820051_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

�E JUN 4 2003
June 23, 2003
In response to the Notice of Violation I received June 12, 2003:
The cause of the over application on a couple of the pulls in my spray field was the
results of miscommunications on my farm. I told my employee to set the reel up at a
certain hydrant number and since the numbers painted on the hydrant post have become
faint overtime, we both thought we were at the right hydrant. I didn't realize my mistake
until I went to record the pull. I have made arrangements to have the numbers on all 29
of my hydrants repainted so this error will not happen again. I try to cover all my spray
fields evenly to keep the grass uniform. By doing this, not only do I keep my farm
looking good but I also utilize all of my grasses. I do not foresee an over application on
any of my spray field pulls in the future.
Thank You,
Aubrey Mo re
A & B Hog Farm
Facility No. 82-51
Sampson County

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
June 10, 2003
CERTIFIED iYlA1L
RETURN RECEIPT REQUESTED
Mr. Aubrey Moore
100 Balkum Rd
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H.0217
A & B Hog Farm
Facility No. 82-51
Sampson County
Dear Mr. Moore:
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 21-1.0217, you have been found to be in violation of
your General Permit.
On April 10, 2003, staff from the Fayetteville Regional Office of the Division of Soil and Water
performed an operation of the A & B Hog Farm in Sampson County. The review revealed that over
application had occurred on pull 18 by 109 pounds of nitrogen per acre. The review also revealed that
over application had also occurred on pull 16 by six pounds of nitrogen per acre. Condition 111.6. 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:
L Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters
surface waters."
The Division of Water Requests that the followiizg item(s) be addressed:
Avoid over application to receiving crops.
Failure to comply with the above condition(s) may result in the facility losing its deemed permitted
status and being required to obtain an individual non -discharge permit for this 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 ofWater
Quality has the authority to levy a civil penalty ol' not inure than $25.000.00 per day per violation.
Please provide a written response to this office on or before June 26, 2003, regarding
corrective actions taken or planned.
Fayetteville Regional Office
225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]FAX: [phone]ntemet: www.enr.state.tic.us/ENR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Moore
Page Z
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry
Baxley, Environmental Specialist, or me at 910-486-1541.
(�mcerely
Paul E. Rawls
Water Quality Regional Supervisor
PER:LB/Ih
cc: Keith Larick — Compliance Group
Wilson Spencer — Sampson Co. NRCS
Danny Edwards -- DSWC Fayetteville Office
Alfred Smith Garland Farm Supply
Central Files - Raleigh

Ga
L
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
June 10, 2003
CERTIFIED NIAIL
RETURN RECEIPT REQUESTED
Mr. Aubrey Moore
100 Balkurn Rd
Rose Hill, NC 28458
S1.IB.JECT: NOTICE, OF VIOLATION
Administrative Code 15A NCAC 2H .0217
A & B Flog Farm
Facility No. 52-51
Sampson County
Dear Mr. Moore:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
You are hereby notified that having been permitters to have a non -discharge permit for the subject
animal waste disposal system pursuant to 15A NCAC 21-1.0217, you have been found to be in violation of
Your General Permit.
On April 10, 2003, staff from the Fayettcville Regional Office of the Division of Soil and Water
performed an operation of the A & 13 Hog Farm in Sampson County. The review revealed that over
application had occurred on pull 18 by 109 pounds of nitrogen per acre. The review also revealed that
over application had also occurred on pull lG by six pounds of nitrogen per acre. Condition I11.6. 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:
1'. Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters
surface waters."
The Division of Water Requests that the following item(s) be addressed:
Avoid over application to receiving crops.
Failure to comply with the above condition(s) may result in the facility losing its deemed permitted
status and being required to obtain an individual non -discharge permit for this 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 clay per violation.
Please provide a written response to this office on or before June 26, 2003, retarding
corrective actions taken or planned.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]FAX: [phone]\ Internet www.erir,state.nc.us/rNR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Moore
Page 2
[1' you have any questions concerning this matter, please do not hesitate to contact either Mr. Larry
Baxley, Environmental Specialist, or me at 910-486-1541.
ncerel
Paul E. Rawls
Water Quality Regional Supervisor
PER-.LB/lb
cc: Keith Larick — Compliance Group
Wilson Spencer — Sampson Co. NRCS
Danny Edwards — DSWC Fayetteville Ufiice
Alfred Smith — Garland Farm Supply
Central Files - Raleigh

