Curtis Ludlum one # Crop Typ Smali grain olrerseed 141 111 L11 [Al 151 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Faalily N�� - Irrigation Operalor Irrigation Operators Address 03eratod Phone # From Waste Utilization Plan Recomm nded PAN Loading (I/acre) 8 50 IA1 rn M M 1101 M1 `•'Nuldent Source Dale (mmiddlyr) lrri align Waste An PAN" (Ib11ODE) g PAN Appll(d Oblacre) [8) x (9) lollO Nitrogen Balance" Qb/acre) - to Start Time bid Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate iaeUmiril Total Volu I (gallons) (B) x (5) x ( Volume per Acre (gaVecre) (7)1(A) B= 50 goon 11/04/03 800 1300 300 1 182 54600 1.3 13.92 36.0 goon 1'1/04/03 1330 - 1830 300 1 162 54600 1.3 13.92 22.1 La goon 1 162 goon 1 182 goon 1 182 a oon 1 182 a oon 1 182 a oon 1 182 L.69oon 1 182 Lagoon 1 1821 a oar 11 182 Crop Cy a Table Owner's Signature Operato's Si nature Certified Operator (Print) Operato's Cerlifiration No. cr, a CL Ca FARM IRR-2 Hydrant # L2 Fiald # Field Size Farm Ow Owner's Owner's 1 5.1 er ress Curlis Ludlum LhDne # Crop Typ Smell grain overseed t . - I Lagoon Liquid Irrigat(on Fields Reoord One Form for Each Field per Crop Cycle Facility N - 44 Irrigation eraior Irrigation perator's Address Operetof Phone # From Waste Utilintlon Plan Rsoomm ndsd PAN Loading (I acre) = (B) ap hi (21 Is) 141 to IM M (Al (91 11 M —Nulriell Source Date (mmiddlyr) Irrigation Wasta An PAN" (Ib11ad0 g PAN Apph (Ihlacre) ;$) x [9} 1000 d Nitrogen Balance' Wave) is)- 10 Start Tme End Tine Total Mlnutas (3) - (2) # of Sprinklers Operating Flow Rate (gailmin) Total Volur (galons) (S) x(5) x ( Volume per Acre (gallacre) (7)1(A) I 50 a oorl 11/10/03 900 1400 300 1 162 54600 1.3 13.921 36.0 La Don 11/14/03 800 1300 300 11 182 54600 wM 1.3 13.92 22.1 La Don 11/14/03 1330 1B30 300 1 182 54600 #w 1.3 13.92 a. a Don 1 182 oar. 1 18 Lagoon 1 102 a oon 1 1 B2 La oon 1 162 non 1 182 a oon 1 182 Le oon 11 182 chop cy a Tetala 1 Ownefs Signature _ Operator's MLraturs Certified Operator(Pdn� Operator's Ceriiiication No. OF W A rE9 ` r Michael F. Easley. Governor William G. Ross Jr., Secretary f%J r [North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 30, 2004 Mr. Curtis Ludlum Curtis Ludlum Farm 806 Village St. Bladenboro, NC 28320 RE: Acknowledgment of Receipt of Payment Case No. DV 04-004 Curtis Ludlum Farm Bladen County Dear Mr. Ludlum: RECEIVED DEC 0 2 2004 ON - FAYE'MLU REGO - OF€lpE , This letter is to acknowledge receipt of your check No. 9951 in the amount of $2,290.03 on November 30, 2004. This payment satisfies in full the civil assessment in the amount of $2,290.03 levied against Curtis Ludlum and the case has been closed. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Fayetteville Regional Office -terry �rxley File # DV 04-004 Central Files Na hCarolina Natuma!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715.0589 1-877-623-6748 Fax (919) 715.6048 An Equal Opportunity/A1Jirmative Action Employer — 50% Recycledl10% ]lost Consumer Paper Civil Penalties 9951 DV 04-004 Investigated Costs 9951 DV 04-004 Cash Receipt Journal 11/30/2004 curtis ludlum 43550002E 11/30/2004 Curtis ludlum 435400 1E30-6301 $1,200.00 1630-E301 $1,090.03 CURTIS LUDLUM " 9951 MARIE LUDLUM 1 806 VILLAGE STREET PH 91"63-4265 Date � 5- Z � � 631 BLADENBORO, NC 28320 ss-3ar88 B80 Pay to Order of_� Dollars 8 �� FIRST CITIZENS... BANK81.d�bc.n.a nka cem•m &.tl.nbwo.N C, Ya320 vww.flralcHlxma.ean Far-... _-...._..._. "� i:0 s 3 LO❑ 300i:0006i88❑ L 78 3 51i' 099 5 L rrunav,m W ETr BLUE TSBL bladen bladen 143-215.6A(a),(b),&(c) 143-215.6A(a),(b),&(c) VIVIlurcrl 11y. DIVISiun cashic!': Grnlul Total: $2,290.03 O�OF W ApF�pG Michael F- Easley Governor VJ William G. Ross Jr., Secretary 5 Department of Environment and Natural Resources 17 Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 a ER f CERTIFIED MAIL ! i .a.� RETURN RECEIPT REQUESTED Curtis Ludlum _ 806 Village St Bladenboro NC 28320 SUBJECT: Notice of Violation Request for information Inadequate Freeboard Curtis Ludlum Farm #9-44 Bladen County Dear Sir or Madam: On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on July 16, 1997. 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 Customer Service: Mailing Address: Telephone (919) 733 5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper ht1pJA2o. enr statanc. us �oQr 1M EMR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 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) 486-I54I . Sincerely, ZAan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files 1 Water Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Byron Melvin Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC28337-8337 Dear Permittee, PAT MCCRORY DONALD R. VAN DER VAART seerrrmy S. JAY ZIMMERMAN Dirmcror September 21, 2016 RECEIVED DEQ/DWR SPP 2 6 2016 WQROS FAYET'fEVILLE REGIONAL OFFICE Subject: Notice of Violation/Notice of Intent to Enforce Melvin Bros Farms, LLC Permit Number: AWS090044 Bladen County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T A105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2015PR005116 7/5/2015 360 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-63I6 -contd- State of North Camlina I Environmental Quality I Water Rcso--slWatcr Quality Regional operations 1636 Mail service Center I Raleigh, North Caroline 27699-1636 919 807 6454 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Program staff at (919) 807-6464 or (919) 707-9129. Sincerely, 4,31&� Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS090044) Water Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Byron Melvin Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC28337-8337 Dear Permittee, PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelmy S. JAY ZIMMERMAN RECEIVEDDpeclor July 8, 2016 DEQ/DWR JUL 1 1 2016 WQROS FAYETTEVILLE REGIONAL_ OFFICE Subject: Notice of Deficiency Melvin Bros Farms, LLC Permit Number AWS090044 Bladen County As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($) 2015PR005116 7/5/2015 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone. (919) 807-6316 -cona- State of North Carolina I Environmental Quality I water Resotaces/Watar Quality Regional Operatiom . 16161feil sc"icx Ccutei i Rnlc;gJ4 Nu IL C-.I: J 27,699-1636 919 807 6464 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, oe"� ' WA. Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS090044) RECEIVED DEQIDWR Water Resources Environmental Quality Byron E. Melvin III Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337 Dear Mr. Melvin: MAR 2 7 2017 WQROS FAYETTEVILLE REGIONAL OFFICE March 24, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Remission Request Farm # 09-0044 Bladen County File No. DV-2016-0083 Permit No. AWS090044 This letter is to acknowledge receipt of your request, on March 23, 2017, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340. Sincerely, (-Ak4 Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Fayetteville WQROS Regional Supervisor File # DV-2016-0083 WQROS Central Files (AWS090044) <5>—Nothinq Compares'=--_-- Stale of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Water Resources r Environmental Quality February 24, 2017 CERTIFIED MAIL - 47009 2250 0000 80871788 RETURN RECEIPT REQUESTED Byron E. Melvin III Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337 Dear Byron E. Melvin III: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 9-0044 Bladen County Enforcement File No. DV-2016-0083 This letter transmits notice of a civil penalty assessed against Byron E. Melvin III in the amount of $1250.00, and $1458.65 in investigative costs, for a total of $2708.65. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR <�--Nothing Compares',- ._ State of North Carolina I Emironmental Quality j Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Assessment of civil penalty Byron E. Melvin Enforcement ## DV-2016-0083 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources I636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. ✓ "M Assessment of civil penalty Byron E. Melvin Enforcement # DV-2016-0083 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission_ You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Adnwustrative.Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: William F. Lane, General Counsel DEQ 1601' Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, Jon Ris d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor w/ attachments File # DV-2016-0083 w/ attachments WQROS Central Files w/ attachments Bladen County Health Department RECENty DEQIDWR FEB 28Z017 WQROS FAYEfTEVILLE RFPIONAL OFFIrp r .,A 16 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BLADEN } File No. DV-2016-0083 IN THE MATTER OF } BYRON EDWARD MELVIN III 1 FINDINGS AND DECISION FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENTS OF GENERAL PERMIT AWG100000 ) CIVIL PENALTIES PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.1 } Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Byron E. Melvin III owns and operates Melvin Bros Farms, LLC a swine animal operation in Bladen County. B. Byron E. Melvin III was issued a Certificate of Coverage AWS090044 under General Permit AWG100000 for Melvin Bros Farms, LLC on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of the following activities unless the person has received a permit from the Commission and has complied with all the conditions set forth in the permit: made any outlets into the waters of the State." D. Condition I.L General Permit AWG100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyances, direct application and direct discharge or through ditches not otherwise classified as State waters." E. On March 9, 2016, DWR staff observed a discharge of wastewater at Melvin Bros Farms LLC from spray field to unnamed tributary to Big Swamp, which are Class C; SW waters of the State within the Lumber River Basin. DWR Staff was traveling on Berry Lewis Road and observed possible malfunction of the waste application system of Melvin Bros Farms LLC. DWR Staff investigated the spray field and advised the farm manager of the areas to place dirt to contain the waste in the field. After the waste was contained, Staff documented that waste was reaching an underground drain tile system and was flowing below the dirt berm into the adjacent ditch. It appeared to DWR Staff that waste could possibly be in the ditch above the ongoing discharge from a spray event in an adjacent field from the day before. r4 1% F. Condition II.17. of the General Permit AWG100000 states in part that "The OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designate back-up OIC shall inspect, the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than one hundred and twenty (120) minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and the operator for each inspection. Inspections shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." G. DWR Staff was traveling on Berry Lewis Road and observed possible malfunction of the waste application system of Melvin Bros Farms LLC. Staff entered the farm path and the residence of the farm manager. Staff informed manager's wife of the situation and she called him and went to the lagoon to cut off the irrigation pump. Staff contacted Mr. Melvin and informed him of the situation. He stated the farm manager had just left the farm and he would contact him to return to help contain any waste. H. On March 30, 2016, the Division issued a Notice of Violation (NOV) to Mr. Byron Melvin Ill identifying violations of N.C.G.S. 143-215.1 and Permit No. AWG100000. The violations include the unlawful discharge of wastes to waters of the State. The NOV/NOI letter was sent by certified mail, return receipt requested and received on April 6, 2016. The costs to the State of the enforcement procedures in this matter totaled $1458.65. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Byron E. Melvin III 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 discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. The discharge also violated Condition I.1 of General Permit AWG100000. D. The above -cited failure to inspect the land application site, to assure that waste is applied in accordance with the CAWMP violated Condition 1I.17. of the General Permit AWG 100000. E. Byron E. Melvin III 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 Byron E. Melvin III pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). r G. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Byron E. Melvin III, owner of Melvin Bros Farms, LLC at the time of the noncompliance is hereby assessed a civil penalty of: $ f Goo For making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit AWG100000. $ '450 For violating Condition II.17. of the General Permit AWG100000 for failure to properly inspect the land application site to insure that the animal waste is land applied in accordance with the CAWMP. $ l u O TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $1458.65 Enforcement costs $4.7 0$ _ 65 TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into accoutit the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282. I (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. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and cision shale transmitted to Byron E. Melvin III, in accordance with N.C.G.S. 143-215.6(A)(d). -(s-,r If -� (Date) on Risgaap6ec&f Water9tdflity Regional Operations Section Divi on of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Byron E. Melvin III County: Bladen Case Number: DV-2016-0093 Permit Number: AWS090044 ASSESSMENT FACTORS 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; In reference to the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private property was documented. However, runoff of hog waste occurred and entered the ditch system that leads to a blue line stream. Water samples show the waste did not leave the farm. 2) The duration and gravity of the violation; The precise duration is unknown, based on last inspection and observation of the spraying waste was no more than one hour. Ponded waste was contained immediately; the drain tiles were closed after their discovery. The duration and gravity of any discharge from the drain the from past spray events cannot be determined. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on groundwater quality was not measured Visual and analytical evidence confirmed that wastewater was discharged from the spray fields into the ditch system at the farm. 4) The cost of rectifying the damage; This factor cannot be determined because no data exists to establish the presence or extent of damages. 5) The amount of money saved by noncompliance; No monetary savings can be determined. 6) Whether the violation was committed willfully or intentionally; Based on the information provided by Mr. Melvin concerning the discharge of waste from the split hose and drain tile, it was not committed willfully or intentionally. The D KT staff could not find any physical evidence that contradict his statement. Mr. Melvin 4mmak#yJailed to comply with permit conditions by failure to properly inspect the application site to ensure no waste was ponding or discharging into the ditch was occurring from the spray event __ on MaJr�ch8, 2016 1 J l 1 L L` i �vil�i �1�4�� C� AJTT`e_ dr-vkkv% rCJ �w4+eV{Q 04 a0 J ce %. ow— drw t-; 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 NOD — May 2016 — freeboard violation CPA -Nov. 2016 — for failure to pay annual fee 8) The cost to the State of the enforcement procedures. $1458.65 r 1 Date Jo 'sgaard =[,m:ma�.� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS BYRON E. MELVIN III ) PERMIT NO. AWS090044 ) FILE NO. DV-2016-0083 Having been assessed civil penalties totaling $2708.65 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, February 24, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of 52017 Signature ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST APS Case Number: DV-2015-0083 County: Bladen Assessed Party: BVron E. Melvin III Permit No.: AWS090044 Amount assessed: $2708.65 Please use this form when requesting remission of this civil penalty. You must also complete the "Re uest For Remission Waiver o Ri ht to an Administrative Hearing and Stipulation o Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-21 S.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent pgyment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. Water Resources Environmental Quality January 23, 2017 CERTIFIED MAIL - #M151520 0000 7838 4337 RETURN RECEIPT REQ UESTED Byron Melvin Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337-8337 SUBJECT: Request for Payment of Civil Penalty Enforcement File No. PC-2016-0070 Bladen County Dear Byron Melvin: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director On November 23, 2016, the Director of Division of Water Resources (D);VR) assessed a civil penalty against you in the amount of $303.00, including $123.00 in investigative costs, for failure to pay the annual administering and compliance fees. If any civil penalty has not been paid within 30 days after the final agency decision has been served on the violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on December 3, 2016. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact Miressa D. Garoma at (919) 807-6340 or Debra Watts at (919) 807-6338. Sincerely, Miressa D.La Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Fayetteville WQROS Regional Office File # PC-2016-0070 WQROS Central Files (AWS090044) Nothing Compares','-__-, _ State of North Carolina � Environmental Quality I Division of Water Resources Water Quality Regional Operations section 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919-707-9129 r N. WaterResources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART secretary S. JAY ZIMMERMAN Director March 29, 2016 CERTIFIED MAIL 7012 3056 00019398 9854.. RETURN RECEIPT REMSTED Mr: Byron Melvin III 4912NC87W Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2016-DV-0124 Melvin BrosTarins LLC Facility No. 0944, Permit No. AWS090044 :. Bladen County Dear W .Melvin: On March 9, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations inspected the Melvin Bros Farms LLC and the permitted waste disposal system. We wish to thank Mr. Melvin who was present and assisted during the inspection. As'a result of this inspection, yoq 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 .1304, you have been found to be in violation of your .permit 'as follows: Violation 1: Failure to prevent discharge of waste to surface waters of wetlands. N.C. G.S. 143-215.10C - (Permit No. AWS090044 Section Conditions I 1 and 12). On March 9, 2016 DWR staff were passing by your farm and noticed possible malfunction of your waste application system. After contacting you and your farm manager a site visit was conducted and documented that a hose had broken and caused ponding. After waste was contained by your manager it was documented that a drain tile in the field was causing a discharge into the adjacent ditch. Required Corrective Action for Violation 1: Recover as much waste as possible from the field and ditch. Contact Bladen County MRCS/ Soil and Water for help'in the location of all drain'tile on this farm. Location of all discharge point into the diches should be monitored -during and after all spray events. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Cmw I Raleigh, North Carolina 27699-1611 919 707 9000 Mr. Melvin March 29, 2016 Page 2 The upstream water sample in the ditch (above the discharge point) did not meet water standards. To determine if the waste has been recovered and that no unknown discharge point exist the DRW request that you monitor the water in the ditch that received the discharged waste (section 11110 of your permit). The sample shall be analyzed for the minimum parameters set forth in section III f of your permit. The results shall be submitted to the DWR when completed. Violation 2: Failure of the OIC or person under the supervision of the OIC to inspect the land application site as often as necessary to insure that no waste is discharged. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways. (Permit No. AWS090044 Section II 17) On March 9, 2016 DWR staff were passing by your farm and noticed possible malfunction of your waste application system. It was documented that your farm manager and yourself were not on site during this time of the application event. DWR staff were able to contact the farm manager's wife, and she was able to cut the pump off and stop the spray event. Site inspection documented a broken hose and a drain tile that was discharging into a ditch. Required Corrective Action for Violation 2: Remove or disable the drain tile that was causing the discharge. If you have not already done so, recover as much waste as possible from the field and ditch and return to your lagoon. Maintain containments until the waste can be recovered and take all necessary steps to insure this violation does not reoccur. Record the volume of waste returned to the lagoon. - Contact the Bladen Soil and Water for assistance in the location of the drain tile in your fields including all drain outlets. In the future, please have someone on site to observe the spray events and walk the application site -to insure no waste is ponding or discharge of waste in accordance with your permit. The Division of Water Recourses requests that, in addition to the specified corrective action above, please submit the following items on or before April'30, 2016: 1. An explanation from the OIC for this farm regarding how this violation occurred. Include a detailed time line of when the spray event stoned, number of inspections and when your farm manager departed the farm. 2. A list from the OIC concerning the steps that will he taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before May 31, 2016 and to provide a written response to this Notice by April 30, 2016. Please include in your Mr. Melvin March 29, 2016 Page 2 The .upstream water sample in the ditch (above the discharge point) did not meet water standards. To determine if the waste has been recovered and that no unknown discharge point exist the DRW-request that you monitor the water in the ditch that received the discharged waste (section III 10 of your permit). The sample shall be analyzed for the minimum parameters set forth in section III f of your permit. The results shall be submitted to the DWR when. completed. Violation 2: Failure of the OIC or person under the supervision of the OIC to inspect the land application site: as often as necessary to insure -that no waste is discharged.. Inspection shall include but not be limited to visual. observation of application equipment, spray fields, subsurface drain outlets, ditches; and drainage ways. (Permit No. AWS090044 Section II-17) On March 9, 2016 DWR staff were passing by your farm and noticed possible malfunction of your waste application system. It was documented that your r farm manager and yourself were not on site during this time of the application event. DWR staff were able to contact the farm manager's wife, and she was able to cut the pump off and stop the spray event. ' Site inspection documented a broken hose and a drain tile' that was discharging into a ditch. Required Corrective Action for Violation 2: Remove or disable the drain tile that was causing the discharge. If you have :not already done so, recover as e field much waste as possible from the and ditch and return to your.lagoori.-Maintain containments until the waste can be recovered and take all necessary steps to insure this violation does not reoccur. Record the volume of waste returned to the lagoon. Contact the Bladen Soil and Water for. assistance in the location of the drain tile in your fields including all drain outlets. In the future; please have someone on site to observe the spray events and walk the application site -to. insure no waste is ponding or discharge of waste in accordance with your permit. The Division of Water Recourses requests that, in addition to the specified corrective action above, please submit the following items on or before Apri130, 2016: 1. An explanation from the OIC for. this farm regarding how this violation occurred. Include a detailed time line of when the spray event started, number of inspections and when your farm manager departed the farm. 2. A list from the OIC concerning the steps that will he taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before May 31, 2016 and to provide a written response to this Notice by Apri130, 2016. Please include in your Mr. Melvin March 29, 2016 Page 3 response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300. Sincerely, Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield Fayetteville"Regionals-Office>WQROSifiles ;" Ln Er ft't Hostage LT' Cerliffed Fee Q LK r- t*1 Solum Receipt Fee Postmark Hare Ci (FndorsemenlFloemlmd) a a Restricted Delivery F'ea (Endorsement RBquircWt L3 iA1 Total Postage 8 Fees Is IP ; m ru i+eer, Ayr' nro:; --. or PO box No.��' ---/� --ff'+- -.�- — City, State, Zr .......................... ��� �� 3 � y •�/fi Type of Visit: ®'Compliance Inspection O Operation Review 0 Structure Evaluation) Technical Assistance Reason for Visit: 0 Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 315iher 0 Denied Access Date of Visit: F3�- Arrival Time: ,,2 ; Departure Time: I j �/ D_j County: Farm Name: Z�L_ IU rarms / Owner Email: Owner Name: V - CJ V4/ % 'l/i +-� Phone: Mailing Address: Physical Address: Facility Contact: > fry^ lW-e Ili- Title: Onsite Representative:�-- Certified Operator: Back-up Operator: Location of Farm: s u-�— Latitude: Phone: Region: Integrator: Certification Number: `% %��/� ;7r> Certification Number: Longitude: Farrow t6 Finish J �� �•yiJ'' Jg. i�� ti f � - �f�M ,�`d k Y P J1 Y ^"'�'. 