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Home My WebLink About820114_ENFORCEMENT_20171231• NCDENK North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor May 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. George Upton 1325 Lisbon Street' Clinton, NC 28328 Subject: Notice of Violation Administrative Code 15A NCAC 2H .0217 Williamson and Upton Farm Facility No. 82-114 Sampson County Dear Mr. Upton: 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 April 15, 2003, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an annual review of the Williamson and Upton Farm. During the operational review it was noted that a nitrogen over application to the millet crop and, a hydraulic overloading event had taken place. This is a violation of your CAWM P and the General Permit. This is also a violation of Condition 111.6.f., which requires Regional notification of over application. This violation was referred to the Division of Water Quality, as required, by the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid over application of nitrogen to any crop in your CAWMP as required by the General Permit. 2. Over application shall be reported per the General Permit. Fayetteville Regional Office 225 Green Street— Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541IFAX: 910-486-07071Internet: wwwgir.statc.nc.us;tiINR - An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110°, Post Consumer Paper Mr. Upton 05-16-03 Page 2 Failure to comply with the above conditions may result in the facility losing it's General Permit 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. Please provide a written response to this office on or before May 30, 2003 regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist, at (910) 486- 1541. Sincerely, ,� Paul E. Rawls Water Quality Regional Supervisor cc: Keith Larick - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Alfred Smith -Garland Farm Supply Central Files -Raleigh State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil & Water Conservation Mr. George Upton 1325 Lisbon Street Clinton, North Carolina 28328 I Tki WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 12, 2003 [,FMAY 13 2'003 % SUBJECT- Operation Review Notice of Referral for Williamson and Upton Hog Farm, Facility Number 82-114 Sampson County Dear Mr. Upton, On April 15, 2003 an operation review was conducted of the Williamson and Upton Hog Farm, facility number 82-114, in Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2003. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted - Nitrogen over application to the millet crop. Pull 8 was over applied on at a rate of 25 pounds of nitrogen. The over applied amount is greater than 10% allowed by the waste plan and require a notice of referral to the Division of Water Quality. It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. 225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Oak 5p/ -,/Lf .� O{S�_ !o o Mr. George Upton May 12, 2003 Page 2 A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, d�J Danny Edwards Environmental Specialist cc: . Paul Rawls, Division of Water Quality Wilson Spencer, Sampson Soil & Water Conservation District Alfred Smith, Garland Farm Supply Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Technical Assistance Site Visit Report Division of Soil and Water Conservation Natural Resources Conservation Service Soil and Water Conservation District Other... Facility Number 82 - 114 Date: 115103 Time: 1 13:00 Time On Farm: 150 FRO Farm Name Williamson and Upton Hog Farm County Sampson Phone: 910-592-5574 Mailing Address 1325 Lisbon St Clinton NC 28328 Onsite Representative George Upton Integrator Garland Farm Supply Type Of Visit ® Operation Review ❑ Compliance Inspection (pilot only) ❑ Technical Assistance ❑ Confirmation for Removal ❑ No Animals -Date Last Operated: ❑ Operating below threshold ® Swine ❑ Poultry ❑ Cattle ❑ Horse Design Current Design Current Capacity Population Capacity Population [:1Layer ❑ Non -Layer ❑Wean to Feeder ® Feeder to Finish Purpose Of Visit .0 1� Response to DWQ/DENR referral Response to DSW CISW CD referral Response to complaint/local referral Requested by prod ucerlintegrator Follow-up Emergency Other... ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish. ❑ Gilts ❑ Boars 7320 5520 [:)yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? ❑ Dairy ❑ Non -Dairy ❑ Other GENERAL QUESTIONS: 1. Is waste discharging from any part of the operation and reaching surface waters or wetlands? [:)yes ® no 2. Is there evidence of a past waste discharge from any part of the operation that waste reached ❑ yes ® no surface waters or wetlands? 3• Does any problem pose an immediate threat to the integrity of the waste structure (large trees, []yes ® no seepage, severe erosion, etc.)