HomeMy WebLinkAbout820272_ENFORCEMENT_20171231NUH l H UAHULINA
Department of Environmental Qual
1f1jAT�C Michael F. Easley, Governor
R William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
O -C
August 28, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Carlton B. Barefoot
6330 Roanoke Rd.
Newton Grove NC 28336
Subject: NOTICE OF VIOLATION
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
C.B. Barefoot Farms 1-16
Facility No. 82-272
Sampson County
Permit No. NCA 282272
Dear Mr. Barefoot:
You are hereby notified that, having been permitted to have a National Pollutant Discharge
Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N. C.
General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found
to be in violation of your NPDES Permit.
Violation 1:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal
Waste Management Plan: (Permit No. NCA2822272 Section 11 4.)
On 06-07-2006 a routine inspection of your farm records showed you applied waste on field 7A &
713, these fields were not on the Waste Management Plan in your farm records. Review of
information submitted in response to our findings showed over application on pulls 6K and 7A.
Required Corrective action for Violation 1:
If you have not already done so, immediately cease application methods of animal waste that
causes or contributes to over application of PAN and take all necessary steps to insure this
violation does not reoccur. The steps could include but are not limited to modification of your
Certified Animal Waste Management Plan and/or adjustment and calibration of the spray
irrigation equipment.
d. Division of Water Quality/Aquifer Protection Section
NcbENR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: (910) 433-3300 FAX (910) 485-0707
Internet: hftp://lqw.ehnr.state.nc.us
Customer Service: (800) 623-7748
Page 2
Mr. Barefoot
The Division of Water Quality requests that, in addition to the specified corrective action above,
please submit the following items on or before 9-29-2006 unless another time frame is indicated
below:
Please have the OIC for this farm include an explanation as to how this violation occurred.
2. Please have the OIC include a list of the steps that will be taken to prevent this violation from
occurring in the future.
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 $25,000.00 per day per
violation.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Steve Guyton, Environmental Specialist, or myself at (910) 433-3300.
Sincerely,
Stephen rnhardt
Regional Aquifer Protection Supervisor
cc: APS Central Files
DS&W FRO
Prestage Farms
Sampson County SWCD
September 4, 2006
Mr. Stephen A. Barnhardt,
RECEIVED
DEHR-GAYEi EWLEREGIONAL QMGE
In reference to the Notice of Violation I received in August for Facility No. 82-272,
Permit No. NCA 282272:
Addressing applications to fields 7A & 7B; both these pulls are covered in my waste
plan. Earlier in the year, I had a tech. Specialist rewrite my plan to include both grazing
and non -grazing application rates. When I received my copy, I noticed that he had
inadvertently left off pulls 7A & 7B. I carried it back to him for correction, which he did.
Both pulls are covered in my plan.
Addressing over application on pull 6K; my irrigation equipment calibration had changed
(from 220gpm on 5124104 to 254gpm on 6122105 to 200gpm on 6/8/06). When pumping
during the winter months of 2006, I had made some adjustrnent to my sprinkler to reduce
the GPM. I didn't recalibrate my equipment at that time. My paperwork shows the over-
application using the higher figure. If I had used the current calibration, it would not
have showed an overage. I'm very careful about my waste application. This problem
will not occur again.
Thank You,
Carlton Barefoot
Prest.age Farms, Inc.
ivripation Egmpraent Field Calihri:tian For,ii.
Fatrt Naive:
1_%r 1:': t: '
�a« c•1 x Ca]ibratiOr::
Flow Nic:ter Sel;i3i Number:
t - -
Measured ling size: �f n�- _ inches
Is ring size within 0.01" of original manufactured size?
� Yes or No. If not, replace ring.
Pressure Gauge Readings At Pump: f 9 0 -psi
At Traveler.- psi
At Sprinker/Gun: r -1U psi
Expected Flow Rate (from manufactures chart):. GPM
Measured blow Rate (from flow meter): GPM
Flow rate valiance greate than l0%
Yes No
nECEIVE�
' � u
OENRR `.EA"LLE REGIONAL OEr7CE
Expected Wetted Diameter (from the wettable acres determination): ft.
Measured Wetted Diameter: O (�) ft.
Wetted diameter variance greater than 15% &/or measured flow variance greater than
10%: Yes _ No If yes, then contact a technical specialist or irrigation dealer
for assistance.
Comments:
r
Calibrator: �_:�,�° rnL ;= i_.n
(signature)
S�ri�as,:pro
Equipment f=ield Calibration Form 511/03
lcrit:,st;f►it 1".rltl>nment Fivid Cadihrat'uii Form
Fanta Name: j 1 ;`:r:? sr - ?
Date usf Field Caiil.ft.ltiuil:
How I'Acter Serial Number:
Equil;n;cnt Nunnhcr:
Measured ring size: _—�inches
Is ring size within 0.01" of original manufactured size`'
Yes or No. If not, replace ring.
Pressure Gauge Readings At Pump: si
At Traveler: _psi
At Sprinker/Gun: psi
Expected Plow Rate (from manufactures chart): _— - �'- GPM
Measured Flow Rate (from flaw meter): 5' — GPM
Flow rate variance greater than I O'/7o
Yes No
QDVR-FAYETTcVilf E REGI�E
Expected Wetted Diarrreter- (from the lXIettable acres determin t:on}: _ 2 o ft.
Measured Wetted Diameter: ft.
Wetted diameter variance greater than 15% &lor measured flow variance greater than
10%: Yes No if yes, then contact a technical specialist or irrigation dealer
for assistance.
Comments:
Calibrator:.—_�L2r>s
L �Si�rlalurCj�
Irrigation EgLipmem Field Calibration Form 511103
Irrigation 11.C1t ipnient Field Calibration Fcorm
f. :�-
Faun Namc•
.. %:
Date of Ficid Cajibi-o:'un:
Flow NIetGr Serial Number:
gL1iprr,e;1t lNtumber:
Measured ring size: �—_ inches
is ring size within 0.01" of original manufactured size?
✓ Yes or No. If not, replace ring.
Pressure Gauge Readings At Pump: 1900 r rT,r psi
At Traveler:
ff
At SprinkerlGun: 30 psi
Expected blow Rate (from manufactures chart): � -' � GPM
Measured Flow Rate (from flow meter): _ � c�C, GPM
Flow rate variance greater than IOUb
Yes No
Expected Wetted Diameter (from the :wettable acres determination)
Measured Wetted Diameter: cR'7S ft.
R E��
OENR - FAYEMLLE REGIQuAL OFFICE
�.r�' o ft.
Wetted diameter variance greater than 15% &lor measured flow variance greater than
10%: Yes No / If yes, then contact a technical .specialist or irrigation dealer
for assistance.
Comments:
Calibrator-. = ! terr %
(signature} T
Imp6on Equipment Field Caitbratton herrn 511103
C. B. Barefoot Farms 1-16
Page 4
of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of
the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and
irrigation designer to ensure that an irrigation system is installed to properly irrrigate the acres shown in tables
Failure to apply the recommended rales and amounts of nitrogen shown in the tables may make this plan
invalid.
The following table is provided as a guide for establishing application rates and amounts.
f -ractNG7
ield No,
Soil Type
Crop
Code
Applic.
Rate in/hr
Applic.
Amount
.4787
5
WaB
CB -Graze
0.6
1.0
4 787
5A
WaB
CB -Graze
0.6
1.0
4787
58
WaB
CB -Graze
0.6
1.0
4787
6A
WaB
CB -Graze
0.6
1.0
4787
6B
WaB
CB -Graze
0.6
1.0
4787
6C
WaB
CB -Graze
0.6
1.0
4787
6D
WaB
CB -Graze
0.6
1,0
4787
6E
WaB
CB -Graze
0.6
1.0
4787
6F
WaB
CB -Graze
0.6
1.0
4787
6G
WaB
CB -Graze
0.6
1.0
4787
6H
WaB
CB -Graze
0.6
1.0
4787
61
WaB
CB -Graze
0.6
1.0
4787
6J
WaB
CB -Graze
0.6
1.0
4787
6K
WaB
CB -Graze
0.6
1.0
4787
6L
WaB
CB -Graze
0.6
1.0
4787
7A
WaB
CB -Graze
0.6
1.0
4787
7B
WaB
CB -Graze
0.6
1.0
4787
5-7B
WaB
SG -Graze
0.6
1.0
Tract No.
Field No.
Soil Type
Crop
Code
Applic.
Rate in/hr
Applic.
Amount
4787
5
WaB
CB -Ha
0.6
1.0
4787
5A
WaB
CB -Hay
1.0
4787
5B
WaB
CB -Hay
-0.6
0.6
1.0
4787
-6A
WaB --rCB-Hay
0.6
1.0
4787
6B
WaB
CB -Ha
0.6
1.0
4787
6C
WaB
CB -Hay
0.6
1.0
4787
6D
WaB
CB -Hay
0.6
1.0
4787
6E
WaB
CB -Hay
0.6
1.0
4787
6F
WaB
CB -Hay
0.6
1.0
4787
6G
WaB
CB -Hay
0.6
1.0
4787
6H
WaB
CB -Hay
0.6
1.0
4787
61
WaB
CB -Hay
0.6
1.0
4787
6J
WaB
CB -Ha
0.6
1.0
4787
6K
WaB
CB -Ha
0.6
1.0
4787
6L
WaB .
CB -Hay
0.6
1.0
47$7
7A
WaB
CB -Hay
0.6
1.0
4787
76
WaB
-CB-Hay
0.6
1.0
4787
5-78
WaB I
CB -Hay
0.6
1.0
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 24, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carlton Barefoot
6330 Roanoke Road
Newton Grove, NC 28341
Re: Request for Information
Sludge Survey Report
C.B Barefoot Farms 1-16
NCA282272
Sampson County
Dear Carlton Barefoot:
Alan W, Klimek, P.E. Director
Division of Water Quality
Your Animal Waste Management General NPDES Permit contains a condition
that addresses the sludge survey requirement for the lagoon(s) at your animal
feeding operation.
Your NPDES Permit Number NCA282272 Condition 111. 16, on page 10 states:
"All facilities, which are issued a COC to operate under this permit, shall conduct
a survey of the sludge accumulation in all lagoons within one (1) year of receiving
the COC and every year thereafter. This survey shall include but not be limited to
a sketch showing the depth of sludge in the various locations within each lagoon.
This survey shall be submitted as part of the facility's annual report in the year it
was conducted..."
Our records indicate that the Division has not received the sludge survey results
for the year 2005 from your facility and your facility had not previously exempted
based on prior surveys. The form was due March 1, 2006. To avoid possible
enforcement action for a violation of your permit, please submit the results within
thirty'(30) days of receipt of this letter to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internee: www.ncwaterquality.org Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal opportunity/Affirmative Action Employer- 50% Recyde&lD% Post Consumer Paper
tal
Carolina
ura!!y
Telephone: (919) 733-3221
Fax t; (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
Carlton Barefoot
Page 2
4124!2046
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.
Sincerely, CIA
Stephen A. hardt
Fayetteville Regional Office
cc: CFile 82-272
APS Central Files