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HomeMy WebLinkAbout820025_ENFORCEMENT_20171231Murphv-Brown- 'M'y Kenansville Division April 30,2003 Mr. Paul Rawls Director of Fayetteville Regional Office DENR Systel Building 225 Green St., Suite 714 Fayetteville, NC 28301 — 5094 785 Hwy. 24150 Warsaw, NC 28398 nE d „ 0,3 RE: NOV - inadequate Freeboard & Request for Information Farm Pork Plus Facility 82 — 25 Sampson County Dear Mr. Rawls; The Murphy Brown LLC, Kenansville Division is responding to the NOV for the high freeboard reported to your office on 3121103. Information requested: 1.) Current Freeboard - 25 inches on 4128103 report 2.) 12 month freeboard levels — see attachment 3.) 12 months irrigation records — see attachment 4.) 12 months rainfall records — see attachment 5.) CAW MP — see attachment 6.) Summary of actions taken to bring the freeboard back to compliance levels: a.) Activated the Emergency Operating Procedure for Water Usage when the lagoon level dropped below 24 inches. b.) No restocking occurred when the lagoon freeboard level dropped to less than 19 inches. c.) Used the nutrient management program as it was designed to contain waste water in the lagoon until the LNM could safely apply to sprayfields as outlined in the CAWMP. The system protected waters of the state, the environment, and allowed us to utilize the nutrients in a cropping program at an appropriate time. d.) When lagoon levels reached 21 inches, the lagoons were monitored daily by production and LNM (production monitors daily and LNM weekly under normal operations per the EMS program). e.) A new PoA was submitted on 4117103 to transfer waste water to Farm CMI (Facility 82 —38). 7.) Description of water conservation measures in uses - Water meter records use. Readings are taken weekly and reported. Weekly, monthly, quarterly and yearly reports are used to track water usage against established goals for a specific farm type. The division set in motion a plan to install water conservation measures for each farm that did not have water conservation devices in place in September 02. The farms were ranked and scheduled for installation. Pressure regulators and swinging waterers were installed in the finishing buildings. The work was completed on 11119102. 8.) Lagoon level still in violation of the permit. — No, reported in compliance on 4123103. 9.) Detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. -- The facility and system worked as it was designed • Page 2 May 5, 2003 to protect the environment. BMA's will be used to manage the system. The Murphy Brown LLC Environmental Management Systems goal of continual improvement will drive the goal for compliance. The Murphy Brown LLC, Kenansville Division has submitted the information requested with this letter. I respectfully request to be involved with the review process of this NOV and answer any questions that you may have.. There should be further consideration of information that goes back to last year since the recently requested information covers that period of time. There was a request for a variance to go below the stop pump mark in order to agronomically apply to crops stressed due to the drought. This request was made to the Division of Water Quality in mid summer but the industry did not receive confirmation until late fall when it was too late. The frequency of rainfall during the winter impacted the ability to land apply nutrients in an environmentally safe manner as much as the actual rainfall amount itself. The waste management system function as designed thru an extended abnormal weather pattern. The system was effectively managed and served to protect the environment. We have worked with the Division of Water Quality in our mutual goal of protecting our environment. I request that the NOV be rescinded after a review of the submitted information. Please call me when you are ready to review the information or if you require additional information. Thank You. Sincerely, David Nordin Land and Nutrient Management Murphy Brown LLC Kenansville Division 910 — 296 - 3731 Murphy -Brown ,.,,: Kennnsville Division Running Lagoon Level & Rainfall Report Farm Name: PP Date Lagoon Level Rainfall(inches) 3/23/2002 27 0.7 3/30/2002 25 2.25 4/6/2002 26 0 4/13/2002 26 0.8 4/20/2002 27 0.9 4/27/2002 39 0 5/4/2002 48 0.9 5/11/2002 48 0.1 5/18/2002 44 0.8 5/25/2002 44 0 6/l/2002 40 1.75 6/8/2002 43 0.5 6/15/2002 43 1.25 6/22/2002 42 0.5 6/29/2002 43 1.25 7/6/2002 40 0.15 7/13/2002 37 2 7/20/2002 37 0.3 7/27/2002 35 2 8/3/2002 36 0.4 8/10/2002 43 0 8/17/2002 45 0 8/24/2002 42 0.4 8/31/2002 36 1.75 9/7/2002 38 0 9/14/2002 41 2.5 9/21/2002 43 0 9/28/2002 40 0.3 10/5/2002 41 0 10/12/2002 39 0.7 10/19/2002 37 0.7 10/26/2002 36 0.8 11/2/2002 35 1.7 11/9/2002 32 0.5 11/16/2002 30 2.8 11/23/2002 27 0 11/30/2002 27 0 12/7/2002 31 0.9 12/14/2002 30 1 12/21/2002 30 0.7 12/28/2002 29 0.7 1/4/2003 28 1 1/11/2003 30 0 1/18/2003 31 0.3 1/25/2003 32 0.3 2/1/2003 32 0.4 2/8/2003 31 1.25 2/15/2003 30 0.6 2/22/2003 28 1 3/1/2003 24 1.75 3/8/2003 23 1.5 3/15/2003 21.5 2 Tuesday, April 22, 2003 Page l 111 I.I .11111 A IwA�.�.IR�II_ Kena- illy -1 inion Running Lagoon Level & Rainfall Report Kennnsville Division Farm Name: PP Date Lagoon Level Rainfall(inches) 3/22/2003 18 4 3/29/2003 19 1 4/5/2003 19.5 0 4/12/2003 16 3.8 4/19/2003 21 0 �. Iilllil�lll I_lil Tuesday, April 22, 2003 page 2 o�0� wArz;qQc Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources p 'r Alan W. Klimek, P.E. Director Division of Water Quality Aril 16 2003 1 CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 3 2003 F.J. Faison, Jr. 311 Vance St Clinton NC 28328 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Pork Plus #82-25 Sampson County Dear Sir or Madam: On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on July 2, 1998. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action .by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal Customer Service: Melling Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733.0059 Raleigh, North Carolina 27699.1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / i W. post -consumer paper htip-Ah2o. enr. state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoons) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, Alan W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. R J. Faison, Jr. P. O. Box 856 Warsaw, NC 28398 Dear Mr. Faison: RECEIVED AUG 14 2000 1�::--.YE•fTEVILLE 0-4 AM660—ftm"009op- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Remission Request Pork Plus Farm Farm # 82-25 Sampson. County File # DD 00-002 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on October 4, 2000, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, s� Steve Lewis Non -Discharge Compliance & Enforcement cc: ea`ul-Rawls1 FRO Regional Supervisor w/attachment Frank Crawley, AGO w/attachment Central Files w/attachment File # DD 00-002 w/attachment Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Enrployer 50% recycled / 10% postconsumer paper http://h2o.eiir.state.tic. ris Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Mr. Steve Lewis Division of Water Quality N.C. Department of Environmental and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Request for remission or mitigation of civil penalty assessed against Pork Plus farm (farm #82-25) Dear Mr. Lewis: P O Box 856 Warsaw, NC 28398 July 28, 2000 N,J G 2 2C'O'J 1'I!jjrErt �.`t1r1.t.I.1.Y `i.i^•s:it)I i By this letter I formally request that the $7,319.60 civil penalty assessed against Pork Plus be rescinded or at least substantially reduced. I certainly feel that the assessment is excessive in light of the particular circumstances outlined below: 1. I have operated this facility for more than twenty years without any Notices of Violation or discharges to waters of the state. 2. The language used in the DWQ assessment letter "making an outlet to the waters of the State" is preposterous. At no time and in no way have 1 made any kind of outlet to waters of the state. 3. The incident which occurred on February 10, 2000 where a small amount of wastewater escaped from one of the houses was an accident. An obstruction of some kind blocked the discharge pipe to the lagoon causing some water to leave the building. This leak occurred for a very brief period before it was discovered by the farm employees. Upon discovery, immediate steps were taken to stop the flow of water, unclog the discharge pipe, dam up the water outside the bam, pump the wastewater into the lagoon, and notify DWQ in accordance to the legal requirements. 4. The incident of February 10, 2000 discussed in the proceeding paragraph could not have reasonably been anticipated, or prevented given the past 20 years of operation under similar management practices without any previous occurrences of this nature. The obstruction in the discharge line was not visible to the farm manager. This was a freak accident. 5. The issue of high freeboard levels is complicated. Higher than normal freeboard levels were widespread in Sampson, Duplin, and other counties after the record rainfall and flooding after the hurricanes of last year. As indicated in DWQ's assessment letter Pork Plus management did properly notify the proper authorities of high liquid levels on 10118199, 11126199, 12128199, 116100, 2117100 and 6124100. Like many other pork producers the management at Pork Plus had to walk a fine line between not allowing their lagoons to fill up and applying wastewater to saturated fields, a no win predicament. As if this situation were not difficult enough, the decision makers within DWQ gave conflicting sets of instructions to farmers about how to proceed. When DWQ finally made up its mind and gave clear guidance to producers (see guidance memo attached) Pork Plus followed the guidance to the letter. A pian of action was properly prepared, sent to DWQ, and carried out on the farm. To have pumped more liquid on wet fields in the period following the storms would have posed a far more serious threat to the environment than keeping the liquid in the lagoon until the sprayfields were sufficiently dry to apply waste in a responsible manncr. In conclusion, to impose severe financial penalties on farmers as a result of a small freak accident or as a result of his exercising prudent judgement in deciding not to pump on saturated sprayfields is wrong. 1 respectfully request that the assessment levied against Pork Plus in this matter be substantially reduced or rescinded in its entire ur favorable reply to my request will be appreciated. Jr. FJF/cs Attachment STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAM ng _. IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST } ADMINSTRATIVE HEARING AND PERMIT NO. U1 k_ Q D 0 ID 0 ) STIPULATION OF FACTS FILE NO: 0d— D01_ Having been assessed civil penalties totaling,' 3 lq b D 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 Q_ 8' 1 day of ADDRESS C AoAxod"s $Z0051 -S 1-16Q, TELEPHONE State of North Carolina Department of Environment and Natural Resources ,lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Faison Investments, L.L.C. Pork Plus PO Box 856 Warsaw NC 28398 Dear Faison Investments, L.L.C.: e�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND (� TURAL R£sOURces '� A +�j May 15, 2000 ' } 2. 2 2000 R�(E �fi fid! -i.0 C� Subject: Status Update Wettable Acre Determination Animal Waste Management System Facility Number 82-25 Sampson County The Division of Water Quality (DWQ) is hereby requesting a status update concerning the completion of a Wettable Acre Determination for your subject facility. A letter dated August 27, 1999 was sent to advise you that your facility was required to complete a Wettable Acre Determination within six months (see attached letter). As of May 10, 2000 DWQ has not received the facilities Wettable Acre Determination Certification Form. Please submit to DWQ within 10 days a written explanation as to why a Wettable Acre Determination Certification Form has not been submitted. Please include the necessary information detailing the steps taken to certify this facility for Wettable Acres. Please be aware that not submitting this certification within the allotted six months may result in civil penalty assessments, permit revocation, and/or injunctive relief. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 ext. 571. Sincerely, �p f/� J Sonya Avant Environmental Engineer cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 14, 2000 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820025 Pork Plus Farm Facility No. 82 - 25 Sampson County Dear Mr. Faison: 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 10, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Pork Plus swine facility in Sampson County due to an anonymous complaint regarding the stream adjacent to the subject facility. It was observed that wastewater had left the back of building #6 due to a problem with one of the discharge lines. Wastewater was observed in the surface water drainage ditch as well as an Unnamed Tributary (UT) of Bakers Branch which is Class "C SW" waters. Two earthen berms had been constructed in the surface water drainage ditch. The DWQ regional office was not notified of the discharge until after the investigation had been conducted and Howard Hobson, a Carroll's employee, had been informed of the problem. The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why the discharge occurred and what steps have been taken to assure incidents of this nature do not occur in the future. 11 11.1 225 GREEN STREET, SUITE 714 / SYSTEL 8LO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHO910-495-1 541 FAX 910-488-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% INCRECYCLED/10% POST -CONSUMER PAPER Page 2 Pork Plus Farm March 14, 2000 2. Please explain why the discharge of animal waste was not reported to the DWQ regional office as required by the General Permit. 3. Please explain when the discharge was discovered and what specific actions were taken once the problem was identified. 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 and for failing to report the discharge as required in General Permit condition 1I1.6.g. 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 24, 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 Pork Plus Farm March 14, 2400 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. Sincerel — .r Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Howard Hobson - Carroll's Foods, Inc. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED F.J. Faison Pork Plus 1'0 Box 9 Newton Grove, NC 28366 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary AQUIFER PROTECTION SECTION November 18, 2010 Subject: NOTICE OF DEFICIENCY Pork Plus, Facility 482-025 AWS820025 Sampson County NOD -2010 -PC -1 1301 Incident no201000019 To Whom It May Concern: On December 29, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified of a high freeboard level in lagoon 1. We wish to thank you for notifying DWQ of this incident. As a result of this incident, 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 Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency I - Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 Phone: 910433-33001 FAX : 910.486-07071 Customer Service: 1-877-623-6748 Internet: www.h20.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer Onc NordiCai-oli.iia Naturally Cont. Page Two November 18, 2010 Pork Plus On December 29, 2009 a lagoon/storage pond level was documented at 18.5 inches. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency l: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 ofyour permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact our office at (910)-433-3300 Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC Murphy -Brown LLC December 16, 2010 Robert Marble Environmental Specialist North Carolina Division of Water Quality Fayetteville Regional Office 225 Green Street Ste 714 Fayetteville, NC 28301 Dear Mr. Marble, PO Drawer 856 282214wy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax: 910-293-6957 RECEIVED DEC 2 1 2010 OENR-FAYEfTEVlLLE REGIONAL OFFICE I am writing to you on behalf of Mr. F.J. Faison, owner of the Pork Plus facility which is located in Sampson County. This facility was issued a Notice of Deficiency by your office on November 18, 2010 in reference to NOD-2010-PC-1130/incident no.201000019. Due to excessive rainfall amounts, which resulted in freeboard elevations deficiencies requiring DWQ notification and as well as a 30 Day POA, where implemented at the end of December 2009 as required per our general state permit.. The POA which was written and submitted to your office approximately 1212912009. Enclosed are the freeboard and irrigation records for that time period. If you need additional information, please contact Toni King at Murphy Brown, LLC toniking@mu!phybrownllc.com Sincerely Toni W. King Technical Specialist Murphy Brown LLC Environmental Compliance 12/06/2010 14:59 % 0 9105940238 GIS OF NC North Carolina Department of environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Govemor Director AQUIFER PROTECTION SECTION November 18, 2010 PAGE 02/03 Dee Freeman Secretary CC, )ftTUXED 1hMIL &E'1 M- ' REEZIPT Rr6T] STE1D F.J. Faison Pork Plus RECEIVED PO Box 9 Newton Grove, NC 28366 DEC 2 1 2010 Subject: N=CY, OF X?EUP—zn-y- DENR—FAYETTEMLLE REGIONAL OFFICE Pork P1us, Facility #82-025 AWS820025 Sampson County NOD -2010 -PC -1130/ Incident no.201000019 To Whom it May Concern: On December 29, 2009, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified of a high freeboard level in lagoon 1, We wish to thank you for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the suu jcct animal waste disposal system pursuant to 1.5A NCAC 2T Section ,1300, you have been found to be in violation of your dertified Xr imarwaste Mahigenient Man andthr Swiile Wam System Guntral-ft mit No. AW0100. 00n that you are covered to operate under, as follows: Deficiency l: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Cettifcd Animal Waste Management Alan in accordance with Condition V. 2. of Swine Waste System General Permit No, AWG100000. AQUIFER PROTECTION SECTION 225 Green 3t., Ste. 714 Fayetteville, North Catarina 28301 Phano:910433-33001 FAX: 810466-07M Customer Serviz 1-877-823.6748 Internet www h2Q.1M[.$tatc.nc U9 An Equd OoPonunity 1 AMIrmeMro Action Emptoyer DCarolina Naurally _ 12/06/2010 14:59 9105940236G25 OF NC PAGE 03/03 Cont. Page Two November 18, 2010 Pork Plus On December 29, 2009 a lagoon/storage pond level was documented at 1.8.5 inches. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for Che high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take Any necessary action to correct the above deficiency and to provide a written response to this Notice within-3.0days of receipt of this lettar. Please.include. in youraresponsz all corrective actionsalr+eady taken _ and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact our office at (910)-433-3300. Sincerely Robert Marble Environmental Specialist Fayetteville Regional Office ec: Keith Larick - CAFO Unit - - Siinipsan Courity'SO-11 mid Watt Cammi-vation District— - - NC.DSWC-FRO FRO Compliance Animal .Files Murphy -Brown, LLC PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-25 County: Samoson Facility Name: Pork Plus Certified Operator Name: .fames Blake Moore Operator Number: 26555 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 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: 1 Spillway(Y or N): N Level(inches): 18.5 2. Check all 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. X Waste is to be pumped and hauled to off site locations. Volume 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 DWO 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: 12/31/2009 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. Faison Investments, LLC Facility Owner/Manager (print) Facility Owner/Manager (signature) Phone: (910) 293-3434 Date: 12/29/2009 F4e0o#-OL11,f(0((6, 5 A6�-- r"�, II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY r. acres 1. Structure ID: Pork Plus 1 line m = 589.8 Ib PAN 2. Structure ID: C&M1 line m = -342 Ib PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = Ib PAN n. lineal +2+3+4+5+6= 247.7 lb PAN III. 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. o. tract # p. field # q. crop r. acres s. remaining IRR t. TOTAL PAN u. application window' 2 PAN balance BALANCE FOR (lb/acre) FIELD (lbs.) column r x s 3410 2E Small Grain 4.14 28.67 118.7 Sept -Apr 3410 2F Small Grain 7.11 28.67 203.8 Sept -Apr 3410 1A Small Grain 2.46 50.00 123.0 Se t -A r 3410 2A Small Grain 4.05 50.00 202.5 Sept -Apr 3410 2B Small Grain 6.32 50.00 316.0 Sept -Apr 3410 2C Small Grain 1.69 50.00 84.5 Sept -Apr 3410 2D Small Grain 4.41 50.00 220.5 Sept -Apr 3410 4B Small Grain 3.751 50.00 187.5 Sept -Apr 3410 4C Small Grain 3.78 50.00 189.0 Sept -Apr 3410 4D Small Grain 2.37 50.00 118.5 Sept -Apr 3410 4E Small Grain 4.40 50.00 220.0 Sept -Apr 3410 5A Small Grain 5.43 50.00 271.5 Sept -Apr 3410 5B Small Grain 4.62 50.00 231.0 Sept -Apr 3410 5C Small Grain 3.67 50.00 183.5 Sept -Apr 3410 Sub 2 Small Grain 7.07 50.00 353.5 Sept -Apr 3410 Sub 4 Small Grain 4.47 50.00 223.5 Sept -Apr 3410 Sub 5 Small Grain 2.18 50.00 109.0 Sept -Apr 12412 1 Wheat 2.83 144.00 407.5 Sept -Apr 12412 2 Wheat 9.57 144.00 1378.1 Sept -Apr 12412 3 Wheat 10.71 144.00 1542.2 Sept -Apr 12412 5 W heat 5.33 144.00 767.5 Sept -Apr '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) : 7451.4 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 247.7 Ib. PAN PoA (30 Day) 2/21100 Type of Visit Compliance Inspection 0 Operation Review 0 Lagoon Evaluation Reason for Visit O Routine (D Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Irate ol'Visit: T -57- lime: Facility Number 8 p?S =NotOperational Below Threshold MpermittedCerttiiified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: _ _ Q� k %JIu� Count•:-51?=.�So.v Owner Name: �u r r�Li _ ror.✓.v Phone No: Mailing Address: Facility Contact: Title: Onsite Representative: d.z?, Certified Operator: J -a Location of Farm: Phone No: Integrator: mu rA r Operator Certification Number: ��GS'slkl- P Swine ❑ poultry ❑ Cattle ❑ Horse Latitude ' " Longitude 0 Swine. Wean to Feeder Feeder to Finish Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish L.-.] Gilts t [,] Boar ign ...; Ceir�•ent , ; :. ,Design, €{`Cu 200 1 1114❑ Non -La er __ .I� N € ;• Tol rl rent l: Design Current 1 >I atina I' Cattle i E 1 Ga achy. '' Po ' tiltition } t u;: ❑ Dairy,.� ❑Non-Dai4. �l Design Capactt<'' ,�lTntailSSLW �`,� �r �1 i,• EI j ! 1i3 1 E i 3 i _. E `_p !i{i� 91 � ��� i,P` 3c�s'3,i�'I lYultttberOf Ly(ag©ons S, 1'E` ;''i,E,333 Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area, IE I I� �fS E I! '. € � I € li, � I f,,' � 3 j.�HoldW ' Ponds /:Solid Traps i's� 'i'3' i `i''i: ❑ No Li uid Waste Management Svstem Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes 1�1 No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? 0 p d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4, Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes Z No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: / Freeboard (inches): 9 It 05/03/01 Continued Facility Number: ya — Date of Inspection 0 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes M No seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or ❑ Yes ® No closure plan? (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? M 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 ❑ Yes ® No elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? []Yes No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ® No ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type gerAl7iAgAn5 cx w 5 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 ,j No 16. Is there a lack of adequate waste application equipment? ❑ Yes No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes No 19. 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) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ( No Air Quality representative immediately. •,i:!«!' ':tk^a'"9W� E:•:l.wit'.<,@,h;Y:i�.K,••�>:."Y"�"1ni.,r�:;�1.,!k,....-:.+.�f.?y,.."Irai.Ee"El�ty'�"..n�.;i�sN ...'�t:�'.�,': ._s.. .i-°En.,"aw .r, .1!tl .4d.., .. ,. bj..0-..t'6 :..: 7:1 ' Gomm mts tWer to question #) E tplain�sny YFS suaswers gsnri/or.gny�recoimmenciatioasEor any other comments j .'u. 5( [d;jp,�j4f.flr '!i'M•u( Use drawings.of fadlity to,better kacplarn s�tuatiorts S{use atldihonal pages as necessary) (� Field Ca Final Notes ¢y ,_ :r €„° `4< 'E, iEH; {` s ° r:r , aFP €, Er Copy ❑ §l�tl'b,l�t?if�Sie;F ,a ?.1n�iflaiiA 7- �� y ��,� �zz,-L ha„ bg. 4 S1(70�5. 1 tt' W1 I % 1 !' 'D/1l'Tor rie1., /H fir►' �9�'C� 5 C.l�-t 41 e—ko YD� reSS 141-1 1 q 9.�-a9 i�..1� I � f? y--. `o e.'�,• -} t c 1-� � t b ►�. Q iy b i L � Y Q L S, Fly] Reviewer/InspectorName ,',,.€��� iif Reviewer/Inspector Signature: Date: 12112/03 Continued Facility Number: a — mss- Date of Inspection Reauired Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes / No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes QJ No 23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes No ❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes rXj No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes m No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 27. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes q No 28. Does facility require a follow-up visit by same agency? ❑ Yes [�j No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) Yes ❑ No 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes[f J No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ® No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes [J No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Farm ❑ Crop Yield Farm ❑ Rainfall [--]Inspection After 1" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form 13 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 'diiitioaaltCoiiiiienis'iiiid/or'Dro W in 'g k , ; z .. r4.a�i.:.ix�+'•airy^`f�huxutanrnmr.:a,nr,�l:;��uu�nur,ar„�iuloaiszi�cn;i..,=�.aryl&,i��o��....�i,.7;i,1�,1�.,�,w���.wdF.�..u,.6rtL.,E�N...Pp�,Wli':f�,,.4,�!�,.�p,i�,i�l.i(�.l!„I��,.�:.,�i.frets:�t:,+��:��„ll�alll�.uhl,.�.��,�� a.,1ffJ.",.! L 12/12/03 IType of Visit 0 Co lance Inspection O Operation Review O Lagoon Evaluation I Reason for Visit Routine O Complaint Q Follow up O Emergency Notification Q Other ❑ Denied Access Il Date of Visit: - �,F-=+� Time: LFacility Number Not O erational OBelowThreshold O Permitted 0 Certified n[3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: Po- //, 6 ia-. S County: Owner Name: Mailing Address: Facility Contact: Title: Onsite Representative: I� Certified Operator: Location of Farm: Phone No: Phone No: Integrator: Operator Certification Number: ❑ Swine ❑ Poultry ❑ Cattle ❑ Morse Latitude 0 IF—] 11 Longitude • 6 1. Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacitv Population ❑ Wean to Feeder ❑ Layer I FO—Dairy ❑ Feeder to Finish 10 Non -Layer I Non -Dai ❑ Farrow to Wean El Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts 3 ❑ Boars Total SSLW Number,of Lagoona ., ,.; ❑ Subsurface Drains Present ❑ LU oon Area 10 Spray Field Aren Holding Ponds l Solid Traps 10 No Liquid Waste Management S stem Discharges -4 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. It`discharge is observed, did it reach Watcr of the State? (II'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 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): t 05103101 ❑ Yes 10 ❑ YesNo El Yes No ❑ Yes RfN ❑ Yes ❑ YesN9KI ❑ Yes No uctur 6 Continued Facility Number: — b 2s Date of Inspection p 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8. Does any part of the waste management system other than waste structures require maintenance/improvement'? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ]Taste Application 10. Are there any buffers that need maintenance/improvement? 11, Is there evidence of over application? ❑ Excessive Ponding� ❑ PAN ❑ hydraulic Overload 12. Crop type ..r17J (L w 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14, a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment'? Required Rgeords & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available'? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23, Did Reviewer/inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency'? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes No ❑ Yes No ❑ YesNo El Yes No ❑ Yes No ❑ Yes No ❑ Yes ❑ No ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Reviewerlinspector Name Reviewer/Inspector Signature: s or any other comments:.. ❑ Field Copv ZFinalNotes Date: It 1* 1* 7 j D 05/03/01 Continued Jul 22 03 01:27F • MURPHY -BROWN 9102933138 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-25 County: Sampson Facility Name: Pork Plus ' (Revision of current 30 Day PoA dated 7-15-03) Certified Operator Name: SIc bt /yipMe! . Operator Number: 19, , SS 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 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: PP Splllway(Y or N): N Level(inches): 11 2. Check all applicable items X 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. X 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 til tables. Included within this plan is a list of the proposed sltes 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: 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. _ LFacility /�Qde� /Ud/� rn Phone: %le Owner/ anager (pr€nt) �'WJC4C 4 -i"` -t"`. _ Data: % ~X3 Facility Owner/Manager (signature) P.9 N 13 Jul 22 03 01:27p MURPHY -BROWN 9102933138 P•10 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE! FIVE (S) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): I PP 2, Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 Inches or greater) c. line b - line a (inches within structural freeboard) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line ell x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period 11.0 inches 15.0 inches 4.0 inches 212696 gallons f. temporary storage period according to structural design 90 days g. volume of waste produced according to structural design 69233 ft3 h. current herd # f 4-2-0-01 certified herd #1 4200 actual waste produced=crrent her # 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)x7.48x5dayslllnef= 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e * line It = 69233 ft3 �ft3 52211 ft3 50467 gallons 263163 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2121100 Jul 22 03 01:28p MURPHY -BROWN 9102933138 p.11 11. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY t. acres u. remalning IRR -2 PAN balance (ib/acre) 1. structure ID: PP line I = 263163 gallons 2. structure ID: line i = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: fine I = gallons ' n. lineal +2+3+4+5+6= o. line n 127154 = 263163 gallons 9.69 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOU'2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for recelving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s, crop t. acres u. remalning IRR -2 PAN balance (ib/acre) v. maximum W. maximum application rate application (in/hr) amount (inches) 2701 3A Autryville Bermuda 2.16 186.32 0.6 1 3B Autryville Bermuda 1.97 222.941 0.13 1 3C Autrvville Bermuda 1.97 184.5 0.6 1 3D Autryville Bermuda 2.16 220.31 0.6 1 3E Autryville Bermuda 2.89 191.24 0.6 1 3F AutryvUle Bermuda 4.06 205.84 0.6 1 313 Autryville Bermuda 3.80 167.26 0.6 1 3H Autryville Bermuda 3.52 149.09 0.6 1 x. total acres available during 5 day draw down (sum of column Q = 22.53 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA I pay) 21ling o - 0.43 Inches per acre to be applied within 5 days Jul 22 03 01:28p MURPHY-HROUN 9102933138 p.12 line x If unable to land apply hydraulic load listed In line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump $ haul and herd reduction options, recaicuwate new n araunc ioaa oasea on new information. The volume of water in this summary will be transferred to Facility #82-385 Farm 2701. The current level of this structure is 59". The field summary above represents land available at the receiving farm. Plan to land apply hydraulic load: scribe moisture conditions of fields? (e.g. Is there water standing in Field; does irrigation ICu to and amount of last rainfall event? DATE: AMOUNT: inches 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal Ge. winter) application rates within 5 days? 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts 1gation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to PoA (5 Day) 2121 /00 Jul 22 03 01:28P MURPHY -BROWN 9102933138 P.13 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIEt: 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): PP 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a, current liquid level according to marker 15.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 9-01 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 85306 fie e. line 012 x line d x 7.48 gallonslft3 212896 gallons 3, Projected volume of waste Ilquid produced during draw down period f. temporary storage period according to structural design 80 days g. volume of waste produced according to structural design 69233 fi3 h. current herd # F 4-2001 certified herd #1 4200 actual waste produced = current herd # x line g = 69233 fta 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 1 06124/2003 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 �JW 52211 W 302800 gallons i,70 ibs11000 gal. 676.3 lbs. PAN Jul 22 03 01:28p MURPHY -BROWN 9102933138 p.14 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY I. Structure ID: PP line m = 876.3 Ib PAN 2. Structure iD: line m = lb PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = Ib PAN n. lineal +2+3+4+6+6= 876.3 lb PAN Ili. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOW PLKIUU. UU NOT LIST I-IELUS I U WHICH PAN CANNU 1 I t APPLIED UUKINU I MI5 JU UAY I'EKIUU o. tract # p. field # Q. crop r. acres s. remaining IRR t. TOTAL PAN u, application wlndowl 2 PAN balance BALANCE FOR (Ib/acre) FIELD (Ibs.) column r x s PP 6D Soybeans 4.87 150.60 733.4 Apr -Sept 6E Soybeans 7.08 152.99 i 083.2 Aqr-Sept ,.Lava GunanL L�ItJI,J 0I1411IIJ applitiCuvn UdtC VI I1WAt M VFJ C3jJV11L.0t1Ul1 U6La11111411W uQLLS IV$ avClnaUM receiving crops during 30 day draw down period. v, Total PAN available for all fields (sum of column t) = 1816,6 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 876.3 Ib. PAN PoA (30 Day) 2121/00 Jul 22 03 01%29p MURPHY-HROWM 9102933138 P.15 x. Crop's remaining PAN balance (line v from section fll) = 1816.6 Ib. PAN y. Overall PAN balance (w - x) = -940 Ib. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump anc (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 Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land Is available for pumping If needed. In addition to the land application at this site, 2" of water All be transferred to another site. The receiving structure is an adjacent farm C & M I. The current level of this structure is 30". The land application on this revision reflects use of the land at C & M I to apply the PAN in the 2" to be transfered. The actual PAN balance of the C & M field is greater than 20 lbs. PoA (30 Day) 2/21100 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. F.J. Faison, Jr. 311 Vance Street Clinton, NC 28328 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Pork Plus Facility Number 82-25 Sampson County Dear Mr. Faison: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. WKY NCD Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity I Affirmative Action Employer 50% recycled 110% post -consumer paper http:/)h2o.enr.state.nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. � nceely Pawls Water Quality Regional Supervisor cc: FRO CAFO File: 82-25 Non -Discharge Compliance and Enforcement Unit Central Files 4 ;'"� T •:'1. Lam.. � +: y „ - �t1_ y t �';x { r i � v'+ 9 � k"r,'.� �t •.`�.,, `y'. 4 «� ;� .� 3.- y 4 .� 1 w f.;.fi 'i ��'�-� y x � �� �,� i f✓ '�- .. ��... �' .... ..'��t �n��9�.z •�;{. �. n!... .���-..., ;.Y.� G; ..`:.7, „-c�.z,. .E:'.r�.- ...z �i ,.. .... 'w. _�n,.u. �.�5�_�. a..- 4e7:'r .., .' ...,. A:.. .�.n-,�v,'; Type of Visit O Compliance Inspection O Operation Review@ Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 82 25 Date of Visit: 07-07-21)t13 Time: 3:Q0 m - — -- � Not Operational 0 Bclow'1'hreshold ® Permitted ® Certified 13 Conditionally Certified 0 Registered Date Imst Operated or Above'1'hreshoki: ......... Farm Name: Ptir flus ..................... County: SjuUpsQ1L ................................ FRA--•--•--- Owner Name:��-----------r8lsouJr------------ Phone No:4dQ91�I49------------------ MailingAddress:tl.Ya�tG�.St...........................................................................................C.Iinloia..NC............................................,............,.. Z83.2,8 .............. Facility Contact ..rifle : ............................................... Phone No: ...................................... Onsite Representative:------•-------------------•--------------------_-_--- Integrator:C4ri4�1'E40[1&ill�.---•-•----------------• Certified Operator: ,j Mgjj..Blp&....................... MQ.(jr.0 ..................... ......................... Operator Certification Number: 2.4.555............................. Location of Farm: On the soutwest side of SR 1928 approx..4 miles south of its intersection with SR 1911 + ® Swine ❑ Poultry ❑ Cattle ❑ Horse I..atilude F 34 OF 57 ' 3fl 4 I.ongitude 7fl ' 10F 38 Design'_ ,: Current; " Design Current' Design 'Curient Swine.:,: .Caael ' Po ulation,' Poultry ` Capacity_, Popuiation Cattle Capacity Population , ❑ Wean to Feeder ® Feeder to Finish 4200 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Total SSLW Num6WU Lagoons: 1 ❑ Subsurface Drains Present ❑Lagoon Area ❑Spray Field Area �tHolding Ponds -/-Solid Traps [[—:]No Liquid Waste Management System Discharues & Stream Impacts I . Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State'? (lf'yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated low in gal/min? d. Does discharge hypass a lagoon system'? (Ifyes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters ofthe State other than from a discharge? ❑ Yes ❑ No Waste Collection &'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spiifway ❑ Yes ❑ No Structure 1 . Structure 2 Structure 3 Strucun•e 4 Structure 5 Structure 0 Identifier: Freeboard (inches), ............ 1.4............ . 0S/I}3/Ill C:nnlinuPd Facility Number: 82-25 Date of Inspection 07-07-2403 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8, Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? []Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 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 h) 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'? 16. Is there a lack of adequate waste application equipment? Reouired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design'? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. =` ¢, '- q- r ;' .i - �. - ._�{r.fixv, ,Comments (refer to question,# ) Explain any YFS answers and/or:any recommendations oi• any other comnients j Use,dra`wtngs of facility to better explain sittiations(useaddltional pages"as necessary) ❑ Field Copy ❑ Final Notes Visit made in response to July rains from TS Bill. Company reported and LCB verified lagoon level and walked the banks looking for weak spots. None found. 1W x , Reviewer/Inspector Name Larry Baxley° Reviewer/Inspector Signature: Date: [Fwd: Lagoon Freeboard Notifications] Subject: [Fwd: Lagoon Freeboard Notifications] Date: Mon, 24 Mar 2003 10:36:50 -0500 From: Paul Rawls <paul.rawls@ncmail.net> To: Barbara Scantling <Barbara.Scantling@ncmail.net> PLEASE PLACE A COPY OF THIS IN EACH FILE. AND GIVE PAUL S A HARD COPY THANKS Subject: Lagoon Freeboard Notifications Date: Fri, 21 Mar 2003 15:42:01 -0500 From: "Cavenaugh, Tonya" <TonyaCavenaugh@brownsofcarolina.com> To: "'paul.rawls@ncmail.net"' <paul.rawls@ncmail.net> CC: "'Paul.slierman@ncmal1.net... <paul.sherman@ncmail.net>, "Nordin, David"<DavidNordin@brownsofcarolina.com> The lagoon freeboard levels at Pork Plus and 2528 are as follows: Pork Plus Facility #: 82-25 Lagoon Level: 18" 2528 Facility #: 82-470 Lagoon Level: 18" This freeboard notification will be followed by a PoA. If you have any questions, please contact David Nordin at 910-296-3731. Tonya Cavenaugh Murphy Brown LLC Kenansville Division (910) 296-3732 Land & Nutrient Management Adnainistrative Assistant Name: Notebook.jpg ."Notebook,ipType: JPEG Image (imageljpeg) Encoding: base64 1 of 1 03/24/2003 11;42 AM ;L11- WN'SOLINA June 25, 2002 Mr. Paul Rawls Regional Water Quality Supervisor Division of Water Quality 225 Green St., Suite 714 Systel Building Fayetteville, NC 28301-5043 Re: Notice of Violation Pork Plus Permit # AWS0820025 Facility No. 82-25 Sampson County Dear Mr. Rawls, 2 6 �0�2 Brown's of Carolina Farm, Pork Plus, reported an accidental wastewater discharge on May 13, 2002, resulting in wastewater entering an unnamed tributary of Bakers Branch. A report of this incident was sent to the Division of Water Quality on May 16, 2002 (see attached copy). The root cause of the problem was a clogged discharge line. Upon discovery of the discharge, the blockage was removed and the discharge system returned to normal working order, All waste from the accidental discharge was captured and returned to the lagoon. The Brown's of Carolina EMS program makes a commitment to continuous improvement for the environmental program, A review of the incident and in this case, due to the close proximity to the branch, a corrective action/work order was submitted to Murphy -Brown, LLC engineering and heavy equipment to install permanent secondary containment basins on or before Sept. 23, 2002. In this particular case, the above stated corrective action is, in our opinion, appropriate for this farm site and should answer your request of additional information in the letter dated June 10, 2002. To the best of our knowledge, Brown's of Carolina has complied with all of the provisions of the permit for the Pork Plus Farm. The response, remediation, root cause analysis, and appropriate corrective action reflects the commitment to our Emergency Management System (in turn, our regulatory responsibility as well). If l can be of any further help, please call me at 910-296-1800 ext. 238. BROWN'S OF CAROLINA, INC. 785 HWY 24 EAST - P.O. BOX 487 - WARSAW, N.C. 28398 • PHONE (910) 296-1800 } BROWN"s OF CAROLINA Sincerely, X44 7W4,,-, David Nordin Director of land & Nutrient Management Brown's of Carolina /tmc Attachments BROWN'S OF CAROLINA, INC. 785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.G. 28398 • PHONE (910) 296-1800 sROWIR DF CAROLINA 2 6 May 16, 2002 Mr. Paul Sherman Environmental Engineer Division of Water Quality 225 Green St., Suite 714 Systel Building Fayetteville, NC 28301-5043 Re: Accidental Discharge at Pork Plus Facility # 82-25 Sampson County Dear Mr. Sherman, Brown's of Carolina reported a spill to the Division of Water Quality on Monday, May 13, 2002. The complex manager found the incident on his routine inspection of the farm site at approximately 9:30 am. He immediately contacted the farm manager and initiated the Emergency Action Plan. The EAP is a critical component of the Environmental Management System. The root cause of the problem was a clogged discharge line that caused water to back up in the house and exit through the pit exhaust fan. The incident possibly started Sunday, May 12, 2002 at some point in time after the farm employees finished work at 11:00 am. The recycle pump was not run due to the short workday. The 650 pigs in the finishing building were at the 12`" week of the finishing cycle, which would have put the water usage at 1.5 gal/pig/day. The window that the incident could have started was 22'/2 hours (94% of one day). The spill was approximately 917 gallons (94% X 1.5 gal/head/day) of which approximately 55 gallons was contained on site and 862 gallons reached an unnamed waterway. The water flow in the branch was not discernable from a visual inspection (due impart to the drier than usual conditions). Several intermediate dams were put in the branch with burial containment occurring where the branch crosses Bill Williamson Road. The wastewater and fresh water was thoroughly contained at this point. A pump was set up at the mid -point of the spill and pumped back into the lagoon. The end point on Bill Williamson road was pumped into a tank and hauled back to the lagoon. Fresh water was used to flush the spill site and the branch to containment points to help ensure a thorough clean up. The amount of fresh water and wastewater pumped into the lagoons was 54,800 gallons (a BROWN'S OF CAROLINA, INC. 785 HWY 24 EAST - P.O. BOX 487 - WARSAW, N.C. 28398 • PHONE (91M 296-18CO BROWN -s OF CAROLINA great deal of fresh water was added to aid in a thorough clean up) at a cost of $1055.3#. A work order was sent on May 16, 2002 to Murphy -Brown LLC Engineering to design containment structures at this site in order to address a future potential problem. The sequence of events in this instance demonstrated the effectiveness of the Emergency Action Plan a component of the company's Environmental Management System (EMS). Identification of the problem, notification to responsible parties, containment and remediation were in a timely efficient manner. To the best of our knowledge, Brown's of Carolina has complied with all of the provisions of the permit for the Pork Plus Farm. If i can be of any further help, please call me at 910-2961800 ext. 238. Sincerely, David Nordin Director of Land & Nutrient Management Brown's of Carolina Itmc BROWN'S OF CAROLINA, INC. 7Rr WIAN '7d �:6CT n n Type of Visit Compliance inspection O Operation Review O Lagoon Evaluation Reason for Visit IRkoutine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number Date of Visit: Time: -s, rQN00yerational OBelowThreshold Permitted 0 Certified O Conditionally Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: —k& r County: _ Owner Name: &a sDn- J+°S� �r Phone No: Mailing Address: j r Facility Contact: haijp_ I V O'r771(I%- Title: Onsite Representative:�ax L a Co e, Certified Operator: �a /110 Location of Farm: Phone No: Integrator: Operator Certification Number: ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0 6 144 Longitude 0 4 Design Current Swine ❑ Wean to Feeder Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feedei Farrow to Finish ❑ Gilts El Boars Number of Lagoons °'Holding Ponds / Solid Traps Design Current Design Current Poultry capacity.. Y oulation Cattle Capacity Population ❑ Layer I 1 11 JE1 Dai ❑ Non -Layer I 1 11 10 Non -Dairy ❑ Other j �I - - - - -- - Total Design Capacity y 2 a73 Total SSLW Subsurface Drains Present 11EILsizoonArea ❑ Snrav Field Area 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) e. 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? ❑ Spillwav Structure I Structure 2 Structure 3 Structure 4 Identifier: Freeboard (inches): 05/03/01 Structure 5 ❑ Yes Alo ❑ YesI-No f/No ❑ Yes ❑ Yes �o ❑ Yeso ❑ Yes TNo ❑ Yes Structure 6 ` Continued Facility Number: g2. —.2 Date of Inspection 0L `d 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ YesNo seepage, etc.) 14 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4_{, was answered yes, and the situation poses an El Yes XNo 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 Apnlication 10. Are there any buffers that need maintenance/improvement? ❑ Yes A No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ P ❑ Hydraulic Overload ❑ Yes o 12. Crap type C ,- 13. Do the receiving crops di4r with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes J�rNo 14. a) Does the facility lack adequate acreage for land application? ❑ Yes E�No b) Does the facility need a wettable acre determination? ❑ Yes ,'No c) This facility is pended for a wettable acre determination? ❑ Yeso 15. Does the receiving crop need improvement? ElYes No 16. Is there a lack of adequate waste application equipment? ❑ Yes WNo Reguired Reg2rds & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ANO 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 A No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes XNo 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 9�No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes XNo t'f 1 DW f d b G I P ' 1) ai to no t y regtona Q o emergency srtuatiUlm as require y enera etmrt. (ic/ discharge, freeboard problems, over application) ❑ Yes ONo 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes M% 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 - wo No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Ll9CggraWing9"OI 14011Q'tolbbettC0121111situntions (use ru_duitlonaltpagesm (necessary,}; El Field Copy El Final Notes Reviewer/Inspector Name }��, 4. , . yt Mall, Reviewer/inspector Signature: - Date: 05/03/01 Continued Facility Number: L — Date of Inspection ~4 Odor Issues 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28, Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan bladc(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanentltemporary cover? F►dditional Cam'tn"ents:'an°d1or:Drawmgs 05/03/01 Ayes ❑ No ❑ YesNo El Yes o ❑ Yes P(Na ❑ YesVNO o ❑ Yes ❑ Yes ,�No Q�WA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor June 10, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Brown's of Carolina, LLC Attn: Mr. David Nordin P.O. Box 487 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION Pork Plus Swine Farm Permit No. AWS0820025 Facility No. 82-25 Sampson County Dear Mr. Nordin: William G. Ross Jr., Secretary Alan Klimek, P.E., 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 2H .0217 permit. On May 13, 2002 a representative of Brown's of Carolina informed the Fayetteville Regional Office of the Division of Water Quality that a discharge of wastewater had occurred at the above referenced facility and that wastewater had reached Waters of the State. Representatives from the Fayetteville Regional Office visited the facility to investigate the discharge and review the remediation efforts. The discharge occurred due to a clogged discharge pipe in one of the swine confinement houses. The waste exited the house though a pit fan and traveled overland to a storm water diversion ditch. Waste traveled down gradient of the storm water diversion into an unnamed tributary of Bakers Branch. Because the flush tanks had not been operating over the holiday weekend, the discharge amount was estimated to be less than 1000 gallons. Remediation efforts stopped the waste from leaving the facility's property boundary. No evidence of waste was discovered downstream of the facility. The Division of Water Quality requests that the following items be addressed: 1. Submit response detailing the actions taken or proposed to be taken to prevent a similar incident in the future. 225 GREEN STREET—SUITE 7141 SYSTEL BUILDING! FAYE'ITEVILLE. NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.LNR,�TATLNC.US,ENIL AN EQUAL OPPORTUNITY !AFFIRMATIVE ACTION EMPLOYER -50%RECYCLEDrlO% POSTC:ONSUMCR PAPER DENR TOIL FREE HOTLINE: 1-877-623-0748 Mr. Nordin 6-10-02 Page 2 Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for this incident 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 June 26 2002. If you have any questions concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental Engineer, or myself at (910) 4$6-1541. Jau ' , PR:mps Rawls Regional Water Quality Supervisor Cc: Non Discharge Compliance Unit Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh � ,�; xY-,•.j.w 1>e � - �'-. ': aW''tia'i''�b .}�•r +ir_f��y T.., ..;�.�-- .•-+,-. 1� J ! s. sS_ � �! � Y F` .� � �,,, Y F-� ,,3�� -•r '{ tr ,��,' G�>•.r � Divlsfon•of VVa_tet• Quality 1 f rF r,{ � K s �. �r ,�„�o ,� { �, a,_ ., � - f� . � r.�,•fi°�r� n�^.'.� .'i"r� t4 ''�'i `c�� sns„�-�� `•.x uT, ! -; ;��Y. - _ k', `: i .,'ice-�k�Y '��xy E ,�� � � ;�..f�'� Y7,'�•� s' � �"� !�-' 'i �����.� Type of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access hacilily Number 82 2S Date ol'k'isir: S -t3-21162 Time-14:fl0 --...._..—,.....: ....,—j of �crational Below Threshold �N • � {� Permitted ® Certified G Conditionally Certified 13 Registered Date Last Operated or Above "Threshold: Farm Name: Park..Plus......................... County: StunpsonL............................ .--. FRO---------- Owner Name: ---------------------_-_-- Faison luve�tnteatS�i,�I. CPhone No: ---------------------- Mailing Address: F.(�RQj.$56......................................................... .... W..ArSA.W....N. C ............................ .. 2832A .............. Facility Contact: DaxeNardltt......................................'Title:............................................... Phone No: ...................................... Onsite Representative: i�aY�l`iQC{lll0.._._._._._._•-------------------------- Integrator: Certified Operator- japers.Rlajm ....................... Mpprg................................................ Operator Certification Number: 265,55 ............................ f.ocation of Farm: On the soutwest side of SR 1928 approx..4 miles south of its intersection with SR 1911 ® Swine [I Poultry ❑ Cattle [I Horse Latitude 34 57 38 longitude 78 OF 10 38 Design <Curreti# Design -Current. Design Current . Swine Ca aci Po uliition „Y,Pauttryr. ''" ,.,Ca lief Po uI tion:' .Cattle Cttt aci Po uiation ❑ Wean to Feeder ❑ Layer 10 Dairy ® Feeder to Finish 4204 ❑Non -Laver ❑Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder . ❑ Other ❑ Farrow to Finish �'� Total Design Capactty." 4,200 �Gilts ❑ Boars Tota1;SSLW,` 567,000 AL 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 ycs, notify DWQ) c. If discharge is observed, what is the estimated flow in galhnin? d. fhoes 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) fess than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 ® Yes ❑ No ❑ Yes ® No ® Yes ❑ No NIA ® Yes [:]No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No SuAucture 6 Identifier: Freeboard(inches):................_.._.._............._.._.............. ._....._................. ........................... 0.5103111 Cnnthrued Facility Number: 82-25 Date. of I nspection 1 5-13-2002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? S. Does any part of the waste management system other than waste structures require maintenance/improvement? 4. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding []PAN ❑Hydraulic Overload 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 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? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit Corrtments (refer to question;#) F.xplaln any VFS answers unci/orany�recommendatitfns ar y, other comments.,,1,p ; s Use drawttags'of facility to better explain situations: (use addltionahpages as necessary),'-- ❑ Field Copy ❑Fina[ Nates Emergency notification of discharge on farm site by Dave Nordin. Waste exited house #5 (?) through the pit fan and entered the storm water diversion ditch and associated pipes. Waste flow continued overland to the head waters of an unnamed tributary of Bakers Branch. Temporary dams were constucted and waste flow was contained with -in the property boundary. Due to the recent low rainfall conditions there was little to no flow in the UT. Downstream conditions were examined by FRO-DWQ staff to confirm that no waste flowed off of the farm property, Wastewater and freshwater mixture was recovered and returned to the lagoon. Additional freshwater was used to flush the ponded wastewater firom the storm diversion ditch and stream bed. continued next page) Re,lewer/inspector Name i'atil 5iierman= ' John Hasty Reviewer/inspector Signature: Date: US/U3/U! i Continued Facility Number: 82 -25 Dale of Inspection 5-13-2402 Odor Issues Cause of the discharge was identified by farm representives as a clogged discharge pipe in the house. The flush tanks had not been 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or 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 q.h� pin siz n3w=, t cr Additional,l-,�RTments an or. ra npb : .SAF r.t 3- Cause of the discharge was identified by farm representives as a clogged discharge pipe in the house. The flush tanks had not been activated due to the Mother's Day holiday on Sunday, Discharge flow was attributed to accumulation of excreted waste and excess fresh water in the house in the past 24 hours. Maximun discharge amount was estimated at less than 1000 gallons. information contained in this database is from non agency sources and is considered unconfirmed. ` AnimalOperation Telephone Log DWQ Facility Number FTI—PT-1 Date 7-7-2003 Farm Name pork plus ITime 8:00am Caller's Name David Nordin IControl Number 13448 ® Reporting Q Complaint Region JFRO Caller's Phone # e-mail 910-296-3731 Access to Farm Lagoon Questions Farm Accessible Breached 10 Yes Q No from main road 10 Yes Q No Inundated 10 Yes Q No Overtopped JOYes Q No Animal Population Water on 10 Yes Outside Wall Q No Confined 10 Yes Q No Dike Conditions O Yes O No Depop 10 Yes Q No Feed Available 10 Yes Q No Freeboard Level Mortality 10 Yes Q No Freeboard Plan Due Date Inches (7 equals blank) Date Plan Date Freeboard Received Level OK Lagoonl 14" 7/9/2003 1 "1.1D -Z I � ?0.3 Spray Avxilabilil►, Lagoonl t "1- Pumping Equipment JOYes O No Lagoon3 Lagoon4l� Available Fields Q Yes Q No Lagoons � Lagoon6 Information from an e-mail. POA to follow. .. .......... ..... nA.......T-.�/ - O 3...a: :.... . ............... ...... l aq.hAm....12. ............ . }.Clf:.k!... �:�'.1!t. .�.!.+.:.l:.. ' ..... .....� c.i ta......... -- --................. -- -- - - -- -- -- -- -- --•--•--•-- -- -- -- ......•.... --............ ............ .......Q.a........7. - .L.�f....a3........ - �.oa, ..... ....... ..., r l--7^ 0�---•O-"-='-�---N°�:xl �....�5? �l�ck.. ��....:�"`� .."�-It-c� ..w C.r �:.�'�. .................................................................................................................................................................................................................................................................................... _._ 0 ,, - :_ '.?_ 1 - o 3 -_ C Yr_ ,. `- - c=s_c _r_h r_4tir.-- ............................... S {.:tr:�r.4Y7.�F. 1f4i+:F',1,1'?;iK:'k:tYYiiLi+ritbiai.•'F,v'17:t:`iii.i3.!:"F:.i+;nYr;t9�Y�•lr.l.:1.':►4:tae'R:4'F?Y:Y>'Y.ry.:;i-]Sr<Y:�'Y:�':;�S:i �5iJ.41r;1�:'k:44�t1'r:1� persdnitaking call Larry Baxley i Y�"i oe; i[ cPhe grtceK,-.`C.SijSl• i���Ei.`�-.i�.'l�l�' . i�'' •lf5•L�`r''J 'r"W-" r• twin V'�#. ��. iau' Kill ivtf ��,r lsx�t� ti�,?