090130_ENFORCEMENT_20171231

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 12, 1998
Mr. Matt Hardee
P.O. Box 1576
Elizabethtown, NC 28337
SUBJECT: RECISSION OF NOTICE
OF DEFICIENCY
Baldwin Branch Swine Facility
Registration No. 09-130
Bladen County
Dear Mr. Hardee -
On June 23, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Baldwin Branch swine facility. it
was observed that the records for waste application had some minor
problems, however, none of the problems warranted the issuance of a
Notice of Deficiency. Due to confusion by the inspector resulting from
several farms under the same ownership, this farm was accidentally sited
with a Notice of Deficiency. The Notice of Deficiency was supposed to
have sited the White Plains Nursery Facility (09-131). This letter is issued
to apologize for the mistake and to correct the records concerning this
facility.
If you have any questions concerning this matter, please call Bob Heath,
at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2 8301 -504 3
PHONE [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 8, 1998
Mr. Matt Hardee
P.O. Box 1576
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
Baldwin Branch Swine Facility
Registration No. 09-130
Bladen County
Dear Mr. Hardee:
On June 23, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Baldwin Branch swine facility. It
was observed that the lagoon level was less than that required for freeboard
plus the 25 year/24 hour storm. It was also observed that waste application
records need modification to more accurately account for plant available
nitrogen (PAN). In regard to the deficiencies noted during the inspection,
the following actions are requested:
1. Consult with a technical specialist for assistance in regard to maintaining
records for each solid set zone on the IRR -2 form.
2. Lower the lagoon level to the required level as soon as weather permits
on a suitable crop.
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 GR REN STREET, SUITE 714, FAYETTEV I LLE, NORTH CAROLINA 26301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLRC/10% POST -CONSUMER PAPER

Mr. Matt Hardee
Page 2
July 8, 1998
If you have any questions concerning this matter, please call Bob Heath, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
0 Alan W. Klimek, P -E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Matt Hardee and Steve Campbell
304 Westwood Drive
Elizabethtown NC 28337
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Baldwin Branch Nursery
#9-130
Bladen County
Dear Sir or Madam:
FIAPR 2 3 2003
On February 27, 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 30, 1999. 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
111+
Customer 5endce: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr. state. nc. us

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 12 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].
Sincere ,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DMSION OF WATER QUALITY
July 9, 1999
Mr. Matt Hardee
P.O. Box 189
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
Baldwin Branch Nursery
Registration No.09-130
Bladen County
Dear Mr. Hardee:
On June 25, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Baldwin Branch swine facility. It
was determined that several areas of the waste application fields had a
significant problem with competition grasses (primarily fall panicium). In
addition, the solid set irrigation system had problems with several sprinkler
hydrants leaking resulting in waste ponding in and around the perimeter of
the spray fields. An inspection of the waste application fields identified that
some of the irrigation hydrants were not being used which resulted. in
substantial variations in growth rates of the crop. Also,the lagoon dikes
have several bare areas that need a cover grass established to prevent
erosion.
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 control
and or removal of the grass competition .
2. Contact a technical specialist with an I designation for assistance in
regard to the problems with the sprinkler hydrant leakage and the
possible modification of the system if necessary to allow for adequate
coverage of the calculated wetted acres.
3. Continue the efforts to establish a suitable cover grass in the bare
areas of the lagoon dikes.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Matt Hardee
Page 2
July 9, 1999
Nothing in this letter should be taken as absolving this facility of the responsibility and
liability of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please call Robert F. Heath,
Environmental Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. MRCS
Jw ..qft

�0F W A 7-, q Michael F. Easley, Governor
`O G William G. Ross Jr., Secretary
CO
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p •� Division of Water Quality
August 25, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Matt Hardee and Steve Campbell
304 Westwood Drive
Elizabethtown, NC 28337
Subject: Inadequate Freeboard
No Further Action
Baldwin Branch Nursery
09-130
Bladen County
Dear Hardee and Mr. Campbell:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to freeboard in the structural range.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
NCDEN' R
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 / Affirmative Action Employer
50% recycled 110% post -consumer paper
http:Ilh2o.enr.state. n c. us

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.
Sincer ,
1
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 09-130
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

PLAN OF ACTION (POA) FOR LAGOON SLUDGE REDUFR-FRO
Facility Number: 9 -1,30
Facility Name:
Certified Opera
County: a
JAW 0 5 2006
Note: A certified Sludge Management Plan may be submitted in lieu of this POA.
Compliance Timeframes:
If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste analysis, a sludge management plan that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit, July
1, 2007.
If the sludge level is non-compliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit, July 1, 2007. If future
sludge surveys do not show improvement in sludge levels, DWQ may require the owner to develop a
sludge management plan that meets the requirements of SB Interagency Group Guidance Document
1.26.
SPOA 5-18-04 Page 1 of 2
La oon 1
Lagoon 2
Lagoon 3
Lagoon 4
Lagoon 5
Lagoon 6
a. Lagoon Name) identifier
b. Total Sludge Depth (ft)
(� 0
c. Sludge Depth to be
Removed for Compliance
. !�
ft
d. Sludge Volume to be
Removed (gallons)
e. Sludge PAN
(Ibs/1000 gal)
f. Liquid PAN
(lbs/1000 gal)
g. PAN of Sludge (Ibs)
(d x e)/1000
Compliance Timeframes:
If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste analysis, a sludge management plan that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit, July
1, 2007.
If the sludge level is non-compliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit, July 1, 2007. If future
sludge surveys do not show improvement in sludge levels, DWQ may require the owner to develop a
sludge management plan that meets the requirements of SB Interagency Group Guidance Document
1.26.
SPOA 5-18-04 Page 1 of 2

NARRATIVE: Use this section to describe the method(s) that will be used to lower the sludge
depth. If microbe use is planned, specify the product to be used.
Quellz Products, Inc.
A product called Quellz from Quellz Products, Inc. will be used to reduce the sludge in my lagoon. This
product is an enzymatic solution that stimulates the natural bacteria in the lagoon being treated. The initial
treatment is based on the estimated vglume of the lagoon at the time of treatment at a rate of 1:50,000, and
maintenance treatment is added based on the amount of waste generated on a per month basis at the same
rate.
hereby certify that I have reviewed the information listed above and included within the attached
Plan of Action, and to the best of my knowledge and ability, the information is accurate and
correct.
- . Facility OwnerlManager (signature)
Phone: 7/0 —, Ky�— J O 3
7 -
Date:
Return this form to:
Keith Larick
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
SPOA 5-18-04 Page 2 of 2