430030_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 6, 1998
Mr. Alpheus B. Bullock
Route 3, Box 205-1
Cameron, NC 28326
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Northside Swine Farm
Facility No. 43-30
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 March 5, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off SR1109 in Harnett County after identifying a discharge of
swine waste from a spray field on March 4, 1998 into surface waters of the
state namely Buffalo Creek. The inspection revealed that the lagoon level
was approximately 3 inches below the spillway, that swine waste was
ponded in several low lying areas in and adjacent to the spray fields, and that
several of the waste application fields or pulls had exceeded the plant
available nitrogen (PAN) by approximately 300 pounds. In addition, the
certified animal waste management plan (CAWMP) required 61 acres of
bermuda grass and no bermuda grass is present in the spray fields. Most of
the spray fields have been seeded with rye for winter spraying, however, the
CAWMP does not include a winter overseed. The waste application fields
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX PIO-486-0707
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Mr. Bullock
Page 2
April 6, 1998
are not listed individually in the CAWMP and the irrigation design and specifications were not
available. The lagoon banks need a suitable cover grass established on the inside slope to the
pump on level on the maker. The waste application fields have severe slopes resulting in unusable
areas for a traveling gun system and a deficit in irrigated acreage.
The Division of Water Quality requests that the following items be addressed:
The CAWN P for Northside will need to be rewritten to include the additional
waste application fields with the current irrigation system and a suitable crop established.
A winter crop (small grain) should be included in the CAWMP for both facilities to allow
for waste application during that season to maintain the required freeboard. Contact a
technical specialist for assistance.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Contact a technical specialist for assistance in the certification of the existing irrigation
system as required in the certification form. Calibrate the waste application equipment to
insure that the application rate does not exceed the infiltration rate of the soil resulting in
poriding and run -oil
4. Contact a technical specialist for assistance in revising your CAWMP to include all the
required components.
S. Establish a suitable cover grass on the inside slopes of the lagoon dikes.
6. The waste application fields currently included in the CAWNIP for Northside Farm will
need to be evaluated by a technical specialist to determine if the current irrigation system
can be utilized with the slope condition without waste runoff.
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.

Mr. Bullock
Page 2
April 6,1998
Please provide a written response to this office on or before April 30, 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. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
44qKerr'Stevens
Regional Supervisor
cc:, Sue Homewood - Compliance Group
Parks Blake - Harnett Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carrolls Foods, Inc. (Laurinburg Division)

10�
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
� 0IED
APR 14 1998
FAYET T Vil-LE
REC, C 7.10E
DIVISION OF WATER QUALITY
April 6, 1998
Mr. Alpheus B. Bullock
Route 3, Box 205-I
Cameron, NC 28326
Subject: Notice of Violation
Administrative Code 15A NCAC 214 .0217
Northside Swine Farm
Facility No. 43-30
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 March 5, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of your swine
farm located off SR1109 in Harnett County after identifying a discharge of
swine waste from a spray field on March 4, 1998 into surface waters of the
state namely Buffalo Creek. The inspection revealed that the lagoon level
was approximately 3 inches below the spillway, that swine waste was
ponded in several low lying areas in and adjacent to the spray fields, and that
several of the waste application fields or pulls had exceeded the plant
available nitrogen (PAN) by approximately 300 pounds. In addition, the
certified animal waste management plan (CAWMP) required 61 acres of
bermuda grass and no bermuda grass is present in the spray fields. Most of
the spray fields have been seeded with rye for winter spraying, however; the
CAWMP does not include a winter overseed. The waste application fields
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 91O-4a6.1841 FAX RIO-486.0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POBT-CONSUMER PAPER

'1
Mr. Bullock
Page 2
April 6, 1998
are not listed individually in the CAWMP and the irrigation design and specifications were not
available. The lagoon banks need a suitable cover grass established on the inside slope to the
pump on level on the maker. The waste application fields have severe slopes resulting in unusable
areas for a traveling gun system and a deficit in irrigated acreage.
The Division of Water Quality requests that the following items be addressed:
The CAWMP for Northside will need to be rewritten to include the additional
waste application fields with the current irrigation system and a suitable crop established.
A winter crop (small grain) should be included in the CAWMP for both facilities to allow
for waste application during that season to maintain the required freeboard. Contact a
technical specialist for assistance.
2. Lower the lagoon level to the required freeboard on a suitable waste application field as
soon as weather permits.
3. Contact a technical specialist for assistance in the certification of the existing irrigation
system as required in the certification form. Calibrate the waste application equipment to
insure that the application rate does not exceed the infiltration rate of the soil resulting in
ponding and run-off.
4. Contact a technical specialist for assistance in revising your CAWMP to include all the
required components.
S. Establish a suitable cover grass on the inside slopes of the lagoon dikes.
6. The waste application fields currently included in the CAWMP for Northside Farm will
need to be evaluated by a technical specialist to determine if the current irrigation system
can be utilized with the slope condition without waste runoff.
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.

Mr. Bullock
Page 2
April 6,1998
Please provide a written response to this office on or before April 30, 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. Robert Heath, Environmental Specialist, at (910)
486-1541.
Sincerely,
,'Or Kerr 'Stevens
Regional Supervisor
cc:- Sue Homewood - Compliance Group
Parks Blake - Harnett Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Carrolls Foods, Inc. (Laurinburg Division)

InV
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
SC .DAMES B. HUNTA1
: GOVERNOR ?..' .
March 1,.1999
Alpheus B. Bullock, Sr.
900 Monticello Drive
Pinehurst, NC 28433
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 430030
Northside Farm
Facility No. 43 - 30
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 1 SA 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 Northside Farm 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 20 inches of freeboard at the time of the inspection. A review of the
irrigation fields revealed waste ponded in several locations. Waste was ponded
along the terraces which were installed with the assistance of the local NRCS
district. Waste was also ponded in the back section of the spray field and along the
field borders. The facility was not utilizing the required land as specified in the
certified animal waste management plan (CAWMP) for waste application. There
was a large portion of the back spray field that contained no crops and appeared to
be unsuitable for waste application at that time. There was also a smaller field in
the CAWMP that contained no crops acid did not appear to have the capabilities to
receive any waste. The facility needs to install an adequate, gauged marker
according to the General Permit issued to this facility on January 26, 1999. 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 pennanent
markings indicating the maximum liquid level at the top of the
225 GREEN STREET, SUITE 714, FAYETTEVILLE. NORTH CAROLINA 28101-604$
PHONE S 1 0-488-1 841 FAX S 10.488-0707
AN EQUAL OPPORTUNITY /APFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10%f POST -CONSUMER PAPER
zs': es ev e

Page 2
Northside Farms
March 1, 1999
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 sometime prior to the inspection.
The facility failed to have,a copy of the soil report for the crop -year 1998 on the farm for review.
Inspectors also discovered that the facility, was not disposing of dead animals properly as required
by the North Carolina Department of Agriculture (NCDA)Veterinary Division. The facility was
using burial as the disposal option. However, the animals were not being buried three feet below
the surface as required. This -problem was referred to the NCDA Veterinary Division the following
day. .
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 n
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. Consult with a technical specialist or the local NRCS ' district for assistance in correcting the
areas in the waste application fields in order to establish a cropper the CAWMP so that these areas
can be utilized for waste application. Please provide this office with a plan of action proposed by
this facility to correct these areas.
2. 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,
3. Adhere to all of the, General Permit conditions and application windows determined by the
CAWMP.
4. Please abide by all of the NCDA Veterinary Division's rules and regulations for the proper
disposal of dead animals.
5. Provide-a'detailed explanation as to why there was waste ponded in the back,portion of the spray
field where the last hydrant is located, if no irrigation had been performed in this area since the last
inspection.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain anindividual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking

1P.
Page 3
Northside Farm
March 1, 1999
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.
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 [phone].
cc: Sonya Avant - Compliance Group
Parks Blake - Harnett Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
. ncerdy,
Paul E. Rawls
Regional Water Quality Supervisor

THREE B FARMS, INC.
170 E. ILLINOIS AVE.
SOUTHERN PINES, NC 28386 RtUEIVEM
From: Mr Thad Bullock
To: Mr Paul Rawls ,MAR 18.
Subject: Response to Notice of Violation (Northside Farms) i�g�.
FkY7'TEVILLE
Dear Mr. Rawls, RC. 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 and General Permit regulations.
This should take care of any faults in the current design and bring the design up to the new
wetable acres standards. We are clearing an additional 30 acres on the western section of
the current 337 acre tract and will install the irrigation system in accordance with the P.E.
plans. This will then be added to the waste utilization plan for this farm. We are working
with Dogwood Farms, NRCS and the P.E. to ensure that the spray fields have the
necessary cover crop to comply with CAWMP and our General Permit.
Item l: As stated above I have outlined the work in progress to comply with CAWMP
regulations.
Item 2: Will work with Dogwood Farms and NRCS to modify our current lagoon markers
to accurately indicate freeboard levels.
Item 3: We are adherilg to all conditions of the General Permit and application windows
of the CAWMP
Item 4: There are no animals currently on site and we have no knowledge of how
Dogwood Farms plans to dispose of it's dead animals.
Item S: Due to several low areas in the existing spray acted as a natural collection area for
any waste or rain water or a combination of the two, to pond in those areas. Since there
was no spraying in that area since the last visit made by your office I can only think that
the waste/ rain water observed by your representatives must have been left over from the
last application made at the end of October.

ob
i :%. *.
THREE B FARMS, INC.
170 E. ILLINOIS AVE.
SOUTHERN PINES, NC 28386
As you can see, we are taking aggressive action to resolve these violations 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 do to assist you in this matter, please
don't hesitate to call.
Sincerely,
Thad Bullock
VP/ Owner
Three B Farms, Inc.

TRURNW: i11'b w,,H'.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 14, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bryan Spell
Dogwood Farms, Inc.
P. O. Box 49
Clinton, NC 28329
Subject: Notice of Violation
Recommendati n for Enforepment
Administrative Code 15A NCAC 2H .0217
Buffalo Ridge Farm
Facility No. 43-30 Permit No. AWS430030
Harnett County
Dear Mr. Spell:
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
214.0217, you have been found to be in violation of your 2H .0217 Permit.
On March 29, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality visited your farm located in Harnett County. The visit was due to a
complaint from a neighbor pertaining to the roadway being built through an unnamed
tributary to Buffalo Creek. While at the site for the complaint, irrigation was being
performed and it appeared that the traveling gun was not moving. Upon closer
inspection it was found that the gun indeed was not in gear and waste was running
down the slope and exiting the spray field through holes in the berm around the spray
field. The waste was entering a swamp which borders the spray field. Staff observed
the irrigation for approximately 90 minutes and there was no one around checking the
event. Samples were collected and inside farm personnel was notified of the problem.
The Division of Water Quality requests that the following item(s) be addressed:
Evaluate the spray area to determine actions needed to be taken to ensure that
waste does not leave the spray areas during irrigation events. Due to the severe
slopes of these spray fields, it has always been a concern of the inspectors
during irrigation events.
2. If the traveling gun is to be used, someone should stay with it to make sure
there is no run-off.
GROUNDWATER SECTION
22S GREEN STREET, SUITE 714 / SYSTEL SILD• FAYETTEVILLE, NORTH CAROLINA 28301-6043
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Spell
4-14-00
Page 2
Failure to comply with the above conditions may result in the facility losing it's 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.
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 this violation.
Furthermore, the Division of Water Quality has the authority to levy civil penalty of not more than
$25,000.00 per day per violation.
If you have an explanation for. this violation that you wish to present 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
recommendation for enforcement. This response should be received by this office on or before April 29,
2000. Information provided to this office will be reviewed and if enforcement is still deemed appropriate,
your explanation will be forwarded tot he Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
John Hasty, Environmental Specialist, at [phone]
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Parks Blake - Harnett Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files -' Raleigh

ESni,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 27, 2000
CERTIFIED
Dogwood Farms
P.O. Box 49
Clinton, NC 28329
att: Mr. Bryan Spell
SUBJECT.- NOTICE OF DEFICIENCY
Buffalo Ridge Swine Farm
Registration No. 43-30
Harnett County
Dear Mr. Spell:
On May 15, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Buffalo Ridge Swine Facility. 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 fields 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. A
r
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX SI0-406-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109a' 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

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