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HomeMy WebLinkAbout820171_ENFORCEMENT_20171231NUH 1 H UAHULINA Department of Environmental Qual State of North Carolina Department of Environment, Health and Natural Resources Division of Water Qualify James B, Hunt,'Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E„ Director April 3, 1997 • Virgil Strickland Starling Strickland Farm Rt 3 Box 160 Clinton NC 28328 SUBJECT: Dear Mr. Strickland: e�A DE YFZ 049 7 997 LE REG OF ICE Notice of Violation Designation of Operator in Charge Starling Strickland Farm Facility Number 82--171 Sampson County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, �� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 � An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 1006 post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., -Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 6, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Virgil Strickland Virgil Strickland Farm 3500 Keener Rd. Clinton NC 28328 1 . NCDENR, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIV.E.D CC i 0 7 1998 FAYETTEVILLE REG. OFFICE Subject: Notice of Violation Virgil Strickland Farm Facility #: 82-171 Sampson County Dear Virgil Strickland: This letter transmits a Notice of Violation (NOV) to the subject facility for failing to apply for a permit as required by N.C.G.S 143-215.1(a)(2). This NOV is based upon the following facts: A permit for this animal waste management system is required in accordance with NCAC 2H .0217 and G.S. 143-215.1. In accordance with G.S. 143-215. IOC, Virgil Strickland was notified by certified mail, which was received on June 24, 1998, of the requirement to apply for coverage under an Animal Waste General Permit within sixty (60) days of receipt of the notification (August 23, 1998). No application has been received from Virgil Strickland as of October 5, 1998. In accordance with Chapter 626 of the 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Therefore, the existing animal waste management system is being operated in violation of G.S.143-215.1(a)(2). This letter serves as final notice that if the aforementioned application is not received by the Division of Water Quality Non -Discharge Compliance Enforcement Unit at the letterhead address within 10 days of your receipt of this notice, the Division of Water Quality will proceed with an enforcement action against the subject facility. Another copy of the application is attached for your convenience. P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Virgil Strickland Farm #:82-171 Notice of Violation Page 2 Please be advised that nothing in this letter should be taken as precluding the Division of Water Quality from taking enforcement action for this violation or any other violations of the States environmental laws. If you have any questions, please contact Mr. Shannon Langley of our staff at (919) 733-5483, extension 581 or Steve Lewis at (919) 733-5483, extension 539. Sincerely, rr A. Preston Howard, Jr., P.E. Xdf ATTACHMENTS cc: Fayetteville-R_egional-Supervisor Farm File 82-171 Central Files w/ attachments Steve Lewis State of North Carolina Department of Environment and Natural Resources Division of Water Quality Non -Discharge Permit Application Form (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) F General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: 1.1 Facility Name: Virgil Strickland Farm 1.2 Print Land Owner's name: Virgil Strickland 1.3 Mailing address: 3500 Keener Rd. City, State: Clinton NC Zip: 28328 Telephone Number (include area code): 910-564-2276 1.4 County where facility is located: Sampson 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): US 421 N to SR 1842 turn right go 0.8 miles and ear left onto SR 1827, follow 1827ast Basstown to intersection _ p w/ 1746 (Kenner Rd) turn left onto SR 1746 and go 0.7 miles to farm on left. T =48 min; TD=35 miles. 1.6 Print Farm Manager's name (if different from Land Owner): 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed):. Murphy Family Farms I.8 Date Facility Originally Began Operation: 01/01/79 1.9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: 82 (county number); 171 .(facility number). 2.2 Operation Descrip cont Swine operation -7e-e7er to Finish 3124- Certified Design Capacity Is the above information convect? Dyes; F7 no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum num ear for which the waste management structures were designed. Type of Swine 0 Wean to Feeder 0 Feeder to Finish 0 Farrow to Wean (# sow) 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) No. of Animals Type of Poultry No. of Animals 0 Layer 0 Non -Layer 0 Turkey Type of Cattle No. of Animals 0 Dairy 0 Beef Other Type of Livestock on the farm: No. of Animals: FORM: AWO-G-E 5/28/98 Page 1 of 4 82-171 3. 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): ;Required Acreage (as listed in the AWMP):.i 2.4 Number of lagoons/ storage ponds (circle which is applicable): 2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (please circle one) 2.6 Are subsurface drains present in the 'Vicinity or under the lagoon(s)? YES or NO (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) YES or NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? What was the date that this facility's Iand application areas were sited? REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials '3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3. 10 A site schematic. 3.3.11 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 3.3,14 Mortality Control Checklist with the selected method noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. FORM: AWO-G-E 5128198 Page 2 of 4 82-171 A Facility Number: 82 - 171 Facility Name: Virgil Strickland Farm 4. APPLICANT'S CERTIFICATION: I, this application for has been reviewed by me and is accurate and complete to the best of my knowlei application are not completed and that if all required supporting information and package will be returned to me as incomplete. Signature (Land Owner's name listed in question 1.2), attest that Date (Facility name listed in question I.1) ,tand that if all required parts of this are not included, this application �. 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) I, (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and i's accurate and complete to the best of my knowle ge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E 5128198 Page 3 of 4 82-171 1! DIVISION OF WATER QUALITY REGIONAL OFFICES (1198) Asheville Regional WQ Supervisor 59 Woodfin Place Asheville, NC 28801 (704) 251.6208 Fax (704),251-6452 Avery Macon Buncombe Madison Burke McDowell Caldwell Mitchell Cherokee Polk Clay Rutherford Graham Swain Haywood Transylvania Henderson Yancey Jackson Duplin Fayetteville Regional WQ Supervisor Wachovia Building, Suite 714 Fayetteville, NC 28301 (910)486-1541 Fax (WO) 486-0707 Washington Regional WQ Supervisor 943 Washington Square Mall Washington, NC 27889 (919) 946-6481 Fax(919)975-3716 Beaufort Jones Bertie Lenoir Chowan Pamlico Craven Pasquotank Currituck Pavdmans Dare Pitt Gates Tyrell Greene Washington Hertford Wayne Hyde Wilson Mooresville Regional WQ Supervisor 919 North Main Street Mooresville, NC 28115 (704) 663-1699 Fax (704) 663-6040 Raleigh Regional WQ Supervisor 38W Barrett Dr. Raleigh, NC 27611 (919) 571-4700 Fax(919)733-7072 Chatham Nash Durham Northampton Edgecambe Orange Franklin Person Granville Vance Halifax Wake Johnston Warren Lee Wilson Wilmington Region. WQ Supervisor 127 Cardinal Drive.Extension - Wilmington, NC 28405-3845 (910)395-3900 Fax (910) 350-2004 Anson Moore • - Alexander Lincoln Brunswick New Hanover �. Bladen _ Richmond Cabarrus Mecklenburg Carteret Onslow Cumberland Robeson Catawba Rowan Columbus Pender Harnett Sampson Cleveland Stanly Duplin Hoke Scotland Gaston Union Montgomery lredell Winston-Salem Regional WQ Supervisor 585 Waughtown Street , Winston-Salem, NC 27107 (910) 771-4600 Fax (910) 771-4631 Alamance Roclangham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davit Wilkes Forsyth Yadkin Guilford FORM: AWO-G-E 5128198 Page 4 of 4 1 CA � -H CERTIFIED MAIL RETURN RECEIPT REQUESTED Virgil Strickland 3500 Keener Road Clinton, NC 28328 Re: Dear.Virgil Strickland: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 25, 2006 Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Virgil Strickland Farm NPDES Permit No.NCA282171 Sampson County Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition Ill. 12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division, If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action; Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: waw.ncwaterqualily.ora location: 2728 Capital Boulevard An Equal opporlunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper NSP Caro ina atu 2 Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 r Virgil Strickland Page 2 April 25, 2006 enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, Stephe A. Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 82-171 APS Central Files Murphy Family Farms Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District 5 I% incr a 008 &3g3,o P. Ik cI cAntoQ NCDuov c Ae ay Jagjo5 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 8, 2009 Virgil Strickland 3500 Keener Rd. Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY IOD--�D�Q—�L— 03gq Virgil Strickland Farm Facility No. 82-171 Permit No. AWS820171 Sampson County Dear Mr. Strickland: Dee Freeman Secretary On December 29, 2008 you notified the Fayetteville Regional Office of the Division of Water Quality, during an inspection as required by General Permit condition III. 13 c. that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon 1 was reported as 14 inches. Lagoon. 3 was reported as 17. General Permit condition V.2 states "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. 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 1 foot of structural'freeboard. Failure to notify Division of Water Quality of inadequate freeboard in your waste structure within 24 hours and failure to submit a written report within 5 days is a violation of your permit No. AWG100000 Section III. 13 c. This violation could result in Enforcement. Due to the health condition of Mr. Strickland at the time of this event it is recommended that this farm name a Certified Back-up Operator. It is very important that you report inadequate levels of your lagoons and record weekly freeboards. The Division of Water Quality will_take no further action for this reported incident at this time. However, if you have not done so you are asked to please notify this office in AQUIFER PROTECTION SECTION 225 Green SI., Ste. 714 Fayetteville, North Carolina 28301 00e L. 1 Phone 910-433-33001 FAX : 910-86-07074 Cuslomer Service: 1.877-623.6748 1� of thCc`1rolillc`l Internet: www.h20.enr.state.nc.us An Equal Opporlunily 1 Af rinalive Action Employer ��t" ���� f h writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within you file. If you have any questions concerning this matter, please do not hesitate to contact myself at 910-433-3300. Sincerely, Steve Guyton Environmental Specialist cc: APS Central Files DS& W FRO HCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Strickland, Virgil Virgil Strickland Farm 3500 Keener Rd Clinton, NC 28328 Dear Permittee, Division of (Nater Quality Coieen H, Sullins Director June 30, 2010 Subject: Notice of Violation Virgil Strickland Farm Permit Number AWS820171 Sampson County Dee Freeman Secretary As of this date, our records indicate that the above -referenced permit issued to your. facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outs,tanding Fee ($) 2010PR003138 3/9/2010 4/8/2010 180.00 Please be reminded that the table above covers the period between Years 2006 and 2009. Please also include payments for invoices that you received in 2010 and any other year far which the anuual fees are still due. Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality,— Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 1636 Mall Service Center, Raleigh, North Carnlina 27699-1636 Location.: 2728 Capital Blvd„ Raleigh, North Carolina 27604 0116. Phone: 919733.32211 FAX; 919-715-05881 Customer Service:1-877-623.6746 NorthCaroiina Intemet: www.ncwaterqualily.org An Equal Gpponunitvt Ar{umanve Action Er6nloyer Nawr a+`y If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or at jaya.joshi@ncdenr.gov. Sincerely, —w— 11 75!� �- Keith Larick, Supervisor Animal Feeding Operation Unit cc: Fayetteville Regional Office, Aquifer Protection Section APS Central File (Permit No AWS820171) XLE NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director AQUIFER PROTECTION SECTION January 5, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Virgil Strickland 3500 Keener Rd Clinton NC 28328 Subject: NOTICE OF DEFICIENCY / NOD -2010 -PC -1253 Virgil Strickland Farm AWS820171 Sampson County Incident No. 201002618 Dear Mr. Strickland: e-s"Ot - f X 7 Resources Dee Freeman On September 28, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Helen Strickland of a high freeboard level in the big and little lagoons. We wish to thank Mrs. Strickland for notifying DWQ of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management PIan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. On September 28, 2010 a lagoon/storage pond level was documented at 13.00 inches in the big lagoon and 15 inches in the little lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwateraualitv.org 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper No hCarohna Nah(rallff 's Mr. Strickland January 5, 2011 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. This is the second NOD in a three year period you are now required to obtain a review of your Waste Management Plane by a Technical Specialist. This review must be submitted to the Fayetteville Regional Office in writing within 60 days of receipt of this NOD. The review must contain any corrective action taken or proposed to be taken to improve the facility's compliance. A compliance inspection was done 11/29/2010 and all records were reviewed and the date and time lagoon 1 returned to compliance on 10/15/2010. If you have any questions concerning this notice, please contact me at (910) 433-3300 Sincerely, i� Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick, CAFO Unit Sampson Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy Farms } Division of Water Resources ❑ Division of Soil and Water Conservation ElOther Agency Facility Number: 820171 Facility Status: Active Inpsectlon Type: Compliance Inspection Reason for visit: Routine County: Sampson Region: Fayetteville Date of Visit: 02/23/2018 EntryTime: 10:15 am Exit Time: 11:30 am _ Incident # Farm Name: Ford Farm Owner Emall: Owner: Cornelia Ford Phone: 910-249-3314 Permit: AWS820171 ❑ Denied Access Inactive Or Closed Date: Malting Address: 259 Ethan Ln Clinton NC 283288086 Physical Address: 261 Ethan Ln Clinton NC 28328 Facility Status: ❑ Compliant Not Compliant Integrator: Prestage Farms Inc Location of Farm: Latitude: 35° 07' Longitude: 78° 22' 05" US 421 N, to SR 1842, tum right go 0.8 miles and bear left onto SR 1827, follow 1827 past Basstown to intersection wl 1746 (Kenner Rd) tum left onto SR 1746 and go 0.7 miles to farm on left. TT=48 min TD=35 miles. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Ethan G Strickland Operator Certification Number: 996434 Secondary OIC(s): On -Site Representative{s): Name Title Phone 24 hour contact name Cornelis FORD Phone On-site representative Cornelia FORD Phone Primary Inspector: Bill Dunlap Phone: Inspector Signature: Date: Secondary Inspectorfs): Inspection Summary: Calibration 2-20-2017 SLudge Survey 12-20-2017 #1 0-5.5 P-5.6 #2 EXTENSION TO 12-31-2019 #7 Mow lagoon banks, remove any above ground woody debris. Establish grass vegetative cover. #1 An estimated 200 gallons escaped the Pit Fan Box during washing of the house on 211612018. Spill was noted and the recurclation pump was cut off immediately. A blockage in the discharge pipe was the cause and was cleared from the lagoon side with not damage. Becasue of a reverse grade on the side of the house, the effulent pooled there and did not reach the waters of the state, Grading needs to be improved to take storm water away from the house and not into the lagoon. #30 Permittee failed to notify the regional office of the spill. BI MS Incident #201800328 page: 1 t Permit: AWS820171 Owner - Facility : Cornelia Ford Facility Number: 820171 Inspection Date: 02/23/18 Inppection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine Swine - Feeder to Finish 3,124 534 Total Design Capacity: 3,124 Total SSLW: 421,740 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Lagoon 1 19.00 33.00 Lagoon 2 19.00 33.00 page: 2 I Permit: AWS820171 Owner - Facility : Cornelia Ford Facility Number: 820171 Inspection Date: 02/23/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yee No Na No ❑ ❑ ❑ 1. Is any discharge observed from any part of the operation7 1:10 ❑ Discharge originated at: Excessive Ponding? ❑ Structure ❑ Frozen Ground? ❑ Application Field ❑ PAN? ❑ Other ❑ Total Phosphorus? ❑ a. Was conveyance man-made7 ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) M ❑ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ M ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ M ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yee No Na Ne 4. Is storage capacity less than adequate? ❑ M ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le) large ❑ M ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a ❑ ■ ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? M ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Application Yes No Na No 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ M ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%110 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 hi Permit: AWS820171 Owner - Facility : Cornelia Ford Facility Number: 820171 Inspection Date: 02/23/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na Ne Crop Type 1 Coastal Bermuda Grass (Hay, Pasture) Crop Type 2 Coastal Bermuda Grass w/ Rye Overseed Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Blanton Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ E ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑N ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ N ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ E ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ E ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ E ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ page: 4 1 r ,y Permit: AWS820171 Owner - Facility : Cornelia Ford Facility Number: 820171 Inspection Date: 02/23/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No No No Stocking? ❑ M ❑ ❑ Crop yields? ❑ 120 Minute inspections? ❑ ❑ ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ ❑ ❑ ❑ 22. Did the facility fall to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ❑ (NPDSS only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ M ❑ ❑ Non-compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: ❑ N ❑ ❑ 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ■ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ .M ❑ ❑ Other Issues Yoe No Na No 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ M ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? 0 ❑ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ M ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon 1 Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ M ❑ ❑ CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ N ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ page: 5 NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION January 5, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Floyd F Pate 3082 Peanut Plant Rd, Elizabethtown NC 28337 Subject: NOTICE OF DEFICIENCY 1 NOD -2010 -PC -1255 Dear Mr. Pate: Pigeon Flats AWS820040 Sampson County Incident No. 201024111201002686 On August 25, 2010 and September 30, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Brian Barns of a high freeboard level in the lagoon 1. On September 30, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Brian Barns of a high freeboard level in the lagoon]. We wish to thank Mr. Barns for notifying DWQ of these incidents. As a result of these incidents, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000, On August 25, 2010 a lagoon/storage pond level was documented at 18.5 inches in lagoon 1. On September 30, 2010 a lagoon pond level was documented at 16.0 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.nCwa1erguality.ora 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 An Equal OpportunolAtfirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina ;Vatmally Mr. Pate January 5, 2011 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. DWQ request that you obtain a review of your Waste Management Plane by a Technical Specialist. This review must be submitted to the Fayetteville Regional Office in writing within 60 days of receipt of this NOD. The review must contain any corrective action taken or proposed to be taken to improve the facility's compliance. A compliance inspection was done 08/27/2010 and all records were reviewed and the date and time lagoon 1 was returned to compliance on 10/15/2010 If you have any questions concerning this notice, please contact me at (910) 433-3300. Sincerely, G Steve Guyton Environmental ,Specialist Fayetteville Regional Office cc: Keith Larick, CAFO Unit Sampson Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy Brown