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310134_HISTORICAL_20171231
i� NORTH CAROLINA Department of Environmental Qual *A' WASTE UTILIZATION PLAN Page 1 DATE 05/16100 FN -A'-' 'A Producer: Richard Lanier Location: 860 Fountaintown road BEULAVILLE, NC 28518 Telephone: 910-298-42 37 Type Operation: FEEDER TO FINISH Number of Animals: 3672 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 fertidzer 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 DWO 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 C.'' :ter not more than 30 days priorto planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. APR q 6 'L009 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 21-1.02W adopted by the Environmental Management Commission_ RECEIVED I DENR / DWQ AQUIFFR-pPnTFrTION SFCTION MAR 31 7099 WASTE UTILIZATION PLAN Page 2 AMOUNT OF WASTE PRODUCED PER YEAR (GALLONS, FT3, TONS, ETC.) 3672 hogs x 3.8 tons waste/hogslyear = 13953.6 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3672 hogs x 4.6 PAN/hogs/year = 16891.2. lbs. PAN1year 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 PULLS SOIL TYPE & CLASS- CROP YIELD LBS residual "" " LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED APPLIC. TIME 6768 1 a,2a AuB BH 5.5 275 14.6 4015 \ 6768 1 a,2a AuB SG 1 50 14.6 730 v - y & 6768 1b,2b AuB BH 5.5 275 10.84 2981 ��. 676B -1 b,2b AuB SG 1 50 10.84 `0 f ti 542 6768 1b,2b LnA C 50 62.5 15 2.89 137.275 \ 6768 -1 b,2b LnA WA 1 100 2.89 289 6768 1b,2b LnA DSB 18 72 2.89 208.08 / 6768 3 AuB BH 5.5 275 2.12 583 N 6768 --3 AuB SG 1 50 2.12 106 v / 6769 4a,5a NoB BH 6.1 305 8.26 2519.3 6769 -4a,5a Nob SG 1 50 8.26 413 Total 12523.655 Indicates that this field is being over seeded (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 vnll 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 OWNED BY PRODUCER AND CONTINUED FROM TABLE 1 (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 '" ` LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED 6769 1 NoB BH 6.1 305 17.14 5227.7 . 7�� ,�A 6769 --1 NoB SG 1 50 17.14 857 Q 6769 4b, b NoB C 100 125 15 8.1 891 7b,8b 6769 �4b,5b NoB WA 1 100 8.1 B10 7b,8b 6769 4b,5b NoB DSB 38 152 8.1 1231.2 7b,8b 0 0 Total 9016.9 Indicates that this field is being over seeded (i.e. interplanted) or winter annuals follow sum mer annuals. "* Acreage figures may exceed total acreage in fields due to over seeding. " Ibs 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 BERMUDA GRASS -HAY TONS L 50 APR-SEPT C CORN BUSHELS 1.25 MAR-JUNE SG SMALL GRAIN OVER SEED AC 50 SEPT-MAR "SEE NCSU MEMO` SA SUMMER ANNUALS AC 110 APR -MAY WA WINTER ANNUALS AC 100 SEPT-APR BC HYBRID BERMUDA GRASS -CON GRAZED TONS 50 APR-SEPT BP HYBRID BERMUDA GRASS -PASTURE TONS 50 APR-SEPT FC TALL FESCUE -COIN 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 DSB DOUBLE CROP SOY BEANS BUSHELS 4 JUN-SEPT CO COTTON TONS 0.1 MAY-JUN W WHEAT BUSHELS 2 OCT-MAR WASTE UTILIZATION PLAN Page 4 TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED TABLE 1 20.8 12523.655 TABLE 2 16.67 9016.9 TOTAL 37A7 21540.555 AMOUNT OF N PRODUCED 16891.2 *" BALANCE-4649.355 ' 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 fikely will be, more than the acres shown in the tables. 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 3 , . 1.y 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, maybe 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 atthe 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 _4.� 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 it is the responsibility of the producer and irrigation desigr signer 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: SEE ATTACHMENT WASTE UTILIZATION PLAN 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 Water Quality 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 property dispose of waste. If the producer does not own adequate land to property 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 expectancy 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 fitter 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). 5. 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 off -site 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. 6. 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 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. Page 6 WASTE UTILIZATION PLAN Page 7 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on sails 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 shag 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 maybe 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, drainage ways, 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 "technical 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 wash down 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 PLATY Page B 21. 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. 22. 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. 23. Waste shall be tested within sixty 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 and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three years. Waste application records for all other waste shall be maintained for five years. 24. Dead animals will be disposed of in a manner that meets North Carolina State regulations or other States' regulations. WASTE UTILIZATION PLAN Rage 9 NAME OF FARM: OWNER I 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 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 Water Quality (DWQ) 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 DWQ 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: Richard Lanier SIGNATURE: _ `Zh DATE: NAME OF MANAGER (if different from owner): SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: RONNIE G. KENNEDY JR. AFFILIATION: AGRIMENT SERVICES, INC. PO Box 1096 Beulavii 1 SIGNATURE: DATE. REVISED ADDENDUM TO WASTE UTILIZATION PLAN.• FACILITY NUMBER 31-134 FARM NAME: RICHARD LANIER FARM OWNER NAME. RICHARD LANIER DESIGN CAPACITY.- 3672 FEEDER TO FINISH THIS PLAN IS A REVISION OF THE 4115196 PLAN COMPLETED BY BOYCE BOYETTE. THIS PLAN DEPICTS THE WETTABLE ACRES ON THE FARM AND DISPLAYS THE SAME IN THE CALCULATION TABLES. THIS WASTE PLAN REPRESENTS A COMPLETE TWO-YEAR ROTATION OF THE CROPLAND AND HAYLAND. THE PAN HAS BEEN DOUBLED TO REPRESENT PAN ACCUMALATION FOR TWO -YEARS. THE ACREAGES OF THE HAYLAND WITH SMALL GRAIN OVERSEED HAVE BEEN DOUBLED IN THIS PLAN TO TAKE UP THE NUTRIENTS FOR A TWO-YEAR PERIOD, BECAUSE THESE CROPS DO NOT CHANGE IN TWO YEARS. THE CROPLAND REPRESENTS THE USE OF A CORN/WINTER ANNUAL/SOYBEAN ROTATION. THE ACTUAL ACREAGES ARE USED FOR THE CROPLAND, BECAUSE THE CROPS CHANGE EVERY OTHER YEAR. ACREAGES MAY BE CONFUSING BY SEEING DOUBLE THE ACREAGES FOR THE TWO-YEAR ROTATION REVERT TO MAP FOR ACTUAL ACRES USED. THE CROPLAND FIELDS IN THIS PLAN ARE NOT NEEDED TO FULFILL. THE AGRONOMIC REQUIREMENTS OF THIS FARM. THEY ARE INCLUDED IN THE TABLES OF THE WASTE PLAN AS CORN/WA/SB ROTATION; HOWEVER, MR. LANIER HAS FLEXIBILITY TO PLANT ANY CROP HE SO DESIRES AND MAY APPLY CROPS OTHER THAN CORN, WINTER ANNUALS OR SOYBEANS AS LONG AS A PAN RATE IS SPECIFIED BY TECH SPEC AND NO APPLICATION TO CROPS THAT DO NOT HAVE REALISTIC YIELDS OTHER THAN PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR LANIER PLANS TO APPLY HIS WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 51I6/00 i0.NIE G. KE Y JR. TECHNICAL SPECIALIST .; Operator: Richard Lanier County: Duplin i Distance to nearest residence (other than owner): 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) 0 sows (farrow to feeder) 3672 head (finishing only) 0 sows (farrow to wean) 0 head (wean to feeder) Describe other : ,3 Date: 01 /03/2006 0 feet x 1417 tbs. - 0 x 522 tbs. = 0 x 135 tbs. - 495720 x 433 tbs. = 0 x 30 tbs. = 0 0 Total Average Live Weight = 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON 495720 Volume = 495720 tbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)Ilb. ALW = 1 CFllb. ALW Volume = 495720 cubic ft (includes 0 cu. ft. add. treat. vol.) 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 0 cubic feet 4. TOTAL DESIGNED VOLUME Inside top length (feet) 340.0 Inside top width (feet) 298.8 Top of dike elevation (feet)- 51.5 Bottom of lagoon elevation (feet) 39.5 Freeboard (feet) 1.0 Side slopes (inside lagoon)--- 3.0 : 1 Total design volume using prismoidal formula SSIEND1 SSIEND2 SSISIDE1 SSISIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 334.0 292.8 11.0 AREA OF TOP LENGTH' WIDTH = 334.0 292.8 AREA OF BOTTOM LENGTH * WIDTH = 268.0 226.8 AREA OF MIDSECTION LENGTH *WIDTH * 4 301.0 259.8 97795 (AREA OF TOP) 60782 (AREA OF BOTTOM) 312799 (AREA OF MIDSECTION * 4) CU. FT. = [AREA TOP + (4"AREA MIDSECTION) + AREA BOTTOM] * DEPTHI6 97795 312799 60782 Total Designed Volume Available = 864191 5. TEMPORARY STORAGE REQUIRED (3t-13*) 51 1 W DRAINAGE AREA: Lagoon (top of dike) ( Length *Width) + Surface area of connecting waste facility 340.0 298.8 0.0 101592.0 square feet Buildings (roof and lot water) or impervious area 0.0 square feet TOTAL DA 101592.0 square feet Describe this area. Design temporary storage period to be riod to b e 180 days. 5A. Volume of waste produced Feces & urine production in gal./day per 135 lb. ALW 1.37 Volume = 495720 Ibs. ALW/135 Ibs. ALW * 1.37 gallday 180 Volume = 905515 gals. or 121058.2 cubic feet 5B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day ' 180 days storage17.48 gallons Volume = 0.0 cubic feet 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days evaporation - 0.0 Inches 180 days rainfall = 7.0 inches Volume = 7.0 in * DA 112 in. per ft. = 59262 cubic feet run Volume = 0.0 in * lagoon DA112 in.lft = 0 cubic feet evi Volume = 59262 cubic feet (31-t 3YJ 5D. Volume of 25 year - 24 hour storm Volume = 7.5 inches / 12 inches per foot * DA Volume = 63495 cubic feet 5E. Additional volume as follows: TOTAL REQUIRED TEMPORARY STORAGE 5A. 121058 cubic feet 51B. 0 cubic feet 5C. 59262 cubic feet 51). 63495 cubic feet 5E. 0 cubic feet TOTAL 243815 cubic feet 6. SUMMARY Temporary storage period===== --====-========> 180 days Rainfall during wettest period of storage===> 7.0 inches Evaporation during storage period===========> 0.0 inches 25 year - 24 hour rainfall==================> 7.5 inches Freeboard================================= => 1.0 feet Side 3.0 : 1 Inside top length___________________________> 340.0 feet Inside top width =__-__= _=__=__==---__-____> 298.8 feet Top of dike elevation==========Y============> 51.5 feet Bottom of lagoon elevation====== __ __==_===> 39.5 feet Total required volume========w => 739535 cu. ft. Actual design volume================ ===--==> 864191 cu. ft. Seasonal high watertable elevation (SHWT)===> 0.0 feet Stop pumping 46.5 feet Must be > or = to the SHWT elev.==========> 0.0 feet Must be > or = to min. req. treatment el.=> 45.5 feet Required minimum treatment volume===========> 495720 cu. ft. Volume at stop pumping elevation= ==========> 502328 cu. ft. Start pumping elev._______________________> 49.5 feet Must be at bottom of freeboard & 25 yr. rainfall Actual volume less 25 yr: 24 hr. rainfall==> 800696 cu. ft. Volume at start pumping elevation=-----======> 768264 cu. ft_ Required volume to be pumped================> 180320 cu. ft. Actual volume planned to be pumped======= :==> 265936 cu. ft. Min. thickness of soil liner when required=> 1.8 feet 7. DESIGNED BY: APPROVED BY: DATE: DATE: NOTE: SEE ATTACHED WASTE UTILIZATION PLAN COMMENTS: L�..,.f ...,.,. r�t•'� by e6� L PLAN OF.ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I Richard Lanier FN: 31-134 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e, line ell x line d x 7.48 gallons/W 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design 17.0 inches 19.0 inches 2.0 inches 97795 ft' 121918 gallons 18701 days 121058.2 ft' h. current herd # 3672 certified herd #1 3672 actual waste produced = current herd # x line g = 121058 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 6/28/2006 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) 0 ft3 59262 ft3, 224799 gallons 1 .901 Ibs/1000 gal. 658.8 lbs. PAN PoA (30 Day) 2/21/00 9/14/2006 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: Richard Lanier line m = 658.8 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 = 658.8 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. • • • • • -RMTjM7yM;TEa 2 PAN balance t. To-rk PAN BALANCE FOR columnrxs u, , • ■ r '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) = 730.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 658.8 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 730.0 lb. PAN y. Overall PAN balance (w - x) _ -71 lb. PAN PoA (30 Day) 2121/00 9/14/2006 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 PoA (30 Day) 2/21/00 " 9/14/2006 F \N A �O 9p Michael F. Easley, Governor t!i William G. Ross Jr., Secretary rSEp r g North Carolina Department of Environment and Natural Resources �[ 4 Q Alan W. Klimek, P.E. Director Division of Water Quality September 1, 2006 MR. RICHARD LANIER RICHARD LANIER HOG FARM 860 FOUNTAINTOWN ROAD BEULAVILLE, NC 28518 Subject: Phosphorus Loss Assessment Tool Richard Lanier Hog Farm Permit Number NCA231134 Duplin County Dear Mr. Lanier: The Division's records show that a completed PLAT Form has NOT been submitted for this facility. An extension from the due date of July 8, 2005 was requested and ample time has been allowed for submittal. If our records are in error please resubmit the completed PLAT Form for this farm. If the PLAT Form has not been submitted, please do so by October 1, 2006. Condition 1.6 of your NPDES Permit states: "If prior to the expiration date of this permit either the state or federal government establishes Phosphorus loss standards that are applicable to land application activities at a facility operating under this permit, the Permittee must conduct an evaluation of the facility and its CAWMP under the requirements of the Phosphorus loss standards to determine the facility's ability to comply with the standards. This evaluation must be documented on forms supplied or approved by the Division and must be submitted to the Division. This evaluation must be completed by existing facilities within six (6) months of receiving notification from the Division. The method of evaluation is the Phosphorous Loss Assessment Tool (PLAT) developed by NC State University and the Natural Resources Conservation Service. PLAT addresses four potential loss pathways: leaching, erosion, runoff and direct movement of waste over the surface. Each field must be individually evaluated and rated as either low, medium, high or very high according to its Phosphorus loss potential. The ratings for your farm must be reported to DWQ using the attached certification form. The PLAT forms must be kept as records on your farm for future reference. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions regarding this request, please do not hesitate to contact Duane Leith at (919) 715-6186 or contact the Wilmington Regional Office at (910) 796-7215. Thank you for your cooperation. Sincerely, Duane Leith Animal Feeding Operations Unit cc: (Wihnmg onon RegionalOffice, Aquifer Protection Section Facility File 31-134 Nam" Carol- a aUrI Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterqualitv.ore Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number 31-134 County Duylin Year Zoo-3 Facility Name (as shown on Certificate of Coverage or Permit) Richard Lanier Hog Farm Operator in Charge for this Facility Richard Lanier Certification # Land application of animal waste as allowed by the above permit occurred during the past calendar year ® 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. PartI : Facility Information: Total number of application Fields N or Pulls ❑ (please check the appropriate box) in the Certified Animal Waste Management Plan (CAWMP): 7 Total Useable Acres approved in the CAWMP 37.47 2. Total number of Fields ® or Pulls ❑ (please check the appropriate box) on which land application occurred during the year: 7 Total Acres on which „paste was applied 37.47 S. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 6567.11 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 21540.55 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken oil' site during the year N/A tons ❑ or gallons ❑ (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 1% 1 r. [; '3 %-)e — --2 u t. 3 7. Largest and smallest number of animals by type at this facility at any one time during the previous year - Largest Smallest_ (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. 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 durin ® Yes ❑ No the past calendar year. RECEIVED MAR 0 1 2004. AFACF 3-14-03 1 VIATER U-1-41i'l SEC;TION- i4on-Duchaq,;e !Conipliance Ent. -2. 