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090131_CORRESPONDENCE_20171231
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Bill Holman, Secretary Kerr T. Stevens, Director 4 0IT • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 12, 2000 CHARLES D. HILTON, MATT HARDEE, & BRUCE MCCULLOCH ATTN: MATT HARDEE WHITE PLAINS NURSERY 304 WESTWOOD DRIVE ELIZABETHTOWN NC 28337 Subject: Certificate of Coverage No. AWS090131 White Plains Nursery Swine Waste Collection, Treatment, Storage and Application System Bladen County Dear Matt Hardee: In accordance with your application received on April 5, 1999, we are forwarding this Certificate of Coverage (COC) issued to Charles D./Matt/Bruce HiIton/Hardee/McCulloch, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the White Plains Nursery, located in Bladen County, with an animal capacity of no greater than 6060 Wean to Feeder and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the ' CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. I This request shall be made within 30 days of notification by the Division. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS090131 White Plains Nursery Page 2 This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (9I0) 486-1541. If you need additional information concerning this COC or the General Permit, please contact Susan Cauley at (919) 733-5083 ext_ 546. CinrPTP.1v cc: (Certificate of Coverage only for all cc's) Bladen County Health Department Fayette-ville=Regional=Office; Water -•Quality -Section, Bladen County Soil and Water Conservation District Permit File NDPU Files SEP 2 t 2000 FAYE-Ti EViLLE REG. OFFICE State of North Carolina R�GEM,s C�0tA ?'Oj �� Department of Environment and Natural Resomees Division of Water Quality pgR 0 5 M9 Non -Discharge Permit Application Form t#irtg (THIS FORM MA Y BE PHOTOCOPIED FOR USE AS AN ORIGIrVAL t)1ti'�SChaTge petm General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: _ 1.1 Facility Name: White Plains Nurser 1.2 Print Land Owner's name: Charles D./Matt/Bruce Hilton/Hardee/McCulloch SEP 1.3 Mailing address: PC�-i�e, - 304 WiEs-r JDOD DR. City, State: Elizabethtown NC Zip: 28337 FAYETTEVILLE Telephone Number (include area code): 910-96-2 3�6 (C+f - 'f-O39 EG. OFFICE 1.4 County where facility is located: Bladen 1.5 Facility Location (Directions from nearest major highway.`PR!ase include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): From E-town, take Mercer Mill Road to Rosendale Road, turn right and go to where Rosendale Road turns left at a stop sign, continue on Rosendale Road approx. I mile to farm on left. 1.6 Print Farm:Manager's name (if different from Land Owner): 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): Prestage Farms 1.8 Date Facility Originally Began Operation: 1130/95 1.9 Date(s) of Facility Expansion(s) (if applicable): 1 2. OPERATION INFORMATION: 2.1 Facility No.: 09_ (county number), _131 (facility number). 2.2 Operation Description: Swine operation Ito Feeder 6060- Certified Design Capacity Is the above information correct? = yes; F__J no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum num`be-r or which the waste management structures were designed. Type of Swine No_ of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals 0 Wean to Feeder 0 Layer 0 Dairy 0 Feeder to Finish 0 Non -Layer 0 Beef 0 Farrow to Wean (n sow) 0 Turkey 0 Farrow to Feeder (9 sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the farm. No. of Animals: FORM: AWO-G-E 5/28/98 Page 1 of 4 09 - 131 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 9.4 Required Acreage (as listed in the A WMP): 9. ¢ 2.4 Number of a_oo storage ponds (circle which is applicable): 1 2.5 Are subsurface drains present within 100' of any of the application fields? YES or <1� (please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or do (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farrri Siting Act, NRCS Standards, etc.) (Swine Only) or. NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? 6/ 9+ What was the date that this facility's land application areas were sited? 6/ 94- 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Irl4tials 3.1 One completed and signed original and one copy of the application for General Permit -Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations is land 1 where animal waste applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CA WMP, it must be completed prior to submittal of a general permit application for animal waste operations. J V The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. t/ 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) v'"3.3.3 A map of every field used for land application. 3.3A The soil series present on every land application field. 3.3.5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP_ 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. ✓3.3.1 1 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. &�-3.3.13 Odor Control Checklist with chosen best management practices- noted. 3.3.14 Mortality Control Checklist with the selected method noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CA WMP includes any components not shown on this list, please include the additional components with your submittal. FORM: AWO-G-E 5/28/98 Page 2 of 4 09 - 131 Facility Number: 69 - 131 Facility Name: White Plains Nursery 4. APPLICANT'S CERTIFICATION: WATER Qu RECEIVED Lip SEC_ ,APR 0.5 f 999 1vorn'Discharge pemrit6ng I, C14ARLEF D. W tL..io►J, MATY i4t teS, BkLtp Ajcr% L=14 (Land Owner's name listed in question 1.2), attest that this application for WN+re PI-AWS NUP_5E a (Facility name listed in question 1.1) has been reviewed by me and is accurate and comp ete to the best of my knowledge_ I understand that if all required parts of this application are not completed and tha if al] required supporting information and attachments are not included, this application package will be returned to a as mplete_ f q Signature Date 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete_ Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E 5/28/98 Page 3 of 4 09 - 131 t A r rRFE, Uj U P- V�kb 'A' LAKE LA 31 j WAW wu� Y R.4 Y WHITE Sri M LAKE IS UPS ELIZABETHTOWN ANOWNS AIM U. L STATE 'tin FOREST UN I.M.DWI f.VCLKTARV SINCLOMARY 'tj ♦ LAKE rmocx LUI Via BAY US, U.2 Ito 2. V.— Ck 33 I'a pK 04 6LADENBORD T. un Vol U" 'Fit v - r IN j vif ',:CLARKTONVll tell Lui tul It UW LIM "NAM. Mh. 0. I AM -Al . I O. pq -110 rAI 14 Im L u m u s .7 1.r..ilf {d•, f.+ kb4.b UPI t IM co,u 14 tfrL Rid I-.l SP- Ila tril VIP Vol tm sa LUL Pill A Mu lm It 41" F,, EASTuu ARCADIA ANIMAL WASTE UTILIZATION PLAN Producer: MATT HARDEE Location: P.O. BOX 1576 ELIZABETHTOWN INC 28337 Telephone: 910-645-4039 Type Operation: Existing Wean to Feeder Swine Number of Animals: 6060.00 pigs (Design Capacity) STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation 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 DEM regulations. Page: 1 ANIMAL WASTE UTILIZATION PLAN - = 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and -to reduce the potential 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. Acreage requirements should be based on the waste analysis. report from your waste management 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 specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 6060 pigs x .40 tons waste/pigs/year = 2424 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 6060 pigs x .48 lbs PAN/pigs/year = 2908.8 lbs. PAN/year 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. Page: 2 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELDI SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME 4742 6 EXA BP 4.9 245 0 9.4 2303 I MAR-OCT 4742 1-6 JALL SG 1 165 0 19.4 1611 ' I OCT-MAR FEND TOTAL12914 -- - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: 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. Page: 3 ANIMAL WASTE UTILIZATION PLAN _ E' - 5 TABLE-2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME END TOTALI0 -- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed 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 to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely 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 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 mowed to a height of about two inches before drilling for best results. Page: 4 ANIMAL WASTE UTIL12ATION PLAN -Acreage'-figures may exceed total acreage in fields due to = overseeding. =*= lbs'AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied.' The following legend explains the crop codes used in tables"1 and 2 above: CROP CODE CROP UNITS PER UNIT 50 65 BP SG HYBRID BERMUDAGRASS-PASTURE SMALL GRAIN OVERSEEDED 1 TONS AC 1 TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED 9.4 2914 0 0 9.4 2914 * BALANCE -5.2 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Page: 5 ANIMAL WASTE UTILIZATION PLAN *** This number must be less than or equal to 0 in order to fully' - utilize the animal -waste N produced. -' Acres shown in each of the preceding tables 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: 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 prevent over application of nutrients or other elements. Your production facility will produce approximately 460.56 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 2302.8 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 need 7.676 acres of land. If you apply the sludge to corn.at the rate of 125 pounds of nitrogen per acre, you will need 18.4224 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 application methods. APPLICATION OF WASTE BY IRRIGATION 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 not 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 Tables-1 and 2. Failure to apply the recommended rates and Page: 6 4. ANIMAL WASTE UTILIZATION PLAN _x amounts -of nitrogen shown in the tables may make this plan invalid. e following table is provided as a guide for establishing application >` = `rates and amounts. - .. Y•4 . Tract 1 Field Soil Type 4742 1 6 1 EXA 4742 1 --6 1 ALL Crop I BP I SG jApplication RatelApplic. Amount (in/hr) 0.35 (inches) *� 313ij99 1' CPAW, * * 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 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be 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 responsibility 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 Tables 1 and 2. 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 rate prior to applying the waste. NARRATIVE OF OPERATION Page: 7 WASTE -:UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift,.manmade-conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of -adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of -utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 5. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: e 4 WASTE -UTILIZATION :.-PLAN"." I S REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 15. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the -vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 9 WASTE UTILIZATION PLAN -' REgurRED SPECIFICATIONS ;'...: 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion.. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used - when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 10 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm:WHITE PLAINS NURSERY corner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Environmental Management (NCDEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25- year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDEM upon request. Name of Facility Owner: TT HARDEE signature: Date: ^� / Name of Manager(If different from owner): Signature: Date: Name of Person Preparing Plan: Samuel G. Warren Affiliation:USDA- MRCS Phone No. 910-852-6936 Address (Agency): 122 Ag. Service Ctr. Elizabethtown NC 28337 Signature: Date: Page: 11 Im tTjYam. .4 V7 tT A, R .. .. .. . . . . . . . . . . . . 1:74 fit I'Wr tv (VoW tl� Or• LS AL r. nat 'or 4h eL I ;k *.;*?; -A -.%. - ) . " %NN IVA Jw 4.a(w/, u. et IA to( i J L to , Je, jr .. 1�, Aj• I-T .4m_ WIN. X IN Q;K 'ink A� z, I "? P1 I itv: jN r _ 1 •1-�`r �:, !'•'t1r ,'��ir' (w r sY" ..ii• , . INI w W1, 4 4" Ir4 A -4 All 44- 3'Jyrrr lwmx�,, Vl;. AV I" Pr 1^ CAT 1 0.1 el, NO fl'tC hil?. _76 g. WIN! SU , 1-W - MLP ���}�fJ PLADEN COUNTY EMERGENCY ACTION FLAN DIVISION OF WATER DUALITY (DWU) 910-486-1541 EMERGENCY MANAGEMENT SERVICES (EMS) 910-868-6i60 SOIL & WATER CONSERVATION DISTRICT (SWCD) 910-862-693B NATURAL RESOURCES CONSERVATION SERVICE (MRCS) 910--66 -6936 COOPERATIVE EXTENSION SERVICE (CES) 910-6&a-4591 This plan will be implemented in the event that wastes from your operation are leaking, overflowing, or running off the site. You should NOT wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be posted in an accessible location for all employees at the facility. The following are some action items you should take. 1. Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to problems are listed below: A. Lagoon overflow -possible solutions are: a. Add soil to berm to increase elevation of dam, any permanent alteration of the dam should be approved by a qualified technical specialist. b. pump wastes to field at an acceptable rate. c. Stop all additional flow to the lagoon -hold waste in the house if possible. d. Call a pumping contractor. e. Make sure no surface water is entering lagoon. H. Runoff from waste application field -action include: a. Immediately stop waste application. b. Create a temporary diversion or berm to contain the waste. c. Incorporate waste to reduce further runoff. d. Evaluate and eliminate the reason(s) that caused the runoff. e. Evaluate the application rates for the fields where runoff occurred. C. Leakage from the waste pipes and sprinklers -action include: a. Stop recycle (flushing system) pump. b. Stop irrigation pump. c. Close valves to eliminate further discharge. e. Repair all leaks prior to restarting pumps. D. Leakage from flush system, houses, solids separators -actions include: a. Stop recycle (flushing system) pump. b. Stop irrigation pump. c. Make sure no siphon effect has been created. d. Stop all flows in the house, flush systems, or solid separators. e. Repair all leaks prior to restarting pumps. E. Leakage from base or sidewall of lagoon. Often this is seepage as opposed to flowing leaks -possible action: a. Dig a small sump or ditch to catch all seepage, put in a submersible pump, and pump back into lagoon. b. If holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil. c. Have a professional evaluate the condition of the side walls and the lagoon bottom as soon as possible. 2. Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? c. Any damage noted, such as employee injury, fish kills, or property damage? d. Did the spill leave the property? e. Does the spill have the potential to reach surface waters? f. Could a future rain event cause the spill to reach surface waters? g. Are potable water wells in danger (either on or off of the property) ? h. How much reached surface waters? s. Contact appropriate agencies. a. During normal business hours, call your DWG! (Division of Water Quality) regional office, at 910-486-1541, after hours, emergency number:919-733-3942. Your phone call should include: YOUR NAME, FACILITY, TELEPHONE NUMBER, THE DETAILS OF THE INCIDENT FROM ITEM #2 ABOVE, THE EXACT LOCATION OF THE FACILITY, AND THE LOCATION OR DIRECTION OF MOVEMENT OF THE SPILL, WEATHER AND WIND CONDITIONS. THE CORRECTIVE MEASURES THAT HAVE BEEN UNDER TAKEN, AND THE SERIOUSNESS OF THE SITUATION. b. If spill leaves property or enters surface waters, Cali local (EMS) Emergency Management Services at 910-862-6760. c. Instruct EMS to contact local Health Department. d. Contact local Soil and Water Conservation District (SWCD), Natural Resources Conservation Service (NRCS) office at 910-862-6936 and Cooperative Extension Service (CES) at 910-862-4591 for advice/technical assistance. 4. If none of the above works call 911 or the sheriffs Department and explain your problem to them and ask that person to contact the proper agencies for you. b. Contact the contractor of your choice to begin repair of the problem to minimize off -site damage. a. Contractors Name: WELLS aaOt, b. Contractors Address: ar- c. Contractors Phone: _9'to- 597r 570 5 _ 6. Contact the technical specialist who certified the lagoon (NRCS, Consulting Engineer, etc.) a. Name: GLe-nn CL. r Flo a b. Phone: 9io� 5'92 - `►T7�o PkY z49 7. implement procedures as advised by DWQ and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. B. if you are a contract swine grower associated with a swine company integrator, contact the company representative at 1--910--592--5771 Insect Control Checklist for Animal Operations Source Cause HMPs to Control Insects Site Specific Practices Li uut systems Flush Gutters • Accumulation of solids Flush system is designed and operated sufficiently to remove accumulated solids from gutters as designed. Remove bridging of accumulated solids at discharge Lagoons and Pits Crusted Solids Maintain lagoons, settling basins and pits where pest breeding Is apparent to minimize the crusting of solids to a depth of no more than 6 - 8 inches over more than 30% of surface. Excessive Vegetative • Decaying vegetation Malnlnin vegetative control along banks of Growth 1 lagoons and other impoundments to prevent accumulation of decaying vegetative matter along walei's edge on impoundment's perimeter. • Dry Systems Feeders • Feed Spillage Cl Design, operate and maintain feed systems (e.g., bunkers and troughs) to minimize die accumulation of decaying wastage. O Clean up spillage on a routine basis (e.g., 7 - 10 day interval during summer; 15-30 day interval during winter). Feed Storage • Accumulations of feed residues 0 Reduce moisture accumulation within and around immediate perimeter of feed storage areas by insuring drainage away from site and/or providing adequate containment (e.g., covered bin for brewer's grain and similar high moisture grain products). O Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. AMIC -November 11, 1996, Page I Swine Farm Waste Management Odor Control Checklist Source Cause ,,BIVU's to Minimize Odor Site Specific Practices Farmstead Swine production Vegetative or wooded buffers; Recommended best management practices; Good judgment and common sense Floor surfaces • Wet manure -covered Dry' floors Slotted floors; 1 Walcrers located over slotted floors; ❑ Feeders at high end of solid floors; O Scrape manure buildup from floors,- 0 Underfloor ventilation for drying Manure collection pits Urine; 0 Frequent manure removal by flush, pli recharge, • Partial microbial decomposition or scrape; 0 Underfloor ventilation Ventilation exhaust fans • Volatile gases; Fan. maintenance; Dust Efficient air movement or surfaces • Dust Waslidown between groups of animals; Feed additives; 13 Feeder covers; f_7 Feed delivery downspout extenders to feeder covers Flush tanks • Agitation of recycled lagoon O Flush tank covers; r liquid while tanks are fllling ❑ Extend fill lines to near bottom of tanks with _ anti-slplloR Vents Flush alleys • Agitation during wastewater ❑ Underfloor flush with underfloor ventilation conveyance *, Pit recharge points • Agitation of recycled lagoon ❑ Extend recharge lines to near bottom of pits liquid while pits are Tilling with anti -siphon vents Lift stations * Agitation during sump tank ❑ Sump lank covers Filling and drawdown Outside drain collection • Agitation during wastewater 0 Box covers or junction boxes conveyance AMQC -November 11, 1996, Page 3 Source End of drainpipes at lagoon Lagoon surfaces use • Agitation during wastewater conveyance UMi's to Miulmize ❑ Extend discharge point of pipes underneath lagoon liquid level Volatile gas emissions; Proper lagoon liquid capacity; Biological mixing; Correct lagoon startup procedures; Agitation Minimum surface area -to -volume ratio; Minimum agitation when.pumping; Mechanical aeration; ❑ Proven biological additives iecifc Practices irrigation sprinkler • High pressure agitation; Irrigate on dry days with little or no wind; nozzles 0 Wind drift Minimum recommended operating pressure;. Pump intake near lagoon liquid surface; ❑ Pump from second -stage lagoon Storage tank or basin • Partial microbial decomposition; C] Bottom or midlevel loading; surface • Mixing while filling; ❑ Tank covers; • Agitation when emptying ❑ Basin surface mals of solids; ❑ Proven biological additives or oxidants Settling basin surface • Partial microbial decomposition; ❑ Extend drainpipe outlets underneath liquid • Mixing while filling; level; • Agitation when emptying ❑ Remove settled solids regularly Manure, slurry or sludge • Agitation when spreading; ❑ Soil injection of slurry/sludges; spreader outlets . Volatile gas emissions ❑ Wash residual manure from spreader after use; Cl Proven biological additives or oxidants Uncovered manure, • Volatile gas emissions while ❑ Soil injection of slurry/sludges slurry or sludge on field drying ❑ Soil incorporation within 48.hrs.; surfaces ❑ Spread in thin uniform layers for rapid drying; ❑ Proven biological additives or oxidants Dead animals • Carcass decomposition �r Proper disposition of curcusscs Dead animal disposal • Carcass decomposition ❑ Complete covering of carcasses in burial pits; pits ❑ Proper location/construction of disposal pits Incinerators • incomplete combustion ❑ Secondary stack burners M'-C -November 11, 1996, Page 4 Mortality Management Methods (check which method(s) are being implemented) ❑ Burial three feet beneath the surface of the ground within 24 hours after knowledge of the death. The burial must be at Ieast 300 feet from any flowing stream or public body of water. Rendering at a rendering plant licensed under G.S. 106-168.7 0 Complete incineration 0 In the case of dead poultry only, placing in a disposal pit of a size and design approved by the Department of Agriculture 0 Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal heaIth. (Written approval of the State Veterinarian must be attached) Operator.,DEP--J-DAR NURSERY C,_,urlty: BLADFN Date: 8-05-94 Distance tc,.near-est residence (,:,bher- than owner): 2000 feet i AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow t,--, finish,) 1417 1t,s. = 0 1 b s 0 5ows (far-r-c,:: to f ee,ier-) - ., 52z 1 t,s. _ Q I bs Cr head (finishing only) 135 ILis . = C► I b s. 0 sc,ws _(farrow to wean) 433 1 Lis . = G 1 bs 60080 head (wean tc, f eerier) =:iJ I bs. - 182400 _ I bs Describe other- 0 1 bs ----T-- Tc to I Average Live Weight ^ = 1-'32400 1 bs i 2. MINIMUM REQUIRED T_C:EATMENT VCiLUME OF LAGGf=iN Volume = 1.=:'Z4C)0 lbs_ ALW x Treatment Vcilurne(CF)/lb. ALW Treatment Volurne(C:F)/lh. ALW = 1 CF/Ib. ALW i VoIume = 182-400 Cubic feet STORAGE VOLUME FOF SLUDGE ACCUMULATION V c, I u rn e= CJ cubic feet ivi L.d j oa,",C, 4. TOTAL DESIGNED VOLUME Inside top length (feet) --------------------- :300.0 Inside tor, width (feet) ------------------------ 160.0 Top of d i k:e elevation (feet) -=-------- ------- 55.0 Bott :irn of lagoon elevation (feet) -------------- 45. U Freeboard (feet)-------------------------------- 1.1) S i de s I ones ( i ns i de I agoon )------------------ 3.0 1 Tota l des i gn vo l erne us i rig pr i smcr i da I for mu l a SG/END1 SS/EP4D2 SS/SIDE 1 5S/S I DE2' LENGTH WIDTH DEPTH _.CI 294.CJ 154.0 9.0 AREA OF TOP LENCYIH WIDTH = ,94 . CJ 154. 0 ( AREA OF TOP) AREA I. -IF B iTTi +N �z. LENGTH * WIDTH = , 40 . C J 1 C ►r_J . t.> .1000 (AREA OF L:CiTTOI,1) AREA OF M I DSECT I ON LENGTH # WIDTH * 4 `c=.7.CJ 1:_7.ir 1:-:ii�- ;- (AF;EA iiF hiI1?SECTION * 4) CU . FT . = C AREA T i{' + (4 *AREA MIDSECTION) + AREA r: OTTi_ l ] * DEPTH/6 CIE...!'6.f1 1:'fir.:_a_.,t_J Z40 CI1,(Y 1.5 Total Des i gried Vo I urne Ava i I ab l e = 307368 CU. FT. TEMPORAFtY STORAGE REQUIRED DRAINAGE AREA: Lagoon ( top of dike) _ Length * Width 300-C) 160.0 square feet Buildings (rocs f and I cat water) C1.0 square feet Describe•this area. TOTAL DA 4 :00O.C) square feet Design temporary storage period to be 12.0 days. .5A. Volume of waste produced Feces urine product i can in gal ./day per. 13-5 lb. ALW 1.37 Vc. I urne = 1� 24CIc_I I bs. ALW/135 l bs ALW * 1.37 gal /day 180 days Volurne - 331.84 gals. or 44543.= cubic" feet 5B. Volume of wash water This is the amount of fresh water used for washing floors or volume 1ef fresh water used for a flush systern cir" excess water. Flush systems that recirculate the lagoon water- are accounted for ire 5A. Vo I urne = 0.0 gallons/day * 18CI days storage/7.41 ga I I tins per CF Vc- I time = 0.0 Cub i c feet 5C. Vo I Lime of ra i rif a I 1 in e::c ess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 1:-:C► days excess ra i of a i l - 7.0 i riches Vo I urne = 7.CI inches * DA / 12 inches per- foot Vo I urne = ::=:000.c_I cub i c f e e t 5D. Vc- I urne cif 25 year - 24 hour storin Va I urne = 7.5, i nches / 1:= i nches per foot * DA Va I urne :30C-)0().0 CLlb i c feet TCITA1._ REQUIRED TEMPORARY STORAGE 5A. 4454: CLib i C feet ff.B. c) cut,ic feet 5C. -":_;Cic 0 cut. i c feet 5D. :=:(1f)I11) CLlb i C feet TOTAL 1C►'St4:=: ctit, ic feet . SUMMARY Temporary storage 180 days Rainfall in excess of evaporation=========== 7.0 inches 25 year - 24 hour 7.5 inches Freeboar-d============-----==================, 1.0 feet Side =.0 . 1 Inside top I en3th___________________________ :300.0 feet Insidd trap 160.0 feet Top of dike e E evat i on=======================} 55.0 feet Bottom of lagoon e 1 evat i on==================> 45.0 feet Total required 28494:3 cu. ft. ✓ Actua I design vc, l urne=====----===----=--=====1> 207368 cu. ft. ✓ Seasonal high watertab E e elevation (SHWT)=== • 51.0 feet Stop pumping e I ev.==-`______________________::. F{ ► feet 5- 5w' Must be > or = to the SHWT e I ev. _-______=_ 51.0 feet Must tie , `• or. = to rn n. req. treatment e l .=r 51.0 feet Required minimum treatment .vo I urne===========> l8Z400 cu. ft. Volume at step pumping e I evat i tin============> tAX00i cu. ft . /83 3/2, gw Start pumping eIev.-=-=- --- ----------=---=r 53.:3 feet Must be at bottom of freeboard & 25 yr. rainfall Actual volume less Z5 yr -- 24 hr- rainfal 1=== 277368 cu. ft. Volume at start: pumping e 1 evat i on===========> 276329 cu. ft. Required volume to be pumped================> 7Z543 cu. ft. Actual volume to be pumped==================> I cu. ft. 91617 III i n. th i ckness of so i I I i ner when requ i r-ed==> 1.5 feet ✓ 7. DESIGNED BY: niom 44 AF'PR0VED 0Y:o"AYY�� � C, DATE: � DATE: 5c z; 104 ass 7 ' NOTE: SEE ATTACHED WASTE UTILIZATION PLAN COMMENTS: : ' UNITED STATES SOIL 122 Ag. Services Center 'DEPARTMENT OF CONSERVATION Elizabethtown, NC 28337 AGRICULTURE SERVICE 910-862-6936 WASTE MANAGEMENT FACILITY SITE EVALUATION GENERAL INFORMATION NAME �t y LOCATION /,��. %- f'L,�;. s ('Al ied _ TELEPHONE SIZE OPERATION /D 'Ir/ LOCATION DATA DISTANCE FROM NEAREST RESIDENCE NOT OWNED BY PRODUCER 7W60 FT. IS SITE WITHIN 100-YEAR FLOOD PLAIN? If yes, SCS cannot provide assistance. YES NOS_ IS SITE AT LEAST 100 FT. FROM A "BLUE LINE" PERENNIAL STREAM? YES k NO_ If no, site must be relocated. IS SITE WITHIN 1 MILE ZONING JURISDICTION OF A MUNICIPALITY? YES NO- �e If yes, landowner should consult with local zoning board about required permits. Permits must be obtained prior to design approval. ARE UTILITIES IN CONSTRUCTION AREA? YES NO ,X If yes, see Part 503 of the National Engineering Manual and follow policy. (Copies of maps or other reference materials may be attached to site evaluation.) WETLANDS WILL SITE INVOLVE CLEARING WOODLAND OR ANY NON -CROPLAND? YES >< NO If yes, producer must complete a Form AD-1026. WILL ACTION RESULT IN SWAMPBUSTING? YES NO__ IF WETLANDS ARE INVOLVED, IT IS THE RESPONSIBILITY OF THE PRODUCER TO CONTACT THE US ARMY CORP OF ENGINEERS AND THE DIVISION OF ENVIRONMENTAL MANAGEMENT TO DETERMINE IF ADDITIONAL PERMITS ARE REQUIRED. NO WETLANDS SHOULD BE ALTERED UNTIL PRODUCER RECEIVES WRITTEN APPROVAL FROM SCS, US ARMY-CORP OF ENGINEERS AND NC DIVISION OF ENVIRONMENTAL MANAGEMENT. (A copy of AD-1026 and CPA-026 should be attached to site evaluation.) ODOR CONTROL HAS ODOR CONTROL BEEN DISCUSSED WITH PRODUCER ............. .............. PREDOMINANT WIND DIRECTION? YES NO .............. POSSIBLE EXPANSION OF TREATMENT VOLUME FROM I CU.FT. UPWARDS .............. TO 3 CU. FT.ILB. OF ANIMAL? YES NO .............. PRECHARGING LAGOON WITH FRESH WATER TO AT LEAST 1/2 OF THE ............... CAPACITY? YES _ NO .............. USING GOOD SOUND JUDGMENT IN LAND APPLICATION OF .............. WASTE? YES NO OTHER ENVIRONMENTAL FACTORS IS ENDANGERED AND/OR THREATENED SPECIES HABITAT PRESENT? s YES NO_ j IS A DESIGNATED NATURAL SCENIC AREA INCLUDED IN THE PLANNING AREA OR WILL PLANNED ACTIONS IMPACT ON AN ADJACENT NATURAL SCENIC AREA? YES . NO__X_ IS AN ARCHAEOLOGICAL OR HISTORICAL SITE LOCATED IN THE PLANNED AREA? YES NO__ ARE THERE PRIME, UNIQUE, STATE OR LOCALLY IMPORTANT FARMLANDS IN THE OPERATING UNIT? YES p( NO WILL THE ACTION RESULT IN SODBUSTING? YES NO A If yes to any of these questions, refer to form NC-CPA-16 for policy sources. The form does not need to be completed. WASTE MANAGEMENT , DOES PRODUCER OWN ENOUGH LAND TO PROPERLY LAND APPLY WASTE? YES_ NO IF NO, DOES PRODUCER HAVE ACCESS TO MORE LAND? YES NO IF LAND IS NOT OWNED BY PRODUCER, CAN PRODUCER GET AGREEMENT ON LAND ON WHICH TO APPLY WASTE? YES NO (Attach Waste Utilization Plan to site evaluation.) SOIL INVESTIGATION - VALID ONLY IF SOEL INVESTIGATION SHEET ATTACHED IS SOIL SUITABLE FOR LAGOON? YES V, NO 1S A CLAY LINER REQUIRED? YES NO_A_ IF YES, IS CLAY AVAILABLE ONSITE? YES NO QUESTIONABLE IS A CORE TRENCH REQUIRED? YES t( NO (Attach soil investigation sheet to site evaluation.) SITE APPROVED YES_! NO CONDITIONAL COMMENTS A-Ab; ; ass. /S �br.:� �* �e /'� •��/ 61 THIS SITE INVESTIGATION IS VALID AS LONG AS THE DESIGN AND CONSTRUCTION OF LAGOON CONTINUES IN REASONABLE TIME PERIOD. UNDUE DELAYS OR HESITANCY IN CONSTRUCTION MAY REQUIRE THAT SITE EVALUATION BE . INVALIDATED. SIGNAT 1L�CbATE 0 - 9 Page 2 of 2 U. U,ASCS-CPA-026 1. Name and Address of Person 2- Date of Request 5lbiM�;on1se-=rvatio'n Service (June91)L C a lie. Hil ton 5/3/94 - .. t3P O B• vlS HIGHf_Y ERODIBLE LAND AND WETLAND E-TOWN, NC 2$337 3-ICounty Bladen Y CONSERVATION DETERMINATION 4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No. ASCS SECTION 1- HIGHLY ERODIBLE LAND 6. Is soil survey now available for making a highly erodible land determination? Yes No ❑ FIELD NO.(s) TOTAL ACRES 7. Are there highly erodible soil m units on this farm? Yes 9 Y map ❑ No ��,,'� .,--•-� """� •'"cow" , t w 8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in any crop year during 198171985. 9. List highly erodible fields that have been or will be converted for the production of agricultural commodities and, according to ASCS records, were not used for this purpose in any crop year during 1981-1985, and were not enrolled in a USDA set -aside or diversion program. 10. This Highly Erodible Land determination.was completed in the: ice Nf. Feld ❑ SEC'1ON II - WFTLAND FIELD NO.(s) - TOTAL ACRES 11. Are there hydric soils on this farm? Yes No ❑�..�.",b_ 12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP). 3 Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be A f� farmed and maintained in the same manner as they were prior to December 23,1985, as long as they are not Iv abandoned. - 13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management, drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions unless the area reverts to wetland as a result of abandonment. 14. Artificial Wetlands (AW)- Artificial wetlands includes irrigation -induced wetlands. These wetlands are not subject to the wetland conservation provisions. 15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal -effect agreement signed at the time the minimal -effect determination was made. 15. Mitigation Wetlands'(MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland converted between December 23, 19a5 and Novembe-r 28, 1990. 17. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after November 28, 1990, or the planting of an agricultural commodity or forage crop. 18- Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and November 28, 1990, on which an agricultural commodity has not been planted. 19. Replacemant Wetlands (RPM. Wetlands which are converted for purposes other than to increase production, ` where the wetland values are being replaced at a second site. 20. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be in good faith and the wetland has been restored. 21. Converted Wetlands (CW). Wetlands converted after December 23, 1995 and prior to November 28, 1990. In any year that an agricultural commodity is planted on these Converted Wetlands, you will be ineligible for USDA benefits. 22. Converted Wetland (CW+year). Wetlands converted after November 28, 1990- You will be ineligible for USDA 5,..J �� S program benefits until this wetland is restored. 23. Converted Wetland Non -Agricultural use (CWNA). Wetlands that are converted for trees, fish production, shrubs, 1 c/ F' �• cranberries, vineyards or building and road construction. 24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of incorrect determination by SCS. 25. The planned alteration measures on wetlands in fields with FSA. 26. The planned alteration measures on wetlands in fields installed will cause the area to become a Converted Wetland 27. The wetland determination was completed in the office 28. Remarks. are considered maintenance and are in compliance are not considered to be maintenance and if N). See item 22 for information on CW+year- d and was detivered❑ mailed to the person on + R,ev►%J� t,� C,,AsA _Zeds+ 14 29. 1 certify that the abort determination is correct and adequare for use in determining 30. Signature of SCS District Conservationist-- 31. Date eligihiliryfor USDA program benefits, and that wetland hydrology, hydric soils, and hydrophytic vegetation under normal circumstances exist on all areas outlined as T S Werlands Farmed Wetlands, and Farmed Wetlands Pasture. 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' f � ,�-• �`�., fir i } }_s+ �'li✓ y+, y��1 a �"n: � �i� r ' ti Jt . �. a �{ ������ �����r�•�� \�,� s ... i 4 air��� b' 1! � 7�''.;'' r��' � `a I �"'��� `5• y k'h�i'l','�s� Leif �,��{e it `-��ni ���?qS{v�rr l,� S �r I t:'•r r�� 1'Vt�t� ��'wP.�#'Rel`" ���'�,.wew=�.\' 'r� � I~ j+'vi� �+ e�ri .i '�,�� � 'S�y, u,� , '.• •' L��;_t t rj_�'kt�r.. �, ',,-.= � }',":Ck.; I uy' r�� �s• ,- �-�53 wy<t •{�)� !�'- w4�}a 'S� � � ' • i�/S- i'F�ry4 �Ir i. ,. ,��r�1►. .+�,yY. e�; �� Y, ]♦' '�!� `�`r ! V' ,`7 N � d i, ,f+ ' f+w + S y ✓ _ j�� - �' � -' � ,try � 'F � �' U' R:e �` �j ]�„ "Y �p I H r. :. •. .,rrt i�M •� »�' . "' �t,}r.r,,y +#L , {{� '+its * .1^.-• ••rr; * ► t ti,.. �� �� `�r � q3` •lysr,, rs,i��i"siY�".'}1 'i 1:,•� r.., t�. y�s•� k< f'+�a j.fy,°�[�.n� •1'���tw^'�4'Sr� [j \ �'• 1 ~; :!. si .. I I, �. ..�`".'.'�-�' f•T, ��s • ♦.�Ir r..,��.",1�i,.r t.d',��e,�,. ~ ..� .3 ' _�- � h4* n Z 1 I NAM ADC J"j�J • -!furs S?,� - - - 1 _ .._ PAM 25 7 `/ TRAGT 7 ' Z� - M,_-�Z- DESCRM TM CDFMTMN OF THE AffA THAT YOU PLAN TO C GHVMT ACRFAGE/Dlfi$ION INVOLVED /fj NON-AGRICULTURAL PURPOSE (far crample: aqu".ure, houses, road; ctc.i /' ,--,efS is ANTICIPATED DATE ALTERATIONS WILL BE COMPL.EI'E & PLAN 111PLEMENTED I2 PLANNED COVER III THE AREA.%a0 r 2 0TMR CX*A 89M (wW aIlli ym bal wN be emperum todo o mpproeW d eib pax) PRODUCER'S SiGNATURE�' 2, = » pA r�r��l�arS r�r�r sl rsr 00*00000000rr•rfrrtrr rrrr�rrrr rrrrNf��lfi �• ' FOR AGENCY U�EY PLAN APPROVED- AS SUBMITTED Ix WITH CONDITIONS PLAN NOT APPROVED CONDITIONS FOR APPROVAL ----_----_~--- �•` i'R, �1 ,L 1. THIS EXEMPTION IS N'ALID FOR A PERIOD Or THREE; (31 1LAY6 FOLLkAS iSG UATE Of' .APPROVAL BY DISTRICT CONSERVATIONIST. W PLA.tiN-ED AC"ITVM' IS NOT COMPLETED BY THIS DATE. THIS EXEMPTION IS VOID. PRODUCER MAY RE -APPLY FOR A NEW" CWN-k 2. F AILCiRE TO FOLLOW THE: APPROVED N-' N* WILT~ CAUSE THE AREA TO BECOME CONYLRTED WETLAND AND A N-IOL.ATION OF THE NvETiAND PRONISIO''S OF. THE: 1990 FA.RSI HILL 3. THIS EXEMPTIONIS FOR FOOD SE('t'RITi' A(T PURPOSES ONLY. OTHER STATE AND; OK FEDERAL PERMITS MAYBE REQUIRED. THE; CORP' OF ENGINT -ERS SHOULD BE ('O`TACITD I'RI()K To BEGINNING PLANNED AC-nN'ITIE S. MEETS CW1+lA REQURBUMB n_ A <p� "ot ANIMNITA r VMSTS HASAGUMCMUT PLAX CBRTIPICATI=M POR DTw OR RZBAND8D rZZDLOT Pleas• retUXn 'Chs comPletsd foss to the Division of Environaental itaaagemeat ►( j the address op the reverse side of this form. Name of farm (Please print): - A kr- Address o a-g 147 I Phone No.: 1 - 6Z - b County: w Farm location: Latitude and Longitude:1f 29 3Q"/�86�' � (rewired) . Al 11 Please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.) : <- �- Design capacity (number of animals) 612hro Average size of operation (12 month population avg.) : Gb6o _ Average acreage needed for land application of waste (acres): q saszsynssssaassasassaasassssasassaessssa�sassaszassvassasassasss�asssaassazaaes Techaiexl Specialist Css-tifieation As a technical specialist designated by the North Carolina Soil -and Wate Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new o [y expanded animal waste management system as i stalled for the farce named abov CL has an animal waste management plan that meets the design, tonstructioWJ operation and maintenance standards and specifications of the Division-o Environmental Management and the USDA -Soil Conservation Service and/or the No Carolina, Soil and water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria-hasreabeen verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party) ; access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stor ✓water runoff events less severe than the 25-year, 24-hour storm- LOWP i9f opi:� ,�- o�. ;��..�.�` ��� �,� lG �f At r- Name of Technical specialist (Please Print) : Si9wCu0 AAffiliation: Address (Agenc7) / 2 SGrriC� C'.�r Phone 2d :. 9/0- S� Z-�',�i�� NG AT3 37 Signat:. Cv, [.K�.-= - - --- _ _ Date: 4rsj— � cam=3n=�s=�z==agara7+==f�saasyzaysax�zsabzsa==zssav==ace=asz:=assassa3sasa Carer1Xanarer Agweament T_ NO understand the operation and maintenance procedures established In the approved animal waste management plan For the far- lamed above and will _splersent these _ roceo'1res. (we) k-ncw that any additional expansion to the existing design capacity of the waste treatment anal storage system or constructic : of new facilities will require a new certification to he submitted to the Division of .Kan.a ame nt he=ore the new animals are S;zrcked. - (we) also than zher _ ':list be nc discharge of a_ninal was. - frcm this system to surface .'a er's of the state Other hro- - • z, -_..ace __._:a,fa.Iloe or through from a o....__.. -lent lass severe -had- . -year, _�-.^our s'_..__.._ The plan will be filed at the farm a-= at the office = _ =he local Soil an.:. 'Hate_ consermacion T_st-ic_. IDE, __'�- OAS NJ *tare cf La=d owcs= (:_ease Print) t «"'O^c•_IV t�On / -- Si mat re: Data- Na.:^a of LSa=a„es, if l_fferer.t from owner (Please print) . Signature: NS5�: A change in land (if the approved plan manageme �at4: ownership requires nctif_cawicn a new certificatior. is changed) z3 ce submitted Q the Division of t within 60 days of a ninjo __ansfe:. q r a -'� Cj SA VAT k�j .� f U. S. iie�� rent of AgricultureNC-ENS-3�4 , Soil conservation Service Segnkr 1980 P' I 0 Fi l e" Coda : 210 HAZARD CLASS OR T DID 4` 'OFF Landowwr :' %ty.L� _ Comottn i ty or Estimated Depth �!' 1�ter�"� TQ �of. AM 7 �Ft LIMWOTFlow Pool Ft. Date of field Hazard.Investigati4m Evaluation by reach of flood plain downstream to the point of estimated minor effect from sodden dam failure. st. ev. :Est. Elevation Kira! of :Improvmnts: of Breach Reach: Length: Width: Slope: Land Use Improvements : Above :Floater Above Flood Plain: Flood Plain Ft. Ft. Ft. 2 .� 3 Describe potential for loss of life and cage to exisi;ing or probable future downstream improvements from a sudden breach ,- /PS S o� /,? en�S C::4A.A�r Hazard Classification of Dam (1) b, c) (see N EM-Part 520.21) Dam Classification (I, II,(II , I11, b') By Concurred 8y name 141 title MOTE: 1. Instructions on reverse side. 2. Attach additional sheets as needed. Date/J —R Da to SHEET I OF 2 1-iP1(7RATICiN t?.,AG M A I N T F N A N CC PL.figN! ---------------------------- Th i = I agoor, i s des i r€ed for waste treatment ( F,err,ianen � `astorage ) art,,, 120 days of temporary storage. The t€rnw required for- the F+Ianne'_! f I u i d Ieve I (F+erniai,ent an.:,' temporary storage) to be reached may vary due to site Conditions, weather 4 flushing c.pPer-at i ons, and the am:_-, nt cif fresh water added tcs the system. The designed temporary storage cons € sts of 1;_;l-, d:4_y=. storage f Fir": ( 1 ) is'a.=te from ar, i rr€r.1 s and { W) excess ra i nfa I I after ev'aC:C+ra.t i r=r:. A 3 5ie i Pic 1 u d e d i s stirr-age for - th.e . 5 y ear " '2_'4 hour storrn r!, IC he I e.c at i C,rs. he vo I ume t=f waste generated fr om a 3 € v.eri nurr€ber 11fF a.r, € FAA I S W I I i be fa i r I y cor,stant throughout the year acid f rs»+Fri year- to '`sear-, bu t e} ce ss ra i rifa 1 1 w i I I vary fr rim year to year. The ._ year - ra. i n f a i I w i I I ni»=t i e a f actor to cons i der- i ri ar€ annua. I Furnp i i � cyc I e; but this st=»ir age via I urne must a. I ways be ava i 1 ab I e . A rnax i mum e 1 eva.t ion is de t er-rri i r,ea i n each she= i ti n to beg i n pump i rig and th i s i s l!sILL a I i y the i:.ut I et € r€vert s_,f Fs i pC- ( s) f r oFri bu i I d i rig ( s? . i f thF, out I et V, i pe i s r:=_st j nsta. I I ed a t the e j evat € =_Fn tl_s beg i n pump i rig, a permanent rnarrker. . rr€ust tie i t€sta I I e.j a.L th i s e I ev at i=»'r€ tr, i rid i cate when Fsumpt i r,g s h o u I d lbe;; i n . An e I e-:Fat i rJr, rrir_st tie e s t a b I i shE, a to stijp pump i ng to Fri ai nta.i r, I a.goon trea'C'merit deFsth. Pump j rig can tie started or storipied at any t Irne bet".;eeri these two eIevations fcsr ctpFratin3 c+_En`s'enien.ce as site (7orid itions clerFri it; such as weather , s=»+ i I s, C r„Fs, and, e Cl Li. i pr:ierit i r€ r-der- to aF'C: ]'y' wasj e w i th,:,Ut runoff or I each i ng. Land aF,F' I 1 cat j (:in of waste Water- 1 s rcC fir, i s edj aS ar', _ C ECm, taL' 1 e meth:,d of d I sposd I . N e t h o d s c' P a.j-=p I I Cat i i,ri i ric 1 u. ,e 5 I i =_ set Center F= i vot. gun s,, ar,s_i t€`ave I i rig z-,uri i rrf at i can. C:urn C1,c'u I s� tse taken wher€ aFsplyirig waste to Fsrev>:r,t damage t crc,FT-a. The f o I I s»iw i rig, items are to tie c �i.r'r i ed =_=ut t. It is strongly recornmer€si 5d that the tr-eatmerit I aqP or, tie pre-- Cha.r 'yk'd to 1/«._ its Cc).�iaC. i t'y to pr- ?vent C-XCesS i V ild-Dr"5 dur" i ngi start-up. Pre-char.q i nr reduces the concentration rJf t :e i n i t i a i waste enter i n-a the I c€.J;+i»sr, thereby reducing odors. .;+ I id-1id-1 c.hou id be Covered With cf'fluent at all times. -hPr, F=r'echar"yir:.3 is rorr,F.Iete, f I u s h bu i I d i n 9 5 sue' i th re_yc I vd I a 9 o o n I i +1u i d. F=r-esh wa ter - shou I d r,sjt be uses] fcsr- f I Usti i ng after i n i t i a l f i I I i ng . The a.'tt:ach€ed wa_.te ut i I i at i or: p 1 ar, 5ha.1 I tie fc, 1 1 ci'.�ed. Th i 5 F' I an recurnrr,+_nds sarriF= € i rig and test j f t..taste ( see attachment 7 b E? f c- r ie I a. rid aF=Fs I i cat i on. Lie' i rr ter:1F'»=r dr Str rdjC F,usmF,-lout :�f the' I ag,:,can wheri f� 1 u i d I eve I reaches the e I evat i or, 53.- as Fri a.rE.ed by per m a n e n t ir€a.rker. Sto FsuFr:l»s- out wher€ the f� 1 u i d I e've I reaches e I evat i �_+r6l'9 €; . Th i s lerr€F,orar-y sts»+r-age, I ess 25 yr-- 24 hr storm, c orita i ns 7' ._ r_i!b i c f eet cir 541,S' 4. g a. 11 o n s. SHEET 2 i-iF 4. The recommended maximum amount to apply per irrigation is one (1) inch and the recommended maximum app l i cat i L"3n rate is 0. inch per hour. Refer- to the waste ut i I i zat. i on plan f o r_ further neta i I s. 5. Keep vegetation on the embankment and areas adjacent to the lagoon mowed annually. Vegetation should be f ert i l i zed as needed to maintain a vigorous stand. 6. Repair- any eroded areas or areas damaged by rodents and estab I i sh in vegetation. r. All surface runoff is to be diverteA from the lagoon to stable outlets. a. Keep a minimum of 25 feet of grass vegetated buffer around waste utilization f i e f ds adjacent to perennial streams. Waste will not be- app I'i ed i n open. d i tches . Do not Pump within 200 feet 11f a. residence or within 100 feet of a we i I . Waste shall be applied in a. manner not to reach other property and pub l i c right-of-ways. 9. The Clean Water- Act of 1977 prohibits the discharge of pollutants into waters of the United State=_-. The Department of Environment, Health. and Natural Resources, Division of Environ-- menta i Management, has the responsibility for enforcing this law. NCDENR Susan Cauley DWQ 1617 Mail Service Center Raleigh NC 27699-1617 Dear Susan: August 11, 2000. RECEAJED_� SEp 2 It 2000 PAYEF EVO LE REG. OFF=KoL RECEIVED AUG 1 5 2000 Subject: Application No. AWS090131 Additional Information Requested White Plains Nursery Bladen County I have evaluated White Plains Nursery's Waste Utilization Plan and spray field, and determined that the operation has more irrigated acres than the existing plan indicates. Find enclosed the new WUP, maps of the spray field, certification of spray field and equipment, and irrigation area computations. The irrigation system was installed 4/95_ If you have any questions give me a call at 910-592-4776 ext. 249. Sincerely, G. Glenn Clifton Tech. Specialist Prestage Farms, Inc. WASTE UTILIZATION PLAN ----------------------- I-ardee Count y,F laden Name of Farm —;White Plains Nursery Locat i Gn-----s,7,04 Westwood Dr. Elizabethtown NC 23337 Phone -- _---••-- ; % 0--645--4039 Typo Operation ------------- zWean—Feed Number of Animal ----------- . 6060 Store gn trs.l#'l:ur'r---------- i naerobit=' _?goon Method oi application ------ :Irrigation Amount of waste produced pen zJFai`—._...^.____...—_.--._.......- 2559 Amount of plant available N (PAN) prodoced/year.- 2909 lbs. /Year The wo5ke from your mill:Aal faQiAity most 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 use to reduce the amount of commercial fertilizer required for the ar ops in the fields where the waste e is to be a p.ii d. This waste utilization plan i_i50S n itrOgQn <=i5• he l 1ti! tinp n:_itr'i'icIr. Waste should Le analyzed bef one each :;rips i� atiGin cycle. Annual. soil test are strongly encouraged so that all plant nutrients con bo alarc :i for realistic yields of the crop to be grown. Teverol fa tcr`,_ are 'important in implementing your waste utilization plan ire c:rd;:'r 4o maximize the fattiii.zerµ value of the w _! to and to ensure that it its applied in an _nvironmentally safe i :! n = . . :L. Always apply waste based € n the needs of the crop to be gr Dwn and the nutrient cit.r,eI.t of tha waste. Do not apply oar,-: nitrogen than the crop can utiliza. 2. %il typeS are ..i pD'i'r._ip-t as they have !different .in l.,i.c`,rat _on r=ttE5; leaching potentials, C'a i=K _,:i=i'ange capacities, and availabis water holdvng capacities, 3. Normally waste shall not be applied to land eroding at more than 5 tons per acre per, yea". Waste way be applied o land e.7"Gtaing at «. or more tons per acre annually, C'ri?t Less tha7 I Li tons p o'r'' acre per y!'.a;- pr'Qvi=;ing that adequate filter' strips are established. 4. Do not apply waste a.n ratur'ated soils, when it is vai.ning:, or when, the '.-sl_€ Face is frozen. Either of these condihi Its lita'% in runoff to the surface waters which is not allowed under l;WG ne C..'olati Gns.. . Wind conditions should also be considered to avGiid drift anddC1Wnt34 lri r) JRj' probleliis. To maximize the value Gf the nutrients for crop !reduction and to raduca the pGC:.,nt L._!i for pollution, the waste should bo applied to cl growing G' ;' c3 p 00 applied 1l C? i more than 30 d c'i y c prior o pl•, Nt ing a crop qr for".:3gos breaking dormancy. inj ._ _ ing t.I__r: waste or disking will conserve nutrients and educ . odor problems, This plan .is based on the waste application method Lhown above. if you choose to L:ii.ing* me'GSii)ds in the future, you Yyl,*d to revise F J this plan. !'utr-;.en levels for different application methods are not1.I!r:' same. The e5timatrd acres needed to _apply the animal waste is baBed on typical nutrient content Fnr hin I' pe oF Facility, tit_"iraag,'? requirements should be based on the waste analysis report from your waste manr.gc.!11ent facility. in some cases you may lrl;•lnt is 7 have White Plains Inc_. Page 2 ;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 accoomadate changing waste analysis content and the crop tyre. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAS 2H .0217 adopted by the Environmental Management Commission. YOUR 'siASTE UTILIZATION PLAN i IS BASED ON THE FOLLOWING - Tract Field Soil Coop Yield Lbs, N Acres Lbs. N Month to No. No. Type ..ode lA 1 e /Unit ►Jsed rnpay 4742 G EXA S 4.9 30- 00 9.0 2425 MAR-'-OCT 4742 42 6 EX A K i•LJ r A 50.00 :`.'' 9.9 495 EP-•,`riA Total :i. 9 292:71 Surplus Or Deficit '-1.1 1::.=fG:"'17i5:! 1 a u e ) --t Cottsin-IbR. lint H _rsLL'ueihayi--tons L=Small gra:i3thay3-a2re L=._BidE Soybeans DC-bu. Applying .he :.bo`) - amount of waste i 5 n big job, Vogt should plan time ct n d have appropriate to apply t i i c w a 5 t e in a timely nanr ev, White plains, Inc. Wage 3 The >pplic for is cautioned that P and K may be over, applied while meeting the N requirements. In the future, regulations may reg1_tire farriers i t some parts of North Carolina to have -t nutrient m_tnagetr.ent plan that addresses all nutrients. This plan only adds=ess¢s n.iL open. In interp+.anted fields (i.e. small grain, etc, interseeded in bermF.tdagrnss) 1 f+orrage must ba removed through grazing, hay -and/or silage. Where grazing, plants shcs!_tld be grazed when they reach a height of six to nine intzhe's. Cattle should be removed when plants are Drazrd to a height of four inches. In fields where small grain I-tC, is to b* r eiiicived, For hay o ' silage, rare should be exrerc'ised not to to let small grain to reach maturity, especially late in the season (i, e. April or May) . Shading m-ay result if sisal l grain ge-;s tao high and this v4ill definitely interfere with stand of berfi9udagr'a7is. This loss of st.,_;nd wl- 11 r' _•':i:: t in redl.tcf:?d yields -,And less nitr-org'en being utilized. Rathep- than cutting small g-r--air, for' hay or, silage just before heading as is the norii!al situation, yQU are enco:_iraged to cut the small prain earlierr. You may van.l. to coTi ider h;-arve sing hr�> oir, :wo to Uhi'oe times 01;xr ing 52-EArCtn, depending on time small grain is planted ir, the fall, ;I !i? iC�'t'al i�j.:3� h,:? a 3t;:_r�'o .ai{'1 Si3:•i?.l Y''aAi?, 'EslCp 13 =!'; :Pt-?�i��e7" or exar`ly Grtr, bt?r-•, D-f-i l l iT- g is recommended o''ter ':r c-ca .�Er'iiil.if]=irj'i'•:t"i:� 'iel(71t�.ra i]1? t�'i't:_i�,: :{'i` 4l?]rik_'�, i;t7 .. :l'�..�:i; r�i- ;�F+:_!-tL j;��.i(j :.T :`ilr;''.- ;'i'1-;7'r'r r]y•7. J. QC. ilrtA St 0 ;;er`c �, _n �r� 1 :t-i� 0';- €-t'A e51_i11iilt :A7-1 rIEif:. :r`25{af_} L..�. :L17.'C 7.O'Y' I`a:i sr'� :C' r]C?] �GT?i:T (Flee;j Ck?r` E ; r_ `:{ . 5 a ri p 1 .:- n q i O'i ' 3 g �? jr," i l :l f :'e'i' n i U L l f'_r'r-_f'i C: wn Ail ti n tc1 1:,1 Es E, are crins ld 'r'c'a to ue :: `r-t? Ii Sti)il.1.2 aC'res 11.i(j t'i' 1,j t71_tfft];' T fi I i;s?i'' :z'tri r5 aIC,r,ti r: l i;r'hoa:-,j add4 arEl: t-tE, �.lT7a _7�. _ L o �Y it i'i g =.i: e J, and per me e areLi r-o s e_e 3. V 1 T f :_; i Z _4 rzI? l i r:.�"t; s F] it 3i: ' 1y. is is ? e._i 4_i 3 p .ii r?'f ', i l it l �: l : 1 C i , ct I-u-1 .i -I Cr i`l :i:r~ 1.t? rJ i 4i_: •_; u!cs'I , :7.-tn4t Mr, kE- y` sYx1 C,f_ iP0'r"C- i-1 xr, t'.1e ti:i`0S ±i:QV)f7 I.T'o A;h:? : - t_._;�s.. S-e a-i 4,au_hed Te-•r:; shoitiing th_• -riP_1ds to be used for• the -ut-J.? i.za.i.on Cf_UDC,i_ APPLICATION, 1i'Ia w;_4s.to `-_i i li_ -iGion a;l ;?:_S 'I: t_11n'i.:rt'-in t=4i-oVi5:tr?;7 fCi i_C, 7.1)Ci,f, l :nip i:n :1fs g,? ,-A 4Tj'i'iJr,OGI?.!: -;,a _'i, TiI ;I:'I Nl 1 fit i U, :[ rn'_ rr-.'': and ;ai l q'.i :_r•e P)-eC?1-t is _ 0n as i''y F1C-?a� �!.1 'i- �t r^`--e e n t rtinl z- i; i t]'•J.