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090165_ENFORCEMENT_20171231
P NORTH CAROLINA .� Department of Environmental Ruai JUSTIFICATION FOR REMISSION REQUEST APS Case Number: DV-2016-0066 County: Bladen �.'V ter Quality Regional Assessed Party: Allen Norris ?ions Section Permit No.: AWS090165 Amount assessed: $8478.92 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Hearing, and Shpulatiarz of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)) remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you tools to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare far); ._ (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil. penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: *!See a 0 + Lc,6_A \kern. req. STATE OF NORTH CAROLINA COUNTY OF SLADEN IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) ALLEN NORRIS ) PERMIT NO. AWS090165 ) DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS NOV .'�. 0 20113 FILE NO. DV-2016-0066 1(Vatr;r Qyahty R'agioi ! Opera!: ""ids 30C�k, l Having been assessed civil penalties totaling $8478.92 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, October 26, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of o J el''"�'6CK , 2016 ADMES S 13301is\eA 14iJ6r . etAe_,x , AJc:_ 3 9-a FEW f®r. a, a i�j71 / 1 lr� t s TELEPHONE MiO� 5Y9 1475 I Norris Farm Incorporated November 4, 2016 Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636. Mail Service Center Raleigh, NC 27699-1636 Ms. Garoma, Below you will find the detailed explanation specific to the Justification for Remission Request for Case Number DB-2016-0066. The explanations are ordered in the same way they appear on the form. 'One or more of the civil Pernalty assessment factors in NCGS 143E-282.1(b) were wrongfully applied to the detriment of the petitioner' While we do not dispute many of the findings of the original violation letter, and have acknowledged as much in the follow up letter on this incident, we do feel that items J and K under the findings of fact were wrongfully applied in this case for the reasons stated in our original follow up letter. We were unaware that a discharge had occurred, and, therefore, had not called DWQto report it. The permit is clear that the 24 hour notification requirement is specific to 'first knowledge'. While we should have possibly been knowledgeable that a discharge had occurred, we did not know. We ask that you reconsider these two items. 'The violator promptly abated continuing environmental damage resulting from the violation' Clearly, once we were made aware of the discharge, immediate steps were taken to promptly abate the issues noted. The discharge pipe was unplugged in the case of the barn issue, and the irrigation system was shut down in the case of the ponding issues. Subsequent to the event, employees have been retrained, and have participated in the OIC training program. New irrigation equipment has been purchased to replace some outdated equipment on the farm. In addition, we are planning to install secondary containment structures to serve as a safeguard against any future barn issues, 'The violation was inadvertent or the result of an accident' Clearly the incidents here were accidental. We take our obligations to abide by our permits very seriously. We have acknowledged that additional training and attention are needed, but the unfortunate incident was accidental. 'The violator had not been assessed civil penalties for any previous violations' There have been no violations on this farm during the time that we have owned the farm. We purchased this farm in 1997. ._Payment of the civil Penalty -will prevent Payment for the remaining necessary remedial actions' The proposed fine of $8478.92 will prevent, or at least make difficult, our ability to install secondary containment on this farm. The projected cost of two secondary containment structures, with the appropriate valves and piping, is estimated to be between $8000-$10000. We feel these structures will provide significant protection against future recycle system or plugging issues. We would ask that you consider a reduction in the fine amount to allow for their installation in a timely manner. Sincerely, Keith Norris Owner,S Water Resources ENVIRONMENTAL QUALITY October 26, 2016 CERTIFIED MAIL - #7015 1520 0000 7838 4153 RETURN RECEIPT REQUESTED Allen Norris Norris Farm #2 92 Baldwin Branch Church Road Elizabethtown, North Carolina 28337 Dear Allen Norris: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 09-0165 Bladen County Enforcement File No. DV-2016-0066 Director This letter transmits notice of a civil penalty assessed against Allen Norris in the amount of $5500.00, and $2978,92 in investigative costs, for a total of $8478.92. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR State of North Caroluta � Environmental Quality I Water Resources Water Quality Regional Operations Section t636 Mail service Center I Raleigh, North Carolina 27699.1636 919 807 6464 Assessment of civil penalty Allen Norris Enforcement # DV-2016-0066 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. l (b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing, You may obtain the petition form from the Office of Administrative Hearings. Assessment'of civil penalty Allen Norris Enforcement # DV-2016-0066 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The. mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (9i9)431-3100 One (1) copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action, Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. 1f you have any questions, please contact Miressa D. Garoma at (919) 807-6340. Sincerely, on R' d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS RECEIVED cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments pEQ�pWR File # DV-2016-0066 w/ attachments WQROS Central Files w/ attachments Bladen County Health -Department NOV 0 4 2016 FAYET7EVILLEQROONAL OFFICE STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ALLEN NORRIS FOR VIOLATIONS OF SWINE WASTE GENERAL PERMIT AWG100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY File No. DV-2016-0066 FINDINGS AND DECISION AND ASSESSMENTS OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Allen Norris owns and operates Norris Farm #2 a swine animal operation in Bladen County, B. Allen Norris was issued a Certificate of Coverage AWS090165 under General Permit AWG100000 for Allen Norris on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of the following activities unless the person has received a permit from the Commission and has complied with all the conditions set forth in the permit: made any outlets into the waters of the State." D. Condition I.L General Permit AWG100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyances, direct application and direct discharge or through ditches not otherwise classified as State waters." E. On February 2, 2016, DWR staff from Fayetteville Regional Office received a complaint that swine waste was observed in an unnamed tributary to Upton Creek. DWR staff visited the facility on February 3, 2016 and observed that waste had bypassed Norris Farm 42 waste collection system by overflowing from a hog house into a fresh water drain system. Waste flowed from the drain through the woods into the unnamed tributary to Upton Creek, which are Class C waters of the State within the Cape Fear River Basin. F. Condition 11.5. of the General Permit AWG 100000, states in part that "In no case shall land application rates result in excessive ponding or any runoff during any given application event." 7 G. On February 3, 2016 when staff entered the Norris Farm #2, it was observed that waste was being applied by two reels. Staff documented by photographs and water samples that the reel closet to the lagoon was applying waste that was ponding and running off into a drainage ditch and in a low area next to the woods. H. Condition II.17. of the General Permit AWG100000 states in part that "The OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designate back-up OIC shall inspect, the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than one hundred and twenty (120) minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, spray field number and the operator for each inspection. Inspections shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." Mr. Norris stated that the reels had been running about an hour and no one had checked the fields after they were started. Condition III.13.a. of the General Permit AWG100000 states in part that "The permitee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands." K. The Fayetteville Regional Office had not received notification within 24 hours of the first knowledge of wastewater discharge from Allen Norris Farm. The DWR received notification from a member of the general public of this discharge. Mr. Norris stated he was not aware of the discharge. L. On February 11, 2016, the Division issued a Notice of Violation /Notice of Intent to Enforce (NOV/NOI) to Allen Norris identifying violations of N.C.G.S. 143-215.1 and General Permit AWG100000, The violations include the unlawful discharge of wastes to waters of the State, failure in maintaining land application rates not resulting in excessive ponding or any runoff, and failure to provide notification to the regional office. M. The NOV/NOI letter was sent by certified mail, return receipt requested and received on February 16, 2016. N. The costs to the State of the enforcement procedures in this matter totaled $2978.92. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Allen Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited discharge constituted making an outlet to. waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which G.S. 143-215.1 requires a permit. The discharge also violated Condition I.1 of General Permit AWG100000. D. The above -cited failure to prevent excessive ponding and runoff violated Condition II.5. of the General Permit AWG100000. E. The above -cited failure to inspect the land application site, to assure that waste is applied in accordance with the CAWMP violated Condition 1I.17. of the General Permit AWG100000. F. The above -cited failure to provide notification to the regional office violated Condition 111.13.a. of General Permit AWG100000. G. Allen Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Allen Norris pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). 1. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following; III. DECISION:. Accordingly, Allen Norris, owner of Norris Farm #2 at the time of the noncompliance is hereby assessed a civil penalty of: c�U For making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 and in violation of Condition I. 1. of the General Permit AWG100000. dot) For violating Condition II.5. of the General Permit AWG100000 for failure to prevent excessive ponding and runoff. $ 5-Go For violating Condition II.17. of the General Permit AWG100000 for failure to properly inspect the land application site to insure that the animal waste is land applied in accordance with the CAWMP. $ 0 00 For violating Condition 11L 13.a. of the General Permit AWG100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of wastewater discharge. $ Sin TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $2978.92 Enforcement costs $ % K 1$ _ 52 __ TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C,G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Allen Norris, in accordance with N.C.G.S.143-215.6(A)(d). (Date) AW n ard, Chief rQuality Regional Operations Section ivision of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Allen Norris County: Bladen Case Number: DV-2016-0066 Permit Number: AWS090165 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; In reference to the cited violation, no harm to the natural resources of the State was observed, to the public health, or to private pr perry was documented. However, runoff of hog waste occurred onto another private propertyt �+ �„�.(, orr Fi.e rt.4 r Q-d Rxcr6t%"4 ����.� aK.k wac� t'JCCvre�. 2) The duration and gravity of the violation; The precise duration and volume of waste discharged from this v' lation is unknown. �vM ytz+s� ,, caw CQ�{'6K14.. fr �nac,7 w%L-111 Sys" T 3) The effect on ground or surface water quantity or quality or on air quality; The effect on groundwater quality was not measured. Visual and analytical evidence confirmed that wastewater was discharged from the pit recharge system of the waste system and from the spray field during a waste application event. Oo4►r+s�rr,.... Sa.,r (;. 41 e(t,,.«L+,S a� Tree.(/one N �� 5�`„Mcr c.•c..�..i;� i. 4) The cost of rectifying the damage; This factor cannot be determined because no data exists to establish the presence or extent of damages. 5) The amount of money saved by noncompliance; No monetary savings can be determined. 6) Whether the violation was committed willfully or intentionally; Based on the information provided by Mr. Norris concerning the discharge of waste from the flush system, the discharge was not committed wildly or intentionally. The DWR staff could notfnd any physical evidence that contradict his statement. Mr. Norris knowingly failed to comply with permit conditions by failure to properly inspect the application site to ensure no waste was ponding or runoff was occurring. 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 The Norris farm #2 has no past history of any discharge violation. 8) The cost to the State of the enforcement procedures. y 5�, '�.� �.d ." $2978.92 T a r)ear.. , Sa�.rer a F _10/2 Zul f� Date sgaard rev 1.0 - 8,31.09 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND STIPULATION OFTACTS ALLEN NORRIS PERMIT NO. AWS090165 ) FILE NO. DV-2016-0066 Having been assessed civil penalties totaling $8478.92 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, October 26, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. This the day of , 2016 Signature ADDRESS TELEPHONE . JUSTIFICATION FOR REMISSION REQUEST APS Case Number: DV-2016-0066 County: Bladen Assessed Party: Allen Norris Permit No.: AWS090165 Amount assessed: $8478.92 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver o Ri ht to an Administrative Heartg& and Stipulation o Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(t)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the_petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for „any previous violations; (e) payment of the civil penalty will prevent_payrnent for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. JUSTIFICATION FOR REMISSION REQUEST 1,113E ED1NMEOIDW R N 0 V i 0 2016 APS Case Number: DV-2016-0066 County: Bladen Assessed Party: Allen Norris +. ,pater Quality Regions[ (-)v^raLians SectionPermit No.: AWS090165 Amount assessed: $8478.92 Please use this form when requesting remission of this civil penalty. You must also complete the "Reguest For Remission, Waiver ofRight to -an _Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penally assessment factors in NCGS 143B-282.1 b were wrongfully applied to the detriment of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental_ damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for an revious violations; (e) 12gMent of the civil penalty_will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: 4% i' LC'ke 1 \item. req. STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) ALLEN NORRIS ) PERMIT NO. AWS090165 ) DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 1, ECEIVEDINCDE0,1DIf1i NOV 1.0 2015 FILE NO. DV-2016-0066 Water Oriality Regloiial operations sectio'l Having been assessed civil penalties totaling $8478.92 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, October 26, 2016, the undersigned,. desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the notice of assessment. u {h This the I day of o v c ^^6—K , 2016 Wture j�i ADDRESS L,, �1 133 0 �w i l A CA 1 `i ckby4f Al11 C 3 �d TELEPHONE M1u� 5 Y9 1475 1 Water Resources ENVIRONMENTAL QUALITY Allen Norris Norris Farm #2 92 Baldwin Branch Church Road Elizabethtown, North Carolina 28337 Dear Mr. Norris: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director November 14, 2016 DECEIVED WR Nov 16 2016 FAYETrEVIL EQoREGIONAL OFFICE SUBJECT: Remission Request Farm # 09-0165 Bladen County File No. DV-2016-0066 Permit No. AWS090165 This letter is to acknowledge receipt of your request, on November 10, 2016, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Belinda Henson, Fayetteville WQROS Regional Supervisor File # DV-2016-0165 WQROS Central Files (AWS090165) State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional Operations 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 707 9129 art!JAI ON- oi op �' gay aa► f :�onnectGIS &CONNECTGIS wE5 1:100 Fee: C2009-2017 Dude Solutiorm All Rights Restmed- I Software Notices Page I of 1 Welcome Guest users Online: 762 Help Mobile View SRT:0.168sec Layers LeFarmnuan Parc0s -� Ityl Y USTax Data PIN: 133000347873 Owner Name: SOUTHERN DIVERSIFIED LLC Owner Name 2: Owner Address: ONE S.W. COLUMBIA STE 1700 Deed Book: 0751 Deed Page: 0170 Owner City. PORTLAND Owner State: OR DeedYear. 