HomeMy WebLinkAbout090199_ENFORCEMENT_20171231u
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NCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 6, 2013
CERTIFIED MAIL 7009 3410 0001 68316979
RETURN RECEIPT REQUESTED
Shady Branch Properties LLC
100 Lake Dr.
Clinton, North Carolina 28328
Subject: NOTICE OF DEFICIENCY. NOD -2013 -PC -0419
Administrative Code 15A NCAC 2T . 13 04
Shady Branch Farms, LLC Pine View 1 & 2 No. 09-199, Permit No. AWS090199
Bladen County
Incident no. 201301307
Dear Shady Branch LLC:
On July 7, 2013 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section were notified by Mr. Curtis Barwick of a high freeboard level in lagoon 1& 2. We wish to thank
Mr. Curtis Barwick for notifying DWR of this incident.
As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section, 1300, you, have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General
Permit No. AWG 100000.
On July 72 2013 a lagoon/storage pond level was documented at 27.00 inches in lagoon 1 and lagoon 2 at
26 inches. A level of 29 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
225 Green Street— Suite 714— Fayetteville, North Carolina 28301-5095
Phone, 910-433.33001 FAX: 910-486.07071 Customer Service 1.877.623.6748
Internet:: www.ncwatemuality,oro
An Equal Opportunily4Affirmalive Action Employer
Shady Branch Farms, LLC
November 6, 2013
Page 2
Required Corrective Action for Deficiency 1:
DWR has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take
all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit.
A compliance inspection was done May 16, 2013 and all records were reviewed and both lagoons were
being managed very well. Heavy rain was determined to be the cause of the high freeboard. No Response
to this letter is required.
The date and time lagoon 1 was returned to compliance was on September % 2013.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Christine Lawson CAFO Unit
Murphy Brown
FRO / CAFO files
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor.
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JCT, LLC
412 Layfette Street
Clinton, NC 28328
Dear JCT, LLC:
December 8, 1997 FIE EPt, j
DC, 10 1991
FAYETTEV€LLE
REG. OFFICE
Subject: Notice of Violation and Revocation for Nonpayment
Pine View #1& #2
Permit Number: AWS090199
Bladen County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an
animal waste management system permit will be charged in each year of the term an annual permit fee. Annual
permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that
date. Your animal waste management system permit was issued on 5122197.
Your annual permit fee for the period of 5/22197 = 5121198 is $100.00. Your payment was due
11113197. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to
revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required
Annual Animal Waste Management System Permit fee for your animal operation is received within that time.
Operation of an animal waste management system without a valid permit is a violation of North Carolina General
Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment
should be sent to:
N.C. Department of Environment Health and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sin rely,
rest 3 rd'J'r'
cc: Supervisor, Non -Discharge Permitting Unit
Fayetteville Regional Office
Bladen County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt; Secretary
Kerr T. Stevens, Director
July 26, 1999
CERTIFIED MAIL
RETURN RECEIPT -REQUESTED
JCT, LLC
100 Lake Drive
Clinton NC 28328
1.0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DENR-FRO
AUG 2 1999
DWQ
Subject: Notice of Violation and Revocation for Nonpayment
Fine View #1 & #2
Permit Number: AWS090199
Bladen County
Dear JCT, LLC:
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 5/22/97.
Your annual permit fee for the period of 5/22/99 - 5/21/2000 is $150.00. Your payment was due 7/8/99. Because
this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant
to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerelv,
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Regional Office
Bladen County Health Department
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
State of North Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 20, 1999 RECEIVED
Craig N. Richardson '
JCT, LLC DEW 2 3 1999
100 Lake Drive
Clinton, NC 78328 FAYETTEVi'LLE
MG. OFFICE
SUBJECT: Retraction of Notice of Violation
Pineview #1 and #2
Permit # AWS090199
Bladen County
Dear Mr. Richardson:
On July 26, 1999, you were sent a Notice of Violation for failing to pay the annual
compliance/monitoring fee for the subject facility. After a review of the information received
from you, this Notice of Violation has been retracted and removed from your file. The invoice
was mailed to an incorrect address.
