Loading...
HomeMy WebLinkAbout310033_HISTORICAL_20171231NUH I H UAHULINA Department of Environmental Qual Dail Farms 131 Farrio'r School Road Kenansville, NC 28349 L`Q�Ivt 910.296.0311 Office 910.296.0313 FAX ,,lq_V S_272-6 FROM: SUBJECT: /1010 �. �cuS3y DATE: r /82 a �I Facility/Farm Name: Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A 8F .0201 i,a Permit #: W3 100 3 Facility ID#: 3 - 33 County: 40toe i _ Operator In C+ harge (01C) Name: P u ! A6 First Middl j Last Jr, Sr, etc. Cert Type / Number: /00 k.) Work Phone: V 0 Signature:9/11—Z A� 04Z Date:/3 O �� o c "I certify that I agree to my designation as the Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-up Operator In Charge (Back-up OIC) (Optional) Name: First Cert Type /,Number: Signature: Middle Last Jr, Sr, etc. Work Phone: ( 1 Date: "I certify that I agree to my designation as Back-up Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Comtission." Owner/Permittee Name: �/ l a .-! Ear r S mat'l //")0 Phone #: nn/0 �fC} ��__e � � it Fax#; 1 Signature: d'qj ! Date: (Owner or authorized agent) Mail, fax or entail the WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.715.2726 original to: I mail::certadmin@ncdenrA Mail or fax a copy to the Asheville appropriate Regional Office: 2090 US Hwy 70 Swannanoa 28778 Fax: 828.299.7043 Phone: 828.296A500 Washington 943 Washington Sq Mall Washington 27889 Fax. 252.946.9215 Phone: 252.946.6481 Fayetteville 225 Green St Suite 714 Fayetteville 28301-5043 Fax: 910.486.0707 Phoen: 910A333300 Wilmington 127 Cardinal Dr Wilmington 28405-2845 Fax: 910350.2004 Phone: 910.796.7215 Mooresville 610 E Center Ave Suite 301 Mooresville 28115 Fax: 704.663.6040 Phone: 704.663.1699 Winston-Salem 450 W. Hanes Mall Rd Winston-Salem 27105 Fax: 336.776.9797 Phone: 336.776.9800 Raleigh 3800 Barrett Dr Raleigh 27609 Fax: 919571.4718 Phone-919.791 A200 (Retain a copy of this form for your records) Water Re5aurres ENVFRONMENi AL QUALITY Paul Dail Dail Farms Livestock, LLC 131 Farrior School Road Kenansville, NC 28349 Dear Paul Dail: RECEIVED/NMENRJDWR AUG 3 12016 Wa&fMg4J0dA Operations Section Wilmington Regional Office PAT MCCRORY �nv-sr:,or DONALD R. VAN DER VAART saerZvy S. JAY ZIMMERMAN Subject: Certificate of Coverage No. AWS310033 Dail Farms Livestock, LLC Swine Waste Collection, Treatment, Storage and Application System Duplin County _E4renwr In accordance with your Notification of Change of Ownership received August 25, 2016, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Paul Dail, 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 Dail Farms Livestock, LLC, located in Duplin County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish 11,200 Boar/Stud: Wean to Feeder: Farrow to Wean: Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to feeder operation, there may 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. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS310033 dated October 1, 2014. 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 read this COC and the enclosed State General Permit carefully. Please pay careful attention to the record keeping and monitoring conditions in this permit. Record keeping form_ s are unchanged with this General Permit. Please continue to use the same record keeping forms. If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. State nfNorth Carolina I Emrirnnmental Quality I Water Resm =cz 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 R07 60,4 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 feal or personal property. 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. 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_]43-215.6C including civil penalties, criminal penalties, and injunctive relief. 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 Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. in accordance with Condition 11.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737, or by visiting their website at: hqp://www.weather.gov/mh This facility is located in a county covered by our Wilmington Regional Office. The Regional Office staff may be reached at 910-796-7215. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, '�a for S. Jay Zimmerman, P.G. . Director, Division of Water Resources Enclosure (General Permit AWG100000) cc: (Certificate of Coverage only for all ccs) Wilmington Regional Office, Water Quality Regional Operations Section Duplin County Health Department Duplin County Soil and Water Conservation District WQROS Central Files (Permit No. AWS310033) Smithfield Hog Production Water Resources ENVIRONMENTAL QUALITY September 12, 2016 Danny L. Weston Weston Farms, Inc PO Box 297 Kenansville, North Carolina 28349 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN RE: Acknowledgment of Receipt of Payment Case No.: PC-2016-0037 Farm No.: 31-0033 Duplin County Dear Mr. Weston: Director This letter is to acknowledge receipt of your check No. 1085 in the amount of $14059.73 on September 12, 2016. This payment satisfies in full the civil assessment in the amount of S14,889.73 levied against Danny Weston and the case has been closed. If you have any questions, please call me at (919) 807-6340. cc: WQROS- Wilmington Regional Office File # PC-2016-0037 WQROS Central Files (AWS310033) Sincerely, �JMOO Miressa D. Garoma Animal Feeding Operations Program RECEIVEDINCDENR/M SEP 14 2016 Water Quality Regional Operations Section Wilmington Regional Office State of North Carolina I Environmental Quality I Water ResourcesiWater Quality Regional operations 1G3G Al i1 �cnicc Ccmu I RAlcie)4 Nurlh Cmulii" 27699-1636 919 807 6464 :- , % Water Resources ENVIRONMENTAL OUALITY July 19, 2016 CERTIFIED MAIL - # 70151520 0000 7838 4092 RETURN RECEIPT REQUESTED Danny L. Weston Weston Farms, Inc PO Box 297 Kenansville, North Carolina 28349 SUBJECT: Dear Mr. Weston: PAT MCCRORY Governor DONALD R. VAN DER VAART Secrercry S. JAY ZIMMERMAN Payment Plan Agreement File No.: PC-2016-0037 Duplin County Director You have requested a schedule for making partial payments toward the subjected civil penalties totaling " $14,889.73. The Division is agreeable to a monthly payment schedule beginning on August 1, 2016 and continuing to January 1, 2018. There is Seventeen (17) payment of Eight Hundred Thirty Dollars ($830.00) to be made once every month and One payment of Seven Hundred Seventy Nine Dollars and 73/100 ($779.73) as indicated on the attached schedule. r Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environmental Quality and mail them so they are received by the 1st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown below to make sure that they are properly recorded: Miressa Garoma NCDEQ-DWR/WQROS 1636 Mail Service Center Raleigh, NC 27699-1636 If you have any questions, please call me at (919) 807-6340, / RECEIVED/NCDENR/M Sine y, ` JUL 2 0 2DIfi on Ri;�Chl ,efWater Re tonal erations S uality Regional tar g fhtions Section Division of Water Resources Wilmington Regional Office ATTACHMENTS cc: Jim Gregson, Wilmington WQROS Regional Supervisor w/ attachments Enforcement File # PC-2016-0037 w/ attachments WQROS Central Files (AWS310033) w/ attachments State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional operations 1636 Mail service Canter I Raleigh, NoAh Guoliva 27699-1636 919 847 6464 CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE Danny Weston CASE # PC-2016-0037 On June 24, 2016, the Director of the Division of Water Resources (DWR) assessed a civil penalty against you in the amount of $14,889.73 including $1389.73 in investigative costs, for various permit condition violations. In order to resolve this matter, DWR and Danny Weston have agreed to enter into a payment schedule. Danny Weston agrees to pay the civil assessments totaling $14889.73 according to the schedule below as full settlement of Case No. PC-2016-0037. Danny Weston understands that any default in payment or failure to submit payment bye day o the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. Danny Weston also acknowledges that DWR reserves the right to take enforcement action for future violations within its authority should they occur. _. PAYMENT AMOUNT $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830.00 $830-00 $830.00 $830.00 $779.73 $14,889.73 DATE DUE DATE PAID .8/1/2016 9/1/2016 10/112016 11/1/2016 12/1/2016 1/1/2017 2/1/2017 3/1/2017 4/1/2017 5/l/2017 6/l/2017 7/1/2017 8/1/2017 9/1/2017 10/1/2017 11/1/2017 12/1/2017 1/l/2018 TOTAL Payments should be by check payable to "NCDEQ" and should be mailed to: Miressa Garoma NCDEQ-DWR/WQROS 1636 Mail Service Center Raleigh, NC 27699-1636 Danny Weston Jon Risgaard, Chief Water Quality Regional Operations Section Division of Water Resources Date Date �r Water Resources ENVIRONMENTAL DUAL" PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director March 23, 2016 CERTIFIED MAIL # 7013 2630 00021133 6921 RETURN RECEIPT REQUESTED Danny L Weston Weston Farms, Inc. PO Box 297 Kenansville, North Carolina 28349 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0101 Administrative Code 15A NCAC 2T . 13 04 Weston Farms, Inc. 31-33, Permit No. AWS310033 Duplin County Dear Mr. Weston: On February 18, 2016, staff of the NC Division of Water Resources (DWR) inspected the Weston Farms, Inc. and the permitted waste management system. We wish to thank Danny Weston, who was present and assisted us during the inspection. 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: .1 Failure in maintaining land application rates not resulting in excessive ponding or any runoff during any given application event in accordance with Condition II. 5 of the Swine Waste System General Permit No. AWG100000, On February 18, 2016, DWR staff inspected the waste application fields, which were found to have land application rates resulting in hydraulic overload and runoff from the designated spray area. Violation 2: Failure in maintaining animal waste from discharging and reaching surface waters as required in Condition I. 1 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have animal waste discharging and reaching surface waters of the State. state of North Carolina I Department of Environmental Quality I Division of Water Resources . 127 Cardinal Drive Ext., Wilmington, NC 29405 Page 2 of 3 FF r Danny L Weston Weston Farms, Inc. 31-33 March 23, 2016 Violation 3: Failure in maintaining the land application equipment as to prevent ponding, hydraulic overload and discharge of animal waste on and from spray irrigation fields as required in Condition II. I of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the land application equipment of a leaking hydrant and a broke underground pipe, which were causing ponding, hydraulic overloading and discharges on and from the spray irrigation fields. Violation 4: Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspccted.the lagoons and found the freeboard levels to be at fourteen (14) inches at the lagoon with six hog houses and eighteen (18) inches at the lagoon with eight hog houses. Violation 5; Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition II. 2 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Violation 6: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition III. l3a of the Swine Waste System General Permit No. AWG 100000, On February 18, 2016, DWR staff from the Wilmington Regional Office had not been notified of non-compliance discharge, hydraulic overloading, ponding or malfunctioning land application equipment within the twenty-four (24) hour time frame. Required Corrective Actin for Violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by April 29, 2016. 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 1 '� assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143- FA ✓ Page 3 of 3 Danny L Weston Weston Farms, Inc. 31-33 March 23, 2016 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. 1f you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31-33 G:\WQ\Sbared\ANIMALS\DUPLfN\2016\31-33NOVREF m �ru rat RP&N.. oeel -- ��— ------' URI ■ Complete items 1, 2, and 3. Also complete A. Signature.�JLtn� ��/� item 4 if Restricted Delivery is desired. ❑ Agent X ■ Print ydur name and address on the reverse ❑ Addressee B. Received by (PribLod Name) �p ✓+ n �] C. Date of Delivery so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on tre front if space permits. D. is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 1. Article Addressed to: � r y 3. Service Type Certifed Mall ❑ Express Mail eglstered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D- i 4. Restricted Delivery? Fee) (Extra ❑Yes 2, Article Number - ---- ;---•--- - -- - d in it (Transfer from service label) �? 013 2630 0002 1133 6921 Ps Form 3811, February 2OD4 Domestic Return Receipt 1a2595-02-M-15ao I ter/ Paul Ed Dale R Cc) 2016 Google co Weston Farms Inc - Po Box 297 Kenansville, NC 28349 910-296-0930 4/22/16 Mr. John Farnell Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Farnell, RECEiVED/NCDENR/DWR MAY 0.2 Z016 Water Quality Regional Operations Section Wilmington Regional Office This memo is to address the Notice of Violation Letter that was sent to me on 3/23/ 16 My Farm (FN 31-33) had several items to address: Violation 1: Failure in maintaining land application rates not resulting in excessive ponding or any runoff' during any given application event in accordance with Condition H. 5 of the Swine Waste System General Permit No_ AWG100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have land application rates resulting in hydraulic overload and runoff from the designated spray area. The main reason this violation occurred was an irrigation equipment malfimction during a pumping event and the recovery time of the soils after several chronic rainfall events. i reacted on emotion to pump rather than thinking about the poor physical properties of the site. Corrective Actions: 1. Repaired broken pipe (invoice and pictures in included) 2. Called Soil and Water to do a site assessment on the drainage of my site. (report attached) Violation 2: Failure in maintaining animal waste from discharging and reaching surface waters as required in Condition 1. 1 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have animal waste discharging and reaching surface waters of the State. Corrective Actions: Repaired broken pipe (invoice and pictures in included) 2. Called Soil and Water to do a site assessment on the drainage of my site. (report attached) I plan to follow the items spelled out in the drainage assessment. Violation 3: Failure in maintaining the land application equipment as to prevent ponding, hydraulic overload and discharge of animal waste on and from spray irrigation fields as required in Condition I L I of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the land application equipment of a leaking hydrant and a broke underground pipe, which were causing ponding, hydraulic overloading and discharges on and from the spray irrigation fields. Corrective Actions: Repaired broken pipe (invoice and pictures in included) Violation 4: Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWGi00000. On February 18, 2016, DWR staff inspected the lagoons and found the freeboard levels to be at fourteen (14) inches at the lagoon with six hog houses and eighteen (I8) inches at the lagoon with eight hog houses. Corrective Actions: We had a complete history of notifying DWR with High Freeboard Plan of Action(s) as required. We were up to date on our Plans of Action Notifications the day of the investigation. Violation 5: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition I1. 2 of the Swine Waste System General Permit No. AWGI000o0_ On February 18, 2016, DWR staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Corrective Actions: 1. 1 plan to follow the items spelled out in the drainage assessment and the recomendations of the Agronomist Mr Tim Hall. This Winter has been harsh and we need to follow the agronomist recomendation to disk and maybe plant a summer/winter annual until we properly can re-establish the Bermuda Grass. Violation 6: Failureto notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition III. 13a of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff from the Wilmington Regional Office had not been notified of non- compliance discharge, hydraulic overloading, ponding or malfunctioning land application equipment within the twenty-four (24) hour time frame. Corrective Actions: 1. 1 plan to properly notify if another event occurs. I hope this information will address the Notice of Violation(s) that were noted, if you have any questions please feel free to call. With Kind Regards, Danny Weston Owner/Operator Cc Ronnie G. Kennedy Jr. 7 WaterResources c—On...NTA. -3— ATV March 23, 2016 CERTIFIED MAIL # 7013 2630 0002 1133 6921 RETURN RECEIPT REQUESTED Danny L Weston Weston Farms, Inc. PO Box 297 Kenansville, North Carolina 28349 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0 10 1 Administrative Code 15A NCAC 2T .1304 Weston Farms, Inc. 31-33, Permit No, AWS310033 Duplin County Dear Mr. Weston: On February 18, 2016, staff of the NC Division of Water Resources (DWR) inspected the Weston Farms, Inc. and the permitted waste management system. We wish to thank Danny Weston, who was present and assisted us during the inspection. 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 (CAWNIP) and the Swine Waste System General Permit No. AWG 100000 as follows: Violation 1: Failure in maintaining land application rates not resulting in excessive ponding or any runoff during any given application event in accordance with Condition I1. 5 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have land application rates resulting in hydraulic overload and runoff from the designated spray area. Violation 2: Failure in maintaining animal waste from discharging and reaching surface waters as required in Condition I.. 1 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have animal waste discharging and reaching surface waters of the State. State of North Carolina I Environmental Quality 1 Water Resources 1611 Mail service Center I Raleigh. North Carolina 27699-1611 919 707 9000 Page 2 of 3 Danny L Weston Weston Farms, Inc. 31-33 March 23, 2016 Violation 3: Failure in maintaining the land application equipment as to prevent ponding, hydraulic overload and discharge of animal waste on and from spray irrigation fields as required in Condition 1I. 1 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the land application equipment of a leaking hydrant and a broke underground pipe, which were causing ponding, hydraulic overloading and discharges on and from the spray irrigation fields. Violation 4: Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the lagoons and found the freeboard levels to be at fourteen (14) inches at the lagoon with six hog houses and eighteen (18) inches at the lagoon with eight hog houses. Violation 5: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition IL 2 of the Swine Waste System General Permit No. A WG 100000. On February 18, 2016, DWR staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Violation 6: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty- four (24) hours following first knowledge of any discharge to ditches in accordance with Condition III. 13a of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff from the Wilmington Regional Office had not been notified of non-compliance discharge, hydraulic overloading, ponding or malfunctioning land application equipment within the twenty-four (24) hour time frame. 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 You are required to provide a written response to this Notice by April 29, 2016. 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- Page 3 of 3 Danny L Weston Weston Farms, Inc. 31-33 March 23, 2016 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 John Farrell at (910)796-7388. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31-33 G:1WQ1SharedlANIMALSIDUPLiNUO16U 1-33NOVREF Print https:Hus-mg5.mail.yahoo.com/neo/launch?.rand=dego4obg83a7t# l ... Subject: Weston farm From: Hall, Tim (tim.hall@ncagr.gov) To: john.fameil@ncdenr.gov; agdmentservices@yahoo.com; Cc: Michelle. McGinnis@ncagr gov; chris.jemigan@ncagr.gov; Date: Monday, February 22, 2016 11:02 AM Regarding our meeting there Friday, and my modest understanding of that farm's situation, the only crop I can think of that could be established quickly would be spring oats. Burndown the existing weeds with herbicide (glyphosate or paraquat) and no -till drill the oats at around 3 bushels (90 to 100 lb) per acre at a depth of one inch. I don't know what PAN rate you could give it, but I am presuming he is already maxed on his winter PAN and would not be able to apply anything to the new crop. It is unlikely that he will have much forage yield to harvest as this is not really regarded as a viable crop for NC and we have little data, and all that is on grain yield; we would be looking for biomass here. I would expect that substantial denitrification has occurred during the persistent saturated soil conditions, but I don't know any way to guess at how much that might have been. I don't really know where you could go with the water that is within a reasonable hauling distance, since there are very few acres of small grain sown this year. You might talk to Louis Howard or David McKay, or perhaps Henry Dail. Ultimately, wetness and general unevenness of land has to be addressed on that site IMO, but I'm sure I don't have to tell you that. Noboco soil is marginal for bermudagrass due to wetness, IMO, unless drained. If waterways, tile or ditches were installed to remedy the drainage issues, it would dramatically change and probably reduce the application zones, but that may ultimately become the best option. I've said for years that a triple crop silage rotation is a viable answer for wet and land -tight farms, IF someone can be found to harvest the crops and ensile and feed them. I could see a rotation of that sort approaching 400 Ib1A PAN on this type of soil. An even better system would also include impermeable (methane) covers on the lagoons to exclude rainwater. I of 2 4/26/2016 8:22 AM Print https:Hus-mg5.maii.yahoo.com/neo/launch?.rand=dege4obg83a7t# I... Tim Hall Regional Agronomist NCDA & CS (910)990-0710 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 'f _f 7 t n' I Ifty{;„s 'fir, t j�4t.�1f vb lji �ll I} !r' iµ.!' �Ix=,a aty�rij l�t �',`,_, T t��'-171 �fla}I�i14{�� ��"��r]j'lt�c 'Rea'y,�,;,�;�iS1,r-,w.'���•�SL��- �� �;,•x,�Y� t�tj,r i°;'��i� }�I, ri ,5l'� ! IN�S;���` ��if:�,. :;�.��L�a i�i;f�in,i i[•iiWa 'ff'.j � +li k'f.�+`prTi"�1�� v �,r � ti q 4, i �} j}} - �;r' h tit 1 • : , „ �i. �` fly. lk �I4,,Lj!j 1, E Kf'irF liIjM�ISM!''il I ,� L phi lu � a ; r, _ V 1*` I 1 \ ' �'� � *f • _ �_ If �ltf 1 }j r a• G Y �..I - - , � Ilk ix �% - �•'Rf - ;.�� /,•� `�k�.a7 �' �. - 1 ram... � t�.•.�i., i may, � , � � E _ _ : 4 ; •.- IN 1� .• � .,.� __ .-�_ fit:-_r �'� �' �> r� Ii. w r, �f MF� Vw �.i �I_ Ill 1 rl4i4l `�40 OKI 1 � h i .� .. Water Resources ENYIROMMISNTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director March 23, 2016 CERTIFIED MAIL # 7013 2630 0002 1133 6921 RETURN RECEIPT REQUESTED Danny L Weston Weston Farms, Inc. PO Box 297 Kenansville, North Carolina 28349 Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0101 Administrative Code 15A NCAC 2T .1304 Weston Farms, Inc. 31-33, Permit No. AWS310033 Duplin County Dear Mr. Weston: On February 18, 2016, staff of the NC Division of Water Resources (DWR) inspected the Weston Farms, Inc. and the permitted waste management system. We wish to thank Danny Weston, who was present and assisted us during the inspection. 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 in maintaining land application rates not resulting in excessive ponding or any runoff during any given application event in accordance with Condition H. 5 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have land application rates resulting in hydraulic overload and runoff from the designated spray area. Violation 2: Failure in maintaining animal waste from discharging and reaching surface waters as required in Condition I. 1 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the waste application fields, which were found to have animal waste discharging and reaching surface waters of the State. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center J Raleigh, Nash Carolina 27699-1611 919 707 9000 Violation 3: Failure in maintaining the land application equipment as to prevent ponding, hydraulic overload and discharge of animal waste on and from spray irrigation fields as required in Condition IT. 1 of the Swine Waste System General Permit No. AWG 100000. On February 18, 2016, DWR staff inspected the land application equipment of a leaking hydrant and a broke underground pipe, which were causing ponding, hydraulic overloading and discharges on and from the spray irrigation fields. Violation 4: Failure in maintaining the waste Ievel in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected the lagoons and found the freeboard levels to be at fourteen (14) inches at the lagoon with six hog houses and eighteen (18) inches at the lagoon with eight hog houses. Violation 5: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition 11.2 of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Violation 6: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition III. 13a of the Swine Waste System General Permit No. AWG100000. On February 18, 2016, DWR staff from the Wilmington Regional Office had not been notified of non-compliance discharge, hydraulic overloading, ponding or malfunctioning land application equipment within the twenty-four (24) hour time frame. 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. You are required to provide a written response to this Notice by April 29, 2016. 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 $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143- -I 215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. Sincerely, r. t ;; •i •> -"•` n r`' ' Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources' NCDENR ' :�, r`r'r nor ff•.}`ciir i /� a�3r cc: wQRDs CAFO Unit 'A` Billy Houston, Duplin County Soil and Water Conservation District _ 3 `• i Kraig Westerbeek Murphy Brawn LLC _e 'r F '>~h'�s 3+ k�� r `� ,•Yr iy y DWR Wilmington Animal Files 31 33 =li,..i• - 1-y� i ^ �t- JS!--c�C s „A�LT E �{ '�� R u.��'•�' h �, -. G:1WQ1SharedlANIMALSIDUPL=016\31-33NOVREF ' y 'A M. f y{1G1 Jas� .. j4 �i1i� FVIti F$• E „� ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910,392,0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax info@environmentalcliemists.com NCDENR-DWR Date of Report: Mar 15, 2016 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: David Powell Report #: 2016-02190 Project ID: 31-33 NOVREF Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05205 Site: 5 2/18/2016 5:25 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia NitrOCjen EPA 350.1 138 mg/L 03/08/2016 Ammonia �trogen greater than TKN; possible matrix interference. Total Phosphorus SM 4500 P F 16.8 mg/L 02/29/2016 Fecal Coliform SM 9222D MF 54000 Colonies/100ml- 02/18/2016 Total Nitrogen (Cale) Total Kjeldahl Nitrogen (TKN) EPA351.2 100 mg/L 03/01/2016 Nitrate+ N itrite-N itrogen EPA353.2 7.96 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 108 mg/L 03/07/2016 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05206 Site: 4 2/18/2016 5:40 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 185 mg/L 02/2512016 Ammonia nitrogen and TKN are within limits of uncertainty. Total Phosphorus SM 4500 P r 20.6 mg1L 02/29/2016 Fecal Coliform SM 9222D MF 34800 Colonies/100mL 02/18/2016 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA351.2 169 mg/L 03/01/2016 Nitrate+ N itrite-N itrogen EPA353.2 1.80 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 171 mg/L 03/07/2016 RECEIVEDINCDENR/M MAR 2 8 2016 Water Quality Regional Operations Section Wiirnington Regional Office Report # . 2016-02190 Page 1 of 3 0 ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab / Fax info@environnientalchemists.com NCDENR-DWR Date of Report: Mar 15, 2016 127 N. Cardinal Drive Ext, Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: David Powell Report #: 2016-02190 Project ID: 31-33 NOVREF Lab ID Sample ID: Collect DatelTime Matrix Sampled by 16-05207 Site: 3 2/18/2016 6:00 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 272 mg/L 02/25/2016 Confirmed y duplicate analysis. Ammonia greater than TKN possible matrix interference. Total Phosphorus SM 4500 P F 29.3 mg/L 03/01/2016 Fecal Coliform SM 9222D MF 60000 Colon ies/1 00m L 02/18/2016 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 351.2 219 mg/L 03/01/2016 Nitrate+ Nitrite-N itrogen EPA353.2 0.39 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 219 mg/L 03/07/2016 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05208 Site: 2 2/18/2016 6:10 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 44.5 mg/L 02/25/2016 Total Phosphorus SM 4500 P F 6.74 mg/L 02/29/2016 Fecal Coliform SM 9222D MF 1270 Colonies/100ml- 02/18/2016 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 351.2 48.8 mg/L 02/29/2016 Nitrate+ N itrite-N itrogen EPA353.2 0.18 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 49.0 mg/L 03/07/2016 Report 4:: 2016-02190 Page 2 of 3 P - — Environmental Chemists, Inc. envirochem 6602 Windmill Way, Wilmington, NC 28405 - 910.392.0223 Lab - 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 - 252.473.5702 Lab/Fax sM 255-A Wilmington Highway, Jacksonville, NC 28540 - 910.347.5843 Lab/Fax ANALYTICAL & CONSULTING CHEMISTS info@environmentalchemists.com NCDENR-DWR Date of Report: Mar 15, 2016 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: David Powell Report #: 2016-02190 Project ID: 31-33 NOVREF Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05209 Site: 1 2/18/2016 6:25 PM Water David Powell/John Farrell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350,1 21.7 mglL 02/25/2016 Total Phosphorus SM4500 P F 2.87 mg/L 02129/2016 Fecal Coliform SM 9222D MF 1180 Colonies/100ml- 02/18/2016 Total Nitrogen (Cale) Total Neldahl Nitrogen (TKN) EPA 351.2 24.9 mg/L 02/29/2016 Nitrate+Nitrite-Nitrogen EPA 353.2 1.71 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 26.6 mg/L 03/07/2016 Comment: , Reviewed by: ,"A.2 ReportC 2016-02190 Page 3 of 3 -.:WlllI Analytical & Consulting Chemists ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Windmill Way Wilmington, NC 28405 OFFICE: 910-392-0223 FAX 910-3924424 info@environmentalchemists.com CLIENT: lY G Q FW f"1 PROJECT NAME: — 3� p VRF_ REPORT NO: ADDRESS: CONTACT NAME: ,ne%i PO NO: REPORT TO: PHONEIFAX: COPY TO: email: 5ampieti dy: f/"qU I'o-W- t( ' n KA SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other: Sample Identification Collection a H a w a E c m w e�7 o m c t a n w m PRESERVATION ANALYSIS REQUESTED Date Time Temp z U x o 0 0 = r J C P I,� p ,l F, G G S' .--21 r- Z 1Y rV 0 C V/ ryCc( n14 oe,�-S G s � � f 7 Z � Y rr. Ol7 M C /T- X G U)Dfr. C P r CPC { R� �Pn�1 - J f ,eCu n K G C P G G C P G G C P G G C P G G C P G G Transfer Relinquished By: Date/Time Received Ely: DatelTime -C� 2 r& Oft Temperature when Received: I. 1J Accepted: / j ted: Resample Requested: 0.--s..ed m 6, 1�/` (li A 0 f ! P rlata• 7hAI, h Tima• X fY i[1 �j � r �Ok Nk . . . . . . . ..... 44 Pp ii 4 A -I F;l I el W� ') A �;ft yq , T. Print https://us-mg5.mail.yahoo.com/neo/launch?.rand=degc4obg83a7t# I... Tim Hall Regional Agronomist NCDA & CS (910) 990-0710 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 of 2 4/26/2016 8:22 AM r on -------- .. —' C (ikc -. «-P 5 1 /-.L fi, I., ■■■ ONE i p .� •'Ix. .� •ifs 1 i I ■ ' h r I i } �, ra•n ,.w '9x r' i Sr i 7 f F 4) •f ■■ 1 nb 04 y Y L :`1 Yi•. r.•y-rxi.'"`.. ....n•.....�...-.�...�....... .....++..��A• a 'i " l 1 y' n. e r '3.9'.'. �..- Zr^5 • w k. w k: �, J� � x yY { 'G :i i',� 4� 'a E' }" trr,. .f�h �'- r ,,� t../��n4' ( i k7. .3. �', h:r' e �t. �•¢� 'Y. ti 1 it 'i-• }{ y),e-: :s�t11 leg- � 'S I i:� ".l aF•.~�4y �.. •',l I. C�' _:, �>�� ' I. �. i.. e 4 . 'M1 . �.:i� T, r�W !. - �4 i : l ,f 1.-:Y',. "!! 3 .Rwi Y� N..pp��,, E��• 2 $ 5�1, y! 1 tt ((yy .44.1 �. ..p :5,+ iue �. y .N 4 .'1;...� `� .. �,{� r.f >l uy, s �, ,(.•S'�'� il."�iGiK4xiff� «.1K-Si``.l�i Ap w.N,+R�.�'a �,.:'Yk:l h?i"�_i�', .!P; Rt�F. k:.�,:' F.,l J'.... ...V r}.6a"'ut:. �.4:: :. .... 4.Y,'•1 /i:�-'k�l •i�4.�' i L�i i:.. . n. ,.. ..v S n . .'hl +wok. ill r f .��•,. 1 a1 _ ... . �i.. ._ A s .. .Y.✓ r.. t�T i�..f.:. A�.., ET �i'i['�N: S w+ °� r'� 1 �•a �� �aa- M1 kn.M '� �4 }�� 4 �isae+B ����(Fih I �7 IW I in i,AIU y, wf, NN 9 k, �-`I\+��ll-M f Analytical & Consulting Chemists ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Windmill Way Wilmington, NC 28405 OFFICE: 910-392-0223 FAX 910-392-4424 info@environmentalchemists.com CLIENT: PROJECT NAME: --33 1V9i,-PF2F REPORT NO: ADDRESS: CONTACT NAME: %,li -f 1( . -h n ur^ a 11 PO NO: REPORT TO: PHONE/FAX: COPY TO: email: Sampled By; U44 Vb ie —1,,A .v✓nC 1 SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other: Sample Identification Collection a a E a u o oa d m gz PRESERVATION ANALYSIS REQUESTED Date Time Temp z °z x 8 o Z 0 0 = o ins[ �e l 2 t C P f Pcc� G G �Y p r• C P G 5-t C P 7$ G C P G C P G G C P G G C P G G C P G G C P G G Transfer Relinquished By: DatelTime Received By: Date/Time uo 2. Temperature when Received: i • Accepted: je ted. Resample Requested: Delivered By: Received B Date: 2 1 Time: :envirochem ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252-4735702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910-347.5943 Lab/Fax info@environmentalchemists.com NCDENR-DWR Date of Report: Mar 15, 2016 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: David Powell Report#: 2016-02190 Project ID: 31-33 NOVREF Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05205 Site: 5 2/1812016 5:25 PM Water David Powell/John Farneli Test Method Results Date Analyzed Ammonia Nitrogen EPA350.1 138 mg/L 03/08/2016 Ammonia Kitrogen greater than TKN; possible matrix interference. Total Phosphorus SM 4500 P F 16.8 mg/L 02/29/2016 Fecal Coliform SM M21D MY 54000 Colonies/100ml- 02118/2016 Total Nitrogen (Caic) Total Kjeldahl Nitrogen (TKN) EPA351.2 100 mg/L 03/01/2016 Nitrate+Nltrde-Nitrogen EPA353.2 7.96mg/L 02/26/2016 Total Nitrogen Total Nitrogen 108 mg/L 03/07/2016 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05206 Site: 4 2/1812016 5:40 PM Water David Powell/John Farrell Test Method Results Date Analyzed Ammonia Nitrogen EPA350.1 185mg/L 02/25/2016 Ammonia nitrogen and TKN are within limits of uncertainty. Total Phosphorus SM 4$00 P F 20.6 mg/L 02/29/2016 Fecal Coliform SM8222DMF 34800 Colonies/100ml- 02/18/2016 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA351.2 169mg/L 03/01/2016 Nitrate+Nitrite-Nitrogen EPA'M.2 1.80 mg/L 02/25/2016 Total Nitrogen Tom Nitrogen 171 mg/L 03/07/2016 ttepod x:: 2016-02190 Pane 1 of 3 roop-- 77 LL • - ANALYTICAL R CONSULTING CHEMISTS NCDENR-DWR 127 N. Cardinal Drive Ext. Wilmington NC Attention: David Powell Lab ID Sample ID: 16-05207 Site:3 Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 tab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax info@environmentalchemists.com Date of Report: Mar 15, 2016 Customer PO #: 28405 Customer ID: 09010049 Report #: 2016-02190 Project ID: 31-33 NOVREF Collect Datell ime Matrix Sampled by 2118/2016 6:00 PM Water David PowelltJohn Famell Test Method Results Date Analyzed Ammonia Nitrogen EPA350.1 272 mg/L 02/25/2016 Confirmed 6y duplicate analysts. Ammonia greater than TKN possible matrix interference. Total Phosphorus SM 4500 P F 29.3 mg/L 03/01/2016 Fecal Coliform SM9222DMF 60000Colonies1100mL 02/18/2016 Total Nitrogen (Cale) Total Kjeldahl Nitrogen (TKN) EPA 351.2 219 mg/L 03/01/2016 Nitrate+Nitrite-Nitrogen EPA353.2 0.39 mg/L 02/25/2016 Total Nitrogen Tel Nitrogen 219 mg/L 03/07/2016 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 16-05208 Site: 2 2/18/2016 6:10 PM Water David PowelVJohn Famell Test Method Results Date Analyzed Ammonia Nitrogen EPA350•1 44.5mg/L 02/25/2016 Total Phosphorus SM 4500 P F 6.74 mg/L 02129/2016 Fecal Coliform SM B222D MF 1270 Colonies1100ml- 02/18/2016 Total Nitrogen (Cale) Total Kjeldahl Nitrogen (TKN) EPA 351.2 48.8 mg/L 02/29/2016 Nitrate+Nitrite Nitrogen EPA 353.2 0.18 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 49.0 mg/L 03/07/2016 Report M: 201"2190 Page 2 of 3 Environmental Chemists, Inc. envirochem6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsedown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax ® 255-A Wilmington Highway, Jacksonville, NC 285Q • 910.347.5843 Lab/Fax ANALY ICAL & CONSULTING CHEMISTS info@environmentalrhemists.eom NCDENR-DWR Date of Report: Mar 15, 2016 127 N. Cardinal Drive Fact. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: David Powell Report #: 2016-02190 Project ID: 31-33 NOVREF Lab ID Sample ID: Collect DatelTime Matrix Sampled by 16-05209 Site: 1 2/18/2016 6:25 PM Water David Poweil/John Farrell Test Method Results Date Analyzed 'Ammonia Nitrogen EPA 350.1 21.7 mg/L 02/2512016 Total Phosphorus SM 450a P F 2.87 mg/L 02/29/2016 Fecal Coliform 5M 9222D MF 1180 Colonies/100ml- 02/18/2016 Total Nitrogen (Ca[c) Total Kjeldahl Nitrogen (TKN) EPA351.2 24.9 mg/L 02/29/2016 Nitrate+Nitrite-Nitrogen EPA353.2 1.71 mg/L 02/25/2016 Total Nitrogen Total Nitrogen 26.6 mg1L 03/07/2015 Comment: , - Reviewed by: Report#:: 2016-02190 Page 3 of 3 ngton ENVIRONMENTAL CHEMISTS, INC OFFICE: 910-392-0223FIAX910-392.4424 Analytical & Conaulling Chemists NCDENR: DWQ CERTIFICATION 0 94 NCDHHS: DLS CERTIFICATION 0 3T729 Info@envlronmentalchemists.com COLLECTION AND CHAIN OF CUSTODY CLIENT: 9vG 0kI PROJECT NAME: --33 9 VrRF F REPORT NO: ADDRESS: CONTACT NAME": At✓l �- PO NO: REPORT TO: PHONEIFAX: COPY TO: email: Sampled BY: 044 Vb-t J n n •✓nc J SAMPLE TYPE: I - Influent, E a Effluent, W o Well, ST = Stream, SO = Soil. SL = Sltldoe, Other: Sample Identification Collection r n E o` ., o` o m a Z PRESERVATION ANALYSIS REQUESTED Date i Time Tempg z = " g = o Si e 3 �� [y t2�'(�M C P „(1Ccwrn °]1� N'`�� G G c C r1Ll'�Cte��s fy G^cc, 5 7 C I. Li °� ✓ fie r R 11 t^ f r, C,-% G s� I � ►Y r[. �i)nt� C P rP ca R 11e^ If, G C J � f-C n� rce��s G C P ' G G C P G G C P G G C P G G C P , G I G Transfer Relinquished By: DatelTlme Received By: Daterrime A.,-' 2. Temperature when Received: ► • V/ Accepted: ple Delivered By: Received Time: I WA Pt;,Y;� _1 -2 �, I - �..! '. ---- - f 14 i \ jy 71 --�-'-f �— 4 fC ti- 7-1� . _L. —. �._C •vim TI 4 � QQn -11-11 �T 77,77-, .k A.I��; Its? i r ll ll spy 7 I ���333' iY �tl �J1.�4LFr}iyigl' {�at�a�h-J41 H�r `b }!k{ 1ri�la� 1:1 F'+) ��nry�,��F�fr roVp &RiggA6 l K�j�v i X" ):_� o s"" � •c I �l.' � �-;r:,-;� ';r s. s �:':�[ � 'F: r r E ' 1 11,} � it .. � ",�� F+, ° t?��Y�I��f F'�i f9s� _�"In� �`�� t��1�zs�if',I'��i�� �a ��-rtf I�� ��rA�i I R i ,0 5�, .s 4 �' Y j � t � ,!1! d Y'iM' YL � � 1f�µY Y �� ,� f �f ��• ..:�_:...... : tau..?t...,_. ,. .. d� gNr�rq-y�ery k'.Af i+. `:_t7'.�.• i .:.���{F1+n ��tf',f4d Ti'. 7l! p iPYl 1 ��{ �t hn';II'}'i:. .�.`Ad ,ifs 4 i �;,. # '�t''ti.1 4�n ';t� il�pr �? az _ -•4 �' �} �'4 - ) af~, 9S �. i i., r "�w� ml A 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!T/2016 I. Structure Name/Identifier (ID): Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.D Inches c. Gne b - tirue a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 fiz e. line ell x line d x 7.48 gallonsM3 206169 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 210994.7 Ie h. current herd # ti400 oertified herd # 6400 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 In + i + j) x 7.48 x 30 daysAine f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 3/2/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Cllck on the next Structure tab shown below) DannyWeston (1-2) PoA30day 6-7-2016 210995fi 0fe 99458 If 387031 gallons 1.44 IbsI100o gal. 894.2 lb& PAN IL 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: Danny Weston #2 31-33 tine m = 854.2 lb PAN 2. Structure ID: Danny Weston #1 31-33 fine m lb PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m lb PAN 5. Structure ID: 6. Structure ID: = line m = Ib PAN line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 854.2 lb PAN Ill. TOTAL PAN 13ALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIFLDS TO WHICH PAN CANNOT BE APPLIED DARING THiS 30 DAY PERIOD_ o. tract # p. field # q. crop r. acres S. reiNWIng PKR 2 PAN balance (wacte) L TOTAL PAN BALANCE FOR FIELD (ma.) cowme r x a u. appocatlon window 4256 1 Bermuda Hay 2.37 300.00 711.0 NOV - MAR 4256 2 Bermuda Hay 27.54 300.00 8262.0 NOV- MAR 4256 3 Bermuda Ha 2.45 300.00 135.0 NOV - MAR 4256 4 Bermuda Hay 1.50 300.00 450.0 NOV - MAR 4256 5 Bermuda Ha 3.43 300.00 1029.0 NOV - MAR 4257 1 Bermuda Hay 13.87 300.00 4161.0 NOV - MAR 4257 2 Bermuda Hay 1.50 300.00 460.0 NOV - MAR 4257 3 Bermuda 0.42 300.00 126.0 NOV - MAR 4257 CP1 Bermuda Flay 21.20 300.00 6360.0 NOV - MAR 'State Currerd crop ending apprcation date or next crop application beginning date for available receiving Crops during 30 day draw down period. v. Total PAN available for all flekls (sum of column t) = 22284.0 lb. PAN W. FACiLITY'S PGA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 854.2 lb. PAN x. Crop's remaining PAN balance (line v from section 111) _ 22.284.0 lb. PAN y. Overall PAN balance (w - x) _ --21143t�' lb. PAN DannyWeston (1-2) PoA30day 6-7-2016 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 facdity, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. will be applied agronomically and hydraulically as weather permits. DannyWeston (1-2) PoA30day 6-7-2016 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: Danny Weston #2 31-33 line m = 446.0 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 634.4 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 = 1080.4 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT 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 (Ids.) column r x s u, application window' 4256 1 Bermuda Ha 2.37 _ 300.00 711.0 NOV - MAR 42256 2 Bermuda Hay 27.54 300.00 8262.0 NOV - MAR 4256 3 Bermuda Hay 2.45 300.00 735.0 NOV - MAR 4256 4 Bermuda Hay_1.50 300.00 450.0 NOV - MAR 4256 5 Bermuda Hay 3.43 300.00 1029.0 NOV - MAR 4257 1 Bermuda Hay 13.871 300.00 4161.0 NOV - MAR 4257 2 Bermuda Hay 1.50 300.00 450.0 NOV - MAR 4257 3 Bermuda Hay 0.42 300.00 126.0 NOV - MAR 4257 CP1 Bermuda Ha 21.20 300.00 6360.0 NOV - MAR '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) = 22284.0 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line In from section II) = 1080.4 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 22284.0 lb. PAN y. Overall PAN balance (w - x) = -21204 lb. PAN DannyWeston (1-2) PoA30day 3-7-2016 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. DannyWeston (1-2) PoA30day 3-7-201 B 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 6/7/2016 1. Structure Name/Identifier (ID): Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 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) 165376 ftz e. line c/12 x line d x 7.48 gallons/W 206169 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 210994.7 ft3 h. current herd # 6400 certified herd # 6400 actual waste produced = current herd # x line g = 210995 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 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 3/2/2016 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) DannyWeston (1-2) PoA30day 6-7-2016 Oft3 99458 ft3 387031 gallons 1.44 Ibs/1000 gal. 854.2 lbs. 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: Danny Weston #2 31-33 line m = 854.2 lb PAN 2. Structure ID: Danny Weston #1 31-33 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= 854.2lbPAN 111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT UST 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 (lblacre) L TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 4256 1 Bermuda Hay 2.37 300.00 711.0 NOV - MAR 4256 2 Bermuda Hay 27.54 300.00 8262.0 NOV - MAR 4256 31 Bermuda Hay 2.45 300.00 735.0 NOV - MAR 4256 4 Bermuda Hay 1.50 300.00 450.0 NOV - MAR 4256 5 Bermuda Hay 3.43 300.00 1029.0 NOV - MAR 4257 1 Bermuda Hay 13.87 300.00 4161.0 NOV - MAR 4257 2 Bermuda Hay 1.50 300.00 450.0 NOV -MAR 4257 3 Bermuda Hay 0.42 300.00 126.0 NOV - MAR 4257 CP1 Bermuda Hay 21.20 300.00 6360.0 NOV - MAR '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) = 22284.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 854.2 Ib. PAN x. Crop's remaining PAN balance (line v from section 111) = 22284.0 Ib. PAN y. Overall PAN balance (w - x) _ -21430 lb. PAN DannyWeston (1-2) PoA30day 6-7-2016 M 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. DannyWeston (1-2) PoA30day 6-7-2016 4i 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: Danny Weston #2 31-33 line m = 446.0 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 634.4 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= 1080.4lbPAN 111. 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) L TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 4256 1 Bermuda Hay 2.37 300.00 711.0 NOV - MAR 4256 2 Bermuda Hay 27.54 300.00 8262.0 NOV - MAR 4256 3 Bermuda Hay 2.45 300.00 735.0 NOV - MAR 4256 4 Bermuda Hay 1.50 300.00 450.0 NOV - MAR 4256 5 Bermuda Hay 3.43 300.00 1029.0 NOV - MAR 4257 1 Bermuda Hay 13.87 300.00 4161.0 NOV - MAR 4257 2 Bermuda Hay 1.50 300.00 450.0 NOV -MAR 4257 3 Bermuda Hay 0.42 300.00 126.0 NOV - MAR 4257 CP1 Bermuda Hay 21.20 300.00 6360.0 NOV - MAR '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) = 22284.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 1080.4 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 22284.0 lb. PAN y. Overall PAN balance (w - x) = -21204 lb. PAN DannyWeston (1-2) PoA30day 3-7-2016 e 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. DannyWeston (1-2) PoA30day 3-7-2016 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 3/7/2016 1. Structure Name/identifier (ID): Dan;y Weston #2 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard 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) F 165376 ftz e. line cl12 x line d x 7.48 gallons/W 103084 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 210994.7 W h. current herd # 6400 certified herd # 6400 actual waste produced = current herd # x line g = 210996 W certified herd # i. volume of wash water according to structural design OW j. excess rainfall over evaporation according to design 99458 W k. (lines h + i + j) x 7.48 x 30 dayslline f= 387031 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 11/13/2015 0.91 Ibs11000 gal. m. ((lines e + k)11000) x line I = 446.0 lbs. PAN REPEAT SECTION l FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) DannyWeston (1-2) PoA30day 3-7-2016 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 3f712016 1. Structure Name/identifier (ID): Danny Weston #1 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 1-12 —890 ft2 e. line c/12 x line d x 7.48 gallons/ft3 351859 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 158246 ft3 h. current herd # 4800 certified herd # 4800 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daysAine f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 11/13/2015 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) DannyWeston (1-2) PoA30day 3-7-2016 158246 ft3 I�ft3 11��fi84�-2JJ5 ft3 282583 gallons 1.00 Ibs/1000 gal. 634.4 lbs. PAN PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 10/512015 1. Structure Name/identifier (ID): Danny Weston #1 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 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) 112896 ftz e. line c/12 x line d x 7.48 gallons/ft° 140744 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 158246 W h. current herd # 4800 certified herd #1 4800 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 1 7/17/2015 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) DannyWeston (1-2) PoA30day 10-5-2015 158246 ft' Ofts 6$425 W 282583 gallons 0.72 lbs/1000 gal. 304.8 lbs. PAN 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 10/5/2015 1. Structure Name/Identifier (ID): 1 Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 1fi537fi fe e. line c/12 x line d x 7.48 gallons/ft103084 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 2i0994.7 ft3 h. current herd # 6400 certified herd # 6400 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 7/17/2015 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) DannyWeston (1-2) PoA30day 10-5-2015 210995 ft' ® ft3 99458 ft3 387031 gallons 0.99 Ibs/1000 gal. 485.2 lbs. 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: Danny Weston #2 31-33 line m = 485.2 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 304.8 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= 790.0 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) L TOTAL PAN BALANCE FOR FIELD jibs.) column r x s u. application window' 4256 1 SMALL GRAIN 2.37 50.00 118.5 NOV -MAR 4256 2 SMALL GRAIN 27.54 50.00 1377.0 NOV - MAR 4256 3 2.45 50.00 122.5 NOV - MAR 4256 4 1.50 50.00 75.0 NOV - MAR 4256 5 3.43 50.00 171.5 NOV - MAR 4257 1 13.87 50.00 693.5 NOV - MAR 4257 21 1.50 50.00 75.0 NOV -MAR 4257 3 0.42 50.00 21.0 NOV - MAR 4257 CP1 21.20 50.00 1060.0 NOV -MAR '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) = 3714.0 lb. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 790.0 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 3714.0 lb. PAN y. Overall PAN balance (w - x) = -2924 lb. PAN DannyWeston (1-2) PoA30day 10-5-2015 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 & maul 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. DannyWeston (1-2) PoA30day 10-5-2015 s PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 12/1/2014 1. Structure Name/Identifier (ID): Danny Weston 8H #2 FN:31-33 2. Current liquid volume in structural freeboard a_ current liquid level according to marker 9.0 inches b. designed structural freeboard zone 12.0 inches (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ft2 e. line c112 x line d x 7.48 gallons/ft3 309253 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 210994.7 ft3 h. current herd # 3200 certified herd #1 6400 actual waste produced = current herd # x line g = 105497 ft's certified herd # i. volume of wash water according to structural design ®ft3 j. excess rainfall over evaporation according to design 99458 ft3 k. (lines h + i + j) x 7.48 x 5 days/line f = 42585 gallons 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 351838 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) DannyWeston (2) PoASday 12-1-2014 12/1/2014 r PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 12/1/2014 1. Structure Name/Identifier (ID): Danny Weston 6H #1 FN:31-33 2. Current liquid volume in structural freeboard - a. current liquid level according to marker 17.0 inches b. designed structural freeboard zone 12.0 inches (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = -5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ft2 e. line c/12 x line d x 7.48 gallons/fts-351859 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 158246 ft3 h. current herd # 4000 certified herd #1 4800 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 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down 1. total volume to be land applied line e + line k = 131872 W 0 ft3 L. 6842 51 113 41617 gallons -310242 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) DannyWeston (2) PoA5day 12-1-2014 12/1/2014 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Danny Weston 6H #1 line I = gallons 2. structure ID: Danny Weston 8H #2 line I = 351838 gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n.lines 1+2+3+4+5+6= o. line n / 27154 = 351838 gallons 12.96 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD"' 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t. acres u. remaining IRR-2 PAN balance (Iblacre) v, maximum application rate (inlhr) W. maximum application amount (inches) 4257 CP Norfolk Small Grian 21.20 40 1 4256 1,2,&4 Norfolk Small Grian 34.06 40 1 x. total acres available during 5 day draw down (sum of column Q = 0 55.26 acres PoA (5 Day) DannyWeston (2) PoA5day 12-1-2014 12/1/2014 _ a s• IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE Y. line o = 0.23 inches per,acre-to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new h draulic load based on new information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation e ur ment mar aown in tieia; "tratticaml - across Solis' will sous aDsort) application Witnout runoff etc. Application areas are fair to moderate with some areas being poor at the present. It is the intent of the farm to apply to areas as soon as weather permits. 2. Date and amount of last rainfall event? DATE: 11 /27/14 AMOUNT: 3.00inches 3. Dates of last waste application event per field: Nov 2014 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? Yes 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet pro2osea cnanges in application rates ana amounts; ana any otner Waste will be applied agronomically and hydraulically as weather permits. _ PoA (5 Day) DannyWeston (2) PoA5day 12-1-2014 12/1/2014 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 2/23/2015 1. Structure Name/Identifier (ID): Danny Weston #1 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ft2 e. line c112 x line d x 7.48 gallons/W 281487 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 158246 ft3 h. current herd # F 4800 certified herd #1 4800 actual waste produced = current herd # x line g- = 158246 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 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 12/10/2014 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) DannyWeston (1-2) PoA30day 2-23-2015 ®ft3 68425 ft3 282583 gallons 1.30 Ibs11000 gal. 733.3 lbs. PAN 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 2/2312015 1. Structure Name/Identifier (ID): Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.D inches b. designed 25 yr./24 hr. storm & structural freeboard 19.D inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ftz e. line c/12 x line d x 7.48 gallons/ft' 515422 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 18D days g. volume of waste produced according to structural design 210994.7 ft3 h. current herd # 6400 certified herd # 6400 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 12/10/2014 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) DannyWeston (1-2) PoA30day 2-23-2015 210995 ft' ®ft3 9945$ ft3 387031 gallons 1.26 Ibs/1000 gal. 1137.1 Ibs. PAN 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Danny Weston #2 31-33 line m = 1137.1 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 733.3 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= 1870.4 lb PAN 111. 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' 4256 1 SMALL GRAIN 2.37 25.00 59.3 NOV - MAR 4256 2 SMALL GRAIN 27.54 25.00 688.5 NOV - MAR 4256 3 2.45 25.00 61.3 NOV - MAR 4256 4 1.50 25,00 37.5 NOV - MAR 4256 5 3.43 25.00 85.8 NOV - MAR 4257 1 13.87 25.00 346.8 NOV - MAR 4257 2 1.50 25.00 37.5 NOV - MAR 4257 3 0.42 25.00 10.5 NOV - MAR 4257 CP1 21.20 30.00 636.0 NOV - MAR '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) = 1963.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 1870.4 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1963.0 lb. PAN y. Overall PAN balance (w - x) = -93 lb. PAN DannyWeston (1-2) PoA30day 2-23-2015 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. l Waste will be applied agronomically and hydraulically as weather permits. DannyWeston (1-2) PoA30day 2-23-2015 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 2/23/2015 1. Structure Name/identifier (ID): Danny Weston #1 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ft2 e. line c112 x line d x 7.48 gallons/W 281487 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 158246 ft3 h. current herd # 4800 certified herd # 4800 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 1 12/10/2014 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) DannyWeston (1-2) PoA30day 2-23-2015 158246 fts �W 68425 ft3 282583 gallons 1.30 Ibs11000 gal. 733.3 lbs. PAN r PLAN OF ACTION (POA) FOR NIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 2/2312015 1. Structure Name/identifier (ID): F--Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ft, e, line c/12 x line d x 7.48 gallons/W 515422 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 210994.7 ft3 h. current herd # 6400 certified herd # fi400 actual waste produced = current herd # x line g = 210995 fts certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines In + 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 12/10/2014 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) DannyWeston (1-2) PoA30day 2-23-2015 ft3 ft399458 ft3 387031 gallons 1.26 Ibs11000 gal. 1137.1 lbs. 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: Danny Weston #2 31-33 line m = 1137.1 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 733.3 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= 1870.4lbPAN 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) k TOTAL PAN BALANCE FOR FIELD (lbs,) column r x s u. application window' 4256 1 SMALL GRAIN 2.37 25.00 59.3 NOV - MAR 4256 2 SMALL GRAIN 27.54 25.00 688.5 NOV - MAR 4256 3 2.45 25.00 61.3 NOV - MAR 4256 4 1.50 25.00 37.5 NOV - MAR 4256 5 3.43 25.00 85.8 NOV - MAR 4257 1 13.87 25.00 346.8 NOV - MAR 4257 2 1.50 25.00 37.5 NOV - MAR 4257 3 0.42 25.00 10.5 NOV - MAR 4257 Cpl. 21.20 30.00 636.0 NOV - MAR '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) = 1963.0 lb. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE w. Total PAN to -be land applied (line n from section 11) = 1870.4 lb. PAN x. Crop's remaining PAN balance (line v from section lll) = 1963.0 lb. PAN y. Overall PAN balance (w - x) = -93 lb. PAN DannyWeston (1-2) PoA30day 2-23-2015 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. DannyWeston (1-2) PoA3Oday 2-23-2015 ��`'A RMENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December I, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1140 0002 9558 8905 Danny L Weston Weston Farms, Inc. PO Box 297 Kenansville, North Carolina 28349 Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2014-PC-0264 Administrative Code 15A NCAC 2T .1304 Weston Farms, Inc. 31-33, Permit No. AWS310033 Duplin County Dear Mr. Weston: John E. Skvarla, III Secretary On November 6, 2014, staff of the NC Division of Water Resources (DWR) inspected the Weston Farms, Inc. and the permitted waste management system. 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 in maintaining land -application rates that shall not result in excessive ponding or runoff during any given application event in accordance with Condition II. 5 of the Swine Waste System General Permit No. AWG100000. On November 6, 2014, staff inspected the land application field and observed animal waste ponding on the field and running off the field into an adjacent ditch. Violation 2: �1 Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition I1. 2 of the Swine Waste System General Permit No. AWG100000. On November 6, 2014, staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-721511nterrnet: wwvv.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer - Made in pars by recycled paper Violation 3. Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000. On November 6, 2014, staff inspected the lagoons and found the freeboard level to be at thirteen (13) inches in lagoon two. Violation 4: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition Ill. 13a of the Swine Waste System General Permit No. A WG 100000. On November 6, 2014, staff from the Wilmington Regional Office had not been notified of non-compliance discharge or ponding within the twenty-four (24) hour time frame. 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. You are required to provide a written response to this Notice by January 16, 2015. 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 John Farrell at (910)796-7388. Jim' Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation. District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31-33 G:I\WQISHARED/ANIMALSIDUPLIN12014131-33NOVREF P,01 101 5C;15 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 712/2D13 1. Structure Name/identifier (ID): Danny Weston 6H #1 FN:31-33 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) d. top of dike surface area according to design (area at below structural freeboard elevation) e, line c112 x line d x 7.48 gallonslit' 3. Projected volume of waste liquid produced during draw down period 15.0 inches 12.D inches -3 inches 112896 ftz -211116 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 158246 a h. current herd # 1 48001 certified herd # 4800 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 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k 158246 ft' ft3 68425 W 47097 gallons -164018 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) DannyWeston (2) PoA5day 7-2-2013 7/2/2013 U.S. Postal Servicezt., CERTIFIED MAILfr., RECEIPT Em (�amestic Mail Only; No Insurance Coverage Provided) ' For delivery inforsRation visit our website at www.usps.comp + C [F lI C I 3 E USE Ln Ir GettiW Fee rLi C3 Return Receipt Fee Postmark Here C3 (Endorsement Required) r-9 Total Postage & Fees Is 6. CID SeW TO lzlea P s • PS Farm 380q, August 2g46 See Reverse tot Instructions ■ Complete items 1, 2, and 3. Also complete A- Signature item 4 if Restricted Detivery Is desired. X ❑ Age ■ Print your name and address on the reverse ttl+ ` ❑ Addre so that we can return the card to you. B. Received by (Printed Marne) C. p to ot Dell ■ Attach this card to the back of the mallplece, irrlli or on the front if space permits. 131 it D. Is delivery address different from item 1 IJ Yes i 1. Article Addressed to: tf YES, enter delivery address below: ❑ No 47 C 3. Service Type Certified Mail° ❑ Priority Mail Express" /j/E A) A �! 5 v . /�� l � � ❑ egistered ❑ Return Receipt for Merchandise c3 ❑ insured Mail ❑ Collect on Delivery ' 2 0 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number f (Transfer from servkefaix, T 7008 1140 0002 9558 8905 PS Form 3811, July 2013 Domestla Rehtm Receipt } PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 7/212013 1. Structure Name/Identifier (ID): Danny Weston 8H #2 FN:31-33 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) _ 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 11.5 inches 12.0 inches 0.5 inches 165376 ft2 51542 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 210994.7 ft3 h. current herd # 6400 certified herd # 6400 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 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 210995 ft' ©ft3 99458 ft3 64505 gallons 116047 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) DannyWeston (2) PoA5day 7-2-2013 712/2013 4 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 7/2/2013 1. Structure Name/Identifier (ID): 1 DaTny Weston #1 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ft2 e. line c/12 x line d x 7.48 gallons/W 351859 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 158246 ft3 h. current herd # 4800 certified herd #1 4800 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 1 6/6/2013 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) DannyWeston (1-2) PoA30day 7-2-2013 158246 ft' ft3 68425 ft3 282583 gallons 2.24 Ibs11000 gal. 1421.2 lbs. PAN Ill. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Danny Weston 6H #1 line I = gallons 2. structure ID: Danny Weston 8H #2 line I = 116047 gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = . gallons n. lines 1 +2+3+4+5+6= o. line n 127154 = 116047 gallons 4.27 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD1'2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t acres u. remaining IRR-2 PAN balance (Iblacre) v. maximum application rate (inlhr) w. maximum application amount (inches) 4257 CP Norfolk Bermuda 21.20 175 1 4256 1,244 Norfolk Bermuda 34.06 175 1 x. total acres available during 5 day draw down (sum of column t) _ 55.26 acres PoA (5 Day) DannyWeston (2) PoA5day 7-2-2013 7/2/2013 Y IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE y. line o — 0.08 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hydraulic load based on new information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar sown in neia; -tratticaDinty- across sons; ww sous aosorD appucation witnout runott, etc.) Application areas are fair to moderate with some areas being poor at the present. It is the intent of the farm to apply to areas as soon as weather permits. 2. Date and amount of last rainfall event? DATE: 1 07/01/13 AMOUNT: 2.50 inches 3. Dates of last waste aplodication event per field: June 2013 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? Yes 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet or000sea cnanaes in aumica ion rates ana amounts: ana anv otner mtormation for consiaeration. Waste will be applied agronomically and hydraulically as weather permits. Farm has had around 13" of rain in the month of June 2013, around 4" the last week of May 2013, and its still raining today. Has rained close to .5"+/- every day since 6/22/13 This PoA is also a update of Lagoon 1 which had a 30day PoA sent in on 6/12/13. this 5Day PoA is to update the PoA done on 7/1/2013 had lagoons mixed up and also to show Lagoon 2 (8H) at 12" freeboard. Will update and correct 30day PoA also. PoA (5 Day) DannyWeston (2) PoA5day 7-2-2013 7/2/2013 a o 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 6/13/2013 1. Structure Name/Identifier (ID): F-Danny Weston #1 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr./24 hr, storm & structural freeboard i9.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ftz e. line c/12 x line d x 7.48 gallons/W 351859 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 158246 W h. current herd # 4800 certified herd # 4800 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 6/6/2013 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) DannyWeston (1-2) PoA30day 7-1-2013 158246 ft's OW 6$425 W 282583 gallons 2.24 Ibs/1000 gal. 1421.2 lbs. PAN Z,i 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 611212013 1. Structure Name/Identifier (ID): Danny Weston #2 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.5 inches b. designed 25 yr.I24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ftZ e. line c112 x line d x 7.48 gallons/W 154627 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 210994.7 ft3 h. current herd # F 6400 certified herd # 6400 actual waste produced = current herd # x line g = 210995 fts 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 I 6/6/2013 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) DannyWeston (1-2) PoA30day 7-1-2013 0 ft3 99458 ft3 387031 gallons 1.76 Ibs/1000 gal. 953.3 lbs. PAN '1 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: Danny Weston #2 31-33 line m = 953.3 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 1421.2 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= 2374.5 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 (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 4257 CP BERMUDA HAY 21.20 175.00 3710.0 MAR - SEPT 4256 1,2,&4 BERMUDA HAY 34.06 175.00 5960.5 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) = 9670.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 2374.5 lb. PAN x. Crop's remaining PAN balance (line v from section 111) = 9670.5 lb. PAN y. Overall PAN balance (w - x) _ -7296 lb. PAN Dan nyWeston (1-2) PoA30day 7-1-2013 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. Farm has had around 13" of rain in the month of June 2013, around 4" the last week of May 2013, and its still raining today. Has rained close to .5"+1- every day since 6/22/13 This PoA is also a update of Lagoon 1 which had a 30day PoA sent in on 6/12113. Dan nyWeston (1-2) PoA30day 7-1-2013 t" a013a1 �t�1 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 2/13/2013 1. Structure Name/Identifier (ID): Pan F-ny Weston #1 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.5 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112$98 ft2 e. line c/12 x line d x 7.48 gallons/W 105558 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 158246 ft3 h. current herd # 480D certified herd # 480D 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 1 11/8/2012 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 158246 ft' © ft3 68425 ft3 282583 gallons 1.17 Ibs/1000 gal. 454.1 tbs. PAN Ill. 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: Danny Weston #2 31-33 line m = lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 454.1 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= 454.1 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 (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 4257 CP Small Grain 21.20 25.00 530.0 Oct -Mar 42561 1,2,&4 Small Grain 34.06 25.00 851.5 Oct -Mar '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) = 1381.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 454.1 Ib. PAN x. Crop's remaining PAN balance (line v from section III) = 1381.5 lb. PAN y. Overall PAN balance (w - x) = -927 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) 2/21100 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 711/2013 1. Structure Name/Identifier (ID): -Danny Weston #2 31-33 2. Current liquid volume in 25 yr.I24 hr. storm storage & structural freeboard a. current liquid level according to marker 12.0 inches b. designed 25 yr.I24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 7.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ft2 e. line c/12 x line d x 7.48 gallons/W 721591 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 210994.7 W h_ current herd # 6400 certified herd #1 6400 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 1 6I6/2013 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) DannyWeston (1-2) PoA30day 7-2-2013 210995 fts . nlW 99458 W 387031 gallons 1.76 lbs/1000 gal. 1951.2 lbs. PAN k- IL 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: Danny Weston #2 31-33 line m = 1951.2 lb PAN 2. Structure ID: Danny Weston #1 31-33 line m = 1421.2 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 = 3372.3 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 ilbs.) column r x s u. application window' 4257 CP BERMUDA HAY 21.20 175.00 3710.0 MAR -SEPT 4256 1,2,&4 BERMUDA HAY 34.06 175.00 5960.5 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) - 9670.5 lb. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 3372.3 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 9670.5 lb. PAN y. Overall PAN balance (w - x) = -6298 lb. PAN Dan nyWeston (1-2) PoA30day 7-2-2013 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. Farm has had around 13" of rain in the month of June 2013, around 4" the last week of May 2013, and its still raining today. Has rained close to .b"+I- every day since 6/22/13 This PoA is also a update of Lagoon 1 which had a 30day PoA sent in on 6/12113.This PoA is to updated the PoA done on 7/1/2013 which had lagoons mixed up and also to show Lagoon 2 (SH) at 12" freeboard. Will also do SDay POA. DannyWeston (1-2) PoA30day 7-2-2013 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 1/25/2010 1. Structure Name/Identifier (ID): Danny Weston #1.31-333/ 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard./ a. current liquid level according to marker 1 8-51 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) 112896 ft2 e. line c112 x line d x 7.48 gallonslft' 70372 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 15$246 W h. current herd # 4800 certified herd # 4800 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 1 10/5/2009 m. ((lines e + k)11000) x line 1 = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121 /00 158246 ft' Oft3 68425 ft3 282583 gallons 1.20 Ibs11000 gal. 423.5 lbs. PAN N 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 i/25/2010 1. Structure Name/identifier (ID): I Danny Weston #2 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard 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) 165376 ftz e. line c112 x line d x 7.48 gallons/ft' 103084 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 210994.7 ft3 h. current herd # 6400 certified herd # 6400 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 I 10/5/2009 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 210995 ft' 0 ft3 99458 ft3 387031 gallons 1.30 Ibs/1000 gal. 637.2 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: Danny Weston #2 31-33 line m = 637.2 lb PAN 2. Structure ID: Dante Weston #1 31-33 line m = 423.5 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 = 1060.7 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 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' 4257 CP Small Grain 21.20 50.00 1060.0 Oct -Mar 4256 1,2,&4 Small Grain 34.06 50.00 1703.0 Oct -Mar '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) = 2763.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 1060.7 lb. PAN x. Crop's remaining PAN balance (line v from section Ill) = 2763.0 lb. PAN y. Overall PAN balance (w - x) = -1702 lb. PAN PoA (30 Day) 2121/00 L i; f 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. will be applied agronomically and hydraulically as weather permits. PoA (30 Day) 2/21100 Nutrient Management Plan For Animal Waste Utilization This plan has been prepared for: Weston Farms, Inc. Danny Weston P.O. Box 297 Kenansville, NC 28349 910-296-0884 11-15-2010 This plan has been developed by: Ronnie G. Kennedy Agriment Services, Inc. P.O. Box 1096 Beulaville, NC 28518 252-568:?A48— I'll D eloper Signature Type of Plan: Nitrogen Only with Manure Only Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. ignature owner) Date Signature (manager or producer) Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By. ecbnical Specialist Signature Date -----------------------------------------•----- --- --• -- -• ---- -- -- - -- - --- --- ---- 455720 Database Version 3.1 Date Printed: 11-15- 2010 Cover Page 1 Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan S7 Swine Feeder -Finish Lagoon Liquid waste generated 10,382,400 gaWyear by a 11,200 animal Swine Finishing Lagoon Liquid operation. This production facility has waste storage capacities of approximately ISO days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 23913 Incorporated 41069 injected 45227 Irrigated 25992 Max. Avail. PAN (lbs) * Actual PAN Applied (lbs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year I 1 25,992 26369 -371 10,533,020 -150,620 -- --••. ............... ... Note: in source 1D, S means standard source, U means user.defined source. * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 455720 Database Version 3.1 Date Printed: 11-15-2010 Source Page I of 1 The table shown below provides a summary of the crops or rotations included in this plan for each field. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for each field is shown, where available. Planned Crops Summary Tract Field Total Acres Useable Antis Leaching Index (L> Soil Series Crop Sequence RYE 4256 1 2.37 2.37 NIA Nodblk Small (rain Overseed 1.0 Tons Hybrid Bermudaum Hay 6.5 Tons 4256 2 22.83 22.83 NIA arfolk Small drain Overseed 1.0 Tons Hybrid Bermudgxass flay 6.5 Tons 4256 2 (HW) 4.711 4.71 NIA Norfolk Small Grain Overseed 1.0 Tons Hybrid Bermudaprass Hay 6.5 Tons 4256 3 2.45 2.45 NIA Norfolk Small Grain Overwed 1.0 Tons Hybrid Bermudapius Hay 6.5 Tons 4256 4 1.50 1.50 NIA Norfolk Small Grain Ovemeed 1.0 Tans Hybrid Aamudapass Hay 6.5 Tons 4256 5 3.43 3.43 NIA Norfolk Small Grain Overmeed 1.0 Tans Hybrid Bermudagrass Hay 6.5 Tons 4257 1 9.281 9.28 NIA Norfolk Small Grain Overfeed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 4257 1 (H 4.59 4.59 NIA Norfolk Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons 4257 2 1.50 1.50 NIA orfolk Small Grain Overmd 1.0 Tons Hybrid Bermudagiass May 6.5 Tons 4257 3 0.4 0.42 NIA orfolk Small Grain Ovemeed 1.0 Tons Hybrid Bermudegmess Hay 6.5 Tons 4257 CPI 21.20 21.20 NIA Norfolk 1Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 6.5 Tons PLAN TOTALS: 74.28 74.28 455720 Database Version 3.1 Date Printed 11/152010 PCS Page I of 2 NOTE: Symbol * means user entered data. L PaentW Lo .,# ing Ci. rrlty rce Low ow potential to contribute to soluble None nutrient leaching below the root zone. >= 2 & Moderate potential to contribute to Nutrient Management (590) should be plannM. <= 10 soluble nutrient leaching below the root Zone, High potential to contribute to soluble Nutrient Management (590) should he planned. Other conservation practices that improve nutrient leaching below the root zonc the soils available water holding capacity aml improve nutrient use efficiency should be > 10 considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long-TermNo-Till (778), and edge -of -field practices such as Filter Strips (393) and Riparian Forest Buffers (391). 455720 Database Version 3.1 Date Printed 11/15/2010 FCS Page 2 of 2 NOTE: Symbol r means user entered data, The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fcrtilizcr and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen froth each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Year 1 Tract Field 5orase ID soil series TotalUse. Acres Acres Crop RYE Apptia Period irogan PA Nrdrent Req'd (lbslA) Cmom FeTL Nutrient Applied (lbslA} Res. bs/A) Applic. Metbod Mauue PA Nutrient Applied (ibs/A) Liquid a um -A ppbcd (acre) Solid Manure Applied (aQe) Ligtad Marute ApMhcd (Fickl) Solid MMM Appial (Field) N N N N 100D SWA Tans 1000 gals tons 4256 I 97 Norfolk 2.37 2.37 Small Grain Overseed 1.0 Tom 1011-3/31 50 0 0 Irrig 5 19.97 0.00 4725 0. 4256 1 S7 orfolk 2.37 237 Hybrid Bermudan ass Hay 6.5 Tons 311-9/30 *305 0 D Irrig. 303 121.93 0. 288.25 0. 4256 2 S7 Norfolk 22.83 22.83 Small Grain Overswd 1.0 Tons 10/1-3/31 50 0 0 brig 5 19.97 0. 455. D 4256 2 S7 orfolk 22.83 22.83 Hybrid Bermudanass Hay 6.5 Tons 3/1-9/30 •305 0 0 brig_ 305 121.93 0. 2,781.37 D. 4256 2 (HW) S7 Norfolk 4.71 4.71 Small Grain Ovcrsced 1.0 Tons 1011-3131 50 0 0 brig. 5 19. 0- 94.0 0. 4256 2 (HW) S7 orfolk 4.71 4.71 Hybrid Beamudagrass Hay 6.5 Tons 3/1-9/30 *305 0 0 brig. 305 121.83 0. 573. 0. 4256 3 S7 Norfolk 2.45 2A5 Smafl Grain Omseed 1.0 Tons 10/1-3/31 50 0 0 brig. 5 19.97 0. 48.93 0. 4256 3 S7 arfonr 2.45 2.451iybrid Bermttdrrgass May 6.5 Tons!: 3/1-9/30 *305 0 0 brig 305 121.83 0. 298.4$ 0. A�eG a �7 t«!^S�i : en, t enism J13'in CiM--Cci r._ T')i3�' SJ'i-J'� -- ,. .. 1.U. iIZ3g, iY.rii u_' ' 4256 4 S7 INIEll, 1.50 1.50 Hybrid Bcrmudagrass Hay 6.5 Tons 3/1-9/30 *305 0 0 1 brig 305 121.83 0. 182.74 0_ 4256 5 (HW) S7 orfoik 3.43 3.43 Small Grain Ovaseed 1.0 Tons 10/1-3/31 50 0 0 brig. 50 19.97 0. 68-50 0. 4256 5 (HW) S7 JLOrfolk 3.43 3.43 Hybrid Bermudas Hay 6.5 Tons 3/1-950 *305 0 0 brig 345 121.83 p. 417.8$ 0 4257 I S7 kb&lk 9.28 9.28 Sarah Grain Ovsrsced 1.0 Tons 10/1 3/31 50 0 0 brig. 5d 19.97 0.00 185.34 0. 4257 1 S7 Norfolk 9.29 9.28 Hybrid Benaudagrass Hay 6.5 Tons 3/1-9/30 *305 0 0 brig 305 121.83 0. 1,130.5$ 0, 4257 1 (HW) S7 nrfolk 4.59 4.59 Small Gram Ncrsoed LOToas 1011-3/31 50 0 0 irrig. S 19 0. 91.67 0. 4257 1 (1-IW} S7 orfolk 4.59 4.59 Hybrid Bermudagrass Hay 6.5 Tons 3/1-9/30 0305 0 0 brig 305 121.83 0..97 5591 0. 455720 Database Version 3.1 Date Printed: 11/15/2010 WUT Page 1 of 2 Waste Uti ion Table Year 1 Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE Apptic. Period rtragen PA NEutreni Req'd (lbs/A) Canm Fert. Nutrient Applied (lbs/A) Res. (1bs/A) Appkc. ivIetlnd Manure PA Nutrient Applied (lbs/A) Liquid MamurA pp6ed (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N IOm ga1/A Tons 1000 gals tons 4257 2 s7 Norfolk 1.50 1.50 Small Chain Overseed 1.0 Tone 10l1-3131 50 0 0 brig. 50 19.97 0.00 29.96 G. 4257 2 S7 Norfolk 1.50 1.50 Hybrid Bermudograss Hay 6.5 Tons 3/1-9/30 *305 0 0 Irrig. 305 121.83 D.00 192.74 0. 4257 3 S7 orfolk 0.42 0.42 Small Grain Qvcrseed 1.0 Tons 10/1-3/31 50 0 0 drrig. 50 19.97 0.00 8.47 0. 4257 3 S7 orfolk 0.42 0.42 Hybrid BemsudagrassHay 6.5 Tons 3/1-9/30 *305 0 0 brig. 305 121.83 0.00 51.66 0. 4257 CPI S7 orfolk 21.20 21.20 Small Grain Orerseed 1.0 Tons ID/1-3131 50 0 0 Brig. 50 19.97 0.00 423.41 0. 4257 CPI S7 arfotk 21.20 2120 11ybrid Bermudagrass Hay 6.5 Tons 3/1-9/30 $305 0 0 brig, 305 121.93 0.00 2,582.79 0. Total Applied, 1000 gallons 10,533_ Total Produced, 1000 gallons 10�382.4 Balance, IOM gaitons -1SO.6 Taal Applied, tons 0_ Total Produced, tons 0. Balance, tons 0. Notes: • 1. In the tract cohmm, - symbol means leased, otherwise, awned. 2. Symbol * means user entered data.. 455720 Database Version 3.1 Date Printed: l 1/15/2010 WUT Page 2 of 2 The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with soils. If applying waste nutrients through an irrigation system, you must apply at a rate that will not result in _ runoff. This table provides the maximum application rate per hour that may be applied to each field selected to receive wastewater. It also lists the maximum application amount that each field may receive in any one application event. Irrigation Application Factors Tract Field Soil Series Application Rate (inches/hour) Application Amount (inches) 4256 1 Norfolk 0.50 1.0 4256 2 Norfolk 0.50 1.0 4256 2 (HW) Norfolk 0.50 1.0 4256 3 Norfolk 0.50 1.0 4256 4 Norfolk 0.50 1.0 4256 5 (HW) Norfolk 0.50 1.0 4257 I Norfolk 0.50 1.0 4257 1 (HW) Norfolk 0.50. 1.0 4257 2 Norfolk 0.50 1.0 4257 3 Norfolk 0.50 1.0 4257 CP 1 Forfolk 0.50 1.0 455720 Database Version 3.1 Date Printed 11/15/2010 iAF Page I of 1 The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations for each source, the number of ani mats in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be used for sludge application. If this is not possible, care should be taken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Sails containing very high phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PA-N Rate Ib/ac Maximum Sludge Application Rate 1000 gal/ac Minimum Acres 5 Years Accumulation Minimum Acres 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Corn 120 bu 150 13.16 140.41 280.82 421.22 Hay 6 ton R.Y.E. 300 26.32 70.20 I40.41 210.61 Soybean 40 bu 160 14.04 131.63 263.26 394.90 -----.......... -................. ----------------------- •--------------------------------------------------------------------------------------------- -------------------------- 455720 Database Version 3.1 Date Printed: 11-15-2010 Sludge Page 1 of 1 The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated. The start date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. If the available storage capacity is greater than the design storage capacity, this indicates thatthe plan calls for the application of nutrients that have not yet accumulated. If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Available Waste Storaee Capacity Source Name I Swine Feeder -Finish Lagoon Liquid Deli n Storage Capacity (Days)_ Start Date 9/1 180 Plan Year Month Available Storage Capacity (Days) 1 1 59 1 2 41 1 3 52 1 4 86 1 5 87 1 6 121 1 7 I22 1 8 155 1 9 157 1 10 136 1 11 116 1 12 90 * Available Storage Capacity is calculated as of the and of each month. ........... ........ --- ... _ ...... .............. .... ................................. ----------------------- ------ - 455720 Database Version 3.1 Date Printed: 11-15-2010 Capacity Page 1 of 1 Required Specifications For Animal Waste Management 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. if the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet; but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, MRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (see "Weather and Climate in North Carolina" for guidance). ------------------------------ -- - ------- ........... ................... 455720 Database Version 3.1 Date Printed: 11/15/2010 Specification Page 1 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No pending should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1,1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1,1995, shall not be applied closer that 25 feet to perennial waters. 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. ----------- - - - - -- - - - - ----------------- - - - - -- - - - - - --...------------------------.........---------... 455720 Database Version 3.1 Date Printed: 11/15/2010 Specification Pate 2 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, 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 disturbed areas (lagoon embankments, berms, pipe runs, 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 areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. Waste handling structures, piping, pumps, reels, etc.., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21. Highly visible 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 volume for waste storage ponds. ------------------- ------ -- ----------------- ---------------- ................... ...... 455720 Database Version 3.1 Date Printed: 11115/201© Specification Page 3 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of rive years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in it manner that meets North Carolina regulations. .......... ........................... I --------- ......... ----...---------....--............ ..------- ...--......... ...... 455720 Database Version 3.1 Date Printed: 11/15/2010 Specification Pane 4 Crop Notes The following crop note applies to field(s): I, 1 (HW), 2, 2 (HW), 3, 4, 5 (HW), CP1 Bermudagrass Coastal Plain, Mineral Soil, Moderately Well Drained. Adaptation: Well -adapted. In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3" deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row. For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micron utrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in the establishment year in split applications in April and July. For established stands apply 190 to 240 lb/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for more information or consult. your regional agronomist or extension agent for assistance. The following crop note applies to field(s): 1, 1 (HW), 2, 2 (HW), 3, 4, 5 (HW), CPI Small Grain: CP, Mineral Soil, medium leachable in the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from October I5 November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. ............. I ....... .................................................................................................................................... 45572o Database Version 3.1 Date Printed; 11-15-2010 Crop Note Page 1 of 1 ANIMAL WASTE UTILIZATION PLAN �t w� Producer: Location: Telephone: Type Operation: Number of Animals: (Design Capacity) STORAGE STRUCTURE: APPLICATION METHOD: DANNY WESTON PO BOX 297 KENANSVILLE NC 28349 910-296-0884 Existing Feeder to Finish Swine 11200.00 hogs Anaerobic Waste Treatment Lagoon 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 DEM regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. Page: 1 ANIMAL WASTE UTILIZATION PLAN 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. Acreage requirements should be based on the waste analysis report and volume of waste from your waste management 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, ft3, tons, etc.) 11200 hogs x 1.9 tons waste/hogs/year = 21280 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 11200 hogs x 2.3 lbs PAN/hogs/year = 25760 lbs. PAN/year 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 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LES COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME 11440.5 4257 1 NOB BH 6.1 305 0 37.51 I APR-SEP 4257 -I 150 2G I 11 10 137.5111875.5 NOV 4257 2 NOB BH 6.1 0 I I 1305 11.24 1378.2 APR-SEP 4257 SG 1 0 1-2 1 I 150 11.24 162 SEP-NOV 4256 1 BH 6.1 0 INOA I 1305 12.15 1655.75 APR-SEP �47256 SG 1 0 I 150 12.15 1107.5 SEP-NOV 4256 2 BH 6.1 0 05 INOA I I 1305 130.4119275. APR-SEP 4256 SG 1 0 1-2 1 I 150 130.4111520.5 SEP-NOV 4256 3 BH 6.1 0 INOA I I 1305 12.45 1747.25 APR-SEP 4256 SG 1 0 1-3 1 I 150 12.45 1122.5 SEP-NOV END I TOTAL126184.8 - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. Page: 3 ANIMAL WASTE UTILIZATION PLAN NOTE: 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. Page: 4 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ------ or ------- APPLY RESID.I APPLIC METH N TIME END TOTAL 10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, L 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 to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely 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 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 mowed to a height of about two inches before drilling for best results. Acreage figures may exceed total acreage in fields due to overseeding. Page: 5 ANIMAL WASTE UTILIZATION PLAN lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. Page: 6 ANIMAL WASTE UTILIZATION PLAN The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BH HYBRID BERMUDAGRASS-HAY TONS 50 SG SMALL GRAIN OVERSEEDED AC 50 TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE LBS AW N USED _ACRES 73.76 26184.8 0 0 73.76 26184.8 * BALANCE -424.8 *** This number must be less than or equal to 0 in order to NI-1 fully utilize the animal waste N produced. * * This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to receive waste, 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 reap 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 4144 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 20720 Page: 7 ANIMAL WASTE UTILIZATION PLAN L pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 69.0666666667 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 165.76 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 2596 depending on your sludge waste analysis, soil types, realistic yields, and application methods. 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 Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate (in/hr) Applic. Amount (inches) 4256 1 NOA BH .50 4256 2 NOA BH .50 *1.0 4256 3 NOA. BH .50 *1.0 4256 4256 SG .5 *1 SG .5 *1 4256 SG .5 *1 4257 D7 1 NOB BH .50 *1.0 2 NOB BH .50 *1.0 Page: 8 ANIMAL WASTE UTILIZATION PLAN v 4257 1 -1 SG 1 .5 1 *1 4257 1. `"2 1 I SG I .5 1 *1 * 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 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be 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 responsibility 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 Tables 1 and 2. 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 rate prior to applying the waste. NARRATIVE OF OPERATION .� Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the 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 operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking 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 soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. Page: 11 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (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 perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right- of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, 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 disturbed areas (lagoon embankments, berms, pipe runs, 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 areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible 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 volume for waste storage ponds. Page: 12 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 13 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: DANNY & MARCY WESTON 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 utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Environmental Management (NCDEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wasters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved 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 NCDEM upon request. Name of Facility Owner: DANNY WESTON (Please print) Signature:.Date: Name of Manager(If different from owner): Signature: Date: 5 - ? - 97 Name of Person Preparing Plan: (Pleasep.;nt)JOHNNY L. LANIER Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT 910-296-2120 Address (Agency): PO BOX 277 KENANSVILLE NC 28349 Signature: Date: S`-.2— 9 Phone No. Page: 14 :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 11123/2009 r 1. Structure Namelldentifier (ID): Danny Weston #1-3:1-33/ 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.5 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 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) 112896 ftz e. line cI12 x line d x 7.48 gallons/W 35186 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 158246 ft3 h. current herd # r 48001 certified herd #1 4800 actual waste produced = current herd # x line g = 158246 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 1015l2009 m. ((lines e + k)11000) x line. I REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 �1ft3 I.68425JJ ft3 282.83 gallons 120 Ibs/1000 gal. 381.3 lbs. PAN y PLANOF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 11112/2009 1, Structure Name/Identifier (ID): Danny Weston #2 31-33 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to mariner 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) 165376 ftz e. line c112 x line d x 7.48 gallonslfe 103084- 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 210994.7 ft3 h. current herd # 7­6-4-0­01 certified herd #1 6400 actual waste produced = current herd# x line g = 210995 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 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 1015/2Q09 m. ((lines e + k)l1000).x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 �0 ft 3 99458 1 ft3 387031 gallons 1.30 lbs11000 gal. 637.2 lbs. PAN IC 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: Danny Weston #2 31-33 tine m = 637.2 lb PAN 2. Structure ID: Danny Weston 41 31-33 line m = 381.3 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 +2+3+4+5+6= 1018.5lbPAN 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_ .. - 2 PAN balance .- row t. '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) = 1060.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section. ll) = 1018.5 lb. PAN x. Crop's remaining PAN balance (line v from section 111) - 1.060 0 lb. PAN y. Overall PAN balance (w - x) _ -42 Ib. PAN PoA (30 Day) 2121100 s} 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 14112/2009 J_ 5 1. Structure Name/Identifier (ID): Danny Weston #2,3.1_;331 C -:_Y 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c, line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 165376 ft e. line c/12 x line d x 7.48 gallons/ft3 103084 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 210994.7 ft3 h. current herd# F 6-4-0-01 certified herd #1 6400 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) is 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 10/5/2009 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) 2121100 210995 It' 0 ft3 99458 ft3 387031 gallons 1.30 Ibs/1000 gal. 637.2 lbs. PAN 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS INALLWASTE STRUCTURES FOR FACILITY 1. Structure ID: Danny Weston #2 31-33 line m = 637.2 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: 5. Structure ID: 6. Structure ID: n.lines 1+2+3+4+5+6= line m = lb PAN line m = lb PAN line m = lb PAN 637.2 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. TURP11IM1=11U. balance2 PAN k - IELD k application window' yr `` 'State current crop ending application date or next crop application beginning.date for available receiving crops during 30 day draw dawn period. v. Total PAN available'for all -fields (sum of column t) = 1060.0 lb. PAN. IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 637.2 lb. PAN x. Crop's remaining PAN balance (line v from section 111) = 1060.0 lb. PAN y. Overall PAN balance (w - x) = -423 lb. PAN PoA (30 Day) 2t21100 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. PoA (30 Day) 2121100 11/12/2009 W A rE,4pG 00, O=0F Michael F. Easley, Governor William G. Ross Jr., Secretary CO North Carolina Department of Environment and Natural Resources Q Coleen H. Sullins, Director Division of Water Quality January 10, 2007 CERTIFIED MAIL # 7007 0220 0000 8225 0465 RETURN RECEIPT REQUESTED Mr. Danny L. Weston Weston Farms Inc. PO Sox 297, Kenansville, NC 28349 Subject: Notice of Violation Case # NOV-2008-PC-0029 Weston Farms Inc. Facility Number: t31-033 Duplin County Dear Mr. Weston: it This is to notify you of violations to Swine Waste Management System General Permit AWG100000 issued on July 1, 2007 under Certificate of Coverage AWS310033. A discharge of animal waste occurred at your facility on December 14, 2007. You also notified Kevin Rowland of the Division of Water Quality of the discharge that same day. An inspection ,., of your facility was initiated from your call. During Mr. Rowland's inspection, the following 1 violation was noted: 1. Animal Waste Discharge Waste was discharged at your facility from the application field to adjacent field ditch. The waste flowed down the field ditch on your property and into ditches on adjacent property (hunting 1 forestry land). At the time of inspection, waste was not observed to be entering waters of the State. The discharge of animal waste is in violation of Condition No. I. 1. of General Permit AWG100000 that states in part, "The waste collection, treatment, storage and application system operated under this General Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters or wetlands." No hCarolina Jlatura!!y North Carolina Division of Water Quality 127 Cardinal Dive Extension Phone (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 29405 FAX (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50°% Recycled110°% Post Consumer Paper Mr_ Weston Page 2 of 2 January 10, 2008 In response to this violation, this office must receive the following information within fifteen (15) working days of the receipt of this notice: a. A written explanation of the violation. b. A written description of the actions taken or to be taken to prevent this recurrence. 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 the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Kevni Rowland at 910-617-8824. Also, please find enclosed a copy of the inspection report. You Charles . Stehman, Ph.D., P.G. Environmental Regional Supervisor II Enclosures (Addressee only) cc: Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC-WiRO Kraig Westerbeek, Murphy -Brown, LLC APS Central Files DWQ Wilmington Animal Files 31-033 S:IWQSIANIMALSIDUPLIN12008131-033 NOV U.S. Postal Service,,., CERTIFIED MAILT,., RECEIPT (0olSp st1C AV l Only; No Insurance Coverages FArovided) . For delivery information visit our website at www.usps.coma . FFICIAL USE r sarrt To b seise% apr." ivo:; r- ".>0a--ft 97 W. FORM IRR-2 Lagoon Liquid Irrigation Fields Record T-4257 FIELD 1_ One Form for Each Field per Crop Cycle BERMUDA HAY 2005 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number 31 33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (lb/acre) = (B) 305 (1) (2) (3) 14) (5) (6) f7) (8) (9) (10) 0 1) T-4257 I Field/H d # 1 37.51 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Lagoon Code Irri ation Waste Analysis PAN' (W1000 gal) PAN Applied Nitrogen (Iblacre) Balance" 8 x 9 (lb/acre) 1000 (B) - 00) Hours Remaining on Field Inches Per/Acre Remaining Date ; 2005j Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7)1(A) 2 318 - 3114 980 1 528 1 506880 13513.20 2.4 32,43 272.57 134.47 4.18 2 3/14/2005 1450 1650 120 1 1 88 10560 281.52 2.4 0.68 271.89 804.82 4.17 r-'2 =416 = 4(7= --420= . t -528= -221760-:: 59121'02 2.4 14.19 257.70 127.14 3.95 1 4112 - 4118 480 1 528 253440 6756.60 2.3 15.54 242.16 124.66 3.88 1 4118 - 4125 480 1 352 168960 4504,40 2.3 10.36 231.80 179.00 3.71 1 4125 - 4129 1110 1 440 488400 13020.53 2.3 29.95 201.86 124.70 3.23 1 5119 - 617 960 1 528 506880 13513.20 2.3 31.08 170.78 87,91 2.73 1 6116 - 6119 1020 1 528 538560 14357.77 1.8 25.84 144.93 95.34 2.97 1 6120 - 6121 690 1 528 364320 9712.61 1.8 17.48 127.45 83.84 2.61 2 6124- 6125 Z== =660- 1- - -528- -348480- - t 9290.32 1.6 14.86 112.58 83.31 2.59 1 715 - 8110 1800 1 528 950400 25337.24 1.8 45.61 66.98 44.06 1.37 C-----2- 8112 - 8116 - - , - - -780~ -1-- 528 "411840--3 10979.47 1.6 17.57 49.41 36.56 1.14 t7--2-- 8123 - 9117 - =11.40 - "- "1 --528- .- 601920:a 16046.92 1.6 25.68 23.74 17.56 0,55 Owner's Signature Certified Operator (Print) Totals 1 5372400...1 143225 81 J Operator's Signature Operator's Certification Number L 281.26 E NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting cc (10) from column (11) following each irrigation event, r I2 J FORM IRR-2 Lagoon Liquid Irrigation Fields Record T-4257 FIELD 2 One Form for Each Field per Crop Cycle 1 GUN = 81 GPM aGa5g,ceme1,oANW Tract # Field Size (acres) _ (A) Farm Owner Owner's Address Owner's Phone # Facility Number 31 33 }rrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type BERMUDA MAY Recommended PAN Loading (Ibtacre) = (B) 305 f1) (2) (3) (4i f51 (6) (7) f8) 1`91 (10) f11) T-4267 I Field1N d # 2 1.24 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 (910 )296-0884 017 Yuri . PAN Applied Nitrogen (Iblacre) Balance— x (9) (lb/acre) �i� r Remaining on Field Per/Acre Remaining Total Min. # of Sprink. •. -10- Vaiume per Acre (gallacre) rrrrrrrrrr■�rN■rrrr■ r■r����■rrr�rr■� rrrrrrr�r�■rr�■rrr rrr�rr�rrr�rr� rrr�rrrr��rr� �■■rr�rrr�� ■rrrrrrrrrrrrri�rrr rrr■rr■rrrrrr�rrr �rir�rrri�irr�irr�iir��■�rir i■�irr�r�i■�r�irrr�i rr■■rrrrrrrrrrr�rrrr�■ rrr�rrrrrrrrrrrr �■i r r■irr�rirri��irrrrrrir�ir� r��r�r�i rrrrrrrr���rr 'rrrrrr■r■rr■r■r■r� �rrr�rrrr■rrrrr rrr�rrrrr�rr �rrrrrrrrr�rrr�� �rrrrrrrrrrr '��r�irr■�irr�rri��� �rr�r�ir��i rrNr�rrrrrrr��� �rrrrrrrrrr�rr■� rrrrrrr���rrr rr■rrr■rrr�rr� rrrrrrr■r�rrrrrrr■ r��rrrrrrrrr Owner's Signature Certified Operator (Print) Totals 1 134640 108580.65 Operators Signature Operator's Certification Number 1 255.48 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B)_ Continue subtracting c (10) from column (11) following each irrigation event- _. FORM IRR-2 Lagoon Uquid Irrigation Fields Record T-4257 FIELD 3 One Form for Each Field per Crop Cycle 1 SPRtNKLER = 17 GPM ?OCf5 B,!PQ 40?/ Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number 31-33 Irrigation Operator DANNY WESTON trrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (lb/acre) = (13)305 (1) (2) (3) (4) (5) (61 (7) (8) (9) (10) (111 T-4257 I FioldlHyd # 3 0.424 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 (910)296-0884 ... PAN' log .. PAN Applied Nitroclen Balance—, fe) x (9) (lb/acre) 000 a Remaining on Field Per/Acre Remaining J �.(Iblacre) i •. .. Owner's Signature Certified Operator (Print) Totals 1 38760 91415.09 1 Operators Signature Operator's Certification Number 1 215w09 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting c�1 (10) from column (11) following each irrigation event- FORM IRR-2 Lagoon Liquid Irrigation Fields Record Y-4256,F{ELQ 2 One Form for Each Field per Crop Cycle SMALL GRAIN 2004 - 2005 Tract # Field Size (acres) = (A) Farm Owner Owners Address Owner's Phone # Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Typa SMALL GRAIN Recommended PAN Loading (Iblaore) = (6) 50 (1) (2) (31 (41 (5) (6) 1'71 1B1 (91 1101 011 T-4256 Fie)dlH d # 2 30.41 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Lagoon Code Irrigation Waste Analysis PAN' (Ib11000 gal) PAN Applied Nitrogen (Iblacre) Balance.. 8 x IS (Iblacre) 1000 (B) - 00) Hours Remaining on Fiald Inches Per/Acre Remaining Date Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7) / (A) 1 event 1 gun 11/8/2004 1 120 1 81 9720 319.63 1.6 0.51 49.49 193.54 1.14 3 events 6 guns 12/8 - 12/16 420 1 486 204120 6712.27 1.6 10.74 38.75 25.26 0.89 3 events 3 guns 12116 - 12/17 300 1 243 72900 2397,24 1.6 3.84 34.91 45.51 0.80 1 event 6 guns 1/2/2005 120 1 486 58320 1917,79 1.6 3.07 31.84 20.76 0.73 1 event 5 guns 1/3/2005 180 1 405 72900 2397,24 1.6 3.84 28.01 21.91 0.64 1 event 6 guns 1/4/2005 120 1 486 58320 1917.79 1.6 3.07 24.94 16.26 0,57 3 events 2 guns 116 - 1/13 390 1 162 63180 2077.61 1.6 3.32 21.62 42.27 0.50 2 2122 - 2/26 630 1 405 255150 8390.33 1.6 13.42 8.19 6.41 0.19 2 3/3/2005 330 1 405 133650 4394,94 1.6 7.03 1.16 0.91 0.03 Owner's Signature Certified Operator (Print) Totals 1 928260 3C524.83 Operator's Signature Operators Certification Number 1 48.84 ' NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (8). Continue subtracting cq (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record T=4257 11IELQ;,2 One Form for Each Field per Crop Cycle SMALL GRAIN 2004 - 2005 Tract # Field Size (acres) = (A) Farm Owner Owners Address Owner's Phone # Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 298.6884 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (lblacre) = (B) 50 (1) (2) (3) (4) (5) (6) (7) I'M (9) (10) (11) T-4257 Field/H d # 2 1.24 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0864 • f 00r .. Applied • - Balance** • •.Field �r�,moll[ - • inches e- RemMning • . f O•' Volume • .. - Owner's Signature Certified Operator (Print) Totals 1 31680 25548.39 Operator's Signature Operator's Certification Number 40.88 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting c{ (10) from column (11) following each irrigation event. 1 FORM IRR-2 Lagoon Liquid Irrigation Fields Record T4257 FIELD 3 One Form for Each Field per Crop Cycle SMALL GRAIN 2004 - 2005 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # T-4257 Field/H d # 3 Facility Number 31-33 Irrigation Operator DANNY WEST'ON Irrigation Operator's P,O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # (910)296-0884 0.424 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 (9M296-0884 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (lb/acre) = (B)50 11) f71 f31 (4) (5) (8) 17) fBl (9) f101 f111 ... PAN AppliedPAN Oblacre) Balance" (13) x (9 (Jblacre�— Remaining on Field Per/Acce Remaining D._ 0N 00 �F Min, Sprink. volume per Acre (gal/acre) Owner's Signature Certified Operator (Print) Totals 9120 I 21509.43 Operator's Signature Operator's Certification Number I 34.42 I NCOA Waste Anaylsis or Equivaient or NRCS Estimate, Technical Guide Section 633. _ " Enter the value received by subtracting column (10) from (B), Continue subtracting c (10) from column (11) following each irrigation event. I uctiv,c)) FEB 0 3 20 g. tV 4 La L16 e V FORM IRR-2 Lagoon Liquid Irrigation Fields Record T-4256 FIELD 2 One Form for Each Field per Crop Cycle BERMUDA HAY 2005 Tract # Field Size (acres) = (A) Farm owner Owner's Address Owner's Phone # T-4256 Field/H d # 2 30.41 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296.0864 Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operators Phone # 910 296-0884 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (lb/acre) = (B)305 (1) f2) 0 14S (5) (61 (7S (8) (9) (10) 1`11) Lagoon Code Irrigation Waste Analysis PAN' (lb/1000 gal) PAN Applied Nitrogen (Iblacre) Balance" f8} x (9) (Iblacre) 1000 (B) - (10) Hours Remaining on Field Inches Per/Acre Remaining Date ;2005r'•' Start Time End Time Total Min, (3) - (2) # of Sprink. Oper. Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallAcre) (7)1(A) 2 3I412005 13001 1550 150 1 1 440 66000 2170.34 2.4 5.21 299.79 143.89 4.60 2 3/5/2005 180 1 176 31680 1041.76 2.4 2.50 297.29 356,72 4.56 2 411 - 412 600 1 528 316800 10417.63 2.4 25.00 272.29 108.91 4.10 2 4/4/2005 240 1 566 135840 4466.95 2.4 10.72 261.57 97,59 4.01 2 4/4/2005 150 1 547 82050 2698.13 2.4 6.48 25509 98.48 3.91 1 4/21/2005 150 1 528 79200 2604.41 2.3 5.99 249.10 103.96 3.99 1 4/21 - 4122 300 1 585 175500 5771.13 2.3 13.27 235.83 88,83 3.78 1 4122 - 4125 420 1 528 221760 7292.34 2.3 16.77 219.08 91.42 3,51 1 5/9/2005 1450 1650 120 1 95 1140D 374.88 2.3 0.86 218,19 506.12 3.49 1 5/10/2005 300 1 528 158400 5208.81 2.3 11.98 206.21 86,06 3.30 1 5110 - 5111 1450 1650 120 1 566 67920 2233.48 2.3 5.14 201.08 78.29 3.22 1 5112-5118 270 1 547 147690 4856,63 2,3 11,17 189.91 76.51 3.04 1 5/18/2005 1300 1500 120 1 528 63360 2083.53 2.3 4.79 185.11 77.26 2.96 1 6/21/2005 240 1 528 126720 41v.05 1.8 7.50 177.61 94.72 3.63 1 6/21/2005 1650 1850 120 1 566 67920 2233.48 1.8 4.02 173.59 86.36 3.55 ~---72 -612212665 -900 -1200 `--180- - - 566- 101880::) 335o.21 1.6 5.36 166.23 94A 5 3.87 2 6122/2005 12501 1500 150 1 585 87750 2885.56 1.6 4.62 163.62 88.60 3.77 2 6123/2C05 8001 1100 180 1 528 95040 3125.29 is 5,00 158.82 95,16 3.65 2 6/23/2005 11501 1350 120 1 440 52800 1736.27 1.6 2.78 155.84 112.19 3.59 2 6/23/2005 1550 1850 160 1 528 95040 3125.29 1.6 5.00 150.84 90.49 347 1 711812005 1050 1250 120 1 164 19680 647.16 1.8 1,16 149.67 256.97 3.06 1 7/1812005 800 1000 120 1 604 72480 2383.43 1.8 4.29 145.38 67.77 2.97 1 7118 - 8126 2010 1 528 1061280 34899.05 1.8 62.82 82.56 44.03 1.69 2 __ :8129-8130 __.� =660-- i 528- --348480� 11459.39 1.6 18.34 64,23 38,53 1.48 Totals L 3686670 I 121232,16 J I 240.77 j Owner's Signature Operator's 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 c{ (10) from column (11) following each irrgaLon event. ' e FORM IRR-2 Lagoon Liquid Irrigation Fields Record T.4256,FIELDI.3 One Form for Each Field per Crop Cycle BERMUDA HAY 2005 t= N C" Tract # Field Size (acres) = (A) Farm Owner Owner's Address Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone# 910 296-0884 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (lb/acre) = (B) 305 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Owner's Phone # T4256 R.ldIH d # 3 2.45 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 (910)296-0884 Lagoon - 1 "Al ._1 AppliedVolume PAN 1001) 1 # of i• per Acre Owners Signature Certified Operator (Print) Totals 1 274560 L 112065.31 1 Operator's Signature Operator's Certification Number 1 268.96 ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (8). Continue subtracting (10) from column (11) following each irrigation event. EES 0 3 2006 ,SAM,4*.L. 0?AIX)' doc) 5 FORM IRR-2 Lagoon Liquid Irrigation Fields Record , J-4256 FIELD 2, One Form for Each Field per Crop Cycie SMALL GRAIN 05 - 2006 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (Iblacre) = (B) 50 (1) (2) (3) (4) (5) 1`61 (7) (81 (9) (tot (11) TA256 I Fie)d!H d # 2 30.41 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Lagoon�. Code PAN AppliedNitrogen Balance— Remaining Per/Acre - . • - • -(lb/acre) - a11 11 11 �am 1 •1 ����� Owner's Signature Certified Operator (P(nt) Totals I 113520 I 3732.98 I Operators Signature Operators Certification Number 1 5,60 I " NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 63 " Enter the value received by subtracting column (10) from (8). Continue subtracting c (10) from column (11) following each irrigation event. i� N Cn 4 W FORM IRR-2 Lagoon Liquid Irrigation Fields Record T-4257 FIELD 3 One Form for Each Field per Crop Cycle SMALL GRAIN 05 - 2006 Tract # Field Size (acres) _ (A) Farm Owner Owner's Address Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, INC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (Iblacre) = (B) 50 (1) (21 (3) W (5) (61 (7) (8) 191 MG) (11) Owner's Phone # T-4257 I FWdlii d # 3 0.424 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296.0884 Lagoon ... PAN Applied Nitrogen (Iblacre) Balance— .. Hours Remaining Inches Per/Acre s li m Volume Owner's Signature Certified Operator (Print) Totals 1 8550 1 20165.09 1 Operator's Signature Operator's Certification Number 1_ 32.26 NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 63' ***Enter the value received by subtracting column (10) from (B). Continue subtracting . (10) from column (11) following each irrigation event. _r FORM IRR•2 Lagoon Liquid Irrigation Fields Record T-4257. FIELD 2' One Form for Each Field per Crop Cycle SMALL GRAIN 05 - 2006 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Facility Number 31.33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operator's Phone # 910 296-0884 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (lb/acre) = (B)50 f11 f21 f31 (4) f51 f81 (7) f81 f9l fi01 fill Owner's Phone # T-4257 I FieldlH d # 2 1.24 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 (910)296-0884 ... PAN Applied Nitrogen .. Fietcl Remaining �. . of Volume per Totals j 18450 1 14903.23 j I 22.35 1 Owner's Signature Operator's 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 c (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record T-4257 FIELD 1 One Form for Each Field per Crop Cycle SMALL GRAIN 05 - 2006 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owner's Phone # Facility Number 31-33 Irrigation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operators Phone # 910 296-0884 From Waste utilization Plan Crop Type SMALL GRAIN Recommended PAN Loading (lb/acre) = (B) 50 111 (2) M3 fM (51 IM M Ili) (91 (in) f11) T-4257 I FieldlH d # 1 37.51 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Lagoon Code Irrigation Waste Analysis PAN" (lbi1000 gal) PAN Applied Nitrogen (Iblacre) Balance- 8{ 1 x (9) (tblacre) 1000 (B) - (10) Hours Remaining on Field Inches Per/Acre Remaining Date Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gaVmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7) 1 (A) 2 10113 - 10115 990 1 528 522720 13935.48 1.6 22.30 27.70 20.50 i0,64 1 10121 - 1111 1 270 1 1 352 95040 2533.72 1.5 3.80 23.90 28.30 0.59 1 11/2/2006 60 1 440 26400 703,81 1.5 1,06 22.85 21.64 0.56 1 11/212005 1 120 1 352 42240 1126.10 1.5 1.69 21,16 25,05 0.52 1 1113/2005 120 1 440 52800 1407.62 1.5 2.11 19.05 18.04 0.47 1 1113/2005 120 1 1 264 31680 644.57 1.5 1.27 17.78 28.07 0.44 2 1114 - 11l5 210 1 1 176 1 36960 985.34 1.6 1.58 16.20 35,97 0.37 Owner's Signature Certified Operator (Print) Totals 1 807840 21536.66 ., I Operator's Signature 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 -k- (10) from column (11) following each irrigation event. r' 12/17/05 Mr. Chester Cobb Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Cobb, Weston Farms Ina PO BOX 297 Kenansville, NC 28349 910-296-0930 This memo is to address the Notice of Violation Letter that was sent to me on 12/14/05. My Farm (FN 31-33) had several deficiencies: 1 Freeboard within structural level 2 Hydraulic Over -Application The main reason the violation occurred was not enough pumping equipment. The farm had one lagoon pump for two large lagoons. The pump was being used on Lagoon #2 (the larger) in an attempt to lower the level as much as possible before moving it to the smaller lagoon. The pump was moved to the smaller lagoon on Friday, October 21, 2005. At that time, the smaller lagoon freeboard was approximately 13 inches. That afternoon, a pipe broke in the field, which stopped all pumping. That evening, it began to rain heavily throughout that weekend. This rainfall put the smaller lagoon in the red_ D WQ was notified on Monday, October 24, 2005. Corrective Actions: 1. Triple S came out and pumped waste from the small lagoon to the larger one. 2. More irrigation guns and a 2nd lagoon pump have been purchased. 3. Hay has been cut and removed. 4. All fields have been aerated. Currently examining better methods of irrigation. Hydraulic overload can be addressed by shortening pump events in areas where ponding is more likely (soil changes and lower areas). Spray Fields will be closely monitored to prohibit future ponding during application events. I hope this information will address the Notice of Violation(s) that were noted, If you have any questions please feel free to call. ith Kind Regards, innv Weston Murphy Brown . i' Farm: Daily Rainfall/Weekly Lagoon Level Record July Freeboard S11uce1ral . August reeboard Svuctural SUN MON TOES WED THUR FR! SAT SUN MON TUES WED THUR FRI SAT Check 1 2 1 I 2 3 4 i e 11 W 4�. �1 5 6 7 e 9 7 8 9 10 11 12 13 �! 10 11 Y 12 13 f, 14 11 16 14 15 to 17 Is 19 20 V6 17 1e 19 20 21 22 23 21 22 ,J 23 24 25 26 27 144 24 25 i 2e 27 29 29 30 / 25 29 ► - d75 30 31 31 September Freeboard Structural October Freeboard Swctwal SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check 1 2 3 1 4 5 i . Z/ !v e 1 e 9 10 2 3 f - r 4 s e 7 a it V. 11 121_ 26 13 14 3 15 14 17 91 1 10l c 11 12 13 14 1s / 1e 19 20 21 22 23 24 16 17, _ }� to /9 20 21 22 L/ 4 a 8 25 28 ,1 ry1 fffl o4s1 27 �.y 26 29 30 l 23 2}' l { 2s !� 1/ 20 27 2e r� 29 • vim' 1¢ 311 31 1 j November Freeboard Structural December Freeboard Structural SUN MON TUES WED THUR FRI SAT check SUN MON TUES WED THUR FRI SAT Chen` 1 2 3 4 3 1 2 3 6 7# 31h 1 ! 9 10 11 12 4 5 � 7 e 9 1ey I .8 l9 13 1a+ -111Y 15 16 17 16 19/11 12 a 13 a 15 16 17 20 2t - 1 22 24 25 29 , 13 17/j 1 } - I 20 22 23 24 Y 13 121 27 2et 29 30 24 26 27 J �j 2e z9 1l 30 31 -�,lE '4`►1i d " l��s 02/12/03 If daily rainfall totals 4 inch or greater, initial in box that lagoon integrity has been chrrked. Mur,�phy Brown . Daily Rainfall/Weekly Lagoon Level Record l�Z—- 005 January Freeboard Structural February reeboard Structural SUN MON TUES WED THUR FRI SAT Check SUN MON TOES WED THUR FRI SAT Check 1 1 1-.?I2 3 I s a oi,,j -;G a 5 6 7 a s 7/ _ y a 9 10 11 42 13I ;1 A eZ - /q I/ 9 t01 't tt 12 13 a 15 13 14 -�� 15 19 17 3„ L 1a t9 2 r�� Orr -4t11 ` is 1 7 1a 19 20 21 22 20 27 22 23 24 3�b 25 26 y 23 24 / 1-47`— 25 26 27 20 29 27 2a 1 -.2. a -.PAL 30 3, March Freeboard Stuclural April Freeboard structural SUN MON TOES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check V^ V ,\J) & 7 a 9 t0 3 it 12 3 4 5 8 1 s 9 1 } a` d5 13 114 I 15 t8 17 11 19 10 11 IZ 12 13 14 �/ ]5 15 .7 1 - a411 20 21 22 23 24 25 E 26 V) 17 19 1 I l4 /: 19 20 21 22 3 . ✓,,J '47 2-aa �• �s/ _ 1 1-� =7 24 In J 1-a' 26 177 128 129 13G May Freeboard Structural June Freeboard Structural SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check 1 2 ! 1 �3 3 { 5 a r 4 2 3 4 // xDv) a 9 10 11 12 13 LS 14 \ 5 6 ;6` 7 8 9 10 11 15 �! 16 17 to 19 20 21 12 fly 13 ' �I 111 44 15 16 17 is ja4 a- 22 123i_,�/V 24 25 t ( 6 21 2s Z") i9 20 21 22 23 24 25 v� 29 3 r 31 26 2 1 - �*1 1 a ' y� `i f� 29 30 t�, D21121D3 If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked. 2002 Bermuda Rain (311 - 10126 2005 Bermuda Rain (314 - 9117) T-4256 Field 2 1,837,470 3,686,670 T-4256 Field 3 82,620 274,560 T-4257 Field 1 12794,300 5,372,400 T4257 Field 2 29,160 134,640 T-4257 Field 3 33,150 38,760 3,776,700 32.7 9,507,030 30.6 Start lagoon levels End lagoon levels Start lagoon levels End lagoon levels Lagoon #1 33 Lagoon #1 28 Lagoon #1 22 Lagoon #1 23 Lagoon #2 28 Lagoon #2 26 Lagoon #2 21.5 Lagoon #2 28 Lagoon #1 --- +5 351860 Lagoon #1 --- -1 70372 Lagoon #2 --- +2 212556 Lagoon #2 --- -6.5 690807 564416 761179 Lagoon #1 Lagoon #2 I 4/17 - 4/18 253,440 T-4257 Field 1 3/4/2005 66,000 T-4256 Field 2 4/18 - 4/25 168,960 T-4257 Field 1 3/5/2005 31,680 T-4256 Field 2 4/21/2005 79,200 T-4256 Field 2 3/7/2005 105,600 T-4256 Field 3 4/21 - 4/22 175,500 T-4256 Field 2 318 - 3/14 506,880 T-4257 Field 1 4/22 - 4/25 221,760 T-4256 Field 2 3/14/2005 10,560 T-4257 Field 1 4/25 - 4/29 488,400 T-4257 Field 1 3/15 - 3/23 71,280 T-4257 Field 2 4/20 - 5/3 63,360 T-4257 Field 2 3/15 - 3/23 20,520 T-4257 Field 3 4/20 - 5/3 18,240 T-4257 Field 3 3/24 - 3/30 168,960 T-4256 Field 3 5/9/2005 11,400 T-4256 Field 2 411 - 4/2 316,800 T-4256 Field 2 5/10/2005 158,400 T-4256 Field 2 4/4/2005 135,840 T-4256 Feld 2 5110 - 5/11 67,920 T-4256 Field 2 4/4/2005 82,050 T-4256 Field 2 5/12 - 5/18 147,690 1 T-4256 Field 2 4/6-4/7 221,760 T-4257 Field 1 5/18/2005 63,360 T-4256 Field 2 6/22/2005 101,880 T-4256 Field 2 5/19 - 6/7 506,880 T-4257 Field 1 6/22/2005 87,750 T-4256 Field 2 6/16 - 6/19 538,560 T-4257 Field 1 6/23/2005 95,040 T-4256 Field 2 6/20 - 6/21 364,320 T-4257 Field 1 6/23/2005 52,800 T-4256 Field 2 fT-4257 Field 3 38,760 6/21/2005 126,720 T-4256 Field 2 6/23/2005 95,040 T-4256 Field 2 T-4257 Field 2 134,640 6/21/2005 67,9201T-4256 Field 2 6/24-6/251 348,480 T-4257 Field 1 T-4257 Field 1 5,372,400 7/5 - 8/10 950,400 T-4257 Field 1 8/12 - 8/16 411,840 T-4257 Field 1 T-4256 Field 3 274,560 7/16/2005 19,680 T-4256 Field 2 8/23 - 9/17 601,920 T-4257 Field 1 T-4256 Field 2 3,686,670 7/18/2005 72,480 T-4256 Field 2 8/29 - 8/30 348,480 T-4256 Field 2 Total 9,507,030 7/18 - 8/26 1,061,280 T-4256 Field 2 I I 5,625,870 3,881,1601 9,507,030 Lagoon Drops Lagoon #1 Lagoon #2 Drop Rain Drop Rain 4118 - 4/25 2.0 0.0 2/28 - 3/7 1.51 0.0 4/25 - 5/2 2.0 0.0 317 - 3/14 1.5 0.3 5/2-5/9 1.5 0.0 3/21 - 3/28 1.5 0.5 5/23 - 5/30 1.0 0.5 3/28 - 4/4 1.5 0.0 6/13 - 6/20 3.5 0.0 4/4 - 4/11 1.5 1.0 6/20 - 6/27 4.5 0.0 6/6 - 6113 0.5 1.5 7/11 - 7/18 5.0 0.5 6/20 - 6/27 7.0 0.0 8/22 - 8129 1.5 0.0 8/1-8/8 1.0 1.0 8/8 - 8/15 1.5 0.5 . 22.0 8/15 - 8/22 2.5 0.0 8/22 - 8129 1.5 0.0 8/29 - 9/5 3.0 0.0 29.3 Lagoon #1 70372 1,548,184 1 Lagoon #2 106278 3,113,945 Total 4,662,129 1 /8/2005 0.20 1/12/2002 1.50 2/17/2005 2.00 1/15/2002 1.00 2/23/2005 0.30 1/21/2002 0.50 2/24/2005 0.30 1 /22/2002 0.30 3/10/2005 0.30 1/24/2002 1.50 3/17/2005 1.00 2/7/2002 1.00 3/21 /2005 0.30 2/8/2002 0.30 3/25/2005 0.50 2/11/20021 0.40 3/28/2005 0.50 2/21 /2002 0.70 4/8/2005 1.00 3/4/2002 3.00 4/14/2005 1.50 3/12/2002 1.00 5/13/2005 3.00 3/14/2002 0.50 5/15/2005 1.50 3/27/2002 0.50 5/22/2005 3.00 411 /20021 1.00 5/25/2005 0.50 4121/20021 1.50 6111 /2005 1.00 5/5/2002 1.00 6/12/2005 0.50 5/13/2002 0.50 6/28/2005 2.00 5/19/2002 1.00 6/29/2005 4.00 6/1/2002 1.50 6/30/2005 1.50 6/7/2002 0.30 7/3/2005 1.00 6/15/2002 1.30 7/13/2005 0.50 6/23/2002 1.50 7/19/2005 0.50 6/27/2002 0.50 7/23/2005 1.00 6/28/2002 1.00 7/31/2005 1.00 7/6/2002 0.30 811 /2005 1.00 7/13/2002 1.50 8/9/2005 0.50 7/15/2002 1.30 9/14/2005 3.00 7/21/2002 0.30 9/30/2005 1.00 7/23/2002 0.10 10/7/2005 2.00 7/24/2002 0.40 10/8/2005 8.50 7/25/2002 0.10 10/9/2005 1.25 7/26/2002 1.00 10/22/2005 0.75 8/1/2002 0.40 10/24/2005 1.00 8/16/2002 0.50 10/25/2005 1.50 8/26/2002 1.30 10/28/2005 0.20 8/27/2002 0.20 11 /22/2005 1.25 8/29/2002 0.80 11 /28/2005 0.75 8/30/2002 2.40 11 /30/2005 0.30 8/31 /2002 1.10 12/5/2005 0.50 9/11/2002 1.50 12/6/2005 0.50 9/14/2002 0.40 12/18/2005 1.50 9/15/2002 0.30 12/27/2005 0.50 9/27/2002 0.10 12/29/2005 0.50 10/8/2002 1.00 55.40 10/12/2002 1.30 10/15/2002 0.30 10/30/2002 0.70 11 /712002 1.00 11/11/2002 0.70 11 /13/2002 1.30 11/17/2002 1.00 11/18/2002 0.80 11 /22/2002 0.20 12/5/2002 1.20 12/14/2002 1.00 12/26/2002 0.60 48.40 IVED 'i NOV z 1 LU0 l Chester R. Cobb Environmental Specialist DWQ Dear Chester. Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 (910) 296-0930 10 November 2005 Per our conversations, the following is our account of our recent waste spill. t'3133 `` On Friday, October 21, 2005, at approximately 1:30 pm, an air -vent pvc pipe was discovered to be leaking. This vent is in Track 4256, Field 3 on Weston Farms, Inc. The pumping system was immediately turned off and a check for waste run off began. Waste water was found to have entered a road ditch, so this area was dammed. Later that afternoon, at approximately 5:00 pm, officials with Murphy -Brown found that waste had entered an adjacent tributary. The farm owner, Danny Weston, contacted DWQ upon learning of this development. Tripe S came and pumped out the affected areas. Environmental Specialist Chester R. Cobb visited the site on Monday, October 24, 2005. Samples of waste in the lagoon and water samples from the affected area were taken to Vann Laboratories in Wallae, NC. Results from this waste analysis will be forwarded. The air -vent has been repaired. Also, a new lagoon pump has been purchased so there is now a pump for both lagoons. This should improve monitoring of risers and air -vents during spray times. Sincerely, Danny L. Weston President Weston Farms, Inc. cc: Gino Kennedy, Agriment Services Weston Fauns Subject: Weston Farms From: "Marcy & Danny Weston" <polarcub@ncfreedom.net> Date: Sat, 29 Oct 2005 10:24:00 -0400 To: <chester_cobb@ncmail.net>, <agrimentservices@yahoo.com> On Friday, October 21, 2005, at approximately 1:30pm, an air -vent pvc pipe was discovered to be leaking. This vent is in Track 4256, Field 3 on Weston Farms, Inc. The pumping system was immediately turned off and a check for waste run off began. Waste water was found to have entered a road ditch, so this area was dammed. Later that afternoon, at approximately 5:00pm, officials with Murphy -Brown found that waste had entered an adjacent tributary. The farm owner, Danny Weston, contacted DWQ upon hearing of this development. Triple S came and pumped out the affected areas. Environmental Specialist Chester R. Cobb visited the site on Monday, October 24, 2005. Samples of waste in the lagoon and water samples from the affected area were taken to Vann Laboratories in Wallace, NC. Results from this waste analysis will be forwarded. Sent via the WebMail system at ncfreedom.net 1 of 1 10/31/2005 10:18 AM i0u,IV-5- 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 I. Structure Namelldentifier (ID) small JDannyWeston Fac # 31-33 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 10.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 9.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 112896 ft2 e, line c/12 x line d x 7.48 gallons1W 633347 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 158246 ft3 h. current herd # 4800 certified herd #1 4800 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 dayslline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 818/2005 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) 158246 ft3 0 ft3 68425 ft3 282583 gallons 1.60 Ibs11000 gal. 1465.5 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 ELEVAYIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Danner Weston line m = 1465.5 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= 1465.5 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 (lbs.) column r x s u. application window' 4256 2 Small Grain 30.41 50.00 1520.5 Oct -Mar 4256. 3 Small Grain 2.45 50.00 122.5 Oct -Mar 4256 4 Small Grain 1.50 50.00 75.0 Oct -Mar 4257 2 Small Grain 1.24 50.00 62.0 Oct -Mar 4257 1 Small Grain 37.51 50.00 1875.5 Oct -Mar '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) = 3655.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (tine n from section II) = 1465.5 lb. PAN PoA (30 Day) 2/21/00 4.qk x. Crop's remaining PAN balance (line v from section III) = 3655.5 lb. PAN y. Overall PAN balance (w - x) _ -2190 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 receivinq facili ransfer of Waste has occurred from small lagoon to larger lagoon. The smaller lagoon is at 10 inches and the irger lagoon is at 19 inches as of 10/26/05. Pumping will occur to small grain as conditions permit to get smaller igoon under the structural freeboard and gain more freeboard in the larger lagoon. PoA (30 Day) 2/21100 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 10, 2005 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED Danny Weston P.O. Box 297 Kenansville, NC 28349 Re: Request for Information Sludge Survey Report Weston Farms, Inc. NCA231033 Duplin County Dear Danny Weston: Alan W_ Klimek, P.E. Director Division of Water Quality This letteris to notify you that the subject facility is in violation of its General Permit NCA231033 Condition 111.16. Your NPDES Permit Number NCA231033 Condition I1I.16 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does not warrant an annual survey. If the sludge accumulation is such that it is greater than the volume for which the lagoon was designed or reduces the minimum treatment volume to less than the volume for which the lagoon was designed, a plan must be submitted to the Division's Central Office within ninety (90) days of this determination which documents removal and waste utilization procedures to be used." Our records indicate that the Division has not received the sludge survey results for the year 2004 from your facility. The form was due March 1, 2005. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days to the following address: Aia" Carolina ,turally Aquifer Protection section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http:/lh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportunitylAffnnative Action Employer— 50% Recyded110% Post Consumer Paper Danny Weston Page 2 ' tilt 0/2i;5 Keith Larick 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) 715-6185 or the Wilmington Regional Office at (910) 395-3900. Sincerely, Keith Larick Animal Feeding Operations Unit cc: File 31-33 Wilmington Regional Office OF WArE9 0 � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Naturai Resources December 14, 2005 CERTIFIED MAIL # 7004 0750 0000 5300 4096 RETURN RECEIPT REQUESTED Mr. Danny L. Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Dear Mr. Weston: Alan W. Klimek, P.E. Director Division of Water Quality Subject: Notice of Violation and Recommendation for Enforcement Weston Farms, Inc. Facility Number: 31-33 Duplin County This is to notify you of violations to Swine Waste Management System General NPDES Permit NCA200000 issued on April 9, 2003 under Certificate of Coverage NCA231033. 1. Freeboard within structural level On Monday, October 24, 2005, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality received notification that the small lagoon was at ten and one-half (10.5) inches. Later on that Monday, Mr. Cobb inspected the farm and observed the lagoon to be around six (6) inches. This is in violation of Condition No. V. 3 of the NPDES Permit that states in part "The maximum waste level in lagoons/storage ponds shall not exceed that 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..." 2. Hydraulic overload While performing a follow up visit on October 27,2005, Mr. Cobb observed waste running off the sprayfield. Waste runoff was due to a broken hydrant and waste being applied to a wet field. Waste being applied to a wet field such that runoff occurs is a violation of Condition No. II. 20 of the NPDES Permit. Condition No. 11. 20 states, "Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at the time of land application." North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 29405 FAX (910) 350-2004 1-877-623-6748 An Equal Opportunity/Af€irmaNe Action Employer— 50% Recycled110% Post Consumer Paper NorthCarolina Aalurally U.S. Postal Service,,., CERTIFIED MAILTr., RECEIPT r (Domestic Mail Only; No lnsurpnce Coverage Provided) For delivery information visit our website at www.usps.comn r s- r W�1 U `J r r r PS Form 3800. June 2002 Sea Reverse for Instructions ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to, you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: f I %.P �/l CIZ /�LlJVrA �D. % 9,&�7'7 A. Slpzlure X WL�b� ❑ "�"t I ❑ Addressee , B. Received by (Punted Name) C. Date of Delivery I ).)-- -( 6 -0�1 D. Is delivery address ditlerent trorn ttem 1? ❑ Yes If YES, enter delfvery address below: ❑ No 3 Type Mall ❑ Express Mail ❑ Registered ❑ Return Race" for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? {Extra Fee) ❑ Yea Y 2. Article Number- (rraratcrfromservlceM 7004 0750 0000 5300 4096 1 PS Form 3811, Februarytow Darrestic Return Receipt 102595-o2-W1540 Mr. Weston Page 2'of 2 t� December 14, 2005 In response to these violations, this office must receive the following information by January 9, 2006: a. A written explanation of the violations. b. A written description of the actions taken to prevent the recurrence of these violations and the dates for the accomplishment of any proposed action. c. A copy of freeboard, rain, and irrigation records (IRR-2's) for 2005. 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 matter, please do not hesitate to call Mr. Chester Cobb at 910-796-7264. Yours ve tru , Ok& Charles F. ehman, Ph.D., P.G. Environmental Regional Supervisor II cc: Billy Houston, Duplin County Soil and Water Conservation District John College, DSWC-WiRO Geno Kennedy, Agriment Services Kraig Westerbeek, Murphy -Brown, LLC APS Central Files DWQ Wilmington Animal Files 31-33 S:IWQSIANIMALSIDUPLIN12005131-33 NOVRFE 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 MEMORANDUM TO: Paul Sherman, Unit Supervisor Animal Feeding Operations Permitting and Compliance Unit FROM: Chester Cobb, Environmental Specialist II'� Wilmington Regional Office THROUGH: Charles F. Stehman, Regional Environmental Supervisor it Wilmington Regional Office SUBJECT: Enforcement Report Danny Weston Weston Farms, Inc. Facility Number: 31-33 Duplin County DATE: ' June 5, 2006 Please find attached the subject enforcement report, which concludes that Danny Weston violated Condition No. V. 3. of NPDES Permit NCA200000 by failing to maintain the liquid level of the small lagoon out of the storm storage. A Notice of Violation and Recommendation for Enforcement (Case # NOV-2006-DV-0006) was issued on December 14, 2005 for the high freeboard. It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143- 215.6A(a)(2).. It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $248.61 pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). If you have any questions, please contact me at 910-796-7264. Attachments cc: Wilmington Regional Office (Entire Enforcement Package) S:IWQSIANIMALSIDUPLIN12006131-33131-33 Memo NoCarolina Nay`turally North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone (910) 796-7215 Customer Service Internet: www.newatcLquality.org Wilmington, NC 28405 Fax (910) 350-2004 1-877-623-6748 An Equal Opportun4fAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper Violator: Farm Name. Contact Person: Address: Facility #: Receiving Stream Classification: DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Mr. Danny Weston Weston Farms, Inc. Mr. Danny Weston P.O. Box 297 Kenansville, NC 28349 31-33 NA NA Regional Office: Wilmington Inspector: Chester Cobb Report Prepared By: Chester Cobb Case Narrative: On October 24, 2005, Mr. Chester Cobb from the Wilmington Regional Office received notification that the small lagoon was at ten and one-half (10.5) inches. Mr. Cobb inspected the farm later that day and observed the lagoon to be around six (6) inches. Also, the owner placed a call to the Environmental Emergency System notifying of a discharge on Friday, October 21, 2005. The Wilmington Regional Office did not learn of the discharge until the following Monday. The next day Mr. Cobb visited the farm again and noticed shooting up from a broken hydrant. Runoff had occurred from the application and the broken hydrant that led to significant ponding along field border. For further details, see inspection reports from October 24, 2005, October 27, 2005, and November 4, 2005. Farm and/or Company ompliance History: Include a copy -of CAFO Designation letters, previous NOV's, NOD's previous civil assessments, etc. March 31, 1997 Notice of Violation issued for no certified operator designated. April 13, 2000 Notice of Deficiency issued for self -reported high freeboards of fourteen (14) inches for both lagoons. August 23, 2001 Notice of Violation issued for hydraulic overapplication, lack of irrigation equipment, inadequate recordkeeping, excessive weeds on dike walls, Z-pipc leaking, and cover crop needing improvement. December 19, 2003 Notice of Deficiency issued for self -reported high freeboard. December 19, 2003 Notice of Violation issued for overapplication of PAN by 62 pounds. Amount of Waste Discharge (if applicable). If amount cannot be estimated,__ what is the rate of flow reaching surface water. NA. A discharge was reported during the prior weekend but, the Wilmington Regional Office did not learn of the discharge until the following Monday. ' Sample Results (If applicable) with locations of samples taken noted in relation to_ the dischargepoint: NA. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: The small lagoon was in structural till about November 3r . The owner has bought several more irrigation guns and a second pump. Fish kill observed? YIN If yes, include report from WRC: No fish kill observed at time of inspection. Mitigating Circumstances: Supplied records showed that it rained about twelve (12) inches within a three-day period. This placed the lagoon level within the storm storage. Then about two weeks the lagoon was in structural. Recommendation: The Wilmington Regional Office is recommending assessment of civil penalties to the Director of the Division of Water Quality pursuant to G.S. 143-215.6A. Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste flow if waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for Enforcement. If citing certified plan or permit condition violations, include copies ofpermit orplan. Assessment Factors required to be considered by G.S. 143B-282.1 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from violation: Unknown. 2. The duration and gravity of the violation: The freeboard level was within structural for about two weeks. 3. The effect on ground or surface water quantity or quality or on air quality: Unknown. 4. The cost of rectifying the damage: Unknown. 5. The amount of money saved by noncompliance: Unknown. 6. Whether the violation was committed willfully or intentionally: The writer does not believe that 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: Notice of Violation was issued on March 31, 1997 for no certified operator designated. Notice of Deficiency was issued on April 13, 2000 for self -reported high freeboards of fourteen (14) inches for both lagoons. Notice of Violation was issued on August 23, 2001 for hydraulic overapplication, lack of irrigation equipment, inadequate recordkeeping, excessive weeds on dike walls, Z-pipe leaking, and cover crop needing improvement. Notice of Deficiency was issued on December 19, 2003 for self -reported high freeboard. Notice of Violation was issued on December 19, 2003 for overapplication of PAN by 62 pounds. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $248.61, as follows: Staff, Cobb, 6 hours @ $18.31 /hour $109.86 Pictures 0 @ $0.33 each $ 0.00 Samples 0 Fecal @ $20.001sample $ 0.00 Samples 0 Nutrients @ $115.001sample $ 0.00 Mileage 125 miles @ $0.311mile $ 38.75 Administrative Costs $100.00 Total $ 248.61 STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF DANNY WESTON FOR VIOLATIONS OF SWINE WASTE NPDES PERMIT NCA200000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 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, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Danny Weston owns and operates the Weston Farms Inc. Farm, a swine animal operation located east of Kenansville, North Carolina on the east side of SR 1959 in Duplin County. B. Mr. Danny Weston was issued Certificate of Coverage NCA231033 under Swine Waste Management System General NPDES Permit NCA200000 for the Weston Farms Inc Farm on April 9, 2003, effective April 9, 2003, with an expiration date of April July 1, 2007 operation of a swine waste collection, treatment, storage and application system. C. Condition No. V. 3. of the NPDES Permit NCA200000 states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (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." D. Based on the 25-year, 24-hour storm event of seven (7.0) inches and one foot of required structural freeboard, the waste level in both lagoons for Weston Farms Inc Farm shall not exceed nineteen (19.0) inches. E. Condition No. 111. 11. e. of the NPDES Permit NCA200000 requires that the permittee shall 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 failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. F. On October 24, 2005, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality received a call from Mr. Weston reporting a freeboard level of ten and one half (10.5) inches for the small lagoon. G. The costs to the State of the enforcement procedures in this matter totaled $248.61. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Mr. Danny Weston is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 3. of the NPDES Permit. D. Mr. Danny Weston may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Danny Weston pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. 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, Danny Weston is hereby assessed a civil penalty of: L, for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ 9,4961 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.l(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality Weston Farms Inc. PO BOX 297 Kenansville, NC 28349 910-296-0930 12/17/05 Mr. Chester Cobb Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Cobb, This memo is to address the Notice of Violation Letter"that was sent to me on 12/14/05. My Farm (FN 31-33) had several deficiencies: 1 Freeboard within structural level 2 Hydraulic Over -Application U01 JAN The main reason the violation occurred was not enough pumping equipment. The farm had one lagoon pump for two large lagoons. The pump was being used on Lagoon #2 (the larger) in an attempt to lower the level as much as possible before moving it to the smaller lagoon. The pump was moved to the smaller lagoon on Friday, October 21, 2005. At that time, the smaller lagoon freeboard was approximately 13 inches. That afternoon, a pipe broke in the field, which stopped all pumping. That evening, it began to rain heavily throughout that weekend. This rainfall put the smaller lagoon in the red. DWQ was notified on Monday, October 24, 2005. Corrective Actions: 1. Triple S came out and pumped waste from the small lagoon to the larger one. 2. More irrigation guns and a 2nd lagoon pump have been purchased. 3. Hay has been cut and removed. 4. All fields have been aerated. 5. Currently examining better methods of irrigation. Hydraulic overload can be addressed by shortening pump events in areas where ponding is more likely (soil changes and lower arras). Spray Fields will be closely monitored to prohibit future ponding during application events. I hope this information will address the Notice of Violation(s) that were noted, If you have any questions please feel free to call. Kind Regards, Weston NOV `� 1 cuua Chester R. Cobb Environmental Specialist DWQ Dear Chester: Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 (910) 296-0930 10 November 2005 Per our conversations, the following is our account of our recent waste spill. On Friday, October 21, 2005, at approximately 1:30 pm, an air -vent pvc pipe was discovered to be leaking. This vent is in Track 4256, Field 3 on Weston Farms, Inc. The pumping system was immediately turned off and a check for waste run off began. Waste water was found to have entered a road ditch, so this area was dammed. Later that afternoon, at approximately 5:00 pm, officials with Murphy -Brown found that waste had entered an adjacent tributary. The farm owner, Danny Weston, contacted DWQ upon learning of this development. Tripe S. came and pumped out the affected areas. Environmental Specialist Chester R. Cobb visited the site on Monday, October 24, 2005. Samples of waste in the lagoon and water samples from the affected area were taken to Vann Laboratories in Wailae, NC. Results from this waste analysis will be forwarded. The air -vent has been repaired. Also, a new lagoon pump has been purchased so there is now a pump for both lagoons. This should improve monitoring of risers and air -vents during spray times. Sincerely, Danny L. Weston President Weston Farms, Inc. cc: Gino Kennedy, Agriment Services Alurphy-Brown uz Daily RainfalINVeekly Lagoon Level Record Farm:!i- 005 Atch January Freeboard Stwoural February rr.0 V pre—eboard , Swdural SUN MON TOES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check 1 7 2 3 5 2 31 Y 1G . 5 s 7 e 6 7� + e 9 10 11 12 9 10 11 12 13 14 15 13 14 15 to 17 ^ i -4111 16 17 18 19 21 22 W 20 21 22 23 xa ; 25 xa 120 . aY A . AD v 23 210 25 26 127 26 29 27 125 a o 30 3t March Freeboard Sw ctural April Freeboard swch,ral SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check 1 2 3 . 5 1 2 {!" 6 7 e 9 10 3 11 12 3 5 e 7 p 9 1 , 2 f ✓ v� pV) a` '15 13 1; 15 16 17 1e 19 i0 1' — 12 13 14 If 15 15 -a3 20 21 s 1-2 ZL 22 23 24 25 1 25 ✓rod 17 16 f ' 19,2 t9 20 21 22 - 23 - v I! _ l _] _" 2+ 2s 1 C21 26 27 2tl 29 ]0 1. �• 0i/ D May Freeboard Swctural June Freeboard Swc wal SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Gteck I 2 � 1J ] . 5 p 7 / ✓ D 1 2 3 A e 9 ` 70 11 12 13 t• s s- L 111, 7 0 9 10 11 1 15 JJ 16 17 11 19 20 21 11 13 I 1a 15 M 17 ie -jilt c�,aU `J 22 23 10V 24 25 26 27 19 20 21 22 23 21 25 V 128 J 0� .J - 29 30 31 26 27 p 29 30 1� 02/12/03 If daily rainfall totals 1 inch or greater, initial in box that lagoon integrity has been checked. INIurphy-Brown LL Daily Rainfall Weekly Lagoon Level Record Farm: r-cn fl 14 7006 July Freeboard StNdurai August reeboard Svuca,ral SUN MON TUES WED THUR FRI SAT Chest SUN MON TUES WED THUR FRI SAT11 Check 2 1 1 2 3 4 5 e i 3'yi a �I 5 e 7 e 4 7 a 9 ,o It n 13 10 11 1 4��L tz 13 f `� / a t5 1a / ss 1s t6 » is IQ xo i l i// 17 to i9 20 21 22 27 LI 21 22 ,) 23 24 25 26 27 24 25 IS 25 26 29 30 2a 29 W 31 � �y1Did 127 3, Li j� September Freeboard Swctural October Freeboard S,71,rsaal SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Cheri 1 2 3 1 a s - '74 6 7 e 9 10 2 31 - �! a s 1f 7 6 �Z J z v'4tY/j/ 11 t2 1 26 17 14 15 to s7 91 � 1Ul .. � 11 12 13 to is V [ / V v" to ,' A3 20 21 22 23 24 1s 17 1� to t9 20 21 22 / 25 26 J � � n . � �2a 129 130 � 23 z 1 + ; 2s � 26 127 126 � 29 ]. Ai- NovemberFreeboard Structwai December Freeboard swcoural SUN MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT Check 1 2 3 4 5 ` 1 2 3 �y / Y� i 5 71 %3, L/L a 9 10 11 12 yy 11'' • 4 s e/ 6 1/ 7 e 9 , 0 13 141 - 'A '� 15 16 17 16 19 11 12 13 11A 15 16 17 20 2k ` 22 1 3 21 25 26 10 {7 11 20 21 22 23 24 27 2e z9 00 2. xa 17 27 >; 21 29 1 �a 30 31 101� y q0 d " 1p �i f v/ If daily rainfall totals 1 inch or greater, initial in box that lagoon intenr:ty has hopn rhar44„4 02112103 W arF9QG 0 � Mr. Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Michael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources August 04, 2006 RE: Acknowledgment of Receipt of Payment Case No. PC-2006-0026 Weston Farms, Inc. Farm #31-33 Duplin County Dear Mr. Weston: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED AUG - 0 6 2006 This letter is to acknowledge receipt of your check No.7348 in the amount of $1,748.61 on August 04, 2006. This payment satisfies in full the civil assessment in the amount of $1,748.61 levied against Danny Weston and the case has been closed. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc: S-Wilmingfofirltegional=Gffice� File # PC-2006-0026 APS Central Files 1 Carolina WllPflAY Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Intemet:http!/lh2o.enr.stat;.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer — 500% Recycled/100/6 Post Consumer Paper Phone (919) 733-3221 Customer service Fax (919)715-0598 1-877-623-6748 Fax (919)715-6048 o�o� W A rE 1 JUL 17 2006 WILMINGTON REGIONAL i CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 1629 Mr. Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 29349 Michael F. Easley, Govemor William G. Ross Jr., Secretary Carolina Department of Environment and Natural Resources SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 31-33 Duplin County File No. PC-2006-0026 Permit No. NCA231033 Dear Mr.. Weston: Alan W. Klitnek, P.E. Director Division of Water Quality This letter transmits notice of a civil penalty assessed against Danny Weston in the amount of $1,748,61, which includes $248.61 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of. Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: httn:/4Qo.enr.statc.nc. 2728 Capital Boulevard Raleigh, NC 27604 lafii Carolina ura!!y Phone (919) 733-3221 Customer Service Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Danny Weston Page 2 July 7, 2006 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 remaining 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 Water Quality will review your evidence and inform you of his 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: Dennis G. Lund Division of Water Quality 1636 Mail Service Center Raleigh, NC 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) 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. Danny Weston Page 3 July 7, 2006 and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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 Dennis G. Lund at (919) 715-6185. Sincerely, leoldr'ree4(131Xsh,Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Charles F. Stehman, Wilmington APS Regional Supervisor w/ att_achments Chester Cobb, WRO w/ attachments File # PC-2006-0026 w/ attachments APS Central Files w/ attachments Susan Massengale w/ attachments STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF DUPLIN File No. PC-2006-0026 IN THE MATTER OF ) DANNY WESTON ) ) FOR VIOLATIONS OF SWINE WASTE ) FINDINGS AND DECISION NPDES PERMIT NCA200000 ) AND ASSESSMENT OF PURSUANT TO NORTH CAROLINA ) CIVIL PENALTIES GENERAL STATUE 143-215.1 ) 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, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Danny Weston owns and operates the Weston Farms Inc. farm, a swine animal operation located east of Kenansville, North Carolina on the east side'of SR 1959 in Duplin County. B. Mr. Danny Weston was issued a Certificate of Coverage NCA231033 under Swine Waste Management System General NPDES Permit NCA200000 for the Weston Farms Inc farm on April 9, 2003, effective April 9, 2003, with an expiration date of July 1, 2007 for the operation of a swine waste collection, treatment, storage and application system. C. Condition No. V. 3. of the NPDES Permit NCA200000 states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, the 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." D. Based on the 25-year, 24-hour storm event of seven (7.0) inches and one (1) foot of required structural freeboard, the waste level in both lagoons for Weston Farms Inc shall not exceed nineteen (19.0) inches. E. Condition No. IIi. 11. e. of the NPDES Permit NCA200000 requires that the permittee shall 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 failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. F. On October 24, 2005, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality received a call from Mr. Weston reporting a freeboard level of ten and one half (10.5) inches for the small lagoon. G. The costs to the State of the enforcement procedures in this matter totaled $248.61. Based upon the above Findings of Fact, I make the following- H. CONCLUSIONS OF LAW: A. Mr. Danny Weston is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 3. of the NPDES Permit. D. Mr. Danny Weston may be assessed civil penalties pursuant- to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Danny Weston pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. 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, Danny Weston is hereby assessed a civil penalty of: $ �SQ O_ D d for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ 74861 Enforcement costs $ f 7 yS', 6 � TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public . health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. 71vlo 6 (Date) ineoaore L.. ousn, jr., t,mei Aquifer Protection Section Division of Water Quality JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2006-0026 County: Duplin Assessed Party: Danny Weston Permit No. (if applicable): NCA231033 Amount Assessed: $1,748.61 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stinulation_of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. 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. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies -(attach additional pages as needed). T (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator_ promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the _violator had not been assessed civil_ penalties for py previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION attach additional pages as necess STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DUPLIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND DANNY WESTON } STIPULATION OF FACTS FILE NO. PC-2006-0026 Having been assessed civil penalties totaling - $1,748.61 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 7, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of .20 SIGNATURE ADDRESS TELEPHONE ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number 31-33 County Duviin Year too 3 Facility Name (as shown on Certificate of Coverage or Permit) Dannv Weston Operator in Charge for this Facility Dannv L. Weston Certification # 17325 Land application of animal waste as allowed by the above permit occurred during the past calendar year to YES ❑ 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. Pari I. Facility Information: 1. Total number of application Fields ® or Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): 5 Total Useable Acres approved in the CAWMP 73.76 2. Total number of Fields ® or Pulls ❑ (please check the appropriate box) on which land application occurred during the year: 5 Total Acres on which waste was applied 73.76 S. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 18294.64 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 26184.8 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off' site during the year N/A tons ❑ or gallons ❑ (please check the appropriate box) S. Annual average number of animals by type at this facility during the previous year: U, ay -7 7 3 March 1 Deadline does not allow for 12 annual average [ �'S r� /yy) 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest 9 1 Smallest_ _ l o 91 (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) 8. Facility's Integrator if applicable: Part II: Facility Status- Murvhv Browns LLC IF THE ANSWER TO ANY 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 was applied to the permitted sites during ® Yes ❑ No the past calendar year. V MAR 12 2004 AFACF 3-14-03 1 f ; •ice - • Q. 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. 3. 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 levels specified in this facility's CAWMP 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 ❑ Yes ❑ No was designed or reduce the lagoon's minimum treatment volume to less than the volume N/A 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 deviation, prior authorization was received from the Division of Water Quality. 13. 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 Imowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Dannv Weston (Owner) Permittee Name and Title (type or print) ,r 2/3/04 X Signature of Permittee Date Signature of Operator in Charge Date (if different from Permittee) AFACF 3-14-03 2 31--33 AG SERVICES INC. Seullc, KC.285f8 WASTE ' WNSMTANM Fax: (252) 568-2750 MR -MAR Mr. Chester Cobb Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 284o5 JAN' Subject: Notice of Violation 31-33 v.!y ►/_ sIr, Per your letter dated 12/ 19/03 in reference to the Danny Weston over -application violation. I would like to offer this explanation in hopes ofdeterring any civil penalty action against this farm for a typing error. Mir. Weston was using a computerized IRR-2 sheet that came from several years back when an addendum was created to allow for an extra 100 pounds of PAN, to compensate for the dilemma created by the hurricane several years ago. As a result, he was misguided as to how much time he could apply to this area For some reason, all the other extra pan sheets have been deleted from the system, but since this area had not been applied on a regular basis in years past, I guess it never got deleted. To update and show corrective actions this sheet has been deleted from the system to prevent further error in the future Please understand that the over -application occurred as a result ofhuman error and not as an intentional act to violate the permit If you have any further questions please give me a call. With Kind Regards, ���W /nnie G. Kennedy Jr. President of Operations Agriment Services, Inc. Visit us on the Internet at: www.AgdmentServices.com or email us at asiQcoastalnet.com VA)F vu A 7-F9 Michael F. Easley, Govemor _Ot pG William G. Ross Jr., Secretary 6 q North Carolina Department of Environment and Natural Resources Alan W. Klimek, R.E. Director 0 Division of Water Quality December 19, 2003 CERTIFIED MAIL # 7002 1000 0005 2390 1161 RETURN RECEIPT REQUESTED Mr. Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Subject: Notice of Violation Over Application of PAN Weston Farms, Inc. Facility # 31-33 Duplin County Dear Mr. Weston: This is to notify you of a violation to Swine Waste Management System General NPDES,Permit NCA200000 issued on April 9, 2003 under Certificate of Coverage NCA231033. While reviewing the information submitted in response to our letter dated April 15, 2003, the Wilmington Regional Office discovered an over application of plant available nitrogen (PAN) on Field T-4256 Hyd. #3 for the 2003 small grain crop. The PAN rate listed in the CAWMP on file at this office shows a 50 lb PAN / ac rate for small grain overseed on T-4256. From the records submitted, approximately 112 lb PAN / ac was applied to small grain on Field T-4256 Hyd. #3. This means that approximately 62 lb PAN / ac was applied in excess of the PAN rate listed in the CAWMP. The over application of PAN is a violation of Condition II.4 of NPDES Permit NCA200000 that states in part "In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop." A written response must be submitted to the Wilmington Regional Office, Division of Water Quality that includes an explanation of the violation and the actions taken or to be taken to prevent recurrence of the violation. Due to the holiday season, the response should be sent within 30 days of receipt of this Ietter. You may wish to contact your Service Company, 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. WNW NCDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 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 501/6 recycled / 10% post -consumer paper http://h2o.enr.state.nc.us `Notice of Volabon Danny Weston December 19, 2003 Page 2 r Be advised that the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to contact Mr. Chester Cobb at (910) 395-3900 ext. 226. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wilmington_Files.3.1=331� Non -Discharge Compliance and Enforcement Unit Central Files r-q ENZL=AZJUAJ= 70)rF m fL Postage Ln Certified Fee 1:1 O O Q Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee © (Endorsement Required) 4 Total postage & Fees fL Sent To Q A E3---------- April 15, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Danny Weston P.O. Box 297 Kenansville, NC 28349 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Weston Farms, Inc. #31-33 Duplin County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On March 4, 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 April 21, 1997. 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 Aw 1 M Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal OpportunitylAfiirrnative Action Employer 50% recycled l 101Y. post -consumer paper h ttpJlh2o. enr sta te. nc. us 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, 4�_ W //z - V V Alan W. Klimek, P.E. Director cc: Wilmington Regional Office Non -Discharge Compliance/Enforcement Unit Central Files O�0� W A7- �y Michael F. Easley, Governor William G. Ross Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources j Alan W. Klimek, P.E. Director 0 .0 Division of Water Quality December 19, 2003 Mr. Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Inadequate Freeboard Weston Farms, Inc. Facility # 31-33 Duplin County Dear Mr. Weston: Thank you for your submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. While reviewing the information submitted, the Wilmington Regional Office discovered an over application of plant available nitrogen (PAN) on T-4256 Hyd. #3 for the 2003 small grain crop. A Notice of Violation will be issued for the over application of PAN. As for the inadequate freeboard levels, the Wilmington Regional Office has determined that a Notice of Deficiency is appropriate and that no further enforcement actions will be taken by the Division. 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 Ievels 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. th NCDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 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 / Affirmative Action Employer 50% recycled 1 10% post -consumer paper hftp://h2o.enr.state.nc.us Inadequate Freeboard Danny Weston December 19, 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 Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wilmington-Fries3. _33 Non -Discharge Compliance and Enforcement Unit Central Files i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:- Inr A4 It� /a-� a �' A I J{� r ❑ Agent X � ❑ Add;9ssee � B. Rece' ed by (Printed Name) C. Date of Delivery —V_"-� ! D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address belovr. ❑ No i k 3. Service Type IN Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes I 2. Article Number 7002 1000 0005 2390 1161 {Transfer from service l�_., PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-40et k AGRIMENT SERVICES INC— PO BOX 1096 BEULAVILLE, NC 28518 (252)568-2648 tel 7/28/01 Mr. Dean Hunkele Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Hunkele, SFP n 4 2001 .� ------------- This memo is to address the 2001 annual inspection that was conducted for Danny Weston on 7/17/01 he had one facility (FN 31-33). Farm 31-413 had several deficiencies: 1. Hydraulic Over -Application 2. Lack of Irrigation Equipment 3. Excessive Weeds on Dike Walls 4. Waste System Requires Improvement S. Cover Crop Needs Improvement 6. Waste Record Keeping Item one can be addressed by shortening pump events in areas where ponding is more likely (soil changes and lower areas). Spray Fields will be closely monitored to prohibit future ponding during application events. Item two can be addressed by purchasing additional equipment or by maximizing the capacity of current system (ex. Using more guns system can run five most events only used one to four guns) and or purchasing or leasing other irrigation equipment as needed. In order to address item three, Mr. Weston has informed me he plans to mow with side -boy bushhog and follow with appropriate herbicide. Weather Permitting this item should be addressed in- a couple of weeks. Item 4 has been addressed, the leak was fixed. Item 5 will be addressed by applying more lime to maintain PH and more frequent cuttings with herbicide applications to promote Bermuda dominance. Troublesome areas will receive more attention in the future. Item 6 will be addressed by keeping a frequency chart of events to assure agronomic and hydraulic compliance and working with producer to come up with zones of application for site specific recording. i hope this information will address the Notice of Vitolation(s) that were noted, If you have any questions please feel free to call. With Kind Regards, Ronnie G. Kennedy Jr. Technical Specialist Agriment Services, Inc. Cc Danny Weston A/'47 Q� )N o ; E9 a � Q � August 23, 2001 Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL # 7000 2870 0000 1709,6861 RETURN RECEIPT REQUESTED Mr. Danny Weston Weston Farms_, Inc. P.O. Box 297 Kenansville, NC 28349 Subject: Notice of Violation Weston Farms, Inc. Facility Nurhber. 31-33 .Duplin County Gregory P. Thorpe, Ph.D. Acting Director Division of Water Quality Dear Mr. Weston: This is to notify'Mr. Danny Weston, who holds a non -discharge permit for an animal waste disposal system.pursuantto 15A'NCAC 2H .0200 and North Carolina G.S.143.215.1, of violations of Animal Waste Permit AWS 310033. On July-17, 2001,-Mr. Dean Hunkele from the .Wilmington Regional Office of the -Division of Water -Quality.inspected:your animal operation and the animal waste management system serving this operation. Thefollowing.violations were:noted during the inspection: 1. 'Hydraulic -Over -Application :During the inspection it;.was observed that.animal_waste was:ponded.along the field edge in two locations .near hydrant 1-.-at.the,6-House site. and:between:hydrants 37.and 44:atthe'&House site. Ponding was -also .observed -during ,the,''October2001) inspection.by DWQ. These conditions.are in,violation of,your General '•Permit:under,Part2..'Operation _&' Maintenance �Requirements;'Section 4. - -Application rates:.indicated in your certified animal waste :utilization :plan -are NRCS-:guidelines for -:the �maximum:application-rates for,the.dominant:soil-types;present.at.yourfacility.:However,,these:rates:are under optimum conditions and must be adjusted by the Operator -in -Charge for site specific conditions during .waste:application.Appropriate -actions must betaken to correct this -problem and prevent, future -instances. Specifically, yourinigation system should be calibrated as soon as possible: using the most common ring(s), 'nozzle(s), or-spray!heads:.yowutilize to determine,appropriate application.times. Wilmington Regional;Office P hone: 910-395-3900 '127 Cardinal Drive Extension Fax: 910350-2004 Wilmington,'NC 284053845 -U.S. Postal Service MAIL RECUPT �Domesfic Mad .nly- No lr�stirance Coverage Proi,ideii rq 14 .—Urmw 0^ Postage $ 5 —7 C3 ,,�.N G rot � Certified Fee �\ 1tEn O(Endorsement Return Receipt Fee Required) r "1`*n� (t �({� Restricted DeR ` goon E3 (Endo rsement u TafalPostage & Fees - co ru nt To 1 �... Q�t-- Box No. We t pfNa.• orTPO Hoar Mo. l o Clty r We, L 3 q -i PS form 3800, May 2000, SEND.ER; C.&APLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Wte of Delivery item 4 if Restricted Delivery is desired. .' 4-D I ■ Print your name and address on the reverse so that we can return the card to you. C. Si nature ■ Attach this card to the back of the mailpiece, X ❑ Agent I or on the front if space permits. [.� ❑Addressee D. is del ery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Far rns, T ti �j Pn 136Y- �'q 7 jT� n� n�V ►11,e AUC 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r {Transfer from service la * O bQ a�% Pc Form 3811, March 2001 Domestic Return Receipt + 102595-01-M-14241 29 Mr. Danny Weston August 23, 2001 Page 2 Field infiltration can be improved through aeration with a Hay King, DMI, "straight-discing" or other appropriate method. Aeration conducted between February and April will also help improve the bermuda cover crop by cutting sprigs priorto emergence and increase water, nutrient, and lime penetration to the root zone_ 2. Lack of Adequate Irrigation Equipment During the inspection it was observed that your facility appears to lack enough irrigation-equipment.to adequately meet your waste application needs for a facility of this size. Your facility utilizes a solid -set gun and sprinkler system, -but has only one pump which limits application from only one lagoon at a time. In -addition, the facility has only four Nelson 100 guns to primarily irrigate with in combination with a limited amount of sprinklers. This is a violation of your General Permit under Part.2. Operation &Maintenance Requirements; Section 13. This facility has struggled in recent years to maintain adequate freeboard in the waste lagoons. This is most likely caused by a combination of factors including the lack of equipment, an inadequate irrigation design, and poor field quality. The irrigation system should be re-evaluated and calibrated by a qualified irrigation specialist or Professional Engineer as was discussed in Item #1 with additional equipment purchased as is determined necessary. .Waste Application Record -Keeping Records submitted to.this office for review indicate that the current method for recording irrigation -activities at this facility is inadequate. because the amount•applied is not being calculated correctly and application rates can not be easily determined. The total volume applied is being over -reported and the volume applied -per.acre is -being grossly.under-reported. To correctihis situation, the system should be delineated into spray zones with like irrigation, heads, i.e. guns ,versussprinklers.'Records should be keptusing.these zoneswiththe associated acreage covered, -thus each zone:should be,comprised of the maximum number of sprinklers that can be operated at:one time•and per four-,gun<placements that the facility currently utilizes. rOnce again,.a system calibration and re-evaluation mill 1 help, determine, how these zones should .be. determined. •a. !ExcessiveWeeds on:Dike:Walls 'During Ahe'.inspectionit�was observed.that dike;walls on'both'lagoons had excessive -weed -growth. These ,arelin Violation ;af:the• Genera l'Permit.under=Part.2..Operation.&•Maintenance Requirements; Section,10. -'Excessive-weed growth;must'be controlled on inner and outerdike walls to.prevent shading andsubsequent death of;grassed -vegetation. 'it also aids, in detecting ,structural :problems such. as:erosion .and -rodent :or k -an ima1,burrows -,during -inspections by. animalinspectors orthe-facilityowner. More frequent mowing or ,occasional use°of_appropriate herbicides are needed'for.control. Mr. Danny Weston August 23, 2001 Page 3 S. Waste System Requires Improvement During the inspection it was observed that the Z-pipe on lagoon #i+1 at the 6-House site was leaking moderately. This must corrected as soon as possible under Part 2.Operation & Maintenance Requirements; Section 1 of the General Permit- 6. Cover Crop Needs Improvement During the inspection it was observed that some areas of your bermuda cover crop needed improvement by reducing competition from volunteer species. This is a violation of the General Permit under Part-2. Operation &'Maintenance Requirements; Section 2. The soil sample report from October 2000 indicated that 1-2 tonstac of lime is needed for most of the fields. If your crop has.areas of poor coverage, then waste application should be minimized in.these areas. It is recommended that a separate soil sample be taken from this area indicating a problem area on the paperwork for a -more thorough soil analysis to be completed to find possible source of a problem. -For all crops, especially grassed pastures or hay fields, soil pH must be maintained for the proper health of the crop and uptake of.nutrients from application. Lime must be applied according to the rateAndicated on _your annual -soil :analysis when the amount is equal to or greater -than 1.0 ton/acre. In no instance, should -more than 1.5 tons/acre.be applied during any year. It takes approximately 4-6 months for lime'.to work throughout -the root zone; thus lime should be applied at the appropriate time for it to be available to the next primary summer crop cycle. Grassed fields -must be harvested to avoid disease, control weed growth, and remove applied nutrients. tBermuda fields should be cut for hay at a height of 16-20 inches and soil pH maintained at 6-6.5. Herbicide may need to be appiled. periodically for controI of broadleaf weeds or vo lu nteer.grasses. Grassed fields may need :to -be re -sprigged or re -seeded periodically.in areas to maintain an adequate cover. 'To -correct -:these violations. _ please -submit a .detailed, .written 'Plan of :Corrective .Action .to .the Wilminpton:ReQional Office of the Division of.Water Quality.that describes the actions to betaken to -address -these violations -of,Animal �WastePermit AWS 310033. The,-proposedwritten,plan :of:action.m ust'be:received *-this office within fifteen .0 5)morking:days -iof.thesecelpt:of:this notice. '.Upon approval and:implementation of:the:plan, :you -must notify.this offcewhen Ahe�corrective actions -are complete. Contact your. Service Company, county'Soil` .Water -district office, -or -- - Mounty,extension office:for,any;assistance. they:may:be.able to provide. :Ifthe,violations are.not corrected, the:Division.of Water-Quaiity.may pursue.additional.avenues to achieve.compliance:including-civil.penatties, i injunctive relief, or,permit:revocation. Mr. Danny Weston August 23, 2001 Page 4 If you have any questions concerning this matter please do not hesitate to contact either Mr. Dean Hunkele or Mr. Stonewall Mathis, of our Wilmington Regional Office at (910) 395-3900 or Mr. Steve Lewis at (919) 733-5083, ext. 539. Sincerely, i✓V_ Rick Shiver Water Quality Regional Supervisor "By copy of this letter to'the Division of Soil and Water Conservation and your.local District Soil and Water°Conservation, DWQ .is :referring ,this facility for technical assistance." cc: Billy Houston, Duplin County Soil and Water Conservation Patrick Fussell, Division of Soil & Water -- WIRO Starr Maready,.Duplin County Cooperative'Extension Kraig Westerbeek,'Murphy-Brawn Geno Kennedy, Agriment Services, Inc. •DWQ'Non-Discharge Compliance/Enforcement Unit DWQ .Wilmington Animal Files 31-33 S:1WQM-iun&e10H0GS1N0D,"N0V, letters Sen02MI%31�M Weston NOV.wpd AGRIMENT SERVICES INC PO BOX 1096 BEULAVILLE, NC 28518 (252) 568-2648 tel 7/28/01 Mr. Dean Hunkele Division of Water Quality 127 Cardinal Drive Ext_ Wilmington, NC 28405 Dear Mr. Hunkele, Dann Weston Each interior sprinkler covers .59 acres per head Each exterior sprinker covers .676 acres per head At the design rate of 81 gpm the following breakdown should occur: IVIED �JL302001 BY: The max we found spray events for at his farm was 180 minutes conservatively we will assume the heads used were interior heads. 81 gpm X 180 minutes = 14,580 gallons = 14, 580 gallons/ 27,154 acre inch = .53 inches over an acre but we are not covering a full acre we are covering .59 acres. Therefore, 14,580 gallons / .59 acres = 24,711 gallons/ 27,154 acre inch = .91 inches per evert which is approaching the max per event but only .3 inches per hour. Danny did not violate the .5 in per hour 1 inch per event NRCS guideline; however, based on minor ponding and site specific conditions we should back down to at most 2 hours per event. This goes to shoe sometimes general guidelines do not agree with every site. The irr 2 forms have common event times (common events meaning the same number and type of guns used) combined but the max we found for each event was 180 minutes. I hope this information helps with your review. With Kind Regards, Ronnie G. Kennedy Jr. Technical Specialist Agriment Services, Inc. FORM IRR-2 Lagoon Liquid irrigation Fields Record T-4267 FIELD 12001 One Form for Each Field per Crop Cycle Tract # Field Size (acres) - (A) Farm Owner Owner's Address Owner's Phone # T-4257 I FieldtHyd# 1 37.51 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Facility Number 31-33 Irrigation Operator EKENANSMALLE. WESTON Irrigation Operator's 297 Address NC 28349 Operator s Phone # 0M From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (lblacre) _ (t3) 305 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Lagoon Code Ini ation Waste Analysis PAN" (lb11000 gal) PAN Applied Nitrogen (lb/acre) Balance" (8) x_(9) (iblacre) 1000 (8) - (10) Hours Remaining an Field Inches Per/Acre Remaining Date 2001 Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gal/min) Total Volume (gallons) (8) x (5) x (4) Volume per Acre (gallacre) (7)1(A) DWI 415-4111 1230 1 243 298890 7968.28 2.5 19.92 285.08 293.37 4.20 DWI 4111101 14001 16M 120 1 324 38M 1036,52 2,5 2.59 282.49 218.03 4.16 DWI 4117101 10501 1350 180 1 51 9180 244.73 2.5 0.61 281.88 1382.12 4.15 DW2 4120-4121 300 1 243 72900 1943.48 2.6 5.05 276.82 273.92 3.92 DW2 4123101 120 1 311 37320 994.93 2.8 2.59 274.24 212.03 3.88 DW2 4)23101 120 1 243 29160 777.39 2.0 2.02 272.22 269.36 3.86 DW2 4127101 120 1 324 1 38860 1036.52 2.5 2.59 269.62 208.10 3.97 DW2 4/28-4130 300 1 324 97200 2591.31 2.5 6.48 263.15 203,10 3.88 DW2 4130-511 .300 1 243 72900 1943.48 2.5 4.86 258.29 265.80 3.80 DW2 512-513 480f J 1 179 85igO 2290.59 2.5 5.73 252.56 352.83 3.72 DW2 514101 150 1 213 31950 851.77 2.5 2.13 250.43 294.01 3.69 DW2 5r9l01 120 1 294 35280 940.55 2.5 2.35 248,08 211.01 3.65 DW2 511015111 480 1 243 118640 3109.57 2.5 7.77 240.31 247.29 3.54 DW2 5123101 270 1 405 109350 2915.22 2.5 7.29 233.02 143,88 3.43 DW2 6120101 150 1 324 48600 1295.65 2.5 3.24 229.78 177.35 3.38 OW2 6120101 180 1 358 64440 1717.94 2.5 4.29 225.48 157.50 3.32 DW2 6121101 360 1 324 116640 3109.57 2.5 7.77 217.71 168.03 3.21 DW2 6122101 180 1 358 64440 1717.94 2.5 4.29 213.42 149.07 3.14 DW2 6122-7112 2910 1 324 942840 25135.70 2.5 62.84 150.58 116.22 2.22 DW2 DW2 DW2 DW2 Owner's Signature Certified Operator (Print) Totals 1 2311410 1 616267 154.42 Operators Signature Operators Certification Number NCDA Waste Anayisis or Equivalent or NRCS Estimate, Technical Guide Section 633, " Enter the value received by subtracting column (10) from (0). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Tract # Field Size (acres) _ (A) Farm Owner Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Reoord T-4266 FIELD 2 2001 One Form for Each Field per Crop Cycle T4256 I Field/Hyd # 2 30.41 DANNY WESTON P.O. BOX 297 KENANSVILLE, NC 28349 910 296-0884 Facility Number 31.33 InIgation Operator DANNY WESTON Irrigation Operator's P.O. BOX 297 Address KENANSVILLE, NC 28349 Operators Phone # 910 296-0864 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN Loading (Iblacre) a (B), - 305 (1) (2) (3) (4) (5) (a) (7) (8) (9) (10) (1 1) Lagoon Code Irrigation Waste Analysis PAN' (lb11000 gal) PAN Applied Nitrogen (lb/acre) Balance" (6) x (9) (lb/acre) 1000 (B) - (10) Hours Remaining on Field Inches Per/Acre Remaining Date 2001 Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7)1(A) DW2 4111-4117 510 1 243 123930 407S.30 2.8 10.60 294.40 236.17 4.17 OW2 4118101 120 1 311 37320 1227.23 2.6 3.19 291.21 182.53 4.12 DW2 4119/01 ISO 1 324 48600 1598.16 2.6 4.16 287.06 172.71 4.07 DW2 4130101 150 1 81 12150 399.54 2.5 1.00 286.06 715.97 4.21 DW2 511101 150 1 132 19800 851.10 2.5 1.63 284.43 436.85 4.19 DW2 512101 180 1 149 26820 881.95 2.5 2.20 282.23 384.01 4.16 DW2 513101 150 1 98 14700 483.39 2.5 1.21 281.02 581.34 4.14 DW2 513101 150 1 34 5100 167.71 2.5 0.42 280.60 1673.14 4.13 DW2 512443/19 990 1 324 320760 10547.85 2.5 26.37 254.23 159.08 3.75 DW2 6121-6122 360 1 85 30600 1008.25 2.5 2.52 251.71 600.38 3.71 DW2 8122J01 180 1 34 6120 201.25 2.5 0.50 251.21 1497.90 3.70 DW2 6/28-7110 990 1 324 320760 10547.85 2.5 26.37 224.84 140.69 3.31 DW2 7111101 120 1 358 42960 1412.69 2.5 3.53 221.31 125.33 3.26 Totals 1 1009620 33200.26 .j 83.69 Owner's Signature Operator's Signature Certified Operator (Print) Operator's CertIflcation 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. r�rT FORM IRRA Lagoon Liquid Irrigation Fields Record t r 2 a 2DU� For Recording Irrigation Events on Different Fields M 4Y� Aa A AAA�4 Farm Owner DANNY WESTON Facility Number 31 - 33 Irrigation Operator DANNY WESTON Tract # Field # Date (mm/dd/yr) Crop Type Field Size (acres) Irrigation Time Number of Sprinklers Operating Start Time End Time Total Minutes 6 HOUSE 3 . o a OD lye)a '/ 6 HOUSE 1� +' 1 3 0 3 eJ a 7 'fI 6 HOUSE n. a9 0 +` 03 0 7 6 HOUSE o,3 + of '' 100g2 3 3cr ej! 3,7 6HOUSE 441MF ar '' �oadF, /aaa.0 AR / d ms, y,s 6 HOUSE 100 33,oa IIA 6 1 Ms . 4.2 3 6 HOUSE 1A w / S'% s 6 HOUSE a ! s� 6 HOUSE /1 dog /5a P7 B HOUSE -dim ds'. 6 HOUSE 1 ov r 9 s' 6 HOUSE /!3a 2U a .614) 6 HOUSE kin J, 1i l5� 1 q 6 HOUSE r a 4916, IB Msl 03�.5 6 HOUSE r13 c �► ao 90 i )ms LIPL5 6 HOUSE r and .20 i a? m5 u. 3. q-. S 6 HOUSE oo a a a HOU o6 17 Y 6 HOUSE :Zoo d /ad .251 6 HOUSE `+ Ioo 3o o ;7 3 30, 3, 1,3 6 HOUSE 7 3 o c / 2 0 3 39 Oro 6 HOUSE r, 103og /30,o IVY 2.7 6 HOUSE 1 A oo 6 5 3a 33 6 HOUSE u70 5v 35. 6 HOUSE i Ms Q, 3 6 HOUSE a 1 3Ca ! Ms 4•3, `j 6 HOUSE as o3 a `Tdo I p iSc� 1 us i 6 HOUSE /06,0 336 ISc� JOSS r S 6 HOUSE rls G /c a q /Ac c p 3 1A 3 ) FORM IRR-1 Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner DANNY WESTON Facility Number 31 - _ 33 Irrigation Operator I DANNY WESTON Date dd Field Size Irrigation Time Number of •. • - • •KUM rA MA IS, jr ' rem .�.,".■�. i + .; 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 October 23. 2000 Mr. Danny Weston Weston Farms. Inc. P.O. Box 297 Kenansville, NC 28349 4 • #FAA NCDENR ENVIRONMENT AND NATURAL RESOURCES Subject: Certificate of Coverage AWS310033 and General Permit Weston Farms, Inc. Facility Number: 31-33 Duplin County Dear Mr. Weston: During my inspection of your facility on. October 20, 2000, I noted that you needed the newest Certificate of Coverage and General Permit for your facility. Please find enclosed copies of Certificate of Coverage AWS310033 for your facility and the General Permit. These should be kept with your records and should be readily available for inspection. If you have any questions concerning this matter, please do not hesitate to contact me at 910-395-3900 ext. 203. Sincerely, Stonewall Mathis Environmental Engineer enclosures cc: Geno Kennedy; Agriment Services Inc. MEW 127 North Cardinal Dr... Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50 io recycled/10% post -consumer paper State of North CarolinaIT - I" 1 Department of Environment and Natural Resources JUL0 2 1998 � � • Division of Water Quality Jaynes B. Hunt, Jr., Govemor Wayne McDevitt, Secretary --NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURA- RESOURCES June 26, 1998 Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Subject: Reissuance of Certificate of Coverage No.AWS310033 Weston Farms, Inc. Swine Waste Collection, Treatment, Storage and -Application System Duplin County Dear Danny Weston: The Division of Water Quality modified the Swine Waste Operation General Permit originaliv issued to this facility on April 21, 1997. In accordance with the issuance of the revised General Permit, we are forwarding this Certificate of Coverage (COC) to Danny Weston, 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 Weston Farms, Inc., located in Dupiin County, with an animal capacity of no greater than 11200 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, and shall hereby void COC No AWS310033 dated April 21, 1997. The COC shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition IIl.I regarding inspection frequency of the waste treatment, storage and collection system and Condition 1I1.6- regarding notification requirements for system failures, spills and emergencies. 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 NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An "Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310033 Weston Farms, Inc. Page 2 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 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 Sue Homewood at (919) 733-5083 ext. 502. Sincerely, for A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality.Section Duplin County Soil and Water Conservation District Permit File F• �. � Y N r NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CONMSSION DEPARTMENT' OF ENVIRONMENT AND NATURAL RESOURCES SV4''INE WASTE OPERATION GENERAL PERMIT This permit shall be effective from the date of issuance until April 30, 2DO3. - Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified conditions and limitations- L. PERFORMANCE STANDARDS The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces.and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. Facilities which are in compliance with their CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. The CAWMP is hereby incorporated by reference into this general permit. New or expanding farms are required to- be certified prior to the stocking of animals. The CAWMP.must be consistent with -all applicable statutes, rules and standards in effect at the time -of siting, design -and. certification of the facility. Any violation of the-CAWMP shall be considered a violation of this.general permit -and subject to enforcement. actions. A violation of the General Permit may result in the Permittee having .to -take immediate or long term corrective .action(s) ,as required Eby the Division of Water Quality. These actions may 'include modifying the CAWMP, ceasing land application -of waste, or removing. animals from the farm. 3. The facility may not be expanded above the capacity shown_ in the COC until a new COC reflecting the expansion has been issued. 4. A -copy ;of .this General .Permit, COC, certification 'forms, 'lessee :and landowner agreements, and the CAWMP.shall be readilyavailable at the farm (stored:at places such as -the :farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall .be kept in good condition and records shall be maintained in an orderly fashion. 5. For all new and expanding operations, .no collection or 'storage facilities may be constructed in a IDU-year flood plain. 6. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not removed or degraded as a result of the swine. The swine however may not be confined : within 100 feet of an adjacent stream or a seasonally -flooded area. The swine also must not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed to include crop rotation. II. OPERATION AND MAINTENANCE RE MREMENTS 1. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields. and buffers in accordance with the CAWNiP. No waste may be applied upon fields not included in the CAWMP. . 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. 4. Land application rates shall be -in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing .trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber -and food crops for direct human consumption that undergo further processing. 6. If manure or .sludges .are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not. apply to no -till fields, pasture, or.fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will .be permissible as long .as the system can accommodate =the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. PA 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the. surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the la000n/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept,mowed. 11. - - At the time -of sludge removal from a lagoon, the sludge must be -managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be -kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b).a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting_ permit condition U (4). F III. MONITORING AND REPORTING RE UIREN ENTS 1. An inspection of.the waste collection, treatment,'and storage structures and runoff control measures shall ;be conducted at a frequency to :insure proper operation but at least monthly -and ,after storm events. .For example, lagoons, storage ponds, .and other structures should be .inspected for evidence,of'erosion, leakage, damage by animals or discharge- Any major structural .repairs .(to:lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc:]. . 3 c 2. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be _ installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste .lagoon and storage pond levels shall 'be recorded weekly on forms supplied or approved by the DWQ. • For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level —at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the - - temporary liquid storage volume. - - - - - - - - - - 3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conductedannually on each application field receiving animal waste. The results of these tests shaIl 'be maintained on file by the Permince for a minimum of three years and shall be made available to the DWQ upon request. 4. An analysis of the animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: NitrogenZinc Phosphorous Copper ? 5 Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible form -for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readily available for inspection- 6. Regional Notification: The Permittee shall 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 any of the following events: a. :Failure of any component of the animal waste collection, treatment, storage and land .application system resulting in a discharge to surface waters. b. Any failure of.the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c_ A spill or discharge from a vehicle transporting animal waste or sludge to the land application field which results in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. 4 e e. Failure to maintain storage capacity in a lagoon storage greater than or equal to that required in Condition V (3) of this General Permit- f. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters. g_ Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after'normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This _report shall outline the actions taken or proposed to be taken -to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. INSPECTIONS Any duly -authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable and appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain -samples of the animal waste, groundwater, soil, plant -tissue, or surface water. V. GEINN7 R A L CONDITIONS 1. The issuance of a -COC under :this permit shall --not relieve the Permittee of the responsibility for damages to .surface waters or ground waters resulting from the animal operation. '2. The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal -waste. system. The animal waste management system shall be operated by the OIC or a person under the'OIC's supervision. 3. The maximum waste level in.lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, -maximum waste level .for .lagoons/storage ponds must not exceed the .level that provides adequate storage -to contain the 25-year, 24=hour storm event plus an additional 1 foot of structural freeboard. In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. 1n the case of lagoons/storage ponds in series that are gravity .fed, the 25-year, 24-hour storm event.andtor the heavy rainfall factor storage rcquirements for the system may be designed into the lowest lagoon/storage pond in the system. However, .adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level -from raising into the structural .freeboard while the storm water is draining into the lowest lagoon in the system. E r 4. Should the DWQ have good reason to believe that any activities -conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed • with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission or DENR authorized study or report, or other evidence showing that violations of State water duality standards or other applicable environmental .standards have occurred or may occur. 5. Failure to abide by -the conditions.and limitations contained in this permit, the facility's - -- --- - - -- - -- - - CAWMP and/or .any_COC _issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual non -discharge permit and/or the , modification of -the animal waste management system 6. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, -or ordinances (local, state, and federal). 7. If animal production ceases, the Permittee shall close the lagoons/storage ponds in accordance with Natural Resource Conservation Service (NRCS) lagoonlstorage pond closure standards or develop .and implement an animal waste management plan in accordance with NRCS standards. Closure shall also include notifying the DWQ and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ- Water Quality Section- Non -Discharge Branch within 15 days of completion of closure- 8. The annual -permit -fee shall be paid by the .Permittee within thirty (30) days,. after being billed by the Division. Failure 'ito pay .the fee accordingly constitutes grounds for revocation of.the COC granting coverage under this General Permit. 9. Failure of the Pennittee to maintain, in full force and effect, lessee and landowner agreements -which are required in the CAWMP, shall constitute grounds for revocation of the COC granting coverage,under this General Permit. 10. This permit allows for the distribution of manure up -to 4 cubic yards per visit to individuals.for personal use. 2 11. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50-feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ector . Division of Water Quality By Authority of the Environmental Management Commission Swine'Waste General Permit -Number AWG100000 7 State of North Carolina Department of Environment and Natural Resources s Wilmington Regional Office James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES Division of Water Quality April 13, 2000 CERTIFIED MAIL # P 328 829 389 RETURN RECEIPT REQUESTED Mr. Danny Weston Weston Farms, Inc. PO Box 297 Kenansville, NC 28349 Subject: Notice of Deficiency Weston Farms, Inc. Facility Number: 31-33 Du,plin County Dear Mr. Weston: This is to notify Mr. Danny Weston, who holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S. 143.215.1, of a deficiency of Animal Waste Permit AWS 310033. On February 4, 2000, it was reported by your facility that the freeboard level in your lagoons were not in compliance with a level of 14 inches in each. 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 910-350-2004 An Equal Opportunity Affirmative Action Employer _50"/�. recycled/101/o post -consumer paper Mr. Danny Weston 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 310033 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: Harold Jones, Duplin County Soil and Water Conservation Jimmy Vinson, Brown's of Carolina DWQ Non -Discharge Operations Branch File DWQ Wilmington Animal Files 31-33 S:1WQSIANIMALSIDUPLIN12000131-33 Weston NOD.wpd P5 Form 3800, June 1991 p Q'0 vm m m a m _y a m O e m n y D�n 3 p Q'a n ❑ e m nm mm Qa a E 'm SENDER: CtiMPLETE rHIS SECTION f■ Complete items 1, 2, and 3- Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. i 1. Article Addressed to: r� W. Danny Weston PO Box 297 Kenansville, NC 28349 i O --aC M C la r� 0 a m M O K C ru < y to 11J m m 'o iZ tD Ia. SECTIONCOMPLETE THIS ON A. Received by (Please Print Clearly) B- Date of Delivery 0 C. i n u ❑ Agent X (y ❑ Addressee D. 1s de ery ad different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No ICI 3. ,SFTV e EY-Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes befrom 2. MM3E P5 Form 3811, July 1999 Domestic Return Receipt 102595-99-M•1789 Information contained in this database is from non agency sources and is considered unconfirmed Farm Number Farm Name Owner Frist Name Owner Last Name Source Breached Depopulated Overflowed LQ Issue Perm issionToPump Inudated Flooded Pumping Equipment Comments Farm Emergena Call Form © — © Date [Weston Farms, Inc. Time anny Call Number e5 On p Reporting Q Compialn anny WesfonMeno Q Yes Q o Freeboard Level 1 Q Yes Q o Freeboard Level 2 O es Q O Freeboard Level 3 Q Yes Q o Freeboard Level 4 Q Yes Q No Freeboard Level 5 Q Yes Q o Freeboard Level 6 Q Yes Q o O Yes Q O 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 Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Dear Danny Weston: ffll�ew'j IT A&4 IV NCDENR NORTH CAROL-INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-33 Duplin 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, DRY1, DRY2, DRY3, SLUR1, 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, /C Kerr T. Stevens, Director Division of Water Quality CC' Wilmington Regional Office Duphn 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 Plan -Amendment to Include S&WCC Chronic Rainfall Practices and Standards through March 31, 2000 1. If this facility can comply with its existing permit and CAWMP it must do so. 2. Temporary Addition of New Sprayfiields (•) (Check appropriate boxes.) [] A ages of cropland List crop types used. B. acres of hardwood woodland @ i00 lbs PAN / acre added- C. acmes of pine woodland added @ 60 lbs PAN / acre added 3. Summer Perennial Grass (Check appropriate box) [] A. Application window extended for acres of perennial grass until first killing frost. [] B. An additional 50 Ibs of PAN applied to acres of perennial grass prior to killing frost. 4. PAN Application Increased for Small Grains & Winter Grasses to be harvested (Check appropriate box.) WPAN application increased up to 200 lbs per acre for acres of small grains or winter grasses to be harvested PAN application increased up to 150 lbs per acre for 73- (acres of overseeded summer perennial included in 3. B. 5. Wa Analysis (Check appropriate box.) []Prior to December 1', 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25 year 24 hour storm event. (Current waste analysis must be used after Dec. I' .) n B. Use current waste analysis to determine PAN. b. Re ui red - Maximum Nitrogen Utilization Measures for Small Grains and Winter Grasses. A Use of higher seeding rates, B. Timely harvest of forage to increase yield, and C. Irrigating during periods of warmer weather. 7. Required - Irrigation Management Techniques to Reduce Runoff and Ponding Potential. A Making frequent, light irrigation applications, and B. Not irrigating immediately before predicted rainfall. 8. The owner / manager is required to manage the movement of animals to and from the facility to minimize emironmental impacts, ensure compliance with the facility's permit and, amended CAWMP, and avoid discharge to surface waters. 9. Authorization to use the additional practices included in this amendment expires if a facility discharges to surface waters. Any discharge is a violation and may result in an enforcement action. 10. The owner / operator is required to keep records of all waste applications. 11. This recision must include a map or sketch of new land application areas. Facility Number 31 - 3 3 c/4r�a h4sZ - Facility Owner v ager Name. (PRINT) V� /," Z4L F cA ty Owner PManager Signature Date - /"? Z, /f% This document must be Bled at the SWCD office and be attached to the facilities CAWMP and be available for inspection at the facility. (*) New temporary sprayfields must m=t applicable buffer and setback requirements. Waste must not be applied to wetlands. sl-ss AGMMENT SERVICES INQ P.O. BOX 1096 BELILAVILLE, N.C. 28518 Tg OFFICE: (252) 568-2648 MOBILE (910) 28"394 DANNY WESTON'S WETTABLE ACRES 7 T-A')G'f • FIELD -1... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS -<37.51 ACRES IRRIGATED> • FIELD - 2 ... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS <1.24 ACRES IRRIGATED> • FIELD - 3... SINNIGER 7023 MINI SPRINKLERS,17 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS, FIELD NOT NEEDED FOR WASTE PLAN <.424 ACRES IRRIGATED> 2. T-4256 • FIELD -1... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS <2.15 ACRES IRRIGATED> • FIELD - 2... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS <30.41 ACRES IRRIGATED> • FIELD - 3 ... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS <2.45 ACRES IRRIGATED> • FIELD - 4... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS, FIELD NOT NEEDED FOR WASTE PLAN <i.5 ACRES IRRIGATED> 1TOTAL ACRES IRRIGATED = 73.76> ADDENDUM TO WASTE U77LIZ47IONPLAN: FACILITYATIAMER 3133 FARMNAMEr DANNY WESTON FARM OWNER NAME: DANNY WWTON DESIGN CAPACITY: 11200 FEEDER TO FINISH TRACT 4257 FIELD 3 (.424 WETTED ACREAGE) AND TRACT 4256 FIELD 4 (1.5 WETTED ACREAGE) MAY BE UTILIZED TO APPLY WASTE AT MR WESTONS' DISCRETION. THE APPLICATION WINDOWS FOR THE EXISTING PLAN SHOULD BE THE FOLLOWING AND INCLUDE THE ACREAGE NOT ACCOUNTED FOR IN THE TABLES OF THE WUP DATED 5/2/97 BY JOHNNY LANIER: BERMUDA MAR-OCT 305 LBS N PER/ACRE SMALL GRAIN SEPT-MAR 50 LBS N 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. MK WESTON PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 6/14/9 RONNIE G. KENNEDY JR. TECHNICAL SPECIALIST AGRIMF.NT SERVICES M- 1 1 1999 PO BOX 1096 JUN BEVLAVILLE, NC 28518 (252)568-2648 teUfax BY: 6/9/99 I -UT =I- VI%+I k11 - 1 1 Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Wrenn, This letter is to address annual inspection that was conducted for Danny Weston he had one . (31-33). facility was flagged for a wettable acre determination. After SWCD to gather pertinent information for wetted acre concerns, it was discovered that the current waste plan was written as a result of a irrigation design completed by irrigation specialist, Avery Jarman. The original plan and map is included for your review. The waste plan was written by Johnny Lanier and coincides with the wetted acreage maps provided by Avery Jarman. The acres in the plan are wettable or irrigatable as described by Mr. Lamers' map. The maps completed by Avery Jarman are on three different sheets and may be confusing as to location. We have duplicated his maps on one autocad drawing with parameter data to prevent confusion. We did make to small acre interpretations (based on original design) on Tract 4257 field 3 and Tract 4256 field 4 that Jarman did not include in his design; however, these acres are not needed to fulfill agronomic requirements of the farm. The wettable acres coincide with the waste plan and should meet minimum criteria to exempt this farm from its current wetted acre status. Please call if you have any questions. With Kind Regards, - '4 eo�ie G. OyJr. Technical Specialist Agriment Services, Inc. Cc Danny Weston .t •r DANW WESTON'S WETTABLE ACRES 1. T-4257 P.O. BOX low BEULAVILLF— N.C. 29518 OFFICE (252) 588-2648 MOBILE (910) 2804W FIELD -I ... NELSON 60 TAPER BORE NOZZLES, 8t GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS Q6.27 ACRES IRRIGATED> FIELD - 2 ... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60-PSI DISCHARGE PRESSURE AT GUNS <1.24 ACRES IRRIGATED> FIELD - 3... SMNIGER 7023 MINI SPRINKLERS,17 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS, FIELD NOT NEEDED FOR WASTE PLAN <.424 ACRES IRRIGATED> 2. T-4256 FIELD -I... NELSON .60 TAPER BORE NOZZLES, 81 GPM-AV,6*P W--- - DISCHARGE PRESSURE AT GUNS <2.15 ACRES IRRIGATED> FIELD -2... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 68 PSI DISCHARGE PRESSURE AT GUNS <30.41 ACRES IRRIGATED> • FIELD - 3 ... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE' PRESSURE AT GUNS -Z.45 ACRES IRRIGATED> FIELD - 4 ... NELSON .60 TAPER BORE NOZZLES, 81 GPM AT 60 PSI DISCHARGE PRESSURE AT GUNS, FIELD NOT NEEDED FOR WASTE PLAN <1.5 ACRES HMGATED> -'-MTAL ACRES IRRIGATED = 73.76> WOODS I-,W❑❑DS 6400 T❑PPS ffr�,►; r L 1 ! ? I.! 1.i I•II �; F2 F3 F.4 WOODS .• I I 4800 T❑PPS W LJu UZq) Pro,,) -re,o (c.o'E. (,rr0 41100 � Tod Ate �` ph— �r �{ w�eJ F4 Tor. 12ft) ..rV.1 m. rCs ,r.�d r u 1 IT. 1� L;++it G:;zctez vq2@. Nels��s i�SS w�'/,"NozL�t epr4S:Wfi Or (p� �S� BIG GUN° PERFORMANCE TABLES U.S. UNITS 100 SERIES BIG GUNS - 24' TRAJECTORY"T�TAPER BORE NOZZLES NouL No le Nozzle NouIs Nozzle Nozzle Noule Nozzle '+ozxla S' 'SS' .8 b5- .7' .75' A. 45' 3• 10' PSt_ GPM DIA. GPM blA GP DIA. GPM DLk GPM DIA. GPM DIA. GPM DIA. GPM OIAJ GPM DIA_ GPM DIA ��MHEWAMENRUI�4� ism 5 50 2n5 64 215' 74 _ 225' B7 235' 101) 245' 115 256' 130 ?65' 150 273 t85 2B0' 204 3 C 1— 70 1 • 60 Ta— 1 75 nW 88 '250'—' 103 263' LI20 275' 136 283' 155 295' 1 177 302' 1 197 310, 24 33E, t 90 1 56 245' 83 25B' 100 270' t17 203' 135 295' 155 306' 175 315' 2011- 1 ]26' 223 335' 274 362' 110 76 285' 1 92 278' 1 111 29W 1 129 303' 150 315' 1 171 324' 1 195 335' L 222 344• 1 247 355• 1 304 3E0' W+a.laWe only with F100 8 SR100. 100 R RING NOZZLES 100 DN DIFFUSER NOZZLES P$I •71 RING GPM DIA .77 RING GPM DIA .81 RING .BB RING .82 RING .93 RING .96 RING GPM DIA GPM DIA GPM DIA GPM DIA GPM DIA 0.5 DN GPM DIA 0.6 DN GPM DIA 0.7 DK GPM C,A 0.0 Dh ,PM DrA 40 1 66 208 78 212 91 215 103 224 118 235 134 238 52 242 45 154 6e t68 91 182 lie I, IN 1 110 245 1 5 260 141 270 164 275 260 60 1 01 235 1 96 240 110 2:0 t43 2'F 6D 94 255 11l 265 11 127 275 5 265 163 3D0 189 305 315 — i — — -- + — — 7(;G 705 270 121 280 142 296 162 306 182 320 212 325 236 335 -., r ne matweser or u wr is approxrmi my 39/ ress for the zr ualecmry angw ow use or 16-. 150 SERIES BIG GUNS — 240 TRAJECTORY" 0 T TAPER BORE NOZZLES Nozzle Nozzle Nozzle Nozzle - .7- Ill. 9' .1.0'� PSI GPM DIA. GPM , DtA. GPM DIA. GPM DIA. /1 63 1 110 265' $43 265' 182 305' 225 325' 6� 1 128 290' 1 165 31ty 210 ' 335' 1 260 - 355' 1 120 1 157 336' 150 R RING NOZZLE' Rihp I—P — S_I GPM � DIA. 6C 110 260' 2D4 350' 1 258 315, Nozzle Nozzle Nozzle 1.1' 1.2' $ .3' GPM DIA, GPM Du., GPM DIA. 375, 1 380 GPM Dlk " GPM1 = DIA. - I 'GPM- s DIA, - GPM1 DIA.', GPMR DrA. rl � 1 t2B 280'-- 1 7 1 120 1 157 _ 315, ^1 204 _ 335' I 25B 360' j 320 36W •'Trio diameter of throw is approximately 3% less for the 21" tiajecmry angle, 1 200 SERIES BIG GUNS - 27° TRAJECTORY" 200 T TAPER BORE NOZZLES fs 360' 360 38fi' 55 38W 425 400, 85 400' 465 420- 445 410, 1 500 440' 545 41W Am t. at GPM DIA u5 395' "Do 415' 545 435' Nozzle Nou1e Nozzle "Nozzle" Nozzle Nozzle11 1A' 15't8'.1.75' 1 9'P.5.1. GPM DIA. GPM DIA. GM DIA. GPM DIA. GPM DIA. GPM DIA. GPM DIA 70 270 360' 310 3B0' j1.2'0'L 395'0 jGPk 430' $55 450' 630 team 465' AW%jx.�—Kils 755 495' 890 Sty' f325 695515' 485" 50 3t0 390' 350 4t0' 425'5 465' 715 790 505' 535' 655 535` 945 565' 7p05 555' 1110 ' S30 11C I 3+0 410' 390 430' 445 45W 525 47(' 605 495' 13J 370 425' 425 445' 485 465' 565 485' M 515' •755. 540' 860 560' 1025 590- 1216 620' 200 R RING NOZZLES PS.I 1-W Ring'- (129' actual► GPM DIA. 1 3i' Ring - qA8' eclual GPM '' Cft 1 " Rng (1.66' actuaal1� GPM GIA. I U* Ring (1.74• actua)} GPM DIA, 1 U., Ring (tb3' actual). GPM DIA 2' Rio; � 1193' acu.all GPM DrA.63 250 .340' 330 370' W3185390' 445 410' 515 425' 585 440r5 455' ; �e21%= 60 I 370 380 400' 515 440' 590 455' 675 470' 805 4iJMIMI 01 1GQ1 325 390' 425 425' S75- 485' 660 - 480' 71vt 500. 900 520• wbi 1 12C 1 355 . 470' 465 445' 545 46W 630 485' 725 500' 825 520' 9B5 5,151 "T...e :aTetor al throw is approximately 2% loss nor the 24' trajeCWry angle, 5% Ion for the 21" trajectory angle. The BIG GUN* performance data has been obtained under ideal last Condilbns and may be adversely affected by wind, poor hydraulic entrance conddiors or omer la a,i Nelson Irrigation Corporation stakes no representation Iegarding droplet condition, uniformity, or applicalk•n rate. ANIMAL WASTE UTILIZATION PLAN Producer: Location: Telephone: Type Operation: Number of Animals: (Design Capacity) STORAGE STRUCTURE: APPLICATION METHOD: DANNY WESTON PO BOX 297 KENANSVILLE NC 28349 �j [�a+•1:I• � :: • � Existing Feeder to Finish Swine 11200.00 hogs Anaerobic Waste Treatment Lagoon 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 DEM regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. Page: 1 ANIMAL WASTE UTILIZATION PLAN. fi. 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. Acreage requirements should be based on the waste analysis report and volume of waste from your waste management 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, ft3, tons, etc.) 11200 hogs x 1.9 tons waste/hogs/year = 21280 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 11200 hogs x 2.3 lbs PAN/hogs/year 25760 lbs. PAN/year 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 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED -- - or ------ APPLY RESID. APPLIC METH N TIME 4257 Z NOB BH 6.1 305 0 37.51 11440.5 f I APR-SEP 4257 - 1-1 1 1SG 11 150 10 137.5111875.5 4257 2 NOB BH 6.1 0 378.2 I I 1305 11.24 APR-SEP 4257 SG 1 0 1-2 1 I 150 11.24 162 SEP-NOV 4256 1 NOA BH 6.1 0 655.75IAPR-SEP 1305 12.15, 6 SG 1 0 II 150 12.15 1107.5 SEP--NOV 4256 2 BH 6.1 0 INOA I 1305 130.4119275.05 APR-SEP 4256 �2 SG 1 0 30.41 1520.5 II 150 SEP-NOV 4256 BH 6.1 0 IS INOA I I 1305 12.45 1747'.25 APR-SEP 4256 SG 1 0 1-3 1 Ii 1 150 12.45 1122.5 SEP-NOV END I TOTAL126184.8 - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals fallow summer annuals. Page: 3 ANIMAL WASTE UTILIZATION PLAN NOTE: 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. Page: 4 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME END TOTAL10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), 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 to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will' definitely 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 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 mowed to a height of about two inches before drilling for best results. * * Acreage figures may exceed total acreage in fields due to overseeding. Page: 5 ANIMAL WASTE UTILIZATION PLAN lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. Page: 6 ANIMAL WASTE UTILIZATION PLAN The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT 50 50 BH SG HYBRID BERMUDAGRASS-HAY SMALL GRAIN OVERSEEDED TONS AC TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE _ACRES 73.76 LBS AW N USED 26184.8 0 0 73.76 261'84 . 8 * BALANCE. -424.8- *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. * * * This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to receive waste, 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 4144 pounds of plant available nitrogen per year in the sludge. if you remove the sludge every 5 years, you will have approximately 20720 Page: 7 ANIMAL WASTE UTILIZATION PLAN pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate.of 300 pounds of nitrogen per acre, you will need 69.0666666667 acres of land. If you apply the sludge to corn.at the rate of 125 pounds of nitrogen per acre, you will need 165.76 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25p depending on your sludge waste analysis, soil types, realistic yields, and application methods. 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 Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate (in/hr) Applic. Amount (inches) 4256 1 NOA BH .50 4256 2 NOA BH .50 *1.0 4256 3 NOA BH .50 *1.0 4256 '1 SG .5 *1 4256 -2 SG .5 *1 4256 "3 SG .5 *1 4257 1 NOB BH .50 *1.0 4255.7 2 NOB BH .50 *1.0 Page: 8 ANIMAL WASTE UTILIZATION PLAN 4257 -1 4257 "2 SG 1 .5 1 *1 SG .5 1 *1 * 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 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance_ should the volume of the waste be 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 responsibility 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 Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the f 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 rate prior to applying the waste. NARRATIVE OF OPERATION Page: 9 WASTE UTILIZATION PLAN r� REQUIRED SPECIFICATIONS 1 . Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the 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 operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste. may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking 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 soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. Page: 11 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential, property boundary and from any perennial stream or river (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 perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right- of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16-. Domestic and industrial waste from washdown facilities, showers, 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 disturbed areas (lagoon embankments, berms, pipe runs, 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 areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible 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 volume for waste storage ponds. Page: 12 WASTE UTILIZATION PLAN r^ REQUIRED SPECIFICATIONS 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis. records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of -in a manner that meets North Carolina regulations. Page: 13 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm:DANNY & MARCY WESTON FARM O wner/Manager Agreemen t I (we) understand and will follow and implement the specifications and the operation and maintenance proced.ures established in the approved animal waste utilization plan for the farm named -above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Environmental Management (NCDEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wasters of the state from a storm event less severe than the 25-year, 247hour storm. The approved 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 NCDEM upon request. Name of Facility Owner: DANNY WESTON (Please print) Signature: Date: Name of Manager(If different from owner): Signature: Date: S-a-?7 Name of Person Preparing Plan: (Pleaseprrnt)JOHNNY L. LANIER Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address (Agency): PO BOX 277 KENANSVILLE NC 28349 Signature: J Date: .5--2— 7 7 Page: 14 Revised April 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number 31 - 33 Farm Name: On -Site Represent tive: Ins pectorlReviewer's Name: Date of site visit: LS M Date of most recent WUP: 5 z 9 Annual farm PAN deficit: 2 -$ pounds J Operation is flagged fora wettable acre determination due to failure of Part 11 eligibility item(s) Fl F2 F3 F4 _��peration not required to secure WA determination at this t1= based on exemption E1 E2 E3 E4 Operation pended for wettable acre determination based on P1 P2 P3 R m s -circle - veler, 2. center pivot system; 3. linearmove system; kier s stem wlpermanent i . stationary sprinkler system w/portable pipe;ationary gun system wipermanent pip 7. stationary gun system wlportable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part II, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D)D3 irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part 111. (NOTE:75 % exemption cannot be applied to fames that fail the eligibility checklist in Part H. Complete eligibility checklist, Part 1.1- F1 F2 F3, before completing computational table in Part 111). PART 11. 7511/6 Rule _Eligibility Checklist and Documentation of WA Determination Requirements. WA Determination required because operation fails one of the eligibility requirements listed -below: _ F1 Lack .of-acreagewhichYesultedin-over-pplication:of-wastewater-_(PAN) on -spray field (s):accordingfalarm'slast-two-years mfirrigation3ecords.- F2 Unclear, -illegible, -or lack of information/map. F3 Obviousfeld -limitations -(numerous_ditches,#ailure#a-deductiequired bufferlsetback _acreage; -or.25% -of .total:acreageadentiffed_in"CAWMP_.-includes. small, -irregularly shaped fields = fields:less-than-5•acres-for_travelers-or.lessfhan 2 acresfor.stationary sprinklers). F4 WA determination required because CAWMP credits feld(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part 111. Revised April 20, 1999 Facility Number 31 . 35 Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD TYPE OF NUMBER',2 IRRIGATION SYSTEM TOTAL ACRES CAWMP FIELD COMMENTS3 ACRES % I I 1 I 1 I FIELD NUMBER' - hydrant, pull,aone, or'point numbers -may be used in place of field numbers deaending on CAWMP and type of irrigation system.- If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption; -otherwise operation will be subject to WA determination. FIELD NUMBER - must be clearly delineated -on -map. - COMMENTS' - back-up fields with CAWMP.acreage�exceeding 75% of its total acres and havinoreceived less than 50% of its annual PAN as documented in the#arm's previous -two years' (1997 & 1998) of irrigation -records; cannot serve as the sole basis -for requiring a WA Determination.-Back-upfields-must-be noted in the -comment section -and must be accessible by irrigation system. Part IV. Pending WA Determinations - P1 Plan-.lacks,.following-.information: P2 Plan revision may_satisfy75% rule based on adequate overall PAN deficit -and by adjusting -all field -acreage to below 75% use rate P3 Other (ielin process of installing new irrigation system): _ Rtviscd January 22, 199: JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number -Ti _ t/Operation is flagged for a wettable Farm Name:, acre determination due to fail of On -Site Representative: Part 11 eligibility item(s) F1 F2 F3 F4 Inspector/Reviewer's Name: %� t nh Date of site visit:_ Date of most recent WUP: 5' q? Operation not required to secure WA determination at this time based on exemption El E2 E3 E4 Annisaq-farin PAN deficit: --q?q_ pounds Irri - - ose traveler; 2. center -pivot system; 3. linear -move system; 4 tationa s rin er system Wpermanent pipe 5. stationary sprinkler system w/portable pipe; 6 n pi - .stationary gun system w/portable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D21D,, irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. - E4 75% rule exemption as verified in Part Ili. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibility checklist, Part 11- F1 F2 F3, before completing computational table in Part 111). PART If. 75% Rule Eligibility Checklist and Documentation of WA Determination Requirements. WA Determination required because operation fails one of the eligibility requirements listed below: F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray field(s) according to farm's last two years of irrigation records. V F2 Unclear, illegible, or lack of information/map. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields - fields less than 5 acres for travelers or less than 2 acres for stationary sprinklers). V F4 WA determination required because CAWMP credits field(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part 111. Rcvistd January 22, 1 Facility Number __ �t - 33 Part 111. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD NUMBEW-2 TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMP ACRES FIELD % COMMENTS' Z s4- cY,1 7— ' zq lvi' iMfA II 35,12- 1 i I I FIEL❑ NUMBER' - hvrirnnt. null_ zone_ or point numbers may be used in place of field numbers denendinn on (AWI,AP and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA determination. FIELD NUMBER' - must be clearly delineated on map. COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 50% of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible by irrigation system_ State of North Carolina �� Department of Environment 09 an ? FA and Natural Resources .--JUL 0 2 1998 • Division of Water Quality James B. Hunt, Jr., Governor BY-. - Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director -'NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 26, 1998 Danny Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Subject: Reissuance of Certificate of Coverage No.AWS310033 Weston Farms, Inc. Swine Waste Collection, Treatment, Storage and Application System Duplin County ' Dear Danny Weston: The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to this facility on April 21, 1997. In accordance with the issuance of the revised General Permit, we are forwarding this Certificate of Coverage (COC) to Danny Weston, 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 Weston Farms, Inc., located in Duplin County, with an animal capacity of no greater than 11200 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, and shall hereby void COC No AWS310033 dated April 21, 1997. The COC shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition I1I.1 regarding inspection frequency of the waste treatment, storage and collection system and Condition III.6 regarding notification requirements for system failures, spills and emergencies. 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 NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer_ 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310033 Weston Farms, Inc. Page 2 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 perinif -by- contacting the engineer listed below for information on this -process. Unless such a request -is -made -within 30 days, this COC shall be final and binding. The subject farm is located in the 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 Sue Homewood at (919) 733-5083 ext. 502. Sincerely, for A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all ec's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File State of North Carolina Department of Environment, .. WA Health and Natural Resources • Division of Water Quality TUICEYVE11) James B. Hunt, Jr., Governor Jonathan B.. Howes, Secretary- $ 1997 A. Preston Howard, Jr., P.E., Direct r APR U M Danny Weston Danny Weston Farm P.O. Box 297 Kenansville, NC 28349 Dear Mr. Weston: SUBJECT: Notice of Violation Designation of Operator in Charge Danny Weston Farm Facility Number 31--33 Duplin 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 Operator in Charge by January 1,1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at {919}733-0026. . Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Wilmington Regional Office Facility File Enclosure P.O. Box 29535. N19 �y' FAX 919-733-2496 Raleigh, Borth Carolina 27626-0535 �An Equal Opporkunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, ����� Health and Natural Resource Division of Water Quality MAR 1 U 1997 James B. Hunt, Jr., Governor ------------ Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 5, 1997 CERTIFIED MAIL RETURN RECEIPT REOUESTED Danny Weston Danny Weston Farm P.O. Box 297 Kenansville, NC 28349 Farm Number: 31-33 Dear Danny Weston: A09WAA r4io2i EDEHNF� 0r. I t"S Jeit 60 0 d d"-PS� You are hereby notified that Danny Weston Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has thirty (30) days to submit the attached application and all supporting documentation. In accordance with Chapter 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 thirty (30) 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 Permits and Engineering Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any question concerning this letter, please call Andy Oakley at (919) 733-5083 extension 533 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900 Sincerely, A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 100% post -consumer paper Ms. Riordan February 18, 1997 Page 2 March 4, 1997 Ms. Susan Riordan Dear Susan: As the Ropes Course Coordinator for Finley YMCA, I am excited to report on the progress that has been made since I started this position a year and a half ago. I have seen our Low Ropes/Group Initiative Course expand by two elements, our number of trained facilitators triple, the summer ropes program gain strength, and year-round programs reach YMCA groups, and groups throughout the community. I am encouraged by all of our progress, but I feel we have merely scratched the surface. Finley Challenge Adventure Course has great potential. I am anxious to move forward and I hope you will share my enthusiasm. When I first started working at Finley, I shared with Tony Sigmon my vision for the Ropes Course. At that time the: course had six low elements and one high element. Shortly thereafter, the one high element was taken down due to the construction of the stormwater collection basin. At that point, Tony and I decided to leave it down and focus more on further development of the low ropes initiative course. My vision for the Finley Course was to make it focus on group building. High elements often involve only one or two people at a time and the emphasis is on challenging the individual. During 1996, Finley YMCA contracted with Pat Ross (and his company - Building Bridges) to build two new low ropes elements for the YMCA and assist with training on these elements. We have used them, plus the six older elements extensively in the past year. Hurricane Fran damaged two of the older elements, but did not slow down our programming. In September 1996, Pat Ross gave Finley YMCA a proposal to build three high elements to add to our course. As you can read from his extensive proposal, his company would share the cost of building and training with the YMCA. I have worked with Pat in training staff and doing adult programs on high elements. I am pleased with his building skills and feel his philosophy in relation to Ropes Courses is compatible with the mission of the YMCA. I am asking you to help us expand the Finley Challenge Adventure Course by supporting the approval of building at least one, if not all three, of these exciting new high elements. I like the three elements Pat has selected because unlike most high elements, they involve all participants in a group building challenge. I have shared Pat's proposal with Pat King as it would relate to the Day Camp program and he is excited about it also. It would offer the older campers an additional challenge and give the Finley Branch a unique program that could be shared with the other Capital Area Day Camps. As you can see from the information I included with this letter, in the past year, the Finley Challenge Adventure Course was used by other YMCA groups such as the swim team and Track Attack and outside groups from schools, churches, and colleges (fraterniiies). These groups heard about the Finley course through word of mouth. For various reasons, we have not yet publicized the course. Pat mentioned in his proposal, the possibility of leasing our course to other groups approved by his company. I have no current plan for moving the Finley course into the corporate arena, but this would lie`a way we could create revenue from our course to finance course maintenance and staff training. Any questions regarding leasing can be answered by Pat -(his compan yt—i haliq&jxv pkfiqnce3�tlfjeasing other courses they have built). State of North Carolina Department of -Environ :i: Health and Natural Res Division of Water Quality APR James B. Hunt, Jr., Governo Y: Jonathan B. Howes, Secreta A. Preston Howard, Jr., P.E., Director April 11, 1997 MEMORANDUM I A ]KRA T4 IDEHNF=?L TO: Wilmington Regional Water Quality Supervisor FROM: Sue Homewood SUBJECT: Notification of Facility Number Change The following changes have been made to the Animal Operations Database. Please make appropriate changes in your files. Facility numbers 31733 and 31-85 have been combined into one facility (number 31-33). Facility number 31-85 was deleted from the animal operations database. If you have any comments or questions please feel free to call me at (919) 733-5083 ext 502. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor l_ Jonathan B. Howes, Secretary h A. Preston Howard, Jr., P.E., Director Danny L. Weston Weston Farms, Inc. P.O. Box 297 Kenansville, NC 28349 Dear Danny L. Weston: ECEI�D �, • g� APR E 3 i997 =3 FE F=1 April 21, 1997 Subject: Certificate of Coverage No. AWS310033 Weston Farms, Inc. Swine Waste Collection, Tmatrnent, Storage and Application System Duplin County In accordance with your application received on March 17, 1997, we are forwarding this Certificate of Coverage (COC) to Farm No. 31-33, authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with the State's General Permit (attached). This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Weston Farms, Inc. Farm with an animal capacity of no greater than 11,200 Feeder to Finish and the application to 87.27 acres of land. The facility shall be located in Duplin County with no discharge of wastes to the surface waters. The COC shall be effective from the date of issuance until December 31, 2001. 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 Certified Animal Waste Management Plan (CAWMP), and this COC. 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. In accordance with General Statue 143-215.10C, Animal Waste Management Plans shall include the following components: - A checklist of odor sources and best management practices to minimize these sources. - A checklist of insect sources and best management practices to minimize these sources. - Provisions set forth for acceptable methods of disposing of mortalities. - Provisions regarding emergency action plans. Your existing Certified Animal Waste Management Plan must include the above elements, by December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal of the amended certification statement shall be required upon renewal of your permit coverage in 2001. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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. 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 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 Mike Lewandowski at (919) 733-5093 ext. 362. Sincerely, VA. Preston Hoard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Facilities Assessment Unit Central Files � dr {.. •+`_ .. -='':ram.,- • -1 ,3a�sr � ��•.°�`':d,�"�;J�'�.:r�-.�P1iF��t Y "�} i%��a.�'�.�'����' �`. kC, ()Df� zov �— 3 Operator:Danny Weston County: Duplin Distance to nearest residence (other than owner): 1. AVERAGE LIVE WEIGHT (ALW) Date: 05/09/94 1800.0 feet .0 sows (farrow to finish) x 1417 lbs. 0 sows (farrow to feeder) x 522 lbs. - 6400 head (finishina only) x 135 lbs. _ 0 sows (farrow to wean) x 433 lbs. _ 0 heard (wean to feeder) x 30 lbs. - Describe other : Total Average Live Weight = 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON 0 lbs 0 lbs 864000 lbs 0 lbs 0 lbs 0 864000 lbs Volume = 864000 lbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)/lb. ALW = 1 CF/lb.. ALW Volume = 864000 cubic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 0. 0 cubic feet -Vo ,SGvc{e "- 4. TOTAL DESIGNED VOLUME Inside top length (feet) ----------------------- 550.0 Inside top width (feet)---------------------- 310.0 Top of dike elevation (feet) ------------------- 47.5 Bottom of lagoon elevation (feet) ------------- 37.5 Freeboard (feet)----------------------------- 1.0 Side slopes (inside lagoon)------------------- 3.0 : 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 544.0 304.0 9.0 AREA OF TOP LENGTH * WIDTH = 544.0 304.0 AREA OF BOTTOM LENGTH * WIDTH = 490.0 250.0 165376 (AREA OF TOP) 122500 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 517.0 277.0 572836 (AREA OF MIDSECTION * 4) CU. FT. _ (AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM) 165376.0 572836.0 122500.0 DEPTH/6 1.5 boa t vt5 0�D`� A - ..,"'• •�. ..art '• - ._ ._ i�''7 -. Total Designed Volume A} 7ilable - 1291068 CU.` -FT.I 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length * Width = 550.0 310.0 170500.0 square feet Buildings (roof and lot water) 0.0 square feet Describe this -area. TOTAL DA 170500.0 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 = 864000 lbs. ALW/135 lbs. ALW * 1.37 gal/day 180 days Volume = 1578240 gals. or 210994.7 cubic feet 5B. Volume of wash water r This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day * Volume = 0.0 cubic feet 180 days storage/7.48 gallons per CF 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days excess rainfall - 7.0 inches Volume 7.0 in * DA / 12 inches per foot Volume = 99458.3 cubic feet 5D. Volume of 25 year - 24 hour storm Volume = 7.5 inches / 12 inches per foot * DA Volume = 106562.5 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A_ 210995 cubic feet 5B. 0 cubic feet 5C_ 99458 cubic feet 5D. 106563 cubic feet TOTAL 417015 cubic feet 6. SUMMARY Temporary storage period____________________> 180 days Rainfall in excess of evaporation=====______> 7.0 inches 25 year - 24 hour rainfall__________________> 7.5 inches Freeboard______________________________=____> 1.0 feet Side slopes__________________________ ______> 3.0 . 1 Inside top length___________________________> 550.0 feet Inside top width=====_—________________ ___> 310.0 feet Top of dike elevation-==__________ ---------- _> 47.5 feet Bottom of lagoon elevation__________________> 37.5 feet Total required volume-----_=_______==___=_> 1281015 cu. ft. Actual design volume_____________ __________> 1291068 cu. ft. Seasonal high watertable elevation (SHWT)===> 42.0 feet Stop pumping 43.8 feet Must be > or = to the SHWT elev.===­ ---_ _> 42.0 feet Must be > or = to min. req. treatment el.=> 43.5 feet Required minimum treatment volume=====______> 864000 cu. ft. Volume at stop pumping elevation==== ======> 862862 cu. ft. Start pumping elev.= ------ 45.8 feet Must be at bottom of freeboard & 25 yr. rainfall Actual volume less 25 yr.- 24 hr. rainfall=--> 1184506 cu. ft. Volume at start pumping elevation=====______> 1176547 cu. ft. Required volume to be pumped=====_____= __-=> 310453 cu. ft. Actual volume planned to be pumped= =_----__> 313685 cu. ft. r I. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Non -Discharge Permit Application Form / Survey (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - 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. Application Date: 311z Z REQUIRED ITEMS CHECKLIST ; Please indicate that you have included the following required items by signing your initials in the space provided next to each*] f_, _ item. Applicants I iais- -. 1. One completed and signed original and one copy of the application for General Permit - Animal r Waste Operations; 2. Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is disposed; 3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, one must be completed prior to submittal of a general permit application for animal waste operations. II. GENERAL INFORMATION: 1. Farm's name: VVF_` roN MS N C 2. Print Land Owner's name: Danny Weston 3. Land Owner's Mailing address: P.O. aqx 297 _ City: Kenansville. NC_ Zip: 28349 Telephone Number: 29 4 or 0220 p h1 Dh) 4. County where farm is located: _Duplin 5. Farm 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): �" �q - 'Tuts cQ 1?r,"L, eh�Pta< ZAP 6. Print Farm Manager's name (if different from Land Owner): 9 N s f o�v m t-Ae K 7. Lessee's / Integrator's name (if applicable; please circle which type is listed): Brown's of Carolina FORM: AWO-G-E 2/26/97 Page 1 of 3 III. OPERATION INFORMATION: 1. Farm No.: 1-31 A d 31 — 8,5 2. Operation Description: $,wine operation 6400 - Certified Design Capacity ygoa - Ge..t • F; . LLs.'o. Is the above information correct? 0 yes; 0 no. If no, correct below using the design capacity of the facility Tyne of Swine No. of Animals T= of Poultry No. of Animals J5=ofC@jjlc Rio. of Animals 0 Wean to Feeder 0 Layer 0 Dairy P�'eeder to Finish �%� QQ0 Non -Layer 0 Beef 0 Farrow to Wean (# sow) 0 Turkey 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the fargi: n 00 No. of AnimalsL _ 3. Acreage cleared and available for application: _79.00 ; Required Acreage (as listed in the CAWMP): _ �' 7• % 4. Number of Lagoons: _,2_ ;Total Capacity: Cubic Feet (ft3) Number of Storage Ponds: Q ; Total Capacity: Cubic Feet (ft3) 5. Is animal waste being applied on any field which has subsurface drains? YES o NO (please circle one) 6. Are subsurface drains present in the vicinity of or under the lagoon? YES or NO (please circle one, --,— IV. APPLICANT'S CERTIFICATION: 1, _ __.. i�.NN-Y- _�"L WESUN T(Land Owner's name listed in question H.2), attest that this application for VV ES i ct l l-RRMS , N C . (Farm name listed in question II.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 to me as incomplete. Signature Date zz - V . MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Managers name listed in question I1.6), attest that this application for (Farm name listed in question 11.1) 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 PERMITS AND ENGINEERING UNIT POST OFFICE SOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: AWO-G-E 2/26/97 Page 2 of 3 �� �i�, f�y�•;i� w �t �'s.� "r' z-^�'�; 7� � 6 � �.����.��-p ii :S� � ,�r � SG� O,�id'x"�k" �� tea* is L'��C��,�,. .- .�.:� d . 4 � : _. � _ ._ � � ��:.. _ �� a�',��.t��e1i�•���� N WASTE UTILIZATION PLAN Page 1 DATE SEPTEMBER 28, 1996 � .Producer: DANNY WESTON Location: P.O. BOX 297 KENANSVILLE, NC 28349 Telephone: 910-296-0930 Type Operation: Feeder to Finish Swine Number of Animals: 11200 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface 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 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre- cautions, waste may be applied to land eroding at up to 10 tons per acre per year. 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 DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor`problems. 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 to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage require- ments should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. WASTE UTILIZATION PLAN Page-2 AMOUNT OF WASTE PRODUCED PER YEAR (GALLONS, FT3, TONS, ETC.) 11200 hogs x 1.9 tons waste/hags/year = 21280 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 11200 hogs x 2.3 PAN/hogs/year = 25760 lbs. PAN/year 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. TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP DETERMINING PHASE CODE YIELD LBS AW N PER AC COMM N ** PER ACRES AC * LBS AW USED APPLIC. TIME 4257 1 NOB BH 6.1 305 33.57 10238.85 4257 -1 lNOB _ _ SG 1 50 33.57 1678.5 4257 2 NOB BH 6.1 305 3 915 4257 `2 NOB SG 1 50 3 150 4256 1 NOA BH 6.1 305 33 10065 4256 -1 NOA SG 1 50 33 1650 4256 4 NOB BH 6.1 305 2.7 823.5 4256 -4 NOB SG 1 50 2.7 135 4256 2 NOB BH 6.1 305 15 4575 4256 _-2 NOB SG _ 6.1� _ 50 _ — 15^_ 750 Total 30980.85 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. WASTE UTILIZATION PLAN Page 3 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED 0 0 0 0 0 Total 0 Indicates that this field is being overseeded (i.e.'interplanted) or winter annuals follow summer annuals. ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: LBS N APPLY CROP CODE CROP UNITS PER UNIT MONTH BH HYBRID BERMUDAGRASS--HAY TONS 50 APR-SEPT C CORN BUSHELS 1.25 MAR-JUNE SG SMALL GRAIN OVERSEED AC 50 SEPT-NOV SA SUMMER ANNUALS AC 110 APR -MAY WA WINTER ANNUALS AC 100 SEPT-NOV BC HYBRID BERMUDAGRASS-CON GRAZED TONS 50 APR-SEPT BP HYBRID BERMUDAGRASS-PASTURE TONS 50 APR-SEPT FC TALL FESCUE -CON GRAZED TONS 50 SEPT-APR FH TALL FESCUE -HAY TONS 50 SEPT-APR FP TALL FESCUE -PASTURE TONS 50 SEPT-APR SB SOY BEANS BUSHELS 4 JUN-SEPT W WHEAT BUSHELS 2 FEB-MAR WASTE UTILIZATION PLAN TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED TABLE 1 134--9'4 17 ;L 7 30980.85 TABLE 2 0 0 TOTAL 17A:31 $7 - 30980.85 AMOUNT OF N PRODUCED 25760 *** BALANCE-5220.85 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables 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. Page 4 NOTE: 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 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge equipment, may be needed when you remove this sludge. See attached map showing the fields to be used for the utilization of waste water. 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. 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 waste being stored in your structure be within 1.7 feet of the top of the dike. WASTE UTILIZATION PLAN Page 5 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 Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid Call your Agriment Services representative for assistance in determining the amount of waste per acre and the proper application rate prior to beginning the application of your waste. NARRATIVE OF OPERATION: WASTE UTILIZATION PLAN Page-6 Plans and Specifications 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Local NRCS office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expetancy of the production facility. It is the responsibility of the owner of the facility to secure an updated Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen 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. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Standard 393-Filter Strips and Standard 390 Interim Riparian Forest Buffers). S. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infil- tration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall event, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered. -WASTE UTILIZATION PLAN Page 7 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up releassed nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See standard 393 - Filter Strips) 12. Animal waste shall.not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right -of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "techinal specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic.and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and and 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 areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. WASTE UTILIZATION PLAN NAME OF FARM: OWNER / MANAGER AGREEMENT Page 8 I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that an expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management (DEM) before the new animals are stocked. I (we) also understand that there be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25 year, 24 hour storm. The approved 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 DEM upon request. I (we) understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rate that.no runoff occurs. NAME OF FACILITY OWNER: DANNY WESTON SIGNATURE. DATE: y 9� NAME OF MANAGER (if different from owner): SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: RONNIE G. KENNEDY JR. AFFILIATION: Agriment Services Inc. P.O. Box 1096 u1a it N 2 8 SIGNATURE: DATE: �z2z OWE j"- . �ZDP .L`7== WASTE' HAIMam 3TT PLA21 CERTIFICATION FOR maw OR Z=A mlm LpFS u +t7U 0 1994 Please return the completed fora to the Division of Saviroamental U-nageznent at the address on the reverse Bide of this forma. WATER Name of f (Please print) : a-v;rt QUALITY Address: yqi r e?N /,�7�i(7C � ,Y" X BRANCH rnone No.: 7- 4 County: n Farm location: Latitude and Longitude:W S�3' -' ,t "/:� .4rjrequired) . Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, e c ): SG►�G �" Design capacity (number of animals): D Average size of operation (12 month population avg.}:_ 400 Average acreage needed for land application of waste (acres): /38 6V =aasaacaaaaaaaaaaaaaxaaaaaaaaxgaaaasassssaamtaa3ssacaaaaaa3aaaarsaaaaaaaaaaaaaaaaa Tschaical 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 newor 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 Environmental 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-hava-been 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 quantity and amount of land for waste utilization (or use of third party) ; access or ownership of proper waste application equipment; schedule for timing .of applications; application rates; loading rates; and the control.of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Name of Technicl Spacialiw (Please Print) 3;;MM,4 Affiliation: •r " Address (ASancv): a Phone Z ` Signature • ti � Date •�, �� � - - 72a3a aayaaa a �aaa9i aaaritaaa0,2 a= ta7iaasaa7i-2,0,m a�a�a3y�a�?fiaa43a3a7aa owner/l3aaaQ gra - _ I (we) understand the operation and maintenance 'procedures established" in the_ approved animal- waste management plan for the farm named above and will implement' these procedures. I (we) )maw that any additional expansion .to the existing design capacity_,of'the waste treatment and storage system or construction of.new facilities will require a new certification 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 manmade conveyance or through runoff from._a..storm,:event -less .severe than the 25-year, 24-hour storm.. _The approved=.plan.will :be 'filed -"at ;the -farm and at"the" office _cf 'the local -Soil - 'and' Water Conservation. District. - + �__7_-•-. - Name of iLa dryoaiaer. -(Please Print) Signature: Name of Xanager,. if different from owner (Please print): Signature:- - - - -Date:--- Note: A change in -land ownership requires notification 'or"a'new _Certification (if the approvedn= plan 'is ^..changed),:.; to be submitted . to the•': Division_ Environmental, -Maagement within..60 days -of a title transfer.- _ DEM USE ONLY : ACNEW#1l/ All DANNY WESTON - SITE I - (8) 800 HEAD FINISHING STATE ROAD # 1959 - DUPLIN COUNTY LA T'g. IAM fp KENANWLLE Lw low D WESTON a LIU& I an 2.0 Jj I t lq it= LUX DIRECTIONS': ' FROM KENANSVILLE TAKE HIGHWAY # 50 SOUTH, TURN. LEFT ON TO STATE ROAD # 1959 (WILL BE THE FIRST LEFT OUTSIDE OF- KENANSVILLE) FARM ENTRANCE WILL BE ON THE RIGHT APPROX: 4 MILES, JUST PAST THE SHARP CURVE. MAMING ADDRESS: SHIPPING ADDRESS: DANNY WESTON _ RT.'2 BOX'289' -"STATE`ROAD:_j'1959­ PINK HILL," -NC 28572 KENANSVILLE,--NC. 28349 HOME TELEPHONE:-,-'(919),298-4070 (TELEPHONE--# IS.,FOR LEO WESTON BROWN'S OF CAROLINA. INC. 303 EAST COLLEGE STREET P.O. BOX 487 WARSAW, N C 28398-0487 - OFFICE: (910)293-2181 FAX: (910)293-4726'. Pleaaa =rotes++= 2: a Name of f (Please MIN 09,994 q - ..-..U-. 4V4U y,w i t 94 Fa_-= location: Latitude and Longitude:' '�' "/ 7 ° 'ireqsired} . "A1so, please attach a copy of a county road asap with 1•ot =ion identified. Tfie of operation (swine, layer, dairy, e C ? • !u-wie es_gn capacity - animals) Average size of operation-(12 mcnthaopulation avg.) % Average acreage needed for land application of waste (acres): avazaaaaaaaaa7Ky�az:saaaaszaza=aaxazaasazaazaaaaaaaaaaaaaaaazaataaasa�zzaaaaaasazz TaC-SCal Spec As a tecinicz orth Carolina Soil and Water Conservation C zlLg_z,zL�LC�lLJ7445, I certify that the new or' axpa.: ded an.4-- tilled for the fa_^ » na ed above has an anima. A� its the design, construction. operation arc' Eications of the Division of Environmental '� .AA� nation Service and/or the North Carolina Soil; ursua.*zt to 15A NCG 2H_0217 and 15A NC AC 6t . ( �� ind their corresponding minimuia critezia-hau$ iated technical specialists and are included ,G(.e/ '-parations (buffers) ; liners or equivalent fa. Lste storage capacity; adequate. quantity and a (or use of third party) ; access or ownership pment; schedule for timing .of applications; ind the control of the discharge. of pollutants severe than the 25--year, 24-hour storm_ Na=e of Tec*„s- f S0 Affiliation: - Address (A '" % Phone No. Signature: Date: Zz- a==aasaaaasps z=azaz aaasaaaaaaaasaaa=a-aa-asaaaaA':=:2 aayaaaaaa:aaaaaz OFTL' Bi/2SanaQdr �s I (we) understand the operation and mainte_nance'procedures established in the approved animal waste management plan for the fora named above and will implement these procedures. I (we) know- that any additional expansion to the existing design capacity of the -waste t=eatme_^_t and storage s_vste-a or corst—uction of new facilities will require a new certification 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 ware-rs of the state either through a man-made conveyance or through r•.znoff from a storm event less severe than -the 2S-_year, 24-hour storm. The approved plan will be filed at the farm and ,at the office of the local Soil and Water.'Conservation -District.: Nam:- of Li-d Cwnar -(—Please Priht )": f>r/` W 61 Signature:_ - Date: Y Nassa of Manacaz, if different f:c= owner (Please print) : Signature: Date-. _ Mate. A. change in jand ;.ownership requires notification- or a new certification . {if the- approved -plan -is changed) to be submitted -to -the::Division of Environmental Management within 60 days of a title transfer. �J�j� j La DI USE ONLY: AC MEWO_ l � V w i F.