820044_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

k,v;"
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Homer G. Baggett
1145 Feedmiil Rd
Roseboro NC 28382-7147
Division of Water Quality
Coleen H. Sullins
Director
November 12, 2009
SUBJECT- NOTICE OF DEFICIENCY NOD -2009 -PC -0907
Administrative Code 15A NCAC 2T. 1300
Gary Baggett & Son
82-0044
AWS820044
Dear Mr. Baggett:
Dee Freeman
Secretary
On August 19, 2009, you notified the Division of Water Quality at the Fayetteville Regional Office, that
the freeboard level of the lagoon was less than the amount required by the General Permit. The liquid level of
Lagoon 1 was reported as 17 inches. Also on August 24, 2009 you reported.the level of Lagoon 2 at 17.0 inches.
General Permit condition V 2. states "At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus an additional I foot
of structural freeboard." On your farm, that is a maximum waste level of 19 inches freeboard for both is<goons.
The Division of Water Quality will take no further action for this reported incident at this time. The
Division recommends that you review your facilities and procedures with the goal of eliminating future
high freeboards, which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation and/or monetary penalties.
The Division appreciates your cooperation in self -reporting the high freeboard, prompt action in providing a
Plan of Action and pumping down lagoon levels, and cooperation during a subsequent record review, We also
recognize unusually high rainfall for July and August in your immediate area.
If you have any questions concerning this matter, please do not hesitate to contact Ms. Joan Schneier,
Environmental Specialist or myself at [phone].
SinV'uifei-
Stephhardt
RegioProtection Supervisor
cc- APS Central Files Keith Larick
DS&W FRO, Danny Edwards
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
one
Phone: [phone] FAX: [phone] Customer Service: 1-677-623-5748
NorthCarolliiLfna
Internet: wvew,h20.enr.s1ate.nc.us
l�
Naturally
An Equd Opportunity 4 ANT.Tntive Action Employer
�/

Date: April, 29, 2003
To: Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
From: Gary Baggett Sr
1145 Feed Mill Rd
Roseboro, NC 28382
Subject: Information Requested on Notice of Violation #82-44
MAY
DVVQ
Due to extreme rainfall in a short period of time, the lagoons on my swine facility
reached an inadequate freeboard reading. As stated in your NOV, I placed a call to DWQ
to advise them of my situation. Since I reported my freeboard levels as being high, I
have been irrigating from both lagoons on my site. I have dropped the level of liquid in
both lagoons to an acceptable level, but 1 intend to continue to pump until the levels are
down to where I shouldn't have this problem again. Short of another extreme case of
rainfall, which is beyond any humans' control, I do not intend on ever being in the RED
again. Thank you for your understanding for I would never intentionally harm the
environment.
Sincerely,
H Gary Baggett, Sr

o f w A rF Michael F. Easley, Governor
RQG William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
Division of Water Quality
August 29, 2003
Gary Baggett, Sr.
1145 Feed Mill Road
Roseboro, NC 28382
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Gary Baggett & Son
82-44
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our Ietter dated April 16,
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 16, 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.
Customer Service: Mailing Address: Telephone: [phone]
1800 623-7748 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal opportunity ! Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:/Ih2o.enr. state. ne.us
GA,
RCbEr'R
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

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.
Sincerely,
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO File: 82-44
Non -Discharge Compliance and Enforcement Unit
Central Files

A rk�,x,Xiul -7
Qc
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
S7 `� Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Gary Baggett Sr
1145 Feed Mill Rd
Roseboro NC 28382
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Gary Baggett & Son
#82-44
Sampson County
Dear Sir or Madam:
April 16, 2003 _
i
i
12'3 2003
On April 10, 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 30, 1997. 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
_4671
NTD
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-DO59 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier 1152-01-01 Raleigh. NC 27699-1617
An Equal Opportunity/Atfirmatnre Action Employer
50% recycled/ 10% post -consumer paper
httplfi2o. enr. state-nc. us

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 lagoon(s) 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
[phone].
Sincerely,
an W. Klimek PE.
Director
cc: Fayetteville Regional Office /a
Non-Discharge Compliance/Enforcement Unit
Central Files

a
LU
LU
m
I

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
September 29, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gary Baggett
1145 Feed Mill Rd..
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
Gary Baggett & Son Farm
Facility No. 82-44
Sampson County
Dear Mr. Baggett:
On September 25, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality conducted an inspection of the Gary Baggett & Son Farm It was observed that no liquid
waste analysis had been obtained within 60 days of the irrigation event for the month of June. Also
irrigation records need to be transferred to the IRR -2 form to show a nitrogen balance.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Liquid waste samples are to be taken within 60 days of a waste water irrigation event. Make
sure that future waste samples are taken within this time frame and kept with your waste
management plan.
2. Irrigation records need to be kept on the IRR -2 forms to show a running nitrogen balance.
Please provide a written response to this office on or before October 131927 as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken
as absolving this facility of the responsibility and liability of any violations that have resulted or may
result from these deficiencies.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/] 0% post -consumer paper

L '
Mr. Baggett
Page 2
September 29, 1997
If you have any questions concerning this matter, please call John Hasty at the Fayetteville
Regional Office at [phone].
Sincerely,
ohn C. Hasty, Jr.
Environmental Specialist
cc: Operations Branch
Central Files
Audry Oxendine
Wilson Spencer, Sampson Co. MRCS