4 _:, x�. �J,�i � 9 �3.,M11- � / 1 -- Discharges and Stream Impacts 1. Is any discharge observed from any part of the operation? Yes ❑ No ❑ NA ❑ NE Discharge originated at: ❑ Structure Application Field ❑ Other: a_ Was the conveyance man-made? J@ Yes []No ❑ NA ❑ NE b. Did the discharge reach waters of the State? (If yes, notify DWR) 1 Cz Yes [—]No ❑ NA ❑ NE c. What is the estimated volume that reached waters of the State (gallons)? a,ngd&Y/ n. ,J d. Does the discharge bypass the waste management system? (If yes, notify DWR) K Yes ❑ No ❑ NA ❑ NE 2. Is there evidence of a past discharge from any part of the operation? CK Yes ❑ No ❑ NA ❑ NE 3. Were there any observable adverse impacts or potential adverse impacts to the waters [:]Yes ® No ❑ NA ❑ NE of the State other than from a discharge? Page I of 3 21412014 Continued FaciliNumber: 97- Date of Inspection: Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ®. Yes ❑ No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): - - Observed Freeboard (in):- 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes [SNo ❑ NA [] NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes Pj No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes 3 No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? [Yes [:]No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require Yes No [] NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes 0 No ❑ NA [] NE maintenance or improvement? I I. Is there evidence of incorrect land application? If yes, check the appropriate box below. aYes ❑ No ❑ NA ❑ NE PExcessive Ponding 12 Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 12-,ejTL r aL_ Vc- -t,!3 t 7j 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? 15. Does the receiving crop and/or land application site need improvement? 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acres determination? 17. Does the facility lack adequate acreage for land application? 18. Is there a lack of properly operating waste application equipment? Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check the appropriate box. ❑ Yes [a No ❑ Yes No [-]Yes ® No [:]Yes fo No 0 Yes [:)No ❑ Yes ❑ No ❑ Yes ❑ No ❑WUP El Checklists ❑ Design [] Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Rainfall ❑ Stocking[] Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections 22. Did the facility fail to install and maintain a rain gauge? [] Yes ❑ No 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes [-]No ❑ NA ❑ NE ❑ NA ❑ NE [DNA ❑ NE ❑ NA ❑ NE ❑ NA ❑ NE ❑ NA CZ NE ❑ NA E NE ❑ NA ENE ❑ Weather Code ❑ Sludge Survey ❑ NA ® NE ❑ NA �NE Page 2 of 3 21412014 Continued iFacihty Number: - Date of Inspection: -,AJ 24. Did the facility fail to calibrate waste application equipment as required by the permit? [] Yes ❑ No ❑ NA ONE 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check [] Yes ❑ No ❑ NA ® NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes 2) No ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No ❑ NA to NE Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes ❑ No ❑ NA S NE and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes 0 No ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the ❑ Yes Ej No ❑ NA ❑ NE permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ,® Yes ❑ No ❑ NA ❑ NE C, Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes r7,9 No ❑ NA ❑ NE 33. Did the Reviewer/inspector fail to discuss review/inspection with an on -site representative? ❑ Yes fZ No ❑ NA ❑ NE 34. Does the facility require a follow-up visit by the same agency? ® Yes ❑ No ❑ NA ❑ NE 1 a1, Wk �� W"X5 j r �,,--'/ Tzlt 7r7 ; s i �'•r� /11,�fi`L ��%f [/�fl bb oy" Me 4 T p� fTh , 'V�`;9�-` G� � y'-yr �K / ►[rt/`U' J `J�r ltys^�j�r : �i� //'��:�I rt� 1 ._' !7 � G��21sr� Der T 6 Reviewer/Inspector Name: Reviewer/Inspector Signature: Phone: 97�-{/33�33VV n Date: — _ _,;70 /"b Page 3 of 3 21412014 9 0 Division of Water Resources ❑ Division of Soil and Water Conservation 11 Other Agency Facility Number. D90044 Facility Status: Active Permit AW5090044 Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit Other County: Bladen Region: Date of Visit 03/MD16 Entry Time: 12A0 pm Exit Time: 5:40 pm Incident # Farm Name: Melvin Bros Farms, LLC Owner Email: Owner. Byron Edward Melvin III Phone: Mailing Address: 4912 NC 87 W Elizabethtown NC 28337 Physical Address: 263 Berry Lewis Rd Bladenboro NC 28320 Facility Status: ❑ Compliant Not Compliant Integrator. Murphy -Brown LLC ❑ Denied Access Fayetteville 910-876-1680 Location of Farm: Latitude: 34° 31V 19" Longitude: 78° 49' 26" From Bladenboro go down 3 mile turn left on 1128 3/4 mile on left. Question Areas: Disehrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Doarments Other Issues Certified Operator. Bye Edward Melvin Operator Certification Number 994270 Secondary OIC(s): On Stte Representative(s): Name Title Phone 24 hour contact name Byron Melvin Phone : On -site representative Byron Melvin Phone: Primary Inspector. Steve Guyton Inspector Signature: Secondary Inspector(s): Inspection Summary: Phone: Date: page: 1 Permit: AVVS090044 Owner- Facility : Byron Edward Melvin II Facility Number. 090044 Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit: Other t 8 2 When I was driving past this farm I noticed what looked like a broken hydrant spraying waste into the air. I called Mr. Melvin who called his fram manager_ I was able to gel the managers wife to cut aff the pump. Inspection of the -site, it was documented that the hose from the hydrant to the reel was split. Waste was ponding in the field_ The manager came and he placed dirt at all the posible areas it could leave the field. He had sprayed across the ditch the day before, I noticed what was possible waste in the ditch from that spray event. I started sampling and noticed that waste was discharging into the ditch from the current spill. It was coming from a drain tile in the field that confined the ponded waste behind the containment.) continued sampling the current discharge. Mr. Melvin came to the tarts I showd him the the and he prompty dosed off the ditch to contain waste. he also doug up the file to prevent any father discharge Mr. Melvin is a new owner of theis farm and was not aweare of the tile he will oontact Bladen NRCS to locale the file or any other tile on the farm. 4. Freeboard levels had been reported and POA has been recived. 8 This has been taken care of inprevious inspection. farm will have new marker installed. 9 & 31 With the help of Bladen NRCS locate an drain We and points of discharge so they can be monitered during spray events. 18. fix broken hose from hydrent to reel_ Farm owner and manager were very coopertive and worked quickly to contain and stop the waste from discharging. page: 2 Permit: AWS090044 Owner - Facility . Byron Edward Melvin 11 Facility Number. 090044 Inspection Date: 03/09/16 Inppection Type: Compliance Inspection Reason for Visit Other Regulated Operations Design Capacity Current promotions Swine Swne - Feeder to Finish 7,040 Total Design Capacity: 7,040 Total SSLW: 950,400 Waste Stnuctum Observed Disignated Type Identifier Closed Date Start bate Freeboard Freeboard Lagoon 1 Lagoon 2 Lagovn A 19.00 18.00 Lagoon B 19.00 t 8.00 page: 3 Permit: AM990044 Owner - Facility : Byron Edward Melvin II Facility Number. 090044 Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit Other Discharges & Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? 0 ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a_ Was conveyance man-made? 0 ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DW0) ■ ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? undetermined at this time d. Does discharge bypass the waste management system? (if yes, notify DWO) 0 ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? 0 ❑ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection. Storage & Treatment Yes No Na Ne 4. Is storage capacity less than adequate? M ❑ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Led large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ 0 ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ 0 ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require 0 ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No Nam 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 4 Permit: AM090044 Owner - Facility : Byron Edward Melvin II Facility Number. 090044 Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit Other Waste Application Yes No Na No Crop Type 1 Coastal Bermuda Grass w/ Rye overseed Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste 1101111 Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16. Did the facility fail to segue and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ E ❑ ❑ 18. Is there a lark of property operating waste application equipment? 00011 Records and Documents Y Na He 19_ Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 1111 If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21_ Does record keeping need improvement? ❑ ❑ ❑ M If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 5 Permit: AWS090044 Owner - Facility : Byron Edward Melvin II Facility Number. 090044 Inspection Date: 03/09/16 Inpsection Type: Compliance Inspection Reason for Visit: Other Records and Documents Yes No Na No Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 0 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ E ❑ ,❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ ■ Other Issues Yes No No 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ 0 and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ E ❑ ❑ contact a regional Air Quality representative immediately. 30_ Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Application Field Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAWMP? 33. Did the ReviewerAnspector fail to discuss review/inspection with on -site representative? ❑ ■ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ■ ❑ ❑ ❑ page: 6 42 ri te c) i Ur POPS Feed • Feed — RF115--1 I Gilts-- 1 Saaa-m V eirs Others x F EEBOARD-- Design R Obsenreci Sludge SuYvell Callbrationz GRIM. C�Qpr "�r:'eld WasL-- Trari�iers �.,¢ln G-auga Wr- -Uable-Aarras '{eakly -!-:I: r, 7 spray/Freeboard -PrOP. Weziher Codes ruin --nnspectans Date -Nitrogan (') Dataitrogen (N-j Id siau Para 17 Fayetteville Division 2592 Hope Mills Road -- Fayetteville, NC 28306 (910) 864-19201864-8774 fax CHAIN OF CUSTODY RECORD PAGE 1 OF 1 WENT NAME i ADDRESS: aS��c-nS /ry- ��r PON PR E r LacATIDN; to O m O TYPE OF ANALYSIS PRESERVATION (CODE) • CoDQ , A—,0' 4'C ONLW, 51A? L *� i� F 2) 0 3 �.�iaB HNO3yIi?cZ)<4'C4`' n r¢,irJa� nk-asr MOH♦ i4 C . iP. Acatal Ea N+ +c4f ��r_ �➢! F A Sodiu�► Thlo .. �ih1'F_ } li,. f5fk I �xi,'f'1 r Y CONTACT PERSON: �D��,� 1Zc.:soa(pl,sx)+•c4�. PHONE: 7/U -- 3j ._3 �Y sAMPLE : —j�� / DATE LAS ID # Sample Type Start Date Start Time Sample Data Sample Tlma COMP GRABES. PH D.O.O,O, 7EAtP'C CHLORINE 3-�L-M 3 J 2 v C 7 Rai tnqulsIt y Data Time Received by: Date Time Comments or Special Hazards: 2 Temp n� Aelfnquishad by: Data Time ecalve d Time ? 3 ff �lC� r, Z, �} 4 pH- FWIrtgttishad dy. Date Time Recelv by: Date Time 5 6 Flow: Relinquished try; DMe Time Received by: Data Time 8 Additional Sample Comments: �MICROBACR Bill To: NC DENR - DWO (Surface Water) Ms. Belinda Henson 225 Green Street, #714 Fayetteville, NC 28301 Project: Ground Water & Stream Samples - Farm/Fief Nk"bac Laboratories, Inc. Fayetteville Division 2592 Hope Mills Rd Fayetteville, NC 28306 910.864.1920 bonnie.sanders@microbac.com PO # EP4759308 Invoice Invoice Number: KA6C00467 Invoice Date: 0311112016 Client Code: KNO03 Terms: 30 Days Services Provided for: NC DENR - DWO (Surface Water) 225 Green Street, #714 Fayetteville, NC 28301 Received Date 03/09/2016 Work OnJ (s) Qumtft Base Prime surcharge unit Cost Extended Cost K6CO392 5 Fecal Coliform Bacteria in Water $30.00 0% $30-00 $150.00 Total Amount $150.00 Prepaid Amount $0.00 Balance Due $150.00 Please detach invoice stub below and return with remittance d~ --- -- --- -. ...... ..... ...... ... .... -- .. ... -- -- ......-- ------ INVOICE #: KA6C00467 INVOICE Date: 03111/2016 CUSTOMER #: KNO03 Remittance To: Microbac Laboratories, Inc Attn: Locator KA P.O Box 644733 4 Pittsburgh, PA 15264-4733 Balance Due $150.00 Terms: 30 Days KAKNO03KA60004671103201600015000 NC DENR - DWQ (Surface Water) Ms_ Belinda Benson 225 Green Street, #714 Fayetteville NC, 28301 MICROBAC' Fayetteville Division Certificate of Analysis Date Reported: 03/11/16 Project: Ground Water & Stream Samples - Form/Field Date Received: 03/09/16 Date Sampled: 03/09/16 Sampled By: Steve Source, grab K6C0392-01 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Mi[robac Laboratories, Inc. - FayedeAke Coliform, Fecal 80000 per 100 mL 03/09/16 18.16 CCR SM 9222 D-1997 Ist into Ditch, grab K6C0392-02 Analyte Result Units Analyzed Analyzed By Method Qualifier Anafged by: Mioobac Laboratories, Inc. - Fayete4e Coliform, Fecal 80000 per 100 mL 03/09/16 18:43 CCR SM 9222 13-1997 Confluence to Stream, grab K6C0392-03 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Mi robac Laboratuies, Inc. - Fayetteviiie Coliform, Fecal 540 per 100 mL 03/09/16 18:43 CCR SM 9222 D-1997 Upstream, grab K6C0392-04 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed try: M'icrobae taboraWrtes, Inc. - Fayetteville Coliform, Fecal 10000 per 100 mL 03/09/16 18:43 CCR SM 9222 13-1997 Downstream, grab K6C0392-05 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by. Mier b Laboratories, Inc. - Fayetteville Coliform, Fecal 210 per 100 mL 03/09/16 18:53 CCR SM 9222 D-1997 Microbac Laboratories, Inc. Page 1 of 371 2592 Hope Mills Road I Fayetteville, NC 28306 1910.864.1920 p 1910.864.8774 f I www.microbac.com NC DENR - DWQ (Surface Water) Ms. Belinda Henson 225 Green Street, #714 Fayetteville NC, 28301 <�"% M iCROBAC Fayetteville Division Certificate of Analysis Project: Ground Water & Stream Samples - Farm/Field Date Reported: 03/11/16 Date Received: 03/09/16 Date Sampled: 03/09/16 Sampled By: Steve State Certifications: Respectfully Submitted NCDNR #I1 NCDO11 437714 Bonnic K. Sanders, Senior Project Manager Thank you for your business. We imile yourfeedback on our level ofservire to ynu. Plensa ronract the Division Manager, Rob Dermer a1 91"64-1920 with anv guenions. You may also contact J. Trevor Boise, President at president@microbw.com Microbac Laboratories, Inc. Page 2 of 3 2592 Hope Mills Road I Fayetteville, NC 28306 1 910.864.1920 p j 910,864.8774 f I www.microbac.com Fayetteville Division 2592 Hope Mills Road - Fayetteville, NC 28306 (910) 864-' *K6CO392* CHAIN OF CUSTODY RECORD WENT NAMG •ADDRESS: AGp C ✓1�! 7�� O$ ROJECT I L CN: m t—"e1`C{ W 0 TYPE OF ANALYSIS PRESERVATION CODE 3 CGD,�1rAiVrC'Q m, a 11 .tip c d ' b:lli_�4 �C'h a �. �Y ' � .�A•! K 'z ' CONTACT PERSON: 3r Y7 & PRONE 3J --3 jam- � •/ 4i�/� _ . ,� l."' �i ci-y DATE 1 METHOD OF SHIPMENT:,,}Yrr'v �El/i✓�D�, � 1`�E�!-.�G�/� ��t/c:�JE�r�'- L�t� i/ LAB 10 0 Sampto Type Start Data Start Time Sample Date Sample Tima COMP GRAB PH D.O. TEMP `C RES. C.LORINF. 3. 3 v 3�1,6 ReUnqulaslW Dale Time Received by: DO* Time Comments or Special Hazards: r r � Temp; L Re qufehed by, Dale Time D le Tlm■ 3 �O 5,Zr 4 pH: Reilnqulehed tote Time Recei Oete Tim 5 6 FIDw: Rellnqubhed by.- Onto Ttme ReceNed by: Deto rune 7 E -1 - Additional Sample Comments; SYC rD�� Laboratory Section WSsultsfSamp(e Comme1ttsl( afi ierDe ftnitions Sample ID: AC27144 esult/ Method Analysis t,tuamier Untts Keterence gale vaoeatea ov NCQEQ-WSS-Chemistry Lab Data qualiflers Al The reported value is an average, where at least one result is qualified with a 'U'. The PQL Is used for the qualified result(S) to calculate the average. B1 Coliform-Countable membranes WM less than 20 colonies. Reported value is estimated or is a lotaf of the counts on all filters reported per 100 mi. B2 Coliform-Counts from all fitters were zero. The value reported is based on the number of colonies per 100 ml that would have been reported d there had been one colony on the filter representing the largest filtration volume. S3 Cofiform-Countable membranes with more than 60 or 80 colonies. The value reported is calculated using the count from the smallest volume filtered and reported as a greater than ">' value. 134 Coliform-Fillers have counts of both >60 or 80 and <20. Reported value is estimated or is a total of the counts on all filters reported per 100 mt. 85 Coliform-Too many colonies were present: too numerous to count (TNTC). TNTC is generatly defined as > 150 colonies. B6 Coliform-Estimated Value. Blank contamination evident. B7 Coliform-Many non -conform or non-enterococcus colonies or interfering non-coliform or non-enterococcus growth present. In this competitive situation, the reported value may under -represent actual density. B61 MPN-No wells or tubes gave a positive reaction. Value based upon the appropriate MPN Index and reported as a less than'<" value. B82 MPN-All welts or tubes gave positive reactions. Value based upon the MPN Index and reported as a greater than'>" value. C Total residual chlorine was present in sample upon receipt in the laboratory; value is estimated. Gi BOD-The dissolved oxygen (DO) depletion of the dilution water blank exceeded 0.2 Mg/L. G2 SOD -The bacterial seed controls did not meet the requirement of a DO depletion of at feast 2.0 mg/L andlor a DO residual of at least 1.0 mg/L. G3 SOD -No sample dilution met the requirement of a DO depletion of at least 2.0 mg/L and/or a DO residual of at least 1.0 mg/L. G4 BOD-Evidence of loxicity. This is generally characterized by a significant increase in the BOD value as the sample concentration decreases. The reported value is calculated from the highest dilution representing the maximum loading potential and GS BOD-The glucose/ glufamic acid standard exceeded the range of 198 t 30.5 mg/L. I G6 BOD-The calculated seed correction exceeded the range of 0.6 to 1.0 mg/L. G7 BOD-Less than 1 mg/L DO remained for all dilutions set. The reported value is an estimated greater than value and is calculated for the dilution using the least amount of sample. G8 BOD-Oxygen usage is less than 2 mg1L for all dilutions set. The reported value is an estimated less than value and is calculated for the dilution using the most amount of sample. G9 SOD -The DO depletion of the dilution water blank produced a negative value. J 1 Surrogate recovery limits have been exceeded. J2 The reported value failed to meet the established quality control criteria for either precision or accuracy. J3 The sample matrix interfered with the ability to make any accurate determination. J4 The data is questionable because of improper laboratory or field protocols (e.g.. composite sample was collected instead of grab, plastic instead of glass container, etc.). J5 Temperature ftmits exceeded (samples frozen or WC) during transport or not verifiable (e.g., no temperature blank provided): non -reportable for NPDES compliance monitoring. J6 The laboratory analysis was from an unpreserved or improperly chomically preserved sample. The data may not be accurate. J7 This qualifier is used to identify analyte concentration exceeding the upper calibration range of the analytical instrumenUmethod. The reported value should be considered estimated. J8 Temperature r'tmits exceeded (samples frozen or >6°C) during storage, the data may not be accurate. J9 The reported value is determined by a one -point estimation rather than against a regression equation. The estimated concentration is less than the laboratory practical quantitation limit and greater than the laboratory method detection limit. J10 Unidentified peak, estimated vatue. ill The reported value is determined by a one -point estimation rather than against a regression equation, The estimated concentration is less than the laboratory practical quantitation limit and greater than the instrument noise level. This code is used when J 12 The calibration verification did not meet the calibration acceptance criterion for field parameters. M Sample and duplicate results are "out of control'. The sample is non -homogenous (e.g., VOA soil). The reported value is the lower value of duplicate analyses of a sample. N1 Presumptive evidence and estimated value. The component has been tentatively identified base on mass spectral library_ N2 There is an indication that the analyte is present, but quality control requirements for confirmation were not met (i.e" presence of analyte was not confirmed by alternate procedures). N3 This code shall be used if the level is too fow to permit accurate quantification, but the estimated concentration is less than the laboratory practical quantitation limit and greater than the laboratory method detection limit. This code is not routinely N4 This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is less than the laboratory practica€ quantitation limit and greater than the instrument noise level. This code is used when an MDL has not N5 The component has been tentatively Identified based on a retention time standard: 01 Holding time exceeded prior to receipt by lab. Q2 Holding time exceeded following receipt by lab. P Elevated PQL' due to matrix interference and/or sample dilulon. S Not enough sample provided to prepare and/or analyze a method -required matrix spike (M$) and/or matrix spike duplicate (MSD). U Indicates that the analyte was analyzed for but not detected above the reported practical quantitation limit'- The number value reported with the'U" qualifier is equal to the laboratory's practical quantitation limit' X1 Sample not screened for this compound. X2 Sampled, but analysis lost or not performed -field error. X3 Sampled, but analysis lost or not performed -lab error. V Indicates the analyte was detected in both the sample and the associated method blank. Note: The value in the blank shall not be subtracted from the associated samples. WSS Chemistry Laboratory» 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 "Not Detected or'U" does not indicate the sample is analyte free but that the analyte is not detected at or above the POL. Page 2 of 3 WCOWk Laboratory Section WssuNlSampleComments/Qua(ifiercDef-Fnitions Sample ID: AC27144 Result! Method_ Analysis _..� .. .-.,. ;, Qualifier Units Reference Date Validated Y Elevated PQL' due to insufficient sample size. Z1 Inability to analyze the sample. Z2 Questions concerning data reliability. WSS Chemistry Laboratoryp> 1623 Mail Service Center, Raleigh, NC 276WI623 (919) 733-3908 'Not Oetected' or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the POL. Page 3 of 3 JYC eD'1MR Laboratory Section lZp.snits/Sampee Comments/Quafifier(Definitions Sample ID, AC27144 CAS # Anal a Name Result/ metnotl Analysis Qualifier Units Reference Date Validated by Y Elevated PQL' due to insufficient sample size. 21 Inability to analyze the sample. ZZ Questions concerning data reliability. WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3968 'Not Detected" or'U' does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 3 of 3 AC271" North Carolina Division of Water Resources Water Sciences Section Laboratory Results Lot, Deser.: MELVIN BROS SOURCE County: BLADEN Collector: S GUYTON VlsitlD Region: FRO Report To FRO Location ID: FROSPNLC River Basin LBRso Collect Date: 0310912016 Priority COMPLIANCE Emergency Collect Time: 15:30 Sample Matrix: SURFACEWAI€R CDC Yes/No Sample Depth Loc. Type: RtVER1STREAM Final Report Sample ID: AC27144 PO Number # 16W3453 Date Received: 0311012016 Time Received: 08:05 Labwoft LoginlD MSwIFT Delivery Method NC COURIER Final Report Date: 3128H6 Report Print Date: 03/28/2015 If this report Is labeled preliminary report the results have not been validated. Do not use for Regulatory purposes. Resuitl Method Analysis Units CAS # Analyte Name PQL Qualifier Reference Date Validate LAB Sample temperature at receipt by lab 1.3 'C 3110M6 MSWIFT MIC BOD, 5-Day in liquid 2.0 300 mg/L SM 5210 B-2001 3/11116 ESTAFFORDI NUT NH3 as N in liquid 0.02 300 J6 mg1L as N EPA350.1 REV 2 3M6116 CGREEN NO2+NO3 as N in liquid 0.02 0.5 U P J6 mg1L as N EPA 353.2 REV 2 3116l16 CGREEN Phosphorus total as P in liquid 0.02 34 J6 mg/L as P EPA 365A REV 2 3117116 CGREEN Total Neldahl N as N in liquid 0.2 360 J6 mg1L as N EPA 351.2 REV 2 3/15116 CGREEN Sample Comments NUT: All -A -Estimated -sample not preserved or improperly preserved. NUT: NO3NO2-P-Elevated POL due to matrix interference and/or sample dilution. WSS Chemistry Laboratory» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 'Not Detected' or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the POL. Page 1 of 3 3-C 3. M C3CO3 ts WD North Carolina Division Of Water Resources Central Laboratory (Water Sciences Section) Water Sample Collection & Submittal Form '!s'.I.v sit "'(e ID AC27144 4 Dwe Received-,' ocation: scriptl K0 5 P r4 Lp-- ACQU F�Ambient EIRoutine ZCompliance 0 COC E]Emertlericy EIQA Ground OWaste ❑Blank EDSOlution 4_W] am DEstuary ❑OStormwater ❑D monitoring well E]Effluent nField Blank [:]Filter Blank E10ther: LjLake E]Cana! EJ water SuPoly Ellnfluem [-]Trip Blank - Ilme Received: 7, -7DWR,'Reglb#::�;,y fbosedanmrxiry!'