�f a. v Sr•Ji:"." ' ,r�•.y'r'il°Ey:�i;•!�''1, t• •'•er-tr:�y;.•�• t5•�;,1,,.�1J,. �.-t�y�er• t��n+ti 4r, �. is J� i''?1�tj'F-{• f,'F*.i.� ,ik ,,F7. 'e•L� 1 -; '. 1�-rJ i #F.th '4 "� ;ti - S'"� • '6^S1- i. e .c�,�, r' Yr r` ,t .K tY' ',�.Fi�,,�J,, ice%". �.,t'FS.,.`7-1'. Fr:elm?iii,it:�iri1'r�:fkr%7�3iS�}F�iilkf.�iSF:'il+3liAo5l3ii::ii�1� Sl..f�fY+ifS�ri;iYy?#in;5il�fii{ iF:rFSru"efSil�F3iF'.SfA'Sf.i,l.F.o-�sFsF�mefl:YEi�dof:4i3ri5rtF:�xI+FSI Comments2 JUL. 3.2M3 5*34PM CARROLL'S FOODS N0.337 P.14 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIE S A 10 2003 Facility Number: AWS 820029 County, Sampson ..,,, ; f l� � � � Facility Name; Pork Plus certified operator Name: &Aejev_4 -- Operator Number: -?(- 5 1. current lNuld level(s) In inches as measured from the current llg4id level In the lagoon to the lowest point on the top of the dam for lagopns Without spillways; and from the current liquid level In the lagoon to the bottom of the spillway for lagow with spillwaya. Lagoon i Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 3 Lagoon Nsme/11D: spillway(`( or N) - N Levelpnches); 94 2. Check all applicable items ' Liquid level Is Within the designed structural freeboard elevations of one or more structures. Five and 30 day Plansof Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X liquid level Is within the 25 year 24 hour storm elevatlons for one or more structures. A 30 day Plan of Action is attached. Agronomic balance Is withln acceptable range. Waste Is to be pumped and hauled to off site locations, polume and PAN content of wasto to be pumped and healed Is reflected in section III tables. Included within this plan to a Ilst of the proposed sites with related facnity nwmper+s, 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 partlally or fully depopulated. 'Attach a complete schedule with corresponding animal 4nits and dates fro depopulation If animals are to be moved to another permitted facility, provide facility number, lagoon fheeboard levels and herd populatlon for the receiving facility 3. I:atflest possible date to begin land application of waste; 07/0412003 I hereby corlify that I have reviewed the Information Ilsted apove and Included within the attached Plan of Action, and to the beat of my knowledge and ability, the Information is aeourate and correct. Phone: adllty er/Manager (print) Date; 7— el—o3 Facility Omar/Manager (signature) JUL. 3.2003 5:34PM CARROLL'S FOODS , NO.337 P.15 , PLAN OF ACTION IPDA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOp I. TOTAL PAN TO Bi£ LANA APPLIED PER WASTE STRUCTURE 1, Strueturs NameiIdentifier (ID): 71- 2. 2. Current liquid volume in 25 yr,/24 hr, storm storage & structural freeboard e. current liquid level aerording to marker 14.0 inches b. deslgnad'26 yr.124 hr. storm & structural freeboard 18.0 Inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural Freeboard elevation) I 86308 fig e. line 0112 x line d x 7.48 gallons✓ft'' 286870 gallons B. Protected volume of waste liquid produced during drew down period f. temporary storage period aocording to structural design 90 days G g. volume of waste produced according to struatural design 68233 l h, current hard # 4200 certlfled herd # 4200 actual waste produced A 4.4lLtat hgr # x line g = certified herd 0 I. volume of wash water according to structural design j, excess rainfall over evaporation scoording to design k, (lines h + I + D x 7.46 x 30 daysAlne fa 4. Total PAN to be land applied during draw down period I. ourrent waste anglysis dated 5612412A03 I 1 m. (Pines e t k)/1000) x Ilne I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PaA (30 Day) 2121100 69233 f �fe 6?211 ft' ,+ 302800 gallons 1.70 ibs/1000 gal. 966.7 lbs. PAN SUL. 3.2003 5:34PM CARROLL'S FOODS NO. 337 P.16 i F. TOTAL POUNDS OF PAN STQRED WITHIN STRUCTURAL FREEBOARD AND/OR 28 YRd24 HR. STORM STORAGE ELEVATIONS IN ALL WASTES STRUCTURES FOR FACILITY 1. Structure ID; 1 line m = 698.7 ib PAN Z, Structure ID: line m - ib PAN 3. Structure ID: Ilse m 0 Ib PAN 4, structure ID; line m Q Ib PAN S. Structure ID: line m = Ib PAN S. Mct4re ID: line m n Ib PAN n. lines 1 + 2 + 3 * 4 + 5+6w 889.7 Ib PAN 111, TOTAL PAN BALANCE REMAINING ICOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST IRLDS TO WHICH AN CAONOT 13E APPLIED DURING THIS S0 DAY PERIOD, o. tract # p. field # q. crop r. ages i. remckno IRR. L TOTAL. PAN u, gWcaUM window 2 PAN balepoa BALANCE FOR (Ibleem) Fw tom.) � column f x i 3410 2ECoasta Bermuda 4.14 105.14 435.3 3410 2F Coastal BerMuda 7.11 98,40 685.4 state current crop ending application date or next crop OPplication beginning date for available receiving crops during 30 day drawv down period, v. Total PAN available for all fields (amm of column 0 1120,7 Ib. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE WL Total PAN to pe land applied (line n from section 11) Qa6-7 Ib, PAN PoA (30 pay) 2/21100 , JUL. 3.2003 5:35PM CAMOLL'S FOODS N0.337 P.17 x, Crops remaining OAN balance (line vfrom section III) k Ib. PAN V. Overall PAN balance (w - x) N , 1 -164 Ib. PAN Line y must show as a deficit, If like y does not show as a defic{t, list course of ao(ion here Including pump and haul, depopulation, herd reductlon, etc, For pump & haul and head redwctlon options, reealoulate new PAN based on now 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 halrled to another permitted facility, provide .Information reliardipg the hard population and lagoon freeboard levels at the receiving facility. I IRRAMEF Intgation onto existing spray fields will continue as weather and field conditions permit. Additional land Is availaple for pumping If needed. PoA (30 pay) 2121100 Jul 10 03 06:04p MURPHY -BROWN 91029331313 p,2 40 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-25 County: Sampson Facility Name: -Pork Plus Transfer Revision (Current 30 day PoA written 07-03-03) Certified Operator Name: l►•Zlale aA L Operator Number: .2 F. , 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the I ~� Y lowest point on the top of the dam for lagoons without spillways; and from the current liquid level 'JUL Q 2003in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: PP Spillway(Y or N); N Level(inches): 12 2. Check all 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. is 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 hard population for the receiving facility 3. Earliest possible date to begin land application of waste: 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. 1WZ-C- / D 4-u r ,l, t l-oe d l� facility Owner/Manager (print) X%j Z�LW, /.., N6444' Facility Owner/Mana r (signature) 0 Phone: 9/d • a94. 3 731 Date: *7-11'03 1. Jul 10 03 06:05p MURPHY -BROWN 9102933138 0 • PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE! 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): PP 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 12.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 14.0 inches c. line In - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 85306 ft2 e. line cJ12 x line d x 7.48 gallons/R3 106348 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design ®days g. volume of waste produced according to structural design 89233 ft3 h. current herd # 4200 certified herd #1 4200 actual waste produced = current herd # x line g = 69233 ft' 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 06/24/2003 m. ((lines e + k}l1000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 ® ft3 52211 ft3 302800 gallons P.3 /� 1 1.70 Ibs/1000 gal. 695.6 lbs. PAN Jul 10 03 06:05p MURPHY -BROWN 9102933138 p.4 • 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: PP line m = 695.6 Ib PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = Ib PAN n. llnes1 +2+3+4+5+6= 695.6 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWP • • PERIOD. DO NOT L15T 1-1ELD5 TO WHIGM PAN GANNOF BE APPLIED UURINU TH15 30 UAY PERIOD o. tract # p. field # q. crop r. acres S. remaining IRR L TOTAL PAN u. application window' 2 PAN balance BALANCE FOR (Iblacm) FIELD (lbs.) column r x s C & M I 1 1.2. & 5 Bermuda 32.70 25.00 817.5 Mar -Oct VIGIL uull Wilk V1 Up 01 IV IIIy dIjP11l:dl/VII UdlU VI Ilt%At [:I Up dIJV11UdNVl1 UH9111 II III ly UdIC IVF i1Vd11dVIC receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 817.5 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section Il) = 695.6 Ib. PAN PoA (30 Day) 2121!00 Jul 10 03 06:05p MURPHY -BROWN L' x. Crop's remaining PAN balance (line v from section III) = y. overall PAN balance (w - x) 9102933138 817.5 Ib. PAN -122 Ib. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here Including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. In addition to the land application at this site, 2" of water will be transferred to another site. The receiving structure is an adjacent farm C & M I. The current level of this structure Is 30". The land application on this revision reflects use of the land at C & M I to apply the PAN in the 2" to be transfered. actual PAN balance of the C & M field is greater than 20 lbs. PoA (30 Day) 2121!00 P.5 Jul 14 03 06:34p MURPHY -BROWN 9102933130 p.2 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-25 County: Sampson Facility Name: Pork Plus Certified Operator Name: 4orU _ _ Operator Number: 5-55 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top or the dam for lagoons without spillways; and from the current Ilquid level In the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/1D: PP Spillway(Y or N): N Level(inches): 6 2. Check all applicable Items X Liquid level Is within the designed structural freeboard elevations of one or more strictures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges, (Note. This 5 day PoA Is an amendment to a current 30 Day PoA) 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: I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the Information Is accurate and correct. Phone: 373I lFa6ility OwnerlMa ager (print) `7 -Z Date: % O Facility OwnerlManag r (signature) i 6 2003 Jul 14 03 06:34p MURPHY -BROWN 9102933138 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): PP 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d, top of dike surface area according to design (area at below structural freeboard elevation) e. Iine c/12 x Iine d x 7.48 gallons/W 3. Projected volume of waste liquid produced during draw down period 8.0 Inches 14.0 inches 8.0 inches 85308 ft 425393 gallons f. temporary storage period according to structural design 90 days g. volume of waste produced according to structural design 69233 ft3 h. current herd #4200 certified herd # 4200 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 5 dayslline f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 69233 ft3 �ft3 52211 fl? 50467 gallons 475859 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2121100 P.3 Jul 14 03 06:34p MURPHY -BROWN 9102933138 p.4 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: PP line I = 475859 gallons 2. structure ID: line I gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure 1D: line I = gallons n. lines 1 +2+3+4+5+6= o. line n l 27154 = 475859 gallons 17.52 acre -inches ill. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN P£RIOC?" 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, andlor completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t. acres u. remaining IRR -2 PAN balance (lblacre) v. maximum w. maxilmum application rate application (Inlhr) amount (Inches) 2104 3A Blanton Bermuda 3.90 150.15 0.35 1 313 Blanton Bermuda 4.90 139.44 0.35 1 3C Blanton Bermuda 5.60 161.06 0.35 1 3E Blanton Bermuda 4.70 115.47 0.35 1 6H Blanton Bermuda 6.10 117.03 0.35 1 z x. total acres available during 5 day draw down (sure of column t) = 25.40 acres IV_ FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA yy Da 2111D 0° 0 0.69 Inches per acre to be applied within 5 days to y) Jul 14 03 06:34p MURPHY -BROWN 9102933138 p.5 line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hY_d_raulic load based on new information. The volume of water in this summary will be transferred to Faciloity 62-475 Farm 2104. Th ( ) e current level of this structure is 36". The field summary above represents land available at the receiving farm. to 1. Describe moisture conditions of fields? (e.g, Is there water standing in field; does irrigation ui ment mar down in field: "trafticabill " across soils' will soils absorb application without runof=f, etc. 2. Date and amount of last rainfall event? DATE: 0 AMOUNT: Inches 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? 5. irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts it irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to area amounts; PoA (5 Day) 2121100 WN B52LINAW ICS RO May 16, 2002 Mr. Paul Sherman Environmental Engineer Division of Water Quality 225 Green St., Suite 714 Systel Building Fayetteville, NC 28301-5043 Re: Accidental Discharge at Pork Plus Facility # 82-25 Sampson County Dear Mr. Sherman, LMAY0 2�OZ Brown's of Carolina reported a spill to the Division of Water Quality on Monday, May 13, 2002. The complex manager found the incident on his routine inspection of the farm site at approximately 9:30 am. He immediately contacted the farm manager and initiated the Emergency Action Plan. The EAP is a critical component of the Environmental Management System. The root cause of the problem was a clogged discharge line that caused water to back up in the house and exit through the pit exhaust fan. The incident possibly started Sunday, May 12, 2002 at some point in time after the farm employees finished work at 11:00 am. The recycle pump was not run due to the short workday. The 650 pigs in the finishing building were at the 12th week of the finishing cycle, which would have put the water usage at 1.5 gal/pig/day. The window that the incident could have started was 221/2 hours (94% of one day). The spill was approximately 917 gallons (94% X 1.5 gal/head/day) of which approximately 55 gallons was contained on site and 862 gallons reached an unnamed waterway. The water flow in the branch was not discernable from a visual inspection (due impart to the drier than usual conditions). Several intermediate dams were put in the branch with burial containment occurring where the branch crosses Bill Williamson Road. The wastewater and fresh water was thoroughly contained at this point. A pump was set up at the mid -point of the spill and pumped back into the lagoon. The end point on Bill Williamson road was pumped into a tank and hauled back -to the lagoon. Fresh water was used to flush the spill site and the branch to containment points to help ensure a thorough clean up. The amount of fresh water and wastewater pumped into the lagoons was 54,800 gallons (a BROWN'S OF CAROLINA, INC. 785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 - PHONE (919) 296.1800 BROWN'S OF CAROLINA great deal of fresh water was added to aid in a thorough clean up) at a cost of $1055.34. A work order was sent on May 16, 2002 to Murphy -Brown LLC Engineering to design containment structures at this site in order to address a future potential problem. The sequence of events in this instance demonstrated the effectiveness of the Emergency Action Plan a component of the company's Environmental Management System (EMS). Identification of the problem, notification to responsible parties, containment and remediation were in a timely efficient manner. To the best of our knowledge, Brown's of Carolina has complied with all of the provisions of the permit for the Pork Plus Farm. If I can be of any further help, please cap me at 910-296-1800 ext, 238. Sincerely, David Nordin Director of Land & Nutrient Management Brown's of Carolina Itmc BROWN'S OF CAROLINA, INC. 785 HWY 24 EAST • P.O. BOX 487 • WARSAW, N.C. 28398 • PHONE {910} 296-1800 Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number $2 25 Dale of Visit: 5-13-2002 Time- FO time- 14:00 O Not Operational O Below Threshold (� Permitted ® Certified 13 Conditionally Certified © Registered Date Last Operated or Above Threshold : ............. Farm Name: P.Rik P1uS .............................. County: 5KftjpS.QJh-------------------------------- FRO ......... Owner Name:.-------------------____-- hsisQp Ittutttnts�L,L C -____-- Phone No: (41A1 �9.2=41_4.t------------------------.--- Mailing Address: RQ.Box.856................................... . W..Arse}w..NC...................... a 19.8....... Facility Contact: DAYx Nordla......................................'Title:............................................... Phone No: ...................................... Onsite Representative: [?pYp.�Y4Cdi0.--------- ---_. .-. ._._._.-._.-------• Integrator: �$rrQA'�E4ot�lut---•-----------------.. Certified Operator: �pp� .. �]{�....................... MAUXP................................................ Operator Certification Number: 2.65!jS ............................ Location of Farm: Dn the soutwest side of SR 1928 approx..4 miles south of its intersection with SR 1911 + W ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F 34 • 57 ' 38 « Longitude 78 a l0C F 38 ', DCSIgn Current V - beslgny Current ` y Designs r „Garrent x Ca aci .r'E'o" "uiEaflon ", ':Poultry;; ,.Capacity . Population'. Gaftle Capaclty.Popufation r' ❑ Wean to Feeder ® Feeder to Finish 4200 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars {Number of 1 agoons ti. 1 f ; ,h ; Subsurface Drains Present lagoon Area Spray Field Area r ^`- -F t ine;PoFin ds 1, S6I1d Traps ?. �� n No Lluuid Waste Mana2cment Svstem DischaEges & Stream Impacts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made:' ❑ Yes ® No b. If discharge is observed, did it reach Water of the State'? (if yes, notify DWQ) ® Yes ❑ No c, If discharge is observed, what is the estimated flow in gal/min`? NIA d. Dries discharge bypass a lagoon system? (if yes, notify DWQ) ® Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ........................... .......................... ................................................................................ ........................... Freeboard (inches): .............. 05/03/0 1 Continued Facility Number: 82-25 Date of Inspection 1 5-13-2002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8, Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Pen -nit readily available? 18. Does the facility fail,to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No [3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. __...'cq°z_-err.r''�,�._f,+.�'-*r,:'4Gr.._..�%xa^_si-'—'gt4:_.._,wln...�4___�......._.w.._..i.4_:r.l'.'.v '�r:_.`.W1. r•-. ".3iY. _. . a��,. 4't�11.'2k.r,F!„_�\�:+aYY.':.'i�.-J.,^n:°'?a«.._^�iiyF:tA, f: he':.¢rs.;g.!.-k/-.._-, ❑ Field Copy ❑ Final Notes mergency notification of discharge on farm site by Dave Nordin. Waste exited house #5 (?) through the pit fan and entered the storm 'ater diversion ditch and associated pipes. Waste flow continued overland to the head waters of an unnamed tributary of Bakers Branch. emporary dams were constucted and waste flow was contained with -in the property boundary. Due to the recent low rainfall conditions sere was little to no flow in the UT. Downstream conditions were examined by FRO-DWQ staff to confirm that no waste flowed off of the farm property. Wastewater and freshwater mixture was recovered and returned to the lagoon. Additional freshwater was used to flush the ponded wastewater from the storm diversion ditch and stream bed. (continued next t)aae) 1_�;l Reviewer/Inspector NameHtisty ,r .'_., :.' �,: 4' V..`t;1 �.�". ��.4,3� ris Reviewer/Inspector Signature: Date: U5/U3/Ul Continued Facility Number: 82-25 Date of Inspection 5-13-2002 Odor issues Cause of the discharge was identified by farm representives as a clogged discharge pipe in the house. The flush tanks had not been 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or 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) 29. 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 pennanent/temporary cover? ❑ Yes ❑ No Addldonfl° Omment3 aCl OI' raW 11{4 r3'yi F'i .L�fi a i, r . R ?vRlJ3 r a "N,','s s „F +�; Cause of the discharge was identified by farm representives as a clogged discharge pipe in the house. The flush tanks had not been activated due to the Mother's Day holiday on Sunday. Discharge flow was attributed to accumulation of excreted waste and excess fresh water in the house in the past 24 hours. Maximun discharge amount was estimated at less than 1000 gallons. T November 27, 2001 3 NOV 2 8 2001 Mr. Paul pawls Water Quality Regional Supervisor 225 Green Street Suite 714/Systel Fayetteville, NC 28301-5043 Dear Mr. Rawls: Please find attached the Monthly Product totals of hogs slaughtered at Smithfield Packing Company - Tar Heel Division -for November, 2001. If you need additional information, please contact me at (910) 862-7675 ext. 261. Sincerely, Smithfield Packing Company, Inc. Tar Heel Divisiolu­- LAJ/bic Attachment(s) Plant Manager c: Bill Gill - Smithfield Packing Company, Inc. - Virginia Barry White - Smithfield Packing Company, Inc. - Tar Heel Division Ralph Wofford - Smithfield Foods, Inc. - Virginia Charles Fiero - Smithfield Packing Company, Inc. - Tar Heel Division The Smithfield Packing Company, Inc. P.O. Box 99 Tar Heel, NC 28392 Tar Heel Division Phone (910) 862-7675 Fax (910) 862-5249 SMITHFIELD PACKING COMPANY NOVEMBER 2001 KILL REPORT 6m►iIZk i'�V:I =1:/ win tolf--1I 149.899 320 150.219 NOVEMBER 05 - NOVEMBER 11 .` �PMc`w€i lililw�y .Fi1i4�' MONDAY OCTOBER 29 - NOVEMBER 04 30,019 TUESDAY MONDAY 30,006 30,006 TUESDAY 29,952 29,952 WEDNESDAY 29,9939=9 FRIDAY THURSDAY 29,7651------3201 SATURDAY FRIDAY 30,1831 !10 SATURDAY 0 6m►iIZk i'�V:I =1:/ win tolf--1I 149.899 320 150.219 NOVEMBER 05 - NOVEMBER 11 MONDAY MONDAY 30,019 30,019 TUESDAY 30 099 30,099 WEDNESDAY 291977: 29 977 THURSDAY 29 764 320 30,084 FRIDAY 29,8177 29,817 SATURDAY 15,908 15 908 * NET WEEKLY TOTAL 165.584 320 165.9 nA NOVEMBER 12 - NOVEMBER 18 MONDAY MONDAY 29,990 29,990 TUESDAY 30,032 30,032 WEDNESDAY 29,672 29,672 THURSDAY 30 128 30,128 FRIDAY 29,972 29,972 SATURDAY 16,1541 1 16,154 * NET WEEKLY TOTAL 165.948 0 165.948 NOVEMBER 19 - NOVEMBER 25 MONDAY MONDAY 15,924 15,924 TUESDAY 30.915 30,915 WEDNESDAY 31,259 31,259 THURSDAY HOLIDAY HOLIDAY FRIDAY 31,1351 lool 31,235 SATURDAY 31,3711 31,3711 * NET WEEKLY TOTAL 1 d0.604 i o n 1 An 7A4 0 0 0 • NET MONTH TO DATE TOTAL 622,035 740 622,775 • NET YEAR TO DATE TOTAL 6,711,481 10,590 6,722,071 MONDAY 0 TUESDAY 0 WEDNESDAY 0 THURSDAY 0 FRIDAY 0 SATURDAY 0 0 0 0 • NET MONTH TO DATE TOTAL 622,035 740 622,775 • NET YEAR TO DATE TOTAL 6,711,481 10,590 6,722,071 1 Smithfield Packing Company Tar Heel Division Monthly Certification Noncompliant Swine Farm Operation Restriction Pursuant to NPDES Permit NCO078344 Special Condition A.(5)., no swine from the following farms have been slaughtered at this facility since the date of notification listed below. This prohibition shall last for 12 months from the month of notification. Date: 11-26-01 Signed: RALPH WOFFORD Swine Farm Facility Number Notification Date Warren Swine Farm 82-13 10-2-00 Rose Swine Farm 82-101 10-2-00 Elden Hester 9-45 10-2-00 Carrolls #2537 & 2538 82-464 12-14-00 Carrolls #2546 82-464 12-14-00 Pork Plus 82=25 12-14-00 Errol Quinn Farm 31-101 1-16-01 Langley/Clover M 33-24 2-23-01 ' AJ Huffman 67-38 2-23-01. Pork Chop #1 31-425 2-23-01 ,'i�� �,�fivisl ��Water Qttalit•Y � ., r [� �,�- }N. 3�'�a➢aa� da �,-���� mit �tt4'�,�k.F......?14�h,m i� n � 7_Ea.n�,�t�,� Type of Visit Compliance Inspection O Operation Review O Lagoon Evaluation I fieason for Visit of Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Date of Visit: �`! a! Time: - ; E Facility Number - Q Not O erational 0 Below Threshold Permitted M Certified 13 Conditionally Certified [3 Registered Date Last Operateed_or Above Threshold : ............tW............. FarmName: ....�bf k....PI�I....................................................................................... County:.....,rrP,Sof)....„.................................. OwnerName:.....r!.Sz.Q 0.... ��►�� Srhd,.......LCr.................................... Phone No:....................................................................................... FacilityContact: ........+;.l..g.Y..t a-)o!'.:'.1.............................Title:................................................................ Phone No:................................................... MailingAddress:........ . .... .��'....i(...... 3s`,?(0................................................................... ........................................... ...C2.9-3 R OnsiteRepresentative: ...........Ctn........... Af.......................................................... Integrator:...................................................................................... Certified Operator: ................. EJA ... . ............. ...... ............. Operator Certification Number: ...... Q?„5 Q?_55�ZIQ ............. Location of Farm: MSwine ❑ Poultry ❑ Cattle ❑ Horse Latitude • d &t Longitude • 4 44 j 1D�sign i. Current ` �eSig11, Current, f 1 r ine.. s_.,...Ca aci ;::Po ulation. Poflltry :Ca act .:.Po' ulation . ',Cattle Wean to Feeder ❑Layer ❑Dairy Feeder to Finish op ❑ Non -Layer ❑ Non - Feeder Farrow to Wean r-, t Farrow to Feeder ❑ Other o- • Farrow to Finish Total Desi Ca aCi Gilts $� P Boars E Tgtal';SSi Subsurface Drains Present No Liouid Waste Discharees & Stream Imnacks 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? Area 10 Spray Field Ares =' .. E.. i.3'y E3 i3- b. If discharge is observed, did it reach Water of the State'? (if yes, notify DWQ) c. It' 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): 112 5100 ❑ Yes [ No ❑ Yes No ❑ Yes ( No ❑ Yes Eallo ❑ Yes [0 No ❑ Yes q3} No ❑ Yes IgNo Structure 6 Continued on back Facility Number: & — a 6 Date of Inspection EiziM S. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ONo seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑Yes [�'No (Ii 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 maintenancelimprovement? ❑ 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 maintenance/improvement? ❑ Yes allo 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes (�YNo 12. Crop type Krm'J', 6r1ft7 . A: 11�t S-nall A/m n ( 5 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 qNo 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? M6 (E� (BNo 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.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes P No ❑ Yes &f tNo ❑ Yes J�['No [:]Yes M No ❑ Yes [� No ❑ Yes &No ❑ Yes ja No ❑ Yes 6 No 1'��1AL i :alp dl ecFe��i OCe 00fe(I O(W g tMs'vjs1t; Y00:W7111Xoo,*Ye 00 fottw . . Tories' oiidenci al)6t i this visit: ! r� ! ! • � rl r r ,! n. , r!,, r,r r! r , r ...,E � �>+ r •,ar„....... ' :r,,:•a!'tir!:ntuo:n�. r•�!raraurtrp:urav vur !ur•�ro sr. nAr:r.•.fw�w!nrn.. : r., 7 ! i'{ n � � � �! � • Commenfs"(reterito questiop #) Explain'enyFYES answers and/or, any recommendations or eiiy, other 6i ente.s!!''€€= .. 'I!'':1 i- ••",pl!r!l,11'"11��!!N111.1 „ '. :f,a' !.!1 ti'ni "-'�Eltl edl?� iirl!71, ?., rE'!..P'z .=jil•'- 6.: di� i i :dlr.li 11.. '. . •U!�'.0 .P!!!-..,:;zi ' ..!f . ._Ys'1.rtl'rlir R,:h':!".I tnri; ml9 +.!t �' I' i-4'.! �;� ?!'a •. � 1- e '" cii.:':r � a �ot facili �tol better ex laln situations l use.additional,pages°as'necessary) E ,� `",� , ;"jl;'�i Cv�-�'nat '%d worko^ W¢o� Congol �„ spray Ca..7t�n>a� "� War% t3r� b� slou•Lts U� lt�a�+n d� fie. . ' av d I' • N , .-{- rl 'r $ H i q{ t kh i! � i I 1 N ��� �i, l ! i0 V' I'll: 7 r�' . � J ! !.1✓. r �n w� +l- � Reviewer/Inspector Name h A u �s �' 2T n�,% _'i:' :.. ! i_?� < �,��. .. it . •ar ..I�.!!i s if.-'.,,.` !:.'.l", l 1,x',.'i��ir !Jtt r.41r4 Reviewer/Inspector Signature: Date: q o [ 5/00 Facility Number: a — as Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or 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 VNo 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) 29. 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 bells, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes MNo 31. Do the animals feed storage bins fail to have appropriate cover? Cl Yes [�rNo 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Yes ❑ No on..a 3 ommen 'an or{ ra ��'r n SII >. ..-•-<..•. ,. .. - �.i ! i i•. �. S.3 -.3 i.'3..'., �• :�, I s� ;I�..��"fl �I ��.i, ,i. 1 �'' f „i LL .! d s�A"'i'f€ 7 5/00 SC� —61 S 10 Routine 0 Complaint ® Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Facility Number Date of Inspection V Time of Inspection _ v� 24 hr. (hh:mm) ® Permitted ® Certified 13 Conditionally Certified 0 Registered 10 Not O erational Date Last Operated: .......................... Farm Name: { ............................. ,l'<4......... Count i,�� a ......... y:..........11 11 Owner Nume:...........-0... ....... ..�.r�.l.%ctrl '...................................................... Phone No:............... Facility Contact: ......... ............Title: ..... Phone No: ................................................... Mailing Address:....................................................... .................................................................................................................................................... .......................... Onsite Representative: ...................1!v lel.................... Integrator: .......L .4lLta�.r .w-r,G........... .... Certified Operator:..... .... ............. .............. * ....... ........ 1-1-1111 ...... Operator Certification Number:.......................................... Location of Farm: r..........................................................................................................................................................................................................................................................................1 - � Latitude • ` " Longitude 4,..,.-...ALJ••I 0 4 GC�..�������.� �.�--•--- Discharges & Stream Impacts I, Is any discharge observed from any part of the operation? ❑ Yes eu No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes 12 -No b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) ❑Yes gj No c. if discharge is observed, what is the estimated flow in gal/min? d. Daws discharge bypass a lagoon system? (Il' yes, notify DWQ) ❑ Yes �j No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ;@ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes PI No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes �E] No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: /IF Freeboard(inches): ............:.................................................................................................................................................................................................. 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes W No seepage, etc.) 3/23/99 Continued on back Facility Number: RZ — 1r Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 12. Crop type �./a.✓. ❑ Yes Q No ❑ Yes No ❑ Yes No ❑ Yes ® No ❑ Yes 0 No ❑ Yes H No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes Q No 14. a) Does the facility lack adequate acreage for land application? XYes ❑ No b) Does the facility need a wettable acre determination? XYes t�No c) This facility is pended for a wettable acre determination? ❑ Yes XNo 15. Does the receiving crop need improvement? Tgj Yes ❑ No 16. Is there -a lack of adequate waste application equipment? ❑ Yes RNo Reauired 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? se'drawifiepy ofifacul ptolbetter,ex larn�situations. i&,hddiuonal pa esus}{necessay (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (iel 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 ❑ No 24. Does facility require a follow-up visit by same agency? Ayes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes EQ No • �Q•Y���i��1s;o� d�fc�ertcies •wire hied• it�i�g t�is:v�5�t�• :Y:o� wi�i•t�ee�i j+e �Q: fN!'th�� • . . rtiries' rideiT& 8h6U' f this :visit: ('t5+ S H d 3i 11! 1 ai 11 -i.. 3'.!3-1 iy Comments'(refer# to question #)„ !)Explain�any YES answerslnndlor any recommendations ot•any�otber,comments: U7 Ali:..! ,.fr,?i" Si:�11d,!,r,...�iLa.!:h 1 .rc� i.�.:� Imilfrt . . se'drawifiepy ofifacul ptolbetter,ex larn�situations. i&,hddiuonal pa esus}{necessay tl 1§'.{iYi1 *s a"'11t4Pi; ,,,ii1U1 lii!11aNill7`?I?Itofi-1il'IillullOtpgihili#Iliidali7dlK44ii,lil:liliF:Fii};µell!''�d9�:3it`P}!ifii?li4tR'14f1N+.HrHh.„davd•t ll:%l1 rNVh,N4lIT�T�9:r�ii� iii,iPR+tr�2,.G3kllJ�1`n43E.�.'.� l k /,c.•.s /•J�r•�Cl/B"1 �//.G'.l� G��4LiG/f�o' w,T �fr �.��i�� dd ��/�j`_fSilviC�j�j��,l�.Cq T �i.•-s�//Y5�'e'�f+�-�,��,E.v ,.�.£�G•c,E�✓ i9�.✓��l�x �N �E•G'��!✓.4.//�” /9 j ! ! 3 }1Y� MN ANI ! r J Reviewer/Inspector Name'' 4 lih 'f I ,�`!',� tt{ji fl �'`i!���Ilai�`r4i�aik�II F�t�i . WS!! f - !.- Il�J !,E i..1�! �`: �•, Reviewer/Inspector Signature:�- Date: _T zDdD '.:d: Rett --ed mail: User unknown] Diagnostic -Code: SMTP; 250 OK Last -Attempt -Bate: Fri, 28 Jan 2000 18:10:59 -0500 (EST) Subject: [Fwd: AFO Lagoons With High Freeboards] Date: Fri, 28 Jan 2000 18:10:10 -0500 From: Dennis Ramsey <dennis.ramsey@ncmail.net> To: h2ol23@aol.com Paul How does this look. Thanks Dennis Subject: AFO Lagoons With High Freeboards Date: Fri, 28 Jan 2000 18:05:15 -0500 From: Dennis Ramsey <dennis.ramsey@ncmail.net> To: Jeffery brown <Jeffery_Brown@fro.enr. state. ne. us>, Brian Wrenn <brian wrenn@wiro.enr.state.nc.us>, John Hasty <John Hasty@fro.enr.state.nc.us>, Grady_Dobson <Grady_Dobson@fro.enr.state.nc.us>, calvarez <calvarez@rro.enr.state.nc.us>, Nowell <btowell@rro.enr.state. nc.us>, jhunt <jhunt@rro.enr.state. ne.us>, alan_johnson<alanjohnson@,rm. enr. state. nc. us>, ron_linville <ron Linville@wsro.enr.state.nc.us>, wanda_frazier <wanda,frazier@ncmail.net>, Water Quality Regional Supervisors <wq_regional_superviso rs@h2o.enr. state. nc. us>, Jeff Poupart <Jeff.Poupart@►cmail.net>, Sonya Avant <Sonya.Avant@ncmail.net>, Coleen Sullins <Coleen.Sullins@ncmail.net>, Tommy Stevens <Tommy.Stevens@ncmail.net>, Carl Dunn <Carl.Dunn@ncmail.net>, Daphne Cullom <Daphne.Cullom@ncmaa.net>, Lyn Hardison <Lyn.Hardison&cmail.net>, Dean Hunkele <Dean.Hunkele@ncmail.net>, Stonewall Mathis <Stonewall.Mathis@ncmail.net> DWQ has always attempted to work with all parties in an effort to provide assistance and guidance for the management of waste at animal facilities. Unfortunately, with the recent winter storms and frozen application sites, several facilities have been identified with lagoon waste levels higher than that required to be maintained for structural stability. Tommy, Coleen and i have had conversations with several of you over the past few days regarding these problems and as per your request the following guidance has been developed. Until further notice, the following procedures are to be followed when you become aware of problems with high lagoon levels. A. When facilities are identified with waste in their lagoon(s) above the level required to be maintained for structural stability. 1. The producer will be required to submit a plan of action within 24 hours to lower and maintain the lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour rainfall event. 2. DWQ can not and will not condone any discharge of waste from the 2 of3 01/29/2000 10:50 AIM facility to the surface waters as part of the management plan. 3. DWQ can not and will not condone the land application of waste at levels above that specified by the facility's CAWMP or in violation of any other part of the CAWMP. 4. The producer should consider pump and haul to another facility, that can adequately manage the waste in accordance with its CAWMP, as part -of their plan. 5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below that required for structural stability within 5 calendar days without the removal of animal from the facilities, then immediate removal of animals must be a component of this plan. The number of animal removed must be to a level at which the producer can adequately demonstrate the ability to manage the lagoon level below the level needed for both structural stability and the 25 year, 24 hour -storm event. S. When facilities are identified with waste in their lagoon(s) below the level required to be maintained for structural stability but not adequate to also retain the 25 year, 24 hour rainfall event. 1. The producer will be required to submit a plan of action within 48 hours to lower and maintain the lagoon level to a point below that needed for both structural stability and the 25 year, 24 hour rainfall event. 2. DWQ can not and will not condone any discharge of waste from the facility to the surface waters.as part of the management plan. 3. DWQ'can not and will not condone the land application of waste at levels.above that specified by the facility's CAWMP or in violation of any other part of the CAWMP. . 4. The producer should consider pump and haul to another facility, that can adequately manage the waste in accordance with its CAWMP, as part of this plan. 5. If the producer's plan can not adequately demonstrate the ability to reduce the lagoon level below that required for both structural stability and the 25 year, 24 hour rainfall event within 30 days (or before the lagoon'level is projected to rise to a level above that required for structural stability if less than 30 days) without the removal of animal from the facilities, then removal of animals most be a component of this plan. The number of animal removed must be to a level at which the producer can adequately demonstrate the ability to manage the lagoon level below the level needed for both structural stability and the 25 year, 24 hour storm event. C. If a producer does not provide DWQ with a plan that demonstrates the ability to manage their waste in the time lines listed in A. and B. above, DWQ will proceed to court to ask the court to mandate that the appropriate actions be taken. If you have any questions, please do not hesitate to contact Tommy, Coleen or me. Thanks Dennis 3 of 3 01/2912000 10:50 AM THFIELD J.- ' 11 August 2, 2001 Mr. Paul Rawls Water Quality Regional Supervisor 225 Green Street Suite 7141Systel Fayetteville, NC 28301-5043 Dear Mr. Rawls: Re: January 10, 2001 - slaughter correction During a recent audit by Smithfield Packing's Accounting Department - Tar Heel facility, a discrepancy was found for the month of January. On Wednesday, January 10, 2001 the kill for that day was not recorded - 28,007, which increased the total to 544,018 for the month. All months have been changed to reflect this error. I apologize for any inconvenience this may have caused. Sincerely, Smithfield Packing Company, Inc. T r Heel DIVI 1I n'1 Lar 7.Johnson AJlbic C: Bill Gill Barry White Gene Stallings Charles Fiera The Smithfield Packing Company, Inc. P.O. Box 99 Tar Heel, NC 28392 Tar Heel Division Phone (910) 862-7675 Fax (910) 862-5249 August 1, 2001 Mr. Paul Rawls Water Quality Regional Supervisor 225 Green Street Suite 714/Systel Fayetteville, NC 28301-5043 Dear Mr. Rawls: Please find attached the Monthly Product totals of hogs slaughtered at Smithfield Packing; Company - Tar Heel Division - for July, 2001. If you need additional information, please contact me at (910) 862-7675 ext. 261. Sincerely, Smithfield Packing Company, Inc. Tar Heel Division L A. John on Vice Pre ' ent, Plant Manager LAJ/bic Attachment(s) c: Bill Gill - Smithfield Packing Company, Inc. - Virginia Barry White - Smithfield Packing Company, Inc. - Tar Heel Division Gene Stallings - Smithfield Foods, Inc. - Virginia Charles Fiero - Smithfield Packing Company, Inc. - Tar Heel Division The Smithfield Packing Company, Inc. P.O. Box 99 Tar Heel, NC 28392 Tar Heel Division Phone (910) 862-7675 Fax (910) 862-5249 Smithfield Packing Company AUG 6 210 DVJQf Tar flee! Division Monthly Certification Noncompliant Swine Farm Operation Restriction Pursuant to NPOES Permit NCO078344 Special Condition A. (5)., no swine from the following farms have been slaughtered at this facility since the date of notification listed below. This prohibition shall last for 12 months from the month of notification. Cate: 811101 Signed: Gene Stallings Swine Farm Facility Number Notification Date Browns 7A 8 52-42 8/17/00 Smith Alderman 31-6 8117/00 William James 31-36 8117100 Warren Swine Farm 82-13 10!2100 Rose Swine Farm 82-101 1012100 Elden Hester 9-45, 1012100 Carrells #2537 & 2538 82-464 12/14100 Carrolls #2546 82-464 12/14/00 — Pork Plus 82-25 12/14/00 Errol Quinn Farm 31-101 1116101 Langley/Clover M 33-24 2123101 AJ Huffman 67-38 2123101 Pork Chop #1 31-425 2/23/01 Hayes Farm TDM #9 51-34 6/5/01 Blue Houses 31-357 6/5101 Facility Number Date of Visit: Z �TimL_l._l..l� e: Printed on: 10/26/2000 =Not erational O Below Threshold Permitted 0 Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ............. {...Farm Name: ....... &ck.......l .�.s................................................................................... County:....... .... 7^r....................................... C+ It S J f Owner Name: C r4. `.!..... ..... Phone No:.............G. .. ......... Facility Contact: ..... .i.1Jbr.—d..l..t. e . ................ Title: ... f.:^.%t i/a.....1 C1.0........................ Phone No:...........,....................................... Mailing Address:........!............... ......... .................. frL�.Q.rS..�h.!...;........G ................... Z�d... .1..... Onsite Representative:DIntegrator: rar r,4„ / 'S Certified Operator:..... i J.G .1/1.. ....... ..a..............J... 4sk..X4r................... ...... Operator Certiticatirtn Number:.......................................... Location of Farm: ., ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 9 4 14 Longitude • C�` 4= Swine Design Current Design Current Capacity Population Poultry Capacity Population ❑ Wean to Feeder Layer Feeder to Finish Zd77 Non -Lay E] Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts El Boars ❑ ❑ er ❑ Other Design Current Cattle Capacity Population ❑ Dairy ❑ Non -Dairy Total Design Capacity 32 ,,�T Total SSLW Number of Lagoons ❑ Subsurface Drains Present IF0 Lagoon Area I0 Spray Field Area Holdin Ponds/ Solid Traps f g p ❑ 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? K If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. II'discharge is observed, what is the estimated now in galhnin'? 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 Identifier: Freeboard (inches): 5100 Structure I Structure 2 Structure 3 Structure 4 Structure 5 ❑ Yes XNo ❑ Yes �No ❑ Yes ,-No ❑ Yes No ❑ Yes o ❑ Yes o ❑ Yes �fNo Structure 6 Continued on back V. Facility Number: $j1 25-1 Date of .Inspection Printed on: 10/26/2000 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No seepage, etc.) 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 [�o 8. Does any part of the waste management system other than waste structures require maintenance/improvement? El Yes '11,10 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level �\ elevation markings? ❑ Yes 1`itlo Waste Application `` 10. Are there any buffers that need maintenance/improvement? ❑ Yes No 11. Is there evidence 4 over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Over)bad � ❑ Yes 12. Crop type_ r- /tit, 2 Doi, Q5 d 13. Do the receiving crops differ with those designat in the Certified Animal Waste M 14. a) Does the facility lack adequate acreage for land application'? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? Plan (CAWMP)? ❑ YesNo E] Yes No ❑ Yes No ❑Yes 1 15. Does the receiving crop need improvement? ❑ Yes No 16. Is there a lack of adequate waste application equipment? ❑ Yes No Required Records & Documents pt J 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes M No ' 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? /d/_ 62,rol f�,�Cs �� Q�✓ell/. 1 (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 Reviewerl]nspector fail to discuss review/inspection with on-site representative? ❑ Yes qNo 24. Does facility require a follow-up visit by same agency? ❑ Yes 0 N 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes Oq ,j yiplatigls;o drrfeie.nc{es wire pat;e�l dt�tring �hjs:visit; Yo>j>F wi�i r�eet'iye t}o: �'urthr:. cor'res oric#eitce: taut this 'visit: A E � - ,. •.11 Ii 1't ... I, I . .. :i f - t II `-li 3 E , Comments {refer ta',questton #) ' Explain lanyYYES answers and/or any recommendaEions otr spy other comments Used rawtngs-of,focilit to _better explain situations; {use additional 'pages as necessa ') A '�"' E y; p ry E pt J ! crw, QirD"& ►a7,- ittis �veeK. rc 3� � /f J ,IJ! ! l � J,•11e I Ica /a/ fQU/�S' �j a'D /d/_ 62,rol f�,�Cs �� Q�✓ell/. Reviewerlinspector Name a w Reviewer/Inspector Signature: Date:5/pp r Facility Number: — Date of inspection Z / Printed on: 10/26/2000 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below kes ❑ 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 9NO 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) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ONO 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 XNo 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? P(Yes ❑ No tional Comments:andforU rawings, - z ,: K o < J 5100 vva. v" LVV1 JivIl iV-l_u 1114 6J111111111,.LUANV LIVLL)IUU1 rnn nu, oiuooLoCoU, r. u Smithfield Packing Company Tar Heel Division /Monthly Certification Noncompliant Swine Farm Operation Restriction Pursuant to NPDES Permit NC0078344 Special Condition A, (5)„ no swine from the following farms have been slaughtered at this facility since the date of notification listed below. This prohibition shall last:for 12 rnonths from the month of notification. Date. 07/02/2001 Signed: Gene ftifings Swine Farm Facility Number Notification Date Browns 7 9 8 08117/2000 Smith Alderman-� _52-42 31-6 08/1712000 Williarn James - _ 31-36 08/17/2000 Warren Swine Farm 82-13 10102/2000 Rose- Swine Farm 82-101 10/02/2000 Elden Hester ' 9-45 10/02/2000 Carrolls #2537 & 2538 82-464 1211412000 Carrolls #254682-464 12/14/2000 Plus .82-25 12/14/2000 _Pork Errol Quina Farm 31-101 01/1612001 Langley/Clover M 33-24 02/23/2001 AJ Huffman 6738 02/2312001 Pork Chop #1 _M~ 31-425 02/23/2001 Hayes Farm TDM #9 _ ^� 51-34 �31-357 06/05/2001 Blue Houses 06/05/2001 0 Livestock Department . I „ ,�'.• ... - � Irl ••�a�a:�r Smithfield Packing Co. Inc. Tar Heel Division Route 1, Box 189 Tar Heel, North Carolina 28392 Fax (910) 882-5260 Date; -7 To:�p uI, Rnw\ From: Reference: 6 \j Number of pages (including cover page) If you did not receive all the pages please call at (914)862-5274 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director June 4, 2001 Faison Investments,'L.L.C. Pork Plus PO Box 856 Warsaw NC 28398 Attn: Howard Hobson NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES �+' VCIVln�ririV JUN 8 D Vi Subject: Certificate of CoveraQeVo: AWS820025 Pork Plus Swine Waste Collection, Treatment, Storage and Application System Sampson County Dear Howard Hobson: In accordance with your request received on April 26, 2001, we are forwarding this Certificate of Coverage (COC) issued to Faison Investments, L.L.C., authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Pork Plus, located in Sampson County, with an animal capacity of no greater than 4200 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). This COC increases the capacity of this animal waste management system to within the original design capacity. The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC AWS820025 dated May 19, 2000. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. PIease be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer. paper Certificate of Coverage AWS820025 Pork Plus Page 2 This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this proc ss:—Y�niess-=h , ade within 30 days, this COC shall be final and binding. The subject farm is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. Jf you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sinc re y, L/- Kerr T. Stevens cc: (Certificate of Coverage only for all cc's) Sampson County Health Department Fayetteville Regional Office, Water Quality Section Sampson County Soil and Water Conservation District Permit File NDPU Files rlAY ?y_?UU 1 'I'UE U1 :33 FM SMITHFIELD PKG LIVESTOCK FAX NO, 9108625260 P. 02 Smithfield Packing Company Tar Heel Division Monthly Certification Noncompliant Swine Farin-Operation Restriction Ptirstiant to MMES Permit NCO078344 ,Special Condition A.(5)., no swine from the following farms have been slaughtcred at this fae ity since the date of notification listed below. This prohibition shall last for 12 months from the month of notification. Date: 5_29-01. Sipe& Gene StalIin�s - -Swine Farm� Jenkins Farm 13rawns 7 &_ $ i�aciiity Number- Notification hate 5-9-00 8-17-00 6G-49 52-4:? y -~ Stnitli Aldermanr _ liam James _ reri Swine Fann Rose Swine 1,arm ..-�_ ...1'?lden Hester Cw-rolls H-2_537 & 2538 T C.'aR'olls ��2546 ---~ 1_ Pork Pius_ - - Errol Quinn Farm Lai.%!/Clover M -W 31-6 � 8-17-00 3.1-3C 8-17-00 - - 82-13 �^ 10-2-00 �92-101 10-2-00 10-2-00 _-45 82-4.64 _ - 82-464 12-14-00 12-14-00 - -12-14-00 82-25 ' 31-101 1-16-01 - 2-23-01 _R 33-24 Al Huffinan ___ :_fork ChoL 1 67-38 __31-425_-_ 2-23-01 2-23-01 �� r SMITHFIELD PKG LIVESTOCK FAX NO. 9108625260 Livestock Department P. 01 �-k Smithfield Packing Co. Inc. Tar Heel Division Route 1, Box 189 Tar Heel, North Carolina 28392 Fax (910) 862-5260 Date: From:—Lut,A Reference:-- P`Ced'J1`s Number of Pages (including cover page) If you did not receive all the pages please call at (910)862-5274 COPY Apri 124, 2001 Sue Homewood NCDENR-DW Q Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Certification of Coverage No. AWS820025, Pork Plus, Sampson County Dear Ms. Homewood: T am requesting that a new Certificate of Coverage be issued for the above faun for 4200 Feeder to Finish swine. The farm is registered for 6000 head. I have recently completed removing the sludge from the lagoon. Based upon a topographical survey and an engineering check of the existing "as built" volume of the lagoon, the population can be increased to 4200 head. This is based upon the total volume of 756494 cubic feet, 110 day temporary storage and a WUP with more than required available land. My future plans are to retro -fit the existing waste management system in order to return to the registered amount of 6000 head. 1f additional data is needed, please call me or Howard Hobson, Technical Specialist at 910 293-3434. Sincerelv_ Y Page 1 WASTE UTILIZATION PLAN ------------------------ Producer-----:FAISON INVESTMENTS, LLC County: SAMPSON Name of Farm -:PORK PLUS Location -----:PO BOX 856 WARSAW, NC 28398 Phone --------:910 293-3434 Type Operation-------------: FEED -FIN Number of Animal-----------: 4200 Storage Structure----------: Anaerobic Lagoon Method of application------: Irrigation Amount of waste produced per year---------------: 7980 tons/year Amount of plant available N (PAN) produced/year-: 9660 lbs./year The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall not be applied to land eroding at more than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may in runoff to the surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoild drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. ?age 2 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and the crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. Page 3 YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: Tract Field Soil Crop Yield Lbs. N Lbs. N Month to No. No. Type Code /Acre Unit Acres Used Apply 3410 2 E NORFOLK K N/A 50.00 205 S -APRIL 3410 2 E NORFOLK B 5.2 50.00 4.1 1066 MAR -OCT 3410 2 F NORFOLK K N/A 50.00 355 S -APRIL 3410 2 F NORFOLK B 5.2 50.00 7.1 1846 MAR -OCT 3410 6 A GOLDSBORO K N/A 50.00 120 S -APRIL 3410 6 A GOLDSBORO U 3.4 50.00 2.4 408 F --JUN, S --N 3410 6 B GOLDSBORO K N/A 50.00 1.10 S -APRIL 3410 6 B GOLDSBORO U 3.4 50.00 2.2 374 F-JUN,S-N 3410 6 C GOLDSBORO K N/A 50.00 225 S -APRIL 3410 6 C GOLDSBORO U 3.4 50.00 4.5 765 F-JUN,S-N 3410 6 D GOLDSBORO K N/A 50.00 245 S -APRIL 3410 6 D GOLDSBORO U 3.4 50.00 4.9 833 F-JUN,S-N 3410 6 E RAINS/LYNC K N/A 50.00 355 S -APRIL 3410 6 E RAINS/LYNC U 3.4 50.00 7.1 1207 F-JUN,S-N 3410 6 F WOODINGTON K N/A 50.00 70 S -APRIL 3410 6 F WOODINGTON U 3.4 50.00 1.4 238 F-JUN,S-N 3410 6 G WOODINGTON K N/A 50.00 360 S -APRIL 3410 6 G WOODINGTON U 3.4 50.00 7.2 1224 F-JUN,S-N 3410 6 H WOODINGTON K N/A 50.00 255 S -APRIL 3410 6 H WOODINGTON U 3.4 50.00 5.1 867 F-JUN,S-N MAR -OCT ----- ---------- --------- ------ ----- ----- Total ----- 46.0 ------ 11128 ------- Available Nitrogen (includes commercial) 9660 Surplus Or Deficit -1468 Crop codes: Crop -unit A=Barley-bu. B=Bermudagrass(graze)-tons C=Bermudagrass(hay)-tons D=Corn(grain)-bu. E=Corn(silage)-tons F=Cotton-lbs. lint G=Fescue(graze)-tons H=Fescue(hay)-tons I=Oats--bu . K=Small grain(graze)-acre L=Small grain(hay)-acre M=Sorghum(grain)-cwt. W=wheat-bu. Y=Fescue(pasture)-tans Z=Bermudagrass(pasture)-tons O=Soybeans-bu. R=Matua(graze)-tons U=Millet(graze)-tons Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants Page 4 are grazed to a height of four inches. In fields where small grain etc, is to be removed for hay or silage, care should be exercised not to to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur in livestock. Sampling forage or hay for nitrate levels is recommended. Acres shown in the tables are considered to be the usable acres excluding required buffers , filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the field listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provision for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production nitrogen per year in the sludge. If you remove sludge every 5 years, you will have approximately 7560 lbs. of PAN to utilize. assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 lbs. of nitrogen per acre, you will need 25 acres of land. If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre, you will need 60 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and application methods. Page 5 APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in tables. Failure to apply the recommended rates and amounts of nitrogen shown in the table may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Applic Applic Tract Field Soil Rate Amount No. No. Type Crop (in/hr) (inches) This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instances should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or Page 6 one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION THIS WETTABLE ACRE PLAN HAS BEEN AMENDED TO SHOW THE PROPOSED COC ANIMAL CAPACITY OF 4200 HEAD FEEDER TO FINISH. THE PLAN WILL BE AMEN AGAIN WHEN THE FARM IS RETROFITED FOR THE REGISTERED NUMBER OF 6000 ANIMALS. THE IRRIGATION PARAMETERS ARE FOUND ON TABLE D-1. Page 7 WASTE UTILIZATION PLAN AGREEMENT ---------------------------------- Name of Farm: PORK PLUS Owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to the surface waters of the state from a storm event less severe than the 25 -year, 24- office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: FAISON INVESTMENTS, LLC (Please print) Signature:, Date: Name of Manager d'fferen from owner): Signature: Name of Person Preparing Plan: Howard Hobson (Please print:) Date: /-/-V.3- YC' 0' / Affiliation: Carroll's Foods, Inc. Phone: 910-293-3434 Address: P O Drawer 856 Warsaw, NC 28398 Signature: Date: z / If 4f Page 8 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS EXHIBIT A-6 NRCS, NC JUNE, 1996 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation of land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has a notarized agreement for use of adequate land on which to nroner.ly annlv the waste. If the producer does not own copy of a notarized agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. Actual yields may be used in lieu of realistic yield tables at the discretation of the planner. 4. Animal waste shall be applied on land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at more than 5 tons but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strips) 5. Odors can be reduced by injecting the waste of disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste should applied to saturated soils, during rainfall events, or when the surface is frozen. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop or forages breaking dormancy. Page 9 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after 10/1/95, shall not be applied closer than 25 feet to surface water. This vided adequate vegetative filter strips are present (.See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet from wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animals waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over spraying. Animal waste may be applied to prior converted cropland provided it has been approved as a land applications site by a "technical specialist". Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shll be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. if animal production at the facility is terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible permanent markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Soil tests shall be made every two years and a liquid waste analysis be taken at least twice each year consistent with waste utilization plan. Poultry litter shall be tested prior to application. Soil and waste analysis records shall be kept for five years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 10 05/0'8/2001 09:32 FAX 910 289 6408 MURPHY FARMS FARM NAME: PORK PLUS DATE: 4/20/01 OF ANIMALS DONE BY: DSE FINISHER 4200 NURSERY 0 sows 0 NOTE: THE ACTUAL VOLUMES DISPLAYED ON THIS SHEET ARE CALCULATED USING THE AREAS OF THE CONTOURS CREATED ON ONE FOOT INTERVALS. THE TOTAL VOLUME CALCULATED USING DCA = 755703 rTF r/ r/"- Ea 002/012 % OF STORAGE VOL REQUIRED ACTUAL REQUIRED DEPTH TREATMENT a 567000 567000 100,0D9/o 9.7B STORM = 52207 52207 100.00°.6 0.64 TEMPORARY a 136824 137267 100.34% 1.78 TOTAL USEABLE 756031 756494 100.06% 12.20 I/-V-OL/� Shrec�7.-�/ it-av Ypar90[ 400 DAYS OF TEMPORARY STORAGE: 110 DEPTH OF SLUDGE: 0.0 NOTE: THE ACTUAL VOLUMES DISPLAYED ON THIS SHEET ARE CALCULATED USING THE AREAS OF THE CONTOURS CREATED ON ONE FOOT INTERVALS. THE TOTAL VOLUME CALCULATED USING DCA = 755703 rTF r/ r/"- Ea 002/012 5C08C2001 09.32 FAI 910 289 6405 as 0 MURPHY FaMS 0 0+ co to `� a •r c � A 0 �o WAN w t x�a ui 0 - OR Lo 05/08/2001 09:92 FAX 910 289 6405 MURPHY FARMS Z004/012 PROlHC1` VILI?t STVL- CK2. WIC3 APB NO.: SHEET: i DESIGNM BY: DAM - CHECKED BY: DATE LOCATION / DESCRIPTION= STAGE-- V0UWM0-D-EL- BEGINNING STORAGE AT REFERENCE ELEV. 87 =___> 22,599 CF ELEVATION AREA INCR. VOL CUMUL. VOL, 87.0 0 45,698 22,599 88.0 0 49,447 47,573 70,172 89.0 0 53,237 51,342 121,514 90.0 0 57,062 55,150 176,663 91.0 0 59,685 58,374 235,037 92.0 0 62,347 61,016 296,053 93.0 0 65,245 63,796 359,849 94.0 0 68,073 66,659 42615M 95.0 0 70,961 69,517 496,025 96.0 0 73,910 72,436 568,460 97.0 0 77,027 75,469 6Q,929 98.0 0 81,276 79,152 723,080 99.0 0 85,792 83,534 806,614 -FIND P1JMP'="� �.._.�.-._. CU FT . CF' -- START PUMP _ = FT CU FT 0 CF FREEBOARD = a 1= > FT CU FT 0 CF rHrtm rvHmC: # OF ANIMALS FINISHER NURSERY sows RAIN FALL AREA 25YR 24HR STORM SLUDGE DEPTH WASH/FLUSH WATER DAYS OF TEMP STOR 4200 0 0 89497 SF 7.0 IN FT GA QDAY 110 DAY TOP OF DIKE BOT OF LAGOON FREEBOARD Es! EV % OF 86.20 1.00 FT 98.40 05/08/2001 09:32 FAX 910 289 6405 MURPHY FARMS STORAGE VOL REQUIRED ACTUAL REQUIRED DEPTH TREATMENT ¢ 567000 567000 100.00% 9.78 STORM = 52207 52207 100.00% 0.64 TEMPORARY = 136824 137287 100.34% 1.78 TOTAL USEABLE VOL = 756031 766494 100.06% 12.20 DAYS OF TEMPORARY STORAGE; 110 FREEBOARD = a > 98.40 FT 756,494 CU FT BELOW 95.00 FT 498025 CU FT TREATMENT TOP ELEV 95.98 Fi 567000 CU FT ABOVE 96.00 FT 568460 CU FT BELOW 97.00 FT 643929 CU FT STORM BOT. ELEV. 97.76 FT 704287 CU FT ABOVE 98.00 Ff 723060 CU FT 0005i012� ELEV 86.20 BOTTOM 95.98 TOP OFF 97.76 BOTTOM 98.40 FREE BO 99.40 TOP OF L 05/68/2001 09:32 FAX 910 289 8405 MURPHY FARMS 16006/012 I Grower: PORK PLUS Designed By: Address: Checked By: DSE Date: 04/19/2001' County: DUPLIN Sheet 1 of 7 ANAEROBIC WASTE LAGOON DESIGN FARM INFORMATION Nursery: Finishing: Farrow to weanling: Farrow to feeder. Farrow to finish: Boar's: Storage Period: 25 Yr. 124 Hr Storm Event "Heavy Rain" Factor Rainfall in Excess of Evaporation Additional Water Usage: Additional Drainage Area Farm Population: -------------------- 0 --.--------------- 4200 Hd. ------------------- 0 ----------------- -- .0 --------------------- 0 --------------- -- 0 — — — — — — — ------------- 90 Days -------- ------ -- 7,0 In. Not Applicable 7.0 In. --------------`—_-- 7.0 In. ---------------------- 0 ------------------- 0 LAGOON INFORMATION Is Lagoon Designed as an Irregular Shape? (YIN) — — — — — — --- — —N Does Operator Want Emergency Spillway? (YIN) — — — — — — — — -- —N Is This Design for an Existing Farm? (YIN) — — — — — — --- — Y Is Drain Tile Req'd to Lower SHWT? (Y/N)----------N Seasonal High Water Table Elev:-------------------- 0.00 Freeboard: --------- ---------- 1.0 Ft. Emergency Spillway Flow Depth: Not Applicable 0,3 Ft. Top of Storm J Spillway Buffer: Not Applicable 0.5 Ft. 'Side Slopes: -------------------- 3.05:1 (H:V) Inside Top Length: --------------------- 540.0 Ft Inside Top Width: ------------ — — — — — — — 165.8 Ft. Top of Dike Elevation: --------------- — — — — 48.60 Ft. Finished Bottom Elevation: ---------7— — — — — — — — 35.20 Ft. • Start hump Elevation: Ft. Stop Pump Elevation: — — — — — — — — — — — — — — — — — 45.38 Ft. LAGOON VOLUME REOUIR�DVOL. DESIGN VOLUMES % REQ'D. Storm Stor = Temporary= Permanent = ume = 52211 (CU.Ft.) 121444 (Cu.Ft.) 567000 (Cu.Ft.) 740,655 (Cu.Ft.) 53,313 (Cu.Ft.) 125,685 (Cu.Ft.) 5_76,94_0 (Cu.Ft.) 755.918 (Cu.Ft. I Min Required Uner Thickness ---------------------- Lagoon Surface Area (inside TOD)--------------------- Murphy Family Farms Engineering P.O. Box 759, Rosa HN NC 28458 102.11% 103.48% 101.75% 10206% 2.0 Ft. 89,505 S.F (910) 289-2111 05/08/2001 09:32 FAX 910 289 8405 MURPHY FARMS f�J007/012i �+Vrr v, . , v. n. r.vv rw..�. w ..� • . Address: Checked By: DSE Date: 04119=01 Countv: DUPLIN Sheet 2 of 7 4 ACTUAL DESIGN VOLUME. CALCULATIONS LAGOON STAGE -AREA VOLUMES .i Contour .b f i Elevation (FT.) Area 09F) Incr. Vol. tCu. FTS - Cumul. Voi. (Cu. FT) -- 35.20 38,498 36.00 41,169 31,867 31,867 37.00 44,573 42,871 74,738 38.00 48,052 46,313 121,050 39.00 51,606 49,829 170, 879 40.00 55,233 53,419 224,299 41.00 58,936 57,085 26,1,383 42.00 62,712 60,824 34Z207 43.00 66,563 64,638 406,845 44.00 70,489 68,526 47E,371 45,00 74,489 72,489 547,860 46.00 78,663 76,526 624,3816 47.00 02,712 80,638 705,024 48.00 86,935 84,824 789,8148 48.60 89,505 52,932 842,780 4 .i .b f i Z i 1 rr (I I' Y 1� These volumes were calculatO usInq the vertical avers a end area method. 1 TOTALQ OLUME: 740,655 CF CUMULATIVEVOL. ON 102. O ND PUMP= = = = > 45.38 FT 576,940 CF T 'MT 574940 101.75% START PUMP = - > 46.97 FT 702,605 CF TEMP 125,665 103.48% ; MAX STORAGE = A > 47.60 FT 765,918 CF STORM 53,313 10211%1 Murphy Family Farms Engineemg P.O. Bax 759, Rose Hill NC 2840 (910) 289-2111 .' 05/08/2001 09:32 FAX 910 289 8408 MURPHY FARMS 0008/012 Address: MINIMUM REC rmanent Storace: Required Treatm t Volume: Checked By: Date: OSE _ 04/19/2001 7 Animal Type CapaciN ALW fcu.ft. Ib = Total u rzM 0 30 1.00 0 Fins 4,200 135 1.00 567,000 Farrow to weanling 0 433 1.00 0 Farrow to feeder 0 522 1.00 0 arrow to n sh 01 1,4171 1.00 0 oars 01 4001 1.001 0 Total Required Treatment Volume (cu. tt.) = 567.000 Sludge Storage Volume: n mal loWe CaDacitv AL cu. . Ib = ' ota Nursery D 30 0.00 0 Finishing 4200 135 0.00 0 Farrow to weanling 0 433 0.00 0 Farrow to feeder 0 522 0.00 0 Farrow to finish 1 01 1,4171 0.001 0 Boars 1 0 400 0.000 1 0 Total Hequirso Sludge Storage volume (cu. tt.) = 0 Temporary Storage Volume: Manure Production: FAlm-al a ac . eno a s a=Totai Nursery so 0.30 0 Finishin 4,200 90 1.37 517,860 Farrow to weanlin .0 90 4.39 0 Farrow to feeder 01 90 5.30 0 Ferrowto finish _. --_ 0 - . '90 .14:38 - 0 Boars 0 90 4.06 0 Total Manure Production (gals,)= 517,660 Total Manure Production (cu.ft.)= 69,233 Excess Fresh Water: Total I-resn Water EXCesS (gals,) = Total Fresh Water Excess (cu.ft,)= Family Farms Engineering P. D. Box 759, Rose HILI C 28458 A Q 0 0 (910) 289-2111 4 • •• 1 • •• • v _ • • :a• - 1 • 1 1 • i Total I-resn Water EXCesS (gals,) = Total Fresh Water Excess (cu.ft,)= Family Farms Engineering P. D. Box 759, Rose HILI C 28458 A Q 0 0 (910) 289-2111 4 05/08/2001 09:32 FAX 910 289 6405 MURPHY FARMS ►.. Temporary Storage Volume: (Cont.} Q 009i012W 1t Checked By: DSE Date: 04/19/2001 Sheet 4 of 7 Rainfall in Excess of Evaporation: Vol.= (Lagoon Surface Area + Additional Drainage Area) * Rainfall / 121n./ft Vol.= (89506 sq.fL + 0 sq.ft,) * 7 in. /12 in,/ft, Total Required Volume for Rainfall in Excess of Evap. (cu.ft.) 52,211 Storm Storage: Vol.= (Lagoon Surf, Area + Addt'I Drainage Area) * 25Yr./24Hr. Storm(in) / 12in./ft. Vol. = (89505 sq.ft + 0 sq.ft.) * 7.0 in. 112 in./ft. Total Required Volume for 25Yr.-24Hr. Storm Event (cu.ft)= 52,211 'Heavy Rain' Storage - Vol. — (Lagoon torage:Vol.=(Lagoon Surf, Area + Addt'l Drainage Area) * "Heavy Rain" Factor (in) / 12in./ft. Vol.= (89505 sq.ft + 0 sq.ft,) * 7.01n. /12 in./ft. Total Required Volume for `Heavy Rain' (cu -ft.) = 0 (for Extended Periods of Chronic Rainfall) Addibional Water Storage: No Additional Water Storage is Required Total Required Storm Storage (25 Yr. / 24 Hr. Storm + °Heavy Rain") 52,211 (CU.FT) Total Required Temporary Storage _ .._......... .. .. .(Manure -Prod. + Excess. Fr. Water +.Rainfall Excess). ._...i 23,444 (CU.F-T)----j Total Required Permanent Storage (Treatment + Sludge) _ Farms 567,000 (CU.FT) TOTAL REQUIRED VOLUME= 740655 (CU.FT.) P.O. Box 759, Ross Hill NC 28458 (910) 289-2111 05/08/2001 09:32 FAX 910 289 8405 MURPHY FARMS � 010/012-; grower: rVKN rLUO vUsignea 6y; Address: Checked By. DSE Date: 04/19/2001 County: DUPUN Sheet 5 of 7 LAGOON DESIGN SUMMARY Top of Dike Elevation - - - - - - - - - - - - - - - - - - Emergency Spillway Crest Elevation - - - - . _ _ _ _ _ _ _ _ _ _ _ _ _ Top of 25 yr/24 hr Storm Storage --------------------- Top of 'Heavy Rain" Storage ---------------------- Start Pump Elevation ------------------- End Pump Elevation ------------------ Top of Sludge Storage ----------- -------- Seasonal High Watertable Elev. -------------------- Finished Bottom Elevation --------------------- Inside Top Length ----------------------- Inside Top Width --------------------- Side Slopes -------__---------- Lagoon Surface Area ---------------------- Min. Liner Thickness (if required) -------------------- Freeboard Depth - - - - - - - - - - - - - - - - - - - Temporary Storage Period - - - - - - - - - - - - - - - - - - - 48.60 FT. Not Applicable 47.60 FT. Not Applicable 46.97 Fr. 45,38 FT. Not Applicable 0.00 35.20 FT. 540.00 FT. 165.75 FT. 3:1 H:V 89,505 SF 2.0 FT. 1.00 FT. 90 Days TOTAL DESIGN VOLUME = 755918 (C U. FT.) Zone Dap_ths:. Treatment / Sludge Storage Zone Depth ----------- Temporary Storage Zone Depth - - - - - - - - --- - - Freeboard / Storm Storage Zone Depth `- - -- - - - - Total Lagoon Depth 10.2 FT, 1.6 FT. 1.6 FT. 13.4 Ff. . Family Farms Engineerbg P.O. Box 759, Rose HE NC 28408 &10)289-2111 05/08/2001 09:93 FAX 910 289 6405 MURPHY FARMS [a 011/012" f Grower. R Design y: j Address: Checked By: DSE Date: 04/19=1 E' County: DUPLIN Sheet 7 of 7! 's f This livestock waste treatment lagoon Is designed in accordance with the North Carolina Natural Resources Conservation Service PRACTICE STANDARD 359— WASTE TREATMENT LAGOON, revised prior to June, 1996. y Emergency Spillway: An Emergency Spillway is not required, I NOTE: See attached Waste Utilization Plan 1 DESIGNED, 4 c DATE: COMMEt4TS: r Murphy Family Farms Englneerhg P. 0. Box 759, Rose Hill NC 28459 (910)289-2111 05708/2001 09:33 FAX 910 289 6405 MURPHY FARMS FARM NAME: PORK PLUS DATE: # OF ANIMALS DONE BY: FINISHER 4200 NURSERY 0 SOWS 0 Q012/012 4120101 TOTAL USEABLE VOL = 756031 756494 100.06% 12.20 DAYS OF TEMPORARY STORAGE: 110 DEPTH OF SLUDGE: 0.0 NOTE: THE ACTUAL VOLUMES DISPLAYED ON THIS SHEET ARE CALCULATED USING THE AREAS OF THE CONTOURS CREATED ON ONE FOOT INTERVALS. THE TOTAL VOLUME CALCULATED USING DCA = 755703 8 % OF STORAGE VOL REQUIRED ACTUAL REQUIRED DEPTH TREATMENT a 567000 567000 100.00% 9.76 STORM = 52207 52207 100.00% 0.64 TEMPORARY 136824 137287 100.34% 1.76 TOTAL USEABLE VOL = 756031 756494 100.06% 12.20 DAYS OF TEMPORARY STORAGE: 110 DEPTH OF SLUDGE: 0.0 NOTE: THE ACTUAL VOLUMES DISPLAYED ON THIS SHEET ARE CALCULATED USING THE AREAS OF THE CONTOURS CREATED ON ONE FOOT INTERVALS. THE TOTAL VOLUME CALCULATED USING DCA = 755703 8 --02 5 (P5, �?u5 S.4 0 M:. 8`?� 5b0 + C4i x '15, Co9g + Co S, � �lS k 63, .2 — - — - - NaC f_Ar44— Or) lun,t Modal. i - 5a)a, S41rn-. +0rn�� 50?, oZ t ccs - ' 11 Ll v , (o 65 ck,- + _ - - - s5 - - '7 y°,� — �, a Y8 e< � e u cG s.s boo'p. 150 Sloe- 11 'deo w it {it 506 x r; � o p 50o x 1 60 '7 5 oo V '1, 50 d t Lr$U lr ?r . t so S -o k 55, j ! y ID 16 I. CL 1I! oo j : 3(�V$lQ,00v ypad 5y0vdy ) 3, o o c) 3 5v� �a (p 5d 0 54 a 7 'i 0 _ E� � � y, 11 1. - 11 CS,2 � , foo �- 1V7, PL/7 X q/ f 34l , 7�g k (l/, (o /c,/ —. j ! y ID 16 I. CL 1I! oo j : 3(�V$lQ,00v ypad 5y0vdy ) 3, o o c) 3 5v� �a (p 5d 0 54 a 7 'i St t fN hC U FFO a e o ort aro ma Department of EnvironrrCEIVEDAla . and Natural Resources�"��Division of Water Quality My 0 8 2000 ,James B. Hunt, Jr., Govemor D fZ N C C p Bili Holman, Secretary FAYETTEVILLE V Kerr T. Stevens, Director REM. OFFICE November 2, 2000 N. C. , ' � O; ;y� ��y�R t.. �- ,.� t MR F J FAISON TR NOV 2ggg CARROLL'S REALTY PARTNERSHIP PO BOX 856 R WARSAW NC 28398 SUBJECT: Acknowledgment Receipt Letter Pork Plus Farm # 82-25 Case No. DD 00-002 Sampson County Dear Mr. Faison: This letter is to acknowledge receipt of your check No. 4271 in the amount of 57,319.60 received from the Carroll's Realty Partnership October 30, 2000. This payment satisfies in full the civil assessment in the amount of $7,319.60 including $569.60 in investigative costs, levied against Carroll's Realty Partnership and this enforcement 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 ext. 539.. Sincerely, Jeff Poupart, Supervisor Non -Discharge Compliance & Enforcement JPltw cc: Winston-Salem Regional Office Enforcement/Compliance Files #DV 99-011 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 I� .JAME9B H11N7.lR i�s•x� � Ti;� .'Ej.riM1' ,•',BIOV R LL HOLMAN" 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 Environmental Engineer, FRI�w SUBJECT: Enforcement Package Pork Plus Farm Facility No. 82 - 25 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. IN Attachment 225 GREEN STREET. SUITE 714 / SYSTEL 81.0. FAYETT€VILLE, NORTH CAROLINA 20301-5043 PHPNE 910-496-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST—CONSUMER PAPER rte Fast Track Freeboard NOV Checklist Date Time Onsite Re nJ Facilqy Name -k C�j Facility Location Name of Owner' l�IV r' T r Address of Owner p, 56 Name of Cert. Optrator Integrator Type of Facility sow, feeder to finish, etc.) fcrU Fill Number of animals onsite Number of animals certified for G Freeboard level /5 't Notes: bi,l i k n c eA rato .i . oct 1 f� co cf!> r , 64.14 Inspector's Signature , Date 01 rte � ,� � ;ii . a�a � Yaam a -vvaa uaw. � � uaca �a.vaanca.• F• y ". uw� v ;" p'. , � Y ! I 1,{ + } !'. � � , � - f � 'f{ y,l [, Jai '.i:�,; j .1 �r' r �i- , ti ,;r, s. :;I �, 3. i o ii��i, i � ?r7• �)� i 'r� ,1 ,?, a, t„!�_ ,, ,�y �,,° n: r! ,� iViSlon Of Soyl and;Water ConserVattori, •ICortfphance inspection,, ��, f?,•,;,a,!!'�is F), } , �lv'll�� 10 Routine O Complaint Q Follow-up of DWQ inspection O Follow-up of DSWC review m Other � ,a11 IYII Y• UaIrY�I�la1�1111Y11 Facility Number Date of Inspection Time of Inspection 0 24 hr. (hh:mm) [Permitted 4 Certified C] Conditionally Certified © Registered 10 Not Operational I Date Last Operated: Farm Name: ..................PK........LK�!.5........................ ............... ................ County...... fr9 ... ."%',.....�.....`.... ....... ................... S fOwner Name: ..Grr4 ..t..................s ........ Phone No: ................ 9 .... ............. Facility Contact: ..... Title: Phone No: MailingAddress: .............P:..D.'........Y. ........A. ................................................... ............ 1`.�t f....... ........................ ..0 ��.. Onsite Representative: ....... 6 ........ A. -W ...... )9�6r5... Integrator:..... .. Certified Operator : ................................................... ............................................................. Operator Certification Number:.......................................... Location of Farm: ... .. ...... ........ ... .. T Latitude �a uY ��� Longitude Design Current Design., Cur'renf I I', Di ign: : ;Current Swine ` Poultry CaCa'aci :'Po ulation pkity o •ulation Wean to Feeder ElLayer ❑ Dairy t, #� Feeder to Finish �p 1[]Non-Layer ❑ Non - Dairy Farrow to Wean ; ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design. Capacity; C7� ❑ Gilts ❑ Boars Total SSLW i Number of Lagoons y!' ❑ ❑ Subsurface Drains Present Lagoon Area ❑ Spray Field Area I3 Holding Ponds,l Sohd Traps j" ❑ No Liduid Waste Management System i; t j,a Discharges rk Stream Impacts 1. Is any discharge observed from any part of the operation? p` Discharge originated at: E] Lagoon [3 Spray Field j Other bG� a. If discharge is observed, was the conveyance man-made? � b. If discharge is observed, did it reach Water of the State? (Il' ycs, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (Il'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 1 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.) 3123199 Yes ❑ No ❑ Yes 4 No (xYes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No 5 ructure 6 ❑ Yes ❑ No Continued on back Facility Number: gaZ — a5 Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenancelimprovement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 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? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? Q (ic/ disharee, freeboard problems, over application) 1 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? j 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No VYes ❑ No ❑ Yes qNo XYes ❑ No ❑ Yes ❑ No NVQ yi¢I:a�igns'ojr dc#�cjencip5 wgr6 npteO-00ifig •this'visit; Y:otji'Wi1 j.t bOiyte 06 fuftit ' . . ...' oridence: abau>t this :visit: ' ' . • . ' ' . . . . . • • ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 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? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? Q (ic/ disharee, freeboard problems, over application) 1 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? j 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No VYes ❑ No ❑ Yes qNo XYes ❑ No ❑ Yes ❑ No NVQ yi¢I:a�igns'ojr dc#�cjencip5 wgr6 npteO-00ifig •this'visit; Y:otji'Wi1 j.t bOiyte 06 fuftit ' . . ...' oridence: abau>t this :visit: ' ' . • . ' ' . . . . . • • :i'-il•i'3'.:'3.1.3 =">>3. i. ;iE-.f r"�1351..1L Fi;' .. - El'::i:'yIH}tit34 .Jn31.�#I'°1"'�<....i{1.1.4 .E1"� dE....t <.�1:rl`d-�'^ � -,_��' Comments (refer,to.questien #) ill:kplatniatty YES,answers and/ oraany'recommendationsor any,:other,comments � f3t't , i' If�,I . } 1 ..rft.-,7'_�i 1{' 1) li•. �': _' 3.'....� : _ '! _ . I'-...'ht'.i�,'. i- -. . I.'..;r�.-.. ; I.• � t ;Use drawings of facility-Ttol i!tter explain situatiopsI,tuseiadd tionallpages�asinecessary)v l f, �V i�.n er t� ;:1, �, T li r Oct76� on .1—/0— oo wt �- a 4, , b1 � AL runny` - b i wc_ el"5 . 714 �ea2 41 400Pn 'tom ,Q 4V" ­11, U aj I UjMO a sr - gc�� Lung rig 4,o,- L4 Idw-L10,17 -1 Reviewer/Inspector Name " ; w -:.: v } ' 1�� `, "�';`} . Reviewer/Inspector Signature: Date: 02— Io --COO re .i � k f ` � i I � • Facility Number: a — Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? l Ir I 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) 29. 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 + oil 11E.411MI,+I + 1 { tl f ` � i I � �• � � r I !L- r !� I l Ir I I FAYETTEVIL.LE DIVISION 817 Castle Haync Street Fayeitevilie, NC 28303 Phone (910) 864-1920 Fax (910) 864-8774 CHAIN OF CUSTODY RECORD PAGE OF ENT NAME 5 ADDRESS: 1�a 7[tri� 1145 V; tler Po 1PIFICUECTILOCATION:orkWe_ F_ Cw B L E 5 TYPE OF ANALYSIS Time PRESERVATION CODE lRe Rdl . ISM re) Date Time nquished 6Y- (Signature) Date Time CODE: A = -4'C ONLY C = NaOH l<41C + <4'C E = ZN Acetate + <4'C F = ONTACT PERSON: 3 Relinquished by (Signature) Dato Time Relinquished by (Signature) Date Time 5 HONE Allo ` 15,41 SAM TE MMETHOD OF SHIPMENT: LAB ID # SAMPLE TYPE DATE TIME COMP GRAB PH D.O. TEMP -C Rte CNLORtIV [me $ ITIme Ale -3 Wim- ;L-/0 -00 /r? ` o a ii Z- Z 5 L-)�, t a, to --too o ✓ 3 Pr G A � 2 Retinquished IS rel Date Time Rellnq ish W. (Signature) Dare Time lRe Rdl . ISM re) Date Time nquished 6Y- (Signature) Date Time 3 4 Relinquished by (Signature) Dato Time Relinquished by (Signature) Date Time 5 61 1 Relinquished by ISignaturelDate Relinquished W ISignatute) Date 7 [me $ ITIme Cornments or Special Hazards: ® Microbac Laboratories, Inc, FAYETTEVILLE DIVISION NC #11 817 CASTLE RAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA 03787 (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. Upstream - ID #00WU2889 2. Discharge Point - ID #04WE2890 3. Source - ID #OOWD2891 4. Down (hwy) - ID #OOWD2892 5. Down #2 - ID #OOWD2893 0. DATE RECD: 02/10/00 SAMPLED: 02/10/00 SAMPLED BY: J. Brown DELIVERED BY: J. Brown SAMPLE CODE: WW, Stream, Grab REFERENCE: Pork Plus Farm DATA REVIEWED BY:Q--101 _ DATE REPORTED: 02/18/00 ANALYSIS ban= 1 2 3 BOD (mg/L) EPA 405.1 0.967 COLIFORM, FECAL (per 100 ml) SM18 9222D <9 >129000 >1070000 NITRATE (mg/L) EPA 353.3 <1.0 <1.0 3.33 t4++it*itti*ti#;+#*t#;t*;ttt*ttt*tt**t*tittt*tttttttttttitt+4tttt+++tttt*+t#tt*tit*t#t#tit ANALYSIS DOC27 DD 4 B 6 ;t*ti*til*##it#*tit###hitt;tttt#ttt#*tt#t*#tt#tint;tt+ttttitttitt+ttiitt+t+tttt;+++t+t+t BOD (mg/ L) COLIFORM, FECAL (per 100 ml) NITRATE (mg/L) COATS: < o Less than > - Greater than EPA 405.1 SM18 9222D EPA 353.3 PAGE 1 OF 1 10.4 2000 182 1.52 1.74 The data and other information contained on this, and other accompanying documents, represent only the MEMBER sampte(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 -NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research WE i OF T w r"t AUCwT J PALJ 1EI,LEsm (WAr) Env too, . r'!'" -''A c riT;O u, b.mVT' MGL 100 WYE tall n1S`:E) ;im" tr_s it E3 (wd\ p) 1. by Me''T TO" T r -r ' f 4 r 4 � ! F T T r f l a '! 1 Y! i¢! t t o r i t y! S ! 'r S- t r+ r t •! a! r •r ! i I Y-0 t .T ! 1 t 1 t 1! r+ T r r t 1! T 1. 1� -r r r •y d T t r �! d 4 r 't ! tr '•! r r+ 1 f t! t+ 1 T • I t t+ T t 1! r i t! 1 r t 4 e T h t! t T t r -I t •r t t I 11 t i!. t I} I t r r 4 t I r f E t• t r 1 r+ t i I t t r t I r r! T 1 1 ciTIT,K1f.LE itu.S\P) AV ?A'{ ,T'U ti3_Q 5-� E'.ECY1' IN -41 TOO 1117? ?;!WTe %;. �;;i�u!+`.� TQW u!! too (11,r) i:L'sl 4ire' T 1;'dr, e -! t N t+ 1 1�!+ ! r t l" + i 4 • .V •t !• Y! T T! 1 r! 4 1 r! 1 1 f♦ t r T 1 e t? t - i 1 t r• t r r d r+ r r r t 3 t• 9 6 t r t+ I t r t' t r i' t r f WEr HOU T 5 3 4 t f l t i t t !+ } r 4 + -r. t t •-} Y t i ! s• e t f i 1' • y t t r • !• t� r a} t ♦! 4 �t � t f r y r yf r+ t? t r T r t T •! t! • t e r t t •r y r t i i• s t !} 'f ' t t• t DVIE b Ec ME' D: 01 t iTti DVIV UE•,lSIEsMED UV t QW& W: 1 10 Wlti•AltAN 4li...'rfl;l.b f}f114T V.i4: JTFs' €fit. "R3uT lfiDUES: t;'''_tt ,ni , d+tQ•: IUd' all" 1T+i VV&E;ifF`q b: T.nrV KT'P2 hATO ;;kJl" H'E I-IL'I ' DE':1'1114E1F.i► ii:sIh I{F,GIi?: t•:1�1U1�)V :.';Ttb7'i•;1+- t1 �11Y :)U " r-�IS'1 t''''� 'T •�'f. 4�ii1, it"d -r,l.�'7 '�'.;". >•�t::'.Lr;:,r. ErrE;' sit. `�£�:ii?, >,��r���+-�,.,., 'Th. frwAlik ^.s6L VI fit{ 43.,1x14 U Facility Number Date of inspection .�.�.... Time of Inspection at ,rte- 24 hr. (hh:mm) Permitted ® Certified [3 Conditionally Certified Q Registered 113 Not O erational Date Last Operated:. .Farm Name; ...................... pl�A........1..� .`�` C.ounty:........,: .... .r.............,.............. Owner Name................1.r.� t';'c?L...S........ .�.1.X. 1� � . l.t Y ..... Phone No: ...............rl.�L'",:.' r� ...:�. .�%.................... FacilityContact:...................................................:..........................Title................................................................. Phone No:................................................... �Iaiiin Address: G ' � ........................................ i=.rs�........?........,...............<� >~ ..� .... ................... ...................... Onsite Representative: .......... .r. r ......................... Integrator: ........... C'). .' ,......!.L`.....tzC..... Certified Ogerator:................................................................................................................ Operator Certification Number:.......................................... Location of Farm-. Latitude Longitude Number of Lagoons a' ❑Subsurface Drains Present ❑ Lttgaaa Area ❑ spray Field Area - ' • --! r �� His ol`dm iPands 'Z: Sol�dtTra s ❑ No Liquid Waste iYlanagement System t % 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 conveyancer snan-made? b. If discharge is observed, did it reach Writer of the Stoic? (It' yes, notify DWQ) c. if discharge is observed, what is the estimated flow in gal/min? d. Discs 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 ? Structure 3 Structure 4 Structure 5 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Structurc 6 ldontificr: Freeboard�inche.sl: ............... ..�..................................................,...........................................................,...........................,...........................,............... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes [:]No 3/23/99 seepage, etc.) Continued on back r " Facility Number: 8°;1;— Date of Inspection 5, Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate puhlic health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? S. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings'? Waste ikpplicntion 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? Excessive Ponding ❑ PAN 12, Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 14 Yes ❑ No 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? c� Yes [__1 No b) Does the facility need a wettable acre determination? .- r "r) ' r -5 " ""' IJ Yes ❑ No c) Thisfacility is pended for a wettable acre determination? �jre�{ "RM ❑ Yes ❑ No 15. Does the receiving crop need improvement? t, �, [Ya.+M ❑ Yes ❑ No 16, Is there a lack of adequate waste application equipment? C1 wo ❑ Yes. ❑ No Reouired 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 *0 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 No.. i01000s'O. d riciencies rvt;'re ilotd. during 4Ns:visit;- Y;o0 ;wii1•t&Oiye;io fitt�thgr , corres• oridenke.'about th' :visit: . . ,tip �5 Comments (refer to gueshor; #j:: )Expla�n.any YE5 answers and/or any`recommendations orany other comments X41 k 'U � IIse drawtngsryof fac>lity�to better explain s':tuattons (use additional pages as necessary) 5 f- ^0 koL'c �t:i�'e� 1lr+ �++ ��Zv` L't/t:zt� ! rLt�a l.�.G.J � '.�1.�..34caL� ���. (?j'L%t•Yzen-vJ VIA AA r // 1r�fj],�, • , - jy�}t ( �yy� 1`r_� � �. n J f (,J�/y �r trt.L�ir'1�p =•�� +WI ("l �].�.��V�f,,.� r+"�* � f' '•V M�-• ��'C.� '�[ T Reviewer/Inspector Name; Reviewer/Inspector Signature: % p~� Date: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILL>= REGIONAL OFFICE DIVISION OF WATER QUALITY March 6, 2000 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28398 SUBJECT: Request for Information Permit No. AWS 820025 Pork Plus Farm Facility No. 82-25 Sampson County Dear Mr, Faison: On February 24, 2000, the Division of Water Quality at the Fayetteville Regional Office received a letter in regards to the Pork Plus facility. The letter was accompanied by a Memo to your attention from Howard Hobson, a Carroll's employee. It was determined by Howard Hobson that the waste structure at its current condition could not adequately treat the amount of waste being generated from the facility at its maximum capacity of 6,000 animals. The recommendation at that time was to seek additional land for waste application or decrease the herd size at the facility to 3600 animals. However, it has been determined from a review of the information by DWQ central office and regional staff that the waste structure still cannot support a herd size of 3600 animals with a 60 day (minimum allowed) temporary storage period and simultaneously he considered a lagun. One of the following items must be addressed: (1) recalculate and reduce to the number of animals that the structure can adequately handle and simultaneously be considered a lagoon, (2) develop the Certified Animal Waste Management Plan (CAWMP) based on the NRCS numbers for a holding pond instead of a lagoon, (3) develop the CAWMP on actual on-farm waste samples (a minimum of three waste analysis per year for three years with corresponding irrigation records). PIT J: 2Z8 GREEN STREET, SUIYE 71A J SYSTEL BLD- FAYETTEVILLE, NORTH CAROLINA 26301-5043 PHONE 910-486-1541 FAX 910-405-0707 AN EQUAL OPPORTUNITY J AFFIRMATIVE ACTION EMPLOYER - SO% R£CYCLED00% POST•CONSUMER PAPER Page 2 Pork Plus Farm March b, 2000 Please provide a written response to this office on or before March 13, 1999, regarding corrective actions taken or planned. 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. Sincerely,; - s � . d Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Sue Homewood - Non -Discharge Permitting Unit Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Howard Hobson - Carroll's Foods, Inc. 03/14/00 17:21 FAX 9102936957 CARROLL'S FOODS •- c March 9, 2000 Mr. Paul E. Rawls Regional Water Quality Supervisor NCDENR, Division of Water Quality Fayetteville, NC 28301 Dear Mr. Rawls, This letter is in regard to your request for information dated March 6, 2000. Presently. there are 3600 head of animals on the firm. There will be no additional placement of animals until a herd size of 3200 head is reached. My intention is to develop a plan that will bring this farm into compliance and return to the original 6000 bead stocking rate. I am still looking at severaI options and respectfully request a sincere effort on your behalf in order to achieve this goal. [a 002 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILL.E REGIONAL OFFICE DIVISION OF WATER QUALITY March 14, 2000 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820025 Pork Plus Farm Facility No. 82 - 25 Sampson County Dear Mr. Faison: 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 10, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Pork Plus swine facility in Sampson County due to an anonymous complaint regarding the stream adjacent to the subject facility. It was observed that wastewater had left the back of building #6 due to a problem with one of the discharge lines. Wastewater Was observed in the surface water drainage ditch as well as an Unnamed Tributary (UT) of Bakers Branch which is Class "C SW" waters. Two earthen berms had been constructed in the surface water drainage ditch. The DWQ regional office was not notified of the discharge until after the investigation had been conducted and Howard Hobson, a Carroll's employee, had been informed of the problem. The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why the discharge occurred and what steps have been taken to assure incidents of this nature do not occur in the future. 228 GREEN :STREET, SUITE 714 / SYSTEL BLD. F'AYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486.1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POSTCONSUMER PAPER Page 2 Pork Plus Farm March 14, 2000 2. Please explain why the discharge of animal waste was not reported to the DWQ regional office as required by the General Permit. 3. Please explain when the discharge was discovered and what specific actions were taken once the problem was identified. 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 and for failing to report the discharge as required in General Permit condition 1II.6.g. 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 24, 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 Pork Plus Farm March 14, 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. Sincerel r`y � i Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Howard Hobson - Carroll's Foods, Inc. RECEIVED MMR 2 2 2000 �� flFF�cF March 20, 2000 Mr. Paul E. Rawls NCDENR 225 Green Street Systel Building, Suite 714 Fayetteville, NC 28301-5043 Subject: Response to NOV for Pork Plus Farm, Facility No. 82-25, dated March 14, 2000 Dear Mr. Rawls: The spill at the farm was due to a blockage in a discharge pipe from one of the houses. The blockage was not detected until the morning of February 10, 2000. Workers at the farm took immediate steps to shut off all water going into the house. Their next effort involved getting equipment on the site and berming or blocking discharge from the farm. As soon as this was accomplished, the workers notified the owner. A visit was made to the site to access the situation. Once this was done, a call was made to DWQ informing them of an accidental spill. This call was made within the 24 hour reporting period from first knowledge of the accident. The spill was unfortunate but was unintentional and accidental. I feel that the proper steps were taken to minimize the event and to report it to DWQ. I am not aware of any environmental damage as a result of the spill and request that your office not proceed with recommendations for enforcement. Cc: Steve Lewis, DWQ N.C. ATTORNEY GENERAL 14 MICHAEL F. EASLCY Fax:919-716-6767 s . Mar 14 '00 16:10 P.01 State of North Carolina ueparrrnenl of justice 1P. o. BOX 520 RALEIGH 27502-0620 " A Phone; Fax: (919) 716-6600 (919) 716-6767 FROM: .c a,A DATE: NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET): CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE: COMMENTS: REG. OFFICE Iraw, N.C. ATTORNEY GENERAL Fax:919-716-6767 ►-4 • CARO + ST�OR NORR'YH CAROLINA � FEE dPY9TAT6TO0N. C. FILING can? Ia-035890$ FILING MO- A 0 0 4 sr�rr� or r�rc- He . 1. HAM! OF CORPORMON, PRTNMAL OFMI' AODRM CAMOLL'S FOODS OF THE MIDWM$To INC. ATTN J TROY SKUH JR. PO SM 867 AZA MW WC 28863 2. 9—T3X TIRED AGEW" AHD MAILIAG ASORESS Mar 14 '00 16:10 P. 02 -OFFICE U9E ONLY AHOIJNT PRMM6660 BY— REPORT mm DATE- 01-Z9_2998 MMCX DATE- 1l-59-i97t MATE OF IMC- 11-I4-19" 6NTEA PRINCIPAL OFFICE"ADDirM CHANCE HEMS - ENTER AWW NAMe AND MAILIM6 AQORESS CHAMM HEU - i rater =TK JR FQ UM •67 NPM SIKH He 29"1 3. ,STREET AURESS aP RFa�STEREO OFFICE lOG7 C E6E CT e!rrER sTxeP r ADORFS6 MADEEiERE - NEW BERN Ne 2a662 COUKrT - CRAVEN G. IF REGISTERED AGENT CHAMED, SISNATURG OF NEN ACENT 13112WATM COkSf:TUTES CMaDfr TO APro9OTMCNTI 5- r9PERAL EMPLOYER TD MYHSER tsNTER FEDERAL I0 NUMBER CH"I HERE - 561933643 6. 9WElk NAME, TITLE AND SMINESS ADDRESS OF PRINCIPAL OFFICERS HEN - NAne- F. 3. Faison, Jr. ADDR- Past Offiea Bos 856 TITLE- Pmssi&nt CITY- Warsaw 3T- NC ZIP- 28398 jW%_ joacy S. Matthe" ADDR- PC# OffiM BOX 856 vice PrtsidentlAsst. Secretary Warsaw NC 28398 TME -CITY- 5T- ZIP - Carroll bd. Arthur vsk AOgee Beg 956 sat Vice PresidenrlA. Secretary AD Warsaw NC 28398 TITLE- CITY- ST- ZIP - James O. A&Uilews Past Me Bax 856 lum- VicePresidezWAs4L Secretary ADDR- 'Warsaw NC 293" TITLE- CITY- ST- ZZP- i. ENTER AMD 6U 5 ADDRESS OF DIRECT13RS HIRE - pP �6 AT �CtHOx�S�CESSARY WE. � 5, AODR- rOu Warsaw NCS- 28398 CITY.. 3T- HANE- Carroll Nt Arthur ADDR- parr Office Bax 856 Warsaw NC Cm- ST- ZIP-2$398 HAMS- JRmes 0. Mea IMM AM- Post Office Box 856 CITY- Warsaw ST- NCuP- 28398 A. BRIEFLY 09=RISE THE NATURE OF ITS BUBsf4Ess OR AC ES - Swine Producer a - NQPPrAT, INC. lnuwuy 30, 1 M 3 9.41 ar_ 9y f'leC� ism rrr. president .. NNE- + 'TLnt 1 49 PAL07 rkvg AM1 71M T ;tfprm culd-pe r {nodEDYe DURAT hewn abora with a 6K6ak for $10.00 too AAL S5TARVF SIAM, LEOM,07 OFFICE 29525. RALEI[3H ttC 27626-0525. CAR4 ZO 3DId iiNn eaud3a ivnNNd L096SEZ616 65:68 998Z18B1E8 N.C. ATTORNEY GENERAL Fax:919—?16-6767 Mar 14 '00 16:10 P.03 `:�,fSc(cyO 1 o I STATE OF NORTH CAROLINA - Annual Report A"ftW Pa8c Dbrectota: Nasse ?.1. Faison, Jr. WiMon A. PriOr A. L Hob900d, III E6 mid L1Nn S1b0d:ib -mf" AddfCU Post office Box 856 Wanaw, NC 28398 Post office Box 856 W&rpw, NC 28398 Pon office BOX 856 Warsaw, NC 28398 Post Moe Banc 856 Wppaw, NC 2839$ 4096EEL6T6 bs;6e 60BZ/eB/E9 N.C. ATTORNEY GENERAL Fax:919-716-6767 �r C AK4 STATE OFNORTH CAROLINA .� IU at:� � 60 FILING Pis P Y L N.C. 96CACTA V OF S A 98 044 COPS CORP ID- 0 3 1 6 4 4$ FILING No- A 0 0 6 ETATE DF ;#X- NC 1. MAt1E OF CORPORATIGN, PnWZPAL OFFICE 001RRSS EARROLL'S REALTYr INC. PQ BCM "6 "MAN WC Z03 2. aesiwrmo Awe Alm MAILVO ADDR955 j TROY SKT1H JR pa m abs NKN BERN NC 2566 3. STK9T ABH1RKIS OF DEeiaTep,6o OFFICE IOO1 COLLEGE CT VaW URN NC 2a56z COLWY - CRAVEN 4, YF PlosTgno ACEHJT eu&wr=a, SICNATURE OF NEW A"NiT Mar 14 '00 16:11 P. 04 OFFICE USE ONLY F L E AMOUNT C 5S P hl.PIR 199p REPORT CUE DATE- 03-01-1996 EFECTIV- V E PTa NOTIce OATS- Iz-'Si-2897 PiE'\i.�'.: a 4.•� .�� SY JE DATP Of INC- 12-02-1902 WGR MNCIPAL OFFICE ADDRESS CHAHOE "ERE - EWER AGENT NAME ANO MAILING "DRESS CHANGE HERE - ENTEP STREET ADDUCS C64ANM HERE - Ma"Twc GlrCMUTE; CG7171ii7 7G �Y�o1MTlt r S. CEDIER4L EMPLOYCR ID NUMBER ZWMR FEDEiFAl. IO WWWR CMAXW HERE - s63allW9 6- ENTER MAKE, TITLE AND SUSItOSS ROOM= OF PRINCIPAL OFFICERS NEVE - "00- F.1. Faism . Jr. AVP- Foot office Box 856 TITLE- President CITY- wandw . sT-NC =r- 28398 SNAKE- jeffroy S. MatOwwS ADDR- past Office Bax 836 TITLE+ VWA Pft*ident/AS9t. SacrCtAty Cm- Warsaw yr -NC zXp- 18398 NAHG- Carroll M_ Arthur ADDR- Post Office Box 856 TITLE- Vi0o PMld*nVASLR. SeMeMrY CITY- WN=W 5T -NC ZIP- 28398 NAME- Jam= 0. Matthaws ADDR- PostOtnoe Box 956 Y= Pmftent/AOL 5ecmury Warsaw NC 28398 T=TLB- CITY- ST- uv - 7. ENTER NAmF AND wszmESS ADDItgn OF DTRECTDRS HERE - ATTACH 2ND PACE IF NECESSARY 11, Jeffrey S. mmhews AMR- post 09iae Sox 856 CITY- Warsavr 3T- NC zxr- 28398 NaFIE- CUMU M, A Ulkw AADR- post office box 836 crTY- Weraaw RT- NC zrP- 28399 Hames 0. MHtnilews ADDR- p(a OSioe Bax 656 ern- warow ST- NC aa. 29398 8 waEFLY o6SCRISE TWE NATURE OF ITS BUSIMS5 OR Investment Company 9.:r DTC - 7y 30,1998 40014 1310wo OT aff1CO of cowpoo.TsuH) F. J. Faison, Jr, Peidmt MAKC- T STLf1- so RETARV OC STATS Al+il#NUALeREPURTh5cC1'IbHATROSTaWpRiCC?9625. RALE•-uH Nq xs626--62S. 626OS2S. CAR4 pe 39vd IINf1 G-LUCd3N -MnNNd 48956E4GIS 66=80 QW/Bolea N.C. ATTORNEY GENERAL Fax919-716-6767 Mar 14 '00 16:11 P.05 STATE OF NORTH CAROLINA - Annul R _ Addklmd Pap � 1� 5@ 9ER?d ilNn siaoj:w -In" 4096EEL6i5 Wee B66Z/86/EB MAR .5 1998 D,'reemn: EFFECTfU: SECR'r i t1A!�• P. J. Faison, Jr. roes offiCo iox a% Warsaw, NC 18398 WUHam A. Prior Poet Office Box 856 VI wow. NC 28398 A. L_ Hobgood, M Post 0040 Bmc 856 Wonw, NC 2$39$ Join B. MGKkwn Pon Ofioe Bum 856 Warsm NC 29398 5@ 9ER?d ilNn siaoj:w -In" 4096EEL6i5 Wee B66Z/86/EB N.C. ATTORNEY GENERAL Fax:919-716-6767 • y LLC4 MARROE'1200.00 F NORTH CAROLINA F=LINO FEE �+ PAYABLE O N.C. SECRETARY OF STATS. s LLC ID- 0 3 9 3 2 8}? k 2 FILIra NO- A O 0 2 STATE OF ORG- NC 1. NAm OF OR6ol'=TIONr PRINCIPAL OFFICE ADDRESS MAMbM FAMILY PROPERTIES, LLC Pb ORANER 956 WARSAN Nr: 28399 Mar 14 '00 16:11 P.06 CFFICK use ONLY �I� AMOUNT Et0CE86 BY Rilf -1 REPDRr om DATE- D -24-1947 E DATE- 04-30-1497 �OqkarW rC OF ORS- 04-10-11996 I CHONGE HERE - 2. REGT.STCRFA AMr AND MAILING ADDRESS EATER A6GNT NAME AUD MAILYNS ADDRESS cKWE NSRE - i TWN SHIrµ ja T: PO I= 667 NEN BERN NC 285630867 3. ST44ET ADDR688 OF REGISTERED orrice ENTER STREET ADDRESS CHAISE NE*t-'. w•� 9001 COLLEGE CT .� NEW btRFI. !C 2856E COUNTY - CRAVEN ft. IF RgraMR62 AGENT CHANGED, 516MTURE Of NEN AGENT lalm"Tt! Cam3y(YOU CCNUWT TO voQllq)!WT5 $. FEDERAL EMPLOYER ID NUMBER ENTER FEDERAL ID i"JWR CHANGE56449 087 6. ENTER NAME OND BUSINESS ABDU= GF MANAGERS NEU NAME- F. J. Faison, Jr. ADDR- Post Offica Drawer 955 Ctrv- Warsaw IT -NC ZIP- 28348 KQM- ADOR- CITY- 5T- aa» W,w_ ADDR- CITY- ST- z=v- ADDR- cm. Sr- ZIP - 7. ORjurLr DESCRIBE THE NATURH OP THE BUSINEs5 - Property Ownership a. I v z rrsEp ®oar:�Wp- b p LTARY GF0STAT�� ANHUri4ZDREPQRThSECTiO `T1�O��OOFF�G� E952bh RAL09H C 27b26� 0529. L L C+4 90 30'dd IINn S140d3N -WrlW - LOSEEC4516 69:89 99OZYGO/E9 N. C. ATTORNEY GENERAL Fax+••:9.19=716-6767 gyp ,�._�.. ari� ,• � .pert. i�.A1.dY��' i � ,� '."^. t.'y ..� +nr�:':i.%i� .m Maar 14 '00 16:12 P. 07 CARO TTI OF PORT CAROLINA NC LU g 20.00 FILING E 8 PAYABL�e 0 N.O. SECRETARY OP STATE. coRA la- 0 0 2 4 0 7 A FrLIJYC No- A 0 O 7 STATE OF INC- HC I. NAMC i OF CORPORATECk. P011 CIPAL OFFICE ADDAMS CMMLL'S FOODS, IN[. PO bDX SA6 HaRsa+l Re zes" 2. REOZZMED "&Or 00 MUM ADDRM u TROT SKTH JR 1001 COLLM fW r WX &RAN tc 2=40 J. STREET AWQRCZ* OF COS 6 fl[WRTF CE 11NBw 01 RN IRC za"a ct1uwy - CRAVEN 4. It REGISTERED &SEW CKAN=t, 31"TUkf Of MRM ANUT OFFICE USE ONLY AMOUNT 7 (` L. ssea 8 ous aATs- 48-99,1097 Ai Al 4 W NMCE DATE- 06-30-1947 '•�- n6 -28-19e1 ;TATE BHRR PAtMI.PAL OIEffCE ADOP4U. f4ANW HERE - Carroll's Foods, iso. 2822 NC 24 West Post Office box 856 Warsaw, NC 28398 INTER AGENT NAk£ AND MULt6 ADDRESS cwM6E HERF - z}+T'6k aTRII T ADDOW Ci►AM ME*ff - <i{WYKi rwair 7 rn CON' ?* a►,9VgrgmT 1 S. FICE3M BNPL*YCR 20 r MER 60MR rbERAL ID NNSER CHAHM HERE 5b08Q7"a 6. eNTro RM0 , r=TLF AMO 6u I SS ADDRESS OF PRMYPAL OFFIeOM 41ha - we- P. J. Faison, Jr. A)DR- Post Office. Box 856 rrrL&- Preaident cm- Warsaw sy.NC Lep• 28398 name- Jeffrey S. Matchers AbOR- Post Office Box 856 TITLE- Vice PresidentiAnar. . Secrerery cirv- Waraaw ST -NC ter- 28398 "P12- Carroll M. Arthur ADR- Poet Office Box 856 TITLE- Vica Pruaident/Aest. Secretary CrtY- Watsaw Sr -NC z:P- 28396 "'I19- James 0. Matrhows ADDR` Post Offleo BOX 856 TITh- Vice Preold@rit /Asst . Secrara" c2T4- Vdroav tr-NC ap- 28398 %. EMTER mW " OUSTNE33 aQDRESS Of DIRECTOOS Mptff - 2rrACH M PAG& Ii raMI tARY R"6- aerr:eY S: MecchGWS a°DR- Poet Office Box 856 crrn- Warsaw sr -NC '4p- 28398 Nine- Carroll M. Arthur ADaR- past Office Box 856 SrTr- Warnav ST_NC zla_ 28398 ""K- James o. Katthews ADDR,Post Office, Box 95f� _ z"- Warsaw T DSC 28998 8. 9RI6FLt OESCRI61 TNt NATLIRB OF ITS WJSZNM OR Live swine =4 turkey production , 9. u ev July 28, 1997 ' ', ,�_ P_ J.� Faiaaa; .Tr. Tars- PrppidCilC TTM[ ml ri !u'r OWK Y{ t 1 PLC This fo-m tvu� $o rQfurnad bC tFi4�i1� pAT� thewn �bove wiN+ a cheok fDr a2e_00 �4p: SECRErARV 0 5 ar . 4NkuaL REIP T cC d ,' OST OFF CE 29626, RALEIGH NC 27626 -OS LO 29Vd IINn SlWd3�1 -KWV 4096EEL6% 5S:8B B69Z/B8/E8 go 3owd .LiNn siu)Qau -m-" N.C. ATTORNEY GENERAL Fax.'919-716-6767 Mar 14 '00 16:12 P.08 STATS OF NORTH CAROLINA Amuaj Report F Additional Page 4 A 41' SAW I. Fidew In Pon Office Box 836 Wamw.Nc 26398 W0110M A. Prior POsT Office Box 8505 Wamw. NC 29309 A. L. Hlobgood, III Pox Oftice &A 856 Wer3aw, NC 29399 Curtis (), Pic& Post omce Box 856 Wmaw, NC 23308 khn H. Nkkirmn Post offlea Box 85( Wuww, KC 23398 go 3owd .LiNn siu)Qau -m-" N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 14 '00 16:12 P.09 BOOK 4 PAGE 74 9TATU OF NORTH CAROL2n& CounrT . oir ammeoN . CNRTsr2CAS'E of Assam MOM ; This certitleate Is ipxecutsd puriaant to the requirement■ • of,. Article 14, Chapter 66• ' of the Gonial . Statutes of North Carolinas 1. she name under which the businoss'of the undersigned Is to-be conducted is "Carroll's Realty Partnership_" Z. 'The-name and address of each owner of the business ares Carroll's Foods, Inc.. P.O. Drawer 636 Warsaw, North Carolina 283911. Carroll's Realty, Inc.' P.O. Drawer 856 Warsaw, North Carol.laa'28399 This the 16th.day'of December, 1992. CARROLL'S POQp8, INC. Y J.Lyfilson, Jt., Pres ent • =tip ... i• ' .. Joyce C. [a t ew - secretary-(Corporate goal] ' CARROLL • O RZALtT , Ince. •; . �.'• ; 'son, Jr., President 7 o7c�e. . lit ews , secretary110 ; •[Corporate Beal] N. C. ATTORNEY GENERAL Fax - 9'19= 116--6767 Mar 14 '00 1613 P. 10 BOOK 4 PAGE 75 STATE OF NORTH CAROLINA COUNTY OF I, �(�� �s-1�r+t•t k„As;�� , a Notary Public An. and for Bald County and State#tea hereby Certify that on the day of. �ec•. , 1992, before me .personally appeared FAISON,.J ., With W om I am personally acquainted, who, being by me duly sworn, says that he is President and that JOYCE C. MATTHEWS In Secretary- of CARROULIS FOODS, INC., the Corporation which executed the foregoinq inatrumentt that he knows the common seal of said corporationt that the -seal affixed to the foregoing Instrument is said common seal; that the name of the corporation .was subscribed thereto by '.the said Presidents that the sold President and Secretary subscribed their names thereto and the said common seal was affixed, all by order of the Boa -rd of Directors of said corporation; and that the maid instrument s the act and deed of said corporation. WITNESS my hand and notarial seal, this the Is ,T day of notary PUD14a Xv Commineion Expirese STATE OF NORTH -CAROLINA COMM OF I, (' • 'Alr x •'_..'J , a Notary Public In and for said -County and State# do hereby certify that on the day of•,.�c% , 1992, before me personally appeared J. FAISON, R., vit wRom I am personally acquainted, who, being by me duly sworn, sags that he in President and that JOYCE C. KXTTHEWS is Secretary of CARROLL' S REALTY, INC., the corporation which executed the foregoing instrumento that he knows the common seal of said corporation; that the seal affixed to the foregoing Instrument is said common Beall that the name of the corporation was subscribed thereto by the maid President; that the said President and Secretary subscribed their namea thereto and the said common Deal was affixed, all by order of the Board of Directors of said corporationt and that the said instrusment is the acct and deed of said corporation. N. C. ATTORNEY GENERAL Fax : 919--716-6767 Mar 14 '00 16:13 P.il BOOK 4 PAGE -76 11i'Y'IfB60 hand and notariAi .0aa1� "Ad .thr " L day of otary, FU.. Frapwsad bV orA ratnrn.tor'', 11. fle�tfbtd Willie. 722 ' For tho Firm of _ Ward and 6mlth, P.A. 1001 ColleOa Court poet Office Box 867 5 New Bern, Worth Ca1;o11ha' 98563-0067 Talopllahe� {919) 633-1000 NOR! 'M CAUGUNA. SAUM M COUMV 7tie oraaneae�t oettlllrtaiAf nav [Votary INAW counpd es -bo come= TbiU imawwtu was dented for tngtsa !m t4IWAn i !n thL2 Offlae at Boa page. - '7 t ' - - - i>>it da]' . .... EaZi'f:'tCth lEt =� .,�.�+ 19 u 1 O: Z)+i - QrCbck— Mol 8 tL TROL'JBLPJPMLD BrdaedM Reglstir of Dwd"face► at u/sun aaatt80t324.ttll - �� If f7 P1CKL•. 4'� � / � ' STATE OF NORTH CAROLINA COUNTY OF SAMPSON STATE OF NORTH CAROLINA, ex rel. MICHAEL F. EASLEY, Attorney General, and BILL HOLMAN, Secretary of the North Carolina Department of Environment and Natural Resources, Plaintiff, V. CARROLL'S REALTY PARTNERSHIP, a North Carolina general partnership, CARROLL'S FOODS, INC., a North Carolina Corporation, CARROLL'S REALTY, INC., a North Carolina Corporation, and FAISON INVESTMENTS, LLC, a North Carolina Limited Liability Company, Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 2000 CVS 452 CONSENT JUDGMENT AND ORDER The State of North Carolina, upon the relation of its Attorney General, Michael F. Easley, and the North Carolina Department of Environment and Natural Resources ("DENR"), Plaintiffs herein, and Faison Investments, LLC, Defendant herein, the other named Defendants having divested themselves of all ownership and operator interests prior to the entry of this Consent Judgment and Order, agree to entry of this Consent Judgment to resolve the matters in controversy between the parties and effectuate the purposes and goals of North Carolina's water quality statutes and rules. Plaintiffs brought this action to compel Defendant to comply with North Carolina water quality protection laws and rules, and Defendant's certified animal waste management plan ("CAWMP") and General Permit at the Pork Plus farm, located near the town of Turkey in Sampson County, North Carolina. In response to this action, Defendant Faison Investments has reduced the number of animals at the facility and lowered the animal waste level in the lagoon, thereby achieving compliance with the minimum required lagoon freeboard level. Plaintiffs further brought this action to compel Defendant Faison Investments to comply with North Carolina water quality protection laws and rules by documenting the ability of the Pork Plus farm to comply fully with all permit terms and applicable water quality protection laws and rules in'connection with land application of animal wastes and other waste management practices. Subsequent to the filing of the Complaint, the parties have exchanged information, met and now believe that the matters raised in the Complaint can be addressed and resolved through this Consent Judgment such that Defendant Faison Investments' Pork Plus farm will comply fully with all permit terms and applicable laws, including North Carolina's water quality protection laws and rules. After reviewing the pleadings and terms of this Consent Judgment and Order, it appears to the Court that it has jurisdiction over the parties and over the subject matter, and that the terms of this Consent Judgment and Order are appropriate for assuring Defendant's compliance with the law and protection of the environment. Based upon the verified Complaint and with the consent of the parties, the Court makes the following Findings of Fact and Conclusions of Law: 1. Plaintiff is the sovereign State of North Carolina. This action was brought on the relation of Michael F. Easley pursuant to his common law power as Attorney General to bring civil actions to abate public nuisances. N.C. Gen. Stat. § 114-1.1. This action was also brought on the relation of Bill Holman, Secretary of the Department of Environment and Natural Resources, the State agency established pursuant to N.C. Gen. Stat. §§ 143B-279.1, and vested with the statutory authority to enforce the State's environmental pollution laws, including laws enacted to protect the FA water quality of the State. 2. Defendant Faison Investments owns and operates the feeder to finish swine operation known as the Pork Plus farm, located south of the town of Turkey in Sampson County, North Carolina. A Certificate of Coverage under the General Permit for swine operations was issued on July 2, 1998 to Carroll's Realty Partnership for the Pork Plus farm, which permitted the farm for a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design storage capacity of 766,512 cubic feet of animal waste and 68 acres of nearby spray fields onto which the animal waste stored in the lagoon is land -applied. 3. The Certificate of Coverage under the General Permit for the Pork Plus farm was amended and reissued to Defendant Faison Investments on _??_, 2000. The Certificate incorporates by reference the most recent CAW W, which establishes the maximum number of swine that may be on the farm at any time &hilg i1 ism g ffgct as 3,200, based upon the current size and condition of the animal waste storage lagoon. 4. Inspections by Division of Water Quality ("DWQ") staff from the Fayetteville Regional Office between February, 2000 and the end of March, 2000, revealed the level of the waste in the lagoon, based upon readings of the markers in the lagoon, fluctuated between a freeboard of 11 inches and 18 inches. Minimum A of 19 inches is required by the General Permit and Certificate of Coverage. 5. On April 5, 2000, plaintiff filed a Complaint against Defendant Faison Investments alleging that the Pork Plus farm had violated the Certificate of Coverage and General Permit by maintaining inadequate freeboard in its lagoon, failing to record an irrigation event. and discharging 3 wastewater to the waters of the State without a permit. 6. On April 6, 2000, Defendant Faison Investments accepted service of the Complaint. 7. On April 6, 2000, DWQ staff in the Fayetteville Regional Office and counsel met with representatives of Defendant Faison Investments and counsel to discuss the terms by which defendant could enter into a Consent judgment and Order with the State of North Carolina. N.C. Gen. Stat. § 143-215.1 OC provides that no person may construct or operate an animal waste management system for an animal operation without first obtaining either an individual permit or a general permit from the EMC. An "animal waste management system" is defined as "a combination of structural and non-structural practices which will properly collect, treat, store or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the State by any means except as a result of a storm event more severe than the 25 -year, 24 hour storm." 15A NCAC 2H.0203(3). 2. Subchapter 2H.0200 of Title 15A of the North Carolina Administrative Code (the "non -discharge rules") establishes the requirements and procedures for application and issuance of permits for waste disposal systems, including animal waste management systems, which are not authorized to make any discharge to the surface waters of the State. The non -discharge rules provide that none of the rules shall be deemed to allow violation of any assigned water quality standard, and, further, that any such discharges shall be considered a violation of a condition of a permit. 15A NCAC 2H.0217(f). 3. The EMC has developed a Swine Waste Operation General Permit for swine operations (the "General Permit"). A CAWMP must be submitted as part of an application for a 4 Certificate of Coverage under the General Permit. A CAWMP must contain the animal waste management practices or combination of practices which are selected to comprise a plan for a specific feedlot. 15A NCAC 2H.4217(a)(1)(H)(i), The CAWMP is incorporated by reference into the General Permit issued to a swine farm operator. The purpose of the CAWMP and the General Permit is to assure that the public health, safety, and welfare are adequately protected in connection 1M swine farm operations. Included in the CAWMP are performance and operations standards and requirements that assure that the swine operations will be carefully designed and operated in a manner to accomplish their purposes. Siting of waste lagoons and spray irrigation fields and the establishment of proper freeboard levels in the lagoons are critical in the design process to protect the public health, safety, and welfare of the citizens of North Carolina. 4. The General Permit contains numerous provisions, including the following that are pertinent to this case: (a) Condition I (2) of the General Permit provides that any violation of the CAWMP is a violation of the General Permit and subject to enforcement action. (b) Condition V (3) requires that the maximum waste level in the lagoon shall not exceed that specified in the CAWMP, and, further, requires that, at a minimum, the waste level for the lagoon established in the CWAMP cannot exceed the level that provides adequate storage to contain a 25 -year, 24-hour storm event plus an additional one foot of freeboard to protect the structural integrity of the lagoon embankment. (c) Condition 111 (5) requires that records of land application events and solids removed to an off-site location be maintained in chronological and legible form for a minimum of three years and be kept readily available for inspection. 5 (d) Condition 1I1(6) requires that the permittee report by telephone to the appropriate DWQ Regional Offices as soon as possible, but no more than 24 hours following the first knowledge of the following occurrences: (1) Failure of any component of the animal waste collection, treatment, storage, and land application system resulting in a discharge to surface waters; (2) Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge; (3) Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment; (4) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit; and (5) Any discharge that bypasses a lagoon/storage pond resulting in a discharge into surface waters or that poses a serious threat to the environment. 5. The EMC has delegated to the Director of DWQ of DENR the authority to issue individual non -discharge permits and certificates of coverage under the animal waste management system general permit. N.C. Gen. Stat. § 143-215.3(a)(4); 15A NCAC 2H.0249. 6. Whenever DENR has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental Iaws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation," and, "the court shall grant the relief necessary to 6 prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 7. This Court has personal jurisdiction over the parties and subject matter jurisdiction over the controversy. The Complaint states a claim upon which relief can be granted. 8 This Consent Judgment entered into by the parties is fair and will terminate the controversy between them in regards to this proceeding. However, the Court will retain continuing jurisdiction in this case until the parties have complied with all provisions of this Consent Judgment. 9. The Pork Plus farm's CAWMP requires that the system properly collect, treat, store or apply animal waste to the land such that no discharge of animal waste occurs to surface waters of the state. For the waste lagoon, this includes storage capacity to hold a 25 -year, 24-hour storm event (7"), plus an additional 12 inches of freeboard to maintain the structural integrity of the lagoon. The State's water quality laws and administrative rules, Defendant's CAWMP and General Permit were violated due to the extended failure to maintain the required minimum lagoon freeboard. 10. The lack of adequate freeboard posed a potentially serious threat of failure of the lagoon structure and discharge of animal waste into the waters of the State -- in violation of State law-- unless immediate corrective action was taken. The risk of such a discharge increased as more waste entered the lagoon and the waste level approached the 12 inches of freeboard required to maintain the lagoon's structural integrity.' Such a discharge would cause immediate and irreparable injury and damage to the water quality of the State. 11. The continued operation of Pork Plus farm and its lagoon without adequate freeboard threatened to cause: (a) serious danger to the public health, safety and welfare of the people of the State of North Carolina, and (b) serious harm to the land and water resources of the State of North Carolina, thereby constituting a public nuisance. Therefore, the State was entitled to stop the 7 nuisance until it was abated. NOW THEREFORE, based on the foregoing Findings of Fact, Conclusions of Law, and upon the joint application and consent of the parties, it is therefore ORDERED, ADJUDGED AND DECREED that: 1. Defendant Faison Investments shall operate the Pork Plus farm in compliance with the provisions of this Consent Judgment, applicable permit terms, Faison Investments' revised CAWMP for the Pork Plus farm, and all other applicable laws and regulations. 3. Defendant Faison Investments shall maintain at least 19 inches of freeboard in the lagoon as required by the CAWMP and the General Permit. 4. Defendant Faison Investments shall maintain an accurate waste level marker in the lagoon so the actual freeboard level is determinable by staff from the DWQ and the Division of Soil and Water Conservation when inspecting the Pork Plus farm. 5. This Consent Judgment compels compliance with North Carolina's water quality protection laws and regulations and, in connection therewith, addresses and resolves all enforcement matters under applicable law and the common law claim of nuisance in the Complaint regarding Defendant Faison Investments Pork Plus farm known to Plaintiffs as of the date of entry, save and except Plaintiffs' right to assess, collect and enforce appropriate civil penalties for the violations specified herein pursuant to N.C. Gen. Stat. § 143-215.6A. Nothing in this Consent Judgment shall restrict Plaintiffs' right to take any and all appropriate enforcement action against Defendant for any alleged violations not now known to Plaintiffs, or for any alleged future violations. Defendant does not waive any right to contest or defend against any such future enforcement actions. 6. The parties shall comply with all terms of this Consent Judgment; the contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce the terms of this Consent Judgment. 