Loading...
HomeMy WebLinkAbout090139_ENFORCEMENT_20171231NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Prestage Farms, Inc. Px-10 PO Box 438 Clinton, NC 28329 Division of Water Quality Colleen H. Sullins Dee Freeman Director Secretary AQUIFER PROTECTION SECTION June 28, 2010 Subject: NOTICE OF DEFICIENCY P-15, Facility #9-139 AWS090139 Bladen County NOD-2010-PC-06921 Incident No.20100328 To Whom It May Concern: On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Randy Barefoot of a high freeboard level the lagoon. We wish to thank Mr. Barefoot 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. AWGI 00000 that you are covered to operate under, as follows: Deficiency is 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 the Swine Waste System General Permit No. AWG100000. On January 26, 2010 a lagoon/storage pond level was documented at 17 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 One Phone: 910-033-33001 FAX : 910-086-07071, Customer Service: 1-877-623-6748 NorthCarolina Internet: www.h20.enr.stale.nc.us An Equal Opportunity t Affirmative Action Ernooyer ��������� Cont_ Page Two June 28, 2010 PX-10 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. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Ricky Revels or me at (910)-433-3300. Sincerely. ; - j -4t�J4 Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Lariek - CAFO Unit Bladen County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Prestage Farms, Inc. I ru N ru Postage $ y�ED Certified Fee Postmark C 1 Retum Receipt Fee Hera C1 (Endorsement Required) tricted livery Fee {EndResorsemendet RIequired) Cl r 1 Total Postago Q Fees $ q f/ q LO iL Sent T eSl�-... -------•- .G.--------- 'a §ee(. Apt No.; PO Box No. O � OX (f z p Q - -- ---- �+H stare. W - 1_ � l ll... 2Y3z e Complete Items 1, 2, and 3. Also complete Item 4 0 Restricted Delivery Is desired. t ■ Print your name and address on the reverse so that°We can return the'Card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: It G?lt t ___ f .❑ Agent 4' `3 ❑ Addressee B. Received by (Printed Name) C. Date of Delivery 1-15e c -le^771,,. D. Is delivery address different from ftem 17 ❑ Yes If YES, enter delivery address below: ❑ No PRESTAGE FARMS, INC. PO BOX 438 CLINTON, NC 28329 3. Service lype ❑ Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7p101 2519 0030 6682 8772 I PS Form 38111, F�2004 Domestic Return Receipt 10P595-02-M-1540 (Col \¢ �. Prestage Farms, Inc.; r July 29, 2010 Mr. Robert Marble, Environmental Specialist NCDENR-DWQ Fayetteville Regional Office Re: Notice of Deficiency for Facilities P-11 #82-511; Dan C. Bowden Farm #82-185; Thornton Swine Farm Bldgs. 1-8 & New Farm #82-47; P-62 #43-32; P-60 #43-20; Px-10 #9-139; P-15 #9-140; Herbert G. Bowden Farm #82-186 Dear Mr. Marble: This letter is to inform the NCDENR-DWQ Aquifer Protection Section that all lagoon levels at the above facilities were lowered to the required freeboard level within 30 days of POA submittal date. Lagoons were lowered using Best Management Practices and applying effluent at agronomic rates. Please contact me should you need additional information. Sincerely, Ran y Barefoot Director, Land and Nutrient Management HIGHWAY 421 SOUTH e P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE (910) 592-5771 Prestage Farms, Inc. May 12, 1997 Mr. Ed Buchan Environmental Engineer NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Buchan: Atd r 1 9 1997 As requested from the Fayetteville Regional Office, Division of Water Quality, the following items have been addressed: l _ Discharge of wastewater was immediately eliminated. 2. The Waste Utilization Plan was reviewed and modified to reflect the most current USDA MRCS standards, such as the following: a) Reduced nitrogen and application rate. b) Additional land for spray field- c) Additional irrigation system installed. d) An operation and maintenance plan for an irrigation system is being developed - In addition, we will follow this plan of action: e) By May 31, 1997, the areas in field #1 (fescue) that have bare spots will be seeded to millet as a summer temporary cover and continue to graze this field. f) By October 15, 1997, we will renovate field #1 by disking, land smoothing to remove pockets for standing water, and re -seed to fescue. g) When irrigation occurs at PX-10, an operator in charge will remain on site to evaluate the system and spray field to prevent over application. h) Application records will be maintained by operator in charge. 3. We have obtained and are implementing g Certified Waste Management Plan as of May 9, 1997. HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Should you need clarification concerning any of the above, please contact me at 910-592-5771. Thank you for the cooperation shown by your office, as we have worked to respond in a timely and responsible manner regarding this situation. Sincerely, .4. Cr:. G. Glenn Clifton Technical Specialist r Animal Waste Management Plan Certification (Please type or print all information that does not require a signature) Existin or New or Expanded ( lease circle one) (ieneral Information: Name of Farm: _ {fix l O ,Facility No: 0 9 135 Owner(5) Name: +PR ESTA ac- FA RmS :Z jc.. Phone No: 910 -SQL -5771 Mailing Address: P.0. Zc )c_ C t. t r4Ta r! _ t4C-AS 3 z9 _ ^. Farm Location: County Farm is located in: j- A D E N Latitude and Longitude: �-r 30L 35 M / 7a -fs• Qt' Please attach a copy of a county road map with Iocation identified and describe below (Be specific: mad names, directions, milepost. etc.): P PPeo x 3. o PA t L es VJVS-r B F A jam r rs 8 01Z & _ miv SR � 17Z Operation Descrigtign: 7tpeofSwine No. ofAmmals 7 Wean to Feeder 3 Feeder to Finish D Farrow to Wean i Farrow to Fader agj ZI Farrow to Finish Type of Pouhvy No. of Animals TRW of Cattle No. of Animals a Layer O Dairy ❑ Pullet U Beef Other 7ipe of LisYstoc1cNumber of Annuals. E:paadue� - Opernaa Previous Design Capaary. Addniranal �Dengn. Capacri�. Total Design Ca acin•: _ �' r- 0->c Acreage A,-ailable for Application: 37 Required Acreage:_ „ 28 Number of Lagoons / Storage Ponds : I Total Capacity, _50fe. (no z� Cubic Feet (0) Are subsurface drains present on the farm: YES or NO (please circle one) If YES: are subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one) Onmer / 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) brow 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 (we) understand that there roust be no discharge of animal waste from the storage or application system to surface waters of the state either directly throu sh a man-made conveyance or from a storm event less severe than the 25-year. 24-hour storm and there most not be run-off from the application of anist<al waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Consen-ation Service. The approved plan will be filed at the farm and at the Office of the local Soil and Water Conservation District: I (wc) know that any modification mast be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to implementation. A change in land ownembip requires written notification to D or a new ane app on (if throved plan is changed) with' days of a tide transfer. Tame of Land-Ottir�r : 1 J-Ar. )3%/ .�ad^l Er—OUE� Signature: Da Name of Nlan/ger(if different from owner) - Signature: _ Date: AAVC -- January 1. I997 Technical Specialist Certification I. Asa technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to I5A NCAC 6F .0005. 1 certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (D) as specified in 15A !CAC 2H.0217 and the USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements are included in the plan as applicable. While each cat=gory designates -a technical specialist who may sign each certification (SD, SI. WUP. RC. I). the technical specialist should only certify parts for which they are technically competent. IL Cefti, fication, WDesign A) Collection, Storage. Treatment System Check the appropriate box xi ing aci i 't ut t (SD or V UP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization ems• 0 New, g3panded.or reirofted facility (SD) Animal waste storage and treamicat structuressuch as but not limited to collection systems. lagoons and ponds. have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print) �f�. GLEAN CtIF�o14 . Affiliation: ?RESTAQE FARPAS'I Vic,_ Address(ADency): PO. $ t-t N Ta #,I N G "52.g Phone No.: o- 592- S 7I B) Land Application Site (WUP) The plan provides for minimum separations (buffers); adequate amonat of land for waste uttization; chosen crop is suitable for waste management; bydrAuEc and nutrient loading rates. Name of Technical Specialist (Please Print): t C-44 CGfFTo#1 Affiliation: PR i FARM c . Address(Agency): 14 7'c,,4 nl c_ _;1..8 52-1 Phone No.:91 o - 2- S 71 l Signature: At_ —Date: Daze: Z�.19 19-7 Q un fr Cant ols from-Egerior Check the appropriate box ■ Facility without exterior lots (SD or WUP or RQ This facility does not contain any exterior lots. 7 Facility with exterior lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by ARCS. Name of Technical Specialist (Please Print): G. Q1,-A i C41F7o4 Affiliation: % XGF Aler-5 arc.. Address(Aaencv): P. D LrAlroni A16 2-91219 Phone No.: 9- 59z -5'1-t t SIL,nature: Date: 5 9 9 7 AWC -- January- 1. IM 2 F...nfication and Handling Equipmgnt ,cx the appropriate box ■ Existing or expandin; ac' ity with existing waste application equipment (WUP or I) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates -not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has beett established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). New, expanded. or existing facility without existing waste application equipment for spray ntatio (1) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plats; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading testes; a schedule for timing of applications has been established; requited buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). 0 New, expanded. of existing facility without existing waste application equipment for land ,spreadingnYJEa mil, (WUP or I} Animal waste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area requited by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for tinting of applications has been established; requited buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). Name of Technical Specialist (Please Print): G. G ca<w tr CLtF7ooy Affiliation: fmrAigr+c.+c. Address(Agency): P 0. Box 4JTo� NC- S-M . Signature: effij!4i CG.Qf.... .. _Daze: E) Odor Control, Insect Control, Mortality Managemen and Emergency Action Plan MD. SI«'UP*„RC or I) Tfte waste management plan for this facility includes a Waste Management Odor Control Cheddist, an Insect Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sours of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have been selected and included in the waste management plan. Both the Moms iry Management Plan and the Emergency Action Plan ate complete and c�� n be implemented by this hc: ity. Name of Technical Specialist (Please Print): 6. GLEN a Cr-+ FTo-N Affiliation: ,PkEs A6E �narKS . _ 7.,ic_. Address(Agency): JP. D, 8n 4-3 CGtnr<a-! 'N G 2932-9 Phone No.-- 9+1) - %92_ 5-7-11 Signature: »r Date: E? Written Notice of hew or Expanding Sine farm The following signature block is only to be used for new or expanding swine farms that begin construction after June 21.1996. If the fadGty was built before ,tune 21,1996, when was it constructed or last expanded 1(w•e) certify tt= I (we) have attempted to contact by certified mail all adjoining property owners and all property owners who own property located across a public road, street. or highway from this new or expanding swine farm. The notice was In compliance with the requirements of NCGS 106-905. A copy of the notice and a list of the property owners notified is attached. Name of Land Owner: Signature• Date' Name of hlanager(if different from otsmer):- Signature Date: ANVC -- January- 1, 1997 3 III. Certification of Installation \ A) Collectipn. Storaee. Treatment IrLSWIation New. expanded or retr�fitted 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 melt or exceed the minimum standards and specifications For existing facilities without retrojits, no eerf ftcation is necessary. Name of Technical Specialist (Please Print): Affiliation: Address(Agency): Phone No.: Signature: .. Date: B} Land ARRUc2tion Site (VVUP) Check the appropriate box ❑ The cropping system is in place on all land as specified in the animaI waste management plan. ❑ 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 wasreutilization 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): Affiliation: Address(Agency): hone No.: Signature: Date: This following signature block is only to be used when the box for conditional approval in I L B above has been checked. I (we) certify that I (we) have committed to establish the crnppmg system as specified in my (our) waste utilization plan. acid if appropriate to establish the interim crop for erosion control. and will submit to DEVI a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) rw ize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEN_ Name of Land Owner: Signature: Date• Name of Ilianager(if different from owner):� Signature: Date: AWC — Jann2ry 1, 1997 4 x- (RC) 96hods to Wnimjzc the run off of pollutants from lounging and heavy use areas have been installed as specified i- in de Ply' Forfacilities without esterier lots, no terd'fication is necessary. of Technical Specialist (Please Print): r �t°n Phone (Agency).96 No. - . Ste: Date: - `= �)A lication and Handl'nz&uIpment b9allation ( TJP or I) the appropriate black ■ -Animal waste application and handling equipment specified in the plan is on, iite and ready for use. rait'bration and adjustnicat materials have been provided to the owners and are contained as part of the plan. ❑ Animal a asta application and handling equipment specified in the plan has not been installed but the on, = has proposed leasing or third patty application and has provided a signed contract; equipment specified in the contract agrees with the requi=eztKats of the plan. required buffers can be maintained; calibration and adj usunent guidance have been provided to the owners and are contained as part of the plan. ❑ Conditional approval: Animal waste application and handling equipment specified in the plan'has been purchased and will be on site and installed by (month/daylyear); there is adequate storage to hold the waste until the equipuient is installed and until the waste can be land applied in accordance with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are comauted as part of the plan. Dame of Technical Specialist (Please Print): Affiliation: T4EsTA6E F44r1S , =n1c . Address(Agency): •P O- &6__438 CC 0 N -(Div NC, 1 & 3_Z9 Phone No.: 9ro -S92— 5 771 Signature: A &a44AJ C,fn, The followin- signature block is only to be used when the box for conditional approval in III D above has been checked. I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management }clan and will submit to DEM a verification of delivery and installation, from a Technical -Specialist within 15 calendar days following the date specie the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste taanaganetn plan and will subject me (as) to an enforcement action find DEX Name of Land Owner • _ - _ ._____ _ ,._ . . �._ Signature- Date: Name of Alanager(if different from owner): Signature- Date: E) Odor Control, Insect Control and Mortality Management_ (SD,. SI. INIT, RC or D Methods to control odors and insects as specified in the Plan have been installed and are operational. The ..�= tnortalin• tnatmgement system as specified in the Plan has also been installed and is operational- -Name of Technical Specialist (Please Print):_6. GL°EN Ai CLI G7oN Affiliation: Pit e' �r AG a Fjo a r­s 620C.- Address(Aaency}: P. 0. 80 x :f38 COlur iotl n1 • . ag3Z9 Phone No.:cND 597-- S 71 Signature: Date: S g 97 AWC — lanuzun- 1. 1997 5 State of North State of North Carolina Department of Environment and Natural Resources Division of Water Quality ,lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Bill Prestage Prestage Farms, Inc. P0Box 438 Clinton NC 28328 Dear Mr. Prestage- February 13, 1998 RECEIVED 0 Z 19�°3 FAYETTEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Prestage Farms, Inc. Farm # 09-139 Case No. DD 97-010 Bladen County EC WASHINGTON OFFICE FEB 2 5 1998 D. E Ni. This letter is to acknowledge receipt of check No. 147008 in the amount of $4,479.19 received from Prestage Farms, Inc. on February 9, 1998. This payment satisfies in full the civil penalty levied against Prestage Farms Inc. and this case has been closed. Payments of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please don't hesitate to call Shannon Langley at (919) 733-5083, extension 581. SL /te cc: Washington Regional Office Enforcement/Compliance Files Central Files Sincerely, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina - 'Department of Environment, �Iealth an-d Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Bill Prestage Prestage Farms, Inc. P.O. Box 438 Clinton, NC 28329-0438 Dear Mr. Prestage: A&T44Fla .4a iiAlK �EHNR 7, 1998 FIECENED r v 0 9 1998 FAYETTEVI LLE REG. OFFICE Subject: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Prestage Farms, Inc. Bladen County Facility #: 09-139 DD 97-010 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $2,479.19 Should you choose to pay the penalty, you may tender payment to me at the letterhead address within 30 days of your receipt of this letter. Please make checks payable to the Department of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for full payment of the initial assessment. Should you choose to present your request to the committee, please notify me at the letterhead address on or before within 30 days of your receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% past -consumer paper .r -_Thank you for your cooperation in this matter. If you have any questions about this letter, please feel free to contact S 3armon. Langley at (919) 732-5083, extension 581. Sincerely, 1 A. Preston Howard, cc: DWQ Regional Office Enforcement file x n,�DSWC Animal Feedlot Operation Reviewer„ DWQ Animal Feedlot Operation Site Inspection Is Routine O Complaint O Follow-up of DWO inspection O Follow-up of DSWC review O Other I Date of Inspection>O- F�;cility Numbcr O l3 Time of Inspection E::= 24 hr. (hh:mm) Registered 0 Certified [] Applied for Permit 0 Permitted JE3 Not Operational I `Date Last Operated Firm Name: ............... . . x..'..I6..........-...... County:.........8(l''J.... ........................ ....................... Owner Name: ...... zv4t�.....`".,�".!.... .... Phone No: /U ���.......cs.%�............. r9.......... Facility Contact: .....] �¢� t r 1� . Title ............... Phone No. ................................. 32 Mailing Address: ......1`s...............rt� �r*/.^i.1!(.�r.......................... .. .........�8..�...... .......................... yr................. Onsite Representative:-.-......- ...... Integrator:....... , .... f /n�.r.............. Certified Uperatorz..--.., ft ✓ :1 -..�t .../[{.y S .............................. Operator Certification Number,....�� l/........j.................p...... Location of Farm: fie�••. �%d.eLif�,J_ ��� ,�,� �%� /,�Sd' .>f� /�iS/5�9 ,���X/rCt� �COr ............................................................................... Latitude ` 1 44 Longitude • 4 44 Design Current Design . Current Design Cu.. wv Swme•`: Capacity:.' Population ' '.. Poultry Capacity` Population. Cattle '_Capacity NPopulatiaa ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Nan -Dairy ❑ Other Total Design Capacity. Total SSLW Number of Lagoons / Holding Ponds, ❑ Subsurface Drains Present © Lagoon Area 10 Spray Field Area ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharue is observed, did it reach Surface Water" (If yes. notik, DWQ) c. If discharge is observed, what is the estimated flow in gaUniin° d. Does discharge by a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes fy No ❑ Yes tZ No ❑ Yes RNo ❑ Yes VNo _IVIA ❑ Yes ?3 No ❑ Yes 1�1,No ❑ Yes kTNo ❑ Yes ) No ❑ Yes FNo ❑ Yes N No Continued on back 7. Did the facility fail to have a certified operator in responsible charge? 7I25197 Facility Number: O 9 -- f 3 01 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes XNo Structures (LaQoons,Holdina Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes [RNo Structure I Structure 2- Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (ft):.....�,t!; l:f 2�........................................... 10. is seepage observed from any of the structures? ❑ Yes P No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ONo l2. Do any of the structures need maintenance/improvement? ❑ Yes' X No (1f any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes A No Waste Application 14. Is there physical evidence of over application? ❑ Yes JM No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ......Aer.. . .rt !?.h.�fClit�/...1101�p. ........................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes No 18. Does the receiving crop need improvement? ❑ Yes JV No 19. Is there a lack of available waste application equipment? ❑ Yes A No 20. Does facility require a follow-up visit by same agency? ❑ Yes kNo 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes *[No 22. Does record keeping need improvement? ❑ Yes ❑ No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ,M No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 14 No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes QUNo No_vioUtions•ai deficieitcies.were h6ted-du' ritig this'visiL- You`wi11 ikei i've:ito.ftirther-. correspondence about this'. visit'. Reviewerlins ector Name's ReviewerA nspect or Signature: Date: I —1,0� 2! % cs, Prestage Farms, Inc. March 29, 2000 Mr. Robert F. Heath Environmental Specialist North Carolina Department of Environment & Natural Resources Fayetteville Regional Office Division of Water Quality RE: Notice of Deficiency for Facility Nd. 09-139, PX-16- Dear Mr_ Heath: This letter is to inform the Division of Water Quality of what date the lagoons were lowered to the required freeboard level at the above facility. 1. The lagoon at PX-10 had 19" of freeboard on February 18`'. Please contact me should you need additional information. Sincerely, Randy Barefoot Department Director of Land and Nutrient Management HIGHWAY 421 SOUTH • P. O. BOX 438 - CLINTON, N. C. 28329-0438 • PHONE (910) 592-5771 %," zw NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 21, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Barefoot Prestage Fames P.O. Box 438 Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Px-10 Facility No. 09 -139 Permit No. AWS090139 Bladen County Dear Mr. Barefoot On January 27, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition lil.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 18 inches. General Permit condition V.3 states that `The maximum waste level in iagoonslstorage ponds shad not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard.'. The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also dose this event out within your file, if you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren - Bladen County NRCS 225 GREEN STREET, SUITE 714 / SYSYEL SLID. FAYETTEVILLE, NORTH CAROLINA 28301.5043 Fmo?4E 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Y NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 21, 2000 CERTIFIED MAIL_ RETURN RECEIPT REQUESTED Mr. Randy Barefoot Prestage Farms. P.O. Box 438 Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY P - 7A Facility No. 09 -141 Permit No. AWS090141 Bladen County Dear Mr, Barefoot On -January 27, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit The liquid level of the lagoon was reported as 18 inches. General Permit condition V.3 states that `The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoonststorage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional 1 fiat of structural freeboard.'. The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also dose this event out within your fie. if you have any questions conceming this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, r Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren - Bladen County NRCS 225 GREEN STREET, SUITE 714 / SYSTEL OLD, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PhoNE 910-486-1541 FA% 910.486.0707 AN EQUAL OPPORTUNITY / AFFIRMATIV$ ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 1, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bill Prestage Prestage Farms, Inc. (PX-10) P.O. Box 438 Clinton, NC 28328 Dear Mr. Prestage: OC 1 0 6 1997 FAYETTEVILLE REC. OFFICE SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2H .0217 Bladen County Farm #: 09-139 File No. DD 97-010 This letter transmits notice of a civil penalty assessed against Prestage Farms, Inc. in the amount of $4,479.19 including $479.19 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). 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: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, and Natural Resources (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: Mr. Steve W. Tedder Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. ' Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, le - A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Fayetteville Regional=superiiisor_w/ attaclunents Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling for violation(s) as set for in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, 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. This the day of , I9_. SIGNATURE 0K' xI TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN File No. DD 97-010 IN THE MATTER OF ) PRESTAGE FARMS, INC. ) PX-10 SOW FARM ) FINDINGS AND DECISION FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF 15A NCAC 2H .0217 ) CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following: I. .FINDINGS OF FACT: A. Prestage Farms, Inc. operates a concentrated animal operation in Bladen County known as the PX-10 Sow Farm. B. The PX-10 Sow Farm was deemed permitted as a nondischarge facility on December 7, 1993 in accordance with 15A NCAC 2H .0217. C. On February 25, 1997, DWQ staff observed a discharge of wastewater from PX-10 Sow Farm's associated spray fields Brown Marsh Swamp which is classified as "C- Swamp" waters of the State within the Cape Fear River Basin. E. Prestage Farms, Inc. had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totaled $479.19. Based upon the above Findings of Fact, I make the following: Ii. CONCLUSIONS OF LAW: A. Prestage Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. The Brown Marsh Swamp 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 is a violation of the nondischarge permit. E. Prestage Farms, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten.thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Prestage Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Prestage Farms, Inc. are hereby assessed a civil penalty of: $ fie'• ry _ for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217. TOTAL CIVEL PENALTY, which is y0 percent of the maximum penalty authorized by G.S. 143-215.6A. $ 479.19 Enforcement costs $ y'i �}. ! S TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G. S. 143B-2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) *A. Preston Howard, Jr., P.E., Director Division of Water Quality Prestage Farms, Inc. RECEIVE® October 22, 1997 O v i 2 3 1997 '-A YL rTE I LCE Mr. Ed Buchan Environmental Engineer NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville NC 28301-5043 Dear Mr. Buchan, In my written communication dated May 12 1997, regarding Preatage Farms Inc. PX-10, I outlined an action item #2 (f) to be completed by October 15, 1997. This action item #2 (f) has been completed. As stated in the item, we have renovated field #1 by disking, land smoothing to removed pockets for standing water, and re -seeded to fescue. Should you need clarification concerning the above item, please give me a call at 910-592-5771. Sincerely, 4�1 . &a4� C !nJ G. Glenn Clifton Technical Specialist HIGHWAY 421 SOUTH • R O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE (910) 592-5771 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Attn.: Bill Prestage Prestage Fauns, Inc. Y.V. Box 43S Clinton, NC 28329-0438 Dear Mr. Prestage: �EHt�IF=?L November 17, 1997 Subject: Remission Req uest of Civil Penalty Assessment Prestage Farm Bladen County Farm #: 09-139 DD 97-010 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is made concerning the request_ Cc: if you have any questions, please call Mr_ Shannon Langley at (919) 733-5083, ext. 581. Sincer ly, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch lFayetteviile Regional_Office w/attachments Enforcement File # DD 97-010 Shannon Langley w/3 attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Prestage ... Farms, In] November 3, 1997 1 Mr. Steve W Tedder Water Quality Section Chief Division of Water Quality P. O. Box 29535 Raleigh, NC 27626-0535 SUBJECT. Assessment of Civil Penalty/Bladen County Farm #09-139 Your File No. DD 97-010 Dear Mn Tedder: This letter is to advise you that Prestage Farms, Inc. (" Prestage'� has elected not to request an administrative hearing with regard to the above civil penalty assessment, as set forth in Mn A_ Preston Howard, Jr.'s October 1, 1997 letter. However, Prestage would like to request the Division of Water Quality to consider mitigation of the amount of the penalty. In that regard, we enclose the waiver and stipulation form enclosed with Mr. Howard's letter. Prestage requests a reduction in the penalty amount to $2,479.19, including enforcement costs. Prestage believes such reduction is justified for the following reasons. (a) One or more of the civil penalty assessment factors in G. S. 143B-282.1(b) were wrongfully applied to the detriment of Prestage; (b) Prestage promptly abated continuing environmental damage resulting from the spill; and (c) The spill was inadvertent and the result of an accident. The civil penalty assessment factors contained in G. S. 143B-282.1(b) are as follows: 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 air quality; 4. The cost of rectifying the damage; 5. The amount of money saved by non-compliance; 6. Whether the violation was committed willfully or intentionally; 7. The prior record of the violator in complying with or failing to comply with programs over which the Environmental Management Commission has regulatory authority; HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C. 28329-0438 - PHONE (910) 592-5771 Mr. Steve Tedder Page 2 November 3, 1997 8. The cost to the State of the enforcement procedures. A review of these eight factors indicates that the amount of the penalty should be reduced. In addition, reasons b. and c. set forth above are incorporated in those factors, and also justify a reduction in the penalty. 1. The _degree and extent 9f harm_tQ the natural resources of the State to the public health- or to ovate property resulting from the yiQlation Upon learning of the discharge, Prestage personnel took immediate action to mitigate the damage by creating beans in several locations in the spray field, damming a culvert under the farm road, and damming the state roadside ditch. The Wastewater accumulated in those sites was o s t,..1_ O'_`_o &.e spray �01,7, ,• � .+ Aid rot rain on Febr,.n,y 24t` or 25's, so Prestage believes that there was minimal damage to Brown Marsh Swamp. . 2, Ibc duration and gmli_IZEf the violation The spray field was turned on around 2:00 p. m. on February 24, 1997. Had the timer worked correctly, the spraying would have ceased at 4:00 p. m. on February 24�. Had Mr. Sanderson followed company policy and checked the spray field, the spraying would have ceased at 6:00 p. m. on February 2e. The discharge was discovered around noon on February 25, 1997. Prestage estimates that the spray field could have held the wastewater well beyond 6:00 p. m. on February 24'h, the time which Mr. Sanderson should have returned. 3. ]Jae_e_ffecl ou ground or surface water ai y or quality or air quualit�: See T 1 above. 4. The cost of rectifying the__dam= Prestage Farms has borne the entire cost of rectifying the damage. The remedial measures taken are described in I 1 above. Prestage estimates that cost to be in excess of $3,000. S. Thno]jnt g_f money saved by non-compliance Prestage did not save any money because of the non-compliance; in fact, expenses other than normal were incurred by Prestage as a result of this non-compliance. The incident in question was due in part to mechanical failure and was entirely accidental. Your office already has correspondence from Prestage responding to the initial Notice of Violation from Glenn Clifton, Technical Specialist, and Wayne O. Sanderson, the employee who Was directly involved at the time of the spill. Copies of that correspondence are enclosed. That correspondence clearly establishes that the spill was accidental, caused by a malfunctioning timer. In addition, had Mn Sanderson followed company policy and checked the field every four hours, the spill would not have occurred, and there would have been no cost to Prestage. 6. Whetherrthe violation was committed -willfully or intentionally As discussed in $ 5 above, the violation was neither willful nor intentional. Steve Tedder Page 3 November 3, 1997 7. The prior record of the ,violator in, complying_with or failing to comply, with proms over which the Environmental Mana-aernent Commission has regulatiory authority Although Prestage owns and operates over 40 hog farms in North Carolina, there has been only one prior violation in the 14 year history of the company. That occurred in 1996, and resulted in a civil penalty of $2,412.22, which Prestage paid. In addition, Prestage contracts with over 200 independent swine producers, who also have an excellent environmental record. S. The cost to the Sate of the enforcemnnt._procedures The State has estimated its enforcement costs to be $479.19. Prestage does not dispute those costs. Prestage recognizes ha—, ,':e '~uect - cf t!-:E Di:.E:c-- _ r `Va' -- Q,_ ';- has rot iss�na the maximum penalty, and obviously has taken these factors into account to some degree. Prestage recognizes its responsibility for its equipment and employees, and consequently has not sought to challenge the Director's decision by filing a request for an administrative hearing However, as discussed above, since this spill was an isolated incident; was unintentional, and was promptly and thoroughly abated by Prestage employees, Prestage " believes that a lower penalty amount is warranted. Prestage Farms takes pride in ensuring everything possible is done to keep its operations in compliance with state regulations, and that when errors do occur, they are corrected promptly. We believe that this was done in this case, and respectfully request that the Division consider mitigating the civil penalty assessed to the amount of $2,000, together with the Division's enforcement cost of $479.19, for a total amount of $2,479.19. Very truly yours, PRESTAG�S, INC. % Bill Prestage President Enclosures kk\wb\p-9dwq.msw STATE OF NORTH CAROLINA ENVIRONMINTAL MANAGEMENT COUNTY OF B L A D E N COMMISSION IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF C IL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. 0 9 -13 9 ) STIPULATION OF FACTS FUI ENO. DD 97-010 Having been assessed civil penalties totalling $ 4. 4 7 9. 19 for violation(s) as set forth in the assessment document of the Dixector of the Division of Water Quality dated, September 8, 1997 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -sue matte. --a" does stipulate that the facts are as alleged in the assessment document. This the 3 rd day of November 1927 SIGNATURE ADDRESS Prestage Farms, Inc. P. 0. Box 438 Clinton, North Carolina'28329 TELEPHONE C910) 592-5771 Prestage Farms, Inc. March 19, 1997 Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayen--. ille Regional OTC-- Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: Subject: Response to Notice of Recommendation for Enforcement PX-10 From the Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX-10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. We at Prestage Farms, Inc. have read Wayne Sander -sods account of the events of February 24, 1997, and agree with all the information in the letter he wrote to Ed Buchan (copy enclosed). It is the policy of Prestage Farms that an irrigation system be checked every four hours while effluent is being applied. We chose to take employee disciplinary action in this situation as company policy was violated. Since that time, W. Sanderson has resigned employment with Prestage Farms of his own free will. We understand that there were unusual circumstances in this situation --the malfunction of the timer and the transmission of Mr. Sanderson's truck. However, Mr. Sanderson had a radio in his truck and could have reached another employee and asked for assistance in checking the irrigation system_ Also, he could have gained access to a telephone, and called for assistance. Should you need any clarification of the information contained in this communication, do not hesitate to call me at (910) 592-5771. Sincerely, Glenn Clifton Technical Specialist GC: kk Enclosure Wayne O. Sanderson - Cert. # 17903 150 Kader Merritt Road Rose Hill, NC 28458 910-532-4065 Ed Buchan 225 Green Street Wachovia Bldg, Suite 714 Fayetteville, NC 28301-5043 Dear Sir: I am writing to inform you of the events of February 24, 1997. I am an employee of Prestage Farms. One of my responsibilities is waste management of farms P-10, P-I5, P-17A and P-i7B in Bladen County. I was operating the irrigation systems on these far.:s L_ I-- F,-`:_ •'a- dv. It was 2:00 wh•e_+ 1 started the system— on P-10. It bas a 10hp electric pump with a timer and 10 sprinklers that are moveable. I set the timer for two hours and moved on to the next farm. After making the rounds to the *A?*+g 1rms I left P-17B on NC Hwy 87 S around 4:30- 5:00pm. My plan was to backtrack checking all of the pumps I had started earlier. My truck, Prestage #528, would not shift out of low gear. I called the shop and got the voice mail. I decided to try to make it buck to Eliza a Mown, however the truck continued to shift in and out of high gear. I was approaching the western side of White Lake when high gear went out . I drove to the Scotchman in White Lake (2 miles) in low gear. There, I checked the transmission fluid. It was lull, but I added a quart anyway. I called the shop again and they advised me to try to make it back to the Prestage office and garage. This would have been about a 30 mile drive. When the truck continued to shift form high to low I decided that it might not make the trip. I drove to my own hog farm in Harrells because it was about half the distance and the truck could be secured until it could be picked up. The high gear went out about halfway there and I drove the remaining 7-8 miles at approximately 15-20 mph. The truck had to be picked up with a wrecker the next morning and taken for repairs at Hi Tech Transmission in Fayetteville. This was the chain of events that prevented me from returning to P-10 to varify that the pump had shut oi£ Needless to say, it had not. The next morning I found out that it had continued to run until noon. I checked the timer and found that it was hung on 2 hours. This is not an attempt to make excuses. I simply want to make sure the facts surrounding the event are clear. I would life to request that my certificate NOT be revoked. I own my own hog farm and it is necessary for this operation_ I am requesting, however, that my name and certificate number be removed from any farm that Prestage owns_ I will not put my certificate in jeopardy again, for anyone. Sincerely, Wayne O. Sanderson 9 Prestage Farms, Inc, March 31, 1997 VIA FACSIMILE -- TO FOLLOW BY CERTIFIED MAIL Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, s-TO-lth and Natures Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: Subject: Response to Notice of Violation from Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX-10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. Per your request, I am submitting a response of corrective actions taken or planned by Prestage Farms regarding three (3) items you outlined in your communica- ation. 1. Prestage Farms personnel took action to immediately eliminate discharge and created berms in several locations in the spray field to contain the wastewater on site. A culvert under the farm road was dammed -up at the inlet end, and the state road side ditch also was dammed to prevent discharge. The accumulation of wastewater at these two sites was pumped back on the spray field as to the best of our ability. This section of the spray field has been allowed to dry before any further application. 2. The pump's timer switch which malfunctioned and resulted in the over -application of effluent at PX-10 has been replaced. In addition, all certified operators -in -charge for Prestage Farms have been required to review procedures regarding the use of such timers and the monitoring of application events. (Note: Company procedures require operators to check application sites and pumps at least every four hours or less. Certain farm sites are designated such that operators must remain on -site during entire application events.) Detailed internal communication policies are currently being designed that will require notification of other personnel for back-up monitoring in case of emergencies or situations that would not permit frequent monitoring of the application site by the designated operator -in -charge (as occurred on February 24, 1997 at PX-10 when the operator's vehicular problems prevented him from returning to the application site). HIGHWAY 421 SOUTH - P. O. BOX 438 - CLINTON, N. C_ 28329 • PHONE (910) 592-5771 Mr. Kerr T. Stevens Page 2 March 31, 1997 3. Mr. Sam Warren of the USDA -Natural Resources Conservation Service in Bladen County has been contacted to review PX-10's waste management plan. We are currently implementing some erosion control practices around the farm site, reseeding some areas, and adding to the spray field before obtaining a certified waste management plan. The date of 5/9/97 will be met in obtaining this plan. It is the intent of Prestage Farms to comply in entirety with the conditions set forth by your office and act in a manner of cooperation and timeliness in our efforts. Should you have questions or comments regarding any of these actions as outlined above, please do not hesitate to contact me at (910) 592-5771. Sincerely, Glenn Clifton Technical Specialist dj Prestage Farms, Inc. May 12, 1997 Mr. Ed Buchan Environmental Engineer NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Buchan: A14 Y 1 9 1997 As requested from the Fayetteville Regional Office, Division of Water Quality, the following items have been addressed: 1. Discharge of wastewater was immediately eliminated. 2. The Waste Utilization Plan was reviewed and modified to reflect the most current USDA-NRCS standards, such as the following: a) Reduced nitrogen and application rate. b) Additional land for spray field. c) Additional irrigation system installed. d) An operation and maintenance plan for an irrigation system is being developed. In addition, we will follow this plan of action: e) By May 31, 1997, the areas in field #1 (fescue) that have bare spots will be seeded to millet as a summer temporary cover and continue to graze this field. f) By October 15, 1997, we will renovate field # 1 by disking, land smoothing to remove pockets for standing water, and re -seed to fescue. g) When irrigation occurs at PX-10, an operator in charge will remain on site to evaluate the system and spray field to prevent over application. h) Application records will be maintained by operator in charge. 3. We have obtained and are implementing a Certified Waste Management Plan as of May 9, 1997. HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 - PHONE (910) 592-5771 Should you need clarification concerning any of the above, please contact me at 910-592-5771. Thank you for the cooperation shown by your office, as we have worked to respond in a timely and responsible manner regarding this situation. Sincerely, .4. Cq(L G. Glenn Clifton Technical Specialist Animal Waste Management Plan Certification (Please type or print all information that does not require a signature) Existin or New or Expanded ( lease circle one) General Information: Name of Farm: E e. -1 O _ Facility No: o 5 ► 39 Owner(s) Name: PRE:STA Grc F--A RMS :roc-, Phone No: 91A -59Z -5771 Mailing Address:P.0•.8ox 4238 _CLiNTa1d aG ,Z83z9 Farm Locarion: County Farm is located in: j_-A❑EN Latitude and Longitude: 2 30' 3S M / 78° -+s • ,ot, Please attach a copy of a county mad map with Iocation identified and describe below (Be specific: road names, directions, milepost, etc.): P PFAD x 3. o PA e,. e5 vJEs-r_ �� A 6 ]So r rs e o a &- ®n, S R 17Z Operation Description: ripe of 5uzne No. of Animals • We= to Feeder • Feeder to Finish • Farrow to Wean ■ Farrow to Feeder C.Z¢ „ • Farrow to Finish Type of Poulrry No- of Animals Type of Cattle No. of Animals * Layer 0 Dairy * Pullets 0 Beef Other Ttpe of Lhvsroak Number of Animals: Fa�paadbeg 4LV- iaa Only. - - ;� _ Previous Design' 'Capaii'y - _ T� IN Addtrwna! Deli rzcxr : �. .. �. Total Design Ca acin•. Acmagge Available for Application: 37 Rognired Acreage: ZI& Number of Lagoons / Storage Ponds: 1 Total Capacity: 50f2 o Z. Cubic Feet (0) Are subsurface drains present on the fain: YES or NO (please circle one) If YES: are subsurface drains present in the area of the LAGOON or SPRAY FOLD (please circle one) Onmer / Manager Agreement i (we) verify that all the above information is cam = and will be updated upon cbanginS. I (we) understand the operation and maintenance procedures establisfied in the approved animal waste management plan: for the farm iiamed 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 stacked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface watccts 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 most not be run-off from the application of animal waste_ 1(we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Nlaturel Resources Cattsenration Service. The approved plan will be filed at the farm and at the Office of the local Soil and Water Consrn•ation District_ I (we) know that any modification trust be approved by a technical specialist and submitted to the Soil and Water Consemation District prior to implementation_ A change in land ownership requites'Written notification to Dill or a new ton (if the�proVed plan is^ ged) wi days of a tide transfer. Name of LarifMrrWr : J-tX . /3%/ 304^1 ErMiF - Signature: Name of Man ger(if different from owner): Date: S, Signature: Date: ANVC -- januan' 1.1997 r- J F Technical Specialist Certification L As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005. I certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service (MRCS) andlor the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.02I7 and 15A NCAC 6F .0001-.0005. The following elements are included in the plan as applicable_ While each category designates'a technical specialist who may sign each certification (SD. SI, WUP, RC,1). the technical specialist should only certify parts for which they are ttxhnicaliy competent. IL Certifieadon of Design A) Collection. Storag%-jreatment Syg= Check the uppropriare box ■Existing facility wit ut retmfit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization rerlettr�nts. : New- ex a d d gL=fitted facility (SD) Animal waste storage and u=ncw strucuuas, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): 8. G LENN CcI FigAI Affiliation: PAE57U-6 FARMS�7 [ •_�... _ _ Address(Agency): PO. Box 436 LIN Teel N c- Z8 32.9 Phone No.:9la- 5`32. 571 1 Signature: k, Date: 512191 B) Land Application Site (WUP) The plan provides for minimum separations (buffers); adequate amount of land for waste utffizad= chosen crop is suitable for waste management; hydraulic and nutrient loading rates. Name of Technical Specialist (Please Print): G', . G L&44 C i,r F To,✓ Affiliation:_ P,?g5`AC� erns ., Zn c , - Address(Agency): p• 0 • &x ±M f' IM Yo„t N c 18 329 ^Phone No..91e - 592- 5 771 Signature; 6d. ��) CPA 1;-� - - Daze: s1919? C) Runo-IT-GontrolsAgm Exterior JAU Check the appropriate box ■ Eacility without eXtej:jor lots (SD or WUP or RQ This facility does not contain any exterior lou. aci i exteTior lots(RC) Methods to minimize the run off of pollutants from lounging and hm%y use areas have been designed in accordance with technical standards developed by ?FRCS. Fame of Technical Specialist (Please Print):_r. G[ENN O-lrron/ Affiliation: !mac` ARM-5 arc Address(Aaencv): P.O.GrNionl NG 25329 Phone Na.: 9- 59L -5-t-t t Signature: aAk, Date: 51.9 197 ANVC — january 1.1.997 2 if 4A . 9EIcation and IiandlingEguipEuent tke appropriate box . LF, ■ Existing or e� xnandi�t ac' ity with existing waste-4ppTjcattop„gqulpnt (WUP or I) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates -not to exceed either the specified hydraulic or nutrient loading ratesa schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan) ❑ New. expanded,-9rexistine facility without existing waste annlication_coubment for sntav r�r atiot . (I) Animal waste application equipment specified in the plan has been designed to apply waste as n=ssary to accommodate the waste management plan. (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). 0 New, expanded, or existing facility without existing _wastg-applicataon_ quinment for land Vieading not u i a Wray iEjg@fion. (WUP or I) Animal waste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates;.a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance ate contained as part of the plan). Name of Technical Specialist (Please Print): G. G c.rw nl CI-tFYoN Affiliation: Ie�rA_ ;�AQ�,-r 7-�►c. — _ -- Address(Agency): P 0. Sox t•INTbN �L 3Z9 Phone No: `31a -59Z� S��L Signature: �. p, i_�f t•F: Date: ��s�9 7 E) Odor Control, Insect Control. Mortality Management and Emergency ActignFlan GD, SI N'VUP. RC or I) The waste management plan for this facility includes a Waste Management Odor Control Checklist. an Insect -Control Checklist. a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have bees selected and included in the waste uanagement plan. Both the Mortality Management Plan and the Emergency Acdon Plan are complete a�d ran be implemented by this facility. Name of Technical Specialist (Please Print): G. GL.EN +J Cc-+ F -row Affiliation: &ESLAO 128014 A 7_14c. Address(Agency): P.D. $ox 43 eLar4 o.J N G 29 32- Phone No.: -)+o - %92- 5-711 Signature: A. A.w*J C4tCt-*• — — --- Date:, 519 f 9 - - F) Written Notice of New or ExpandinLy Swine Farm The following signature block is only to be used for new or expanding swine farms that begin construction after June 21,1996. If the facility was built before June 21,1996, when was it constructed or last expanded • I (we) certify thin I (we) have attempted to contact by certified mail all adjoining property owners and all property owners who ou-n propcsry located across a public road, street. or highway from this new or expanding swine farm. The notice was in compliance with the requirements of NCGS 106405. A copy of the notice and a list of the property owners notified is attached. Name of Land 0%vner Signature: Date: Name of Manager(if different from owmer): Signature Date: AWC -- Jancary 1, 1997 3 III. Certification of Installation \ A) Collection. Storage: Treatment Installs i n 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 cerrykation is necessary. Name of Technical Specialist (Please Print): Affiliation: Addims(Agency): Phone No.: Signature: ate: B) Land ApRlication Site (WUP) Check the appropriate box ❑ The cropping system is in place on all land as specified in the animal waste management plan. ❑ 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 establishh the vegesarion as specified in the plan.by (month/day/year); the proposed cover crop is appropriate for compliance with the wasteotilization plan. U 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): Affiliation: Address(Agency): Phone -No.: Signature: Date: This following signature blocks_ only to be used when the box for conditional approval in 13L B. above has been checked. I (We) certify that I (we) have committed to estabtish 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 Technical 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 map ment plan and will subject me (us) to an eaforown= action from DE4l. Frame of Land Owner: Signature: Date: Name of illatnager(if different from owner): Signature: Date: .t1WC — January 1, 1997 4 a, t (RQ W , e or Jotj ��,ods to �inimiu the run off of pollutants from lounging and heavy use areas have been installed as specified go cite plan. For facMies without erterfor lots, no certification is necessary. �e Technical Specialist (Please Print): hone No. Agency): _ Dater D) tion and HandlingEguinme� aJMon (WUP or 1) CUa the appropriate block ■ . Animal waste application and handling equipment specified in the plan is on site and ready for use; calibration and adjustment materials have been provided to the own s and art: contained as part of the plan- 0 Animal uwte application and handling equipment specified in the plan has not beta installed but the owner has proposed leasing or third patty appiicanioa and has provided a signed contract; egmpaoeat specified in dhe contract agrees With the regaimaeats of the plan; required buffers can be maintained; calibration and : adjustment guidance have been provided to the owners and am contained as part of the plan. 0 Conditional approval: Animal waste application and handling equipment specified in the plan has been. purchased and will be on site and installed by (month/day/year); there is adequate stamp to hold the waste until the equipment is instaIled and until the waste can be land applied in accordance with the cropping s3-stern contained in the plan: and calibration and adjustment guidance have been provided to the ou-ners and are contained as part of the plan. Name of Technical Specialist (Please Print): G; Affiliation: -?Q E%TA6E Fd QmS , =nlc . — _ - Address(Agen cy): -P O. 438 CL 1 N 7DN _ NG ? S 3 Z g Phone No.:9 ro -5`32-, 5 771 Signature: A. &244AJ jutw.,... _ _ _ _ ------Date: Sf 9(97_ The following signature block is only to be used when the box for conditional approval in III D above has been checked. I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation from a Technical -Specialist within IS calendar days following the date specifigJA the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (as) to an enforcement action from DO& Name of Land Osiner Siggnature: Date: Tame of Afanager(if different from owner):_,, Signature: _ - _ _ _ Date: E) Q&r Control, Insect Control and Mortalift' Management (5D I WUP. RC or ID Methods to control odors and insects as specified in the Plan have been installed and are operational- The. mortality ma=-vement systern as specified in the Plan has also been installed and is ope atonal. -Name of Technical Specialist (Please Print): G. GcrEa N Cc r t—o Affiliation: PRE7-6rAr,re- r=Aar--s Address(Aaency): P.D. Sax 1,38 CLf lows N • c . o83Z9 Phone No.:41b 59t.- S 77 Si -mature: , A. d*3"J eu - _ Date: - s 9? r-- AWC — Janua -y I. 1"7 Prestage Farms, Inc. March 31, 1997 VIA FACSBELE -- TO FOLLOW BY CERTIFIED MAIL Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: APR 0 1 1997 Fr' IETT-i# � i '. , REG. 0FF110E Subject: Response to Notice of Violation from Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX 10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. Per your request, I am submitting a response of corrective actions taken or planned by Prestage Farms regarding three (3) items you outlined in your communica- ation. 1. Prestage Farms personnel took action to immediately eliminate discharge and created berms in several locations in the spray field to contain the wastewater on site. A culvert under the farm road was dammed -up at the inlet end, and the state road side ditch also was dammed to prevent discharge. The accumulation of wastewater at these two sites was pumped back on the spray field as to the best of our ability. This section of the spray field has been allowed to dry before any further application. 2. The pump's timer switch which malfunctioned and resulted in the over -application of effluent at PX-10 has been replaced. In addition, all certified operators -in -charge for Prestage Farms have been required to review procedures regarding the use of such timers and the monitoring of application events. (Note: Company procedures require operators to check application sites and pumps at least every four hours or less. Certain farm sites are designated such that operators must remain on -site during entire application events.) Detailed internal communication policies are currently being designed that will require notification of other personnel for back-up monitoring in case of emergencies or situations that would not permit frequent monitoring of the application site by the designated operator -in -charge (as occurred on February 24, 1997 at PX-10 when the operator's vehicular problems prevented him from returning to the application site). HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Mr. Kerr T. Stevens Page 2 March 31, 1997 3. Mr. Sam Warren of the USDA -Natural Resources Conservation Service in Bladen County has been contacted to review PX-10's waste management plan. We are currently implementing some erosion control practices around the farm site, reseeding some areas, and adding to the spray field before obtaining a certified waste management plan. The date of 5/9/97 will be met in obtaining this plan. It is the intent of Prestage Farms to comply in entirety with the conditions set forth by your office and -act in a manner of cooperation and timeliness in our efforts. Should you have questions or comments regarding any of these actions as outlined above, please do not hesitate to contact me at (910) 592-5771. Sincerely, '6 bY[lY1J -n'/4 Glenn Clifton Technical Specialist dj Prestage Farms, Inc. May 28, 1997 Mr. Ed Buchan NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Buchan: RECEIVE,) JJN 0 2 1997, LE REG. OFFICE In my written communication dated May 12, 1997, regarding Prestage Farms PX-10,1 outlined some action items to be made on the farm by May 31, 1997. This is a summary of our actions to date. 1. The operation and maintenance plan for the irrigation system is in place. 2_ Bare spots in field #1 (Fescue) has been seeded to millet as a summer temporary cover. 3. Company policy on this farm (PX-10), is for the operator in charge to remain on site during an irrigation event to evaluate the system and spray fields to prevent over application. Should you need clarification regarding this information, please give me a call at (910) 592-4776 ext. 249. Sincerely, 'd . J11..-...--- C Glenn Clifton Technical Specialist GC/ch HIGHWAY 421 SOUTH * P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Wayne O. Sanderson - Cert. # 17903 RECEIVED150 Kader Merritt Road Rose Hill, NC 28458 910-532-4065 MAR 101991, Ed Buchan R ETl'jLLE 225 Green Street Wachovia Bldg, Suite 714 O. OFFiFE Fayetteville, NC 28301-5043 Dear Sir: I am writing to inform you of the events of Febniary 24, 1997. I am an employee of Prestage Farms. One of my responsibilities is waste management of farms P-10, P-15, P-17A and P-17B in $laden County. I was operating the irrigation systems on these farms on this particular day. It was 2:00 pm when I started the system on P-10. It has a I0hp electric pump with a timer and 10 sprinklers that are moveable. I set the timer for two hours and moved on to the next farm. After making the rounds to the remaining farms I left P-17B on NC Hwy 87 S around 4:30- 5:00pm. My plan was to backtrack checking all of the pumps I had started earlier. My truck, Prestage #528, would not shift out of low gear. I called the shop and got the voice mail. I decided to try to make it back to Elizabethtown, however the truck continued to shift in and out of high gear. I was approaching the western side of White Lake when High gear went out . I drove to the Scotchman in White Lake (2 miles) in low gear. There, I checked the transmission fluid.. It was full, but I added a quart anyway. I called the shop again and they advised me to try to make it back to the Prestage office and garage. This would have been about a 30 mile drive. When the truck continued to shift form high to low I decided that it might not make the trip. I drove to my own hog farm in Harrells because it was about half the distance and the truck could be secured until it could be picked up. The high gear went out about halfway there and I drove the remaining 7-8 miles at approximately 15-20 mph - The truck had to be picked up with a wrecker the next morning and taken for repairs at Hi Tech Transmission in Fayetteville. This was the chain of events that prevented me from returning to P-10 to varify that the pump had shut off. Needless to say, it had not. The next morning I found out that it had continued to run until noon. I checked the timer and found that it was hung on 2 hours. This is not an attempt to make excuses. I simply want to mare sure the facts surrounding the event are clear. I would like to request that my certificate NOT be revoked. I own my own hog farm and it is necessary for this operation. I am requesting, however, that my name and certificate number be removed from any farm that Prestage owns. I will not put my certificate in jeopardy again, for anyone. Sincerely, Wayne O. Sanderson Prestage Farms, Inc. March 19, 1997 Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: AIAR 71 FAQ v 4_" OO Fi iE Subject: Response to Notice of Recommendation for Enforcement PX-10 From the Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX-10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. We at Prestage Farms, Inc. have read Wayne Sanderson's account of the events of February 24, 1997, and agree with all the information in the letter he wrote to Ed Buchan (copy enclosed). It is the policy of Prestage Farms that an irrigation system be checked every four hours while effluent is being applied. We chose to take employee disciplinary action in this situation as company policy was violated. Since that time, Mr. Sanderson has resigned employment with Prestage Farms of his own free will. We understand that there were unusual circumstances in this situation --the malfunction of the timer and the transmission of Mr. Sanderson's truck. However, Mr. Sanderson had a radio in his truck and could have reached another employee and asked for assistance in checking the irrigation system. Also, he could have gained access to a telephone, and called for assistance. Should you need any clarification of the information contained in this communication, do not hesitate to call me at (910) 592-5771. Sincerely, Glenn Clifton Technical Specialist GC:kk Enclosure HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Wayne O. Sanderson - Cert. # 17903 150 Kader Merritt Road Rose Hill, NC 28458 910-532-4065 Ed Buchan 225 Green Street Wachovia Bldg, Suite 714 Fayetteville, NC 28301-5043 Dear Sir: I am writing to inform you of the events of February 24, 1997. I am an employee of Prestage Farms. One of my responsibilities is waste management of farms P-10, P-15, P-17A and P-17B in Bladen County. I was operating the irrigation systems on these fawns on this particular day. It was 2:00 pm when I started the system on P-10. It has a 10hp electric pump with a timer and 10 sprinklers that are moveable. I set the timer for two hours and moved on to the next farm After making the rounds to the remaining farms I left P-17B on NC Hwy 87 S around 4:30- 5:00pm. My plan was to backtrack checking all of the pumps I had started earlier. My truck, Prestage #528, would not shift out of low gear. I called the shop and got the voice mail- I decided to try to make it back to Elizabethtown, however the truck continued to shift in and out of high gear. I was approaching the western side of White Lake when high gear went out. I drove to the Scotchman in White Lake (2 miles) in low gear. There, I checked the transmission fluid. It was full, but I added a quart anyway. I called the shop again and they advised me to try to make it back to the Prestage office and garage. This would have been about a 30 mile drive. When the truck continued to shift form high to low I decided that it might not make the trip. I drove to my own hog farm in Harrells because it was about half the distance and the truck could be secured until it could be picked up. The high gear went out about halfway there and I drove the remaining 7-8 miles at approximately 15-20 mph. The truck had to be picked up with a wrecker the next morning and taken for repairs at IR Tech Transmission in Fayetteville. This was the chain of events that prevented me from returning to P-10 to varify that the pump had shut off. Needless to say, it had not. The next morning I found out that it had continued to run until noon. I checked the timer and found that it was hung on 2 hours. This is not an attempt to make excuses. I simply want to make sure the facts surrounding the event are clear. I would like to request that my certificate NOT be revoked. I own my own hog farm and it is necessary for this operation. I am requesting, however, that my name and certificate number be removed from any farm that Prestage owns. I will not put my certificate in Jeopardy again, for anyone. Sincerely, Wayne O. Sanderson . 4 . State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr.. Governor Jonathan B. Howes, Secretary DIVISION OF WATER (QUALITY March 7, 1997 Mr. Bill Prestage Prestage Farms, Inc. P.O. Box 438 Clinton, NC 28328 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 PX-10 Swine Farm 09-139 Bladen County Dear Mr. Prestage: 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 211 .0217 Permit. In response to citizen complaint on February 25, 1996, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located off SR1172. The inspection revealed animal waste had been applied in such a manner that caused significant amounts of wastewater to runoff the spray field and enter a nearby wetland area. This wetland area is a tributary to Broom Marsh Swamp and is considered waters of the State and consequently is classified as Class "C-SW" waters. Farm staff present during the investigation indicated that a timer, which was designed to stop the lagoon pump, failed and subsequently allowed the irrigation system to apply waste continuously for 23 hours. This over -saturation clearly caused the discharge of waste to surface waters of the State as documented during the investigation. To prevent discharge problems in the future, it may become necessary to avoid reliance on pump timers and require farm staff to frequently monitor the condition of the spray field. Wachovia Building, Suite 714, Fayetteville N%0 � FAX910-48"707 .North Carolina 28301-5M An Equal Opportunity Affirmative Action Employer Voice 910-488-1541 50% recycled/ 10% post -consumer paper . � 1 Mr. Prestage Page 2 3r6/97 The Division of Water Quality requests that the following items be addressed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Obtain and implement a Certified Waste Management Plan by no later than 5/9197. 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 more than $10,000.00 per day per violation. Please provide a written response to this office on or before March: 31, 1997 regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Ed Buchan, Environmental Engineer, at (910) 4$6-1541. Sincerely, a 4. Kerr . Stevens Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh 1< State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office. James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary F1.005;WA 1:3EF.HNF;Z DIVISION OF WATER QUALITY March 7, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bill Prestage Prestage Farms, Inc. P.O. Box 438 Clinton, NC 28328 Subject:.Notice of Recommendation for Enforcement PX-10 Swine Facility Facility No. 09-139 Bladen County Dear Mr. Prestage, 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 PX-10 Swine Farm of North Carolina General Statute 143-215.1 for discharging wastewater to the surface waters of the State from a non discharge facility on February 25, 1997. If you have an explanation for this violation that you wish to present, please respond to this office on or before March 19, 1997. 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. If you have any questions concerning this matter, please contact me at (910) 486-1541. Sincerely Ker T. tevens Regional Supervisor cc: Sue Homewood - Compliance Group Central Files Wachovia Building, Suite 714, FayettevElle N� ,4 FAX 910-48640707 North Carolina 28301-5043 � C An Equal Opportunity Affirmative Action Employer Voice 91a48&1541 50% recvcled/11]1°16 nost-cons mer paper March 31, 1997 VIA FACSIR111LE -- TO FOLLOW BY CERTIFIED MAIL Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: Subject: Response to Notice of Violation from Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX-10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. Per your request, I am submitting a response of corrective actions taken or planned by Prestage Farms regarding three (3) items you outlined in your communica- ation. 1. Prestage Farms personnel took action to immediately eliminate discharge and created berms in several locations in the spray field to contain the wastewater on site. A culvert under the farm road was dammed -up at the inlet end, and the state road side ditch also was dammed to prevent discharge. The accumulation of wastewater at these two sites was pumped back on the spray Field as to the best of our ability. This section of the spray field has been allowed to dry before any further application_ 2. The pump's tuner switch which malfunctioned and resulted in the over -application of effluent at PX-10 has been replaced. In addition, all certified operators -in -charge for Prestage Farms have been required to review procedures regarding the use of such timers and the monitoring of application events. (Note: Company procedures require operators to check application sites and pumps at least every four hours or less. Certain farm sites are designated such that operators must remain on -site during entire application events.) Detailed internal communication policies are currently being designed that will require notification of other personnel for back-up monitoring in case of emergencies or situations that would not permit frequent monitoring of the application site by the designated operator -in -charge (as occurred on February 24, 1997 at PX 10 when the operator's vehicular problems prevented him from returning to the application site). HIGHWAY 421 SOUTH - P. O_ BOX 438 - CLINTON, N_ C. 28329 - PHONE (910) 592-5771 U31/31/97 MON 16_ 15 FAX 910 592 9552 PRESTAGE FARMS 0003 Mr. Kerr T. Stevens Page 2 March 31, 1997 3. Nir. Sam Warren of the USDA -Natural Resouxces Conservation Service in Bladen County has been contacted to review PX-10's waste management plan. We are currently implementing some erosion control practices around the farm site, reseeding some areas, and adding to the spray field before obtaining a certified waste management plan. The date of 5/9/97 will be met in obtaining this plan. It is the intent of Prestage Farms to comply in entirety with the conditions set forth by your office and act in a manner of cooperation and timeliness in our efforts. Should you have questions or comments regarding any of these actions as outlined above, please do not hesitate to contact me at (910) 592-5771. Sincerely, Glenn Clifton Technical Specialist dj State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office . James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A Iffl?WA IT 0 0. 461A0W%%W0-%E0N 1DaHNFZ DIVISION OF VAVM QUMX" March 7, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bill Prestage Prestage Farms, Inc. P.O. Box 438 Clinton, NC 28328 Subject:.Notice of Recommendation for Enforcement PX-10 Swine Facility Facility No. 09-139 Bladen County Dear Mr. Prestage, 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 PX-10 Swine Farm of North Carolina General Statute 143-215.1 for discharging wastewater to the surface waters of the State from a non discharge facility on February 25, 1997. If you have an explanation for this violation that you wish to present, please respond to this office on or before March 19, 1997. 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. If you have any questions concerning this matter, please contact me at (910) 486-1541. Sincerely t ! Rer T. tevens Regional Supervisor cc: Sue Homewood - Compliance Group Central Files WoChovia &Adng. Suite 714, Fayeftevft FAX 9104860707 North Carolina 28301..5043 N 114), C M Equci OpportuNty At'lrrr ve Act{ Errooyer vrdr.eolrl nA.-1u, -- -•-- - __-_ —_____ Mr. Prestage Page 2 3f6l97 Ile Division of Water Quality requests that the following items be addressed: 1. Immediately eliminate the discharge of wastiewater. 2. Make any modifications needed to ensure these will be no future discharges. 3. Obtain and implement a Certified Waste Management Plan by no later than 5/9/97. Failure to comply with the above conditions may result in the facility truing 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 more than $10,000.00 per day per violation. Please provide a written response to this office on or before March 31, 1997 regarding corrective actions taken or planned. if you have any questions concerning this matter, please do not heshate to contact either myself or Mr. Ed Buchan, Environmental Engineer, at (910) 486-1541. Sincerely, 5;5�, Kerr . Stevens Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh & dom tTad d ergs agent al the &Twe- J A of North Carolina rtment of Environment, WM h and Natural ResourceseAlle Regional Office .lames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E)P.HNF;Z DIVISION OF WATER QUALITY March 7, 1997 Mr. Bin Prestage Prestage Farms, Inc. -P.O. Box 438 Clinton, NC 28328 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 PX-10 Swine Farm 09-139 Bladen County Dear Mr. Prestage: 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. In response to citizen complaint on February 25, 1996, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located off SR1172. The inspection revealed animal waste had been applied in such a manlier that caused significant amounts of wastewater to runoff the spray field and eater a nearby wetland area. This wetland area is a tributary to Brown Marsh Swamp and is considered waters of the State and consequently is classified as Class PC -SW" waters. Farm staff present during the investigation indicated that a timer, which was designed to stop the lagoon pump, failed and subsequently allowed the irrigation system to apply waste continuously for 23 hours. This over -saturation clearly caused the discharge of waste to surface waters of the State as documented during the investigation. To prevent discharge problems in the future, it may become necessary to avoid reliance on pump timers and require farm staff to frequently monitor the condition of the spray field. Wachovla &Adne, Suite 714, Foyettevlile ` FAX 914d86.0707 Noth Carolina 28301-5043 N4� C Are Equal oppoduw Atfwrtatlue Action Employer Voice 910 4WIS41 -D% recycled/10% post -consumer paper Prestage Farms, Inc. May 12, 1997 Mr. Ed Buchan Environmental Engineer NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr- Buchan: Wi r 1 9 1997 REG.i�'���� As requested from the Fayetteville Regional Office, Division of Water Quality, the following items have been addressed: 1. Discharge of wastewater was immediately eliminated. 2. The Waste Utilization Plan was reviewed and modified to reflect the most current USDA-NRCS standards, such as the following: a) Reduced nitrogen and application rate. b) Additional land for spray field. c) Additional irrigation system installed- d) An operation and maintenance plan for an irrigation system is being developed. In addition, we will follow this plan of action: e) By May 31, 1997, the areas in field 41 (fescue) that have bare spots will be seeded to millet as a summer temporary cover and continue to graze this field. f) By October 15, 1997, we will renovate field #i by disking, land smoothing to remove pockets for standing water, and re -seed to fescue. g) When irrigation occurs at PX-10, an operator in charge will remain on site to evaluate the system and spray field to prevent over application. h) Application records will be maintained by operator in charge- 3 _ We have obtained and are implementing a Certified Waste Management Plan as of May 9, 1997. HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 Should you need clarification concerning any of the above, please contact me at 910-592-5771. Thank you for the cooperation shown by your office, as we have worked to respond in a timely and responsible manner regarding this situation. Sincerely, G. Glenn Clifton Technical Specialist Animal Waste Management Plan Certification (Please type or print all information that does not require a signature) Existin or New or Ex anded (lease circle one) General Information: Name of Farm: P K -1 O FacilityNo: 0'5 - l 35 Owner(s) Name:'PRG;ST-AC.E �ARmS :r4C_. Phone No: .910-59L-5771_ Mailing Address: P.O. 3o x 43(2 L 1 -4 lonl tJG A,8 3 29 Farm Location: County Farm is Iocated in: RJ3 A b E N _ Latitude and Longitude: 30� 35 " 1 7e° Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): A Pf Qo x 3. o PA tFs •Wes-r o f A 6 8 o Y -rs 8 g a 6 ebn SR 1177, Operation Description: Type of Suine No. of Animals D IVean to Feeder Z! Feeder to Finish Z) Farrow to Wears ■ Farrow to Feeder C.z¢ 3 Farrow to Finish Type of Poultry No. of Animals T)pe of Cattle ZI Layer O Dairy ❑ Pullet 'U Beef No. ofAnimals Other Tipe of Livestock Number of Animals_ Expvading Operation Orrly..' Previous Desrgn Capac7ry .Addrtwnal Design Total Desi ti Capacir♦•::� a•��'.. ' ���: Acreage Available for Application: 37 Required Acreage: 219 Number of Lagoons / Storage Ponds:- 1 Total Capacity: 5o(o co 7 _ Cubic Feet (ft3) Are subsurface drains present on the farm: YES or NO (please circle one) If YES: are subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one) O«•ner / Manager A greement 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 anima] 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 Nlanagement before the new animals are stocked. I (we) understand that there trust 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 the= must not be run-off from the application of animal waste. I (we) understand that run-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) know 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 D or a new c ation (if thewproved plan is changed) w itl 0 days of a title transfer. Name of LanA'�►car : E ,4 B �j4js J10C . /3%1 36rf14 Si -nature: Date: U IF Name of Man ger(if different from owner): Signature: Date: ANVC -- lanuarr 1. I997 r Technical Specialist Certification LAs a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005. I certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water Conservation Commission pursuant to I5A NCAC 2H.0217 and 15A NCAC 6F .0G01-_4005. ' be following elements are included in the plan as applicable. While each category designates'a technical specialist who may sign each certification (SD. SI. WUP, RC, 1), the technical specialist should only certify parts for which they are technically competent. IL Certification. of Design A) Collection, Storage, Treatment System Check the appropriate box ExistinQ facility without retrofit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization requirements. '7 New, expanded orretrofitted facility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): G. G LENN Cc l Flom Affiliation:2RESTAr-E FARMS Tjc. Address(Agency): P0. 8 t,t N To N rt8 32-9 Phone No.: o- 592- S 7, I Signature: Date: S -7 B) Land Application Site (WUP) The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management; hydraulic and nutrient loading rates. Name of Technical Specialist (Please Print): 6 . C3 L M4 CG!F!oW Affiliation: A? i tr F-ARrh,s c . Address(Agency): A� d • AOn 9- � CL !rJ To,J N c p..8 3 29 Phone No. o - - S -7-1 I Signature: 44. 061"o C14 t`'- Date: sag f 9_1 C) Runoff Controls from Exterior Lots Check the appropriate box i Facility without exterior lot (SD or WUP or RC) This facility does not contain any exterior lots. Zk Facility with „exterior lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by MRCS. Narne of Technical Specialist (Please Print): Cz. G[ENn! e4ir7oN Affiliation:-2 iAGE FARn,-> 7rc- Addrecc(Aaenc)j;P.O.�n 438 0,1Nlod A16 IS329 _ Phone No.:�l9-59L51-1 t _ Signature: �, � "•+„__ _ ---Date: 51919-7_ AWC -- Januar% 1, 1997 2 D). Application and Handling Eguipment Check the appropriate box ® Existing or expanding facility with existing waste application equipment (WUP or I) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates -not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). ❑ New. expanded. or existingfacility without existing waste application -etuipment for spray irrigation. (I) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). 0 New exnanded`or existing facility without existing waste annlication eauinmentfor land reading not using spray irrigation. (WUP or I) Animal waste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the.waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as pan of the plan). Name of Technical Specialist (Please Print): G. G curl 0,1F7axt Affiliation- iemac�QIkST 7+Jc- Address(Agency): P.O. Box Gf tt JTo #J NC_ 3 Z3 Phone No.: glo -592- Signature: .0. &JLAJDate: Q3197 (1 T E) Odor Control, Insect Control. Mortality Management and Emergency Action ElanIS-D, SI. IVUP,RC or D The waste management plan for this facility includes a Waste Management Odor Control Checklist, an Lieu -Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have bear selected and included in the waste management plan. Both the Mortality Management Plan and the Emergency Aaron Plan are complete zed can be implemented by this facility. Name of Technical Specialist (Please Print): 4G. Gt-EN nJ Cc-r F76'w Affiliation: f R s A6E 1`AQtKs Address(Agency): P. D, 8m _9-38 _ rL aiv -1 N G 24-5 32-9 —Phone No.: - %9 2 - 5-7 -1 Signature: A. A&±J C�4L _ - _ _ Date: 9 7 F) Written Notice of New or Expanding Swine Farm The following signature block is only to be used for new or expanding swine farms that begin construction after June 21, 1996. if the facility was built before June 21,1996, when was it constructed or last expanded I (we) cenifj. than I (we) have attempted to contact by cenified mail all adjoining property owners and all property owners who own propem located across a public road, sued. or highway from this new or expanding swine farm. The notice was in compliance with the requirements of NCGS 106-805. A copy of the notice and a list of the property owners notified is attached. Nance of Land Owner: Signature: Date: Name of Alanager(if different from owmer): Signature Date: atVC -- January 1, 1997 3 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 certrf Galion is necessary. Name of Technical Specialist (Please Print): Affiliation: Address(Agency): Phone No.: Signature: Date: B) Land Application Site (NVUP) Check the appropriate box ❑ The cropping system is in place on all land as specified in the animal waste management plan. ❑ 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): Affiliation: Address(Agency): Phone.No.: Signature: Date: This following signature block -is only to be used when the box for conditional approval in M. 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 firm a Technical 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 eufortxmeat action from DI=M. Name of Land Owner: Signature: Date: Name of .Ma.nager(if different from owner): Signature: Date: .1 WC -- January 1, 1997 4 (fl Rul3off Controls from Everior Lots (RC) Facilit = ,with exteri-or JgLa Methods to minimize the run off of pollutants from lounging and heavy use areas -have been installed as specified in the plan_ For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print) - Affiliation: Address(Agency): Phone No.: Signatme: Date: D) Application and Handlint, EquipMent Installation MW or 1) Check- the appropriate block Animal waste application and handling equipment specified in the play is on "site and ready for use; calibration and adjustment materials have been provided to the owners and are contained as part of the plan. . Animal waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third panty application and has provided a signed contract; equipment specified in the contract agrees with 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. J Conditional approval: Animal waste application and handling equipment specified in the plan'has boa purchased and will be on site and installed by (month/day/year): there is adequate storage to hold the waste until the equipment is installed and until the waste can be land applied in accordance with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Tame of Technical Specialist (PIease Print):_-; G.zEN 0 CW l=-Ton/ .. ^ Affiliation: �QES A6� i�i� QrvLS . =iJc . '' Address(AQency): �P. D- nl 438 C� 7o G 1 6Z9 Phone No.:9l� -�g� 577 f Signature: A G,,,Q cut`, Date: � 519197 The foIlou ing signature block is only to be used when the box for conditional approval in M D above has been checked. I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation from a Technical Specialist within 15 calendar days following the date speciAKh 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 Alanager(if different from owner): Signature: Date: E) Odor Control. Insect Control and Mortality Managgment (SD, S-I, INTT, RC or D 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): 6. 6LEArAJ C1,r r-:oV Affiliation: Address(Aaency ): P D . Box 38 C'C r �onl N • • a83Z9 Phone No.: gl a • 59 Z- 5 7 7 Signature: � Date: 5 g 97 AIVC -- Janua- 1. 1997 5 D . Prestage Farms, Inc. May 28, 1997 Mr. Ed Buchan NC Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Buchan: REC EI JUN 0 2 1997. 1 F ��E� r RcG. 6TF ,J In my written communication dated May 12, 1997, regarding Prestage Farms FX-10, I outlined some action items to be made on the farm by May 31, 1997. This is a summary of our actions to date. 1. The operation and maintenance plan for the irrigation system is in place. 2. Bare spots in field # I (Fescue) has been seeded to millet as a summer temporary cover. 3. Company policy on this farm (PX-10), is for the operator in charge to remain on site during an irrigation event to evaluate the system and spray fields to prevent over application. Should you need clarification regarding this information, please give me a can at (910) 592-4776 exL 249. Sincerely, .9. AL.....- C (:tr Glenn Clifton Technical Specialist GC/ch HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329 • PHONE (910) 592-5771 . y 17 r� W r i ' TO: Steve Tedder, Section Chief Water Quality Sec FROM: Kerr T. Steve egional supervisor Fayetteville Re al Office SUBJECT: Recommendation for Enforcement Unpermitted Discharge of Swine Waste PX-10 Swine Farm - Prestage Farms Inc. Twisted Hicory Road, Abbotsburg Bladen County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter for the Director's signature recommending the revocation of the "Deemed Permitted" status of the facility if the facility fails to come into compliance. If additional information or clarification is required, please advise. STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN IN THE MATTER OF PRESTAGE FARMS, INC. PX-10 SOW FARM FOR VIOLATIONS OF PERMIT 15A NCAC211.0217 File No DD FINDINGS AND DECISION AND ASSESSMENTOF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.)143-215.6A, I, A. Preston Howardjr., P.E., Director of the Division of Water Quality (DWQ),make the following: L FINDINGS OF FACT: A. Prestage Farms, Inc. operates a concentrated animal operation in Bladen County. B. The PX-10 Swine Farm was deemed permitted as a nondischarge facility on 12 /7 /93, in accordance with 15A NCAC2H .0217. C. On February 25, 1997, DWQ staff observed a discharge of wastewater by the PX-10 Swine Farm from associated spray fields to Brown Marsh Swamp, which are Class Class "C - SW". waters of the State within the Cape Fear River Basin. D. The PX-10 Swine Farm had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $479.19. Based upon the above Findings of Fact, I make the following: IL CONCLUSIONSOF LAW: A. Prestage Farms, Inc. is a "person" within the meaning of G.S.143-215.6A pursuant to G.S.143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC2H .0217 and G.S. 143-215. 1. C. The Brown Marsh Swamp 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 is a violation of the nondischarge permit. E. Prestage Farms, Inc. may be assessed civil penalties in this matter pursuant to G.S.143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,00000) per violation may be assessed against a person for failing to act in accordancewith the terms, conditions or requirement of a permit required by G.S. 143-215. 1. F. The State's enforcement costs in this matter may be assessed against Prestage Farms Inc. pursuant to G.S.143-215.3(a)(9) and G.S. 143B- 282. 1 (b) (8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S.143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 11. DECISION: Accordingly, Prestage Farms Inc. is hereby assessed a civil penalty of: $ for discharging waste to the waters of the State in violationof 15A NCAC2H .0217. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized bT G.S.143- 215.6A. $ 479.19 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S.143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Water Quality 1. 2. 3. 4. 5. .1 w e, t 1"I Date of Inspection(s): Fg uary25, 1997 Regional Office: Fayetteville, Water Quality Secfion Name of Owner Of Property: Prestage Farms. Inc. (Cgpy of Deed attached) Name of Operator: Mr. WAvne Sanderson Address: Phone Number: PO Box 438 Minton. NC 28328 (910) 592-5771 z 7. Description of Facility Location, Map excerpt attached. Hwv 211 from Clarkton to Abbottsb=. turn left onto Twisted Hickory Road_and take first right. , Go apnroXjmately 1.5 miles and take first -left- Fa-m-ite is located 0.5 miles on the left. 8. Date this facility began operation: The farm has been in full operation since 1992. 9. Date of last expansion: The facility has not expanded since original construction. based on comments from Mr. Glenn Clifton of Presta;ge Farms Inc. 10. Has the facility registered with DWQ? YES-& ND If yes, date of registration: December 1.,1993. 11. Does the facility have an approved Animal Waste Management Plan? YES_ NO-X Is one required? YES. NO. Y Date Approved: N/A 12. Has this facility received a CAFO Designation? YES NO_ If Yes, date issued: December 7 1993 . 13. Type of Operation: Swine. SQw - FarrQw to Wean 14. Number and type of livestock: There were approximat. 6 4 sows at th time of the action. As with any sow faim. there are also numerous weanling Rijas presol at the farm in addition to the sows. The exact number of weanlings presenjgt the farm is unknown as it varies dramatically from week to week. _ 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12, months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes. fmu_e. At the time of this investigatin.another the prayfield is-cstablished fieldat-the with a sparse cover back of the farm, was of being prepared for spri&gin& o Bermuda grass Personnel_Qf P�estage Farms have informed the writer that the Bermuda has been sprigged as of 5-6-97 and that the fescue will,e mowed in the fall and reseeded for a bette{ cover in the front field. Also a new solid set irrigation sg+stem has been installed in the Beimu�a pray field. 17. Type of Waste Management System: Swine are kept in total wn-finement free stall barns with slotted floors over flushing pits. Wage is flushed as needed from floor pits into a waste lagoon system. The la oon ZZem is composed of one (1)goon frorn which waste can be pumped to the application fields via a solid set sprinkler irrigation system. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: It was agtrA that a Bmw_ns of Carolina Farm Number 29 C was located off SR 1172 QproximpWy 0.5 mileE South from the PJO facility. This facilily Mplies waste on different fields, alghou it is upstream from the PX10 application site., The ROC 29 facility was not applying waste on the date of the investigation and it did not appear that any waste was being discharges from The ROC 29 Farm on 225/97, 19. Proximity of facility to neighboring houses, wells, etc.: It was noted that a residence was located approximately 500 feet from the west portion of the spray field. 20. Approximate depth of ground water table in the area of the facility or discharge: u 21. Proximity of facility to surface waters: - The west edge of this facil' 's jaigation field is Vproximately five feet from the edge of a canal which flows no—rtw--aEd to a Oya= that is an unnamed tri u to Brown Marsh Swmp. 22. Animal waste discharged: Swine Witnesses: John hasty. DM-WQ. Fayetteville Regional Office_ (914)486-1541. Robert Heath. DM-M Fumevville Regional Office /910Z4$¢-1541. 23. Are pollutants discharged in the waters of the State? YES If so, how? In ma2me_ to a ci ' 's complaint on�J25/97. Water stafl' responded by perform' an inspection of the PX10 spay fields at • approximately 1400 _hom. According to the complainants, waste application had been conducted on the afternoon of 2/24/97 and continued throu h the morning_of 2/25/97. The com ]p ain& is indicated that effluent could be sego from SR 1172 running off the fields into nearby streams and waterways durinja the mliolion event. Howcm, did not receivc the hoe is from -the complainants until 1200 h9urs-on 2/25/97 which p v t D3KQ staff ,from amving on the farm during the actual application event. j1pon arrivalto the PX10 §Vy fields. it was cleaz that waste had recently been applied tgthe WM site and had subsequently nun off the field into a nearby mad ditch (See attachedphotos). 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24- hour storm? YES. It is the opinion of the writer that this discharge occurred due to lack of goMjsion of the policatio t and was not in mWonse Ig a 25 ear-24 h ur 's also important to note that the lagoon did have pa= Than the minimum free -ard d stora e of 19 iNhes at the time of the coMRIaint i v lion 25. What is the degree and extent of harm to the natural resources of the State, to public health or to private property resulting from the violation?: The disch=e has caused the introduction of nutrients into the receiving surface waters,_ that will cause or add to the possibility of algal blooms and accelerated eutrophication of the plow moving waters of the recei%jng stream. Also.samples takqU indicate elevglW fecal colifo level down stream of thefa—cilfty. Sample results: SAmple Location (2/2297) Coliform. Fecal / 1 790,000 3.400 ,5G ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** 1here are no kno u c health issue t s time. aste dischar es of this na ma based on comments from son NoCarolina DgWartment of Agdcul e Veterinaa Divisign.tr ort swine es 'f co di ions are suiWe, 26. What is the duration and gravity of the violation?: As mentioned p e dgp&1L the cQm,Wainattt reported that waste had been discharging during, the afternoon hours of 2--24-97—nd continued throuSb the morning hours on 2-25-27. When stafffromthe Fayetteville Regional Office arrived. waste was running o widggmy field in three different places: the southside of the spray field into the -road -ditch. the westside of the spray field into a canal which flows to an unnamed tribuutary_of-Browrr Marsh Swamp d of the westside of thespM field and the mtrance MadwU into a -ditch which flows east. m loym of EEqgayelarms had 4 turned off the solid set sprayerr� apromt4�nut�rio; tDVQ sta32 ls arrival Upon that -the -irrigation firmer conversation -witty employees system had jude—ed been allowed to of Pagfte run for approximately Farms. it was determined 23 hours without Me rvision or a return visit to the site. Mr. Wayne Sanderson. the gRmtor in responsible charge. informed DWQ staff that due to tr s fission t muble with his truck on the rooming of 2-24-97- he was_unable to mhnn to the site to check on the irrigation event. Unfortunately the timer on ttp=V. ich_hes-et_to rune for two hours. had-m-alfimctioned and failed to ghut down tht�u -w Lse enclosed account h Mr. Sanders]. However, as mentigAed Mlier. waste was exiting the sozay-fiel_d and_mmming_ under the entrance roadway and should have been noticed by any of the mployees of the farm upon return to work on 02-25-97. 27. Water Quality Assessment: At the time of the iWectimthe discharge flow was sigpific t at the paints it reached the doainne ditches to Brown Marsh Swap: making`up an estimated 100% of the total flow in the ditches. Where the waste M as dischffZgd into the swgUM he waste flow represented approximately 1% of the total flow ofthe swwp. 28. What is the cost of rectifying the damage?: The vaiter observed no areas that cleanup activities would be recommended- Any cleanup would cause adverse impacts to nearby wetlaods._ Th rye has been no Mort of downstream impacts outside the area of the investigation 29. What is the amount of money saved by noncompliance?: Based on observations made dufing the investi &2 ti ns o cost was s' goificantl dec ed by ovr ,L-Qpl3dn&thwaste. Althoug& if enough waste wgg over- it mgy !Lave allowed for few events in the tore and therefore less man hours consumed. 30. Was the violation committed willfully or intentionally?: YES _ NQX- Explain: Although it does seem that the irrigation equipment operators should have checked on for bad someone else check on, the a application event it does not appear that they intended for the waste to reach surface waters. 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Regional files co-n-tained no pov ' of ti or th's f 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: $0.20 per mile for 100 miles: $ 20.00 Fecal Coliform ($22.00 per sample) * 4: $ 88.00 Copies (Sampson County Court House) $ 0.75 Robert Heath @ $17.62/hr 2 hours - Drive Time 1.5 hours - Investigation 4 hours - Report Development hours total $132.15 5 John Hasty @ $ 16.77/hr 2 hours - Drive Time 1.5 hours - Investigation 2 hours - Report Development hours t1l $ 92.24 Kerr T. Stevens - 1 hour (Supervisory Review) $ 35.05 Central Office Review $10Q.00 Total $474.19 33. Type or general nature of business: S Ane ow Farrow to Wean�peration 34. What is the violator's degree of cooperation or recalcitrance: Staff from Prestige Farms. Inc. have been v= cooperative and havg taken steps to try_ and prevent further discharges from happening in the future. 35. Are there any Mitigating Circumstances?: NQ 36. Assessment Factors: a. IWC: Visually Estimated at 1 % at the confluence point between ditches draining waste site and Brown M w b. Receiving Stream: BrowtLMarsSw=R, Class "C-SW" )Ygters C. Damage Yes — No XC (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. 37. Include a copy of any Designation letter signed byAe Director. 38. Recommendations Made to Owner/Operator: I - Imediatel cy ease pumpingg w&.gte on to the fields. 2- Take immediate action to prevent any future discharge of waste. on t NR to obtain technical as is ce if n es 39. Recommendations for further DWQ Action: - Notice of Violation ffar—warded March 7 1 - Enforcement Action - Rgguifg Farm Certification whin 60 dW - R ' pqfion 40. Other Comments: Ig summmL it is the opinion accidental even though the erator in chame of this failed to writer that check on the discbgge of waste was the ZcAm jA the bed amount of time. AA mentioned oust e Farms, Inc. ppRm to be y= interested in getting this matter resolved and they have taken some actions to address the condition of the spray fields. Once again it should be noted that the shy field did not have a very well established cover crop for waste utilization. Prestage Farms has since established a Bermuda hay field for warm season ' 'gation_and have put in a new solid set irrigation system for the pew fields. State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Govemor Jonathan S. Howes, Secretary Mr. Bill Prestage Prestage Farms, Inc. P.O. Box 438 Clinton, NC 28328 WIT? , 10 EDF.=HNF;Z DIVISION OF WATER QUALITY March 7, 1997 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 PX-10 Swine Farm 09-139 Bladen County Dear Mr. Prestage: You are hereby notified that, having been deemed permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 1 SA NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. In response to citizen complaint on Febniary 25, 1996, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of your farm located off SRl 172. The inspection revealed animal waste had been applied in such a manner that caused significant amounts of wastewater to runoff the spray field and enter a nearby wetland area. This wetland area is a tributary to Brown Marsh Swamp and is considered waters of the State and consequently is classified as Class "C-SW" waters. Farm staff present during the investigation indicated that a timer, which was designed to stop the lagoon pump, failed and subsequently allowed the irrigation system to apply waste continuously for 23 hours_ This over -saturation clearly caused the discharge of waste to surface waters of the State as documented during the investigation. To prevent discharge problems in the future, it may become necessary to avoid reliance on pump timers and require farm staff to frequently monitor the condition of the spray field. Wachovia Building, Suite 714, Fayettevlife a�b-0 FAX 910 4$707 Norm N14 Carolina 28301-5043 rff C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 5M recycled/ 10% post -consumer paper Mr. Prestage Page 2 3/6197 The Division of Water Quality requests that the following items be addressed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Obtain and implement a Certified Waste Management Plan by no later than 5/9197. 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 more than $10,000.00 per day per violation. Please provide a written response to this office on or before March 31, 1997 regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Ed Buchan, Environmental Engineer, at (910) 4WI54I. Sincerely, 4. ��A %� Kerr . Stevens Regional Supervisor cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office, James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 40"s� EDF.:HNF;Z DIVISION OF KATER QUALITY March 7, 1997 CERTIFIED NAIL RETURN RECEIPT REQUESTED Mr. Bill Prestage Prestage-Farms, Inc. P.O. Box 438 Clinton, NC 28328 Subject: Notice of Recommendation for Enforcement PX-10 Swine Facility Facility No. 09-139 'Bladen County Dear Mr. Prestage, 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 PX-10 Swine Farm of North Carolina General Statute 143-215.1 for discharging wastewater to the surface waters of the State from a non discharge facility on February 25, 1997. If you have an explanation for this violation that you wish to present, please respond to this office on or before March 19, 1997. 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. If you have any questions concerning this matter, please contact me at (910) 486-1541. Sincerely 4 VI Ker T. tevens Regional Supervisor cc: Sue Homewood - Compliance Group Central Files Wachovio Building, Suite 714, Fayetteville N�` FAX 93a486-0707 North Carolino 28301-5043 An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post-coruumer paper Prestage Farms, Inc. March 19, 1997 Mr. Kerr T. Stevens, Regional Supervisor North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: AIM 2.0 1M. Subject: Response to Notice of Recommendation for Enforcement PX-10 From the Fayetteville Regional Office Dated 3/7/97 Regarding Prestage Farms, PX-10, Bladen County This letter is in response to the above communication received by Prestage Farms on 3/12/97. We at Prestage Farms, Inc. have read Wayne Sanderson's account of the events of February 24, 1997, and agree with all the information in the letter he wrote to Ed Buchan (copy enclosed). It is the policy of Prestage Farms that an irrigation system be checked every four hours while effluent is being applied. We chose to take employee disciplinary action in this situation as company policy was violated. Since that time, Mr. Sanderson has resigned employment with Prestage Farms of his own free will. We understand that there were unusual circumstances .in this situation --the malfunction of the timer and the transmission of W. Sanderson's truck. However, Mr. Sanderson had a radio in his truck and could have reached another employee and asked for assistance in checking the irrigation system. Also, he could have gained access to a telephone, and called for assistance. Should you need any clarification of the information contained in this communication, do not hesitate to call me at (910) 592-5771. Sincerely, Glenn Clifton Technical Specialist GC:kk Enclosure HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON. N. C. 28329 • PHONE (910) 592-5771 Wayne O. Sanderson - Cert. # 17903 150 Kader Merritt Road Rose Hill, NC 28458 910-532-4065 Ed Buchan 225 Green Street Wachovia Bldg, Suite 714 Fayetteville, NC 28301-5043 Dear Sir: I am writing to inform you of the events of February 24, 1997. I am an employee of Prestage Farms. One of my responsibilities is waste management of farms P-10, P-15, P-17A and P-17B in Bladen County. I was operating the irrigation systems on these farms on this particular day. It was 2:00 pm when I started the system on P- I 0. It has a I Ohp electric pump with a timer and 10 sprinklers that are moveable. I set the timer for two hours and moved onto the next farm. After making the rounds to the remaining farms I left P-17B on NC Hwy 87 S around 4:30- 5:00pm. My plan was to backtrack checking all of the pumps I had started earlier. My truck, Prestage 4528, would not shift out of low gear. I called the shop and got the voice mail I decided to try to make it back to Elizabethtown, however the truck continued to shift in and out of high gear. I was approaching the western side of White Lake when high gear went out. I drove to the Scotchman in White Lake (2 miles) in low gear. There, I checked the transmission fluid. It was full, but I added a quart anyway. I called the shop again and they advised me to try to make it back to the Prestage office and garage. This would have been about a 30 mile drive. When the truck continued to shift form hieh to low I decided that it might not make the trip. I drove to my own hog farm in Harrells because it was about half the distance and the truck could be secured until it could be picked up. The high gear went out about halfway there and I drove the remaining 7-8 miles at approximately 15-20 mph - The truck had to be picked up with a wrecker the next morning and taken for repairs at Hi T ech Transmission in Fayetteville. This was the chain of events that prevented me from returning to P-10 to varify that the pump had shut off Needless to say, it had not. The next morning I found out that it had continued to run until noon. I checked the timer and found that it was hung on 2 hours. This is not an attempt to make excuses. I simply want to make sure the facts surrounding the event are clear. I would like to. request that my certificate NOT be revoked. I own my own hog farm and it is necessary for this operation- I am requesting, however, that my name and certificate number be removed from any farm that Prestage owns- I will not put my certificate in jeopardy again, for anyone. Sincerely, Wayne O. Sanderson pre Sloe A FGL D H� 1 S� QX- Io 51+e 5ke+Ck u„� roai �y Spray Fic14 Oar -A Y Ruhr (? WoaDS t4oT Te Scp}LE $R x 307 FACE408 PREPARED BY: THOMAS WAYNE WHITE STATE OF NORTH CAROLINA • 0 ED COUNTY OF BLADEN THIS WARRANTY DEED made this the 27th day of August, 1990 byr,----- and between JOSEPH RONALD PAIT, Legally Separated, -the GRANTOR herein; and PRESTAGE FARMS, INCORPORATED, a North Carolina Corporation, the GRANTEE herein: W I T N E S S E T H That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE, in fee simple, all that certain tract or parcel of land lying and being in Abbotts Township, Bladen County, North Carolina and being more particularly described as follows: Lying and being in Abbotts Township, Bladen County, North Carolina and being bounded now or formerly on the.North by the lands of Tony Taylor, on the East by the lands of Heck Smith and the Darden Land, on the South by the Darden Land and on the West by Rural Paved Road Number 1172 and being more particularly described as follows: BEGINNING at a stake in S.R. 1172, an original corner of said larger tract of which this is a part, and being also the Southwest corner of the 75 acre tract conveyed by Rosa B. Taylor to Robert A. Taylor, and runs thence as the original and Darden line South 18 degrees 30' minutes East 825 feet to a stake; thence continuing with the Darden line South 20 degrees East 369 feet to a stake;'thence North 74 degrees 54 minutes East 1,009.8 feet to- a stake; thence North 2 degrees 30 minutes West 365.64 feet to a stake; thence as original and Darden line South 86 degrees 30 minutes East 411.18 feet to a stake; thence as original and Darden line North 7 degrees 15 minutes East 1,099.56 feet to a stake in the line of Mrs. Heck Smith; thence as original and Smith line North 85 degrees 15 minutes West 439.56 feet; thence North 19 degrees 30 minutes West 726 feet to a stake in the center of a ditch; the same being also the Southeast corner of the Robert 'A. Taylor 75 acre tract above referred to; thence South 82 degrees 30 minutes West 477.2 feet to a stake in the center of, S.R. 1172; thence South 9 degrees East 157.74 feet to a stake; thence South 40 degrees West 875.82 feet to a stake; thence South.30 degrees 15 minutes West 403.92 feet to the point of the Beginning, containing in the aggregate 67.50 acres. And being the same property described in a deed dated August 21, 1962 from James L. Taylor et ux. et al to Miller Taylor et ux., of record in Book 154, Page 1, Bladen County Registry. EXCEPTED FROM THE ABOVE DESCRIBED LAND ARE THE FOLLOWING TRACTS OR PARCELS OF LAND: FIRST EXCEP11OBI.: All that certain tract or parcel of land, containing 2.0 acres, more or less, being located in Abbotts Township, Bladen County, North Carolina, and being more particularly described as follows: BEGINNING at a point marked by an old nail in the center line of S.R. #1172, the Southeast corner of Lot 05 and the easternmost corner of Lot #6 of Map #1 of a division of the Robert A. Taylor Estate as set out in Plat Cabinet A-10, Page 97; and running LAW OFFIGRR OF TIIO+fAS WAINK WHITE. FONT OFFIM DRAWFR 940. DLAMNRORO. NC 980TAP, , e f1 O-AA46 o�x 307 pA0499 thence with the centerline of S.R. #1172 North 13 degrees 58 minutes East 94.14 feet to a point marked by an old nail, the Southwest corner of Lot 04 North 84 degrees 30 minutes East 363.22 feet to a point marked by a new iron; thence a new line South 13 degrees 58 minutes West 425.70 feet to a point marked by a new iron in the 'center of a ditch; thence with the center of said ditch North 48 degrees 20 minutes West 93.72 feet to a point at the bend of said ditch; thence continuing with the center of said ditch North 43 degrees 16 minutes West 308.54 feet to the point of beginning, containing 2.07 acres, more or less, total, or.2.00 acres, more or less, excluding S. R. #1172 right-of-way, and being a portion carved from the Northwest corner of lands deeded to Tony L. Taylor and wife Barbara J. Taylor, by deed dated August 26, 1972 and recorded in Deed Book 256, Page 254, Bladen County Public Registry. Being the same tract or parcel of land as set out on a map or plat of survey of land entitled "Survey for Horace McLean" dated 10/31/85 by Lloyd R. Walker, Registered Land Surveyor, and further being the same tract or parcel of land designated as TRACT A as set out on a certain map or plat of survey entitled "Map. for Joseph Ronald Pait" dated August 23, 1990 by Lloyd R. Walker, Registered Land Surveyor, a copy of which is attached hereto and incorporated by reference for a more complete and accurate description of the property herein. SECOND EXCERTION: All that certain tract or parcel of land, containing 3.0 acres, more or less, being located in Abbotts Township, Bladen County, North Carolina, and being more particularly described as follows: BEGINNING at a point marked by an iron pipe located at the northeasternmost corner of TRACT A as set out on a certain map or plat of survey entitled- "Map for Joseph Ronald Pait" dated August 23, 1990 by Lloyd R. Walker, Registered Land Surveyor, a copy of which is attached hereto and incorporated by reference, and in the southernmost line of LOT NUMBER 4 of a division of the Robert A. Taylor Estate as set out in Plat Cabinet A-10, Page 97, Bladen County Public Registry; and running thence with the said southernmost line of LOT NUMBER 4 of the Robert A. Taylor Estate North 84 degrees 30 minutes East 142.56 feet to a point marked by an iron pipe; thence South 17 degrees 14 minutes East 566.89 feet to a point marked by an iron pipe; thence North 74 degrees 28 minutes West 428.24 feet to a point marked by an f iron located in a ditch, said point also being the southernmost corner of the said TRACT A; thence with the easternmost line of the said TRACT A North 13 degrees 58 minutes East 425.70 feet to the point and place of beginning, containing 3.00 acres, more or less, and being the same tract or parcel of land designated as TRACT B as set out on a certain map or plat of survey entitled "Map for Joseph Ronald Pait" dated August 23, 1990 by Lloyd R. Walker, Registered Land Surveyor, a copy of which is attached hereto and incorporated by reference for a more complete and accurate description of the property herein. The above property being a portion of that certain Second Tract as described by deed under date of October 5, 1988 from Billie Faye Pait, Legally Separated, to }Joseph Ronald Pait, Legally Separated, as recorded in Book 293, Page 741, in the Bladen County Public Registry. To have and to hold the aforesaid tract or parcel of land and all privileges and appurtenances thereunto appertaining to the said GRANTEE, its successors and assigns forever in fee simple. And the GRANTOR does hereby covenant that he is seized of said premises in fee simple, has the right to convey the same in fee simple; that title is marketable and clear of all. encumbrances; and, that he will warrant and. defend the said title to the same f againdt the lawful claims of all persons whomsoever. s tea:, Bugg 307 PACE500 IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. • srnze. Or H ,-'�.. Real Estate } �� 0LINA r ',� Excise 7a>,� EAL j ✓�` o-, •. •••PI EI' RONALD FAIT' ,�Au so 52.00-- NB. 7{�7 i? f ~ STATE OF NORTH CAROLINA COUNTY OF BISi1T M SAMPSON I, jUlbert M. Faircloth , . a Notary Public of the County and State aforesaid, certify that JOSEPH RONALD PAIT, Legally Separated, 'the GRANTOR herein, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or. seal this the 27th day of August, 1990. pro': STATE OF NORTH CAROLINA COUNTY OF BLADEN r NOTARY PUBLIC M - My Commission Expires: March 1. 1992 The foregoing certificate of a Notary Public of Sampson County, North Carolina is certified to be correct. This instrument and this certificate were presented for registration and duly registered this 28 day of kuAust It 19,90 , at /.' 15 AO.M. and duly recorded in the Office of the Register of Deeds of Bladen County, .North Carolina, in Book -' 6 2 Page . tie attorney prepariig His lutrunt W-We ao record searci ar title tiatiiatioa as to the property kereia witioied "less sm 1s sion by Its rriltei aid signed certificate. c&.�. BL-ADEN COUNTY REGISTER OF DEEDS BY: REGISTER OF DEEDS O Rmitine Complaint O Fonow-up of DWQ inspection O Follow-up of DSWC review O Other Date of Inspection 2F Facility Number O / Time of inspection =U Use 24 hr. time Farm Status: / % Total Time (in hours) Spent onFAMew or Inspection (includes travel and processing) Farm Name: County: Owner Name• � 5�� , _��"R�` r Phone No: U ` 5771 Marling Address:. l r� y� 0 •✓�''�_ A%G Onsite Representative: _...1 JF- G' ^�'.��-r��'' Integrator. Certified Operator. t,r+�` S n:n� Operator Certification Number. Location of Farm: Latitude Q0 6 Longitude a 4 JD Not O erational Date Last Operated: Type of Operation and Design Capacity �"Swrne �, �XNumber tr3! Cattle ,�..l h _._._Foul �� Number ro Wean to Feeder3. ❑ "` (] Feeder to Finish ❑Non- ❑ l3ocf �s 171 Farrow to Wean. "'. ¢ .:,; -� R Farrow to Feeder W _. IM Farrow to Finish ❑ Other Type of Livestock - x �'' ..�`s4�..uc3'< ' .Yi-s a x'T�,y 3�'+ i`c".3s �iw �.. �...'y�.a �•F.� "�• ,��- � t,�"�`�� � a'n� �°`9 •, i .. � a+'d'.Y.'i°.1.. ,•�-%.. �.�>,'-s...F"�z..w � .3. .,:��°°'.a �_ .. ,,a c ¢r_- �v � c-'o.x. . ��T4. � :�= aF.1 , t . r,. s Number nfLagooasl Holding Ponds �,;�,, Subsurface Drains Present d ❑Lagoon Area s Spray Field Area Gerrer 1. Are there any buffers that need maintenanceltn3pmveoieat? Yes ❑ No 2 Is any discharge observed from any part of the operation? Yes ❑ No a. If discharge is observed, was the conveyance man-made? ❑ Yes M No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWO) E) Yes ❑ No c. If discharge is observed, what is the estimated now in galimin? rf d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes ® No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 4. Was these any adverse impacts to the waters of the State other than from a discharge? Yes ❑ No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ❑ No maintenance- improvement? Continued on back 6. Is facility not in compliance with any applicable setback criteria? 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)? 8. Are then lagoons or storage ponds on site which need to be properly closed? Structures a oohs and/or Holding Ponds 9. Is structural freeboard less than adequate? Freeboard (ft): LagoonI Lagoon 2 Lagoon 3 10. Is seepage observed from any of the struct a es? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenancehmprovement? (If any of questions 9-12 was answered yes, and the situation posts nn immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste AaRlfeation I4. Is there physical evidence of over application? .(If in excess of WMP, or runoff entering waters of the State, notify DWI) 15. Crop type 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? For Certified Facilities Qnl 20. Does the facility fail to have a copy of the Animal Waste Management Plank readily available? 21. Does the facility fail to comply with the Amaral Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency9 24. Did Reviewer/Inspector fail to discuss review/mspection with owner or operator in charge? ❑ Yes No [3 Yes -M No ❑ Yes ENO ❑ Yes ❑ No Lagoon 4 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No byes ❑ No- ❑ Yes 19 No ❑ Yes IB No ❑ Yes ® No ❑ Yes El No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Reviewer/Inspector Name .-�Yw� S I Reviv`er/lnspectar Signature: Date: Q 7 cc. Division of Water Quality, Water Qualhv Section. Facilfty Assessment Unit I 1 11 iAK5ki ACEMYIRONMENTAL ABORATORY ..'- CHAKOF CUSTODY RECORD S 17 Cmde Heyne 81., FayMeWle, Nash Carolina 28M Pl.— 101M BY'.a.IM. Fat lQ101 nla_R774 r o. r aENr NAME Cr1 TIM WATER COMPOSITE SAMPLING DATA AWMATIC OMGHEIE BEGIN: END: 'TEMP TOR DATE DATE TOTAL FLOW LVAPLEFIS BENa RH'ORf 76. If ` MtAob— FHOW c flu I y�G - (S` Y / CONRINUCIJB UK— TIME TECH MICRDBAC MOON Sa+npY ChW Swot Imp. Malod d q*nkaM: Chaal Arrp� oC 'C a" Tyra FLcw FLOW FLOW PROPORTIONED NMRVAL MLS l8tepb a wnplaa LAB LO. M1IPLE NO. 8AY'LE OMCtWr1DN 1 LCCATON COLLECTED DYNE Taff BAAFLB VK COMP + ow i%MXDWAINEM NQ OF CoNtAMR TYPE 1 ANALYF&GLEATEO SES PAESERV.ATNE r 7� �af/6., hell bY) hate lime by (u'"iprisMre Dale Tkne RefuqufaFtad by: (WAwl") Dele Time by rjVwW) to rime 3 4 RelinquW*d by: (S+yeedxe) Dale Tkm Rnceired br.. {$iy wiwo) Dale rime 5 6 PAhnqu*W by 1 e) Data rum Aecened br. (SYp ft") Data rmo 7 B Comments or Special Hazards: Microbac Laboratories, Inc. MICROBAC ENVIRONMENTAL LABORATORY NC #11 817 CASTLE RAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-0774 (FAX) AIR • FUEL WATER • FOOD • WASTES CERTIFICATE OF ANALYSIS CLIENT: NC DEFT ADDRESS: Wachavia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. R. Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source 1 - ID #97WE2913 2. Downstream - ID #97WD2914 3. Upstream - ID #97WU2915 4. Downstream A- ID #97WD2916 CERT #18937 DATE REC'D: 02/25/97 SAMPLED: 02/25/97 SAMPLED BY:-R. Heath DELIVERED BY: R. Heath SAMPLE CODE: WW, Stream; Grab REFERENCE: Tributary of Brown Marsh Prestage Farm FX-10 DATA REVIEWED BY: DATE REPORTED: 02/27/97 ly ANALYSIS h212=1 2 3 4 COLIFORM, FECAL (per 100 ml) SM16 9222D 790000 3400 <1 56000 < Less than > - Greater than PAGE 1 OF 1 RECEIVED MAR 3 - NJ FAYET MLLE REG.-OFFICE no mm and WW Wft m UM O=WnW on tlda, SW oftr acoomp-ryinp dta,-M raprwant Odh the swroo(s) anahtmd and Is rn+darad upon ttr m vWw dW it In not to be Mmdmd wWY m In pan for steed knp or other pure= without *rltoon approval dam ft iabwdwy, USDA-EPA-NIOSH Teaft Food Serttban CWMWtTQ Chemical and Mkmbiobgir:l Am"M and Research MEMBER L ,I I 1.0* I I I I I I � I � 1 1 �' �W Tarr mr - on smune )IVO 3UHM [S L A jL IL 4 A . t": 7, 1 U jag r r:•V :��`:�• ��_�,� r ?�`1''��� pica:-� '�`��� - t Al tk4i 4a 1. :lr .:rr r r'; •. ,�fy c �, ,- .L •.,�r'� � rit: z:i..:'r,.. � i.�_ � �1Ly- r r h �� i` i � �• is`� i�• nr W� �. pry ji► :,'Y �'+rL'„� �¢_,{� 1• c am► =j -,( _ r �! }'•f 'y� { ' sj ' , _ajo • 7; ' . r i r�'i 1 + � �r a -;K r : ��r �• � � .{ rY ,-.��; rY; � _ , ' yea �._' .S- •�y� ��. �, ,f� L l• x"':r) �.: _•�� �-`''.��.r. 1. 1i r-� f •V f _��,;�`. �A i' ' tiy{�i: ' iy. `)t, i i• `-• : y -•`;i. F^ i n '.l. �r� ^ .. r : Li: •�,� �•'•. • •� r ' �� •I i E��-_r�1� - � ;1 .. 1.:••�,:4t;�.�tr1-•�f� "t' ��!`�� ;!r t..-.`r�. `. ti.,,, * ^�s-� ice. ,ter=�•• �},� �:.%?`�-•�' t �� - ;.i',•_ - s •ZR"--'•"� - _ - f - 1. 1:+ _ �"�"- _ 'f t,t. i r' .�� a`/_ .:.•t !t°7 '� -�� ti . � '�- ri•Vtf �.. }'i! �� _'��=.. �`rFft - •`•1 .E�}` �ij•�'S_�tr.'�Y•,'#%r ,1.-�„' .h `ram - • �'k .. •'y`�. t''Y' ' � i. C'F �r Y1T r �_ Jar .'S""1-.i-�. -•Ir� 1 f •;Y�4-. ;'-�.;c•.� ' '!;�° raA' .� jQ t-;"#��?.�-, c' y1 i .r � • }y '1>p-`f� ,�- ti/. r �,; /, ., . r..•r� , .?• ft, •17d 1yh :•�. /,� T��-i � 1 �. � � F~ �• iOM1• {+ai ! '= J r � _{�.. '�f ��tJ :,� fc •''•r -ff!a -clt4 ?+i{ w. '/Cr �•,µ i --�-•j 'J`(E�'��•��' 'C-�_ -�•.•�,��,f s' ��.. rf,�-��•t ••ir �_ ��'L•- �''7r r ` ry� R .t♦ u "�. ?'c�_��:/ , ': `7r ±n i` � ft .• 7 Z'�. � - �* :t. JGS •: r� ,t, ��^�i 'Sti; •� .:itii-'` .-c /.--1�?x_�, •t Y_� Y�- _. �* .•. +� %s'•'i' 4•I '� r.3"l' i _f�. �r�-y: ! _. t, �- a � ••��:7^ f. b e _ +. . �: 1. F' y•r : 1.c'a-) _ JT�•- - , �.�f7.� :/ .a _ - (;' E :.t' '4f•� - j� r. � �r,5��::.;7f � r � -�.�Y:�'1k•;,` r••� �-r .1 ..y`:c.. � 4y� .rtEJ S� i - .� •..t � .- tr ij.'�L ]'^ �'il •F� - -� .� � ems•:- r 31 - � � .�} - _ Lt jrk_ _i _'. S'. �~ �711 �! :'. -i � rr �1.�.,• _r A; it�Ei�: ;��7�r ;�- + --S `r4���S-!!- '� ly .�i,"�'_,. S4 jJ7 t ` _ •1>< ?_;s �t t; j'4 - tifi�t2f�,},L _ !7f f-c�••.T -,, a-r • -'_ 'fir J��, -r 1rJfrL�3r r•iL iT4'-'C'�Tt !•� Y�;' j� ilG tiL/ -✓ •�.��-�� ti _ 1�2 E� E fr}�rc�,'rr r•`�{';.�[. ♦ �Cyl� eti �r ,i'� 'C!- Ir �*, I_.r- `.ea`� ...• 'ems rf- r�. S {{ L ;.l r � �fe�_ f `� r�'y f.�:-. !d 1 . .Fi_� � _ ♦ , r F�� w t.1 Y t�1"'�- i r➢•� �. •.tr 3,.1._ �� �a �F�=-'�� ��' JCL{l�%� rr'_?� f �-%�;�?�- �'..i w.S;,•-1r • . �`-�r--i�'``� ate: F.1: i, r' .� '~j±.� - %-` � _ .r ��.h �' �`-�'< ••'.-� •:j•° A ! �}�•! ".r- r�.�,�.. v. �. a . �rl.•.i' itd � 1••,.7 �• . �_ tL W� / -•'... �11 "�..'�'ti� :i'-• _ •i� �;j�rsr��Ic"y �,y i�.ti...._.1�. .....� - .�'. _ ti+- .r. �• ram; -'i'''(/ � ',� -�; � � $ : � ��i�� .�.,� _� �f�•- '��i �_'�.�� i;-:.' `_` '~ 4��. �j y i fib: 4r,y r Af, �4' ; - _- %j�.i _�' 1 \ f1� Lj, �,•��[' r� �, f3y _ 4 -�_:y_ � _tti+••T� elk `'�-- �. :-'t:-,` � j _ � "�.;;,s, - , �..�' �,,, �. =�. �,� �a:. - I�'� � • - ram- — • r!r ti '`� t. �,4' ' mow- -{- f��:` �i\. S �/• • „' c ' •i 1 - `4 - �'• •� �+ . / ��a :t- v L 71' % � � of � f r!r J r ,� t ` rt ! }.�.•l Ff f•� - f �.1 ,C,"`� �� � j'i +� � -# r- �• 4 j� ♦ ., �.' � 9"���1•. ram• 1s $� mar _ _ .� d{T S., ==T�: 1�-:r- fib! � :i- •�I '•-� � '�i�L�,=r .t t '�i k t .Tt 1 1(.Z•s iy 1 z ppa .l; �.l tF_ 1 ,:, f' fly , ` �.E cT. '- `' r, •.7! srt,-�i`T-'7 j _•t,- ` 1 'y� f ,i= TRTTr375 .�i j� �t. =` • . � w r ' a r� t!� � �` =4 ��''r � r 'i3 � )pia '-it - - �..� _ ,,.�+'-4M�',4 w-.',./`la-=y;;J�'+::�L.'� rtin'-:-�Y••°�`2+§l•i; {i, �. �,-i. ':.:i« .tr.::. - _ ..�� _ •R rJ,�:;.xa :aw�C-.y: �b'._.-r'a�r-•� s :�.nlr Sk 0 _ �•^ ` r��r�' P}�. 'f-"''"�._�f~': •+�'`-r+r�' �,;.'�_."•�s -may •�'h t� y ! � .� r'1��T y b r .F t �+:.f.• `+ .r ,f ?4, r r l - 4 r -7 = - _ j ,r•a � -..a • �-.'wy � � .- ,.�-,..r�.liY�:a �.s"t �.a �,,..o�_,f ;.wr.� _ � - '�.�'F ��-_'•••� 1. '� to � � .. - �._ Y, Y > � 1�.,�{.+rr %"� '. �,` '�. f � S / t� f" �s + . {G'�• _ ��t /`r4 f � � ,: n �111..' a� 1 - p� -• �^I y _ 'y �- �` -=•f LJ � �1. - .0 _ ' �'L: � • r F+ ~•� •.1,�.� /_ •ail •l .�^C Fl ai `i, f- .! •- s..,y, c . 'f " r-• } .• ' -� axJa•'' �. r- 6 op Mom ffp ys zaar',•3';�. �.rr 1 /. •wy.- _1� .�.� �'Mir`+��'Gs�: ufff •r�.�'t' i.S• +�r;• :�!-t-,,r^ si -� ,ra'• I � Y-E - f f`� Y> �'� _ �~`�� .t3t:• :r v� c-3:s .c d�`>,''-+� �'c S a'+��� s� J[�y'{1 ••' �;� q f Y•; � rl �"3 :i�,� +,.- - a _ •s•.,,:.% ..� ar r1 f ��.y � r r , j_ � rll�,1 t � 4r^...'•R �/ r r�� �++G _ '= t'�� i��.' yii�~- ,I' � �L � 1^ it •, +' J. jS.-,• � t �; {pt��, / ��� ". f� �„��f x �" � f `�T' � �.. _ E)UTING CULVERT AT ENTRANCE ROADWAY � �,.� •,.E r ;Y- - r���r,'-�w. •'#� '�� '-. -�. 1 r�-"T�.r 1tF��T t'i'.��: �� .�.��-�. -.'� �►�'-41�1 `� - r 'r f}S_�1:7 ��� jsy`-``c Y'' ��� % fI _ t '+y':�1`,': � r, r .• . i.i ` -� f_ { ;:i�lrs:i ir�.�- '_'+'� �•C` �r Fx-_ � r - .-1.:-•.•�- s _ jl':�;! -mil �`- .•� s/l�•`sT'{ �•.. �y -+,� "A_ �-"=' `Isf n �1' S'' �- �- ,y,t.},I{'• ����- _. s:s "S L'- - _' .aa�� ��. _�..�1i •�Niy+L -1 i` f" •ram �� � - .Y `` » \ - [ -_ - .�r f'�y =•�' - - � ti 'yam �f s ' �.;, / - /`,\, ��tyy `� _ :�-• i.. ��- ;� I • Icy,^� r a �iy �.,,-`' �. 1 ���t •� n ��= : Wit'^;= �•+ � : � ��{' --> ' i - • .` ::•ice,, .�` �� � :� � ��+'•,_ .�,� '+ _ -_;�� '04 -17 -7.- '44 ic k- ILI r ........... Kc WWI a Lis NMI ova, Ann. a A r ., I f y.. � •. € % �y (I • k � 'P ''i ,!' Y. l .+�- . - _ r t... .� ..r t" - r, _ �' ,' 3�, � , __ �. It '..+' ��\\��� ���� @� «� \� � » %� \�\�: , . : ° �� :�\ \ §) , �, . . � \� > . \� �\�^ :- y�� � v w � . . � .<»���;�` �k�: w #\�2 .�/\7��\���7> ��2 � - d � 2©+t» * �� k \�. . »�� ^� �(. �p �: � �d� � < � � \� �� \ �: � , : a>� ea � - z �«f� <!d7« . . 2 / f?� \§ y«§ \� %\ : 4 % /yam w»� � :< � �<». �\, .� ©� �� < \\k /2 � .\ «:�,\ \� \/�fyy \\ x2. \ « . >� >\/\}.\� �� .y , , \ .�� ,»' ��� FIR 11, 5S t it•i s r y r , I 6 i I 1R'\, . � ^ jAt k ^� i;\�� » . � \�! ' 2~ .. Ak- c�' , At i