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090065_ENFORCEMENT_20171231
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVIL.LE REGIONAL OFFICE DIVISION OF WATER QUALITY July 9, 1999 UN tutgruxal X144-Laxtilgimp Mr. Darrell Coble 540 Grover Coble Road Garland, NC 28441 SUBJECT: NOTICE OF DEFICIENCY Bunn Nursery Registration No.09-65 Bladen County Dear Mr. Coble: On June 4, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Bunn Nursery swine facility. it was determined that waste samples had not been collected as required. In regard to the deficiency noted during the inspection, the following actions are requested: 1. Begin immediately collecting waste samples as required within 60 days of waste application to reflect accurate records of plant available nitrogen (PAN) applied to the crops. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Robert F. Heath, Environmental Specialist, at (910) 485-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. MRCS 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE B10-466-1541 FA% 910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POSTCONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL. OFFICE DIVISION OF WATER QUALITY July 9, 1999 NAMI-01.1-3033.Kil (01 ! M I Mr. Darrell Coble 540 Grover Coble Road Garland, NC 28441 SUBJECT: NOTICE OF DEFICIENCY Bunn Nursery Registration No.09-65 Bladen County Dear Mr. Coble: On June 4, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Bunn Nursery swine facility. It was determined that waste samples had not been collected as required. In regard to the deficiency noted during the inspection, the following actions are requested: 1. Begin immediately collecting waste samples as required within 60 days of waste application to reflect accurate records of plant available nitrogen (PAN) applied to the crops. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Robert F. Heath, Environmental Specialist, at (910) 486-1541. Sincerely, r --1215 2 Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-466-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYErrEVILLE REGIONAL OFFlGE DIVISION OF WATER QUALITY August 14, 2000 CERTIFIED NL41L RETtJRN RECEIPT RE tJESTED Mr. Stephen Bunn 540 Grover Coble Road Garland, NC 28441 SUBJECT: NOTICE OF DEFICIENCY Bunn Nursery Swine Facility Registration No. 09-65 Bladen County Dear Mr. Bunn: On July 28, 2000, staff'from the Fayetteville Regional Office of the Division of Water Quality inspected the Bunn Nursery swine facility. It was observed that a copy of the General Permit and Certificate of Coverage was not available for inspection. In addition, the inside slope of the lagoon dues were in need of cutting and the bermuda spray field had not been sprigged in its entirety and weeds (dog fennel) needed removal. In regard to the deficiencies noted during the inspection, the following actions are requested: I . A copy of the General Permit and the Certificate of Coverage must be maintained on site. 2. Contact a technical specialist for assistance with the proper method of weed removal in the bermuda field and to evaluate the bermuda stand to determine if sprigging is required in the new portion of the field. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result frorn these deficiencies. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 pHONE:910-486-1541 FAX -.910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1 -a77-623-6748 Mr. Stephen Bunn Page 2 August 14, 2000 If you have any questions concerning this matter, please call Robert Heath, at (910) 486- 1541. Sincerely, Robert F. Heath Environmental Specialist ce- Operations Branch Central Files Trent Alien - FRO DSW Sam Warren - Sampson Co. MRCS Garth Boyd - Murphy Farms "INj . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE: DIVISION OF WATER QUALITY August 14, 2000 CERTIFIED MAIL RETU�RECEIPT REQUESTED Mr. DalTeli Coble .540 Grover Coble Road Garland, NC 28399 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H,0217 Bunn Nursery Facility No_ 09-65 Bladen County Dear Mr. Coble: You are hereby notified that, having been permitted to have a non discharge pernut 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 August 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off Highway 243 in Bladen County. During that inspection it was noted that one half of the waste application field had been out and that the remainder of the field were predominantly of competition grasses and Nveeds Nvith a poor to nonexistent stand of bermuda grass. In addition, an irrigation event was in progress and the irrigation equipment had been placed incorrectly resulting in approximately 50 percent of the waste water being, applied to land other than that allowable in your CAW�NIP. Also, the inside slope of the lagoon banks need cutting and the lagoon level was less than that required by your General Permit. rrizsr TeiLFI_� P 1 0 223 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE:910-486-1541 FAX: 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 r t Mr. Darrell Coble August 14, 2000 Page 2 The Division of Water Quality requests that the following items be addressed: Contact a technical specialist for assistance in the evaluation of the waste application field where little or no crop exist and comply with their recommendation. 2. Review and follow your C: AWMP in the proper placement and operating pressures of the irrigation system to prevent future violations. Cut and maintain the grass and weeds on the inside slope of the lagoons to allow inspection and to prevent rodent ha.rborages. 4. Lower the lagoon level on the waste application field as soon as possible in preparation of potential storms and maintain below the pump on level. Failure to comply with the above conditions may result in the facility losing its General Pernut acid 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 taping enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have and explanation for this violation that you wish to present, please respond to this office by Sentemn er 15.2000. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mf. Robert Heath, Envirotinientai Specialist, at (910) 486-1541. 5inc , Paul E. Rawls Regional Water Quality Supervisor cc: Sue Homewood - Compliance Group Sara Warren - Bladen Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Garth Boyd - Murphy Farms State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT RE VESTED STEPHEN BUNN 540 GROVER COBLE RD GARLAND NC 28441 Dear Stephen Bunn: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES -- May -23, 2001 MAY DWO Subject: Notice of Violation and Revocation for Nonpayment Bunn Nursery Permit Number: AWS090065 Bladen County In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 21612001. Your annual permit fee for the period of 2/6/2001 - 2/5/2002 is $50.00. Your payment was due 411412001. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit.- pursuant ermit_pursuant to 15 NCAC 2H.0205 (c) (4)_ and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210_ Sincerely Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Bladen County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper ti NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor July 8, 2004 CERTIFIED IMAIL RETURN RECEIPT REOUESTED Mr. Stephen Bunn, Bunn Nursery 56 Fayetteville Road Elizabethtown, NC 28337 Subject: NOTICE OF VIOLATION Permit No. AWS090065 Condition V. 3. Inadequate Freeboard Condition 111. 6.e. Failure to Report Dear Mr. Bunn William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director 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 2H .0217, you have been found to be in violation of your Permit. On July 2, 2004 staff from the Fayetteville Regional Office of the Division of Water Quality visited your swine farm located in Bladen County as a result of information that was given to us by the North Carolina Soil and Water Division about your lagoon liquid level being in the storm storage_ During the DWQ inspection, the following violations were noted: 1. Failure to maintain 31"of freeboard space in the lagoon as required by your permit and lagoon design. It has been noted on a previous inspection form that you roust maintain 31" of freeboard because of rules and regulations governing new lagoons built after 1996. 2. Failure to notify the Division of Water Quality about the high lagoon level within 24 hours of first discovery. 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: ww.enr.state.nc.uslENR/ An Equal Opportunity! Affirmative Action Employer — 50 °,b Recycled 1 10 % Port Comcurner Paper One NorthCarolina )Vaturally The Division of Water Quality requests that the following items be addressed: That you please maintain at least 31" of freeboard space in your lagoon according to your certified animal waste management plan. Please call and notify the Division of Water Quality within 24 hours of discovery of the lagoon liquid level being above 31". When you call please talk with a CAFO staff member or other staff member so we will have a record of your phone call. The Division of Water Quality also asks that you please send in the following: • The most current copy of your Certified Animal Waste Management Plan • Your freeboard records since January 1, 2004 • Rainfall records for this year • A copy of all waste application records for this year since January 1, 2004 4. Please have the OIC write an explanation on how these violations occurred and what will be done to prevent them in the future. Please send in the above information by July 31, 2004. 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 $2.5,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mark Brantley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Ste A. Barnhardt Regional Supervisor ABlmb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. MRCS Trent Allen — SWC, FRO Central Files - Raleigh Facility Number Date of Visit: "'-5' J`� Time: 9 5 =Not Operational 0 Below Threshold ermitted �ertified 0 Conditionaliv Certified [311egistered Date Last Operated or Above Threshold - Farm Name: arn Alvr' Sfr -. County: Owner Name: Sal�n��� ��� ., Phone No: Mailing Address: sia C`n 7%�. //a %fi �� r� E /, %.;? ;1 Z /7 Facility Contact: Onsite Representative: Certified Operator: Location of Farm: Title: Phone No: Integrator: Operator Certification Number: 0 Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0' 0 Longitude 0' 0 Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑Yes 0<0 Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes 0-Nio b. If discharge is observed. did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches)• ❑ Yes [}Ivo ❑ Yes [Vivo ❑ Yes ❑No ❑ Yes ❑-No ❑ Yes ©'No Structure 6 05103101 Continued Facility Number: Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenancermprovement? 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14, a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? if yes, contact a regional Air Quality representative immediately. ❑ Yes 13 -No ❑ Yes CTN6 ❑ Yes ❑-No ❑ Yes 12 No ❑ Yes [3 -No - 0 Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 0-N6 ❑ Yes ❑-No ❑ Yes Q -No ,i:•. 'f., UL— -• i'.a.-:lit -:.4TM. „-�ui_�. Comments`{refer to ties on #) atils+vers and/or an rner comments: YES -- y recommendat,ons or any a r 4r � -?-= ..-,. Use drawuigs of faeiltty to better explain sttaaawas {use additional pages as necessary) j ❑-F`eld Copy ❑ Final Notes _ ����..' ••..�,.rv. �.T � gir�'. �.�F 1"�`C-� .�.•C _�J.. �r MY �,SJ _�;c�,l['7 �^.f ��.,��� 4.� "I t � 3�3.r �^�� � _ri.�_ � �M�"'w^.[M. -� T-��, _ Sr% 'ifJ MV "�W' ,i. /p �Tltf V UT' �../Os .»! f urr ✓r.� �.] i/l [a� �r ,Q c. �,., J .1 1 i✓; J! C c.rioi f , , v { S I c r: :lc, �P� �. Era _ ! _ •z U�E' y �'r �� fr 'res- L•Ji . F �I. „- r r/^NS r•-. /.' fU/J.i S^:.ti 01 f•, l Sf:./ arm �i- r��r'. IJ :l!'1 .� f i'vNs �4•! �.:f.! i Lo LJ G if ,.y� f7tC.r ,•y r� ;,1 �:., , , .."� _ - i i'•!. .ti "'r ..� /. /��r_,�cr• �l�. U� "�. fG'/!/l �/ L.f-'�licr ..a✓G q�. as� is fiy� , +�`2^T°5 Reviewer/Inspector Name,S:Y�ry ��xy� 1` ; '�MO- r��7 ;�"` 3� Vii. �S.�x..,�^'^+F,�«' .3 ;-"'53�. ReviewerAnspector Signature: (, �,fr � � Date: ULA 12112/03 Continued North Carolina Department Michael F. Easley, Governor July 8, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Stephen Bunn, Bunn Nursery 56 Fayetteville Road Elizabethtown, NC 28337 ; FAA RCDENR of Environment and Subject: NOTICE OF VIOLATION Permit No. AWS090065 Condition V. 3. Inadequate Freeboard Condition 111. 6.e. Failure to Report Dear Mr. Bunn Natural Resources William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director 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 2H .0217, you have been found to be in violation of your Permit. On July 2, 2004 staff from the Fayetteville Regional Office of the Division of Water Quality visited your swine farm located in Bladen County as a result of information that was given to us by the North Carolina Soil and Water Division about your lagoon liquid level being in the storm storage. During the DWQ inspection, the following violations were noted: I . Failure to maintain 31" of freeboard space in the lagoon as required by your permit and lagoon design. It has been noted on a previous inspection form that you must maintain 31" of freeboard because of rules and regulations governing new lagoons built after 1996. 2. Failure to notify the Division of Water Quality about the high lagoon level within 24 hours of first discovery. 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-0707 1 Internet: ww.ennstate.ne.us/ENR/ An Equal Opportunity/ Affirmative Action Employer —50% Recycled % 10 % Post Consumer Paper Nne ortrhCarohna Naturally The Division of Water Quality requests that the following items be addressed: I . That you please maintain at least 31 " of freeboard space in your lagoon according to your certified animal waste management plan. 2. Please call and notify the Division of Water Quality within 24 hours of discovery of the lagoon liquid level being above 31". When you call please talk with a CAFO staff member or other staff member so we will have a record of your phone call. 3. The Division of Water Quality also asks that you please send in the following: • The most current copy of your Certified Animal Waste Management Plan • Your freeboard records since January 1, 2004 • Rainfall records for this year • A copy of all waste application records for this year since January 1, 2004 4. Please have the OIC write an explanation on how these violations occurred and what will be done to prevent them in the future. Please send in the above information by July 31, 2004. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mark Brantley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Stephen A. Barnhardt Regional Supervisor AB/mb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh 03/05/2010 Mr. Art Barnhardt, This letter is in response to your request due to recent DWQ inspection. Enclosed you will find copy of recent sludge survey done for my farm identified as Tatum Nursery #2 Facility No. 09-65, permit #AWS090065 0310112010. Reason for violation was that I did not think one was due until year 2010. Now that I am aware my era, a sludge survey will be done annually as required. I plan to do another sludge survey in August of this year for the year 2010. If you have any further questions , please contact me at your discret . RECEIVED !R 082010 Thank You OAR-FIEV1LLEREGIONALOFF;OE oh Tatum North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Coleen H. Sullins Director February 26, 2010 Mr. Johnny R. Tatum PO Box 579 Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T. 1304 Tatum Nursery #2 Facility No. 09-65, Permit No. AWS090065 Bladen County Dear Mr. Tatum: Dee Freeman Secretary On February 23, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Tatum Nursery 92 and the permitted waste disposal system. We wish to thank Mr. Johnny Tatum who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to conduct a survey of the sludge accumulation in all lagoons every year in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWS090065 Section 111 19) On February 23, 2010 during a routine compliance inspection it was documented that you had not conducted a lagoon survey for the year 2009. Required Corrective Action for Violation 1: Conduct a sludge survey as required by your permit. AQUIFER PR07ECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 Phone: 910-433-3300 1 FAX: 910-486-07071 Customer Service: 1-877-623-6748 Internet: wvnv.h20.enr.s1ate.nc.us An Equal Opportunity 4 Affirmative Action Employer One NoahCarolilza Mr. Tatum February 26, 2010 Page 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before April 1, 2010. 1. Copy of your new lagoon sludge survey. 2. An explanation from the 01C for this farm regarding how this violation occurred. 3. A list from the 01C concerning the steps that will he taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before April 1, 2010 and to provide a written response to this Notice by April 1, 2010. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143 -215.6A - If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300. Sincerely, Art Barnh rdt Environmental Program Supervisor cc: Keith Larick CAFO Unit Karig Westerbeek Murphy Brown Danny Edwards FRO S&WC FRO AP files Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number B. Lagoon identification 4207-09-85 C. Person(s) Taking Measurements J Tatum D. Date of Measurement 3/1/2010 E. Methods/Devices Used for Measurement of: Revised August 2008 a. Distance from the lagoon liquid surface to the top of the sludge layer. Flatplate _ b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon. PVC pole c. Thickness of the sludge layer if making a direct measurement with 'core sampler". Lagoon Surface Area (using dimensions at inside top of hank): 0.7 (acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area. The lagoon may have been built different than designed, so measurements should be made.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points b_ If more than 1.33 ac. acres x 6 = , with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed_ Number the intersection points on the lagoon grid so that data recorded at each can be easily matched_) H. Conduct sludge survey and record data on 'Sludge Survey Data Sheet" (Appendix 2). Also, at the location of the pump intake, take measurements of distance from liquid surface to top of sludge layer and record it on the Data Sheet (last row); this must be at least 2.5 ft. when irrigating. I. At the time of the survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): 0.6 J. Determine the distance from the top of bank to the Maximum Liquid Level 2.6 (use lagoon management plan or other lagoon records) 51.1-48.5 K_ Determine the distance from the Maximum Liquid to the Minimum Liquid level: 2.3 (use lagoon management plan or other lagoon records) 48.546.2 L. Calculate the distance from the present liquid surface level to the Minimum Liquid Level 1.7 (item K Minus Item 1, assuming the present liquid level is below the Maximum Liquid Level) M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points) 9.1 N. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 5.2 O. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer. 3.9 P. Calculate the thickness of the existing Liquid Treatment Zone (Item N minus Item L): 3.5 Q. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume. If Item O is equal to or less than Item P, you don t have to determine volumes. Completed by: ( _ _ Date: 3" !'t'!D Appendix 2. Sludge Surrey Data Sheet" Lagoon Identification_ Lagoon 1 Completed t J Tatum (A) Grid Point No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Number of I Average of At pump intake Print Name 0.0 Revised August 2008 �~ Date: Signature (B) Ft. & in. Distance from liquid surface to top of sludge Ft. & in. Ft. (tenths] 7 9 7.0 7 9 7.0 6 9 6.0 5 9 5.8 4 8 4.7 4 8 4.7 4 7 4.6 4 8 4.7 4 6 4.5 4 6 4.5 4 8 4.7 4 7 4.6 9.1 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 with readings 12.0 X X 5.2152778 0.0 Revised August 2008 �~ Date: Signature X X X (C) -(B) (C) Ft. & in. Distance from liquid surface to lagoon bottom soil Ft. 8 in. Ft. (tenths) 9 2 9.2 9 2 9.2 9 2 9.2 9 1 9.1 9 1 9.1 9 2 9.2 9 2 9.2 9 2 9.2 9 2 92 9 1 9.1 9 2 9.2 9 1 9.1 0.0 0.0 0.0 0.0 12.0 X X 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 X X 12.0 X X 9.1388889 X X X (C) -(B) Thickness of sludge layer Ft. & in. Ft. (tenths) 2.2 2.2 3.2 3.3 4.4 4.5 4.6 4.5 4.7 4.6 4.5 4.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 X X 12.0 X X 3.923611111 X X X RAIZ Grid Points and corresponding sludge layer thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet_ Appendix 3. Worksheet for sludge volume and treatment volume Revised August 2008 The average thickness of the sludge layer and the thickness of the existing liquid(sludge-free) treatment zone are determ, ---„' from the information on the Lagoon Sludge Survey Form ( Items 0 and P. respectively). In this example, the average sludge laver thickness is 2.5 feet and the existing liquid treatment zone is 3.5 feet. If the lagoon has a designed sludge storage volume, see notes at end of the worksheet. The dimensions of the lagoon as measured and the side slope are needed for calculations of sludge volume and of total treatment volume. If the lagoon is a standard geometric shape, the sludge volume and the treatment volume in the lagoon can be estimated by using standard equations. For approximate volumes of rectangular lagoons with constant side slope, calculate length and width at the midpoint of the layer, and multiply by layer thickness to calculate layer volume, as shown in the example. For irregular shapes, convert the total surface area to a square or rectangular shape. For exact volumes for lagoons with constant side slope, the "Prismoidal Equations" may be used. 15. Ratio ( R ) of sludge layer volume to total Treatment Volume R = VsNz 0.38 0.44 If the ratio R exceeds 0.50, than a sludge Plan of Action may be required. Check with DWp for information on filing the Plan of Action. Note. If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from both the volume of sludge (Vs) (Item 8) and from the volume of total treatment zone (Vz) (ttem 14), and take the ratio_ Then. R = (Vs-DSSV) / (Vz - DSSV) Example: If DSSV = 85,000 ft , then R= (169,860-85,000)/(447,174-85,000) =84,8601362,174= 0.24. 16. Design sludge storage volume (DSSV) 85,000 17_ Ratio (R) of sludge layer volume to treatment volume adjusted for designed sludge storage volume 0.24 0.44 Example Your Lagoon 1. Average sludge Layer Thickness (T) 2.5 ft. 3.9 ft. 2_ Depth of the lagoon from top of bank to bottom soil surface (D) 11 ft. 12.3 ft. 3. Slope = Horizontal/ vertical side slope (S) 3 3.0 4. Length at the top of inside bank (L) 457 ft. 180.0 ft. 5. Width at top inside slope (W) 229 ft. 170.0 fl. 6. Length at midpoint of sludge layer Ln, = L-2S(D-(T/2)) 398.5 ft. 117.9 ft. 7. Width at midpoint of sludge layer W p W-2S(D-(T/2)) 170.5 ft. 107.9 ft. 8. Volume of sludge (Vs) Vs=L,,, Wm T 169,860 tC 49,969 tC 9. Volume in gallons: Vsv=V"7.5 gal.tf'. 1,273,950 gal. 374,764 gal. 10. Thickness of existing liquid tmt. zone (Y) 3.5 ft 3.5 ft 11. Thickness of total treatment zone (Z) Z= T+Y 6 ft 7.4 ft 12. Length at midpoint of total tmt. zone LZ = L-2(S)(D-(Z/2) 409 ft. 128.3 ft. 13. Width at midpoint of total W. Zone WZ = W-2(S)(D-(Z/2) 181 ft. 118.3 ft. 14. Volume of total treatment zone (Vz) Vz = Lx WZ Z 444,174 tt 112,486 ftr 15. Ratio ( R ) of sludge layer volume to total Treatment Volume R = VsNz 0.38 0.44 If the ratio R exceeds 0.50, than a sludge Plan of Action may be required. Check with DWp for information on filing the Plan of Action. Note. If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from both the volume of sludge (Vs) (Item 8) and from the volume of total treatment zone (Vz) (ttem 14), and take the ratio_ Then. R = (Vs-DSSV) / (Vz - DSSV) Example: If DSSV = 85,000 ft , then R= (169,860-85,000)/(447,174-85,000) =84,8601362,174= 0.24. 16. Design sludge storage volume (DSSV) 85,000 17_ Ratio (R) of sludge layer volume to treatment volume adjusted for designed sludge storage volume 0.24 0.44 �Q1 mo o' l vi\� � s'Q grower: STEVE BUNN NURSERY Designed By: CHB Address: 300 LULA LONG RD., SR 1508 Checked By: JES ELIZABETHTOWN, NC 28337 Date: 08/04/97 Coun : BLADEN Sheet 1 of 7 ANAEROBIC WASTE LAGOON DESIGN FARM INFORMATION Farm Population: Nursery: ------------------- 2600 Hd. Finishing: ------------------- 0 Farrow to weanling: -------------------- 0 Farrow to feeder: ------------------- 0 Farrow to finish: ------------------- 0 Boars: ___________________ 0 Storage Period: -------- - - - - - - - - - - 180 Days 25 Yr. / 24 Hr Storm Event - - - - - - - - - - - - - - - - - - - 7.5 In. "Heavy Rain" Factor -------- - - - - - - - - - - 7.5 In. Rainfall in Excess of Evaporation - - - - - - - - - - - - - - - - - - - 7.0 In. Additional Water Usage: - - - - - - - - - - - - - - - - - - - 0 Additional Drainage Area: - - - - - - - - - - - - - - - - - - - 0 LAGOON INFORMATION Is Lagoon Designed as an Irregular Shape? (Y/N) - - - - - - - - - -N Does Operator Want Emergency Spillway? (Y/N) - - - - - - - - - -N Is This Design for an Existing Farm? (Y/N) - - - - - - - - - -N Is Drain Tile Req'd to Lower SHWT? (Y/N) - - - - - - - - - -N Seasonal High Water Table Elev:-------------------- 43.68 Ft Freeboard: - - - - - - - - - - - - - - - - - - - 1.0 Ft. Emergency Spillway Flow Depth: Not Applicable 0.3 Ft Top of Storm / Spillway Buffer: Not Applicable 0.5 Ft. Side Slopes: - - - - - - - - - - - - - - - - - - - 3 :1 (H:V) Inside Top Length: -----.-______________ 170.0 Ft Inside Top Width: -------------------- 180.0 Ft. Top of Dike Elevation: -------------------- 51.10 Ft. Finished Bottom Elevation: -------------------- 40.10 Ft. Start Pump Elevation: --- --------------- 48.50 Ft. Stop Pump Elevation: -------------------- 46.20 Ft LAGOON VOLUME REQUIREDVOL. DESIGN VOLUMES % REQ'D. Storm Stor = Temporary = Permanent = Total Volume 38250 (Cu.Ft.) 49133 (Cu.Ft.) 97500 (Cu fl.) 184,883 (Cu.Ft.) 42,974 (Cu.Ft.) 53,580 (Cu.Ft.) 9_9,557 (Cu.Ft.) 196,111 (Cu.Ft.) Min. Required Liner Thickness ------------------- Lagoon Surface Area (InsideTOD)---------------- 112.35% 109.05% 102.11% 106.07% 1.6 Ft. 30,600 S.F. Murphy Family Farms Engineering P.O. Box 759, Rose Hill NC 28458 (910) 289-2111 Nortel Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Johnny R- Tatum PO Box 579 Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T. 1304 Tatum Nursery 42 Facility No. 09-65, Permit No. AWS090065 Bladen County Dear Mr. Tatum - '3 o25-:��O /0 Dee Freeman Secretary On February 23, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Tatum Nursery 42 and the permitted waste disposal system. We wish to thank Mr. Johnny Tatum who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to conduct a survey of the sludge accumulation in all lagoons every year in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWS090065 Section 111 19) On February 23, 2010 during a routine compliance inspection it was documented that you had not conducted a lagoon survey for the year 2009. Required Corrective Action for Violation 1: Conduct a sludge survey as required by your permit. AOUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, Norih Carolina 2S301 Phone, 910-433-330101 FAX : 910-486-07071 Customer Service, 1-877-623-6748 Internet: vAm.h20.enr.sta1e.nc.us An Equal Opporlunity 1 Affirmative Action Employer Ont; North Carolina N1r. Tatum February 26, 2010 Page 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before April 1, 2010. 1. Copy of your new lagoon sludge survey. 2. An explanation from the OIC for this farm regarding how this violation occurred 3. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before April 1, 2010 and to provide a written response to this Notice by April 1, 2010. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300. Sincerely, ArtBarnh rdt Environmental Program Supervisor cc: Keith Larick CAFO Unit Karig Westerbeek Murphy Brown Danny Edwards FRO S&WC FRO AP files