820179_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

fNf AT Michael F. Easley, Governor
� qpG
William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
j Alan W. Klimek, P.E. Director
,C Division of Water Quality
August 22, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Nelson & Jerry Butler
683 Odom Rd
Clinton, NC 28328
Subject: Inadequate Freeboard
No Further Action
N&J Butler Pig Farm
82-179
Sampson County
Dear Sirs;:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. The Fayetteville Regional Office has determined that no further enforcement actions will
be taken by the Division for the inadequate freeboard.
However, upon review and consideration of the information submitted, the Fayetteville Regional
Office has determined that an NOV is appropriate due to poor operation and management.
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.
NC
IW
Customer Service: Mailing Address: Telephone: (9f 9) 733-5093 Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 Stale Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled / 10% post -consumer paper
http:/lh2o.enr.state, no. 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.
Sincerely,
ZdAul.Rawls
Water Quality Regional Supervisor
cc: FRO File: 82-179
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files

April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Nelson & Jerry Butler
683 Odom Rd '
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
N&J Butler Pig Farm
#82-179
Sampson County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E.- Director
Division of Water Quality
AR +2 3 2003
On March 21, 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 March 14, 2001. 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
NCO "N
Customer Service: Malting Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #t52-01.01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
50% recycled/ 10% post -consumer paper
h ttp://h2o. enr. s to te. nc. us
i�

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,
Ian W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

AU. -1.3' 03 (WED) 07:48 STANDARDS DIVISION TEL:91911 SOS24
Nelson & Jerry Butler
692 Odom Road
Clinton, NC 28325
Xntergrader: Prestage Farms
Actions taken to restore needed freeboard:
Keep nipple waters in good repair.
Discontinue washing walkways in nurseries. Scrap them instead.
Begin to pump as soon as spray fields are dry enough,
Get permit to temporarily add 5 acres soybean field, adjacent to spray field, to waste
management plan.
Actions to insure no further freeboard violations:
Discontinue washing walkways in nurseries.
Begin to pump as soon as spray fields are dry enough,
Follow waste management pians as close as possible.
Maintain lagoon levels between second and third gauge markers instead of First and
second gauge markers.
Keep up with 30 day weather forecast to know where level should be to allow for
predicted rainfall.
Get new lagoon sample, PAN should be way lower to allow more pumping.
3
P. 0021002

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Nelson & Jerry Butler
N&J Butler Pig Farm
683 Odom Rd
Clinton NC 28328
Dear Mr. Butler:
EDEHNR
April 3, 1997 �� �'
APR 0 7 1997
RfLt�7o.
SUBJECT: Notice of Violation
Designation of Operator in Charge
s N&J Butler Pig Farm
Facility Number 82--179
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 [phone].
Sincerely, NN��
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, ak 4C FAX [phone]
Raleigh, North Carolina 27626-0535 '% An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 100% post -consumer paper