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250038_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qual Water Resources t:n►irmimentrtl Quality February 13, 2017 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED CM#7015 0640 0005 9080 7327 Carson Jones 6305 River Road Vanceboro, NC 28586 Subject: NOTICE OF VIOLATION Moss Hill Farm #25-38 AWS250038 Craven County NOV-2017-PC-0045 Dear Mr. Jones: ROY COOFER MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director On October 15, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), were notified that your lagoon was inundated by the Neuse River. Based upon subsequent on -site investigations and facility evaluation including groundwater quality data collected adjacent to the lagoon (attached), the Division determined that the lagoon is seeping. As a result of this incident, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you failed to maintain your lagoon in accordance with your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under. Specific violations are as follows: Violation 1: Failure to maintain the collection, treatment, and storage facility in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition I1.1. of Swine Waste System General Permit No. AWG100000. Also, any violation of the COG or the CAWMP shall be considered a violation of this General Permit and subject to enforcement actions in accordance with U. of Swine Waste System General Permit No. AWG1000(30. On October 15, 2016 the facility's lagoon was inundated by the Neuse River. Over a course of 11 days the lagoon dropped 25 inches with no documented irrigation. On December 29, 2016, MRCS used a conductivity meter to determine if there were areas of high conductivity and possible contamination from seepage. The meter determined that there were higher readings on � Nothing Corn ayes =..= State or North Carolina I Environmental Quality 943 Washington Square Mall I Washington, North Caralina21889 252-446-6481 reNneeeu Prlae � prmnay.nmx,+emm..�e y,� o Pia= "- g,,_ � m F CARSON JONES o �,,,, 6305 RIVER ROAD r' VANCEBORO, NC 28586 the south side of the lagoon. Groundwater samples were also collected approximately 6 feet off the toe of the lagoon where the high conductivity measurements were taken (See table). Evaluation of groundwater results indicate direct influence from wastewater. Ana sis Sample l(Toe) Sample 2 6' out) NH3 6.8 3.2 NO2+N43 24 17 Phosphorus 26 28 TKN 34 26 Required Corrective Action for Violation 1: Please evaluate options to address apparent lagoon integrity issues. Any major structural repairs to lagoons/storage ponds must have written documentation from a technical specialist certifying proper design and installation in accordance with Condition 11.25 of Swine Waste System General Permit No. AWG100000. if you decide to replace the lagoon, you must comply with Section 1(c).1-9 of Session Law 2007-523 Senate Bill 1465 (attached). The issuance of a CGC to operate under the General Permit shall not relieve the Permittee of the responsibility for compliance in accordance with Condition V.I. of General Permit No. AWG100000. Also, you must comply with NRCS Standard 359. You are required to take any necessary action to address the above violation. You are required to provide a written response to this Notice, including any additional information that you wish to provide related to this incident that you wish for the Division to consider, within 30 days of receipt of this letter. Your response should include a plan to correct lagoon integrity deficiencies. Please note, structural repairs shall not be implemented until approved by the Division, Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A If you have any questions concerning this Notice, please contact me at (252)948-3939. Sincerely, �eJC v David May Water Quality Regional Operations Supervisor Washington Regional Office Enclosures: GW Results and SB 1465 cc: DWR - WQROS - CAFO Unit — Central Office Craven County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files Murphy Brown Farms Marlene Salyer MHS Files caawry eeA V"%R NA6pR R6PORTTO r iA Rp+ats10113a OF couicromm dj. S j`N_ / Eatrmaled Bob Brno 1•E AC34601 DrvLSION OF WATER RESOURCES _ Surface Wader Fieldsheed DmRcmvedf u.�l iP Pluartrrr AMBIENT ❑ QA ❑ STREAM ❑ EFFLUENT Tu=Romxmd Reeetrad By 71^� ar 01WLLANCE 0 CHAIN OF CUSTODY LA .6 INFLUENT &URGENCY Vtm m E] ESTUARY Data Rdmmd ❑ Dtle Repotted Emma Laeahonr SIB L12d &eS • ./7� • see& Cbl&rtaated: Rama hm a!S MOZLQY�C btwam a9Lockm Cede Dau aay byjaa d b.a Fad T .. T.. raa DWh - DM,» Dolt( vats. zYPe • A. R. L CP.'T,8, E I M-pk TyPa SOD 310 TnWL COD R0340 MIX COD law 335 m81l- CoLfam rVFFme131616 R00011 idtlmm MFToW 31504 Il00ml Caltfarm tuba Facd 31615 /100m1 Coldbrm Focal Strep 31673 ILWW Raudua ToW 500 MWL Vdmie 505 m811. Faced Sl0 ne R.mulua 9uspeodad 530 Valalrle 535 Mxmd 540 mglL 4M urms to PH 4 5 436 Ac�fttopR63435 MVL Alblwly to pH 83415 m91L ALkalmity to pH 45410 TOC6a0VL TwbAq 76 NM Cdtform TOW Tube 1100 ad Royston 011MM3 Cb1anda 940 MiVL CWovapW a EPA 445 0 mn&ficd uSIL Cam True SO a u Color 83 H- a u Color pH 7 6 92 a u. 720 Fortmaldahyda 71M MA Gram and aH 556 MWL Hanbmm ToW 900 jmWL 8pemtic Cand 95 unahk lcro MBAS38M toWL Phemis 37730 Suh," 945 MOL SOlrrde745 Baron Tannin & LsVim Hmuv&leat Chmmwm Bxmbaeata MWL CA&DORM MdL Tow Odsolwed Sold& mdL a4 TKN 62TVL F610 NO3mN630 DWI. TawP 66S70M P DusolwA a& P 666 MWL K-Paumum MO. Cd- Cadamum 10.7 41 041= mum Taal 10 4 WL Cu. Copper 100 Pb-Lead 105I in Z= 1092 u V-Varmdsum UVL SAM 1077 IWL Al-Aknuum 1105 91111. ar-Baylla® 1012 LWL Ca Cdrastm 916 VWL Co - Cobalt IM7 USIL F6lron 1045 Ma SW -TM Tl Thallium N`rtumum vVL RB-1631 'W! Li-ulbtum 1132 UZOL M 927 mWL ]065 W-So4r-929 atrL Mum TW 1002 UWL 9a 9eleaa— 1147 B&q- IIII-Mmury71900 Sa•8anum tsa/L LOMLr7 A aol North Carolina Division of Water Resources Water Sciences Section Laboratory Results Laq Geer.: C.3DNES2 MossNI Sampb 1p. AC34801 County C_n CoM .. m_-n—_ 'neno PG Ni # ReBbn: WMO Repgt2 WARD Incelbn IG: M&RD-MI& D-R-- L299M Rlver— 11E1101 Coaeq GM'. 1-RJ2016 Pdodb, Tme R-1— Emergency Coat Tlme'. 1205 Sample me- 99REORQMTER Lalmodn tngMlG TASCEIp01 COC YeeINo Bemple DBplh Lac. Type: D.I., Mealod gni&9u�le[ PMeI Rapod Gre: 1ne11) Repoli PNnt Mas: 210= Final Report Mlids report is labeled prellminaryreport the results ban not been validated. Donotase lbrRegulatorypurposes. Rawtt/ Units Method Analysis CAS # Anaivte Name POL Qualifier Reference Date vMwitiv x LAB Sample temperature at receipt by lab 2.1 °c 1213a16 MavnPr NUT NI-13 as N in liquid 0.02 3.2 mgh al N EPA 350.1 REV 2 12110/ta CGREEN NO2+NO3 as N In liquid 0.02 17 ^NA a+N EPA 353.2 M2 1—Is CGREEN Phosphoms_total as P In liquid 0,02 28 mA. P EPA M.1 REV 2 1-1 CGREEN Total Igeldahl N as N in liquid 0.2 26 mynas N EM-2 REV 2 1-1 CGIIEEN W88 ch..," Lebotetory» -s Mall ..lu Gnter, Ralgeh, NC 27ap& - (919) Is.11a 'Nq Cele 11'U'doea notIMIwR Me sample le anelylafie, but— Ne..W b not deteted at m above be POt. Page 1 of 1 Gravrn _qrP tvotrm • �wvwoc. AC34600 DWMON OF WATERRESOURCE8 &01.Wt FWA.bw ❑ dam.. ❑ []*a ❑ ❑ t�ve : �.+w e,6 ❑ nor wpm o ❑ �,,,�-� � oa ow..m - vm.m ASa95 Al.'1/ Fares. vu. ty. b/dM tu.trpHwn wtp tM-vr, w,vm w..ryr•-0.LL oy.rs61 w'I.ry,. ..Ems m. . ... .. ... _ Mr.ter-.■ . .... �- rm�r M ��� Ac M North Carolina Division of Water Resources Water Sciences Section Laboratory Results toe. Meer.: e. JONEs 1 raDeg sample ID: AC3460D Cwmy 'L— cIless: Y T YILE —0 PO.--. Ragbm. N Rapolio Wl RD Lesals, lD. MLa ReWmC: 11911m RMr f. NEuat called Dale: 1310!!m6 Pr ty Tme Receded: "y E—N.U N 6empM Metrir sURFACEWATER tebwohe LogMID TA3CEN20t COO Y.N. Sample Depth Loc. rype: MMery McMod xceewla Final Repoli Dale: trzatr Repel PNM MR: DiI2Y2p11 Final Raw Mfhls sport Islabeledpreflminaryraport, the results here not been validated. Donofusa PoFFegul-tewpurPoses. R—W Meaw An.Ns CAS # AnalWte Name P36 Qualhler Units Reference Date MO IJKLU LAB Sample temperature at receipt by lab 2.1 c 12 116 ME", NUT NH3 as N in liquid 0.02 6.8 mglLea N EPA 350.1 REV2 tenons WREEN NO2+NO3 as N in liquid 0.02 26 '..N EPA333.2 REV 2 12n011fi -REM Phosphorus total as P in liquid 0.02 26 mlwmP EPt,N&IREVz IM7 cGREEN T tel tgeldahl N as N in liquid 0.2 K mgM1. N EPA3512 REV 2 1-1 CGREEN Me CMmlebr Laberum 16M Mull tuvAu Gear, Raleigh, NC Vl ae— 1.10) T—Da 'Naf DIN—d'tt'U' dose nm Indimte Me sample la 111W rroe but Mat Me enetyte h not 4-0 a or 1IM the PQL Page 1 If 1 SECTION L(c) Lagoon Replacement. —Notwithstanding G.S. 143-215.10I, as enacted by subsection (a) of this section, the Environmental Management Commission may modify a permit that was initially issued prior to 1 September 2007 for an animal waste management system that serves a swine farm to authorize the replacement of a lagoon that is a component of the animal waste management system if the Commission finds all of the following: (1) The permit holder has operated and maintained the animal waste management system in substantial compliance with the permit and all applicable federal and State laws, regulations, and Hiles. (2) The lagoon constitutes or will constitute an imminent hazard as definedinG.S. 130A-2. 3 Repair of the lagoon will not abate the imminent hazard. 