7. The parties, through counsel, have consented to having this Consent Judgment signed and entered out of district, county and session. This the day of May, 2000. GO Superior Court Judge Presiding WE CONSENT: FAISON INVESTMENTS, LLC F. J. Faison, Jr. Date I. Clark Wright, Jr. Date Ward and Smith, PIA. P.O. Box 867 New Bern, North Carolina 28563 (252) 672-5400 wp 39815 10 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Kerr T. Stevens, Director Division of Water Quality MICHAEL F. EASLEY Attorney General Date Francis W. Crawley Date N.C. Department of Justice P.O. Box 629 Raleigh, North Carolina 27602-0629 (919) 716-6600 STATE OF NORTH CAROLINA COUNTY OF SAMPSON STATE OF NORTH CAROLINA, ex rel. MICHAEL F. EASLEY, Attorney General, and BILL HOLMAN, Secretary of the North Carolina Department of Environment and Natural Resources, Plaintiff, V. CARROLL'S REALTY PARTNERSHIP, a North Carolina general partnership, CARROLL'S FOODS, INC., a North Carolina Corporation, CARROLL'S REALTY, INC., a North Carolina Corporation, and FAISON INVESTMENTS, LLC, a North Carolina Limited Liability Company, IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 2000 CVS 452 ) j1 i 1 CONSENT JUDGMENT AND ORDER we Defendants. The State of North Carolina, upon the relation of its Attorney General, Michael F. Easley, and the North Carolina Department of Environment and Natural Resources ("DENR"), Plaintiffs herein, and Faison Investments, LLC, Defendant herein, the other named Defendants having divested themselves of all ownership and operator interests prior to the entry of this Consent Judgment and Order, agree to entry of this Consent Judgment to resolve the matters in controversy between the parties and effectuate the purposes and goals of North Carolina's water quality statutes and rules. Plaintiffs brought this action to compel Defendant to comply with North Carolina water quality protection laws and rules, and Defendant's certified animal waste management plan ("CAWMP") and General Permit at the Pork Plus farm, located near the town of Turkey in Sampson County, North Carolina. In response to this action, Defendant Faison Investments has reduced the number of animals at the facility and lowered the animal waste level in the lagoon, thereby achieving compliance with the minimum required lagoon freeboard level. Plaintiffs further brought this action to compel Defendant Faison Investments to comply with North Carolina water quality protection laws and rules by documenting the ability of the Pork Plus farm to comply fully with all permit terms and applicable water quality protection laws and rules in connection with land application of animal wastes and other waste management practices. Subsequent to the filing of the Complaint, the parties have exchanged information, met and now believe that the matters raised in the Complaint can be addressed and resolved through this Consent Judgment such that Defendant Faison Investments' Pork Plus farm will comply fully with all permit terms and applicable laws, including North Carolina's water quality protection laws and rules. After reviewing the pleadings and terms of this Consent Judgment and Order, it appears to the Court that it has jurisdiction over the parties and over the subject matter, and that the terms of this Consent Judgment and Order are appropriate for assuring Defendant's compliance with the law and protection of the environment. Based upon the verified Complaint and with the consent of the parties, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT I . Plaintiff is the sovereign State of North Carolina. This action was brought on the relation of Michael F. Easley pursuant to his common law power as Attorney General to bring civil actions to abate public nuisances. N.C. Gen. Stat. § 114-1.1. This action was also brought on the relation of Bill Holman, Secretary of the Department of Environment and Natural Resources, the State agency established pursuant to N.C. Gen. Stat. §§ 143B-279.1, and vested with the statutory authority to enforce the State's environmental pollution laws, including laws enacted to protect the 2 water quality of the State. 2. Defendant Faison Investments owns and operates the feeder to finish swine operation known as the Pork Plus farm, located south of the town of Turkey in Sampson County, North Carolina. A Certificate of Coverage under the General Permit for swine operations was issued on July 2, 1998 to Carroll's Realty Partnership for the Pork Plus farm, which permitted the farm for a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design storage capacity of 766,512 cubic feet of animal waste and 68 acres of nearby spray fields onto which the animal waste stored in the lagoon is land -applied. 3. The Certificate of Coverage under the General Permit for the Pork Plus farm was amended and reissued to Defendant Faison Investments on _??_, 2000. The Certificate incorporates by reference the most recent CAWMP, which establishes the maximum number of swine that may be on the farm at any time while it is in effect as 3,200, based upon the current size and condition of the animal waste storage lagoon. 4. Inspections by Division of Water Quality ("DWQ") staff from the Fayetteville Regional Office between February, 2000 and the end of March, 2000, revealed the level of the waste in the lagoon, based upon readings of the markers in the lagoon, fluctuated between a freeboard of 11 inches and 18 inches. Minimum A of 19 inches is required by the General Permit and Certificate of Coverage. 5. On April 5, 2000, plaintiff filed a Complaint against Defendant Faison Investments alleging that the Pork Plus farm had violated the Certificate of Coverage and General Permit by maintaining inadequate freeboard in its lagoon, failft to record an irrigation event, and discharging 3 wastewater to the waters of the State without a permit. 6. On April 6, 2000, Defendant Faison Investments accepted service of the Complaint. 7. On April 6, 2000, DWQ staff in the Fayetteville Regional Office and counsel met with representatives of Defendant Faison Investments and counsel to discuss the terms by which defendant could enter into a Consent judgment and Order with the State of North Carolina. CONCLUSIONS OF LAW 1. N.C. Gen. Stat. § 143-215.1 OC provides that no person may construct or operate an animal waste management system for an animal operation without first obtaining either an individual permit or a general permit from the EMC. An "animal waste management system" is defined as "a combination of structural and non-structural practices which will properly collect, treat, store or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the State by any means except as a result of a storm event more severe than the 25 -year, 24 hour storm." 15A NCAC 2H.0203(3). 2. Subchapter 2H.0200 of Title 15A of the North Carolina Administrative Code (the "non -discharge rules") establishes the requirements and procedures for application and issuance of permits for waste disposal systems, including animal waste management systems, which are not authorized to make any discharge to the surface waters of the State. The non -discharge rules provide that none of the rules shall be deemed to allow violation of any assigned water quality standard, and, further, that any such discharges shall be considered a violation of a condition of a permit. 15A NCAC 2H.0217(0. 3. The EMC has developed a Swine Waste Operation General Permit for swine operations (the "General Permit"). A CAWMP must be submitted as part of an application for a 4 Certificate of Coverage under the General Permit. A CAWMP must contain the animal waste management practices or combination of practices which are selected to comprise a plan for a specific feedlot. 15A NCAC 2H.0217(a)(1)(H)(i). The CAWMP is incorporated by reference into the General Permit issued to a swine farm operator. The purpose of the CAWMP and the General Permit is to assure that the public health, safety, and welfare are adequately protected in connection with swine farm operations. Included in the CAWMP are performance and operations standards and requirements that assure that the swine operations will be carefully designed and operated in a manner to accomplish their purposes. Siting of waste lagoons and spray irrigation fields and the establishment of proper freeboard levels in the lagoons are critical in the design process to protect the public health, safety, and welfare of the citizens of North Carolina. 4. The General Permit contains numerous provisions, including the following that are pertinent to this case: (a) Condition I (2) of the General Permit provides that any violation of the CAWMP is a violation of the General Permit and subject to enforcement action. (b) Condition V (3) requires that the maximum waste level in the lagoon shall not exceed that specified in the CAWMP, and, further, requires that, at a minimum, the waste level for the lagoon established in the CWAMP cannot exceed the level that provides adequate storage to contain a 25 -year, 24-hour storm event plus an additional one foot of freeboard to protect the structural integrity of the lagoon embankment. (c) Condition III (5) requires that records of land application events and solids removed to an off-site location be maintained in chronological and legible form for a minimum of three years and be kept readily available for inspection. 5' (d) Condition 1I1 (6) requires that the permittee report by telephone to the appropriate DWQ Regional Offices as soon as possible, but no more than 24 hours following the first knowledge of the following occurrences: (1) Failure of any component of the animal waste collection, treatment, storage, and land application system resulting in a discharge to surface waters; (2) Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge; (3) Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment; (4) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit; and (5) Any discharge that bypasses a lagoon/storage pond resulting in a discharge into surface waters or that poses a serious threat to the environment. 5. The EMC has delegated to the Director of DWQ of DENR the authority to issue individual non -discharge permits and certificates of coverage under the animal waste management system general permit. N.C. Gen. Stat. § 143-215.3(a)(4); 15A NCAC 2H.0209. 6. Whenever DENR has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental laws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation," and, "the court shall grant the relief necessary to M prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 7. This Court has personal jurisdiction over the parties and subject matter jurisdiction over the controversy. The Complaint states a claim upon which relief can be granted. 8 This Consent Judgment entered into by the parties is fair and will terminate the controversy between them in regards to this proceeding. However, the Court will retain continuing jurisdiction in this case until the parties have complied with all provisions of this Consent Judgment. 9. The Pork Plus farm's CAWMP requires that the system properly collect, treat, store or apply animal waste to the land such that no discharge of animal waste occurs to surface waters of the state. For the waste lagoon, this includes storage capacity to hold a 25 -year, 24-hour storm event (7"), plus an additional 12 inches of freeboard to maintain the structural integrity of the lagoon. The State's water quality laws and administrative rules, Defendant's CAWMP and General Permit were violated due to the extended failure to maintain the required minimum lagoon freeboard. 10. The lack of adequate freeboard posed a potentially serious threat of failure of the lagoon structure and discharge of animal waste into the waters of the State -- in violation of State law-- unless immediate corrective action was taken. The risk of such a discharge increased as more waste entered the lagoon and the waste level approached the 12 inches of freeboard required to maintain the lagoon's structural integrity. Such a discharge would cause immediate and irreparable injury and damage to the water quality of the State. 11. The continued operation of Pork Plus farm and its lagoon without adequate freeboard threatened to cause: (a) serious danger to the public health, safety and welfare of the people of the State of North Carolina, and (b) serious harm to the land and water resources of the State of North Carolina, thereby constituting a public nuisance. Therefore, the State was entitled to stop the 7 nuisance until it was abated. NOW THEREFORE, based on the foregoing Findings of Fact, Conclusions of Law, and upon the joint application and consent of the parties, it is therefore ORDERED, ADJUDGED AND DECREED that: Defendant Faison Investments shall operate the Pork Plus farm in compliance with the provisions of this Consent Judgment, applicable permit terms, Faison Investments' revised CAWMP for the Pork Plus farm, and all other applicable laws and regulations. 2. Defendant Faison Investments shall have no more swine on the Pork Plus farm at any time than its CAWMP then in effect certiLies_that the. waste management system can process. 3. Defendant Faison Investments shall maintain at least 19 inches of freeboard in the lagoon as required by the CAWMP and the General Permit. 4. Defendant Faison Investments shall maintain an accurate waste level marker in the lagoon so the actual freeboard level is determinable by staff from the DWQ and the Division of Soil and Water Conservation when inspecting the Pork Plus farm. 5. This Consent Judgment compels compliance with North Carolina's water quality protection laws and regulations and, in connection therewith, addresses and resolves all enforcement matters under applicable law and the common law claim of nuisance in the Complaint regarding Defendant Faison Investments Pork Plus farm known to Plaintiffs as of the date of entry, save and except Plaintiffs' right to assess, collect and enforce appropriate civil penalties for the violations specified herein pursuant to N.C. Gen. Stat. § 143-215.6A. Nothing in this Consent Judgment shall restrict Plaintiffs' right to take any and all appropriate enforcement action against 8 Defendant for any alleged violations not now known to Plaintiffs, or for any alleged future violations. Defendant does not waive any right to contest or defend against any such future enforcement actions. b. The parties shall comply with all terms of this Consent Judgment; the contempt provisions of Article 2, Chapter 5A of the North Carolina General Statutes shall be available to enforce the terms of this Consent Judgment. The parties, through counsel, have consented to having this Consent Judgment signed and entered out of district, county and session. This the day of May, 2000. E Superior Court Judge Presiding WE CONSENT: FAISON INVESTMENTS, LLC Un F. J. Faison, Jr. Date I. Clark Wright, Jr. Date Ward and Smith, PIA. P.O. Box 867 New Bern, North Carolina 28563 (252) 672-5400 wp 39815 10 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Kerr T. Stevens, Director Division of Water Quality MICHAEL F. EASLEY Attorney General Date Francis W. Crawley Date N.C. Department of Justice P.O. Box 629 Raleigh, North Carolina 27602-0629 (919) 716-6600 ,._;APR. 7.2000 11.24AM CARROLL'S FOODS 7 DATE: TIlVtE: TO: FROM: FAX NUMBER; NEROER OF PAGES SUBJECT: NO. 984 P.1 CARROLL'S FOODS, INC. P. 0. Drawer 856 Warsaw, North Carofta 28398 9io-293-Wa 910-293-7352 - (Fax) FAX TRANSMITTAL SHEET 4 ---- r7 - ©0 RECEIVE0 PR 7 2000 FAYETTEVILLE REG. OFFICE .t :SPR. 7.2000 11:24RM CARROLL'S FOODS NO.984 P.2 C.t,opy Notification of Change of Ownership Animal Waste Management Facility (Please r57e or print 2U informuion th2t does not require a signature) In arrordanec with the requirements of 15A NCAC 2H ,0217(a)(1)(H)(xii) this form is official notification to the Division of Environmental Management (DEM) of the transfer of ownershivf an Animal Waste Management Facility. This form must be submitted to DEM no later thar<60 days following the transfer of ownership. General Information: Name of Farm: aciliry No: Previous Owner(s) Num- N Phone No, CL I3 •3 3 1 New Qwncr(s) Name: �� 5 f1 1 at!& L.�.. C. Phone No: Mailing Address: '�) C, kQR E A _U116&,5 a w rA I .� aq f ' Farm Location.- Fourteen Digit Hydrologic Unit, 3 3 Latitude and Longitude: 2a: 4. t .49 ,� ,�,� $ if County: S Please attach a copy of a county road map with Iocation identified and describe below (Be specific: road names, directions, milepost, etc.): Type of swim No. of Animalr O Wean to Feeder Plieder to Finish Z i o n 0 Fanow to Wean Cl Fsrrow to Feeder O Fa=w to Fetish Type of Poultry O Layer 0 Pullets No. of Animals Type of Cattle D Dairy 0 Beef No. of Animals Other Type ofUvw9 ock...,�..,.., Number of Animals: Acreage Available for Application: 3 Required Acreage: Numbdr of Lagoons / Storage Ponds ;. Total Capaeit r: q 0 �l .fi �L � __ Cubic Feet (ft3) Owner / Manager Agreement I (we) verify that all the above information is correct and wlll be updated upon changing. I (we) understand the operation and maintenance procedures established in the approved animal waste maggtjnortt plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the wast- cement and storage system or copsmuction of new facilities WW require a new cerdficagon to be submitted to the Division of Environmental Management befog the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or fbm a storm event less severe dw the 25 -year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that rtm-aff of pollutantg from lounging and heavy tise areas must be minimized using technical standards developed by the N4=1 Resources Congervation Service. The approved plan will be Bled at the farm and at the office of the local Soil and Water Conservation District I (we) know that any modification must be approved by a technical speclslist and submitted oil and Water Consrxvadort District prior to implementation. A change in land ownership ruluims written nod o�to D a new certification (if the approved plan is changr4 within 60 days of a tide transfer. Name of Nnd wnel�, 7- L , C Date: Name ofdifferent o owner): Signature: Date: Please sign and return this form to: N. C. Division Of Environmental Management Water Quality Section, Compliance Group Raleigh, NC 376:6.0333 NCO -- May 3,1996 PERIMETER ,As PREPARED BY:Canvil's Foods, Inc, DATE:07112199 TIME:03:33:32 PM PAGE:1 Cooe saasnosag MUMH BBTC CBZ OT6'RV3 5b=TT NOR 00/4Z/TO Fork PIU -s M«1-;,ln •w vp(LhD on- nye- C�_ . i; -� a G wr If � e"J e,— y� 6 n� d P kro 1-,n, cotu,4j P CAI\, l .441� Lses I I I I 6' CARROLL'S FOODS, IVC. P. 0. Drawer 856 Warsaw, North Carolina 28398 910-293-3434 910-293-7551 (Fax) RECOVED FAX TRANSMITTAL SHMT2 a 2400 FAYETTEVi' LE REG, OFFICE DATE: v o 0 TIME: T0: r FROM. FAX NUMBER: _ o NUMBER OF PAGES I r7 dO. L d , .t a r .h.i.O 0— - SUBJECT: KS. io0� :_ . ^-_� y "jeasnosali agutng BBic Q6Z OT6 ITA WIT kox 00%bZ%TO WETTABLE ACRE : RECEIVED JM 2 a 2000 YETTEVILLE FARM#--------�- PORK PLUS REG. FFICE TYPE FARM---- 6000 FEEDER TO FINISH COUNTY --------- SAMPSON DATE ---------- -_ 7/12199 NOTE; THIS IS AN INTERIM WASTE PLAN TO BE UTILIZED DURING THE RETRO -FIT PERIOD. THE NITROGEN RATE USED IS 2.3 LBS. 1 ANIMAL. THERE IS A SURPLUS OF 1208 LBS OF NITROGEN. THIS REPRESENTS APPROXIMATELY 2 ACRES OF COASTAL BERMUDA HAY/SG HAY. saoinosag icmamg 88TC COZ OTS Xd3 WTT NOR 00/bZ/TO . CA ION f l THE ATTACHED WASTE UTILIZATION PLAN IS TO BE FOLLOWED. IF CHANGES ARE TO BE MADE IN CROPS, ' FIELDS, ACRES, IRRIGATION, TRACTS, ETC., THIS WUP IS TO BE REVISED OR AMENDED BEFORE ANY CHANGE IS MADE. ANY DEVIATION IN THE PLAN AND WHAT IS HAPPENING IN THE FIELD MAY RESULT IN NON-COMPLIANCE. too aaoanoaag aumnH 66TC M OT6 XV3 Sb=TT NOR 00/bZ/TO Page .1 WASTE UTILIZATION PLAN --------------------- Producer ----- :F.J. --------------------producer-----:F.J. FAISON, JR. County: SAMPSON Name of Farm -:PORK PLUS Location ------:PO BOX 856 WARSAW, NC 28398 Phone --------:910 293-3434 Type Operation-------------: FEED -FIN Number of Animal-----------: 6000 Storage Structure----------: Anaerobic Lagoon Method of application------: Irrigation Amount of waste produced per year---------------: 11400 tons/year Amount of plant available N (PAN) produced/year-: 13800 lbs./year The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or ggrroundwater. The plant nutrients in the anima]. waste should be used to reduce the amount of commercial fertiliser required for the crops in the fields where the waste is to be applied. This waste,utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure,that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do' not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall not be applied to land eroding at more than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may in runoff to the surface waters which is not allowed under DWQ regulations. 5. wind conditions should also be considered to avoild drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a.crop or forages breaking dormancy. Injectin the waste or disking will conserve nutrients and reduce o or problems. 9000 9901n099g usmng 66TC C6S OT6 %V3 S6=TT NOR 00/bZ/TO Page 2 This plan is basad on the waste application method shown above. If ou choose to change methods in the future,, ou need to revise his plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and the crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. 9001 9e0.1noses UeMnH OOTC COZ OTO 1W St:TT NOW 00/fVTO Page YOUR WASTE UTTLIZATION PLAN IS BASED ON THE FOLLOWING: 11� n"', Traet Field 'Soil Crop Yield Lbs. N Lbs. N Month to No. No. Type Code /Acre Unit Acres Used Apply r 3410 2 E NORFOLK K N/A 50.00 210 S -APRIL 3410 2 E NORFOLK B 5.2 50.00 4.2 1092 MAR -OCT 3410 2 F NORFOLK K N/A 50.00 430 S -APRIL 3410 2 F NORFOLK B 5.2 50.00 8.6 2236 MAR -OCT 3410 6 A GOLDSBORO K N/A 50.00 185 S -APRIL 3410 6 A GOLDSBORO U 3.4 50.00 3.7 629 F-JUN,S-N 3410 6 B GOLDSBORO K N/A 50.00 325 S -APRIL 3410 6 B GOLDSBORO U 3.4 50.00 6.5 1105 F-3UN,S-N 3410 6 C WOODINGTON K N/A 50.00 105 S -APRIL 3410 6 C WOODINGTON U 3.4 50.00 2.1 357 F-JiJN,S-N 3410 6 D FORESTON K N/A 50.00 360 S -APRIL 3410 6 D FORESTON U 3.4 50.00 7.2 1224 F-JUN,S-N 3410 6 E WOODINGTON K N/A 50.00 505 S -APRIL 3410 6 E WOODINGTON U 3.4 50.00 10.1 1717 F-JUN,S--N 3410 6 F WOODINGTON K N/A 50.00 480 S -APRIL 3410 6 F WOODINGTON U 3.4 50.00 9.6 1632 F-JUN,S-N ----- ---------- --------- ------ ----- ----- Total ----- 52.0 ------ 12592 ------- Available Nitrogen (includes commercial) 13800 Surplus Or Deficit 1208 Crop codes: Crop -unit A=Barley-bu. B=Bermudagrass(graze)-tons C-Bermudagrass(hay)-tons D=Corn(grain)-bu. E=Corn(silage)-tons F=Cotton--lbs . lint G--Fescue(graze)-tons H=Fescue(hay)-tons I=Oats-bu. J=Rye-bu. K=Small grain(graze)-acre L=Small grain(hay)-acre M-Sorghum(grain)-cwt. W=Wheat-bu, Y=Fescue(pasture)-tons Z=Bermudagrass(pasture)-tons O=Soybeans-bu. R=Matua(graze)-tons U=Millet(graze)-tons e Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in 'a timely manner. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small drain etc, is to be removed for hay or silage, care should be exercised not to to let small grain to reach maturity, especially late in the season (i.e. April or May). shading may result if small grain gets too high and this will definitely interfere with stand of LOOO saosnosa-d aemnH 66TC C6Z OT6 YVd 9V:TT NOX 00/VZ/TO Page 4 bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times duringq the season, depending on time small grain is planted in the fa11. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Sermudagrass should be grazed or mowed to a height of about two inches before drilling .for best results. Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur in livestock. Sampling forage or hay for nitrate levels is recommended. Acres shown in the tables are considered to be the usable acres excluding required buffers , filter strips along ditches, odd areas unable to be irrigated, a'nd perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the field listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provision for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to .prevent over application of nutrients or other elements. Your production facility will produce approximately 2160 lbs.. of plant available nitrogen per year in the sludge. if you remove sludge every 5 years, you will have approximately 10800 lbs. of PAN to utilize. assuming you appl this PAN to hybrid bermudagrass hayland at the rate of 300 l s. of nitrogen per acre, you will need 36 acres of land. If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre, you will need 86 acres of land. Please be aware that theseare only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge,waste analysis, soil types, realistic yields, and application methods. IROOO ssoanoseg uvmnH 66TC M OTO YV3 W71 NOR 00/6Z/TO Page S APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in tables. Failure to apply the recommended rates and amounts of nitrogen shown in the table may make this plan invalid. The following table is provided as a guide'for establishing application rates and amounts. Tract Field Soil No. No. Type Crop p•••—•.•.•••• �ex�a�ss Qaaaaa aesserarsQc�rlsa Applic Rate (in/hr) Applic Amount (inches) This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days. of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instances should the volume of the waste be stored in your structure be within the 25 year 24:hour storm storage or 600 [in sao.inosag duumg 061C COZ OTB Yd3 9t:TT MON 00/VZ/T0 Page 6 one foot of freeboard. except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated roperly to a ply the correct rates to the acres shown in the tabes. Failure o apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. s NARRATIVE OF OPERATION 0102 sooinosoU usmnH z' 66TC COE OT6 YU 0:1T NOH 00/tUTO Page 7 WASTE UTILIZATION PLAN AGREEMENT mseammmmmamrmxmx=�--aa;r��s� �---- Name of Farm: PORK PLUS owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance Procedures established in the approved animal waste utilization plan for the'farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to the surface waters of the state from a storm Event less severe than the 25 -year, 24- hour storm. The approved plan will be filed on-site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: F.J. FAISON (Please print) Name of Managei-ap different' from owner): Signature: Date: Name of Person Preparing Plan: Howard Hobson (Please print:) Affiliation: Carroll's Foods, Inc. Phone: 910-293-3434 Address: P O Drawer 856 Warsaw, NC 28398 Signature: _Date: -1191 TTO [Z 980anose)] uemnH BBTC CBZ OTB Yd3 Lb:TT NOW 00/bZ/10 Page 8 EXHIBIT A-6 NRCS, NC JUNE, 1996 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application{ or direct discharge during operation of land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder.that the producer either owns or has a notarized agreement for use of adequate land on which to properly apply the waste. If the producer does not .own adequate land to properly dispose of waste, he/she shall provide a copy of a notarized agreement with a landowner who is within a reasonable proximity, allowing him/her ',the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate -conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. Actual yields may be used in lieu of realistic yield tables at the aiscretation of the planner. 4. Animal waste shall be applied on land eroding less than 3 tons per acre per year. Waste may be applied to land that is eroding at more than 5 tons but less than to tons per acre per year providing grass filter strips are installed where runoff leaves -the field. (See FOTG Standard 393 -Filter Strips) S. Odors can be reduced by injecting the waste of disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated an conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (see 'weather and Climate -in North Carolina') for guidance.) 7. Liquid waste shall be applied at rates not.to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste should applied to saturated soils, during rainfall events, or when the surface is frozen., 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high otential for leaching. Waste nutrient loading rates on these sous should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop or forages breaking dormancy. ZT01n seoanoseS uumnH 66TC CBZ OTS M Lb:TT NOR 00/bZ/TO k Page 9 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or. after 10/1/95, shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial, pro- vided adequate vegetative filter strips are present (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet from wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. la. Animals waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over spraying. Animal waste may be applied to prior converted'eropland provided it has been approved as a land applications site by a "technical specialist". Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from,washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation -will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shll be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is terminated, the owner is responsible for obtaining and implementing a "closure plane which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns,_leaks, and spalls. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no Further applications of animal waste during the crop season. 21. Highly visible permanent markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to'maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Soil tests shall be made every two years and a liquid waste analysis be taken at least twice each year consistent with waste utilization plan. Poultry litter shall be tested prior to application. Soil and waste analysis records shall be kept for give years. 23. Dead animals will be disposed of -in a manner that meets North Carolina regulations. CTO [Z sao.inoseH uemnH 66TC COZ OT6 IVA 86:TT HON 00/bt/TO Po" k PI, Plan Amendment to Include S&WCC Chronic Rainfall Practices and Standards through Misch 31, 2000 1. If this facility can comply with its existing permit and CAWMP it must do so. 2. Temporary Addition of New Sprayfields (•) (Check appropriate boxes.) 1] A. acres of cropland. List crop types used: a B. acres of hardwood woodland @ 100 lbs PAN / acre'added. Q C. acres of pine woodland added @ 60 lbs PAN / acre added. 3. Summer Perennial Grass (Check appropriate box.) p A. Application window extended for acres of perennial grass until first killing frost 64. An additional 50 lbs of PAN applied to /a. ? acres of perennial grass prior to killing frost. 4. PAN Application Increased for Small Grains & Winter Grasses to be harvested. (Check appropriate box.) PAN application increased up to 200 lbs per acre f —.J-- acres of small grains or winter grasses to be harvested. ". PAN application increased up to 150 IN per acre fbrLZ,1L acres of overseeded summer perennial included in 3. B. 5. waste Analysis (Check approprWe box.) C1 A. Prior to December le, 1999 the calculation of PAN will be based on a 35% reduction of the Inst analysis taken prior to the first 25 year 24 boor storm event. (Current waste analysis must be used after Dec.111 .} 0 B. Use current waste analysis to determine PAN. , 6. Reg u irtd - Maximuia Nitrogen Utilization Measures for Small Grains and Winter Grasses. A. Use of higher seeding rates, B. Timely harvest of forage to increase yield, and C. Irrigating during periods of warmer weather. 7. Required - Irrigation Mauagement Techniques to Reduce Runoff and Ponding Potential. A. Making frequent; Ilght irrigation applications, and B. Not irrigating immediataly before predicted rainfall. 8. The owner 1 manager is required to manage the movement of animals to and Bram the facility to minimize enviro=ctiml impacts, ensue compliance with the facility's permit and amended CAWMP, and avoid discharge to surface waters. 9. Authorization to use the additional practices included in this amendment expires if a facility discharges to surface waters. Any diwbarge is a violation and may result in an enforcement action. I0. The owner / operator is required to keep records of all waste applications. 11. This revision must include a map or sketch of new land application areas. Facility Number x F it}L wner / M ger i+ia c (PRS.N'l`) X / v r F ill er / Manager atun r �– h'rKS, ,,!! Facility Name 1AA,1.e p /-. %AaBSoK Technical Specialist Name (PREM Technical Specialist Signature +Date This document must be filed at the SWCD office and be' attached to the facilities CAWMP and be available for inspection at the facility.. N New temporary sprayfields must meet applicable buffer and setback requirements. Waste must not be applied to wetlands. 11/10/1999 VTOe saosnosag Uumng e6T4 Cog OTO YV3 Rt:TT NOR 00/tVTO Form RR -2 REPORT DATE: FARM # l Field # Fields Size (acres) = (A) FARM OWHIER: Owners Address Owners Phone # Lagoon Irrigation Fields Report 1/19/2000 One Form for Each Field per Crop Cycle 4.D INWIon Operator O Box 856 Irrigation Operators rersaw NC 28398 Address 10)-293,1434 Operstdds Phone# Frain Waste l.ilil¢atian Plan CDBMPLEX: Crop Tape BERMfRYE1001 Recommended PAN loading Okfacre) = (B) 372 F 280/112 (1) (2) (3) (4) (5) (6) (7) (e) (9) (10) 11) Fits) Cm 11) Double Crap Dame Start End Total 4 of Spriniders Flow Rate Total Votume Vahmre Waste Analysis PAN Applied mmlddlyr Time Time Miniules Operating per Acre PAN Nitrogen Balance (lbslacre) Nitrogen Balance (Ilrslacm) (gatlmtn) (gallons) (Wwe) abs/1000 gal) (1bstacre) 3 (6 SX4) 71(A) See 9Below (SAS)I1000 Before 10/01119991Alter 'See 11) Below 10/01/1989 'See 11 Beinw 3118199 0 4 240 1 225 54,000 12,857 4.40 56.6 + 203 + 112 4115199 :50 54 240 1 225 54.000 12,857 4.40 56.6 s + 147- + 112 5112199 95 98 120 1 225 27,000 6,429 4.40 28.3 + 119 + 112 712009 5869 5673 240 1 330 79,200 18,857 4.40 83.0 + 36 + 112 9147199 2517 2523 360 1 205 73,800 17,571 1.40 24.6 + 11 + 112 9120189 2516 2529 180 1 330 59,400 14,143 1.40 19.8 -0 + 112 9121199 2529 2530 60 1 330 19,800 4,714 1.40 6.6 -15 + 112 9122oaq 2533 2534 60 1 330 19,800 4,714 1.40 6.6 -22 + 112 9+2399 2538 2540 120 1 330 39,600 9,429 1.40 13.2 -35 + 112 9121119.9 2548 2551 180 1 205 36,900 8,766 1.40 123 -48 + 112 1017199 2558 2561 180 1 205 36,900 8,788 1.40 1 123 46 + 112 10259 2570 2573 l80 1 205 36,800 8,786 1.40 12.3 -48 + 100 1013199 2578 2592 240 1 205 49,200 11,714 1.40 16-4 -48 + B3 1015788 2592 2595 180 1 205 36,900 8,788 1.40 12-3 -48 + 71 1016W 2555 2598 180 1 205 36,900 8,786 1.40 123 -4 + 59 :11/8'x9 511 514 180 1 330 59,400 14,143 1.40 19.8 48 + 39 `12/8!98 we 541 300 1 205 61,500 14,643 1.40 20.5 48 + 18 (9) MCRA Wasle Analysis or Equivalent or NRCS EsUrnalD. Techrdcal Guide Section 633 (11)En ar tate value mcleved by subtractiM column (10) from (B). Contbwe subtracting column (10) farm column (11) following each irrigation even!. 1of2 Ownert Sowure Certified Operator (Print) Operators Slgnalure Form IRR -2 REPORT DATE: FARM 0 1 Field 4 Fleids Stye (acres) = (A) FARM OWNER= Owners Address Owners Phone 9 Lagoon Irrigation Fields Report 1/1 912GOO One Form for Each Field per Crop Cycle Pork Plus 2-E 4.20 �' m �, Irrigation Operator NIA O Bax 858 RrlgaSon Operatoes 'arsavi I NC VB398 Address 10}293-3434 OpeTaws Phone ill From Waste WfGzaSon Plan — HOURS l9Ti0 PUMP — - orsQal sireald be Ickes when osvra IN,-stimsls as Il approaches ravel Tits Is an esftaft od loans such as chenpes in epplicahm rates (pm) and podoaeoss Inrayo® analysis (mpscislly dvrhg winter amoths) maycenselllobe lummWll Fallon lonlaMforsuchchangaucmam--ae.ersppecAnnsl -(9) NCDA Waste Analysis or Equtvalanl or N RCS Estimate, Technical Guide Section 633 (11)EKer the value recfeMad by subtracting calunn (10) from (B). Cordinue subtracting column (10) form column (11) following each krigalian event. 2of2 Owners Slgnatlge Certified Opeiator (Print) Operators Signature BERMIRYE1001 Reoo»roended PAN 372 2601112 Crop Type iaading (msfacre (1) (3) (4) (5) 6) (7) (8) (10) (11) First Crap 11) Double Crop Date Star! End Total 0 of Sprtnlders Flow Rala Total Volume Volume Waste Analysis PAN Appled MImCen Babnce l0rogen Balance mntlddi T Time Time Minutes Operalfng per Acre PAN (ibslacre) (Ibstacre) (galhnfn) (gallons) (gallacre) (lbs11000 gal) (lbslacre) Befare 10101/1999 After 10/01/1999 B 4 71(A) See 9 Below8 10Io *See 11 BeWw 'See 11 Below 114100 569 573 240 1 225 54,000 12,857 1.40 18.0 -48 + O HOURS LIEN To PUMP0 ON EMPRE FIELD US!Va 1HE C Before 1010111999 835,200 CROP CYCLE TOTALS 43 NLgRIDP NEED ) WnRIENT EXCESS 1010111999 CURRENT SAMPLEANALYSIS 0.9 After — HOURS l9Ti0 PUMP — - orsQal sireald be Ickes when osvra IN,-stimsls as Il approaches ravel Tits Is an esftaft od loans such as chenpes in epplicahm rates (pm) and podoaeoss Inrayo® analysis (mpscislly dvrhg winter amoths) maycenselllobe lummWll Fallon lonlaMforsuchchangaucmam--ae.ersppecAnnsl -(9) NCDA Waste Analysis or Equtvalanl or N RCS Estimate, Technical Guide Section 633 (11)EKer the value recfeMad by subtracting calunn (10) from (B). Cordinue subtracting column (10) form column (11) following each krigalian event. 2of2 Owners Slgnatlge Certified Opeiator (Print) Operators Signature Form RR -2 REPORT DATE: 1/19/2004 FARM N 1 Field 0 Pork Fields Size (acres) = (A) FARM OWNER: Owner's Address P O Box 856 Owners Phone 9 Lagoon Irrigation Fields Report One Form for Each Field per Crop Cycle 8.60 tnlgetion Operalor Irrigation Operaloes NC 28346 Address Oneralors Phone N From Waste Wroglon Plan COMPLEX: 11 Crop Type BERMIRYE1001 Reoommended PAN lnading (lbstacre) = B 372 2601112 (1) (2) (3) (4) (5) (6) (7) (8) (9) 10) (11) Fust Crop J11) Double Cr Date Stan End Tatd fl of Sprinklers Flow Rate Total Volume Volume Waste Analysis PAN Applied mm/ddV Time Thee Minutes Operating per Acre PAN Nitrogen Balance (bstacle) Narogen Batmoe, (IbGMCM) (gallmin) (gallons) (gallacre) Qbs/1000gal) (lbsfasre) 3 (6) 71(A) See 9 Below 000 Before 10/01/1999 'See (I S) Below After 10101H998 `See (I I) Below 342/99 2443 2448 300 1 225 67,500 7,849 4.40 34.5 + 225 + 112 4114/99 46. 49 180 1 225 40,500. 4,709 4.40 20.7 + 205 + 112 411599 49 50 60 1 225 13,500 1,570 4.40 1x9 + 196 + 112 5111199 89 96 420 1 225 94,500 10,988 4.40 48.3 + 149 } 112 7119199 5862 5669 420 1 330 138,600 18,116 4.40 70.9 + 79 + 112 9117199 2523 2524 60 1 205 12,300 1,430 1.40 2.0 4 77 + 112 9120/99 2524 2526 12D 1 330 39,600 4,605 1.40 6.4 + 70 + 112 9/22199 2530 2533 180 1 330 59,400 6,907 1.40 9.7 + 60 + 112 9r23/39 2534 2538 240 1 330 79,200 8,209 1.40 12.9 + 46 + 112 =4199 2544 2548 240 1 330 79,200 9,209 1.40 12.9 + 35 + 112 91.669 2551 2355 240 1 205 49,200 5,721 1.40 8.0 + 27 + 112 9/29099 255+5 2568 180 1 205 36,900 4,291 1.40 6.0 + 21 + 112 9130/89 2663 255 120 1 205 24,600 2,860 1.40 4.0 + + 112 1011/99 2565 2568 180 1 206 36,900 4,291 1.40 6.0 + d17 112 IIOM 9 2573 2578 300 1 205 61,500 7,151 1.40 10.0 + 102 10/4199 2586 2589 180 1 205 38,900 4,291 1.40 5.0 + 17 + 96 10(5/99 2589 2592 180 1 205 36,900 4,291 1.40 6.0 + 17 + 9D (9) NCDA Waste Analysis or Egdvaient or MRCS Estimate, Technical Guide Section 633 (11)Enter the value racieved by subtracting oak= (10) from (B). Continue 'subtracting column (10) farm colunm (11) foQavft each irrigartlon everd. I of 2 Owners Signatue Certified Operator (Pnrttl Operator's Signature Form IRR -2 Lagoon Irrigation Fields Report REPORT DATE 111912000 One Form for Each Field per Crop Cycle FARM 8 1 Fide A Pork Plus I 2-F Fields Size (acres) = (A) 8-80 FARM OWNER: '_ IrrWon Operator Ova Address O Boz 856 Irrigation Operators Owner's Phone 9 RIC Imm Address Operators Phone 0 From Waste lftk:gbn Plan Cooly: Crop Type BERWRYE 1001 Recommended PAN Loading 1s/acre = 372 280/112 (1) (2 (3) (4) 5) (6) (7) (8) (9) (10) (11) FlrA Crop 11) Double Crop Date mm/ddryr Stert Time End Time Total Minutes 0 of Sprinklers Operating Ftaw Rate Total Volume Volume per Acre Waste Analysts PAN PAN Applied Nlhrdgen Balance owacre) Nitrogen Babnoe (iba/acfe) 3 (gallm(n) (gallons) 4 (gallacre) 7/(A) (lbsfIlMogal) See Below (!}share) (8)x(9j11000 Before 10(01/1999 `Sae 1t Below After 1010111999 "See 11 9eb7w 10111199 2W5 2607 120 1 330 39,600 4,805 1.40 6.4 + 17 + 84 1111199 503 _507 240 1 330 79,200 9,209 1.40 -12.8 + 17 + 71 1115499 507 511 240 1 330 79,200 9,209 1.40 12.9 + 17 + 58 17!9199 541 544 180 1 205 36,900 4,291 1.40 6.0 + 17 + 52 113100 566 566 120 1 225 27,000 3,140 1.40 4.4 + 17 + 47 HOURS LEfTTOPUMP ort EMTWE Ram USING We cURwasmmxAwALvm 7.6 Before After 10101/1999 10/0111999 CROP CYCLE TOTALS 314 +)durRrEWTAEED tfuvaET EXCESS 21.5 — HOURS L6T M PUMP -- etotrn IisinG sits e:bmete as It aaprowhes zaral Tta is an estbq2ta wW %clan such as clnnaes In zppUmman rales (gprn) sad Rucambans in tapoon embywh (aapedaily du&V wlat w moaQts) may cat35e it to ba Iaeamdl fathm to allaw for suet obanges can euuae mer appiicationsl (9) NCDA Waste Analysis or Equivalent or NRCS Esfimate, Technical Glade Se_ clton 833 Owners Signature (I 1)Enter the value recleved by subtracting column (10) from (B). Continue Certified Operator (Print) subtracting column (10) form column (11) tollvMng each irrigation event. Operators Signature 2of2 Form IRR -2 REPORT DATE: 1119/2000 FARM 0 1 Field A — Park Fields Size (acres) = (A) 320 FARM OWN E R_ (1) (2) Owneta Address (4) O Bap( 859 (6) Owner's Phone if (a) arsaw 1!9101-290-34 Lagoon ItTrigation Fields Report One Form for Each Field per Crop Cycle 3.70 irrigation Operator trrigation Operaloes NC 8398 Address Oaeralors Phone #r From Waste Utlll Alen Plan Crop Type L-- MILLET/RYE — Recommended PAN Loi belacre)=) 320 1701150 (1) (2) 3) (4) 5) (6) (a) (9) (10) (11) FUsl Crop (11) Double Crop Dale mm/ddlyr Start Thee End Time Total Mlndes g of Sprinklers Operating Flow Rate Total Volume Volume per Acre Waste Anafpls PAN PAN Applied Nllrngen Balance (Ibalacre) Ndrogen BaLmoe (Ibs/acre) 2 (gallmin) (ga lons) ( ( (ge1/acre) 7/(A) (lbs/1000 gall See (9) Below (lbsh=e) 8 1000 Before 10MI1999 'See (11) Below After 10/01/1999 'See (11) Below asm 5707 5710 180 1 330 59,400 16,064 2.90 48.6 + 123 + 150 9!13!99 2505 2508 60 1 205 12,300 3,324 2.90 9.6 + 114 + 150 12/3199 533 536 184 4 275 40,50010,945 1.40 15.3 } 114 + 135 414100 1 569 571 120 1 330 39,600 10,703 1,40 15.0 + 114 + 120 Hoims LE" PUMP ON ENTIRE FIELD uaula THE alaRmy sAwLEmALYsts 18.2 1 16.0 Before After 1=111999151,80 CROP CYCLE TOTALS 87 1 NUTRIENTai=m 1 MESS UW11f999 — HOIAN- [Ei rso PUMP — • pLn BOG UnS W" and 0u=nH0n1 Ln bin a"Is (-p--W dwh19 Ykd- pcG:*A M" uvse d In be h&=xxR Falba tD elrowror sash changes un rause over apowfiansi -('9) NCAA Waste Analysts or Equhadent or NRCS Es hide, Technical Guide Section 633 Ownees Signature (11)Enter the value reck ved by subtmcthg column (10) Irom_(B). Continue Certified Operator (Print) subtracting oolumn (10) form column (11) folloWng each irrigation event. Operator's Signature Form IRR -2 REPORT DATE: FARM A 1 Fleld 0 Fields Slim (aces) _ (/ FARM OWNER: Owners Address Owner's Phone 9 Lagoon kdgatlon Fields Report 1/19/2000 One Form for Each Feld per Crop Cycle Pork Plus 6-B 6.50 Irrlgatior► Operator P O Bot 956 Irrigation Operators NC 28398 Address (91 Oj-293-3434 operator's Phone O Froin Waste UWtzMlon Pian COOMPLEX: Crop Type MILLET/RYE Retornmended PAN Loadtng (Ibstacre) = B) F 320 1701150 I (t) (2) ) (4) (5) 6) (7) (6) (9) (10) (11) First Crop(11) Double crop Date mrnlddlyr Start Tune End Time 7atal Minutes 0 of Sprinklers Opereling Flovr Rats Total Votume Volume per Acre Waste Analysis PAN PAN Applied Nitrogen Balance (lbaftme) Nitrogen Balance (mslacre) ){2) (gallmin) (gallons) 4 (gallacre) 71(A) (Iba/1000 gal) see 9 Bellow (lbslacre) (8)x(9y1000 Before 10/0111996 'See 11) Bebw Aper 10101/1999 "See 11) Below 6/4199 562t 5616 300 1 330 99,000 15.231 4.40 67.0 + 103 + 150 6114999 5637 5640. 18o 1 -330 59,400 9,138 4.40 40-2 + 63 + 150,,x; - 6114139 5840 5843 180 1 330 59,400 9,138 4.40 40.2 + 23 + 150 111121'99 517 521 240 1 715 54,000 8,308 1.40 11.6 + .23 + 138 11116M 522 523 60 1 225 13,500 2,077 1.40 2-9 + 23 + 135 11117!39 523 525 180 1 225 40,500 6,231 1.40 8.7 + 23 + 127 12099 544 547 180 1 205 36.900 5,677 1.40 7.9 + 23+LI 19 114100 573 575 120 1 225 27,010 4,154 1.40 5.8 + 23 +13 NOMAS UEFT TO PUMP ON EMM �nUSM tree cUMENTSAMPLEANALYSts 7.8 1 38.9 Before After 1auti1ns99 '- 10MV1999 389, CROP CYCLE TOTALS 1 (+) NUnitENTW-ED 0 ti IMIEW EXCESS — koDURS LEFT TO PUMP — .caubc n should be taxa- when usrntp this uArnsra a- It approachea zeros Raw Is an eswaate and factors such as changes Pe apyWWWA rafts (ppm) and rraoluaaons in bpoa analysis (espedshydudug WhOU moglhsj may,cma into be inconeal Fakure W Plow WE such chaagas ran cause war applirathrM (9) NCOA Waste Afr*k% or Equhralent or NRCS Estimate, Technical Guide Sedon 633 Owner's Signature (11)Enhr tile valve red uved by subtracling column (10) from (B). Contlnue Certified Operator (Print) subtraatlrtg column (t0) form column (11) following each irrigaBon event. Operator's Signature 1 of 1 Form IRR -2 REPORT DATE: FARM O 1 FWd N Relds Slee (acres) = (A) FARM OWNER: Owner's Address Odrnet'c Phone 8 Lagoon Irrigation Fields Report 1/19/2000 One Form for Each Field per Crop Cycle 0)-293-3434 Irrigation Operator irrigation Operator's Address Operator's Phone 0 How Waste Utilization Plan COOMPLEX: Crop TYPe MILLET/RYE Reocmmended PAN Loading acre) = l3) 320 170/150 (1) ) (4) 5) (6) (7) (8) 9 (10) (11) First Crop (I I ) Double Crop Date mmoddlyr Start Tinne End Ttrne Total Vrnutes 0 of Spdnlders Operating Flow Rate Total Volume Voturne per Aefe Waste Analysts PAN PAN Applied Nitrogen Balance (LeJacre) NllroWn Balance (lbslacre) (3)(2) (gaUndn) (gallons) (6)X(S)x(4) (gaLacre) 7J A) (Ibs11D00gal) See (9) Below pbs/acre) (8)x(gy10DD Before 10!01/1999 'See 11) Below After 10/0111999 *See 11) Below 80M 5710 5712 120 1 330 39,600 18,857 2.90 54.7 + 115 + 15D 8124M 5725. 5727. 120 1 330 39,600 18,857 2.80 54.7 ; 61 + 156 8115!99 5727 5728 60 1 330 19,800 9,429 290 27.3 + 33 + 150 12!2199 530 533 180 1 225 40,500 19,286 1.40 27.0 + 33 + 123 1/4'o 571 572 60 1 330 19,000 9,429 1.40 13.2 + 33 + 110 HOURS LEFt?O PUMP D uSWQ E on WIREFm111 cuaRwr sAmPLE Amit -f rs 2.E 8.3 Before Atter 1010111989 10!01 N 9S9 1 300 CROP CYCLE TOTALS 177 'F) NUMENT NEED MMIENT } � — HOURS EEF [ to PUMP —'- eantloa should bs Moen weten usm6Ith astur -1 Q d ap4vosrnrs serol This is of esumatmand tamers woch as churyss in aPpUmaton rales {gprn) and nree4vtiau +n lagoon a�sTy�e i IIY dmiaa warder rnoalh�} may Cama Ir b balacorrecll Fallum b allow far sack c6anat can cause ager sppaea@oasl (9) NCDA Waste Analysis or Equivalent or MRCS Esfimate, Technical Guide Section 633 (I I)Erde: the vadle recleved by Subtracting coW= (70) from (8). Continue subtracting column (10) fovea column (11) following each Irrigation event. 1of1 O%vnees Signature Cer611ed Operator (Print) Operator's Signature Form RR -2 Lagoon Irrigation Fields Report REPORT DATE: 111912000 One Form for Each Field per Crop Cycle FARM 4 1 Field Flolds Stm (acres) _ (A) FARM CWHER: Owner's Address Owner's Phone €! Pork Plus I 6-0 7,20 Irrlgaf+a„ Operator O Box 858 raigatiun Operatefs amsaw I HC 398 Address Operators Picone N From Waste Udbalion Plan COMPLEX: 11 1 Crop Type F MILLETIRYE Reuvnmended PAN I Loading (ItleJaue = 320 170/150 (1) (2) (3) (4) 5) (6) (7) (8) (9) (10) (11) First Crop (11) Double Crop Date mm/d111yr Start Time End Time Total piumes O of Sprinidem Operating Flow Rate Total Volume Vchne per Acre Waste Analtpis PAN PAN Applied Nitrogen Satiance (lbslacre) N Itrogen Balance Qbstacre) (3)-(2) (gaftin) (paws) (8)x(5 4) (gallacre) 7/(A) (ibs11000 gal) See (9) Below (IDslacre) (8) 9 It000 Before 10/01/1999 •See (11) Below After 10/01/1990 'See 11 Below 617199 5626 5691 300 1 330 99,000 13,750 4.417 80.5 + 109 + 150 6099 _5631 5637 - - _ 360 1 330 118,8(10- 16,500 4.40 72.8 - + 37 + 150 8/24199 5723 5725 120 1 330 39,600 5,500 2.90, 16.0 + 21 + 150 11111!99 514 516 120 1 225 27,000 3,750 1.40 5.3 + 21 + 145 11/12199 516 517 60 1 725 13,500 1,873 1.40 2.6 + 21 + 142 11119199 526 529 180 1 225 40,500 5,615 1.40 7.9 + 21 + 134 12f10199 547 551 240 1 205 49,200 6,833 1.40 9.6 + 21 + 125 113100 563 568 180 1 225 40,SM 5,625 1.40 7.9 + 21 + 117 KGVURsLEFr 70FuW BNTIREMM USMO THE CURRENT SAY&LE ANALYSLS 8.o 44.6 Before After 1 Olflv1s99 , o(1 CROP CYCLE TOTALS 182 •) I NEEDX:h '14 IM M34T EXCESS 10101/1999 /« HOURS LEA ZU FUWP— • msA, —it a-, I es Leml This Is an esXbna% and hobs suds as chappas In aCprreean n, W (9M) aM ftactralbas b i kgvan Boa% (sapscaalrr daring winres mar-7isj msy eayse Il Xv ba hcamadl Fallow to atkm fa+ such daM4;% mn came cvw appftsWasl (9) NCDA Waste Anat)rsls or Equivalent or NRCS Estlnrate, Technical Guide Section 633 (11)Enterthe valm recieved by subbacttng column (10) from (B). Contlnue subtracting column 410) form column (11) following each irrigation event. I of 1 Owner's Stgnalure Certified Operator (Prtrd) Operator's Signaiture Form IRR -2 Lagoon Irrigation Fields Report REPORT DATE: 11191MO One Form for Each Field per Crop Cycle FARM N I Field Pork Plus I 6-E Fields Size (acres) = (A) 10.10 FARM OWNER: IrWion Operator OwnePs Address IP O Box 955 Irrigation Operator's Wansaw NC 9398 Address Owner's Phone 9 1(91 D)-2933034 Operators Phone 0 Fram WasteUff2ation Plan COUVLEx: Crap Type MILLET/RYE L- Recommended PAN I Loading (lbalacra) = ( F- 320 170/150 (1) (2) (3) (4) (5) (6) (9) (9) (10) (11) First Cr (11) Double Crop Date Star! End Total # of SprmWers Flaw Rate Tolal Volme Volrme Waste Analysis PAN Appled mmiddlyr Time Tithe Minutes Operating per Acre PAN Nitrogen faience (Ibslaue) Nllrogen 341ance (thstacre) (WaUrrdn) (gations) Lgallacra) (Ibs1100Dgal) (lbslacae) (3)..(2) (B)x(S)X(4) TRA) See (9) Below (9)x(g)It 00D Before 10101!1999 'See 11 Below After 10101/1990 'Sea 11 Below 6!4199 5620 5821 6D 1 33D 19,800 1,960 4.40 0-6 + 161 F 150 F12"9 567 ; 5x91 I !-.:' 1 � wo 9q ^!- 0.8m � A AS , , 4:1.1 i + 11$ � 150 + 150 815199 5743 5707 _i 240 1 330 79,2x0 7,ba2 2.90 22.7 + 96 �- 9!23199 5719 5721 120 1 330 39.800 3,921 2.90 11.4 + 54 + 150 9124799 5721 5723 120 1 330 39,6DD 321 2.90 11.4 + 73 + 15D 13126199 577+9 5731 160 1 330 56,400 5,881 2.90 17.1 + 56 + 150 9!13199 2501 2505 240 1 205 49,200 4,871 2.90 14.1 + 42 + 150 9114199 1 3 120 1 2{76 24,600 2,436 2.90 7.1 + 35 + 150 11/12199 521 522 60 1 330 19,600 1,950 1.40 2.7 + 35 + 147 11116199 522 523 610 1 330 19,800 1,960 1.40 2.7 + 36 + 145 ti117P99 523 525 120 1 330 39,600 3,921 1.40 5.5 + 36 + 139 1279199 544 546 120 1 330 39,600 3.921 1.40 5.5 + 35 + 134 tldNOD 58T 569 120 1 330 39,600 3,92'1 1.40 5.5 + 35 + 128 Hams mr-T To P►lrrip7Z6 aM ITuwE1180uslNoYHE f:URRENT s WLE AMAtvsls Before After 107x1 iS 999 5 ,800 157 6-) NUTFaW NEED CROP CYCLE TOTALS E)NurROWEXCESS f 0/01/1999 48.7 '•' F=RB LM T4 PWV "'--Y1rIIM should be laird, When uslrq MIs es4nobs as N epparctm Zero! This Is so edlnrra and fw*m Bach as d -rages la vppM=V0n races (7prn) sad rImMa16ans fn lagan malf6i5 (gspeclak dtatW Nlyder mwos) tray pie it m Ee incDww0 Fsllure la epee for such changes can cause aver apptica6ocal (9) NC DA Waste Analysts or Equivalent or NRCS Estbnz!e, Technical Guide Section 633 (I I)Erier 1he value nac(aved by subtraeling column (1 D) horn (B). Continue subiracting column (10) form column (11) folloWng each Irrigation event. l of l Owner's Signature Certftd Operalar (Pdrd) Operators SlgnatuA Form MR -2 REPORT DATE: FARM 9 1 Field 0 Fields Size (acres) = (A) FARM OWNER: Owner's Address Owners Phone 8 Lagoon Irrigation Fields Report 1/1912000 One Form for Each Field per Crop Cycle i Park Pkls 6-F P 0 Box 856 Warsaw NC 8 Irriga m operator trrigation Operators Address 01)OW&S Phoneil From Waste Utilization Plan COOMPLEX: Crop Type MILLET/RYE Recammendcd PAN Loading (rDst=a) = 320 1701150 (1) ?) (3) (4) (5) (6) C71 8) (9) (10) (11) Darble Crop pats mrWddbg Steri Time End Time Total Males g of Sprinklers Operating Flour Rate Total Volume Volume perAcre Waste Analysis PAN PAN Applied 7FlislCmp NNitrogen Balance (Wacre) (3}(2) (getlmin) (galians) 5x(4) (gavame) 71JA) (lbsilma 04 See 9) Uow (Ibslacre) (8)x(9 1000 BeAfter 'See (t1) Below 1010111999 'See 11 Below 511199 5617 5620 180 1 330 59,400 6,187 • 4.40 27.2 + 143 + 150 7121199 5673 5676 180 1 330 59,490 6,187 4.40 27.2 + 116 + -.150 . 7127199 5681 5666 300 1 330 99,000 10,312 4.40 45.4 + 70 * t50 612199 5692 5597 300 1 330 9A,W0 10,312 2.90 29.9 + 40 + ISO 8123199 5713 5719 360 1 330 118,600 12,375 2.90 36.9 + 4 + 150 11111/99 514 515 60 1 330 19,600 2,062 1.40 2.9 + 4 + 147 11H9199 526 526 120 1 330 39,600 4.125 1.40 5.8 + 4 + 141 1219199 541 544 180 1 330 59,400 6.1137 1.40 8.7 + 4 + 133 1131013 563 565 120 1 330 39,600 4.125 1.40 5.6 + 4 + 127 KOM LE" To PUMP ON ENTRE FOLD USING THE CURRENT SAMPLE ANALYSIS 1.5 1 47.8 Befare After 10101/1999 IWO111999 ; 594,000 CROP CYCLE TOTALS 1 fH WMEMT� (j rUMErR acGCC "- HOURS LM TO RUMP — . Cieiloq eltOnld m taken, e , csinp Q ri eettlnafe - it sppmac6as semi This Is so esft and (ac m arch as de=gas im apeman n!n (ppc) end pn hwUans in lagoon ond*s (aspeoi�ly dwrag *WW amftl avy cause R m be hcoancg Faikna M anow fm eath chimers CM Cause ave appmmduw (9) NCOA Waste Analysis or EquMhnt or MRCS Estimate, Technical Guide Section 633 (I 1)Eri?er the value recieved by subtracting column (10) from (B). Cantlnue sublracting column (10) Form column (11) following each Irrlgatlon event. 1 of 1 Owners Signature Certified Operator (Print) Operators Signature State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Sonny Faison Pork Plus PO Box 856 Warsaw, North Carolina 28398 Dear Mr. Faison, R CEIOWM% � O OWN%MON61a MAR 2 4 2 EL FAYETTEVI CDENR REG. OFFICENoRTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 22, 2000 Subject: Certificate of Coverage No. AWS820025 Pork Plus Sampson County Per your communications with Jeffery Brown of the Division of Water Quality — Fayetteville Regional Office, the Pork Plus facility will need to be issued a new certificate of coverage for 3200 Feeder to Finish swine. In order for me to reissue the Certificate of Coverage, please submit a new Waste Utilization Plan for this facility for 3200 swine as well as an expected date that the facility will be operating at or below this population. It is my understanding that you requested confirmation that once the waste management system at this facility is retrofitted, you will be allowed to restock the facility to the registered population of 6000 Feeder to Finish swine. Please consider this letter as confirmation that you will be reissued a new Certificate of Coverage for 6000 swine once retrofits are complete and approved by the Division of Water Quality. If you have any questions or comments please do not hesitate to contact me at 919-733-5083 extension 502 or Jeffery Brown at 910-486-1541. S' ely, Sue Homewood Non -Discharge Permitting Cc: Howard Hobson, Carroll's Partnership Realty Permit File AWS820025 Jeffery Brown, Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919=715-6048 An Equal Opportunity Affirmative Action Employer 509b recycled/10% post -consumer paper Q Routine O Complaint Q Follow-up of-DWQ inspection Q Follow-uof DSWC review ® Other Facility Number Date of Inspection r: �c+ Time of Inspection 24 hr. (hh:mm) 0 Permitted [3 Certified 0 Conditionally Certified 0 Registered JEJ Not O crational Date Last Operated: Farm Name: .............dC......�-i County -✓................... ....................... ................................................................ Owner Name: �? )Phone No: �9� ............ ...............r. Y....,...................4f.Y....:....................... Facility Contact: .... � ..... . Title: ................... .................................. Phone No: ................................................... .klailing Address: ................ ..... /?!..C....... Zd` ................................ f.... yr.... Onsite Representative:.......................................................................................... Integrator:..... ........................ .. o✓•. y�. � .. Certified Operator: ................................................... ......................................................... Operator Certification Number:................ Location ofFarm: A ......... ...... ......... ..... Latitude Imo•=' 0« Longitude =0=' =11 Design ICurreht Design Current` Des��n ;Cetrrent Swine Ca '° A las., uctt _;'Po ulation . , poultry. Ga act . Po ulahon Cattle > ;: `Ca act __;P:q ulation ❑ Wean to Feeder ❑ Layer ` ❑ Dairy Feeder to Finish 4 rort> Non -Layer ❑ Non -Dairy ❑ Farrow to Wean C] Farrow to Feeder ❑ Other �� 1 x=''. ,�+! r� t a,+F ❑ Farrow to Finish 6 ] '` t ?Total Design CapacityrGilts ❑ Boars j } t Total SSLW+1,' NutnberE�of l.a' ns, i ❑ Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area ily S Y .. ... Liquid Waste Management aif qa Holding Ponds / 5oltd Tr4ps `` 1 ❑ No Li stem �lA,t `,'ement I � ;L i .fig y 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 {low 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 ? Structure 3 Structure 4 Structure 5 Identifier: / j i. Freeboard (inches): ................................... .......... 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, seepage, etc.) 3/23/99 ❑ Yes '® No []Yes 9 No ❑ Yes '��No ❑ Yes RNo ❑ Yes &'No ❑ Yes allo ['Yes ❑ No Structure 6 ......................... ❑ Yes 'E No Continued on back Facility Number Z zs` Date of Inspection 3 / eo t Time of Inspection F9 24 hr. (hh:mm) ® Permitted Certified Q Conditionally Certified © Registered JQ Not O erational Date Last Operated: Farm Name: J P4.4....�! . ! .........I............ County.......... x%'e yam, lit`J........................................ Owner Name:.....,.✓..y..,,,,,�/,.-�,,,,,,�' / hone No. 5.-o./ f �*°.................. / FacilityContact: .......................... Title: ............................................................... . Phone No:.......................................,.........,. NlailingAddress : ............. ........... ...... ......r .....f ffl�.!—ArJ. .................................................................... ..............,........... r Onsite Representative. .............. ............ ..... Integrator: ........................................... CertifiedOperator:................................................................................................................ Operator Certification Number:.......................................... Location of Farm: .......................... ........ ............. ......................................................................................................................... .............................................................................. .............. I ...... ♦J ..... I Latitude • �� �_+ Longitude �• �' �'� Design -` ;Current` .'Design{.' + Cui•irent ' � ;Des�gn�ar, Curreeit Swine Ca'`act I'o elation Poultry Ca Po Cattle -.t Ca : aci ulateon ,, ace "'Pi elation .._.. ... ❑ Wean to Feeder ❑ Layer ❑ Dairy Feeder to Finish Dt9G 6d ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean;h ; ❑ Farrow to Feeder 40 Other C3 Farrow to Finish =Total:Des1 Ca RCtt k ❑ Gilts a El Boars - 'i _; Y TOta15SLW :., Numberbf Lagoons1 / ;I ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Nnldmg Pontis / Solid�Tritps t k^ '' ❑ No Liquid Waste Management System t : 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 -Heade'? h. If discharge is observed, did it reach Water of the State'? (lf'yes, notify DWQ) c. If discharge is observed. what is the estimated flow in gal/ruin? 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 1 Structure 2 Structure 3 Structure a Structure 5 kYes ❑ No ❑ Yes X No ❑ Yes 0 No Cr) []Yes 'g No KYes []No ❑ Yes ❑ No ' XYes [:]No Structure 6 Idcntil ler: Ile Freeboard (inches):.........../Z....................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes M No seepage, etc.) 3/23/99 Continued on back Facility Number: :FZ — 2.5_ Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Arinlication ❑ Yes EKNo ❑ Yes 1�3 No ❑ Yes Callo CR Yes ❑ No 10. Are there any buffers that need maintenance/improvement? Yes ❑ No 11. Is there evidence of over application? Excessive Ponding ❑ PAN ❑ Yes ❑ No 12. Crop type Wj�f 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes RNo 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 Reauired 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? (ic/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ic/ 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) N Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 91 Yes ❑ No 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 • ; i'�IO •VIOIa�itjrjS;OI' (��flClenC•lES •r�.re �1Qiet�• �1<l•r°FTI�; �hlS; V�51t! • :Y'o� ;wild •>t ee�ive �o' glr • ; • ctirres' otrideiice: abOU .this visit. ' ' ' ' ' ' ' ' '::i' ^'Vr ,rslr: N.N •. '7i•91 l..€ I1 a•.: I t q' .... d. �''9 i of -!N, '.. •.. •, :J H :..r,.ria . :..li=:Lti '.' 1:rfTl�i;r!1@I1.. i .r:.,1 t:',, Com'"ments!(referito!quest�on #): Expla>In anyiYES answers and/rtptlax ,]ir_h9' y N:a'aE,..+,rig. ::.ru L•. ;If 1ry l 9'i "1In>�iu l •Il#rb1 oanyrecommendattonk6rnyoerjcomme..tsYkl I) il... I F. ti�.'i.`•�t 1, .. ._ • •:. i•f., Ilr'.,.:3.1X>♦ .p:,tt U­�It., a -is :'e.iF: 1 I,..rE_. ..1� .fit lit'.1!ilr, "1 9'V i.. I•�. 1'. 'I�1 11 J..1}I 1 -I 4f"# I i { i3se J II. i:r l i• i drawings of fac�hty toFbetter explain situatJons. (use;addittonaLpages as necessary) �.nfiiirl€lyi;��z:=:'Si de T/ //KJ iMg 171i /(/ ! ��! 7/7^� !� / ` �" G/'/ A4�7 /✓ �/J���%a �9/ �� Q d CGc.fieirc/!/ <vi1L W�✓✓Y �d'"�•`�j'J Lr.6�f�FG�+f�� fi�^fX /� 'f�IC ��O'�/'%�S I Htly5I�I71-1� ilii Reviewer/Inspector Name h- 1,_ lyti ,1 til 6 t E' 1 �I€F Reviewer/Inspector II Reviewer/Inspector Signature: CIO 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, Bob Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Ditch - ID #00WE31464 0 3. 4. DATE RECD: 03/01/00 SAMPLED: 03/01/00 SAMPLED BY: B. Heath DELIVERED BY: B. Heath SAMPLE CODE: WW, Stream, Grab REFERENCE: Pork Plus DATA REVIEWED BY: DATE REPORTED: 03/06/00 ANALYSIS B0 HOD 1 2 3 4 COLIFORM, FECAL (per 100 ml) SM18 9222D 3600 COIbiTS: < = Less than > = Greater than �,,..CEIVED OR 9 - 2000 FAYETTEVILLE REE OFFICE PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the M E M B E R 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 -NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research N ' ■� P Mic robac Laboratories, Inc. FAY'ETTEVILLE DIVISION , NC #11 87.7 CA TL HAYNE STREET NC #37714 t Microbac FAYETT VALE, NC 28303 USDA #3787 (910) B64--1920 / (910) B64-8774 (FAX) http://www.microba'c.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER a AIR • WASTES • FOOD � PHARMACEUTICALS • NUTRACEUTICALS r. CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. Bob Heath t ACCOUNT NUMBER: #KN003 .`t .- - SAMPLE ID: 1� Ditch - ID #OOWE31464 2. 3. �. 4. DA'Z'E RECD: 03/01/00 SAMPLED: 03/01./00 SAMPLED BY: R. Heath DELIVERED BY: B. Heath SAMPLE. CODE: WW, Steam, Gra 'REFERENCT-F Pork Plus - DATA REVIEWED BY: DATE REPORTED: y/06/00 i rF•*#**^k**#'+F*Y#f,+kms+++*+i44+•L#�-k#4++++.M�•k#+#fir*•k++•4k,k•I4++++++#k 4•4 1•+I�h*•k#4++*+#++#•k*+***1M •k*+,M •k,**i ANALYSIS b=HOD 2 2 3 d COLIFORM, FE'CA1i {per 4100, ml) e SM18 9222D 3600 ! ter'' l ' �• -X cmi& �l'PS: <� m Less tht ►` � 7 = Greate th n -•-' •_ -I- -: !.. .�'--gid-, !I _. .1- - - " y REcavm MAR -9 - 2000 REGYEVI'LLE , OFFICE t i PAGE 1 OF 1 The data and other information contained on this, and other accompanying documents, represent only the M E M B E R 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 -NIOSH Testing Food sanitation Consulting Chemical and Microbiological Analyses and Research N.C. ATTORNEY GENERAL Fax:919-716-6767 filar 8 '00 10:17 ''r....A State of North Carolina uiCMAEL. F. EASL EY C?L QW r- g g iC411 01 J u5tiCl'. �i �'rr�wi<v uYtNERA h?c P. O, BOX 6310 U RALEIGH 27602.0629 Phone: Fax: TEL COPLE11 196,NSMIITAL SHEET TO:a FROM: DATE: NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET): CONFIRM RECEIPT OF DOCUMEN'I'(S) IF MARKED HERE: P. 01 7 �01 \ OT s( (919) 716-6600 41. (919) 716-6767 COMMENTS: -�.- ate•- � ��t-►-� `��. �cr� c�'S was fie 1k� d.b b4 Qom• '� WLII+ .lo u,aA AMD— fig - tea ,V td % c t�., , 4� SQ 3-9- oo I N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 8 '00 10:17 P.02 (5) Any discharge that bypasses a lagoob/storage pond resulting in a discharge into surface waters or that poses a serious threat to the environment. 10. The EMC has delegated to the Director of the Division of Water Quality ("DWQ") of DENR the authority to issue individual non -discharge permits and certificates of coverage under the animal waste management system general permit. N.C. Gen. Stat. § 143-215.3(a)(4); 15A NCAC 2H.0209. 11- Whenever DENR has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental laws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation," and, "the court shall grant the relief necessary to prevent or abate the violation or threatened violation." N.C. Gen, Stat. § 143-215.6C. 12. Under the common law of North Carolina, the Attorney General has the power and authority to file a civil action on behalf of the citizens of the State to abate a public nuisance affecting the public health, safety or welfare. Factual Allegations 13. Defendant owns and operates a feeder to finish swine operation, known as the Pork Plus farm, which is located in Sampson County south of the town of Turkey. The Pork Plus farm was permitted in July, 1998 for a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design volume of 766,512 cubic feet of animal waste and nearby spray fields onto which the animal waste stored in the lagoon is land -applied. 5 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 8 '00 1017 P.03 14. Defendant obtained a Certificate of Coverage under the General Permit for swine operations on July 2, 1998. A copy of the Certificate of Coverage is attached as Exhibit C. 15. On August 4, 1999, Jeffery Brown, an Environmental Engineer with the DWQ inspected the Pork Plus farm and observed violations of the law and the General Permit, including bare spots on portions of the lagoon dikes and that Plant Available Nitrogen ('TAN'S rates had been exceeded. As a result, a Notice of Violation was issued by DWQ on August 18, 1999. 16. On January 21, 2000, the lagoon freeboard was only 18 inches. Defendant's failure to maintain adequate freeboard was a violation of defendant's General Permit. 17. On January 31, 2000, defendant reported to the Fayetteville Regional Office of DWQ that there was only 15 inches of freeboard. Defendant's failure to maintain adequate freeboard was iation of defendant's General Permit. 1 Ot 8. On February 5, 2000, 3effery Brown, an Environmental Sie4zftwith DWQ, inspected the Pork Plus Farm and observed that the freeboard was still 15 inches. Defendant's failure to maintain .adequate freeboard was a violation of defendant's General Permit. 19. On February 10, 2000, Jeffery Brown again inspected the Pork Plus farm and observed the following violations of law and the General Permit: (1) the lagoon still had only 15 inches of freeboard instead of the 19 inches required by the Certified Animal Waste Management Plan and the General Permit; (2) wastewater flowed from one of the swine buildings through a surface water diversion ditch to a stream and water of the State below the lagoon; and (3) the discharge of wastewater was not reported as required by the law and defendant's General Permit. 20. Violations have continued into March, 2000. On March 1, 2000, Bob Heath with DWQ inspected the Pork Plus farm. The lagoon had only 13 inches of freeboard_ In addition, swine N N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 8 '00 10:18 P.04 wastewater was observed in a roadside drainage ditch. On March 2, Bob Heath reinspected the Pork Plus farm and observed the freeboard was only 11-12 inches. On March 6 Mr. Heath again observed the freeboard was 14 inches. Defendant's continued failure to maintain adequate freeboard is a violation of defendant"s General Permit. 21. Since March of 1999, when defendant was notified in writing by Jeffery Brown, DWQ Environmental Engineer, of the waste storage capacity issue at Pork Plus Farm, defendant has failed to rectify the problems at Pork Plus Farm. Defendant's own evaluation states that the Pork Plus waste lagoon at its current condition is sized for only 3600 swine. For nearly a year defendant has been advising DWQ personnel in the Fayetteville Regional Office of various options under consideration to rectify the situation. Scheduled start dates have been extended and subsequently missed. On information and belief, the swine population has not been reduced to 3600. The General Permit recently reissued to defendant reduced the number of swine permitted from 6000 to 3600??????? DUNE???????. 22. The inadequate freeboard level in the lagoon poses a serious threat of an unlawful discharge of swine waste and wastewater into the waters of the State. If the liquid waste in the lagoon remains near the twelve inch zone, the structural integrity of the wall may be overcome and a resulting breech of the wall would occur. If that were to occur, wastewater would flow into a stream below the lagoon and into the waters of the State. 23. On information and belief, swine remaining on defendant's .facility continue to produce waste that is being added to a lagoon that is undersized and already has inadequate freeboard. Making matters worse, although defendant recently provided the State, with a plan for bringing the lagoon into compliance with the law and regulations within 30 days from February 3, 7 N.C. ATTORNEY GENERAL Fax:919-716-676? Mar 8 '00 10:18 P.05 2000, e.g., by bringing the freeboard to the required level of 19 inches, that plan failed due to inadequate effort on defendant's part to increase freeboard to the minimum required by the certified animal waste management plan and the General Permit. To alleviate the threat posed by the unsafe condition of the defendant's swine waste lagoon, the flow of swine waste into the lagoon must be stopped. To do this, defendant must immediately remove all of the swine from its Pork Plus Farm as soon as possible. Afterward, the farm must remain depopulated of swine until either brought into compliance with the law and defendant's certified animal waste management plan and General Permit, or, in the alternative, the animal waste management system, including the lagoon, must be closed in an environmentally safe manner acceptable to the State and under the Court's supervision. 24. The continuing violations of State law at defendant's Pork Pius Farm is the result of mismanagement. Its certified animal waste management plan provided the basis upon which defendant could have managed this farm and avoided the serious threat now posed by inadequate freeboard in the lagoon. On information and belief, defendant could have and should have engaged in a spraying regime that would have lowered the volume of waste in its lagoon to a safe level before the rainy season began and sprayed on all available days since then to keep the freeboard at a safe level. In addition, on information and belief, defendant could have and should have further reduced the number of swine at its Pork Plus farm to maintain the freeboard required by its certified animal waste management plan and its General Permit. On information and belief, defendant's conduct is the cause of the environmental threat posed by the condition of its lagoon or holding pond. 25. The allegations contained in paragraphs 1 through 24 are incorporated into this claim for relief as if fully set forth herein. 8 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 8 '00 10:19 P.06 26. Defendant's certified animal waste management plan and the General Permit require that the minimum freeboard that must be maintained is 14 inches. This includes storage capacity to hold the 25 -year, 24-hour storm event plus an additional 12 inches needed to maintain the structural integrity of the lagoon. Defendant is in violation of the State's water quality laws -and administrative rules, its certified animal waste management plan and General Permit because defendant, inter alfa, (1) failed to maintain the required minimum freeboard, (2) discharged swine waste to the waters of the State, and (3) maintained and continues to maintain its lagoon in a condition which poses a serious threat of future discharges of swine waste into the waters of the State, and (4) failed to notify the State of past discharges when they occurred and inadequate freeboard levels as required by its certified animal waste management plan and General Permit. 27. The lack of adequate freeboard poses a serious threat of rupture of the lagoon and discharge of animal waste into the waters of the State -- in violation of State law-- unless immediate corrective action is taken. The risk of such a discharge increases as more waste is added to the lagoon. Such a discharge would cause immediate and severe injury and damage to the water quality of the State. For these reasons, the State is entitled to preliminary, and subsequent permanent, injunctive relief that compels defendant to bring its farm into compliance with the law. N.C. -Gen. Stat. § 143-215.6C. At a minimum, the Court should order defendant to cease violating the State's water quality laws and administrative rules, its certified animal waste management plan and General Permit. Specifically, the Court should order defendant to remove all of the swine, remaining on its Pork Plus farm, to lower the level of the liquid impounded in its lagoon to a safe level as soon as possible, and to forbid defendant from operating its Pork Plus farm as a swine operation until N. C. ATTORNEY GENERAL Fax :919-716-6767 Mar 8 '00 1019 P.O? defendant comes into full compliance with the law, including compliance with its certified animal waste management plan and General Permit. 28. The allegations contained in paragraphs 1 through 27 are incorporated into this claim for relief as if fully set forth herein. 29. The continued operation of defendant's Pork Plus farm and its lagoon without adequate freeboard is causing and continues to cause: (a) serious danger to the public health, safety and welfare of the people of North Carolina; and (b) serious harm to the land and water resources of the State, thereby constituting a public nuisance. Such operation should be stopped until the nuisance has been abated. WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grant to it the following relief 1. That the Court accept this verified complaint as an affidavit upon which to base orders of the Court. 2. That the Court enter a preliminary injunction ordering defendant to: (a) prevent any further discharge of animal waste or wastewater from the Pork Plus faun;. (b) immediately remove all of the swine remaining on the Pork Plus farm; (c) lower the level of the liquid impounded in its lagoon to 19 inches within days of the receipt of the plan of action referenced in Paragraph 2 (e) below, and, thereafter, (1) maintain 'the freeboard level in accordance with 10 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 8 '00 10:19 P.08 defendant's certified animal waste management plan and General Permit, and (2) install monitoring equipment designed to measure the lagoon Iiquid level that will alert defendant when the liquid reaches a critical level; (d) cease operating the Pork Plus farm as a swine operation until defendant comes into full compliance with the law, its certified animal waste management plan and General Permit; and (e) within 48 hours of the entry of the preliminary injunction, file with the Court a plan of action, acceptable to the State, which sets forth a timetable and the steps defendant will take to obtain 19 inches of freeboard in the lagoon within _days. (f) within 30 days of the entry of the preliminary injunction, file with the Court an evaluation of the reasons for the high freeboard and discharges at Pork Plus farm, and defendant's strategy to prevent high freeboard and discharges in the future. (g) contemporaneously serve on plaintiffs counsel the documents filed with the Court as required in Paragraphs 2 (e) and 2 (f). 3. That'the Court enter a permanent injunction forbidding defendant to operate its Pork Plus farm as a swine operation unless and until defendant brings the farm into full compliance with the State's water quality laws and defendant's certified animal waste management plan and General Permit; and, if defendant chooses not to resume operating the Pork Plus farm as a swine operation, that the Court order defendant to close its lagoon or holding pond under the Court's supervision in accordance with the 11 N. C. ATTORNEY GENERAL Fax :919-716=6767 Mar S...'00 10:20 P.09 Natural Resources Conservation Service standards for lagoon closure referenced in Paragraph V (7) of the General Permit pursuant to further orders of the Court; 4. That the Court retain continuing jurisdiction of this case until all provisions of its orders are carried out; 5. That any preliminary injunction, and any subsequent permanent injunction issued by the Court shall be enforceable by and through the contempt powers of this Court, pursuant to Chapter 5A of the North Carolina General Statutes; 6. That the cost of this action, including attorney fees, if allowable, be taxed against the defendant; 7. That this Court grant such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, this the day of March, 2000. MICHAEL F. EASLE'Y Attorney General Attorney General N.C. Department of Justice Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6 12 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 "00 1424 MICHAEL F. HhYLkIY \I'1'cgiNEN, uenew.L �--To (5. State of North Carolina ueparrmem of Justice 11. 0. BOX O3 !!) RALEIGH 27602.0621D Phone: Fax: tiSIT T P. 01 (919) 716-6600 (919) 716-6767 r �a��I,il1s Tdfik 1c� DATE: NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET): ,jT_ CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE: COMMENTS: Stu N.O. ATTORNEY GENERAL Fax -919-1'16-6767 Mar 7 '00 14:24 P.02 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DWISION COUNTY OF SAMPSON 2000 CVS STATE OF NORTH CAROLINA, ex rel, BILL HOLMAN, Secretary of the North Carolina Department of Environment and Natural Resources, and MICHAEL F. EASLEY, Attorney General, Plaintiff, V. CARROLL"S REALTY PARTNERSHIP, a North Carolina general partnership, Defendant. COMPLAINT AND MOTION FOR INJUNCTIVE RELIEF Plaintiff, State of North Carolina, complaining of the defendant, alleges and says: 1. Plaintiff is the sovereign State of North Carolina. This action is being brought on the relation of Bill Holman, Secretary of the Department of Environment and Natural Resources (hereinafter referred to as "DENR"), the State agency established pursuant to N.C. Gen. Stat. 143B-275, et seq., and vested with the statutory authority to enforce the State's environmental pollution laws, including laws enacted to protect the water quality of the State. This action is also being brought on the relation of Michael F. Easley pursuant to his common law power as Attorney General to bring civil actions to abate public nuisances. N.C. Gen. Stat. § 114-1.1. 2. The defendant is Carroll's Realty Partnership, a North Carolina general partnership, 4c,jee -fv �"6� Which owns the land upon which ai -w� . swine operation takes place at the Pork Plus farm, located south of the town of Turkey in Sampson County, North Carolina_ N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 '00 14:25 P.03 3. The Superior Court has jurisdiction of this action for common law public nuisance and for injunctive relief to enforce the State's environmental pollution laws and administrative rules pursuant to N.C. Gen. Stat. §§ 7A-245 and 143.215.6C. 4. Sampson County is a proper venue for this action because the nuisance and violations of law alleged are occurring in Sampson County. Applicable Laws and Regulations 5. N.C. Gen. Stat. § 143-215.1 forbids any person to `make outlets into the waters of the state" or "cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications" unless the person has a permit to do so issued by the Environmental Management Commission (the "EMC ,y, N.C. Gen. Stat. § 143-215.1(a)(1) and (6). 6. More specifically, N.C. Gen. Stat. § 143-215.10C provides that no person may construct or operate an animal waste management system for an animal operation without first obtaining either an individual permit or a general permit from the EMC. An "animal waste management system" is defined as "a combination of structural and non-structural practices which will properly collect, treat, store or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the State by any means except as a result of a storm event more severe than the 25 -year, 24 hour storm." 15A NCAC 2H.0203(3). 7. Subchapter 2H.0200 of Title 1 SA of the North Carolina Administrative Code (the "non -discharge rules") establishes the requirements and procedures for application and issuance of permits for waste disposal, systems, including animal waste management systems, which are not 2 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 '00 14:25 P.04 authorized to make any discharge to the surface waters of the State. A copy of these rules is attached as Exhibit A. The non -discharge rules provide that none of the rules shall be deemed to allow violation of any assigned water quality standard, and, finther, that any such discharges shall be considered a violation of a condition of a permit. 15A NCAC 2H.0217(f). S. The EMC has developed a Swine Waste Operation General Permit for swine operations (the "General Permit"). A copy of the General Permit is attached hereto as Exhibit B. A certified animal waste management plan ("CA'WMV) must be submitted as part of an applicant for a Certificate of Coverage under the General Permit. A CAWMP must contain the animal waste management practices or combination of practices which are selected to comprise a plan for a specific feedlot. 15A NCAC 2H.0217(a)(1)(H)(i). The CAWMP is incorporated by reference into the General Permit issued to a, swine farm operator. The purpose of the CAWMP and the General Permit is to assure that the public health, safety and welfare are adequately protected from swine farm operations. Included in the plan are performance and operations standards and requirements that assure that the swine operations will be carefully designed and operated in a manner to accomplish their purposes. Siting of waste lagoons and spray irrigation fields and the establishing of proper freeboard levels in the lagoons are critical in the design process to protect the public health, safety, and welfare, of the citizens of North Carolina. 9. The General Permit contains numerous provisions, including the following that are pertinent to this case: (a) Condition I (2) of the General Permit provides that any violation of the Certified Animal Waste Management Plan is a violation of the General Permit and subject to enforcement action. 3 N.C. RTTORNEY GENERAL Fax : 919-716-6767 Mar 7 '00 14:26 P.05 (b) Condition V (3) requires;that the maximum waste level in the lagoon shall not exceed that specified in the Certified Animal Waste Management Plan, and, further, requires that, at a minimum, the waste level for the lagoon established in the CAWMF cannot exceed the level that provides adequate storage to contain a 25 -year, 24-hour storm . event plus an additional one foot of freeboard to protect the structural integrity of the lagoon embankment. (c) Condition I11(5) requires that records of land application events and solids removed to an off-site location be maintained in chronological and legible form for a minimum of three years and be kept readily available for inspection. (d) Condition III (6) requires that the permittee report by telephone to the appropriate Division of Water Quality Regional Offices as soon as possible, but no more than 24 hours following the first knowledge, the following occurrences: (1) Failure of any component of the animal waste collection, treatment, storage, and land application system resulting in a discharge to surface waters; (2) Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal and/or sludge; (3) Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. (4) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit; and 4 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 '00 14:26 P.06 (5) Any discharge that bypasses a lagoon/stomge pond resulting in a discharge into surface waters or that poses,a serious threat to the environment. 10. The EMC has delegated to the Director of the Division of Water Quality ("DWQ") of DENR the authority to issue individual non -discharge permits and certificates of coverage under the anima! waste management system general permit. N.C. Gen: Stat. § 143-215.3(a)(4);. 15A NCAC 2H.0209. 11. Whenever DENR has. reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental laws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation," and, "the court shall grant the relief necessary to prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 12. Under the common law of North Carolina, the Attorney General has the power and authority to file a civil action on behalf of the citizens of the State to abate a public nuisance affecting the public health, safety or welfare. Factual Allegations S Z� 13. Defendant owns and operates a iE"r�'"swine operation, known as the Pork Plus farm, w, high is located in Samp on Co south the town of Turkey. The Pork Plus farm I�t9�a�� was owed i July, 1998 or a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design volume of 766,512 cubic feet of animal waste and nearby sprayfields onto which the animal waste stored in the lagoon is land -applied. N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 7 '00 14:26 P.07 14. Defendant obtained a Certificate of Coverage under the General Permit for swine operations on July 2; 1998. A copy of the Certificate.of Coverage is attached as Exhibit C. 15. On August 4, 1999, Jeffery Brown of the DWQ inspected the Pork Plus Farm and observed violations of the law and the General Permit, including bare spots on portions of the lagoon dikes and that Plant Available Nitrogen {"PAN'} rates had been exceeded. As a result, a Notice of Violation was issued by DWQ on August 18, 1999. 16. On January 21, 2000, the lagoon freeboard was only 18 inches. Defendant's failure to maintain adequate freeboard was a violation of defendant's General Permit. 17. On January 31, 2000, defendant reported that there was only 15 inches of freeboard. Defendant's failure to maintain adequate freeboard was a violation of defendant's General Permit. p�ialist j 5 18. On February 5, 2000, Jeffery Brown, an Environmental ialist with DWQ, inspected the Pork Pius Farm and observed that the freeboard was still 15 inches. Defendant's ���V ��► failure to maintain adequate freeboard was a violation of defendant's General Permit: 19. On February 10, 2000, Jeffery Brown again inspected ,the Pork Plus farm and observed the following violations of law and the General Permit: CIOTY -4' and (2) the lagoon or holding pond still had only 15 inches of freeboard instead of the 19 inches required by the Certified Animal Waste Management Plan and the General Permit. 20. Violations have continued into March, 2000. On March 1, 2000, J again inspected the Pork Plus Farm. The lagoon had only 13 inches of freeboard. In addition, swine wastewater was observed in a roadside drainage ditch. On March 2, Bob Heath observed the. Sri visit 1ua5nvJeas ct resu 4 fro" cin einvn ftma4.5' e k iq�. wcssS � �g4 ovie- 4 4ke 3-W;ne L�L;UI a GHQL+'aa� s Z*�GP {� d+�CfSr�l1 di "�5 6 ,/� "s4- `G•�+� s��r-t� � #e rs . I,WGS V4 rep�,4TJ u 4; j nu es a,,,A bW Led 1,e A -1/'?r --ac i tl b q4 f n5f ce4ioyj 4vrr1►ti-j docu a `/ O-00 r N. C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 7 '00 14:27 P.08 freeboard was only 11-12 inches. On March 6 it was 14 inches. Defendant's continued failure to maintain adequate freeboard is a violation of defendant's Genera! Permit. 21. Since March of 1999, when defendant was notified in writing by Jeffery Brown, DWQ Envirinmental Engineer, of the waste storage capacity issue at Pork Plus Farre, defendant has failed to rectify the problemsrr at Pork Plus Farm. Defendant's o e al on states that the Pork e rg r�s�L - 5� Ca►t On�j ac'rtj ,"J:7 Plus lagoon is sized for only 3640 swine. For nearly a year defendant tis�een advising DWQ personnel in the Fayetteville Regional Office of various options under consideration to rectify the situation. Scheduled start dates have been extended and subsequently missed. On information and belief, the swine population has not been reduced to 3600. The General Permit recently reissued to defendant reduced the number of swine permitted from 6000 to 3600??????? DONE???????. i 22. The inadequate freeboard level in the lagoon poses a serious threat of an unlawful discharge of swine waste and wastewater into the waters of the State. If the liquid waste in the lagoon remains near the twelve inch zone, the structural integrity of the wall may be overcome and a resulting breech of the wall would occur. If that were to occur, wastewater would flow into a stream below the lagoon and x ete� into the waters of the State. 23_ On information and belief, swine remaining on defendant's facility continue to produce waste that is being added to a lagoon that is undersized and already has inadequate freeboard. Making matters worse, although defendant recently provided the State with a plan for bringing the lagoon into compliance with the law and regulations within 30 days from February 3, 20001 e.g., by bringing the freeboard to the required level of 19 inches, that plan failed due to inadequate effort on defendant's part to increase freeboard. To alleviate the threat posed by the 7 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 '00 14:27 P.09 unsafe condition of the defendant's swine waste lagoon, the flow of swine waste into the lagoon must be stopped. To do this, defendant must immediately remove all of the swine from its Pork Plus Farm as soon as possible, Afterward, the farm must remain depopulated of swine until either brought into compliance with the law and defendant's certified animal waste management plan and General Permit, or, in the alternative, the animal waste management system, including the lagoon, must be closed in an environmentally safe manner acceptable to the State and under the Court's supervision. 24. The continuing violations of State law at defendant's Pork Plus Farm is the result of mismanagement. Its certified animal waste management plan provided the basis upon which defendant could have managed this farm and avoided the serious threat now posed by inadequate freeboard in the lagoon or holding pond. On information and belief, defendant could have and should have engaged in a spraying regime that would have lowered the volume of waste in its lagoon or holding pond to a safe level before the rainy season began and sprayed an all available days since then to keep the freeboard at a safe level. In addition, on information and belief, defendant could have and should have further reduced the number of swine at its Pork Plus farm to maintain freeboard required by its certified animal waste management plan and its General Permit. On information and belief, defendant's conduct is the cause of the environmental threat posed by the condition -of its lagoon or holding pond. 25. -The allegations contained in paragraphs 1 through 24 are incorporated into this claim for relief as if fully set forth herein. 8 N. C. ATTORNEY GENERAL Fax : 919 -?16-6767 Mar 7 '00 14:28 P:10 26. Defendant's certified animal waste management plan and the General Permit require that the'tninimutn freeboard that must be maintained is 19 inches. This includes stowage capacity to hold the 25 -year, 24-hour storm event plus an additional 12 inches needed to maintain the structural integrity of the lagoon. Defendant is -in violation of the State's water quality laws and administrative rules, its certified animal waste management plan and General Permit because defendant, inter alfa, (1) failed to maintain the required minimum freeboard, (2) ldisc»xaited-swine waste- ifrom its lagoon or holding pond, and?] maintained and continues to maintain its lagoon or holding pond. in a condition which poses a serious threat of future discharges of swine waste into the waters of the State, and (3) failed to notify the State of past discharges when they occurred and inadequate freeboard levels as required by its certified animal waste management plan and General Permit. 27. The lack of adequate freeboard poses a serious threat of rupture of the lagoon for :�s tructure ] and discharge of animal waste into the waters of the State -- in violation of State law-- unless immediate corrective action is taken. The risk of such a discharge increases uxs�, Sc+ctu,r.� as more waste is added to the lagoon [ q. Such a discharge would cause immediate and is le injury and damage to the water quality of the State. For these reasons, the State'is —entit led to preliminary, and subsequent permanent, injunctive relief that compels defendant to bring its farm into compliance with the law. N.C. Gen. Stat. § 143-215.6C. At a minimum, the Court should order defendant to cease violating the State's water quality. laws and adu,inistrative rules, its certified animal waste management plan and General Permit. Specifically, the Court should order defendant to remove all of the swine remaining on its Pork Plus farm, to lower the level of the liquid impounded in its lagoon to a safe [legal] level as soon as possible, and to forbid defendant from 9 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 7 '00 14:28 P.11 operating its Pork Plus farm as a swine, operation until defendant comes into full compliance with the law, including compliance with its certified animal waste management plan and General Permit. 28. The allegations contained in paragraphs 1 through 27 are incorporated into this claim for relief as if fully set forth herein. AU4� Wq�c 3`-P 29. The continued operation of defendant's Pork Plus farm and its lagoon orhelk without adequate freeboard is causing and continues to cause: (a) serious danger to the public health, safety and welfare of the people of North Carolina; and (b) serious harm to the land and water resources of the State; thereby constituting a public nuisance. Such operation should be stopped until the nuisance has been abated. WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grant to it the following relief: 1. That the Court accept this verified complaint as an affidavit upon which to base orders of the Court. 2. That the Court enter a preliminary injunction ordering defendant to: (a) prevent any further discharge of animal waste or wastewater from the Pork Plus farm; (b) immediately remove all of the swine remaining on the Pork Plus farm; (c) lower the level of the liquid impounded in its lagoon to 19 inches within days of the receipt of the plan of action referenced in Paragraph 2 (e) below, and, thereafter, (1) maintain the freeboard level in accordance with to N. C. ATTORNEY GENERAL Fax:919-�16-6767 Mar 7 '00 14:29 P.12 defendant's certified animal waste management plan and General Permit, and (2) install monitoring equipment designed to measure the lagoon or holding pond liquid level that will aloft defendant when the liquid reaches a critical level; (d) cease operating the Pork Plus farm as a swine operation until defendant comes into full compliance with the law, its certified animal waste management plan and General Permit; and (e) within 48 hours of the entry of the preliminary injunction, file with the Court a plan of action, acceptable to the State, which sets forth a timetable and the steps defendant will take to obtain 19 inches of freeboard in the lagoon within days. (f) within 30 days of the entry of the preliminary injunction, file with the Court an evaluation of the reasons for the high freeboard and discharges at Pork Plus farm, and defendant's strategy to prevent high freeboard and discharges in the future. (g) contemporaneously serve on plaintiff's counsel the documents filed with the Court as required in Paragraphs 2 (e) and 2 W. 3. That the Court enter a permanent injunction forbidding defendant to operate its Pork Plus farm as a swine operation unless and until defendant brings the farm into full compliance with the State's water quality laws and defendant's certified animal waste management plan and General Permit; and, if defendant chooses not to resume operating the Pork Plus farm as a swine operation, that the Court order defendant to 11 N.C. ATTORNEY GENERAL Fax:919-16-6767 Mar 7 '00 14:29- P.13 close its lagoon or holding pond under the Court's supervision in accordance with the Natural Resources Conservation Service standards for lagoon closure, referenced in Paragraph V (7) of the General Permit pursuant to ftuther orders of the Court; 4. That the Court retain continuing jurisdiction of this case until all provisions of its orders are carried out; 5. That any preliminary injunction, and any subsequent permanent injunction issued by the Court shall be enforceable by and through the contempt powers of this Court, pursuant to Chapter 5A of the North Carolina General Statutes; 6. That the cost of this action, including attorney fees, if allowable, be taxed against the defendant; 7. That this Court giant such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, this the day of March, 2000. MICHAEL F. EASLEY Attorney General Attorney General N.G. Department of Justice Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6_ 12 N.C. ATTORNEY GENERAL Fax*919-716-6767 STATE OF NORTH CAROLINA COUNTY OF Mar 7 '00 1429 P.14 VERIFICATION after being duly sworn, depose and say that I am an ` in the Fayetteville Regional Office of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources; that I am authorized to make this verification; that I have has read the foregoing Complaint and that I am acquainted with the facts and circumstances alleged therein; that they are true and accurate to my knowledge, except as to those matters alleged on infonnation and belief, and, as to those matters, I believe them to be true. Subscribed and sworn to before me this the day of March, 2000. Notary Public My Commission Expires: (SEAL) 13 ca�Zac','-�) Memo Tos F, J, Faison, Jr. From Howard Hobson cc: Don Butler, Dexter Edwards Carroll's Foods, Inc. 111 11 1111 11 1 11111111110 11 • Dates 02/17/00 Ree Data for Pork Plus requested by the Division of Water Quality RECEIVED r- F B 2 d 2000 FAYETTEVILLE REG. OFFICE On February 8, 2000, David Nordin and I carried out a detailed investigation of the waste treatment lagoon at Pork Plus. The following information is based upon this trip plus other data accumulated during the past few months. 1. The lagoon has the capacity of 876,821 cubic feet. This is based upon the total existing depth of 13.4 feet less 1 foot of freeboard. 2. Total capacity of the lagoon less 4.75 feet of sludge is 598,773 cubic feet. 3. Capacity required for 3600 head feeder to finish (Original specifications) is 598,760 cubic feet with 100 days of temporary storage. 4. A revised CWAMP using wettable acres, existing crops, and current waste analysis (3.5 Ib. N. 11000 gallons) allows for 3600 head feed -finish -animals. Based upon the above information I would make the following recommendations: 1. Discontinue restocking houses until the 3600 head number is reached or obtain additional land for waste application. 2. Consult immediately with an Engineering Firm to plan for rertro-fit to allow full re- population of the houses. �/" ~+� —OC) e' ;I' � Tf �td /,&y Q lrra I[ t r^ • Page 1 Moc, Ccsmr-LejcP /),e 1� ISSuP�. February 21, 2000 Mr. Paul E. Rawls Regional Water Quality Supervisor NCDENR, Division of Water Quality Wachovia Building Fayetteville, NC 28301 Dear Mr Rawls: This letter is in regard to your request for information dated January 28, 2000. Due to recent health problems I was not able to meet the target date of February 14. Listed below are a list of actions I have taken during the past few weeks: 1. Requested Howard Hobson, Technical Specialist, to gather the information on the existing lagoon. His report is attached. 2. Requested Law Engineering to meet with Don Butler and Howard Hobson. The first meeting was held on February 16 ,17. A follow-up meeting with Law Engineering is scheduled for Tuesday, February 22. 3. I have met with BION several times. At the last meeting, BION presented a new plan that will further clean the water. They are preparing a proposal and will present it at the Tuesday meeting. 4. Presently, I have emptied one of the houses. I will not place any more pigs on the farm until the liquid level is lowered to 25 inches 5. Additional plans call for completing construction on the BION ( or equivalent system recommended by Law Engineering) in mid -summer. The new system will be designed to reduce nutrients; thereby allowing compliance with the CWAMP. I will be working closely with Law Engineering, BION and others to select the proper technology to put this farm back at full production. Thank you and your staff for working with me to address concerns on my farm. I will give you an update regarding type of system planned after consulting with Law Engineering. Attachment Carrolh 82-25 lagoon Subject: Carroll's 82-25 lagoon Date: Fri, 03 Mar 2000 17:40:05 -0500 From: Sue Homewood <sue.homewood@ncmail.net> Organization: DWQ To: Paul Rawls <Paul.Rawls@ncmail.net> CC: Dennis Ramsey <Dennis.Ramsey@ncmail.net> Paul, here are my calculations based on the volumes reported by Howard Hobson. Not counting the volume of the lagoon filled up by 4.75 feet of sludge, the capacity is 59872-3 c.f. For a lagoon for 3600 feeder to finish swine the permanent volume needed is 486000 cf. This leaves 112773 cf for temporary and storm storage {1' freeboard already subtracted from Howards total) Storm storage and ranfall - evap equals 96250 cf leaving 16523 cf for temp. storage or 3.3 days worth. If we consider no permanent storage and assume this is a holding pond, the entire 598773 cf is temporary storage. subtract storm storage and rainfall-evap leaves 502523 cf which is 101 days of temporary storage for 3600 feeder to finish swine. However, if this is considered a holding pond, then the WUP must be developed based on NRCS numbers for swine slurry requiring much more land than in the current WUP. In order to develop the WUP based on actual waste samples they will need 4 samples per year for 3 years and corresponding irrigation records. If they want to consider this a lagoon, the 598773 cf will maintain 2314 feeder to finish swine with a temporary storage period of 60 days (minimum allowed). If they remove the sludge these numbers can then be manipulated some more, I suggest that is not addressed or approved until after we have new sludge depth documentation. Sue Sue Homewood Environmental Engineer NCDENR - Division of Water Quality Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 919-733-5083 extension 502A40 fax: 919-733-0719 Mailto:sue.Homewood@ncmail.net ��i i1r#1 — 17. f P, + T , P, - A S. _JJAV x 136 = Wk'i c� 03/06/2000 7:43 AM I 4 A*A NCDENR JAMES B. H"` NT JR. GOVERNOR Tli :k BILL HOLMAN SECRETARY KERR T. STEVENS DIRECTOR . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY DIVISION OF WATER QUALITY January 28, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Carroll's Foods, Inc. Attn: Sonny Faison PO Box 856 Warsaw, NC 28398 SUBJECT: Request for Information Pork Plus Farm Facility No. 82 - 25 Sampson. County Dear Mr. Faison: This letter is in regards to the meeting that was held at the office of Carroll's Foods, Inc. office, Warsaw on January 21, 2000. The meeting attended by staff from the Fayetteville Regional Office of the Division of Water Quality addressed issues concerning the Pork Plus Farm. It was determined that the inadequate waste structure on the subject facility has not currently been resolved. Please note that this office first documented this issue in correspondence on March 12, 1999. This office requests that the waste storage structure be evaluated and the Certified Animal Waste Management Plan (CAWMP) be revised to accurately reflect the amount of waste being generated at this facility to insure consistent compliance with the General Permit until a new waste management system can be constructed. The waste storage structure evaluation should accurately outline the current amount of storage capacity, taking into account the sludge accumulation and the actual dimensions of the lagoon. If for any reason compliance cannot be maintained under this revised CAWMP, you should immediately notify this office. At this time, this office acknowledges that the proposal received from Carroll's Foods (Don Butler) on June 29, 1999 to partially depopulate the farm to accommodate the size of the waste structure (outlined in Option #4) should immediately be explored. 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 website: h2o.enr.state.mus PHONE 919.783-7016 FAx 918.783-249a AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/10% POST-CONEUMER PAPER Page 2 Pork Pius Farm January 28, 2000 Please notify this office in writing on or before February 14, 2000 at the letterhead address as to the actions taken or proposed to be taken to address this matter. 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 this situation. If you have any questions concerning this matter, please call Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Sincerely Paul E. Rawls Regional Water Quality Supervisor cc: Dennis Ramsey - Non -Discharge Branch Coleen Sullins - Water Quality Section Chief Sonya Avant - Compliance Group Howard Hobson - Carroll's Foods, Inc. Central Files Audrey Oxendine - DSWC Fayetteville Office ri- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 6, 2000 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28348 SUBJECT: Request for Information Permit No. AWS 820025 Pork Plus Farm Facility No. 82-25 Sampson County Dear Mr. Faison: On February 24, 2000, the Division of Water Quality at the Fayetteville Regional Office received a letter in regards to the Pork Plus facility. The letter was accompanied by a Memo to your attention from Howard Hobson, a Carroll's employee. It was determined by Howard Hobson that the waste structure at its current condition could not adequately treat the amount of waste being generated from the facility at its maximum capacity of 6,000 animals. The recommendation at that time was to seek additional land for waste application or decrease the herd size at the facility to 3600 animals. However, it has been determined from a review of the information by DWQ central office and regional staff that the waste structure still cannot support a herd size of 3600 animals with a 60 day (minimum allowed) temporary storage period and simultaneously be considered alagoQn. One of the following items must be addressed: (1) recalculate and reduce to the number of animals that the structure can adequately handle and simultaneously be considered a lagoon, (2) develop the Certified Animal Waste Management Plan (CAWMP) based on the NRCS numbers for a holding pond instead of a lagoon, (3) develop the CAWMP on actual on-farm waste samples (a minimum of three waste analysis per year for three years with corresponding irrigation records). 225 GREEN STREET, SUITE 714 / SYSTEL SLD. FAYETTEVILLE, NORTH CAROLINA ZEI301-5043 PHONE 91 0-4a6- 1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLE12/10% POST -CONSUMER PAPER Page 2 Pork Plus Farm March 6, 2000 Please provide a written response to this office on or before March 13, 1999, regarding corrective actions taken or planned. 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. Sincerely,--,_- Paul E. Rawls Regional Water Quality Supervisor cc; Sonya Avant - Compliance Group Sue Homewood - Non -Discharge Permitting Unit Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - RaIeigh Howard Hobson - Carroll's Foods, Inc. Summary of Events Regarding Pork Plus (82-25) • Received Referral from DSWC on February 24, 1999. It was determined that the lagoon was actually a holding pond during the operation review conducted on February 16. At this time Pork Plus and C&M 1 Farm were covered under one CAWMP. The C&M I Farm also was referred to DWQ due to significant overapplication of nitrogen. 0 DWQ met with Carroll's Food in Warsaw regarding the issue of the waste structure on March 10, 1999. Howard Hobson, Bob -McLeod, and Don Butler were in the meeting. • A Request for Information letter was sent to Carroll's Foods as to what corrective actions were going to be taken to resolve the issue on March 12, 1999. • Howard Hobson responded on March 30, 1999 stating that a decision would be made soon as to what system would be installed to correct the problem. • DWQ received a letter from Don Butler on June 29, 1999 stating that Sonny Faison, owner, was exploring different options that could be taken to correct the problem. This letter identified each option with benefits and drawbacks for each option. • DWQ received a letter from Sonny Faison on July 30, 1999 stating that he was leaning toward a traditional lagoon to be constructed to correct the problem. • DWQ -conducted a routine inspection of Pork Plus on August 4, 1999. • A NOV was issued to Pork Plus and C&M I on August 18, 1999. It was in regards to overapplication and the issue with the lagoon. No actions had been taken to correct the problem with the waste structure. • A response from Carroll's was received on August 20, 1999. The response stated that several avenues had been explored, but it had been decided that a traditional waste lagoon would be constructed. A time line as to when this would be completed was included with the response. According to the schedule, the lagoon would be completed and in use by October 15, 1999. • DWQ received a letter from Sonny Faison on October 13, 1999 with a revised construction schedule of the lagoon due to the hurricanes. The revised schedule indicated that the new lagoon would be completed by December 10, 1999. • DWQ met with Howard Hobson and David Nordin on January 21, 2000 regarding the Pork Plus. It appears that Sonny Faison is now considering a Bion System instead of a traditional waste lagoon. The lagoon level on this date was 18". DWQ was informed that if the weather was clear, it would be between 2-3 weeks before the fields would be able to be utilized for waste application. NCDENR-DWO Fax:919-733-0719 Mar Operator:CARROLLS PORK PLUSCountyt SAMPSON Distance to nearest residence (other than owner)r 9 '99 12:25 Ease,/ T"VL --3 P. 01J03 60 � s bat*: 04 /i8/;98 o.o Fest 1. AVERAGE LIVE WEIGHT (ALN) o sows farrow to Finish) x 1417 lbs. 0 The 0 sows farrow to feeder) x $22 lbs. 0 The 6000 head finishing only iveart x 135 lbs. = 810000 lbs 0 sows farrow to wean x 433 lbe. 0 lbs 0 heed to feeder x 30 lbs. 0 The Describe others s - 0 Total verag® Live Werg T 810000 The a. NlNIMIJM UQUIRED TREATMENT VOLE OF LAGOON vol=e 810000 lbs. AIR x Treatment Velums(•CF ib. ALW Treatment Volume(CF).�lb. ALW = 1 CF/lb. ALW volume w 610000 cualic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMM. A►TION � yam' °O volume o 0.0 cubic root 4. TOTAL DESIGNED VOLUME Inside top length (teat) --------------------- Inside top width (feet) ---- ---------------- ..- Top of dike elevation (feet) ----------------- Bottom of lagoon elevation (feet)-------�---- Freaboard f f eet)------ Side slopes (inside, lagoon) ------------------ Total design volume' priomoidal formula SS/F.[+ID1 531ENDZ 58/SIDZ1 SS/SIDsa LENGTH 2.0 2.0 2.o 2.0 546.0 AREA of TOP LENGTH *WIDTH # 546.0 146.0 AREA OF BOTTOM LENGTH * WIDTH • 498.0 98.0 sso . 0 K pard 150 S0. 37.0 1.0 2.0 : 1 WIDTH DEPTH 146.0 13.0 79716 (AREA OF TOP) 48804 (AREA OF BOTTOM) 4 AREA OF MIDSECTION LENGTH WIDTH * 4 522.0 122.0 254736 (AREA OF MIDSECTION * 4) CU. FT. XAREA 'POP + ' (4 *ARBA MI DORCTION) + ARZA BOTTOM$ + DEPTH/6 79716.0 954736.0 48804.0 2.0 ,CRS loaf FW 9n Total Desi ad Volume Available 76451 CU• FT r. .. • To 4i59� �lni^4 reo rM,� f A 1\1 NCDENR-DWQ Fax:919-733-0719 r ti i. TEMPORARY STORAGE REQUIRED 5x. 5H. Se. DRAINAGE AMI Laggnon (top of dike) Longth * Width 550.0 150.0 82500.0 square feet Mar9 '99 12:25 P. 02103 'Buildings (roof and lot dater) 0.0 square feet Describe this area. TOTAL DA 82500.0 square feet Design temporary storage period to be ;60 days. volume of waste produced Feces & urine production in gal./day per 135 lb. ALw 1.37 Volume - 810000 lbs. ALW 135 lbs. / ALW 1.37 gal/day 60 dayap„�' Volume - 493200 gals. or 65935.6 cubic feet 5CPO Volume of wash water t4 5 9-P This is the amount of fresh water used for washing,floors or volume of fresh water used for a f lush system. Flush systems that recirculate the lagoon wetter are' accou�ted for in SA. volume o 0.0 gallons/day • 60 days storage/7.40 gallons per CF volume - 0.0 cubic feet volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 60 days excess rainfall 7.0 inches Volume M 7.0 in * DA / 12 inches per foot Volume a 48125.0 cubic feat of /,), X Q/" r,'M NL.1)L1NK-UWU Fax :g19-733-0719 Mar 9 ' . , 9 12:26 P. 03103 5D. volume of 23 year - 24 hour storm Volume 7.0 inches / 12 inches per foot * DA Volume 48125.0 cubic feet TOTAL REQUIRED TEMPORARY STORAGE b5936 4ubi.0 feet So. 0cubic feet 5C. 48225 cubic feet 3D. 48125 cubic feet„ TOTAL .162166 cubic feet � 6. S UMI+IARY Temporary storage period > 60 days Rainfall in excess of evapporations 7.0 iriches 25 year - 24 hour �rainfal a > 7.0 inches Freaboardawa= > 1.D feet Side slopes-> 2.0 s 1 inside top fath ? 1. 500fat=nsids top wid he c Top of dike elevation $0.0 feet Bottom of lagoon olevatiorm > 37.0 feet Total required voluumam----- > cu. ft. Actual design volume > 6 iz cu. Seasonal high watertable elevation (MM)mam> Stopumping slev. > 0.0 feet Must be > or - to the SHWT olev. > 0.0 feet Must be > or w to min. req. treatment o1.-> 4300 feet Required minimum treatment volume > 818000 cu. ft. Volume at stop pumping elevation > -444049 au. ft. Start pumping alev. > 0.0 loot Must be at bottom of freeboard a 25 yr. rainfall Actual volume less 25 yr.-- 24 hr. rainrallmm> 716307 cu. It. Volum* at startpu inq ol*vationa��> -444049 cu. ft. Required volume to 1*0 pumpped n�> 114061 cu. ft. Aotual volume planned to bepumpsdd�... wwMw=> 0 cu. ft. min. thickness of soil liner when requiredw=> 1.9 feet 7. DESIGNED BY: 4a'0.444, APPROVED BY DATE s 4-4= V* DATE NOTEt &EE J►'TTACfiED WASTE UTILIZATION PLAN COMM$MT8 t, ' 4m, how -m` 35e* " LRAzi Imab MM 101EM&M t.0%us OtL� �%be 1 oa MLt k ,2.3 x 6,00d — /31900 �6= -3t, d,�e � , Ur 94 6, sr0-)- -P, A-/ It 01/24/2000 13:57 919-715-6048 DWQ NON DISCHARGE BR PAGE 02 rQR 72ZD TS-"',• "=4>.,L WASTR XABAG�.VT Pt" CZATIPZC;kTICH ZZISTING Please return the completed fora to the Divinion of ZUvirommental Manftgt at the address on the reverse side of this forst. 001 % r.• !lame of farm (Please print) :ia;ling Address ,<^' ••, + Phone No 910 - -S' County (of farm) : 11 .x =-' Farm location: Latitude and Longitude:,� $Z��$`/1Q` J (regUired) . iso, please attach a copy of a county road map with location identified. o' Type of operation (swine, layer, dairy, etc.) :_ -clinl ,_ r F�-�.� f-iNa�_�'-L Design capacity (number of animals) : a.6700 Average -size of operation (12 month population avg.): e Q Average acreagep needed for land application of Waste (acres): 99.0 aisasmrisaiilipmrmgirmrrrmSNlriimirrrrrrrrma{mmriirrrrrriilr�iirrils!!rrlieedvli3 TschAical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservations Commisaiort pursuant to ISA NCAC 6F _0005, I certify that the existing animal waste managwnent system for tate farm named above has an animal WASta mallaa7ament plan that mastc th= cp_ =ti;- mnd = ntenance atar:dards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation. Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical spec?alistz and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third parts+) ; access or ownereilg of .pbopdr _ waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants, from stormwa,ter runoff events less severe than the 25 -year, 24-hour storm. Napa of Tecbaical Specialist (Please Print) :ZdUE&mE7 � • �D85vN_, Affiliation (Agency) : fbv"— Address one No& x2f 3m signature: Date. i t i i i l m i l i i i s i i i i i i i i i� i! i 7 i i •k M i i i r i i i i i el iJ� i t s .'� � r i� A i r r! i i i s!! m 3 i! � 7 C7 i Qwner/Hanager Agreement (we) understand the operation and maintenance procedures established .in the approved animal waste management pian for the farm named above and will '•implement these procedures, I (we) know that any expansion to the existing design capacity os the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (gra) also understand that there must be no discharge of animal waste from this system to surface waters of the state either directly through a, matt -made conveyance or through ;rurivsf iroin e storm event less severe than the 25 -year, 24 --hour storm. The approved plan will he filed at the farm and at the office of the local Soil and Hater Conservation District. Name of !arvn(Please P;'int) ',��_L�j,u�I .`�_RSEigI�R`�I�l�1Qs -- Signature : Date: cols. r,oawO D kC4+ j Name of !imager, if di fern from owner (Please print) : Signature : Date,— 4 5" Moth: A charge in 1$nd ownership requires notification o, a new ce--t_fica=ior. (if the appro-ed plan is changed) within 60 days of a title tr&ns_e_.' DEM USE ONLY: ACE N j -,9 •�' MR 06-T00 09:18RM CARROLL'S FOODS ■ a ■ �; ': p P. lig CARROLL'S FOODS, DiC. P. 0. Drawer 846 Warsaw, North CaroLiaa 23398 910-393-3434 910-293-7551 (Fax) RECOVEL; FAX TRANSMITTAL SHEET DATE: � o TIl4iE: v T0: FROhf: AuL 1.zW'qg'p FAX NU LAMER: B G70 7 NUNMER OF PAGES `ANG. Co,t/EQ� SUBJECT: Q�t 2 Lvs �r�no�ls 1,{ [] - 2000 FAYETTEVIL.LE REG. OFFICE MAR 06 '00 09:18AM CARROLL'S FOODS P.2/9 AREA OF TOP LENGTH * WIDTH = 295.0 295.0 87025 (AREA OF TOP) AREA OF BOTTOM LENGTH * WIDTH = 261.4 261.4 68330 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 278.2 278.2 309581 (AREA OF MIDSECTION * 4) CU. FT. = AARLA TOP + (4*AREA MIDSECTION) + AREA BOTTONO * DEPTH/6 87025.0 309581.0 68330.0 1.4 Total Designed Volume Available = 650910 CU. FT. Operator:PORK,PLUS County: SAMPSON Date: Distance to nearest residence (other than owner): 0.0 feet 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) x 1417 lbs. = 0 lbs 0 sows (farrow to feeder) x 522 lbs. = 0 lbs 3600 head (finishing only) x 135 lbs. = 486000 lbs 0 sows (farrow to Wean) x 433 lbs. -- 0 lbs 0 head (wean to feeder) x 30 lbs. = 0 lbs Describe other : 0 Total Average Live Weig 486000 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 486000 lbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)/lb. ALW W 1 CF/lb.ALK Volume a 486000 cubic feet ��� 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION 2400 MA Volume = 0.0 cubic feet FAyETTEVILLE 4. TOTAL DESIGNED VOLUME REG. OFFICE Inside top length (feet)--------------------- 299.0 Inside top width (feet)---------------------- 299.0 Top of dike elevation (feet)----------------- 50.0 Bottom of lagoon elevation (feet) ------------ 40.6 Freeboard (feet) ------- ,.-____________________ 1.0 Side slopes (inside lagoon)------------------- 2.0 : 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 2.0 2.0 2.0 2.0 295.0 295.0 8.4 AREA OF TOP LENGTH * WIDTH = 295.0 295.0 87025 (AREA OF TOP) AREA OF BOTTOM LENGTH * WIDTH = 261.4 261.4 68330 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 278.2 278.2 309581 (AREA OF MIDSECTION * 4) CU. FT. = AARLA TOP + (4*AREA MIDSECTION) + AREA BOTTONO * DEPTH/6 87025.0 309581.0 68330.0 1.4 Total Designed Volume Available = 650910 CU. FT. 'N MAR 06 '00 09:18AM CARROLL'S FOODS 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length * width = 299.0 299.0 8940..0 square feet Buildings (roof and lot water) 0.0 square feet TOTAL DA 89401.0 square feet Design temporary storage period to be 5A. Volume of waste produced P.3/9 Describe this area. 100 days. Feces urine production in gal./day per 135 lb. ALW 1.37 Volume a 486000 lbs. ALW/135 lbs. ALW * 1.37 gal/day 100 days Volume = 493200 gals. or 65935.8 cubic feet 5B. Volume of wash Mater This is the amount of fresh water used for washing floors or volume of fresh Water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day * 100 days storage/7.48 gallons per CF Volume = 0.0 cubic feet 5C. Volume of rainfall in excess of evaporation use period of time when rainfall exceeds evaporation by largest amount. 100 days excess rainfall - 7.0 inches Volume = 7.0 in * DA / 12 inches per foot Volume = 52150.6 cubic feet MAR 05 '00 09c1BAM CARROLL'S FOODS 5D. Volume of 25 year - 24 hour storm Volume = 7.0 inches / 12 inches per foot * DA Volume - 52150.6 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 65936 cubic feet 58. 0 cubic feet 5C. 52151 cubic feet 5D. 52151 cubic feet TOTAL 170237 cubic feet 6. SUMMARY P.4/9 Temporary storage period===-- ----- _--=> 100 days Rainfall in excess of evaporation—=== _­> 7.0 inches 25 year - 24 hour rainfall======---w=====w=> 7.0 inches Freeboard=== 1.0 feet Side slopes ---__-__......___.._-____..______> 2.0 : 1 Inside top 299.0 feet Inside top width==---____=-----__- - --_> 299.0 feet, Top of dike elevation==========a===__> 50.0 feet Bottom of lagoon elevation---==---_-__----_> 40.6 feet 1 Total required volume---=--___ ____ ___ ___> 56237 cu. ft: j * Actual design volume---==a--==-__�__�___> t650910 cu. ft Seasonal high watertable elevation (SHWT)===> 0.0 feet Stop pumping elev.== 47.0 feet Must be >'or = to the SHWT e1.ev.=--=------> 0.0 feet Must be > or = to min. req. treatment el.=> 46.6 feet Required minimum treatment volume=========> 486000 cu. ft. Volume at stop pumping elevation= —==____ __> 481538 cu. ft. Start pumping elev.=------- ---===----------=> 48.3 feet Must be at bottom of freeboard & 25 yr. rainfall Actual volume less 25 yr.- 24 hr. rainfall==> 598760 cu. ft. volume at start pumping elevation 590569 cu. ft. Required volume to be pumped== ==========> 118086 cu. ft. Actual volume planned to be pumped=-===_=> 109032 cu. ft. Min. thickness of soil liner when required;---> 1.4 feet 7. DESIGNED HY: APPROVED BY: DATE: 2-11(4 2dgod!� DATE: NOTE: SEE ATTACHED WASTE UTILIZATION PLAN COMMENTS: _ [�kg&�L _12ASff��L QI&A, _:SPW GA'tle" -, _ Uja-0 i x Lbw em bpps irg )A F;teM—WAc L"qsx> . MAR 06 100 09:IeRM CARROLL'S FOODS Page •1 Producer -----:F. J. Name of Farm -:PORK Location-----: 0 0 Phone--------. 0 WASTE UTILIZATION PLAN FAISON, JR PLUS County: SAMPSON P.5/9 Type Operation-------------: FEED -FIN Number of Animal-----------: 3600 Storage Structure----------: Anaerobic Lagoon Method of application------: Irrigation Amount of waste produced per 6840 tons/year Amount of plant available N (PAN) produced/year-: 12600 lbs./year The Waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This Waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall not be applied to land eroding at more than 5 tons per acre per year. Waste may be a plied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may in runoff to the surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoild drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to arowing crop or applied not more than 30 days prior to planing a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. MAR 06 '00 09:19AM CARROLL'S FOODS Page 2 P.6/9 This plan is based on the wasteapplication method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report From your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and the crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. MAR 06 '00 09:19AM CARROLL'S FOODS Page 3 YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: P.7/9 Tract Field Soil Crop Yield Lbs. N Lbs. N Month to No. No. Type Code /Acre Unit Acres Used Apply __--- -- --=--= = = =--==--= ---== =====-_ 3410 2 E NORFOLK K N/A 50.00 210 S -APRIL 3410 2 E NORFOLK B 5.2 50.00 4.2 1092 MAR -OCT 3410 2 F GOLDSBORO K N/A 50.00 430 S -APRIL 3410 2 F NORFOLK B 5.2 50.00 8.6 2236 MAR -OCT 3410 6 A GOLDSBORO K N/A 50.00 185 S -APRIL 3410 6 A GOLDSBORO U 3.4 50.00 3.7 629 F-JUN,S-N 3410 6 B GOLDSBORO K N/A 50.00 325 S -APRIL 3410 6 B GOLDSBORO U 3.4 50.00 6.5 1105 F-JUN,S-N 3410 6 C WOODINGTON K N/A 50.00 105 S -APRIL 3410 6 C WOODINGTON U 3.4 50.00 2.1 357 F-JUN,S-N 3410 6 D FORESTON K N/A 50.00 360 S -APRIL 3410 6 D FORESTON U 3.4 50.00 7.2 1224 F-JUN,S-N 3410 6 E WOODINGTON K N/A 50.00 505 S -APRIL 3410 6 E WOODINGTON U "3.4 50.00 10.1 1717 F-JUN,S-N 3410 6 F WOODINGTON K N/A 50.00 480 S -APRIL 3410 6 F WOODINGTON U 3.4 50.00 9.6 1632 F-JUN,S-N ----- ------- --------- ------ ----- ---- Total ----- 52.0 ------ 12592 ------- Available Nitrogen (includes commercial) 12600 Surplus Or Deficit 9 Crop codes: Crop -unit A-Barley-bu. B=Bermudagrass(graze)-tons C=Bermudagrass(hay)-tons D=Corn(grain)-bu. E-Corn(silage)-tons F=Cotton-lbs. lint G=Fescue(graze)-tons H=Fescue(hay)-tons I -Oats-bu . J=Rye-bu. K=Small grain(graze)-acre L --Small grain(hay)-acre M=Sorghum(grain)-cwt. W=Wheat-bu. Y=Fescue(pasture)-tons Z=Bermudagrass(pasture)-tons O=Soybeans-bu. R=Matua(graze)-tons U=Millet(graze)-tons Applying the above amount of Waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grating, hay and/or silage. where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain etc, is to be removed for hay or silage, care should be exercised not to to let small drain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of MAR 06 100 09:19AM CARROLL'S FOODS ii - I P.6/9 0 -zo cv T -A Patzte- P�.0 .5 W4 7-T 70? -'V-aCKE 13.75 LA c Cr7t /000 LW OF j.- dL- 14"A Ao, b 1 L Ao---,A Arron v 2-1 2- jq�?, 7. MAX L4&Dgjjb lit • zilij,54 EnT M. Z. 71 MAR 06 '00 09:19AM CARROLL'S FOODS 2 0 P.9/9 (To 76PSi,uoC. r-') i ;3-44 REV. Jan. 1995 Table 178. SWINE LICUIO MANURE SLURRY FERTILIZER NUTRIEHTS saeasassa --asaaeswarssasssaaa:aaasaaaaaaasssrsaaaaaa�.sesra�ssaa Type Animal- Animal Unit Manure fatal Flant Plant Total Plant Aveilabie of Unit Ecuivalent Slurry Manure Nutrient Nutrient Nutrients Nutri antsf'., Production Live Weight Storage Slurry, Availability irrigated' unit "'------------- Capacity,'* per animal Coefficients .............. inie final ammo unit/year that ft3/.........--- irrigated W lbs/ animal animal &C Owl *aa' aer , acre- unit/ ------ tbs...... unit Slats inch inch inch year .•.....•...........•..•._.........•.....w...........•.....................w......•..........__..... i•.........•:............. Weanling -to per 10 $0 30 10 1S2 .6056 k .0 a33 286 1.6 Feeder . head P203 .70 6CZ 421 2.4 rapacity 120 .70 471, 330 1.8 Feeder -to per 50 220 13t 52 751 .028 N .34 a35 2a6 7.9 Finish head P20S .70 602 4Z1 12 capacity 120 .70 471 330 9.1 Farreie=to per 433 X76 2535 .097 M .34 557 191 - 19 tiaerting.selive P205 :70 401 291 27 sae 120 .70 3144 220 21 Farrow to . 34 per S22 113 3180 .12 N . •557 ,191 22 Feeder active '20S .70 401 281'• 33 some 120 .70 314 220 =6 Farrow -to per 1441T 5" am .32 N .34 •83S am 91 Finish active PM .70 602 .• - 421 13G adw 1020 .70 471 330 • ' ' 105 ' zlefereneese�Depts of BielogicaC grid Agriesiltiital ung#neeriesg, Aruma. t Mende; North Carolina State Univbraity; Jan T Agronomic Division, North Caratina'Oeparv*nt of Agriculture �,. kiii ems 400 -lit said and boar on limited feed, 3 -Smit old wanting, SO -Lb feeder pig, 220.1b sdrket hog acid 20 pigs/saw,..E�.• 6 -with k6ontalidh of msnurei urihe, excess hater usage; does not include fresh water for flusbin8 br lot runoff. IrfiDated:• sprinkler irrigated hanure slurry uicsvered for 1 month or longer.' -• fable, M. Li ND APPLICATI01i OF SWINE LICUID MUM SIXRkT • Type - Animfl Rase- Manure Slurry Application Rate Minimum Land Area for'tturryr Application of Unit Limiting -. -------- :------- Irrigated ------- ---------- .................... irrigated -.............. ••. Production Nutrient ---------------- lbs/acre/year---------------- -.................. lbs/aere/yeer-.......... .. Unit N SO 100 150 200 230 300 . 330 400 50 lea ISO 200 850 300 336 400 P205 20 40 60 80 100 120 14a 160 20 40 60 80 100 120 140 160 1Q0 30 Ica 150 200 230 300 350 400 50 100 150 200 230 300 • 350 400 ..•.•...•..............••.•.............•..........•.••..--.w_... ._.r.... ...__............. -•--------•-------Inches/year :••••__•••••••--- •----•_ acres/animal unit---•---------. Waanting-to per N .T7 .35 •.52 .70 .87 1.0 1.2 1.4 .032 .016 .011 .0080 .0064 .0053 .00" .00:0 Feeder head P205 :047 .095.14 .19 .24 .23 .33 .38 .12 .059 •039 .029 .024 .020 .017 .015 capacity Ca .15 .30 .45•• .61 .76 .91 1.1 1.2 .037 AM .012 .0042 .00744 .0061 .0053 .0046 Feeder -to per N .17 .35 .S2 .70 .97 1.0 1.2 1.4 .16 .079 .05'3 .040 .032 .026 .023 .020 Finish head P205 .047 .095 .14 .19 .24 -28. .33 .38 .58 .29 .19 .15 .12 .097 .00 AM capacity Cd .15 .30 .45 .61 .76 .91 1.1 1.2 -la .091 .061 .046 .036 .030 .026 .023 Farrow -to per N .26 .32 .79 1.0 1.3 1.6 1.8 2.1 37.19 .12 .093 .074 .062 .053 .0" Weanling active P205 .071 .14 .21 .22 36 43 SO S7 1.1 68 .i5 • .34 .27 .23 .19 .17 sew =0 .23 .65 .68 -91 1.1 1.4 1.6 1.8 -43 .21 .144 .11 .065 .071 .061 .053 farrow -to per N .26 .52 .79 1.0 1.3 1.6 1.8 2-t .G5 .22 .15 .11 .089 .0716 .064 .056 Feeder active P205 .071 .144 .21 .28 .36 .G3 .30 .57 1.6 .82 .35 .41 .33 .27 .23 .21 sow K20 .23 .45 .68 .91 1.1 1.4 1.6 1.8 .52 .26 .17 .13 .10 .086 .074 -0616 Farrow -to per N .17 .33 .52 .70,. .87 1.0 1.2 1.4 1.3 91 61 43 36 .30 .26 IC Finish active PS -047 .095 .14 .19 .24 .20 .33 .38 6.7 3.3 2.2 1.7 1.3 1.1 .96 saw IQO .15 .30 .1.5 .61 .76 .91 1.1 1.2 2.1 1.0 .70 .52 .42 .35 .30 �azrvr---••-^ �aarragaaaar•�asaaaaQraasrmea�scaaasassaaa=:aarzaa�ssaac�saa----^-�-•--_ a�s�ars ' References: 0eots of Biological S Agricultural Engineering, Soil Science, Crop Science; North Carolina St Univ; .San 1w` " N fertilization rate should he consistent with realistic crac yield. N leaching and denit'rificstien and P2C5 sail immobitizatien unacra.+ted for. 9.NORTH CAROLINA DEPARTMENT OF No � K /�a � y� IIS, ENVIRONMENT AND NATURAL RESOURCES PN F'AYETTEVILLE REGIONAL OFFICE r V (0t 9-0 Cl? February 24, 1999 Carroll's Foods, Inc. c/o David Nordin PO Box 856 Warsaw, NC 28398 SUBJECT: Operation Review Notice of Referral Pork Plus Farm Facility No. 82-25 Sampson County Dear Mr. Nordin, On February. 16, an Operation Review was conducted on Pork Plus Farm, facility no. 82-25. This Review, undertaken in accordance with G.S. 143-215.1 OD, is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, it was noted that the bermuda and small grain had been over- appliedreater than 10% of the PAN recommendation for these crops. Accordingto Section 111.6.F. of the general permit issued by the Division of Water Quality, it staes that overs pl ing animal waste either in excess of the limits set out in the CAWMP or where runoffpen ers surface waters should be reported to the Division of Water Quality. It was also noted that the waste utilization plan for C&M I Farm and Pork Plus Farm were combined but permitted separately. You need to contact Your technical specialist for these farm sites so that he can contact Division of Water Quality to have permits combined into one permit. You need to contact your technical specialist to evaluate treatment storage (holding pond or lagoon}. Farm has a -973 lbs. annual PAN deficit based on standards for lagoon calculations. Additional land may be needed based on overapplication from previous years irrigation records. You are strongly encouraged to contact your certified technical specialistfor help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treat, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 910/486-1541 extension 292 if you have any questions, concerns or need additional information. Yc r ly, Scott Faircloth Environmental Specialist II cc: DWQ-Fayetteville Regional Office DSWC Regional Files Sampson County SWCD 228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 810-488-1841 FAX 910.4e6-0707 AN EQUAL OPPORTUNITY / AFP$RMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Facility Number 82 25 Date of Inspection 2-16-99 Time of Inspection 9:15 24 hr. (hh:mm) ®,Permitted ® Certified 0 Conditionally Certified © Registered 113 Not O erakional Date Last Operated: Farm Name: P.OrkV11xs........................... ..... County: Saanuaaju........................................... FRO ............. Owner Name: ................................................... krShip ........... Phone No: 91.0,-.293.4434 Facility Contact: Mjj:lxa4.Grajjaal.......................................... "Title: Ejuployea........................................... Phone No: 293:!343.4 ................ MailingAddress: P.G.Bmx..85.6............................................................................................ FY.axSm y..N.C.......................................................... ZU9.8.............. Onsite Representative: M10aRl,.Grallm..................... , Integrator: Carxmir..sk:uldsUg...................... ................................................ ......................... Certified Operator: pay,iiiA................................. Fahou............................................... Operator Certification Number:2,01.93..........,........ Location of Farm: ?;n;ta sa>Atnt<sx.sidse. a;.1�z.a�llxax,,..4;arils;sQut.Q.f..ixs.i�nx�xs�st�n�a.ikh.SLi t9.1 a............................................................................... .I .......................... ................................................................,.........................................,...........................................................,.,...............,.... Latitude Longitude 78 • 10 38 Design Current Swine°, Capacity Population Poultry Capacity Population Cattle . Capacity -Population, ❑ Wean to Feeder ❑ Layer❑ Dairy Feeder to Finish 6000 ❑Non -Layer ❑ Non -Dairy Farrow to Wean LJ Farrow to Fee er ❑ Other Lj Farrow to Finish Total='Design Capacity 6,000 is Total SSLW 810,000 Boars `Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area 9 t ufii ill j:iy I , Holding Ponds 1'Soltd Traps : , ' ❑ No Liquid Waste Management System Discharees & Stream 1__mpacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ®No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ® No c. If discharge is observed, what is the estimated flow in gal/min`? n/a d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & 'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (inches): ..............24::.............. .. 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) ❑ Yes ® No 116199 Continued on back Facility Number: 82-25 Date of Inspection 246-99 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 maintenancelimprovement? ® 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 maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ® Yes ❑ No 12. Crop type .... aasla].1 titxt�uda.LS"axaze).... ....... Sx>aa1ixazti. mv,rseQdd ...................... ............ ....................................................... I— 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 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 ® No 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 • No;violkions•or. dt'fieiencies"*ere •noted_ -during this visit. , You- will -receive no: farther , : : .: eorresppndence about this -visit.. According to the database, Start Date 01/01/88 Certification Date 04/04/95 7- Discharge pipes cut off and eroding inner dike wall. Extend pipes over lagoon pool area, fill, grade, vegetate affected area when agoon lowered. Remove trees required by DWQ general permit on outer corner of lagoon wall. Contact technical specialist before removing trees. 11, 22- Refer to comments on facility number 82-38. 25- According to the Waste Utilization Plan, all calculations for PAN were based on lagoons. Upon reviewing design information, Pork Plus has a holding pond not a lagoon The total required volume is 972,186. The minimum required volume is 810,000. The actual design is 766,512. Need to contact technical specialist in reguards to revision of Waste Utilization Plan. All Lld Reviewerllnspector Name =Scot r lot r�� �� r� aF ,�,r �� ., . �.�+I �1,�IiC ,� i �h €. ,� iReviewer/Inspector Signature: p4 Date: 116199 1/6/99 4 BION TECHNOLOGIES INC. BION N MSTM COST ESTIMATE PREPARED FOR: CARROLL'S FOODS PORK PLUS SAMPSON COUNTY, NC PREPARED BY: BION TECHNOLOGIES, INC. 138 UZZLE INDUSTRIAL DRIVE CLAYTON, NC 27520 March 1, 1999 6,000 HEAD HOG FINISHING FARM BION SYSTEM COST ESTIMATE Bion has determined the estimated cost to construct a standard Bion Nutrient Management System for Carroll's Foods existing 6,000 head hog finishing facility in Sampson County, North Carolina. The cost has been developed based upon the following criteria. The cost breakdown is presented on the following page. • There is one facility containing all 6,000 hogs. The flow from the houses will be lift pumped, and all flow through the system will be by gravity. • All existing lagoons or other structures can be used at the facility and only bioreactor #1 and the solids ecoreactors will need to be constructed. • The system is designed to harvest and assimilate the sludge (up to 5') in the existing lagoon. • The piping from the hog houses to bioreactor #1 is not a Bion System cost. • The piping for the recycle line from bioreactor #2 to the hog houses is not a Bion System cost. • The pumps required are the lift station to convey waste into bioreactor #1 and the existing recycle pump from bioreactor #2 to the flushing or pit recharge system. • The available power source is single phase. Earth moving cost is not calculated, and piping costs are not given since the system components locations have not yet been determined. (Preliminary dimensions have been provided.) • The earthwork calculation is based on clay liner material available on site, and a seasonal high water table depth at greater than 7 feet. The system will be installed utilizing a general contractor and/or subcontractors chosen by the producer. • Actual construction costs will vary dependent upon the local cost for services and materials. r STANDARD DIRECT COSTS - 6,000 head hog finishing facility The following direct costs estimates are for Carroll's Foods existing Pork Plus hog finishing farm. in Sampson County, Nouth Carolina. The estimates are based on the preceding design criteria and a favorable system location relative to the operation. They also assume a routine regulatory interaction. These costs are based solely on standard information and do not constitute a quotation or commitment on the behalf of Bion as to actual costs that may be incurred in the implementation of this technology at any particular site. Dirt work 15,553 yd Preliminary inside top of dike dimensions Bioreactor #1 100' x 170' x 10' (all slopes 3:1) Solids Ecoreactors 94' x 264' if 6' deep or 87' x 250' if 7' deep (all slopes 3:1 except one access slope of 8:1) 4 aerators installed $ 24,400 Lift station, electrical, and flow control structures 27,000 Floating curtain 4,500 Engineering, surveying, soils evaluation, and permitting 14,000 Concrete drying and mixing pad 30,000 Contingency and miscellaneous 9,990 Total $ 109,890* *Piping costs are not included SE1 SE2 SE3 a 5//o Pu --;e B1 Recycle B2 144 Floating ,,win,• -»r, Curtain ams 4 rM4 )5ro a Animal Houses 10-600 Lift Station Temporary Storage Area (Existing Lagoon) a 5' To Sprayf eld BIONBION TECHNOLOGIES, INC. brawn By: MPD `-- - 138 llaale Industrial Drive TM Pork Pius Clayton, NC 27520 $IOII NMS Checked B 1 TECHNOLOGIES Phone (919) 934-3066 Process Flow Diagram Sampson County, NC Date: 3/1_ / 9� N c , Fax (919) 934-5218 " � '.'S ',:, -1AMES B. HUNT, R., -&_ ,q •wP..I:•• GOVERNOR .:f• ,:�,. r wAYN IrIco6VITT t.:. SRCRETARY j•F•: a: tai"'p'A li ti ry y' . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL. OFFICE DMSION OF WATER QUALITY March 12, 1999 04 1IL41 0 13 101173105c CarrolI's Foods, Inc. Attn: Howard Hobson PO Box 856 Warsaw, NC 28398 SUBJECT: Request for Information Pork Plus Farm Facility No. 82 - 25 Sampson County Dear Mr. Hobson: This letter is in regards to the meeting that was held at the main office of Carroll's Foods, Inc in Warsaw on March 14, 1999 in which I attended concerning the Pork Plus Farm. This office was made aware of the situation concerning the waste holding structure by an inspector with the Division of Sol] and Water. As you know, the waste structure at this facility does not contain the adequate volume to be considered a treatment lagoon, thus it is considered to be simply a holding pond. This explains why the nitrogen content of the wastewater have been higher than the average lagoon. The Certified Animal Waste Management Plan (CAWMP) was written based on information for anaerobic lagoons and not holding ponds. I was informed during this meeting that Carroll's Foods is considering the installation of a Bion System on this facility, in order to correct the situation. It is my understanding that the next step in the process is to have the wetlands delineated to determine if the area surrounding the existing lagoon can be utilized for the installation of the proposed Bion System. This facility and the CB.M I Farm were permitted separately, however there share one common CAWMP and the irrigation systems for the farms are tied together. The Plant Available Nitrogen (PAN) rate for some of the fields have exceeded the limits determined by the CAWMP. The Division of Water Quality requests that the following items be performed: 1. Inform this office after the wetlands delineation as to weather the Bion System will be installed at this facility. If it is going to be constructed, then please give an approximate time frame in which the system will be completely installed. If the system is not going to be installed, then provide this office with other possible corrective measures that can be taken to resolve this issue. . 228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 910-486-1541 FAX 910-498-0707 AN EQUAL OPPORTUNITT /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER N:'�,. � •„� lid �::^ ~t '-`,-1 li '' tr, ,.b •.gip r°`; -«� li =.?.` NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL. OFFICE DMSION OF WATER QUALITY March 12, 1999 04 1IL41 0 13 101173105c CarrolI's Foods, Inc. Attn: Howard Hobson PO Box 856 Warsaw, NC 28398 SUBJECT: Request for Information Pork Plus Farm Facility No. 82 - 25 Sampson County Dear Mr. Hobson: This letter is in regards to the meeting that was held at the main office of Carroll's Foods, Inc in Warsaw on March 14, 1999 in which I attended concerning the Pork Plus Farm. This office was made aware of the situation concerning the waste holding structure by an inspector with the Division of Sol] and Water. As you know, the waste structure at this facility does not contain the adequate volume to be considered a treatment lagoon, thus it is considered to be simply a holding pond. This explains why the nitrogen content of the wastewater have been higher than the average lagoon. The Certified Animal Waste Management Plan (CAWMP) was written based on information for anaerobic lagoons and not holding ponds. I was informed during this meeting that Carroll's Foods is considering the installation of a Bion System on this facility, in order to correct the situation. It is my understanding that the next step in the process is to have the wetlands delineated to determine if the area surrounding the existing lagoon can be utilized for the installation of the proposed Bion System. This facility and the CB.M I Farm were permitted separately, however there share one common CAWMP and the irrigation systems for the farms are tied together. The Plant Available Nitrogen (PAN) rate for some of the fields have exceeded the limits determined by the CAWMP. The Division of Water Quality requests that the following items be performed: 1. Inform this office after the wetlands delineation as to weather the Bion System will be installed at this facility. If it is going to be constructed, then please give an approximate time frame in which the system will be completely installed. If the system is not going to be installed, then provide this office with other possible corrective measures that can be taken to resolve this issue. . 228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 910-486-1541 FAX 910-498-0707 AN EQUAL OPPORTUNITT /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Pork Plus Farm March 12, 1999 Please notify this office in writing on or before March 31, 1999 at the letterhead address as to the actions taken or proposed to be taken. 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 this situation. If you have any questions concerning this matter, please call Jeffery Brown, at (910) 486-1541. Sincerely, Aazcl�� Jeffery Brown Environmental Engineer cc: Central Files Audrey Oxendine - DSWC Fayetteville Office March 30,1999 Mr. Jeffery Brown NC DENR 225 Green Street Suite 714 Fayetteville, NC 28301-5043 CARROLUS FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 RECEIVED Subject: Information Re: Pork Pius Farm Dear Jeffery, MAR 3 1 1999 FAYETTEViLLE REG. OFFICE (910) 293-3434 I have received a proposal from Bion regarding the Pork Plus Farm. Dwayne Graham, Certified Soil Scientist, and I surveyed the site for hydric soils. I recently received the maps and it appears that there is sufficient land to construct the Bion System. Presently, I am preparing a design to fit the site. I am also preparing a preliminary design for a retro -fit utilizing an additional waste treatment lagoon as an alternative. I expect to present the proposals to the owners this week. A decision will be made as to what system to install. I will notify you as soon as this is done (hopefully in the next two weeks). Please give me a call if you have questions or need additional information. Sincerely, Howard L. Hobson, Technical Specialist Carroll's Foods, Inc. cc: Don Butler June 28, 1999 Mr. Jeffrey Brown NC DENR 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 CARROLL'S FOODS, INC. P. O. Drawer 858 WARSAW, NORTH CAROLINA 28398 Re: Options being considered to address situation at Pork Plus farm Dear Jeffrey: RECEA/PD "IV 2 9 1999 EFFICRGOE Attached please find a memo which has been presented to the owner of Pork Plus. The memo outlines several different options, all of which have pluses and minuses and all of which are expensive. Additionally, we have had discussions with an engineering company named Environmental Resources Management. They are in the information gathering stage and they are interested in presenting their proposal to address the Pork Plus situation. We will advise you regarding the decision making process. If you have any questions regarding the attachment please feel free to contact me or Howard Hobson. Sincerely, Don Butler Director of Public Affairs DB:cs Attachment cc: Sonny Faison Bob McLeod Dexter Edwards Howard Hobson M E M O R A N D U M DATE: June 25, 1999 TO: Sonny Faison FROM: Howard Hobson Bob McLeod t 4`'",— Don Butler Dexter Edwards RE: Waste management alternatives at Pork Plus "The waste structure at Pork Plus does not contain the adequate volume to be considered a treatment lagoon, thus it is considered to be simply a holding pond." This quote is from a March 12, 1999 letter from DENR. Previously the Waste Utilization Plan for C&M I and Pork Plus had been written as a combined plan to allow flexibility in application. Two separate plans have been written to prevent C&M I from being out of compliance. In order to continue operation Pork Plus must either make changes to its waste treatment system or reduce animal numbers. We have investigated several possible alternatives: Option 1 — Addin4 additional conventional treatment lagoon capacity • clear 3.8 acres of non -wetland for construction of a new 704,955 cubic feet- lagoon • remove sludge from existing lagoon ($75,000) • install lift pump to move waste to new structure ($15,000) • utilize all available existing spray fields on Pork Plus side of the paved road plus 45 acres additional land (clearing and irrigation - $90,000) • estimated cost of lagoon and piping is $67,000 • total cost estimate is $247,000 Pluses for Option 1 ✓ it adds to a system we know how to manage ✓ generally speaking, it is a one time capital investment ✓ on-going operating costs are minimized ✓ it is less expensive than other options to construct ✓ this system can be done under current laws Minuses for Option 1 -- lagoon systems may or may not be phased out by new regulations if lagoons are phased out, existing facilities would have to be properly closed - - additional spray fields will have to be developed Option 2 — Install new BION Waste Treatment System • construct several new earthen structures for various components of the BION system • enter into agreement with BION Corporation to move treated material from the farm • utilize portions of existing waste storage pond as part of a BION process • the approximate cost of a properly sized BION system is $143,000 -- this figure would increase if clay liner material has to be imported or if there are water table limitations Pluses for Option 2 ✓ BION system would reduce acreage requirement so that no additional spray fields would have to be developed, however, the existing sprayfield is often saturated during the winter months and may not be able to receive treated effluent ✓ BION is a relatively passive system to operate ✓ there appears to be an odor reduction benefit to this system ✓ sludge in existing pond can be processed through this system ✓ no new land would have to be cleared Minuses for Option 2 it requires reliance on non Carroll's people to dispose of treated material - the long term success of this system is contingent on developing markets for treated BION material there are ongoing energy costs with this system plus periodic replacement of motors, etc. - initial capital costs are higher than Option 1 - current land application costs do not go away Option 3 — Install waste treatment system by Waste Technical Services • construct a "package plant" to treat all the waste from 6,000 hogs • enter into a management/maintenance agreement with licensed waste treatment plant operator to manage the system • utilize existing waste storage pond for storage of treated effluent • projected capital cost is $179,900 • projected operating cost are $19,543 per year (electricity, maintenance and operator) 2 ' Pluses for Option 3 ✓ system is relatively compact (less than % acre) ✓ clearing the adjacent 4 acres of woodland for lagoons not required ✓ system greatly reduces amount of land required for disposal of treated effluent ✓ treated effluent can be used to wash houses thus greatly reducing water usage at the farm ✓ is considered an "innovative system" thus not subject to purchase ban for violators contained in Smithfield Tar Heel plant permit Minuses for Option 3 - the system is more expensive initially than other options - the system has not been demonstrated successfully on a commercial scale farm (first system is just coming on line) - Waste Technical Services is a start up company whose future success is tied to the fate of these systems - this system is mechanical and energy dependent - current land application cost of effluent does not go away Option 4 — Kew Existina_Facility "As is" • reduce animal numbers to 3600 (the existing lagoon is sized to accommodate this volume) • sludge build up must be reduced or removed to create space for anaerobic treatment • sludge removal cost is estimated to be $75,000 • add 4-5 acres additional spray field with irrigation Pluses for Option 4 ✓ capital outlay is minimized ✓ farm may be brought into legal compliance more quickly than other options Minuses for Option 4 - obvious reduction in revenue potential for the farm -- additional land will still have to be added to waste utilization plan to accommodate the 3600 head farm - sludge will still have to be removed from existing system These options have been investigated and cost estimates obtained using the best available data. Actual costs of any option may vary due to unanticipated soil, weather, or other conditions. 3 July 27, 1999 Mr. Jeffery Brown NCDENR 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Subject: Pork Plus Retro -Fit Dear Mr. Brown, CARROLL'S FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 283$8 `'It 3 0 1999 �C EVILLE OFFjCE 434 This letter is to inform you of the progress on Pork Plus. As mentioned in a previous update, I have discussed the project with several companies. One company, Environmental Resources Management (ERM), is still putting together a proposal. Based upon many considerations including the known and unknown, I am leaning toward a retro -fit that will consist of a new anerobic waste treatment lagoon and additional spray fields. Presently, the farm is being surveyed for the additional land requirements. The new lagoon design will be under the supervision of an engineer and will meet the latest NRCS standards and specifications. Wetland areas have been flagged and a detailed soils investigation will be scheduled. Please give me a call if you have questions or suggestions regarding this project. care ded Division of Soil D.Dtvysion of Soil 'Di'vision of Wal - 90era66n Re i jWater ation-,Operat I, •, � S7 I L(P Routine _()Complaint Q Follow-up of DWQ inspection Q Follow-up of DSWC review 0 Other Y IYIYI WYIIIYIIIIIIIIIIIIIYIII�IY I I IYYY�IIIIIIIIIIIII/ Facility Number Date of Inspection Time' of inspection aZ : 24 hr. (hh:mm) Permitted 0 Certified [3 Conditionally Certified © Registered © Not O erutional Date Last Operated: Farm Name: .................... PPA ......r..!.far................:........................................ County:.............. Tfl�'?.[!f......iLC1..f................. Owner Name: .........!Tirol/ �5........ t�4;.,t. ........!u7� fl r5.1�.%. ........ Phone No:..................1./.d............................................ '1............ FacilityContact: ............... &.fl.id....Ne.d..................Title::............................................................... Phone No: ................................................... Mailing Address: ................. ....b.x.....4�.��...:.............................................:. ...:.:....:......:..�a:r,�.�.w ...I v.e...,:....:..... .....��...°3r�...... A' Onsite Representative:......... AivJ A � Integrator, ........ G{ I rs r f � r ............I.......................................................... .....: Certified Operator: ............... bLyi A.... 5,(,5a.'1............. ........ Operator Certification Number: Location of Farm: A ..................................... I ...... .................. .......................................................................................................... Latitude 6 =11 Longitude ' ' 44 °Design Current VDe Swine Capacity Po ulation Poultry , Cap' -. R' E ❑ Wean to Feeder Feeder to Finish titGt� ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts( ❑ Boars ❑N �k 0 Current , Design Current Po ' u.lation Cattle' Ca aci ..Population ;;' ❑ Dairy ❑ Non -Dairy Total Design Capacity r Poo 11t Total SSLW FE : i F i,E, : t, ; • - I E� l ❑ Suhsurface Drains Present ❑ Lagoon Area Spray Field Area Ntimberlof •Lagoons,, �, ! K ❑ p Y 1 ! iHoldhi.jWn..d, !,,Sol ..wid.,°T,.rap.s .. ...... .. . No Liquid Waste Management System 1 ". .�. Li+',f;EY : i 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 [nan-made? b. If discharge is observed, did it reach Water sof the State'? (If yes, notify DWQ) c. If discharge is observed, what is the estimated now in gal/min? d. Dies 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 ❑ Yes Vo ❑ Yes M No ❑ Yes OdNo IJ k ❑ YesNo C]YesINo No El Yes ❑ Yes No Structure h Identifier: I Freeboard(inches): ............. .�r........ ................................... ........... ......... ........ ........ ................................... .............. I.................... ................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ YesNo seepage, etc.) 3/23/99 Continued on ek Facility Numher: Dale of liispeetion IF t 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan?❑Yes kNo (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 adequatc, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes E�No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes X No 11, Is there evidence of over app ' •ation? ❑ Excessive Ponding PAN Yes No 12. Crop type S r� 13. Do the receiving crops differ with those designs d in the Certified Animal Waste Management Pla (CAWMP)? ❑ Yes XNo 14. a) Does the facility lack adequate acreage for land application? WYes ❑ 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 V No 16. Is there a lack of adequate waste application equipment? ❑ Yes [ZNo Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes k1No 18. Does the facility fail to have all components of'the Certified Animal Waste Management Plan readily available? VT (ie/ WUP, checklists, design, maps, etc.) ❑ Yes No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes [)fNo 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 Iv C]No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes JVNo 24. Does facility require a follow-up visit by same agency? ❑ Yes XNo 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? es ❑ No ' N+ iol'aiiols'or dtfcatendb,s -*pre )nAfpd• 00ti ft 4:his,visit; y0if 'Will •reeiye 06cu corresnoricience: abou this visit. .................................. . L;�.,...; v �. ,� a 1r. p � ,,� � �► � ct�� ��t,,,�. -� stM,tfX - Ptd P� � a 5- e 4wmP c4 -m . Reviewer/Inspector Name k #; Reviewer/Inspector Signature: Date: i'- 4F •- 3/23/99 Facility Number: Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or belowYes ❑ 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) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Ye's No 34. 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.) ❑ YesrN o 31. Do the animals feed storage bins fail to have appropriate cover? El Yeso 32. Do the flush tanks lack a submerged fill pipe.or a permanent/temporary cover? ❑ Yes ❑ No 'Additional! omments an or ruwrrt ; y i o , , } 1. t I ,.:, .. . ,..� :� . ..., ... .: :.... ..: ...... 6`s, .. ... .. . r :`'u. t 11 . � i. ,i oZo� • I rlv GCiiQ t�G,o !?�' /ZoTr ave/ - '� �. 7 -Ac L'hw t'r C44- IL PM b A c,,,,J ttl* a Cul air . D 1sc�Ry V l 1� YYY 3123199 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY DIVISION OF WATER QUALITY August 18, 1999 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION Permit Nos. AWS 820025 & AWS 820038 Pork Plus Farm and C&M I Farm Facility Nos. 82 - 25 & 82 - 38 Sampson County Dear Mr. Faison: . 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 August 4, 1999, the Division of Water Quality at the Fayetteville Regional Office conducted a routine inspection of the Pork Plus Farm and the C&M I Farm located in Sampson County. There were some bare spots observed on portions of the lagoon dikes at the Pork Plus Farm. Some minor erosion was noted in the spray field directly behind the lagoon on the C&M I Farm that needs to be addressed before the problem worsens. A review of the irrigation records indicated that both the coastal bermuda and the small grain overseed Plant Available Nitrogen (PAN) rates had been exceeded greater than 20%. At that time these facilities, although permitted separately, were being operated as one farm. However, now each facility has its own separate Certified Animal Waste Management Plan (CAWMP). The General Permit in condition III.6.f states that "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: (f) OverappIying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". It appeared that the acres used to calculate the irrigation PAN balances did not match the acres for each field as P.O. BOA 29538, RAL[IGH. NORTH CAROLINA 278$8.0835 PHONE 919-733-7015 FAX 919-733.2498 AN RQUAL OPPORTUNITY / APPIRMATIVR ACTION RhIPLOYER - 50% R9CYCLGO/TO% POET -CONSUMER PAP[R Page 2 Pork Plus & C&M I August 18, 1999 as specified in the CAWMP. It was noted from a review of the CAWMP for the Pork Plus Farm, that the farm failed to have the required acreage for the land application of the waste generated at this facility. The CAWMP reflected a surplus of 1208 pounds of PAN. The CAWMP was written based on the values of a lagoon, however it was determined in March of this year that the lagoon did not contain 100% treatment volume. Therefore, the CAWMP does not take into account the true value of the amount of PAN being generated at this facility. The irrigation records indicated that the PAN limitations had almost been met across the entire farm. Once the PAN balance has reached zero on the coastal bermuda, the farm will only be allowed to apply 50 to 100 lbs. (whatever the CAWMP specifies) of PAN on the small grain overseed. It does not appear that the farm will be able to operate with such a small PAN balance on the fields throughout the winter with the waste structure at the level (24") it is currently at. Carroll's Foods was made aware of the situation in February 1999 and it appears that little has been done in order to get the facility in compliance with an adequate CAWMP and the General Permit. The Division of Water Quality requests that the following items be addressed: 1. Establish a grass cover on all areas of the lagoons to prevent erosion. 2. Consult with a technical specialist in regards to correcting the erosion problem noted in the waste application field directly behind the lagoon on the C&M I Farm. These areas need to be shaped and stabilized to prevent further erosion. 3. Comply with the CAWMP and the General Permit when applying animal waste using the correct PAN rates as specified for each crop. 4. When calculating the irrigation records, the field size used should coincide with the size of the field as specified in the CAWMP. 5. Provide this office with a detailed plan of action as to where the wastewater from Pork Plus will be applied once the PAN rates have been met for the current fields in order to prevent any future over application. 6. Provide this office with a detailed explanation as to why no further efforts have been made to correct the situation with the waste storage structure at the Pork Plus Farm. It has almost been six months since Carroll's Foods was first made aware of the situation. 7. Adhere to all of the General Permit conditions. 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. Page 3 Pork Plus & C&M I August 18, 1999 PIease 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 $10,000.00 per day per violation. Please provide a written response to this office on or before August 31, 1999, regarding corrective actions taken or planned. 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. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Howard Hobson - Carroll's Foods, Inc. 174 %21 August 27, 1999 Mr. Paul Rawls Regional Water Quality Supervisor Wachovia Building, Suite 714 Fayetteville, NC 28301 Dear Mr. Rawls: Cs3 m r~..d t Sc a� -e%�e-�. &J c►s�,.� -g� tat C,,,c� b , -(,e 0a0 -.e, CARROLUS FOODS, INC. e- U P. O. Drawer 656 WARSAW, NORTH CAROLINA 26ECEIV E Reference NOV dated August 18, 1999 the following items are addressed; A EJ G 3 c 1999 FAYETTEVILLE REG. OFFICE" 1. All bare acres of the lagoon berm will be tilled, limed, fertilized and seeded. This will be accomplished no later than September 15, 1999, 2. The technical specialist recommended that topsoil with bermuda grass turf be placed in the eroded areas. This will be accomplished by September 13, 1999. 3. PAN rates specified in the CAWMP will not be exceeded for the current and succeeding crops. 4. The acres in the irrigation records have been updated to reflect the wetted acres as noted on the CAWMP. 5. See attached letter. 6. See attached letter. 7. All General Permit conditions will be adhered to. Sincerely, G -y - R ` W.R. McLeod Environmental Vie& Manager WRM/cs August 27, 1999 Mr. Paul E. Rawls Regional Water Quality Supervisor Wachovia Building, Suite 714 Fayetteville, NC 28301 Dear Mr. Rawls: CARROLL'S FOODS, INC. P. O. Drawer 858 WARSAW, NORTH CAROLINA 28398 RECEIVED Ai' p, � u 1999 FAYETTEV1Li.F: REG. OFFC2: Please find attached documents which address items 5 and 6 contained in NOV dated August 18, 1999. As you can see we have a fast tract schedule to construct a new lagoon at Pork Plus. We had hoped to identify an alternative treatment system to the lagoon and spray field. However, as you are aware these alternatives are not proven technology and are difficult to get permitted. At this point we really have no choice but to move forward with what we know — this is the lagoon system. We trust that you can appreciate our predicament of being torn between putting in a lagoon system that is under threat of being phased out, but not having a proven replacement which we can get permitted. Sinter , F. J. Faison, Jr. President Attachments FJFIcs CARROLL'S FOODS, INC. P. O. braver 858 WARSAW, NORTH CAROLINA 28398 (910) 293-3434 August 24, 1999 MEMO TO: F. J. Faison, Jr. FROM: Bob Mcleod and Howard Hobson SUBJECT: Proposed time schedule for construction at Pork Plus in response to Item #5 of August 1$, 1999 NOV nF I E C ;�h _ August 30-Sentember 3 AUG ) G 1999 - Remark wetland boundaries FAYETTEVlLD'' - Contract with land clearing company REG. 0F' -)C+ - Begin land clearing for a retro -fit anerobic waste treatment lagoon - Contract with engineering firm for design, construction and permitting - Contract with Soil Scientist to map wetlands for additional spray field - Contract with Land Surveyor for topographical map and construction check September 6 -September 10 - Complete land clearing for retro -fit lagoon - Start land clearing for spray fields September 13 - September 17 - Complete soils investigation - Complete topographical survey - Start design of system Sentember 20 - Sentember 24 - Complete design - Stake out anerobic treatment lagoon - Begin excavation of lagoon September 27 - QCjob@r 1 - Construction of lagoon - Construction and installation of lift pump October 4 - October 8 - Complete construction - Install lift pump and discharge pipes to the new lagoon - Take Permeability samples to S&ME - Seed lagoon slopes and dike - Seed new spray field with small grain - Surveyor completes construction checks VVI ..: a ..: - Meet with Engineer for construction certification - Install lagoon liquid level indicator - Agitate and transfer lagoon liquid from Pork Plus lagoon to new rertro-fit lagoon It is anticipated that the existing spray fields in the WUP will be adequate regarding PAN rates if the above schedule is met. If the PAN rates are reached prior to transfer to the new lagoon, the nutrients will have to applied on other land owned or controlled by Pork Plus. If needed, a Waste Utilization Plan will be prepared for this temporary application and the waste will be analyized. Once the new lagoon is seeded with waste from the existing lagoon , anerobic activity should increase and the nutrient analysis should return to normal PAN by next Spring. The new spray fields will be established in coastal bermuda and an Irrigation plan prepared and installed,. Item # 6 Attached are 2 letters to DWQ giving an update on efforts to improve the waste management system at Pork Plus. Several years ago, the decision to retro -fit with an additional waste treatment lagoon would have been easy and the work would be complete today. The new rules, regulations, and threats of lagoon closure made the decision very difficult. In order to improve the situation in the best environmental and economical manner, several alternative treatment systems were considered. It has taken time to meet with 3 different companies and review their proposals. The companies submitting proposals were BION Technologies, Waste Technical Services, and ERM (Environmental Resources Management). Upon reviewing the above proposals, the decision has been made to construct an additional waste treatment lagoon and additional spray fields. The additional land treatment area had to be surveyed and routed through -the normal real estate transactions. This is complete. The area for a new lagoon had to be surveyed and flagged for wetland. This is complete. A time table has been prepared and work will begin shortly. October 12, 1999 Mr. Paul E. Rawls Regional Water Quality Supervisor Wachovia Building, Suite 714 Fayetteville, NC 28301 Dear Mr. Rawls: CARROLUS FOODS, INC. P. O. Drawer 858 WARSAW, NORTH CAROLINA 28398 (910) 293-3434 RECEIVED G C i 13 1999 FAYETTEVILLE REG. OFFICE Please find attached a revised schedule of construction for Pork Plus. If you have questions regarding this matter, give me a call. Imo. arson, Jr. President Attachments CARROLL'S FOODS, INC. P. 0. Drawer 858 WARSAW, NORTH CAROLINA 28398 (910) 293-3434 October 11, 1999 MEMO TO : F. J. Faison,Jr. FROM: Bob McLeod and Howard Hobson SUBJECT: Revised time schedule for construction at Pork Plus due to effects of Hurricane Dennis and Floyd Prior to the recent hurricanes, equipment had moved onto the site and land clearing had started. For obivious reasons, this activity was curtailed. Presently, the contractor is monitoring the site and plans to complete the clearing phase as soon as possible. With this in mind, we have revised the construction schedule as follows: October 11 -November 1 -Complete land clearing November 1-5 -Complete topographical survey -Complete soils investigation November 8-12 -Complete design for Engineers review Noyember__15-19 -Engineers review of design and instructions regarding construction November -22-25 -stake out farm -start construction of waste treatment lagoon E November 26 -December 10 -complete construction -permeability tests -construction checks -establish temporary vegetation -complete certification forms and mail to DHNER Schedule for clearing additional spray fields has changed due to possibility of purchasing the adjacent 300 acre farm. Currently, land and timber appraisals are being carried out. If purchased, the Waste Utilization Plan will be revised, wetlands will be flagged, land will be cleared and crops/grass will be established in the Spring and Summer of 2000. CE Q V :i V) 1-1 iv m G G Cu N N Form IRR -2 REPORT DATE 1/19/2000 FARM V 1 Fel # F Fields Sloe (arms) _ (A) Lagoon Irrigation Fields Report One Form for Each Field per Crop Cycle COOMPUM I I. FAM OWNER: inion Operator WA Owners Address P O Box 856 :7 IfigaOan Operas anraw NC P7M Address Owners Phone # (910)-25:' ,W4 Operators Phone 9 Fmm Waste Utfizahm Ptah Crop Type BERMIRRYE1001 Reoommended PAN 372 260/112 1mdla0 JOISlarsel = ral 1 4 (e) i 11 First 11) Double Crop Date stint End Total # of Sp kdders Flow Rate Total Volume 1leftu m Waste Arridysis PAN AppOed nm*WVyr Tune 7km Mnutes Opera" perAcm PAN N Vm Balance (amfi [e) Mb)gan 8aWme (tbslm e) (gaMb) W ) &V=e) (tba11000gal) pbstme) (3)-(2) (5pgSX4) 7I see (9) Bebw 000 Before 10/01/1999 -Sea 0 t Bow After 10101/1999 *yes (11) Below 31M8199 0 4 240 1 225 54,000 12857 4A0 56..6 + 203 . f 112 4/15!99 5O 54 240 1 225 54AW 12,857 4.40 56.6 + 147 + 112 SM2199 96 98 120 t 225 27,000 6,429 4.40 29.3 + 118 + 112 7rMM 5669 5673 240' 1 390 79.2M 18,867 440 83.0. + 36 + 112 8/17189 2517 252.3 360 1 20.5 73.800 17,571 140 24.6 + 11 + 112 BMW 2526 2579 180 1 330 59,400 14,143 1.40 19.6 49 + 112 r*21/99 2528 2530 60 1 330 19,800 4,744 140 6.6 45 + 112 92299 2533 2534 so 1 330 19,800 -4.714 1.40 fib -22 + 112 gr=99 2538 2540 120 1 330 38,600 8,429 1.40 13.2 -35 + 112 928199 2548 2551 180 1 205 36,900 8,788 1.40 12.3 -46 + 112 10!199 258 2581 184 1 20.5 36,900 8,788 1.40 12.3 -08 + 112 108199 2570 257:; 18O 1 205 38,900 8,786 1.40 12.3 46 + 100 10099 2578 2582 240 1 205 49,MO 11,7t4 1.40 164 48 + 83 1oISM 2592 2595 lea 1 205 36,900 . 8,786 IAO 12.3 48 + 71 1Orem. 2595 2598 180 1 205 36MO 8,785 1.40 12.3 -08 + 59 11/8199 511 514 180 1 330 59,400 14,143 1.40 192 48 + 39 12!8199 536 541 300 1 205 61.500 14;643 1 AO 205 -48 (9) NCDA WBsieAnitysis or EgLdvda t or NRCS EsUmista, Tedmical Guide Sedimr 633 (11)Erderltme value mdevW by aftacft mum (10) km (B)Collnue - stOrmc hg duan (10) farm cchann (11) fo9ming each event. 1 of 2 Owners Saxe Caddied Oper"(prb* Operators S(g Oho Foran IRR -2 REPORT DATE: FARM # / Field# m Fields She (acres) = (A) FARM OWNER: Owner's Address F 0 J J O Q V 37 IFS 4 I m m M N ru N of Cr Owners Phone 6 Lagoon Irrigation Fields Report 1n9r2aoo One Form for Each Field per Crop Cycle r -'G �Z • . - .� . COGMPUM [ Crop Type BERANRYE1001 Recommended PAN Loadtre = 372 260M 12 (1) (2) (3) (Sj (e) (10) 11 Fust Crop (11) Double Crop Date mn lddfyr Start Time End Time. Total # of SFkddem mbwtas Operaft flow Rate Tatal Volume Voltmve per Acre Waste Analyals PAN PAN Applied Nttnogen Baianaa (lbsfacre) Nitrogen Balance Obaftme) (gaYm1n) (gallons) (g*acre) 71(A) Qbs11000 gal) See (9) Below p mMae) 000 Before 1010111999 -See (11) Betaw Ager 1010111999 -see 11) Below 114100 9B9 1 573 240 1 7l5 54,000 12,85! 1-40 180 -48 t 0 H0URs L ff-T To PUMP OA BeRo[a 10!0111999 aRMFMWUSM CROP CYCLE TOTALS CURRENTSAMPLEMrALYM 1 0.1 After 10!0111999 —H0U tS LEFM PUMP - cautaan .hold b.trloeo when wdnp 1MS es5rrsta o:1taMr=c m mo! This is at eeftam sod lada6 smeh =&—gas to W..W.0 �dRu�dlans in moon (sspe�lh dnrinq minter enaams} acyom dm bs moon•etl Fab" to savwtorsuch d - aae ears am appacaffmd (9} NCDA Waste Anatysls or EquhWa t or NRCS Estimate, Ted cW GuMde Section 633 (11)Er terlhe valve na ;In, P by subbacg rmhrmn (10) fmrn (B). Cmem ed mn (M) fwn Cat= (11) fdwft each higdm event. Zof2 owners SW atm Cerlffed Opendor {PririR) Opmftft Str>atme v fl_ L m O z C] 0 0 tl U1 J J 0 Cc C_1 E uJ r, (V ED ED ED ru tV N iY Form IRR -2 Lagoon Irrigation Fields Report REPORT DATE: 1/19/2O00One Form for Each Feld per Crop Cycle FARM # 1 Ftetd # Park Plus 2-F Fbdit Size (aaes) _ (A) 8.50 (1) (2) (3) (7) - (8) (9 10 11) Fkd Crop 11) Double Crop Data - Start End TOW -#af Sprhkkru Flory Rabe TatM Vd=e Vdume WasteAnaWs PAN Applied mmldd* Time Time Lemiles OperatIng perAcre PAN MWm 6aWm Pshere) MftW Balance ontacre) Wd ft" ( WWm) (gal/acre) W00D gal) pdsfacre) 71(A) See (9) Below (8 XMMODD Before, 10ID111999 "See (11) Bebd Atter 10101/1999 -See (11) Below 312199 2443 2448 300 1 225 67,50D 7,649 440 345 + 225 + 112 4114199 46 49 too 1 225 4%W0 4,709 4.40 20.7 + 205 + 112 4115199 49 50 60 1 715 13AM 1,570 4,40 69 + 198 + 112 5111!99 89 96 42D 1 225 94,500 10,988 4.40 48.3 + 149 + 112 7/19199 5662 5669 42D 1 330. 136,600 16,116 4.40 709 + 79 + 112 9mTM 2523 2524 60 1 205 12,300 1,00 1.40 20 + 77 + 112 9 2OM9 2524 25M, 120 1 330 39,600 4,605 1.40 6.4 + 70 112 9!27199 2530 2913 ISO 1 330 59.400 "6,907 1.40 9.7 + 60 + 112 8123159 2534 2538 240 1 330 79,200 9,209 1.40 129 + 48 + 11.2 912419 25544 2548 240 1 330 79,2D0 9,209 1.40 129 + 35 + 112 9126199 2551 2 240 1 205 49,200 5,721 1.40 8.0 + 27 + 112 9✓2m 2555 2558 180 1 205 35,900 4,291 1.40 6A + 21 + 112 9130!'99 250 2565 120 1 205 24,600 2,860 1.40 4.0 + 17 + 112 1011/99 250 2566 18D 1 205 36,900 4.291 1.40 6A + 17 + 112 1012/99 25M 2578 30D t 205 61,500 7,151 1.40 10.0 + 17 + 102 t014199 25W 2589 180 1 205 38,900 4,291 1.40 6.0 + 17 + 96 10f5W 2589 2592 180 1 205 36,900 4291 1.40 6.0 + 17 + 90 (9) l+i= Waste Analysts or E**fAenior MICS Es*nft.Te&AW Grade Sed10n fm owrlaf's Soubre (Sl)Eiderdw vdm meckm d by 1 1 9r 9 column (10) tram (S). Cantfrue cer69ed op waor (PrfriQ =Mrddft 001cnn (10) form CdXM (11) Ub l g each hWW Went. operufs Swnsu¢e 1 of 2 Form IRR -2 REPORT DATE: FARM S I Reld# Fields Ste (acres) _ (A) FARM OWNER: Owme{s Address LO Owner's Phane 9 r, CD 0 Crop Type iD CD lD N N CE N Lagoon Irrigation Fields Report COOmmc 11 1 Fmm Waste UhTratlon Plan SERWRYE1001 Re�ended PAN 372 2601112 Load rm (awacra) = [S1 (1) (2) (3) (4) (5) m(7) (6) (9) (10) (1 1) FW Crop (11) Double Crop Date mnUddyr Start Tense End Time Tate) Mlnnas # of Sprinklers Opembg Flow Rate Total Volume Vd me per Acre WastaAnaWs PAN PAH Apptled Nitrogen Batance (Rwacm) Ndrogen Balance pwacre) (galfhdn) (gallons) ( (5)x( (galfacre) 7/(A) (lbs11000gal) See Belwn► (bs1acm) (8XQ)R 0OD Before 10MI119M •Sen (11) Below Alter 1001/1999 -See 01 Below 10/11189 2605 2607 120 1 33D 39,600 4,605 1.40 6.4 + 17 + 84 1111199 SD3 507 240 1 330 79,200 9,209 1.40 129 + 17 + 71 1115199 507 511 240 1 330 79,200 9.209 1.4D 12-9 + 17 + 58 1219199 541 544 180 1 205 36,900 4,291 1.40 6.0 + 17 + 52 1r3100 568 568 120 1 225 27,0W 3,140 1.40 4:4 + 17 + 47 FIOUR.SLFFTTOPUMP i,i Q1.1UG yl4 1LMUPM&Um=ky Oarr�r11mmWUsmWm TA Beiure 10107n999 CROP CYCLE TOTALS ncrrargrr>i alRr xrsriMPrl=risinLrsss 2us Atter LIMMSM "- FKRMS LEFT TO KIW Rnn usiq) this its as It amm-c .