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 CAVVMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. N/A ❑ Yes ❑ No 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon N/A ❑ Yes ❑ No was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. 8. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. N/A ❑ Yes ❑ No 9. Annual soils analysis were performed on each field receiving animal waste during the M 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 M Yes ❑ No permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during ® Yes ❑ No the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 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. "l certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Richard Lanier Permittee Name and Title (type or print) 2/11M Signature of Permittee Signature of Operator in Charge (if different from Pert3nittee) in,durrng chi Date Date taken br y CliesfeC W—i.o f the o the N/A`atiswer"A'Ite ns- AFACF 3-14-03 2 ■ Completejtems 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. Article Addressed to: BU o-u'r�°w� ed. �.0Ikle. nc, O"M a A. Signature Jam, ❑ Agent ❑ Addressee B. Rec ved by (Printed Name) C Data of Delivery D. Is delivery address different from Item t 7� ❑ Yes If YES, enter delivery address below: 0 No 3. Se Ice Type ertified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArtNumber 7003 05,00: i 0000;,880,4 , 277,1 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt t 02595-02-M-1540 UNITE❑ STATES POSTAL SE VICE PNi � - -� .First=Class Mail • Sender: Please print your name, address, and ZIP+4 in this box • North Carolina Department of 13nvironment and Natural Resources 127 Cardinal Dr. E.xtensjon Wilrnington, NC 28405 I-a�on�0. 3 � tliiii}!!Ill[ll��lESlf[IElE11[�1i1i3�li�1lET[EEliilEiliki�il� O�OF 1N A r�R pG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources j Alan W. Klimek, P,E, Director O Division of Water Quality August 11, 2003 Richard Lanier 860 Fountaintown Road Beulaville, NC 28518 Subject: Rescission of Notice of Violation 1 Issuance of Notice of Deficiency Richard Lanier Hog Farm Facility # 31-134 Duplin County Dear Richard Lanier: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office by the date required. 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. Upon review and consideration of the information submitted, the Wilmington Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. =A NCDEN 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 ! 10% post -consumer paper http://h2o.en r.state.nc.us U.S. Postal CERTIFIEI (Domestic Mail For deiivery inform 0 C Med Fee C3 s er'. \emeii lm �ResTrided C3 C Fee r u1 1 0 TOW & Fees rn To IM or Po Box tva � [ Hare f Inadequate Freeboard Richard Lanier Agpust 1.1, 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: Prentice Herring, Carolina & Howard Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wilmington Files 31-134 Non -Discharge Compliance and Enforcement Unit Central Files OF WArF9 `? r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Lanier 860 Fountaintown Road Beulaville NC 28518 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Richard Lanier Hog Farm #31-134 Duplin County Dear Sir or Madam: On March 23, 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 August 17, 1998. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following - Current Freeboard level(s) . Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NT 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 Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper h ttpl/h2o. enr. state. 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 compliancelenforcement 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 thisletter, please do not hesitate to contact our Wilmington Regional Office Staff at (910) 395-3900. Sincerely, 1 W. Klimek P.E. cc: Wilmington Regional Office IF Non -Discharge Compliance/Enforcement Unit Central Files State of North Carolina Department of Envirom and Natural Resources a � Dtil : Michael F. Easley, Governor L z = ; CDENR William G. Ross Jr., Secretary --- __ Kerr T. Stevens, Director - - NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 2, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Road Beulaville NC 28518 Subject: Notification for Wettable Acre Determination Animal Waste Management System Richard Lanier Hog Farm Facility Number 31-134 Duplin County Dear Richard Lanier: A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Patrick Fussell on 6/14/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Patrick Fussell the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Patrick Fussell, at 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions please contact Patrick Fussell at (910) 395-3900.' If within 90 days you are unable to provide Patrick Fussell with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: ❑ Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinabons. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. 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 Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File Neuhoff Farms Plan Amendment to include S&WCC Chronic Rainfall Practices and Standards through March 311, 2000 I. 1r this facility can comply with its existing permit and CAWMP it must do so. 2. Temporary Addition of New Sprayfields (_) (Check appropriate boxes.) [] A. awes of cropland_ . List crop types used: [] B. acres of hardwood woodland @ 100 lbs PAN / acre added. . [] C. acres 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 lbs of PAN applied to acres of perennial grass prior to killing frost. 4. PAN�►pplication Increased for Small Grains & Winter Grasses to be harvested. (Check appropriate box.) RPAN application increased up to 200 Ibs per acre for _ • r r acres of small grains or winter grasses to be harvested. .—PAN application increased up to 150 lbs per acre fore 7.7"cres of overseeded sufhmer perennial included in 3. B. 5. Waste Analysis (Check appropriate box) g< 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" .) [] B_ Use current Aaste analysis to determine PAN. 6. Required - Maximum Nitrogen Utilization Measures for Sntall 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, Iight 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 environmental impacts, ensure compliance with the facility's permit and, amended CAWNT, 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 revision must include a map or sk--tch of new land application areas. FaciIiEl' Number -T-2 'try Name z".-C, 4 4,11, Facility Owner / Manager Nam RINT) TpMpcal SP9galist (PRINT) acidity Owner / Manager Signature Technical S . , Signature Date Z / Date This document must be filed at the SWCD office and be attached to the facilities CAWMP and be available for inspection at the facility. (k) New temporary sprayfields must meet applicable buffer and setback requirements Waste must not be applied to wetlands. 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 Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Road Beulaville NC 28518 Dear Richard Lanier: ITIffl.?WA 0 A&4 IV NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-134 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. 1RR1, 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. w 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. cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, Kerr T. Stevens, Director Division of Water Quality Telephone 919-733-5083 Fax 919-715-6048 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Road Beulaville NC 28518 Dear Richard Lanier: 0�'r 0 • NCDE'NR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 8, 1999 Subject: Conditional Approval Animal Waste Management System Facility Number 31-134 Duplin County Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 7, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of receipt of this letter. Please be advised that -nothing in this letter should be taken as removing from you the responsibility or liability for failure to provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 extension 57L Sincerely, ' U Sonya L. Avant Environmental Engineer cc: Wilmington Regional Office Duplin 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% recycled110% post -consumer paper Revised A_v:i120, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number. 2 ! -13 q{ Operation is flagged for a wettable Farm Name: i1, acre determination due to failure of On -Site Representative; Cw1...; ,j Part it eligibility item(s) FT F2 F3 F4 Inspector/Reviewer's Name: i Operation not required to secure WA determination at this time based on Date of site visit: _ _ %/ �l �i exemption E1 E2 E3 E4 Date of most recent WUP: 1' Operation pended for wettable acre determination ,based on P1 P2 23 Annual farm PAN deficit: 16;#79nounds --irrigation Systems}_- circle#- . and hose#raveier _. center -_pivot system; 3. linear -move system; 4. stationary sprinkler system w/perimanent p'rpe;.5. stationary sprinkler system wlportable,pipe; 6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportabie pipe - .PART i. a r. vetenninauon Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed .by an 1 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. (MOTE= 75 % exemption* -cannot be applied to farms *rat fail the eligibility checklist in hart 11. Compiete-eligibiliiy checklist, Part 11- F1 F2 r3, before completing computational table in Part 111). PART.11.75% Rule -EligibilityZhecklist and -Documentafion-of WA'Detenmination .Requirements. _.WA -Determination required because .operation �aiis-nne of fhe -eligibiiity -requirements-listed:below: :F9 lack n cr aae ich�sul d�n�ve plicatiorrf-wastaw--Aer=-(PAN) c)n:spray_ field(s)�ccorriingdo�arm�sdast�vvo�►ea��;�:inigaiimnTecrn�s- . i`2 Unclearjllegibie, �r lack of inf6rrmatior1map_ _. F3 0bvious--fialdIimiiationsInum--mus�i hes-,�iiureJ-mdeduct:-rBq iredt. _ bufiarfsAtback�craagA;-aar251o�f io;�al�creaga3der�mm�r�tin`,-CAWi171P�rnciudps-_::, : small; srregulariy�izapeda5eids=�nalcsaess�han��cs�e��r_�:ravAlar�r�ass�i;an-_� 2 acr-es-r-orztaiionaryzprinklers).- ______ F4 WA determination required -because CAAW. credirs reld(s)'s acreage yin -excess of 75% of the respective field's tottal acreage as noted in table in Part Ill. Rtviscd April 20, 1999 Facility Number-7 Part HL Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE OF TOTAL CAWMP FIELD COMMENT53 NUMBER NUM13EW-2 (RMGATtON ACRES ACRES % SYSTEM E � 1 E E � E � E E • 1 E E I E E E E E E -E E- ! • FJEI - IUMBEn' - Iiya,-ant,-nvll,-zone "DrpOintnumb--rs-Tray De Ls8C1 M Dial:e Zi ll-Jd nEJMt)aT5 Uaganding fin CAWMP and type a; iaicahon-systam.' If pulls, eta. crossznare fi�an'one ftetd, insoe' morireviewer will have Ia mrnbine��efds fo caiculaie 75% field by field dEtenrunatian7or=--rmiion;-Dtherwise aperatfon will be subject is WA deiermir a on. >;I=LD -NUMB Ems- must be rleariy-dafineated in-ruzap. COMMiWTV --back zip fieldsmith CAWMP_acr�..ageia=e..ding.75% of hs-totataoi-es -and -having T-eceivedJessthan 50% or, its -anmuafPAN as:dammi rfied-in a_;arFn's�revious3inrnyears'(1g97&.1998)DidrricaiiarrreMrft,-Cal natzervems-the sale basisib eouiinga WADetrrniii7aiian ,lcvp lds st a atsd rn ne�orrsmsnt eciian nd�nusi a assinls by imgationzystnm.' Part IV_ Pending WA -Determinations P1 Plan: lackslollcwinginibrmaiion: -- P2 P1an Tevisian=may.satisfy--75% -ruie-based on:aQnquate-overall -PAN deficit -and i)y adjusting -all -B9id:acraagaza:below75% use Tate P3 DtheF.(iefin process of installing new irlicaiian system): State of Noah Carolina Department of Environment RECEIVED and Natural Resources Division of Water Quality JUN 0 4 1998 James B. Hunt, Jr., Governor BY: Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director May 29, 1998 CERTIFIED MAIL RETURN RE EIPT REQUESTED Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Rd Beulaville NC 28518 Farm Number: 31 - 134 Dear Richard Lanier: i 00 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES You are hereby notified that Richard Lanier Hog Farm, in accordance with G.S. 143-215.1OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 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 sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Sue Homewood at (919)733-5083 extension 502 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.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 AGRIMENT SERVICES INC PO BOX 1096 BEULAVILLE, NC 28518 Tellfax (919)568-2648 3/ 10/98 Mr. Andy Helminger Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Helminger, RECEIVED MAR 1 11 1998 BY: This letter is to address the 2/17/98 annual inspection that was conducted for the Richard Lanier facility (FN 31-134). Farm 31-134 had one deficiency: 1. The lagoon was not in compliance with NRCS guidelines because it had less than 19 inches of freeboard. Given the inclement weather, Mr. Lanier has found several appropriate times to apply waste to his spray fields. Waste was applied to small grain on 2/22/98 and applied during the thirty -day shadow for bermuda on 3/l/98, 3/2/98, and 3/5/98. There was a 2-inch rainfall event on 3/8/98; however, on 3/9/98 Mr. Lanier was in compliance with MRCS guidelines by having 20 inches of freeboard. I hope this information will address the Notice of Deficiency noted, If you have any questions please feel free to call. With Kind Re ards, orime G. Kennedy Jr. Technical Specialist Agriment Services, Inc. N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT COMPLAINT/EMERGENCY REPORT FORM WILM17VGTON REGIONAL OFFICE Received by: e, . fi, t� f 6E"te/Timer ' t 0 P Ewaxgancy: Complaint:>! County: L1 Report Received Pram: L� Compla i rant s Address: Complaint or Incidents Time and Date Ocm=-ed: Z — 14 " U 1 P Location of Area Affected: Phase NO. • - - Surface Waters Involved-- _ Groundwater Involved: Other: Other Agencies/5ectiaas Notified: ME v . L;-kh Investigator: 21 _ 41-rN Date: .7 k 4 '_q B EPA Region IV (404)347-"2 Pesticides 733 3556 Emergency Managment 733-3867 WZEYe Resources 733-7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply Brunch 733 2321 U.S. Cant Guard ,VS0 343-4887 127 Cardinal Drive Extension. Wilmington. N.C. 29405-3845 • Telephone 910-395-3900 & Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer SENDER: ■ Complete items 1 andror 2 for additional services. w ■Complete Items 3. 4a, and 41V ■ Print your name and address on the reverse of this form so that we can ratum thia card fa You. ■Attach this form to the front of the mallpleoe, or on the back it space does not g permit. m • Write'Return Receipt Requested' on the mallpisce below the article number. 0 •The Return Reoeipt will show to whom the article was delivered and the date C delivered. 0 3. Article Addressed to: 4a. Article N �l Z E�/yJ�J�r 4b. Service' I also wish to receive the following services (for an extra fee): t. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. $ ❑ Registered ❑ Certified ❑ Express Mail ❑ Insured ❑ Retum Recelpt for Merchandise ❑ COD 7. Date of Do /m � old 5. Received By: (Print Name) 8. Addressee's Addr (Only if requested and lee !s aid) B. Signature: (Addressee -or Agent) �� PS Form 3811, `December 1994 i 10259597-M179 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage $ Fees Paid LISPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • 127 01".:i;JAL C..I`iE EXTENSION WILMINGTON, NC 284053845 State of North Carolina Department of Environment and Natural Resources Wilmington Regional O#lice James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality February 18, 1998 Certified Mail # Z 312 650 281 Return Receipt Requested Richard Lanier Richard Lanier Hog Farm 806 Fountaintown Road BeuIaville, NC 28518 �r NCDENR NORTH CARouNA DEPARTMENT OF i':NVIRONMemr AND NATURAL RESOURCES Subject: NOTICE OF DEFICIENCY Richard Lanier Hog Farm Facility Number: 31-134 Duplin County Dear Mr. Lanier: On February 17, 1998, staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon serving this operation. During the inspection, it was observed that your lagoon had less than 19 inches of available freeboard. While no discharge of waste was observed to waters of the State at the time of inspection,- any rainfall event could likely result in the discharge of waste from the lagoon. The level of your lagoon should be lowered and maintained in accordance with the NRCS guidelines and the state 2H .0200 rules governing animal waste management systems. USDA-NRCS guidelines require a minimum of one foot and seven inches of freeboard. This is based on the amount of storage space needed to contain a 25-year, 24 hour design storm event without a discharge. NRCS requirements also specify that animal waste shall be applied on actively growing crops and that 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. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affit7native Action Employer 50% reeycled110% post -consumer paper e Z 312 650 281. US Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for intemabonal Mail See reverse Sent to Street' ce, Stet & Zip Cad Psl- Postage $ Certified Fee _ Special Delivery Fee Restricted Delivery Fee Retum Receipt Whom & D d ReGan Date, 5 O TOTAL ge & F . 1998 ram Richard Lanier February 18, 1998 Page 2 To remain a deemed permitted facility, all corrective actions must be made within twenty one (21) days of the receipt of this notice. Failure to do so may result in the facility losing its deemed permitted status, requiring it to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge waste water to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the corrective actions are complete, you must notify this office in writing. If you have any questions concerning this matter, please call Andy Helminger, Dave Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, Andrew G. Heiminger Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Jimmy Neuhoff, Neuhoff Farms, Inc. Operations Branch Wilmington Files S: tWQS44ADYA 131-134.DF2 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director August 17, 1998 Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Rd Beulavilie NC 28518 A4• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Certificate of Coverage No. AWS310134 Richard Lanier Hog Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Richard Lanier: In accordance with your application received on June 10, 1998, we are forwarding this Certificate of Coverage (COC) issued to Richard Lanier, 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 Richard Lanier Hog Farm, located in Duplin County, with an animal capacity of no greater than 3672 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 509/6 recycled/ 10% post -consumer paper Certificate of Coverage AWS310134 Richard Lanier Hog Farm Page 2 AUG 2 '03 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. Sincerel , -kA. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department 'Jce,' a VmWdswfibrm Duplin County Soil and Water Conservation District Permit File AGRIMENT SERVICES ING P.O. BOX 1096 BEULA M-LE, NC 28518 TEUFAX (919)568-2648 717198 Mrs. Sue Homewood Division of Water Quality P.O. BOX 29535 Raleigh, NC 27626-0535 Subject: Application No. AWS310134 Additional Information Request Dear Mrs. Homewood, Enclosed is a revised addendum that addresses the application windows for the crops and the agronomic rates less the residual nitrogen for soybeans. I hope this additional' information will address the additional items requested. If not feel free to contact us and we will try to accommodate the Division_ With Kind Regards, � G Ronnie G. Kennedy Jr. Vice -President Operations Agriment Services Inc., Cc Dupiin County Field Office State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 22, 1998 Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Rd BeulaviIle NC 28518 4 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. AWS310134 Additional Information Request Richard Lanier Hog Farm Animal Waste Operation Duplin County Dear Richard Lanier: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 22, 1998: 1) An Addendum to your Waste Utilization Plan (WUP) lists the possible application of animal waste to wheat and soybeans on Tract 6768 Field 1. This addendum should identify the application windows for these crops. It should also note that there is residual nitrogen from soybeans (15 —30 Ibs/acre) and therefore the nitrogen application rate to the following crop should be reduced by this amount to account for the residual nitrogen. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before July 22, 1998 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please tali me at (919) 733-5083, extension 502. Sincerely, ue Homewood Environmental Engineer Non -Discharge Permitting Unit cc: Permit File Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper REVISED ADDENDUM TO WASTE UTILIZATION PLAN: FACILITY NUMBER 31-134 FARM NAME: RICIL4RD LANIER HOG FARM OWNER NAME: RICHARD LANIER DESIGN CAPACITY 3672 FEEDER TO FINISH MR. LANIER MAY USE CATTLE TO REMOVE SMALL GRAIN IN THE WINTER MONTHS. ON TRACT 6768 FIELD 1 MR LANIER MAY INCORPORATE THE USE OF WHEAT AND SOYBEANS TO CREATE A CORN/WHEAT/SOYBEAN ROTATION ON THIS FIELD. IF THIS SCENARIO IS USED THE FOLLOWING RATES AND APPLICATION WINDOWS WILL APPLY FOR THE CROPS PLANTED ON LEON SOIL. APPLICATION WINDOW AGRONOMIC RATE CORN MAR -JUKE 62.5LBS N PER/ACRE.- 1 5LBS RESIDUAL = 47.5 LBS WHEAT OCT-MAR 70LBS N PER/ACRE SOYBEANS JUN-SEPT 72LBS N PER/ACRE ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR LANIER PLANS TO APPLY HIS WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 7/7/98 RONNIE G. KENNEDY JR. TECHNICAL SPECIALIST State of North Carolina IT M 1W Department of Environment and Natural Resources • Division of Water Quality A&4 James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 22, 1998 Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Rd Beulaville NC 28518 Subject: Application No. AWS310134 Additional Information Request Richard Lanier Hog Farm Animal Waste Operation Dupiin County Dear Richard Lanier: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 22, 1998: 1) An Addendum to your Waste Utilization Plan (WUP) lists the possible application of animal waste to wheat and soybeans on Tract 6768 Field L This addendum should identify the application windows for these crops. It should also note that there is residual nitrogen from soybeans (15 —30 lbs/acre) and therefore the nitrogen application rate to the following crop should be reduced by this amount to account for the residual nitrogen. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before July 22, 1998 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 502. Sincerely, ue Homewood Environmental Engineer Non -Discharge Permitting Unit cc: Permit File Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-0719 An Equal Opportunity Affirmative Action Employer 50% recyded110% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Non -Discharge Permit Application Form (THIS FORUAMAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by athe ny question unanswer lease complete as best ask",,ss bl .,,Todaot leave 1. GENERAL INFORMATION: IJUN 1 01996 1.1 FacilityName: Richard Lanier Rog Farm 1.2 Print Land Ownees name: Richard Lanier 1.3 Mailing address: 860 Fountaintown Rd City, State: Beulaville NC Zip: 28518 Telephone Number (include area code): 910-298-4237 1.4 County where facility is located: Duplin 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location' of the farm. identified): on north side of sr 1812 approx 1 mile east of 1.6 1.7 1.8 Print Farm Mana e f different from Land Owner): L n Lessee's 1 egratoes name i pplicable; please circle which type is listed): Date Facility Originally Began Operation: 01/01/0 i 1.9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: 31 (county number); 1134 (facility number). 2.2 Operation Descn� pt n Swine operation " Feeder to Finish 3672- Certified Desi pacity Is the above information correct? yes; no. If no, correct below using the design capacity of the facility The,"No. of Animals" should be the maximum num er for which the waste management structures were designed. _Type of Swine No. of Animals Type of Poul No. of Animals T e^yp of Cattle No. of Animals Wean to Feeder Layer Dairy Feeder to Finish Non -Layer Beef Farrow to Wean (# sow) Turkey Farrow to Feeder (# sow) Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of Animals: FORM: AWO-G-E 5/28/98 Page 1 of 4 31-134 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 62.00 • Required Acreage (as listed in the AWMP):.. _T 2.4 Number( umber sagoop storage ponds (circle which is applicable): 2.5 Are subsurface drains -present within 100' of any of the application fields? (9)Or NO (please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES o NO ( ,please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, Standards, etc.) (Swine Only) "r NO (please circle one) What was the date that this facility's swine houses and lagoon were sited?�4� What was the date that this facility's land application areas were sited? 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space'provided next to each item. _ Applicants Initials 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown.on every land application field. 3.3.6 The Realistic Yield Expectation RYE) for every,crop shown in the WUP. 3.3.7 The PAN applied to every land a plication field 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.11. Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with'chosen best management practices noted 3.3.14 Mortality Control Checklist with the selected method noted 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. FORM: A,WO-G-E 5/28/98 Page 2 of 4 31-134 It L /ter_ ss�I Facility Number: 31 - 134 Facility Name: Richard Lanier Hog Farm 4. APPLICANT'S CERTIFICATION: I, (Land Owner's name listed in question 1.2), attest that this application for /�ic.�fa�cl. /ice/came �i�in (Facility name listed in question 1.1) has been reviewed by me and is accurate and complet&4o 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. gnature 402, Date. / ?s 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) i, (Manager's name listed in question 1.6), attest that this application for - (Facility name listed in question 1.1) has been reviewed by me and is accurate an .comp ete 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 retuined as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION•AND MATERIALS, . SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM:•AWO-G-E 5/28/98 Page 3 of 4 31-134 Now Raw G. Q "REf", Q- is lot! Man 0 11 As" AV AW vs, J f ;i:j ON K its W .17 7 j 0 ug;► gy. — n Wyk: A AW DECEIVED iAFA-rh �+ r�,r nv hrn�-r,�r,r ANIMAL WASTE MANAGr.MENT PLAN CERTIFICATION 4 OR EXYSTIlrr�II''G��AAII__FE (E� +DLOTS Please return the completed form to the Division of Environmental Management at tl94hare'19 2'the reverse side of this form. Non -Discharge Pe=mitting a,qame of farm (Please print) : R — t{ A t�. F. L A tN 1 2 Mailing Address: $ 6 n F a i n A, H 7-a W a € v C A v; L L N, s1 g Phone No.: 13 10 County (of farm): D u �. r N Farm location: Latitude and Longitude:3 0jI o " J� D y-3 36 (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.) : S W r Y E Design capacity (number of animals) :_ 3_ 9 'Z- Average size of operation (12 month population avg.): 3 b 7 -1-- Average acreage needed for land application of waste (acres) : 2 9 . 's Technical 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 existing animal waste management system for the farm named above has an animal waste management plan that meets the 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 have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); 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. ✓ When checked, see reverse side of for Name of Technical Specialist (Please Print): Affiliation (Agency): Address (Agenc ): Signature: ' �l. /}r�ua�,t,,, so / 9 6 BILLY W HOUSTON DUPLIN S & 14 CONSER DISTRICT PO BOX 277 KENANSVILLE NC 28349 TELEPHONE 910-296-2120 Owner/Manager Agreement 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) 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 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 directly through a man-made conveyance or through runoff from a storm event less severe that the 25-year, 24-hour storm. The approved plan will he filed at the farm and at the office of the local Soil and Water Conservation District. Name of Lan Owr l21:!� e Print):n Signature: _ 71 Date: o R b Name of Manager, if different from owner (Please print): Signature: Date: +te: A change in land ownership requires notification or a new certification (if the approved plan is changed) within 60 days of a title transfer DEM USE ONLY: ACE# WASTE UTILIZATION PLJ. March 18, 1996 PAGE 1 PRODUCER: RICHARD LANIER LOCATION: 860 FOUNTAINTOWN RD BEULAvILLE NC 28518 TELEPHONE: 910-298-4237 TYPE OPERATION: Feeder to Finish Swine NUMBER OF ANIMALS: 3672 hogs design capacity 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 9-.-own 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 infilitration 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 prclblem.-s. 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 PL . PAGE 2 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 3672 hogs x 1.9 tons waste/hogs/year = 6976.8 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3672 hogs x 2.3 lbs PAN/hogs/year = 8445.6 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. WASTE UTILIZATION PL PAGE 3 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 APPLIC. TIME 306.875 68 1 LNA C 50 62.5 0 4.91 MAR-JUN 1a 4.5 1225 APR-SEP 6768 �la SG 1 150 D 14.64 1232 SEP-NOV 6768 lq AUB BH 5.5 1275 0 19.01 �2477.75 APR-SEP 6768 -1 SG 1 150 0 19.01 �450-5 SEP.-NOV 2 IA 0 11.69 1464.75 APR-SEP D 11.69 184.5 SEP-NOV -769 lcw NOB BH 6.1 1305 D 15.75 11753.75 APR-SEP 6769 -1CA SG 1 150 0 5.75 1287.5 SEP-NOV APR-SEP (.•q-S *ao27• a.S SEP-NOV 3q.2.-SO TOTAL 8468.37 -- 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 requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern courities of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. WASTE UTILIZATION PL PAGE 4 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 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 APPLIC. 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, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with the 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 inter -plant small grain, erc, 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. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. WASTE UTILIZATION PL PAGE 5 -he following legend explains the crop codes used in tables 1 and 2 above: LBS N CROP CODE CROP UNITS PER UNIT BH HYBRID BERMUDAGRASS-HAY i TONS 50 C CORN BUSHELS 1.25 SG SMALL GRAIN OVERSEEDED AC 50 TABLE 1 TABLE 2 TOTAL AMOUNT TOTALS FROM TABLES 1 AND 2 zz9-8 1 44-& � 32. S-S 9 53.Z. 3 7 s 32.85 gS33.37-5 N PRODUCED ' 8445.6 *** BALANCE 22.11 /087.7-? 1?6 *** 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. 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 1358.64 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. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. WASTE UTILIZATION PL PAGE 6 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 irriga:,4 on 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. 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. Failu:te 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: V 0-'-' tzsa.-, *b U-"- r :,U4/V-z, : l-r +r' L- r L -o 9 ADDENDUM TO WASTE UTILIZATIONPLAN.• FA CIL IT Y NUMBER 31-134 FARM NAME: RICHARD LANIER HOG FARM OWNER NAME: RICHARD LANIER DESIGN CAPACITY.- 3672 FEEDER TO FINISH MR. LANIER MAY USE CATTLE TO REMOVE SMALL GRAIN IN WINTER MONTHS. ON TRACT 6768 FIELD 1 MR. LANIER MAY INCORPORATE THE USE OF WHEAT AND SOYBEANS TO CREATE A CORN/WHEAT/SOYBEAN ROTATION ON THIS FIELD IF HE SO DESIRES THE AGRONOMIC RATES FOR WHEAT AND SOYBEANS SHALL BE AS FOLLOWS: WHEAT 70LBS N PER/ACRE, SOYBEANS 72 LBS PER/ACRE. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. LANIER PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 10/23/97 RONNIE G. KENNEDY JR. TECHNICAL SPECIALIST WASTE UTILIZATION PL . PAGE 7 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 Field Office must have documentation in the design folder that the producer either has 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 expectancy of the production facility. 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, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 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). 5. 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 ---illed 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 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 conditions conducive to odor or flies and to provide uniformity of application. B. 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 grow- r-.g crops in such a manner that no mor.