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HomeMy WebLinkAbout430007_ENFORCEMENT_20171231. S :rlortH Cerolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director February 5, 2001 1:16,11.1 M11102 fVla l ' ; 1 1 Mr.. Jeremy Hill Dogwood Farms P.O.Box 49 Clinton, NC 28329 Subject: Notice of ViolatipnLNotice of Intent ,Dogwood S-6 Farm rFacility No. 43-07 Permit No. AWS430007 Harnett County Dear Mr. Hill: NCDENR 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 214 .0217 Permit. On January 26, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Dogwood S-6 Farm located in Harnett County. The inspection revealed that the freeboard level of the lagoon was sixteen inches which is less than the minimum required in the General Permit for this facility. The General Permit condition M.6.e. states: " The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagooti/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following item(s) be addressed: 1. Lower the lagoon to the designed freeboard, weather permitting. 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 the Division of Water Quality is sending this to the Director for consideration of enforcement for this 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. 225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE. NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW,ENR.5TATr.NC.US/ENRI AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 j 1-30-01 Mr. Hill Page 2 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty at (910) 486-1541. Sincerely, Paul E. Rawls Water Quality Regional Supervisor Jh cc: Sonya Avant -Compliance Group Parks Blake -Harnett Co: NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh e�� NCDENR FAX TRANSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910-486-1541 Fax: 910-486-0707 To: j e r Fax #: From: ,, x- S Subject:.. - COMMENTS: Date: IF -Z ir--o Pages (including cover): r- 0 JAN -30-2001 T11E 06',41 PM , P S FARMS OF NO. INC. FAX NO. 9105922104 282 PREMIUM STANDARD FARMS OF NORTH CAROLINA, IN -C. 11 0. Fir.} X 349 G: - INTQN, ,,�r 28,329-0349 1 Fax Cover Sheet Date: �134�Oi To: �aln�, Uo►s�y : Company: From:!Sect-'ns „ V\4\� RE: Number of pages including cover sheet: y --- MESSAGE Time: G %qS Fax #: Non - 0707 .Phone: ti Phone Ext.: Joann i 4'i+c �ol�ow I5 'kl+t .3D &'y ovn ct At}iorn )Am ielun)-tA j;r %6 40&A j,-",Niom or ntct� q&10�kk )sql Wvu rm k W\. Cow �_ Z -z/ a l IMPORT ANT CONFIDENTIALI`IY NOTICE THIS FAX COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVMUAL TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PROPRIETARY, CONFIDENTIAL. OR PRIVILAEGED, IF YOU ARE NOT THE INTENDED RECIPIENT (OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS COMMUNICATION TOe INTENDED RECIPIENT), YOU ARE I L-REBY NOTIFIED THAT ANY DISSEMINATION, , r DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. 1F Y HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELERHONE AND RETURN IT TO THE SENDER BY MAIL. SEND WH REIMBURSE YOU FOR ANY REASONABLL EXFE-ISE 1NCLaRZD. THANK YOU. 9 F� • JAII-30-2001 TUE 06;42 PM. P S FARMS OF NO, INC, FAX NO; 9105922104 282 PLAN OF ACTION (PoA) Fd,R HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/ldenfifier (ID): -S ' ' - 7 ff 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line 5 - line a (inches in red zone) = F d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c x line d x 7.48 -gallons = 12 . ft3 P. 02 , inches 19 J?G 00 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 1$D days" 01 g. volume of waste produced according to structural design h. actual waste produced = 2N1� current herd # x line g AE 416 2yc* certified herd # by .... i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i +i) x 7.48 x .30 days = line f . 4_ Total PAN to be land applied dtjdng draw down period 1. current waste analysis dated /2 /x o0 m. lines e + k x line I = 1000 REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE PoA (30 Day) 2/21100 - 1 7so ft' 5.? 31I gallons . JAN-30-2001TLlE 06.......... , 42 Phi P S FARMS OF NC, NC, I FAX NO. 9105922104 282 P, 03 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YPL12o HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: line m - 7� Ib P 2. structure ID: 3. structure ID: 4. structure ID: line m line m = Ib„PAN line m = lb PAN 6. structure ID: line m = Ib P 6. structure ID: line m = At. ` r n. lines 1 +2+3+4+5+6 A 1b}I N III. TOTAL PAN BALANCE REMAINING, -FOR AVAILABLE CROPS DURING 30 DAYDRAW f3�LVN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 D,-. o, tract # p.' field # q. crop r, acres s, remaining t. TOTAL PAN ti. app! IRR -2 PAN BALANCE window” balance FOR FIELD (lb/acre) (Ibs•) ' column r x s; . ovvsard 0 - 0 ,� y n ,state current crop enaing application date or next crop application beginning date for available r during 30 day drawn down period v. Total PAN available for all fields (sum of column t) Ib. F PoA (30 Day) 2/21100 2 -JAN --30-2001 TUE 06:42 PM P S FARMS OF NO, INC. FAX NO. 9105922104 282 P. 0.4 IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (linen from section ll) 17.2tb p x. Crop's remaining PAN balance (line v from section III) _ _ J74G -14-a Ib. F y. Overall PAN balance (w - x) a • M.4.4 ib. F Line y must show as a deficit. If line y does not show as a deficit, list course of action hey including primp and haul, depopulation, herd reduction, etc. For pump & haul and herd. reduction options, recalculate new PAN based on new information. If new fields are to,` e Included as an option for lowering lagoon level, add these fields to the PAN balance�teble recalculate the overall PAN balance. If animal waste is to be hauled to another perrn1tto facility provide information regarding the herd population and lagoon freeboard Teri i a t receiving facility. NARRATIVE: � i 4 PoA (30 Day) 2121100 3 .. "' 8 �i NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 25, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Premium Standard Farms of NC, Inc. Attn: Mr. Jeremy Hill P.O. Box 349 Clinton, NC 2$329 SUBJECT: NOTICE OF DEFICIENCY S-6 Sow Farm Facility No. 43=7 Harnett County Dear Mr. Hill: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D, Acting 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 January 9, 2002, the Fayetteville Regional Office of the Division of Water Quality received written notification from Premium Standard Farris indicating incidences of PAN rate overapplication for the 2001-2002 winter pumping season. The review of this notification revealed that the PAN rate for the 2001 winter crop had been exceeded by 2 pounds, per the CAWMP for this facility, in Zone L. This is a violation of the General Permit issued to this facility under Section II., Operation and Maintenance Requirements, Number 4., which states: "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid overapplication of nitrogen either agronomically or hydraulically. 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 authorityto levy a civil penalty of not more than $25,000.00 per day per violation. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043 PHONE(910)486-1541 FAX (910)486-0707WWW.F.NR.S"rA"rE.NC.LJSlI:Nlt/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST CONSUMER PAPER DENR "POLL FRLE HOTLINE: 1-877-623-6748 Mr. Hill 3-25-02 Page 2 If you have an explanation for this violation that you wish to present, please respond to this office by April 8, 2002. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, M. Paul Sherman Environmental Engineer Cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Parks Blake -Harnett Co. NRCS Central Files -Raleigh December 1, 2006 CERTIFIED MAIL Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources RETURN RECEIPT REQUESTED Premium Standard Farms Of North Carolina Inc c ; S-6 i L✓..., 623 S E Blvd Clinton, NC 28329 L - - Subject: Application for Renewal of Coverage for Expiring NPDES General Permit Dear Permittee: Alan W. Klimek, P.E. Director Division of Water Quality Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State Non -Discharge General Permits are available at http://h2o,enr.state.nc.us/al2s/afou/downloads.htm or by writing or calling: NCDENR — DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under one of these two types ofeg neral permits, you must submit an application for permit coverage to the Division. Enclosed You will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring NPDES General Permit.' The application form must be completed and returned by January 2, 2007, Please note, you must include two 2 copies of yollr most recent Waste Utilization Plan with thea lication form. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, Ted L. Bush, Jr., Chief Aquifer Protection Section Enclosures cc (w/o enclosures): Harnett County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files - 430007 Premium Standard Farms Of North Carolina Inc Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwaterquality.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Teiephone: fax 1: Fax 2: Customer Service: l hCaro ina (919) 1aturaxly (919)715-0588 (919)715-6048 (877)623-6748 02/16/2001 06:48 919-733-6059 Steve Lewis Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 ext. 539 (919) 733-0059 (fax) NON -DISCHARGE COMP PAGE 01/03 A M ILI } NCDEMR,-,,, NoR'rH CAROLINA DEPARTMENT of «.» ENVIRONMENT ANo NxuRAL RirsouRCEs To: Ken Averitte From: Steve Lewis Faxs Pages: 2 Phone: Date: 02/16/01 Re: Dogwood Farms CC: 0 Urgent M For Review ❑ Please Comment ❑ Please Reply 0 Plasm Rec cis. Called in to Emergency Management last night around 14 P Thanks. Facility # 43-7. { yr, 02/16/2001 08:48 919-733-0059 NON -DISCHARGE COMP PAGE 0203 Incident in Barnett County (OTHER (SEE EVENT LOCATION)) a>hfl�lN3lP�U�68]4L�5iLUI �tve/kMlte n.rv...b�jtao�yaban��bYn�uiuurao:v uumw1w+ V NC Division of Emergency Management Emergency Report Form :. K Green Occurred: 02/15/2001 by: Jeremy Hill County: Harnett rther Event: Event Name: FNF Event: FNF Type: FNF Class: Event: ER EVENT: Animal Waste 02/15/2001 me Occurred: gency: Commercial Ity: OTHER (SEE EVENT EVENT TYPE Chemical Event: Chem. Class: N/A Chem. Mode: NIA Non-FNF Event: Complaint: me Reported: 09:51 PM Phone: 910-299-3024 EM Area: C 7 SAR went: ,r Event Description: Commercial Hog Farm owner called to report a hog waste spill of an unknown amount from barn into a nearby irrigation field. The owner advised that the spill originated from S-6 bam location 43-7. Owner and employees walked the perimeter and checked the ditches/ streams next to the farm and found no signs of any of the waste product reaching the waterways. Caller will immediately call local DENR office to report the il7eaths: Ilnluries: IMvac: dRadius: ;I Responsible Part- Point art Point0..........-.-. ............. -- ..... f Contact: RP Phone: IC Phone: Event Location: near Johnsonville, Harnett Co., NC Latitude (decimal degrees) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) = Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Block -Square -Point System: Block= Square= Point= NOTIFICATIONS Y=On Scene A=Advised _ COUNTY AGENCIES €� I.EMC:ASO: iPr D—�1LFD ; CHealth. '•. Sewer: PWRK: Other Local Agencies: STATE AGENCIES AIC: SHP/SWP: ;Env. Mgt: A Water: DRP: `CAP: _ _ _ DOT: DMV: Other State or Federal Agencies: 1 of 2 2/16/o1 8:49 AI► 02/16/2001 08:48 919-733-0059 NON—DISCHARGE COMP PAGE 03/03 Incident in Harnett County (OTHER (SEE EVENT LOCATIOND pik"I/Y5AM06K)8IZIDpIB&Live/EMReporc.N... b7334659d65852569fi001Q0988?OpenDocume Notes: 2246 . Steve Lewis Briefed (along with report from Wake Co.) EM Hours: SAR Hours: Call #: T 2of2 f' . 2/16/018,43 AN North Carolina Department of Environment and Natural Resources PIPE Division of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director February 5, 2001 Mr,Jeremy Hill Dogwood Farms P.O.Sox 49 Clinton, NC 28329 Subject: NQJice of Violation/Notice of Intent Dogwood S-6 Farm Facility No. 43-07 Permit No. AWS430007 Harnett County Dear Mr. Hill: 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 January 26, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Dogwood S-6 Farm located in Harnett County. The inspection revealed that the freeboard level of the lagoon was sixteen inches which is less than the minimum required in the General Permit for this facility. The General Permit condition II1.6.e. states: " The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following fust knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The. Division of Water Quality requests that the'following item(s) be addressed: 1. Lower the lagoon to the designed freeboard, weather permitting. 