HomeMy WebLinkAbout820401_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qual
F--7AWY%
a z
CDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Natural Resources
AQUIFER PROTECTION SECTION
January 4, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Black River Farms, LLC
PO Box 1
Harrells NC 28444
Subject: NOTICE OF DEFICIENCY / NOD -2011 -PC -0018
Cascade Nursery & Finishing Farm
AWS820401
Sampson County
Incident No. 201000768
To Whom It May Concern:
Dee Freeman
Secretary
On February 6, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Greer Moore of a high freeboard level in the finishing and nursery lagoons. We
wish to thank Mrs. Moore for notifying DWQ of this incident,
As a result of this incident, you are hereb-N: 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 \,our lagoon/storage ponds in accordance with the facility -s Certified
Animal Waste Management Plan in accordance with Condition V. 2. of Seine Waste System General
Permit No. AWG 100000.
On February 6, 2010 a lagoon/storage pond level was documented at 18.00 inches in the finishing
lagoon and 18.0 inches in the nursery 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.ncwaterguality erg
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
NorthCarofina
Naturally
Black River Farms LLC
January 4. 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.
A compliance inspection was clone 12/07/2010 and all records were reviewed and the date and time
lagoon I returned to compliance on 02/15/2010.
If you have any cluestions concerning this notice, please contact me at (910) 433-3300.
Sincerely.
Steve Guvton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick, CAFO Unit
Sampson Soil and Water Conservation District
NCDS WC -FRO
FRO Compliance Animal Files
Murphy Farms
-E s No. 20/000 -7&
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number. 82 ` 4' t9 / County: Sampson [��—RECEIVED
Facility Name: li��-m-
Certified Operator Name: Jim Moore
FEB 15 2910
Operator Number: 1 DENR- FAYMEMLLE REGIONAL OFECE
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/1D: #1 Fin. #2 Nur. #3
Spillway(Y or N): N N N
Level(inches): 18 18
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures.
Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are
within acceptable ranges.
X liquid level is within the 25 year 24 hour storm elevations for one or more structures. A
30 day Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste
to be pumped and hauled is reflected in section III tables. Included within this plan is a list
of the proposed sites with related facility numbers, number of acres and receiving crop
information. Contact and secure approval from the DWQ prior to transfer of waste to a site
not covered in the facility's CAWMP.
Operation will be partially or fully depopulated.
'Attach a complete schedule with corresponding animal units and dates fro depopulation
T animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 2/11/2011
I hereby certify that I have reviewed the information listed above and included within the
attached Plan of Action, and to the best of my knowledge and ability, the information is
accurate and correc?hv4lem
1n Z.6c Phone: J -f
Facility OwnerlManager {print}
— klor ? - , )
Date:
Facility Owner/Manager (signature)
"" J
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): mkkAm
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
b. designed 25 yr./24 hr. storm & structural freeboard
c. line b - line a (inches in red zone) =
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e. line ct12 x line d x 7.48 gallons/W
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
18.0 inches
19.0 inches
1.0 inches
89234 ftz
55623 gallons
180 days
g. volume of waste produced according to structural design 59342 ftJ
h. current herd # 2800 certified herd # 3200
actual waste produced = current herd # x line g
certified herd #
i. volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 days/line f,--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 12/13/2009
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
51924 ft'
®ft,
36625 ft3
110391 gallons
1.60 Ibs/1000 gal.
265.6 lbs. PAN
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
30 DAY DRAW DOWN PERIOD
1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID):
2_ Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
18.0 inches
b. designed 25 yr./24 hr. storm & structural freeboard
19.0 inches
c. line b - line a (inches in red zone) =
1.0 inches
d. top of dike surface area according to design
(area at below structural freeboard elevation)
9272 ftp
e. line cJ12 x line d x 7.48 gallonsffP
5780 gallons
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design 1 BO days
g. volume of waste produced according to structural design 24,023 ft3
h. current herd # 1800 certified herd # 2600
actual waste produced = current herd # x line g =
certified herd #
i_ volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i + j) x 7.48 x 30 daysAine f,--
4.
=
4. Total PAN to be land applied during draw down period
I. current waste analysis dated 1 12/13/200-91
m. ((lines e + k)/1000) x line I =
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
16631 fe
�1ft3
15325 ft3
39839 gallons
1.60
lbs/1000 gal.
82.1 lbs. PAN
11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR /FACILITY
1. Structure ID:
line m =
265.6 ib PAN
2. Structure ID:
line m =
82.1 Ib PAN
3, Structure ID:
line m =
lb PAN
4. Structure ID:
line m =
Ib PAN
5. Structure ID:
line m =
lb PAN
6. Structure ID:
line m =
Ib PAN
n. lines 1+2+3+4+5+6= 347.7 lb PAN
Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 38 DAY PERIOD.
o. tract # p. field # q. Crop
r. acres
s- remaining IRR L TOTAL PAN u. application window'
2 PAN balance BALANCE FOR
(Ib/acre) FIELD (lba.)
Column r Y s
is SG
3.22
30.00
96.6 9101-4130
1b SG
2.13
30.00
63.9 9/01-4130
2a SG
2.45
30.00
73.5 9101-4130
2b SG
2.77
30.00
83.1 9101-4130
3a SG
1.43
30.00
42.9 9101-4130
3b SG
2.44
30.00
73.2 9101-4130
4a SG
2.87
30.00
86.1 9101-4130
4b SG
3.09
30.00
92.7 9101-4130
5a SG
2.32
30.00
69.6 9/01-4130
5b SG
2.76
30.00
82.8 9101-4130
6a SG
2.15
30.00
64.5 9101-4130
6b SG
2.89
30.00
86.7 9101-4130
7a SG
2.46
30.00
73.8 9101-4/30
7b SG
2.19
30.00
65.7 9101-4130
0a SG
2.10
30.00
63.0 9101-4130
Bb SG
2.18
30.00
65.4 9101-4130
9a SG
2.01
30.00
60.3 9/01-4/30
9b SG
2.11
30.00
63.3 9/01-4130
10a SG
2.19
30.00
65.7 9/01-4/50
10b SG
1.99
30.00
59.7 9101-4130
11 SG
2.65
30.00
79.5 9/01-4130
12 SG
2.75
30-001
02.5 9101-4/30
13 SG
1.98
30.001
59.4 9101-4130
14 SG
2.01
30.001
60.3 9101-4130
'State current crop ending application date or next crop application beginning date for available
receiving crops during 30 day draw down period.
v. Total PAN available for all fields (sum of column t) = 1714.2 Ib. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section 11) = 347.7 Ib. PAN
x. Crop's remaining PAN balance (line v from section III) = 1714.2 Ib. PAN
y. Overall PAN balance (w - x) = -1367 ib. PAN
Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and
haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN
based on new information. If new fields are to be included as an option for lowering lagoon level, add these
fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to
another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the
receiving facility. i
F
HIGH FREEBOARD NOTIFICATION FORM
Staff please retain your original and place a copy in the High Freeboard Notification
Box located in Richard Canady's office.
Person Receiving Notificationt _ �+ �-� ^w � S
Facility Number 8 Z - -�40I Date Received S-4., e. 2.o / D
Farm Name .-> Time I2 ; z5 -0e r-1
Caller's Name Ma -o r tJ
Caller's Telephone Numbers
Home#
Farm #
Cell#
Pager#
For all callers PLEASE obtain a phone number where they can be reached at any time.
(Cell phone numbers, home phone numbers, farm phone numbers, pager numbers)
Tell the caller that a member of the CAFO unit or Paul Rawls will contact them as soon
as possible.
Freeboard (in inches)
Lagoon # 1 Lagoon #4
Lagoon # 2 /S'.r �/�'�''s`'�� Lagoon # 5
Lagoon # 3 Lagoon # 6
Do not instruct the caller on the action they should take. That is up to the caller. Remind
them that they are to remain in compliance with their Permit and Waste Utilization
Plan.
Make the caller aware that you are assigning a tracking number to their call. Give the
caller the tracking number and tell them to use this number for all future contacts about
this particular incident and when they call back reporting they are back into compliance
High Freeboard Level Tracking Number is
Thank the caller for their cooperation.
------------------------------------
*Water Quality Staff Only*
If the caller indicates that the lagoon level is <12 inches, contact one of the CAFO staff
AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the
CAFO staff AND Paul Rawls directly on any report of <12 inches.
Treat any report of <12 inches as an emergency event.
*CAFO STAFF ONLY*
Establish a Filemaker/ BIMs Entry number for this report. 2�0 10 40 7 6:9
Print the Filemaker/ BIMs Entry and attach it to this form.
ell
=�1
arm�L�
6A.
{
5A '� J �Z i E - -F� �� X,�•3. �f W.+�.p. � d X �+ c� k p�, r,}� M'
� �,
ON.
�DFWArF9
f
>_
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Black River Farms, LLC
1443 Scronce Rd.
Harrells, NC 28444
SUBJECT: Request for Information
Cascade Nursery & Finishing
Facility No. 82-401
Permit No. NCA282401
To Whom It May Concern:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 12, 2007
Alan W..Klimek, P.E. Director
Division of Water Quality
Late last year or earlier this year, you, or a representative of your farm, reported a
high freeboard at one or more lagoons. As specified in your permit, the Division of
Water Quality requests that you submit a copy of all lagoon levels, rainfall records and
irrigation events from March 1, 2006 through March 31, 2007 (thirteen months) by April
27 to the Fayetteville Regional Office of the Division of Water Quality. If you have any
questions please contact me at 910-433-3330.
Sincerely,
Ricky Revels
Environmental Senior Specialist
Division of Water Quality/Aquifer Protection Section
aE5rNA 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: (910) 433-3300 FAX: (9 10) 486-0707
Intemet: htto:/1gw.ehnr_state.ilc.u5
Customer Service: (800) 623-7748
Re: Greer's Farms (record extension)
Subject: Re: Greer's Farms (record extension)
From: Ricky revels <Ricky.Revels@ncm ail. net>
Date: Fri, 27 Apr 2007 I6:09:53 -0400
To: "rock inm farms @intrstar.net" <rockinmfarms@intrstar.net>
CC: Joan.schneier@ncmail.net
Greer,
This response is to confirm receipt of your information as submitted below. I do
remember telling you that for the farms that elected to receive an NOD for
September 2006 high freeboards no records would be necessary. In addition this
e-mail response is to allow you additional time to submit rain/pumping records for
the Ronnie Carter farm.
Signed,
Ricky Revels
rockinmfarms@intrstar.net wrote:
Good Morning Ricky, Sorry it's taken a little while to get this email to you,
although I have been speaking with you over the telephone. This is in response
to the following growers that recieved the records request letter. The following
are the growers I currently provide technical assistance to, which you are
aware.
1� -• E Ron Davis Farm: Recieved a NOD for high freeboard back in 2006 end would like
to accept the NOD without sending 13 months of records 'rt cS,Q�/G?t
Janna Farms (owner: Dana Strickland): Recieved NOD for high freeboard in 2006
and would }tike to accept the NOD without submitting 13 months of records.
( ao0c- C; .1 1 13j IT,
D_�`(Lt Cascade Farm (owner: Black River Farms (Jim Moore)) Ricky you spoke with Jim on
the phone and confirmed that it would be OK to accept the NOD, and not send
records '!
of Frankie & Jimmy McKenzie Farm, I spoke with you on this matter, this is the farm
we submitted a PoA on for high freeboard, but farm was visited during the high
freeboard period y Soil Water,_ which they did a thorough operational review
of the records.
"�_Np Hervie Honeycutt Farm (82-276) reported a high freeboard in 2006, however Mr.
Steve Guyton (DWQ) did visit the farm during the time the farm had high
freeboard and revieved that lagoon records and did note that this farm could not
get to stop pump during the year do to lagoon needing sludge removal, which
liquid treatment zone will be in compliance by permit expiration (sludge has got
to be removed) . ' . '°
_`n Ronnie Cater recieved request for records on both his facilities, and I will be
J T -'
sending this information in, however could I please get a two week extension. I
OD V t' am so busy trying to get farm inspections done in Pender County with Soil &
Water.
thank you Ricky for your time with these matters!
Greer Moore
1 of 1 5/16/2007 2:02 FM
0J wATF Michael F. Easley, Governor
11 . qQ William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
November 16, 2006
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Black River Farms, LLC
P.O. Box 1
Harrells NC 28453
SUBJECT: NOTICE OF DEFICIENCY
Cascade Nursery & Finishing Farm
Facility No. 82-401
Permit No. NCA282401
Sampson County
To Whom It May Concern:
On September 6, 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 lagoon 1 was reported as 98 inches. General
Permit condition V.3 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 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 (910) 433-3300.
Sin5p�ely,
Ricky Revels
Environmental Supervisor I
cc: APS Central Files
DS&W FRO
Sampson County SWCD
WWI
Division of Water Quality/Aquifer Protection Section
NMEIR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: (910) 433-3300 FAX: (910) 486-0707
Internet: http2gw.ehnr.state. nc.us
Customer Service: (800) 623-7748
I
S,ep 08 06 01:55p Black,.
PLAN OF ACTION(Poa)
Facility Number. 82-401
Facility Name: Cascade Finishir
Certified Operator Name: Jih
1. Current iquid level(s) in inches as m
lowest I la
jo.j owest poi on the top of the dam,i�;
,
the lagoiin t6!the bottom of the - ffn sp W,
�T
Lagoon 1 Lagoi
Lagoon
NainellD- 18
Spillway(Y I or N):
Level(inches),
2. Check all applicable items
Liquid level is within the des
Five and 30 day Plans of A ' c
within acceptable ranges.
X Liquid level is within the 25
30 day Plan of Action is atta
Waste is to be pumped and
to be pumped and hauled,is
of the proposed sites with re
linformation. Contactandse
not covered in the ftfaci
ver Farm
I 2289
ji
11GH FREEBOARD AT A
County: Sam
70
arm
Operator Number. jZ
fired from the current liquid "I i
ns without spil and th2c
)r 14goons with spillways_`
Lagoon 3 Lal goon,.4 Lagoon 5.
f
I
d structural freeboard elevations o
are attached. Hydraulic and
7rT
24 hour storm eievations for one of
J- Agronomic b6lance is within a&
i
.Z'
led to off site locations. Volume
an
:cried in section III tables. lnc'd
j
d facility numb6rs, number of "acres
approval fromithe DWQ priorto to
IMP -
Operation will be p depopulated i
aOete'i
i[c66 16 ti corresponding animal u n its- M
1 ;Attach 6nima6 are to be mov no#ier permitted facility, provide 11�
. I r �
11`M I Ph
freeboard levels and herd atiln for the red'eiving facility
3- Earliest!, p'o's slible date to begin lari ap ication of waste: Hi her c
I hereby certify Out I have review inf6rmation listed
ted above and intl
attached Plan of Action, and to of my knowledge and ability Y.
accurate and correct
.3- Phone: iri
Facility Owner/Manager (pjriM)I
VV-- Date-,
lFacility Owner/Manager (iignature)
.9
;1C
AAL FACILITIES
a goon to the
int liquid level
I
or more structures_
balancesare
-e structures. A
Ae'range_
N content of waste
in this plan is a list
receiving crop
:r of waste to a site
fro depopulation
number, lagoon
by end of week or Medice
d *Mn the
onviadon is
P.2
p �08 06, 61 5516
e acltl
PLAN OF ACTION
k
1.
TOTAL PAN TO BE LAND APPLIED
1. Structure Namelidentifier 01
2- Current liquid volume in 25,
•
a- current liquid I
b. designed 25j
c. line b -line
k'
r i
Y
')
` '
d. top of dike
I
,I area J 4
at t�w
Mull I
finelc/12jcU if
3. 1
Projected volume of waste I
44,
L temporary
g. volume of wa
1!f
h. current herd
actual wa:
i. volume of wa
j. "cess ral
i k. (lines h + i
. I I i-1
4. Tbtiil PAN to be land api
g
cunVA WC,
M. Ones, e +
REPEAT SECTION I FOR EACH 1A
(Click on the next Structure tatft
I
11
ver Farm
t
!OR HIGH FREEBOARD
. .. I I kr,! . . .
IA* DRAW DOWN PERIOD
tWASTE STRUCTURE J ,
hr- storm storage & structural Ul
according to marker
hr. storm & structural freeboA
es in red zone)
area according to design
KAural freeboard elevation)
7.418 galloll'tt'
produced du draw down oc
period according to structural a I
Nit
foduced according to structural dei
26561 certified herd#
roduoed = cu i nt herd # x line
certified herd #
ater according to structural da's'lgn
)r evaporation according to d&igl
I .
rc 111
.48 x 30 da line f--
•
ring draw dawn period ff
",Is'datedf—1 8/18/20061;lt
I L 1 4k.
))xflnel=
LE ON SITE.
0
28913
'kILM
ri � I
inches
19.0 inches
1 1,0 inches
961136 f
59925 gallon
180 days
,iR4,1 IES irs
=1285741W
87562 fe
ft3
F-7ft3--583331
181883 galic
1.80 lbs/1
435-3 lbs. I
gal.
P•3
Sep 08 06 01:55P B 1 a I �r
! {
II. TOTAL
POUNDS OF PAN STOF
6• rema" IRR rzT rAL PAM u. appticafim '
2 PAN heii e E FOR
(lWacre) ` #r
4 '+�lumn rxs f
HR. STORM STORAGE ELEVATIO
+ ! 5.02
1. Structure ID: Cascac
2 !t! f f 41 #
2. Structure ID:
r
}
3. Structure ID:
15.00
4. Structure ID:
i
5. 1Structure ID:
'41-35 Ilk =.. 152.0:4/01-9130
,
.f
24.50 fit, 1 152.0 4101-9130
6. Structure ID: +
t
12.32
62.13 W111 ._ 144.2 4101-9/30 I
�
fis;+I•;
21.00 Tal 67.6 4101-9130
{
i i
n. lines 1 +,
26.x'=.1€:.._, 120.1 4101-913
9 wheat i' 1,41
14.07
,-
10 wheat :._ rf f
i
144:00 14 P_ .;.1 144-0 9/1-4130
it L
II{. TOTAL PAN BALANCE REMAI
12.00
144.00 .131. , 144.0 911-4130
,
PERIOD. DO NOT LIST FIELDS T(
i ver Fa l m 1. 322899
THIN STRUC I RAL'FREE130 „ DIQR 25 YR.124
A!L WASTE STRUCTLIRES!F''O ILIIY+ ' ;'
� E
t �I
.hing line m '1 �-;! 435.3 Ib PAN
line'm ? Ib PAN
line¢;irl - ! lb PAN
line'rl'i,� Ib PAN
linerira iI'; lb PAN
! ' I
lin �m Ib PAN
4 + 5 + B 435.3 Ib PAN
DR AVAILAB CROPS DU O,,DAY DRAW DOWN
si`PAN CAk-mn' T BE A)AY PE
p.4 I
i I..
o. tract # I p. field # q. crop
r. acres
6• rema" IRR rzT rAL PAM u. appticafim '
2 PAN heii e E FOR
(lWacre) ` #r
4 '+�lumn rxs f
1 soybeahsithA111 I
+ ! 5.02
+ J54100191-1 1'f13'1'10 152-0 4/01-9130 0
2 !t! f f 41 #
' ! 12.27
z 33.00 P f Y '152-0 4101-9130 :.l
3 so eans'I) 13.@t
15.00
36.15 �j 11 152.0 4101-9130
4 so eansll�;' 19P
11-96
'41-35 Ilk =.. 152.0:4/01-9130
5 so ans i a 1111
12.20
24.50 fit, 1 152.0 4101-9130
6 so ans '. ' f H
12.32
62.13 W111 ._ 144.2 4101-9/30 I
7 so beans ; ' 31l1
13.23
21.00 Tal 67.6 4101-9130
8 so ans..'
14.16
26.x'=.1€:.._, 120.1 4101-913
9 wheat i' 1,41
14.07
144.00 91U 144-0 911-4130
10 wheat :._ rf f
13.89
144:00 14 P_ .;.1 144-0 9/1-4130
12 wheat
12.00
144.00 .131. , 144.0 911-4130
13 wheat T1 119
13.66
144.00 r'1! '.3 144.0 911-4130
14 wheat ;k j tj�[
14.05
144.00 11[.11 144.0 9/1-4/30
I 15 wheat f t'111 N
1 3.68
144.00 T -1i 144.0 911-4/30 !
I 16 wheat ' III; aJ! f
# 13.65!
144.0
4:I1 144.0 911-4130
State curr'it crop ending appli 1cation
receiving crops during 30 day draw d
Ov.ETotal PAN, avarlaWi 1
t.
k t}+ IIV. FACILRIf'8 P o A d11iERALL P
w. Total PAN to be land
x. Crop's remaining P
y. OveraR PAN balance r
Line y must show as a deficit. If lindly
haul, depopulation, herd reduction, eti
based on new information. If new fieli
fields to the PAN balance table and r'e
another permitted facility, provide Ofbi
receiving faclli
or next crop application beginnini
Esriod. y.
fields (sum of cotcirrnn t)
WCC
d (line n from Isecti6 n ll) = fj
rice (line v`from sedtion Ill,
7
not show as a' deficit, list course
r pump & haul and herd redui�o`
to be included as an option for li
late the overalls PAN balance 'If'
In regarding the herd populatiiin
for available
V2100.2 Ib. PAN
r"' � a
435.3 Ib. PAN
772-15-32 Ib. PAN
i jr1- 71565 Ib. PAN ^
lotion here including pute
Ions, recalculate new P
•ing1agoon level, add t41 waste is by be haulelagoon,Feeboard levels
2896
i iii
shbuld b&'abte to start
6TIR . 1,
Mbe contacted as
ill ; j �+ �
ii a
11
i
I
P.5
i.;j'Sep
0113 OG 01155p B1 I
ver Fa rm
WRATIVE"
'U apply to a
producer wl h
Z
fields when . condmons allcw�.rpurq
back on as Of'& SPA'
area
k
IS d of wee or by,the weakenapplying
as producei is o! Ut of -red-
I
J
rw
D,
I V
.
EN
2896
i iii
shbuld b&'abte to start
6TIR . 1,
Mbe contacted as
ill ; j �+ �
ii a
11
i
I
P.5
0
�0� NNA.7-4SQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
' y North Carolina Department of Environment and Natural Resources
r
j Alan W. Klimek, f .E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cascade Nursery & Finishing Farm
PO Box I
Harrells, NC 28444
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Cascade Nursery & Finishing Farm
Facility Number 82-401
Sampson County
Dear Owner:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
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.
Customer Service: Mailing Address: Telephone: (949) 733-5083
1 800 623-7748 1617 Mail Service Center Fax (919) 733-0059
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity / Affirmative Action Employer
50% recycled ! 10% post -consumer paper
http://h2o. enr, state. nc us
A*A
RUDENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
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.
Si erely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-401
Non -Discharge Compliance and Enforcement Unit
Central Files
I
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Black River Farms, LLC
PO Box l
Harrells NC 28444
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Cascade Nursery & Finishing Farm
#82-401
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
3 2003
l
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 October 30, 1998. 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 leveI(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
Customer Service: Mailing Address. Telephone (919) 733-5083
1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/ Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o.enr.state.nc. us
�b R
Location:
512 N_ Salisbury St.
Raleigh, NC 27699-1617
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
(910) 486-1541.
Sincerely,
KKan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
NCDENR
North Carolina Department of Environment and Naturat Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED INJAIL
RETURN RECEIPT REVUES'FED
Mr. James C. Moore
P. O. Box 1
Harrells, NC 28444
SUI3.I ur: NOTICE OF DEFICIENCY
Cascade Nursery & Finishing Farm
Facility No. 82-401
Sampson County
Dear Mr, Moore:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
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 21-1 .0217, you haN e been found to be in violation of your 2H .0217
Permit.
On December 7, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted
a routine compliance inspection of the above referenced farm in Sampson County. The inspection revealed an
overapplication of nitrogen on pull #9A by 10 pounds per acre and on pull #10A by 1.9 pounds per acre for the
winter crop. This is a violation of the General Permit issued to this facility under Section II.. Operation and
t\'laintenance Requirements, Number 4., 'which states: "Land application rates shall be in accordance with the
CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or
result in runoff during any given application."
"The Division of -Water Quality requests that the following item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically -
Failure to comply with the above conditions may result in the facility losing its General PeniTit 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. Furthermore, the Division of Water Quality has the
authority to leery a civil penalty of not more than 525,000.00 per day per violation.
225 GREEN S'T'REET -SUITE 714 / SYSTEL SUfLDING / FAYET-1-FVILLF. NC 28301-504 3
PHONE (910)486-1541 FAX (910)436-0707 WW%V.ENR.S-I_A_IE,NC US/1-NIZ;
AN1-0tlAt.OPPOR"Ft.?NIT'Y/AFFIRMA"FIVEAC'FION°Eti4PLOl'ER-5D'%,ItFCYCLEF)/1(P%, POSTCONSUMER PAPER
DENR TOLL FRET HOTLINE: I-577.623-6748
Mr. Moore
1-10-02
Page 2
If you have an explanation for this violation that you wish to present, please respond to this office by
January 25, 2041. If you have any questions concerning this matter, please do not hesitate to contact Ene at (910)
486-1541.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avarnt-Compliance Group
Trent Allen-DSWC Fayetteville Oft -ice
Dawn Williamson-MLirpliy-13ro�+,n, I -LC'
Nilson Spencer -Sampson Co. NRCS
Central Files -Raleigh
DEN
January 20, 2002
Mr. Sherman
NCDENR-DWQ
225 Green Street -Suite 714
Fayetteville, NC 28301-5043
Subject: Response to NOD (Cascade Nur&Finishing)
Facility #82-401
Sampson County
Dear Mr. Sherman:
In reference to the NOD sent on Cascade Nur.&Finishing (82-401) I would
like to assure you that all permit requirements will now be followed as specifies in
part III section b(f) of the General Permit.
Thank you for your cooperation in this issue.
Please feel free to contact me if you have any questions regarding this response
letter. You can reach me at (910)532-4729.
Sin erely,
James C. Moore
C ��
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
October 22, 1997
Mr. Kenny Moore
Cascade Finishing Farm
P O Boa I
Harrells, NC 28444
Subject: NOTICE OF DEFICIENCY
Lack of required freeboard
and appropriate cover crop
Cascade Finishing Farm (Fac. # 824 01)
Scronce Road
Sampson County
Dear Mr. Moore:
On 10/6/97, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Cascade Finishing Swine Farm. It was noted that there was only approximately
18" of combined freeboard and storage in the lagoon serving this operation. In addition, it was
also observed that no discernable cover crop was established in the spray fields to treat land
applied waste.
Therefore, the Division of Water Quality strongly recommends that you immediately
establish a winter crop (e.g. wheat) in the spray fields so that you can lower the Iiquid level in
the lagoon via spray application and maintain the minimum 19" of combined freeboard and
storage. It is also requested that you modify the current Waste Utilization Plan to accurately
reflect what crop rotation will be employed in the future.
Please notify this office in writing by no later than November 17, 1997 at the address
located on the bottom of this page as to the actions taken or proposed to be taken to resolve these
deficiencies.
225 Green Street, Suite 734 FAX 910-486-0707
Fayettevilk, North Carolina 28301-5043 An Equal opportunity Aftirmath-e Action Employer
Telephone 910486-1541 50% recyckdt10% post -consumer paper
-, m
Page 2
Mr. Moore
10/21/97
Nothing in this letter should be taken as absolving this facility of the responsibility and
liability of any violations that have resulted or may result from these deficiencies. If you have
any questions concerning this matter, please feel free to contact me at (910) 486-1541.
Sincerely,
Ed Buchan
Environmental Engineer
cc: Sue Homewood - Facility Compliance
Central Files - Raleigh
Audrey Oxendine - DSW Fayetteville
Wilson Spencer - NRCS Sampson County
A.
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
October 22, 1997
� l
' ► tl. �I � 3 Y 1
Mr. Kenny Moore
Cascade Finishing Farm
P O Boz I
Harrells, NC 28444
Subject: NOTICE OF DEFICIENCY
Lack of required freeboard
and appropriate cover crop
Cascade Finishing Farm (Fac . # 82-401)
Scronce Road
Sampson County
Dear Mr. Moore:
On 1015/97, staff from the Fayetteville Regional Office of the Division of Water Quality
inspected the Cascade Finishing Swine Farm. It was noted that there was only approximately
18" of combined freeboard and storage in the lagoon serving this operation. In addition, it was
also observed that no discernable cover crop was established in the spray fields to treat land
applied waste.
Therefore, the Division of Water Quality strongly recommends that you immediately
establish a winter crop (e.g. wheat) in the spray fields so that you can lower the liquid level in
the lagoon via spray application and maintain the minimum 19" of combined freeboard and
storage. It is also requested that you modify the current Waste Utilization Plan to accurately
reflect what crop rotation will be employed in the future.
Please notify this office in writing by no later than November 17, 1997 at the address
located on the bottom of this page as to the actions taken or proposed to be taken to resolve these
deficiencies.
225 Green Street, Sulte 714 FAX 910448640707
Fayetteville, North Carollna 28301-5043 An Equal Opportunity Affirmath-e Action Employer
Telephone 910486-1541 50% recycled/10% post -consumer paper
Page 2
Mr. Moore
10121/97
Nothing in -this letter should be taken as absolving this facility of the responsibility and
liability of any violations that have resulted or may result from these deficiencies. If you have
any questions concerning this matter, please feel free to contact me at (910) 486-1541.
Sincerely,
C�
�n;u
Ed Buchan
Environmental Engineer
cc: Sue Homewood - Facility Compliance
Central Files - Raleigh
Audrey Qaendine - DSW Fayetteville
Wilson Spencer - NRCS Sampson County
r - R
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
e��
IL
E)EHNR
DIVISION OF WATER QUALITY
October 22, 1997
CERTIFIED MAJIL
RETURN RECEIP1 REQUESTED
Mr.Ray Pate
2210 Hunter Road
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Failure to Conform With Conditions and
Limitations of Certified Animal Waste
Management Plan
Sampson County
Dear Mr. Pate:
This letter transmits a Notice of Violation for failure to conform with conditions and
limitations of the Certified Animal Waste Management Plan (CAWMP) as required by North
Carolina General Statute 143-215.10.
An inspection of your farm conducted by staff from the Division of Water Quality (DWQ)
Fayetteville Regional Office on September 24, 1997, revealed that a violation of your CAWMP
had occurred as it clearly states:
"Don't apply nutrients before a storm, greatest nutrient runoff occurs when
significant rain falls within 24 hours after application."
"Don't apply nutrients to soils that are water saturated, frozen or snow covered. These
conditions promote runoff and may contribute to surface water contamination."
In addition, the spray field did not have an adequate crop as required in the CAWMP for
the application of waste at the time of the inspection.
Failure to comply with these limitations and conditions specified in the CAWMP may
result in the revocation of the deemed permitted status, assessment of civil penalties, or other
actions deemed necessary by the DWQ.
P.O. Boz 29535,�AW� FAX 919-733-2496
Raleigh, North Carolina 27626-0535 N�f An Equal FAX
Action Employer
Telephone 919-733-7015 50% recycles/ 10% post -consumer paper
By no later than November 21, 1997 you must notify this office in writing of what actions
have been taken to comply with your General Permit. Please be advised that this letter does not
prevent the Division of Water Quality from taking enforcement actions for past or future
violations.
If you have any questions concerning this matter, please do not hesitate to contact either
Robert F. Heath, Environmental Specialist or myself at 910486-1541.
Sincerely,
jr7rSt yens
Regional Supervisor
cc: Wilson Spencer - Sampson County NRCS
Audrey Oxendine - DSWC, FRO
Enforcement Files - FRO
Sue Homewood - Facility Compliance Group, Raleigh
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
Charlie Carr
Charlie Carr Farm
1630 Rufus Wells Rd
Willard NC 28478
Dear Mr. Carr:
e��
E)F.=HNF;Z
April 3, 1997 REF;�'Er �n
APR 0 7. M
FAYEMEViLLE
REG. ®rFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Charlie Carr Farm
Facility Number 82-401
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 axe 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, M�
for Steve W. Tedder, Chief
Water Quality Section
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, ��y� FAX 919-733-2496
Raleigh, North Carolina 27626-0535 �� An Equal opportunity/Affirrnative Action Employer
Telephone 919-733-7015 50% recycles/10% post -consumer paper