Loading...
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