430020_ENFORCEMENT_20171231

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. 71
fir'' �.;,�,e . ����rt•.
JAMES 13. HUNT JR }r,'�'^'s-'•f
�.-
'r NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER OUALITY
April 27. 1998
CERTIFIED MAEL
RETURN RECEIPT REQUESIED
Keith Thomas
Rt. 3 Box 1085
Lillington, NC 27546
SUBJECT: NOTICE OF DEFICIENCY
Keith Thomas Bros. Inc
Registration No. 43 - 20
Harnett County
Dear Mr. Thomas-.
On April 22, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Keith Thomas Bros. Inc swine facility. It was
observed that the inside and back slopes of the lagoon dikes contained high weeds
and emerging trees. The grass between and around the buildings was also high.
The facility failed to have a recent waste analysis report and a copy of the
certification papers with the certified animal waste management plan (CAWMP)_
It was also noted that a field in which wastewater had been applied was not fisted
as a spray field in the CAWMP.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Mow the inside and back slopes of the lagoon to prevent rodents from causing
any type of structural damage to the lagoon dikes. Also mow the areas between
and around the buildings_
2. Collect and send off a waste sample in order to obtain a waste analysis report
for maintaining irrigation records.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]'
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPP

Page 2
Keith Thomas
April 27, 1998
3. Contact the technical specialist so that a copy of the certification papers can be obtained and kept
with certified animal waste management plan.
4. Consult with a technical specialist in order to update CAWMP to include field not already in plan.
Please notify this office on or before May 22, 1998 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. If you have any questions concerning this matter, please call Jeffery Brown, at {910}
486-1541.
Sincerely,
/jf4�r Ae%�
Jeffery Brown
Environmental Engineer
cc- Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Parks Blake - Harnett Co. MRCS

North Carolina
Department of Environment and Natural Resources
1 � •
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
July 3, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Keith Thomas
124 Mallard Cove
Vass, NC 28394
Subject: Notice Of Violation
Keith Thomas Bros., Inc. Farm
Facility No. 43-20 Permit No. AWS 430020
Harnett County
Dear Mr. Thomas:
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 June 8,2001; staff from the Fayetteville Regional Office of the Division of Water Quality
performed a routine inspection,of the Keith Thomas Bros., Inc. Farm in Harnett County. The inspection
revealed that the PAN rate for fescue had been exceeded by 34 pounds per the CAWMP for this facility.
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:
Follow the PAN rates for receiving crops as specified in your Certified Animal Waste Management
Pian.
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 S 10,000.00 per day per violation.
225 GREEN STREET -- SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone] WWW.LNR.STATE,NC.LJS/ENRI
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POSTCONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Thomas
7-3-01
Page 2
Please provide this office with a written response on or before July 17, 2001 as to the actions taken
or proposed to be taken to avoid this situation in the future. If you have any questions concerning this
matter, please do not hesitate to contact either myself or Mr. Paul Sherman, Environmental Engineer, at
(910)'486.-1541.
PR/mps
cc:-.- Sonya Avant -Compliance Group
Parks Blake -Harnett Co. NRCS
Trent Allen-DSWC Fayetteville Office
Glenn Clifton-Prestage Farms
Central Files -Raleigh
Sincerely
P�ul E. Rawls
Regional Water Quality Supervisor

_
1 Divisjoh Of Water 6alit s £ _ �
+. ri i T �� �v.tq Y� YY.-✓ a"r ';� �- 4 QQ� �'
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OtherPi gency
Type of Visit O+ Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit © Routine Q Complaint O Follow up O Emergency Notification Q Other ❑ Denied Access
Faciliti• Number 43 20 Date of %'isit: 6/8!2041 Time. 8:00 Printed on: 6/26/2001
0 Not Operational 0 Below Threshold
® Permitted ® Certified (3 Conditionally Certified ❑ Registered Date Last Operated or Above Threshold :.........................
Farm Name: Kd01Jh0.Ma5XrQ.$JaC ........................................................... .............. - County: Haxzt.tk............................................. E80..........
.
OwnerName: KCjj(la....................................... ThuaaS..........-.................................-.....-.... Phone 1o: 89.3:z.8aR...--.......................-.....-...-............ ......-....
•failing Address: 1..4. ►.tilf,�X-d.C-9.:1<...................... 55..`'.........-..-.......................................-:...-......... Z$.394.-..-........-
Facility Contact: KdAJx.:CIt1t1M45................. ...Fitle: .............. PhoneNo: ............. ......................................
Onsite Representative: JKeA1.h..T.hQ1RlA5 .................................................................... Integrator: j'rlw5ta,0CXarM5.............-...........--.-......-.....-...........
Certified Operator:Ktextb................ ....................... �btQtt>aS---•--..-...-............................... Operator Certification Number:1.7.656 .........................
....
Location of Farm:
Hwy. 421 north from Clinton to Lillington. turn right on SR 1302, stay on 1302 until you go thru gate and see farm. A,
® Swin6 ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 25 4 F71 Longitude F78 •I 5.t F 36
Design Current
Swine Canacity Pnnulation
❑ Wean to Feeder
❑ Feeder to Finish
® Farrow to Wean 1248
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design - Current Design Current-.
Poultry Capacity PopulationCattle Capacity Population
❑ Layer I JE1 Dairy
❑ Non -Layer I I ❑ Non -Dairy
❑ Other
Total Design Capacity 1,248
Total SSLW 5405384
Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon area ❑ Spray Field Area
Holding Ponds / Solid Traps ❑ No Liquid Waste Management System
Discharges & Stream Impacts
1. Is Sny discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a- If discharge is observed. Nvas the conveyance man-niade?
b. If discharge is observed. did it reach Water of the State? (if yes, notify DWQ)
c. If dischar-e is observed, what is the estimated flow in gal/min?
d. Dees discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation'?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ................................... .......
Freeboard (inches): 21 _
05/03/01
❑ Yes N No
❑ Yes ®.No
❑ Yes 0 No
NIA
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes 0 No
Structure 6
Continued

Facility Number: 43-20
Date of Inspection 6/8/2001 Printed (un: 6/26/2001 r
5.
Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
E] Yes
®`To
11 & 19) Over -application of PAN on pull I B - 34 lb. Records show allowable PAN for this pull as 409 lb but plan allows only 150.
seepage, etc.)
(Feb thru April, 200 1)
6.
Are there structures on-site which are not properly addressed and/or managed through a waste management or
15) Continue work on bare spots in Bermuda fields and weed control. Fields were re -sprigged last year and are coming in well.
NOTE: Wettable acre determination was flab,Ped and cam les[ed last year.
closure plan?
❑ Yes
N No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DNN'Q)
7.
Do any of the structures need maintenance/improvement?
® Yes
❑ No
S.
Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
® No
9.
Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
® No
Waste Application
10.
Are there any buffers that need maintenance/improvement?
❑ Yes'
® No
11.
Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload
® Yes
❑ No
12.
Crop type Bermuda Grass Small Grain Overseed Fescue Pasture
13.
Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
® No
14.
a) Does the facility lack adequate acreage for land application'?
❑ Yes
® No
b) Does the facility need a wettable acre determination?
❑ Yes
® No
c) This facility is pended for a wettable acre determination?
❑ Yes
® No
15.
Does the receiving crop need improvement?
® Yes
❑ No
16.
is there'a lack of adequate waste application equipment?
❑ Yes
® No
lie
aired Records & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
®No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WU`P, checklists, design, maps, etc.)
❑ Yes
® No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
® Yes
❑ No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
21.
Did the facility fail to have a actively certified operator in charge`?
❑ Yes
® No
22_
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
® No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
® No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
® No
25.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
®No
© No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility W better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes
11 & 19) Over -application of PAN on pull I B - 34 lb. Records show allowable PAN for this pull as 409 lb but plan allows only 150.
(Feb thru April, 200 1)
7) Cut grass and shrubs off of laboon dikes.
15) Continue work on bare spots in Bermuda fields and weed control. Fields were re -sprigged last year and are coming in well.
NOTE: Wettable acre determination was flab,Ped and cam les[ed last year.
w
wer/Inspector Dame Paul Sherman
E
wer/Inspector Signature: Date:
05103101 Continued

[Fac-5ty Dumber: '43-20 Date of inspection 6/8/2001
Odor Issues
Printed on: 6/26/2001
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ® Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑Yes ®Na
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30Were any major maintenance problems with the ventilation fan(s) noted? (i.e_ broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover" ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ® Yes ❑ No
05/0.x/01

July 10, 2001
North Carolina Department of Environment and Natural Resources
Division of Water Quality
225 Green Street — Suite 714
Systel Building
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
Pursuant to 15A NCAC 2H _0217, I have been found to be in violation of any 2H
.0217 Permit_ A mathematical error was found in the report prepared by Paul Sherman,
Environmental Engineer. I am aware and will abide by the stature which permits that the
PAN rate for fescue not exceed 34 pounds per the CAWMP for my hog facility.
Prestage Farms will be taking over this facility effective August I, 2001, and this
error will not occur again.
I am sorry for the miscalculations that I made and apologize for any
inconvenience I have caused for this violation..
Sincerely,
Keith W. Thomas
rothers, Inc., Farm
Facility No. 43-20 "it no. AWS 430020
Haze o
Z0/Z8 mid -IVIONdNIJ S?13NIdVd
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TEBB-898-016 90:91 T00Z/0T/L0

124 Ma9ards Cove. Vass. NC. 283.94
[phone]
Fax: [phone]
f
The North Carofina Dept. Of Environment and From: Keith W. Thomas
Natural Resources
FaM [phone] Pages: 2
P- n 0. Rate: 07/1O/O1
Re: 15A NCAC 2H.0217 CC:
0 Urgent ❑ For Review ❑ Please comment O Please Reply ❑ Please Recycle
o Comments: if you have any questions, please do not hesitate to contact us at the phone number
above.
Z6/1e 39Vd-NIaNVNId SH3N1-dtid 1686-898-916 58=91
man
ss
ILMMMM

0� W A ] Michael F. Easley, Governor
`p� RpG William G. Floss Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
0 Division of Water Quality
August 22, 2003
Keith Thomas
124 Mallard Cove
Vass, NC 28394
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Keith Thomas (P-60)
43-20
Harnett County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
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 16, 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.
..I
�A
NC 1)
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
http:11h2o.enr.state.nc.us

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.
Water Quality Regional Supervisor
cc: FRO File: 43-20
Non -Discharge Compliance and Enforcement Unit
Central Files

AJLA
NCDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith W. Thomas
Keith Thomas (P-60)
PO Box 438
Clinton, NC 28329
Division of Water Qua_ Eity
Coleen H. Sullins Dee f=reeman
Director Secretary
AQUIFER PROTECTION SECTION
June 28, 2010
Subject: NOTICE OF DEFICIENCY
Dan C. Bowden Farm, Facility 443-20
AWS430020
Harnett County
NOD -2010 -PC -0694/ Incident No.201000329
Dear Mr. Thomas:
On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified
by Randy Barefoot of a high freeboard level the lagoon. We wish to thank Mr. Barefoot 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 the Swine Waste System General Permit No, AWGI 00000.
On January 26, 2010 a lagoon/storage pond level was documented at 18 inches in lagoon 1. A level of 19 inches is the
maximum level allowed by your permit and Certified Animal Waste Management Plan.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-8771-623-6748 NorthCarolina
Internet: www,h20.enr.sLate.nc.us Naturally
a tura `ly
An Equal Ooponunity S Affirmwive Adon Employer `ti�i` s/

ap
Cont. Page Two
June 2$, 2010
Keith Thomas (P-60)
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.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact Ricky Revels or me at (910)-433-3300.
Sincerely,
*t� ' /`,
G
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Harnett Countv Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Prestage Farms,INC.

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or on the front If space permits.
1. Article Addressed to:
PRESTAGE FARMS, INC.
PO BOX 438
CUNTON, NC 28329
SIgnature
C1 Agent
B. Received by (Printed711 C. Date of Delivery
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D. Is delivery addrew different from Item 17 13 Yes
If YES, enter delivery address below: 0 No
3. Service Type
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{{1J
I
Prestage Farms, Inc.
July 29, 2010
Mr. Robert Marble
Environmental Specialist
NCDENR-DWQ
Fayetteville Regional Office
Re: Notice of Deficiency for Facilities P-11 #82-511; Dan C. Bowden Farm #82-185; Thornton Swine Farm
Bldgs. 1-8 & New Farm #82-47; P-62 #43-32; P-60 #43-20; Px-10 #9-139; P-15 #9-140; Herbert G.
Bowden Farm #82-186
Dear Mr. Marble:
This letter is to inform the NCDENR-DWQ Aquifer Protection Section that all lagoon levels at the above
facilities were lowered to the required freeboard level within 30 days of POA submittal date. Lagoons
were lowered using Best Management Practices and applying effluent at agronomic rates.
Please contact me should you need additional information.
Sincerely,
Ran y Barefoot
Director, Land and Nutrient Management
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 9 PHONE [phone]