�. :-�_ l`..;t�_ 1. „ I �.i 'i`L?:t'il:i !?i'• ?�+,i?��r` �'at?i,7%?il'=.i, _;_S1'' p'i`f:ii'.tt:.h f�....._l:ltFi ,i :_i};1:ii=ii._e1 4 G. Ibs. of j's',1n1,: !.vaAla�?le , i t r' (;' [J,' is n i ' e -r ji ? ..11 I f d q e c -it Yc-,u I' E-:it Yo S1+.€E;d_ EVe,[ Y J yE';�ir- , y01A Lti3.li. P,Vt,- ciPP'1 0xtGIa. e I y t'j�7i_. �.1'_, of 't to ui;J.":.i:'.f?, _15:.uiIi Y:� ICI: 1}7•'.?i. r G`fi).:: `` N I bF•'r'r,l??dc4 5�-_Li 5 h8YIa'r.d, 71-i 'i:i7e --ctte Of2€0 ir' 2 ,'t7_j2ri >ei"- .=.i�_':"_'4 �f oI.! wi1 ilo, ?C � •:ii,i':?5 3f �_.Ziiij. 'T' f 0I_t .1 )•71y I.4_S(Jge `Go C,rirr! r't't ,^cy.'_ r.)-F 1 - 1bs,. of n;itr'QJC,'ii r='?er-' cAC.V,C4 yfJl_t '.•� i � �. Tfe-yF"_•:a {, �' i.4r�'i'?'.. t.7f j. %Zifd, r<I y.-t<ati b ? a—N-:ar-:a tj'7,�i; ilTli y ,, 't= 3.iict+=L? ! 'f _hf? r' �! c:[i':C7 J 111t�-,7f?>'rJe IACt:-a r'eigl.i?.i-e1iients could va-r-% I.'Y �' ur:p :? tli i3n /i]1_tr 5 LidJ? bJ=_.:.G;? :tit:-i?';-iiS, YpeS5 ;"e:?i:i1 7_ =}" i-C, i G� lt_I L�T7 <itrJ i. 1.C�1�. iL}n rf?Ct;"SOdS„ ^ White Plains, Inc. Page 4 APPLTCATION OF WASTE BY MRIGATION Ths Wigabion application rate should not exceed the lntake�rate of tl at the^rrination such that runoff or pohdjng ucco is rate is limMA rby initial sail moisture t nt � _ sail ture, s il awater droplet size, an soIi a appIi uld not exceed thec,ldilabIn JQ water hp1ding cap at the tile of irrigation"nor should t�e plant gpn applied exceed the nitrogen-^ Weds of the crop. � - ` If sox`�age,riDat ethnd of land appIioa�ion^ this` �plan, i�� is ���� respnn�ib � ol tha producer and irr§gation �� ' desi2ner to ensure that a ' Qatinn system is installed. pnrly irrigite the acr own in table 'Failure to ap-Q ~' y My` no0^ o`mmended^~�t-e�. anc}'�-iriinu`^V# `of nitrogen shown in 'ably may ` Me this pW invalid .,� following table^i ' i5� a* a guide f�� est�bl����n� ^ ' - ' l e i�ati�n rates ��^ anuw � "°. `, - � ~ ' ` Track Field Sail"Crop p�i� �ppl�c IRR_2 ^ ' McNc, Typy ' � - PAN. (in (s> 47% 5 EwA' 5 0^3 IS 4742 Q EM , This is the maximum application amount aIiowed for the soi� assumlng the amnunt of nitrogen allowed for the crop i5 not Over - applied, Tn many situations the application amount shown cannot be applied because of the nitrogen limitation. The maximuim u7plicahioc amonnt shown can he appliad under optimum soil cnnditions' White Plains, Inc. Page 5 Your- facil ty is designed For, 180 days of L-emp(i-r'ar'y storage and the temporary storage ❑ttaat be removed on the average of once every mon' tj,' . In no in -it aces should tine volumo of the was',,- be sbored n your structure he within the -215, year- 4 hour, s or--m storage or one fool; of freeboard excr :zpt i.3n tl)r- ev;.miL of i;he 25 year 24 hour Storm. I, is t1he respon- i bility of the prod>_ccer and vja- ,te applicator to enst-tre that; ;;ht-:? sp-,-eider equirjmfl nt; is operated p-roperly to apply tine corv-ect F-atezz to the acres shown in. the tables. Pailure to apply r-al;,'s ar,,:! awount': of shown in thr Call your 'ec'lhn ical you rya,„a i : e the w• -As:' ,5malysis r i-:port for --assistance in deiermiT-ti g the cZiRCiuntt Gf waste per a^re :_ind ch.-� proper applic~at=.on rake p-;-irr- to applying the waste. Page 6 @A3TE UTILIZATION PLAN AGREEMENT -Name of Farm: White Plains, Inc' Owner/Hanager Agreement I (we) understand and wiIl fuIlow and implement tha specif��a��ons anr! thn o�eration �nd maintananre procedures established in the approved animal wastle otilization plan for th:� farm nafupd ubovo. T (wp> know that any expansion to the existing design capaci-:;y of the waste treatment and storage systen or of n2w Facilities will requira a new certiFiCat.iron to be submi�te6 to he North Carolina Division of Water Ouality (NCDWQ) before the new animals are stocked. Z (we) also understand that thpre must be no discharge of animal waste from this system to the surface waters o� tho skate frcm a storo cvert leys severthe 23-y��r, 24- storm. The approved pIan wi�l be filo� on -site at t�e farm n�fic� and! xt h, uFFice r� ancr Cunserv-:A�iu� ricrd wilI be a Iab'.e f : r- r�view by 'AlCD,4p up�n re�uest, Mamp of �aci!ity �wo�r� H"�t� �ard�o n-F^te, anaO»'(I� diF f7erent frow o�n*r)� iQnatL,re: G. Gle�� (��lpaso print:) A�filiation: Pr��t�,�e Farms, Inr. P�nne910-592-4776 �ddr�ss0 'Lox 49 Cli��on �C 28��q S�.gnaku�`s� aLp: WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a'copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated. on conventionally tilled cropland.. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 8 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. . 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimdter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures' should be inspected regularly for evidence of erosion, leakage or discharge. Page: 9 WASTE UTILIZATION. PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility *is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can -be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 10 Animal Waste Management Plan Certification (Please tvDe ornrint all information that does not reouire a signature General Information: Name of Farm:_ W +t t PL d t its N U R Su Q-Y Facility No: 09 --- Owner(s) Name: e-"r jqAsteEK C"AuZ ALLX. W gkXf UXtiPhone No: Mailing Address: +— _ yju- b ELi A&M-rowel NL _.1833-1. Farm Location: County Farm is located in:, Latitude and Longitude: � zS ' 3o " / 7 t! -33 , ,Q Integrator: ?iz"-r E ' � R!2 � - Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): Ooeration Descritition: Type of Sivine No. of Animals Type of Poultry * Wean to Feeder ro.a C:_O © Layer ❑ Feeder to Finish ❑ Pullets ❑ Farrow to Wean ❑ Farrow to Feeder -. ❑ Farrow to Finish Other Type of Livestock: 1Vutrber of Animals: ❑ GiIts • Boars No. of Anima Is Acreage Available for Application: Required Acreage: Type of Cattle O Daisy O Beef Number of Lagoons / Storage Ponds: Total Capacity: Cubic Feet (0) Are subsurfa(fe drains present on the farm: YES' or, NO (please circle one) No. of Animals If YES: are subsurface drains presenE in the area of the LAGOON or SPRAY FIELD (please circle one) �aext'�$�$a?exa,'.sei,.xses�;ea'saia?es[�F?kie�jetraF��3�;L#see(c#�k�ae�k�!ei.[scix����x�F3�$�!a3Fje�ja#�Fk+lrr: #��rEaf$i.lei,�f,�ic���3rfas��$ieafiKf�ci��jc Owner ! Manager Agreement' I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the ,waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (%ve) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be,"run-off from the application of animal waste. I (we) understand that rue -off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District._ I.(we) laiow.that any modification must be approved by a technical specialist and submitted to the Soil and Water .Conservation 'District prior to implementation. A change in land ownership requires written notification to DFM or a new certification (if the approved plan is cbanaedj within 60 days of a title transfer. Name of Land Owner: g Signature: -Date: Name of Nfanager(if_different from owner): - Signature: Date: AWC -- August i, I997 I III. Certification of Installation A) Collection. Storage. Treatment Installation New. expanded or retrofitted facility (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofits, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: - L Signature: Date: B) Land Application Site (WUP) Check the appropriate box li The cropping system is in place on all land as specified in the animal waste management plan. G Conditional Approval: all required land as specified in the plan is cleared for planting; the cropping system as specified in the waste utilization plan has not been established and the owner has committed to establish the vegetation as specified in the plan by (month/day/year); the proposed cover crop is appropriate for compliance,with the wasteutilization plan. ❑ Also check this box if appropriate if the cropping system as specified in the plan can not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Name of Technical Specialist (Please Print): Q. C; SEW 4 CGkFrou Affiliation P -rc Address (Agency): P. O• 3e 4-38 C L k 4_To all N c. 28 3 Z9� Phone No. Qb_S9Z. 57 7. t _. Signature:! ,_ /'r ., i _ Date: S a e o This following signature block is only to be used when the box for conditional approval in III. B above has been checked. I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a:verification of completion from a Tecltnical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: Date: Name of Manager (if different from owner): Signature:_ _. Date•`' AWC -- August 1,1997 _-- ..4 AUG— 1 0-00 03 : 58 PM 2:52 9108627419 P.02 C) unof_ Qntrols from Exterip ,Lois {RC} Methods to minimize the run off of pollutants from lounging and hCavy use areas have been installed as specified in the plan. Forfacilities without exterior lots, no certiJteadon is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: D} a t i n (WUP or 1) Check the appropriare block - Animal waste application and bandling equipment specified in the plant is on site and ready for use; calibration and adjustment materials have been provided to the ou-ners and are contained as part of the plan. Z'p,Jt14gpT.eM �4SrlM SNS7f►4Cf5 4/95 ❑ Animal waste application and handling equipment specified In the plan has not been installed but the owner has proposed I+:asing or third party application and has provided a signed contract; equipment specified in the contract agrees «ztb the requirements of the plan; required buffers can be maintained; calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. a Conditional approval: Animal waste application and handling equipment specified in the plan has been purchased and will be on site and Installed by (monthlday/year); there is adequate storage to hold the waste until the equipment is instalIcd and until the waste can be land applied in accordance with the cropphisS systern contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plant. Name of Technical Specialist -(Please Print): G. C4-E44 Car fi7aN Affiliation_ Poe 6srn EFAA r, Address (Agency): P.O. Box 4---W Ci-W-Zo,i NC 2-232.9�_Phone No.910 9?,_S-771 Signature:—.Jd. A(..— CST-- Date: S rV o0 The following signature block is only to be used «•hen the box for conditional approval in M D above has been checked. I (we) certify that I (w•c) have committed to ptircliasc the animal waste application and handling equipment as specified in my (our) wwe rnanagemcilt plan anti will submit to DEM a Verification of delivery and Installation -from a Technical Specialist withl❑ 15 calendar days following the date specified in the conditional certificatlon. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (its) to an enforcetuent action from DE`i. _ Name of Land Owner: jl 27 h Signature: rc pate: B to oa, Nalne of Manager (if different from owncr) _ Signature: Date; E) or Control. Insect Control and Mortality Manazenient D SI, iti`UF. C o I Methods to control odors and insects as specified In the plan have been installed and are operational. The mortality management system as specified In the. Plan has also been installed and is operational. Name of Technical Specialist (Please Print): Affiliation Address (Agency): -Phone No.: Signature: Date: AWC August 1,1997 3 CAWMp We!!able Acre V20r99 W ip Te PLAINS NVRSeRy aLA-DE N Ca . STATIONARY SPRINKLER /GUN SYSTEM COMPUTATIONAL WORKSIFIEET 1. Farm Number (Identification) 2. ; Irrigation System Designation 0C3 - 131 Field Number (Identification) x Existing Irrigation System New / Expanded irrigation System Ea 3. Number of Stationary Sprinklers 3 Z. # Interior sprinklers 3 # Exterior sprinklers 4. Wetted Diameter 15 [feet] From field data sheet 5. Spacing So Sprinkler spacing along lateral [feet] 7c% Sprinkler spacing as percentage of wetted diameter 6. Sprinkler Pattern X Multiple Laterals Single Lateral Excessively spaced Sprinklers 7. Read the irrigated area per sprinkler for the given wetted diameter from the appropriate table and column based on pattern, spacing, and sprinkler location. • J 49 Acres per Interior sprinkler from Table 5 Column 9 • 17 1 Acres per Exterior sprinkler from Table 5 Column G 8. Multiply the tabulated irrigated acreage value per sprinkler by the number of sprinklers of each category in the field. Sum all of these and this is the total irrigated acreage for the field. ' 49 (a) Acres per Interior Sprinkler X 3 7- # Sprinklers = 4.74 S Acres .171 (b) Acres per Exterior Sprinkler X 3fl # Sprinklers = 6.13 Acres 9.9 Total Wettable Acre for field (Sum: 8a + 8b) Wettable Acre Computational Worksheet Completed by: G. G+zN 4 ►= Tank Date: a o0 i J.- (14. TI 7- Tl T" I t 7 r r_- T-11 F-F r 174 F r r i r - -T- I F I- -T. - I I F F — - , I - . - F �T I I AF7 s pie kL J� s __F LT 4-IFIH I I I I I I - . 11 1 1 1 - ' - L I - - - I 1,- 4. t%.TeX 145 P_ IS PoQ i Aj K Ce AMS zo r J_ KL iNK FTF TFF - r r F L 1-7 F-1-1.4 H FT 1 77J j I I I -1 L 4+ � J_� _�_ t_� I _� 1[7-7 IT HIT / . Imo+' r '''�' � lr-.Hf��'" '•,.9,.� N'A' ''•� '.L•�• ri'F� • � {��'i�� :til,f:,,, ',''" '� �t � S�JYt '� }- { Ley, g • 1, ti , 4;• s' ..'r 1-J ,r L.;ru=. . �. ' •� ,; ,++�'.V M r 1•• .',I I',' t ;f tl.''ft 4• C ✓,. 'n .. -r f + 1-.7 '�48 ''f/f 'a{r •�f14 `,t 'v' 4,} �t.. •,, �. i•. �� �' F 1 w �.�ial ,>' ! I_ � .i'1 `{ • ♦lz�ts{ •f.•� �"i' f i � �' -�r ,r KC � �,� v{T; 'y,a•`r, s C�• - ':J,'�f •t,� j' Q L"1 •�F]I �,,. " a ,��!..�./'�.,.1;'tr ♦Y ' �'� ` � '.;,� V� 1�'µ�`F' � �}.*ti, � � •r• �} ,�' ic��f.,.'Y, . 'I��Is�.:sli"'i',�F. � ,�, ' ,��, Zi''1' '� i +FL it'11'e •. 1, ` .a,..t :7 l - �f •_ ,�. ... � Y, ,t.•,,.h, �,. ,. 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"1r1 11i ' isl IM •s., i, ;•: '} R�"""•••f , r'• l '" I �,: ,S,S• ,.��,i;; ".,; d?�'r`.....' 1.,.':1� ' . ram..,.;{ir; / ' �:.;�,.s"i . .+ • c'�. i ,r'i'`I�'a;` - n� I''�I�r'r I,,�':'a �'• ,$fi.lj., }' -1,� � ,•�•'; , 9,, � � , i +� �v♦�,� J{{4q;T l fr21If 1 ,y�' Y,,I, �.�T', }'•rs,. 4 �'l '-�'L''i(' 1��Y`et{'.�Ar. ,lt• :1i ��ry,(�,, ':li, k' '/,• ;' `�.,^ 'Y .� r4i,'y;1J•e, r����a` 1�<�, `�,�jl rl Ali}j+�•#;'izl��;.{.'}, 1w�•'-� hLa'.' •\• \ �}'R'.� YyS' 1�' I�_. i�• 7;elfY �•�P! I�"s +rl,r IyJeij'H.v , a.Yvn l r,.}Yt yy lti �a i,.� ••,., ` 1 1v' f .F•t"�'1,11i.,., 'L. .. ''a,t�.F.�. •!^s ,4i �?._i', • '� .�, p �a 111 r-i'L-• PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: q - 13County: �Wpn Facility Name: hire pkfifij &rSeR Certified Operator Name: i Y)d OWni �Ier) .� j Operator # 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways, and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Name/Identifier (0): 1 Spillway (Yes or No): �C Level (inches): 2. Check all applicable items V Liquid evel is within the designed structural freeboard elevations of one or more structures. Five and ans of Action are attach,9d. Hydraulic and agronomic balances are within acceptable ranges. U per s)8'-%� "1�46" Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. Included- within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 9 I 1 I 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 Owner/Manager (print) - "9P t/ ram• Facility Owner/Manager (signature) Phone: ! _.9 17 - Date: PoA Cover Page 2/21/00 t PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Nametidentifier (ID): 1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b_ designed 25 yr./24 hr. storm & structural freeboard c. fine b - line a (inches in red zone) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallonsW 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 8.0 inches 19.0 inches 11.0 inches 48000 ft2 329120 gallons 180 days g. volume of waste produced according to structural design I44543 ft3 h. current herd # 6050 certified herd # 6060 actual waste produced = current herd # x line g = 44543 ft' certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 8/13/2018 M. ((lines e + k)/1000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) L �. 0 ft3 28000 ft3 90437 gallons 0.76 Ibs/1000 gal. 318.9 lbs. PAN I PoA (30 Day) 2/21 /00 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 1 line m = 318.9 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID. line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: 6. Structure ID: n. lines 1 +2+3+4+5+6= line m = lb PAN line m = lb PAN 318.9 lb PAN ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o_ tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Ibtacre) t TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window 4742 1 small grain overseed 5.35 100.00 535.0 Mar -Sept 4742 2 small grain overseed 4.51 100.00 451.0 Mar -Sept 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 986.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 318.9 lb. PAN x. Crop's remaining PAN balance (line v from section 111) w 986.0 lb. PAN y. Overall PAN balance (w - x) = -667 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: Will begin pumping as soon as field conditions allow. PoA (30 Day) 2/21/00 Pt.AN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 1 Facility Number: - 131 County: Facility Name:_ Certified Operator Name: aml 0"en Operator# 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways, and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways_ Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Name/Identifier (ID): Spillway (Yes or No): Level (inches): 2. Check all applicable items NO Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: Jr I 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. e�p C7- Phone: qj0 - q- jgj) Facility Owner/Manager (print) Facility er/Manager (signature) Date: 81 �_/ l 0 PoA Cover Page 2/21100 J ll. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 1 line m = 256.3 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 256.3 lb PAN 111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r_ acres s. remaining IRR 2 PAN balance (lb/acre) t TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 4742 1 bermuda 5.35 96.67 517.2 Mar -Sept 47421 2 bermuda 4.51 112.00 505.1 Mar -Sept 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1022.3 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 256.3 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1022.3 Ib. PAN y. Overall PAN balance (w - x) _ -766 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information_ If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: Will begin pumping as soon as field conditions allow. PoA (30 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES t 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1 _ Structure Name/ldentifier (ID): 1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 48000 ft2 e. line c/12 x line d x 7.48 gallonstfts 119680 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g, volume of waste produced according to structural design 44543 ft3 h. current herd # 6060 certified herd #1 6060 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I, current waste analysis dated 6/12/2018 m. ((lines e + k)/1000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 44543 f is 0 ft3 28QDQ ft3 90437 gallons 1.22 Ibs/1000 gal. 256.3 lbs. PAN PoA (30 Day) 2/21 /00 Waste Utilization Plan Producer: Matt Hardee Name of Farm: White Plains Nursery Location: 304 Westwood Dr. Elizabethtown NC 28337 Phone: 910-645-4039 Type of Operation: Wean -Feed Number of Animal: 6080 Storage Structure: Anaerobic Lagoon Method of Application: Irrigation Amount of waste produced per year: Amount of plant available N (PAN) produced/year: County: Bladen 2567 ton/year 2918 lbs./year 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. RECEDED VAR 2 5 100 1R-FAYE1TEVifi.ERCGM OWf 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 the 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 not be applied to land eroding at more 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 in runoff to the surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crops production and to reduce the potential 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 applications 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. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which White Plains Nursery Page 2 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 the crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract No. Field No. Soil Type Crop Code Yield/Ac Lbs. N unit Acres Lbs N Used Month to Apply Lbs. N Per Ac. 4742 6 ExA CB -Hay 6.5 50 9.9 3218 MAR-OCT 325 4742 6 ExA OS 1 50 9.9 495 SEP-MAY 50 Total 9.9 3713lbs. Available Nitrogen 2918 lbs. Surplus or deficit -794 lbs. 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. White Plains Nursery Page 3 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 bermudagrass), forage must be removed 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 to reach materity, especially late in the season ( i.e. April or May) Shading may result if small grain gets too high and this will definitely interfere with the 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 mowed to a height of about two inches before drilling for best results. Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur in livestock. Sampling forage or hay for nitrate levels is recommended. Acres shown in the tables are considered to be the usable acres excluding required buffers, filters 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 field 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: 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 prevent over application of nutrients or other elements. Your production facility will produce approximately 438 lbs. of plant available nitrogen per year in the sludge. If you remove sludge every 5 years you will have approximately 2189 lbs. of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 lbs. per acre you will nee 7 acres of land. If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre you will need 18 acres of land. Please be aware that these are only estmates of the PAN and the land needed. Actual requirements could vary by 25% depending on the sludge waste analysis, soil types, realistic yields_ , and application methods. APPLICATION OF WASTE BY IRRIGATION 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 not exceed the available water holding capacity White Plains Nursery Page 4 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 irrrigate the acres shown in tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract No. Field No. Soil Type Crop Code Applic. Rate(in/hr) Applic. Amount 4742 6 ExA CB -Hay 0.35 1.0 4742 6 ExA OS 0.35 1.0 White Plains Nursery Page 5 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 limitations. 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 instances should the volume of the waste be 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 responsibility of the producer and the waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates 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 have receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to appling the waste. NARRATIVE OF OPERATION Page 6 WASTE UTILIZATION PLAN AGREEMENT Name of Farm: White Plains Nursery 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 utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to the surface waters of the state from a storm event less severe than the 25-year, 24 hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner_ Matt Hardee Signature: Date: Name of Manager (If different from owner) Signature: Date: Name of Person Preparing Plan: G. Glenn Clifton Affiliation: Prestage Farms, Inc. Phone: 910-596-5749 Address: P.O. Box 438 Clinton, NC 28329 Signature: Abw, C9,t..- Date: 1 3 i a WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching_ Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly inton water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when thes metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5 ) years. 23. Dead animals will be disposed of in a manner that meets North Carolina requlations. ® Microbac Laboratories, Inc. FAYETTEVILLE DIVISION 817 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) http://www.microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUT CERTIFICATE OF ANALY CLIENT: NC DENR - DWQ ADDRESS: Wachavia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. J. Brown ACCOUNT NUMBER: #KNO03 SAMPLE ID: 1. Source - ID #OOWE21321 2. Drainage Area - ID 000WE21322 NC #11 NC #37714 USDA #3787 DATE REC'D: 02/24/00 SAMPLED: 02/24/00 SAMPLED BY: J. Brown DELIVERED BY: J. Brawn SAMPLE CODE: Waste water, Grab REFERENCE: White Plains Nursery DATA REVIEWED BY: �r DATE REPORTED: 03/15/0 aa+aaaaa+aaaa+a+aaaa+++aa++a++a+++taaaataaaaa++++aaaaa+aa+taa+a+a+ataaaaa+aa+a+aaa++++++++ ANALYSIS 2 aaaaaa+aa+++++a+aaaaaa+a++aa++aata+aaa+++a+a++a+a+a++++a+aaa++a+a+++a++taa+aaaaaataa*#+a+a BOD (mg/L) EPA 405.1 252 37.0 NITRATE (mg/L) EPA 353.3 1.46 <1.0 QYS: < = Less than > = Greater than PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the M E M 8 E R sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. P. Mmm USDA-EPA•NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research :r O Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 817 CASTLE HAYNE STREET NC #37714 din FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) http://www.microbac-com CHEMISTRY - MICROBIOLOGY - FOOD SAFETY - CONSUMER PRODUCTS WATER - AIR - WASTES - FOOD - PHARMACEUTICALS - N CERTIFICATE 4F ANAVZI CLIENT: NC DENR - DWQ ,ADDRESS; Wachovia Building, Suite 714 Fayetteville, NC 26301 :i. - ?CONTACT PERSON: Mr. J. Brown f ACCOUNT NUMBER: #KNO03 SAMPLE ID: 1. Source - ID #OOWE21321 2. Drainage Area - ID #OOWE21322 DATE REC'D: 02124/00 SR4PLED: 02/24/00 SAMPLED BY: J. Brown DELIVERED BAY:,_J. Brown_ SAMPLE CODE: Waste water, Grab REFERENCE: White Plains Nursery DATA REVIEWED BY: DATE REPORTED: 03/15/0 +}++}+++}t*+++4r -Ir+++#}+++e,1•++4+#}+++}++}}+}}}+t+++#i#+}i*++i+}+}+++#&+44+}i•d•#+1, }+4 -k AN"YSIS METHOD 2 2 BOD (mg/L) EPA 405.1 252 37.0 NITRATE (mg/L) EPA 353.3 1.46 <1.0 COMMENTS: < Less than > = Greater han PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the sample(s) analyzed and, is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purpiles without written approval from the laboratory. �y USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research M E M B E R FAYET TEVILLE DMSION 817 Castle Hsyne Stmel Fayetteville, NC 28303 Phone (910) 864-1920 Fax (910) 864-9774 CHAIN OF CUSTODY RECORD PAGE: _�_ L OF FAA I�I�IO�mB CODE: A a -WC ONLY i�0�m rM Rellnquls gnatun) Bats Time Received W. (Signature) Date me Rdln s (Si n) Dab Time Received W. (Signature) Date Time 3 4 Relinquished by. (3tgnatun) Date Time Reeervad W. (Signature) Date Time s 6 Relrquished by: (Signaturs) Data TUna (Signature) Data me 7 jRw";=My. 8 Comments or Special Hazards: 0 o�oF w A rF9QG o � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality October 1, 2004 RECEIVED Charles D./Matt/Bruce Hilton/Hardee/McCulloch OCT 15 2004 White Plains Nursery 304 Westwood Drive OW-FAYEi'1EVILLEREGIONAL OFACE Elizabethtown NC 28337 Subject: Certificate of Coverage No. AWS090131 White Plains Nursery Swine Waste Collection, Treatment, Storage and Application System Bladen County Dear Charles D./Matt/Bruce Hilton/Hardee/McCulloch: On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill 733 (Session Law 2003-28). In accordance with your application received on February 20, 2003 and in accordance with the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Charles D./Matt/Bruce Hilton/Hardee/McCulloch, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supersedes and terminates your previous COC Number AWS090131 which expires October 1, 2004. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the White Plains Nursery, located in Bladen County, with an animal capacity of no greater than an annual average of 6060 Wean to Feeder swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Since this is a revised State General Permit, it contains new requirements in addition to most of the conditions contained in the previous State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section — Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, North Carolina 27699-1638 One NorthCarolina Phone; 919-733-3221 / FAX: 919-715-0588 l Internet: h2o.enr.state.nc.us NawrallyAn Equal OpportunitylAffrmative Action Employer— 50% Recyded/t0% Post Consumer Paper If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified -in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning this COC or the General Permit, please contact Duane Leith at (919) 715-6186. Sincerely, U for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Fayetteville Regional Office, Aquifer Protection Section Bladen County Health Department Bladen County Soil and Water Conservation District Permit File AW S090131 APS Central Files OF W A TF Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources j Alan W. Klimek, P. E., Director 0 � Division of Water Quality May 1, 2003 Charles D. Hilton,Matt Hardee & Bruce McCulloch White Plains Nursery 304 Westwood Drive Elizabethtown NC 28337 Subject: Certificate of Coverage No. AWS090131 White Plains Nursery Swine Waste Collection, Treatment, Storage and Application System Bladen County Dear Charles D_ Hilton,Matt Hardee & Bruce McCulloch: On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the Division of Water Quality (Division) to extend the expiration date of the Swine Waste Operation General Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the expiration date to October 1, 2004. During the period of this extension'the Division will be working with all interested parties on the development of a new version of the Non -Discharge General Permit. In accordance with your application received on February 20, 2003 and in accordance with the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Charles D. Hilton,Matt Hardee & Bruce McCulIoch, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supersedes and terminates your previous COC Number AWS090131 which expired on April 30, 2003. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the White Plains Nursery, located in Bladen County, with an animal capacity of no greater than an annual average of 6060 Wean to Feeder swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you - are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to���te this e t co ve ro any ertri hts in either real or rsonal ro ert. i=?A Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal Opportunity Action Employer Internet httpJ/h2o.enr,state.ne.us/ndpu Telephone (919) 733-5083 Fax (919)715-6048 Telephone 1-877-623-6748 50% recycled/10% post -consumer paper Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. if you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, 1:5 for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Fayetteville Regional Office, Water Quality Section Bladen County Health Department Bladen County Soil and Water Conservation District Permit File AWS090131 NDPU Files NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capacity: Storage Structure: Storage Period: Application Method: Steve Campbell Baldwin Branch Bladen Wean -Feed solo Anaerobic Lagoon 180 days Irrigation 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. h 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. 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 th"urface 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 problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential 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. Page: 1 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 specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): 6060 animals X 222.65 gal/animal/year = AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs): 6060 animals X 0.48 Ibs/animaVyear = 1349259 gallons 2,908.80 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 twe. ii d surface aDDlication. Tract Zone Soil Type Crop Code Yield /Ac Ibs N /unit Acres Lbs N/Ac Residual Lbs N /Ac Ibs N Required Time to Ap ! 4150 1 GbA C 6.5 50.00 0.90 325.0 292.50 Mar -Oct 4150 2 GbA C 6.5 50.00 1.00 325.0 325.00 Mar -Oct 4150 3 GbA C 6.5 50.00 1.00 325.0 325.00 Mar -Oct 4150 4 GbA C 6.5 50.00 1.00 325.0 325.00 Mar -Oct 4150 5 GbA C 6.5 50.00 1.20 325.0 390.00 Mar -Oct 4150 6 GbA C 6.5 50.00 1.20 325.0 390.00 Mar -Oct 4150 7 GbA C 6.5 50.00 1.20 325.0 390.00 Mar -Oct 4150 8 GbA C 6.5 50.00 1.20 325.0 390.00 Mar -Oct 4150 9 GbA C 6.5 50.00 0.40 325.0 130.00 Mar -Oct Total l 9.10 Available N *Difference 2957.50 2908.80 -48.70 Page: 2 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. 'A negative number reflects the total Ibs 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 fisted 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 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. F •+ Tilie 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 Lbs N utilized / unit -yield A Barley 1.6 Ibs N / bushel B Hybrid Bermudagrass - Grazed 50 Ibs N / ton C Hybrid Bermudagrass - Hay 50 Ibs N / ton D Corn - Grain 1.25 Ibs N / bushel E Com - Silage 12 Ibs N / ton F Cotton 0.12 Ibs N / Ibs lint G Fescue - Grazed 50 Ibs N / ton H Fescue- Hay 50 Ibs N / ton Page: 3 Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean 1.3 Ibs N 1 bushel 2.4 Ibs N 1 bushel 50 Ibs N 1 acre 50 Ibs N 1 acre 2.5 Ibs N 1 cwt 2.4 Ibs N 1 bushel 4.0 Ibs N 1 bushel 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: 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 prevent over application of nutrients or other elements. Your production facility will produce approximately 0.072 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 2181.60 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 need 7.27 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 17.45 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 al;'plicativns: +i APPLICATION OF WASTE BY IRRIGATION: 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 not 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. Soil Application Rate Application Amount Page: 4 Tract Feld Type Crop inlhr ` inches all GbA CK 0.50 1.00 "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 xemoved 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 may overseed with small grain and irrigate from S-Apr at a rate not to exceed 50lbsNlac. Page: 5 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. Itwe 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 NCDVVQ upon request. Name of Facility Owner: Signature: Name of Manager (if different from owner): Y . F Sign'iure: Name of Technical Specialist: Affiliation: Address: Signature: f.. r: Please Sonya Johnson Barber Harvest Net, Inc. P.O. Box 32 Council, NC 28433 910 645-6758 M Date Date Date -0-� Page: 6 & j loci..._ Sv,u,uy � Nfl r � H A r- e6"P CHwlIo,ab � � r `a 5 Tim it fury 1TC PLAiN-S AAZAl ��t P(J-�rN� F-Al2.!''' -5TaQF (ruy700 O 3rAD CDU�7' ( t2=_Zop x` __ 4L�►DC+J- CQU,�.1 _-- ----- -- - - ----- -- Y ti f ELEV,- � 6 _`160 — ��. so A PR I))(' 0.99 5. 17 1p4•'1`� •� �A�E�_ _01�r viS.�aL_ pt35L�R.u�-'7"�D�,S �� .�:�� `iY-70 ID1Y�� OiJ, <o�l �4;�j �tia[1 SQ2Ur-,%4 /xvF-0� � 8 � y • �_'� _ j `�� �_a_7 -- -----fir----=r=-o P_o F i �;_E.^_ �_ GGO o.r.� . _-� ---- �- q2 €/60,�9 -t TV.E f3ERr"t �TW Polls 1pia -- ___ __._•- �--r-w ....�. __._-._. ... _....__.......-._..___ _ ._ _ _.. psi 1l (41�&at)A) LS%JC-L- ?_.I 6D.. __ _--_-- ---�N��--�U'� ��JL.14r/ /!4R �.U�TI�`V------E—.—_—.---- •4tF AT A USJ� 5 lZ� rt� ,�r1oN�- �c�v�T�OA-�_-- SHOT C�. .. 16E SO4,1 a r► 2/-E�2 °`� 1S s.og )oo. c vn c,�, 1 bD. 2Z S.a0 00, . -1 ff P P171.11,11"ilo, ®*k ,#A[tS*ftftQ* 1: 75 fA Prrl; Stvlo Black Help welCarre GlIest USrrS47r]16i 3, EPPp" 7j Information Parcels r [ Maden Tax Card PIN: 123600642475 Ownerld: 7503725 Name1: WHITE PLAINS NURSERY LLC Name2: OwnerAddre: 304 WESTWOOD DR %MATT HARDEE y OwnerCity: ELIZABETHTOWN OwnerState: NC OwnerZig: 28337 ' DateSold: 0 PlatBook: 6-23 PlatPage: DeedYear: 2001 DeedBook: 480 M „ DeedPage: 447 DeedAcres: 26 SalesAmoun: 0 TaxableVal: 0 FLOOD: OUT ZONING: C PhysStreet: 123 6 -00-64-2475 P hysic a lSt: 12 3 6 -00- 64- 24 7 5 LandASVCur: 31350 lmoroyeASV: 426660 White Plains Farm, Bladen Counts on 06fOIfG9 Low point on lagoon iite Plains Farm, Bladen Count,v on 06.fGlfO9 r 4' jyp f . < - _ _ ' { � �� � � ter• ` . 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Iw: r " N a• LLr•+Cw�"': rS7 S� "'. q} ,, �' I} , i i:, al,�i• .h, ' �, 4 K. i[ jL f 7 ., .. '4 51 'Ir t -[ ,'.i '•IN ' , I �k,� i,ffis �il�'I,�i'i `,r ll,iw :i� (dAai I,'•y.r k 1 + it .Irl + { ,J t r°s. ' • ,rL,,,�+ I'I 1 uII, 1 ' ,,rram� ..('� I'' I - .k'`;,�y;li�' + chirp, NI,{ I AV I I ..t , 5'.�� J'1! 'ijil* I. 3 (� .r ,� . Mlih� � i ;;•t.. tF i•w... '', ��.. [': JI' -. 1G°4e1 -a. � � i �, � II .. (,� !w "r11411✓)I a!" I` � I r l� wl, �� •[ d li r „ I ;r,.rl� r rr- ��+� r r4 � f i _ ��� °"� , I i} x�Ji l•,Il ,Jj! �'IE �� I IIF ul�l+l( qi'{al I' »d7 � +!I{� h t .. I - s'i �, - - . !! 71.E '� �i{ f� � , A ..aj € , _ ;i'ri.. _ .'d °""'qu-�^� ...n-,r..w,:r•+. �_1 P l:•,i n !t �_ .w 1 ,� 14q. 1 S I y Station: WHIT - Border Belt Tobacco Res Stn Date of first observation: May 25, 1984 Station type: ECONET - Tower City, State: Whiteville, NC County: Columbus County Latitude: 34.41347° Longitude:-78.7923' Elevation: 89 feet above sea level Climate division: NC06 - Southern Coastal Plain River basin: Waccamaw Supported by: NC Agricultural Research Service This page is created dynamically and should not be bookmarked. Instead, bookmark the page preceeding this. Retrieving daily data from Border Belt Tobacco Res Stn for past 7 day(s) 7 records found for this time period (100% data available) If you need more historical data from a larger period of record, please contact us for assistance 1H Dateffime of ob Daily Precipitation at 1 in (in) 05/25/2009 0.07* 05/26/2009 0.59* 05/27/2009 0.15* 05/28/2009 0.42* 05/29/2009 0.82* 05/30/2009 0* 05/31/2009 0* Quality Control flags that may appear above " 7 Not yet quality checked R 0 Possible range failure B 0 Possible buddy check failure N 0 Data point differs from NCDC data set E 0 Extracted/Augmented from NCDC Surface Airways Data A 0 Augmented from old AgNet files M Recovered from the Bulletin Board System from 1978-1992 P 0 Precipitation Estimate from RADAR Q Value from NCDC's Quality -Controlled LCD C Value from NCDC's Unedited LCD NC CRONOS Database version 2.7.2 Query script last modified Mar 31, 2009 17:35:22 Page expelled in 0.357 secs. Station: 3127_32 - Elizabethtown 3 SW Date of first observation: December 1, 1910 Station type: COOP - TP City, State: Elizabethtown, NC County: Bladen County Latitude: 34.60444444444440 Longitude:-78,6480555555556° Elevation: 103 feet above sea level Climate division: NC06 - Southern Coastal Plain River basin: Lower Cape Fear Supported by: NOAA National Weather Service This page is created dynamically and should not be bookmarked. Instead, bookmark the page preceeding this. Retrieving daily data from Elizabethtown 3 SW for past 7 day(s) 7 records found for this time period (100.% data available) If you need more historical data from a larger period of record, please contact us for assistance oU Date/Tirne of ob Daily Precipitation at 2m (in) 05/25/2009 Oft° 05/26/2009 0.35R11 05/27/2009 0.35RO 05/28/2009 ORO 05/29/2009 1.44RO 05/30/2009 1.78RO 05/31 /2009 ORO Quality Control flags that may appear above A Accumulated amount since last measurement B Accumulated amount includes estimated values (since last measurement) E= Estimated J Value has been manually validated M Missing S Included in a subsequent value T Trace { Expert system edited value, not validated Expert system approved edited value F Final ACIS P Preliminary ACIS R Raw ACIS # Precipitation estimated by RADAR by the State Climate Office of NC 0 Valid data element 1 Valid data element (from unknown source, pre-1982) 2 Invalid data element (subsequent value replaces original value) 3 Invalid data element (no replacement value follows) 4 Validity unknown (not checked) 0 L) D Y YLR) 7-1, 44 L; ooc A I rs PCAIAJS Mm P,.A'2r3gfZ.- FLADE-I-) CC)UAJTX &UY VLF-V w E -roP o o W" 4-r Y8 Top Sys TC)P OF TOP of f"1&� T5F-7- n ).A(rco ViRo ST) ck f i I DD. T4 1117.1 / 8 = A 3 C,,-Ar-g°1 y I q 5556 Braxton Road Hope Mitts NC 28348 DEN6 -e yr + EEV LLE REGIO1VAL0fflCE Tea Steve Guyton at DWQ-FR0 Fromm: Kathy Dugan Faye: 910-486-0707 Pages: 4 Phmw 910-433-3300 Date: 6/1/2009 RM 5 Day POA for Whits Plains CC: :5Te-' `', TO 39bd NOD Aaa3a-nt19 ZTZZEZp016 9E:5T 600Z/T0/99 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (10): bite Plains 9.131 2_ Current liquid volume in structural freeboard a. current liquid level according to marker 11.0 inches b, designed structural freeboard zone 12.0 inches (Normally 12 Inches or greater) c. line b - line a (inches within structural freeboard) _ 1.0 inches d, top of dike surface area according to design (area at below structural freeboard elevation) 48000 it2 e. line c/12 x line d x 7,48 gallons/U 29920 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 1 Bo days g. volume of waste produced according to structural design 44543 3 h. current herd # 4000 certified herd #1 6060 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design i. excess rainfall over evaporation according to design k. (lines h + i + i) x 7.48 x 5 day0ine f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k 29401 ft3 3 28000ft3 11927 gallons 41847 gallons REPEAT SECTION i FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2121100 Z9 39Cd N09 AdH38I3b9 Z1Z7,EZb0t6 9E:91 60aZ/10/90 p. TOTAL VOLUME OF WASTE STOREY WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1_ structure ID: White Plains 9-131 tine 1- 41847 gallons 2. structure ID: 3. structure ID: 4. structure ID: 5. structure ID: 6, structure 10, n.lines 1+2f3}4t54.6Y o, line n 127154 line 1 -2 �gailons line I = gallons line I = --.gallons line 1= gallons line I =gallons 1847 gallops 1 acre4r+ahes III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 PAY DRAW DOWN PEFtIOD1,2 1While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate #or receiving crop according to its certified waste plan. 2l=ields with no remaining PAN balance, no receiving crop, andlor completely saturated are not considered available to receive waste. .� R - •I 6.06 acres X. tow acres available during 5 day draw dawn (sum of ca[urpn 0^� PoA (5 Day) 2121100 CO 39vj NOD--- isIZZ€Z��T6 9£:�I E9�ZJI0r�rc, IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE Y. line o = 0.25 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate now hydraulic load based on new information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g_ Is there water standing in field; does irrigation equipment mar down in field; "trafficability' across soils; will soils absorb application without runoff, etc.) _ using solid set irrigation equipment, soils will be able to absorb the 1.54 acre inches. 2. Date and amount of last rainfall event? DATE: 05/25109 AMOUNT: 0.05 inches 3. Dates of last waste application event per field: 04/03/09 1 A 04/03/09 B 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal (i.e, winter) application rates within 5 days? es 5. Irrigation schedule for next 5 days - include daily schedule, proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet proposed changes in application rates and amounts; and any other information for consideration. Normal irrigation on fields A and B—this will reduce the lagoon level by the needed 41847 gallons in PoA (5 Day) 2/21I00 VO 39Gd ND9 AH139_FlVg ZTZZ6Zb0Z6 9E:SL 600Z/Z0/90 0N05/2009 11:54 9104232212 GALLSERRY CON PAGE 01 5558 Braxton Road Hope Mills NC 28348 To: Steve Guymn From: Kathy Barker Fam 910-48&0707 Pages: 3 Phan 910-433-3300 Date: 8/5/2009 Re: 30 day POA for White Plains CC: Steve, Fortunately, While Plains did not get much rain last night The lagoon will probably be out of the red before Monday. Also, Wildwood is out of the red at 21 inches. I don't think I "put ft in writing" last Friday, but Mitchell was back in compliance for the east lagoon ( the west lagoon has been OK). I told you on the phone and had also told Ricky on Thursday morning, May 28, 2009_ 9I19- W-,Ufa 0N5I2009 11:54 9104232212 6ALLBERRY CON PAGE 02 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): White Plains 9-131 2. Current liquid volume in 25 yr,124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0inches c. fine b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 48000 e. line c/12 x line d x 7.48 gallons/ft3 2 8�gaIlpns 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g, volume of waste produced according to structural design 44543 3 h. current herd # 4000 certified herd # 8060 actual waste produced = current herd # x line g = certified herd # I. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daysAine f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 05/18/09 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121/00 29401 ft3 0 ft3 28000 3 71560 gallons 1.50Ibs/1000 gal. 162.2 tbs. PAN ' -0 0512009 11:54 9104232212 GALLBERRY CON PAGE 03 II_ TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure White Plains line m = 152.2 2_ Structure line m = 3. Structure line m = 4. Structure line m a S. Structure line m = 6. Structure line m = n.lines 1+2+3+4+5+6= 152.2 Ili. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING, 30 DAY DRAT PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 31 o. tract # p. field # q. crop Ir. acres s. rarnalning ERR-2 PAN balance Ob/acm) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s 4742 A BERMUDAGRASS 2.29 222.00 508.4 4742 B BERMUDAGRASS 3.77 222.00 836.9 1 State Current crop ending application date or next crop application beginntng ciate for avallab receiving crops during 30 day draw down period. v. Total PAN available for all fields (sure of column t) = 1345.3 IV. FACILITY`S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 152.2 x. Crop's remaining PAN balance (line v from section III) = 1345.3 y_ Overall PAN balance (w x) = -1193 PoA (30 Day) 2121100 Wetter nesourres ENVIRCNMEN;AL QUALITY RECEIVED DEQ/DWR JUL 2 5 2016 WQROS FAYETfEVILLE REGIONAL OFFICE July 22, 2016 Ryan Matthew Coleman Double R Farms 7346 White Plains Church Road Clarkton, NC 28433 Dear Ryan Matthew Coleman: PAT MCCRORY jov�"OY DONALD R. VAN DER VAART S:cr�rary S. JAY ZIMMERMAN Subject: Certificate of Coverage No. AWS090131 Double R Farms Swine Waste Collection, Treatment, Storage and Application System Bladen County Director In accordance with your Notification of Change of Ownership received July 18, 2016, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Ryan Matthew Coleman, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for Double R Farms, located in Bladen County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: 6060 Farrow to Wean: Gilts: Farrow to Finish. Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sow_ s may be replaced by gilts at a rate of 4 gilts for every 3 sows. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS090131 dated October 1, 2014. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC'and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pay careful attention to the record kegRing and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. State of North Carolina I Environmental Quality I Water Resources 1636 Mail service Center I Raleigh, North Carolina 27699.1636 919 807 6464 The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real of ' personal property. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition I1.22 of the General Permit, waste applicaiion shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Wilmington, NC National Weather Service office at (910) 762-4289, or by visiting their website at: hgp://www.weather.Rov/ilm/ This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff may be reached at 910-433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, `off I a Lor S. Jay Zimmerman, P.G. Director, Division of Water Resources Enclosure (General Permit AWG 100000) cc: (Certificate of Coverage only for all ccs) Fayetteville Regional Office, Water Quality Regional Operations Section Bladen County Health Department Bladen County Soil and Water Conservation District WQROS Central Files (Permit No. AWS090131) Prestage Farms Inc r PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1, Structure Name/identifier (ID): Fhite Plains 9-131 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard C. line b - line a (inches in red zone) d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/ft3 3_ Projected volume of waste liquid produced during draw down period 17.D inches 19.0 inches 2.0 inches 48000 f 59840 gallons f. temporary storage period according to structural design 1$D days g. volume of waste produced according to structural design 44543 f t 3 h. current herd # 6060 certified herd #1 6060 actual waste produced = current herd # x line g = 44W ft3 certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 dayMine f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 08/28/15 m_ ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21100 0 3 28000 3 �90437gallons 0 1.31 Ibs11000 gal. 196.9 Ibs_ PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure White Plains line rn = 196.9 lb PAN 2. Structure line m = lb PAN 3. Structure line m = lb PAN 4. Structure line rn = lb PAN 5. Structure line m = lb PAN 6. Structure line rn = lb PAN n.lines I+2+3+4+5+6= 196.9lbPAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p- field # q. crop r. acres s. remaining 1RR-2 PAN balance (Iblacre) L TOTAL PAN BALANCE FOR FIELD jibs.) column r x s u. application MndGwl 4742 A Small grain overseed 2.29 50.00 114.5 SEP-MAY 4742 B Small grain overseed 2.29 50.00 114.5 SEP-MAY 1')Tate current crop enaing application date or next crop application beginning date Tor available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 229.0 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 196.91b. PAN x. Crop's remaining PAN balance (line v from section 111) = 229,0 lb. PAN y. Overall PAN balance (w - x) _ -32 Ib. PAN t r] PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): JVVhite Plains 9-131 2- Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a- current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d: top of dike surface area according to design (area at below structural freeboard elevation) 48000 ft2 e. line c/12 x line d x 7.48 gallons/ft3 29920 gallons 3. Projected volume of waste liquid produced during draw down period f- temporary storage period according to structural design 1 180 days g. volume of waste produced according to structural design I 44543 ft3 h. current herd # 6060 certified herd #1 6060 actual waste produced = current herd # x line g = 44543 ft3 certified herd # i- volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4- Total PAN to be land applied during draw down period 1. current waste analysis dated 08/28/15 M. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 28000 3 900437 gallons 1.31 Ibs/1400 gal. 157.7 lbs. PAN RONALD T) ,%IJTP\Y CITY O1~ DUMN PO BOX 1065 DUNN, NC 28335 or f 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure White Plains line m = 157.7 lb PAN 2. Structure line M = lb PAN 3. Structure line m = lb PAN 4_ Structure line m = lb PAN 5. Structure line m = lb PAN 1 6_ Structure line m = lb PAN n.lines 1+2+3+4+5+6= 157.7lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. a_ tract # p. field # q. crop r. acres s. remaining t TOTAL PAN u. applicaEion window) IRR-2 PAN BALANCE FOR balance (Iblacre) FIELD (Ibs.) column r xs 4742 ABERMUDAGRASS 2.29 95.00 217.6 Mar -Oct 1 6tate current crop enaing application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 217.6 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 157.7 lb. PAN x. Crop's remaining PAN balance (line v from section 111) = 217.6 ib_ PAN y. Overall PAN balance (w - x) = -60 Ib. PAN PoA (30 Day) 2/21100 0,4rZ3r--i2- -X' (-A /Ad -S. AA Al s- .rews 6-0y7a'o 'Rof--, 3L,4D C- Ljr=LL IFS E L e V., m , 01. r7 )oo.-74 5-.)3 IOD. GOO S-, 42 /1)0,49 .4 AT Ainopek /pm )3 -00 101, L4 )00, to I I / t, 5 m 9-1,31 Lo,+ kit PLAW-S SO e;- .. ... ...... . . ...... AP PFX C))( 0. 99 I/A o 0 X.; I>o.lo T. AJ77ONE ELF -VA IOA P'Ce- 0 Q,4 S 3(o f Db-5:5' Sr30 D 0. a D I I V %or% P—, r+ %I w F � W~ r f p� SvRu6y t,ATT-- (.i I IOg QO�' YI* •'#��:I'{�5 � r, +i .2� .r �{ '.&,pd{y�,�, 'wii�y�'�t ^+S r�.:,� L ll1} } h I�'" .; ,r{r'ndi" '�` 7J f" i`c� I � ! f;...0 �„-1. '� / • tjw.P.' � h 1���� s •� i��'�v.� du •IJF� t � � . 1�yt+!�£'� J,` "�« � rjr�'.L.�f �.�;'7" I J{,1'y,�p• ry+ ,' � „�,r^. t ��L�. {: t �• F � F�µ -1"f � ' � ' ' ;� � %V d .141� �', h '[i- �} rrylyy ( r.,rti Y� k r �' ��'� �. , V �} d"'� .. • r+r � '� 'ir'�if�lii� �1� � , � �p��. �"� t 9• � 1�s�j` �1 _ ,r�pVp �'. 7'4 �Y�y T y���'fl. r*�� �� ��i' A ,;�' i�'e`��"W.'+,9`"'� '' •� ' {d� A�r!f • / 1 • f i Y aiij n 1 �. e t � 'Y T 1 :�L9 _. � YMr� .41; t t.1 f iq ..• 4 } r kih v1 �'G�T'ri" �1- •71 _:- •i a 3' 1 1 � J �� Y'r•���1��, ,",,kr'f��� !��+-� � �r, yJ.r a Y t r f 44 1{1 ��s� Y ytt>�'�,�'a^ti � i ? j • �"ti x�_<°��i*; Y(�`' 1 'y � i � �� 1 yyl a rt h nL ; {49 . 7i � t Yr-.r�1,, r �� �_ K��}'ZAr• sF ita,wti i�'. ff1 / 14 , ��- tf. � t n f r ,< er' �i� �� ;i" �v"t it "t r • . 1 �.,_kli'��t.`'�i ._. :3:�+ ..�,ti�.:.R`�r s,n,.�.'�.ty � :��r~•7 +�� °�Ti�i�a���u•`.: � t / / _ . 1 A. i On q"N 16 ln� gy 4g ji 'a ;p "AY a4 C y�f' �, ''•1'�1.. �,:- ,�'t- .y r ry. �J' }„�i 'g1�� }r d\, ��• * - ..� .• ., ; ' � t+� . S',�� ter.", r d.- a♦ sue,., assh. u� der +a����a�':}'S�m 7: { `r'� ,r --., off`, P � i f4,• a'sF��^[� f f .+''' At jr,F f}F.' i1 ! f .sihr�. cif}a aij: 'kEa r 44 �' f M K a, j,�,}l���� � +�;r�� � .,, ;fie f ; , �, ''v� ,• � �, tt `` WrriF• Sp 3 re . . ... 41, Write Plains Farm, Bladen County on M09109. L r+ F oN Lei :lO d 4 f, �o d01 no xLd r -r dog uI 9 3M -115ro Ja 3SVIO (m_o'pol -410 �Q ,r,a n-9 gNa- v) � Qb')$ { ✓Ilir� ,L 7JJLIt(� w r� g ,7..6 Srrr{�7� �.(itr<r4 Q i kl (I-f' .1 . -f chant? � ] 160 �Ti„nr:}�-, r t, i - � WJSSa['i�i�AtiRii 5#S.�\:Y :Y_xa.^�a: �*7r.'�f�L�r..aivr _ S� -T a,...»C, .r... _-�e .L ta.�. �.Y. •,. r IF 'j, ui� Id t�� :�Re rdf,a�r".:;v3i• � �H Anl. � J. 4 ;`�i��°Ni bl- - 17 z L ur a Jreeboard reference. same elevation as berm UP ki -PAO - 46 --idlevel at 1 Oam on 6009 s 15.7 5" 7: W z W�, ..«�3��. _. �e...5.. atDl� 00 L- 7 � 2- PLAN OF ACTION(PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. 09-131 County: Bladen Facility Name: White Plains !Nursery Certified Operator Name: Matt Hardee Operator Number: 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: Lagoon 1 Spillway(Y or N): No Level(inches): 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day. Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWO prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates for depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: as field and weather conditions permit _ I 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. D Phone: " Val, U r/Manageer (print) aA-Date: rlManager (signature) e PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): 1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 45444 le 6. line c/12 x line d x 7.48 gallons/W 56654 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 44543 ft3 h. current herd # 6080 certified herd #1 6080 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 3/1912012 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 44543 ft' 0 ft3 28000 ft3 90437 gallons 3.00 Ibs11000 gal. 441.3 lbs. PAN PoA (30 Day) 2/21100 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 1 line m = 441.3 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN B. Structure ID: line m = lb PAN n.lines '1+2+3+4+5+5= 441.3lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR t. TOTAL PAN u. application window' 2 PAN balance BALANCE FOR (lb/acre) FIELD fibs.) column r x s 4742 6 Bermuda Hay 9.90 3218.00 31858.2 March -Oct im owte cuiivin crop enuing appucauon gate or next crop appncatlon Deglnning gate for avauaoie receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 31858.2 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 441.3 lb. PAN (30 Day) 2/21100 x. Crop's remaining PAN balance (line v from section Ill) = 31858.2 lb. PAN y. Overall PAN balance (w - x) _ -31417 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. k (30 Day) 2/21/00 NCDAACS Agronomic Division Phone: (919)733-2655 Web site: www.neagr.gov/agronomi/ Report: W06048 Grower Hardee, Matt (Charles) Copies to: c/o White Plains Nursery 304 Westwood Dr. I ' `1` ,1- • A Rellort Elizabethtown, NC 283377098 -�Waste \\, nalysis Fann 09131 Received: 03/19/2012 Completed: 0312612012 Links to Helpful Information Bladen County Sample Information Laboratory Results (parts per million unless otherwise noted) Sample 1D: N P X Ca S Fe ,ifn Zn Cu B MO Cl C Total 708 74.9 101$ 148 29.8 59.4 7.02 0.54 18.3 6.48 1.60 WP 1N-N Waste Code: -NH4 Na Ni Cd Pb Al Se 11 p11 SS C.N DAf% CCb% ALE( ak) ALS -NO3 244 7.6 Description: OR-N Swine Lagwn Li . Urea Recommendations: Nutrients Available for First Crop lbs/1000 gallons Other Elements lbs11000 allows Applwalim meavd N P205 K20 Ca Mg S Fe Mn Zn Cu B MO Cl Na Ni Cd P6 At Se Li irrigation 3.0 1.0 8.1 0.86 0.17 0.35 0.04 T 0.12 0.04 0.01 2.0 North Carolina 101XI(LO Iris! ILind (_<<11111011�011 Reprogramming of the laboratory -information -management system that makes this report possible Is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services 10 manage nutrients and safeguard environmental quality. - Steve Troxler, Commissioner of Agriculture zayettevllle Divislon 2592 Hcpe Mills Road -=ayett®ville, N-- 28.308 (910) 664-i920 CHAIN OF CUSTODY RECORD] 0111111111111111 � 13 UENTNAMFLADDRESS: G �% v. / Fax PROJECT I LOCATION. O >J, TYPE OF ANALYSIS PRESERVATION (CODE) i` �•� � CODE: A=gore B = HND3 (pH<2) + <6'C C = H?SO4 (pH<2) + <8'C D = NaOH + <5'C C = zN Acetate + <6'C = HCI G = Sodium Thio ]CONTACT PERSON.' -F PH0Ne = —U % 3 1 U 1 I S AMP' BY: GATE IMMD. OFSKIPMENT; LAB I��# I SAMPLE TYRE GATE TIMa COMP DRAB PH FLOW TEMP RES' CHLORINE SULFIDE - O G 1iy b it r• " z; ,� r r �fr !/� 2 J l{ F ,' I i I I I " Lab 1nma(s—* Turnaround time: REGULAR RUSH. ellr"gwehed by: 291: /{( % Tlmc Keealve v: (Slpmlvre{ help f Tlme T Ingu xlud y tYiFe Tlma Rece ve b S pnelural Dale T 27, nQuuhad by: Cola Tlme Received by: S gnalure) Dale Time 5 8 ph Field: ph Flold: Temp Field Temp Field 2: Water Level #9 Water Level #2 Comments or Special Hazards: * - � Oct wo IS DATA FOR. REG. COMPLIANCE PURPOSE? NO YES WHICH: Page 2 of 2 t �VMICROBAC' Fayetteville Division Certificate of Analysis NC DEN W - DWQ (Aquifer Prot) Date Reported: 08/30/17 Mr. Steve Guyton Project: Ground wafer samples - 9-131 Double R. Farm Date Received: 08118/ 17 225 Green Street, i*714 Date Sampled: 08/18/17 Fayeneviile NC, 28301 Sampled By: Guyton Sample from leaving field, grab K7H0913-01 Analyze Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Ammonia as N 1.21 mg/1- 08/21/17 08:40 DSK/E SM 4500 NH3 C-1997 1301) 39.1 mg/L 08/19/17 15:30 ELM SM 5210 B-2011 Coliform, Fecal 100 per 100 mL 08/18/17 16:57 TAB SM 9222 D-1997 Downstream sample, grab K7H0913-02 Analvie Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Ammonia as N <0.100 BOD 27.5 Coliform, Fecal 7000 mg/L 08/21/17 08:40 DSK/E mg/L 08/19/17 15:30 ELM per 100 mL 08/18/17 16:57 TAB SM 4500 NH3 C-1997 SM 5210 B-2011 SM 9222 D-1997 QC Batch Run - (Alicrobuc Laborolaries, Inc- - Fu),erreville) Analyze Result Units Source RPD Limit Ammonia as N ND mg/L K7H0789 20 BOD 309 mg/L K7H0885 2 20 Ammonia as N ND mg/L K7H0913 20 State Certifications: Respectfully Submitted NCD,\R :;II NCDOIf 4377t4 Jeanne Overstreet, Project Manager Thank you for your business. We invire your)-eedhuc6 on our level efservice ro you. Please ronluct the Division Manager, Rob Dermer at 910-864-1920 with am• questions. luu mar also contact J. Trrwr Byre, Pmudenr a! presldrel(d.mirruhac.corrr Microbac Laboratories, Inc. Page 1 of -7-71 2592 Hope Mills Road I Fayetteville, NC 28306 1910.864.1920 p 1910.864.8774 f I www-microbac.com dlnqulahad hr: Cale Tlma Recalvys (Slpnthv�1 Dal Time 1,71K l V 2 ( �'� r LWk nqu ■ Tlm,f Rem va 5 pniturej Dila 'I� 7 T` a nqv she r: Data Tlme Rete ve ay; $ ynilurel Dale a 5 8 ph Flu Id: ph Field: Temp Fleici 1: Temp Fl»Id 2: Water Level #1 Water Level #2 Fayetteville Division 2592 Hope Mills Road Fayetteville, NC 2R306 (910) 854-1920 CHAIN OF CUSTODY RECORD i�uiiuwau�111a Ct 13 USK NAME &ADD RtSS: /t��� �rz� /�r�. ,77 v:I r POO PROJECT ILOCATSON: lL3 �m�. t ✓ p m � TYPE OF ANALYSIS PRESERVATION (CODE) i; J r Y Ali ``� i � I � CODE: A = None B = HNO3 (pH<2) + <6°C C = H2SO4 (pH<2) + <6°C D = NeOH + <6"C E = ZN Acetate + --6'C F = HCI G a Sodium Thlo COkTACTPER94H: ✓ vim � uc/%Y� a�L� PHONE: 7l o— j zr 3 —J / � AMPAMPLM eY: DATE I MEI' = of SHIPMENT: LAB to # SAMPLE TYPE DATE TIME COMP ORAS PH FLOW TEMF'C RES. CHLOFURE SULFIDE o L, rZ- s 4 ®r- Lan InJt1Bl5-* Turnaround alms: REGULAR RUS Comments or Special Hazards: ,, 1A4 a+ too <� IS DATA FOR REG. COMPLIANCE PURPOSE? NO YES WHICH: i Page 2 oT 2 1 RECEIVED DEQ/DWR NOV 0 7 2017 WQROS Water Resources FAYETTEVILLE REGIONAL. OFFICE Enviramteaw Quality October 31, 2017 Charming R. and David R. Gooden White Plains Nursery 955 Dewitt Gooden Road Elizabethtown, NC 28337 Dear Channing R. and David R. Gooden: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Certificate of Coverage No. AWS090131 White Plains Nursery Swine Waste Collection, Treatment, Storage and Application System Bladen County In accordance with your Notification of Change of Ownership received October 31, 2017, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Charming R. and David R. Gooden, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000_ This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for White Plains Nursery, located in Bladen County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: 6060 Farrow to Wean: Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS090131 dated July 22, 2016. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pay careful attention to the record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record kegPing forms. State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAW T may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition H.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Wilmington, NC National Weather Service office at (910) 7624289, or by visiting their website at: hgp://www.weather.p-ov/ilm/ This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff may be reached at 910433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, 04"kD_ v , bjt��- Lor S. Jay Zimmerman, P.G. Director, Division of Water Resources Enclosure (General Permit AWG 100000) cc: (Certificate of Coverage only for all ccs) Fayetteville Regional Office, Water Quality Regional Operations Section Bladen County Health Department Bladen County Soil and Water Conservation District WQROS Central Files (Permit No. AWS090131) Prestage Farms Inc North Carolina Department of Environment and Natural Resources , 0 ; Division of Water Quality.w��.■■,,��� Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 9, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Charles Hilton 304 Westwood Drive Elizabethtown, NC 28337 SUBJECT_: NOTICE OF DEFICIENCY White Plains Nursery Facility No. b9 -131 Permit No. AWS090131 Bladen County Dear Mr. Hilton: On June 15, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an annual inspection of the White Plains Nursery in Bladen County. The inspection revealed that the farm had removed or destroyed the crop (coastal bermuda) in anticipation of resprigging. The Division of Water Quality requests that the following items be addressed: Immediately reWrig the required crop as soon as weather permits in order to lower the lagoon to a safe level. Your response should be received by this office on or before August 8.2001. 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#rom taking enforoement actions for this violation for any pastor future violations. Furthermore, the Division of Water Quality -has the authority -to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contactme at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist RFH/bh cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren - Bladen County NRCS Glen Clifton - Prestage Farms 225 GREEN STREET — SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910)486-1541 PAX (910) 486-0707 www,ENR,STATE.NC.US/ENit/ AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER — 5001a RECYCLED/10% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 O� W A rF Michael F. Easley, Governor William G. Ross Jr., Secretary co y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director 0 Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED Mr. Charles Hilton 304 Westwood Drive Elizabethtown, NC 28337 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency White Plains Nursery Facility Number 09-131 Bladen County Dear Mr. Hilton: 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. Wd also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. racb Customer Service: !Hailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier#52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity ! Affirmative Action Employer 50% recycled 1 10% post -consumer paper httpJ/h2o.enr.state.nc.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. Sincerely, aul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-131 Non -Discharge Compliance and Enforcement Unit Central Files Ilk,¢ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 22, 2000 Matt Hardee P.O. Box 189 Elizabethtown, NC 28337 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 090131 White Plains Nursery Facility No. 09 - 131 Bladen County Dear Mr. Hardee: 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 February 24, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the White Plains Nursery swine facility in Bladen County. It was observed that the facility was irrigating and wastewater was ponding and observed leaving the spray field. Wastewater flowed into a drainage area and entered a wooded area adjacent to the spray field,- It was recommended to Alan Gooden, a Prestage employee, to have farm personnel block the point in which wastewater was leaving the spray field and reclaim the wastewater within the wooded area. Wastewater was not observed entering surface waters at the time of the site visit. General Permit condition 11.4 states that "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.". The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why the runoff from the application field occurred. 225 riREEN STREET, SUITE 714 / SYSTEL HLO• FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER .L Page 2 White Plains Nursery March 22, 2000 2. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff of wastewater. 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. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. Please notify this office in writing on or before April 14, 2000 at the letterhead as to the actions taken or proposed to be taken to resolve these violations. 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. a aui L. 1\a VY la Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Glenn Clifton - Prestage Farms NORTH CAROLINA DEPARTMENT OF .ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 22, 2000 Matt Hardee P.O. Box 189 Elizabethtown, NC 28337 SUBJECT: NOTICE OF VIOLATION Permit No. AWS 090131 White Plains Nursery Facility No. 09 - 131 Bladen County Dear Mr. Hardee: 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 February 24, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the White Plains Nursery swine facility in Bladen County. It was observed that the facility was irrigating and wastewater was ponding and observed leaving the spray field. Wastewater flowed into a drainage area and entered a wooded area adjacent to the spray field. It was recommended to Alan Gooden, a Prestage employee, to have farm personnel block the point in which wastewater was leaving the spray field and reclaim the wastewater within the wooded area. Wastewater was not observed entering surface waters at the time of the site visit. General Permit condition 11.4 states that "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.". The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why the runoff from the application field occurred. TfT5r' A,.ra[4. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 20301-5043 PHONE 910-466-1541 FAX 910-496-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 White Plains Nursery March 22, 2000 2. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff of wastewater. 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. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. Please notify this office in writing on or before April 14, 2000 at the letterhead as to the actions taken or proposed to be taken to resolve these violations. 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. 1 uuz L. 1\OW lJ Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Glenn Clifton - Prestage Farms f�>.:�^�s�;.�ry:act::�1:�'9t�=�`.F"`�.,'r��✓�h.l;ii�,i,,Fi� �.�;..s:3i+ar'�-/e,+,+c�-A.�jes!sn:�,:�+.,}�.tx'r`:.�Frac"�Yr6'•+ayc�S:-�:.a.R�,.tiiT�lt3.r.:`1.�`�e,+.�,.�,^„�.�.;,,�.c,�-^'„=T 10 Routine 0 Complaint 0 Follow-up of DWtinspection 0 Follow-up of DSWC review 0 Other 1.�.,•. 1Facilit'y,,Numlier Date of Inspection _a •.po Time of Inspection i'J., V52A hr. (hh:mm) QPermitted 'it ted Certified Q Conditionally Certified ©Registered 113 Not Operational Date Last Operated; ,,,,,,,,,,,,_,,,,,_„_,,, Farm Name: ................. W!!.L.I•_.... jclrk,1V..s ....../..' ..li County:..-........-....-.1l T�fr1Z" ..... r.... ....................... fir[L '' .............. / f / Owner Name: L-.!Irk...17[.11•�e�1�1K`Phone No: �I11 ��aZ........36................. I ............. .- Facility Contact: ............... ...Title. Phone No ................... Mailing Address:....... ....................... �'T. ....... lf[..1.. ..................... ..._......... (L� ..::7!� ....................... ..............`� -U e:, i �?............Onsite RepresentativPa Certified Operator lvocnilqrj....... f A73" i..wIler.4..... Operator Certification Number•, .. Location of Farm: qV Latitude �•�_ �•� Longitude �•��° "Design Curirent Design `Current- Design: Current Srae Via. ac Po-. itlation Poultry Ca aci Po ulation Cattle Ca ac�ty Po ulaton Wean to Feeder 06c) ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer JE1 Non -Dairy c ❑ Farrow to Wean ElFarrow to Feeder ❑Other ❑ Farrow to Finish ❑ Gilts Total Design Capacity = �deQ o ❑ Boars Total SSL-W:'= Nui_nber of Lagoons ;, ❑ Subsurface Drains Present 110 Lagoon Area TO Spray Field Area Holdhq Ponds / SolisZOOS, g� ❑ No Liquid Waste Management System Discharges & Stream 1nipacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? El Yes El No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (Il'yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ 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 XYes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard Onches): t� - ........................... . 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No 3f23/99 seepage, etc.) Continued on back �^r- "c- �'�--vyz+a•fi+r✓�'Z;..."��:5%:rrarV. ,A* •-,.,.,s Facility Number: — Date of Inspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (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 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 Yes ❑ No 12. Crop type 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 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General 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 compli' ianc 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 'oves-applic�, ion) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discs reviev3Tnspcction 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 �Vo yioiaiions or deficiencies rare it+ ted diWing this'visit.' • Y:oi� wiii-reeeiye ©; urtho ; corres• orideike' a*bO' U' f this visit:.: .. .. : • . • • : • • .. • . • . * ...... .. . Eommenis {refer toquestion #} 'Explin aiiy_;YES answers and/or any_iecomu�endahons oriany other comments _ ar s Use drawn gs of facility to�better_explain sitnaiians (use Wdittonal pages as necessary) _ � , S V"S IZI c ick -Al lj�aAAI� o { c was rys40MIJ /srle vKA l csi v �(-- VMS o f rum/.Q �Ru, - A& s !� an oAr� 6,4 w�IS nd d s> , rL' . - �j UC en 'rr, n $u,�-(4 i ��c 7,5 ctT Ae 4,;w;,e o Pam.//� -�i ! Sr -t'e J 15i4, YJ Iq s rcc o m m l7 �i� f rt5 t c PrM c ,v, e r5o n n -� � { e v r. Y , qn 1 ctoI i, sv.a f- D Vr P I �`I r f r�+51� ►R'�rfd�J- � r ld a n ?� rrA Ae wq �-� ,,, r Lr- : �r k 4 t° c �r.1. S ,� p Wire lKwJ4,_-, Reviewer/Inspector Name -{,_ / Reviewer/Inspector Signature: Date: .2 — ad Ll—go, TE 7& 0� W a r�RQ� �? r 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 4. P ► �` '- CERTIFIED MAIL i RETURN RECEIPT REQUESTED 2 3 2003 Charles D. Hilton, Matt Hardee & Bruce McCulloch 304 Westwood Drive -J Elizabethtown NC 28337 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard White Plains Nursery #9-131 Bladen County Dear Sir or Madam: On March 21, 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 September 12, 2000. 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 WWI NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 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 Affirmative Action Employer 50% recycled / 10% post -consumer paper ht1pY1h2o.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 (910) 486-1541. Sincerely, XAan W. Klimek, P. . Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files w �f Beverly Eaves Perdue Governor AN .MjA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director June 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee 304 Westwood Dr. Elizabethtown, North Carolina 28337-0535 Subject: - NOTICE OF VIOLATION/ NOV-2009-PC-0574 Administrative Code 1 5A NCAC 2H .0217 White Plains Nursery Facility No. 097131 Bladen County Permit No. AWS090131 Dear Mr. Hardee: Dee Freeman Secretary 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. Violation 1: Failure to maintain waste levels in your waste structure in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWS090131 Section V2) On May 28, 2009 your farm manager reported to FRO that your facility's lagoon was out of compliance. Farm manager was not sure of the correct reading of the marker. On May 29, 2009 a waste structure liquid level was documented at 8 inches of freeboard at your lagoon by FRO DWQ. A level of 19 inches is the maximum level allowed by your permit. A structure evaluation was done on June 1, AQUIFER PROTECTION SECTION 225 Green St, Ste. 714 Fayetteville, North Carolina 28301 One Phone: 910-433-33001 FAX: 510-486-07071 Customer Service: 1-877-623-6748 NOr tbCarolina Internet: www.h26.enr.state.nc.us (//■V/ �1 atmrally An Equal Opportunely 1 Afiirrnalive Action EEnployer of Mr. Hardee June 10. 2009 Page 2 2009 to detennine if marker was correct. It was documented that the marker was 3 to 4 inches lower than the lowest point on the berm. June 9. 2009 a second evaluation was done when the first cross bar was exposed. The top of marker was 3.75 inches lower than lowest point on berm. An aluminum yard stick was attached by Matt Hardee to show the correct level of the lagoon 11.75. Required Corrective Action for Violation 1: I. Continue to follow the proposed actions outlined in your flan of Action (POA) dated June 1, 2009 and received in the Fayetteville Regional Office on .June 2, 2009. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V2.) of your permit. 2. .Tune 15, 2009 a routine compliance inspection was done, review of your records showed above average rain fall for April, May and June. No over seed of Bermuda field and no pumping during the fall of 2008 and winter of 2009 contributed to this event. Take advantage of all pumping windows when the weather permits. Take advantage of the additional S in draw down below stop pump mark during June 15 through October 31. 3. Have Farm Manager read lagoon marker themselves, do not copy what the Service person records. 4. Repair irrigation equipment as noted on your June 15, 2009 inspection. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before August 15, 2009 unless another time frame is indicated below: On June 1. 2009 the lagoon level was surveyed at 11.75 inches after some irrigation. Please have the OIC for this farm include an explanation as to how the lagoon level was raised 9 inches in one week. (The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four 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 this General Permit.) 2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. t Mr. Hardee June 30, 2009 Page 3 • If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton Environmental Specialist or myself at (910) 433-3300 SB/tab cc: FRO APS files APS Central Files Danny Edwards — SWC FRO Prestige Farms Sincerely. Stephen A. Banihardt k'9'14,egional Aquifer Protection Supervisor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary May 22, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Hardee 304 Westwood Dr. Elizabethtown, North Carolina 28337 Subject: NOTICE OF DEFICIENCY, NOD_-20_12-PC-0027 Administrative Code 15A NCAC 2T .1304 White Plains Nursery, No. 09-131, Permit No. AWS090131 Bladen County Incident no. 201200678 Dear Mr. Hardee: On April 4, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Matt Hardee of a high freeboard level in the lagoon 1. We wish to thank Mr. Hardee for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG100000. On April 4, 2012 a lagoon/storage pond level was documented at 17.00 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. Suite 714, 225 Green Street Fayetteville, North Carolina 28301 Phone: 910-433-3300 4 FAX: 910-486-07071 Customer Service: 1-877-623-0748 Internet: www.ncwateruuality orq One NorthCarolina An Equal appartunify l Affirmative Action Employer ;Vaturallff Mr. Hardee May 22, 2012 Page 2 A compliance inspection was done May 8, 2012 and all records were reviewed and the date and time lagoon ]was returned to compliance on April 8, 2012. If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, xvx�z-- Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick CAFO Unit Prestage Farms/ Glenn Clifton FRO 1 AP files DIVISION OF WATERRESOURCES ANIMAL OPERATIONS ENFORCEMENT CASE`°REPORT Violator: Mr. Ryan Matthew Coleman Farm Name: Double R Farms Contact Person: Ryan Matthew Coleman: -, Address: 7346 White Plains.Church Road Facility #: AWS09013I : Receiving Stream: Shipman Branch Classification: Class C, Sw Regional Office: Fayetteville Inspector: Steve Guyton Report Prepared By: Steve Guyton Date: January 26. 