-'than 20 to 25 percei_, of the leaf area is covered. WASTE UTILIZATION PL PAGE 8 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 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 wasters, 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 "technical 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 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 imple- menting 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 PL . PAGE 9 NAME OF FARM: SAME OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the ap- proved animal waste utilizati= plan for the farm -gamed above. I (we) know that any expansion LJ the existing desig" 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 must 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 I -day storm event. I also cer- tify that the waste will be a;,�lied on the land according to this plan at the appropriate times and at rates that no'runoff occurs. NAME OF FACILITY OWNER: RICHARD LANIER SIGNATURE. - � .,� �L DATE: NAME OF MANAGER (if different from owner): please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Boyce W. Boyette AFFILIATION: Duplin Soil and Water Conservation ristrict ADDRESS (AGENCY): P. G. Box _L/7 Kenansville NC 28349 SIGNATURE: 1s� DATE: S- J 9-- _ ! f f 7 46 80.4 a aIIIIaIIIII" boom— no LIM. � r4rMn I Nq ON =1 R .-. Von No + U. & DEPARTMENT OF AGRICULTURE SCS-CPA-1 5 (341) SOIL MAP Owner RIcHdak F. LANI.&- Operator County 1)fji0LjtJ State N C, Soil survey sheet (s) or code nos. E-3 Approximate scale 1 2- coo' Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating with -6 u Pt_-i W Corvation District WIT System Calibration Information presented in manufacturer's charts are based on average operation conditions with relatively new equipment. Discharge rates and application rates change over time as equipment gets older and components wear. In particular, pump wear tends to reduce operating pressure and flow. With continued use, nozzle wear results in an increase in the nozzle opening which will increase the discharge rate while decreasing the wetted diameter. You should be aware that operating the system differently than assumed in the design will alter the application rate, diameter of coverage, and subsequently the application uniformity. For example, operating the system with excessive pressure results in smaller droplets, greater potential for drift, and accelerates wear of the sprinkler nozzle. Clogging of nozzles can result in pressure increase. Plugged intakes or crystallization of mainlines will reduce operating pressure. Operating below design pressure greatly reduces the coverage diameter and application uniformity. For the above reason, you should calibrate your equipment on a regular basis to ensure proper application rates and uniformity. Calibration at least once every three years is recommended. Calibration involves collecting and measuring flow at several locations in the application area. Any number of containers can be used to collect flow and determine the application rate. Rain gauges work best because they already have a graduated sca'.e from which to read the.application amount without having to perform additional calculations. However, pans, plastic buckets, jars, or anything with a uniform opening and cross-section can be used provided the liquid collected can be easily transferred to a scaled container for measuring. For stationary sprinklers, collection containers should be located randomly throughout the application area at several distances from sprinklers. For traveling guns, sprinklers should be located along a transect perpendicular to the direction of pull. Set out collection containers 25 feet apart along the transect on both sides of the gun cart. You should compute the average application rate for all nonuniformity of the application. On a windless day, variation between containers of more than 30 percent is cause for concern. You should contact your irrigation dealer or technical specialist for assistance. `Reprinted for Certification Training for Operations of Anima! Waste Management Systems Manua! MORTALITY MANAGEMENT METHODS (check which method(s) are being implemented) ( } Burial three feet beneath the surface of the ground within 24 hours after knowledge of the death. The burial be at least 300 feet from any flowing steam or public body of water. ( Rendering at a rendering plant licensed under G. S. 106-168.7 ( ) Complete incineration, ( } In the case of dead poultry only, placing in a disposal pit of a size and design approved by the Department of Agriculture. ( } Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal health. (Written approval of the State Veterinarian must be attached) INSECT CONTROL CHECKLIST FOR ANIMAL OPERATIONS Source Cause BMP's to Minimize Odor Site Specific Practices {Vquideystems) Flush Gutters Accumulation of solids {hush system is designed and operated sufficiently to remove accumulated solids from gutters as designed. f 1 Remove bridging of accumulated solids at Lagoons and Pits Crusted Solids (Maintain lagoons, settling basins and pits where pest breeding is apparent to minimize the crusting of solids to a depth of no more than 6-8 inches over more than 30% df surface. Excessive Vegetative Decaying vegetation I Yf aintain vegetative control along banks of Growth lagoons and other impoundments to prevent accumulation of decaying vegetative matter along water's edge on impoundment's perimeter. (Dry Systems) Feeders Feed Spillage { 1 Design, operate and maintain feed systems (e.g., bunkers and troughs) to minimize the accumulation of decaying wastage. f 1 Clean up spillage on a routine basis (e.g. 7-10 day interval during summer; 15-30 day interval during winter). Feed Storage Accumulations of feed residues { I Reduce moisture accumulation within and around immediate perimeter of feed storage areas by insuring drainage away from site and/or providing adequate containment (e.g., covered bin for brewer's grain and similar high moisture grain products). {) Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. Animal Holding Areas AMIC--November 11, 1996 Accumulations of animal wastes { I Eliminate low area that trap moisture along fences and feed wastage and other locations where waste accumulates and and disturbance by animals is minimal. I } Maintain fence rows and filter strips around animal holding areas to minimize accumulations of wastes {i.e. inspect for and remove or break up accumulated _dies =s needed', Dry Manure Handling Accumulations of animal wastes Remove spillage on a routine basis (e.g. 7.10 day Systems interval during summer; 1 S-30 days interval during winter) where manure is loaded for lend application or disposal. O Provide for adequate drainage around manure stockpiles. {) Inspect for and remove or break up accumulated wastes in filter stripes around stockpiles and manure handling areas as needed. The issues checked ( ) pertain to this operation. The landowner/integrator agrees to use sound judgment in applying insect control measures as practical. - I certify the aforementioned insect control Best Management Practices have been reviewed with me. (Landowner Signature) For more information contact the Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleigh, NC 27695-7613. AMIC•-November 11, 1996 Storage tank or basin Partial microbial decomposition { ! Bottom or midlevel loading surface Mixing while filling { I Tank covers Agitation when emptying I 1 Basin surface mats of solids { 1 Proven biological additives or oxidants Serding basin surface Partial micobW decomposition { ) Extend drainpipe outlets underneath liquid Mixing while filling level Agitation when emptying ( ) Remove settled solids regularly Manure, slurry or sludge Agitation when spreading f I Soil injection of slurryisludges spreader outlets Volatile gas emissions ( ) Wash residual manure from spreader after use { ) Proven biological additives or oxidants Uncovered manure, slurry Volatile gas emissions wNie drying { ) Soil infection of slurry/sludges or sludge on field surfaces I ) Soil incorporation within 48 hours { ) Spread in thin uniform layers for rapid drying { I Proven biblogical additives or oxidants Dead animals Carcass decomposition (-YProper disposition of carcasses Dead animal disposal Carcass decomposition () Complete covering of carcasses in burial pits pits { I Proper location/construction of disposal pits Incinerators Incomplete combustion ( ) Seco ary stack burners Standing water around Improper drainage Grade and landscape such that water drains facilities Microbial decomposition of away from facilities organic matter Manure tracked onto public Poorly maintained access roads () access road maintenance roads from farm access Additional Information: Available From: Swine Manure Management; 0200 Rule/BMP Packet NCSU-County Extension Center Swine Production Farm Potential Odor Sources and Remedies, EBAE Fact Sheet NCSU-BAE Swine Production Facility Manure Management: Pit Recharge --Lagoon Treatment; EBAE 128-88 NCSU-BAE Swine Production Facility Manure Management: Underfloor Huse --Lagoon Treatment; EBAE 129.88 NCSU-BAE Lagoon Desig and Management for Livestock Manure Treatment and Storage; EBAE 103-83 NCSU-BAE Calibration of Manure and Wastewater Application Equipment, EBAE Fact Sheet NCSU-BAE Controlling Odors from Swine Buildings; PIH-33 NCSU-Swine Extension Environmental Assurenc Program: NPPC Manuel NC Pork Produces Assoc Options for Managing Odor; a report from the Swine Odor Task Force NCSU Agri Communications Nuisance Concerns in Animal Manure Management: Odors and Flies; PRO107, 1995 Conference Proceedings Florida Cooperative Extension The issues checked ( ) pertain to this operation. The landownerrntegrator agrees to use sound judgment in applying odor control measures as practical. I certify the aforementioned odor control Best Managment Practices have been reviewed with me. (Landowner Signature) AMOC--November 11, 1996 SWINE FARM WASTE MANAGEMENT ODOR CONTROL CHECKLIST Source Cause BMP's to Minimize Odor Site Specific Practices Farmstead Swine production { ) Vegetative or wooded buffers; ( ) Recommended best management prpctices; (-f Good judgment and common sense Animal body surfaces Dirty manure -covered animals I ) Dr) Floor surfaces Manure collection pits Wet manure -covered floors Urine floors; s located over slotted floors; { I Feeders at high and of solid floors; {) Scrape manure buildup from floors; (1 Underfloor ventilation for drying ( ) Frequent manure removal by flush,pit recharge,or scrape Parital micorbial decomposition () Underfloor ventilation Ventilation exhaust fans Volatile gases; f en intenance; Dust (. fficient air movement Indoor surfaces Dust ( ashdown between groups of animals (i Feed additives; { } Feeder covers; I ) Feed delivery downspout extenders to feeder covers Flush tanks Agitation of recycled lagoon [) Flush tank covers liquid whiles tanks are filling [ I Extend fill lines to near bottom of tanks with anti -siphon vents Flush alleys Agitation during wastewater I ) Underfloor flush with underfloor conveyanance ventilation Pit recharge points Agitation of recycled lagoon f) Extend rechard lines to near bottom of liquid while pits are filling pits with anti -siphon vents Lift stations Agitation during sump tank filling (1 Sump tank covers and drawdown Outside drain collection Agitation during wastewater f) Box covers or junction boxes conveyance End of drainpipes at lagoon Agitation during wastewater ( ) Extend discharge point of pipes underneath lagoon liquid level Lagoon surfaces Volatile gas emissions I groper lagoon liquid capacity Biological mixing ( ) Correct lagoon startup procedures Agitation ( ) Minimum surface area -to -volume ratio I) Minimum agitation when pumping (I Mechanical aeration I 1 Provnn biological additives Irrigation sprinkler nozzles High pressure agitation rigate on dry days with little or no wind Wind draft ( ) Minimum recommended operation pressure ( ) Pump intake near lagoon liquid surface ( ) Pump from second -stage lagoon AMOC--November 11, 1996 EMERGENCY ACTION PLAN PHONE NUMBERS DIVISION OF WATER QUALITY (DWQ) 910 3 Q-5 --3 r� EMERGENCY MANAGEMNET SERVICES (EMS) a4��-�- / & &S SOIL AND WATER CONSERVATION DISTRICT (SWCD) a �6 �a NATURAL RESOURCES CONSERVATION SERVICE (NRCS) - c-z2x COOPERATIVE EXTERSION SERVICE (CES) ;2f& This plan will be implemented in the event that wastes from your operation are leaking, overflowing or running off site. You should not wait until wastes reach surface waters or leave you property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be posted in an accessible location for all employees at the facility. The following are some action items you should take. 1. Stop the release of wastes. Depending on the situation, this may ore may not be possible. Suggested responses to some possible problems are listed belwo. A. Lagoon overflow -possible solutions are: a. Add soil to berm to increase elevation of dam. b. Pump wastes to fields at an acceptable rate. c. Stop all flows to the lagoon immediately. d. Call a pumping contractor. e. Make sure no surface water is entering lagoon. B. Runoff from waste application field -actions include: a. Immediately stop waste application. b. Create a temporary diversion to contain waste. c. Incorporate waste to reduce runoff. d. Evaluate and eliminate the reason(s) that cause the runoff. e. Evaluate the application rates for the fields where runoff occurred. C. Leakage from the waste pipes and sprinklers -action include: a. Stop recycle pump. b. Stop irrigation pump. c. Close valves to eliminate further discharge. d. Repair all leaks prior to restarting pumps. D. Leakage from flush systems, houses, solid separators -action include: a. Stop recycle pump. b. Stop irrigation pump. c. Make sure siphon occurs. d. Stop all flows in the house, flush systems, or solid separators. E. Leakage from base or sidewall of lagoon. Often this is seepage as opposed to flowing leaks -possible action: a. Dig a small sump or ditch from the embankment to catch all seepage, put in a submersible pump, and pump back to lagoon. b. If holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil. c. Have a professional evaluate the condition of the side walls and lagoon bottom as soon as possible. 1 2. Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? c. Any damage notes, such as employee injury, fish kills, or property damage? d. Did the spill leave the property? e. Does the spill have the potential to reach surface waters? f. Could a future rain event cause the spill to reach surface waters? g. Are potable water wells in danger (either on or off the property)? h. How much reached surface waters? 3. Contact appropriate agencies. a. During normal business hours call your DWQ regional office; Phone - -. After hours, emergency number: 919-733-3942. Your phone call should include: your name, facility number, telephone number, the details of the incident from item 2 above, the exact location of the facility, the location or direction of movement of the spill, weather and wind conditions. The corrective measures that have been under taken, and the seriousness of the sitution. b. If spill leaves property or enters surface waters, call local EMS phone number. c. Instruct EMS to contact local Helath Department. d. Contact CEs, phone number - , local SWCD office phone number - -, and local NRCS office for advice/technical assistance phone number - -. 4. if none of the above works call 911 or the Sheriff's Department and explain you problem to them and ask the person to contact the proper agencies for you. 5. Contact the contractor of your choice to begin repair or problem to minimize off - site damage. a. Contractors Name: ,,,,so Fufns b. Contractors Address., c. Contractors Phone: -ydy 6. Contact the technical specialist who certified the lagoon (NRCS, Consulting Engineer, etc.) a. Name: s b. Phone: 7. Implement procedures as advised by DWQ and technical assistance agencies to rectify the damage, repair the system, and reassess the waste managment plan to keep problems with release of wastes from happening again. PA to Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? C. Any damage notes, such as employee injury,fish kills, or property damage? Contact appropriate agencies. a. During normal business hours, call your DEM regional office, at 910-395-3900, after hours, emergency number: 919-733-3942. Your phone call should include: your name, facility, telephone number, the details of incident from item 2 above, the exact location of the facility, and the location or direction of movement of the spill, weather and wind conditions, what corrective measures have been under taken, and the seriousness of the situation. b. If spill leaves, or is likely to leave, property or enters surface waters, call local emergency management services (EMS) at 910-296- 2160. C. Instruct EMS to contact local Health Department. d. Contact local Soil and Water Conservation District Natural Resources Conservation Service office at 910-296-2121, and Cooperative Extension Service at 910-296-2143for advice/technical assistance. e. If you are a contract swine grower associated with a swine company integrator, contact the company representative. 