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ENVIRONMENTAL Ot3ALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
South River Growers
South River Farm
230 Norwood Dr
Clavton, NC27527-7527
Dear Permittee,
PAT MCCRORY
(ir,rermr r
DONALD R. VAN DER VAART
Secrerrn-
S. JAY ZIMMERMAN
RECEIVEb-crar
Judy 8, 2016 DEQ/DWR
JUL 12 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
Subject: Notice of Deficiency
South River Farm
Permit Number AWS090056
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 ($)
2015PR000830
3/8/2015
180
2016PR00 1059
3/6/2016
180
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
-contd -
State of North Camlins I Fnvirrmmental Quality j Water Resrnaces Water Quality Regional Operations
1636 Mail service Center E Raleigh, North Carolina 27699-1636
919 807 6164
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 807-6464.
Sincerely,
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 AWS090056)
South River Growers
South River Farm
2028 SE HWY 210
Harrells NC 28444
Dear South River Growers:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 1, 2004
Alan W_ Klimek, P. E.. Director
Division of Water Quality
OCT 15 2004
OENR-FAYETII:VILLE REGIONAL OFACE
Subject: Certificate of Coverage No. AWS090056
South River Farm
Swine Waste Collection, Treatment,
Storage and Application System
Bladen County
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill
733 (Session Law 2003-28).
In accordance with your application received on January 16, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to South
River Growers, authorizing the operation of the subject animal waste collection, treatment, storage and
land application system in accordance with General Permit AWG 100000. The issuance of this COC
supercedes and terminates your previous COC Number AWS090056 which expires October 1, 2004.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the South River Farm, located in Bladen County, with an animal capacity of no
greater than an annual average of 2480 Feeder to Finish swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). if this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit.
Aquifer Protection Section — Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-3221 1 FAX: 919-715-0588 1Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
No hCarolina
Nawally
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning
this COC or the General Permit, please contact Duane Leith at (919) 715-6186.
Sincerely,
U
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Aquifer Protection Section
Bladen County Health Department
Bladen County Soil and Water Conservation District
Permit File AWS090056
APS Central Files
PRODUCER: ROBERT PRESTAGE
LOCATION:
HARRELLS
WASTE UTILIZATION PLAN
August 25, 1995
NC 28444
TELEPHONE: (910)532-2633
TYPE OPERATION: Feeder to Finish Swine
NUMBER OF ANIMALS: 2480 hogs design capacity
Fk V
PAGE 1
DEQ-fAYFPFVs.,.F+s+J-T;t
The waste from your animal facility must be land applied at a specified
rate to prevent pollution of surface 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 waste
is to be applied. This waste utilization plan uses nitrogen as the
limiting. nutrient. Waste should be analyzed before each application
cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on 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. Soil types are important as they have different infilitration
rates, leaching potentials, cation exchange capacities, and available
water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. with special pre-
cautions, waste may be applied to land eroding at up to 10 tons per
acre per year. Do not apply waste on saturated soils, when it is
raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM
regulations. Wind conditions should also be considered to avoid drift
and downwind odor problems. To maximize 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 to bare ground
not more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage require-
ments should be based on the waste analysis report from your waste
management facility. Attached you will find information on proper
sampling techniques, preparation, and transfer of waste samples to
the lab for analysis.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H.0217 adopted by the Environmental
Management Commission.
RECEIVED I DENIM r 0a v-
AgtiifP.f Protw'tir" lzeC:flon
APR 0 6 2009
WASTE UTILIZATION PLAN PAGE 2
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
2480 hogs x 1.9 tons waste/hogs/year = 4712 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
2480 hogs x 2.3 lbs PAN/hogs/year = 5704 lbs. PAN/year
Applying the above 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 for waste application based on
the crop to be grown, soil type and surface application.
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
BH
6.1
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW
1305. 1
14.5
11372.5
PER AC
AC
USED
frpR - ocr
2089
2
BH
6.3
4
APPLIC
JAYCOCK
1315 1
11260
AIPR-1-L - 8-f-
T ME
2089
1
WAGRAM.
BH
5.5
275
BH
3.0
825
4
11300
A -RA- 3'EP
I
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirments. Beginning in 1996 the Coastal Zone
Management Act will require farmers in some eastern counties of NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.