2016 DeedAcres: 455 Owner Zip: 97258-2039 PlatBook: PlatPage: SalesAmount 0 Map Acres: 455 Parcelid: 17179 OwnerA& ONE S.W. COLUMBIA STE 1700 OwnerCity. PORTLAND OwnerState: OR OwnerZip: 97258-2039 PID: 17179 TaxDistric: ELIZABETHTOWN FD NeighbCode: 0 LandASVCur 354900 ImproveASV: 0 Land RateTy, AC LandRateCo: W D P Saleslns 1: Saleslnstr. TaxahleVal: 354900 TotalTaxOw: 0 PhysStreet: NC 87 HWY E XXTIAC: 0 LegalDescr. 133000347873 v yL alDes_1: Legend day 50 Results ittps://bladen2.connectgis.com/Map.aspx 1/23/201 f Hutr_htn- F-aarms I. GOOgl2 CD 1 N611 ®® 14: 47 t �• r i J � - f.9rr�ri-,r� � � •ff � �� I-W - 41 -_ - - `�J m f '� Fayetteville Division 2592 Hope Mills Road -- Fayetteville, NC 28306 (910) 864-19201864-8774 fax CHAIN OF CUSTODY RECORD PAGE 1 OF 1 CLIEKr NAME s ADDRESS'. g u•` Q c� a s w1 PCW PROJECT! LOCAn.ON: py� l 6 LLI J O O TYPE OF ANALYSIS PRESERVATION (CODE) 1 V rA. B � "Nb3 (ptKQ) + <4V C- C = H2SO4 (ph<2).+ -WC D =: NaOH + e-4'C E = ZN Acetate .+ C4"C ; F =Sodium Thla ' - CONTACT PERSON: 4 PHOhE ¢ S r (v - 3 0� - 0 LE PB: DATE 1 METHOD OF SHIPMENT: LAB 10 #' Sample Type StartDate StartTime Sample Date Sample Time COMP GRAS Ph D.O. TEMP'C LoR GHDRINE A d 6 ��skr w (a-►�' � I( Iro 00 G ('(0. 1- SD Ll JC it, l(fl 0 Ae[ltcdshed Date Time Received by: Date Time Comments or Special Hazards: 711k1 *14-j a I; S) 2 IC)-14-1 1.51 Temp: Relinquished dyQ Date Time Received by; Date Time 3 4 pf{; Retinquishedby'. Date irtme !Received by'. Date Time 5 6 Flow: Relinquished try: Date Time Received by. Date nme 7 S Additional Sample Comments: NC DENR - DWQ (Surface Water) Ms, Belinda Henson 225 Green Street, #714 Fayetteville NC, 28301 �g)MICROBAC" Fayetteville Division Certificate of Analysis Project: Creek Sample - Hutchinson Farm - 9-168 Source, grab K610456-04 Date Reported: 10120Y 16 Date Received: 10/ 14116 Date Sampled: I0i 1411 h Sampled By: Watts Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Nitrate asN 0.781 mglL 10/17/16 10:08 AC EPA 300.0, Rev. 2.1 (1993) Nitrite as N 1.08 mg/L 10/17/16 10:08 AC EPA 300,0, Rev. 2.1 (1993) Notes and Definitions A G3 No sample dilution met the requirement of a DO depiction of at least 2.0 mg/l- and/or 1.0 mg/L Respectfully Submitted �,eaacxr- Jeanne Overstreet, Overstreet, Project Manages Thank you for your business. We invilr yaurJeedback on our level ofservice ro you. Please contact the Division Manager, Rob Dermer at 910-864.1920 with any questions. You mate also contact J. Trevor 8ovice, President at presidenlQmicrobac.com Microbac Laboratories, Inc. page 2 of 2 2592 Hope Mills Road I Fayetteville, NC 28306 1910.864.1920 p 1910,864,8774 f I www.microbac.com 6)MICROBAC' Fayetteville Division Certificate of Analysis NC DENR - DWQ (Surface Water) Date Reported: 10/20/16 Ms. Belinda Henson Project: Creek Sample - Hutchinson Farm - 9-168 Date Received: 10/14/16 225 Green Street, 0714 Date Sampled: 10/14/16 Fayetteville NC, 28301 Sampled By: Watts Downstream, grab K6J0456-01 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayettevllle BOD 19.1 mg/L 10/14/16 18A5 ELM SM 5210 B-2011 G3 Coliform, Fecal 9300 per 100 mL 10/14/16 16:00 JR SM 9222 D-1997 Nitrate as N 0,201 mg/L 10/17/16 10:08 AC EPA 300.0, Rev. 2.1 (1993) Nitrite as N 0,101 mg/L 10/17/16 10:08 AC EPA 300.0, Rev. 2.1 (1993) Upstream, grab K6J0456-02 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville BOD 36.7 mg/L 10/14/16 18:45 ELM SM 5210 B-2011 Coliform, Fecal 460000 per 100 mL 10/14/16 16:00 JR SM 9222 D-1997 Nitrate as N 0.108 mg/L 10/17/16 10:08 AC EPA 300.0. Rev. 2.1 (1993) Nitrite as N 0.132 mg/L 10/17/16 10:08 AC EPA 300.0, Rev, 2.1 (1993) Preconfluence, grab K6J0456-03 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville BOD 1010 mg/L 10/14/16 18:45 ELM SM 521013-2011 Coliform, Fecal 290000 per 100 mL 10/14/16 16:00 JR SM 9222 13-1997 Nitrate es N 0.426 mg/L 10/17/16 10:08 AC EPA 300.0, Rev. 2.1 (1993) Nitrite as N 0.604 mg/1- 10/17/16 10:08 AC EPA 300.0, Rev. 2.1 (1993) Source, grab K6J0456-04 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Mlcrobac Laboratories, Inc. - Fayetteville BOD 2290 Coliform, Fecal 170000 mg/L 10/14/16 18:45 ELM SM 5210 B-2011 per 100 mL 10/14/16 16:00 JR SM 9222 D-1997 Microbac Laboratories, Inc, Page 1 of 2 2592 Hope Mills Road I Fayetteville, NC 28306 1910,864.1920 p 1910,864,8774 f I www.microbac.com Hutchinson, Bladen Co. October 14, 2016 Release Table 1 Analytical Results Analyte Downstream Upstream Pre -Confluence Source BOD 19.1 36.7 1,010 2,290 Coliform 9,300 460,000 290,000 170,000 Nitrate' 0,201 0.108 0.426 0.781 Nitrite' 0.101 0.132 0.604 1.68 Note: Eventhough "nutrients" were requested, the lab did not analyze for TKN or ammonia. PAT MCCRORY f. . i t, Governor DONALD R. VAN DER VAART C. Secretary WdterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY February 11, 2016 Director CERTIFIED MAIL 7012 3050 00019398 7522 RETURN RECEIPT REQUESTED Mr. Allen Norris 92 Baldwin Branch Church Rd, Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2016-DV-0066 Norris Farm 2 Facility No. 09-1.65, Permit No. AWS090165 Bladen County Dear W. Norris: On February 3, 2016, staff of the NC Division of Water Resources (Division), Water Quality Regional . Operations Section (WQROS), inspected the. Norris Farm 2 and the permitted waste disposal system. We wish'to thank Mr. Allen Norris and Mr. Keith Norris, who were present and assisted during the inspection. Asa result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation I, Failure to prevent discharge of waste to surface waters of wetlands. N.C.G.S. 143-215.1 OC - (Permit No. AWS090165 Section Conditions I 1 and 12), On February 2, 2016 the Division received. notification from a member of the general public that swine waste was observed in an unnamed tributary to Upton Creek. Division staff responded .by visiting the unnamed tributary and observed that waste was in the stream and documented with photographs' With limited daylight left it was determined that the Division.would return on February 3, 2016 to investigate the origin of the waste. . On February 3, 2016, staff returned to the stream and took water samples, photographs and continued the, investigation for the origin of the waste. At 10:45am staff entered Norris Farm 2, and with your permission looked for a possible discharge. Staff documented with photographs and water samples that waste had bypassed your waste collection system by overflowing from a hog house into a fresh water drain system. Waste flowed from the drain through the woods into the unnamed tributary to Upton Creek State of North Carolina j; Environmental Quality I. Water Resources 225 (green Street -Suite 7141 Fayetteville. North Carolina 29301-5043 910433-3300 Mr. Allen Norris ` February 11, 2016 M Page 2 Required Corrective Action for Violation 1: Determine the cause of the discharge in your waste collection system, take action by repairing, cleaning or changing management practices to prevent this from happening again. Violation 2: Failure to notify Division of Water Resources a failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No. AWS090165 Section. M. 13a) Your permit specifically requires notification by telephone as soon as possible, but in no case more than 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition, The Division of Water Resources has no record of receiving the 24-hour notification. The 5 day written report was received on February 8, 2016. Required Corrective Action for Violation 2: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. Violation 3: Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management Plan. In no case shall land application rates result in excessive ponding or any runoff during any given application event. (Permit No. AWS090165 Section II 5) On February 3, 2016 when staff entered your farm it was observed that waste was being applied by two reels. Staff documented by photographs and water samples that the reel close to the lagoon was applying waste that was ponding and running off into a drainage ditch and in"a low area next to the woods. Required Corrective action for Violation 3: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to ponding and runoff, and take all necessary'steps to insure this violation does not reoccur. The steps could include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and calibration of the spray irrigation equipment. Consider construction of a control structure to prevent possible runoff from application events. Violation 4: In no case shall land application. rates result in excessive ponding or any runoff during any given application event, (Permit No. AWS090165, Condition 1I. 17). On February 3, 2016 while applying hog waste to spray fields, failure to make visual inspection of the land application site to �ensurerunoff that excessive ponding and runowould not occur. Documented with photographs and water samples on February 3, 2016. Mr. Allen Norris February 11, 2016 � Page 3 Required Corrective action for Violation 4: In the future,'during land application events, a designated Operator in Charge (OTC) of a type A Animal Waste Management System or an employee under the OIC's supervision must walk the application fields looking at application equipment, subsurface drain outlets, ditches and drainage ways for any sign of ponding or discharge from the spray fields as required by your permit. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before March 15, 2016: 1. An explanation from the OX for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will he taken to prevent these violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before March 15, 2016 and.to provide a written response to this Notice by.March 15, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result df the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you,wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered please send such: information to me in writing within ten (10I days following_ receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate; it will be forwarded to the Director and included.for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not mare that twenty-five thousand ($25,000) dollars against' "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please. contact Steve Guyton or me at (910) 303-0151. Sinc rely, � %7�D Belinda S. enson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield Hog Production -PO Box 856-Warsaw, NC 28398-0856 (Attn: Toni King) Fayetteville Regional Office WQROS files State of North Carolina Department of Environment, Health and Natural Resources 1 • Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B..Howes, Secretary [DIEHNFR DIVISION OF WATER QUALITY July 30, 1997. Mr. Allen Norris Rt. 1, Box 188A Elizabethtown, N. C. 28337 SUBJECT: NOTICE OF DEFICIENCY Norris Swine Farm # 2 Facility No. 09-165 Bladen County Dear Mr. Norris: On July 16, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection at Norris Swine Farm #2 (formerly Hickory Hill) to determine compliance with their certified animal waste management plan (CAWMP). At the time of the investigation our staff confirmed that the facility had not planted all the required crops (soybeans and or wheat). In addition, some of the waste application fields required root removal and other preparation prior to planting a winter crop. 25 of the required 48 acres of waste application spray field were planted in soybeans . The waste application records were not completed because the farm had recently changed owners (July 1, 1997). The facility had no grass cover in several areas on the lagoon dikes. In addition, you are requested to address the following items: 1. Immediately complete the land clearing and preparation for planting the required crop (wheat) per your Certified Animal Waste Management Plan (CAWMP) in the 23 acre spray application fields to allow for the application of waste at agronomic rates. 2. Begin immediately to record all waste applications on the 1RR-2 form or a similar form per hydrant rather than per field. 3. Plant a cover grass on the bare spots on the lagoon dike to prevent erosion. Wachovia Building, Suite 714, Fayetteville FAX 910-486-0707 . North Carolina 28301-&M3 v«/ C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Page 2 Mr. Allen Norris July 30, 1997 Please provide a written response to this office on or before October 17, 1997, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, n.z , �/— � Robert F. Heath Environmental Specialist KTS/RFH cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Sam Warren, Bladen County NRCS State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Mr. Allen Norris Rt. 1, Box 188A Elizabethtown, N. C. 28337 AILWT4 -d I k-WA 00 [Dr-=HNF;Z DIVISION OF WATER QUALITY July 30, 1997. SUBJECT: NOTICE OF DEFICIENCY Norris Swine Farm # 2 Facility No. 09-165 Bladen County Dear Mr. Norris: On July 16, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection at Norris Swine Farm 42 (formerly Hickory Hill) .to determine compliance with their certified animal waste management plan (CAWMP). At the time of the investigation our staff confirmed that the facility had not planted all the required crops (soybeans and or wheat). In addition, some of the waste application fields required root removal and other preparation prior to planting a winter crop..25 of the required 48 acres of waste application spray field were planted in soybeans. The waste application records were not completed because the farm had recently changed owners (July 1, 1997). The facility had no grass cover in several areas on the lagoon dikes. In addition, you are requested to address the following items. - Immediately complete the land clearing and preparation for planting the required crop (wheat) per your Certified Animal Waste Management Plan (CAWMP) in the 23 acre spray application fields to allow for the application of waste at agronomic rates. 2. Begin immediately to record all waste applications on the IRR-2 form or a similar form per hydrant rather than per field. 3. Plant a cover grass on the bare spots on the lagoon dike to prevent erosion. Wachovfa Building, Suite 714, Fayetteville NO FAX 910-486-0707 North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Page 2 Mr. Allen Norris July 30, 1997 Please provide a written response to this office on or before October 17, 1997, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, n .,r cc �z Robert F. Heath Environmental Specialist KTS/RFH cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Sam Warren, Bladen County NRCS J' ;rr'E State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary . ?MAI E)EF.HNF;Z DIVISION OF WATER QUALITY July 30, 1997. I,..- ,_a • , UK,$ Im Mr. Allen Norris Rf 1, Box 188A Elizabethtown, N. C. 28337 SUBJECT: NOTICE OF DEFICIENCY Norris Swine Farm # 2 Facility No. 09-165 Bladen County Dear Mr. Norris: On July 16, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection at Norris Swine Farm #2 (formerly Hickory Hill) to determine compliance with their certified animal waste management plan (CAWMP). At the time of the investigation our staff confirmed that the facility had not planted all the required crops (soybeans and or wheat). In addition, some of the waste application fields required root removal and other preparation prior to planting a winter crop. 25 of the required 48 acres of waste application spray field were planted in soybeans. The waste application records were not completed because the fhrm had recently changed owners (July 1, 1997). The facility had no grass cover in several areas on the, lagoon dikes. In addition, you are requested to address the following items: 1. immediately complete the land clearing and preparation for planting the required crop (wheat) per your Certified Animal Waste Management Plan (CAWMP) in the 23 acre spray application fields to allow for the application of waste at agronomic rates. 2. Begin immediately to record all waste applications on the IRR-2 form or a similar form per' b. hydrant rather than per field. 3. Plant a cover grass on the bare spots on the lagoon dike to prevent erosion. Wachovla Building, Suite 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 N%q C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper fi Page 2 Mr. Allen Norris July 30, 1997 Please provide a written response to this office on or before October 17, 1997, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist KTS/RFH cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Sam Warren, Bladen County NRCS 4ngv NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILL.E REGIONAL OFFICE DIVISION OF WATER QUALITY June 24,1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Allen Norris 92 Baldwin Branch Church Road Elizabethtown, NC 28337 SUBJECT: NOTICE OF DEFICIENCY Norris Farm #1 and Norris Farm #4 Facility Nos. 09-32 and 09-165 '` Bladen County Dear Mr. Norris: On June 8,1999, staff from the Fayetteville Regional Office of the Division of Water Quality conducted routine inspections on your swine facilities located in Bladen County. It was noted that freeboard records were not being maintained weekly as required by the General Permit issued to these facilities. General Permit condition 111.2 states that "Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ.". The last waste samples taken from both facilities were dated in December of 1998. General Permit condition 111.4 states that "An analysis of the animal waste shall be conducted as close to the time of application as practical and at least 60 days (before or after) of the date of application.". It was also noted that both facilities failed to have a copy of the Certificate of Coverage (COC) and General Permit on -site. General Permit condition 1.4 states that "A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored in places such as the farm residence, office, outbuildings, etc.) where the animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion.". The Division of Water Quality requests that the following items be performed: 1. Immediately begin to record weekly freeboard levels on both facilities to be in compliance with the General Permit. 225 GREEN STREET. SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28901-8048 PHONE 910-486-1541 FA% 910-4136-0707 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER r Page 2 Norris Farms June 24,1999. 2. Take a waste sample as close to the date of application as practical but at least 60 days before or 60 days after application as required by General Permit condition 111.4 and the CAWMP. 3. Need to get a copy of the COC and General Permit to keep on -site for both facilities. Please notify this office in writing on or before July 23,1999 at the letterhead above as to the actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Jimmy Vinson - Brown's of Carolina, Inc. NORTH CAROLINA DEPARTMENT or, ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE September 15, 2000 110 M30 1411CROMME : • Mr. Allen Norris .92 Baldwin Branch Rd. Elizabethtown, NC 28337 Subject: Notice of Deficiency Alien Norris Farm and Allen Norris #2 Facility Nos. 09-32 and 09-165 Bladen County Dear Mr. Norris: On September 12, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Allen Norris Farm and the Alien Norris #2 Farm located in Bladen Co. The inspection revealed that the freeboard records at both farms are not being kept per the General Permit. The inspection also revealed that the waste analyses were not current for either farm. The General Permit Condition 1II.2., states, "...waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ." The General Permit Condition 11I.4,, states, " An analysis of the animal waste shall be conducted as close to the time of application as practical and "at least within 60 days (before or after) of the date of application...." In regard to the deficiency(s) noted during the inspection, the following actions are requested: 1. Keep weekly freeboard levels of the lagoons. 2. Keep waste analyses current (approximately every four months to stay In compliance). GiROUNOWATER S6CTiON 228 GR4EN STREET, SUITE 714 / SYSTEL BLD• FAYETTEVILLE, NORTH CAROLINA 28301-8043 PHONE:910.486-1841 FAX: 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIYR ACTION EMPLOYER - SO9.' RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FRIZZ HOTLINE: 1-877.623-6748 Mr. Norris 9-15-00 Page 2 Please provide a written response to this office on or before September 29, 2000 as to the actions taken or proposed to be taken to resolve the deficiency(s). Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. If you have any questions regarding this matter please contact John Hasty at (91'0) 486-1541. Sincerely, ?ohn CHasty, Jr. Environmental Specialist cc: Sonya Avant -Compliance Group Central Files -Raleigh Trent Allen-DSWC Fayetteville Office Sam Warren-Bladen Co. NRCS f a Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desired. ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to 24r Allen Norris 92 Baldwiti Brancb Ad Elizabethtown NC ' 28337 09-32 & 09-165 A. Received by (Please Print CtearYy) I B. Date of Delivery C. S' attfcre - X }may 0 Agent L Addressee D. Is delivery address different from item 1? ❑Yes It YES, enter delivery address below: © No 3. Service Type 'X§2pertffied Mail 0 Express Mail © Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.D.D. 4. Restricted Delivery? (Extra Feel © Yes 2. Article Number {Copy from service taboo Z 425 691 096 PS Form 3811..1uly 1999 Domestic Saturn Receipt wzs9s ss teas i� NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality May 7, 2602 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Allen Norris 92 Baldwin Branch Church Road Elizabethtown, NC 28337 SUBJECT: NOTICE OF VIOLATION 'Allen Norris'Farm & Norris Faun k2 " -Facility Nos: 09-32 &,09-165 Bladen County Dear Mr. Norris: You are hereby notified that, having been 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. On April 25, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the above referenced swine farms in Bladen County. These inspections revealed that lagoon waste analysis was not being performed within 60 days of an irrigation event. Several irrigation events had occurred in January 2002 without a valid waste sample. These items have,been addressed in two previous notices (NOD dated June 24,.1999 and NOD dated September 15, 2000) and previous inspections and reviews conducted by the Division of Water Quality and the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Collect lagoon waste samples at a minimum of every 120 days during periods of wastewater irrigation. Waste samples are valid for 60 days before and 60 days after the sample date. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that, this notice does,not prevent the Divisiornof Water Quality from taking enforcement, actions for this violation or any past or future viol ation..Furtherm'ore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW-FNR,S1AT9.NC.Us1ENR/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE; 1-877-623-6748 Mr. Norris 5-7-02 F , Page 2 Please provide this office with a written response on or before May 22, 2002 as to the actions taken or proposed to be taken to avoid these situations in the future. If you have any questions concerning this matter, please do not hesitate to contact Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. Sin r' 1!r mps/PR ' Paul . Raw1s Regional Water Quality Supervisor Cc: DWQ Raleigh -Compliance Unit Trent Allen-DSWC Fayetteville Office Christopher Bordeaux-Bladen Co. NRCS Central Files -Raleigh ■ Complete Items-1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date of Qe4ery ' item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature i w Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑ Addressee D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No '' Mr Allen 'Norris 92 Baldwin :Bxanch :Church Rd, Elizabethtown �NC '• 2$337 [[ 3. Service Type Certified Mail ❑ Express Mall © Reglstered ❑ Return Receipt for Merchandise t ❑ Insured Mail ❑ C.O,D,. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - i ! : i j 001111132 i22a3 ;.� (lrertstarTromseivicelaneljl709934QtQ PS Form 3811, March 2401 DomesticReturn Receipt - . to25a5-ot 11Ma { i�.€� C3 a ru A1I.en Norris Farm & Norris Farm #2 ru P f ru Postage $ • 34 m r-q Certifled Fee 2.10 �Postmark i Return Receipt Fee Here ' r-1 (Endorsement Required) 1.50 rq t3 Restricted Delivery fee C3 (Endorsement Required) a Total Postage & Fees $ 3.94 Hams (Please Print Clearly) tto be cc) totery by mailer) m Mr__Allen._Norrr ii.....................•----------------- ----- -.....- Street, Apt. No.: or PO Sax No. 42._.�e.l dwin • Brch., Church --Rd ---_ -•---------------- ' -City, $tote, ZIPa! F1 i zabethtown NC 28337-.9011111:11_ BUU;�.yuly, i;lt3ti r' Water Resources Environmental Quality March 23, 2017 CERTIFIED MAIL - #7009 2250 0000 80871832 RETURN RECEIPT REQUESTED Allen Norris Norris Farm #2 92 Baldwin Branch Church Road Elizabethtown, North Carolina 28337 Dear Allen Norris: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director SUBJECT: Request for Remission of Civil Penalty Farm # 09-0165 Pitt County Permit No. AWS090165 File No. DV-2016-0066 In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and remitted $1000.00 of the $8478.92 civil penalty assessment. The revised civil penalty is therefore a total amount of.$7478.92, which includes $2978.92 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. if you decide to pay the penalty please make your check payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa Garoma NC DEQ-DWR Animal Feeding Operations grogram 1636 Mail Service Center Raleigh, NC 27699-1636 OR -�Nothing Compares`--.. State of North Carolina I Environmental Quality j Division of Water Resources Water Quality Regional Operations section 1636 Mail Service Center { Raleigh, North Carolina 27699-1636 919.707-9129 Allen Norris Enforcement # DV-2016-0066 Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation -Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa Garoma NC DEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340. RECEIVED Sincerely, DEQIDWR MAR 2 7 2017 WQROS FAYETTEVILLE REGIONAL OFFICE ATTACHMENTS cc: Fayetteville WQROS Regional Supervisor File # DV-2016-0066 WQROS Central Files (AWS090165) �`� J. Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch r DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2016-0066 Region: Fayetteville Assessed Entity: Allen Norris County: Bladen Permit: AWS090165 ® (a) Whether one or more of the civil penalty' assessment factors were wrongly applied to the detriment of the petitioner: No civil penalty was assessed for Condition III. 13. A. The other factors were not wrongly applied. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Violator did promptly'discontinue Environmental damage. ® (c) Whether the violation was inadvertent or a result of an accident: The violation of the discharge from the swine building was a malfunction of the waste system, but should have been noted much earlier. The violation of the discharge and ponding from the spray field was not inadvertent, was a failure to inspect the spray field during waste application. ® (d) Whether the violator had been assessed civil penalties for any previous violations: No previous assessed civil penalties. ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Unknown if payment will prevent the proposed construction of two secondary containment structures by Norris Farms. The construction of two containment structures was not part of any remedial actions requested by DWR The construction of the containment structures could provide significant protection against future malfunction of the waste management systems. DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission , te (Enter Amount Remitted) 3�Zo/7 S.bftonerman Date rev 1.0 — 8.31.09 /� 4i STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: ALLEN NORRIS DWQ Case Number: DV-2016-0066 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation,yartncrshiu or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case If the Committee is informed that a violation of the State Bar occurs. This the day of 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE I �D-e,OF% r' STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENTOF ENVIRONMENTAL QUALITY COUNTY OF BLADEN FILE NO. DV-2016-0066 IN THE MATTER OF ALLEN NORRIS FINDINGS AND DECISION FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF MANAGEMENT SYSTEM ) CIVIL PENALTIES GENERAL PERMIT AWG1000000 ) PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 } Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), 1, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: 1. FINDINGS OF FACT: A. Allen Norris owns and operates Norris Farm 42, a swine, operation located along 604 Powell Rd. in BLADEN County. B. Allen Norris was issued Certificate of Coverage AWS090165 under General Permit AWG100000 for Norris Farm #2 on October 1, 2014, effective October 1, 2014, with an expiration date of September 30, 2019. This permit does not allow the discharge of waste to waters of the State. C. On February 3, 2016, DWR staff observed a discharge of wastewater at Norris Farm 42 from confinement house and spray field to unnamed tributary to Upton Creek, which are Class C waters of the State within the Cape Fear River Basin. On February 2, 2016 the Division received notification from a member"O'f the general public that swine waste was observed in an unnamed tributary to Upton Creek. Division staff responded by visiting the unnamed tributary and observed that waste was in the stream and documented with photographs. With limited daylight left it was determined that the Division would return on February 3, 2016 to investigate the origin of the waste. r On February 3, 2016, staff returned to the stream and took water samples, photographs and continued the investigation for the origin of the waste. At 10:45am staff entered Norris Farm 2, and with the permission of Mr. Norris DWR staff looked for a possible discharge. Staff documented with photographs and water samples that waste had bypassed Norris Farm #2 waste collection system by overflowing from a hog house into a fresh water drain system. Waste flowed from the drain through the woods into the unnamed tributary to Upton Creek. D. Allen Norris had no valid permit,for the above -described activity. E. On February 11, 2016, the Division issued a Notice of Violation (NOV) to Allen Norris identifying violations of N.C.G.S. 143-215.1 and Permit No. AWS090165. The violations include the unlawful discharge of wastes to waters of the State. F. The NOV letter was sent by certified mail, return receipt requested and received on February 16, 2016. G. On February 11, 2016, a Notice of Intent to enforce letter was issued to Allen Norris for violations of N.C.G.S. 143-215.1 and Permit No. AWS090165. H. The Notice was sent by Certified Mail, Return Receipt Requested and received on February 16, 2016, Condition No. 1. l of the General Permit AWG1000000 states in part that any discharge of waste that reaches surface waters or wetlands by runoff, manmade conveyance, is prohibited except as otherwise provided in the General Permit. J. DWR documented that waste reached waters of the state in part by manmade conveyance (fresh water drain `system). K. Condition No. 1 2 of the general Permit AWGi000000 states that the General Permit does not allow the Permittee to cause a violation of any of the water quality standards established pursuant to title 15A, subehapter 2B of the North Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. L. Water samples taken by DWR Staff documented water quality standards were violated. M. Condition No. III Ba of the General Permit AWG1000000 requires that the Permittee shall report by telephone to the Fayetteville Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the 5 ;r occurrence of failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, wetlands. N. The DWR received notification from a member of the general public of this discharge. Mr. Norris stated he was not aware of the discharge. O. Condition II 5 of the General Permit AWG1000000 states in no case shall land application rates result in excessive ponding or any runoff during any given application event. P. The DWR staff documented with pictures and water samples during an active spray application event that waste was ponding and runoff was accruing. Q. Condition II 17 of the General Permit AWG 1000000 states in part that the operator in charge (OIC) or a person under the supervision of an OIC shall inspect, the land application site,as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. R. Mr. Norris stated that the reels had been running about an hour and no one had checked the fields after they were started. S. The cost to the State of the enforcement procedures in this matter totaled $2,97892. Based upon the above Findings of Fact, I make the following: 11. . CONCLUSIONS OF LAW: A. Allen Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Unnamed tributary to Upton Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6) as a result of: On Allen Norris caused the discharge of waste to waters of the State On February 2, 2016 the Division received notification from a member of the general public that swine waste was observed in an unnamed tributary to Upton Creek. Division staff responded by visiting the unnamed tributary and observed that waste was in the stream and documented with photographs. With limited daylight left it was determined that the Division would return on February 3, 2016 to investigate the origin of the waste. On February 3, 2016, staff returned to the stream and took water samples, photographs and continued the investigation for the origin of the waste. At 10:45am staff entered Norris Farm 2, and with Mr. Norris permission looked for a possible discharge. Staff documented with photographs and water samples that waste had bypassed Mr. Norris waste collection system by overflowing from a hog house into a fresh water drain system. Waste flowed from the drain through the woods into the unnamed tributary to Upton Creels. C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. D. The above -cited failure to prevent any discharge of waste that reaches surface waters or wetlands by runoff, manmade conveyance, is prohibited except as otherwise provided in the General Permit. Violated Condition No. I 1 of the General Permit AWG 1000000 C. The above -cited failure to prevent cause a violation of any of the water quality standards established pursuant to title 15A, subchapter 2B of the North Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. Violated condition No. I 2 of the General Permit AWG 1000000, F. The above -cited failure to report by telephone to the Fayetteville Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure of any component of the animal waste management system resulting in a discharge"'io ditches, surface waters, wetlands. Violated Condition No I1I 13a of the General Permit AWG 1000000. G. The above -cited waste application event where waste was applied at rates that resulted in excessive ponding and runoff. Violated Condition No. II 5 of the General Permit AWG 1000000. 171. The above -cited failure to inspect the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. Violated Condition No. II 17 of the General Permit AWG 1000000 Allen Norris may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for"or.to secure a permit required by G.S. 143-215.1. J. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. K. The Chief of the Water Quality Regional Operations Sections, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of L,aw, I make the following: III. DECISION: Accordingly, Allen Norris is hereby assessed a civil penalty of: $ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ for violating Condition No. 1. 1 of the General Permit AWG1000000 for failure to prevent any discharge of waste that reaches surface waters or wetlands by runoff and manmade conveyance. $ for violating Condition No. I. 2 of the General Permit AWG1000000 for failure to prevent the violation of the water quality standards in the unnamed tributary to Upton Creek established pursuant to title 15A, subchapter 213 of the North'Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. $ for violating Condition No. III 13a of the General Permit AWG100000 by failure to report by telephone to the Fayetteville Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, wetlands. $ for violating Condition No. II 5 of the General Permit AWG1000000 for a waste application event where waste was applied at rates that resulted in excessive ponding and runoff. $ for violating Condition No. lI 17 of the General Permit AWG1000000 for failure to visually and physically inspect the land application site as often as necessary to prevent ponding and runoff. $ TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $ Investigation costs assessed $ TOTAL AMOUNT DUE Pursuant to G,S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above, Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Allen Norris in accordance with N.C.G.S. 143-215.6(A)(d). (Date) John Risgaard, Chief Water Quality Regional Operations Section Division of Water Resources 1 r- PAT MCCRORY Gciveriior . DONAL.D R. VAN DER VAART Wa ter Resources ENVIRONMENTAL. QUALITY February l 1, 2016 CERTIFIED MAIL 7012 3050 0001 9398 7522 RETURN RECEIPT REQUESTED Mr. Allen Norris 92 Baldwin Branch Church Rd. Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2016-DV-0066 Norris Farm 2 Facility No. 09-165, Permit No. AWS090165 Bladen County Dear Mr. Norris: ,crerary S. JAY ZIMMERMAN 0irecrar On February 3, 2016, staff of the NC Division of Water Resources (Division), Water Quality Regional Operations Section (WQROS), inspected the Norris Farm 2 and the permitted waste disposal system. We wish to thank Mr. Allen Norris and Mr. Keith Norris, who were present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation l: Failure to prevent discharge of waste to surface waters of wetlands. N.C.G.S. 143-215.10C - (Permit No. AWS090165 Section Conditions I I and 12), On February 2, 2016 the Division received notification from a member of the general public that swine waste was observed in an unnamed tributary to Upton Creek. Division staff responded by visiting the unnamed tributary and observed that waste was in the stream and documented with photographs. With limited daylight left it was determined that the Division would return on February 3, 2016 to investigate the origin of the waste. On February 3, 2016, staff returned to the stream and took water samples, photographs and continued the investigation for the origin of the waste. At 10:45am staff entered Norris Farm 2, and with your permission looked for a possible discharge. Staff documented with photographs and water samples that waste had bypassed your waste collection system by overflowing from a hog house into a fresh water drain system. Waste flowed from the drain through the woods into the unnamed tributary to Upton Creek Stale of North Carolina I Environmental Quality I Water Resources 225 Green Street -Suite 71+ Fayetteville, North Carolina 28301-5047 Mr. Allen Norris February 11, 2016 Page 2 Required Corrective Action for Violation 1: Determine the cause of the discharge in your waste collection system, take action by repairing, cleaning or changing management practices to prevent this from happening again. Violation 2: Failure to notify Division of Water Resources a failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No. AWS090165 Section III. 13a) Your permit specifically requires notification by telephone as soon as possible, but in no case more than 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour notification. The 5 day written report was received on February 8, 2016. Required Corrective Action for Violation 2: In the future, please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. Violation 3: Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management Plan. In no case shall land application rates result in excessive ponding or any runoff during any given application event. (Permit No. AWS090165 Section 11 5) On February 3, 2016 when staff entered your farm it was observed that waste was being applied by two reels. Staff documented by photographs and water samples that the reel close to the lagoon was applying waste that was ponding and running off into a drainage ditch and in a low area next to the woods. Required Corrective action for Violation 3: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to ponding and runoff, and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of you Certified Animal Waste Management Plan and/or adjustment and calibration of the spray irrigation equipment. Consider construction of a control structure to prevent possible runoff from application events. Violation 4: In no case shall land application rates result in excessive ponding or any runoff during any given application event. (Permit No. AWS090165, Condition 11. 17). On February 3, 2016 while applying hog waste to spray fields, failure to make visual inspection of the land application site to ensure that excessive ponding and runoff would not occur. Documented with photographs and water samples on February 3, 2016. Mr. Allen Norris February 11, 2016 Page 2 Required Corrective action for Violation 4: In the future, during land application events, a designated Operator in Charge (OIC) of a type A Animal Waste Management System or an employee under the OTC's supervision must walk the application fields looking at application equipment, subsurface drain outlets, ditches and drainage ways for any sign of ponding or discharge from the spray fields as required by your permit. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before March 15, 2016: 1. An explanation from the OIC for this farm regarding how this violation occurred 2. A list from the OIC concerning the steps that will he taken to prevent these violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before March 15, 2016 and to provide a written response to this Notice by March 15, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered please_send_such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 303-0151. Sincerely, Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Christine Lawson, DWR Animal Feeding Operations Program Smithfield Hog Production -PO Box 856-Warsaw, NC 28398-0856 (Attn: Toni King) Fayetteville Regional Office WQROS files Mr. Allen Norris February 11, 2016 Page 2 � I, Fayetteville Division 2592 Hope Mills Road -• Fayetteville, NC 28306 (910) 864-19201864-8774 fax CHAIN OF CUSTODY RECORD . PAGE 1 OF 1 �. rum PROJECT I LOCATION: %0r I�llJ/�/ SEs�ru—.S� D r ►r Fair r✓v % CONTACT PERSON: _ (JL' i $I t �J� Drt PHONE: LED BY; / ""' 33 z V DATE! METHOD OF SHIPMENT: J - U) D L' 0. TYPE OF ANALYSIS PRESERVATION (CODE) ;'r -�. L CODE: A = None ' B = HNO3 (pH<2) + <6`C C = H2SO4 (pH<2)'+ <6`C D = NaOH + <6°C - . E = zN Acetate + <6°C . F = HCI G = Sodium Thio LAB ID # SAMPLE TYPE DATE TIME COMP GRAB PH FLOW TEMP •C RES• CHLORINE SULFIDE G{Zni��a(!Rx 'ice yr%+ �s� �7tc-Gt rnut .- �StrJc�d+�rt c+ao--k- 'pvrL P-4-tLa Lab Initials-♦ i1sh dY: Date Time Received r. (sigeatu Date Time turnaround time: REGULAR RUSH i� z a- KO a � I:n by: Detz Time Renekea by: (slgneture) Date Tim.. Comments or Special Hazards. RT►', 3 4 Ished 6Y: Datn Time Received by: (Signature) NEW"Date Time 5 6 ---- N" —t'.u: water Level 01 IS DATA- FOR REG. COM_ PLIANGS-�PURPOSF7 Temp Field 1: Temp Fiend 2: Water Level #2 NO YES WHICH: Fayetteville Division 2592 Hope Mills Road - Fayetteville, NC 28306 (910) 864-19201864-8774 fax CHAIN OF CUSTODY RIWCORD PAGE i OF i :LIEN T NAME & ADDRESS: �,�C��.L' a r"e vi, St .�t;IC Ak c! t � � PO ) rl-. - rryv ;;;=/I W 0 M TYPEOF ANALYSIS PRESERVATION (CODE) 11 CODE: A = None B = HNO3 (pH-2) + <6°C C = H2SO4 (pH<2) + <6^C D = NaOH + <6°C E = ZN Acetate + <6'C F = HCI = Sodi m i PH FLOW TEMP'C SULFIDE CHLORINE CONTACT PERSON: G( C� Ad S 2 �, 3LL WPLEO BY: �i: l i pur�i4 ❑ 1ME.THODOFSHIPMENT: LA Et ID s SAMPLE TYPE DATE TIME coup RB GA 3 e- t i, co gir` 2131r L 1 Jt I ✓ �O 0 f# W3 iW:Sa r C +�,� 1�;� .�'i i Z4 rn, , is � (,) : p� i✓ In Lao Irttuals-0. squished by: Date Time Received,' , Signature) _ F ❑ e Time 1a, :1 2_3r� 1 15 squished by: Date Time Received by: (Signature) Date Time 3 4 squished by: Date Time Received by: (Signature) Date Time 5 6 ph Field: ph Field: Temp Field 1: Temp Field 2: Water Lave! #1 Water Level #2 Turnaround time: REGULAR RUSH Comments or Special Hazards: IS DATA FOR REG. COMPLIANCE PURPOSE? NO YES WHICH WaterResotirces ENV1RON1MENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN- DER VAART Secretary S. JAY ZIMMERMAN February 11, 2016 Director CERTIFIED MAIL 7012 3050 00019398 7522 RETURN RECEIPT REQUESTED - - Mr. Allen Norris 92 Baldwin Branch Church Rd. Elizabethtown, North Carolina'28337 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 NOV-2016-DV-0066 . Norris Farm 2 Facility No. 09-165,"FermitNo, AWS090165 'Bladen County. Dear Mr. Norris: : y On February 3;.2016) staff of the NC Division, of Water Resources (Division), Water Quality: Regional Operations Section (WQRQS), inspected. the. Norris Farm 2 and the permitted waste disposal system.. We wish;to thank W Allen Norris and Mr. Keith Norris, ,who were present and assisted during the inspection. " As'a result of this inspection, you, are hereby_notified that, having been .permitted to. have a non -discharge permit ,for the. subject animal waste disposal system pursuant to-15A NCAC 2T .1304, .you have been found to be in violation-of.your permit as: follows,: ' Violation) 1: Failure to prevent discharge of"waste to surface waters of wetlands'. N.C.G.S: 1!13-215.10C - (Permit No. AWS090165 Section Conditions I 1 and L2). On.February 2; 2016 the Division.received notification from a member of the general public that swine waste was observed in an unnamed tributary to Upton Creek. Division staff responded by visiting the . unnamed tributary and observed that "waste was in the stream and: documented with photographs: With limited daylight left it was determined that the Division.would return on February 3, 2016 to investigate . , the origin of the waste. . On February 3, 2016, staff returned to the stream and took water samples, .photographs and continued the. investigation for the. origin of the waste. At 10 45am staff entered Norris Farin.2, and'with your... permission looked for apossible discharge, Staff documented with photographs and water samples that waste had bypassed your waste collection system by overflowing-frorn a hog house into a fresh water drain system. Waste flowed from the drain through -the woods into the unnamed tributary to Upton Creek State amorth Carolina I Environmental Quality I WatorAesourcea 225 Green Street -Suite 7141 Fayetteville, North Carolina 21301-5043 910-433-3300 Mr. Allen Norris February 11, 2016 r Page 2 Required Corrective Action for Violation 1: Determine the cause of the discharge in your.waste collection system, take action by repairing, cleaning - or changing management practices to prevent this from happening again. Violation 2: Failure to notify Division of. Water Resources a failure of any component of the anirhal waste management system resulting in a discharge to ditches, surface waters or wetlands. (Permit No. AWS090165 Section III, 13a) Your permit specifically requires notification by telephone as soon as possible; but in no case more than 24 hours and a written report within 5 calendar days following first knowledge of the,occurrence of a reportable permit condition. The Division of Water Resources has no record of receiving the 24-hour . notification. The 5 day written report Was received on February,8, 2Q16. , . Required Corrective Action for. Violation 2:.. ' In the future,'please notify the Division of Water Resources of the occurrence of any reportable events in accordance with your'permit. Violation 3: Failure to apply'animal wasteIt rates in accordance'*ith your'permit and Certified Animal.Waste Management Plan. In no case shall land application rates result in excessive ponding'or any runoff during any given application event. (Permit No. AWS090165 Section II 5) On February 3, 2016 when staff entered your farm it was observed that waste was being applied by..two reels. Staff documented by photographs and 'water samples that the reel close to the7n was . applying waste that was ponding and running off i.nto-a drainage , ditch and in'a'low. area next to the woods: Required Corrective action for. Violation 3: If you have not already done so, immediately cease application methods of animal ,waste that causes or contributes -to ponding and runoff,, and take all necessary'steps to, insure'this:violatiori 'does not reoccur.. The steps'couid include but are.not limited to modification'ofyou Certified.Aninia&Waste 14anagemelif Plan and/or adjustment and calibration of the spray irrigation equipinent:.''` Consider construction' of a control structure to prevent possible runoff from application events. Violation 4: In no case shall land application rate8 ii' ,sult in excessive ponding or any runoff during any given`' application event., (Permit No.',AWS090165, Condition IT. 17). On February 3,.2016 while applying hog waste to spray f elds, .failure to make visual inspection of the. land application site to ensure that excessive ponding and runoff would not occur. Documented with .. . photographs and water samples on February 3, 2016. : ' Mr. Aifen Norris February 11; 2016 . Page. Required Corrective action for Violation 4: In the: future, during land application events, a designated Operator in Charge (01C) of a type A Animal Waste Management Systein or'an employee under. the OIC's supervision must walk'the application fields looking at application equipment, subsurface drain outlets, ditches'and drainage ways for any sign of ponding or discharge from the spray fields as required by your permit: The Division- of -Water Resources requests that, in addition to the specified corrective action above; please submit the following.items on, or.before March:15, 2016: ; I. An explanation front the. OIC far this farm regarding how, this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before March 15, 2016 and to provide A,written response to this'Notice by.March.15; 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective- actions not addressed. As a result of the violations'in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of th&Division. If' u:wish to present an explanation for the violations cited, or if you believe there. are other factors,.which should be considered; please send such'information tome in writing within ten (10) days following receipt of this letter. Your. response.will be reviewed,. and, if an enforcement action is still deemed appropriate; it willbe forwarded to the Director and included for consideration.: Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director.of the Division of Water Quality who may issue a civil penalty assessment of not morel that twenty-five thousand ($25,000) dollars against any `.