090049_ENFORCEMENT_20171231

Webber Farms, Inc.
P.O. Box 1087
Rose Hill, NC 28458
June 1, 2004
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Subject: Notice of Violation
Lake Creek/Shadow Glen & Webber Farm
Facility No. 09-49
Bladen County
Dear Mr. Rawls:
�b
004
®WQ
This letter is in response to your letter of May 14, 2004 concerning the issue
referenced above. The information below is in response to your requests.
1.) We will continue to work diligently to comply with our permit and
certified animal waste management plan and avoid over application.
2.) The inspection of the sprayfield before and during applications has been
and will continue to be a part of our management program. In fact, these
inspections helped us to identify the issue in question and stop the
irrigation event. We will add emphasis on areas that require additional
attention.
3.) We will avoid this type of incident in the future by following our current
irrigation plan and as previously mentioned addressing compacted and/or
low areas with additional attention.
4.) We have already modified our application equipment by reducing the
orifice size which subsequently reduces the application rate and will
minimize the risk of ponding for more than four hours.
5.) The Operator in Charge for this facility is Santiago Vazquez. His
certification number is 19878.
Please feel free to contact me should you need further information or if you have any
questions or concerns regarding this response.
Sincerely,
San iso Vazquez

IkL�
May 14, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Webber Farms Inc.
PO Box 1087
Rose Hill, NC 28448
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATION
Lake Creek/Shadow Glenn & Webber Farm
Facility No. 09- 49
Bladen County
Dear Mr. Walker:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the
subject animal waste disposal system pursuant to 15A NCAC 214 .0217, you have been found to
be in violation of your 21-1.0217 Permit.
On May 6, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality
were conducting an aerial flight and observed an irrigation event at the above named facility. The
application equipment appeared to be applying wastewater onto standing water causing ponding
in low areas at the edge of the field. The subsequent follow-up visit that day revealed the presence
of standing wastewater more than four hours after the initial observations. The accumulation of
the wastewater/freshwater mixture along the field edge was the result of wastewater exiting the
field.. This could have been the result of saturated soils from earlier rains, ground impaction from
cattle, and a hydraulic loading volume too excessive for these conditions. Mr. Santiago had
noticed the problem and had discontinued the application. The waste had been prevented from
reaching surface waters by an earthen berm along the woods edge, but the potential for
detrimental environmental impacts were present. Corrective actions were discussed between
DWQ staff and Mr. Santiago. On 5/07/04 a follow-up visit was conducted and these corrective
actions had begun.
A.
WDENR
N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 [phone] Fax[phone] Customer Service
1-877-623-6748

Mr. Walker
05-14-04
Page 2
The Division of Water Quality requests that the following items be addressed:
I _ Avoid over application of waste either agronomically or hydraulically.
2. Inspect spray fields before and during irrigation to prevent application of waste onto
standing water and excessive ponding. Special emphasis should be placed on low-lying
sections of application areas where wastewater may collect and then runoff.
3. Write an explanation of how similar incidents will be avoided .'in the future.
4. Modify application equipment or spray procedures to prevent the spraying of wastewater in
volumes that result in standing wastewater for more than four hours and/or runoff.
Please identify the Operator in Charge who is responsible for this and all other waste
applications on this farm. Submit their name and certification number as it appears on their
certification to this office with the other requested information.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
Please provide this office with a written response on or before June 2 2004 as to the
actions taken or proposed to be taken to avoid this situation in the future. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley,
Environmental Specialist, or myself at [phone].
Si
Paul E. Rawls
Regional Water Quality Supervisor
WN-111TS 11 JR17
cc: Keith Larick - Compliance Group
Chris Bordeaux - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
C6!<l�
N. C. Division of Water Quality 225 Green Street -Shite 714 Fayetteville. North Carolina 28301 [phone] Fax[phone] Customer Service
1-877-623-6748

O�O� W AT �RpG
r
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Webber Farms Inc.
PO Box 1087
Rose Hill NC 28458
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Lake Creek/Shadow Glenn & Webber Farm
#9-49
Bladen County
Dear Sir or Madam:
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2 3 2000
On April 14, 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 September 8, 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
N ENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled 110% post -consumer paper
ht1pL1A2o.enr state.nc.us