4 Replacement of the lagoon will abate the imminent hazard and allow the permit holder to operate and maintain the re lacement lagoon in coinpIi with all applicable requirements of federal and State laws, regulations, and rules. (5) Design and construction of the replacement lagoon shall meet all technical feasibility, the Commission may consult with the Animal and Poultry Waste Management Center of North Carolina State University and with other persons who have specialized training or experience related to animal waste in systems. (6) The replacement lagoon shall not be located in the 100-year (7) All equipment associated with operation of the replacement lagoon and with land application of waste from the lagoon shall be upgraded to meet all applicable requirements of federal and State laws, regulations, and rules and to comply with the most recent Conservation Practice Standard published by the Natural Resources Conservation Service. (8) The replacement will not result in an increase in the permitted capacity, stated as steady state live weight, of the animal waste management system. (9) The la r en to be replaced shall be closed in accordance with all ap liea le requirements of federal and State laws, regulations, and es and with the most recent Conservation Practice Standard published by the Natural Resources Conservation Service. SECTION L( Rule Making. — The Environmental Management Commission shall adopt L(d) to implement G.S. 143-215.10I, a8 enacted by subsection a) of this section. Until rules to implement G.S. 143-215.101 become effective, the mmission, in implementing G.S. 143-215.10I, shall refer to the re rt entitled "Development of Environmentally Superior Technologies — Phase 3 rt: for Technology Determinations per Agreements Between the Attorney Genera of North Carolina and Smithfield Foods, Premium Standard Farms, and Frontline Farmers" dated 8 March 2006. The Commission shall consult with the Animal and Poultry Waste Mar7ement Center of North Carolina State University regarding the apppplication and mo ioation of technical standards required to implement G.S. 14-215.10I. SECTION 2.(a) Definitions. — The definitions set out in G.S. 143-215.10I(a), as enacted by Section 1 of this act, apply to this section. As used in this section, an "innovative animal waste management system" means an animal waste management system that serves a swine faint that may be permitted under G.S. 143-215.10I(b), as enacted by Section 1 of this act. Page 2 Session Law 2007-523 SL2007-0523 • Complete Items 1, 2, and 3. ■ Print you antl add— on the reverse so that wa am retum the card to you. ■ Attach this care to the back of the mailpiece, or on the fnom If apace permits. ❑ No CARSONIONES 6305 RIVER ROAD VANCEBORO, NC 28586 IIIIIIIIIIIIII'IIIIIIIIIIIII IIIIIIIIIIII IIIIII J. ServiceTDp ❑ftna—M a e ❑ Atlun i,, Ture ❑ ge9naiereu 'p ,� DelNey ❑ R- D. Mell Pwlnobn 9590 9401 0054 51618 1941 58 Ec-enn�ee-I.—Den..ry Article Number (f Nr/mm servka NbeQ ❑reed an onlNw a... oelwwy � lanal�ve Canamvbn•� 115g�uNe Canamellon 7015 0640 0005 9080 8171�^�^� "^°"tetl Oe1h'e" Form 3811, April 2015 PSN ]53D-02- ODD -9053 Domestic Rat— Raceipl' UNITED STATES POSTAL SERViCE First -Class Mail Po Rage & fees Paid t No. L • Sunder; Please print your name, address, and ZIP+40 in hi bQ106 N.C. slept. of Environmental Quality Washington Regional Office Division of Water Resources 943 Washington Square Mall Washington, MC 27889 LISPS TRACiONG # 1111111111111111111111111, 11111 IMIN'l 9590 94d a�54 56s941 58 PATRY DONALD R. VAN DER ER VAAVAART Wafer Resources S. JAY ZIMMERMAN March 29, 2016 CERTIFIED MAD.. RETURN RECEIPT REQUESTED CM#7015 0640 0005 9080 8164 Carson Jones 6305 River Road Vanceboro, NC 28586 Subject: NOTICE OF VIOLATION Moss Hill Farm #25-38 AWS250038 Craven County NOV-2016-PC-0070 Dear Mr. Jones On February 3, 2016, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted a compliance inspection at your facility and documented a permit condition violation. As a result of this incident, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you failed to calibrate the irrigation equipment in accordance with your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under. Violation 1: Failure to complete a calibration of your irrigation equipment in 2015 in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition 11.24. of Swine Waste System General Permit No. AWGI00000. On February 3, 2016 the Division documented that the facility failed to complete a 2015 calibration of the irrigation equipment. Suk ofNohC 10 IRmVoome QuIiry I Wake Rezmvms-Wakr Quality Regial Op—fl--Weshi.o. Regio Of. 943 Wa:p.g sq— Mail. Wuhinp., NC 278H 252A965C81 f� co a CO n a' 0 O Q Lrf ri O U.S. Postal Service'" CERTIFIED MAIL'P RECEIP__MW6 Domestic Mail Owy CARSON JONES 6305 RIVER ROAD VANCESORO, NC 28586 Required Corrective Action for Violation 1: Take all necessary additional steps to insure that a calibration is completed in 2016 and every other year thereafter. You are required to take any necessary action to assure that the above violations do not re- occur in the future. You are required to provide a written response to this Notice, including any additional information that you wish to provide related to this incident that you wish for the Division to consider, within 10 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A If you have any questions concerning this Notice, please contact me at (252)948-3939 Sincerely, David May Water Qualify Regional Operations Supervisor Washington Regional Office ce: DWR-WQROS-CAFO Unit —Central Office Crwen County Soil and Water Conservation District NCDSWC-WaRO WaRO Compliance Animal Files Murphy Brown Farms M.1-e Salyer MHS Files March 13, 2017 David May Water Quality Regional Operations Supervisor 943 Washington Square Mall Washington, NC 27889 Dear Mr. May, This letter serves as a response to your Notice of Violation letter dated February 13, 2017. In your letter you stated that the Division has determined that my lagoon (Moss Hill Farm #25-38) is seeping. I would like to challenge the determination that the lagoon is seeping. My concerns with the determination are listed below. 