090112_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 12, 1999
Nin. Ronnie Hester
542 Hester NO Road
Bladenboro, NC 28320
SUBJECT: NOTICE OF DEFICIENCY
Pineland Grain Company Farm
Registration No.09-112
Bladen County
Dear h& Hester.
On July 12, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Pineland Grain swine facility. It
was determined that the bermuda grass waste application field had a poor to
nonexistent stand in the majority of the wettable area. In addition, the
weekly lagoon levels were not being maintained weekly as required by the
General Permit condition section 3 no. 6.
In regard to the deficiencies noted during the inspection, the
following actions are requested:
1. Contact a technical specialist for information in regard to the re-
establishment of the bermuda grass or options for planting additional
crops on adjacent available acreage -
2. Begin maintaining weekly lagoon levels immediately on the required
forms issued by the Division or on another approved form.
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 28 30 1-5049
PNoNE 910-486-1541 FAX alo-486-0707
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Mr. Hester
Page 2
July 12, 1999
If you have any questions concerning this matter, please call Robert F. Heath,
Environmental Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSw
Sam Warren - Bladen Co. NRCS

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
lanuar<- 9.2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randy Barefoot
Prestage Farms
P_O_ Box 438
Clinton. NC 28328
Subject: Notice of Violation
Pincland Grains Farre (P46)
Facilitv No. 09-112
Permit No. AWS090112
Bladen County
Dear Mr. Barefoot:
William G. Ross Jr,, Secretary
Gregory J. Thorpe, Ph.D,
Acting Director
Division of Water Quality
You are herebv 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 April 12, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality
performed a routine inspection of the Pineland Grains swine facility (P46) in Bladen County-. The
inspection revealed that an overapplication of wastewater had occurred resulting in wastewater ponded in the
waste application field and the previously grassed waterway. The grassed waterway had been disked recently
and wastewater was identified in the watenvav to within one (1) foot of the creek. The waste application field
had remnants of the previous fall soybean crop present and primarily native grasses_ In addition, wastewater
was observed in the grassed waterway adjacent to the lagoon resulting from a leak at the irrigation pump.
The lift station was observed at the time of the inspection to be out of order and inoperable at the time of the
inspection.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
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I
Page 2
Mr. Randy Barefoot
January 9, 2002
The Division of Water Quality requests that the following item(s) be addressed:
Immediately repair and or replace all malfunctioning components of the lift station and maintain
adequate replacement parts to prevent future prolonged periods with inadequate waste Dandling
equipment.
2. Evaluate the irrigation pump for possible leaks and possible repairs or modifications to prevent
future releases of wastewater into the grassed waterway..
Immediately establish the required crops in the waste application fields and repair the grassed
waterway per the CAWMP.
4. Submit a copy of the past year of irrigation records for the facility.
Submit a copy of the certified animal waste management plan (CAWMP)_
6. Submit and explanation for the wastewater in the field and the previously grassed waterway as
determined by samples collected on April 12, 2001 and why this event was not reported as
required by the General Permit.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation 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 $2 5,000.00 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 response should be received by this office on or before January
2s 002.
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.

Page 3
Mr. Randy Barefoot
January 9, 2002
If you have any questions concerning this matter,please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at (910) 486-154 1.
SinrereK,
�_-Pau­I_E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
Wilson Spencer -Bladen Co. NRCS
Trent Allen-DS&W Fav_ ctteviile Office
Central Filcs-Raleigh -

Prestage Farms, Inc.
January 21, 2002
Mr. Paul E. Rawls
Regional Water Quality Supervisor
North Carolina Department of Environment & Natural Resources
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Systel Building
Fayetteville, NC 28301-5043
RECEIvtu
JAN 2 5 2402
OW-FAYE�NI�-r REGIONAL�CE
RE: Response to Notice of Violation for Facility No. 09-112, Pineland Grains
Farm (P-46)
Dear Mr. Rawls,
This letter is to provide the items requested by you in your Notice of Violation dated
January 9, 2002, for the above referenced facility.
1. Our Maintenance department was aware of the lift station's malfimctioned
components. However, at the time of inspection those ordered components had not
been delivered and the system was operating manually. Today, we have those
components in place as well as a second access for the backup motor.
2. Irrigation pumps, by design use water on its main components as a form of coolant.
However, the water observed around the hydrant was from a prior irrigation event.
The minimal amount was due to the depressurizing of the irrigation system. We will
evaluate as you have suggested and will use the best management practice for the
situation.
3. This facility manages a no till soybean -wheat rotation as described in the CAWMP.
The remnants observed were due to the no till plan. Both crops were planted and
harvested in accordance with the CAWMP. In the Spring of 2001, with permission
from local Soil & Water Conservation, all irrigation fields were land planed, land
leveled, and waterways reworked to better manage the crops. The waterway in
question was eliminated.
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE [phone]

J�x
r
ECE'V'AN z 5 2002
pM-EpYEjfEV U REGMOMCE

EDF WA7-FRQ Michael F. Easley, Governor
`0 (� William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED_ MAIL
RETURN RECEIPT REQUESTED
Mr. Ronnie Hester
542 Hester Mill Road
Bladenboro, NC 28320
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Pineland Grain Company Farm
Facility Number 09-112
Bladen County
Dear Mr. Hester:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
I
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your-
Technical
ourTechnical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
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Inadequate Freeboard
Page 2
Thank you again for your cooperation_ If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-112
Non -Discharge Compliance and Enforcement Unit
Central Files

O�O� W AT 4�,q4G
0 -1c,
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ronnie Hester
542 Hester Mill Road
Bladenboro NC 28320
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Pineland Grain Co Farm
#9-112
Bladen County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W_ Klimek, P.E. Director
Division of Water Quality
R 2 3 2003
On March 6, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on December 21, 1998. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax (919) 733-DO59
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Afftmnative Action Employer
So% recycled/ 10% post -consumer paper
h ttpl/h2o. enr. s to te. nc. us
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9 FDE®R
Location:
512 N, Salisbury St.
Raleigh, NC 27699-1617

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past I2 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

May 2, 2003
hN!}. r%4ul AdWIN
Regional Water Quality Supervisor
NCDENR-DWQ
Fayetteville Regional Office
225 Green Street
Systel Building
Fayetteville, NC. 28301-5043
Dear Mr. Rawls:
0Er'�'
YS :�
1144 l 7 2003 �
Mi "t
SUBJECT: Response to Notice of Violation for Facility No. 9-112, P-46
This letter is to provide the items requested by you in your Notice of Violation dated
April 16, 2003, for the above referenced facility.
1. Current Freeboard level is 30 inches.
2. Freeboard levels for past 12 months; see attached.
3. Spray records for past 12 months; see attached.
4. Rainfall records, see attached.
S. Soybeans/ X'heat; PAN=4061 lbs./year.
6. Pumped and hauled waste to another company lagoon offisite and irrigated as
weather permitted on existing sprayfield.
7. Installed a nipple watering system approximately three years ago.
8. Lagoon level is in compliance.
9. This freeboard violation was due to heavy and frequent rainfall throughout the
past seven months. Proper management was in place before, during, and after
violation occurred.
Sincerely,
Randy Barefoot, Director
Land and Nutrient Management

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ronnie Hester
304 Westwood Drive
Elizabethtown, NC 28337
Re: Notice of Deficiency
High Freeboard
Pineland Grain Co. Farm
NCA2041 l 2
Bladen County
Dear Mr. Hester:
Alan W. Klimek, P.E. Director
Division of Water Quality
On 11/2712006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section 111 11(e), that the freeboard level of the lagoon was 16 inches, which is less
than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum,
maximum waste level for lagoons/storage ponds must not exceed the level that provides
adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (PDAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
NrrthCarolina
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Naturally
Aquifer Protection Section 1636 Mail Service Center
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July 1 I. 2007
Page 2
Hester
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. PDAs can be found under "Reporting Forms" on the left
side of thepage, at our website http://h2o.enr.state.nc.us/aps/afou/afou_home.htm
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File — 09-112
APS Central Files
Prestage Farms, Inc.