260007_ENFORCEMENT_20171231

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ray Bullard
2224 Stedman Cedar Creek
Garland, NC 2$391
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 15, 2003
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Bullard Farm
Facility No. 26-7
Cumberland County
Dear Mr. Bullard:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen hl. Sullins, Deputy Director
Division of Water Quality
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 2H .0217, you have been found to
be in violation of your 2H.0217 Permit.
On September 5, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located off SR 2202 in Cumberland
County. During that routine inspection, it was noted that you have not followed your CAWMP.
Your CAWP states that soybeans and a winter annual are the receiving crops for your animal
waste. The waste can be applied to these crops only during the dates given in the CAWMP. Your
records indicate applications made to small grain during the months of May, June, and July. All
of these applications are outside of the plans application dates. Another item noted is the
application of waste to pull I C which is not included in your waste plan and had little to no
approved receiving crop.
The Division of Water Quality requests that the following items be addressed:
1. Avoid applications outside of the pumping windows approved on your CAWMP.
2. Establish the required crop as required by your CAWMP.
3. Harvest and remove small grain overseed in a timely manner, consistent with the CAWMP.
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 29301-5043 [phone] Fax [phone]
=oto
Customer Service
l-877-623-6748

Mr. Bullard
10-15-03
Page 2
4. Consult a technical specialist to make improvements to your plan and to insure that no
waste is applied to areas outside of your CAWMP. Include pull 1 C in your plan or do not
use it for waste applications.
Follow your farms CAWMP. Correct other items as noted from the Division of Soil and
Water Conservation Inspection.
Failure to comply with the above conditions may result in the facility losing its General
Permit and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement actions for this violation or any past or future violation. Furthermore, the
Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00
per day per violation.
If you have an explanation for this violation that you wish to present, please respond to this
office by November 5, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Sincerel
Paul awls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Danny Edwards — SWC, FRO
Central Files - Raleigh
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 [phone] Fax [phone] Customer Service
1-877-623-6748

Ray Bullard �+ 2 9 2003
2224 Stedman -Cedar Creek Road
Stedman, NC 28391 f ,
October 27, 2003
Paul E. Rawls
NC Division of Water Quality
225 Green Street
Fayetteville NC 28301-5043
Subject: Administrative Code 15A NCAC 2H.0217
Bullard Farm
Facility No. 26-7
Cumberland County
Dear Mr. Rawls:
This letter is being written to respond to the Notice of Violation I received after Mr.
Edwards conducted an operational review of my farm on September 5, 2003.
From the time I started planting in April, until July, we had over fifty inches of rain: 10-12
inches in April; 10-12 inches in May; 15 inches in June and 17 inches in July. Out of the
1000 acres that I farm 200 acres of crops were drowned during the spring/summer. Fifty
were never planted due to the rains.
I have twenty-two other acres to pump on; however, due to the saturated conditions of
the soils, I could not pump.
I was overwhelmed by the work load that was created by the delay of planting due to all
the rain and overlooked some things that were in my waste plan. I did what I thought
was the best I could do, in this situation, to keep the lagoon level down. I was honest in
writing down what I did. In the future I will prevent any oversights regarding my waste
management plan.
Response to items to be addressed:
1. In the future I will pay closer attention to pumping windows in my plan to
avoid making a mistake.
2. 1 intended to have my plan revised for soybeans instead of corn, but I never
got around to doing it. In the future I will place highest priority on things such
as this.
3. There was 'no small grain standing on the field at the time of inspection. I've
always removed, my small grain in a timely manner. This year I did it as soon
as weather permitted. <

October 27, 2003
Page 2
4. 1 have met with Larry Simpson of Cumberland Soil and Water Conservation
District and we have revised my waste management plan to address the
concerns in the Notice of Violation.
5. 1 will mow around the lagoon as often as necessary.
Lagoon samples taken on April 15, 2003 showed 2.4 pounds of N per 1000
gallons. Samples taken on August 22, 2003 showed 1.3 pounds of N per
1000; a 45% reduction. All calculations for pumping were based on the 2.4
report. Hopefully, the actual waste applied was much less than 2.4 pounds,
due to rain diluting -the lagoon. I realize we cannot go on this assumption: I
overlooked accounting for the soybean residual and will pay closer attention
to this in the future.
If you need further information, I can be reached at 910-531-3463 (home) or 910-322-
5125 (cell phone).
Sincerely,
4 '_a"_Q
Ray Bullard

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Secretary
Division of Soil & Water Conservation
September 19, 2003
Mr. Ray Bullard
2224 Stedman Cedar Creek
Stedman, North Carolina 28391
SUBJECT: Operation Review Notice of Referral for
Bullard Farm,
Facility Number 26-7
Cumberland County
Dear Mr. Bullard,
A A
OVA
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
On September 5, 2003, an operation review was conducted of Bullard Farm, facility number
26-7, in Cumberland County, This review, undertaken in accordance with G.S. 143-215.1 OD,
is one of two routine site visits scheduled for all subject animal operations in 2003. Staff from
the Division of Water Quality will conduct a separate compliance inspection.
During the operation review, the following items were noted:
• Application of swine waste to the 2002/2003 small grain crop during the months of May,
June, and July as follows:
Pull Application Date Application Amount (pounds of N per acre)
1A 6-3-03 25.8
1C 5-29-03 30.4
1C 7-1-03 30.4
1C 7-5-03 30.4
Since the aforementioned applications resulted in greater than ten pounds of nitrogen
being applied to the small grain crop outside of the allowable application window your
operation was referred to the Division of Water Quality for further investigation and
possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and
Water Conservation to notify the Division of Water Quality and the owner/operator of these
observed violations.
225 Green Street, Suite 714 1 Systel 131d. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Mr. Ray Bullard
September 19, 2003
Page 2
A copy of the operation review report is enclosed for your information. Site findings and
recommended corrective actions as discussed are noted in the comment sections. The report
I gave you during my site visit should be discarded, and the enclosed revised operation review
report filed in its place.
Please remember that in order for your facility to remain in compliance with environmental
regulations, animal waste cannot be discharged into the waters of the State, and the animal
waste collection, treatment, storage and disposal systems must be properly maintained and
operated under the responsible charge of a certified operator.
On behalf of the Division of Soil and Water Conservation, 1 appreciate your cooperation with
this operation review. Please do not hesitate to contact me at 910-485-1541 if you have any
questions, concerns or need additional information.
Sincerely,
00 V e- �'Y�
Danny Edwards
Environmental Specialist
cc: Paul Rawls, Division of Water Quality
John Ray, Cumberland Soil & Water Conservation District
Alfred Smith, Garland Farm Supply
Carroll Pierce, Division of Soil & Water Conservation
225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone [phone]
FAX [phone] An Equal Opportunity Affirmative Action Employer

Technical Assistance Site Visit Report
*Division of Soil and Water Conservation
O Natural Resources Conservation Service
O Soil and Water Conservation District
O Other...
Facility Number 26 - Date: 915103 Time: 1 8:30 Time On Farm: 120 FRO
Farm Name Bullard Farm County Cumberland Phone: [phone]
Mailing Address 2224 Stedman Cedar Creek Rd. Stedman NC 28391
Onsite
Representative Ray Bullard Integrator Garland Farm Supply
Type Of Visit
® Operation Review
❑ Compliance Inspection (pilot only)
❑ Technical Assistance
❑ Confirmation for Removal
❑ No Animals -Date Last Operated:
❑ Operating below threshold
® Swine ❑ Poultry ❑ Cattle ❑ Horse
Purpose Of Visit
Routine
Response to DWQIDENR referral
Response to DSWCISWCD referral
Response to complaint/local referral
Requested by prod ucerlintegrator
Follow-up
Emergency
Other...
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design
Current Design Current
Capacity
Population Capacity Population
Wean to Feeder
4. is there evidence of nitrogen over application, hydraulic overloading or excessive ponding
:Dyes ❑ no
❑ Layer
® Feeder to Finish
1574
1300
and/or public health?
❑ Non -Layer
6. Is the waste level within the structural freeboard elevation range for any waste structure?
❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4
Structure 5
Identifier
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ yes ® no
3• Does any problem pose an immediate threat to the integrity of the waste structure (large trees,
❑ yes ® no
seepage, severe erosion, etc.)?
❑ Dairy
❑ Non -Dairy
❑ Other
GENERAL QUESTIONS:
1. is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no
2. Is there evidence of a past waste discharge from any part of the operation that waste reached
❑ yes ® no
surface waters or wetlands?
3• Does any problem pose an immediate threat to the integrity of the waste structure (large trees,
❑ yes ® no
seepage, severe erosion, etc.)?
4. is there evidence of nitrogen over application, hydraulic overloading or excessive ponding
:Dyes ❑ no
requiring DWQ notification?
5• Is there evidence of improper dead animal disposal that poses a threat to the environment
❑ yes ® no
and/or public health?
6. Is the waste level within the structural freeboard elevation range for any waste structure?
❑ yes ® no
Structurel Structure 2 Structure 3 Structure 4
Structure 5
Identifier
Level (Inches) 25
CROP TYPES ICorn Soybeans Wheat
SPRAYFIELD
SOIL TYPES BuA St
7. What type of technical assistance does the onsite representative feel is needed? (list in comment section)
03/10/03

ility Number 25 - 7 Date:
915103
RAMETER
FC
Q No assistance provided/requested
8. Waste spill leaving site
TECHNICAL ASSISTANCE Needed
Provided
❑ 9. Waste spill contained on site
❑ 10. Level in structural freeboard
25. Waste Plan Revision or Amendment
®
❑
❑ 11. Level in storm.storage
26. Waste Plan Conditional Amendment
❑
❑
27. Review or Evaluate Waste Plan w/producer
R
❑ 12. Waste structure integrity compromised
013. Waste structure needs maintenance
28. Forms Need (list in comment section)
1:1
El
29. Missing Components (list in comments)
❑
❑
® 14. Over application >= 10% & 10 lbs.
❑
❑
❑ 15. Over application < 10% or < 10 lbs.
30. 21-11.0200 re -certification
❑ 16. Hydraulic overloading
31. Five & Thirty day Plans of Action (PoA)
❑
❑
32. Irrigation record keeping assistance
❑ 17. Deficient irrigation records
[118. Late/missing waste analysis
33. Organize/computerization of records
❑
❑
❑ 19. Late/missing lagoon level records
34. Sludge Evaluation
❑
❑
❑ 20. Late/missing soils analysis
❑ 21. Crop needs improvement
35. Sludge or Closure Plan
❑
❑
® 22. Crop inconsistent with waste plan
36. Sludge removal/closure procedures
❑
❑
37. Waste Structure Evaluation
❑
❑
❑ 23. Irrigation maintenance deficiency
❑ 24. Deficient sprayfield conditions
38. Structure Needs Improvement
❑
❑
39. Operation & Maintenance Improvements
❑
❑
40. Marker checkicalibration
❑
❑
Regulatory Referrals
41. Site evaluation
❑
❑
® Referred to DWQ Date: 9/19/2003
42. Irrigation Calibration
❑
❑
[]Referred to NCDA Date:
43, Irrigation designlinstallation
El
El
❑ Other...
system
44. Secure Irrigation Information (maps, etc.)
❑
❑
LIST IMPROVEMENTS
45. Operating improvements (pull signs, etc.)
❑
❑
MADE BY OPERATION
❑
Cl
46. Wettable Acre Determination
1 • Applied lime to spray fields during spring of
47. Evaluate WAD certificationirechecks
❑
❑
48. Crop evaluation/recommendations
❑
❑
2003.
2.
49. Drainage work/evaluation
❑
❑
50. Land shaping, subsoiling, aeration, etc.
51. Runoff control, stormwater diversion, etc.
❑
❑
❑
❑
3
52. Buffer improvements
❑
❑
53. Field measurements(GPS, surveying, etc.)
❑
❑
4.
54. Mortality BMPs
❑
❑
55. Waste operator education (NPDES)
❑
❑
5'
56. Operation & maintenance education
❑
❑
57. Record keeping education
❑
❑
6.
58. Crop/forage management education
❑
❑
59. Soil and/or waste sampling education
❑
❑
03/10/03

Facility Number 26 - Date: 13/5/03
COMMENTS:
Waste samples:
+�
6/13102 -- 1.3
12/13/02 -- 1.9
4115/03 -- 2.4
6122103 -- 1.3
114. Applied 25.8 pounds of nitrogen to 2002/2003 wheat crop on pull 1A on 6-3-03. Applied animal waste nitrogen to pull
1 C as follows:
Date Amount of N Applied
5-29-03 30.4 pounds of N
7-1-03 30.4 pounds of N
7-5-03 30.4 pounds of N
Neither one of these pulls were planted to soybeans this summer. Pull 1 A was just recently planted to small grain (crop has
not come up yet) and pull 1 C was planted to peas that did not establish a stand. Pull 1 C is bare ground now. Pull 1 C is not
currently in waste plan.
13. Be sure to mow around all of lagoon.
2. Field 1 B is in soybeans, not corn. Waste plan does not include corn on this field. Be sure to get waste plan revised to
include soybeans in this field.
25./27. Waste plan needs to be revised to include a corn, wheat, soybean rotation for all spray fields. Field 1 C needs to be
included in waste plan. Contact Cumberland Soil & Water for waste plan revision. Pumping window for winter annual needs
to be revised to show pumping from September through April.
32. Acres on IRR 2 records should match acres in waste plan. Field 1A should be 4.4 acres instead of 4.88 acres in IRR 2.
Field 1 B should be 6.4 acres instead of 6.21 acres on IRR 2. Move pumping done on field 1 B in June (6-3-03) from wheat
crop to soybean crop. Revise IRR 2 for field 1 B to reflect this change. Pumping window for wheal (winter annual) ended the
last of April.
Be sure to follow pumping windows for winter annual and all crops. Pumping window for winter annual is September through
April. Waste plan needs to be revised to include this pumping window.
Reminder: Be sure to reduce nitrogen rate on IRR 2 forms by 20 pounds per acre for crop that follows soybeans. This
should be addressed in the waste plan.
Note: Conditional amendment to waste plan may be needed to get through fall 2003 since soybeans are in most of spray
fields (application period ended at the end of August for soybeans).
TECHNICAL_ SPECIALIST Danny Edwards
SIGNATURE
Date Entered: 9/19/03 Entered By: IDanny Edwards
03/10/03

0� WA
r
April 28, 2003
Mr. Ray Bullard
2224 Stedman Cedar Creek Road
Stedman, NC 28391
SUBJECT: Retraction of Notice of Violation
Bullard Farm
Farm # 26-7
Cumberland County
Dear Mr. Bullard:
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
,.
MAY - 5 2003
rci
On April 17, 2003, you were sent a Notice of Violation for having high freeboard in your
lagoon. Because you did not have high freeboard in your lagoon and your farm number was
entered in error, this Notice of Violation is hereby retracted and has been removed from your
file.
We apologize for any inconvenience this has caused you. If you have any questions, please
call Steve Lewis at 733-5083, ext. 539.
Sincerely,
/Zan W. Klimek, P.E.
tor
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
�ayetteville`Regional-Office
Customer Service: Melling Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled 110% post -consumer paper
httpYlh20. enr, statanc. us
A
►*A
NU6NZA
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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o�0F W A
r
o -r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ray Bullard
2224 Stedman Cedar Creek Rd.
Stedman NC 28391
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Bullard Farm
#26-7
Cumberland County
Dear Sir or Madam:
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
2 3 2003 11
On April 10, 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 10, 1999. 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
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52.01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled 110% post -consumer paper
ht1pl/h2o.enr.s1ate. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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
[phone].
Sincerely,
Ian W. Klimek, P.E.
Director
cc: Fayetteville Regional Office /04
Non-Discharge Compliance/Enforcement Unit
Central Files