820242_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quai

7r kW ij0V-a013-PC- 0341
September 10, 2013
Stephen A. Barnhardt
Environmental Program Supervisor
Wilmington Regional Office
Aquifer Protection Section
225 Green Street—Suite 714
Fayetteville, NC 28301-5095
Mr. Barnhardt,
DENR-FRO
SEP 1 12013
DWC)
This letter is in response to the Notice of Violation issued by your office against Facility Number
82-242 on June 19, 2013. 1 apologize for the tardiness of this reply, but I wanted to allow an adequate
amount of time to insure that my freeboard issues had been fully addressed prior to sending a response.
While disappointed that your office chose to issue an NOV to me given the severe chronic rainfall period
experienced in my area in the late Spring / early Summer of this year, I will try to address the requests
for additional information specified in your letter.
Before and after your letter was written on June 19"', my farms received unprecedented rainfall.
We had multiple short duration rainfall events of 5" or greater, and received multiple rainfall events
each week. Obviously, these types of rainfall events tax any waste management system. I do not agree
with the assertion in your letter that I should have been pumping more aggressively going into the
previous Winter months. I feel that I made every effort to land apply when conditions allowed, without
compromising my ability to prevent ponding or runoff. During this chronic rainfall period, I spent in
excess of $12,000 hauling water from my lagoons to other, more sandy, land application fields to insure
that the integrity of my dikes was insured. For an operation my size, this is a significant amount of
money that greatly impacts my bottom line. In the end, however, I feel good about the decisions I made
during this time. To manage my system through this type of rainfall period without ponding or runoff,
and any other associated environmental impact, is something I am proud of.
In response to these issues, I solicited the help of Kraig Westerbeek, Technical Specialist from
Murphy -Brown, to review my situation and offer recommendations. After review, Kraig communicated
to me that the freeboard issues were totally related to the unprecedented rainfall amounts in my area,
and did not think any changes to my Nutrient Management Plan, or management were necessary. We
did agree that I should identify land within a reasonable distance of my farm that could be used for
emergency pump and haul purposes, and insure access to this land in the event that this type of rainfall
event would re -occur. There were no issues noted with regards to the adequacy of my pumping system.
I appreciate the opportunity to respond to this Notice, and thank the Division for working with
me through this trying time period. I have, and will continue to, operate my farm with the intent of not

causing environmental impacts, and note that I was able to do so successfully in this case. If there are
further questions or concerns, please feel free to contact my or Mr. Westerbeek.
Sincerely, pM
Sidney Blah -j
Owner, Facility Number 82-242

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Tom Reeder John E. Skvada, III
Governor Acting Director Secretary
June 19, 2013
CERUIED MAIL 7010 3090 0001 3216 3956
RETURN RECEIPT REQUESTED
Mr. Sidney Bland
PO Box 107
Harrells, North Carolina 28444-0107
Subject: NOTICE OF VIOLATION, NOV-2013-PC-0224, incident 201301123
Administrative Code 15A NCAC 2T . 13 04
Five Points, Huckleberry Hill & Deer Field Nurseries, Facility No. 82-242
Permit No. AWS820242
Sampson County
Dear Mr. Bland:
On 6/1412013, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section, inspected
Five Points, Huckleberry Hill & Deer Field Nurseries and the permitted waste disposal system. We wish
to thank you for assistance during the inspection.
As a result of this inspection, 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. 1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal
Waste Management Plan. (Permit No. AWG 100000, Section V. 2)
On 06/1012013, lagoon levels were documented at 17,0 inches of freeboard at Huckleberry Hill and 16.0
inches at Deer Field. A level of 19.0 inches is the maximum level allowed by your permit.
On 06/11/2013, a lagoon level was documented at 18.0 inches of freeboard at Five Points. A level of 19.5
inches is the maximum level allowed by your permit.
Due to subsequent rains, these levels were even higher when inspected. The Division acknowledges
heavy rainfall in your area during the last month.
AQUIFER PROTECTION SECTION
225 Green Street — Suite 714
Fayetteville, North Carolina 28301-5095
Phone: [phone] FAX [phone] l Customer Service 1-877-623-0748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity 1 AArmative Action Employer
One
NhCarolina
turally

Mr. Bland
06/19/2013
Page 2 of 2
Required Corrective Action for Violation l:
Continue to follow the proposed actions outlined in you Plan of Action (POA) received in the Fayetteville
Regional Office on 06/12/2013. "Take all necessary additional steps to insure lagoon levels remain in
compliance with Section V. 2 of your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before July 19, 2013.
1. An explanation frorn the OIC for this farm regarding how this violation occurred.
2. A list from the O)lC concerning the steps that will be taken to prevent this violation from
occurring in the future.
3. An evaluation by a Technical Specialist of the farm's Waste Management Plan, including
adequacy of the pumping system.
You are required to provide a written response to this Notice by July 19, 2013. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
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.
If you have any questions concerning this Notice, please contact Joan Schneier or me at [phone].
Sincerely,
Stephe . Barnhardt
Enviro ental Program Supervisor
cc: Keith Larick CAFO Unit
FRO Files

AirnA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Govemor Director
AQUIFER PROTECTION SECTION
August 17, 2012
CERTIFIED MAIL '7010 1770 000 3 4 -1 -IA 7 V9 I
RETURN RECEIPT REQUESTED
Mr. Sidney Bland
PO Box 107
Harrells NC 28444-0107
Subject: NOTICE OF DEFICIENCY
Five Points, Huckleberry Hill, and Deer Field Nurseries, Facility #82-242
AWS 820242
Sampson County
NOD -2012 -PC -0186; Incident No, 201201226
Dear Mr. Bland:
Dee Freeman
Secretary
On July 17, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section was notified of a high
freeboard level in Huckleberry Hill and Deer Field lagoons. We wish to thank you 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. 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 July 16, 2012, lagoon levels were documented at 18 inches at Huckleberry Hill and 17 inches at Deer Field Nurseries.
A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan for each
lagoon.
AQUIFER PROTECTION SECTION
225 Green 5t., Ste. 714
Fayetteville, North Carolina 28301
Phone: 91D433-33001 FAX: [phone]M Customer Service: 1-877-623-6748
Internet: www.h20.enr.statenc.us
An Equal Opportunity I Affirmative Action Employer
NorthCarolina
Naturally

Five Points, Huckleberry Hill, and Deer Field Nurseries
08/17/12
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 and appreciates your
timely action in pumping down the lagoon. We also acknowledge high rainfall amounts in your localized area during July.
Please continue to insure lagoon levels remain in compliance with Section 2 of your permit,
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
ww_ Acko��
Joan Schneier
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit
FRO Compliance Animal Files

�41
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly l=aves Perdue Coleen H. Sullins
Governor Director
AQUIFER PROTECTION SECTION
November 18, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sydney Bland
Five Points, Huckleberry Hill and Deer Field Nurseries
PO Box 107
Harrells, NC 28444-0107
Subject: NOTICE OF DEFICIENCY
Five Points, Huckleberry Hill and Deer Field Nurseries, Facility #82-242
AWS 820242
Sampson County
NOD -2010 -PC -1169/ Incident no.201002814
To Whom It May Concern:
Dee Freeman
Secretary
On October 1, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified by
Sydney Bland of a high freeboard levels in the lagoons. We wish to thank Mr. Bland 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. 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.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX :[phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.h20.enr.state.nc.us Naturally
An Equal Opportunity 1 Affirmative Action Employer

Cont. Page Two
November 18, 2010
Five Points, Huckleberry Hill and Deer Field Nurseries
On October I, 2010 a lagoon/storage pond levels were documented at 17 (lagoon 1), 18 (lagoon 2) and 19 (lagoon 3)
inches. A level of 19 (lagoon 1), 19.5 (lagoon 2) and 19 (lagoon')) inches are the maximum levels allowed by your permit
and Certified Animal Waste Management Plan.
Required Corrective Action for Deficieney 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.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact our office at (9I0)43;-3300
Sincerely,
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Sampson County Soil and Water Conservation District
NCDS WC -FRO
FRO Compliance Animal Files
Murphy -Brown, LLC

ATF
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 16, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sidney Bland
P.O. Box 107
Harrells NC 28444
SUBJECT: NOTICE OF DEFICIENCY
Five points, Huckleberry Hill & Deer Field Nurseries
Facility No. 82-242
Permit No. AWS820242
Sampson County
Dear Mr. Bland:
On September 1, 2006 you or staff from your farm notified the Fayetteville
Regional Office of the Division of Water Quality, as required by General Permit condition
111.6.e that the freeboard level of the lagoon was less than the minimum required by the
General Permit. The liquid level of the Deer Field lagoon was reported as 15 inches,
Huckleberry Hill was reported as 15 inches. General Permit condition V.3 states "The
maximum waste level in lagoonststorage 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 as additional 1 foot of structural freeboard."
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 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 your file. If you have any questions concerning this matter,
please do not hesitate to contact myself at (9 10) 433-3300.
cc: APS Central Files
DSBW FRO
Sampson County SWCD
Sincerely,,
Ricky Revels
Environmental Supervisor I
truer
Division of Water QualitylAquifer Protection Section
225 Green Street, Suite 714, Fayetteville, NC 28301-5043 ED
f� Phone: [phone] FAX: [phone]
Internet: httP//uw.ehnr.state.nc.us
Customer Service: [phone]

N
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sidney Bland
PO Box 107
Harrells NC 28444
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
April 16, 2003
Coir
' . MAY 12 2W3 c
SUBJECT: Notice of Violations +'=r;' _ _ j f
Request for Information
Inadequate Freeboard
Five Points, Huckleberry Hill & Deer Field Nurseries
#82-242
Sampson County
Dear Sir or Madam:
On March 7, 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 .lune 25, 1999. 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
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity lAffirmative Action Employer
50°Y recycled 110% post -consumer paper
http11h2o. enr, state. nc. us

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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
Jr for the past 12 month~.
A summary of actions taken to restore the needed freeboard in the lag*oon(s) including but
not limited to rbmoval of animals from the site, allay of restocking of animals,$itmping
and hauling waste to another site (specify site), curing additional irrigation equipment,
_19rand kcuring additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
Yj--c 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.
—35C 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
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files