310208_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

North Carolina
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
Wilson, Thomas
Thomas Wilson Farm
127 McGowen Rd
Faison, NC 283418601
Dear Permittee,
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
. Director
June 30, 2010
Natural Resources
Subject: Notice of Violation L
Thomas Wilson Farm
Permit Number AW S310208
Duplin County
Dee Freeman
Secretary
JUL 0 g 2010
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstandin Fee ($)
201OPR002313
3/3/2010
4/2/2010
180.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality _ Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604
Phone: [phone] "FAX: [phone] Customer Service: 1-877-623-6748
Internet: �.nmateraualiy.org
An Equal Opponunv � Atfinnatwe Acton ERlDbyer
NorthCarolina
Naturally

If you have any questions concerning this Notice, please contact J. R. Joshi at [phone] or
at [e-mail].
Sincerely,
- , zf
Keith Larick. Supervisor
Animal Feeding Operation Unit
cc: Wilmington Regional Office, Aquifer Protection Section
. APS Central File (Permit No AWS310208)

State of North Carolina
Department of Environment
and Natural Resources A14
I0`
Wilmington Regional Office re
James B. Hunt, Jr.,Governor
Bill Holman, Secretary
NCDENR
Kerr T. Stevens, Director
Division of Water Quality
NcR C ROLINA DEPARTMENT OF
ENVIRONMENT AND N. RAL RESOURCES
March 20, 2000
CERTIFIED MAIL # Z 418 221 34E
RETURN RECEIPT REQUESTED
Mr. Thomas Wilson
Thomas Wilson Farm
127 McGowen Road
Faison, NC 28341
Subject: Notice of Deficiency
Thomas Wilson Farm
Facility Number: 31-208
Duplin County
Dear Mr. Wilson:
This is to notify Mr. Thomas Wilson, who holds a non -discharge permit for an animal waste disposal
system pursuant to 15A NCAC 21-1.0200 and North Carolina G.S. 143.215.1, of deficiencies of Animal Waste
Permit AWS310208.
On July 28, 1999, 1 inspected your animal operation and the animal waste management system
serving this operation. The following deficiencies were noted during the inspection:
1) General Permit, Certificate of Coverage, and Certified Animal Waste Management Plan Not
Available
During the inspection it was observed that you did not have a copy of your General Permit, Certificate
of Coverage, and Certified Animal Waste Management Plan available at the time of the inspection. Failure
to have these documents is a violation of your General Permit, specifically, Part I. Performance Standards,
Section 4 of AWS310208 which requires that these documents be readily available at the farm and that
they be kept in good condition and in orderly fashion.
2) Record Keeping
During the inspection, the following problems with record keeping were observed:
Irrigation Records — The irrigation records were not updated at the time of inspection. This is a violation of
Part III. Monitoring and Reporting Requirements, Section 5 of Animal Waste Permit AWS310208 which
requires that records of land application events be maintained in chronological and legible form and be
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Thomas Wilson
March 20, 2000
Page Two
readily available for inspection. Upon review of submitted records, it was observed that the incorrect PAN
for millet in field #1 was listed on the IRR-2 form. Such oversight could unnecessarily limit your waste
application or lead to over -application. Nitrogen balances should be updated at least weekly but more
frequently for low PAN crops or when balances are approaching PAN limits to avoid over -application.
Freeboard Records — The General Permit, Part III. Monitoring and Reporting Requirements, Section 2,
requires weekly freeboard records be maintained for all lagoons. These records should be maintained on
site and readily available for inspection.
Waste Analyses — It was observed during the inspection that waste applications had occurred without a
valid waste analysis report. The General Permit, Part III. Monitoring and Reporting Requirements, Section
4, requires a dated waste analysis report for each lagoon that irrigation occurs from within 60 days of any
irrigation event. For example, waste report is dated Marchl st, then applications can be made until May
1st or backwards to January 1st. Waste can be applied prior to having an updated report such as
spraying on February 1st and using the PAN listed on a report on March 1st of a sample taken February
20. However, the grower is cautioned against applying too often without knowing the nitrogen content of
the lagoon on low PAN crops (like overseeds) or when nitrogen balance (PAN) is nearly used up for a
crop to avoid over -application. It is highly recommended that samples be taken every 90 days (3 months)
beginning in January to always have a valid sample report. This also allows for a 30-day period of report
overlap where the grower can use the lowest PAN value of the two reports on the IRR-2 nitrogen balance
records.
3) Cover Crop Needs Improvement (Failed, Inadequate Coverage, Weeds)
During the inspection it was observed that your cover crops need improvement. Specifically, the
fescue field needed improved weed management. We reviewed your 1999 soil analysis report from the
NCDA database. Analysis indicates that the fescue field is in need of lime application at the rate of 1.4
tons/acre. Maintaining proper soil pH through application of lime will help minimize weed problems and
improve the desired crop.
For all crops, especially grassed pastures or hay fields, soil pH must be maintained for the proper health
of the crop and uptake of nutrients from application. Lime must be applied according to the rate indicated
on your annual soil analysis when the amount is equal to or greater than 1.0 ton/acre. In no instance,
should more than 2.0 tons/acre be applied during any year. It takes approximately 4-6 months for lime to
work throughout the root zone; thus lime should be applied in late summer or early fall for it to be available
to the summer crop next year.
Grassed fields=must be harvested to avoid disease, control weed growth, and remove applied
nutrients. Bermuda fields should be cut for hay at a height of 16-20 inches and soil pH maintained at 6-
6.5. Fescue fields should be cut for hay in April and again in October.
Pastures may need to be cut for hay periodically if grazing herd cannot keep up with growth or mowed
periodically for control of weeds. Herbicide may need to be applied periodically for control of broadleaf weeds
or volunteer grasses. Grassed fields may need to be re -sprigged or re -seeded periodically in areas to
maintain an adequate cover.
In addition, your facility was flagged for a mandatory Wetted Acres determination based upon
submitted records. It is recommended that you begin looking into meeting this requirement.

Mr. Thomas Wilson
March 20, 2000
Page Three
To correct these deficiencies, please submit a detailed Plan of Action to the Wilmington Regional
Office of the Division of Water Quality that describes the actions that have been taken or will be taken to
address these deficiencies of Animal Waste Permit AWS310208.
The proposed written plan of action must be received by this office within 30 days of the receipt of
this notice. Upon approval and implementation of the plan, you must notify this office when the corrective
actions are complete. Contact your Service Company, county Soil & Water district office, or county
extension office for any assistance they may be able to provide.
If the deficiencies are not corrected, the Division of Water Quality may issue a Notice of Violation
and pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste
Permit AWS310208.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Dean
Hunkele or myself at (910)-395-3900.
Sincerely,
Stonewall Mathis
Environmental Engineer
cc: Harold Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
Kraig Westerbeek, Murphy Family Farms
DWQ Non -Discharge Operations Branch File
DWQ Wilmington Animal Files 31-208
S: \W Q S W N I MALSXD U P L I N12000\31-208 N O D. d oc

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F A M I L Y F A R M S
NCDENR
Wilmington Regional Office
Ann. Dean Hunkele
127 N. Cardinal Dr.
Wilmington, NC 28405
Mr. Hunkele,
RECEIVED
AUG 2 5 2000
BY:
On behalf of Mr. Thomas Wilson, I am writing in response to the August 1, 2000 NOV issued by your
office against the Thomas Wilson Farm, facility # 31-208. In your letter, you requested a plan of action to
remedy the over application of nitrogen found during your inspection of this facility. Mr. Wilson regrets
this error, but sincerely believed that he was operating under a 75 lb. rate for small grain. This
misunderstanding probably resulted from the confusion surrounding the Emergency BMP's offered up after
Hurricane Floyd. Mr. Wilson had to irrigate more than normal during the small grain season due to the
effects of last year's tropical events. Unfortunately, he did not formally sign up for the emergency BMP's
offered during this time period.
To insure that Mr. Wilson will not have future PAN problems, I will consult with him in early September
and evaluate his freeboard. If it appears that he needs additional PAN for the upcoming Winter, I will
advise him to overseed his bermuda with matua, with the higher PAN rate, or use the 75# rate allowed by
NCSU, with the appropriate provisions.
If there are any further quest�wfis of coyefdis, please feel free to call me at [phone] ext. 4556.
1 W' Kraig l
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Post Office Box 759, Rose Hill, North Carolina 28458, [phone], FAX [phone]

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
CERTIFIED MAIL# 7000 0600 0023 4230 0452
RETURN RECEIPT REQUESTED
Mr. Thomas Wilson
Thomas Wilson Farm
127 McGowen Road
Faison, NC 28341
Dear Mr. Wilson:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT A o NRTURAL RESOURCES
August 1, 2000
Subject: Notice of Violation
Thomas Wilson Farm
Facility Number: 31-208
Duplin County
This is to notify Mr. Thomas Wilson, who holds a non -discharge permit for an animal waste
disposal system pursuant to 15A NCAC 2H .0200 and G.S. 143.215.1, of violations of Animal Waste
Permit AWS 310208.
On July 17, 2000, Mr. Dean Hunkele from the Wilmington Regional Office of the Division of
Water Quality inspected your animal operation and the waste management system serving this
operation. Upon reviewing your irrigation records, it was determined that an excess of nitrogen was
applied beyond the fifty(50) pounds per acre (Ibs/ac) recommended by the Certified Animal Waste
Management Plan for a small grain overseed. The application locations and amounts are as follows:
Pull(Field) Number Recommended PAN (Ibs/ac) Amount Applied (Ibs/ac)
Field 2 50 75
Field 3 50 75
This is a violation of your General Permit AWS 310208 conditions. Specifically, Part II.
Operation and Maintenance Requirements, Section 4. This condition requires that Plant Available
Nitrogen (PAN) application rates and hydraulic loading rates, identified in the Certified Animal Waste
Management Plan, shall not be exceeded.
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledl10% post -consumer paper

Mr. Thomas Wilson
August 1, 2000
Page 2
Consistent with the Division's over -application policy created in January 1999, this Notice of
Violation (NOV) has been issued because the amount exceeded 20%. The policy states that a NOV will
be issued when an operation has previously been cited for over -application or the amount of over -
application exceeds the recommended PAN by 20%.
To correct this violation, please submit a Plan of Action to the Wilmington Regional Office of the
Division of Water Quality that describes the actions to be taken to comply with Animal Waste Permit
AWS 310208.
The proposed plan of action in writing must be received by this office within fifteen (15) working
days of the receipt of this notice. Upon approval and implementation of the plan, you must notify this
office when the corrective actions are complete.
If the violations are not corrected, the Division of Water Quality may pursue civil penalties,
injunctive relief, or permit revocation.
If you have any questions concerning this matter please do not hesitate to contact either Mr.
Stonewall Mathis or Mr. Hunkele, of our Wilmington Office at [phone] or Mr. Steve Lewis in
Raleigh at [phone], ext. 539.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
cc: Harold Jones, Duplin County Soil and Water Conservation
Star Maready, Duplin County Cooperative Extension
Kraig Westerbeek, Murphy Family Farms
DWQ Non -Discharge Operations Branch File
DWQ-Wilmington AnimaiEdes:31:208
S:\WQSIANIMALS\DUPLIN12000131-208 Wilson NOV.wpd