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310332_HISTORICAL_20171231
NORTH CAROLINA Department of Environmental Qual '� -GoiDA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director October 11, 2013 Butch W. Norman Norman Farms #2 PO Box 38 Rose Hill, NC 28458 John E. Skvarla, III Secretary Subject: Sludge Survey Testing Dates 'Certificate of Coverage No. AWS310332 Norman Farms 42 Animal Waste Management System Duplin County Dear Butch W. Norman: The Division of Water Resources (Division) received your sludge survey information on October 9, 2013. With the survey results, you requested an extension of the sludge survey requirement for the lagoon at the Norman Farms #2 facility. Due to the amount of treatment volume available, the Division agrees that a sludge survey is not needed until December 31, 2018, The next sludge survey for the lagoon at this facility should be performed before December 31, 2018. Please retain this letter and keep it with your farm records for reference. Thank you for your attention to this matter. Please call me at (919) 807-6340 if you have any questions. t f 1 Sincerely, LA" Miressa D. Garoma Animal Feeding Operations Unit cc: Wilmington Regional Office, Aquifer Protection Section Permit File AWS310332 ECEIVE 1636 Mail Service Center, Raleigh, Noah Carolina 27699-1636 OCT 6 9fl Location: 512 N. Salisbury St. Raleg20f3 h, North Carolina 27604 ! Phone: 9IM07-64641 FAX: 91M07-6496 Internet: www.ncwatemuality.ora 13Y. An Equal Opportunity 1 Affirmative Action Employar i -+ _41MAL WASTE UTILIZATION PLL r c, . # 31- 33,7-- Producer: Location: Telephone: Type Operation: Number of Animals: (Design Capacity) STORAGE STRUCTURE: APPLICATION METHOD: 8eiwl JAMES PETERSON 7950 NC HWY 11 WILLARD NC 28478 Existing Feeder to Finish Swine 2448.00 hogs Anaerobic Waste Treatment Lagoon Irrigation The waste from -your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 L4IMAL WASTE UTILIZATION -PI "' 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to'a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This.plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 2448 hogs x 1.9 tons waste/hogs/year = 4651.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x 2.3 lbs PAN/hogs/year = 5630.4 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 rIMAL WASTE UTILIZATION PLC TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME 7173 1 AUB BC 4.7 235 0 8.03 1887.05 I +APR- 03% 7173 1-1 I 1ISG 11 150 10 18.03 1401.5 APR 7173 2A FOA BC 5.1 0 1083.75 I 1255 14.25 1. +APR- SEP 7173 -2A SG 1 0 I 150 14.25 1212.5 +SEP- APR 7173 2B LNA BC 3.4 0 I 1170 111.4811951.6 +APR- SEP 7173 --2B SG 1 0 I 150 111.481574 +SEP- APR END I TOTAL16110.4 - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods for nutrients. Waste appilcation may begin up to thirty(30) days prior to planting or green -up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations Page: 3 `&-4IMAL WASTE UTILIZATION PLC, may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. Page: 4 (_4IMAL WASTE UTILIZATION PLiz.. TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ---- or -------- APPLY RESID. APPLIC METH N TIME END TOTALI0 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods for nutrients. Waste application may begin up to thirty(30) days prior to planting or green -up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Page: 5 LIMAL WASTE UTILIZATION PLIC.. ** Acreage figures may exceed total acreage in fields due t'o overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BC SG HYBRID BERMUDAGRASS-CONTROLLED GRAZED SMALL GRAIN OVERSEEDED TONS AC 50 50 TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE ACRES_ LBS AW N USED _ 23.76 6110.4 0 0 23.76 6110.4 * BALANCE -480 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Page: 6 C.IMAL WASTE UTILIZATION PLC. ** This number must be less than or equal to 0 in order to fully utilize the animal. waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 4528.8 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 15.096 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 36.2304 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION' The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 7 r l _.IMAL WASTE UTILIZATION PLC. amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. I Tract I Field I Soil Type I 7173 I 1 I AUB I 7173 1 2A I FOA 7173 i 1 2B 7173 I I I -1 I 7173 I 1 -2A 1 I 1 7173 - 2B 1 LNA I Crop Edo 1210 BC SG I I SG SG 1- (Application RatelApplic. Amount I (in/hr) k (inches) I .5 I *1 I I .50 I *1.0 I I .60 *1.0 I •5 I *1 •5 I *1 I I •5 I *1 I * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be stored Page: 8 CAIMAL WASTE UTILIZATION PLL in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION Page; 9 ' { WASTE UTILIZATION PIL REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff,, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. G. 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. B. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 10 CWASTE UTILIZATION PLA., REQUIRED SPECIFICATIONS 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 a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 11 `. WASTE UTILIZATION- PLk REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops. for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil .shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 12 �. _iKIMAL WASTE UTILIZATION Pi--.L..-T WASTE UTILIZATION PLAN AGREEMENT Name of Farm:PETERSON 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 North Carolina Division of Water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility Owner: JAMES PETERSON (Please print) Signature: /1#4M&L acll Date: 0 T Name of Manager(If different from owner): Signature: Date: Name of Person Preparing Plan: (Please print) JOHNNY L . LANIER Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address (Agency): PO BOX 219 RENANSVILLE NC 28349 Signature: . le L� Date: o Page: 13 CAWMP WETTABLE ACRE COMPUTATIONAL. WORKSHEET TRAVELING IRRIGATION SYSTEM ' . 1. Farm Number (Identification): Ray Cavenaugh Tract Number (Identification): 7173 2. Irrigation System Designation: XX Existing Irrigation System New or Expanded Irrigation System 3. Number of Travel Lanes: 3 Interior Lanes 6 Exterior Lanes 4. Wetted Diameter, Feet: 311' (From Field Data Sheet) 5. Spacing: la 186 Feet Overlap: 60 (as % of Wetted Diameter) 2a 182 Feet Overlap: 60 (as % of Wetted Diameter) 3a 182 Feet Overlap: 60 (as % of Wetted Diameter) 4a 182 Feet Overlap: 60 (as % of Wetted Diameter) lb 213 Feet Overlap: 60 (as % of Wetted Diameter) lc 213 Feet Overlap: 60 (as % of Wetted Diameter) - 2b 174 Feet Overlap: 60 (as % of Wetted Diameter) 2c 174 Feet Overlap: 60 (as % of Wetted Diameter) 3b 179 Feet Overlap: 60 (as % of Wetted Diameter) 6. Hydrant Layout: '= , Single Lateral Hydrant Multiple Laterals/Hydrants Excessively Spaced Sprinklers/Hydrants 7. Read the irrigated area per sprinkler/travel pull for the given wetted diameter from the appropriate table and column based on pattern, spacing, and sprinkler/travel lane location. Hydrants and Travel Lanes: Pull Number Acres at Start End Table and Column Acres in Mid -Section Acres at Stop End Table and Column Total Pull Acres la .44 EE60 (140°) 2.50 .00 EE60 (C) 2.94 2a .37 EI60 (140°) 2.47 .00 E160 (C) 2.84 3a .37 E160 (140°) 1.30 .00 EI60 (C) 1.67 4a .23 EE60 (750) 0.35 .00 EE60 (C) 0.58 lb .28 E90+ (90°) 1.84 .00 E90+ (C) 2.12 I c .33 E90 + 105 ° 4.28 .00 E90 + (C) 4.61 2b .35 EE90+ 900 1.78 .00 1 EE90+ (C) 2.13 2c .36 EI60 (105°) 3.93 .00 E160 (C) 4.29 3b .33 EE60 (105°) 2.25 .00 EE60 (C) 2.58 TOTAL WETTED ACRES 23.8 JuDmittea Dy: Jrar MareaQy, t.eninea I ecnalcal Jpeclatlst, w UYl w A Duplin County Cooperative Extension December 13, 1999 Technical Specialist Signature: Farm Owner/Manager Signature: Date: December 13, 1999 Date: December 13, 1999 r.;4hf:t,ugrts%W.tffw.,ttrw.. _ Deparlmont al CroF S:`.$'sce y Irs tr+wwMV ed Hay. Gsolra Conrge at agrlkutturs dba Las Su«rKtm Campus Box 7620 - Raloir,le. NC 2769S-7ei4 919 515 2647 919.sls 7969 yea) �r�emora�Idum TO: "— Norih Carolina Cerified Technical Specialises FROM: NC State University Forage Production Workeroup DATE: • July 13, 1998- SUBJECT- . Crop Management Practices for Select Formes Used in Waste Manaoement The folJowinz is a four -page summary of suggestions for In3nagement practices for some forage crops that can be used in �,aste management plans. Thcs_t suggestions are a result of discussions within the NC State University Forage Production Work -group, a group comprisi!d of NC State farulty and NRCS agency personnel with expertise with the crops. There aze limited documented research responses of some of thf:se practices on the.rriany soils and environments where these crops are currently being grown. The- Forage Production Workgroup has taken the available data and used the combined experiences and realistic estimates of key people to came up iwkh suggestions that will allow fanners to incorporate these crops .and practices "Mato waste management plans. As data become available to substantiate or refute these'_. suggestions, the Forage Production NVorkgrotup .. wilt _;make - .. Z appropriate changes. - Bermuda Overseeded With CCereal Rye and Amiva_l Ryegr�ss Currently two types of `5ryiegiass" are being:. used Currently fora"ivmter oierset;ding m felds.�used�far' "� animal' waste management. Cereal rye is a, winter annti.al smaUgraiti that looks,."similar_.. to. wheat, barley and oats_ Annual ryet?ra, : s a winter annual grass that looks much`_ e` tal fescue. Both of these grasses; .when growing during the: winter on berminda- sod; caii have: significant impact on subsequent bermuda yields. In effecr, the total yields growing the combination ofbermuda with these winter annuals will usually yield befweer'f-2, .. "..'" tons more per acre than bermuda growing alone for the year., Therefore, the[oral" amiiuni: of. PAN /acre for the year is about 100 Ibs more than for bermuda alone. Although cereal rye'an3-" annual ryegrass are storable crops for overseeding, the management of the crops are different and thus practices implemented are dependent on the crop selected. ' - r:y Vf �i,18ti; ��• :�0.'..raiY o s SrrA grove jr%wru. ra a weAltuori ■ofktpc. N tr•c L"Snr, 71Nrttil. cam" DepanmCnl at Crop Science' CU140o o1 Ag!1-u11uf& and 01* Sdon, Campus So. 76:0 rid„,yet. NC ?769b 7620 919 515.26+7 The cereal r}-c should i_c phfaed by Octob::r i S to p,0eide Inc best ttp;x::1un:ty :c: Oc_ W.::c; growth. The h., ost co;lsterrt stands are ohta_ped from drilling rye into short (le.: than 3 inches tall) be-rrr,udagr2is scud. I! drilling i; not p<}s;ible. the seeds may he broadca_t on shlon bermuda sod f flhj«vc:d ? _ a light cultivation wi: h a diS:- or ti.113ge imp[cnicnt. The see-jung rate for broadcast plan;irl� of st.eds should �z i .5 tJt1_s the rate for drilled seeds. The last application of anirrta! waste is to be applied to the- ' rrnuda prior to .august 31. An application of 50 lbs/a::rc of Plant A%,aalabk N' (PAN) nuy be applied between September [55 and October 30. An additinnal 50 lbs/;acre of PAN may bt applied in February -March. If'rye gro�x,th is harvested on time atld does not sipriificantiv sh&de the bermuda, P.-%Nl rate_ for the subsequent bermuda crop are based on realistic yields of bermuda. A harvest is required Prior to heading or April 7, whkh ever comes first. Ti-Lis is necessary to minimize the potential for shading bermuda. and r-,ducing its yields. The P.a-,\ rate for grazed systems with bermuda overseeded with cereal rye must be reduced in accordance «•ith FRCS Technical Stwida_rd #5901. Annual Ryegr-ass Annual. ryegrass should be planted by October 15 to provide- the best opportunity to get winter growth. The most consistent stands are obtained from drilling ryegrass into short. (less than 3 inches tall) bermudagrass sod- If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate far broadcast planting of seeds should be 1.5 times the rate for drilled seeds. The last application of anirnal waste is ro be applied to the - bermuda prior to. August 31. An application of 50 lbs/acre of (PAN) -may be applied between September 15. and October. 30. An additional 50 lbs/arrc of PAN may be applied in February_Marck-- if .additional PAN is applied- to, the ryegrass in April -May, the PAN rate: for the -bermuda must. be.reditced by a coriesponding amount: This is necessary because_ iyegrass: grovvth_.dui-iiig :;.4pri1-May will reduce bermuda yields and 'shorten the tune bermuda can fully utilize the N. 'A harvest is required by,beading'-or April 7, which ever come_ s . first to ._ prevent. ... shading 'of emerging bermuda ,during April -May period. To - favor ' the" production of. the bermuda, additional harvests of ryegrass will be required when the ryegrass canopy reaches: 12 to 15 inches height. The PAN rate for grazed systems with bermuda overseeded _with annual ryegrass must be reduced in accordance with NRCS Technical Standard #590. ao�BfUllr:rli l•� �.��Ut) CC:$'•ra ' All Ylj,;i7l Y4l ll 4; m1a{ —V [4FC.%`R ar I lle irwo-WY of NtKth r.Hckw Ccgega of AgoKuttura a nri l lr. Sclorcw Camsva Pot 7870 nei.ov. NC 9195:si"l 910.:.ok 1959 t»l F-a tem GomagToss Limited dale arc ;: ii atilt on the. res- onse of -amsLr-is5 to wanou,, 1,—eta of N i1nd sc!Il tvp( .s ul No;th C.'roll% Hou.-ex,cr. tJnt:l "urthcr dat;=. is collected, the ioUbv.-ing !�t100-Irlt:S r7[c.y h,- u;C0 1. On S3111-. LeX:L.rCd Soil] a +'ell i.raln of cycesslk'c:l-v %k-L,- tl:e_ned. virid sirrufar !o hybrid b; nnud-1,•r3ss at sin-il;,r 1'11N rai.r.s. ?. On h:-av .' textw ed soils that aiC poorly to some what poorly dr-incd. Gamaxyrass rn-ay yic d 1.3-.1 tin-eS T110fe than hybrid bermuda G:Lmagrass establishes slowly and will not usucJlw produce much harti'estable f::rag.e durin, the establishment +-eal-. It is best to allow the growth duri.11g the stL-dlinv yea to accumulate: for most or.a`1I sea<on: if it is to hf harvested, it should be done aher Ibil seed:;. -ad fornlatio,, on a majority of the plants. Therefore:, PAN I' r the seedling }yea-r should a_- modified accordirgly. Oversleeding garrizarass with winter annuals is not cur-entl:\-- advised because Lh-r- ba.rti•esting or grazing management of the winter Lulual crops during I=cbruarv-Aprii «'JU`Id b detrirrterital to the survival of gatna�,rass- Garna;rass should riot normally -be harvested or grazed below 6-8 inclles stubble. Application rates are to be based on the realistic N rates that address the N.needs per.ton of hay, a realistic yield and an appropriate application window. When harvested as hay in the 24- - 36 inch state of growth, the N rate ranges from 40-50 lbslton of dry matter. The PAN rate for grazed systems must be reduced in accordance with NRCS Technical Standard tt590. The application window for gamagrass is slightly earlier than for bermuda-,.gamagrass starts growing about 3-4 weeks earlier than Coastal bermudagrass and about 2-3 weeks earlier than Tifton 44..Gar agrass is dormant from frost to March. The:last application of PAN_ in' the summer should be prior to 'August 31. Rescuegrass (i.e. Mama) Rescuegrass is a cool *season grass and makes most of its growth from March -June and September -November. It should receive most of its N during the September -October ' and, late February through May months. Limited data are available for realistic yields of rescuegrass on various soils and at various N levels in North Carolina. However, until further data L,, collected the following suggestions may be useful. 1. On sandy, wel] drained to excessively drained soils, rescuegrass may yield 1.5- 3 tirrtes fescue, assuming a uniform and dense stand of grass is present. r.. -•. %�ey'hl a.a�. tti r.'G';-� k•iw ._ rpt-: u.a.rWl y►l A COrYGL'_rfd crjf Le. •• ra � lr,•+F �+1r �r r+crV � �:. c+frrw Japnrt1ncn! of Cro.) SC::r.CC .--------� Cetfopo of AgriCultUre enct f cr.. Cam[xes Not 7G:0 Hafvigh, NC 27c9S•Te•?0 gig 5152647 U30.515.795g ;rya) On L� tf. or po+?rir dr3inc0 sells. rescuCtiraa� :n-,y yield 7�z -I Ci tmics as much as u`. On soils %vherc bush Pre well adapi.ed the _:tclds of rescut-grass play INC 1-1 5 th:In rescue The above RW' assurne that si:uir %-ansity 1s m;.ijrrtTlncd Ai -rough runt-a.1 reSced:-ng every �'L lr. AAIou h rescuegrass is 1 " perer.nlal" N does not ntulr MIrf dense, Sat]St3c(CI_Y stands uri)ess it is allowed to resecd every Y a7 1__Ivi:n under this rrLLria",inept it is 1i1:01v th:J1 tz disease ..ill ai'tec:r orre or more •_ro%vihs Ln sonf_ years. ApplicL,tion r3tcs are to be based on the reali_°°c N rates that address the N. needs per ton of hay, a realistic yield and do appropi-late appli:=tiun wi.ndow-, When har%,tsted as hay. the N rate is similar to othcr cool season grasses _uch as fescue, rall"i110 from 40-50 lbs/lore. Rescueerass may also continue some growth Jurte-August if moisture is available_ During these off-seasons, rescuegrass should not recei t more than about 25 lbs h'/acre/rnonth. Only apply 25 ibs Nlacre- bi June -August if the cquivalent of 1-inch of water can be appucd at t:tc sarw rime. If the crop does not respond with at least a 1000 1bs of gro«nrh within a 3-5 week period do not make anortier apphcaLion until the plants have had the opportunity to use the previous application. NCSU-MEMORANDUM PUMPING GUIDELINES PUMPING DATES FOR BERMUDA WHEN OVERSEEDED SMALLGRAIN USES HIGHER -THAN 50lbs N/AC RATE APRIL-AUGUST,31 (ONLY ACCEPTABLE PUMPING TIMES) PUMPING DATES FOR SG(SMALLGRAIN) USING OVER 50lbs N/AC RATES (BERMUDA SHOULD BE LESS THAN 3in TALL PRIOR TO PLANTING) SMALLGRAIN CROP SHOULD BE PLANTED BY OCTOBER,15 FIRST PUMPING [SEPTEMBER,15 THRU OCTOBER,30i• (APPLICATION AMOUNT NOT TO EXCEED 50lbsN/AC) SECOND PUMPING [FEBRUARY THRU MARCH,311 (APPLICATION AMOUNT NOT TO EXCEED 50lbsN/AC) CROP MUST BE HARVESTED PRIOR TO HEADING OR APRIL,7 WHICH EVER COMES FIRST State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director March 26, 1999 Ray Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 A 16,FNWA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Certificate of Coverage No. AWS310332- Stallings Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Ray B. Cavenaugh: In accordance with your application received on September 14, 1998, we are forwarding this Certificate of Coverage (COC) issued to Ray Cavenaugh, 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 Stallings Farm, located in Duplin County, with an animal capacity of no greater than 2448 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number -of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310332, Stallings Farm Page 2 E��p,R 5 1999 If any parts, requirements, or limitations contaiare unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincer , c� //--Kerr T. Stevens cc: (Certificate of Coverage only for all cc's) Duplin County Health Department V41mingto-Reg ional:O ficer W.ater-:Quality-Section Duplin County Soil and Water Conservation District Permit File NDPU Files .A7,-;A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 8, 2009 Butch W. Norman Norman Farms 2 PO Box 38 Rose Hill, NC 28458 Subject: Sludge Survey Testing Dates Certificate of Coverage No. AWS310332 Norman Farms 2 Animal Waste Management System Duplin County Dear Butch W. Norman: _ The.Divisibn-of Water: Quality (Division) received your sludge survey,, information on September: 1412009::-.With the-surveyresults, you'requested an extension of,the sludge survey -requifement : , - - '.•> .'-, for. the -lagoon at the;Norman Farms 2. facility:. Due to;the amounts of treatment volume available;°the. Division agrees that a sludge.survey is=not needed until 20l3.--.:' ' ..The next •sludge survey :far the lagoon -at -Norman Farms'2. facility should.be;peiformed before:::::.; '.December 3.42013. Thank you for your attention to this matter.- If you have any questions, please call me at (919) 715-6937. Sincerely, Miressa D. Garoma Animal Feeding Operations Unit cc: Wilmington Regional Office,.Aquifer Protection Section • Central Files ��T 200g BY; 1617 F.1aii Service Center; Raleigh. North Caro€;na 27699-1617 Loca'Lion: 512 N. Salisbury St. Raleigh, North Carolina 27604 011C /� 1 Phone: 9t9-807-63001 FAX: 919-807-64921 Customer Service:1-c77-&23.6748 North Carolina Interr:et: wcuvr.ncwaterqual;ry.arg �a�l�L �II� Ai -qua; ,poiunity ! Affirmative Action Employer (A) t IL () Murphy -Brown, LLC 3/25/2009 2822 Hwy 24 West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Farm Name: Butch Norman Butch Norman #2 County: Duplin Farm Capacity: Farrow to Wean Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish 2448 Storage Structure: Anaerobic I Storage Period: Application Method: >180 days Irrigation 1' CnJVr _agoon APR 0 2 2009 &Wc The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: . 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste_ Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 11 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): Capacity Type Waste Produced per Animal Total Farrow to Wean 3212 gallyr gallyr Farrow to Feeder 4015 gallyr gallyr Farrow to Finish 10585 gallyr gallyr Wean to Feeder 223 gallyr gallyr 2448 Feeder to Finish 986 gallyr 2,413,728 gallyr Total 2,413,728 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): Capacity Type Nitrogen Produced per Animal Total Farrow to Wean 5.4 Ibslyr lbslyr Farrow to Feeder 6.5 Ibslyr lbslyr Farrow to Finish 26 Ibslyr Ibslyr Wean to Feeder 0.48 lbslyr lbslyr 2448 Feeder to Finish 2.3 Ibslyr 5,630 Ibslyr Total 5,630 Ibsl r 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. LAND UTILIZATION SUMMARY The following table describes the -nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 31.6 Total N Required 1st Year: 7620.21 Total N Required 2nd Year: 7208.61 Average Annual Nitrogen Requirement of Crops: 7,414.41 Total Nitrogen Produced by Farm: 5,630.40 Nitrogen Balance for Crops: (1,784.01) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2of11 �Reception Tract Field Irrigated soil 1st Crop Time to 1stCrop 1stCrap LbsN/Ac L69 N —Yowl lb" Acreage. Type_ Code Apply Yield lbs N/UnIt Residual I Inzed _ 3(a) of 11 Reception Area Specifications Acreage Type_ Code Apply Yield lbsNIUFlit Residual IAc Utilized . ,; .6111 3(b) of 11 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small graingets too high and this will definateiy interfere with stand of bermudagrass. This loss of stand will result.in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop Lbs N utilized / unit yield A Barley 1.6 Ibs N 1 bushel B Hybrid Bermudagrass - Grazed 50 Ibs N / ton C Hybrid Bermudagrass - Hay 50 Ibs N 1 ton D Corn - Grain 1.25 Ibs N 1 bushel E Corn - Silage 12 Ibs N 1 ton F Cotton 0.12 Ibs N 1 Ibs lint G Fescue- Grazed 50 lbs N I ton H Fescue - Hay 50 Ibs N I ton I Oats 1.3 Ibs N 1 bushel J Rye 2.4 Ibs N 1 bushel K Small Grain - Grazed 50 Ibs N 1 acre 1_ Small Grain - Hay 50 lbs N 1 acre M Grain Sorghum 2.5 Ibs N 1 cwt N Wheat 2.4 Ibs N 1 bushel O Soybean 4.0 Ibs N I bushel P Pine Trees 40 Ibs N 1 acre 1 yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4of11 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PAN! rlanimal Farm Totall r Farrow to Wean 0.84 Farrow to Feeder i Farrow to Finish 4.1 Wean to Feeder 0.072 2448 Feeder to Finish 0.36 881.28 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 881.28 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 4406.4 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 14 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 35.2512 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or pending occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. *This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5 of 11 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Tye Crop inlhr * inches 7173 1 Autryville C 0.6 1 2A Foreston C 0.5 1 2B Leon C 0.65 1 7105 4A Leon D 0.65 1 4B Leon D 0.65 1 6 of 11 Additional Comments: 7of11 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Butch Norman #2 Owner: Butch Norman Manager: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that i must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Butch Norman Signature: Name of Manager (if different from owner): Signature: Date Date Name of Technical Specialist: Toni W. King Affiliation: Murphy -Brown, LLC. Address: 2822 Hwy 24 West, PO Drawer 856 Warsaw, NC 28398 Telephone: (910) 293-3434 Signature:i-�- Date 8 of 11 NUTRIENT UTILIZATION PLAN 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. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 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 land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). 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 and flies. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Wastelnutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility -sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 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 cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 10 of 11 NUTRIENT UTILIZATION PLAN 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 of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 �OF WATER Q Michael F. Easley, Governor G William G. Ross Jr., Secretary co North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality February 28, 2005 Butch Norman RECEIVED Norman Farm 2 /� FEB 2 .4 LUUO P.O. Box 38 Rose Hill, NC 28458 ` / gy: Subject: Certificate of Coverage No. AWS310332 Norman Farm 2 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Butch Norman: In accordance with your Notification of Change of Ownership received on February 11, 2005, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Butch Norman, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG 100000. _ This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Norman Farm 2, located in Duplin County, with an animal capacity of no greater than an annual average of 2448 Feeder to Finish swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until September 30, 2009, and shall hereby void Certificate of Coverage Number AWS310332 dated October 1, 2004. 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. Since this is a revised State General Permit, it contains new requirements in addition to most of the conditions contained in the previous State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring_ conditions in this permit. 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. t1aCaro ina a try Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.State.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper V The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Pennittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this CO.0 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 J R Joshi at (919) 715-6698. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc`s) Tilmirigton RegianalyOffce, Aquifer.Protection,—Se ction Duplin County Health Department Duplin County Soil and Water Conservation District APS Central Files Permit File AWS310332 AFO Files ti Iwn DEC 3 2�3 JA N 1 3 2004 � ' .� i State of North Carolina __ j REPLY TO: Francis W. Crawley ROY COOPER Department Of Justice Environmental Division ATTORNEY GENERAL P. O. Box 629 (919) 716-6600 RAl SIGH (919) 716-6767 27602-0629 December 29, 2003 Mr. Byard Kornegay CERTIFIED MArL 776 NC Highway 403 West RETURN RECEIPT REQUESTED Mt. Olive, North Carolina 28365 RE: Assessment of Civil Penalties Against, Byard Kornegay, DV 2003-0008 Dear Mr. Kornegay: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, you must submit payment of the civil penalty assessment and investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment and Natural Resources and the mailing envelope addressed as follows: Mr. Shannon Langley Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617_ If you fail to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, OFrarn�cisW. Crawley Special Deputy Attorney General Commission Counsel FWCIdk Enclosure cc: Paul Rawls Jennie Hill I n STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF: Assessment of Civil Penalties Against BYARD KORNEGAY BEFORE THE REMISSION COM[ TTTEE OF THE ENVIRONMENTAL MANAGEMENT CONIlvIISSION DV 2003-0008 FINAL DECISION • THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on 11 December 2003, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Byard Komegay in the total amount of $5,664.46 ($5,000.00 plus $664.46 investigation costs). Mr. Kornegay's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Division of Water Quality was represented by Rick Sliver, Regional Supervisor in the Wilmington Regional Office, and Jo Ann Komegay, Mr. Komegay's wife, spoke on his behalf. Having considered the record, submissions of the parties, and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Mr. Kornegay, that the Findings of Fact support the Conclusions of Law, and that the Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the amount of the civil penalties for the violation of discharging wastewater from his spray field and making an Ert, r n outlet to waters of the State. The Committee finds that the Director erred in determining that W. Kornegay failed to properly report the discharge because DWQ's inspector had personal knowledge of the spill based on his visit to the, farm, which occurred during the reporting period. Therefore, under the facts of this case, the Committee finds that no civil penalty should have been assessed for the alleged violation condition No. III. 6. f. of the General permit. The Committee also finds that Mr. Kornegay has had no previous civil penalty. Upon duly made motion and vote, the Committee finds that the civil penalty assessment should be reduced by $1,000.00 and upheld in the amount of $4,332.23 ($4,000.00 civil penalty plus $332.23 investigation costs). THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and investigation costs against Byard Kornegay in the amount of $4,332.23 is AFFIRMED. 3. That this Final Decision and Order be served upon Byard Kornegay and upon receipt hereof, the amount of $4,332.23 be paid to the Department of Environment and Natural Resources within thirty days as required by law. This the _d day of December, 2003. David H. oreau, Chairman Environmental Management Commission -2- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on i the parties listed below by the methods indicated: Mr. Byard Kornegay - CERTIFIED MAIL 776 NC Highway 403 West RETURN RECEIPT Mt. Olive, North Carolina 28365 Mr. Rick Shiver Regional Supervisor Wilmington Regional Office Department of Environment and Natural Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 This the day of December, 2003. INTER -OFFICE MAIL ROY COOPER Attorney General flo IAJ- C(-� Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice P. O. BOX 629 Raleigh, N.C. 27602-0629 919I716-6600 -3- DV 03-008: BYARD KORNEGAY: DISCHARGE WITHOUT A PERMIT AND FAILURE TO REPORT MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE: The hog farm owned and operated by Mr. Byard Kornegay is located near Calypso, Duplin County. This farm is a finishing farm with nine houses. Two lagoons and a 103-acre spray field support a hog population of 6155. The integrator in this case is Prestage Farms. Responding to a citizen's complaint on March 4, 2003, staff documented wastewater runoff from a sprayfield at this farm. The animal waste had run off the sprayfield, entered a roadside ditch, and was discharging into a tributary of Cow Hole Branch about 2000 feet downgrade. After documenting this violation, Mr. Kornegay was assessed on April 3, 2003, $4000 in civil penalty for the discharge and $1000 in civil penalty for failure to report. Including $676.46 in costs, the total assessment was $5664.46. Mr. Kornegay admits this discharge occurred but requests remission because it was inadvertent: he claims it was caused by an equipment malfunction. Mr. Kornegay further claims that he did not report this discharge because he did not know about it until he returned from the landfill and the staff investigating the complaint informed him of it. In Mr. Komegay's favor, he has not been previously assessed. However, the Division does not recommend any remission. First, staff inspected the sprayer and did not see anything to indicate a malfunction: furthermore, no wastewater was ponded around the sprayer itself, a sure indication of equipment malfunction. In staffs opinion, this discharge occurred because wastewater had been overapplied on wet soils and soils that had been compacted by cows. Mr.'Kornegay was not in freeboard trouble, in fact, so there was not even any reason to spray that day. Finally, Mr. Kornegay made no mention of the fact that the sprayer had malfunctioned during the investigation. Mr. Kornegay did clean up the spilled wastewater, but only did so after staff requested it. Payment of this assessment did not prevent payment of the remedial action. Concerning the failure to report, staff says during the investigation that Mr. Kornegay reported that he cut the sprayer off because he saw runoff, although his letter of response says he did not know of the discharge until informed by staff. I don't know how to resolve that discrepancy. THE DIVISION BELIEVES THAT THIS DISCHARGE WAS UNAVOIDABLE AND SO REQUESTS THAT THE COMMITTEE UPHOLD THE ASSESSMENT. y o��� WA r�9Qc A 1 NO 2903i ; ` Michael F. Easley Governor C7 r --- v' AL-1 U L-I`iiam G. Ross Jr., Secretary >_ � --Department-of Environment and Natural Resources - Alan W. Klimek, P.E. Director Division of Water Quality November 13, 2003 Mr. Byard Kornegay 776 NC 403 West Mount Olive, NC 28365 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Farm #31-322 Brunswick County Case Number DV 03-008 Dear Mr. Kornegay: Your request for remission has been placed on the agenda for the December 11, 2003 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N- Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. AW VANW. NCaENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper http✓/h2o. enr.state.nc. us You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,664.46 if you decide not to request remission. If you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check a able to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of. Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539_ Sincerely, Steven C. Lewis cc �k_Sh� river, Wilmington Regional Office Jim Bushardt, WIRO File DV 03-008 Ar Z `o�oF WA pG Michael F. Easley Governor William G. Ross Jr., Secretary SE P Department of Environment and Natural Resources o 2 - 2�i73 Alan W. iQimek, P.E. Director -� ri t Division of Water Quality `�. ----------------- September 22, 2003 Mr. Byard Kornegay 776 NC 403 West Mount Olive, NC 28365 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Farm #31-322 Brunswick County Case Number DV 03-008 Dear Mr. Kornegay: Your request for remission has been placed on the agenda for the October 9, 2003 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier 452-01-01 An Equal Opportunity/Alfinnative Action Employer 50% recycled / 100% post -consumer paper h ttp l/h2o. e n r. s to te. n c. us NCDENR Location: 512 N. Salisbury St_ Raleigh, NC 27699-1617 36 You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,664.46 if you decide not to request remission. If you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least IO working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. cc: Rick°Shiver, Wilmington Regional Office Jim Bushardt, WIRO File DV 03-008 Sincerely, Steven C. Lewis .f rn VAr `O��F FRQG°r`�i fi i Ei� Michael F. Easley flat . '• 2� f ` Y Governor VJ� j William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 13, 2003 Mr. Byard Kornegay 776 NC 403 West Mount Olive, NC 28365 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Farm #31-322 Brunswick County Case Number DV 03-008 Dear Mr. Kornegay: Your request for remission has been placed on the agenda for the December 11, 2003 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; 4 (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. M WDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer 50% recycled / 100e post -consumer paper http✓/h2o.enr.state.nc.us - f ' L You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $5,664.46 if you decide not to request remission. If you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10-day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. cc: Rick Shiver, Wilmington Regional Office Jim-Bushardt; WIRO File DV 03-008 Sincerely, Steven C. Lewis 0F W A r�RQ� July 10, 2003 Mr. Byard Kornegay 776 NC 403 West Mount Olive, NC 28365 RE: Request for Remission of Civil Penalty Byard Kornegay Farm Farm # 31-322 Duplin County File No: -DV 03-008 Dear Mr. Kornegay: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAII. RETURN RECEIPT REQUESTED J U L 14 2003 In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,664.46. There are two options available to you. You may pay the civil penalty assessment or you may present your request for remission to the Committee on Civil Penalty Remissions of the Environmental Management Commission. If you choose to pay the penalty, please make your check savable to the DeDartment of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. You or your representative will be allowed approximately five minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions will render a final and binding decision in accordance with NCGS 143B-282.1(c). mvAar INCDENR Customer Service: Mailing Address: Telephone (9i9) 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/A65miative Action Employer 50% recycted/ 10% post -consumer paper httpYlh2o, enr state-nc.us If you choose to present your request to the committee, please notify DWQ within 30 days of receipt of this letter at the same address as above. Your request will be scheduled on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, your request will be automatically scheduled on the agenda for an upcoming committee meeting. Thank you for your attention to this matter. If you would_ like a receipt that your check was received, -please send it via certified mail. Please contact Steve Lewis at (919) 733-5083, ext. 539 if you have any questions. Sincerely, Alan W_ Klimek, P.E. AWK/scl cc: ER%_ ek�tSYuver Wilming on Regional Supervisor Jim Bushardt, WIRO File # DV 03-008 Central Files ,o�oF W A r�qp� G] 7 Alaulr April 30, 2003 Mr. Byard Komegay 776 NC 403 West Mount Olive, NC 28365 RE: Remission Request - - - Byard Kornegay Farm Farm # 31-322 Duplin County File # DV 03-008 Dear Mr. Kornegay: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water quality �1AY 012�03 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 4, 2003, and you will be notified about the Division's decision concerning remission. If you have any questions, please call meat (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Rick -Shiver; Wilmington Regional Supervisor w/attachment .. 1shard_i, Wilmington Regional Office w/attachment m Wu Central Files File # DV 03-008 w/ 3 attachments Customer Service: Mailing Address: Telephone (919) 733-5083 1-B77-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity lAffirmative Action Employer 50% recycled / 10% post -consumer paper httpJ/h2o. enr. state.nc. us PA A NCDEhR Location: 512 N. Salisbury St_ Raleigh, NC 27699-1 617 F., BYARD KORNEGAY 776 NC 403 WEST Mowry Ouve, Nomm C,RouNA 28365 April 28, 2003 Mr. Steve Lewis Division of Water Quality_. 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Civil Penalty Assessment Dear Mr. Lewis: OR VFD t�nr 2.9 -'0 y ���C1 ai6 (q mr,�Cr�� PE t I respectfully request remission of the civil penalty assessed against me in File No. DV 03-008. This violation was a result of an accident and my immediate abatement action prevented any environmental damage. I turned the sprayer on at 11:30 a.m. on March 4, 2003. Upon returning from lunch shortly after 1:00 p.m., I discovered that the cap on the sprayer was leaking and immediately shut the sprayer down. Shortly thereafter I traveled to the landfill site to dispose of some trash. The wastewater was not running into the roadside ditch at that time, and I saw nothing to indicate that such an event might occur. When I returned from the landfill, Mr. Jim Bushardt of DWQ was present on my farm. Wastewater was running into the drainage roadside drainage ditch at that time. I immediately used my backhoe with assistance of two of my employees and stopped the flow of wastewater through the ditch. Mr. Bushardt took photographs of my. employees and me blkti ocng the flow of water in the ditch. While that drainage ditch does lead to an unnamed tributary to Cow Hole Branch, no wastewater from this discharge reached Cow Hole Branch. I acknowledge the fact that I did not formally report this discharge to DWQ. However, due to the fact that a representative of DWQ was present on the property at the time of the discharge, and was aware of the events that had occurred, I, apparently mistakenly, assumed that it was not necessary to file a formal report under such circumstances. Mr. Steve Lewis April 28, 2003 Page 2 It is my firm belief that no environmental damage resulted from this accidental discharge, and I ask that the penalty be remitted. farm. I have never been assessed any civil penalties for any previous violations on my Thank you very much for your attention to this matter. Sincerely, JB,a,d Komegay STATE OF NORTH CAROLINA COUNTY OF Duplin IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND Beard Kome¢av ) STIPULATION OF FACTS FILE NO. DV 03-008 Having been assessed civil penalties totaling $5,664.46 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the 28th day of April SIGNATURE 20d3 . ADDR��ttE��S//S y, >/ln J2 [n _ TELEPHONE q f O�OF wA�FROG Michael F. Easley Governor G1 r William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 30, 2003 Mr. Byard Kornegay 776 NC 403 West Mount Olive, NC 28365 RE: Remission Request Byard Kornegay Farm Farm # 31-322 Duplin County File # DV 03-008 Dear Mr. Kornegay: MAY 0 12603 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 4, 2003, and you will be notified about the Division's decision concerning remission. if you have any questions, please call me at (919) 733-5083, ext. 539. Sincerely, Steve Lewis Non -Discharge Compliance & Enforcement cc: Rick Shiver, Wilmington Regional Supervisor w/attachment lqtEmf`'�K—ard�Wilmington Regional Office w/attachment Central Files File # DV 03-008 w/ 3 attachments WNW NCQENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50 % recycled / 10% post -consumer paper http:/1h2o. enr.state. nc.us BYARD KORNEC'AY 776 NC 403 WEST MOUNT Ouve, NORTH CAROUNA 28365 April 28, 2003 Mr. Steve Lewis Division of Water Quality_ 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Civil Penalty Assessment Dear Mr. Lewis: 0'9 '9 VAD 2 P0irFP ZOp I respectfully request remission of the civil penalty assessed against me in File No. DV 03-008. This violation was a result of an accident and my immediate abatement action prevented any environmental damage. I turned the sprayer on at 11:30 a.m. on March 4, 2003. Upon returning from lunch shortly after 1:00 p.m., I discovered that the cap on the sprayer was leaking and immediately shut the sprayer down. Shortly thereafter I traveled to the landfill site to dispose of some trash. The wastewater was not running into the roadside ditch at that time, and I saw nothing to indicate that such an event might occur. When I returned from the landfill, Mr. Jim Bushardt of DWQ was present on my farm. Wastewater was running into the drainage roadside drainage ditch at that time. I immediately used my backhoe with assistance of two of my employees and stopped the flow of wastewater through the ditch. Mr. Bushardt took photographs of my. employees and me blocking the flow of water in the ditch. While that drainage ditch does lead to an unnamed tributary to Cow HoIe, Branch, no wastewater from this discharge reached Cow Hole Branch. I acknowledge the fact that I did not formally report this discharge to DWQ. However, due to the fact that a representative of DWQ was present on the property at the time of the discharge, and was aware of the events that had occurred, I, apparently mistakenly, assumed that it was not necessary to file a formal report under such circumstances. i Mr. Steve Lewis April 28, 2003 Page 2 It is my firm belief that no environmental damage resulted from this accidental discharge, and I ask that the penalty be remitted_ farm. I have never been assessed any civil penalties for any previous violations on my Thank you very much for your attention to this matter. Sincerely, rByard Kornegay STATE OF NORTH CAROLINA COUNTY OF Duplin IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Beard Korneggy ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 03-008 Having been assessed civil penalties totaling $5 664.46 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the 28th day of April , 2003 SIGNATURE ADD �jR`E�SjS 1�7c Al 3Z' J- TELEPHONE +J _o�OF W A 7-4SRQ� c Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality April 4,2003 Mr. Byard Kornegay 776 NC Highway 403 West Mt. Olive, NC 28365 SUBJECT: Assessment of Civil Penalties for Making -an Outlet to Waters of the State without a Permit Farm # 31-322 Duplin County File No. DV 03-008 Dear Mr. Kornegay: CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against the Byard Kornegay Farm in the amount of $5,664.46 which includes $664.46 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Wow. Raleigh. North Carolina 27699-1617tr .. NCDENR Customer Service: (Nailing Address: Telephone (919) 733-5083 Location. 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled/ 1001 post -consumer paper http://h2o. enrstate.nc. us 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 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. I (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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the_ options above withinthirty 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. Steve Lewis at (919) 733-_5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Kent Wiggins, Actin pervisor Non_Discharge Compliance and Enforcement Unit JKW/scl ATTACHMENTS cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments . Jim'$ushardt; WIRO-w/-attac ents File # DV 03-008 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Duplin IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND B and KoMegay STIPULATION OF FACTS FILE NO. DV 03-008 Having been assessed civil penalties totaling 5 664.46 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4. 2003 , the undersigned, desiring to seek.remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment_ This the day of , 20_ SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF DUPLIN FILE NO. DV 03-008 IN THE MATTER OF ) BYARD KORNEGAY ) FINDINGS AND DECISION FOR MAKING AN OUTLET -TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ' - ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Byard Kornegay owns and operates the Byard Kornegay Farm, a swine operation located along NC Highway 403 in Duplin County. B. Byard Kornegay was issued Certificate of Coverage AWS310322 under General Permit AWG 100000 for the Byard Kornegay Farm on June 26, 1998, effective June 26, 1998, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. C. On March 4, 2003, DWQ staff observed a discharge of wastewater at the Byard Kornegay Farm from a sprayfield via a roadside ditch to an unnamed tributary to Cow Hole Branch, which are Class C Sw waters of the State within the Cape Fear River Basin- D. Byard Kornegay had no valid permit for the above -described activity. E. Condition No. III. 6. f. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. F. Byard Komegay failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. G. The cost to the State of the enforcement procedures in this matter totaled $664.46. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Byard Komegay is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Cow Hole Branch constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. 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. D. Byard Komegay violated Condition No. III. 6. f. of the General Permit by 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 overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. E. Byard Komegay 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 twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. F. Byard Komegay 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 twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Byard Komegay pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Acting Supervisor of the Nan -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, Byard Kornegay 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. 143-2IS. 1. $ for violating Condition No. III. 6. f. of the General Permit by 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 overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. $ 664.46 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.14313-282.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 procedures. y a3 (Date) ent Wiggins, Acti ervisor Non -Discharge ON and Enforcement Unit Division of Water Quality P o�o� W A COIXJJUVf -- April 4,2003 Mr. Byard Kornegay 776 NC Highway 403 West Mt. Olive, NC 28365 SUBJECT: Assessment of Civil Penalties for Making -an Outlet to Waters of the State without a Permit Farm # 31-322 Duplin County File No. DV 03-008 Dear Mr. Kornegay: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against the Byard Komegay Farm in the amount of $5,664.46 which includes $664.46 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty - Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh. North Carolina 27699-1617 :NCDht Customer Service: Mailing Address: Telephone (919) 733-6083 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/Afflmrative Action Employer 50% recycled/ 10% post -consumer paper httpl/h2o. enr. $1ate.nc. us W' 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 form and waiver forand a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 Adrninistrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 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. Steve Lewis at (919) 733-_5083, ext. 539 or Ms_ Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Kent Wiggins, Actin �ervisor Non -Discharge Compliance and Enforcement Unit JKW/scl ATTACHMENTS cc: lSiional Supervisor w/ attachments Jim Bushardt, WIRO w/ attachments File # DV 03-008 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments r STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF _ _ Duplin IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND Byard Kornegay ) STIPULATION OF FACTS FILE NO. DV 03-008 Having been assessed civil -penalties totaling - $5_,664.46 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 4, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE r STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF BYARD KORNEGAY FOR MAKING AN OUTLETTO THE WATERS OF THE STATE OF ' - NORTH CAROLINA WITHOUT A PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 03-008 } } FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. - FINDINGS OF FACT: A. Byard Kornegay owns and operates the Byard Kornegay Farm, a swine operation located along NC Highway 403 in Duplin County. B. Byard Kornegay was issued Certificate of Coverage AWS310322 under General Permit AWG100000 for the Byard Kornegay Farm on June 26, 1998, effective June 26, 1998, with an expiration date of April 30, 2003. This permit does not allow the discharge of waste to waters of the State. C. On March 4, 2003, DWQ staff observed a discharge of wastewater at the Byard Kornegay Farm from a sprayfeld via a'roadside ditch to an unnamed tributary to Cow Hole Branch, which are Class C Sw waters of the State within the Cape Fear River Basin- D. Byard Kornegay had no valid permit for the above -described activity. E. Condition No. IN. 6. ,f. of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management PIan (CAWMP) or where runoff enters surface waters. If F. Byard Kornegay failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. G. The cost to the State of the enforcement procedures in this matter totaled $664.46. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Byard Kornegay is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Cow Hole Branch constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. 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_ D. Byard Kornegay violated Condition No. III. 6. f. of the General Permit by 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 overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. E. Byard Kornegay 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 twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. F. Byard Kornegay 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 twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1 _ G. The State's enforcement costs in this matter may be assessed against Byard J Kornegay pursuant to G.S. 143-215.3(a)(9) and G_S. 143B-282.1(b)(8). H. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. 171 Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, Byard Kornegay 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. 143-2IS. 1. $ / 4a C3 for violating Condition No. M. 6. f_ of the General Permit by 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 overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. $ 664.46 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-282.1(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. y a3 {Date) ent Wiggins, Acti ervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality . ,41 rn m l�'1 Li it ii % �� rn u7 Postage $ rq Certified Fee Z m -0 Return Receipt Fee Required) { 1� � A Here r%y 1- -" m (Endorsement l O Restricted Delivery Fee (Endorsement Required) r 1' O Total Postage &Fees ♦ frl� nj i M 5 t To ar° rnecn--------- ----------------------- 0 street,'Apt. No.: or PO Box NO. ------+--__.-------F----------------W-�--•--- State, 7j�� © City, r e cf- a Ion [� lI �- i • Complete items i, 2.and'i. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: m`.�3yard t�ocnemY ��ar� �acr��ay �arrY►� 11 b /�JC 4vjy q03 Lk)e tic �i 2. Article Number (transfer from service Jabs!) �j pg Form 3$11, August 2001 A. Si nature MAW ❑ Addressee B. eived (Prints e) C. Date of Delivery 3' W KOP-A -0'V D. is delivery address different hn item 1? ❑ Yes If YES, enter delivery address below: No 3. ServiceTYpe Certified Mail ❑ Express Mail rn Receipt for Merchandise El Registered ❑Retu 1-1 Insured Mail ❑ C.O.D. 4, Restricted Delivery? (Extra Few) ?01]1+ 0320 0003 6165 3333 Domestic Return Receipt 102595-02-M-1540 Is Michael F. Easley, Governor William G. Ross Jr., Secretary North Environment Natural Resources Carolina Department of and 74 Y Q Allan W. Klimek, P.E. Director Division of Water Quality Wilmington Regional Office CERTIFIED MAIL 7001 0320 0003 6165 3333 RETURN RECEIPT REQUESTED Date: March 7, 2003 Mr. Byard Kornegay Byard Kornegay Farm 776 NC HWY 403 West Mt. Olive, North Carolina 28365 Subject: Notice of Violation and Recommendation for Enforcement Byard Kornegay Farm (Facility No. 31-322, Permit No. AWS310322) Duplin County Dear Mr. Kornegay, This letter is to inform you, as operator and owner of the Byard Komegay Farm, that you are in violation of North Carolina General Statute 143-215.1(a)(1) and Condition 1.1 of General Permit No. AWG100000 for making an outlet to waters of the State. In addition, you are in violation of Permit Condition I11.6(f) for failure to notify the Division of the overapplication of animal waste that caused a discharge to surface waters of the State. A site visit was made on March 4, 2003 based upon a complaint of irrigation field runoff. The complaint was received at the Wilmington Regional Office at approximately 1:30 PM. The spray irrigation field was found to be located at the crest of a ridge adjacent to a roadside drainage ditch. Regional Office staff witnessed swine waste entering a roadside ditch along NC HWY 403. In addition, the spray irrigation system was not functioning at the time of the investigation, and appeared to have been turned off after approximately 200 ft of gun travel (approximately 300 ft of irrigation). The roadside ditch flowed to a farm ditch tributary to the Cow Hole Branch. Division staff walked the drainage route to confirm connection to Cow Hole Branch. The swine waste had not reached the Cow Hole Branch at the time of the investigation. The spill continued until approximately 4:30. Enclosed, you will find annotated copies of the Mt. Olive USGS Topographic Quad Sheet and an aerial photograph of the area that depict the flow path, the extent of swine waste travel at the time of the investigation, and the surface water monitoring points. Cow Hole Branch is classified as C-swamp waters within the Cape Fear River Basin. Also, you will find laboratory testing results for sampling performed on March 4, 2003. Fecal coliform bacteria sampling indicated that 157,025 colonies/100ml were found at Station #2 and 5300 colonies/100 ml at Station # 1. Station #1 was located at a point along the drainage route where water color had not yet changed to red, but was beginning to mix. Division staff estimated the total field runoff volume to be approximately 900 gallons (5 gpmx180 mins). The runoff condition appears to have been caused by a combination of wet soils and poorly drained soils impacted by cattle compaction. The farm staff constructed a containment dike to stop the field runoff per the investigator's request. The mitagative effort is greatly appreciated. Please be advised that civil penalties of up to $25,000 per violation may be assessed in accordance with NCGS 143-215.6A(a)(2). It is requested that you respond in writing to this Office within ten (10) days of the receipt of this letter and provide details concerning the cause of the discharge, and corrective actions taken to prevent future occurrences. In addition, please state your reason for failing to notify the Division of the ruffoff event. N. C. Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 395-3900 A NCDENR Mr. Byard Kornegay March 7, 2003 Page Two If you have questions concerning this letter, please contact Mr. Jim Bushardt at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor Jb:rs:KORNEGAY.303 CC: Wilms. gtowEH (enforcement)] Central Files J (03 ff �`l o — IRRIGATION FIELD RUNOFF POINT (SAMPLE STATION #2) 160 SAMPLE STATION #7 EXTENT OF SWINE WASTE TRAVEL _y, • , _ _ �� a r' j (BY VISUAL OBSERVATION OF COLOR)148 — �'�'• ? cr -L-z— �'���,s-`�_ �- LQ �,` �-•'T==- 1' r_ fig .. (! �,y'•• ram1[,� Jr } ri`/iy \ !43 167 (WARS4W NORTH) 'fib BEAUTANCUS 0.8 A41, Z 2'30'• 770 535411 SE I SCALE 1:24 000 2 0 1 MILE 000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 .5 0 1 KILOMETER CONTOUR INTERVAL 5 FEET NATIONAL GEODETIC VERTICAL DATUM -OF 1929 Jam~ N THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE 9Y U. S. GEOLOGICAL SURVEY, RESTON. VIRGINIA 22092 > FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILA8LE ON REQUEST 771 Prir ha r( Sec har • '• r+' AR i�' {•tom-rrj}r - i ��-,.�� 1 l r.- gyp IRRIGATION RUNOFF • • _i y ' .. 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'�1�S�,C,�' it--- r. .-: � AJ ' i. �4� "� «i 1 ,F,-• - yf���Cl�'' �"'�� •1' ?'• �1 r�•�w. \F'! s� •"3"�ri nib � • �-h s�.w.., � �.�-t, P � • -�4� � j-� l i_ ., z� ��. _F'-r a,7� � k .+? „z 1, �` 76'•W� tiJFi ] �_ i � t. �`' E, • 1 � � � ' `.^'.• i. ! i y$_ a s a S'• -w.• r' ] f'w ,'.. i- i �r� ��,s_ ` -'.'t � i' f ,s' ' -• ✓'.r! :� � O .i :.� t � .^J Mf t.t"=.' • ...r `G`; f SY'. "3iJ� .1 Ma �h- ! .a.J t' - .1 «t S r 13si' - -t1 ',r• t'ts;�. y�¢S +.r +' • !'7F _ �: �� y,1 Yy ij�' '� • _ qr •i ;rt fs .'a r4�f�� y�. �{' r -i3" � jC.. ��j � - .;h Mlar.-07-03 11:54A Envivochem 910 392 4424 P_02 -s Environmental Chemists, Inc. envirochein.ij: ) 6602 Windmill Way Wil¢tingloo-North Carolina 28405 (910) 392-0223 (Lab) - (910) 392- 424 (Fax Echcmw@aol.com CONSUL-TING CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDENR-DWQ Date of Report: March 7, 2003 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Purchase Order #: Attn: Jim Bushardt Report Number: 3-1138 REPORT OF ANALYSIS Date Sampled: 03104/03 Sampled By: Jim Bushardt WATER: Sample ID F, ab ID # 1 I # 2707 # 2 02708 Comments: Reviewed by: �cK Report To: Jim Bushardt Fecal Coliform, coloniesl100 mL 5300 157,025 E'1-1N1,1110ChCM a Analytical & Co=Wting Chemists ,,"Client: k ligilgd B • X' if�&LXr r r Sam pig T e: I = Influent E = Effluent W E t U 0 •r c W M 0 0 ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody NCDEW DWQ CoMrwrab 04, DL5 Cerdite". #37729 �Qn =cdai ey = Qtt%Aerm nttiat.. 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 I:msil..Echemw@noi.com Re ort No: Sample Identification Collection DATE TIME TEMP !� a 8 U' 4 XU p w I f PRESERVATION a BSc -� 0 a 1 ANALYSIS REQUESTED I I T P / f G o % C G P G G C P G G G G C P G G C P 141 ; G G C P G G _ - C P G G _ _ G G NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated i 0,2 m or less in the field at the time of collection. See reverse side for instructions. s��__-,_�_... _ _. .._..._-....-__.T._ _ Transfer _ Relinquished By: Date/Time i -- Received By: 1 Date/Time 1. 2. Temperature wh n Delivered By: 7J i , Comments:/ Accepted: �c r Received By: Oected: Resample Requested: �fiZ 73, �n�� Dste7�,•s �.s, ime: n C/o 3 DIVISION OF WATER QUALITY MEMORANDUM Date: March 26, 2003 To: Steve Lewis r ' From: Jim Bushardt Through: Rick Shiver Subject: Enforcement Report - Byard Kornegay Swine Farm No. 31-322 Certificate of Coverage AWS310322 General Permit No. AWG100000 Duplin County You will find enclosed a draft enforcement report, NOV, NOV reply, laboratory results, photographic and topographic presentations. This case involves two separate violations, hydraulically overloading the sprayfield causing runoff of approximately 900 gallons of swine wastewater into a roadside ditch, and failure to notify the Division of the discharge. The roadside ditch was found to be connected to Cow Hole Branch by field investigation. The writer feels that the discharge was not willful but was avoidable. The farmer indicated during the investigation that he did not have to spray to meet lagoon freeboard level compliance requirements. The field contained cattle and the soil seemed to be saturated and compacted. Spray irrigation activities were terminated by the farmer once field runoff became obvious. Notification of the discharge was not reported. The farmer did provide a temporary containment berm per the writer's suggestion. The berm effectively stopped the discharge into the roadside ditch. In regard to the farmer's reply letter which indicated equipment failure, the writer did not find localized flooding around the spray gun, but did observe evidence of proper spray dispersion over the pulling lane. The writer found no evidence that the spray gun had malfunctioned. In addition, the farmer did not mention spray gun malfunction during the investigation. If you have questions concerning this memo, please call me at (910) 395-3900. :s/wqs/jimb/kornegay3.303 Cc: Wilmington Office Files (enf), Central Files STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT NATURAL RESOURCES COUNTY OF DUPLIN File No. DV 4N THE MATTER OF } BYARD KORNEGAY SWINE FARM } (FACILITY 31-322) ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA } WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Byard Kornegay owns and operates the Byard Kornegay Farm, a swine operation located along NC HWY 403 in Duplin County. B. Mr. Byard Kornegay was issued Certificate of Coverage AWS310322 under General Permit AWG100000 for the Byard Kornegay Farm on June 26, 1998 with an expiration date of April 30, 2003. This permit does not allow the discharge of wastewater to waters of the State. C. On March 4, 2003, DWQ staff observed a discharge of wastewater by the Byard Kornegay Farm from the sprayfield to the roadside ditch along NC HWY 403. The roadside ditch flows to a farm ditch tributary to Cow Hole Branch. Cow Hole Branch is classified C-swamp waters of the State within the Cape Fear River Basin. D. Mr. Byard Kornegay had no valid permit for the above -described activity. E. Condition No. III.61 of the General Permit requires that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. F. Mr. Byard Kornegay failed to notify DWQ of the discharge of wastewater within the required 24 hours after discovery. The cost to the State of the enforcement procedures in this matter totaled S664.46. on the above Findings of Fact, 1 make the following: II. CONCLUSIONS OF LAW: A. Mr. Byard Kornegay is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary of Cow Hole Branch constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. 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. D. Mr. Byard Kornegay violated Condition No. 111.61 of the General Permit by 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 overapplying animal waste either -in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. E. Mr. Byard Komegay 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 twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. F. Mr. Byard Kornegay 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 twenty-five thousand dollars ($25,000A0) per violation may be assessed against a person who fails to act in accordance with the terms; conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Mr. Byard Kornegay pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Acting Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 111. DECISION: Accordingly, Mr. Byard Kornegay 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. $ for violating Condition No. M. 6. f. of the General Permit by 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 overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. -$ 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-282.1 (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) J. Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS VIOLATOR:. Byard Komegay Swine Farm (Facility No. 31-32Z) (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; Neither public health problems nor damage to private property were documented resulting from the discharge. (2) The duration and gravity of the violation; The discharge to the roadside ditch was estimated to be 900 gallons and occurred for approximately 3 hours. Mr. Komegay provided a temporary berm per DWQ request to abate field runoff. (3) The effect on ground or surface water quantity or quality or on air quality; The surface water sample taken for fecal coliforrn bacteria at the roadside ditch adjacent to the sprayfield measured 157,025 colonies/100ml. The water sample taken at the leading edge of the swine waste flow plume (approximately .4 miles downgradient from the farm discharge point) measured 5300 colonies/100 ml. The effects to both groundwater quality and air quality are not known. (4) The cost of rectifying the damage; A pumper truck would have had to remove the estimated 900 gallons of field runoff plus an unknown volume of dilution water from the ditch. The writer can not produce an accurate cost estimate because the total disposal volume of liquid within the ditch is not known. (5) The amount of money saved by noncompliance; There were no operational costs saved by allowing the field runoff event. The 1anmer indicated that he did not' have to spray on the date of the noncompliance event. (6) Whether the violation was committed willfully or intentionally; The field runoff event was not considered to be willful or intentional. Failure to notify is deemed intentional due to the fact that the farmer indicated the irrigation system was turned off when runoff became evident. (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; A copy of the compliance database is enclosed and shows that the Permittee was issued an NOV and Revocation for Nonpayment on 12-18-98. (8) The cost to the State of the enforcement procedures. The total cost of enforcement is $664.46. The cost is itemized below. Bushardt (17 man hours) = $515.10 Laboratory costs (2 fecal samples) = $40.00 Photo processing = $ 9.36 Administrative cost = $100.00 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina department of Environment and Natural Resources r` Allan W. Klimek, R.E. Director y Division of Water Quality r Wilmington Regional Office CERTIFIED MAIL 7001 0320 0003 6165 3333 RETURN RECEIPT REQUESTED Date: March 7, 2003 Mr. Byard Kornegay Byard Komegay Farm 776 NC HWY 403 West Mt. Olive, North Carolina 28365 Subject: Notice of Violation and Recommendation for Enforcement Byard Kornegay Farm (Facility No. 31-322, Permit No. AWS310322) Duplin County Dear Mr. Komegay, This letter is to inform you, as operator and owner of the Byard Kornegay Farm, that you are in violation of North Carolina General Statute 143-215.1(a)(1) and Condition 1.1 of General Permit No. AWG100000 for making an outlet to waters of the State. In addition, you are in violation of permit Condition 111.6(f) for failure to notify the Division of the overapplication of animal waste that caused a discharge to surface waters of the State. A site visit was made on March 4, 2003 based upon a complaint of irrigation field runoff. The complaint was received at the Wilmington Regional Office at approximately 1:30 PM. The spray irrigation field was found to be located at the crest of a ridge adjacent to a roadside drainage ditch. Regional Office staff witnessed swine waste entering a roadside ditch along NC HWY 403. In addition, the spray irrigation system was not functioning at the time of the investigation, and appeared to have been turned off after approximately 200 ft of gun travel (approximately 300 ft of irrigation). The roadside ditch flowed to a farm ditch tributary to the Cow Hole Branch. Division staff walked the drainage route to confirm connection to Cow Hole Branch. The swine waste had not reached the Cow Hole Branch at the time of the investigation. The spill continued until approximately 4:30. Enclosed, you will find annotated copies of the Mt. Olive USGS Topographic Quad Sheet and an aerial photograph of the area that depict the flow path, the extent of swine waste travel at the time of the investigation, and the surface water monitoring points. Cow Hole Branch is classified as C-swamp waters within the Cape Fear River Basin. Also, you will find laboratory testing results for sampling performed on March 4, 2003. Fecal coliform bacteria sampling indicated that 157,025 colonies1100ml were found at Station ##2 and 5300 colonies/100 ml at Station # 1. Station #1 was located at a point along the drainage route where water color had not yet changed to red, but was beginning to mix. Division staff estimated the total field runoff volume to be approximately 900 gallons (5 gpmx180 mins). The runoff condition appears to have been caused by a combination of wet soils and poorly drained soils impacted by cattle compaction. The farm staff constructed a containment dike to stop the field runoff per the investigator's request. The mitagative effort is greatly appreciated. Please be advised that civil penalties of up to S25,000 per violation may be assessed in accordance with NCGS 143-215.6A(a)(2). It is requested that you respond in writing to this Office within ten (10) days of the receipt of this letter and provide details concerning the cause of the discharge, and corrective actions taken to prevent future occurrences. In addition, please state your reason for failing to notify the Division of the ruffoff event. N. C. Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 {910) 395-3900 �A * NCDENR Mr. Byard Kornegay March 7, 2003 Page Two If you have questions concerning this letter, please contact Mr. Jim BusKardt at (910) 395-3900. 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'•i+. i''d:'i'•lr�� Yff x.n�i�, :'-�F 11:54A Envir-ochem , 910 392 4424 P_02 Z+) CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext, Wilmington, NC 28405 Attn: Jim Busbardt Environmental Chemists, Inc. 6602 Windmill Way • Wilmington. North Carolina 26405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) EchrmW@aol.com NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729 Date of Report: March 7, 2003 Purchase Order: Report Number: 3-1 138 REPORT OF ANALYSIS Date Sampled: 03104/03 _ Report To: Jim Bu.Shardt Sampled By: Jim Busbardt WATER: Sample ID 1.ab 11) # I i # 2707 # 2 # 2708 Comments: - Reviewed by: \,->-'., 1 i -r� S tit colonies/100 mL & Consulling Chemists Collected B J . , /j fr., AamnlP Tine- i = Inf nont_ F. = Efflsspnt_ W ENVIRONMENTAL CHEMISTS, INC Sample CoJection and „Chain of Custody NCDENR, DWQ Cordlkato#l4, DL5 Cerflftwe037729 cn wcnil_ cr cl��,�op ntl,pr. 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 E il•EchemW sol.com Rgport No: , 9 t Sample Identification Collection _ rDA T E TLME TEMP .. tt �• v I ° G7k is� 6 k ` Q w II m17 PRESERVATION �~ p- Ec r ANALYSIS REQLfESTED _ �'`�-- w z I jam'/, I`� k d o �l z rz� C P 071 r CV 7 _ P _ G G C P G G G G _.. _ C P 4 G I G C P G G C P �a G G C P G G C P �— , G G —. NO 1`ICL — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated i �i.2spm or less In the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time ; Received By. i Date/Time 1. 'temperature wh n 1(ec lived, Delivered 1;y: ►�m i� u Comments: _ / 5-c'r2 " L, to`� Accepted: 21! -ected: ' Resample Requested: r Received By: C! jL S E Date:� Ila- c9i ywt ot f ® Lu �_ _ } � � 't ` kil l '-�' .ems' J �� dam: •17�� i f .:-^ `� .i t t \ •-'jam �`�:-.; �•^�i=` ,i ��y� �- ov rT� ,,. •ram:--•�� =x Y. . - • +l _} _ \ _ _ d ��` 'ti 1 ' � �,_ +ice •'[ `: ✓� f._ Y�_ '�=mac �rq+.,r ,rZ. 1 F L - - � • �,.'7y..���R'�r� •Y+ �;1�% ,�,.ii-?_ - � plc. ..- � � s �. 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L � ,,.y,�7'- 1� . . :�' � '� �f.' t � ♦ '� art �z ��w±_��`�a�� t � �' ��_T•� �1�`�L'l_ Ir►. `. :�''. r Korn X ac 'Atfifiberl. win Na• Kornegay Farm Byard Reason for Examption21-1.0200 Ce i6 3pondence History Rea .dif ation, ter Date elibluo " Notice" of V16 I-ation, an: Nonnavment, rce.me.n.t.-Pis.tory Additl ona[rn Coments;'-` se Number Central Office Log In Date Penalty Assessed.;: Penalty Amount, AMou t Paid, Case Closed D n Ca ate, .4, 'Visita.tio-P History itation Visitation Inoo Date Agency Type of Visit 02/16/00 Division of Water Quality Compliance inspection Division of Water Quality Compliance Inspection 06/30/00 Division of Soil and Water Operation Review "IZE-1 F, Michael F. Easley, Governor of W AT, � r 0 Y February 11, 2002 MEMORANDUM TO: Coleen Sullins, Chief Water Quality Section William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director _Division of Water Quality THROUGH: Stonewall Mathis, Environmental Engineer I 5,yt Wilmington Regional Office FROM: Rick Shiver, Water Quality Regional Supervisor Wilmington Regional Office SUBJECT: Enforcement Report James Bryan Peterson Peterson Farm 2 Facility Number: 31-332 Duplin County Attached please find the subject enforcement report which concludes that James Bryan Peterson: 1) Violated Condition II. 1. of the Swine Waste General Permit by failing to maintain at all times and properly operate the collection, treatment, and storage facilities, and land application equipment and fields resulting in a discharge from the animal waste management system. 2) Violated Condition I. 1. of the Swine Waste General Permit by discharging animal waste into a ditch that drains to waters of the State. 3) Violated Condition III. 1. of the Swine Waste General Permit by failing to conduct inspections of the waste collection, treatment, and storage structures at a frequency to ensure proper operation of the system. 4) Violated Condition IIL 6 of the Swine Waste General Permit by failing to report the discharge to the Wilmington Regional Office by telephone as soon as possible or at least within 24 hours following first knowledge of the discharge. Wilmington Regional Office 127 Cardinal Drive Extension Phone: (910) 395-3900 Wilmington, NC 28405-3845 Fax: (910) 350-2004 Memorandum to Coleeri Sullins James Bryan Peterson Enforcement Report February 11, 2002 Page Two On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality conducted a routine inspection of the referenced facility. Mr. Mathis observed that animal waste had discharged from a cleanout pipe at the end of the swine house. Mr. Peterson indicated that the animal waste had discharged from the pipe due to some pieces of wood blocking the pipe. The waste had discharged into a ditch that drains to waters of the State. Mr. Peterson said that his farm helper had discovered the discharge on October 6, 2001, and his farm helper indicated that the discharge could not have been going on for more than a week before he found it. Mr. Peterson said that his farm helper had not let him know about the discharge until October 13, 2001. Mr. Peterson said that he had not tried to notify the Wilmington Regional Office about the discharge. It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General Statute 143-215.6A(a)(1). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $415.15 pursuant to North Carolina General Statute 143- 215.3(a)(9). If you have any questions, please contact me at 910-395-3900. ATTACHMENTS S:IWQSIANIlViALS\DUPLM002131-332enf\ 31-332memo cc: Wilmington Regional Office (Entire Enforcement Package) Michael F. Easley, Governor 0F W A7F9OG _y 1 � y d � February 11, 2002 MEMORANDUM TO: Coleen Sullins, Chief Water Quality Section William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director .Division of Water Quality THROUGH: Stonewall Mathis, Environmental Engineer I 5r3,t Wilmington Regional Office FROM: Rick Shiver, Water Quality Regional Supervisor Wilmington Regional Office SUBJECT. Enforcement Report James Bryan Peterson Peterson Farm 2 Facility Number: 31-332 Duplin County Attached please find the subject enforcement report which concludes that James Bryan Peterson: 1) Violated Condition II. 1. of the Swine Waste General Permit by failing to maintain at all times and properly operate the collection, treatment, and storage facilities, and land application equipment and fields resulting in a discharge from the animal waste management system. 2) Violated Condition I. 1. of the Swine Waste General Permit by discharging animal waste into a ditch that drains to waters of the State. 3) Violated Condition III. 1. of the Swine Waste General Permit by failing to conduct inspections of the waste collection, treatment, and storage structures at a frequency to ensure proper operation of the system. 4) Violated Condition IR. 6 of the Swine Waste General Permit by failing to report the discharge to the Wilmington Regional Off ce by telephone as soon as possible or at least within 24 hours following first knowledge of the discharge. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910)395-3900 Fax: (910)350-2004 Memorandum to Coleen Sullins James Bryan Peterson Enforcement Report February 11, 2002 Page Two On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality conducted a routine inspection of the referenced facility. Mr_ Mathis observed that animal waste had discharged from a cleanout pipe at the end of the swine house. Mr. Peterson indicated that the animal waste had discharged from the pipe due to some pieces of wood blocking the pipe. The waste had discharged into a ditch that drains to waters of the State. Mr. Peterson said that his farm helper had discovered the discharge on October 6, 2001, and his -farm helper indicated that the discharge could not have been going on for more than a week before he found it. Mr. Peterson said that his farm helper had not let him know about the discharge until October 13, 2001. Mr. Peterson said that he had not tried to notify the Wilmington Regional Office about the discharge. It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General Statute 143-215.6A(a)(1). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $415.15 pursuant to North Carolina General Statute 143- 215.3(a)(9). If you have any Questions, please contact me at 910-395-3900. ATTACUW1ENTS S:\WQS\ANDAALS\DUPLPqUO02\31-332enf\31-332memo cc: Wilmington Regional Office (Entire Enforcement Package) STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DUPLIN IN THE MATTER OF ) File No. PC JAMES BRYAN PETERSON ) FINDINGS AND DECISION FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF PERMIT VIOLATIONS ) CIVIL PENALTIES ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Gregory J. Thorpe, Ph.D., Acting Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. James Bran Peterson owns -and operates the Peterson Farm 2 which is a swine operation located along.State Road 1953 in Dupiin County. B. James Bryan Peterson was issued Certificate of Coverage No. AWS310332 under General Permit AWG100000 for Peterson,Farm 2 on January 26, 2001, effective January 26, 2001, with an expiration date of April 30, 2003. C. Condition No. U.1. of the General Permit states "The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated." D. Condition I. 1. of the , General Permit states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters; wetlands, or ditches."' E. Condition M. 1. of the General Permit states in part "An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events." F. Condition III. 6. of the General Permit states in part "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving,. -treating, or storing the animal waste and/or sludge." G. On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality conducted a routine inspection of the referenced facility. Mr. Mathis observed that animal waste had discharged from a cleanout pipe at the end of the swine house. Mr. Peterson indicated that the animal waste had discharged from the pipe due to some pieces of wood blocking the pipe. The waste had discharged into a ditch that drains to waters of the State. Mr..Peterson said that his farm helper had discovered the discharge on October 6, 2001, and his farm helper indicated that the discharge could not have been going on for more than a week before he found it. Mr. Peterson said that his farm helper had not let him know about the discharge until October 13, 2001. Mr. Peterson said that he had not tried to notify the Wilmington Regional Office about the discharge. ' H. The costs to the State of the enforcement procedures in this matter totaled $415.15. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. James Bryan Peterson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1 C. James Bryan Peterson violated Condition No.11. 1 of the General Permit failing to maintain at all times and properly operate the collection, treatment, and storage facilities. D. James Bryan Peterson violated Condition I. 1. of the General Permit by discharging animal waste into a ditch. E. James Bryan Peterson violated Condition M. 1. of the General Permit failing to conduct an:inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation. F. James Bryan Peterson violated Condition M. b. of the General Permit 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 any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. G. James Bryan Peterson may be assessed civil penalties pursuant to G.S. 143- 215.5A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against a person who violates or fails -to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against James Bryan Peterson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I (b)(8). I. 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: James Bryan Peterson is hereby assessed a civil penalty.of: E For of one violation of Condition No.11. 1 of the General Permit by failing to maintain at all tunes and properly operate the collection, treatment, and storage facilities. $ For of one violation of Condition I. 1. of the General Permit by discharging animal waste into a ditch. Ej For of one violation of Condition M. 1. of the General Permit by failing to conduct an inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation. For of one violation of Condition M. 6. of the General Permit by 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 any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 415.15 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. 14313-282. 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. (Date) Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality 0 DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Violator: James Bryan Peterson Contact Person: Same Address: 7950 NC Highway 11, Willard, NC 28478 Facility Name: Peterson Farm 2 Facility #: 31-332 Receiving Stream and Classification: Ditch that drains to a unnamed tributary to Island Creek, Class C Sw, waters of the State Regional Office: Wilmington Inspector / Report Prepared By: Stonewall Mathis Registered Agent: (if applicable) Address: (if applicable) Case Narrative: On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality conducted a routine inspection of the referenced facility. Mr. Mathis observed that animal waste had discharged from a cleanout pipe at the end of the swine house. Mr. Peterson indicated that the animal waste had discharged from the pipe due to some pieces of wood blocking the pipe. The waste had discharged into a ditch that drains to waters of the State. Mr. Peterson said that his farm helper had discovered the discharge on October 6, 2001, and his farm helper indicated that the discharge could not have been going on for more than a week before he found it. Mr. Peterson said that his farm helper had not let him know about the discharge until October,13, 2001. Mr. Peterson said that he had not tried to notify the Wilmington Regional Office'about the discharge. Farm and/or Company Com fiance Histo : Include a copy of CAFO Designation letters previous NOV's, NOD's, previous civil assessments, etc. Mr. Peterson was assessed.a civil penalty of $5,272.38 on October 31, 2001 for a January 7, 2001 discharge to waters of the .State at the James B. Peterson Farm in Pender County. Mr. Peterson was issued a.Notice of Violation on November 30, 2001.for inadequate record keeping, not following the Certified Animal Waste Management'Plan, and needing to improve -the crop for the James B. Peterson Farm in Pender County for -an inspection conducted on October 19, 2001. Amount- of Waste Discharge lit' applicably If amount cannot be estimated, what is the rate ' of flow reaching surface water. The estimated amount of waste discharge from the system is 15,354 gallons with at least 112 gallons discharging into a ditch that drains to an unnamed tributary of Island Creek, class C Sw, waters of the State. Sample Results (If applicable) with locations of samples taken noted in relation to discharge point: There were three sample points. Sample 1 was taken by the swine house near the point of discharge from the cleanout pipe; this sample consisted of 20.8 % total solids. Sample 2 was taken from a puddle in the ditch near the point at which the waste discharged into the ditch. Sample 3 wastaken in a unnamed tributary to Island Creek at State Road 1953. The sample results are as follows: Sample Point 1 2 3 Fecal Coliform 260,000 colonies/g 400,000 colonies/ 100mL 10,900 colonies/100mL (as received) 1,250,000 colonies/g (based on dry weight) Total Solids, % 20.8 Violator's decree of cooveration (includine efforts to prevent or restore) recalcitrance: Violator failed to maintain at -all times and properly operate the collection, treatment, and storage facilities, and land application -equipment and fields resulting in a discharge from the animal waste management system. Violator discharged animal waste into a ditch that drains to waters of the State. Violator failed to conduct inspections of the waste collection, treatment, and storage structures at a frequency to ensure proper operation of the system. Violator failed to report the discharge to the Wilmington Regional Office by telephone as soon as possible or at least within 24 hours following first knowledge of the discharge.' The writer instructed the violator to place the discharged solid waste back into the.lagoon. During a follow-up inspection, the violator indicated that he was having trouble scooping up the solids with his back hoe and asked if he could disc the solids into the ground. I instructed the violator that he could disc the solids into the ground and seed the area with grass seed. The violator did this. Fish kill observed? YIN If yes, include pWort from WRC: No fish kill was observed at the time of the inspection. Mitigating Circumstances: No mitigating circumstances. Recommendation: The Wilmington Regional`Office'is recommending assessment of a civil penalty to the Director of the Division of Water Quality pursuant to G.S. 143-215.6A. Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste flow. f waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for Enforcement. If citing certified plan or permit condition violations, include copies ofpermit or plan. Assessment Factors re aired to be considered by G.S. 143B-282.1 b : 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 degree and extent of harm was minimal. 2. The duration and gravity of the violation: Mr. Peterson said that his farm helper had discovered the discharge on October 6, 2001, and his farm helper indicated that the discharge could not have been going on for more than a week before he found it. Mr. Peterson said that his farm helper had not let him know about the discharge until October 13, 2001. The writer performed the routine inspection during which the discharge was discovered on October 16, 2001. It is estimated that 15,354 gallons of animal waste discharged from the animal waste management system during this time period. 3. The effect on ground or surface water quantity or quality or on air quality: It appears that the effect on surface water quality may have been an elevated fecal . coliform level of 10,900 colonies/ 100mL in an unnamed tributary to Island Creek, class C Sw waters of the State. The effects on ground water quantity and quality, surface water quantity, and air quality are thought to be minimal. 4. The cost of rectifying the damage: Some of the damage cannot be rectified such as the damage done to the surface water quality. The cost'of rectifying some other damages is the cost to Mr. Peterson of discing the solid waste into; the ground and seeding the area with grass seed. The writer does not know this cost but it is thought to be minimal. 5. The amount of money saved by noncompliance: The amount of money saved by noncompliance is that amount of money necessary for Mr. Peterson to perform or have performed inspections at a frequency to insure that the system is properly operating and upon determining that there is a problem with the system, providing prompt and sufficient mitigation activities. This amount of money is not known by the writer. 6. Whether.the violation was committed willfully or intentionally: The writer.believes that the cause of the discharge of animal waste from the animal waste management system was not committed willfully or intentionally. However, the writer believes that failure to perform inspections at a frequency to insure proper operation of the system led .to the increased gravity of the violation and the writer believes that this failure is willful and intentional. 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 violator was assessed and paid a civil penalty of $5,272.38 for a discharge to waters .of the State which was discovered on January 7, 2001 at the James B. Peterson Farm. The violator received a Notice of Violation dated November 30, 2001 for violations at the James B. Peterson Farm discovered during an October 19, 2001 inspection. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $415.15, as follows: Staff, Mathis, 8 hours @ $24.00/hour $192.00 Pictures 25 @ $0.145/each $ 3.63 Mileage, October 16, 2001 63 @ $0.31/mile $ 19.53 October 17, 2001 68 @ $0.31/mile $ 21.08 October 24, 2001 61 @ $0.31/mile $ 18.91 Samples 3 Fecal @ $20/each $ 60.00 Administrative Costs $100.00 Total $415.15 S:IW Q SIANIMALSIDUPL1N12002131-332enfl31-332enfrpt 11-7a. 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F acility # 31-332 Peterson Farm 2 Duplin County Not to Scdle Sample Point 1 Drainage path Swine Houses d �0 • .' ' ' ' '• .. ��` Lagoon Sample P oint 2 Ditch Down Gradient Direction Unnamed Tributary to Island Creek , Class C Sw VVOS Legend Animal Waste 40 UT to Island Creek ADS �} Pip a Culvert State Rand 1953 ample Point 3 4er C. r/ 30 -F6 31 r( j Aso o - L r %+c+Lso 1 _ nr_ti ci n Vic' . Q vv;�.-. �� ✓C 3v .�_ - i F --� CZ n ..lid b 6 G e `. eA� o.�' 4 ne, _ad I ���_ ey e tL- . .�i r c QS 3 7' `a— b ZdLect d K 16 _i_. c< 1 ;^ — HS el he n O�—fi do s e Ct s 4 i V S" r hs-�r� N C ,, _AD 7_ �► LA " i1 "1 s ct Td C-1 n �rS ,srq' 1 s f i - - _ k1R� C• J'� off' an. 10/6 (c 1 -b 0 -t d: d n M c, at bq t k o.,, F/I J, C'j J! ff� #J 011 �-____�'� b��rt+ks�-1�EI y:cr S �(��� r�{���• �.r.t;s .5,,,�.�._......____ _. _ i0 _ � .�?!_.�I.n.-°---�--�----- _. _ .� _- j ' - =014 j- ice, f . -----_--j_-��-3 3 1�� .(`7�_I �1Z. 'L�c._w ,�� _ c_� J �U__.{, I ,..��,��;.t-:,�r� ---- cwc If , 4 Lz6Y --- 4'. ry SC 4!z e(! n 'fie In -L Al it v Wr Ito Lus CS L1 g-Nj3 rfa, � lot, vr, -k C'C' 132-5 Need 14�f)tw t --:O;l �-e Facility Number 31 33Z D�teorvisit- Time: 0 Not Operational Q Below Threshold 13 Permitted 0 Certified 13 Conditionally Certified [] Registered Date Last Operated or Above Threshold: Farm Name: �FC,� ` � r ` Z Countv- v0 j Owner Name c1 aE S J�e-f n r� Phone No:. Facility Contact: Title: ..... ...... ......... .........................•............... Phone No: _ ............ .............. _ Mailing Address: Onsite Representative: ''"^E'` fc'erSO=^ Integrator: V� Certified Operator: Location of Farm: Operator Certification Number: •• „•,,,___.. ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • 4 °6 Longitude ' 4 F__1« Design Current Design Current Design -.Current :Swine Capacity Population Poultry Capacity Population Cattle Capacity Pooelation El Wean to Feeder ❑Layer ❑Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy Farrow to Wean ff Farrow to Feeder ❑ Other '.jEFarrow to Finish Total Design Capacity Gilts Boars Total SSLW ;Number of L$goons t Subsurface Drains Present 110Lagoon Area 10 Spray Field Area '':':Holding Ponds % Solid Traps 10 No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑Yes No Discharge originated at: ❑ Lagoon [3Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? El Yes ❑ No b. If discharge is observed, did it reach Water of the State? (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) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ffyes ❑ No 3. Were there any adverse.impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes PINo Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes e�No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Idcnti!"icr:....................... .................... ............ ..___ --.......... -........ .................................... ........................ -.......... .................... ...... .......... Freeboard (inches): L 5/00 Continued on bank ifiity Number: 3 J — s Date of Inspection E (} Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes jff No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ONo (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenanceCmprovement? ' ❑ Yes JZNo 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes.A No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ONo WasteApplication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ONo 11. Is there evidence of over application? ❑/Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes'P'No 12. Crop type l�er''"` �q C6✓ 4--Cl 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes 'No 16. Is there a lack of adequate waste application equipment? ❑ Yes FrNo Reouired Records & Documents I7. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ,,kTNo 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?, (ie/ WIT, checklists, design, maps, etc.) ❑ Yes UNo 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ETNo 21. Did the facility fail to have a actively certified operator in charge? F ❑ Yes ,ETNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) j2fyes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes E No 24. Does facility require a follow-up visit by same agency? ❑ Yes �:kNo 25. Were any additional problems noted which cause noncompliance.of the Certified AWMP? Yes ❑ No Q•afiat>�s:ei•ddiel nd *vere 0000-du�ring this:visit:• YOU wAl-tee0iye do further yiul corres ori�enee alaout: this visit: ... . . :..:-•�-x-r„-_:.-::�... r-...�-„ems, - ._�-,=;�..,., :.. �.-..., -,r....,..-, -.. .. ._ .- �.nwc— - Use draiwiags_of fac i to bettez - lain lain "tuatioiis. Wi e'additsoual pages 2_ v0r,44f- has d;sGhRr5e41 -from rA CIeqA,•�o } P;lv¢. 1{e js'C4���cti f S"n'l.rfcr 4 F' c 0'a weci . kin. � Z . J A.,.tes se r4 kU �'a�.,+, kliq er t<o� �d -�1,� o1 �'rc ��.}e an 1 a%c-r e I �'►�d� MparjCA ► -�� '�0,VLles opt lal t�nl. s�'I"d 6 d,`r�►2c��� 4o e-gt1 DWO v t�� r.� �i %F. a;a w' 1 _ -S�r ln� n. k.,_ g91,4,. 1 a f v .a \"r" / u u ti ' cr .-, � �"'7i� '�1 �t�D 7 -\V r'1-+Z [+r% j HW Reviewer/Inspector Name ,s ileivq!' l F -, = Reviewer/Inspector Signature: Date: 101VOI CA00 31 -332Date of Inspection 16 I fo Gl t-. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged rill pipe or a permanent/temporary cover? ❑ Yes ❑ No ❑ Yes J'No ❑ Yes 1'No ❑ Yes 0 No ❑ Yes grNo ❑ Yes J� No El Yes ❑ No bo mment5 an or:. rawtngs•; = --`— �-' -- -�- -_ �� - ,;;�-� _; Tilere AeC d:-F-fcrz:n+ -nail be useit -kr orl 4ke -�C99-2-fs _ A. jr-'--xx Gct4 eyla�-k , ew Y-Oe needs 4o be. used •he- -JW,-Z., s . _ . ,m� Divts�on of Water QuaLty� N pe of Visit O Compliance Inspection O Operation Review Q Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up Q Emergency Notification O Other ❑ Denied Access Facility Number bate of V9:20 isit: 101I712001 Time: Printed on: 10/18/2001 31 332 NNot O erational Q Below Threshold ® Permitted ® Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: Farm Name: County: I?uRhu----------------------------- -- --. i'.RS?. ...... Owner Name: ,Iann�saltPQte�st:n____Phone No: Mailing Address: ..7.9.5.!?.G.11gjl ......... ......... .... ... ........... ........................................ )?4'xllal ... __.............................. _...................... ..7.8.............. Facility Contact: ................ ...._. .... ...._. ...._....... ..Title .. Phone No: Onsite Representative: Zamt:S_P_�tS4D__. . Integrator: Certified Operator:�,�p0.t;S---._.... _.. ...._------- Pet�rs.Qm ._.---- .:..------------- Operator Certification Number: X6.465 _....... .......... Location of Farm: East of Greenevers. On North side of SR 1953 approx. 2 miles East of SR 1949. Take left farm path to facility. A. T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 52 & 35 Longitude 77 • 57 ( 35 s4 'Design==Current:= `- Desi Current Design Current �_ g .Swine —Capacity -Po ulation Poultry Ca aci irPo ulation Cattle Capacity Po ulafion Wean to Feeder [:]Layer ❑Dairy ® Feeder to Finish 2448 ❑ Non -Layer Non -Dairy Farrow to Wean ❑ Farrow to Feeder JE1 Other Farrow to Finish - Totai Design Capacity 2,448 .._ ..r..._. Gilts - Boars = - - TotalSSLW 33a,48o Number of Lagoons > :. ❑ Subsurface Drains Present ❑ Lagoon Area JE1 Spray Field Area Holding Ponds /Solid Traps 0 - ❑ No Liquid Waste Management System Discharees & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. if discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes [IN o c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? _ ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Coiieciian & T reaimeni 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: --------------------------• ------ ----- --- --••------- Freeboard (inches): nr ua�inv UJ.�U: C. CllT!!ITl1Cl: cility Number: 31 Date of Inspection 10/1712001 Printed on: 1011812001 /;5.Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6: Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any orquestions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes []No S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10- Are there any buffers that need maintenance/improvement? El Yes ❑ No 11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type I3. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Re wired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewerlinspector fail to discuss review/inspection with on -site representative? ❑ Yes ® No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 13 No violations or deficiencies were noted during this visit You will receive no further correspondence about this visit. _ �. - - Comments;(refero_.ques ion:#) Explain a� YES answers as or a>� recnmenaftons orny other comments, # --=x ,. AUse rawangsoffac� styto:be er explain sitna'ions..{us itionai ages as necessary - ❑ r , Field Coy Final Notes t This inspection was conducted as a followup to monitor the cleanup activities of the discharge which I discovered on 10/16/01 during a routine inspection. Mr. Peterson said that he was having trouble scooping the solids up with his backhoe to put them back in the lagoon. We agreed that he could disc the waste into the area behind the houses and plant fescue here to take up nutrients and provide vegetative cover. He is to have this completed by Saturday 10/20101. Reviewer/Inspector Name Reviewer/inspector Signature: - Date: 1 l 8 OJ = ' f IDI tsion of Water Quality Type of Visit .4 Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint 6Fofow up O Emergency Notification O Other p Denied Access Facility Number �] j �_ Uatc of Visit: - OI 3 Time: S, F%^ O Not Operational O Below Threshold © Permitted Q Certified 0 Conditionally Certified E3 Registered Date Last Operated or Above Threshold: _. Farm Name: �E "''^ }~l:`r''z �.. County: Owner Name: '�e'�s('h......_.. Phone No: Facility Contact: Title: _ ..............._..................._............_ ._..... Phone No: Mailing Address:. Onsite Representative: Pipe4er e^ t G'6' �'e.. Integrator: '�-..�.. �1. Certified Operator . ........ ...... ........ —.... ...................... ........... ........................................ Operator Certification Number:...._._ .._. _......_.. Location of Farm: 0 Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude U• ` " Longitude • & « - Design Current Design Current Design Current nez;SCapacity PopulationPoultry Capacity Population C2 Me Ca aci Population' El Wean to Feeder 10 Layer I ❑ Dairy Feeder to Finish 10 Non -Layer ❑ Non -Dairy ❑ Farrow to Wean Farrow to Feeder Other - Farrow to Finish Total Design Capacity ❑Gilts , ;-; _ ❑ Boars Total SSLW Subsurface Drains Present Lagoon Area of Lagoons . 5F'aY Field Area ``"`'.HoidiugPottidsISolid Traps ❑ No Liquid Waste'Management System - Dischargm & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance mar. -made? ❑ Yes ❑ No b. If discharge is observed. did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed. what is the estimated flow in gal/thin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No .3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑-No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ......................... ....... ................... _................ ......... ......................... Freeboard (inches); 5100 Continued on back ry Numbe.-: Date of,-'�°``s �spection �, 10 Z 0! Are there any immediate threats to the irate � `'-'t"'❑Yes ❑ No . �hr''= ' of any. of tiie stslt .observed? (c! trees, severe erasion, �• ,.�, seepage, etc.) 6. Are there structures on -site which are not ro 1y '� p P y add ' closure plan? � an�l/ot imaged liirough-a waste management or ❑ Yes ❑ No (If any of questions 4-6 ,. - _v - t» immediate public h- ealth wo nered and �e a3tation pour an '!ro tal n 'I*' DWQ] Y-- s 7. Do any of the structures need maintenancelmprovetnent?; , d_`'L'_" ' ❑Yes ❑ No z; ---'ram• • •.'{ :.: -`i 1:.[�'.Z•'require =3hcs.•: �: ; 8. Does any part of the waste management system.othe.r �roqu' 7 ❑ No Izil . _ uire ire maintenance/improvement. ❑Yes 9. Do any stuctures lack adequate, gauged markers with �" ' " elevation.required maximum and minimum liquid level markings? ❑ Yes Waste Application 10. Are there any buffers that need maintenanceli • ..- R mente-ti''m: ''�'e eT x-: ❑ Yes ❑ No mproy 11. Is there evidence of over application? ❑ Excessive Ppndingy:❑ PAN ❑Hydraulic Overload El Yes ❑ No 12. Crop type 13. Do the receiving crops differ with-'"''''!_jed' these designated in the Certified Animal Waste Management Plan (CAWMP)? ❑Yes ❑ No 14. a) Does the facility lack adequate acreage for land lit {? �?4 app one•_ ❑ Yes ❑ No b) Does the facili need a wettable " facility acre determination 44--,,.r, ❑Yes ❑ No c) This facility is pended for a wettable acre determination?`'.��}��''=` "'` ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑Yes ❑ No 16. Is there a lack of adequate waste application equipment. ❑Yes ❑No Required Records & Documents s ;i+rt 17_ Fail to have Certificate of Coverage & General Permtt readily available. _ ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps etc.) ❑ No ❑Yes 19. Does record keeping need improvement? (ie/ irrigation, 'viaaste analysis & soil sample reports) ❑Yes ❑ No 20. Is facility not in compliance with any applicable settack criieria in effect at the time of design? ❑ Yes ❑ No ...�..r..:y„ 21. Did the facility fail to have a actively certified operato:tee_.,r_in charge?Y ='^ ❑Yes ❑ Na 22. Fail to notify regional DWQ of emergency situations as reqftired by GC neral Permit? (ie/ discharge, freeboard problems, over application)❑Yes ❑ No 23. Did Reviewer/Inspector fail to discuss reviewAnspection with on site representative? ❑ Yes�No 24. Does facility require a follow-up visit by same agency? ._^;. ,,:,'.r �,,.• ❑Yes ❑ No 25. Were any additional problems -noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No yiulaiio is •oar• dg k nckes •wire 00 du ig s;v�s�t; -;Your �'ee lye o #'u thgr eomispor ideii& abiniti this visit " :: ........ . ..... . cApeG 66v-td 4ke i-lo5 L-t4Lt-�er Where -Ne Sent.s hnziI,""rea on40 I-VA-S bepn d'sce-4 ! I evrieil , end 'ecd,-'y a� r^ye • Xesz -,v� as M-.. Fc4c-rsoi-, Arad T;x�vssGd, j Reviewer/Inspector Name _ Reviewer/Inspector Signature: _ - Date: 1 d 2 tilal V�r'v:n-.� 1 2-0 1 R SO l r A nol d i .s ckc,fgc ���+=►r+ CIeGtotov4 p'f 418.B -r4' x � �1� 3, 13? 9cljoyrs 507-& (T2-) = 14 ;13 246 418, ��� x 7�-34! 3 133 Gllnhs Addy 4d 3, 133 o)411osi-5 3j poi [� wO 5 e14 IC qS. 300 jr4 q�eci off' sol ids -o -�I-,� 014c,l-t. pores vt 4,o o-q iwerotge 144 w; dg 1✓�G� �zJ _r43 k 77..4,B 9`j1l�_ .3 ASS:1 vhe �ac.J 4e;t key ?L +";h �rdr G'� isC �-ict �E pc=•1� -1C 30 L )Lr✓ �Ssur"e AM oICFand 6`7 F'1cw ovey- /,I �ericti fyrdc,�s 40 u-4 4r, a 44,4-0 39 i k,cam,Vv OC4060�- 1 _Z 2a6) -�h ©c.c � d c-1ove� 1 6) .ZC of _ jLfJ�1�� �rS�(S1 1 �ual�10c ypb Y J+ `��J /a �' s a `7j- ( -)o all LA L t^ L.i V -2) & RECEIVED -�-�� OCT 3 i 2c�]n�ironmental Chemists, Inc. 6602 Windmill Way - Wilmington, North Carolina 28405 BY: (910) 392-0223 (Lab) - (910) 392-4424 (Fax) EchemW@aol.com CONSULTING CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Stonewall Mathis Date Sampled: Sampled By: �7� REPORT OF ANALYSIS 10/16/01 Stonewall Mathis Date of Report: October 19, 2001 Purchase Order #: Report Number: 1-5694 Report To: Stonewall Mathis Sample ID 1 2 3 # 10964 # 10965 # 10966 Fecal Coliform, 260,000 400,000 10,900 (as received) colonies/g colonies/100 mL colonies/100niL Fecal Coliform, Colonies/gamtS 1,250,000 €� , Zh (based on dry weight) ��F ", M-�52 rs4 w}-'sue '.+'•s. Total Solids, % 20.8 aa� i Comments: Reviewed by:. r ENVIRONMENTAL CHEMISTS, INC M 6602141indmill Way Wilmington, NC 29405 Sample Collection and Chain of Custody Phone: (910) 392-0223 NCDNRtDWQ c.�uewe #94, DIA c�ndee 037120 Fax: (910) 392,4424 G 0LN C ; I �^-: �c,-, ire^ �:^A1 ; cc ]::mail: Echem3y@aul.com au ete s[iy: Sf� �s!). >.��. —� Report No:, /-f �2 --- ru le T e• I = Infl enL E=Effluent,= ell = eai& 80=Soil.SIB Sludge Oth rs " vgA Sample Identification' Collection as � � � t, � � Gh � � � � � Q � PRESERVATION ANALYSIS REQUESTED � � d m 0 DATE TIME TEMP j �"'O(e C `� �e cq ) J G G 3 Sr c I� �G ✓ Fec�ta G C P G G C P G G C P G G C P G G C P G G C P G G C P G G NOTICE - DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 Ippm.or less in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: DatelThne Received By: DntelTtme 2. Temperature Wit n Received: I� K°L Accepted: --I/ Delivered By: � ✓'�p� Received By: Comments: Resample Requested: Date:. D-N-0 I Time:5�-& w- V Michael F. Easley, Governor r _o�oF WA7FROG William G. Ross Jr., Secretary North Carolina Department.of Environment and Natural Resources a -~c Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality November 28, 2001 CERTIFIED MAIL # 7001 0320 0003 0382 7891 RETURN RECEIPT REQUESTED Mr. James Bryan Peterson 7950 NC Highway I 1 Willard, NC 28478 Subject: Notice of Violation and Recommendation for Enforcement Peterson Farm 2 Facility Number. 31-332 Dupiin County Dear Mr. Peterson: This letter is being sent to notify James Bryan Peterson, who holds Certificate of Coverage AWS310332 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute l 43- 215.1, of violations of the General Permit. On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality performed an inspection of your animal operation and the animal waste management system serving this operation. During the inspection, Mr. Mathis observed the following: 1) Animal waste had discharged from the clean out pipes near the end of the hog houses. This is a violation of Condition II. I. of the General Permit which states "The collection, 'treahment, and storage facilities, and land application equipment and fields shall be maintained.at all times and properly operated." 2) The animal.waste that discharged from the clean out pipes discharged into a ditch. ' This is a violation of Condition I. I.•of the General Permit which states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system .to prevent the discharge of pollutants to surface waters, wetlands, or ditches." 3) It.appears ' that the discharge from the -clean out pipes:had.occurred for an extended period of time. You'indicated that the discharge mayhave been occurring.fona week before'it was discovered by your:farm helper. This is a violation of Condition III.'I. of the General Permit which states in part"An inspection of the waste collection, treatment, and storage structures and runoff' control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events." Wilmington Regional Office 127 Cardinal Drive Extension Phone: (910) 395-3900 Wilmington, NC 28405-3845 Fax: (910) 350-2004 Mr. James Bryan Peterson November 28, 2001 Page Two 4) You indicated that you had known of the discharge since October 13, 2001, but had not reported the discharge to the Wilmington Regional Office. This is a violation of Condition M. 6. of the General Permit which states in part "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge." Please submit a Plan of Action which addresses the above noted violations. 'The Plan of Action should include a list of any and all modifications that have been and will be implemented to correct the noted violations and prevent their recurrence along with a timetable for complefion of the modifications. The written Plan of Action must be submitted to this office within ten (10) days of,receipt of this notice.. 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 143-2153(a)(9). If you have an explanation for these violations that you wish to present, please submit your written response along with the Plan of Action. 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 these matters including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation Ronnie Kennedy, Duplin County Health Dept. Kraig Westerbeek, Murphy -Brown, LLC Patrick Fussell, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement unit W,ilmin on iles31=332 S:\WQSkAND4ALS\DUPLR4UOOIi31-332novrfe November 7, 2001 PLAN OF ACTION Peterson Farm #2 Facility No. 31-332 This Plan of Action is in reference to your inspection and findings of the Peterson Farm 42 on October l6, 2001. The discharge that occurred on October 6, 2001 was a result of apiece of lumber, at the time of construction of the hog houses, becoming lodged in the discharge pipe, causing a solids build- up around it, therefore causing waste to release out of the clean -out pipe. The following actions have been taken to correct and hopefully prevent this same type of accident from re -occurring. (1) The debris in the discharge pipe was removed and solids cleaned out allowing waste to flow directly to lagoon. Ponded waste behind hog houses was disked in and a fescue/rye grass seed mix was broadcast in this area for vegetative re -growth. (2) This facility will be monitored closely. A morning and an afternoon check of the discharge pipes and clean -outs will be done, and also daily checks around the hog houses. (3) General Permit notification requirements and the CAVAT assessment requirements will be followed (4) Technical Assistance will be provided for calibrating all irrigation equipment and determining proper flow rates. Please contact me at (910)285-3326 if you have any questions. Sincerely, James B. Peterson, - i{ st Jam• .}�� : It { y, !� y a M } J.S i, fir} ! I ` } Il r}\1 • y - 1 t � •. , 1 �I � f It !r t f# JJ � } I P f J J J \. 1 Y3.1 !: f I 1' IS ] ,•41�' I. , •J '� fJ .l7! is ' {'. [�Iy1-�.:�!t1�'.'��;�+r �� �, ,.yr "�}•yl7•o'.:`1 of .:I ';;, '�. � , ,. ' ^tr •'«,1;"�}�.�I L`�t,a a��,47 (: j�i,. ?y.y�{i �I, 1�,1, 1. " 77 I I, t, I'!�H I N, VA Ire` f, t Ir; j I 1 11• �.�W=^ ,��1., - . ` ;f 4 - %i ' -kN •o 1�A'� i'i. !'TL�:'��. .. . t�J''!..�t b I .',Ills°y.1� ,, ��- :I Animal waste discharge behind swine house at Peterson Farm 2. Note the solids on the ground. Peterson Farm 2, Facility # 31-332, October. 16,2001. _ 'SV `' AJ PIWN 2 '✓.-�'4.�'',. •. - r1�:� -�� '�Z.�i �._...R.� *1 !��� _-mil_ r` ::.. 14� •. �-g.r ��_-, �`,- :r;-ram a.. ,.-.:. _-.. r � h }`;�. ��•`• �" �� -�" _1yI�1 ",_r. �-t_"`�`-�-�^' _ �l .`.• �' .c �_"mil Jtr '7;\. -0 Animal waste discharge behind swine house at Peterson Farm 2. Note the solids on the ground and the surrounding area of dead vegetation. Peterson Farm 2, Facility # 31-332, October 16, 2001. . „� - _ ! •��? i � ..ham - 'oy..i I o�o� wAr,�-CO(L U T- Jul RQ� January 9, 2002 MR. JAMES B PETERSON_ 7950 NC HIGHWAY 11 WILLARD NC 28478 Michael F. Easley Governor William G. moss Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SUBJECT: Acknowledgment Receipt Letter Farm # 31-332 File # PC 02-002 Duplin County Dear Mr. Peterson: This letter is to acknowledge receipt of your check # 1295 in the amount of $4,015.15, received October 29, 2002. This payment satisfies in full the civil assessment in the amount of $4,015.15 levied against the Peterson Farm #2, and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, v5teve Lewis ��` Nan -Discharge Compliance & Enforcement SL:sw cc: W-iI ingWnTKe—gional�.Of�co Enforcement/Compliance Files # PC 02-002 Central Files NCDENR Customer Service: Malling 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 #i52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Atfmiative Action Employer 50% recycled / f 0% post -consumer paper http://h2o.enr state.nc. us MCI �I '4l o�oF wa xFROG _ - �f 0 �-'C Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources October 10, 2002 Alan W. Klimek, P.E. Director Division of Water Quality Mr. James Bryan Peterson CERTIFIED MAIL 7950 NC -Highway 11 RETURN RECEIPT REQUESTED Willard, NC 28478 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the Animal Waste General Permit Farm # 31-332 Duplin County File No. PC 02-002 Dear Mr. Peterson: This letter transmits notice of a civil penalty assessed against the Peterson Faun #2 in the amount of $4,015.15 which includes $415.15 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. PIease send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617, 1VCQENR Customer Service: Mailing Address. Telephone f919) 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 Rafeigh, NC 27699-1617 An Equal Opportunity /Alfimutive Action Employer 50% recycled / i0% post -consumer paper httpJ/h2o. enr. state-nc. us K 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 form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-2 8 2. 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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 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. Steve Lewis at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit JKW/scl ATTACHMENTS cc_NEick:SIEVer•, Wilmington Regional Supervisor w/ attachments Stonewall Mathis, WIRO w/ attachments File # PC 02-002 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DUPLIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWG100000 ) STIPULATION OF FACTS FILE NO. PC 02-002 Having been assessed civil penalties totaling $4,015.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 9 2002 , 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 , 2002. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF DUPLIN File No. PC 02-002 IN THE MATTER OF ) JAMES BRYAN PETERSON ) } FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF THE NON -DISCHARGE ) CIVIL PENALTIES GENERAL PERMIT AWG100000 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. James Bryan Peterson owns and operates Peterson Farm 2, a swine operation located along SR 1953 in Dupiin County. B. James Bryan Peterson was issued Certificate of Coverage AWS310332 under General Permit AWG100000 (the General Permit) for Peterson Farm 2 on January 26, 2001, effective January 26, 2001, with an expiration date of April 30, 2003. C. Condition No. I. 1. of the General Permit states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." D. Condition No. III. 1. of the General Permit states in part "An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events." E. Condition No. IIi. 6. b. of the General Permit states "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge_" F. DWQ staff inspected Peterson Farm 2 on October 16, 2001. Staff observed an accumulation of animal waste solids that had discharged from a cleanout pipe at the end of one of the swine houses. The waste was about four inches deep and extended approximately twenty feet from the outlet of the pipe. Staff also observed a thinner layer of waste extending out about another forty feet from the thicker layer. G. Staff followed the drainage path of the waste at least three hundred feet to a ditch. Waste solids were observed along the drainage path. Liquid animal waste was observed in the ditch. Staff observed dead vegetation along the length of the drainage path and in the area of solids accumulation near the swine house. H. Mr. Peterson stated to staff that his employee had discovered the discharge on October 6, 2001 and that the employee said that the discharge could not have been going on for more than a week before he found it. The employee informed Mr. Peterson about the discharge on October 13, 2001. Mr. Peterson stated that he had not tried to notify DWQ about the discharge. I. The costs to the State of the enforcement procedures in this matter totaled $415.15. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. James Bryan Peterson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required- by G.S. 143-215.1. C. James Bryan Peterson violated Condition No. 1. 1. of the General Permit by failing to effectively maintain and operate the animal waste collection, treatment, storage and application system as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. D_ James Bryan Peterson violated Condition No. III. 1. of the General Permit by failing to conduct inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation. E. James Bryan Peterson violated Condition No_ M. 6. of the General Permit by 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 any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge. F. James Bryan Peterson may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G_ The State's enforcement costs in this matter may be assessed against James Bryan Peterson pursuant to G.S. 143-215.3(a)(9) and G_S. 143B-282.1(b)(8). H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: James Bryan Peterson is hereby assessed a civil penalty of: for violating Condition No. I. 1. of Permit No. / AWG100000 by failing to effectively maintain and operate the animal waste collection, treatment, storage and application system as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches for violating Condition No. III. 1. of Permit No. AWG100000 by failing to conduct inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation for violating Condition No. 111. 6. of Permit No. AWG 100000 by 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 failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge lt $ 415.15 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(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. (D e) ent Wiggins, ActipoyoFervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality Nov-20-2002 09:25am From -TOWN OF kOREHEAD T-931 P-002/002 F-327 October 11, 2002 Mr. Rick Shiver, DWQ Wilmington Regional Office .1.7, :tea It was good to visit with you on Monday- I really appreciate your time. As we discussed, I hope that the opportunity for Morehead City to go forward with the SOC process is still available. I believe conditions and timing are right for Morehead City to go forward with the process. I look forward to hearing from you as to whether your agency agrem- I received your message on the status of the city's ganr for sewer rehab. I have already initiated the process to get the necessary information submitted to get the release of funds for that important project. For your informadon, I had a meeting with the city's Public Utilities Committee ar which I briefed council members and Utilities Director Joe Clayton on our meeting. The cornmiaee accepted my remmmendiation eonccrning my request that the SOC process be pursued to its completion. I hope this correspondence adequately addresses my request. 'Thanks again for a very prodx&e meeting. '�U� �rl prt7 L L_rY &-C h W A rE�pG Ua Mr. James Bryan Peterson 7950 NC Highway 11 Willard, NC 28478 Michael F. Easley Governor William G. Ross Jr.. Secretary Department of Environment and Natural Resources ---- --- Alan W. Klimek. P.E. Director Division of Water Quality October 10, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the Animal Waste General Permit Farm # 31-332 Duplin County File No. PC 02-002 Dear Mr. Peterson: This letter transmits notice of a civil penalty assessed against the Peterson Farm #2 in the amount of $4,015.15 which includes $415.15 in investigative costs- Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment - Please send payment to the attention of: Mr. Steve Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 /Alfm7ativeAction Employer 50% recycled / 10% post -consumer paper htfpl/h2o.enrstate. n, us Ka 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 form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B -2 82. 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 Lewis DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 i' 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 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 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. Steve Lewis -at (919) 733-5083, ext. 539 or Ms. Linda Fitzpatrick at (919) 733-5083, ext. 526. Sincerely, �v Kent Wiggins, Acting Supervisor Non -Discharge Compliance and Enforcement Unit JKW/scl ATTACHIVIENTS cc: Rick Shiver, Wilmington Regional Supervisor w/ attachments Zonew'all.lVlatiiis? WIRO w/ attachments File # PC 02-002 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DUPLIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNINISTRATIVE HEARING AND PERMIT NO. AWG100000 } STIPULATION OF FACTS FILE NO. PC 02-002 Having been assessed civil penalties totaling S4,015.15 _ for violation(s) as set forth in the assessment document of the Division of Water Quality dated, October 9 2002 , 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 , 2002. SIGNATURE ADDRESS TELEPHONE i STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL, RESOURCES COUNTY OF DUPLIN File No. PC 02-002 IN THE MATTER OF ) JAMES BRYAN PETERSON } FINDINGS AND DECISION FOR VIOLATIONS OF CONDITIONS ) AND ASSESSMENT OF OF THE NON -DISCHARGE ) CIVIL. PENALTIES GENERAL PERMIT AWG 100000 } Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. James Bryan Peterson owns and operates Peterson Farm 2, a swine operation located along SR 1953 in Duplin County. B. James Bryan Peterson was issued Certificate of Coverage AWS310332 under General Permit AWG100000 (the General Permit) for Peterson Farm 2 on January 26, 2001, effective January 26, 2001, with an expiration date of April 30, 2003. C. Condition No. I. 1. of the General Permit states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." D. Condition No. III. 1. of the General Permit states in part "An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events." E. Condition No. III. 6. b. of the General Permit states "The Perinittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal- system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge." F. DWQ staff inspected Peterson Farm 2 on October 16, 2001. Staff observed an accumulation of animal waste solids that had discharged from a cleanout pipe at the end of one of the swine houses. The waste was about four inches deep and extended approximately twenty feet from the outlet of the pipe. Staff also observed a thinner layer of waste extending out about another forty feet from the thicker layer. G. Staff followed the drainage path of the waste at least three hundred feet to a ditch. Waste solids were observed along the drainage path. Liquid animal waste was observed in the ditch. Staff observed dead vegetation along the length of the drainage path and in the area of solids accumulation near the swine house. H. Mr. Peterson stated to staff that his employee had discovered the discharge on October 6, 2001 and that the employee said that the discharge could not have been going on for more than a week before he found it. The employee informed Mr. Peterson about the discharge on October 13, 2001. Mr. Peterson stated that he had not tried to notify DWQ about the discharge. I. The costs to the State of the enforcement procedures in this matter totaled $415.15. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. James Bryan Peterson is a "person" within the meaning of G.S. 143-215_6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. James Bryan Peterson violated Condition No. I. 1. of the General Permit by failing to effectively maintain and operate the animal waste collection, treatment, storage and application system as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. D. James Bryan Peterson violated Condition No. III. 1. of the General Permit by failing to conduct inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation. E. James Bryan Peterson violated Condition No. III. 6. of the General Permit by 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 any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge_ F. James Bryan Peterson may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against James Bryan Peterson pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: James Bryan Peterson is hereby assessed a civil penalty of: for violating Condition No. I. 1. of Permit No. AWG100000 by failing to effectively maintain and operate the animal waste collection, treatment, storage and application system as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches S for violating Condition No. 111. 1. of Permit No. AWG100000 by failing to conduct inspection of the waste collection, treatment, and storage structures at a frequency to insure proper operation $ ry for violating Condition No. III. 6. of Permit No. AWG100000 by 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 failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge S 415.15 Enforcement costs S L D r �— TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) . The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (D ate) /.ent Wiggins, Acti rvisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality r NORTH CAROLINA ENVIRONMENTAL NLkNAGEMEN I' CONEMSSION DEPARTNTENT OF ENVIRONMENT AND NATURAL RESOURCES SlArINE WASTE OPERATION GENERAL PERNIIT This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certificates of Coverage (COC) under this per.Tiit shall comply with the following specified conditions and lirriitations: I. PERFORMANCE STANDARDS I. The animal 'waste co':lPction, trParLr_'=n:_; storage and, Pcrmitte:A under this -permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. Facilities which are in compliance with their CAWNIP and this permit, which unintentionally discharge as a result of a storm event treater :h. c. the 25-year, 24-hour storm. will not be considered to be in violation of this permit. 2. The CAWMP 'is hereby incorporated by reference into this general permit. New or expanding farms are required to be certified prior to the stocking of animals. The CAWNIP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions. A violation of the General Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These actions may include modifying the CAWMP, ' ceasing land application of waste, or removing animals from the farm- 3. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued. 4. A copy of .this General Permit, COC, certification forms, lessee and .landowner aareements,.and_the CAWNIP.shall be readily available at the'farm (stored at daces such as the "farm residence, office, outbuilding§, etc.) where animal waste management activities are being conducted for the life of this permit. These documents -shall be l:ept in good condition and records shall be maintained in an orderly fashion. - 5_ For all new .and expanding operations, no collection or storage facilities may be constructed in a 100-year-flood plain. Certificate of Coverage AWS310332 Peterson Farm 2 Page 2 Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal_ This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. 