2018 Case Narrative: k On August 17, 2017, Division of Water Resources received notification from a member of the public via phone concerning the waste level in the Double ) Farnis•lagoon as being out of compliance. On August 18, 2017 DWR Staff' contacted Mr. Coleman advising him staff would like to visit his farm. Mr. Coalman was asked if there were issues at the farm, Arid he"stated he had an issue with his lagoon and spray field but did not give details. Mr. Coalman stated it would be several hours before he would be, available, but the gate was open. It was documented that the lagoon level was eight inches. and waste was ponded in the spray field. Waste was observed flowing from _the spray field into Shipman branch. Water samples were taken at both locations. Mr. Coleman had not maintained his spray fields during the time he owned the farm. An ongoing issue with this farm as noted in previous inspections prior to Mr. Coalman purchasing the farm is the irrigation system is not operating as designed.. Failure of the system has caused waste to pond around the spray heads because the pressure is not sufficient, for proper operation. Mr. Coalman stated he was unable to control the lagoon level because of the spray equipment was faulty. Because of the irrigation system deficiencies, Prestage Farms was contacted to'help with a pump and haul of the waste water to lower the lagoon level below the structural freeboard.bWR performed follow-up visits on August 19, 21, 24 and 25, 2017 to monitor the removal of the waste from the lagoon. On August 28, 2017, DWR staff performed the annual routine inspection of the Double R Farm. DWR Staff documented that Mr. Coleman could not provide any records for the perio0e owned the farm. DWR Staff issued NOV-2017-1)V-0230 with 18 violations. Mr. Coleman has since sold the farm. On October 31, 2017, a new Certificate of Coverage was issued to Channing R. Gooden and David R. Gooden. Farm and/or Companv Compliance History:: No Farm compliance history during the period Mr. Coleman owned the farm. i Violator's degree of cooperation includin k efforts to prevent or restore recalcitrance: i Mr. Coleman made the statement that he didn't have money to make the necessary repairs or pump and haul any waste from the lagoon to return it to compliance. Mr. Coalman also stated he was going to sell the farm. Mr. Coalman was very seldom around during any site visits by DWR Staff. When he was available, he seemed,to have no concern for the situation the farm was in. Mr. Coleman's brother did come and try to remove the weeds from the spray field, and he facilitated the sale of the farm. Prestage Farms, his integrator took over,the pump and haul of waste from the lagoon to a lagoon owned by Prestage Farms. They provided the five-day Plan of Action and the thirty -day POA. They depopulated the farm to prevent additional waste from entering the lagoon. Fish kill observed? Y/N If yes, include report from WRC: No fish kill was observed. Mitip_atinp_ Circumstances: The irrigation system not working as designed. This was an issue with the previous owners also. DWR Staff has sited this several times on previous inspections. Mr. Coleman stated he was not made aware of this prior to his purchase'. ' Recommendation: The Fayetteville Regional Office is recommending assessment of civil penalties pursuant to G.S. 143-215.6A. Assessment Factors required to be considered by G.S. 14313-282.1(b): The decree and extent of harm to the natural resources of the State. to the nublic health, or to private property resulting from violation: About the cited violation, no harm to the Natural resources of the State was observed. to the public health, or to private property wasidocumented. The duration and gravity of the violation: The precise duration of the violation is unknown, but based on the lack of records and the attitude of Mr. Coleman, it could have been the entire time he owned the farm. If DWR had not been contacted, or a heayyrainfall event had accrued the lagoon could have overtopped. The effect on ground or surface water quantity or quality: The effect on groundwater quality was h6t'measured. Visual and analytical evidence confirmed that wastewater was discharged from tl e;spfdy. field. The downstream water sample taken indicated nutrient, BOD, and fecal colifbrmievefs above the normal range. The cost of rectifying the damage: This factor cannot be determined because no data exists to establish the presence or extent of damages. The amount of money saved by noncompliance:::.'_ Unknown. } t Whether the violation was committed willfully or in a ionally: It is DWR staff opinion based on physical evidence and conversations with Mr. Coleman he was not concerned with the lagoon level or spray field conditions. He was given names of people that could give him technical assistance to help with an. isaies he had when he first purchased the farm. Mr. Coleman made no effort to contact.DWRatatffor guidance or make us aware of any issues he had. It is DWR staff opinion the violations were committed willfully. The prior record of the violator in complyinzor failing to comply with programs over which the Environmental Management Commission has regulatory authority: No record of violations prior to this event for the -period of time Mr. Coleman owned this farm. i Summary of Enforcement Cost: The cost to the State of the enforcement procedures: Staff, Guyton 10 hours @ 34.39/hr. t s; Staff, Dunlap 3 hours @ $2799 /hr. " Supervisor, Allen 1 hours @ $45.68/hr. Certified Mail 1 @ 6.56 Samples-Microbac Central Office Administrative Cost Mileage-1 trip. total I 1 1 mica $0.39 Total $ 343.90 $ 83.97 $ 45.68 $ 6.56 $ 210.00 $ 100.00 $ 43.29 $ 833.40 � MICROBAC' Fayetteville Division Certificate of Analysis NC DSNW - DWQ (Aquifer Prot) Date Reported: 08/30/17 %,It. Sieve Guyton Project. Ground water samples - 9-131 Double IL Farm Date Received: 08/1 V17 225 Green Street, 4714 Date Sampled: 08/18/17 Fayetteville NC, 28301 Sampled By: Guyton Sample from leaving field, grab K7110913-01 I Anaicte Result Units Analyzed Anah•zed 13v Method_ Qualifier� Analyzed by: Microbac Laboratories, Inc. - Fayetteville - Ammonia as N L21 mg/L 08/21/17 0840 DSK/E: 5M 4500 NJ B C-1997 BUD 39.1 mg/L 08/19/17 15:30 ELM SM 5210 B-201 1 Colil4m. Fecal 100 per 100 mL 08/18/17 16757 TAB SM 9222 D-1997 Downstream sample, grab K 7H0913-02 Analvtc Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Ammonia as N <0.100 mg/L 08/21/17 08:40 DSK/17- SM 4500 NH3 C-1997 BOD 27.5 mg/L 08/19/17 15:30 ELM SM 5210 B-2011 Coliform, Fecal 7000 per 100 mL 08/18/17 16:57 TAB SM 9222 D-1997 QC Batch Run - (31icrobac ruburularies, Inc. - Fayelreville) Analvte Result Units Source RPD Limit Ammonia as N ND mg/L K7H0789 20 BOD 309 mg/1- K7H0885 2 20 Ammonia -as N ND mg/1- K7110913 20 SIatc Certifications NCDNR #I1 Nt: DOI t #37714 Respectfully Submitted C_Y.2�ZlLX� C�}C�1 Jeanne 0%erstree1. Project Manager Thank you for your business. We im ere t mu• JeedhvcAu" our lrrel uj ,wrN,e m you Yleuse cunrUe r ncc Oivme;n Alanager, ltoh Uermer w 91 U-NGJ-192G 1, ith um yuc+lwwm lirrur Nq)[r, 1'n�rJc�a �r �rra iJenr•a!nncrxihuc nm Microbac Laboratories, Inc. Page 1 of 2 2592 Hope Mills Road I Fayetteville, NC 28306 1910.864.1920 p 1 910.864.8774 f I www.microbac.com Water Resources Environmental Quality Violator: Farm Name: Contact Person: Address: Facility #: Receiving Stream: Classification: Regional Office: Inspector: Report Prepared By Date: Case Narrative: February 19, 2018 DIVISION OF WATER RESOURCES ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Mr. Ryan Matthew Coleman Double R Farms Ryan Matthew Coleman 7346 White Plains Church Road AWS090131 Shipman Branch Class C, Sw Fayetteville Steve Guyton Steve Guyton January 26, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On August 17, 2017, Division of Water Resources received notification from a member of the public via phone concerning the waste level in the Double R Farms lagoon as being out of compliance. On August 18, 2017 DWR Staff contacted Mr. Coleman advising him staff would like to visit his farm. Mr. Coalman was asked if there were issues at the farm, and he stated he had an issue with his lagoon and spray field but did not give details. Mr. Coalman stated it would be several hours before he would be available, but the gate was open. It was documented that the lagoon level was eight inches, and waste was ponded in the spray field. Waste was observed flowing from the spray field into Shipman branch. Water samples were taken at both locations. Mr. Coleman had not maintained his spray fields during the time he owned the farm. --"-'-Nothing Compares:. State of North Carolina I Environmental Quality 1611 Mail Service Center i Raleigh, North Carolina 27699-1611 919-707.9000 An ongoing issue with this farm as noted in previous inspections prior to Mr. Coalman purchasing the farm is the irrigation system was not operating as designed. Failure of the system has caused waste to pond around the spray heads because the pressure is not sufficient for proper operation. Mr. Coalman stated he was unable to control the lagoon level because of the spray equipment was faulty. Because of the irrigation system deficiencies, Prestage Farms was contacted to help with a pump and haul of the waste water to lower the lagoon level below the structural freeboard. DWR performed follow-up visits on August 19, 21, 24 and 25, 2017 to monitor the removal of the waste from the lagoon. On August 28, 2017, DWR staff performed the annual routine inspection of the Double R Farm. DWR Staff documented that Mr. Coleman could not provide any records for the period he owned the farm. DWR Staff issued NOV-2017-DV-0230 with 18 violations. Mr. Coleman has since sold the farm. On October 31, 2017, a new Certificate of Coverage was issued to Channing R. Gooden and David R. Gooden. Farm and/or Company Compliance History: No Farm compliance history during the period Mr. Coleman owned the farm. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Mr. Coleman made the statement that he didn't have money to make the necessary repairs or pump and haul any waste from the lagoon to return it to compliance. Mr. Coalman also stated he was going to sell the farm. Mr. Coalman was very seldom around during any site visits by DWR Staff. When he was available, he seemed to have no concern for the situation the farm was in. Mr. Coleman's brother did come and try to remove the weeds from the spray field, and he facilitated the sale of the farm. Prestage Farms, the integrator, took over the pump and haul of waste from the lagoon to a lagoon owned by Prestage Farms. They provided the five-day Plan of Action and the thirty -day POA. They depopulated the farm to prevent additional waste from entering the lagoon. Fish kill observed? Y/N If yes, include report from WRC: No fish kill was observed. Mitigating Circumstances: The irrigation system was not working as designed. This was an issue with the previous owners also. DWR Staff has sited this several times on previous inspections. Mr. Coleman stated he was not made aware of this prior to his purchase. Recommendation: The Fayetteville Regional Office is recommending assessment of civil penalties pursuant to G.S. 143-215.6A. Assessment Factors required to be considered by G.S. 143B-282.1(b): The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from violation: About the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private property was documented. The duration and jtravitV of the violation: The precise duration of the violation is unknown, but based on the lack of records and the attitude of Mr. Coleman, it could have been the entire time he owned the farm. If DWR had not been contacted, or a heavy rainfall event had accrued the lagoon could have overtopped. The effect on ground or surface water guantity or Quality: The effect on groundwater quality was not measured. Visual and analytical evidence confirmed that wastewater was discharged from the spray field. The downstream water sample taken indicated nutrient, BOD, and fecal coliform levels above the normal range. The cost of rectifying the damage: This factor cannot be determined because no data exists to establish the presence or extent of damages. The amount of mon2j saved by noncompliance - Unknown. Whether the violation was committed willfully or intentionally: It is DWR staff opinion based on physical evidence and conversations with Mr. Coleman he was not concerned with the lagoon level or spray field conditions. He was given names of people that could give him technical assistance to help with any issues he had when he first purchased the farm. Mr. Coleman made no effort to contact DWR staff for guidance or make us aware of any issues he had. It is DWR staff opinion the violations were committed willfully. Mr. Coleman failed to respond to the NOVINOI issued on September 22, 2017 and received on September 25, 2017. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regglatory authority: No record of violations prior to this event for the period of time Mr. Coleman owned this farm. Summary of Enforcement Cost: The cost to the State of the enforcement procedures: Staff, Guyton Staff, Dunlap Supervisor, Allen Certified Mail Samples-Microbac 10 hours @ 34.39/hr. 3 hours @ $27.99 /hr. 1 hours @ $45.68/hr. 1 @ 6.56 Central Office Administrative Cost Mileage-1 trip, total 111 mi@ $0.39 $ 343.90 $ 83.97 $ 45.68 $ 6.56 $ 210.00 $ 100.00 $ 43.29 Total $ 833.40 S ROY COOPER Governor MICHAEL S. REGAN Water Resources Secretary Environmental Quality T TNTl A rT TT PPIMP 2 STATE OF NORTH CAROLINA NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF RYAN MATTHEW COLEMAN DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV-2018-0001 FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the Division of Water Resources (DWR), make the following: FINDINGS OF FACT: A. Ryan Matthew Coleman owned and operated Double R Farm, a swine operation located along 7680 Burney Ford Road in Bladen County. B. Ryan Matthew Coleman was issued Certificate of Coverage AWS090131 under General Permit AWG 100000 for Double R Farms on July 22, 2016 effective October 1, 2014, with an expiration date of September 30, 2019. This permit does not allow the discharge of waste to waters of the State. C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of the following activities unless the person has received a permit from the Commission and has complied with all the conditions set forth in the permit: made any outlets into the waters of the State.". Nothing Compares.` State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 90-707-9000 D. Condition No. L I General Permit AWG 100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyances, direct application and direct discharge or through ditches not otherwise classified as State waters." E. Condition No. 1. 2 General Permit AWG 100000 does not allow the Permittee to cause a violation of any of the water quality standards established pursuant to Title 15A, Subchapter 2B of the N C Administrative Code and Title 15A, Subchapter 2L of the N C Administrative Code. F. Condition IIL13a of the General Permit AWG 100000, The permitee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. G. Condition V 2 of the General Permit AWG 100000, failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. H. Condition III Be of the General Permit AWG 100000, failure to notify Division of Water Resources (DWR) of inadequate freeboard in the lagoon within 24 hours of first knowledge in accordance with your permit. Condition III 13f of the General Permit AWG 100000, failure to notify DWR within 24 hours of a failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/ storage pond design). J. Condition 11113 failure to file a written report to the appropriate Division Regional Office within two (2) calendar days following first knowledge of the occurrence of the waste level in a lagoon/storage pond is found to be within the designed structural freeboard. K. Condition II.1 of the General Permit AWG 100000 "the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." L. Condition II 2 of the General Permit AWG 100000 a vegetative cover shall be maintained as specified in the facility's CAWMP. No waste shall be applied upon areas where the crop is insufficient for nutrient utilization as specified in the facility's CAWMP. M. Condition II 5 of the General Permit AWG 100000 in no case, shall land application rates result in excessive ponding or any runoff during any given application events. N. Condition I1 17 of the General Permit AWG 100000 Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. O. Condition II 26 of the General Permit AWG 100000 Failure to remove crops and properly managed and utilized for which animal waste is land applied in accordance with your CAWMP. P. Condition III 2a of the General Permit AWG 100000 Failure to monitor or record weekly on forms supplied by or approved by the Division the lagoon waste level gauge and to maintain the waste level gauge. Q. Condition 1I1 4 of the General Permit AWG 100000 Failure to provide documentation of Soil Fertility Analysis, for each field receiving animal waste in accordance with G.S. 143-215.1 OC (e) (6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. R. Condition II1 5 of the General Permit AWG 100000 Failure to provide documentation of an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. S. Condition 1II 6 of the General Permit AWG 100000 Failure to record all irrigation and Iand application events including hydraulic loading rates, nutrient loading rates and cropping information. T. Condition lIl S of the General Permit AWG 100000 Failure to provide documentation of monthly stocking records for the facility and make the records available to the Department. U. Condition III 11 of the General Permit AWG 100000 Failure to provide a copy of your General Permit, the facility's COC, certification forms, lessee and landowner agreements, CAWMP shall be maintained by the permittee in chronological and legible form for three (3) years. These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc..) where animal waste management activities are being conducted. V. Condition II1 15 of the General Permit AWG 100000 Failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface water or wetlands. W. On August 17, 2017, Division of Water Resources received notification from a member of the public via phone concerning the level of Double R Farms lagoon. On August 18, 2017 DWR Staff contacted Mr. Coleman advising him staff would like to visit his farm. Mr. Coalman was asked if he had any issues at the farm, and he stated he had an issue with his lagoon and spray field but did not give details. Mr. Coalman stated it would be several hours before he would be available to come to the farm, but the gate was open. It was documented that the lagoon level was at eight inches, and waste was ponded in the spray field. Water was observed flowing from the spray field into Shipman branch that flows under the farm path. Shipman branch appeared to contain animal waste. Water samples were taken of both locations. Mr. Coleman had not maintained his spray fields during the time he owned the farm. The irrigation system is not operating as designed. This has been an ongoing issue with this farm prior to Mr. Coalman purchasing the farm. Failure of the irrigation system has caused waste to pond around the spray heads because.the pressure is not sufficient for proper operation. Mr. Coalman stated he was unable to control the lagoon level because of the spray equipment was faulty. Prestage Farms was contacted to help with the pump and haul of the waste water to lower the lagoon level below of the structural freeboard. DWR did follow-up visit on August 19, 21, 24 and 25, 2017 to monitor the removal of the waste water from the lagoon. On August 28, 2017, DWR staff conducted the routine inspection for Double R Farm. DWR Staff documented that Mr. Coleman could not provide any records for the period he owned the farm. DWR staff issued a NOV-2017-DV- 0230 with 18 violations. Mr. Coleman has since sold the farm. On October 31, 2017, a new Certificate of Coverage was issued to Channing R. Gooden and David R. Gooden. X. Ryan Matthew Coleman had no valid permit for the above -described activity. Y. On September 22, 2017, the Division issued a Notice of Violation (NOV/NOI) with intent to enforce through the civil penalty assessment process to Ryan Matthew Coleman identifying violations of N.C.G.S. 143-215.1 and Permit No. AWS090131 the violations include the unlawful discharge of wastes to waters of the State. Z. The NOV was sent by certified mail, return receipt requested and received on September 25,2017. AA.. The cost to the State of the enforcement procedures in this matter totaled $ 833.40. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Ryan Matthew Coleman is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Shipman Branch constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. A permit for an animal waste management system is required by N.C.G.S. 143- 215.1. D. On August 17, 2017 Division of Water Resources received notification from a member of the public via phone concerning the level of Double R Farms lagoon, they stated it was high. On August 18, 2017 DWR Staff contacted Mr. Coleman advising him Staff would like to visit his farm, Mr_ Coalman was asked if he had any problems and he stated he had issue with his lagoon and spray field but did not give details. Mr. Coalman stated it would be several hours before he could come to the farm but the gate was open. and to come on and do what we needed to do. It was documented that the lagoon was at eight inches and waste was ponded in the spray field. Water was observed flowing from the spray field and Shipman branch that flows under the farm path looked like it contained waste. Water samples were taken of both locations, the water flowing from the field was below water standards but the water in Shipman branch was above standards. The irrigation system is not operating as designed, this has been an ongoing issue with this farm prior to Mr. Coalman purchasing the farm. Failure of the system has caused waste to pond around the spray heads because the pressure is not sufficient for proper operation. Mr. Coalman stated he was unable to control the lagoon level because of the spray equipment was faulty. Prestage Farms was contacted to help with the pump and haul of the waste to lower the lagoon out of the structural freeboard. DWR did follow-up visit on August 19, 21, 24 and 25, 2017 to monitor the removal of the waste from the lagoon. On August 28, 2017 DWR Staff did the routine inspection for Double R Farm. DWR Staff documented that Mr. Coleman could not provide any records for the period he owned the farm. DWR Staff issued a NOV-2017-DV-0230 with 18 violations. Mr. Coleman had not maintained his spray fields during the time he owned the farm. Mr. Coleman has sold the farm, on October 31, 2017 a new Certificate of Coverage was issued to Channing R. Gooden and David R. Gooden. E. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. F. The above cited discharge violates Condition No. I.I of the General Permit AWG 100000 requiring that no animal waste be discharged to surface waters and /or wetlands of the state. G. The above cited discharge violates Condition No. 1.2 of the General Permit AWG 100000 does not allow the Permittee to cause a violation of any of the water quality standards established pursuant to Title 15A, Subchapter 2B of the N C Administrative Code and Title 15A, Subchapter 2L of the N C Administrative Code. H. The above cited failure to report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands violated condition 1II.13a of the General Permit AWG 100000. 1. The above cited failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan violates Condition V 2 of the General Permit AWG 100000. J. The above cited failure to notify Division of Water Resources (DWR) of inadequate freeboard in the lagoon within 24 hours of first knowledge in accordance with your permit violates Condition III Be of the General Permit AWG 100000. K. The above cited failure to notify DWR within 24 hours of a failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (I2) inches from top of dam or as specified in lagoon/ storage pond design) violates Condition III 13f of the General Permit AWG 100000. L. The above cited failure to file a written report to the appropriate Division Regional Office within two (2) calendar days following first knowledge of the occurrence of the waste level in a lagoon/storage pond is found to be within the designed structural freeboard violates Condition III 13 of the General Permit AWG 100000, M. The above cited failure to properly operate and maintain at all times "the collection, treatment, and storage facilities, and the land application equipment and fields" violates Condition II 1 of the General Permit AWG 100000. N. The above cited failure to maintain a vegetative cover as specified in the facility's CAWMP. No waste shall be applied upon areas where the crop is insufficient for nutrient utilization as specified in the facility's CAWMP violates Condition II 2 of the General Permit AWG 100000. O. The above cited failure to apply waste at rates that did not result in excessive ponding or any runoff during any given application events violates Condition II 5 of the General Permit AWG 100000. P. The above cited failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. This violates Condition II 17 of the General Permit AWG 100000. Q. The above cited failure to remove crops and properly managed and utilized for which animal waste is land applied in accordance with your CAWMP. This violates Condition I126 of the General Permit AWG 100000. R. The above cited failure to monitor or record weekly on forms supplied by or approved by the Division the lagoon waste level gauge and to maintain the waste level gauge. This violates Condition III 2a of the General Permit AWG 100000. S. The above cited failure to provide documentation of Soil Fertility Analysis, for each field receiving animal waste in accordance with G.S. 143-215.10C (e) (6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. This violates Condition III 4 of the General Permit AWG 100000. T. The above cited failure to provide documentation of an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. This violates Condition II1 5 of the General Permit AWG 100000. U. The above cited failure to record all irrigation and land application events including hydraulic loading rates, nutrient loading rates and cropping information. This violates Condition 1116 of the General Permit AWG 100000 V. The above cited failure to provide documentation of monthly stocking records for the facility and make the records available to the Department. This violates Condition Ill 8 of the General Permit AWG 100000. W. The above cited failure to provide a copy of your General Permit, the facility's COC, certification forms, lessee and landowner agreements, CAWMP shall be maintained by the permittee in chronological and legible form for three (3) years. These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc..) where animal waste management activities are being conducted. This violates Condition III 11 of the General Permit AWG 100000. X. The above cited failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface water or wetlands. This violates Condition I11 15 of the General Permit AWG 100000. Y. Ryan Matthew Coleman 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 twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. Z. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. AA. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water 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: $ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 and in violation of Condition I.1 and I.2 of the General Permit AWG 100000. $ for violation of Condition II1.13a of the General Permit AWG 100000 by failing to report to the Division of Water Resources the failure of any component of the Animal Waste Management System resulting in a discharge. $ for violation of Condition V 2 of the General Permit AWG 100000 by failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. $ for violation of Condition III 13e of the General Permit AWG 100000 by failure to notify Division of Water Resources (DWR) of inadequate freeboard in the lagoon within 24 hours of first knowledge in accordance with your permit. $ for violation of Condition III 13f of the General Permit AWG 100000 by failure to notify DWR within 24 hours of a failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/ storage pond design). $ for violation of Condition II1 13 of the General Permit AWG 100000 by failure to file a written report to the appropriate Division Regional Office within two (2) calendar days following first knowledge of the occurrence of the waste level in a lagoon/storage pond is found to be within the designed structural freeboard. $ for violating of Condition II.1 of the General Permit AWG 100000 by failure to properly maintain the collection, treatment and storage facilities and the land application equipment and fields". for violation of Condition 1I 2 of the General Permit AWG 100000 by failure to maintain a vegetative cover as specified in the facility's CAWMP. No waste shall be applied upon areas where the crop is insufficient for nutrient utilization as specified in the facility's CAWMP. $ for violation of Condition II 5 of the General Permit AWG 100000 by failure to apply waste at rates that did not result in excessive ponding or any runoff during any given application events. for violation of Condition II 17 of the General Permit AWG 100000 by failure of the Operator in Charge (01C) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. $ for violation of Condition II 26 of the General Permit AWG 100000 by failure to remove crops and properly managed and utilized for which animal waste is land applied in accordance with your CAWMP. $ for violation of Condition III 2a of the General Permit AWG 100000 by failure to monitor or record weekly on forms supplied by or approved by the Division the lagoon waste level gauge and to maintain the waste level gauge. $ for violation of Condition III 4 of the General Permit AWG 100000 by failure to provide documentation of Soil Fertility Analysis, for each field receiving animal waste in accordance with G.S. 143-215.1OC (e) (6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. for violation of Condition III 5 of the General Permit AWG 100000 by failure to provide documentation of an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. $ for violation of Condition III 6 of the General Permit AWG 100000 by failure to record all irrigation and land application events including hydraulic loading rates, nutrient Ioading rates and cropping information_ $ for violation of Condition 1118 of the General Permit AWG 100000 by failure to provide documentation of monthly stocking records for the facility and make the records available to the Department. $ for violation of Condition III I 1 of the General Permit AWG 100000 failure to provide a copy of your General Permit, the facility's COC, certification forms, lessee and landowner agreements, CAWMP shall be maintained by the permittee in chronological and legible form for three (3) years. These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc..) where animal waste management activities are being conducted. for violation of Condition I11 15 of the General Permit AWG 100000 by failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) $ 833.40 hours after it is determined that the discharge has reached the surface water or wetlands. TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. Investigation costs assessed $ TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at 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; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Franklin Lindsay in accordance with N.C.G.S. 143-215.6(A)(d). (Date) Jon Risgaard Animal Feeding Operations & Groundwater Protection Division of Water Resources USPS.com® - USPS Tracking® Results Page 1 of 4 USPS Tracking® Track Another Package + FAOs >(httpJ/faq.usps.comnarticleld=220900) Tracking Number: 70093410000168311691 Remove X Your item was delivered to an individual at the address at 3:52 pm on September 25, 2017 in DILLON, SC 29536. 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September 25, 2017, 9:25 am In Transit to Next Facility On its way to DILLON, SC 29536 September 24, 2017, 9:25 am In Transit to Next Facility On its way to DILLON, SC 29536 How can I help you? https://tools.usps.com/go/TrackConfirmAction?tLabels=70093410000168311691 2/19/2018 USPS.com® - USPS Tracking® Results Page 2 of 4 September 23, 2017, 11:25 pm Departed USPS Regional Facility COLUMBIA SC PROCESSING CENTER September 23, 2017, 10:54 am Arrived at USPS Regional Facility COLUMBIA SC PROCESSING CENTER September 23, 2017, 2:06 am Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER September 22, 2017, 11:16 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) v How can I help you? https://tools. usps.com/gofFrackConfirmAction?tLabels=7009341000016831 1691 2/ 19/2018 USPS.coM*) - USPS "]'racking® Results Page I of" 3 USPS Tracking Track Another Package + FAQs > (http://faq.usps.com/?articleld=220900) Tracking Number: 70093410000168311691 Remove X Your item was delivered to an individual at the address at 3:52 pm on September 25, 2017 in DILLON, SC 29536. I GV Delivered September 25, 2017 at 3:52 pm Delivered, Left with Individual DILLON, SC 29536 Tracking History u Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) MA How can I help you? https:lltools.usps.com/gofi-rackCoiifirmAction?tl..abc ls=7009+3410-0001+6831+1691 2/19/2018 (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at vaww.uS13SXOmry OFFICIAL PS'rorm 3M. August 20f38 c�� So& Reverse for Iq StrUGf10115 01/1Z/10 14::1�3�:r^Z9 724-934-5893 NC DENW - DWQ (Aquifer Prot) Mr. Joel Shields 225 Green Street, 9714 Fayetteville, NC 28301 -> 9104868707 Beth Hahn Page 002 Statement Date: 1/12/2018 Account Number: KN022 Towns NET:30 I tETURN THIS STATEMENT WITH YOUR PAYMENT TO: Microbac..-Fayetteville Division Attr-: Accounts Rec; Locator KA P. O- Box G44733 Pittsburgh, PA. 15264 KA7H01211 Invoice 8/30/2017 EP4759308 Ground water samples - 9-131 210.00 210.00 Double R. Farm ;,�993 Amrnon,s by E��stellairon t30ii; 5 f3ay,>=1 Calcform Bs�ctena �n Vafer - y Stalr?rnerit Aging: Page-, 1 r)u have questions. please contact Accounts Roo at 910-8(A-1920 or ernait to statemunis(u>mr ru+L!c.coni ellnqulehnd y; Emig Time Recal Vyt leb Oe 7{lme ��� Z 2 1 �� la s nqu a me Rime ve pile ure e a 1B�t� 39 r3f37 4 nqu e e y: Oalg TO.e s e ph Fluid: ph Fluid, TumP Fluid 1: Tamp Fluid 2: Water Level #1 Water Leval #2 Fayetteville Dlvislon 2592 Hope Mills Road — Fayetteville, NC 215300 (910) B64-19201 864-8774 fax ;j l CHAIN OF CUSTODY RECORD o���0 �,�;c`t�cc/c'.�� � °� PAGE 1 of LIB 7NAME�AOORgSS: j P0# PRUSCT1 OCATION: O TYPE OF ANALYSIS PRESERVATION CODE `Y�\J CEDE: A = Nona B = HNO3 (pH<2) + <B'C C = H2SO4 (pH<2) + <B°C Q - N90H + rB°C a �N Acetate + <6'C F = HCl G = Sodium Thln CONTACTPERSON! PHONE: �% � �.3 P- Tj [j 1 J A PL M EATS! MFTHr]O OF&HIPMaNT; LAB ID # SAMPLE TYPE DATE TIME COMP GRAB PH PLOW THMP'C RES. SULFIDE! CHLORINE s 3 �. Lao iLtawis-+ Turnaround time, REGULAR RUSH Comments or Spacial Hazards; CIA- v-�.1 IS DATA FOR REG, COMPLIANCE PURPOSE? NO _ YES WHICH: B1/1Z110 14:13:09 7Z4-934-5893 -> 9184868707 Beth Ha}m Page 801 FAX COVER SHEET To: From: Beth Hahn Company: Date: 01I12/18 02:12:30 PM Fax Number: 9104860707 Pages (Including cover): 2 Re: NC KENW- DWQ - KN022 Notes: xeuo. Please see'attached past due incoic" listed on your c�trent statement. We reTifat that payment 8e •ent inunedlately as these invoicci arc getting to be senouily past due. II payment has been Rent. please disregard this email. If not please let me know when we mi It expect parfr:ent. Thank rou! Sgth Hahn - AP S'Pecialiat beth-hahn@,,microhac_com A 12.459.1 C-160 p 1366 5'15.4668 # 05�,; M I C R 0 B. A C ' One Allegheny Square, Sug 4Ct C; Pittsburgh, PA 15212, CC"`•FJE?E tiTFr1.L, r' C'TT4�� T3 ;_ ti i:=..:slstrai7s.+71 :nnu.mil- kiu: "ii_sIxi iite: os prei'1" i-tii:ill r31f�i&;;t'S :?€i;:il i to Ff. iii8'' Ct•?tir=t .t","a �.;1t,3] ]isi(. '(l t.;ii,( if \' tl_T ASP uot'Ile 1111ended rerlplet i_ tit <� pe" ;3Di ii' LO[ �t11::'.s1,fT?, _, i*.k silt i':IPit1,17't_ "OU are li%rs.'ts}' ii:�r.ilC'C Vie? u'.( .1?' C "::r :!7`_tii"C_ ccjpvIng, ch 11!b1 n 17'r' ':f {; ly lll, I1 fofllliluon :'nni iai1�A In 01 k. PROHIBITED Ip,rottla e 1c=ct_1-.-actiis rr:_k;;i ion i �,.:31, , I}.t r :a l t�ii:,k€i, lzriifl the scnder. Please desstioy the c4rT� is l €i.'._s!`_•r'.3=_�:�Il it�l! 1':.5 a.ttachm,,_ L-; teod?Il,- cr F��i A 91 Water Resources 1 nvironmerrtal Quality RLUtNtu DEQIDWR MAY 2 5 2018 WQROS FAYEifEVILLF REGIONAL OFFICE May 22, 2018 CERTIFIED MAIL - #7016 2140 0000 0562 4080 RETURN RECEIPT REO UESTED Ryan Matthew Coleman Double R Farms 7346 White Plains Church Road Clarkton, NC 28433 SUBJECT: Request for Payment of Civil Penalty Enforcement File No. DV-2018-0001 Bladen County Dear Mr. Coleman: ROY COOPER Governor MICBAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On March 6, 2018, the Director of Division of Water Resources (DWR) assessed a civil penalty against you in the amount of $12,583.40, including $833.40 in investigative costs, for discharging wastewater to waters of the State, failure to properly inspect, operate and maintain collection, treatment, and storage facilities, failure to maintain waste levels in the lagoon, failure to operate & maintain land application equipment and fields, and other noncompliance activities. If any civil penalty has not been paid within 30 days after the final agency decision has been served on the violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on March 30, 2018. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact Miressa D. Garoma at (919) 807-6340 or Debra Watts at (919) 807-6338. Sincerely, Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Fayetteville WQROS Regional Office File # DV-2018-0001 WQROS Central Files (AWS090131) - ?—Nothing Compares - State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 Water Resources I-m•itnnmerttal ( )ualitt September 22, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 3410 0001 6831 1691 Mr. Ryan Matthew Coleman 7346 White Plains Church Road Clarkton, North Carolina 28433 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2017-DV-0230 Double R Farms Facility No. 09-131, Permit No. AWS090131 Bladen County Dear Mr. Coleman: - — ROY COOPER inverrnrr MICHAEL S. REGAN Secreearl. S. JAY ZIMMERMAN Director On August 18, 2017, staff of the NC Division of Water Resources (Division), Water Quality Regional Operations Section (WQROS), inspected the Double R Farm and the permitted waste disposal system. We would like to thank Mr. Coleman, facility owner, for his time and assistance during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215. l OC - (Permit No. AWG100000 Section Conditions I 1 and 12), On August 18, 2017, it was observed that water was leaving your spray field that contained ponded waste and entering Shipman Branch. Water samples were taken from Shipman Branch along with pictures to document the discharge. The water samples confirmed waste was in Shipman Branch. Required Corrective Action for Violation 1: In the future prevent the discharge of waste due to overapplication of waste on your spray fields as required by your permit. Mr. Ryan Coleman September 22, 2017 Violation 2: Failure to notify Division of Water Resources of a failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No. AWGI00000 Section III. 13a) The facility's permit specifically requires notification by telephone as soon as possible, but in no case more than 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour notification. Required Corrective Action for Violation 2: In the future, please notify the Division of Water Quality of the occurrence of any reportable events in accordance with your permit. Violation 3: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. AWG 100000 Section V 2). On August 18, 2017 during a site visit it was documented with pictures that your lagoon level was 8 inches. The permitted level for this lagoon is 19.5 inches. Required Corrective Action for Violation 3: Follow the 5-day and 30-day plan of action provided by Prestage Farms dated August 23, 2017, Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V2) of your permit. Violation 4: Failure to notify Division of Water Resources (DWR) of inadequate freeboard in the lagoon within 24 hours of first knowledge in accordance with your permit. (Permit No. AWG 100000 Section Ili 13e). Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour notification and the 5-day written report. On August 18, 2017, it was documented that your lagoon level was 8 inches. Required Corrective Action for Violation 4: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. Violation 5: Failure to notify Division of Water Resources within 24 hours of a failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition 111.13.e above in accordance with your permit: (Permit No. AWG 100000 Section III 13f). Page 2 of 8 Mr. Ryan Coleman September 22, 2017 Your permit specifically requires -notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour notification and the 5-day written report. On August 18, 2017, it was documented that your lagoon level was 8 inches. Required Corrective Action for Violation 5: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. Violation 6: Failure to file a written report to the appropriate Division of Water Resources Regional Office within two (2) calendar days following first knowledge of the occurrence of the waste level in a lagoon/storage pond is found to be within the designed structural freeboard. (Permit No. AWG100000 Section 111 13). On August 18, 2017, it was documented that your lagoon level was 8 inches. On August 23, 2017 Prestage Farms provided a written report that outlined the actions they were taking to reduce waste levels below the designed structural freeboard within five (5) days. Required Corrective action for Violation 6: In the future, please notify the Division of Water Resources of the occurrence of lagoon levels found within the structural freeboard with a written report within two (2) calendar days in accordance with your perm it. Violation 7: Failure to operate and maintained at al l times the land application equipment and fields. (Permit No. A WG 100000 Section 11 1). On August 18, 2017, it was documented that your irrigation system was not operating as designed and the receiving crop was overtaken by weeds. The weeds had not been treated or removed as required in your CAWMP. Required Corrective action for Violation 7: Repair the irrigation system to meet the irrigation designs as specified in your Certified Animal Waste Management Plan (CAWMP). If you change the irrigation design it must be approved by a Certified Technical Specialist that has irrigation design certification and meets the demands of your Waste Utilization Plan (WUP). This must be completed prior to any waste application, Violation 8: Applying waste upon areas where the crop is insufficient for nutrient utilization as specified in the facility's CAWMP. (Permit No. AWG100000 Section I12). On August 18, 2017, it was documented that your bermuda crop is insufficient for utilization of nutrients applied. Page 3 of 8 Mr. Ryan Coleman September 22, 2017 Required Corrective action for Violation 8: A viable crop must be planted within thirty (30) days of any waste application, the crop must be in your WUP. Violation 9: In no case, shall land application rates result in excessive ponding or any runoff during any given application events (Permit No. AWG100000 Section li 5). On August 18, 2017, it was documented with pictures and water samples that waste was ponded around sprinkler heads and had run off of the field into Shipman Branch, Required Corrective action for Violation 9: In the future, do not apply waste at rates that causes ponding and runoff of waste from your spray field. Follow the application rates listed in the CAWMP. Violation 10: Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No. AWGI 00000 Section 11 17). On August 28, 2017 during your compliance inspection no written documentation was provided by you to show that someone inspected the spray field or any other area of the farm during land application events. Required Corrective action for Violation 10: In the future, record each inspection on forms supplied by, or approved by, the Division and shall include the date, time, spray field number, and name of the operator. Inspections shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. Violation 11: Failure to remove crops and properly managed and utilized for which animal waste is land applied in accordance with your CAWMP, (Permit AWG 100000 Section 1126). On August 18, 2017, it was documented with pictures, the receiving crop was overtaken by weeds. The receiving crop had not been removed or maintained as required in your CAWMP. Page 4 of 8 Mr. Ryan Coleman September 22, 2017 Required Corrective action for Violation It: In the future, all crops planted must be maintained and harvested as required for maximum production as specified by your CAWMP. Violation 12: Failure to monitor or record weekly on forms supplied by, or approved by, the Division the lagoon waste level gauge and to maintain the waste level gauge. (Permit No. AWG 100000 Section III 2a). On August 28, 2017 during your compliance inspection, no documentation of weekly recorded freeboard levels was provided. The top of the pipe used as the waste level gauge has been measured by the Division to be 3.3 inches shorter than the lowest point of the lagoon dyke when this farm was owned by another person. It was observed during this high lagoon level that the marker has not been replaced. - Required Corrective action for Violation 12: In the future, monitor and record weekly the lagoon waste level on forms supplied by, or approved, by the Division. Have them on hand for future inspections. This farm has a history of high freeboards, and a marker that has been set to the lowest point of the lagoon dyke and marked in increments of 6 inches would help in determining a more accurate lagoon level. It is understood this lagoon marker issue was not repaired by the previous owners. If you have documentation of weekly recorded lagoon waste levels, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section 111 12 of Permit AWG 100000. Violation 13: Failure to provide documentation of Soil Fertility Analysis for each field receiving animal waste in accordance with G.S. 143-215.1 OC (e) (6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. (Permit No. AWG 100000 Section 1114). On August 28, 2017 during your compliance inspection, no documentation of Soil Fertility Analysis for each field receiving animal waste was provided for review. Required Corrective action for Violation 13: If you have documentation of Soil Fertility Analysis for each spray field in the past 3 years, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section 111 12 of Permit AWG100000. If no documentation exists, take a Soil Fertility Analysis for each field receiving waste within 30 days of receipt of this letter. Violation 14: Failure to provide documentation of an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. (Permit No. AWG 100000 Section 1115). Page 5 of 8 Mr. Ryan Coleman September 22, 2017 On August 28, 2017 during your compliance inspection, no documentation of an analysis of a representative sample of animal waste to be applied prior to any waste application was available for review. Required Corrective action for Violation 14: Take an analysis of a representative sample of the animal waste to be applied prior to any waste application. If you have documentation of an analysis of a representative sample of the animal waste to be applied, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section 111 12 of Permit AWG100000. Violation 15: Failure to record all irrigation and land application events including hydraulic loading rates, nutrient loading rates and cropping information. (Permit No. AWG100000 Section III 6). On August 28, 2017 during your compliance inspection, no documentation of spray events recording hydraulic loading rates, nutrient loading rates and cropping information was available for review. Required Corrective action for Violation 15: In the future, record all irrigation and land application events as specified in your permit. If you have documentation of irrigation or land application events, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section 111 12 of Permit AWG100000. Violation 16: Failure to provide documentation of monthly stocking records for the facility, and make the records available to the Department. (Permit No. AWG100000 Section 111 8) On August 28, 2017 during your compliance inspection, no documentation was provided for the monthly stocking records for this facility. Required Corrective action for Violation 16: In the future, record monthly stocking records for this facility as specified in your permit. If you have documentation of monthly stocking records, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section II1 12 of Permit A WG 100000. Violation 17: Failure to provide a copy of your General Permit, the facility's COC, certification forms, lessee and landowner agreements, and CAWMP. These items shall be maintained by the permittee in chronological and legible form for three (3) years. These records shall be maintained on forms provided, or approved, by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc..) where animal waste management activities are being conducted. (Permit No. A WG 100000 Section III 11), Page 6 of 8 Mr. Ryan Coleman September 22, 2017 On August 28, 2017 during your compliance inspection, you failed to produce any of the required documents stated above. Required Corrective action for Violation 17: In the future, have on hand all of the required records and documents as required by your permit. If you have documentation of any of the required records and documents stated in this violation, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section 11112 of Permit AWG100000. Violation 18: Failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface water or wetlands. (Permit No. AWG100000 Section 1III5). On August 28, 2017 during your compliance inspection, no documentation that a press release was issued to the print or electronic news media in Bladen County. Required Corrective action for Violation 18: Prepare a press release as specified in your permit and release this to the print and electronic news media within 48 hours from receiving this letter. If you have documentation that a press release was issued in Bladen County as stated in this violation, please provide this information to the Fayetteville Regional Office within 15 days of receipt of this letter as stated in Section III 12 of Permit AWGI00000. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before October 30, 2017: 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the 01C concerning the steps that will be taken to prevent these violations from occurring in the future. 3. A Plan of Action of how the irrigation system will be repaired or replaced. 4. Provide a copy of all of the required records and documents requested in the above violations if you have them. S. Farm must repair the irrigation system or replaced, and a viable crop must be planted as specified in your CAWMP. 