430024_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DlvlsioN OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 20, 2000
Joseph Ferrell
125 Dixon Road
Coats, NC 27521
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 430024
Ferrell Farms
Facility No. 43 - 24
Harnett County
Dear Mr. Ferrell:
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 1, 2000, you or staff from your farm notified the Fayetteville Regional
Office of the Division of Water Quality, as required by General Permit condition III.6.e,
that the freeboard level of the lagoon was less than the minimum required by the General
Permit. The liquid level of both lagoons were reported as 11 inches, which is less than the
minimum required for structural stability (less than 12 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 Ievel for lagoons/storage
ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-
hour storm event plus an additional 1 foot of structural freeboard.".
The Division of Water Quality requests that the following items be addressed:
1. If not already accomplished, lower the lagoon level to the required freeboard as
specified in your Certified Animal Waste Management Plan (CAWMP) and/or your
Permit in a manner that is consistent with your CAWMP and your Permit.
2. Please provide specific actions proposed to prevent future freeboard violations at this
facility, which are not in compliance with the CAWMP or the General Permit.
Fl��T
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225 GREEN STREET, SUITE 714 / SYSTEL BLD. F'AYETTEVILLE, NORTH CAROLINA 28341-5043
PHONE [phone] FA% n1 O-486.0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% ReCYCLED/10% POST -CONSUMER PAPER

Page 2
Ferrell Farms
March 20, 2000
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.
You are hereby notified that based on the above information the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for these
violations. 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 these violations that you wish to present to this office please forward
a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed
with recommendations for enforcement. This response should be received by this office on or before March
30, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office and the DWQ Central Office will be reviewed and if enforcement
is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package
for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery
Brown, Environmental Engineer or myself at (910) 4V=}�41.
kUK
Raul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Parks Blake - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Steve Lewis - Compliance Group
Glenn Clifton - Prestage Farms, Inc.

A
4!t41 f
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANE) NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 20, 1998
CERTIFIED,IL.
RETURN RECEIPT REQUESTED
Mr. Joseph Ferrell
Route 2 Box 495
Coats, NC 27521
Subject
Dear Mr. Ferrell:
Notice of Violation
Administrative Code 15A NCAC 2H.0217
Ferrell Farms Swine Farm
Facility No. 43 - 24
Harnett County
You are hereby notified that, having been deemed 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 April 15, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted a routine inspection of your swine farm
located off SR 1559 in Harnett County. It was observed that both of the
facility's waste lagoons were in the emergency storage level (both were at 8").
There was some erosion noted between one of the buildings and the back
lagoon. There also was an erosion problem observed in one of the spray fields.
A seepage problem was noted around the discharge pipe leaving the building
going through the dike of lagoon two. It was noted that irrigation records were
not being kept for each pull listed for a field, but by the entire field as one unit.
A spray field that was being used was not listed as an application site in the
certified animal waste management plan (CAWMP).
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAR 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

ilk
Page 2
Mr. Joseph Ferrell
April 20, 1998
The Division of Water Quality requests that the following items be addressed:
1. Lower the lagoon levels to the required freeboard on a suitable waste application field as soon as
weather permits.
2. Consult with a technical specialist for assistance in correcting the erosion problem between the
buildings and the back lagoon. Also consult with technical specialist in correcting the erosion noted
in the spray field.
3. Contact a technical specialist immediately for assistance in correcting the seepage problem around
the discharge pipe through the lagoon dike.
4. Consult with a technical specialist for assistance in regard to calculating the number of acres in
each pull for each one of the spray fields so that accurate IRR -1 and IRR -2 forms can be maintained.
5. Consult with a technical specialist in regard to updating CAWMP to include additional acreage
for irrigation.
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 $10,000.00 per day per
violation.
Please provide a written response to this office on or before May 20, 1998, regarding corrective
actions taken or planned. if you have any questions concerning this matter, please do not hesitate
to contact either myself or Mr. Jeffery Brown, Environmental Engineer, at [phone].
Sincerely,
-k Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Parks Blake - Harnett Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Prestage Farms

O�OF WA '11��9QG
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joseph Ferrell
195 Dixon Road
Coats NC 27521
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Ferrell Farms
#43-24
Harnett County
Dear Sir or Madam:
P 'h a
I
s APR 2 3 2003.
On March 7, 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 September 26, 2000. 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 feeboafd; 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
.
WNW
Customer Service. Mailing Address, Telephone [phone] Location.
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled 110% post -consumer paper
httpJ1h2o. enr state.nc.us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

QF 1NA7F Michael F. Easley, Govemor
RQ6 William G. Ross Jr., secretary
y North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
p Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joseph Ferrell
195 Dixon Road
Coats, NC 27521
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Ferrell Farms
Facility Number 43-24
Harnett County
Dear Mr. Ferrell:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division'of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
i
IVE-b MR
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 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
hitp:/th2o. en r. 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.
Sincerely,
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 43-24
Non -Discharge Compliance and Enforcement Unit
Central Files

July 11, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joseph Ferrell
195 Dixon Rd.
Coats, NC 27521
Re: Notice of Deficiency
High Freeboard
Ferrell Farms Inc.
AW S430024
Harnett County
Dear Mr. Ferrell:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmem of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On 21912007, you or an employee of your farm notified the Fayetteville Regional Office
Division of Water Quality, as required by the Swine Waste Management General Permit
AWG200000 Section III 13(c), that the freeboard level of the lagoon was 15.0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's 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 an additional one (1) foot of
structural freeboard." .
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action.
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
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% Recycledl10% Post Consumer Paper
No ` Carolina
Telephone: [phone]
Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

July 11, 2007
Page 2
Ferrell
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met.
The Division of Water Quality has the authority to levy a civil penalty of up to $25,000
per day per violation. Please be advised that nothing in this letter should be taken as removing
from you the responsibility or liability for failure to comply with any State Rule, State Statue or
permitting requirement.
If you have any questions regarding this letter, please do not hesitate to call Joan Schneier
at the Fayetteville Regional Office at [phone]. State email addresses typically are in the
format [e-mail]. POAs can be found under 'Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.nc.uslaps/afou/afou_home.him
Sincerely,
Art Barnhardt
Regional Supervisor
cc: Facility File -- 43-024
APS Central Files
Prestage Farms, Inc.