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 JR Joshi at (919) 733-5083 ext. 363. Y Sincerely, Kerr T. Stevens 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 . NDPU Files 6. Existing swine dry lots may remain in. wetlands as long as the wetlands uses are not removed or degraded as a result of the swine. The swine however may not be confined within 1.00 feet of an adjacent stream or a seasonally -flooded area_ The swine also must not cause a loss of more than 10% of the existing tree canopy. Where trees do not exist, the area must be managed to include crop rotation. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. 'The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. .?. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWW. No waste may .be applied upon fields not included in the CAWMP. 3. Lime must be applied, as needed, to maintain soil pH in the optimum range for crop production. ..; Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application_ �- 5. Application. of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fniit'bearing trees, followina breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on .conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the Iand_ This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharoed-into the animal waste collection, treatment, storage and :application .system_ Washdown of stock trailers, .owned by and used -to transport . animals to :and from this. farm only, will :be :permissible as long :as- the system- can:accommodate the additional volume. Only those detergents .and disinfectants that are I helpd by shP manafacnirer as readily biodegradable -may be utilized. 8. Disposal of dead .animals shall be done in accordance with the North Carolina Department of Agriculture .and Consumer Services (NCDACS) Veterinary Division's regulations. 1) 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shah be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embank-ments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must.have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment.. Equipment shall be capable of meeting permit condition H (4). III. MONITORING AND REPORTING REOUTREMENTS 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural. -repairs (to lagoons or waste storage ponds) must have writien� documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of -the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. ?. If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid Ievel at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam elevations. Where storage ponds are utilized, only a Gauge indicating the maximum liquid level at the top of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing; the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ. For level gauges already installed, the gauge shall have at -a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. Are' sentative Standard Soil Fertility Analysis, ir.,nluding pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the DWQ upon request. 4. An analysis of the animal waste shall be conducted as close to the time of application as przctical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen . Zinc Phosphorous Copper 5. Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the Permittee in chronological and legible farm for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readilyavailable for inspection. 6. Regional Notification: The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events - a. Failure of any component of the animal waste collection, treatment, storage and land :application system -resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the facility incapable of.adequately receiving, -treating or storing the animal waste andlor.sludge. c. .A spill or discharge from :a vehicle transporting animal waste.or sludge to'the land application field which results.in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak'm a lagoon/storage pond that poses an immediate -threat to -.the environment. 4 e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters. cy Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within S calendar days following first knowiedae of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem. and to ensure that the. problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. . INSPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable and appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must.be kept under the terms and conditions of this permit; and mdy'obtain samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GENERAL CONDITIONS The issuance of a COC under this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (01C) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWNIR At a minimum, maximum waste Ievel for lagoons/storage ponds_must .not exceed the -level that .provides .adequate storage to .contain the 25-yzar, :24-hour storm event plus an additional 1 foot of structural freeboard. in addition to the above requirements, for new and _expanding -farms with lagoon designs completed after September 1, 1996, storage must -also be provided for the h_eavy.rainfall factor for lagoons without an outside drainage area - In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24=hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest la;oon/storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. 5 �. Should the DWQ have good reason to believe that any activities conducted pursuant to this perrnit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not Iimited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all: applicable Environmental Management Commission requirements_ "Good Reason" may be based on the findings of a related Federal, State, 'Commission or DENR authorized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 5. Failure to abide by the conditions and limitations contained in this permit, the facility's ` CAWMP and/or any. COC issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General'Statutes and may include the requiiemant to obtain an individual non -discharge permit and/or the modification of the animal waste management system b. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or 'ordinances (local, state, and federal). 7. If animal production ceases, the Permittee shall close the Lagoons/storage ponds in accordance with Natural Resource Conservation. Service (NFCS) lagoon/storage pond closure standards or develop and implement an animal waste management plan in accordance with NRCS standards. Closure shall also include notifying the DWQ and subrnittal of -the Animal Waste Storage Pond and Lagoon CIosure Report Form to DWQ- Water Quality Section- Non --Discharge Branch within 15 days of completion of closure. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of the COC granting coverage under this General Permit. 9_ Failure of the Permittee to maintain, in full force -and effect, lessee and landowner .agreements which are required in the CAWMP, shall constitute grounds for revocation of the COC granting coverage under this General Permit. 10. This permit .allows for the distribution of manure up to 4 cubic yards per visit to individuals for.personal use. 9 " 11. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area If this facility was constructed prior to December 31, 1983, the -Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area.- An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes, This General Permit issued the ei¢hteenth day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ' ector Division of Water Quality By Authority of the Environmental Management Commission Swine Waste General Permit Number AWG100000 7 o f W A rE9 Michael F. Easley, Governor p William G. Ross Jr., Secretary `O G North Carolina Department of Environment and Natural Resources c Alan W. Klimek, P. E., Director Division of Water Quality May 1, 2003 James Bryan Peterson Peterson Farm 2 7950 NC Highway 11 Willard NC 28478 Subject:- Certificate of Coverage No. AWS310332 Peterson Farm 2 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear James Bryan Peterson: On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the Division of Water.Quality (Division) to extend the expiration date of the Swine Waste Operation General Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the expiration date to October 1, 2004. During the period of this extension the Division will be working with all interested parties on the development of a new version of the Non -Discharge General Permit. In accordance with your application received on January 22, 2003 and in accordance with the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to James Bryan Peterson, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supercedes and terminates your previous COC Number AWS310332 which expired on April 30, 2003. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Peterson Farm 2, located in Duplin County, with an animal capacity of no greater than an annual average of 2448 Feeder to Finish swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until October 1, 2004. 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. 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 under this permit convey any property rights in either real or personal property. AVM t MrN Non -Discharge Permitting Unit Internet http://h2o.enr.state.nc.us/ndpu 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919)715-6048 Customer Service Center Telephone 1-877-623-6748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper 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 NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Water Quality .Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502.. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Wilmington Regional Office, Water Quality Section Duplin County Health Department Duplin County Soil and Water Conservation District Permit File AWS310332 NDPU Files . y 4c ANIMAL WASTE UTILIZATION Pi►h Producer: JAMES PETERSON Location: 7950 NC HWY 11 WILLARD NC 28478 Telephone: Type Operation: Existing Feeder to Finish Swine Number of Animals: 2448.00 hogs (Design Capacity) STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation The waste from -your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually,. but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 �'ANIMAL WASTE UTILIZATION PLkN 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 2448 hogs x 1.9 tons waste/hogs/year = 4651.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x 2.3 lbs PAN/hogs/year = 5630.4 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 1, ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME 7173 1 AUB BC 4.7 235 Q 8. 33 1887.05 I +APR- O-A 7173 G I1 ISQ II y ` 10 18.03 1401.+SEP5APR 7173 2A FOA BC 5.1 0 I 1255 14.25 11083.75 +AP R- SEP 7173 2A SG 1 0 I 150. 14.25 ,212.5 +SEP-- APR 7173 BC 3.4 Q 12B JLNA I 1170 111.4811951.6 +APR- SEP 7173 2B SG 1 Q I 150 111.481574 +SEP- APR END _T z TOTAL 16110.4 Indicates that this field is being overseeded (i.e, interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods for nutrients. Waste appilcation may begin up to thirty(30) days prior to planting or green -up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations Page: 3 ANIMAL WASTE UTILIZATION PLAN may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. Page: 4 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC. AC USED ----- or ------ APPLY RESID. APPLIC METH N TIME END TOTAL10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods for nutrients. Waste application may begin up to thirty(30) days prior to planting or green -up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Page: 5 111 ANIMAL WASTE IITILIZATION PLAN ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BC SG HYBRID BERMUDAGRASS-CONTROLLED GRAZED SMALL GRAIN OVERSEEDED TONS AC 50 50 TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE _ACRES 23.76 LBS AW N USED 6110.4 0 0 23.76 6110.4 * BALANCE --4 8 0 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. ._ .. _.�. _ .... Page; 6 ANIMAL WASTE UTILIZATION PLAN *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 4528.E pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 15.096 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 36.2304 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 2501 depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 7 T ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. I Tract 1 Field 7173 1 7173 1 l 2A l 7173 l 2B l 7173 I I 7173 I -2A i 7173 I -2B l l I Soil Type FOA LNA 1 l Crop ( l BC I l BC BC SG I l SG l SG Application RatelApplic. Amount l (in/hr) l (inches) I .5 I I _ .50 *1.0 *1.0 *1 *1 *1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be stored Page: 8 ANIMAL WASTE UTILIZATION PLAN in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION Page: 9 C . . (' WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients.' 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is. danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when'the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 10 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 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 a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 11 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for -waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 12 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm:PETERSON 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 North Carolina Division of water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility Owner: JAMES PETERSON (Please print) Signature: 1Pl..Qwt!� _ Date: ]' } /p / Name of Manager (If different from owner) : Signature: n Name of Person Preparing Plan: Date: (Please print) JOHNNY L. LANIER Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address (Agency): PO BOX 219 KENANSVILLE NC 28349 Signature: Date- 2A/0 Page: 13 1..4A I:a,tAps &hf..& urwen1 r is • z Vvi k:lv r W d a 4- ra4urs ■_'_ •y� Y l�+r'J'Hrtr.�y d Nw9� Carolrai Memorandum TO: — North Carolina Gerilied Technical Specialises FROM: KIC State University Foraee Production Workcroup DATE: - July 13, 1998- SUBJECT: Crop Management Praclices for Select Forages Used in Waste Management Departrnans of Crop St:'epee' CcAr,ge al Agoicullurf, (Lill Ldi. Scrbrnccq Campus Box 762t1 [ialv,C14, NC 2769s-?i;%- 919 515 2617 919-515 79S9 (lax) The following is a four -page summary of suggestions for rraaagement practices for some forage crops uial Carl be used in w?-ite management plans. Thest suggestions are a result of discussions within the NC State Urni%;crsity Forage Production N orkgrouo, a group comprised Of NC State faculiy and NRCS agency personnel with expertise Nvith the crops. There are litnited documented research responses of some of these practices on the.rnany soils and environments where these crops are currently being grown. The Forage Production Workgroup has taken the available data and used the combined experiences and realistic estimates of key people to come up with suggestions that will allow farmers to incorporate f thesc crops .end practices -into waste management plans_ As data become available to substantiate or refute these: _:suggestions, the Forage Production Workgroup . wilt _.make appropriaie changes. ' Bermuda Overseeded With CereaiRye and Arin" t Ryegr sr ` C�nently two types of "ryeg ss" arc'beingf pled for wmter pverseeding in fields. used. foF`' animaf waste management. -Cereal is a - winter ann, ai smallgraiai that looks..sliiMar to wheat, barley and oats. Annual a rac _is a winter annual grass that looks much'll& tall fescue. Both of these grasses, when growing during the: winter on bermilda sod, can :have significant impact on subsequent berrnuda yields. In effect, the total yields tro>��az acre; ` = growing the combination of be.rmuda with these winter annuals will usually yield between,l'-2.:: . tons more per acre than Bermuda growing a]onc for the year. Therefore, the -total. amount off' PAN /acre for the year is about 1-00 lbs more than for bermuda alone. Although cereal ryc-and-. annual ryegrass are suitable crops for.overseeding, the management of the crops are different and thus practices implernented are dependent on the crop selected. 1C•:'K.'.r�!I17a%W1d QCpaMMCAI at Crop scionGe:q grWe Xv araa. eJ a :atAWO f N*IkW m : Culago of AQ:kvllurr and Ow Scia:w Campus So& 7620 rsaj6i ri. NC 276)b 76,0 - 919 515-26i7 . 91 v.515 79-9 (7aa) The cereal rye shr�uld b: pl:jrlted by Oc(oh�.:r i 3 to pn)vide thr. best oppu:tuntty Srowih. The most con_isient stands Lore oht:�ned ITom drilling rye into shon (lei than 3 inches 1A) herrr•ludagr :s sod. II' drilling is riot ptilssib;e. the seeds may he broAcast on short bermuda sod follo,,cd a liYhl cultivation u-•i.h a e1_:. or tii13 C implemerw The scx-jLeie rate for broadcast pl, n:irr of sheds should i-rc i.3 tunas the rate for drilled seeds. The fast application of animal waste is to be applied to the berrnuda prior to August 31. An application of 50 lbs/.--rc of Plant Avz 'lab!: `` (PAN) nljy bc: applied btiwcCn September l.5 and October 30. An addition l 50 lbs/acre of PA.N may be- applied in February -March. if r},e groµvth is hark'L:te;d or, ;im- and does not sign f'1can!Iv shade the bermuda, F.A1 rain, for the: subsequent b-_iTnud3 crap are based on rea_l:s6c yield; of berrnucfa. A harvest is rcquired Prior to heading or %pril 7, vv;uch ever comes first. This is necessary to minimize the poiential for shading bermuda and reducing its yields. The RAIN rate for grazed systems with bermuda overseeded vx•ith cereal rve must be reduced in accordance %with \"RCS Technical Sta..'•1da_,d # 9 . Annual Ryegrass Annual.ryegrass should be pLanted by October la to provide. the best opportunity to get winter growth. The most consistent studs are obtained from drilling ryegrass into short- (less than, 3 inches tall) bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the. rate for drilled seeds. • The last application of animal waste is to be applied to the bermuda prior to. August 31. An application of 50 Ibslacre of (PAN) -may be. applied between 5epcember 15 and -October 30_ An addi[ional 50 lbs/acrc of PAN may be applied in February -March_ : Tf .additional PAN is applied:to the ryegrass in April -May, the PAN rate for-the'.-bermuda mus'r be reduced by a co' spoitding amount: This is .necessary because: ryegrass- grow- [h` dtii"ing -.-April-May' will reduce bermuda yields and'shorten the tune bermuda can Lili atilize it e N. A naives[ is required by _heading -or April 7, which ever eorrles first to.'prevent shading -of emerging . bermuda during April -May period- To: =favor ' the production of * the bermuda, additional harvests of ryegrass will be required when the ryegrass canopy reaches 12 to 15 inches height. The PAN rate for grazed systems with bermuda overseeded _with annual ryegrass must be reduced in accordance with NRCS Technical Standard #590. e ,fY Vd•i.M, il{I Y C';ft': i11.-ti flF{.: t-1 �I Ilk jrr:(r.�c[Y of N%Nlh rYrrkw h.ezvern Gcmarra.ss Cdlegi 01 AQf-CUMUF0 tin I d. 3C14rC�,y Chrnws Ent 762C nbler'r. r•:C :'%e:9S•7[: 910..=Ek ,9'9.-lax) .111111cd t!ala arc a•_:€fblc on [rc. re.s onsc: of carr.3-r;iss to %,ariou,: ],-veil of N _ad ;oil typb in 1p;,r, C_;_rolin:: Hou°e+er. unt.J furihcr d3t;: is culiccWd. flit fullo••L'ing _Llldchnes may he u scd 1- On san_. tip-.Lred soils [13_t c w[l! dra)ri L'f 0.C•CsSI+'t.')v W-11" i1:G:.nca, vieid 5irrslar tc• %-brld hznnud_%!r3s; at sin'U'l3r PAN ratr.s. 2. On lexlurt.d soils [ha-. a_re roorly 1.0 SOM-•what poorly dr3:rcd, Ganla�,rass may yieid 1,3 .i urres niore [han hyb?]d berrrmuda G:Lrnagrass e'stabli;hes slowly end xill not usualkr produce much a.rv;2stahlc li-ragc: durin�E the cs[abilstinient It is bcsf to aJ' o++, th? groo-ih dur' L, the .sc.dling yea= to accumul3:t for most Or all sed_oa1; if it is to t~t ha; vested, it should be done after full seea',eed forniati0r, on a rrtrjoricy or- the plants. heretorc, P.A.N- for [he seedling eery should modified accordlrgly. OverSeedl ng aarnaQrass with winter :;nnuaJs is not cu-erlt!y ad%:ised because Ll' harves[ing or gra.7:ng m nagement of the +='inter Lruival crops during Fcbruarv-.�prii \would b_, detrimental to the sur+•ival of gamagrass. Gamaizrass should no[ normally be harvested or grazed below 6-8 inclies stubble. Application rates ;:re to be based on the realistic N rates that address the N.nt!,-,ds per.tor, of hay, a realistic yield and an appropriate application window. When harvested as stay in the 24- 36 inch stage of growth, the N rate ranges from 40-50 lbslton of dry =rter. The PAN rate for grazed system must be reduced in accordance with NRCS Technical Standard 1,4590. The appiicadOrt window for gamagrass is slightly earlier Lhari for bermuda;.gamagrass starts growing about 3-4 weeks earlier than Coastal bermudagrass and about 2-3 Weeks earlier than Tifton-44- Garnagrass is dormant frorn frost to March- The -last applicatior, of PAN in' the summer should be prior to August 3I. Rescuegrass (i.e. farua) Rescuegrass is a cool season grass and makes most of its. growth from Mareh-Junc and September -November. It should receive rust of its N during the September -October and late February through May months. Limited data a_,c available for realistic yields of rescuegrass on various soils and at various N levels in Nortlt Carolina. However, until further data is collected the following suggestions may be us--ful. 1. On sandy, well drained to excessively drained soils, rescuegrass may yield 1.5- 3 tirnrs fescue, assurning a uniform and dense stand of grass is present. 1.,'••:.Af.efa VC1. L.4u.•t•:r.16 :w.: i i parlrnen! al Crr,.. dAl d ti � L!•*^w-�i tll ffnflfCa OQrq • � , 1 '�� ` l'.ii0�4OlA�KuflLrrc 3flfl I Ifr iClwfk„G Carnrxes Hoy ij;:0 Herriph, NC 27.:95•; c,r O 9=45152Fi+7 O.S u.7959 j On tvi-i nr draInt.:c1 S�iils.field 7� 1 {t t snr.s a5 ntttc[i Can soil, wherL-. lir}ih ::re W:.11 acfapr.Ecd the vickjs c11'111d f?e 1 1 5 li:rr>> rt:t_rc• 11:an f� ccuc The above RY1 c:srirnztrec assume that _land rnmri'arrleej mstlir'a.l re.ced:nc cvery t�,lr. A:dlou It r[:SCUegr3S5 F5 . '"perer.`,:dF it does not nL;rrat irrr dense, sanslaciL.:•r-• stands unless It is allou•cd to resccd every v4a. Even under this n-una:,Crnertt it is 1il:i ilv ih::t dise-SZ ,:ill a I tCt-i one or inorc •-rok, -i by -Ln soa._ years Application rates arc to be based on the reali<::c N races that address tlrr_ P nczds per ton Ui h; a realistic yield and an appropIrate eppli::26ion v.•utdow. When harve-sted as hay. the- V rate is sintlla.r. to other cool season grassr-s :uch as fescue, raliGuto from 10-50 fhs/ton. Re-scuearass may also continue sorrtp— grov.'lh i,r: JUze7AuguS1 if rnoisiulC is available. Dung these o(l';ea;uns, rescue,,irass should not recere nttlrG tlta.n about 25 lbs N/acre/rnonth. Only apply 25 lbs N/acre bi June -August if the equivacent of i-inch of water can be appiicd at seat° rime.'if the crop does not respond with ai least a 1000 lbs of growrh %vith.i..n a 3-5 wCt:k period do not male anotfrer application until the plants hare. had the opportunity to use Ehe previous application. NCSU-MEMORANDUM PUMPING GUIDELINES PUMPING DATES FOR BERMUDA WHEN OVERSEEDED SMALLGRAIN USES HIGHER •THAN 50lbs N/AC RATE APRIL-AUGUST, 31 (ONLY ACCEPTABLE PUMPING TIMES) PUMPING DATES FOR SG(SMALLGRAIN) USING OVER 50lbs N/AC RATES (BERMUDA SHOULD BE LESS THAN -3in TALL PRIOR TO PLANTING) SMALLGRAIN CROP SHOULD BE PLANTED BY OCTORER,15 FIRST PUMPING [SEPTEMBER, 15 THRU OCTOBER, 30 i (APPLICATION AMOUNT NOT TO EXCEED 50lbsN/AC) SECOND PUMPING (FEBRUARY THRU M.ARCri, 31j (APPLICATIOR± AMOUNT NOT TO EXCEED 50lbsN/AC) CROP MUST BE HARVESTED PRIOR TO HEADING OR APRIL, 7 WriIC"ri EVER COMES FIRST —X-O—C.�1 L--C-ILJ- L�A- "G 5--.Cx 50( A- --2-0-130- H- -j ML- L-a t I C r-� 7 I-Uj_L;IT -0 M__. VC�l7P.T� O r-i`/-L5-71 6-^T-\V�C- La5 1S r - ���! �J.4T-L►�..��_LA����-�Lr�\lt.�—�SJ�r�I�L�-_-._5_n��T �-ta= - o,_0 D_6 57— cx ) ;:i �Y ANIMAL WASTE UTILIZATION PLi-04 Producer: Location: Telephone: Type Operation: Number of Animals: (Design Capacity) STORAGE STRUCTURE: APPLICATION METHOD: JAMES PETERSON 7950 NC HWY 11 WILLARD NC 28478 3 1 - 33 Z_ r TR Ke cc)' --,CA 11I-LIO) Existing Feeder to Finish Swine 2448.00 hogs Anaerobic Waste Treatment Lagoon Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop.to be grown and the nutrient content of'the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have.different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually,_but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 y ANIMAL WASTE UTILIZATION PL-kN S. Wind conditions should also be considered to avoid drift and downwind odor problems. Irk 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems . This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 2448 hogs x 1.9 tons waste/hogs/year = 4651.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x 2.3 lbs PAN/hogs/year = 5630.4 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------ APPLY RESID. APPLIC METH N TIME 7173 1 AUB BC 4.7 235 0 8.03 1887.05 I +APR- QMI!& 7173 I�1 �SG 11 150 10 18.03 1401.5 APR 7173 2A FOA BC 5.1 0 T 1255 14.25 110,93.7-5 +APR- SEP 7173 -2A SG 1 0 I 150 14.25 1212.5 +SEP- APR 7173 2B LNA BC 3.4 0 I 1170 111.4811951.6 +APR- SEP 7173 -211 SG 1 50 0 I I 111.481574 +SEP- APR - I TOTALJ6110.4 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods for nutrients. Waste appilcation may begin up to thirty(30) days prior to planting or green --up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations Page: 3 ANIMAL WASTE UTILIZATION PLAN may require farmers in some parts of fjorth Cazkolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. Page: 4 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL'TYPE & CLASS- CROP YIELD LBS. COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ---- or ------- APPLY RESID. APPLIC METH N TIME END TOTAL10 -- - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. + - Dates shown reflect optimum uptake periods -for nutrients. Waste application may begin up to thirty(30) days prior to planting or green -up of forages, and extend past optimum dates shown if plant growth, pumping conditions, and PAN loading rates permit. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to- nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small -grain, etc, -is to beremoved for hay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain.for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Page: 5 ANIMAL WASTE UTILIZATION PLAN ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BC SG HYBRID BERMUDAGRASS-CONTROLLED GRAZED SMALL GRAIN OVERSEEDED TONS AC 50 50• TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE _ACRES 23.76 LBS AW N USED .6110.4 0 0 23.76 6110.4 * BALANCE -480 *** This number must be less than or,equal to 0 in order to fully utilize the animal waste N produced. Page. 6 ANIMAL WASTE UTILIZATION PLAN *** This number must be less than or equal to 0 n'order to -fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be -nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 4528.8 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 15.096 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 36.2304 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 250-. depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the.nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 7 ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may`make th'il� plan invalid. The following table is provided as a guide for establishing application rates and amounts. I Tract I Field 7173 1 I 7173 12A 7173 12B 7173 I I --1 7173 I -2A I 7173 I I -2B I Soil Type AUB FOA LNA IApplication'RatelApplic. Amount Crop (in/hr) I (inches) ! I BC I .5 I *1 BC I .50 I *1.0 I SC I .60 I *1.0 SG I .5 I *1 I I SG I .5 I *1 I I I T --- I SG I .5 I *1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be stored Page: 8 ANIMAL WASTE UTILIZATION PLAN in your structure be within the 25 year 24'hour stbi�m storage or one foot of freeboard except in the event of the 25 year 24 hour'storm_ It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surfacd waters`,bf the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of.an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied -to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients.' 4. Animal waste shall be japplied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) S. 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 ti-lled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina', for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from .the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 10 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fal'l1,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 a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 11 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops, for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be ' monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 12 ANIMAL WASTE UTILIZATION PLAN n F WASTE UTILIZATION PLAN AGREEMENT Name 'of Farm: PETERSON 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 North Carolina Division of Water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility Owner: JAMES PETERSON (Please print) Signature: 7/�2� r 1P1O�+�/ Date: Name of Manager(If different from owner): Signature: Date: _ 7191-o1. �. n Name of Person Preparing Plan: (Please print) JOHNNY L . LANIER Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address (Agency): PO BOX 219 KENANSVILLE NC 28349 Signature: Date: Page: 13 -q-) CAWMP WETTABLE ACRE COMPUTATIONAL WORKSHEET TRAVELING IRRIGATION SYSTEM 1. Farm Number (Identification): Ray Cavenaugh Tract Number (Identification): 7173 2. Irrigation System Designation: XX Existing Irrigation System New or Expanded Irrigation System 3. Number of Travel Lanes: 3 Interior Lanes 6 Exterior Lanes 4. Wetted Diameter, Feet: 311' (From Field Data Sheet) 5. Spacing: I 186 Feet Overlap: 60 (as % of Wetted Diameter) 2a 182 Feet Overlap: 60 (as % of Wetted Diameter) 3a 182 Feet Overlap: 60 (as % of Wetted Diameter) 4a 182 Feet Overlap: 60 (as % of Wetted Diameter) lb 213 Feet Overlap: 60 (as % of Wetted Diameter) Ic 213 Feet Overlap: 60 (as % of Wetted Diameter) - 2b 174 Feet Overlap: 60 (as % of Wetted Diameter) 2c 174 Feet Overlap: 60 (as % of Wetted Diameter) 3b 179 Feet Overlap: 60 (as % of Wetted Diameter) 6. Hydrant Layout: XXX Single Lateral Hydrant Multiple Laterals/Hydrants Excessively Spaced Sprinklers/Hydrants 7. Read the irrigated area per sprinkler/travel pull for the given wetted diameter from the appropriate table and column.based on pattern, spacing, and sprinkler/travel lane location. Hydrants and Travel Lanes: Pull Number Acres at Start End Table and Column Acres in Mid -Section Acres at Stop End Table and Column Total Pull Acres la .44 EE60 (140 °) 2.50 .00 EE60 (C) 2.94 2a .37 EI60 (140°) 2.47 .00 EI60 (C) 2.84 3a .37 EI60 (140°) 1.30 .00 EI60 (C) 1.67 4a .23 EE60 (75°) 0.35 .00 EE60 (C) 0.58 lb .28 E90+ (900) 1.84 .00 E90+ (C) 2.12 lc .33 E90+ 105° 4.28 .00 E90+ (C) 4.61 2b .35 EE90+ 90° 1.78 .00 EE90+ (C) 2.13 2c .36 EI60 (105°) 3.93 .00 E160 (C) 4.29 3b .33 EE60 (105°) 2.25 .00 EE60 (C) 2.58 TOTAL WETTED ACRES 23.8 auo®ittea ay: afar mareaay, L erunea i ecnntcat apeciaiist, w uri wA Duplin County Cooperative Extension December 13, 1999 Technical Specialist Signature: Date: December 13, 1999 Farm Owner/Manager Signature: Date: December 13, 1999 f. irlri CiletA f IJX„ Ur. v aty a • ,w }� Its U, m cy ar F1o,Q, catolrfi r I Memorandum TO: — North Carolina Certified Technical Specialists FROM: NIC State University Forage Production Workcroup ❑ATE:. July 13, 1998- SUBJECT:. Crop Management Practices for Select Forages Used in Waste Manaaement Depanrnont of crop c006gO d AgrICUllufc, 47,11 b1c, CCjnr,CiC Campus Box Z620 1`10leegla, NC 2769!j�71:iy 919S15-647 919.1,15 79sy (faz) The following is a four -page summary of suggestions for management practices for some forage crops that can be used in waste management plans. 