Facility Number l)uue rpt �'icir: 30 OZ •rime; D!Od
rO Not MerotignalBelow I'hr old
® Permitted ® Certified O Conditionally Certified ❑ )registered pate Last Operated or Above Threshold:
r
Farm ,Name: d �~ County:
Owner Name: dd.C�, Phone No:
Mailing Address: ^ ZO0 )30&",
Facility Contact: Title: Phone No:
Onsite Representative: � _ Integrator:
Certified Operator:, Operator Certification dumber:
Location of Farm;
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude a • Longitude a ��4 4
Discharges & Stream impacts
1. Is any discharge observed from any part ofthe operation'? ❑ Yes ICl No
Discharge originated :u: ❑ Lagoon ❑ Sprav Field ❑ Other
a. ll'diseharge is observed, was the conveyance• man-made",
b. If discharge is observed. did it reach Nater of the State? (if yes, notify D%VQ)
c. If discharge is observed. what is the estimated flow in gair'min7
d. Dues discharge: bypass a lagoon system? (if yes, notify DN'Q)
3. is there evidence of past discharge from any part of the operation".
I Were there any adverse impacts or potential adverse impacts to the Waters of the State other than From a discharge?
Waste Collection & Tret t
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spiilwav
Structure I Structure 2 Structure 3 Structure 4
Identifier: .� S
Freeboard (inches 1: y
05103101
Structure 5
❑ Yes 15 No
❑ Yes RNo
❑ Yes
(S'No
❑ Yes
�q No
❑ Yes
RNu
❑ Yes gNo
Structure 6
Continued

Facility lumber: 82_ — St• Date of Inspec fit) n
5. Arc there any immediate threat; to the intecrity of any of the structures observed? (ie' trees, scverc erosion,
❑Yes
Noseepage,
etc.)
6. Are there structures on-site which are cot properly addressed and/or managed through a waste management or
closure plan?
(If any of questions .S-6 was answered yes, and the situation poses an
El }'es
'� N,
Immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance. improvement?
❑ ti -es
ICN,
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 Anollcation
10. Are there any buffers that need maintenance/improvement?
❑ Yes
® No
[I. Is there evidencte of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
❑ Yes
�j NO
12. Crop hype ejn2.►ss r �L/ en�. _rr..� , r���.�/. 4eAE
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
ONO
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
9 No
b) Does the facility need a wettable acre determination?
❑ Yes
JK 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
N No
Hguired Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
91 No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie! WUP, checklists, des , m5p , etc.)
❑ Yes
R No
19. Does record keeping need improvement? (ie.' irrit ration, ftee1lb'ard, wastena alysis & soils ma ple reports).
❑ Yes
)kvo
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?
Cl Yes
IN NO
22 Fail to notify regional DWO of emergency situations as required by General Permit?
(ie! discharge, freeboard problems, over application) ❑ Yes $ No
23. Did Reviewerilrtspector fail to discuss review/inspection with on-site representative? ❑ Yes 10 No
24. Does facility require a follow-up visit by same agency? ❑ Yes M No
25. Were any additional problems noted which cause noncompliance of the Certified AWNMP? ❑ Yes 09 No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
051031,01 Continued

Fac'Mty dumber: Z —.�� I I)ate of Inspection
Printed on: 5/30/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below M Yes 0 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 P•No
2$. 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 IR 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 O No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ;kNo
32. Do the flush tanks lack a submerged fill pipe or a petmanent/temporary cover? ❑ Yes ❑ No
Ona " atnmen s an , or" ,raw ng s.;
.I
J
05/03/01