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Home My WebLink About090210_ENFORCEMENT_20171231CERTIFIED MAIL ` RETURN RECEIPT REQUESTED David Gooden 959 Dewitt Gooden Rd Elizabethtown NC 28337 SUBJECT: Notice of Violation Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 - F � r r-, 7'� . "°�° I I 2 3 2003 Request for Information Inadequate Freeboard David Gooden Hog Farm 1-16 #9-210 Bladen County Dear Sir or Madam: On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was'inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on August 4, 1997. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one 'or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. ` To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal IVIWI `6L SNR Customer Service: Melling address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier 1152-01.01 Raleigh, NC 27699-1617 An Equal Opportunity /AffirmativeAction Employer 50% recycled/ 10% post -consumer paper httpl/h2o. enr. state. nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, Alan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David Gooden 959 Dewitt Gooden Road Elizabethtown, NC 28337 Subject: Rescission of Notice of Violation 1 Issuance of Notice of Deficiency David Gooden Hog Farm 1-1G Facility Number 09-210 Bladen County Dear Mr. Gooden: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you -on April 15, 2003, and replaces it with,this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. AGA Customer Service: Melling Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled 110% post -consumer paper http:llh2o.enr,state. nc. us O� WAR Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural. Resources Alan W. Klimek, F.E. Director Division of Water Duality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David Gooden 959 Dewitt Gooden Road Elizabethtown, NC 28337 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency David Gooden Hog Farm 1-16 Facility Number 09-210 Bladen County Dear Mr. Gooden: Thank you for your recent submittal of the information requested in our letter dated April 15, ' 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. 11, Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with,this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 110% post -consumer paper http:l/h2o.enr.state. nc, us NME- Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, C Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 09-210 Non -Discharge Compliance and Enforcement Unit Central Files State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director David Gooden David Gooden Hog Farm 1-16 959 Dewitt Gooden Road Elizabethtown, NC 28337 Dear Mr. Gooden: LT.XPFA o�r� July 15, 1997 J U L 18 1991 FAYETTE APDL .E REG. OFRCE Subject: Application No. AWS090033 Additional Information Request David Gooden Hog Farm 1-16 Animal Waste Operation Bladen County The Permits and Engineering Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by August 14, 1997: 1 } The animal capacity shown on your Waste Management Plan (2940 Feeder to Finish) does not agree with the animal capacity shown on your Liquid Animal Waste Operations General Permit Application (11760 Feeder to Finish). Please submit a Waste Management Pian developed for the number of animals shown on your Liquid Animal Waste Operations General Permit Application (11760 Feeder to Finish). 2) The animal capacity shown on your Irrigation Design (2940 Feeder to Finish) does not agree with the animal capacity shown on your Liquid Animal Waste Operations General Permit Application (11760 Feeder to Finish). Please submit an Irrigation Design developed for the number of animals shown on your Liquid Animal Waste Operations General Permit Application (11760 Feeder to Finish). Please reference the subject permit application number when providing the requested information. All information should be signed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before August 14, 1997, or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper If you have any questions regarding this request, please call me at (919) 733-5083, extension 362. Sincerely, M Michael T. Lewandowski Environmental Engineer State Engineering Review Group cc: Fayetteville Regional Office, Water Quality Permit File Mx - -R,��aA Ow;kfAt q, A 07D&Zl-,�__ a83s RECEIVE® JUN 111"1 FAYETTEVILLE REG. OFFICE fN�51� LUO-A Oi (\ &wee -�C�l 0",t�l � Yl� ur\-, -�� - -\�&- 6\z� State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. David Richard Gooden 959 Dewitt Gooden Road Elizabethtown, NC 28337 Dear Mr. Gooden: IDIEHNF;Z DIVISION OF WATER QUALITY May 16, 1997 SUBJECT: NOTICE OF DEFICIENCY David Gooden Swine Farm Registration No. 09-33 Bladen County On May 7, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the lagoon systems at the David Gooden swine facility. It was observed that the no. 1 animal waste lagoon was within two (2) inches of overtopping as reflected by the lagoon marker. The lagoon marker appears to be inaccurate and should be investigated to insure that the top of the marker reflects the lowest point in the dike. Should overtopping occur, the result would be a discharge into waters of the State, namely Hammond Creek, resulting in possible enforcement action by this Division. According to our conversation with Mr. David Gooden on May 8, 1997, he stated that the lagoon would be pumped as soon as possible to prevent a discharge. The lagoon level should be maintained to allow for adequate freeboard in the event of a 24 hour twenty five year rain event. We recommend that future application events are carefully monitored and scheduled during appropriate weather conditions to avoid run-off problems. Please notify this office in writing within 30 days at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. Wachovia Building, Suite 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 N10C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper I Q. Page 2 Mr. Gooden 5/ 16/97 If You have any questions concerning this matter, please call Ed Buchan, Environmental Engineer or Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, �&�f -;ekw?t Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary David Richard Gooden Gooden Farm Rt, 1 Box 211 Elizabethtown NC 28337 November 13, 1996 SUBJECT: Operator In Charge Designation Facility: Gooden Farm Facility ID#; 9-33 Bladen County Dear Mr. Gooden: NOV 19 1996 FAY i<`Ti "-Mid? L -E M-701.OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form'must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, A. Preston Howard, Jr., P. or Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, 1P1* Raleigh, North Carolina 27611-7687 �C An Equal Opportunity/Affirmative Action Employer Voice 939-715-4300 50% recycled/10% post -consumer paper I 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 September 30, 1997 LT.MMAI A&14 0 jai [DEHNIt' David Gooden RECEIVED David Gooden Hog Farm 959 Dewitt Gooden Road Elizabethtown NC 28337 OCT 0 6 1991 Subject: Farm No. 09-121 FAYETTEVIL LE Additional Information Request (SEC. OFFICE Bladen County Dear David Gooden: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. It appears that while you have requested to combine all of your famrs, one -of your facilities with 4, 410 Feeder to Finish operation (Facility # 9-33) has not been certified by a technical specialist. Please submit, by October 30, 1997, two copies of the revised certification form that reflect the correct number of animals as requested in your permit application and waste utilization plan. Please reference the subject farm number when providing the requested information. All information should be signed and submitted to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, &��) lop� J.R. Joshi Soil Scientist Non -Discharge Permitting Unit cc: Fayetteville Regional Office, Water Quality Permit File P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper y., • Routine 0 Complaint 0 Follow-up of DWQ Inspection 0 Follow-up of DSWC review 0 Other Date of Inspection � tz Facility Number 4 .� I2 ! Time of Inspection F -797 51—V-1 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: ❑ Registered ❑ Applied for Permit (ex:.1.25 for 1 hr .15 min)) Spent on Review 0 Certified ❑ Permitted or Inspection (Includes travel and processing) ❑ Not Operational Date Last Operated* ............................... ...............................................J.............................................................. Farm Name: ....................GoCd4✓.... ff!e' .. !f..b„av «! ifir--Eounty:-1...E1�!�................................................... Land Owner Name:...['..v.. ...... ................. ...`.J .................. Phone No: ..Y�J......yl..��1�...... �... Facility Conctaet:.........vrrr/<��Q��*................. Title: . . ....... .............. . ................. Phone No(�Gyr 31YO .K ....... MailingAddress:.....;..../. �.. ✓1. � ...drP.................................................................................. ..................... .......................... Onsite Representative: ..... ...!V!°......s..........C�c!'.....'............................................ Integrator: ...... jP.........�........................................ Certified Operator:.........P `'<............................................ Operator certification Number:.......................................... Latitude • 6 « Longitude 6 64 Type of Operation and Design Capacity F Q Design Curretitar }' `-, Desi n Current fi' ' D gn Current Y 0.,..Cs Swine a Pouit �... a aci P6 elation S._ aci Po ulation't Catty C� aci � ,Po Motion.. ❑ Wean to Feeder+' _,,. "I❑ . ,r?'; La er ❑ Da' Feeder to Finish K,, ❑ Non -Layer JEJ Non -Da' Farrow to Wean �b Farrow to feeder Total Design rapacity EI.Farrow to Finis SS #, „.: ❑ Othcrcr �+f nCe�.cslh�e'r.n, Pvvl.r oi6��b❑ Subsurface Drainst �r } }, ❑Lagoon Area ❑Spray Field Area f. General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) C. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) -3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require 4130147 maintenance/improvement? ❑ Yes %No ❑ Yes KrNo ❑ Yes ArNo ❑ Yes ArNo ❑ Yes No ❑ Yes No ❑ Yes 'KNo ❑ Yes )(No Continued on back :r Facility Number:....l� ... 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes *o 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ANo 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No Structures (i.affoon5 and/or I,JoldinQ Ponds} 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes No Freeboard (ft): Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 11 . .;� �......... _.... ....... ........ _..... ........... .... __................... .......... _.- ..... __.... .......... ........ ..... - 10. Is seepage observed from any of the structures? ❑ Yes XNo 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes )krNo 12. Do any of the structures need maintenance/improvement? ❑ Yes ANo (if any of questions 9-12 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes XNo Waste Allolication 14. Is there physical evidence of over application? ❑ Yes eji� No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type 0y....e_AK .....+X11? �{, 1.................................................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)7 �Oycs 4140 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes XNo 18. Does the receiving crop need improvement? ❑ Yes ONo 19. Is there a lack of available waste application equipment? ❑ Yes �No 20. Does facility require a follow-up visit by same agency? ❑ Yes )<No 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ;KNo For Certified Facililigs Only 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes KNo 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ,XNo 24. Does record keeping need improvement? ❑ Yes *No Comments (refei. to question #)'., Explain` any YES answers and/or any recommend'atio'ns or any other &r6ments. '" Use drawings of facility to better explam.situations.(use additional pages as necessary) I 7� 6o'- ,C/,/ % d CDG�� A '; 4 ' , 8 DPW � Reviewer/inspecter Name .: Reviewer/Inspector Signature: _11e� Date: cc: Division of Water Quality, Water Qualify Section, Facility Assessment Unit 4/30197 State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr„ Governor Jonathan B. Howes, Secretary David Gooden David Gooden Hog Farm Rt.1 Box 211, 959 Dewitt Gooden Rd. Elizabethtown NC 28337 e�� FE HNR November 13, 1996 SUBJECT: Operator In Charge Designation Facility: David Gooden Hog Farm Facility ID#: 9-121 Bladen County Dear Mr. Gooden: aC OVE D NOV 19 1996 FMF_ a m E_Y,'LLE 'fi=t"'. 0 F F I C E Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .4224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026. Si2Preston A.Howard, Jr.,L.,ector Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files RO. Box 27687, �� FAX 919-715-3060 Raleigh, North Carolina 27611-7687NAn Equal Opportunity/Affirmative Action Employer Voice 919-715-Q 100 50% recycled/ 100/6 post -consumer paper I Facility Number. -!a9 - 121 Division of Environmental Management . Animal Feedlot Operations Site Visitation Record Date: 2 -1 St - 9 tQ Timer 0,0 General Information: Farm Name: L>av i cL o o cl c.rj V-65 FCL Y V County: Ia d e-^j Owner Name: bam 1 d c-,_0 0"A + _ Phone No: (9/0 6, 4-5'- 41 V95 On Site Representative: 0 wN w Integrator: v �-- s Mailing Address: 959 Goade_,j RJ 5,1i 4C�6 t, -fa ,Ji . N C Z "37 Physical Address&=ation: Latitude: Longitude: Qperation Description: (based on design characteristics) Type of Swine No. of Animals Type of Poultry No. ofAnimals Type of Cattle No. of Animals ❑ Sow O Layer O Dairy ❑ Nursery ❑ Non -Layer 0 Beef eerier r i �►g S Z 0 OtherType of Livestock Number of Animals: Number of Lagoons: Z (include in the Drawings and Observations the freeboard of each lagoon) Facili iy Inspection: Lagoon Is lagoon(s) freeboard less than 1foot + 25 year 24 hour storm storage?: Is seepage observed from the lagoon?: Is erosion observed?: Is any discharge observed? o Man-made 0 Not Man-made Co ver Crop G -4 3 4) Yes ❑ No EY' Yes 0 No a`� Yes 0 No @r' Yes ❑ No I3' Does the facility need more acreage for spraying?: Does the cover crop need improvement?: ( list the crops which need improvement) Crop type: e_ Acreage: Setback Criteria Is a dwelling located withi6 200 feet of waste application? Is a well located within 100 feet of waste application? Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? 'Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? AOI - January 17,1496 Yes ❑ No EI' Yes U . No 3" Yes ❑ -No ar' Yes ❑ No � Yes Cl No a, Yes ❑ No f-' . Maintenance ' Does the facility maintenance need improvement? Yes ❑ No L Is there evidence of past discharge from any part of the operation? Yes ❑ No 3"" Does record keeping need improvement? Yes ❑ No 3--" Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes ❑ No 0" Ce�+ . /d(U. Nf�twSLc,... Explain any Yes answers: Signature:_ cc. Facility Assessment Unit Drawings or Observations: AOI — January 17,19% Date: Z -1 y - Y (,, Use Attachments if Needed • ANT, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION July 7, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED David R. Gooden 959 Dewitt Gooden Rd. Elizabethtown NC 28337 Subject: NOTICE OF DEFICIENCY / NOD -2010 -PC -0827 David Gooden Hog Farm 1-16 A W S090210 Bladen County Incident No. 201000296 Dear Mr. Gooden; On January 25, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by David Gooden of a high freeboard level in the lagoon 1 and 2. We wish to thank Mr. Gooden for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified. Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 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 January 25, 2010 a lagoon/storage pond level was documented at 17 inches in lagoon 1. Lagoon 2 levels were documented -at 18.50 a level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www wwat r ualit .or 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NG 28301 FAX 910-486-0707 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper North Carolina Mr. Gooden July 7, 2010 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. A compliance inspection was done 6/25/2010 and all records were reviewed and the date and time lagoon was returned to compliance was documented. If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick CAFO Unit Bladen County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Prestage Farms F WArE Michael F. Easley, Governor `Oal� �QGWilliam G. Ross Jr,, Secretary North Carolina Department of Environment and Natural Resources UJ.bX �ar,) r Alan W. Klimek, P.E. Director >_ Division of Water Quality Q � February 22, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED David Gooden 959 Dewitt Gooden Rd. Elizabethtown, NC 28337 SUBJECT: NOTICE OF DEFICIENCY David Gooden Hog Farm 1-16 Facility No. 9-210 Permit No. NCA 209210 Bladen County Dear: Mr. Gooden: On January 5, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition III.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon No. 1 was reported as 18.5 inches Lagoon No. 2 was reported as 18 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard." The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the roc Division of Water QualkylAquifer Protection Section MR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 486-1541 FAX: (910) 488-0707 Intemet: hfp://ciw.ahnr.state.nc.us Customer Service: (800) 623-7748 w Page 2 Gooden specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Steve Guyton Environmental Tech. I cc: Compliance Group Central Files Danny Edward-DSWC Fayetteville Office Bladen County NRCS Pat McCrory Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED David Gooden David Gooden Hog Farm 1-16 959 Dewitt Gooden Rd Elizabethtown, NC28337-8337 Subject: Notice of Deficiency David Gooden Hog Farm 1-1 d Permit Number: AWS090210 Bladen County Dear Permittee, Donald R. van der Vaart Secretary 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 the Division of Water Resources (Division). The folt6win2 invoices are outstandine: Invoice Number RECEIVED/DENR1DWR Outstandina Fee $ Water Quality Regional WAWA FEB 12 66 NCDETIR ppqerations Section Fayett$ville RegS1=1 Ofew North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED David Gooden David Gooden Hog Farm 1-16 959 Dewitt Gooden Rd Elizabethtown, NC28337-8337 Subject: Notice of Deficiency David Gooden Hog Farm 1-1 d Permit Number: AWS090210 Bladen County Dear Permittee, Donald R. van der Vaart Secretary 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 the Division of Water Resources (Division). The folt6win2 invoices are outstandine: Invoice Number Due Date Outstandina Fee $ 2014PR005508 8/9/2014 360 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 Environment and Natural Resources (NCDENR), 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 -contd.- 1636 Mail Service Center, Raleigh, Norah Carolina 27699-1636 Phone: 919-807-64641 Internet: httpahwww,ncwater.org An Equal Opportunity 4 Affirmative Action Employer - Made in part by recycled paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS090210)