'IThes_� suggestions are a result of discussions within the NC State University Forage Production Nt'orkgroup, a group comprised of'NC State faculty and NRCS agency personnel with expertise with the crops. There are limited documented research responses of some of t}u:se practices on the.many soils and environments where these crops are currently being grown. The Forage Production Workgroup has taken the available data and used the combined experiences and realistic estimates of key people to. come up with suggestions that will alloy fanners to incorporate Y these crops .and practices 'iato waste management plans_ As data become available to substantiate or refute these:__suggestions, [he Forage Production VVorkgroup..will ;make - appropriate changes.': Bermuda Overseeded With Cereal Rye'and Ani uat .Ryegrass C�xrren[ly two types of "ryegiass"-are'bciiigf used fo' Winier civersee'ding in fields_=used=for animal- waste management. -Cereai rye is a, winter anntial smallgrain that looks..similar to wheat, barley and oats. Annual er�ara$S-is a winter annual grass that looks mucli :ice fescue. Both of these grasses,. when growing during the winter on bermada sod .can =have significant impact on subsequent berrnuda yields. In effect, the total yields trbm 'aii acre: growing the combination of bermuda with these winter annttals will usually yield between" 1-2_ tons rriore per acre than bermuda growing atone for the year.• Therefore, the Moral d:=unt of PAN /acre for the year is about 1.00 Ibs more than for bermuda alone. Although cetea.I rye arid- annual ryegrass are suitable crops for.overseeding, the management of the crops arc different and thus practices implemented are dependent on the crop selected. ek,na �.1 ►� Z.G. �W:�r.�lr he rlA M 11, t."1 Gf.,t, i lh7R1; COM /W 0cpartmenl ci Crop Scioncc Caridge of AgNCIlxrre and LA. scion,, C&npui Hoy :d:o S&ja1Qi1, Nc ii6]b 7620 . 919 sis.2&0 91 u.5 is 79:0 [•EU) The cereal rye shou Id i:} planted by Octoh-r 15 to Provide the best ap . tc n:1}' growth. The moat c6nsisierrt stands are. obia ped horn drilling rye into st 1�n �le�. than 3 inches tall) herrrludagr-.; s scud, ll' drillling is riot the seeds may be- broAcast on shon bermuda sod followed a iii)ht cultivation wi,h a e1;:. or tillage implement. These:ilirir* rate for broadcast plan;trir of sheds should N-, i .5 tbhT -s the rate for drilled seeds. The last application of animaI waste IS to be appbcj to the bermuda prior to .august An application of 50 lbs/aarc of Plant Avai)ablk N (PAN, may be applied bcLwcmen September 1.5 and October 30. An additional 50 lbs/acre of PA_N rnav be applied in February -March. if rye grolwth is harv- -sted or1 ;M_, and does nor siondfican!ly shade the bermuda. P.-'uN rates for the subsequent bermuda crop are based on realistic yield, of bermuda. A harvest is required prior to heading or .? pri! 7, which e%,er comes. first. This is necessary to minimize the potential for shading bermuda and r;.ducing its yields. The rate for grazed systems with bermuda overseeded with cereal rye crust be reduced in accordance with \'RCS Technical S,a.ndard #590. Annual Ryegrass Annuatryegrass should be planted by October 15 to provide the best opportunity to get winter growth_ The most consistent stands are obtained from drilling ryegrass into ;hurt. (less than 3 inches tall) bermudagrass sod. If drilling is not possible, the seeds may be broadcast on short bermuda sod followed by a light cultivacion with a disc or tillage implement. The seeding rate for broadcast planting of seeds should be 1.5 times the rate for drilled seeds. ' The last application of animal waste is to be applied to the , bermuda prior to. August 31. An application of 50 lbs/acre of (PAN) -may be applied betweea�September 15 and -October 30. An addidona1.50 lbs/acre of PAN may be applied in February -March If .additioEi21 PAN is applied.to; the ryegrass in April -May, the PAN rate for the .bermuda must bi!.reduced by a corresponding amount: This is : necessary because_.ryegrass growlh .during..: April-I+�iay will reduce bermuda yields and shorten the .tune berenuda.can fully -_utilize the N. A harvest is required -by heading -or April 7, which ever come_ s . ftrsf to., prevent. sbading -of emerging bermuda during . April -May period. To==favor ' the' production ofthe bermuda, additional harvests of ryegrass will be required when the ryegrass canopy r_ e'aches: 12 to 15 inches height. The PAN rate for grazed systems with bermuda oVerseeded with annual ryegrass must be reduced in accordance with NRCS Technical Standard #590. ' ✓!h G=•-ititi. jl.: s..:.C::iy: ....�-. Jnpol'Utlr,-r5, t•; � )�� $ ��, ?I Ij* Crr:C>h of MpN1fyf0k.r Cofh4j c'd AQiw!uUUre atiril d. 3CrcrcEd Chrngu5 Por 7e2C nei-p-r. Nc '17n95.7(z _• 0IvS',52641 91u.5 8S9 ;irixt l:aitern Gamagrass I-WIiICt C!as::'arc 1.=s:,ble un 0,4:. res or?se of Gam3vmsr ici %,ariou.. I.-veis of \ -i-ad sill It'p-S in N'on h C:arolin:, Hou-ever. im l furthcr dat', is collected, llor ro11C�•.L-ing !Uulc:lEncs may 13" Uscd 1. On s.%nl_�p'• tee:ued Soils []lit a +,.'ell diain of cxcessi%-cl%- ilr2_ried. yieto sim�Ear !i hybrid hcrtnuda,'r3» at 5irttilar PAYrai.r.s, 2. On ha-2,•- temured calls th•ai 2rc -Norly to s.on%_-what poork- drasriicd, gamagr3ss may vieid 1 .5 3 071C-S More than tivbrid bermuda. Ga_magrass esiabli;hcs slowly and will not usuJ]v produce much harvzstable fOragc during ibc establisflrttent t,eaj-. It is besi io _Uo,-k' Lht growth durbiL,' the sccdhng yc; tC accumulatC: for most or a!1 seasc)n: if it is to b-2 harvested, it should be done afuer tull seed lead for,nano}i on a rn jority of the plants. Therefore, PAN for the seedling yea_, should a.: modified Accordingly. Overseeding garriagrass with winter ;annuals is not currzrlt',,: advised because tl-�,- bar.'tsting or gra7•in r management of the -.'inter arulual crops during i=tbruary-Aprii «':7Lld i;e detrimental to the sur.ival of gaingTrass. Gamagrass should not norrr>:ally be harvested or -raze d below 6-8 inclics stubble. Application rates are to be based on the realistic N rates that address the N. needs per.ton of hay, a realistic yield and an appropriate application window. When harvested as hay in the 24.- 36 inch stage of growth, the N rate ranges from 40-50 lbslton of dry matter. The PAN rate for grazed systems must be reduced in accordance with NRCS Technical Standard n590. The application window for gamaprass is slightly earlier than for bermuda, garnagrass starts growing about 3-4 weeks earlier than Coastal bermudagrass' and about 2-3 Weeks earlier than Tifton•44.-Gamagrass is dormant from frost to March- Thejast application of PAN . in' the summer should be prior to'August 31• ' Rescuegrass (i.e. Xforua) ; Rescuegrass is a cool season grass and makes most of its. growth from March-J'urie and September -November. It should receive roost of its N during the Septerber-October and, late February through May months. Limited data arc mailable for realistic yields of rescuegrass on various soils end at various N levels in North Carolina. However, until further data is, collected the following suggestions may be useful. On sandy, well drained to excessively drained soils, rescuegrass may yield 1.5- 3 times fescue, assurning a uniform and dense Stand of grass is preseat. :)4pnrwncw cil crr L14W_Ar rid 14-fUd CW0*-U ; 1k Crfiop d AgoicWure And I jj� Carnpus Hot 7C--0 Hdf.igh. NC 9 19 S 15 Z(A7 u i O.S i 5,795q t a.) rna)" y1eld 7-� . I C, i-mirs 24 much. as N_-wc. On xv(.1 or Po'")II). drained soils, icscuegras- hc vields ol' reScij..-gras: i Ila v lx% I -1 5 1 uil,_'S Oil soil.-, wherc eft are u-11 ddapi-,�:Cj I 111311 reccuc The above RYI.: cstiarate-s assume than Siand C_nsiiv Is rn;tjwawd 'Nrowgh nanii-al resCed-ri- every AlthouQh rcsCuegr2iss is a .1 ptrcr-..--tdF it does nc)i ni:;irit.luj dense. 5ati":1,3CIC-1-V Siands wiless it is allowcd to re sced tver,, Y fikeh, th-� Evi�n under ihi.� rru�na"Clndjlt L is 1 31 disease v; i I I a Cfcc i one or more _-ro %,,-r h s Ln so rF iz years ADpliCL-[Ion ralics are co be based on the reab-,:-'c N rates that address itic N. needs per Lon of h.a5-7 a re-alisuc vield and an arPropi-late applj,-_(ion u-bidow. Whez: haivestcd as hay. thr-- N rate Is similar to othcr cool season grasst!s ;uCh as fescue, raiiguiig from 40-50 lbs/lon. Rescue2fass may also contbiue sorrip- growth i:--. June-AUQLISE—if MOISILLI-C is available. DurLirto these of-f-Seasons, rescucgrass should not recci,-c more than about 25 lbs N/acre/month. 0rdy apply 25 lbs Nlacre- in June -August if the equivaienc or !-inch of waler can be appilcd at zihc- sarne rimc. 11 the crop does not respond with at least a 1000 lbs of growrh within a 3-5 wez;k period do not nuke anoutier application unril the plants have had the opportunity to use the prr-vious application. NCSU-MEMORANDUM PUMPING GUIDELINES PUMPING DATES FOR BERMUDA WHEN OVERSEEDED SMALLGRAIN USES HIGHER -THAN 50lbs N/AC RATE APRIL-AUGUST,31 (ONLY ACCEPTABLE PUMPING TIMES) PUMPING DATES FOR SG(SMALLGRAIN) USING OVER 50lbs N/AC RATES (BERMUDA SHOULD BE LESS THAN 3in TALL PRIOR TO PLANTING)' SMALLGRAIN CROP SHOULD BE PLANTED BY OCTOBER,15 FIRST PUMPING [SEPTEMBER,15 THRU OCTOBER,301 (APPLICATION AMOUNT NOT TO EXCEED 501bsN/AC) SECOND PUMPING [FEBRUARY THRU MARCH,311 (APPLICATION AMOUNT NOT TO EXCEED 50lbsN/AC) CROP MUST BE HARVESTED PRIOR TO HEADING OR APRIL,7 WHICH EVER COMES FIRST makco ea::ie; ee=n iriP. 011 F,L=_. N. hN A ZM LN: DL S: IN Ac ra_ toc mmnlm: len= wnirc and TiS�x IGH �-Ji�w cP�iu fa apen�• >7u�_=e: office:, pink Copy %says in veh;dt. L, A-ztn:y humane: officer srnas wisite 1 :KAV:L LOG crpy to Mo:ar : cr: Menaaemen:• 5. ld.z:•ar =ice: &'anapemen: hilis eatncy. FOR PERMANENTLY ASS;lGN=7 V H)CLFS 1 j A•aiea�e- 1 � � A`u nimu'i t .� ff t � � k- -----��,� t� Y�y ► r,c-. `�,-c—r, iti�.�_is��'_? Z � ! � � '' I i sI Nc- irsdvifvKe,nvst:iaie for Yei+iCie: I Aperoval P# I.asn-y i;e Pv'ror: _4 _ risitir Ni -r D7 n; l4Y�, 7� TRIP D't OFFFICSAi TRAV=L { S%RIVCR-S CERTIFICATION 0DDJ,4r.=?, MILEZ }tau• 4Rrtu nl Ftom� TO ( ' usoast o{ 7ri� (=%+Df v 'at2: VC D � --5s9Tscsyrt IN OUT 114 , j n OUT ( 17 ( CJ 0 L—j 0 I � U ITS W� DU l �'+� QV r-, ! �Y I I ''v, IN 'ci 2- A 1 3 } !n UZ E✓;�Q Yfhc� I w �' y`''u i!'s j IN I i�17, q Z OUT 1©1 I� D I v ; .� 1.J j !`�vT '' rl9 ! -�� 27 t IN 1 I OAT IN 1 u � i I o- 7 , N (a ` I s IN 1 IN DO } l I U t vL'T I k I OUTIN I I ! Gt1i j I IfOU,� 1 fN i I I I Du, --- OJr I _ i Ito rtvMnLr P: 7 tl=[ 1 I7[7 VaV1 1 n s Z- L_i1 T:ipc Retain~_: ir.:Pj::•-. 1 � �� {y.' f!`• /� / � / / / rf i Animal waste discharge behind swine house at Peterson Faun 2. Note the area of dead vegetation between the swine house and the foreground of the photo. Peterson Farm 2, Facility # 31-332, October 16, 2001. • .- ram, �=. L'-� Animal waste discharge behind swine house at Peterson Farm 2. Note the area of dead vegetation between the swine house and the foreground of the photo. Peterson Farm 2, Facility # 31-332, October 16, 2001. --• � " Tom` d ti vVJ✓ � � 4 i _ � L S D .T ,y r � , ��,,, `� ?' d s:,�^�.is. _ z - .r+• 4 i tom' -'1 �' s.a y .- r f'�-'� l-- �,., •^�` -� of __ f � - - ri� -��7. _-�' '" :*c4•.:C",^�` ii- �"_ �?'- `-'may - - - } '7•' a ^�' �� _—=�:-h-r �.-+�..-�`- - 'I`R - A ''m .. . -i. .�S': 4 yo'�j}rti� , 7'11•ir �Mi,�"ti F^`+""'yir}�•n r}� `i •. , .rji: a: h . • = r .�."r" . ,?=;�5'? a �.'' ;hI C 111 � } '. r .E • ` •rf !. r r f � "%9 r�i� r { s,f fil d h, t y` y 4 '4 tt ya -4 <cl fi• t�` °� �s- 67 t �r � i � � ; tier{ Mrf I r r e r § SCyY r ^7V} ra r se tat rr Cary,_' J �1 y�i• - \��' ' .t'»n ' '0!ti } ]t - �7: ,art ° x HtAII� ��i �r �� 'S rri- �j,•, � t b't - � } i , �,• ''� �. i �' < � b s�'z� � t i r<� �� � fit .�;t 4 ti7 t� r .`r'�.. M�`_. � •,.,f�L %.rL�i��.�yn A 4`7J,t°�..Up , �"�.'�±. ��t1'Sr!i'.t�ZKRI � !'TY''•• yh-_, �. ,.,. i X-vRI�t'' (tkT'+�4 1 . �.. i 1 n1iA• '"\'tr n � ..r '..wfF�':if .X, .�' i. •i. .. . �. 1 V r• 5.�%. ,.+ .c re , (. 1•'.MCAy : f{ 'A.°= sf`"Y' Yj'"S� t+` 'h F�gy3•rt• rt}a-� jj r .rµ Y -r rfrii}d. t.]�' ;t •5 !"t'f ( a ; S.' Q..J° , ki4 • }3 7F ,rz i FY �,yt wY r �� `'s 7 V ' S A N4� �„ �„ y�N}'�4' i f ' 7 {� � 7 � V.- f1,�, V�•1,•t!� / f € ! y��� r I ... 3'. L. �Yk?i8=•k,+'i- i2✓;<<.>�q.'F. r.P���.::"#h{irY...�1�?�'+`{�A^7.�^ %a"ti-.�%$�i'..;r�t': %d P Aof :7is nrx }��`i�✓%3 � r � i�a�y1 d: f4' � WAY ' �-1 =� = - _. - - . �._ :_�:'-•=�`�•1�'�-r'�?^.' ;,�'�-•�iA .:..cam.: Animal waste discharged into the ditch at this point The high ground is at the top of the photo and the photographer is standing in the ditch. Peterson Farm 2, Facility # 31-332, October 16, 2001. :Y,J ,r i -azt��f'Z�'' 1i,. 7ti,��'r :'i'',•'`''ryi..:^".• .�.:,..-••. �, •t,�' �� y ,r .•� .•^�'��,...��• ',. F'~ ., ''4 `.,� , ,Y t1 /+•�s,'Stic,sr�,r_rzi � t' ' .. `�,"• F.•��J /•,,'r`rti ' ff%.r/,'ss. .. tt. J`a` _rr^.;1. 5-.. \•.�flr ••ei S: •4ls''•,"'} � rf'•: �,,!•'r :,;, •i �• r .. �t .' ''.3 ��•'� _, h f F 's 1%i + •� �;r,.',�.:.5 �.11 'J FL-�•.r N It J�%�-:-..--^.--....��' tii.j—' rl, y' 'f � ✓�• ":' t t� ' �,' •,:�7�i.5,: , t.n4f. ,,� '� � � �--i x �-...a�-..�'•4-r`�. �J ll� », r ,t' f• J .E ' r 1 ',�S F' � it I„ !, ° ..•�� -- � ('• .7 �aAT _. `` '7.rn{ a,�`.��r�`Fr:ar,'�' i•� .r,. I'rr•v� -- 1:I! _r.l /, �- •s'rI I /.l'J l�.fL /'y'- b..k-i'„+fi �'+�' ��. -���� I K i T ar 4 kL 4V" , r4i, Photo taken near State Road 1953. Animal waste discharged from the swine house seen in the background of the photo and discharged into the ditch at the left of the photo which drains toward State Road 1953. Peterson Farm 2, Facility # 31-332, October 16, 2001. I i. l photo taken of the upstream side of the culvert at State Road 1953. Animal waste discharged into the ditch that drains to this location. This is an unnamed tributary to Island Creek, Class C Sw, waters of the State. Peterson Farm 2, Facility # 31-332, October 16, 2001. -: yS J. :r Y e �; R Photo taken of the downstream side of the culvert at State Road 1953. Animal waste discharged into the ditch that drains to this location. This is an unnamed tributary to Island Creek, Class C Sw, waters of the State. Sample Location 3. Peterson Farm 2, Facility 9 31-332, October 16, 2001. T. ill 1 1'1 � l + IAA �. I r� ~` �r ` n ___ --- — — — -- - - (A Ur , ,ri IFS z -• Jr 5 z z x z 5 a n a -�a 1 ll,03 1 6'ryry, c envirochem CONSULTING CHEI Z7s Tim ,A77N7, cYv- 5UB.JEC'- 5 r'�CSd`7IL.E Environmental Chemists, Inc. Wiimingion. North C_Miina _3405 h602 Windmill Way 410) 39=-0�_ (Lab) • ''910) .9=-4424 (Fam: E=�'am W @coi.com NCDEi`fR: DWQ t7RTiFTCATE �4. DLS LERiIFICATr #3; o Serer-Iber a, =10GO NGDENR-DWa Mike Willie 's L-..wv Hicks Araiyticcl L-Mbcrc;ory Sen4ces 910.330. 2004 i'eacl lir"orrn : or somples receive?: t` iondoy - Ti-ursday, norMaf Flours tis 5 rm 116.00e_ Mcr. - 7 hursday, cu'amide norrnd Flours 3LO.00er Fridcy, requiring wend, wOr}C Scturday ord Sunday = 3O.00ea 53rc_00ec ' 3OD-, for samples receive Wednesday - Friday Monday and Tuesday.18.COe r_�uirirg weekerlLi work • . 1 1mYI is - TKN S;�.COea Nitrate +'Nitrite 51cS.O0ea ; TO-c! P Csphours 818.00ea _ MOST all me--ais 5 B.OGea Mena. ty -51.5.00ec S20.00ec ZO • d tZt7b -Z6E QE6 Wau=�a..tL nu3 dtZ : Zp TO-oe-SnV ( ) I J.�,� . � fin.. Gj N o z 01 C) Y1 )I n In Tz- r\j F- � 0- JI. t3 j: 13 0 cl 0 n ci IK iil > F) 04 LN 7D V. Al n State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director James.Bryan Peterson Peterson Farm 2 7950 NC Highway 11 Willard NC 28478 Dear James Bryan Peterson: 4,NCDENR i i NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 26, 2001 Subject: Certificate of Coverage No. AWS310332 Peterson Farm 2 Swine Waste Collection, Treatment, Storage and Application System Duplin County In accordance with your Notification of Change of Ownership received on December 6, 2000, we are forwarding this Certificate of Coverage (COC) issued to James Bryan Peterson, 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 Peterson Farm 2, located in Duplin County, with an animal capacity of no greater than '2448 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management PIan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void Certificate of Coverage Number AWS310332 dated May 26, 1999, and shall be subject to the conditions and limitations as specified therein. 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. The facility's CAWMP meets all requirements -in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage Iisted in the Waste Utilization Plan. The owner should address this inconsistency as soon as possible. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5063 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper :.Address r Violatai S � � `::f'E-i�s�'.�'-E`c . • - - gin? ' �w•� .� s cen cii E_) t]Lc Ci?ll <ICl 1r r ss i � c:5p ' " '3tJ7��'YCSiT?r�Do,�c�%�� t�t3ot1 1 c�: Fetter (fie Contact: — _ �� � Peter— , -- 'Rcmissi6n Request r itsb�l� Ot3�. r � sa`�te ► rev - I l�l l t s , i f aE,�F�fy�s r _ %'. "�± i - — - _`L'� .IC.t: ti�'�JarJti�'r[•9T zr y Comments � f OF � Q Yd �T�Ri Michael F. Easley li ! ! t" i ' k i Govemor William G. Ross Jr., secretary >_ 1 l (j '?1�F11 Department of Environment and Natural Resources — LuU ! Gregory J_ Thorpe, Ph.D. f 1 i Division of Water Quality December 11, 2001 Certified Mail � � _ Return Receipt Requested Mr. Robert Urell Smithfield Foods Incorporated 200 Commerce Street Smithfield, Virginia 23430 Subject: Non -Compliant Swine Facilities Permit Number NCO078344 Bladen County Dear Mr. Urell: Your NPDES permit number NCO078344 issued June 1, 1999 for the Tarheel Division facility, special condition A(5) requires that the facility not purchase for processing any swine finished on a farm that has been finally assessed a Civil Penalty pursuant to General Stature 143-215.6A for discharging animal waste to surface waters or wetlands or overappiying waste. This prohibition shall remain in effect for twelve months from the date of receipt of this letter. The following farms have civil penalties finally assessed for discharging waste to waters of the state: Errol Quinn Farm Facility 31-101 Previously notified in January 13, 2001 letter 218 J.B. Stroud Rd. Magnolia, NC 28453 Langley Farm/Clover M Farms, Inc. Facility 33-24 Previously notified in February 23, 2001 letter PO Box.215 Sharpsburg, NC 27878 A. J- Huffman Facility 67-38 Previously notified in February 23, 2001 letter 612 Barbee Rd. Richlands, NC 28474 Pork Chop #1 Facility 31-425 Previously notified in February 23, 2001 letter PO Box 267 Willard, NC 28478 R. M. Hayes Farm TDM #9 Facility 51-34 Previously notified in June 5, 2001 letter '1646 Strickland Crossroad Road Four Oaks, NC 27524 Donald Loomis Facility 31-357 Previously notified in June 5, 2001 letter Blue Houses 230 Potters Hill Loop Rd. Pink Hill, NC 28572 A NCDEftiR r Customer Service Division of Water Quality 1617 Mail Service Center Raleigh. NC 27699-1617 (919) 733-5083 1 800 623-7748 R" W A7 �'4Q Michael F. Easley �O G Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Division of Water Quality r Ronnie Hamilton Facility 43-8 Added Hamilton Bros. Farm 473 Hog Heaven Lane Dunn, NC 28334 John Hendrix. Facility 82-323 Added John Hendrix Farm 1585 Register Sutton Road Rose Hill, NC 28458 Joshua "Jody" Coombs Farm Facility 82-621 Added PO Box 612 Clinton, NC 28328 " Thompkenn Farm #1 Facility 82-19 Added PO Box 901 Warsaw, NC 28398 Thompkenn Farm #2 Facility 82-683 Added PO Box 901 Warsaw, NC 28398 Travis Register Farm Facility 82-303 Added PO Box 244 Turkey, NC 28393 Charles Wooten Facility 71-69 Added Bear Ridge Farm 2850 NC Highway 50 Maple Hill, NC.28454 James Bryan Peterson Facility 71-17 Added James B. Peterson Farm 7950 NC Highway 11 Willard, NC 28478 If you have any questions regarding this notification, please contact Steve Lewis with the Non -Discharge Compliance and Enforcement Unit at (919) 733-5083, ext. 539. Sincerely, Gregory J. Thorpe, Ph.D. cc: Gene Stallings, Smithfield Packing Non -Discharge Compliance and Enforcement Unit Iegional Office Fayetteville Regional Office Washington Regional Office Raleigh Regional Office Central files NPDES Permit File A MA NCDEN'R Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 1 800 623-7748 I� ItT' 3�n{r \jj[/��� J�{ 0 F F N ti% 9 Y Y ��']f` j�T+t 'r2�' ru ` ^� Postage-43 $ + �:J !emu % GTo 0 CeRified Fee � Return Receipe Fee 3 Pv m 0 0 (Edoraement Regwred] rw y t� Restricted Delivery Fee (Endars . Required) ZZ G� f�nlil -' rru Total Postage & F•es C3 ,�I Sent To n sliest AWr. NO.: - - --..,�-------..... C:3 or PO Box No. City, State. ZfP+4 --------'----••-----------• n COMPLETE•N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Pant clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ja AO Ag13 ent ■ Attach this card to the back of the mailpiece, or on the front if space permits. dressee iff from it i? ❑ Yes 1. Article Addressed to: r'd so....J f YES, enter delivery address below: ❑ No ja i e ,ve 3. Service Type J QCertified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number T (Transfer from service Labe, f 7-0 0.1t 0320 '� 0.003 _0 3 8 2- . 7 8 51, ,. PS Form 3811, March 2001 Domestic Retum Receipt 102595-01-M-1424 ,prate of North Carolina Department of Environment ► and Natural Resources Wilmington Regional Office NEchaeI F. Easley Jr., Governor Sherri Evans -Stanton, Acting Secretary Division of Water Quality Date: January I1, .2001 CERTIHMD ALUL 70001670 0005 7382 3838 RETURN RECEIPT REQUESTED Mr. James B. Peterson James B..Peterson Farm No. 71-17 7950 NC Highway I Willard, North Carolina 28478 &1WA•. .00 NCDENR . EwiRONMEmT ANo NALRAL REsouRCEs Subject: Notice of Violation & Recommendation for Enforcement James B. Peterson Farm No. 71-17 Certificate of Coverage No. AWS710017 General Permit No. AWG100000 Pender County Dear NIT: Peterson: This letter is to advise you, as owner and operator of the James B. Peterson Swine Farm No. 71-17, that you are in violation of North Carolina General Statute 143-215.1(a)(I) and Condition I.1 of General Permit AWG1000W for maldng an outlet to waters of the State. In, addition, you are in violation of Condition M.S of General Permit.AWGI00000 for failure to provide spray irrigation records during the investigation. A .site inspection was performed on January 8, 2001 by staff of the Wilmington Regional Office-of.the.Division of Water Quality. The inspection revealed that spray irrigation activities, performe&on January .7, 2001, had resulted in the discharge of swine waste.into an unnamed tributary of Cypress Creek'in the Cape Tear River.Basin. The unnamed tributary 'is classified :as C-Swamp waters of .the :State. Upstream and downstream samples were: taken in accordance with standard sampling -protocol and analyzed by .-a certified .laboratory for fecal coliform bacteria .concentrations. A visual aid 'is enclosed which depicts the monitoring 'locations ,and the flow path to Cypress Creek. The .sampling indicated th.at upstream sample 'locations -U1.and'U2 resulted in fecal conform bacteria concentrations. of 19 colonies/100ml .and downstream sample location D1 resulted in a fecal coliform bacteria result of 54,000 colonies/100ml. These :results are enclosed. Regional Office staff followed the unnamed tributary from the discharge point to the Cypress Creek Swamp. Swine waste was visually observed :flowing approximately 1200 .feet from the spray field. The Division's Regional Office staff estimated that _greater than 15,000 gallons was discharged due to hydraulically overloading the spray field. Mr. James B. Peterson January 11, 2001 Page Two Please be advised that civil penalties up to $25,000 per violation may be assessed in accordance with NCGS 143-215.6A(a)(2). In accordance with NCGS 143-215. 1OC(h)(1), ' you are required to issue a press release within 4$ hours of knowledge of the discharge to all print and electronic news media that provide coverage in the county where the discharge occurred. The owner or operator shall retain a copy of the press release and a list of news media to which it was distributed for at least one year after the discharge and shall provide a copy of the press release and list of news media to" which it was distributed to any person upon request. In addition, NCGS 143-215.10C(h)(2) requires the owner or operator to publish a notice of the discharge in a - newspaper having general circulation in the county in which the discharge occurred and. possibly adjacent downstream counties which receive adverse water quality effects caused by the discharge. The notice shall be captioned "Notice of Discharge of Animal Waste". Downstream water quality is not anticipated to be effected within New. Hanover County. Therefore, you should advertise within the Pender County area. The owner or operator shall file a copy of the notice and proof of publication with the Department (Mr. Rick Sliver, Division of Water Quality, 127 Cardinal Drive Extension, Wilmington, NC, 28405) within thirty (30) days after the notice is published. It is requested that you respond in writing .to this Office within ten (10) days following the receipt of this letter and provide details concerning the cause of discharge, the reason why records of the spray event were not available to DWQ staff, and corrective actions to be implemented to prevent future occurrences. '.T If you have questions concerning -this letter, you may contact either Mr. Jim Bushardt or.myself at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor J13:RS:PEiERSON.101 cc: Greer Moore NRCS District Office (Fender) Wiliri_ gton Office CentFiles (ENE) ral Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 An Equal Opportunity Afrkmative Action Employer FAX 910-350-2004 50% recyciemo%,post-consumer paper State of North Carolina Department of Environment ITF!WA and Natural Resources Division of Water Quality - • _ Wilmington Regional Officer Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENR Kerr T. Stevens, Director NpRTN C.AROUNA DEPARTMENT OF' EN%nRONMENT ^No NAYURAL RFsouRCE_s _ February 16, 2001 CERTIFIED MAIL' RETURN RECEIPT REQUESTED 7000 1670 0005 7375 5952 Mr. James B. Peterson 7950 NC Highway 11 Willard, North Carolina 28478- Subject: SHOW CAUSE MEETING Operator in Responsible Charge James B. Peterson Farm No. 71-17 Certificate of Coverage No. AWS710017 General Permit No. AWG100000 Pender County Dear Mr. -Peterson, A site inspection inspection, which was conducted at the subject facility on January 7, 2001, revealed problems that required -immediate attention. The E: inspection revealed that your spray .irrigation activities and record keeping are .not f= being performed as required. North Carolina General Statute 90A-41 and 90A- F' 47.5 provide for suspension or revocation of an operator's certificate or for a written reprimand to an operator of an animal waste facility. In .addition to revocation of a certificate, the Commission may levy a civil .penalty, not to exceed . one thousand dollars per violation, for willful violation of the requirements of the Part. The Water Pollution Control System Operators Certification Commission, in accordance with the procedure set forth :NCGS :1506, may take such action when it finds that the operator has practiced fraud or -deception; that reasonable care, judgement, or the application of his knowledge or -ability was not used in the performance of this duties; or that the .operator is incompetent or unable to perform is duties. You.are hereby requested to attend a meeting to be held at the Wilmington Regional Office bn March .2, 2001 at 10:00am. The purpose of this meeting is to give you the opportunity to explain -the operation and record keeping problems encountered at your facility.- Please feel free to bring any documentation that you may have indicating your operational practices at the subject facility. 127 C..L. l Dr. &i- VsLntugk.a N.ah Greys. 28405 TJ pb..� 910-395-3900 FAX 910-3502004 A. Eq.1 Opp.rkanly Afhrm uve Aajj EOpl.ye 50% myel.J/ioa p.d�.sreev er �P et-nec £- ?ete:son aaoe Two Please call upon receipt of this letter in order to inform of us of your willingness to comply with this request. Should you have any questions regarding this matter, please do not hesitate to contact either Pat Durrett, or me at (910)395-3900. PD: SAWQS1patlpetersonshow.doc Cc: g nMMr WiRD files Sincerely, Rick Shiver Water Quality Regional Supervisor Aa L"f Grp-i.ji • A4,i 'k-- Ach— i-]7Lanr 9103953900 FAT 910350-2004 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality • November 30, 2001 CERTIFIED MAIL 4 7001 0320 0003 0382 7877 RETURN RECEIPT REQUESTED Mr..James Bryan Peterson 7950 NC Highway 11 Willard, NC 28478 Subject: Notice of Violation ' James B. Peterson Farm Facility Number:' 71-17 Pender County Dear Mr. Peterson: This letter is being sent to notify James Peterson, who holds Certificate of Coverage AWS710017 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1, of violations of the General Permit. On October 19, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality performed an inspection of your animal operation and the animal waste management system serving this operation. During the inspection, Mr. Mathis observed the following: 1) Waste lagoon levels had'not been recorded weekly during the months of February, March, and April 2001. This is a violation of Condition III. E. of the General Permit which states in part "Waste lagoon and storage pond -levels shall be recorded weekly on forms supplied or approved by the DWQ." . 2) The land application fields are being grazed and the Certified Animal Waste Management Plan (CAWMP) requires that the fields be hayed. This is a violation of Condition I. U. of the General Permit which incorporates the CAWMP into the permit and states that any violation of the CAWMP shall be considered a violation of the general permit and subject to enforcement actions. 3) The field behind the hog houses needs to have the bermuda crop improved'in accordance with Conditions II. I and II. II. of the General Permit. Please submit a Plan of Action which addresses the above noted violations. The Plan of Action should include a list of any and all modifications that have been and will be implemented to correct the noted violations and prevent their recurrence along with a timetable for completion of the modifications. 'The written Plan of Action must be submitted to this office within ten (l 0) days of receipt of this notice. Wilmington Regional Office I27 Cardinal Drive Extension Phone: (9I0) 395-3900 Wilmington, NC 28405-3845 Fax. .(9I0) 350-2004 Mr. James Bryan Peterson November 30, 2001 Page Two Be advised that the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation - If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown, LLC Patrick Fussell, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 71-17, S:\WQS\ANMALS\PENDER\2001\71-17nov RECEIVED OCT 31 zEn ironmental Chemists, Inc. 6602 Windmill Way - Wilmington, North Carolina 28405 BY: (910) 392-0223 (Lab) - (910) 392-4424 (Fax) EchemWC-Baol.com CONSULTING CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Stonewall Mathis REPORT OF ANALYSIS Date Sampled: 10/16/01 Sampled By: Stonewall Mathis STREAM: Date of Report: Purchase Order #: Report Number: October 19, 2001 1-5694 Report To: Stonewall Mathis Sample ID 1 2 3 # 10964 # 10965 # 10966 Fecal Coliform, 260,000 400,000 10,900 (as received) colonies/g colonies1100 mL colonies/100mL Fecal Coliform, Colonies/g 1,250,000 (based on dry weight) Total Solids, % 20.8 Comments: Reviewed by: L2"' t- ��•v�e ; 5 !C711-1v i I - 0 c:h c 7m ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody NCDNRsDWQ CortMente ##94, nI8 CeMleest.037729 lip:. CO-/\) D ; ce' CAected By: Sf o n e � � 1 �_ _ (V+g ; S 6602 Wmdndil Way Wilmington, NC 29405 Phone: (910) 392-0223 Fox., (910) 392-4424 w le 'I' : I = Ing en a Effluent. -Well. T - trear& SO =Boll SI= Sludge O h r - v d dJe Sample Identification CUIl6Cti0n e a PRESERVATION ANALYs1s REQUESTED o DATE TYME TEMP vc to C G 2- � d C l�q�S e CO O G 3 icWns� C LX T7eCA G C P G G C P G G C P G G C P G G C P G G C P G G C P G G NQTICE - DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0,2ppm or less in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 1. 2. Temperature wh n Received: N'(11 Accepted:�V_ Delivered By:_ ���Received By: ' Comments: Resample Requested: Date:. 0-1k-6 I Time: :/!� ►ti- BRORTANT NOTICE North Carolina Division of Water Quality (NCDWQ) is strictly enforcing EPA regulations for sample collection and preservation. Client Must Provide the Following Information I. SAMPLE IDENTIFICATION (Container Associated with mWested'testing) 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE COLLECTED 4. T DAE COLLECTED S. SAMPLE COLLECTOR 6. PRESERVATION (Including Temperature and pH) Temperature: Samples MUST be refrigerated or received on ice between 2 and 6 a 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. pH: A two (2) hour limit to chemically preserve samples bypH adjustment is allowed, except for metals samples reported to the Groundwater Section which trust be acidified at the time of collection. Caution These sample bottles may contain small amounts of acid or other corrosive and potentially harmU chemicals. Laboratories are required to add these chemicals for certain analyses in order to comply with EPA preservation requirements. Use extreme care when opening and handling the bottles. If any chemical should get on your skin or clothes flush liberally with water and seek medical attention. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiesulfate with acid in bottle before collecting samples as a violent reaction will occur. Dechiorinadng<Samples that Require Acid Preservation 1. Add 4-5 granules of thiosulfate to a bottle with no acid preservative (unpreserved BOD/TSS bottle). 2. After mixing to dissolve the thiosulfate, pour half of the sample into a bottle containing acid as a presavafive (AmmoniencN). 3. Then completely fill both bottles with fresh sample. The Laboratory will verify and document the above requested information. ref. NCAC 2H.0805 U (7)M. r "At any time 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 infraCdon(s). LThe notification must include a statement indicating corrective actions taken to prevent the problem For futuri samples. ref. NCAC 2R0805 a (7) fM." r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department.of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality November 28, 2001 CERTIFIED MAIL # 7001 0320 0003 0382 7891 RETURN RECEIPT REQUESTED Mr. James Bryan Peterson 7950 NC Highway I I Willard, NC 28478 Subject: Notice of Violation -and Recommendation for Enforcement Peterson Farm 2 Facility Number: 31-332 Duplin County Dear Mr. Peterson: This letter is being sent to notify James Bryan Peterson, who holds Certificate of Coverage AW S310332 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143- 215.1, of violations of the General Permit. On October 16, 2001, Mr. Stonewall Mathis of the Wilmington Regional Office of the Division of Water Quality performed an inspection of your animal operation and the animal waste management system serving this operation. During the inspection, Mr. Mathis observed the following: 1) Animal waste had discharged from the clean out pipes near the end of the hog houses. This is a violation of Condition 11. I. of the General Permit which states "The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated." 2) The animal.waste that discharged from the clean out pipes discharged into a -ditch.' This is a violation of Condition I.1. of the General Permit which states in part "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." 3) It appears that the discharge from the clean out pipes had occurred for an extended period of time. You indicated that the discharge may have been occurring for a week before it was discovered by your farm helper. This is a violation of Condition ID. I. of the General Permit which states in part "An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events." Wilmington Regional Office 127 Cardinal Drive Extension Phone: (910) 395-3900 Wilmington, NC 28405-3845 Fax: (910) 350-2004 Mr. James Bryan Peterson November 28, 2001 Page Two 4) You indicated that you had known of the discharge since October 13, 2001, but had not reported the discharge to the Wilmington Regional Office. This is a violation of Condition III. 6. of the General Permit which states in part "The Perm ittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any failure of the animal waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the animal waste and/or sludge." Please submit a Plan of Action which addresses the above noted violations. The Plan of Action should include a list of any and all modifications that have been and will be implemented to correct the noted violations and prevent their recurrence along with a timetable for complefion of the modifications. The written Plan of Action must be submitted to this office within ten (10) days of,receipt of this notice. 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). If you have an explanation for these violations that you wish to present, please submit your written response along with the -Plan of Action. 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 these matters including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, V-;L,,l C- V-- Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation Ronnie Kennedy, Duplin County Health Dept. Kraig Westerbeek, Murphy -Brown, LLC Patrick Fussell, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit mu les-3 --3--3 S:IWQSIANIMALSIDUPLIN12001131-332novrfe November 7, 2001 PLAN OF ACTION Peterson Farm #2 Facility No. 31-332 Dear Mr. Mathis, This Plan of Action is in reference to your inspection and findings of the Peterson Farm #2 on October 16, 2001. The discharge that occurred on October 6, 2001 was a result of a piece of lumber, at the time of construction of the hog houses, becoming lodged in the discharge pipe, causing a solids build- up around it, therefore causing waste to release out of the clean?out pipe. The following actions have been taken to correct and hopefully prevent this same type of accident from re -occurring. (1) The debris in the discharge pipe was removed and solids cleaned out allowing waste to flow directly to lagoon. Ponded waste behind hog houses was disked in and a fescudrye grass seed mix was broadcast in this area for vegetative re -growth. (2) This facility will be monitored closely. A morning and an afternoon check of the discharge pipes and clean -outs will be done, and also daily checks around the hog houses. (3) General Permit notification requirements and the CAWMP assessment requirements will be followed- (4) Technical Assistance will be provided for calibrating all irrigation equipment and determining proper flow rates. Please contact me at (910)285-3326 if you have any questions. Sincerely, V.-Ol 03:OOP Env iroc hem ■ C' To: C, G,.-)Mpony. From: # - pages tc Follow. 910 392 4424 P. 01 Environmental Chemists, Inc- 0002 Windmill Way Wilmington, Norrli,'—-orolina 2B4-05 910-392-0.223 phone 910.3-92-4-424 fax EchernW(Paol-com Message: Oci 6-01 03:01P Envivncham 910 392 4424 P_02 PIP" -- qq19 envirochem S`+M� CONSULTING Environmental Chemists, Inc. 6602 Windmill Way - Wilmington, Nonh Carolina 28405 (91()) 392-0223 (Lab) - (910) 392-4424 iFax1 Echem W C aol.coan CHEMISTS NCDENR: DWQ CERTIFICATE #94. DL5 CERTIFICATE #37729 Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Stonewall Mathis Date Sampled: Sampled By: REPORT OF ANALYSIS 10116/01 Stonewall Mathis STREAM: Sample ID Fecal Coliform, (as received) Fecal Coliform, Colonies/g (based on dry weight ) Total Solids, % Comments: Reviewed by: , } v� 1 # 10964 Date of Report: October 19, 2001 Purchase Order #.- Report Number: 1-5694 Report To: Stonewall Mathis 2 3 # 10965 # 10966 260,000 400,000 I 10,900 colonies/g colonies/100 mL eolonies/100niL M 0 a N of M 0 E 0 r 0 S. T. i W a rl 0 M 0 P4 0 f U 01 7envieni ENVIRONMENTAL CHEMISTS, MC 6602 Wiodndll way Wibmington, NC 28405 Sample Collection and Chain of Custody Pbmw: (910) 392-0223 /NCDlvn,Dw4 CwtUJ */Old, DUC tM=O MMO Fsx- (910) 392-4424 n ` l7 - �}' W_ Q LL , f';_= 4o r� I V ^ ! �T r , CG �mal�i W. B .- Sf8 eta l h' J N • Samde Tx2e4, I = Inialuen = EMBenIs W =IVeU. (ST = tre so -soil. SIPSludee Othen - uef Sample Identification Collection IS ; d PRESERVATION ANALYSES HEQU[STIED z p DATE TIME TEMP j 4(c C 1'�[ 1 9 EU G 3 SI lo`IL& rEceEI G C P G G C P G G C P G G C P G G C P G G C P G G C P G G NOTICE -- DECUffi NATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated LO.2-ppm or less in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: 1. Date/Time Received By: Date/Time 2. Temperature wh n Received: Accepted:_ Rejected: Resample Requested: Delivered By: n� V%o&, .. Received By: Date: 10-/" i Time: =l(o +,-- Comments: ct--23-01 08:54A Envirochem 910 392 4424 P.01 Environmental Chemists, Inc. a Wirnington. Vflr-rh Carol;,a _28—'C5- Echem`1'4�P aol.com Message: Date: To-. rorr:�-; 7 } C G ?ages "O roita�r. �--�- Oct -23-01 08 : 54A Env i vochem 910 392 4424 R _ 02 Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, Borth C;trolina-`1-i05 IS4 (910) 392-0223 (Lab 1 (910) 392-4 24 (Fax) I:chemW@ani.com CONSULTING CHEMISTS NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE 437729 Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext, Wilmington, NC 28405 Attn: Stonewall Mathis REPORT OF ANALYSIS Date Sampled: 10,116/01 Sampled By: Stonewall Mathis STREAM: Sample 1D 1 # 10964 Fecal Coliform 260,000 colonies/g Comments: Reviewed by: - Date of Report: October 19, 2001 Purchase Order #: Report Number: 1-5694 Report To: Stonewall Mathis 2 # 10965 400,000 colonies/100 ml. 3 # 10966 10,900 colonies/100m1_ M ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way G ® Wilmington, NC 28405 a Sam -pie Collection and Chain of Custodi Phone: (910) 392.0223 NCDNR:DWQ C"ii0cwtq 094, DIS C iLQ ats NTMV Fax: (910) 392-4424 n • L - ' �1 , l rM : n c �c r, Ain r ^h ! n : C E lta;il• emW� ol,cotob �,� Collected iiv: S+one -VcLL_ 'tr; s - - - _ Reaort No: /-5 G9 S It N N 0 E Q r U 0 •r i c W Q LO 0 0 1 _ M N t- +- Q • l 'f e• I= Will n E Elil n W= T =Sire tea• S u Ot u ef� Sample Identification Collectiong $ v $ g `' � � 8 I� PRESERVATION ANALYSIS REQUESTED 1 � � z 0 � DATE T 1ME TEMP I ��lc�fe C cc, G Z p�a� C I D C�+O� e c r? 1 i G 3 S E C !� `�(,rG ✓ �E c �� - t G C P G G C P G G C P G G C P G G G G C P G G Ll C P G G NOTICE — ECHLORINATION: Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 Pm or less In the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: DatelTime Received By: Date/Time t. 2. Temperature vvh n Received j f(, Accepted:�L/_ Delivered By:✓'�Received By: Comments: ected: Resample Requested: � Tw Date: i Time: ;Ila , ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: 3 - 3 3 �2- County: OPERATOR IN CHARGE-Lt" _ _'a�-�z- _ Home Mailing Address city Certificate # Work Phone State Zip(_ Social Security # -a 414-4 - 3 3_ _ Home Phone 6c!/G� ,q ks - 3 3 Signature_ Q ?rki�Date [slut 0_ , Mailing Add City State Zip 'Telephone# SignaturemahA o Date 1 D- Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 Plan Amendment to Include MWCC Chronic Rainfall Practices and Standards through March 31, 2000 1. If this facility can comply with its existing permit and CAWMP it must do so. 2. Temporary Addition bf New Sprayfields ('} (Check appropriate boxes.) A- _ acres of cropland: List crop types used:.--.-"-- [] B. acres of hardwood woodland @ 100 lbs PAN / acre added. [] C. acres of pine woodland added @ 60 lbs PAN / acre added. 3. Summer Perennial Grass (Check appropriate box.) [] A. Application window extended for 22,11 acres of perennial grass until first killing frost [] B. An additional 50 lbs of PAN applied to acres of perennial grass prior to killing frost. 4. PAN Application Increased for Small Grains & Winter Grasses to be harvested. (Check appropriate box.) [] A. PAN application increased up to 200 lbs per acre for acres of small grains or winter grasses to be harvested. [] B. PAN application increased up to 150 lbs per acre for acres of overseeded summer perennial included in 3. B. 5. Waste Analysis (Check appropriate box.) [] A_ Prior to December V, 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25-year 24 hour storm event. (Current waste analysis must be used after Dec, 1' .) [] B. Use current waste analysis to determine PAN. 6. Required -Maximum Nitrogen Utilization Measures for Small Grains and Winter Grasses. A. Use of higher seeding rates, B. -Timely harvest of forage to increase yield, and C. ' Irrigating during periods of warmer weather. 7. Re uired - Irrigation Management Techniques to Reduce Runoff and Ponding Potential. A. Malting frequent, light irrigation applications, and B. Not irrigating immediately before predicted rainfall. 8. The owner / manager is required to manage the movement of animals to and from the facility to minimize environmental impacts, ensure compliance with the facility's permit and amended CAWMP, and avoid discharge to surface waters. 9. Authorization to use the additional practices included in this amendment expires if a facility discharges to surface waters. Any discharge is a violation and may result in an enforcement action_ 10. The owner / operator is required to keep records of all waste applications. 11. This revision must include a map or sketch of new land application areas. Facility Number-3 1 -.3 3 1- R-C.,y a Ccs V e "0 v' fA� Facil' Owner / Manager Name (PPj 'T) Facility Owner / Mana2er SYenature Date 1 / I � `� re j/,'„ S 'car►-rt Facility NkIne V ii�M1 Ny L • V\ Technical Specialist Name (PRIINM Tec`hn�pecialist Signature Date, This document must be filed at the SWCD office and be attached to the faci ities CAWMP and be available for inspection at the facility. (*) New temporary sprayf elds must meet applicable buffer and setback requirements. Waste must not be applied to wetlands. 11/12/1999 r r-1 pope a .3 G roti Certified Fee l0 ��Uj� I Return Receipt Fee (EndorsementAequiradJ Q � 1 c I Here d Restricted Delivery Fee C3 (End— Req,,red) 2001 o 7bw Postage s yeas $ M SenfTo u7 Sfroaf, Apt. No.; Zror PO Bar No.' - C3 7�� �!C' - ----•---------------^---- — I] City, rg . ZI s 4 ` "Z IF ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: #y 2. Article Number {Transfer from service labs!) 7 sO 6 ' PS Form 3811, March 2001 ; Domestic Ret COMPLETEDELIVERY A. Received by ease print Clearly) B. Date of Delivery G ❑ Agent FYES, Addressee address different from item 1? ❑ Yes er delivery address below: ❑ Na 3. Service Type &eTrrl Fled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Y� ►°"% °. o y� 1,241 , im Receipt 1Q2595-01-M-142a� 0F 1fJ A7F�QG � r 0 Nii� -r July-23, 2001 Michael F. Easley Governor William G. Ross Jr., Secretary !North Carolina Department of Environment and Natural Resources CERTIFIED MAIL # 7000 1530 0001 0444 1961 RETURN RECEIPT REQUESTED Mr. James Bryan Peterson 7950 NC Hwy 11 Willard, NC 28478 Subject: Addition Information Request for Wettable Acres Determination Peterson Farm 2 Facility ##: 31-332 Duplin County Dear Mr. Peterson: Kerr T. Stevens, Director Division of Water Quality 1 am writing this letter to request additional information from you regarding the wettable acres determination for the referenced facility. On October 25, 2000, this office received a wettable acre computational worksheet which was completed by Ms. Star Maready and Mr. Ray Cavenaugh on May, 15, 2000. Please address the following: 1) Field parameters should have been measured such as pressure at the gun, wetted diameter, etc in connection with the wettable acres determination. Also, calculations should have been made using length, wetted diameters, are angles, etc to determine the wettable acres for each of the spray areas. Please provide copies of any and all records of measurements and calculations that were made with regards to the wettable acres determination for your facility. Please. include copies of any manufacturer's charts that were used. 2) Please provide a copy of a map showing the wettable acres for your facility. Specifically, the map should show each of the wetted areas drawn to scale. For instance, for travelers, the length of the pulls, wetted diameter, as well as arc angles should be shown. For solid set systems. -tile wetted diameter and arc angles should be shown. Please provide the scale to which the map is drawn. 3) Please provide a copy of the waste utilization plan for your facility written based on the wettable acres determination. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 395-3900 Fax: (910)350-2004 Mr. Jaynes Bryan Peterson - July 23, 2001 Page Two Please send the above requested information to this office within fifteen days of your receipt of this letter. You should contact Ms. Star Maready at 910-296-2143 for any assistance she may be able to provide in this matter. If you have any questions regarding this matter, please do not hesitate to contact me at 910-395-3900. Sincerely, Stonewall Mathis Environmental Engineer I cc: Star Maready, Duplin County Cooperative Extension Service Billy Houston; Duplin County Soil and Water Conservation DWQ Non -Discharge CompIiance/Enforcement Unit Wtl nn 1es,_aE3322 S:\WQS\ANIMALS\DUPLMOOI\31-332wetacr6sletter . .,�_ v.Sx- rfl` .�-x• r+ `�, y1.C'` r+ . `'i' - . 'a-�a[•' �tL"'cl e _ " _ + . ,r ., .. M Ct•� s o '4 br 4 .'FT - ,a [<ty- ? L $ 1 y.„� vie,. i.W. -y 1 : ,� sg�y, t ,:,; v y��.�� { t .fi�,"�9rRe' �. ai � it � -r, sw � s � ��`f � "� •. R s^.'�d.ai *.. c ��-�:. 1i+ t ' ,, k_ : - � 6 `.,�, �8sy . '' �'�n�ff1 .Wri �atskif �♦:r� �, l,eKVtt$�b� �A � rYa 1 �•7,.S�tis �. .� ;�x'Sc'Y�G 4s:.'. -4.�a q.. J'„�.f�����..��14�y�+-'k''' ��� ^+i ,,'p .-4p1 ,{. 1VOtlfiCatifoirWettable Aciee Deter'mi Onn-ifatlorlr�r x_�F" 'r Animal ,WasteYMaiiagement System r r z ; Page 2 . - r , f .) •y. . ` . _c•',f.�, . 1., . fry.= Category 2: ❑ Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal ' waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre 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 must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the foram is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, 1 .. Ken: T. Stevens cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File 43 ` At ' �. :,�' ''' r cry '�L'•`'� '�.# � . ' S,: " ,r ti s r � :•<n a�';Et,.�.ti .s F '.�a C�". 'Ti'..- _ e 1� '7 y-t".r zE �,,, - a.. �a x:� r 4: x ter. i-isl�r:`7 _� r ,•Y �_iy�`h ids,; s+�.�4-s,_. a > �.i^: y ..r E4 i h wf"',.;x i.ey r.'? :e+iro kle�+i ara',',we!..,.,,4y-..,uu ,�y.�[[�,4. `s i .: .c.w =4 •C• r. • E ) f i`Yi=i JirN.n ?.E��` [ t.�•� a � - Y Z t r e":? -i• • tti y'';_ a f,. `4i .l5 n� 1( -il V- .- f -� 1 �r •;fir -.i` M a ti '''x� �' s ', 'ry ii'� "-i3f�" - ° } - .-lr 'yr�.F L• l .y a s •- �' -- -� _�. ` i. ��vY�, }� � � � q - „r. .:��s .. :�.f'r _k.=, .x �yy' f 4t �' �-c✓� i� x h'��-�+ '-�' �t '-~'p t�l ��r � . v.? ✓- zaA�c }5�y�.-s.,. '3M 4 _ i2 r c`�i-1 t i x- 1 „'�'` 'tl,r t��'1 rMlrl i wli rY z �i - ry •`{ �rFlw-.r'`i ftir� i"..� "'�:` '+.y 1; - '> xr k _ Y , i9 Wettable Acres�Determination%rCert�ification _ �� _;_ Name of Facility Facility Number: -r •• Owner(s) Name Phone"No:' Mailing Address: By signing this form, the facility owner and Technical Specialist acknowledge the completion of the Wettable Acres Determination. All necessary Wettable Acre Determination Feld 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 documents, 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 and filed with the Soil and Water Conservation District prior to implementation. If any modifications to the existing irrigation system or any new irrigation equipment was required to adequately address the waste management needs of this facility, an Irrigation Specialist or Professional Engineer has certified the design and installation below. Owner Name: Owner Signature: Date: Technical Specialist Name: Technical Specialist Signature: Date: If assisted by an Irrigation Specialist or Professional Engineer please read and sign below: ft 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/PE Name: Irrigation Specialist/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 NVADC — 7/99 - ... .. C= q - ., �7} :i �. Yi : �� K. r-,rr .4. ;max : �y.. . - .r• , s' � f Yt,pt i 7 x•4 � .. �. r. -t aK � .. ..�i. ;°� 3f L' �1�' ?C � f• S: y u� ts,c!r° t Y. : _ Y' *'t -- 1 } � � .. � •cU e � �r'.a.-.,.> 'i, }, x .� 1, 4 � , t CAWW WETTABLE ACRE COMPUTATIONAL WORKS HEET . TRAVELING IRRIGATION,SYSTEM z 1. Farm Number (Identification): Ray Cavenaugh Tract Number (Identification):' 8201 2. Irrigation System Designation: XX Existing Irrigation System New or Expanded Irrigation System 3. Number of Travel banes: 2 Interior Lanes 6 Exterior Lanes 4. Wetted Diameter, Feet: 31 F (From Field Data Sheet) 5. Spacing: 3a 260 Feet Overlap: 80 (as % of Wetted Diameter) 3b 260 Feet Overlap: 80 (as % of Wetted Diameter) 4a 300 Feet Overlap: 80 (as % of Wetted Diameter) 4b 300 Feet Overlap: 80 (as % of Wetted Diameter) 5a 240 Feet Overlap: 75 (as % of Wetted Diameter) 5b 240 Feet Overlap: 75 (as % of Wetted Diameter) 6a Single Pull 6b Single Pull 6. Hydrant Layout: XXX Single Lateral Hydrant Multiple Laterals/Hydrants Excessively Spaced Sprinklers/Hydrants 7. Read the irrigated area per sprinkler/travel pull for the given wetted diameter from the appropriate table and column based on pattern, spacing, and sprinkler/travel lane location. Hydrants and Travel Lanes: Pull Number Acres at Start End Table and Column Acres in Mid -Section Acres at Stop End Table and Column Total Pull Acres 3a .823 EE80 (B) 6.23 .00 EE80 (E) 7.05 3b .823 EE80 (B) .906 .00 EE80 (E) 1.73 4a .783 EI80 (B) 6.42 .00 EI80 (E) 7.20 4b .783 EI80 (B) .736 .00 E180 (E) 1.52 5a .803 EE75 (B) 6.16 .00 EE75 (E) 6.96 5b .803 EE75 (B) 1.25 .00 EE75 (E) 2.05 6a .702 E90+ (B) 5.36 .00 E90+ (E) 6.06 6b .702 E90+ (B) 1.50 .00 E90+ (E) 2.20 TOTAL WETTED ACRES 34.8 auomitiea oy: star Mareauy, t-MILteu iCXLWIcai 3pectaust, WurIwry Duplin County Cooperative Extension May 15, 2000 Technical Specialist Signature: Date: May 15, 2000 Farm Owner/Manager Signature: Date: May 15, 2000 State of North Carolina Department of Environment and Natural ResourcesT; -� Division of Water Quality F>= R C 2 Z001 Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director January 26, 2001 James Bryan Peterson Peterson Farm 2 7950 NC Highway 11 Willard NC 28478 kffl�xm,A IT * NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESouRcEs Subject: Certificate of Coverage No. AWS310332 Peterson Farm 2 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear James Bryan Peterson: In accordance with your Notification of Change of Ownership received on December 6, 2000, we are forwarding this Certificate of Coverage (COC) issued to James Bryan Peterson, 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 Peterson Farm 2, located in Duplin County, with an animal capacity of no greater than 2448 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 Certificate of Coverage Number AWS310332 dated May 26, 1999, and shall be subject to the conditions and limitations as specified therein. 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. The facility's CAWMP meets all requirements in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization Plan. The owner should address this inconsistency as soon as possible. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-715-6048 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310332 Peterson Farm 2 Page 2 -Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. 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 JR Joshi at (919) 733-5083 ext. 363. Sincerely, Kerr T. Stevens 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 NDPU Files State of North Carolina Department of Environme CErVED i • • and Natural Resources OCT 112000 James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Ray B. Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28466 Dear Ray B. Cavenaugh: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 2000 Subject: Notification for Wettable Acre Determination Animal Waste Management System Stallings Farm Facility Number 31-332 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. Anevaluation by Stoney Mathis on 11/30/99 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 Stoney Mathis the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Stoney Mathis, at 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions please contact Stoney Mathis at (910) 395-3900. If within 90 days you are unable to provide Stoney Mathis with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System ` Page 2 a Category 2: ❑ Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste_ Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre 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 must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWO will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File Revised April20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number 3 1 - 33 Farm Name:-IS4- On -Site Representative:r''tia.-:CAvehAvL Inspector/Reviewer's Name: s. �aisr Date of site visit: I 30 /q D ate of most recent WUP: 12-12. Annual farm PAN deficit: pounds Operation is flagged for a wettable acre determination due to failure of Part A eligibility item(s) F1 F2 F3 F4 Operation not required to secure WA determination at this time based on exemption E1 E2 E3 E4 Operation pended for wettable acre determination based on P1 P2 P3 . Irrigation System(s) - circl: 1. hard -hose traveler; 2. center -pivot system; 3. linear -move system; 4. stationary sprinkler system ermanent 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 11, overrides Par [ exemption_) E1 Adequate inicatlon design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D2fD3 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 wetL=bie acres, is complete and sinned by a WUP. E4 75% rule exemption as verified in Part 111. (NOT E:75 % exemption cannot be applied to farms that fail the eligibility checklist in Part II. Complete eligibility checklist, Part 11- F1 F2 F3, before completing computational table in Part ll[). PART IL 75% Rule.Eligibliity Checklist and Documentation of WA Determination Requirements. WA Determination. required _because.operation fails une of the -eligibility - requirements listed below: F1 Lack .of zcTeaoe iwhicnTesultedinmvermnpiicatiomufw2sieweter_(PAN) on:sp«y. field (s):accgrdingZo�ciTn'sdasttwoVeaEszTimj g—=uon7ecoms.`. F2 Unc€ear,-illegible,--or lack of informationlmap_ F3 Obvious.,field-iimit2bors-(numerous ditches;:fOi ure1o:.deductTequired:.. _. butteriseth2ck-zcreagY;-or25%:ofioialurea❑eidentmedjn-rAWMRincludes : _ small ,-irregulariy-snaped f elds = fieids:lessthan-5acres-fortravelers-or.iessthan 2 acras-for.-stationary-sprinklers). F" WA determination required because CAWMP credits iEeld(s)'s acreage -in excess of 75% of the respective field's total acreage as noted in table it Par III. Revised Apn7 20, 1999 Facility Number '31 - 33 2- Part III. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE OF TOTAL CAWMP FIELD COMMENTS3 NUMBER NUM13ER1,2 IRRIGATION ACRES ACRES % I SYSTEM FIELD NUMBER' - hydrant, pull,zone, or:point numbers may be used in place of field numbers depending on CAWMP and type of irrigation system. If pulls, etc. cross-moreinan one field, inspectorireviewer, will have to combine fields to calculate 75% field by field determination for exemption; -otherwise operation will be subject to WA determination. FIELD NUMBER must be cleariy delineated on' Tna- COMMENTS' - back-up fields with CAWMP aciezge exceeding'75 % of its total_acres,2nd having Tecesved less than 50% of its annual PAN as documented in the farms s:previous-two years' (1997 & 1998) of irribauon-records, cannot sa-ve-as-the II �besole basis -for reauirino a WA Dc ioted in the-commentse--nonznd mustbe accessible by irrigaton-sVstern. Part IV. Pending WA Determinations - e �e�i�i�I� AC�e Lie-r�,In1�►t is cu..e��1� " /l<.. F� Plan Jacks Pre p.%rc Aceovd,� to iDejwe.r, F2 Plan Tevision'm2y:s2bsy75% rule based on adequate overfill PAN deficit and by adiusano all field acreaae�o below 75% use rate F3 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 Ray Cavenaugh Stallings Farm P.O. Box 7 l l Wallace NC 28455 Dear Ray Cavenaugh: NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-332 Duplin County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR], SLUR2, SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely Kerr T. Stevens, Director Division of Water Quality cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50°% recyded/10% post -consumer paper State -of North Carolina" Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Ray Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 Dear Ray Cavenaugh: 0 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 8, 1999 Subject: Conditional Approval Animal Waste Management System Facility Number 31-332 Duplin County Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 7, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of receipt of this Idler. Please be . advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 extension 571. Sincerely, AaVLr X. Sonya L. Avant Environmental Engineer cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment,_:: and Natural Resources Division of Water Quality AUG 2 1998 James B. Hunt, Jr., Governor BY: Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director August 21, 1998 CERTIFIED MAIL RETURNCEIPT REgUESTED y Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 Farm Number: 31 - 332 Dear Ray Cavenaugh. IT,Vk,?WA 00 -A4 21 !d MLI NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N/wURAL RESOURCES You are hereby notified that Stallings Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fail to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Pennitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call at (919)733-5083 extension or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. S' rely, 4 for A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycied/ 10% post -consumer paper PS Form 3806. Aaril teas RL $ `� op. o & m S C C ^ 0v s m m $ a ^—' g r1 mo- ZOO + W 1� o SENDER: I also wish to receive the 'a• complete items I endfar 2 for additional services. w •Complats items 3, 4a, and 4b. following services (for an a ■Print your name and address on the reverse of this form so that we can return this extra fee): ._ card to you. ■Attach this form to the front of the mallpieoe, or on the back it apace does not 1. ❑ Addressee's Address � Write'Refum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery om ■The Return Receipt win show to whom the article was delivered and the date delivered. I Consult postmaster for fee. h3. cle Addressed to: 4a. Article Number a 7. �3j ae 467 4b. Service T �P,�. o �+ Qy ❑ Registe/ rtiflec b q 7r ❑ Express Mail ❑ t red I ❑ Retum Oace� ft �Aer$rantfis� 7. Date of Delivery , 5. Received By: (Print Name) y 8. Addresse`e'& \-(QVy nested and /as is pai�J G I I 6. Signatu Addre or Agent) f a°. X m Ps Form 38W, December 19 102595-97-"179 Domestic Re�jm FIRceip 1 10 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 July 24, 1998 Certified Mail # Z 312 646 157 Return Rapt ReQuested Mr. Ray Cavenaugh Stallings Farm PO Box 711 Wallace, NC 28466 A4fo • NCDENR NORTH GROUNA DEPARTMENT OF ENVIRONMENT AND NAwuRAL PZSOIlRCE5 Subject: Routine Inspection Form Stallings Farm Facility Number: 31-332 Duplin County Dear Mr. Cavenaugh: Please find enclosed a copy of the routine inspection form for the Stallings Farm conducted on July 21, 1998. 1 was unable to leave a copy on site at the time of the inspection. If you have any questions, please contact me at (910) 395-3900. Sincerely, Brian L- Wrenn Environmental Specialist S: IWQSIBRIANWVWSCl31-332.LET W . �0 127 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 .r RECEIVED ANIMAL WASTE N4ANAGI .ENT PLAN CERTIFICATION s' R EXISTING FEEDLOTS �� t�i98 9 �t Please return the completed form to the Division of Environmental Management. a9 .(, address on the reverse side of this form. (FFC; 1 N u b _? _ _n;33 lelml lrlg Name of farm (Please print) : J Mailing Address: Phone No.: 91 D- QRS -& Rs I County (of .farm): Farm location: Latitude and Longitude: 77• SV 35" _,5-2� 35" (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.) : S WiRe- Design capacity (number of animals) : Average size of operation (12 month population avg.): a 48 Average acreage needed for land application of waste (acres) : a Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to I5A NCAC 6F .0005, 1 certify that the existing animal waste management system for the farm named above has an animal waste management plan that meets the operation and maintenance standards and specifications of the Division of Environmental Management and the USDA - Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001 - .0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25 - year, 24 - hour storm. When checked, see reverse side of fora BILLY t-1 HOUSTON DUPLIN S & W CONSER DISTRICT Name of Technical Specialist (Please Print): PO BOX 277 Affiliation (Agency): - KENANSVILLE NC 23349 Address (Agency): TELEPHONE 910-296-2120 owner/Manager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new aiii-mals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either directly through a man-made conveyance or through runoff from a storm event less severe that the 25-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. Name of LangOwner (P se Print): (f Ch Signature: / ate: p Name of ageV, if different from o,36&e(Please print): Signature: Date: Now A changa in land ownership require% nolifi"tirm or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer. DEM USE ONLY: ACE# ANIMAL WASTE UTILIZATION PLAN Producer: RAY CAVENAUGH Location: PO BOX 711 WALLACE NC 28466 Telephone: 910-285-6851 Type Operation: Existing Feeder to Finish Swine Number of Animals: 2448.00 hogs (Design Capacity) STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and,the-nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and .._available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 ANIMAL WASTE UTILIZATION PLAN 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 2448 hogs x 1.9 tons waste/hogs/year = 4651.