«r•/G�iSur-face Prli"4*ki. 1 1. z State WUrier DeffW4 Methqd.;� and Delivery Iher: Notes: -3 ❑ ChChlorinated[IlDe-chlorinated in Field �i' samplIn, 0 . IL Groh i,•UComposite [JOther: '4 7 Dissolved analysis' Enter "DIS' ❑ Filleted in Field in check -boxes for parameters WicibbloloyParafietirs- MBS surfactants mgta Tin (Sn) PgA Acidity, as CaCO3, to pH 4.5/8.3 _. mg/L CTI and Grease, HEM, Total Recoverable mg/L Aluminum (Al) pg/L Titanium (Ti) pg/l. 3 ini ty, as CaCO3, to PH 4.5/8.3 mg/l. Phenols, Total Recoverable pg/L Antimony(Sb) pg/L Vanadium (V) pg/L 806: Hioch ernical Oxygen Demand, 5-day mg/L Residue: Total { rota! Solids) mg/L Arsenic (As) pg/L Zinc (Zn)_ WL cBOD: Carbonaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (6a) pg/L Coliform: Fecal MF /I00ml Residue: Suspended (Suspended Solids mg/L Berviflurn (Be) pp/L Boron (B), Total pg/L Coliform: Total MF 1100MI Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) WeA Mercury 1631, low-level ng/L Coliform: Tube Fecal 1200ml TDS - Total Dissolved Solids mg/L Calcium (Ca) mg/L Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total 091L Specific Conductance, at 25 'C L-hos/crn Sulfide mg/L Cobalt (Co) pg/L Acid Herbicides OC - Total Organic Carbon mg/L tannin & Ligrin mg/i Capper (Cu} pg/L Organochlorine Pesticides Turbidity NTU Iron (Fe) OrBanonitragen Pesticides 7 ILead(Pb) Organuphosphorus Pesticides .:--;Wet'Chemistry PH S'U Lithium (J) pg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg] mg/L Chloride mg/L manganese (Mn) PEA Semi -Volatile Organics (ONAs) Fluoride mg/L Mercury (Hg) p8/1. TPH Diesel Range Sulfate mg/L 'A Nutrients Parameters:'.";, IPA Molybdenum (Mo) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) pi;./L Volatile Organics (VOA) Color: ADMJ c.u. Nitrate -Nitrite as N(NO3+NO2-N) mg/L Potassium (K) mg/L Color Platinum Cobalt C,U, Total Kjeldahl Nitrogen as N (TKN) mg/L Selenium (Se) 0 g/L TPH Gasoline Range COD: Chemical oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) PZA Cyanide, Total L L Nitrite as N (NO2-N) MC/L Sodium (Na) mg/L Formaldehyde Mg/0 Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) ve/L IPh oplankton/Algae Hewavaient Chromium (Cr64) mg/L Orthophosphate as P (PO4] mg/L Thatlium (TI) pg/L LAB COMMENTS: + 0t'.r04_t - rl.0 X,,Jlt. OA.0 E Revision: 2/06/2C15 �i E 2C t I - k_KO � S; 3 North Carolina Division of Water Resources Water Sample Collection & Submittal Central Laboratory (Water Sciences Section) Form O'SARV OT. AC27144 tocatian:Dcicrilptlon:,� IND 5 9 N qw'- Date ;� �� ,, 11 3 C w E b -.TPP T River/Stream Lake g TtT Z—e . I ZAMAmbient A/2''P 1�7 Received Dy. 'X�). Routine Surface ClEstuary F]Canaf WSlate 0o'brier OGrOUnd [:]Monitoring Well ❑Water Supply Noes:MCompliance -3-30 'A ❑ CDC 0 ElEffluent Eltrifluent DeA*Y method.4, and Delivery ❑Emergency Waste 0 Blank Field Blank [:]Trip Blank 00th,r: ❑ El Chlorinated De-ch;orinated in Field -54ihlii(fn'i Grab Composite GrabO 00A ElSolution E]Fllter Blank CCthev TeMperdtilnk.. G Dissolved analysis: Enter "DIS' Filtered in Field 1� P�#h: j -boxes for parameters in check -boxes C(, MBAS (surfactants) m8li. �4_�}s-Me ta I Tin (Snj Pelt. Acidity, as CaCO3, to PH 4.5/&3 mg/L.. Oil and Grease, HEM, Total Recoverable mg/L Aluminum (AI) Pg/L Titanium (Ti) PgA Alkalinity, as C.0O3. to PH 4.5/B.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pg/L Vanadium (V] pg/L BCID: biochemical Oxygen Demand, 5-day mg/t Residue: Total (Irotal Solids) mg/L Arsenic (As) Pg/L Zinc (Zn) pg/L CBOD: Carbonaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (ba) pg/L Coliform: Fecal MF /looml Residue: Suspended (5uspended Solids I mg/L Beryllium pg/L Baran (B), Total pg/L Coliform: Total MF /100ml Residue: Voiable/Fixed, Suspended mg/L Cadmium (Cd) P8A Mercury 1631, low-level ng/L Coliform: Tube Fecal /100ml TDS - Total Dissolved Solids mg/L Calcium (Ca) rng1L Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total PS/L Specific Conductance, at 25 'C umhos/crn Sulfide mg/L Cobalt (Co) PgA Acid Herbicides 70C - Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organochlorine Pesticides Turbidity NTU Iran (Fe) pg/L Urganonitiogen Pesticides OtKiir Piraiiiebiri7,`t.tek. Lead (Pb) pg/L Organaphosphorus Pesticides ',-:,Wet'i:hemistryP.aearnOtiers'-' ph SAO. Lithium (0) PgA PCBs (Polychlorinated biphenyls) Bromide mg/L Hardnes5,'Total as CaCO3 - by titration mg/L. Magnesium (Mg) -Chloride mg/L Manganese (Mn) pg/L Semi -Volatile Organics (SNAs) Fluoride mg/L Mercury (11g) pg/L TPH Diesel Ran Sulfate mill, N I., ... j. . Nutrients Parameters: , Molybdenum (Mu) pg/L Chlorophyll a Pg/L Ammonia as N (NH3-N) mgjL Nickel (NI) PgA Volatile Organics (VOA) Color: Awl c.u. _Nitrate- Nitrite as N jNO3+NO2.Nj mg/L Potassium (K) mgIL Color: Platinum Cobalt C.U. Total Kjeldah; Nitrogen as N (TKN) fng/L Selenium (5c) Pg/L TPH Gasoline Range COD: Chemical oxygen Demand mg/l, Total Phosphorus as ? (TP) mg/L Silver(Ag) pg/L Cyanide, Total mg/L Nitrite as N I NO2-N) mg/L Sodium (Na) mg/L Formaldehyde mg/L Nitrate as N (NO3.N calculated) mg/L Strontium (5r) Pg/L n.plankton /Algae Hexavaient Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L Thallium (TI) pg/L LAB COMMENTS: fj'+ek 4, - 14+�wt9le. ,,0 311,0(11, Revision 113 Cn CA. = 4- t= O C* CID cc 221n I (o w 3� 5-)` North C2rO]jna Division of Water Resources Water Sample Collection & Submi Submittal Form Central Laboratory (Water Sciences Section) ',4WUi6UV1,N V4...." #Q . 31 AC27148 4 Ut .Coun o* 4.0catiI06,06cfiPtichn !T d6je". % 0 typeI �.+. �3 k OAmbient Surface ❑EjEstuary ❑LjCanal DRoutine []Stormwater ,Compliance 015round OManitoring Well OW21ter Supply COC ❑0 Waste ❑OEffluent ❑DInfluent OField Blank 0 Emergency ❑ Blank oTrIp Blank []Filter Blank FQA osolution 00ther: Zzc_.> /�/ 2, C., -cc 4, :q tatelbourier Deft Lj d Delivery 00the,: Notes: I iiiGrab ❑ Chlorinated DIDe-crilorinaied in Field 1 LjComposite Ps()Ihwr. A Z4 Dissolved analysis: Enter"DIS" El Filtered in Field in check -boxes for parameters •SviiWL; Dipth], f-A MI era bI a logy" Parameters; MBAS (surfacrants) mg/L Tin 15n) pg/L Acidity, as CaCO3, to pH 4.5/8.3 mg/L Oil and Grease, HEM, Total Recoverable ing/l. Aluminum {AI) pg/L Titanium (Ti) M/L Alkalinity, as CaCO3, to PH. 4.5/8.3 mg/L Phenols, Total Recoverable pg/L Antimony (5b) Pg/L Vanadium (V) WL BOD: Biochemical Oxygen Demand, 5-day mg/L Residue: Total I Total Solids I mg/L Arsenic jAs) VigA Zinc (Zn) IgA cBOD: Carbonaceous goo, 5-day MCA Residue: Volatile/Fixed, Total mg/L Barium (Be) vg/L Coliform: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) PG/L Boron (8), Total 'pC/L Coliform: Total MF /100ml Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) wg/L Mercury 1631, low-level ng/t Coliform: Tube Fecal /100ml TDS -Total Dissolved Solids mg/L Catciurn (Cn) m9i'L Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total vg/l. Specific Conductance, at 25 *C urnhos/cm sulfide mg/l. Cobalt (Co) lag/1 Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & UUnin mg/L Copper (Cu) WgIL Organachlorine Pesticides Turbidity NTU Iran (Fe) t pF./L orgarionitrogen Pesticides Lead fftj Vg/L organophosphorus Pesticides PH s.u. I Lithium (1.0 Pg/L PCBs (poiyWarinated biphenylsl Brcmide mg/L Har&ess, Total as CaCO3 - by titration. mg/L Magnesium (MR) mg/L Chloride mg/L Manganese (Mn) pg/L 1 1 SemWolatile Organics (BNAs) rluorjde mg/L Mercury ft) pa/L TPH Diesel Range Sulfate mglt Molybdenum (Mol Wg./L. Chlorophyll a Pg/L 24 Ammonia as N {NH3-N) mg/L Nickel (Ni) Vg/L Volatile Organics (VOA) Color: ADMI c.u. NNJ Wtrate4lltrite as N (NO3+NO2-N) mg/L Potasslum (K) mg1L Color Platinum Cobalt c.u. M: Total Kjeldafil Nitrogen as N (TKN) mg/L Selenium (Se) pe/L TPH Gasoline Range COD: Chemical Oxygen Demand mg/L Total Phosphorus as P (TP) mg/l, Silver (Agi Pg/L 'g' I Cyanide, Total mg/L Nitrite as N (NO2-N) mg/L ,u Sodium {Na) Formaldehyde ma/L Nitrate as N (NO3-N calculated) mg/L IThallium Strontium (Sr) �/ILL Phytoplanktan /Algae Hexavalent Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L (TI) WgIL LAB COMMENTS; . e .4- — r),q �m4je I MV 3.11011� Revision: AC27148 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc. Descr.: MELVIN BROS. DOWN STREAM County BLADEN Collector: S GUYTON Vlsitlb Region: FRO Report To FRO Location ID: FROSPNLC River Basin LBR50 Collect Date: 03I0912016 Priority COMPLIANCE Emergency Collect Time: 16:10 Sample Matnx: SUURFACEWATER CDC Yes/No Sample Depth Loc. Type: RIVERISTREAM Sample 10: AC27148 PO Number # 16W3457 Date Received: 03/1012016 Time Received: 08_05 Labworks LoginlD MSWIFT Delivery Method NC COURIER Final Report Date: 3128116 Report Print Date: 0312812016 rinai Kepor>< IF this report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Units GAS # Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 2.8 °C 3110/16 MSWIFT MIC BOD, 5-Day in liquid 2.0 19 mglL SM 5210 8.2001 3111116 ESTAFFORDI NUT NH3 as N in liquid 0.02 5.1 mg/L as N EPA 350.1 REV 2 3116116 CGREEN NO2+NQ3 as N in liquid 0.02 1.7 mg1L as N EPA 353.2 REV 2 311&16 CGREEN Phosphorus total as P in liquid 0.02 0.48 m9IL as P EPA 365.1 REV 2 3/17116 CGREEN Total Kjeldahl N as N in liquid 0.2 6.9 mg1L as N EPA 351.2 REV 2 3/15116 CGREEN WSS Chemistry Laboratory» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 'Not Detected" or'U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 i \ 1 �4 w 21 5-7 North Carolina Division of Water Resources Water Sample Collection & Submittal Central Laboratory (Water Sciences Section) Form AC27148 md., 3 S Lisp S,r 2— L 64414". CO'd 6%4 �rlt Aij E]Ambient ❑Routine 1�ac.mpliance COC Oenierg.nc EICA aterN -wT`O l_k-,7 River StreamLake Surface ElEstuary Ocanot ❑Flstormwater OGround ElMunitoring Well OWater Supply Waste ❑[:]Eff lue-1 [Dinfluent E:]F�elcl Blank 0 Blank [:]Trip Blank OF Iter Blank 05olution []Other: .- A4MWXRe&n 'PimE RE fow 1140K §22 M-dZy"L §F& lei, i �a _IP7 z9K 46 Met if- ❑ d Delivery I , I Other: Hater. PMt TiMe'- na, IM,❑ 2 ❑ Chlorinated E:]De-chlorinated in Field sffimpfirlgA�, Grab LjComposite Methadyp Other, �tj 7"dimpoerawtv AMvul� A jvj Di!�s.I,.d analysis: Enter "CIS" El Filtered in Field parameters in check -boxes for "..ron r (n) g� Tin (5n)MBAS Acidity, as CaCO3, to pH 4.5/8.3 ing/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (AI) lig/L Titanium [Ti) R/L Alkalinity. as CaCO3, to pit 4.5/8.3 rng/L Phenols, total Recoverable PSA Antimony jSb) Vg/L Vanadium (V) pt/L 1300: akochemicai Oxygen Uemand, 5-day mg1L Residue: Total [Total Solids) mg/L Arsenic (As) lig/1- Zinc (Zn) jig/L cBOD� Carbonaceous 80D, S-day me/L Residue: Volatile/Fixed, Total mg/L barium (8a) POL Coliform: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pe/L Boron (13), Total kglL Coliform: Total MF /1001711 Residue: Volatile/fixed, Suspended mg/L Cadmium (Cd) pg/L I Mercury 1631, low-level ng/L Coliform: Tube Fecal /loorn[ TDS - Tota I Dissoived Sohds mg/L Calcium (Ca) mg/L Coliform: Tube Total 1100ni1 Silica mg/L Chromium (Cr), Total pg/L 5pedfic Conductance, at 25 *C urnhos/rm Sulfide mg/L Cobalt (Co) Pg/L Acid Herbicides TOC - Total OtgavicCaftion mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organochlorine Pesticides Turbidity NTU Iran (Fe) t pa/L -OrgarionitTien Pesticides Lead (Pb) WSA Organophosphorus Pesticides S.U. Lithium (LI) Wg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 • by titration mg/L Magnesium (Mg) mg/L Chloride mg/L Manganese (Mn) P9/L Semi -Volatile Organics (ONAs) Fluoride mg/L mercury (Hg) pg/L TPH Diesel Range Sulfate mg/L S Molybdenum (Mo) Chlorophyli a- P911. Ammonia as N (NH3-N) mg/L Nickel (Ni) pg/L Volatile Organics (VOA) Color: ADM! C.U. '\4 Nitrate -Nitrite as N (NO3+NO2-N) mg/L I Potassium (K) m9i'l- Color: Platinum Cobalt C.U. Total Kjeidahl Nitrogen as N (,rKN) mg/L Selenium (Se) POA TPH Gasofine Range COD: Chemical Oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) Pg/L Cyanide, Total mg/L )Nitrite as N (NO2-N) me/L Sodium (Na) mg/L Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) PdA Phytoplankton /Algae Hexavalent Chromium (Cr64) mg/L Orthophosphate as P (PO4) mg/L Thallium (TI) Pg/L LAB COMMENTS: tSy,/4g A- N;4yx(,g — V)., saftfle, jw syj)ojl� Revision; AC27147 North Carolina Division of Water Resources Water Sciences Section Laborato Results Loc. Descr.: County: Region: River Basin Emergency COC Yes/No MELVIN BROS, UP STREAM BLADEN Collector: S GUYTON VisrtlD FRO Report To FRO Location ID: FROSPNLC LBR50 Collect Date: 0310912016 Priority COMPLIANCE Collect Time: 14:30 Sample Matrix: SURFACEWATER Sample Depth Loc. Type: RIVERISTREAM Final Report Sample 1D: AC27147 PO Number # 16W3456 Date Received: 03/1012016 Time Received: 0a_05 Labworks LoginlD MSWIFT Delivery Method NC COURIER Final Report Date: 3128116 Report Print Date. 03/2812016 If this report is labeled preliminary report: the results have not been validated. Do not use for Regulatory purposes. Resultl Units Method Analysis CAS # Analyte Name PQt. Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 2.8 °C 3/10116 MSWIFT MIC BOA, 5-Day in liquid 2.0 48 mg/L SM 5210 B-2001 3111116 ESTAFFORDI NUT NH3 as N in liquid 0.02 0.05 mg/L as N EPA 350.1 REV 2 3116f16 CGREEN NO2+NO3 as N in liquid 0.02 8.4 mg1L as N EPA 353.2 REV 2 3/16116 CGREEN Phosphorus total as P in liquid 0.02 0.91 _ mg/L as P EPA 365.1 REV 2 3117116 CGREEN Total K]eldahl N as N in liquid 0.2 4.9 mg/L as N EPA 351.2 REV 2 3/15116 CGREEN WSS Chemistry Laboratory— 1623 Mall service Center, Raleigh, NC 27699.1623 (919) 733-3908 "Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the POL. Page 1 of 1 , pp C/7 7S ,03 North Carolina Division of Wif6i Resources t4a Water Sample Collection &Submittal Central Laboratory (Water Sciences Section) Form t AC2 7147 to C d �7 L MI/ I]Ambient fbq�s 01. -7, i ;��"Tfbq�sg M". Surface LjEstuary Ejcanal IlRoutine ❑510rmwater ner State at 1� St S _."�'Delivery d !,o r�,,,ompllance ❑EIGround ❑Elivionito(ing well Elwater Supply Notes. r E] COC E)Waste E:]Effluenl Dinfluent E30ther. El Emergency Blank E]Fjeld Blank ❑ElTrip Blank ❑ Chlorinated nDe-chlorinated in Field W Grab I �Gomp�osite n0ther: a,a []CIA ElSolution ❑F I I ter B f a n k 00ther: ❑ Filtered in Field lOissolved analysis: Enter "DIS' in r-hock-boxes for parameters t, Q'7�;:Mlcirbblblogry Pararrietus' MBAS (surfactants) rngll. i,�,:%!MetaWPzrirne Tin j5nj pg/L Acidity, as CaCO3, to pH 4.5/8.3 MFIL Oil and Grease, HEM, Total Recoverable mg/L Atuminum (Al) pg./L Titanium (Ti) pg/L Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenols, Total Recoverable pp./L Antimony (5b) lig/L Vanadium (V) WVL N,J BOO: Biochemical Oxygen Demand. 5-day mg/L Residue: Total (Total Solids) mg/L Arsenic (As) pg1l. Zinc (Zn) Vg/L! c9GD: Carbonaceous ROD, 5-day mg/L Residue: Volatile/Fixed, Total mg/l. Barium I Rai) pg/L Coliform; Fecal MT /loom[ Residue: Suspended (Suspended Solids ) mg/L Beryllium (Be) pg/L Boron (8), Total Coliform: Total IVIF /100ml Residue: Volatile/Fixed, Suspended mg/L I Cadmium (Cd) pg/L Mercury I531, low-level ng/L Coliform; Tube Fecal /looml TD5 - Total Olssolved Solids mg/l. Calcium (Ca) mqIL CoJiform: Tube Tota I /100ml S01ca mg/l, Cnromium (Cr), Total PgIL .:,D;Oigahfcs P Specific Conductance, at 2S 'C urnhos/rm Sulfide mg/L Cobalt (Co) Pg/L Acid Herbicides TOC -Total Organic Carbon mg/L Tannin 8, Lignin mg/l. Copper (Cu) pg/L Organochlorine PesiticIdes Turbidity NTU Iron (Fe) Pa/L — Organooltroeen Pesticides Lead (Pbl VOL Organophosphorus Pesticides �.4tf. Wet pH SAL Lithium(Li) pFJL PCBs (polychtorinated biphenyls) Bromide mg/t Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) ma/L chinride mg/L Manganese (Mn) Wg/L Semi -Volatile Organics (BNAs) Fluoride mg/L Mercury (Hill WgIL TPH Diesel Range 5uJate mg/l. N `,Nutrients Paihiniters; 11 r Molybdenum (Mo) Wg/L Chlorophyll a P9/L Ammonia as N {NH3-N) mg/l. Nickel (NI) pg/L Volatile Organics (VOA) Color: ADM( Nitrate-Nitrite as N (NO3+NO2 -N) mg/L Potassium (K) mg/L Color Platinum Cobalt c�u Total Kjeldahl Nitrogen as N (TKN) mg/L Selenium (Se) lig/L TPH Gasoline Range COD: Chemical Oxygen Demand mg/L -s Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Totat mg/L i,(' Nitrite as N {NO2-N) mg/l. Sodium (Na) mg Blicilditcaff Formaldehyde mg/l. Nitrate as N (NO3-N calculated) mg/l. Strontium (Sr) Ivig/L Phytoplankton / Algae Hexavalent Chromium (Cr64.) mg/L Orthophosphate as P (PO4) mg/l. Thallium (TI) UgIL _1 all w ILA -56 North Carolina Division of wifIFFResources Water Sample Collection & Submittal Form AC27147 Central Laboratory [Water Sciences Section) n r% (o ' Date 'Received: "N' g�u4 -filon .. a� I XZ r�v fgRlver/5trearr D'a"', Lake 7j..7 caun ElArnbiertt EIRioutine Su rfa ce olistuary Canal. 05tormwater 't Received By- Du []Delivery KCompllance DGround Divionitoring Well []Water Supply Notes: �d ❑CDC Owaste 0 Blank DEfflient E—Influ ent [:]Field Blank E]TrJp Blank Othelr� ❑ Chlorinated [�Qe-chlorinated in Field Grab Composite L j6mergency E1c.A Solution Filter Blank 00ther� ❑El rKi &n ❑ Filleted in Field Dissolved analysis: Enter "DIS" ;gym011,F, "Dot h'. in check -boxes for parameters I M C ib'mm eii &'15� -.'Micibbibldiiii. Piiranrieters` M BAS {surfactants) mg/L Tin (Sri) Acidity, as CaCO3, to pH 4.5/8.3 mg/l. Oil and Grease, HEM, Total Recoverable mg/L Aluminum (At) pg/L Titanium (Ti) lig/L Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenols, Total Recoverable Pg/l. Antimony (5b) pill./I Vanadium (V) wg/L BOD: Biochemical Oxygen Demand, 5-day mg/L Residue: Total (Total Solids) mg/L Arsenic (As) pg/L tric (Zn) Vg/L c5-M Carbonaceous 600, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) Vg/L Colilorm: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) Vg/L Boron (B), Total WL Coliforrn: Total IVIF Momi Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level ng/L Wiform: Tube Fecal /loom] TD5 - Total Dissolved Solids mg/L Calcium (Ca) MR& Colifofm; Tube Total /100ml Silica mg/l. Chromium (Cr), Total Pg/L Specific Conductance, at 25 'C UmhQ5/cm Sulf1de mg/l. Cobalt (Co) pg/L 'Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organ0chlorine Pesticides Turbidity NTU Iron (Fe) pg/L Organonitrogen Pesticides Lead (Pb) Pg/L_ Organophosphortis Pesticides Wet r pH 511,11 Uthium (Ul PRA PCBs (polychlorinated biphertyls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) Chloride mg/L Manganese (Mn) pg/L Serni-VolatIle. Organics (BNAs) Fluoride mg/L Mercury (Hg) pg/L TPH Diesel Range Sulfate mg/L paiam fileii..I! Molybdenum (Mo) pg/L. Chlorophyll a Pg/L Ammonia as N (NH3-N) mg/L Nickel (M) pg1l. Volatile Organics (VOA) Color; ADMI c.u. Nitrate -Nitrite as N (NO3,NO2-N) mg/L Potassium (K) mgIL Color Platinum Cobalt C.U. 'N Total Kfeldahl Nitrogen as N JTKNJ mg/L Selenium (Se) PgIL TPH Gasoline Range COD: Chemical oxygen demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Total mg/L Ai Nitrite as N (NO2-N) MR/L. Sodium (Na) IL Formaldehyde mg/L Nitrate as N (NO3-N calculateclj mg/L Strontium (Sr} P29H Phytopiankton / Algae Kexavalent Chromium (CrE4-) mii/t, Orthophosphate as P (PO4) mil/L Thallium (TI) AC27146 North Carolina Division of Watcr Resources Water Sciences Section Laboratory Results Loc. Deser.: MELVIN BROS CONFLUENCE TO STREAM County: BLADEN Collector: S GUYTON VisitlD Region: FRO Report To FRO Location ID: FROSPNLC River Basin LBR50 Collect Date: 0310912016 Priority COMPLIANCE Emergency Collect Time: i MOMO Sample Matrix: SURFACEWATER COC Yes1No Sample Depth Loc. Type: R1VERISTREAM Final Report Sample ID: AC27146 PO Number# 16W3455 Date Received: 0311012016 Time Received: M9 Latmorks LoginlD Delivery Method NC COURIER Final Report Date: 3128116 Report Print Date: 03i2612,01¢ if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Units CAS # Analvte Name PQL Qualifier Reference Date Validated by tAS Sample temperature at receipt by lab 2.8 °C 3110116 MSWIFT miC BOD, 5-Day in liquid 2.0 96 mglL SM 5210 B-2001 3111116 ESTAFFORDI NUT NH3 as N in liquid 0.02 22 mg1L as N EPA 350.1 REV 2 3116116 CGREEN NO2+NO3 as N in liquid 0.02 1.8 mg/L as N EPA 353.2 REV 2 3116116 CGREEN Phosphorus total as P in liquid 0.02 •2.3 r' mg1L as P EPA 365.1 REV 2 3/17/16 CGREEN Total Kjeldahl N as N In liquid 0.2 28 mg1L as N EPA 351.2 REV 2 3115115 CGREEN WSS Chemistry Laboratorys> 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 'Not Detected' or'U' does not indicate the sample is analyte free but that the analyte is not detected at or above the POL. Page 1 of 1 ca M Cn iC C-0 CO3 t= co n North Carolina Division of Water Resources Visk Im Central Laboratory (Water Sciences Section) Water Sample Collection& Submittal Form pl�ion Ij r AC27146 L6ca6.on]bescriptIi6rr.,.l A(ZAV, Locda:il" Code ei'., t 7'al -Ah P rle ap-t4calLm nate cc ive rm cou ril co Hector. Al& Y,-- z;' toc'a—tion Type-:, WR p fflc6:.: DAmbient &River��tream Lake -"Me Recelv.e� Z- Surface Oftlu.ry E]Canal EIR(jutine FIstormwater Received NCompliance E]Ground El Monitoring Well 0 Water Supply• la e Courier lVates., rime, i*llveiy Methoa.,61 ❑Ha Delivery coc FDinfluent ❑ Waste []Effluent :>her: ❑ ChlorinatedLIDe-chlodnated in Field ia4Ung;--. -1 Grab L-]Comp es4te E]Emergency EFIeld Blank D81ank Drip Blank IV Dissolved Ived analysis: Enter"DIS' Method: tnOther: E]Filter Blank Temperature C). I tJ Filtered in Field S07;ii;D epth-q [--JQA OSolution 00thec in check -boxes fDr parameters . Comments; r MicibblologV. Parameters: . '.1 MBAs (surfactants) mg/L .,,*.MetaN Pairametem, Tin (Sn) Acidity, as CaCO3, to PH 4.5/83 rrigll- Oil and Grease. HIM, Total Recoverable mg/L Aluminum (Al) pg/L Titanium (Ti) M/L Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pC/L Vanadium (VI Pg/L �T SOD: Blochem"J G-Wen Demand, 5-day mg/l, Residue: Total (Tofal Solids) mg/L Arsenic (As) lig/t Zinc (Zn) c500: Carbonace OLS BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) pg/L Conform: Fecal MF /:00ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) Up/t Boron (8), Total 4g/L Coliform: Total MF /ioomj Residue: Vaiatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level] ng/L Callform: Tube Fecal /100ml TDS -Total Dissolved Solids mg/L Calcium (Cal m911- Coliform: Tube total /100ml Silica mg/L Chromium (Cr), Total pg/L organics Parameters: Specific Conductance, at 25 'C umhes/cm Sulfide ME/l. Cobalt (Co) pg/L Acid Herbicides TOC, Total Organic Carbon mg/L Tannin 9 Lignin mg/L Copper (Cu) Pg/L OrganDchiorine Pesticides Turbidity NTU Iron (Fe) PgA Organonitragen Pesticides Other PafaMetPr%..'JV--)'.`- I Lead (Pb) pg/L Organaphosphorus Pesticides Wet Chemistry Parameters:. pH 5 U. Lithium (U) PgA PCBs (polychlorinated bipheny.ls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) rn g/L Chloride rr,g/t Manganese (Mn) pg/L Semi -Volatile Organics (9NAs) Fluoride mg/L Mercury (Hg) Wg/L TPH Diesel Range Sulfate mg/L *s Nutrients Parameters . Molybdenum jMoj Pg/L Chlorophyll a pg/L '14 Ammonia as N (NH3-N) mg/L Nickel (Ni) �R/L Volatile Organics (VOA) Color: ADMI C.U. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) mg/L Color: Platinum Cobalt C- U. Tatai KieldahJ Nitrogen as N (TKN) mg/L Selenium (Se) pg/L TPH Gasohne Range COD: Chemical OKwen Demand mg/L Total Phosphorus as P UP) mg/L Silver (Ag) Pg/L Cyanide, Total mg/1-0 "S�>'Nltrite as N (NO2-N) mg/L Sodium (Na) mg/L •SlologliEal: Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) pg/L PhytoplanktGnAlgae Hexavalent Chromium (Cr6+) mg/l. Orthophosphate as P (PO4) mg/L Thallium (TI) pg/L LASCOMMENTS: �J4( ;4T ov :WaterT6.';-: ers ption H (S [7FI;id '46"-' all cc P :u D;ls'sN' iid xygen ppr North Carolina Division of Water Resources Tag Central Laboratory (Water Sciences Section) Water Sample Collection& Submittal Form F-VpIsivi'?7�111-111j� ." 7'�r AC27146 L6ccrrionbescriptl"j melt, -7 Locdtlon Code:{ tRlh PKt-c AAI U4. -;t DateR celved.' ..County: co — 4�0 'PrIorifey. Loccittion TYPE-:. -.31L . . DWR �Rjver/Str.arn Lake Time Received.' D wR'R egion::" - ! -�o6uiirV � '441 lw-�91CAIW-IIA AW''c? ElAmblent Surface DEstuary [—]Canat - 311 EIRautine Iz EIStarmwater CO 0&ciund [DIMonhoring Well OWater S Supply tale Courier Notes: Ti�' Az ,Compliance �Deffwm:f�ci)ii:Z. . J OHa Delivery H a El coc 0 Waste []Effluent (DInfluent i'.; 010ther: n Chlorinated ElDe-chlorinated in Field si. Grab LComposite P9Other: E]Cm,rgLncy Ej Blank CDField Blank [:]Trip Bfank Dissolved analysis: Enter "DIS" lE OFilter Blank Temp4ii6fure f'C.)., Filtered in Field 54'Veoth. CQA ESolution 00ther;in check-bqxes fur Parameters TCbffect or'sComments: r MIcr.bblologV.Parameteis: MBAS (surfactants mg/L --4,MetA Parametieirs'. Tin (Sn) pg/L Acidity, as CaCO3, to pH 4.5/8.3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (Al) pg/L Titanium (Ti) pg/L Alkalinity, as CaCC3, to pH 4.518.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pg/L Vanadium (V) pg/L BM Biochemical oxygen Demand, 5-day mg/L Residue: Total (Toto[Soflds) mg/L Arsenic (As) pS/L Zinc (Zn) Pg/L cBOD: Carbonaceous 1301), 5-day mg/L Residue: Volatile/Fixed, Total mStL Barium 113a) pg/L Coliform: Fecal MF /200m) Residue: Suspended (Suspended Solids) mg/L aeryllium (Be) pg/L Baron (B), Total WL Coliform: Total MF /100ml Residue: Volatile/Fixed, Suspended mg/L I Cadmium jCdj pg/L Mercury 2631, iow.level ng/L Coliform: Tube Fecal /100ml TOS - Total Dissolved Solids mg/L Calcium (Ca) rnglL calliorm! Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L 3 Organics Parameters: Specific Conductance, at 25 'C umhc%icm Sulfide mg1L Cobalt (Co) pg/L Acid Herbicides TUC - Total Organic Carbon mg/L Tannin & Lignin mg1L Copper (Cu) pg/L OrKanochlorine Pesticides I urbichty NTU Iron (Fe) pg/L Organonitrogen Pesticides Other Parameters;'X:'--- I lead (Pb) pg/L Organ ophosp horu s Pesticides Wet Chemistry parameters:, ph S.U. Lithium (Lit pg/L PCBs (polychlorinated biphenyls) Bromide mg1L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) rnqIL Chloride mg/L Manganese (Mn) 09/1- Semi -Volatile Organics (ONAs) Fluoride mg/L Mercury I Hg) pg/L TPH Diesel Range Sulfate mg/L N Nutrients Parameters: % .7 Molybdenum (Nip) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) MEIL Nickel (Ni) pg/L Volatile Organics (VOA) Color ADMI 4;. U. IV Nilrdle-Nitrite as N JN03+NO2-Nj mg/L Potassium (K) mg1t. Color: Platinum Cobalt C.U. Total Kjeldahl Nitrogen its N (TKN) mg/L Selenium (Se) HRIL TPH Gasoline Range COD: Chemical oxygen Demand mg/L Total Phosphorus as P(TP) mg/L Silver (Ag) P91L —7 Cyanide, Total mg/L 9— Nitrite as N (NO2-N) mg/L Sodium (Na) rnqIL - Olalcglcaft Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) pgJL Phytoplankton Igae Hexavalent Chromium jCrG+) mg/L I Orthophosphate as P IP041 mg/L Thallium (TI) pg/L LAB COMMENTS 1J4ri4t 0',Aod'Te - no s,,-�14, m-o,3jiaji& Field Parameters(a6rian-00; etT.e�niPPH( i chdUalvify AC27145 North Carolina Division or Water Resources Water Sciences Section Laboratory Results Loc. Dew.: MELVIN BROS. 1ST INTO DITCH County: SLADEN Collector: 5 GUYTON VisitlD Region: FRO Report To FRO Location ID: FROSPNLC River Basin LBR50 Collect Date: 0310912016 Priority COMPLIANCE Emergency Collect Time: 15:14 Sample Matrix: SURFACEWATER COC Yes1No Sample Depth Loc- Type: RIVERISTREAM Final Repo Sample ID: AC27145 PO Number # 161043454 Date Received: 0311012016 Time Received: 08_05 Labwarks LoginlD MSV1I T Delivery Method NC COURIER Final Report Date: 3128/16 Report Print Date: 03128/2016 If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Ana_ lysis Units CAS # Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 2.8 °C 3110116 MSWIFT MIC BOD, 5-Day in liquid 2.0 550 mg/L SM 5210 B•2001 3/11116 ESTAFFORDI NUT NH3 as N in liquid 0.02 130 mgfL as N EPA 350.1 REV 2 3116116 CGREEN NO2+NO3 as N in liquid 0.02 2.9 mg1L as N EPA 353.2 REV 2 3A6116 CGREEN Phosphorus total as P in liquid 0.02 12 mg/L as P EPA 365.1 REV 2 3117116 CGREEN Total Neldahl N as N in liquid 0.2 160 mg/L as N EPA 351.2 REV 2 3)15116 CGREEN WSS Chemistry Laboratory» 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 'Not Detected" or "U' does not indicate the sample is analyze free but that the analyze is not detected at or above the POL. Page 1 of 1 h0w Z2 3. V O C c:2 ra RI: North Carolina Division of Water tResources iMihlt-M, :!- Water Sample Collection &Submittal Form Central Laboratory (Water Sciences Section) AC27145 7 orotlon :DescOptio A LID []Ambient Routine Compliance El CDC ❑ Emergency E)QA Surface I LIGround El Blank 05olution aton- Mver/Strearn ❑Lak e ClEstuary ❑Canal OStormwater ElMonitoring Well E]Water Suppiy ❑DWaste E]Effluent Elinfluent" EJF]eid BlankDiTrip Biank ]Fitter Blank FlOther: Z/A4,A%AX_' "'D -z rwrF []Had Delivery _]Other; Notes: ❑ Chlorinatea DDe-chlorinated in Field Grab LCOMPOSIte method: _ Other: Olssolved analysis: Enter "DIS" Filtered in Field ❑in check -boxes for parameters ampk Depth..., Coirrimin MBAS (surfactants) mg/L I .-: � I- _,ViUli'Rarametin�F. Tin (Sri) Pg/L Acidity, as CaCO3, to pH 4.5/8-3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (Al) Pg/L Titanium (Ti) pHIL Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenols, Tolai Recoverable lig/L Antimony (Sb) pa/L Vanadium (V) iLGIL BOD: Biochemical Oxygen Demand, 5-day mg/L Residue: Total (Total Solids) mg/L Arsenic (As) Vg/L Zinc (Zn) wit cBO[): Carbonaceous DOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) Pg/L ColiformT Fecal NSF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) P g/L Boron (B), Total lig/L CoVarm: Total MF /looml Residue: Volatile/Fixed, Suspended me/L Cadmium (Ccl) P g/L mercury 1631, low-level ng/L Catiform: Tube Fecal /100ml TOS - Total Dissolved Solids mg/L Calcium (Cal MgA- Caiiform; Tube Total /100m1 I Silica mg/L Chromium (Cr), Total Wg/L Pa6rwiieters-1s1 Specific Conductance, at 2.5 'C umhcslcm Sulfide mg/L Cobalt (Co) pg/L Acid Herbicides 70C - Total Organic Carbon -EA Tannin & Lignir mg/L Capper (Cu) W91L Organochlorine Pesticides Turbidity NTU Iran (Fe) Pg/L Organonitrceen Pesticides Lead (Pb) jjg/L Organophosphortis Pesticides r,X -Wet Cherrifstry Panimeterr.,,!, pH S.U. Lithium (U) Vg/L PCBs (polychlorinated biphenyls) 3rornide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) mg/L Chloride mg/L Manganese (Mn) pg/L SemkVolatile Organics (BNAs) Fluoride mg/L Mercury JHgj WRIL TPH Diesel Range Sulfate mg/L N Molybdenum (Mo) pg/L ChJorophyli a pg/L Ammonia as N (14143-hl) mg1l_ Nickel (Ni) pg/L Volatile Organics (VOA) Color. ADM I C.U. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (Kj mg/L Color: Platinum Cobalt C.U. Total Kjeldahl Nitrogen as N (TKN) mg/L Selenium (Se) pg/L TPH Gasoline Range COD: Chemicil Oxygen Demand mg/L \j Total Phosphorus as P (TR) mg/L Silver (Ag) Pg/L Cyanide, Total mg/L Nitrite as N JN02-N) mg/L Sodium (Na) mg/L Formaldehyde rngIC Nitrate as N (NO3-N calculated) mg/L strontium (5r) pg/L Phytoplankton / Algae Hexava1entChromium (Cr6+) mg/Li. Orthophosphate as P (PO4) mg/L Thalilum (TI) pg/L E-7- LABCOMMENTS; tjo 310/fv o,� North Carolina Division of Water Resources Water Sample Collection &Submittal Form Central Laboratory (Water Sciences Section) "'t"'An P!N�1D. � AC27145 -TI.&W 47 ncatl3'r 0.". trip 0 11,�1.7,� — —Ir to' P il oun, 6r"h 12, Vl� E]Ambient Dkoitine ria Compliance 0 Coc ❑CXA XSurface E]Ground D Waste Blank El Solution L m iver/Stream 'e Lak DEstuary Ocartal ❑Stormwater ElMonituring Well [:]Water 5u pply E]l E]Influent' EjFleld Blank ❑Trip Blank E]Fllter Blank F-10ther: I C4 6ryJ te offici` 7 Aute lr .6il OH'and Delivery 00thet: Notes: [—I Chlorinated E]De-chlorinated in Field Grab Ucol E It _9Other: Dissolved analysis: Enter"DIS' ❑ Filtered in Field in check -boxes for parameters t,; Szih�le Drell N - It -C t 5 3 Ml (surfactants) mg/ L ll Maill Tin (5l Acidity, as CaCC13, to pH 4.5/8,3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (AI) pg/L Titanium (TI) "A Alkalinity, as CaCO3, to PH 4.5/8.3 ml Ill Total Recoverable l Antimony (5b) p g/L Vanadium (V BOD: H,ochernical Oxygen Demand, 5-day mg/L Residue: Total (TotolSoflds mglL Arsenic (As) pg/L Zinc (Zrt) P9/L C60l Carbonaceous BOD, 5-day ml Residue: Volatile/Fixed, Total mg/L Barium Coliforin: Fecal MF /1010ml l Suspended (Suspended Solids) M81L Beryllium (Be) pg/L Boron l Total 4g/L Coliform: Total Mr /100mi l Volatile/Fixed, Suspended ml Cadmium (Cd) Mercury 1631, low-level ng/L Coliforrin: Tube l Ill TD5 - Total Dissolved Sol ml Calcium (Ca) rnglL Caiiforrn: Tube Total 110(irl sil mil Chromium (Cr), Total .:9,ft . r�oijl t4cs.."'. ill . Specific Conductance, at 25 *C umhos/cm Sul ml Cobalt (Co) PgA Acid Herbicide TOC - Total Organic Cal mg/L Tannin & Ul rl Copper (Cu) Wg/L Orgartocl Pesticides Turbidity NTU iron (Fe) V911, Organan4rogen Pesticides Olt Lead (Pb) Pg/L Organophosphorus Pesticides -Wet Chiiiinis" Parameters: V6 PK slul Lithium (Li) p g/L PCBs ipolychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) rill Cl mg/L Manganese ill pg/L Semi -Volatile Organics (al Fluoride mg/L Mercury (Hg) pg/L TPH Diesel Range Sulfate mg/L 'Y-N: Nutrients PiriMiteri:`, Molybdenum (Mo) pg/L Chlorophyll a PHA "I Ammonia as N (Nl mlil( l (Ni) pg/L Volatile Organics (VOA) Color: Al c.u. \I Nitrate-Nltrite as N (NO3+l ml Potassium (K) irl Color: Platinum Cobalt C.U. Total l Nitrogen as IN (TKN) mg/L Selenium (Se) P g/L TP h Gasoline Range COD: Chemical Oxygen Demand Tota! Phosphorus as P (TP) mg/L Silver Cyanide, Total mg/L % Nitrite as N Ill mg1L Sodium (Na} Formaldehyde M91C Nitrate as N {l calculated) rl Strontium (5r) pg/L phyt�-Pbrlkt-n / Algae Hexavalent Cl (Cf6+) mg/L Orthophosphate as P (PO4) mg/L Thal (11) pg/L I LAS COMMENTS: no JAmft, (4-0 -3110jjV ductiv1W,(pm os,cm �_t - :5 'jaInity il ,,,�waer'liernp. A :F'IC14 Pir t�Pwvgein [iiWl Analytical Costs for NC DWR Chemistry Lab Date 711116 The OFFICIAL COPY is the on-line version- All other copies are considered unofficial and uncontrolled h"://dm-nc-govtabmWdWisi r-reswrces/wateL7a=Lgpm-data&ater-scianoes4iome-O&QeJMiCrOWMAI]OMart Kz- branMtLuppries-technicakassL-4ance#Cost-oeL-Anah%is -MEDIUM;. PARAMETER walw"T -Sblicl*,. -Tissue Metals Aluminum (AI) $13.01 $39.03 $52.04 Antimony (Sb) $13-01 $39-03 NA Arsenic(As) $14-55 $43.66 $58.22 Barium (Ba) $13.01 $39.03 $52.04 Beryllium (Be) $13.01 $39.03 NA Boron (B) $13-01 $39-03 NA Cadmium (Cd) $13.01 $39.03 $52,04 Calcium (Ca) $13.01 $39.03 NA Chromium (Cr) $13-01 $39.03 $52.04 Cobalt (Co) $13-01 $39.03 $52.04 Cor (Cu) $13.01 $39.03 $52.04 Hardness by Calculation $0.00 MA NA Hardness by titrabon $16.30 NA NA Iran (Fe) $13-01 $39-03 $52.04 Lead Pb) $13-01 $39.03 $62,04 Lithium (Li) $13.01 $39.03 NA Magnesium (Mg) $13.01 $39.03 $52.04 Manganese (Mn) $13-01 $39.03 $52.04 Mercury (Hg) $24.02 $72.06 $96.08 Mercury by EPA Method 1631 (Hg) $63,04 NA NA MoWenurn (Mo) $13-01 $39-03 NA Nickel (Ni) $13-01 $39.03 $62-04 Potassium (K) $13-01 $39.03 NA Selenium (Se) $14.55 $43-66 $58.22 Silver (Ag) $13.01 $39.03 $52.04 Sodium (Na) $13-01 $39.03 NA Strontium (Sr)_ $13-01 $39.03 NA Thallium (To $13.01 $39.03 $52,04 Tin (Sn) $13.01 $39.03 NA Titanium (Ti) $13-01 $39-03 NA Vanadium M $13-01 $39.03 NA Zinc (Zn) $13-01 $39.03 $52.04 Microbiol ALKALINITY $11.64 BOD 5 DAY) $25-65 FECAL MF $22.69 TOTAL MF $21.14 SPECIFIC CONDUCTANCE $10.55 TOCIDOC $27.04 $108.15 TURBIDITY $9.99 Nutrients AMMONIA $15.12 NITRATE (calculated) $16.05 NITRATE + NITRITE - $18-69 NITRITE $14.64 MEDIUM PARAMETER: : Water . _Solid*. Tissue_ ORTHOPHOSPHATE $15.65 TOTAL KJELDAHL NITROGEN $20.48 TOTAL PHOSPHORUS $20.39 Wet-Chemi CHLOROPYLL a $34.73 COD $19.84 : z COLOR ADMI $46.26 COLOR Platinum Cobalt $13.52 CYANIDE $32.61 DISSOLVED SOLIDS $13.43 FORMALDEHYDE $38.11 HEXAVALENT CHROMIUM $27.66 Ion Chromo# rah (Bromide, Chloride, Fluoride, and Sulfate) $41.87 WAS $29.23 OIL & GREASE $37.80 $113.40 pH W58 PHENOL $25.54 SILICA $14.58 SULFIDE $16.10 SUSPENDED RESIDUE $12.85 Suspended residue -fixed $9.16 Suspended residue -vol $9.16 Tannin and Li nin $10.34 TOTAL RESIDUE $11.90 :-,'ORGANICPARAMETERS;'-.. Volatile 2Manics GC/MS Volatile O anics $115.33 $346.00 Gasoline Range Organics PH $57.94 $173.81 Semivolatile Or nics GCIMS SemiVolatile Organicsl$23.18 For extraction $25124 GC/MS SemiVolable Organics/$69.53 For extraction $753.72 Diesel Range Organics PHDRO /$23.18 for extraction $84.33 Diesel Ran e Organics (TPHDRO)/$69.53 for extraction $252.98 Pesticides Or anochlorine Pesticides/$23.13 for extraction $130.56 Or anochlorine Pesticides/$69,53 for extraction $391.82 Or anonitro en Pesticides $138.33 Or anonitro en Pesticides $414.99 Organophosphorus Pesticides $140.74 Or ano hosphorus Pesticides $42222 Acid Herbicides/$23.18 for extraction $164.56 Acid Herbicides/$69.53 for extraction $493.66 PCB's /$23.18 for extraction $124.15 PCB's /$69.53 for extraction $372.44 Solid includes sediments, soils and sludge(residuals) Water Resources ENVIRONMENTAL QUALITY RECEIVED DEQIDWR Nov 3 0 2016 WQROS FAYETTEVILLE REGIONAL OFFICE November 23, 2016 CERTIFIED MAIL - #7015 1520 0000 7838 4207 RETURN RECEIPT REQUESTED Byron Melvin Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337-8337 Dear Byron Melvin: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY Zf MMERMAN SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 09-0044 Bladen County Enforcement File No. PC-2016-0070 Director This letter transmits notice of a civil penalty assessed against Byron Melvin in the amount of $180.00, and $123.00 in investigative costs, for a total of $303.00. This penalty amount is in addition to the overdue annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount of $360.00. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR State of Nonh Carolina I Environmental Quality I Water Resources Water Quality Regional Operations Section 1636 Mail service Center I Raleigh. North Carolina 27699-1636 919 707 9129 qW Assessment of civil penalty Byron Melvin Enforcement # PC-2016-0070 Page 2 of 4 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS I43B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. Assessment of civil penalty Byron Melvin Enforcement # PC-2016-0070 Page 3 of 4 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Payment of Overdue Fees In addition to the civil penalty amount stated above, you are still responsible for paying the overdue administering and compliance fees owed to the DWR regardless of which option you chose fiom above. According to our records, you owe the following overdue administering and compliance fees to date: Invoice Number Due Date -Outstanding Fee ($ 2015PR005116 7/5/2015 360 Please remit payment made payable to the North Carolina Department of Environmental Quality in the amount of $360.00. Please mail this payment in a separate check to: Division of Water Resources Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Assessment of civil penalty Byron Melvin Enforcement # PC-2016-0070 Page 4 of 4 Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this letter will result additional civil penalties for continuing violations. Each day of a continuing violation may be considered a separate violation subject to a 525,000.00 per violation per day penalty. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, /On d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Selinda.Henson,_Faye�tteville WQROS_Regional,Supeiyisor w/ attachme_n_tV File # PC-2016-0070 wl attachments WQROS Central Files wl attachments Bladen County Health Department STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF BYRON MELVIN FOR VIOLATIONS OF ANIMAL WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 AND 15A NCAC 2T .0105(e)(2) NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FILE NO. PC-2016-0070 } } FINDING AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Byron Melvin owns and operates Melvin Bros Farms, LLC, a Swine animal feeding operation in Bladen County. B. Byron Melvin was issued Certificate of Coverage AWS09004 under General Permit AWG100000 for Melvin Bros Farms, LLC on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. 15A NCAC 2T .0105(e)(2) states in part that "An annual fee for administering and compliance monitoring shall be charged in each year of the term of every renewable permit according to the schedule in G.S. 143-215.3D(a)_ Annual fees must be paid for any facility operating on an expired permit that has not been rescinded or revoked by the Division. Pernuttees shall be billed annually by the Division." D. The following table provides a history of unpaid invoices sent by DWR Budget Office to Byron Melvin for the annual administering and compliance fees of said Permit: Invoice Number Due Date utstanding Fee ($ 2015PR005116 7/5/2015 7 360 E. On September 21, 2016, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued to Byron Melvin, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual administering and compliance fee within thirty days of being billed by DWR. F. The NO V/NOI was sent by certified mail, return receipt requested and received on September 26, 2016. G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been paid. H. The cost to the State of the enforcement procedures in this matter totaled $123.00 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW. - A. Byron Melvin is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. Byron Melvin violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering and compliance fee within thirty days of being billed by the Division C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 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: III. DECISION: Accordingly, Byron Melvin is hereby assessed a civil penalty of 1 UC)4` $123.00 $ 3v "j For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering and compliance fee for 2015. TOTAL CIVIL PENALTY which is authorized by N.C.G.S. 143-215.6A. Enforcement costs TOTAL AMOUNT DUE percent of the maximum penalty Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282. I (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. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed- V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Byron Melvin, in accordance with N.C.G.S. 143-215.6(A)(d). P 63 /It (Date) Jon aard, Chief W r Quality Regional Operations Section Division of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Byron Melvin County: Bladen Case Number: PC-2016-0070 Permit Number: AWS090044 ASSESSMENT FACTORS 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; None. 2) The duration and gravity of the violation; To date, the permittees has failed to pay the following overdue annual administering and compliance fees: Invoice Number Due Date Outstanding ELL] 2015PR005116 71512015 360 3) The effect on ground or surface water quantity or quality or on air quality; Unknown. 4) The cost of rectifying the damage; The total overdue annual administering and compliance fees are $360.00. 5) The amount of money saved by noncompliance; By not paying the annual administering and compliance fees, the permittees saved a total of $360.00. 6) Whether the violation was committed willfully or intentionally; The circumstances that resulted in the failure to pay the annual administering and compliance fees during their original billing cycle are negligible. However, the permittees were issued a Notice of Violations (NO P)for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the NOV is both willful and intentional. 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 March 2016 — NOV for discharge detected during inspection May 2016 — NOD for freeboard violation September 2016 -- NOV — for failure to pay annual fee for 2015 $) The cost to the State of the enforcement procedures. $123.00 i Date Jon �Obard rev 1.0 - $.31.04 STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BYRON MELVIN PERMIT NO. AWS090044 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2016-0070 Having been assessed civil penalties totaling $303.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, November 23, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE Signature 2016 JUSTIFICATION FOR REMISSION REQUEST APS Case Number: PC-2016-0070 County: Bladen Assessed Party: Byron Melvin Permit No.: AWS090044 Amount assessed: $303.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil pgnafty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director March 29, 2016 CERTIFIED MAIL 7012 3050 00019398 9854 RETURN RECEIPT REQUESTED Mr. Byron Melvin III 4912NC87W Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2016-DV-0124 Melvin Bros Farms LLC Facility No. 0944, Permit No. AWS090044 Bladen County Dear Mr. Melvin: On March 9, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations inspected the Melvin Bros Farms LLC and the permitted waste disposal system. We wish to thank Mr. Melvin who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have anon -discharge permit for the subject animal waste. disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent discharge of waste to surface waters of wetlands. N.C.G.S. 143-215.10C - (Permit No. AWS090044 Section Conditions I 1 and 12). On March 9, 2016 DWR staff were passing by your farm and noticed possible malfunction of your waste application system. After contacting you and your farm manager a site visit was conducted and documented that a hose had broken and caused ponding. After waste was contained by your manager it was documented that a drain the in the field was causing a discharge into the adjacent ditch. Required Corrective Action for Violation 1: Recover as much waste as possible from the field and ditch. Contact Bladen County MRCS/ Soil and Water for help in the location of all drain tile on this farm. Location of all discharge point into the diches should be monitored during and after all spray events. State of North Carolina j Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Mr. Melvin March 29, 2016 Page 2 The upstream water sample in the ditch (above the discharge point) did not meet water standards. To determine if the waste has been recovered and that no unknown discharge point exist the DRW request that you monitor the water in the ditch that received the discharged waste (section III 10 of your permit). The sample shall be analyzed for the minimum parameters set forth in section III f of your permit. The results shall be submitted to the DWR when completed. Violation 2: Failure of the OIC or person under the supervision of the OIC to inspect the land application site as often as necessary to insure that no waste is discharged. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways. (Permit No. AWS090044 Section II 17) On March 9, 2016 DWR staff were passing by your farm and noticed possible malfunction of your waste application system. It was documented that your farm manager and yourself were not on site during this time of the application event. DWR staff were able to contact the farm manager's wife, and she was able to cut the pump off and stop the spray event. Site inspection documented a broken hose and a drain tile that was discharging into a ditch. Required Corrective Action for Violation 2: Remove or disable the drain the that was causing the discharge. If you have not already done so, recover as much waste as possible from the field and ditch and return to your lagoon. Maintain containments until the waste can be recovered and take all necessary steps to insure this violation does not reoccur. Record the volume of waste returned to the lagoon. Contact the Bladen Soil and Water for assistance in the location of the drain tile in your fields including all drain outlets. In the future, please have someone on site to observe the spray events and walk the application site to insure no waste is ponding or discharge of waste in accordance with your permit. The Division of Water Recourses requests that, in addition to the specified corrective action above, please submit the following items on or before April 30, 2016: 1. An explanation from the OIC for this farm regarding how this violation occurred. Include a detailed time line of when the spray event started, number of inspections and when your farm manager departed the farm. 2. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before May 31, 2016 and to provide a written response to this Notice by April 30, 2016. Please include in your Mr. Melvin March 29, 2016 Page 3 response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300. Sincerely, 1; I /► � �11 -1 �1* � Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield Fayetteville Regional Office WQROS files RECEIVED DEQIDWR JUL 11 2017 WQROS Water Resources FAYETTEVILLE REGIONAL OFFICE Environmental Quality July 7, 2017 Byron E. Melvin III Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337 ROY COOPER Goventor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director RE: Acknowledgment of Receipt of Payment Case No.: DV-2016-0083 Farm No.: 09-0044 Bladen County Dear Byron E. Melvin III: This letter is to acknowledge receipt of your check No. 2127 in the amount of $2208.65 on July 7, 2017. This payment satisfies in full the civil assessment in the amount of $2208.65 levied against Byron E. Melvin III and the case has been closed. If you have any questions, please call me at (919) 807-6340. Sincerely, W/;/j Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WQROS- Fayetteville Regional Office File# DV-2016-0083 WQROS Central Files (AWS090044) -"1--NoThing CcjmparCs':---- Slate of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh North Carolina 27699-1636 919-707-9129 RECEIVED DEQIDWR �y. DEC 01 2017 WQROS Water Resources FAYETTEVILLE REGIONAL OFFICE F.nvironmenral Quality May 15, 2017 CERTIFIED MAIL - #7016 2140 0000 0564 3579 RETURN RECEIPT REO VESTED Byron E. Melvin ill Melvin Bros Farms, LLC 4912 NC 87 W Elizabethtown, NC 28337 Dear Byron E. Melvin III: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Request for Remission of Civil Penalty Farm # 09-0044 Bladen County Permit No. AWS090044 File No. DV-2016-0083 In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and remitted $500.00 of the $2708.65 civil penalty assessment. The revised civil penalty is therefore a total amount of $2208.65, which includes $1458.65 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 11) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environmental' Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of- OR Miressa Garoma NC DEQ-DWR Anitiial Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 <�Nolhing Compares: -- state of Borth Carotin I Enviro=ertal Quality I Division of Water Resources Water Quality Regional Operldoos Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 r- Syron E. Melvin Enforcement # DV-2016-0083 Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa Garoma NC DEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, De ra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor File # DV-2016-0083 WQROS Central Files (AWS090044) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2016-0083 Region: Fayetteville County: Bladen Assessed Entity: Byron E. Melvin III Permit: AWS090044 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Mr. Melvin and his farm manager promptly abated the initial ponding of waste caused by the broken hydrant line. The ponded waste was contained by earthen dams and would not have reached the ditch by way of water ways. When the waste was observed coming from the subsurface drains Mr. Melvin promptly abated the flow of waste by digging up the ends of the drain tiles and blocking them off preventing any additional discharge. The following day Bladen Soil and Water (BS&W) was contacted to find out if the previous owner had BS&W design and sign off on the instillation of the drain tile. BS&W had designed the system but no documentation the system was installed BS&W did a site visit and discovered the previous owner did install the file using their design but did not use the correct file and was it not installed correctly. ® (c) Whether the violation was inadvertent or a result of an accident: Based on observation by DEQ Staff, the broken hydrant line (accident) would not have caused the violation because the ponded waste was contained before it could reach the ditch by way of surface flow. The violation most likely occurred from previous spray events due to the incorrect instillation of the drain file from the previous owner. This allowed waste to be drained directly to the ditch. Waste was observed in the ditch above gradient of the drain tile that was actively flowing waste, confirmed by water samples. The violation could be inadvertent because Mr. Melvin did not install the drain tile that caused the violation, but was negligent in not inspecting his spray fields and ditches during and after spray events. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission" 6?'-'�' (Enter Amount Remitted) I zL.1 rf. S. a erman Date rev 1.0 - 8.31.09 STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: BYRON E. MELVIN III ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number: DV-2016-0083 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My_presemation will be limited to discussion of issues and information submitted in my original remission request and beciuse no factual issues are in dispute, my presentation will be limited to five (S) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. + if you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipali and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE