780045_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental W6
2 ly

,�-
� NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 18, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Sandy Evans
1305 Marietta Road
Fairmont, NC 28340
SUBJECT: NOTICE OF DEFICIENCY
Sandy Evans 19-20 Swine Facility
Registration No. 7845
Robeson County
Dear Mr. Evans:
On June 13, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Sandy Evans 19-20 swine facility. It
was observed that the CAWMP field numbers and the waste application field
records did not correspond resulting in confusion - In addition, the lagoon
freeboard records were not being maintained weekly in accordance with the
General Permit. Also, the lagoon banks need a suitable grass cover on the
bare areas to prevent erosion of the liner.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Begin immediately maintaining lagoon freeboard records weekly for
all lagoons in accordance with the General Permit.
2. Have your CAWMP rewritten to correspond with the the irrigation
design recently completed for the facility to include all fields.
3. Continue efforts to establish a suitable grass cover on the lagoon
banks to prevent erosion.
Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from
these deficiencies.
2 0 t 0
225 GREEN STREET, SUITE 714 / SYSTEL ULD. F'AYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEOl10% POST -CONSUMER PAPER

Mr. Sandy Evans
Page 2
.lune 18, 2000
If you have any questions concerning this matter, please call Robert Heath, at (910) 486 -
1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc. Operations Branch
CentraVF'iles
Trent Allen - FRO DSW
Ed Holland - Robeson Co. NRCS
Glen Clifton - Prestage Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DMSION OF WATER QUALITY
July 2, 1998
CERTIFIED MAIrL
RETURN RECEIPT REQUESTED
Sandy Evans
I305 Marietta Rd.
Fairmont, NC 28340
SUBJECT: NOTICE OF DEFICIENCY
Sandy Evans
Registration No. 78 - 45
Robeson County
Dear Mr. Evans:
On May 29, 1998, staff from the Fayetteville Regional.Office of the Division
of Water Quality inspected the Sandy Evans 19-20 Farm swine facility. It was
observed that there was several small trees around the inside and back slopes of
the newer lagoon. The older lagoon also contained large trees along the top and
the back slopes of the lagoon dike. There was some erosion problems observed
along the edges of the buildings that need to be addressed. It was also noted that
waste had been applied to approximately a four acre field that was not in the
Certified Animal Waste Management Plan (CAWW).
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Remove the emerging trees from the banks of the newer lagoon to prevent any
type of structural damage. Consult with a technical specialist concerning the
removal of the larger trees on the dikes of the older lagoon. At time of inspection
Mr. Evans stated that the technical specialist expressed that it would be more
harmful to the structure to remove the trees than to just simply allow them to
remain in place. If this is the case, a letter from the technical specialist concerning
this matter needs to accompany the CAWMP.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX910-ASS-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509b' RECY"EOl10%POST-CONSUMER PAPER

Page 2
Sandy Evans 19-20
July 2, 1998
2. Consult with a technical specialist for assistance in regards to correcting the erosion problems
around the buildings.
3. Contact a technical specialist in order to update CAWNIP to include the additional four acre field
if waste is going to be applied on this field in the future.
Please provide a written response to this office on or before July 24, 1998 regarding corrective
actions taken or planned. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these deficiencies. If you
have any questions concerning this matter, please call Jeffery Brown, at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS
Prestage Farms

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 2, 1998
CERTIFIED MAIL
RETURN RECEIPT REOUESIED
Sandy Evans
1305 Marietta Rd.
Fairmont, NC 28340
SUBJECT: NOTICE OF DEFICIENCY
Sandy Evans
Registration No. 78 - 45
Robeson County
Dear Mr. Evans:
On May 29, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Sandy Evans 19-20 Farm swine facility. It was
observed that there was several small trees around the inside and back slopes of
the newer lagoon. The older lagoon also contained large trees along the top and
the back slopes of the lagoon dike. There was some erosion problems observed
along the edges of the buildings that need to be addressed. It was also noted that
waste had been applied to approximately a four acre field that was not in the
Certified Animal Waste Management Plan (CAV W).
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Remove the emerging trees from the banks of the newer lagoon to prevent any
type of structural damage. Consult with a technical specialist concerning the
removal of the larger trees on the dikes of the older lagoon. At time of inspection
Mr. Evans stated that the technical specialist expressed that it would be more
harmful to the structure to remove the trees than to just simply allow them to
remain in place. If this is the case, a letter from the technical specialist concerning
this matter needs to accompany the CAWMP.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26901-SO43
PHONE [phone] FAX BI O-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER

Page 2
Sandy Evans 19-20
July 2, 1998
2. Consult with a technical specialist for assistance in regards to correcting the erosion problems
around the buildings.
3. Contact a technical specialist in order to update CAWNIP to include the additional four acre field
if waste is going to be applied on this field in the future.
Please provide a written response to this office on or before July 24, 1998 regarding corrective
actions taken or planned. Nothing in this letter should be taken as absolving this facility of the
responsibility and liability of any violations that have or may result from these deficiencies. If you
have any questions concerning this matter, please call Jeffery Brown, at (910) 486-I541.
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS
Prestage Farms

DENR-FRO
JUL 2 9 2013
July 26, 2013
To: Mr. Berhardt
From: Sandy A. Evans
Re: Violation Response —CQ' • 78- Y6—
Violation
g_
Violation 1 and 2:
The old lagoon had a free flowing transfer pipe running into a subsequent structure;
therefore a marker was not required. Because a marker was not required, I was not
aware the pond was not at the appropriate level.
Violation 3:
I did not know there was a possible seep in the west wall of the new lagoon, until
notified by the inspector.
Corrections:
I have pumped the lagoon down to ensure there is no danger of an overflow in the old
storage pond. As of July 23, 2013 the two facilities using these lagoons were emptied
and no further waste will empty into the lagoons. No pigs will be placed in the houses
until all corrections are made and there is no seepage problem. As soon as the plan is
approved by the technical specialist, I will complete the requirements to bring the
lagoons into compliance. I appreciate all the help given by the inspectors during this
time.
Sincerely,
Sandy. Evans
Enelo5ur6: 51,LA e, (�{e�e�ts

tttt�
!*pendix 1. Lagoon Sludge Survey Form
A. Farm Permit or DWQ Identification Number
• B. Lagoon Identification
C. Person(s) Taking Measurements
D. Date of Measurement
E. Methods/Devices Used for Measurement of:
Revised August 2008
78 - Y
a nn v s int ren
/I -.-2Q- 1-1�.
a. Distance from the lagoon liquid surface to the top of the sludge layer.
Sonar
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon_
Previous Survey
c. Thickness of the sludge layer if making a direct measurement with "core sampler".
NIA
F. Lagoon Surface Area (using dimensions at inside top of bank): . & (acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area. The lagoon
may have been built different than designed, so measurements should be made.)
G. Estimate number of sampling points:
a. Less than 1.33 acres: Use 8 points
b. If more than 1.33 ac. . fo acres x 6 = r],20 with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the
estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data
recorded at each can be easily matched.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). Also, at the
• location of the pump intake, take measurements of distance from liquid surface to top of sludge
layer and record it on the Data Sheet (last row); th'i's must be at least 2.5 ft. when irrigating.
I. At the time of the survey, also measure the distance from the Maximum Liquid Level to the Present Liquid O
Level (measure at the lagoon gauge pole): • o
J_ Determine the distance from the top of bank to the Maximum Liquid Level �b
(use lagoon management plan or other lagoon records)
K. Determine the distance from the Maximum Liquid to the Minimum Liquid level: '
(use lagoon management plan or other lagoon records)
L. Calculate the distance from the present liquid surface level to the Minimum Liquid Level
(Item K Minus Item I, assuming the present liquid level is below the Maximum Liquid Level)
M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the
lagoon bottom (average for all the measurement points) / ! - -S
N. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top
of the sludge layer (average for all the measurement points): 7.'7
O. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: 3. 4.
P. Calculate the thickness of the existing Liquid Treatment Zone ( Item N minus Item L): G • S
isQ. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume.
If Item O is equal to or less than Item P, you do not have to determine volumes.
Completed by:
Print Name /Signature
Date: 11 -do - la

•
•
i� -i� .�{4'.-'a� -'.R i��t -t2� '4 Y. 4"xi: "P �'�hL-.� '�•.-. � 'I •• /� of i � �•: �•�•� .� � '+n"�i _ � �µ
Sludge Survey Data Sheet
Completed By: Jam
Print Name
Lagoon Identification: ncL FI/O As
O �01/ Date:
Signature
(A)
Grid
Point
No.
(B)
Distance from liquid surface
to top of sludge
M
Distance from liquid surface
to lagoon bottom (soil)
(D)
Thickness of sludge
layer
Ft. & inches Feet (tenths)
Ft. & inches Feet (tenths)
Ft. & inches Feet (tenths)
1
0.2
8
0.7
2
70
9
0.7
3
0.3
10
0.8
4
0.4
11
0.9
5
0.5
12
1.0
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
0
Average
7
3. 6
* All Grid Points and corresoondina sludge laver thickness must be shown on a sketch
attached to this Sludge Survey Data Sheet.
Conversion Table From Inches to Tenths of feet
Inches Tenths of feet Inches Tenths of feet �!
1 0.1 7 0.6 @ Fum16 t�.b
Form # Sludge 07
2
0.2
8
0.7
3
0.2
9
0.7
4
0.3
10
0.8
5
0.4
11
0.9
6
0.5
12
1.0
Form # Sludge 07

1-1
k
Appendix 1. Lagoon Sludge Survey Form
A: Farm Permit or DWQ Identification Number
• B. Lagoon Identification
C. Person(s) Taking Measurements
D. Date of Measurement
E. Methods/Devices Used for Measurement of:
Revised August 2008
7$ -
a nvo+ns (f 9- a.o) A
Jdltvtez " rr.
//—av— Ick
Gl�\"*--&� a,
a_ Distance from the lagoon liquid surface to the top of the sludge layer.
Sonar
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon.
Previous Survey
c. Thickness of the sludge layer if making a direct measurement with "core sampler'.
NIA
F. Lagoon Surface Area (using dimensions at inside top of hank): -q (acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area_ The lagoon
may have been built different than designed, so measurements should be made.)
G. Estimate number of sampling points:
a. Less than 1.33 acres: Use 8.po)nts �a a
b. If more than 1.33 ac. y4 acres x 6 = , with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the
estimated number of sampling points needed_ Number the intersection points on the lagoon grid so that data
recorded at each can be easily matched.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). Also, at the
. location of the pump intake, take measurements of distance from liquid surface to top of sludge
layer and record it on the Data Sheet (last row); this must be at least 2.5 ft. when irrigating.
I. At the time of the survey, also measure the distance from the Maximum Liquid Level to the Present Liquid
Level (measure at the lagoon gauge pole):
J. Determine the distance from the top of bank to the Maximum Liquid Level
(use lagoon management pian or other lagoon records)
K. Determine the distance from the Maximum Liquid to the Minimum Liquid level:
(use lagoon management plan or other lagoon records)
L. Calculate the distance from the present liquid surface level to the Minimum Liquid Level
(item K Minus Item I, assuming the present liquid level is below the Maximum Liquid Level)
M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the
lagoon bottom (average for all the measurement points)
N_ Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top
of the sludge layer (average for all the measurement points):
O. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer:
P. Calculate the thickness of the existing Liquid Treatment Zone ( Item N minus Item L).-
Q.
):
Q. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume.
If Item O is equal to or less than Item P, you do not have to determine
�vo�lumes�,�j
Completed by: Jja Ane -5, La M �J�'r�`�'� [7��. ' .` -
Date:
Print Name /Signature
ra
�Aj
/)-�2 o- 11