We apologize for any inconvenience this has caused you. If you have any questions,
please call Steve Lewis at 733-5083, ext. 539.
Sincerely,
Kerr T. Stevens
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
FayetteviIle- Regional. Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
�:..i..::C"tea•-w.�r...4k '-.�+.....1..��"7
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE: REGIONAL OFFICE
R IFI D MAIL
RETURN RECEIPT
JCT, LLC
412 Layfette Street
Clinton, NC 28328
August 22, 2000
SUBJECT: NOTICE OF DEFICIENCY
Pine View Swine Facility
Registration No. 09-199
Bladen County
Dear Mr. Godwin:
On August 17, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Pine View swine facility. It was observed that the waste
application fields have a problem with other grasses and weeds resulting in a poor stand
of Coastal Bermuda.
In regard to the deficiencies noted during the inspection, the following actions
l
are requested:
1. Contact a crop specialist for assistance in the proper management of the Coastal
Bermuda fields to improve the stand and control the weeds and other undesirable
grasses.
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.
1541.
If you have any questions concerning this matter, please call me at. 910 -496 -
Sincerely,
cc: Operations Branch Robert Heath
Central Files Environmental Specialist
Trent Allen - FRO, DSW
Sam Warren - Bladen Co. NRCS
Garth Boyd - Murphy Farms
i
lP-
Z 0 C It I 4A
1 0
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 2a301-5043
PHONE 010-486-1541 FA%910-496-0707
AN EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST.CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT
JCT, LLC
412 Layfette Street
Clinton, NC 28328
August 22, 2000
SUBJECT: NOTICE OF DEFICIENCY
Pine View Swine Facility
Registration No. 09-199
Bladen County
Dear Mr. Godwin:
On August 17, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Pine View swine facility. It was observed that the waste
application fields have a problem with other grasses and weeds resulting in a poor stand
of Coastal Bermuda.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a crop specialist for assistance in the proper management of the Coastal
Bermuda fields to improve the stand and control the weeds and other undesirable
grasses.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these
deficiencies.
If you have any questions concerning this matter, please call me at 910-496-
1541.
Sincerely,
cc: Operations Branch Robert Heath
Central Files Environmental Specialist
Trent Allen - FRO, DSW
Sam Warren - Bladen Co. NRCS
Garth Boyd - Murphy Farms
. w11wn11��
228 GREEN BTREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 20301-8043
PHONE 910-498-1841 FAX910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER_- 50% RECYCLED/10% PasT-cON9uMER PAPQR
yy
�,�,
I.Y �
4l; v•.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT
JCT, LLC
412 Layfette Street
Clinton, NC 28328
August 22, 2000
SUBJECT: NOTICE OF DEFICIENCY
Pine View Swine Facility
Registration No. 09-199
Bladen County
Dear Mr. Godwin:
On August 17, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Pine View swine facility. It was observed that the waste
application fields have a problem with other grasses and weeds resulting in a poor stand
of Coastal Bermuda.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a crop specialist for assistance in the proper management of the Coastal
Bermuda fields to improve the stand and control the weeds and other undesirable
grasses.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these
deficiencies.
If you have any questions concerning this matter, please call me at 910-496-
1541.
Sincerely,
cc: Operations Branch Robert Heath
Central Files Environmental Specialist
Trent Allen - FRO, DSW
Sam Warren - Bladen Co. NRCS
Garth Boyd - Murphy Farms
. w11wn11��
228 GREEN BTREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 20301-8043
PHONE 910-498-1841 FAX910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER_- 50% RECYCLED/10% PasT-cON9uMER PAPQR
UNITED STATES POSTAL SERWCE, _ First -Class Mail
Posta
USPSge &Fees Paid
-
-Permit No: G-10
• Sender: Please priliiou�tp7; address,'iind°ZtP+4-in'thi box-!•-- - - -
ROBERT HEATHDENR
225 GREEN STREET - SUITE 714
FAYETTEVILLE NC -28301z 7 i^-
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
a 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:
JCT LLC - Murphy Family .Farms
Pine View 09-199
Pinnacle Sow.- 09-19$
PO BOR '759:
Rose Hill NC 28458
(2nd attempt)
A Received by (Please Print Clearly) I S. Date of Delivery
Cel
Agert
re
Is delivery address(Ifaent from item l? ❑ Yes
If YES, anter delivery address below: ❑ No
3. Service Type
XR Certified Mail ❑ Express Mail
11 Registered ❑ Return Receipt for Merchandise
C3 Insured Mail ❑ C-O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
* 2. Article Number�(j[���py (prom service kW
Z 425' 64 001; . ....
_ r l r }i l:I; s:i I: i:E li 'ri i 3: i i tlill i
PS Form 3811, Juiy 1999 Domestic Retum Receipt 102595-99-M-ne9
l _
F A M I L Y F A R M S
September 8, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Deficiencies for Facilities 9-5, 9-198, 9-199,.9-27, 9-167
RECrEiVED,
SEP 13 2070
Dear Mr. Heath:
In response to your August 22nd, 2000 letters concerning the August 15 -17 visits to these sites
you noted a deficiency on each; we wish to respond and ask you to consider the following:
1) At French's Creek (9-5), Pinnacle (9-193), Pine View (9-199), and Evergreen (9-27), you
noted that one or more of the spray fields had competition with other grasses and/or weeds.
We sprayed these bermuda fields earlier this summer with 24D broadleaf weed herbicide.
We are unsure what, if anything, we can spray to control other grasses. Of these farms,
only Evergreen is grazed, and the nitrogen rate (150 & 180 Lbs.) for the fields in question
given by technical specialist Kraig Westerbeek is low to reflect a stand of mixed bermuda,
fescue, and native grasses. The other farms have very low nitrogen concentrations in the
lagoons, making it impossible to optimally fertilize the bermuda; however, across the fields
green summer grasses are growing and have been baled and removed at a nitrogen rate
greater than or equal to our applications.
2) At Bladen Boar (9-167); we experimented with an alternative crop of field peas in response
to previous unsuccessful attempts to grow bermuda. The reason crop establishment is
difficult is that by nature and design the small boar studs use a relatively low amount of
water and therefore require a low amount of wastewater to be irrigated. The field peas we
planted this year came up beautifully and then, due to the isolation of this site and being
surrounded by woodland bays, deer grazed the crop to the ground. Due to the health status
of this farm, dry litter from another farm is not an option. Our plan is to seed rye this winter,
Freeboard is currently 39" . We will consider any improvements you suggest.
3) We have tentatively set up a meeting on October 411 with Dr. Jim Green of NCSU, Regional
Agronomist Rick Morris, CES, and also invite your staff along with SWC to discuss what
can and should be done to Improve bermuda stands on several farms in the Bladen area.
Kathy Dugan is organizing the agenda.
If you have any questions or concerns please contact John Bizic at 910-289-6439.
Sincerely,
John Bzi�c
Land and Nutrient Manager
Cc: Garth Boyd, Jeff Turner, Kraig Westerbeek, Walt Burney, Sonya Avent -- DWQ Compliance Group, Sam Warren —
Bladen NRCS
Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111., FAX (910) 289-6400
8/00
-�l
Farm Name
Farm Code
Crop
Date
CROP YIELD REPORT
One Form for Each Field per Crop Cycle
7
(1) (2) (3) (4) (5) (6) (7) (8)
Field or
Routine
Number(s)
# Bushels
Harvested
(if applicable)
# Bales
(if applicable)
Tons of Yield
ivU
(3) x Ave. lb/bale
2600
Total Field Yield/Acre
Acres
(2) (5) - Grain
(4) (5) - Hay
N Removal
Rate
(From Nitrogen
Fertilization
Rates Table
Total Lb N
Removed/Acre
(7) x (6)
! -
873
3:-(3 � 5
�G � 6g S. F59
Farm Name
Farm Code
Crop
Date
�tine�iew
�, 3¢f'rnVG0.
summe+�' aOUv
CROP YIELD REPORT
One Form for Each Field per Crop Cycle.
1 2 3 4 5 6 7 8
Field or
Routine
Number(s)
# Bushels
Harvested
(if applicable)
# Bales
(if applicable)
Tons of Yield Total Field Yield/Acre N Removal Total Lb N
90 Acres Rate Removed/Acre
(3) x Ave. lb/bale (2) _ (5) - Grain (from Nitrogen
2000 (4) W (5) - Hay Fertilization (7) x (6)
Rates Table
197
41
X80 6S tuns /.S.Ff% 51 (,p T 5 0 )-r-n $p�� e
A1
13[W 15U
Division of Water.Resources
Facility Number - 0 Division of Soil and Water Conservation
0 Other Agency
Type of Visit: ff 7Routine
liance Inspection Operation Review 0 Structure Evaluation 0 'Technical Assistance
Reason for Visit: 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: Departure Time: County:
y
Farm Name: IAC_12 r erg Owner Email:
Owner Name: 3k& -P, (J �G�'� 'rii/L ✓'� `Z- `'�s Phone:
Mailing Address:
Physical Address:
Region: t "` 0.
Facility Contact: Ce. ,.j t S .^G�.0 `kl Title: Phone:
Onsite Representative: [ Integrator: rk V
Certified Operator: �e v� < <%�'[�. Certification Number: K -y ` `i G
Back-up Operator:
Location of Farm:
Latitude:
Certification Number:
Longitude:
Design Current Design Current
Swine Capacity Pop. Wet Poultry Capacity Pop. Cattle
Wean to Finish
Wean to Feeder AO
Feeder to Finish r
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Other
Other
Discharges and Stream Impacts
Layer
Non -La er
Non -L
Pullets
Poults
Design Current
Dairy Cow
Dairy Calf
Dairy Heifer
Dry Cow
,Non -Dairy
Beef Stocker
Beef Feeder
Beef Brood Cow
Design Current
Capacity Pop.
1. Is any discharge observed from any part of the operation? ❑ Yes O'er ❑ NA ❑ NE
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made? ❑ Yes []No [jNA ❑ NE
b. Did the discharge reach waters of the State? (If yes, notify DWR) ❑ Yes ❑ No [31A ❑ NE
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) [:]Yes ❑No [ NA ❑ NE
2. Is there evidence of a past discharge from any part of the operation? ❑ Yes [7"No ❑ NA ❑ NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes �o ❑ NA ❑ NE
of the State other than from a discharge?
Page 1 of 3 2/4/2014 Continued
acility Number: - Date of Ins ection: ./�
Waste Collection & Treatm nt
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes' [3 4o ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No � ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): z
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes M—N0 ❑ 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 CU Wo ❑ 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 []�<o ❑ NA ❑ NE
8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes [�o ❑ 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 2 No ❑ NA ❑ NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes [�r No ❑ NA ❑ NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ENo ❑ 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): Ar Oy A L., _e
13. Soil Type(s): 1 (' 6 1 (
14. Do the receiving crops differ from those designated in the CAWMP?
❑ Yes
2r] o
❑ NA
❑ NE
15. Does the receiving crop and/or land application site need improvement?
❑ Yes
[21<o
❑ NA
❑ NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
❑ Yes
[�Ko
❑ NA
❑ NE
acres determination?
17. Does the facility lack adequate acreage for land application?
❑ Yes
[f]N
❑ NA
❑ NE
18. Is there a lack of properly operating waste application equipment?
E] Yes
Q No
❑ NA
❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
❑ Yes
�o
❑ NA
❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
❑ Yes
�o
❑ 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
ENo
❑ NA
❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis
❑ Waste Transfers
❑ Weather Code
❑ Rainfall []Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
❑ Yes
�
❑ NA
❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
❑ Yes
ef'10
❑ NA
❑ NE
Page 2 of 3 2/4/2014 Continued
Facilit umber: t T71 Date of Inspection:
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 [fNo ❑ 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 FNo
F] NA [—]NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? [—]Yes ❑ NA ❑ NE
Other Issues
28. Did the facility fail to properly 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
J 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
❑ Yeshfo
❑ 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.
0 Yes
Ej"N�o
❑ NA
❑ NE
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
eseNoo
❑ NA
E]NE
33. Did the Reviewer/inspector fail to discuss review/inspection with an on-site representative?
�Yes
❑ NA
0 NE
34. Does the facility require a follow-up visit by the same agency?
❑ Yes
% No
❑ NA
❑ NE
Comments (refer to question #): Explain any YES answers and/or any Additional recommendations or anyother comments.
Use drawinas of facility to better explain situations (use additional pages as necessary).
4L)
Reviewer/Inspector Name: 1ZL
Reviewer/Inspector Signature:
Page 3 of 3
Phone: `J U 3
Date:
2/4 D14
Structure Evaluation Inspection
Facility Number: T -_ L_LL Date: �3 114
Time in: jh 3 k Time out: I # S
Farm Name: RV Ura, Farm 911 address: P_It52
Owner Name: Phone
Facility Contact: 0r,-(, fs t3avw( C4(,` -
Onsite Representative: /( `` Integrator: rM
Certified Operator: IV, Cert. Number
Is storage capacity less than adequate? Yes No Le-111-
If
/
If yes is waste level into the structural freeboard? Yes No
Was non-compliant level reported to DWR Vr4 POA received
Structure: 1
Identifier:
Spillway?
Designed Freeboard (in.):
Observed Freeboard (in.): _
Z 3
4 5 6
Are there any immediate threw -to the integrity of any of the structures
observed? Yes No ;
Do any structures lack adequate markers as required by the permit? Yes _ No
Does any part of the waste management system need repair Yes No
Condition of field's
Condition of receiving crop robs
Comments:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Water Resources
ENVIRONMENTAL QUALITY
Secretary
S. JAY ZIMMERMAN
Director
April 26, 2016
Craig N. Richardson
Shady Branch Properties
100 Lake Drive
Clinton, NC 28328
Subject: NOTICE OF DEFICIENCY
Craig N. Richardson
Permit # 09-0199
Bladen County
Incident # 201502035
NOD-2016-PC-0126
Dear Mr. Richardson:
On December 28, 1015 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) were notified by Curtis Barwick of a high freeboard
level in the #1 and #2 lagoons. We wish to thank Curtis Barwick and Mr. Richardson for
notifying DWR of this incident.
As a result of this incident, you are hereby notified that having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T
Section .1300, you have been found to be in violation of your Certified Animal Waste
Management Plan and the Swine Waste System General Permit No. AWG100000 that you are
covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On December 28, 2015 a lagoon/storage pond levels were documented at less than permitted. A
level of 27.0 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Required Corrective Action for Deficiency 1:
DWR has received a copy of your 30-Day Plan of Action (POA) for the high freeboard
occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance
with your Certified Animal Waste Management Plan and permit.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000
If you have any questions concerning this Notice, please contact me at (910) 433-3326
Sincerely,
Belinda S. Henson
Regional Supervisor
NCDEQ-Division of Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
cc. Sampson County Soil and Water Conservation District
Smithfield Foods
Water Resources
Environmental Quality
RECEIVED
DEQ/DWR
MAR 16 2017
WQROS
=AVF rrP\/1LLF QFGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Shady Branch Properties LLC
Shady Branch Farms, LLC Pine View 1& 2
100 Lake Dr
Clinton, NC28328-8328
Dear Permittee,
March 13, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Notice of Deficiency
Shady Branch Farms, LLC Pine View 1 & 2
Permit Number AWS090199
Bladen County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee ($)
2016PR002639
5/6/2016
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6316
-cona-
_, "---Nothing Compares --
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 707-9129.
Sincerely,
C�6' J, ujyk
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS090199)