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HomeMy WebLinkAbout310152_HISTORICAL_20171231NORTH CAROLINA Department of Environmental Qual �, SZ ROY COOPER W'ater R esou!-ces February 16, 2017 CERTIFIED MAIL 7013 1090 0000 6092 8873 RETURN RECEIPT REQUESTED Stan Bowles. 1552 Dobson Chapel Rd Magnolia, NC 28453 Subject: NOTICE OF DEFICIENCY NOD-2017-PC-0017 Administrative Code 15A NCAC 2T .1304 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No. AWS310152 Duplin County Dear Stan Bowles: MICHAEL S. REGAN S. JAY ZIMMERMAN �irec€ Upon review of requested irrigation records by the Staff from the Wilmington Regional Office (WIRO), it was determined that this facility was not in compliance in regards to land applying in accordance with Condition II.22. of the Swine Waste System General Permit No. AWG 100000, We wish to thank Mr. Bowles for cooperating and sending the requested irrigation records. As a result of this correspondence, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG 100000 as follows: Deficiency 1: Failure in land applying accordance with Condition H. 22. of the Swine Waste System General Permit No. AWG 100000: Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. Land application of waste shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located. Watches and warnings are posted on the National Weather Service's website located at: www.weather.gov. More detailed website information can be found on page 2 of the Certificate of *Coverage. Watch and warning information can also be obtained by calling the local National Weather %—Nothing Cor npares _._ State of North Carolina I Environmental Quality ! Water Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, NC 27699-1612 919 807 6464 Page 2 of 2 Service Office that serves the respective county, which can be found on Page 2 of the Certificate of Coverage. The Director may require any permittee to install, operate and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation. This decision will be based on the facility's compliance history for irrigation events. Staff from the Wilmington Regional Office (WIRO) received records of pumping events that this facility was not in compliance in regards to land applying in accordance with Condition 11. 22. of the Swine Waste System General Permit No. AWG100000. Required Corrective Action for Deficiency 1: ---- Please provide to our office, a description of the corrective action you will take to resolve this issue. You are required to provide a written response to this Notice by March 31, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. . If you have any questions concerning this Notice, please contact me at (910) 796-7386. Sincer , l 4son, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWQ Wihnington Animal Files 31-152 G:IWQLSharedlANIMALSIDUPLINX2016\31-152 NOD Environmental Quality June 6, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Stan Bowies Bowles & Sons Farm Inc Farm 2 607 Curtis Rd Warsaw, NC 28398 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: National Pollutant Discharge Elimination System (NPDES) Permit Requirement Facility Number: 31-0152 Dear Stan Bowles: According to our records, your facility was assessed for a discharge of wastewater to the waters of the state that occurred on 6/29/2015. As a result, according to the North Carolina General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency, you are required to apply for coverage under an NPDES permit. Within 90 days of receipt of this letter, complete and return the attached form, "NPDES General Permit Application— Existing Animal Waste Operations." Please carefully follow the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a General Permit, please contact us and we will forward you that application. Two copies of your complete Certified Animal Waste Management Plan are required with the permit application. Please refer to the checklist on page two of the application to be sure that all necessary documents are submitted with the application. A copy of the NPDES General Permit may be downloaded at our website: h :llde .nc. ov/about/divisions/water-resources/water- uali -re ional-o erations/afo If it is your opinion that your facility should not be required coverage under an NPDES permit, please provide written justification (such as change in ownership and management) so that the Division can make appropriate determination to your situation. RECEIVED/HCDERRIDWR juN D 7 2017 Continued... Water Quality Regional operations Section ifice Wilmington Reia State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Failure to submit the documentation as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date. If you have any questions about the NPDES permit or the enclosed application, please feel free to contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, Debra J. Watts, Supervisor . Supervisor, Animal Feeding Operations and Groundwater Protection Branch Enclosures (NPDES Application Form) CC. Wilmington Regional Office, Water Quality Regional Operations Section Duplin County Soil and Water Conservation District Facility File (AWS310152) Water Resources EMYIRONMENTAL QUALITY January 8, 2016 Stan Bowles Bowles & Sons Farm Inc. Farm 2 607 Curtis Road Warsaw, North Carolina 28398 PAT MCCRORY Governor DONALD R. VAN DER VAART se-etary S. JAY ZIMMERMAN Director RECEIVED/NCDENR/DWR JAN 12 2616 Water Quality Regional Operations Section WilrningtOn Regional Office RE: Acknowledgment of Receipt of Payment Case No. DV-20.12-0039 ' Farm # 31-0152 Duplin County Dear Mr. Bowles: This letter is to acknowledge receipt of your check No. 18552 in the amount of $5615.01 on January 8, 2016. This payment satisfies in full the civil assessment in the amount of $5615.01 levied against Stan Bowles and the case has been closed. if you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Program cc: Jim Gregson, Wilmington WQROS Regional Supervisor File # DV-2015-0039 WQROS Central Files State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional Operations 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 807 6464 Water Resources ENVIRONMENTAL QUALITY December 3, 2015 CERTIFIED MAIL - #7014 1200 000I 3432 6349 RETURN RECEIPT REQUESTED Stan Bowles Bowles & Sons Farm Inc. Farm 2 607 Curtis Road Warsaw, North Carolina 28398 Dear Mr. Bowles: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretan• S. JAY ZIMMERMAN RECEIVED/HCDENR/M DEC 0 9 2015 Water Quality Regional Operations Section Wilmington Regional Office SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 31-0152 Duplin County Enforcement File No. DV-2015-0039 Director This letter transmits notice of a civil penalty assessed against Stan Bowles in the amount of $4750.00, and $865.01 in investigative costs, for a total of $5615.01. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR Slate of North Carolina I Environmental Quality I Water Resources Water Quality Regional Orations Section 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 807 6464 Assessment of civil penalty Stan Bowles Enforcement # DV-2015-0039 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an-,4dministrative'hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. y ' Assessment of civil penalty Stan Bowles Enforcement # DV-2015-0039 Page 3 of 3 You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative- Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel DEQ 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807- 6340. Sincerely, Xons d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Jim Gregson, Wilmington WQROS Regional Supervisor w/ attachments File # DV-2015-0039 w/ attachments WQROS Central Files w/ attachments Duplin County Health Department STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF STAN BOWLES FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG 100000 AND NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FILE NO. DV-2015-0039 FINDING AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Stan Bowles owns and operates Bowles & Sons Farm Inc Farm 2, a permitted swine operation in Duplin County. B. Stan Bowles was issued Certificate of Coverage AWS310152 by the Division of Water Resources, under General Permit AWG 100000 for Bowles & Sons Farm Inc Farm 2 on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: make any outlets into the waters of the State". D. Condition No. 1. 1, of General Permit AWG 100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift manmade conveyance, direct application, and direct discharge or through ditches not otherwise classified as State waters," E. Condition No. III. 13.a of General Permit AWG100000 states in part that "the Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of the following event: Any discharge to ditches, surface waters or wetlands." F. On June 29, 2015, DWR staff from the Wilmington Regional Office (WIRO) received a complaint regarding animal waste discharge at Bowles & Sons Farm Inc Farm 2. Staff from WIRO inspected the farm and found that a discharge of approximately 5,000 gallons of animal waste into an unnamed tributary to Stocking Head Creek. The unnamed tributary is Class C, Sw waters of the State within the Cape Fear River Basin. DWR staff confirmed that animal waste reached the unnamed tributary directly south of the hog houses and bordering irrigation fields, which led directly to Stocking Head Creek. The discharge occurred as a result of a hog house pit that had been stopped up, creating a discharge. G. DWR staff from the WLRO had not received any notification of the discharge prior to the June . 29, 2015 inspection. H. Stan Bowles had no valid permit for the above -described activity. On August 17, 2015, the Division issued a Notice of Violation/Notice of Intent to Enforce (NOVINOI) to Stan Bowles identifying violations of N.C.G.S. 143-215.1 and General Permit No. AWG100000. J. The cost to the State of the enforcement procedures in this matter totaled $865.01 Based upon the above Findings of Fact, I make the following: Il. CONCLUSIONS OF LAW: A. Stan Bowles is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. Unnamed tributary to Stocking Head Creek constitutes waters of the State within the meaning of N.C.G.S. 143-215.1 pursuant to G.S. 143-212(6). C. A permit to operate an animal waste management system is required by N.C.G.S. 143-215.1. D. The above -cited discharge constituted making an outlet to waters of the State for purposes of N.C.G.S. 143-215.1(a)(1), for which N.C.G.S. 143-215.1 requires a permit. The discharge also violated Condition I.1 of General Permit AWG100000. E. The above -cited failure to provide notification to the regional office violated Condition No. I11.13.a of the General Permit AWG100000. F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.L G. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations; standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. H. The Chief of the Water Quality Regional Operations Section, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Stan Bowles is hereby assessed a civil penalty of.- LIO o a for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1, and in violation of Condition 1.1 of General Permit AWG I00000. $ StrJ For violating Condition III.13.a of the General Permit AWG 100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of wastewater discharge. $ 1,750 TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $ 865.01 Enforcement costs $ O1 TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty.. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Stan Bowles, in accordance with N.C.G.S. 143-215.6(A)(d). (Date) ADi s , Chief ality Regional Operations Section on of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Stan Bowles County: D_ uplin Case Number: DV-2015-0039 Permit Number: AWS310152 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The extent of harm cannot be easily determined. Typically waste discharge into a receiving stream is found to have very high levels of pathogens as indicated by fecal coliform bacteria. In addition, high levels of ammonia, nutrients and other organic matter which can lead to the depletion of dissolved oxygen. An estimated 5,000 gallons of animal waste discharged to surface waters. 2) The duration and gravity of the violation; The approximate time it would have taken the recycle pump to discharge the estimated 5000 gallons. 3) The effect on ground or surface water quantity or quality or on air quality; An estimated 5, 000 gallons of animal waste discharged to surface waters. The effects to groundwater and air were not determined. There is potential for eutrophication to occur and affect the environment and disrupt natural ecosystem. 4) The cost of rectifying the damage; The cost to rectify cannot be easily determined. Typical waste discharge into a receiving stream is found to have very high levels ofpathogens (i.e. Fecal Coliform bacteria), ammonia and nutrients. Damage to aquatic life, ecosystem and downstream surface water users is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is not known. Items to consider: Time clocks installed totaling $125.00. 6) Whether the violation was committed willfully or intentionally; The discharge seem to not be intentional. In the response sent by a representative, for Stan Bowles, they discovered a stopped up pit, in which it overflowed and ran under the back door and out of the hog house, which resulted in a discharge. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; 8) The cost to the State of the enforcement procedures. $865.01 / l a. l3 / I _ Date J Risgaard rev 1.0 - 8.31.09 ep.16.2015 09:63 AM BOWLES BROTHERS LLC 19102939904 PACE. 1/ 10 Murphy -Brown LLC July 2, 2015 Christine Blanton Divigion of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Mrs. Blanton; r0 1Jrnwet R56 2822 k-1wy. 24 West WatsAw. NC 2839E Tal: 910-293-3434 Vax: 910-293-6957 I am writing this letter for Tres Bowles response to an inspection by John Farnell dated 6/29/201 S. This inspection war. conducted because of a complaint about a possible discharge unknown to me until advised by Mr. FarnelI. The following comments are what is known by the grower and the steps taken to prevent any further occurrence. A. There aro 3 full time employees at Bowles and Sons Farms 11 Facili --15 Dobson Chapel Rd. Magnolia, NC. On June 29" alter DWQ left our act ity, tray omployees and 1 invcatigated the problem to further discover that there waa a hog house pit that had been stopped up, therefore creating a discharge. The discharge backed up into the hog house and ran out underneath the back door of the hog -house. There is a waterway approximately 20 feet directly behind the hog house that the spillage ran into and then follows approximately 100 feet into a ditch, from this ditch it flows into another ditch about 60 yards away. This ditch leads into Stocking Head Creek. B. As part of our farms regular maintenance and routine on Sundays we do AM and PM checks of inside the houses and flush pits. On Sunday, Junc 28' at approximately 4 PM, these checks were made and everything waa normal, there were no issues. C. between 4 PM June 2P and lunch time June 20'11 there was a back up in the pit creating a spillage. D. To prevent reoccurrence the grower has: From June 29" to July I' the, breaker that Affects the recycle pump has been rut off every time we leave the farm, On July 21Ld, time clocks will be installed in order to prevent the recycle pumps from running when employees are not present on the farms. This will be donc on ALL our farms. Also, a secondary holding Station will be ingtalled at this site that would catch any unforeseeable spillage prior to entering any ditchcs. Sincc this event, we have made it mandatory that employees check all pits each day prior to leaving the farm. E. A waste analysis has been taken and submitted to Envirochem for analysis. The results will be provided to your office upon complction. If there are any further questions or concerns, please feel free to call me at (910) 293 5334. Sincerely. Toni W. King Environmental Compliance l� Sep.16.2015 09:44 AM BOWLES BROTHERS LLC. 191.02939904 PAGE. 2/ 10 I • I TO: WEGG Radio FROM: Tres Bowles DATE; June 30, 2015 RE. Notice of Discharge of Animal Waste l , 1 Sep.16.2015 09:44 AM BOWLES BROTHERS LLC. 19102939904 PAGE. 3/ 10 3 Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & Sons Swine Farm #t2, located at 1552 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater. The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of Stocking Head Creek. Corrective actions are being taken at the farm to mitigate against any environmental impacts or reoccurrence. This notice was required by North Carolina General Statutes, Article 21, Chapter 143.2215C Tres Bowles 290-2656 Sep.16.2015 09:44 AM BOWLES BROTHERS LLC. 19102939904 PACE. 4/ 10 L4 HP OfficeJet Pro 6500 AM 0 All -In -One aerle6 Fax Lag for Rhonda. Campbell 9102936957 Jun 30 2015 10:12AM Last TrAneWign Date Time Type Station ID Duration Pages Result Digital Fax Jun 30 10A IAM Fax Sent 1910627R124 0:41 2 OK NIA SGP.16.2015 09:44 AM DOWT.ES BROTHERS LLC_ 19102939904 PAGE. 5/ 10 TO: The Sampson Independent FROM: Tres Bowles DATE: June 30, 2015 RE: Notice of Discharge of Animal Waste Sep. J.6.2015 09:45 .AM SOWLF-S SROTERRS LLC. 19102939904 PACE. 6/ 1.0 me Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & sons 5wlne Farm #2, located at 1552 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater. The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of Stocking Head Creek. Corrective actions are being taken at the farm to mitigate against any environmental Impacts or reoccurrence. This notice was required by North Carolina General Statutes, Article 21, Chapter 143.221SC Tres Bowles 290-2656 SeP.16.2015 09:4S AM BOWLES BROTHERS LLC . HP OFflcejet Pro 8500 A910 All-in-Ons serles Loot Trasactiort Date Time Type Jun 30 0:66AM Fox Sent 19102939904 Fax Log for Rhonda Gamptoll 0102936967 Jun 30 2015 9:56AM Station ID Duration Pages Result Digital Fax 5928756 0:54 2 OK NIA PAGE. 7/ 10 17 Sep.16.201S 09:4S AM BOWLES BROTHERS LLC. 191.02929904 PACE - S/ 10 TO: The Duplin Times FROM: Tres Bowles DATE: June 30, 2015 RE: Notice of Discharge of Animal Waste i Sep.1.6.201S 09:45 AM BOWLES BROTHERS I.T.C. 19102939906 PAGE. 9/ 10 I Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & Sons Swine Farm #2, located at 1552 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater. The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of Stocking Head Creek. Corrective actions are being taken at the farm to mitigate against any environmental Impacts or reoccurrence. This notice was required by North Carolloa General Statutes, Article 21, Chapter 143.2215C Tres Bowles 290-2656 Sep.16.2015 09:95 AM BOWLES BROTHERS LLC. 19102939904 PACK. 1/ 9 This is to confirm that your "Notice of Discharge of Animej Waste' will broadcast on WEGGISurge 100.5 FM & 710AM at 2:15am on Wednesday, July 1, 2015. Since 2:15am is outside the operating hours of WEGG 710 AM Rose Hill (transmitting facility located on Highway 11 7,north of Rose Hill), the notice will only broadcast on WEGG's translator and overnight service W263BE 100.5 I`M Rose Hil (transmitting facility located on Gourd Hill Road just east of Wallace). If you have any questions or have any need of our s®rvlaeB In the ruture, Teel free to contact Ken Sentarelli, Program Director and Operatiorrs Manager at WEGO/Surge 100.5 FM $ 710 AAA, by phone at 910-260-2031 or by email at business 9surgeradin_org_ Thank you for choosing Surge 100.5 FM 8 710 AM, Duplln County's Most Music. Surge Media, LLC 8D4-H Bryce CI Wilmington, NC 28405 WEGG/Surge 100.5 FM & 710 AM 3236SUS117 Rose Hill, NC 28458 (physical address only, mailing address above) Phone: 910-289-2031 Fax: 910-09-7-8124 Email: busineeaOsurgeradio.org Web: www.surgeradio.org 1'd VZlUC4L6 �ipo�y ®9�n� Sep-16.2015 09:55 AM BOWLES BROTHERS LLC. 19102939904 PACE- 2/ 9 U * in Map& Eric and a i1bukry of Socking Head Cheek MAGNOLIA — On water, the owner or,opera release to all print snd.elec- June 30. Bowles and Sons for of the wsstewater cot tnonic news media thak pro - Swine Parm #2. located at Jection site is required un- vide general coverage In the 1552 Dohson Chapel Road der N.C. general Statutes, county where the discharge near Magnolia, experienced Article 2.1 to issue o prcas occurred. a discharge of swine waste- w ater. C. �.. — — r• ter.. +� .r !1 According to a rkod" released by the farm, the volume of the discharge was estirnatCd to tw T5J000 gallons-.1-he waRtewater en- tered an unnamed tributary of Stocking Head Creek. The release stoteo that oor- rective actions a m being taken at tht farm to mitigm against any mvirorimcntal impacts or reoocurtrnCf In the event of a dis- chsrge of UM gallons or more of untmated waeta water that reaches surface ' I Sep.16.2015 09:55 AM BOWLES BROTHERS LLC. 19102939904 PACE • 3/ 9 Mobley Electrical, LLC 298 Henry Dunn Pickett Rd Beulaville, NC 28518 Bill To Sowlo" and Sons Farm 3 607 Curtis Rd Warsaw, NC 29398 Ship To 13 Invoice D&t6 lnvoioa # 7/15/2015 4211 r P.O. Number Terma i Rep Shlp Via F.O.B. Project 7-15 7/1512015 Quantity Item Code Description Prica Each Amount iNSTA LLED 24 HR TIMER ON RECYCLE PUMP PARTS 90.00 90.00 Traval/Labor 35.00 35.00 Total 512100 Sep.16.2015 09:56 AM BOWLES BROTHERS LLC Mobley Electrical, LLC 298 Henry Dunn Pickett Rd Heulaville. NC 28518 Bill To AOWLES&SONS FARM 2 607 Cures Rd Warsaw, NC 28398 191029-19904 Shlp To PACE. 4/ Iy Invoice Date Invoice # 7/15/2015 421 G P.O. Number Term2 Rep Ship Vla F'O.B. Pro]" 7-15 7/15/2015 Quantity Item Code Description Price Each Amount PARTS TraveMabor INSTALLED 24 HR TLME.R FOR RECYCLE 00.00 35,00 90.00 35.00 Total S 125.00 t PAGE. S / 9 11 Sep.1.6.201,S 09:96 AM POWLES BROTI3ERS LLC. 1910293990a f'Va,SD 5'`1 -1 -- 3-jJ -00eve ENVIRONMENTAL cUFMrsTs, INC DICE NLIMBER P.O. Box 1037 117439 WRIGHTSVILLE BEACH, NC 28480 USA PLEASE USE THE P.O. BOX Voice. 910-924=3 FOR ALA. REMITTANCES. Invoice Date: Fa)c 910-a92r4424 THANK YOU. Jul",a015 &Mail: temao4Denvironmentalchemtsts.com Bill Tm- TRES ROW(.ES/MURPHY BROWN 607 CURTIS ROAD WARSAW, NC 28398 C:sstomer ID Customer PO .._... ..._.. - S6-i894379 Quantity Daecriptlon - -- R�'OR�irloxy=os3on BOWLES & SON II (LAGOON) WATER ANALYSIS DATE SAMPLED: 07/0-/9015 i.00 AMMONIA NMOGFN, TRW, TSB TOTAL PHOarHORU3, DOD, FFIc A,L COUPORM, NTTRATB/NITRITE NTPROGEN i.00 j PICKUP FEE Pa'YE"m Toms Net 30 DR" Ship Date Due Date Unit-Price ._—Amount PLEASE REFERENCE INVOICE NUMBER ON subtotai ALL REWTANCES IN ORDER TO PROPERLY p8y,w,uQVd1 A,Mied APPLY TO YOUR ACCOUNT. CALL TERE'SA WOLFE OR FRAN GODLEY (p 910-392-0223 Total Amount Due FOR QUESTIONS. x6o. oo 50.00 1640.00 So -00 210.00 210.00 SPp.16.2015 09:56 AM BOWLES BROTHERS LLC 19102939904 PAGE 6/ 9 envirochem ANALYTICAL & CONSULTING CHEMISTS Tres Bowl*WMurpny Brown 007 Gurtls Roao Warsaw NC 26398 Attention: Environmental Chemists, Inc. (bl?2 Wm�{xw,;�l lN, y, Wil.»in�l.,n, NC 2ttd(kS - 910.q9:1,022:31,i,b - 910.302.4424I7n,e 710 13uw-40rtown Road, IMantca, NIC .279,34 - 252,473.5702 Lkib /F,za 25,r)-A Wilmittgtonl-iighway, )ack.yonville, NC28,W • 910.347,5S43 Lzb/Fax in1i,(�rlen�iru„»enlplChCnIF[u-C[,�1i Lab ID Sample ID: 15-19688 Site: Bowles A Son II (Lagoon) Test Method Date of Report: Jul 16. 2015 Customer PO #: Customer ID: 15070001 Report #: 2015-08300 Project ID: Bowles & Son II (Lagoon) Collect DatelTirne Matrix Sampled by 7/1/2015 10:00 AM Water client Results Date Analyzed Ammonia Nitrogen CPA 050.1 Total Kjeldahl Nitrogen (TKN) EPA 301.2 Residue Suspended (TSS) SM 2540 Total Phosphorus SM 4WO P F BOD sM 6210 e Fecal Coliform &N1 02220 MF Nitrate Nitrogen (Calc) Nitrite Nitrogen EPA333.2 Nitrate+Nitrite-Nitrogen 1;PA 363.2 Nitrate Nitrogen Comment: Reviewed by: 60.5 mg/L 07/07/2016 710 mglL 07/14/2015 700 mg/L 07/02/2015 49.5 mg/L 07/14/2016 97 mg/L O7/022015 >600000 Colonles/100mL 07/0112016 0.63 mp/L 0.30 mg/L <0.02 MQ1L 07ro2/2016 07/02/2016 07110/20115 Report+,; 2016-4M300 Pape 1 Of 1 I Anshftml & Consuling Chemists C.7 LJO H 0 CV a a sn ENVIRONMENTAL CHEMISTS, INC NCDEHR, DINO CERTIFICATION t N NGDItHS: DLrS CERTIFICATION A 37729 COLLECTION AND CHAIN OF CUSTODY 1i602 Wneknill Ylfay VAImncxgbon, VC 2MUS OFFICE: 910-392ii2Zi FAX 9104924424 tnto®errrironnentat�rnisls.com CLIENT: hre J & "Ork 7 /Pwf4qwA 1516,dad PROJECT NAME: REPORT N 0, i!�- _ 173 aQ PbDRESS' C ONTACT NAME: PO NO: ZP 3 5 9 REPORT TO: PHDNEiFAX: 9 Z 4 COPY TO: % 0„1, ��� email: taw: k';,v n. LLc. Sat7'ffl3m gV' G r. z'z CALM G TVISC • I � Inflhre..► C - GM—„! IN = IAlnll GT'= Sfrnorn Cif = Cni1 C! = CEO ulna C]Ihor Sample Identification Ullectio n }n. a F NOa n n v m ° W u _ C Q Lam ° u a J c E W g PRESERVATION A�lALYS�S REQUESTED B Time Ternp Y o o � o o m o r Z� G ��p 1) T G C P -Jly5 AiDi 7-Ir-N ; C G P C G P C P G C P C P G C G P G C P G C G P G Transfer Reii nqulshed By: DsteM ne Received By: DateMme 2_ FeiiiPtRrdLUFU wrien meumvea: F l_ Accepted: ' Re sated: ReSample Req ed: Delivered By: '�j Received 13 Date: Is f Comments: TURNAROUND Time: m B,42�+ M/ L-4 c y-Z r-5 r„ R r" S J- a C w r v O 04 0 C) ,i NCDA3CS Agronomic Division Phone: (819) 783,21t58 4beftm wavwncagr.$oviagmu n U F, +�17 Tres Bowles Page 3 ai 3 Sampis informatbn Nutrient and Other Wasuremarft NibopW (N) (ppm) P own) K (mn) Ca (mm) A04 (ssn) S fppm) Fe (pA %) K,7 (ppm) Zn O*m) Cu (ppm) B (m m) Na (ppmj C (pp" SanPfe III: 2t)1 Total N 26.1 588 m 57.1 27.7 5.23 0.52 1.35 0.55 0.63 129 Waste Code: ALS Descrpbm: Totar Wdd+ l N 634 :.. - - . .. . . .... ... . . . . . ......... ............ _- . - . . Swine Lagoon Liq )riorgark N PH DM j%) SS (10-55bal) EC (mSkna) CCE (3b) ALE(1000 gal.) CN AIH4-M 7.13 Corruraer+� NO3-N Organk N ldi (zwn) Cd (ppm) Pb (pw) Ai (Am) Se (A:pm) Ll 6vm) As hmi) Cr(pml Co (m") C) 4wnj Mo (Umm Urea Esdmsta of Nutriests Available for First Crop (Pi ! lCKX gal.) Other E]emenU Qb ! 1= gal.) A *&adfun NscWd N P20s K20 Ca Mg S Fe Mn Zn CU B NO Cf Na 5F! Cd Pb Al SB Li Irrigation 2.64 0.50 6.88 1.25 0-48 0.23 0.04 T D.01 T 0.01 1.08 Sample InfurmatlDn fNub•ient and Other Mess urements Nibagsr? (N) (APm) P (pm) K (ppm) Ca (ppm) Adq fry) S j�pm) Fe (Am) Ah 6upm) Zn (Mm) Cu (Mm) 6 (ppm) Na loom) C (AwV Sample 10: 202 Total N 23.0 547 138 50-8 Z3.7 4.40 0.46 1.16 0.39 0.85 118 Wore Cade. ALS Desn: Total ";deN N 522 Svrine Lagoon L; )ncrga6cN PH DM (%) SS (10'SS" EC (Mskm) WE (%J ALE(lCDO gal.) ON AIH4-N 7.33 Canna me: A'Os4U Organk N NO (pp n) W (pm) Pb (ppm) A) (Plum) Se (pP"n L1(tom) As ivm) Cr (tom) Ce own) G (AD" No bo" Urea Esdmste of Nutrients Available for First Crop (lb 1 1000 gal.) Otiar Bemerrb (Ib 11000 gal) AppAcatioe iINeZlmd N P205 K70 Ce Mg S Fe mn Zrr cu B No - v t4a hli Cd Pb A! Se la Imphan 2.17 0.44 5.47 1.15 0.42 0.20 0.04 T 0.01 1 0,01 0.98 r + Sep.16"2015 09:97 AM BOWLES BROTHERS LLC. 19102939904 PACE_ 9/ 9 19 C4►,1a���cp 1/rl;G W�'S'tcr ►1OICl ti�.7�0+�D►� r n YC /A� bti,s �_P LV.7 't e �`' h q J nNr'r ttV� � �D✓1r{„o[Pn U � 1 coo �h, i r-D ej C)uc �n J f J kc I I l - � ce , � {I� r' T CD Yf [i . � , n ".� T � q r, � b � I S "T 4 r'� t-U of r ue 0-, CDC oP-1 Arz� r 1 i rat �Owir.� NIFWA MWENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 17, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 8957 Bowles & Sons Farm Inc. Farm 2 Stan Bowles 607 Curtis Road Warsaw, NC 28398 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2015-DV-0167 Administrative Code 15A NCAC 2T .1304 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No, AWS3100152 Duplin County Dear Mr. Bowles: Donald R. van der Vaart Secretary On June 29, 2015, staff of the NC Division of Water Resources (DWR) inspected the Bowles & Sons Farm Inc. Farm 2 and the permitted waste management system in response to a citizen complaint.. We wish to thank Tres Bowles who was present during inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of . your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in prohibiting a discharge to surface waters of the State. Condition I. (1) Any discharge of waste that reaches surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. On June 29, 2015 the Wilmington Regional Office (WIRO) received a complaint of a possible discharge into surface waters near the Bowles & Sons Farm Inc. Farm 2. DWR staff inspected Tres Bowels Farm 2 and found possible discharged animal waste in surface waters of Stocking Head Creek. Samples were collected and pictures taken of the possible discharge in surface waters. Violation 2: Failure to report a discharge by telephone to the Wilmington Division of Water Resources office within twenty-four (24) hours. Condition III. (13) The Permittee shall report by telephone to the appropriate Division Regional Office as Soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.nodenr.gov An Equal OpportunAy 1 Arfimiative Action Em*M — Made in part by recycled paper The Division Staff at WIRO received no notification of discharge to surface waters on June 29, 2015 for Bowles & Sons Farm Inc. Farm 2. Required Corrective Action for Violations: Condition III. Monitoring and Reporting Requirements (15). 1 the event of discharge of 1000 gallons or more of animal waste to surface water or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharges occurred setting out the details of the discharge. The press release must be issued within twenty four (24) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by September 11, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact David Powell at (910)796-7304. l Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31- 152 G:11WQ1.SHAREDIANIMALSIDUPLIN12015131-152NOVREF EnveV711 oe-he mm ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 + 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax info@environmentalchemists.com NCDENR-DWR Date of Report: Jul 13, 2015 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: John Farnell Report #: 2015-08178 Project ID: Lab ID Sample ID: Collect Daterrime Matrix Sampled by 15-19226 Site: 1 6/29/2015 3:10 PM Water David Powell/John Farnell Test Ammonia Nitrogen Total Phosphorus Fecal Coliform Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) Nitrate+Nitrite-Nitrogen Total Nitrogen Lab ID Sample ID: 15-19227 Site:2 Method Results Date Analyzed EPA350.1 91.5mg/L 07/01/2015 SM 4500 P F 5.45 mg/L 07/09/2015 SM 9222D MF >60000 Colon ies/1 00m L 06/29/2015 EPA 351.2 134 mg/L 07/09/2015 EPA 353.2 0.43 mg/L 06130/2015 Total Nitrogen 134 mg/L 07/13/2015 Collect DatelTime Matrix Sampled by 6/29/2015 4:30 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia Nitrogen Total Phosphorus Fecal Coliform Total Nitrogen (Calc) Total Kieldahl Nitrogen (TKN) Nitrate+Nitrite-Nitrogen Total Nitrogen EPA 350.1 8.7 mg/L 07/01/2015 SM 4500 P F 0.63 mg/L 07/08/2015 SM 9222D MF >60000 Colonies1100mL 06/29/2015 EPA 351.2 EPA 353.2 Total Nitrogen 14.1 mg/L 8.72 mg/L 22.8 mg/L RECEIVEMCDEHR/M JUL 2 3 2015 Water Quality Regional Operations Section Wilminp-Inn R?eiona! Office 07/09/2015 06/30/2015 07/13/2015 Report #:: 2015-08178 Page 1 of 3 {Domestic Mai! Only; No Insurance Coverage Provided)�_- 4 0 For delivery Information visit our website at www,usps.coms F F i C! A L Usru E rn C3 I "4e LA ---------------------------- P5 Farm 380D, August 2DD6 See Reverse i0r Instructions � 1 Eenvirochem ANALYTICAL & CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax info@environmentalchemists.com NCDENR-DWR Date of Report: Jul 13, 2015 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: John Famell Report #: 2015-08178 Project ID: Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-19228 Site: 3 6/29/2015 4.46 PM Water David PowelVJohn Famell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 Total Phosphorus see 4500 P F Fecal Coliform SM 9222D MF Total Nitrogen (Cale) Total Neldahl Nitrogen (TKN) EPA 351.2 Nitrate+Nitrite-Nitrogen EPA 353.2 12.8 mg/L 07/01/2015 0.92 mg/L 07108/2015 >60000 Colonies/100mL 06/29/2015 18.9 mg/L 7.71 mg/L 07/09/2015 06/30/2015 Total Nitrogen Total Nitrogen 26.6 mg/L 07/13/2015 Lab ID Sample ID: Collect DatelTime Matrix Sampled by 15-19229 Site: 4 6/29/2015 5:05 PM Water David Powell/John Famell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 Total Phosphorus SM 4500 P F Fecal Coliform SM 9222D MF Total Nitrogen (Cale) Total Kjeldahi Nitrogen (TKN) EPA 351.2 Nitrate+Nitrite-Nitrogen EPA 353.2 16.0 mg/L 07/01 /2015 1.06 mg/L 07/08/2015 >60000 Colonies/100ml- 06129/2015 24.0 mg/L 6.50 mg/L 07/09/2015 06130/2015 Total Nitrogen Total N"en 30.5 mg/L 07/13/2015 Report #:: 201$-08178 Page 2 of 3 Environmental Chemists, Inc. su ANALYTICAL & CONSULTING CHEMISTS 6602 Windmill Way, Wilmington, NC 29405 • 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.3475843 Lab/Fax info@environmentalchemists.com NCDENR-DWR Date of Report: Jul 13, 2015 127 N. Cardinal Drive Ext. Customer PO #: Wilmington NC 28405 Customer ID: 09010049 Attention: John Famell Report #: 2015-08178 Project ID: Lab ID Sample ID: Collect Date/Time Matrix Sampled by 15-19230 Site: 5 6/29/2015 5:49 PM Water David Powell/John Farnell Test Method Results Date Analyzed Ammonia Nitrogen EPA 350.1 Total Phosphorus SM4500 P F Fecal Coliform SM 9222D MF Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 3512 Nitrate+Nitrite-Nitrogen EPA 353.2 0.9 mg/L 14.6 mg/L 07/01/2015 07/09/2015 >60000 Colon ies/1 00m L 06/29/2015 15.2 mg/L 0.48 mg/L 07/09/2015 06/30/2015 Total Nitrogen Total N"en 15.7 mg/L 07/13/2015 Comment: Reviewed by: Report #:: 2015-08178 Page 3 of 3 dmill Way ngton, NC ENVIRONMENTAL CHEMISTS, INC - OF�C 910392-0z23FIAX910-3 2-A 24 NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 Info@environmentalchemists.com Analytical & Consuitfng Chemists COLLECTION AND CHAIN OF CUSTODY IENT: �C i� F PROJECT NAME: REPORT NO: L�DRESS: CONTACT NAME: PO NO: REPORT TO: PHONEWAX: COPY TO: email:- Sampled By: 4•-4 0-.0 SAMPLE TYPE: I = Influent, E = Effluent, W = Well, ST = Stream, SO = Soil, SL = Sludge, Other: Sample Identification p Collection °' r " M A o „ a `o L° o ct7 f4 0 ca `o rn c�i E no P° S PRESERVATION ANALYSIS REQUESTED Date Time Temp w ° M z h W Uj 4 rs 314 , C P C � Ali— �f C,\ S P f p ^^ /a 2f / C P Fr c 0 G I N e a 2 '//:c qy6 . C P I jUrn G W,mI1_ SvS C P �9z2q i' CC C G C P C P tD G Transfer Reil quashed By. Date/Time Received By: Date/Time , — - .11 � =Z/ r - Temperature when Received:_ - . �1 p [� Accepted: ✓ Dell�ered By: Received cardments: .ample Reques ed: Date: LgpjactJ15 Time: 1-7 TURNARO ND: IMPORANT NOTICE Cmifin Divine t 0f WaW(�Ral1ty(NCD WQ)is sWclty ell mdng IWA rcgnlatiom for sample collection and preset-i ; vm- Client Must Provi& Ifie FoBoy itlg VMM60R 1_ SAMPLE IDENTIFICATION (CmtainerAssociArdwillr nxWestedtesling) 2_ SA ME TYPE (CamWwitr,. Grab, Watrr, Soil, etc-) 3,. DATE COLLECTED 4_ THE COLLECTED 5_ SAMPLE COLLECTOR. 5_ PRESERVATION(LordingTe peratwreandpIl) Ton■egaftm S2mpics MUST be refrigerated or imenived on ice between 2 and ffC_ Samplesteceived within twro (2) hours ofcolledion must show downvwd irrnd- Thmfore, phase record t mpera tow at collection in space provided on eoll.ectivn sheet py� A two (2) Moor limi t to chemically preserve sample by pH adjustment is allowed, earxpt forrw6b'sampies reported to the Gtaaodwater Section which woAbe add+fied attire time ofealtackan- C�ilinz These sample botiles may contain small amounts of avid or other corrosive and potentially batmfol rlremicAn Laboratories are mq*v d to add these chemicals for a Ruin analyses in order to comply with EPA. preservation retp remmts- Use exhmoo coca when olrert ng and standing the bottles_ Kany chemical !hould get on your skin or clothes Rush liberallywithwater and seek medical attxntion_ BE .TIOW INSTRUCTIONS CAIMOlN: DO NOT MM thimmWatew h add in bMteb4twe gllo>@i* sMples as a vinimt re ctim X-0— amr_ MdWh rinaflnSamples tlratFAgwire Acid Preservadam I- Add '4 5 gnmoles of tfdasn f'atc to a bride with no acid prtsery trve_ 2_ ARrrmixing to dissolve the thiaaviFate,ponrhalf if the sample into aboilLe c aniining add as.apresemative_ (AmmanialTW 3_ Then compleWy flt l both bottles with f rsh sample_ "Artcmd of dabs: eolrcted, time eolleckA sample colledar, and use of proper press vabves mast be m gd4ncd_ Each sac ple mast deadyindiicab the State dNoiffi Cw6fim cdiectionmte an aH rid a " Ref. HCAC aH 0i05 (a) (i (M - f aAt any time a laiboratoryrereives mmptirs which donut m ed sonpk 0iatioc4 holiFing time, ar p"Manva bonregoirem enbrt the laboratorymud nobifydw sample cdtectar or cEn t and secure mudw sample if poss-hte` if a m&" sample cmwA ba mmmv , the oagnal ample maybe aoalyzedbat be msdts rxpurIIrd m=t be qu Med with O Ddam of the idmdti sj and the Ubu twy must nofi(y the State Laboratory about the infractions)- The notificWim mast kmhrk a stewed isd'ic#isg aonvcOve actions tabm to preyed the pralIm far fdms mmgdea" R& NCA+C M 0205 (a) (7)(N)- Sep'.1�.2015 09:43 AM POWL12S R7ROT=RS LI.0 19102939904 PACE- 1/ 10 Murphy—BrOVM LLC July 2, 2015 Christine Blanton Divigion of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Mrs. Blanton, PO Distwer 9.56 2822 Hwy, 24 West WArsflw, NC 28398 'Y& 910-293-3434 Pax: 910-293-6957 I am writing this letter for Tres Bowles response to an inspection by John Farnell dated 6/24/201 S. This inspection waF conducted be"ure of a complaint about a po"ible discharge - unknown to me until advised by Mr. Farnell. The following comments are what is known by the grower and the steps taken to prevent any further occurrence. A. There aro 3 full time employees at Bowles and Sons Farms 11 Facility 31-152, on Dobson Chapel Rd. Magnolia, NC. Ou June 29" alter DWQ left our facility, my omployees and I inveatigawd the problem to further discover that there was a hog house pit that had been stopped up, therefore creating a discharge. The discharge backed up into the hog house and ran out underneath the back door of the hog -house. There is a waterway approximately 20 feet directly behind the hog house that the spillage ran into and then follows approximately 100 feet into a ditch. From this ditch it flows into another ditch about 60 yards away. This ditch, leads into Stocking Head Creek. 8. As part of our farms regular maintenance and routine on Sundays we do AM and PM checks of inside the houses and flush pits. On Sunday, Juna 28' at approximately 4 PM, these cheoks were made and everything was normal, there were no issues. C. 13etween 4 PM June 22"1 and lunch time June 20'I'there wag a (sack up in the pit creating a spillage. D. To prevent reoccurrence the ga-ower has: From June 29" to July I' the breaker that aff+ = the recycle pump has been cut off every time we leave the farm, On July 2"s, time clocks will be Installed in order to prevent the recycle pumps from running when employees are not present on the farms. This will be done on ALL our farms. Also, a secondary holding station will be in5tailed at this site that would catch any unforeseeable spillage prior to entering arty ditches. Since this event, we have made it mandatory that employees check all pits each day prior to leaving the farm. L A waste analysis has been taken and submitted to Evivirochem for analysis. The results will be providedto your office upon completion. If therc arc any further quostions or concems, please feel free to call me. at (910) 293 S334, S incerely, Toni W. King Environmental Compliance Sep.16.2016 09:44 AM BOWLES BROTHERS LLC 19102939904 PAGE_ 2/ 10 IQ TO: WEGG Radio FROM: Tres Bowles DATE: June 30, 2015 RE: Notice of Discharge of Animal Waste t Sep.16.2015 09:44 AM BOWLES BROTHERS.LLC. 19102939904 PA.GE. 3/ 10 I Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & Sons Swine Farm #2, located at 1552 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater. The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of Stocking Head Creek. Corrective actions are being taken at the farm to mitigate against any environmental impacts or reoccurrence. This notice was required by North Carolina General Statutes, Article 21, Chapter 143.2215C Tres Bowles 290-2656 Sep.1�y.201 09:44 AM BOWLES BROTHERS LLC. 19102939904 PAGE. 4/ 10 14 HP OfceJet Pro 8500 A910 All -In -One series Fox Log for Rhonda. Campbell 9102936957 Jun 30 2015 10:12AM Lost jM#p2ti00 Date Time Type Station ID Jun 30 10:11AM Fax Sent 19106278124 Duration Pages Rasult D191tal Fax 0:41 2 OK NIA Sep.I6.2015 09:44 AM BOWLES BROTHERS LLC 19102939904 PAGE. S/ 10 TO: The Sampson independent FROM- Tres Bowles DATE: June 30, 2015 RE: Notice of Discharge of Animal Waste IM Sep.1'6.201.'S 09=4S AM BOWLES PROTHERS LLC. 19102939904 SAGE. 6/ 10 _ tD Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & Sons Swine Farm #t2, located at 155.2 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater. The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of stocking Head Creek, Corrective actions are being taken at the farm to mitigate against any environmental Impacts or reoccurrence. This notice was required by North Carolina General Statutes, Article 21, Chapter ].43.2215C Tres Bowles 290-2656 Sep. 16. 2015 09: 4.S AM. BOWIES BROTHERS LLC. 19102929904 HP OM06jet Pro 8500 A9i O AII-in-One series Fax Log for Rhonda Campbell 910293b957 Jun 30 2015 9:56AM Iasi Tra-ma Uon Date Time Type Jun 30 9:55AM Fax Sent Station ID Duration Pages Result Digital Fax 5928756 0:54 2 OK NIA PAGE Sep.1fi.201b 09_4S AM BOWLES BROTHERS LLC. 19102939904 TO: The Duplin Times FROM; Tres Bowles DATE: June 30, 2015 RE: Notice of Discharge of Animal Waste k PACE. Qj 10 Sep. 16. 201? 09: ZS AM BOWLES BROTHERS LLC. 19102939904 PAGE. 9/ 1.0 4 Notice of Discharge of Animal Waste On June 30, 2015, the Bowles & Sons Swine Farm #2, located at 1552 Dobson Chapel Road, Magnolia, N.C., experienced a discharge of swine wastewater, The volume of the discharge was estimated to be 5,000 gallons. The wastewater entered an unnamed tributary of Stocking Head Creek. Corrective actions are being taken at the farm to mitigate against any environmental Impacts or reoccurrence, This notice was required by North Carolina General Statutes, Article 21, Chapter 143.2215C Tres Bowles 290-2656 9ep.16.2015 09:SS AM EO%7LES BROTHtRS LLC. 19102939904 PACE. ll 9 This is to confirm that your "Notice of Discharge of Animal Waste' will broadcast on WEGGISurge 100.5 FM & 710 AM 912:1Sam on Wednesday, July 1, 2015. Sings 2:15am is outside the operating hours of WEGG 710 AM Rose Hill (transmitting facility located on Highway 117,'north of Rose Hill), the notice will only broadcast on WEGG's translator and overnight service W263BE 100.5 FM Rose Hill (transmitting facility located on'Gourd Hill Road just east of Wallace). . If you have any questions or have any need of our service In the future, feel free to contact Ken Gantarelii, Program Director and Operations Manager at WEGIG/Surge 100.5 FM & 710 AKA, by phone at 010-289-2031 or by email at busineiss(gsurgeradio_org_ Thank you for choosing Surge 100.5 FAA & 710 AM, Duplln County's Most Music, Surge Msdia, LLC 804-H Bryce Ct Wilmington, NC 28405 WEGG/Surge 100.5 FAA & 710 AM 3236SUS117 Rose Hill, NC 28458 (physical address only, mailing address above) Phone: 910-289-2031 Fax: 910-627-8124 Email: busineeo0eurgeradio.org Web: www.surgeradio.org L'� vLiBLL9�t6 ��pgw ®B�nS Sep.1.6.201'S 09:SS AM BOWLES BROTHERS LLC. 1910293990L PACE. 2/ 9 Entered a hi tart' gf Stmking Head C,*ek tvMAGNOUA — On water, the owner or'opera-' release to W1 print and.eaec- ]une 30, Bowles and Sons tar of the wamte-water col- twnic news m"a that pro-. Swine Farm #2, located at Iecdon site is r�Quired un- vide general coverage In the 1552 Dobson Chapel Road der , J1.C. genell Statutes, county where the disscharge nearMag,noh*,experiencud Article 21 to issue a press ocouu=d. a discharge of swine waste1. - water. �! ��s-----•" '� ��� ram. �,�. w7 cx ®!4 Acoording to a notiec ~w released by. the farm, the � volume of the discharge , was estimated to tie $i M Gallons. The wastewater en- tered an unnamed tributary o2 Stocking Head Creek. Tle release statev that oor- rective aotiona are boing taken at the farm to midsate against any onvironmontal Impacts Or *_0mitlrtrnc6 In the event of a dis- charge or 1,000 gallons or more of -unucated waste- water that reaches surface ' � l SQP.16.2019 09:SS Aid BOWLES BROTHERS LLC 19102939904 ]PAGE. 3J 9 Mobley Electrioal, LLC 298 Henry Dunn Pickett Rd Beulaville, NC 28518 Bill To Bowlaa and Sorg reirm 07 Curtis Rd Warsaw, NC 29398 Ship To 13 Invoice Date In!42 iQe # 7/13/2015 19 R.O. Number Terms Rep Shlp 1/14 F.0.9. Project } 7-15 7/1512015 Quantity Item Code DeWiplion Price Each Amount 1N5TALLED 24 HR TIMER ON RECYCLE PUMP PARTS � 90.00 90,00 TravvVLnbor 33.00 35.00 Total S121,00 Sep.3.6.201S 09:S6 AM BOWLES BROTHER8 LLC Mobley Electrical, LLC 298 Henry Dunn Pickett Rd Beulavilie, NC 28518 Bill To 13,W-EMSONS FARM 2 607 Curtis Rd Warsaw, NC 28398 19102939904 PAGE. 4/ 9 1 kj Invoice Date invoice 4 7/15/2013 4216 6hip To P.O. Number Terms pep Ship vla F.O.B. Projeot 7-15 7/15/2015 Quamiry Rom code Description Price Each Amount PARTS Tr ddAbor INSTALLED 24 Rk TLMER FOR PMCYCLE 90.00 35,00 90.00 35.00 Total s tzs.c�n Sep.16.201� 09:S6 AM POWLES BROTHERS LLC_ 191.02939904 PACE. 5/ 9 i� �,s� � �.(J �vC'010E N-1IlRBEIZ .EI RO -E1TA. CHI3'M, INC P.0. BOX 110.37, �. '%AnRlrO=T '0OBI, XrC �0 0 URA PLEASE USE THE P.O. BOX Voice 910-V2-0229 FOR ALL REMITTANCES. Pa)c fog &MAik tercsooenvironnwritalc hem iaes.com THANK YOU. Bill To: TRES 130WLR8/MURPHY UROWN 607 CURTIS ROAD WARSAW, NC 28398 �Cust4i Quantl�y Iunvoice hate e Jul spa, 2015 PR94" ner ID 0001 Customer PO Payment "tans 90 Days _trek Ship Date _ Due Date 7/1/15 8/ax/15 Description Unit Pries Amount - - -- ........ ..... -- ... IiPpORT o201rj-08300 — -- • - sOWL,E8 BISON II (LAGOON) WATER ANALYSTS i3ATFL SAMPLED: o7/or/20x5 o AMMON JA NITROC.R2.7, TMJ, T94 TOTAL PHOBPiIORIUS, BOD, FECAL COUPOW4, x6o. oo 160.00 }NITRATE✓/NITRTI',8 NITROGEN o I PICKUP FEE I 50.00 5a.o0 i PLEASE REFERENCE INVOICE NUMBER ON ALL REMITTANCES IN ORDER TO PROPERLY APPLY TO YOUR ACCOUNT CALL TERESA WOLFE OR FRAN GODLaEY @ 990-392.0223 FOR QUESTIONS. subtota l 210.00 Psyment/Gredlt Applied Total Amount Due 21OM 1 Sep.3,6.201.5 09:56 AM BOWLES BROTHERS LI.C. 19102939904 PAGE. 6/ 9 Environmental Chemists, Inc. ' • 6W2 w6vin" I Way, WNm111piu ), NC 2V405 . 910,192,0211 Lnb - 910.a02.4424 ling 71.0 13uw;+urt�iwn Ruad, Mnnrco, NC 27954 - 252,473.5702 1,ub/1'ax 2-55-A WilrniRgtori Highway, )acksotzville, NC 26,140 • 910.347.5843 Ub/F,,x ANALYTICAL & CONSULTING OHEM{ISTB 4i(rrlcnvirpnniznrpl�hc i�irtu.t /ern Tres Bowles/Murphy Brown Date of Report: .Jul 16, 2015 607 GurtIB Road Customer PO a: Wersaw NG 28396 Customer ID. 15070001 Attention: Report #: 2015-08300 Project ID: Bowies & Son 11 (Lagoon) Lab ID Sample ID: Collect DatafTims Matrix Sampled by 15-198se Site: Bowles A Son 11 (Lagoon) 7/1/2015 10:00 AM Weter cllent Test Method Results Date Analyzed Ammonia Nitrogen EPA050.1 ., 50.5 m /L 07107/2015 Total Kjeidahl Nitrogen (TKN) EPA 081.2 710 mg1L 07114/2015 Residue Suspended (TSS) SM 2540 0 700 mg/L 07/07J2015 Total Phosphorus SM4500 P F 49.5 mg/L 07/14/2016 130D QM 6210 6 97 mg/L OV0212015 Fecal Coliform SM e2220 MF >600000 Colonles/100mL 07101 /2015 Nitrate Nitrogen (Cale) Nitrite Nitrogen EPA353.2 0,63 mAtL 07/02/2015 Nffi ate+Nitrite-Nitrogen EPA 363.2 0.30 mg/L 07102/2016 Nitrate NttrWen gum-0— *Ao%K '° r0.02 MQfL OT/15/2013 Comment: Reviewed by: ReWrtlk.; 20, 6.oe300 Page 1 Of 1 I 1 ENVIRONMENTAL CHEMISTS, INC occEHR_ DWo CE:RTmcAnoN f N WDIIHS: bt 4 CERTIFICATION A 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Wndrnill Way Mffnir , n, SC 28405 OFFICE: 510392-0: ZM FAX 91 "k-4 b24 into®emrir•pr�terualot�elsis.crad� CLIENT: �r� 1 �a�r✓<i .. ie,r.� PROJECT NAME- %S®�„� �� � � S4..r--� REPORT NO: PbDRESS: G a �y r �C', it d CONTACT NAMIE* :. PO NO: Gs.., r✓ Z� 3 REPORT TO: P14ONEIFA3C: Z G ll COPY TO: email_• to,: k,-, e o Sampled By: G rn CY7 m CV 0 rn SAMPLE TYPE: l = Influent. E = Effluent W o Well, ST'- Stream, SO = Soii, SL = Sludge, Other. �P• Sampie id enfificafiian Collection 2 e, s a 0. o d m 1g o a e o s U E 2f g z PRESERVATION !#ALY5I5 REQUESTED a Time Temp z �C = o o o z _o o Ce. f �a hl / 1 !! �`� a J el<1 1 G G C p G C p G C p G C p G C p G G C p G G C p G C p G G Transfer i Reli rrquished By; catemme Received By: Qa1eMme 2_ 04 Temperature when Received: Accepted: olRe cted: Resample Req ed. ` Def Nered By: .� Received By: Date, Time: Comments: TURNAROUND: U) 0 a N V3 MCDA3CS Agnsuorntc Melia ion Ptwne! (019) M-26M bebeftv w4vw ncapr.gavdagrasw" Tres Bowies Page 3 of 3 Sample Infonnatmn NvWoM a?rd Other Wasureraent lK&OW M OPM) P fbpm) K OM) Ca (pM) MQ (aF-j S fpw) Fe (xvN W (pwi) Zn (Apra) Ca (ppm) 8 4pro Na (ppm) C (lam Sample fD: 201 Tafal N 28.1 58B 149 57.1 271 5-23 0.52 1.39 0.53 4.63 129 Waste Cade: ALS Descrilodon: Total Wdahl N 634 :... - . ..................... .... . ... _ .. ........ Swine Lagoon Uq PH D44 (%) SS (10-5&b7v EC (Mskm) CCE (96) ALE(1000 gal.) CN Inorganic N GWr+nrer+[s h'Ns-N 7.13 Ntb-N OrgarkN Jdi (1=J Cd (mm) Pb (mm) Al tvm) Se (Apra) (r (Pv►n) As ham) Crt=m) Co (ern) CI ippml W f�wo Urea Esdlmare of Hub*zts Avellable for First Crop (lb I UXX gal,) Other Ele mats (ib gal.) AAWkadon Adetlrod N PzQs Kea Ce A49 S Fe MF7 Zn Cu B No CI bfa NJ Cd Pb Al Se u lmgation 2.64 0.50 6.89 125 0-48 .0.23 D-04 T D.01 T 0.01 1,08 Sampb Information Mu!bient and Other Maas urements N&opn (N) (pPrn) P (Fvm) K (ppm) Ca (pprn) A4q (1 mr S jupm) Fe (ppm) W (pam) Zn fXm). Ca 0m) 6 (Avm) Na (PPn) C (Ppro SarswpJe ID: 202 Total IV 23.0 547 138 50.9 23,7 4.44 0,48 1-18 0.39 0.85 118 Waste Code. ALS DescrWWn: Tota(Iya(dahl K 522 .. ............... ............. ......... ......... ..... Swine Lagoon Liq Inorpamc N PH D31! (%j SS (10-5NCFN EC (mS&m) C CE (%) ALE(1 MO gai.) CN Camrue»ts: N44-N 7.33 NOM DrgBrWC N Ill (Clam) Cd (Axn) Pb (pprW Al (xm) Se (Apnn) b (A") As jDm) Cr (pM) Co 6Dpm) CI (APn* 1140 (pp" Uma Es#irnate of Nutrients Avaltablo tar First Crop (Ib 11000 gal.) Otwr Bernents (lb 110(X gak) Appfecabon NeViod N P�05 K20 Ga M9 S Fe Mn Zn Qj 8 Atp - C! Na Ml Cd Pb Al Se Li Ingatian 2.17 0.44 5.47 1.15 0.42 0.20 0.04 T 0.01 1 ODI 0.99 Sdp.16.2016 09:57 AM BOWLES BROTHERS LLC. 19102939904 PACE. 9 / 9 Iq —h� sACv►,�Qr hCiler� �a 57�?rstore be�r� �J 7 0+ , 5 9 p 11 Y-, L) do roJj ec J duc 4co he r�CPn+ w� cOlJ 14 gjrd 44e 4�,-O- of Q c� a b�,�-, T �; 0 4aka ,4U..P,� aeri 5�01") rc ce.P,e 0 c o+ �fq�! r�-7 Dv, w.aA v — . w w 1C-s' Murphy -Brown LLB PO Drawer856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 F2x:910-293-6957 July 2, 2015 Christine Blanton Lawson Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Mrs. Lawson, l am writing this letter for Tres Bowles response to an inspection by John Farrell dated 6/29/2015. This inspection was conducted because of a complaint about a possible discharge unknown to me until advised by Mr. Farrell. The following comments are what is known by the grower and the steps taken to prevent any further occurrence. A. There are 3 full time employees at Bowles and Sons Farms II Facility 31-152, on Dobson Chapel Rd. Magnolia, NC. On June 291s after DWQ left our facility, my employees and I investigated the problem to further discover that there was a hog house pit that had been stopped up, therefore creating a discharge. The discharge backed up into the hog house and ran out underneath the back door of the hog house. There is a waterway approximately 20 feet directly behind the hog house that the spillage ran into and then follows approximately 100 feet into a ditch. From this ditch it flows into another ditch about 60 yards away. This ditch leads into Stocking Head Creek. B. As part of our farms regular maintenance and routine on Sundays we do AM and PM checks of inside the houses and flush pits. On Sunday, June 28" at approximately 4 PM, these checks were made and everything was normal, there were no issues. C. Between 4 PM June 281' and lunch time June 20 there was a backup in the pit creating a spillage. D. To prevent reoccurrence the grower has: From June 291s to July I n the breaker that affects the recycle pump has been cut off every time we leave the faun. On July Zed, time clocks will be installed in order to prevent the recycle pumps from running when employees are not present on the farms. This will be done on ALL our farms. Also, a secondary holding station will be installed at this site that would catch any unforeseeable spillage prior to entering any ditches. Since this event, we have made it mandatory that employees check all pits each day prior to leaving the farm. E. A waste analysis has been taken and submitted to Envirochem for analysis. The results will be provided to your office upon completion. If there are any further questions or concerns, please feel free to call me at (910) 293 5334. Sincerely, Toni W. King Environmental Compliance A-wA NCDENR 6)L North Carolina Department of Environment and Natural Resources C Pat McCrory Donald R. van der Vaart Governor Secretary August 8, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 8957 Bowles & Sons Farm Inc. Farm 2 Stan Bowles 607 Curtis Road Warsaw, NC 28398 Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2015-DV-0167 Administrative Code 15A NCAC 2T .1304 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No. AWS3100152 Duplin County Dear Mr. Bowles: On June 29, 2015, staff of the NC Division of Water Resources (DWR) inspected the Bowles & Sons Farm Inc. Farm 2 and the permitted waste management system due to a complaint about the facility. We wish to thank Tres Bowles who was present during inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in prohibiting a discharge to surface waters of the State. Condition 1. (1) Any discharge of waste that reaches surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. On June 29, 2015 the Wilmington Regional Office (DWR) received a complaint of a possible discharge into surface waters behind Bowles & Sons Farm Inc. Farm 2. DWR staff inspected Tres Bowels Farm 2 and found discharged animal waste in surface waters of Stocking Head Creek. Samples were collected and pictures taken of the discharge in surface waters. Violation 2: Failure to report a discharge by telephone to the Wilmington Division of Water Resources office within twenty-four (24) hours. Condition 11I. (13) The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215 Internet: www.nodenr.gov An Equal Opportunity 1 Affioma:ive Action Employer - Made in part by recycled paper yy JJ The Division received no notification of discharge to surface waters for Bowles & Sons Farm Inc. Farm 2. Required Corrective Action for Violations: Condition II1. Monitoring and Reporting Requirements (15). 