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HomeMy WebLinkAbout770017_ENFORCEMENT_20171231oF �ArE9OG Michael F. Easley, 6, ot William G. Ross Jr., Secreta ca North Carolina Department of Environment and Natural Resources` Q Alan W. Klimek, P.E. Director Division of Water Quality May 23, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Paul Wilson 3208 Gibson Mill Rd. Ellerbe, NC 28338-8426 Re: Notice of Violation/Notice of Intent NOV Sludge Survey Report Wilson's Swine Farm NCA277017 Richmond County Dear Paul Wilson: This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: NPDES Permit Number NCA277017 Condition I11.16 requires a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted. DWQ has not received the Sludge Survey Report for this facility. 2. NPDES permit number NCA277017 condition 111. 19 requires that the permittee respond to the Division's record request within five (5) working days. On May 2, 2007 a Request for Information letter was mailed from the Division of Water Quality requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a response to the request. Required Corrective Action: Please respond to this request by filling out the attached Sludge Survey Report Form for the year 2006 as required by your NPDES permit and return by Friday June 1, 2007 to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwa1eTqua1itv.Q(p Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper N'oM.�hCarolina . Vl luml% 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 Paul Wilson Page 2 5/23/2007 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section of the Division of Water Quality is considering recommending an enforcement action to the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control you should include any such justification along with your written response to this notice. Please note that these violations are subject to civil penalties of up to $25,000 per day per violation. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Miressa D. Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910) 433-3336. Sincerely, a Art Ba ardt Aquifer Protection Regional Supervisor Fayetteville Regional Office cc: APS Central Files NG Purvis Farms Inc. Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District -NJ . Michael F. Easley, Gove:, William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources ` April 3, 2007 CERTIFIED MAUL RETURN RECEIPT REQUESTED Paul Bryan Wilson 3208 Gisbson Mill Rd. Ellerbe, NC 28338-8426 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Wilson's Swine Farm NPDES Permit No. NCA277017 Richmond County Dear Mr. Wilson: Alan W. Klimek, P.E. Director Division of Water Quality 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 I11.12 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 March 30, DWQ in Raleigh had 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 (and sludge report, if due) for the year 2006 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by April 20 to the following address: Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 interrtet: www.ncwater uali .or Location: 2728 Capital Boulevard Raleieh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50°% Recycled110% Post Consumer Paper Telephone; Fax I: Fax 2: Customer Service: (919) 7? (919) (919' {87 f, 4 April 3, 2007 Page 2 Mr. Wilson 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 April 20. 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. Please note that, if you recently requested future coverage under the State Swine Waste Management System General Permit or have already received coverage under the State Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual Certification Report is still required. If you have any questions regarding this letter, please do not hesitate to contact either Joan Schneier at the Fayetteville Regional Office at (910) 433-3333 or Miressa D. Garoma at (919) 715-6937. Sincerely, Art ardt Aquife rotection Supervisor Fayetteville Regional Office cc: Facility File Richmond -77-017 APS Central Files N G Purvis Farms Inc. Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District o�p W A rFgQG Michael F. Easley, Governor 7 r William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources O `C Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Paul Bryan Wilson 3208 Gibson Mill Road Ellerbe, NC 28338 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Wilson's Swine Farm NPDES Permit No.NCA277017 Richmond County Dear Paul Bryan Wilson: 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 1I1.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March I 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 Raleigh, NC 27699-1636 Internet: www.ncwaterauality.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportun4lAffimtative Action Employer— 50% Recydedl10% Post Consumer Paper Telephone: Fax I: Fax 2: Customer Service: ivo Carolina �tura!!y (919) 733-3221 (919)715-0588 (919) 715-6048 (877) 623-6748 Paul Bryan Wilson Page 2 April 25, 2006 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 (9 19) 715-6937. Sincerely, Steph rA'Blapmhardt Aquifer Protection Regional Supervisor cc: Facility File 77-17 APS Central Files N.G. Purvis Farms, Inc. Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District zqzel NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITy FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 15, 2000 CERTIFIED MAIL RETURN RECEIPT REOUESTED W. Bryan Wilson 1180 Jones Springs Rd. Ellerbe, NC 28338 Subject: Notice of Violation/Notice of Intent Wilson's Swine Farm Facility No. 77-17 Permit No. AWS770017 Richmond County Dear Mr. Wilson: 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 211.0217 Permit. On February 28, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Wilson Swine farm located in Richmond County. The inspection revealed that the freeboard level of the lagoon was approximately six inches, which is less than the minimum required for structural stability of the lagoon (less than 12 inches) The General Permit condition 111.6.e. states: " The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." Based on the liquid level observed and by failing to report the level as required in your Permit, it has been determined that you are in violation of your Permit. It was also determined that the liquid level gauge within the lagoon does not reflect the low point of the lagoon and cannot be read when the level is less than 19 inches. The Division of Water Quality requests that the following item(s) be addressed: I . If not already accomplished, lower the lagoon to the required freeboard as specified in your Certified Animal Waste Management Plan (CAWMP) and/or your Permit in a manner that is consistent with your CAWMP and your Permit. 2. Consult a technical specialist to modify your lagoon marker to reflect the low point in the dike and to reflect the amount of freeboard above the start pu , I elevation. r GROUNDWATER SCCTIC 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE. NORTH CAROLINA 26901 -SI PNONB: 910-486.1541 FAX: 910-4a6-0, AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST -CONSUMER/ DENR TOLL FREE HOTLINE: 1-677-67 Mr. Wilson 3-15-00 Page 2 Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions -for this violation or any past or future violations. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 25, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1517 Mail Service Center Raleigh, North Carolina 27699-1617 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John C. Hasty, Jr., Environmental Specialist, at (910) 485-1541. S' c ly Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant -Compliance Group Vilma Mendez -Richmond Co. NRCS Trent Allen-DSWC Fayetteville Office Tony Moore -N. G. Purvis Farms Central Files -Raleigh Richmond Soil a Water Conservation Duct P.O. Box 727 - Rockingham, NC. 28380 Phone (910) 997-8244 - Fax (940) 997801 March 24, 2000 To Whom It May Concern: We have recently received copy of a Notice of Violation for Mr. Bryan Wilson Facility # 77-17 have been in contact with Mr. Wilson and we have set an appointment for next week to set the pump markers for his Swine Lagoon. Regrettably we could not set a date sooner than the week of March 27, 2000 due to conflicting schedules. I will correspond with you again as soon as we get the markers set. Thank You: Tina Mabe District Technician Richmond Soil & Water Conservation District RECC�0''v MAR 27 20 FAYMEVILLE REG. OFFICE © p -je AJC4 6 -A -IRC j8r d,'si Q.a p41 L�� r Kid- J ptL pJ,,iic��)1 ��,r ve - C/06 -r-) erle1 � � �G `"f0. opJ I eue f0 5 � f ve v -P -1-k e /? &Qard le- Je-I ,Q ' 14,5 o e,0 level w T4s c�re�4p ec� `fie err r'.0 e S be -low -tee /b uj e p O "J 1 �i [ Iy� i Q N e ► r �-� / �'�,r% L P&r, QQQ ��� r45' '{"� Mt @, ��rw. '{"fit. /A{ OOA3 p r AO -11 �'iyC�e/ dcs� P7't 4,¢ ke.,- u�t� {'�Ge+ �f8 16I�+crc o %�.4n7d "1444 4,p %rt7 .rg,�y W s e si,�Ce 444-T =^, ��C'cordq.✓�� jo A wt) JAIIJ A-01+ 14+11C Oar � �2 �] %A�1 r �r C! T ► D �? �� �+. �� 4A, ,mq , -47 s 74 //a c-�,'� j.sem f} . ��' .. T -- �, ,q�s ,vol `�'�, +�'" tV ,'-S in s1N (1�Ao r `fn Cell ,O AJQ p,., ►t I o o .o Aedel r,se's ,g o oe -ti;(e FIECH ED -� 2 ' 2000 Ind wf O w �d G9 i �. ,a o� �{ ��-o-.c�.� � ,.f "�� et��•J'� A`� �4 � �.nc.r� ,e�Cy e r" -4 d4wL rvd /Uu-`,-,'&A$ Aix ftp .�¢ j�orir+. J �4 brok�rJ �f/U.ej7�ii�/ �r jig AS oo,►� xa we ke ,r o t" O be r e c c .v sJru c-1r&1 -(-a 5A o a.; %NUS Above +ke s4,;-r+ pap--e5 teoc l 4,o flee l o cwc� pv,'AJ-f - ©`P e %a t he % ao .,� W *--s M *We up �Av, J / Aa-N01 f r-gwi N3 5J Q#,jj 5 �a s�iow jejels - 4-('e. ooe 9- feG�N�c�� s �,a-1 s r` ► 1U R c s . 7-t► e e,e, 74 4h A4- r' S /flWG'ST o.a (1lC' Semon Tom' /i� A. B 3��"e laiDo.J leve- A�QPL'Ar e ire e A dAw4( q,ke /45.'+) Ufa /uC�2s 6't R IcA.,j s v •{ t -F a.�%e -7 aeLj ~t4er aw �� y,4,j rnq � � �s � N o" =� rn�rn �' o � � CL I zIz � 0 L � r� CL I 3 00 L � CL I 1. Get with a technical specialist to get lagoon marker installed to reflect the low point in the lagoon. 2. Lower the level of the lagoon to the required nineteen inches, weather permitting. Please provide a written response to this office on or before May 25, 1998 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from this deficiency. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301 r PHONE 910-466-1541 FAX 91 O-4/ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSU►' fin.- ^Y . 'F'• • ^ .t A, f " NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE R- NCDENR DIVISION OF WATER QUALITY ". JAMES B. HUNT JR " `•�_. May 4, 1998 - _ GavcRNOR F ' i CERTIFIED MAIL RETURN RECEIPT REQUESTED WAYNS t4CDEVITT ,. ,- � • •''�.:. SECRETARY X^� Mr. Bryan Wilson 1180 Jones Springs Church Rd. Ellerbe, NC 28338 Subject: Notice of Defciency faA` Administrative Code 15A NCAC 2H .0217 Wilson's Swine Farm Facility No. 77-17 Richmond County ,.., ' .`t.,:•`� Dear Mr. Wilson: On April 24, 1998, staff from the Fayetteville Regional Office of the �_.,... Division of Water Quality performed an inspection of your farm located in " Richmond County. The inspection revealed that the freeboard level was not '- within the required nineteen inches. Also, there was no marker in the lagoon to indicate the required level of freeboard The Division of Water Quality requests that the following item(s) be addressed: 1. Get with a technical specialist to get lagoon marker installed to reflect the low point in the lagoon. 2. Lower the level of the lagoon to the required nineteen inches, weather permitting. Please provide a written response to this office on or before May 25, 1998 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from this deficiency. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301 r PHONE 910-466-1541 FAX 91 O-4/ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSU►' Mr. Wilson 5-4-98 Page 2 If you have any questions regarding this matter, please do not hesitate to contact Mr. John Hasty, Environmental Specialist, at (910) 486-1541 Sincerely, hn C. Hasty, Jr. Environmental Specialist cc: Sue Homewood - Compliance Group Vilma Marra -Richmond Co. MRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh FEB -28-00 MON 06:49 PM ASC COLLINS t 1 910 592 2080 P.01 �n Robert Y. Hwth sleal+'nay« of je-pic ievic/ 411 �,e dj pe"cies- Ivi W e +re. re-vo (V A s c -V A-p- of I.Eve 6e�eh z - ��-� �Ws gee � Y -e ►-c�v�o� /gS ao eve sl vi cere l 0 Z2a00 '/Our le `'Pr firs" WPeL 02/29/2000 07:04 9106522116 COMM. PAUL WILSON JR PAGE 01 t PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 'Facility Number: -7-7 �,'�)tw on C/ 2 -2F-co Q.& Faculty l Name: I SO n) S CertinedOperator Name: 2r ,,i . 6J,* /So aj Operator 1. Current liquid level(s) in 'inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 9 Structure 2 Structure 3 Structure 4 Structure 5 Structure B Lagoon, Name/ldentifier (lD): "/ Spillway (Yes or Noy Level (inches): .A -if ;�— . 2. Chedc all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures_ Five and 30 day Pians of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one ormore structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of writhe to a site not covered lin the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: g I. hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, 'and to the best of my knowledge and ability, the information is accurate and correct Phone: ��� ol 3, OwnerlNlanager (print) POA 'Cover Page 2121100 02/29/2000 07:04 9106522116 COMM. PAUL WILSON JR PAGE 02 Date: �dZjk`43D OwnerManager (signature) POA Cover Page 2121/00 92129/2889 97:84 919652216 COMM. PAUL WILSON JR PAGE 03 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): — 1 7 2. Current liquid volume in structural freeboard a_ current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d. 'top of dike surface area according to design (area at below structural freeboard elevation) e. line x line d x 7.48as llons 12 V _ inches _ Zg inches 3. Projected volume of waste liquid produced during draw down period inches dMballons f. temporary storage period according to structural design F() days g. volume of waste produced according to structural design ft3 h. actual waste produced = current herd # x line g = Ssw ft' certified herd # i. volume of wash water according to structural design *1(k� j. excess rainfall overevaporation according to design t cd—a ft° �bo{tee- k. (lines h + i + j) x 7.48 x 5_ days =1257X7 gallons fine f 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 54,5'7 gallons REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS POA (0 Dry) =1100 1 02/29/2000 07:04 9106522116 COMM. PAUL WILSON JR PAGE 04 [I. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Da-] -7 2. structure ID: 3. structure ID: 4. structure ID: 5. structure ID: 6. structure ID: n. I1nes9+2+3+4+5+6 o_ line n 27,154 line I = gallons line I = gallons line I = gallons line I = gallons line I = gallons line I = gallons 'J 34r Si? -gallons 35e2-3 acre4nehas III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD.72 ' While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan 2 Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste x. total acres available during 5 day draw down (sum of column t) = t acr 1 PDA (5 Dsy) 2121100 2 .: ._ remaining..u. IRR -2 PAN balance F r • rate Qn/hr) ►SI r� x. total acres available during 5 day draw down (sum of column t) = t acr 1 PDA (5 Dsy) 2121100 2 02!29!2000 07:04 9106522116 COMM. PAUL WILSON JR PACE 05 IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE Y. line. o = 7 /15 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc.. For pump & haul and herd reduction options, recalculate new hydraulic load based on new Information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g./ Is there water standing in field; does irrigation equipment mar down in field; "trafficability" across soils; will soils absorb application without runoff etc.) , plp,64P10'i w• `f �^ 1vi i!jLfi�S Cy 2. Date and amount of last rainfall event? a - e[ ? -O O (O, a i 'jCk e 5 3. Dates of last waste application event per field r+ C ld -V _ `117 15r i 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line 'n° at appropriate seasonal (i.e. winter) application rates within five days? yes 5, Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, 'o" rings, operating time, travel speed, etc. to meet proposed changes in application rates and amounts; and any other information for consideration use_.-�� .. ..TA< r,c 400- 5 P'`"s r� •��wt l;:yW s4 -e 02 _t2g-00 '`A' f -f c-ve! S44'4" 0 S 7a '4.5Z1_ AQpc s PoA ($ Day) 2121M Pc! foo jel 'ci, '0-F t.�A.r-1 c.11 -')f 3 92!2912089 07:04 9106522116 COMM. PAUL WILSON Jif PAGE 06 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPUED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): `x —L2 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c x line d x 7.4Bloe I nsfro = 12 S inches inches inches 12 19A,11�l ftp 2 - SS 2 2 SZ? gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design days g. volume of waste produced according to structural design S 9�t tJ�l7 ft3 h. actual waste produced = currant herd # x line g =4 .yt] ft3 certified herd # i. volume of wash water according to structural design %a�drdt' j. excess rainfall over evaporation according to design t rs : ''�C�� ."'� k. (lines h + i +i) x 7.48 x 3_ 0 dates = gallons line f 4. Total PAN to be land applied during draw down period I. current waste analysis dated a Qb -7 S Q lb/1000 gal. m. lines e + k x line I :9VIS.01b PAN 1000 REPEAT SECTION I FOR -EACH WASTE STRUCTURE ON SITE PoA (30 Day) 2121100 1 62/29/2006 67:64 9106522116 COMM. PAUL WILSON JR PAGE 67 11, TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: line m 5y1b PAN 2. structure ID: line m = Ib PAN 3. structure ID: line m = lb PAN 4. structure ID: line m = lb PAN S. structure ID: line m = Ib PAN 6. structure ID: line m = Ib PAN n. lines 1 +2+3+4+5+6 Ib PAN 111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT RE APPLIES nURING THIS 30 nAY PERInn_ o. tract # p. field # q. crop r. acres s. remaining IRR -2 PAN balance (fb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' r 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day drawn down period v. Total PAN available for all fields (sum of column t) b. PAN PGA (30 Day) Z71M 2 AA 4 1 - 0212912000 07:04 9106522116 COMM. PAUL WILSON JR PAGE 08 IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) a I/, ,, ' • Ib. PAN x. Crop's remaining PAN balance (line v from section III) = y. �` : Ib. PAN Y- Overall PAN balance (w - x) = Ib. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility- provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PoA (39 Day) invoa 3 F WArF �� /4Q G Michael F. Easley, Governor �C co bua) William G. Ross Jr., Secretary 7 r- North Carolina Department of Environment and Natural Resources 0 C Alan W. Klimek, P.E. Director Division of Water Quality June 6, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bryan Wilson 3208 Gibson Mill Rd. Ellerbe, NC 28338 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Wilson's Swine Farm NPDES Permit No. NCA277017 Richmond County Dear Mr. Wilson: 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 M.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 2004 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by July 6, 2005 to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 No Carolina �atura!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httpJ/h2o.cnr.statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Dpporlun4lAlfirmapve Action Employer— 50% Recyded/10% Post Consumer Paper Mr. Wilson Page 2 June 6, 2005 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 July 6, 2005. 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 one of the Aquifer Protection staff members at 910-486-1541 or Keith Larick at (919) 715-6185. Sincerely, Step Barnhardt'L G Aquifer rotection Regional Supervisor cc: Facility File 77-17 APS Central Files Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District