090094_ENFORCEMENT_20171231

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 29, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John McKoy
555 McLean Road
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
McKoy Farm
Facility No. 09 - 94
Bladen County
Dear Mr. McKoy:
On June 25, 1999, staff from the Fayetteville Regional Office of the Division of Water
Quality conducted a routine inspection on your swine facility located in Bladen County.
Some erosion was observed along the back slopes of the lagoon dike. It appeared that
grass had recently been sowed on the lagoon dikes. It was noted that freeboard records
were not being maintained weekly as required by the General Permit issued to this facility
on March 10, 1999. General Permit condition 111.2 states that "Waste lagoon and storage
pond levels shall be recorded weekly on forms supplied or approved by the DWQ.".
It was also noted that the facility failed to have a soil analysis for 1998. General
Permit condition 111.3 states that "A representative Standard Soil Fertility Analysis, including
pH, copper, and zinc shall be conducted annually on each application field receiving animal
waste. The results of these tests shall be maintained on file by the Permittee for a minimum
of three years and shall be made available to the DWQ upon request.". An irrigation layout
had recently been completed for the facility, however fl did not coincide with the CAWMP.
The CAWMP should reflect the same number of acres that have been calculated in the
irrigation layout for the facility. Irrigation records should also be kept in accordance with the
irrigation layout. It appears that based on the irrigation layout recently completed, the facility
does not currently have enough acres, based on the current crops, to uptake the amount
of nitrogen being generated on the farm.
The Division of Water Quality requests that the following items be performed:
1. Continue efforts on establishing a grass cover on lagoon dikes to prevent erosion of the
inside and back slopes.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone]d1 FAX [phone]
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Page 2
McKoy Farm
July 29, 1999
2. Immediately begin recording weekly freeboard levels in order to be in compliance with the General Permit.
3. Take a soil sample annually as required by the General Permit and the CAWMP.
4. Need to install permanent markers in the spray fields so that the irrigation equipment can be set-up
accurately as specified in the irrigation layout.
5. Consult with a technical specialist in order to determine the alternatives the facility can implement in order
to uptake the total PAN being produced at this site to generate a nitrogen deficit in the CAWMP. Please
remember that if a field is added to the CAWMP it must meet current State and NRCS standards, setbacks,
and buffers.
Please notify this office in writing on or before August 20, 1999 at the letterhead above as to the aciions
taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as absolving
this facility of the responsibility and liability of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please do not hesitate to contact myself at [phone].
Sincerely,
11f4ty Ack/7't'
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Alfred Smith - Earnest Smith Farms, Inc.

State of North Carolina
Department of Environment •
and Natural Resources f
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary yg NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director � IRONMENT AND NATURAL RESOURCES
2 1 2000 June 19, 2000
CERTIFIED hdA1L
RETURN RECEIPT REQUESTED FAYTTEVILLE
REC.
JOHN McKoy
McKoy
555 McLEAN ROAD
ELIZABETHTOWN NC 28337
Subject: Notice of Violation and Revocation for Nonpayment
3M's & T Inc.
Permit Number: AWS090094
Bladen County
Dear John McKoy:
In accordance with North Carolina General Statute 143-215.10G, 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 3/10/99.
Your annual permit fee for the period of 3/10/2000 - 3/9/2001 is $150,00. Your payment was due 5/6/2000.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
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 [phone] ext. 210.
Sincerely,
')
Z��.
evens
Kerr T. St
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 [phone] FAX [phone]
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North Carolina
Department of Environment and Natural Resources
f
Division of Water Quality ..�.�.
Fayetteville Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
July 9, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John McKoy
555 McLean. Road
Elizabethtown, NC 28337
_SUBJECT:. NOTICE OF DEFICIENCY
3M's & T, Inc.
Facility No. 09 - 94
Permit No. AWS090094
Bladen County.
Dear Mr. McKoy:
On June 1, 2001, staff from • the Fayetteville Regional Office of the Division of Water Quality, conducted an
annual inspection of the 3M's & T,Inc. Farm in Bladen County. The inspection revealed that the coastal bermuda field
adjacent to the lagoon had a poor stand and significant competition with broadleaf weeds and other grasses.
The Division of Water Quality requests that the following items be addressed:
1. Consult with an agronomist or forage specialist for assistance in the removal of the competition and the
establishment of a suitable crop in this field or the removal of this field from the CAWMP if adequate acreage
exist to allow this modification.
Failure to comply with the above conditions may result in the facility losing its General Permit and being required
to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the
Division of Water Quality from taking enforcement actions for this violation for any pastor future violations. Furthermore,
the Division of Water Quality has the authority to levy a civil penalty.of not more than $25,000.00 per day per violation.
:If you have any questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely, y�
Robert F. Heath
Environmental Specialist
RFHlbh
oc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Sam Warren - Bladen County NRCS
Alfred Smith - Garland Farm Supply
223 GREEN STRE ET- SUITE 7141 SYSTEL BUILDrNG 1 FAYETTEVILLE, NC 23301-;043
PHONE [phone] FAX [phone] W WNY.Ei'4.STATE.NC ,1:S/E SZ
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Water Resources
Environmental Quality
November 1, 2017
CERTIFIED MAIL — 7009 3410 0001 6831 1707
RETURN RECEIPT REQUESTED
Mr. Michael McKoy
429 McLean'Road
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Administrative Code 15A NCAC 2T .1304
NOV-2017-DV-0632
Crossbow Farm Facility No. 09-94, Permit No. AWS090094
Bladen County
Dear Mr. McKoy:
On September 22, 2017, staff of the NC Division of Water Resources (Division), Water Quality Regional
Operations Section (WQROS), inspected the Crossbow Farm and the permitted waste disposal system.
We wish to thank Mr. Michael V. McKoy, 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 operate and maintain, at all times, the collection and spray application fields. (Permit No.
AWG 100000 Section Conditions H 1):
On September 22, 2017, DWR conducted your annual routine inspection. It was documented, with
pictures, that the pit wall at the center house was leaking waste from the back of the house.
During the inspection, it was also documented that the spray application fields have not been maintained
as specified in your Waste Utilization Plan.

Mr. Michael Mckoy
November 1, 2017
Page 2
Required Corrective Action for Violation 1:
Maintain the earthin berm you installed to contain the waste behind the center house and recover as much
waste as possible and return to the lagoon. Repair the crack in the pit wall and monitor all the pit boxes to
prevent any further discharges.
Harvest the bermuda hay as required in the CAWMP, and maintain all fields designated in your Certified
Animal Waste Management Plan.
Violation 2:
Failure to notify Division of Water Resources of a failure of any component of the animal waste treatment
and disposal system that renders the facility incapable of adequately storing the waste. (Permit No.
AWG 100000 Section H. 13b)
Your permit specifically requires notification by telephone, as soon as possible, but in no case more than
24 hours, and a written report within 5 calendar days following first knowledge of the occurrence of a
reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour
notification.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit section 11113.
Violation 3:
Failure to maintain a vegetative cover as specified in the facility's CAWMP and Certified Animal Waste
Management Plan on all land application fields. No waste shall be applied upon areas where the crop is
insufficient for nutrient utilization. (Permit No. AWG 100000 Section II 2).
On September 22, 2017 during your routine compliance inspection, it was documented that no soybeans
had been planted on pulls 5 & 6.1t was documented, with pictures, that the spray gun cart was pulled out
on pulls 5 & 6 based on ruts left in the field and on your statement that you had applied waste on these
pulls.
Required Corrective action for Violation 3:
Maintain all application fields as required in your CAWMP. Do not apply waste on fields that do not have
the correct crop planted to receive the nutrients applied. Update your IRR 2 forms to show the spray
events on pulls 5 & 6.
Page 2 of 4

Mr. Michael Mckoy
November 1, 2017
Page 2
Violation 4:
Failure to record weekly the waste level in your lagoon on forms approved by the Division. (Permit No.
AWG 100000 Section III 2a).
On September 22, 2017 during your annual routine inspection, it was documented that you did not record
weekly freeboard levels from September 2016 through June 2017.
Required Corrective action for Violation 4:
Continue recording weekly freeboard levels of the lagoon as required by your permit.
Violation 5:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWG100000 Section V 2).
On September 22. 2017 during your annual compliance inspection, the lagoon/storage pond level was
documented at 18 inches of freeboard. A level of 19 inches is the maximum level allowed by your permit.
You had reported the lagoon level of 18 inches on September 21, 2017 by phone. You stated you did not
have a tractor to pull your irrigation system out in the fields to apply waste. It was documented during the
inspection that the application fields should not receive waste application due to the condition they were
in and this was the reason your lagoon was not in compliance.
Required Corrective action for Violation 5:
Continue to follow the proposed actions outlined in you Pian of Action (POA) dated September 22, 2017,
and received in the Fayetteville Regional Office on September 25,2017. Take all necessary additional
steps to insure lagoon levels remain in compliance with Section (V 2) of your permit.
Secure full time use of a tractor to maintain your fields and operate your spray equipment to prevent this
from happening in the future.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before November 30, 2017:
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
3. Documentation that you have secured a tractor to help maintain your waste management system.
Page 3 of 4

Mr. Michael Mckoy
November 1, 2017
Page 2
You are required to take any necessary action to correct the above violations on or before 90 days
from receipt of this letter and to provide a written response to this Notice by November 30, 2017.
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 Resources who may issue a civil penalty assessment of not more
than twenty-five thousand dollars ($25,000) 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 [phone].
Sincerely,
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Debra Watts, DWR Animal Feeding Operations Program
Smithfield
Fayetteville Regional Office WQROS files
Page 4 of 4

N,
November 7, 2017
Mr. Trent Allen, Regional Supervisor
State of North Carolina/Environmental Quality/Division of Water Resources
Water Quality Regional Operations Sections
1636 Mail Service Center
Raleigh, NC 27699-1636
Subject: Response to Notice of Violation
Administrative Code 15A NCAC 2T .1304
Nov — 2017 -DV -0632
Crossbow Farm Facility No 09-94, Permit No. AWS090094
Bladen County
Dear Mr. Allen,
;ticCEIVEDfNCD�QIDWR
NOV 16 x.017
tRegional
4. a,- ".luauy r �a +on
I'm the new managerloperator of this farm. As of August 3, 2017, 1 became the owner. I started to work with the previous
managerloperators in November of 2016 and have relied heavily on their guidance and assistance through this first year of
management. I have learned a lot in this first year and will dandle things differently in the future.
I called Mr. Guyton on September 21, 2017 after I discovered a problem. He was already scheduled to come for an
inspection on September 22. As a result of an inspection completed by Steve Guyton on September 22, 2017, we received
a Notice of Violation from your office. Please see below a response to each violation listed in the Notice of Violation
received on 111712017.
Violation 1: Pit Wall at the center house was leaking waste at the back of house
Response: Due to age of the structure this happened as a result of usual wear and tear of the building. I thought the
wetness I was seeing was due to a recent storm, but discovered a leak a day prior to the inspection. I started draining to
find the problem, but waste had already leaked.
Correction Steps: Repairs have been completed. I used concrete to close the cracks. Where water was going into the
fields, I dammed up the water to stay on the site away to fields or other property.
Prevention: I will monitor for cracks in the future and pay close attention to potential leaks. In addition, I will maintain the
dirt brim I established, in the area I dammed up for the leak. I will timely plant and harvest all crops to keep lagoon levels in
good shape and in compliance with Waste Utilization Plan.
Violation 2: Failure to notify Division of Water Resources of a failure of a component of animal waste treatment
and disposal system that renders facility incapable of adequately storing the water.
Response: I realized the day before the inspection that the wetness was not due to rain fail and called the inspector right
then. Not sure when the leak started due to previous heavy rainfall.
Correction Steps: I now have a better idea of how to access the leakage should this happen in the future and I am aware
that I should call as soon as it's discovered.

Prevention: In the future, I will call Division of Water Quality to report and event as soon as I'm aware there's a compliance
issue with the system.
Violation 3: Failure to maintain a vegetative cover as specified by the Waste Management Plan.
Response: Due to not having a tractor at time to plant, there was an agreement made with the previous
managementloperators to plant the seeds. I was not aware that there was nothing planted in the field when I sprayed.
Previous managementloperator was pulling the reel to the location for me. I did purchase soybean seeds to be planted, but
due to time constraints the previous management/operators were unable to plant the seeds as promised.
Correction Steps: I will make a calendar schedule of when crops to be planted and purchase a tractor.
Prevention: I will plant crops in a timely manner, according to my Waste Utilization Plan to ensure that pumping is in the
correct windows. I plan to purchase a tractor no later than Feb. 2018,
Violation 4: Failure to record weekly the waste level on your lagoon forms
Response: I was unaware that previous managementloperators were no longer maintaining the freeboard records. We
started to keep records in July 2017, one month prior to obtaining ownership.
Corrections Steps: Continue to maintain freeboard records.
Prevention: I will record freeboard levels weekly as required.
Violation 5: Failure to maintain lagoon waste level at 19
Response: My lagoon level was at 18 instead of 19. 1 have an agreement with my uncle (neighboring farm) to pull the reel
out when I need to pump. This problem occurred because of not having a tractor to pull the reel out for myself when it's
convenient for me to pump.
Correction Steps: Currently, I have an agreement with my uncle (neighboring farm) to pull the reel out for me until I
purchase a tractor. I have corrected the lagoon level and plan to be more proactive with pumping, so that the level does not
get so close to 19.
Prevention: I will maintain fecods and be more aware of weather and conditions for pumping. I will keep lagoon low by
pumping when weather is good. I also plan to purchase a tractor no later than Feb. 2018.
As noted above all issues have been addressed and resolved. Thank you for your consideration of these matters.
Sincerely, 'r
Michael V. McKoy, Owner
Crossbow Farm