1 the event of discharge of 1000 gallons or more of animal waste to surface water or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharges occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by September 11, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact David Powell at (910)796-7304. Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31- 152 G:\kWQ\SHAREDIANIMALS\DUPLIN\2015\31-152NOVREF WIXNR COL North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 8, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 8957 Bowles & Sons Farm Inc. Farm 2 Stan Bowles 607 Curtis Road Warsaw, NC 28398 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2015-DV-0167 Administrative Code 15A NCAC 2T . 13 04 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No. AWS3100152 Duplin County Dear Mr. Bowles: On June 29, 2015, staff of the NC Division of Water Resources (DWR) inspected the Bowles & Sons Farm Inc. Farm 2 and the permitted waste management system due to a complaint about the facility. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation U Failure in prohibiting a discharge to surface waters of the State. Condition I. (1) Any discharge of waste that reaches surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. On June 29, 2015 the Wilmington Regional Office (DWR) received a complaint of a possible discharge into surface waters behind Bowles & Sons Farm Inc. Farm 2. DWR staff inspected Tres Bowels Farm 2 and found discharged animal waste in surface waters. Samples were collected and pictures taken of the discharge in surface waters. Violation 2: Failure to report a discharge by telephone to the Wilmington Division of Water Resources office within twenty-four (24) hours. Condition 111. (13) The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. The Division received no notification of discharge to surface waters for Bowles & Sons Farm Inc. Farm 2. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215% Internet: www.nodenr.gov An Equal Opportunity 1 AfSrmathre Action Employer - Made in part by recycled paper Required Corrective Action for Violations: Condition 1II. Monitoring and Reporting Requirements (15). I the event of discharge of 000gallons or more of animal waste to surface water or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharges occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by September 11, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact David Powell at (910)796-7304. Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31- 152 G:IIWQISHARED/ANIMALSIDUPLIM2015\31-152NOVREF NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 30, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 8957 Bowles & Sons Farm Inc. Farm 2 Stan Bowles 607 Curtis Road Warsaw, NC 28398 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2015-DV-0167 Administrative Code 15A NCAC 2T . 13 04 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No. AWS3100152 Duplin County Dear Mr. Bowles: Donald R. van der Vaart Secretary On June 29, 2015, staff of the NC Division of Water Resources (DWR) inspected the Bowles & Sons Farm Inc. Farm 2 and the permitted waste management system due to a reported discharge from the facility. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. A WG 100000 as follows: Violation 1: Condition 1. Performance Standards (1) of the Swine Waste System General Permit No. AWG100000. Any discharge of waste that reaches surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. Violation 2: Condition III. Monitoring and Reporting Requirements (13) Regional Notification: a. The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. Required Corrective Action for Violations: Condition 111. Monitoring and Reporting Requirements (15). I the event of discharge of 000gallons or more of animal waste to surface water or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharges occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Opportunity 4 Alrimwtive Action Employer - Made in pW by rec7+cW paper surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by August 28, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact David Powell at (910)796-7304 or John Farrell at (910) 796 - 7388. Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31- 152 G:IIWQIS HARF-D/ANIMALSIDUPLM015131-152NOVREF Murphy —Brown 1Lc PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax:910-293-6957 July 2, 2015 Christine Blanton Lawson Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Mrs. Lawson, I am writing this letter for Tres Bowles response to an inspection by John Fame!] dated 6/29/2015. This inspection was conducted because of a complaint about a possible discharge unknown to me until advised by Mr. Farnell. The following comments are what is known by the grower and the steps taken to prevent any further occurrence. A. There are 3 full time employees at Bowles and Sons Farms II Facility 31-152, on Dobson Chapel Rd. Magnolia, NC. On June 29' after DWQ left our facility, my employees and I investigated the problem to further discover that there was a hog house pit that had been stopped up, therefore creating a discharge. The discharge backed up into the hog house and ran out underneath the back door of the hog house. There is a waterway approximately 20 feet directly behind the hog house that the spillage ran into and then follows approximately 100 feet into a ditch. From this ditch it flows into another ditch about 60 yards away. This ditch leads into Stocking Head Creek. B. As part of our farms regular maintenance and routine on Sundays we do AM and PM checks of inside the houses and flush pits. On Sunday, June 28`s at approximately 4 PM, these checks were made and everything was normal, there were no issues. C. Between 4 PM June 281 and lunch time June 29'b there was a backup in the pit creating a spillage. D. To prevent reoccurrence the grower has: From June 291b to July I' the breaker that affects the recycle pump has been cut off every time we leave the farm. On July 2sd, time clocks will be installed in order to prevent the recycle pumps from running when employees are not present on the farms. This will be done on ALL our farms. Also, a secondary holding station will be installed at this site that would catch any unforeseeable spillage prior to entering any ditches. Since this event, we have made it mandatory that employees check all pits each day prior to leaving the farm. E. A waste analysis has been taken and submitted to Envirochem for analysis. The results will be provided to your office upon completion. If there are any further questions or concerns, please feel free to call me at (910) 293 5334. Sincerely, Toni W. King Environmental Compliance WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 30, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED_ 7013 2630 0002 0760 8957 Bowies & Sons Farm Inc. Farm 2 Stan Bowles 607 Curtis Road Warsaw, NC 28398 Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2015-DV-0167 Administrative Code 15A NCAC 2T .1304 Bowles & Sons Farm Inc. Farm 2 31-152, Permit No. AWS3100152 Duplin County Dear Mr. Bowles: Donald R. van der Vaart Secretary On June 29, 2015, staff of the NC Division of Water Resources (DWR) inspected the Bowles & Sons Farm Inc. Farm 2 and the permitted waste management system due to a reported discharge from the facility. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Condition I. Performance Standards (1) of the Swine Waste System General Permit No. AWG100000. Any discharge of waste that reaches surface waters or wetlands is prohibited except otherwise provided in this General Permit and associated statutory ' and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. Violation 2: Condition Ill. Monitoring and Reporting Requirements (13) Regional Notification: a. The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. Required Corrective Action for Violations: Condition I1I. Monitoring and Reporting Requirements (15). 1 the event of discharge of 000gallons or more of animal waste to surface water or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharges occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.nodenr.gov An Equal Opportimity l Affirmative Action Employer - Made in port by recycled paper surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by August 28, 2015. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact David Powell at (910)796-7304 or John Farnell at (910) 796 - 7388. Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 31- 152 G:11WQ1S HARED/ANIMALSIDUPLIN12015\31-152NO V REF ENVIRONMENTAL CHEMISTS, INC P.O. BOX 1037 AVRIGH17MLLE BEACH, NC 28480 USA PLEASE USE THE P.O. BOX Voice: 910-392 0223 FOR ALL REMITTANCES. Fax 910-392-44z4 THANK YOU. E-Mail: teresa®environmentalchemists.com Bill To: NCDENR - DWQ JIM GREGSON 127 N. CARDINAL DR. EXT. WILMINGTON, NC 28405 INVOICE NUMBER 117322 Invoice Date: Jul 16, 2oi5 Page 1 Customer ID Customer PO Payment Terms 09010049 EP o Net 30 Days FEDERAL ID # Ship Date Due Date 56-1894379 6/29/15 8/15/1 Quantity Description Unit Price Amount 5.00 REPORT #2o;5-o8i78 125.00 625.00 WATER: AMMONIA NITROGEN, NITRATE NITROGEN, TKN, TOTAL PHOSPHORUS, FECAL COLIFORM SAMPLED BY DAVID POWELL/JOHN FARNELL DATE SAMPLED: 06/29/2ol5 PLEASE REFERENCE INVOICE NUMBER ON ALL REMITTANCES IN ORDER TO PROPERLY APPLY TO YOUR ACCOUNT. CALL TERESA WOLFE OR FRAN GODLEY @ 910.392-0223 FOR QUESTIONS. Subtotal 625.00 Payment/Credk Applied 625.00 Total Amount Due 0.00 -15 ( r- i YZ-- Analytical & Consulting Chemists ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Windmlll Way Wilmington, NC 20405 OFFICE: 910-392-0223 FAX 910-39241424 Info@environmentalchemists.com CLIENT: f\%C PROJECT NAME: REPORT NO.: ADDRESS: CONTACT NAME: PO NO: REPORT TO: PHONEIPAX: COPY TO: email:- aamplea tiy: va— C r'o-.e if ;Zo h ti SAMPLE TYPE: I = Influent, E = Effluent, W - Well, sl- = stream, su 5011, z L = aiuusu, UtIl"I. Sample identification Collection a i `a r o " e o �° �E m gx PRESERVATION ANALYSIS REQUESTED Date Time Temp z x � o _ o _ o o c G � � Gr 1 Cc 2Y it C P uPrf" M y p M C P C 01 Fr tA ��'-pti r► z 9/ pP ' C G ' S N�~rle C P� G 2 R I 'i L/ C P G 7� /r C P G C P 'e n�S G (0 2a (T 5t# n C G �eC vt 6 -I"k fir'Y� �. C P ED G Transfer Reif quished By: Date/Time Received By: DatetTime 1 2. n >✓wit 0,,.,ip 1( Temperature when Received: Accepted: Jectad: _ Resample Reques Delivered By:_ Received B I a -- Date: ��i eti: l�� Time: �% J Comments: TURNARdUND: MEMORY TRANSMISSION REPORT TIME :08-15-'12 10:35 FAX NO.1 :910-350-2004 NAME :DENR Wilmington FILE NO. 685 DATE 08.15 10:31 TO 8 919198076496 DOCUMENT PAGES 26 START TIME 08,15 10:31 END TIME 08.15 10:35 PAGES SENT 26 STATUS OK *** SUCCESSFUL TX NOTICE ** State of North Carolina daRrlrtrnent of Environment and Natural Rasources Wilmington Regional Office E3averly Pardue, C3vvernor E3ae Freeman, Secretary FAX COVER SHEET Mate_ �>fiiVo. Of Pages- 3 o e-,wsL-,=e= c.lc.trr, To= ItrLsa ��Y/i- From: NC}dE CO: FAX #: O FAX#: 910-350-2004 REMAR S: 127 �1 Wgm1mlipt , N.C. 2o106-30a0 Ynbe q (9101 TVG-7210 Fmx (9101 308-5004 Iy1 Ems^• - rpp sna ftv A¢ I— 6mpfo110r Z 312 646 480 !Op US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reveme Se St r POP Offim State,&ZIP e Postage Certified Fee Special Delivery Fee 4dded Delivery Fee Rat= Receipt Shmft to / to Delivered tD WhOM ti r, t TQ7 Fees D a�f a State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Perdue, Governor Dee Freeman, Secretary FAX COVER SHEET Date: No. Of Pages: 3 c/4rd CocxrJ To: From: NCDE CO: ' CO: FAX #: �/47- 007. ~ 6 FAX#: 910-350-2004 REMARKS: &jd IF 127 Cardinal drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 796-7215 Fax J910) 395-3964 An E-,- 'Opportunity Affirmative Action Employer envirochew . 7D.5-N(2- - immnln 'I\mP. Infliiant_ Ti instant. W all ENVIRONMENTAL CHEMISTS, INC Sane lei., Collection and Chain of Custody. r8b0nih_) G'nil ilths.r- 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 3924244 SAMPLE IDENTIFICATION I COLLECTION BOTTLE ID LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE ISO HNO NnOH TWO OTHER / 1: 30 c_i4 <— Maximum Holding Time Between Collection and Analysis: BOD 4g IIours, Coliform in Wastewater 6-Hours, Coliform in Drinking Water Jgjlam, Transfer, Relinquished By: Date/Time Received By: Date/Time 1 2 Received ►twit ater/� ed to 4°C: Yes No Accepted: ✓ Rejected: Delivered By: t `� Received By: �,' ,� �,� _ Date: D- /_ �-91 Time: Comments: 3 heo TQofe p� ' `aaa II. �� - .• 3G r_• •- �, �•�76.9 -'� � _: —' �.� __may � .L`�� �_ /mil'•` � 50) t�J Ce \``� 27 •� I as -ly+ i ` 7r _ y • l / ; i- l ` -... , ,' f =— iMithal - Cha I ChaprlN. Ecf - S'TAN= BOWLES- F FACILITY �31- 2 . 'D1f L11N' COUf�ITY" : \ , yyy r _ 5. G� US 2 310 000 FEET 57'30" nn f(.PIAIVI r) I 732 U2 ry SIN SCALE 1:24 000 133 55, 1 $ 0 KILOMETERS 1 T OOfi � 2 ME7FA5 1000 2000 1 5 0 MILES 1 1000 0 1006 2000 3W0 4000 5000 FEET GtbQ 7000 Bu 9000 10 000 CONTOUR INTERVAL 2 N TERS NATIONAL GEODETIC VERTICAL DATUM OF 1929 CONTROL ELEVA'[IONS SHOWN TO THE NEAREST 0.1 METER S JAMES BROWN FARM �x 4. SAMPLE x 1 WASTE FLOW (approx.) TREE LINE SPRAY j LAGOON FIELD II i M I I DRAIN POINT 2 SPRAY FIELD STAN BOWLES FACILITY:31-152 NOT TO SCALE i .1 (1CJ/',G? A9_1 Lk STATE OF NORTH CAROLINA Department of Environment and Natural Resources fznRegional Office FILE ACCESS RECORD SECTION �`` i _ DATE/TIME '1'�'�C`l _ ... j . +. NAME �� REPRESENTINGt' 4'�i, 1. C �r + +chon� i4 ���t�C %ce Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following'before signing the form. Due to the large public demand for file access, we request that you tail at least a day in advance to schedule an appointment for file review so you cap be accommodated Appointments are scheduled between 9 00 a.m. and 100 .m. Viewing time ends at 4A5p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want io review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five, 3. You may make copies of a file. when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies — there is no charcie for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office No briefcases, large totes, etc are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 2.tiJ� 3. 4 5 Si ,ure/Nam of Firm or Business Date Time In Time Out 4 PRODUCER: LOCATION: TELEPHONE: TYPE OPERATION: Bowles and Sons #2 607 Curtis Rd. Warsaw, NC 28398 (910) 293 7654 feeder - finish NUMBER OF ANIMALS: 7344 (Design Capacity) RECEIVED I DENR 1 DWQ AQUIFF -PprnTFr,T1nN SF'PON MAR 2 7 20o9 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 the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are stFogly encourage --"hat all plant nutrients can be balanced for realistic yields of the crop to be grown. APR 0 6 11JU9 Several factors are important in implementing your waste ublizatTgWplan=ire=order to-niaximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types 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 precautions, waste may be applied to land eroding at up to 10 tons 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 nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the tab 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. Page 1 7,344 animals X 12 (tons) waste/animal/year = 13,954 (tons) waste/year. Amount of Plant Available Nitrogen (PAN) Produced Per Year 7,344 animals X 1.09* lbs. PAN/animal/year = 8,000 lbs. PAN/year. (PAN from N.C. Guide Sid. 633) *see narrative Tech 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 and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field" Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application T8200 1A NoB Bermuda(G) 260 21.56 5610.8 March - Sept. T8200 1A NoB Small Grain 50 21.58 1079 Sept. - April T8200 1 B AuB Bermuda(G) 235 3.31 777.85 March - Sept. T8200 1 B AuB Small Grain 50 3.31 165.5 Sept. - April T8200 10 NoB Bermuda(H) 305 1.58 481.9 March - Sept. T8200 10 NoB Small Grain 50 1.58 79 Sept. - April 1 C AuB Matua(G) 235 2.69 632.15 Sept. - August T8200 .11 NoB Matua(H) 305 5.52 1683.6 Sept. - August T8200 12 NoB Bermuda(H) 305 5.11 1558.55 March - Sept. T8200 12 NoB Small Grain 50 5.11 255.5 Sept. - April 0 0 Total 1 39.791 12, 323.85 *This. N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield Wectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. TVDe - Per Acre* Utilized Aaalication T7240 3,4 NoB Corn 125 29.50 to `(, March - Jul T7240 3,4 NoB Wheat 144 29.50 4 aye Se t. - April T7240 3,4 NoB Small Grain 50 29.50 -1tJ Sept. - April T7240 3,4 NoB Soybeans 120 29.50April - Aug. OPTIONAL LAND * See footnote for Table 1. Total Totals from above Tables Acres Lbs. N Utilized Table 1 139.79 12,324 Table 2 0.00 - Total 39.79 12,324 Amount of N Produced 8,000 Surplus or Deficit 4,324 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 nutrient or other elements. Page 3 See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate INHr Amount In. 1A,10,11,12 NoB Pasture 0.5 .5-1.0 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every § MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation *see lagoon design. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: Acres shown are wetted acres. PAN generation figures based on actual records from 1998-2000. An accounting of these records is included as a part of this plan. Wetted acres revised in April 2003 to include a center pivot in field 1A rather than reel pulls. An additional field has been added under a pumping agreement with an adjacent landowner. This field will be Wetted' using an aerway applicator, with all application being made pre -plant. Any of the crops listed may be used for applications. SB515 setbacks apply to this newly added field. These include: 75' from property line, 100' from well, 200' from residence not under ownership, and 75' from public right_of way. Page 4 REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 - There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to property dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the Meld. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen_ Page 5 REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by 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 shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that courses 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. Page 6 • • i REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should ' be inspected regularly for evidence of erosion, leakage or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan' which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied pre -plant with no further applications animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry_ waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 7 Name of Faun: Bowles and Sorts #2 Owner/ Manager Agreement I (we) understand and will follow and implement the specifications and. the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment 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. Name of Facility Owner: Stan Bowles #25 {_!I�5'r"' {Please print) Signature: Date: Name of Manager (If different from owner): Signature: Date: Name of Technical Specialist: (Please print) Kraig A. Westerbeek Affiliation: Murphy Family Farms Address Signatur Page 8 Sheetl6 BOWLES AND SONS #2 PAN PRODUCTION CALCULATIONS 1998-2000 2000 PAN applied Total PAN Field # c= per a # acres Applied 3A Bermuda 47.75 3 143.25 4A Bermuda 37.04 5 185.2 4B Bermuda 49A 1 49A 5A Bermuda 48.42 5.1 246.942 5B Bermuda 52.24 2.6 135.824 6A Bermuda 55.44 4.9 271.656 613 Bermuda 35.74 3.8 135.812 7A Bermuda 47.04ii 2.1 98.784 7B Bermuda 23.52 2.1 49.392 8S Bermuda 5928 6.5 385.32 9S Bermuda 61.16 2.1 128.436 3A Small G. 26.04 3 78.12 4A Small G. 14.51 5 72.55 411 Small G. 48.36 1 48.36 5A Small G. 12.04 5.1 61.404 5B Small G. 27.16 2.6 70.668 6A Small G. 20.12 4.9 98.588 6B Small G. 29.37 3.8 111.606 7A Small G. 24.8 2.1 52.08 7B Small G. 24.8 2.1 52.08 8S Small G. 25.4 6.5 165.1 9S Small G. 26.21 2.1 55.041 10S Matua 196.69 7 1376.13 11A Matua 124.46 .11.7 1456.182 2000 PAN TOTAL = 5527.925 1999 0 3A Small G. 28.83 3 86.49 4A Small G. 18.97 5 94.85 4B Small G. 46.78 1 46.78 5A Small G. 12.58 5.1 64.158 5B Small G. 24.68 2.6 64.168 6A Small G. 13.67 4.9 66.983 7A Small G. 15.94 2.1 33.474 8S Small G. 22.71 6.5 147.615 9S Small G. 27.8 2.1 58.38 10S Matua 27.55 7 192.85 3A Bermuda 108.49 3 325.47 4A Bermuda 85.94 5 429.7 413 Bermuda 291.06 1 291.06 5A Bermuda 53.44 5.1 272.544 5B Bermuda 113.98 2.6 296.348 6A Bermuda 89.64 4.9 439.236 6i3 Bermuda 97.48 3.8 370.424 7A Bermuda 50.4 2.1 105.84 7B Bermuda 78.12 2.1 164.052 Page 1 t r Sheet16 85 Bermuda 71.6 6.5 465.4 9S Bermuda 65.53 2.1 137.613 10S Matua 182.15 7 1275.05 1999 PAN TOTAL = 5428.485 1998 1A Bermuda 250.05 3 750.15 1 B Bermuda 51.51 2.6 133.926 2A Bermuda 101.62 4.1 416.642 3A Bermuda 127.93 4.1 524.513 4A Bermuda 166.95 4.1 684.495 5A Bermuda 153.97 3.6 554.292 6A Bermuda 59.4 3.1 184.14 7A Bermuda 50.22 3 150.66 8A Bermuda 85.37 3.9 332.943 10A Bermuda 53.26 2.2 117.172 9A Bermuda 65.1 1.8 117.18 11A Bermuda 122.06 11.7 1428.102 1 Small G. 42.8 21.5 920.2 1A Small G. 47.74 3 143.22 1 B ISmall G. 7.87 2.6 20.462 2A Small G. 47.18 4.1 193.438 3A Small G. 34.93 4.1 143.213 4A Small G. 28.4 4.1 116.44 5A Small G. 41.08 3.6 147.888 8A Fescue 104A 3.2 334.08 1998 PAN TOTAL = 7413.156 Page 2 LEASE A 1REEMEW 2004 This farm lease agreement made and entered into February�_�:� by and between Grace Heath .and .Stan Bawlss ana'Sons Farm Inc. herein after referred -to as Lease&. That the Lessor hereby leases to the Lessee to use for Agricultural purposes the land at Dobson Chapel adJAcent to Stan Bowles property and o''.d'boarl.and Grace Heath. 1. Term: Lease shall commence//Januarg 1.,.2004 and continue until Dee "6mberS1, 2004 and not. any -.longer unless. a written agreement is submitted prior to October 1 of each 2. Rental: /'Rental -.rate: is to be -paid by January 15, 2004 by the Les.aee to. the : veas.or. :.45-'ayes of land .45.00 per acre $i575 per year. 3. Reservation of .Timber, Mineral .and Hunting Rights ' are Reserved by the Lessor._ 1�-. The- lessee is required to use: no. Hazardous Materi-als and operate by Federal, "Abe and Local;.. Laws; regulations and ordinances that .apply to you -and this farm operation. In -'Witness whereof both. Parties have signed this Lease. .&tan Bowles ace --Heath n Sheets IRRIGATION SYSTEM DESIGN PARAMETERS Landowner/Operator Name: Bowles and Sons #2 Address: 607 Curtis Rd. Warsaw, NC 28398 Telephone: (910) 293 7654 Table 1 - field Specifications Approximate Maximum Useable Size Field of Field Number (acres) Soil Tvpe Slope % Maximum Application Rate CFOD(S) (Inlhr) �5 b County: Dupli Date: 05/15/2003 Maximum Application per Irrigation Cycle (inches) Comments 1 A 21.58 NoB <5 Bermuda 0.5 .5-1 Center Pivot 16 3.31 AuB <5 Bermuda 0.6 .5-1 Pulls 4,7 10 1.58 NoB <5 Bermuda 0.5 .5-1 Solid Set 11 5.52 NoB <5 Bermuda 0.5 .5-1 Solid Set 12 5.11 NoB <5 Bermuda 0.5 .5-1 Solid Set 1 C 2.69 AuB <5 Matua 0.5 .5-1 Pulls 6,9 39.79 Sheet2 TABLE 2 -Travelling Irrigation Gun Settings Make, Model and Type of Equipment: 3" Traveller Field No. Travel Application TRAVEL_ LANE Wetted Nozzle Operating Operating and Speed Rate Effective Effective Diameter Diameter Pressure Pressure Arc Hvdrant No. (ftlmin) fin/hr.) Width(ft.) Lenath(ft) {feet) (inches) at Gun(osi) at reel(Dsi) Pattern Comments - Acres oer ouil • ���� Sheet8 �-ACREAGE CALCULATIONS_-- -- ' •Solid - Traveller ---- Set 'Cent - -. ■� Page I • fi ij ED BULLARD IRRIGATION 3315 Hayfield Road P.O. Box 85 Wade, North Carolina 28395 (910) 483-7148 • (910) 483-2371 Facsimile (e07 a_t� FEW. Stan Bowles and Sons Wawa- ) NC ZFr31? ' March 20, 2003 Kenansville, NC Oro) 2 t 3- 4G z 1 � K Ed Bullard Irrigation proposes to modify the existing irrigation system as shown on the attached sketch and detailed below: Valley Model 8000 center pivot irrigation system, 600' x 6 5/8" galvanized spans Options: - CAMS programmable control panel - low pressure shut off - running light - 1.2 hp high speed motors -16.9x24tires - 2 hp end gun booster pump - end gun shut-off/stop-in-slot - "buffer zone" sprinkler control pkg- - end of field. shut-off w/ auto reverse (part -circle switch) - heavy duty post barricades - Nelson Rotator Trashbuster nozzle pkg. - hose drops w/ poly weights - ball valves -Nelson slow reverse end gun 800' 4" Pr 200 gasketed PVC pipe 775' electric power cable in polyethylene conduit Z ' 8" butterfly valve 2" air relief valve Miscellaneous electrical fittings, boxes, and controls as necessary for automatic operation with 2 existing electric pumps and 1 new 3 phase electric service and to comply with National Electric Code (NEC) including permits Miscellaneous irrigation fittings and adapters as necessary for proper operation and to tie in to existing underground PVC pipe at 2 locations Concrete pivot pad and pipeline thrust blocks . Field Engineering and layout Installation, all items (electrical, mechanical, and civil/structural) Freight NC Sales Tax u 6 W A TFR Michael F. Easley, Governor C� Q William G. Ross Jr., Secretary yNorth Carolina Department of Environment and Natural Resources � Alan W. Klimek, P.E. Director Division of Water Quality Stan Bowles 607 Curtis Rd Warsaw, NC 28398 August 25, 2003 Subject: Rescission of Notice of Violation 1 Issuance of Notice of Deficiency Bowles & Sons Farm Inc Farm 2 Facility # 31-152 Duplin County 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. AS71 N 6MR 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 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper http:llh2o.enf,state.nc.us _ Inadequate Freeboard Stan Bowies . August 25, 2003 Page 2 Thank you agaip 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, 5 Rick Shiver Water Quality Regional Supervisor CC: Kraig Weslerbeek, Murphy -Brown, LLC Billy Housion, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wjhmingtap=Files-3:17�T52 eulliptiance and Entrcement Unit Central Files o��� W A r�9QVAUJU17 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 MAEL RETURN RECEIPT REQUESTED Stan Bowles 607 Curtis Rd Warsaw NC 28398 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Bowles & Sons Farm Inc Farm 2 #31-152 Duplin County Dear Sir or Madam: On March 21, 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 July 7, 1997. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following. a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NCDENR 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/Alfirmatnre Action Employer 50% recycled / 10% post -consumer paper ht tp:Uh2o. enr. sta te. nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Wilmington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Once this information is received and evaluated by the DWQ staff, a determination will be made as _to, the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at (910) 395-3900. Xmnce.ety, AlanW. Klimek, P.E. Director cc: Wilmington Regional Office Non -Discharge Compliance/Enforcement Unit Central Files Department of Environment and Natural Resources r3 - 03 Division of Water Quality �,q-, Animal Waste Management Systems NPDES Short Form B -- Existing Facility The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections that are appropriate. If a question has not been completed by the Division, please answer it to the best of your ability. Do not leave any question unanswered. I Facility Number: Facility Number: 31 - 152 or Permit Number: NCA231152 2 Facility Name: Bowles & Sons Farm Inc Farm 2 3 4 Landowner's name (must match the name on the -Certified Animal Waste Management Plan): Stan Bowles Landowner's Mailing address: 607 Curtis Rd City, State: Warsaw NC Zip: 28398 Telephone Number (include area code): 910-293-7654 (office) 296-0814 (farm) 5 County where facility is located: Duplin 6 Farm Manager's name (if different from Landowner): Tres Bowles 7 Farm Manager's telephone number (include area code): 9 10 Submit a copy of the most recent Waste Utilization Plan for this facility with this application. The Waste Utilization Plan must be signed by the owner and a technical specialist. I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both for a similar offense.) Printed Name of Signing Official (Landowner, or if multiple Landowners, all landowners should sign. If Landowner is a corporation, signature should be by a principal executive officer of the corporation): Name:o��� �" SonS �G�� ^'►5 JJ'Ac-• Title: 5� G — Signature: �.. Date: C;)- — 3 THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 715-6048 NPDES SHORT FORM B - Existing sue,. "r yw'�1ri4•-°„�irr, �, -i f �. , , .. A � r,.,;r.� :. t. � .: 11S ;`i". 1, H ' • r 1 'Y '�,r,•��.'� •.f� r� �JS f/ ,- T � �I,i � � �n �'� ��� - [��Fn`k -S, r `'•t J ;` fY.kjiN�l}lYFrl� 1 +q � s� "i'A,anrr®..uw.wr•.'u> e�t'°-4` T' "`.' '''� 1 ,�y t ! ko- r, wr �' �e r�`�. ''d..ri..+.--...••'.a:s j r '! a r r,ti i ,:,>t,�. MS l �l .:,�'\r (i t .' 4 - f 'r .e .M.p..r. r s',�l +, '1• y V.�a'j,' r r -t +-.r ,•i s t ! w -- ! r�'2!t 3r�--„5 „nr�+".,"�_l_._..r' i rr yn %�fi "e;. r � .«.-...��r ,� _. I ai 4' Y oS.t�q 'vir"� t s•e''� r -[x. l ��+i,f•Lyr"+FS;. 1 1' v a �9.ra`j Y+ +:�..r'' 'i r ' k i�- �r�i r 4r rr � �r,-+y+' ,� �' � "; )Jr � ! 1 -X' ��4G.t.+ GGfR ta•7! � „ !s - i 11 j�w 'I� Fr I y r 1''1 I 'ix s � r ! , .rr Y >,t sy °`r, �.�•' '.. - r i r {. ~ + ' 4sl'tr r ", y5,'�..• y t• y r f �f '" r sr't a 9 r , �i ,I43� � , Ua3•xy'-J T +" k�s , � ;(y;�`` iJ.r, ,' rx 1 ° t 1 iV`t' ! � t q� P, n , i' �,,, 'I�` PxI ` ° y',���'+r� , $$ � r• ,': - � K 1-!r � {�}`&, •y, � !xr { 6i"� ��' rr }, It `Sr '! y I t- �l}b� ! i- •}, �! 1 •! r Y, ,r s sr: =�1 4 i r I!s Y i !t t r ; �y�7 � t j 11= # ti ,'s+ w!! t-� +era f J �Yt-' �l �l i 1 ',• v,.�m'y7j� 'f � f}- !rr ! 1� r I-� ... � � r,. i::• 1. ` .Y, -'F , yr. 99'' rr !�T � y -' : I r r'y 4 t � }.t rJ�:;�J� �f.�r! 3`h�r �7s�'n ' rit, �° r Ali (., `5' {��. r ''"t ��, -�! kd I,r{a=Y .r 4,r -.�� 1•. �isV.,l ti��i FrN �,' iir/ v��',' '+•ii, ill " q �s,/�' awrry•' r 'tr-' f - � i7 }yi 3rl�ri 4s! 'i !!"r'aA'i�-r�^_'4.• r i k3r - 3 Yi7j�d, .rr .{ '� v - # - lt.i:_ r i➢� a r.ls� I�lr4� . . ! !'.:' <'S - ! j, k,!. 2. Z t Ui ,v 11 � r � . - r r j t l r : 1 ti r ; _ ;r! ♦ K wY''-' f :1 i�we�yJt4f .t.� _ :f s �,.nrt� S�S r �". "." �•i 5 r , Y a _: 'r f �� � t W. 1 x - u•�j, r •+r R, ! t., •4 rrstw ,.�=vt �. ..�1",. Y-' I I f • 9 Wettable Acres Determination Certification Name of Facility: Bowles and Sons #2 Facility Number: 31-152 Owner(s) Name: Stan Bowles Phone No: (910) 296 0814 Mailing Address: 607 Curtis Rd. Warsaw, NC 28398 By signing this form, the facility owner and Technical Spetialist acknowledge the completion of the Wettable Acres Determination. All necessary Wettable Acre Determination Field Data Sheets and calculations were completed to conduct a Wettable Acre Determination. The facility's Waste Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all worksheets, calculations, and other Wettable Acres Determination document along with the applicable Waste Utilization Plan and Wettable Acre Determination Certification will be filed with the local Soil and Water Conservation District. A copy will also be kept on site with the Certified Animal Waste Management Plan. Any future modifications must be approved by a technical specialist a filed with the Soil and Water Conservation District prior to implementation. If any modifications to the isting irrigation system or any new irrigation equipment was required to adequately address the waste me gement needs ofthis facility, Owner Name: Stan Bowles Owner Signature: J� Technical Specialist Name: Technical Specialist Signature: 4- "� o rnS -1 a,( Ift_,L "C.. . 11 (,//:S/o l If assisted be an Irrigation Specia�st or Pr¢fessional Engineer please read and sign below: Animal waste application equipment has been designed or modified to apply waste as necessary to accommodate the waste management plan and according to NRCS Standards. Animal waste application equipment has been installed according to NRCS Standards and is ready for use. Irrigation Specialist 1 PE Name: Irrigation Specialist 1 PE Signature: Date: Submit this form to: Attn: Sonya Avant Non -Discharge Compliance Unit Division of Water Quality 1617 Mail Service Center Raleigh. NC 27699-1617 WADC - 7199 State of North Carolina Department of Envirom and Natural Resources James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Stan Bowles Bowles & Sons Farm Inc Farm 2 607 Curtis Rd Warsaw NC 28398 Dear Stan Bowles: • JUL o 12000 !� CDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 3, 2000 Subject: Notification for Wettable Acre Determination Animal Waste Management System Bowles & Sons Farm Inc Farm 2 Facility Number 31-152 Duplin County 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 Dean Hunkele on 1 1/15/99 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 Dean Hunkele the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Dean Hunkele, at 127 Cardinal Drive Extension, Wilmington, NC 28404, within in 90 days of the receipt of this letter. If you have any questions please contact Dean Hunkele at (910) 395-3900. If within 90 days you are unable to provide Dean Hunkele 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% recycled/10% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: ❑ Your facility has been identified by th a Department of Environment and Natural Resources as a facility that may have overestirnated 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 Nlanagerrient'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 Determinations. 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 mast 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 docurnentation 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: Wilminaton Regional Office 01 Duplin County Soil and Water Conservation District Facility File COUNTY : DUPLIN QUAD N0: REPORT TO : 1Y1110 Rcginunl Office COLLECTORISJ PARRISAVRENN DATE: 1ISM T161E: PURPOSE' 0"nc.: LABORATORYANALYSIS 0OD 310 rng/L COD High 140 rngll. COD Law 335 ll) lVL Coliform: MI' Fecal 31616 A001111 Cohretm: hl F 7 clal 31504 1100nd TOC mgll 1 mbitily N I IJ Residue. Suspended 530 mg4. [alai Suspended solids iag/l- pl1 units Alkalinity in pl1 4 5 me4. Alkalinity 10 PI1 8 3 mglL Carbonale mg/L 8icarboualc me'L Car ban diayide rnul L X Chloride 140 mg/L Chromium. Ilex 1012 ug,L Color lr uc RO c u Cyanide 720 rng'I. COMMEN1 S Loculit orSile: Dcscriplion of sampling point Sarnpliq hlelhod: Remarks MAR 1 1 1999 DIVISION 01; WATER QtJA1,(.Ij_y — Chrml%Iry Labm'plory Itrporl / Grmmd (Va1rr Qnalily SAMPLE PWOR1I Y JROUT INE �CMCRGENCY CHAIN OF CUSTODY ❑ 1 1V SAMPLE TYPE S'1'AK 110"'I.ESAARIES 11ROWN FARMS X Diss Solids 70300 420 mg/L I'Irrm ide 951 nrglL Hai dncss: imal 900 nrg1L Hmduess' (norrcarb)902 mg(L Phenols 32,30 ugft, X SpccificCond.95 580 umhoslcrrr2 X Sulhle �6 mg/l, Sal G& 745 mgit. M I IA S mg1L l lit aml Grease rng/L X Silica 32 nrg/L Iluton fur maldeln'de urg/L X NI IJ as N 610 0.95 mg1L X 'I KW as N 625 2.6 mg/L X NO2 1 NO3 as n 6J0 0,10 mWL X P I'ottd as P 665 8.2 mg/L 1'04 mg/L Ag-Silver 46566 ug/L Al -Aluminum 46557 ufVL As -Arsenic 46551 ug/L 0a-Harium 46558 ug1l. Ca-Culciam 46552 mel- Cd-Cadium 46559 OWL Cr-Chromium 46560 ug/L X Cu. Copper 1042 30 ug1L X Fe. lion 1045 32,000 ug/L IIs- Mercury 71900 ug1L X K-Putassium 46555 6.1 mg/L his- Magnesium 927 mg/L Mn•Mangonese 1055 uglL X No- Sodium 929 30 mg/L Ni-Nickel uelL Pli-Lead 46564 ug1L Se -Selenium ug/L 7-MZinc46567 220 ug/L I,abNumbcr 91i1111h Dale Iteceiud 1112/91 'Lime Re"iy ed ' 9:I5 AM Received By US Released Ily DS Dolercpmted 319199 0rg3nncldurinc Peslicides Organophosphows Pesticides Nilrogen Pesticides Acid I lerbicidcs Scmivolatiles 1 PI I -Diesel Range Volalile Vrgmrics (VOA hutde) TPI I-Gasaline Range 'I'PI1.13'7 EX Gasoline Rangc 31-I52.. 9G0012JAN s I North Carolina GFi04NDWATER FIELD/LAB FORM ti f',� rl t ;' yv :� 5 'F Department of Environment, Health, and Natural Ilesources DIVISION OF WATER QUALITY - GROUNDWATER SECTION Vun o — Serial No. Water Routine Lal. Long. ❑ Soll ❑ Emergency ❑ Other rl ) Report To: ARO, FRO, MRO, RFlO, WaRO, WIRO Chain of Custody l��_ WSRO, Kinston FO, Fed. Trust, Central 011., Other: Shipped by: Bus, fluii , Hand Del., Other Purpose: Collector(s):. Plfvl's, -wrann- Date 1 8 Thine 6',' Baseline, orn lai Compliance LUS Sfw,1 QeW t J.,,ti, fElm or FIELD ANALYSES Owner cs Bre, ..r r.-7 pH400 Spec. Cond.94 at 250 C Location or site Afar re e Temp.la oC Odor Description of sampling point H4.,-g"�tiraa✓ �'T ���'' Appearance c It, " J! Sampling Method r Field Analysis By: +r""� - Remarks LABORLIQRY ANALYSES sa ing' kne Lab Comments: GW-54 REV, 7196. Lab Number Y V bale Received 1 inre Rec'd b From: Bu ourier Hand Del., Other: Data Entry By: Ck: Date Reported: Peslicide Study, Federal Trust, Other: Diss, Solids 70300 mall Aq - Silver 46566 ug/l Flouride 951 mgll Al - Aluminum 46557 ugll l jardness: Total 900 rngll As - Arsenic 46551 ucl Hardness (non-carb)_902_ mall 13a -_Barium 46558 Uall _ l n l o U I Ca - Calcium 46552 m ll Cond. 95 uMhos/cm= Cd - Cadmlun146559 ugll ,6pecillc Sulfate 945 mall ^_Cr - Chromium 46500 ug/l Sulfide 745 rngll Cu - Copper 46562 T T Tugll S"A" Fe - Iron 46563 ugll Olt and Grease _ 1n911 Hg - Mercury 71900 _ ugll K - Potassium 46555 - Magnesium 46554_ _mg/l rngll _Mg Mn - Manganese 46565 N11 NHa as N 610 Inglt Na - Sodium 46556 mall NOO +-NOS as N 630 In/I Pb - Lead 46564 ugli P: Total as P 665 ring/1 - Selenium - _ Ug/1 _Se 7n - 71nn dR6r;7 rrnlr For Dissolved Analysis - submit lillered sample and write "DIS" in block. 0 Sample interval 0_.S Organochlorine Pesticides Organophosphorus Pesticides Nitrogen Pesticides_ Acid Herbicides PCB's _ Sendvolatile Orgarrles TPH - Diesel Range Volatile Organics (VOA boltle) TPH - Gasoline Range TPH - BTEX Gasollra Range Revised April 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number 3 k - 1Sa Operation is flagged for a wettable Farm Name: MU,Ie1 JZ­5 acre determination due to failure of On -Site Representative:'tK-_S $cj_Q_j Part H eligibility items) F1 F2 F3 F4 Inspector/Reviewer's Name: c 1,1111" Date of site visit: 1�_( Operation not required to secure WA. determination at this time based on exemption E1 E2 E3 E4 Date of most recent WUP: 6 Vn Operation pended for wettable acre S`,ri' determination based on P1 P2 P3 Annual farm PAN deficit. '� pounds Irrigation System(s)'- circle #:(Dhard-hose traveler; _2. center -pivot system; 3. linear -move system; 0 stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlportable pipe; 6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part II, overrides Part 1 exemption.) Et Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D21D3 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 Ill. (NOTE:75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibility checklist, Part 11- F1 F2 F3, before completing computational.table in Part 111). PART 11.75% Rule .Eligibility Checklist and .Documentation of WA Determination Requirements. WA Determinationrequired.because.operation fails -.one of the eligibility requirements listed below: _ F1 Lack ofmcreage;-whichTesuttedin:over:applicationmf.wastewater=(PAN) on:spray_ field(s) :accordingioJarm'sJasttwoyears:of-.Tmgationzecords.--: F2 Unclear, -illegible, -or lack of information/map. F3 Obviousfield-limitations-(numeroussiitches,dailure:-io:deductTequired:-...- bufr"er/setback:acreage;-or25% of fotal_acreageadentiTied:.iri �AWMP: inciudes -. _ small; irregulad y-s h aped fields = fields:less1han-5�cresforfravelers-or_lessthan 2 acres-for:stationarysprinklers). F4 WA determination required because CAWMP credits field(s)'s acreage -in excess of 75% of the respective field's total acreage as noted in table in Part III. Revised April 20, 1999 Facility Number Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD NUMBEW-2 TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMP ACRES FIELD % COMMENTS3 I FIELD NUMBER' - hydrant, pull,zone, or:point numbers -may be used in place of field numbers depending on CAWMP and type of irrication, system. - If pulls, etc. cross -more -than one held, inspectorlreviewer will have to combine fields to calculate 75% field by field determination for exemption; -otherwise operation will be subject to WA determination. FIELD NUMBER2 - must be clearly delineated on -map. COMMENTS' -back-up fields with CAWMP acFeage:exceeding L75% of its total:acres and having Teceived less than 50% of its annual PAN as -documented in the tarm's previous -two .years' ('1a97 & -1998) of irrigationTecords,--cannot serve -as -the sole basis -forrequiring a WA Determ_inabon:-Back-upfieldsTnust-be-noted in the -comment zection-and must be accessible by irrigation system. Part IV. Pending WA Determinations - P1 Plan lacks _following-.info>;mation: iz��� �. J �,p � _ c_,"eA (,,f s4Vtu P2 Plan -revision-may_satisfy75% role based on adequate overall PAN deficitt-and by adjusting -all fieldacreage:fo below 75% use rate P3 -Other (iefin process of installing new irrigation system): 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 Stan Bowles Bowles & Sons Farm Inc Farm 2 607 Curtis Rd Warsaw NC 28398 Dear Stan Bowles: 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AN[) NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-152 Duplin County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRYS, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. 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 4, N.C. DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GROUNDWATER SECTION SITE VISIT DATE: 1/8/99 SHEET: 1 OF 1 PROJECT: Stan Bowles/James Brown Farms COUNTY: Duplin OTHER PERSONNEL: Mr. Brian Wrenn TELEPHONE: (N/A) AFFILIATION: DWQ-WQS ABSTRACT OF INVESTIGATION: I went with Mr. Wrenn to the subject site for the purposes of collecting a shallow groundwater sample immediately downgradient of a seep that was occurring just downgradient of a hog lagoon (on Mr. Stan Bowles farm) on Mr. Brown's farm property. There was some concern that the seep might be originating from a suspected underdrain that exists beneath the lagoon and ground surface and possibly extends onto Mr. Brown's property. The water seep breaks out and runs by surface drainage for approximately 100 yards and collects in a muddy depression which Mr. Brown's free range cattle utilize. Downgradient from the depression is a stream. I installed the hand augered boring and constructed the piezometer as illustrated on the attached drawing. After the well appeared reasonably stabilized, I collected a groundwater measurement. I then removed three volumes of water from the piezometer (approximately 1.3 gallons) with a clean disposable bailer. Groundwater samples were collected at 14:20 and included pH and'fecal coliform (which were analyzed by EnviroChem, Inc.), and TKN, Total P, NH3, N031 NO2, silica, specific conductance, TDS, sulfate, and some specific metals (K, Zn, Cu, Na, Fe). The samples were all placed on ice immediately after sample collection and preserved, as required, by laboratory methods. The samples which were not analyzed by EnviroChem, Inc. were kept under ice and chain of custody seal until their shipment to the State's DWQ Chemistry Laboratory on 1/11/99. None of the holding times were exceeded. The installation area is a cattle field but the piezometer was placed in an area that appeared less frequented by the cattle and was free of excrement at the ground surface. The piezometer location was roughly 3 feet down gradient of the seep and 82 feet from the fence line that divides Mr. Brown's cattle field from Mr. Bowles property and hog waste lagoon. After sampling, the piezometer was abandoned with dry bentorute chips and sand (hydrated with distilled water). All materials used to install the piezometer and collect samples were removed from the site upon completion of site activities. cc: WiRO-WQS Brian Wrenn) _ Filed By: Bruce Parris S:IGWSI PARRIMAGINDUSTIBOWLESBMAN 1/19/99 R4k Laycoh —ter Y f� 'n F� e d g21 � J ® Lo,3� f Inn►�� -ALf elfe� Uorjno l iezowie�- 1oCaf�.d �awh¢rad�Qn'f" fro+„ See lime, 2'/ pvc. CasJ:7 Bell tanl'fe Sell / f :' -�AVfVC .slaffij Screen — Coar$e, Sand i ac Pvc weji P,A f Pr' e. z oppl et r C oNsf uc7i 9,1 0.1 SCALE: APPROVED BY DRAWN BY Jp\ DATE: Q State goITC,il�eS �r rav'+.,IS DRAWING NUMBER 'f1'TaEUMPOST 18AB•01E envirochem CONSULTING CHEMISTS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Rick Shiver Brian Wrenn Date Sampled: Sampled By: 12/14/98 Brian Wrenn SEEPAGE: 31-152 Environmental Chemists, Inc. MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (910) 392-0223 (Lab) Wilmington, North Carolina 29480 (910) 392-4424 (Fax) North Carolina 28405 NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 REPORT OF ANALYSIS Date of Report: December 31, 1998 Purchase Order #: Report Number: 8-4009 Report To: Rick Shiver Copy To: Brian Wrenn f PARAMETER Sample ID 31-152 / 1Nutrient,1 Fecal Lab IIi 9349 # Fecal Coliform, colonies/100mi 7800 Nitrate + Nitrite Nitrogen, NO3 + N% - N mg/L 2.32 Ammonia Nitrogen, NH3-N, mg/L 0.42 Total Kejeldahl Nitrogen, TKN mg/L 3.36 Total Phosphorus, P mg/L 0.67 Reviewed b • < and approved for release to the client. Eenvir7ochem N P�_ ENVIRONMENTAL CHEMISTS, INC Sam le Collection and Chain of Custody •.r 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4424 Z5am lei e: innuen[ Linuent weu, [rgm wont v[ner • er t- SAMPLE IDENTIFICATION COLLECTION Comp or Grab C12 mglL LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME TEMP NONE »[� [�:so. »No, Kac�ti TIilO OTHER K, (Z 0� 93� 4 ✓ � ( w p°C C 93y ✓ 1 c� ca -�O 43 C G C G C G C G C G C G C G C G NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. Temperature whe Received: 3 2°C _Accepted: �' Reje ted: I , Resample Requested: —Delivered By: n ,,� ��-- —received By: i ODate: —1 `" Time: " 300), 4 % mments: IMPORTANT NOTICE North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection and preservation. Client Must Provide the Following —Information 1. SAMPLE IDENTIFICATION (Container Associated with requested testing) 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE COLLECTED 4. TIME COLLECTED 5. SAMPLE COLLECTOR 6. PRESERVATION (Including Temperature and pH } Temperature. _Samples MUST be refrigerated or received on ice between 2 and 6° C. Samples received within two (2) hours of collection must show a downward trend. Therefore, please record temperature at collection in space provided on collection sheet. p: _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for metals samples reported to the Groundwater Section which must be acidified at the time of collection. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a violent reaction will occur. Dechlorinating Samples that Require Acid Preservation 1. Add 4-5 granules of thiosulfate to a bottle with no acid preservative ( unpreserved BODITSS bottle). 2. After mixing to disslove the thiosulfate, pour half of the sample into a bottle containing acid as a preservative ( AmmoniafTK1V) 3. Then completely fill both bottles with fresh sample. The Laboratory will verify and document the above requested information. ref. NCAC 2H.0805 (a) (7) (M) " At anytime a laboratory receives samples which do not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed, but the results reported must be qualified with the nature of the infraction(s). And the laboratory must notify the State Laboratory about the infraction(s). The notification must include a statement indicating corrective actions taken to prevent the problem for fidure samples. ref. NCAC 2H.0805 (a) (7) (N). " State of North Carolina RECEIVE Department of Environment and Natural Resources JUL 0 2 1998 Division of Water Quality James B. Hunt, Jr., Governor BY: Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 26, 1998 Stan Bowles Bowles & Sons Farm Inc Farm 2 607 Curtis Rd Warsaw NC 28398 D IT A&41 4111 =i4CEDENR Now NcwrrH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissuance of Certificate of Coverage No.AWS310152 Bowles & Sons Farm Inc Farm 2 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Stan Bowles: The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to this facility on July 7, 1997. In accordance with the issuance of the revised General.Permit, we are forwarding this Certificate of Coverage (COC) to Stan Bowles, 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 Bowles & Sons Farm Inc Farm 2, located in Duplin County, with an animal capacity of no greater than 7344 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void COC No AWS310152 dated July 7, 1997. The COC shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition 1J.10 regarding tree removal from lagoon embankments, Condition III.1 regarding inspection frequency of the waste treatment, storage and collection system and Condition 111.6 regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC, you are authorized and required to operate.the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310152 Bowles & Sons Farm Inc Farm 2 Page 2 Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding_ The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Katharine Keaton at (919) 733-5083 ext. 533. Sincerely, for A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File `11 STATE OF NORTH CAROLINA � � '� '' IN THE OFFICE OF •_ r -- [.ram COUNTY OF DUPLIN ,� 3,� sliADMINISTRATIVE HEARINGS 98 EHR 0480 BOWLES AND SONS FARMS, INC. Petitioner, V. SETTLEMENT AGREEMENT STATE OF NORTH CAROLINA, DEPT. OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY Respondent. Pursuant to N.C.G.S. § 15013-31(b), the North Carolina Department of Environment and Natural Resources (DENR), through its Division of Water Quality (DWQ), Respondent, and Bowles and Sons Farm, Inc., Petitioner, hereby enter into this Settlement Agreement in order to amicably resolve matters in controversy related to a civil penalty assessment assessed against Petitioner on March 9, 1998, for making an outlet to the waters of the State without a permit in violation ofN.C.G.S. § 143-215.1. The penalty was in the amount of $4758.24, which included $758.24 in investigative costs. AGREED UPON TERMS 1. In order to avoid the cost and delay of further litigation, the parties have entered into this Settlement Agreement and have agreed that all parties have been correctly designated and that there is no question as to misjoinder or nonjoinder. 