1. Site visits by NRCS-The site has been visited by the NRCS representatives from the New Bern Field Office and the NRCS Area 3 Supervisory Civil Engineer on at least two occasions however the NRCS Civil Engineer has not determined that the lagoon is seeping. My concern is that if the NRCS Civil Engineer has not made a decision on the structural Integrity of the lagoon, the Division should not be making structural integrity decisions. 2. Conductivity meter test — This test did show elevated conductivity readings on the south side of the lagoon which according to NRCS Geologist Kim Kroeger "has the pattern of a plume with conductivity values in the range of 28 to 31 mSJm." The geologist also stated "If there are minerals or contamination in the ground water, then the reading Is Influenced by minerals present and the concentration in the ground water" however, he also stated that "The depth to the water table influencesthe conductivity value. The ground water increases the conductivity ofthe readingto an extent". As stated In the letter and according to the holes augured in the location ofthe higher readings, the water table at the time ofthe test was approximately 2 feet below the surface. It is my opinion that the ground water itself could have caused the higher readings and the test does not prove contamination from swine waste. 3. Conductivity Map — It is my opinion that the color conductivity map supports my opinion that the higher readings are due to ground water levels. The highest readings on the map (shown In red) are on the southern edge of the cleared area and away from the lagoon dike. It is my opinion that if there was a seep, the higher readings would begin at the dike itself and extend outward, which is not the case. How did the alleged waste get from the dike to the area you Indicated on the color map without leaving behind evidence of its path from the dike? Also, the location ofthe higher readings corresponds with contour and color contour maps showing the higher conductivity readings in the area of lowest ground elevation. 4. Groundwater Samples - Your letter states that the groundwater results indicate direct influence from wastewater and my first concern is with the sampling method used. When the holes were augured to obtain the water samples, the sidewalls were caving in due to the high water table and sandy soils. The holes were also barely large enough to get the sample bottles into. As a result, a rope was tied around the neck of the bottle and then pushed down into the hole with the auger. This caused soil from the surface to fall into the hole and sample container, likely contaminating the water sample with material from the surface. It is known that floodwater inundated the lagoon and this floodwater flowed in a southeasterly direction on/across the area where the samples were taken. it is very likely that wastewater from the inundated lagoon settled on the soil surface in the area where the samples were taken and that this soil falling back into the augured hole caused contamination of the water sample and therefore elevated sample readings. In this very likely scenario there would be elevated waste concentrations In the water however it would be from contamination and does not prove a seep in the lagoon. Also, there were no "control" samples taken in other locations to compare the referenced samples to. I have been told that the samples came back at "elevated" levels. My question is, elevated compared to what? Based on the information presented in the Notice of Violation, the report from the NRCS Geologist and the on -site investigations by Division and NRCS staff, I do not believe the Division has proven the existence of a seep in the lagoon. This letter serves as my appeal of your original decision and request for a re-evaluation of this situation. If you have any questions please call me at 252-244-1052 or 252-229-3151. Sincerely, Carson Jones Owner — Moss HIII Farm #25-38 Vanceboro, NC 28586 March 13, 2017 David May Water quality Regional Operations Supervisor RECEIVEDMCDFNRIDWR 943 Washington Square Mall Washington, NC 27889 MARE 0 2017 Dear Mr. May, atBr Qu 1y p,10 wa in mn Rea v Orm This letter serves as a response to your Notice of Violation letter dated February 13, 2017. In your letter you stated that the Division has determined that my lagoon (Moss Hill Farm #25-38) Is seeping. I would like to challenge the determination that the lagoon is seeping. My concerns with the determination are listed below. 1. Site visits by NRCS -The site has been visited by the NRCS representatives from the New Bern Field Office and the NRCS Area 3 Supervisory Civil Engineer on at least two occasions however the NRCS Civil Engineer has not determined that the lagoon is seeping. My concern is that if the NRCS Civil Engineer has not made a decision on the structural integrity of the lagoon, the Division should not be making structural integrity decisions. 2. Conductivity meter test —This test did show elevated conductivity readings on the south side ofthe lagoon which according to NRCS Geologist Kim Kroeger "has the pattern of a plume with conductivity values in the range of 28 to 31 m5/m." The geologist also stated "If there are minerals or contamination in the ground water, then the reading is influenced by minerals present and the concentration in the ground water' however, he also stated that 'The depth to the water table influences the conductivity value. The ground water increases the conductivity of the reading to an extent'. As stated in the letter and according to the holes augured in the location of the higher readings, the water table at the time of the test was approximately 2 feet below the surface. It is my opinion that the ground water itself could have caused the higher readings and the test does not prove contamination from swine waste. 3. Conductivity Map — It Is my opinion that the color conductivity map supports my opinion that the higher readings are due to ground water levels. The highest readings on the map (shown in red) are on the southern edge of the cleared area and away from the lagoon dike. It is my opinion that if there was a seep, the higher readings would begin at the dike itself and extend outward, which is not the case. How did the alleged waste get from the dike to the area you indicated on the color map without leaving behind evidence of its path from the dike? Also, the location of the higher readings corresponds with contour and color contour maps showing the higher conductivity readings in the area of lowest ground elevation. Groundwater Samples - Your letter states that the groundwater results indicate direct influence from wastewater and my first concern is with the sampling method used. When the holes were augured to obtain the water samples, the sidewalls were caving in due to the high water table and sandy soils. The holes were also barely large enough to get the sample bottles into. As a result, a rope was tied around the neck of the bottle and then pushed down into the hole with the auger. This caused soil from the surface to fall into the hole and sample container, likely contaminating the water sample with material from the surface. It is known that floodwater inundated the lagoon and this floodwater flowed in a southeasterly direction on/across the area where the samples were taken. it is very likely that wastewater from the inundated lagoon settled on the soil surface in the area where the samples were taken and that this soil falling back into the augured hole caused contamination of the water sample and therefore elevated sample readings. In this very likely scenario there would be elevated waste concentrations in the water however it would be from contamination and does not prove a seep in the lagoon. Also, there were no "control" samples taken in other locations to compare the referenced samples to. I have been told that the samples came back at "elevated" levels. My question is, elevated compared to what? Based on the information presented in the Notice of Violation, the report from the NRCS Geologist and the on -site investigations by Division and NRCS staff, I do not believe the Division has proven the existence of a seep in the lagoon. This letter serves as my appeal of your original decision and request for a re-evaluation of this situation. if you have any questions please call me at 252-244-1052 or 252-229-3151. Sincerely, Carson Jones Owner —Moss Hill Farm #25-38 Vanceboro, NC 28586 Carson Jones Moss Hill Farm #25-38 Vanceboro, NC 28586 Plan to correct lagoon integrity deficiencies If costly repairs to this lagoon are required, I will pursue closure of the lagoon/operation rather than making the repairs. Carson Jones — Owner Moss Hill Farm (25-38) uT (116po WAiF9QG Mkhael F. Easley O�OF G—' f >_ VVM- G. Ross Jr., Seoniary O T D¢eMierd of Envvonmairt and Natural Resounx Nan W. Klink Pa, Dtfor Dhftion or Water Quaray October 11, 2002 Mr. Carson Jones 6305 River Road Vancebord, North Carolina 28586 SUBJECT: Notice of De6eiency Animal Feedlot Operation Compliance Inspection Moss Hill Fans Facility No. 2538 Craven County Dear Mr. Jones: On September 5, 2002, 1 conducted an Animal Feedlot Operation Compliance Inspection at the subject facility in Greene County. A copy of the inspection report is attached for your review. In general, this inspection is to determine that (1) the fans has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farts is complying with requirements ofthe State Rules 15 NCAC 211.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator, (4) the required records are bang kept; and that (5) there are no signs of seepage, erosion, and/or mnolf. The following deficiencies were observed during the inspection. The vegetation around the lagoon structures needs to be removed and maintained at a manageable level. This is a requirement of this facility's Operation & Maintenance Plan for visual inspections at the lagoon dike walls. The visual inspections are important to monitwthe integrity of the lagoon dike walls. See inspection report further commends. It is very Important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. Nothing in this lettershould be taken as absohring this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext 321. Sincerely. (�44- Daphne B. Cullom Environmental Spedalist Cc: Craven County SWCD Office DSWC-WaRO Non -Discharge Compliance Group e O oA —Animal Compliance DBC files 943 Wmhmgton Sgwm Mall Wmhngton, NG 278e9 252-946fi981 (Telephone) 252-9469215 (Fm) Type of Visit g Compliance Inspection p Operation Review p Lagoon Evaluation Reason for Visit 9 Routine p Complaint 0 Follow up O Emergency Notification p Other p Denied Access Facility Number �--^ti Date of Visit: F91512002 dime: iZ:3{ pm l p Not Operational p Below Threshold Permitted ■ Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: ........... Farm Name: Moss Hill Farm County: men_.........WArxO....... owner Name: Carson Jones Phone No: 252`244.3402 Mailing Address: 53fi5JU er l;; d__-_--- ........ _ .-_..... 285.8fi......_..... Facility Contact: -_--.Title: Phone No: Onsite Representative: emgln� _ _ , Integrator: Mttzrglay Eamil7t EarAes... _-._ _ r". Certified Operator:Wmarp.G.__.._...._.._....Ianes._ w _. _ .. Operator Certification Number:1b33Q..� _._ .�..._..... l• . Location of Farm: Farm is located off NCSK 1400 In Craven County. Farm entrance is located on the southern side of.NUSH 14UO.. approximately 2 miles west of the intersection between NCSR 1400 and NCSR 1443. Access road is adjacent to Mr. ,Tones' T M Swine [3 Poultry 13 Cattle [3 MorseLatitude �• ©' ®K Longitude �■ ®r �« 33esxgnYnrren# -Design Current Design Cora ent one = Gapacrty_"apulation . Pou7tr3' Capacity Pnphiafionat#Ie Cajr .Population ® Wean to Feeder 26-40 ❑ Feeder t0 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gifts a Boars ->Ntimber af�aons - u su ace rams regent ❑ aguon Area ❑ pray �e rea _HoldingPonclslSolidTraps System p o �qui as a Management Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes M No Discharge originated at: 13 Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 13 Yes ❑ No c- if discharge is observed., what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 13 Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? 13 Spillway []Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier. Freeboard (inches): Itaciftly_ Number: 25_38 Date of Inspection 5. Are there my immediate threats to the integrity of my ofthe structures observed? (le/ trees, severe erosion, 13 Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste mmagement or closure plan? (if any of questions 4-6 — answered yes, and the situation poses an G Yes Y No immediate public health or environmental threat, notify DWQ 7. Do any ofthe structures need mainteoance/improvement? ® Yes p No 8. Does my part ofthe waste management system other than waste structures require maintenancMir provement? p Yes ®No 9. Do my atucha- lack adequate, gauged markets with required maximum and minimum liquid level elevation mmkmgs? 13Yes ON. Waste Application 10. Are there my buffers that need mamtenance/mpruvement? 13Yes ON. 11. Is them evidence of over application? p Excessive Ponding p PAN p Hydraulic Overload 13 Yes ®No 11 Cropiype Coastal Bemuda 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? p Yes ®No 14. a) Does the facility lack adequate acreage f land application? p Yes p No b) Does the facility need awettable acre determination? ❑ Yes 13 No c) Ibis facility is parried for a wettable acre determination? 13 Yes p No 15. Does the receiving mop need improvement? 13Yes ®No 16. Is there a lack of adequme waste application equipment? p Yes ON. Required Records & Documents 17. Fail to have Certificate, of Coverage & General Permit or other Permit readily available? p Yes ®No 18. Does the facility fail to have a0 components ofthe Certified Animal Waste Management Plan readily available? (id WUP, checklists, design, maps, etc.) p Yes ON. 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) p Yes ON. 20. Is Es ilby not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No 21. Did the facility fail to have a actively certified operator in charge? p Yes ON. 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) O Yes ON. 23. Did Reviewm/Inspectorfail to discuss mview/inspection with on -site repreunmdw? E3 Yes ON. 24. Does facility require a follow-up visit by same agency? p Yes ®No 25. Were my additional problems noted which cause noncompliance ofthe Certified AWMP? pYes ®No tions { eadditienal pagsa5 41 analysis 1/02; no lime required. igation records complete with nitrogen balance. eeboard levels recorded weekly. qge weeds on outside and inside of dike wall need to be removed and start working on establishing good grass ver over all the lagoon Good cover on portions of lagoon. Reviewer/Inspector Name Dapbn RCullom- entered by. Ann Tyndall Reviewer/Inspector Sigmitur Date I L 4 -O-Z State of North Carolina Department of Environment and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED ©�ill� NCDENR Norz'r'i C4ROLIN4 OFpaaTMEN'r O ENVIRON MEras' nr+o Narucw_ REsourzces DIVISION OF WATER QUALITY February 3, 1999 Mr. Carson Jones Moss Hill Farm 6305 River Rd. Vanceboro, North Carolina 28586 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Moss Hill Farm Facility No. 25-38 Craven County Dear Mr. Jones: On September 30, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at the Moss Hill Farm in Craven County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. ➢ Overapplication of animal waste in excess of the Plant Available Nitrogen Rate set our in your CAWMP for the receiving crop(s) was noted in the irrigation records (IRR-1 & IRR-2). 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252/946PA81 FAX 252/975-3716 An Equal Opportunity Affirmative Action Employer Page Two Moss Hill Farm Facility No. 25-38 February 3, 1999 ➢ Failed to have the required waste analysis. The wastewater must be sampled within sixty (60) days of application. It is suggested to collect a sample for analysis every 120 days to meet the requirement. ➢ The CAWMP should include a copy of the operation & maintenance plan, site evaluation, hazard classification, and the irrigation design & parameters, if available. It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, please contact your Technical Specialist. 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. Thank you for your cooperation and assistance during the inspection_ Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, . Ua a%-- ihne B. Cullom Environmental Specialist cc: Pr. Garth Boyd, Murphy Family Farms Greene County SWCD Office Greene County %CCES Office DSWC-WaRQ Compiiancetroup WaRO Dtvtsv 11of _ ildat, ase ho r Opent oaRev� =ry `p'Dry stow of 5 I a d_W terC_'oasery lm Comphaace7a p ho - � ^ LD _gym La ce InspecLoa� _- _., OthecAgennyx Ope n adteRU -r - 19 ouune p omp amt�—p-7 o o�w-up oo^t��nspection pFollow-up o review p Other Facility Number �® Date of Inspecti Time of Inspection 24 hr. (hh:mm) p Registered 0 Certified p Applied for Permit p Permitted p of perabana Date Last Operated: Farm Name: Moan 11.Farm____.__.____—_._______._ County: Craven WARD Owner Name: Jones Phone No: Facility Contact:.._._._.__........_-..__......_.....__.___.._._Title:_..._.__.___..._.______.._..._.__. Phone No:.______�,,.,,_.__ Mailing Address: 16311SRiver.Rd............ ....... ......_...._.___....... ..... ......... ._........ Yaaccb-a..XC.._.... _._............. _..._._._.__. 28585....._.�. Onsite Representative: CarsonJmtCx.................. _..........._.... _.._...... __....... ................. fi tegrator:Murphy..Family.Earmc_.............._.................. Certified Operator: Warren.C_...._................_... Jones .__........... __...._....................... Operator Certification Number:1h330........ ... __...._._ Location of Farm: armri ca a m. xea. onn[y_. .arm.eatrmcc. orate .na. sou m e. ...... __... _ prozimately.2aties west.ofthe.intersectiaubeheeeaSiCSR14dU.audNLSR1443...Access.[oadicadj•re•r ro�Jnnes'._ � Latitude ©•©1 Longitude ©•©�®� "'go a.urreor vesrgn a;urrenr uesrgn s.urrent Swine Capacity. Population Poultry Capacity Population Cattle Capacity Population ® Wem to Feeder ❑ Feeder to Firmh ❑ arrow to ean p arrow to Feeder ❑ Farrow to Fmuh ❑ t is ❑ Boars Number of Lagoons / Holding Foods' lo er Total Design Capacity Total SSLW 1. Are there any buff that need maintenance/improvement? ❑ Yes ON. 2. Is my discharge observed from any part of the operation? ❑ Yes ENO Discharge originated at: p Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWty ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gel/nim? d. Does discharge bypass a lagoon system? (If yes, notify DWty ❑ Yes ❑ No 3. Is there evidence of past discharge from my part ofthe operation? ❑ Yes ®No 4. Were there my adverse impacts to the waters ofthe State other than from a discharge? p Yes ®No 5. Does my part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ENO maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ENO 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ENO 7125/97 aci ity Number; 25-38 Date of inspection 8. Are there lagoons or storage ponds on site which need to be properly closed? p Yes ® No Structures (1,agoons,Hold g Ponds, Flush Fits. etch 9. Is storage capacity (freeboard plus storm storage) less than adequate? 13 Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (ft): 3.3 10. Is seepage observed from any of the structures? p Yes N No 11. Is erosion, or any other threats to the integrity of any of the structures observed? p Yes ® No 12. Do any of the structures need maintenance/improvement? p Yes R No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? p Yes ® No Waste Application 14. Is there physical evidence of over application? U Yes p No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type .. .... CoastalAermmu&Grass.... .............. -................................................_.........------........ 15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes ® No 17. Does the facility have a lack of adequate acreage for land application? p Yes ®No 18. Does the receiving crop need improvement? E3 Yes ® No 19. Is there a lack of available waste application equipment? p Yes ®No 20. Does facility require a follow-up visit by same agency? p Yes Z No 21. Did ReviewerAnspector fail to discuss review/inspection with on -site representative? p Yes ®No 22. Does record keeping need improvement? 13 Yes i No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? p Yes N No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes ®No 25. Were any additional problems noted which cause noncompliance of the Permit? p Yes p No Q .. eo-veia ono�3n�>d.ae�r abourrten�itse•v-�w�er.e..n.ot:e.ur.ig is vi.si.t . n.u.w.Y..rece. iv.e.n.o. further - ' .�$p:: -.._.#. . Reviewer/Inspector Name ReviewerAnspector Signature: y 6 - V e an Date: - - }n,bdYeus,,m�nfcnu.� I, NORWOOD MARTIN KAYO, REGISTERED LAND SURVEYOR Na L-1546, CERTIFY TO NE OR MORE OF THE FOLLOVING AS INDICATED THUS, � ____�,A. THAT THIS PLAT IS OF A SURVEY THAT CREATED A SUBDIVISMN OF LAND WITHIN THE AREA OF THE COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH PORTION OF A COUN`fY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELLS OF LAND. THAT THIS PLAT 1113F A SURVEY OF AN EXISTING PARCEL OR fj PARCELS OF LAND.. _ 1CwIL THAT THIS PLAT IS 13F A SURVEY OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT - ORDERED SURVEY OF OTHER EXECPTION TO THE DEFINITION ❑F SUBDIVLS'ION. ' . THAT THE INFORMATION AVAILABLE TO -THIS SURVEYOR IS SUCH THAT I AM.'UNABLE TO MAKE A DETERMINATION TO THE BEST OF PROFESSIONAL ABILITY AS TO PROVISIONS CONTAINED IN (A) THUOUGH (D) ABOVE, NURWOOD NART3N MAY REGISTERCD LAND SURVEYOR REGISTRATIONI NUMBER L-1346 G 35 50'40'04 1 N 83' t 9' 22 w 155.95' NUR�e� 0 � '�•� r Y CR �i LAGOON O w O S-3'28'43 • z � E 180.18' 4, _ Ss $ 6 N 7 . Ar 10 S 89'39'47"E 1 0. 5 87.18'37`E H A� 50.74' ' 00, 80,56 s $s.6 JS4 49,J4 j �'' t�'�� r ``-� 1t6 e,�. AREA NO. 2 rr 2µ239 ACMES . J, EXCLUDING 26' 80B�UK AR 0. 1 / s_ 2.412 ACRES o BY COORDINATES EXCLUDING 25' SETBACK 1R , /A I, HCIRWO.,D MARTIN NATO, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY DIRECTMN AND SUPERVISION FROM AN ACTUAL SURVEY (A DEED DESCRIPTMN RECORDED IN BOOK PAGE >) THAT THE ERRCKR OF CLOSURE AS CALCULATED 8Y LATITUDES AND DEPARTURES IS 1t 20,000 t THAT THE BOUNDARIES NOT SURVETH ARE SHOVN AS BROKER LINES PLATTED FROM INFOR- MATON FOUND IN BOOK PAGE hV41) THAT THIS PLAT WAS PREPARED IN ACCORDANCE G.S. 47-30, AS AMENED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS F4 DAY .JULY ,A.D. 1"7. f SURVEYOR REGISTRATION NUMBER L-1546 5 86 51 54 W 1 f 7,89' NCIRIH CAROLINA, BEAUFORT COUNTY I, A NOTARY PUBLIC OF THE CCIUNTY AND STATE AFORESAID, CERTIFY, THAT NORWLIiD MARTIN MAYO, A REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFOK MF THIS DAY AND ACKNOVLEDGF_'D THE EXECUTION OF THE FOREGOING INSTRUMENT, WITNESS MY HAND AND OFFICIAL STAMP OR SEAL, THIS 24 DAY CIF AAY .1997. NUTARY PUBLIC MY COMMISSION EXPIRES 12-22-97 NORTH CAROLINA, T11E FORI.GOING CERTIFICATE OF ANNETTE M. MAYU, A NOTARY PUBLIC OF BEAUFORT COUNTY, NORTH CAROLINA, IS CERTIFIED TO BE CORRECT, FILED FOR REGISTRATION ON THE DAY OF 1996, AT (AKMA) AND DULY RFCGRDED IN PLAT CABINET , SLIDE(S) REGISTER OF DEEDS ti Z�; 1 f ( �S `/INKY MAP (N.T.s.) r Rear , P.,Y',f - DISCHARGE 0 INTAKE WELL EDGE OF WOODS -.....-.�..�.- 25' SETBACK .y 100 a 100 200 31 GRAPHIC SCALE — FEET SHEET TITLE, SURVEY FUR= Carson Jones "Moss Hill Site" (919) 946-3e69 (919) 633-6?32 War-tartgton, NC l O D l.,7SOCIAM rtrs Bern, NC. LAND SURVE`I'lNNG j ROUTE 1, Rt?X 366 VANCEBURO, NC F8586 1)i3 1+ 7._I5-9? SCALE, 1'= 100' PROD No. ST E; N C, CDLIPd i 'T+ CRAVEN I TWP+ NLi, .�...