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090107_ENFORCEMENT_20171231
DENR+ State of North Carolina Department of Environme and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director 7 (6 2001 &4je k !Q : I"' .�► Oak D E N R July 11, 2001 BOB LIVINGSTON THE TURNBULL COMPANY LLC. 2050 GUM SHAW ROAD WHITE OAK NC 28399 SUBJECT: Acknowledgment Receipt Letter Case # PC 00-016 F -107 Qaywood ounty Dear Mr. Livingston: This letter is to acknowledge receipt of your check # 7402 in the amount of $653.04, received from Bob Livingston on July 9, 2001. This payment satisfies in full the civil assessment in the amount of S653.04 levied against The Turnbull Company, LLC. and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. cc: If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Jeff Poupart, Supervisor �f Nan -Discharge Compliance & Enforcement Fayetteville Regional Office Enforcement/Compliance Files PC 00-016 Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Michael F. Easley, Governor W i I I i am G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 8, 2005 Mr. Bob Livingston Turnbull Company Farms, LLC 2019 Dowd Dairy Rd. White Oak, NC 28399 RE: Acknowledgment of Receipt of Payment Case No. DV 03-041 Turnbull Company Farms, LLC Bladen County Dear Mr. Livingston: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED FEB .10.2005 00w FAME MLLE REGOMLOFRGE This letter is to acknowledge receipt of your check No. 11445 in the amount of $4,534.44 on February 4, 2005. This payment satisfies in full the civil assessment in the amount of $4,534.44 levied against Turnbull Company Farms, LLC and the case has been closed. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Larry Baxley, Fayetteville Regional Office File # DV 03-041 Central Files File No. 9-107 l��ttCarolina �/Vatura!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: htty-1/h2o.cnr,statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100/. Post Consumer Paper State of North Carolina RECENED Department of Environmen and Natural Resources 'JUL 1 3 2000 Division of Water Quality FAYETTEVILLE James B. Hunt, Jr., Governor REG. OFFICE Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED BOB LTVINGSTON THE TURNBULL COMPANY, LLC. 2050 GUM SHAW ROAD WHITE OAK, NC 28399 Dear Mr. Livingston: NCDENR NOR7ri CARouNA DEPARTMENT OF ENv[RONMENT AND N.aruRAL. RzsoURCES May 23, 2000 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of Animal Waste Permit AWS090107 Farah 09-107 Biaden County File No. PC 00-016 This letter transmits notice of a civil penalty assessed against Turnbull Company Farms, LLC- in the amount of $653.04 including $153.04 in investi-alive costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include ivaiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). ,Wailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Afrmative Action Employer 50% recycled / 10% post -consumer paper http://h 2o.enr-state.nc.its Please submit payment to the attention of: Ms. Coleen Sullins NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 rQ 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the - reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses. the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. -You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions- PIease submit this information to the attention of: Mr- Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 r' Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter I50B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Joe AIbiston at (919) 733-5083, ext. 58I or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments = Public Information Officer w/ attachments STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ) W. ROBERT LIVINGSTON, JR. AND } THE TURNBULL COMPANY, LLC ) FOR VIOLATIONS OF CONDITIONS } OFNONODIS CHARGE GENERAL PERMIT) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 00-016 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FI11;DINGS OF FACT: A. The Turnbull Company, LLC owns and operates the Turnbull Company Farms, LLC, a swine operation in Bladen County. W. Robert Livingston, Jr. the registered agent for The Turnbull Company, LLC. B. W. Robert Livingston, Jr. obtained Certificate of Coverage AWS090107 under General Permit AWG 100000 on June 26, 1998, effective June 26, 1998, with an expiration date of April 30, 2003. C. Condition No. V. 3. of the "General Conditions" of the issued permit states in part that "The maximum waste Ievel in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (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." D. The 25-year, 24-hour storm event for the facility's location is between six and a half (6.5) and seven (7) inches according, to the National Weather Service, Technical Paper 40, RainfaIl Frequency Atlas of the United States, 1961. E. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the issued permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. F. In accordance with their permit, Turnbull Company Farms, LLC notified the Fayetteville Regional Office on January 28, 2000 that the waste levels of the lagoons were seven (7) and eighteen (18) inches. G. The costs to the State of the enforcement procedures in this matter totaled $153.04. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. The Turnbull Company, LLC and W. Robert Livingston Jr. are "persons" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-2I5.1. C. Turnbull Company Farms, LLC violated Condition No. V. 3. of General Permit No. AWG 100000 by failing to maintain the liquid level in the lagoon at the level specified in the CAWINIP. D. The Turnbull Company, LLC and W. Robert Livingston, Jr. may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars (S I0,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-2I5.1. E. The State's enforcement costs in this matter may be assessed against The Turnbull Company, LLC and W. Robert Livingston, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: The Turnbull Company, LLC and W. Robert Livingston, Jr. is hereby assessed a civil penalty of: $ 'go o ; O o for violating Condition No, V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ So 4 . p 0 TOTAL CIVIL PENALTY, which is S percent of the maximum penalty authorized by G.S. 143-215.6A. $ 153.04 Enforcement costs $ S , o L-% TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting, from the violation; (2) The duration and gravity of the violation; (3) The effect on around or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality Nov Or 00 03:05a Sonya Barber 810-B45-6758 I p.6 Tumbull Company Farms, LLC 2050 Gum Shaw Road White Oak, NC 28399 February 1, 2000 ATTN: Jeffrey Brown Dividoa of Water Quality M Grow Street Suite 704 Fayetterrs'Qe, NC 28314 Dear Jeffrey, To cvmpiy with the moat roeeot DMdon of water Qaality PO&CY, flue letter i$ to inf M you of the freeboard levels at Twmbufl Company Farm The recent cold and weather ban prevented safe irrWhon and the precVtdion amoub bmR►e exceeded' l0 inches the past two weeks. The lagoon kvds after transfenng liquid is tppmximately IS" and 12' . is has been verified by an accumtc meawring dense The following plan of action has been red to tower acrd maintain the lagoon levels below the required 19" freeboard. \ Mfg lager levels an a duly basis. * Monitoring and minimiziag fresh water usage wiRltm the farm to prevent additional awxmAxtion ofliquid in lagoons. * Retaking as mach lagoon liquid in the pit recharge b� as possible to reduce lagoon• level& * Irrigating as soon as possible on the driest sprayfields evadable at the farm using fi-equent and light applications to reduoe potential for Rum -off or ponding. * Placing dirt M is the low area of the lagoon dries located on the east side where the lagoons share a oommon duce, if this becomes oecema y. We arc cemmhted to operating k as tavirommr�tslly safe manner smd wM do all that is possble to krwres and maintain the laioar levels at an appropriate level If there are addnkiomal pmctic= whim you roeommael, phase cm ad me at (910) 966-5393. &MCIMY1 W. Robert Livnrgst A Jr. TurnIsA ComV any Farms, LLC 5 i a w Nov Ol 00 03:06a Sonya Barber 910-645-6758 p,8 � HLr"est Net, Inc. Agrl-Managmwnt Services P.U. aaa 32 Comd% NC 28434 MO) 64S"758 ' March 31, 2000 ATTN: Jeffrey Brown Mwen of Water Qual Y 225 Careen Sty Suite 714 Fayetteville, NC 29301-5043 Dear Mr. Brown, This letter is an behalf of Tnmbull Company Fames,, LLC. As waste mamagemcatt oanwhant far this farm, I feet it necessary to write to you after our phone caraveasation yesterday to further evlma the argument assfiM the Notice of Vio1x>a M issued to this farm an IMurb 2O, 2000. As was reported on January 28, 2000, the lagoon freeboards ware 7" and 18". These Levels were add in imnw&aIdy after a 6-8" rain Mowed by 6" maw. Tram*r of liquid was performed to attain the strudmal freeboard and resulted in levels of 12" and 15". Per ow conversation when repotting these levels, the Flan of Adios was mabmhted to follow the procedure fia lagoamn wither the 12-ISr freeboard level, rather than the Iem than 12" level Consistea:cy in DWQ procedure world then have mmuhcd in a Notice of Deficieney issued to Turnbull Co. rather than an Notice of Vta dative of FAfOroement. Fbrthernnore, I lmow of at least one cast of an mipeator from another DWQ regional OfOe recently 8Im8 a Notice of I36da ey in the =ad saw ehaation, In this particalar c the prod wer had three lagoons, one with 8" and two with 19" freeboard. The inspector instructed the produce to I i - ; 6er Squid to mainuin the sbucbnral freeboard in all lagoons. A Notice of Deficiency was imedto this fmm This is what was expected to happen in the W uatmm with TkmW Farms. The January DWQ policy and prooe&m mvoh mg lagoon freeboards was new and no prvdnver was swore of the am ontsegwenees ofb ft within the sttuctural fi eeboard. As Tm mbuff Co. has the capacky to tramsf+tr higaid at any time from one lagoon to another, the levek would m m certainly have been maimed &ftrently prior to the rains It is as diffimh to letedict rainfall amounts as it is to prodkt new DWQ policy chaanp& But, Mr. Lwmgeton is very concerned with his conVF=ce racmd and wm M have been in the rain Nov at 00 03s06a Sonia Barber 910-645-6758 p.9 madming liquid had be redvad that h was oeoessary to prevent a Noiim of Vio]atim; or EaRnoem d Acbm A number offnctors go into the d«imams made during lagoon management and one of the most important is regulatory camsequmom In this case, and many udws, Producers were not given the infimntion neoeswy to make the best management decisions prior to the policy changes. Considerbg these facts, we maiatsin the poWfim that Ti r6a Company Farms should not be issued a Notice of Viohtimi or F.:afomaemcut Action but a Notice of Defdescy instead. Tumbull COUTM Farms a not Ong for leniency in this situation, mly that eonistency and f mere be used in ding what DWQ acfims are ttken. We skcaraly► gvrecWe yvirr WnAdwWon in this mattes. I would be oWSed to speak with you or anyone widtin DWQ couoem S this shnatin_ • • NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD WASTE TREATMENT LAGOON (Number) Code-359 DEFINITION An impoundment made by excavation or earthfill for biological treatment of animal or other agricultural waste. PURPOSE To biologically treat organic waste, reduce pollution, and protect the environment. CONDITIONS WHERE PRACTICE APPLIES This practice applies where: (1) an overall waste management system has been planned; (2) waste generated by agricultural production or processing needs treatment; (3) soils are suitable for retaining the waste or can be sealed; and (4) where livestock are concentrated. This standard establishes the minimum acceptable requirements for design, construction, and operation of waste treatment lagoons. Embanianents are limited to hazard class (a). EXHIBIT S E 359-1 This. standard does not apply to .waste storage ponds or to waste storage structures. _ CRITERIA Location. The lagoon should be located near the source of waste and as far from neighboring dwellings as practical. If possible, locate the lagoon where prevailing winds will carry odors away from residences and public areas. Runoff from outside drainage areas should not enter the lagoon. The lagoon shall not be located in a flood plain unless it is protected from inundation or damage by a flood event that occurs once every 25 years. Minimum distance from wells and other water sources must be in compliance with state and local ordinances. It is the responsibility of the designer to ensure that current state and local distance requirements are met. The following table shows minimum distances. Conservation practice standards are reviewed periodically, and updated if needed To obtain the current version of this standard, contact the Natural Resources Cortservation Service Computer File:359.doc/dir% in%vord/cooper/tech NRCS, NC DECENBER, 1996 Rev. 3 359-2 Minimum Distance Table for all Animals Except Swine Facilities Sited Under General Statute 106-801 thru 805 Public or Private use Facilities ' I ' . Minimum Distance From Facilities operation existing prior to 04/15/87 (No enlargement) New operation or existing operation No increase in SSLW) that is enlaraina SSLW i Any public use area, church, picnic area, playground, etc: = 300 Ft' 750 Ft. .... . Residence or place of habitation other than owner or his tenant 300 Ft. 750 Ft 100 Ft. minimum - General Statutes Wells For Human Consumption) 87-87 and 87-88. 152AK0107 a)(1 (c) Area specified by state or local ordinance Greater of stafellocal or MRCS distance shown above. Perennial Waters 1 100 ft New or Expanding Operations) I SSLW - Steady State Live Weight = Ave. %vt_ per unit s no. of units a@ capacity Any exception to the above distances must be approved by the ASTC(FO) with concurrence from the State Conservation Engineer. The 750 ft. minimum distance must exist the day of the site investigation. Site evaluations are valid for 12 months - The Minimum Distance for Swine Operations is Dictated by General Statute 106 - 801 thru 805 ies to swine operations sited on or atter iumi/m. Swine House or Lagoon > 1,500 feet from any occupied residence 2,500 feet from any school,'hospital, or church 500 feet from any property boundary. Land Application Site 50 feet from any residential property boundary (Any property with a residence on it) 50 feet from any perennial stream or river other than irrigation ditch or canal. (Note: Waste Treatment Lagoons and Waste Storage Ponds are the same in respect to SS-I080.) i�ARCS. NC DECEINISER, 1996 Rev. 359-3 Odor Control Emergency Management Office in Raleigh As a minimum the following will be used to and ask them to contact DEM. Give the reduce odor on all lagoons, name of the facility, location and DEM registration certification number. • New or emptied lagoons shall be precharged with a volume of water equal to one-half of • Call 911 or the Sheriffs Department if there the . treatment - volume before.: wastes area .._ is danger to downstream property introduced, so that solids discharged into the (residences, road, etc.). Include phone lagoon are submerged. ..:. number. • Pipes discharging wastes into the lagoon shall be extended beneaththe surface . of the lagoon to avoid releasing gases from agitated wastes. • Contact the contractor of owner's choice to ..begin repair of problem to minimize off -site damage. Include names and phone number(s). • Intake pipes for effluent removal shall be Contact the technical specialist who certified placed in the aerobic layer of liquid the lagoon (MRCS, Consulting Engineer, approximately 18 inches below the surface_ etc.). include phone number. If. this A floating intake may be used. specialist is no -longer working, contact one who has design approval. When practicable a dense stand of trees and shrubs strategicaIIy placed around lagoons, A copy of this plan with telephone numbers filled production facilities, and fields . can reduce or in must be available at each site. It should be redirect winds helping to contain or disperse posted in a readily accessible location. odors. Emergency Action Plan An Emergency Action Plan shall be prepared for each lagoon. The plan will outline steps to be followed in case of an emergency with the lagoon such as overflow, breaching, Ieakage, need for emergency land application; etc. As a minimum it will contain the following items for. the.........; o%Nmer/operator to carry out in the event of an' . . emergency: • Call the Division of Environmental Management (DENT) to report the problem. - Include name and phone number of the appropriate regional office. If outside normal business hours, call the N. C. Site Investigation A detailed site investigation shall be made for each lagoon prior to design. This investigation should include, but not be limited to evaluation of distance from residences, proximity to the 100-year floodplain, blue line streams, zoning jurisdiction of municipalities; utilities in the construction area, wetlands, available land for disposal, soils, and other environmental factors. Form NC-CPA-17 maybe used_ When requested by the technical specialist, the owner shall furnish the distance from nearest residences or other private or public use facilities. At the discretion of the NRCS, NC DECEMBER, 1996 Rev. 3 359-8 Mechanically aerated lagoons using floating surface aerator technology for odor control are designed to satisfy 50% of the waste COD based on an oxygen transfer rate of 3 lbs per horsepower -hour and require 1000 fl . of'surface area maximum per horsepower of aeration. Refer to the design procedures provided in the Agricultural Waste Management Field Handbook or to Cooperative Extension Service Research Data. Alternate aeration waste treatment. technologies should be planned, installed, -and - operated according to proper design and operating procedures. Sludge Any anaerobic lagoon will accumulate significant amounts of sludge regardless of the bacterial digestion efficiency. This accumulation of sludge in time will diminish the treatment rapacity of the lagoon unless the lagoon is designed with enough storage capacity to avoid having to remove the bottom sludge throughout the life of the lagoon. Table 2 shows the required volume for sludge accumulation in anaerobic lagoons. The volume of sludge storage required in Table 2 is equal to approximately 5 years accumulation. Sludge storage is required in the lagoon design. The amount of sludge accumulation shall be calculated and included in the producer's Waste Utilization Plan. The plan will include a statement that sludge should be tested before land application. The Waste Utilization Plan will include the number of acres required for land application of sludge in the future based on current agronomic rates_ Waste Starnae Volume. The maximum operating level shall be set to provide the designed loading (treatment volume)plus a volume sufficient to store the following: 1. Manure and waste «ater' 2. Excess wash water 3. Normal precipitation Iess evaporation on lagoon surfacer 4. Solids accumulatioh2 '-Accumulated between periods of drawdown '`For the period between solids or sludge removal Mechanically aerated lagoons are designed on the basis ofBOD, or ultimate BOD loading and on . the basis of the equipment manufacturer's performance data for oxygen transfer and mixing. - If used for odor control, aeration equipment shall provide a minimum of 0.5 kg (1 lb) of oxygen for each half kilogram (pound) of BOD5 contributed daily. For complete treatment; refer to the design procedures provided in the Agricultural Waste Management Field Handbook. The maximum operating level shall be sufficient distance below any automatic outflow device, pipe or emergency spillway to provide storage for the 25 year, 24-hour precipitation on the lagoon surface plus a heavy rainfall -equal to or greater than an additional 25-year, 24-bour storm. The maximum operating Ievel shall be marked with a highly visible marker set in the lagoon. The minimum operating level after drawdown should normally be that level needed for the design loading (treatment volume plus sludge) except when the lagoon is in drawdown to permit sludge removal or addition of dilution water. This level shall be marked with a highly visible marker. Temporary Storage Volume In addition to the required treatment volume, waste treatment lagoons shall be provided with temporary storage. The volume of temporary storage provided shall be consistent with the NRCS, NC SEPTEMBER, 1996 Rev. 2 • �7 r '�, 359-9 planned pumping interval incorporated into the except when special management practices or waste'utilization plan. In soils with high water techniques permit otherwise. tables all temporary storage shall be above the seasonal high water table. A minimum of at least six months temporary storage is recommended The minimum volume of temporary storage is'the total of the following: With Outside Drainage Area Without Outside Drainage Area 1. Manure and excess waters 2-- Normal precipitation that falls on lagoon 1 Manure and excess water. surface Iess evaporation on lagoon surface 2. Normal precipitation that falls on lagoon. for time of year which results in greatest surface less evaporation on lagoon surface storage requirement. for time of year which results in greatest 3. - Undiverted runoff from drainage area for storage requirement. normal rainfall during storage period. 