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HomeMy WebLinkAbout090056_ENFORCEMENT_20171231WaterResources 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: r, 2 3 20,03 E 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 ��► .+A 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 r ROBERT PRESTAGE O WNER/OPERATOR r - N ;Wi