`person" :who: violates or fails to act in accordance with the terms, conditions, or.requirements of a permit under authority.of G.S. 143-215.6A. If you have any questions concerning this Notice, please. contact Steve Guyton or meat (910) 303-0151:' Sint rely, 11 Belinda.S. enson Regional 'Supervisor .Water Quality Regional Operations Section. Division of Water Resources cc: Christine Lawson, DWR Animal.Feeding Operations Program Smithfield Hog ProductiionbPO Box 856 Warsaw; NC 28398-0856 (Attn: Toni King) Fa yettevilleiReg�orial.O ce�WQROS.iiles US CERTlFIE-b MAILY,;; RECEIPT- -(Domestic Mai!`Ori!y; Nvo insurance CaV&age Provided) _ �oE ifcfivery;information,visit:burIFFICIAL USE vrebstYe'ai-vmw;usps:com �F Certified Fee 3i 1r Postmark O Refum Recut Fee �Jj a!i Cl (£ndwsemeni Required? ((// Here Reshictsd De>ivery t ee I �� � (Endorsement Requi[edj .. /'��� EC] -Total Postage &Fees $ ! / ;jm Discharge Notification a) Description of the discharge: See attached. COve_29 b) Time of discharger The exact time of discharge, is unknown. 7khe pit plug was pulled on House 10 at approximately 4pm-5pm on Monday, February 1, 2016.On Tuesday, February 2, 2016, the discharge was discovered around Sam by an employee. c) Caus2 of thg dis har e: After the pit was drained, a blockage of solids prevented flow through the drainage pipe into the lagoon. Unknown to us, the recycle valves which refill the pit were open. Normally, water fills the pit until the pit level is full and the overflow drains into the drainage pipe to the lagoon. In this instance, solids had built up and caused an obstruction in the drainage pipe. The pit water then overflowed around the drainage pipe. d) 5 e s t ken: When the obstruction was discovered by the employee on February 2, 2016 around gam, the obstruction was cleared by the employee. The employee stated that there was no visible ponding on the ground around the pipe, so he thought that it was draining into the lagoon. The employee then returned to his routine duties of the day, without notifying anyone else of the Issue, since -he believed it was rectified.,,, A. 1, After DWR representatives left the farm on Wednesday, February 3, 2016, a farm meeting was held where the employee revealed to owners that he had encountered a problem with House 10 on Tuesday morning, including the steps he had taken to address it. After the meeting, the following actions were taken to prevent reoccurrence of this problem: I. Salt buildup was cleaned from the discharge pipe. 2. The house was then flushed thoroughly to ensure patency. 3. Employee will be enrolled in next available Animal Waste Operator Certification Training class on April 21, 2016 to increase his awareness of systems and controls. e) Analysis of the waste: See attached. p Q1 --> SNIA 9 0 lo� G.Q NCOMM Apronandt Ohlsloa Phone: (BID) 7334M' Vhbsft: www.ncagrAadapronowll FY184Y004M Jed Nonft Pape 2of2 RM P'N Jurafroatim NUbfKd and OdW MWISUMUSAIS NdroW IN (PPM) P (WW K (Avon) Ca (wrW NO sms S (Awn) Fe (leem) Ain AvW Z? OPW Cu ftW 8 &AT# Na Wn) C (AUM) SaMISMID. 2200 YMasfe (,)cola ALS TOWN 39.1 575 105 40.1 44.1 6.07 043 IAS 1.49 0.74 256 08SWWW.- T09W**kWN 601 ------ -------- 1-1*1 ------ ----------- 11 ------- 8wh" Uvoon Liq- PH DU (%) SS (10-BSkffl) EC pmm) COE (NJ ALE(I0009W-) QN Worgaft N NH4-N 7.38 NO3-N Omark N Alfto Cd(ppW PbAwn) Af(wW Soap* LJMpV AsUO Gropoo COMPM CtbvW Ab*prn) umn EsOnate of ndftft AvaMM for Fbst Crop (IbIlowgul.) OIMr Ekmmb (lb ( IOW gOL) APPOcation ANIW N P2M K20 CS Afa S Fe AM zn cu 0 AID Cl Ago N Cd Pb Al So u Irrigation 2.51 0.75 8.76 0.88 0.33 OX 0.07 0.01 0L01 0.01 0.01 2-13 il—dendox thD We"' RePolt" - addbonei Wbma5m., www.ncanr.aovtaaronomtfpdfflleshwaste.pdf & www.ncaqr.aovlawanomVpdMIss stesiulde.pd .dent oonowdrations and offierdate on Oft report are pmvkledso Metwaste runic feks can beappbod at agronomic rates, thereby suppknWnftQor oedarl fertillver application and preventing umbronumMoonlarnbollonAn r Ha ling the Laboratiory Reardb Sutton. rmlxfnber that malsrtNa wNh 15%dry rraltter (generally ()gotta) ere anetyrsd as receNed; a8 other WaSIBS M &W Poet VMu" In to Esftdo of Iftebub AvvftW for First Crop motion we based on the Mn of waste and uwOwd of application you qxmffy and relhed the led OW only 40-60% of OW MOW and 70-100% of 00M rudrients b000nve avalaMe wlM one year of application. The renteinder my orb eva b000rle available. - ppm a parts per MIUM S - shernans; nd ndlisletnens; T -trace (-c0.005 bkwft EC - elechical conft*wgr, OCE - cdchnn coibonate equMdencw. ALE - agricuituFal bone oWlvalanow. PH - oddity or bes"; ONM % dry matter Fx serni-solid and soM waste mnpkm ads vacua MdMafts oonversion of dry -basis coincenballona (pprn) bat* to we"asis of odakud samplel QH redo - cmbw:nWogon redo. Date of Visit: Arrival Time:1 Departure Time: '3 County: ��- Farm Name: p rT ; 5 �'=�r./n �.-. � � Owner Email: Owner Name:ly�,.i N47�ri,j Phone: Mailing Address: Physical Address: Region: Facility Contact: 14/l rr'L %ip / /';S Title: 696uy z'/ Phone: Onsite Representative: Integrator: �;Ize/� Certified Operator: 150-. c— Certification Number: / 6.3 0 3 Back-up Operator: Location of Farm: Latitude: Certification Number: Longitude: Swine Wean to Finish Design Current Design Current Design Current Capacity Pop. Wet Poultry Capacity Pap. Cattle Capacity Pap. Layer DairyCow Non -La er DairyCalf Wean to Feeder Feeder to Finish Farrow to Wean lvA- Design Current DairyHeifer D Cow Non -Dairy Farrow to Feeder Der P,oultr. Ca aci P.a La ers Farrow to Finish Beef Stocker Gilts Non -Layers Beef Feeder Boars Other Other Pullets Turke s Turkey Poults Other Beef Brood Cow Discharees and Stream Impacts 1. Is any discharge observed from any part of the operation? Yes ❑ No ❑ NA ❑ NE Discharge originated at: r Structure Application Field Other: Ffr_� w�(a;s.0 � ZiiL4-6 a. Was the conveyance man-made? ® Yes ❑ No NA ❑ NE b. Did the discharge reach waters of the State? (If yes, notify DWR) Yes [:]No NA NE c. What is the estimated volume that reached waters of the State (gallons)? Poo -y" d. Does the discharge bypass the waste management system? (If yes, notify DWR) Yes No [] NA [] NE 2. Is there evidence of a past discharge from any part of the operation? Yes No NA NE 3. Were there any observable adverse impacts or potential adverse impacts to the waters Yes No NA NE of the State other than from a discharge? Page I of 3 21412014 Continued Facility Number: - r Date of Inspection: Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes FZ71 No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): 19 Observed Freeboard (in): �p 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes No ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes ® No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes [ a No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes JE No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require Ej Yes [:]No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes 0 No ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. 10 Yes ❑ No ❑ NA ❑ NE Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground [] Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): ,/) 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ® No ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ® Yes ❑ No ❑ NA ❑ NE 16. Did the facility fait to secure and/or operate per the irrigation design or wettable ❑ Yes ❑ No ❑ NA 2 NE acres determination? 17. Does the facility lack adequate acreage for land application? 18. is there a lack of properly operating waste application equipment? ❑ Yes ❑ No ❑ NA [a NE ❑ Yes ❑ No ❑ NA ® NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA [,NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA -® NE the appropriate box. ❑ WUP ❑Checklists []Design ❑ Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. [] Yes ❑ No ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ RainfaIl ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections 22, Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑NA g]NE ❑ Weather Code ❑ Sludge Survey [DNA ®NE ❑ NA ZI NE Page 2 of 3 121412014 Continued H'acili Number: 5, t I Date of Inspection: — 3— lb 1 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA NE 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No ❑ NA NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey [:]Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ Yes ❑ No ❑ NA NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Yes [:]No ❑ NA NE Other Issues 28. Did the facility fail to property dispose of dead animals with 24 hours and/or document ❑ Yes ❑ No ❑ NA ® NE and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes g No ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the Yes ❑ No ❑ NA ❑ NE permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ® NE ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes No ❑ NA ❑ NE 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes No ❑ NA ❑ NE 34. Does the facility require a follow-up visit by the same agency? Yes ❑ No ❑ NA ❑ NE Comments (refer to question ft Explain any YES answers and/or any additional recommendations or any other comments. Use drawings of facility to better explain situations (use additional pages as necessary). �� GUOS i`c n Tram•-��� �ju 7�t�Gz�r-/ lr-c:� pL-'Tdac�Pc�i% F�rFu.�- �i� *-,STr'c �v%fh ,��✓� �/� D .� s CY alp 1•5,1 ✓/ �yz �/7J� D � L/ iS � � �� f rr 44 Jr Xu A-- 417 57- Gam ` A �vr►a►'�- Ala ,-- n Or. it'i �Y1 ��/I VJIt fiwv f7 ri 74 r` Reviewer/Inspector Name: Phone: 9,17"-s.3 .�e-MD Reviewer/Inspector Signature: Date: Page 3 of 3 21412014 0 Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 090165 Facility Status: Active Inpsection Type: Compliance Inspection Permit: AWS090165 Inactive Or Closed Date: Reason for Visit: Complaint County: Bladen Region: Date of Visit: 02/03/2016 Entry Time: 10:45 am Exit Time: 1:30 pm Incident # Farm Name: N°Ms Farm #2 Owner: J Allen Norris Mailing Address: 92 Baldwin Branch Church Rd Owner Email: Phone: Elizabethtown NC 283375348 ❑ Denied Access Fayetteville 910-645-4842 Physical Address: 604 Powell Rd Ctarkton NC 28433 Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC Location of Farm: Latitude: 34' 32' 28" Longitude: 78° 32' 37" At the end of SR 1720 off of SR 1719 approx. 1 mile east of Its intersection with SR 1708, northwest of Lisbon, NC. Question Areas: Dischrge & Stream impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Jack A Norris Operator Certification Number: 16303 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Allen Norris Phone: On -site representative Allen Norris Phone : Primary Inspector: Steve Guyton Phone: Inspector Signature: Date: Secondary Inspector(s): Belinda S Henson Bill Dunlap Trent Allen Inspection Summary: 910-433-3300 Ext.726 page: 1 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/03/16 Inspection Type: Compliance Inspection Reason for Visit: Complaint 1.recived complaint on 2-2-2016 , documented hog waste in stream. Due to time of day it was too late to sample for facial and to dark for futher investigation. 2-3-201 B meet with staff from FRO to sample and determin which farm the wate was coming from. Onsite visit to this farm it was documented that waste had been discharged from a hog house into the fresh water drain system, Also they were pumping waste on to the fields and pond ing and runoff was acurringat the time of this visit Waste did reach a unnamed tributary that flows to Upton Creek In the Cape Fear Basin. Samples were taken along with pictures to document the events. The farm sloped pumping and contained the waste to stop futher discharge. 9. determine the cause of the discharge from the hog house and repair. 30. Owner did not report the discharge said he was not aware of the discharge. 11. Ponding from spray application also was discharging from the field. Belinda Henson ! Trent Allen T Bill Dunlap from FRO helped with this site visit. page: 2 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection hate: 02/03/16 lnppection Type: Compliance Inspection Reason for Visit: Complaint Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Lagoon 1 19.00 26.00 page: 3 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number, 090165 Inspection Date: 02/03/16 Inpsection Type: Compliance Inspection Reason for Visit: Complaint DischaMes & Stream Impacts Yes No No Ne 1. Is any discharge observed from any part of the operation? M ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field Other a. Was conveyance man-made? ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) moo ❑ c. What is the estimated volume that reached waters of the State (gallons)? 1000 pause d. Does discharge bypass the waste management system? (if yes, notify DWQ) 110 ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑M ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ M ❑ ❑ State other than from a discharge? Waste Collection, Storane A Treatment Yes No Na Ne 4. Is storage capacity less than adequate? Cl 0 ❑ ❑ If yes, is waste level into structural freeboard? 1] 5. Are there any immediate threats to the integrity of any of the structures observed (Led large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ 0 ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ M ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9, Does any part of the waste management system other than the waste structures require M ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need 1101111 maintenance or improvement? 11. Is there evidence of incorrect application? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%110 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? n Evidence of wind drift? ❑ Application outside of application area? ❑ page: 4 Permit: AWS090165 Owner - Facility: J Allen Norris Facility Number: 090165 Inspection Date: 02103M6 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Waste Application Yae No Na He Crop Type 1 Small Grain (Wheat, Barley, oats) Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ N ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop andlor land application site need improvement? ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? [] ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ❑ 20, Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 5 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/03/16 Inpsection Type: Compliance Inspection Reason for Visit: Complaint Records and Documents Yee No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ [] 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ■ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 1111 27. Did the facility fall to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Other Issues Yes No Na No 2& Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ N ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? N ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon 1 Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ N ❑ ❑ CAWMP? 33. Did the Reviewerlinspector fail to discuss reviewfinspection with on -site representative? ❑ ❑ ❑ 34. Does the facility require a follow-up visit by same agency? 0 ❑ ❑ ❑ page: 6 oD-2-vf.tp Tc—nc7P f1- 3 - I N r Type of Visit: Compli nce Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit: outine 0 Complaint 0 Follow-up 0 Referral 0 Emereencv 0 Other 0 Denied Access Date of Visit: Arrival Time: I Y D Dv Departure Time: County: Farm Name: Owner Email: Owner Name: rl/ 1 r �-�-D //Js Phone: Mailing Address: Physical Address: Facility Contact: a Title: li9le-e-on Phone: Onsite Representative: �SGy,«� Integrator: Certified Operator: Certification Number: Back-up Operator: Certification Number: Location of Farm: Latitude: Longitude: Region: `�L �„ Design Current Swine °w m °' Cap parity Pap. Wet Pouitry Design Capacity Current Pop, Design Current Cattle Capacity Fop. Wean to Finish �1Layer Dai Cow Wean to Feeder Non -La er I Calf Feeder to Finish Design Current Dt. P,ou1 Ca aci P,o . Da' Heifer Dry Cow Non -Dairy Farrow to Wean Farrow to Feeder Farrow to Finish Layers Beef Stocker Beef Feeder Gilts Non -Layers Boars Pullets Beef Brood Cow 1- Other ::,11 OtherIFAI Turkeys Turke Poults 10ther Discharges -and Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: a. Was the conveyance man-made? b. Did the discharge reach waters of the State? (If yes, notify DWR) c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? ❑ Yes �q No ❑ NA ❑ NE ❑ Yes ❑ No [] Yes ❑ No ❑ NA ❑ NE ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE []Yes rNo [] NA ❑ NE ❑ Yes ® No ❑ NA ❑ NE Page 1 of 3 21412014 Continued Facility Number: - Date of Ins ection: 6 Waste Collection & Treatment ' 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑-Yes No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes Z No ❑ NA ❑ NE Structure l Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): ^19— Observed Freeboard (in): 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes [g No ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes [3-No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes,'and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes Callo ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes ® No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes [g No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes CE-No ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ YesIN No ❑ NA ❑ NE ❑ Excessive.Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window J ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): �v�{��f?r,, /Go(ti 13. Soil Type(s): r— }4- A / jMP4 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes INo ❑ NA ❑ NE wa 15. Does the receiving crop and/or land application site need improvement? ❑ Yes No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes ® No ❑ NA [.] NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes No ❑ NA ❑ NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes No ❑ NA ❑ NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes Ej� No ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ®-No ❑ NA ❑ NE the appropriate box. ❑WUP [I Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes [RNo ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections 22. Did the facility fail to install and maintain a rain gauge? [:]Yes ®No 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ® No ❑ NA ❑ NE ❑ Weather Code ❑ Sludge Survey ❑ NA ❑ NE ❑ NA ❑ NE Page 2 of 3 21412014 Continued Facility Number: - Date of Ins ection: 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes (n No ❑ NA ❑ NE ' 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes EQ No ❑ NA ❑ NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.c., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond , ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWNIP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? �' Fa/w- W a.� z �"=� Gh � ors-ryt�� �j7,/z�',�► �- c / Reviewer/Inspector Name: ❑ Yes ® No ❑ NA ❑ NE ❑ Yes 0 No ❑ NA ❑ NE ❑ Yes CR No ❑ NA ❑ NE ❑ Yes (Z No ❑ NA ❑ NE ❑ Yes XNo ❑ NA ❑ NE [] Yes - ® No ❑ NA ❑ NE [:]Yes No [:]Yes No ❑ Yes ® No ❑NA ❑NE ❑NA ❑NE ❑NA ❑NE Phone: Reviewer/Inspector Signature: _ �--- Date: Page 3 of 3 21412014 M Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 090165 Facility Status: Active Permit: AWS090165 Denied Access Inppectlon Type: Compliance Inspection Inactive Or Closed Date: Reason for visit: Routine County: Bladen Region: Fayetteville Date of Visit: 02/23/2016 EntryTime: 10:00 am Exit Time: 11:33 am Incident # Farm Name: Norris Farm #2 Owner Email: Owner: J Allen Norris Phone: 910-645-4842 Mailing Address: 92 Baldwin Branch Church Rd Elizabethtown NC 283375348 Physical Address: 604 Powell Rd Clarkton NC 28433 Facility Status: ❑ Compliant Not Compliant Integrator: Murphy -Brown LLC Location of Farm: Latitude: 34' 32' 28" Longitude: 78° 32' 37" At the end of SR 1720 off of SR 1719 approx. 1 mile east of its intersection with SR 1708, northwest of Lisbon, NC. Question Areas: Dischrge & Stream Impacts Waste Col, Star, & Treat Waste Application Records and Documents Other Issues Certified Operator: Jack A Norris Operator Certification Number: 16303 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Allen Norris Phone: On -site representative Allen Norris Phone: Primary Inspector: Steve Guyton Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: 4. Lagoon level was reported and POA revived Note: farm was going to change to Bermuda last year was not able to plant had to change to car. wheat is planted now will talk to agronimist about when to plant bermuda. picked up 10 day letter for 2-3-2016 discharge NOVlNOI on 2-8-2016 2:39pm picked up the 30 day response letter during this inspection farm will receive a NOD for freeboard page: 1 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/23/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine Swine - Feeder to Finish 5,880 1,800 Total Design Capacity: 5,880 Total SSLW: 793,800 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Lagoon 1 19.00 18.50 page: 2 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/23/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharpes & Stream Impacts Yes No No No 1. Is any discharge observed from any part of the operation? ❑ ■ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ [] b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑M ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ M ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? j] ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collec ion,_Storage & Treatment Yes No No No 4. Is storage capacity less than adequate? 0 ❑ ❑ ❑ If yes, is waste level into structural freeboard? [] 5. Are there any immediate threats to the integrity of any of the structures observed (Led large ❑ � ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ 0 ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ 0 ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ MEI ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ M ❑ ❑ maintenance or improvement? ate ARelication Yes No No No 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ M ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? [] page: 3 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/23/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Applicapon Yes No Na Ns Crop Type 1 Cam (Grain) Crop Type 2 Small Grain (Wheat, Barley, Oats) Crop Type 3 Sorghum, Sudex (Pasture) Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Cxum very fine sandy loam, 0 to 3% slope Soil Type 2 Norfolk loamy fine sand, 0 to 2% slopes Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? [J ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Records and Documents Yes No Na No 19. Did the facility fail to have Certificate of Coverage and Pen -nit readily available? ❑ ■ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑0 ❑ ❑ tf yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ page: 4 Permit: AWS090165 Owner - Facility : J Allen Norris Facility Number: 090165 Inspection Date: 02/23/16 Inppection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na No Rainfall? ❑ Stocking? ❑ Crop yields? ❑ 120 Minute inspections? ❑ Monthly and V Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fall to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ■ ❑ ❑ Other lesu@s Yes No Na No 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document 1101111 and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ ❑ ❑ if yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ M ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ page: 5 Norris Farm Incorporated February 18, 2016 Belinda S. Henson Regional Supervisor Water Quality Regional Operations Section Division of Water Resources 225 Green Street —Suite 714 Fayetteville, NC 28301-5043 Dear Ms. Henson, I am writing this letter in response to the Notice of Violation / Notice of Intent (NOV-2016-DV- 0066) sent on February 11, 2016 regarding a discharge that occurred on my farm on February 2, 2016. 1 will address the violations in the order in which they appear in this letter. Violation 1 Failure to prevent discharge of waste to surface waters or wetlands There is no dispute regarding the facts as presented. Wastewater was discharged from one of the swine buildings due to a blockage of an overflow pipe intended to prevent such a discharge from occurring. A farm employee noticed the blockage at around 8am on the morning of February 2"d, and immediately cleared the blockage. There was no visual signs that the blockage had occurred for any extended period of time due to it immediately running into an underground drainage feature intended for rainwater. The employee did not realize that there had been a discharge and, therefore, did not report it to farm management. To prevent this from re -occurring, this employee has and will continue to receive additional training, including the N.C. OIC course to insure a better understanding of the significance of these types of events, and ways to prevent them from re -occurring. In addition, we are considering installing secondary containment structures on this farm as a back-up procedure. Information is currently being gathered on how this may best be accomplished. Violation 2 Failure to notify the Division of Water Resources of a failure of any component of the animal wastes management system resulting in a discharge As stated previously, neither the employee nor farm management was aware that a discharge had occurred from the farm. If aware, the discharge would have been reported as required. Our first knowledge of a problem was when DWR staff arrived at the farm. Violation 3 Failure to apply animal waste at appropriate rates The field staff noted during their visit that a reel that had been running for approximately 1 hour was causing ponding and runoff from the spray field to a low area adjacent to the , application field. Application was immediately stopped upon this being found. Going forward, land application events will be monitored more closely to insure against ponding and/or runoff. Violation 4 In no case shall land application rates result in excessive Ponding or any runoff during any given application event See response above. Additional measures have been implemented specific to inspection and oversite of land application activities. We are very disappointed that this situation occurred on our farm. We have never had any issues regarding permit compliance. In addition to the steps mentioned above, we have re- evaluated our overall management of our facility and implemented changes in training and oversite, as well as made field improvements as weather has allowed, to insure that no further discharges occur from our facility. Sincer y, /A eith Norris Q-Owner � LOME$, / WIN ------ ...... -I I 11-r 9 iut I I "o-f-A I 1 Rr FOmTF#,'&,m As �jw* ME MON in) /(c-,, ZC 31 North Carolina Division of Water Resources Visit 10: Tug -- —1 Central Laboratory (Water Sciences Section) Water Sample Collection St Submittal Form {opr,'-',: ), • IT 15 ) AC26146 Location Descriptionj /!� / c] Location Code:, i NO�QI Jr /�y,Q1yt _ L14M Received: County:, t �� Calfector Priority: WohL ° Location Type.r�s,� DWRRegion: 'A / E VWRoffrce. for ZO ❑Ambient y❑River/Stream ❑Lake � me R { y(- (dcted an @n+ayJ �(// // agency name) �� Surface ❑Esnrary ❑Canal Received By: ( s River Basin: /!� rA� Jute:. i 2 ❑ Routine ❑Stormwater e' C"SICompliance j / 1// ❑Ground ❑Monitoring Well ❑Water Supply State Courier Delivery I ❑Hand Delivery Notes; .'7 p iQ�Ytil/T Trim. I _ev.p, ❑COC' ❑Waste ❑Effluent ❑Influent method. ❑Other ❑ Chlorinated ❑De -chlorinated in Field sbmprrng Grab Composite ❑Emergency ❑Field Blank ❑ Blank Trip Blank . .-Med+od: ❑C)ther ❑Fllter0lank Tempenmrre('CJ'. ) Dissolved analysis: Enter"DIS" ❑ Filtered in Field - ( Sample DeFth: i DQA ❑solution Other. .:onArrrvcl: f , e s in check -boxes for parameters - _ - 1 Calledor's [omments � . r ' Microbiology Parameters: MBAS (surfactants) mglL Metals parameters: Tin (Sn) Vg/L Acidity, as C2CO3, to pH 4.518-3 mg/t Oil and Grease, HEM, Total Recoverable mg/L Aluminum (AI) Vg/L Titanium (Ti) µg/L Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenels, Total Recoverable Pg/L Antimony (Sb) Pg/L Vanadium (V) VOL SOD: Biochemical OMen Demand, 5-day mg/L Residue: Total (Total Solids) mg/L Arsenic (As) Pg/L Zinc (7n) µg/L cBOD: Carbanaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) Pg/L Coliform: Fecal MF /300ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) Ilg/L Boron (8). Total WL Cafiform: Total MT: /100ml Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level ng/L Coliform: Tube Fecal /100ml Tf1S -Total Dissofved Solids mg/L Calcium (Ca) mg/L Coliform: Tube Totai /loom) Silica mg/L Chromium (Cr), Total Pg/L Organics Parameters Specific Conductance, at 25 °C umhas/cm Sulfide rnglL Cobalt (Co) Pg/L Acid Herbicides TOC • Total Organic Carbon mg/L Tannin & Lignm mg/L Copper (Cu) Pg/L Organochlorine Pesticides Turbidity NTU Iron (Fe) Pg/L Organonitrogen Pesticides Other Parameters: Lead (Pb) Pg/L Organophosphorus Pesticides Wet Chemistry Parameters: pH S.U. Lithium (Li) pg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration•. mg/L Magnesium (Mg) mg/L Chloride mg/L Manganese (Mn) Pg/L Semi -Volatile Organics (B&'As) Fluoride mg/L Mercury (Hg) Vg/L TPH Diesel Range Sulfate mg/L_ Nutrients Parameters, Molybdenur:t(Mo) Pg/L Chlorophyll a Pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) Pg/L Volatile Organics (VOA) Color: ADMI C.U. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) mg/L Color: Platinum Cobalt C.U. Total Kjeldahl Nitrogen as N (TKN) mg/t Selenium (Se) )1g/L TPH Gasoline Range COD: Chemical (hygen Demand mg/L Total Phosphorus as P (fP) mg/L Silver (Ag) Vg/L Cyanide, Total mg/L Nitrite as N (NO2-N) mg/L Sodium (Na) mg/L Biological: Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) yg/L Phytoplankton / Algae Hexavalent Chromium (CrC+) mg/L Orthophosphate as P (PO4) mg/L Thallium M) yg/L LAB COMMENTS : I Field Pararrreters(aptiww1J =I Water Temp (°Cl: I PH (s.u.): I I Dissolved Oxygen (ppm): I Conductivity (Prahos/cm): I _ Salinity (ppt): Revision: AC26146 North Carolina Division of Water Resources Water Sciences Section LaboratoryResults Loc. Doscr.: SOURCE 1 County, LB ADEN Collector: TALLEN VislilD Region: RO Report To FRO Location ID: NORRISFARM River Basin CAPE FEAR Collect Date: 0 02! 312016 Priority COMPLIANCE Emergency Collect Time: 11:20 Sample Matrix: AWRFACEwATER COC Yes/No Sample Depth Loc. Typo: OTHER Final Report Sample ID: CA 2614s PO Number # 18w2631 Date Received: (1210412018 Time Received: 06:45 Labworks LcginlD TASCENZ01 Delivery Method NC COURIER Flnaf Report Date: 312116 Report Print Dale: 0310812016 If this report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS !# Analyte Name PQL Qualifier Units Reference Date LAB Sample temperature at receipt by lab 3.2 'C 214116 MswIFT MIC BOD, 5-Day in liquid 2.0 4500 mg1L SM 5210 B-2001 214116 ESTAFFORDI NUT NH3 as N in liquid 0.02 380 J6 mg1L as N EPA 350.1 REV 2 2/10/16 CGREEN NO2+NO3 as N in liquid 0.02 0.2 U,P J6 mg1L as N EPA353.2 REV 2 2110116 CGREEN Total Kjeldahl N as N in liquid 0.2 530 J6 mg1L as N EPA351.2 REV 2 2111/16 CGREEN Sample Comments NUT: All-J6-Estimated-sample not preserved or improperly preserved. NUT-NO3NO2 - U,P- Pql adjusted; sample diluted due to high amount of solids wSS Chemistry Laboratory» 1623 Mail service Center, Raleigh, NC 27690-1623 (919) 733-3908 "Not Detected" or "U" does not indicate the sample is analyte free but that the analyte Is not detected at or above the PQL For a detailed description of the qualifier codes rotor to https:llncdonr.93.amozonows.com/s3fs-publiclwator°/*200ualltylChamistry%2OLablOperations/Quallty%2OAssurttncolQualifierCodes0625201 S,pdf Page 1 of 1 CL., z,�X^J North Carolina Division of Water Resources Water Sample Collection & Submittal Form Central Laboratory (Water Sciences Section) Visit ID: 1 (optional) --- { AC26145 � - Date Receh ed: { 2 l c Location Description:) Vi�irE + Location Code: I e / : Courtly: <: `� �/ Coue[tor -EQ N /� .Priority waterMotriu , ..4 Lchcation'Type:. : -. ,v- - -❑River/Stream ❑Lake ❑Estuary ❑Canal ❑Stormwater ❑Monitoring well ❑Water Supply ❑Effluent ❑!n(Ivent ❑Freed Blank Trip Blank ❑Filter Blank Other: Il 7(me Recetwed: I i DWR Region. (laasedancounty). 'J/E 'DWROffice: € {oroyenryrrarneJ'l t ❑/�+/Zi%� Ambient ❑Routine Compliance ❑COC Emergency ❑QA Surface Q Ground ❑Waste C Blank ❑Solution Received Sy: River Basin. I A;9A Date. �� ��p j State Courier oe(rveryMethod: ❑Hand Delivery —]Other Notes 7i D �•� 9M ❑ Chlorinated ❑De -chlorinated in Field �"'°g Gad Composite -Method: Other: t Temperatt—IX), � + on Arriv?f : • € C I Dissolved analysis Enter'DIS" El Filtered in Field in check -boxes for parameters " SampleDepMi:' Collector's Comments: Microbiology Parameters: MBAS (surfactants) mg/L Metals Pararrieters, Tin (Sri) pg/L Acidity, as CaCO3, to pH 4.5/B.3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (A:) pg/L Titanium (Ti) WJL Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pg/L Vanadium (V) j g/L BOD: lirocherrrcai 0ryaen Demand, 5-bay mg/L Residue: Total (Total Solids) mg/L Arsenic (As) VOL Zinc (Zn) pR/L cBOD: Carbonaceous SOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) pg/L Coliform: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pg/L Baron (B), Total µg/L Colifcrm: Total MF /100m1 I Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low -Level ng/L Coliform: Tube Fecal /100ml TDS -Total Dissolved Solids mg/L Calcium (Ca) mglL Corrform: Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L Organics Parameters: Specific Conductance, at 25 `C umhes/m Sulfide mg/L Cobalt (Co) pg/L Acid Herticides TOC -Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organechlorine Pesticides Turbidity NTU Iran (Fe) pg/L Organanitrogen Pesticides • Cater Parameters: Lead (Pb) pg/L Organo phosphorus Pesticides Wet Chemistry Parameters: PH S.U. Lithium (Li) pg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) mg/L Chloride rng/L Manganese (Mn) pg/L Semi -Volatile Organics (BNAs) Fluoride mg/L Mercury (Hg) pg/L TPH Diesel Range Sulfate mg/L NuttientsParameters- Molybdenum(Mo) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) pg/L VolaLle Organics (VOA) Color: ADM C.U. NA Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) mg/L Color: Platinum Cobalt C.U. Total Kjeldahl Nitrogen as N (TKN) mg/L Selenium (Se) pg/L TPH Gasoline Range COD: Chemical Oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Total mg/L Nitrite as N [NO2-N) mg/L Sodium (Na) mg/L Biological: Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) pg/L Phytoplankton / Algae Hexavalent Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L Thallium (Tt) pg/L LAB COMMENTS: Reid Parameters(aptiona)): WaterTemP {C): PH (S-u.) Dissolved Oxygen (ppm): Conductivity (pmhos/cm): Salinity (pp* ' - — ) Revision: 2/06/2015 AC26145 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc, Deecr.: S u County; BLAOEN Collector: DUNLAP VisibD Region: FRO Report To FRO Location 10: NORRISfARM River Basin Collect Data: 0210312016 Priority COMPLIANCE Emergency Collect Time: 13:00 Sample Matrix: 3URFACEWATER COC YeSINo Sample Depth Loc. Type: OTHER Final Report Sample ID: AC26145 PO Number 4 16W2630 Date Received: 0210412016 Time Received: 08;45 Labworks LoginlD TASCENZ01 Delivery Method NC COURIER Final Report Date: 2=1 Report Print Data: 03/0912016 If thts report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS # Analyte Name PQL Qualifier Units Reference Date LAB Sample temperature at receipt by lab MIC 3.2 °C 2A116 MSWIFT BOD, 5-Day in liquid 2.0 4200 mg1L $M 5210 B-2001 214116 ESTAFFORDI NUT NH3 as N in liquid 0.02 530.16 mg1L as N EPA 350.1 REV 2 2110/16 CGREEN NO2+NO3 as N in liquid 0.02 0.2U,P J6 mg1L as N EPA353.2 REV 2 2110118 CGREEN Total Kjeldahl N as N In liquid 0.2 660J6 mglLas N EPA 351.2 REV 2 2111/16 CGREEN Sample Comments NUT: All-J6-Estimated-sample not preserved or Improperly preserved. NUT-NO3NO2 - U,P- Pql adjusted; sample diluted due to high amount of solids WSS Chemistry Laboratory» 1623 Mall Service Cantor, Raleigh, NC 27699.1623 t919) 733.3908 "Not Detected" or "U" does not Indicate the sample Is analyte free but that the analyte is not detected at or above the PO For a detailed description of the qualifier codes refer to https:tlncdonr.s3.amazonaws,comle3fs-pu bilcMater4/a2OQual ity/Chemistry°/*2OLab/OporatlonolQuality%20Aesurance/QualiflarCodoao6252Ol 6.pdf Page 1 of 1 16w "Z.,C 21 � North Carolina Division of Water Resources Visit ID: Tag Water Sample Collection 8t Submittal Form ! Central Laboratory (water Sciences Section) . (optiorial) _. j AC26142 Locagon Description: � Location Code:? i �-- Arm Sampw r..... _. -- Dart Received: I County: 1 N. ;Collector: , ! j 1 j Priority: Water 14lafri_x_ Lacotiarr Type: rmeRecehred: 0 Region. [ fbasedanmunty) j f— T4[tfr DWROffice: f laragengnaW) ' S j ❑Amb'reni ❑ Routine �' `L�Compliance ❑COC ❑Emergency ❑cA �� LlSurface ❑Ground ❑ Waste ❑ Blank ❑Solution ❑River/Stream ❑Estuary QStarmwater ❑Monitoring Well ❑Effluent [I]FIeld Blank ❑Filter Blank �,/r: (JOthe ❑lake ❑Cana€ ❑Water Supply ❑influent rip Blank Received By. ) River Basin: r e a i I Date: L bbt, State Courier Delhmry Method: ((( [:]Hand Delivery f ❑Other: Notes: Tom: e} s s ❑ Chlorinated ❑De -chlorinated in Field Sampling I rab Composite Mew_ _ = € ❑Other: t remperaw'-rC) �^ Arrfval i 34 t Dissolved analysis: Enter "DIS" ❑ Filtered in Field in check -boxes far parameters Sample _ Collector's Cammenis. i Microbiology Parameters: MBAs [surfactants) mg/L Metals Parameters: Tin (Sn) ttg/L Acidity, as CaCO3, to pH 4.5/8.3 . mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (Al) pg/L Titanium (Ti) pg/L jOIkalinitV. as CaCO3, to pH 4.S/8.3 mg/L Phenols, Total Recoverable µg/L Antimony (Sb) pg/L Vanadium M WL BOD: Biechemwal oxygen Demand, 5-day mg/L Residue: Total (Total Solids) mg/L ArseniL (As) pg/L Zinc (Zn) µg/L cROD: Carbonaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Bal pg/L Caliform: Fecal MF /100ml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pg/L Boron (B), Total t1g/L Caliform: Total MF /100ml Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level ng/L Coliform: Tube Fecal 1100ml T35 -Total Dissolved Solids mg/L Calcium (Ca) mg/L Caliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L - Organics parameters: Specific Conductance, at 25 °C umhas/Lm Sulfide mg/L Cobalt rco) pg/L Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & Lignin mg/L Capper (Cu) µg/L Organochlarine Pesticides Turbidity NTU iron (Fe) pg/L Organanitrogen Pesticides Other Parameters: Lead (Pb) pg/L Organophosphorus Pesticides Wet Chemistry Parameters: pH S.U. Lithium (Li) pg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Tota€ as CaCO3 - by titration mg/L Magnesium (Mg) m91L Chloride mg/L Manganese (Mn) pg/L Semi -Volatile Organics (BNAs) Fluoride mg/L Mercury (Hgl µg/L TPH Diesel Range Sulfate mg/L Nutrierns Parameters: Molybdenum (Mo) pg/L Chlorophyll a pg/L 01 Arnmonia as N (NH3-N) mg/L Nickel (Ni) pg/L Volatile Organics (VOA) Color: ADMI C.U. Nitro:e-Nitrite as N (NO3+1402-N) mg/L Potassium (K) mg/L Color Platinum Cobalt c-u- Total Kjeldahl Nitrogen as N (TKN) mg/L Selenium (5e) pg/L TPH Gasoline Range COD: Chemical Oxygen Demand mgJL Total Phosphorus as P (TP) mg/L Silver (Ag) µg/L Cyanide, Total mg/L Nitrite as N (NO2-N) mg/L Sodium (Na) mglL 7 Biological: Formaldehyde mg/L Nitrate as N (NO3-N ca€culated) mg/L Stmntiu m (Sr) pg/L Phytoplankton / Algae' Hexavalent Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L Thailium (TI) pg/L LAB COMMENTS: t Field Parametersfopuawo; Water Temp rc): PH (s-u.): Dissolved Oxygen (ppm): Conductivity (pmhos/cm): Salinity (ppt): Revision: 2/06/2015 AC26142 North. Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc. Deser.: County: Region: River Basin Emergency CDC Yes/No CONFLUENCE I3L DA EN Collector: B DUNLAP V€ai11D �t0 Report To FQO Location ID: NORRISFARM CAPE FEAR Collect Date: 0&0312018 Priority QQMPLIANCF Collect Time: 12:50 Sample Matrix: SURFACEWATER Sample Depth Loc. Type' OTHER Final Report Sample ID: AC26142 PO Number fi 1 OW2627 Date Received: 02 0 1 Time Received:45 Labworks LoginlD TASCENZ01 Delivery Method NC COURIER Final Report Date: 31 8 Report Print Dale: 231081201 6 If this report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS # Analyte Name PQL Qualifier Units Reference Date LAB Sample temperature at receipt by lab 3.2 °C 214116 MSWIFT MIC BOD, 5-Day in liquid 2.0 120 mg/L SM 5210 B-2001 214116 ESTAFFORDI NUT NH3 as N in liquid 0.02 41 mglL as N EPA350.1 REV 2 2110116 CGREEN NO2+NO3 as N in liquid 0.02 0.68 mg/L as N EPA 353.2 REV 2 2MGM6 CGREEN Total Kjeldahl N as N in liquid 0.2 48 mg/Las N EPA 351.2 REV 2 2/11116 CGREEN WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27609.1623 (919) 733-3908 "Not Detected" or "U" does not Indicate the sample Is analyte free but that the analyte Is not detected at or above the PQL For a detailed description of the qualifier codes refer to httpa:Nncdenr, s3.amazanaws.comis3f a-publiclWater%200usi ItylChomistry%2OLab/Operatlona/Quality%20Assurarice/Quallfi*rCodosO52520 i S,pdf Page 1 of 1 North Carolina Division of Water Resources visitlri: ; Tag' Central Laboratory (water sciences Section] Water Sample Collection &Submittal Farm (optional) fn 3 i AC26'I 44 Location Description:I-E t , .1�5�+� r✓l� + I `} l W Location Code: f n % s y— Z (/ 1r r ` l�Q Dote Received: / County: Calleetor; j r _, 4h Rile jai�— ' Priority:' _ Water Matrix. Silrface ❑Ground ❑ Waste ❑$€ank ❑Solution : Location Type: " TlmeRecehred. DWRRegion. fbasMon[nunry]' e \%t DWROfxe: (aragrncyrrameJ f OS ❑Ambient ❑Routine r�� Ten<rnpliance ❑ COC ❑Emergency ❑0,4 ❑River/Stream ❑lake ❑Estuary ❑Canal ❑Stormwater�ived ❑Monitoring well ❑Water Supply ❑EfBuent ❑Influent ❑Field Stank npBtank []Filter Blank Lu ther: i3y I River Basin: , e- ec { : Date: ) `� i Z / State Courier OefwtryMethod: i ❑Hand Delivery ❑Other: Notes: TI'Me; ^Z J ❑ Chlorinated ❑De�h€urinated in Field Sampling_ ; rab LjCornposite - Metlrod=... ; ❑Other: - T[mperatureCC) , an Arrival: � El Filtered in Field Dissolved analysis: Enter-DIS" parameters in check -braces for SamFfe � _ Callector's CammeritL Microbiotogy Parameters: MBAS (surfactants) mg/L Metals Parameters: - Tin (Sn) ug/t Acidity, as CaCO3, to pH 4.518.3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (Al) pg/L Titanium (Ti) µg/L ,Alkalinity, as CaCO3, to pH 4.5/9.3 mg/L Phenols, Total Recoverable Wt. Antimony (Sb) pg/L Vanadium (V) tq/L SOD: Biochemical Oxygen Demand, S-day mg/L Residue_ Total (Foral Solids) mg/L Arsenic (As) pg/L Zinc ¢n) pg/L cBOD. Carbonaceous BOD, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Ba) pg/L Cofiform: Fecal MF /100m1 Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pg/L Boron (B), Total tsg/L Coliform_ Total MF /loom€ Residue: Volatile/Fixed, Suspended mg/L I Cadmium ICd) pg/L Mercury 1631. low-level ng/L Coliform: Tube Fecal /100m1 TDS - Total Dissolved Solids mg/L Calcium (Ca) Mq& Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L Organics Parameters: Specific Conductance, at 25 °C urrhas/cm Su4fide mg/L Cobalt (Co) pg/L Arid Herbicides TOC - Total Organic Carbon rng/L Tannin & Ugnin mg/L Copper (Cu) pg/L Organochlorine Pesticides Turbidity NTU Iron (Fel pg/L Organonitrogen Pesticides Other Parameters: Lead (Pb) pg/L Organophosphorus Pesticides Wet Chemistry Parameters: pH S.U. Lithium (Li) ug/L PCBs (potychiminated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration rng/L Magnesium [,Mg) mg(L Chloride mg/L Manganese (M,n) pg/L Semi Volatile Organics (SNAs) Fluoride mg/L Mercury (Hg) pg/L TPH Diesel Range Sulfate mg/L Nutrients Parameters: Molybdenum (Mo) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) pg/L Volatile Organics (VOA) Color: ADMI C.U. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) rng/L Color: Platinum Cobalt c-u. 97 Total Kjeldah€ Nitrogen as N (TKN) mg/L Selenium (Se) pg/L TPH Gasoline Range COD: Chemical Oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Total mg/L Nitrite as N (NO2-N) mg/L Sodium (Na) mg/L BEalogiral: Formaldehyde mg/L ' Nitrate as N (NO3-N calculated) mg/L Strontium (5r) pg/L Phytoplanktan / Algae Hexavalent Chromium (Cr6+). mg/L fi Orthophosphate as P (PO4) mg/L Thallium (l1) pg/L LAB COMMENTS: I Field Parxmeters(opriomd).1 Water Temp ('C)• -- pH (s.u.): j ! Dissolved Oxygen {ppm): ( I Conductivity (}tmhas/tm): ; I Salinity (ppi): i A026144 North Carolina Division of Water Resources Water Sciences Section Laborator Results Loc, Descr•: DOWNSTREAM 1 County: SLADEN Colloctor, TALLEN VlsltID Region: FRO Report To FRO Location ID: NORRISFARM River Basin CARR FEAR Collect Date- 02 0! 312016 Priority ' COMPLIANCE Emergency Collect Time: 09:30 Semple Matrix: SURFACEWATER COO YesIND Sample Depth Loc. Type: OTHER Final Report Sample ID: AC26144 PO Number # ,18 N2620 Data Received: 0210412010 Time Received: 08j45 Lobworks LogintD TASCENZOI Delivery Method NC COURIER Final Report Dale: 3fm Report Print Date: 0310812015 If this report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS # Analyte Name PQi- Qualifier Units Reference Date LAB Sample temperature at receipt by lab 3.2 'c 214116 MSWIFT MIC BOD, 5-Day in liquid 2.0 73 mg1L SM 5210 B-2001 214116 ESTAFFORDI NUT NH3 as N In liquid 0.02 13 mglL as N EPA 350.1 REV 2 2110116 CGREEN NO2+NO3 as N in liquid 0.02 2.9 mglL as N EPA 353.2 REV 2 2/10/16 CGREEN Total Kjeldahl N as N in liquid 0.2 18 mg/L as N EPA 351.2 REV 2 2M1116 CGREEN WSS Chemistry Laboratory>a 1623 Mail Service Center, Raleigh, NC 27699.1623 (019) 733-3908 "Not Detected" or "U" does not Indicate the sample is analyte free but that the analyte Is not detected at or above the PQL For a detailed description of the quellfler codas refer to https:llnedenr.s3.amaxonaws,comis ifs•publicfWatar"/o200unlity/Chemistry°%2OLablOpervtlons/Ouslity'/e2DAssu rance/QuallflerCodea0S252015.pdf Page 1 of 1 16W 267-,,y [North Carolina ]Division of Water Resources Central Laboratory (Water Sciences Section) Water Sample Collection & Submittal Form Visit ID:. . (optional) j Tug /i 1D C� ( —_- ` �' — "—' ----� AC26143 — eRe�: ' I Location Description: .� .�r.,r�restil 2 Location Code: 1o�2Q rS /� Caumy: } f Cvltector'. t . Priority: Water 1LRatrix ' Location Type:' J� j Trrie Received f DINR Region:: ; lbesedencourrty}- �� [3WR Offioe: lorageniyrr —) IJAYcP12O ❑ Ambient []Routine Compliance ❑ COC []Emergency ❑CA Surface ❑Ground ❑Waste ❑ Blank ❑Solution —� A -❑River/Stream ❑lake ❑Estuary []Canal ❑Stormwater ❑Monitoring Well ❑Water Supply ❑Effluent ❑influent []Field Blank Blank � []Filter Blank TripTemperature Other: R By.,4 ; - RhwBasin, Date: � 2ZXi State Courier De6treryMethod: � ❑Hand Delivery ; ❑Other: Notes: Tirrfe; � 0 Q. �C. ❑ Chlorinated ❑fie -chlorinated in Field S—AL'V . i Grab Composite Method: � 1 ❑ Oiher. } (_ C)' on Arrival: - Dissolved analysis: Ente. 'DIS" ❑ Filtered in Field in check -bows for parameters Sampk,Oeprh: ...I Collecttor's Comments: t Microbiology Parameters: MBAS (surfactants) mg/L Metals Parameters: Tin (5n) R/L Acidity, as CaCO3, to pH 4,5/8.3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (Al) Pg/L Titanium (ti) VOL Alkalinity, as C.0O3, to pH 4.518.3 mg/L Phenals, Total Recoverable Pg/L Antimony (Sb) llg/L Vanadium (V) pg/L 800: Bicchem-sal Oxygen Cemano, 5•aay mg/L Residue: Total (Total Solids) mg/L Arsenic (As) Pg/L Zinc (Zn) µg/L cB00: Carbonaceous BOO, 5-day mg/L Residue: Volatile/Fixed, Total mg/L Barium (Sa) Pg/L Cotiform: Fecal MF /iooml Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) PS/L Boron (8), Total WL Coliform: Total MF /iooml Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) Pg/L Mercury 1631, low-level ng/L Coliform: Tube Fecal /100ml TDS - Total Dissolved Solids mg/L Cakium (Ca) rnglL Caliform: Tube Total /}ooml Silica mg/L Chromium (Cr), Total Pg/L Organics Parameters: Specific Conductance, at 25 °C _mhos/tm Sulfide mg/L Cobalt (Co) Pg/L Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) Pg/L Organochlorine Pesticides Turbidity NTU Iron (Fe) Pg/L Organanitrogen Pesticides Colter Parameters: Lead (Pb) Pg/L Organophosphorus Pesticides Wet Chemistry Parameters: pH S.U. Lithium (Li) Pg/L PCBs (potychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCC3 - by titratior, mg/L Magnesium (Mg) mgiL Chloride mg/L Manganese (Mn) PgIL 5emi-Vulatile Organics (SNAs) Fluoride mg/L Mercury (Hg) Pg/L TPH Diesel Range Sulfate mg/L NuirierftParameters: Molybdenum (Mo) tig/L Chlorophyll a Pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) Pg/L Volatile Organics {VOA) Color: AD MI Cu. Nitrate -Nitrite as N (NO3+NO2-N) rng/L Potassium (K) mg/L Color: Platinum Cobalt c.u. Total Kjeldaht Nitrogen as N (TKN) mg/L Selenium (Se) Pg/L TPH Gasoline Range COD: Chemial Oxygen Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) Pg/L Cyanide, Total mg/L Nitrite as N (NO2-N) mg/L sodium (Na) mg/L Biological: Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium t5r) Pg/L Phytoplankton I Algae Hexavalent Chromium (CrS+) mg/L Orthophosphate as P (PO4) mg/L Thallium (TI) lig/L LAB COMMENTS: IField Parameterslopticrxrll:I Water Temp f°C): I PH (s.u.): Oissolved oxygen (ppm]: Conductivity (Pmhos/cm): I Salinity (ppt): I AC26143 North Carolina Division of Water Resources Watcr Sciences Section Laboratory Results_ Loc. Descr.: DOWNSTREAM 2 County: l�pE{ Region; FRO River Basin CAPE FEAR Emergency COC YAW% Collector: S GUY_TON VlsitlD Report To FRO Location ID: NORRIMARM Collect Date; 0210312DIO Priority COMPLIANCE Collect Time: 10:94 Sample Matrix: SURFACEWATER Sample Depth Loc, Type: OTHER Final Report Sample ID: AC26143 PO Numbor# 16w2sall Dale Received: 021041201 s Time Received: 1.:45 Labworks LoginlD TASCENZ01 Delivery Method CC�O 7 IER Final Report Data: ' It 6 Report Print Date: 03/0812016 If this report Is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes, Result/ Method Analysis Validated by CAS # Analyte Name POL Qualifier Units Reference Date LAB Sample temperature at receipt by lab 3.2 °C 2/4116 MSWIFT MIC BOO, 5-Day In liquid 2.0 32 mg1L SM 5210 B-2001 214116 ESTAFFORDI NUT NH3 as N in liquid 0.02 0.11 mg/Las N EPA350.1 REV 2 WOMB CGREEN NO2+NO3 as N in liquid 0.02 2A mgll as N EPA 353.2 REV 2 2I10116 CGREEN Total Kieldahl N as N in liquid 0.2 0.83 mglL as N EPA 351.2 REV 2 2111116 CGREEN WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27099-1623 (919) 733.3908 "Not Detected" or "U" does not Indicate the sample Is analyte free but that the analyte is not detected at or above the POL For a detalied doscrlption of the quallfler codes refer to https;Nncdenr.e3.omaxonews,comis3fs•publlclWater%29QualltylChemistry h20LablOperationslQuality%20Assurance/QualifierCodeso62S2015.pdf Page 1 of 1 ��wzC�ss North Carolina Division of Water Resources is ... VitIb:._�" Ta Central Laboratory Water Sciences Section Water Sample Collection & Submittal Form Cent ry ( } [opuoria'1)"`:i lD i :i A r--,2R172 ocafian Desuiption:j (J S-fC4 W-0 Location Cade. F .No rr �s F�k r wo "�' to �::. '`i2-5 •r- _ =�a ` -� I '. -.•'.mot si: _'.a ,-.� Calift ctor:y t.L - -'ii� Priaiity: ` Ament LIbi— ❑Routine ,Compliance ❑ COC ❑ Emergency ❑Q4 -�'',VPri� Water Mtrtrix —{: �urface ❑Ground ❑Waste ❑ Blank ❑Solution .�.a �%.r.r.jV .-.- --`4+ - Time Received: -DWRRegian: fhoxdagwirntyl. .! � +�}� OWROffrce: faragcgcl r+cmel: U) bC ❑River/Stream ❑Lake ❑Estuary ❑canal ❑5tormwater ❑Monitoring Well ❑Water Supply ❑Effluent ❑rnfluent ❑ Feld Blank rip Blank ❑Fitter Blank �/ er. IOih ReiefvedAr:, /'�/a/ t u River 14ashi: ' ! C i `LIM'— ' _� + 1 G �} : = State Courier - •: pi=•: S Delivery.Method:'i ❑Hand Delivery _ . . ?:i;� - F ❑other: ,gates: ::gib me:;; � :.� ' 3 S �3'Y'� ,..;- •,'. 1 Chlorinated De -chlorinated in Field ❑❑ SamphttQ Grab (Composite � M Method El _ Temper i!kir (Q - 'onAiriraf: + Dissolved analysis- Enter"DIS" ❑ FAtered in Field in check -boxes for parameters r Sample Depth:;. colfector"s comments: -bialogy Parameteri:. -A MBAs (surfacta) MetPm- . Tin (Sri) gL,:M Acdity,asCaCO3,topH4.5/B.3 mg/L Oil and Grease, HEM, Total Recoverable mg/L Aluminum (AI) Ug/L Titanium (Ti) jWL Alkalinity, as CaCO3, to pH 4-51a.3 mg/L Phenols, Total Recoverable pg/L Antimony (Sb) pg/L Vanadium (V) µg/L BOD: Otochemkal Oxygen Demand, 5-day mg/L Residue: Total (Total Solids) mg/L Arsenic (As) pg/L Zinc (Zn) pg/L c6OD: Carbonaceous BOO, 5-day MCA Residue: Volatile/Fixed, Total mg/L Barium (Ba) pg/L Coliform: Fecal MF /100mk Residue: Suspended (Suspended Solids) mg/L Beryllium (Be) pg/L Baron (6), Total l g/L Coliform: Total Mir /10DMI Residue: Volatile/Fixed, Suspended mg/L Cadmium (Cd) pg/L Mercury 1631, low-level ng/L Coliform: Tube Fecal /100ml TDS - Total Dissolved Solids mg/L Calcium (Cal mg/L Coliform: Tube Total /100ml Silica mg/L Chromium (Cr), Total pg/L Organcs Parameters: Specific Conductance, at 25 °C umhos/cm Sulfide mg/L Cobalt (Cc) pg/L Acid Herbicides TOC - Total Organic Carbon mg/L Tannin & Lignin mg/L Copper (Cu) pg/L Organochlorine Pesticides Turbidity NTU Iran (Fe) pg/L Organonitrogen Pesticides -Other Parameters: _ c. Lead (Pb) pg/L Organaphosphorus Pesticides ,WetCFiemistry:Parameters:,- _, pH s-u. Lithium (Li) pg/L PCBs (polychlorinated biphenyls) Bromide mg/L Hardness, Total as CaCO3 - by titration mg/L Magnesium (Mg) mg/L Chloride mg/L Manganese (Mn) pg/L Semi -Volatile Organics (BNAs) Fluoride mg/L Mercury (Hg) pg/L TPH Diesel Range Sulfate mg/i t►tsParairieters: =" - molybdenum (MD) pg/L Chlorophyll a pg/L Ammonia as N (NH3-N) mg/L Nickel (Ni) pg/L Volatile Organics (VOA) Color: ADMI cu. Nitrate -Nitrite as N (NO3+NO2-N) mg/L Potassium (K) mg/L Color: Platinum Cobalt C.U. Total Kieldahl Nitrogen as N (TKN) mg/L Selenium 15e) pg/L TPH Gasoline Range COD: Chemical O=ygeo Demand mg/L Total Phosphorus as P (TP) mg/L Silver (Ag) pg/L Cyanide, Total mg/L Nitrite as N (NOZ-N) mg/L Sodium (Na) mg/L '= kliokogital:•_" - -- _ Formaldehyde mg/L Nitrate as N (NO3-N calculated) mg/L Strontium (Sr) pg/L Phytoplankton / Algae Hexavalent Chromium (Cr6+) mg/L Orthophosphate as P (PO4) mg/L Thallium (TI) pg/L LAB COMMENTS; - .3. .-. FFeld Paramelers(aptonct): Water Tem C PH.(s=u•1= Oissatved Q?tYgi?n IPPm1: ' __ ^ Cnnduct(vity (pmhos/cm)-+_.:Salinity (ppt). P-('-)' Revision: 2/06/2015 AC26172 North Carolina Division of Water Resources Water Sciences Section Laboratgry Re.salts Loc. Doter.: UPSTREAM County: OLADEM Region: FRO River Basin CAPE FEAR Emergency CDC YeslNo Calloctor. S GUYIORO Vis111D Report To E$O Location ID: NORRISFARM Collect Date: QgLW2016 Priority COMPLIANCE: Collect Time: 13:3a Sample Matrix: SURFACEWATE Sample Depth 19 Loc. Type: OTHER Final Report Sample ID: q 26172 PO Number 1GW2656 Date Received: 021051201 Time Received: a Lobwarks LoginlD TASCENZ01 Delivery Method CNC URO IgR Final Report Date: fa iris Report Print Date: 03108/2016 if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis Validated by CAS # Analyte Name POL Qualifier Units Reference Data LAB Sample temperature at receipt by lab 0,9 'C 215116 MSWIFT MIC BOD, 5-Day in liquid 2.0 9.4 mg1L SM 5210 B-2001 215116 ESTAFFORDI NUT NH3 as N in liquid 0.02 0.02 U mg1L as N EPA 350.1 REV 2 2YI0116 CGREEN NO2+NO3 as N in liquid 0.02 0.88 mglL as N EPA 353.2 REV 2 2110M15 CGREEN Phosphorus_total as P in liquid 0.02 0.13 mglL as P EPA 365.1 REV 2 2111116 CGREEN Total Kjeldahl N as N in liquid 0.2 0.88 mglL as N EPA 351.2 REV 2 2/11116 CGREEN WSS Chemistry Laboratory>> 1623 Mail Service Center, Raloigh, NC 27699-1623 (919) 733-3908 "Not Detected" or "U" does not Indicate the sample is analyte free but that the analyte is not detected at or above the POL Fora detailed description of the qualifier codes refer to https:ltncdonr.o 3.arnazonows.comls3to-pubileMatar%200ualitylC homistry%2OLablOperationolQuality%2OAasurance/QualiflerC odos06252015, pdf ' I Page 1 of 1 Analytical Costs for NC DWR Chemistry Lab Date 711/15 The OFFICIAL COPY is the on-line version. All other copies are considered unofficial and uncontrolled :11 n o f bo i' i s -reu a-d aiw cie o o a l - branchlsupplies-technical-assislr ce#Cost-ner-Analysis MEDIUM PARAMETER Water, Solid* Tissue Metals Aluminum(Al)$13.01 $39.03 $52.04 Antimony Sb $13.01 $39.03 NA Arsenic As $14.55 $43.66 $58.22 Barium (Ba) $13.01 $39.03 $52.04 Beryllium Be $13.01 $39.03 NA Boron B $13.01 $39.03 NA Cadmium Cd $13.01 $39.03 $52.04 Calcium Ca $13.01 $39.03 NA Chromium Cr $13.01 $39.03 $52.04 Cobalt Co $13.01 $39.03 $52.04 Copper Cu $13.01 $39.03 $52.04 Hardness by Calculation $0.00 NA NA Hardness by titration $16.30 NA NA Iron Fe $13.01 $39.03 $52.04 Lead Pb $13.01 $39.03 $52.04 Lithium Li $13.01 $39.03 NA Magnesium M $13.01 $39.03 $52.04 Manganese Mn $13.01 $39.03 $52.04 Mercury H $24.02 $72.06 $96.08 Mercury by EPA Method 1631 H $63.04 NA NA Molybdenum Mo $13.01 $39.03 NA Nickel Ni $13.01 $39.03 $52.04 Potassium K $13.01 $39.03 NA Selenium Se $14.55 $43.66 $58.22 Silver A $13.01 $39.03 $52.04 Sodium Na $13.01 $39.03 NA Strontium Sr $13.01 $39.03 NA Thallium (TI) $13.01 $39.03 $52.04 Tin Sn $13.01 $39.03 NA Titanium(TO $13.01 $39.03 NA Vanadium V $13.01 $39.03 NA Zinc Zn $13.01 $39.03 $52.04 Microbiolo ALKALINITY $11.64 BOO 5 DAY $25.65 FECAL MF $22.69 TOTAL MF $21.14 SPECIFIC CONDUCTANCE $10.55 TOC/DOC $27.04 $108.15 TURBIDITY $9.99 Nutrients AMMONIA $15.12 NITRATE calculated $16.05 NITRATE + NITRITE $18.69 NITRITE $14.64 MEDIUM PARAMETER Water Solid* Tissue ORTHOPHOSPHATE - $15.65 TOTAL KJELDAHL NITROGEN $20.48 TOTAL PHOSPHORUS $20.39 Wet Chemistry CHLOROPYLL a $34.73 COD $19.84 COLOR ADMI $46.26 COLOR Platinum Cobalt $13.52 CYANIDE $32.61 DISSOLVED SOLIDS $13.43 FORMALDEHYDE $38.11 HEXAVALENT CHROMIUM $27.66 Ion Chromoto rah Bromide, Chloride, Fluoride, and Sulfate $41.87 MBAS $29.23 OIL & GREASE $37.80 $113.40 H $6.58 PHENOL $25.54 SILICA $14.58 SULFIDE $16.10 SUSPENDED RESIDUE $12.85 Suspended residue -fixed $9.16 Suspended residue -vol $9.16 Tannin and Li nin $10.34 TOTAL RESIDUE $11.90 ORGANIC PARAMETERS Water : :' Solid* ' Tissue Volatile Or anics GC/MS Volatile Organics $115.33 $346.00 Gasoline Range Organics (TPH) $57.94 $173.81 Semivolatile Or anics GC/MS SemiVolatile O anics/$23.18 For extraction $251.24 GC/MS SemiVolatile Or anics/$69.53 For extraction $753.72 Diesel Range Organics TPHDRO /$23.18 for extraction $84.33 Diesel Range Organics TPHDRO /$69.53 for extraction $252.98 Pesticides Or anochlorine Pesticides/$23.13 for extraction $130.56 Or anochlorine Pesticides/$69.53 for extraction $391.82 Or anonitro en Pesticides $138.33 Or anonitro en Pesticides $414.99 Or ano hos horus Pesticides $140.74 Or ano hos horus Pesticides $422.22 Acid Herbicides/$23.18 for extraction $164.56 Acid Herbicides/$69.53 for extraction $493.66 PCB's /$23.18 for extraction $124.15 PCB's /$69.53 for extraction $372.44 * Solid includes sediments, soils and sludge(residuals) Fayetteville Division 2592 Dope Mills Road — Fayetteville, NC 28306 (910) 864-1920 1864-8774 fax CHAIN tat= CUsroiov Rccotao PAGE I OF I 'LIENTNAAIEBADDRESS: 41 c! 7�/l rC • IT(/t Y PO: PROJECT 0 LOCATION: C"r r �. tCCrd� 0 U- O TYPE OF ANALYSIS PRESERVATION (CODE) CODE: A = None B = HNO3 (pH<2) + <fi°C C = H2SO4 (pH<2) + <6°C D = NaOH - <6"C E = ZN Acetate + <6°C F = HC1 .G-= Sodium Thio CONTACT PERSON: u ✓Y !!1 Gt i ! r`J't �. -L PHONE: /� /D __ l Jam-- �.� �M LIED -BY, t METHOD OF FSHIPMENT;— - / '� LAB ID # SAMPLE TYPE DATE TIME COMP GRAB PH FLOW TEMP •C RES. CHLORINE SULF10E J Lab Initials-* nquished by: Dale Time Received y)(t ifgnatureI f Date Time -- 7 nqulsh by: Date Time Received by: {Signature] Date Time 3 4 vquished by: Tat¢ Tlme Received by: (Signature) Dale Time 5 { Turnaround time: REGULAR RUSH Comments or Soecial Hazards' ph Field: ph Field: Water Level #1 IS DATA FOR REG. COMPLIANCE PURPOSE? Temp Field 1: Temp Field 2: Water Level #2 ND YES WHICH: c.+JG I iupty wimp r1U[7u " rdyUkVVVIIIG+ IVV eUVVV �0 «r1 vv�- I d V + — - -. • • . -^ CHAIN OF CUSTODY RECORD PAGE 1 OF I .ucn 1 NAM[ & 4UI1Kt5S: PO # PROJECTIL L - N. 4,lt=.lo�;' I0�I n 1' rr f? iG� r 5 •l X� C (fe it �� CONTACT PERSON: O� �fe r4 � 0111", A/C `'nks G,i�7 E! a l l PHONE: SMPLEO 8Y: 0 �,3 � � � � � -rent Ai1�r� li ! D 1 METHOD OF SHIPMENT: t As ID i SAMPLE TYPE DATE TIME COMP _ (trb GRAS TYPE OF ANALYSIS U) L i— F0 LL O - PRESERVATION (CODE] CODE: A =None 6 = HNO3 (pH<2) + <6°C C = H2SO4 (pH<2) + <6°C D = NaOH + <6aC E = ZN Acetate + <6°C F = HCi = 5adi m I PH FLOW reMd •C RES. CHLORINE SULFIDE . r,; �f ay.3� ✓ t at 6 J �1: �►� ., Lab Initials--i. _ Turnaround lime Quished by: Date Time Received% • Signature) O e Tlme qulsbed by; Date Time Received by; (Signature) Date Time 3 d Tuished by: Date Time Received by: (Signature) Date Time 5 6 REGULAR RUSH Comments or Soecial Hazards: N++ r+t:iu: ph Field: Water Level #1 IS DATA FOR REG. COMPLIANCE PURPOSE? Temp Field 4: Temp Field 2: Water Level #2 NO YES WHICH: �MICROBAC'!` M Fayetteville Division Certificate of Analysis NC DENR - DWQ (Surface Water) Date Reported: 02/05/16 Ms. Belinda Henson Project: WW & Stream Samples - Norris Farms Date Received: 02/04/16 225 Green Street, #714 Date Sampled: 02/04/16 Fayetteville NC, 28301 Sampled By: NC DENR Upstream, grab K6B0205-01 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac laboratories, Inc. - Fayetteville Coliform, Fecal 800 per 100 mL 02/04/16 16:43 CCR SM 9222 D-1997 State Certifications: Respectfully Submitted NCDNR #11 NCDOH #37714« Jeanne Overstreet, Project Manager Thank you for your business. We invite your feedback on our level ofservice to pm. Please contact the Division Manager, Rob Dermer at 910-864-1920 with any questions. You may also contact J. Trevor Boyce, President at president rr erobae.com Microbac Laboratories, Inc. 2592 Hope M111s Road I Fayetteville, NC 28306 1 910.864.1920 p 1910.864.8774 f I www.microbac.com <-,.,MICROBACe Fayetteville Division Certificate of Analysis NC DENR - DWQ (Surface Water) Date Reported: 02/05/16 Ms. Belinda Henson Project: WW & Stream Samples - Norris Farms Date Received: 02/03/16 225 Green Street, #714 Date Sampled: 02/03/16 Fayetteville NC, 28301 Sampled By: NC DENR Source #1, grab K6B0141-01 Analyte Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac laboratories, Inc. - Fayettev;Ve Coliform, Fecal 300000 per 100 mL 02/03/16 17:11 CCR SM 9222 D-1997 Source #2, grab K6B0141-02 Analyze Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Coliform, Fecal 1000000 per 100 mL 02/03/16 17:11 CCR SM 9222 D-1997 Confluence, grab K6B014 l -03 Analyle Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Coliform, Fecal 100000 per 100 mL 02/03/16 17:30 CCR SM 9222 D-1997 Downstream #1, grab K6B0141-04 Anal c Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Microbac Laboratories, Inc. - Fayetteville Coliform, Fecal 28000 per 100 mL 02/03/16 17:30 CCR SM 9222 D-1997 Downstream #2, grab K6B0141-05 Anal to Result Units Analyzed Analyzed By Method Qualifier Analyzed by: Mivobac Laboratories, Inc. - Fayetteville Coliform, Fecal 52 per 100 mL 02/03/16 17:55 CCR SM 9222 D-1997 Microbac Laboratories, Inc. 2592 Hope Mills Road I Fayetteville, NC 28306 19110.864.1920 p 1910.864.8774 f I www.microbac.com Sill To: NC DENR - DWO {Surface Water) Ms. Belinda Henson 225 Green Street, #714 Fayetteville, NC 28301 Project: WW & Stream Samples - Norris Farms Microbac Laboratories, Inc. Fayetteville Division 2592 Hope Mills Rd Fayetteville, NC 28306 910.864.1920 bonnie.sanders@miaobac.com PO # EP4759308 Invoice Invoice Number: KA61300232 Invoice Date: 0210612016 Client Cade: KNO03 Terms: 30 Days Serviges Provided for: NC DENR - DWQ (Surface Water) 225 Green Street, #714 Fayetteville, NC 28301 Received Date 02/03/2016 Work Order(s) Quantity AnalrstslDesaiutlon Base Price Surcharge Unit Cost Extended Cast K6610141 5 Fecal Coliform Bacteria in Water $30.00 0% $30.00 $150.00 Total Amount $160.00 Prepaid Amount $0.00 Balance Due $150.00 Please detach invoice stub below and return with remittance dam------------ -------------------------------- ----------- ....... INVOICE #: KA61300232 INVOICE Date: 02/05/2016 CUSTOMER #: KNO03 Remittance To: Microbac Laboratories, Inc Attn: Locator KA P.a Box 644733 4 Pittsburgh, PA 15264-4733 KAKNO03KA68002320502201600015000 Balance Due $150.00 Terms: 30 Days OMICROBACO Bill I To: NC DENR - DWQ (Surface Water) Ms. Belinda Henson 225 Green Street, #714 Fayetteville, NC 28301 Project: WW 8 Stream Samples - Norris Farms Microbac Laboratories, Inc. Fayetteville Division 2592 Hope Mills Rd Fayetteville, NC 28306 910.864.1920 bonnie.sanders@microbac.com PO # EP4759308 Invoice Invoice Number: KA6600231 Invoice Date: 02106/2016 Client Code: KNO03 Tennis: 30 Days Services Provided for: NC DENR - DWQ (Surface Water) 225 Green Street, #714 Fayetteville, NC 28301 Received Date 02/04/2016 Work Order(s) Quantity AnaWWRAsdedon--- ease Price, Surcharge unit Cost Extended Cost K680205 1 Fecal Coliform Bacteria in Water $30.00 0% $30.00 $30.00 Total Amount $30.00 Prepaid Amount $0.00 Balance Due $30.00 Please detach invoice stub below and return with remittance ------- --- -- --- ---- --- ---- INVOICE #: KA000231 INVOICE Date: 02/05/2016 CUSTOMER #: KNO03 Remittance To: Microbac Laboratories, Inc Attn: Locator KA P.0 Box 644733 4 Pittsburgh, PA 15264-4733 KAKNO03KA6B002310502201600003000 Balance Due $30.00 Terms: 30 Days Gooale Guyton, Steve From: McKoy, Kimberly S Sent: Tuesday, September 13, 2016 2:26 PM To: Guyton, Steve Subject: Info. Mere is the information you requested: 2/3/16 — Vehicle # 240445 —120 miles — 0.50 rate. Kimberly S. McKoy Office Assistant IV Division of Environmental Assistance & Customer Service NC Department of Enviornmental Quality 910-433-3325 Office 910-486-0707 Fax kim.mckoy@ncdenr.gov 225 Green Street Suite 714 Fayetteville, NC 28301 "Nothing Compares,.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Y MCOuAACS Apronamfc Olddon Phew; IMO) 7334= t+ d NO wnw.neO9-4Mn,daarawmFf FY1D-WM4690 n.-•r Ysy,. PfOdl0tilyd Cent Jad Nortia Adrfaor. 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AppOceMbnAfoMod N P205 K20 CO MR S Fe Aft Zn Cu a Ab C1 Ne Am Cd m Al Se Li 1"Odion 2.21 0.46 7.98 0.77 0.28 0.23 0.02 T 0.00 0.01 0.01 1.93 North Carolina c%5 l.�hxiu Lint Ford Cwm k—m Rep WwmT ft d the syde n that makes ads report posai6le is W ft funded anuo a grart from the No* Cwdbm TobmwThat Frail Camff*cdon. 1'�fc'� �1a8 cgiavromfc nrrvlass to mm� and �emd o q+aoliry. - Srow lhzder. Commismim not Fayetteville Division 2592 Hope Mills Road - FayeE eville, NC 28306 (910) 864-1920 / 864-8774 fax CHAIN OF: CUSTODY Rr.CORD PAGE i OF 1 %LIENTNAMEBADDRESS: /L Y /t Pop PROJECT I LOCATION: w Q m. LL Q # TYPE OF ANALYSIS PRESERVATION (CODE) CODE: A = None B = HNO3 (pH<2) + <6°C C = H2SO4 (pH<2) + <6'C D = NaOH + <6°C E = ZN Acetate + <6°C E = HCt G = Sodium Thio CONTACT PEHbQN: k?I t- C u PHONE: T� Lf 6�5� AM i.EQ6v:IV rStY- DATE) METHOD OF SHIPMENT: — f LAB ID # SAMPLE TYPE DATE TIME COMP GRAB PH FLOW TEMP C Res' CHLORINE SULFIDE s Lah inqulshed by: Date Time Received y; {Signature) Date Time 2 vi iC� ��-7 c�= 5 / inquish by: Date Time Received by: t$Ignaturej Date Time 3 4 inquished by: Date Time Received by: {Signature) Date Time 5 FI Initials----O� Turnaround time: REGULAR RUSH Comments or Special Hazards: ph Field: ph Field: Water Level #1 IS DATA FOR REG. COMPLIANCE PURPOSE? Temp Field 1: Temp Field 2: Water Level #2 NO YES WHICH: