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HomeMy WebLinkAbout090199_ENFORCEMENT_20171231u fil 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)