189
1 NORFOLK 0-2%
BH
6.1
1305. 1
14.5
11372.5
frpR - ocr
2089
2
BH
6.3
4
JAYCOCK
1315 1
11260
AIPR-1-L - 8-f-
YNA - OcT
2089
2 JGOLDSBORO
BH
6.5
1325 1
4
11300
4PR-££P
nAR - e7 of
2089WAGRAM
W
3
I
131
174.4
1223.2
Fes$ -MAR
2089NORFOLK
0-2o
74.4
JW
131
1
14.5
1334.8
-MAR
be -r -
e -T
2089
2089
AYCOCK
4
JW
131
174.4
1297.6
FSB -MAR
5cf,
2089
- GOLDSBORO
W
'
131
174.i7-4
1297.6
FEB -MAR
61--r-
TOTAL
5910.7
Indicates that this
field is being
overseeded.
NOTE: The applicator is cautioned that P and K may be over applied
while meeting the N requirments. Beginning in 1996 the Coastal Zone
Management Act will require farmers in some eastern counties of NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.
WASTE UTILIZATION PLAN PAGE 3
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(agreement with adjacent landowners must be attached)
(Required only if operator does not own adequate
land. see required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
HYBRID BERMUDAGRASS-HAY
DETERMINING PHASE
CODE
WHEAT
AW N
PER
ACRES
AW
PER AC
AC
USED
APPLIC
TIME
TOTAL
4 Indicates that this field is being overseeded. If overseeded small
grain is used for HAY, careful management is required to ensure that
small grain does not suppress coastal bermudagrass. This suppres-
sion could lead to loss of stand and result in less nitrogen being
utilized by coastal bermudagrass as a result of reduced yields.
* Acreage figures may exceed total acreage in fields due to
overseeding.
** lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
TOTALS FROM TABLES I AND 2
ACRES LBS AW N USED
TABLE 1 15.5 5910.7
TABLE 2
TOTAL 1 15.5
AMOUNT OF N PRODUCED'
*** BALANCE
5910.7
5704
-206.7
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
LBS N
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
50
W
WHEAT
BUSHELS
2.4
TOTALS FROM TABLES I AND 2
ACRES LBS AW N USED
TABLE 1 15.5 5910.7
TABLE 2
TOTAL 1 15.5
AMOUNT OF N PRODUCED'
*** BALANCE
5910.7
5704
-206.7
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
WASTE UTILIZATION PLAN PAGE 4
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic
land application of sludge at agronomic rates. The sludge will be
nutrient rich and will require precautionary measures to prevent
over application of nutrients or other elements. Your production
facility will produce approximately 917.6 pounds of plant
available nitrogen per year in the sludge that will need to be
removed on a periodic basis. This figure is PAN when broadcasting
the sludge. Please be aware that additional acres of land, as well
special equipment, may be needed when you remove this sludge.
See attached map showing the fields to be used for the utilization of
waste water.
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.
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 waste being stored in
your structure be within 1.7 feet of the top of the dike.
If 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 Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report
for assistance in determining the amount of waste per acre and the proper
application rate prior to applying the waste.
WASTE UTILIZATION PLAN PAGE 5
NARRATIVE OF OPERATION: Ant{��
1 Y\ +V\e- o. ce. o V J�N "-X-
WASTE UTILIZATION PLAN PAGE 6
Plans and Specifications
1. Animal waste shall not reach surface waters of the state by runoff,
drift, manmade conveyances, direct application, or direct discharge
during operation or land application. Any discharge of waste which
reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division
of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that
the producer either has owns or has long term access to adequate
land to properly dispose of waste. If the producer does not own
adequate land to properly dispose of waste, he shall provide NRCS
with a copy of a written agreement with a landowner who is within
a reasonable proximity, allowing him/her the use of the land for
waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility
to secure an update of the Waste Utilization Plan when there is
a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
Nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climate conditions, and
level of management, unless there are regulations that
restrict the rate of application for other nutrients.
4. Animal waste may be applied to land that has a Resource
Management System (RMS) or an Alternative Conservation System
(ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips
will be used where runoff leaves the field. These filter
strips will be in addition to "Buffers" required by DEM.
(See FOTG Standard 393 - Filter Strips and Standard 390
Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when the
wind is blowing.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally
tilled cropland. when applied to conservation tilled crops
or grassland, the waste may be broadcast provided the
application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in
the NRCS Technical Reference - Environment file for guidance.
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or
to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur
in order to control conditions conducive to odor or flies
and to provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in
such a manner that no more than 20 to 25 percent of the leaf
area is covered.
WASTE UTILIZATION PLAN PAGE 7
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils
should be held to a minimum and a suitable winter cover
crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a
crop on bare soil.
11. Animal waste shall not be applied closer than 25 feet to
surface water. This distance may be reduced for waters that
are not perennial provided adequate vegetative filter strips
are present. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other
property and public right -of ways.
15. Animal waste shall not be discharged into surface wasters,
drainageways, or wetlands by discharge or by over -spraying.
Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site
by a "technical specialist". Animal waste should not be
applied on grassed waterways that discharge into water
courses, except when applied at agronomic rates and the
application causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into
the animal waste management system.
17. Lagoons and other uncovered waste containment structures
must maintain a maximum operating level to provide adequate
storage for a 25 -year, 24-hour storm event in addition to
one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments,
berms, pipe runs, etc.). If needed, special vegetation
shall be provided for these areas and shall be fenced, as
necessary, to protect the vegetation. Vegetation such as
trees, shrubs, and other woody species, etc. are limited to
areas where considered appropriate. Lagoon areas should be
kept mowed and accessible. Lagoon berms and structures
should be inspected regularly for evidence of erosion, leakage
or discharge.
19. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and imple-
menting a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept
on site.
WASTE UTILIZATION PLAN PAGE 8
NAME OF FARM: South River Farm
OWNER / MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the ap-
proved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
I (we) understand that I must own or have access to equipment,
primarily irrigation equipment, to land apply the animal waste
described in this waste utilization plan. This equipment must be
available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25 -year 1 --day storm event. I also cer-
tify that the waste will be applied on the land according to this
plan at the appropriate times and at rates that no runoff occurs.
NAME OF FACIL Y W OSERT PRESTAGE
SIGNATURE: DATE:
NAME OF MAN GER (if different from owner):
please print
SIGNATURE:
DATE:
NAME OF TECHNICAL SPECIALIST: rr rs�
m.•cl 6. u?Ar�.zc') 7) C
AFFILIATION: USDA- NRCS
ADDRESS (AGENCY): 122 Ag. Service Ctr.
Elizabethtown NC 28337
i
SIGNATURE: GGk� -�� DATE:-Z�"!-�jJ
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
4. „,4 �!
p�NR
DIVISION OF WATER QUALITY
January 9, 1998
1%114;v Kai.
: _ a I' • L M�
Mr. Bobby Prestage
South River Farms
2028 S.E_ Hwy 214
Harrells, NC 28444
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
South River Swine Farm
09-56
Bladen County
Dear Mr. Prestage:
You are hereby notified that, having been deemed permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to l5A NCAC 2H .0217, you have been found to be in
violation of your 2H .0217 Permit.
On November 21, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of your farm located off Hwy 210 in Bladen County as a result of identifying
swine waste ponding adjacent to Highway 210 at the entrance to your farm. The inspection revealed
animal waste had been applied in such a manner that caused significant amounts of wastewater to runoff
the spray field and enter a road ditch adjacent to Hwy 210 approximately 15O feet from a blue line
stream, namely an unnamed tributary of South River. W. Prestage was available at the time of the
inspection and indicated that a truck had broken a sprinkler head while removing dead carcasses which
resulted in the discharge. The majority of the waste water was blocked from entering the creek by Mr.
Prestage and was pumped back into the spray field. To prevent discharge problems in the future, it may
become necessary to relocate either the dead box or the sprinkler head a safe distance from the traffic
lane.
225 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, Nortb Carolina 28301-3043 An Equal Opportunity Affirmative Action Employer
Telephone 910-486-1541 50% recycled/10% post -consumer paper
7 ,1;>
-r�
�f.
Mr. Prestage
Page 2
117198
The Division of Water Quality requests that the following items be addressed:
1. Make any modifications needed to ensure there will be no future discharges.
Failure to comply with the above conditions may result in the facility losing it's deemed permitted status
and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation_ Furthermore, the Division of Water Quality has
the authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide a written response to this office on or before February 15, 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,
fK T. AS ens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
2028 hrighway 210 East
Marrails. North Carolina 25444
9ID-532-2633
910-990.0016 voice and mobile
January 30, 1998
State of North Carolina
Department of Environment
And Natural Resources
Division of Water Quality
Certified mail
Return receipt requested
Sutgect: Notice of Violation
Written Notice
Administrative Code 15A NCAC 2H .0217
South River Farre
09-58
Bladen County
Dear Sir or Madam:
RECEIVED
FEB 0 S 1998
FAYETTEVILLE
REG. OFFICE
On November 21,19971 had a discharge from the above-mentioned facility. Mr. Robert Heath came to
the farm when I was in the process of fodng the riser. I am. writing to tell you the actions that 1 have
taken to correct the problem. Pursuant to 15A NCAC 2h ,0217
have taken the following measures to avoid any problems in the future of this nature. On November
21,1997 1 contacted Mack's Small Engine Repair to bring a gas powered pump to the Farm. We then
pumped the ditch adjacent to Highway 210 pumping the etiluer t back to the spray field. I had S & S
Backhoe Service install a cutoff valve appro)amately 30 feet hack from the riser. This valve will remain
dosed and be opened only when spraying from this fiser. I have also installed four by four posts around
the area of this riser making it inaccessible to traffic of any kind.