4. 25-year, 24 hour precipitation on lagoon 3. 25-year, 24-hour precipitation on.lagooa surface T additional "Heavy Rain"=factor surface. which exceeds the long-term rainfall average. 5. Undiverted runoff from 25-year, 24-hour storm from drainage area. . 'Accumulated during the period between times of excess effluent removal. 2ne "Heavy Rain" Factor shall be equal to or greater than the 25 year, 24-hour storm. Note: Additional temporary storage may be provided to meet management gas or regulations. Depth Foundation Cutoff (Keyway, Cutoff, or Core The minimum depth of liquid shall be 6 feet for Trench) mechanically aerated and anaerobic lagoons, and A cutoff of relatively impervious material shall 2 feet. for aerobic lagoons. The maximum depth be provided under the embankment if necessary for mechanically aerated and anaerobic lagoons for seepage control. - The cutoff shall be located is dictated by the site and the equipment. The at or upstream from the centerline of the dam_ It maximum operating depth for aerobic lagoons shall extend up the abutments as required and be shall be 5 & deep enough to extend into a relatively impervious laver or provide for a stable embankment when combined with seepage control. The cutoff trench shall have a bottom width adequate to accommodate the equipment NRCS, NC SEPT'EMBER, 1996 Rev. 2 359-10 used for excavation, backfill, and compaction operations, and the side slopes shall be 1:1 or flatter. All foundation cutoffs shall be dewatered before bacloilling. Bottom and edges The bottom of all lagoons shall beapproximately level. The side slopes of all lagoons shall be. uniform from top to bottom and shall be stable for existing soil conditions. Scarify the bottom and cut slopes of the lagoon a minimum depth of six inches and compact to decrease the permeability of the soil. - Compaction shall be with a sheepsfoot roller or tamping roller. In certain soils a liner will be required. Special consideration must be spelled out in the design. (See page 359-4, Liners) Earth embankment For this standard, the maximum effective height of the dam is 35 feet. The allowance for settlement shall be no less than 5 percent. The side slopes of the settled embankment shall not be less than 3 horizontal to I vertical. All slopes must be designed to be stable.. The minimum elevation of the top of the settled embanianent shall be one foot above the maximum design water surface in the Iagoon. The minimum top width for embankments are shown in the following table. If the embankment top is to be used as a public road, the minimum width shall be 16 feet for one-way traffic and 26 feet for two-way traffic.. Guardrails or other safety measures shall be used where necessary and shall meet the requirements of the responsible road authority. _ When the embankment top is used as a road, provision shall be made for protecting the emergency spillway, if any, from damage. Total height of Embankment (ft) Minimum Top Width . (ft) up to 20 10 20 to 24 12 24 to 34 14 35 - 7. 15 The design height of the embankment shall be increased by the amount needed to' insure that the design top elevation wzII be maintained after all settlement has taken place. Compaction of the fill material shall be in accordance with the specified design requirements for compaction and moisture. content. As a nmum compaction shall be equivalent to, or better than, the following: 1). layers of fill material shall not exceed 9 inches in thickness before compaction,_2). the routing of the hauling and spreading equipment over the fill must be in such a manner that every point on the surface of each laver of fill will be traversed by not less than one tread track of the loaded equipment traveling in a direction parallel to the main axis of the fill. 3). Clayey soils shall be compacted with a "sheepsfoot" or tamping roIIer.(See SNTC Technical Note 716 for guidance on compaction.) A qualified inspector as*designated by the designer must be on site during construction as necessary to verify proper construction. Testing will be required as deemed necessary by the - inspector and/or designer. When testing is required the owner will be responsible for furnishing test results and MRCS, NC SEPTENIBER, 1996 Rev. 2 to 0 • certification that the fill meets the design requirements. Any tests and certification should be performed by a certified laboratory. If needed to protect the face of the embankment, special measures, such as berms, rock riprap, sand gravel, soil cement, or special vegetation shall be provided (TR 56 and TR-59)' . Inlet _...... _ ... If freezing is not a problem, an open inlet, such as a concrete channel:: may be used. If freezing is a problem, the inlet shall consist of a pipe having a minimum diameter of 6 inches and a minimum slope of 1 percent, except that a minimum diameter of 4 inches may be used for milking center waste. The inlet pipe shall terminate a sufficient distance from the shoreline to insure good distribution. It should be far enough below the surface to avoid freezing or be provided with other protective measures. Access should be provided to the pipe for nodding in case of blockage. Inlet Pipes Pipes that convey waste from the houses to the lagoon shall be designed and installed in a manner that will prevent erosion of the lagoon side slope. This will be accomplished by extending the pipe beyond the slope of the lagoon, and discharging the waste below the surface. Other Pipes .,.....:..•..v ..:_.:.. �:_......... _ _ Pipes such as those that are used for recycling effluent to use as flush water and irrigation intakes shall be placed as far from the inlet pipes as possible in order to provide.a cleaner efOuent for flushing and to reduce odors when irrigating on Iand. • 359-11 When these pipes are to be placed through the embankment the location and method of installation shall be approved by the designer of the embankment or. a technical specialist designated by the soil and water conservation commission to design and approve waste treatment lagoons. Installation shall be certified by the technical specialist: Emergency Spillways ......... Lagoons with an outside drainage area having a maximum design liquid level of 3 feet or more above natural ground shall be provided with an emergency spillway. The crest of the emergency spillway shall be located at the same elevation as the top. of the 25-year, 24 hour storm storage. The emergency spillway shall be placed in undisturbed soil when possible. When it must be placed in fill -material, precautions shall be taken to insure the integrity of the structure. The emergency spillway shall pass a 25-year, 24- hour storm without over topping the embankment. There shall be a minimum of 1 foot of freeboard above the designed depth of flow in the emergency spillway. Where lagoons empty into waste storage ponds or secondary Iagoons and the liquid level is positively controlled by an adequately sized overflow pipe, no emergency spillway is required for the primary lagoon. All Iagoons with I million cubic feet of Waste Storage Volume (volume below ma:,dmum - - - � - - `. elevation for pump ON) shall have an emergency spillway. Lagoons without an outside drainage area and less than 1 million cubic & of Waste Storage Volume are not required to have an emergency.spilhvay; however, the landowner shall be given the option to install an emergency_ spillway to prevent catastrophic occurrences. MRCS, NC DECENMER, 1996 Rev. 3 359-12 Other Outlets Where excess effluent is not to be removed from the lagoon by pumping, an overflow pipe shall be installed to discharge into another lagoon or a waste storage pond. The overflow pipe shall have a minimum diameter of 6 inches and shall have sufficient capacity to prevent over topping of the lagoon during peak inflow periods. : The overflow pipe shall be installed so that effluent is discharged from a minimum of 6 inches below the surface. An "elbow" or "tee" pipe fitting or similar device on the inlet end of the overflow pipe may be used for this purpose. When pumps and sumps are needed to lift waste from a Iower elevation to a higher elevation, provisions must be made to prevent overflow of the sump in case of power or pump failure. The sump shall be covered or fenced for safety. . Protection If the lagoon will create a safety hazard, it shall be fenced and warning signs posted to prevent children and others from using it for purposes other than intended. The lagoon shall be fenced, if necessary, to protect the vegetation and the embanlanent. Erosion and Sediment Control Measures Plans for waste treatment lagoons shall include temporary measures for the control of erosion and sedimentation during the construction period. Such measures shall be maintained for efficient operation. Permanent vegetation shall be established on all disturbed areas in compliance with Critical Area Treatment standards (342-I1) of the Technical Guide. CONSIDERATIONS If the embankment is over 15 feet high and impounds over I0-acre feet of effluent, a permit must be obtained as required by the North Carolina Dam Safety Law. Types Waste treatment lagoons are of three general types --anaerobic, naturally aerobic, and _ mechanically aerated. Anaerobic Iagoons require less surface area than naturally aerobic Iagoons but may give off odors. Naturally aerobic lagoons are relatively odor free. Mechanically aerated Iagoons are comparable in size to anaerobic lagoons and are generally odor free, but they require energy for aeration. Anaerobic lagoons are most commonly used for livestock waste treatment. Since the anaerobic process is not dependent on maintaining frer oxygen, lagoons can be deeper and require less surface area. Anaerobic decomposition of livestock waste can result in the production and emission of odorous gases; however, an anaerobic lagoon that is properly sized can be managed to keep odors to a minimum. Figure A is an example of a typical anaerobic lagoon. Naturally aerobic lagoons tend to be relatively odor free because bacterial digestion tends to be more complete. Aerobic Iagoons are designed on the basis of surface area instead of volume. Aerobic lagoons may require up to 25 times as much land area as anaerobic lagoons and are usually not recommended for livestock and poultry waste treatment in North Carolina because of space requirements. NRCS, NC DECElv1BER. 1996 Rev. r, V Mechanically aerated Iagoon combine the best features of aerobic and anaerobic; that is, good odor control with small surface area requirements. They may also be used for nitrogen removal where Iand area for disposal is limited. The major disadvantage of mechanically aerated lagoons is the high cost of electric energy for continuous operation of the aerators. Due consideration should be given to facility.-... access, ease of loading and unloading wastes; the overall'waste management plan, and health and safety factors. Non -polluted runoff shall be excluded from the Iagoon if not included in the design capacity. The Waste- Treatment Lagoon should be located so that prevailing winds, vegetative screening, and building arrangement minimize odor and visual resource problems. �Solids relnOVa1 To reduce sludge buildup, remove solids from waste of animals, such as dairy cattle, fed high roughage rations. A solids trap or a separator . may be provided between the waste sources and the lagoon- This may be a concrete or earth - structure that can be emptied periodically. The sizing of these structures will be such that a waste utilization plan can be developed. If earth strictures are used, a minimum of two should be planned so that one can be dried and cleaned while the other is functioning. Organic nitrogen compounds and phosphorous compounds tend to accumulate in sludge. In addition to nitrogen Ievels up to 13 times higher than lagoon liquid and phosphorous levels up to 43 times higher than lagoon liquid concentrations, sludge may also contain significant levels of heavy metals, salts, and other trace elements. 359-13 PLANS AND SPECIFICATIONS Plans and specifications for installing waste treatment lagoons shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. Plans and specifications for a -A=e treatment lagoon will only be prepared vwhen it is a part of a complete waste management system including a waste utilization plan: OPERATION AND MAINTENANCE A written Operation and Maintenance (0 & M) PIan shall be prepared for each lagoon. The 0 & M Plan -shall be incorporated into the design prepared for the Waste Management System. A copy will be given to the landowner and discussed with him. As a minimum, the 0 &. M Plan shall contain the following: A waste utilization plan that is in accordance -with FOTG Practice Standards for Waste Utilization (633) and Nutrient Management (590). (Note: A more detailed plan may be required if controlling nutrient is other than N.) 2. Precharge with a volume of -water equal to one-half of the treatment volume before wastes are introduced. Highly visible markers shall be installed to mark the upper and lower elevations of the Temporary Storage (pumping Volume). Pumping shall be done as necessary to maintain the liquid level between these markers. MRCS, NC DECE_NMER, 1996 Rev. 3 359-14 4. Recommendations for inspection and maintenance of embankment and other structures. .. 5. Recommendations for inspection and - maintenance of vegetation. 6. Information on -sampling and testing of effluent. 7. After five years the waste treatment lagoon shall be checked for sludge accumulation annually. If sludge has encroached into the .treatment volume, the sludge will be removed and applied at agronomic rates based on analysis of the sludge. Treatment volume must have a minimum of 4 feet of depth free of sludge at all times. S. Others, as appropriate. t, NRCS, NC DECEMBER, 1996 Rev. 3 Freaboord (1.0 foot minimum) 1/ Depth of 25--yeor, 24—hour storm event on lagoon surface Crest of spillway or 0 other outflow device h "Heavy Rainfall" Factor — As a minimum must be equal to or greater than the. {where permissible} depth of 25—yeor, 24—hour storm on the lagoon surface _ T Depth of normal precipitation less evaporation on the lagoon surface Maximum elevation for pump ON a accumulated during the treatment period . rIAaximum operating Laval Volume o manure, wastewater, and excess water accumulated Maximum drowdown _ T: during the treatment P eriod WSV 1 Pump OFF Minimum treatment volume (MTV) 4' fool minimum 6 foot minimum 1 Volume of accumulated sludge for petted 3 between sludge removal events (SV) Note: The minimum treatment volume for an II on emergency spillway Is used, the design depth anaerobic waste treatment lagoon Is of flow must be added to the freeboord. based on vololle solids, FIGURE A — TYPICAL -ANAEROBIC LAGOON CROSS SECTION ro � cn <0 n w r" to (D Z to n am y /j.• �ffl i 9 C 9'C ' r SC 14101 1". I WO1.1.11 1'.I1+ 1 I Ilr l•; r4t1 If,R n!'u" If Of $IJM 11',+.YYr.fri, ,•I 11, I.!,1•w1'Aml f,II+IaII+H blra, 1111Aw,.� .IM •S1 IIN.ml.11 1 •I trw., Iwrf r•., Y!'IrTj I V-j .:r: >r�%�,j�1�1r► I %� � t pl Ititi1l1 , ;I �/ � I ! •• ,fir '••�•!rt � ,':y. � I f � i I � 1 , t,r1 �� i j, • ,� fill 4'► 5 1011 IAYU/,IJ UU.UI/9A 11'I1 NMI 1131RUY0•I 11OUDY-1 U19O113Y11Y n•ot 11JJ11J41 - anq rn;rultrr I:J 1r, n,111ar I r : r+ toril 111411 . I 1 '41"" 03 Ou .13 61( Hot /p Uk Il .q uc loll 1AVO/011OVA10" tl'll HLY11 WHOVD-1 111101)VII 01"011av 11 %111% 1 F1 .1 1,/Jl r Ito 11 IN 11, IN N-3 59-1 • WASTE TREATTMENI' LAGOON ENGINEERING NOTEKEEPrNG Design Survev. Design, and Plans A. Engineering plans shall be prepared for each component of an animal waste management system. The design survey must be in sufficient detail to allow an accurate determination of waste inlet and outlet . locations, and volume requirements. This may be accomplished by obtaining a centerline. - profile of the embankment location, along with - some key elevations in and around the lagoon area when the embankment type lagoon is used, or sufficient cross -sections of the area involved to prepare a topographic map. Grid surveys of the area may be needed at times. Designs will include documentation showing how required volume is determined. B. Record distance to nearest area for public use or residence of anyone other than the owner or his tenant- C. Record both structural classification and site evaluation for all embankment lagoons. The structural classification should be recorded on Form NC-ENG-34 and the site evaluation should be recorded on Form NC-CPA-17, Site Evaluation- D. A detailed soils investigation shall be made on all sites with special attention to the water table, seepage potential, and the need for a liner. E. A detailed operation and maintenance plan - . " shall be a part of every plan and design. F. Source of water for initial filling of lagoon should be indicated. G. Check height of embankment and volume of effluent to determine if a dam safety permit from the Department of Environment, Health and Natural Resources is required. H. Show minimum thickness of liner and moisture requirements if applicable. Protection for liner during initial fill. 1. Emergency Action Plan g _ Construction Lavout Set enough well marked stakes to guide the contractor in constructing the lagoon according to plans. Construction Check As a minimum, the following data.will be recorded: - A. Embw-danent Type 1. Record profile and cross-section of foundation cutoff trench. 2. Record a profile along centerline of embankment to determine if top elevation is adequate. 3. Record at least one cross-section of the embankment to determine construction top width and side slopes. 4. Record the elevation and bottom width of the emergency spillway, if applicable. - 5. Statement as to the adequacy of construction of the embankment. B. Excavated and embankment types 1. Take enough measurements to determine that depth, slope, and storage requirements have_ been met. 2. Record elevations of highly visible markers that delineate the top and bottom of the pumping volume. This is the temporary storage minus the 25-year, 24-hour storm and "Heavy Rain" factor. 3. Statement as to the adequacy of construction of the liner, if applicable. Show areas lined on "As Builts" and thickness of liner installed_ NRCS. NC September. 