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630005_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qual 0� W A TE�QG Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources � y p Coieen H. Sullins. Director Division of Water Quality July 1, 2007 Don A. Gibbons in2 �, Y7 Loblolly Farm 3796 Bethlehem Church Rd Carthage, NC 28327-7455 Subject: Certificate of Coverage No. AWS630005 Loblolly Farm Animal Waste Management System Moore County Dear Don A. Gibbons: In accordance with your application received on 22-Jan-07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Don A. Gibbons, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Loblolly Farm, located in Moore County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 2940 Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition I11.19 does not apply. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www,ncwaterquality.org Location: 2728 Capital Boulevard An Equal OpportunitylAfflrmative Acton Employer— 50% Recycledll0% Post Consumer Paper Nam` Carolina tumlly Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0589 Fax 2: (919)715-6048 Customer Service: (877) 623-6749 If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection staff may be reached at 910433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733- 3221. Sincerely, t`-.400, for Coleen H. Sullins Enclosures (General Permit AWG100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Moore County Health Department Moore County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AWS630005 o�0� W A r69Q� ` 9 1` February 27, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality REUL:j FD aENR- FA MAR 0 z zoos C , ��LZER�Glpiyq j ��. r This letter is to acknowledge receipt of your check No. 9003 in the amount of $214.89 on February 27, 2006. The balance of the penalty is $644.71. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, /$au fi arm n P.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File # DV-2005-0006 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatgryualitv.or¢ Location: 2729 Capital Boulevard An Equal Opportunily/AHirmalive Action Employer— 50% Recycled110% Post Consumer Paper One Np hC;arolina Qtundly Raleigh. NC 27099-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715.6048 Cuslomer Service: (877) 623.0748 Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Kiimek, P.E. Director Division of Water Quality December 1, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Don A. Gibbons Loblolly Farm 3796 Bethlehem Church Rd Carthage, NC 283277455 Subject: Application for Renewal of Coverage for Expiring NPDES General Permit Dear Permittee: 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.ne.uslaps/afou/downloads.httn 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 of general 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) conies of your most recent Waste Utilization Plan with the application 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): Moore County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files - 630005 N G Purvis Farms Inc Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Intemm www.ncwaterqualitX,org Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Telephone: Fax 1: Fax 2: Customer Service: Nor` hCamlina (919) atura!!il (919) 715-0588 (919)715.6048 (877)623-6748 Michael F. Easley. Governor 0�0,< W A 7-F,9�G O '< May 23, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RF- Mur 2 5 Oua OEM- FAVETiEMILLE REGIONAL OFRCE This letter is to acknowledge receipt of your check No. 9099 in the amount of $214.93 on May 23, 2006. This payment satisfies in full the civil assessment in the amount of $2,578.72 levied against Don A. Gibbons, Jr. and the case has been closed. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, Paul n, Q.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File 4 DV-2005-0006 APS Central Files No e hCaro ina Naturally Aquifer Protection Section 1636 Mail Service Center Internet: www new ter uglit rR Location; 2728 Capital Boulevard An Equal OpportunitylAffirmative Action Employer— 50°% Recycled110% Post Consumer Paper Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H A225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. e This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection Staff may be reached at Fayetteville (910) 486-1541. If you need additional information concerning this COC or the General Permit, please contact Dennis G. Lund at (919) 715- 6185. Sincerely, Jam'/ �for,Alan W. Klimek, P.E. Enclosures (General Permit NCA200000, Record Keeping and Reporting Package) CC' (Certificate of Coverage only for all cc's) l ayet rnlle.Regional O ic& ,Aquifcr,Protectibn, Section Sampson County Health Department Sampson County Soil and Water Conservation District AFO File APS Central Files o�caF W A rF9pt: `? r 0 � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 19, 2006 C&D Enterprises A.M. Farm 259 Pig Cradle Lane Clinton, NC 28328 Subject: Certificate of Coverage No. NCA282052 A.M. Farm Swine Waste Collection, Treatment, Storage and Application System Sampson County Dear C&D Enterprises: In accordance with your Notification of Change of Ownership received on May 09, 2006, we are hereby forwarding to you this Certificate of Coverage (COC) issued to C&D Enterprises, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit NCA200000. The issuance of this COC supercedes and terminates your previous COC Number NCA282052 which expires July 01, 2007. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the A.M. Farm, located in Sampson County, with an animal capacity ©Pno greater than an annual average of 4900 Feeder to Finish swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by.this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and Federal general permit it contains many new requirements in addition to most of the conditions contained in the current State general permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. The Devices to Automatically Stot) Irrigation Events Form must be returned to the Division of Water 4uaiity no later than 120 days following receipt of the Certificate of Coverage. The Animal Facility Annual Certification Form must be completed and returned to the Division of Water Quality by no later than March 1st of each year. If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateMuality.org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Nam` Caro ina X Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 RECEIVED MAY 2 5 2006 DENR-FAYETP LLEREGI©NAL© GE May 19, 2006 Mr. Ray Reason PO Box 2201 Elizabethtown, NC 28337 RE: Acknowledgment of Receipt of Payment Case PC 04-013 Farm # 09-16 Bladen County Dear Mr. Reason: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge receipt of your check No. 0852 in the amount of $385.10 on May 16, 2006. The balance of the penalty is $1,540.34. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, tom, Dennis G. Lund Animal Feeding Operations Unit cc: APS-Fayetteville Regional Office Files # PC 04-013 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterquality.oru Location: 2728 Capital Boulevard An Equal OpporlunitylAHirmalive Action Employer— 50% Recycled110% Posl Consumer paper ]Y'ZhCaroii na Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 May 4, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm 4 63-5 Moore County Dear Mr. and Mrs. Gibbons: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED MAY 0 4 2006 ON-FA1fEirRLLE REGIONALOFRCE This letter is to acknowledge, receipt of your check No. 9074 in the amount of $214.89 on May 3, 2006. The balance of the penalty is $214,93. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File 4 DV-2005-0006 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterr uality.ora Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper NohCarolina trrrrrllif Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715.0588 Fax 2: (919)715.6048 Customer Service: (877) 623.6748 y do W a r�9QG Michael F. Easley, Governor y William G. Ross Jr., Secretary t` North Carolina Department oFEnvironment and Natural Resources C Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Don Gibbons 3796 Bethlehem Church Road Carthage, NC 28327 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Loblolly Farm NPDES Permit No.NCA263005 Moore County Dear Don Gibbons: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition III.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www,ncwaterquali(y.ore Location: 2728 Capital Boulevard An Equal opportunitylAflirmative Action Employer— 50% Recycledl40% Post Consumer Paper tvitCaro ina ra),ly Raleigh, NC 27699.1636 Telephone: (919) 733.3221 Raleigh, NC 27604 Fax 1: (919) 715.0588 Fax 2: (919) 715.6048 Customer Service: (877) 623-6748 Don Gibbons Page 2 April 25, 2006 Y enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. 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 contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, Stephen . Barnhardt Aquifer Protection Regional Supervisor cc: -Facility File 63-5 APS Central Files N.G. Purvis Farms, Inc. Division of Soil and Water, Fayetteville Regional Office Moore Soil and Water Conservation District March 27, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department or Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED MAR 31 20% DERR - FAl?1 .LLE REGIONAL OFRCE This letter is to acknowledge receipt of your check No. 9041 in the amount of $214.89 on March 27, 2006. The balance of the penalty is $429.82. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, V&� Paul Sherman, A.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File # DV-2005-0006 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www,ncwatcrquality.org location: 2728 Capital Boulevard An Equal OppartunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Ow Npr 11Curolina ,Xatrrrally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer service: (877) 623-6749 W A TF�Q Michael F. Easley, Governor 1;4OF G `0 Will iam G. Ross Jr., Secretary �7 r North Carolina Department of Environment and Natural Resources � y ,C Alan W. Klimek, P.E. Director Division of Water Quality February 3, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: RECEIVED DENR - FAYETr-Y,LLF REGIONAL ©FACE This letter is to acknowledge receipt of your check No. 9202 in the amount of $214.89 on February 2, 2006. The balance of the penalty is $859.60. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File # DV-2005-0006 APS Central Files Aquifcr Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Inturnct: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/l0°/a Post Consumer Paper Phone (919) 733-" , Fax (919) 715-0581s Fax (919)715-6048 �F W ATFR Michael F. Easley, Governor _4) 4G William G. Ross Jr., Secretary CO j (L L r North Carolina Department of Environment and Natural Resources 0 .� Alan W. Klimek, P.E. Director Division of Water Quality January 3, 2006 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: This letter is to acknowledge receipt of your check No. 8946 in the amount of $214.89 on December 28, 2005. The balance of the penalty is $1,074.49. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. cc: APS - Fayetteville Regional Office File # DV-2005-0006 APS Central Files Sincerely, Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit RE�EIlIp JAN 11 2006 W-FAYETiE111UERE OMLO CE Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Internet: 1xtp:; 'h2n.cnr,su�tc�nc_us 2728 Capital Boulevard Raleigh, NC 27604 N thCaro ina ,1 rrlur12& Phone (919) 733.3221 Customer Service Fax (919)715-0588 1-877-623-674% Fax (919)715.6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper oiC \NA Michael F. Easley, Governor William Ross `O� G. Jr., Secretary G �Cl North Carolina Department of Environment and Natural Resources — 0 Alan W. Klimek, P.E. Director Division of Water Quality November 28, 2005 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm 9 63-5 Moore County Dear Mr. and Mrs. Gibbons: This letter is to acknowledge receipt of your check No. 8920 in the amount of $214.89 on November 28, 2005. The balance of the penalty is $1,289.38. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please tali me at (919) 715-6697. Sincerely, M. Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS - Fayetteville Regional Office File 4 DV-2005-0006 APS Central Files on` NCaro ina turrtjl; Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: ht(12 ?0112o.cnr.state.ncus 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/101/o Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919)715-0588 1-877.623-6748 Fax (919)715-6048 WA rF9 Michael F. Easley, Governor �OF p William G. Ross Jr., Secretary `0 t!i GO r North Carolina Department of Environment and Natural Resources fl T Alan W. Klimek, P.E. Director Division of Water Quality October 31, 2005 NOW -1 2005 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: `" This letter is to acknowledge receipt of your check No. 8856 in the amount of $214.89 on October 31, 2005. The balance of the penalty is $1,504.27. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, I;rl d._;Z& Keith Larick Animal Feeding Operations Unit cc: Fayetteville Regional Office File # DV-2005-0006 APS Central Files JhCm ; atMi Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: h1tn:A2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10%o Post Consumer Paper Michael F. Easley, Govemor William G. floss Jr., Secretary North Carolina Department of Environment and Natural Resources October 5, 2005 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: Alan W. Klimek, P.E. Director Division of Water Quality OCT 10 2005 I c REGIM OF GE This letter is to acknowledge receipt of your check No. 8856 in the amount of $214,89 on October 5, 2005. The balance of the penalty is $1,719.16. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Fayetteville Regional Office File # DV-2005-0006 APS Central Files N�°0�°hCaro �/VAlIl1Y!!!j/ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: htt01h2o,enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100/o Post Consumer Paper W A Michael F. Easley, Governor '40F 90 William Ross G. Jr., Secretary CO(&7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 13, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Don A. Gibbons, Jr. 3739 Bethlehem Church Road Carthage, NC 28327 SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit and Violation of NPDES General�rmit NCA200000 Farm # 63-5 Moore County File No. DV-2005-0006 Dear Mr. Gibbons: REG-0VED 1�;.'%Y I G 'Z05 DENR-FAYMPALLE REGIONAL OFFICE This letter transmits notice of a civil penalty assessed against Loblolly Farm in the amount of $2,978.72 which includes $978.72 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 1�i���° Caro ' a ✓vatur )) Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: hgm//h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/ATtirmative Action Employer— 50% Recycled/I0% Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 2. Submit a written request for remission or mitigation including a detailed ,justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of, Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 LIM 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 0 ■ Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis ` DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 715-6629 or Mr. Keith Larick at (919) 715-6185. Sincer y, G Theodore L. Bush, Jr., Chief Aquifer Protection Section TLB/scl ATTACHMENTS cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments Ley Miley, -FRO w/ attachments File # DV-2005-0006 w/ attachments APS Central Files w/ attachments Susan Massengale, PIO w/ attachments STATE OF NORTH CAROLINA COUNTY OF MOORE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST DON A. GIBBONS, JR. ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2005-0006 Having been assessed civil penalties totaling _ $2,978.72 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated May 13, 2005 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2005-0006 County: Moore Assessed Party: Don A. Gibbons, Jr. Permit No. (if applicable): NCA263005 Amount Assessed: $2,978.72 Please use this, form when requesting remission of this civil penalty. You must also complete the "Request For Remission` Waiver of Right to an Administrative Hearin and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). r (a) one or more of the civil_ penalty_ assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental „damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for „the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA COUNTY OF MOORE IN THE MATTER OF DON A. GIBBONS, JR. FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND VIOLATION OF NPDES GENERAL PERMIT NCA200000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV-2005-0006 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Don A. Gibbons, Jr. owns and operates Loblolly Farm, a swine operation located in Moore County. B. Don A. Gibbons, Jr. was issued Certificate of Coverage NCA263005 under NPDES General Permit NCA200000 for Loblolly Farm on April 9, 2003, effective April 9, 2003, with an expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters of the State. C. Condition No. 1I. 1. of the NPDES General Permit states "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." D. On March 30, 2005, DWQ staff inspected the farm as a result of a referral from North Carolina Division of Soil and Water Conservation (DSWC) staff. The referral stated that during a DSWC operational review on March 7, 2005, there was evidence of a past discharge from a leaking irrigation air relief valve. During the DWQ inspection, staff observed waste leaking out of the air relief valve and flowing into an unnamed tributary of Richlands Creek, which is Class C waters of the State within the Cape Fear River Basin. E. Don A. Gibbons, Jr. had no valid permit for the above -described discharge. F. The cost to the State of the enforcement procedures in this matter totaled $978.72. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Don A. Gibbons, Jr. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Richlands Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Don A. Gibbons, Jr. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. Don A. Gibbons, Jr. violated Condition No. H. 1. of the General Permit by failing to properly maintain the land application equipment as evidenced by the leaking irrigation air relief valve. F. Don A. Gibbons, Jr. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Don A. Gibbons, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary. of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: in. DECISION: Accordingly, Don A. Gibbons, Jr. is hereby assessed a civil penalty of: $ 978.72 $ �-W 97'-72 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. for violating Condition No. H. 1. of the NPDES General Permit by failing to properly maintain the land application equipment TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. I 43B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 1,131c, 1� ✓� (Date) Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ' 4oF wArF9vG D ja� o -r CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 24, 2005 RE: Settlement Agreement and Payment Schedule for Civil Penalty Case DV-2005-0006 Loblolly Farni Farm # 63-5 1/ Moore County Dear Mr. Gibbons: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to confirm that the Division of Water Quality has agreed to settle the civil penalty enforcement against you for $1,600 plus $978.72 in costs ($2,578.72 total penalty). You have requested a schedule for making partial payments toward the civil penalty. The Division is agreeable to a twelve (12) month payment schedule beginning on July 1, 2005 and continuing to June 1, 2006. There are eleven (11) payments of two hundred fourteen dollars and eighty-nine cents ($214.89) beginning on July 1, 2005 and one final payment of two hundred fourteen dollars and ninety-three cents ($214.93). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payAble to the Department of Environment and Natural _Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 *242; Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet; htto://h2o.cnr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 71"588 1-877-623-6748 Fax (919)715-6048 An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper r' Mr. Don A. Gibbons, Jr. May 24, 2005 Page 2 If you have any questions, please call Mr. Steve Lewis at (919) 715-6629 or Keith Larick at (919) 715-6185. Sincerely, ze" /,"--Alan W. Klimek, P.E. cc: Art Barnhardt, Fayetteville AP Regional Supervisor w/o attachment 05EWaxleyJFRO w/o attachment File DV-2005-0006 w/ attachment APS Central Files w/o attachment �OF wArERQ Michael F, Easley, Governor `0 G William G. Ross Jr., Secretary C/) North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.1:. Director Division of Water Quality August 4, 2005 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr. and Mrs. Gibbons: IVED AUG V 9105 OENA - FAYE i IRLLE }REGIONAL OFRCE This letter is to acknowledge receipt of your check No. 8796 in the amount of $429.78 on August 4, 2005. The balance of the penalty is $1,934.05. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Fayetteville Regional Office File # DV-2005-0006 APS Central Files ftar, m Zy Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service lnternet: httn://h2o.enr.stale.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623.6748 Fax (919)715.6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/100/6 Post Consumer Paper WA Michael F. Easley, Governor �oF William t!i G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 27, 2005 Mr. and Mrs. Don A. Gibbons, Jr. 3796 Bethlehem Church Road Carthage, NC 28327 RE: Acknowledgment of Receipt of Payment Case No. DV-2005-0006 Loblolly Farm Farm # 63-5 Moore County Dear Mr, and Mrs. Gibbons: JUN 3 DENA-FAYEITEMILLE AEGIMALOFfICE r This letter is to acknowledge receipt of your check No. 8773 in the amount of $214.89 on June 23, 2005. The balance of the penalty is $2,363.83. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call Keith Larick at (919) 715- 6185. Sincerely, Steve Lewis Animal Feeding Operations Unit cc: ayetteville Regional"Office File # DV-2005-0006 APS Central Files N�°o�e1tCaro ina �vaturar�ly Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httA:Nh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623.6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper �t;}F W A rFi9p Michael F. Easley, Governor '0 ti William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q �( Alan W. Klimek, RE. Director Division of Water Quality June 24, 2005�� ROLAND GILLIAM jt]N 3 G— PO Box 339 CARTHAGE, NORTH CAROLiNA 28327 DENR' FA fEI-Il.I.E 88REG ,�qL OFFICE Dear Mr. Gilliam: As per our conversation on June 23, 2005,1 have enclosed an example reclaimed irrigation system permit draft and a copy of the 15A NCAC 211.0200 rules applicable to reclaimed wastewater systems. You stated that it is your intent to irrigate a private golf course and airport runway with municipal wastewater from a neighboring lagoon in Moore County. As we discussed, a system of the type you described would require a reclaimed wastewater irrigation permit, and all regulations governing reclaimed wastewater irrigation systems would apply. I hope that you find this information helpful. It may be in your best interests to contact someone in the Fayetteville Regional Office at-. 225 Green Street Suite 714 Fayetteville, NC 28301 (910) 486-1541 If I may be of further assistance, please feel free to contact me at (919) 715-6188 or via email at Toni.Wyche@ncmail.net. Sin erely, Toni yche, Environmental Engineer Land Application Unit cc: Fayetteville Regional Office, Aquifer Protection Section re" v °Caro ina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http;lm2o.enr.state.nc.m 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-977.623-6748 Fax (919)715-6048 An Equal Opportun4lAHimtative Action Employer— 50% Recycla10% Post Consumer Paper o�0 wA r�qp� r CERTIFIED MAIL RETURN RECEIPT RE UESTED Mr. Don A. Gibbons, Jr. 3739 Bethlehem Church Road Carthage, NC 28327 SUBJECT: Assessment of Civil Penalties Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 13, 2005 for Making an Outlet to Waters of the State without a Permit and Violation of NPDES General Permit NCA200000 Farm # 63-5 Moore County File No. DV-2005-0006 Dear Mr. Gibbons: Alan W. Klimek, P.E. Director Division of Water Quality J OENR - FAYEMLLE REGIONAL OFRCE This letter transmits notice of a civil penalty assessed against Loblolly Farm in the amount of $2,978.72 which includes $978.72 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 N Caro ina turn)!; Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733-3221 Customer Service Internet: httn://h2o.enr,state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877.623-6748 Fax (919)715-6048 An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment -for the remaining necessary remedial actions. Please submit this information to the attention of Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 o 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 154B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 715-6629 or Mr. Keith Larick at (919) 715-6185. Sincer y, �-- --" Theodore L. Bush, Jr., Chief Aquifer Protection Section TLB/scl ATTACHMENTS cc: IArt Barnhardt--,)FayetteviIle APS Regional Supervisor w/ attachments Larry Baxley, FRO w/ attachments File # DV-2005-0006 w/ attachments APS Central Files w/ attachments Susan Massengale, PiO w/ attachments STATE OF NORTH CAROLINA COUNTY OF MOORE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST DON A. GIBBONS, JR. ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2005-0006 Having been assessed civil penalties totaling $2,978.72 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated May_13, 2005 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of T .20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2005-0006 County: Moore Assessed Party: Don A. Gibbons, Jr. Permit No. (if applicable): NCA263005 Amount Assessed: $2,978.72 Please use this form when requesting remission of this civil penalty. You must also complete the "RequestFor Remission, Waiver of Right to an Administrative Hearin. and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C,G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). r (a) one or more of the civil penalty assessment factors_ in N.C.G.S. 143B-282.1(bl were wrongfully applied to the detriment of .the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil 12enalty will prevent VgMent for the remaining necessa remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessaryl: STATE OF NORTH CAROLINA COUNTY OF MOORE IN THE MATTER OF DON A. GIBBONS, JR. FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND VIOLATION OF NPDES GENERAL PERMIT NCA200000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV-2005-0006 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Don A. Gibbons, Jr. owns and operates Loblolly Farm, a swine operation Iocated in Moore County. B. Don A. Gibbons, Jr. was issued Certificate of Coverage NCA263005 under NPDES General Permit NCA200000 for Loblolly Farm on April 9, 2003, effective April 9, 2003, with an expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters of the State. C. Condition No. II. 1. of the NPDES General Permit states "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." D. On March 30, 2005, DWQ staff inspected the farm as a result of a referral from North Carolina Division of Soil and Water Conservation (DSWC) staff. The referral stated that during a DSWC operational review on March 7, 2005, there was evidence of a past discharge from a leaking irrigation air relief valve. During the DWQ inspection, staff observed waste leaking out of the air relief valve and flowing into an unnamed tributary of Richlands Creek, which is Class C waters of the State within the Cape Fear River Basin. E. Don A. Gibbons, Jr. had no valid permit for the above -described discharge. F. The cost to the State of the enforcement procedures in this matter totaled $978.72. Based upon the above Findings of Fact,1 make the following: II. CONCLUSIONS OF LAW; A. Don A. Gibbons, Jr. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Richlands Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Don A. Gibbons, Jr. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. Don A. Gibbons, Jr. violated Condition No. H. 1. of the General Permit by failing to properly maintain the land application equipment as evidenced by the leaking irrigation air relief valve. F. Don A. Gibbons, Jr. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Don A. Gibbons, Jr. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: Ill. DECISION: Accordingly, Don A. Gibbons, Jr. is hereby assessed a civil penalty of: 00 o -----ram $ "? $ 978.72 $ y 72 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. for violating Condition No. II. 1. of the NPDES General Permit by failing to properly maintain the land application equipment TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. IZ-31c, - 4�-�� (Date) Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil & Water Conservation March 16, 2005 Mr. Don Gibbons, Jr. 3796 Bethlehem Church Road Carthage, North Carolina 28327 SUBJECT: Operation Review Notice of Referral for Loblolly Farm, Facility Number 63-5, Moore County Dear Mr. Gibbons, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED MAR 18 2005 DD R - FAYETTEVILLE REGIONAL 41TICE �J0C�— c� toi, — 3�01 - '15"'2 On March 7, 2005, an operation review was conducted of Loblolly Farm, facility number 63-5, in Moore County. This review, undertaken in accordance with G.S. 143-215.1OD, is one of two routine site visits scheduled for all subject animal operations in 2005. Staff from the Division of Water Quality will conduct a separate compliance inspection. • During the review, it was noted that there was evidence of a past discharge from a leaking irrigation air relief valve. During an irrigation event on March 6, 2005 waste leaked from an air relief valve into the farm path ditch and continued into a small stream. Efforts were made to reduce the amount of waste that reached the small stream. It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. 225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Mr. Don Gibbons March 16, 2005 Page 2 On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, Danny Edwards Environmental Specialist cc: Art Barnhardt, Division of Water Quality Kevin Williams, Moore Soil & Water Conservation District Tony Moore, N.G. Purvis Farms, Inc. Vernon Cox, Division of Soil & Water Conservation 225 Green Street, Suite 714 1 Systel Bid, Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer ❑ Division of Water Quality Division of Soil and Water Conservation ❑ Other Agency Facility Number., 630005 Facility Status: Active Permit: .NCA263Q 5 _ ❑ Denied Access Inspection Type: Q12grations Revieyy . Inactive or Closed Date: Reason for Visit: Routine County: Moor_ Region: Faveftgvwlle Date of Visit: 03/07/2005 Entry Time:j0 *40 AM Exit Time: 12A0 PM Farm Name: Loblolly Farm _ Owner: Don A. Gibbong Incident #: Owner Email: Phone:.910-948-3484 Mailing Address: Carthage NC 283277455 Physical Address: Facility Status: ❑ Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: Longitude: On the north side of SR 1263 approx..2 mile east of its intersection with SR 1210, west of Carthage, NC. Question Areas: Discharges & Stream Impacts Waste Collection & Treatment Waste Application Records and Documents 0 Other Issues Technical Assistance Certified Operator: Don A. Gibbons Secondary OIC(s): On -Site Representative(s): Name On -site representative Don A Gibbon Operator Certification Number: 18308 Title Phone: 24 hour contact name Don A Gibbon Phone: Primary Inspector: Danny Edwards Phone: Secondary Inspector(s): Phone: Phone: Phone Page: 1 Permit: NCA263005 Owner - Facility: Don A. Gibbons Facility Number: 630005 Inspection Date: 03/07/2005 Inspection Type: Operations Review Reason for Visit: Routine Inspection Summary: 2. During an irrigation event on 316105 waste leaked from an air relief valve into road ditch and into small stream, Producer stopped pump and put hay in road ditch. Producer plans to put earth dam in road ditch immediantly and waste / fresh water mix below culvert onto fields immediantly. Notice of Referral to DWQ. Producer plans to report this to DWQ. 9. Fix leaking air relief valve at hydrant near farm path before operating irrigation system again. Place irrigation calibration in farm records. Reminder: Update IRR-2 records when waste sample comes back, Note: Follow NCSU memo when pumping on small grain overseed. Can apply up to 50 Ws nitrogen in fall and then 50 more pounds of nitrogen in Feb. -March. 21. Start documenting crap yields; irrigation inspections; lagoon inspections. Complete 2004 Annual Certification and mail to DWQ soon. It was due by Marcie 1 st 2005. 34, Waste utilization plan and wettable acre determination need to match. Contact technical specialist for assistance. Remove cows from spray fields. Soil test has been sent to Raleigh; results not back yet. Page: 2 Permit: NCA263005 Owner - Facility: Don A, Gibbons Facility Number. 630005 Inspection Date: 03/07/2005 Inspection Type: Operations Review Reason for Visit: Routine Regulated Operations Design Capacity Current Population Swine ® Swine -Feeder to Finish 2,940 1,654 Waste Structures Total Design Capacity: 2,940 Total SSLW: 396,900 Identifier Closed Data Start Date Designed Freeboard Observed Freeboard Page: 3 Permit: NCA263005 Owner - Facility: Don A. Gibbons Facility Number : 630005 Inspection Date: 03/0712005 Inspection Type: Operations Review Reason for Visit: Routine Discharoes & Stream Impacts 1. is any discharge observed from any part of the operation? Yes No ,tjA ❑ 0 ❑ NE ❑ Discharge originated at: Structure ❑ Application Field ❑ Other a. Was conveyance man-made? ❑ M ❑ Cl b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ M ❑ ❑ c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ M ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ■ ❑ ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the Stale other than from a discharge? ❑ ■ ❑ Yes No NA ❑ NE 4. is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? 5. Are there any immediate threats to the integrity of any of the structures observed (i.e.1 large trees, severe erosion, ❑ 0 ❑ ❑ seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management or ❑ ❑ closure plan? 7. Do any of the structures need maintenance or improvement? ❑ M ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not apphcab#e to roofed pits, dry stacks ❑ M ❑ ❑ and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ❑ ❑ improvement? Yes No NA NE Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement? ❑ 0 ❑ ❑ 11. Is there evidence of incorrect application? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? Heavy metals (Cu, Zn, etc)? ❑ PAN? Is PAN > 10%110 lbs.? ❑ Total P2057 ❑ Failure to incorporate manurelsludge Into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence ofwind drift? ❑ Application outside of application area? Crop Type 1 Coastal Bermuda Grass (Hay) Crop Type 2 Small Grain (Wheat, Barley, Oats) Crop Type 3 Fescue (Hay) Crop Type 4 Other Page: 4 Permit: NCA263005 Owner - Facility: Don A. Gibbons Facility Number: 630005 Inspection Date: 03/07/2005 Inspection Type: Operations Review Reason forVlsit: Routine Crop Type 5 Crop Type 6 Soil Type 1 Mooshaunee Soil Type 2 Mooshaunee Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑ 0 ❑ ❑ 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 15. Did the facility fall to secure and/or operate per the irrigation design or wettable acre determination? ❑ 0 ❑ ❑ 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ Yes, 0 ❑ NA_ ❑ NE Records and flncuments 19. Did the facility fail to have Certificate of Coverage and Permit readily available? _No ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ E ❑ ❑ If yes, check the appropriate box below WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Other? ❑ 21. Does record keeping need improvemont? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ 120 Minute inspections? 0 Weather code? ❑ Weekly Freeboard? ❑ Transfers? ❑ Rainfall? ❑ inspections after > 1 inch rainfall & monthly? N Waste Analysis? ❑ Annual soil analysis? Crop yields? 0 Stocking? ❑ Annual Certification Form (NPDES only)? ■ 22. Did the facility fail to Install and maintain a rain gauge? ❑ H ❑ ❑ 23. If selected, did the facility fail to Install and maintain a rainbreaker on Irrigation equipment (NPDES only)? ❑ 0 ❑ ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ 0 ❑ 20. Did the facility fail to have an actively certified operator in charge? ❑ ■ ❑ ❑ Page: 5 Permit: NCA263005 Owner • Facility: Don A. Gibbons Facility Number: 630005 Inspection Date: 03/07/2005 Inspection Type: Operations Review Reason for Visit: Routine Records and ❑OCuments 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? Other Yes_ on Yes No NA ❑ No NA NF ❑ NF j,55ues 28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ n ❑ ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours andlor document and report those mortality ❑ X ❑ ❑ rates that exceed norma{ rates? 30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air Quality ❑ ■ ❑ ❑ representative immediately, 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ■ ❑ ❑ 32. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ ❑ ❑ 33. Does facility require a follow-up visit by same agency? Technical Assistance ❑ Yes ❑ No NA ❑ Needed Provided ,NE 34. Waste plan revision or amendment 0 35. Waste plan conditional amendment ❑ 11 36. Review or evaluate waste plan wlproducer ❑ 37. Forms need (list in comment section) ❑ El 38. Missing components (list in comments) ❑ 39. 2H.0200 re -certification ❑ 40. Five & Thirty day Plans of Action (POA) ❑ 41. Irrigation record keeping assistance ❑ 42. Organizelcomputerization of records ❑ 43. Sludge evaluation ❑ 44. Sludge or Closure plan ❑ ❑ 45. Sludge removal/closure procedures ❑ 46. Waste structure evaluation 47. Structure needs improvement ❑ 48. Operation & maintenance improvements Page: 6 Permit: NCA263005 Owner - Facllity: Don A. Gibbons Facility Number: 630005 Inspection Dale: 03/07/2005 Inspection Type: Operations Review Reason for Visit: Routine 49. Marker check/calibration Yes _N❑ Na NP ❑ 171 50. Site evaluation ❑ 51. Irrigation calibration ❑ 52. Irrigation system designlinstailation ❑ ri 53. Secure irrigation information (maps, etc.) ❑ 54. Operating improvements (pull signs, etc.) ❑ 55. Wettable acre determination ❑ 56. Evaluate WAD certificationlrechecks ❑ 57. Crop evaluationlrecommendations ❑ 58. Drainage work/evaluation ❑ 171 59. Land shaping, subsoiling, aeration, etc. ❑ 60. Runoff control, stormwater diversion, etc. ❑ 61, Buffer improvements ❑ ❑ 62. Field measurements (GPS, surveying, etc.) ❑ 63, Mortality BMPs Cl 64. Waste operator education ❑ 65. Operation & maintenance education ❑ 66. Record keeping education 67. Crop/forage management education ❑ 68. Soil and/or waste sampling education ❑ 69. PLAT Assessment Page: 7 Permit: NCA203005 Owner - Facility: Don A. Gibbons Facility Number: 630005 Inspection Date: 03/07/2005 Inspection Type: Operations Review Reason for Visit: Routine Tpchnical Assistance Yes No NA NE 70. Other ❑ CJ List Improvements made by Operation Improvement 1 Improvement 2 Improvement 3 Improvement 4 Improvement 5 Improvement 6 Page: 8 September 29, 2004 Stephen Barnhardt Regional Aquifer Protection Supervisor Division Of Water Quality RECEIVED OCT 4 - 2004 DW-FAYEIIEVILLE REG10MLOFRCE Subject, Letter of Explanation Pursuant to Notice of Violation Dated 9/15/2004 Dear Mr. Barnhardt; In response to your letter of violation dated 9/15/04, I am writing the response to your questions listed in the letter. First you requested the to know how this violation occurred, then to list steps to prevent from happening in the future. The primary reason for the lagoon being above the minimum freeboard was a high number of storms from July through present, and because of the timing of waste applications as outlined in the waste utilization plan, Beginning around the end of July I had been hit by several of the tropical storm remnants, and heavy thunderstorms, which prevented waste applications. I had began preparations to overseed my Bermuda fields with rye as described in the CAWMP, and following the guidelines set up in the NCSU memo dated 6/29/88 " Crop Management Practices for Select Forages Used in Waste Management", I ceased irrigation events on the bermuda fields in August. The memo states I can begin again after 9/15 to 10/30 with up to 50 Ibs PAN for utilization by the rye. Remnants of Hurricanes Bonnie and Charley, brought my lagoon up very near the start pump marker, in the lagoon, I was able to lower the lagoon to a reasonable level then T.S. Gaston hit with over 3" rain in one day followed up by 2 more days of misty rain, at which time I had to stop applications on Bermuda. I found that the fescue fields were very wet and thought I would damage the field if I tried to irrigate too quickly. Before I could resume applications, the remnants of Frances hit. The first day, 9/7/04, the storm brought another 1 44" rain, which took me to the start pump mark. The morning of 9/8, I pulled out the irrigation reel in preparation to apply if I had to in a hurry. Overnight on 9/8/04, we caught another band of rain that put me over the start pump mark. I found the lagoon to be high on the morning of 9/9, and was going to apply that evening after the field dried up during the day as no more rain was in the immediate forecast. I work off farm and received a phone call at work from my daughter that two inspectors were at the farm and wished to speak with me. I spoke with them over the phone, and they instructed me that I had 48 hours to submit a POA to your office about how I was going to deal with the problem. I completed the POA with the help of Kevin Williams of the NRCS and mailed it within the 48 hours. I began applying to lower the level that evening of 9/9. By 10 PM of 9/9 I had the lagoon level below the start pump mark. I did not call DWQ to inform of a high lagoon level as I had made the necessary preparations to deal with a high level before I actually crossed the mark. I thought I had the situation in hand and the level would not be high more than 24 hours and I believed I was in good shape, rZz The steps I am taking now to prevent this from happening in the future are to begin immediately applying on the rye I seeded 9/24 and 9/25, following the current remnants of 75. Jeanne. I will apply the 50 lbs. PAN on the rye, and more on the fescue fields as fast as I am able, Currently my lagoon is below the start pump mark and I have enough PAN balances to lower the lagoon so that I can over winter comfortably. I have made arrangements with a local landowner to apply on his fields should an emergency need arise. Next year I will begin applications on the bermuda grass earlier than this year weather permitting, I am going to meet with Kevin Williams to review my CAWMP, as Al Scoggins pointed out that I should be able to add back some of the disallowed wettable acreage due to using incorrect data when the former NRCS representative prepared them in the past. This may allow me to move into fields to continue applications, where currently it takes more setup time before I can begin applying again. I hope this addresses your questions, should you have any more, please call or write. Enclosed find my current records and CAWMP. Sincerely, Don A. Gibbons Jr. 3796 Bethlehem Church Rd. Carthage, NC 28327 (910) 948-3484 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 15, 2004 CERTIFIED MAIL RETURN RECEIPT RE UESTED Mr. Donald A. Gibbons 3796 Bethlehem Church Rd. Carthage, North Carolina 28327 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT North Carolina General Statutes 143 - 215 Loblolly Farm Facility No. 63 - 05 Moore County Dear Mr. Gibbons: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to NCGS 143 - 215, you have been found to be in violation of your NPDES Permit. Violation 1: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. NCA2630005 Section 3 condition 11 and 11(e) along with the facility's CAWMP.) This violation is in reference to Loblolly Farm (facility # 63 - 05) being in the storm storage according to your stated freeboard level, the CAWMP and failure to report. Required Corrective Action for Violation 1: Please notify the Division of Water Quality of any high freeboard occurrences within twenty fours hours. The Division of Water Quality requests that in addition to the specified corrective action above, please submit the following items on or before September 30, 2004: 1. Copies of all lagoon levels and rainfall records for this farm from January 1, 2004 to the present along with a current copy of your CAWMP. 2. Please have the OIC for this farm include an explanation as to how this violation occurred. 3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. O1e NCarolina jaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623.6748- Art Equal Oppodun4/Affirmahve Action Employer — 5046 Recydedrl00% Post Consumer Paper Mr. Gibbons September 15, 2004 Page 2 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before September 30 2004 should receive this response, Information provided to this 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 Mr. tarry C. Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Stephen I.arn rdt v Region Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Kevin Williams -Moore Co. MRCS Trent Allen — SWC, FRO Central Files - Raleigh July 20, 2001 Paul Rawls NCDENR Division of Water Quality Fayetteville Regional Office Dear Mr. Rawls, This is the response to your letter dated July 11, 2001, in which you served notice to me of a violation of my general permit. I regret that this incident took place, and discussed at length the reason for the runoff with Mr. Hasty at the time it was discovered. To make the issue clear, the events that took place that caused the runoff are noted below. The irrigation event that I was working on when the runoff occurred began when I started the system in the evening. The gun in the cart is supposed to turn to wet the entire area as it is pulled in, the bearings in the gun assembly froze up and the gun would not rotate. This was causing the gun to direct all of the spray into one area, which collected and ran to a drainage tile on my property that leads to the adjacent timberland. I attempted to fix the gun as it was operating to correct the problem. I tried unsuccessfully for the length of the cycle that I ran the system. I shut down the system when I found I could not repair the gun. By this time it was late in the evening and I hadn't noticed that the spray was running towards the adjacent property. The following morning when I returned from work to meet Mr. Hasty he described to me what he had found. I explained the previous evening's events, and why it had happened. To stop the problem I purchased a new bearing assembly from Gra-Mac the following day and have replaced the part. Mr. Hasty notified me that if ever it happens again, that I should take a load of dirt and block off the the as well until it dries back out. I have discussed the rate of application for the irrigation field with respect to slope with Jerry Pate and Angela Hill of the NRCS, and they had concurred with Ruth Kirby and Gra-Mac's design when the system was first put into place. I believe that when the equipment is operating properly that this will not cause a runoff. My error was when I found the malfunction I didn't immediately shut down the system, but instead tried to effect repairs. In addition, I am going to calibrate my system using the rain gauge method as demonstrated to me in one of the training classes I attended. I will make the corrections necessary to the rate of application based on the results of the test. Again I regret that the incident occurred and I will make every effort to prevent any such occurrence from happening in the fuLure. I appreciate your help and patience, and will contact you if I need assistance. Sincerely, Don A. Gibbons, Jr. Loblolly Farm 3796 Bethlehem Church Rd. Carthage, NC 28327 \1 North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 11, 2001 Mr. Don A. Gibbons 3796 Bethlehem Church Rd, Carthage, NC 28327 Subject: _LtiOTLC� )F VIOLATI,ON Administrative Code l 5A NCAC 214.0217 Loblolly Farm Facility No, 63-05 Dear Mr. Gibbons: 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 General Permit. On July 10, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Loblolly Farm in Moore County. The inspections revealed that during an application event, waste had run out of the application field and ponded on adjacent property. Allowing waste to travel off site is a violation of the CAWMP and the General Permit for this facility. The Division of Water Quality requests that the following item(s) be addressed: Modify the rate of application and implement measures to prevent future run off, especially on a sloping field. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENI3.5TA1I:.VL-US1ENW AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 5004 RECYCLEDIIG% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: I-877-623-6748 Mr. Gibbons July 12, 2001 Page 2 Failure to comply with the above conditions may result in the facility losing it's Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. Please provide this office with a written response on or before July 31, 2001as 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. John Hasty, Environmental Specialist, at (910) 486-1541. PER/jch cc: Sonya Avant - Compliance Group Angela Hill - Moore Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Tony Moore - N. G. Purvis Farms Sincerely, lie '• G au1 . Rawls Regional Water Quality Supervisor I Wettable Acres Determination Certification Name of Facility: Loa troL.LY PAPm _ Facility Number:5613 ; Owner(s) Name: Don1 g i 813oN S T ^Phone No: 4_I C _ 94�6 - 34-1 4. MailinQAddress: 'BET 14L VA§ C.Hv cH oAD CART�IA - N.C. �e32 By signing this form, the facility owner and Technical Specialist acknowledge the completion of the Wettable Acres Determination_ All necessary Wettable Acre Determination Field Data Sheets and calculations were completed to conduct a Wettable Acre Determination. The facility's Waste Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all worksheets, calculations, and other Wettable Acres Determination documents, along with the applicable Waste Utilization Plan and Wettable Acre Determination Certification will be filed with the local Soil and Water Conservation District. A copy will also be kept on site with the Certified Animal Waste Management Plan. Any future modifications must be approved by a technical specialist and filed with the Soil and Water Conservation District prior to implementation. If any modifications to the existing irriygation system or any new irrigation equipment was required to adequately address the waste management needs of this facility, an Irrigation Speciahst or Professional Engineer has certified the design and installation below. Owner Name: 'Dori_ Owner Signature: Df�`A-- G' Technical Specialist Name: 'AT E.T Date: i0/4. /q9 Technical Specialist Sipature: ,y a _ rd_f h , _ _ Date: 9 - 16 - 9 9 If assisted by an Irrigation Specialist or Professional Engineer please read and sign below: Animal waste application equipment has been desig-ned. or modified to. apply waste as necessar}, to accommodate the waste management plan and according to NRCS Standards. Animal waste application equipment has been installed accordin; to NRCS Standards and is ready for use. Irrigation Specialist/PE Name: Irrigation Specialist/PE Signature: Date: Submit this form to: Attn: Sonya Avant Nan -Discharge Compliance Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 WADC — 7/99 United States Natural Resources P.O. Box 908 Department of Conservation Carthage, NC Agriculture Service 28327 September 20, 1999 Subject: Wettable Acres Determination Loblolly Farm (Don A. Gibbons, Jr.) Animal Waste operation Facility Number 63-5 Moore County To: Mr. Jeffery Brown, Environmental Engineer Division of Water Quality Fayetteville, North Carolina In response to a letter sent to Mr. Gibbons dated August 27, 1999, a Wettable Acres Determination has been completed for his farm. I have also revised the waste utilization plan to reflect the new acreage. If you have any questions please call me at 910-947-5183 ext. 3. a_��CL Ze. Angela D. Hill District Conservationist RECEI V CC1 7 1999 FAYETTEVILLE REG. OFFICE WASTE UTILIZATION PLAN Producer: J)aN / cr; b an s, Z-r• Location: ,3 717 !, f��-�- I c ke,,� Gh �• I`�o�[ Telephone: Type Operation: Sw,-v\e. leer y^ `40 Number of Animals: 02 t Al capacity) The Waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields -where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply Waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the - crop can utilize. .Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 torts per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. 1 WASTE UTILIZATION PLAN Amount of waste produced per year (gallons, cu.ft., tons, etc.) 2 940 animals x - 0Z8 ac-in waste/animal/year = 82. 3 ac-in/year TOTAL AMOUNT OF WASTE: 2,_234_, 77+ GALLONS WASTEIYEAR Amount of Plant Available Nitrogen (PAN) Produced Per Year 2. I lbs. PAN/1000 gals. x 2, 23 q-, '774- _ gals./year = Cn 48 ( lbs. PAN/year (PAN from NCDA Test Report) or (PAN from N.C. Tech. Guide Std. 633) Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply. the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BYPRODUCER Tract Field Soil Lbs. N* Lbs. N Month of # # Type Crop Per Ac. Acres Utilized Application 10007 McB BERm�t,>a (RYE) +OASOrZot 5.8 1l6o APPJL At* IMe. B C6R1r.AL RYE 100 : 8 580 SF -PT.- OCT. FES - MAK. 2 Mod FEscuE � 3.8 50=194 4.3 8!'7 w. sePs.- M pia.-A1�tL 3 Mo1) BERMUDA 3.B %60 =110 6.9 1'311 APRlt.- Aos,. 3 Mo1) CEREAL RYr, loo 4>.q 690 Sen. - 04-r' >: law . - Mwz. 3 Moti FEsculr 3-%N50=190 C-9 1311 San - NOV. Fa8.• APP4L 4 Ma 1) LO0LoLLY PINE 50 22.4 1120 MAR.-Sti-r. 5 Ma B LplWLVX so 1a.0 300 MAR.- SST, This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic vie ld expectation. NOTE: The applicator is cautioned that P sod K may be over applied while meeting the N requirements. $cginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. 2 WASTE UTILIZATION PLAN Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land) (See Required Speciftcation 71) Tract # Field # Soil Type Crop Lbs. N* Per Ac. Acres Lbs. N Utilized Month of Application * See Footnote for Table 1. TOTAL TOTALS FROM ABOVE TABLES ACRES Lbs. N Utilized Table 1 5z.3 7IZ 89 Table z 0 O TOTAL 5z. 3 71 Z 8 9 Amount of N Produced (o, 4- 6 Surplus or elicit — E3O8 (VOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other 3 WASTE'UTILIZATION PLAN See attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY UUUGATION Field No. Acres Soil Type Crop maximum Application Rate ( InJl r.) Maximum application amount per irrigation ( Inches ) F}g�YW�L Q ,3 e. 3 0.36 4 o. 3s ,co n—r- S TFM TAMEES NOT NF7DM IF WASIP LS NOTBEM APK= BY MRWATKK HOWMSV A SAaLAR TABLE. WILL BE NEEDED FOR DRY LtnM OR SL MAY. Your facility is designed for,9W days of to orary storage and the temporary storage must be removed on the average of once every MONTHS. In no instance should the volume of waste being stored in your structure exceed the level of the start pump marker. ELFEV- tM e Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION. This operation has a waste storage pond with 320 day of temporary storage. Fields 1,2, and 3 are established in bermuda grass and fescue as shown in table No. 1. Fields 4 and 5 are established in loblolly pine. Due to field shape, buffers, and irrigation system layout there is approximately 52.3 acres of effective irrigation coverage. Effluent from the waste storage pond will be applied by irrigation using a traveling gun system. The bermuda grass will be overseeded in cereal rye in the winter (see attached Memorandum from Dr. Jim Green). As with any system, the sludge will need to be removed at some point in tirne. when that becomes necessary, a waste analysis will need to be run on this material prior to application and a waste utilization plan prepared for the sludge. Additional lands off site will probably be needed for proper utilization. 4 WASTE UTILIZATION PLAN REQUMED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operationor land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to the assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement (sample enclosed) with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data., climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. . d. Animal waste may be applied to land that has a Resource Management System (RS) or an .Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to `Buffers" required by DEM. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian Forest Buffers.] 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. [See "Weather and Climate in North Carolina" in the Techiucal Reference -Environment file for guidance.] 5 N WASTE UTILIZATION PLAN REQUIRED SPECIFICATION 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall not be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for Ieach.ing. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. [See Standard 393 - Filter Strips] 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of- ways. 15. Animal waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist." Animal waste should not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 6 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18.If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested withui GO days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels hi the soil shall be monitered and alternative crop sites shall be used when these metals approach excessive levels. Ph shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. r] WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT NAME OF FARM:. �_o 616 t+;4-r� OWNER/MANAGER AGREEMENT I (we) understand and will follow and implement the specification and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment Management (DEM) before the new animals are stocked. i (we) also understand that there must be no discharge of animal waste from this system to surface wasters of the state from a storm event less severe than the 25-year, 24 hour storm. The approved plan will be filled on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. NAME OFF CELM OWNER: (Plc= print) Signature: Date: Ica [ 4 Name of Manager (If different from Signature: Date: Name of Tccluiical Specialist: (Please Print) Address (Agency):— _ -F, 0. - /e a Signature: OF? 1. � Date: 8 Noun C"m state U*ersiy is a f Department of Crop Science grant uiiveM4 am a oordhoont i mi'_...,n of The l}rtiversty d North Carolina Coilege of Agricukure and Life sciences Campus Box 7620 Aal"h, NC 2769&7620 919.515.2647 919.615.7959 (fax) Cereal Rye The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The most consistent stands are obtained from drilling rye into short (less than 3 inches tall) bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the bermuda prior to August 31. An application of 501bs/acre of Plant Available N (PAN) may be applied between September 15 and October 30. An additional 50 lbs/acre of PAN may be applied in February -March. If rye growth is harvested on time and does not significantly shade the bermuda, PAN -rates for the subsequent bermuda crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which ever comes first. This is necessary to minimize the potential for shading bermuda and reducing its yields. The PAN rate for grazed systems with Bermuda overseeded with cereal rye must be reduced in accordance with NRCS Technical Standard #590. Annual Ryegrass Annual ryegrass should be planted by October 15 to provide the best opportunity to get winter growth. The most consistent stands are obtained from drilling ryegrass into short (less than 3 inches tali) bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the rate for drilled seeds. The last application of animal waste is to be applied to the bermuda prior to August 31. An application of 50 lbs/acre of (PAN) may be applied between September 15 and October 30. An additional 50 lbs/acre of PAN may be applied in February -March. If additional PAN is applied to the ryegrass in April -May, the PAN rate for the Bermuda must be reduced by a corresponding amount. This is necessary because ryegrass growth during April -May will reduce bermuda yields and shorten the time Bermuda can fully utilize the N. A harvest is rewired by heading or April 7, which ever comes first to prevent shading of emerging bermuda during April -May period. To favor the production of the Bermuda, additional haivests of ryegrass will be required when the ryegrass canopy reaches 12 to 15 inches height. The PAN rate for grazed systems with Bermuda overseeded with annual ryegrass must be reduced in accordance with NRCS Technical Standard #590. Nate Card;na Slate Urdversty is a Ian Department of Crop Science grarri miversty and a conslWord Yvttutwn of The Ur versty of North Caroms Cdlege of Agriculture and Life Sciences Campus Box 7620 Raleigh, NC 27695-7620 919.615.2647 919.515.7M (lax) Eastern Gamagrass Limited data are available on the response of gamagrass to various levels of N and soil types in North Carolina. However, until further data is collected, the following guidelines may be used. 1. On sandy textured soils that are well drain or excessively well drained, gamagrass may yield similar to hybrid bermudagrass at similar PAN rates. 2. On heavy textured soils that are poorly to somewhat poorly drained, gamagrass may yield 1.5-3 tires more than hybrid bermuda. Gamagrass establishes slowly and will not usually produce much harvestable forage during the establishment year. It is best to allow the growth during the seedling year to accumulate for most or all season; if it is to be harvested, it should be done after full seedhead formation on a majority of the plants. Therefore, PAN for the seedling year should be modified accordingly. Overseeding gamagrass with winter annuals is not currently advised because the harvesting or grazing management of the winter annual crops during February -April would be detrimental to the survival of gamagrass. Gamagrass should not normally be harvested or grazed below 6-8 inches stubble. Application rates are to be based on the realistic N rates that address the N needs per ton of hay, a realistic yield and an appropriate application window. When harvested as hay in the 24- 36 inch stage of growth, the N rate ranges from 40-50 lbs/ton of dry matter. The PAN rate for grazed systems must be reduced in accordance with NRCS Technical Standard #590. The application window for gamagrass is slightly earlier than for bermuda; gamagrass starts growing about 3-4 weeks earlier than Coastal bermudagrass and about 2-3 weeks earlier than Tifton 44. Gamagrass is dormant from frost to March. The last application of PAN in the summer should be prior to August 31. Rescuegrass (i.e. MaWa) Rescuegrass is a cool season grass and makes most of its growth from March -June and September -November. It should receive most of its N during the September -October and late February through May months. Limited data are available for realistic yields of rescuegrass on various soils and at various N levels in North Carolina. However, until further data is collected the following suggestions may be useful. 1. On sandy, well drained to excessively drained soils, rescuegrass may yield 1.5- 3 times fescue, assuming a uniform and dense stand of grass is present. North Carona Stets Universey is a ku Department of Crop Science grenl university and a consMwrd h0ukrx of The Universty d North Carolkla College of Agriculture and Us Sciences Campus Sox 7620 Raleigh, NC 27695-7620 919.615.2647 919.615.7959 (fax) 2. On wet or poorly drained soils, rescuegrass may yield .75 -1.0 times as much as fescue. 3. On soils where both are well adapted the yields of rescuegrass may be 1-1.5 times more than fescue. The above RYE estimates assume that stand density is maintained through natural reseeding every year. Although rescuegrass is a "perennial' it does not maintain dense, satisfactory stands unless it is allowed to reseed every year. Even under this management it is likely that disease will affect one or more growths in some years. Application rates are to be based on the realistic N rates that address the N needs per ton of hay, a realistic yield and an appropriate application window. When harvested as hay, the N rate is similar to other cool season grasses such as fescue, ranging from 40-50 lbs/ton. Rescuegrass may also continue some growth in June -August if moisture is available. During these off-seasons, rescuegrass should not receive more than about 25 lbs N/acrelmonth. Only apply 25 lbs N/acre in June -August if the equivalent of 1-inch of water can be applied at the same time. If the crop does not respond with at least a 1000 lbs of growth within a 3-5 week period do not make another application until the plants have had the opportunity to use the previous application. CAWMP Weuable Acre Traveling Gun Field Data sheet. 2120/99 Hard Hose Traveling Gun System FIELD DATA SHEET * 1. Make and model number K I FCO MODEL 2. Hose length B80 feet] and hose inside diameter (1D) 2. 50 [inch] 3. Gun make and model number N ELSoN SR100- 4. Gun nozzle size o•7 [inch], ring orifice, X taper bore orifice. 5. Gun arc angle 315 [degrees] C NAf4&W FRom ORIGINAL UES iGN 6. Travel lane spacing 130 [feet]. Indicate whether _C ^uniforrrt, random. Number of exterior hydrants 16 . Number of interior hydrants Z T Gun wetted diameter 2'75 [feet]. measured, X _based on gun chart. S. Gun pressure T '7p [psi]. Y,_ observed at working gauge, determined from gun charts, calculated (show calculations) **9. Operating pressure at hose reel 105 [psi]. ) observed at working gauge, provided by owner. **10. Supply line size 4 [inch] (from pump to last hydrant). **11. Supply Line length 14B0 feet (maximum pumping distance). **12. Supply line type X PVC, X aluminum. **13. Pump make and model number Kina Moat- NT 120 5 SwRAY -P — P **14. Pump capacity, 500 [gpm]. **15. Engine make and model number TRAC-ro_[�,_ O -0• P. or **16. Electric motor horsepower and rpm [hp] [rpm] Note: It is strongly recommended that operating pressure at the reel and gun wetted diameter be field determined. * Locate each hydrant on a copy of the map. Indicate the start and stop of the sprinkler cart for each travel lane and show distance traveled. Show the location of the supply line. Irrigated acres will be determined by travel lane ** Optional data, furnish where possible. * * * Information furnished by �-- c and/or Signature of Owner or FacihtN, Represm five Signature f Technical pecialist T)0N 5 Printed Name of Owner or Facility Representative Date_ ILL [...1 N_oaERR' 1. PATE,JR. Printed name of Technical Specialist Date ?-/4-94 *** Only the person or persons collecting the data should sign the data sheet. NoRrH CAP -.LIMA -b o ti A G 113C30N s , s P,. N\ooiZG C�. 14 9/ 9 or �CrT�BL AC-REs Ex! ST I r�JC, SysTEM � 1 FIELL No. 1 PULL 1 — 1 PuL - 1-z PULL 1 - 3 PULL 1 - 4 SQL.f D S Er -Do Nur UsE L = z70 ExTE21op, L = 30-7 f EXTER i OP- FIELD 00- 2 PULL R- I L- 3I5 PULL 2- 2 L- 180' F1EL.D PULL. PU L.L 3 - 2 POLL 3-3 Pui`L 3-4 PULL 3 -- 5 E x TE. R i o P- EXTEP-10 k- L = 9OS' EXTERlok- L- 48 8' Y NTEPJ 0 R L = 19 �' P-ATC- 10P, SOLID S ET L= '3 30 ' SrNGLE l9d _ - ESf&tN LA\r�G SpAC.IQG = 190' 275 SPACING u SE J�Ar. uFPCT0tRC- `. LIrERATuRE- -DiA. z�5REOtJCE ONc,i NP L DES/GtJ G.I;.;; 270" CHw\J&Eu TQ 3 fS ` WNICI-I WILL. J)ZcREI�SE TNF. PRE -Of 1TPTIOtJ RATE {rrJ./uR.� —} A Goob 7-HING-. NoRTIA Cr9ROLINA -Donl A. GIBaows, JR., MoolzF- Co. HZ- P 9/79 V4E`rTABLE ACRE (Ex ISTIWCT SYSTEM 2 FIELD No. 1 A PULL 1 - 1 USE AS SOLID SET A = T7- A -:5 .14- (124-2' = AG. 43, 54,0 s4,m f AG * PULL 1- 2 NOT USEABLE PULL 1- 3 EE70 (250`DiR.) (3150ARC) START - 0. 5 I AC. Sop = 0.3 7 At. zs a M �oDL.E AREA = L x z z 2`70 x z+� � 43,560 sc�.Fr./AC. 43, 5�,o s4 Fr: /,Ac. TOTAL = 0. 51 + 0. 37 } 1. 36 — 2. 24 Ac. PULL 1- 4 EE70 START = 0. S J Ac C. STOP = 0 . � 7 A,:, MlocLE. ARCH = Lx + 43,564 sq. rr. /AC. TOr/a L = 0, S f + 0, 37 4 !, 557 (315°AR.C) I 1. 3!o AC. 3 0-7 �2 ° l . S 9 AC' 43 ,5(0o sq. Fr./Ac. 2, 43 nc. T07A L V4 E77A G LE A C RC--S FIELD No, i 1.10 + 2.24 + 2. 43 = S.`77AC. I+QR.`rH CAWJLlPA CO. FITP q/99 \v-JEI-T,cAGLE. Acres (ExrSTi NG SYSTEM) 3 Ft ELD No 2- 2- - I EE70 (2SO'titA.) (31S°ARC) START = 0. S I AC. STOP = 0. -�7 A . MipDLE AREA = L x Lz _ 3 15+ X �z� + 1,5q AG- 43, 560 Sa.Fr. / AC. r 4-3, SG0 Sq.Fr Ac. - TOTAL' 0. 5I + 0.37 + 1. Sq - 2. 4-7 AC. Pu L- L- 2 - Z. EE70 ( 25U'DIA �3I S °APC.� `rll F-T = O. 5 I AC 0.37 Ac . qo M IonLE AREA = L X z� z 180' X 2�0 ?— _ 0.91 AC. 43, 5G0 Sq.Fr. /A,,. r 43, 1-7(�0 Sq. F-r./AC. To7rAL = 0. 51+ 0.37+ 0. 91 = [.79 Ac, TOTA L W ETTFl B LE, A c(<E,S F I E LD N 0. z 2.47 + I. 79 = ¢, 2 AC. Kop-ru CAPOLI NA Dc t�1 A • G tsaoNS , Tp- , Moo RE Co. 14TP R 1�9 \dCTTwi3LC AcRES (EM STING SYSTEM) 4 q FIELD NO, 3 PULL -3 i EE70 (2SO' DIA-) (315°ARC) STaR`r = 0, S I AC-, S-ro P 0. 37 pc . McDnlrE AREFl = L x wo + L 905 x ,?o _ 4. S7Ac. 43, 5(,0 sq.VT. /AC v 430 sq.F-7. /Ac Tarp L = o. s 1 -- 0. 37 4 4.57 = 5. 45 AC, PULL 3- aE170 (Z50'�1� � C3I5°ARC 5-rA RT = 0. 4(o STOP = 0. 3 Z MICCLE A R eA w L x LS _ 488 x No � � 2. 13Ac. 43,560 sq.r--r./AC. 43,5G0 sq.R-/AC. TOTAL = 0. 46 +0. 3Z `1- 2.13 = 2.9 1 AC- * PULL 3-3 EE 70 (zso '�� ��.) (315 °ARC ) START 0. S I AC, STo P 0, 37 AC, �x wD LS � 25Q �qa �n, ARE,�I= z +— x z z 0,q8 Pr- 4 sq. F-./Ac. 43560 sq.rr./Ac. TOTAL - 051+0.37+ 0-96 - 1,8(o AC. WuVe-T4.4 CAROLINA -DoN A. G,a13oNs,TK,, Moop-e, Co. HS P 9/R4 TIC -'TABLE AcRC7. (EmSYING SYSTEM) 5 q -X PULL 3 - 4 r S SOLID SET A= 77 } 2 A - 3.14 (Izl'L) - I. I I AC. 43, 560 sq,Fr, /AC PULL 3— S E 9 0 + 5"ARC) STRRT = 0. 414 STOP 0. 3 4" M i OQLE AREA = L x (0.9 x 250 x 330 ' x 22-5 ?O roc z 43 SG0 Sq.r--r./AC r q s Go sa . F7-. / A . To7AL = 0,4(o+0.34+ 1.70 = 2,s0Ac. TOTAL 'VVGTTA BLE AcRCS FIELD NO. 3 9.4s + 2.91 + 1.8(0+ 1.11 + 2.TO = 13. 63 Ac. NORTH CAP. 0LIWA -D(zw A. GiGaoNS,TR. , Moopr- Co. Hu P 1/99 WC"rrA,C3LE xlc.rzEs NI]Ep SYSTEM FIELD No. 4- P u L.L. 4- I L= 9-7 5 Ex-rzwu o lz P u LL 4- - Z L = 500' CY,7EP-I bR. lJ Ll_ 4- 3 S o L I o SET PULL 4-4 L= 870' ExTERIOP, T'uu_ 4 - ,5 L= 795 ` IN-rcRioR, -PULL 4- (000/ EITF-RIOK FIELD No. 5 'PULL 5- I L= 42Q Ex--ERlol�, PULL. 5-2 L= 3E5' EvrERroR, PULL 5-3 SOLI() SE-r SYSTEM EX pAo ❑ EG 1r� JANUAp-y 1999 5-1 I HoR.TIA CAROLINA -Dot.► A. GiBBoNS, Tp- , M ccoRC Co. H T P V19 WerrAL LF- ACtuz (EXPRtJ bED SYSTEM 7 9 FI ELF N o. 4 ll� P ULL 4- r N E -70 (2S0' I)iR-) (3150 AK.) S TA RT STOP = 0, z5 AC. Wp 1�5 � 25U i90 M io�L� AREA = L " z z 9i5 x z + 2 _ 4. 92 Ac. 4-3, 560 sq.FT. /AC 43,5bo sq.M AC, r TO-rq L = 0. 3 4 + 0. 25 + 4. 9 Z = S-. 51 AC . PULL- 4-2 NE70 (z50'Drq.} �3f5°ARC) START = o. 34 AC. 5TOP - 0. Z5 AC. w D �5 25o MEDDLE AR q- L X z+ z _ 5oa x 2+ 190 2.53 AC. 43,SGo .Fr./Ac. 43, s(-o sq-r'r-/AC. - To TA L= 0. 3 4 -+- 0. 2 5 -+ 2.5 3= 3. f 2 Ac . PULL 4-3 USE A5 SoLrb SET A = 11 4 124z) _ I. 1 o rr- 43, 560 Sa.Fy' /AC. NAOIZ-'H CARaLrNA -DqN A. Gf(3B0NS,TR. , MaoRG Co. H7 P 9�99 WETTABLE Ar-RE5 (EXPAfJDED SYSTEM) 8 � PULL 4-4 NE70 (zsO'bIA.) {31 S ° ARc ) START = O 3 + Ar . STOP O, ZS AC. M iooLE AREA L X 2� z g70 �x 2�� + 1 z0 — 43, S(,C) sq,Fr./Ac. 43,560 zqAc To-rAL -- 0.34 +0.25 + 4.39 - 4.98 Ar-, PULL. 4 - S NI 70 ( 250 'tiiA, 3 1 5° ARc) START 0. '-)3 S-rop 0. 2.5 M,DDLE AREn = L x L S _ i95 x /40' 4.3, 56 o sq . r-r. / AC . _ 43, 560 Sq . Fr / AC — TOTAL 0.33 + 0.25 -+- 3.47 4, 05 Ac. % PULL 4---(o NE70 {250 Drq.� (315u ARc) START - O. 34 Ac . 4. 39 AG. 3.47A'-. P = 0. 25 Ac. w 0 L.5 M (DbLC AREA = L x 2 + z _ 600'x 220 + r9 _ 3, 03 mac. 43, 5GO Sq Fr / AC _ �3, SG sq. rr', / AC `FO-rAL = 0 - 3 4 + 0, Z5 + 3.03 = 3. Cot Ac. TOTAL EFFECTIVE DESIGN AREA rr ELl-) No, i,10 + 4.9B + 4,o5 + 3.GZ = L2!.38 Ac. RoRTa CAROL-1 Nra Zjoo A. Gte riowS, TR. , MooRE Co, HTP gr99 \4ErrA,sLE ALIZES ExPPaNDED SYSTEM } q 7I ELD t10. 'E PULL 5 -- ! N E 70 (315 ° ARC) START = 0. 3 4 Ac. S70P = 0 25 AC. M! D D L E -2 AREA = L x + 420�x �z + !z 43, 560 Sq.F'r. /AC. 43,5t-0 Sq,Fr. / AC. TpTPAL_ O 34 + 0.2S 4- 2,12- = 2.-7 i Ac. PULL_ 5- Z NE70 (250'D(m.) (3!5°ARC1 START' = 0. 34 Ac.. 0. 25 AC. MI Q DLe AREA = L x zp+'�� a 2, i Z• PC. z0 1.5gAr- 4-3,9GO sq. Er. /AC. 43, 560 sq.rr. /AC . TGTAL- 0.34+0.2.5+1.59 2.18AC, PULL. T - 3 USE AS A SOLID SET A = Trr- A - 73. 14- 1?-4x 1, 1 0 AC, 43,5(0 sq.Fr./AC. - TOTAL EFFCCTI\/[ laic-N AREA MELD No. 5 2.-7I 2.1g+ 1,10 5• 9� qC �y ` .o-) -�ooW S � Q131� IRRIGATION SYSTEM DESIGN PARAMETERS Land ownedope rator Name: Don Gibbons Address: 3796 Bethlehem Church Rd Carthage NC 28327_ Telephone: 910-948-3484 TABLE 1 - Field Specifications' County: Moore Date: 8-21-97 Field Number Approximate Maximum Useable Size of Field3 (acres) Soil Type Slope (%) Crop(s) Maximum Application hate ¢ (inPru) Maximum Application per Irrigation cycle4 (inches) Comments 1 I 9.5 I MOB 1 2-8 lBermuda, Rye I .35 95, 2 I 5.5 1 MOD 3 I I I I I I I I l I I I I l I I I I I I I I I I I I I i I I I 'I• I 1 I I i - I I I I I 'Table to be completed in its entirety by Field Office personnel and forwarded to the irrigation system designer. 'See attached map provided by the Field Office for field location(s). 'Total field acreage minus required buffer areas. 'Refer to N. C. Irrigation Guide, Field Office Technical Guide, Section 11 G. Annual application must not exceed the agronomic rates for the soil and crop use Irrigation. Parameters USDA-NRCS October 1995 page-1 North Carolina TABLE 2 - Traveling Irrigation Gun Settings - Make, Model and Type of Equipment: Kifco. E25A Slurry Reel w/ .7 Taper Bore Nozzle Field Not and Hydrant Noe Travel Speed (ftlmin) Application Rate (inlhr) TRAVEL LANE Effective Effective Yrdth (tt) Length (ft) Wetted Diameter (feet) EQUIPMENT SETTINGS Nozzle Operating Operating diameter Pressure Pressure Arc (inches) @ Gun (psi) @ Reel (psi) Patterns Comments 1--1 I 3.2 I .32 I 190 I 685 I I I 1-2 3.2 I .32 I 190 I 275 I 275 .7 .70 I 106. 270 1-3 13.2 I .32 190 I 410 I 275 .7 I 70 I 106 I 270 1-4 13.2 :32 I 190 I 480 275 .7 70 106 270 I 2-1 1 3.2 I .32 I190 1660275( 70106I270 2-2 13.2 j .32 I 190 I 350 I 275 .7 70 I 106 I 270 j 1 I I 3-1 13.2 .32 I 190 I 1100 I 275 .7 I 70 I 106 2.70 must use alum. to 3-2 13.2 I .32 I 190 { 720 I 275 I .7 I 70 I 106 I 270 3-3 13.2 I .32 I 190 I 300 I 275 I .7 I 70 I10E 270I 3-4 13.2 .32 I 190 I 375 275 .7 I 70 I 106 270 3-5 1 3.2 i .32 11 0 I450I275I I I106-270I I I ! I I I I I I 1 ! I k I I I ! I I 1 • I I I I �I I I I I I I I 1 I I 'See attached map provided by the Field Office for field location(s). 2Show separate entries for each hydrant location in each field. 'Use the following abbreviations for various arc patterns'. F (full circle), TQ (three quarters), TT (two thirds), H (half circle), T (one third), Q (one quarter). May also use degree of arc in degrees. Irrigation Parameters USbA•NRCS October 1995 page-2 North Carolina each TABLE 4 - Irrigation System Specifications Traveling litigation Gun Sofid Set Irrigation Flow Rate of Sprinkler (gpm) 120 Operating Pressure at Pump (psi} 117 Design Precipitation Rate (irdhr) I .32 Hose Length (feet) 880r 'XXXxuf Type of Speed Compensation [Ilech.I [� xxxx ,XXX Pump Type (PTO, En_ine, Electric) PTO Pump Power Requirement (hp) 45 JI Ii l TABLE 5 - Thrust Block Specifications' Designer may provide thrust block details on separate sheet. LOCATIQN THRUSTBLOCK AREA (sq. t.) 90' Bend I 6 Dc2d End I 6 Tee 6 Hydrants 6 Drai i Ground Ent Z-Pie 3See LISDA-NRCS Fi_ld Of ct Technical Guide, S-c-lion IV, Practice Code 430-13D. Irrigation Parameters USDA -MRCS October 1995 page- North Carolina IRRIGATION SYSTEM DESIGNER Name: David Graham Company: Gra-Mac Dist__ributing Cam an Address: 2310 NC RWY.801 N Mocksville NC 27028 Phone: 910-998-3232 REQUIRED DOCUMENTATION The following details of design and materials must accompany all irrigation designs: 1. A scale drawing of the proposed irrigation system which includes hydrant locations, travel lanes, pipeline routes, thrust block locations and bufftr areas where applicable. 2. Assumptions and computations for determining total dynamic head and horsepower requirements. 3. Computations used to determine all mainline and lateral pipe sizes. 4. Sources and/or calculations used for determining application rates. S. Computations used to determine the size of thrust blocks and illustrations of all thrust block configurations required in the system. b. Manufacturer's specifications for the irrigation pump, traveler and sprinkler(s)" 7. Manufacturer's specifications for the irrigation pipe and/or USDA -MRCS standard for Irrigation Water Conveyance, N.C. Field Office Technical .Guide, Section IV, Practice Code 430-DD. B. The information required by this form are the minimum requirements. it is the responsibility of the designer to consider all relevant factors at a particular site and address them as appropriate. 9. Irrigation pipes should not be installed in lagoon or storage pond embankments without the approval of the designer. NOTE: A buffer strip 50 feet wide or wider must be maintained between the limits of the irrigation system and all perennial streams and surface waters per DEHhNR-DEM Code Section 15A NCAC 2B .0200 - Waste Not Discharged to Surface Waters. Irrigation Parameters ., October 1995 paged USDA -MRCS North Carolina r F " GRA�MAC DISTRIBUTING COMPANY Design --- Sales — Service COMPLETE IRRIGATION SYSTEMS TELEPHONE: ADVANCE EXCHANGE (9101 998.3232 (9101 990.3800 NC TOLL FREE 1.800-422.3560 Specifications Sheet Update Loblolly Farms 8-20-97 2310 NC HWY. 801 N MOCKSVILLE. N. C. 27028 1. Acres under traveler coverage is ± 21 acres. 2. System is composed of 4 dry hydrant locations on 4" PR200 PVC pipe and mulitple'travel lanes using Loblolly Farm's existing 4" portable aluminum pipe. 3. The slurry reel is a Kifco model E25A w. 880' of 2.5" ID PE hose and a Nelson SR100 gun. 4. Nelson SR100 gun performance with a .7 taper bore nozzle is 120 GPM, 275' diameter at 70 PSI. 5. Travel lane spacing is ± 190'. 6. Friction loss in 4" PR200 PVC pipe is .32/100'. 7. Friction loss in 4" aluminum pipe is .5/100'. 8. Liquid velocity in 4" PR200 PVC pipe is 2.95'/Sec. 9. Pressure requirements are as follows: Gun 880' of 2.5" ID PE hose 800' of 4" PR200 PVC pipe 680' of 4" aluminum pipe Elevation ± 0 Miscellaneous 10. Application Rate 70 PSI 35 PSI 3 PSI 4 PSI 0 PSI 5 PSI 117 PSI 270 Head Feet 96.3 X GPM X 360 3.14 X (.9 x radius)2 ARC . GRA-MAC DISTRIBUTING COMPANY Design — Sales — Service COMPLETE IRRIGATION SYSTEMS TELEPHONE: ADVANCE EXCHANGE [9101 998.3232 19101 998.3800 NC TOLL FREE 1-800.422-3560 Specifications Sheet Update Loblolly Farms Page_ 2 2310 NC HWY. 601 N MOCKSViLLE, N. C. 2702E 10. Application Rate Cont. 96.3 X 120 360 3.14 X .9 x 137.5)2 X 270 11556 X 1.33 = .32 In/Hr 48086 11. Travel speed is as follows: 19.26 X GPM Lane Space X App. Rate 19.26 X 120 190 X .32 2311 = 38.01 In/Min 60.8 - 3.2 Ft/Min - 192 Ft/Hr 12. Pump is a Kifco model NT120S Slurry PTO pump. 13. Pump maximums are 500 GPM and 150 PSI. 14. Pump horsepower requirement for 120 GPM at 117 PSI is ± 45 BHP. 2-1 r . r 2-2 LAGOON , 1 ' L� CREEK , F IELD A3 / / 1 / / F IELD r 1 ' , 1-2 3-2 3-] _ 3-3 3-4 4 s \ ♦ I-4 , 3-5 `Y