820071_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

�0F W AT�9P Michael F. Easley, Governor
`p G William G. Ross Jr., Secretary
9 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gerald Warren
PO Box 223
Newton Grove, NC 28366
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Foster Farm
Facility Number 82-71
Sampson County
Dear Mr. Warren:
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.
4vA
NCgE�,`
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 1 10% post -consumer paper
http:11h2o.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.
Sin er y,
G
aul E. Rawls
Water Quality Regional Supervisor
cc: FRO CA FO File: 82-71
Non -Discharge Compliance and Enforcement Unit
Central Files

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. Gerald Warren
PO Box 223
Newton Grove, NC 28366
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Foster Farm
Facility Number 82-71
Sampson County
Dear Mr. Warren:
Alan W. Klimek, R.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.
Customer Service: Mailing Address: Telephone: [phone]
1 800 623-7746 1617 Mail Service Center Fax: [phone]
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled 1 10% post -consumer paper
httP:/1h2o.ertr.state.nc.us
�-
fi+lE-6ENIR
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.
Sin eVy,
S,
Paul' E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-71
Non -Discharge Compliance and Enforcement Unit
Central Files

o�0� W ALHU)
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Q
Alan W. Klimek, P. E. Director
Division of Water Quality
April 16, 2003 r '
CERTIFIED MAIL , ( ��3
RETURN RECEIPT REQUESTED
Gerald Warren -
P.O. Box 223 --
Newton Grove NC 28366
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Foster Farm
#82-71
Sampson County
Dear Sir or Madam:
On April 11, 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 December 29, 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: Mailing Address: telephone [phone]
1-877-623-6746 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled / 10% post -consumer paper
ht1pJ072o. enrstate.nc. us
>�r
Agr►
ORBNR
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 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,
/;Alan W. Klimek,
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

r
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 4, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ronald Cannady
1366 Bass Lake Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
ADJ Hog Farm 3-5
Facility No. 82-72
Sampson County
Dear Mr. Cannady:
Wiliam G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D,
Acting Director
Division of Water Quality
On February 18, 2002, staff from the Fayetteville' Regional Office of the Division of Water
Quality inspected the ADJ swine facility- The inspector observed that the waste application field
located behind the facility did not have a suitable coastal bermuda stand.
In regard to the deficiencies noted during the inspection, the following actions are requested:
Contact an Agronomist or crop specialist for assistance with the evaluation of the waste
application field for site suitability for the proposed crop and the establishment of the crop.
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that have or may result from these deficiencies.
Fayetteville Regionai Office
225 Green Street— Suite 714, Fayettevilie, North Carolina 28301.5043
Phone: [phone] FAX: [phone](ntemet: k �kv.enr.state,nc.uslE`R
An Equal Opportunity 1 Affirmative Action Employer -- 50% Racycled ! 101,o Post Consumer Paper

Mr. Ronald Cannady
Page 2
March 4, 2002
If you have any questions concerning this matter, please call Robert Heath, at (910) 486-
1541.
Sincerely,
Robert F. Heath
Environmental Specialist
/rh
cc: Operations Branch
Central Files
Trent Allen - FRO DSW
Wilson Spencer - Sampson Co. NRCS
Curtis Barwick - Coharie Farms
1