1996 N-359-2 , C. For ramps and/or waste inlet pipes, and D. Statement of the adequacy of control of outside overflow pipes, record the following: runoff into the Iagoon. I . Location. E. Statement of the adequacy of vegetative erosion control measures. 2. Dimensions and kind of material used in structures. F_ Statement to the effect that practice meets plans and specifications. 3. Elevation of invert of discharge to the lagoon. G. Date and signature of person making construction check. 4. Elevation of overflow pipe. ......... _ ........ Recording Data :.... _... ,.: Field notes will be recorded in a standard engineering field book or a standard design form. 0 A NRCS. NC September. 1996 EXHIBIT 0 NORTH CAROLINA CQL ENVIRONMENTAL 1VLANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE OPERATION GENERAL PERMIT This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified conditions and limitations: L PERFORMANCE STANDARDS The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (MRCS) Standards. Facilities which are in compliance with their CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. • 2. The CAWIvT is hereby incorporated by reference into this general permit. New or expanding farms are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWIAP shall be considered a violation of this general, permit and subject to enforcement actions. A violation of the General Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These actions may include modifying the CAWMP, ceasing land application of waste, or removing animals from the farm. 3. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued_ 4. A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall, be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an' orderly fashion. 5. For all new and expanding operations, no collection or storage facilities may be constructed in a 100-year flood plain. • 6. Existing swine dry lots may remain in wetlands as long as the wetlands uses are no removed or degraded as a result of the swine. The swine however may not be confine within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed to include crop rotation. H. OPERATION AIND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAW VIP. No waste may be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production, 4. Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. ; 5. Application of animal waste onto land which is used to grow crops for direct hum consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occ followinc, the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber, and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application ' on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application. system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's _ regulations. C7 7 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the • surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, is must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition II (4). III. MONITORING AND REPORTING REQUIREMENTS n L� 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 3 2. If not already installed at this facility, a waste -level gauge to monitor waste Ievels shall b• installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid Ievel at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ. For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. 3. ' 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. 4. An analysis of the animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen Zinc • Phosphorous Copper 5. Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible form for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readily available for inspection. 6. Regional Notification: ' The Permittee shall report by telephone to possible, but in no case more than 24 hours of any of the following events: the appropriate Regional Office as soon as following first knowledge of the occurrence a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle transporting animal waste or sludge to the land application field which results in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. 0 4 e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that . required in Condition V (3) of this General Permit. f. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters. g• Any discharge that bypasses a lagoon./storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment.. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at I-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. INSPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable- and. appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GENERAL CO_NDITTONS 1. The issuance of a COC under this permit shall not relieve: the Permittee of the responsibility for damages to surface waters or ground waxers resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (01C) of the animal waste management system- The: animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not. exceed that specified in the CAWNIP. At a n- inimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storagq to contain- the. 25-year, 24-Dour storm event plus an additional I foot of structural freeboard- I= addition to the above requirements, for new and expanding farms with lagoorr designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. In the case of la goons/starage_ponds in series that are gravity fed, the 25-year,- 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be . designed into the lowest lagoon/storage pond in the- system_ However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising.into. the structural freeboard while the storm water is draining into the lowest lagoon'in the system- 5 4. Should the DWQ have good reason to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission or DENR authorized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 5. Failure to abide by the conditions and limitations contained in this permit, the facility's CAWMP and/or any COC issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual non -discharge permit and/or the modification of the animal waste management system 6. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 7. If ar irnal production ceases, the Pern ittee shall close the lagoons/storage ponds in accordance with Natural Resource Conservation Service (MRCS) lagoon/storage pond closure standards or develop and implement an animal waste management plan in S accordance with NRCS standards. Closure shall also include notifying the DWQ and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ- Water Quality Section- Non -Discharge Branch within 15 days of completion of closure. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of the COC granting coverage under this General Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAW"NIP, shall constitute grounds for revocation of the COC granting coverage under this General PermiL 10. This permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. • G 11. The Groundwater Compliance Boundary for the disposal system constructed after • December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. if this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ector Division of Water Quality • By Authority of the Environmental Management Commission Swine Waste General Permit Number AWG100000 • 7 EXHIBIT 3 eratBob Livingston County; Bladen p or:-L�3e.ni 1 AS bd,14 y Has the site evaluation been completed & approved: 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) 0 sows (farrow to feeder) 0 head (finishing only) 1375 sows (farrow to wean) 0 head (wean to feeder) Describe other : Date: 12/21/96 yes x 1417 lbs. = 0 lbs x 522 lbs. - 0 lbs x 135 lbs. = 0 lbs x 433 lbs. = 595375 lbs x 30 lbs. - .0 lbs 0 lbs Total Average Live Weight = 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 398901 cubic ft (includes 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 101750.0 cubic feet 0 TOTAL DESIGNED VOLUME 595375 lbs. 0 cu. ft. add. treat. vol.) Inside top length (feet)--------------------- 560.0 Inside top width (feet)---------------------- 179.0 Top of dike elevation (feet)----------------- 44.00 Bottom of lagoon elevation (feet)------------ 29.50 Freeboard (feet) ------------------------------- 1.00 Emergency spillway depth of flow(feet)------- 0.00 Side slopes (inside lagoon)------------------- 3.0 : 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 554.0 173.0 13.50 AREA OF TOP LENGTH * WIDTH = 554.0 173.0 AREA OF BOTTOM LENGTH * WIDTH = 473.0 92.0 95842 (AREA OF TOP) 43516 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 513.5 132.5 272155 (AREA OF MIDSECTION * 4) CU. FT. _ [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] 95842 272155 43516 DEPTH/6 2.25 Total Designed Volume Available = 925904 CU. FT. • 0 • r] 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) ( Length * Width ) + Surface area of connecting waste facility 560.0 179.0 0.0 100240.0 square feet 18 Buildings (roof and lot water) or impervious area 0.0 square feet Describe this area. TOTAL DA 100240.0 square feet Design temporary storage period to be 180 days. 5A. Volume of waste produced Feces & urine production in gal./day per 135 lb. ALW 1.37 Volume = 595375 lbs. ALW/135 lbs. ALW * 1.37 gal/day 180 days Volume = 1087552 gals. or 145394.6 cubic feet 5B. Volume of excess water Volume = 3991.6 gallons/day * 180 days storage/7.48 gallons per CF Volume = 96053.9 cubic feet -5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days evaporation = 0.0 inches 180 days rainfall 7.6 inches Volume = 7.6 in * DA / 12 in. per ft. = 63318 cubic feet runoff Volume = 0.0 in * lagoon DA/12 in./ft = 0 cubic feet evap. Volume = 63318 cubic feet 5D. Volume of 25 year 24 hour storm Volume of "Heavy Rain" 7.0 in. Volume = 14.0 inches / 12 Volume = 116947 cubic feet 0 Additional volume as follows: 7.0 in. inches per foot * DA TOTAL REQUIRED TEMPORARY STORAGE 5A. 145395 cubic feet 5B. 96054 cubic feet 5C. 63318 cubic feet 5D. 116947 cubic feet 5E. 0 cubic feet TOTAL 421713 cubic feet 6. SUMMARY Temporary storage period=====-=--------===__> 180 days Rainfall during wettest period of storage===> 7.6 inches Evaporation during storage period===========> 0.0 inches 25 year - 24 hour rainfall=== =============> 7.0 inches Heavy rain----- _____________________> .7.0 inches Freeboard----- --- 1.00 feet Side slopes-- -----------_________> 3.0 . 1 Inside top length ___________________> 560.0 feet Inside top width----------____ -------- __ ====> 179.0 feet Emergency spillway elevation(if planned)====> 43.00 feet Top of dike elevation--------_____--_______> 44.00 feet Bottom of lagoon elevation==--=_===_ =======> 29.50 feet Top of sludge elevation-- ------_==--========> 31.66 feet Total required volume------=====-- ==========> 922365 cu. ft. Actual design volume -------------------- =__> 925904 cu. ft. Seasonal high watertable elevation.(SHWT)===> 35.00 feet Stop pumping elev.____________________> 38.D2 feet *. Must be > or = to the SHWT elev.==========> 35.00 feet Must be > or = to min. req. treatment el.=> 35.50 feet Min. Required treatment volume======_ _=___> 398901 cu. ft. Volume at stop pumping elevation=====______> 399195 cu. ft. Start pumping elev. - -- _-- -__> 41.74 feet Must be at bottom of F.B. & 25 yr. rainfall & heavy rain Act. vol. less 25 yr. and heavy rainfall====> 808958 cu. ft. Volume at start pumping elevation =__ =_ =_=> 808582 cu. ft. Required volume to be -pumped----=-----__ =__=_> 304767 cu. ft. Actual volume planned to be pumped— __----__> 307363 cu. ft. Min. thickness of soil liner when required==> 2.0 feet 7. DESIGNED BY: DATE: 1Js1iUG /vlrez:, ar— APPROVED BY: DATE: 4 2 r I n1� l �� !•u S 12 s fo e c! S j ZKa a � 3 �] � S� ws �r9--ram - G�J ems► � Z _tr >�-e 01 c s c k a .�� 2?� lKe1.j i Nam beams, 0 • • 0 7. DESIGNED BY: DATE: ,1 --c.i_ . - APPROVED BY: . DATE: G �.••`R�N CARO,�••, '� _cc s �i �9 SEAL 16415 c IN i 00RY S_...•`� ENGINEER'S NOTES: Engineering approval is for minimum design standards and is based on pre -construction site and soils investigations by Brown's of Carolina, Inc. unless otherwise noted. Brown's of Carolina technical specialist is responsible for excavation and fill calculations and for nutrient management plan. Engineer shall be notified of any changes and/or site discrepancies found during construction before proceeding. Brown's of Carolina is responsible for site layout, and shall verify all required setbacks and absence of subsurface tile drains. Owner and/or Brown's of Carolina personnel is responsible for contacting engineer for construction inspections as necessary to confirm quality of liner materials and construction. Engineer will conduct final inspection upon notification, and shall determine the requirements for permeability testing (quantity and location). OTHER SITE -SPECIFIC NOTES: EXHIBIT Operator:Bob Livingston County: Bladen Date: 12/21/96 Has the site evaluation been completed & approved: yes 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) x 1417 lbs. = 0 lbs 0 sows (farrow to feeder) x 522 lbs. = 0 lbs 0 head (finishing only) x 135 lbs. - 0 lbs 1025 sows (farrow to wean) x 433 lbs. = 443825 lbs 0 head (wean to feeder) x 30 lbs. = 0 lbs Describe other : 0 lbs Total Average Live Weight = 443825 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 297363 cubic ft (includes 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 75850.0 cubic feet . TOTAL DESIGNED VOLUME 0 cu. ft. add. treat. vol.) Inside top length (feet) ----------------------- 275.0 Inside top.width (feet)---------------------- 277.0 Top of dike elevation (feet)----------------- 44.00 Bottom of lagoon elevation (feet)------------ 29.56 Freeboard (feet)----------------------------- 1.00 Emergency spillway depth of flow(feet)------- 0.00 Side slopes (inside lagoon)------------------- 3.0 1 Total design volume using prismoidal formula SS/ENDI SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 269.0 271.0 13.50 AREA OF TOP LENGTH * WIDTH = 269.0 271.0 AREA OF BOTTOM LENGTH * WIDTH 188.0 190.0 72899 (AREA OF TOP) 35720 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 228.5 230.5 210677 (AREA OF MIDSECTION * 4) CU. FT. _ [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] 72899 210677 35720 DEPTH/6 2.25 Total Designed Volume Available = 718416 CU. FT. • E • • 5. TEMPORARY STORAGE REQUIRED • DRAINAGE AREA: Lagoon (top of dike) ( Length'* Width ) + Surface area of connecting waste facility 275.0 277.0 0.0 76175.0 square feet Buildings (roof and lot water) or impervious area 0.0 square feet Describe this area. TOTAL DA 76175.0 square feet Design temporary storage period to be 186 days. 5A. Volume of waste produced Feces & urine production in gal./day per 135 lb. ALW 1.37 Volume = 443825 lbs. ALW/135 lbs. ALW * 1.37 gal/day 180 days Volume = 810720 gals. or 108385.1 cubic feet 5B. Volume of excess water Volume = 2975.5 gallons/day * 180 days storage/7.48 gallons per CF Volume = 71603.8 cubic feet 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days evaporation - 0.0 inches 180 days rainfall = 7.6.inches Volume = 7.6 in * DA / 12 in. per ft. = 48117 cubic feet runoff 41 Volume = 0.0 in * lagoon DA/12 in./ft = 0 cubic feet evap. Volume = 48117 cubic feet • 5D. Volume of 25'year 24 hour storm Volume of "Heavy Rain" 7.0 in. Volume = 14.0 inches / 12 Volume = 88871 cubic feet 0 Additional volume as follows: 7.0 in. inches per foot * DA TOTAL REQUIRED TEMPORARY STORAGE 5A. 108385 cubic feet 5B. 71604 cubic feet 5C. 48117 cubic feet 5D. 88871 cubic feet 5E. 0 cubic feet TOTAL 316977 cubic feet 6. SUMMARY Temporary storage period-= ---_=============> 180 days Rainfall during wettest period of storage===> 7.6 inches Evaporation during storage period==========> 0.0 inches ��+ 25 year - 24 hour rainfall==================> 7.0 inches Heavy rain ---_-----_---___-___> 7.0 inches Freeboard--- ---________________> 1.00 feet Side slopes -- =___________________> 3.0 . 1 Inside top length-- -----___-____----__-_> 275.0 feet Inside top width -----__________________> 277.0 feet Emergency spillway elevation(if planned)====> 43.00 feet Top of dike elevation-- _________________> 44.00.feet Bottom of lagoon elevation==== ---------- ===> 29.50 feet Top of sludge elevation=== --================> 31.50 feet Total required volume=======================> 690190 cu. ft. Actual design volume== ----_—== ---------- = => 718416 cu. ft. Seasonal high watertable elevation (SHWT)===> 35.00 feet Stop pumping elev.====--------------------- --=> 37.67 feet Must be > or = to the SHWT elev.==========> 35.00 feet • 7. 0 Must be > or = to min. req. treatment el.=> Min. Required treatment volume---===__=___> Volume at stop pumping elevation =__________> Start pumping elev.— Must be at bottom of F.B. & 25 yr. rainfall Act. vol. less 25 yr, and heavy rainfall====> Volume at start pumping elevation-- _=______> Required volume to be pumped — Actual volume planned to be pumped =________> Min. thickness of soil liner when required==> )„�,-� DESIGNED BY: '�7N APPROVED BY: DATE:- 12-2-1 --44 DATE: 35.50 feet 297363 cu. ft. 297998 cu. ft. 41.74 feet & heavy rain 629545 cu. ft. 629111 cu. ft. 228106 cu. ft. 255041 cu. ft. 2.0 feet e c s, "5d d, a N e0. ra A. C r N v ram- 6A-r S 0.0". -Z%1 CAR01 , _ass►' n:k 9 SE AL = 16416 c� DORY �. 7. DESIGNED BY: APPROVED BY: -4_ 7 DATE: DATE: :I�GG // _ a •1�+, Pam.. O !ti/ G_ �oD(+r o ✓_a r 04 bl�G�tJ�- ENGINEER'S NOTES: Engineering approval is for minimum design standards and is based on pre -construction site and soils investigations by Brown's of Carolina, Inc. unless otherwise noted. Brown's of Carolina technical specialist is responsible for excavation and fill calculations and for nutrient management plan. Engineer shall be notified of any changes and/or site discrepancies found during construction before proceeding. Brown's of Carolina is responsible for site layout, and shall verify all required setbacks and absence of subsurface the drains. Owner and/or Brown's of Carolina personnel is responsible for contacting engineer for construction inspections as necessary to confirm quality of liner materials and construction. Engineer will conduct final inspection upon notification, and shall determine the requirements for permeability testing (quantity and location). OTHER SITE -SPECIFIC NOTES: 0 ca NORTH CAROLIN ' ENVIRONMENT AND NA CDENRDIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE JAMES 8_ HUNTf JR:',_! DIVISION OF WATER QUALITY .-'CaOVER NOR _:i%i:N . March 20, 2000 -': 'BEC_' TARY N %FRTTFIF.n MATT. .`SECRETARY p $ETYIRN RECEIP,TREQuTESTFD Bob Livingston �d�G 2050 Gum Shaw Road T.:-STEYEN S:,• /' :` DiREC_77'`;,}r?;,,', White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATION , p '. Notice of Recommendation for Enforcement Permit No. AWS 090107 - - z Turnbull Company Farms, LLC ' Facility No. 09 - 107 Bladen County Dear Mr. Livingston: s a You are hereby notified that, having been permitted to have a non -discharge permit yj 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. - d =_ems On January 28, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quali ty, ty, as required by General Permit condition III.S.e, that the freeboard level of the lagoon was less than the minimum required by the General _ Permit. The liquid level of the lagoons were reported as 7 inches and 18 inches which is - ~ y less than the minimum required for structural stability (less than 12 inches). General 7 Permit condition V.3 states that "The maximum waste Ievel 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 an additional 1 foot of structural freeboard.". The Division of Water Quality requests that the following items be addressed: 1. If not already accomplished, lower the lagoon level to the required freeboard as specified in your Certified Animal Waste Management Plan {CAWMP) and/or your Permit in a manner that is consistent with your CAWMP and your Permit. 2. Please provide specific actions proposed to prevent future freeboard violations at this Or facility, which are not in compliance with the CAWMP or the General Permit. K __ _ - 225 GREEN STREET. SUITE 714 1 SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 25305.5043 - _ - PHONE 910-486-1541 FAX 910-ae6-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50 v RE6Y[LEO/10% POST -CONSUMER PAPER Page 2 Turnbull Company Farms, LLC March 20, 2000 Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for these 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 an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 30, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 • Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Jimmy Vinson - Brown's of Carolina, Inc. 0 Paul E. Rawls Regional Water Quality Supervisor EXHIBIT eo 0 • 0 Division of Water Oualit Non -Discharge Compliance Enforcement Unit Civil Assessment Case Review Case Number: PC 00-016 Facility Name: Turnbull Company Farms, LLC Farm #: 09-107 Case Synopsis: On January 28, 2000, Turnbull Company Farms, LLC staff notified the Fayetteville Regional Office (FRO) that the freeboard level of the lagoon was less than the minimum required by the General Permit. 7 On March 20, 2000, FRO sent a Notice of Violation and Recommendation for Enforcement. Mr. W. Robert Livingston, Jr. responded in a letter dated March 28, 2000. Mr. Livingston stated that the following actions have been taken: monitoring and minimizing fresh water usage, irrigating as much as possible on the summer crops to lower lagoons in preparation for hurricane and winter seasons. Assessment Factors of Importance: 1. Degree and extent of harm: The degree and extent of harm from reporting the high freeboard was not significant. 2_ Duration and gravity of the violation: The duration of high freeboard is unknown. The gravity of 7" of freeboard is moderately significant as it is over the structural freeboard Ievel. The 18" of freeboard is less'signifcant_ 3. Effect on water quantity or quality. 4. Cost to rectify damage: 5. Amount of money saved: 5. Willful or intentional 7. Prior record: 8. Investigative costs: None. None. Alternatives to lower freeboard Ievels would include pump and haul or reducing herd size. Neither. The facility received a NOD in 7/09/98 for failure to establish cover on bare areas of dike and a poor to nonexistent Bermuda crop on sprayfield. $153.04 Recommendation_ • The regional office recommends The Non -Discharge Compliance Unit recommends • • EXHIBIT • • • State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED BOB LIVINGSTON THE TLJRNBULL COMPANY, LLC. 2050 GUM SHAW ROAD WHITE OAK, NC .28399 Dear Mr. Livingston: 1 • • Now NCDENR %NORTH CARouNA DEPARTMENT OF EwlRoNMEN7 AND NAruRAL RF-SOURCFS May 23, 2000 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of Animal Waste Permit AWS090 I 07 Farm 09-107 BIaden County File No. PC 00-016 This Ietter transmits notice of a civil penalty assessed against Turnbull Company Farms, LLC. in the amount of $653.04 including S 153.04 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you roust do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include ivaiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-3083 Location: 1617 Mail Service Center Fax (919) 73 3-005 9 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier r52-01-01 Ralei-h, NC 27699-1617 An Equal Opportunity lAffirnzaiive Action EmploYer 50% recycled 110% post -consumer paper http:llh?o. enr. state. nc_ its Please submit payment to the attention of: Ms. Coleen SuIIins NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses. the option of an administrative hearing, such a request must be accompanied by 'a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. PIease submit this information to the attention of: Mr_ Joe Albiston NCDENR DWQ 16I7 Mail Service Center Raleigh, North Carolina 27699-16I7 •' 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearinas and must conform to Chapter • 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact I'vlr. Joe Albiston at (919) 733-5083, ext. 581 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc. Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/ attachments 0 • STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ) W. ROBERT LIVINGSTON, JR. AND ) THE TURNBULL COMPANY, LLC } } FOR VIOLATIONS OF CONDITIONS ) OFNONODISCHARGE GENERAL PERMIT) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 00-016 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL. PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: 0 I. FINDINGS OF FACT: A. The Turnbull Company, LLC owns and operates the Turnbull Company Farms, LLC, a swine operation in Bladen County_ W. Robert Livingston, Jr. the registered agent for The Turnbull Company, LLC_ 4 B. W. Robert Livingston, Jr. obtained Certificate of Coverage AWS090107 under General Permit AWGI00000 on June 26, 1998, effective June 26, 1998, with an expiration date of April 30, 2003. C. Condition No. V. 3. of the "General Conditions" of the issued permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste Ievel 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." D. The 25-year, 24-hour storm event for the facility's location is between six and a half (6.5) and seven (7) inches according to the National Weather Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961 _ 0 • �J 0 E. Condition No. M. 6. e. of the "Monitoring and Reporting Requirements" of the issued permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon storage pond greater than or equal to that required in Condition V. 3. of the issued permit. F. In accordance with their permit, Turnbull Company Fauns,- LLC notified the Fayetteville Regional Office on January 28, 2000 that the waste levels of the lagoons were seven (7) and eighteen (18) inches. G. The costs to the State of the enforcement procedures in this matter totaled $153.04. Based upon the above Findings of Fact, I make the following: U. CONCLUSIONS OF LAW: A. The Turnbull Company, LLC and W. Robert Livingston Jr. are "persons" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-2I5.I. C. Turnbull Company Farms, LLC violated Condition No. V. 3. of General Permit No. AWGI00000 by failing to maintain the liquid level in the lagoon at the level specified in the CAWViP_ D. The Turnbull Company, LLC and W. Robert Livingston, Jr. may be assessed civil penalties pursuant to G.S. I43-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand doIIars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement cysts in this matter may be assessed against The Turnbull Company, LLC and W. Robert Livingston, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. r� Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: The Turnbull Company, LLC and W. Robert Livingston, Jr. is hereby assessed a civil penalty of: $_ SO o : O o for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the Ievel specified in the CAWMP $ So 0 . O 0 TOTAL CIVIL PENALTY, which is S percent of the maximum penalty authorized by G.S. 143-215.6A. $ . .153.04 Enforcement costs $ 4 S3 , o L% TOTAL AMOUNT DUE • As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the as in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of tfie enforcement procedures_ (Date) Kerr T. Stevens, Director Division of Water Quality 0 EXHIBIT • • • NORTH CAROLI1i A DIVISION OF WATER QUALITY Violator: County: Permit Number: ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Mnot significant ( )moderately significant ( )significant { )very significant ( )extremely significant 2) The duration and gravity of the violation; ( )not significant ( )moderately significant (significant ( )very significant ;1, ( )extremely significant iS —711 3) Th effect on ground or surface water quantity or quality or on air quality; (Vrnot sienificant ( )moderately significant ( )significant ( )very significant { )extremely significant 4) The cost of rectifying the damage; (1fh"ot significant ( )moderately significant ( )significant ( )very significant { )extremely significant 5) The amount of money saved by noncompliance; 04'h�'ot significant ( )moderately significant ( )significant ( )very significant ( )extremely significant ether the violation was committed willfully or intentionally; (%4not significant ( )moderately significant { )significant ( )very significant ( )extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (Idiot significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 8) Th cost to the State of the enforcement procedures. (7not significant ( )moderately significant ( )significant ( )very significant { )extremely significant _ 5-::Z3-Oo _ Date Kerr T. Stevens REVIISSION FACTORS () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; () Whether the violator promptly abated continuing environmental damage resulting from the violation; () Whether the violation was inadvertent or a result of an accident; O Whether the violator had been assessed civil penalties for any previous violations; and (} Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Kerr T. Stevens sent special order contained provisions sub- stantially identical to provisions which peti- tioner opposed in the proposed NPDES permit, which affecTed the property rights of the peti- tioner in the Pigeon River, these allegations also established petitioner's "aggrieved person" status. State ex rel. Tenn. Dep't of Health & Env't v. Environmental Mgt. Comm'n, 78 N.C. App. 763, 338 S.E.2d 781 (1986). Stated in Concerned Citizens v. North Caro- lina Envtl. Mgt. Comm'n, 89 N.C. App. 708, 367 S.E.2d 13 (1988). Cited in High Rock Lake Ass'n v North Carolina Envti. Mgt. Comm'n, 39 N.C. App. 699, 252 S.E.2d 109 (1979), § 143-215.6: Recodified as H 143-215.6A to 143-215.6C. § 143-215.6A. Enforcement procedures: civil penalties. (a) A civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed by the Secretary against any person who: (1) Violates any classification, standard, limitation, or management prac- tice established pursuant to G.S. 143-214.1, 143-214.2, or 143-215. (2) Is required but fails to apply for or to' secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part, including pretreatment permits issued by local governments and laboratory certifications. (3)- Violates or fails to act in accordance with the terms, conditions, or requirements of any special order or other appropriate document issued pursuant to G.S. 143-215.2. (4) Fails to file, submit, or make available, as the case may be, any documents, data, or reports required by this Article or G.S. 143-355(k) relating to water use information. (5) Refuses access to the Commission or its duly designated representa- tive to any premises for the purpose of conducting a lawful inspection provided for in this Article. (6) Violates a rule of the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k). (7) Violates or fails to act in accordance with the statewide minimum water supply watershed management requirements adopted pursu- ant to G.S. 143-214.5, whether enforced by the Commission or a local government. (8) Violates the offenses set out in G.S. 143-215.6B. (9) Is required, but fails, to apply for or to secure a certificate required by G.S. 143-215.22I, or who violates or fails to act in accordance with the terms, conditions, or requirements of the certificate. (10) Violates subsections (c1) through (6) of G.S. 143-215.1 or a rule adopted pursuant to subsections (cl) through (6) of G.S. 143-215.1. (b) If any action or failure to act for which a penalty may be assessed under this section is continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per day for so long as the violation continues, unless otherwise stipulated. (bl) (Effective until October 1, 2000) The Secretary may assess a civil penalty of more than ten thousand dollars ($10,000) or, in the case of a continuing violation, more than ten thousand dollars ($10,000) per day, against a violator only if a civil penalty has been imposed against the violator within the two years preceding the violation. The Secretary may assess a civil penalty of more than ten thousand dollars ($10,000) or, in the case of a continuing Or olation, more than ten thousand dollars ($10,000) per day for so long as the Violation continues, for a violation of subdivision (4) of subsection (a) of this section only if the Secretary determines that the violation is intentional. .' . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 20, 2000 Bob Livingston 2050 Gum Shaw Road White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 090107 Turnbull Company Farms, LLC Facility No. 09 - 107 Bladen County Dear Mr. Livingston: 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 January 28, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition III.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoons were reported as 7 inches and 18 inches which is less than the minimum required for structural stability (less than 12 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 an additional 1 foot of structural freeboard.". The Division of Water Quality requests that the following items be addressed: L If not already accomplished, lower the lagoon level to the required freeboard as specified in your Certified Animal Waste Management Plan (CAWMP) andlor your Permit in a manner that is consistent with your CAWMP and your Permit. 2. Please provide specific actions proposed to prevent future freeboard violations at this facility, which are not in compliance with the CAWMP or the General Permit. 225 GREEN STREET, SUITE 714 / SYSTEL ELO. FAYETTEVILLE, NORTH CAROLINA 20301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN tOUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER . 50% RECYCLED/10% POST -CONSUMER PAPER yam.' i.=F!'.'�c...:.t� u'7'�2d16:ur�3�i.'^Ga Page 2 Turnbull Company Farms, LLC March 20, 2000 Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for these 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 an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 30, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group .Timmy Vinson - Brown's of Carolina, Inc. oa/dy/tea RECEIVED TumbuH Company, LLC. APR 5 2000 2050 Gum Shaw Rd. FAYEii EVILLE White Oak, NC 28399 REG. OFRCE March 29, 2000 ATTN: Jeffiey Brown Divis m of Water Quality 225 Gnm St, Suite 714 FayettevIle, NC 28301-5043 Dear h1r. Brown, This letter is in respom�e to the Notice of V' dalion for F.oforoe�t issued to Turnkd Company (FBI: 09-107) on March 20, 2000. As reported on Jmumy 28, 2000, the lagoon levels at this farm were 7" and 18" which resisted after rain in exeess of 6" followed by V of scow Lagoon liquid was bumskrred tim xdwteiy to achieve freeboard levels of 12" and 157. When reported, staff from Tumbuff Company vm koucted by DWQ to fallow the procedure for farms which had hm than total f eeboard but Vmter then Aructtuvil fteeboard. A plan of action was then sent to DWQ as mp ired by tyre procedure. inipfion was oamdaccd as soon as fields were dry enough to do so and the lagoons were lowered to the requftvd`2rI fireebomd krd thirty daps- as nquirod. by the nw DWQ-pow►. The lagoon levels were near the mm maim level prior to the hwricanes this fall. Manager offiv&oard 1eveh has been made difficult by the hurricane events during the past faR xad the wive ram and snow mods during Jrmua y In order to prevan firtane kLmfficient freeboard levels, the following actions have been taken: manitoriug and mWixvizimst fia h vvder usage, urgW mg as much as possrble on the crops to lower lagoons in preparation for hurricane and winter seasons, and am seeding all coastal be=da for vmter irrigation. Die the higher levied of managemmat required this wmter to mainumn lagoon levels, no over-apph z6on or age has oocmvd at Turnbull ConTany Farms. The lagoon levels, although less than 1.2" when reported were lowered below the structural fiuehoard level within a day. Ca9dc fng this and the fiact that this farm has a good history of oompliance., neither a Notice of Vw' bdan nor an Action should be isamd. mod, we request that the Notice of %olafim be rescinded and a Notice ofDeficmcy issued as is DWQ policy for farms which complied with sb to regulations and were between 12" and 19" during this time period We appreciate your m this matter. If you require fruther won, please contact are at (910) 866-5395. Siaoerely, Bobton THE TURNBULL COMPANY LLC 71 �_ 2050 GUM SHAW ROAD Rt �� V D WHITE OAK, NC 28399 910 866-5395 .iuj.. 2 9 1998 FAYET TEVIiLE REG. OFFICE Mr. Bob Heath DEHNR Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5034 Dear Mr. Heath: This letter is in response to the Notice of Deficiency dated July 9, 1998 issued to The Turnbull Company Swine facility, Facility No. 09-107. As instructed, a technical specialist has been consulted for assistance in weed -control practices and will be available for future consultation. The bermuda crop will be monitored closely and re -sprigged in spring if. necessary. In addition, an addendum to the waste management plan is being made to reduce the nitrogen appllication rate for the newly sprigged coastal. This does not affect the total nitrogen utillization of the farm due to the excess number of acres available for irrigation. If you have any further questions, please contact me at the above number, or Sonya Johnson at 910 645-6758. Sincerely, W_ K4-'t'X ��� IA W. Robert Livingston, Jr. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 9, 1998 U:�Jrl�ll I 1 - r -1140 Mr. Bob Livingston 2050 Gum Shaw Road White Oak, NC 28399 SUBJECT: NOTICE OF DEFICIENCY Turnbull Company Swine Facility Registration No. 09-107 Bladen County Dear Mr. Livingston On July 6, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Turnbull Company swine facility. It was observed that a suitable cover grass needs to be established in bare areas of the lagoon dike. It was also observed that the certified animal waste management plan (CAWMP) had recently been modified to require bermuda grass on the majority of the waste application fields. The grass was poor to none;dstent and the fields were predominantly overgrown with competitive grasses (nut sedge, crabgrass, signal grass, etc.) . In regard to the deficiencies noted during the inspection, the following actions are requested: L Consult with a technical specialist for assistance in regard to removal of the grass competition and the evaluation of the bermuda sprigs. Due to the extremely hot and dry conditions tins spring the establishment of sixty plus acres of bermuda grass from sprigs may be impossible. Please notify this office on or before August 15, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. 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. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 91 O-4BB-1541 FAX 810-4$6-0707 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/10% POST -CONSUMER PAPER a Mr. Bob Livingston Page 2 July 9, 1998 If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS STATE OF NORTH CAROLINA COUNTY OF Bladen IN THE MATTER OF Turnbull Co. Farms LLC FOR VIOLATIONS OF PERMIT 15A NCAC 2H .0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD } FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES } } Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, Enforcement and Compliance Supervisor, Division of. Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. W. Robert Livingston Jr., Turnbull Co. Farms LLC operates a concentrated animal operation in Bladen County. B. The Turnbull Co_ Farms LLC was permitted as a nondischarge facility on 6�KD 1994, in accordance with 15A NCAC 2H .0217. C_ July 21, 2003, DWQ staff observed a discharge of wastewater by the Turnbull Co. Farms LLC from a clogged discharge line to a un-named tributary of Ellis Creek , which are Class "C - SW" waters of the State within the Cape Fear River Basin- D. The Turnbull Co_ Farms LLC had no valid permit for the above described activities. E. The cost to the State of the enforcement procedures in this matter totaled $ 434.44 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. The Turnbull Co. Farms LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G_S.143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1_ C. That Ellis Creek and its tributaries constitute waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S_ 143-212(6). e e_ opts � D. The above -cited discharge is a violation of the nondischarge permit, 15A NCAC 2H _0217. 59,XLZL E. Turnbull Co. Farms LLC, may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S_ 143-215.1. F. The State's enforcement costs in this matter may be assessed against Tumbul] Co. Farms LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above bindings of Fact and Conclusions of Law, 1 make the following: Ill. DECISION: Accordingly, Turnbull Co.Farms LLC is hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violation of 15A NCAC 214.0217. $ TOTAL CIVIL PENALTY, authorized by G_S. 143-215.6A. $ 434.44 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have considered the factors listed in G.S.14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality ` \NArF Michael F. Easley. Governor 0 9t William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director > Division of Water Quality p Coleco H. Sullins. Deputy Director Division of Water Quality September 17, 2003 MEMORANDUM TO: Jeff Poupart Non-Dischar a Compliance A THRU: Paul Ra is Water Qua l Regional Supervisor Q Fayetteville Regional Office FROM: Larry Baxley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package Turnbull Company Farms, LLC Facility No. 09-107 Bladen County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. if you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-0707 \ Internet: w,ww.enr.state.nc.t1s/1_NR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ANIMAS. OPERATION INSPECTION FORM 1. Date of Inspection(s): July 21, 2003. 2, Regional Office: Fayetteville, Water Quality Section 3. Name of Owner of Property: W. Robert Livingston. 4. Name of Operator: Turnbull Co. Farms, LLC. 5. Address: 2019 Dowd Dairy White Oak, NC 28399 6. Phone Number: (91 O 866 - 5297. 7. Description of Facility Location, Map excerpt attached: Farm is located on the west side of SR 1332, 1 mile south of the intersection with SR 1.324. 8. Date this facility began operation: 4/26/1994. 9. Date of last expansion: Not applicable. l0. Has the facility registered with DWQ? If yes, date of registration: N/A. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation: NIA. 13. Type of Operation: Swine: Farrow to Wean. 14. Number and type of livestock: There were approximatelygpproximatgly 2,400 animals on the site at the time of inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period: Twelve (12) months 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, facility was designed to utilize approximately 96.6 acres of land on which to gpply waste. The certified waste management plan calls for bermuda hay and Bermuda grazed both of which can be overseeded with small gTain. It also allows corn and fescue gjazed as well. 17. Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over flushing its_ Waste is flushed as needed from floor pits into the waste lagoon s stem. The 1 oon s ern is composed of one 1 lagoon from which waste can be 12umped to the application fields via a mobile reel and spray gun system. 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A swine farm owned and operated by Mr. William R. Kinlaw , facility number 9-133, is about 1 mile to the south . 19. Proximity of facility to neighboring houses, wells, etc.: The nearest residence is at a distance of rg eater than 1,000 feet. 20. Approximate depth of -ground water table in the area of the facility or discharge: Unknown. 2 21. Proximity of facility to surface waters: The UT extends through topggWhic drainage approximately .25 mile to the Ellis Creek. 22. Animal waste discharged: Swine Witnesses: Larry Baxley, DWO-WO Fayetteville Regional Office (910) 486-1541 Paul_ Sherman, DWO-WO Fayetteville Regional Office (910) 486-1541 23. Are pollutants discharged in the waters of the State? YES 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? Yes. 25. What is the degree and extent of harm to the natural resources ofthe State, public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters, that will cause or add to the _possibility -of al —al blooms and accelerated eutrophication of the stream. There are no known public health issues at this time. Waste discharges of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of Agriculture. Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation? DWQ staff arrived at the Tumhull Co. _Farms _on_the morning of July 21, 2003 in response to a call received from Mr, Livingston's agent , Kathy Dugan_ Ms. Dut~an explained that a plugged swine house discharge line had resulted in a spill _and. that cleanup and repair efforts were being made. During the site visit wastewater was observed to be exiting and had exited a storm diversion ditch adjacent to the lagoon. The area had very recently been mown and the stubble left suggested that it had been overgrown around the pipe where the spill originated, The wastewater then traveled several hundred yards through the woods and into an unnamed tributary of Ellis Creek. Samples were taken in several Iocations as. well as photographs to document the extent and scope of the spill. The farm manager stated that the problem was discovered by one of his employees and they had repaired it immediately. However he could not establish a timeframe as to the duration of the spill or the amount lost. Given the amount of waste still, on site and the distance it had traveled it is reasonable to believe the spill had been going on for some time and that more frequent area maintenance could have detected it sooner. The discharge was estimated to be approximately 1,000 gallons by Mr. Livingston. but the evidence suggest it probably was much more.. ABBREVIATED SAMPLE RESULTS Location Coliform, Fecal Source 3,100,000/ l 00ml Downstream 58,000 El [is Creek to Downstream Ellis Creek 58 Upstream 27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream. 28, What is the cost of rectifying the damage? The cost of rectifying damage would have included recoverin waste from the branch in the wooded area and returninp, the waste to the lagoons orspray field. 29. What is the amount of money saved by noncompliance'? NIA. 30. Was the violation committed willfully or intentionally? While closer monitoring and maintenance of the lagoon area possibly could have prevented or at least lessened the incidents impact it can not be stated that the violation was willfully committed_ 3 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? 07/09/98 Notice of Deficiency Bare areas on dike and poor receiving crop. 03/20/00 NOV/NOI Facility had less than required freeboard. 32. What is the cost to the State for the enforcement procedures? Coliform, Fecal: S23.40/ea X 4 samples S 93.60 Larry Baxley @ 19.03/hr X 2.0 hrs (Investigation) S 38.06 Drive time-2.01irs S 38.06 Report Development- 8.0hrs $ 152.24 Paul Sherman@ 28.12/hr X 2.0 hrs (Investigation) S 56.24 Drive time- 2hrs $ 5624 Central Office Review 1$ 00.00 TOTAL S 434.44 33. Type or general nature of business: Swine, Farrow to Wean. 34. What is the violator's degree of cooperation or recalcitrance? Cooperative. The owner has taken steps lessen the environmental impacts and has initiated policies to prevent a future occurrence. 35. Are there any mitigating circumstances? N/A 36. Assessment Factors: a. IWC: Unknown b. Receiving Stream: Unnamed tributary to Ellis Creek, Class C.Sw. c. Damage: None observed at time of incident. 37. Include a copy of any Designation letter.signed by the Director. N/A 38. Recommendations Made to Owner/Operator: I- To actively monitor all areas of the waste management System. 2- To dig a small depression in the flow corridor and to Rump the collected material back to the lagoon or on to a spM field. 39. Recommendations for further DWQ Action: 1- Notice of Violation / Notice of Intent (Forwarded August 14. 2003) 2- Enforcement Action 3- Reinspection 40. Other Comments: STATE OF NORTH CAROLINA COUNTY OF Bladen IN THE MATTER OF Turnbull Co. Fauns LLC FOR VIOLATIONS OF PERMIT 15A NCAC 2H _0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD ) FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, JeffPoupari, Enforcement and Compliance Supervisor, Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A_ Mr. W. Robert Livingston Jr., Turnbull Co. Farms LLC operates a concentrated animal operation in Bladen County. B_ The Turnbull Co. Farms LLC was permitted as a nondischarge facility on April 26, 1994, in accordance with 15A NCAC 2H .0217. C. July 21, 2003, DWQ staff observed a discharge of wastewater by the Turnbull Co. Farms LLC from a clogged discharge line to a un-named tributary of Ellis Creek, which are Class "C - SW" waters of the State within the Cape Fear River Basin, D. The Turnbull Co. Farms LLC had no valid permit for the above described activities- E. The cost to the State of the enforcement procedures in this matter totaled $ 434.44 Based upon the above Findings of Fact, 1 make the following: CONCLUSIONS OF LAW: A_ The Turnbull Co. Farms LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S_ 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. That Ellis Creek and its tributaries constitute waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D_ The above -cited discharge is a violation of the nondischarge permit, 15A NCAC 2H .0217_ E. Turnbull Co. Farms LLC, may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terns, conditions or requirement of permit required by G.S. 143-215. l _ F. The State's enforcement costs in this matter may be assessed against Turnbull Co. Farms LLC pursuant to G_S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S.143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, make the following: Ill. DECISION: (Date) Accordingly, Turnbull Co. Farms LLC is hereby assessed a civil penalty of: for discharging waste to the waters of the State in violation of 15A NCAC 2H _0217_ TOTAL CIVIL PENALTY. authorized by G.S. 143-215.6A_ $ 434.44 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty l have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality of Visit ® Compliance Inspection O Operation Review O Lagoon Evaluation IReason for Visit ® Routine O Complaint O Fallow up O Emergency Notification O Other ❑ Denied Access Facility Number 9 107 r Date ofVisit: 07-11-2003 Time: 9:t30 Not Operational 0 Below'l'hreshald ® Permitted ® Certified © Conditionally Certified © Registered Date hart Operated or Above Threshold: Farm Name: Tlirphutt.Coitlmy.Farms" LUC...................... County. Bjien------------------------------------ FRO -----•--- Owner Name: BtihX.itittgS�ttzR Phone No: >✓�fr�2? --------------•------------------- mailing Address: Zi?19 f?.wd.ftaitr.Y.Rd............................ ................Whik.0ak..1N.C.........._..._............................ . Z03.99 ............. Facility Contact: 1 tb,�'.Augaiott ------------- Title: Agent... Phone No: ...................................... Onsite Representative:Integrator: [4tY SltLC�ritlisat►..IAIt._---------------• Certified Operator: W..Robin ............................ Livingston ....................................... Operator Certification Number: Xfi9.,53............................. Location of Farm: Dn west side of SR 1332, 1 mile south of intersection with SR 1324. + ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • ®� 15 I.ongitude 78 • 40 C 30 u Design Curi en`t Design Current +: Design ,.Current ' Swipe C:iI"actt� :Pa iulation E0, .ry Capacity Po` tifatton..- Cattle ti `Cap adt °Po ulation�' ❑ Wean to Feeder ❑ Layer JE1 Dairy Q Feeder to Finish ❑ Non -Layer ❑ Non-Dairy Farrow to Wean 2400 ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish ' otal D6igln Capadiy 2,400 ❑ Gilts ❑ Boars Total SSLw 1,039,200 -.'-Number of Lagoons _ 2 ❑Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area - HoEdtag,PeQds /Soled Traps ❑ No IJ uid Waste Management System DischarUes & Stream Impacts 1. is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ® Other a. If discharge is observed, was the conveyance man-made'? b. If discharge is obsen'ed, did it reach Water ofthe State? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow, in gal/min? d. floes discharge bypass a lagoon system?(ifycs, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 0 Yes ❑ No ❑ Yes ❑ No ® Yes ❑ No N/A ® Yes ❑ No ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes ® No StTLICture I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (inches): ...... 05/0 i/01 Cnntinued Facility Number: 9-107 Date of Inspection 07-21-2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No ❑ Yes ® No ❑ 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 Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes IN No 12. Crop type Coastal Bermuda (Graze) Fescue (Graze) Coastal Bermuda (Hay) Small Grain Overseed 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. 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 t6. Is there a lack of adequate waste application equipment? ❑ Yes ® No Reuuired 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 21. 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'? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ® No 24. Does facility require a follow-up visit by same agency? ® Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments refer'ta,4aestiod# `E:c lain ao YES answers aitdfor an ��ecommendations or, an oilier comments ( q ) _p v t ) Y Use drawEngs,of facthty to better explain situahosis`(dsi add,ho_naI pages as necessary] ®Field Copy ❑Final Notes s '.. r � - ✓. s .v .,. ^.� ,, [ _ . ... .{'4 '3 "'.�:F' a: . s ..., __, , a_- , , s.�_. y,�:i 'a:y . L " l ��r r;,?,E � r, ,�.,�r : � The farm was visited as result of a call from Kathy Dugan acting as Mr. Livingston's agent. One of the swine house discharge lines had lugged during cleanout of the house resulting in a waste spill. The waste had crossed a diversion ditch and discharged into a wooded area. The waste had then traveled several hundred yards into an UT of Ellis Creek_ �. Reviewer/Inspector Name Larry Baxlcy, t r• *' Paut Shermaa 3 5 V5 .f Reviewer/Inspector Signature: Date: APT:NAWA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 14, 2003 CERTIFIED MAIL RETURN RECEIPT RE UESTED Mr. W. Robert Livingston Jr. 2019 Dowd Dairy Rd. White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT Turnbull Co. Farms LLC Permit No. AWS090107 Facility No. 9 - 107 Bladen County Dear Mr. Livingston: William G. Ross Jr., Secretary Alan Klimek, P.E., 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 214.0217 Permit. On July 21, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a report of a waste spill received from Ms_ Kathy Dugan of Galberry Services. Upon arrival at the facility, it was observed that wastewater had exited a plugged house discharge line. The wastewater then entered and crossed a storm water diversion ditch, and flowed overland into the adjacent wooded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Ellis Creek. The wastewater originated at the clogged house discharge line, which had been repaired before DWQ staff arrived. DWQ was notified of the incident within 24 hours of first knowledge of the incident as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed_ 1. Inspect the waste treatment and disposal'system more frequently with emphasis during irrigation events and the flushing of swine houses. 2. These inspections of future events will include observation of the above ground clean out pipes. 225 GREEN STREET - SUITE 714. SYSTEL BUILDINU: FAYETTEVILLE, NC 28301-5043 PHONE (910) 4N6-1541 FAX (910) 486-0707 %VVVW ENR_ TATE.,NC-I �S ENR' ANEQUAI.OPPORTUNI'rY"AFF1RhtaTIVEACTIONEMPLOYFR--50%RECYCLEDI()% POSTCONSUMER PAPER DENR TOLL FREE HOTLLNE: 1-877-023-6748 a Complete iterns 11. 2,and 3, Also complet6' item 4 it RestrIcted Delivery is desired.. ■ Print y6ur name ihd'address on the reverse so that we can return the card to you. A. Received by (F)ease Print Cleady) 13:1 Da ;e of Delivery C. Signature ■,Attach this card to the back of the mailpiace, Xjj( 0 Agent 0 Addressee or on the front it s fts.,. If YES, enter delivery address below: MR'W ROBERT LfVLNGSTON YR TLJRNBULL.CO FARMS LLC 2019 DOWD DAIRY RD WBTTE OAK NC 28399 3. Service Type WCertifiad Mall 0 EKPreSS Mail 0 Registered 11 Return Receipt for Merchandise 1:1 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Article Number (Ranstenfrom service lame j i 7001 2510'0000 ;6679'6644 Ps Form 3811, March 2001 Domestic Return Receipt -M-1424 102595-01 General Facility :Information_ kadimF'�-i I I-t 09 I -K�vz-" — I .. � __ L... I Certified Farm Name Paden Turnbull Company Farms, LLC Owner Phone Number Bob Livingston 866-5297 Manager Manager Phone Address 2019 Dowd Dairy Rd. Lessee White Oak NC 28399 10 ARO 0 MRO 0 WARO 0 WSRO Location O FRO 0 RRO 0 WIRO 6 n.west side. of SR-1332 -1.mile-south of intersection with -SR .1324: - ... - - . . ... . _........: Certified Operator in Charge I [W. Robert IlLivingston Backup Certified Operator Comments prati�n:.:CagYioh:loed:;: Date inactivated or closed rr .... . Type of Operation ® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Coats ❑ None Design Capacity r' ❑Layer-� � ;.. �� � ,��, -NdnLayer.= ::.,.;• ; :;Y . r Total 2,400 Swine �k'Js ,�Stu� _ ri F� 5 .`Fs SSLW 1,039,200 Darrow to Wean Tub�etefLagoods'`I`.wHot_dtitgPonds 2 's;i;cigb;`ota;C'acit:�€t3' 1,644,320 t; ' ❑ Subsurface Drains -Present-:.: La oon.Area S ray -Field Area. . k`•' ` :�•'; �- �' �, �;� ' ; - - - 4 � - ..ti ti '- ,h `� ''.' :.• .,;. ,l•'� .4-±..� 4y '. ,y - '.�`.. -� ;, "�ti�`'. h'� ���'.,-• `:.v .`"t -' "'.,�.� .` ��'�'���•�`� `'� * \� . ❑'a�.o.lfiquic VR7asfe:Nlariagemeut-5stem 1_ w `� > 't •�� �`'�`,`�' ``.:�.t; ,� ' `:• 5,��`,� :4. ���' . ti,.�, wt +�4.i`. `..� �`.. ,h •k���`� Z •. i�`'.4--�"''� ,,�� '�.��,.��,k:, �.``�.L{:'.�..��ti4•� . a - •�t � ':.4��'..�. ~• ��•, ��� �`� Turnbull Company Farms, LLC Brown's of Carolina, Inc. Latitude 34.7375 F. W1 Ik f� ; F. f! b A r.5roers<�rSi L f�l �2 34 44 1S ❑ Request to be removed ❑ Removal Confirmation Recieved Comments Regional DWQ Staff . • , ;F. -1 , �.0 Longitude 78.6750 �1�fxiiLr X-C n;rfliF6rf-.i�!r 7$ 40 30 12/28/1997 (M exp020 Irrigation System Higher Yields Vegetation Acreage Other Basin Name: Cape Fear • . IiF'�'•� ;�. '?; '; f si .l tr, s,t t �,s jkl "«� � i eT,'� , ti','S �,�, 'L{y :�� �. .91q _.. ,t s . ' 5, t fi ,•r.�t a, �'•� e !.;' '`,. 14 yps " en1, Sample Point �.' Or Ay + R§� F'. �+�Ep_y'Y�'Y,py�r•P' A ��,f��'��Y �.r i',I � 8�y7"i, '�' `i' 1 }�'Y r'y.a� 4 e�,,yfY,;'��'„ .. ,� ' _ . , y s r �:•r � �•�'��,� . �.,. ,. `,:I�il `r•�', . w'e .� h � RY'. :ti,.. � •, w,. \'.l .�,j Fa r,.,•�. � i� r - { r . • + t _Jr�ii �r ___ _TM . a,.: �l�` , ' Apa � r. �, � E + ni�.�,,`' ' ��. ,� J„ �' 'i � r aa. 1� �4 P f. �,��" "�•. i , _ I pJ. 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FAYETTEVILLE DIVISION NC #11 Mi 2592 HOPE MILLS ROAD NC #37714 croba'c FAYETTEVILLE, NC 26306 USDA #3797 (910) 664-1920 / (9101 664-8774 (FAX) 1-ittp.//www.t-nierc)bac.coiii CHEMISTRY • IMICROBIOLOGY • FOOD SAFFTY • CONSUMER PRODUCTS WATER • AIR - WASTES • FOOD • PHARINIACFUTICALS • NUTRACEL1TiCA1 5 CERTIFICATE OF ANALYSIS CLIENT: NC DENR — DWQ ADDRESS: 225 Green Street, #714 Fayetteville, NC 28301 CONTACT PERSON: Mr. L. Baxley ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #03WE74618 2. Downstream - ID #03WD74619 3. Ellis Creek, Down- ID #03WD74620 4. Ellis Creek, Up- ID #03WU74621 DATE REC'D: 07/21/03 SAMPLED: 07/21/03 SAMPLED BY: L. Baxley DELIVERED BY: L. Baxley SAMPLE CODE: WW, .Grab REFERENCE: Turnbull DATA REVIEWED BY: DATE REPORTED: 07/23 03 k k i+ k} k k k k k k++ k+}} k k} k i k k k++} k}}} k i k} k##+#} k k}} k k k*# k} i k++ k}}#} i 4 k k k# i" k k k}+# i k k k k k} k+ k} k i# ANALYSIS METHOD 1 2 3 4 +++++++++k+k+++++#k+k+}kkk#++++k++++k+++++++kk+k+++#k+kkkk++k###+kk+k+++k+++#+#kk+++++++++ COLIFORM, FECAL.(per 100 ml) SM18 9222D 3100000-. 580000. 10. 58 COUNTS: < = Less than > = Greater than PAGE 1 OF 1 TN- data arc' Whcr inrormat,..n coaiairied on ih y, a+d !eer accv:+.'pa ;yine; '._ "=- :;. sent or;ry SI;s n-i is ;ed a )r+ "N wfu ditic , i'+a i1 is r,_l to ba ro..ro_i,.;....:!:x.!I; ar ir. part, for M B � is 2 a y: erl and rerf�!e p:, vtc-r ❑urpC writt,�r; appro--a! N'-, 0h2 I'17D� ?„iry �}• e.i?;-cY-P:}C?SH'fe>! r;c : oc,i 8ar,itatir. i Consu!sing „rnca!,lr,: `Aic;rs, inir;; r„! :; .._ and P,ese,�rch Report to: i WATER QUALITY SECTION CHAIN OF CUSTODY (COC) RECORD NC DENR/DWQ LABORATORY (check one): VeCENTRAL I I ARO I I WaRO Page I of For Investigation of: Sample collector (print name) and DM-1 forms completed by: tt urn a rt Sample collector's signature: Field storage conditions and location (when applicable): Lab Use Only LAB NO. . STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER, OF CONTAINERS c o� 1.43 j; S0 1 3uJ TusnbwiE. jj —Oc�s. s'i can 0-7Xdlle3 ' rJD p ui Tin ul LA 0-7 �A %3 C? `. SO (f__ `'AID Tin c� I rrEll G! j� DOwr% 07 e1t /U 3 ` 6 Re ' fished b ): D*e NiA 03 Time 3:3v Recei to (" -r.m•e Relin is ed by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time k Method of Shipment (circle one): tate Courier and -delivered Federal Express UPS Other: Security Type and Conditions: Scaled by: Bro n b INTRALABORATORY CHAIN OF CUSTODY - Lab Use Onl LAB NUMBERS: FROM THROUGH NUMBER BOTTLES ANALYSES . REQUESTED RELINQUISHED BY: RECEIVED BY: DATE TI\Ni£ W 4 w i 0. /a Ebunt`: Bladen - 09 107 y;. Eaeilit Numlier wine T, y s '' ry d Owlneir: Bob L.ivin stun ::.FarmNarnea: Turnbull Company harms LLC g P v , C-0-Me5�Q�_ ence H.ls QI Reason for E,xernption.2H .0204:Certlftcation 1 — Letter Date . Type:of,Letter_ Additional Comments F `,.L F �NEstablish coy r-on bare,areas=of dike: ` ;A., Notice of'Deftciency, i'oor ta;tiioiiexistent berinucfa crop 4 „1-."..: m� 1,.,,, a... •'.� 1,,.. w... ,...K..7 ..- ... e,....:- .. . ....� .,_ _... L.. :,r`•l n..,-,,,,.,... .a>.:_.,,e.;� ... s. -.e.. , ,... e... -.., ..-. , , r _ > 03120/00 INNOV 1 Notice of Recommendation for §FRO was notified on 1/28100 by thefacility that lagoon freeboardsEnforcement were less than minimum required by General Permit. ` ti... ;NOV 1 Notice of Recommendation for age s• 08/14/03 Disch r to WO A `Enforcement a Case Number:_ Central Office'Ltig In ," .Date :Penalty Assessed, Penalty Amount, Amount Paid Case Closed Date pt; ;,451231(fl653 i'4i3:711 p101". `. >. f•j9..1 1� P H Tfµ•,�y,, r^, r}..� ��>�sl �•, R� 'v_ 311�yytil F^ y�Y,�itFf J�S �P�'^ k `�f W" tt }Fs'1 f 4 t� 1 i,Y V, ! I +•4 _Ue Visit ation:H1s_ tort' Visitation 2a3 Date, Agency + Type of Visit ' . 07/21103 divisir�n of U►]atert�ualzty- CornIsaiice'iris' ectanr: Visitation 2002 Visit tion a 2�O:U Date I Agency;, Type of Vlsit Date" . A eft g y T Type of Visit 03121102'.. Division of:'Watec -Quality .. Complia'tice-lris ection- 02/22/00 i7ivisiori of Water Quality = Compliance Inspection 121p�j02 iDivision of Sail and Water Qperatior, Review +' Division of Water Quality Compliance Inspection ~ 11117/00 Division of Soil and Water Operation Review Turnbull Co. Farms LLC September 3, 2003 Paul Rawls, Regional Water Quality Supervisor North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Rawls: 2019 Dowd Dairy Rd. White Oak, NC 28399 Tel: 910-866-5297 Fax:910-866-5396 RECEIVED 'Jm-FRlU TULLERrGI NALC iCE Thank you for the opportunity to provide an explanation for the accidental spill on my farm that was reported on July 21, 2003. As you know, the discharge was reported in a timely manner in accordance with my general permit and was the result of a cleanout pipe that overflowed. For clarity, the items you requested be addressed in your August 14, 2003 letter will be presented in the same order. 1. Inspection of the waste treatment and disposal system: a. During irrigation events, the system is checked approximately every 90 minutes. b. The lagoon area, as well as the rest of the collection, treatment and storage structures, will be inspected after storm events as required by the general permit. c. Additionally, during the time the houses are being flushed, the system will be inspected. 2. Observation of the above ground clean out pipes: a. Since the accidental spill, the clean out pipes have been inspected daily. b. One individual has been designated to check the lagoon structure weekly, when flushing pits and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. c. Employees have committed to re -double efforts to prevent the loss of any sleeves, bags or other equipment into the pit which could result in the back up of waste. My employees are aware of the spill and want to do their part to keep this farm in compliance. 3. Copies of the WUP plan, past 12 months of waste analyses and freeboard levels are attached. 4. Best management practices: a. As stated in 2b above, one individual has been designated to check the lagoon structure weekly and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. b. An additional inspection will take place after flushing the houses, as indicated in 1 c above. c. The employee who operates the irrigation system is very careful to bring the pressure in the system up gradually to avoid any possible leaks. 5. Maintenance frequency of the waste disposal system, including lagoon area: a. To improve visual inspections, the lagoon area will be mowed every other month during the summer. b. As any replacement of pipe is needed in the pressurized system, the older pipe is replaced with improved schedule 80 PVC pipe instead of schedule 40 that was used originally. 6. Explanation of how the incident occurred, estimated waste water spilled and steps for remediation: a. The spill was a result of a broken clean out pipe that overflowed; the clean out pipe was repaired immediately after discovery. b. The estimate of waste water spilled was greater than 1000 gallons. c_ The discharged liquid that remained was contained in a dug hole and was pumped back into the lagoon to prevent the potential of further run-off. d. A small berm was constructed to prevent the loss of any more waste water down the slope behind the lagoon. e. Millet was planted in the area behind the lagoon to take up any excess nutrients and to stabilize the area. f. The site has been inspected on a regular basis for any other problems. 7. Additionally included are pictures of the site that show remediation efforts. Please note details written on the back of the pictures. I have taken every remediation measure suggested and feel that the accidental spill was contained in as fast and effective way as possible. Further, heavy rainfall in the area during this time would have diluted any waste water that potentially moved as far as the tributary, thereby reducing the possibility of damage to Ellis Creek. If further information is needed, or if you have any questions or concerns, please feel free to contact me at 910-866-5395. Sincerrell�y�,-}- W. Robert Livingston, Jr. Turnbull Co. Farms LLC 2019 Dowd L airy Rd. k0ite Oak-, NC 28399 Tel: 910-866-5297 Fax: 910-866-5296 July 24, 2003 Larry Baxley North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Baxley: As required by the General Permit, this letter serves as a written report of the spill that occurred at Turnbull Company Farms, LLC on July 20, 2003 that was reported to DWQ, Fayetteville Regional Office at approximately 8:30 a.m. on July 21, 2003. Responding to the report of a spill were Mr. Paul Sherman and you. The spill was a result of a broken clean out pipe that overflowed; the clean out pipe was repaired immediately after the discovery and prior to your visit. Close and regular examination of the above ground clean out pipes will be a priority of farm management in the future. In a meeting with the farm crew, one individual was designated to check the lagoon structure weekly and after every rainfall event of one inch or more, in addition to the inspection by the certified operator_ Further, the employees indicated that they would re -double efforts to prevent the loss of any sleeves, bags or other equipment into the pit which could result in the back up of waste. The discharged liquid that remained was contained in a dug hole and was pumped back into the lagoon to prevent the potential of further run-off. The site has been inspected on a regular basis for any other problems. If further information is needed, or if you have any questions or concerns, please feel free to contact me at 910-866-5395. Sincerely, W. Robert Livingston, Jr. r NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capacity: Storage Structure: Storage Period: Application Method: Bob Livingston Turnbull Company Farms Bladen Far -Wean 2400 Anaerobic Lagoon 180 days Irrigation RECO1 SLP wnp DEMR-�ny1:-rWUr ral!]AALOf If E The waste from your animal facility must be land applied at a specified rate to prevent pollution ' of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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 soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities_ 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4_ Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor Page: 1 problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential r- for pollution, the waste should be applied to a growing crop or applied not more than 30 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 on 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 based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied_ Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for speck crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 21-1.0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): 2400 animals X 3212 gallanimallyear = AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): 2400 animals X 5.40 Ibs/animal/year = 7708800 gallons 12,960.00 Ibs Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type, and surface application. Hyd Field Soil I Crop I Yield I Ibs N I Acres Lbs N/Ac Lbs N I !bs N I Time to Type Code 1Ac /unit I I Residual I IAc Reauired Am& Page: 2 110 23 WaB C 5.5 50.00 3.00 275.0 825.00 Mar -Oct 111 23 WaB C 5.5 50.00 2.87 275.0 789,25 Mar -Oct -� 112 23 WaB C 5.5 50.00 1.21 275.0 332.75 Mar -Oct 213 22 WaB C 5.5 50.00 4.36 275.0 1199.00 Mar -Oct 214 22 WaB C 5.5 50.00 1.66 275.0 456.50 Mar -Oct 310 13 NoA P 3.0 50.00 5.89 150.0 883.50 Apr-S 311 11,13 NoA P 3.0 50.00 1.31 150.0 196.50 Apr-S 312 12 KeA B 4.1 50.00 2.15 205.0 440.75 Mar -Oct 313 9 Ro B 3.0 50.00 3.95 150.0 592.50 Mar -Oct 315 5-7 Ro P 3.0 50.00 3.05 150.0 457.50 Apr-S 316 5-7 Ro P 3.0 50.00 6.09' 150.0 913.50 Apr-S 317 20 Ro B 3.0 50.00 3.41 150.0 511.50 Mar -Oct 318 8,10 WgB B 4.5 50.00 4.65 225.0 1046.25 Mar -Oct 319 8,10 WgB B 4.5 50.00 5.18 225.0 1165.50 Mar -Oct 320 8.6 WgB B 4.5 50.00 5.34 225.0 1201.50 Mar -Oct 330 4 Ro G 2.9 50.00 3.03 145.0 439.35 F-June, S-N 331 4 Ro G 2.9 50.00 5.79 145.0 839.55 F-June, S-N 332 4 Ro G 2.9 50.00 6.14 145.0 890.30 F-June, S-N 333 4 Ro G 2.9 50.00 4.26 145.0 617.70 F-June, S-N 334 4 Ro G 2.9 50.00 4.71 145.0 682.95 F-June, S-N 335 5 We P . 3.0 50.00 6.82 150.0 1023.00 April -Aug 337 5 We P 3.0 50.00 6-14 150.0 921.00 April -Aug 339 5 We P 3.0 50.00 3.16 150.0 474.00 April -Aug 414 5 WgB P 3.0 50.00 2.44 150.0 366.00 April -Aug - Total 96.6 17265.35 Available N 12960.00 *Difference-4305.35 --Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. *A negative number reflects the total lbs of additional nitrogen needed to achieve yields on acreage listed in chart. A positive number means additional acreage is required to utilize the nitrogen produced by the farm. NOTE: This plan does not include commercial fertilizer- The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. - In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed Page: 3 through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care ,-.should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss_of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October_ Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. The following legend explains the crop codes listed in the table above: Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Com - Silage F Cotton G Fescue- Grazed H Fescue- Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat 0 Soybean P Millet Hay Lbs N utilized / tinitAeld 1.6 lbs N / bushel 50 lbs N I ton 50 lbs N / ton 1.25 lbs. N / bushel 12 lbs. N 1 ton 0.12 lbs N f lbs lint 50 lbs N / ton 50 lbs N / ton 1.3 lbs N / bushel 2.4 lbs N / bushel 50 lbs N 1 acre 50 lbs N / acre 2.5 Ibs N / cwt 2.4 lbs N / bushel 4.0 lbs N / bushel 50 lbs N 1 ton Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used.for the utilization of animal waste_ SLUDGE APPLICATION: Page: 4 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to r prevent over application of nutrients or other elements. Your production facility will produce approximately 0.84 pounds of plant available nitrogen per animal per year in the sludge based on the application method listed earlier. If you remove the sludge every 5 years, you will have approximately 10080.00 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will creed 33.60 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 80.64 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25°% depending on your sludge waste analysis, soil types, realistic yields, and applications. APPLICATION OF WASTE BY IRRIGATfON: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should no_t exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop_ If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid_ The following is provided as a guide for establishing application rates and amounts. Tract Feld Soil Type Crop Application Rate inlhr Application Amount * inches 110 23 WaB C 0.60 1.00 111 23 WaB C 0.60 1.00 112 23 WaB C 0.60 1.00 213 22 WaB C 0.60 1.00 214 22 WaB C 0.60 1.00 310 13 NoA B 0.50 1.00 311 11,13 NoA B 0.50 1.00 312 12 KeA B 0.50 1.00 313 9 Ro B 0.35 1.00 315 5-7 Ro D 0.35 1.00 316 5-7 Ro D 0.35 1.00 317 20 Ro B 0.35 1.00 318 8.10 WgB B 0.75 0.75 319 8,10 WgB B 0.75 0.75 320 8,6 WgB B 0.75 0.75 330 4 Ro G 0.35 1.00 331 4 Ro I G 0.35 1.00 Page: 5 332 4 Ro G 0.35 1.00 333 4 Ro G 0.35 1.00 334 4 Ra G 0.35 1.00 335 5 We P 0.35 1.00 336 4 Ro G 0.36 1.00 337 5 We P 0.35 1.00 339 5 We P 0.35 1.00 414 5 WgB D 0.75 0.75 "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 because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsiability of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. Additional Comments: Grower is not required but may opt to overseed any or all acreage listed in small grain to be cut for hay or grazed. Applications should not exceed 50 lbs Wac for this winter crop_ Application window for small grain is S-April; Hydrants 330-334 will be planted in small grain and millet rotation and planted in fescue again in Fall of 2003. Application rates would be 50 Ibs N/ac and 150 Ibs N/ac respectively. Page: 6 ! . j 2 Jr LL!,',,, 3 Turnbull Co. Farms L= - --- 2019 Dawd Dairy Rd TeE 91048b&SM F= 9108G6-5296 July 24, 2003 Larry Baxley North Carolina rhvision of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Greer Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Baxley: _ As required by the General hermit, this letter serves as a written report of the spill ftm nccumed at Turnhull Company Farms, LLC an July 20. 2003 that was reported to DWQ, Fayetteville Regional Office at approximately 8:30 a.m. on July 21, 2003'. Responding to the report of a spill were Mr. Paul Shetnm and you IU spill was a result of a broken clean out pipe that overflowed; the clean out pipe was repaired immediately after the discovery and prior to your vidL Close wal regular examination of the above ground clean out pipes will be a priority of farm manugerncnt in the futwv, In a meeting with the farm crew. one individual was designated to check the lagoon structure woolly and after every rainfall eve¢tt of one inch or more, in addition to the inspection by the certified operator. Further, the employees indicated that they would re -double efforts to prevent the loss of any slceves, bags or ottwr equipment into the pit which could result in the back up of waste. The discharged liquid drat remained was contained in a dug hole mg was pumped back into the lagoon to prevent tite potential of Semler rust-ofC The site has been inspected on a regular basis for any other problems. If further Information is needed. or if you have any questions or concerns. please feel free to contact me at 910-866-5395. Sincerely, a)- RI-r W. Robert Livingston, Jr. lYodfkation of Wastewater Spill In Sladen County House bill 1160, wWcb dw General Avwmbly cumv•W in My 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems issue news releases when a waste spill of 1,000 gallons or mom reaches surface waters. In ac cordanm with (bat regulation, the tbllowing mews release has been prepared and issued to media in the affected county. The Turnbull Company Farms, LLC of White Oak had a wastewater spin July 20, 2003 of an estimated 1,000 gallons from a clean out pipe near the intersection of State Roads 1324 and 1332. The untreated wastewater spilled into an unnamed tributary that flows to Ellis Creek in the Cape Fear River Basin. The Division of'Waw Quality was notified of the event on July 21, 2003 and is reviewing the matter. For ir&rmminn exintact Hie Turnhull Company farms. LLC at (910) 966.5395. Notification of Wastewater Spill in Bladen County House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared and issued to media in the affected county: The Turnbull Company Farms, LLC of White Oak had a wastewater spill July 20, 2003 of an estimated 1,000 gallons from a clean out pipe near the intersection of State Roads 1324 and 1332. The untreated wastewater spilled into an unnamed tributary that flows to Ellis Creek in the Cape Fear River Basin. The Division of Water Quality was notified of the event on July 21, 2003 and is reviewing the matter. For information contact the Turnbull Company Farms, LLC at (910) 866-5395. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 14, 2003 CERTIFIED MAIL RETURN RECEIPT RE UESTED Mr. W. Robert Livingston Jr. 2019 Dowd Dairy Rd. White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATIONINOTICE OF INTENT Turnbull Co. Farms LLC Permit No. AWS090107 Facility No. 9 - 107 Biaden County Dear Mr. Livingston: William G. Ross Jr., Secretary Alan Klimek, F.E., 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 214.0217 Permit. On July 21, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a report of a waste spill received from Ms. Kathy Dugan of Galberry Services. Upon arrival at the facility, it was observed that wastewater had exited a plugged house discharge line. The wastewater then entered and crossed a storm water diversion ditch, and flowed overland into the adjacent wooded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Ellis Creek. The wastewater originated at the clogged house discharge line, which had been repaired before DWQ staff arrived. DWQ was notified of the incident within 24 hours of first knowledge of the incident as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed: 1. Inspect the waste treatment and disposal system more frequently with emphasis during irrigation events and the flushing of swine houses. 2. These inspections of future events will include observation of the above ground clean out pipes. 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING 1; FAYETTEVILLF. NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W'WW.F.NR.STATE.N(' 11S, NR AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50�L RECYCLED 10 POST CONSUMER PAPER DENR TOLL FREE HOTLINV: 1-877-623-6748 Mr. Livingston 8-14-03 Page 2 3. Submit copies of the following: Current Waste Utilization Plan (W UP), last 12 months of waste analysis, and last 12 months of freeboard levels. 4. Review Best Management Practices (BMPs) and possibly amend to include inspection of the lagoon and waste disposal areas weekly, after significant rain events, and during the flushing of the houses to prevent a similar incident in the future. Submit written explanation as to maintenance frequency of the waste disposal system and the lagoon area. This is to address moving schedules and any inspection instructions implemented since the incident. 6. Submit written explanation of how the incident occurred, estimate of the amount of wastewater lost, and detail any steps taken to remediate the spill effects. Failure to comply with the above condition(s) 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 or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this violation_ Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before September 4, 2003 should receive this response. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist Il, at (910) 486-1541. Sincerely, J%T LCB: 1cb/PR Paul E. Rawls 'Regional Water Quality Supervisor Cc: Compliance Unit -Raleigh Dave Nordin -Murphy -Brown Chris Bordeaux-Bladen Co. NRCS Central Files -Raleigh Daily RainfalllWeekly Lagoon Level Record F�.m,: rrb .July Freeboard s771,ca„-ar August Freeboard s:tCerl SUN MON TOES WED THUR FRI SAT CheCk SUN MON TUES WED THUR FRI — 2 1 Ll 31 1� 56 v D D.G 37 14s is .1 17 16 19 ._ l �� 0 7, 12 13 14 15 16 C23 43 24 25 25 17 16 CIO 19 23 71 22 23 +3. 30 72D- ra 31 4 _2a 25 29 30 3$ p,q/l' 4.0 31 September Freeboard s1711e11:77 October Freeboard C SUN MON TJFS WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT — _--I1J 3 5 i 3 ✓ 4- t11 11 12 13 i5 5 7 8 9 10 .4 T 1s p5 17 16 19 2D �~ 2 13 14 15 16 17 15 24 25 16 11 9 20 21 22 23 24 25— ---- -'_- r '20 0 - i y 7 28 It ~�MovembeF Freeboard swum of December Freeboard S f.rzl G�.y SIP} MON TJ S WED --HuR FRI SAT Chack SUN MON TUES WED THUR FRI 6Ai E :45 s a 5 9 17 11 72 13 13 a 1s 4 u 15 1a 79 117 20 21 22 21 1 4 26 26 I7 I � 27 25 29 . 28 29 30 31 0' ..-inf.-Il I- n I c 1 ;—h nr —a.1.r ini+i.1 in My 11, of fay`— ;wa—Rv I-- t— rl,a�'7roA uaily KamraiuweeKry iL.agoan iLevel KecorG Farm: fu January 2oc Freeboard SvUdura1 February Freeboard _ UCl1,jc, SUN: IRON TUES WED THUR FRI SAT Crmzk SUN MON TUES WED THUR FRI SnJ 70 f 1 �a a ,a , � 7 &o Z- US*.( 2? l le 6,3 14 IS 10 17 16 -- 10 .55 11 12 13 14 15 - J. o .5 722 23 24 25 16 17 16 19 29 21 E 27 a 29 31 a 14 r, m wj l March freeboard S.-Ur-1 April Freeboard s�, 17T _.UN MON TUEiS WED THUR FRI SAT Chad SUN MON TUES WAD THUR FRI Sj;T t 1 2 3a 35 a 5 7 3Z 11 12 1. ulf4 30 Ito S 41 1 •2 13 14 is 1.v 3 14 ZS ,5 3 tl 16 115 3.2 Z-� 19%r 33 � 3 S 1 Lst ° 3 33 � 29 2 '7 3G I;uyRr� o3 3 3: 3.� 33 i May Freeboard ShUCIALMI Cro* June Freeboard s«ti`.LrI Sul.: MON TUES WEED THUR FRI SAT SUN MON TUES WED THUR FRI S/:T 1 2 1*7 2 3 4 53 7 1 4 3 /t 3 a10 O 1 r 10 11 12 13 I14 t D r L ¢-oVx ¢ v '2 14 15 16 17 5 iB 17 3 19 20 1 114 44. IiF Z � 0 4U —r n 1 _ �r B 54, L.p u j 4. � 3 t J MA z ,---Weekly Rainfall & Lagoon Level Records ur-Arn BUI - FAY�'rfLLE REGu AL omm: Date Rain Lagoon 1 Lagoon 2 Date Rain Lagoon 1 Lagoon 2 o Z '101i z L.¢ 'l 1 3 Z$Al 161 0.237 5 s 30 t[ 4 2+.0 Z3 v o b1h 2. Y' L D -- "" 64 S 3 b Z - D 2.4 2.7 -- ,3 4 A6 -- 6 _ d z -- 4v 63 3 6 z — Z 3 z 2-U v.3 `ID S �, ;' _63 .s C23. za I Z7 1 5 31 3! i 39i z/z z .o 8 St 6o 30 z� fa-3 I fq 2.v s4- Z 0.6 6 :G I .v 3 3 z 2.v 33 27 04 0 3,9 3 -- 6 S 52 q- l -3,15 "2� 2 — _ 4-'6 t OAO 33 34- t 6 ,0 6' s C q 3$ 32- 57 12 S 0 36 4 40 �� 4 4- 0. 4 a 4 o . 4- 1 33 2 3 �00NO:-��*08466: W, om �ajivi f: 114 it 1 Grower- Turnbull Company Farms Copiav 7b: Harvest Net Inc. 2050 Gum Saw Rd. White Oak, NC 28399 Wa Harvest Net Inc. Ste Analysis R P-hort PO Box 32 Council, NC 28434 5/8/02 Bladen County e ;Ot 10, ss, 11--�...'YI-J�CI-1�,"' Sample 1D. N P K Ca S Fa Mr, A Cu B Mo C1 1. il�"7 V 7wal 417 146 1921 150 34A 31.9 5.25 0.55 1.27 T 0.61 2.81 IN -N Waste Code: -N114 ALS -NO3 Na Ni Cd A Al Se U Xf SS C.-N /)M% C(,'I,,*% Al, K alDescription: 551 7.34 OR-N ,Swine Lagoon l.iq. Urea 'u�- ill"11i�ii�!,l:,�"�wuge46"lil�f��"fii!Cro,1.11l�4,�lS�-4ndooi ,,4��a,, w S MAz.o,4 Ca �fi ft, M I 87 Ali 21 1fW"—hCr6d&1j6qrsialhir 1s,henticawai go h' 1';� s1v , 9 ' 4 n: Wm. M hit9i tuqlbiaf Co ResuEwiri Sample ID: N P K Ca Mg S PO Ain hi Cu H AM Cl C Total 552 103 1573 147 32.5 26.5 4,16 0.58 1.03 0.54 2.35 IN -N Waste Code: -N114 Na Ni Cd A Al so U L/I 9 C.-N DM% CGIM AL L—klgal ALS -NQ3 424 8.31 Description: OR-N Swine Lagoon Uq. Urea Recommendations 0 00 J, i�,WtWA AMA—* S rs it'pplicalfow# .5 f b iPh� k!i I�V kk "; Nix llsM vv� m M -h lit �g NCDA Agmuomic Division 4300 Reedy Creek Road Weigh, NC 27607-6465 9l 733-2655: Re or.0 No: W01655 W Grower.- Turnbail Company Farsm Copies To: Harvest Net Inc. 2050 Guni Shaw Road White Oak, NC 28399 R�ni�nr,I'n -- E) asteAnalysisR,,ort Famn: Harvest Net Inc, PO Box 32 Council, NC 28434 8/28/02 Bladen County Sample Info. Labo ratory Results. arts Permifflonjuidos otberwlse'noted Sample 1Dr N P jr Ca Mg S Fe M11 Zn Cu B Mo Cl C Total 279 78.1 430 135 67.4 37,2 2.89 0.33 0.76 0.25 0.76 1 IN -N Waste Code: -N114 ALS `Description: -NO3 OR-N Na Ni Cd Pb Al Se 6! PH SS C'N DM96 X6% ALE K al 198 7.00 !Sw1ne Lagoon Li . Urea Recommendations: '%tr'ients`AvOlable forflrst,Cro . Lbs/1000� � alldlrs:.- :: 4tlier..,Elements lli's/I000 "allows Appllcatlarr "Method Irrigation A' l.205 K20 1.2 1.0 3A -0,79 Ca j S ' Fe. - Mii Zri Cie '' i} 39 0 22 0.02 . T`, 0:01; °' , : Mo :CI , _ t Na N!" . Crl PG Al : Se B Sam e;I" o...: '" La6urato' ;Result8 C llli11I0t1,UfI a s'.Oi}1erwi D'6t Sample IM 2 Waste Code: ALS Description: 3whie Lagoon Li ._ P K Ca Mg S Fe Mn Zn Cu R No Gl C Total 479 IN -N -N114 -NO3 OR-N urea 70.6 535 156 61.1 33.6 3.85 0.36 0.70 0.24 0.89 Na Ni Cd A Al Se M t11 SS CN DAM CM ALL' d' al 244 7.11 Recommendations:' --Nutt.16tS`Mj1lsble for:.Fii-st:Ceo -lbs/1000 allo:as a Otbcr:=E1' is lbs11000 allows IpplkationMellrod Irrigation N P205 K20 2.0 0.94 4.3 Cn Mg 5 ha,'Mn /rr: 0.9 : 0 36: U.20 Oi02 1: T.. f,'fr `B' trilo .... Cl..'...:•Cd'.• T 0.01,. -,Pb' AA; y '. _ Al So M `o'*"ort,"No W5388 WGDADi:aRalN Groeuer; Turnbull Company Harms Gupr'es 71u: Dugan, Kathy 2050 Gum Saw Rd. Wbitc Oak, NC, 28399 ' % :cC•il y�FDugan, Kalb), asteAnalysis eport1'arui; Gallberry cmisulling St,IvILCS 555613raxtan Rd. ,81aden County hope Mills, NC 28348 5a�it 'leilisfo: l:aborator", Results ' arts ier.million:utdess otlicmgi! sample ID: N P K Ca Mg - S 11'e Mn hi Cu Il Mo Cl C I;12103- 'r' To1�r1 484 62.8 _ 444 163 41.4 41.9 2.40 0.38 0.76 _ 0.18 � 0.90 IN -N Waste. Code: -N114 Na Ni cd A - At Se Li p11 SS C.-N. DM% CCIN ALE(KgaO_ ALS -NO3 185 7.34 ^ Description: Oil-N Swine L aon Lic Recoinmendatians: Nuti•ieists Available'for t�irst Crop : ` i-lb'�I1000 grflloirs `' Otber`Blements:::.".' ibs/I000' ulloris Application Mcthod N P zD5 Ke() :Gi hlg . S Pe Mgt Z�r Cu II' Ma I'G r1l Se !,i Broadest 2.0 (1.84 3:f 0)5 024' 0:24 001` °'T 001 ,' f 401 �- t115 .._ f- � r - 1 ��.isNi?4t•rra..iA , 53p. i. r• # ��' t:Z Ir�Y+. le[nfo - " ,lYft i-'.ij' + hr C ! • F, !! F, :. r -'�,] "• - _ ' Sam =•• uLaioratr- -+�+�, ,` , Sample ID.- N I' K G'rr M S Be Mn 7n Gu 13 A10 (l G 3zt-'' 1�_l`2103 ��;, Total 365 46.6 354 148 32.0 37.3 1.92 0.34 0.71 0.21 0.76 IN -N Waste Code: -NII4 Na Ni Cd A �At se Li ill SS C:N DM% CCIi9h AI,K(h'Frr!) M,S Np3 152 7.47 Description; OIL-N Swine Lagoon Lit , Urea RBCI!(11lZiCildiLtiO[15:. �luIr",eMsAva�lable,for,:�' 9CV r° rt.,,,',.`.. ,,. °.lbS/100t7 allOrts °,- 0[ber°ElemelytS" ', 1b5/T0�0 rlil011S Aj)#i6iiauMobod N P2DS K20 G'(r' Mh'; 5 re �Alra " "/n �`Cu Mo' Cl Nu Ni. Cd H) Al 5i li l3ibadeast v F 1 5 ;,t 0 62r 1' ' 2 8 0 13G (119:+ (} 22 0.01 i, k f f 1¢ 1'� i f r- t 13 NCDA A ronomic.Division 4300 Reed Crcek Road Raleigh, NC 27607-6465 . 919 :7334655- R. urt No: WO7779 W Grower., 'Turnbull Company Farms Copies To. Dugan, Kathy Attn: Bob Livingston 2050 Gum Shaw Rd h' White Oak, NC 28399 'Analysis R taste e-bort Fann: 4/11/03 Bladen County Sam le�It�fO „, h, . . ,. Sj krWlSeilOdiabOriltOrReS[S:r116' sample ID: N P A Ca IN& S Fe Mr) 7.11 Cu 13 A10 [Y C TOM/ 553 80.4 513 205 62.3 40.8 3.61 0,41 0,64 0.21 0.80 IN -N Waste Code: -NIN t1LS -/V 3 Iva Ni Cd A Al Se Li_ /111 S'S C'N 1111A 227 7,35 Description: OIL-N Swine Lagoon Li . Urea Recommendations: t}:. irvaelirst,Cra 00dlns 0 ;:. , 1. ,,E tiNutlenW' T',nOther..,Elementsf�:. .r- . f rihhl!��`lrcrilran,Method;,. !'Y n - r-a,'` ryiyi ri .t r 4 „] 5 1 i -_';-` h' 4•ii;,t' ' i rT4If< it ,.� 7..pU: 03 U .l i :j:. =N.. 3•.P2O5,1'.:,,1K2() a.;G'a rar�,E„Mp'„ 7, fcli�' 'IM17. �«rl Zn:..� r 1Cicf,�,. ,a„Q.,; { Mo. 4MG1 ), ., fyl � �t i i Sia - t i' ':iJl. t: r t. �. +i.., .' i ` i� _,lYr�� �.�l-rNt'; gr:K.'Grl. 1. G' i' 4 r t - 4 L Broadcast i ��7�, i P , �.O'ir .,,,5 t'�i' 4 I. �t . !r , .: M IG .o • 1 x ,( y. , i � � `, 2:3 I.1 4 1 ' 1 j 0 36 Q 24 i0 02st 1 T r�1 t r •;xz �..e tP ' ' `�{_' f i 4. .S t � .. . ,._ i ' :'-.�!' ,:+ r,d Y,}:.�.i. `'.� ; f;' `��: '' �;_' "' F I 4,a , , rt, ;t n, -Irrigation L.3 I 1 .4� I I ' 1 4 36 0 24 i -0.02: , :I ,7 . IiLj TI, Sam le-lnfo. Laborato : � 661ts�' arts, er'':n illion unless otherwiz. setl e.not`''° 4 ^9 ;uK''` ;_, ;i " : ' i l :j `.;r ;i f: „ r Sample ID.• N P K Ca At i Fe rtln /.11 CU 13 Mu Cl C W-4403 Inlal 393 55.4 380 155 46.6 32.2 2.65 0.28 o.61 0.20 0.64 _ IN -lV Waste Code: -NI14 Na Ni Cd A Al Sc Li- Ill SS G':N DAI% CG'h'I?t; ALIT Kral ALS -NO,3 171 7.49 Description: Oil-,Y SNvine Lagoon Lii . tlrca ::h +, �-..,' :.ri �.r •,�;: :'I' i. f'. --4y1 1 .'S.i, fiw r.�a. -!:. ;1:{:"F•1 rient's�AVail'` `l "r First ro , , :r.x<< ('t. r u; x °lbs' `� Recomme a t ab e, o C �4 ,. 1:, :. ,x .� ,. ,: /1000.' ... er..E ements;. , al o Ls/1OOO' us ..w.,... ,1..... .. ....: . . , ....- .,r,• ,.u::, .:r;.;41 f F7 - i , r:' ft.. ,, x, k' , i(} yr .1' PI (r j i.i �4 �i y' 1 1., N i h' t YF r ith111aca1:on.Mclhortrf, aN :PzOSi # ``1C2O ?'Gn;�t,..11t,hTpp .1, Sr... tleisu:i •Mri�>h ,,,l,Zn.i •h Crr' ,;.:.B ., �Ma aLl ,.i« �'-'�I'w .5.1 ,.,.5-: .O:�Cr��re� ,S.,SS^t i .1..-."' ^r F_'1.3 4'.t:,.4.y .(ytf-sr f,t '-t,:s�• i'.-rY t.'• t !•l•. f'1i! {-ru A ! 4 y. '1 .far r,1. I� tr.s Y'. ..i1- .I .(.'. €'. '9 a `. ps,....i ;�-. 17 r iBeoade`asii' , i�. ;.I'6 I ,U 74 r ;,53;O art„(U) t= i r, O Z7 ,0 19 0 U2`i 3, r IT Mist U ^ T"� s i T: , t i t T:' t J. ,`t1;:rya f wr P R Irri .rtion '' , I.6 `0.74 .3.0: :0 91 P.; p.27rl?ji r1�,.G� f: l NNcsi # :f:'Ni"�.' Cd,.'' LG': �r ?i':1=y - '�.:.. ,•F! fl ,1:4 ... A/ Se. lr - NCDA Agronomic Division 4300 Reedy Creek Road . Ralci li, NC 2760776465 ' )19 ; 733-2655 .. Report No: W00817 W (;rower Turnbull Company Farms C0pies'1'0: Dugan, Kathy Atin: Bob Uvingstois �,.f _ '` t7. 2019 Dowd Dairy Road White Oak, NG 28399 Analysis Dugan, Kathy Y � aste effort partrt: Gallberry ConsullingServices 5556 Braxtoa Rd 7/24/03 Bladen County Hope Mills, NC 28348 Sample'in o. 1.abor.itu :Results' 'arts er_million `:uiiless dtherwise°.noted .• Sample 1D. N P K Ca Al s Fe Mrt Zn G'u 13 Afa Cl C 172103 'Total 298 60.5 289 144 51.1 26.4 2.11 0.43 1.44 0.19 0,78 IN -A' Waste Code: -N114 Na Ni Cd 11G Al so M PH SP CN DM% CCL'% ALE K al ALS NO3 132 7.71 Description: OR-N Swine Lagoon Li . Urea Nr.ae sAHAW; ' `alloiis "l0:84' ' lbsIA7l al 0Reconnendtionsr 'Sncll. ons. ls? ! mf ntFs. 0 t BeI r1 s;ar' a �, Mti 'K20'Alplci,one'al N Gu Nci Cal`.•.! L5+ a r Irr.igbCatio1n 1'.2 O.i3i :2:3' a 3015'00J-; 00M -u. ..a f�. f 4l -1 —.f.... f+ .i,J e.Nx. �_ [• --} 1"f. f :i_.+'- .+il' ;wf �•.e }T' ,r+ > ^'i` � � "-r' °I,. 3 k�� ,,a � s:.t:;s..S,r%. S"OWIIAO. Liibaratbr Results: arts; ier:`inillko' unless — h""''FViSC;iioted Sample 1D: N P K Ca Mg N Fe Afn 711 C'u 13 Mo Cl C 272103.., Total 463 72.6 368 147 51 A 31.0 2,93 0.47 1,57 0.20 0.75 IN -N Waste Code: -N114 Na Ni Cd Pb Al Se Li 1H 5S' C:N I)MCCI,'% ALL' K al ALS rti71,3 168 7.60 Description: OR-N Swine Lagoon big. Urea Recotnmendatlons. Nutri'eitts Available;for;:-Fir'st,.Crnp.;s;,, `:lhsJ1000,;gaClons Othcr.3leinenfsF lbsJ1000 aldons' .;� 3 .�;,.,,.s.,,.: ' Application °Mc}lbod' N P20 ;f';u. XK a ' ' ° .�; r f j it 1 ` t M I! 5 z0' C Mg SS : a Pc M t 7t i3, Cu t1 o Na : r i ' Cd' PG' W dl.. N t Irrigation . S 5anjptz daa.p- -11zi1a3 Ei ii-;1:YE 7TVii-LE REGIONALOFRCE NUTRIENT MANAGEMENT PLAN CERTIFICATION Name of Farm: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. l/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Signature: IVa Name of Manager (if different from owner): Signature: Name of Technical Specialist: Affiliation: Address: Telephone: Signature: Please Print Sonya Johnson Barber Harvest Net, Inc. P.O. Box 32 Council, NC 28434 (910) 645-6768 .gym Date /z / :�/c, Z- Page: 7 Ili''•k'�1'� � �'itlr .F��M1i'i'.F��1` 11�'C�_.� :ffMrL.�.h ' pA S i 7FA•, ! ws rk��' t �r r.l:� * I4 '�`S' � 1 4 k 1 � Date •`� t .S' '�iy 3� � ks � � y'�11;�,r ''�'p�' p �'��ih' F�f 1 . ' 1 :• ; f'�re`.I .gyp t lFyt r$ }I j i o1 1h , ly'ri r3'�. :�S���t r,_,�U f? SSA. •I: '''`' ! i.;;, V1. W 11, 411 KF Np I j A Jo "- 4�r R Zli.l, RM N'i �"� �� +f Y � � �+~' '�'�.i4 r. {i4 .�{,y• �, f<� �tilii [[�� ' �� r '� � �:� �+4 ' ` 1 d � 1 W1 �3��E !�"', ! ^ +� °6� � 1•�,M�T� h,, � .1. ,rt.� : � ra I `I° e�} '� �°��,f,�i d,. i• -`{� �+' Rdti.�.IriT"���j ii f �4}• }Aypr,wr �f � ik. . � ti . I�rf° S i i �,•`. a' s r.. ,�,3 }4 fl '� 4r 1 a i '• J 1 5 ,i� '�'� �A i a. 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Sti i '��� }}�ff;F�i,.� Y„��'r � i � .+� �ilrl�f • ' Y r �,. 1 't� � ? h�C,k� C I�-}=�i 1! � I i � r ` ,A�f• C,7, � 1 f ,I ,��; � !' rty �'.5�,4�}Z`'�,'il t+ i4 ai'ti) +sr S�� •1C AM �+ l p i S rl i t' Y i�• '�+ij r1p yt ,{ i'� �' I�p `^ i't'�1�+, k�„�l ,'' , . ,� {�1 � - �,�'Yy t Y�r Sf••' g,--4u w # �, i` ' V d" '• if '.' s "dr �`'= ", ••R W tr S /�i�3..'. �.1{,'�Y 1"(4r� r' .!' *h ' �, ���'(; � °,.r . k� • V; t�, �, SS r � , :; � k: 4 � Olt ir�:Cx1,' utS,p 'I•ii[:rl ;A ,,'y4r�rr7 �.� n } ���wr ,� u}.5,:�•�`7.w'i... �-+�tr1�11'.L.,:,u,a,. 4:,..� - rr'. au7k=;:� fi k� i r a r 7.T ,y K,:. 4 .x � Y .. it a q -i- +ro rrr y.. - ""FF r b � 7a._ F_ •,y 24 h .r w a ,Y ��5`�'��w rE•a�r•iN. {� »A.,i�.wllkxf�+� .k}tr { E ''..��sy'�,�, #_ 4 a 4 r �R � w •,; it IF 'p "i•q a.:.t'1 ?� � r � 1h.,„,,,,.;!,,,,_ °'�+t`"ywa ,�IiY�j'.�u,.�.F +�4. 'k �� �'r.�' (k�`t"`�"de {rM' �y �e % 1a 4Pi - •�� 1"p, .;' yiw rE� Aw'.,-_ it �p}`�� 'bra l � •� r `}� i�. (• }A6_ qrF k"!5'v 4 -M "4t 94 4 �4Y ,f. aS+ khr r ¢5 u ►" a. '4,a !� , ,;E .;u iy,�: � ,�_ �r�=,I.;= �1��= 1, , .�, ����t�l 'i�kr..,. .. la y" . t. 'ti• e 4 $ 4 I 't t�`Ya4lS'M: yet *.y r�r r Wow 04� '71 'AN WIVII m I . A As., i. . - ~ WIG Ilk IN 4 Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (910) 864-1920 / 864-8774 fax CHAIN OF CUSTODY RECORD PAGE I OF CLIENT NAME a POI PROJECT ILOCATION: .0OF a 0 T T L E a TYPE OF ANALYSIS PRESERVATION CODE CODE: A = -WC ONLY B = HNO3 (ph<2) + -WC C= H2SO4 h<2 + <4°C {p } D= NaOH +<4'C E = ZNI Acetate + <4'C F =Sodium Thio. CONTACT PERSON: i k &—r r 2 ! t y PHONE: '� �; ' 5y SAMPLER: h LASS P �� °`x �� DATE ! METHOD OF SHIPMENT: � J + I r o LAB ID SAMPLE TYPE DATE TIME COMP afros PH D.O. TEMP 'c S. 741 k s 0 ; !s .y r " X' F . 6-le 7/., a 4 Roll I in — Dab "M Date rtr 1 IR41laquished 7X�/,.3 r�' S 2 by: r nsltin me 4 Reli3 nqu r (Signature) 5 8 Relinquished na ro 7 8 10at, - JTWM Comments or Special Hazards: Field pH: 7w— - e, ta,,-u- COUNTY I BLADEN ]U VER BASIN: REPORTTO FRO Regional Office Otber ; COLLFCTUR(S) : PSHERRMAN Fstimaled BOD Range: Seed: Chlorlonted: DIVISION OF WATER QUALITY Chemhtry Laboratory Report I Water Quality W❑ SAMPLETYPF: PRIORITY ❑ AMBIENT ❑ QA ❑ SIREAM ❑ COMPLIANCE X❑ CHAIN OFCU.r;iODY ❑ LAKE ❑ UNILRGENCY VISIT ID ❑ ESTUARY Station Location: SOURCV Remarks: E] EFFLUENT ❑ INFLUENT Lab Numbcr 3W4466 Date Received : 7/22/20O Timm Received : 9:30 AM Received By Data� g 1 o Date Reported: 8/11/2003 Station R fate 0eltin (yyfmmfdd) bate Find (y}'lmmfddl Time Begin Time End I Depth - DM, DB, DRN1 Value Type- A. 11, L Composite-T. S, B I SampleType 1-TURN BULL SOURCr 200Vn'l X BODMO 6100 G5 rn L COD Hi h.W m I. COD L. 335 -Pill Coliform: MF Fecal31616 100m1 Coliform: MPTnIal315M 11011ml Cnliform: tube Feral 31615 100ml Coliform: Feral Strep, 31673 IOOml Residue. Total SM MU L Volatile 505 m L Fixed 510 m L Residue: Sus ded 5J0 Mgt[, Volatile535 m L Fixed 540 m&1 L H 4M units Acidity to H4.5436 mg/I, Acidi!y to pli8.3435 mfrl I. Alkalinity to pH8.3475 m L Alkalinity to 014.5410 m L TOC 680 Trip I. Turbidit 76 NTU Coliform Total Tube ItX) mis COMMENTS: Chloride940 m L Chl a`. Tri 322t7 u5ZL Chi a: Corr 32209 u L Phm h tin a 32213 ogt.L Color: True 80 c.u, Color: H 8.'1 PH. C.U. Color: pli 7A 82 C.U. C anide 720 m • L Fluorlde951 m L Formatdeh de 718W m L Grease and als 556 m L Hardness Total 9W m L Specific Cond. 95 umhrn cm2 M 8AS 38260 mVj L Phenols 3274(1 u • L Sulfate945 m /[- Sulfide 745 m L Boron Tannin & Li nin u L Heaavalenl Chromium UgZL Bicart+onale myj L Carbonate m L X NH3 as N 610 310 m L X TKNanN625 580 m&1 L X NO2 plus NC13 as N 630 1.5 m L X P: Total a P 665 280 mgjL PO4 as P 705(17 m L P: Dhsolved as P 666 m dl. K-Potassium rnfjL Cd. Cadmium 1027 u L Cr-Chmmium:Totat 1034 u L Cu-Cn r1042 u L Ni-Nickel1067 u L Pb. Lead 1051 u 1, Zn. Zinc ID92 u5IL V-Vanadium URIT, A • Silver 1077 u L Al. Aluminum I IG5 u L Be- Be Ilium 1012 U&IL Ce-Calcium 916 m L Co-Cobalt1037 u6ZL Fe, Iron 1045 u L Li -Lithium 1132 urLL Mg. Ma ism 927 m L Mn-Man anesc 1055 u L Nn-Sndlum929 m I. Arxnic:Tota11002 u L Sc-Selenium 1147 u L III,- Mercug 71900 u L &i Barlum u L Or anochtnrine Pesticides Or ann hin horus Pesticides Acid }ferbicides Base Neutral&Arid Extractable Organics TPH Diesel Ranj,,e Pur eable Or ani6 OA bottle 'd 1111-1 Gasoline Range TPH BTEX Gasallne Ran e Ph to lankton E k DIVISION OF ENVIRONMENTAL MANAGEMENT WATER IE t�Ol31iTY - al]�t'_o _ PRIORITY RIVER BASIN CATG Y r REPORT TO: ARO MRO RRO WaRO WIRO WSRO TS AMBIENT CQA AT BM ❑COMPLIANCE [ CHAIN Other OF CUSTODY Shipped by: Bus auri , Staff, Other j] ❑EMERGENCY COLLLCTOR(S): L—wr A Estimated BOD Range: 0-5/5-25/25-_65/40-130 o OO�Tryn� STATION LOCATION: Q Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station Date Begin (yy/mm/dd) Time Begin Date End 1. i..vfr,pu`0 /so%. -Ce 1 013 1 a'-/ a I I / So SODS 310 on -A i g 2 COD High 340 mg/1 COD Low 335 mg/I 4 Colllorm: MF Fecal 31616 /I00ml 5 Coliform: MF Total 31504 /100mi 6 Coliform: Tube Fecal 31615 /100m1 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/1 Volatile 505 mg/1 10 Fixed 510 mg/1 1 1 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidlly to pH 8.3 435 m9A 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4,5 4I0 mg/I 19 TOC 680 m9A 20 Turbidity 76 NTU AB FORM (DM1) E TYPE op— @ ❑ STREAM EFFLUENT ❑ LAKE ❑ INFLUENT ❑ ESTUARY Pnr t_ah Ile. nivi V Lab Number: LA-) Date Recetved: � T!m . ReedCourier b : From: Bu Hand De[ DATA ENTRY BY: CK: DATE REPORTED: Time End Depth DM DS DBM Value Type fl A H L Chloride 940 mg/I Chi a: Trl 32217 ug/I Chl a: Corr 32209 ug/1 Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH } 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/f Hardness Total900 mg/l Speciflc Cond. 95 uMhoa/cm2 MRAS 38260 mg/I Phenols 32730 ug/I Sulfate 945 my1 Sulfide 745 mg/1 X NH3 as N 610 mg/1 K . TKN as N 625 mg/1 x NO2 plus NO3 as N 630 mg/I nr 1� P: Total as P 665 mg/I PO4 as P 70507 mgA P: Dissolved as P 666 mg/1 Cd-Cadmium 1027 ugA CrChromium:Tutal1034 USA Cu-Copper 1042 ug/l Ni-Nickel 1067 ugll Pb-Lead 1051 ug/I Zn-Zinc 1092 ug/I Ag- liver 1077 USA AI -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mgA Co -Cobalt 1o37 ug/1 Fe -Iron 1045 uB/I Composite Sample T e T ^ S 8 C GNXX LI-Lithlum 1132 ug/[ Mg -Magnesium 927 mg/I Mn-Manganese 1055 ug/1 Na-Sudium 929 mg/I Arsenic -.Total 1002 ug/I Se-Selenlum 1147 ug/I Hg-Mercury 71900 ug/I Organochlorine Pesticide& Orga.wpho0mrus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Ph plankton Sampling Point Conductance at 25 C Water Temperature V D.O. mg/I pH Alkalinity Acidity Air Temperature (C) pH 8.3 pH4.5 pH4.5 pH 8.3 2 94 10 300 . 400 1 82244 L431 82243 182242 20 Salinity R Preclpitlon QrVday) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H ViCan Stream Depth ft. Stream Width it 480 45 32 36 1351 1350 35 64 4 DMI/Revlsed 10/86 NC DIENR/DWQ Chemistry Laboratory Sample Aroma Report (SAR) Lab Number: Sample ID: 1 R 1,tation Location` ounty' Region: ample Type: / Priority: Collector t' ' Date collected: _ r� l/ lG,�3 Date received: _1_/4p:3_ Date analyzed: Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ �ETALS ❑ NUT if MICRO The following anomalies occurred (check all that apply): ❑ Samples Cl Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldshect ❑ Samples received, but not listed on fcldsheet ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Corrective Action: ❑ VOA ❑ SVOA ❑ PEST l3' Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error — no reportable results Cl Surrogates ❑ None added ❑ ]recovery outside acceptance limits Cl Spike recovery ❑ 'None added 0 Recovery outside acceptance limits O aile Fd to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Kample(s) on hold until: Q/ Sample reported with qualification. Data qualification code used: jG ❑ Other (explain): Notification Required (circle one)? Yes N Person Contacted: / Form completed 1 Chemist l) R > ta: BID CHEry_t ❑ ❑ METALS ❑ Branch Head Review (init QA/QC Review (ini al): QA%FanMU_&b0mUXY%SAR Date: Date:_l7 ❑ SVOA Logged into database by (initial) lea"Idbs .r-W..__ 1 DIVISION OF WA•1'ER QUALITY:=d i Chemistry laboratory Report / Water Quality COUNTY RLADEN [ RIORM IUVERBASIN: ❑ AMBIENT F--j QA °51'RE•AM �!(- �' �X;..IEF�T;[[ 1V REPORT TO : ARO Regional Office COMPLIANCE CHAINOFCUSTODY D LAKE ❑ INFLUENT Olber : EMERGENCY VISIT ID t5l IJARY COLLECTOR(S) : PSHFRRMAN lab Number : 3W4467 Date Received: 7/22/20(13 Time Received: 930 AM Received By DS TWed AR Date Reported: IV In003 Estimated ROD Range: Statluo Location: DOWSTRE.AM Seed: Chlorinated: Remarks: 5talba 0 Dale Begin (yyltnnVdd) Dale Find tyylmmldtl) Time Begin Time End Deptb - b61, DR, DBM Value Type - A, H, L Compoalte-T, 5, B Sample Type 2-TURNBULI, 1'1OWNSMEAM 2(XKWn] 0150 X HOU 310 9700 C5 "& [, COD Hi h 140 mat. COD Low 335 m L Coliform: MF Fecal31616 1100ml Coliform: MF Total 31504 1001tt1 Coliform: tube Fecal31615 loom] Coliform: Fecal Sirm31673 100an Rraiduc: Total 5W m L Volnli1r.505 MO. I. Fixed 510 m L Residue: Suspended 5.V m I. Volatile535 m L Fixed 540 m • L H 403 unite Acidity to PH4.54.36 m L Acidity to PH 83 435 m L Alkalinil to pH 83 415 m rj L Alkallnlly to pYl 4.5 V0 m L TOC 680 mrj L JTurbiditV 76 NTU Coliform Total Tube 1f10 mis COMMENTS: Chloride 940 rnplL Chl x Tri 32217 u L Chl a: Corr 32209 UPI I. Fhen h tin a 32213 u L Colr,f: True 80 c.tr. Color: i 1 $3 PH. c,u. Color: PH 7.6 82 C.U. Cyanide 720 m L Fluoride 951 m L Formaldehyde 719M m L Grease and Oiis 556 m L Hardnexa Towl900 mv,1L 5 ific Cond. 95 urnhos cm2 MRAS18260 rn L Pheno[s 32730 n • d. Sulfate 945 mgLI, Sulfide 745 m d, Boron Tannin k Li nin unp, Hmavaleni Chromium a I. Bicarbonate an L Carbonate mrIL X NH3a9N61D 370 MgIL X TKN an N 625 1400 mg/1 X NO2 plus NO3 as N 6..10 0.83 M&IL X V. Total as F 665 710 mrtL "as P 70507 m rj L P: Diasolved as F 666 m L K-Polass[urn MR1 I. Cd-0dmium 1027 u L Cr.Chrormum:Total104 qgl L Cu- CapoerV42 u L NI-N[ckcl1067 u L Pb- Lead 1051 u I. zn•Zinc ID92 u L V-Vanadium uyjL A-9i)verl077 u L AI-Aluminum1105 u L Be. Be Ilium 1012 u L Ca -Calcium 916 in L Cn- Cobalt 1037 n L Fe- Iron 1045 u L U-Uthium 11.12 u L M - Ma esium 977 roL Mn-Man anew1055 u&LL Na. Sodium 929 m L Arwnir.TolA 1002 u L Se -Selenium 1147 u L iIV, - Merru 71900 u L Be Barium u L Or anorhlorinePesficides 0r 1no hoe hurus Pesticidem Acid Herbicides Base Ncutmd&Acid Extractable Or nits TPH Diewl RanEE Purgeable antra LVOA bottle 'd TPH Gasoline Raruze TP 10Td7C Gasoline Range Ph to lankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLY tt Lab Number: COUNTY �j4� PRIORITY S LE TYPE Date Received: TI RMLP BASIN C a 1R G VCC. r' [i�� REPORT TO: ep FRO MRO RRO WaRO WIRO WSRO TS D[AMBIENT r STREAM 13 EFFLUENT Reed b : Fom: Bu Covr -Hand Del AT BM DCOMPLIANCEN INFLUENT DATA ENTRY BY: CK: Other _ _ — — - UST Y Shipped by: Bus our a Staff, Other ❑ EMERGENCY ESTUARY DATE REPORTED - COLLECTORS), La.,t.w � at��CT ! l aw\ Allrkm4.t Estimated BOD Range.0-5/5-25/25-65i/40-130 or 00 plus STATION LOCATION,_ rc�v.•� Seed: Yes ❑ No❑ Chlorinated: Yes ❑ No ❑ REMARKS: ^ Station # Date Begin (yy/mm/dd) Time Begin Date End, Time End Depth DM DO DBM Value Type Composite Sample Ty e Sid A H L T 5 B C G GNXX X I GODS 310 to 2 COD High 340 m COD Low 335 mg/I Colllorm: MF Fecal 31616 /100m] Collform: MF Total 31504 /loom] Collform: Tube Fecal 31615 /loom] Colllorm: Fecal Strep 31673 /loom] Residue: Total Soo mg/l Volatile 505 ms/I 10 ..........., n I I Residue: Suspended 530 mg/I 12 Volatile 535 mg/i 13 Fixed s40 mg/1 i4 pH 403 units 15 Acidity to pH 4.5 436 mg/l 16 Acidity to pH 8.3 435 mg/I I7 Alkalinity to pH 8.3 415 mg/l I8 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/I pheophylln a 32213 ug/l Color: True 80 Pt-C. ColoOPH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/I Speciflc Cond. 95 uMhos/cm2 M6AS 38260 mg/) Phenols 32730 ug/I Sulfate 945 m9A Sulfide 745 mg/I x NH3 as N 610 mSA X TKN as N 625 mg/i X NO2 plus NO3 as N 630 me/I x P: Total as P 665 mg/1 PO4 as P 70507 mg/I P. Dissolved as P 666 mg/1 Cd.Cadmlum 1027 ug/1 Cr-Chromturn:Tota11034 ug/i Cu-Copper 1042 ug/I N]•Ntckel 1067 ug/I Pb-Lead 1051 ug/I Zn-Zinc 1092 ug/I Ag-Silver 1077 ag/l A]-Aluminutn 1105 ug/I Be-8cryllium 1012 ug/1 CaCatclum 9I6 m9A Co -Cobalt 1037 ug/l Fe -Iron 1045 uSA Ll-Lithium 1132 ug/1 Mg-Magneslum 927 mg/I Mn-Manganese 1055 ug/i NarSodlum 929 m2A Arsenic -Total 1002 ug/I Se -Selenium 1147 ug/1 Fig -Mercury 71900 ug/1 Organochlorine Pesticide@ Otganopttasphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplanklon i��.ell i!J�i•J Sam piing Point Z onductance at 25 C aler Temperature D.O. mg/1 pH Alkalinity Acidity Air T peraturelC) PH 8.3 PH 4.5 pH 4.5 pH 8.3 2 94 10 300 • 400 • 82244 431 82243 182242 20 Salinity Preclpition On/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth IL Stream Width ft.490 45 32 36 135I 1350 35 64 4 DM1/Reotsed ]b/M NC DENRIDWO Chemistry Laboratory Report to: Sample Anomaly Report SAR Lab Number: �,�/. ;l.�Gl ^ Sample ID: c?_—!/ .� Station Location Region: ample Type: % Priority: Collector- Date collected: rj --/,; /U Date received: ^�l,2, /4_ Date analyzed: /'pV Affected Parameter(s): / Analytical Area (check one): ❑ WCH ❑ ETALS ❑ NUT MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used Cl VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, bill not listed on ficldshcct ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non-homogenciry ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample Q Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Corrective Action: ❑ VOA ❑ SVOA ❑ PEST Zr/,Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error — no reportable results ❑ Surrogates ❑ None added ❑ . Recovery outside acceptance limits ❑ Spike recovery ❑ None added 3 Recovery outside acceptance limits e Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used Q. SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ Xample(s) on hold until: V Sample reported with qualification. Data qualification code used: ❑ Other (explain): Notification Required (circle one)? Yes Person Contacted: Form Chemist Rev' initial): wt BIOCHEM ❑ METALS Branch Head Review (initial)- �A/QC Review (initial's Date: Date: Z ❑ Pfs-r, V L_ ❑ SVOA ❑ VOk— 7 — Logged into database by (iniu JAT0muUAbQMWCyVA1t 1. AUGI DIVISION OF WATER QUALITY Chemistry lAboralary Report! Water Quality Lab Number 3W4468 0—Ty r 6 {�fYk�i'L} 'e r`r�u { Date Received: 7/22/20M COUNTY BLADEN PRIORITY ---. ..� TimeReccivetl: 9:30AM RIVER BASIN : ❑ AMBIENT CD QA Ej STREAM • X EFFLUENT Received By RRPORTTO ARO Regiumf Office COMPLIANCE CHAIN OF CUSTODY LAKE ED [NFLUV T Q J f i1 C11 t V Other EMERGLNCY VISIT ID ESTUARY i Dat Released ; AR COLI-ECl'OR(S) : PSHF.RRMAN r-� �7 Date Reported: 9/1112003 Eallmatrd ROD Range. Station Location: FLLIS CRK -UP Seed: Chlarinaled: Remarks: 15dtlar ■ Date Begin (yylmmldd) J Date Find (yylmm/dd) Time Begin Time End I Depfh - DM, DB, DBM Value Type- A. if, I. Composile-T, 5. R Sample Type .1-TURNBULL-F.1.LISCRKUP 200NMI 0250 X BOD 310 2U G5 m L COD High 340 m L COD Low 3..35 m L Coli(orm: MF Fecal 31616 1100ml Coliform: MF Total 31504 100ml Coliform: tube Fecal31615 I I(Khnl Collform: Fecal Stir3167,1 1(X)ml Residue: Total SIM MAIMI, Volatile 505 m L Fixed 510 m L Reskiue. SusESnded 5,,30 m L Volatile535 m I. Fixed 540 m L H 4413 units Acidi to H 4.5 436 m 1. Aciditv to ph 83 435 m L AlkafinitV to pH 81415 m I, Alkalinity to pH4.5410 m L TOC 6BD m 1, Turbidity 76 NTU Coliform Total Tube 700 mIl Chloride 940 m L Cld m Tr132217 u L Chl a: Corr 32;09 u L Phcn h tin a 32213 us/L Color, True 80 C.U. Color. H H3 H+ C.u. Color. pH 7.6 82 C.U. C nnide 720 11 I. Fluoride951 my/I. Fonnaldehde 71R80 m L Grease and Oils 556 m L Hardness Total900 MR1 I. Specific Cond.95 umhos cm2 MBAS18260 m L Phenob 32730 u L Sulfate 945 m L Sulfide 745 m L lktron Tannin & I.I nin u 1. Hexavakrit0iromium u L Bicarbonate m L Carb hate m L X NHIasN610 0.02 m L X TKN an N 625 1 A m L X NO2 rlus NO3 as N 630 0.02U m L X P. Total as 11665 0.08 m L PO4 as P 70507 m411. P: Dissnlved as P 666 mA L K-Potassium m L Cd- Cadmium 1027 u L Cr-Chmmium:Total10.M u L Cu. CopLyr 1042 u L Ni-Nlckei ID67 "9LL Pb- Lead 1051 u L Zn- Zinc 1092 uSIL V-Vanadium ugIL A-Silver1077 "511. AI -Aluminum 11415 u L Pr fie Ilium 1012 a I_ Ca- Calci um 916 rn L Co -Cobalt 107 u L re- Iron 1015 u L U-Lithium 1132 UgIL M - Magnesium 9Z7 m I. Mn-Man anew 1055 u L Na-.Wium 929 m L Arsenic7atal1()02 u L Se- Selenium 1147 u L H - Mercury 71900 u h Ba Barium u L CkyoncchlorinePesticides E�gnnoChosphorus Pesticides Acid Herbicides Base Neutral&Add Fxtmcfable Or nits TPH Diesel Ran e Purredble Organics OAbottic TPH Gasoline Itan c TPH WrRX Gasoline Range Ph to lankton COMMENTS: At)C7 SEP 22003 ,1 }ij DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLY Lab Number: COUNTY_ `la Et-, PRIORITY S LE TYPE j'`� Date Received: Time. RR BASIN CC,oG � Gr ❑AMBIENT ❑ � EFFLUENT Rec'd b ; From: Bus- ours Hand Del REPORT TO: �F O MRO RHO WaRO W1R0 WSRO TS� AT BM n Other C�COMPLIANCE{ CHA LAKE ❑ INFLUENT DATA ENTRY BY: CK: Shipped by: Bus nur r, Staff, Other ❑ EMERGENCY OF CUSTODY ❑ ESTUARY DATE REPORTED: C_OLLE_CT{{_OR(S): L�� , Qe.$,4 1&,tt Estimated BOD Range: 0-5/S-25/25-65/40-130 or 100 plus STATION LOCATION: 1�� CrK V1t/1 Seed: Yes ❑ No❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station ,� f Date Begin (yy/mm/dd) Time Bee -gin Date End Time End Depth DM DB DBM jValueType Composite Sample Type 3" Vx ��• �1I,� Cr U O7 l J� A H L T S 8 C(D GNXX I AI 2 COD High 340 mg/1 3 COD Low 335 mg/1 4 Conform: MIT Fecal 31616 /100ml 5 Colllorm: MF Total 31504 /100ml 6 Conform; Tube Fecal 31615 /100ml 7 Coliform: Fecal Strap 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/t 13 Fixed 540 mg/1 14 pH 403 unite 15 Acidity to pH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/I 1s Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color -,(PH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/I Formaldehyde 71880 mg/l Grease and Oils 556 mg/l Hardness Total900 mg/1 Specific Cond. 95 umhos/em2 MBAS 38260 mg/1 Phenols 32730 ug/I Sulfate 945 mg/I Sulfide 745 mg/l NH3 as N 610 mgA X TKN as N 625 mg/l x NO2 plus NO3 as N 630 muA X P: Total as P 665 mg/I PO4 as P 70507 mg/1 P: Dissolved as P 666 mg/I Cd-Cadmium 1027 ugA CrChromium:Tota11034 u9A Cu-Copper 1042 ug/I NFNickel 1067 ug/1 Pb-Lead I051 ugA Zo-Zinc 1092 u9A Ag-Sliver 1077 ug/1 APAluminum 1105 ug/1 Be-Berylilum 1012 ug/I Ca -Calcium 916 mg/l Co -Cobalt 1037 u8/I Fe -Iron 1045 uSA Sampling Point % Conductance at 25 C Water Temperature IM 11.0, m9A pH Alkalinity Acidity V Air Temperature K3 pH 8.3 pH 4.5 pH 4.5 pH 9.3 2 94 10 300 400 1 92244 431 82243 182242 20 Salinity X Preclpitfon ONdaO Cloud Cover Wind Direction (Deg) Stream flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft. 480 A45 132 36 1351 1350 t35 64 4 DM1/Revised 10/86 NC DENR/DWO Chemistry Laboratory Report to: Sample Anomal Re art SAR Lab Number:�� ��� _ Sample ID: 3 L Station LocatioRegion: .,ample Type: Priority: Collector - Date collected: /,:,71 1123 Date received: _l �l _ Date analyzed: Affected Pararneter(s): / Analytical Area (check one): ❑ WCH ❑ ETALS ❑ NUT Ge MICRO The following anomalies occurred (check all that apply): Cl Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples rcceivcd, but not listed on fieldshcct ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): rrective ❑ VOA ❑ SVOA ❑ PEST B' Quality Control ❑ Instrument failure - no reportable results ❑ Analyst error— no reportable results ❑ Surrogates ❑ None added ❑ Recover), outside acceptance limits ❑ Spike recovery ❑ None added Recovery outside acceptance limits U Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i_e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. V❑ample(s) on hold until. ample reported with qualification. Data qualification code used: ' ❑ Other (explain): Notification Required (circle one)? Yes Person Contacted. Form comp] 1 Chemist Rev44w(pi r[}al): $IOCHEM �il METALS ^ J ]ranch Head Review (initial)- Ehf �l(1 ?A/QC Review (initial� Date: Date: _ZIQ_l._�3 -- ❑ PEST ❑ 5VOA ❑ VOA Logged into database by (initial) A7*rm&AbW1Wr0AR i M7A1 t Al.. rif IFLI, AUG.20t1�DIVISION OF WATER QUALITY kyrChemlrtry Latroratory Report! Warer Qualifyjf'l,. SAMPLETYPEir�/COUNTY B1.ADEN R] ]r hr�RIVER BASIN: AMBIENP QRO QA STREAM "-,rmT REPORTTO . ARO Regional Office F1 COMPLIANCE K] Cl-1AlN0fCU5TODY 1 LAKES ❑ INFLUENT Other : El EMEiRGENCY VISITED ESTUARY COLLECTOR(S) : PSHF.RRMAN 4 Lab Number 3W4469 Date Received : 7/22/2MG Time Received: 9:30 AM Received By 0 5J Data R sacl f 1AR Dale Reported: Elll 1r2003 Erllmoled ROD Range: Station Localion: FLLISCRK-DOWNSTREAM Seed: Chforinsted: Remarks Station 0 Dote Begin (yyfmWdd) Date End (yy/mm]dd) TEme Begin Time F,nd I Depth - DM, DO, DOM Value'1'ype - A. EI, L CompmileT, S, B Sample Type 4-TURNBULI.ELLISCRKDOWN 200311711 0270 8 i ROD 310 2UG5 rn L COD High 340 mFjI, COD Law 335 m L Coliform: MF Fecal 31616 IIWf Coliform; MF Total 31504 I OOm[ Coliform: tube Fecal 31615 zwomf Cofifmrn: Feral Stye 3167i 100nt1 Residue Total500 m• L Volatile 505 m L Fixed 510 m I• Residue: Suspended 530 m L Volatilc535 m [. Fired 510 m [. H 4t13 units Acidity to pH 4,5 436 mKLL Acidity to RHS34.15 InI. Alkalinity to pH8.3415 mg/I. Alkalinity to H4.5410 m L TOC 680 m L Turbiditv 76 NTU Cnlifnnn Tolai Tins 700 mis Chlaride940 mg4L Chi at Tri 32217 u + L Chi a:Curr32709 u L Pheo h tin a 3221.1 u /I. Color. True 80 C.U. Cnlnr 1! 83 CAL Color: P1 1 7.6 82 C.U. C anide 720 mZIL Fluoride951 MR1 I. Furmaldeh de 71M m 1. Grease and Oiis W, m I, Hardnesq Total9M mg/I. SLKTific Cond, 95 u rnkos Cm2 MBASM260 nivjl. Phenols 32710 U%41. Sulfate 945 m L Sulfide 745 m ]. Boron Tannin h Li nin u [. HexevatentChrrmium u• 1. Bicarbonate mg/I. Qrbnnate m+ L X I NH3 aIN610 0.03 rnyl L X TKN an N 625 13 mpj L X NO2 plus NO3as N FiCifl 0.02U mgjL x P; Total as P 665 0.08 m • L PO4asP7fI5W m L P: Dissolved as P 666 m L K-Pntassium M54L Cd- Cadmium 1027 u L CrChromium:Tota11034 urjL Cu- CoppyrI042 u L Ni-Nickel1067 u L Pb 1wd 1051 US41, Zn- Zinc 1092 u L V-Vanadiurn u L A • Silver 1077 ug4L A]- Aluminum 1105 u L Ek- Beryllium 1012 v L Ca- Calcium 916 m L Cn Cobalt 1M7 a /1- Fe-Iron 1015 u L Li-Uthimn 1132 u L Mn. Magnesium 927 m L Mn-Manganese 1055 u L Na- Sodium 929 m /L Arsenic.Total1002 u L Se -Selenium 1147 u L HE. Mercury 71900 v L na_Barium u I, Organnchlorine Pesticides OrVonciphospharus Pei ticides Acid Herbleides Base NeutralkAcid ExtraclahleOr anics TP[ 1 Diesel Pwn e Pus cable Or aria OA bottle 'd TPH Gasoline RanLe TPH OT X Gasoline Range Ph to lanktnn COMMENTS: rn JJ t - '. �J Lhr;ilV e s SEP 2 NMI DIVISION OF{ ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY � Sa&.o_ PRIORITY SAMPLE TYPE RIVER BASIN 6 eco,- ]'`� REPORT TO: R O MRO RRO WaRO W)RO WSRO TS 13AMBIENT j ❑ A ❑ STREAM 5I EFFLUENT AT BM Other COMPLIAN HA LAKE INFLUENT OF CUSTODY Shipped by: But url o, Staff, Other EMERGENCY ❑ ESTUARY C_OLL_ECTORis): Larne jkak1r,$ / ,"4 SRKrtti.G1J /� `' n Estimated BOD Range: 0-5/5-25/25-65/4_0-130 or 100 plus STATION LOCATION:_ � OL l I K - LIOGtIN X-Av Satre, Seed: Yes ❑ No ❑ Chlorinated: Yes ❑�No ❑ REMARKS: / Station to Begin (yy/mm/dd) I Time Begin j Date` End ' Time End Depth DM DB 0 -7 , 7��� 2 COD High 340 mg/I 3 COD Low 335 mg/1 4 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /loom] 6 Collform: Tube Fecal 31615 /100ml Coliform: Fecal Strop 31673 /looml 8 Residue: Total 500 mg/l 9 Volatile 505 mg/I 10 Fixed 510 mg/I 1 I Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidity to PH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/I 1 g TOC 680 m8/I 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/l Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pFl ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/I Speelf[c Cond. 95 uMhos/cm2 M13AS 38260 mg/I Phenols 32730 ug/1 Sulfate 945 m9A Sulfide 745 mg/i A H L NH3 as N 610 mg/1 Y TKN as N 625 mgA )( NO2 plus NO3 as N 630 mg/i 1[ f P: Total as P 665 mg/1 PO4 as P 70507 mgA P: Dissolved as P 666 mg/l CdCadmlum 1027 ug/1 Cr-Chromium:Total1034 ug/I Cu-Copper 1042 ug/1 NJ -Nickel 1067 ug/1 Pb-Lead 1051 uSA Zn-zinc 1092 ugA Ag-Silver 1077 ug/I AI -Aluminum 1105 ug/l Be -Beryllium 1012 ug/I CA -Calcium 9I6 m9A Co -Cobalt 1037 ug/I Fe -Iran 1045 ugA Composite T S 8 Sample Type C G GNXX LI-Lithlum 1132 ugA Mg-Magneslum 927 mgA Mn-Manganese 1055 ug/I NaSodfum 929 mg/1 Arsenlc:Total 1002 ug/I Se -Selenium 1147 ug/1 Hg-Mercury 7I9M ug/I Organochiorine Pesticides OrgamphoWhorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankto Sampling Point % Conductance at 25 C Water Temperature 0 D.O. mg/I PH Alkalinity Acidity Air Temperature 40 pH 8.3 PH 4.5 pH 4.5 pH 8.3 2 94 10 300 . 400 1r 82244 431 82243 182242 20 Salinity X Preclpltion 0n/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Wkith ft. 480 45 32 36 1351 1350 35 64 4 DMI/Revised 10/86 N(' DFNRIDWO Chemistry' Lahoratery Report to- Sample Anomal Re or# SAR Lab Number: , f 5%.�L�g _ _ Sample JD; station Location: Region: .,ample Type: Priority: Collector- — Date collected: 2_/ �l �� - Date received: 2 _lg?,F _/49Date analyzed: !�! _/�1 Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ XETALS ❑ NUT 00 MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace - ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samples received, but not listed on fieldsllect E) Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ . Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify); Corrective Action: ❑ VOA ❑ SVOA ❑ PEST e' Quality Control ❑ Instrument failure—. no reportable results Cl Analyst error — no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added /� Recovery outside acceptance limits Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ /Kample(s) on hold until: V Sample reported with qualification. Data qualification code used: I' ❑ Other (explain): Notification Required (circle one)? Yes Person Contacted: Form Chemist R 1 w (i tial): B IOCHE METALS 3ranch Head Review (initia V ?A/QC Review (initi I): _. !A%Fam VAb"&tmWAR No Date: Date: ❑ PEST r, _' ❑ SVOA ❑ VOA Logged into database by (initial) In^_3Mi dbs