2. Respondent DENR agrees to accept the payment of $1258.24 ($500.00 civil penalty plus $758.24 in investigative costs) in complete satisfaction of the civil penalty assessment subject to the terms of this Agreement. Payment shall be made by September 31, 1998, and shall be made } by check made payable to the North Carolina Department of Environment and Natural Resources at the following address: Attention: Dennis Ramsey Department of Environment and Natural Resources Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 3. The parties agree that the consideration for this settlement is the promises contained herein and that this Settlement Agreement contains the whole agreement between them. 4. Nothing in this Settlement Agreement shall restrict the right of DENR to inspect or take enforcement action against Petitioner for any new or subsequent violations of the North Carolina General Statutes, Chapter 143, Article 21, and the relevant rules promulgated thereunder, arising after the date of October 11, 1997, or the right of Petitioner to contest a subsequent enforcement action. 5. This agreement shall be binding upon the parties and is entered into knowingly, intelligently, and voluntarily. WITHDRAWAL 6. Petitioner agrees that upon entry of this Settlement Agreement, Petitioner will withdraw its petition for a contested case hearing in this matter. FOR. BOWLES &: SONS FARMS. INC � Stall Bowles II irm Suite 100 Raleigh, NC 27601 (252) 794-3161 Attorney for Defendant NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE By: A. Preston Howard, Jr., Dir for MICHAEL F. EASLEY Attorney General _ OAt By: M ry Carra ay Associa e Attorney General N.C. Dept. of Justice Environmental Division P.O. Box 629 Raleigh, NC 27602-0629 (919) 716-6600 Attorney for Plaintiff 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 March 10, 1998 CERTIFTED MAIL RETURN RECEIPT REQUESTED Mr. Stan Bowles Bowles Farm 607 Curtis Road Warsaw, NC 28398 Dear Mr. Bowies: ATW7-K?FA JNA"• ' NCDENR NORTH CAROLINA DEPARTMENT OF E=Nv1RONMENT AND NATURAL RESOURCES SUBJECT: Assessment of Civil Penalties for Violation(s) of G.S. 143-215.1_ Duplin County Permit #: AWS310152 File No. DV 97-015 This letter transmits notice of a civil penalty assessed against Stan Bowles in the amount of $4,758.24 including $758.24 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver farm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must, conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for.future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, J ., ATTACHMENTS cc: Wilmington Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF STAN BOWLES FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DV 97-015 �J FINDINGS AND DECISION } AND ASSESSMENT OF CIVIL PENALTIES } Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Stan Bowles operates a swine farm located along NCSR 1737 in Duplin County. B. Stan Bowles was issued Non -Discharge permit number AWS310152 on July 7, 1997 with an expiration date of December 31, 2001. C. On October 11, 1997, DWQ staff observed animal waste flowing from a drain tile located in the rear lagoon dike wall. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek which is classified as "C-Swamp" waters of the State within the Cape Fear River Basin. D. Stan Bowles had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $758.24. Based upon the above Findings of Fact, I make the following: Ii. CONCLUSIONS OF LAW: A. Stan Bowles is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). . B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. Stockinghead Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143-215.1. Q E. Stan Bowles may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Stan Bowles pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -2 82. 1 (b) (8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, Stan Bowles is hereby assessed a civil penalty of: $ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ TOTAL CIVIL PENALTY, which is Vo percent of the maximum penalty authorized by G.S. 143-215.6A. $ 758.24 Enforcement costs $ si % r- 2je TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 9~9- /y J.4� — (Date) A. Preston Howard, Jr., P E. irector Division of Water Quality 0 STATE OF NORTH CAROLINA ENVIRONIVIENTAL MANAGEMENT COMMISSION COUNTY OF 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 totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality 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 , 19_ ADDRESS TELEPHONE SIGNATURE , '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 March 10, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Stan Bowles Bowles Farm 607 Curtis Road Warsaw, NC 28398 Dear Mr. Bowles: r•• AdMIM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcEs SUBJECT: Assessment of Civil Penalties for Violation(s) of G.S. 143-215.1. Duplin County Permit #: AWS310152 File No. DV 97-015 This letter transmits notice of a civil penalty assessed against Stan Bowies in the amount of $4,758.24 including $758.24 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Afrwmative Action Employer 50% recycled110% post -consumer paper 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 Ietter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must, conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and 1 Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within the days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, J ., ATTACHMENTS cc: Wilmington Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF STAN BOWLES FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DV 97-015 ) } } FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES P J Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Stan Bowles operates a swine farm located along NCSR 1737 in Duplin County. B. Stan Bowles was issued Non -Discharge permit number AWS310152 on July 7, 1997 with an expiration date of December 31, 2001. C. On October 11, 1997, DWQ staff observed animal waste flowing from a drain tile located in the rear lagoon dike wall. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek which is classified as "C-Swamp" waters of the State within the Cape Fear River Basin. D. Stan Bowles had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $758.24, Based upon the above Findings of Fact, I make the following: Ii. CONCLUSIONS OF LAW: A. Stan Bowles is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). . B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. Stockinghead Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143-215.1. E. Stan Bowles may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The States enforcement costs in this matter may be assessed against Stan Bowles pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, Stan Bowles is hereby assessed a civil penalty of: $ '��� ' '� for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ Sicc,o • 40dw TOTAL CIVIL PENALTY, which is Vo percent of the maximum penalty authorized by G_S. 143-215.6A. $ 758.24 Enforcement costs $ 4 ?.57. ?#/ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P E. irector Division of Water Quality 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 totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality 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. 17 This the day of ADDRESS TELEPHONE SIGNATURE 19_ AUGUST 17,1998 Brian L. Wrenn Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Dear Mr. Wrenn: I am writing in regard to your letter of AUGUST 3,1998 about the NOTICE OF DEFICIENC les & Sons Farm , Inc Farm Number *2 , Facility Nu er 31-15 Duplin County . I wish to notify your office that required corrective actions have been taken and were complete on August 17 , 1990 . in compliance with guidelines. 1. Lagoon * 2 dike has been reseeded with vegetative cover. 2. Enclosed is a copy of Waste Utilization plan Ammendment for Matua. 3. Records will be kept by pull numbers and field number using the correct acreage for each pull. 4. New farm certification has been received and filed_ Sincerely, Stan Bowles , Pres. Bowles & Sons Farm , Inc_ 706 Curtis Road. Warsaw, N. C. Phone 9 10-293-7654 n WASTE UTILIZATION PLAN AMMENDMENT BOWLES AND SONS INC, FARM #2 8/ 12/98 The following is an ammendment to the original CAWMP for this farm. Mr. Bowles has planted matua bromegrass on one small field. Matua grows year round in this area, and yields should be similar to those seen with bermudagrass. This farm has had good successs with this grass so far, and will continue to monitor the yields. The following field is currently in matua: T7200 4 matua NoB 350#PAN 7.Oacres September -June The matua should be allowed to go to seed head in July and August, and should be mowed in August to allow the seed to be scattered on the ground. These seeds should germinate in September. Grower will cut matua for hay. All requirements of the original CAWMP should be followed except those adressed in this plan. Svimpny rallllly ral ills Technical Specialist Tres Bowles 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Stan Bowles Bowles & Sons Farm, Inc. 607 Curtis Road Warsaw, NC 28398 Dear Mr. Bowles: MIA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 31, 1998 REC,E1 VED AUo 0 4 1998 SUBJECT: Retraction of civil penalty and issuance of revised civil penalty Duplin County Retraction of Case #: DV 97-015 Issuance of Case #: DV 98-018 On March 9, 1998, the Division of Water Quality assessed a penalty in the amount of $4,758.24 against Stan Bowles for discharging animal waste to the waters of the State without a permit. Upon further investigation, it is the decision of the Division of Water Quality to retract civil penalty assessment case # DV 97-015. Attached please find a revised version of the assessment document with. new case # DV 98-018 assessing Bowles & Sons Farm, Inc. a civil penalty in the amount of $4,758.24. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Afrkmative Action Employer 50% recycled/10%a post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment Ietter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. IVVY;I 1 `" cc: Wilmington Regional -Supervisor w/-attachmentsr Compliance/Enforcement File w/ attachments Central Files w/ attachments Reef Ivey 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 August 3, 1998 Certified Mil # Z 312 646 222 Return R eipl Requested Mr. Stan Bowles Bowles and Sons, Inc. Farm #2 607 Curtis Road Warsaw, NC 28398 1'T •� NCDENR NORTH CAROLMA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NOTICE OF DEFICIENCY Bowles and Sons, Inc. Farm #2 Facility Number: 31-152 Duplin County Dear Mr. Bowles: On July 28, 1998, staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed that matua is planted in a spray field designated for Bermuda by the Certified Animal Waste Management Plan (CAWMP). The CAWMP should be revised to include the crops presently in the spray field, or the appropriate crop should be planted in the spray field to reflect the current CAWMP. In addition, bare areas on the dike wall of lagoon #2 should be re -vegetated. The spray records should be kept by the spray pull number and the field number, using the correct wetted acreage for each pull when calculating the nitrogen balances. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit. 127 North Cardinal Br., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Stan Bowles August 3, 1998 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 Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call David Holsinger, Dean Hunkele or Brian Wrenn at 910-395-3900. Sincerely, ,&—/, t4l)"-- Brian L. Wrenn Environmental Specialist cc: Harold ]ones, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms Operations Branch Wilmington Files S.•IWQSIBRUNWIDEF981DUPLIM31-152.DEF 10:48A Envirochem 1 Q 910 392 4424 P.O1 Environmental Chemists, Inc. 6602 Windmill Way CONSULTING Wilmington, NC 28405 CHEMISTS FAX TRANSMITTAL pare -ax i#: Company: No. of Pages to Follow: @ ENVIROCHEM 910-392-0223 Phone 910-392-4424 Fax !te�saae:`Vt,iL� St SE' S� i S �i f� T—`1CC� c � 10:48A Envirochem 910 392 4424 P.02 Environmental Chemists, Inc. 4 120, MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (910) 392-0223 fLab) Wilmington, CONS01-TING North Carolina 28490 (910) 392-4424 (Fax) North Carolina 28405 CHEMISTS NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDEIIN-R-DWQ 127 N. Cardinal DriNv Ext. Wilmington, NC 28405 Attn: Ri: k Shiver Brian Wrenn REPORT OF ANALYSiS Bate Sampled: 12/14/99 Sampled By: Brian Wrenn SEEPAGE: 31-152 Date of Report : December 31, 1998 Purchase Order 4- Report Number: 9-4009 Report To: Rick Shiva Copy To: Brian Wrenn _ PARAMETER Sample ple 1D 31-152 11 Nutrient, I Fecal Lab ID 9349 # Fecal ioVerm, colonies/100m1 7800 Nitrate + Nitrite Nitrogen, NOa + NC2 - N mgfL 2.32 ! Ammonia Nitrogen, NH3-N, mgfL 0.42 Total Ke;eldahl Nitrogen, TKN mgfL 3.36 Total PE osphorus, P mgfL 0.67 Reviewed b1, and approved for release to the client. 0 (Y) —741 ENVIRONMENTAL CHEMISTS, INC envirochem Sample Collection and Chain of Custody Client: T )� IN. I Collecled By: Inflivont Mlipnt Wa-11 QktrPiAm .4�Ail(—nt= ON 0) M 0 H 0) 6602 Windmill Way Wilmington, NC 28405 Plione. (910) 392-0223 FAX: (910) 392-4424 SAMPLE IDENTIFICATION COLUCTION Comp C, or rah C1, ] Mg/L LAB ID PRESERVATION ANALVS1.1; REQUESTF0 DATE TIME TEMP NONE 110 llzs()4 HNO, NH011 HUC) 01,11YR ZI r'z- Cal C 73,19/9 C G C G G G C C G C NOTICE — DECHLORINATION Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 pprn or less) in the field at the time of collection. See reverse side for instructions. Transter -Rdimmished BY: Date/Time Receiyed By- —Date/Time I --2 co Temperature wlle ,Received: ))-'C Accepted: tC(I* Resample Requested: Delivered By: -r—�---Received By: )ate: Time: A,fzrhkjr� - 'A 2� (j Comments: 7e,virochem a ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody. 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4424 Sam ie t e: tnnuent Emuent wen btream aou utner • er ojg- SAMPLE IDENTIFICATION COLLECTION Comp Grab or C11 mglL LAB ]p PRESERVATION ANALYSIS REQUESTED DATE TIME TEMP ONE 110 II,SQ, HNO$ Na0E1 T1110 OTHER C J. c G C G C G C G C G C G C G C G NOTICE - DECHLORINATION c Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must he dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. Transfer -Relinaueshed By& Datcaime Received BY: Date/Time Temperature whe Received: Accepted: - Ree ted: . Resample Requested: Delivered By: ,r-.�--� ---Received By: zODate: -11-- l Time: C'ontments: J STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF BOWLES & SONS FARM, INC. FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 98-018 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES } Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, A_ Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: 1. FINDINGS OF FACT: A. Bowles & Sons Farm, Inc. operates a swine farm located along NCSR 1737 in Duplin County. B. Bowles & Sons Farm, Inc. was issued Non -Discharge permit number AWS310152 on July 7, 1997 with an expiration date of December 31, 2001. C. On October 11, 1997, DWQ staff observed animal waste flowing from a drain file located in the rear lagoon dike wall. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek which is classified as "C-Swamp" waters of the State within the Cape Fear River Basin. D. Bowles & Sons Farm, Inc. had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $758.24_ Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Bowles & Sons Farm, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1_ C. Stockinghead Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G. S. 143-215.1(a)(1), for which a permit is required by G. S _ 143-215.1. E. Bowles & Sons Farm, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Bowles & Sons Farm, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. 1 (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Bowles & Sons Farm, Inc. is hereby assessed a civil penalty of: $ Tom_ o .y ca for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 758.24 Enforcement costs $ SF!5-S • 24 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement p oce— e44 le res. 7..&- ?� (Date) A. Preston Howard, Jr. , Director Division of Water Quality DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESS'NIENf Violator: Countv: N', Case Number: ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public he th, or to private property resulting from the violation; clot significant ( )moderately significant ( )significant ( }Very significant { )extremely significant 2) The duz anon and gray' f tie violation; ( )not signifi ",Vit (�fnoderately significant ( )significant ( )very significant ( )extremely significant 3) The effect n ground or surface water quantity or quality or on :._r quality; ( of significant ( )moderately significant( )significant ( )Very signifzcant ( )extremely sia-nificant 4) The cost rectifying the damage; ( not significant ( )moderately significant ( )significant ( )ve.v signircant ( )extremely significant 5) The amount of money, saved noncompliance; ( )not significant C4moderacely significant ( )Significant ( )very significant ( )extremely significant 6) Whether tA violation was committed willfully or intentionally; of significant ()moderately significant ()sI ficant ( )very significant ( )extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regula (or authority; and not significant ( )moderately significant ( )significant { )very significant ( )extremely significant 8) The cost the State of the enforcement procedures- ( not significant ( )moderately si., icant ( )significant ( )very significant { )extremely significan D to A: Preston Howard, Jr.,�P.E. REMISSION, FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( } Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) 'Whether the violation was inadvertent or a result of an accident; Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date A. Preston Howard, Jr., P.E. Name of Farm/Facility Location of Farm/Facility Owner's Name, Address and Telephone Number Date of Inspection 1a�cJoar'S Structural Height, Feet Lagoon Surface Area, Acres Upstream Slope,xH:1V Embankment Sliding? (Check One, Describe if Yes) Lagoon Dike Inspection Report 3a- is Z `r2-7 Names of Inspectors 1-7 » Freeboard, Feet .46CCjj 7aj-lj, SrTop Width, Feet • S % Downstream Slope, xH:1 V Yes--! No Seepage? Yes _ V _ No — (Check . . (Check One, Describe if Yes) Erosion? Yes _� No (Check One, Describe if Yes) Condition of Vegetative Cover (Grass, Trees) Did Dike Overtop? Follow -Up Inspection Needed? Engineering Study Needed? Yes L,- Nv If Yes, Depth of Overtopping, Feet Yes L--�No Yes No Is Damn Jurisdictional to the Dam Safety Law of 1967? Other Comments Yes JZNo Name of Farm/Facility Location of Farm/Facility Lagoon Dike Inspection ReportBc?rtl�)e i. Owner's Name. Address 5-Ar' V, Goc�i��S and Telephone Number �3 1a-soon5 Oyl Sty Date of Inspection !L 27"- QC? Structural Height, Feet Names of Inspectors inc�a Freeboard, -P� all _�20 f Lagoon Surface Area, Acres 60) 6-�An 2uTop Width, Feet 45d 10iro,,4e%A J Upstream Slope,xH: i V all aWLA f % 1 Downstream Slope, xH: IV .6xi 2emunl 3 Embankment Sliding? Yes _� No (Check One, Describe if Yes) Seepage? Yes V No (Check One, Describe if Yes) Erosion? Yes o (Check One, Describe if Yes) Condition of Vegetative Cover (Grass, Trees) Did Dike Overtop? Follow -Up Inspection Needed? Engineering Study Needed? --- Z o of Yes V No If Yes, Depth of Overtopping, Feet Yes &f�No Yes � vo Is Dam Jurisdictional to the Darn Safety Law of 1967? Other Comments Yes No State of North Carolina Department of Environment, LTIWA Health and Natural Resources ` • • Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p FE H N F1 A. Preston Howard, Jr., P.E., Director June 11, 1997 CERTIFIED MAIL ' :-X1111 *two Stan Bowles Bowles & Sons Farm Inc Farm 2A & 2B 607 Curtis Rd Warsaw NC 28398 Farm Number: 31-152 Dear Stan Bowles : You are hereby notified that Bowles & Sons Farm Inc Farm 2A & 2B, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has thirty (30) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. if any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and. two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Permits and Engineering Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any question concerning this letter, please call John Jallah at (919) 733-5083 extension 364 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900 Xy,� V"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) 733-50133 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper �7 1� � � � 1l� TpV .� � J Jiti i �'• e' i � r i Tvy " ,, � 4 - 0. ^4e�'yr� +,>,,,� ,` 1 ` . i S :ggyy��,, + -.��•' ' f . � `��.:t r+ . � '`� - J _ _ '�_: • '1 r •. ��.� k yYl rrr F ; 'l, \� :�:�1 .3i',•� S; ,I. Yl.. ♦�y�L }� �ySF/� Y,l'.,Iq• wa, State of North Carolina Department of Environment, F ECEIVEDHealth and Natural ResourceJULic97 Division of Water Quality James B. Hunt, Jr., Governor BY' Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 7, 1997 Stan Bowles Bowles & Sons Farm Inc Farm 2A & 2B 607 Curtis Rd Warsaw NC 28398 A4,1i* 4� E:>EHNR Subject: Certificate of Coverage No. AWS310152 Bowles & Sons Farm Inc Farm 2A & 2B Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Stan Bowles: In accordance with your application received on June 18, 1997, we are forwarding this Certificate of Coverage (COC) to Farm No. 31-152, authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with the State's General Permit (attached). This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Bowles & Sons Farm Inc Farm 2A & 2B, located in Duplin County, with an animal capacity of no greater than 7344 Feeder to Finish and the application to a minimum of 45.2 acres of land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until December 31, 2001. Pursuant to this 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. In accordance with General Statue 143-215.10C, Animal Waste Management Plans shall include the following components: - A checklist of odor sources and best management practices to minimize these sources. - A checklist of insect sources and best management practices to minimize these sources. - Provisions set forth for acceptable methods of disposing of mortalities. - Provisions regarding emergency action plans. Your existing Certified Animal Waste Management Plan must include the above elements, by December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal of the amended certification statement shall be required upon renewal of your permit coverage in 2001. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Upon notification by the Division of this COC's expiration, you shall apply -for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 733-5083 ext. 363. Sincerely, -,(_.A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all ec's) Duplin County Health Department Wilmington-Regional-Offiee� Water Quality SectionD Duplin County Soil and Water Conservation District Permit Files Michael F. Easley, Governor o�o� W A TFRQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 1, 2007C3�ED Stan Bowles Bowles & Sons Farm Inc Farm 2 JUN 8 2007 607 Curtis Rd Warsaw, -NC 28398 Subject: Certificate of Coverage No. AWS310152 Bowles & Sons Farm Inc Farm 2 Animal Waste Management System Duplin County Dear Stan Bowles: In accordance with your application received on 8-Jan-07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Stan Bowles, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Bowles & Sons Farm Inc Farm 2, located in Duplin County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 7344 Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition III.19 does not apply. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pav careful attention to the record keelfing and monitoring conditions in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwataqualitv.are Location: 2728 Capital Boulevard An Equal OpportunitylAffirmative Acton Employer- 50% Recydedl10% Post Consumer Paper North Carolina Aqlllraill, Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer service: (877) 623-6748 If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate 4 under this p&rnit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior -to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is wade within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-395-3900. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff -at (919) 733- 3221. - Sincerely, for Coleen H. Sullins Enclosures (General Permit AWG100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Duplin County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AWS310152 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary November 25, 1997 MEMORANDUM TO: Dennis Ramsey, Environmental Supervisor Water Quality, Non -discharge Branch I , 0 �f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 FROM: Rick Shiver, Regional Supervisor �� S Wilmington Regional Office SUBJECT: Enforcement Report Stan Bowles Farm Facility Number: 31-152 DupIin County Attached please find the subject enforcement report which was prepared by Mr. David Holsinger of the Wilmington Regional Office. The report concludes that Stan Bowles Farm violated Title 15A NCAC 2H .0217 and G.S. 143-215.1, by making an outlet to waters of the State without the appropriate permit. It is recommended that appropriate civil penalties be assessed in accordance with NCGS 143-215.6A (a)(6). If you have any further questions, please contact me at 910-395-3900. ATTACHMENTS drh: 31-152#2.mem CC: W.ilifi gton-Regianal-OfClce3 127 North Cardinal Dr., Wilmington, North Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 31, 1997 CERTIFIED MAIL rr Z 312 636 665 RETURN RECEIPT REQUESTED ' Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 Subject: Notice of Violation Stan Bowles Farm Farm Number: 31-152 Duplin County Dear Mr. Bowles: NCDENFt NORTH CAROLINA DF--ARTMENT OF ENVnaoNMENT AND NA--1RAL RESOURCES You are hereby notified that Stan Bowles Farm, which has been permitted to have a nondischarEe permit for an animal waste disposal system pursuant to I5A NCAC 2H .0217 and G.S 1 ".3.215.1, has been found to be in violation of its Animal Waste Permit_ On October 11. 1997, In response to a complaint, staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) sen.ing this operation. Animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent grope:zv and to Stockinghead Creek,a tributary- of the Northeast Cape Fear River. It would appear that the drain tie failed to be removed prior to the construction of this lagoon. This incident is a violation of your animal waste permit number: AWS310152. The Division of Water Quality will may proceed to revoke Stan Bowles Farm's permit unless the following conditions are completed: I. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Mahe any and all modifications needed to ensure there will be no future discharges. I27 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FA\ 910-350-2004 An Equal Opportuniry Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment and Natural Resources Wihning on Regional Office James B. Hunt, Jr., Governor Warne McDevitt, Secretary October 31, 1997 CERTIFIED MAIL. Z 312 636 705 REn-RN RECEIPT RE01MSTED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 ,009;%A IT i•. NCDENR FNVIRONMF_MT AND N'c.TURAL RE5OUF: Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stan Bowles Farm Chinquapin, T.C. Duplin County Dear Mr. Bowles: This letter is to notify you that the'Vilrninffton Regional Office of the Division of Water Quality is considering submittal of a recommendation for enforcement action to the Director of the Division of 1,Vater Quality. The recommendation concerns the-7olation of Title 1 aA of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, SeCli= .0217(d). On October 11. 1997, animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent property and to Stockinahead Creek. a tributa-%- of the Northeast Cape Fear River. This incident is a violation of your animal waste permit number: AWS310152. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate; your explanation will be forwarded to the Director 'A-ith the enforcement package for his consideration. If you have any questions concerning this maner. please contact Mr- David Holsinger, or rrlVse?f at the Wilmington Regional Office at (910) 395-3900. cc: Compliance Section Wilmington Files Sinc--rely- C Rick Shiver, P.G. Regional Supervisor S:\WQS\DAVEH\DUPLTN\31-152--.ROE 127 North Cardinal Dr., Wilmington. North Carolina 2S404 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recvcled110% post -consumer paper STATE OF NORTH CAROLINA NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF - STAN BOWLES FARM FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT ENVIRONMENTAL MANAGEMENT COMMISSION File No. DV_ FINDINGS AND DECISION AND ASSESSMENT OF 1 CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Water Quality (DWQ), make the following: � INO0 11 &ZK*Td TA" A. Stan Bowles operates a swine animal operation located along NCSR 1737 in Duplin County. B. Stan Bowles was deemed permitted on October 28, 1995, in accordance with 15A NCAC 2H .0217(c). C. On October 11, 1997, DWQ staff observed animal waste flowing from a drain tile located in the rear lagoon dike wall. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek which are Class "C-Swamp" Waters of the State within the Cape Fear River Basin. D. Stan Bowles had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $758.24 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Stan Bowles is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217(a) and G.S. 143-215.1. C. Stockinghead Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D. The above cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143-215.1. E. Stan Bowles may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates any - - - -- - - = classification, standard"limitation;-or management practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against Stan Bowles pursuant to G.S. 143-215.3(a)(4) and G.S. I43B-282.I(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Stan Bowles is hereby assessed a civil penalty of: $ _ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215-6A. $ 758.24 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Water Quality Division of Water Quality - - - ENFORCEMENT -CASE -ASSESSMENT FACTORS - Type: (DV) Violator: Stan Bowles Farms Address: 607 Curtis Road Warsaw, North Carolina 28398 Regional Office: Wilmington 1. The degree and extent -of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: In stream samples taken from the unnamed tributary of Stockinghead Creek and the adjoining property displayed fecal coliform bacteria levels of up to 100,000 colonies per 100 ml. This represents levels greater than 500 times the assigned stream standard. Levels of other constituents found were as follows: Ammonia Nitrogen, NH3-N 511 mg/L TKN 521 mg/L NO3 + NO2 0.21 mg/L Total P 88.5 mg/L 2. The duration and gravity of the violation: The evidence indicates that the drain the was not properly removed during the construction of the lagoon structure three years ago. Wastewater was observed ponding on the adjoining property some 75 yards from the the outlet. The intervening wooded area was thoroughly saturated with waste leading to an unnamed tributary of Stockinghead Creek. Flow rate from the the was estimated at 2.5 gallons per minute or 3,600 gallons per day. Due to the location of the tile outlet, the Division cannot confirm that the discharge was not occurring as early as the January 16, 1997 inspection. 3. The effect on ground or surface water quantity or quality or on air quality: The effects to groundwater and air were not documented. Water quality was impacted as determined by water quality analysis. 4. 5. NP. The cost of rectifying the damage: -The- cost --to- rectify the- environmental damage 'eannot -be easily estimated. Removal of the drain the may have required several thousand dollars. The ponded waste on adjacent property was left to naturally attenuate. Stockinghead Creek is classified as "C-Swamp" waters of the State. Animal waste discharged into a receiving stream will degrade water quality due to very high levels of pathogens (ie. fecal coliform bacteria), ammonia, nutrients and other dissolved oxygen reducing constituents. . 0 The amount of money saved by noncompliance: The amount of money saved by noncompliance is not known. However, properly trenching the area prior to the lagoon construction does require significant cost. Whether the violation was committed willfully or intentionally: There is no indication that the drain the was intentionally left in -situ during construction. However, it would appear that the appropriate care was not taken in assuring that all of the drain tile was removed from the site prior to construction. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: The Wilmington office has answered several complaints involving this facility in the past two years. These complaints ranged from strong odors to suspicion of animal waste in a watercourse. Stan Bowles received a Notice of Violation on December 18, 1996 due to over application of animal waste. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $758.24, as follows: Staff Holsinger, 12.0 hrs. Wrenn, 3.0 hrs. Mileage (126 miles@ $0.28 per mile) Photography (film & Development) Laboratory costs Administrative costs $261.36 $ 53.10 $ 35.28 $ 14.50 $294 . 00 $100.00 9. Type of violator and general nature of business (i.e. -Individual vs. large corporation) -:-- Individual._ - - 10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: Upon the discovery of the discharge, Mr. Bowles contacted Dr. Garth Boyd of Murphy Farms. Under advise of the Division's inspector, Mr. Bowles dug a holding pond adjacent to the tile outlet in order to limit further discharge of wastewater. In addition, this provided a collection basin for the wastewater to be pumped back into the lagoon structure. Dr. Boyd brought in equipment to remove the drain tile and permanently cease the discharge. A cofferdam was constructed inside the lagoon and the tile was removed on October 11, 1997. Dr. Boyd contacted the inspector to inform him of the progress made to that point and confirm the termination of activities for the day. On Monday October 13, 1997, Mr. Brian Wrenn conducted a follow-up inspection to verify the completion of the work and to provide any further assistance needed. No effort was made to clean up the waste ponded on the adjacent property due to the dense vegetative cover of most of the area. 11. Mitigating Circumstances: None. 12. Owner of property where the discharge occurred: Stan Bowles Farms, Inc. 13. Pictures of violation: Included (attached) 14. Assessment Factors: a) IWC: n/a b) Receiving Stream: Stockinghead Creek, Northeast Cape Fear River Basin c) SOC/JOC status/negotiations: n/a d) Copy of MP Screen: n/a e) Copy of Limits Page in Permit: (0) nondischarge. S:\WQS\DAVEH\DUPLIN\31-152#2.CAF .i 0 N97 - BY: Bowles & Sons Farm, Inc: - - - -- - 607 Curtis Road Warsaw, NC 28398 November 7, 1997 Mr. Rick Shiver NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 Dear Mr. Shiver: In response to your certified letter #Z 312 6036 665 of October 31, 1997 issuing a notice of violation, the following is the sequence of events that occurred beginning on Saturday, October 13, 1997: 1 1:45 AM Dave Holsinger and I observed a small amount of liquid bubbling out from under a dense mat of vegetation in the tree line below the lagoon of Stan Bowles Farm #2. Immediately called Garth Boyd at Murphy Family Farms. NOON Garth Boyd arrived and we bush -hogged the area to better identify the source of the problem. 1:30 PM Several other MFF personnel, track hoe and pump arrived and within ten (10) minutes a containment ditch was dug, which exposed the plastic drain tile that had caused the problem. Pumping of the lagoon effluent back into the lagoon began immediately. 2-4:OOPM Murphy Family Farms engineers and track hoe operator determined the origination of drainage file under the lagoon by digging an obser- vation ditch at several points toward the lagoon. 4:00 PM Tile found in base of lagoon near the wall. Tile dug out and area back -filled with four (4) yards of concrete, special ordered from S U W Concrete, Clinton, NC. Discharge ceased and sealed. 5:00 PM Garth Boyd called Dave Holsinger at home and informed him of the sequence of events and that the problem had been rectified. Page Two : - Mr. Rick Shiver - - - November 7, 1997 Monday, October 13, 6:30 AM - 3:00 PM Murphy Family Farms delivered seventeen (17) tandem dump truck loads of approved clay (1.25 x 10-6 permeability rating). Each load was packed in the hole with a MFF bulldozer. Entire disturbed area was graded, disced, seeded and mulched. Brian Wrenn, DWQ inspects repair efforts while in progress. Mr. Shiver, I hope you can get a sense of how importantly and urgently we take environmental issues associated with pig production. On a beautiful Saturday afternoon when people had other plans, a significant emergency response team of ten (10) people and three (3) pieces of heavy equipment were assembled and the problem was rectified within five (5) hours of learning of the problem. From my observation, there was very minimal impact to Stocking Head Creek. Though I have not yet received a bill from Murphy Family Farms for all the heavy equipment operation, it will easily total in the thousands of dollars. If you need further information or documentation, give me a call. Sincerely, Az��Stv��l Stan Bowles President, Bowles 8Z Sons, Inc. SB:ks ❑ DSWC Animal Feedlot Operation ReN iew X` �] DWQ Animal Feedlot Operation Site Inspection s^ 0 Routine A Complaint O Follow-up of DNV0 inspection O Follo-w-up (if DSWC review 0 Other Date of Inspection /-/f Facility Number l 5 - Time of Inspectitw � 24 hr. (hh:mm) 0 Registered 0 Certified 0 Applied for Permit 0 Permitted 10 Not Opera tin na I Date Last Operated: } FarmName:.. .,4 .r�.1......... ► ..1.�L...................................... County :... ..�................................................. O-wner Name:...'a1. `- ...........................i1:. .0 s>.1.... ... Phone No: .................... Facility Contact:........���5 ............. Phone No: ................................................... / 1 D v Alailiutr Address:....... .t%.. .......C�............. ..5... .h-� ..... 5...q±V............... ......................... .Z.�.5r7 �.... .p r Onsite Representative. -------------�5�'. `- �t ...................................... Integrator:/... p �.!�`%- Operator Certification umber,•..,.,, 1.......... C;ertilied O eratorc.-.' ..........�.--- -.�. ....�!.�...................... p }t........ Location of Farm: Latitude Longitude Design Current Swine Capacity Population ❑ Wean to Feeder Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Soars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Laver Ell Dairy ❑ Non -Layer Nan -Dairy ❑ Other Total Design Capacity Total SSLW Number of Lagoons / Holding Ponds ubsurface Drains PresentjJD4 Lagoon area 9 Spray Field area ❑ No Liquid «"aste Management System General 1. Are there anv buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Di<char!-,: or3_zinated at: '9,La2oon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If &i chai-Lu i rbscn-cd, did it reach Surface Water? (If yts- notify DWQ) c. If dis4hw-,-,e is obsen.ed, what is the estimated flov.- in g.3L'min? d. Dues discharge bypass a lagoon system? (If yes. notify DWQ) 3. Is there evidence of past discharge from any part of the operation' 4- Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste manauement system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge" 7/25197 0 ❑ Yes JC] No JD Yes ❑ No . Yes ❑ No 10 Yes ❑ No 2. S- 6;V - ❑ Yes V No ❑ Yes 'R[No -JWYes fil No ❑ Yes 4 No ❑ Yes Eg No ❑ Yes O No Facility Numher: — j S' Are there lagoons or storage ponds on site which need to be properly closed' Structures ILa-.vofp as.1-folding Ponds. Flush Pit; etc.i 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure _' Strucrure 3 ldentifter: 6 o c V-- ..............G.......................--.........Q.................... ................................... Freebnard t,ft1' L. r................ .... .�5.�.-i�................ -..................................... 10. Is seepage observed from any of the structures" Structure 4 Structure 5 11. Is erosion. or any other threats to the integrity of any of the structures observed" 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and thesituation poses an immediate public health or environmental threat, notify D«°Q) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State. notify DWQ) 15. Crop type ...---•-�-t:........................................... �G�!'� 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? IT Does the facility have a lack of adequate acreage for land application? 1S. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on-.ite representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? 0 No violations or deficiencies were noted during this visit. _You.will receive no further correspondence about this visit.. ❑ Yes 9 No ❑ Yes :@ No Structure 6 ................................ ❑ Yes Z No Mxe., ❑ No JZ Yes ❑ No ❑ Yes id No ❑ Yes to No ❑ Yes gNo ❑ Yes ZNo ❑ Yes M-No ❑ Yes 9No wlYes ❑ No El Yes No ❑ Yes 21�No ❑ Yes ;Q_No ❑ Yes 8-No ❑ Yes 9—No Comments (refer to question #):.Explain anv;YES answers and/or anv ree6mifiendations or any other comments" 6dratiiings of facthty.to better explain situations (use additional pages as necessary} -*Og /ARO wvr- 2� j� i �%.+ S� �. c ic.�.yC. �f,�,.�,1 P✓�'`� E— T�: [ rr CI,� �/ L 70`25/97 n Reviewer/Inspector Name Reviewer/Inspector Signatures'- Date: AL 0?ET-;,qTTClg3 BEAN H - WO Fax:919-715-6048 Jail 16 '97 8 2� �P.01/01 Division of Water Quality Emeraencv Report Farm Vj& Complaint Q Spill 0 Other W � Fish Kill h a i�ie 1116197^ buplin Rags" r Melanie BrysonLd ^"� �yy�'.Ys4>+k. ,c y. Iww sk:... `9L1::::>:...--.l�.?�n x,.}WY• �:...fIDIY...n.`t.�5s`l'f,M'�IMRIA'r�:l�'iA•f�'�V::1r..1M"iyF^..-'.-:'l�.Y'ksssY'.�IWwAM.. %.,.: ii::v. ww. _ S ... e""',,�,R[ 9w v.tMnrb+'Mca7Y F f' M � 1MA:�KS>�5`."..,L�MMt1M �uaFMklk.:sSr�oed^YJ+i3Sv:�Ri't=k>dU%4.2`s^-^..r „'Rl q:_wlww+,l',_ ...: Hreymgtmr-,/Nr�-d6b..r;!". `t:Yir ..•. tlint�."`� .. _._ .._ ��Lre.� srY r��y>_...x E M v+K«�., 7 3 3 3 0 ,.�' ...: 3 0 !''F'�'%� ... :. �.. .. ':.kr._K�e zr.,.. ,:arkw,. ,.:.wm,. ,•...,,e., x�.a�e..:, "rl.e. <. .yi'?z�'.►+ ... , .� . �_s�<:.. ... •:r-..ve., lo.,,'.:: a.i. r:,..•: �::a...l<. 'nx'N3AI�k T{.v,!_;j.',�"'.' ':.uSL.:.. x.�� :J_,.yrr�{;:���'.:;...«.'.,...._:..-:.:w.. ...-=�,.....�-z...,»...:: _ r.. .:"•r•.,_....ao.�._v-"..w,..{y. ..� ..._:�k+.+b..e.tt:.4..�...•.,alll.,�q.,... ,_f:,...P: ❑ Diesel ❑ Pesticides ❑ animal Carcases ®Sewage _ ❑ #2 Fuel Oil ❑ Liquid Propane ❑ Explosives ❑ Unknown Other Petroleum ❑ Chemical ❑ Solid Waste ; Gallons unknown 0 0 Lea 3 'w. O Reportable Quantity -- :• z M hog lagoon waste '�,7sE`iy't ��' *Y,:Y..c,.aa,.,,w,:.»wu¢.�ie:yy'rv".x a----_.:._ �.,,,,,,wY%.a.:��.-f:�lV'�..k1.a.k•WrtJ�..1✓.'�MpIA'..kk.Y.::F%3i:i..,2Woehff.,.N,. .hR.a%X<s:sp,,;� 1aJlac Farm.. _ r - w, '-•wnwn. il,J» �Y'RGs��M � 'aJ<�M4,�';rwr 'atixtTegksor ,, 9'_. rwr:.; .SY [� R� Mlea.l*�+. G Esst of Flwy 17 111519T 829 PM 1.0�'•, f Yes ti$NST/rU3�ST77 ; sx•Tc-0i.�i � � ,. x �.ti'w�. %Mi .^ ,...r..., w �,...:.: Y«• �:.. t�►�n �H�::�' .un.:...M�r .� �'-�R9 .w3vwr. , ��y1..J..,.rl.-"t''.y!+Jr�,."ioFl,aw <YM}, Creek 01114„5 tanner pumping waste out of lagoon -running into Maxwell �N walii � �'"F'16L3Wii . y')rfr�1: S'•M1T,M�ul, .. -,. k!!91„ui.tlYb[ h': yik ii! "f -; ?114.fN"+� N +•-�f�p !W} 1W ¢^ii.0 "�)JMW .Mr rYnk17 Maxwell Crack ,�•.�,,.. :,yw^�iMMry J,H .,� <��, ,�e � Z' �� i'., :"✓r rea \rFn"MSxfe�w eIMW.k:-.'�s,'�.i3.YS�+W+v+e��v: ��YY::Y�F1MY�6T.,�'!at"•+:.t�Yw'�t:Q�Y. ---r-«.r•r >...- ��-`^�.kr. +�r...w�.'.1. ! L y�_' _'.iT'GFH:Ytltti:"AY7V.k�k6 i. cs.'Yimk#MR"M ,'ALr •`w^•�.' �'� r. i !.:/•+v �Y.:: � �, ---w. n. .,�:, .r.z�' Ar"'. �:1;;. ... .. .:-:.:,aR,l':":'4t<!M.wne..,, w..w: •l.lq;.e.-v' ; --+�+� _ may.::.:....}. ... ..,.,-.'^r• ^^Y h,..'4`,�-. s�� :H yes Start Bowles Farm a • air. � .. - --- - - - �+x�he t#.N kx¢xY'yy:•-:?tJltix»-"+!. ..:,. a..;-.,-:.«.. -" .y�.��lC t ...'�. :. #i RAwY"�: '•Mille M S ±� .. ?;fro nrLfwwr- ?•., .__....._-�.:....�-�- �'. rye �.,WG•fLf{'k9'�k/Vi.'!4?'',^YaC!,1S`. t,!`!ak`4>twlr _='�.' {. ""1L .-... L--'T: n: �- ,�-#�� !W!slke. `^� ill I®�`!IhM s: _W4�: ,� �. F -eau :iis. w..r ".�r.� fir._: ��:1d'.7R►+-,EtlW7w'"�';�11t - will E;IAI .i.y`�` �(,'i".�11EQ�.{��,iiAM4CYiifti. .. •. �r�N:eeikaCf.Y.M► m.pnFrr 'A .A -P' �ir �Y�-'� . > 1 � JNkW"3��}�'.r�:�kw �:�,ts�.`;::;:: `'i� r�irm'swml�„�r:nikki+•.r^-.w>,e , -...� f-=.�+ct�..�,,.�wmli�v'..:,.�'!'=�',.rrar,rt����,`,�'c,�.=.�? .k^'aBPVV''�„�FLm i 'il"4,�;. i>e(fT.: flffitle O e teTfl� OARO O FIFO O MRO O RRO WARO O WIRO O WSRO gc'hl K e• :'�ex�s•. amx.. ... _ mw...,�..-.,. -:.-:....r .., ����,.?A'�. `�Y�+ ;. ,. =yp �,fk! �,e eck 910 395 390t) 36 PRt ?" r ; ,hqi 'I-� �edlC cted•°BCBt�.y�. r �%"I name.: t�ate:�ai}d'Xirr�i�,taCt;: ♦ae, atlaq Rb.4Ae1 �� ':��.�scwascJolBit,+ " •r'r_:.� 9.+..e. +.'WYIt:C awiy�llSX.`.KiClAF.. Nsb.Yf'F ❑Division of Soil and Water Conservation �❑ Oilier Agency R Division of Water Quality r 0 Routine 0 Corn taint 0-Folloic-up or t)«-'Q inspection O Follow-upof I)SNVC review O Other Date of Inspection ID 111 -7 Facility Number { Time or Inspection ! 24 hr. (hh:tnm) - -------- - ] © Registered U Certified ❑ Applied for Permit In Permitted 113 Not Opera Date Last Operated: Farm Name: �Q Countr-:......i%����ir �'.i�,{_5....°f' S �................................... OwnerName:........... Y................... RQi�.`.............................................. ...... ....... Phone No: ...... Z. :'.`................... I................... Facility Contact:.... Lre-S.......Brll .Lt S. ................................... Title: ......�flW. ............................. Phone No:... .. MailingAddress: ..............P.]....... ................. ................... .......... Onsite Representative:......... ( i-S......... ;;77 ii �.................. t�u.�.ie�........................................... Integrator: ........ .�1�1�................... ........................ Certified Operator;........ tE'tLi.................... ..D............ 5........ .............. -.. Operator Certification Number :................ -.- ............... Location of Farm: Latitude ' 44 Longitude 4 0" ; Vestgu ., . -. ❑ Wean to Feeder Feeder to Finish 7' LL ❑ Farrow to Wean ❑ Farrow to Feeder ` ❑ Farrow to Finish ❑ Gilts a Boars General 1. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 2. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon [I Spray Field ❑ Other a. If discharge is observed, was the conveyan:e man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water' Of yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? 'd. Does discharge bypass a lagoon system? (If yes. notifti• D\VQ) ❑Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? [A Yes ❑ No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ❑ No 5. Does any part of the waste management system (other than lagoons/hoidinn ponds) require ❑ Yes ❑ No maintenance/improvement? 6. Is facility not in compliance %with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 7. Did the faciiity fail to have a certified operator in responsible charge? ❑ Yes ❑ No 7/25/97 Continued on back Facility Number: -3 t S. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lag000ns.Holdin2 Ponds. Flush Pits. etc.t _ -- 9. Is storage capacity (freeboard plus -storm storage) less than adequate?-- " - Structure 1 Structure Structure 3 Structure 4 Structure 5 ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 Identifier: ....................... Freeboard(ft):.................................... ..................... .............. ................................... .................................... ...... ........ ..................... .................................... 10. Is seepage observed from any of the structures? tK Yes ❑ No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ❑ No 12. Do any of the structures need maintenance./improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Wastg Application 14. is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ................. _............................................ ......... ........................................... -........................... ........ ..... ................... 15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative? 22. Does record keeping need improvement? For Certified pr Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? O No.violations or deftciencies4e're noted during this -visit.. Yoit�will receive-ito ftirttier . correspondence about this'visiL---: : RYes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No CC'y:1. +t St�n(�f:�i/ G� LtC.SK ht'c t��11GLL' 4'}(L �u�Ccc� .! � � • JiSSCLt��fiJ � {�ttiltt Tit Lc Lw.S 6,'t r, m rn rc�5}�rc1ss3. �2. l�CaltirS ll Sitcs �d 1 { [ �Ac�j}:i�[� WI4 cfuvy �3 itsceLletl. �dh��1 ft�'p�� { wr_s`E-L cc� �i. e� � 11Ar�f�ri S�C��1 �z� �v�m�c� �.c�� i✓�� f , 7/25197 Reviewer/Inspector Name Reviewer/Inspector Signature: Pate: /C lc 7 . „ Environmental Chemists, Inc. ,F��ochMAILING ADDRESS: TELEPHONE- SHIPPING ADDRESS: P.O. Box 1037 - (910) 256-3934 (Office) 6602 Windmill Way - . Wrightsville Beach,-"(910) 392-0223 (Lab)-- Wilmington, CONSULTING North Carolina 29480 (910) 392-4424 (Fax) North Carolina 28405 CHEMISTS NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Date Sampled: Sampled By: Report To: Copy To: NCDEHNR - DWQ Certificate Nolft C E I V E ID OCT 2 1 �ggpj REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 10/11/97 Da -%rid Holsinger Rick Shiver David Holsinger 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Date of Report: Purchase Order #: Report Number: October 17, 1997 7-2942 PARAMETER Sample ID 1 F& N 2 F& N 3 F& N Lab ID 7908 7909 7910 Fecal Coliform, colonies/100m1 23,000 15,455 100,000 Nitrate + Nitrite Nitrogen. NO3 + NO,, -N mg/1, 0.21 7.29 0.14 Ammonia Nitrogen, NH3-N, mg/L 511 116 483 Total Kjeldahl Nitrogen, TKN mg/L 521 207 605 Total Pho horns, P m 88.5 53.2 74.4 Reviewed b Ot-W and approved for release to the client. STOCKINGHEAD TREE LINE SPRAY FIELD LAGOON SAMPLE POINT 2 .TAMES BROWN FARM .1 INL 4. 101 SAMPLE POINT 1.,,ti-�' 1, lk pe WASTE 'FLOW (approx.) -4 T- -7 POINT 3 -T -71 11 T DRAIN' -TILE SPRAY FIELD STAN BOWLES FACILITY:31-152 NOT TO SCALE 2.,'}yt' ,`'�� i' H'�i. � I,,,,`•��r• ', �i+' 1.�.�rEfir�!!, i �, �1,�,'' t, r �r4 h � [(J��, t 1 ' ''i'` ", � tlr, ' i'1, • r P + q � � ` 1r ►v-�� Y'�y t� r �. .� 'y,''�;17' 1'; Vrt�{ \,,.t.1p, ,'r'1 ! • •�, ,r S q11.�''{{',s ,• i7�lA� �f t t,i'+,14.i 'ti.S.��;l r )r'{t~ .� Yr �r�l+I� r'jl y7,: ��� ,�' ,,;`�..�, yl.l., •i i. .. '��- T` ;j 1�1. •frr !Z���r'�iFl�l'.� ,�`�1 ., 1r .,.+,.:`, '. 'I�,i �r � . � , - 1I �I I'4 �{;t,ll III , 9 `, t• ! ,1t , � � � r. S Jri;• ,i.• '� � I� �'i �, �tl I �'� i{t F �" t ;i'Nl•w I r h� r �., s ,1t� Lv�. :I tlli,;-E�I ,I �, �,li�ii h-r �. ,rl, , L �, 'i? [�'. ,,' •, 1 \ �• r 1, ' r { 1 ',L j '�h !� r .� •r � �� 1� 'ti'''�•I'�1r4 [�.� ,�4j�t� �s., .i}, ,,, rir .i�i.' 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'1 'r.. %f , 1` t. 1 ��v��+(r •s� r f �{�rr' i �! t ;6'" ` Y,I �` `� � • -q, ,f %r:;h.,lr�'�',�. 'r, d � � ,41 y � r `� � ,• � ,{'� � �'' ..p '[ / ! r '� • ;r. it J r h _7 '.•+ v ,,r� L r I � �� S�' !. .'J ,"!'"� + -,1,a4 \ �' i I f I 'r.: �• •`r' ? ` r,• l' ra ' FI , � •'ra.�r* sgf�J�+i��'x�f� +`� ����l 1 ...w,�.�� ��� \ - i'[ `,. �;• � .. ` � lk A aw ^st,� ., 1 ,;!+�. I Yet . r I � ' 4, i1 `S' 1 .,`rh, Yt �Y� rr s �, � ,�. ;r'T !�-r t ��_ ,✓: �.; ,.til- c ,. rk }. `7''�: ,, � ,,�j ' t. .r 41 ,a:'�I,,ir,rr +!�r• i;,J: .! }, `� JA8..5;- Al "� I �1 t' k P r'y► z .nr� ,e:...r':, tr��' _r:rf,�i,`w r .♦- r'i 'k t,'i.��.'1 ty r y`ti ,•l� t „� �: ' ' •_t +fir ,t- L i.-•.... � i'. �r.: _ i �a•A'�' !_ �`, �. ", � •'..E..c-��-r-_._ . �. •.�Lr �i r'4 � - �I. % ,1 �`" �:• .'\,l v,- �' � /. 1�_�Q-�'�-: � .. I! � , ., i •_•t"{'"a � ' e APPENDIX" T A. Copy of Division of Water Quality inspection, 1/16/97. B. Copy of Notice of Violation dated, 12/18/96. C. Operation Review Notice of Referral - Last DSWC Operational Review, 11/3/97. D. Copy of Informational Request, 11/6/97. ❑ DS1NC Animal Feedlot Operation Re��ew µ: D DWQ m Ania! Feedlot ,, Ope r atIon SH e.�lnspectian ate e�ti Time .'of lnspect�on FaCllity Number: 3-� f�Z D f lnsp on lase 24 hr time Farm Status: :.(,-Tr "� t (1� ❑ Routine gComplaint ❑ Fallow -up Farm Name:1 �? ^�7j -:1 County: �Q Owner Name:w`\L7'f�S—__ Rhone No: Mailina Address: Lod jL_ + -- ... - --..i1�4�Sr�K,:_. 317 Onsite ' representative: Integrator: Yryf V Q Certified Operator Name: -- Location of Farm: - lal Latitude �'���+ Longitude ❑ Not Operationall Date Last Operated: Type of Operation and design Capacity (^.,Y�.S'�', �p`� s 4„p_�`"' �.' �' � `� �:{' •2` s Ar°`^ <.s -� •^ram ,.,'.`� t�- Wt '. ` - �.�� t� n+- �z �: »,w-s.�,t.],*s-.r �S'-,. y� r - _ y i_ �W�,yb- �� f Ncsrrs�er-°:�Pouliryumber e�Catrle �s:Nuinbr t, .. _:. N Wean to Feeder r Lave,0 D a i r v 0.-Feeder to Finish Non Laver BeefWein prrnw ❑ Other Type of Livestock k b as r'c'�uSF,.,_-?°-�:,r , �.. aa,:a-. F F � Farrow to Finish Number.�of�Lagaons�l�Halding Ponds: � � � Subsurface Drains present �� �'�-� �'�,��"� �F-�-�':�,.� � ' - � ❑ � ❑ 5pray.. Feld` Area,.. Genera! 1. Are there any buffers that need maintenancelirr)pravemznf? �R Yes M(No 2. is any discharge observed from any part of the operation? ❑Yes ®No a. If discharge is observed, was the conveyance man-made? El Yes E0 IVo b. If discharge is observed, did it reach Surface Water? (li yes, notify DWQ) El Yes 9:1 NO c. If discharge is observed, what is the estimated flo:•r in aalrmin? d. Does discharge bypass a lagoon system? (lf yes, notify DWQ) El Yes [0 No 3. Is there evidence of past discharge from any part at the operation? El Yes 2 No 4. Was there any adverse impacts to the waters of the Siata other than from a discharge? ❑Yes F4 Nb 5. Does any part of the waste management system (other than lagoons.holding ponds) require El Yes El Nb maintenance/improvement? Continued on hack 6. Is facility not in compliance with any app;jcaole setcack cntenaf 7. Did :the facility fail, to have a certified operator in responsible charge (if inspection after 1/1197)? Yes No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No Structures (Lagoons and/or Holding Ponds) ' 9. is structural freeboard Mess than. adequate? Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3 1 p ?_ - LZ - � --- 10. is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (if any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markerstto identify start and stop pumping levels? Waste Aoolication 14, Is there physical evidence of over application? (if in excess of WMP, or runoff entering waters of the State, notify DWO) 15. Crop type�C ,• Ct''-;�?r,� c_ _ . _ 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvement? Lagoon 4 19. Is there a lack of available irrigation equipment? For Certified Facilities Oniv 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/inspector fail to discuss reviewrinspection with owher or operator in charge? Yes ❑ No ❑ Yes 53No ❑ Yes 5Z No El Yes [3W ❑ Yes MNo ❑ Yes ® No — ❑ Yes No ❑ Yes Q No ❑ Yes Ej No ❑ Yes ® No ❑ Yes © No ❑ Yes [� No ❑ Yes ® No ❑ Yes ® No ❑ Yes &' No '''`� tid^' *jm• +atsP,�x'k:'R'ia,..: id'3.�- ta;. :L:#� .a�.�.e3�utr'r�.e Commenis(tque_ } Expl anyXESnswe�sandfor�anyrecommendations or °any other�corrtmen#s:�: iJse-drawnngs�fl#:�faai�,t/�y�tg �better�:expAEatrt�:�s�tuat�ar�tsr vse�addiiror`sz-"`l�pages�as �neeessary) -.� �_��� N" eeme64!� COV y � � .0 p c :...:.. : ram Re:v�ewerllnspector Name �7 11���x Rev�weiTin,pector.x:Signature date : cc: Division of Water Qualify, Wafer Quality Section, Facility Assessment Unit 11/14/96 - - -- ---- N. C. DIVISION OF ENVIRONMENTAL -MANAGEMENT COMPLAINTIEMERGENCY REPORT FORM RUMINGTON REGIONAL OFFICE Received by: 'Datte/Ti,_: 1 gen, it CamWlaint: County: Report Received Pram: M e(AA., , i Agency: e" LG f n6C4 r- Phone Na. —7 c�C� Cdvla i non t : _ AA,3 0 Address: A.i l/3 Phone No. Crnsp a intor 3ci dent: ' Time and Date Occurred: l- / - 9� �' 1 Location of Area Affected: —'el-r FF 0 r� � r S- _(�11u 2 )GS P 037 Surface waters Involved: >/ Groundwater Involved: Other: Other Agencies/Sections Notified: PS d17 Q-C-5 Investigatiaa Details: � n iI C! _ If it �� [� i t-: _ ? d _ r+ G-rC ac. �,�� �y�F��--z�pAreD i/J � ��G-YYt✓—s�N, �_crlrlf ��.��_c'f2.. Investigator: _ Date: / `/G ' r EPA Region TV (404)347-4061 Pentcides 733-3556 EnL7rency Management 733-3867 Wt7dlife Resources 733-7291 Slid and Ha ardour Warne 733-2I78 Marvfc Fisheries 726-7011 Water Supply Branch 733-2321 U.S. Coast Guard MSO 3434UI 127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resource_ s Wilmington Regional Office Division-of_.Water. Quality. - James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 18, 1996 CERTIFIED MAIL# P 455 546 692 RETURN RECEIPT REQUESTED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 Subject: Notice of Violation Stan Bowles Farm Farm Number: 31-152 Duplin County Dear Mr. Bowles - .win E>EHIV R You are hereby notified that Stan Bowies Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation of its 2H .0217 Permit. On October 14, 1996, Staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. Ponding of waste and evidence of recent runoff from the spray field was observed. Evidence indicates that a stalled spray gun had eroded an area of the spray field resulting in runoff to Elder Creek a tributary of the Northeast Cape Fear River. While no discharge of waste was observed to waters of the state at the time of inspection, the incident is a violation of your certified waste management plan - The Division of Water Quality will may proceed to revoke Stan Bowles Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Make any modifications needed to ensure there will be no future discharges. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 * Telephone 910-395-3900 + Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer - Mr.. Stan.Bowles- --Page 2 _ - - - - -- - - -- --- - — To remain a deemed permitted facility, all corrective actions must be made within fourteen (14) days. Failure to do so may result in the facility losing it's deemed permitted status, requiring a new certified waste management plan and certification form for the facility to be submitted, and/or being required to obtain an individual non discharge permit for the facility. Failure to comply with the above conditions will cause the existing animal waste management system serving your animal operation to be Considered in operation without a permit as required by North Carolina General Statute 143-215.1. Please be advised that this assessment does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. When the required corrective actions are complete, please notify this office in writing. If you have any questions concerning this matter please do not hesitate to contact either Mr. David Holsinger, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Rick Shiver, P.G. Regional Supervisor attachments cc: Mike Sugg, County Soil and Water Conservation Tom Tones, Regional Coordinator, NC DSWC Ronald Kennedy, County Health Department Dr. Garth Boyd, Murphy Farms DWQ Operations Branch File Wilmington Files S AWQSIDAVEH1DUPLDR31-152.NOV ED SENDER: v■Complete items 1 and/or 2 for additional services. m :Complete I also wish to receive the items 3, 4a, and 4b. following services (for an w i •Print your name and address on the reverse of this form so that we can return this extra feBi; ' card to you, •Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address of " .! .d. permit, ■ Wrile'Return Receipt Requesfed' on the mailpiece below the article number. 2• ❑ Restricted Delivery a) -:' Fn ..•. m •The Return Receipt will show to whom the article was delivered and the date n.t r m 2 Lo C delivered, Consult postmaster for fee. d u--- o is 3, Attic[ Addressed t 4atrticle Number d' E- 6 b �N 'Q r� E E , /r J 4b. Service Type Yp :: "' ' Ln U ❑ Registered Certified L a � '" Q El Express Mail ❑ Insured S ' ' r � ,O a 0 /� � 0 ❑ Return Receipt for Merchandise ❑ COD i Z. `� '� EE 0 7. Date of Delivery 5, Received By: (Print Name) 8. Addressee's Address (Only if requested : Lt z ri M 5n and fee is paid) 1° G. 5ignatuy : (Addressee or Agent) C "'� ' T ,, 1 X PS Form 3811, DBct)Air 1694 Domestic Return Receipt I L 1 ` i �4 rn LD lL a. o .9 i Q rL 0 o E ro d E a= a� ¢o I a �GfilIh[IV '00f3 uuodSd-' 5 � y J 1 l d n r State of North Carolina Department of Environment IE3ECEIVED Health and Natural Resourc Washingtbn Regional Office - NOT 10 1997- James B. Hunt, Jr., Governor gy; Wayne McDevitt, Secretary Division of Soil & Water Conservation November 6, 1997 .a Mr. Stan Bowles 607 Curtis Road Warsaw, NC 28398 AFT4 NCDENR NORTH CAROUNA DEPARTMENT of ENvtRONMENT AND NATURAL RESOURCES SUBJECT: Operation Review Notice of Referral Bowles & Sons Farm Inc. Farm 2, Facility Number 31-152 Duplin County Dear Mr. Bowles, On November 3, 1997, an Operation Review was conducted of Bowies & Sons Farm Inc. Farm 2, Facility Number 31-152, This Review, undertaken in accordance with G.S. 143-215.1 OD, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. During the Review, it was determined that the lagoon #1 liquid level exceeded the maximum temporary storage level, with a combined 25 yeaN24 hour stone and structural freeboard of.1.5 feet (18 inches). G.S. 143-215.10E requires me to notify Division of Water Quality and the owner/operator of this observed violation. It is imperative that you maintain the lagoon level such that adequate storage for a 25 year/24 hour storm event (7-8 inches) and structural integrity (12 inches) is available at all times. As discussed during the Review, you have agreed to pump and land apply the waste at agronomic rates as soon as weather and soil conditions permit. I have enclosed a copy of the final report for this facility and for Farm 3, facility number 31-812. Please review both reports, particularly the comment section on pages 2 and 3 for additional comments, concerns and recommendations. In order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. 943 Washington Square Mall, Washington, North Carolina 27889-3532 Telephone 919/946-6481 FAX 919/975-3716 n Equal Opportunity Affirmative Action Employer DivisioQ of Soil and Water Conservation Other Agency :- i . z Quality - pDg ision of Water Routine p Lompiaint p otlow•-up of DWQ inspection p JrZ Facility Number 13 Registered U Certified 13 AppIied for Permit a Permitted up of review p ther Date of Inspection ! ! r Time of Inspection 24 hr. (hh:mm) p Not Uperauona Date Last Operated: Farm Name: B,asmles.j&-Sons.Farm.Inc.ft3.-Former.H=fhFarm................... County: Duplin WiRO Owner Name: Stan ......................................... Bawles. .............................. .......................... Phone No: 29-.7.6;54._(nifice),.29.6-.481A.............................. Facility Contact: Sian.&.Wes .................................... ............... Title: wyvier-................................................. Phone No: 9Id2C.,93.-4521........................ Mailing Address: lx4:r..Cur.t1&.B-d............................ 1'arsaw3.—NC......._........................... �­ ........................... Z8-1 a.............. Onsite Representative: ....... _............................................ Integrator:Mu-rphy-Family.Farms..................... Certified Operator: S-tancill?.............................. Bowles ........................................... .... Operator Certification Number: I.71.!2............................. Location of Farm: a -e._. �xy.. .....�rnan. egister .ttirn.rigtix.an.za. �..... a..,.mi es.. en.tttra.let�t.nrtta. � 1. rizt_.ts. a.tn es.oa x�ess...: side............................................ -............. Latitude ©• :o ' Longitude ! r . 3 esign current Swine Capacity Population p Wean to reeaer ® eeaerto F mash 71_U 1� arrow t0 ean r3 Farrow to ee er i p Farrow to Finish ❑ Gilts ❑ Boars esign Current Design Lurrent Poultry Capacity Population Cattle Capacity Population . p Layer I ❑ Dairy p Non -Laver ❑ Non -Dairy Other Total Design Capacity 7,32U Total SSLW 988920U Number of,Lagoons I Holding Ponds . ❑ Subsurface rains resent ❑ agoon area 13 pray ,eto Area ❑ No Liquia VFaste i anagement Svstem General 1. Are there any buffers that need maintenance/improvement? 13 Yes ®No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon ❑ Spray Field p Other a_ If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑Yes ®No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) E3 Yes ®No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ig No 5. Does any pan of the waste manaeement system (other than lagoons/holding ponds) require ❑Yes ®No maintenance.,, improvement' 6. is facility not in compliance with any applicable setback criteria in effect at the time of design? Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? 13 Yes ®No 7/25/97 e" State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 6, 1997 Mr. James Brown 869 Browntown Road Magnolia, NC 28453 Y ?WA 4 • Y� NOR-rH CAROLINA DEPARTMENT OE EAVIRONMENT AND NA-ruRAL RESOURCES Please find attached a copy of the information regarding the animal operation which you requested. I would remind you that this information is sensitive and we ask that you exercise all caution to make sure that the provided information is not used in a way that could adversely affect the progress of the Division's animal waste management program. If you have any further questions, please feel free to contact me at (910) 395-3900. Sincerely, David R. HolsinQer Environmental Engineer ATTACHMENT: S:1WQSIDAV EMDUPLIN131-I52#2.LET 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 n^ r--11.1 rinoortunity Affirmative Action Employer ' ` m State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 31, 1997 CERTIFIED MAID Z 312 636 705 RETURN RECEIPT RE UESTE Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 1 0 LT0.W;W'A NCDENF1 NORTH CARdLINA DEPARTMENT OF ENVIRONMENT AND N,GrURAL RESOURCES Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stan Bowles Farm Chinquapin, N.C. Duplin County Dear Mr. Bowles: This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering submittal of a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217(d). On October 11, 1997, animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek, a tributary of the Northeast Cape Fear River. This incident is a violation of your animal waste permit number: AWS310152. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please contact Mr. David Holsinger, or myself at the Wilmington Regional Office at (910) 395-3900. Sincerely, ri- t . C. V 5 ! i ✓ < -1-- Rick Shiver, P.G. Regional Supervisor cc: Compliance Section Wilmington Files s:\WQs\DAVEHDUPLIN\31-15242-ROE 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 r Z �131.2.1636 705 US' Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uo not use for intensationai Mall see reverse sem to Street a Nu r r Post ce, State, 8 Zip` Postage s CnrtOW Fee SpedW Delivery Fee Restdcted Delivery Fee $o' Return Receipt Showing to j } •' Whom & Date Delivered J � Retum Roo* Data, d Addresseds D L1 MTALPoM fF� �' � �• Postmark or V State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.,Director CERTIFIED MAIL RETURN RECEIPT REQ EU STED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 10A 921 Milk EDEHNR Subject: NOTICE OF CIVIL PENALTY ASSESSMENT Failure to Follow or Implement Waste Management Plan As Per 15A NCAC 2H .0217(d) WP 96- Facility Number 31-152 Duplin County Dear Bowles: This letter transmits a Notice of Civil Penalty Assessment of $ . for failing to follow or implement your approved animal waste management plan. This failure is a violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 211, Section .0217(d)- This assessment and notice is based on the following facts: On October 14, 1996, Staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. Excessive ponding of waste and evidence of recent runoff from the spray field was observed. The evidence indicated that a stalled spray gun had resulted in an eroded area of the spray field, ponding and runoff of wastewater to Elder Creek, a tributary of the Northeast Cape Fear River. While no discharge of waste was ocurring to waters of the state at the time of inspection, these activities are a violation of your certified waste management plan. Therefore, I conclude, Stan Bowles Farm violated or failed to act in accordance with the requirements of 15A NCAC 2H .0217(d) and is subject to a civil penalty pursuant to N.C.G.S. 143-215.6A(a)(6). Therefore, I hereby assess Stan Bowles a $ civil penalty for this violation pursuant to G.S. 143- 215.6A(h). Within thirty days of receipt of this notice, you must choose one of the three following options concerning the civil penalty assessment: 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Stan Bowles Page 2. 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 waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief P.O. Box 29535 Raleigh, North Carolina 27626-0535 2 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 Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR Mr. Stan Bowles DRAFT Page 3. 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: Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, North Carolina 27611 Failure to exercise one of the options above within thLrt_y (30) 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 concerning this matter please do not hesitate to contact either Ken Eagleson, Water Quality Regional Supervisor for our Wilmington Regional Office at (910)- 395-3900 or Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. cc: Ken Eagleson, Water Quality Supervisor Mike Sugg, Duplin County Soil and Water Conservation Tom Jones, Regional Coordinator, NC DSWC Compliance/Enforcement File Wilmington Files SAWQSIDAVEH\DUPL1M31-152. WP STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF STAN BOWLES FARM FOR VIOLATIONS OF PERMIT 15A NCAC 2H. 0200 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. WP46 uRAF1 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., P.E., Director of the Division of Water Quality (DWQ), make the following: 1. FINDINGS OF FACT: A. Stan Bowles Farm operates a concentrated swine animal operation in Pender County. B. Stan Bowles Farm was deemed permitted on February 1, 1993, in accordance with 15A NCAC 2H .0217 by submitting a Animal Waste Management Plan Certification form. C. On October 14, 1996 DWQ staff observed excessive ponding of wastewater, erosion and evidence of recent runoff from the Stan Bowles Farm to Elder Creek, which are Class "C-Swamp" Waters- D. Stan Bowles Farm failed to follow or implement an approved waste management planby engaging in the above described activity. E. The cost to the State of the enforcement procedures in this matter totaled $484.16 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Stan Bowles is a "person" within the meaning of G.S. 143-215.6A pursuant to-G.S. 143-212(4). B. An animal waste management plan for this animal waste management system is required in accordance with 15A NCAC 2H .0217 ans G.S. 143-215.1. C. Elder Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. Application of wastewater above specified agronomic rates is a violation of the animal waste management plan in accordance with 15A NCAC 2H .0217(d). DRAFT E. Stan Bowles Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against Stan Bowles Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Stan Bowles Farm is hereby assessed a civil penalty of: $ for discharging wastes to the waters of the State which is a violation of 15A NCAC 2H .0202 and NCGS 143.215.1(d). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 484.16 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.I(b), which are- (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Water Quality Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Water Quality 4 Division of Water Quality ENFORCEMENT CASE ASSESSMENT FACTORS Type: (wp) Violator: Stan Bowles Farms, Inc. Address: 607 Curtis Road Warsaw, North Carolina 28398 Regional Office: Wilmington 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: The extent of harm cannot be easily determined. Excessive application and resulting runoff of wastes adversely affect surface water, groundwater, air and animal resources. Typically waste discharged into a receiving stream is found to have very high levels of pathogens as indicated by fecal coliform bacteria. In addition, high levels of ammonia, nutrients and other organic matter which can lead to the depletion of dissolved oxygen. 2. The duration and gravity of the violation: The evidence indicates that the stalled gun had run for quite some time. The depth of the erosion due to the wastewater stream from the gun is estimated at six to eight inches. wastewater was observed ponded in various areas around the spray field. In addition, a small gully leading to Elder Creek was saturated and ponded with wastewater. 3. The effect on ground or surface water quantity or quality or on air quality: The effects to groundwater and air were not documented. water quality was impacted as determined by evidence of excessive application of wastewater and of runoff to surface waters. ,ti 4. The cast of rectifying the. damage: D AFT The cost to rectify cannot be easily estimated. Elder Creek is classified as "C-Swamp" waters of the State. Typically waste discharged into a receiving stream is found to have very high levels of pathogens (ie. fecal coliform bacteria), ammonia and nutrients. 5. The amount of money saved by noncompliance: The amount of money saved by noncompliance is not known. However, proper waste application techniques require a minimum expenditure of the operators time. Land is available for irrigation. An acceptable cover crop was observed at the time. Over all the facility appeared well maintained. 6. Whether the violation was committed willfully or intentionally: Due to the amount of erosion from the waste stream and the ponded wastewater, the evidence indicates that the violation was the result of a lack of management. No evidence of third party intervention or vandalism was observed. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: This office has received several complaints concerning runoff from this operation over the past four months. This is the first violation observed by staff on this facility. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $484.16, as follows: Staff Holsinger, 11.0 hrs. $239.58 Mileage (126 miles@ $0.28 per mile) $ 35.28 Photography (film & Development) $ 9.30 Laboratory costs $ 00.00 Administrative costs $100.00 URAFT 9. Type of violator and general nature of business (i.e. Individual vs. large corporation): Individual. 10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: Mr. Bowles has contacted this office and outlined the the modifications he has implemented to ensure there will be no future discharges. These include: - Grading/filling the eroded area and gully creating a grassed waterway. - Planted fescue in various areas of the operation. Installation of a solid set irrigation system. 11. Mitigating Circumstances: None. 12. Owner of property where the discharge occurred: Stan Bowles Farms, Inc. 13. Pictures of violation: Included (attached) 14. Assessment Factors: a) IWC: n/a b) Receiving Stream: Elder Creek, Cape Fear River Basin c) SOC/JOC status/negotiations: n/a d) Copy of MP Screen: n/a e) Copy of Limits Page in Permit: (0) nondischarge. S:\WQS\DAVEH\DUPLIN\31-152.CAF State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 31, 1997 CERTIFIED MAIL # Z 312 636 665 RETURN RE EIPT RE UE T D Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 Subject: Notice of Violation Stan Bowles Farm Farm Number: 31-152 Duplin County Dear Mr. Bowles: �f NCDENR NORTH CAROLtNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES You are hereby notified that Stan Bowles Farm, which has been permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217 and G.S 143.215.1, has been found to be in violation of its Animal Waste Permit. On October 11, 1997, In response to a complaint, staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. Animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek,a tributary of the Northeast Cape Fear River. It would appear that the drain tile failed to be removed prior to the construction of this lagoon. This incident is a violation of your animal waste permit number: AWS310152. The Division of Water Quality will may proceed to revoke Stan Bowles Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Make any and all modifications needed to ensure there will be no future discharges. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Stan Bowles Page 2 To remain a permitted facility, all corrective actions must be made within seven (7) days. Failure to comply with the above conditions will cause the existing animal waste management system serving your animal operation to be considered in operation without a permit as required by North Carolina General Statute 143-215.1. Please be advised that this assessment does not prevent the Division of Water Quality from tatting enforcement actions for this violation or any past or future violations. When all required corrective actions are complete, please notify this office in writing. if you have any questions concerning this matter please do not hesitate to contact either Mr. David Holsinger, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at (919) 733- 5083, ext. 581. Sincerely, Rick Shiver, P.G. Regional Supervisor attachments cc: Harold Jones, DupIin County Soil and Watei Conservation Sandra Wietzel, NC DSWC Ronald Kennedy, County Health Department Dr. Garth Boyd, Murphy Farms DWQ Operations Branch File Wilmington Files S AWQSIDA VEHIDUPLM I- I 52B.NOV State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 31. 1997 CERTIFIED MAIL # Z 312 636 665 RETURN RECEIPT REQUESTED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 Subject: Notice of Violation Stan Bowles Farm Farm Number: 31-152 Duplin County Dear Mr. Bowles: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL Rc5o JRCES You are hereby notified that Stan Bowles Farm, which has been permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217 and G.S 143.215.1, has been found to be in violation of its Animal Waste Permit. On October 11, 1997, In response to a complaint, staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. Animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent propernr and to Stockinghead Creek,a tributary of the Northeast Cape Fear River. It would appear that the drain tile failed to be removed prior to the construction of this lagoon. This incident is a violation of your animal waste permit number: AWS310152. The Division of Water Quality will may proceed to revoke Stan Bowles Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Make any and all modifications needed to ensure there will be no future discharges. 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 Mr. Stan Bowles Page 2 To remain a permitted facility, all corrective actions must be made within seven (7) days. Failure to comply with the above conditions will cause the existing animal waste management _ system serving your animal operation to be considered in operation without a permit as required by North Carolina General Statute 143-215.1. Please be advised that this assessment does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. When all required corrective actions are complete, please notify this office in writing. If you have any questions concerning this matter please do not hesitate to contact either Mr. David Holsinger, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at (919) 733- 5083, ext. 581. Sincerely, l`? t ' C V-- 5 (---) i' kz ,:T t-- Rick Shiver, P.G. Regional Supervisor attachments cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Wietzel, NC DSWC Ronald Kennedy, County Health Department Dr. Garth Boyd, Murphy Farms DWQ Operations Branch File Wilmington Files S AWQSIDA VEHIDUPLIM31-15 2B.NO V 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 14, 1997 Certified Mail # Z 312 636 727 Return Receipt &quested Stan Bowles Bowles and Sons Farin #2A and #2B 607 Curtis Road Warsaw, NC 28398 CIA PCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT A14o NATURAL RESOURCES Subject: NOTICE OF DEFICIENCY Bowles and Sons Farm #2A & #2B Facility Number: 31-172 Duplin County Dear Mr. Bowles: On November 5, 1997, Staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed that lagoon #1 has insufficient freeboard. 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. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. The level of your waste lagoon needs to be lowered and maintained in accordance with the NRCS guidelines and the state 2H .0200 rules governing animal waste management systems. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Stan Bowles November 14, 1997 - — Page 2. To remain a deemed permitted facility, you must notify this office in writing within seven (7) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's 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 wastewater to the surface waters of the State without a permit. The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call David Holsinger, Andy Heminger or Brian Wrenn at 910-395-3900. Sincerely, Brian L. Wrenn Environmental Specialist cc: Billy Houston, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch Wilmington Files S. iWQSIBR1ANWlDEF131-152-2.DEF RECEIVED NOV 20, 1997 NOV 2 5 1997 BY: Brien L. Wrenn Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Dear Mr. Wrenn: ! am writing in re and to our letter of Nov 14, 1997 about the inspection of the oon that insufficient freeboard on Farm Number 2 , Facility Nu er 31-1S2 , Du lin County. I wish to noti y our office that required corrective actions have been taken and was complete on Nov 6 , 1997 . Our waste lagoon was again inspected by Gary Willis of Murphy Family Farms , and found to be in compliance with guidelines. At the time of inspection we had just finish baling hay and was planting rye seed.. The lagoon freeboard was at 18 1 /2" and the USDA -MRCS guidelines require was 19 inches of freeboard. Sincerely, zz�f �� Stan Bowles , Pres. Bowles & Sons Farm , Inc. 706 Curtis Road. Warsaw, N. C. Phone 910--293-7654 ' State of North Carolina department of Environment ECEIVED Health and Natural Resourc Washington Regional Office NOV 10 1997 James B. Hunt, Jr., Governor By Wayne McDevitt, Secretary Division of Soil & Water Conservation November 6, 1997 Mr. Stan Bowles 607 Curtis Road Warsaw, NC 28398 a _ f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES SUBJECT: Operation Review Notice of Referral Bowles & Sons Farm Inc. Farm 2, Facility Number 31-152 Duplin County Dear Mr. Bowles, On November 3, 1997, an Operation Review was conducted of Bowles & Sons Farm Inc. Farm 2, Facility Number 31-152. This Review, undertaker) in accordance with G.S. 143-215.10D, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. During the Review, it was determined that the lagoon #1 liquid level exceeded the maximum temporary storage level, with a combined 25 year124 hour storm and structural freeboard of 1.5 feet (18 inches). G.S. 143-215.10E requires me to notify Division of Water Quality and the ownerloperator of this observed violation. It is imperative that you maintain the lagoon level such that adequate storage for a 25 year124 hour storm event (7-8 inches) and structural integrity (12 inches) is available at all times. As discussed during the Review, you have agreed to pump and land apply the waste at agronomic rates as soon as weather and soil conditions permit. I have enclosed a copy of the final report for this facility and for Farm 3, facility number 31-812. Please review both reports, particularly the comment section on pages 2 and 3 for additional comments, concerns and recommendations. In order for your facility to be in compliance with environmental regulations, animal waste .ggnnot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. 943 Washington Square Mall, Washington, North Carolina 27889-3532 Telephone 9191946-6481 FAX 919/975-3716 n Equal Opportunity Affirmative Action Employer Mr. Stan Bowles November 6, 1997 ; s�- ; ,-1 V Page 2 C € ! -The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 919/946-6481 extension 314 if you have any questions, concerns or need additional information. Sincerely, ' a e L, Pat Hooper Environmental Engineer I cc: Duplin Soil and Water Conservation District Brian Wrenn, Division of Water Quality Gary Willis, Murphy Family Farms : f ., 16 nvuuue O k.umpiamt O roilow-up 01 liwq4 inspection O rc Facility Number p Registered 0 Certified p Applied for Permit 0 Permitted Farm Name: Roavles.&.Sons.]harm.Inr,Earzn.2.................. O Date of Inspection Time of Inspection ® 24 hr. (hh:mm) p Not Operahona Date Last Operated: County: Duplin WiRO Owner Name: Stan ......................................... Eawles................----------.................------....... Phone No: 293 7.654.(nfftce).....................................---........... Facility Contact: St,an.,fowles....................................................Title: owner ................................................. Phone No: 9111129a-4621........................ MailingAddress: 6Q.7- Curtis.ltd....................................................................................... Waa:sam... NC ........................................................... Z8398 .............. Onsite Representative: Tre&Bow1cs,.Gary..W.i[li5 ..................................................... Integrator: Murphy- anvil} Earms...................................... Certified Operator:S.tandI.D.............................. Rowles ............................................... Operator Certification Number: 1.7.1:I.2............................. Location of Farm: Latitude ®•©° ®� Longitude ©• ©®µ esigu urren e esi ur en _�., m esEgn e. urren_ Swine .Capacity Population Poultry Capacity�Populat�on =Cattle Capacity Population _ _°. 13 aYer ❑._auy :' p on -Layer �= [3 on- auy - _= ❑ other Yr _ :�TotalWDes�gn Capacity ry - - -, m Total SSLW m , -ram Number of Lagoons ',% Holding Ponds ® u sur ace rams resent p agoan Area ® pray se Area Waste x o iqui Management yysem 1T „ p can o ee er ® cc to mrs E p arrow to ean p arrow to ee er p Farrow to Finish p Gilts p Boars General 1. Are there any buffers that need maintenance/improvement? [3 Yes N No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes ® No b. if discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes N No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge by a lagoon system? (If yes, notify DWQ) 17 Yes N No 3. Is there evidence of past discharge from any part of the operation? p Yes ®No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ®No 5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes ®No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes R No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ®No 7/25/97 `ea E.,,- N urnher: 31_152 8.a Are -there lagoons or storage ponds on site which need to be properly closed? Structures (Lagoons,HoldinQ Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Identifier.........LagowL.l........ ........ Lagoon2........ .................................... ............................. Freeboard (ft): 1.5 3.5 10. Is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid Ievel markers? Waste Application 14. Is there physical evidence of over application? (if in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type......Cnastal.Bm=da.(hay.)..............Smail Ctrain.O.Yersecd.---... Structure 5 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? I9. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss rcview/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. -Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? Q. eo`-�e1SYpot]lAodnCsr.roe� a4ou�e >tn�ziige•vs-+wsieb:r, e.n.t-euingt Is visit.. • Yon will .r.ec.eiven� u. . e.1. -- - :--r:.'. - >. p Yes R No M Yes p No Structure 6 p Yes N No p Yes N No ® Yes p No p Yes ® No p Yes ® No H Yes p No p Yes ®No ® Yes p No p Yes H No p Yes ®No p Yes B No p Yes ®No p Yes ® No ® Yes ❑ No N Yes p No Reviewer/Inspector Name sPafHoaper A-„ Reviewer/Inspector Signature: Date: j V&lq 7 16 xoutme p c;ompiaint p roiiow-up of uwy inspection p ronow-up oz uawu review p utner Date of Inspection Facility Number Time of Inspection ® 24 hr. (hh:mm) p Registered ■ Certified p Applied for Permit E Permitted ja Not Operational I Date Last Operated: Farm Name: ................... County: Duplin WiRO Owner Name: Stan ......................................... Bawks ........................................................ Phone No: 29.1-.7654.(.oMce),.29b-4814............................. Facility Contact: Staet.Rowles.....................................................Title: awaer........ ........... ... ............................ Phone No: 910Ma.462.1........................ Mailing Address: 60.7Curtis.Rd........................................................................................ W.axsaw..NC .......................................................... 2,8.398 .............. Onsite Representative: Trrs.BQ.vt ks,.Gal:y..Wjllis ............................. g p hy- y. ........................ Integrator: F.anail Farztts...................................... Certified Operator: StanriJ. D ....................:.......... RQ.Wja ............................................... Operator Certification Number.17172 ...................... Location of Farm: Latitude ®•' ®µ Longitude ©• ©' ©" urren _.;� -pes!gnurrent,.7777 77_ gnu - -urren a Svnrie Capacity Populat<on Poultry Capacity Poulation Cattle -Capacity Population _ - .- p._ p Layer ean to ee er `'� p airy Non -Layer p on- any 45 p Other _ ter{ r y Total-Desirtgn Capacity y.. 13 r Total SSLW w = _ Number of Lagoons J Holding PondsSubsurface rams resent II agoon rea 13 pray ie Area - - = p o �qui aste anagemen yytem :- _.d.� M Wean79320 p p ee er to mis p arrow to General 1. Are there any buffers that need maintenance/improvement? p Yes ® No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes ® No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes N No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) E3 Yes ® No 3. Is there evidence of past discharge from any part of the operation? p Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ® No 5. Does any part of the waste management system (other than lagoons/holding ponds) require © Yes N No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 0 Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No 7/25/97 k1cility Numser- 31._$12 S. Are there lagoons or storage ponds on 'site which need to be properly closed? Structures (Lazoons,Hotding Ponds Flush Pits, etc.) 9. Is storage capacity (freeboard plus storM— storage) -less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Identifier: ........Lagoam-1.............. .Lagoan?........ ........ Lagacia.3......... ............................. Freeboard (fi): 1.7 .2.2 3.0 10. Is seepage observed from any of the structures? ....- f YFs ® ria p Yes ® No Structure 5 Structure 6 p Yes ® No 11. Is erosion, or any other threats to the integrity of any of the structures observed? 13 Yes ® No I2. Do any of the structures need maintenance/improvement? ® Yes p No (if any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13, Do any of the structures lack adequate minimum or maximum liquid level markers? p Yes Ig No Waste Application 14. Is there physical evidence of over application? p Yes N No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type Cnastal.B xz uda.(hay.):......................Fescu, . y)................ ....... Small.l_ua.ixt Qxeacseed.................. I....................................... I6. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes N No 17. Does the facility have a lack of adequate acreage for Iand application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? Q.. -violations. orerencles•were-note nringt is visit:. on .reaceive� nafurther or�es06n4j*e about MiS visit: ... . p Yes H No Yes H No 13 Yes H No p Yes ®No p Yes Ig No ® Yes p No 13 Yes ® No N Yes p No Yes ® No Reviewer/Inspector Name Reviewer/Inspector Signature: Date: F - - 7 7 Environmental Chemists, Inc, ® MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (9W) 392-0223 (Lab) Wilmington, CONSULTING North Carolina 28480 (910) 392-4424 (Fax) North Carolina 28405 CHEMISTS NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Date Sampled: Sampled By: Report To: Copy To: NCDEHNR - DWQ Certificate No. 94 REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 10/ 11 /97 David Holsinger Rick Shiver David Holsinger WASTEWATER: Bowles OCT 2 9 1997 BY• Date of Report: Purchase Order #: Report Number: October 17, 1997 7-2942 PARAMETER Sample ID 1 F& N 2 F& N 3 F& N Lab ID 7908 7909 7910 Fecal Coliform, colonies/100ml 23,000 15,455 100,000 Nitrate + Nitrite Nitrogen, NOa + NOZ -N mg/L 0.21 7.29 0.14 Ammonia Nitrogen, NH3 N, mg/L 511 116 483 Total Kjeldahl Nitrogen, TKN mg/L 521 207 605 Total Phosphorus, P mf& 1 88.5 1 53.2 74.4 Reviewed b and approved for release to the client. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 31, 1997 CERTIFIED MAIL Z 312 636 705 RETURN RLECEIPT REQUESTED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 fflff;W'A IT 4•• -1 - 7V NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stan Bowles Farm Chinquapin, N.C. Duplin County Dear Mr. Bowles: This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering submittal of a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the -6olation of Title 15A of the North Carolina Administrative Code; Chapter 2, Subchapter 2H, Section .0217(d). On October 11, 1997, animal waste was observed flowing from a drain tile located in the rear lagoon dike wall leading to the nearby tree line. This resulted in a discharge of animal waste to adjacent property and to Stockinghead Creek, a tributary of the Northeast Cape Fear River. This incident is a violation of your animal waste permit number: AWS310152. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please contact Mr. David Holsinger, or myself at the Wilmington Regional Office at (910) 395-3900. Sincerely, Rick Shiver, P.G. Regional Supervisor cc: Compliance Section Wilmington Files S:IWQSIDAVEH\DUPLIW 1-15202_ROE 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 Bowles & Sons Farm, Inc. 607 Curtis Road Warsaw, NC 28398 November 7, 1997 Mr. Rick Shiver NCDENR 127 N. Cardinal Drive Wilmington, NC 28405 Dear Mr. Shiver: NOV I 0 697 In response to your certified letter #Z 312 6036 665 of October 31, 1997 issuing a notice of violation, the following is the sequence of events that occurred beginning on Saturday, October 13, 1997: 1 1:45 AM Dave Holsinger and I observed a small amount of liquid bubbling out from under a dense mat of vegetation in the tree line below the lagoon of Stan Bowles Farm #2. Immediately called Garth Boyd at Murphy Family Fame. NOON Garth Boyd arrived and we bush -hogged the area to better identify the source of the problem. 1:30 PM Several other MFF personnel, track hoe and pump arrived and within ten (10) minutes a containment ditch was dug, which exposed the plastic drain tile that had caused the problem. Pumping of the lagoon effluent back into the lagoon began immediately. 2-4:OOPM Murphy Family Farms engineers and track hoe operator determined the origination of drainage file under the lagoon by digging an obser- vation ditch at several points toward the lagoon. 4:00 PM Tile found in base of lagoon near the wall. Tile dug out and area back -filled with four (4) yards of concrete, special ordered from S 81 W Concrete, Clinton, NC. Discharge ceased and sealed. 5:00 PM Garth Boyd called Dave Holsinger at home and informed him of the sequence of events and that the problem had been rectified. Page Two Mr. Rick Shiver November 7, 1997 Monday, October 13, 6:30 AM - 3:00 PM Murphy Family Farms delivered seventeen (17) tandem dump truck loads of approved clay (1.25 x 10-6 permeability rating). Each load was packed in the hole with a MFF bulldozer. Entire disturbed area was graded, disced, seeded and mulched. Brian Wrenn, DWQ inspects repair efforts while in progress. Mr. Shiver, I hope you can get a sense of how importantly and urgently we take environmental issues associated with pig production. On a beautiful Saturday afternoon when people had other plans, a significant emergency response team of ten (10) people and three (3) pieces of heavy equipment were assembled and the problem was rectified within five (5) hours of learning of the problem. From my observation, there was very minimal impact to Stocking Head Creek. Though I have not yet received a bill from Murphy Family Farms for all the heavy equipment operation, it will easily total in the thousands of dollars. If you need further information or documentation, give me a call. Sincerely, Stan Bowles President, Bowles ex Sons, Inc. SB:ks Nyij U R, P H1 Y F A M I L Y F A R M S December 26, 1996 Rick Shiver Department of Environmental Health and Natural Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 29405-3845 Mr. Shiver, DEC On October 25, 1996 I visited Stan Bowles' operation (Farm Number: 31-152) to provide technical assistance as requested by Mr. Tres Bowles. Mr. Bowies indicated that he had been visited by your agency on the 14th and that problems were found in his waste management system. Although I was not involved with the development of his original animal waste management plan, I reviewed the system with Mr_ Bowles and developed an action plan to remedy current and future concerns. The following actions have been taken since your October 14th visit: 1. The area eroded by the malfunctioning irrigation reel has been reworked with dirt hauled in from another area This area was also reseeded to prevent any subsequent erosion. 2. All waterways in fields receiving waste have been re -shaped and re -seeded to prevent channeling of storm water runoff. 3. A ten foot wide permanent fescue buffer strip has been seeded downslope of all sprayfields and along all ditches. These areas will not be irrigated on but will be maintained to filter any possible lateral movement of nutrients from sprayfields to watercourses. 4. A solid set irrigation system has been installed in the small field to the right of the path leading to the facilities. This irrigation system will allow for a lower application rate and better coverage of these smaller, sloping fields than the reel system that was being used. 5. Mr. Tres Bowles voluntarily took the Environmental Assurance Course offered by the NCPP and passed, receiving his certificate of completion. In my professional opinion, the Bowles' have not only fixed the problems found during your visit, but have gone one step farther in order to prevent any future problems. They welcome any follow up visit by your agency. I would ask that the Bowles Farm remain a deemed permitted facility under its original waste management plan and certification. If you need any further information please contact me at 1(910) 289-2111 ext. 4556. Since ely, g Westerbeek LNM Manager Technical Specialist Murphy Family Farms Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Stan Bowles Bowles & Sons Farm Inc Farm 2A & 2B 607 Curtis Rd Warsaw NC 28398 SUBJECT: Operator In Charge Designation Facility: Bowles & Sons Farm Inc Farm 2A & 2B Facility ID#: 31-152 Duplin County Dear Mr. Bowles: 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. Sincerely, 1 A. Preston Howard, Jr., P.E_, Dir for Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 NVf C An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/100/o post -consumer paper State of North Carolina &epartment of Environment, Health and Natural Resources ` • Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor ED E " Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 18, 1996 CERTIFIED MAID # P 455 546 692 RETURN RECEIPT REQUESTED Mr. Stan Bowles Stan Bowles Farm 607 Curtis Road Warsaw, NC 28398 Subject: Notice of Violation Stan Bowles Farm Farm Number: 31-152 Duplin County Dear Mr. Bowles: You are hereby notified that Stan Bowies Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation of its 2H .0217 Permit. On October 14, 1996, Staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. Ponding of waste and evidence of recent runoff from the spray field was observed. Evidence indicates that a stalled spray gun had eroded an area of the spray field resulting in runoff to Elder Creek a tributary of the Northeast Cape Fear River. While no discharge of waste was observed to waters of the state at the time of inspection, the incident is a violation of your certified waste management plan. The Division of Water Quality will may proceed to revoke Stan Bowles Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Make any modifications needed to ensure there will be no future discharges. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 + Telephone 910-395-3900 + Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer P '455 546 692 C�J US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do a use for Int ational Mail See reverse Se St et d N�+C/-�/� P ce, State, 3 IP u Postage $ Certified fee Specil Detivery Fee Restricted Delivery Fee Retuni Receipt Showing to Whom 3 Date Delivered / �U Retum to Whom. Posh t4 $ � Pa tmark or0 a o tl y a � ! Y Mr. Stan Bowles Page 2 To remain a deemed permitted facility, all corrective actions must be made within fourteen (14) days. Failure to do so may result in the facility losing it's deemed permitted status, requiring a new certified waste management plan and certification form for the facility to be submitted, and/or being required to obtain an individual non discharge permit for the facility. Failure to comply with the above conditions will cause the existing animal waste management system serving your animal operation to be considered in operation without a permit as required by North Carolina General Statute 143-215.1. Please be advised that this assessment does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. When the required corrective actions are complete, please notify this office in writing. If you have any questions concerning this matter please do not hesitate to contact either Mr. David Holsinger, of our Wilmington Office at (910)-395-3900 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Rick Shiver, P.G. Regional Supervisor attachments cc: Mike Sugg, County Soil and Water Conservation Tom Jones, Regional Coordinator, NC DSWC Ronald Kennedy, County Health Department Dr. Garth Boyd, Murphy Farms DWQ Operations Branch File .Wilmington Files S:1WQSIDAVEHIDUPLIN131-152.NOV