820122_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALI'rY
FAYETTEVILLE REGIONAL OFFICE
October 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ernest Odum
4740 Roseboro Highway
Clinton, NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Ernest Odum Farm
Facility No. 82-122
Sampson County
Dear Mr. Odum:
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 lb, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed an annual review of the Ernest Odum
Farm in Sampson County. The review revealed that there was over
application of nitrogen on'the small grain crop by thirty-three pounds. It was
noted also that the last lagoon waste analysis was in August 1999. These
violations were referred to the Division of Water Quality, as rewired, 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 in the future.
2. Waste analysis shall be taken within sixty days of application of waste.
2 0 A • 0
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST -CONSUMER PAPER

Mr. Odum
10-11-00
Page 2
Failure to comply with the above conditions may result in the facility losing its General
Permit and'being required to obtain an individual no discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement action 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 Qctober !�, 200_0 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-
1541.
Sincerely,
c, /
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant -Compliance Group
Dennis Ramsey -Compliance Group
Wilson Spencer -Sampson Co. MRCS
Kevin Weston -Brown's of Carolina
Trent Allen-DSW-FRO
Central Files -Raleigh
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On November 3, 1999, staff from the Fayetteville Regional Office of the Division of
It
A
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I_
County. A review of the irrigation records indicated that the Plant Available Nitrogen (PAN)
I^ NCDENR
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
,
y.,.
pounds on pull #11 by the end of May. These same pulls were utilized for waste application
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DIVISION OF WATER QUALITY
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that "The Permittee shall report by telephone to the appropriate Regional Office as soon as
JAMES B. HUNT JR..
January 18, 2000
GOVERNOR
any of the following events: (f) Overapplying animal waste either in excess of the limits set
-
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BILL HOLMAN
Trees were observed to be growing on the back slopes of the lagoon dikes and
SECRETARY
Ernest Odum
4740 Roseboro Hwy
Clinton, NC 28328,
•. KERR T STEVENS
engineering practices.". It was also determined during the inspection, that the facility was
DIRECTOR-
SUBJECT: NOTICE OF VIOLATION
Permit No, AWS 820122
Ernest Odum
Facility No. 82 -122
Sampson County
•,
Dear Mr. Odum:
i•
You are hearby 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 November 3, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. A review of the irrigation records indicated that the Plant Available Nitrogen (PAN)
rate for the coastal bermuda had been exceeded by 141 pounds on pull #10 and by 73
pounds on pull #11 by the end of May. These same pulls were utilized for waste application
_
after the hurricanes since they were they driest pulls. General Permit condition 111.6.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) Overapplying animal waste either in excess of the limits set
-
out in the CAWMP or where runoff enters surface waters,".
' ^
Trees were observed to be growing on the back slopes of the lagoon dikes and
need to be removed as required by General Permit condition 11.10 which states that "Trees,
shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste
storage pond embankments. All trees shall be removed in accordance with good
engineering practices.". It was also determined during the inspection, that the facility was
not maintaining weekly freeboard levels. General Permit condition II1.2 states that "Waste
lagoon antl storage pond levels shall be recorded weekly on forms supplied or approved by
the DWQ."
•,
28301-5043
i•
225 GREEN STREET, SUITE 714 / SYiT[L BLP. FAY CTTEVILL[, NORTH CAROLINA
PHONE 910.4@8.1541 FAX GIO-488.0707
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% R[CYCL[0/10% POST -CONSUMER PAPER
_

Page 2
Ernest Odum
January18, 2000
The Division of Water Quality requests that the following items be performed:
1. Comply with the Certified Animal Waste Management Plan (CAWMP) and the General Permit when
applying waste using the correct PAN rates as specified for each crop.
2. Contact the local MRCS district for assistance in removing the trees from the back slopes of the lagoons.
Maintain both the inside and back slopes of the lagoon dikes so that they can be inspected routinely for
evidence of erosion, seepage, and damage by animals.
3. Immediately begin recording weekly freeboard levels in order to be in compliance with the General Permit.
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 per day per violation.
This office should be notified in writing on or before February 11, 2000 at the letterhead address above
as to the actions taken or proposed to be taken to resolve these violations. If you have any questions
concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or
myself at [phone].
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
Jimmy Vinson - Brown's of Carolina, Inc.

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State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Mr. Ernest Odum
4740 Roseboro Hwy.
Clinton, NC 28328
Dear Mr. Odum:
AL
OaNR
DIVISION OF WATER QUALITY
December 30, 1997
SUBJECT: NOTICE OF DEFICIENCY
Ernest Odum Farm
Registration No. 82-122
Sampson.County
On December 2, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Odum swine facility. It was determined that no certified animal waste
management plan (CAWMP) was available for inspection purposes. In addition, the liquid level in
the lagoon structure was in the emergency storage area. The lagoon banks needed cutting and a
cover grassy needs establishing around the building area to prevent erosion. Several new spray
fields are available for waste application and the CAWMP needs to be revised to include all fields.
In regard to the deficiencies noted during the inspection, the following actions are requested:
Immediately begin maintaining a copy of the CAWMP on-site for inspection purposes and
have the pian revised to include all waste application fields.
2. Immediately begin pumping your lagoon on the approved waste application fields that have
a suitable cover crop and notify the Division of Water Quality at the address on the bottom of the
letterhead page when below the emergency storage level.
3. Cut and maintain the lagoon banks at least biannually to prevent rodent harborage and to
allow for seepage inspection.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, ]forth Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/l0% post -consumer paper

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Please notify this office in writing on or before January 31, 1998 at the address below 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 or may
result from these deficiencies.
If you have any questions concerning this matter, please call Robert F. Heath, Environmental
Specialist, at [phone].
Sincerely,
Robert F. Heath
Environmental Specialist
cc; Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. MRCS