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090103_ENFORCEMENT_20171231
7 11� March 24, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee 304 Westwood. Drive Elizabethtown, NC 28337-70 Subject: NOTICE OF VIOLATION Ham Hock Farm Facility No. 09- 103 Permit No. NCA209103 Bladen County Dear Mr. Hardee: Michael F. Easley, Governor William G. Ross Jr_ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek F. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit. On March 8, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality responded to a complaint made by a passing motorist about their observations of an irrigation event at the above named facility. According to the complainant on Sunday March 7, 2004, the application equipment appeared to be malfunctioning. The motorist became concerned when the spray gun was still malfunctioning several hours later on their return trip_ DWQ staff arrived early the next day and began to walk the irrigation fields and surrounding woods. The inspection revealed the presence of standing wastewater and moving wastewater exiting the application fields in several locations. Much of the waste was standing along the edge of the woods near the backside of the lagoon. The waste had mixed with the accumulated water at the edge of the field. This water according to Mr. Gale Neal, Operator In Charge for Ham Hock Farm, is present all the time. In another location the waste had exited by following the down slope of the field and then entering the lagoon diversion waterway. This waterway provided the waste a concentrated route into the woods. It traveled along the ditch bottom to the back property line approximately seventy-five yards distant from the field. The woods contained a multitude of waste filled pools of various sizes. The accumulation of the wastewater/freshwater mixture was substantial covering an estimated one -quarter acre of field area and one half of an acre within the woods. It was observed that you immediately began to take corrective actions. REUENR N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, Notch Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Hardee 03-24-04 Page 2 The Operator in Charge, OIC, at this facility is listed as Mr. Gale Neal who is employed by the Prestage Farms Company. Mr. Neal was present on the initial day of discovery and several times during subsequent DWQ follow-up inspections. During questions posed to Mr. Neal about the incident he stated to DWQ Inspectors that on Sunday 7, 2004, he was conducting an irrigation event at Ham Hock Farm. He stated he left the farm to go to another farm near the town of Dublin some estimated 12 miles away. He then stated he had his hogs to feed and other duties to perform which kept him away for some time. When he returned he states the pump had shut off. He said he did not monitor any of the fields nor did he check them at this time but immediately left. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication of waste either agronomically or hydraulically. 2. Inspect spray fields before and during irrigation but in no case less than every 120 minutes to prevent application of waste onto standing water and excessive ponding. Special emphasis should be placed on low-lying sections of fields where wastewater may collect. 3. Never allow wastewater to run-off of the CAWMP approved application sites. 4. Modify application equipment or spray procedures to allow for proper monitoring of all spray events by the OIC or his designee. Submit a copy of the farms CAWMP, freeboard levels for the last six months, and the corresponding spray records, including irrigation monitoring information, through the present date. 6. Please write an explanation of how much waste you estimate was lost and how much material was pumped back into the treatment system. Please describe methods used to determine these totals. 7. Please identify the Operator in Charge who is responsible for this and all other waste applications on this farm. Submit their name and certification number as it appears on their certification to this office. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual permit for the facility. N. C. Division of Water Quality 225 Curer Street -Suite 714 Fayetteville, North Carolina 28301 (910) 486-1541 Fax (910) 48&0707 Am d+tEDE[ R Customer SerAce 1-877-623-6748 f r r Mr. Matt Hardee 03-24-04 Page 3 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. Please provide this office with a written response on or before April 14, 2004 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. ince ly, Paul E. RawIs Regional Water Quality Supervisor LCB:PR/lcb cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Randy Barefoot — Prestage Farms, Inc. Central Files - Raleigh -Z NCOEPM N_ C. Division of Water Quality 225 Green Street -Suite 714 Fayeneville, North Carolina 28301 (910) 48Cr1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Prestage Farms, Inc. April 13, 2004 ®ENR-FRO Mr. Larry Baxley NCDENR-DWQ Fayetteville Regional Office 225 Green Street Systel Building Fayetteville, NC 28301-5043 Dear Mr. Baxley: APR 14 2004 DWQ SUBJECT: Response to the Notice of Violation dated March 24, 2004 for Facility No. 09-103, Ham Hock Farm (P-44). This letter is to provide information requested by your office for Items 5,6,and 7 of the NOV. 5. A copy of the CAWMP, freeboard levels for the last six months, and the corresponding spray records, including irrigation monitoring information are attached. 6. I would estimate that 800 gallons of wastewater was lost. I would also estimate that 700 gallons of wastewater was pumped back into the treatment system. I would also estimate that the wastewater/freshwater mixture as you stated in the NOV was one-third wastewater and two- thirds freshwater. Nevertheless, all water was pumped back into the treatment system. The methods used for the determining the total is merely an estimate. 7. The Operator in Charge is Gale Neal, certificate #23596. Sincerely, w4r__ Randy Barefoot, Director Land and Nutrient Management HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE (910) 592-5771 UTILIZATION P[_m4 ---------------------- Hardee County : Bladeri N .a fie e of Hock Location----- :: 04 Weatwood Lir Elizabethtown NC 28337 Phone- --- - - -- : 910-645-4039 Type Opwration---------------:FAR-FEED Number of Animal ----------- . 1248 Storage st"i arur e---------- ;AnG rQbic Lagoon method of application ------ :10rigation Amount of waste produceo per year---------------- 916? tuna/year Amount of plank available N tee' K pit odue_ed/year-: 8112 lba. /year The wants .from your animal facility must be land applied at a specified mate to pr-vent pollution of surface water and/or - groundwater. The plant nutrients in the animal wsesta should be use to roduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. annual aoll tests are strongly encouraged see that all plant nutrient.: 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 enaur-e that it is applied in an environmentally safe manner: I. Always apply waste based on the need of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. ;moil tykes are important as they have different infiltration rates, leaching potentiala, cation exchange capacities, and available water holding capacities. 3. Normally waste ahall not be applied to land eroding at more than 5 tons per :acre per year. Waste may be applied to land eroding at J or more tone per -acre annually, but lean than 10 Mans per :acre per year providing that adequate filter strips are establlanow. 4. bo not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may in runoff to the surface waterer which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoild drift and downwind odor problems. t. To mawilmi2e the value of the nutrients for crop production and to reduce the potential for pollution, the waste ahould be .applied to a growing crop or applied not more than 10 days prior- to planting a crop or forages breaking dormancy. injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based an the waste application method shown above. If you choose to change methods in the future, you need to revise this. plan. Nutrient- levels for different application methods are not the same. The estimated acres needed to .apply the animal waste is baaad on typical nutrient content for this type of facility. Acreage requirements should be Clammed on the waste analysis report frolfe your waste management. iGcil-ity. Ire aome cases you may want to have Has Hock '.aye plant analysis made, which could allow .additional waste to be applied. Provisions Shall be made for the area recelviag waste to be flexible to an to accommodate -hanging waste analysis content and the crQp type. Ling mustbe applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the re,quirement.a for compliance with 15,E NCAC 2H .0217 adopted by the Environmental Management Commis ion. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lba. N Acres Lbs. N Month to No. No. Type Code !Acre /Unit Used Apply 4755 1- EnA C 6.5 50 - 00 11.83 2845 MAR-OCT 4755 1 EXA L NIA 100.00 * 11 . 8S 1183 S -0, F -M 4755 _ EXA C 6.5 50 -00 5.65 1830 MAR-OCT 4755 2 EXA L N/A 100.00 * 5.63 563 5-0,F-M 4755 .S Na C 5.0 50.00 3.00 765 MAR-OCT 4755 3 Na L NIA 700-00 " 3.06 .306 S-O,F•-M Total 20.5 8452 Available Nitrogen (includes commercial) 6112 Surplus Or Deficit -380 CropCrop-unit A=barley -e}u . L'=l;ermu+Jatgraas <gx•a�w) -tons E=i�ur�: (a i Iage) -tan? F=Cotton-lba. lint Lr=HeSCLte(�I•a�e -tOt1� Ii=Feacu�(-hay)-tuns I=Oata-bu . J=Tye-bu. K=Small grain(graze)-a:-:re L=Small grain (hay) -acre M=Sorghum(grain) -cwt. W=Whnat-bu . Y=Fesc'ue ( pasture) -tones Z=SBDC :soybeans DC-bu . Applyiny the above amount of waste i.3 a big job. You should plan time and have appropriate equipment to apply the waste in a timely mannov. r?,= appl:i,�Yt�Y i�=u.,tl:jn---! tli�t i` -and K ma- Lm= over app' i-d :.+rtkl� Weet.iill� th+•-L F] In ttit future, regulations may is -quir- fai m e i a l,i writ- j:,-ax-ta of N o T th r-3Y-ul i,i1 t0 have a nutr let -,t rit.ar:a9Mlit ,ar,t plan -LI., t a,_;,"rra ea- all nutr-i n t s This plan nIy addrrs J". n itr ogei1 . lii !tit--l.EPifii.=. .=FrlaiI grain etC, interne r-aded in bermudagr.ay.$) , f =,rages Fit -oat be r eFit-ve-d through grazing, hay and/or silage. gr-azing, pl:_ntE should be-- grazed when they reach a h-ight of six to nine- inch-s. Cattle- ahoul,l be removed when plants tyre grazed to a height of four. inches. In fields where small grain a Lc, be removes.) for hay ,�1� si l agc , care � she+uld be - , rci sea not to to let small grain to reach maturity, especially late in the season f l e. April or. May) . Shading may result if small grain gCta too high and thiE will definitely interfere with stand of ucrlr,uda,grass. Th1s to w of stand will r'eault in reduced yiel,da and less nitrog-re being utilized. Rather than cutting small grain for flay or Eil.a,ae just before- h-ading as is the normal situation, you are encouraged to cut th- small grain earli-r. You may want to consider Y,;rv-atiY;g hay or Vil•age two to three times during the -a�ori, depending on tire- xt811 grain is planted in the fall The ideal tiFrt- Lo interplant ant -all grain, Etc, is late September or ear-ly OcLob.-ar. Drilling is over. broadcasting. BerlrtudagraaE should be grazed or mowed to .a height of about twr_t jLnche-- b-.f,ore drilling for be -at results. C;6ution MU t b- exercised in grazing or haying summer annuals under ati--sr.� Nitrate poisoning may occur in liveato k. Saritpling or- hay for nitrate levels is recommenc-led . Ac es shown in the tables are--onside--red to be the usable acres excluding require-d buffers , filter strips along ditches, odd areas ur,abi- tc, b- ii i i��at-d, and peY: irrteter areas not receiving full application rates, due to equipment limitations. Actual total a-r-s i,; the field liated may, and litost likely will be, more than the acres shown in the table. See atta,-h.!d ritap ahowinq the fields to Lie used forr the utilization of animal waute-. SLUDGE APPLICATION: The wastr- utilization plan must contain provision for periodic !.arid applic3tior, of sludge -at -agronomic rates. The sludge will be liutZ'-l-tit. r1., f -il_1 will require pt: ecautionary measures to prevent .appliL':Jti,Dti cf r;utricrltr •F otticr- el-meittE. Your production facility will pf-Cle:'luce. appr6xirnlately 1-2?4 lbs. of plant ay.ailab"lc liltrc- g-n per y,=-ar- in the slud gY. IT you i��-,nc,v- slUC!ge ev-xy i ye-ars, you will have Eipproxiniataly G-'10 1LE,- of P.N to utilize. a,szuiitirig you apply this PAN to �,5'b>`id },-rrrtiYd_Igrass hayl;and at the rate of 300 lb A. of nitrogen per acre -..you will Heed 211 acres of land. If you apply the Lo -,ai i; -,t- Lhe- rat_ of 1-25 lbs. of nitrogen per acre_, you wiil tree=! 50 GCr'ea of ld. Please bt= aware that these re ,J,IIy e-ztilrlyteliof the-! PA14 and land deeded. Actual requii:errtetlt� Could vary by i'`,">. diep-riding :m y,aur aludg� waate :a►ialy!zi.&,, i�soi.l nd ,pplicatiot, methods. Ham Hook Page 4 nPPLICATION OF WASTE BY IRRIGATION The irrigation :application rate should not exceed the intake rate ;f the email at Itsµ time 01 irrigation such that runoff or ponding wn-ufs. This noto in limited by initial awil moi :tare content, Lail atructupe, soil teNtur=, water droplet size, and organic solids. The _ ppl i ca ► lon Qfi Aunt L]" ou l d not exceed the available_ Water holding op. sit; of the 2wil at the time of irrigation nor nhould the plant available nitrogen applied exceed the nitrogen need of the crop. If qurf ce irrigation is the method of laird 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 tableg. Failure to apply the recommended rites and amounts of nitrogen shown in the table may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract Field Soil Crop Applic Applic IRR-2 No. No. Type Rate.. Amount PAN Qn/hr) (in(s)) LLS/A% 4755 1 ENA C 0.35 110 325 4755 1 E_ A L 0.35 1.0 loci 4755 2 EMA C 0.35 1.0 325 4755 2 ExA L 0- V. 1 .0 100 4755 3 Na C 0.40 1.0 250 4:55 j Na L 0.40 1.0 1'� 0 This is the maximum application amount allowed for the soil assuming the .amount of nitrogen allowed for the Crop is not over applied. in many situations the application amount shown cannot be applied be=al.se a -Lhe nitrogen limitation. The maximum application smount shown can be applied under optimum Soil oonditiona. Your f�_,cillty i-- de -signed foi' 180 dQya cf temporary storage and trl'_D atD 2t-ga Must be r',-7-7itorved On the Vera e_ of once ev,_-17I G iitonth In ]io in!�-Lance should the vulurrte- of the waste be Stored in yj=ur atructur-, within; the '2 year 4 ttour storm stora-�ie ur aiie focit .Df f.r e-bc ter 7-xcr-ptt. in th,_ event �f the �� y� ar '��} hour Eto,3: ifI. It -LE the- i eap,_Dna:Lbil ty of th- pr.Ddui,-:-Y and wa to applic,at,=r tQ. *='lSa LiL ;-7- r-h-fit t17 :-: spy i---adaar" t.�-qu ipittai it i E, --lper'at,-r-d1�� pi,:jper ly to � a pp 11 V t r7- Co.- r-ec-t r'«tr-'� t%.J tri'u _ rjc C"�. r7<<wn J_n the tab l'_'�. Fa3fure to apply th- rate and--3mounte =,i nitrogc—n shown in th•- Lablei ift•3y fit aIIe this plan invalid. "all vour t"oriiiical apecialiat after you receive the waat� analv.ais report for aasist3nce in ,determining the amount of waste per -�icre- and the pr'oper appll.-ati n rate prior to applying the Wa_�t-. NARRATIVE OF OPERATION cereal rye should be planted by October 15. The last animal waste application is to b- applied to ti"Ie bermuda prior to August -1. An ap,plicatitari f 50 lhs/ac (PAN) can be applied between Sep 15 & Oct 31. An additional 50 lbsJac (PAN) may be applied in Feb -Mar. A harveat iy requires-d priiDr to heading or April 7, which ever comes firzt. } Page 6 WASTE UTILIZATION PLAN AGREEMENT Name vf Farm: Hart Hock Jwne lMana er Agreement 1 wE) undar-st=and and will follow and implement the specif icatiot-t.s and the operation and maintenance procedures' established in the approved .animal wgvt- utilization plan for the farm reamed above. 1 toe) know that any espanaian to the existing de ign capacity of the waate treatment .and storage system or construction of new facilities will require a now certifi_aticn to be submitted to the North E-.ayolinG bi'viaion of Water duality (NCDWQ) before the he animala are Et:�.�:i ed- I (we) also u11�,..1�`Y"atand that there mu :t he no dianharg•e wi "imal b}n8ter from this nyatem to the a,urface waters of the Mats from .a storm went leas aevere than the 25-year, 24- hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Suil and Water Conservation District .and will be available for review by NCDWf1 upon request. Name of Facility C;wner : tl.att Hardee (Please print) signaturn. G4 (�{� '— ` gate: �� [rJ �J / Name of Managar(Ii different from owner) : Signature: Name oZ Person Preparing Flan: 'Please print:) f-ideation: Preatage Farma, Inc. ddrenn. P tD Box 438 Clinton NC 28329 Date. G. Glenn Clifton Phone: 910-592-4 76 Ext. 249 Rignature: 7r1Date' 2 f L7 1c, K4-'4B 09/06/03 49 09/13/03 47 09/20/03 43 09/27/03 42 10/04/03 41 10/11 /03 41 10/18/03 38 10/25/03 38 11 /01 /03 37 11 /08/03 37 11 /15/03 36 11 /22/03 35 11 /29/03 34 12/06/03 33 12/13/03 31 12/20/03 30 12/27/03 28 01/03/04 27 01/10/04 27 01 /17/04 27 01 /24/04 26 01 /31 /04 24 02/07/04 24 02/14/04 23 02/21 /04 21 02/28/04 23 03/06/04 28 03/13/04 29 03/20/04 29 03/27/04 28 04/03/04 28 04/10/04 27 TPA rr4r Form IRR-2 REPORT DATE: Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # 1 4755 Lagoon Irrigation Fields Report 14/2004 One Form for Each Field per Crop Cycle 1 A-RO I FARM NAME OR #: P44 1.06 PRESTAGEti ARMS ItVC,(rs 4651 TAYLOR'S BRIDGE RQ CLINTON NC 28328 (910)-592-5771~� Irrigation Operator GALE NEAL Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 325/100 Crop Type Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Cate Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN " (gal/min) (gallons) (gallacre) (Ibs11000 gal) (lbslacre) (lbs/acre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)11000 See (11) Below 316104 1 11:00 AM 12:30 PM 90 4 55 19,800 1 18,679 2.50 46.7 , 53 HOURS LEFT TO PUMP NUTRIENT NEED Or 0.79 19 800 CROP CYCLE TOTALSNUTRIENT EXCESS 47 (+) ON ENTIRE FIELD USING THE (-� CURRENT SAMPLE ANALYSIS AC. INJACRE -HOURS LEFT TO PUMP --caution should betaken when using this estimate as It approaches zerol This is an estimate and factors such as changes In application rates (gpm) and fluctuations in lagoon analysis (especially during winter months) may cause it to be incorrectl Failure to allow for such changes can cause over applicationsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operator's Signature 1 of 1 TF4755 Form IRR-2 _ _ Lauoon Irripation Fields Report REPORT DATE: 4/14/2004 One Form for Each Field per Crop Cycle 1 Field # 1 B-RO FARM NAME OR #: P44 Fields Size (acres) = (A) 1,04 FARM OWNER: Pf2ESTAGE;FARMS;:INC Irrigation Operator GALE HEAL Owner's Address !4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON NC _ 28328 Address Owner's Phone # (910)-592-5771 Operator's Phone # From Waste Utilization Plan Crop Type RYE OVERSEED Recommended PAN 100 325/100 I Loading (Ibslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN " (gallmin) (gallons) (gallacre) (lbs11000 gal) (Ibslacre) (Ibslacre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9u1000 See (11) Below 316104 1 1:30 PM 1 3:00 PM 90 4 55 19,800 19,038 2.50 47.6 + 52 HOURS LEFT To PUMP ON ENTIRE FIELD USING THE 1.7 Or O.T7 19,800 CROP CYCLE TOTALS 48 {+) NUTRIENT NEED {-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE -" HOURS LEFT TO PUMP — - caution should be taken when using this estimate as it approaches zervl This is an estimate and factors such as changes In application rates (gpm) and fluctuallons in lagoon analysis (especially during winter months) may cause it to be incorrectt Failure to allow for such changes can cause over applications! (9) NCDA Waste Analysis or Equivalent or MRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operator's Signature 1 of 1 n rtr T Form IRR-2 REPORT DATE: f Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # 4755 Lagoon Irrigation Fields Report 14/2004 One Form for Each Field per Crop Cycle 1 C-RO FARM NAME OR #: P44 1.04 PRSTAGE FARMS'yINC,r F,"Z" Irrigation Operator (GALE NEAL 4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON NC 28328- Address (910} 592-5771 Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 325/100 Crop Type Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN ' (gal/min) (gallons) (gallacre) (lbs11000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 7/(A) See (9) Below (B)x(9)11000 See (11) Below 3/4/04 1 6:15 AM 1 7:45 AM 90 4 55 19,800 1 19,038 2.50 i 47.6 + 52 i.(-) HOURS LEFT TO PUMP ON ENTIRE FIELD USING THE 1.7 I Or 0.77 19,800 CROP CYCLE TOTALS 48 '(+) NUTRIENT NEED NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC, INJACRE — HOURS LEFT TO PUMP - caution should be taken when using this estimate as it approaches zero! This is an estimate and factors such as changes in application rates (gpm) and Fluctuations in lagoon analysis (especially during wirier months) may Cause It to be Incorrect! Failure to allow for such changes can cause over applicatlonsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value rec)eved by subtracting column (10) from (8). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operators Signature 1 of 1 i TPnr-T0 Form iRR-2 REPORT DATE: l Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owners Phone # 4755 f Lagoon Irrigation Fields Report 14/2004 One Form for Each Field per Crop Cycle 1 D-RO --I FARM NAME OR #: P44 1.04 PRESTAGE:FARMS'INC a m` s '#- 4651 TAYLOR'S BRIDGE RD CLINTON NC 28328 (910}692-5771 Irrigation Operator IGALE NEAL Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 325/100 Crop Type Loading (Ibslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN " (gallmin) (gallons) (gallacre) (lbs11000 gal) (Ibslacre) (Ibslacre) (3} (2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)l1000 See (11) Below 316104 j 7:15 AM 8:45 AM 90 I 4 55 19.800 1 19.038 2.50 47.6 + 52 HOURS LEFT TO PUMP 1.7 or 0.77 19,800 CROP CYCLE TOTALS 48 (*) NUTRIENT NEED ON ENTIRE FIELD USING THE (-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INIACRE "' HOURS LEFT TO PUMP — - caution should be taken when using this estimate as it approaches zerol This is an estimate and factors such as changes 4n application rates (gpm) and fluctuations In lagoon analysis (especially during winter months) may cause it to be Incorrecil Failure to allow for such changes can cause over applications) (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by Subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operators Signature 1 of 1 s i TP Ar14 T Form IRR-2 REPORT DATE: I Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # Crop Type (1) (2) Date Start mmlddlyr Time 7-4755 Lagoon Irrination Fields Report 14/2004 One Form for Each Field per Crop Cycle 1 E-RO FARM NAME OR #: P44 1.04 4651 TAYLOR'SµBRIDGE RD iCLINTON NC 28328 i(910)-592-5771 (3) End Time 317104 1 12:30 PM 1 2:00 PM Irrigation Operator GALE NEAL Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 I 3251100 I Lnadinn flhslarrAl = IR1 I I Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance Minutes Operating per Acre PAN " (gailmin) (gallons) (gallacre) (lbs/1000 gal) (lbslacre) (lbs/acre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9}11000 See (11) Below 90 4 55 19,800 1 19,038 2.50 1 47.6 + 52 HOURS LEFT TO PUMP 19,800 48 (+) NUTRIENT NEED ON ENTIRE FIELD USING THE 1.7 Or 0.77 CROP CYCLE TOTALS (-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE "'- HOURS LEFT TO PUMP - caution should be taken when using this estimate as it approaches zerol This Is an estimate and factors such as changes in application rates (gpm) and fluctuations in lagoon analysis (especially during winter months) may cause It to be incorrectl Failure to allow for such changes can cause over applicationsl (9) NCDA Waste Analysis or Equivalent or MRCS Estimate, Technical Guide Section 6 (I 1)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each Irrigation eve Owners Signature Certified Operator (Print) Operator's Signature loft 4 , • TPA r'r -M Form IRR-2 REPORT DATE: ! Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # FLagoon Irrigation Fields Report i 14/2004 One Form for Each Field per Crop Cycle 1 F-RO FARM NAME OR #: P44 1,04 f?RESTAGE;FARMS.; Nq 4651 TAYLOR'S BRIDGE RD CLINTON NC 28328- I(910)-592-5771 V Irrigation Operator GALE NEAL - Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 32511000 Crop Type Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN ' (gallmin) (gallons) (gallacre) (lbs/1000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 71(A) See(9)Below (8)x(9)11000 See (11) Below 317104 3:00 PM 4:30 PM 90 4 55 19,800 19,038 2.50 47.6 + 52 HOURS LEFT TO PUMP ON ENTIRE FIELD USING THE 1.7 Or t1.77 19,600 CROP CYCLE TOTALS 48 l�l NUTRIENT NEED 'I-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE — HOURS LEFT TO PUMP -- caution should be taken when using this estimate as It approaches zero! This is an estkmale and factors such as changes In application rates (gpm) and fluctuations in lagoon analysis (especially during winter months) may cause It to be incorrect! Failure to allow for such changes can cause over appllcallonsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enler the value recleved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operators Signature 1 of 1 x w r•-r t- r Form IRR-2 REPORT DATE: Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # 4755 1 Lagoon Irrigation Fields Report 14/2004 One Form for Each Field per Crop Cycle 2A-RO FARM NAME OR #: P44 1.13 PRESTAGE FARMS INC ' y," Irrgaton Operator GALE NEAL 4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON NC 2832& Address (910)-592-5771 I Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 325/100 Crop Type Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mm/dd/yr Time Time Minutes Operating per Acre PAN ' (gal/min) (gallons) (gallacre) (lbs/1000 gal) (Ibs/acre) (Ibs/acre) (3)-(2) (6)x(5)x(4) 7/(A) See(9)Below (8)x(9)11000 See (11) Below 2/10/04 11:00 AM 12:00 PM 60 4 55 13,200 11,681 1.90 22.2 + 78 2/23/04 8:00 AM 9:00 AM 60 4 55 13,200 11,681 1.90 22.2 + 56 HOURS IRE FIE PUMP � 5- I CROP CYCLE TOTALS �J"li1 NU TENT EXCESS ON ENTIRE FIELD USING THE 2.5 Or 1.08 (-} NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INIACRE """ HOURS LEFT TO PUMP " ' -caution should be taken when using this estimate as it approaches zerol This is an estimate and factors Such as changes in application rates {gpm) and fluctuations in lagoon an6ysis (especially during winter months) may cause it to be incorrect! Failure to allow for Such changes can cause over applicat+onsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 Owner's Signature (11)Enter the value recleved by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) form column (11) following each irrigation eve Operator's Signature 1 of 1 TPA r•t 40 -- Form IRR-2 REPORT DATE: / Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owners Phone # 4755 Lagoon irrigation Fields Report 14/2004 One Form for Each Field per Crop Cycle 2B-RO FARM NAME OR #: P44 1.13 4651 TAYLOR'S BRIDGE RD CLINTON NC I288328- 1 (910)-592-5771 Irrigation Operator GALE NEAL Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 325/100 Crop Type Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 0 1) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN (gallmin) (gallons) (gallacre) (Ibs11000 gal) (lbslacre) (lbslacre) (3)-(2) (6)x(5)x(4) 7/(A) See (9) Below (8)x(9)11000 See (11) Below 2110l04 12:00 PM 1:00 PM 60 4 55 13,200 11,681 1 A0 22.2 + 78 2/23104 10:00 AM 11:00 AM 60 4 55 13.200 11.681 1.90 22.2 + 56 HOURS LEFT TO PUMP 26.400 CROP CYCLE TOTALS (+) NUTRIENT NEED ON ENTIRE FIELD USING THE 2.5 Dr 1.08 •(-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE — HOURS LEFT TO PUMP — - caution should be taken when using this estimate as It approaches zero! This is an estimate and Sectors such as changes in application rates (gpm) and fluctuations In lagoon analysis (especially during winter months) may cause it to be incorrect! Failure to allow for such changes can cause over applicaticnst (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irdgafion eve Owner's Signature Certified Operator (Print) Operator's Signature 1 of 1 .� TPnrr0 Form IRR-2 REPORT DATE: / Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # � 4755 Lagoon Irrigation Fields Report 1412004 One Form for Each Field per Crop Cycle I 2C-RO I FARM NAME OR #: P44 1.13 PRZrSTAGE FARMS ,INC � 9 � , ,; - irrigation Operator GALE NEAL 4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON NG 28328- Address �(910)-592-5771 Operator's Phone # From Waste Utilization Plan Crop Type RYE OVERSEED Recommended PAN Loading (lbs/acre) = (e) 100 325/100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmlddlyr Time Time Minutes Operating per Acre PAN (gal/min) (gallons) (gal/scre) (lbs11000 gal) (lbslacre) (lbslacre) (3}(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9u1000 See (11) Below 2124/04 1 8:00 AM 1 9:00 AM 60 4 55 13,200 1 11,681 1.90 22.2 + 78 HOURS LEFT TO PUMP I o,LUU 66 {1) nU I K L:N I rvceu ON ENTIRE FIELD USING THE 3.5 or 1.51 CROP CYCLE TOTALS (-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE — HOURS LEFT TO PUMP'•' -caution should be taken when using this estimate as it approaches zerol This is an estimate and factors such as changes In application rates (gpm) and fluctuations In lagoon analysis (especially during winter months) may cause it to be incorrect) Failure 10 allow for such changes can cause over appllcatlonsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each €rllgation eve Owner's Signature Certified Operator (Print) Operator's Signature 1 of 1 TP ^ rr 4# — 4755 } Form IRR-2 Lagoon Irrigation Fields Report REPORT DATE: 4/14/2004 One Form for Each Field per Crop Cycle I Field # I 2D-RO FARM NAME OR #: P44 Fields Size (acres) _ (A) 1.13 FARM OWNER: PRESTAGI .FARMS,�ING ; �; q ±ka���83218 irrigation Operator GALE NEAL Owner's Address 4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON NC Address Owner's Phone # (910)-592-5771 Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 —[---3251100 Crop Type Loading (Ibslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mmldd/yr Time Time Minutes Operating per Acre PAN (gailmin) (gallons) (gal/acre) (lbs/1000 gal) (lbs/acre) (Ibslacre) (3}(2) (6)x(5)x(4) 7/(A) See (9) Below (8)x(9)/1000 See (11) Below 2/24/04 1 9:30 AM 10:30 AM 60 4 55 13,200 11,681 1.90 22.2 + 78 HOURS LEFT TO PUMP 13,200 3.5 or 1.51 CROP CYCLE TOTALS I i 22 '(+J NUTRIENT NEED '(-) ON ENTIRE FIELD USING THE NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INIACRE "- HOURS LEFT TO PUMP — - caution should be taken when using this estimate as it approaches zerol This is an estimate and factors such as changes in application rates {gpm) and fluctuations in lagoon analysis (especially during winter months) may cause it to be incorrectl Failure to allow for such changes can cause over applications) (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (I1)Enter the value recieved by subtracting column (10) from (6). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operator's Signature 1of1 TPA---" Form IRR-2 REPORT DATE: 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # Crop Type 4755 Lagoon Irrigation Fields Report-- 1412004 One Form for Each Field per Crop Cycle 3A-RO FARM NAME OR #: P44 1.13 PRSAGARMBINCx 4651 TAYLOR'S BRIDGE RD CLINTON NC 28328- (910)-592-5771 Irrigation Operator GALE NEAL Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan RYE OVERSEED Recommended PAN 100 250/100 I nmrfinn (fhelnrrnl = IR] (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mm/dd/yr Time Time Minutes Operating per Acre PAN " (gal/min) (gallons) (gal/acre) (lbs/1000 gal) (lbs/acre) (lbs/acre) (3)-(2) (6)x(5)x(4) 71(A) See (9) Below (8)x(9)/1000 See (11) Below 3/7/04 1 8:00 AM 10:00 AM 120 ' 7 16.3 1 13,692 12,117 2.50 30.3 + 70 HOURS LEFT TO PUMP I J,oa[ nu i rurry r ML) ON ENTIRE FIELD USING THE 4.6 Or 1.03 CROP CYCLE TOTALS (-} NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE ""' HOURS LEFT TO PUMP — - caution should be taken when using this estimate as it approaches zerol This is an estimate and factors such as changes In application rates (gpm) and Fluctuations in lagoon analysis (especially during winter months) may cause it to be Incorrectl Failure 10 allow for such changes can cause over applicailonst (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11)Enter the value recieved by subtracting column (10) from (6). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operator's Signature i of 1 Form IRR-2 REPORT DATE: 1 Field # Fields Size (acres) = (A) FARM OWNER: Owner's Address Owner's Phone # 4755 1 Lagoon Irrigation Fields Report 1412004 One Form for Each Field per Crop Cycle 3B-RO FARM NAME OR #: P44 1.93 PRE5TAG1=iFARMS,:INCw; # 4 Irrigation Operator GALE NEAL 4651 TAYLOR'S BRIDGE RD Irrigation Operator's CLINTON _ ] NC 28328- Address (910)-592-5771 Operator's Phone # From Waste Utilization Plan Crop Type RYE OVERSEED Recommended PAN 100 250/100 Loading (lbslacre) = (B) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Date Start End Total # of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied Nitrogen Balance mm/ddlyr Time Time Minutes Operating per Acre PAN (gallmin) (gallons) (gallacre) (Ibs11000 gal) (lbslacre) (lbslacre) (3}(2) (6)x(5)x(4) 7/(A) See (9) Below (8)x(9y1000 See (11) Below 3/7104 1 8:00 AM 1 10:00 AM 120 12 16.3 23,472 12,162 2.50 30.4 + 70 HOURS LEFr TO PUMP ON ENTIRE FIELD USING THE 4.8 er 1.03 23,472 CROP CYCLE TOTALS 1 30 (.+) NUTRIENT NEED (-) NUTRIENT EXCESS CURRENT SAMPLE ANALYSIS AC. INJACRE HOURS LEFT TO PUMP — - Caution should be taken when using this estimate as it approaches zerol This Is an esllmate and factors such as changes in application rates (gpm) and fluctuations in lagoon analysis (especially during winter months) may cause It to be incorrect! Failure to allow for such changes can cause over applicationsl (9) NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 6 (11 )Enter the value red eved by subtracting column (10) from (B). Continue subtracting column (10) form column (11) following each irrigation eve Owner's Signature Certified Operator (Print) Operator's Signature 1 of 1 .ti NPDES FORM !RR-1 Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner 6 S r2M S Facility Number —�/� Operator �G L Tract & Field # Date Crop (mmlddlyr) Type Field Size (acres) Irrigation Time # Sprinklers Operator 'Weather "Inspections Start Time End Time Total Minutes Operating Initials Code (time) a-�0_0 U a Joa �; 00 L-7 Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 10130'02 Record all inspection times completed during irrigation event Note: if conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse. NPDES FORM IRR-1 Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner Facility Number f �� Operator 6 4= L Tract & Field # Date (mmlddlyr) Crop Type Field Size (acres) Irrigation Time tt Sprinklers Operator "Weather Operating Initials Code "Inspections (time) Start Time End Time Total Minutes .2 A 8:00 :oo j;00 C a- �r-oy `co Q:ao �� `� •oo ,1-dy-oV Q: D I O.' O Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 10/30/02 " Record all inspection times completed during irrigation event Note: if conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse. I NPDES FORM !RRA Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner /L —S' L Nl Facility Number Operator 6-, �: L Tract & IrrigationTime —Inspections " Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 10/30/02 '" Record all inspection times completed during irrigation event Note: If conditions beyond the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse. nF W A r�9P �O G 0 March 24, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee 304 Westwood Drive Elizabethtown, NC.28337-70 Subject: NOTICE OF VIOLATION Ham Hock Farm Facility No. 09- 103 Permit No. NCA209103 Bladen County Dear Mr. Hardee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departrnent of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins. Deputy Director Division of Water Quality You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit_ On March 8, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality responded to a complaint made by a passing motorist about their observations of an irrigation event at the above named facility. According to the complainant on Sunday March 7, 2004, the application equipment appeared to be malfunctioning. The motorist became concerned when the spray gun was still malfunctioning several hours later on their return trip. DWQ staff arrived early the next day and began to walk the irrigation fields and surrounding woods. The inspection revealed the presence of standing wastewater and moving wastewater exiting the application fields in several locations- Much of the waste was standing along the edge of the woods near the backside of the lagoon. The waste had mixed with the accumulated water at the edge of the field. This water according to Mr. Gate Neal, Operator In Charge for Ham Hock Farm, is present all the time. In another location the waste had exited by following the down slope of the field and then entering the lagoon diversion waterway. This waterway provided the waste a concentrated route into the woods. It traveled along the ditch bottom to the back property line approximately seventy-five yards distant from the field. The woods contained a multitude of waste filled pools of various sizes. The accumulation of the wastewater/freshwater mixture was substantial covering an estimated one -quarter acre of field area and one half of an acre within the woods. It was observed that you immediately began to take corrective actions. NCO NR N. C. Division of Water Quality 225 Green Street -Suite 714 Fayenetiille, North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service l-877-623-6148 Mr. Hardee 03-24-04 Page 2 The Operator in Charge, OIC, at this facility is listed as Mr. Gale Neal who is employed by the Prestage Farms Company. Mr. Neal was present on the initial day of discovery and several times during subsequent DWQ follow-up inspections. During questions posed to Mr. Neal about the incident he stated to DWQ Inspectors that on Sunday 7, 2004, he was conducting an irrigation event at Ham Hock Farm. He stated he left the farm to go to another farm near the town of Dublin some estimated 12 miles away. He then stated he had his hogs to feed and other duties to perform which kept him away for some time. When he returned he states the pump had shut off. He said he did not monitor any of the fields nor did he check them at this time but immediately left. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication of waste either agronomically or hydraulically. 2. Inspect spray fields before and during irrigation but in no case less than every 120 minutes to prevent application of waste onto standing water and excessive ponding. Special emphasis should be placed on low-lying sections of fields where wastewater may collect. 3. Never allow wastewater to run-off of the CAWMP approved application sites. 4. Modify application equipment or spray procedures to allow for proper monitoring of all spray events by the OIC or his designee. 5. Submit a copy of the farms CAWMP, freeboard levels for the last six months, and the corresponding spray records, including irrigation monitoring information, through the present date. 6. Please write an explanation of how much waste you estimate was lost and how much material was pumped back into the treatment system. Please describe methods used to determine these totals. 7. Please identify the Operator in Charge who is responsible for this and all other waste applications on this farm. Submit their name and certification number as it appears on their certification to this office. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual permit for the facility. N. C. Division of Water Quality 225 Green Street -Suite 114 Fayetteville, !North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Matt Hardee 03-24-04 Page 3 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. Please provide this office with a written response on or before April 14, 2004 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. ince ly, Paul E. Rawls Regional Water Quality Supervisor LCB.PR/lcb CC" Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Randy Barefoot — Prestage Farms, Inc. Central Files - Raleigh N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville. North Carolina 28301 (910) 486-1541 Fax (910) 486-0707 A Customer Service 1-877-623-6748 Prestage Farms, Inc. March 10, 2004 DENR-FRO Mr. Larry Baxley MAR 16 2004 NCDENR-DWQ Fayetteville Regional Office DWQ 225 Green Street Systel Building Fayetteville, NC 28301-5043 Dear Mr. Baxley: SUBJECT: Response to the complaint dated 3-4-04 for Facility No. NCA209103, Ham Hock Farm This letter is to provide actions taken to correct the problem and to ensure that the problem does not recur. 1. We will repair a leak in our supply hose and sprinkler. 2. We will monitor our irrigation events more often than our permitted two hours. 3. We will reduce our amount applied per irrigation event. Sin I , Randy Barefoot, Director Land and Nutrient Management HIGHWAY 421 SOUTH - R O. SOX 438 - CLINTON, N. C. 28329-0438 - PHONE (910) 592-5771 =a�i=,. r.Cc�.'3:a;...�, ;.'3rr'°'.4..4Y:r".e.-;'�-.� i A'iw . ti'�Ea-`�2t`-�.'....';',�.��diseE��'=�s�_�5';i. :•&> :aK-;.c .t�w 5_..;SS'r.�'�:w ,..i=���` -'.sue? �'...av�£s'�=i«�'�_—.�vis�a:-;.:r_a Type of Visit ID Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit (:) Routine 0 Complaint Q Follow up 0 Emergency Notification O Other ❑ Denied Access .— Date of Visit: ' //-d Time: FacilitV Number J Not Operational 0 Below Threshold Permitted 0 Certified ❑ �Conditionally Certified © Registered Date Last Operated or Above .Threshold: Farm Name: l /sdrrr l7ot,1� �iar0. Count-: B hAw Owner Name: T f f7arrle� _ __ Phone No: ,D Mailing address: _q 0f %Jetftr a,,,Q r•. ve- NC r2Jf33_7- Facility Contact: — Aoar2x/r, gtsre—Title: Xciyd AW- InAJ A Phone No: .90�''t Onsite Representative: Integrator: _ rC Certified Operator: 6a % Operator Certification Number: Location of Farm: [j Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude C�' �• Design Current Design . Current Design Current Swine Capacity Population Poultry capacity Population Cattle Ca city Population ❑ Wean to Feeder I I ID Laver I ❑ Dairy ❑ Feeder to Finish I JE1 Non -Laver I I JE3 Nor: -Dairy ❑ Farrow to Wean Farrow- to Feeder Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons ❑Subsurface Drains Present i.a oon �►rea ❑ S i a� Field Arei Holding Ponds / Solid Traps s y `El No Liquid Waste Management Svstertr Discharges g Stream Impacts 1. Is any discharge observed from any part of the operation? dyes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If dischamr is observed, was the conveyance man-made? dyes ❑ No b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 06ye$ ❑ No c. if discharge is observed. what is the estimated flow in galimin? d_ Does discharge bypass a lagoon system? (if yes, notify DWQ) [Yes ❑ No 2. Is there evidence of past discharge from any part of the operation)? ❑ Yes 2No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Collimfion 8- Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier. I_ Freeboard (inches): .� 0"3/0I Continued acility Number: 09 — IC3 Date of Inspection FT71-o 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes [y] No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El Yes [I No (I( 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? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Auglientign 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? Excessive Ponding ❑ PAN [3Hydraulic Overload OYes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No M. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Rewired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 2l. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? ❑ Yes ❑ No (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? El Yes +ONo 24. Does facility require a follow-up visit by same agency? El Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No FIT No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 'Com�n't�srefe�o u�esstio� +�"++lainan'YES�aus�aandlor a� n u�m�ndatio'�gs or outer cowmen' u � - - ` se draw€nggoffaedity to 6eiter eaplaiia�situat�ons. (use�additto=p�_ :nary}: Field Copy ❑Final Notes viy;ftc-z /rc7rM PCSuff iF Q R GLry.r•pjc�.aIvsp�L}iCI1- OT 4At WC1L{JCL [Lr�� CiraLen fhG-yrl;'c-6 ." X.g�xJ ravrea.f� Lr,trsrfc, Pulaid� le-,2 �..-,ue i O'n r)e- r a/Jo Prc-fC..&A ;P1Tz_ A �Fw oIfd� e. � �.14crb,,j;nj 4sdar�w,4f -Ap.aca. �ss.�s�ccLP,"419c. IcYC`5.06W 6le-a✓ Up10P.e .1 a, ai •� a fCStPif L P�, �4• i Gr,.,, hen ✓ eeD�;�, ryc.�t f e ec�.trFm r'A c w s;, tc . 1 h e. w d, fit it?4� J� a .►!r r+f~ Ja sts i •� Fc. r-i.c. �cr:,,r.a, Qn•1c.1 V:�:lc.Q, � -B��N' f-1,.k. 3.11-vji. Reviewer/Inspector Name Reviewerllnspector Signature: Date: 05103101 I Continued 03/12/2004 14:01 910-592-9552 BROTHER 5750E PAGE 01/02 To" LAfRy 9A f► LE From: RAWN r Fax: Date: Pages (including cover): Subject: IVG 20 0 i 4651 Taylors Bridge Highway P. 0. Box 438 Clinton, NC 28329 . Phone (910) 592-5771 Fax (910) 5920552 03/12/2004 14:01 910-592-9552 BRDTHER 5750E PAGE 02/02 Prestage Farms, Inc. March 10, 2004 Mr. Larry Baxley NCDENR-DWQ Fayetteville Regional Office 225 Green Street Systel Building Faye iE lie, NC 28301-5043 Dear Mr. Baxley: SUBJECT: Response to the complaint dated 3-4-04 for Facility No. NCA209103, Ham Hodc Farm This letter is to provide actions taken to correct the problem and to ensure that the problem does not recur. 1. We will repair a leak in our supply hose and sprinkler. 2. We will monitor our irrigation events more often than our permitted two hours. 3. We will reduce our amount applied per irrigation event. Sin Randy Barelbot, Director Land and Nutrient Management HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C. 28329-0438 - PHONE (910) 592-5771 4 & wADE Michael F. Easley, Governor William G. Ross Jr., Secretary � y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee 304 Westwood Drive Elizabethtown, NC 28337 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Ham Hock Farm Facility Number 09-103 Bladen County Dear Mr. Hardee: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you -made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to'evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled / 10% post -consumer paper http:1/h2o.enr.state.nc.us. A NWDEh'R Location: 512 N. Salisbury St, Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, Paul E. Rawls Water Quality Regional Supervisor cc. FRO CAFO File. 09-103 Non -Discharge Compliance and Enforcement Unit Central Files . 7•r JAMga. ES?B.` H11NT JR. ' GOVERNOR `F lit >PILL HOLMAN ' 4, SECRETARY '.KERB T STEY%N8 / ` DIRECTOR'"} �•i � �JI� s4�.. �y .cC $ rv. h n- ' r' ` A RECS MAR 3 1 2000 FAYETTEVILLE REG. OS--FICE CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee PO Box 189 Elizabethtown, NC 28337 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 17, 2000 SUBJECT: NOTICE OF DEFICIENCY Hain Hock Farm Facility No. 09 -103 Permit No. AWS090103 Bladen County Dear Mr. Hardee: DiViSION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of . the lagoon was reported as 17 inches. General Permit condition V.3 states that 'The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus as additional 1 foot of structural freeboard.". The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam,YVarren, Bladen Co. NRCS , Glen Clifton, Prestage Farms 225 GREEN STREET, SUITE 714 / SYSTEL BLD, FAYETTEVILLE, NORTH CAROLINANA 28® PHONE DIO-4B6.1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRRATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Mr. Matt Hardee PO Box 189 Elizabethtown, NC 28337 SUBJECT: NOTICE OF DEFICIENCY Ham Hock Farm Facility No. 09 -103 Permit No. AWS090103 Bladen County Dear Mr. Hardee: On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 17 inches. General Permit oondifion V.3 states that "The maximum waste level in lagoonststorage ponds shall not exceed that. specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus as additional 1 foot of structural freeboard.'. The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do.not hesitate to contact myself at (910) 486-1541. Sincerely, 1"r, t_�-. Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren, Bladen Co. NRCS Glen Clifton, Prestage Farms 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 91 O-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% PosT-CONSUMER PAPER 9108627419 P-02 FEB-02-00 12:02 PM 252 • FEB. 2. 2WO i i : ,10R1'I El-4VIPC4110ITAL 1.111-;MT IWMA NCDENR f JAMEN 0. mut4T Jw, � �py�RNOR DILL 10146111AN Baca T. 111Trv6Ns P1RLGiOR HARD Wj.1310 P. 2/?- NORTH CAROLINA 0119PARTMENT Oft ENVIRONMENT AND NATURAL RESOURCUS DIVISION OF WATER QUALITY FAYETTIKVILLe REQIONAI- OFFICE �,s BY: DWO Eiepfejentage. _ .- DATE a Via» TIME ti�z For facilities that are identified with waste in their lagoon(s) below the is:vel required to be maintained for structural stab,Tily'but not adequate to aim retain the 25 year, 24 hour rainfall even (typically 12 - 19 Inches): 1. The producer will be required to submit a plan of action within 48 lours to lower and maintain the lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour rainfall event. The plan should be forwarded to the Fayetteville Regional Office: Divfsion of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28314 Phone: 910-486-1541 Fax: 910.486-0707 I 2. DW4 can not and will not condone any discharge of waste from the facility to the surface waters as part of the management plan. 3. DWQ can net and wril not condone the land application of waste at levels above that specified by the facility's CAWMP or in violatfon of any other part of the CAWMP. 4. The producer should consider pump and haul to another facility, that can adequately manage the waste In accordance with its CAWMP, as part of their plan, 5. If the pmducor s plan can not adequately demonstrate the abilipr to reduce the lagoon level below that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or before the lagoon level is projected to rise to a level above that required for structural stability ff less than 30 days) without the removal of animals from the facilities, then removal of animals must be a component of this plan. The number of animals removed must be to a level at which the producer can adequately demonstrate the ability to manage the Ja = level Below the level - needed for both structural stability and the 25 year, 24 hour storm 'event. r NOTEs:_Iacoon bevels �. r =6 aw[MN sTR«T, SUIT[ 714 1 SYST[L ■&a. ►ATtTTt.ILLK, NORTH CA*aLjKA 16301-1647 fHOMso1p-1ls-1ISaI F/�Yl�o.�l6•e7Q7 A •..nW C.. r. n.W. . MNk MrerPk rnll[1%L &nrY.4e0ddLl Mtit &AAWE N N ME �w E4 ot NORTH CAROLINA DEPARTMENT OF �� ENVIRONMENT AND NATURAL RESOURCES NCDENR DIVISION OF WATER QUALITY FAYETTEViLLE REGIONAL OFFICE HAND DELIVERED (FORM B) IAIMES a. HUNT JR. ;OVERNOR TO: `� l . r e 31LL HOLMAN SECRETARY BY: DIN Representative KERR T. STEVENS DATE ��� Q() TIME DIRECTOR For facilities that are identified with waste in their lagoon(s) below the level required to be maintained for structural stability but not adequate to also retain the 25 year, 24 hour rainfall even (typically 12 -19 inches): The producer will be required to submit a plan of action within 48 hours to lower and maintain the lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour rainfall event. The plan should be forwarded to the Fayetteville Regional Office: Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28314 Phone: 91D 486-1541 Fax: 910-486-0707 DWQ can not and will not condone any discharge of waste from the facility to the surface waters as part of the management plan. 3. DWQ can not and will not condone the land application of waste at levels above that specified by the facility's CAWMP or in violation of any other part of the CAWMP. 4. The producer should consider pump and haul to another facility, that can adequately manage the waste in accordance with its CAWMP, as part of their plan. 5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or before the lagoon level is projected to rise to a level above that required for structural stability if less than 30 days) without the removal of animals from the facilities, then removal of animals must be a component of this plan. The number of animals removed must be to a level at which the producer can adequately demonstrate the ability to manage the lagoon level below the level needed for both structural stability and the 25 year, 24 hour storm event. - NOTES;. _ LaQoon Levels FIi-5r_-: ] Q 1 D *1<S GREEN STREET, SUITE 714 / SYSTEL sLO. FAYETTEVILLE- NORTN CAROLINA 28301-5043 rNONE o10-4as-1541 FAX olaaes-0707 �-. �....-� ft �RTLJNITV / Af IFIRRATIVE ACTION EMPLOYER - 50% RECYCLEPl10% rOST-CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 13, 1999 Mr. Matt Hardee P.O. Box 1576 Elizabethtown, NC 28337 Subject: NOTICE OF DEFICIENCY Ham Hock Swine Farm Facility No. 09-103 Bladen County Dear Mr. Hardee: On June 23, 1999, stafffrom the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of Ham Hock swine farm located off State Road 1710 in Bladen County. The inspection revealed that the bermuda crop was improved in most of the areas investigated, however, grass competition was prevalent. In addition, no soil samples had been collected within the last 12 months as required in Section III, no. 3 of your General Permit. Also, in Section III, no. 6, item a of the General Permit you are required to notify the Division of Water Quality whenever the lagoon freeboard is determined to be less than 19 inches. The Division of Water Quality requests that the following items be addressed: 1. Continue efforts to improve the coastal bermuda grass stand and remove the competition grasses. 2. Immediately collect the required soil samples and add the soil ammendments as recommended to help to improve the crop yields. 225 GREEN STREET, SVITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FA% 810-496-0707 AN EQUAL OPPORTUNFTY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED110% POST -CONSUMER PAPER Mr. Hardee Page 2 July 13, 1999 3. As required in your General Permit, notify the DWQ at the appropriate Regional Office when the lagoon level rises into the mandatory freeboard elevation. Attached for your assistance is a complete copy of the General Permit. 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. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Glen Clifton - Prestage Farms attachment 4�v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 13, 1999 Mr. Matt Hardee P.O. Box 1576 Elizabethtown, NC 28337 Subject: NOTICE OF DEFICIENCY Ham Hock Swine Farm Facility No- 09-103 Bladen County Dear Mr. Hardee: On June 23, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of Ham Hock swine farm located off State Road 1710 in Bladen County. The inspection revealed that the bermuda crop was improved in most of the areas investigated, however, grass competition was prevalent. In addition, no soil samples had been collected within the last 12 months as required in Section III, no. 3 of your General Permit. Also, in Section III, no. 6, item a of the General Permit you are required to notify the Division of Water Quality whenever the lagoon freeboard is determined to be less than 19 inches. The Division of Water Quality requests that the following items be addressed: 1. Continue efforts to improve the coastal bermuda grass stand and remove the competition grasses. 2. Immediately collect the required soil samples and add the soil ammendments as recommended to help to improve the crop yields. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHoME olo-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER Mr. Hardee Page 2 July 13, 1999 3. As required in your General Permit, notify the DWQ at the appropriate Regional Office when the lagoon level rises into the mandatory freeboard elevation. Attached for your assistance is a complete copy of the General Permit. Please be advised that this notice does not prevent the Division of Water Quality from taldng 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. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Glen Clifton - Prestage Fars attachment f' O�0F W AT'Fi4oG Michael F, Easley, Governor William G. Ross Jr., Secretary co North Carolina Department of Environment and Natural Resources p Alan W. Klimck, P.E. Director Division of Water Quality 3uly 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Matt Hardee 304 Westwood Dr. Elizabethtown, NC 28337 Re: Notice of Deficiency High Freeboard Ham Hock Farm NCA09103 Bladen County Dear Mr. Hardee: On 1/12/2007, you or an employee of your farm notified the Fayetteville Regional Office Division of Water Quality, as required by the Swine Waste Management General Permit NCA200000 Section III I I (e), that the freeboard level of the lagoon was 16.0 inches, which is less than the minimum required. The General Permit states "The maximum waste level in lagoons/storage ponds shall not exceed that specified In the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard...''. We appreciate your cooperation in self -reporting high freeboards and providing records. Please bear in mind that high freeboards must be reported by phone, email, fax, or personal contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and 48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and thirty (30) days for storage high freeboards. At that time, the situation should be resolved or, upon request, the Division may grant extensions for adverse conditions. Required Corrective Action: At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance remains an issue. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: Aww.ncwaterquality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpporlunitylAifinnative Action Employer- 50% Recycledl10% Post Consumer Paper NorthCarolina Naturally Telephone- (919) 733-3221 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 li ly 11, 2007 Page 2 L Hardee If you are not aware, you now may pump up to eight (8) inches below the "Stop Pump" mark between June 15 and October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met. The Division of Water Quality has the authority to levy a civil penalty of up to $25,000 per day per violation. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to call .loan Schneier at the Fayetteville Regional Office at (910) 433-3333. State email addresses typically are in the format firstname.lastname@ncmail.net. POAs can be found under "Reporting Forms" on the left side of the page, at our website http://h2o.enr.state.nc.uslaps/afou/afou—home.htm Sincerely, 4', ram` Art Barnhardt Regional Supervisor cc: Facility File—09-103 APS Central Files Prestage Farms, Inc. 4e' Irk- A� a NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Matt Hardee Ham Hock Farm (P-44) 304 Westwood Dr. Elizabethtown, NC 28337-0535 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary AQUIFER PROTECTION SECTION November 18, 2010 Subject: NOTICE OF DEFICIENCY Ham Hock Farm (P-44), Facility #9-103 A W S090103 Bladen County NOD-2010-PC-0690/ Incident no.20100325 Dear Mr. Hardee: On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified by Rand)' Barefoot of a high freeboard level the lagoon. We wish to thank Mr. Barefoot for notifying DWQ of this incident. As a result of this incident, 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 Section. 1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of the Swine Waste System General Permit No. AWG100000. On January 26, 2010 a lagoon/storage pond level was documented at 15 inches in lagoon 1. A level of I9 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 One Phone: 910-433-33001 FAX: 910-486-07071 Customer Service: 1-877-623-6748 NorthCai-ol ina Internet: www.h24.enr.state.nc,us ;Vatura !ly An Equal Opportunity \ Affirmative Action Employer ` x..4 Cont. Page Two November 18, 2010 Ham Hock Farm (P-44) Required Corrective Action for Deficiencv 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Ricky Revels or me at (910)-433-3300 Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office ce: Keith Larick - CAFO Unit Bladen County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Prestage Farms, Inc" " Prestage Farms, Inc. November 29, 2010 Mr. Robert Marble Environmental Specialist NCDENR-DWQ Fayetteville Regional Office RECEIVE DEC 10 2010 DENR—FAYETTEVILLE REGIONAL OFFICE Re. Notice of Deficiency for Facilities #09-95 Harold Pait Farm; and #09-103 Ham Hock Farm (P-44). Dear Mr. Marble: This letter is to inform the NCDENR-DWQ Aquifer Protection Section that all lagoon levels at the above facilities were lowered to the required freeboard level within 30 days of POA submittal date. Lagoons were lowered using Best Management Practices and applying effluent at agronomic rates. Please contact me should you need additional information. Sincerely, Randy Barefoot Prestage Farms, Inc. Director, Land and Nutrient Management HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 e PHONE (910) 592-5771 VLV,- NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown, LLC Farm 27 PO Box 856 Warsaw, NC 28398-0856 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary AQUIFER PROTECTION SECTION June 28, 2010 Subject: NOTICE OF DEFICIENCY Farm 27, Facility 409-129 AWS090129 Bladen County NOD-2010-PC-0431/ Incident No. 201000878 To Whom It May Concern: On February 13, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Michael Ammons of a high freeboard level in the lagoon- We wish to thank Mr. Ammons for notifying DWQ of this incident. As a result of this incident; 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 Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No, AWG 100000. On February 13, 2010 a lagoon/storage pond level was documented at 20 inches in lagoon I . A level of 20.4 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St„ Ste. 714 Fayetteville, North Carolina 25301 One Phone: 910-433-3300 L FAX : 910-486-0707', Customer Service: 1-877-fi23-e748 N orthCarolina Internet: www.h20,enr.state.nc.us Naturally An Equal Opporiunirt ..A-fTirmaiive Action Employer Cont. Pap-e Two June 28, 2010 Farm 27 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice; please contact Ricky Revels or me at (910)-433-3300. Sincerely, V Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith L,arick - CAFO Unit Bladen County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC cr - ru -0 Puslage $ ,D Cenifwd Fee O at Return Receipt Fee (Endorsement Required) O E3 Restricted Delivery Fee (Endorsement Required) -=1 Tot.1 Postage & Fees $ r '1 Ln ru ro C ----- a M tree or PD sox No. b-------- xd Cl-------- --- te, Z1P+e p ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MURPHY-BROWN, LLC PO BOX 856 WARSAW, NC 28398-0856 A. Signature G B. Received by( I,isrrreJ C. of �M �O D. !s delivery address different wusv'� If YES, enter delivery addr2 \ 3. Type Certl d Mail ❑ Egress Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Deilvery'7 2 Fee) ❑ Yes 7001 2510 0000 6682 6789 PS Form 3811, February 2004 Domestic Return Receipt 102595 oz-tw-isao Murphy -Brown u. MBE LNM July 20, 2010 ATfN: Robert Marble NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 785 Hwy. 24/50 Warsaw, NC 28398 Subject: Notice of Deficiency Farm 27 (76921), Facility #09-129 AW S090129 Bladen County NOD-2010-PC-0431 / Incident No. 201000878 Dear Mr. Marble, a 1n , Cb RECEIVED Jul. FRO This letter is being sent in response to a Notice of Deficiency letter issued by your office on the above mentioned facility managed by Murphy Brown, LLC. This facility was impacted by chronic rainfall which saturated application fields. These conditions did not allow us to land apply in accordance with permit conditions for a period of time. Instead of land applying in a manner that would have possibly caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as the weather and field conditions allowed, land irrigation resumed. This facility's freeboard was reported back in compliance on 3/12/2010. If you have any questions regarding this matter, please do not hesitate to call me at (910) 289-6087 or email me at michaelammons@murphybrownllc.com. Sincerely, -Watl4 Michael Ammons Environmental Resource Specialist Murphy Brown East Water Resources ENVIRONMENTAL OIIAUTY CERTIFIED MAIL RETURN RECEIPT REQUESTED HD3 Farms of the Carolinas, LLC Ham Hock Farm PO Box 535 Elizabethtown, NC28337-0535 Dear Permittee, PAT MCCRORY DONALD R. VAN DER VAART secretary S. JAY ZIMMERMAN Director September 26, 2016 RECEIVED DEQIDWR SEP 2 6 2016 WQROG FAYETTEVILLE REGIONAL OFFICE Subject: Notice of VioIation/Notice of Intent to Enforce Ham Hock Farm Permit Number: AWS090103 Bladen County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. 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 the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2014PR009559 12/6/2014 180 2015PRO 10433 12/6/2015 180 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" wbo 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 Violation. 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 Cffinlina I Enviromnental Quality I Water Resourecs/Water Quality Regional operations 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 807 6464 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Program staff at (919) 807-6464 or (919) 707-9129. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS090103) WaterResources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles Hardee Ham Hock Farm PO Box 1576 Elizabethtown, NC28337-8337 Dear Permittee, PAT MCCRORY Gm -error DONALD R. VAN DER VAART Secreran S. JAY ZIMMERMAN Uirecror July 8, 2016 RECEIVED DEQIDWR JUL 12 2016 WQROS FAYETTEVILLE REGIONAL OFFICE Subject: Notice of Deficiency Ham Hock Farm Permit Number AWS090 t03 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 1 SA NCAC 2T .0I 05(e) (2) to pay -the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstandinlr: Invoice Number Due Date Outstanding Fee {$) 2014PROO9559 12/6/2014 180 2015 PRO 10433 12/6/2015 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 Carolina J Enviran neertsl Quality I Water Resomoes'Water Quality Rcgional Opetatio 1636 Mail service Center I Ralei4lh, North Carolina 27699-1636 919 M07 6464 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 AWS090103) �s n' 1. Waste along the woods edge still ponding after several days clean-up efforts. 2. Area where waste had stood and was still ponding after seven days. r � 07 4 _ tip '