820185_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
January 18, 2001
SUBJECT: Recision of NOV/NOI
Reissu nce of Notice of Defciencv
Dan C. Bowden Farm
Facility No. 82-185
Sampson County
Mr. Dan C. Bowden .
I 1040 Hobbton Highway
Clinton, NC 28328
Dear Mr. Bowden.
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NCDENR
On November 20, 2000, staff from the Fayettteville Regional Office of the Division of
Water Quality met with you and Mr. Glenn Clifton for an inspection of the Dan C. Bowden Farm,
at your request, due to a referral by the Division of Soil and Water concerning over application.
At the conclusion of the inspection, and after review of your records using the correct gallons per
minute for your pump, it was determined that there was no over application of nitrogen.
However, in order to utilize the 100 pounds of nitrogen on the small grain overseed, there are
dates for planting, application of nitrogen and harvesting which must be followed. Please
familiarize yourself with these dates which are stated in your CAWMP.
Upon review and consideration, this notice of violation will be reduced to a notice of
deficiency for not following the 100 pound criteria for small grain overseed.
If you have any questions concerning this matter please contact* myself or John Hasty at
[phone].
Sincerel
PAul E. wls
Water Quality Regional Supervisor
cc: Operations Branch
Central Files
Trent Allen-DSWC Fayetteville Office
Wilson Spencer -Sampson Co. NRCS
Dennis Ramsey-Comliance Group
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043
PHONE (910} 486-1541 FAX (910} 486-0707 WWW. 1:
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DENR TOLL FREE HOTLINE: [phone]

V- O d

NORTH CAROLINA DF-PAR14NIENT OF
ENVIRONMENT AND NATURAL R,EsouRcEs
DIVISION OF WATER QIUALITY
FAYETTEVILLE REGIONAL. OFA 10E
October 30, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dan Bowden
11040 Hobbton Highway
Clinton, NC 28328
Subject: Notice of Violation/Notice of Intent
Administrative Code 15A NCAC 2H .0217
Dan C. Bowden Farm
Facility No. 82-185
Sampson County
Dear Mr. Batts:
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 21, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed an annual review of the Dan C. Bowden
Farm in Sampson County. The review revealed that over application of
nitrogen had occurred on pull #7A by 156.91 pounds per acre. It was also
noted that hydraulic over application occurred on pulls 2-1 through 2-6 at
2.37 inches per acre and pull 7A at 3.65 inches per acre. These are violations
of your CAWMP and the farm's General Permit Condition II1.6.f 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 either agronomically or
hydraulically.
2. Over application shall be reported as required by the General Permit.
225 GREEN STREET, SUITS 714 1 SYSTEL 9LD. FAYETTEVILLL, NORTH CAROLINA 239301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Bowden
10-30-00
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.
You are hereby notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
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.
If you have an explanation for these violations that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before November 13, 2000 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Glenn Clifton-Prestage Farms
Dennis Ramsey -Compliance Group
Central Files - Raleigh

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 21, 1998
CERTIFIED MAIL
Dan C. Bowden
11040 Hobbton Highway
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Dan C. Bowden Farm
Registration No. 82 - 185
Sampson County
Dear Mr. Bowden:
On September 16, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Dan C. Bowden Farm swine facility. It
was noted from the review of the irrigation records that they were incorrect. The
number of acres used to calculate the irrigation records did not coincide with the
acres calculated for each pull in the certified irrigation design. It was observed that
the coastal bermuda fields had some competition with crab grass and other grasses
and needed to be cut at the time of inspection. The baled hay had not been
removed from the fields from the previous cutting. It was also noted that one of
the fields used for waste application was not in the certified animal waste
management plan (CAWMP). This field was not owned by Mr. Bowden, however
he indicated that an animal waste utilization agreement had been signed by the
landowner and notarized by a Notary Public. This agreement was not on the farm
at the time of the inspection.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Recalculate the irrigation records using the acreage figured for each pull as
listed in the certified irrigation design layout in order records to be accurate.
228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE [phone] FAX [phone]
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Page 2
Dan Bowden Farm
October 21, 1998
2. Need to cut and bale coastal bermuda fields used for waste application on a regular basis
throughout the growing season. Once the coastal has been baled it also needs to be removed from
the field.
3. Contact a technical specialist in order to update the CAWMP to include the field that has been
used for waste application that was not previously in the CAWMP. The CAWMP also needs to
include the waste utilization agreement since the field is not owned by Mr. Dan Bowden..
Please provide a written response to this office on or before November 20, 1998 regarding
corrective actions taken or planned. 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 Jeffery Brown, at [phone].
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Wilson Spencer - Sampson Co. NRCS
Glenn Clifton - Prestage Farms

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TO: Division of Water Quality kov 19 1998
FAIT rr,
FROM; Dan C. Bowden g,2• � RSG. jtLE
OEv
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DATE: November 15; 1998
REF: Notice of Deficiency
Dan C. Bowden Farm
Registration # 82-185
Sampson Co.
Date of Notice / 10-21-98
Reference item # (1)
Irrigation records using the acreage figured for each pull as
listed in the certified irrigation design layout have been
recalculated & records are correct.
Reference item # (2)
Coastal Burmuda has been cut & baled & plans are being made with
the person cutting & baling the hay to cut more often & to remove
it from the field in a more timely matter in the future.
Reference item # (3)
The CAWMP is being updated to include the field that has been used
for waste apllication not previously in the CAWMP & will also
include the waste utilization agreement (Leased Land) not owned by
myself ( D. C. Bowden)