780053_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua'
M
II

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr:, Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Anthony Locklear
Anthony Locklear Farm
Rt 2 Box 34
Pembroke NC 28372
Dear Mr. Locklear:
[D E H N R
April 3, 1997 RECIE.M-u
APR 071997
FRfr- i i i-E-1111LL=
REG. -0F Fs'CiC
SUBJECT: Notice of Violation
Designation of Operator in Charge
.� :� ► ....: Anthony Locklear Farm
Facility Number 78--53
Robeson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have .questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535,��y. FAX [phone]
Raleigh, North Carolina 27626-0535 N�CAn Equal Opportunity/Affirmcrhve Action Employer
Telephone [phone]
50%1 CYCles/10% post -consumer paper

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Anthony Locklear
280 Oxendine Road
Pembroke, NC 28372
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 17, 2003
Subject: NOTICE OF VIOLATION
Anthony Locklear Farm
Facility No. 78- 53
Robeson County
Dear Mr. Locklear:
Alan W. Klimek, P. E. Director
Di%ision of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
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 October 22, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality visited your farm as the result of a referral from the Division of Soil and Water
Conservation. The lagoon liquid level was found to be at approximately 9 inches and thus within
the structural storage freeboard level. The lagoon banks were in need of mowing as to make dike
inspection possible. Irrigation of wastewater was unable to be performed due to the irrigation
equipment being in disrepair. Also noted was the lack of required sampling for both soil and
waste analysis.
The Division of Water Quality requests that the following items be addressed:
1. Manage the lagoon liquid level in a more efficient manner and obtain more than a 12 -inch
and then more than a 19 -inch liquid level.
2. Repair the irrigation system and following your CAWMP begin to make applications.
3. Perform required waste samplings for the use with P.A.N. applications.
4. Mow the lagoon walls and remove any woody saplings.
N. C. Di6sion of Water Quality 225 Green Street -Suite 7i4 Fayetteville, North Carolina 28301 [phone] Fax[phone]
iWNh`R
Customer Service
1-877-623-6748

Mr. Anthony Locklear
11-17-03
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 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 [phone].
2Sine r
u1 _ aaKS,
Regional Water Quality Supervisor
LCB:PR/lcb
cc: Keith Larick - Compliance Group
Dana Ashford - Robeson Co. MRCS
Danny Edwards - DSWC Fayetteville Office
Central Files - Raleigh
�t7i
RbEN
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N. C. Division of Water Quality 225 Green Street -Suite 714 Fayetteville, North Carolina 2830E [phone] Fax [phone] Customer Senice
1-877-623-6748

PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number:
83-28
Facility Name: Farm 7097 Gibson Isolation
County: Scotland
Certified Operator Name: James McGugan Operator Number.
AWA986752
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.
Lagoon Name/1D:
Spillway(Y or N):
Level(inches):
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
7
2. Check ail applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X Liquid level is within the 25 year 24 hour storm elevations for one or more 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. Bolume and PAN content of waste
to be pumped and hauled is reflected in section III tables_ Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro 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: as conditions permit
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.
Murphy Brown, LLc Phone:
Facility Owner/Manager (print)
Date:
Facility Own r ger (signature)
910-293-3434
9/17/2018

q
Ii. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
1. Structurell): Gibson line m = 119.5 1b PAN
2. Structure ID:
line m =
Ib PAN
3. Structure ID:
line m =
Ib PAN
4. Structure ID:
line m =
Ib PAN
5. Structure ID:
line m =
Ib PAN
B. Structure ID:
line m =
Ib PAN
n.lines 1+2+3+4+5+5= 119.5 lb PAN
111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
2 PAN balance
(b/acre)
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 881.1 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section 11) = 119.5 Ib. PAN
PoA (30 Day) 2/21100

x. Crop's remaining PAN balance (line v from section Ili) = 881.1 Ib. PAN
y. Overall PAN balance (w - x) _ -762 Ib. PAN
Line y must show as a deficit If line y does not show as a deficit, list course of action here iWuding 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_
Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is
available for pumping if needed.
PoA (30 Day) 2121100

PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1, Structure Nametidentifier (ID): JGibsun
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker 7.0 inches
b. designed 25 yr -/24 hr. storm & structural freeboard 19.9 inches
c. line b - line a (inches in red zone) = 12.9 inches
d, top of dike surface area according to design
(area at below structural freeboard elevation) 14070 ft2
e. line c/12 x line d x 7.48 gallons/ft' 113312 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 90 days
g. volume of waste produced according to structural design 7006 ft3
h. current herd # 425 certified herd # 425
actual waste produced = current herd # x line g
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated I 7/30/2018
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
PoA (30 Day) 2/21/00
7006 ft'
®ft3
8208 ft3
37934 gallons
0.79 lbs/1000 gal.
119.5 lbs. PAN