4. Implement procedures as advised by DEM and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. DUPLIN COUNTY COOPERATIVE EXTENSION SERVICE PO BOX 458 KENANSVILLE, NORTH CAROLINA 28349 910-296-2143 DUPLIN COUNTY SOIL AND WATER CONSERVATION DISTRICT NATURAL RESOURCES CONSERVATION SERVICE PO BOX 277 KENANSVILLE,. NORTH CAROLINA 28349 910-296-2121 DUPLIN COUNTY EMERGENCY MANAGEMENT SYSTEM PO BOX 909 KENANSVILLE, NORTH CAROLINA 28349 910-296-2160 DIVISION OF ENVIRONMENTAL MANAGEMENT 127 CARDINAL DRIVE EXT WILMINGTON, NORTH CAROLINA 28405-3845 910-395-3900 10 PRODUCER CERTIFICATION OF IRRIGATION EQUIPMENT certify that I (own, o) the (producer) following irrigation equipment: (� TYPE IRRIGATION AND SIZE A �-T AVAILABLE FROM �Wa-� (owner of equipment) I further certify that, through the arrangements I have made concerning irrigation equipment, I will be able to irrigate as necessary according to my waste management plan. Signature ���� Date S _ `f (producer) PRODUCER CERTIFICATION OF INTENT TO PLANT GRASS FOR IRRIGATION certify that I -will plan the specified grasses (producer) as outlined in my waste management plan at the next available seeding date. If this seeding date is in excess of b months from the date I stock animals, then I will provide a temporary cover of small grain if needed for irrigation. Signature T1[' p C;/ �) �,� Date S (producer) CERTIFICATION CHECKLIST / WORKSHEET GENERAL INFORMATION Name:Date \-r— Technical Specialist Size of Operation: COLLECTION Are the houses adequafe to properly collect and discharge the waste to a storage facility? YES NO STORAGE AND TREATMENT Did NRCS Design Waste Treatment Lagoon? YES NRCS Design Capacity 3 6 � I-,' (number of animals) Has Operation been Expanded without NRCS assistance? YES "-4 NO IF YES, what is current design capacity? animals Dimensions (L x W x D) of lagoon NO What is present design capacity Dimensions (L x W x D) of lagoon Does existing waste storage structure meet NRCS standards for a lagoon? YES NO Does structure have at least 60 days temporary storage, 24 hour - 25 year storm storage, and 1 foot of freeboard. YES Number of Days of Storage NO NRCS cannot provide assistance unless landowner is willing to increase storage capacity. Assess. Seepage Potential of Existing Waste Storage Structure? Soils similar to SP soils High seepage potential Soils similar to SM soils Medium Seepage potential Soils similar to SC soils w� Low Seepage Potential Soils similar to CL or CH soils Very Low Seepage Potential animals Where seepage is a high or medium risk, NRCS will advise landowner of potential seepage and recommend and offer a more detailed investigation at the landowner's request. Is there any evidence of seepage? YES NO If yes then NRCS cannot certify operation until seepage is corrected. .-.z• . wrr% XA A AT A!�L"'11 !il—I"Lll:li11V1� nisi✓ +•+•a........�.—...�-._.— Does producer have access to adequate irrigation equipment? YES Type Available from: S NO Cannot certify until irrigation is available Total acres available for land application of waste L % J Type of crop to be grown for waste application Has crop actually been planted now? YES NO Cannot certify until crop is planted? Are any minimum separation buffers required from perennial streams, houses, wells, etc. YES Describe NO Can an approved waste plan be written for this operation? Y ES NO Operation cannot be certified until a plan can be developed NOTES sta. B.S. H.I. F.S. RR Elev. 7 7 -7 7 . .... ..... II L L-- 77 L T 7- .......... . C- 7 7� E7, Cie 7: .... . 7 T r L �4 v ....... T .14 Ll T-71-7-7-7— ..... ... . ... ... . . .. . . . . . . . . . ... . . . . . . Fz- NAME: Richa. - Lanier PAGE 2 " ADDRESS: Beulaville, NC TYPE AND SIZE 3-1224 '�F OPERATION Tapping CLASS DESIGNED BY B. W. Houston DATE 4/12/91 (5/30/91) APPROVED BY �i �,,�,�yJ C DATE r PERMANENT STORAGE 3672 Hogs x 135 lids per -hog 1,Cu Ft per lb. 495720 Cu Ft/ TEMPORARY STORAGE 4957ZO Ibs of animal x 1.35 cu. ft. of waste per day 120460 Cu Ft� per 1000 Ibs of animal wt. x 180 days RAINFALL LESS EVAPORATION 7" X 120810 sq. ft. surface area per 12"per ft 70473 Cu Ft RAINFALL - 25 YR. 1 DAY STORM J 7.5" X 120810 sq. ft. of surf ace area per 12" per ft. 75506 Cu Ft J TOTAL STORAGE -NEEDED 762159 Cu Ft 2SZZ8 Cu Yds TOTAL STORAGE AVAILABLE 762480 Cu Ft `-� ZSZ40 Cu Yds AMOUNT OF FILL DIKE 338000 Cu Ft PAD 158100 Cu Ft TOTAL 496100 Cu Ft SETTLEMENT 1OX 49610 Cu Ft. TOTAL AMOUNT OF FILL 545710 Cu Ft 2OZ11 Cu Yds CUT TO FILL RATIO TOTAL EXCAVATION 772860 Cu Ft 1.4: 1 28624 Cu Yds. rd OPERATION & MAINTENANCE PLAN Proper lagoon liquid management should be a year-round priority. It is especially important to manage levels so that you do not have problems during extended rainy and wet periods. Maximum storage capacity should be available in the lagoon for periods when the receiving crop is dormant (such as wintertime for bermudagrass) or when there are extended rainy spells such as the thunderstorm season in the summertime. This means that at the first signs of plant growth in the later winter/early spring, irrigation according to a farm waste management plan should be done whenever the land is dry enough to receive lagoon liquid. This will make storage space available in the lagoon for future wet periods. In the late summer/early fall the lagoon should be pumped down to the low marker (see Figure 2-1) to allow for winter storage. Every effort should be made to maintain the lagoon close to the minimum liquid level as long as the weather and waste utilization plan will allow it. -- Waiting until the lagoon has reached its maximum storage capacity before starting to irrigate does not leave room for storing excess water during extended wet periods. Overflow from the lagoon for any reason except a 25-year, 24-hour storm is a violation of state law and subject to penalty action. The routine maintenance of a lagoon involves the following: Maintenance of a vegetative cover for the dam. Fescue or common bermudagrass are the most common vegetative covers. The vegetation should be fertilized each year, if needed, to maintain a vigorous stand. The amount of fertilizer applied should be based on a soils test, but in the event that it is not practical to obtain a soils test each year, the lagoon embankment and surrounding areas should be fertilized with 800 pounds per acre of 10-10-10, or equivalent. Brush and trees on the embankment must be controlled. This may be done by mowing, spraying, grazing, chopping, or a combination of these practices. This should be done at least once a year and possibly twice in years that weather conditions are favorable for heavy vegetative growth. NOTE: If vegetation is controlled by spraying, the herbicide must not be allowed to enter the lagoon water. Such chemicals could harm the bacteria in the lagoon that are treating the waste. Maintenance inspections of the entire lagoon should be made during the initial filling of the lagoon and at least monthly and after major rainfall and storm events. Items to be checked should include, as a minimum, the following: Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes ---look for: i . separation of joints 2. cracks or breaks 3. accumulation of salts or minerals 4. overall condition of pipes Lagoon surface ---look for: 1. undesirable vegetative growth 2. floating or lodged debris Embankment —look for: 1. settlement, cracking, or "jug" holes 2. side slope stability ---slumps or bulges 3. , wet or damp areas on the back slope 4. erosion due to lack of vegetation or as a result of wave action 5. rodent damage Larger lagoons may be subject to liner damage due to wave action caused by strong winds. These waves can erode the lagoon sidewalls, thereby weakening the lagoon dam. A good stand of vegetation will reduce the potential damage caused by wave action. If wave action causes serious damage to a lagoon sidewall, baffles in the lagoon may be used to reduce the wave impacts. Any of these features could lead to erosion and weakening of the dam. If your lagoon has any of these features, you should call an appropriate expert familiar with design and construction of waste lagoons. You may need to provide a temporary fix if there is a threat of a waste discharge. However, a permanent solution should be reviewed by the technical expert. Any digging into a lagoon dam with heavy equipment is a serious undertaking with potentially serious consequences and should not be conducted unless recommended by an appropriate technical expert. Transfer Pumps ---check for proper operation of: 1. recycling pumps 2. irrigation pumps Check for leaks, loose fittings, and overall pump operation. An unusually loud or grinding noise, or a large amount of vibration, may indicate that the pump is in need or repair or replacement. NOTE: Pumping systems should be inspected and operated frequently enough so that you are not completely "surprised" by equipment failure. You should perform your pumping system maintenance at a time when your lagoon is at its Iow level. This will allow some safety time should major repairs be required. Having a nearly full lagoon is not the time to think about switching, repairing , or borrowing pumps. Probably, if your lagoon is full, your neighbor's lagoon is full also. You should consider maintaining an inventory of spare parts or pumps. Surface water diversion features are designed to carry all'surface drainage waters (such as rainfall runoff, roof drainage, gutter outlets, and parking lot runoff) away from your lagoon and other waste treatment or storage structures. The only water that should be coming from your lagoon is that which comes from your flushing (washing) system pipes and the rainfall that hits the lagoon directly. You should inspect your diversion system for the following: 1. adequate vegetation 2. diversion capacity 3. ridge berm height Identified problems should be corrected promptly. It is advisable to inspect your system during or immediately following a heavy rain. If technical assistance is needed to determine proper solutions, consult with appropriate experts. You should record the level of the lagoon just prior to when rain is predicted, and then record the level again 4 to 6 hours after the rain (assumes there is no pumping): This will give you an idea of how much your lagoon level will rise with a certain rainfall amount (you must also be recording your rainfall for this to work). Knowing this should help in planning irrigation applications and storage. If your lagoon rises excessively, you may have an inflow problem from a surface water diversion or there may be seepage into the lagoon from the surrounding land. Lagoon Operation Startup: 1. Immediately after construction establish a complete sod cover on bare soil surfaces to 'avoid erosion. 2. Fill new lagoon design treatment volume at least half full of water before waste loading begins, taking care not to erode lining or bank slopes. 3. Drainpipes into the lagoon should have a flexible pipe extender on the end of the pipe to discharge near the bottom of the lagoon during initial filling or another means of slowing the incoming water to avoid erosion of the lining. 4. When possible, begin Ioading new lagoons in the spring to maximize bacterial establishment (due to warmer weather). 5. It is recommended that a new lagoon be seeded with sludge from a healthy working swine lagoon in the amount of 0.25 percent of the full lagoon liquid volume. This seeding should occour at least two weeks prior to the addition of wastewater. 6. Maintain a periodic check on the lagoon liquid pH. If the pH falls below 7.0, add agricultural lime at the rate of 1 pound per 1000 cubic feet of lagoon liquid volume until the pH rises above 7.0. Optimum lagoon liquid pH is between 7.5 and 8.0. 7. A dark color, lack of bubbling, and excessive odor signals inadequate biological activity. Consultation with a technical specialist is recommended if these conditions occur for prolonged periods, especially during the warm season. Loading: The more frequently and regularly that wastewater is added to a lagoon, the better the lagoon will function. Flush systems that wash waste into the lagoon several times daily are optimum for treatment. Pit recharge systems, in which one or more buildings are drained and recharged each day, also work well. Practice water conservation ---minimize building water usage and spillage from leaking waterers, broken pipes and washdown through proper maintenance and water conservation. Minimize feed wastage and spillage by keeping feeders adjusted. This will reduce the amount of solids entering the lagoon Management: Maintain lagoon liquid level between the permanent storage level and the full temporary storage level. Place visible markers or stakes on the lagoon bank to show the minimum liquid level and the maximum liquid lever (Figure 2-1). Start irrigating at the earliest possible date in the spring based on nutrient requirements and soil moisture so that temporary storage will be maximized for the summer thunderstorm season. Similarly, irrigate in the late summer/early fall to provide maximum lagoon storage for the winter. The lagoon liquid level should never be closer than 1 foot to the lowest point of the dam or embanlanent. Do not pump the lagoon liquid Ievel Iower that the permanent storage level unless you are removing sludge. Locate float pump intakes approximately 18 inches underneath the liquid surface and as far away from the drainpipe inlets as possible. Prevent additions of bedding materials, long-stemmed forage or vegetation, molded feed, plastic syringes, or other foreign materials into the lagoon. Frequently remove solids from catch basins at end of confinement houses or wherever they are installed. Maintain strict vegetation, rodent, and varmint control near lagoon edges. Do not allow trees or large bushes to grow on lagoon dam or embankment. Remove sludge from the lagoon either when the sludge storage capacity is full or before it fills 50 percent of the permanent storage volume. If animal production is to be terminated, the owner is responsible for obtaining and implementing a closure plan to eliminate the possibility of a pollutant discharge. Sludge Removal: Rate of lagoon sludge buildup can be reduced by: proper lagoon sizing, me hhaanical solids separation of flushed waste, gravity settling of flushed waste solids in an appropriately designed basin, or minimizing feed wastage and spillage. Lagoon sludge that is removed annually rather than stored long term will: have more nutrients, have more odor, and require more land to properly use the nutrients. Removal techniques: Hire a custom applicator. . Mix the sludge and lagoon liquid with a chopper -agitator impeller - pump through large -bore sprinkler irrigation system onto nearby cropland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; mix remaining sludge; pump into liquid sludge applicator; haul and spread onto cropland or forageland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; dredge sludge from lagoon with dragline or sludge barge; berm an area beside lagoon to receive the sludge so that liquids can drain back into lagoon; allow sludge to dewater; haul and spread with manure spreader onto cropland or forageland; and soil incorporate. Regardless of the method, you must have the sludge material analyzed for waste constituents just as you would your lagoon water. The sludge will contain different nutrient and metal values from the liquid. The application of the sludge to fields will be limited by these nutrients as well as any previous waste applications to that field -and crop requirement. Waste application rates will be discussed in detail in Chapter 3. When removing sludge, you must also pay attention to the liner to prevent damage. Close attention by the pumper or drag -line operator will ensure that the lagoon liner remains intact. If you see soil material or the synthetic liner material being disturbed, you should stop the activity immediately and not resume until you are sure that the sludge can be removed without liner injury. If the liner is damaged it must be repaired as soon as possible. Sludge removed from the lagoon has a much higher phosphorus and heavy metal content than liquid. Because of this it should probably be applied to land with low phosphorus and metal levels, as indicated by a soil test, -and incorporated to reduce the chance of erosion. Note that if the sludge is applied to fields with very high soil -test phosphores, it should be applied only at rates equal to the crop removal of phosphorus. As with other wastes, always have your lagoon sludge analyzed for its nutrient value. The application of sludge will increase the amount of odor at the waste application site. Extra precaution should be used to observe the wind direction and other conditions which could increase the concern of neighbors. Possible Causes of Lagoon Failure Lagoon failures result in the unplanned discharge of wastewater from the structure. Types of failures include leakage through the bottom or sides, overtopping, and breach of the dam. Assuming proper design and construction, the owner has the responsibility for ensuring structure safety. Items which may lead to lagoon failures include: Modification of the lagoon structure ---an example is the placement of a pipe in the dam without proper design and construction. (Consult an expert in lagoon design before placing any pipes in dams.) . Lagoon liquid levels ---high levels are a safety risk. Failure to inspect and maintain the dam. Excess surface water flowing into the lagoon. Liner integrity ---protect from inlet pipe scouring, damage during sludge removal, or rupture from lowering lagoon liquid level below groundwater table. NOTE: If lagoon water is allowed to overtop the dam, the moving water will soon cause gullies to form in the dam. Once this damage starts, it can quickly cause a large discharge of wastewater and possible dam failure. 1Y. JJ It j IP L-- Fi r;- Lj LJ -7. r-1 ci- IF - L 1 C! rul u rd Ci ]JI 7 - Li_ .7 Lr :7 Cr j.i i +,.8EEDING tREGIFICATIONS No-. I AFcEA-':TO- B_XSEEDED C APPLY THEFOLLOWING . , USE .THE SEED MIXTURE A "=INDICATED .Y?� la9na.. caNsf coryoj.i.,i X ) tsw• Pcrary $MA tj grmi-1 ( � �i7r tti GD MMWcI� scup j.� - ( ) 40001b.S. .S'SS--L FERTILIZER S TON,-pbLOMITIC: LIMESTONE 400 BALES SMALL GRAIN STRAW ZOO LBS. FESCUE GRASS 140 LBS. OATS 200 LBS. DAHIA GRASS 16 LBS.' WEEPING LOVE GRASS 48 LBS: HULLED -BERMUDA GRASS SO LBS. UNHULLED BERMUDA CRASS DIVERTALL WATER TO A STABLE OUTLET CIHE NEAREST RESIDENCE IS 1300 - FT. -T.B.M_ 50.00 ELEVATION DESCRIPTION Na i I in 18" poplar approx . 250 ' f t. West 1-1f sta. B 0+00. .VERY IMPORTANT - PLEASE READ CAREFULLY THE LAGOON AND THE AREA AROUND THE .HOG HOUSES MUST BE SEEDED WITH EITHER A TEMPORARY OR PERMANENT GRASS, DEPENDING ON THE TIME OF THE YEAR, WITHIN TkT TY (00) DAYS FROM THE TIME THE BUILDINGS ARE COM- PLETED AND READY FOR USE. (WE RECOMMEND THAT THE LAGOON AREA, SIDE SLOPES, DRAINS AMO ETC.. AS WELL AS THE SIDE -SLOPES OF THE PAD BE SEEDED WITHIN FIFTEEN (15) DAYS AFTER ,CONSTRUCTION. THE SOIL WILL. NOT DRY OUT AS MUCH IF SEEDED WITHIN THIS TIME FRAME WHICH WILL RESULT IN A MUCH BETTER STAND OF GRASS .) SHAPE AREA TO BE SEEDED. INCORPORATE LIME AND FERTILIZER AND PREPARE A' a" SEEDBED. SECURE MULCH AND FIRM SEEDBED WITH A.DISK, C,ULTIPACKER, OR SIMILAR EQUIP. ,.. 'F'AGE:� -. er-h � ,. c ,� -�� *S� � ' _ cry DEPTH. AREA OF TQP + .AREA OF BOTTOM + 4. n AREA' 17F, MIDSECTTOhl7 _.VOLUME _ - ... .,_.____ ----- - ------------------ - _77 �r.0 .; 7 - -. DEPTH L:,...., X W +. L x W + 4 X . • L `"x ; + W I .. .., .. -VOLUME- _ ---------- _-----.--=-----. -------------�--------``__ i . G 27 10.0 1 - " ' 408 "X' 16:3 + 348. X 108 + I! 4 x - 378 'x 1381 f `-'.-..VOLUME _ - - - - - - - - - - - - --------- ------------------------------------- 6.0 27 10.0 1 3147843 VOLUME =----------- ------ 0 7' 5'24 a40.0 CU . FT. VOLUME_ ----------- 27 , 0 'VOLUME 1 CU . YDS . 7*156 0.0 762-1F ,7 S I Dc SLI_JF"17 _... 1 ,a.ft.. cu. ft. needed DEPTH [ AREA OF TOP- +- ARE'A OF BOTTOM + 4 X AREA OF MIDSECTION] VOLUME_ ---------- - ------=-------------------_..---_•-_---__-__-_----_-- �.. 0 2- 7 DEPTH I L x W + L X-- W + 4 x L X W } VOLUME_ --------- ---------------------------,__---------- 6 27 10.0 1 Z58 x 133 + 198 X 73 + 4" x 228 X 1033 VOLUME_ ----__._.-_ ----------------------------- --------------------- .O 27 10.0 1 1427041 VO UMC 0 27 '2378 40.0 CU . FT . VOLUME _-------•-- L7.0 VOLUME = 8808.9 C:U . YDS . 39150-0 5 .,ft. 0.0 cu. ft. needed :SIDE SLOPES 3:1 Y F +Ii Nam[" ..+ M1 •yt' Y' 7{, it T .s^ iPX J u ep A F {FP 1 r ti r - III kx y i Y Animal. -waste Iagoons',are,:_des 1Sned.:with permanent storage (waste treatment volume)''and temporary•storage.- The -designed b month temporary storage is -an estimated = volume based on: 1) waste ..from animaES;"2) excess rainfall' after evaporation; and 3) the. Iargest.24 hour (one day) rainfall that occurs on -the average of once every 25 years. The. -volume of waste generated -from a. given number of animals will 'be fai r.l y constant, throughout the .year. and from year to year. The excess rainfall will vary. greatly during the year and ..from year to year. '-Th I s estimate . i s:°:based on T i nches of excess rainfall which is equal 'to or 'exceeds the highest 6 months excess in a year. The average.:.annuaI excess rainfall is.approximatel-y.'S inches: Therefore, an average 'of 8 inches of excess'rainfalI aiIV need' -to be pumped each year. ' The. 25 year rainfa.l'l wi'l 1' not be a factor to consider - in an annual pumping cycle,' but 'this storage volume must always be available. A maximum elevation is;determined in each -design to begin pumping and this -is usually the outlet invert of pipe from bui Id'ing(s).`. .If the outlet pipe is not installed on the .eIevatIon to begin pumping, a permanent marker must be,-instaIIed'on this elevation to'indicate -when pumping should begin. After initial. filling of lagoon, a minimum b feet depth must be' -maintained for- anerob i c treatment of waste. An,eIevation..must be.estabIished 'to stop. pumping to ma'E nta i n th6— m i r� i mum treatment 'depth . Pumping can be' started _or -.stopped anyt1me..betwee'n these two el.evatEons for operat1ng convenience..so.".Iong as site conditions permit.(conditions are weather,. soil, crop, and equipment to apply waste to prevent runoff or leaching). For this lagoon the maximum elevation to••�begin pumping is 49.3" feet and- the minimum, elevation to pump to is 4_6.S feet. The design temporary storage, less 25 year -storm, Vs LL0133 cub 1 c f eet or jjjLQj¢ ga I I ons. - As stated before,' th i s vo.] ume will vary considerably from.•year to year. - This lagoon is -designed to flush buildings with recycled lagoon liquid, and fresh water should not be used for flushing after initial filling. I i ''r.-:.'r��.M<��. I� - ': s.A3����'F 4��iff _ a..'{ � t;`�44�hi+T ,� y.- �-a2�.:• - DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 kLMINGTON, NORTH CAROUNA26402-IM �v February 94; 1991 W a04xMnM To Mr. Richard -Lanier--_-, Route .2 , Box- 95 Beulaville,• North. Carolina 28518 Dear Mr. Lanier: This letter'is in -response to the pre -discharge notification that was received from -you on January 22, 1991, concerning a proposed hog Lagoon. project in Duplin County,, North' Carolina (copy enclosed). Your -pre -discharge notification indicates that total adverse impacts to waters of the United, States and/or. adjacent. wetlands will be no more than 3.0 acres. - The period allowed by regulation for us to review your pre -discharge notification has expired. Consequently, your proposed project is authorized provided it complies with the criteria for authorization by -Nationwide Permit No. 26. A separate Department of- the Army permit is not required- providing:the work is performed as described in the pre -discharge notification and in accordance with the conditions listed in 33 CFR 330.5(b)(1-14)=(copy of list enclosed). Other. State and. local authorizations may also be required. This verification will be valid until the nationwide permit is modified, reissued, or revoked. . All nationwide permits are scheduled to be modified, reissued, or revoked prior to January 13, 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation to complete the -activity under the present terms and conditions of this nationwide permit. Thank you for your cooperation with our permit program. Sincerely, ne Wr ht *C!ite, Regulatory Branch Enclosures g, p3i h, w'!rtS_ skiff yX+ii •�^r ! t_.,' '�''3�ti': 'f 7 f -:r ;..p� ,l� - '�..� • - ♦mil• - ii uff4z)ll - �' State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental M *ement >: 512 North Salisbury Street • Raleigh, North Carolina.27611 James G. Martin, Governor George T. Everett, PKD. Vabxn W. Cobey, k4 Secretary Director i November 9, - 199D .., Mr. Richard•F. Lanier Rt. 2,., Box 9.5 Beulaville, North Carolina 28518 Dear'Mr. Lanier: Subject: Proposed Fill in Headwaters or Isolated Wetlands Proposed Hog Houses and Lagoon Duplin County Upon-review-of.your request for_.Water Quality -'Certification to place fill material in wetlands adjacent to Muddi�Creek,•we have determined that the proposed fill _,-( approxar;iately 3 acres effected).can-be--covered by General'Water-Quality:'Certification No. 2176 issued November 4, 1987. A copy'of the General certification is attached.. This Certification may be.used in. qualifying for Lcoverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact Bill Mills at 919/733-5083. Sincerely, "k,10ko, George T. Everett GTE: BM Attachment cc: Wilmington'District Corps of Engineers Wilmington Regional Office .Po aWGn Prevention Pays . P.O. Box 27687, Raleigh, North Ana 27611-7687 Telephone 919-733-7ot5 An Frtttal C)rxxxhlnifv Affirmtfhr. Action Ernnlover WWI rr�_F_ c e f s wz: T DEPARTMENT-4F THE ARMY. ' 1/// - WlLbA1NGTON DISTRICT`CORPS OF ENGINEERS. :. BOX 1890 - y WILMlNGTON NORTH WOUNA 2M2-1890 Mr. Richard Lanier Route 2, Box 95 " Beulaville, North Carolina-:,28518 -- Dear Mr. Lanier: .On June 22,'1990``Mr.`Boyce, Boyette of. the Duplin County Soil ;Conservation; Service met with-Mr',Zeff Richter :."of my'staff on your property adjacent to a . tributary 'of Muddy ,Creek z nor tii`�.df: S.R:'1812,' near- the Cedar, Fork:.community,- - southeast of Beulaville ;'in,�Dup]an-County,- North Carolina, to -discuss your proposed hog operation:~"":. Your work involves'the'constiuction of hog houses on an existing hill in a corn field, while the lagoon is tentatively to'be constructed in a low area. Mr. Richter determined that the'site.for the lagoon is a wetland under our jurisdiction, and will require authorization from this office prior to -- beginning any work. -Based on Mr. Boyette's description of the' site:, plan,.:it:,;,.: appears that approximately."2,acres of wetlands will be impacted;°and these wetlands are located above•thd'-headwaters`of the Muddy Creek .tributary., " Your proposed placement "of this ° fill. material may qualify- fore Federal'. authorization pursuant to nationwide permit (33 CFR 330.5(a) (26))'.". Please-' complete the enclosed pre -discharge notification (PDN) form, and submit it with a copy of your Section 401 Water Quality Certification from the North Carolina Division of'Environmental Management. The.Section 401 Certification is required to validate -Nationwide -Permit No. 26 in the State of North Carolina; therefore, it must'be submitted with the PDN application. .We cannot proceed with the processing of your application until,after we have received your.completed.PDN form and the 401 Certification.; Questions or comments may be addressed to Mr. Richter, Regulatory Branch, telephone (919) 25.1-4636. Sincerely, G.. Wayne Wright Chief,.Regulatory Branch Enclosure 41. 7-7 - - Y". m SENDER: ■ Complete items 1 and/or 2 for additional services. 0 ■Complete items 3, 4a, and 4b. r Print your name and address on the reverse of this form so that we can return this card to you. > ■ Attach this tone to the front of the mailpiece, or on the back if space does not permit. ■ Wdte'Retum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date c delivered. 0 3. Article Addressed to: 4a. Article t. LCX n Z 31 E D , � 1}�1 � � 4b. Service I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. CP G v ` ❑Registered certified 12 ®� Q r k nn ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD c IO 7. Date of Delivery /q 5. Received By: (Print Name) 8.Addressee's Address (Only if requested and fee is paid) g 8. Signet re: (Address a eni) _m 1 { PS FOlrit'3811, DedBmt1er1994 102595.97-B-0179 �Or rn First -Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-10 0 Print your name, address, and ZIP Code in this box • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES 127 CARDINAL DRIVE EXTENSION WILMINGTON, N.C. 28405-3845 1��l�liti�i��l�Elf�}��►i�f���l��l��l�����i�i�����f�lf���lt�l,i� 1 � � State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality November 7, 1997 Certified Mail # Z 312 636 679 Return Receipt Requested Richard Lanier Richard Lanier Hog Farm 806 Fountaintown Road Beulaville, North Carolina 28518 RCDENR NORTH CAROLINA DEPARTMENT OF ENV[RONMENT AND NRuRAL RESOURCES Subject: NOTICE OF DEFICIENCY Richard Lanier Hog Farm Facility Number: 31-134 Duplin County Dear Mr. Lanier: On November 6, 1997, staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon serving this operation. During the inspection, it was observed that soybeans and wheat have been grown in spray fields designated as corn in your certified animal waste management plan. Your certified plan should be modified to account for these cropping options. In addition, it was observed that erosion cuts on the inner wall of your lagoon could eventually threaten the integrity of the structure. These cuts should be properly filled and revegetated immediately. We suggest that you contact your service company, local NRCS office, or Soil and Water District office for any assistance they may be able to provide to correct these situations. You must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions are being taken to correct these deficiencies. Failure to do so may result in the facility losing its deemed permitted status and being required to obtain an individual non discharge permit. 127 North Cardinal Dr., Wilmington, North Carolina 28405 'telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper L Richard Lanier November 7, 1997 Page 2 Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Helminger, David Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, -X� Andrew G. Helminger Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, N.C. Division of Soil and Water Conservation Jimmy Neuhoff, Neuhoff Farms, Inc. Operations Branch Wilmington Files a . S:1 WQS1 ANDYA 131-134. DEF t Z 312 636 679 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. �Q wo not use tor imemauariat snail See reverse semg c - oe, r4 Z1P IQ Postage f s Cerb@ed Fee Spada) Delivery Fee Resi kud DeMry Fee rn Retum Raoaipt Showing to f Whom a Date Dalvared 1 MM RODEO ffi-n to whom, Data, d Ad� 0 TOTAL Poste Postmark or LL 0 _ I27 North Cardinal Dr., Wilmington, North Carolina 28405 An Equal Opportunity Affirmative Action Employer Telephone 910-395-3900 FAX 910-350-2004 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Richard Lanier Richard Lanier Hog Farm 860 Fountaintown Rd Beulaville NC 28518 SUBJECT: Operator In Charge Designation Facility: Richard Lanier Hog Farm Facility ID#: 31-134 Dupliun County Dear Mr. Lanier: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerel A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687. N4CAn Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 - - 50% recycled/10% post -consumer paper State of North Carolfi'rd Department of Environment, Health and Natural Resources SEP 1994 • ' Division of Environmental Managem t 10 .lames B. Hunt, Jr., Governor .................... . Jonathan B. Howes, Secretary p H N F1 A. Preston Howard, Jr., P.E., Director September 21, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED RICHARD BURROWS RICHARD LANIER 860 FOUNTAINTOWN RD. BEULAVILLE NC 28518 SUBJECT: Request for Remission of Civil Penalty Pursuant to N. C. G. S. 143-215.6A(f) File No. CF 94-02 (DupiiH-County Dear Mr. Burrows: Your request for remission has been placed on the agenda for the October 13, 1994, meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina (see enclosed map). You should arrive no later than 11:00 am. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner, (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. 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 Page 2 September 21, 1994 You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed approximately fifteen minutes for your presentation. Your cooperation in this matter is greatly appreciated If you have any questions concerning this matter, please call Dianne Williams Wilburn, Supervisor of our Water Quality Compliance Group, at (919) 733-5083, ext. 233. Sincerely, A. Preston Howard, Jr., P. . cc: DEM Regional -Office Enforcement File State of North C9 lina 'T(gagsNa .40 Department of Environment, NOY 09 1994 Health and Natural Resources ` E Division of Environmental Managef t............. James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MR EUGENE BUTTS BIG PINES MHP 382 HIGHWAY 24 EAST MIDWAY NC 28544 Dear Mr. Butts: ID EE F1 November 4, 1994 SUBJECT: Big Pines MHP CASE NO. WQ 89-55 NPDES PERMIT NO. NCO051471 Onslow County The Division of Environmental Management has closed the above subject case and rescinded the assessed civil penalty based on the recommendation of our Wilmington Regional Office staff.Please be advised that additional assessments may be levied for future violations which occur after the revierw period of this assessment. If you have any questions concerning this matter, please call Dianne Williams Wilburn at (919)733-5083. Sincerely, Preston Howard, Jr., P.E. cc: Attomey_General's_Office VVRmington-Regional-Offices Enforcement File Central Files 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 Celina 2WEEE T29 Department of Environment, NpV 0 9 1994 Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director RICHARD LANIER 860 FOUNTAINTOWN RD. BEULAVILLE NC 28518 SUBJECT: Acknowledgment -receipt letter County: CDupiin-j Case No. CF 94-02 Dear Mr. Burrows: 1:3EHNFI November 4, 1994 This is to acknowledge receipt of your check No. 6944 in the amount of $2103.28 received from your attorney on November 3, 1994. This satisfies in full the civil assessment levied against Richard Lanier and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of the NPDES Permit. If you have any questions please call me at (919)733-5083,ext: 233. S' cerely, K4.4� ianne Williams Wilburn, Supervisor Enforcement/Compliance Group DWW/bc cc: Regional Office Enforcement/Compliance File Richard Burrows 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 JL Nov a 3 1994 State of North Carolina REPLY To: Francis W. Crawley MICHAEL F. EASLE'Y Department Of Justice Environmental Section ATTORNEY GENERAL [�, n, BOX ��) RALEIGH (919) 733-5725 276C7?-0629 (919) 733-7247 October 31, 1994 Mr. Richnrd F. Lanier CERTIFIED MAIL 860 Fount•nintown Road RETURN RECEIPT Ui,EqUESTED Beaulaville, North Carolina 28518 RE: Assessment of Civil Penalty Against Mr. Richard F. Lanier (2,F 94-02 Dear Mr. Lanier: You will find enclosed the Final Agency Decision of the Environmental Management (:'•ornmission assessing civil pennities and investigative costs as set forth in the decision document. Becuuse YOU waived the right to an administra- tive hearing when you requested remission of the civil penalty, yoti have no statutory right to a review of the final decision in the courts of this State. Accordinglv, you must submit payment of the civil penalty assessment and investigative casts to the DepmInient of Bnvironment, Health and Natural Resources within 30 days of, recoilit of this final agency decision by mailing a bank or certified check. The check should be made pavahle to the Department of Fnvironment, Health and Natural Resources and the mailing envelope addressed as follows: Nancy K. Andrews Department. of .lustice Environmental Division P. O. Box 629 Raleigh, North Carolina 27602-0629 If you frail to pay the penalty within 30 days of receipt of the final deci- sion document, this office will seek to collect the amount due through a civil action commenced in Superior Court. FWC/rr enclosure Very truly yours, Francis W. Crawley Special Deputy Attorney General An E_quMl opportunity / Affirmative Action t~mplover d C-1 0 STATE OF NORTH CAROLINA COUNTY OF Duplin IN THE MATTER OF: ) } Assessment of Civil Penalties ) Aga.i ns t ) Richard F. Lanier ) BEFORE THE REM'FSSTON COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION , � � TEE CF 94-02 OCT 31 1994 FINAL DECISION ENVIRONMENTAL MANAGEMENT' COMMISSION `11IS MAT''ER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. 143-21.5.6A and 143B-282.1, on October 13, 1994, upon recommendation of the Director of the Division of Environmental Management for entry of a final decision on the assessment of civil penalties and investigation costs against Richard f. Lanier in the amount of $3,603.28 ($6,000.00 plus $603.28 investigative costs). Richard Lani_er's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Division of Environmental Management was represented by Mr. Rick Shiver, Regional Supervisor in the Wilmington Regional Office, and Richard F. Lanier was represented by Richard Burrows, Esquire of Wallace, North Carolina. Having considered the record, arguments of the parties, and the factors set forth in N.C.G.S. 143B-282.1(b) and (c), the Com- mittee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment. of Civil Pen- alties -as stipulated by Richard F. Lanier, and that the Director properly applied the criteria set forth _i_n N.C.G.S. 143B-282.1 in determining the amount of the civil penalties. The Committee r -M -2- further finds that there are grounds for remission or reduction of the penalties assessed by the Director for the reason that Richard Lanier, believing wastewater could not be sprayed at all when the ground was wet and lacking data on the normal rate of fill for the lagoon, inadvertently allowed the lagoon to dis- charge over the dike. Upon duly made motion and vote, the Com- ntittee finds that the assessment in the amount of $3,603.28 should be reduced to $2,103.28 ($1,500.00 civil penalty plus $603.28 investigation costs). THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties in the amount of $2,103.28 against Richard F. Lanier is AFFIRMED. 2. That this Final Decision and Order be served upon Rich- ard F. Lanier and upon receipt hereof., the amount of $2,103.28, be paid to the Department of Environment, Health and Natural Resources. This the a6 day of October, 1994. 9'0L&-L /d . Pe't&_4- . Charles H. Peterson, Vice -Chairman Environmental Management Commission -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the meth= ods indicated: Mr. Richard F. Lanier 860 Fountaintown Road Beaulaville, North Carolina 28518 Richard L. Burrows, Esquire P. 0. Box 816 Wallace, North.Carolina 28466 Mr. Rick Shiver Regional Supervisor Wilmington Regional Office Department of Environment, Health and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 This the ,,-?f day of October, 1994. Lanier. Cc CERTIFIED MAIL RETURN RECEIPT U.S. MAIL U.S. MAIL MICHAEL F. EASLEY Attorney General Ca:n�c�is W. Crawley Special Deputy Attorney eneral N.C. Department of Justice P. 0. Box 629 Raleigh, N.C.- 27602-0629 919/73:3-5725 0 State of North Carolin Department of Environment, Health and Natural Resources Division of Environmental Manageme SEP 1,91994 James B. Hunt, Jr., Governor _ _ Jonathan B. Howes, Secretary �173 E H N F=1 A. Preston Howard, Jr., P.E., Director September 14, 1994 MR. RICHARD F. LANIER C Q t ©4Z -3 RICHARD F. LAMER HOG FARM 860 FOUNTAINTOWN ROAD BEULAVILLE NC 28518 Subject: Request to Appear before Committee on Civil Penalty Remissions Richard F. Lanier Duplin County File No. CF 94-02 Dear Mr. Lanier. The Division of Environmental Management has received your request dated August 26, 1994, to appear before the Committee on Civil Penalty Remissions. You will be notified by certified mail of the scheduled place, date, and time for the meeting. Should you have any questions, please contact me at (919) 733-5083, ext. 233. Sincerely, Dianne Williams Wilburn, Supervisor Compliance/Enforcement Group cc:ZWilrningtan.Regional.Offi ee Enforcement File 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 AUG # 19941 ` • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Certified Mail Return Receipt Requested Mr. Richard F. Lanier - Richard F. Lanier Hog Farm 860 Fountaintown Road Beulaville, NC 28518 Dear Mr. Lanier: -----------------..... 1Alliillllilliliii - _j C) FE N F1 August 11, 1994 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Richard F. Lanier r County: Duplin File No: CF 94-02 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $3603.28. Should you choose to pay the full penalties, you may tender payment to me at the letterhead address below on or before August 31, 1994. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue against any reduction of the assessment. P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper Page Two Should you choose to present your request to the committee please notify me at the letterhead address on or before August 31, 1994. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. H a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. Thank you for your cooperation in this matter. Since ly, JE A. Preston Howard, Jr., P cc: Attorney Generals Office Y;ilmington Region`a1-Of_f ce Enforcement File State of North Carolis Department of Environment, Health and Natural Resources 4 • 4 Division of Environmental Management. A0_%ft00_%=W00% 2 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID C A. Preston Howard, Jr., P.E., Director May 17, 1994 (� MAY 2 0 1994 ATTN: RICHARD L. BURROWS BURROWS & HALL 317 N. NORT 4WOOD STREET P.O. BOX 816 WALLACE, NC 28466 Re: Request for Remission of Civil Penalty Richard F. Lanier Hog Farm File No. CF 94-02 Duplin County Dear Mr. Burrows: The Division of Environmental Management has received your request for remission of civil penalty dated May 13, 1994, with accompanying support information. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the results. Should you have any questions, please feel free to call me at (919) 733-5083, ext. 233. Sincerely, 4z; z jN Dianne Williams Wilburn, Supervisor Compliance Group cc: Regional Office wlattachments Enforcement/Compliance Central Files Richard F. Lanier 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 ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Duplin IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO. CF 94-02 Having been assessed civil penalties totalling $3, 000. 00 for violation(s) as set forth in the assessment document of the Director of the Division of Environmental Management dated, April 15, 1994 , 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. This the /C? � day of May '' ice:' ... ■ ADDRESS P.O. Box 816 Wallace, NC 28466 19 94 Attorneys for Richard F. Lanier (910) 285-3600 STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMM'N. COUNTY OF DUPLIN FILE NO. CF 94-02 IN THE MATTER OF ] RICHARD F. LANIER ] REQUEST FOR MITIGATION OF PENALTIES Now comes, Richard F. Lanier, (hereafter "Lanier"), by and through his counsel, Richard L. Burrows, Attorney at Law, and respectfully requests that the penalty and cost assessments in the total amount of $3,603.28, be reduced or forgiven, and shows in mitigation as follows: 1. The investigation of Lanier's swine containment facilities were conducted as a result of a complaint that Lanier had sprayed waters from a swine facility lagoon onto wet fields, and during the inspection the investigators determined that some of the lagoon waters were seeping over the lagoon dike. 2. Lanier had purchased an effluent spray unit consisting of a hose reel spray system and John Deere pumping unit on or about April 13, 1993, a ccpy- of the i n:,-cice being hereto attached and made a part hereof, in preparation of keeping the lagoon pumped out at a low enough level during the summer and fall of 1993, to avoid having to pump during the winter and early spring of 1994, at a time when the land was customarily very wet. The lagoon was maintained at a. level that Lanier thought was sufficient to safely keep the water level two feet or more below the dam surface and avoid having to spray when 'the weather was bad, but since this swine facility was new he had not previously experienced what level the lagoon waters should be maintained at during the summer and fall, and did not have any historical data to determine how much additional water could be reasonably expected during the winter and early spring. in addition, the area in which Lanier's facilities .are located experienced very heavy and extended rainfalls during the winter and early spring, which he is informed, caused more water than normal to fill the lagoon. As a result of those factors the lagoon filled to and somewhat beyond the anticipated two foot safety level. 2. During that same period Lanier attempted, on several occasions, to pump the lagoon to a lower level, but due to the extended rainfalls and wet soil conditions, he was unable to do so without an increased danger of the sprayed effluent running off of the land into ditches and into streams. He was informed that he could not spray the effluent under such wet conditions. 3. Prior to and at the time of the inspection and determination that the lagoon waters were seeping over the top of the dam, Lanier had been and was attempting to spray the excess lagoon water onto the land sites, but had not been able to substantially lower the water level because of the wet weather and land condition. However, at the time of the inspection, Lanier was advised by the DEM representatives that he had to spray the effluent and lower the lagoons, notwithstanding the wet soil conditions, and he immediately did so. Lanier would have sprayed the effluent earlier to avoid the runover, but understood that he was prohibited by DEHNR regulations from doing so. 4. As a result of this experience and the knowledge that he gained from it, Lanier advises that he knows the level to keep the lagoon pumped down to in the summer and fall to avoid it overfilling in the winter and spring. He previously sprayed only on crops, but is engaged in providing additional spray areas, which will include bermuda and rye grasses. Lanier is in the process of developing an overall plan with the Duplin County Soil and Water Conservation office in Kenansville, North Carolina, consistent with the information he learned from this event. 5. The amount of overflow was not substantial and the lagoon dike not breached. Further, the top of the dam was heavily t vegetated with grasses, which provided some degree of filtration of the overflow water that seeped over the dam area, and no appreciable harm was caused to the .streams referred to in the assessment. 6. Lanier has not been previously assessed any penalties for any similar or other violations of N.C.G.S. § 143-215.1, et seq. WHEREFORE, Lanier respectfully requests that all or a substantial part of the civil penalties and costs previously assessed against .him be abated and/or reduced based upon the unintentional and inadvertent overflow that resulted from Lanier having incorrect information about when and under what circumstances he could spray the swine effluent, and the fact that the condition was immediately abated by Lanier upon being informed that he should and could pump and spray the effluent. Dated: May 1-3 , 1994. Burrow" & Mall By: ch d L. Burrows Attorney for Richard F. Lanier State Bar # 637 P. O. Box 816 Wallace, North Carolina 28466 (910) 285-3600 CERTIFICATE OF SERVICE I, Richard L. Burrows, Attorney for the defendant herein, do hereby certify that a copy of the foregoing Request for Mitigation of Penalties was served upon counsel for the plaintiff by mailing a copy postage pre -paid to Mr. Steve W. Tedder, Water Quality section Chief, Division of Environmental Management, P.O. Box 29535, Raleigh, N.C. 27626-0535. Dated: May /J 1994 Ri and L. Burrows lnvdem.ans • ROSE HLLy --- INVOICE — EASTERN A G1RI-SYS'TEM INC. Highway 117 North Phone 919-289-3400 P.O. Drawer 850 Rose Hill, North Carolina 28458 HILL TO: lAasing Unlimited F*0. Box 202 Southern Pines, NC 28388 MEMO 197 i SHIP TO: pill ism # Richand Lanier >iRt0.2V* tox 93 �Baulaville, H.G. 2851F UrLVD. BY DATE SNIFFED INVOICE DATE REC'D BY TER,LIS 4-• --93 "13-93 U on Delivery AMOUNT DESCRIMON UNIT TOTAL i ATZ-125-•1250 Bose Real Serial Number Ys3TE123.380.RK 9301-21 21,802.0 i John Deers ?muting Unit 6059D Serial Number 392242 11,350. 15000 6" Alum Pipe 2.50/ft 3,750.0 2 6" lira Tees 84.00 166,0 2 6++ End Caps 22.00 444 0 2 6"..90 Elbows 52.1,00 104, 2 6+1 45 l:lDor+a 51.00 102.0 i 10' Supple Bose - 240.0 10 6" CL Clamps -. 90.0 'fax 2 04.9 - ;'Total Due 537,854.9 \t PLEASE NV'I'L: A Penalty Charge of I Yz %per month (annual raft of 1896) will be added to all accounts over 30 days past due. OiOGWAL imW CE—WHJTH WftrC TE HWWirf.•!—WrNIe FlLE COPY--4KEN FILE COPY--PWK GQP`r Av c_ ` -State of North Carolina e Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 18, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Richard F. Lanier Richard F. Lanier Hog Farm 860 Fountaintown Road Beulaville, North Carolina 28518 gh "i �FA E:)EHNFlo APR 9 1 1994 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215(e) Dup" County File No. CF 94-02 Dear Mr. Lanier: This letter transmits notice of a civil penalty assessed against Richard F. Lanier in the amount of $3603.28 including $603.28 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 pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 a 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 0 0 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management- P.O. Box 29535 Raleigh, North Carolina 27626-0535 KO 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, North Carolina 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Linda Forehand or Dianne Williams Wilburn at (919) 733-5083. Sincerely, r l A. Preston Howard, ATTACTB4ENTS cc: 1W..ilinington.Regional-Supervisor Compliance/Enforcement File Central Files Public Information Office 0 STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF RICHARD F. LANIER FOR A VIOLATION OF G.S. 143-215(e) CONSTRUCTING A CONVEYANCE FOR THE -WILLFUL DISCHARGE OF POLLUTANTS TO WATERS OF THE STATE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. CF 94-02 FINDINGS AND DECISION AND. ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143- 215.6A, I, A. Preston Howard, Jr., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Richard F. Lanier is the owner/manager of a swine feeding operation on the north side of NCSR 1812 , in Duplin County, North Carolina. B. On February 11, 1994, DEM staff observed the willful discharge of wastewater from an animal waste lagoon entering a wetland swamp which is tributary to Big Branch, which is a tributary to Muddy Creek, which is a tributary to Northeast Cape Fear River in the Cape Fear River Basin. C. The waters of Big Branch and Muddy Creek are classified as Class C Swampwater waters of the State. The wetland swamp is Waters of the State. D. The costs to the State of the enforcement procedures in this matter totalled $603.28. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Richard F. Lanier is a "person" within the meaning of G.S.143-215.6A and G.S. 143-212.(4). B. Big Branch and the wetland swamp constitute waters of the State within the meaning of G.S. 143-215.1 (a) (1) and G.S. 143-212 (6) . C. The discharge of waste over the dike of the waste lagoon due to failure to operate the spray irrigation system constitutes willfully discharging pollutants into waters of the State in violation of G.S. 143-215(e). D. Swine waste from this waste lagoon is a "pollutant" as that term is used in G.S. 143-215.(e). E. A civil penalty of up to $5,000.00 may be assessed pursuant to G.S. 143-215.(e). F. The State's enforcement costs in this matter may be assessed against the responsible person pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, -Division of Environmental Management, pursuant to delegation provided for by G.S. 143- 215.6A(h) , has the authority to assess civil penalties in this matter. Based on the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Richard F. Lanier is hereby assessed a civil penalty of: $ for constructing a conveyance for _140acC> 400 the purpose of willfully discharging pollutants to waters of the State in violation of 143-215 (e) . $ TOTAL CIVIL PENALTY, which is 60 _-;5�0 percent of the maximum penalty authorized by G.S. 143-215(e). $ 603.28 Enforcement costs. $ �'i 03. Z TOTAL AMOMNT DUE. 0 M As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282.1(b), which are: (1Y 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. el— lS - IV - —Z; (Date) A. Preston Howard, Jr. Director Division of Environmental Management STATE OF NORTH CAROLINA COUNTY OF ENVIRONMENTAL MANAGEMENT COMMISSION . IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling for violation(s) as set forth in the assessment document of the Director of the Division of Environmental 7. Management dated, , 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. This the day of ADDRESS TELEPHONE 19_ . DIVISION OF ENVIRONMENTAL MANAGEMENT January 24, 1994 JAN 31 1994 J TO: Forrest Westall - Mike Wicker Rex Gleason Tim Donnelly Roger Thorpe Dave Adkins Steve Mauney /� Ken Eagleson Dennis Ramsey Don Safrit Greg Thorpe r FROM: Steve Tedder SUBJECT: Guidance for Implementation of the Nondischarge Rule for Animal Waste Management (15A NCAC 2H G217) This memorandum is intended to provide additional internal guidance for Water Quality staff on implemention of the new nondischarge rules for animal waste management systems (15A NCAC 2H .0217). This guidance is divided into six general parts including late registrations, late certifications, failure to implement an approved plan, dry litter systems, case--by-case provisions and discharging systems. Shell documents for Notice of Violations (NOV) and civil penalty assessments, as appropriate, are attached for each of these cases. The Compliance Group in the Central Office will be issuing all NOVs for registration and certification violations since they will all include a civil penalty assessment from the Director beginning April 1, 1994. Therefore, in cases where DEM regional staff discover registration or certification violations, the regional office will need to complete the appropriate shell documents and submit to the Compliance Group for processing. For all other types of violations such as noncompliance with an approved plan, the regional office will initiate the NOV unless a civil penalty will simultaneously be assessed. The penalties are recommended guidance for use by Water Quality staff and have been discussed with the Director for his concurrence. The recommended penalties, however, are subject to case -by -case evaluation and may be adjusted accordingly. I. Late Registrations Animal waste management systems serving feedlots equal to or larger than 100 cattle, 250 swine, 75 horses, 1,000 sheep, and 30,000 birds using a liquid waste system are required to have been registered with DEM by December 31, 1993 in order to be deemed permitted. Pasture and dry -litter poultry operations are exempt from the registration dnd certfication requirements unless they are addressed under the case -by -case provision discussed in section V on page four. 15A NCAC 2H .0217 Implementation Guidance January 24, 1994 Page Two A. Voluntarily suj2mix:QQCiVC!A before April 1, 11294 Owners that voluntarily submit a registration between January 1 and April 1, 1994 automatically will be issued an NOV for having been out of compliance with an EMC rule. The registration, however, will be accepted and no enforcement action will be initiated. The Central Office will forward copies of all late registrations and NOVs to the appropriate regional office. See the attached shell "NOV for Voluntary Registration before April 1, 1994." The Central Office also will provide an updated list of all registrants by region to the regional offices. B. ForForggd RegistratignS Before April 1. 1994 Animal waste management systems that are found not to be registered between January 1 and April 1, 1994, but are so required shall be issued an NOV with a 30-day deadline to submit the registration. No enforcement action will be initiated if the registration is submitted by the deadline. See the attached shell "NOV-for Involuntary Registration before April 1, 1994." Another NOV with a civil penalty assessment will be initiated if the deadline is not met. The second NOV will also include a notice to apply for an individual nondischarge permit within 30 days if the registration is not received by an additional 30-day time period. An automatic penalty of $250 is recommended. See the attached "Registration Late before April 1, 1994 Assessment Shell." C. Registrations received on or after_ April 1. 1224 i. An NOV with a civil penalty assessed by the Director will be initiated against all owners that voluntarily submit a late registration on or after April 1, 1994. An automatic penalty of $100 is recommended. See the attached "Registration Late Assessment Shell for Voluntary Registration After April 1, 1994." ii. An NOV with a civil penalty assessed by the Director more severe than that assessed in C.(i) above will be initiated against all owners that are found to be unregistered as a result of a DEM staff visit on or after April 1, 1994. The NOV will provide a 30-day deadline for the registration to be submitted. An automatic penalty of $500 is recommended. See the attached "Registration Late Assessment Shell for Involuntary Registration after April 1, 1994." 15A NCAC 2H .0217 Implementation Guidance January 24, 1994 Page Three If the deadline is not met, a second NOV will be issued with another penalty and a notice to apply for an individual nondischarge permit w-ithin an additional 30-day period. An automatic penalty of $1,000 is recommended. See the attached "Second Late Registration Shell for Involuntary Registration after April 1, 1994." 11. Failure IQ obtain and submit a_ -Certification Beginning January 1, 1994, owners of new or expanded systems serving animals over the threshold numbers are required to obtain an approved animal waste management plan that covers the minimum criteria for design, construction, operation and maintenance and they must submit to DEM a certification of the plan signed by a designated technical specialist before animals are stocked at the feedlot. Regional office staff will need to be aware of new construction to ensure compliance and perhaps could make notification arrangements with local county officials or others. Ov.ners of existing feedlots that are required to register must submit a signed certification by January 1, 1998. The Central Office will be able to cross-check compliance for these operations through the registration database. A. NQw _Qr expanded__fegal is which becQme ooeratign4l between January gnd March 1, 1294,but fail to submit a certification. These operations will be issued an NOV with a 30-day deadline to submit the certification or else face penalties and the requirement to apply for and receive an individual nondischarge permit. This one month grace period in assessing penalties is provided to coincide with a one year period from the effective date of the EMC rule. See the attached "Shell NOV for Late Certification prior to March 1, 1994." If the certification is not received by the deadline, a more severe civil penalty will be assessed by the Director than that for failing to register and notice will be given to apply for an individual nondischarge permit within 30 days. An automatic penalty of $2,000 is recommended. See the attached "Certification Late Assessment Shell before March 1, 1994." B. New gr expandg,,d f;gdlots which become operational on or after March 1. 1994 but _fail to submit a certification. An NOV will be initiated against the owner of these feedlots with a civil penalty assessed by the Director and a 30-day deadline to submit a certification or apply for an individual nondischarge permit. An automatic penalty of $1,000 is recommeded. See the attached "Certification Late Assessment Shell after March 1, 1994." ti • 0 15A NCAC 2H .0217 Implementation Guidance January 24, 1994 Page Four If the deadline is not met, a second NOV will be issued with another penalty and a notice to apply for an individual nondischarge permit within an additional- 30-day period. An automatic penalty of $2,500 is recommended. See the attached "Second Certification Late Assessment Shell after April 1, 1994." C. Existing feedlots which fail to BlQmit a certification by January 1. 1998, An NOV will be initiated against the owner of these feedlots with a civil penalty assessed by the Director and a 30-day deadline to submit a certification or apply for an individual nondischarge permit. An automatic penalty of $10,000 is recommended. See the attached "Certification Late Assessment Shell After January 1, 1998 for Existing Operations." III. F4ilt ?,-Lo implement an annrovg_d_ animal waste management D 1. gn , Any new, expanded or existing feedlot which is not operated and maintained according to an approved animal waste management plan will be issued an NOV by the regional office. If necessary, recommendations for civil penalty assessments may be made to the Director based on the nature and severity of the violation. See the attached shell "NOV for Failure to Implement a Plan." IV. Dry -litter poultry systems and others not required to obtain a plan. Poultry operations using dry litter systems which are designed for 5,000 birds or less are not to be penalized for failure to comply with the record keeping provisions. All other classes of operations included in the nondischarge rule which do not require plans will be addressed only in response to complaints or water quality standard violations. See the attached shell "NOV for Dry Litter." V. Case -by -Case Provisions Although pasture and range operations (i.e., animals not in buildings) are exempt from registration and certification requirements, there may be instances where a portion of a pasture or range operation (such as a barren area) are the source of water quality problems and could qualify as a feedlot. Depending on the nature and severity of the water quality problems, these areas may be addressed under the case -by -case provision of the rule. However, in order to ensure consistency between regions and to concentrate on the more significant problems, it is recommended that the case - by -case provision should not be used for pasture operations if the barren area is less than one-fourth acre in size or if there is a 15A NCAC 2H .0217 Implementation Guidance January 24, 1994 Page Five vegetated buffer of at least 100 feet from the nearest barren area to perennial waters. - In general, the case -by -case provisions under the rule ( . 0217 ) may be used when necessary in response to complaints or discovery of water quality standard violations. Normally, the first step in using the case -by -case provision will be to request that an appro-:ed animal waste management plan be prepared and followed within: a certain time period. If problems persist, then an individ•_al nondischarge permit may be required. VI. Discharging Systems Animal operations that are found to be discharging wastewa_-er to surface waters of the state directly or through runoff fro7na a storm event less severe than the 25-year, 24--hour storm can be addressed through the discharge or nondischarge rules. However, now that the nondischarge rule for animal waste management has been amended, it will no longer be necessary to designate a facility as a concentrated animal feeding operation. If a facility has an intentional discharge, we can continue to assess civil penalties up to $5,000. Approved animal waste management plans in essence are -he nondischarge permits for the larger feedlots and the components of the plan are the conditions of the permit. All plans will incl.Ide operation and maintenance conditions, so persistent problems in this area that lead to water quality impairment can be addressed by the regional offices through the nondischarge rule as well as through the laws and rules that require permits for all wastewar-er discharges, that prohibit water Quality standard violations and that penalize willful dischargers. If there are questions' regarding enforcement of the nondischarge rule for animal waste management systems, please contact David Harding or Dianne Williams Wilburn. imp0217.mem, vol. 15 Attachments REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIO Department of Environment y Health and Natural Res 010E t ;-. 99� Division of Environmental Management , dJ' Rey J Water Quality Section 'bB'd4liry If the animal waste management system for your feedlot operat`ri ' designed to seri�d Mbte than or equal to 100 head of cattle, 75 horsesi 250 swine, 1,000 sheep, or 30y000 birds that are served by a liquid Waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly4 Farm Name _7C9 4� •�/� Mailing Address: County: Owner(s) Name: 1 Manager (s) Name:_ �r--� Lessee Name: Farm Location.(Be as milepost+ etc.): cific as possible:_ road nijmes, direction, Latitude/Longitude if known: Des ign...capaci.ty of- animal Was a management system (Number and type of -.confined. an'ima'l (s)) : 3 G 7-2-;�,,.�. AverageJ"animal _ opulation on the farm (Number and type of ' animal (s ) raised) • ._ 3 6 7 ,-2- 7,_ !%ram Year Production Began:M.2=-„ ASCS Tradt No,: Type of Waste- Ma agement System Used': Acres Available for -Land Application'of Waste: - Owner (s) ..Signature (s) -= DATE! Ar DATE: 3 1 - �3y '7 State of North Carolina IWA Department of Environment, - Health and Natural- Resources • Division of Environmental Management James B. Hunt, Jr., Governor ® F N PI Jonathan B. Howes, Secretary C. A. Preston Howard, Jr., P.E., Director March 23, 1994 Richard Lanier 860 Fountaintown Rd. Beulaville NC 28518 Dear Mr. Lanier: This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division,of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15NNCAC 2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certification form (copy enclosed) to DEM by December 31. 1997, New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. . We appreciate you providing us with this information. If you have any question about the new nondischarge Wile, please contact David Harding at (919) 733-5083. Sincerely, Steve Tedder, Chief enc: Water Quality Section P.O. Box 29535, Rdeigh. North Carolina 27626-0535 Telephone.919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper