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240095_HISTORICAL_20171231
NUH 1 H UAHULINA Department of Environmental Qual II Wa ter Resources e NV IRONMcNTAL IUALI-Y February 17, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9206 Jerry L. Johnson 1649 Silverspoon Rd Evergreen, NC 28438 CLOY COOPER MICHAEL S. REGAN s�cr2t�rs S. JAY ZIMMERMAN orre���l- Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2017-PC-0108 Administrative Code 15A NCAC 2T .1304 Jerry Johnson Farm 24-95, Permit No. AWS240095 Columbus County Dear Mr. Johnson: Upon review of Plan of Action records by staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR), it was determined that this facility was not in compliance in regards to maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. We wish to thank you for your cooperation and sending these records. As a result of this correspondence, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: R Violation 1: _ Failure in maintaining the waste level in lagoon/storage pAk to not exceed the maximum level specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm.event more severe than a 25-• ear, 24-hour event , t, (b) the Permittee is incompliance with its CAWMP, and there is at least one (i ):foot of structu�aI;`� freeboard, in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000. On October 10, 2016 DWR staff received a Plan of Action indicating the waste leyellfreeboard in the lagoon to be: at Fourteen (14) inches. On, December 6, 2016, DWR staff received a Plan of Action indicating the waste level/freeboard in the lagoon to be at Sixteen (16) inches. Required Corrective Action for Violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. Nothing Compares--.,- StateoENorthCarolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, NC 27699-1612 919 807 6464 r� •,:�: .a � _ _ . _ k sr_..: .ate �...,�.. �:'-: rage L of z You are required to provide a written response to this Notice by March 31, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143- 215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact me at (910) 796-7386. Jim Gregson a nal Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Edward Davis, Columbus County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 24-95 G:11WQ1SHARED/ANIMALSICOLUMBUS12016124-95NOVREF 77, -a ru ru °' c3 +ILT,., ALULIPT , . Only,lr For delivery information visit our _ , O F F � CA L - US � to items 1, 2, and 3. name and address on the reverse �re can return the card to you. ii card to the back of the mailpfece, : front if space permits. . n r` fl Postage $ Certified Fee dressed to: t/ ru lC3 M Return RECalpt fee Postmark (EndorserrreM Required] Here t7 m Restricted Delvery Fee {Endorsement Requlred) —0 Tatar Postage � Fees �Illlflllf�llilll lull �llll 1!1lllCfllll � � ��� � �� Sl t ------------ ---------------- 130 9402 1772 6074 8654 96 L C3 eet . or PO Box Nm.: S �!/��� -30 01102 0760 9206 0' See Reverse for Instrue" July 2015 PSN 7530-02-000-9053 A. Signature X -48 Agent 13 Addnesst B. Received by (Printed Name) C. Date of Delive D. Is delivery address different from item l? El Yes If YES, enter delivery address below: ❑ No 3.Service Type ❑ Pdortty Mall bpresse 13 ❑ Adult Sigrsahcp Registeredmarm Signahrre Restricted Delivery Mal® ' ❑ Mall ReW,1 ❑ ed Mall Re M.Wd Delivery ❑ Rehmt ReoeEpt icr ❑ Collect on Delivery Merdtmtd� Signatureery Resfflcted Delivery 13 7 Insured Mali,a ❑ �T I insured Mall Ravi icted Delivery r r,...e-ram.,... Restricted Delivery Domestic Return Receipt Jerry L. Johnson (24-95) 1649 Silverspoon Road Evergreen, NC 28438 March 7, 2017 Jim Gregson, Regional Supervisor Division of Water Resources, NCDEQ 127 Cardinal Drive Extension Wilmingtion, NC 28405 Reference: NOV-2017-PC-0108 Dear Mr. Gregson: RECEIVED/NCDENR/DWR MAR 2 0 2017 Water Quality Regional Operations Section Wilmington Regional Office This memo is to address the Notice of Violation letter sent to me on 2/17/2017. Please accept the following information for corrective actions. Violation 1: My levels were high do to multiple storm systems leaving my land saturated and not allowing me to pump. I plan to be more aggressive (weather permitting) and pump lagoon to a lower more manageable level. In conclusion all efforts are being made to stay in compliance. Although with the last few years weather conditions it has been very difficult to reach a comfortable level and stay there. Please consider my cooperation and willingness to report my high levels in regards to your enforcement. Sincerely, Jerry ohnson Owner/Operator is PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Je Johnson 24-95 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard 10/512015 a. current liquid level according to marker 17.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 73206 ftz e. line c/12 x line d x 7.48 gallons/W 91263 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 432000 W h. current herd # F 3-2--0-01 certified herd #1 3200 actual waste produced = current herd # x line g = certified herd # i. Volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 7/21/2015 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21 /00 432000 ft's �W 44625 W 594193 gallons 1.44 Ibs/1000 gal. 987.1 Ibs. PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry Johnson line m = 987.1 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = 1b PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 987.1 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Iblacre) t TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u, application window' 1745 6a-b Small Grain Overseed 3.23 50.00 161.5 10/1 -3/31 1745 7a-b Small Grain Overseed 4.35 50.00 217.5 10/1 - 3/31 1745 8a-b Small Grain Overseed 1.91 50.00 95.5 10/1 - 3/31 17451 9a Small Grain Overseed 1.97 50.00 98.5 10/1 - 3/31 1745 9b Small Grain Overseed 2.52 50.00 126.0 10/1 - 3/31 1745 9c Small Grain Overseed 3.20 50.00 160.0 1011 -3/31 8503 1 Small Grain Overseed 4.10 50.00 205.0 10/1 - 3/31 8503 1 b Small Grain Overseed 1.10 50.00 55.0 10/1 - 3/31 8503 2 Small Grain Overseed 3.20 50.00 160.0 10/1 -3/31 85031 2b Small Grain Overseed 0.75 50.00 37.5 10/1 - 3131 8503 3 Small Grain Overseed 3.20 50.00 160.0 1011 - 3/31 8503 3b Small Grain Overseed 0.80 50.00 40.0 10/1 - 3/31 8503 4 Small Grain Overseed 3.60 50.00 180.0 10/1 - 3/31 8503 4b Small Grain Overseed 2.50 50.00 125.0 10/1 - 3/31 8503 5b Small Grain Overseed 1.10 50.00 55.0 10/1 - 3/31 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1876.5 lb. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 987.1 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1876.5 lb. PAN y. Overall PAN balance (w - x) = -889 lb. PAN PoA (30 Day) 2/21/00 Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance_ If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Waste will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2121100 1_1 a0VIDIL44a LAM PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 6/13/2013 1. Structure Name/identifier (ID): JJerry Johnson 24-95 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 13.5 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 73206 ft2 e. line c112 x line d x 7.48 gallons/ft250975 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 432000 ft3 h. current herd # 32001 certified herd # 3200 actual waste produced = current herd # x line g = certified herd # i_ volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 3/19/2013 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 432000 fts ft3 44625 ft3 594193 gallons 0.84 Ibs11000 gat. 709.9 lbs. PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry Johnson line m = 709.9 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5, Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n.lines1+2+3+4+5+6= 709.9lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Iblacre) t TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1 Bermuda 4.10 154.00 631.4 Mar - Sept 2 Bermuda 3.20 154.00 492.8 Mar -Sept 3 Bermuda 3.20 146.13 467.6 Mar - Sept 4 Bermuda 3.60 147.00 529.2 Mar - Sept `State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 2121.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 709.9 lb. PAN x- Crop's remaining PAN balance (line v from section III) = 2121.0 lb. PAN y. Overall PAN balance (w - x) = -1411 lb. PAN PoA (30 Day) 2/21100 it Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAW balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2/21/00 i r PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): lierry Johnson 24-95 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard 5/24/2013 a. current liquid level according to marker 18.5 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.D inches c. line b - line a (inches in red zone) = 0.5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 73206 ftz e. line c/12 x line d x 7.48 gallons/W 22816 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 432000 W h. current herd # F---320-01 certified herd #1 3200 actual waste produced = current herd # x line g = 432000 ft3 certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 3/19/20 33 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 W 44625 W 594193 gallons 0.84 Ibs/1000 gal. 518.3 Ibs. PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry Johnson line m = 518.3 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 518.3 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1 Bermuda 4.10 154.00 631.4 Mar - Sept 2 Bermuda 3.20 154.00 492.8 Mar - Sept 3 Bermuda 3.20 146.13 467.6 Mar - Sept 4 Bermuda 3.60 147.00 529.2 Mar - Sept 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 2121.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 518.3 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 2121.0 lb. PAN y. Overall PAN balance (w - x) = -1603 Ito. PAN PoA (30 Day) 2/21 /00 i 4r Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Waste will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2/21/00 I NCDEN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Jerry Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen, NC 28438 Division of Water Quality Coleen H. Sullins Director October 14, 2011 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Jerry Johnson Farm Case Number PC-2011-0005 Permit No. AWS240095 Columbus County Dear Mr. Johnson: Dee Freeman Secretary VIOICT11-18 2011 A final agency decision on your request for remission of the subject civil penalty will be made by the Committee on Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, November 17, 2011. X No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized.practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 North Carolina Phone: www.ncwater PAX: 919�07 64921 Customer Service: 1$77 623 6748 Internet vrww.ncwaterquality.arg An Eoual Opportunity 1 Aifirrnawe Action employer Mr. Jerry Johnson PC-2011-0005 CCPR Notification p. 2 If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation regarding the unauthorized practice of law has occurred. Time and Location of Meetin The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business -meeting of the Environmental Management Commission. The Committee meeting will be held in the Ground Floor Hearing Room of the Archdale Building, located at 512 North Salisbury Street in -Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Keith Larick of the Animal Feeding Operations Unit -at (919) 715-6697. Sincerely, Coleen H. Sullins enclosure cc: Wilmington Regional Office Enforcement File Central Files .'2J �rk CDE North Carolina department of EEnvironment and Natural Resources !DiviSbn of Water Quality Beverly waves Perdue Coieen H. Sullins Dee=reemGn GDVernor Drecior Secretary March 11, 2011 Jerry Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen, NC 28438 SUBJECT: Remission Request Farm # 24-0095 Columbus County File No. PC-2011-0005 Permit No. AWS240095 Dear Mr. Johnson: This letter is to acknowledge receipt of your request, on March 9, 2011, for remission of the civjl penalty levied against the subject facility. The Director of the Division of Water Quality will review your evidence and inform you of her decision in the mattef of your remission request. If you have any questions, please call me at (919) 71 5-6697. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Charles Stehman. Wilmington APS Regional Supervisor�="�.`�., File # PC-2011-0005 APS Central Files MAR 1 s 201, $Y: 1636 Me.;I Se'vic C entF Ralcnn, Norm ^ roiin ; 27�u-: 1n is , Cilml i r a I n a . 7296 Camul cutevn._ aie n-i iNanh arG;mnz 21 ls- [7/j' I'�Jf.... 1 ., nr, t1�:7. t^:�}, Q.`..I5 NGL-4 F i S1�l6T?� @FYICS, -3r 1_J�3_6i�t_� i L1:I tnterra=' wme ncvaeraualtiv ore �,. ...rr F:n.... -. .- •ter-+. .._-,-.^,n-n:w:. Jerry and Jennifer Johnson 1649 Silverspoon Road Evergreen, NC 28438 March 7, 2011 Mr. John Farnell Wilmington Regional Office Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Farnell: MAR 0 g 2011 BY: This memo is to address the Notice of Violation Letter that was received on November 29`h, 2010. It is our understanding that there were no direct discharges to waters of the state that occurred from the malfunction of one of our vents in the spray field or from ponding found in bull holes in the spray field. Due to the expeditious repair of the cited issues after this inspection, the overall result was very little to no environmental impact. Once discovered, we began repairs immediately gathering the necessary equipment and working late the night of the incident and on through the following week to make sure there was little to no environmental impact. Most of the corrective actions were documented in a letter mailed to Ms. Charles Stehman at the DWQ regional office in Wilmington, as requested, on Tuesday November 30`h, 2010. This was one day after the noted inspection by the .State. We are attaching a copy of the letter sent for your review. This letter was also sent to Mr. John Farnell and Mr. John College. During a time of severe financial difficulty for our family, as well as our State and nation, we are working diligently on keeping our farming heritage alive. This has proven to be a challenge and brought our farming business to near bankruptcy_ As noted in our letter to Mr. Steham our faculty was without pigs for almost 9 months due to various factors. All of which we have been working diligently to correct. We respectfully request a remission of the civil fines imposed upon us by the State of North Carolina. We began operations in 1995 and have operated safely and within the State regulations since that time. We have not been cited by the State with a violation since beginning this operation as young farmers many years ago. To summarize our reasons for requesting a remission of the civil penalty imposed we would like to make note of the following: It is the understanding of the operator in charge that a leaking vent in the spray field was found, however it was not determined to he affecting State water supplies because the Mr. John Farnell March $, 2011 Page 2 vent was near a dead end ditch, with no potential for further discharge. The noted vent was repaired, with money borrowed from family, the following day. Following receipt of the notice of violations, repairs were made as discussed above. A plan of action was submitted to Mr. Charles Stehman, as requested, in the Wilmington Regional Office. The issues of insufficient vegetation on the spray fields were addressed on November 25'h, 2010 when the fields were reseeded with fescue. This effort was done to comply with recommendation made during the DWQ visit on November I0t', 2010. There is an ongoing issue with the landowner who maintains a herd of horses and cattle on the spray fields. We have asked the landowner to remove the animals from the spray field however he is not compliant with our requests. We have continued to work on making corrective actions for the spray fields and worked with an agronomist as well on this issue. In the letter sent to Mr. Charles Stehman on November 29`h the operator in charge requested evaluation of the reseeded spray fields by the agronomist. After approximately 17 years of operations, we have never been assessed a civil penalty. It is our intention to operate our farm in a manner that is safe for the environment and meets all State regulations and standards. As stated previously, this is a time of great economic challenge for our farming business. We have made many repairs to our aging facility over the last few years and have a long list of repairs yet to complete. Diverting the little cash flow that we have now reestablished with the farm to pay a civil penalty of almost $4000.00 will cause us to stop work on repairs that are desperately needed and that have been mandated by our contract company. Without making these repairs we will be faced with a loss of pigs in our facility. If faced with the loss of pigs from our facility once again, we will most likely lose our farming business due to bankruptcy. We would hope that the information contained in this memo as well as our prompt response would be considered along with the current global economic recession and overall state of the pork industry, would justify a waiver from civil penalties that may be considered as a result of these citations. Sincerely, "andJenniohnson Jerry Johnson Farms CC. Keith Larick November 29b, 2010 Mr. Charles F. Stehman Environmental Program Supervisor III Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Response to cited violations of Jerry Johnson Farm, Evergreen North Carolina Dear Mr. Stehman: On November 29th, 2010 we received notification through certified mail of several violations for our farm and swine production facility. This letter is in response to the cited violations and includes our current plan of action for these violations_ It is our intent to make the necessary corrections and maintain compliance with all State regulations associated with discharging of animal waste. As requested, we are submitting an outline of the corrective actions taken thus far towards each cited violation. These actions include the following: Violation l: Failure to maintain a vegetative cover in accordance with the CAWAfP and Condition 11. 2. Of Swine Waste System Permit No. AWGI00000. It was noted in the letter we received that the staff found fescue crops were insufficient for nutrient utilization_ The letter also noted that Mr_ Rick Morris, agronomist, recommended plans for improved vegetative cover in 2008. As farm owners we complied with this plan and had the spray fields reseeded with fescue. Mr. Morris has revisited the farm on multiple occasions to reassess these fields. He was present on the farm in 2008 and 2009. He shared with the OIC that there was an established stand of fescue at his last visit. No further recommendations have been received by the OIC about this matter. After the most recent visit by DWQ and DSWC staff on November 1& 2010, the OIC has again reseeded the spray fields with fescue on November 20, 2010. The landowner of the spray fields has livestock, both horses and cattle that continuously graze in these areas. The OIC has discussed options for relocating the animals; however at this time the land owner is not compliant with movement of these animals. This has contributed to the lack of established vegetative cover and is an issue the OIC will continue to evaluate. The OIC requests a review of the spray fields by Mr. Morris after the recently reseeded fields germinate. Violation 2: Failure to apply animal waste at rates intended to prevent runoff of ponding in accordance with CAWW and Condition ILS. of Swine Waste System General Permit No. AWG100000, It was noted in the letter we received that the staff found excessive ponding of more than four hours in low areas of the Bermuda field. Without receipt of more specific information, such as number of areas observed in field and estimated volumes of ponding, the OIC is not fully able to ascertain the potential for run off of waste. It is possible that livestock in the field have created lower lying areas in which water or waste might accumulate. However, these areas are centrally located in the spray field and are not close to ditches or waterways. Therefore the potential for run off of waste is virtually nonexistent. The OIC has plans to fill the low lying areas in the field with soil to help prevent this problem for occurring in the future. An estimated date of completion for this is December 4t°, 2010. The OIC requests assistance in planning correction of this violation if the above mentioned plan is deemed insufficient. Violation 3: Failure to maintain the collection, treatment, and storage facilities, and the land application equipment and fields in accordance with CAWMP and Condition 11.1. of Swine Waste .System General Permit No. AWG100000. It was noted in the letter we received that on November I O'h, 2010 staff found a leaking air vent on the top of a hydrant near a ditch in the Bermuda field. The OIC has repaired this faulty equipment on November 1 I'h, 2010, one day after the cited visit from DWQ staff. As farm owners we have recently suffered extreme financial difficulty due to a significant loss of farm income from our swine production facility. We were without swine in the four houses for approximately 9 months. This represents a significant financial loss for our family. We have been challenged to continue to make repairs with a significantly lowered farm income. The money for repair of the faulty equipment was borrowed from a family member. It is the intent of the OIC to comply with all regulations imposed by the State concerning discharge of animal waste. Violation 4: Failure to notify the Division of Water Quality of a discharge in accordance with CAWMP and Conditions M.9 and 13 of Swine Waste System General Permit No. AWG100000. The OIC did not determine there was a risk for run of off animal waste into the area water supply. The areas noted in the report were not adjacent to a ditch or water source. The ponding in the spray field that was noted was centrally located in the field with no potential for run off. The waste material observed near the faulty air vent on the hydrant was in a self contained ditch, with no potential for run off into a larger ditch. It is the intention of the OIC to comply with reporting of discharge regulations for the State. In closing, as farm owners we have operated our swine production facility for over 15 years. We have complied with State regulations in every way possible. In the past 15 years, we have not received a notice of violation nor had a discharge of animal waste that affected the water supply or the environment. We respectfully request your consideration in this matter and ask that a civil fine not be imposed at this time. We intend to comply with all regulations and have corrected most of the cited problems. Our plan includes the correction of the last problem by December 46, 2010. If you have any questions or should need to contact us further you may do so at 910-654-1438. Regards, Jerry and Jennifer Johnson JBcJ Hog Farms 1649 Silverspoon Road Evergreen, NC 28438 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 25, 2011 CERTIFIED MAIL - #7006 2150 0003 5466 9213 RETURN RECEIPT REQUESTED Jerry Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen, NC 28438 SUBJECT: Assessment of Civil Penalties for Violation(s) of; t N.C. General Statute(s) 143-215.1 Farm # 24-0095 FEB .g Columbus County Enforcement File No. PC-2011-0005 Dear Mr. Johnson: This letter transmits notice of a civil penalty assessed against Jerry Johnson in the amount of $3500.00, and $252.71 in investigative costs, for a total of $3752.71. 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 and the Director of the Division of Water Quality. 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: Keith Larick Aquifer Protection Section Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR AQUIFER PROTECTION SECTION NOnIi�1C1I011tla 1636 Mait Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital $oulevard, Rale'lgh, North Carolina 27604 Vaturally Phone: 919-733-3221 1 FAX 1: 919-715 0588 FAX 2: 919-715.60481 Customer Service: 1-877-623-6748 v ► Li Internet: www.nrwaleraualitV.org An Fnifnl Onnrwvinwt % Afirrnativo Aran Fmnlnvcr \ sq Assessment of Civil Penalty Jerry Johnson Enforcement File #PC-2011-0005 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the retraining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of their decision in the matter of your remission request_ The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that.you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Aquifer Protection Section Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) Assessment of Civil Penalty Jerry Johnson Enforcement File #PC-2011-0005 Page 3 of 3 days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: ti Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be -served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center, Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not -a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 715-6937. Sincerely, , ... Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Charles Stehman, Wilmington APS Regional Supervisor w/ attachments File # PC-2011-0005 w/ attachments APS Central Files w/ attachments Columbus County Health Department STATE OF NORTH CAROLINA COUNTY OF COLUMBUS IN THE MATTER OF JERRY L. JOHNSON FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG 100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. PC-2011-0005 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality (DWQ), I, T Tel sh _Jr Chief of the Aquifer Protection Section of the DWQ, make -the following: FEB Z',S2011 I. FINDINGS OF FACT. A. Jerry L. Johnson owns and operates Jerry Johnson Farm, a swine operation in Columbus County. B. Jerry L. Johnson was issued Certificate of Coverage AWS240095 by the Division of Water Quality; under General Permit AWG100000 for Jerry Johnson Farm on October 1, 2009,-effective upon issuance, with an expiration date of September 30, 2014, C. Condition H. 1. of the General Permit AWG100000 states in part that, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times." D. Condition No. 11. 2. of the General Permit AWG100000 states in part that "A vegetative cover shall be maintained as specified in the facility's Certified Animal Waste Management Plan (CAWMP) on all land application fields and buffers in accordance with the CAWMP." E. Condition No. 11. 5. of the General Permit AWG100000 states in part that, "In no case shall land application rates result in excessive ponding or any runoff during any given application event." F. Condition No. HI.13.a of General Permit AWG100000 states in part that "the Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of the following event: Any discharge to ditches, surface waters or wetlands." G. On November 10, 2010, DWQ staff from Wilmington Regional Office conducted a routine compliance inspection of Jerry Johnson Farm and found a leaking air vent with cloth wrapped around the top of a hydrant near a ditch in the Bermuda grass field. DWQ staff also noted that the fescue crop in the waste application field was insufficient for nutrient utilization. DWQ staff also It discovered excessive wastewater ponding of more than four hours in low areas of the Bermuda grass field and wastewater discharge to a ditch. H. DWQ staff from the Wilmington Regional Office had not received any notification prior to the November 10, 2010 inspection. 1. On November 17, 2010, the Division issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to Jerry L. Johnson identifying violations of N.C.G.S. 143-215.1 and General Permit No. AWG100000. The violations include failure to maintain vegetative cover in accordance with the CAWMP, failure to apply wastewater at rates intended to prevent runoff, failure to maintain land application equipment, and failure to notify DWQ of the non-compliance event. J. The NOV/NOI Notice was sent ' Certified Mail, return receipt requested and received on November 23, 2010. K. The cost to the State of the enforcement procedures in this matter totaled $252.71. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Jerry L. Johnson, is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1. C. The above -cited failure to maintain land application equipment violated Condition 11.1. of the General Permit AW G 100000. D. The above -cited failure to maintain adequate vegetative cover violated Condition No. 11.2. of the General Permit AWG100000. E. ,The above -cited failure to prevent excessive ponding violated Condition No. II. 5 of the General Permit AWG100000. F. The above -cited failure to provide notification to the regional office violated Condition No. M.13.a. of the General Permit AWG100000. G. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143- 215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. H. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous, a civil penalty of not more than $25,000.00 per violation may be assessed for each day the violation continues. I. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the . Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143- 215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 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, Jerry L. Johnson, is hereby assessed a civil penalty of: P 0 $ /rV C7p For violating Condition No. U.1., of the General Permit AWG100000 for failure to properly maintain land application equipment. O C7 $1000 For violating Condition No. II?., of the General Permit AWG100000 for failure to maintain vegetative cover as specified in the facility's CAWMP. pC� For violating Condition No. H. 5. of the General Permit AWG100000 for failure to properly irrigate wastewater, resulting in excessive ponding. S For violating Condition M.13.a. of the General Permit AWG100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of wastewater discharge to a ditch. TOTAL CIVIL PENALTY which is-.Ypercent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $ 252.71 Enforcement costs $ 3 752 T� TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed, V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Jerry L. Johnson, in accordance with N.C.G.S. 143-215.6(A)(d). 4-2 (Da e) 641eodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality CDEN North Carolina Department of Environment and Natural Resources Beverly laves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Jerry Johnson J&J Hog Farms 1649 Silverspoon Road Evergreen, NC 28438 Subject: Dear Mr. Johnson: Division of Water Quality Coleen l !. Sullins Director June 23, 2011 Request for Remission of Civil Penalty J&J Hog Farms Case No. PC-2011-0005 AWS240095 Columbus County Dee Freeman Secretary In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and remitted $500.00 of the $3,752.71 civil penalty assessment. The revised civil penalty is therefore a total amount of $3,252.71, which includes $252.71 in investigative costs. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of - Keith Larick NC DENR-DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 1617 Mail 5etvic, Center, P,aleiQh, Notch Oarolina 27699-1617 Location: 512 N. Salisbury St. Raiei h, Narh Carolina 27604 -Phone: 91M07-6300I PAX: 919-807-64921 Customer Service: 1-877-023-674S Internet wwrimateraualftv,ong A.P. Ecual Opo---Tinayl.4fir.�naiive A.cuon -n7p€over JUN 2 4 2011 Gne N ofth Carolina Ia Edgy f _'•� ram', Jerry Johnson Case No. PC-2011-0005 Columbus County Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Keith Larick NC DENR-DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on ' Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the tp original penalty amount and offer no remissions, they may agree with the DWQ Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Keith Larick at (919) 715-6697. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit Attachments cc: Wilmington Regional Office Enforcement File PC-2011-0005 DWQ Central Files DIVISION OF WATER QUALITY CIVIL, PENALTY REMSSION FACTORS Case Number: PC-2011-0005 Assessed Entity: Jerry Johnson Region: Wilmington Count*: Columbus Permit: AWS240095 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Submitted Remission factor: The leaking air vent was repaired the day after the inspection, and no waste reached waters of the State. The spray field was reseeded with fescue on November 25. 2010. They are working with the landowner to remove the animals from the spray field, however he has refused so far. They are continuing to work with an agronomist for the spray field issues. DWG Response: The OIC addressed the leaking air vent after the violation was noted by inspectors, yet clearly the problem was known due to rags tied to the equipment. Jerry Johnson leases the fields where he sprays. The property owner grazes cattle on these fields, however, Jerry Johnson has failed to improve the impact of animal wear and tear, resulting in poor vegetative cover. ❑ (c) Whether the violation was inadvertent or a result of an accident: ® (d) Whether the violator had been assessed civil penalties for any previous violations: Submitted Remission factor: No previous civil penalties have been assessed against the owner. DWO Response: The permittee has multiple past NOVs, which led to the decision to enforce this time. ® (e) Whether payment of the civil penal", will prevent payment for the remaining necessary remedial actions: Submitted Remission factor: The farm was previously without pigs for 9 months in 2010. Payment of the civil penalty will not allow them to make repairs that have been mandated by their contract company, and if this happens the company may not re- stock pigs, resulting in loss of the farm. DWO Response: A return visit to the Jerry Johnson farm on March 29, 2011 found excessive ponding in the fields similar to what was discovered during the November 10, 2010 visit. DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Ye ._ ' ❑No ❑ Partial Remission V$ 6_ (Enter Amount Rernitted) Coleen H. Sullins Date my 1.0- 6.31.09 tr m IL Postage $ Ln M Certified Fee M ReturnRecelpt Fee O (Endorsement Required)ED aS RestdGed Fee RUw (Endorseent Rmequired) O —a Total Postage & Foes N nj Sertt 70 ��(L-- ,OIINS�/ -© o -- -- sh—t, Apt. �: ---3 5I6I)C-9 p or PO sox No. afrp�i f - ----------- -----------•---•----•-------- Gry, state, zip Coverage Provided) to at www.usps.com® ,. 1 ■ ■ Complete items 1, 2, and 3. Also complete 'A. sl re item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can retum the card to you. Rece {.printed Natnej� ;, C. Date of Delivery ■ Attach this card to the back of the maiiplece, I or on the front: if space permits. -� D. Is deliverypdd hfe 1? ❑ Yes 1. Article Addressed to: if YES, eive�rr'ad dress low: t ❑ No Mr. J err y L. ireWv s on LU S�I er5 olo� �oac>� �,, gee Certdit Mail ❑ rasa Mall Registered etum Recelpt for Merchandise ❑ Insured M811 NO.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - - -- — -- — -- (Tiarrsfer from service mbar) i 17006 2 7 6 0" O a a 3 3 5 2 8 91 3 8 7' l : , 4 "'! J a e i I � e i l Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-n,t-,540 CCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor October 21, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0003 3528 9387 Mr. Jerry L. Johnson 1649 Silverspoon Road Evergreen, North Carolina 2843 8 Coleen H. Sullins Director Natural Resources Subject: NOTICE OF VIOLATION NOV-2010-PC-1105 Administrative Code 15A NCAC 2T .1304 Jerry Johnson Farm Facility No. 24-95, Permit No. AWS240095 Columbus County Dear Mr. Johnson: Dee Freeman Secretary On October 1, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) and the NC Division of Soil and Water Conservation (DSWC), inspected the Jerry Johnson Farm and the permitted waste management system as a follow-up to heavy rain events. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General .Permit No. AWG100000 as follows: Violation: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP in accordance with Condition V. 2. 'of Swine Waste System General Permit No. AWG100000. On October 1, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at lagoon. A level of 19.5 inches is the maximum level allowed by your permit. Required Corrective Action for Violation: Continue to follow the proposed actions outlined in you Plan of Action (POA) dated October 1, 2010 and received in the Wilmington Regional Office on October 4, 2010, Take all necessary additional steps to insure lagoon levels remain in compliance with Condition V. 2 of your permit. Wilmington Regional Office .127_Cn[dln0l.RrNe Extension WiIrnh o. ,_NC,2$405 _ Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwaierqgcr91y,oLg An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper One —Not-thCarohna— �atura!!� Cuslomer Service 1-877-623-6748 Jerry Johnson Farms Notice of Violation 24-95 October 21, 2010 Page 2' of 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before November 22 2010: L Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from January 1, 2010 to the present along with a copy ofyour CAWMR 2. An explanation from the OIC for this farm regarding how this violation occurred. 3. A list from the OIC concerning the steps that will be taken to prevent this violation from occurring in the future. You are required to take any necessary action to correct the above violations on or before November 1, 2010 and to provide a written response to this Notice by November 22, 2010. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Amanda Gaines at (910)796-7327. Yours very truly, r Charles F. Stehman, Ph.D., P.G. Environmental Program Supervisor III cc: APS CAFO Unit Edward Davis, Columbus County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC John College, DSWC-WiRO DWQ Wilmington Animal Files 24-95 S:1WQSIANIMALSICOLUMBUS12010\24-95NOV / C'oPrF5 d6.' . • ,XiQ12 / /�Zo / D fo /tJo � Gv T� /qN S I wo NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capacity: Storage Structure: Storage Period: Application Method: Jerry Johnson Finishing Columbus Feed -Fin 3200 Anaerobic Lagoon 180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen - Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. A 5. Wind conditions should also be considered to avoid drift and downwind odor Page: 1 problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 21-1.0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): 3200 animals X 986 gal/animaltyear = AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): 3200 animals X 2.30 Ibs/animal/year 3,153,600 gallons 7,360.00 Ibs Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type, and surface application. Page: 2 1 . Tract Hyd. Soil- - Crop Yield Ibs N Acres Lbs NIAc Lbs N Ibs N Type Code /Ac !unit Residual IAc Requires 3503 1 Ly B 4.7 50.00 4.10 235.0 963.50 0503 2 Ly B 4.7 50.00 3.20 235.0 752.00 8503 3 Ly B 4.7 50.00 3.20 235.0 752.00 8503 4 Ly B 47 50.00 3.60 , 10 0 235.0 846.00 8503 18 GOA B 5.5 50.00. 1.1 275.0 302.50 8503 2B GoA B 5.5 50.00 .7 275.0 206.25 8503 3B GoA B 5.5 50.00 .80 275.0 220.00 8503 4B Ly B 4.7 50.00 /1 50 235.0 587.50 8503 5B Ly B 4.7 50.00 /1.10 235.0 258.50 1745 6 GoA G 3.2 50.00 2.354 160.0 376.00 1745 7 GoA G 3.2 50.00 2.35 160.0 376.00 1745 8 GoA G 3.2 50.00 1.89 160.0 302.40 1745 9 GoA G 3.2 50.00 2.604 160.0 416.00 all be uda K 50.00 20.35 50.0 1017.50 Total 32.7 a.' -- - 7376.15 Available N b 7360.00 *Difference -16.15 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. �'*A negative number reflects the total ibs of additional nitrogen needed to achieve yields on acreage listed in chart. A positive number means additional acreage is required to utilize the nitrogen produced by the farm. NOTE: This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. Mar -Oct Mar -Oct Mar -Oct Mar -Oct Mar -Oct Mar -Oct Mar -Oct Mar -Oct Mar -Oct Sep -Aug Sep -Aug Sep -Aug Sep -Aug S-April The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in berrnuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result R small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen Page: 3 U being utilized. Rather than cutting -.nail grain for hay or silage just before reeding as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the --time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. The following legend explains the crop codes listed in the table above: Crop Code CrPR A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Coin - Grain E Coin - Silage F Cotton G Fescue- Grazed H Fescue- Hay I Oats . J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Millet - Grazed Lbs N utiliizgd / unit yield 1.6 lbs N 1 bushel 50 lbs N / ton 50 lbs N / ton 1.25 lbs N / bushel 12 lbs N / ton 0.12 lbs N / lbs lint 50 lbs N 1 ton 50 lbs N 1 ton 1.3 lbs N / bushel 2.4 lbs N / bushel 50 lbs N / acre 50 lbs N / acre 2.5 lbs N / cwt 2.4 lbs N / bushel 4.0 lbs N / bushel 50 lbs N 1 ton Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 0.36 pounds of plant available' nitrogen per animal per year in the sludge based on the application method listed earlier. If you remove the sludge every 5 years, you will have approximately 5760.00 Page: 4 pounds of PAN to utilize_ Assum,..4 you apply this PAN to hybrid bermudag,ass hayland at the rate of 300 pounds of nitrogen per acre, you will need 19.20 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 46.08 acres of land. —_ Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and applications. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs_ This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method'of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following is provided as a guide for establishing application rates and amounts. Tract Field Soil T Cro Application Rate inlhr 0.65 Application Amount-� ` inches 0.75 8503 1 Ly BK 8503 2 GoA BK 0.50 1.00 8503 3&4 Ly BK 0.65 0.75 1745 8 GoA G 0.50 1.00 "This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsiability of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. Page: 5 NUTRIENT MANAGEMENT PLAN CERTIFICATION Name of Farm: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Signature: Name of Manager (if different from owner): Signature: Name of Technical Specialist: Affiliation: Address: Signature: Please Print Sonya J. Barber Harvest Net, Inc. P.O. Box 32 Council, NC 28434 (910) 646-6758 Date Date ,Date Page: 7 ADDENDUM TO WASTE UTILIZATION PLAN: FACILITY NUMBER 24-95 _FARM NAME: Jerry Johnson Farm OWNER NAME: Jer Johnson DESIGN CAPACITY: 3200 FEEDER TO FINISH MR. Jerry Johnson HAS PERMISSION TO incorporate TRACT 1745 FIELD 3 WITH APPROXIMATELY 12.2 ACRES., Of which no more than 9 acres can be utilized until actual wettable acre determination is completed on this area. THIS LAND IS ADDITIIONAL AND IS NOT NEEDED TO FULFILL THE AGRONOMIC REQUIREMENTS OF THE FARM. THE FIELD WILL BE PLANTED TO FESCUE PASTURE. THE FOLLOWING AGRONOMIC RATES SHOULD BE APPLIED TO THE GOLDSBORO SOIL PRESENT IN THE FIELD. FESCUE PASTURE =150 LBS PAN PER/ACRE NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. MILLER PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 1 /16/05 RONNIE G. KENNEDY JR. TECHNICAL SPECIALIST 1/16/05 A " +I JERKY JOHNSON OWNER OPERATOR low"_ bMSd�fliil�l V &W "in" IMftr S Melt W yI� it '-a' It10011 �l hDOop �O� 11l� 11�M1 : 9EE-3 Z00/100'd E68-1 9911499-018+ AR1M313 N33HUM3401i Vd9Z:Z4 0102.10-100 x w _ tm* Cain Laret Reo d it deft ndnw folds 1 inch or gfased bow in bw &am lagoon koa ft hm chodm& SEE-1 ZOO/ZOO -d E60-i 8S{l-g8S-010 AMN3+1313 MM0a3lr-WOad Ad9t:20 OIOZ-10-= 1W ,OttReport �ItIF3352 .. ...... .... . Grower, johnsonjem Or) Copies to: Agrinnent Services Inc. rL infer 5235 Old Hwy. 74* Chadbourn, NC 28431 ati NWaste Analysis Report Farm: 24-95 Received* 10/28/2010 Completed: 1110212010 Links to Helpful Information Columbus County Sample Id ------- per, inftii 06 -7 4L. HS Sample M, Waste Code. ALS De"fim, Swint L!"n tjq. N P K GO Mg S Fe Mn zn CU B Mo C1 C Told 306 BV-N AM -NO3 OR Urea 40.0 778 139 55.7 37.7 3.60 0.21 0.63 0.45 1.14 Na Ni Cd A At Se Li PH SS C.-N DM% CCE% ALE(KO) 195 7.66 No Avallabit f6r First Cro#': Other E ements lbsom ALUM Irri X20 .54 -.42- Ca - 7F, zn;" .'CU 0.81z 0.33 0.22 0.02 T,, T B .0-Di- :M j.6 Al:.,..o Pb Li North Carolina Tobacco Trust Fund Commission Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Trailer, Commissioner of Agncufture .......... va Grower., johwonjeM Or) Copies to: Agriment Services Inc. 5235 Old Hwy. 74* Chadbourn, NC 29431 Total 168 48.9 226 107 45,3 27.2 10.7 0.31 1.68 0.46 0.34 PV-N Waste Code. -NH4 ALS -NO3 Na Ni Cd P6 Al Se Li pH SS ON DM% CCU ALE(Kgal) Description: OR-N 82.8 7.35 Swine La Lig. Urea :Other. El6iiiiii: 000)6q#onu A;06,sdo�Miibod :J- :;:'N Ca-"'_: .9 Mn & M Na M W. -M AV: 4 Li- tr6pum 0.70-�-:: 0.65a- 1.9-1. 0 a. -i6 4-66 6.01.�' --T T 0'( L .North Carolina A - Tobacco Trust Fund Commission Reprogramming of the laboratory -information -management system that makes this report possible Is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. Steve Troxier, Commissioner of Agriculture Saarple M. N P R Ca Mg S Pe Mn Zn Cu B No a C r'otal 421 56.5 359 147 45.9 38.0 1.99 0.23 0.55 0.18 1.02 �1 Waste Code: -NH4 ALS -NO3 Na Ni Cd A Al Se M pH SS C:N DM% CON ALE( 136 7.15 Description: OR--N Swine Upon li . Urea NulrieatsA�ailableior:Pi�stCr - - -- :- : =lbs 000 "-lloics..,_ - (ltherElemeats --Tbs 000" llotrs dpplrurltonMetbod .. N, ,. PaQS R20 Ca Mg S Pe.. Mn., .1 Zn, . ' :, Lii ': B Mo . " Q ":: Np Ni..:., Cd .. Pli _ 9l Se li n Irr�Elo-- ... ` l.8 _ ., .., 0.76 ..- z9 4 86 - Q 27 ..., ; 0.22 T..- _. 0 01. .:: - ..:. - 1.1 --- - North Carolina Tobacco Trust Fund Commission Reprogramming of the laboratory-informationanaaagement system that makes this report possible Is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you far using agronomic services to manage nutrients and safeguard environmental quality. -Steve Troxler, Commissioner of Agricufture North Carolina Tobacco Trust Fund Commission Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. - Steve Troxler, Commissioner of Agricuiture FORM! IRM-1 Lagoon liquid Irrigation Fields Record For Recording irrigation Events on Different Flelds F arm Owner [fQri `f J� h fl�, Facility Number Operator Trw it d ll Date r Crap T Field Size acres lrri atlon Time p Sprinklers Qperaftp Operator lnttials 'Weather Code "Inspections inigsla Start Time End Tlme Total M mAes ,? / 2-Ll�i 1 AW 5j270 -4-/0 X y` .91 at �- 711 / ` WeatherCodes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleel, WWindy 3114M " Personscompleling the irrigation inspections must initial to signify (hat inspections were completed at least every 120 minutes. Note: It cendition5 beyond the permlttee's control have caused noncompliance with the CAWMF or permit, explain on reverse. FORM IRs-1 Lagoon Liquid irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner ��. rr � �, r r %� FadiEty Numbs Operator Tract & t=leid I Date rnM� Crop 'F Fleld Size acres Irrl allon Tin' # Spdnklera OUratty Operator In IMS 'Weather Code -Inspections utitiala Start time End Thee Total Mintites r11,0A -z'I C -'9 4o IcS 1 r' ad Too —ZC4 D C `AbO 2- 00 / -��16 E 5'11014 ,• -— ' Weatl arCodes: C-Clear, PC -Partly Cloudy, Cl-Cloudy, R-Rain, S-SnowlSleat, W-Windy 3114/03 , Persons completing the irrigation inspections must Initial to signify that inspections were completed at least every 120 minutes. Note. If cenditions beyunU the permittee's control have caused noncompliance with the CAWMP or permit, explain on reverse. FOAM IRR-1 Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on DIflerettt Plaids Farm Owner ae-re�/T 11 Oadilly Number�� - Dperator Tract S Field: Date mm/d r Crop T Field Size acres Irri atbn Time s Sprinkler@ Opera On& Operator Initlsls 'Weather Code "Inspections init Sian Time End Time otal Minutes z',5 Vfto —15 �/�' o - < < �' Weather Codes: C-Claar, PC -Pertly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 3114103 " Persons completing the irrigation inspections must Initial to signify that inspections were completed at least every 120 minutes. (Vote: If conditions beyond the permIttee's control have caused noncompliance with the CAWMP OF permit, explain on reverse. FORM iRft-1 Lagoon Liquid irrigation Fields Record For Recording Irrigalion Events on Different Fields 1 Faun Owner Fee ity Number . Operator Tract & F3el B Date ("dlyr Crop 7 Field Size acres Irttoallon Time Spttnklera Overaft Operator Initials 'Weather Coda "Inspections fnitiels Start Time F-nd Time Toth Minutes der .,. Y Y•Rr ` y.. 2 10410Ber �1 G; vo !/.tea ? w 28 t11 r ,'ee 7,160 t" r • JI� /d �r jC /,`4� M6- -,' --Tor, + Q G-r -►o r' yt d �'� 1 ►25 7.70 1j .S G a 46 r S`oo 's WeatharCodas: C-Clear, PC -Partly dowdy, Cl-Cloudy, R-Agin, S•SnowlSleet, W-Windy 3114/03 "Persons compleling the Irrigation inspections must Initial 10 Signify that inspections were completed at least every 120 minutes. Mote; If cendilions beyond the permlttee's conhol have caused nonconiplianca'with the CAWMP or permit, explain an reverse. FORM 1RR-1 Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields 1 farm Owner C' f, FaoUlly Numbet . Operator it fit 1 W, - qP M, W.-M V M- ep W= ' WeatherCodes: C-Ciear, PC•Partiy Cloudy, Ct•Cloudy, R-Rain, S•Snow/Slee(, W-windy 311V03 . Persons cornpleting the irrigation Inspections must Initial 10 signify that inspections were completed at least every 120 minutes. Note: if wndillons beyond the permittee's control have caused noncompliance with the CAWMP of permit, exp'a)n on reverse. FORM IRS-1 Lagoon liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Ferro Owner FactRly Number Operator "e- ' WeaftrCodes: C-Clear, PC-Perily Cloudy, CI-Ctoudy, R-Rain, S-Snow/Sleet, W-Windy 3ltg103 . " Per50nS completing lire irrigation inspections must Initial to signify that inspections were compiated at least. every 120 minutes, NoW If ccxrditions beyond the permlttee's control have caused noncompliance with the CAWMP or permit, explain on reverse. ' WeaftrCodes: C-Clear, PC-Perily Cloudy, CI-Ctoudy, R-Rain, S-Snow/Sleet, W-Windy 3ltg103 . " Per50nS completing lire irrigation inspections must Initial to signify that inspections were compiated at least. every 120 minutes, NoW If ccxrditions beyond the permlttee's control have caused noncompliance with the CAWMP or permit, explain on reverse. FORM SRR-2 Lagoon Liquid Irrigation Fields Record One Farm for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owners Phone # Facility Number 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 6454128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (Iblacre) = (B) 50 111 01 13% W (Al (Al M IRl IQ) tlrl till 8503 Flyd#: 1 4.1 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY, 74 CHADBOURN, NC 28431 8454128 -.••Total Waste Ana"s 111 gal) 111 Balance- / Hours Remaining Inches PedAcre �•: Volume Volume•.Nitrogen per Acre ■� �� � �■ ■� ter■ � �� � � ■r� �� ■�� �� Owners Signature Operator's Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR.2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009.2D10 Tract # Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address CHADBOURN, NC 2a431 Operators Phone # 645.4126 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (lb/acre) = (B) 5o (1) (2) (31 (41 (5) (61 (7) (al (91 (101 (ill 8503 Hydk 2 3.2 Flow Rate: 1 D4 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 645-4126 Lagoon err Appliedvolume PAN - 00r Nitrogen Hours inches Date �. Total. zoom Totals 64240 1 26325.00 J 1 49.63 Owners Signature Operators Signature Certified Operator (Print) Operators Certifration Number ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633, —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) tollovring each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 1 24.95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 1645-4128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (Iblacre) = (B) 50 (1) (2) (3) f41 151 161 171 f81 (9) f101 fill 8503 Hyd# 3 3.2 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 645-4128 PAN* (Ibli 111 gal) PAN Applied 101 x iff') 111(10) Nitrogen _ Hours RemainingPer/Acre L Inches _Start 1 Ime End i ime Total Min. # Of • Flow Rate Total Volumle (gallons) Volume _ k9aiiacre) Totals 81120 25350.00 47.39 J Owners Signature Operators Signature Certified Operator (Print) Operators Certification Number _ " NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Facility Number 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operator's Phone # 6454128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP APRIL Loading (Iblacre) = (B) 50 (1) (2) (3) (4) 151 (61 (71 fill 19) (101 (ill 8503 Hyd -. 4 3.6 Flow Rate: 1 D4 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 845-4128 0 000 PAN Applied rtr � NitrogenVolume r D:Per/Acre 1 L SOME[, o , , . ." ., a■dam �r ■�������®�, Totals 62400 1 17333.33 L _ ..07 Owner's Signature Operators Signature Certified Operator (Print) Operators Certification Number — --- ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633, Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract N Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 1 24-45 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645-4128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (lb/acre) = (B) 50 (1) (2) 131 (4) (51 Is) (71 (Al 191 fin) fill 8503 Hyd*7 5 1.1 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY, 74 CHADBOURN, NC 28431 fi454128 LagoonData ,.: Waste Analysis PAN* 000 .. AppliedVoluriieA PAN (Iblacre) jai x is) 000 Balance— kliva-el r Remaining or. FAMI Per/Acre start Time End Time I Total Mon. of SprinK. •.: Flow Rate Total Volume j g ai�iio n e) ig per Acre (gai;acre) Totals 28080 1 25527.27 48.50 Owners Signature Operators Signature Certified Operator (Print) _ Operators Certification Number • NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Liquid irrigation Fields Record . -_:. '.,- >►NE One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owner's Phone # Facility Number 1 24-95 irrigation Operator JERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operator's Phone # 645-4128 Fram Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Porlod SEP-APRIL I I Loading (Iblacre) = (B) 50 (1) (2) (3) (4) (51 (61 (71 (8) (9) 1101 (111 8503 Hyc* 1 1.1 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY, 74 CHADBOURN, NC 29431 645-4128 I �. Nirgen Balano6— facto)Lagoon Hours Remaining 'rig LF;%Ad Date Start Tim End Time Total Min. #Of Sprink. Flow Rate To Total Volume (gaiians) per Acre (gaiiacre).on Totals Owner's Signature Operator's Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Uquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owners Phone # Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645.4128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (Iblaae) = (B)50 (1) (2) f31 f41 f51 1e1 (7) Im r91 fiM fit% 8503 Hyd#.2 0.75 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 fi45-4128 ..:Time PAN Applied Nitrogen Hours roate Time Min. Spnnk Rate tg aflons).. Volume :« Totals �18720� 1 24960.00 1 47.42 Owner's Signature Operator's Signature Certified Operator (Print) Operators Certification Number • NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009.2010 Tract # Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 1 2 9:5 Irrigation Operator JERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645-4128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (lblacre) _ (B) 50 r11 r1>1 rsi !d1 [;;I 1a1 M !R1 rat tin% (111 8503 HycW. 3 0,8 Flaw Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN. NC 28431 645-4128 Q0 Nitrogen Balance— Hours Remaining Inches PerfAIr, �.Total Total Volume Volume per Acre Owner's Signature Operators Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate. Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM iRR-2 Lagoon Liquid Irrigation Fields Record - = r ', M - - One Form for Each Field per Crop Cyde SMALL GRAIN 2009 - 2010 Tract # Field Sae (acres) = (A) Farm Owner's Address Owner's Phone # Facility Number 1 24-95 irrigation Operator L5235 RY JOHNSON Irrigation Operators OLD HWY. 74 AddressADBOURN, NC 28431 Operator's Phone # -4128 From Waste LWILzation Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP APRIL Loading (Iblacre) = (B) 50 (1) (2) fill (41 (51 fal 171 181 (9) fin) Nil 8503 HydA..4 2.5 Flow Rate: 104 JERRYJOHNSON 5235OLD HWY. 74 CHADBOURN, NC 28431 645-4128 Lagoon Waste Analysis rrr .: PAN Applied (Iblam) 0DO NbNen llalanco— Hours Remaining Indies PorlAcre Date Start End Total # 01 •.: Flow .. Total Vdunie 1 Volume per Acre � ■■�■� � � � �■� ■ice �� �■� � �� �� �■�� �� �� � � � � �� �■ �� ��■�■ � ■ice �� ■�� �� �■�■■� ■�■■� � � � �� �� �■� � �■ �� ■ice �� � Totals ] Owner's Signature Operator's Signature Certified Operator (Print) Operators Cerbroa6on Number NCDA Waste Anaylsis or Equivalent or MRCS Estimate, Technicai Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle SMALL GRAIN 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Facility Number 1 24-95 Irrigation Operator IJERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address ICKADBOURN. NO 28431 Operators Phone # 16464128 From Waste Utilization Plan Crop Type SMALL GRAIN GRAZED Recommended PAN SMALL GRAIN GRAZED Applic. Period SEP-APRIL Loading (Iblacre) = (B)50 r11 [21 !a) rat rsl «;� rn ray fell r1111 ri11 8503 Hyd#: 5 1.1 1 Flow Rate: 104 JERRYJOHNSON 5235OLD HWY. 74 CHADBOURN, NC 28431 645-4128 0 PAN Applied Nitrogen Hours Inches �: �� �� � � � �� �■ ■ram � �� �� �■� �� �■� Totals 28080 25527,27 l 47.65 Owner's Signature Operators Signature Certified Operator (Print) Operators Certification Number " NCDA Waste Anaylsis or Equivalent or NRCS Estimate. Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event- FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle FESCUE 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owners Phone # Facility Number 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # S45.4128 From Waste Utilization Plan Crop Type FESCUE GRAZED Recommended PAN FESCUE GRAZED Applic, Period SEP-AUG Loading (Iblacre) _ (B) 160 (1) (2) (31 (41 (5) (6) (71 181 (9) (101 (11) 1745 Hyd#: 6 2.35 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 645.4128 Lagoon Code Ini on Waste Analysis PAN' (lb11000 gal) PAN Applied (Iblacre) iai x i9i 1000 Nitrogen Balance" (ibiacre) (B) - (10) Hours Remaining on Fieid Inches Per/Acre Remain;ag Date Start Time End Time Total Min. (3) - (2) # of Spnnk. Oper. Flow Rate (gal/min) Total Volume (ganons) (6) x (5) x (4) Volume per Acre (gauacre) (7) I (A) 1 11/27/2009 900 1350 270 1 104 28080 11948.94 1.9 22.70 137.30 27.21 2.66 1 11/29/2009 850 1300 270 1 104 28080 11948.94 1.9 22.70 114.59 22.71 2.22 1 121=009 1600 2100 300 1 104 31200 13276.61) 1.9 25.23 89.37 17.71 1.73 1 1/1412010 950 i 350 240 1 104 24960 10621.28 1.9 20,18 69.19 13.71 1.34 1 2/15/2010 800 1200 240 1 104 24960 10621.28 1.8 19,12 50.07 10.48 1.02 1 2/16/2010 1650 2150 300 1 104 31200 13276.60 1.8 23.90 26,17 5.48 0.54 Totals 168480 1 71693.62 t 133.83 J owners Signature Operators Signature Certified Operator (Print) _ Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event f .. FORM IRR-2 Lagoon Liquid Irrigation Fields Record -LANE-7 . - One Form for Each Field per Crop Cycle FESCUE 2009 - 2010 Tract # Field Size (acres) = (A) Farm Owners Address Facility Number I 24-95 Irrigation Operator IJERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address ICHADBOURN, NC 28431 Operators Phone # 16454128 From Waste Utilization Plan Crop Type FESCUE GRAZED Recommended PAN FESCUE GRAZED Applic. Period SEP-AUG Loading (Ib(acre) = (B) 160 (1) (2) (3) (4) is) (61 M (8) (91 (101 till Owners Phone # 1745 Hyd#. 7 2.35 1 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 26431 645-4128 PAN* rrr . r.r Nftrogen r Hours 0 r. Re Inches R em a; Date Start Time End Time Total.: Min. Spnnk. .. Rate t9anons) Volume (gavacre) Totals 81120 1 34519.15 62.13 Owner's Signature Operators Signature Certified Operator (Print) Operators Certification Number " NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (a). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields RecordN� One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract 4 Field Size (acres) = (A) Farm Owners Address Owners Phone # Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645-4126 From Waste Utlllzadon Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (ItYacre) _ (B) 235 r1l r91 I'll (Al r5) Ml M rR5 r41 (in) rill 8503 HydA 1 4.1 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 645-4128 Lagoon Code Waste Analysis �aste �Aniy,,, PAN' 000 .. PAN Applied (Iblacre) (8) x M rrr Nitrogen Balance- (101acre) Hours Remaining on ieid PerlAcra Remaining D: Term ime Min. (3) - J(j2) Sprink. O. Rate .- I (gallons) Vowme .: I (gallacre) • r r � r r r r �� r r������ Totals 118560 1 28917.07 J 1 28.61 Owners Signature Operators Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owners Phone # Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY, 74 Address CHADBOURN, NC 28431 Operators Phone # 6454128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (IIYacre) = (B) 235 f11 f21 f31 fdl (51 fal (71 (Al (91 f101 fill 8503 1 Hyd#:2 3.2 1 Flow Rate: t04 JERRYJOHNSON 5235 OLD HWY, 74 CHADBOURN, NC 28431 6454128 Lagoon Code Irrion Waste Analysis PAN' (Ib11000 gal) PAN Applied (iblacre) 18) x 19, 1000 Nitrogen Balance" � blacre) (B) - (10) Hours Remaining ^ Field Inches PerlAcre Re.^.'.ai•^.Erg Date Start Time End Time Total Min, (3) - (2) # of SpnnK. Oper. Flow Male (gallmin) Total Volume (gaiions) (6) x (5) x (4) Volume per Acre (ga'riacre) (7)1(A) 1 3116/2010 16001 2100 300 1 104 31200 9750.00 1.8 17.55 217.45 61.95 4.45 1 4/9/2010 1600 2000 240 1 104 24960 7800.00 1.8 14,04 203.41 67.95 4.16 1 1 51712010 700 1200 300 1 104 31200 9750.00 0.7 6,83 196.59 144.02 10.34 l 511012010 600 1000 240 1 104 24960 7800.00 0.7 5.46 191.13 140.02 10.06 1 6/8/2010 600 1100 300 1 104 31200 9750.00 0.7 6.83 184.30 135.02 9.70 1 7/22/2010 800 1200 240 1 104 24960 7800,00 0.7 5.46 178,84 131.02 9.41 1 8/10/2010 1600 2200 240 1 104 24960 7800.00 0.7 5.46 173.38 127.02 9.12 Totals 193440 1 60450,00 1 61,62 Owner's Signature Operators Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *" Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) follounng each irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields Record :.iJAHE''3 One Form for Each Field per Crop Cyde BERMUDAGRASS GRAZED 201 D Tract # Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADSOURN, NC 28431 Operators Phone # 645-4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (Iblacre) = (B) 235 (1) 121 (31 f4l (5) fs) (71 ref f91 fln) fill 8503 Hyd#:3 3.2 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 fi45-4128 LagoonDate Code Waste Analysis PAN- AppliedPAN (iblacre) Ixts, Balance Remaining ar. F' mid Per/Acre Remain;ng Start me End Total Min. of Sprink. Flow Rate Total Volume galion.]i me Volul Acre tpg:MU..r.� Totals 134160 1 41925,00 1 1 51.87 Owners Signature Operators Signature Certified Operator (Print) Operator's Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record i�NE`a One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owners Phone * Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645-4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRATED Applic. Period MAR-OCT Loading (Iblacre) = (B) 235 (1) (2) (3) (4) (51 16) (71 181 (91 fin) fill 8503 HydM 4 3.6 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 646 4128 0 Waste Analo's rrr.. Appliedvolume PAN (Iblacre) rrr Balance— r Remaining �_ Start r ,m, End T Total #of Sprink. O. Total Volume (gallons per Acre Totals 1 137280 jj 38133,33 J 51.48 Owners Signature Operators Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (1 o) from (B). Continue subtracting column (10) from column (11) foliowing each irrigation event. FORM IRR-2 Lagoon Uquid Irrigation Fields Record I: One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Trail # Field Size (acres) = (A) Farm Owners Address Owner's Phone # Facility Number 1 24-95 Irrigation Operator JERRY JOHNSON irrigation Operators 5235 OLD HYVY. 74 Address CHADBOURN, NC 28431 Operators Phone # 645-4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic, Period MAR-OCT Loading (Iblacre) = (B) 235 f11 (2) 131 (41 151 f61 f71 f81 191 f101 fill 8503 Hyd(k 4 0.67 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN, NC 28431 645-4128 PAN Applied (111blacre) CS; 6 t's) NitrogenVolume Balance— tivaaaj Remaining on Field Inches�.En Per/Acre Remaining 'me Total (Min. U # Of Sprink. Flow Role Total Volume (gallons.) per Acre acre (gav i ) r■�■� �■ � � r �■� �r �� �� �� ■ram ��■ �■■��� Totals 1 68640 1 102447.76 I 1-128.06 1 Owners Signature Operators Signature Certified Operator (Print) Operators Certification Number ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR-2 Lagoon Liquid Irrigation Fields RecordE-'�$ One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Field Size (acres) = (A) Farm Owners Address Owner's Phone # 8503 Hydfk 1 Facility Number _ 24-95 Irrigation Operator JERRY JOHNSON 5235 OLD HWY. 74 Irrigation Operators16454128 AddressCHADBOURN, NO 28431 Operator's Phone # 1.1 Flow Rate: 104 JERRY JOHNSON 5235 OLD HWY. 74 CHADBOURN, NO 26431 645-4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID 13ERMUDAGRASS GRAZED Applic• Period MAR-OCT Loading (Iblacre) = (B) 275 rig r�i rai rep fri (Al (7) fAl (q) (101 till Lagoon Waste Analysis FAN. err ,. (Iblacre) JDOD N Balanoe— (10) ours Remaining D.7Acre sum Sprinir. •. Rate Totals I 1 _ j I —1 Owners Signature Operators Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Facrlity Number 24.95 Irrigation Operator JJERRY JOHNSON Irrigation Operator's 5235 OLD HWY. 74 Address ICHADBOURN. NC 28431 Operator's Phone # 645.4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Appllc. Period MAR-OCT Loading (lblacre) _ (B) 275 f11 r91 r31 rd1 rc, rep n, re, re, 14n% till 8503 Hyd#:2 0,75 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN. NC 28431 645-4128 NEff Room Owner's Signature Operators Signature _ Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633, —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event FORM IRR.2 Lagoon Liquid Irrigation Fields Record :U1NE`3B ` One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Feld Size (acres) = (A) Farm Owner's Address Owner's Phone # Facility Number 1 24-95 Irrigation Operator JJERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address ICHADBOURN, NC 28431 Operator's Phone # 645-4128 From Waste Utittzation Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (Iblacro) _ (B) 275 Ill f21 f3l (41 f51 f61 (7) r8) (91 tin) fill 8503 Hydit: 3 0.8 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY, 74 CHADBOURN, NC 28431 645-4128 E-F 111 k- P PAN App[ied /11 NftMen 1 Hours Inches Start [End Til Total Min. (3) _n #of Sprink •.T7,jt Flow Rate Total �: volume _ a . 1 1 : 11 11 ��■�■�r��� 1. 11 ���■■s�� Totals 1 74880 1 93t woa 1 1 65.52 Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification Number NCDA Waste Anaytsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (8). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record -—LgNE;"48 One Farm for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Field Size (acres) = (A) Faun Owner's Address Owner's Phone # Facility Number 24-95 Irrigation Operator IJERRY JOHNSON Irrigation Operators 5235 OLD HWY. 74 Address ICHADBOURN. NC 28431 Operator's Phone # 64S-4128 From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (1blacre) _ (B) 235 (il (21 (31 141 (5l (81 (7) !S) (91 (10) (111 8503 = HyCW.4 2.5 Flow Rate: 104 JERRYJOHNSON, 5235 OLD HWY. 74 CHADBOURN, NC 28431 645-4128 I ..- PAN App5ed (Iblacre) 100D Nitrogen Balanw- _ Remaining End TotalTotal •. .: Volume Volume per Acre � � � � � � � � ���"rim ' •� r � � ' ' � { �:da,���® Totals 81120 1 32448.00 f 22.71 f Owner's Signature Operator's Signature Certified Operator (Print) Operators Certification Number ' NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633, " Enter the value received by subtracting column (10) from (B). Continue subtracting Column (10) tom Column (11) following each irrigation event- FORM IRR-2 Lagoon Liquid Irrigation Fields Record L:AAIE;� One Form for Each Field per Crop Cycle BERMUDAGRASS GRAZED 2010 Tract # Feld Size (acres) = (A) Farm Owner's Address Owner's Phone it Facility Number 1 24-95 Irrigation Operator [645-412B RRY JOHNSON Irrigation Operator's35 OLD HWY. 74 AddressADBOURN, NC 28431 Operator's Phone# From Waste Utilization Plan Crop Type HYBRID BERMUDAGRASS GRAZED Recommended PAN HYBRID BERMUDAGRASS GRAZED Applic. Period MAR-OCT Loading (lblaae) = (B) 235 (1) f21 i3l r41 r51 mil 17% (AN r91 rim 111) 8503 Hyd#: 5 11 Flow Rate: 104 JERRYJOHNSON 5235 OLD HWY. 74 CHADBOURN NC 28431 845-412B. .. ..Min. Waste Analysis PAN. • 1000 l .1000 AppliedVolume PAN (lblecire) Lai XAS) Balance- (lblaue) 1 Remalning on Fieid PerlAcre Remaining ._Total 0 Of Sprink. •._ Flow Rate Total volume (gallons) per Acre (galfacre) Totals 143520 1 130472.73 _J 145.93 Owners Signature Operator's Signature Certified Operator (Print) Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event NCDA&CS Agronomic Division Phone: (919)733-2655 Web site: www.neagr.gov/agronomi/ Report: W03352 Grower, "r Waste A nalysis Rhortt-, Rx . Johnson, Jerry Or) 5235 Old E vy. 74* Chadboum,NC 28431 Farm: 24-95 Copies to: Aoment Services Inc. Received: 10/28/2010 Completed: 11/0212010 Links to Helpful Informatioll Columbus County Sample Information Laboratory Results (parts per million unless otherwise noted) Sample in, N P X Ca Mg S Fe Mn Zn Ca 8 Mo Cl C Total 306 40.0 778 139 55.7 37.7 3.6o 0.21 0.63 0.45 1.14 jJl 1N-N Waste Code: -NH4 Na Ni Cd Pb Al Se Li P H SS CN DM% CCE% ALE(M) US -NO3 195 7.66 Description: OR-N Swine Lagoon Li . Urea Recommendations: Nutrients Available for First Crop lbs/1000 allons Other Elements lbs/1000 allons Application Method P205 w Ca Mg S Fe Mn Zn Cu 8 Mo Cl Na Ni Cd Pb Al Se Li Irrigation 0.54 6.2 0.81 0.33 0.22 0.02 T T T rl 0.01 1.6 North Carolina Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. 'habacco 'I r L Fund Commission - Steve Troxler, Commissioner of Agriculture Michael F. Easley, Governor o�oF wArE9�G D -C Jerry L. Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen, North Carolina 28438 Dear Mr. Johnson: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 8, 2008 RE�E�VED MAR 0 5 2008 I: Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS240095 Jerry Johnson Farm Animal Waste Management System Columbus County The Division of Water Quality (Division) received your sludge survey information on January 3, 2008. With your results, you requested an extension in the frequency of the sludge survey for Lagoon 1 at the Jerry Johnson Farm facility. The request was denied because our records showed a sludge depth of 1.25 feet on April 15, 2004 while the survey conducted on December 11, 2007 showed a sludge depth of 4.10 feet. The Division subsequently received the results of your 2005 survey which show a sludge depth of 3.28 feet and 2006 survey which show a sludge depth of 3.43 feet. Based on the sludge accumulation anticipated from all four years of data indicating there is an adequate amount of treatment volume available, the Division agrees that a sludge survey is not needed until 2009 (to meet the requirement for a sludge survey in the year of permit renewal). The results of the 2009 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2010. Thank you for your attention to this matter. If you have any questions, please contact me at duane.leith@ncmail.net or by phone at (919) 715-6186. Sincerely, / ' �---t- 4-rr Duane Leith Environmental Engineer cc: Jonathan K. Miller, Agriment Services, Inc. Wihnington Regional Office, Aquifer Protection Section AFO Central Files Aquifer Protection Section 1636 Mail Service Center lntemev www.newater uali .or Location: 2728 Capital Boulevard An Equal OppartunitylAtllnnative Action Employer- 50% Recycledl10% Post Consumer Paper tCarolina urally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 ,.FP740M :AGRIMENT SERVICES INC FAX NO. :12525582750 Oct. 01 2010 03:10PM P1 4,' �A1 lIft Iq �d �. ram • 8- 7b: NC D 4Q AQUIFER PROTECTION More: JONATHAN MILLER ON BEHALF OF AMANDA GAINES JERRY JOHNSON Fam 9103502004 Poses: 3 Phone: D&W 10/1/2010 Re: 2495 CQ ❑ Urgent 0 For Review ❑ Please Comment ❑ Ple"o Reply ❑ Please Recycle e Cammm- : FREEBOARD RECORDS FOR JERRY JOHNSON FARM 24-95. Thanks. OCT 0 12010 Jonathan Miller 9102890393 Aarimentseryicos imi�wrtivahoo.com .'FROM :AGRIMENT SERUICGS INC FAX NO. :12525682750 Oct. 01 2010 03:11PM P3 ■ dWW n"W Gwbft l Iraq or wm"m, 6~ M b= Mat boom bdm/y !as iaw doeML .....�,_�1' NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director January 29, 2010 Jerry Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen NC 28438 Natural Resour Dee Freeman Secretary Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS240095 Jerry Johnson Farm Animal Waste Management System Columbus County Dear Jerry Johnson: The Division of Water Quality (Division) received your sludge survey information on January 19, 2010. With the survey results, you requested an extension of the sludge survey requirement for the lagoon # 1 at the Jerry Johnson Farm. Due to the amount of treatment volume available, and the rate of sludge accumulation for the lagoon, DWQ feels that an extension is not appropriate at this time. The next sludge survey for the lagoon # 1 at this facility should be performed before December 31, 2010. Thank you for your attention to this matter. Please call me at (919) 715-6698 if you have any questions. Sincerely, J.R. Jogfu Animal Feeding Operations Unit cc: Wilmington Regional Office, Aquifer Protection Section Permit File AWS240095 1636 Bail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Blvd., Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX: 919-715-05881 Customer Service: 1-877-623-6748 Intemet: www,ncwalerquality.org NorthCarolina Naturally An Equal Opponunity 1 Affirmative Action Employer College, John From: Jennifer L Johnson pennifer.johnson@uncp.edu] Sent: Tuesday, November 30, 2010 1:52 PM To: agrimentservices@yahoo.com Cc: College, John; Famell, John _�— Subject: RE: Bull Holes-'�i���� Attachments: DWQ letter.docx All, The attached letter was mailed today in response to the notice of violation Jerry received. Please review. The plan of action for the noted violations is in the letter. Regards, Jennifer Johnson -----Original Message ----- From: agrimentservices@yahoo.com[mailto:agrimentservices@yahoo.com) Sent: Tuesday, November 30, 2010 10:39 AM To: Jennifer L Johnson Cc: John College; John Farnell Subject: Bull Holes Jennifer Let me know when Jerry fills the Bull Holes in the field. With Kind Regards, Ronnie "Deno" Kennedy„)r. President of Operations Agriment Services, Inc. PO Box 1096 Beulaville, NC 28518 Office (252)568-2648 Fax (252)568-2750 Mobile (910)289-0394 www.agrimentservices.com I 1 November 29"', 2010 Mr. Charles F. Stehman Environmental Program Supervisor'III Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Response to cited violations of Jerry Johnson Farm, Evergreen North Carolina Dear Mr. Stehman: On November 29h, 2010 we received notification through certified mail of several violations for our farm and swine production facility. This letter is in response to the cited violations and includes our current plan of action for these violations. It is our intent to make the necessary corrections and maintain compliance with all: State regulations associated with discharging of animal waste. As requested, we are submitting an outline of the corrective actions taken thus far towards each cited violation. These actions include the following: Violation 1: Failure to maintain a vegetative cover in accordance with the CAWMP and Condition II. 2. Of Swine Waste System Permit No. AWG100000. It was noted in the letter we received that the staff found fescue crops were insufficient for nutrient utilization. The letter also noted that Mr. Rick Morris, agronomist, recommended plans for improved vegetative cover in 2008. As farm owners we complied with this plan and had the spray fields reseeded with fescue. Mr. Morris has revisited the farm on multiple occasions to reassess these fields. He was present on the farm in 2008 and 2009. He shared with the OIC that there was an established stand of fescue at his last visit. No further recommendations have been received by the OIC about this matter. After the most recent visit by DWQ and DSWC staff on November 10`h 2010, the OIC has again reseeded the spray fields witht fescue on November 24d, 2010. The landowner of the spray fields has livestock, both horses and cattle that continuously graze in these areas. The OIC has discussed options for relocating the animals; howevef at this time the land owner is not compliant with movement of these animals. This has contributed to the lack of established vegetative cover and is an issue the OIC will continue to evaluate. The OIC requests a review of the spray fields by Mr. Morris after the recently reseeded fields germinate. �- Violation 2: Failure -to apply animal waste at rates intended to prevent runoff of ponding in accordance with CAWMP and Condition IL 5. of Swine Waste System General Permit No. AWG100000. It was noted in the letter we received that the staff found excessive ponding of more than four hours in low areas of the Bermuda field. Without receipt of more specific information, such as number of areas observed in field and estimated volumes of ponding, the OIC is not fully able to ascertain the potential for run off of waste. It is possible that livestock in the field have created lower lying areas in which water or waste might accumulate. However, these areas are centrally located in the spray field and are not close to ditches or waterways: Therefore the potential for run off of waste is virtually nonexistent. The OIC has plans to fill the low lying areas in the field with soil to help prevent this problem for occurring in the future. An estimateddate of completion for this is December 4a`, 2010. The OIC requests assistance in planning correction of this violation if the above mentioned plan is deemed insufficient. Violation 3: Failure to maintain the collection, treatment, and storage facilities, and the land application equipment and fields in accordance with CAWMP and Condition H..1. of Swine Waste System General Permit No.-AWGI00000. It was noted in the letter we received that on November 10`h, 2010 staff found a leaking air vent on the top of a hydrant near a ditch in the Bermuda field. The OIC has repaired this faulty equipment on November 11", 2010, one day after the cited visit from DWQ staff. As farm owners we have recently suffered extreme financial difficulty due to a significant loss of farm income from our swine production facility. We were without swine in the four houses for approximately 9 months. This represents a significant financial loss for our family. We have been challenged to continue to make repairs with a significantly lowered farm income. The money:for repair of the faulty equipment was borrowed from a family member. It is the intent of the OIC to comply with all regulations imposed by the State concerning discharge of animal;waste. Violation 4: Failure to noti the Division of Water Quality of a discharge in accordance with CAWMP and Conditions 111.9 and 13 of Swine Waste System General Permit No. AWGI00000..., The OIC did not determine there was a risk for run of off animal waste into the area water supply. The areas noted in the report were not adjacent to a ditch or water source. The ponding in the spray field that was noted was centrally located in the field with no potential for run off. The waste material "observed near the faulty air vent on the hydrant was in a self contained ditch, with no potential"for.run off into a larger ditch. It is the intention of the OIC to comply with reporting of discharge regufations for the State. # . In closing, as farm owners we'have operated our swine production facility for over 1'5 years. We have complied with Stateregulations in every way possible. In the past 15 years, we have-not received a notice of violation nor had a discharge of animal waste that affected the water supply or theyerivironment. We - respectfully request your consideration in this matter and ask that a civil fine not be imposed at this time. - We intend to comply=with all regulations and have corrected most of the cited problems. Our plan 1 includes the correction of the last problem by December 4"', 2010. 5 •.. If you have any questions or should need to contact us further you may do so at 9,10-654=1438. Regards, Jerry and Jennifer Johnson J&J Hog Farms 1649 Silverspoon Road Evergreen, NC 28438 �, 44mENVIRONMENTAL CHEMISTS, INC Oii602WE:9,ill Way -02Z3F�9 ,0-MCZN4 Analytical & Consulting Chemists NCDENR: DWQ CERTIFICATION 9 94 NCDHHS: DLS CERTIFICATION f 37729 COLLECTION AND CHAIN OF CUSTODY CLIENT: 1 V D �YQ-~ �w Gi PROJECT NAME: —�i REPORT NO: ADDRESS: Ia--CA(LV)/NAL)'*NL Cx7 CONTACTNAME: 14MAA(0/9 PO NO: 1-ft�tllcfiTC.1>U� QRL/C)5 REPORT TO: PHONEIFAX: !O -���-%9►a-3S°= COPY TO: E4WWL: Sampled By: A m4APA L a4 [NE9 SAMPLE TYPE: I a Influent, E m Effluent, W s Well, ST' Sboam, SO w Soil, SL - Sludge, Other: mes m��mmoo Comm m�m�m Tsmp0sh" pled: Rejected: Resample Requested. Delivered By:rne��1 , . Received By: Kda t r "i`uvv,u Dom• ►r roio Tlme•_ Y 3Sp_ �'±� Comments: —TURNAROUND: Environmental Chemists, Inc. • 6602 Windmill Way • Wilmington, NC 29405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) SM 710 Sowsertown Road • Manteo, NC 27954 (252) 473-5702 ANALYTICAL & CONSULTING CHEMISTS NCDENR: DWQ CERTIFICATE #94. DL5 CERTIFICATE #37729 NCDENR-DWQ 127 N_ Cardinal Drive Ext. Wlimington NC Attention: Date of Report: Nov 26, 2010 Customer PO #: 28405 Report #: 2010-11414 Report to: Project ID: Lab ID Sample ID: Sample #1 10-28797 Site: Test Total Kjeldahl Nitrogen (TKN) Fecal Coliform Nitrate Nitrogen (Calc) Nitrite Nitrogen Nitrate+Nitrite-Nitrogen Nitrate Nitrogen Collect Dateffime Matrix Sampled by 11/10/2010 2:54 PM Water Amanda Gaines Method Results Date Analyzed EPA 351.2 302 mg/L 11/24/2010 SM 9222D MF - 590000 Colonies/100mL 11/10/2010 EPA 353.2 EPA 353.2 Suttracbm Method Comment. - Reviewed by: c. 1 0.49 mg/L 0.49 mg/L <0.02 mg/L By: DEC 0 2010 11/11/2010 11 /22/2010 11 /24/2010 Report IV 2010-11414 Pape 1 of 1 Anatytical & Cansutting Chemists 4M ENVIRONMENTAL CHEMISTS, INC ��E 91illWay 23FAgton, NC WN NCDENR: DWQ CERTIFICATION 6 84 NCDHHS: CLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY CLIENT: IVO V ENS-DWQ PROJECT NAME: 9 L� —6 S _ REPORT NO: / D ADDRESS: C—:x? CONTACT NAME: OM AA(0/9 64 iV OC- _ PO NO: I Llf�l�isTCucJ j QRt-f6S REPORT TO: PHONEIFAX: COPY TO: E-MAIL: Sampled ft-AmeqAgAL trrE.s SAMPLE TYPE: I m Influent, E o Effluent, W = Well, ST = Stream, SO = Soil, SL a Sludge, Other: Sam p le Identification Collection E S U _ $ V 9Ix PRESERVATION ANALYSIS REQUESTED Date Time Tem �- Q Sam I 11 ,U /U jLtsL4 ley C 2979• a i 7YN No PEc4L G C P G G C P F243 G G nir r (i? 2010 G G C P By: G G C P G G C P G G C P G G C P G G C P G G NOTICE - DECHLOFURATION: Samples for Ammonla, TKN, Cyanift PhwNO and Bacteria must be dechlortnetsd (0.2 ppm or less) in the fleld at the UM of collection. Sea rovarse for kWbVCt wM Transfer Relinquished Data/Time Received By: Data/Time T$mpafature en Received: 05 • [o "C Accepted: ✓ Rejected: Resample Requested: rsivered By:rn�, . Received By: Tkvku Date: �r —Time: ►n Comments: TURNAROUND: No* Csviin Dlvioaa of wow Qwhty (NCE)W(2) is oWi* as rcing SPA rq*mdoaa for ample oaMwdoo and Proarvaboa 14 s s. ZgBRMVAMOJ (In TwdPEO Sompl@a laM b. a�ideald or mcal•@d as iw b.e....n __ srd ��,,, SAY@ r'e�oalnad wifiia.two M bwo of ooOweiw zm* allow s de ww ont 7brahm pipe ra�ard. eealsoftm at ousswaa 1a RON pevvldad on adlwalao do& A two (3 icor bait to dwWwRr powwo amon by pR im dlows4 oamst I br =woo& ampiaa:V - o6orbondnlar @dial wll s■at ba wdisa�d st firth@ of o�adNodaa, Thaw s =Wb boadi nor ooraia . mall amass of add ar odw a d=A pommy hnoM ornoiai. LAbomonfin mat d to add don di■miio@b tar orrbia so ir= in oadr b 6m ary witM SrA pAowada@ q n W Um sass my w6ot apaa wad bwAft dw botch@ If mW chmb W dw mU got as yoar mid@ or dodrs dui Smaibrwiit wow and sink ar6oni rlsandm t DO bOr lk floonfto witM awd is bold@ bdbw oonsa ft swupiw as a rir�ieat naaotim wi0 o�aa+r.r , 1. Add 4-5 ptusdw of diomi o b a bold@ wifb ao said peaaarvadw, Z. Aft Mbdif b &MOW do diioNMM% pow b&of &o am* foo a bode oya"ft said as a prrlvnlia@ ��} . 3. Tbu co"IN 6► M boll bode will Am& a■*L 7U Lai rswy will vw* and doaowcth abvry rsgaaatld iafiz=Wo L "Aa sy dr a liantarr -wrtv ample w►ilab do so now impla oohi@% bold d� ar jrmr�►aaioa do 1■iaea x 3 me Md* do aopf@ odswor w dim sad aaMM wotbw =Erb dpaaiia lr M mobr .1 la �SOMON4 dw MOM dw ! � 00 � dw S 6200 *WW07 s Ord s■�t 5r is so r wllM dfico"21310 ibdri a Monet t omaa l w aadws wine so prow dk pr,abio idr idr �OIL November 29`b, 2010 Mr. Charles F. Stehman Environmental Program Supervisor III Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 DEC o Z Z010 BY: Subject: Response to cited violations of Jerry Johnson Farm, Evergreen North Carolina Dear Mr. Stehman: On November 29'h, 2010 we received notification through certified mail of several violations for our farm and swine production facility. This letter is in response to the cited violations and includes our current plan of action for these violations. It is our intent to make the necessary corrections and maintain compliance with all State regulations associated with discharging of animal waste. As requested, we are submitting an outline of the corrective actions taken thus far towards each cited violation. These actions include the following: Violation 1: Failure to maintain a vegetative cover in accordance with the CAWM_P and Condition H. 2. Of Swine Waste System Permit No. AWG100000. It was noted in the letter we received that the staff found fescue crops were insufficient for nutrient utilization. The letter also noted that Mr. Rick Morris, agronomist, recommended plans for improved vegetative cover in 2008. As farm owners we complied with this plan and had the spray fields reseeded with fescue. Mr. Morris has revisited the farm on multiple occasions to reassess these fields. He was present on the farm in 2008 and 2009. He shared with the OIC that there was an established stand of fescue at his last visit. No further recommendations have been received by the OIC about this matter. After the most recent visit by DWQ and DSWC staff on November 10'" 2010, the OIC has again reseeded the spray fields with fescue on November 24 h, 2010. The landowner of the spray fields has livestock, both horses and cattle that continuously graze in these areas. The OIC has discussed options for relocating the animals; however at this time the land owner is not compliant with movement of these animals. This has contributed to the lack of established vegetative cover and is an issue the OIC will continue to evaluate. The OIC requests a review of the spray fields by Mr. Morris after the recently reseeded fields germinate. Violation 2: Failure to apply animal waste at rates intended to prevent runoff ofponding in accordance with CAWMP and Condition ILS. of Swine Waste System General Permit No. 4WG100000. It was noted in the letter we received that the staff found excessive ponding of more than four hours in low areas of the Bermuda field. Without receipt of more specific information, such as number of areas observed in field and estimated volumes of ponding, the OIC is not fully able to ascertain the potential for run off of waste. It is possible that livestock in the field have created lower lying areas in which water or waste might accumulate. However, these areas are centrally, located in the spray field and are not close to ditches or waterways. Therefore the potential for run off of waste is virtually nonexistent. The OIC has plans to fill the low lying areas in the field with soil to help prevent this problem for occurring in the future. An estimated date of completion for this is December e, 2010. The OIC requests assistance in planning correction of this violation if the above mentioned plan is deemed insufficient. Violation 3: Failure to maintain the collection, treatment, and storage facilities, and the land application equipment and fields in accordance with CAWMP and Condition 11.1. of Swine Waste System General Permit No. AWG100000. It was noted in the letter we received that on November 10"', 2010 staff found a leaking air vent on the top of a hydrant near a ditch in the Bermuda field. The OIC has repaired this faulty equipment on November I Ith, 2010, one day after the cited visit from DWQ staff. As farm owners we have recently suffered extreme financial difficulty due to a significant loss of farm income from our swine production facility. We were without swine in the four houses for approximately 9 months. This represents a significant financial loss for our family. We have been challenged to continue to make repairs with a significantly lowered farm income. The money for repair of the faulty equipment was borrowed from a family member. It is the intent of the OIC to comply with all regulations imposed by the State concerning discharge of animal waste. Violation 4: Failure to notify the Division of Water Quality of a discharge in accordance with CAWMP and Conditions M1.9 and 13 of Swine Waste System General Permit No. AWG100000. The OIC did not determine there was a risk for run of off animal waste into the area water supply. The areas noted in the report were not adjacent to a ditch or water source. The ponding in the spray field that was noted was centrally located in the field with no potential for run off. The waste material observed near the faulty air vent on the hydrant was in a self contained ditch, with no potential for run off into a larger ditch. It is the intention of the OIC to comply with reporting of discharge regulations for the State. In closing, as farm owners we have operated our swine production facility for over 15 years. We have complied with State regulations in every way possible. In the past 15 years, we have not received a notice of violation nor had a discharge of animal waste that affected the water supply or the environment. We respectfully request your consideration in this matter and ask that a civil fine not be imposed at this time. We intend to comply with all regulations and have corrected most of the cited problems. Our plan includes the correction of the last problem by December e, 2010. If you have any questions or should need to contact us further you may do so at 910-654-1438. Regards, Jerry and Jennifer Johnson J&J Hog Farms 1649 Silverspoon Road Evergreen, NC 28438 Postal Service CERTIFIED MAIL ■ ■ m iL i (Domestic Mail Only, Cr oQG C , , U8F; m nJ Postage $ Ln Certified Fee O D Postmark C3 Retum Receipt Fee Hera ca (Endorsement Required) - 10 C3 Restricted Delivery Fee Q (Endorsement Required) O C-1 TOW Postage & Fees $ . l-U Sent To ^� C3--------------------- Street, Apt. No.: or PO Box No,.: �l� — pc F ���/ � � � ------`--- City, State, ZfP+4 L Ff'38' -PS Form 3800, April 2002 ■ Complete items 1, 2, and 3�Aiso complete A ature item 4 If Restricted Delltery is d3ired. ❑ Agent w Print your name and address on the reverse ❑ Addressee Received (Printed Name) C. Data of Delivery - . s0 that we can return the card to you. rt Attach this card to the hack of the m9pieoe, or on the front if space permits. D. Is delivery address different fro es t. Article Addressed to: If YES, enter delivery address beGials 1�rb�•'y /'nr . V ell)' i� L r �, hs'vri OIOe ! i�er,S�Mcn Rood m + ' `4 A- m i s. r Awl �� t"�il❑ �ile✓� ree�t� Ale- fib' ,38 Registered l""'�" R_ ecelpt for Merchandise ❑ Insured Mall❑ C.O.D. - 4. Restricted Delivery? {Extra Fee) ❑ Yes 2. Article NumberTT—` O 2 0 0 t 0005 '2 3'$ 9+ B� 2 3 f � (Transfer from service la6e1) PS Form 3811, February 2004 Domestic Return Recelpt 102595•o24A-1540 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 1000 0005 2389 8423 Mr. Jerry L. Johnson 1649 Silverspoon Road Evergreen, North Carolina 28438 Dee Freeman Secretary Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2010-PC-1156 Administrative Code 15A NCAC 2T . 13 04 Jerry Johnson Farm. Facility No. 24-95, Permit No. AWS240095 Columbus County Dear Mr. Johnson: On November 10, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) and the NC Division of Soil and Water Conservation (DSWC), inspected the Jerry Johnson Farm and the permitted waste management system. t.., . As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General . Permit No. AWG100000 as follows: Violation 1: Failure to maintain a vegetative cover in accordance with your CAWMP and Condition H. 2. of Swine Waste System General Permit No. AWG100000. On November 10, 2010, staff noted fescue crop as insufficient for nutrient utilization. An Agronomist report and recommendation for spray fields from Rick Morris, NCDA&CS regional agronomist, dated August 20, 2008 was sent to Mr. Jerry Johnson to establish vegetative cover. Required Corrective Action for Violation 1: Please provide to our office, a description of activities you plan to take to establish adequate vegetative growth. Such activities may include recommendations by a technical specialist or agronomist if appropriate. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwatefguali!y.org NorthCarolina Natl-ll'allff An Equal Opportunity/Affirmative Action Employer 50% Recycled/10%o Post Consumer Paper Customer Service 1-877-623-6748 Jerry Johnson Fauns Notice of Violation and Recommendation for Enforcement 24-95 November 17, 2010 Page 2 of 3 Violation 2: Failure to apply animal waste at rates intended to prevent runoff or ponding in accordance with your CAWMP and Condition H. 5. of Swine Waste System General Permit No. AWG100000. On November 10, 2010, staff noted excessive ponding of more than four hours in low areas of the Bermuda field. Required Corrective action for Violation 2: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to excessive ponding and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of you CAWMP and/or adjustment and calibration of the spray irrigation equipment. Violation 3: Failure to maintain the collection, treatment, and storage facilities, and the land application equipment and fields in accordance with your CAWMP and Condition 11. 1. of Swine Waste System General Permit No. AWG100000. On November 10, 2010, staff noted a leaking air vent with cloth wrapped around the top from a hydrant at a ditch in the Bermuda field. Required Corrective action for Violation 3: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to leaking of animal waste to field ditch and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to replacing malfunctioning equipment. Violation 4: 1` f Failure to notify the Division of Water Quality of a discharge in accordance with your CAWMP and Conditions .. f 111. 9 and 13 of Swine Waste System General Permit No. AWG100000. Required Corrective action for Violation 4: In the future you must notify the Division of Water Quality of the occurrence of any reportable events in accordance with your permit. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before December 17, 2010: ` 1. An explanation from the OX for this farm regarding how these violations occurred. 2. A list from the 01C concerning the steps that will be taken to prevent these violations from occurring in the future. You are required to take any necessary .action to correct the above violations on or before December 1, 2010 and to provide a written response to this Notice by December 17, 2010. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addresse d. As a result of the violations in this Notice, this office is considering a recommendation for a ci-wil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement ac tion is still deemed appropriate, it will be forwarded to the Director and included for consideration. �+.at t_Sr Jerry Johnson Farms PNotice of Violation and Recommendation for Enforcement ' 24-95 November 17, 2010 Page 3 of 3 If you have any questions concerning this Notice, please contact John Famell at (910)796-7388. Yours very truly, L IN,MM Charles F. Stehman, Ph.D., P.G. Environmental Program Supervisor III cc: APS CAFO Unit Edward Davis, Columbus County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC John College, DSWC-WiRO DWQ Wilmington Animal Files 24-95 S:\WQSIANIMALS\COLUMBUS\2010\24-95NOVRFE t\ PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NameiIdentifier (ID): IJerry Johnson 1 24-95 I 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard 10/1/2010 a. current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 73206 ft e. line cJ12 x line d x 7.48 gallonslW 45632 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 432000 ft3 h. current herd # 3200 certified herd #1 3200 actual waste produced = current herd # x line g = 432000 W certified herd # i. volume of wash water according to structural design 0 ft3 j. excess rainfall over evaporation according to design 44625 1ft3 k. (lines h + i + j) x 7.48 x 30 daystline f= 594193 gallons 4. Total PAN to be land applied during draw dmvn period I. current waste analysis dated 7/6/2010 0. 701 lbs11000 gal. m. ((lines e + k)11000) x line I = 447.9 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) OCT 0 4 2010 PoA (30 Day) 2/21 /00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry_Johnson line m = 447.9 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n.lines 1+2+3+4+5+6= 447.9lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1745 h d #6 Fescue 2.35 160.00 376.0 Aug -July 1745 h d #7 Fescue 2.35 160.00 376.0 Aug -July 1745 h d #8 Fescue 1.89 160.00 302.4 Aug -July. 1745 h d #9 Fescue 2.60 160.00 416.0 Aug -July 8503 h d #1 Small Grain 4.10 50.00 205.0 Mar -Oct 8503 h d #2 Small Grain 3.20 50.00 160.0 Mar -Oct 8503 h d #3 Small Grain 3.20 50.00 160.0 Mar -Oct 8503 h d #4 Small Grain 3.60 50.00 180.0 Mar -Oct 8503 h d #5 Small Grain 1.10 50.00 55.0 Mar -Oct 8503 h d #1b Small Grain 1.10 50.00 55.0 Mar -Oct 8503 h d #2b Small Grain 0.75 50.00 37.5 Mar -Oct 8503 h d #3b Small Grain 0.80 50.00 40.0 Mar -Oct 8503 h d #4b Small Grain 2.50 50.00 125.0 Mar -Oct 8503 h d #5b Small Grain 1.10 50.00 55.0 Mar -Oct 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 2542.9 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line in from section II) = 447.9 Ib. PAN x. Crop's remaining PAN balance (line v from section III) = 2542.9 Ib. PAN y. Overall PAN balance (w - x) = -2095 Ib. PAN PoA (30 Day) 2/21/00 Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump S haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2121100 .f PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE Il 13 6R 1. Structure Name/Identifier (ID): Jer Johnson�24-95 j L� 2. Current liquid volume in 25 yr.124 hr. storm,storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/W 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 17.0 inches 19.0 inches 2.0 inches 7320fi ftz 91263 gallons 180 days g. volume of waste produced according to structural design 1 432000 ft3 h. current herd # 3200 certified herd # 3200 actual waste produced = current herd # x line g = 432000 ft' certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 dayslline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 8/10/2009 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ft3 44625 ft3 594193 gallons 2.00 Ibs11000 gal. 1370.9 lbs. PAN PoA (30 Day) 2/21/00 ' II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: ,ferry Johnson line rn = 1370.9 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n.lines 1+2+3+4+5+6= 1370.9lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Ib/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1745 h d 6 Fescue 2.35 100.00 235.0 se -au 8503 h d1 SG 4.10 50.00 205.0 mar-oct 8503 h d2 SG 3.20 50.00 160.0 mar-oct 8503 h d2b SG 0.75 mar-oct 8503 h d3 SG 3.20 50.00 160.0 mar-oct 8503 h d4 SG 3.60 50.00 180.0 mar-oct 8503 h d 5b SG 1.10 50.00 55.0 mar-oct 8503 h d7b Fescue 4.35 100.00 435.0 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1430.0 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (fine n from section II) = 1370.9 lb. PAN PoA (30 Day) 2121 /00 •' x. Crop's remaining PAN balance (line v from section Ill) 1430.0 lb. PAN y. Overall PAN balance (w - x) _ -59 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Waste will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2121 /00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Jer Johnson�/24-95 l 2. Current liquid volume in 25 yr./24 hr. storm storage & structur I freboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/ft' 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design 14.0 inches 19.0 inches 5.0 inches 73206 ft2 228159 gallons 180 days 432000 ft3 h. current herd # 3200 certified herd # 3200 actual waste produced = current herd # x line g = 432000 fP certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 dayslline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 11 /30/2009 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 1ft3 44625 ft3 594193 gallons 2.30 1 Ibs/1000 gal. 1891.4 lbs. PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry Johnson line m = 1891.4 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line rn = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 1891.4 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT RE APPLIED DURING THIS 30 DAY PERIOD_ o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u, application window' 1745 h d #6 Fescue 2.35 69.19 162.6 Aug -July 1745 h d #7 Fescue 2.35 160.00 376.0 Aug -July • 1745 h d #8 Fescue 1.89 160.00 302.4 Aug -July 1745 h d #9 Fescue 2.60 160.00 416.0 Aug -July 8503 h d #1 Small Grain 4.10 38.43 157.6 Mar -Oct 85031 h d #2 Small Grain 3.20 37.03 118.5 Mar -Oct 85031 h d #3 Small Grain 3.20 31.48 100.7 Mar -Oct 8503 h d #4 Small Grain 3.60 33.53 120.7 Mar -Oct 8503 h d #5 Small Grain 1.10 1.50 1.7 Mar -Oct 8503 h d #1 b Small Grain 1.10 50.00 55.0 Mar -Oct 8503 h d #2b Small Grain 0.75 2.58 1.9 Mar -Oct 8503 h d #3b Small Grain 0.80 50.00 40.0 Mar -Oct 85031 h d #4b Small Grain 2.50 50.00 125.0 Mar -Oct 85031 h d #5b Small Grain 1.10 17.67 19.4 Mar -Oct 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1997.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 1891.4 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1997.5 lb. PAN y. Overall PAN balance (w - x) = -106 lb. PAN PoA (30 Day) 2/21100 I Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Waste will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2121/00 Steve Troxler Commissioner To: From: Subject: Date: North Carolina Department of Agriculture and Consumer Services Agronomic Division Dr. Colleen Hudak -Wise Director Mr. Jerry Johnson, 5235 Old Hwy 74, Chadbourn, NC 28431 Mr. John College, DENR Regional Office, 127 Cardinal Dr, Wilmington, NC 28405 Rick Morris, NCDA&CS regional agronomist Agronomist Report and Recommendation for Spray Fields August 20, 2008 On August 12, 2008, grower Jerry Johnson and I met with officials from the Division of Soil and Water, DWQ and Murphy -Brown to visit problem spray fields and discuss management issues. The first two fields we observed consisted of 24 acres of failed fescue. The remaining spray fields contained adequate stands of established Bermuda in jeopardy due to weed problems_ I discussed a management plan with all in attendance, and everyone agreed to the suggestions. My recommendations are summarized here at the request of John College of the Division of Soil and Water. . Replant the first two fields in fescue. Since they have some surface compaction at the present time, use an aerator before planting. The aerator should loosen the soil to a depth of four to six inches. Spray the first two fields with gramoxone at a volume of 20-30 gallons of water per acre. The rate will vary depending on the trade name of the product used but generally should be about 2.5 pints of gramoxone per acre plus 1 quart of a non-ionic surfactant per 100 gallons of water. Do this about two weeks prior to planting. If needed, apply an additional application of gramoxone at a rate of 1.5-2.5 pints per acre after planting but before fescue emerges. Products such as 2,4-D or Banvel, which could ordinarily be used to enhance kill of broadleaf weeds, should be omitted in these front fields because tobacco is planted on a nearby farm. Plant a minimum of I5-20 lb of `Kentucky 31' fescue seed per acre, using no -till practices. Ordinarily, 15 lb would be sufficient to obtain an adequate stand, but because of the soil type, I believe it would be preferable to use a higher seeding rate and disturb the soil as little as possible. Plant seed % to 1 inch deep, but no deeper. The earliest planting date for Columbus County is September 15, and I advise having seed in the ground before September 30 if weather permits. If dry weather develops after planting, 1/4 inch of waste water can be applied to the field primarily for water value. I am concerned about applying more water and nutrients, which may promote competition for the new fescue crop. 1040 Mail Service Center, Raleigh, North Carolina 27699-1040 (919) 733-2655 0 Fax (919) 733-2637 An Equal Opportunity Affirmative Action Employer Avoid grazing new fescue until early March and until plants are 8 inches tall. Establish temporary fencing in fields Before they are grazed. Afterwards, move cows to new areas every a few days to prevent overgrazing. Keep horses off newly established fescue because they are spot grazers and tend to graze too closely. Allow only cows to graze on new fescue fields until additional inspections confirm a solid stand of fescue. Weed control for the first two (front) fields will also need to be addressed, but we can wait until winter to identify the weeds and prescribe a management program. The remaining Bermuda fields we observed had adequate coverage, but surface compaction was evident. Aerate these fields before the summer is over. In the future, aerate at least once per season as long as the field is being grazed Avoid aeration during winter months to prevent cold injury to the root system. Pigweed and palmer amaranth are primary weed problems in the Bermuda fields. Because it is late in the season and the root system is large, mowing may be the best management solution. Routine mowing about every two weeks should keep the Bermuda from being shaded out and cut down on the number of mature weed seed. Scheduling is a judgment call based on weed size and existing environmental growing conditions. If tobacco.on the neighboring farm is harvested this month, then Weedmaster, Banvel or Clarity can be used to help kill weeds. Although there are few grazing restrictions with these products, read and follow label suggestions regarding the advisability of allowing animals to remain on site after herbicide application. Jerry, you may want to apply a product called Cimmaron next spring on your Bermuda fields. It will help clean up bahia grass and also give you some broadleaf suppression. If tobacco or cotton is not planted within a'/2 mile of your farm next spring, then you could used some of the other products mentioned once you see emergence of these weeds. I hope these recommendations will help get this farm back on the right track. I am available to answer your questions. Just give me a call. Sincerely, Rick Morris CC: Greg Carter, Murphy -Brown John Farnell, Division of Water Quality- Wilmington J. Kent Messick, NCDA&CS Agronomic Division o�oF w a 610-6E- January 18, 2008 Jerry L. Johnson Jerry Johnson Farm 1649 Silverspoon Road Evergreen, North Carolina 28438 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colecn H. Sullins, Director Division of Water Quality Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS240095 Jerry Johnson Farm Animal Waste Management System Columbus County Dear Mr. Johnson: The Division of Water Quality (Division) received your sludge survey information on January 3, 2008. With your results, you requested an extension in the frequency of the sludge survey for Lagoon 1 at the Jerry Johnson Farm facility. Our records show a sludge depth of 1.25 feet on April 15, 2004 while the survey conducted on December 11, 2007 shows a sludge depth of 4.10 feet. If this rate of accumulation is continuing the liquid treatment zone depth would be projected to approach the 4 foot minimum depth by the end of 2008. For this reason, the Division can not extend the sludge survey date. The results of the 2008 sludge survey are to be submitted on or before March 1, 2009. Thank you for your attention to this matter. If you have any questions, please contact me at duane.leith@ncmail.net or by phone at (919) 715-6186. Sincerely, Duane Leith Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Section AFO Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterquality.ore Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50°% Recyded110% Post Consumer Paper o NCarolina Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 NN A C] 'r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 1, 2007 I -DECEIVED Jerry L Johnson Jerry Johnson J U N 2 6 2007 1649 Silverspoon Rd Evergreen, NC 28438 BY, Subject: Certificate of Coverage No. AWS240095 Jerry Johnson Animal Waste Management System Columbus County Dear Jerry L Johnson: In accordance with your application received on 15-Dec-06, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Jerry L Johnson, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. . This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Jerry Johnson, located in Columbus County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 3200 Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition 111.19 does not apply. Pursuant to this COC, 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. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please iay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatercluality.orJt Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer- 50% RecydedllO% Post Consumer Paper NoroithCarolina JVatura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate undei this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to MRCS standards and the permit is rescinded by the Division. 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, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division 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 permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-395-3900. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733- 3221. Sincerely, for Coleen H. Sullins Enclosures (General Permit AWG100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Columbus County Health Department Columbus County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AWS240095 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P-E. Director Division of Water Quality April 28, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jerry Johnson Jerry Johnson Farm 1872 Gibsonville Ossipee Rd Elon, NC 27244 Re: Request for Information Facility Annual Stocking Average Jerry Johnson Farm Permit #: NCA224095 Columbus County Dear Jerry Johnson: Based on information submitted with the facility's Animal Facility Annual Certification Form, the Division of Water Quality (DWQ) is requesting additional information related to the annual average of animals for the year 2005. The Certificate of Coverage (COC) NCA224095 of your NPDES Permit states: "This approval shall consist of the operation of this system, including, but not limited to, the management of animal waste from the Jerry Johnson Farm located in Columbus County, with an animal capacity of no greater than an annual average of 3,200 Feeder to Finish, and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows." The Division received your annual certification form on March 06, 2006. On that form, you indicated that your annual average was 3,468. This exceeds the annual average specified in your COC of 3,200. To avoid possible enforcement action for a violation of your permit, please submit the facility's stocking records for the year 2005 within thirty (30) days to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateruualitv.ore Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper No Carolina ,Jl�trrra!!� Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Contd. Page 2 April 28, 2006 Jerry Johnson NCA224095 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 715- 6937 or the Wilmington Regional Office at (910) 796-7215. cc: APS Central Files Wilmington Regional Office. Sincerely, Miressa D. Garoma Animal Feeding Operations Unit 1\ ANIMAL FACIL FrY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number 24-95 County Columbus Year goo-3 Facility Name (as shown on Certificate of Coverage or Permit) Terry Tohnson Operator in Charge for this Facility Terry Tohnson Certification # 20422 Land application of animal waste as allowed by the above permit occurred during the past calendar year ® YES p NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was Handled. PartI : Facility Information: 1. Total number of application Fields ❑ or Pulls ® (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWyIP): 13 Total Useable Acres approved in the CAWMP 32.7 Q. Total number of Fields 0 or Pulls ® (please check the appropriate bog) on which land application occurred during the year: $ Total Acres on which waste was applied 21.5 3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 2516 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 7316.15 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year NIA tons ❑ or gallons [{ (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 3019 is a vartial ays from Avr 03-Dec 03 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest q2 0� — -- Smallest -7- 7 ON _ (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) S. Facility's Integrator if applicable: Murphv Browns LLC Part II: Facilit_q Status: IF THE ANSWER TOAWT STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. 1. Only animal waste generated at this facility Nvas applied to the permitted sites_during ® Yes ❑ No the past calendar year. AFACF 3-14-03 !z. The facility was operated in such a way that there was no direct runoff of waste from ® Yes ❑ No the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. S. There was no discharge of waste to surface water from this facility during the past ® Yes [:]No calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during ❑ Yes ® No the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the ® Yes ❑ No Ievels specified in this facility's CAVOMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. N/A ❑ Yes ❑ No 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon N/A ❑ Yes ❑ No was designed or reduce the lagoons minimum treatment volume to less than the volume for which the lagoon was designed. 8. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. N/A ❑ Yes ❑ No 9. Annual soils analysis were performed on each field receiving animal waste during the ® Yes ❑ No past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? ❑ Yes ® No 11. All required monitoring and reporting was -performed in accordance with the facility's ® Yes ❑ No permit during the past calendar year. 12, All operations and maintenance requirements in the permit were complied with during ® Yes ❑ No the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 15. Crops as specified in the CAWMP were maintained during the past calendar year on all ® Yes ❑ No sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were ® Yes ❑ No maintained during each application of animal waste during the past calendar year. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Terry Tohmon - Permittee Name and Title (type or print) ly Signa of Permi tee V29/04 Date /f Signp6re ofOpeAtor in Charge / Date (if different from Permittee) Corrective Actions: Field j2 needed lime. Lime will be applied in accordance with NCDA recommendations. The WRO was notified of freeboard problems and a plan of action was submitted It should be noted that Technical Assistance is limited with the N/A answered items, however every attempt will be made to comply by 4/24/04. AFACF 3-14-03 2 41' zq- - q; ", IL TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 Y HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Jerry Johnson line m = 2047.0 2. Structure ID: line m = 3. Structure ID: line m = 4. Structure ID: line m = 5. Structure ID: line m = 6. Structure ID: line m = n.lines 1+2+3+4+5+6= 2047.0 III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAY PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r z s 1745 h d 6 Fescue 2.35 89.37 210.0 8503 h di Coastal 4.10 235.00 963.5 8503 h d2 Coastal 3.20 235.-00 752.0 8503 h d2b Coastal 0.75 275.00 206.3 8503 h d3 Coastal 3.20 235.00 752.0 8503 h d4 Coastal 3.60 235.00 846.0 8503 h d 5b Coastal 1.10 235.00 258.5 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 3988.3 IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 2047.0 PoA (30 Day) 2/21 /00 x. Crop's remaining PAN balance (line v from section Ill) = 3988.3 y. Overall PAN balance (w - x) _ -1941 Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pur PoA (30 Day) 2/21 /00 R.124 lb PAN lb PAN lb PAN lb PAN lb PAN lb PAN lb PAN NDOWN DAY PERIOD. u. application window mar-oct mar-oct mar-oct mar-oct mar -act mar-oct lb. PAN lb. PAN PoA (30 Day) 2/21100 Ib. PAN Ib. PAN show as a deficit, list course of action here including pump and h PoA (30 Day) 2/21100 U _ OX Service., ECEIPT ICA= TIFIED MAIL., R (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our wpe�bsitl at ww p .u4sps.com ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name anuladdress on the reverse so that we cat return the card to you. ■ Attach this card to the back of the matilpiece, or on the front if space permits. 1. Article Addressed to: jElciry)0�V, � AJCSe-7 A. Printed Name) I C. D. Is delivery address different from item If YES, enter delivery address below: ❑ Agent ❑ Addressee rte f livery Ys a r) ❑ No Ca d tk ( n 1t 3. Service Type �$ y 3 1 �ertified Mal ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise 1:1 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 0500 0000 8804 321r1, (Transfer from service labeq I PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 3 j Michael F. Easley, Governor `0� 9QG William G. Ross Jr., Secretary coy North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E. Director 0 Division of Water Quality July 22, 2003 CERTIFIED MAIL # 7003 0500 0000 8804 3211 RETURN RECEIPT REQUESTED Jerry Johnson 5235 Old NC SR 74 Chadbourn, NC 28431 Subject: Inadequate Freeboard No Further Action Jerry Johnson Facility # 24-95 Columbus County Dear Jerry Johnson: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. The Wilmington Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information submitted, the Wilmington Regional Office has determined that an NOV is appropriate due to unsatisfactory operation and maintenance of the waste treatment system. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year_ Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. NCDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 B00 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity I Affirmative Action Employer 50% recycled / 10% post -consumer paper http:l/h2o.enr.state. nc. us Inadequate Freeboard Jerry Johnson July 22, 2003 Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Wilmington Regional Office at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC John College, WiRO — DSWC Edward Davis, Columbus County Soil and Water Conservation District Non -Discharge Compliance and Enforcement Unit DWQ Central Files Wilmington Files 24-95 OF W AJFR Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources j Alan W. Klimek, P. E., Director 'i Division of Water Quality April 9, 2003 Jerry Johnson Jerry Johnson 5235 Old NC SR 74 Chadburn, NC 28431 Subject: Certificate of Coverage No. NCA224095 Jerry Johnson Swine Waste Collection, Treatment, Storage and Application System Columbus County Dear Jerry Johnson: On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General Permit for swine facilities. The General Permit was issued to enable swine -facilities in North.Caroiina to obtain coverage under a single permit that addresses both State and Federal requirements. In accordance with your application received on January 30, 2003, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Jerry Johnson, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with NPDES General Permit NCA200000. The issuance of this COC supercedes and terminates your COC Number AWS240095 to operate under State Non -Discharge Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Jerry Johnson , located in ColumbusCounty, with an animal capacity of no greater than an annual average of 3200 Feeder to Finish swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC, 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. An adequate system -for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and Federal general permit it contains many new requirements in addition to most of the conditions contained in the current State general permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this nermit. The Devices to Automaticallv Ston Irrigation Events Form must be returned to the Division of Water Quality no later than 120 days following receipt of the Certificate of Coverage. The Animal Facility Annual Certification Form must be completed and returned to the Division of Water Quality by no Iater than March 1st of each year. AIM Non -Discharge Permitting Unit Internet http:/Ih2o.enr.state.nc.us/ndpu 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733.5083 Fax (919)715-6048 Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycledll0% post -consumer paper ation Plan has been developed based on site specific information, careful evaluation necessary. Should your records show that the current Waste Utilization Plan is -ieed to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current MRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. 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, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit. after the expiration date of the General Permit, an application for renewal must be filed at least 180 days .prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division 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 NPDES Permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wihnington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, el - for Alan W: Klimek, P.E. Enclosures (General Permit NCA200000, Record Keeping and Reporting Package) cc_ (Certificate of Coverage only for all cc's) Columbus County Health Department Wilmington Regional Office, Water Quality Section Columbus County Soil and Water Conservation District Permit File NCA224095 Permit File AWS240095 NDPU Files k� J4 Pa PLAN OF ACTION JPoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/ldentifier (ID): a Johnson 24-95 2. Current liquid volume in 25 yr.124 hr. storm storage S structural freeboard a. current liquid level according to marker 16.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 7320fi fe e, line cJ12 x line d x 7.48 gallonsife 136895 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 432 000 ft3 h. current herdd # 3200 certified herd # 3200 actual waste produced = current herd # x line g = 432000 fts oer#fied herd # i. volume of wash water according to structural design, 0 fe i eiccess rainfall over evaporation according to design 44625 fe k. (lines h + i + j) x 7.48 x 30 days/line f= 594193 gallons r 4. Total PAN. to be land applied during draw down period I. current waste ana"is dated 4181 33 2.870 lbs11000 gal. i m. ((lines e ¢ k)11000) x line 1= 2047.0 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PDA (30 Day) 2I21100 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Je2y Johnson fine m = 2047.0 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6, Structure ID: line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 2047.0lbPAN Ili. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. Meld # q. Crop r. acres s. remaining iRR 2 PAID! balance (!lucre} t TOTAL PAN BALANCE FOR FIELD (lba.) column r x s a. application %window' 1745 hyd 6 Fescue 2.35 89.37 210.0 see±ug 8503 h d1 Coastal 4.10 235.00 963.5 mar-od 8503 hyd2 Coastal 3.20 235.00 752.0 mar-oct 8503 h d2b Coastal 0.75 275.00 206.3 mar -act 8503 h d3 Coastal 3.20 235.00 752.0 mar-oct 8503 h d4 Coastal 3.60 235.00 846.0 mar -act 8503 h 5b Coastal 1.10 235.00 258.5 mar-nct i 'State current Crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sure of column Q = 3988.3 lb. PAN I IV. FACILIT)rS PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 2047.0 lb. PAN PGA (30 Day) 2121100 x. Crop's remaining PAN balance (line v from section 111) 3988.3 lb. PAN y. Overall PAN balance (w - x) -1941 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to ,another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2/21100 ct'OF W A rc;,QG Michael F. Easley {"i ` pVerrlpr UJ William G. Ross Jr., Secretary > Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jerry Johnson 5235 Old NC SR 74 Chadburn, NC 28431 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Jerry Johnson #24-95 Columbus County Dear Sir or Madam: On April 11, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on September 24, 1998. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist ' us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity/Aifrmative Action Employer 50% recycled / 10% post -consumer paper ht1pY1h2o.enr state.nc. us 1 �6EN1 Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Wilmington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our. Wilmington Regional Office Staff at (910) 395-3900. Sincerely, Alan W. Klimek, P 1✓. Director cc: Wilmington Regional Office /� Non-Discharge Compliance/Enforcement Unit Central Files Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number 24 -- 95 Date 2-1-2000 Farm Name Time Jerry Johnson Owner First Name Jerry Call Number 780 Owner Last Name Johnson Q Reporting O Complaint Source Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Breached 10 Yes ONO Freeboard Lagoonl 17 2/3/2000 2-2-2000 Depopulated O Yes ONO Freeboard Lagoon2 Overflowed O Yes O No LQ Issue Freeboard Lagoon3 O Yes O NO ? PermissionToPump Freeboard Lagoon4 O Yes ONO Inundated O Yes O No Freeboard Lagoon5 7 Flooded O Yes O No Freeboard Lagoonfi 7 Pumping Equipment O Yes O No Comments ..hig.h..fr.aebaard..le.vrel... .t..thi ..f. rm,.. h... 1. a.. se.nt..bAhe-plan.. of..actio.n..the..farm..we>��d..fallow..as..requi�ra.d..f�.y...D.W..Q..P..ilot.c�.unty....................................................... ................................................................................................................................................................................................................................... Entered by Trent Allen DSWC. .................................................................................................................................................................................................................................... ............. ......... ................... ......... .... .......... ....-.... ........ .................................................................................................................................................. ................................................................................................................................................................................................................................... .................................................................................................................................. I-- ...... ................. ............................................................... .................................................................................................................................................................................................................................... ......................................................................................................................................................-..---.--..--......................--..................................... ................................................................................................................................................................................................................................. .......................................................................................................................................................-.........--......--.................---.................................... ....I.....................................................................................................................................................................................I....I.......I...I........ ................ ................... I ........... -...... ........................................................................................... ......... .-.......... ......... ....-................ ............................................................................•---..........................................---.--..---..................................................................... .................................................................................................................................................................................................................................... ................................................... ...................................................... ............... I....,...................................................................................................... ...................................................................................................................................................................................................................... ................................ ..................................... .......................................... ............................................................... ................ ............................. I........ .................................................................. -.................................................................. ................. ............................................................................ ...................................... ....................... -................ ........ ........... .........._....................................................... ........................ .-......... ............................. .............................1...............--......--..---.............--......................................................................................................................................................... ........................................ ....................... .................. ................ ................ I ... ...................................... ............ I ...................... I ......................... I .... I..... Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number Farm Name Jerry Johnson Owner First Name Perry Owner Last Name ohnson O Reporting O Complaint Source Inches Date-15-2000 Time 12:00 Call Number 901 Plan Due Date Date Plan Date Freeboard (? equals blank) Received Level OK Breached Q,Yes 0 NO Freeboard Lagoonl 18 /17/2000 Depopulated 0 Yes ONO Freeboard Lagoonl ? Overflowed Q Yes 0 No LQ Issue O Yes ONO Freeboard Lagoon3 ? PermissionToPump Q Yes Q NO Freeboard Lagoon4 ? Inundated O Yes O Np Freeboard Lagoons ? Flooded Q Yes Q NO Freeboard Lagoon6 ? Pumping Equipment O Yes Q No Comments 01/07/2000 13:26 9106426766 COLUMBUS CDUNTY FSA PAGE 06 Plan Amendment to Include S&WCC Chronic Practices and Standardt through March 31, 2000 I. If this facility can comply wizh-its existing ppipit aad-CAWMP it m=.do so. - - 2. Temporary Addition of New Sprayficlds (`) ( iacck appropri"ate boxes.) — 0 A. acres of cropland. List crop type used: {)13. acres of hardwood woodland @ 00 lbs PAN / ac. a added. j] C. ace of pine woodland added Q 0 lbs ?AN / acre added - at Summer Perennial Grass (Check appropriate b x-) Q A. Application window+ extended for acres of perennial grass until first frilling frost Q 13. An additional 501bs of PAN applied to ___acres of perennial grass prior to killing frost. 4. PA N AppIicatian Increased for Small Grains Win±er Grassits to be harvested. (Check appropriate box.) )(.A -PAN application increased up to 200 lbs r ac - for AU acres of'small gas or winrcr grassts to be harvested. �l 3. PAN application, increased up to 150 lbs per a^re for acres of ovence-ded sunmer perennial included in 3. B. 5. Wane Analysis (Check appropriate box.) )(A- Prior to Decamber 11% I999 the t2lcul2ti n of PAN will be bas-d on a 3=%reducrion of :be last analysis takes prior to the fim, 25 year 24 hour storm event. {Cur. enc waste analysis must be lased after Q B. Use cur. mat waste ana?ysis to de=mine P , h. 5. Reouired - Maxi -tram Nhro¢en UtiizLnon Measw-s for Small Grains and Svinin Gasses, A. Use ofhigher and iag ems. B_ Timely lawn. eat of ;orate to increase yiel� and C. irrigating during periods of w,4- nw weather. 7. Required - G i;atioa N,arzgstent Tecanicues�to Reduce Runafr and Pondiatg Po=tial. A. Making fraQaenr light irrigation ap.iicanons, and B. Not hi -acing ir=1-ateiy before predicted rai::faIL 8. 'rue owner / manager is ;-wired to manage the imrar s, ensure compi aacr with the facility's t 9. Anthon2vion to use the a ddiw- nal p amces iz Any diSChasge is 3 viola on and may result in 10. ine owner, / opera -or is rxcuimd to keep :ts.-.t of animals to and from rise facility to mizin i :avisp=rntal and amraded CAWNe, and evoid dis=bang: to surface watr-:s- de3 in ;!G amendment mmims ii a faciiiry diszharges to stake u7.ters. r- enfce.'n=nt action. of aL, waste appiicatiors.- 11. This =wiston must tncru_c a maD or skztz�h of nt w 1:a: avniicaaon arz2s Facuiy Number � T - jr— /ov f acilitx Owner !P* N2_ t (PR.RT) Manage: cimaurre Dar. /� J� ,ac m Name 7 cal Specialist Name (PRWI-) This document must be nIed at the SW CD office and be attached to the facilities CAVRAP amd be available for. inspection at the faciliti. (}} New temporary spraylzeI,ds mus ,-e-: appEz-able buf:e; and setback recLirem_ats. Wz= mus not be applied to wetlands. i 1/10/1999 Feb 92 00 ❑4:23p Sonya Barber 910-645-6758 2-4 -qS Harvest Net, Inc. Agri Management Services P.O. Bar 32, Council, NC 28434 (910) 645-6758 (910) 876-0733 Fax Transmission Cover Sheet Date: Feb. 2,2000 To: Stoney Matthis From: Sonya Johnson Barber Re: Pages: Waddell Farms, Jerry Johnson Columbus Co. 3 Feb 02 00 04:23p Sanya Barber 910-645-6758 p.2 Z4-�s Jerry Johnson 5235 Old Hwy 74 Chadbourn, NC 28431 February 2, 2000 ATTN: Trent Allen >E7irrision of Soil and Water 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr. Allen, To comply with the most recent Division of Water Quality policy, this letter is to inform you ofthe freeboard level at the Jerry Johnson Farm. The resent cold and wet weather has prevented irrigation and the prwipitation amounts have exceeded 10 inches in the past two weeps As reported to you on February 1, 2000, the lagoon level is 17'. The following plan of action has been inkisted to lower and maintain the lagoon levels to the requinA 192' freeboard. * Monitoring lagoon levels on a daily basis. * MonAormg and mmmnmg fresh. water usage within the farm to prevent additional accumulation of liquid in lagoons. * Storing as much lagoon liquid as possible in pit recharge buildings to prevent higher lagoon levels. * Irrigating as soon as pomble on the winter crop in the driest spraybelds available at the farm using frequent and light applications to reduce potential for run-off or ponding. We are committed to operating in an environmentally safe manner and will do all that is posssle to lower and maintain the lagoon levels at as appropriate Level. If there are additional practices which you recommend, please contact me at (910) 654-1438. Sincerely, Jerry ro6nson 0- a m� `a O 2 U ' m >��n o- a;� w - N rin CO,Q L. ea Q w- ti z iu •� � o � m ~' V] C3 0 Q s--, C t ti N U ^ o U �u7JJ ■ Completedms 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 rnailpiece, or on the front if space permits. 1. Article Addressed to: i Mr. Jerry Johnson Jerry Johnson Farm 5235 Old NC SR 74 Chadbu 2. A- Received by (Please print Clearly) S. Date of Delivery C. X l/IKJ�� 11 0 Ad( deliverya different from item 17 ❑ Yes YES, enter delivery address below; ❑ No fill NC 28471 3. Service pe PS Forrrt 381`t1, July 1 '�[%ertified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D- 4. Restricted Delivery? (Extra Fee) 0 Yes �rvice !abet) Domestic Return Receipt 102595.99-M-1789 State of North Carolina Department of Environment and Natural Resources • Wilmington Regional Office .tames B. Hunt, Jr., Governor NCI)ENR Bill Holman, SecretaryR Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality April 13, 2000 CERTIFIED MAIL # P 328 829 382 RETURN RECEIPT REQUESTED Mr. Jerry Johnson Jerry Johnson Farm 5235 Old NC SR 74 Chadburn, NC 28471 Subject: Notice of Deficiency Jerry Johnson Farm Facility Number: 24-95 Columbus County Dear Mr. Johnson: This is to notify Mr. Jerry Johnson, who'holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 21-1.0200 and North Carolina G.S.143.215.1, of a deficiency of Animal Waste Permit AWS 240095. On February 1, 2000, it was reported by your facility that the freeboard level in your lagoon was not in compliance with a level of 17 inches. Therefore, this notice is being sent'in accordance with the Division of Water Quality's (DWQ) high freeboard policy. You -should have submitted a Plan of Action to obtain compliance within a stipulated time frame depending on your lagoon level. The following procedure is to be implemented whenever the freeboard level in any lagoon is not in compliance: 1. Notify DWQ Wilmington Regional Office within 24 hours 2. Submit appropriate Plan of -Action documents obtained from DWQ, Soil & Water district office, or Service Company 3. Provide DWQ Regional Office with weekly updates 4. Notify DWQ Regional Office when compliance is attained. It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh water usage and 2) make any necessary changes to the waste management system and/or waste utilization plan to help maintain appropriate lagoon levels. 127 North Cardinal Dr., Wilmington, North Carolina 28405 'Telephone 910-395-3900 FAX 920-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper kr Mr. Jerry Johnson April 13, 2000 Page 2 The Division of Water Quality will take no further action for this reported incident at this time_ DWQ may pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste Permit AWS 240095 for future occurrences.. If you have any questions concerning this matter please do not hesitate to contact either Mr. Stonewall Mathis or myself at (910) 395-3900. Sincerely, Dean Hunkele Environmental Specialist cc: Donna Register, Columbus County Soil and Water Conservation Jimmy Vinson, Brown's of Carolina Trent Allen, DSWC Fayetteville Regional Office DWQ Non -Discharge Operations Branch File DWQ Wilmington Animal Files 24-95 S:1WQSIANIMALSICOLUMBUS12000124-95 Johnson NOD.wpd State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Jerry Johnson Jerry Johnson 5235 Old NC SR 74 Chadbum, NC 28471 Dear Jerry Johnson: A • Aff;lk NCDENR NORTH C.AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 24-95 Columbus County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY 1, DRY2, DRY3, SLUR 1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc. Wilmington Regional Office Columbus County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recyded/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Jerry Johnson Jerry Johnson 5235 Old NC SR 74 Chadburn, NC 28471 Dear Jerry Johnson: AdMANNOWEIIIIIIIIIIIIII C�4i NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 8, 1999 Subject: Conditional Approval Animal Waste Management System Facility Number 24-95 Columbus County Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 7, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 extension 571. Sincerely, Sonya L. Avant Environmental Engineer cc: Wilmington Regional Office Columbus County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 - An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 1, State of North Carolina Department of Environment and Natural Resources - Division of Water Ouality' .lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director September 24, 1998 Jerry Johnson Jerry Johnson 5235 Old NC SR 74 Chadburn, NC 28471 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE$ SEP 2 Subject: Certificate of Coverage No. AWS240095 Jerry Johnson Swine Waste Collection, Treatment, Storage and Application System Columbus County Dear Jerry Johnson: In accordance with your application received on August I4, 1998, we are forwarding this Certificate of Coverage (COC) issued to Jerry Johnson, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Jerry Johnson Farm, located in Columbus County, with an animal capacity of no greater than 3200 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, 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 COC 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. 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, or penalties in accordance with NCOS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. 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 COC 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 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% past -consumer paper rCertificate of Coverage AWS240095 Jerry Johnson y Page 2 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 Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact JR Joshi at (919) 733-5083 ext. 363. Sincerely (/Z 1 A. Preston cc: (Certificate of Coverage only for all cc's) Columbus County Health Department Wilmington Regional Office, Water Quality Section Columbus County Soil and Water Conservation District Permit File -Central Files Permit File-NDPU :&/ I Sward, Jr., P.E. I State of North Carolina Department of Environment and Natural Resources,- Division of Water Quality Non -Discharge Permit Application Form (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: OO� 1.1 Facility Name: Jerry Johnson 4ramwer#H$1}1`'` 1.2 Print Land Owner's name: Jerry Johnson 1.3 Mailing address: 5235 Old NC SR 74 City, State: Chadburn, NC Zip: .28471 Telephone Number (include area code): 910-654-3872 1.4 County where facility is located: Columbus 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): Take Hwy 74 west to SR 1547. Turn right and farm is 0.3 miles on right. 1.6 Print Farm Manager's name (if different from Land Owner): 1.7 Lessee's / grator's n e (if applicable; please circle which type is listed): Brown's of Carolina, Inc. 1.8 Date Facility Originally Began Operation: /%b 1.9 Date(s) of Facility Expansion(s) (if applicable): A%/} _ 2. OPERATION INFORMATION: 2.1 Facility No.: �24 (county number); 95 (facility number). 2.2 Operation Descrip an Swine operation Fe der to Finish 3200- Certified Design Capacity Is the above information correct? yes; I�no. If no, correct below using the design capacity of the facility The "No. of Animals" should be them num`�r or which the waste management structures were designed. Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals Wean to Feeder Layer Dairy Feeder to Finish Non -Layer Beef Farrow to Wean (# sow) Turkey Farrow to Feeder (# sow) Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of Animals: F11RM! A W0-G-F. ;/29/9R Paore t of 4 24 - 95 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 2&,d ; Required Acreage (as listed in the AWMF): _ -"T. 2.4 Number of agoon storage ponds (circle which is applicable): 2.5 Are subsurface drains present within. 1 00' of any of the application fields? YES or (please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or 9 (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) YES or NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? r -- What was the date that this facility's land application areas were sited? 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the. foil required items by signing your initials in the space provided next to each item. - 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, infection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.11 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 3.3.14 Mortality Control Checklist with the-selected-nethod-noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. L'nDAAf. A VWA-1`__Ti ZP721UR Paaw 7 of A 7d - o4 ,r Facility Number: 24 - 95 FacilityName: Jerry Johnson (Grower #301) 4. APPLICANT'S CERTIFICATION: I, A) (Land Owner's name listed in question l .2), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be ryturned to me 4;irWomplete. Signature Date 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) 1, (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E 5/28/98 P51aP't ofd 7A_RG r ABT =R"MMFICATZON FOR NEW OR S►'~2A== F==00TS P? eaae rat•.L= the cgleted fot=s to the Div:.aion of X.vL=0—�tal Ha :agarmnt at the addrean on th4 reve:aa aide of t'ais faz3. "Name of faz-4 (Pleas ,dcress : - — - IWA WMd4i"c - &Z71 Phone No _ : !!4_ & S r ;j 87 a r- County-. Ej - Farm location: Latitude and Longitude:;� _ f-+ (required) . Also, please attach a copy of a county road map with location identified. Type of Operation (swine, layer, dairy, etc.): .SUJ%NE. Design capacity (number of Animals): _ 3Zo0_ F,'/,/Sf ' & Average size of operation- (12 month population avg.):, 3Z0o-r1NAs*f/XCr Average acreage needed for land application of waste (acres)z zP.� aaaaaaaabaaaaanamaataaaanaasansaaazxraaaa�sasaaaabaaaasagaaaaasaaaasaasamaaassaas Tecb_-ical specialist certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Savironmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria-i=aue_beer�verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate •-»antity and amount of land for waste utilization (or use of third party) ; access or oaners:i;p of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stor-water runoff events less severe than the 25-year, 24-hour storm. Name of Technical Spact lint (Please Print):___ '� ` R. Vinson `~1ffi.liation- `s of Carolina Inc. Address (A ) : Dr, Sox -UgZ = _R Phone No.9'10=2 3-3600 Signatur - Date: ;aaaaaaaav� ss�?a asaaaaasaaaaaasaassaaasaaasasaa=a:aaaaaasasaaaa:so C.wne= tl (we) under d th operation and maintenance procedures established in the approved an' 1 waste management plan for the farm named above and will implement these procedures. I (we) know- that any additional expansion to the existing design capacity of the waste. treatment and storage system or construction of now _acilities will require a new ce—ificatian to be submitted to the Division of environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of- the, state either through a man-made conveyance or through ninofi from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed at the ;arm and at the office of the local Soil ar_d Water Conservation District. Name of T.sad Awae= (Please Print),: �Signatur0 e i xaae of 2La.go=, i-f different Date: 6 owner (Please print) : Signature- Date: Note: A change i_n land oarership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental. Management within 6o days of a title transfer. DE`I USE ONLY:AaN w# 25' 23; 34" 22' Produced by the United States Geological Survey in cooperation with North Carolina Department of �oQ Natural ResourCes and Community Development Geodetic Survey C.Mxrirol by (1SCS. NOSMOAA. and North Carolina Topol ,oftby pbohmpammetftmethods iroms aerial phatograPbl taken 1979. Fish cbedced 19M Map edited 19" --. prnyection and 10 W04m* grid dcl- North Carolina aoorbnate MYstMm. ilambert conformal conic) 1000-raeter Unreal TraftSVerse Mercator grid, zone 17 1927 North Amerlean Datum TO place oa the pm&cW North American Datum 19&% MK, 107 M/A.S 22 MIS Ur1M GM AM r9W MAGNEM NOR-M D CUMTMON AT CENTM OF SHEET 1I Dnerator:Jerry Johnson II County: Columbus Date: uistance to nearest residence (other than owner): >1500 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) x 1417 lbs. _ 0 sows (farrow to feeder) x 522 lbs. _ 3200 head (finishing only) x 135 lbs. _ 0 sows (farrow to wean) x 433 lbs. - 0 head (wean to feeder) x 30 lbs. - Describe other Total Average Live Weight = 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON 10/31/95 feet 0 lbs 0 lbs 432000 lbs 0 lbs 0 lbs 0 432000 lbs Volume = 432000 lbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)/lb. ALW = 1 CF/lb. ALW Volume = 432000 cubic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 0.0 cubic feet 4. TOTAL DESIGNED VOLUME Inside top length feet -- 300.0 Inside top width (feet)----------------------- 255.0 Top of dike elevation (feet)----------------- 50.6 Bottom of lagoon elevation (feet)------------ 38.4 Freeboard (feet) ------------------------------ 1.0 Side slopes (inside lagoon)------------------ 3.0 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDEI SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 294.0 249.0 11.2 AREA OF TOP LENGTH * WIDTH = 294.0 249.0 AREA OF BOTTOM LENGTH * WIDTH = 226.8 181.8 73206 (AREA OF TOP) 41232 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 260.4 215.4 224361 (AREA OF MIDSECTION * 4) CU. FT. _ (AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/ 73206.0 224360.6 41232.2 1 Total Designed Volume Available = 632425 CU. FT 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length * Width = 300.0 255.0 76500.0 square feet Buildings (roof and lot water) 0.0 square feet Describe this area. TOTAL DA 76500.0 square feet Design temporary storage period to be 180 days. 5A. Volume of waste produced Feces & urine production in gal./day per 135 lb. ALW 1.37 Volume = 432000 lbs. ALW/135 lbs. ALW * 1.37 gal/day 180 days Volume = 789120 gals. or 105497.3 cubic feet 5B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recircula- the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day * 180 days storage/7.48 gallon per CF Volume = 0.0 cubic feet 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amoun 180 days excess rainfall = 7.0 inches Volume = 7.0 in * DA / 12 inches per foot Volume = 44625.0 cubic feet 5D. Volume of 25 year - 24 hour storm Volume = 7.5 inches / 12 inches per foot * DA Volume = 47812.5 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 105497 cubic feet 5B. 0 cubic feet 5C. 44625 cubic feet 5D. 47813 cubic feet TOTAL 197935 cubic feet 6. SUMMARY Temporary storage period====================> 180 Rainfall in excess of evaporation===========> 7.0 25 year - 24 hour rainfall====-------=----==> 7.5 Freeboard- _----______________> 1.0 Side slopes- ---- ---_------_-_--___> 3.0 Inside top length— ------________--____> 300.0 Inside top width ------------ --------=====> 255.0 Top of dike elevation=-=-----_------____---_=> 50.6 Bottom of lagoon elevation__________________> 38.4 Total required volume= --------------- 629935 Actual design volume --- -----------------=> 632425 Seasonal high watertable elevation (SHWT)===> 46.5 Stop pumping elev. -----___----_____-_--_> 46.7 Must be > or = to the SHWT elev.=====__==> 46.5 Must be > or = to min. req. treatment el.=> 44.4 Required minimum treatment volume==--========> 432000 Volume at stop pumping elevation=====-====> 433534 Start pumping elev.-—______-------------_> 48.9 Must be at bottom of freeboard & 25 yr. rainfall Actual volume Less 25 yr.- 24 hr. rainfall==> 584612 Volume at start pumping elevation===========> 581974 Required volume to be pumped===============> 150122 Actual volume planned to be pumped= --- ====> 148440 days inches inches f eet : 1 feet feet f eet feet cu. ft. cu. ft. f eet feet feet f eet cu. ft. cu. ft. f eet cu. ft. cu. ft. cu. ft. cuft. r_ -- 1. DESIGNED BY: r DATE: (b APPROVED BY: DATE: f 1111fS `g I NOTE: SEE ATTACHED WASTE UTILIZATION PLAN lJ J *Note: Engineering approval is for minimum design standards and is based on pre -construction site and'soils investigations. Technical specialist shall verify soils.during construction, co with Engineer on any required modifications, and perform final as --built certification. Technical specialist is responsible for excavation calculations and nutrient management plan. Technical specialist to verify with owner/operator (1) all applicable setback distances, and (2) excavation of known tile drains in construction area before sitework begins. SHEET 1 OF 2 SPECIFICATIONS FOR CONSTRUCTION OF WASTE TREATMENT LAGOONS ---------------------------------------------------------- FOUNDATION PREPARATION: ----------------------- The foundation area of the lagoon embankment and building pad shall be cleared of trees, logs, stumps, roots, brush, boulders,sod and rubbish. Satisfactory disposition will be made of all debris. The topsoil from the lagoon and pad area should be stripped and stockpiled for use on the dike and pad areas. After stripping, the foundation area of the lagoon embankment and building pad shall be thoroughly loosened prior to placing the first lift of fill material to get a good bond. EXCAVATION AND EARTHFILL PLACEMENT: ----------------------------------- The completed excavation and earthfill shall conform to the lines, grades, and elevations shown on the plans. Earthf ill material shall be free of material such as sod, roots, frozen soil, stones over 6 inches in diameter, and other objectionable material. To the extent they are suitable, excavated materials can be used as fill. The fill shall be brought up in approximately horizontal layers not to exceed 9 inches in thickness when loose and prior to compaction. Each layer will be compacted by complete coverage with the hauling and spreading equipment or standard tamping roller or other equivalent method. Compaction will be considered adequate when fill material is observed to consolidate to the point that settlement is not readily detectible. NOTE THE SPECIAL REQUIREMENTS FOR PLACEMENT OF LINERS IN THE LINER SECTION OF THIS SPECIFICATION. The embankment of the lagoon shall be installed using the more impervious materials from the required excavations. Construction of fill heights shall include 5 percent for settlement. Dikes over 15 feet in height and with an impoundment capacity of 10 acre-feet or more fall under the jurisdiction of the NC Dam Safety Law. The height is defined as the difference in elevation from the constructed height to the downstream toe of the dike. Precautions shall be taken during construction to prevent excessive erosion and sedimentation. LINER: THE MINIMUM REQUIRED THICKNESS SHALL BE 1.8 ft. ------------------------------------------------- NOTE: LINERS (PARTIAL OR FULL) ARE REQUIRED WHEN THE ATTACHED SOILS INVESTIGATION REPORT SO INDICATES OR WHEN UNSUITABLE MATERIAL IS ENCOUNTERED DURING CONSTRUCTION. A TYPICAL CROSS SECTION OF THE LINER IS INCLUDED IN THE DESIGN WHEN LINERS ARE REQUIRED BY THE SOILS REPORT. When areas of unsuitable material are encountered, they will be over - excavated below finish grade to the specified depth as measured perpendicular to the finish grade. The foundation shall be backfilled as specified to grade with a SCS approved material (ie - CL,SC,CH). REFER TO THE SOILS INVESTIGATION INFORMATION IN THE PLANS FOR SPECIAL CONSIDERATIONS. SHEET 2 OF 2 Soil liner material shall come from an approved borrow area. The minimum water content of the liner material shall be optimum moisture content which relates to that moisture content when the soil is kneaded in the hand it will form a ball which does not readily separate. Water shall be added to borrow as necessary to insure proper moisture content during placement of the liner. The moisture content of the liner material shall not be less than optimum water content during placement. The maximum water content relates to the soil material being too wet for efficient use of hauling equipment and proper compaction. Proper compaction of the liner includes placement in 9 inch lifts and compacted to at least 90 percent of the maximum ASTM D698 Dry Unit Weight of -the liner material. When smooth or hard, the previous lift shall be scarified and moistened_ as needed before placement of the next lift. The single most important -factor affecting the overall compacted perme- ability of a clay liner, other than the type of clay used for the liner, is the efficient construction processing of the compacted liner. The sequence of equipment use and the routing of equipment in an estab- lished pattern helps assure uniformity in the whole placement and compaction process. For most clay soils, a tamping or sheepsfoot roller is the preferable type of compaction equipment. The soil liner shall be protected from the discharge of waste outlet pipes. This can be done by using some type of energy dissipator(rocks) or using flexible outlets on waste pipes. Alternatives to soil liners are synthetic liners and bentonite sealant. When these are specified, additional construction specifications are included with this Construction Specification. CUTOFF TRENCH: -------------- A cutoff trench shall be constructed under the embankment area when shown on a typical cross section in the plans. The final depth of the cutoff trench shall be determined by observation of the foundation materials. VEGETATION: All exposed embankment and other bare constructed areas shall be seeded to the planned type of vegetation as soon as possible after construc- tion according to the seeding specifications. Topsoil should be placed on areas of the dike and pad to be seeded. Temporary seeding or mulch shall be used if the recommended permanent vegetation is out of season dates for seeding. Permanent vegetation should be established as soon as possible during the next period of approved seeding dates. When the drains are encountered, the tile will be removed to a minimum of 10 feet beyond the outside toe of slope of the dike. The the trench shall be backfilled and compacted with good material such as SC, CL, or CH. SEEDING SPECIFICATIONS ---------------------- AREA TO BE SEEDED: 3.0 ACRES USE THE SEED MIXTURE INDICATED AS FOLLOWS: 180.0 LBS. FESCUE GRASS AT 60 LBS./ACRE (BEST SUITED ON CLAYEY OR WET SOIL CONDITIONS) SEEDING DATES: SEPTEMBER 1 TO NOVEMBER 30 FEBRUARY 1 TO MARCH 30 90.0 LBS. RYE GRAIN AT 30 LBS./ACRE (NURSERY FOR FESCUE) 0.0 LBS. 'PENSACOLA" BAHIA GRASS AT 60 LBS./ACRE (SEE FOOTNOTE NO. 1) SEEDING DATES: MARCH 15 TO JUNE 15 0.0 LBS. HULLED COMMON BER14UDA GRASS AT 8 LBS./ACRE (SUITED FOR MOST SOIL CONDITIONS) SEEDING DATES: APRIL 1 TO JULY 31 0.0 LBS. UNHULLED COMMON BERMUDA GRASS AT 10 LBS./ACRE SEEDING DATES: JANUARY 1 TO MARCH 30 0.0 LBS. RYE GRASS AT 40 LBS./ACRE (TEMPORARY VEGETATION) SEEDING DATES: DECEMBER 1 TO MARCH 30 LBS. APPLY THE FOLLOWING: 3000.0 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE) 6.0 TONS OF DOLOMITIC LIME (2 TONS/ACRE) 300.0 BALES OF SMALL GRAIN STRAW (100 BALES/ACRE) ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE ALL DISTURBED AREA IMMEDIATELY AFTER EARTH MOVING IS COMPLETED. APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH SMOOTH SEEDBED. APPLY SEED AND FIRM SEEDBED WITH A CULTIPACKER OR SIMILAR EQUIPMENT. APPLY MULCH AND SECURE WITH A MULCH ANCHORING TOOL OR NETTING. 1. PENSACOLA BAHIAGRASS IS SLOWER TO ESTABLISH THAN COMMON BERMUDA GRASS. WHEN USING BAHIA, IT IS RECOMMENDED THAT 8 LBS./ACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL BAHIAGRASS IS ESTABLISHED. S. Deparumen t o Agricu i sil Conservation Service September ism Fite Code: 2I0 oGn HAZAM CLASSIFICATION DATA SKEET MR 3ndowner Gi ;oamunity or Group''No ' Conservation- Plan No. . . estimated Depth of Watei- to Top. of Oam�_ ,Ft.- Length of Flood Pool d a Ft., . )at-- of Field Hazard Investigation Evaluation by reach of flood plain downstream to the point of estimated minor effect from sudden dam failure. _ ev, t. evitlon • - .. Kind of : Improvements : of Brmch Reach: Length : ' Wi dth : Slope-: Land. Ilse Improvements Above : Fl oodwai er Above Flood Plain: Flood Plain Ft. t_ t. • w 3 _ Describe potential for loss of life and damage to existing or pro le futu dcwnStam improvements from a sudden breach_ .R L - - - 6S 5 _ l; Hazard Classification of Data o, b, c) (see NEM-Part 520M) ..�. Dam Classification (I, It. III, I& V) Date z Concurred By, . LE -. title) NOTE: i. Instructions on reverse side. 2. Attach additional sheets as needed. 0 -H � Jill won Q v • l 06 it 01 OQ EXC 29 CY FILL = PAD a i DII(E_ 29 9S CY t 33�•S' 10%W.", TOTAL: 76 Cy COMPUTATIONS BY: A �e, t uiS f LL s TYPICAL X—SECTION SEE NOTE 3 SEE NOTE. 2 �i MIES: . 1) ALL WEAK MATERIAL TO BE OVERCUT AND BACKFILLED AND COMPACTED. THICKNESS OF LINER DEPENDS ON OVERALL OEM. LINER FOR THIS LAGOON iQ BE 2) DIKE BEHIND 13LDGS TO BE MIN. 0.50. HIGHER THAN OTITER PLAN19ED ELEV., 3) WALK AND LOADING AREA TO OE GUILT 1,5' ABOVE LOW END PADS. BUILD 6' WIDE CONTIN., 7, FROM REAR OF BLOCS, rii i Tn W11GS ill -'FORE EQUIP MOVES UUT (WORK TO BE T13M ELEV. .50.000 NAIL IN:----.. ------- .. 'ter--`��' '. CORE TRENCH SEE, . SOIL SHEE� FOR DEPTH . 51TECONDITION NOTES SHEET 1 OF 2 OPERATION AND MAINTENANCE PLAN ------------------------------ This lagoon is designed for waste treatment (permanent storage) and 180 days of temporary storage. The time required for the planned fluid level (permanent and temporary storage) to be reached may vary due to site conditions, weather, flushing operations, and the amount of fresh water added to the system. The designed temporary storage consists of 180 days storage for: (1) waste from animals and (2) excess rainfall after evaporation. Also included is storage for the 25 year - 24 hour storm for the location. The volume of waste generated from a given number of animals will be fairly constant throughout the year and from year to year, but excess rainfall will vary from year to year. The 25 year rainfall will not be a factor to consider in an annual pumping cycle, but this storage volume must always be available. A maximum elevation is determined in each design to begin pumping and this is usually the outlet invert of pipe(s) from building(s). If the outlet pipe -is not installed at the elevation to begin pumping, a permanent marker must be installed at this elevation to indicate when pumping should begin. An elevation must be established to stop pumping to maintain lagoon treatment depth. Pumping can be started or stopped at any time between these two elevations for operating convenience as site conditions permit, such as weather, soils, crop, and equipment in order to apply waste without runoff or leaching. Land application of waste water is recognized as an acceptable method of disposal. Methods of application include solid set, center pivot, guns, and traveling gun irrigation_ Care should be taken when applying waste to prevent damage to crops. The following items are to be carried out: 1. It is strongly recommended that the treatment lagoon be pre - charged to 1/2 its capacity to prevent excessive odors during start-up. Pre -charging reduces the concentration of the initial waste entering the lagoon thereby reducing odors. Solids should be covered with effluent at all times. When precharging is complete, flush buildings with recycled lagoon liquid. Fresh water should not be used for flushing after initial filling. 2. The attached waste utilization plan shall be followed. This plan recommends sampling and testing of waste (see attachment) before land application. 3. Begin temporary storage pump -out of the lagoon when fluid level reaches the elevation 48.9 as marked by permanent marker. Stop pump - out when the fluid level reaches elevation 46.7 . This temporary storage, less 25 yr- 24 hr storm, contains 150122 cubic feet or 1122915 gallons. SHEET 2 OF 2 4. The recommended maximum amount to apply per irrigation is one (1) inch and the recommended maximum application rate is 0.3 inch per hour. Refer to the waste utilization plan for further details. 5. Keep vegetation on the embankment and areas adjacent to the lagoon mowed annually. Vegetation should be fertilized as needed to maintain a vigorous stand. 6. Repair any eroded areas or areas damaged by rodents and establish in vegetation. 7. All surface runoff is to be diverted from the lagoon to stable outlets. 8. Keep a minimum of 25 feet of grass vegetated buffer around waste utilization fields adjacent to perennial streams. Waste will not be applied in open ditches. Do not pump within 200 feet of a residence or within 100 feet of a well. Waste shall be applied in a manner not to reach other property and public right-of-ways. 9. The Clean Water Act of 1977 prohibits the discharge of pollutants into waters of the United States. The Department of Environment, Health, and Natural Resources, Division of Environ- mental Management, has the responsibility for enforcing this law. EMERGENCY ACTION PLAN • PHONE N J?VMERS - SWCD 1a &'f,3L �3q? iyRCS 9to (o 42, 57ov •--77ais plat w-�l be irplemeated in the event tllm: warms frarz your ope:adon are Fang overffcw ng, a =,.nmg a=. size You shcu?d not w-a:t cum wastes reach surface wat-z or leave your proper 7y to coasider that you have a probleaL You should mike every effort to ensure t= this does not b=uea- This gl= sh IJ he.2aged .'3= aggiul Ir, jocation far 2R mat, jZ= at the fgff=, The following are some acaoa it--ms you should take. 1_ Stop the reuse of wastes. Dependmig on the s:�or4 this may or may not be pnssiolfL-, Sa&gw` d responses to sore passible proole:ns are Hved below. A Lagoon over f-ow pcss:ale solutions are: a_ Add soU to be;-m to i==c elevzEon of da_�n. b. Pump w sta to fre!ds zt an acceptable rite. C. Stop z1 floats to the lag... d. Cad a pumpL%z cant ac or. e. N ke sure no surer is eaterng Maori. B. Rurofl•carn aras:e zpplicatEon fiend-acuors include: z_ , ,.eie?y s`op wzs�� applic:.t:oa_ b. Creme a t=nporzry diver�,on to contain waste. C. Incorporate Waste to re-?L'ce =OE d. Evaluate and eU=dazte the re~sar(s) tit caused the runof e. EvzlLata the appliiazdan rates for the fre!ds where runoff oc==-,e& C. Le6ag, from the waste pipes and spemMem-won include: a. Stop r=fcl- pt=:p- b. Stop i igaton primp. C. Close vzfves to eumin.:te ',UMhe: d=,scharge d. Rent a-U le_ks prior to resn*ting pumps. Y- 3 - D. Leakage E-orn flush syrterns, houses, soUd separators -action include: a. Stop recycle pump. b. Stap irrgadan pump. C. Milc= s.=-- no siphon cc--urs. d. Stop all flows in the house, Stash sytu:.-r,s, or solid separators. e. Re;& all Ieaks prior to restarting ptunps. E_ Le:i'c;_e n on base or s►dewall of Iagoon. Often this is seepage as opposed to flowing Ieaks-possible won: a Dig a email well or ditch to catch all see -page, put in a submersible pump, and Pump back to lagoon. b. If hales = caused by burrowing anirmals, trap or remove animals and U holes and compact with a clay type sou. c. Have a professional evaluate the condition of the side was and lagoon bottom as soon as possble. 2. Assess the.e-ems of the spy aid note any obviaus damaIM a- Did the w-s`e'r6c:-z au surface waters? . b. Appro drnawezy how much was re?e=sed and for what duration? c. Arty da-mange noted, such as employee injury, fish kills, or property damage? d. Did the spill Iesve the property? e. Does the spill have the potential to reach surface waters? fi Could a future roux event cruse the suili to reach surface water? X Are patable crater wells in danger (either an or off of the proper-ty)? h_ How inuch re=coed surke waters? 3. Contact appropriate age ;ties. a. During normal business hours, can your DWQ (Division of Water Quality regional office Phone !; ; After hours, emergency ntunber: 11 `t 13 3 3! V-Your phone call should include: your name, £aciliry, telephone number, the details of the iacidart fivm item 2 above, the ex -act lotion of the facility, the location or direction of movement of the spill„ weather and grind canddans. The car, --tve measures that have been and lzk=;,aad the ser;atLsness of the s, -' 'on. b, If swill Ie=ves prvpe,-ry or enters =-Etce waters, call [atal Fvi [S Phone tnarcber 91I. c. Iastruct EIfS to tong local FIL-alth De;U=e.-Et: _ d. Contar CES, phone number L-q:l_S-7�0 _ local SWCD of5ce phone number 47 -!? Z 3 ,'Y and loci I,RCS oEice for adviceft echnical assis=ce phone Mmxber - 4. Yaone of &,e above wort;;, call 911 or the S"heriEs Deputxnent and explain your problem to thern and ask that pe ,on to cant--e, the proper ageacies For you. S. Contact the coatractor cfy= choice to b4m m7ir of problem to ='nl'3=' C ofrste d=ag 6,eo cJ L-X 1—! L L _ /AJ ' _ a. Co�arcrs ante: b. Coatrz rs Address; e. Coos Phone: 6. Conte the techn�ii-cal speea� who c-.,wed the Iagnacn (NRCS, CortsuFdag Eng ae=, etc,) a. Aiame: VI�n rn 1 a15o C REG A ._ b. Phone. tU Z o 0 9h o 0 7. 1=:pI==t pro —. as advi-A i by D WQ and tedniad assistance agencies to recE y the d=ZSC, LCgair the syste. and rrasscsa the Was'x M� � plasx to keep pmblc= whh Ttic= of wa_sr= fm= bappe iag a$= i Ort;11ity Matiaffemctit NICHIotls (cllCcl: Which Incthod(s) roc being! Impicniciacd) CI Burial three feet beneath the surface of Ilse ground within 2.1 hours after knowledIM of the death. nic buriui must be at least 300 feet from 1inq slowing stream or public body of utter. Rendering at a rendcrbit, plant licensees under G.S. 106-163.7 ❑ Complete bicincralion . ❑ In the case or dead poultry only, placing in a dispogai pit of a size alld'design appro►'cd by the DeMmcat of Agriculture ❑ Any method which In talc professional opinion of the Stutc Veterinarian would ' make possible the saivagc of yan of a dead animal's value without cndan erint, human or aninial licalth. (Writlen approval of [lie State Veterinarian must be aitilctiC(1� Insect Control Choddist fol' A111i11al 0 P01a[lolls w . r 541111•ce rflllSl' 1In111's tip Cuulr111 Illsel is — - -- 5ifl; ::Ilecilic !'1 Welters 1.;11u1d Syslculs � - 111511 Cullers ACC1111111hltiull Orsulids 0 1111sh syslC111 is desiglietl lout uperilled suftit emly in renluvc nceinwil-we l sulllls front gi lers Its dcAgllcd, . C1 Remove wwning of acculliiiiaiul salads it _ rsrrlllrl;n . h[;1111nS 111111 !'ill • CI'nsil:llWill; M11111111111 111gOn.115. SL111111C 4susi1ls 111111110115 %VIWA! Hest tlrcl:dillg is nillrlrent to nlluhllixl: lit: rowitll; of salills to II tit:ptll onto More III1111 G - u inches over wart: tlnin 30% of suri'ace. xcdl�ivt: Vc6cialivu Oevllyiq VCLCtiI{i11t1 i N1011111111 vegV11111vu COW1111 i111111a 1Hllll:s of, nIx 11r hignons unit anger hopowid1ucnts to 1pruveill urcllnwiwitlu or accuyiot; vCt;1 tutive n1l.lttur along; wlllel's Clig,; ull in111ut11uhlie ni's perimclur, Swine r-ann Wasto i1 anagoment Odor Gon[rol chad fist Sullucc Cett st VAIN tit M111ir114c fOEtrn• 5ilc Sprelllc Pracllucs Fill nlslcad :itYi11e I11 E11Inl li Wl l;t llrlivc or lvuotic tl buiicls; •Ll l�Ircnntlrtc�lljc�i•ilcsl tu7il7�cnl�rtl Ile{I�liCc3; t,lood judwllcal rlllll Cn111111011 scusu 1oimul bully saliaeci Dilly 111anurc-coverer! 411111105 Dry floors — 1111jr sillf'aces • Wul tllsuulrt:-t uvcrcd !lours `lllcd Mims; ��'V"uterurs la used over slullctl floors; `Cl Yecilers III high curl orsolld floors; M. Scrapu manure buildup lion! flours; Cl Underllnar vt illlallon Cur ilrylq baulre colicclilln piss I h inc; rllunll(e removal 11y IIIrs11, it rs:clnlr .e, • 1':uli;l11111Cfl1Iri11I IICCINIlllrasilian tlrscrirpl:; ' • 1.1 Underllnar veldilallim enlil�rii+ln t allausl hors • Vt1III61t: Gases; . 0111 tnlllultnllaCl; !lust V"ii'llcicut Ormim mud 1111r 3111fucus • 171151 Wllslllltllvll 11omen 6ronll5 11f o111111nI5; 1`1 Feed addilives; h Fucilcr covers; Cl- Herrd delivery di)%vuslrnul t:xtendurs it) recller covers III Irn ks AUilrlllmi oCrecycled lagoon 0 Nash tusk covers; liquid while Iairks me liliinl; Cl IixlClld fill lilies to Irt!llrlluuulu oClunl:s lvilh unll-si !lion vcuts III ulitys AGilulion tfar'inI; waslelvntur C1 Underfluur (lush lvilh mrElerflunr wildlllliun cllllvcyallcu ' cclul1'ue 111Elllis • At ilatiml of iceycie+l lagnun Cl I'miumi Iuclulrt;c lines lu ueur bldlsim 1sl'Idis !fulfill whild Ails lire llllilll; lvilll 111111.3I11I11111 VCnls s[7111E1f13 • Agilaliurt dming sualp Imri: f_I :11ltlllr unk coyci'S 111111T1; [lull Ilrnlvlltllvn i111 drain cullecliun + Agitation tllrrbid WilsleMitur N Ilux covers 11Clllln (nixes coilvcyallcu W. • Him 11119'16, 11040 3 � } ' �• .s.....r4�ssur .aw.arrM ewer.wraawaecfbwau�unan�.raac++ 5nurcu Cnu►a HMI's to Minimize Odor 5ltc Specllic III-airllces �- f:nd urdrainp'ry+cs trt • ht;itatlerrl durini; 1v;csiutv;dcr iixlcn+l tliscllari;o ituint ufi+iitcs unticrncatlt fut;nott cltllvcynucc lannnn lirirlltl Icvci I -noun sill faces Volatile gas critissions., - -- T Proper lui;aun li+pllll capuclly; - . • lliulugicul utixing; COINCI IdgnaA shilup procedures; • Agiiurluu .0 trM1111tIr1lttt serf'+Ico area-In-volltill a rntio; • .. , �M1ult:lino ni;ltatlali �vftcll.lnunflinl;; � . l:l Mfecltunlc;if aeralluu; . rl 11rnven 1dalt,gicul additives Irriallflult spriul.ler ill& i,ressule ui;italluu; rlii;alu on dry drys Willi WIN orsn svir►tt; mules + Wlrul drill . • i�lnimunt rccc�ttttltcrlticll allcratirll; frressltte; Pump Ininka Bear Iacono litiuld surrucc; C3 lltimp from second-sini;o lai;norr 51uru1;t: l,tni; ur kusirl I'u+liUl,nicrubiui dccuu+tu,sltlan; i:i Ilutinru urntittluvc) luutling; m1fack: • MIXllli; willh: filling., CI Tod cnvcrs; • hgltatinn what emlllying q dlusill surfttce mais arsalitfs; n Proven l,iofngicul utlilit}ves ur oxidunls cuiio4 basin su+li,++s }'tutlal Inicruld-11 dven+niwsiliun; Cl IWend drui ildllt: oullcis undernendi Iirprid • Mixlili; while fillif%; • level; • Agnallon Mica emptying L1 Remove scif ed sands rI:glll+lrly innure, slurry ur slutii;c • Agilutlan %viscu sprending; Ct Solt Iiijecilun nrslln ry1sludges; ' Ua+lcr uullcts • Vrrlalila gas uIllissions L1 Wusli'residuui munurc rrom spreativ ufler use; 0 Proveii hiuingical addlilves ur oxl+l+uns Ictivcr� rl Innlunc,0 yuildllw gtls cntfsslurts while G 5uii I,:jcctlull ai`sllnryfsludges n-y or shidge un field Iill.'L'f drying (-1 ;ail iucut•poratitin lvitlriu'18 lirs.; n Spreuti In ihin mill'ul7u !dyers fur rnllld drying; n.11rnvcn (Jologicnl n,idiilves nr uxiclams id nuittluls • Ctucuss dantnl}asiliuu }'raper tlisiinsitiati ul'curcasscs �_ - ill t+ni+n'.il dislncs"li • Carcass deconllrositi+ur El cumplcic cuvwinL or cutcosscs in Inulul piss; l_1 f'railcr Incniiunlcmistrltcttan nl•dispus;ll tells Itcrclms • lrlcuIIIJI to C11111ltlrsliutt 1.1 Sccnnd;rry si;14 lnrrocrs CIL' - Huvenstlt r l 1, 1911f1, 1'llau 4 ' tilts S icr{i1� {'r•lrficcs .r.••+{vL' • I�.S1 {11y 11011.2 Its nslllsl11s4LC umil a stansli wider amilSNl + 1I1l1slujl ( drailtatc; (.I Uril& 111111 Iitath-upc sock dua {Yawr iil'ohis (atiiilll>i a microbla111et:lsllllit)siliati or ilmly rs•um racilittcs tlr1;s11tic uialit:t ►lllitutt: ltut:l:cil own + Poody 111a Intl 11C11 access tticltls [ iltill Access i01i11 111211i1cliall-ca 111iilit:111111{1 A am I'uiill 1Lt:Csi tlilitlt)ilal 111r�rutfillritl : Avulhiilla Prom : 1111tc kismura Manaj;t:i icw y 0204 Itul OMl' Packul Z`1MIt v-uilllly lixit:lisilln Cunier +YI111t i'ruillicilult 1'utill 1101cullnl Otlar Satltces and l(culs that ; VIIAH Fact Shed 14CS13 - BAU rlor. I'rnlillclien Fucillty M111111ra MallllgcAtclll: I'll Accliarj;o - Dignuit'I retilll eW PUA1's 179-80 HCSU • RAI! Y11tt P94111110i1111 I lldlily jV111111ira Munaj;ti i icut: Undcrllunt Rosh - 1.i1�11u1! �l'C4ililifi;ill j FRAi? 129-11 NCSI I - DAR +j;lulu DUST ;n lint Mumizolicul rut Uvotock Mn110ra"rC�alluCtit tisltl Sloraj;C ; A{I 11),343 1:{I 1`ICSU - HAlt 1Ii1niinn orMai11 m utia Wusitwuler Alililletalou 1's4julptllt:ltl ; 1s11AU Poct Sbew NCSU - IIA1i utltulSlltl; 41{ars rloist S%v11Ic lfutltlinj=s ; i't1 i-�� NMI - $%villa INICItsinti Y11onamital Assiuwica 11raj;raut , N1111C Malltial NC I'tlik Prudilcm Assua lens fllr hJujivalau Oflu•; a tellasl rrtlttl llte Swint Odt)rTu%L Forca HOU A1jrl G"11it4ttl mIc'mialls 131i11l:tl C1t11cums fit Aidmul Manure Muiiagentent-, Odurs shill Plies I'll,6107, 1475 Coofereact' 11ruccalhics I'Iitrldn (,'11gi1Ci'i11IVu 1$xIC115i1111 • ' • :•;'ltivrrtltitur 11, iiJJfil i'n�t: � . , .; • . ,� • . , r. ` NUTRIENT MANA6MI NTIPMN Grower(s): Fann Name: County: Farm Type: Farm Capacity Storage Structure: Storage Period: Application Method: Jerry Johnson, Jr. Columbus Feed -Fin 3200 Anaerobic Lagoon 180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shag be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this We of facility. in some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, fi3, tons, etc.): 3200 animals X 986 gallanimaltyear = 3,153,600 gallons AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (ibs): 3200 animals X 2.30 lbslanimallyear 7,360.00 lbs Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage -will -be needed for waste application based on the crop to be grown, soil we, and surface application. Tract Field Salt Type Crop Code Yield /Ac lbs N /unit Acres Lbs NlAc Residual Lbs N /Ac lbs N Required Time to APPly 8503 1 Ly B 4.7 50.00 4.2 235.0 987.00 Mar -Oct 8503 2 Ly B 4.7 50.00 3.5 235.0 822.50 Mar -Oct 8503 3 Ly B 4.7 50.00 8.5 235.0 1997.50 Mar -Oct 8503 4 Ly B 4.7 50.00 10.0 l 235.0 2350.00 Mar -Oct 8503 1 Ly K 50.00 4.2 50.0 210.00 SApril 8503 2 Ly K 50.00 3.5 i 50.0 175.00 S April SW3 3 Ly K 50.00 8.5 ( 50.0 425.00 S April 8503 4 Ly K 50.00 10.0 50.0 500.00 S April Total 26.2 Available N *Difference 7467.00 7360.00 -107,00 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. *A negative number reflects the total lbs of additional nitrogen needed to achieve yields on acreage fisted in dart. A positive number means additional acreage is required to utilize the nitrogen produced by the fans. NOTE: This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will defnately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the'season, depending on the time small grain is planted in the fall. The ideal time to Interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two Inches before drilling for best results. The Bowing legend explains the crop codes listed in the table above: A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Cotton G Fescue - Grazed H Fescue - Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean Lbs N utilized I unit vield 1.6 lbs N / bushel 50 lbs N I ton 50 lbs N I ton 1.25 lbs N / bushel 12 lbs N / ton 0.12 lbs N / lbs lint 50 lbs N / ton 50 lbs N i ton 1.3 lbs N / bushel 2.4 lbs N / bushel 100 lbs N / acre 133 lbs N / acre 2.5 lbs N I cart 2.4 lbs N I bushel 4.0 lbs N / bushel Ames shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not redwing full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 0.36 pounds of plant available nitrogen per animal per year in the in sludge based on the application method listed earlier. If you remove the sludge every 5 years, you will have approximately 5760.00 pounds of PAN to utilize. Assuming you apply this PAN to hybrid besmudagrass hayland at the rate of 30a pounds of nitrogen per acre, you will need 19.20 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 46.08 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and applications. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids.. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen creeds of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to property irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shaven in the tables may make this plan invalid. The following is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate Application Amount in/hr # inches 0.65 0.75 8503 1 Ly B 8503 2 Ly a 0.65 f 0.75 85M 3 Ly B 0.65 0.75 8503 4 Ly 8 0.65 0.75 8503 1 Ly K 0.65 0.75 8503 2 Ly K 0.65 0.75 8503 3 Ly K 0.65 0.75 8503 4 Ly K 0.65 0.75 *This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for ISO days of temporary storage and the temporary storage must be removed on the average of once every B months. In no instance should the volume of the waste stoned in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. it is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated property to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. Additional Comments: . NUTRIENT MANAGEMENT PLAN CERTIFICATION Name of Farm: OwnedManager Agreement: fte understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. Vlore !know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Uwe understand that l must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. l also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. — Name of Facility Owner: Signature: &-ZU70e ---- -- Date Name of Manager (if different from owner): Please Print Signature: ©ate Name of Technical Specialist: Affiliation: Address: Telephone: Jimmy R. Vinson Brown's of Carolina, Inc. P.O. Box 487 Warsaw, NC 28398 (910) 293-29U Signature: - _- --- LQ .171�1? Date NRCS WASTE UTILIZATION PLAN SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, matuna& conveyances, direct applicatiM or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 1 There must be doctrmentatinn in the design folder that the producer either owns or has a notarized agreement for use of adequate land on which to propedy apply the waste. If the producer does not own adequate land to properly dispose of waste, helshe shall provide a copy of a notarized agreement with a landowner who is within a reasonable proximity, allowing him/her the um of be land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operaiton, increase in the number of animals. method of utilization, or available land 3. Animal waste shall be applied to meet, but not exceed, the Ntrogen needs for realistic crop yields based on soil type, available moisture. historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. Actin yields may be u_.ed in lieu of realistic yield tables at the discretion of the planner. 4. Animal waste shall be applied on land,eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at more than 5 tons but less than 10 tons per acrea per year providing grass filter strips are installed where nmoff leaves the field (See FOTG Standard 393-Filter Strips) 5. Odors can be reduced by injecting the waste or disk-ing after waste application. Waste should not be applied when there is danger of drift from the irrigation field 6. When animal waste is to be applied on acres subject to flooding, it will be sail incorporated on conventionally tilled cropland When applied to conservation tilled crops or grass] and, the waste veiny be broadcast provided the application does not occure during a season prone to flooding. (See "Wheather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltratinn rate such that runoff does not occure off -site or to surface waters and in a method which does not cause drift fmm the >iie during application. No poading should occur is order to contr+oI odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste should be applied on actively growing crops in such a manner that the crop is not covered with waste to depth that would prohibit growth. The potential for salt clarnagc Iron anitnal waste should also be considered 10. Waste nutrients shall not be applied in fall or winter for spring planted crop, on soils with a high potential for leaching. Waste nutrient loading raters on these soils should be held to a miniMan and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied nose than 30 duys prior to planting of a crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1. 1995 shall comply with the fallowing: The outer perimeter of the land area onto which waste is applied from, a lagoon that is a componet of a swine farm shall be at least 50 feet from any residential property boundary and fi-om any perennial stream or ricer other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995. shall not be applied closer than 25 feet to suuface water. This distance may be reduced for watery that are not perennial provided adequate vegetative filter strips are present (See Standard 393 - Filter Strips)- NRCS WASTE UTILIZATION PLAN SPECIFICATIONS (CONTINUED) 12. Animal waste spell not be applied clot 1lrarr I00 felt from wells. 13. Animal waste shall not be applied closet than 200 feet of dwellings tither than those owned by landowner. 14. Waste shall be applied in a manner not to mach ather propen, and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways or wedands by a discharge or by aver - spraying. Animal waste may be applied to prior converted cropland provided it has been approved as a land applications site by a "techaiacal specialist". Animal waste applied on grassed waterways shall be at agronomic rates and in a moaner that eauses no nmxr$or drift front the site. 16. Domestic and industrial waste frvw washdawn facilities, shower -, toilets. sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all distrtrbed arm (lagoon embankments, beam%pipe rums, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon arras should be kept mowed and accessible. lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is terminated, the owner is responsible few obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and enr.-ion. I9. Waste handling strucumz, piping, pumps, reels, etc., should be instxccted on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenwme checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetalbles mid other crops for direct human consumption_ However, if anunal waste is used on crops for direct human cori..timptit err it should only be applied preplant with no further applications of animal waste during the crop won. 21. Highly visible pamanemet markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage t-oltune for ica tc storage ponds. 22. Soil tests shall be made every year, and a liquid waste analysis shall he taken within 60 days of application consistent with waste utilization plan. Paultry litter shall be tested prier to application. Soil and waste analysts records shall be kept for five years, Dead animals will be disposed of in a manner that mats NC regulations. At!! ol Yk 1.2 6e .vim j �� r ?f 1 �� t, 'r..I- 4.L _ ;,, .Z � .4 _ �._ 5 �sah m •.l;' :�_. , ,.•,•, is ' - Yam{— _ ♦ - .1 I' 4 �. I }' '� a ."�"�v:`S t��i• �' .y, a. � r ;•"'� • ram- +'�4. .7„ r State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Water Quality James B. Hunt, Jr., Governor JUN 2 5 1998 Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Dir June 23, 1998 CERTIFIED MAIL RETURNE REQUESTED Jerry Johnson Jerry Johnson (Grower #301) 5235 Old NC SR 74 Chadbum, NC 28471 Farm Number: 24 - 95 Dear Jerry Johnson: 6ffl?WJA IT 0 0 NCDENR W)RTH CAROUNA DEPARTMENT OF ENVIRONMENT AND N/TuRw- ResouRcEs You are hereby notified that Jerry Johnson (Grower #301), in accordance with G.S. 143- 215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 60 days to submit the attached application and all supporting documentation. In accor ance with hapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. if any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call at (919)733-5083 extension or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sincerely, 4 A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wiliington Regional Office (w/o P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 500h recycled/ 10% post -consumer paper - l Iv MIN GlQ� r n c--, G r m d mp rl g s �' 2 U� n (a E R v ff h , "' 0A.S �a� 0 $dC 1 o 1 d o •V �= a Is = § Iljdtl ,009E u�o3 sd 1 sss� r i. m SENDER: n ■Complete items 1 and/or 2 for additional services. I also wish to receive the . m mComplete items 3, 4a, and 4b. following services (for an { ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. m■Attach this form to the front of the mallpisoe, or on the back if space does not 1. ❑ Addressee's Address � 1 m ■Wdte'Retum Receipt Requested• on the mailpiece below the article number. 2. ❑ Restricted Delivery of i ■The Return Receipt will show to whom the amide was delivered and the date .. delivered. o. Consult postmaster for fee. m t 3. Article Addressed to: m 4a. Article Number dos ai3 a3.� i C E 4b. Service Type m IX ❑Registered Certified m SZ (`tom` �/ Express Mail ❑Insured a� � C� ❑ Return Receipt for Merdiandise ❑ COD 7. Date of Delivery - /L Y , 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) 5(Addressee enr .» t- PS Fo 38I1 Decemb 094 Domestic Return Receipt State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor June 5, 1997 Jerry Johnson Jerry Johnson Farm 5235 Old NC Hwy. 74 Chadbourn, NC 28471 Subject: NOTICE OF DEFICIENCY Jerry Johnson Farm Facility Number. 24-95 Columbus County Dear Mr. Johnson: Secretary On June 3, 1997 Staff from the Wilmington Regional Office of the Division of Water Quality, inspected your animal operation and the lagoon(s) serving this operation. It was observed that some erosion of the clay liner has occurred on the lagoon. Large cuts were observed in various sections of the inner dike walls of the lagoon. It is our concern that some of these gullies may become deep enough to cut through the liner material and sacrifice the integrity of the structure. As discussed at the time of the inspection, the cuts should be filled with a suitable clay material, compacted and reseeded with an appropriate vegetative cover. In addition, bare spots on the lagoon wall should be reseeded. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may molt in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 0 Fax 910.350-2004 An Equal opportunity Affirmative Action Employer Jerry Johnson June 6, 1997 Page 2. Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater to the surface waters of the State without a permit and/or to fail to follow a certified waste management plan. The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. if you have any questions concerning this matter, please call David Holsinger, Andy Heminger or Brian Wrenn at 910-395-3900. Sincerely, Brian L. Wrenn Environmental Specialist cc: Donna Register, County Soil and Water Conservation Sandra Weitsel, NC Division of Soil and Water Conservation Sonya Johnson, Brown's of Carolina Operations Branch rWalin`ngtoT n—Files June 19, 1997 Brian Wrenn RECEIVED I JUN 2 0 1997 BY:_ Environmental Specialist Dept. Environmental Health and Natural Resources 127 Cardinal Drive Ext. Wilmington, N.C. 28405-3845 Dear Mr. Wrenn: Thank you for the reccomendations made during the recent visit to Jerry Johnson Hog Farms on June 3, 1997. As of June 12, 1997, we are in compliance with all reccomendations made. All eroded areas around the lagoon have been filled and packed with clay. Also, we have reseeded the lagoon area with an appropriate grass cover. Again, thank you for your helpful reccomendations. Sincerely, Jerry Johnson J2535y Johnson Farms Chadbourn74OF '28431 Columbus County Facility #24-95 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 April 3, 1997 Jerry Johnson Jerry Johnson (Grower #301) 5235 Old NC SR 74 Chadburn, NC 28471 SUBJECT: Dear Mr. Johnson: e�� EDEHNR Notice of Violation Designation of Operator in Charge Jerry Johnson (Grower #301) Facility Numbe 2 --95D Columbus County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Opefator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at {919}733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Wilmington Regional Office Facility File Enclosure P.O. Box 29535, ��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 � An Equal Opportunity/Atflrmattve Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Jerry' Johnson Jerry Johnson (Grower #301) 5235 Old NC SR 74 Chadburn, NC 28471 SUBJECT: Operator In Charge Designation Facility: Jerry Johnson (Grower #301) Facility ID#: 24-95 Columbus County Dear Mr. Johnson: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026. Sincerely A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, ���C FAX 919-715-3060 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Ai�rmative Action Employer Voice 919-715-4100 _ 50% recycled/100/. post -consumer paper