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 the Division of Water Quality is sending this to the Director for consideration of enforcement for this 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. 225 GREEN STREET — SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301.5043 PHONE (910) 486-1541 FAX (910) 486-0707 3YYLW,!'NK STATE.NC.US/F.nru/ AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED/ 10% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1.877-623-6748 1-30-01 Mr. Hill Page 2 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty at (910) 486-1541. Sin (Fely, Paul E. Rawls Water Quality Regional Supervisor Jh - cc: Sonya Avant -Compliance Group Parks Blake -Harnett Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh c NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dogwood Farms, Inc PO Box 49 Clinton, NC 28329 SUBJECT: NOTICE OF DEFICIENCY Dogwood Farms #S-6 Facility No. 43-07 Permit No. AWS430007 Harnett County Dear Sir: On January 27, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 17 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 to the required freeboard level. This information is essential in determining if the lagoon was lowered within the 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 myself at (910) 486-1541. Sincerely, f Jeffery Brown Environmental Engineer cc Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Parks Blake, Harnett County NRCS 2 0 1 .0 228 GREEN STRQBT, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 81 0.485.1541 FAX910-486,0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLEO/10% POST -CONSUMER PAPER Information contained in this database is from non agency sources and is considered unconfirmed, Farm Emergency Call Form Farm Number — Farm Name Dogwood Farms, S-6 Owner Frist Name Owner Last Name Dogwood Farms, Inc. O Reporting O Complaint Source Bryan Spell Date 11-27-2000 Time 11:55 Call Number 630 Breached O Yes ONO Freeboard Level 1 17 Depopulated O Yes O No Freeboard Level 2 Overflowed O Yes ONO Freeboard Level 3 LQ Issue O Yes O No PermisslonToPump O Yes ONO Freeboard Level 4 Inudated O Yes O No Freeboard Level 5 Flooded O Yes ONO Freeboard Level 6 Pumping Equipment O Yes ONO Comments Enle.red..by..Aeff.pry..JB raw. n............................................................................................................................................................ ............................................................................................................................................................................................................................... TA.T................................................................................................................................................................................................................... rd DOGWOOD FARMS, Inc P O BOX 49 CLINTON NC 28329-0049 .Tune 15, 2000 Attn: Robert F. Heath Division of Water Quality 225 Green St. Suite 714 Fayetteville, NC 28301 Dear Mr. Heath: Peciell"IED .IUN 2 2 2000 REOE This letter is in reference to the Notice of Deficiency that was issued to Dogwood Farms S-6 on May 27, 2000. The Notice of Deficiency makes reference to the irrigation records being kept by field rather than by pull, and it also makes reference to there being a poor stand of coastal bermudagrass in some of the spray fields. We are in the process of changing the irrigation system that we will be using at Dogwood S-6. When this system has been completely installed, we will have a system that we can keep the records correctly by effectively wetted zones or pulls. If there is anything else that I can do to assist you please feel free to contact me as soon as possible. Thank you for your assistance in this matter. Sincerely, �5&41\ .0 ?lq Bryan rSpell r}' Environmental Specialist ,err ' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 27, 2000 4 �- IRM wo- I 11,1439 KIN1,410 .1.94 XWOMIt-WIS 114 - Dogwood Farms P.O. Box 49 Clinton, NC 28329 att: Mr. Bryan Spell SUBJECT: NOTICE OF DEFICIENCY Dogwood Swine Facility S-6 Registration No. 43-7 Harnett County Dear Mr. Spell: On May 15, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Dogwood Swine Facility S-6. It was observed that the irrigation records are being maintained by field rather than by acres in the wetted area (pull) which suggest that a shortage of wetted acres exist. In addition, the Bermuda grass had a poor stand in some areas of the waste application fields. In regard to the deficiency noted during the inspection, the following actions are requested: 1. Maintain waste application records by pull on separate IRR -2 forms for each crop. Be prepared to conduct a wetted acres determination in the near future. 2. Evaluate the bermuda grass crop in all waste application field§ and work to improve the stand either through weed and harvest management or by resprigging if necessary. Please notify this office on or before June 25, 2000 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. 228 GREEN STREET, SUITE 714 / SYSTEL BLD, FAYE,TTEVILLE, NORTH CAROLINA 26301.8043 PHONE 910-486-1541 FAX 910-488.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RHCYCL.ED/10% POST -CONSUMER PAPER Mr. Bryan Spell , Page 2 ' May 27, 2000 If you have any questions concerning this matter, please call Robert Heath, at (910) 486- 1541. - Sincerely, Robert-F. Heath Environmental Specialist cc: Central Files Trent Allen - FRO DSW- Parks Blake - Harnett Co. NRCS I A .DOGWOOD FARMS, Inc P O BOX 49 CLINTON NC 28329-0049 March 30, 2000 Attn: Jeffery Brown Division of Water Quality 225 Green St. Suite 714 Fayetteville, NC 28301 Dear Mr. Brown; RecEsveD !IPR 4 2000 This letter is in response of the notice of deficiency that was given to Dogwood Farms S-6 (facility # 43-07}. The Plan of Action that was presented to NCDENR-DWQ on February 4, stated that we had 30 days to lower the lagoon level to a level that was greater than the one foot Freeboard plus a 25 year 24 hour storm (19"). The date that we reached the goal of the plan of action was March 2, 2000. I hope this information is sufficient. If there is anything else that I can do to help, please contact me as soon as possible. Thank you for your assistance in this matter. Sincerely, Bryan C. Spell Environmental Specialist GAFO TELEPHONE LOG Fayc"eville Regional OFFice _COMPLAINT REQUEST FOR INFORMAMON !� S;Z DATE/TIME .3 -,R3 If DWa CONTACT Seraw h PERSON CONTACTING THE F.RO. a G RETURN TELEPHONE NO. �} ADDRESS FARM NAME: B s 4 - FARM OWNER 612�re,..FACII-rTYNO.- COUNTY NARRATIVE: 4" leek ewe on #e- Tati 7" (7X4Ae 6s r1wel NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 25, 1999 Alpheus B. Bullock, Sr. 900 Monticello Drive Pinehurst, NC..28433 SUBJECT: - NOTICE OF VIOLATION Permit No. AWS 430007 Three B Farms - Facility No. 43 - 7 Harnett County Dear Mr. Bullock: 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 February 3, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Three B Farms swine facility. This office was informed on January 26, that the lagoon level was around 19 inches, therefore a routine inspection was performed at the site. It was observed that the lagoon contained only 17 inches of freeboard at the time of the inspection. Some of the irrigation fields contained low areas with standing storm water. The crops in these areas were poor to nonexistent. The Certified Animal Waste Management Plan states that the fields are to be sprigged in coastal bermuda with a small grain over seed for winter application. The facility failed to have an adequate, gauged marker according to the General Permit issued to this facility on July 14, 1997. General Permit condition III.2 states that "If not already installed at this facility, a waste - level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume; top of dam elevations.". The marker did not accurately reflect these levels according to representatives from Carroll's Foods which accurately determined the freeboard level of the lagoon through the use of a transit on the day of the inspection. 226 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 810-488-1841 FAX 610.486-0707 AN EQUAL OPPORTUNITY ?AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/10% POST•CONEUMER PAPER Page 3 Three B Farms February 25, 1999 Please notify this office in writing on or before March 19, 1999 at the letterhead above as to the actions taken or proposed to be taken to resolve these violations. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. m2L Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Parks Blake - Harnett Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh 7--State-of-North Carolina Department of Environment, Health and Natural Resources • Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [DaHNF;Z DIVISION OF ENVIRONMENTAL MANAGEMENT March 7, 1996 _', .'A::. .� Brad Bullock Route 3 Box 96 Mocksville, NC 27078 Subject: NOTICE OF VIOLATION Not Operating in Accordance With- Certified Waste Management Plan Three Bs Swine Farm Marks Road Harnett County Dear Mr. Bullock: This is to advise you that an inspection was conducted of your swine farm on February 7, 1996. The inspection revealed that no permanent cover crop has been established as of yet which is in clearly not in accordance with your Certified Waste Management Plan (CWMP) which is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). It has been noted that your CWMP plainly states that your farm will need 44 acres of coastal Bermuda grass on which to land apply waste and your lagoon is designed to have approximately 6 months of storage if managed properly. This plan was signed and dated April 2, 1994 which would then allow you up to 6 months to clear the land and establish a cover crop and begin spraying. Otherwise, the storage capacity of the lagoon will be exceeded and the lagoon dam integrity will subsequently be compromised. It was earlier observed that a breach in the lagoon lining allowed waste water to escape via an underground vein that discharged on to a down gradient field. However, this discharge of waste was quickly controlled by creating a small "containment pool" and the breach was later repaired. In addition, a previous inspection revealed that waste from the above mentioned lagoon was being pumped to a new lagoon for another new farm in order to charge it. This action was noted to lower the old lagoon level and thereby obtain the necessary 1 foot of freeboard and the 25 year 24 hour storm event storage capacity on the date of inspection. Therefore, it is recognized that while the new lagoon will Wachovia Bullding, Suite 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 X&OC An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 5096 recycled/10% post -consumer paper Page 2 Three B Farms February 25, 1999 The facility failed to have a copy of:the General Permit,"Certificate of Coverage, and a soil report for the crop year 1998 on the farm for review. This is required by General Permit condition I.4 which states that "a copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the.farm (stored at places such as the farm residence, office, outbuildings, etc) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good -condition and records shall be maintained in an orderly fashion. The facility was also in violation of the CAWMP. The CAWMP had been updated to.include the 100 lbs/acre of plant available nitrogen (PAN) on the small grain over seed. 'However, only an application of 50 lbs/acre of PAN could be applied between September 15 and October 30, and another additional 50 lbs/acre could be applied starting in February through March. The facility applied wastewater in January, which clearly violates the time frames defined in the CAWMP. The Division of Water Quality requests that -the following items be performed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon'as weather permits and per the CAWMP. 2. Consult'with a technical specialist or the local NRCS district for assistance in correcting the low areas in the waste application fields in order to establish a crop so that these areas can be utilized for waste application on a more routine basis. 3. Consult with a technical specialist•to modify or replace the current lagoon marker in order to accurately reflect.the low point of the lagoon dike and the maximum and minimum liquid level elevations based on the lagoon design. I I _ 4. Please provide specific actions proposed to prevent,future freeboard deficiencies at this facility, to maintain compliance with the CAWMP or the General Permit. 5. Adhere to all of the General .Permit conditions and application windows determined by the CAWMP. . 6. Provide a detailed explanation as to why the lagoons had reached such high levels. Failure to comply with the above conditions may result in the facility's. General Permit being revoked 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'$10,000 per day per violation. 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 Brad Bullock Three B Farms 545 Highland Rd Southern Pines NC 28307 Dear Mr. Bullock: ED P. H N KR April 3, 1997 RECEIVE APR 0 7 M FAYETTEVILLE REG. OFFICE SUBJECT: Notice of Violation Designation of Operator in Charge ..Three B Farms Facility Number 43--7 Harnett County You were notified by letter dated November 12, 1995, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Farm has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O, Box 29535,N�� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal FAX Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper 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 April 3, 1997 Brad Bullock Three B Farms 545 Highland Rd Southern Pines NC 28307 SUBJECT: Dear Mr. Bullock: AriaE)EEHNF;ZRECEIVED PR 0 7 1991 FAYMEVILLE REG. OFFICE Notice of Violation Designation of Operator in Charge Three B Farms Facility Number 43--7 Harnett County You were notified by Ietter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note, ,that failure to designate an Operator in Charge of your animal waste management system;.is a,violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately cerfified.,.operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the -responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Fayetteville Regional Office Facility File Enclosure .a P.O. Box 29535.N%ICAn FAX 919-733-2496 Raleigh, North Carolina 27626-0535 Equal Opportunity/Af Irmative Action Employer Telephone 919-733-7015 IMMONOWTV 5M recycles/ 10% post -consumer paper Stab- --Nor'rh Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT March 7, 1996 Brad Bullock Route 3 Box 96 Mocksville, NC 27078 Subject: NOTICE OF VIOLATION Not Operating in Accordance With Certified Waste Management Plan Three Bs Swine Farm Marks Road Harnett County Dear Mr. Bullock: This is to advise you that an inspection was conducted of your swine farm on February 7, 1996. The inspection revealed that no permanent cover crop has been established as of yet which is 11 clearly not in accordance with your Certified Waste Management Plan (CWMP) which is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(4). It has been noted that your CWMP plainly states that your farm will need 44 acres of coastal bermuda grass on which to land apply waste and your lagoon is designed to have approximately b months of storage if managed properly. This plan was signed and dated April 2, 1994 which would then allow you up to b months to clear the land and establish a cover crop and begin spraying. Otherwise, the storage capacity of the lagoon will be exceeded and the lagoon dam integrity will subsequently be compromised. It was earlier observed that a breach in the lagoon lining allowed waste water to escape via an underground vein that discharged on to a down gradient field. However, this discharge of waste was quickly controlled by creating a small "containment pool" and the breach was later repaired. In addition, a previous inspection revealed that waste from the above mentioned lagoon was being pumped to a new lagoon for another new farm in order to charge it. This action was noted to lower the old lagoon level and thereby obtain the necessary 1 foot of freeboard and the 25 year 24 hour storm event storage capacity on the date of inspection. Therefore, it is recognized that while the new lagoon will Wachovla Building, Suite 714, Fayetteville y FAX 910-486-0707 North Carolina 28301-5043 N%4 M C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Mr. Bullock, Page 2 3/7/96 provide you with a way to keep the old lagoon level in compliance, a cover crop should have been established for spraying purposes as the new lagoon will fill up with waste from the old lagoon and the waste generated by the new farm. Furthermore, it is clear that a winter cover crop has not been established as was recommended in a previous correspondence and it is again strongly suggested that one be established in the future so as to avoid potential excessively high lagoon levels in the winter months. This office is also aware that recent wet weather and the lagoon seepage has hampered efforts to establish a winter cover crop. Nevertheless, it is obvious that a permanent crop of bermuda was not established and the CWMP was not followed. Consequently, the purpose of this letter is to advise, you (1) To immediately begin' establishing a permanent crop of coastal bermuda as your CWMP states, (2) To warn you that it is a violation of North Carolina General Statutes to discharge to the surface waters of the State without a permit. The Division of Environmental Management has the authority to levy a civil penalty of not more than $10,000.00 per day per violation and failure to comply with these rules can result in civil and/or criminal penalties or the facility may be required to apply for an individual nondischarge permit. It is requested that you forward to this office, at the address on the bottom of the previous page, on or before March 25, 1996 a written statement indicating by what date you will have a cover crop established and what actions you have taken to comply with CWMp. It is strongly recommended that you contact Mr. Parks Blake at (910) 893-7584 for advice concerning this matter. It is also recommended that you contact this ofce upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM-FRO Michael Wicker, DEM-FRO THREE B FARMS, INC. 170 E. ILLINOIS AVE. SOUTHERN PINES, NC 28387 From: Mr Thad Bullock To: Mr Paul Rawls Subject: Response to Notice of Violation (Three B Farms) Dear Mr. Rawls RECEIVED MAR 18 1999 FAYETTEVILLE REG. OFFICE This letter is in response to the Notice of Violation dated on March 1, 1999, as you know we are selling the farms to Dogwood Farms, a division of Lundy's Packing Company. The sale of all swine facilities will take place on or before March 18, 1999, As per the terms of the offer to purchase agreement we entered into with Dogwood Farms, we are currently having the wetable acres determination done and will continue to work with Dogwood Farms to ensure that the farms comply with CAWMP regulations following the closing. This should take care of any faults in the current design and bring the design up to the new wetable acres standards. We have purchased an additional 10 acres of land adjacent to the upper field and are currently obtaining quotes for the timber and clearing of this tract. This tract will add 7 acres of additional spray.field to the existing plan and there are two other areas that will be clearfd to give another 3 acres of spray field. This should give us more than enough acres of spray field to handle the annual output from this farm. Carroll's Foods has already started depopulating this farm and will have the remainder of their animals of site on Marph 25, 1999, Item 1: We are currently working to lower the lagoon at this utilizing CAWMP guidelines and application windows as weather permits. Item 2: As stated above, we are currently working with representatives from Dogwood Farms, MRCS and a P.E. contracted by both parties to ensure that the farms comply with the wetable acres requirements and that the fields have adequate cover crops. Item 3: Will work with Dogwood Farms and NRCS to modify our current lagoon markers to more accurately indicate freeboard levels. Item 4: Will work with Dogwood Farms until the lagoon has the minimum of 19 inches of freeboard at which time Dogwood Farms will take over the waste management of this site. After Dogwood Farms takes over the waste management of this site we can't offer any assurances for any future deficiencies. Item 5: We are adhering to all conditions of the General Permit and application windows of the CAWMP Item 6: The lagoon levels were 2 to 3 inches below the best management marker at the end of October when we stopped applying waste to our fields, in accordance with CAWMP. Due to seasonal rains and not being able to spray until February 1, 1999, we had an increase in our lagoon level to the 17 inches you indicated in your report. THREE B FARMS, INC. 170 E. ILLINOIS AVE. SOUTHERN PINES, NC 28387 As you can see, we are taking aggressive action to resolve these violation and to ensure to the best of our ability, for as long as we own the farm, that everything will be done in compliance with our General Permit and CAWMP.. I sincerely hope this letter will help you in this matter. If there is anything else I can dp to assist you in this matter, please don't hesitate to call. Sincerely, Thad Bullock VPI Owner Three B Farms, Inc. S MurphpBrown. MBE LNM October 15, 2010 ATTN: Tony W. Honeycutt NCDENR Division of Water Quality Aquifer Protection Section 225 Green St., Suite 714 Fayetteville, NC 28301 Subject: Notice of Deficiency Farm S6, Buffalo Ridge, Facility #43-7 AWS430007 Harnett County NOD-2010-PC=1064 Dear Mr. Honeycutt, 785 Hwy. 24150 Warsaw, NC 28398 +4 RECEIVED OCT 19 2010 DENR-FAYETTEVI LLEREGlONAi OFFICE This letter is being sent in response to a Notice of Deficiency letter issued by your office on the above mentioned facility managed by Murphy Brown, LLC. As noted in an e-mail, the lagoon level was self reported on February 10, 2010 as being out of compliance and a 30 day Plan of Action was submitted to your office. The lagoon 67061 (S6 Sow Farm) was pumped down to the lowest level of 49" on August 21, 2010, which was 4" below stop pump. From August 21" until the lagoon was reported out of compliance on February 10th, our rainfall total was 29.9". This facility was impacted by chronic rainfall which saturated application fields. These conditions did not allow us to land apply in accordance with permit conditions for an extended period of time. Instead of land applying in a manner that would have possibly caused there to be ponding or runoff, we stored the excess rainfall in our lagoon system. As soon as the weather and field conditions allowed, land irrigation resumed. This facility's freeboard was back in compliance on 2/19/2010, only being out of compliance for a total of 10 days and reported in E-mail format to DWQ on 31812010. As of today, October 15, 2010, current lagoon level of 67061 is 46", which is .4" below stop pump. If you have any questions regarding this matter, please do not hesitate to call me at (910) 217-1836 or email me at mikecudd@murchvbrownllc.com. Sincerely, Mike Cudd Environmental Resource Specialist Murphy Brown East Freeboard Precipitation Report Date 10/18/2010 08/03/2009 to 10/1812010 Region Eastern Region Division 5010106 Complex Facility Facility Name Lagoon InspectionDate Lagoon Level Precipitation 501010061 43-007 67061, 60803 67061 08/03/2009 - 1.00 501010061 43-007 67061, 60803 67061 08/06/2009 - 1.40 501010061 43-007 6706t,60903 67061 08/07/2009 48.00 0.00 501010061 43-007 67061,60803 67061 08/14/2009 46.00 2.35 501010061 43-007 67061, 60803 6706f 08/15/2009 - 0.90 ' 501010061 43-007 67061, 60803 67061 08/20/2009 - I 0.40 501010061 43-007 67061,60803 67061 08/21/2009 49.00 r� 0.00 501610061 43-007 67661, 60803 67061 08/28/2009 48.00 1.00 501010061 43-007 67061, 60803 67061 08/29/2009 - 0.50 501010061 43-007 67061, 60803 67061 08/31/2009 - 0.50 501010061 43-007 67061, 60803 67061 09/04/2009 47.00 0.00 501010061 43-007 67061j60803 67061 09/08/2009 - 0.30 501010061 43-007 67061, 60803 67061 09/11/2009 47.00 0.00 501010061 43-007 67061, 60803 67061 09/17/2009 - 0.50 501010061 43-007 67061, 60803 67061 09/18/2009 47.00 0.00 501010061 43-007 67061, 60803 67061 09/23/2009 - 0.65 501010061 43-007 67061, 60803 67061 09/25/2009 45.00 0_.35 f 501010061 43-007 67061, 60803 67061 09/28/2009 - 1.00 501010061 43-007 67061, 60803 67061 10/02/2009 44.00 0.00 501010061 43-007 67061,60803 67061 10/05/2009 - 0.50 501010061 43-007 67061,60803 67061 10/09/2009 43.00 0.00 501010061 43-007 67061, 60803 67061 10/13/2009 - 0.75 501010061 43-007 67061,60803 67061 10/16/2009 42.00 0.50 501010061 43-007 67061, 60803 67061 10/23/2009 42.00 0.00 501010061 43-007 67061, 60803 67061 10/28/2009 - 0.65 501010061 43-007 67061, 60803 67061 10/30/2009 42.00 0.00 501010061 43-007 67061, 60803 67061 11/06/2009 41.00 0.00 501010061 43-007 67061, 60803 67061 11/1 1 /2009 - 3.80 501610061 43-007 67061, 60803 67061 11/12/2009 - 0.90 501010061 43-007 67061,60803 67061 11/13/2009 38.00 0.40 501016061 43-007 67061, 60803 67061 11119/2009 - 0.35 501010061 43-007 67061, 60803 67061 11/20/2009 38.00 0.00 501010061 43-007 67061, 60803 67061 11/23/2009 - 1.00 501010661 43-007 67061, 60803 67061 11/27/2009 38.00 0.00 501010061 43-007 67061, 60803 67061 12/01/2009 - 0.35 501010061 43-007 67061,60803 67061 12/03/2009 - 1.50 501010061 43-007 67061, 60803 67061 12/04/2009 35.00 0.00 501010061 43-007 67061, 60803 67061 12/09/2009 - 1.45 501010061 43-007 67061, 60803 67061 12/10/2009 - 1.65 501010061 43-007 67061, 60803 67061 12/11/2009 31.00 0.00 501010061 43-007 67061, 60803 67061 12/14/2009 - 0.50 501010061 43-007 67061, 60803 67061 12/18/2009 30.00 0.00 501010061 43-007 67061, 60803 67061 12/19/2009 - 0.85 501010061 43-007 67061,60803 67061 12/25/2009 30.00 1.00 501010061 43-007 67061,60803 67061 12/31/2009 28.00 0.50 501010061 43-007 67061,60803 67061 01/08/2010 27.00 0.20 501010061 43-007 67061,60803 67061 01/15/2010 29.00 0.00 501010061 43-007 67061, 60803 67061 01/18/2010 -1.5O 501010061 43-007 67061, 60803 67061 01/22/2010 26.00 2.00 501010061 43-007 67061, 60803 67061 01/25/2010 - 1.35 501010061 43-007 67061, 60803 67061 01/29/2010 25.00 0.00 501010061 43-007 67061, 60803 67061 02/01/2010 - 0.50 501010061 43-007 67061, 60803 67061 02/05/2016 23.00 0.55 501010061 43-007 67061, 60803 67061 02/08/2010 1.60 501010061 43-007 67061, 60803 67061 02/09/2010 21.00 0.00 501010061 43-007 67061, 60803 67061 02/16/2010 w��"�l 20.00--d 0.75 Page 4 of 6 Freeboard Precipitation Report Date 10/18/2010 08/03/2009 to 10/18/2010 Region Eastern Region Division 5010106 Complex Facility Facility Name Lagoon InspectionDate Lagoon bevel Precipitation 501010061 43-007 67061, 60803 67061 02/12/2010 20.00 0.00 501010061 43-007 67061, 60803 67061 02/13/2010 20.00 0.15 501010061 43-007 6706t,60803 67061 02/16/2010 - 0.10 561010061 43-007 6706t,60803 67061 02/19/2010 23.00,- 1 0.00 501010061 43-007 67061, 60803 67061 02/21/2010 24.00 0.00 501010061 43-007 67061, 60803 67061 02/23/2010 - 0.70 501010061 43-007 67061,60803 67061 02/25/2010 23.00 0.25 501010061 43-007 67061,60803 67061 02/26/2010 23.00 0.00 501010061 43-007 67061,60803 67061 02/28/2010 23.00 0.00 501010061 43-007 67061, 60803 67061 03/01/2010 23.00 0.00 501010061 43-007 67061,60803 67061 03/03/2016 23.00 0.50 501010061 43-007 67061, 66803 67061 03/05/2010 23.06 0.00 501010061 43-007 67061, 60803 67061 03/07/2010 25.00 0.00 501010061 43-007 67061,60803 67061 03/10/2010 27.00 0.00 501010061 43-007 67061, 60803 67061 03/12/2010 27.00 0.40 501010061 43-007 67061,60803 67061 03/15/2010 - 0.60 501010061 43-007 67061, 60803 67061 03/19/2010 28.00 0.00 501010061 43-007 67061,60803 67061 03/23/2010 - 0.45 501010061 43-007 67061, 60803 67061 03/26/2010 27.00 0.15 501010061 43-007 67061, 60803 67061 03/27/2010 - 0.10 501010061 43-007 67061, 60803 67061 03/30/2010 - 1.10 501010061 43-007 67061, 60803 67061 04/03/2010 29.00 0.00 501010061 43-007 67061, 60803 67061 04/09/2010 31.00 1.10 501010061 43-007 67061,60803 67061 04/16/2010 35.00 0.00 501010061 43-007 67061, 60803 67061 04/21/2010 - 0.20 501010061 43-007 67061, 60803 67061 04/23/2010 35.00 0.00 501010061 43-007 67061, 60803 67061 04/26/2010 - 0.20 501010061 43-007 67061,60803 67061 04/30/2010 35.00 0.00 501010061 43-007 67061,60803 67061 05/07/2010 35.00 0.00 501010061 43-007 67061,60803 67061 65/15/2010 36.00 0.00 501010061 43-007 67061,60803 67061 05/17/2010 - 1.60 501010061 43-007 67061, 60803 67061 05/18/2010 - 0.80 501010061 43-007 67061,60803 67061 05/21/2010 38.00 0.00 501010061 43-007 67061, 60803 67061 05/24/2010 - 0.80 501010061 43-007 67061, 60803 67061 05/25/2010 - 0.50 501010061 43-007 67061,60803 67061 05/28/2010 38.00 0.00 501010061 43-007 67061, 60803 67061 06/01/2010 - 2.10 501010061 43-007 67061,60803 67061 06/04/2010 35.00 0.70 501010061 43-007 67061,60803 67061 06/11/2010 40.00 0.50 501010061 43-007 67061, 60803 67061 06/15/2010 - 0.30 501010061 43-007 67061, 60803 67061 06/16/2010 - 0.50 501010061 43-007 67061, 60803 67061 06/17/2010 - 0.50 501010061 43-007 67061, 60803 67061 06/18/2010 43.00 0.00 501010061 43-007 67061,60803 67061 06/23/2010 - 0.50 501010061 43-007 67061,60803 67061 06/25/2010 48.00 0.00 501010661 43-007 67061, 60803 67061 06/28/2010 - 1.85 501010061 43-007 67061, 60803 67061 06/36/2016 - 1.26 501010061 43-007 67061, 60803 67061 07/01/2010 - 6.00 501010061 43-007 67061, 66803 67061 07/02/2010 46.00 0.00 501010061 43-007 67061, 60803 67061 07/09/2010 46.06 0.50 501010061 43-007 67061,60803 67061 07/13/2010 - 1.00 501010061 43-007 67061,60803 67061 07/16/2010 45.00 0.50 501010061 43-007 67061, 60803 67061 07/19/2010 - 1.10 501010061 43-007 67061,60803 67061 07/23/2016 44.00 0.00 501010061 43-007 67061, 60803 67061 07/28/2010 - 1.20 501010061 43-007 67061, 60803 67061 07/30/2010 43.00 0.00 Page 5 of 6 Freeboard Precipitation Report Date 10/18/2010 08/03/2009 to 10/18/2010 Region Eastern !legion Division 5010106 Complex Facility Facility Name lagoon InspectionDate Lagoon Level Precipitation 501010061= " .. 67061; 60803 `67061 '.' 08/02/20 TO �`,'.` 070 `-. 501010061 ,43=007 43-007 67061, 60803 67061 08/06/2010 e,. ,: 44.00 1.00 501010061 43-007 ; :: 67061, 60803 67061 48/13/2010.; . „ .. 43:00 , ' ° ', 0:00.. 501010061 43-007 67061, 60803 67061 08/19/2010 - 0.70 501010061 43-007 67061, 60803 �,. . `. 67061 '.., ` 08/20/20!'0 ' '42 00 ti . 0:50 `. .. . 501010061 43-007 67061, 60803 67061 08/23/2010 - 1.00 501010061 43-007, 67061,60803 67061' ` :'`08/2472010 - 0,50 .: 501010061 43-007 67061, 60803 67061 08/27/2010 43.00 0.00 501010061 43-007. , _. 67061, 60803<�., .67061 09/02/2010. ,4 . 42:00" :'-, -0.00: 501010061 43-007 67061, 60803 67061 09/03/2010 43.00 0.00 501010061 43-007 6,7061, 60803 _ ; 67061.. 09/10/2010 40"00 ' 0,00., 501010061 43-007 67061, 60803 67061 09/17/2010 42.00 0.00 50101'0061 `, 43-007 67061 60803°..::": 67061 ,' `.,.f.,, '` 0 912412 0 1 0 , .,; X48'00a,. + '0:00 ,i. 5010I0061 43-007 67061, 60803 67061 09/27/2010 44.00 4.00 5010.10061, 43-007.: „ 67061, 66803 ' 67061 ... = ` 09/28/2010.' � 0.:80 501010061 43-007 67061, 60803 67061 09/29/2010 43.00 0.00 5010 l 0061 43=007 ' . '6706 1; 60803 67,061 i r , _,,09/3012414. ,40:00 2.80 501010061 43-007 67061, 60803 67061 10/01/2010 40.00 0.00 r 501010061 , 43=007 67061,60.$03: _ _ :67061' „. „,� � " ;1 010 812 0 1 0 ' . '43:00 �` ire, '-.0.00r`- 501010061 43-007 67061, 60803 67461 10/15/2010 46.00- 0.50 67061 Total 76.60 Page 6 of 6 Page 1 of 1 Mike Cudd From: Mike Cudd Sent: Wednesday, February 10, 2010 2:20 PM To: ricky.revels@ncdenr.gov Cc: David Nordin; Toni King; TONYA CAVENAUGH Subject: Lagoon Freeboard out of Compliance 2-10-10 This lagoon went out of compliance 2-10-10: S6, Buffalo Ridge Facility 43-007 Permit# AWS430007 1)S6,67061 start pump 20.4", current freeboard reading 20" Mike Cudd 910-217-1836 cell 910-276-0648 (463) 10/18/2010 Page 1 of 1 Mike Cudd From: Mike Cudd Sent: Monday, March 08, 201011:31 AM To: ricky.revels@ncdenr.gov Cc: David Nordin; Toni King Subject: Lagoon freeboard back in compliance Foxridge Farm Lagoon 74401ITW current freeboard is 27" Facility 04-30 Permit # AWSO40030 start pump 21" Back in compliance 76881 lagoon current freeboard 30" Facility 83-022 Permit # AWS830022 start pump 20.4" Back in compliance S6 lagoon current freeboard 25" Facility 43-007 Permit # AWS430007 start pump 20.4" Back in compliance Thanks Mike Cudd LNM Specialist Murphy -Brown LLC 910-217-1836 (Cell) 910-276-0648 (463), 910-276-2590 (Fax) 10/18/2010 search Incident Details! Incident Det 11.2 Freeboard Levels Events Page 1 of 2 Related Incidents * Incident Type:tion-Compliance 1�eportog Incident Number : 201 * Category: "APS - Anirnatl *Started Date/Time : l 02/10/2010 02:20 m - - ............ ............. ...... ....... ........ ..... ... ..... ...... .._.... . * Coun : t isrnett _ Farm #:1430 �' Il ett - Decimal DD:MM:SS Latitude: Position Accuracy: Longitude: Position Method Position Dp tum: I.Aelect Value Reporting Person : I...........I Anonymous l v Y (� First Name: --�i Address - - .°1 Middle Name : _ — Last Name : Cudd City State/Zip : r Phone : (910)217-1836 Cell/Pager: S6, Buffal o R Location of the Incident : . _ ._ _ _._ _ �_ __.__ ..._ ._..._.__.. ... .... ..... ...............-..._. - _.. __ ........- ....._--- .. * idge Address: City/State/Zip: Cameron Cause/Observation of the incident: Directions : Action Taken : Comments/Findings : . tfi Water Supply Wells within 1500ft : 0 Surface Water Impacted : Cf Yes C No @) Unknown Groundwater Impacted Waterbody : ---Select Value--- Waterbody (Other) : - - - - Conveyance Report Received By : �' Revels, Ricky . -_..,. RO Contact: `'Rei Phone : (910)433-3300 72Q - Phone : {914 Date/Time :102r10/201,0 . __ .02 .i..02:20-_ pm ; Date/Time f - http://bims.enr.state.nc.us:7001/selectOneIncident.do?id=3M05FMYGOOXAHDX49P2YR... 9/30/2010 search Referred Via : , email Y^ # Specific Causes U Severe Natural Condition U Vandalism Page 2 of 2 Referred Via : ---� }�. Pump Station Equipment Failure !.._ Finish Cancel http://bims.enr.state.nc.us:7001/selectOneIncident.do?id=3M0SFMYGOOXAHDX49P2YR... 9/30/2010 search Incident Detailsl Incident Dctails2 Freeboard Levels Incident Type : Non -Compliance Reporting Incident Number: 201000819 Datc/Time : 02/10/2010 02:20 pm Farm #: 430007 County: Harnett City: Cameron Responsible Party: Events Page 1 of I Incident Owner: Find Owner "ear Permit �'AWS430007 'Find Permit [Clear] Facility i 1 Find Facility_[C "ear First NameAddress ... ......... ... .. ... . ......... Middle Name: ... . ... ........ .. ... . . ....... .. . .............. . . ..... ....................... . ..... .. .. . Last Name City: 1 Company Name: if State/Zip I Phone:! Cell/Pager [Clear Responsible Part Onsite Contact First Name: Middle Name: . . ...... . .......... Last Name: ..................... . . .......... . ..... Contact Agency Report Entered By _Revels, Rid Phone :,�! Phone Cell/Pager Date/Time [02/11/2010 Fish Kill : C.) Yes (,-.,No 00 Unknown Estimated Fish Kill: Containment: 0 Yes 0 No (P-) Unknown Cleanup complete: 0 Yes 0 Storage tank: OA ST OUST Written Report Requested: Well Contractor Cert#: ---Select Va Information Requested Closed Date: F f Fj7n-i s 17, L ---------- Cancel --- http://bims.enr. state,nc.us: 7001 /maintain Incident 1. do 9/30/2010 Agencies Page 1 of I Incident Incident Freeboard Levels Evelits Related Incidents Action I-listoi-y Detalisl Details2 Incident Type : Non -Compliance Reporting Incident Number: 201000819 Date/Time : 02/10/2010 02:20 pin Farm #:430007 County : Harnett City: Cameron Freeboard Levels (t Waste Structure Wwstc Structure Freeboard Man Due Plan Date/Time Delete Type Identifier (inches) Date/Time Received Freeboard Date/Time Level OK . .... . . ... .. . . .. . .. .... . ...... .... ....... Ligqqn 1,96. 67061 [—Add F—De-1 e—t e - finish. Cancel tic cc-) http://bims.enr.state.nc,us:700I/maintainlncident2.do 9/30/2010 v j � o��� warE9pc Q `C Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Fnvironment and Natural Itesources AQUIFER PROTECTION SECTION October 7, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mike Cudd P.O. Box 856 Warsaw, North Carolina 28398 Subject: NOTICE OF DEFICIENCY S-6 and Buffalo Ridge Farm Facility No, 43-7 Permit No. AWS430007 Harnett County NOD — 2010 -PC -1064 Dear Mr. Cudd: Colleen 1.1. Sullins, Director Division of Water Quality 0d '� lcl �nt� On February 10, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Mike Cudd of a high freeboard level in one or more of the facilities lagoons. 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 .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG 100000 as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000, On February 10, 2010, a lagoon/storage pond level was documented at 20 inches of freeboard. A level of 20 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follow the proposed actions outlined in your flan of Action (POA) submitted to the Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (2) of your permit. Mailing Address Phone (919) 807-6300 LocationNqn thCarolina J13 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury SI. atumlly Raleigh, NC 27699-1617 Raleigh, IVC 27604 Internet: wwwmewatcruuality.ore Customer Service 1-877-623-6748 An Equal OpporlunitylAffirmative Action Employer — 50% Recycledll0% Post Consumer Paper Page 2 Mr. Mike Cudd October 7, 2010 If you have. not already done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact me at (910) 433- 3300 Sincerely, 7 ony W. Honey Environmental pecialist Fayetteville Regional Office. cc: Keith Larick/APS CAFO Unit ER -Animal -Fifes NCDS WC -FRO