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

High Freeboard Evaluation Form
Facility Name: _ Lake_ Cr It . 1 5 � . dow G l urr Facility Number: - N 4
Person Completing Form: L a r y !, 13 a I ey Date Form Completed: S,
Date Information Due to DWQ: Date information received - S- 0Z
Extension Due Date:
Information Received:
Current Freeboard Yes ✓ No Level(s) (in inches) a3 1�
Freeboard Levels for Previous 12 Months Yes ✓ No _ Incomplete
Spraying Records for Past 12 Months Yes ✓ No _ Incomplete
Rainfall Records For the Past 12 Months Yes _ No _ N/A _ Incomplete
Cropping and PAN Information Yes ✓ No _ Incomplete
Summary of Actions Taken to Restore the Needed Freeboard(s)
Yes -*" No Incomplete
Description of Water Conservation Measures In Use
Yes /No _ Incomplete
An updated POA if the Freeboard is still in Violation Yes— No N/A ✓
Detailed Description of Actions Taken or Proposed to be Yes ✓ No
Taken to Prevent Future Freeboard Violations Incomplete
Date High Freeboard Level Was First Reported to DWQ by Producer H - j y - O 3
Date of First Violation from Farm Records `i - 1;k-0-3
Items proposed in the Plan of Actions to Bring the Facility Back into Compliance
Pump and Haul Remove Animals Delay Restocking
Add Land to NMP Add Application Equipment
Spray when site is acceptable
q.,a4ev LLSe-
HFEF 5-12-03
✓ Others (Please Specify) Ree9t t b.

Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed)
Lagoon --,I— Storage Basin (Check as Appropriate)
Lagoon or Storage Basin Identifier ',.- �Naja0 W&Lhe.r
Design Total Days of Storage for the Facility (From CAWMP) Igo
Stop Pump Level for lagoons or the bottom of the storage basin (inches)
Lowest Liquid Levels Reported in the month of:
Month Date
August 8.31
September
October ID-t`t 10 -21 -
November P-23 ►!_tea
Required Minimum Freeboard (red zone in inches):
Level (in inches)
S k.-Ij
q1 is
3s 43 q��
34 29
33 3 a.
Does the Minimum Include a Chronic Rainfall Factor Yes
Recorded Freeboard Violations
Date
y -0-a3
Level (in inches) Date POA Submitted
HFEF 5-12-03 2
No
5 or 30 day

Facility PAN Balance From the CAWMP (pounds)
Did the Facility Comply with its NMP for the Past 12 Months Yes No
If No, What Violations Were Identified:
From the review of the facilities irrigation records, does it appear that the facility made
optimal use of the days when irrigation should have taken place. If not, please explain:
If the Facility has Installed Water Conservation Devices, what devices were installed and
when:
What Actions have been taken or proposed to be taken by the Facility to Prevent Future
High Freeboard Violations (check appropriate items):
Better Management of the System -1"'
Add Additional Storage Volume
Add Lagoon Covers
Add Additional Land Application Sites
Add Additional Irrigation Equipment
Install Water Conservation Equipment
Reduce the Number of Animal at the Facility
Change Type of Operation
Others (please explain):
k
HFEF 5-12-03 3

If applicable, recorded rainfall data from August 2002 through April 2003 at
Facility #
Month
Amount of rainfall
per month (fn inches)
# of days it rained
per month
August 2002
Out of 31 days
September 2002
Out of 30 days
October 2002
Out of 31 days
November 2002
Out of 30 days
December 2002
Out of 31 days
January 2003
Out of 31 days
February 2003
Out of 29 days
March 2003
Out of 31 days
April 2003
out of 30 days
Total Rainfall
Out of 274 days
Comments from Producer:
Comments by Reviewer: C`
P
HFEF 5-12-03 4

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A4
E)EHNR
DIVISION OF WATER QUALITY
June 17, 1997
CERTIFIED MAIL
REIM RECEIPT REQUESIED
W. Mike Leu
Murphy Family Farms
P. O. Box 759
Rose Hill, N. C. 28458
SUBJECT: NOTICE OF DEFICIENCY
Shadow Glen & Webber Swine Farms
Facility No. 0949, 09-51
Bladen County
Dear Mr. Leu:
On June 12, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection at Shadow Glen and Webber Swine Farms to determine compliance with
their certified animal waste management plan (CAWMP). At the time of the investigation our staff
confirmed that the facility had disked approximately IS acres of bermuda grass due to a poor stand
and was planning to replant to comply with the CAWMP. In addition, no waste analysis had been
collected or analyzed since December 1996. The Division of Water Quality may proceed with
additional actions against Shadow Glen and Webber Swine Farms, unless the following items are
addressed:
I . Immediately replant the required crop (coastal bermuda) per your Certified Animal Waste
Management Plan (CAWMP) in the spray application fields to allow for the application of waste at
agronomic rates.
2. Immediately collect a waste analysis sample to comply with the CAWMP and so adequate
records may be maintained of the waste application on the crop.
Wachovia Building, Suite 714, FayettevilleNil
�� FAX [phone]
North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10°,6 post -consumer paper

Page 2
Mr. Mike Leu
June 17, 1997
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please do not hesitate to contact me at (9 10)
486-1541.
Sincerely,
Robert Heath
Environmental Specialist
KTS/RFH
cc: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, Bladen County NRCS

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 14, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James B Walker
Webber I
350 Old White Hall Road
Ivanhoe NC 28446
Farm Number: 09-51
Dear James B Walker.
You are hereby notified that Webber I, in accordance with G.S. 143-215.1OC, must apply for
coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has
thirtY(30) days to submit the attached application and all supporting documentation. In accordance
with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date.
Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit the
application as required may also subject your facility to a civil penalty and other enforcement actions for
each day the facility is operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package. The
signed original application, one copy of the signed application, two copies of a general location map, and
two copies of the Certified Animal Waste Management Plan must be returned to complete the application
package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Permits and Engineering Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any question concerning this letter, please call J R Joshi at [phone] extension
363 or Ed Buchan with the Fayetteville Regional Office at [phone].
Si rely,
Fu/- A. Preston Howard, Jr., P.E..
cc: Permit File (w/o encl.)
Fayetteville Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX[phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

IInforl'hation contained in this database is from non agency sources and is considered unconfirmed.
Animal Operation Telephone Log
DWQ Facility Number _ g
Og
Date -14-2003
Farm Name Lake Creek/Shadow Glenn 8
Time
Caller's Name ISantiago Vazquez
Control Number 12647
0 Reporting 0 Complaint
Region JFRO
Caller's Phone #
Access to Farm
Lagoon Questions
Farm Accessible
Breached 0 Yes 0 No
from main road
10 Yes 0 No
Inundated 0 Yes 0 No
Overtopped 10 Yes 0 No
Animal Population
-.-
Water on 0 Yes 0 No
Outside Wall
Confined0
Yes 0 No
Dike Conditions 0 Yes 0 No
Depop
10 Yes 0 No
Feed Available
10 Yes 0 No
Freeboard Level
Mortality
10 Yes 0 No
Freeboard Plan Due Date Date Plan Date Freeboard
Inches (? equals blank) Received Level OK
Lagoonl1$.5/16/2003/17/2003
Sprav Availability
Lagoon2
PumpingLagoon3
Equipment
O Yes 0 No
Lagoon4
Available
Fields
0 Yes Q No
r�
Lagoons u �
Lagoon6
Mr. Vazquez reported by phone, will call back and keep DWQ updated.
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Comments2

r
)nforMation contained in this database is from non agency sources and is considered unconfirmed.
Animal Operation Telephone Log
DWQ Facility Number
Farm Name (Lake Creek/Shadow Glenn &
Caller's Name Santiago Vazquez
O Reporting O Complaint
Caller's Phone #
Access to Farm
Farm Accessible
from main road 10 Yes O No
Animal Population
Confined 10 Yes Q No
Depop 10 Yes O No
Feed Available O Yes O No
Mortality 10 Yes O No
Sprav Availabilitv
Pumping
Equipment
10 Yes O No
Inundated
Control Number
Available
Region
O Yes O No
Fields
Outside Wall
Date
-14-2003
Time
Inundated
Control Number
12647
Region
JFRO
Laeoon Ouestions
Breached
10 Yes O No
Inundated
10 Yes O No
Overtopped
10 Yes O No
Water on
O Yes O No
Outside Wall
Lagoon3
Dike Conditions
10 Yes O No
Freeboard Level
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(? equals blank) Received Level OK
Lagoon1
P116!2003
Lagoon2l___J
Lagoon3
lJ
Lagoon4
Lagoons
Lagoons
Mr. Vazquez reported by phone, will call back and keep DWQ updated.
a�
Paul Sherman
Comments2