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Home My WebLink About780020_ENFORCEMENT_20171231i \NA77F Michael F. Easley. Governor 19 William G. Ross Jr.. Secretary North Carulina Department of Environment and Natural Resources Cn 7 Alan W. Klimek, P. E. Director Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality November 14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. George McLean 31201. W. Road Fairmont, NC 28340 Subject: NOTICE OF VIOLATION George McLean Farm Facility No. 78- 20 Robeson County Dear Mr. McLean: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit_ On October 23, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality were called to your farm at the request of Danny Edwards, Division of Soil and Water Conservation_ Mr. Edwards was conducting an operational review and had concerns about swine waste that was ponded in several locations on your farm. These areas were in the waterway that dissects the field between the hog houses and the turkey houses. The lagoon dike wall near the pump was saturated from an apparent air relief valve leak. This material was contributing to ponded waste in the tire ruts located near the low corner of the field. This corner had a natural drain leading into an adjacent head of woods. Mr. Paul Sherman, Mr. Larry Baxley, and Mr. Edwards spoke with Mr. George McLean and his son Dean about matching and adapting irrigation procedures to the environmental conditions present at the time of irrigation. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication of waste either agronomically or hydraulically. 2. inspect spray fields before and during irrigation to prevent application of waste onto standing water and excessive ponding. Special emphasis should be placed on low-lying sections of fields where wastewater may collect. 3. Modify application equipment or spray procedures to prevent the spraying of wastewateW�► onto areas of soil saturation or standingwater. MEUNR N- C. Division of Water Quality 225 Green Street -Suite 714 Fav,�tteville, North Carolina 28301 (910)486-1-541 Fax(910)48&0707 Customer service 1-877-023-6748 Mr. George McLean 11-14-03 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 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 \%ritten response on or before December 10, 2003 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr_ Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. I aul a... iXuvv13 Regional Water Quality Supervisor LCB:PR/lcb cc: Keith Lan'ck - Compliance Group Dana Ashford - Robeson Co. NRCS Danny Edwards - DSWC Fayetteville Office Central Files - Raleigh M C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (410) 486-1541 Fax (910) 486-0707 WXWI NCURR Customer Service 1-877-623-6743 W A TERQ Michael F. Easley, Governor G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources `Q Alan W. Klimek, P. E. Director `-! Division of Water Quality p Coleen 13. Sullins, Deputy Director Division of Water Quality November l4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. George McLean 3120 J.W. Road Fairmont, NC 28340 Subject: NOTICE OF VIOLATION George McLean. Farm Facility No. 78- 20 Robeson County Dear Mr. McLean: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H.0217, you have been found to be in violation of your 2H.0217 Permit. On October 23, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality were called to your farm at the request of Danny Edwards, Division of Soil and Water Conservation. Mr. Edwards was conducting an operational review and had concerns about swine waste that was ponded in several locations on your farm. These areas were in the waterway that dissects the field between the hog houses and the turkey houses. The lagoon dike wall near the pump was saturated from an apparent air relief valve leak. This material was contributing to ponded waste in the tire ruts located near the low corner of the field. This corner had a natural drain leading into an adjacent head of woods. Mr. Paul Sherman, Mr. Larry Baxley, and Mr. Edwards spoke with Mr. George McLean and his son Dean about matching and adapting irrigation procedures to the environmental conditions present at the time of irrigation. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication of waste either agronomically or hydraulically. 2. Inspect spray fields before and during irrigation to prevent application of waste onto standing water and excessive ponding_ Special emphasis should be placed on low-lying sections of fields where wastewater may collect. 3. Modify application equipment or spray procedures to prevent the spraying of wastewater w, onto areas of soil saturation or standing water. NCDEit N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, Noah Carolina 28301 (930) 4216-1541 Fax(I)10)486-0707 Customer Service 1-877-623-6748 Mr. George McLean 11-14-03 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 violation_ Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,040.00 per day per violation. Please provide this office with a written response on or before December 10, 2003 as to the actions taken or proposed to be taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. aui i.. 1,avr[a Regional Water Quality Supervisor X . ' I'MRI cc: Keith Larick - Compliance Group Dana Ashford - Robeson Co. NRCS Danny Edwards - DSWC Fayetteville Office Central Files - Raleigh N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 28301 (410) 486-1541 Fax (910) 486-0707 NCDENR Customer Service 1-877-623-6748 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 November 12, 2003 Mr. George McLean 3120 J.W. Road Fairmont, North Carolina 28340 SUBJECT: Operation Review Notice of Referral for George McLean Farm, Facility Number 78-20 Robeson County Dear Mr. McLean, I Tk I A0. WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOV r 3 200 i On October 23, 2003, an operation review was conducted of George McLean Farm, facility number 78-20, in Robeson County. This review, undertaken in accordance with G.S. 143- 215.10D, is one of two routine site visits scheduled for all subject animal operations in 2003. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following item was noted: • Swine waste was ponded in the waterway that crosses the spray field. The swine waste came from a recent irrigation event in which the irrigation gun was pulled across the waterway. Waste from a nearby leaking air relief valve had also ponded near the end of the waterway. 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. 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. George McLean November 12, 2003 Page 2 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. 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: Paul Rawls, Division of Water Quality' Dana Ashford, Robeson Soil & Water Conservation District Kraig Westerbeek, Murphy Farms Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Technical Assistance Site Visit Report *Division of Soil and Water Conservation O Natural Resources Conservation Service O Soil and Water Conservation District Other... Facility Number 78 - 20 Date: 10/23/03 Time: 1 9:30 Time On Farm: 360 FRO Farm Name George McLean Farm County Robeson Mailing Address 3120 J.W. Rd Fairmont NC Phone: (910) 628-9601 28340 Onsite Representative George McLean Integrator Murphy Brown Type Of Visit Purpose Of Visit ® Operation Review ❑ Compliance Inspection (pilot only) ❑ Technical Assistance ❑ Confirmation for Removal ❑ No Animals -Date Last Operated: ❑ Operating below threshold IN Swine ❑ Poultry ❑ Cattle [I Horse OO Routine O Response to DWQ/DENR referral O Response to DSWC/SWCD referral O Response to complaintllocal referral Q Requested by producer/integrator O Follow-up O Emergency O Other... Design Current Design Current Capacity Population Capacity Population E] Layer ❑ ®Wean to Feeder 7104 7104 El Feeder to Finish Non -Layer ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Dairy ❑ Non -Dairy ❑ Other GENERALQUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structurel Structure 2 Structure 3 Structure 4 Structure 5 Identifier Level (Inches) 1 33 CROP TYPES coastal Bermuda -graze mall grain overseed SPRAYFIELD SOIL TYPES NoB WaB 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 ❑ Dairy ❑ Non -Dairy ❑ Other GENERALQUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structurel Structure 2 Structure 3 Structure 4 Structure 5 Identifier Level (Inches) 1 33 CROP TYPES coastal Bermuda -graze mall grain overseed SPRAYFIELD SOIL TYPES NoB WaB 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 ❑ Other GENERALQUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? ❑ yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3. Does any problem pose an immediate threat to the integrity of the waste structure (large trees, ❑ yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5- Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structurel Structure 2 Structure 3 Structure 4 Structure 5 Identifier Level (Inches) 1 33 CROP TYPES coastal Bermuda -graze mall grain overseed SPRAYFIELD SOIL TYPES NoB WaB 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 Facility Number 78 - 20 Date: 10/23/03 PARAMETER Q No assistance providedfrequested ❑ 8_ Waste spill leaving site TECHNICAL ASSISTANCE Needed Provided ❑ 9. Waste spill contained on site 10. Level in structural freeboard 25. Waste Plan Revision or Amendment L1 11❑ ❑ 11. Level in storm storage 26. Waste Plan Conditional Amendment ❑ ❑ 27. Review or Evaluate Waste Plan w/producer ❑ 12. Waste structure integrity compromised 28. Forms Need [list in comment section) El El El 13. Waste structure needs maintenance 29. Missing Components (list in comments) ® ❑ ❑ 14. Over application >= 10% & 10 lbs. 30. 2H.0200 ❑ ❑ ❑ 15. Over application < 10% or a 10 lbs. re -certification ❑ 16. Hydraulic overloading 31. Five & Thirty day Plans of Action (PoA) ❑ ❑ 32. Irrigation record keeping assistance ❑ ❑ ❑ 17. Deficient irrigation records ❑ 18. Late/missing waste analysis 33. Organizelcomputerization of records ❑ ❑ ❑ 19. Late/missing lagoon level records 34. Sludge Evaluation ❑ ❑ ❑ 20. Late/missing soils analysis ❑ 21. Crop needs improvement 35. Sludge or Closure Plan ❑ ❑ ❑ 22. Crop inconsistent with waste plan 36. Sludge removal/closure procedures ❑ ❑ 37. Waste Structure Evaluation ❑ ❑ ® 23. Irrigation maintenance deficiency ❑ 24. Deficient sprayfield conditions 38. Structure Needs Improvement ❑ ❑ 39. Operation & Maintenance Improvements ❑ ❑ 40. Marker check/calibration ❑ ❑ Regulatou Referrals 41. Site evaluation ❑. ❑ ® Referred to DWQ Date: 10/23/2003 42. Irrigation Calibration El El F-1 Referred to NCDA Date: 43. irrigation design/installation ❑ ❑ ❑ Other... system Date: 44. Secure irrigation information (maps, etc.) ❑ ❑ LIST IMPROVEMENTS 45. Operating improvements (pull signs, etc.) ❑ ❑ MADE BY OPERATION 46. Wettable Acre Determination ❑ ❑ 1 47, Evaluate WAD certification/rechecks ❑ ❑ 48. Crop evaluation/recommendations ❑ ❑ 2. 49. Drainage work/evaluation ❑ ❑ 50. Land shaping, subsoiling, aeration, etc. 51. Runoff control, stormwater diversion, etc. ❑ ❑ ❑ ❑ 3 52. Buffer improvements ❑ ❑ 53. Field measurements(GPS, surveying, etc.) ❑ ❑ 4. 54. Mortality BMPs ❑ ❑ 55. Waste operator education (NPDES) ❑ ❑ 5• 56. Operation & maintenance education ❑ ❑ 57. Record keeping education ❑ ❑ 6 58. Croplforage management education ❑ ❑ 59. Soil and/or waste sampling education ❑ ❑ 03/10/03 Facility Number 78 - 20 Date: 1 10/23/03 COMMENTS: Waste samples: 2128103 -- 1.7 I 5/16/03 -- 2.0 8/14/03 -- 1.2 I 3. Fix leaking air relief valve at irrigation pump hookup. May need to install a check valve at irrigation pump hook- up to revent waste from leaking out of irrigation pipe. Waste was ponded around irrigation hook up and had run down lagoon '. Be sure to follow irrigation design when making irrigation pulls. Pull 5 is shown behind house. Be sure to follow pumpi ndows listed in waste plan for bermuda and small grain. Bermuda pumping window ends the end of September. )te: Be sure not to apply greater than 27,154 gallons per acre of swine waste per day. Waste appeared to be ponded in waterway that crosses spray field between hog houses and turkey houses. Could not if waste had left field and entered natural drain at edge of field. DWQ will be notified to look at this. I. Keep copy of C.O.C. and general permit with farm paper work. I will mail a copy of C.O.C. and permit. ell maintained lagoon. TECHNICAL SPECIALIST jDanny Edwards SIGNATURE Date Entered: 1115103 Entered By: jDanny Edwards 3 03/10/03 ft George MdLean Farm December 3, 2003 Paul E. Rawls N.C. Department of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301 3120 J.W. Road Fairmont, NC 28340 (910) 628-9601 Subject: Notice of Violation letter dated November 14, 2003 Dear Mr. Rawls, DEC 4 M In response to Item # 1, this is to certify there will be no overapplication of waste either hydraulically or agronomically. Item 2, we have set it up so that all spray fields vAll be checked for standing water and excessive ponding to insure this problem never occurs again. Item 3, we have a procedure in process to prevent any spraying of waste water onto areas of saturated soil or standing water. Please find enclosed invoices of work done to equipment to to insure we have complied with all regulations, If you have any questions please do not hesitate to call me at (910) 628-9601. Sincerely, 1 In C George McLean TBMIGM ENCLOSURES BILLY'S IRRIGATION SERVICE, INC PO BOX 38 TEACHEY, NC 28464 Phone:990-285-9600 SOLD TO: GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 r:v.o, INVOICE INVOICE NO. DATE PAGE 5186 11/18/03 1 of 3 COST ID : MCLEAN G SHIP TO : GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 022„-0366-1 1 EACH Y 22.29 22.29 TACH ,BELT TR-CKV-FL-4 1 EACH Y 327.47 327.47 4” FLANGED -CHECK VALVE 022-"0.12 0-'0 " 1 EACH Y 241.72 241.72 TACH' PARTS ' 1 EACH Y 5.25 '5'.25 2" COUPLING B08 2 EACH Y 0.60 1.20 BUNA-N STD GSKT 4" 9748 1 EACH Y 10.71 10.71 ANTI SEIZE 120SS10 1 EACH Y 157.99 157.99 S/CHK,THRD,COMP.DISC,SPRING 3 K15 1 EACH Y 57.54 57.54 3" MPT X 6" FML RL - K47 2 EACH Y 10.86 21.72 6" TRAVIS CLAMP OEC20803 2 FOOT Y 0.92 1.84 1/4" HOSE (TUBING) MATCOP 2 EACH Y 40.37 80.74 2" X 4' GALV PIPE 99_56-001 1 EACH Y 29.00 29.00 BODY ASSY 10OR K56 1 EACH Y 44.88 44.88 AV -200'.- C85-91 1 EACH Y 4.63 4.63 CLAMP 85-91 BILLY'S IRRIGATION SERVICE, INC PO BOX 38 TEACHEY, NC 28464 Phone: 910-285-9M SOLD TO : GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 INVOICE INVOICE NO. DATE PAGE 5186 11/18/03 2 of 3 CUST iD MCLEAN G SHIP TO GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 875-4845-0 5 FOOT Y 3.62 18.10 #40 CHAIN 302-4845-0 1 EACH Y 0.55 0.55 #40 CONNECTING LINKS OEC24848 I EACH Y 5.47 5.47 MALE ELBOW OEC24838 1 EACH Y 4.65 4.65 MALE CONNECTOR A20PHLK200 1 EACH Y 70.88 70.88 PSI GAUGE WFGV0625 16 EACH Y 0.18 2.88 FLAT WASHER HDG 5/8" RRFF150 2 EACH Y 6.94 13.88 4" FLG KIT 1/8 THK GSKT 854-040 2 EACH Y 15.19 30.38 4" FLANGE SCH 80 PIPE -4C200 3 FOOT Y 1.05 3.15 4" C200 PVC PIPE S3130480 I EACH Y 36.44 36.44 4" SADDLE CLAMP 10003 3 EACH Y 7.25 21.75 CONCRETE 109-040 2 EACH Y 21.24 42.48 4" REPAIR COUPLING HARCO LABOR 15.5 EACH N 65.00 1,007.50 LABOR MILEAGE 360 EACH N 0.75 270.00 MILEAGE BILLY'S IRRIGATION SERVICE, INC PO BOX 38 TEACHEY, NC 28464 Phone:910-285-9680 SOLD TO : GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 RENTAL BACKHOE RENTAL MILEAGE MILEAGE A FINANCE CHARGE AT 1.50% PER MONTH INVOICE INVOICE NO. DATE PAGE 5186 11/18/03 3 of 3 COST ID : MCLEAN G SHIP TO : GEORGE MCLEAN FARMS 3120 J W RD FAIRMONT, NC 28340 1 EACH N 180 EACH N 200.00 1.00 200.00 180.00 WILL BE CHARGED ON BALANCES OVER 30 Itemized Subtotal 2,915.09 DAYS OLD. Sales Tax 12.58 THANK YOU FOR YOUR BUSINESS. Subtotal 2,927.67 ....:.:.,.....,..::.,..Y�.�`.->x=�-...,�:.,,.:::nd,.:: ..�dar.•:>:o-:.�:wkuysc,m ; . �.4 A.a.:,. ,;;s,�.»rw.<:asv;o-;; - - ..5. �-:k wa:Mx ................. -n ............. 2,927.67 .