I am confident these measures will insure we do not have an accident of this type again at this facility. I
am truly sorry for this unfortunate incident and will work with the Commission in any way to help prevent
any other grower from having a similar accident.
Sincerely,
Robert S. Prestage
Operator in charge
Number 16305
R
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Aunt, Jr., Governor
Wayne McDevitt, Secretary
003 "A"M P3 UV Al 1111
gognei m_ �' • 1_
Mr. Bobby Prestage
South River Farms
2028 S.E. Hwy 210
Harrells, NC 28444
10
EXENR
DIVISION OF WATER QUALITY
January 9, 1998
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
South River Swine Farm
09-56
Bladen County
Dear Mr. Prestage:
You are hereby notified that, having been deemed 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 November 21, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of your farm located off Hwy 210 in Bladen County as a result of identifying
swine waste ponding adjacent to Highway 210 at the entrance to your farm. The inspection revealed
animal waste had been applied in such a manner that caused significant amounts of wastewater to runoff
the spray field and enter a road ditch adjacent to Hwy 210 approximately 150 feet from a blue line
stream, namely an unnamed tributary of South River. Mr. Prestage was available at the time of the
inspection and indicated that a truck had broken a sprinkler head while removing dead carcasses which
resulted in the discharge. The majority of the waste water was blocked from entering the creek by Mr.
Prestage and was pumped back into the spray field. To prevent discharge problems in the future, it may
become necessary to relocate either the dead box or the sprinkler head a safe distance from the traffic
lane.
225 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, Forth Carolina 28301-5043 An Equal opportunity Affirmative Action Employer
Telephone 910-486-1541 50% recycled/10% post -consumer paper
Mr. Prestage
Page 2
117198
The Division of Water Quality requests that the following items be addressed:
1. Make any modifications needed to ensure there will be no future discharges.
Failure to comply with the above conditions may result in the facility losing it's deemed permitted status
and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has
the authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide a written response to this office on or before February 15, 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,
K T. St ens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Sam Warren - Bladen Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
-< Alan W. Klimek, P.E. Director
ftwwp� Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
South River Growers
2028 SE HWY 210
Harrells NC 28444
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
South River Farm
#9-56
Bladen County
Dear Sir or Madam:
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2 3 20,03
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I
On April 11, 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 March 11, 1999. 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
t -B77-623-6748 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 110% post -consumer paper
h t1pY1h2o. en r. s to te. n c. us
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ADEhrR
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) 486-1541.
Sincerely,
lan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
REVISED ADDENDUM TO WASTE UTILIZATION PLAN
�-- FACILITY NUMBER 09-0056
FARM NAME: SOUTH RIVER FARM
OWNER NAME: ROBERT PRESTAGE
DESIGN CAPACITY. 2480 FEEDER TO FINISH
MR. PRESTAGE MAY REPLACE THE OVERSEED CROP OF WHEAT
IF HE SO DESIRES. OVERSEED CROPS SUCH AS OATS, SMALL
GRAIN RYE, RYE GRASS, AND BARLEY COULD BE USED AT THE
SAME AGRONOMIC RATE (74.4 LBS N) SPECIFIED IN THE 8/25/95
PLAN DONE BY SAM WARREN. HOWEVER THE APPLICATION
WINDOWS FOR ALL OVERSEED CROPS INCLUDING WHEAT
SHOULD BE OCT -MAR (SEE REVISED PAGE 2 OF WUP). SINCE
THIS PLAN WAS DEVELOPED PRIOR TO GUIDANCE ON OVERSEED
CROPS THIS SCENARIO SHOULD BE ACCEPTABLE FOR THE
SOUTH RIVER FARM.
MR. PRESTAGE PLANS TO APPLY SWINE WASTE IN
ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO
EXCEED THE HYDRAULIC LOADING OF THE SOILS.
2/22/99
RO2� e
NIVIE G. KENNEDY JR.
TECHNICAL SPECIALIST
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ROBERT PRESTAGE
O WNER/OPERATOR
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