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250039_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Qua ENFORCEMENT ENFORCEMENT ENFORCEMENT b1'rlter Re.soorrrs E. rJ v'0()NM L.N i ALA 0U AL I I Y April 18, 2016 Robert Tyndall Alum Springs LLC 555 St. Fields Road New Bern, NC 28562 Subject: Notice of Deficiency - Freeboard Level Alum Springs LLC #25-39 AWS250039 Craven County NOD-2016-PC-0074 Dear Mr. Tyndall: PAT MCCRORY DONALD R. VAN DER VAART :�' S, JAY ZIMMERMAN We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your call regarding the freeboard levels at your facility. On February 5, 2016, staff of the NC Division of Water Resources (DWR), received a call reporting a high freeboard level of 18 inches in your lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 5, 2016, a lagoon/storage pond level was documented at 18 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Thank you for submitting a 30-day Plan of Action on February 5, 2016. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. Slate of Norlh Carolina { Environmental Quality I Waw Resources —Waw Quality Regional Operations —Washington Regional office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 April 18, 2016 Alum Springs LLC Cont. Page Two Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.5A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, J David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Craven County Soil and Water Conservation Disrict NCDSWC - WaRO WaRO Compliance Animal Files MHS Files M."ater Resources mv!RpNMEN1 AL Qu ,LliY April 18, 2016 Robert Tyndall Alum Springs LLC 555 St. Fields Road New Bern, NC 28562 Subject: Notice of Deficiency - Freeboard Level Alum Springs LLC #25-39 AWS250039 Craven County NOD-2016-PC-0074 Dear Mr. Tyndall: PAT MCCRORY DONALD R, VAN DER VAART S. JAY ZIMMERMAN We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your call regarding the freeboard levels at your facility. On February 5, 2016, staff of the NC Division of Water Resources (DWR), received a call reporting a high freeboard level of 18 inches in your lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with -the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 5, 2016, a lagoon/storage pond level was documented at 18 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Thank you for submitting a 30-day Plan of Action on February 5, 2016. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. Stale of North Carolina { Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 April 18, 2016 Alum Springs LLC Cont. Page Two Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, n David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Craven County Soil and Water Conservation Disrict NCDSWC - WaRO WaRO Compliance Animal Files MHS Files A? 0 0 I-M tn NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor CERTIFIED MAIL RETURN RECEIPT RE UESTED CM# 7003 3110 0002 0574 1190 September 28, 2004 Mr. Robert Tyndall Alum Springs L.L.C. 535 Streetfield Rd New Bern, North Carolina 28562 RE: Notice of Violation Animal Operation Compliance Inspection Alum Springs L.L.C. Facility No. # 25-39 Craven County Dear Mr. Tyndall: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director This letter is to notify you that facility # 25-39 is in violation of its General State permit for over application of Plant Available Nitrogen on the 03-04 small grain overseed crop. Ms. Hardison from the Washington Regional Office of the Division of Water Quality conducted an onsite inspection on September 22, 2004 at your facility 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); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Sill 1217, General NPDES permit and the Certified Animal Waste Management Plan; (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 violation was noted during the Compliance inspection; Over application of plant available nitrogen (PAN) on 2003-2004 small grain overseed crop, Tract 5327 pull D4 exceeded PAN by 3.75 lbs (7.5 %), Tract 5327 pull D5 exceeded PAN by 13.04 lbs (26.1 %) and Tract 5327 pull D6 exceeded PAN by 11.61 lbs (23.2%). Please be advised that in accordance with condition U, item 4 of your General NPDES Permit, Iand application rates shall be in accordance with the CAWMP. In no case shall land a lication rates exceed the Plant vailable Nitrogen P rate for the receiving crop or result in runoff during an the a lication. Please provide this office with an explanation of the violations along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (10) working days from receipt of this Notice. Your explanation will be reviewed and be advised that if these'violations continue, the Division may find that an enforcement action is deemed appropriate. 943 Washington Square Mail, Washington, North Carolina 27889 Phone: 252-946-6481 I FAX 252-946-37151 Intemet: h2o.onr.state. nc.us oneNdfffiCsY'Olina An Equa! ❑pportunitylAttirmative Action Employer — 50% Recycled/10% Post Consumer Paper Aawrallff Page Two September 28, 20D4 Ahem Springs, LLC Fac. 25-39 it is very important as the owner and/or the Operator in Charge that the aforementioned violation and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your assistance and cooperation during the inspection. if you have any questions conning this matter, please contact me at 252-946-6481, e7#.357 or Lyn Hardison at ext. 318. Sincerely, David May Acting Supervisor Aquifer Protection Section Division of Water Quality Cc: Craven County Soil and Water Conservation District Kraig W Murphy-Bwmn LLC, PO Box 856 Warsaw NC 28398 NCDSWC-WaRO (wlout attaIments) Keith Lanck APS Non-Coinpls Group (wloud attachn=ts) DWQ — Aquifer Protection Section Central Files WaRO Compliance Animal Files LBH Files DMILBH of Visit 0 Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit *Routine O Complaint O Follow up 0 Emergency Notification O Other ❑ Denied Access Facility Number 25 39 Date of Visit: 9-22-ZLi04 Time: lU3{I O Not O erational O Below Threshold ® Permitted l7 Certified ® Conditionally Certified 17 Registered Date Last Operated or Above Threshold: ............ Farm Name: Aivail..S00Z.LLC............... .................................................................... County: CrAIM .............................................. WARQ....... OwnerName: labut.................................... :I'YAdtill....................................................... Phone No: S -fi -11.......................................................... Mailing Address: . StX�e#. k it�l d . io d.............. ............... ..... ....... I........................ Ng.w.jocria-Ac ...................................................... I$= ............. Facility Contact: Title: Phone No: Onsite Representative: D?Cbra.ly.adal1........................................................................ Integrator: Xurpby..Faxr jjy..Fax u&..---................ Certified Operator:RQftx. ............................... Tyndall........... ...... Operator Certification Number:1117J.... Location of Farm. Form is located off NC Highway 55 in Craven County. Farm entrance is located on the north side of NC Highway 55 approximately 1.5 mile east of Lanes Chapel. N Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 19 i 57 [[ Longitude 77 • 236 F 37 « Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy N Farrow to Wean 2400 [3 Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity 2,440 ❑ Gilts Total SSLW 1,039,200 ❑ Boars Number of Lagoons 1 Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes N No Discharge originated at: ❑ 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) ❑ 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 D WQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes N No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes N No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 5 Identifier: ............................................................................................................................................. Freeboard (inches); 2511 _ 12112103 Continued i - Facility Number: 25-39 Date of Inspection 9-22-2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes ® No closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ®No elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? If yes, check the appropriate box below. ® Yes ® No ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type Coastal Bermuda (Hay) . Small Grain Overseed 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ®No 14, a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ®No 16, Is there a lack of adequate waste application equipment? ❑ Yes ® No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ®N❑ roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ® No Air Quality representative immediately. Commients;[refer:'tn question #): 'Explain any YES answers and/or any, recommendations or any other comments. ' Use drawings of facility to better eaplain'situadons. (use additional pages'as necessary): 0 Field Copy ❑ Final Notes ILecords review @ Spring field Turf Office Irrigation calibration - 3-21-04: Measures # 1 169.2 gpm & # 2 169.3 gpm (both @ 90 PSI) Sludge survey completed on Feb. 2004 Crop yields are available Soil analysis - 12-9-03 & 1-30-03 (for 2002) Waste analysis - 8-31-04 M 1.1 lbs 7-2-04 = 1.51bs. .F1�3 5-3-04 = 2.0 lbs 3-2-04 = 1.4 lbs ti 01- 1-2-04 = 1.3 lbs tvv� � 10-29-03 = 4.2 lbs C 8-29-03 = 0.99lbs Reviewer/Inspector Name Lyn B. H9,Mison Reviewer/Inspector Signature: Date: 12172103 Continued Facility Number; 25_ Date of Inspection 9-22-2004 Required Records &moments 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ® No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) ❑ Yes ® No 23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes N No ❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application)' ❑ Yes ® No 27. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes N No 28. Does facility require a follow-up visit by same agency? ❑ Yes N No 29: Were any additional problems noted which cause noncompliance of the Certified AWMP? _ _. ❑ Yes ® No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) ❑ Yes N No 31. if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34, Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Farm ❑ Crop Yield Form []Rainfall ❑ Inspection After V Rain ❑ 120 Minute Inspections ❑ Annual Certification Form 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Additional Comments and/or Drawings: ` = Irrigation records are complete and balanced out. 1 - Over application noted on 2003-2004 small grain crop overseed Tract 5327 D4 exceeded PAN by 3.75 lbs (7.5 %) Tract 5327 D5 exceeded PAN by 13.04 Ibs (26.1%) Tract 5327 D6 exceeded PAN by 11.61 Ibs (23,20/6) NOV will be sent due to > 20 % over application of PAN on Small grain overseed. Freeboard levels are recorded weekly. Dave Elkin, engineer wl Murphy -Brown, examined the lagoon structure where the support post were removed. Need to get his response in writing for your records. Rainfall is recorded. Spray fields are in good shape Vegetation on the dike wall is well established. Control structure in drainage ditch between lagoon and coastal field has been installed. The office at the farm burnt down due to the water heater. Therefore the records are being kept at the Spring field Turf office until the office is rebuilt. I2112103 Date of Visit: `� 2 Z-D� [ Tune: 'j (� Facility Number � 5 -- ' . . ,. O Not Operational Q Below Threshold © Permitted © Certified E3 Conditionally Certified 0 Registered Date -Last Operated or Above Threshold- Farm Name: _ _A{ S.fY1m —:;a- _- ra'. ? U-C ___. _ _ County: _ .... .... Owner Name: _._ _ . _ . _ _ �. • Phone No: Mailing Address: _ � - ? _ s� ___ �� � - ---- Facility Contact: .._._ .._ ._ ... -----Title: Onsite RepresentativeQ;P:.6_-V___ Certified Operator.,,,,_._,,,,,,,,,,,,,,,,_ Location of Farm: Phone No: --- Integrator. . -Muj Operator Certification Number:------.----. :. ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' 44 Longitude a 4 Ou CM t rrm Current., Swine pfl'' ti:Panitry_ 'ci Po elation. Cattle -pv tdva Wean to Feeder : ❑ Layer Dairy Feeder to Finish % ❑ Non-Layer11ONon-DairyL_Farrow to Wean_ Farrow to Feeder - Finish " - �:Total`Desegn':Capacty Farrow to F" Gilts _ ......... . =z� :- _ . . Boars - - ' >,Tvta�'SSLW. ` t.7niriii�o �n>�i'I.Cnterl:'ti �i►e ^-:.�>: -. �-- _- :=��.,':>�;�i' Dischm & Iitioacts 1. Is any discharge observed from any part of the operation? ❑ Yes ao Discharge originated at: ❑ 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) ❑ 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) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes G�No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes EdNo Waste Collection & Treatment 4. Is storage capacity {freeboard plus storm storage} less than adequate? ❑ Spillway ❑ Yes M No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier, Freeboard (inches): I2/I2103 Com*wed Facility Number: f-rj — Q Date of Inspection _ ZZ 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes dNo seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes dNo closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes [� No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes o 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level [IYes TNo elevation markings? Waste Application 10. Are there any buffers that need maintenance/unprovement? ❑ Yes 1� No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type e"E 13. Do the receiving crops5Giffer WItHol designated in the &tffled%iimal Waste Management Plan (CAWMP)? ❑ Yes QINo 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes Tf o 16. Is there a lack of adequate waste application equipment? Yes NNo Odor issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? IS. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes &jNo 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes PINo roads, building structure, and/or public property) 24. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes No Air Quality representative immediately. '.Lrii L7 {!w quesum I T, MY.re" :araw'D .;+tIII,jT: ;I3ae.#a: _a*am s a s use a t pages. us u s y _ FFinal Notes Copy ❑Fi- _ _.. .. J� f o � � '� � C� � r G lr�s o � •,d l- 3D-63 f7-2-o4- �.5 lbs i-2_a _ 3 lbs Reviewerlinspector Name.x - - x'°� ry ri:.w. -. ReviewerAWspector Signature: Date: -� 12112ro3 Continued Facility Number: Date of Inspection Required Records & Docunxents f 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes 9<5) 23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes �No ❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes Oj No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes 0 No 25. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application) ❑ Yes o 27. Did Reviewer/Impector fail to discuss reviewliaspection with on -site representative? ❑ Yes 53'�o 28. Does facility require a follow-up visit by same agency? ❑ Yes O'fio 29. Were any additional problems noted which cause noncompliance of the Certifier) AWMP? ❑ Yes ❑ No NI MES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (if no, slip questions 31-35) ❑ Yes 5KNo 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? h t w ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? "` f ° ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? �c'` ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDFS required forms need improvement? If yes, check the appropriate box below. "J&, ❑ Yes ❑ No ❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain ❑ 120 Minute inspections ❑ Annual Certification Form 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. -D4V t a S 4CU-d Q F% rJ _ oa4w t l o .S 3 fir•] ' cw . 74 1211 I'13 L-3N- Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED May 11, 2001 Mr. Paul G. B lean First Choice Swine Corp. P. O. Box 32 New Bern, North Carolina 28563 RE: Notice of Violation Animal Operation Compliance Inspection First Choice Swine Corp. Facility No. 9 25-39 Craven County Dear Mr. Bleau: This letter is to notify you that the violations noted during the year 2000 compliance inspection are violations of your General Permit and North Carolina General Statute 143-215. 1 (a)(1). The violations are excessive ponding of wastewater on a spray field and a small amount of wastewater entered into a drainage ditch from a leaking check valve. However the wastewater was contained and did not flow off site. On February 11, 2000, Lyn Hardison from the WashingtonRegionai Office of the Division of Water Quality conducted an Animal Operation Compliance Inspection at your facility in Craven County due to a complaint the Division had received. 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); (2) the farm is complying with requirements of the State Rules 15 NCAC 211.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (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 violation was noted during the inspection. A check valve on Hydrant B 1 was leaking and a small amount of wastewater flowed into a drainage ditch. The wastewater was contained behind debris and the flashboard riser. The wastewater was pumped back into the lagoon. 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) Page Two First Choice Swine Corp. # 25-39 n In a low area of Field BI, wastewater had ponded after an irrigation event, however the wastewater did not flow off the field. It was advised to aerate the soils and re -grade this field to improve the condition of the soils and the crop utilization. Please note it is your responsibility to manage your facility in a manner to alleviate any potential of environmental harm. It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Please provide this office with an explanation of the violation along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (10) working days from receipt of this Notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 214 or Lyn Hardison at ext. 31 S. Sincerely, Jim Mulligan Water Quality Regional Supervisor Cc: Craven County Soil and Water Conservation District Craven County Health Department NCDSWC-WaRO Non -Compliance Group WQ_Central Files ❑'►TaRO.Animal Compliance Files jzI Files N I! O Routine 0 Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review_ O Other j Date of Inspection Zl11R000•• Facility Number 2S 3g _�r 0 �_ Time of Inspection 10:20 124 hr. (hh:mm) M Permitted 0 Certified M Conditionally Certified 0 Registered r15 Not U erational I Date Last Operated: Farm Name: ................. ........ _.. County: Craven ....._............................. WAR.D....... Owner Name: P.aL.GA..&.Rcbx ►.— ............ Phone No: ].163� 4f1. aad i�S�].5� 5i......_..._. Facility Contact: ...».........M».».»................».............».......». Title: ....... »........ »... ...... ...... ..................... ....... Phone No: 7�2:�1� :J�,�i.(. Mailing Address: EA Iio132 ..................... _..... ......------........ 2M3............ Onsite Representative: Integrator: pmx ta]A fly.. Certified Operator: Paul.S,k_.-.. .. BaR,�]u... .......................... ... ..... ..-- Operator Certification Number: ,If3Z0...... .....„ ... Location of Farm: Latitude 35 ' 19 i S7 Longitude 77 • 23 37 u Design Current Swine Canacity Ponalation ❑ Wean to Feeder ❑ Feeder to Finish M Farrow to Wean 2400 2405 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑Other - Total Design Capacity 2,400 Total SSLW 1,039,200 Number of Lagoons 1 ❑ Subsurface Drains Present ❑ Lagoon Area JE1 Spray Field Area Holding Ponds 1 Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts I. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon; system? (If fires, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3_ Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Stricture 2 Structure 3 Structure 4 Structure 5 Identifier: ..... ...... .......... ... ........ _......_...... Freeboard (inches): ..............J&5.............. 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, seepage, etc.) 3l23199 ❑ Yes ® No ❑ Yes M No ❑ Yes M No ❑ Yes ® No M Yes ❑ No ❑ Yes ❑ No ® Yes ❑ No Structure 6 ❑ Yes M No Condnued on back .. - Printed on =312000 Facility Number 25-39 Date of Inspection ZI11R80U Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, . ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fans) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional Comments and/or Drawings - Have used almost one-half of allowed PAN. Guidance on high lagoon levels was left onsite; if levels continue to rise, submit a Plan of Action to The check valve at hydrant B1 is leaking and a small amount flowed into drainage ditch. The 3ste is contained behind debris. Need to pump this water from the ditch into lagoon. Use ishboard risers to completely contain until removed from the ditch. ie buffer between field 131 and drainage ditch should cut in to allow ponded wastewater to absorb to ground as well as eliminate any more flowing into ditch. This spring you may want to regrade is area. ie ponding of wastewater in field BI is contained in a low area; did not flow off field. This field lould not be used during times of wet conditions. uggest to keep rainfall data and crop yields. ats are doing well in fields D, A, E, but not as well in B & C. you have any questions, contact me at 252-946-6481, extension 318. I First Choice Swine, Corp. P. O. Box 32 New Bern, NC 28563 -0032 (H) 252-633-5940, (F) 252-522-5952, (C) 252-514-7986 Lexus 300 1999@yahoo.com May 18, 2001 To: Lyn Hardison Washington Regional Office of Water Quality 943 Washington Square Mall Washington, NC 27887 In reference to your letter dated May 21, 2001 of an alleged violation on 2-1-2000 I am responding to your 10 day required answer to: 1. A check valve on hydrant B1 was leaking and a small amount of wastewater flowed into a ditch. Response: The value was replaced the next day on 2-12- 2000 and was corrected. 2. A low area field B1 wastewater ponded after an irrigation event. The wastewater did not flow off the field. Response: The field was aerated and the low area was raised, regraded and seeded as requested. This was done before April 1, 2000. The buffer area was cut in to absorb the wastewater. Irrigation was not resumed until the middle of May 2000. If you have any questions please call me at 252-522-5952. Gary Bleau State of North Carolina Department of Environment 1] and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January 6, 1998 Gary Bleau & John Nichols First Choice Swine Corp. 11440 Hwy 55 W Dover, NC 28526 Subject: Notice of Recommendation of Enforcement First Choice Swine Corporation Facility Number 25-39 Craven County Dear Sirs: ja RRL This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1(a)(1) for discharging animal waste in waters of the State without a permit. First Choice Swine Corporation is located on NC Highway 55 approximately one mile east of its intersection with SR 1475 in Craven County. An inspection of the farm was conducted by Carl Dunn and Daphne Cullom of the Washington Regional Office on January 3, 1998. Animal wastewater was observed discharging into an unnamed tributary to the Neuse River which is classified as C Sw NSW waters of the State. The discharge is the result of the application of animal waste to a waste application field in excess of the available moisture holding capacity of the soil. The excess animal waste traveled via overland flow from the waste application field to the unnamed tributary of the Neuse River. Corrective action noted to eliminate the discharge included the temporary damming of the unnamed tributary to retain waste to be pumped back into the waste lagoon and the diking of the waste application field to prevent additional waste from entering the unnamed tributary. 943 Washington Square Mall. Washington, North Carolina 27B89 Telephone 919-946-6481 FAX 919-975-3716 An Equal opportunity Affirmative Action Employer G. Sleau & J. Nichols Facility No. 25-39 January 6, 1998 Page 2 If you have an explanation for this violation, as well as any additional corrective action taken, that you wish to present, please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please contact me at (919) 946-6481, ext. 214 or Carl Dunn, Environmental Engineer, at (919) 946-6481, ext. 248. Sincerely, Roger Thorpe Water Quality Supervisor cc: Compliance/Enforcement Group Central Files Craven County NRCS -.ARO Jim Mulligan Preston Howard Ernie Seneca 943 Washington Square Mall. Washington. North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer North Carolina Department Of Environment & Natural Resources WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL Washington, N. C. 27889 Phone: 919-946-6481 FAX: 919-975-3716 TO: To Al; ,j o Is FAX NUMBER: 7/ 7 (9 3 F lc FROM: A C, y -1 0-- 7-,1 o ,�, .� DATE: 117/97 Number of pages (including cover page)_ 3 COMMENTS: tti : s a x :s 6; ..� 57-01-1 -11- s v ILA" -I(- Yu �,, I ! North Carolina Department Of Environment & Natural Resources WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MAIL Washington, N. C. 27889 Phone: 919-946-6481 FAX. 919-975-3716 TO: 6,- ,-� 13 /,p FAX NUMBER: 91 9 S Z— S 9 S-Z FROM: T-A rf,� DATE: Number of pages (including cover page): 3 COMMENTS: d State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 4+• NCDENR NcF rH CAROLINA DEPARTMENT OF F-NVIRONMENT AND NATURAL RESOURCES CERTIFIED MAIL January 4, 1999 RETURN RECEIPT REOUESTED Attn: Gary Bleau 11440 Highway 55 West Dover, NC 28526 F,-- Dear Mr_ Bleau: JAN - 7 1999 WASHINGTON �W IONIAL OFFICE Retraction of civil penalty and issuance of revised civil penalty Craven County Retraction of Case #: DD 98-001 Issuance of Case #: DD 98-017 On May 26, 1998, the Division of Water Quality assessed a penalty in the amount of $4,741.05 against Gary Bleau for discharging animal waste to the waters of the State without a permit. Upon further investigation, it is the decision of the Division of Water Quality to retract civil penalty assessment case # DD 98-001. Attached please find a revised version of the assessment document with new case # DD 98-417 assessing First Choice Swine Corporation a civil penalty in the amount of $4,741.05. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources.. Any continuing violatiori(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver, form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms_ Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 12 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recyrJed110%a past -consumer paper 2_ Submit a written request for remission or mitigation including a detailed, justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section ChiefIDWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 Please note that all infonnation presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status and provision for further appeal to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR I Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General 5iatutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27511-7447 F;rJ Mail or hand -deliver a Copy of the petition to: Dan McLawhorn Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, NC 27511 Failure to exercise one of the options above within thi days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, 10 A. Preston Howard, Jr., P. ATTACHMENTS cc: Regional Supervisor wl attachments Compliance/Enforcement File wl attachments Central Files wl attachments Public Information Officer wlattachments STATE OF NORTH CAROLINA COUNTY OF CRAVEN IN THE MATTER OF FIRST CHOICE SWINE CORPORATION FOR VIOLATIONS OF N-C. G.S. 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DD 98-017 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. First Choice Swine Corporation is a Corporation organized and existing under the laws of the State of North Carolina. B_ First Choice Swine Corporation operates a swine farm located on NC 55 in Craven County. C. First Choice Swine Corporation was issued Non -Discharge permit number AWS250039 on July 16, 1997 with an expiration date of December 31, 2001. D. On January 3, 1998, DWQ staff observed a discharge of wastewater from a waste application field to an unnamed tributary of the Neuse River which is classified as C SW NSW waters of the State within the Neuse River Basin. E. First Choice Swine Corporation had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totaled $741.05. Based upon the above Findings of Fact, I make the following: H CONCLUSIONS OF LAW: A. First Choice Swine Corporation is a "person" within the meaning of G.S. 143- 215.5A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. An unnamed tributary to the Neuse River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(5). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. E. First Choice Swine Corporation may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($1❑,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of apermit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against First Choice Swine Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. 1 (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, First Choice Swine Corporation is hereby assessed a civil penalty of: $ Zv od . o w for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $�' ° • Of TOTAL CIVIL PENALTY, which is i-a percent of the maximum penalty authorized by G.S. 143-215.5A. $ 741.05 Enforcement costs $ 47*14 05 TOTAL AMOUNT DUE As required by G.S. 143-215.5A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property, resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (5) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Ii+ a . .'I (Date) A. Preston Howard, Jr., P.E Director Division of Water Qu DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY'FIELV-LAB FORM (DMI) if C YeW COUNTY PRIORITY SAMPLE TYPE RfVER BASIN N #-Cl S u ❑AMBIENT ❑ ❑ ❑ REPORT TO: ARO FRO MHO Hit()_WHIO WSRO TS QA STREAM EFFLUENT AT BM OCOMPLIANCE ® C11AIN ❑ LANE ❑ INFLUL-NT Other ...�—. OUST Far l.arh Use ANf.Y I.ah Nuenhcr: Dn1e Received: Time: by: I FrFr Hcc'd own: Bus•Courier-Ifand Del DATA F.NTRV HY: ('111 � OF DDY Shipped hy; llu Q�urlkr, S++tall. Other❑ 1:MEHGENCY ❑ ESTUARY DATE REPORTED: COLLECTORt•51: ekr-( 1 � �� �" Estimated DOD Ran D 515.25125-Cr9/40130 or Ioq plus STATION LOCATION^"C ! �L�_ Seed: Yea ❑ NOT Chlorinated: Yes[] No ❑ REMARKS-. Strtion # Date Aeg1n (yy/mm/dd) Time Begin Date End Time End Depth DM DH D13M Vnlue7yitc CatnF+osite 5atnitle�ype j ;' -( A 11 L T S ^ It C: 1 BODS 310 m0/1 2 CUD high 340 _. mg/I� 3 COD Low 335 mg/1 9 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /100ml 6 Collform: Tube Fecal 31615 /100ml Collform: Fecal Strep 31673 /100ml S Residue; Total 5C1(1 mg/1 9 Volatile 505 mg/1 10 Fixed Sip m01f I I A Residue; Suspended 530 r1t0/1 12 Volatile 535 1110/1 13 Fixed 540 m011 14 pit 403 units 15 Acidity to Of 4.5 436 Inu/I 16 Acidity to fill 8.3 435 mg/1 ~ 17 Alkalinity 10 pit 8.3 415 mull 18 Alkalinity to pit 4.5 410 mg/l 19 TOC 600 moll 20 Turbidity 76 NTU Chloride 940 mg11 Chi a; TO 32217 ug/l Chi a: Carr 32209 u0/l Pheophylln a 32213 ug/l Color: True 8o Y Pt -Co Colar.(pl1 j 83 ADM] Color; fill 7.6 82 ADMI Cyanide 720 - nt0/1 FluoAle 951 my/l Formaldehyde 71880 m41/t Grease and Oils 556 mu/1 hardness loin] 900 mfl/1 Specific Cond. 95 limho61cm2 MBAS 38260-' mt111 P1+enuls 32730 u011 Sulfate 945 u+g/l Sulfide 745 Intl/l NHS as N 610 m011 TRN ac N 625 tngl] O 2 plrrs No 3 ne N 630 nig/l P: 7 otal as 1' 665 1n!l/1 1104 as P 70507 1+19/1 P: Utesrtived as P 666 Intl/l Cd-Cadraluur 1027 ug/1 Cr-Chron lumil'utni 1034 u0/l Cui:upl+er 1042 1A011 141-Nirkel 1067 un/1 Pb-Lead 1051 —uJ/1 Z11•7loc 1092 11y/1 AO -Silver 1077 rrFt/1 A] -Aluminum 1105 U91 Be-Herylllum 1012 n0/1 Ca -Calcium 916 mg/l CO -Cobalt 1037 ug/I Fe -Iron 1045 uu11 LI-Lithlum 1132 ug/1 Mg-Maynesturn 927 on I Mn-Manganese lf155 ug/1 Na-Sodlum 92.9 11t01 Arsenic;Total 1002 ti!1II Se -Selenium I147 t+g/1 IIg-Mercury 71900 till/1 ❑r0:u100110rlr+c 1'rslirldes 0rjattolttiasFJtorut, Peatk[des I i Acid I lerhicldes I (lase/ Neutral lixlraclable Ow!tnnlc!; Acid I:xtraclable [1rtMn1cm Organics (VOA bottle reg'r1) i PhVi.,plankton Water Temperature 10 D.U. 1110/1 Alkalinity Acidity Alr'Ictnperamre (C) Sarnpling Point % Conductance at 25 C 141 pl1 8.3 [Pi l 4.5 lit] 4.5 Fill 8.3 2 94 10 3o0 400 SZ244 431 82243 [82242 _ Zit Salinity % Precivition llt+Idayi Cloud Cover % W1nd ❑Irectlon(Oeq) Stream Flow Severity Tttrhhllty Severlly Wind Velucily M/li can Stream Ilel+Itt h. Stream Wlrlllt ft. 480 45 32 36 1351 1 350 "ri. 64 4 I'MIAlsviwtl In/116 1 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) =trr Lab [Jae ONLY - 1! 1 la r1 I.ab Number: COUNTY \_•� IiI-Q h. PRIORITY SAMPLE TYPE hate Received: Tillie: nn RIVER BASIN L AMBIENT 1:1QA 13 - 1, Rua-Courler•Ifand fief REPORT TO: AHO FRO MHO RHO O WIRO WSHO TS STREAM E1P4.I1ENT Rec'd Prom: AT BM COMPLIANCE ® CHAIN LAKE INFLUENT Other DATA ENTRY BY: OF CUSTODY ❑ PILPORTED: Shipped by: Bus ['ra6rlei, Stall, Other EMEnGENCY ESTUARY I)AI1_ _ COLLI:CTORI•S): ; (.� i a_1'1 trl ' 4 r LOCATION; ` 7'V',I�IL� Estimated ROD Rangel 0.515 25125 65/40 13 or 100 p1u_STATION Seed: Yes ❑ No 0 Chiortnafed: Yea ElNo ❑ REMARKS: Sfallon 1 2 3 4 5 6 7 9 l I] 1] 1_2 13 14 15 16 17 18 I9 20 RODS 310 COD High 340 COD Low 335 Callform: MF Fecal 31616 Colllorm: MF Total 31504 Collformr Tube Fecal 31615 Colllorm: Fecal Strep 31673 Vol, Total :miff Vulatlle Fi,ted 510 Residue: Suspended 530 Volatile 535 Fixed 540 pit 403 Acidity to 01 4.5 436 Acidity to p1I 8.3 435 Alkalinity to pit 8.3 415 Alkalinity to pit 4.5 410 TOC 600 Turbidity 76 ate Begin (yy/mm/dd) Time Begin (late End Timc End De th DM DB DBM Value Type i� 8 V C){l r �� A It L _ I 1 mg/1 mg/I M10m1 Il00ml /I00mt /100m1 m g11 mull �mgli —errgll mg/1 mg/t units molt mg/1 T mull mg/1 Y mg/1 NTU Chloride 940 mg/l Chi a: Tri 32217 ug/l Chi a: Corr 32209 ug/I Pheophytln a 32213 tag/1 Color: -Prue 80 Pt -Ca Colar:{pll j 83 ADM/ Color: pit 7.6 82 ADMI Cyanide 720 _ mull Ffunrkie 951 tttS]/1 Forruuldeliyde 71880 rtrg/I Grease and Oil it 556 rtru/1 Hardness Total900 wy/i Specific Cond. 95 uMhos/cm2 RBAS 382W ing/l Pheuuls 32730 ug/l Sulfate 945 tng/I Sullitle 745 trig/] N113asN610 mg11 TI(N ai N 625 Ing11 NO2 plus NO3 its N 630 nrg/I P. Total as 1' 665 Ing/I 1104 no 1' 70507 mg/I P: Dissolved as P 666 tng/1 Cd{ adrnlwn 1027 �u1i/1 Cr-Chrtrrnlurn-rolat 1034 tool! —. ilutlul�hc� ionz troll Ni•Nlckel 1067 ttgli I'b•Leud 1051 ++O/l Zn-Zinc 1092 �119/1 Ag•Sliver 1077 tog/1 A1•Alutninum 1105 ug/l Be-Betylllum 1012 110/1 Ca•CalClurn 916 mg/l C .-Cobult 1037 ug/l Fe -Iron 1045 tog/] Cornpoalte Sample I' e T S B (: G GNXX Lf•Lftlilum 1132 ug/l Mg -Magnesium 927 ms/1 Mn-Manganese 1055 ug11 Na-5odlum 929 10111/1 Areenic:Tatal 1002 ug/l Se-Selenlurn 1147 119/1 fig -Mercury 71900 ur1/l ❑rlianoehlorlue Pesticides [ lrllat+t+itlu*j4wrtm Pt tkides Acid 11eri,iclit" Base/ Nenlral ExIrectahle 0rgUnic6 Acid Iatr0C1u61(t tt+llar,Ics I I Purneable Or!Ii+nics ;VOA bottle regal I ) 1'1 ky t ul,la rtk t o rl I Sampling Point x Conductance at 25 C Water Temperature Oa D.O. moll p!I Alkalinity Acidity Air Temperature ICS p419.3 lilt 4,5 pll 4.5 pH 8.3 2 94 10 3[1f1 4f111 1 ■ B2244 431 82243 82242 __ Wind Velocity MllI can Stream Depth ft. 20 Salinity % !'reclpltlon On/day] Cloud Cover % Wind Ditectlon (I)eg1 Stream Flow Severity 'rurbidity Severity Stream Width It. 4110 45 32 36 1351 1350 35 64 4 t DM1/Revlaed 10/86 IVISION U ENVIHONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMl) iD COUNTY }7rL11 E sue— PRIORITY SAMPLE TYPP RIVER BASIN ❑AMBIENT ❑ ❑ ❑ REPORT TO: ARO FRO MRO RRO WIRD WSRO TS QA STREAM EFFLUENT AT BM AT ❑COMPLIANCE LV LAKE ❑ INFLUENT CHAIN ❑l OF CUSTODY ❑ESTUARY Shipped by-. Sus 4faetri r, Sisf1, Other MERGENCY �1 Par L.I. H.. ANI.V L.a6 Number: [talc Recelved; Time: Hec'd by; From: Bus-Courier-fland Del DATA ENTRY BYE CK: DATi; REPORTED: COLLECTORIS): -GGY l _H tr+ . - J� t'a-� �'�� ��.�] Estimated BDD Rang 0.515-25/25•fi5 0-130 or 100 plus STATION LOCATION: .. .. .. t' I� r � � � -j:J�1'�� r f � � • � -- Se+d: Yes ❑ No❑ Chlorinated; Yea ❑ No ❑ REMARKS: Station Date Begin 1yy/mm/dd} Time Begin Date land Time End Depth DM DR DI1M Value 7 Y11e Composile Sam11W 7 e +� �� � � � ���� A li L T 5 13 [: � I GNx?C l ) BOD5 316 mg/[ 2 3 COD high 340 - mg/I COO Law 335 rag/[ 4 Collform: MP Fecal 31616 /loom[ S Collform: PIP Total 31504 /lo0ml 5 Collform: Tube Fecal 316I5 /loom] 7 Colllorm. Fecal•Strep 31673 /loomt R Hegill Lie: '1IItal5r10ma/l c� Volatile 505 my/1 1(] 41 Fixed 510 rag/1 l ' liealdue: Suslrendell 5311 mg/i 12 Volatile 535 mg/I ~13 Fixed 540 mail 14 pli 403 units 15 Acidity to p11 4.5 436 rng/I 16 Acidity to pit 8.3 435 n1g11 17 Alkalinity to pli B.3-415 mg/l 18 Alkalinity to pit 4.5 410 Mg 19 20 —TOC 6Bo n1g/I turbidity 76 NTU Chloride 940 Ing/[ Chi a: Tri 32217 1101 Chl a- Corr 32209 u!r/] Pheophytin a 32213 ug/I Color: Tine 80 Pt-Cn Color:Ipii ] 83 ADMI Color. pll 7.6 82 ADMI Cyanide 720 - e:lg/l Fluoride 951 Ing/I F—Or nIaldehyt[e 71880 Ing/I Grease and Olin 556 111UiI Hardness Total9oti ma/I� Specilic Cond, 95 f 2 uM1lnslcm _ MBAS 38260 mg/l Phenols 32730 u!1/1 Sulfate 945 1119A Su[lide 745 ma/[ _ N113 as N 610 lilu/1 TKN as N 625 IIIg/[ NO2 plus NO3 a, N 630 IIIg/] P: Total as P 665 Ing/1 1104 as 11 7t15t17 rnn/I P; Disslllved as 11 666 Ing/1 Cd-C:admimn 1027 loll/1 �— �_ C r-Cl I ro l nl tl m (ro tal 1034 Ir ll/1 Cu{1n111x'r 1042--T—_II[J/l NI -Nickel 1067 loll/] Pb-laud-1051 �rlgll Zn-Zinc 1092 ug/1 Ag Silver 11177 ug/1 Al-Alurnintlln 1105 uy/l Fie -Beryllium 1012 ug/1 3 Ca•Calciwn 916 a1g/1 Co -Cobalt 1o37 ng/l t' e-1 r rl 11 1 04 5 IIJI/] Li -Lithium 1132 ug/l Mg-Magneslum 927 e11g/1 bin-Manganery 1055 log/I Na-Sodium 929 nigh' Arsenic -Total 1402 u11/1 Se-Selenlum 1147 u9/1 [ig-Mercury 719110 1111/1 I Srgauncillorluc Peslirirles Clrglrnv!>J1rrM�xrrus Peslk-ldes Acid I terblrldes Base/ NetoIral ExIractable 0rganlcs Acid Exlractabla Organics 1 I PurgeabIC OrgalliCs IVOA bottle reWdI i 1'hy a Itr In rr k l lo . Sampling Polnt % Conduclance at 25 C Water Temperature (C] D.O. 3119/1 14.1 Y Alkalinity Ach1hy Air-Iem1wralum {Ci 1,1183 rd 1 4,5 1111 4.5 !r11 8.3 2 94 10 300 411t1 R2244 431 82243 R2242 W11111 Veltwity M/11 ea pi Sorean+ I1e1141111, 21t Srr..drrl W141111 ft. Salinlly % Precllrltinn (In/day) Claud Cover % Wind Direction(Des) Stream /-,low Severity rarbidlty Severity 480 45 16 1:151 1 :15❑ ;1;1 fro 1 11MI/Reyls.d 10/8h Division of Environmental Management CHAIN OF CUSTODY RECORD For Investigation of C ilQ Samples collected and DMI forma completed by: b Only Lab -No. Station. NO. Station Location Date Time No. of Bottles 1 Lk" 2 i:� L�►, U tom .. G �7�� `i8 L■tc5 r 301 7 :—d Reuis a 2y 81 aturej: Received by(Sigaature}; Date Time el Rec by 1 Rec by 1 Rec by (Lab) f Method of Shi went: Seal b : Securit a and Condition; Lock b Broken by., en b : LAB USE ONLY Lab No. From Through No. Containers Analysis Re1ia wished by Received b Date Time 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 Gary B1eau First Choice Swine Corp. 11440 Hwy 55 West Dover NC 28526 Dear Gary Bleau: A m AMFF '�q, 14 0 0 �EHNR RECEIVED July 16, 1997 WASHINGTON OFFICE JUL 18 1997 D, E. M4 Subject: Certificate of Coverage No. AWS250039 First Choice Swine Corp. Swine Waste Collection, Treatment, Storage and Application System Craven County In accordance with your application received on June 24, 1997, we are forwarding this Certificate of Coverage (COC) to Farm No. 25-39, authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with the State's General Permit (attached). This approval shall consist of the operation of this system including, but not limited to, the management -of animal waste from the First Choice Swine Corp. Farm, located in Craven County, with an animal capacity of no greater than 2400 Farrow to Wean and the application to a minimum of 41.1 acres of land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until December 31, 2001. Pursuant to this CDC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this CDC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. In accordance with General Statue 143-215.1OC, Animal Waste Management Plans shall include the following components: - A checklist of odor sources and best management practices to minimize these sources. - A checklist of insect sources and best management practices to minimize these sources. - Provisions set forth for acceptable methods of disposing of mortalities. - Provisions regarding emergency action plans. Your existing Certified Animal Waste Management Plan must include the above elements, by December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal of the amended certification statement shall be required upon renewal of your permit coverage in 2001. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10°% post -consumer paper Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This CDC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in Ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Washington Regional Office. The Regional Office Water Quality Staff may be reached at (919) 946-6481. If you need additional information concerning this COC or the General Permit, please contact Mike Lewandowski at (919) 733-5083 ext. 362. Sincerely, , - 2 A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Craven County Health Department Washington Regional Office, Water Quality Section Craven County Soil and Water Conservation District Permit File JAN 06 '9B 09:1841 P.5/6 Hog waste spill blamed on sprayer malfunction By T. Saou Batchelor Sun Journal Staff State environmental officials said an accident Saturday afternoon allowed 20,000 gallons of hog waste from a farm owned by two local elected representatives to spill into adjacent wetlands, but the pair coiAd face flees anyway. "It was accidental, but they still have a problem wheats it ran off the farm," said Carl DumL a state environmental engineer in the Washington, N.C. Field Office. `It doesn't really matter if it had a mechanical reason or not" First Choice Swine Inc., located near Fort Barnwell and co -owned by Craven County Commissioner Clary Bleau and state Rep. John Nichols, R Craven, could be fined up to $10,000. Dunn said the 2,400-head farm has no previous violations. The runoffcame from a S.5-acre field of oats where hog waste is sprayed from a nearby lagoon. Spray equipment was left in one spot too long on Saturday, discharging more liquid waste than the ground could absorb. Pooled waste ran off the field into a ditch that flattens out into a swamp feeding the Neuse Rives', Dunn said. Ile said an old dam blocked the waste from entering the Neuse River_ B1ean, who was working at the farm when the overspray occurred, said that a mechanical malfunction in the equipment was the culprit. A warn drive belt, connected to a gasoline engine, caused the reel to be retracted across the Field too slowly to prevent saturating the land, $leau said. "What happened shouldn't have happened, but at least we monitor it enough to catch it," Bleau said. If the state Division of Water Quality fines the farm, the partners will write the check, Nichols said. "I certainly wouldn't want any appearanve that I got special treatment because I was a representative," he said. Whether any fines will be levied against First Choice is yet to W decided. Dunn said he expects to complete ids report on the incident today. Any fines against the farm must be approved by Preston Howard, dirmtor of state water quality, he said. Nichols, who was out of town when the overspray occurred, agreed that the farm was responsible for tht; everspray, but disputed the 20,00D-gallon estimate, calling the accident a "minor overflow." JAN e6 •98 09:1 eAM P.6/6 Following instructions from stare water quality officials, the drainage ditch was dammed and about 10,000 gallons was pumped from there Sunday morning and trucked back to the waste lagoon, Bleau said. That 10,000 gallons, not twice that amount estimated by state officials, is more accurate, Nichols said The overspray was reported to state offiwials on Saturday afternoon by Nettse River Keeper Elicit Dove, who relayed the information from NRF member Phil Bowie. Bowie spotted the runoff while flying in a helicopter with a CNN production crew, which was collecting footage for a series of environmental reports. Dove said Nichols had presented First Choice as a "showcase farm," allowing members of the state Environmental Management Commission to tour the operation. "If this is the beat they've gat, then it proves the paint that they all break down," Dove said. OPERAT I ON5 BRANCH - WO Fax :919--715-6048 Sin 15 ,19e, 8.27 P. 01/02 State of North Carolina Department of Enviroment, i + r• Health atxd Natural Resources Division of wntex Quglity .lames R_ Him, Jr.. Governor NCDENR ` Wayne McDevitt, Secretary M,!or[f C-M'-' .iNn nFmAPTMF+ Kr rlF A. Preston Howard, Jr-., P.E., Director D4V1 110 N M M4T ANA NnruRAL RE-';DuacEs ft WATER QUALITY SEC110N COMPLIANCE GROUP PHONE: [9 i 9) 733-5083, ex'terzsinn 581 FAX NTJMBER' (1,119) 715-6048 TELECOPY TO: _Lq- C.-r� .� �� "-, V-'N T-A.,'< NUMBER:— ujQ L FROM: ST-TekNNON L.NNGLRY NU1IVLSER OF PAGES INCLUDING TIVS SHEET: ZZI COMMENTS; P 0. Box 29535, R*Wii.N&lh C.arolinik,27626-053604$ An Equal Opportunity AW mative-Action Employer 50% recyried/10'IQ t-rnns►mt+sr rs+ rr OPERATIONS BRANCH — EiQ Fax:919-715-6048 .dun 15 '98 8:27 P-02/02 fina i OME probleme; with cultural pollution_ But the leading } eulturnl polluter in the Ullitr,41 States is the president, 'rhe things Bill Clinton is doing to NS country are shamcfril." The event raised about W,4t10 for Fh rclothls re- itin: Gov. Jim Hunt made a quick trip to Washington lsa3tweek to lobby Congress to maintain ttnrldin far ' --f?�• "-` ` -'' - the National Board for Profew1unal Thaching - ` Standards, a group of - which he once was _ The Hmrcw has ...... proposed eliminating research -and - development fitsfdirTg -for the board, which teaching aerom €he 'rnoy in question world he art the number of teaching Wined by the board. Wwt Tnetwith senat(ws Thurs(lny in an effort to keep "the money ill tACL The board playa n kr•y rule in Hunt's educationplans here, q•F part of the Excellent Schooiq Act,'_Var Heel teacbers ca idii g natioW board certification gets 12 percent miSp While Hunt was in Washington, Sens. Jesse helms surd Iatucli FWLclath both showed him Promid and introducM hhu-to sr_nators, Nichols quits pork_ Five monti s after a plume of pink waste o pilled out of the Craven Coil n1v lrop farm he co- owned, state Rep, .101111 Idieilols didrrt worry when the aline Division of Wal.er Quality amo,sed a $4,741..05 fine for thr? accident Nichols, a New Bern Helnlbiim.n, hag gotten vutnf the hog huiincrA so he raid the fine. is the resmnsibility of his former bilsiness partner, Gary l flea u, a Craven County commissioner Nichols said [lrgnppipiT a ntR ov(.T how to run the farm -- not T tllcapi11---F ndehors " MR Ilia half, sham in First: Choir:e Farms to Blenu earlier this slr[i a g. "R w:ss n Adflinp" he sF id. " I was an ; investor from dny ' •ti one.,, x :ti r The fine was assv---- ed i7Gt i wYl;rhnle- An wCO" ins ptwishmrrxt mvestor from fnr the spit; .tan. 3. , ;r day orTe.' A Nowe'River.. watrhaog Faw i.11e wsste flowing from a ' MR167netioning'spray dpviee into an adjacent wetland. SP9ND", s'MINUTES REINING rxis an. :�. SUN 1-5 • MON iO-TMATT RESS. r r FIRM T EXTRA FIRM ORTHOPEDIC 9ACII5l1PK sat" only Twrn.-.„.s129 so Twrn.......I Twin Pull run ...... _. JAM 06 '96 09:17AM P.3/6 Hog Waste Spill Onto Wetlands Was Accidental, Legislator Says January ,6, 1998 - 01:15 EST DOVER, N.C. (AP) -- A hag sewage spill from a farm owned in part by a state legislator occurred when too much waste was sprayed on a nearby field. Thespill - estimated by state inspectors at 20,000 gallons - flowed into wetlands along the Neuse River in Craven County last weekend Rep. John Nichols, R-Craven, is part owner in First Choice Swine Inc., which raises hogs for Murphy Family Farms, according to state records. Nichols, who once hosted the state EnvirDnmental Management Commission on a tour of hog farms, called the spill an accident. "We had a piece of equipment that malfunctioned and we sprayed floc) much water on a field," he said Monday. "ibis wouldn't have happened if that piece of equipment had worked.... It's nothing intentional and I don t thivak anybody was harmed." The spill was reported Saturday by Neuse Riverkeeper Rick Dove after a pilot for the Neese River Foundation spotted the runoff from the air, the state said ".They overapplied on a wet field," said Ernie Seneca, spokesman for the state Division of Waw Quality. The maximum penalty is a $10,000 fine. "We have inspectors on site assessing the situation and the incident is udder investigation." Nichols put the spill amount at 10,000 gallons, based on what was pumped back into the farm's lagoon. The lagoon holds 25 million to 30 million gallons from six barns that house 2,%0 sows, according to Nichols. %41s it x big spill? No!"he said. Environmentalist Hill Harper of New Bern, who filed Monday to run against Nichols for his House seat, disputed the politician's description of the spill. „When your river is one of the 20 most endangered rivers in the Unrifled States and people all over the world are talking about your river, there's nothing minor about it," Harper said. The farm was one stop on a tour of the Neuse River watershed conducted in 1996 by the EMC, which was formulating rules for managing runoff into the river. Nichols, who voted in favor of the two-year moratorium during the 1997 session of the General Assembly, said his farm manager dammed the ditch where waste was flowing as soon as they discovered it. Excess effluent was pumped back into the lagoon on Sunday. The operation has been in business since July 10,1995, according to state records. The farm plan fur 1998 included water control gates in dv,- ditches to help prevent, such overlows, Nichols said raN 06 '98 09:1841 P.4/6 During a meeting last year on the moratorium, Nichols suggested that the ban was needed so technology could catch up. The moratorium was enacted after a public outcry followed hog lagoon spills in 1995 that fouled rivers and streams. Support for the law, which also calls for controls on agricultural runoff and municipal sewage treatment plants, got stronger after the discovery in the Meuse of the organism Ffiesteria that feeds on nitrogen -rich pollution. State records show there were 193 discharge violations on all animal farms in tha stars for the first nine months of 1997_ of that number, 55 discharges actually reached cr=ks or rimers, including 15 from swine farms and the rest from cattle and poultry opemdons. A total of 3,993 inspections and reviews were conducted during the period. ■ ■ r.� s ► ; ► s I ► + f ■_ .fir u.[V, a rI ,r ■ r, ■ ■, ■ ■ ■ I i ► r v -------------------- PT. WIN -( M. Last updated on January 6,1998 of 01; Ian 02 Alf CoM& ®1998, Raleigh, I+iC.Co=ents ar questiom? C&C tie feedback_ Hog Waste Spill Onto Wetlands ,Was Accidental, Legislator Says January 5, 1998 - 01:1 s c 5T DRYER, N.C. (AP) -- A hog sewage spill from a fa.-m owned in part by a state legislator occurred when too much waste was sprayed on a nearby field. The spill - csdmarnd by state inspectors at 20,000 gallons - flowed into wetlands along the Meuse River is Craver, County I= we~1'wnd. Rep. John Nichols, R-Craven, is part owner in First Choice Swine Inc., which raises hop for Murphy Family Fares, according to state record& l-ichols, who oncz hosted the state Environmental Managernew Comrrisaon on a tcur of hog farms, caiw the *,11 an acm ent. "We had a piece of equipment that malfunctioned and we sprayed too much water on a field," r& said Monday. "This wouldn't have happened if that piece of eqi#menr had worked.... it's rioting intentional and I don't think anybody was harmcc." The spill was reported Satwday by Neuse Riverkeeper Rick Dove after a pilot for the Neww River Foundation spotted the rmo f from th-- air, the state said "Thev overnpnlied on a wet field," said Ernie Seneca, spokesman for the state Division of W arer Quality. The rna=um pena%ty is a S 0,000 fire. "We have inspectcrs on site assessing the situaion and the incident is under investigation." Nichols pu: Ibe s7:Il amounE at IO,OW gallons. based ❑n wh-a: was pumped hack into the farm's zgoom Tee laacon holds'_` uullion to 30 mi�.ilon gallons from silt Lac: rs Lhai hou= 7,5W sows. =-C.ording to Nichols. "Is is a big si.'I' No!" he said. Eavironmen:alst Bill Harper of New Bern, who Hied kMonda; to tun asast tiiehois for his House seat, &spured tha po itician's description of the spill, —'Wbwn your river is one of the ?D nost endangered TI'vers in .h.e Uni=d States and people allover the wcrid are tallmg gout rcur tit•-2r, there's nothing minor about it." Hasp-er said. The farm was one stop chi a tour of tha Neuse River watershed conducted i.-i 1996 by the EMC, which was fo.-nula np rules for rnanacuig runoff into the river. Nichols, w o voted in favor of the two-year moratorium during t_he 1997 session of tie Genera As--mbly, sate hi-; far„m, manager damned the ditch where waste was flowing- as soon as they discovered it, 7--x ss effluent was pumped back into the laze -on on Sunday. The operaticn has beer. is business vine July 10,1995, acco:ding to sate rewords. T-he farm plan for 1998 included wasei control gates in the ditches to help prevent such overlows, Nichols said- During a meeting last year on the moratorium, Yichols sucaested that the San was needed. so =apology could card, tip. The mor=n'iun was en.:.cted after a p:ibiic ov%7 followed hog lagoon spi1:s in 1995 I la fouled ricers and streams. Support for the law. which also calls for cortrcls on agricultural -=off and municipal sewage treatment pants, got stronger after the discovery in the Net:se of the L gaxnsrn PfiesteriA that fps on runogen-rich poLution. Suzy rocords show there were 193 discharae vioiadons on all animal farms in the s••aw for the first nine moms of 1997. Of that number. 55 discharges acnmHy framed cr—. , ks or rhmm including 15 from swLne fartns and t',j-. rest from catt'.e and poultry opmt`ct+z. A total of 3,993 inspections and reviews Avn conducted daring the period. Cod vrign- (D1998 Associated Progs_ Ai! rigb a rejen,?dd ?his marjrjal mTA not bf_puhlzshod broadrair, r�.�rirten. r�rharred f News I Trian 2 le I tiot1h Camlizta Lan updaua on Jm=jq 6,1As at 01:16 X " Capnzt;t D1998. e2riml Broadmting C=2g[N- Ralei� ItiC.Cxaents cr questions? Oise m fee&ack- .TAN 66 ' 98 09 : 16W P.1/6 i ,k,� 111T'!" ' I . IddBERVER nesday January 6,1998 F� www.carolina-auto.com Spill on legislator's farm Officials estfumte that 20,000 gallons of hog waste leaked when a sprayer malfunctioned at a ihrna operatcd by two Craven County politicians. By JAMFrS EU SUFFMZ. Staff Triter On the day he filed as a candidate for re-election, state Rep. John Nichols -- mortgage broker, hag farpaer and recent convert to environmentalism -- landed in the middle of 20,000 gallons of bad publicity. That's the amount of hog manure that state offscials say spilled this weekend from Nichols' farm by the Neuse River in Craven County_ Officials said the waste escaped into a ditch and a nearby streatn Saturday from a mz1fuutctioning spray system at First Choice Farms, the livestock operadon that Nichols, a Republican from Now Bern, and Gary 131mu, a Craven County commissioner, run for Murphy Family Farms. Since his farm opened in July 1995, Nichols has taken state regulators and reporters on tours of what he: oonsiders a state-of-the-art facility. But both of those groups came on their own accord Monday to assess d= damage caused to neighboring property after as environmental group "tting seeing a plume of pink waste there Saturday of a now. Like most of North Carolina's large hog operations, the farm's liquefied animal waste is stored in a lagoon and then pumped onto fields as fertilizer. "We clearly pumped too much water on a piece of land," Nichols said- "It was nothing that we did intentionally- -.. I think we isolated it pretty quickly." He said he still believes his hog operation is among the best around: "Just Bite Cadillacs, they some maafunction." And he denied the states claim that the: waste went into a stream. But A] Hodge, a state environmental engineer, said the waste polluted a stream and wetlauds beyond an emergency dam built to contain the spill. ~My understanding is that a significant amount of waste got past that darn," Hodge said. Regulators estimated the amount at 28,000 gallons - Since 1995, Nichols has been at the renter of the controversy over the states booming swine business. A longtime hog industry supporter, he once railed against government environmental regulation. But following m�assivc hog waste spills, �clvding a 25-million-gal]on disaster in Onslow County, Nichols toned JAN 06 198 09: 17AM P . 2/6 down his rhetoric. In M7, he voted in favor of it two-year moratorium on new hog farms, only two years afterhe opened his owns 2,4Mhog operation. The farm immediately became a focal point in a debate over hogs and the environment that has divided Craven County. The Neuse River Foundation's river keeper, Rick Dove, once was charged with trespassing while he was investigating the farm, although the state Division of Water Quality reported no previous environmental problems them. Saturday's accident occurred when a machine designed to pull a spraying device across a field failed because of a cracked belt. As a result, the spray head dumped more waste than the ground could absorb. Bleau saw the machine malfunction and turned it off. He said he did not realize that any overflow had occurred until a state inspector stowed up at the farm an hour and a half later. The inspector had been alerted after a Meuse River Foundation watchdog, Phil Bowie, spotted the waste while giving a helicopter tour of the Neuse River to a CNN "It was just a rivulet, puddling up ... going into a ditch and running into the wetland," he said. "It was the same color as the lagoon waste." Workers built a dam and pumped about Half of the spilled waste back into the lagoon, but the rest escaped into a tributary of the Neese that flows through an ad1'acent wetland, Hodge said. Ide said the waste had not yet reached the river. Ernie Seneca, a spokesman for the state Division of Water Quality, said regulators have not decided on any enforcement action. He said the farm's owners are cooperating with officials. Nichols said he had already planned another $3,000 worth of improvements to prevent future runoff as a result of tougher state regulations concerning hog farms. One of Nichols' political opponents, environmentalist Bill Harper of New Bern, was already planning to take advantage of the bad publicity. After filing Monday to runt against Nichols for the House, Harper pondered what message to put up on a billboard along U.S. 70 that he uses routinely to bash Nichols, whom he calls "Boss Heg.* Harper disputed the politician's description of the spill as "minor -'I "When your river is one of the 20 most endangered rivers in the United States and people all over the world are talking about your river, there's nothing minor about it," Harper said. James Eli Shiffer can he reached at 836-5701 or Yid I. �� ' ! • 1 . 1 ' aj : � :� +JI II \ . f � � ��Li.� L� %i_� i�!i NV ank WLth Wirt*Mll*, NC M90 CUSKIMER,'; NO - - - I"iaC r. C)Aii, - - - - 6ltYAA{ U> 5CRlPflplF, , PRRICE - AMi7tfW 43 15 ��w •7r _ .mow__—��_,__-w-. �.__�—�-- ` �_ —___�I __.____ KEEP THIS SLIP span `+ FOR REFERENCE - JRN 08 198 11:12RI P.1/2 iIMRII Poet -it' F" Note 7671 �'� .� � r pa°gea from f&lot e Fnone a Phone Fax P FAX if f News Front i �/12►,t1 Z K*1 -u PI � a w vt q / 1 g r Tests show hog spill did not reach wetlands By T. Scott $aWhelor Sun Journal Staff FORT BARNWELL — Hog waste that escaped from a farm owned by a state representative and a Craven County commissioner apparently did not reach wetlands that feed the Neuse River, state water quality tests showed Wednesday. The discharge occurred Saturday at First Choice Swine Corp., a farm cc -awned by Commissioner Gary Bleau and state Rep. John Nichols, R-Craven. The owners contend that malfunctioning spray equipment allowed mare liquid waste to be discharged on a field Than the land was capable of absorbing, sending runoff into a nearby ditch. The ditch turns into a meandering stream which feeds a duck pond created by an old dam. " hat was our big concern, whether it gat past that duck dam," said Ernie Seneca, a spokesman with the state Divwon of Water Quality. Water samples taken on the downstream side of the dam showed a count of less than 10 fecal coliform colonies per 100 milliliters, indicating none of the runoff from the spray field breached the wall, Seneca said. "So it doesn't appear to have escaped past the duck impoundment," he said Fecal coliform levels of 200 colonies or less per 100 milliliters are considered acceptable under state standards_ The test detects the amount of animal excrement in the water. Seneca said measurements taken 50 yards above the rtwrf site revealed fecal levels of 230 colonies, while tests showed a level of 230,000 colonies at the spot wh= the hog waste poured from the field into the ditch. Officials estimate that 20.000 gallons of waste poured into the ditch. The field of oats where the spray equipment malfunctioned is about 400 yards from tip duck pond, Seneca said. The pond is located on adjacent property in a low-lying wooded area. The incident's impact on the environment figures into whether any fines are imposed on the farm, Seneca said. Stag officials have agreed so far that the over -spray was an accident, but that does not alleviate the owners from responsibility, said Carl Dunn, an environmental engineer with DWQ's regional office in Washington, N.C. A letter informing Nichols that state water quality officials were considering sanctions for the over spray was faxed to him on Wednesday. .ai .. _W 70 11' l_n . i r.cfie `7his letter is to inform you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality," read the letter. First Choice Swine has 10 days to respond to the state's notice of violation. The owners' response to the state will depend largely on the results of water samples they take at the duck pond, Nichols said He said Bleau will probably take the samples today. "If (the hog waste) didn't get to the pond, then I will contest that it was 20,OW gallons," Nichols said. No samples of pond water were taken by state water quality agents, Seneca said. After discovering the Veer -spray, Nichols said Bleau dammed the ditch to prevent the pinkish -brown wasbo from entering the low-lying wooded area. Bleau pumped about 11,000 gallons of the escaped liquid back into the waste lagoon, he said The letter from DWQ notes these efforts, as well as "the diking of Ylte waste application field to prevent additional waste from entering the unnamed tributary." If an enforcement action is taken against Fust Choice, the farm could face a fine of up to $10,000, JAN 08 �'98 11:12PM P. 12 Post -it° Fax Note 7671 ❑: ..Sr- Pao' From�� f Ca.lpe Co. �� Fnone a PnonC # Fax Film9 l News Front ! Xewzea-A -u O o u dirt q 1 /— 4R'r Tests show hag spill did not reach wetlands By T. Scott Batchclar Sun Journal Staff FORT BARNWELL — Hog waste that escaped from a farm owned by a state representative and a Craven County commissioner apparently did not reach wetlands that feed the Meuse Raver, state water quality tests showed Wednesday. The discharge occurred Saturday at First Choice Swine Corp., a farm co -awned by Commissioner Gary Bleau and state Rep. John Nichols, R-Craven. The owners contend that malfunctioning spray equipment allowed more liquid waste to be discharged on a. field than the land was capable of absorbing, sending runoff into a nearby ditch. The ditch turns into a meandering stream which feeds a duck pond created by an old dam. 'That was our big concern, whether it got past that duck dam,,, said Ernie Seneca, a spokesman with the state Division of Water Quality. Water samples takers on the downstream side of the dam showed a count of less than lQ fecal coliifornm colonies per 100 milliliters, indicating none of the runoff from the spray field breached the wall, Seneca said. "So it doesn't appear to have escaped past the duck impoundment,., he said. Fecal conform levels of 200 colonies or less per 100 milliliters are considered acceptable under state standards_ The test detects the amount of animal excrement in the water. Seneca said measurements taken 50 yards above the mnoff site revealed fecal levers of 280 colonies, while tests showed a level of 230,000 colonies at the spot where the frog waste poured from the field into the ditch. Officials estimate that 20.OM gallons of waste poured into the ditch. The field of oats where the spray equipment malfunctioned is about 400 yards from the duck pond. Seneca said. The pond is lacamd on adjacent property in a low-lying wooded area. The incident's impact on the environment figares into whether any fines are imposed on the farm, Seneca said. State officials have agreed so far that the over- spray was an accident, but that does not alleviate the owners from responsibility, said Carl Dunn, an environmental engineer with DWQ's regional office in Washington, N.C. A letter informing Nichols that state water quality officials were considering sanctions for the over spray was faxed to him on Wednesday. ti MI i rJq '70 11 • 1.7n 1 w.di4f `This letter is to inform you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality," read the letter. First Choice swine has 10 days to respond to the state's Notice of violation. The owners' response to the state will depend largely on the results of water samples they take at the duck pond, Nichols said He said Bleary will probably take the samples today. ,if (the hog waste) didn't get to the pond, then I will contest that it was 20,000 gallons," Nichols said. No samples of pond water were taken by state water quality agents, Seneca said. After discovering the over -spray, Nichols said Bleau dammed the ditch to prevent the pinkish -brown waste from entering the low-lying wooded area. Bleau pumped about 1 %000 gallons of the escaped Iiquid back into the waste lagoon, he said. The letter from DWQ motes these efforts, as well as "the dUdng of the waste application field to prevent additional waste from entering the unnamed tributary." If an enforcement action is taken against Fust Choice, the farm could face a fine of up to $10,0M, Y. �-4 4 114 �r 1� {fir ;!#��� � _', �� �1��1�.1�'�� �� f��,�•�.I _ v �° , Ad �,Cc) _;_ �} 3yIlf e '•11.4T II i r'- '� -141 31.. 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E I- , I • i I 3I � I� r �' -- � �; ;i ?� s •;� I I �#� � � � � � +� i � �� 13 � 1� � I�I� I � r3. : I � J� q n, IL lf�r� 1��3' ��I ����.�I# !� � � i � � ill9� �I+�I�'•I'_'Ifs ! Iri.,�'I_+.III .IE 1, t•i� �''i' 4I��- a 141� I I ;i �• ` �`� i, I I I ! IF, J ��CC fir, � � '{ �'•.,'"��� � E ! al � LA 3 } J� I I �I � f � !' ��.— — - •1•�. o ; �_ cif � ti , dE i { � j � � ,f I r - � I f 1•'�� �i df�i� CL �3.-� il,--ql�`l •j',f .I!�,��il�,\ 11rya, � � + 1�#� II�III# d�r rr J+ � r I� I{ �II!f 11 �f•�}I � ,1 rl � � • f � f , 11 �; � �, � I ; Coun It -raven I Owner o n Nichols I& Gary Bleau Manager Gary Bleau Address Location Certified Permitted Farm Name L r first L,noice Dwane uorp. , il�Number essee urp Y Family Farms Region 0 ARO 0 MRO 0 WARO 0 WSRO 0 FRO 0 RRO 0 WIRD arm. is: ovate 'o Mg " • by Craven : ounty. arm. entrance: is. orate .on .t a nth %i e. aJA� Certified Operator in Charge an I G. Fre—au Backup Certified Operator Comments .. Date inactivated or closed ■ Swine p Poultry p Cattle p Sheep p Horses p Goats p None Design Capacity P -�G�:i- rrr.,xvr��u-•--'.'lj.L::fj'. Total 1 2,40 Nwine SSLW L 1,039, Farrow to can Latitude ;;•;;:.�. :•I I MENUIUMMM tartdate e tires eehnicai Special' t Integrat :.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:...::..:.:.:.:.:.:................... . Kevin Weston Murphy Family Farms F p Request to be removed 17 Removal Confirmation Recieved Higher Yields Vegetation Acreage Other Comments &Basin Name: INeuse Regional DWQ Staff Date Record Exported to Permits Database NCDENR Noah Carolina Department of Environment and Natural Resources Division of Water quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7003 3110 0002 0574 1190 September 28, 2004 Mr. Robert Tyndall Alum Springs L.L.C. 535 Streetfield Rd New Bern, North Carolina 28562 RE: Notice of Violation Animal Operation Compliance Inspection Alum Springs L.L.C. Facility No. # 25-39 Craven County Dear Mr. Tyndall: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director This letter is to notify you that facility # 25-39 is in violation of its General State permit for over application of Plant Available Nitrogen on the 03-04 small grain overseed crop. Ms. Hardison from the Washington Regional Office of the Division of Water Quality conducted an onsite inspection on September 22, 2004 at your facility 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); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, General NPDES permit and the Certified Animal Waste Management Plan; (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 violation was noted during the Compliance inspection: Over application of plant available nitrogen (PAN) on 2003-2004 small grain overseed crop, Tract 5327 pull D4 exceeded PAN by 3.75 lbs (7.5 %), Tract 5327 pull DS exceeded PAN by 13.04 lbs (26.1 %) and Tract 5327 pull D6 exceeded PAN by 11.61 lbs (23.2%). Please be advised that in accordance with condition II, item 4 of your General NPDES Permit, land applicationrates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving crop in runoff during any ire application. Please provide this office with an explanation of the violations along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (10) working days from receipt of this Notice. Your explanation will be reviewed and be advised that if these violations continue, the Division may find that an enforcement action is deemed appropriate. 943 Washington Square Mall, Washington, North Carolina 27889 One Phone: 252.946-Ml 1 FAX 252-946-37161 Intemet: h2o.enr.state.nc.us NOfffiCarolina An Equa! Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Naturallff Pap Two September 28, 2004 Alum Springs, LLC Fac. 25-39 It is very important as the owner and/or the Operator in Charge that the aforementioned violation and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your assistance and cooperation during the inspection: If you have any questions concerning this matter, please contact me at 252-946-6481, od 357 or Lyn Hardison at ext. 318. Sincerely, Would May Acting Supervisor Aquifer Protection Section Division of Water Quality Cc: Cramer► C=q Sail and Water C`.onsena w District Kral$ Weaerbcd3 , Murph}-Brawn LLC, PO Box 856 Warsaw NC 28398 NCDSWC-WaRO (wlout attachments) Keith Lorick, APS Nan -Caere Group (wlou t attachments) DWQ — Aquifer Protection Section Cats ral Files WaRO Compliance Amoral Files LBH Files *36s-3C1 Type of Visit Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit _* Routine O Complaint O Fallow up O Emergency Notification O Other ❑ Denied Access Facility Number 25 39 Date of Visit: 9-ZZ-Za44 Time: 1U30 O Not Operational Q Below Threshold N Permitted © Certified N Conditionally Certified [3 Registered Date Last Operated or Above Threshold ............. FarmName: A1lL ,5.Pxjuo.L LC................................................................................... County: Cxa=..................... ..................... ...W.e'1RO....... OwnerName: RQbcLj.................................... TyadaH...................................................... . Phone No: ............................. .... ......... ............... Mailing Address: 555.51XuaUigWfi.RP.fl l.....................................................................&W..B.Cxzt...NC....................... ............................... z$'w .............. FacilityContact: .............................................................................. Title:................................................................ Phone No:................................................... Onsite Representative: JD.0 Ara..jy.[idAjj..................................................... .. Integrator: Xurphy..F2MOy..k.Ar.a ls................... Certified Operator:Roft t.L............................. IYAWaR ............................................ � Operator Certification Number: 19.7.71 ............................. Location of Farm: Farm is located off NC Highway 55 in Craven County. Farm entrance is located on the north side of NC Highway 55 approximately 1.5 mile east of Lanes Chapel. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 I9 57 46 Longitude 77 ■ 23 i 37 « Design Current Design Current Design Current Swine Capacity Population Poultry capacity Population Cattle Capacity Population ❑ Wean to Feeder JE3 Layer Dairy ❑ Feeder to Finish ❑ Non -Layer JEI ❑ Non -Dairy N Farrow to Wean 2404 ❑ Farrow to Feeder Other ❑ Farrow to Finish Total Design Capacity 2,400 ❑Gilts Total SSLW 1,439,244 ❑ Boars- Number of Lagoons 1 Holdinv Ponds LSofid-Trilas E Discharges & Stream Impacts 1. is any discharge observed from any part of the operation? ❑ Yes N No Discharge originated at: []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 D WQ) ❑ Yes ❑ No e. If discharge is observed, what is the estimated flow in gallmin? d. Does discharge bypass a lagoon system? (If yes. notify DWQ) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No ❑ Yes N No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes N No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 [d ent i fie r:................................................................................................................................................................................ Freeboard (inches): 25" I21I210 Continued Facility Number: 25-39 Date of Inspection 9-22-2QQ4 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes N No closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes N Nn 8. Roes any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes N No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes N No elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes N No 11, Is there evidence of over application? If yes, check the appropriate box below. ® Yes ® No ❑ Excessive Ponding N PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type Coastal Bermuda (Hay) Small Grain Overseed 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 1.6. Is there a lack of adequate waste application equipment? ❑ Yes OR No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes N No I9. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes N No Air Quality representative immediately. Camtnents.(refer,fo .question #):. Explain any,YES answers and/or any recommendations or any other comments. . Usedrawings of facility to better explain situations. (use additional pages 'as 'necessary): El Field Copy [I Final Notes I-ecords review Q Spring field Turf Office Irrigation calibration - 3-21-04: Measures # 1 169.2 gpm & # 2 10.3 gpm (both G7a 90 PSI) Sludge survey completed on Feb. 2004 Crop yields are available Soil analysis - 12-9-03 & 1-30-03 (for 2002) Waste analysis - 8-31-04 = 1.1 lbs 7-2-04 = 1.5 lbs 5-3-04 = 2.0 Ibs 3-2-04 = 1.4 lbs 1-2-04 = 1.3 lbs 10-29-03 = 0.21bs 8-29-03 = 0.99lbs Reviewer/Inspector Name Lyn B. A ison ' Reviewer/inspector Signature: Date: 12172,103 Continued Facility Number: 25 Date of Inspection 9722-2004 Required Retards & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ® No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) ❑ Yes ® No 23. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ®No ❑ Waste Application ❑ Freeboard ❑ Waste Analysis ❑ Soil Sampling 24, Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application) ❑ Yes ®No 27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ®N❑ 28. Does facility require a follow-up visit by same agency? ❑ Yes ® No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? .. _ ❑ Yes ® No NPDES Permitted Faciliti-es 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) ❑ Yes N No 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Farm ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form S] No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Additional Comments andlor. Drawings: Irrigation records are complete and balanced out. 1 I - Over application noted on 2003-2004 small grain crop overseed Tract 5327 D4 exceeded PAN by 3.75 lbs (7.5 %) Tract 5327 D5 exceeded PAN by 13.04 lbs (26.1 %) Tract 5327 D6 exceeded PAN by 11.61 lbs (23.2%) NOV will be sent due to > 20 % over application of PAN on Small grain overseed. Freeboard leve is are recorded weekly. Dave Elkin, engineer wl Murphy -Brown, examined the lagoon structure where the support post were removed. Need to get his response in writing for your records. Rainfall is recorded. Spray fields are in good shape Vegetation on the dike wall is well established. Control structure in drainage ditch between lagoon and coastal field has been installed. The office at the farm burnt down due to the water heater. Therefore the records are being kept at the Spring field Turf office until the office is rebuilt. 12112103 r S =OFFICIALUSE Postage ri1 Q ",9 8 co i Certified Fee l • q Q C • Postmark Return Receipt Fee Here (� r � q N � (Endorsement Required) a� EL b Aestricted Delivery Fee d iEndorsement Required} f� Total Postage & Fees s —;A5 MR PAUL G BLEAV- d FIRST CHOICE SWINE CORP ."..""---""..."" t3 PO BOX 32 .................. d [� NEW BERN NC 28563 6 , ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR PAUL G BLEAU FIRST CHOICE SWINE CORP PO BOX 32 NEW BERN NC 28563 A. Received by (Please Print Clearly) I B. 5' Is deiivery address different from item 17 L3 Yes If YES, enter delivery address below: 0 No 3, Registered ce Type ertified Mail ❑Express Mail ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.0.0. 4. Restricted Oelivery7 (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) .a= YQ30 gX& i�:e 4g :?4B PS Form 3811, 1uly 1999 Domestic Return Receipt 1025s - UNITED STATES POSTAL SERVICE First -;:lass Mail Postag EJSPSe &Fees Paid Permit No. G•1 Q • Sender: Please print your name, address, and ZIP+4 in this box' MR JIM MULLIGAN DWQ 943 WASHINGTQN SQUARE MALL WASHINGTQN NC 2-7889 WA'P-c -r CERTIFIED MAIL RETURN RECEIPT REQUESTED May 11, 2001 Mr. Paul G. Bleau First Choice Swine Corp. P. O. Box 32 New Bern, North Carolina 28563 RE: Notice of Violation Animal Operation Compliance Inspection First Choice Swine Corp. Facility No. # 25-39 Craven County Dear Mr. Bleau: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality This letter is to notify you that the violations noted during the year 2000 compliance inspection are violations of your General Permit and North Carolina General Statute 143-215.1(a)(1). The violations are excessive ponding of wastewater on a spray field and a small amount of wastewater entered into a drainage ditch from a leaking check valve. However the wastewater was contained and did not flow off site. On February 11, 2000, Lyn Hardison from the Washington Regional Office of the Division of Water Quality conducted an Animal Operation Compliance Inspection at your facility in Craven County due to a complaint the Division had received. 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); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (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 violation was noted during the inspection_ A check valve on Hydrant B 1 was leaking and a small amount of wastewater flowed into a drainage ditch. The wastewater was contained behind debris and the flashboard riser. The wastewater was pumped back into the lagoon. 943 Washington Square Mall Washington, 0 27889 252-9 8] (Telephone) 252-946-9215 (Fa\) Page Two First Choice Swine Corp. # 25-39 a In a low area of Field B 1, wastewater had ponded after an irrigation event, however the wastewater did not flow off the field. It was advised to aerate the soils and re -grade this field to improve the condition of the soils and the crop utilization. Please note it is your responsibility to manage your facility in a manner to alleviate any potential of environmental harm. It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Please provide this office with an explanation of the violation along with new practices/procedures that will be implemented onsite to prevent further such violations within ten (10) working days from receipt of this Notice. Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 214 or Lyn Hardison at ext. 318. Sincerely, Jim Mulligan Water Quality Regional Supervisor Cc: Craven County Soil and Water Conservation District Craven County Health Department NCDSWC-WaRO Non -Compliance Group WM-dntral Files aRO Animal Compliance Files LBH Files I 10 Routine 0 Complaint 0 Follow-up of M erection ❑ Follow-up of_DSWC review 0 Other � Date of inspeetivm 2111ROD0 Facility Number 2S 39 - I Time of Inspection 113:ZD 24 hr. (hh:mm) 0 Permitted 0 Certified ® Conditionally Certified [] Registered r Not Operational I Date Last Operated - FarmName: ................................................... County: Craven ................................... ... ... W.K.Q....... Owner Name: Pwd. G,ary..&.Reb=a___ BkAu....... _..................................... Phone No: Facility Contact . ..... ..... .......»....»....»... ..... ......................... ..... Title :............... »..... ........................... .... ... Phone No: 7.5Z:a-?.2M.. ........... Mailing Address: Pa.Q. R�oa 3 ...... _ ........... . _._ ................... 2ES61........ ..... Onsite Representative: Paul.BleaA....... _.......... ............................ ............. ................. Integrator: XurpbyftujUy..kar=................................... Certified Operator: PBul..G .._........ ..........._........ Ilk" ................. ... -------- •-- ...... .. Operator Certification Number:.163ZO .... ..._....._ .... Location of farm: Latitude 35 ' 19 , 57 Longitude 77 ' Z3 37 u Design Current Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish N Farrow to Wean 2400 2405 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ ❑airy ❑ Non -Layer I JE1 Non -Dairy ❑ Other Total Design Capacity 2,400 Total SSLW 1,03992UQ Number of Lagoons 1 ❑ Subsurface Drains Present JIMLagmen Area ❑ Spray Field Area Holding Ponds 1 Solid Traps 10 No Liquid Waste Management System Discharges & Stream impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed. did it reach Water of the State? (If vcs, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes. notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 1 deutif ier:....... ..... ....... _............. Freeboard (inches): .............. 1&5........... ... 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, seepage, etc.) 3/23/99 ❑ Yes N No ❑ Yes ®No ❑ Yes N No ❑ Yes 0 No 0 Yes ❑ No ❑ Yes ❑ No 0 Yes ❑ No Structure b ❑ Yes ® No Continued on back F'aeility Number: 25-39 Date of Inspection ZlI1Rlf�i1 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? mea on mo zow ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ave used almost one-half of allowed PAN. uidance on high lagoon levels was left onsite; if levels continue to rise, submit a Plan of Action to IAR4. , The check valve at hydrant B1 is leaking and a small amount flowed into drainage ditch. The aste is contained behind debris. Need to pump this water from the ditch into lagoon. Use ashboard risers to completely contain until removed from the ditch. he buffer between field 81 and drainage ditch should cut in to allow ponded wastewater to absorb ito ground as well as eliminate any more flowing into ditch. This spring you may want to regrade lis area. he ponding of wastewater in field BI is contained in a low area; did not flow off field. This field hould not be used during times of wet conditions. uggest to keep rainfall data and crop yields. lats are doing well in fields ❑, A, E, but not as well in B & C. you have any questions, contact me at 252-946-6481, extension 318. ate of North Carolina epartment of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director =or NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NaruaAL RESOURCES CERTIFIED MAIL January 4, 1999 RETURN RECEIPT REQUESTED Attn: Gary Bleau 11440 Highway 55 West Dover, NC 28526 Dear Mr. Bleau: ]LjJAN - 7 �999 WASHINGTON REGIOi:AL OFFICE flvr� Retraction of civil penalty and issuance of revised civil penalty Craven County Retraction of Case #: DD 98-001 Issuance of Case #: DD 98-017 CIV On May 26, 1998, the Division of Water Quality assessed a penalty in the amount of $4,741.05 against Gary Bleau for discharging animal waste to the waters of the State without a permit. Upon further investigation, it is the decision of the Division of Water Quality to retract civil penalty assessment case # DD 98-001. Attached please find a revised version of the assessment document with new case # DD 98-017 assessing First Choice Swine Corporation a civil penalty in the amount of $4,741.05. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycledt10% post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section ChiefIDWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status and provision for further appeal to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.Q. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand --deliver a Copy of the petition to: Dan McLawhom Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, 110 A. Preston Howard, Jr., P. FEVOIJIN . u 1 ►II I cc: Regional Supervisor wJ attachments? Compliance/Enforcement File wl attachments Central Files wl attachments Public Information Officer wlattaehments STATE OF NORTH CAROLINA COUNTY OF CRAVEN IN THE MATTER OF FIRST CHOICE SWINE CORPORATION FOR VIOLATIONS OF N.C. G.S. 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FrI OiIZ01M FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. First Choice Swine Corporation is a Corporation organized and existing under the laws of the State of North Carolina. B. First Choice Swine Corporation operates a swine farm located on NC 55 in Craven County. C. First Choice Swine Corporation was issued Non -Discharge permit number AWS250039 on July 16, 1997 with an expiration date of December 31, 2001. D. On January 3, 1998, DWQ staff observed a discharge of wastewater from a waste application field to an unnamed tributary of the Neuse River which is classified as C SW NSW waters of the State within the Neuse River Basin. E. First Choice Swine Corporation had no valid permit for the above described activity. F. The cost to the State of the enforcement procedures in this matter totaled $741.05. Based upon the above Findings of Fact, I make the following: IT. CONCLUSIONS OF LAW: A_ First Choice Swine Corporation is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215. L C. An unnamed tributary to the Neuse River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. E. First Choice Swine Corporation may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against First Choice Swine Corporation pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: ID. DECISION: Accordingly, First Choice Swine Corporation is hereby assessed a civil penalty of: $ Fv as .� a for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ ��'' ° • Of TOTAL CIVIL PENALTY, which is Vo percent of the maximum penalty authorized by G.S. 143-215.6A. $ 741.05 Enforcement costs $ 4/7 4//• 0 5 TOTAL AMOUNT DUE to As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property, resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Z- (Date) A. Preston Howard, ]r., P.E Director Division of Water Qu d SENOEf3! a ■ Complete items.1 andlor 2 for additional services. H ■ ComplefYAsms 3, 4a, and 4b. - I& w ■ Print your name and address on the reverss of this form AkG that we can return this card to yyou. ■ Attach lhls orm to the front of the mailpiece, or on the flack if space does not permit. ■Write "Return Receopt Requested" on the maifpiece below the article number. 4' ■ The Return Receipt will show to whom the article was delivered and the dale delivered. to: GARY i.BLEAU FIRST CHOICE SWINE CORP 11440 HrdY 55 w DOVER NC 28526 5. Fieceivecj By: (Print Name) 6- I aiso•wis to receive the following" 'rvices (for an extra fee): t. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster far fee. 4a. Article Number �s 'S� 4b. Service Type _ 3 ❑ Registered VCertified ❑ Express Mail ❑ Insured c ❑ Return Receipt for Merchandise ❑ COD a r 7, D73 D211vent Iw 0 8. Addressee's Address (Only if requested Y and fee is paid) m w P8 Form 3811, December 1994 102595.98-B•0229 UOMestlC Heturn Hecelpt UNITED STATES POSTAL IWj ICE _ t ICT • Print vNiro'naHiso.0address, and ZIP Cade in this box • ti MR GIM MULLIGA_T D'.IQ 943 VIASHINGTO14 SQUARE MALL WASHINGTON DIC 27889 ��111�fiIlfF�llIIIFfIf11F111E3illF�lllE3�IlYllfl�111i1�3E�111iifll I A ft R V State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 19, 1998 Gary Bleau First Choice Swine Corp. 11440 Hwy 55 W Dover, NC 28526 Subject: Notice of Violation First Choice Swine Corporation Facility Number 25-39 Craven County Dear Mr. Bleau: NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NAruRAL R3 OURGES This letter transmits a notice of violation for failing to comply with the Performance Standards set forth in your general permit pursuant to North Carolina General Statute 143-215.10C.(a). Performance Standard 2 states in pertinent part that any violation of the CAWMP (certified animal waste management plan) shall be considered a violation of this general permit. The violations of the CAWMP include the following: 1. Your waste utilization plan indicates that Field 4 of Tract 5327 should be planted in coastal bermuda grass. This field is currently planted in pine trees as observed by Daphne Cullom of the Washington Regional Office on September 29, 1998. 2. Your CAWMP failed to contain an operation and maintenance plan, lagoon design and site evaluation as noted by Daphne Cullom on September 29, 1998. 3. Waste was observed ponding in Field 1 of Tract 5327 on October 16, 1998 by Carl Dunn of the Washington Regional Office. The ponding was the result of the application of waste on October 15, 1998 in excess of the infiltration rate of the soil. 943 Washington Square Hall. Washington, North Carolina 27B89 Telephone 919-946-64B1 FAX 252-975-3715 An Equal Opportunity Affirmative Action Employer .�;�]Q Z 586 557 208 ��'US Postal Serv;ze Receipt for Certified Mail GARY BLERU FIRST CHOICE SWINE CORP—' 11440 MTY 55 W DOVER NC 28526 U-) rn rn `o d G cc M F c LL V. a Postage Certified Fee ✓ Special Defrvery Fe C O� n Restricted I7eGvary F t Retum Receipt Showing to Whom & Date Delivered � I Retum Receipt Sh-ing to Whom, Dare, S Addressee's Address TOTAL Postage & Fees Postmark or Date . . G. Bleau Facility No. 25-39 October 19, 1998 Page 2 Please provide in writing to the Washington Regional Office, within fifteen (15) days after receipt of this Notice, an explanation for these violations, as well as any corrective action taken to prevent such future violations. Your explanation will be reviewed and could be used as a factor in the consideration of future enforcement action. Please be advised that nothing in this letter should be taken as absolving this facility of the responsibility and liability of any past, present or future violations. If you have any questions concerning this matter, please contact me at. (919) 946-6481, ext. 212 or Carl Dunn, Environmental Engineer, at (919) 946-6481, ext. 208. Sincerely, f..� Mulligan Water Quality Supervisor cc: Compliance/Enforcement Group Central Files Cr?n County MRCS O 943 Washington Square Mall, Washington, North Carolina 27689 Telephone 919-946-6481 FAX 252-975-3716 An Equal opportunity Affirmative Action Employer p Koutme 0 4:omptamt p ronow-up of uwt2 inspection D ronow-up of maws. review p utner Facility Number Date of Inspection iif7i�73$ ., .. 'rime of Inspection I�': �` 24 hr. (hh-.mm) p Registered E Certified p Applied for Permit W Permitted 10 Not Operational Date Last Operated: Farm Name: First.C.hmim5.witm.Cnrp......................................................................... County: Craven WARO Owner Name: Paul.Gap.&Rebecra.... Blean............ ....................... ....................... Phone No: �4�S�.�G3 .-S�4ll.and. �14).S?2.-S9SZ............. Facility Contact: ................------------- .... --.......... ............ ........... ....... •Title: ........................... ........ Phone No: Mailing Address: 11.44h.Highway..SEL.West.................................. ............................... Doter --- NC ..................... .................. ..........--.-----•.... 28526.............. Onsite Representative: G.ary.Bleau..........................................--------- Integrator: Murp4..F.amity.Farms...-----.--...................----.... Certified Operator: PAW.Cu........... .................. ..... BleTru........................................... Operator Certification Number: 102p..--•........ -.............. . Location of Farm: arm.as. ca � tg way.a .tn.. rarer.. ountr.....arna.,etttrasue.ts. ncate .tin. ,c.nuart e.�----tva�= --------------- - � sppruximat4..4S.mile;ea t,ai,Lanes:lChapceL::::::::::.... ...................... ::::::::::: Latitude ©u ©" Longitude ©• ©� ©K General 1. Are there any buffers that need maintenance/improvement? 13 Yes p No 2. Is any discharge observed from any part of the operation? p Yes N No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes p 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 p No 3. Is there evidence of past discharge from any part of the operation? p Yes ®No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ®No 5. Does any part of the waste management system (other than lagoons/bolding ponds) require p Yes p No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes p No 7. Did the facility fail to have a certified operator in responsible charge? E3 Yes p No 7/25/97 r jFlaci!tty Num er: 25_39 Date of Inspection 8. Are here lagoons or storage ponds on site which need to be properly closed? p Yes N No Structures (Lazoons,Hoiding Ponds. Flush Pits, etc.] 9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ®No Structure 1 Structure 2 Structure 3 Structure 4 Structure'5 Structure 6 Identifier: _.... ...... ........ .......... ............ ............................... ......... _.....-. - ..... Freeboard (ft): 3.5 10. Is seepage observed from any of the structures? p Yes ® 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? 1a Yes ® No (1f 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? ® Yes 13 No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ...... oastal B=ud&j5 ass .. .......... ...... ........................ ............ -......... ..... -........... ............................. _..................... _ ... --........ ....... .............. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes 13 No 17. Does the facility have a lack of adequate acreage for land application? 17 Yes p No 18. Does the receiving crop need improvement? ® Yes 13 No 19. Is there a lack of available waste application equipment? p Yes ONO 20. Does facility require a follow-up visit by same agency? p Yes ®No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 13 Yes N No 22. Does record keeping need improvement? 13 Yes p No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 13 Yes p No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes p No 25. Were any additional problems noted which cause noncompliance of the Permit? p Yes p No R . ono tons. or crencies •were.note wring rs y s!t:. nn. .receive na - - er . - _ � . �eT`CeSpoAdCUe� a�>;11t�iS•YiS��:. .. . • . ... ... .. .. .. : . ... .. . Reviewer/Inspector Name =0 r. ReviewerlInspector Signature: r� s 21-1 Date: V_i (- R f7 on- Ca ct ty, Po^ ulation Facility Number hate of Inspection Time of Inspection�i 24 hr. (hh:mm) p Registered ■ Certified p Applied for Permit ■ Permitted 113 Not Operational I Date Last Operated: Farm Name: First.Cltaicr,.Swina.Carp............. .................. ............ County: Craven WARD Owner Name: Paul.Gary.& R.ebecca..-- $1---.---•-•... ... ................................. -........ Phone No: (2=.f533-59.4ll.and.(7,5Z.).,522-5952.•--......... Facilitv Contact: ............................................. .............Title: ....... Phone No: Mailing Address: ] 144il.Higkinray.S.W..est.................................................................. Dover..NC....................................... ....................... 28525.............. Onsite Representative: Qry...Elcau-...................................................................... ........... Integrator:Mlxp.4,.Fsttni_v.Farum...................------............. Certified Operator:P.aui.G.................................... Hieau...................................... ........... Operator Certification Number:1020............................. Location of Farm: ►'itm.LS. Ca .4 ig Y. ............... grsaximately,LS.:RAS.easL.gf.La�es.lGt�geL:....:::::::::::::::::::::::::::::::::::::::::::::::� Latitude ©0 ©u Longitude ©■ _w._ ...... _ ri= > n, wine m1. au -; f.... :. _...r._.. _. :-..:-: apace - o u a on. ....:: apact �o u a tong - p Layer Feeder to int p Non -Layer ® arrow to Wean i_ =— =: �M=ter: p 7arrow to Feeder ' © Other Farrow to Fmis� 13 Gilts a'w F _ ff ,..:., i] Boars 1. Are there any buffers that need maintenancelimprovement? p Yes ® No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon p Spray Field 13 Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Surface Water? (If yes, notify, DWQ) p Yes p 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 p No 3. Is there evidence of past discharge from any part of the operation? p Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ig No 5. Does any part of the waste management system (other than lagoonslholding ponds) require p Yes 13 No m ainten ancelimprovement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ®No 7/25/97 ace ity . um er: 25_39 Date of Inspection '$. Are there lagoons or storage ponds on site which need to be properly closed? Structures a oons Holdin Ponds. Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Identifier .................................... Freeboard (ft): 2.8 10. Is seepage observed from any of the structures? Structure 4 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (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? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) p Yes N No p Yes ® No Structure'5 Structure 6 15. Crop type _....CoastalBeimuda imss .... ....... .............. P.ine.Trees................. .............. ....... ............ ..... __............... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? Q . oyiu ans.or eancies-were.rw nrutg t rs visit:. as receive nor further. . "rrespopdtAee iaWtzt :.....:... . p Yes ® No p Yes ® No p Yes ®No p Yes ®No p Yes ® No ® Yes p No p Yes ®No p Yes ®No 13 Yes ®No 13 Yes ®No p Yes ®No p Yes ®No p Yes N No p Yes ® No p Yes ® No Reviewer/Inspector Name Reviewerllnspector Signature��,,NV, _ t'j �� t _ Date: G ! ari _cam STATE OF NORTH CAROLINA COUNTY OF CRAVEN 1N THE MATTER OF FIRST ) CHOICE SWINE OPERATION } } } } FOR VIOLATION OF } N.C.G.S. § 143-215.1 } NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DD 98-017 SETTLEMENT n 1999 IONAL OFFICE The North Carolina Division of Water Quality ("DWQ") of the Department of Environment and Natural Resources ("DENR") under authority delegated by the Environmental Management Commission ("EMC"), and the First Choice Swine Corporation, hereby enter into this Settlement Agreement in order to amicably resolve the matters in controversy between them regarding the discharge of animal waste to waters of the State from the First Choice Swine Facility located in Craven County, North Carolina. This Settlement Agreement is based upon the following: STIPULATED FACTS 1. DENR is an agency of the State established pursuant to the provisions of N.C.G.S. § 143-279.1, et sea. First Choice Swine Corporation ("First Choice") is a North Carolina Corporation and is a "person' within the meaning of N.C.G.S. § 143-212(4). 2. First Choice is a 2400 farrow to wean swine operation and is located on N.C. Highway 55 approximately one mile east of its intersection with SR 1475 in Craven County. 3. First Choice was issued Non -discharge permit number AWS250039 on July 16, 1997, with an expiration date of December 31, 2 00 1. 4. A civil penalty in the amount of $4000.00 plus $741.05 in investigative costs was assessed against First Choice Swine Corporation on January 4, 1999 for an alleged illegal discharge of animal waste to waters of the state in violation of G.S. § 143-215.1(a)(1). 5. The cost to the State of the enforcement procedures in this matter totaled $741.05. AGREEMENT 1. First Choice agrees to pay DENR a civil penalty of $2,741.05 ($2000.00 plus $741.05 in investigative costs) within 30 days of the entry of this Settlement Agreement. This payment shall be made to the Department of Environment and Natural Resources and mailed to: Ms. Nancy Andrews N.C. Dept. of Justice Environmental Division P.D. Box 629 Raleigh, N.C. 27602-0629 2. The DWQ agrees to accept the payment of $2,741.05 in complete satisfaction of the civil penalty No. DD 98-017, subject to the terms of this agreement. 3. Both parties acknowledge that such payment is being made for the purpose of resolving this matter without further litigation and does not constitute an admission by First Choice of the allegations contained in the civil penalty assessment. 4. First Choice expressly stipulates and acknowledges that by entering into this settlement agreement, it waives any and all defenses to the underlying assessment of civil penalties, and that the issue in any action to collect said penalties will be limited to the payment or non-payment thereof in accordance with the terms of this agreement. 5. First Choice expressly waives its right to an administrative hearing. 6. That nothing in this agreement shall restrict any right of DWQ to take enforcement action against First Choice for any new violation. The parties agree that this 2 Settlement Agreement fully resolves all enforcement issues related to the violation alleged in the January 4, 1999 civil penalty assessment. However, nothing in this Settlement Agreement shall restrict any right of DWQ to take enforcement action against First Choice for any violations of the North Carolina General Statute, Chapter 143, Article 21, and the relevant rules promulgated thereunder, arising after the date of January 3, 1998. First Choice does not waive any of its rights to contest or defend against any such future enforcement actions for violation not now known to DWQ or future violations. tarck Agreed upon this j a — day of ary-, 1999. FOR: FIRST CHOICE SWINE NORTH CAROLINA DEPARTMENT CORPORATION OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER zi BY � B Y John . Bircher, III St & Perdue, P.A. 31/0 Craven Street ,P. O. Box 1654 New Bern, NC 28563-1654 (252) 633-2700 Attorney for First Choice Swine Corporation QUALITY A. Preston Howard, r., Director MICHAEL F. EASLEY Attorney General r^ n Mary D�`away Ass istai (Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 (919)716-6600 Attorney for DWQ N State of North Carolina Department of Environment, and Natural Resources Division of Water Quality ftjames B. Hunt, Jr., Governor 1 Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 4, 1998 CERTIFIED MAIL RETURN RECEIPT RE VESTED Gary Bleau 11440 Highway 55 West Dover, NC 28526 Dear Mr. Bleau: A' kTT4 A 0A!WA9H1NGZ0. 'OFFICE Aoft% AMINNMXMEN�Ll - V �d N 1 1 1998 t4CDEM D. E. M. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: Assessment of Civil Penalties for Violation(s) of G.S. 143-215.1. Craven County Permit #: AWS250039 File No. DD 98-001 This letter transmits notice of a civil penalty assessed against the Gary Bleau in the amount of $4,741.05 including $741.05 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.Q. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief/DWQ P.Q. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing; If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: . File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and STATE OF NORTH CAROLINA COUNTY OF CRAVEN IN THE MATTER OF GARY BLEAU FOR VIOLATIONS OF N.C. G.S. 143-215.1 NORTH C AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. 98-001 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A- Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Gary Bleau operates a swine farm located on NC 55'in Craven County. B. Gary Bleau was issued Non -Discharge permit number AWS250039 on July 15, 1997 with an expiration date of December 31, 2001. C. On January 3, 1998, DWQ staff observed a discharge of wastewater from a waste application field to an unnamed tributary of the Neuse River which is classified as C SW NSW waters of the State within the Neuse River Basin. D. Gary Bleau had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $741.05. Based upon the above Findings of Fact. I make the following: II. CONCLUSIONS OF LAW: A- Gary $lean is a "person" within the meaning of G.S. 143-215.5A pursuant to G.S. 143-212(4). Mail or hand -deliver a Copy of the petition to: Office of General Counsel NCDEHNR Post Office Sox 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days. as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, ATTACHMENTS cc: Wastiington'Regianal:Supervisor wJ-attachmen& Compliance/Enforcement File wl attachments Central Files wl attachments Public Information Officer wlattachments B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. An unnamed tributary to the Neuse River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. E_ Gary Bleau may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms. conditions or requirement of a Permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Gary Bleau pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: I1I. DECISION: Accordingly, Gary Bleau is hereby assessed a civil penalty of: $� • oo for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1_ $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 741.05 Enforcement costs $ V 7a I. OS TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property, resulting from the violation. (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howar , c-tor Division of Water Quality DIVISION OF WATER QUALITY April7, 1998 TO: Coleen Sullins, Acting Chief Water Quality Section THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office THROUGH: Roger Thorpe`,'Wafer Quality Supervisor Washington Regional Office FROM: Carl Dunn, Environmental Engineer e-ar.-. Washington Regional Office SUBJECT: Enforcement Action John Nichols & Gary Bleau Facility No. 25-39 Craven County INTRODUCTION: Mr. John Nichols and Mr. Gary Bleau own and operate First Choice Swine Corporation located on NC Highway 55 approximately one mile east of its intersection with SR 1475 in Craven County. First Choice Swine Corporation is a permitted 2400 farrow to wean operation. REPORT: On Saturday, January 3, 1998, at approximately 3:00 pm, I was contacted by Daphne Cullom of the Washington Regional Office informing me that animal waste had been reported discharging from the Gary Bleau and John Nichols farm. Mrs. Cullom received the report through the State emergency management system. At approximately 4:00 pm, Mrs. Cullom and I arrived at the farm. Mr. Gary Bleau was on site at this time. Mr. Bleau was informed that a complaint had been filed through the emergency management system concerning animal waste discharging from his farm. Mr. Bleau acknowledged that waste application activities had occurred on his farm earlier in the afternoon of January 3, but this activity had ceased approximately 3:00 pm when he noticed a helicopter hovering above his spray field taking pictures. Mr. Bleau stated that he did not see any waste water discharging from his spray field at the time the irrigation equipment was stopped, however he did not inspect the field for any possible discharge. He only stopped the irrigation equipment. Mrs. Cullom and I proceeded to inspect the waste application field and found it to be completely saturated. Waste water had ponded on the surface and was traveling via overland flow to a field ditch adjacent to the waste application field. The waste application field was noted to be saturated in areas that did not receive any of the animal waste, indicating that the field chosen for waste application was already saturated prior to the waste application event. The lagoon level was observed to be approximately three and one half feet. The field drainage ditch, which was receiving the waste from the application field, led into a wooded area where it turned into a meandering stream. Animal waste was observed flowing in the stream at a rate of approximately 220 gpm. The stream led approximately four hundred yards to a pond created by the damming of the stream. Animal waste was observed flowing into the pond. The stream continued on the other side of the dam for approximately two hundred yards where it turned into a swamp which is part of the Neuse River flood plain. No waste was observed flowing in the stream on the downstream side of the dam nor was water observed flowing through the spillway pipe of the dam. Water was observed seeping through the dam. The majority of the meandering stream and the pond are not on property owned by Mr. Bleau or Mr. Nichols. Mr. Bleau was instructed to try to stop the flow of animal waste in the field drainage ditch by creating a temporary dam. Mr. Bleau dammed the drainage ditch with some gravel and hay bales. After completing the inspection of the waste application field and the stream, Mrs. Cullom and I went into the farm office to inspect the farm's records. The records indicated that waste had been applied to a 5.3 acre field from 9:30 am to 2:45 pm on January 3, 1998 at a rate of 105 gpm. Based upon the records and the data collected from the stream and application field, an estimated 10,000 to 20,000 gallons of waste left the site and entered the pond. The records were incomplete, however, because no nitrogen balance had been completed for the field in question. The records indicated that the field had been used for waste application on two previous occasions without completing the nitrogen balance as required. The waste analysis was also not up to date as required. On January 5, 1998, I returned to the farm with Lyn Hardison, also with the Division of Water Quality in the Washington Regional Office, to take water samples in the field drainage ditch and the stream. Mr. Bleau was on site at this time. Samples were taken upstream of the application field, downstream of the application field, and downstream of the dammed pond. The results of the samples are contained in the following table: Upstream of Waste Application Field Downstream of Waste Application Field Downstream of Dammed Pond NH3 as N 610 8.8 mgll 82 mgll 1.6 mgfl TKN as N 625 11 mgll 110 rngll 4.7 mgll NO2 plus NO3 as N 630 3.1 mgll 0.19 mgll 0.11 mgll P: Total as P 665 1.3 mgll 15 mgll 0.04 mgll BO❑ 5.8 mgll 100 mg/1 0.8 mgll Fecal Coliform 2801100m1 230,0001100ml c 10 /100ml Mrs. Hardison and 1 observed that Mr. Bleau had built a dike along the edge of the waste application field to prevent any additional waste from entering the field drainage ditch. Mr. Bleau stated that he had constructed the dike on January 4, 1998. Mr. Bleau also stated that approximately 11,000 gallons of waste contained behind the temporary dam in the field drainage ditch was pumped back into the lagoon on January 4, 1998. Mr. Bleau also presented up to date records of the nitrogen balance for the waste application field in question. Mr. Bleau then stated that the irrigation gun that was used to apply the waste was inspected on January 4, 1998 for proper working condition. A drive belt was observed to be cracked. This drive belt controls the speed at which the gun travels across the application field. Thus, an inefficient drive belt could have caused the irrigation gun to remain in one location on the waste application field for too long a time. This would also lead to the severe ponding of waste within the waste application field as noted on January 3, 1998. CKIrCe! URI CIRS Mr. Gary Bleau and Mr. John Nichols are in violation of North Carolina General Statute 143- 215.1(a)(1) for allowing untreated animal waste water to discharge into waters of the State without a permit. R XOIQ35 lu' I BI ► I -11.1v 0IQLNF It is recommended that the appropriate enforcement action be taken against Mr. Gary Bleau and Mr. John Nichols of First Choice Swine Corporation, 11440 Hwy 55 W, Dover, NC 28526. n 0 OPERRT•1ONS WMCH - WO Fax:919-715-6048 State of North Carolina Department of ]Environinn,ent, Health and Natural Resources Division of Water Quality .Tames.9- Hunt, Jr., Giivernor Wayne Me-De'-,ztt, Secretary A. Preston Howard, Jr., P.E., Director Jul 6 ' 98 9 : 54 P. 01 /04 NCDENR FNVIRO?4mEKT AND NArLN7AL Rg-% SCEs WATER QUALITY SECTION COMPLIANCE GROUP PRONE: (919) 733-5083, cmension 581 FAX NLE.IMER: (919) 715-6048 TELECOPY TO: �1 C i � r� ►.� FAX NUMBER: FROM: SHA.NNON LANGLEY .NLrME3ER OF PAGES YN'CLUDING 'PHIS SHEET: I COM1v�N'I'S; LJ Fed. has �9�35, Balai�; Nart$ eralla XISZL-O�i = ; ,Telep6ae�a�19=73T-9M FAx-, P6 7I. An Equal Oppatanity AW madva.AcMm. Employer. 50 per- . µ OPERATIONS HRRgCH - WO Fax:919-715-5048 Jul WATER $ LAND SECTION Fax'919-716-6766 Jul ]cllUV [; $tilC toe I[] f L7iSi4 ix � �iiiG. R. CA$t @ KORY i[IL }. }L'�.1l7i+lS i 1lS-C�I7rF! 3 7KAWILX M. 5TUM. j;• ATM Ft EYN 0MY a. xwr Stubbs & Perdue. P.A. (1941-t9971 3i3CJt1vFtiS EIr P.O.Wx1614 0�; MARN, NORTH C,-AWNA 2e3i63.1654 �• 'n"P14ou1. (112) 633.1700 1L F.%cssxii (252) 633-96W ,7une 29,, 1998 Office of Administrative Hearings 424 N. Blount Street Ralejgh,, NC; 27601 6 ' 98 9 =55 P. 02/04 2 '98 14:13 F.01 - BALM O7 'TWO HAWWWW Syuwns • SUM (711 Fa WX 1610 RuIseH. NORTH CAftOCI 1A 77402A630 TEuimtm j919) 856.94M FACNIWU (v14; N56-93W, ON. OF WATER QUALITY OFFICE FAD �R$ 1919) 733-2691 RA x Gary 1�111AU V. N.C. rapt. of Exxvi.rnnment L Natural Rauct=ues Oux Vile bits.: 98473 10 Whom This May Concern: Rncicaad, p1saiza find for filing tha original and appropriate Copies of a Petition for.. a Contested Gale Hearing in the above matter. Once the enclosures have been filed in yQur office, please return a tiled stamped copy to Ina in the envelope provided. Thanking you and with kindeat regardaj I remain Zxr C . BieCher III ►7CB/ca ures c Gary Bl.eau A. Freaton Howarth,- Jr. OPERRTIONS BRANCH - lO Fax:919-715-6048 WATER 8& !_FIND SECTION Fax " 919--716-oY56 Jul 6 ' 98 9 : 55 P. 03/04 Jul 2 '98 14:13 P.02 NORTH CARD i A CRAVEN GARY RLRAU } �e#itfprirr, 3 l Y. N.C. DEPT. OF ENYIRONMXNT ] AND NATURAL RESOURCES, � Respondents } IN THE OFFICE OF ADMINISTRATIVE HEARINGS PEnTION FOR A COMSTED CASE BARING NOW COMES Petitioner, Gaty Blear, acting by and through his undcnigAed attorneys ofmord &ad says. I - Petitiomr hereby requests a contested case hearing as provided by North Caroiiae Qftftel Statue § i 50B-73 because the Respondent has wn ngWy pens ized the Petitionerfor allegedly discbar" wmeNvaier fivm a wastewater application field to an "tmnamed tributary" of the Neuse River, 2. As a result of the investigation by dw Respondeat, the State agency has ordered the Petitioner to gay a fine or civil penalty and in doing so, has exceeded its 4uthurity or jurisdiction, acted erroneously, filled to use proper proucdure and acted arbift-roily or capriciously. 3. Petitioner also hereby rcqucm tho Chief Administrative Law Judgt to order the pardc* to participate in a Mediated Settlement Conference pmwnt to N.C.G-S- § 1503 23.1 is ,order to attempt w reaolvo the. iwuws rroarding the of civil peaaltias against the Patitiorxar. R ospeetfizily submittea khis;g§=�-&y ofJune,1009 1OHM es,:; C MR III N. ar # 24119 BPERDUE, P.A. P,O. BOX 1654 NEW BEM. NC 28563 (252) 533.2700 QPERRTIM BRANCH - WQ Fax.,919-715-6048 Jul 6 '98 9:55 P.04/04 WATER & LAND SEMEN- Fax : g19-716-6766 Jul 2 '98 14:14 P. 03 t i CFI E OFF" E I helle }f certify that I th1a day have -Ycrvcd & copy of thia9 pleading up n the cthar parties to clhie action by t3.�paa f t ingr a copy thereof in an envelope bearing sufficient postage in xted states mail addressed to counsel fors i�a, tA.4 his ay vt wune' 1998.` To: A PRESTON HOWARD OR D11MC GR DIVISION OF WATER QUALITY FO BOX $953-5 RAT.RTGE WC 27626-0535 r . E IR R I I I ST"02a! UE , $ . A . 314 en street office Box 1954 New Bern, NC 28S63-16S4 (252) 633-2700 (252) 633-96OC (F,-M) N. C. STATE BAR NO .: 2 4 I^ 9 STATE OF NORTH CAROLINA IN THE MATTER OF Gary Bleau and John Nichols FOR VIOLATIONS OF PERMIT 15A NCAC 2H .0217 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Gary Bleau and John Nichols operate the First Choice Swine Corporation located on NC 55 in Craven County. B. Gary Bleau and John Nichols were issued Non -Discharge permit number AWS250039 on July lb, 1997 with an expiration date of December 31, 2001. C. On January 3, 1998, DWQ staff observed a discharge of wastewater from a waste application field to an unnamed tributary of the Neuse River which is classified as C SW NSW waters of the State within the Neuse River Basin. D. Gary Bleau and John Nichols had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $741.05. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Gary Bleau and John Nichols are a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. An unnamed tributary to the Neuse River constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143-215.1. E. Gary Bleau and John Nichols may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Gary Bleau and John Nichols pursuant to G.S. 143-215.3(a)(9) and G.S. 143 B-282. I (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Gary Bleau and John Nichols are hereby assessed a civil penalty of: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 741.05 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property, resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Water Quality Animal Operations Inspection Form 1. Date of Inspection: January 3, 1998 and January 5, 1998 2. Regional Office: Washington 3. Name of Property Owner: Gary Bleau and John Nichols 4. Name of Operator: Gary Bleau and John Nichols 5. Address: 11440 Hwy 55 W. Dover, NC 28526 G. Phone Number: (919) 522-5952 7. Description of facility location: First Choice Swine Corporation located on NC Highway 55 approximately one mile east of its intersection with SR 1475 in Craven County. 8. Date the facility began operation: 717195 9. Date of last expansion: NIA Explain: 10. Has the facility registered with DWQ? NIA If yes, date registered? 11. Does the facility have an approved animal waste management plan? Yes Is one required? Yes Date approved? 717195 12. Has the facility received a CAFO Designation? No If yes, date issued? 13. Type of operation (Examples: swine, farrow to finish, topping, dairy, beef, cattle, poultry, breeders, layers, broilers, turkey production, etc.): The facility is a 2400 farrow to wean operation. 14. Number and type of animals: 2400 farrow to wean 15. Length of time animals have been, are, or will be stabled or confined and fed or maintained in any 12 month period: The animals are housed for more than nine (9) months in any twelve (12) month period. 16. Are crops, pasture, or post -harvest residues sustained in the normal growing season over any portion of the lot or facility? The farm requires 41 acres of cropland as specified in the CAWMP. The crops grown are bermuda hay and oats. 17. Type of waste management (Examples: 1. type of confinement: free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots, houses, or pasture; 2. type of waste handling: direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray irrigation, stockpiling, contractor disposal, etc.)? The houses are designed with flush gutter floors for waste flushing to a lagoon using recycled lagoon water. The lagoon waste water in managed through spray irrigation. 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There are no other swine operations that discharge into the same unnamed tributary on the Neuse River. 19. Proximity of facility to neighboring houses, wells, etc.: The closest house is less than one quarter mile away. 20. Approximate depth of groundwater table in the area of the facility or discharge: Unknown 21. Proximity of facility to surface waters (provide name and class of surface waters): The farm is located approximately one half mile from the Neuse River which is Class C SW NSW in the Neuse River Basin. An unnamed tributary of the Neuse crosses the farm and drains much of it. 22. Animal waste discharge including photos and witness' names, addresses, telephone numbers, and statements of fact: Please note the attached photos for your reference. 23. Are pollutants discharged into the waters of the State? If so, How? (directly or by man-made ditch, flushing system, or other similar man-made device): Yes, waste was applied to a waste application field in excess of the soils moisture holding capacity. The excess waste water traveled off the field via overland flow where it discharged into an unnamed tributary of the Neuse River. 24. Do or have discharges occurred in response to a storm event of less than a 25-year, 24- hour intensity (f yes, include a brief listing of incidents and suspected causes) -Yes, waste was applied to a waste application field in excess of the soils moisture holding capacity. The excess waste water traveled off the field via overland flow where it discharged into an unnamed tributary of the Neuse River. 25. What is the degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation? Animal waste was discharged into an unnamed tributary which carried waste off of the property owned by Gary Bleau and John Nichols. The unnamed tributary is dammed on the adjacent property to create a duck pond. Waste water has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. Waste water also contains nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life. 26. What is the duration and gravity of the violation? The discharge is the result of over application of waste to soil in excess of its moisture holding capacity. The field chosen for waste application was already at or near saturation and thus was a poor choice for waste application. A mechanical malfunction with the irrigation gun may have caused it to apply waste in one area for an excessive amount of time. Records indicate that the irrigation activity took place for more than five hours, apparently without the certified operator noticing the malfunctioning irrigation gun. The lagoon freeboard level was approximately three and one half feet, thus a need for immediate pumping was not necessary. 27. Water Quality Assessment: (Include description of sampling, field measurements, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of animal wastes and process wastewaters ). The effect on ground or surface water quality or quantity or on air quality. The field chosen for waste application was near saturation. A portion of the waste water in completely saturated soil will most likely permeate to the ground water. Waste water was also allowed to flow into a dammed pond on adjacent property. On January 5, 1998 samples were collected in the unnamed tributary just above and below the waste application field and also on the downstream side of the dam used to create the pond. The results of the samples are below. Upstream of Waste Application Field Downstream of Waste Application Field Downstream of Dammed Pond NH3 as N 610 8.8 mgll 82 mgll 1.6 mg/1 TKN as N 625 11 mgll 110 mg11 4.7 mg/1 NO2 plus NO3 as N 630 3.1 mgll 0.19 mgll 0.11 mgll P: Total as P 665 1.3 mgfl 15 mgll 0.04 mgll BOD 5.8 mgll 100 mgll 0.8 mg/1 Fecal Coiiform 280 I100m1 230,0001100m1 C 10 1100m1 28. What is the cost of rectifying the damage? Unknown. 29. What is the amount of money saved by noncompliance? No money was saved. 30. Was the violation committed willfully or intentionally? No. Explain: 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? Mr. Nichols and Mr. Bleau have no prior record with DWQ. 32. What is the cost to the State for the enforcement procedures? Staff Time (WARO): Jan 3, 1998 (2 staff, 5 hrs each) $ 197.55 Jan 5, 1998 (2 staff, 6 hrs each) $ 243.06 Enforcement package (8 hrs) $ 168.24 Staff Time (Central Office): $ 100.00 Travel $ 32.20 Total Cost of Investigation $ 741.05 33. Type or general nature of business? A swine farm owned by two individuals. 34. What is the violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance (stubbornness)? Mr. Bleau has been very cooperative. He created a temporary dam to trap some of the waste in the ditch and also created a berm at the edge of the field to prevent further run off. He then had approximately 11,000 gallons of waste pumped from the ditch back to the lagoon. 35. Are there mitigating circumstances? None 36. Assessment Factors: a. IWC: 100% b. Receiving Stream: unnamed tributary to Neuse River c. Damage (YIN - If yes, include report from WRC) 37. Include a copy of any Designation letter signed by the Director. 38. Recommendations made to owner/operator: Mr. Bleau was told to trap as much of the waste leaving the field as possible. He complied with these instructions. He has been instructed to become more familiar with his waste application equipment in an effort to prevent possible further mechanical malfunctions. He has been instructed to better identify saturated fields and to choose better fields for land application of waste. He has also been instructed to maintain better records on site and to make them readily available. 39. Recommendations for further DWQ action (Re -inspect, NOV, Enforcement Action, Designate, etc.): The Washington Regional Office recommends that Gary Bleau and John Nichols be assessed a civil penalty for the discharge of animal waste to waters of the State. 40. Other Comments: None DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS TYPE: (DD) CAFO - Discharge Violator: Gary Bleau and John Nichols Address: 11440 Hwy 55 W. Dover, NC 28526 Regional Office: Washington 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: Animal waste was discharged into an unnamed tributary which carried waste off of the property owned by Gary Bleau and John Nichols. The unnamed tributary is dammed on the adjacent property to create a duck pond. Waste water has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. Waste water also contains nutrients which have the potential to spawn algal growth to the point which is harmful to aquatic life. 2. The duration and gravity of the violation: The discharge is the result of over application of waste to soil in excess of its moisture holding capacity. The field chosen for waste application was already at or near saturation and thus was a poor choice for waste application. A mechanical malfunction with the irrigation gun may have caused it to apply waste in one area for an excessive amount of time. Records indicate that the irrigation activity took place for more than five hours, apparently without the certified operator noticing the malfunctioning irrigation gun. The lagoon freeboard level was approximately three and one half feet, thus a need for immediate pumping was not necessary. 3. The effect on ground or surface water quantity or quality or on air quality: The field chosen for waste application was near saturation. A portion of the waste water in completely saturated soil will most likely permeate to the ground water. Waste water was also allowed to flow into a dammed pond on adjacent property. On January 5, 1998 samples were collected in the unnamed tributary just above and below the waste application field and also on the downstream side of the dam used to create the pond. The results of the samples are on the following page. Cg 5. 6. Upstream of Waste Application Field Downstream of Waste Application Field Downstream of Dammed Pond NH3 as N 610 8.8 mg/1 82 mgll 1.6 mgll TKN as N 625 11 mgll 110 mgll 43 mg/1 NO2 plus NO3 as N 630 3.1 mg/1 0.19 mgll 0.11 mg/1 P: Total as P 665 1.3 mgll 15 mg/1 0.04 mgll BOD 5.8 mgll 100 mgll 0.8 mgll The cost of rectifying the damage: Unknown. The amount of money saved by noncompliance: No money was saved. Whether the violation was committed willfully or intentionally: No. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Mr. Nichols and Mr. Bleau have no prior record with DWQ. 8. The cost to the State of the enforcement procedures: Staff Time (WARD): Jan 3, 1998 (2 staff, 5 hrs each) $ 197.55 Jan 5, 1998 (2 staff, 6 hrs each) $ 243.06 Enforcement package (8 hrs) $ 168.24 Staff Time (Central Office): $ 100.00 Travel $ 32.20 Total Cost of Investigation $ 741.05 9. Type of violator and general nature of business: A swine farm owned by two individuals. 10. Violator's degree of cooperation (including efforts to prevent, restore or recalcitrance): Mr. B1eau has been very cooperative. He created a temporary dam to trap some of the waste in the ditch and also created a berm at the edge of the field to prevent further run off. He then had approximately 11,000 gallons of waste pumped from the ditch back to the lagoon. 11. Mitigating Circumstances: None. 12. Assessment Factors: a) IWC: 100 % b) Receiving Stream: Unnamed tributary to Neuse River c) Damage Y/N: If yes, include report from WRC. No 13. Include a complete Animal Operations Inspection Form 14. Include a CAFO Designation Letter for the Director's Signature (will he sent to violator with the assessment). NIA a o k to Not iU scale— ik 'tj 04 yis, frvm Pond P)4o'io LUcat ion DirrctioVl of view tvee.rn Ample 5 wc,,.,r, (Neese River F �o❑ _f `" 1� YY i�3�1t a'. .a5• ��' j -•.., _ _ F.^ -• r�4, I� "� .fit �� Y 'fix t, �.�{i _��.ti. - r '��.. .;�•� � � ���y ��+•�e � ��-•}���ti•�`` •����!�:_•:. A '�-1` • • i• • r �' '• 4L 1. _ _ . ill Y •- _ t - � ern' _ .-l" 1 _ �. � �� +a,. -. -., b • +- '"- fw j{ •Ya-� -� �•��:_yC �,����+•• � l7 ' ��r-�� - � fir• rr 4 ••. •.%;.� .iY�--x'•.� fir - ,� •�. .:+ "'+^• r �� ��.�. ,,'fib':#.i¢ r �; '��` \'' r^� � . - 'i; ,y:'SI'�r lti - i y1 �'a ••- •••�^ w TARE •�� �, �w :+_.: �•.�i +��•��� A+ ��. �` -�,' �•• •� •��� _�+�;f ;y,.� . �. .��,jCy • a, "iw.� _�,��.. .. . ;'ELT � ± � .� �s ti � r t` + _• ` � �� iY; ��'�� [ • 'rho r+k� � • a ' + - � ■ � r ti• • - �E s���'�f}f" � �: fir. r is � Y�•� `��� � _r i PA fe ��'� • �r r ram~! _ �, t .;,:� -! .�..-" - �,ti � � r ` � 1 y'' , - z -far. • If I is.wa j:r •;i• y. c �..• f3 tL 'r • { •! � AL IL h ; f • V� . � _ w. yq � t•. ` . k I -f `` .._;.• .!; �'r'� ;fry•.-. �1:�=~� : '.'t' t�`•• I f �i ,f � i � � ' � � �tir� ;� 1 :,: .t='fir: i. ; + •* �'�`'•':3:��;• - � - - • � dr.;• .�yyyl ��' � � � r l......p. jy� .,ti;Y�;;`�;, ::l��� • �r.1 •:� - ` _ .yam �`r',��• �. f ..i s_ _�.Y- �- - .I.�t �� ?1� ", `if !4.- `i..s1 •k. ..� f � �,` NK , ' _ - s + .�. t�;'i fi "r jt trT -. � L �i� � -1= 1 f � ""�', 1, 'j,•' -;'.: ti{, i .� � `��;!!l��� _'�R�` 7 • ' �7■ ` i � �.,�,-�•� 1•tsa� }i +ttv�i .•�, �, I '��:+ �� •'" 1 ` / t' :lS.t •i :� .r• 3'..:, .r,t i f +^•`_' i 11 I t..^i! 'No.- :•t � � a•�r •{ i r �,�� � � " tct ' �� �F�i ^■•F�' + ,tea , A�;�����..:1-i•_.�! •+:,_ j •'• 4 �! ; �-j. �{ Cot,' �' �• �ii�t is wr1; �w'�; t 4� +(� f. 1 ILk =•J-� '�`-'ti�.,._�'�, �� r+t"I`� - li � � ��' ~ ram. iY 1i: r may' s • w`—� z - •- ` 7. '` Y - s :. r .,=�' rr t r "' -F-� +-` `�.-���+;�,.. __�~ ' qK��..#'� • t �!{Y,'i � ��1' � ••/�� 0T,`r�t • � �- It �''� i :��1 /fs�• �Z .wa `.-N�t.`,r,• f...' ..l, T+.,4. b �. r; � "� •� ,' 4-= �•��'��- - �' '43� ,mil{ '11 ,.� t •ff , 1 , . �.,r�. �, r i � (-�- 1R C) State of North Carolina 'T Department of Environment and Natural Resources • • Division of Water Quality Washington Regional Office •�� James B. Hunt, Jr., Governor NCDENR Wayne McDevitt, Secretary NORTH CAROLI A �MLwr or A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NITLIRAL RESOURCES October 19, 1998 Gary Bleau First Choice Swine Corp. 11440 Hwy 55 W Dover, NC 28526 Subject: Notice of Violation First Choice Swine Corporation Facility Number 25-39 Craven County Dear Mr. Bleau: This letter transmits a notice of violation for failing to comply with the Performance Standards set forth in your general permit pursuant to North Carolina General Statute 143-215.1QC.(a). Performance Standard 2 states in pertinent part that any violation of the CAWMP (certified animal waste management plan) shall be considered a violation of this general permit. The violations of the CAWMP include the following: 1. Your waste utilization plan indicates that Field 4 of Tract 5327 should be planted in coastal Bermuda grass. This field is currently planted in pine trees as observed by Daphne Cullom of the Washington Regional Office on September 29, 1998. 2. Your CAWMP failed to contain an operation and maintenance plan, lagoon design and site evaluation as noted by Daphne Cullom on September 29, 1998. 3. Waste was observed ponding in Field 1 of Tract 5327 on October 16, 1998 by Carl Dunn of the Washington Regional Office. The ponding was the result of the application of waste on October 15, 1998 in excess of the infiltration rate of the soil. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 919-946-6481 FAx 252-975-3716 An Equal Opportunity Affirmative Action Employer G. Bieau Facility No. 25-39 October 19, 1998 Page 2 Please provide in writing to the Washington Regional Office, within fifteen (15) days after receipt of this Notice, an explanation for these violations, as well as any corrective action taken to prevent such future violations. Your explanation will be reviewed and could be used as a factor in the consideration of future enforcement action. Please be advised that nothing in this letter should be taken as absolving this facility of the responsibility and liability of any past, present or future violations. 1f you have any questions concerning this matter, please contact me at (919) 946-6481, ext. 212 or Carl Dunn, Environmental Engineer, at (919) 946-6481, ext. 20$. Sincerely, :�� ..— Mulligan Water Quality Supervisor cc: Compliance/Enforcement Group Central Files CrVen County NRCS ,VVARO 943 Washington Square Mall. Washington. North Carolina 27889 Telephone 919-946-6481 FAX 252-975-3716 An Equal Opportunity Affirmative Action Employer i I Facility Number _a Date of inspection Time of Inspection C� 24 hr. (nh:mm) p Registered R Certified p Applied for Permit t Permitted 113,NO1 OPe Date Last Operated: Farm Name: Fist.Clzaicf_S_wiute-.Cnrp .--------•..................•-• _......... ---...... ........ County: Craven WARO Owner Name: Paul..Gan_&-Retzecca_... Bieati............ .......... ............ .. ............. -•---..... Phone No: .......... Facilit►' Contact. ........................... ........ _.......................... ....... Title: ..--....-................... -........ .. Phone No: Mailine Address: ,i,J-44CM-Agra:ay.4=-V.t'.est............... _................... .................... --....... D.oxer N.C...---........................................................ 2852'k.............. Onsite Representative- CxarS:.Eleau................................................................................. Integrator: Murpi y.Fami y.Etrans......-.-................-...-.-.....- Certified Operator: PAul..G..... -- ... ....... -........ ...... Bleau. ................................................. Operator Certification ?dumber:1.6320.... -........ ---....... Location of Farm: Latitude . 1 ❑ Weao to eeoer 113 eerier to in Is Farrow to can C 240 im arrow to Feedcr i'] Farrow• to Fmtsh ❑ MRS Boars Longitude i t ©' 3i44 ie Capactry..- Population our , - F Other -�- metal e . a acx � .,,4 <. Total SS 1 ,039,200 General 1. Are there anv buffers that need maintenance/improvement? p Yes L7 No 2. Is any discharge observed from any part of the operation? ❑ Yes U No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a- If discharge is observed, was the convevance man-made? p Yes p No b. If discharge is observed. did it reach Surface Water? (if ves, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (Tfves. notify DWQ) ❑ ,'es :)No 3. Is there evidence of past discharge from any pan of the operation? ❑ Yes M No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 19 No 5. Does any part of the waste management system (other than latroonsrhoidzng ponds? require p Yes © No m aintenan celimpro vem ent? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes M Na 7- Did the facility fail to have a certified operator in responsible charge? p Yes ❑ No 7i25197 a - act ity um r: 25_39 Date of Inspection 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lazoons.Holding PondE, Flush Pits. etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Identifier Freeboard (ft)-. 3.5 10. Is seepage observed from any of the structures? 11. Is erosion, or any outer threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-I2 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? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) ❑ Yes ® No ❑ Yes a No Structure'5 Structure 6 ❑ Yes ® No p Yes IN No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No 15. Crop type Cn.9sMl 13mmuda.GraSS_. 16. 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? ❑ Yes ❑ No 18. Does the receiving crop need improvement? ® Yes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes p No 20. Does facility require a follow-up visit by same agency? ❑ Yes ®No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? p Yes ®No 22. Does record keeping need improvement? ❑ Yes 13 No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes p 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? ❑ Yes p No Q . oettions.or :mnras•were-not nngs !t . nu xeeeive noer . eeSpo,Al�4eti€ x�liS YS.. - .... . Reviewer/Inspector Name Reviewer/Inspector Signature: ,� 1 Date: 0-16 R� 41 Facilit■ ?lumber IDatr of Inspection Time of inspection 2.4 hr_ (hh:min) p Registered z Certified p Applied for Permit t Permitted JC3,Noi Opera Date Last Operated: Farm Name: Ek_s1.Ch0im_Skwinr_,Cnrp..............w......................................................... Count-,—. Craven WARD Owner Name: Paul.Gan�_&-.Rehecca_ ... . Meatt.--.............. -.................... -.......... --... --. Phone No:.. ---.----- Facility Contact: .. .............................. .......... ................. ___ ........ •Title: ____ ................ ..._........ ........ ................ Phone NO: Mailing Address: 1i4.4f1..Highway:._4_1'-.W..est............ ..... -.............. _.............................. DpYer..NC------------............------•...............--- ........ Z8_zjZfi..-........... Onsite Representative: G.arn:.Bleatt. .... ............. -........... -............................... ................... Integrator: Mtrxlz x.Fam x...arms.......-------...- Certified Operator:EmI.G_................. ...... Bleaz._.......... ...... ............ _................ Operator Certification Numher: 16320........ •...... .............. Location of Farm: Latitude 0®' or u p can to eeaer p ee er to r (gash Farrow to Wean 22100 3 Farrow to Feecier p Farrow to Finish Gilts Boars Longitude r r ■ �° �- i1C7%LL--:---, %,UkA L"74� nF...'•; -IZv s _ -_ a - ..:. _i.%ra+gu '.--'k,UFFC13 _ _:— `Capacity:=Pupulatiau f`Cattie Y:.x aCi Ppu CaW ty lation g y _ air yer -, [3 Non -Dairy • :.F� ;: tt' ice. - -",n' Y'..:F..µ �.'. _.. r 7�" . - ; TOW'Des gn Ca aci2,400 1,039,20 General I - Are there an), buffers that need maintenance/improvement? p Yes M No 2. Is an;, discharge observed from any part of the operation? rJ Yes M No Discharge originated at: p Lagoon ❑ Spray Field E3 Other a. If discharge is observed, was the conveyance man-made? ❑ Yes p No b_ If discharge is observed- did it reach Surface Water? (rves, notifi, DWQ) p Yes p No c. If discharge is observed, what is the estimated Do", in ealimin? d. Does discharge bypass a lagoon system? (lfyes, noiif•• DWQ) 7 Yes p No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes a No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes m No 5. Does any part of the waste management system (other than lagoonsfholding ponds) require p Yes a No m aintenancelimprovem ent? 5. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes M No 7. Did the facility fail to have a certified operator in responsible charge? p Yes w No 7l25197 aci ity . um er: 25_39 Date of Inspection 9-29-98 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures a4goons.Holdinj Ponds. Flush Pits. etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 identifier: Freeboard (ft): 2.8 10. Is seepage observed from any of the structures? Structure 4 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (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? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) p Yes ® No p Yes ® No Structure-5 Structure 6 Yes ® No p Yes ® No p Yes to No p Yes a No p Yes ® No 15. Crop type „._.CoastalB=u1 da. Gras&_.............._.....Pjn a zees _ .� ...M . _ -............ _...M..----..._. _. 16_ Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? R • - _ •Na tions.or ea mems:were.note g t u, vnit:. eau .recut= no er . . ® Yes p No 13 Yes ®No p Yes ®No p Yes ® No Yes ® No p Yes ®No p Yes ®No p Yes ® No 17 Yes ® No p Yes ® No Reviewer/Inspector Name Reviewer/Inspector Signature`s ,, o t.43 .� z� Date: G _ 3ci _� OPERATIONS BRANCH -- WQ Fax:919-715-6048 Apr 1 '98 14:32 P.02/03 State of North Carolina Department of Environment a pO Natural Resources Division of Waiter Quality Washington Reglonsl (Mce ,lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A Preston Howard, Jr_. P-E., Director January 5, 1998 Gary Bleau & John Nichols First Choice Swine Corp, 11440 Hwy 55 W Dover, NC 28526 Subject: Noticc of Reconuncndation of Enforcement First Cboicc Swine Corporation Facility Number 25-39 Cravens County Dcar Sirs: RECEIV I) JAN 8 � 061 iNATERQ UAt ITl' r ; M w. This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation fQr enforcement action to the Director of the Division of Water Quality- The recommendation concerns the violation of North Carolina General Statute 143-215,1(a)(1) for discharging animal waste in waters of the State without a permit. First Choice Swine Corporation is located on NC Highway 55 approximately one mile east of its intersection with SR 1475 in Craven County. An inspection of the farm was conducted by Carl Duren and Daphne CWlom of the Washington Regional Office on January 3, 1998, Anirnal wastewater was observed discharging into an unnamed tributary to the Netrse River which is classified as C Sw NSW waters of the State - The discharge is the result of the application of animal waste to a waste application field in excess of the available moisture holding capacity of the soil. The excess animal waste traveled via overland flow from the waste application field to the untamed tributary of the Neale River. Corrective action rioted to eliminate the discharge included the temporary damming of the unnamed tributary to retain waste to be pwmped back into the waste lagoon and the diking of the waste application field to prevent additional waste from entering the unnamed tributary. 94.1 Washingtoi Square Mail, wasnington, North Caroline 27989 TcleDhore 919-946-6491 FAX 919-97b-3716 An Equal Opportunity AVir.'Pative 1rtian DWloyer OPERATIONS BRANCH -IO Fax:919-715-6048 Apr 1 '98 14=32 P-03/03 G- Bleau 8t J_ Niehols FaOity No. 25-39 January 6, 1999 Page 2 If you have an explanation for this violation, as well as any additional corrective action taken, that you wish to present, please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice- Your explanation will be reviewed and if an enforcem m action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning ibis matter, please contact me at (919) 946-6481, ext. 214 or Carl Mnn, Environmental Engineer, at (919) 946-6481, cxt. 208. Sincerely, Roger Thorpe Water Quality Supervisor cc: x3oE mpliance/Enforcement Group Contral Files Craven County MRCS WA-RO Jim Mulligan Preston Howard Ernie Seneca N3 iaa$hington 5cvare Mall, Washington, North Carolina 27889 Telephone 919-946,6481 FAX 919.975-3716 An Equal Opportunity Affirmative Action Employer SENDER: sComplate items t andlor 2 for additional saryicas. i also wish to receive the ` Complets hems 3, 4a, and 4b. following services {for an Pdnt your name and address on the mveras of this form so that we can return this 9xtra tee): card 10 yo. ■Attach thisufame to the front of the mailpiece, or on the book if space does not t. ❑ Addressee's Address parnit. sWdte'Ratum RocW Requested' on the mallpiem below the article number. 2. ❑ Restricted Delivery s'rha Retum Receipt will show to wham the ar ice was delivered and the date c delivered. • - Consult postmaster for tee. C 3. Article Addressed to: 4a. Article Number a-2 3 31211 E GARY BLEAU & JOHN NICHOLS 4b. Service Type 9 FIRST CHOICE SWINE CORP ❑Registered 19Certlfied � 11440 HWY 55 Vd DOVER NC 28525 ❑ Express Mail ❑ Insured ❑ Return Roo* for Merchandso ❑ COD 7. Date of !livery I d I�—,v a '5. Received B . [Pri Na j 8. Addressee's Address {ONy 1f requested fee is z c i �! and paid) 6. Sig t ra: Add a -Age134 y ` i 4 PS Form 38,December 1894 02595-97-8-0179 Domestic 1 yolk. Nc, UNITED STATES POSTAL $E � E a N M tLp ur ,r o N JAN • Print yoTiNime address, and ZIP Code IF'fhi,4"6ux • MR ROGER THORPE DWQ 943 WASHINGTON SQUARE MALL ;VASHINGTON NC 27889 S9 -i!llil`klil11E111�!lEfiiilllll�lililikilllii�l�k�k5�lll�Fil�kl� OPERATIONS BRANCH - WQ Fax:919-715-6048 Jan 20 '98 Hurst Choice Swine Corporation 11440 NC Highway 55 West Dover, North Carolina 28526 (919) 638.6811 JAN I)VATER QUALITY SECTION January 6, 1998 Mr. Preston Howard Division of Water Quality Dept. Of Environment & Natural Resources Archdale Building 512 N. Salisbuiy Street Raleigh, NC 27604 Dear Mr. Howard 10:58 P.02/06 a,I' � TM r iaz (919) 63&a4S7 iN% ifiV3 N05-Diochag9 COMP[Ianm Eril. This letter is to inform you of aetiQns taken as a result of our recent overspraying of a field on First Choice Farm. 1. The bc1t which failed has been replaced- 2. We put in a temporary dam to catch any water which ran off of that field, and placed a berm near the ditch to prevent further and future run off. 3, We had Heath Septic Tank Service pump 11,000 gallons of effluent from our ditch and place it back into our lagoon. 4. Our 1998 farm plan calls for three water control structures being placed to prevent run-off. One will be located at almost exactly the same site as the current temporary dam. These structures have been ordered and should be in place within two weeks. 5. We have changed our practices when the spray equipment is running and now require that the equipment be visually inspected at least every hour. I am also including for your information our spray records which indicate that 33,075 gallons of effluent was put on, the field in question on the day in question. After checking this log, and the area, I question that 20.000 gallons seeped into our ditch. i 399 273 301 US Postal Semce Receipt for Certified Mail 1I GARY SLEAU & JOHN NICHOLS FIRST CHOICE. -SWINE CORP 11440 HWY 55 W DOVER NC 28526 I P.-I-ge 1$ s _11�a I Fee Special Delivery Fee Restricted T ce N. Ln Reltan pt 5howng to, f ! D Whom DDaa '+ ` a n & Ad wwt'on'' i U" I CD TdTAL osfag & AN rip y, 0 Ppslmark m ale' N ty V y E EL cn EL OPERRTIONS BRANCH - WQ Fax.919--715-6048 Jan 20 '98 10:59 P.03/05 (2) In any eveAt, 1 believe steps 4ave been taken which will prevent any future effluent from leaving our farm. If you have. any further questions, or need further information, please let me know. Very truly yours, ohn M. Nichols President OPERATIONS BRANCH - WO Fax:919-715-6048 !' mull LrRJ 1 L4-- SW 1 Nt F Hhq'1 NHWrA= NU. Jan 20 ' 98 10 : 59 P. 04/05 x �J.y 5e� atppad .Jan. ea iyea WV;r�. Billy MTank Wintords, NC 2M 1072 0 all, vo - =' mm r J j I R.n[iiBlt' ).-1 I Porim fRit-2 Lago(ir] lrricgalion Fields Record We Form !f or F--ach Fold per Crop Cycle Track IT 1 f=ic+tl /, fsacilily Rtiniber �� Eli H eld S int; (aucs} = (A)-- Fa►rn Win er � 1 fG lrmu n±!+]rl Uper retlx _ _ -- -- -- rAd[irou,_-- Ow17ar"s f•'hal:e J� `—� ^� — -- -- ' f Operatotrs 111- one aI- 1-=rom_Waste Uiilizatloti Plan Cry 7yrel C— i - R emn-ummlo i uM uad.,q l rs. Ml Mt 731 Lil :n5 f71 rrrl !m II'M 1)It pale irlow,1wr ` SWI That TnJal Uolem;e (;allhns) (a)* Oi�'.{N) VMsLz A n+ryas I AN' j1411DO (mi- pArt-Aryiied [IW`�cre[ 'Afro. land rlilcagcn liaiance r IIUlatre) RiF - JXQCry? Trrue 'frilsfTt>P4VA1fjj mimile ri-3]-121 rof sprinp.kie f k3b' ILmlu �ylirellin] vulunl4 perRuo (WWVJCIU) j(!L ? r r i 1 Crop Cycle 7olaN I w �! - � �. .,. i Cimm's Signature Op ntoys Si�eiafure Ceriiflodopera[nr{Prinz} —~ ' Operalats 1'o(Mcalloii No. r tdCCui�Nasle �lnayiysis nr t=llui+eait:t]i or t��► C:sli�]:aie,'�erhnirrai �'rlJ3 ! �clia� 6;i3. Clter he arliue received by sfrhtraqirlrD cc4un rr,(tO) hanr (13j. , D}�irti[e ul>11acli�>y cvFur�yn tlfij trcxn aoizelxur t� fJ Fullvw#ri{� cacls irrigallnJl everTl. i • i . 4 ly 7 N O O Cfl to OPERUMNS BRANCH - WQ Fax:919-715-6048 Jan 20 '98 11:00 P.06/06 ,•, , .•_�••r. il•L lie U1 n h1�0-d%L •+ J+•YVC Y LVV116J VVV4. " U I 2. sunup lumber CON001TT CREDIT CORPORATION 1 3e. Farm Nurrbar - 4265 a } b. Tract Numbers) 5327 I d. Contract Number : 19970012 Ca H Sf R V A T I OH F R 0 G R A H Ca N T R A C T I S. Fund Cade .3701/1997 1 6. HUA Number ; 03020202D713020 IZ0.',;AH I a. ConservationForm00tidr 1• J b. Conservation Reserve Program I I C. EnVironmental Quality Incentives I ri-rieck One) I (CFO) I I (CRP) I I Program (EQ]PI I x i d. Farmland Protection 1 I e. wildlife Habitat incentives I { 1 Pri)grgm (FPP) 1 1 Program (WHIP) I ' 3. k.041 9.AC T LANGUAGE 1+1: c011 ,AC' is enterrd into between the Coamodsty Credit Corparatsan (rc►erred to as "tCC•) and the undersigned owners, operator: :�r.nts (rererred t3 as 'Owner-. 'Operator" & "Tenant': respectively) an the fare Identified above. The undersigned person or ••.I•r•t Snal'• nereatter De referred to ii -trie Participant'. The Participant agrees to participate in the program designated in dur;nq the stlt)dlated con-ractt�arind identified in Section 9 from the date the Contract is executed by the CCC. The I;:ant. also agrees to implement the Conservation Plan developed and approved by the Participant and CCC. Addltldnally, the :yam: and CCC agree to comply with the tern* and conditions cvntaintd In this Centratt. intlading the appendix to thix Cvn- treLL, cK iLled 'AppePlix to Farm CCC-12001 for the appllcaule program (referred to as 'Appendix"). and any ad4endum thereto. The Participant also oyrtes to pay Such applicable liquidatkd damages In an amount specified in the Appendix for the e9plicable prograt If t-ie Participant withdraws Prior to CCC acceptance or rejection. BY 5I6NIIIG THIS r0lln .tT, PARTICIPARTS ACKIROHLPhaE RECEIPT OF TwE F"•LnJWIHG FORKS CCC-1200, APPENOIX, AND ANY ADDENDUM THERETO. .. --- ---------------------------1........ ----- 91. PERFORMANCEI•PAYNENT SCHEDULED FOR CONTRACT :rrrsc3l I I Can!-Shara•••1-•�off&rad I Total Cost- I Year Code I Tecnr,ical Caae Name I Units 1 Incentive Levell Level I Share Incentive I Schedu] 1•---•------ 6------------------------------------ 1... G ------ D-------�---- t - -- 1--...- t ....... I---. . =.r? A i Prescrihed grazing (AC) l 87.6 I 100 1 1 I 1997 Nutrient management (Ac) } 87.6 I 100 I I < I 199i I Pest management (AC) I 07,6 f ivo I 1 ! 1997 I Pasture 1 hayland planting (Ac) 1 17.0 J 100 } 100 1 2986 I 19" 6,`•:b A I Prtscr!Ded gra2ing (AC) I U7.6 I 100 J 1 1 1996 .bsi i 5tructura for s,ater control (No) i 1.0 I )D0 I l0O I 118C I 199a 7:.i1 Structure for water control (No) I 1.0 I 100 1 1013 J 722 199$ Sol Strwcturs Tor water control (No) 1 1.0 J 100 I too 1 i1B0 I 1996 /5.0 . hutrlent management (Ace I 87.6 1 100 ! I I 1998 ;A -it PeS_ manageneni (AC) 1 87.6 1 ]Go I I I 1998 Prascrshed pra2lnq (At) ) 87.6 j IGO I J I 1999 V HIE^tens Nanaflement (AC) J 887.66 1 M l I I 1999 v l«, PiAf- I1 aneigement ',Ac) J 87,6 1 100 I I 1 1999 .� A Prestrlbed grazing (Ac] 1 87.fi 1 100 I I I 2000 i7C I Nutrient management (Ac) I 07.6 I 100 I J I 2000 ^9+, I Post manatamant :Ac1 I 87.5 1 lao I I 1 2000 ;!p a I Prescr'Dec grazing (Acl I 67.6 I 103 I i 1 2001 i4c I l+utrtgnr. management 00 1 87.6 1 103 1 1 1 2061 pest management (AG: I 87.6 l 100 I I J 2001 1 f E 1 1 I [ S I f l I I I I 1 I i I I l 1 I I I I l • --------- ------ -1- A.%REEHEHT PERIOD Fran: 09-16-1997 To_ 09-30-2031 9c. CONTRACT OBLIGATIONSS ----. t$J- -- ---------------------------------------- ------------•....---------•-----------------------------•----.-.-...-- l0. CONTRACT PARTICIPANTS -------•-•--•---------------------------! - _ ..---- -- --------- ---------- ----- -- .:'•"sE. AO0RESs. and PHCNE N(;MBER i OW '-4P' I PAYNENT•1 ]0 8UKRER: id 56 IBB5932 E S1 CHOICE SWINE CORP 919.638-69111 I I SNARES 1----------------------- ..... ........ --- -=---- ,� lox 15269 1 1 I 1 SIGNATURE: DATE rlEl, BERM, NC 28561-5268 J I X 1 % I I l I I NAME, ADDRESS, ana PHONE NUNSER I OW I OP I PAYMENT I ID NUMBER, Jl lI i SHARES I•......-•-----------------•--.-.---. ------------------ I I I I SIGYATUR£: DATE 1 I I s l ----------------------------------------------------------------------•............. ..---------------------------•.-..:... .I- C_C USE ONLY - Paymaoti according to tFv rharse aPProvad. J SIGNATURE OF CCC REPRESENTATIVE DATE I I I ,Ini�q operation I0. if awlicable- 91/96/1998 02:45 9136382372 FIRSTCHOICE PAGE 01 3W-06-4M 13!18 FROM MILLS $ id ILL-- TO qr r• 63�372 P.01 aSiV11995 22.2e 919-755-1994 JQ44 NICHOLS v# •�- V North Carolina Cooperative Extension Service ig0117ii CANXINA STArA UNIMS sY COL,Gi�b OF AGRtC�]1.T[iRs & [.IF6 aC�-s Crwe� Coral. Crater. 3oQ lndesarisi �' +Wr aNgRZ 19141 6?3-1-977 FAX (91" 631412O JUM 6, 1997 my. Gary slaR11 2102 iasataa Clilta Drive NOW Darn. N. C. 20540 Xr. Jahn >iig holxs 45ol caateret Vr1Y4 now be=n, Me 211s4; pear mr, blears and tar. Richvlast At the requast of Mr. Gary alaau I vioited >rirot Gheies yarlms an ►"rvadoy, May 14, 1997. The Durposo of the visit Wee to identify *,doe type Of aquatic wood grpw1nq in an impounded pond located in s, wooded area adjacont to the farm. I•%ack sasaplaa from the por4 and sent the wood to our 10 for idenelfication. it war. identified as "puck cud^. it is a mnall, floatinq green plant which is often, sxsta➢en far aigas. It Is roprodwoed by means of fragmntatien and is common in quiet waters such as ponds or backwaters whiCb have little yr 'no flow. This wed Was aloe round is a Pxudr halo U,, the road going down to the pored. As for the grater oomplea t*Lk&n by ATOlia LngkReering I ma" the following CO11R ahta2 a. Nitrate/nitrite lev*u are iass mean Ina (.Xppm). This ouggo*rA to not that there are no nitrate, p=obl.mo in tha water. You would vrobab.y got this myseh out of any stump hole in the wDe4s. b- 16r-al Coliforn at 203C011100ml is higb • I would suggest cO"taet:isf{6 for more intormati.on W those numbers. This ppand is en impoundment rer duck and other wildlife thersloXar, it is not surprising to me to ays Coliform+ at this level. c. Biochemical vxyyan Demand io 2.04 Vrt now com"red to 6M in 19P4. The 1wer, tho better. SHOO is better now than it was ,in 1994. If you 0044 ,eny feara information concerning this wood., please 10anuct lme. Billy Dunham 01/06/1999 02:45 9195382372 FIRSTCHOICE - • • - mr - n►r. • 1 219 522 3M PAGE 82 j&-- 14 199 r 11, MW4 R4 y • Frog a LMM a L&A TECWL<K;T, IRC P.D. DFAVER 9e9 BIMWAY 17 if E= RRMICT-Ov, VC 28819 l►pril 27. 1997 Tu: AVOLI$ NMXNURINQ P.O. D= 12564 MM SOW, MC 7450-3.5e64 . Wilm I Th* rflllaxinq =alyytt��, Dal Z' "u,lts hove boon obtained 'for the Lvdicated &UTIe +a�iCh Van submitted to this Wmratveys SaWle t.a. BR27070 Location code: v2BRI Purchaes wder uUmbers Faxation aescriptiOw BUZLUbS L°QR1Q8it =0 colloctorl R. #voLis If colloetiaa datar04/20/97 Times 13:30 I.d1 suWltt4a datet 04/10/97 TIAOI 14 930 #arwter 11*raiti twit* 319CSXM xL =FUR ngKM BDAY 2.56 FECAL i7OLVO t1'[ � YS&TBA 7u3 aQo1/100=1 14MATZ-01TRITM ]�ITR4G�e1 i0.1 ppal Sample coxmnts s %WE RK S FU ■ILZA�Ip� ppEl{1R ar thw-4 are 4my 4wetivaw-rogarding this datar pleas• call. i3R8RA 7.$O71Lr.L' t.awnaalORY MCRVISCYA iM S 0.200 T7Tr- P. a4 ,� w-►�-r 01W 4 "—' Canvas COMM ZW=OWXEV" UAVM s+►anmuTOx 281E 81 va. Vo nrarrr 126117 USS Bern, 4W 28561 19193 636-�936 F+sWL E):QUISITIO14 and REPORT rOM [or MA970MT= AKAUSES d System ae f/i►zr4ai Earr=r�.iy r it. sampla(a) Site address Samplc Nasre j`1 Collection Date _ �v _ am t!a yNp}a Rtllj GpwIe Type 9amplels] Scaled and neliwmizhed W re lwa) Sampl Date/Time Addi. Liaanl Samplp inlorration * Mich samples are chlar.inated? [initial, xeaponse} Are chlorinated samples ror ammwha testing { Ca container vit'h asfd ]preservative) dechIcTi cited inowdiattlr after p Collection? [Initial regon=si p� a Ara samples Collacted on ice [ eeeVOOd degrees Cl, kept sealed amd on -toe during ahipmmt and storags7 a (ini t l al rerponx*) sasple [ s) a's ye a rKdaiarm�%C rOethe A'1i §M7 AA sample rwaived in lab bT I3atglTim@ S7ee",e4ir+� ace samples received sealed, on ice, then reEslyrsated at 1.0 - 4A dQgraes C? (Initial.responsey�� I9 the pH of acid procerved sampLes leas than pu 27 [initial regponse] - Check Tests Desired Each lab vaimlt is ecr9mp3Ried by analyst's fnitjala and date teat Inftiated. %W14 - Calk **M T*w 30 pA PoInt 10 ❑ Fwa1 cpT Ida'e Kmw ah l2tt:o� ❑ A U ayilk.�" %00-1713 P+ we-a.a ❑ 01WIh n�p/L 4500-C1-c■ nrewt.0 !ftl ED iM 1-f �� 1dO.?+` wc-).a o W L..3 nuA M.T+ .irrtl-0 aqA , 11��77 RR Uwe ffrv1.o WL 1-`r &*T Ph= [�J s„w 313.3� rsrC•f+.l oriho PFKO WA m.O r @WL J �7�y [acre tainfmun xapocted 41taMagd Pietk-,— T EretlWo oni for eaCt1 pe=aaeter noted) 18th ad [19923_ iahoratary SupervtaCrl Mph - 60014,79-C20 Rev. March 1"3 • —44 asap 4 bottle oea C ACJU prraervatiae. Store and trmospw In an vprigbt pltidition to pmwPont leaking. Nosh spills ►lith cop4. oe amounts of grater. Remove contaminated elatMmg. !1C-t]SNNA - aaP Corti-lLwte no. 325 rl.AzQRxP,Pw"96 nd m m r-� W mm c Ln LO LO v, k) N -T CRAv724 caviriz =VzRGMHXn4 NZAI' H LABO Cay lei 11euse alvd. IUD Dra~ 12610 aw 8ex1n, = 20561 (919) 835-4936 R1RNjsr'izw and. 8Eer011T ?w fnr WAMWALaR A17ALrm srataa none ``& r eZ SwVle(a) -Site AadreSa saaple Nara 4 � Collection bate Sample Type Ieh - r�A...�samplelsi) Sealed and nalinquished to s6s4lsvler- 019c7 Ier) A3ditional Sande rnfrnat ion_ -- Whim samples are chlericrated? (Initial response? �!� Are Phloriasted eagles for- ammonia t ins ecn-oup con axner with asW Preservative) deuh<ortnated Immediately after 0oltectioa7 (initial reapanne) Are samples. coL,ecterl w) !CS ( nerved at 3 grees C ,kept sealed sad nit ice during shipment fW storage? (initial response3 SwWe(s) appearance It notable k g1mrn A, 9assple received in lab by dic. - Date/Time Are samples received sealed, on ice, then retrIgerated at ).0 - 4.4 degrmwa {Txtitial,responwi is the P[ of acid pralierved sa 1plea less than Of 27 (Initial response) Ourck 'rents eesired Each lab rlsu[t is accr=panied by analyst's Initials and data teat inaf.iated. 3r�1. Eal7enson lfmr swPIM Pdurt 10 ❑Five Califc I 'IaB a1s �+MOR1. 4+''00-m+s FN 66 -O-C" ^rsa agA 16v.Z" ❑'raS SOL 160.1" 2 1.0 ivA E210s wxwl,0 WWL �Tve1 Ph= 3SL3" tee-0.1 am ftm 1pR MV C.•e kart (Sinimum e, orted canoentratioo) fox each paraaeter noted? IM W 0992Y. Laboratory Supervfscr Id AW es HA - 6 Q14-79-M Rev. [larch 7961 ' s�reeq cap ssnlp e t * wm su Eve c proserrative. Stow and ttmnsport is an upright >pcsitiun to $wnwmmt Leaking 11a spills .dill noQloue eaa+mle Of rater. IAMOVa aainatad al othinq. NC DBHNR - DWO Cecti#icater No. 325 PI.RSQE'tCP.FB!!96 m rs a UP e i -- _ r ' • --- • GMvM COMM M=HCOMMM. IMAM rnaanasO" 2818 !haze Blvd. as twever 1261D New berms, 11c 2aS61 (9191 636-0930 A JSSITION and MORT rMN for %WnrowrR ARhwSMS Spcteu mama ►n"ra e � 9aMpIaO) Site lkidr28a ample Name _._ Colleztion Date [� on ar�p1� 6ottly) Saerpl$ Yypa - SampleSs} Sealed and relinquished to gawpier Oate/Tiwe 3 ) ^-zD Additioaai Saaple Infoxuation i 1��1�r� Q// eti}_ rt_��- _. Which samples are dLlurinatedi MlLtlal regoamw) I/3 - Are Chlarinated samples far ammonia tass (I (g carp acnta nar with acid pressrvative) dechjorinsted iaeediately after eollectien? {Iaitiel rezr.=e] M km &aapplos collected an iue (preserve. a f ldegree—�), kept aenled and on ice dqu�r3ng zhipmit and atcz&w IlAitlal "Pause) Saa�ple(appe�rar�F 1 notabl147 gmvle received in lab by __IT�� 1latelzise arwt � 4a !3 _ (SSQ+rc�� are samples received sealed, an ice, then sefrtgerated at 1.0 - 4.4 degrues {Initial -response} is the ptf of ar-M preserved samples less then pH 27 (Initial repponaa) check 'feats Desired Zach lab result is accvnpanied tit analyat's iuttiala and date teat initlatad. Heel■ Gel PeAlk" T1.,m 31+1r ftwt to ©Pr^M1 Ca]iF� MUM els SMAO bPt711fa Ave& " 350i1-MM P nNNO, 5 rqR Mark* MpiL 49=-4Ci-:' = I. s 1L -ry155 LJ M& M.[" a 1.0 NA VCRs p/I- 16f-1" rxvi .0 -qIL �qlL Snon tro-z.e watL �r,�l Phn .q� L* 36S.P& ■no-0.1 M& GrGa Phac mu& MY3- tr Di vA. �•�� f S Rb [sre Wnirw repartad concentration} foc each pars ater natei3l St�6t c, 18th 3d (1992). Laboratory aLlpervisar k RF14 W914-79-070 Ww. rlarch 1983 +*w Cmv xMv a battle aM ■ a MCIA P"Merrative. 3tor'a mW erattfport En an Upright 8Va.LLJM tv pretreRt le+hiug. 11aath OV1110 with ropiews snoronta of water. R4wv9 cantminate4 elothing. W- - Dkp Qaatificatm rm. 32S 2wCOR". FAM96 m m w LO LO W nmi Ul 1 F LO m w w N W N S�1 WASH rN�T�� �F ii �rcF Division of Environmental Management JAN 0 9 1998 CMIN OF. CUSTODY RECORD A M For Investigation of S-� Ckb +CL 15z, w e Ctl r Samples. collected and Ma forms completed by: b Only Iab"Ho. Station. Na. Station Location Date Time No. of Bottles a�a +r ; I ► 001 os 1 a 45 3 filfdQ 3 7+s►-. Ric !cam i 3�.0 Re,linquis 8i ture3: Received by are}? Date Time el Rec by 1 Rec by z Rec by (Lab) - Method thod of Shipment: Seal by: Secur ty Type and Condition: Lock b Broken by: en b f ■R nCV f ry For Lab Use ONLY DIVISION OF ENVIRQNPIENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM IDM1) ISMTY YAr 1 2Q- „ ,,,,,, _, _ �� PRIORITY SAMPLE TYPE BASIN f �+ RO EIAMBIENT D ❑ 0 1EPO RO II:PORT TO: ARU FRq MRp RRO .WIRO WSRO TS QA STREAM E•FFLUENT LT Sm 13COMPLIANCE Er ❑ LAKE ❑ INFLUENT leper CHAIN OF CUSTODY khlpped by: Bu url r, Stall, Other EMERGENCY ESTUARY Lab Number; Date Recelve Ifni Ree' b • From: 8 Courker•I nd Del DATA ENTR Y: CIS: DATE REPORTED: :OLLECTORIS3: ar I e v) ! �^ !slimated SOD Rsnq 0-5/5-25/25-69/40-130 or 100 plus STATION LOCATION: seed: Yee ❑ No❑ ChlorInaled- Yes ❑ No ❑ REMARKS: us, 5latlon #/ Date [�Begin ivy/mm/ddd) TSme Begin Date End Time End Depth DM D$ oBM Value Type Composite Sarniilr+• e -- - Z>: C� I r .]-Ti r r A H L T S B C•(3' GN]C?C I BOD5 310 mgll 2 COD High 340 mg/I 3 CDD Low 335 mg/1 4 Colllorm: MF Fecal 31616 /100.1 5 Colllorm: MF Total 31504 /100m1 b Collformr Tube Fecal 31615 /loom[ 7 Colllorm: Fecal Strep 31673 /100m) 8 Residue•. Total 500 mg/1 9 Volatile 505 mg/l In Fixed 510 mg11 11 Residue: Suspended 539 matt 12 Volatile 535 m9/1 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to pit 4.5 436 rng/1 16 Acidity to pii 8.3 435 mgll i7 Alkalinity to pH 8.3 415 mg/1 18 Alkalinity to pit 4.5 410 mg/1 19 TUC 690 mg/I 20 Turbidlty 76 NTU Chloride 940 rog11 Chi a: TO 32217 ug/i Chi a: Corr 32209 ug/1 Pheophytln a 32213 ug11 Color: True 80 Pt -Co CDIar:IpH } 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/l Fluoride 951 mg/I Formaldehyde 71980 mg/I Grease and Oils 556 mg/I Hardness Total900 Mgt] Specific Cond. 95� uMhos/cm2 MBA5 38260— mall Phenols 32730 ugll Sulfate 945 mg/l Sulfide 745 mg/I _ NH3 as N 610 matt - TKN as N 625 matt - NO2 plus NO3 as N 630 rug/1 J P. Total as P 665 mg/l 1104 as P 70507 mgA P. Dissolved as P 666 mg/I Cd-Cadnrlum 1027 ug/1 Cr•Chreenlum;Total1034 ug/l Cu-Copper 1042 ug/I Nl•Nickul 1067 USA Pb-Lead 1051 ug/I Zn-Zlnc 1092 ug/I Ag-Sliver 1077 ug/l AI -Aluminum 1105 ug/I Be -Beryllium 1012 ug/l Ca-Calckum 916 mg/I Co-Coball 1037 ug/t Fe -Iron 1045 ug/k Li -Lithium 1132 ug/I Mg-Magneaium 927 mgA Mn-Manganese 1055 ugtl Na-Sodlum 929 mg/I Arsenic:Toral 1002 ug/I Se-Selenlum 1147 u911 fig -Mercury 71900 ug11 Organochlorine i'esllcides Orgagophosphorua PeFrlekles Achl 1 kerblcWee Hale/ Neutral I:xtracenble Organics Acid Cxlractable Organics Purgeable Organics [VOA bottle reg'd) t'hytvlrlaokion Sampling Point X Conductance at 25 C Water Temperature 10 U.O, moll PH Alkalinity Acidity Air Temperature ICI PH 8.3 pit 4.5 pit 4.5 pit 8.3 2 94 10 300 it 400 ■ 82244 431 82243 182242 20 Salinity R Preclpltion Grt/day} Cloud Cover S Wind Direction iDeg1 Stream Flow Severity TurbldIty SeveI I I y Wind Velocity M/H can Stream 1lepih h. Stream Width It. 480 45 32 36 1351 1350 35 64 4 DMI/Revkse.l to/R6 DIVISION OF WATER QUALITY Chemistry [.a bu rn tory Report IWater Quality El SAMPLE TYPE COUNTY CRAVEN PRIORITY RIVER BASIN; ❑ AMBIENT � QA ❑ SfREAM ❑ EFFLUENT REPORT TO - %VARO Regional Office ❑ COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT Other t ❑ EMERGENCY ESTUARY COLLECTORISI : DUNN Lab Number : $ W O020 Date Received' IM198 Time Received : 8:40 AM Received By 1G Estimated HOD Range: Station Laritlion; IST CHOICE SWINE CORP Seed: Chlorinated: Remarks: Station a Date Brkin (yvlmnrldd) Dote End Iyylmmlddl Time Begin Time End I Depth - DA1, DB, DBM Vrtlur Type A,11, L Compwite-T, S, Sample Type 980105 1245 X DOD 310 5.6 mg1L COD High 340 mglL COD Lam 335 mglL COIiform MFFecal3[616 IID0mT COlifom+: MY Total315D4 IIDDml Cal iform tube Fecal 11615 11DDml Coliform: Fecal Strep 31673 1100ml Residue: Tote[ 500 mglL Volatile 305 rnWL Fixed 510 mglL Residue: Suspended 530 mglL Volatile $35 mglL Fixed 540 mg'L pH 403 7.5 units Acidity to pH 4 5 436 mgrL. Acidity to pH 8 3 435 mglL Alkalinity to pit 1 4 1. 5 m" Alkalinity to p114 5 4 10 mglL TOC 630 mg& Turbidiry 76 22 N7U Culi futm Total Tube "I I DO m is 1 COMMENTS-. Ch Ioridc 940 mglL Chl aTri 32217 uSIL Ch1 a. COW 322D9 uglL Pheophytin a 32213 uglL Color: True 30 C.U. Color; (pH ) 83 pH- c.u. Color: PH 7.6 82 c.u. Cyanide 720 mgRL Fluoride 951 mglL Formaldchyde ?IS 80 mglL Grease and Oils 556 mglL Hardnns Total900 mSfL Spcci6,: Cond e5 um1r031Cm2 MBA5 39260 mglL Phenols 32730 uglL Sulfate 945 mglL Sulfide 745 mglL Boron Tenn in & Lignin ug/L Hexavalcnt Chromium uglL X NH3asN610 8.0 mgfL X TKN an N 625 11 mjVL X NO2 plus NO3 as N 630 3.1 mgll. X P: Total as P 665 1.3 m PO4 at P 70501 moll, P: Dissolved m P 666 m K•POlassium m Cd- Cadmium 1027 u Cr-Chromium;TOtal 1034 ujVL Cu- Copper 1042 u L Ni-Nickel 1067 u Pb- Lend 1051 u Zn- Zinc 1092 u IL IV -Vanadium UWL Ag- Silver 1071 uglL AI -Aluminum I105 u 1. De- Beryllium 1012 u L Co- Calcium 916 m L Co- Cobalt 1037 u LfL Fe- Iran 1045 v L RFCEWD HINGT[1N OFFICE 3 D 2 1998 D. E. M. )IV1ISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) 1 :OUNTY r�-�- 1--� PRIORITY SAMPLE TYPE PMASIN ' ❑ AMBIENT ❑ QA ❑ STREAM ❑ EFFLUENT EPO T TO: RHO vj� EP�RT 7O: ARD FRO MHO RHO O WiHO W5Rp TS BM F ❑ COMPLIANCE ® CHAIN ❑ LAKE ❑ INFLUENT that OF CUSTODY hipped by: But gn.6!er, staff, Other ❑EMERGENCY ❑ESTUARY OLLECTOR{-S}: �t� ■t-Imatad SOD Range: 0-5/5.25/25.65/40.13 or 100 plus STATION LOCATION: �--- REMARKS tT1-•LL�7 %ad: Yen ❑ No ❑ Chlorinated. Yee L! No ❑ nation # Date Begin (yy/mruldd) Time Begin Date End Time End Depll. DM DB DIt6 ' 0005 310 mg/I 2 COD High 340 mg/I 3 COD Low 335 mg/I Collforme MF Fecal 31616 /100ml __4j $ Colilorm: MF Total 31504 /100m1 b Colilorm: Tube Fecal 31615 /100ml 7 Colilorm: Fecal Strep 31673 /100ml 8 Residue: Total 500 mgll 9 Volatile 505 mg/l 10 Fixed 510 mg/I 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mgll 14 pH 403 units is Acidity to pit 4.5 436 tng/I 16 Acidity to pit 8.3 435 mg/l 17 Alkalinity to pH 9.3 415 mg/I 18 Alkalinity to pit 4.5 410 100/1 191 1TOC 680 mg/1 20 Turbidity 76 NTU Chloride 940 tng/I Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:tpll ) 83 ADM1 Color: pH 7.6 82 ADM] Cyanide 720 nig/I Fluoride 951 In Formaldehyde 71980 mg/1� Grease and Oils 556 mg/I Hardness Total900 mg/I Specific Cond. 95 umltos/cm2 MBAS 38260 mg/1 Phenols 32730 ug11 Sulfate 945 Inall Sulfide 745 mgli Fnr 1.aL Ila.e ONLY Lab Number: Date Received f Time: Rec'd Fra_m_ : 8 Courier -Han i1�1 DATA ENTRY BY: CK: DAI L REPORTED: - C`�; Value 7 ype A H L 14113 as N 610 mg/I THN as N 625 111011 NO2 plus NO3 as N 630 m9/1 P: Total as P 665 mg/I PO4 as P 70507 mg/1 P: Dissolved as P 666 mg/I Cd-Cadmium 1027 ugA Cr-Chromlum-Total1034 ugA Cui opi,er 1042 ug/1 NI -Nickel 1067 u9/1 Pb-Lead 1051 ug11 Zn•Zinc 1092 ug/l AU -Sliver 1077 ugll APAluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca•Calclum 916 mg/1 CO•Cohall 1037 ug/I Fa -Iron 1046 ug/1 composite Santµh! 'i'yge T s t1 C G GNxx LI•Llthlum 1132 ug11 Mg -Magnesium 927 PINS/I Mn-Manganese 1055 ug/I Na-Sodium 929 mg/I Arsenic:Tatal 1002 ug/I Se -Selenium 1147 u011 Hg-Mercury 71900 ug/l Organochlorine Pesticides Organophosplwrus Pesticides Acid fterbid s Base/ Neutral Extractable Organics Acid Extractabie Urgaulcs Purgeable Organics {VOA bottle reg'd1 Phywplanktou Sampling Point % Conductance at 25 C Water Temperature C D.O. mg/I pH Alkalinity Acidity Air Temperature IC) pit 8.3 pit 4.5 pit 4.5 pH 8.3 2 94 10 300 • 400 • 82244 431 $2243 182242 20 Salinity S Preclpltlon On/day) Cloud Cover % Wind Direction(Degl tream Flow Severity Turbldity SeVerlty Wind Veloclty M/H tan Stream Depth It. Stream Width it. 400 145 132 136 11351 1350 135 64 14 DMI/Revised 10/86 DIVISION OF►VATER QUALITY Chemlolry l,nboralury Report llt'ater Quality Lah Number : 9WO021 Wl SAMPLE TYPE pale Received • 116198 COUNTI' CRAVEN PRIORITY -I ime Recei"a : 8 40 AM RIPER BASIN : ❑ AMBIENT 0 QA ❑ STREAM ❑ EFFLUENT Recei,ed llv JG REPORT TO WARD RegionalOffice COMPLIANCE l CIFAIN OF CUSTODY El LAKE ❑ INFLUENT Other El EMERGENCY ESTUARY Data Released AR COLLECTORISJ : DUNN 2 Date Reported I130198 SHIti(3 Gv OFFICE Ea lima led BOD Rangr: Slalion Locnlion: IST CHOICE SWINE CORP - Seed: CMorinaled: Remarks! FEBL 0 7 1996, ' Station 0 Date Begin lyvlmmldd} Dale End (371m?dd) m Time Begin Time End Depth • DM, De, DBM Value type • A, It, L ComPosh a-1" 5, Sample Type 990105 1305 E. lily ' X BUD 310 100 mg+L COD I Iigh 340 nigiL CUD Low 335 ntg1L Coliform N1F Fecal 31616 Ilooml Coliform. NI Total II5D4 1100m1 Coliform tube Fecal 31615 IIoomi Coliform: Real Sirep 31673 1100m1 Residue Total 500 marl Volatile 505 marl, Fixed 510 mW1 Residue Suspended 530 - mglL Volalilt 535 mg;l. Fixed 540 anti L pit 403 7.8 Roils Acidilv to pli 4 5 436 Digit, Acidity to pft 8 3 435 niSt Alkalinity to p11 8 3 415 mglL Alkalinity to pi 14 5 410 mWL_ TOC 630 msfl. TwbidHv 76 40 NFU Coliform Total rube -1100 m1s ICOMMENTS: Chloride 940 mg1L Chi a: Tri 32217 uglL Chi a: Corr 32209 uS(L Pheophytin a 32213 uglr. Color: True 80 C.U. Color: (pH) 83 pit- Color: pt17.6 82 C.U. Cyanide 120 mg1L Fluoride 95 t tnglL Formaldehyde 71350 mwt Grease and Oils 556 mglL Hardness Total900 mall. Specific Cond 95 urnlros/cm2 MBAS 38260 mg1L Phenols 32130 ug/L Sulfale 945 mWL Sulfide 745 mg1L Boron Tannin & Lignin uglL I lexa%al Ent Chromium ugR. K NH3 as N 610 82 mg/L Y TKN an N 625 110 mWL li NO2 plus NO] as N 630 0.19 mglL K P: Total as P 665 15 mglL PO4 as P 70507 rnz EL P: Dissolved as P 666 mWL K-Potamium mglL Cd-Cadmium 1027 uglL Cr-Chmmi um Total 1034 u81L Cu. Copper 1042 ug& Ni-Nickel 1067 uglL Pb- Lead 1051 uglL Zn- Zinc 1092 uWL V-Vanadium ug/L AS- Silver 1077 ug/L AI- Aluminum 1105 uglL Be- Beryllium 1012 up/L Ca- Calcium 916 mglL Co -Cobalt 1037 US& Fe- Iron 3045 uglL DIVISION ❑ ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMi) 'OUNTY ��7� �1�3�' PRIORITY SAMPLE TYPE _� I1VER BASIN ❑AMBIENT ❑COMPLIANCE El QA F_ll CHAIN ❑ STREAM ❑ EFFLUENT ❑ LAKE ❑ INFLUENT IEPORT 70: ARO FRO MRp RHO �Rd WlRp WSRq 75 [T BM leper ��' OF CUSTODY ;hipped by: Bus 6 urlk. Staff. Other ❑EMERGENCY ❑ESTUARY :OLLECTgRlS1: ( 1 � I rr �I STATION LOCATION: isslmatrd BOD Reng 0-515-x5125-65 0-130 or 100 plus — iesd; Ye■ ❑ No❑ Chlorinated: Yea❑ Na ❑ REMARKS: ( 4 �1 itatlon #� Dale Begin (yy/mm/dd) lime Begin Dale End ITIm. End Depth DM DB 9F3 . r) i . oS I l:-Z,zo 1 3 1COD Low 335 mg/I 4 Collform: MF Fecal 31616 /100ml 5 Collform: MF Total 31504 /100ml 6 Collform: Tube Fecal 31615 /100ml 7 Collform: Fecal Sirep 31673 /100m1 8 Residue: Total 500 mg/l 9 Volatile 5505 mg/I 10 Fixed 510 mg/f 11 Residue: Suspended 530 tng/l 12 Volatile 535 mg/1 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pli 4.5 436 Ing/1 16 Acidity 10 plf 8.3 435 mg/1 17 Alkalinity to pit 8.3 415 mg/1 18 lAlkalinliV to pit 4.5 410 mg/l 19 TOC 688 mg/I 20 Turbidity 76 NTU Chloride 940 mg/i Chi a: TO 32217 un/l Chi a: Corr 32209 u9/1 Pheophytin a 32213 ug/I Color. True 80 Pt-00 Color:(pll j 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/1 Formaldehyde 71880 mg/I� Grease and Oils 556 mg/I Hardness Total900 mg/1 Specific Calyd. 95� uMlros/cnr2 MBAS 38260� mg/1 Phenaks 32730 ug/1 Sulfate 945 :ng/1 Sulflde 745 ni; F— I h Ifee rI NT V Lab Number: _ Date Received:/— —,Jf;,Time• Rec'd b From. a-Caurier-Ha d Del DATA ENTRY f<j Ci{: DATE REPORTED: I e ti'Ype Composite 5amhie T a A H L T S ._B... ..,._.�. G GNXX _ N1113 as N 610 mg/l TNNns NN 625 um/l _ NO2 Pius NO3 as N 630 nrg/f P: Total as P 665 Ing/I 1104 as P 70507 mg/I P: Dissolved as P 666 mg/1 Cd Cnd[rsiurn 1027 u9A Cr-CI[rondum:ToW 1034 ug/1 Cu-Copper 1042 ug/I N!-Nickel 1067 rrg/I Pb-Lea(! 1051 u111 Zn-Zlnc 1092 ug/1 Aw liver 1037 ug/I AI-Alurninum 1105 ug/1 Be -Beryllium 1012 ug/1 Ca-Calclum 916 mg/1 Co -Cobalt 1037 ug/I Fa -Iron 1045 ug/1 Li -Lithium 1132 ug/k Mg Mrgnerium 42] mQ/1 Mn-Manganese 1055 ugll Na-Sodium 929 mg/1 Arsenic:Total 1002 ugll Se -Selenium 1147 09/1 fig -Mercury 71900 ug/I Organochlorine 1'eslicides Organophasphonts PeAlkides I I Acid lierbkckdes 1 Base/ Neutral I:xtracenbke Organics Acid Extraclable Organics I I Purgeable Or!lenica (VUA bottle reg'd) I ] I PhyluplankIon I Sampling Point X Conductance at 25 C Water Temperature fa D.D. m6A p41 Alkalinity Acidity Air Temperature 00 PH 9.3 pit 4.5 pit 4.5 pil 8.3 2 94 10 300 It 400 + 82244 1 431 82243 102242 20 Salinity X Preclpltlon 0n/dayl Cloud Cover S Wind Direct [on (Deg) Stream Flow Severity Turbidity Severity Wind Veloelty M/H earr Stream Depth it. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 DMI/Revlsed 10/86 DIVISION OF WATER QUAu'rY Ch eratisery La borsto ry Repon 1 AYnler Qki alley i.ab Number 8WOU22 J SAMPLE TYPE Date Received • I/61" COUNTY CRAVEN PRIORMY Time Received : 8:40 AM Rj%rER BASIN : ❑ AMBIENT QA STREAM EFFLUENT Received By - JG REPORT TO WARY Regional UM,:c ❑ COMPLIANCE 0 CHAIN CF CUSTODY LAKE INFLUENT Other r EMERGENCY ❑ ESTUARY Data Released : AR W RECEIVEm COLLECTORISJ : OVNN 3 DateReponed, fA9198 OFFICE Ealimaled BUD Rnnxe: Station l,oeatton: IST CHOICE SWINE CORP (�HINGTON 0 2 1998 FEB Seed: Chlorinated: Remarks: �e A Stadon R Date R"ia Iyy1ruruldd) Date End (yylmmldd) Time Begin Time End I Depth - DM, DB, DBAI Value Type- A. 11, L Composile-T, S. Sample Type 910105 1320 Y BOO 310 0-0 mgil. COI] fiigh 340 mull. COD La. 335 mgll. Cali form NI Fecal 31616 /100ml Colifarm. NIP Total 31504 IIOOml Cali form tube Fecal 31615 IlUornl Cofiform Fecal Soep 3 16 73 /100m1 Residue Iotal500 mg/L Volatile 505 mW L Fixed 510 mgl. Residue Suspended 530 mglL Volatile 535 mg;L Fixed SSO ml:L pH 403 6.2 unils Acidity to pH 4 5 436 mglL Acidity to pill 9 3 435 mglL Alkalinity to pith 3 415 mglL Aikalinily to p114 5 410 mLVIl. 70C 680 mllL Turbidil, 76 12 NTU Col ifmrn Total Tube '1100 mis ICOMMENTS: Chloride 940 mg/L ChI a: Tri 32217 uWL ChI a: Corr 32209 uglL Pheophytin a 32213 ug1L Color: true 60 C.U. Color: Ipit ] 83 pH. c.u. Color: pH 7.6 82 U. Cyanide 720 mglL Fluoride 951 mg)L Formaldehyde 71880 mg1L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 umhos•'Cin2 MBAS 38260 mg/L Phenols 32730 uglL Sulfate 945 mIIL Sulfide 145 mg1L Bman Tannin & Lignin uglL F to sta. alent Chrami um ug/L % NH3 as N 610 1 A mSIL X TKN an N 625 43 mg1L X NO2 plus NO3 as N 630 0.11 mg1L. X P: Total as P 665 0-04 ms/L PO4 as P 70507 mg1L P: Dissolved as P 666 mg/L K-Potassium mgl1.. Cd-Cadmium 1027 ug/L Cr-Chmmium:Tmal 1034 uglL. Cu-Copper 1042 uglL Ni-Nickel 1067 ug/L Ph- Lead 1051 ug/L Zn- Zinc 1092 uglL V-Vanadium ug/L Ag- Silver 1077 uglL, Al- Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 uglL Fe- Iron 1045 u81L Division of Environmental Management CHAIN OF CUSTODY RECORD For Investigation of St ���U �Ce- ; vy . cao� Samples collected and DHI forms completed by: b Only Lab'No. Station. No. Station Location Time No. of Bottles i�a-•*.-- r FDate i o �05 o I f3oo a5 I r� I Reliu had h (Si tore}: ce Yed b Si t Dat Time e I Rec by 1 Rec by i Rec by (Lab) Method of Shipment: Securitya Seal by: and Condition: Lock b Broken b en b : LAB USE ONLY Lab Na. From Through Na. Containers Anal gig Relin uished by Received by Date Time For Lab Use ONLY DIVISION ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) 1 COUNTY i. YA,CIVO-r` PRIORITY SAMPLE TYPE RIVER BASIN ❑ AMBIENT ❑ STREAM El REPORT TO: ARO FRO MRO RRO G tRb W IRO W5R0 TS QA EFFLUENT AT BM ❑COMPLIANCE ® ❑ LAKE ❑ INFLUENT Other CHAIN []EMERGENCY OF OF CUSTODY �t by*• Shipped by: Bus C Staff Lab Number: Mnn ! Date Received: , 73me; Q� Rec'd by; From: Bus -Courier -Hand. -Del DATA ENTRY BY: (5 Cl[: flr'IIy DATE REPORTED: i COLLECTOR(S]. ar 1 L-AA.Yl,-% 1 Estimated BOD Range: 0-SIS-25/25-65140-130 or 100 plus STATION LOCATION:i_��� Seed: Yes ❑ No ❑ Chlorinated; Yea ❑ No ❑ REMARKS' „�,5is�t-�ti Station # Date Begin (yy/mrn/dd) Time Begin Date End Time End Depth DM DB DI Value'l,ype Composite Sam T e I C) f QS r .�y1 1� c 1 l A H L T S R C G GNxx 1 BODS 310 mg/l 2 COD High 340 ntg/I 3 COD Low 335 mg/1 4 Collform: MF Fecal 31616MF Fecal �y��/100ml/100ml `JJ 5 Celiform; MF Total 31504 1100ml 6 Col[lorm: Tube Fecal 31615 /100m1 7 Collform: Fecal Sirep 31673 /100m1 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mg/I 11 Residue: Suspended 530 mg/1 12 Volatile 535 mu/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 Tau/I 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/1 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mg/1 20 Turbidity 76 NTU Chloride 940 mg/1 Chi it: Tri 32217 ug/l Chi at Corr 32209 ug/l Pheophytin a 32213 ug/I Color; True 80 Pt -Ca Color:(pH ] 83 ADMI Color: pH 7.6 82 AD141 Cyanide 720 mg/I Fluoride 951 Mg/1 Formaldehyde 71880 Mgt] Grease and Oils 556 mol Hardness Total900 mg/1 Specific Cond. 95 umhos/cm2 MBAS 38260 mg/l Phenols 32130 ug/I Sulfate 945 rrr9/1 Sulfide 745 mg/1 Nki3 as N 610 mg/I TKN as N 625 mg/l NO2 plus NO3 as N 630 mg/1 P: Total as P 665 1n9/1 PO4 as P 70507 mg/1 P. Dissolved as P 666 mg/I Cd-Cadmium 1027 ugA CrChrontium:Total1034 uSA Cu-Copim 1042 ug11 NJ -Nickel 1067 ug/l Pb-Lead 1051 u9/l/I 2n-2inc 1092 ug/1 Ag-511ver 1077 ug/l Al -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/l Co-Coball 1037 ug/1 Fe -iron 1045 ug/l Li -Lithium 1132 ug/1 Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug/l Na-Sodium 929 Mgt[ Arsenic -Total 1002 u9/1 Se -Selenium 1147 ug/[ Hg-Mercury 71900 ug/[ Organochtorine Pesticides ❑rganophosphorug Pesticides Acid herbicides Base/ Neutral Extractable Organics Acid Extractable Uruanles Purgeable Organics (VOA bottle reg'd) Phytoplanklon Sampling Point % Conductanee at 25 C W ater Temperature 4C D.Q. mgA pH Alkalinity Acidity A I r Temperature tC] pH 8.3 pli 4.5 pit 4.5 pH 8.3 2 94 10 30D I• 4DD • 82244 431 82243 18ZZ42 20 Salinity % Precipit[on On/day) Cloud Cover Ai Wind Direction {Deg} Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth Et. Stream Widih ft. 480 45 32 36 1351 1350 35 64 4 DM1/Revised 10/86 1,IVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI) COUNTY MV e U, PRIORITY RIVER BASIN N Q_ REPORT TO: ARO FRO MRO RHO 11 WIRO WSRO TS DAMBIENT QA AT BM - Other COMPLIANCE ®CHAIN OF CUSTODY Shipped by- Bus Courier. Staff, Cher � EMERGENCY COLLECTOR(.S): �Li1r Y1 Estimated BOD Range- 0.5/5-25/25.65/40.130 or 100 plus Seed: Yes ❑ No❑ Chlorinated. Yea❑ No ❑ Station #� I BOD5 310 2 COD High 340 3 COD Low 335 4 Coltform: MF Fecal 31616 5 Coliformt MF Total 31509 61 Coliform: Tube Fecal 316I5 11 Colilorm. Fecal Strop 31673 10 11 12 13 14 15 16 17 19 20 Residue: Total 500 Volatile 505 Fixed 510 Residue. Suspended 530 Volatile 535 Fixed 540 PH 403 Acidity to pH 4.5 436 Acidity to pH 8.3 435 Alkalinity to pH 8.3 415 Alkalinity to pH 4.5 410 TOC'680 Turbidity 76 SAMPLE TYPE ❑ STREAM ❑ LAKE ❑ ESTUARY ❑ EFFLUENT ❑ INFLUENT -or Lay Vse V14LY Lab Number: 9dJ-11n � Date Received: /�$� Time: 4 , 0 Rec'd by. Lh!n= From: Bus -Courier -Hand Del DATA ENTRY BY-. CK. •DATE REPORTED:qX STATION LOCATION: yIS `a _ iL.L] kit le_ � tI rt e-, REMARKS: �YY_f� � Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite JS"("e 'I. e CJ f' i3�s A H L T S B G14XX mg/1 mg/1 mg/1 i100m1 /100ml / 100ml /100mi mg/l mg/I mg/1 mg/1 mg/I mg/t units mg/1 mglt mg11 mg/1 mg/1 NTU Chloride 940 mg/I Chi a-. Tri 32217 ug/l Chi a: Corr 32209 ug/1 Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pH ) 83 ADM] Color: pH 7.6 82 ADMI Cyanide 720 mg/t Fluoride 951 mg/1 Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/I Specific Cond, 95 uMhos/cm2 MRA5 38260 mg/1 Phenols 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/I NHS as N 610 mg/I TKN as N 625 mg/I NO2 plus NO3 as N 630 rng/l P: Total as P 665 mg/1 PO4 as P 70507 mg/1 P: Dissolved as P 666 mg/l Cd-Cadmium 1027 ugA Cr-Cl rom(um:Tota1 1034 ugA Cu-Copper 104 2 ug/I NI -Nickel 1067 ug/I Pb-Lead 1051 ug/I ZmZinc 1092 ug/I Ag-Silver 1077 ug/I A] -Aluminum 1105 ug/I Be-Berylllum 1012 ug/I Ca -Calcium 916 mg/1 Co -Cobalt 1037 ug/I Fe -Iron 1045 ug/I LI-Lithium 1132 ug/I Mg -Magnesium 927 mg/I Mn-Manganese 1055 ug/I Na-Sodium 929 mg/I Arsenic -Total 1002 ug/I Se -Selenium I147 ug/l Hg-Mercury 71900 ug/I Organochlurine Pesticides Organophesplwnrs Pesticides Acid Herbicides Base/ Neutral Extractable Organic& Acid Extractable Organics Purgeable Organics (VOA bottle reg*41 Phytopianktoo Sampling Point % Conductance at 25 C Water Temperature 0 D.O. mg/I pH Alkalinity Acidity Air Temperature (C) PH 8.3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 1• 4pQ • 82244 1431 82243 82242 20 Salinity % Precipitlon On/day) Cioud Cover % Wind Direction (Dog) Stream Flow Severity TOrbIdIty Severlty Wind Velocity MIN Wean Stream Depth It. Stream Width It 480 45 32 36 1351 1350 35 64 4 ,4 DM1/Revised 10/86 TD IVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY PRIORITY SAMPLE TYPE RIVER BASIN15� REPORT TO: ARO FRO MRO RRO ,VEWiRO WSRO TS ❑AMBIENT ❑ ❑A ❑ STREAM ❑ EFFLUENT AT BM ❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: Bus Courie� Stall the ❑EMERGENCY ESTUARY t'Al Ir 1 1 1 BODS 310 mg/1 i COD High 340 mg/1 4 oliform: MF Fecal 31626 /loom) 5 Coliform: MF Total 315f14 /looml 6 Coliform: Tube Fecal 31615 /loom] 7 Coliform: Fecal Strep 31673 /looml 8 Residue-, Total 500 mg/1 9 Volatile 505 mg/l 10 Fixed 510 mg/l 11 Residue' Suspended 530 m9/1 12 Volatile 535 mg/l 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/l 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mull 18 Alkalinity to pH 4.5 410 meA 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mull Chi a: Tri 32217 ug/1 Chi a: Corr 32209 u0/l Pheophytin a 32213 u911 Color: True 80 Pt -Ca Color:{pH ) 83 ADMI Color. pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/l Formaldehyde 71880 mg/l Grease and Oils 556 mg/l Hardness Total900 mg/I Specific Cond. 95 uMhos/em2 MBAS 38260� mg/1 Phenols 32730 ug/l Sulfate W5 mg/1 Sulfide 745 mg/1 For Lab Use ONLY Lab Number: Date Received: I Tlnre; iJ1. Rec'd by- From: Bus -Courier -Hand Del DATA ENTRY BY: G Cli: DATE REPORTEii; ' N113 as N 610 mg/I TfiN as N 625 mg/1 NO2 plus NO3 as N 630 mg/1 P. Total as P 665 mg/l PO4 as P 70507 mg/l P: Dissolved as P 666 mg/l Cd-Cadmlum 1027 uqA CrChromium:Total1034 ugA Cu-Coplper 1042 ug11 NJ -Nickel 1067 ug/i Pb-Lead 1051 ug/1 Zn-Zinc 1092 ug/1 Ag•Sllver 1077 ug/l A] -Aluminum 1105 ug/l Be -Beryllium 1012 ug/] Ca -Calcium 916 mull Co -Cobalt 1037 ug/l Fe -Iron 1045 ug/l Li-Lithlum 1132 ug/l Ma-Magneclum 927 mg/I Mn-Manganese 1055 ug/I Na-Sodium 929 my/I Arsenic:Total 1002 ug/l Se -Selenium 1147 ug/l Hg-Mercury 719DO ug/1 Organachiorine Pesticides Organophosomus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point Conductance at 25 C Ater Temperature O.O. tnaA I*f Alkalinity Acidity Air Temperature 1C) pH 8.3 pH 4.5 pH 4.5 pit 9.3 2 94 10 300 ■ 400 ■ 82244 431 82243 182242 20 -is linity R Precipition (in/day) Claud Corner % Wind Direction O)eg) Stream Flow Severity Turbidity Severity W Ind Velocity M/H can Stream Depth Ft. Stream Wktth ft. 480 45 32 36 1351 1350 35 64 4 4. DM1/Revlsed 10/86