090138_ENFORCEMENT_20171231

" NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 22, 1998
CERTIFIED MAIL
RETURN RECEIPT R-EQUESIER
Mr. Randy Barefoot
Prestage Farms
P. 0. Box 438
Clinton, NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
P-14 A & B Farms
Facffity No. 09-138
Bladen County
Dear Mr. Barefoot:
You are hereby notified that, having been deemed 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.
Staff from the Fayetteville Regional Office of the Division of Water
Quality observed irrigation and run-off occurring on your farm during a
routine fly -over of Bladen County on February 10, 1998. When staff arrived
at the farm, on February 11, 1998, the irrigation and run-off was still
occurring. Waste was running out of the field, along the fence line and into a
low area. Waste was ponded in the low area and was exiting via a pipe under
the road and into an unamed tributary of the Cape Fear River. Samples were
collected at the time the run-off was observed. While regional staff were at
the farm, for approximately two hours, the irrigation continued even though it
was raining the entire time. Mr. John Jones finally arrived to cut the pump off
The lagoon levels at the time of the investigation were 15" and 19".
Therefore, this irrigation was not due to an emergency situation. It should
also be noted that the cover crop (small grain) appeared to be dying around
the irrigation gun, which suggests over application.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINK 29301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Barefoot
6-22-98
Page 2
The cover crop in the back field was non-existent although irrigation was being performed the
previous day as noted during the $y -over.
The Division of Water Quality requests that the following item(s) be addressed:
Avoid irrigating during rain events when the freeboard is adequate to accommodate
such rain without causing concern to the integrity of the structure.
2. Have a suitable cover crop established on irrigation fields at all times.
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status 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 rnore than $10,000.00 per day per
violation.
Please provide a written response to this office on or before July 8,1998 regarding corrective
actions taken or planned. If you have any questions concerning this matter, please do not hesitate
to contact either myself or Mr. John Hasty, Environmental Specialist, at [phone].
n
StephA. Barnhardt
Acting Regional Supervisor
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh

Prestage Farms, Inc.
RECEWE
July 8, 1998'j,um, 10 1998
Fftii'"E1T'-Vi LLC
Mr. Stephen A. Barnhardt REG. OFFICE
Acting Regional Supervisor
North Carolina Department of Environment & Natural Resources
Fayetteville Regional Office
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
RE: Notice of Violation/P-14 A&B Farms, Facility No. 09-138
Dear Mr. Barnhardt:
This letter is in response to the Notice of Violation issued by your office to Prestage
Farms dated June 22, 1998. Per your request, I am submitting a response of corrective
actions taken or planned by Prestage Farms regarding the two (2) items you outlined in
this written communication resulting from your February l 1 inspection of our farms, P-14
A & B. Again, please note that I am responding only in regard to your specific request for
information as set forth in your Notice of Violation.(Reference your items 1. and 2. on
Page 2)
1. Operators -in -charge employed by Prestage Farms are aware that irrigation should be
avoided during rain events when freeboard is adequate and there is not immediate
concern regarding the integrity of the structure. It was not the intent of the
operator -in -charge at P-14 A & B on February 11, nor any other Prestage Farms
operator -in -charge on any date, to intentionally schedule irrigation during a rain
event. I am sure you will agree that circumstances may lead to sudden rain
events, sometimes intense in nature, while an operator -in -charge is away from the
irrigation site. In such cases, the operator -in -charge may not have any knowledge
that rain has occurred at the irrigation site.
As a result, we are considering policy and procedure implementation that will
require operators -in -charge to notify on-site swine production personnel when
irrigating. In turn, these farm production workers will be responsible for making
contact with the designated operator -in -charge, company technical specialists, or
other appropriate personnel upon their knowledge that a rain event has started on
his/her specific farm site. This would allow operators -in -charge to return to the
HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C, 28329-0438 - PHONE [phone]

Mr. Barnhardt
July 8, 1998
Page 2
irrigation site in a timely manner to evaluate the weather conditions and act
accordingly.
2. Regarding the inadequate cover crop: Presently we have established an adequate stand
of coastal bermuda and we will continue to maintain sufficient cover crops,
including winter over -seed. I am confident that subsequent visits by your staff to
this site in the almost five months since February 11 have revealed that receiving
crop conditions have improved_
Please contact me if you desire additional information or an explanation of our actions
regarding P-14 A&B and its operations.
Sinc rely,
Randy Barefoot
Director, Department of Land and Nutrient Management

. . . 4- .' -
State of Nortb Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
December 30, 1997
CERTIFIED MAiL
RETURN RECEIPT REQUESTED
Mr. Randy Barefoot
Prestage Farms, Inc.
P.O. Box 488
Clinton, NC 28329
SUBJECT: NOTICE OF DEFICIENCY
Prestage Farms (P- 14 ABC)
Registration No.09-138
Bladen County
Dear Mr. Barefoot:
On December 9, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality attempted to inspect the P-14ABC swine facility. It was determined that no waste
application (pump) records, a certified animal waste management plan (CAWMP), or waste
analysis sample results were maintained on-site for inspection purposes. Several of the discharge
pipe supports in the lagoons were broken and need repair to prevent possible pipe failure.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Immediately begin maintaining a copy of the CAWMP and waste analysis samples on-site
for inspection purposes. Also, waste application records for the facility should be maintained on-
site although the IRR -2 form may not reflect the actual plant available nitrogen (PAN) balance. A
copy of the HM -1 form should be available for inspection to illustrate waste applications for the
facility subsequent to the last update of the IRR -2 form.
Please notify this office in writing on or before January 31, 1998 at the address below as to
the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should
be taken as absolving this facility of the responsibility and liability of any violations that have or
may result from these deficiencies.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/] 0% post -consumer paper

I _s
If you have any questions concerning this matter, please call Robert F. Heath, Environmental
Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Sam Warren - Bladen Co. NRCS

Prestage Farms, Inc.
January 29, 1998
Mr. Robert F. Heath
Environmental Specialist
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
SUBJECT: Notice of Deficiency
Prestage Farms (P-14 ABC)
Dear Mr. Heath:
RECEIVED
FEB 0 2 1998
FAYMEVILLE
REG. OFFICE
This letter is in response to your Notice of Deficiency dated December 30, 1997
following your inspection of Prestage Farms' P-14 ABC on December 9. 1 am outlining
below our policy regarding the housing and maintenance of records.
Each operator -in -charge employed by Prestage Farms will have in his possession a
copy of the certified animal waste utilization plan of each farm for which he is designated
as operator -in -charge. In addition, the IRR -1 will be completed and submitted weekly to
the main office by these operators.
The original certified animal waste management plan of each farm owned and
operated by Prestage Farms and all application records and other pertinent records for
these farms will be housed and maintained at the Prestage Farms main office complex.
These records will be readily available for inspection by you, Soil and Water inspectors,
and other regulatory representatives_
Should you need additional information, please contact me at the phone number
below.
Sinc,qrely,
Randy Barefoot
Director, Department of Land and Nutrient Management
djlrbp14
copy: Kerr T. Stevens
Sue Homewood
Audrev Osendine
Sam Warren
HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C. 28329 • PHONE [phone]

` A
MCDENR
JAMES B. HuNTJ
._ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
FAYETTEVILLE. REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 3, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randy Barefoot
Prestage Farms
P. O. Box 438
Clinton, NC 28328
Subject: Notice of Recommendation for Enforcement
Prestage Farms
P-14A&B
Facility No. 09-138
Bladen County
Dear Mr. Barefoot:
This letter is to notify you that the Fayetteville Regional Office of the
Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by the P-14 A&B Swine Farms of
North Carolina General Statute 143-215.1 for the discharge of wastewater to
the surface waters of the State from a non discharge facility on February 10,
1998.
If you have an explanation for this violation that you wish to present,
please respond to this office on or before June 30, 1998. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package
for his consideration.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301 -5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLLD/10% POST -CONSUMER PAPER

Mr. Barefoot
Page 2
June 3, 1998
If you have any questions concerning this matter, please contact me at [phone].
Sincerely,
4
,l
Kerr Stevens
Regi Supervisor
cc: Sue Homewood - Compliance Group
Central Files - Raleigh

Prestage Farms, Inc.
June 24, 1998
Mr. Art Barnhardt
DECEIVED
Acting Regional Supervisor JUN 2 9 1998
North Carolina Department of Environment & Natural Resources
Division of Water Quality, Fayetteville Regional Office 12��ILLE
225 Green Street, Suite 714 REG. OF iCE
Fayetteville, North Carolina 28301-5043
RE: Response to Notice of Recommendation for Enforcement: P-14 A&B
Dear Mr. Barnhardt:
I have received a letter over your signature which states that your office is considering a
recommendation for enforcement action in reference to a February 10, 1998 inspection of
Prestage Farms' P-14 A&B.
Please note that a written notice of violation did not precede this June 3rd notice of
recommendation for enforcement. In addition, this notice of recommendation for en-
forcement does not include a summary of findings from your staffs inspection of P-14
A&B on February 10 or any suggestions of corrective actions. I feel that a review of this
information is essential prior to the formulation of any response from Prestage Farms and I
am respectfully requesting that you submit this written information to me at your earliest
convenience. Following its receipt, Prestage Farms will submit written comments.
It is my understanding that each Division of Water Quality regional office may choose to
handle the process of issuing notices of violation in whatever manner they deem
appropriate. Since we did not receive a written notice of violation in this case and since it
has been four months since the February 10th situation, I assume your office is making an
attempt to streamline the process and combine the written NOV with the notice of
recommendation for enforcement. For future reference, can we expect this to be the
standard operating procedure for the Fayetteville regional office?
Thank you for prompt attention to this request for additional information.
Sincerely
Randy arefof
Director, Department of Land and Nutrient Management
copy: T. Stevens
S. Homewood
HIGHWAY 421 SOUTH 9 P. O. BOX 438 - CLINTON, N. C. 28329-0438 - PHONE [phone]

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
k.
s
C�ENF�
DIVISION OF WATER QUALITY
December 30, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Randy Barefoot
Prestage Farms, Inc.
P.O. Box 488
Clinton, NC 28329
SUBJECT: NOTICE OF DEFICIENCY
Prestage Farms (P- 14 ABC)
Registration No.09-138
Bladen County
Dear Mr. Barefoot:
On December 9, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality attempted to inspect the P-14ABC swine facility. It was determined that no waste
application (pump) records, a certified animal waste management plan (CAWMP), or waste
analysis sample results were maintained on-site for inspection purposes. Several of the discharge
pipe supports in the lagoons were broken and need repair to prevent possible pipe failure.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Immediately begin maintaining a copy of the CAWMP and waste analysis samples on-site
for inspection purposes. Also, waste application records for the facility should be maintained on-
site although the IRR -2 form may not reflect the actual plant available nitrogen (PAN) balance. A
copy of the IRR -1 form should be available for inspection to illustrate waste applications for the
facility subsequent to the last update of the IRR -2 form.
Please notify this office in writing on or before January 31, 1998 at the address below as to
the actions taken or proposed to be taken to resolve this deficiency_ Nothing in this letter should
be taken as absolving this facility of the responsibility and liability of any violations that have or
may result from these deficiencies.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/10% post -consumer paper

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