Z.
.` -'JAMES'S: �HYNF JR..�4
`xGOv LRNOR
- ,'$ILL HOLMAN"
;r�ECRETARY
�KERR, T STEV645 .�
r `�R r �
y.._. ___ `,",' n • `may-=.> ,. it
-y 3
d- s- R W'rn'-'ms`s }k, i•
t
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 31, 2000
ADJ Farms, Inc.
Attn.: Jeff Warren
1366 Bass Lake Road
Roseboro, NC 28382
SUBJECT: LAGOON STRUCTURE
ADJ Swine Farm 3-5
Facility No. 82 - 72
Sampson County
Dear Mr. Warren:
On January 3, 2000, the Fayetteville Regional Office of the Division of
Water Quality received a proposal to address the seeping lagoon at the ADJ 3-5
farm site. The proposal has been reviewed by our office and the following items
should be implemented during and/or after the construction of the interceptor
drain:
I . The installation of this interceptor drain should be supervised directly by a
Professional Engineer to insure the structural integrity of the lagoon.
2. If the condition of the dam changes during or after the construction of the
drain, the Fayetteville Regional Office should be contacted immediately.
3. If for any reason, the system cannot adequately handle the quantity of water
entering the system (due to a component of the system failing or if the actual
volume of water entering the system exceeds the calculated volume) the
Fayetteville Regional Office should be notified immediately.
4. The entire waste management system should be inspected on a daily basis to
prevent any failure.
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Page 2
ADJ Farm
May 31, 2000
5. The existing ditch should be sampled quarterly for the following parameters and submitted to the
Fayetteville Regional Office:
NO3 - as N Total Ammonia (NH, - as N)
Fecal Coliform
6. The existing ditch should be monitored for a period of one year to verify whether contaminants
have been eliminated. Until this has been determined and approved, the ditch should remain blocked
at all times.
T A record should be maintained of any amount of water added to the lagoon as a result of the
interceptor drain.
This letter in no way absolves ADJ Farms, Inc. from complying with all State and Federal
regulations. If you have any questions concerning this matter, please call me at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sue Homewood - Non -Discharge Permitting Unit
Central Files - Raleigh
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson Co. NRCS
Curtis Barwick - Coharie Farms
Art Barnhardt - FRO Groundwater Supervisor
I "%

September 10, 1998
ADJ Farm, Inc.
1366 Bass Lake Road
Roseboro, NC 23882
North Carolina Department of Environment
And Natural Resources
Division of Water Quality
Attn: Stephen A. Barnhardt
225 Green Street
Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Barnhardt:
RECE9' �
1 1998
FAYETTEVILLE
REG. O:FFILE
In response to your letter on August 27 we would like to respond to your
request.
1: Temporary action has already been addressed by placing a dirt wall
around the seepage area. This will maintain any seepage within its boundaries
and not allow any seepage to enter the ditch area. The ditch adjacent to the
lagoon is filled in at the lower end to prevent any flow from entering into the
larger ditch.
2: During our meeting on September 7 it was decided that ADJ Farms
would install a monitor well at the base of the lagoon around the seepage area.
Once the well is installed samples would be taken to see if any groundwater
problem exist. Jeffery Brown will be contacted once a date can be set to drill this
well. If any problems do arise NRCS will be contacted to aid in the solution for
lagoon repair.
We feel that every possible effort is being made to resolve any
deficiencies on our farm_ If you have any questions please contact me at
[phone] ext_ 254 or mobile [phone]. We will be in close contact
with you and your staff on all procedures taking place.
Thank you/,('�
'//'/4
Jeff Warren
Secretary, Treasurer

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETrEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
August 27, 1998
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
Jeff Warren
1366 Bass Lake Road
Roseboro, NC 28382
SUBJECT: Review of Geotechnical Evaluation
ADJ Hog Farm 3-5
Registration No. 82 - 72
Sampson County
Dear Mr. Warren:
On August 17, 1998 staff from the Fayetteville Regional Office met to discuss the draft
proposal submitted by S&ME regarding the lagoon on the ADJ 3-5 Swine -Farm in
Sampson County. The Division has concluded that the blind drain proposed by S&ME is
not sufficient in correcting the seeping lagoon. Also of concern is the obvious impact this
lagoon is having; on groundwaters of the state. 15A NCAC 2L requires these type situations
to be corrected by terminating and controlling the discharge and mitigating any hazards.
In conclusion, the Division is requiring that the lagoon be repaired to prevent
seepage. Please provide a proposal to meet this goal on or before September 11, 1998.
We understand that it may not be practice to have an engineered plan ready by this date,
but we do expect you to provide us with the expected date for submittal of this plan in
the September 11, 1998 proposal. Also the ditch adjacent to the lagoon must be filled in
at the lower end to prevent flow into the larger ditch which eventually feeds into the
Great Coharie Creek. You may empty this ditch by pumping the contents back into your
lagoons until a final resolution to the problem is reached.
Sincerely,
Steph A. Barnhardt
Acting Regional Supervisor
cc: Coharie Farms
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2a301-5043
PHONE OIO-486-1541 FA% 910-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER