HomeMy WebLinkAbout820013_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qual
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Bill Holman, Secretary
Kerr T. Stevens, Director
IN � �.' WA '
D E N R
September 20, 2000 E I V D
MR GERALD WARREN SEP 2 1 2000
WARREN SWINE FARM
PO BOX 223 FAYETTEV L2
NEWTON GROVE NC 28366 REG. CFFiCE
SUBJECT: Acknowledgment Receipt Letter
Warren Swine Farm
File No. DV 00-048
Sampson County
Dear Mr. Warrenl:
This letter is to acknowledge receipt of your check No. 7282 in the amount
$4,580.85 received from The Warren Swine Farm on September 20, 2000.
This payment satisfies in full the civil assessment in the amount of $4,580.85
levied against Warren Swine Farm and this case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
If you have any questions please call Steve Lewis at (919) 733-5083 extension
539.
Sincerely;
Jeff Poupart
-Non-Discharge Compliance/E lforcement Unit
SL/tcw
cc: Fayetteville Regional Office
Enforcement/Compliance Files DV 00-048
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 . Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor �� ED �f � LJ
Bill Holman, Secretary
Kerr T. Stevens, Director S E P -1 2000
FAY E17EVILLE
REG. OFFICE
Mr. Gerald Warren
Warren Swine Farm, Inc.
P. O. Box 223
Newton Grove, NC 28366
SUBJECT
Dear Mr. Warren:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm #82-13
Sampson County
File No. DV 00-048
This letter transmits notice of a civil penalty assessed against the Warren Swine Farm,
Inc. in the amount of $4,580.85 including $580.85 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. 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:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone (919) 733-5083
1617 Mai! Service Center Fax (919) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2o. enr. state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(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
NCDENR
DWQ .,
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
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) 733-5083, ext. 539 or
Mr. Jeff Poupart at (919) 733-5083, ext. 527.
Sincerely,
Ken T. Stevens
ATTACHMENTS
cc: Paul Rawls, FRO Regional Supervisor w/ attachments
File # DV 00-048 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT )
OF CIVIII. PENALTIES AGAINST - )
PERMIT NO. )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , 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.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
R. GERALD WARREN AND
WARREN FARMING COMPANY
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. DV 00-048
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Warren Farming Company is a corporation organized and existing under the laws
of the State of North Carolina. R.- Gerald Warren is the registered agent for
Warren Farming Company.
B. Warren Farming Company owns and operates the Warren Swine Farm, Inc., a
swine operation located along SR 1712 in Sampson County.
C. Warren Swine Farm, Inc. was issued Certificate of Coverage AWS820013 under
General Permit AWG100000 for the Warren Swine Farm, Inc. on and effective
March 26, 1999 with an expiration date of April 30, 2003.
D. On February 24, 2000, DWQ staff, observed a discharge of wastewater by the
Warren Swine Farm, Inc. from a sprayf eld to an unnamed tributary to Kill
Swamp, which are Class C Sw waters of the State within the Cape Fear River
Basin.
E. Warren Farming Company or R. Gerald Warren had no valid permit for the
above -described activity.
F. The cost to the State of the enforcement procedures in this matter totaled $580.85_
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. ' Warren Farming Company and R_ Gerald Warren are "persons" within the
meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4),
B. An unnamed tributary to Kill Swamp 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. Warren Farming Company and R. Gerald Warren 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. The State's enforcement costs in this matter may be assessed against Warren
Farming Company and R. Gerald Warren pursuant to G.S. 143-215.3(a)(9) and
G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources 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:
M. DECISION:
Accordingly, Warren Farming Company and R. Gerald Warren are hereby assessed a civil
penalty
$ 0 for making an outlet to the waters of the State without a
permit as required by G.S. 143-215.1.
$ _ TOTAL CIVIL PENALTY, which is 46 percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 580.85 Enforcement costs
$ $ O. 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.