•
•
r
Sludge Survey Data Sheet
Completed By:;. !lr,,.. ,c 1 n ,not
Print Name
Lagoon Identification:
Q Date: / -,� o - 10
Signature
Grid
Point
No.
Distance from liquid surface
to top of sludge
Distance from liquid surface
to lagoon bottom (soil)
Thickness of sludge
layer
1
0.1
7
0-6
2
0.2
8
0.7
3
0.2
9
0.7
4
0.3
10
0-8
5
0.4
11
0.9
6
0.5
12
1.0
0
0
0
0
* All Grid Points and corresponding sludge layer thickness must be shown on a sketch)
attached to this Sludge Survey Data Sheet.
Conversion Table From Inches to Tenths of feet
Inches
Tenths of feet
Inches
Tenths of feet
1
0.1
7
0-6
2
0.2
8
0.7
3
0.2
9
0.7
4
0.3
10
0-8
5
0.4
11
0.9
6
0.5
12
1.0
Form # Sludge 07

i
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder
Governor Acting Director
June 28, 2013
CERTIFIED MAEL 7010 3090 00013216 3963
RETURN RECEIPT REQUESTED
Mr. Sandy A Evans
1305 Marietta Rd.
Fairmont, North Carolina 28340-6753
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T. 1304 NOV-2013-PC-0231
Sandy Evans 19-20 Facility No. 78-45, Permit No. AWS780045
Robeson County
Dear Mr. Evans:
John E. Skvada, III
Secretary
On June 20, 2013, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the Sandy Evans 19-20 and the permitted waste disposal system. We wish to thank Mr. & Mrs.
Evans ORC, who were present and assisted during the inspection.
As a result of this inspection, 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 2T. 1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWG 100000 Section V 2)
On June 21, 2013 during a follow up site visit, a Structure Evaluation /storage pond level survey
documented that the old lagoon had a freeboard of 11.75 inches. A level of 19 inches is the maximum
level allowed by your permit. A copy of the lagoon surveys performed on June 21, along with the
illustrated reaps are provided for your records.
AQUIFER PROTECTION SECTION
225 Green Street — Suite 714
Fayetteville, North Carolina 28301-5095
Phone: [phone] FAX: [phone] Customer Service 1-877-023-0748
Internet Www.h20.enr.state.nc.us
An Equal Oppununity 1 Affirmative Action Employer
ne
NorthCarolina
Naturally

Mr. Evans
June 28, 20I3
Page 3
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated June 28, 2013 and
received in the Fayetteville Regional Office on June 28, 2013. Take all necessary additional steps to
insure lagoon levels remain in compliance with Section V 2 of your permit. Submit within 60 days of
receipt of this letter to the DWQ Fayetteville Regional Office a Plan of Action that will address the waste
level management elevations in both lagoons that provides for maintaining the correct design freeboard of
both the old and new lagoons. This Plan of Action should be certified by an Engineer or an appropriately
authorized Technical Specialist.
Violation 2:
Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit
No. AWG 100000 Section 111 13 c
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Quality has no record of receiving the 24-hour notification or the 5 day written report.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
Failure of the waste collection, treatment, and storage structure to be effectively maintained and operated
as a non -discharge system to prevent the discharge of pollutants to surface waters or wetlands in
accordance with your permit and Certified Animal Waste Management Plan: (Permit No. AWG 100000
Section 1 1)
On June 20, 2013 during a routine compliance inspection it was observed that the waste structure had a
possible seep in the west wall of the new lagoon. A follow up visit on June 21, 2013confirmed that there
is evidence of wastewater seepage based on conductivity readings of water emanating from the seep area
behind the west lagoon berm.
Required Corrective action for Violation 3:
The DWQ requests that you submit a Plan of Action to the Fayetteville Regional within 60 days of receipt
of this letter for fixing the identified seep(s) in the lagoon structure. Evaluate both lagoon structures for
signs of additional seepage and structural integrity concerns. The Plan of Action must be submitted by an
Engineer or an appropriately authorized Technical Specialist.
The Division of Water Quality requests that, in addition to the specified corrective actions above, please
submit the following items on or before August 1, 2013:

v
Mr. Evans
.Tune 28, 2013
Page 3
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent this violation from
occurring in the future.
3. Copy of your latest lagoon surveys for both lagoons.
You are required to take any necessary action to correct the above violations as -indicated above
and to provide a written response to this Notice by August 1, 2013. Please include in your response
all corrective actions already taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil'penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions conceming this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
Stephen . Barnhardt
Environmental Program Supervisor
cc: Keith Larick CAFO Unit
Prestage Farms