? 4. Is there evidence of nitrogen over application, hydraulic overloading or excessive ponding ® yes ❑ no requiring DWQ notification? 5• Is there evidence of improper dead animal disposal that poses a threat to the environment ❑ yes ® no and/or public health? 6. Is the waste level within the structural freeboard elevation range for any waste structure? ❑ yes ® no Structurel Structure 2 Structure 3 Structure 4 Structure 5 Identifier Old #1 New #2 Level (inches) 21 22 CROP TYPES lCoastal Bermuda -hay IMillet I Rye grass (Graze) SPRAYFIELD SOIL TYPES NoA WaB GtC 7. What type of technical assistance does the onsite representative feel is needed? (list in comment section) 03/10/03 Facility Number 82 - 114 Date: 4/15103 PARAMETER Q No assistance provided/requested ❑ 8. Waste spill leaving site TECHNICAL. ASSISTANCE Needed Provided ❑ 9. Waste spill contained on site ❑ 10. Level in structural freeboard 25. Waste Plan Revision or Amendment ❑ ❑ ❑ 11. Level in storm storage 26. Waste Plan Conditional Amendment ❑ ❑ 27. Review or Evaluate Waste Plan w/producer ❑ 12. Waste structure integrity compromised 28. Forms Need in 11 El El 13. Waste structure needs maintenance (list comment section) 29. Missing Components (list in comments) ❑ ❑ 014, Over application >= 10% & 10 lbs. 30. 21-11,0200 ❑ ❑ ❑ 15, Over application < 10% or < 10 lbs. re -certification ®16. Hydraulic overloading 31. Five & Thirty day Plans of Action (PoA) . ❑ ❑ 31. Irrigation record keeping assistance ❑ 17, Deficient irrigation records ❑ 18. Late/missing waste analysis 32. Organize/computerization of records ❑ ❑ ❑ 19. Late/missing lagoon level records 33. Sludge Evaluation ❑ ❑ ❑ 20. Latelmissing soils analysis ❑ 21. Crop needs improvement 34. Sludge or Closure Plan ❑ ❑ ❑ 22. Crop inconsistent with waste plan 35. Sludge removallclosure procedures ❑ ❑ 36. Waste Structure Evaluation ❑ ❑ [123. Irrigation maintenance deficiency ❑ 24. Deficient sprayfield conditions 37. Structure Needs Improvement ❑ ❑ 38. Operation & Maintenance Improvements ❑ ❑ 39. Marker check/calibration ❑ ❑ Regulatory Referrals 40. Site evaluation ❑ ❑ ® Referred to DWQ Date: 5/12/2003 41. Irrigation Calibration ❑ ❑ []Referred to NCDA Date: 42. Irrigation designlinstallation El ❑ F-1 Other... system Date: 43. Secure irrigation information (maps, etc.) ❑ ❑ LIST IMPROVEMENTS 44. Operating improvements (pull signs, etc.) ❑ ❑ MADE BY OPERATION ❑ ❑ 45. Wettable Acre Determination 1 46. Evaluate WAD certification/rechecks Grass is establishing on lagoon dike. 47. Crop oval uationlrecommendations ❑ ❑ 2. 48. Drainage worklevaluation ❑ ❑ 49. Land shaping, subsoiling, aeration, etc. 50, Runoff control, stormwater diversion, etc. ❑ ❑3. ❑ ❑ 51. Buffer improvements ❑ ❑ 52. Field measurements(GPS, surveying, etc.) ❑ ❑ 4. 53. Mortality BMPs5. ❑ ❑ 54. Waste operator education (NPDES) ❑ ❑ 55. Operation & maintenance education ❑ ❑ 56. Record keeping education ❑ ❑ 6. 57. Croplforage management education ❑ ❑ 58. Soil andlor waste sampling education ❑ ❑ 03/10/03 Facility Number 82 _ 1 14 Date: 4!15103 COMMENTS: ., 14, Millet was planted on pulls 8 and 9 in 2002 due to failure of bermuda crop. According to the waste plan the PAN rake )r pulls 8 and 9 for millet for 2002 crop season is 150 pounds of nitrogen per acre. IRR 2 records for 2002 show allowable AN rate of 245 pounds of nitrogen per acre (this is the PAN rate for bermuda). Field inspection showed that there was very .tle bermuda under pull 8. There appeared to be enough bermuda under pull 9 to justify the use of the bermuda PAN rate nd, therefore, no over application occurred on pull 9. 164 pounds of nitrogen was applied on pull 9 and 175 pounds of itrogen was applied on pull 8. Over application is greater than 10% on pull 8 and requires a referral to DWQ. Bermuda will e re -sprigged this spring on these pulls. Be careful about PAN rates in the future. 6. Hydraulic overloading occurred in summer of 2002 on some of the stationary gun setups and on pull 8 of the millet field ,pplication amounts reached 42,545 gallons per acre on some setups. Avoid this in the future. Apply no more than one cre inch of waste per irrigation event. F.,31. Reviewed PAN rates in waste plan with Mr. Upton. Be sure PAN rates on IRR 2 forms match PAN rates on waste an. Conducted wettable acre recheck. Pull length vs. hose length concerns and excessive overlap concerns. Wetted width ;erns with pull 2. Setup SF sprays on bermuda and millet; waste plan credits all of SF acreage as bermuda. Second eck needed. DSWC will provide recheck information to Dan Bailey. ote: Remove small woody saplings on outside slope of newest lagoon. TECHNICAL SPECIALIST JDanny Edwards SIGNATURE Date Entered: 128103 Entered By: JDanny Edwards 03/10/03