6. Provide records of all waste_ that was removed during the pump and haul to return the lagoon to compliance. You are required to take any necessary action to correct the above violations on or before 90 days from receipt of this letter and to provide a written response to this Notice by October 30, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Page 7 of 8 Mr. Ryan Coleman September 22, 2017 As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or ifyou believe there are other factors, which should be considered pLease send such information to me in writing within ten 10 days followini4 receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand dollars ($25,000) per violation against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Debra Watts, DWR Animal Feeding Operations Program Prestage Farms Fayetteville Regional Office WQROS files Page 8 of 8 HEGLIVEU DEQIDWR Water Resources Environmental Quality JUN 14 2018 WQROS FAYEii WtFRMJ6NAL0FRCE June 12, 2018 Sheriff James A. McVicker Bladen County Sheriff's Office 299 Smith Circle Elizabethtown, NC 28337 Attn: Civil Division Subject: NOTICE OF SERVICE Ryan Matthew Coleman Dear Sheriff McVicker: Please serve the attached Request for Payment of Civil Penalties as follows: Ryan Matthew Coleman Double R Farms 7346 White Plains Church Road Clarkton, NC 28433 ROY COOPER Governor MIC14AEL S. REGAN .Secretary LINDA CULPEPPER Interim Director It is our understanding that because we are a State agency, no fee is required for this service. Please return the completed Return of Service form in the enclosed return envelope. The Division of Water Resources appreciates this assistance from your department. If you have. any questions or need additional information, please contact me at (919) 807-6464, Sincerely, c4 -3, Debra J. Watts, Supervisor Animal Feeding Operations and Ground Water Protection Branch Enclosures cc: Fayetteville WQROS Regional Supervisor • "Nothing Compares State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations section 1636 Mail Service Center j Raleigh, North Carolina 27699-1636 919-707-9129 RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the day of with the document(s) was served as follows: Date Served: Designated Recipient: Place of Service (fill in address) Ryan Matthew Coleman 7346 White Plains Church Road _Clarkton, NC 28433 (Served Officer) Check one of the following: 2018, and together By personally delivering copies to the named individual; By leaving copies of the Notice and original letter at the named individual's dwelling, house or place of business with a person of suitable age and discretion then residing therein. Name of the person who the copies were left: If not served to the named individual, please state the reason why: (Sheriff Signature) Service Fee Paid Please return this form to: Bladen County Sheriff Miressa D. Garoma Division of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Paid By (Date) Water Resources Environmental Quality E013 R MAR 0 8 2Q18 14g1,0q()- FAYETTE VIL LE RE ;0NAL OFFICE March 6, 2018 CERTIFIED MAIL - #7016 2140 0000 0562 3946 RETURNRECEIPT REQ UESTED Ryan Matthew Coleman Double R Farms 7346 White Plains Church Road Clarkton, NC 28433 Dear Mr. Coleman: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 09-0131 Bladen County Enforcement File No. DV-2018-0001 This letter transmits notice of a civil penalty assessed against Ryan Matthew Coleman in the amount of $11,750.00, and $833.40 in investigative costs, for a total of $12,583.40. 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 Quality. 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 Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR !—Nothing Compares:ti_ State of North Carolina j Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Assessment of civil penalty e Ryan Matthew Coleman Enforcement # D-2018-0001 t Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. t -Assessment of civil penalty Ayan Matthew Coleman Enforcement # D-2018-0001 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: William F. Lane, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Included in this enforcement package is the requirement to apply for coverage under an NPDES permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee must apply for an NPDES permit (see the attached letter for instructions). Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. 7sgg ly, d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor w/ attachments File # PC-2018-0001 w/ attachments WQROS Central Files w/ attachments Bladen County Health Department STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BLADEN File No. DV-2018-0001 IN THE MATTER OF ) RYAN MATTHEW COLEMAN ) } FINDINGS AND DECISION FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENTS OF GENERAL PERMIT AWG100000 ) CIVIL PENALTIES PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Ryan Matthew Coleman owns and operates Double R Farms a swine animal operation located along 7680 Burney Ford Road in Bladen County. B. Ryan Matthew Coleman was issued a Certificate of Coverage AWS090131 under General Permit AWG 100000 for Double R Farms on July 22, 2016, effective upon issuance, with an expiration date of September 30, 2019. Mr. Coleman has sold the farm and on October 31, 2017, a new Certificate of Coverage was issued to Channing R. Gooden and David R. Gooden. C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of the following activities unless the person has received a permit from the Commission and has complied with all the conditions set forth in the permit: made any outlets into the waters of the State, D. Condition 1.1. General Permit AWG100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyances, direct application and direct discharge or through ditches not otherwise classified as State waters." E. On August 17, 2017, Division of Water Resources received notification from a member of the public via phone concerning the level of Double R Farms lagoon. On August 18, 2017 DWR Staff contacted Mr. Coleman advising him staff would like to visit his farm. Mr. Coalman was asked if he had any issues at the farm, and he stated he had an issue with his lagoon and spray field but did not give details. It was documented that the lagoon level was at eight inches, and waste was ponded in the spray field. Water was observed flowing from the spray field into Shipman branch that flows under the farm path. Shipman branch appeared to contain animal waste. Mr. Coleman had not maintained his spray fields during the time he owned the farm. F. Condition Il. 1. of the General Permit AWG1000000 states that the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times. G. The irrigation system is not operating as designed. This has been an ongoing issue with this farm prior to Mr. Coleman purchasing the farm. Failure of the irrigation system has caused waste to pond around the spray heads because the pressure is not sufficient for proper operation. Mr. Coleman stated he was unable to control the lagoon level because of the spray equipment was faulty. The irrigation system was not operating as designed and the receiving crop was overtaken by weeds. The weeds had not been treated or removed as required. H. Condition No. V.2. of General Permit AWG 100000 states that "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 except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard." The CAWMP for Double R Farms requires that the Freeboard for the holding pond/lagoon is designed to stay below 19.5 inches of freeboard. On August 18, 2017 during DWR site visit it was documented that the lagoon level was 8 inches. K. Condition No. II1.13. of General Permit AWG 100000 states that "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: (a) Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. (e) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. Of this General Permit. (f) Failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition I11.13.e above." L. The Fayetteville Regional Office had not received notification within 24 hours of the first knowledge of wastewater discharge from Double R Farms. DWR has no record of receiving notification and 5-day written report that the lagoon level was 8 inches. M. Condition No. 11.2. of General Permit AWG100000 states that "A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy." N. On August 18, 2017, it was documented that the Bermuda crop was insufficient for utilization of nutrients applied. O. Condition No. II.5. of General Permit AWG 100000 states that "in no case shall land application rates result in excessive ponding or any runoff during any given application event." P. On August 18, 2017, it was documented that wastewater was ponded around sprinkler heads and runoff of the field into Shipman Branch. Q. Condition 1I.17. of General Permit AWG100000 states in part that "In accordance with 15A NCAC 8F .0203(c)(2), the OIC or a designated back-up OIC of a Type B Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, sprayfield number and name of the operator for each inspection. Inspection shall included but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." R. During the compliance inspection, no written documentation was provided to show that someone inspected the spray field or any other area of the farm during land application events. S. Condition 11.26. of General Permit AWG00000 states that "Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized unless other management practices are approved in the CAWMP." T. On August 18, 2017, it was. documented that the receiving crop was overtaken by weeds. The receiving crop had not been removed or maintained as required in the facility's CAWMP. U. Condition No. 1II.2.a. of General Permit AWG 100000 states that "Highly visible waste - level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. V. During the compliance inspection on August 28, 2017, no documentation of weekly recorded freeboard levels was provided. The top of the pipe used as the waste level gauge has been measured by the Division to be 3.3 inches shorter than the lowest point of the lagoon dyke when the farm was owned by another person. It was observed during this high lagoon level that the marker has not been replaced. W. Condition No. II1.4. of General Permit AWG100000 states that "A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste in accordance with G.S. § 143-215.1 OC(e)(6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years." X. During August 28, 2017 compliance inspection, no documentation of soil fertility analyses for each field receiving animal waste was provided for review. Y. Condition No. III.S. of General Permit AWG 100000 states that "An analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: Nitrogen, Zinc, Phosphorus, Copper." Z. During August 28, 2017 compliance inspection, no documentation of analyses of a representative sample of waste to be applied prior to any waste application was available for review. AA. Condition No.111.b. of General Permit AWG 100000 states that "The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site, or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division." BB. On August 28, 2017, during compliance inspection, no documentation of spray events recording hydraulic loading rates, nutrient loading rates and cropping information was available for review. CC. Condition No. 111.8. of General Permit AWG100000 states that "The Permittee must maintain monthly stocking records for the facility and make the records available to the Department." DD. On August 28, 2017 during compliance inspection, no documentation was provided for the monthly stocking records for this facility. EE. Condition No. III.I 1. of General Permit AWG100000 states that "A copy of this General Permit, the facility's COC, certification forms, lessee and landowner agreements, the CAWMP and copies of all records required by this General Permit and the facility's CAWMP shall be maintained by the Permittee in chronological and legible form for three (3) years. Records include but are not limited to: soil and waste analyses, rain gauge readings, freeboard levels, irrigation and land application event(s), past inspection reports and operational reviews, animal stocking records, records of additional nutrient sources applied. (including but not limited to sludges, unused feedstuff leachate, milk waste, septage and commercial fertilizer), cropping information, waste application equipment testing and calibration, and records of removal of solids to off -site location(s). These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted." FF. During August 28, 2017 compliance inspection, the permittee failed to provide a copy of the facility's COC, certification forms, lessee and landowner agreements, and CAWMP. GG. Condition No. HI.15. of General Permit AWG100000 states that "In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request." HH. On August 28, 2017, no documentation that a press release was issued to the print or electronic news media in Bladen County. II. On September 22, 2017, the Division issued a Notice of Violation /Notice of Intent to Enforce (NOV/NOI) to Ryan Matthew Coleman identifying violations of N.C.G.S. 143- 215.1 and General Permit AWG 100000. The violations include the unlawful discharge of wastes to waters of the State, failure to operate and maintain waste collection system, and failing to notify DWR of the non- compliance events. A The NOV/NOI letter was sent by certified mail, return receipt requested and received on September 25, 2017. KK. The costs to the State of the enforcement procedures in this matter totaled $833.40. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Ryan Matthew Coleman is a "person" 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. 143-215.1. C. Shipman Branch constitutes 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 constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which G. S. 143-215.1 requires a permit. The discharge also violated Condition 1.1. of General Permit AWG 100000. E. The above -cited failure to operate and maintain at all times the waste collection system Violated Condition No. H. 1. of the General Permit AWG 1000000. F. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition V.2. of the General Permit AWG 100000. G. The above -cited failure to 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 wastewater discharge, failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. violated Condition In.13. a. e. & f. of the General Permit AWG 100000. H. The above -cited failure to maintain a vegetative cover as specified in the facility's CAWMP violated Condition No. II.2. of the General Permit AWG1000000. I. The above -cited failure to prevent excessive ponding and runoff violated Condition No. IL5. of the General Permit AWG 100000. J. The above -cited failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP violated Condition No. H.17. of the General Permit AW G 100000. K. The above -cited failure to remove crops and properly managed and utilized for which animal waste is land applied in accordance with your CAWMP violates Condition Il. 26. of the General Permit AWG 100000. L. The above -cited failure to monitor or record weekly the lagoon waste level gauge on forms supplied by or approved by the Division and to maintain the waste level gauge violates Condition III.2.a. of the General Permit AWG 100000. M. The above -cited failure to provide documentation of Soil Fertility Analysis, for each field receiving animal waste in accordance with G.S. 143-215.10C (e) (6) violates Condition III.4. of the General Permit AWG 100000. N. The above -cited failure to provide documentation of an analysis of a representative sample of the animal waste to be applied violates Condition 111.5. of the General Permit AWG 100000. O. The above -cited failure to record all irrigation and land application events including hydraulic loading rates, nutrient loading rates and cropping information violates Condition III.6. of the General Permit AWG 100000. P. The above -cited failure to provide documentation of monthly stocking records for the facility and make the records available to the Department violates Condition III. 8. of the General Permit AWG 100000. Q. The above -cited failure to provide a copy of General Permit, the facility's COC, certification forms, lessee and landowner agreements, CAWMP violates Condition III. 11. of the General Permit AWG 100000. R. The above -cited failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge violates Condition III. 15. of the General Permit AWG 100000. S. Ryan Matthew Coleman may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. T. The State's enforcement costs in this matter may be assessed against Ryan Matthew Coleman pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). U. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Ryan Matthew Coleman, owner of Double R Farms at the time of the noncompliance is hereby assessed a civil penalty of: $ 3, No For making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit AWG100000. $ 000 For violating Condition 11. 1. of the General Permit No. AWG 100000 by failing to properly operate and maintain collection, treatment, and storage facilities, and land application equipment and fields at all times. Lle-Q-0For violating Condition V.2. of General Permit AWG 100000 for failure to maintain adequate freeboard in the lagoon/storage pond at the level specified in the CAWMP. $ Soo For violating Condition Hl.13. a_ e. & f. of General Permit AWG 100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours, first knowledge of the occurrence of wastewater discharge to waters of the State, failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 2. �4 For violating Condition I1.2. of General Permit AWG 100000 for failure to maintain a vegetative cover as specified in the facility's CAWW. $ I, O00 For violating Condition 11.5. of the General Permit No. AWG 100000 for applying animal waste resulting in excessive ponding and runoff. $ For violating Condition H.17. of General Permit AWG 100000 for failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. Soo For violation of Condition 11.26. of the General Permit AWG 100000 by failure to remove crops and properly managed and utilized For violation of Condition I11.2a. of the General Permit AWG 100000 for failure to monitor or record weekly the lagoon waste level gauge on forms supplied by or approved by the Division and to maintain the waste level gauge. $ O For violation of Condition IIIA. of the General Permit AWG 100000 for failure to provide documentation of Soil Fertility Analysis, for each field receiving animal waste in accordance with G.S. 143-215.1 OC (e) (6). $ SUp For violation of Condition III.5. of the General Permit AWG 100000 for failure to provide documentation of an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. $ 15W For violation of Condition 1I1.6. of the General Permit AWG1000OO for failure to record all irrigation and land application events including hydraulic loading rates, nutrient loading rates and cropping information. $ ;450 For violation of Condition IH.8. of the General Permit AWG 100000 for failure to provide documentation of monthly stocking records for the facility and make the records available to the Department. $ a5G_ For violation of Condition III.11. of the General Permit AWG100000 for failure to provide a copy of your General Permit, the facility's COC, certification forms, lessee and landowner agreements, CAWMP shall be maintained by the permittee in chronological and legible form for three (3) years. $ '5700 For violation of Condition III.15. of the General Permit AWG100000 for failure to provide documentation that a press release was issued to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. $ 1l 17 50 TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $833.40 Enforcement costs $ (a, SN 3. y 0 TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Ryan Matthew Coleman, in accordance with N.C.G.S. 143-215.6(A)(d). a��y to (Date) Jon Ri d, Chief Wat uality Regional Operations Section Division of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Ran Matthew Coleman County: Bladen Case Number: DV-2018-0001 Permit Number: AWS090131 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; About the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private property was documented. 2) The duration and gravity of the violation; The precise duration of the violation is unknown, but based on the lack of records and the attitude of Mr. Coleman, it could have been the entire time he owned the farm. t r f—jr� .L 1 pry r IfDWR had not been contacted, or a heavy rainfall event had accrued the la7oon could have overtopped. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on groundwater quality was not measured. Visual and analytical evidence confirmed that wastewater was discharged from the sprayfield The downstream water T.mple take indicatedfnutrie nt, BOD, and fecal coliform levels above the normal range. 1-![� ea Gov- It S Q- d (4,L10�' ��i ( iu�ai'utltwe.T' a� '���•� � t�t�[��.�--- r^dtTvt"t �• 1i't_r7 �,tS[, riliC �'-pT I.,j7utYi oh 4) The cost of rectifying the damage; This factor cannot be determined because no data exists to establish the presence or extent of damages. 5) The amount of money saved by noncompliance; Unknown. Na e t.� r,,:ud� }� E- f1cr.+- r:«-+ � �u� ufarc ��z 6) Whether they violation was committ)d willfully or intentionally; It is DWR staff opinion based on physical evidence and conversations with Mr. Coleman he was not concerned with the lagoon level or sprayfield conditions. He was given names ofpeople that could give him technical assistance to help with any issues he had when he first purchased the farm. Mr. Coleman made no effort to contact DWR stafffor guidance or make us aware of any issues he had. It is DWR staff opinion the violations were committed willfully. Mr. Coleman failed to respond to the NOY/NOI issued on September 22, 2017 and received on September 25, 2017. 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 • No record of violations prior to this event for the period of time Mr. Coleman owned this farm. 8) The cost to the State of the enforcement procedures. $833.40 �2(y 5 ot Date i Jon gaard rev 1.0 - 8.31.09 JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2018-0001 County: Bladen Assessed Party: Ryan Matthew Coleman Permit No.: AWS090131 Amount assessed: $12,583.40 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver oLftht to an Administrative Hearin, and Stipulation oLFacts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1 b were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly bated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e- explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil enalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST RYAN MATTHEW COLEMAN PERMIT NO. AWS090131 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2018-0001 Having been assessed civil penalties totaling $12,583.40 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, February 28, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of , 2018 Signature ADDRESS TELEPHONE N-C- Water Resources Eavu-artmental Quality February 28, 2018 Ryan Matthew Coleman Double R Farms 7346 White Plains Church Road Clarkton, NC 28433 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: National Pollutant Discharge Elimination System (NPDES) Permit Requirement Facility Number: AWS090131 Dear Mr. Coleman: According to our records, your facility was assessed for a discharge of wastewater to the waters of the state that occurred on August 18, 2017. As a result, according to the North Carolina General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency, you are required to apply for coverage under an NPDES permit. Within 90 days of receipt of this letter, complete and return the attached form, "NPDES General Permit Application— Existing Animal Waste Operations." Please carefully follow the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a General Permit, please contact us and we will forward you that application. Two copies of your complete Certified Animal Waste Management Plan are required with the permit application. Please refer to the checklist on page two of the application to be sure that all necessary documents are submitted with the application. A copy of the NPDES General Permit may be downloaded at our website: http://dpq.nc.gov/about/divisions/water-resources/water-gualibt egional-operations/afo If it is your opinion that your facility should not be required coverage under an NPDES permit, please provide written justification (such as change in ownership and management) so that the Division can make appropriate determination to your situation. Continued... <77"Nothtng Compares: State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional operations Section 1636 Mail service Censer I Raleigh, North Carolina 27699-1636 919-707-9129 I Failure to submit the documentation as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date. If you have any questions about the NPDES permit or the enclosed application, please feel free to contact the Animal Feeding Operations Program staff at (919) 707-9129. /Sincerel , Chief Water Quality Regional Operations Section Division of Water Resources CC: Fayetteville Regional Office, Water Quality Regional Operations Section Bladen County Soil and Water Conservation District Facility File (AWS090131) IIE "3- �k- r qpRF Iv 12 .:�„� _ ., ;.� �., . �� r � A-�'� , �-'C� . - . .;ems * '�:� on t �MI%�.�A 1 l�iy � _� _ T� 1 . r f •� f 1, r - -- !' - , ` �,; �1 � � • ` �� z�z �� \ � . \ . \:: ° \ ,\ � y. z �; ��a� 7�\%a--Rx�2� >� �/�� // � � 2 ; � ? � » Z \7. `�� a � \ \ t� ' � �� �<» � �:' y > of �� df \�,: `� � (�55 dQ«« y% \\� °� � `/3� \ »� 3tz \.3* *^/ ;./ § � . 2 y f� \� y {�}; . » � � wz 2 � \� , }�� -;\\ y>/ yr, .\ 99 } % \/ \��«« �� \�<�~('«� 2«¥«\E2 � ») -��,« \ � �vx�g� %\ £©! «3 «°/ \yam z� tr% � � y @: &, y_ �«�`��� [��,�� C� \�� �� �� \� � . : \ /: �l �, i� j 1_ � r _f � f.7 Yr + 'fir �� �i,�j% /��%1�"r,.� �;'f �'��'1 'r ;�' '�+ � 1\ Hwy �� ",yam. 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