- mel Wa Fs an est, and fl . - , r suds csc 1R appEcmaon nmff (gpm) and em4m* WPaa+aIly during Wk tr me lbs) may cause Rmba11 Fabrsmegowlkwauch I -es ranumumamrappGc2am l (9) NCAA Waste Analysis or EgWmdand or NRCS Esmnalq Team W GM9 Sedfcn 633 Ownees Sbnahn (11)EntW the tier m l - , d by su6tladln9 eok= (10) from (B). Ca *m Certiined Operalm (P" atbactIM aoturnrl (10) farm mfumrf (11) f+ &mlrlg each l 190a l event. Ope aws Siahsre 2of2 a r Form IF21! REPORT DATE: FARM # 1 Field # >'telds Sias (acres) = (A) FARM OWNER: Owners Address Owners Phanell! Lagoon Irrigation Fields Rem 3/7/2000 One Form for Each Field per Crop Cycle 'FINAL REPORT FM THIS FIELD ___.-----___-- COMPLEX: 11 Crop Type I L L MILLET/RYE RecourmdW PAN I Loa = (B r 245 VWS (1) (2) (3) (4) m (B) (9} (10) (11) Fhe Crop (t 1 Double Crap Data mmlddlyr Start Tune End Time Tot wmdes of Sprk*Ws Operafing Flow Rail ToW Volume Volume perAcm wasteArr ipb PAN PAN Applied Nitrogen Balance (Axsfacre) Nitrogen BaWm (lhsfacm) (gaf h) (gedlons) (6)x(W (gaVacre) 7 (lbs110Wgal) See (9) Bdm (UWacre) )11000 Before 10101!1999 `See 11 Below Ager 1010111M 'See (11 ) Below &SW 5707 5710 . 180 1 330 59,400 16,054 2.80 46.F + 123 + 75 W13f99 299 25M 60 1 205 12,300 3,324 280 9.6 + 1114 + 75 1200 533 we 180 1 275 40,500 1%946 1.40 15-3 + 114 + 60 114100 571 120 1 330 39,600 10,703 1.40 ISM + 114 + 45 HOURGLE rTo aNENI EMMUSElICi7ME cuerr9n&mw Fawnuv= 15.2 Before After 10f01Ham IGOV11 9s 151, CROP CYCLE TOTALS 1 NuiWBirNew ��rsm rrrraa�s s.a —HOURSLEFT 70 --c r 1. - a,[O. irl�i �i �[105�Iii�mld IS zzub 1s changes in mypS=tkm nd}S(Zprr4 and fluctlaoms m1291 cespeaduvd{QSIg—taf•..."do pity rmm 1tm bek,mnecd rakes m afmwf& such dams can eauas cmwap na (9) NC0A Wsd&Anatysts or EgWvalerd ar NRCS fstir m1k Tedvwd Gufde section 633 (11)Errter the value m*ved by sutmfing cafurnn (10) born (B). Coffm:e subbac ft column (10) form cdhmm (11) follawtng each bdga*m event. 1 of 1 Owners Signahoe Certified Opardw (PrbM Operators 5*ohIre 00 C: O O J J O EY Q E N t) .m m O N N N Form Irw REPORT OATS FARM # I Field # Relds Size (acres) = (A) FARM OWNER: Ownees Address Ownefs Phone# Crap Type Lagoon Infgafion Fields Rem 317120GO One Form for Each Field per Crop Cycle COMPLEX: 11 17WS (1) (3) (4) (6) (7) (8) (9) 10 (11) Fast Crap (11) Double Crop Date slant End Total # of Sprini m Flaw Rate ToW Volume Volume Waste Analysis PAN Applied mrNddfyr Tore Imre Mfnu6es Operating per Acre PAN Nlhngfar Balance (Macre) Nitrogen Balance {Macre) ( koro) (dear) (gaVacm) (MWiOQ0gal) (Macre) 4 7 See (9) 8dow (8)1(9)11000 Before 101!!111999 -See(11) Below Atter 10101/1999 -See 19 Below 614199 5621 5826 300 1 330 99.000 15,231 440 61.0 + 103 + 75 6114% 5637 5640 180 1 330 59,400 9,138 440 402 + 63 75 6n4199 5540 5643 180 1 330 59,400 9,138 4.40 40.2 + 23 + 75 11112199 517 521 240 1 225 54,000 8,308 1.40 11.6 + 23 + 63 11/16199 522 523 60 1 215 13,500 2,077 1.40 2.9 + 23 + 60 11/17/99 523 526 180 1 225 40,500 6,231 1.40 8.7 + 23 + 52 1219M 544 547 180 1 20.5 36,900 5,677 1.40 7.9 + 23 + 44 1/4100 573 575 120 1 225 27,000 . 4,154 1.40 5.8 + 23 + 38 tow" LEFT TO PUMP M Before 10101 n 999 ' ' ��' TC4 faincE r rumCM BMRE FMD USM TTM CROP CYCLE TOTALS ) WARE rr EXCESSGURRf3rrsAWL MALYSM After I 10101n999 -- HOURS LfFr70 PUMP' . mmr. This m an esdm2t& mW fsctom mach as c w Mr -s in appOciom I i (pwd end euchaftes''goon wmfpft (espac4ft during waif .,00 � may cause dtobexartecdFWur Waffowfor such ctoges Gan amwww-spglfraU=sl (9) NCDA Wastie Anaipsis or Equivalent or NRC$ Esumate. Technical Glade section 633 (11)1=rder the vswe mcimw by abkmttng oofrtmn (10) ttom (B). Corm suNrac" cahtnln (10) form colLmm (11) foRowing each b,WW event. 1 of 1 ownefs sigrmhae Ce[6iTied Operator cam) Operatafs swab" i ti 0 z U) i74 J 0 Lf1 J J U EY EL Q 0 --A a m m m m N N N rr r i t Form IFS? REPORT DATE- 317!2000 FARM # 1 Field # POI* Fields Size (acres) = (A) FARM OWNER: Owr is Address P O Banc 856 Owners Phone # Lagoon Imgation Fields Rem., One Form far Each Feld per Crop Cycle Plus I 6-C zso Irrigation Operator Irrigation Operators NC Address Overators Phone # From Waste I Mmatlan Plan Crop Type FMILLETIRYE Reopmunertded PAN 245 170!75 (1) (2) (3) (4) (6) (7) (8) (9) (10) (11)First Crop (11) Double Crap Date mm/ddlyr Start Tana End Time Total Mutes # of Sprtnlder<a Operating Flow Rafe Total Volume Volume Waste Ana"s perAcre PAN PAN Applied Nitrogen Balance (bslacre) Nftgen Balance (awme) I (gaVm(n) (gallmuo &Vacre) OWI 000 gal) 71( See Below (ibsfaae) OOO Before 10M/1999 'See (11) Belotiw After 10!0111999 •See (i1) Below 816!99 5714 5712 120 1 330 39,600 16,8.47 290 54.7 + 115 + 75 8124199 STB 5777 120 1 330 39,600 16,857 290 54.7 + 61 + 75 8!15199 5777 5729 60 1 330 19,800 9.429 290 279 + 33 + 75 12x1/99 530 533 180 1 225 40,500 19,266 1.40 27.0 + 33 + 48 1/4/00 571 572 6O 1 330 19,800 9.429 1.40 13.2 } 33 + 35 Knluts ce�rm PUW aur ram a T"E CtRREW SAMP .eAMLYMs Before 1 101I/1999 1001!1999 159, CROP CYCLE TOTALS 177 +) n MMK r>� EVAfter --- HouRs LEFT To PUuP --- - 2 MF- . as it eppiasdws =1 This is an estimate end fac#s such as charas in appnw*m rafts {ppm] and 4uchrices it EV. ar-)— (.q dek ft" ,,W r'MW, M" cause itto to incerrecI Farlurs W c5cw forwAi chwqm can ®use aver app6rdmrsl (9) NCDA Waste Analysis or Fq<dwalerd or NRCS Eti ll it , Techrdoid Guide Section 633 (11)Eirferthe vakie redewed by =*flad6tg ookumm (10) tram (B). Cadiz me subtradk g oohurpm (10) farm aolrmm (11) fallowing each In hpf#an emt- 1 of 1 Owners Somtu Cerlfiied Operator (Pring Operetcrs sigrrature 1 s fl 7 Lf) m 0 z Y 2 I _Ln A 0 a CEJ a tY r a OD N t�t CD CD N Cu N Q' a Form IK REPORT DATE: FARM 0 1 Field # Fields Slee (aloes) = (A) FARM OWNEii 0wwrWs Address Owwnees Phone# Lagoon Irrigation Fields Rem 3r7r200O One Form for Each Field per Crop Cycle Pork Plus I &D 7.20 COMPLEX: 11 1 From WasbB lftgbMffan Plan Crop Type MILLET/RYE Recarmiended PAN 245 170175 [Aadin9 (mt kae) c (B) 1 R ) (4) (5) (6) (7) (a) (10) Ll 1) Rrsf Crap (11) Double Crop Date Start End Total It of Spmlders Flow Rate TOW Volume Vokime Wade Analysis PAN Appfled mudddlyr Time Time firfinules Operating per Acre PAN Nitrogen Bafanoe {msfacre) NftVen Balance Qbd wm) (gaffm[n) Wftns) (gailam) {ms11000 gad) Maktue) (6pr(5X4) 71(23) see Below 1000 Belpre 1010111999 *See (11) Below After 101011109 'See 11 Below 6f7m 5626 5631 300 1 330 99,000 13,750 440 605 + 109 + 75 619199 5631 5637 350 1 330 118,800 16,900 4.40 72A + 37 + 75 824/99 5723 5725 120 1 330 39,800 5,500 2M 16.0 + 21 + 75 11/11/99 514 516 120 1 225 27,000 3,750 1.40 5.3 + 21 + 70 1111121119 516 517 60 1 715 13,500 t,675 1.40 2-6 + 21 + 67 11!191'99 526 524 180 1 225 40,500 5,62.5 1.40 7.9 + 21 + 59 12/10199 S47 551 240 1 205 49,200 6,833 1.40 9.6 + 21 + 5o 1r" 583 566 1811 1 225 40,500 5,625 1.40 7.9 + 21 + 42 rims m" m mupvca, i w i CUE.) KUTNEE fi Kt� ON ENTIItEF)IIO USM THE S.0 BeforeI CROP CYCLE TOTALS cURRE•rrsaeipi. ANftrsrs 1E� Auer 10!0111999 anatlafe�trov�ess — HOURS LEFrTd PtJNP s mot lNa Is an estimate ad fads such as dungen in sppiaati® rat=s (ppm) andVidumb=mm hgoon amiysis (espmWly during wafter mvnlhs) may cause it to 6e anorak f -alae to allow for suGf domwe can ase ow app6eaiomd (9) NCDA Wash Ana jsls or Egrlttv*d or MRCS Egli nft Tecfmied Gldde sedian 633 (11)f&rter the vain ri•cieved bit su5trar�g ootumn (10)lkom (B}_ Carrlfnue sutitracllrig column (10) form eohu m (11) finamhtg each Hgam everit, t or t OU nw)3 Swrliatme Certified opemtor(Prtrrt) Operator's 5lgr®tiue I a "i M to 0 a 0 O LL P I 0 fY CEE d lg m CD N N N CE E. 'i - Form 1 Lagoon Irrigation Fields Rem; TINAL REPORT FOR THIS s=rELD REPORT DATE: 3/7/2000 One Form for Each Feld per Crop Cycle FARM # 1 FW # Pork Pills 8-E COMPLEX: Fields Sire (acres) _ (A) 10.10 FARM OWNER: r Irrigation Operator NIA Owner's Address P O Banc am trCtgatiars OperaWfu saw NC Address Ovals Phone# ('9'10)-ZM,-*I34 Opendufs Phyte# From Waste Ubbution Plan Cmp Type MILLET/RYE Repamended PAN 245 170175 (1) (2) (3) ( {7) (a) (10) (11) First Crop (11) Double Crop Date Start End Toil # cf Sprinidegs Flow Rate Total Vohmre Volimm Waste Analysis PAN Applied rmnlddlyr Trtne Time Miru"s OperafuV per Acre PAN Nbagen Balance (t6SMGM) Nbver Salaaoe (Ibslacre) (gaLtm) (p&rm) (gallacre) (W1 OW gai) (15sfacre) 7I See (9) Below 1000 Before 10/01/1999 *See 11)Sekm After 1010111599 'See 11 Below W45.19 SE 20 5821 s0 1 330 19,800 1,980 4-40 13.6 + 161 + 75 7123199 5576 5681 300 1 33D 99AW 9,802 4.40 43.1 + 118 + 75 815159 5703 5707 240 1 330 7%= 71842 2.90 22.7 + se + 75 823599 5719 5721 120 1 330 39,600 3,921 220 11.4 + 84 + 75 824199 5721 5723 120 1 330 39,500 3,921 290 11.4 + 73 + 75 826M 5728 5731 180 1 330 59,400 5,861 Z90 VA + 55 + 75 9113199 25M 2505 240 1 205 49,00 4.871 2.90 14.1 + 42 } 75 9114199 1 3 120 1 205 24,600 2,436 2.90 7.1 + 35 + 75 11112!99 521 522 6D 1 330 19,800 1,9W 1.40 2.7 4 35 72 11/16/99 522 523 8o 1 330 19,800 1,960 1.40 27 + 35 + 70 111171'99 623 5'25 120 1 330 39,600 3,921 1.40 5.5 ' 35 64 1219199 - 544 546 120 1 330 39,500 3,921 1.40 5-5 + 35 + 59 1!3!00 567 569 120 1 330 39,600 3,921 1.40 5.5 35 53 KOLMS LEFFTO PUMM ""171 [+1 Nurwarr Nf� OK ENTME FEM EZSDM TKE B Before 10101/1999 CROP CYCLE TOTALS ra„marrec ;s Cr�rr SAMPM Awu rsrs 19.3 Aft 10/01/1995 I ' —HOURS LEFT O PUW — - mmf Tfft is an a end %chins such as d2nym In ePP[kMb= mb= f4Pm) and fii 1 * in Wpm wWrJs (eWeC0Ijy dwft whiner nwnWA may cause R tabs f win di FEW= to allow fnf oxh chasm ca, e2use arer app s[ (9) NCDA Waste Ana4sis ar Equ&m nt or NRCS Esdmatp_ Tedr tical Guide Section 633 Owner's Signzhue (11)Enherfhe vahre redwood fry &A aoft CotLar>:r (10) from (B). Conthnre Certiffed Operator (Prtrrt) mMTad g ctiu nn (10) form Cdhmur (11) fallowlag each event Operator's Slgnah m 1 of 1 F rL m N Form 1w, REPORT -DATE: FARM # 1 F dd # Ftdds She (acres) _ (A) FARM OWNER Owners Address Owners Phone # Crop Type Lagoon Irrigation Fields Re :SAL REPORT FOR THIS f(EI»Dr La fir: 3/7/2000 One Form for Each Feld per Crop Cycle Par1c Plus 6-F COMPLM. (1) (2) (6) (7) (8) 0 (10 17 Fust Crop (11) Double Crap Date Scarf End Total # cf Spd*em Flaw Rate Tota! Volmne Vcharre Waste Analysis PAN Applied rnrNddlyr Time Trine Minutes Operating per Acre PAN Nilragen 8atarrce (ib tore) Nitrogen Balance (lbs*ft) (galhnin) (gallons) (gdl(aae) (1bs11om gal) Qbstacre) 0)-M 71 See (9) Below (8)x(9)1000 Before 18101/1999 -See (11) Below After 10101/1999 `See (11) Below am= 5517 5620 160 f 330 59,400 61187 4.40 272 + 143 + 75 721199 567'3 5676 180 1 330 59,400 6;187 440 272 + 116. + 75 71.17199 5681 5686 300 1 330 99;000 10,312 4.40 45.4 + 70 + 75 Mm 5692 5697 300 t 330 99,800 10,312 290 29.9 + 4D + 75 5123199 5713 '5719 360 t 330 118,800 12,375 2.90 35.9 4 75 11/11/99 514 515 60 1 330 t9,800 2,062 1-40 2-9 * 4 + 72 11: 49199 526 528 120 1 330 39,600 4,125 1.4D 5.6 + 4 + 66 7219!99 541 544 180 1 330 59,400 6,187 1.40 87 + 4 + 56 113100 563 595 120 1 330 39,600 4,125 1.40 5-8 + 4 + 52 w HC URS 6.H`T Yo PUW 1-6 77'rUW l OJ mu l Ku=m l fit= axr FnusoT Before 9 rExcess CROP CYCLE TOTALS cuRrtEw &vffFm xaiysrs 18A After 10101/1999 — HMMS CGFTTU PUMP - cewzz t as it apploacr" Lpoi Trrs is an astma>a aid bctom such as changes in appifoOm rarer (ppm) and &KhtOm ns in ragoon analpss (espemhy dum9 ••inter mom maycmmwi o8aincanacd FuRmew slawTirsucldungescan cm=evmreppfimtfonsi (9) NCDA Wade Analyas or Equivalent or NRCS Estfmffie, Tedurtal Guide Section 633 Owners signature (11)Enter the value recieved by subbactfig ootto m (10) from (B). Cordinue Cerfitied Operator (Print) subbactbV coh mr (10) form column (11) following each trrigetlon event. Operetore Signature 1 Of i r MAR.22.2000 12:20PM CARROLL'S FOODS NO. 015 P.12 PC, + y7 ;t -a9.00 e, rW lab "ADS �.�, 60o 2860 '3. S —/D + 3 7 '3�!• Do gArs -Iqo "2?5 66� DDo -7�7q 3,5 -2`7 t �d ',I 'Pu1r GF 3-3-00 )so o7.5 2So '4)q7 IS -15 t Yr ,�- qo q s G6� 000 69 fJ 3. Sr) 1.07 7' p[ 3 3010 17s 8aj600 8168 IS "Z&� * 2Y Zoo 275 64 000 6 US 3. S - za• a "� 1 300 27 s 8Aj ,spa 11, q,59 3. S — �V - l/ -' � ' 4.22'04/00 FRI 11:2.9 FAX 910 293 3199 Human Resources Q 028 "ti Date:141.3 2,od Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28314 Subject: Plan of Action Name: i out Farm Name: Per Facility No: Address: Phone: .29� Checked below are the items to be carried out on the above farm: 1. Check inside and outside of buildings for water leakage and water usage. �1 2. Repair and adjust any problems concerning excess water. 3. Inspect berms around the lagoon(s) to make sure that water is not entering the system. Repairs will be made where problems are identified. ✓ 4. Review flushing and pit recharge schedules. Reduce flushing an&pit recharges where possible. 5. Closely monitor the soaking and clean-out of buildings between herd placements. Reduce time and amount of water usage, as much as possible. ✓ 6. Check the moisture levels and crop conditions in all spray fields.'., Utilize applications on winter cover crops according to, CWAW (original or amended). 7. Utilize the 30 day prior to planting practice on those fields to be planted in row crops. eVO4/00 FRI 11:29 FAX 910 293 3199 1 Human Resources 9029 G N S- 8. Review CWAW and begin spraying on coastal bernmuda as soon as plan allows {follow all regulations re: runoff}, 9. Obtain required permission from adjacent landowner to spray on designated fields. Amend the CWANT before any fields not currently on the CWAhT are utilized. ✓ 10. Investigate the feasibility of installing pressure reducers on water lines. ✓ 11. Aerate soils to improve absorption and reduce potential for runoff. Additional practices to be used: 5, Signature iV Date_ I The dale and other lnlorm&Ucxr r:anplinud untlhiY, And alN:r ,�r.rnml'.anyiny dur;uTurrla, repraaent only theM I aampls(aJ analyzed and la rentlerod irlwn 1111P r;Qlldililwl tl+;lt d rs not la be reprWudxl wholly or In part faIPA in lam A 8 i1 ` aevartiaing or otherpurpoves wkhrma wnnr,n:ll,I,r,rvtil ftwti rrur lakwrawry. USDA -EPA -NIOSH Taallnp Food SBnit;rliran Cunt-ulling Coien .+fl enri MrpUbld,jgjcW Arlg"*$ and gegeorch .4. ®Microhac Laboratories, Inc. FAYETTEVILLE DIVISION NC 811 ' 817 CASTLE RAYNE STREET VC 83771; FAYETTEVILLE, NC 2R303 USDA #3767 (910) 864-1920 / (910) 964-8774 (FAX) is http://www.mic i-ob-,.tc.cotn CHEMISTRY - MICROI3TOL00Y • Fc J()I7 AFi"I"l' - CONSUMC-R PRODUi7rS WATEL!JATR,- WASTES - FOOD - I'HARNIACI:I ITICALS.!.NU MACEUTICALS Y 4 CERTIFICATE OF ANALYSIS r CLIENT: Nc DERR - DNQ DATE RECD: 03/01/00 S!1ML6p: 03/01/00 ADDRESS: Wachovia Building, Suite 714 Foyettoville, NC 28301 OONTIICT PERSON: Mr. Bob Heath ACCOUNT NUMBER: 0KNO03 5AXPL8 ID: 1. Ditch - ID OOOKS31464 2. 3. A. SAKPLED BY: B. Heath DELIVERED BY: B. Hoath e SAMPLE CODS: WW, Stream, Grab REPERSNC6: Pork Plus DATA REVIEWED BY: E DATE REPORTED: 03/06/00 a' at7attetiMtt••••ta�ottaai•taaatataa++tie■jai,■aa�aa■a►aaaaarar+•raaaaaaaat4atai•rtattataa+ s AMUSIS 1ILTMOD i 2 3 taiataattittataataitaiaaaaaaia►tea+aaat•taaaa+++aaaaat;�aaaaaaatttaata•tttitaat4aaatt;iit• COLIFORK, FECAL (per 100 ml) SM19 9222D 3600 . CKINOWN: < ` Leta than > - Greater than PAGE 1 OF 1 The date and other inlormabon pile wm rn1 Irr,n, rnlrl rdlrnr ,v.imnlpanying documents, re"sanl wdy " aalnpta(s) ansWed and is rendered upon mot r,pryn,r,n., IMM ,I ,f not tr, hn reproduced wholly or in pert Iw admiWing or Other purpo%** wpM)u[ wr,nRn :1rm,hl 1r60' tla, I,Ihur,116ry USDA -EPA -NIOSH Testing Food Sandutivri ;urd MicraGiulegiQW Anatysus and Resaarch ..t Jr►.tiillhiro:� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 6, 2000 Carroll's Realty Partnership Attn.: Sonny Faison P.O. Box 856 Warsaw, NC 28398 SUBJECT: Request for Information Permit No. AWS 820025 Pork Plus Farm Facility No. 82-25 Sampson County Dear Mr. Faison: On February 24, 2000, the Division of Water Quality at the Fayetteville Regional Office received a letter in regards to the Pork Plus facility. The letter was accompanied by a Memo to your attention from Howard Hobson, a Carroll's employee. It was determined by Howard Hobson that the waste structure at its current condition could not adequately treat the amount of waste being generated from the facility at its maximum capacity of 6,000 animals. The recommendation at that time was to seek additional land for waste application or decrease the herd size at the facility to 3600 animals. However, it has been determined from a review of the information by DWQ central office and regional staff that the waste structure still cannot support a herd size of 3600 animals with a 60 day (minimum allowed) temporary storage period and simultaneously -be considered a laeoon_ One of the following items must be addressed: (1) recalculate and reduce to the number of animals that the structure can adequately handle and simultaneously be considered a lagoon, (2) develop the Certified Animal Waste Management Plan (CAWMP) based on the NRCS numbers for a holding pond instead of a lagoon, (3) develop the CAWMP on actual on-farm waste samples (a minimum of three waste analysis per year for three years with corresponding irrigation records). 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE 910-486-1541 FAX 910.486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/] 0% POST -CONSUMER PAPER Page 2 Pork Plus Farm March 6, 2000 Please provide a written response to this office on or before March 13, 1999, regarding corrective actions taken or planned. 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. Sincerely,-)-_, i Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - CompIiance Group Sue Homewood - Non -Discharge Permitting Unit Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Howard Hobson - Carroll's Foods, Inc. • A i,i g "' C 3 aw `" ? �i �.` "� 2ti ',. s 4\ My ' shy Z7 j. } ✓i \ - , „J'�w � �.(, ° Yy(� ,'. }`i! � • P'� j�j,�" ti .. .y� r�yj� • � . �,q2., _ '✓- t f ' I ` L p r tit T t DEXED� O 2454rill 679 W4W dN r,%0* FA lorm-ft*V 4ti.t Ab /w M' 1W�i i • i t 3 VQL1346PAuG797 Excise Tax: $ STATE OF NORTH CAROLINA Parcel ID COUNTY OF SAMPSON THIS DEED, made and entered into this the � day of t ,dr ► 1999, by and between MATTHEWS FAMILY PROPERTIES, LLC, a North Carolina limited liability company, party of the first part; and FAISON INVESTMENTS, LLC, a North Carolina limited liability company, having an address of 315 Fox Lake Drive, Clinton, North Carolina 28328, party of the second part; W I T N E S S E T H That the party of the first part in consideration of the 3 sum of Ten Dollars ($10.00) and other good and valuable _ considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, has bargained and sold and by these presents does grant, bargain, sell and convey unto the party of the second part, said party's successors and assigns, a OXH-FOURTH (1/4) undivided interest in the following described "propbrty, to wit: All that certain tract or parcel of land lying and being situated in Sampson County, North Carolina and being more particularly described in Exhibit A attached hereto and incorporated herein by reference. No rltj• t�r�in�t�en euneueew My wta mad AnA9A, I.A. No tobacco allotments owned by the party of the first part are being transferred with the property described in Exhibit A. All tobacco allotments applicable to the property described in Exhibit A owned by the party of the first part, if any, are being -retained by the party of the first part. The property described in Exhibit A is conveyed subject to 1999 and subsequent years ad valorem taxes. TO HAVE AND TO HOLD said ONE-FOURTH (1/4) undivided interest in said property and all privileges and appurtenances rv,"v1.YANCE OF TIIIS f ROFERI'/1 14t-.% kCD4 4ULY NOTED ON THE r•1A A.CORDS. r qAX AID)AINI41 RATOR r� f C I a y0113QOAN EXHIBIT A That certain tract or parcel of land lying and being in Turkey Township,• Sampson County, North Carolina, and more particularly, described as follows: BEGINNING at,an iron stake in the center line of State Secondary Road No. 1928, a new corner . with Joyce Carroll Matthews, said beginning ' iron stake being located South 37 degrees 12 minutes 03 seconds West 3450.15 feet from an existing iron stake in the intersection of the center line of State Secondary Road No. 1911 with the center line. of State Secondary Road No. 1928; from said with the center line of State Secondary Road No. 1928, South 37 degrees 16 minutes 12 seconds West 1000.00 feet to an iron stake set at an 'existing railroad spike in the center line of State Secondary Road No. 1928, a corner with the lands now or formerly owned by Lucy A. Williamson; thence with the old chopped line of Lucy A. Williamson, North 40 degrees 00 minutes 00 seconds West 1004.28 feet to an iron stake set, a new corner with Joyce Carroll Matthews; thence a new line with Joyce Carroll Matthews, North 37 degrees 16 minutes 12 seconds East 778,70 feet to an iron stake set, another new corner with Joyce Carroll Matthews; thence another new line with Joyce Carroll Matthews, South 52 degrees 43 minutes 48 seconds East 979.59 feet to the point of beginning, containing 20.00 acres, more or less, and being a portion of the Second Tract conveyed to Joyce Carroll Matthews 'by deed from Carroll's Farms, Inc., dated February 12, 1986, recorded in Book 1035, at Page 369, of the Sampson County Registry; and being the same property in which a one-half i1/2y undivided interest was conveyed to F. J. Faison, Jr. by Deed from Joyce C. Matthews recorded in Book 1046, at Page 348, in the office of the Sampson County Register of Deeds. V. 0 UED - MA1LE rr1ii J PICKED t1� 1 • �o-134flffi �♦ thereunto belonging to the party of the. -second part, said party's successors and assigns forever in fee simple. And the party.of the first part does covenant that said party has done nothing to impair such title as the party of the first part received, and that said party will warrant and defend the title to the same against the lawful claims of all, persons claiming by, - under or through the party of the first part, except for the encumbrances or restrictions mentioned above. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal and in such form as to be binding, this the day and'year first above written. MATTHEWS FAMILY PROPERTIES, LLC' (SEAL) A Limited LiakkitY —Cama M i By: Z. w (SEAL) e ey S. Matthews, Manager By; SEAL) Carroll M. BakgettVohanager STATE OF NORTH CAROLINA COUNTY OF I,�u �. Ch.E-*�1oR�� a Notary Public in and for said County and State, do hereby certify that JEFFREY S. MATTHEWS before me this day personally appeared, who being by me first duly sworn, says that he is a manager of MATTHEWS FAMILY PROPERTIES, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal, this the ;'day of �tct 1999. Notary ublic r My Cqmmission Expires: (Co r . a 1I 2 9 i VaL1346pin,199 STATE OF NORTH CLROLINA COUNTY OF7_LW , I, i.a,C_�•L.►,r.�D rc ,• a Notary Public in and for said County and State, do hereby certify that CARROLL M. BAGGETT before. me this day personally. appeared, who being by me first duly sworn, says that she is a manager of MATTHEWS FAMILY PROPERTIES, LLC, the limited liability company described in and which executed the foregoing instrument; that she executed' said instrument in the limited liability company name by subscribing her name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal, this the day of 1999. �'',' yl • C. T' Notary Public Public :.Ny.-Commission Expires: D STATE OF NORTH CAROLINA COUNTY OF SAMPSON g The foregoing certificates of Lis& C. C6- nL6evs i MAILED PICKED i36TF...! , 'Notaries Public of said County/ies), and State[s], are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Sampson County, North Carolina, in Book , Page TR I This Z94"' day of �em" er , 1992-01 9 at 12L' o'clock ,P -.M. 830021-0066 NBMAIN1300207.1 • p ie�aQ._ Register of cavo 8 06"ItA ..�Mi�+� cavo 3 0 I f � i' •- ... ...O FOODS w ff; NEW . s DATE. TIIV E: T0: FROM: FAX NUUMM- NUbMER OF PAGES N0.149 P.1 CAmoms PbODS, INC. P. O. Drawer W Warsaw, Notch CaroUn a 28398 910-293%W4 914-293-7531 (Fa) FAX TRANSML MAL SIMET 3/z or- /z.,v o 0 2:3 o J F;-Woy ome w/N p4w,o z iAaor c 1 qid 0(-,66 - b 70 7 a &Zye, e6 ll lz RECEIVED HAR 2 4 2000 FAYETTEVILLE REG: OFFICE SUBJECT' FA c. .0-- a NCDENR FAX TRANSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910-486-1541 Fax: 910-486-0707 To: r�wt k craw Fax#: g0 — 9/�- 6N6 From: -�Y—e 4�) 5ruz-� Subject: r `mak Ok-5 COMMENTS: Date: .5'– 10 p 0 Pages (including cover): a N.C. ATTORNEY GENERAL titlCl�nL�t. F, e.iSLdY TO: f Fax : 919--7:16-6767 Mar 24 '00 14:37 P. 01 RECEIVED Scare of North Carolina , »cparlmeml of Justice 11. t'). I 10 6:-)1� �. RALEIGH 27,602-0629 Phone: Fax: �q TEUCOPIP lR-ANi ., L„ lILjj saEET Cl Io- 4196 0-)0�) FROM: _'t -)n ti MAR 2 4 2000 FAYETTEVILLE REG, OFFICE (919) 716-6600 (919) 716-6767 DATE: - ` ob NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET):,,�•�,, CONFIRJM RECEIPT OF DOCUMENT(S) IF MARKED HERE: COMMENTS: _v a•�.s ,� al -Cm n*kA 4 KIS o CK L N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 24 '00 14:38 P.02 Players 1. Carroll's Realty Partnership- has two general partners which are corporations headed by F. J Faison, Jr. (Sonny Faison). The partnership applied for the general permit and listed itself as the land owner of Pork Plus farm. The certificate of coverage was issued to the partnership for Pork Plus farm. Deed records show the partnership has never owned any interest in the property. 2. Carroll's Foods, Inc.- is a partner in Carroll's Realty partnership and its president is F. J. Faison, Jr. Correspondence to DWQ comes on Carroll's Foods letterhead and employees of Carroll's Foods have certified the waste management plan. F. J. Faison, Jr. has signed at least one letter sent on company letterhead. ti 3. Carroll's Realty, Inc. - is a partner in Carroll's Realty partnership. This is its only connection to the lawsuit. 4. Faison Investment, LLC - acquired 114 of Matthews Family Properties, LLC s. undivided interest in the land on 12129199. F. J. Faison is believed to be the manager of the company. This is its only connection to the lawsuit. 5. Matthews Family Properties, LLC - owned an undivided interest in the land with F. J. Faison, Jr. at the time the application was submitted for the General Permit. F. J. Faison, Jr. is the massager of the company It continues to own an interest in the land and ownership appears to be its only connection to the lawsuit. 6. F. 3. Faison, Jr. (Sonny Faison)'- owned and continues to own an undivided interest in the land since the permit application was submitted. He is the president of the corporations that form the partnership and is manager of the limited liability companies that also own interests in the land. He has held himself out as the decision maker on changes to the waste disposal systern and corresponds on Carroll's Foods` letterhead. DWQ letters to him go to Carroll's Foods' office. ,s Farm Operations- Sonny Faison's latest letter states the maximum number of animals that can be raised at the farm is 3,200 but he intends to get back to 6.000 after adding lagoon capacity and spray field acreage. He appears to be reducing the size of the herd over time but to date has not reached the lower number. There may have been over application to the spray fields that will limit the spraying over the next crop cycle and'' ant Pork Plus from lowering the lagoon level as required by the CAWMP and General Permit.. Fay. R 0. has received the land application records and is looking for over application; no report yet. Remedy Sought - reduction to 3,200 swine or lower, ortofttl-dspeprsiation? Submission of new CAWMP using correct # for nitrogen in waste? Compliance with new construction schedule? 20 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 14:38 P.03 4 ' i.` 1 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF SAMPSON 2000 CVS STATE OF NORTH CAROLINA, ek rel. BILL HOLMAN, Secretary of the North Carolina Department of Environment and Natural Resources, and NIICHAELY. EASLEY, Attorney General, i , Plaintiff, V. CARROLL'S REALTY PARTNERSHIP, a North Carolina general partnership, CARROLL'S FOODS, INC., a North Carolina Corporation, CARROLL'S REALTY, INC., a North Carolina Corporation, FAISON INVESTMENTS, LLC, a North Carolina Limited Liability Company, MATTiIEWS FAMILY PROPERTIES, LLC, a North Carolina Limited Liability Company, and F. J. FAISON, JR., Defendants. COMPLAINT AND MOTION FOR INJUNCTIVE RELIEF Plaintiff, State of North Carolina, complaining of the defendants, alleges and says: 1. Plaintiff is the sovereign State of North Carolina. This action is being brought on the relation of Bill Holman, Secretary of the Department of Environment and Natural Resources (hereinafter referred to as "DENR" ) the State agency established pursuant to N.C. Gen. Stat. 143B-275, et seq., and vested with the statutory authority to enforce the State's environmental pollution laws, including laws enacted to protect the water quality of the State. This action is also being brought on the relation of Michael F. Easley pursuant to his common law power as Attorney General to bring civil actions to abate public nuisances. N,C. Gen. Stat_ § 114-1.1. 11 N. C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 1438 P.04 2. Defendant Carroll's Realty Partnership is allorth Carolina general partnership which operates a feeder to finish swine operation known as the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina. Carroll's Realty Partnership holds Certificate of Coverage No: AWS820025 authorizing the operation of an animal waste collection, treatment, storage and land application system at the Pork Plus farm in accordance with General Permit AWG100000. 3. Defendant Carroll's Foods, Inc, is a North Carolina Corporation doing business in Warsaw, North Carolina and is a partner in Carroll's Realty Partnership. 4. Defendant Carroll's Realty, Inc. is a North Carolina Corporation doing business in Warsaw, North Carolina and is a partner in Carroll's Realty Partnership. 5. Defendant Faison Investments. LLC is a North Carolina Limited Liability Company doing business in Warsaw, North Carolina and owns an undivided interest in the land upon which a feeder to finish swine operation takes place at the Pork Plus farm -(facility No. 82-25), located south of the town of Turkey in Sampson County, -North Carolina. 6. Defendant Matthews Family Properties, LLC is a North Carolina Limited Liability Company doing business in Warsaw, North Carolina and owns an undivided interest in the land upon which a feeder to finish swine operation takes place at the Park Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina 7. Defendant F. J. Faison, Jr. operates a feeder to finish swine operation known as the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North .Carolina and owns an undivided interest in the land upon which the Pork Plus farm (facility No. 82- 25), is located. F. J Faison, Jr. is the president of defendants Carroll's Foods, Inc. and Carroll's i 2 i N.C. ATTORNEY GENERAL Fax :919-716-6767 Mar 24 '00 14:39 P.05 9 Realty, Inc., and is the manager of defendants Faison Investments, LLC and Matthews Fernily Properties, LLC. t .►.__ A - m-1 Da r f alb_ 8. The Superior Court has jurisdiction of this action for common law public nuisance and for injunctive relief to enforce the State's environments! pollution laws and administrative rules pursuant to N.C. Gen. Stat. §§ 7A-245'and 143-215.6C. 9. Sampson County is a proper venue for this action because the nuisance and violations T of law alleged are occurring in Sampson County. GE)y"TRAL EGATIONS Applicable Laws and Regulations 10. N.C. Gen. Stat. § 143-215.1 forbids any person to "make outlets into the waters of the state" or "cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications" unless the person has a permit to do so issued by the Environmental Management Commission (the "EMC")." N.C: Gen. Stat_ § 143-215.1(a)(1) and (b). 11. More specifically, N.C. Gen. Stat. § 143-215.10C provides that no person may construct or operate an animal waste management system for ,an animal operation without first obtaining either an individual permit or a general permit from the EMC. An "antral waste management system" is defined as "a combination of structural and mon-structural practices which will properly collect, treat, store or apply animal waste to the land such that 'no discharge of pollutants occurs to surface waters of the State by any means except as a result of a storm event more severe than the 25 -year, 24 hour storm." 15A NCAC 2H.0203(3). 3 N.C. ATTORNEY GENERAL Fax:919-?16-6767 Mar 24 '00 14:39 P.06 12. Subchapter 2H.0200 of Title 15A of the North Carolina Administrative Code (the "non -discharge rules") establishes the requirements and procedures for application and issuance of permits for waste disposal systems, including animal waste management systems, which are not authorized to make any discharge to the surface waters of the State. A copy of these Hiles is attached as Exhibit A. The non -discharge rules provide that none of the rules shall be deemed to allow violation of any assigned water quality standard, and, further, that any such discharges shall be considered a violation of a condition of a permit. 15A NCAC 2H.0217(f). 13. The EMC has developed a Swine Waste Operation General Permit for swine operations (the "General Permit'. A copy of the General Permit is attached hereto as Exhibit B. A certified animal waste management plan ("CAWMP'l must be submitted as part of an applicant for a Certificate of Coverage under the General Permit. A CAWW must contain the animal waste management practices or combination of practices which are selected to comprise a plan for a specific feedlot. 1 SA NCAC 2H.0217(a)(1)(I)(i). The CAWMP is incorporated by reference into The General Permit issued to a swine farm operator. The purpose of the CAWMP and the General Permit is to assure that the public health, safety and welfare are adequately protected from swine farm operations. Included in the plan are performance and operations standards and requirements 11 that assure that the swine operations will be carefully designed and operated in a manner to accomplish their purposes. Siting of waste lagoons and spray irrigation fields and the establishing of proper freeboard 1 evels in the lagoons are critical in the design process to protect the public health, safety, and welfare of the citizens of North Carolina. 14. The General Permit contains numerous provisions, including the following that are pertinent to this case: 4 N. C. ATTORNEY GENERAL Fax :919-716-6767 Mar 24 '00 14:40 P.07 (a) Condition 1 (2) of the General Permit provides that any violation of the Certified Animal Waste Management Plan is a violation of the General Permit and subject to enforcement action. ' (b) Condition V '(3) requires that the maximum waste level in the lagoon shall not exceed that specified in the Certified Animal Waste Management Plan, and, further, requires that, at a minimum, the waste level for the lagoon established in the CAWMP cannot exceed the level that provides adequate storage to contain a 25 -year, 24-hour storm event plus an additional one foot of freeboard to protect the structural integrity of the ar' lagoon embankment. (c) Condition 11I (5) requires that records of land application events and solids removed to an off-site location. be maintained in chronological and legible foam for a 'i minimum of three yeari and be kept readily available for inspection. (d) Condition III (6) requires that the permittee report by telephone to the appropriate Division of Water Quality Regional Offices as soon as possible, but no more than 24 hours following the first knowledge, the following occurrences: (1) Failure of any component of the animal waste collection, treatment, storage, and land application system resulting in a discharge to surface waters. (2) Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal and/or sludge; (3) Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. R N.C. ATTGRNEY GENERAL Fax:919-716-6767 Mar 24 100 14:40 P.08 (4) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V (3) of this General Permit; r (5) Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters; and (6) Any discharge that bypasses a lagoon/storage pond resulting in a discharge into surface waters or that poses a serious threat to the environment. 15. The EMC has delegated to the Director of the Division of Water Quality C'DWT) +tF of DENR the authority to issue individual non -discharge permits and certificates of coverage under the animal waste management system -general permit. N.C. Gen. Stat. § 143-215:3(a)(4); 15A NCAC 211.0209. 16. Whenever DENR has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental laws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name oithe State upon the relation of [DENR) for injunctive relief to restrain the violation or threatened violation;" and, "the court'sball grant the relief necessary to 1 prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 17. Under the common law of North Carolina, the Attorney General has the power and authority to file a civil action on behalf of the citizens of the State to abate a public nuisance affecting the public health, safety or welfare. Factual Allegations 18. On August 10, 1997,; defendant Carroll's Realty Partnership submitted a Non - Discharge Permit application for the General Permit applicable to liquid animal waste operations for 6 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 14:40 P.09 the Pork Plus farm which indicated that Carroll's Realty Partnership owned the land and operated the feeder to finish swine operation known as Pork Plus farm (facility No. 92-25) near Turkey, North Carolina. 19. Defendant Carroll's Realty Partnership received a Certificate of Coverage under the General Permit for swine operations on July 2, 1998, for the Pork Plus farm which was permitted for a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design storage capacity of 766,512 cubic feet of animal waste and 68 acres of nearby spray fields onto which the animal waste stored in the lagoon is land -applied. A copy of the Certificate of Coverage is attached as Exhibit C. 20. The records of the Register of Deeds for Sampson County reveal that, at the time of the permit application, the land comprising the Pork Plus farm was owned in common by defendant F. J. Faison, Jr. and defendant Matthews Family Properties, LLC. In December,1999, defendant Faison Investments, LLC acquired a portion of the undivided interest heretofore held by defendant Matthews Family Properties, LLC, but the eertificate of coverage for the General Permit continues to indicate the land is owned by Carroll's Realty Partnership. 21. Upon information and belief, the Pork Plus farm is operated by defendant F. J. Faison, Jr. and defendant Carroll's Realty Partnership through defendant general partners Carroll's Foods, Inc. and Carroll's Realty, Inc., where F. J. Faison, Jr. serves each as president. Hereinafter, the foregoing are referred to collectively as defendants. 22. On February 16, 1999, Scott Faircloth, an Environmental Specialist, II in the Fayetteville Regional Office of DWQ, inspected the Pork Plus farm and, based upon its storage capacity, determined the wastewat impoundment had the characteristics of a holding pond and not 7 �D I c� N. C. ATTORNEY GENERAL Fax -919 -?16-6767 Mar 24 '00 14:41 P.10 those of a treatment lagoon. Defendants were instructed to contact their technical specialist to evaluate the treatment storage impoundment at the Pork Plus farm which, as a component of the 9 animal waste collection, treatment, storage and disposal system, must be properly sized, maintained I and operated. 23. Jeffery Brown, an Environmental Engineer with the DWQ, met with Howard Hobson, Bob McLeod and Don Butler at the main -office of defendant Carroll's Foods, Inc. in Warsaw, North Carolina, on March 10, 1999; to review the operation of the Pork Plus farm and, in particular, to learn of any corrective actions taken or proposcd to be taken regarding the improperly sized lagoon and the over application of plant available nitrogen ("PAN") to the spray fields. The CAWMP used by Pork Plus was based upon the wastev 4ter impoundment acting as a treatment lagoon. However, . it does not have the storage capacity to treat the waste and acts only as a holding pond. Therefore, the actual amount of nitrogen in the waste; is higher than the nitrogen level used to calculate the PAN 24. From March, 1999 through -Jkme, 1999, defendant J. F. Faison, Jr. and employees of defendant Carroll's Foods, Inc. considered options to address the improperly sized lagoon and animal waste disposal at the Pork Plus farm. Defendant Carroll's Foods, Inc.'s employees Howard Hobson, Bob McLeod, Don Butler and Dexter Edwards informed defendant J. F. Faison, Jr. by memorandum dated June 25, 1999, that "[i]n order to continue operation Pork Plus must either make changes to its treatment system or reduce animal numbers." The evaluation states that the Pork Plus waste lagoon at its current condition is sized for only 3,600 swine. A copy of the June 25, 1999 memorandum is attached as Exhibit D 8 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 14:41 P.11 25. By letter dated July 27, 1999, defendant I F. Faison, Jr. informed DWQ that he was inclined to add additional conventional, lagoon capacity and additional acreage for spray irrigation at the Pork Plus farm. 26. On August 4, 1999, Jeffery Brown inspected the Pork Plus farm and observed violations of the law and the General Permit, including bare spots on portions of the lagoon dikes and that the defendants had failed to notify DWQ that plant available nitrogen ("?AM') rates had been exceeded. As a result, a Notice of Violation was issued by DWQ on August 18, 1999, informing defendants F. J_ Faison, Jr. and Carroll's Realty Partnership that, with the small PAN balance then existing on the spray fields, it did not appear the farm would be able to operate through the winter with the wastewater storage level at just 24 inches. Defendants had been made aware of this situation in February, 1999. 27. Defendants responded to the Notice of Violation by letters dated August 27, 1995 and informed DWQ that they had decided a traditional waste lagoon and additional spray fields would be constructed at Pork Plus farm. Theattaehed construction schedule indicated the lagoon would be completed by October 15, 1999. 28. A revised construction schedule for the additional lagoon and spray fields was submitted by defendants to DWQ on October 13, 1999. The revised schedule indicated the new lagoon would be completed by December 10, 1999, and the additional spray fields would be cleared and crops established in the spring and summer of 2000. 29. On January 21, 2000, the lagoon freeboard was only 18 inches. Defendants' failure to maintain adequate freeboard was a violation of the General Permit. 0 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 14:42 P.12 30_ On January 31, 2000, defendants reported to the Fayetteville Regional Office of DWQ that there was only 15 inches of freeboard. Defendants' failure to maintain adequate freeboard was a violation of the General Permit. 31. On February 10, 2000, Jeffery Brown again inspected the Pork Plus farm and observed the following violations of law and the General Permit: (1) the lagoon still had only 15 inches of freeboard instead of the 19 inches required by the Certified Animal Waste Management Pian and the General Permit; (2) wastewater flowed from one of the swine buildings through a surface water diversion ditch to a stream and water of the State below the lagoon; and (3) the discharge of wastewater was not reported as required by the law and the General Permit. 32. Violations have continued into March, 2000. On March 1, 2000, Bob Heath with DWQ inspected the Pork Plus farm. The lagoon had only 13 inches of freeboard. In addition, swine wastewater was observed in a roadside drainage ditch. On March 2, 2000, Bob Heath reinspected the Pork Plus farm and observed the freeboard was only 11-12 inches. On March 6, 2000, Mr. Heath again observed the freeboard was only 14 inches. Defendant's continued failure to maintain, adequate freeboard is a violation of the General -Permit, 33. An inspection of the Pork Plus farm on March 17, 2000 revealed the freeboard was only 15 to 16 inches and continued to be in violation of the General Permit. The spray fields were R saturated and covered with standing water. 34. A recent inspection of the Pork Plus farm on March 22, 2000 revealed the freeboard was only I 1 inches and standing water remained on the spray fields. 35. In response to DWQ's request for information about Pork Plus farm, defendant F. J. Fiiiison, Jr. stated in a letter dated March 9, 2000 that there presently were 3,600 swine on the farm 10 N. C. ATTORNEY GENERAL Fax : 919- 16-6767 Mar 24 '00 14:42 P.13 but no additional animals would be placed there until a herd size of 3,200 is reached. Defendants have indicated the lower swine population of 3,200 is the maximum that can be handled by the farm in its current condition. On information sand belief, the owners' andtension is to bring the farm into compliance arid return to the 6,000 head stocking rate. 36. Since March of 1999, when defendants were notified in writing by Jeffery Brown with DWQ of the waste storage capacity issue at Pork Plus Farm, defendants have failed to rectify the problem at Pork Plus Farm. Defendants' correspondence with DWQ states that the Pork Plus waste lagoon at its current condition is sized for only 3,200 swine. For nearly a year defendants have been advising DWQ personnel in the Fayetteville Regional Office of various options under consideration to rectify the situation. Scheduled start dates have been extended and subsequently missed. On information and belief, the swine population has not been reduced to 3,200. 37. The inadequate freeboard level in the lagoon poses a serious threat of an unlawful discharge of swine waste and wastewater into the waters of the State. If the liquid waste in the lagoon remains near the twelve inch zone, the structural integrity of the wall may be overcome and a resulting breech of the wall would occur. if that were to occur, wastewater would flow into a stream below the lagoon and into the waters of the State. .L 38. On information and belief, swine remaining on defendants' facility continue to produce waste that is being added to a lagoon that is undersized and already has inadequate freeboard. Making matters worse, although defendants recently provided the State with a plan for bring,ing the Iagoon into compliance with the law and regulations within 30 days from February 3, 2000, e.g., by bringing the freeboard to the required level of 19 inches, that plan failed due to inadequate effort to increase freeboard to the minimum required by the CAWMP and the General ' 11 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 24 '00 1442 P.14 Permit. In fact, freeboard has decreased and has remained at an unsafe level during March, 2000. To alleviate the threat posed by the unsafe condition of the defendants' swine waste lagoon, the flow of swine waste into the lagoon must be significantly reduced. To do this, defendants must immediately remove swine from the Pork Plus Farm to reduce the population to the number that the waste lagoon and disposal system can safely and lawfWIy accommodate. Afterward, the farm must remain at or below the number of swine that can be lawfully handled by the waste disposal system until either brought into compliance with the law and defendants' CAWMP and General Permit, or, in the alternative, the animal waste management system, including the lagoon, must be closed in an environmentally safe manner acceptable to the State and under the Court's supervision. 39. The continuing violations of State law at defendants' Pork Plus Farm are the result of mismanagement. Its CAV" provided the basis upon which defendants could have managed this farm and avoided the serious threat now posed by inadequate freeboard in the lagoon. On information and belief, defendants could have and should have engaged in a spraying regime that would have lowered the volume of waste lagoon to a safe level before the rainy season began and sprayed on all available days since then to -keep the freeboard at a safe level. In addition, on information and belief, defendants could,have transferred waste from the lagoon to other lagoons on swine farms they own or operate. On information and belief, defendants could have and should have further reduced the number of swine at the Pork Plus farm to maintain the freeboard required by the CAWMP and General Permit. On information and belief, defendants' conduct is the cause of the environmental threat posed by the condition of its lagoon or holding pond. 12 N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 24 '00 14:43 P.15 40. The allegations contained in paragraphs 1 through 24 are incorporated into this claim for relief as if fully set forth herein. i 41- Defendants' CAWMP and General Permit require that the minimum freeboard that must be maintained is 14 inches. This includes storage capacity to hold the 25 -year, 24-hour storm event plus an additional 12 inches necessary to maintain the structural integrity of the lagoon. Defendants are in violation of the State's water quality laws and administrative rules, the CAWMP and General Permit because defendants, inter alfa, (1) failed to maintain the required minimum freeboard, (2) discharged swine waste to the waters of the State, and (3) maintained and continue to maintain the lagoon in a condition which poses a serious threat of future discharges of swine waste into the waters of the State, and (4) failed to notify the Static of past discharges and over application of PAN when they occurred, and inadequate freeboard levels as required by the CAWNT and ,11 General Permit. 42. The lack of adequate freeboard poses a serious threat of rupture of the lagoon and discharge of animal waste into the waters of the State — in violation of State law-- unless immediate corrective action is taken. The risk of such a discharge increases as more waste is added to the lagoon. Such a discharge would cause immediate and swore injury and damage to the water quality of the State. For these reasons, the State is entitled to preliminary, and subsequent permanent, injunctive relief that compels defendants to bring this farm into compliance with the law. N.C. Gen. Stat. § 143.215.6C. At a minimum, the Court should order defendants to cease violating the State's water quality laws and administrative rules, the CAWMP and General Permit. Specifically, the Court should order defendants to reduce the number of the swine housed on the Pork Plus farm to 13 r N. C. RTTORNEY GENERRL Fax:919-716-6767 Mar 24 '00 1443 P.16 3,200 or lower, to lower the level of the liquid impounded in the lagoon to a safe level as soon as possible, and to forbid defendants from operating Pork Plus farm as a swine operation until defendants comes into full compliance with the law, including compliance with the CAWMP and General Permit. 61*41410 jousllwl►�. 43. The allegations contained in paragraphs 1 through 27 are incorporated into this claim for relief as if fully set forth herein. 44. The continued operation of defendants' Pork Plus farm and lagoon without adequate freeboard is causing and continues to cause serious danger to the public health, safety and welfare of the people of North Carolina, thereby constituting a public nuisance. Such operation should be stopped until the nuisance has been abated. PRAYER FOR RELIEE WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grant to it the following relief. — 1. That the Court accept this verified complaint as an affidavit upon which to. base orders of the Court. 2. That the Cour enter a preliminary injunction ordering defendants to: (a) prevent any further discharge of animal waste or wastewater"from the Pork Plus farm; (b) immediately reduce the number of swine remaining on the Pork Plus farm to the number which is calculated by DWQ that can be accommodated by the waste disposal system; 14 N.C. ATTORNEY GENERAL Fax : 919--716-6767 Mar 24 '00 14:44 P.17 (c) lower the level of'ihe liquid impounded in its lagoon to 19 inches within 20 days of the receipt of the newest plan of action referenced in Paragraph 2 (e) below, and, thereafter, (1) maintain the freeboard level in accordance with ;3 defendants' certified animal waste management plan and General Permit, and (2) install monitoring equipment designed to measure the lagoon liquid level that will alert defendants when the liquid reaches a critical level; ]� ?? (d) cease operating ..the Pork Plus farm as a swine operation until defendant comes into full compliance with the law, its certified animal waste management plan and General Permit; and (e) within 48 hours of the entry of the preliminary injunction, file with the Court a plan of action, acceptable to the State, which sets forth a timetable and the steps defendant will take to obtain 19 inches of freeboard in the lagoon within 20 days. (f) within 30 days of the -entry of the preliminary injunction,, file with the Court an evaluation of the reasons for the high freeboard and discharges at Pork Plus farm, and defendant's strategy to prevent high freeboard and discharges in the .i futwe. I (g) . contemporaneously serve on .plaintiffs counsel the documents filed with the Court as required in Paragraphs 2 (e) and 2 (fl. ?? 3. That the Court enter a permanent injunction forbidding defendants to operate its Pork Plus farm as a swine operation unless and until defendants bring the farm into full compliance with the State's water quality laws and defendants' certified animal 5 is N.C. ATTORNEY GENERAL Fax:919-5716-6767 Mar 24 '00 14:44�,, P.18 waste management plan and General Permit; and, if defendants chooses not to resume operating the Pork Plus farm as a swine operation, that the Court order defendants to close its lagoon or Molding pond under the Court's supervision in accordance with the Natural Resources Conservation Service standards for lagoon I closure referenced in Paragraph V (7) of the General, Permit pursuant to further orders of the Court; 4. That the Court retain continuing jurisdiction of this case until all provisions of its. orders are carried out; 5. That any preliminary injunction, and any subsequent permanent inunction issued by the Court shall be enforceable by and through the contempt powers of this Court, pursuant to Chapter 5A of the North Carolina General Statutes; 6. That the cost of this action, including attorney fees, if allowable, be taxed against the defendants; 7. That this Court grant such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, this the day of March, 2000. , MICHAEL F. EASLEY Attorney General Ronald M. Marquette Francis W. Crawley Special Deputys Attorney General N.C. Department of Justice 16 March 28, 2000 Sue Homewood NCDENR-DWQ Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-16I7 RECEIVED `BAR 0 2000 K"YETTEViLLE SEG. OFFICE Subject: Status Update of Pork flus Facility No. 82-025 Dear Ms. Homewood: COPY This reply is in response to your letter dated March 22, 2000. The population of the above farm will be at 3200 head on or before April 19, 2000. The farm will remain at 3200 head until my retrofit is complete and approved by DWQ. I anticipate the retrofit to be complete in the near future. Also, I have attached a copy of the Amended Waste Utilization Plan. If additional data is needed, please call me or Howard Hobson, Technical Specialist at 910 293-3434. Cc: Jeffery Brown, DWQ Fayetteville Office Howard Hobson Dexter Edwards Jerry Hairr A0004 PWNWft� NCDENR FAX TRANSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910-486-1541 Fax: 910-486-0707 To: rr4,VXk CCQ4W1'P-A3 Fax#: r7/6 — t?(v7 From: 6-t� Subject: Pvy� C4's COMMENTS: Date: 3 " ; r— (9.6D Pages (including cover): �2 Pr,AR_24. 2900A, 2? 34PM4 {FCARROLL'S F 06DSCJH rlttthSUAKU A I AIYiMo.149r'Ap. 2.111 C 0 Facility Number: _ S2. - Z5 Facility Name: 4 PLu3 County: oK Certified Operator tame: Operator 1, Current liquid level(s) in Inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level In the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure5 Structure 6 Lagoon NamelIdentifier (ID): 1, , Spillway (Yes or No): Na Level (inches):�- 2. Check all applicable items Liquid level is within the designed structural freepoard elevations of one or more structures. Five and 30 day Plans of Action,are attached. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one 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, Volume and PAN content of waste to pumped and hauled Is reflected In section III tables. Included within this pian is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prl� o 1,transfel of waste to a site not covered In the facility's certified animal waste management plan. Operation will be partially or fully depopulated, - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3, Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the beat of my knowledge and ability, the Information is accurate and correct Owner/Manager (print) PoA Cover Page 2/21100 MAR'. 24.2000 2 4PM ARROLL' S FOODS ,.N0.149 D P.3 Date: Facllliy a agar (signature) S 1' I PoA Cover Page =1100 • MAR.24.2000 2:34PM CARROLL'S FOODS NO.149 P.4 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LANE APPLIED PER WASTE STRUCTURE 1, Structure Nametidentifier (ID): 1 2. Current liquid volume In 25 yr,/24 hr, storm storage & structural freeboard a, current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) d. top of dike surface area according to design (area at below structural freeboard elevation) e. hfte c x line d x 7.48 gallons 12 ft inches 13 inches 3.4- Inches 8-7, az s 1 ft 4 43 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design e d days g. volume of waste produced according to structural design /EX ¢97 ft3 h, actual waste produced =' 3 rent herd # x line g = „ s6, s W , Qp certified herd # I, volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h+ i *i) x 7.48 x 30 Aays= line f 4. Total PAN to be land applied during draw down period I. current waste analysis dated -4/1¢/Z4v,-=, m.(liner e + x line I 1000 REPEAT SECTION ! FOR EACH WASTE STRUCTURE ON SITE POA (30 Day) 2121100 1 3 S2, 13 o fts 13 5 Is S gallons 3.5 fb11000 gal, 111$ Ib PAN MAR.24.2000 2:35PM CARROLL'S FOODS NO.149 5 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANWOFfZS YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: line m = I/18 Ib PAN 2. structure ID: 3. structure ID: 4. structure ID: 5. structure ID: 4 6. structure ID: line m = Ib PAN fine m = Ib PAN line m 0 line = Ib PAN Ib PAN line m = - Ib PAN .e n, Ilnes 1 +2+3+4+5+6 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop f r. acres a. remaining IRR -2 PAN balance gblacre) L TOTAL PAN BALANCE FOR FIELD (Ibs.). ccIumn r: s u. application window' 31/0 LQi%Z044 — o 2F– e."01,ge" z I- a-33 41EY Aur.- ' .7, o y �f 711 4 �a7 -S r D l D 1947r - r t 'State current crop ending application date or next crop application beginning date for ava,iadie receiving crops during 30 day drawn down period v, .Total PAN available for all fields (sum of column t) = 3s 3 Ib. PAN rt PoA (30 Day) 2121100 2 MAR.24.2000 2:35PM CARROLL'S FOODS NO.149 P.6 IV. FACILITY'S PoA OVERALL PAN BALANCE w, Total PAN to be land applied .(line n from section II) Ib. PAN x. Crop's remaining PAN balance (line v from section III) a 3s-4 Ib. PAN y. Overall PAN balance (w - x)lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here Including pump and haul, depopulation, he 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. IU animal waste is to be hauled to another pemitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. , NARRATIVE: f�. PoA (30 Day) =1100 3 I , •` , - �. 0 Division of Soil and'Water Corse-vation Operation Reveew.- t } t{,1 , �y, ,'.Div�sion of Soil and' Water Conservatlon �'Comphance Inspection ��.� t� ,l , �j'j� q��yp�i DIViS1oA of W8�$C QUa�lty. € [.'OtilhliRA4e [1S�&t1011 q 1.1 k0" ; �Ee ! I y' '� �''I I nth' 1 _ti r.� 4 tE€ f ii �� 1 �] i)u 11 1 1�1' i. sl'i I -: I f fi Y , Otlitir Agency Operation %Review O Routine Q Complaint O Follow-up of DW9 inspection O Follow-up of DSWC review ja Other Facility Number Z 25 Date of Inspection Time of Inspection 2= 24 hr. (hh:mm) Permitted 0 rtified 0 Conditionally Certified © Registered 1p Not O erational Date Last Operated: 1 �l s Count Cl7-��- Iarm Name: ...........Q..�' 1................................................................................................... y ............................. 5.................... ....................... Owner Name:...... ��.I .. ..5 ............ ....f..�+......n.t.��i' 2. ......... Phone No:J..�h�......................... ��� Facility Contact: ..�l�%�/t ��as�x"-- ................... Title a Phone No: .......... Mailing Address: .... .... W t{.Jf /!',,,C'........... �.......................... 4.►��.Z Onsite Representative:.,, J1G�,!� Integrator....._ �tl/.,,..,�*�Z........... '.................:........................ .... Certified Operator:..... a;lf %,0,1 „� ..•. „ rJ�" Operator Certification Number: r .....:..................................... .............................. Location of Farm: r................................................................................... ................... .. ..... Latitude Longitude �• �� �« ;.. ' Design Current t;' ,ISI , Designs '; Current .° „ Design Cu'rr'ent Swine r„ . Ca aci Po ulation Poultry ;Ca aci po.. ulation Cattle Capacity Po ulation,j:,,` ❑ Wean to Feeder ❑ Layer ❑Dairy Feeder to Finish Non -Layer Non -Dairy f ,. Farrow to Wean -a'! : - I. _ ❑ Farrow to Feeder • ' ❑ Other r ❑Farrow to Finish TotalDesign: Capacity ❑ Gilts. ' ❑ Boar$ Total:SSLW .1. , €, ., ��' Ndwber,of C.agoons s :. ❑Subsurface Drains Present ❑Lagoon Area ❑ Spray Field Area ; I (',;Holding ronds I Solid' Traps i+ " t ❑ No Liquid Waste Management System r " Discharges & Stream Impacts I. Is any discharge observed from any part of the operation? ❑ Yes ONo Discharge originated at; [:]Lagoon ❑ Spray Field [:]Other a. If discharge is observed, was the conveyance man_made•? ❑ Yes qNo h. If discharge is observed, did it reach Water of the Stale•? (If yes, notify DWQ) ❑ Yes o c. if discharge is observed, what is the estimated flow in gal/min? 14 d. Dees discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes 4No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes 4No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes RNo Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway XYes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (inches): .........r.J................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, [] Yes P -No seepage, etc.) 3123199 Continued on back Facility Number: — Z Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (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? 8. Does any part of the waste management system other than waste structures require maintenance/improvement'? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement`? 11. Is there evidence o�over application? ❑ Excessive Ponding ❑ PAN 12. Crop type 13. Do the receiving cro�s differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. is there a lack of adequate waste application equipment? Ree uired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement'? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have'a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ]_—]No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No �'VQ yigl� i�jtjs:o� d�i�eiencies i t -e jnptet� �iIrrittg #ttis;v sit; YOO:W li•teeiye i) futj tit r , . ❑ No ❑ Yes ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑Yes El No ❑ Yes ❑ No 13. Do the receiving cro�s differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. is there a lack of adequate waste application equipment? Ree uired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement'? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have'a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ]_—]No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No �'VQ yigl� i�jtjs:o� d�i�eiencies i t -e jnptet� �iIrrittg #ttis;v sit; YOO:W li•teeiye i) futj tit r , . corrin orideit&abbui this visit. yj{ {9 - ,I.(' ,f w ,I? 71 �tl, ":I -I' 'M;1, 1'."i„ i 'i' I;,1 .. ,.t i f,4f : U."r. ;k3 <- rl 1 !F -". 3Y3E °1.Y ki-,�" IMg1 'NN'rr,,t3Yil�f;i55 '1kY ICommentS Ieferi3to questson #): Explaiwany j , ianswers ana/artfany recommendations or any other,commentsl y 1I� �i : ! -- -E j1,,. L..s.� I I .I1r U drawings se lof facility to better explain situations (use,additional pageslaslnecessary) ,I�� I!`OI o lj" [,7 F� i=�ei;, k.a fSC,., �:Fu: 1..3 1,l- iP:Yi.{4rfn.�<r i" P111+7{a` �,� L.l,. ,. � - € y., . I,n Ij 7!I �.'j,: � n 1-iJ;i.' �, �, Il d,, o t .v '.a.. .1f..nrl�v dw ..; ;!• !1 -a -.f flip /h;s U('s;- - cis eG to A%001- XGvc , �.� �� . --� r-r� c� a�•crn- Gc14.S T,wvC ar -�rS Vl5r�. P � �o �c W a S 5 r t w . �/ IL ©— ICY4_ h cjoser t f75' ec f d7�,_ 7�r)as ���t 7LI1 e sY 4-p- 1_. w cis a- P Ox Sh a rT-/n-C- -O c d , a /Ua f 'I } 3 I'�1 (. �� �;1-�•1-.:� 't I'. .d 11 r.l 5 f I 'r3 .. Y'-�jk1N Reviewer/Inspector Name '.I�a- Reviewer/Inspector Signat e: ,�y�Y Date: 3— %— V 0 ""4 J And f V '- S ) 11.�G 1 SSM t � I II IA� �00� MAR.22.2000 12:15PM CARROLL'S FOODS 7 DATE. TIME. TO: FROM. FAX NUMBER. NLRWBER OF PAGES SUBJECT: NO. 015 P.1 CARROLL'S FOODS,INC. P. 0. Drawer 856 Warsaw, North Caroti a 28398 910-293-3434 910-393-7351 (Fax) RECEIVED FAX TRANSMITTAL SHEET 14AR 2 2 2000 FAYETTEVILLE REG. OFFICE 3-d'l-oa �, APR 04 '00 10:11AM CARROLL'S FOODS P. 1124 CUROLL'S Foonsl INC. P.O. Drawer 956 WARSAW, NORTH CAROLINA 28388 Telephone No. 910-293-3434 Fax No. 910-293-6957 RECEIVED FAX TRANSMITTAL SHEET 2000 FAYETTEVILLE REG. OF; ICE DATE: TIME: TO: FAX NO.: -y 4t,-010'1 PAGES: 3 MESSAGE: APR 04 '00 10:11AM CARROLL'S FOODS VIA FACSIMILE Mr. Paul Rawls NCDENR, Division of Water Quality Suite 714 Wachovia Bldg. Fayetteville, North Carolina 28301 Mr. Frank Crawley, Special Deputy Attorney General N.C. Department of Justice, Enviromnent Division Post Office Box 629 Raleigh, North Carolina 27602-0629 Re; Pork Plus Farm Facility No. 82-025 Dear Sirs: P. 2%24 CARROLL'S FOODS, INC. P. O. Drawer 856 WARSAW, NORTH CAROLINA 28398 April 4, 2000 RECEIVED APP 4 2000 FAYETTEVILLE REG. OFFICE 1 am contacting you to update you on the current status of the Pork Plus farm and our efforts toward addressing environmental and permitting concerns. Please refer to the attached copy of documents previously submitted to N.C. DLNR which clearly outline steps already taken, steps in progress and future plans of this farm. 1 have been informed that the office of the N.C. Attorney General may be considering a legal action against the Pork Plus farm. I further understand that the pending action may require me to reduce the animal population at Pork Plus to 3200 head_ At the present time, there are 3,687 animals on the farm. On April 7L', 380 will be sold and on April 17" 630 will be sold. This will bring the total on the farm to 2,677. The placements will be controlled so as not to exceed 3200 head from that date forward. This population reduction is according to our letter of March 28i6 . Further, I may be required to prepare a plan to lower lagoon levels to 19" or greater. I have already submitted a 30 -day plan of action to do this and am on schedule to have 19" or greater within that time frame. 1 don't understand why any legal action is being contemplated given the fact that i have already done the things that DWQ has recommended. Additional measures planned at Pork Plus include: 1. Resetting the liquid level indicator in the lagoon to the proper elevation. The existing indicator has been determined to be installed incorrectly, making it appear that there is less freeboard available than there actually is. Resetting the indicator will be done no later than Tuesday, April 4, 2000. 2. We are in the process of determining which of two methods we will use to remove sludge accumulation in the lagoon. We will be testing a centrifugal separation machine on one of our farms April 4, 2000. We are tioptimistic that this machine will be able to efficiently remove the solids for removal from the farm. Another potential approach for sludge removal is to pump the solids in a more liquid form into tankers for transport off the farm. Whichever of these methods appears more effective and efficient will be the method we pursue. 3. After the sludge has been removed, I plan to re -apply for an operating permit for 5100 animals on this fano. This level of production can safely be maintained after sludge removal and a revised Waste Utilization Plan showing adequate land and cropping program. APR 04 '00 10:11AM CARROLL'S FOODS Mr. Paul Rawls Mr. Frank Crawley April 4, 2000 Page Two P. 3/24 Hopefully, this letter will serve to clarify the steps already taken and those proposed to insure the safe compliant operation of Pork Plus. If you have any questions, please feel free to contact me at 910-293-3434, APR 04 '00 10;11AM CARROLL'S FOODS March 28, 2000 Sue Homewood NCDENR-DW Q Nott -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Status Update of Pork Plus Facility No. 82-025 Dear Ms. Homewood. P. 424 This reply is in response to your letter dated March 22, 2000. The population of the above farm will be at 3200 head on or before April 19, 2000. The farm will remain at 3200 head until my retrofit is complete and approved by DWQ. I anticipate the retrofit to be complete in the near future. Also, I have attached a copy of the Amended Waste Utilization Plan. If additional data is needed, please call me or Howard Hobson, Technical Specialist at 910 293-3434, Cc: Jeffery Broom, DWQ Fayetteville Office Howard Hobson Dexter Edwards Jerry Hairy rLA'1rd4l'70ro 16 12M CRRj20'tL1F'FOODSnm3n rRGIGi7v/1nN r► I r%reu■i.mb. • r.iw �. r/24 Facility. Number: 5 Facility Name: t;o Qlc Pw-5 Certified Operator Name: County: �.... OV. Operator 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for,lagoons without spillways: and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure a Lagoon Name/Identifier (ID): 1 Spillway (Yes or Noy No Level (inches): 1 S. (�, 2. Check all 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. • 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. Volume and PAN content of waste to Pumped and hauled is reflected in section III tables, Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to tra_nsfer of waste to a site not covered in the facility's certified animal waste management pian. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 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 abillty, the Information is accurate and correct. J r-CIl f IV 1. Facility Ow Manager (print) PoA Cover Page 2121100 / J / APR 04 6.--10'_1 cilK /A)&mf;a-hager (sig attire) PoA Cover Page 2121100 Date: -� — — . 6/24 APR 04�'0&fl J3 iIAQMI CQLus+lTUA HIGH FREEBOARD AT ANIMAL FACILITIESP-7/24 THIRTY (30) DAY DRAW DOWN PERIOD L TOTAL PAN TO BE LANG' APPLIED PER WASTE STRUCTURE 1_ Structure Namelldentifier (ID): I 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c x line d x 7.48aa� Ilons = 12 ft3 1940 _ inches 13 inches �.¢ inches 87 e A 5 ftZ 194- ,,43!; gallons 3. Projected volume of waste liquid produced during draw down period f temporary storage period according to structural design � 6,0 days g. volume of waste produced according to structural design SDs ¢g� ft3 h. actual waste produced = :moo rre herd # x line g = S6, z6s ft3 certified herd # i. volume of wash water according to structural design j, excess rainfall over evaporation according to design k. (lines h + i +i) x 7.48 x 30_ __dabs line f 4. Total PAN to be land applied during draw down period 1. current waste analysis dated¢/? 00 m. (lines e + k] x line I = 1000 REPEAT SECTION! 1 FOR EACH WASTE STRUCTURE ON SITE PcA (30 Day) 2121100 1 o ft3 1.�rn ft3 13 5,15 d gallons 3.5 IbI1000 gal. ilia Ib PAN Il. 7GnPlj�e1 e...1,0: 130MS WRRO��� ILRSATH1N STRUCTURAL FREEBOARD AND/ORPs8/?4tJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: / line m = Ib PAN 2. structure ID: line m = Ib PAN 3. structure ID: 4. structure ID: 5. structure ID. - 6. D: 6. structure ID: n. lines 1 +2+3+4+5+6 = line m = lb PAN line m = Ib PAN line m = lb PAN line m = Ib PAN Ib PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # Q. crop r. acres s. remaining IRR -2 PAN balance (Iblacre) L TOTAL PAN BALANCE' FOR FIELD (Ibs.) column r x s U. application window' 31/0 C fn y / aid a, q /70 y J410 66 O. ;L /7,9 37Y 3 ro C # .S /70 6 a 4 D 4, 17a 2-33-� %, 7,l 1170 ! .2s7 r -S !o .23 r 'State current crop ending application date or next crop application beginning date for available receiving craps during N day drawn down period v. Total PAN available for all fields (sum of column t) _ _-5534- Ib. PAN PcA 130 Day) 2121100 2 APR 04 '00 10:12AM CARROLL'S FOODS IV. FACILITY'S PoA OVERALL PAN BALANCE P.9/24 w. Total PAN to be land applied (line n from section II) a /i/* lb. PAN x. Crop's remaining PAN balance (line v from section ill) 3 -sem 6 _. lb. PAN y. Overall PAN balance (w - x) 2.i Ib. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here Including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste Is to be hauled to another permitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PaA (30 Day) 2121100 3 APR 04 '00 10.13AM CARROLL'S FOODS State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 22, 2000 Sonny Faison Pork Plus PO Box 856 Warsaw, North Carolina 28398 P. 10/24 NCDENR NORTH CARQUNA DEPARTmew of ENvrRQNMENT AND NATURAL RESOURCES Subject: Certificate of Counraae No. AWS820025 . . Pork Plus Sampson County Dear Mr. Faison, Per your communications with Jeffery Brown of the Division of Water Quality — Fayetteville Regional Office, the Pork Plus facility will need to be issued a new certificate of coverage for 3200 Feeder to Finish swine. In order for me to reissue the Certificate of Coverage, please submit a new Waste Utilization Plan for this facility for 3200 swine as well as an expected date that the facility will be operating at or below this population. It is my understanding that you requested confirmation that once the waste management system at this facility is retrofitted, you will be allowed to restock the facility to the registered population of 6000 Feeder to Finish swine. Please consider this letter as confirmation that you will be reissued a new Certificate of Coverage for 6000 swine once retrofits are complete and approved by the Division of Water Quality. If you have any questions or comments please do not hesitate to contact me at 919-733-5083 extension 502 or Jeffery Brown at 910-486-1541. S' ely, Sue Homewood Non -Discharge Permitting 'Cc:. Howard. Hobson, Carroll's Partnership Realty Permit File AWS820025 Jeffery Brown, Fayetteville Regional Office, Water Quality Section Non -Discharge Compliance Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 5046 recycled/]0% post -consumer paper APR 04 '00 10:13AM CARROLL'S FOODS �ARty( P. 11/24 COPY March 28, 2000 Sue Homewood NCDENR-DWQ Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Status Update of Pork Plus Facility No. 82-025 Dear Ms. Homewood: This reply is in response to your letter dated March 22, 2000. The population of the above farm will be at 3200 head on or before April 19, 2000. The farm will remain at 3200 head until my retrofit is complete and approved by DWQ. I anticipate the retrofit to be complete in the near future. Also, I have attached a copy of the Amended Waste Utilization Plan. If additional data is needed, please call me or Howard Hobson, Technical Specialist at 910 293-3434. Cc. Jeffery Brown, DWQ Fayetteville Office Howard Hobson Dexter Edwards Jerry Hairr APR 04 '00 10:13AM CARROLL'S FOODS WETTABLE ACRE PLAN FARM # --____M_ PORK PLUS TYPE FARM---- 3200 FEEDER TO FMSH COUNTY -- ----- _ SAMPSON DATE-------------- 03/27/2000 P. 12/24 APR 04 '00 10:13AM CARROLL'S,FOOD RIM ETER 2 1928 2a P.13/24 PREPARED BY:Carroll's Foods, Inc. DATE:07112/99 TIME:03:33:32 PM PAGE:1 APR 04 '00 10:13AM CARROLL'S FOODS P.14i24 ! ! CAUTION 4 4 TBE ATTACHED WASTE UTILIZATION PLAN IS TO BE FOLLOWED. IF CHANGES ARE TO BE MADE IN CROPS, FIELDS, ACRES, IRRIGATION, TRACTS, ETC., THIS WUTP IS TO BE REVISED OR AMENDED BEFORE ANY CHANGE IS MADE. ANY DEVIATION IN THE PLAN AND WHAT IS HAPPENING IN THE FIELD MAY RESULT IN NON-COMPLIANCE. APR 04 '00 10:14AM CARROLL'S FOODS P.15i24 page, 1 WASTE UTILIZATION PLAN ------------------------ Producer ----- :F.J. FAISON County: SAMPSON Name of Farm -:PORK PLUS Location -----:PO BOX 856 WARSAW, NC 28398 Phone --------:910 293-3434 Type Operation ------------- FEED -TO -FINISH Number of Animal-----------: 3200 Storage Structure----------: Anaerobic Lagoon Method of application-------: Irrigation Amount of waste produced per year---------------: 6080 tons/year Amount of plant available N (PAN) produced/year-: 7360 lbs./year The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall not be applied to land eroding at more than 5 tons per acre per year. waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may in runoff to the surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoild drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. APR 04 '00 10:14AM CARROLL'S FOODS Page 2 P.16/24 Thisplan is based on the waste'application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and the crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. APR 04 '00 10:14AM CARROLL'S FOODS ?age 3 YOUR WASTE UTILIZATION PLAN IS BASED ON THE FOLLOWING: P.17/24 Tract Field Soil Crap Yield Lbs. N Lbs. N Month to No. No. Type Code /Acre Unit Acres Used Apply 3410 2 E NORFOLK K N/A 50.00 207 S -APRIL 3410 2 E NORFOLK B 5.2 50.00 4.1 1076. MAR -OCT 3410 2 F NORFOLK K N/A 50.00 355.5 S -APRIL 3410 2 F NORFOLK B 5.2 50.00 7.1 1848. MAR -OCT 3410 6 A GOLDSBORO K N/A 50.00 118 S-AFRIL 3410 6 A GOLDSBORO U 3.4 50.00 2.4 401.2 F-JUN,S-N 3410 6 B GOLDSBORO K N/A 50.00 107.5 S -APRIL 3410 6 B GOLDSBORO U 3.4 50.00 2.2 365.5 F-JUN,S-N 3410 6 C GOLDSBORO K N/A 50.00 226.5 S -APRIL 3410 6 C GOLDSBORO U 3.4 50.00 4.5 770.1 F-JUN,S-N 3410 6 D GOLDSBORO K N/A 50.00 243.5 S -APRIL 3410 6 D GOLDSBORO U 3.4 50.00 4.9 827.9 F-JUN,S-N 3410 6 E RAINS/LYNC K N/A 50.00 354 S -APRIL 3410 6 E RAINS/LYNC U 3.4 50.00 7.1 1203. F-JUN,S-N 3410 6 F WOODINGTON K N/A 50.00 71.5 S -APRIL 3410 6 F WOODZNGTON U 3.4 50.00 1.4 243.1 F-JUN.S-N ------------------------ ------ ----- ----- ----- ------ ------- Total 33.7 8420 Available Nitrogen (includes commercial) 7360 Surplus Or Deficit -1060 Crop codes: Crop -unit A-Barley-bu. B=aermudagrass(graze)-tons C=Bermudagrass(hay)-tons D=Corn(grain) -bu. E=Corn(silage)-tons F=Cotton-lbs. lint G=Fescue(graze)-tons H=Fescue(hay)-tons I=0 ats -bu . J=Rye-bu. K=Small grain(graze)-acre L=small grain(hay)-acre M-Sorghum(grain)-cert. W=Wheat-bu. Y=Fescue(pasturs)-tons Z=Bermudagrass(pasture)-tons O=Soybeans-bu. R=Matua(graze)-tans U=Millet (graze) -tons Applying the above amount of Waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only Addresses nitrogen. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine'inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain APR 04 '00 10:14AM CARROLL'S FOODS Page 4 P.18/24 etc, is to be removed for hay or silage, care should be exercised not to to let small drain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times durin the season, depending on time small grain is planted in the fa 1. The ideal time to interplant small grain, ate, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur in livestock. Sampling forage or hay for nitrate levels is recommended. Acres shown in the tables are considered to be the usable acres excluding required buffers , filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the field listed may, and most likely will be, more than the acres shown -in the tables. Sea attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION; The waste utilization plan must contain provision for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1152 lbs. of plant available nitrogen per year in the sludge. If you remove sludge every 5 years, you will have approximately 5760 lbs. of PAN to utilize. assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 lbs. of nitrogen per afire, you will need 19 acres of land. If you apply the sludge to corn at the rate of 125 lbs. of nitrogen per acre, you will need 45 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and application methods. Page 5 APR 04 'ee 10:15AM CARROLL'S FOODS APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture, content, soil structure, soil texture, water droplet size, and or anic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in tables. Failure to apply the recommended rates and amounts of nitrogen shown in the table may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Applic Applic Tract Field Soil Rate Amount No. No. Type Crop (in/hr) (inches) P.19/24 This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations the application amount shown cannot be applied. because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your fability is designed for 160 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instances should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or APR 04 '00 10:15AM CARROLL'S FOODS Page 6 one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to P.20/24 apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of Waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION THIS WUP HAS BEEN AMENDED TO SHOW A REDUCTION OF "TFXS TO 3200. HE WUP WILL D ONCE ETROFITS ARE C-OlUrETE. ID FIELDS. 'f, APR 04 '00 10:15AM CARROLL'S FOODS Page 7 WASTE UTILIZATION PLAN AGREEMENT Name of Farm: PORK PLUS Owner/Manager Agreement P.21/24 I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to the surface Waters of the state from a storm event less severe than the 25 -year, 24- hour storm. The approved plan will be filed on-site at the farm office and at the office of the local soil and Water Conservation District and will be available for review by NcnwQ upon request. Name of Facili F.J. FAISON (Please print Signature Date.- Name ate:Name of Manag diffet from owner): Signature 41111 _ � � Date: . - Y1_ dU Name of Person paring Plan:, Howard Hobson (Please print:) Affiliation: Carroll's Foods, Inc. Phone: 910.293-3434 Address: P 0 Drawer 856 Warsaw, NC 28398 Signature: %6tzL}l_� _ Date: -3.127 /Zaoo� Ye APR 04 '00 10:15AM CARROLL'S FOODS P.22i24 Page 8 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS EXHIBIT A-6 MRCS, NC JUNE, 1996 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation of land application. Any discharge of waste which reaches surface water is prohibited. Z. There must be documentation in the design folder that the producer either owns or has a notarized agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of a notarized agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. Actual yields may be used in lieu of realistic yield tables at the discretation of the planner. 4. Animal waste shall be applied on land eroding less than 5 tons per acre per year. waste may be applied to land that is eroding at more than 5 tons but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strips) 5. Odors can be reduced by injecting the waste of disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste should applied to saturated soils, during rainfall events, or when the surface is frozen. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should. be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop or forages breaking dormancy. APR 04 '00 10:16AM CARROLL'S FOODS Page 9 P.23/24 11.'Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least So feet from any residential roperty boundary and from'any perennial stream or river other han an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after 10/1/95, shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial pro- vided adequate vegetative filter strips are present (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet from wells. 13. Animal waste shall not be applied closer than zoo feet of dwellings other than those owned by landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animals waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over spraying. Animal waste may be applied,to prior converted cropland provided it has been approved as a land applications site by a "technical specialist". Animal waste applied on grassed waterways shall be at agronomic rates and in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (la oon embankments, berms, pipe runs, etc.). Areas shll be fenced, as necessary, to protect the vegetation. vegetation such as trees, shrubs, and other wood species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the., facility is terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution.and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible permanent markers shall be installed to mark the to and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume .for waste storage ponds. 22. Sbil tests shall be made every two years and a liquid waste analysis be taken at least twice each year consistent with :waste utilization plan. Poultry litter shall be tested prior to.application. Soil and waste analysis records shall be kept for five years. 23. Dead animals will be disposed of in a manner that -meets North Carolina regulations. Imeda+rurr/Olortmor NFle+c! Addrem. F Telrplionc: TAII1.9 I - Michi Specificnliolm 'i IRRIGATION SYSTEM D SIGN PARAMETERS Calmly: -- SwMow Wit! • RoFc �S r�r ., ..� 1,1Ii4.QS®w . N . G. Dale: - S/ i I:xlrnrrl• n -I -' m m 1.1041 Nondtrr �6A Apps-mLimale f►larinuw1 Ilrralde Crra nF vlrld2 (arrr.) !lull Type BFope (hL) (aa (a) kraIh me+ 11Tae1mnrp ApFd1CPIRoo Applirngoa ptrlrrfgwllon 0003 Lyik� [la/6�) (MrTlra) - Coarnxpls z• 4r0- 0- 66 _ 2-1-5 40LO.5 ,& ro Q -Z- Z6C' 6c 4.53 6rLbB p.s .In 6 A 4-87 4p.40 F= 1-43 Ems_C 7EF1 e0 S v p T ISce numbed nuq►. '7n1n1 liclrl Velemµ 111111 x reyaired 1"IffeF turns. 111VIC:F In N. (:. Inil,olirm (hlitle, Fickl011kc Tecl++►ica) Ouide, heelion 11(1, Amtunl +q+1�Ircalian nlusl nol elteee�l the ngrollou�ie rales for Il rt soil oorl crap used. C) D .Z3 :I3 O r r cry O O 0 Ul N A NIWS, Nr A )UNI:, IT)I, N.C. ATTORNEY GENERAL Fax :919-716-6767 Mar. 31 '00 10:38 P.01 RECEIVED r ,�r�,. MAR 3 1 2000. State of �vorttf-ar,oiina SHCHAZI, R EASLL-:1' bel):)fTiTiC'�i�''t��tici; .. >t i FAYMEVILLE Y g V. �Jl' , p' REG. OFFICE • i ..r1 �'�i. it '1 � i ` ,, !Phone -..a ,5(919) 716-6600 L tI~ ax', i�� (919) 716-6767 TELECQPIE TRAS'NlllTAL SHEET TO: Ar Ilk DATE. NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET): CONFIRM RECEIPT OF DOCUMENTS) IF MARKED HERE: COMMENTS: �R `ootic. Alt c' - \. - 1A L. \ t • - 1- - -- rA r" �S)e4t � l " N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:39 P.02 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF SAMPSON 2000 CVS STATE OF NORTH CAROLINA, ex ret. BILL HOLMAN, Secretary of the North Carolina Department of Environmeoit and Natural Resources, and MICHAEL F. EASLEY, Attorney General, Plaintiff, V. CARROLL'S REALTY PARTNERSHIP, a North Carolina general partnership, CARROLL'S FOODS, INC., a North Carolina Corporation, CARROLL'S REALTY, INC., a North Carolina Corporation, FAISON INVESTMENTS, LLC, a North Carolina Limited Liability Company, MA rr FAMILY PROPERTIES, LLC, a North Carolina Limited Liability Company, and F. J. FAISON, JR., Defendants. COMPLAINT AND MOTION FOR INJUN&IVE RELIEF Plaintiff, State of North Carolina, complaining of the defendants, alleges and says: ' - -.�%R 1. Plaintiff is the sovereign State of North Carolina. This action is being brought on the relation of Bill Holman, Secretary of the Department of Environment and Natural Resources (hereinafter referred to as "DENR"), the State agency established pursuant to N.C. Gen. Stat.. 143B-275, er seq., and vested with the statutory authority to enforce the State's environmental pollution laws, including laws enacted to protect the water quality of the State. This action is also being brought on the relation of Michael F. Easley pursuant to his common law power as Attorney General to bring civil actions to abate public nuisances. N.C. Gen. Stat. § 114-1.1. N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 31 '00 10:39 P.03 2. Defendant Carroll's Realty Partnership is a North Carolina general partnership which . operates a feeder to finish swine operation known as the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina. Carroll's Realty Partnership holds Certificate of Coverage No. AWS820025 authorizing the operation of an animal waste collection, treatment, storage and land application system at the Pork Plus farm in accordance with General Permit AWG100000. 3. Defendant Carroll's Foods, Inc. is a North Carolina Corporation doing business in Warsaw, North Carolina and is a partner in Carroll's Realty Partnership. 4. Defendant Carroll's Realty, Inc. is a North ,Carolina Corporation doing business in Warsaw, North Carolina and is a partner in Carroll's Realty Partnership. 5. Defendant Faison Investments, LLC is a North Carolina Limited Liability Company doing business in Warsaw, North Carolina and owns an undivided interest in the land upon which a feeder to finish swine operation takes place at the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina. 6. Defendant Matthews Family Properties, LLC is a North Carolina Limited Liability Company doing business in Warsaw, North Carolina and owns an undivided interest in the land upon which a feeder to finish swine operation takes place at the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina. 7, Defendant F. J. Faison, Jr. operates a feeder to finish swine operation known as the Pork Plus farm (facility No. 82-25), located south of the town of Turkey in Sampson County, North Carolina and owns an undivided interest in the land upon which the Pork Plus farm (facility No. 82. 25), is located. F. J Faison, Jr. is the president of defendants Carroll's Foods, Inc. and Carroll's 2 N.C. ATTORNEY GENERRI_ Fax:919-716-6767 Mar 31 '00 10:39 P.04 Realty, Inc., and, upon information and belief, is the manager of defendants Faison Investments, LLC and Matthews Family Properties, LLC. 8. The Superior Court has jurisdiction of this action for common law public nuisance and for injunctive relief to enforce the State's environmental pollution laws and administrative rules pursuant to N.C. Gen. Stat. §§ 7A-245 and I43 -215.6C. 9. Sampson County is a proper venue for this action, because the nuisance and violations of law alleged are occurring in Sampson County. GENEBAL- "GATIONS Applicable Laws and Regulations 10, N.C. Gen. Stat. § 143-215.1 forbids any person to 'make outlets into the waters of the state" or "cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the . assigned classifications" unless the person has a permit to do so issued by the Environmental Management Commission (the "EMC')." N.C. Gert. Stat. § 143-215.I(a)(1) and (6). 11. More specifically, N.C. Gen. Stat. § 143-215.10C provides that no person may construct or operate an animal waste management, system for an animal operation without fust obtaining either an individual permit or a general permit from the EMC. An "animal waste management system" is defined as "a combination of structural and non-structural practices which will properly collect, treat, store or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the State by any means except as a result of a storm event more severe than the 25 -year, 24 hour storm." 15A NCAC 2H.0203(3). 3 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:40 P.05 12. Subchapter 2H.0200 of TitIe 1 SA of the North Carolina Administrative Code',(the:' "non -discharge rules") establishes the requirements and procedures for application and issuance of permits for waste disposal systems, including animal waste management systems, which are not authorized to make any discharge to the surface waters of the Mate. A copy of these rules is attached as Exhibit A. The non -discharge rules provide that none of the rules shall be deemed to allow violation of any assigned water quality standard, and, further, that any such discharges shall be considered a violation of a condition of a permit. 1 SA NCAC 2H.0217(f). 13. The EMC has developed a Swine Waste Operation General Permit for swine operations (the "General Permit'. A copy of the General Permit is attached hereto as Exhibit B. A certified animal waste management plan ("CAWNiP') must be submitted as part of an application for a Certificate of Coverage under the General Permit. A CAWMP must contain the animal waste management practices or combination of practices which are selected to comprise a plan for a specific feedlot. 15A NCAC 2H.0217(a)(1)(H)(i). The CAWMP is incorporated by reference into the General Permit issued to a swine farm operator. The purpose of the CAWMP and the General Permit is to assure that the public health, safety and welfare are adequately protected from swine farm operations. Included in the plan are performance and operations standards and requirements that assure that the swine operations will be carefully designed and operated in a manner to accomplish their -purposes. Siting of waste lagoons and spray irrigation fields and the establishing of proper freeboard levels in the Iagoons are critical in the design process to protect the public health, safety, and welfare of the citizens of North, Carolina. 14. The General Permit contains numerous provisions, including the following that are pertinent to this case: 4 N.O. ATTORNEY GENERAL Fax:919-716-6767 Mar 31.'00 10:40 P.06 (a) Condition I (2) of the General Permit provides that any violation of the Certified Animal Waste Management Plan is a violation of the General Permit and subject,to enforcement action. (b) Condition V (3) requires that the maximum waste level in the lagoon shall not exceed that specified in the Certified Animal Waste Management Plan, and, fiitsher, requires that, at a minimum, the waste level for the lagoon established in the CAWMP cannot exceed the level that provides adequate storage to contain a 25 -year, 24-hour storm event plus an additional one foot of freeboard to protect the structural integrity of the lagoon embankment. (c) Condition M (5) requires that records of land application events and solids removed to an off-site location be maintained in chronological and legible form for a minimum of three years and be kept readily available for inspection. (d) Condition III (6) requires that the permittee report by telephone to the appropriate Division of Water Quality Regional Offices as soon as possible, but no more than 24 hours following the first knowledge, the following occurrences: (1) Failure of any component of the animal waste collection, treatment, storage, and land application system resulting in a discharge to surface waters. (2) Any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal and/or sludge; : (3) Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. 5 N.C. ATTORNEY GENERAL Fax :919-716-6767 Mar 31 '00 1041 P.O? (4) Failure to maintain storage capacity in, a lagoon/storage pond greater than or, equal to that required in Condition V (3) of this General permit; (5) Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters; and (6) Any discharge that bypasses a lagoon/stomge pond resulting in a discharge into surface waters or that poses a serious threat to the environment. 15. The EMC has delegated to the Director of the Division of Water Quality ("DWQ") of DENR the authority to issue individual non -discharge permits and certificates of coverage under the animal waste management system general permit. N.C. Gen. Stat. § 143-215.3(x)(4); 15A NCAC 2H.0209. 16. Whenever DENR has reasonable cause to believe that any person has violated or is threatening to violate any of the provisions of the State's environmental laws or administrative rules, including State water quality laws and rules, DENR is authorized to "request the Attorney General to institute a civil action in the name of the State upon the relation of [DENR] for injunctive relief to restrain the violation or threatened violation," and, "the court shall grant the relief necessary to prevent or abate the violation or threatened violation." N.C. Gen. Stat. § 143-215.6C. 17. Under the common law of North Carolina, the Attorney General has the power and authority to file a civil action on behalf of the citizens of the State to abate a public nuisance affecting the public.health, safety or welfare. Fadual Allegations 18. On August - 10, 1997, defendant Carroll's Realty Partnership submitted a Non - Discharge Permit application for the General Permit applicable to liquid animal waste operations for 1.1 N.C. ATTORNEY GENERAL Fax :919-716-6767 Mar 31 '00 1041 P-08 the Pork Plus farm which indicated that Carroll's Realty Partnership owned the land and operated. the feeder to finish swine operation known as Pork Plus farm (facility No. 82-25) near Turkey, North'. Carolina_ A copy of the application is attached as Exhibit C. 19. Defendant Carroll's Realty Partnership received a Certificate of Coverage under the General Permit for swine operations on July 2, 1998, for the Pork Plus farm which was permitted for a design capacity of 6,000 swine. Located on the facility are ten swine houses and an animal waste management system which consists of a lagoon with a design storage capacity of 766,512 cubic feet of animal waste and 68 acres of nearby spray fields onto which the animal waste stored in the lagoon is land -applied. A copy of the Certificate of Coverage is attached as Exhibit D. 20. The records of the Register of Deeds for Sampson County reveal that, at the time of the permit application, the land comprising the Pork Plus farm was owned in common by defendant F. J. Faison, Jr, and defendant Matthews Family Properties, LLC. In December, 1999, defendant Faison Investments, LLC acquired a portion of the undivided interest heretofore held by defendant Matthews Family Properties, LLC, but the certificate of coverage for the General Permit continues to indicate the land is owned by Carroll's Realty Partnership. 21- Upon information and belief, the Pork Plus farm is operated by defendant F. J. Faison, Jr. and defendant Carroll's Realty Partnership through defendant general partners Carroll's Foods. Inc. and Carroll's Realty, Inc., where F. J. Faison, Jr. serves each as president.. Hereinafter, the foregoing collectively are referred to as defendants. 22. On February 16, 1999, Scott Faircloth, an Environmental Specialist; II in the Fayetteville Regional Office of the Division of Soil and Water Conservation, inspected the Pork Plus farm and, based upon its storage capacity, determined the wastewater impoundment had the 7 N. C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 31 '00 10:42 P.09 characteristics of a holding pond and not those of a treatment lagoon. Defendants were instructed to contact their technical specialist to evaluate the treatment storage impoundment at the Pork Plus farm which, as a component of the animal waste collection, treatment, storage and disposal system, must be properly sized, maintained and operated. 23. Jeffery Brown, an Enviroirimental Engineer with the DWQ, met with Howard Hobson, Bob McLeod and Don Butler at the main office of defendant Carroll's Foods, Iric. in Warsaw, North Carolina, on March 10, 1999, to review the operation of the Pork Plus farm and, in particular, to learn of any corrective actions taken or proposed to be taken regarding the improperly sized lagoon and the over application of plant available nitrogen ("PAN") to the spray fields. The CAWMP used by Pork Plus was based upon the wastewater impoundment acting as a treatment lagoon. However, it does not have the storage capacity to treat the waste and acts only as a holding pond Therefore, the actual amount of nitrogen in the waste is higher than the nitrogen level used to calculate the PAN in the CAWMP. 24. From March, 1999 through June, 1999, defendant J_ F. Faison, Jr. and employees of defendant Carroll's Foods, Inc. considered options to address the improperly sized lagoon and animal waste disposal at the Pork PIus farm. Defendant Carroll's Foods, Inc.'s employees Howard Hobson, Bob McLeod, Don Butler and Dexter Edwards informed defendant J. F. Faison. Jr. by memorandum dated June 25, 1999, that "[i)a order to continue operation Pork Plus must either make changes to its treatment system or reduce animal numbers." The evaluation states that the Pork Plus waste lagoon at its current condition is sized for only 3,500 swine. A copy of the June 25, 1999 memorandum is attached as Exhibit E. N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 31.'00 10:42 P.10 25. By letter dated July 27,1999, defendant J. F. Faison, Jr. informed DWQ that he was inclined to add additional conventional lagoon capacity and additional acreage for spray irrigation at the Pork Pleas farm. 26. On August 4, 1999, Jeffery Brown inspected the Pork Plus farm and observed violations of the law and the General Permit, including bare spots on portions of the lagoon dikes and that the defendants had failed to notify DWQ that plant available nitrogen ("PAN') rates had been exceeded. As a result, a Notice of Violation was issued by DWQ on August 18, 1999, informing defendants F. J. Faison, Jr. and Carroll's Realty Partnership that, with the small PAN balance then existing on the spray fields, it did not appear the farm would be able to operate through the winter with the wastewater storage level at just 24 inches. Defendants had been made aware of this situation in February, 1999. 27. Defendants responded to the Notice of Violation by letters dated August 27, 1999 and informed DWQ that they had -decided a traditional waste lagoon and additional spray fields would be constructed at Pork Plus farm. The construction schedule attached to the response indicated the lagoon would be completed by October 15, 1999. . 28. A revised construction schedule for the additional lagoon and spray fields was submitted by defendants to DWQ on October 13, 1999. The revised schedule indicated the new lagoon would be completed by December 10, 1999, and the additional spray fields would be cleared and crops established in the spring and summer of 2000. 29. On January 21, 2000, the lagoon freeboard was only 18 inches. Defendants' failure to maintain adequate freeboard was a violation of the General Permit. 9 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:43 P.11 30. On January 31, 2000, defendants reported to the Fayetteville Regional Office of DWQ that there was only 15 inches of freeboard in the lagoon. Defendants' failure. to maintain adequate freeboard was a violation of the General Permit. 31. On February 10, 2000, Jeffery Brown again inspected the Pork Plus farm and observed the following violations of law and the General Permit: (1) the lagoon still had only IS inches of freeboard instead of the 19 inches required by the Certified Animal Waste Management Plan and the General Permit; (2) wastewater flowed from one of the swine buildings through.a surface water diversion ditch to a stream and waters of the State below the lagoon; and (3) the discharge of wastewater was not reported as required by the General Permit. 32. On February 21, 2000, defendant F. J. Faison, Jr. responded to DWQ's request for information regarding an evaluation of the waste storage structure and revision of the CAWMP. The response included the assertion that one ,urine house had been emptied and no more an-iinals would be placed on the farm until the liquid level in the lagoon has been lowered to 25 inches. In addition, Construction on the waste teatment and disposal system would now be completed in raid -summer. A copy of the response is attached as Exhibit F. 33. Violations have continued into March, 2000. On March 1, 2000, Bob Heath with DWQ inspected the Pork Plus farm. The lagoon had only 13 inches of freeboard. In addition, swine wastewater was observed in a roadside drainage ditch. On March 2, 2000, Bob Heath reinspected the Port: Plus farm and observed the freeboard in the lagoon was only l 1-12 inches. On March 6, . 2000, Mr. Heath again observed that the freeboard was only 14 inches.. Defendant's continued failure to maintain adequate freeboard is a violation of the General Permit. 10 N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 31 '00 1043 P.12 34. DWQ employees Bob Heath and John Hasty conducted a site visit to Pork Plus farm on March 7, 2000. They observed the freeboard continued to be at the 15 inch level in the lagoon and spray irrigation of wastewater was being conducted on a nearby field. • On March 22, 2000, Defendants submitted a copy of the records of episodes of irrigation conducted during the months of February and March and there was no irrigation event recorded for March 7, 2000. General Permit condition RI, 5 requires that all irrigation events be recorded and defendants' failure to record the spray irrigation that occurred on March 7, 2000 is a violation of the General Permit. A copy of defendants irrigation record for January through March 22nd is attached as Exhibit G. 35. An inspection of the Pork Plus farm on March 17, 2000 revealed the freeboard in the lagoon was only 15 to 16 inches and continued to be in violation of the General Permit. The spray fields were saturated and covered with standing water. 36. A recent inspection of the Pork Plus farm on March 22, 2000 revealed the freeboard in the lagoon was only 11 inches and standing water remained on the spray fields. 37. Defendants' most recently submitted "30 .day plan of action" to address the high freeboard at the fork Plus farm indicated the freeboard in the lagoon on March 24, 2000 was 15.6 inches and continued to fail to meet the level required by the CAVW and the General Permit. 38. In response to DWQ's requests for information about Pork Plus farm. defendant F- J . _ J. Faison, Jr. stated in a letter dated March 9, 2000 that there presently were 3,600 swine on the farm but no additional animals would be placed there until a herd size of 3,200 is reached. 'It is the owners' and operators' intention is to bring the farm. into compliance and return to the 6,000 head stocking rate. In another response dated March 28, 2000, defendant F. J. Faison, Jr.- stated the swine population would be at 3,200 head on or before April 19, 2000 and remain at that number until the 11 N.C. ATTORNEY GENERAL Fax :919-716-6767 Mar 3110 00 1043 P.13 retrofit is complete and approved by DWQ. Although defendants assert the lower swine population of 3,200 is the maximum that can be handled by the farm in its current condition and have calculated their latest 30 day plan of action on having no more than 3,200 swine on the farm, the 30 day plan of action will fail because more than 3,200 swine will be on the farm at least until April 19, 2000 and more animal waste will be generated than the volume accounted for in the action plan. A copy of defendant F. J. Faison, Jr.'s letter dated March 9, 2000 is. attached as Exhibit H and letter dated March 28, 2000 is attached as Exhibit I. 39. Since March of 1999, when defendants were notified in writing by Jeffery Brown, with DWQ of the waste storage capacity issue at Pork Plus Farm, defendants have failed to rectify. the problem at Pork Plus Farm. Defendants' correspondence with DWQ states that the Pork Plus waste lagoon at its current condition is sized for only 3,200 swine but the farm has continuously housed more than 3,200. For nearly a year defendants have been advising DWQ personnel in the Fayetteville Regional Office of various options under consideration to rectify the situation. Scheduled start dates have been extended and subsequently missed. On information and belief, the swine population has not been reduced to 3,200. 40. The inadequate freeboard Ievel in the lagoon poses a serious threat of an unlawful discharge of swine waste and wastewater into the waters of the State. If the liquid waste in the lagoon remains near the twelve inch zone, the structural integrity of the wall may be overcome and a resulting breech of the wall would occur. if that were to occur, wastewater would flow into a stream below the lagoon and into the waters of the State. 41. On information and belief, swine remaining on defendants' facility continue to produce waste that is being added to a lagoon that is undersized and already has inadequate 12 N. C. ATTORNEY GENERAL Fax :919-716-6767 Mar 31 '00 10:44 P.14 freeboard. Making matters worse, although defendants provided the State with a plan for bringing the lagoon into compliance with the law and regulations within 30 days from February 3, 2004, e.g., by bringing the freeboard to the required level of 19 inches, that plan failed due to inadequate effort to increase freeboard in the lagoon to the minimum required by the CAWMP and the General Permit. In fact, freeboard has decreased and has remained at an unsafe level during March, 2040. To alleviate the threat posed by the unsafe condition of the defendants' swine waste lagoon, the flow of swine waste into the lagoon must be stopped. To do this, defendants must immediately remove all of the swine from the Pork Pius farm. Afterward, the farm must remain depopulated of swine until brought into compliance with the law and defendants' CAWMP and General Permit. 42. The continuing violations of State law at defendants' Pork Plus Farm are the result of mismanagement. The CAWMP provided the basis upon which defendants could have managed This farm and avoided the serious threat now posed by inadequate freeboard in the lagoon. On information and belief, defendants could have and should have engaged in a spraying regime that would have lowered the volume of waste in its lagoon to a safe level before the rainy months of October through March, and sprayed on all available days since then to keep the freeboard at.a safe level. In addition, on information and belief, defendants could have transferred waste from the lagoon to other lagoons on swine farms they own or operate. On information and belief, defendants could have and should have further reduced the number of swine at the Pork Plus farm to maintain the frceboard required by the CAVAI Q and General Permit. On information and belief, defendants' conduct is the cause of the environmental threat posed by the condition of its lagoon or holding pond. 13 N. C. ATTORNEY GENERAL Fax : 919-716 -6767 Mar 31 '00 10:44 P.15 43. The allegations contained in paragraphs 1 through 24 are incorporated into this claim for relief as if fully set forth herein. 44. Defendants' CAWMP and General Permit require that the minimum freeboard that must be maintained is 19 inches. This includes storage capacity to hold the 25 -year, 24-hour storm event plus an additional 12 inches necessary to maintain the structural integrity of the lagoon. Defendants are in violation of the State's water quality laws and administrative rules, the CAWMP and General Permit because defendants, inter alga, (1) failed to. maintain the required minimum freeboard, (2) discharged swine waste to the waters of the State, and (3) maintained and continue to maintain the lagoon in a condition which poses a serious threat of future discharges of swine waste into the waters of the State, and (4) failed to notify the State of past discharges and over application of PAN when they occurred, and inadequate freeboard levels as required by the CAWMP and General Permit. 45. The lack of adequate freeboard poses a serious threat of rupture of the lagoon and discharge of animal waste into the waters of the State -- in violation of State law— unless immediate corrective action is taken. The risk of such a discharge increases as more waste is added to the lagoon. Such a discharge would cause immediate and severe injury and damage to the water quality of the State. For these reasons, the State is entitled to preliminary, and subsequent permanent, injunctive relief that compels defendants to depopulate the farm and bring it into compliance. with the law. N.C. Gen. Stat. § 143-215.6C, At a minimum, the Court should order defendants to cease violating the State's water quality laws and administrative rules, the CAVVW and General Permit. Specifically, the Court should order defendants to remove all of the swine remaining on its Pork Plus 14 N.C. ATTORNEY GENERAL Fax : 919-716-6767 Mar 31 '00 10:45 P.16 farm, to lower the level of the liquid impounded in the'lagoon to 19 inches of freeboard as required by the CAWMP and General Permit, and to forbid defendants from operating Pork Plus farm as a swine operation until defendants comes into full compliance with the law, including compliance with the CAWNiP and General Permit. 46. The allegations contained in paragraphs 1 through 27 are incorporated into this claim for relief as if fully set forth herein. 47. The continued operation of defendants' Pork Plus farm and lagoon without adequate freeboard is causing and continues to cause serious danger to the public health, safety and welfare of the people of North Carolina, thereby constituting a public nuisance. Such operation should be stopped until the nuisance has been abated. A` WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grant to it the following relief: 1. That the Court accept this verified complaint as an affidavit upon which to base . orders of the Court. 2. That the Court enter a preliminary injunction ordering defendants to: (a) prevent any further discharge of animal waste or.wastewater from the Pork Plus farm; (b) immediately remove all of the swine remaining on the Pork Plus farm; (c) lower the level of the liquid impounded in its lagoon to 19 inches within 30 days of the receipt of the newest plan of action referenced in Paragraph 2 (e) 15 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:45 P.17 below, and, thereafter, (1) maintain the freeboard level in accordance with defendants' certified animal waste mi uagemcnt plan and Ocneral Permit, and (2) install monitoring equipment designed to measure the lagoon liquid level that will alert defendants when the liquid reaches a critical level; (d) cease operating the Pork Plus farm as a swine operation until defendant comes into full compliance with the law, its certified animal waste management plan and General Permit; and (e) within 48 hours of the entry of the preliminary injunction, file with the Court a plan of action, acceptable to the State, which sets forth a timetable and the steps defendant will take to remove all swine from the farm within 14 days and to obtain 19 inches of freeboard in the lagoon within 30 days. (i) within 30 days of the entry of the preliminary injunction, file with the Court an evaluation of the reasons for the high freeboard and discharges at Pork Plus farm, and defendant's strategy to prevent high freeboard and discharges in the future. (g) contemporaneously serve on plaintiffs counsel the documents filed with the Court as required in Paragraphs 2 (e) and 2 (fl. 3. That the Court enter a permanent injunction forbidding defendants to operate its Pork . Plus farm as a swine operation unless and until defendants bring the farm into full compliance with the State's water quality laws and defendants' certified animal waste management plan and General Permit; and, if defendants choose not to resume operating the Pork Plus farm as a swine operation, that the Court order defendants 16 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:46 P.18 to close their lagoon or holding pond under the Court's supervision in accordance with the Natural Resources Conservation Service standards for lagoon closure referenced in Paragraph V (7) of the General Peru& pursuant to further orders of the Court; 4. That the Court retain continuing jurisdiction of this case until all provisions of its orders are carried out; 5. That any preliminary injunction, and any subsequent permanent injunction issued by the Court shah be enforceable by and through the contempt powers of this Court, pursuant to Chapter 5A of the North Carolina General Statutes; 6. That the cost of this action, including attorney fees, if allowable, be taxed against the defendants; 7. That this Court grant such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, this the _ day of April, 2000. MICHAEL F. EASLEY Attorney General Ronald M. Marquette Francis W. Crawley Special Deputies Attorney General N.C. Department of Justice Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 17 N.C. ATTORNEY GENERAL Fax:919-716-6767 Mar 31 '00 10:46 P.19 STATE OF NORTH CAROLWA COUNTY OF CUMBERLAND. VERIFICATION I, JEFFERY BROWN, after being duly sworn, depose and say that I am an Environmental Engineer in the Fayetteville Regional Office of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources; that I am authorized to make this verification; that I have has read the foregoing Complaint and that I am acquainted with the facts and circumstances alleged therein; that they are true and accurate to my knowledge, except as to those matters alleged on information and belief, and, as to those matters, I believe them to be true. Subscribed and sworn to before me this the day of April, 2000. 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