(Date) Kerr T. Stevens, Director
Division of Water Quality
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
Division of Water Quality
March 28, 2000
MEMORANDUM
TO: Steve Lewis
Non -Discharge Compliance Group
FROM: Jeffery Brown
Enviromnental Engin r, FRO
SUBJECT: Enforcement Package
Warren Swine Farms, Inc.
Facility No. 82 - 13
Please find attached a fast track enforcement package pertaining to the discharge
of animal waste at the subject facility.
Thank you for your cooperation regarding this matter. If you have any further
questions or need clarification on any of the details please contact me.
JB
Attachment
y
FF9457"
t
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE 910-486-i S41 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 50% RECYCLED/10% POST -CONSUMER PAPER
Fast Track Freeboard NOV Checklist
Date
Time C�
Onsite Re ; c-
Facili Name
Facility Location
Name of Owner L113C. ,►�.,
Address of Owner
Name of Cert. O or
Int rator ire ter,?
Type of Facility Jsow, feeder to finish, etc.
Number of animals onsite
Number of animals certified for ro C7
Freeboard level Q, kn L-
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Inspector's Si nature F
Date 04'7-- -3L 7 6-
07
F
Divishih0Soil and`Water.Conservabo:
i, 'DivaSioa of Soil and=Water Conservateo
Division of Water Quality = Co<i►pliaaci
OtherAgenc -Operation Review:.- F
Y
outine Q Complaint Q Follow-uE of DWQ inspection Q F
Facility Number Kj
Operation Review
Compliance Inspection
.nspection '---�''rt
low-un of DSWC review
Date of Inspection
Time of Inspection ' ap 24 hr. (hh:mm)
Permitted Certified [3 Conditionally Certified [3 Registered 13 Not Operational Date Last Operated
.Serrj
Farm Name: .............. UjArrt�...... 3 Yx!4....... V±'!c71. ��"t �...... County: .......... .........
f..................
Owner Name:.......................;tv1. �4 c.r?I!ks/.......�'eC�.�..... Phone No:
Facility Contact: .... Title
MailingAddress.
3
............................... Phone No:...................................................
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r. :......Ady........a.a .........................................
.......................!�!e'?...................... .....N�.....ar"34�
.................
Onsite Representative: �c3nr31 Wi L Guyvk�
...
...................
Integrator:........(,% -..? cr
.
Certified Operator: ...............
. ............. ........... u..), ,. ,
. . ..................................
Operator Certification Number:..........................................
Location of Farm:
.............. .......... ....
..............................................................................................................................................................................................................................
AL
. .... .......... ............................ ......................._ ._ ....... .............. ............ ..................... .................... ............. .......
T�
Latitude �•
�' �'� Longitude �•
�' �"
Design-_-'`. Current Design Current - = Design.. ' Current
.Swine Capacity"- Population Poultry Capacity Population Cattle Capacity. Population
❑ Wean to Feeder ❑ Layer ❑ Dairy
❑ Feeder to Finish JE1 Non Layer I I❑ Non -Dairy
❑ Farrow to Wean F
❑ Farrow to Feeder ❑ Other --=
❑ Farrow to Finish Total Design Capacity,,. oe
❑ Gilts
❑ Boars Total SSLW
-Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area 113 Spray Field Area
Holding Ponds /Solid Traps ❑ No Liquid Waste Management System
Discharges &'Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard (inches):
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
3/23/99
WYes ❑ No
❑ Yes
[;VNo
O$Yes
❑ No
❑ Yes
❑ No
Yes
❑ No
❑ Yes
❑ No
❑ Yes ❑ No
Structure 6
r
.............................
❑ Yes ❑ No
Continued on back
Facility Number: — Date of Inspection
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
❑ Yes
❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
❑ Yes
❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
❑ No
Waste Application
10. Are there any buffers that need maintenancelimprovement?
❑ Yes
❑ No
11. Is there evidence of over application? [Excessive Ponding ❑ PAN
VYes
❑ No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
❑ No
b) Does the facility need a wettable acre determination?
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination?
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
❑ No
16. Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
❑ Yes
❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No
21. Did the facility fail to have a actively certified operator in charge?
❑ Yes
❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
fVNo
IIII❑
24. Does facility require a follow-up visit by same agency?
❑ Yes
No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
❑ No
TS%•yi6latigns:oe- & lclendb' •1Wri' n6ted• d&iAg �bis.viSiL • Yoit+ will-teceiye Rio fufther
uorre*fideh& about this visit
Comments (refer to queshon #): _Explain any YES: answers and/or_any recommendations or any`other=comments:
Use drawings`of-facility to bettir explain situations.`(use additional pages°as necessary) = Y
_ _ -, - -
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-rko vxv_�, 4 p �'� �m -Rc, a , A s; le v �sd U-Vts
Reviewer/Inspector Named -
Reviewer/Inspector Signature: �106e� _ Date: 1z -oZ -O Q
Facility Number d, — �� Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
24. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
Addifion2ljComments andor? ravings:
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FAYETTEVILLE DIVISION
817 Castle Hayne Street Fayetteville, NC 28303 Phone (910) 864-1920 Fax (910) 864-8774
CHAIN OF CUSTODY RECORD
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C = H2SO4 (ph-2) + <4•C
D = NaOH + <4•C
E = ZN Acetate + <4•C
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LAB ID #
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Cornments or Special Hazards:
O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION NC #11
817 CASTLE RAYNE STREET NC #37714
FAYETTEVILLE, NC 28303 USDA #3787
(910) 864-1920 / (910) 864-8774 (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWQ
ADDRESS: Wachovia Building, Suite 714
Fayetteville, NC 28301
CONTACT PERSON: Mr. J. Brown
ACCOUNT NUMBER: #KNO03
SAMPLE ID: 1. Source - ID #OOWE21310
2_ Upstream - ID #OOWU21311
3, Discharge Point - ID #00WE21312
4. Downsteam - ID #OOWD21313
DATE REC'D: 02/24/00 SAMPLED: 02/24/00
SAMPLED BY: J. Brown
DELIVERED BY: J. Brown
SAMPLE CODE: WW, Stream, Grab
REFERENCE: Warren Swine Farm
DATA REVIEWED BY:
DATE REPORTED: 03/08 00
ANALYSIS MLTHOD 1 2
BOD (mg/L) EPA 405.1 842 2.18
COLIFORM, FECAL (per 100 ml) SM18 9222D 25000 72
NITRATE (mg/L) EPA 353.3 <1_0 4.72
ANALYSIS hICTNOD 3 4
BOD (mg/L)
COLIFORM, FECAL (per 100 ml)
NITRATE (mg/L)
cKafto PS: < = Less than
> = Greater than
EPA 405_1
SM18 9222D
EPA 353.3
PAGE 1 OF 1
302
29000
<1.0
RECEIVED
mAR ; 5 2000
FAYE MMLLE
REG. OFFICE
18.1
350
5.02
The data and other information contained on this, and other accompanying documents, represent only the MEMBER
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-N1OSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research
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Oki
WARREN SWINE FARMS, INC.
Phone (919) 594-1701 • P. O. Box 223 - Newton Grove, North Carolina 28366
N. C. Dept. of Environment an& Natural Resources RECEIVED
225 Green St'.
Suite 714
Fayetteville,NC 28301-5043 FEB 2 8 2000
Attn: Jeffrey Brown
Friday, February 25, 2000 FAYETTEVILLE
Reference: Facility 82-13 REG.4FFiCE
On Thursday, February 24, 2000 DWQ Representative4Jeffrey Brown brought to my attention
a runoff was occuring from our spray field. Mr. Brown had spotted this while making
aerial inspections of the area.'
We were applying water from a lagoon on winter rye being grazed by cattle. The spray
gun had apparently been pulled too close to the edge of the application field and the
runoff had followed a cattle trail or path from the edge of the field across a span
of permanent pasture and into a ditch of flowing water.
Upon our arrival on the scene the pump was cut off but I determined the gun had already
been pulled away from the area and no additional spray was contributing to the runoff
which had occured. Some additional standing waste water around the edge of the field
was continuting to follow the trail to the stream. We then used a tractor and box
blade to create a buffer around the edge of the field to prevent any further runoff.
I feel the runoff occured as a result of compacted -soil from the cattle herd more so
than over application. The cattle pathway from the rye field to their water source
provided the means by which the standing water became runoff and found its way to the
stream. We plan to insure this from not reoccuring by not pulling the spray gun as near
the edge of the spray field, blocking off -any apparent pathways from spray fields in
which runoff may occur, and by making more frequent inspections of spray field while
pumping is in progress.
Ronnie H. Williams
Warren Swine Farms
"F, , - /, / -&h & 7 =
1_Alr7ES�B:� HUNT JR:4
NOR
~ 4131LL HOLMAN'
s ECRETARY
s.KERR T STEVENS //.,�
—
;',�
0
NORTH CAROLINA DEPARTMENT -OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March .13, 2000
Warren Swine Farm, Inc.
Attn.: Ronnie Williams
P_O. Box 223
Newton Grove, NC 28366
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820013
Warren Swine Farm, Inc.
Facility No. 82 - 13
Sampson County
Dear Mr. Williams:
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 February 24, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly -over of the Warren Swine Farm
in Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater was ponding and appeared to be entering the stream
adjacent to the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into an Unnamed Tributary (UT) of Kill Swamp
which is Class "C SW" waters. It was then recommended to Ronnie Williams, a
farm employee, to construct an earthen berm to prevent additional wastewater from
entering the stream. There was also evidence to indicate that one of the stationary
sprinklers leaks wastewater when the system is pressurized an enters the same
stream.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 1 SYSTEL SLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-4BG-1 541 FAX 910-486-0707
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0110% POST -CONSUMER PAPER
Page 2
Warren Swine Farm, Inc.
March 13, 2000
2. A more detailed and thorough inspection of the irrigation system along with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
3. Immediately evaluate and correct any problems with the irrigation system to prevent wastewater
from discharging into the stream at hand_
Failure to comply with the above conditions may result in the facility's General Permit being
revoked 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 S25,000.00 per day per
violation.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
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 23, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
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.
Page 3
Warren Swine Farm, Inc.
March 13, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at (910) 486-1541.
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - RaIeigh
Steve Lewis - Compliance Group
WARREN SWINE FARMS, INC.
Phone (919) 594-1701 - P. O. Box 223 - Newton Grove, North Carolina 28366
March 21, 2000
NCDENR
Division of Water Quality
225 Green St., Suite 714
Fayetteville,NC 28301-5043
"',
Dear Sir:
On Thursday afternoon, February 24, 2000, Jeffrey Brown came to my office
and.informed me that we had some run-off from our spray field and it was entering
a stream. I went and shut off the irrigation system and proceeded to the field where
the wastewater was being applied. I found wastewater had ponded around the edge
of the spray field where it had found its way to a cattle path, crossed a permanent
pasture and entered a stream. The reel had already pulled the gun in enough that
no further run-off was occuring as a result of the present application. I then
re -started the spray system and had a buffer established around the edge of the field
where the run-off had occured. I along with Jeffrey Brown walked out over a portion
of the area where the wastewater had been applied, which was a rye field being grazed
by a herd of cattle. I determined we had not over -applied wastewater to the field
area and Jeffrey agreed with me. The only area that showed over application was the
area at the edge of the field which was a roadway around the field compacted by farm
vehicles and cattle, furthermore the permanent pasture between the spray field and the
stream was on a slope which once the wastewater found the established cattle path it
made it very easy for the runoff to follow downhill to the stream. Several unique
situations were in place at the site which created the pathway for the runoff. The
most important one being a permanent cattle path, compacted by daily cattle travel,
and being 2 to 3 inches below the pasture turf level providing a near trough to the
stream.
Since this incident we have created buffers around the sprayfield involved to
prevent any further application.of waste water from leaving the application areas.
We now conduct more frequent inspections during applications even in situations
when runoff is highly unlikely. Regarding the risers for our stationary sprinklers
which have been leaking some when system is pressurized. We have constructed
earthen berms to prevent any run-off from these areas until we repair the risers.
The necessary repair items were ordered and have been received and we are currently
in the process of repairing these risers.
Sincerely,,/
Ronnie H. Williams
Warren Swine Farms
V, A-V. i 1 *
MAR 2 2 2000
FAYZTTEVILLE
REG. OFFICE
y
• F
.f �N
A;,
_ •fit �.
.:J An1E.S-B.-HUNT J'.�
'N'
• .,r1OYERNOR .,�,_�y
l' 4 BILL HOLMAN � `-
ECRETARY
S n �
KERR}T:' STEVENS
t;-F31gEGTUit�"S=�SwF.',� t
k ti�
+f
1= 'f
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
F'AYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 13, 2000
Warren Swine Farm, Inc.
Attn.: Ronnie Williams
P.O. Box 223
Newton Grove, NC 28366
SUBJECT: NOTICE OF VIOLATION
Notice of Recommendation for Enforcement
Permit No. AWS 820013
Warren Swine Farm, Inc.
Facility No. 82 - 13
Sampson County
Dear Mr. Williams:
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 February 24, 2000, staff from the Fayetteville Regional ,Office of the
Division of Water Quality performed a routine fly -over of the Warren Swine Farm
in Sampson County. During the fly -over, it was observed that the facility was
irrigating and wastewater was ponding and appeared to be entering the stream
adjacent to the spray field. After the fly -over, a site visit was made to the facility
to confirm the findings from the flight. An inspector arrived at the facility and
observed wastewater discharging into an Unnamed Tributary (UT) of Kill Swamp
which is Class "C SW" waters. It was then recommended to Ronnie Williams, a
farm employee, to construct an earthen berm to prevent additional wastewater from
entering the stream. There was also evidence to indicate that one of the stationary
sprinklers leaks wastewater when the system is pressurized an enters the same
stream.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SYSTEL 9L0. FAYETTEVILLE, NORTH CAROLINA 28301.5043
PHONE 910-486-1 541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLE10/10,o POST -CONSUMER PAPER
Page 2
Warren Swine Farm, Inc.
March 13, 2000
2. A more detailed and thorough inspection of the irrigation system along. with spray field
conditions needs to be carried out on a routine basis before and during an irrigation event to prevent
the future release of wastewater.
3. Immediately evaluate and correct any problems with the irrigation system to prevent wastewater
from discharging into the stream at hand.
Failure to comply'with the above conditions may result in the facility's General Permit being
revoked 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.
You are hereby notified that based on the above information the Fayetteville Regional Office
of the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the
surface waters of the State from a non -discharge facility.
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 23, 2000. A copy of this response will also need to be submitted to
the DWQ Central Office at the following:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
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.
. .4
Page 3
Warren Swine Farm., Inc.
March 13, 2000
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at (910) 486-1541.
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files - RaIeigh
Steve Lewis - Compliance Group
Regional Water Quality Supervisor
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 10, 1999
a ;► ; a•a ; of la �aI
Warren Swine Farm, Inc.
P.O. Box 223
Newton Grove, NC 28366
SUBJECT: NOTICE OF DEFICIENCY
Warren Swine Farm
Facility No. 82 - 13
Sampson County
Dear Mr. Warren:
On January 25, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a follow-up visit to the. Warren Swine Farm to check on the
freeboard levels of the lagoon. Three of the lagoon structures were in the emergency
storage level (13 inches, 14 inches, and 18 inches). Therefore, a routine inspection was
conducted on this facility on March 8, 1999. All five lagoons contained the required
freeboard (19 inches) at the time of the inspection. It was observed that one area of the
lagoon receiving waste from houses #3 - #8 failed to have a suitable grass cover, and
there was some erosion noted around the pump hook-up at lagoon #2. There was some
erosion also noted in several areas in the coastal bermuda field containing the solid -set
irrigation system. The markers in the lagoons did not reflect the minimum liquid level,
which will be required by the General Permit. The facility has applied for a General
Permit, and this will have to be corrected once the permit is issued to the facility. In
talking with Ronnie Williams, the on -site representative, waste samples taken are not
representative of the lagoon. This could help explain the fluctuations in the waste
analysis received back from the NCDA Agronomic Division. The owner was in the
process of installing a center pivot in the largest waste application field for the irrigation
of fresh water to crops grown in the summer months. Two wells were installed to
recharge the fresh water pond which is used as the water source for the center -pivot
irrigation system. These wells are also located in the application field. Animal waste
cannot be applied closer than 100 feet to any well according to NRCS Standard 633.
The Certified Animal Waste Management Plan stated that waste application for small
grain should occur between September through November and between February
through March. Waste had been applied to fields in December and January.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28901-5049
PHONE 010-486-1541 FAX 910-486-07o7
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLEO/10% POST -CONSUMER PAPER
J
J_
Page 2
Warren Swine Farm
March 10, 1999
The facility was in the process of constructing a trailer wash. This wash waster will be discharged into
the largest lagoon at houses #3-- #8. Mr. Warren is working with NRCS on the design and installation of
the trailer wash. The facility is currently utilizing a small holding structure to contain the wash water. It is
the opinion of this office that this holding structure should be monitored to prevent any of this wastewater
from leaving the structure at any time, even after the trailer wash is installed.
The Division of Water Quality requests that the following items be performed:
1. Maintain the required freeboard in all lagoon structures as required by the CAWMP.
2. Establish a suitable grass cover on the portions of the inside slopes where repairs were made to lagoon
#3 - #8 and at the pump hook-up for lagoon #2 to prevent any erosion.
3. Consult with a technical specialist in order to correct and prevent any future erosion in the coastal
bermuda waste application field.
4. Modify lagoon markers to reflect accurately the minimum liquid level required according to the design
parameters for the lagoons.
5. FolIow the recommended practices for waste sampling outlined in the attached documents in order to
receive a representative sample from the lagoon.
6. Maintain a 100 feet buffer around the wells used for the center pivot when applying animal waste.
7. Monitor the small structure that was utilized to hold the water used in cleaning trailers to prevent any of
the waste water from leaving the structure.
8. Adhere to the pumping windows established in the CAWMP when applying animal waste to small grain.
Please notify this office in writing on or before March 26, 1999 at the address below as to the actions
taken or proposed to be taken to resolve these deficiencies. 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) 486-1541.
Sincerely,
/;6 A"V��
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. MRCS
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Page 2
Warren Swine harm
r114-4 1 5 1999
March 10, I999 FAYETTEVILLE
REG. OFFICE
Tlie facility was in the process of constructing a trailer wash. This wash waster will lie discharged into
the largest lagoon at houses #3 - #8. Mr. Warren is working witli'NRCS on the design and installation of
the trailer wash. The facility is currently utilizing a small holding s(nrcture to contain the wash water. It is
the opinion of this office that this holding structure should be monitored to prevent any of this wastewater
from leaving the structure at any time, even after the trailer wash is installed.
The Division of Water (duality requests that the following items be performed:
1. Maintain the required freeboard in all lagoon structures as required by the CA WMP.
2. Establish a suitable grass cover on the portions of the inside slopes where repairs were made to lagoon
#3 - #8 and at the pump hook-up for lagoon #2 to prevent: any erosion.
3. Consult with a technical specialist in order to correct and prevent any future erosion in the coastal
bermuda waste application field.
4. Modify lagoon markers to reflect accurately the minimum liquid level required according to the design
parameters for the lagoons.
5. Follow the recommended practices for waste saMpling outlined in the attached documents in order to
receive a representative sample from the lagoon.
6. Maintain a 100 feel buffer around the wells used for the center pivot when applying animal waste.
7. Monitor the small structure that was utilized to hold the water used in cleaning trailers to prevent any of
the waste water from leaving the structure.
8. Adhere to the pumping windows established in the CAWNIP when applying animal waste to small grain.
Please notify this office in writing on or before March 26, 1999 at the address below as to the actions
taken or proposed to be taken to resolve these deficiencies. 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. Ifyou have any questions concerning (his m::tter, please call Jeffery Brown, at (910) 48G-1541.
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 10, 1999
Warren Swine Farm, Inc.
P.O. Box 223
Newton Grove, NC 28366
SUBJECT: NOTICE OF DEFICIENCY
Warren Swine Farm
Facility No. 82 - 13 .
Sampson County
Dear Mr. Warren:
On January 25, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a follow-up visit to the Warren Swine Farm to check on the
freeboard levels of the lagoon. Three of the lagoon structures were in the emergency
storage level (13 inches, 14 inches, and 18 inches). Therefore, a routine inspection was
conducted on this facility on March 8, 1999. All five lagoons contained the required
freeboard (19 inches) at the time of the inspection. It was observed that one area of the
lagoon receiving waste from houses #3 - #8 failed to have a suitable grass cover, and
there was some erosion noted around the pump hook-up at lagoon #2. There was some
erosion also noted in several areas in the coastal bermuda field containing the solid -set
irrigation system. The markers in the lagoons did not reflect the minimum liquid level,
which will be required by the General Permit. The facility has applied for a General
Permit, and this will have to be corrected once the permit is issued to the facility. In
talking with Ronnie Williams, the on -site representative, waste samples taken are not
representative of the lagoon. This could help explain the fluctuations in the waste
analysis received back from the NCDA Agronomic Division. The owner was in the
process of installing a center pivot in the largest waste application field for the irrigation
of fresh water to crops grown in the summer months- Two wells were installed to
recharge the fresh water pond which is used as the water source for the center -pivot
irrigation system. These wells are also located in the application field. Animal waste
cannot be applied closer than 100 feet to any well according to NRCS Standard 633.
The Certified Animal Waste Management Plan stated that waste application for small
grain should occur between September through November and between February
through March. Waste had been applied to fields in December and January.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLE0/10% POST -CONSUMER PAPER
Page 2
Warren Swine Farm
March 10, 1999
The facility was in the process of constructing a trailer wash. This wash waster will be discharged into
the largest lagoon at houses #3-- #8. Mr. Warren is working with NRCS on the design and installation of
the trailer wash. The facility is currently utilizing a small holding structure to contain the wash water. It is
the opinion of this office that this holding structure should be monitored to prevent any of this wastewater
from leaving the structure at any time, even after the trailer wash is installed.
The Division of Water Quality requests that the following items be performed:
1. Maintain the required freeboard in all lagoon structures as required by the CAWMP.
2. Establish a suitable grass cover on the portions of the inside slopes where repairs were made to lagoon
#3 - #8 and at the pump hook-up for lagoon #2 to prevent any erosion.
3. Consult with a technical specialist in order to correct and prevent any future erosion in the coastal
bermuda waste application field.
4. Modify lagoon markers to reflect accurately the minimum liquid level required according to the design
parameters for the lagoons.
5. Follow the recommended practices for waste sampling outlined in the attached documents in order to
receive a representative sample from the lagoon.
6. Maintain a 100 feet buffer around the wells used for the center pivot when applying animal waste.
7. Monitor the small structure that was utilized to hold the water used in cleaning trailers to prevent any of
the waste water from leaving the structure.
8. Adhere to the pumping windows established in the CAWMP when applying animal waste to small grain.
Please notify this office in writing on or before March 26, 1999 at the address below as to the actions
taken or proposed to be taken to resolve these deficiencies. 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) 486-1541.
Sincerely,
1114�� A'Wzt��
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Audrey Oxendine - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
Chapter 4: Tools for the Plan
Describe how to take a
waste sample of a
lagoon, waste slurry, or
dry waste and submit it
for nutrient analysis.
they building up excess nutrients that may ultimately move to surface
waters or groundwater? Are they applying heavy metals at levels that may
be toxic to plants and permanently alter soil productivity?
Because environmental damage and losses in plant yield and quality often
happen before visible plant symptoms, growers should always have their
wastes analyzed by a competent laboratory. The NCDA Agronomic
Division can analyze waste samples and make agronomic
recommendations regarding the use of the waste as a fertilizer. However,
your animal waste management plan or general permit may require that
you use a North Carolina certified laboratory to satisfy monitoring
requirements. This chapter will not address sampling for the purpose of
monitoring; instead it will address the use of a lab that provides agronomic
recommendations similar to those provided by the NCDA Agronomic
Division.
WASTE SAMPLING
Proper sampling is the key to reliable waste analysis. Although laboratory
procedures are extremely accurate, they have little value if the sample fails
to represent the waste product..
Waste samples submitted to a laboratory should represent the average
composition of the material that will be applied to the field. Reliable
samples typically consist of material collected from a number of
locations. Precise sampling methods vary according to the type of
waste. The laboratory you use should have specific instructions on
sampling, including proper containers to use and maximum holding or
shipping times.
Liquid Wastes
Liquid waste samples submitted for analysis should meet the following
requirements:
• Place sample in a sealed, clean, plastic container with about a
1-pint volume. Glass is not suitable because it is breakable and
may contain contaminants.
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North Carolina Cooperative Extension Service
Animal Waste Management Systems April 1997
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• Leave 1 inch of air space in the plastic container to allow for
expansion caused by the release of gas from the waste material.
• Refrigerate samples that cannot be shipped on the day they are
collected; this will minimize chemical reactions and pressure
buildup from gases.
Ideally, some liquid wastes should be sampled after they are thoroughly
mixed. Because this is sometimes impractical, samples can also be taken
in accordance with the suggestions that follow.
Lagoon Liquid.
Premixing the surface liquid in the lagoon is not needed, provided it is the
only component that is being pumped. Growers with multistage systems
should draw samples from the lagoon they intend to pump for crop
irrigation.
Samples should be collected using a clean, plastic container similar to the
one shown in Figure 4-1.One pint of material should be taken from at
least eight sites around the lagoon and then mixed in the larger clean,
plastic container. Waste should be collected at least 6 feet from the edge of
the lagoon at a depth of about a foot. Shallower samples from anaerobic
lagoons may be less representative than deep samples because oxygen
transfer near the surface sometimes alters the chemistry of the solution.
Floating debris and scum should be avoided.
One pint of mixed material should be sent to the laboratory. Galvanized
containers should never be used for collection, mixing, or storage due to
the risk of contamination from metals like zinc in the container.
North Carolina State University 4-3
Chapter 4: Tools for the Plan
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Wooden pale (10 feet)
Plastic container
(5 gallons)
Plastic cup
Figure 44- Liquid waste sampling device.
Liquid Slurry:
Waste materials applied as a slurry from a pit or storage pond should be
mixed prior to sampling. If you mix prior to sampling, the liquid sampling
device pictured in Figure 4-1 can be used. If you wish to sample a storage
structure without agitation, you must use a composite sampling device as
shown in Figure 4-2. Waste should be collected from approximately eight
areas around the pit or pond and mixed thoroughly in a clean, plastic
container. An S- to 10-foot section of 0.5- to 0.75-inch plastic pipe can
also be used: extend the pipe into the pit; pull up the ball plug (or press
your thumb over the end to form an air lock); and remove the pipe from
the waste and release the air lock to deposit the waste in the plastic
container.
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44 Norih Carolina Cooperatiw EvensionSmace