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x 2.3 lbs PAN/hogs/year = 5630.4 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED --- or ------- APPLY RESID. APPLIC METH N TIME 7173 1 AUB BC 4.7 235 6.8 1598 I APR-SEP 7173 1-1 1 1SG 11 150 I 16.8 1340 APR 7173 2 BC 3.4 JLNA I I �170 1 14.9 1833 APR-SEP 7173 SG 1 1-2 1 I 150 1 14.9 1245 SEP-APR 7173 3 BC 5.1 5 IFOA I I 1255 1 11275 APR-SEP 7173 SG 1 5 1-3 1 I 151) 12-511 SEP-APR 7173 3 BC 3.4 5 JLNA I I 1170 1 1850 APR-SEP 7173 Y3 SG 1 5 I 150 1250 SEP-APR END I - TOTAL15641 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. Page: 3 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME END TOTAL 10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time, small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October.' Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. ** Acreage figures may exceed total acreage in fields due to - Page: 4 ANIMAL WASTE UTILIZATION PLAN overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BC SG HYBRID BERMUDAGRASS-CONTROLLED GRAZED SMALL GRAIN OVERSEEDED TONS AC 50 50 TABLE 1 TABLE 2 TOTAL TOTALS FROM TABLES I AND 2 WETTABLE _ACRES 21.7 LBS AW N USED 5641 0 0 21.7 5G41 * BALANCE -10.6 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Page: 5 ANIMAL WASTE UTILIZATION PLAN *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 4528.8 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 15.096 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 36.2304 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25o depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 6 ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate (in/hr) Applic. Amount (inches) 7173 1 AUB BC .5 *1 7173 2 LNA BC .60 *1.0 7173 3 FOA BC .50 *1.0 7173 3 LNA BC .60 *1.0 7173 "1 SG .5 *1 7173 '2 SG .5 *1 7173 `3 SG .5 *1 7173 '3 SG .5 *1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. Page: 7 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) r 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. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 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 a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be -fenced, as necessary, to protect the vegetation. vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 10 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 50 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 11 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility Owner: RAY CAVENAUGH (Please print) Signature: Date-. 12.1 F 191 Name of Manager (If different from owner): Signature: Date: Name of Person Preparing Plan: (please print)ANGIE B. QUINN Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address.. 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I- ,,.--,� I ,-T[ .:j: - T � . : '.-I I : -,- :-; ! : . . I .. .. - . . . '. I - - .� ; f , - i . � - � : I - i ' T , i . . I � . 4. 1 ��l . .1..., � � " � , I , . p �-i 1. : . il � - . . �;:: - : 1'. .. I T Iv, - .. -...r -. I. -.- - . . . : : ; , L4. I ; 7- I , I. .:: : LLL, t I � - --.. 1� -L-- . i i � - � L -L-,-,-,.]-,----,- ,:-!-:--;--. -- f f�', U�iled Slate9 ��1_y} o"', ment of �±-' Agriculture Sod Conservation Service OPERATOR: Please review the attached plan and specifications careful.1y. Retain this plan for your use and records. It is strongly recommended that you, Your contractor,.and Soil Conservation Service personnel are in agreement as to how the waste lagoon is to be constructed. The Soil Conservation Service personnel will meet with all concerned parties and walk over the site to explain all flags and markings. -It is important that everyone understand what is expected so that final construction meets plans and specification and the job can be certified' -for payment (if- cost -sharing is involved). The pad dimensions and grades are the best -estimate. -The SU.IIDER• or CONTRACTOR is RESPONSIBLE for final layout and design of the pads. The Soil Conservation Service personnel will assist in a limited capacity, as its major concern is the proper design and construction of the waste treatment lagoon. t The actual amount of material required for pads and'dam may vary from the estimates. The design will attempt to balance cuts and fills as close as possible. If addi.rionai material is required after construction is complete on the lagoon, the -contractor and owner will negotiate on the price and location of borrow area. NOTE: Design +Requirement: cu.-ft. = u.yds. Estimate of Excavation: cu.ft. = 10751.3 u.yds. Estimate of Pad S Dike: cu.ft. _ cu.yds. Ration Job Class S� q �1Z �^ Date Designed By Name Design Approval In Name 7 1 Z Date f t� MQ-0�4- '%3 ;►t;+�r,K�. JCS �ctsi��J r�ev� !'�1`"'� .SGS C�.D U R a�" �` cc,,e r+,,�.+.,� �6 c�e✓1 q a� .5W �n� '�el��./� �' tiu-� ���-` pl,e�iw�;4c aL,ch.,�� i t- `�-r3.�.},� .�..s ati..+�� tw �.w.�•12 `�-�,..�-- � � � �� t wN.� � n�` � r•6�,rbz�'' TAe Spa CanV of the Service is an agencyncy of me �ovantnent of Agnccltum I i / . . . / � Operator.- James Stallings County; Duplin Date03/0�/9� Dis,tance to nearest residence (other th,�kn owner): 100O.0 feet �4�*C �"��� 6^ �. STEADY STATE ilVE WEIGHT 0 sows (farrow to fi 1417 lb�. = 0 lbs 0 sows (farrow to feeder) x 522 lb�. = 0 lbs 2448 head <finishing omly) x 135 lbs. = 330480 lbs 0 snw� (farrow to wean> x 433 1b5. 0 head (wean to feedar) x 30 lbs' = 0 lbs TOTAL STEADY STATE LIVE WEIGHT (SSLW) = 330480 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 330480 lSSLW x Treatment Vol ume(CF)/lh- S3LW' Treatment Vol ume(CF)/l6' SSLW= 1 CF/lb- SSUg ' Volume = 330480 cubic feet 3. STORAGE VOLUME FOR SLUDCAE ACCUMULATION Volume = 0.0 cubic- feet .1t. TOTAL. DES ICON' VOLUMr- Inside top length 220.0 feet ; Inside top width 290.0 feet Top of dike at elevation 42.0 feet Freeboard 1.5 feet ; Side s]opes 2'5 : 1 (Inside lagoon) Total design l�goon liquid level at elevation 40.5 feet Bottom of lagoon elevation 29.5 feet Seasonal high water- table elevation 35.0 feet Total design vc/lume using prismoidal formula ' SS/END1 SS/END2 SS/SlDE1'SS/SIDE2 LENGTH WIDTH DEPTH 2.5 2.5 212'5 282'5 11.0 AREA OF TOP ` LENGTH * WIDTH = 212'5 28�.5 60031'3 (AREA OF TOP) AREA OF BOTTOM LENGTH * WIDTH = 157.5 227'5 35831.3 (AREA OF BOTTOM) ' AREA OF MIDSECTION LENGTH * WIDTH * 4 . 185'0 255'0 188700.0 (AREA OP'MIDSECTION * 4) CU. FT. = [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/6 60031.3 188700'0 35831'3 1.8 5' TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length * Width = 220.0 290.0 63800.0 square feet Buildings (roof and lot water) Length * Width = 0.0 0.0 0.0 square feet TOTAL DA 63800.0 square feet Design temporary storage period to be ' 180.days- 5A' Volume of waste produced Approximate daily production of manure in CF/LB SSLW 0'00106 Volume = 330480 Lbs. 5SLW 4 CF of Waste/Lb./Day * 180 days Volume = 80705 cubic feet ` 5B' Volumes of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0'0 gallons/day * 180 days storage/7'48 gallons per CF Volume = 0'0 cubic feet ' 5C. Volume of rainfall in excess of evaporation Use period of timewhen rainfall exceeds evaporation by Largest amount. -180 days excess rainfall = 7.0 inches Volume = 7.0 in * DA / 12 inches per foot Volume = 37216'7 cubic feet � 5D' Volume of 25 year - 24 hour storm Volume = 7.5 inches / 12 inches per foot * DA Volume = 39875'0 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 80705 cubic feet 5B' 0 cubic feet 5C. 37217 cubic feet 5D' 39875 cubic feet TOTAL 157797 cubic feet 6. SUMMARY Total required volume 483277 cubic feet Total design volume avail. 521698 cubic feet Min. req. treatment volume plus sludge accumulation 330480 cubic fF ` At elev. 37.1 feet ; Volume is 331570 cubic feet (end pumping) Total design volume less 25yr-24hr storm is 481823 cubic feet At elov. 39.3 feet ; Volume is 4802B0 cubic feet (start pumping) Seasonal high water tat/le elevation 35.0 feet 'NY 7. DESIGNED BY: ^6�+j" / APPROVED BY J]� DATE: DATE: ��-��-q2_ DATE: Any, /9�~ NOTE: SEE ATTACHED WASTE UTILIZATION PLAN " DPEf AT 1 ON AND MAINTENANCE PLAN ------------------------------- This lagoon is designed for waste treatment with minimum odor control. The time required for the planned fluid level to Lie reached may vary due to soil conditione, flushing operatierns, and the amount of -fresh water added to the system. Land application of waste water is recognized as an acceptable method of disposal. Nethod 7 of application include solid set, center pivot, guns, and traveling chin irrigation. Care should be taken when applying waste to prevent runoff from the +i sal d or damage to crops. The following items are to be carried out: 1. It is strongly recommended that the treatment lagoon ire .prg7 charged to 1/2 its capacity to prevent excessive odors during start-up. Pre --charging reduces the concentration of the i.ni ti-al, waste entering the lagoon thereby reducing odors. $olids should be 'T covered with e, f .l ue3nt at all t: i men. 2- The attached Waste Uti l i 7ati on plan shall be followed. This plan recommends sampling and testing of waste (see Attachment Y before land application. 1. Begin pump --out of the lagoon when fluid level reaches el ova-- tion 39.8 as marked by permanent markers. Stop pump -out when the fluid level reaches elevation 57. 1 or bef ore f l ui d depth i s lass than 6 feet deep (this pr-everrt% the loss of favorable bacteria) . 4. The recommended maximum amount to apply per irrigation is one (1. ) inch and the recommended maximum application rate is 0.4 inch per hour. ;. Keep vegetation on the embankment and areas adjacent to ttie lagoon mowed annually. Vegetation should be fertilized as needed to maintain a vigorous stand. 6, Repair any eroded areas or areas damaged by rodents and establish in vegetation. 7. All surface runoff is to be diverted from the lagoon to stable outlets. S. The Clean Water Act of 1977 prohibits the discharge of pollutants into waters of the United States. The Department of Environment, Health, and Natural Resources, Division of Environ- mental Management, has the responsibility for enforcing this law. SPECIFICATIONS FOR CONSTRUCTION OF WASTE TREATMENT LAGOONS Clearing: All trees and brush shall be removed from the construction area before any excavating or fill is started. Stumps will be removed within the area of the foundation of the embankment and fill areas and all excavated areas,. All stumps and roots exceeding one (1) inch in diameter shall be removed to A minimum depth of one (1) foot. Satisfactory disposition will be made iaf all. debris. The foundation area shall be loosened thoroughly before placement of embankment material. Cut-off Trench: --------------- A cut-off trench (when specified) shall be installed as shown in the plans. Construction: ------------- -Construction of excavated and earthfill areas shall be performed to the neat lines and grades as planned. Deviations from this will require prior approval of the SCS. earthfill shall not be placed in standing water- and r oason abl e compaction of they fills shall be performed by the construction equipment or cheeps -foot roller during placement The embankment of the lagoon shall be installed using the more impervious materials. Construction of fill heights shall include ten (10) percent for.sett1ement. To protect against seepage, when" areas of unsuitable material are encountered, they will need to be excavated -a minimum of one (1) foot beldw grade and back:filled and 6" ached;& th a suitable material (ie�-CL,SC,CH). Refer to the soils investigation i.nformatioh in the {glans for special considerations. Precautions should , be taken during construction to prevent excessive erosion and sedimentation. Vegetation:. All exposed embankment and other bare constructed areas shall be seeded to the planned type of vegetation as soon as possible after construction. SEEDING RECOMMENDATIONS ----------------------- AREA TO DE SEEDED: S.0 ACRES USE THE SEED MIXTURE INDICATED: 0 LBS. FESCUE-_ GRASS @ 60 LBS. /ACRE ( BEST SUITED ON CLAYEY OR WET SOIL_ CONDITIONS) SEEDING DATES: SEPTENBER 15 TO NOVEMBER To 0 LBS. ' PENSAC:OLA ' BAH I A GRASS @ 60 LBS./ACRE ( SEE FOOTNOTE NO. 1 ) SEEDING DATES: MARCH 15 TO jUNE 50 4 LBS. HULLED BERMUDA GRASS C G LBS./AC. (SUITED FOR MOST SOIL CONDITIONS) SEEDING DATES: APRIL I TO-3ULY 31 90 LBS. RYE GRAIN G 30 LBS. /ACRE (NURSERY FOR FESCUE) 0 LBS. RYE GRASS G 40 LBS./ACRE (TEMPORARY VEGETATION) SEEDING DATES: DECEMBER 1 TO MARCH 30 LBS. APPLY THE FOLLOWING: 3000 LBS. OF 10-10-10 FERTILIZER (1000 LBS./ACRE) 6 TONS OF DOLOMITIC LIME (2 TONS/ACRE) 300 DALES OF SMALL GRAIN STRAW (100 HALES/ACRE) ALL ;SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE ALL DISTURBED AREA IMMEDIATELY AFTER.EARTH MOVING IS COMPLETED. APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A 3 TO 4 INCH SMOOTH SEEDBED. APPLY SEED -AND FIRM SEEDBED WITH A CULT I PAC }.::EC; OR - a I M I LAR EQUIPMENT. APPLY MULCH; AND SECURE WITH A MULCH ANCHORING TOOL OR NETTING. 1. PENSACOLA BAHIAGRASS IS SLOWER TO ESTABLISH THAN COMMON BERMUDA GRASS. WHEN USING BAH I A . IT IS RECOMMENDED THAT 8 LBS./ACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL BAHIAGRASS IS ESTABLISHED. WASTE UTILIZATION FLAN -------------- Owners name --:James Stallings County: Dupl i n Mail Address Wallace, NC Type of production unit ----:Topping Type of waste facility ----- : Anaerobic Lagoon Your animal waste management facility has been designed for a given storage capacity. When the waste reaches the designed level, it must be land applied at a specified rate to prevent pollution of surface amend/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Taste should be �. analyzed before each application cycle'and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crap to be grown. Several factors are important in implementing your waste utilization plan in order- to maximize the fertilizer value -of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crap can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface waters. Wind conditions should also be considered to avoid drift and doynwi nd 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 not more than 30 days prior to pOnting. Injecting the waste or disking will conserve nutrients and raduc_e odor problems. The acres needed to apply the animal awaste is based on typical nutrient content for this type of facility. Acreage requirements may be more or less based on the waste analysis report from your waste management facility. The design of your waste management facility is based on the following: Amount of Waste Produced Per Year: 2448 animals X 1.9 tons waste/ani mal /yr= 4651 tons total waste Wage 22 Amount of Plant Available Nitrogen Produced Per Year-: 2448 animals 2.00 lbs. N/animal/year = 4896 lbs./yr• Available N' 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. Your facility is designed for 180 drays of storage. Therefore, it will need to be pumped every 6 months. Tract Field 8oi. 1 Crop Yield Lbs. N Acres Lbs. N Month to hlo. No. Type Code Per !-lc. Used Apply 7173 121 FoA 6 ':' Tons 4(=)0 . 0 1200 M 971- U'Q .-- 7173 1Cz FoA 6 7 Tons 400 0.9 3120 MAR--AUG 7173, 9 FoA 2 100 r Bu. 150 7.0 1050 MAR-JULY 7173S Ln 2 1Ot_Bu. 15o 2.0 304.5 MAR-JULY -/ 173 7 Ln 2 10) Br.t . 150 2.1 315 MAR-JULY 7173 6 Ln 22 1r?0 BU. 150 1.2 180 MAR--JULY 717:7 `� Ln �' l r.ri � Bit . 1 ti�c� 1.4 210 MAR-JUL_Y 717._ 4 Ln i i7r 8u . 15r? 1.6 240 MAR--J UL.Y 717;'--. 1 Ln 2 10 i Bu. 150 0. 9 1 ?5 MAC;-JULY 717.3 2 Ln 2 100 Bu. 1 50 1.4 214.95 MAR-JULY 717:� 1 OUB 2 1.t_}0 Bu. 150 e. 8 1315.5 MAR--JUI-Y Total W.r_r.2 _i4b5 Available Nitrogen 4896 Surplus Or Deficit -589 Crop codes: 1=Cereal grain;. 22=Corn; 3=Fescue; 4=Range Or. Bermuda :5=:Cont:rol Grazed Bermuda; 6=Hayl and Bermuda Narrative of Operation: Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per acre to apply and the irrigation application rate prior to applying waste. Prepared by:---r-a---------------- -- DJc-r-----=9 =9.2 Name Title Date Crane -erred in by: ---------------------- Producer Date (Copy/ to producer and copy to case file) U. S. Department'of Agrick je Soil Conservation Service HAZARD CLASSIFICATION DATA SHEET FOR DAMS NC-ENG-34 September 1980 File Code: 210 Landowner_. _ -,�ejm ej '.St. . County _ La Q); Community or Group No. MX- E Conservation Plan No. Estimated Depth of Water to Top -of Dam Ft. Length of Flood Pool Ft. Date of Field Hazard Investigation 3Sy/9 i Evaluation by :reach of flood plain downstream to the point of estimated minor effect .from sudden- dam failure. Est. Elev.:Est. Elevation Kind of :Improvements: of 'Breach Reach: Length: Width: Slope: Land Else. Improvements : Above ":Floodwater Above Flood Plain::. .:Flood Plain Ft:. Ft. % Ft. Ft. 2 . 3 . Describe potential for loss of life and damage to existing or probable future downstream improvements from a sudden breach •Now __ A T/002 -1'4- to I . At),ory . 1000E-- Trove Zriaroi_ GrPv _ Hazard Classification of'Dam (a, b, c) (see NEM-Part 520.21) a Dam Classification (I, II, III, IV, V) By 21 cT title Concurred -By name title NOTE: 1. Instructions on reverse side. 2. Attach additional sheets as needed. Date 3 - q -a z- Date SCS-ENG-538 U. S. DEPARTMENT Of AGRICULTURE Rev. 5-70 1� SOIL CONSERVATION SERVICE; r' SOIL INVESTIGATION TO DETERMINE SUITABILITY OF PROPOSED POND SITE See, 610--t- S •-Y So,js tin-OJ+�y4� Kok' FARMER'S NAME 1� • • • / . • s SHEET NO.•• vMY •• I ••s • I WORK UNIT CONSERVATIONIST KETCH OF ••• • •i I SHOWING WHERE BORINGS Locate rtierence Point Lvn center line of dGm and Iden tity an skelck MEMO ■■■■■■■■ ■■■■■■O■■■■■■' ■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■l ■■■■M,�■■■■■■®■■■■■ ■■■■Mir■■■■■■■■■■■■■■■■►■■■■■■ ■■■Mill■■ I�� ■■■M■� �0�1■ ■■■■MINES �l�M■■■■■■■►1M�1M■■■■ ■■■MCI■■■�i■■■■■■■OM■■�f■®■� ■■��■i■i■imi■i■[■■1■�■1■[■I■i■i■1■i■iei■1■[a[■ '���■I■ICZ7f �l■! I �f1�1■I■[■I■!■I■I■�■i■�■I■I■� 1�l�!!1■[■[!�I■!l�i�l ®1■[■i■[■I■1■I■I■[■i■f ■I■i■I■ �!�!1■1■1l�i■ ■�■I■ �l®I■1■I■ ■1■ ■I■ ■ ■1■I■[■1■ �e�■�[I�■I�[I■i��,�■�i■i■���[I■i i■I■[■��■I■I■�[■i■i■I■�■ ���!■I■I±s>i�l�l■�i■I■■��i■[O�ii 1■I■[■�■1■i■�■I■i■i■i■ '��I■1■#■ikl�l�■I■I■,�+:'�i■[■i■i■[■'i■I■I■f■I■I■f ■I■ ���'■[Ei■Ihr i■1■I■'�R!'�I■[■i■I■I■1■i■1■f■1■I■I■f� I■I"HERB AlINI■I■O■I■i■I®MEMI■I■ �mmI • • ` r: lu - - TOWN OF GREENEVERS ROUTE 2, BOX 331-E ROSE HILL NORTH CAROLINA 28458 TELEPHONE (919) 289-3078 MAYOR ALFRED DIXON February 4, 1992 Mr. Michael Sugg District Conservational P.O. Box 277 Kenansville, NC. 28349 Dear Sir'. Inresponse to your letter of January 10,1992, relating to the Zoning Jurisdictional Boundaries beyond the City Limits. The Town of Greenevers do not have a Zoning Jurisdictional .Boundarie.beyond the.City Limits If the Town, can be of Further service to you, please contact me. I am, Ethel T. Boney Town Clerk E-4 ti- - V -01 M IA , r;R, RV- rV "..fk r%j fill L. C nN%'. 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II .. _ _:�_....... �-•yam"/,�� .:P�..�;�QN ulld1 Je.o[ , Wa5�t- f )aw r".- Cjnr.l Ca-+, f WASTE UTILIZATION PLAN FOR Gary Cantrell Rt e. S Box 144—C Wallace NC ' _8466 December 6, 1993 Your animal waste L_ktilization plan has been specifically developed for- your 2446 FEEDER TO FINISH SWINE operation. The plan is based on the soil types, crops to be grown -,Wand -. method of application for your particular operation. The waste must be land applied at a specified rate to prevent polluticin Of surface and/or, gr--oundwater. The plant... nutrients in `-b-he" ' 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 and --An Dual soil tests are encouraged so that all plant nUtrients and lime can be balanced for realistic yield of the crops to he grown. Several facto-ra. are- import -ant in implementing your- eaGAyte utiIization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environ-- Mentally safe mar7ncr. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. The amount of available nitrogen for plant use is dependant on the method of application. Soil type is important due to different leaching potential and yield potential. Waste shall not be applied to land er--od i ng at greater than 5 tons per-- acre per year. Do not apply waste on saturated soils Or on land when the surface is frozen. Either of these conditions may result in -runoff to surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and reduce -"the potential for pollLttion, waste should be applied to a growing crop or- not rro-re than 30 days prior to planting. Soil incorporation of the waste will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste are based on typical nutrient content for this type of facility. Annual acreage requirements may be more or less depending on the specific waste analysis report for your facility at the time of irrigation. YOur' haste Utilization plan is based an the following: TABLE A. AMOUNT OF WASTE PRODUCED PER YEAR -------------------------------------------------------------------------- I NUMBER OF I 11-ONS WASTE PER I TONS WASTE 1 I ANIMALS I TYPE OF ANIMALS 1 1000 ANIMALS I PER YEAR I I-.------=---- I ------------------------------ I --------------- I------------ 1 E448 1 FEEDER TO FINISH 11900 1 4651.2 I ------------------------------------------------------------------------- TABLE B. SUMMARY OF CROPS BY FIELD I TRACT I FIELD I SOIL 1 ACRES 1 CROP ICROPCODEI I -------- I----------- 1 7173 I------- 1 1 1------- 1 AuB I ------- 1------------------------------- I 120.0 1 HYBRID DERMUDACRASS HAY I BH TABLE C. SUMMARY OF CROPS, YIELD, AND NUTRIENT REDUIREMENTS BY SOIL TYPE --------------------------------------------------------------------------------- I CROP 1SOILIYIELD] UNITS ITOTAL N1 *TOTAL P I *TOTAL K I I---------------------------- 1----[-----1-----I------- I ---------- I ----------I I HYBRID BERMUDAGRASS HAY 1AuB 16.0 (TONS 1300 10 1140 - 160 1 Total phosphate and potash aimounts should be confirmed with a soil test. TABLE D. WASTE MANAGEMENT BY FIELD ------------------------------------------------------------------------------ I 1 I CROPIWASTE APPLI TYPE [WASTE N I COMM NI MONTHS TO APPLY I I TRACT IFIELDI CODEI METHOD I WASTE I LEA/AC I LB/AC I ANIMAL WASTE I I------- 1 -__-- 1----- I---------- I-----_- 1-------- I----------- I ------_--------------_ I 17173 1 1 1 BH -[IRRIGATE ISWINE 1 300 1 0 1 APRIL TO OCT I The acres, crops, and application method shown ir, the preceding tables will accommodate approximately '608.6 animals of the type shown in Table A. If more commercial fertilizer is used than is shown in Table D, then additional acres of land will be needed. A 10 - 'h feet wide permane.nt grass filter, strip should be seeded along all ditches in fields that receive animal waste. The acres shown in Table S are the Usable acres in the field shown. Usable acres are the acres that must be able to receive animal waste. Duffer areas along ditches, houses, property lines, etc. have been subtracted from the total field acreages to arrive at the usable acres. The total acres shown on the attached map is needed for land application in order to have the proper buffer areas. A combination of land application equipment or irrigation equipment may be needed in order to pr-operly land apply waste to all parts of the fields listed. It is :he responsibility of the producer to acgUire whatever egUipment is needed to properly land apply the waste. ADDITIONAL COMMENTS, 11�1r. fan. ire I� .__wj ha�� �i,y��c�r� a"i.I41 .,able 1"0 anj13 �b ,.y _Cfa f�G(�__•_ Il �rvcl. f Jo:Ay�I ha-v b,-- fo.,f r e c c n rNZ .,'Jeol rAT¢ f , f ccer L! ayCe—v � �,� ,i v_ A3'a 4 level i repar•ed by : Tit I e i�sG 1 _ L o n c F_i r r e d in by: _ D a t e_�-_— �'r^ _ -1- - h U.S. OEPARTMENT OF AGRICuLTU RE t SCS - CPA - 16 SOIL CONSERVATIONSERVICE 2 -91 CONSERVATION PLAN MAP RaCavenaughOwner -Operator No-rth Caroiina County- Duplin State Date 7-22-97 Approximate acres Approximate scale Cooperating with Duplin Soil & Water Conservation District k Plan identification Photo number Assisted by Angie Quinn USDA Soil Conservation Service -;T! K 7, I 11,l- r`Y. .6z" - A4 7 to��p0 N- MW-63 , Z 4 Z I e -7 -A—. fir, i _M 4 6 N c,.D 7*.- r n T z -V .'". �-..-Ca. � � �' !� ' �.�1.�.�i�S,ir!.1.. , :si `�i .1�t 1 c�lriWti- - .y ! .. � il.. ._ ,rr•. J, 74, o t W � �;'k� �`_ y s � Y �'i IL ffiNT OF AGRICULTURE Page 1 of I ,SOURCES CONSERVATION SERVICE 02/03/98 ounty(Kenansville) Field Office 1910)296-2121 CONSERVATION PLAN Client: Cavenaugh, Ray B. Cavenaugh, Ray B. Assisted By: abg ------------------------------------------------------------------------------------------------------------------------------------ LAND UNITS I PLANNED I APPLIED 1 --- -------------- TRACT I FIELD J AMOUNT I MONTHI YEAR I AMOUNT I DATE I PLANNED CONSERVATION TREATMENT ------------------------------------------------------------------------------------------------------------------------------------ I i I I I I I Hog operation 7173 14 1 6.5AC1 I I I I Anaerobic waste treatment lagoon designed according to MRCS I I I I I I I standards stores and treats swine waste. All bare slopes are I I J I I I I vegetated and surface water is diverted from lagoon. I 7173 14 I I J 6.5acl I 04 1 I 1992 1 1 I I I CRITICAL AREA PLANTING I I I 1 1 I I On the steep eroding area noted on the conservation plan map 1 1 I 1 I 1 1 establish a perennial grass, legume, or legume -grass i I 1 I 1 I I mixture. I I I I I I I See Job Sheet Ill. I 7173 14 I ! 1 1.0nol I 02 1 I 1992 1 I I I I WASTE TREATMENT LAGOON 1 I 1 I I J J Construct animal waste treatment lagoon for the biological . I I I I I I 1 treatment of animal waste. Construct according to SCS I 1 I I J I 1 standards and specifications. ------------------------------------------------------------------------------------------------------------------------------------ I I I I I I I Pastureland 7173 11, 2, 3 1 29.6Ac1 I I I I Permanent grassland is used for swine waste application. I I 1 J 1 1 I Waste is applied at agronomic rates and within established I I I I I I J rules and regulations. Grassland is managed for optimum I I I I I 1 1 yields, other nutrients are over -applied- Wildlife habitat I I I 1 1 I J is moderate. I 7173 11 I I 1 8.8acl I 03 1 I 1997 1 I I 1 1 PASTURE AND HAY PLANTING 12 1 5.8acl 03 1 1996 1 5.8ac1D5/1D/19961 Disk and prepare firm seed bed, lime and fertilize according 13 1 15.0acl 03 1 1996 1 15.Oac105/10/19961 to a soil test and sprig with coastal bermuda at the rate of I I 1 I I 1 10 to 12 bushels per acre if set in rows or 25 bushels per I I I I 1 1 acre if broadcast. I I I I I I See Job Sheet 101. 1 7173 11 II 1 8.8acl I 03 1 1 1'997 J I I 8.8ac105/10/19961 Pasture and hayland management 12 1 5.Sac1 04 1 1996 1 5.6aC105/10/19961 These grassland field(s) will be managed for grazing and/or 13 1 15.Oacl 04 1 1996 I 15.Oac105/10/19961 haying. I 1 I I I J I See Job Sheet 102. 1 7173 11 1 1 .1 . ._ 8.8acl 1 03 1 1 1997 1 1 1 1 1 WASTE UTILIZATION 12 1 5.Bacl 06 1 1996 1 5.8ac1O5/10/19961 Utilize swine waste by pumping lagoon effluent on cropland or 13 1 15.Oacl 06 1 1996 1 15.OacJ05/10/19961 grassland. Waste should be analyzed for nutient content and I I 1 I 1 I I fields should be soil tested. Waste should be applied at a I I I I I 1 1 rate determined by the waste analysis and the soil test. I I 1 I I 1 J See Job Sheet 130. U.S. DEPARTMENT OF AGRICULTURE NATURL'AESdURCES CONSERVATION SERVICE SOIL MAP LEGEND Cavenaugh, Ray B. - Cavenaugh, Ray S, Map Soil name symbol AUB jAutryville loamy fine sand, 0 to 6 percent slopes FoA IForeston loamy fine sand, 0 to 2 percent slopes LnA ILeon sand, 0 to 2 percent slopes r PAGE 1 OF 1 02/3/98 NONTECHNICAL SOILS DESCRIPTION REPORT Cavenaugh, Ray B. - Cavenaugh, Ray B. Map Soil name and description Symbol AuB Autryville loamy fine sand, 0 to 6 percent slopes { These nearly level to gently sloping, very deep, well drained soils are on uplands. They formed in loamy marine sediments- The surface and subsurface layers are sandy and range from 20 to 40 inches thick. The subsoil is loamy. Permeability is moderately rapid and f shrink -swell potential is low. Seasonal high water table is within a depth of 4.0 to 6.0 feet. FoA Foreston loamy fine sand, 0 to 2 percent slopes These nearly level, very deep, moderately well drained soils are on uplands. They formed in sandy and loamy j marine sediments. They have a sandy surface layer and a loamy subsoil. Permeability is moderately rapid and shrink -swell potential is low. Seasonal high water f table is within a depth of 2.0 to 3.S feet. LnA Leon sand, 0 to 2 percent slopes These nearly level, very deep, poorly drained soils are on broad flats and in depressions. They formed in sandy marine sediments. These soils are sandy throughout with dark colored, weakly cemented layers in the subsoil. Permeability is moderate to moderately rapid and shrink -swell potential is low. Seasonal high water table is within a depth of.0.5 to 1-5 feet. 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 November 30, 1998 Ray Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 AK V 1 • • NCDENR NORTH t. AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRGEs Subject: Application No. AWS310332 Additional Information Request Stallings Farm Animal Waste Operation Duplin County Dear Ray B. Cavenaugh: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by December 30, 1998: 1. The Waste Utilization Plan (WUP) submitted was not signed by a technical specialist. Please have the appropriate technical specialist sign and date page 12 of your WUP and submit two copies of that page. If any modifications are made to the existing WUP please send two copies of the entire document. Please reference the subject permit application number when providing the requested information. All information should -be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before December 30, 1998 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 502. V. Sue Homewood Environmental Engineer Non -Discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director August 21, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ray Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 Farm Number: 31 - 332 Dear Ray Cavenaugh: A 0 a IT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAruRAL REsouRCEs R�G��ED 9GN Sfp 1 a Mb �o�,_4isr�ary8 Psttri;�n9 You are hereby notified that Stallings Farm, in accordance with G.S. 143-215.1OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has Ko60 days to submit the attached application and all supporting documentation. In accordance with Chapter 676 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call at (919)733-5083 extension or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. �� rely'� for A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper r State of North Carolina Department of Environment and Natural Resources Division of Water Quality Non -Discharge Permit Application Form (THIS FORM MA Y BE PHOTOCOPIED FOR USE r1S,4N ORIGINAL) General Permit - Existing Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: 1.1 Facility Name: Stallings Farm 1.2 Print Land Owner's name: Rai Cavenaue, t _ 1.3 Mailing address: P.O. Box 711 City, State: Wallace NC Zip: 28455 Telephone Number (include area code): 910-285-4809 1.4 County where facility is located: Duplin 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): On northwest side of SR 1953, approximately 2 miles from intersection with SR 1949 to east of intersection). Take left farmpath_ to facility. 1.6 Print Farm Manager's name (if different from Land Owner): Gary Cantrell 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): Murphy Family Farms 1.8 Date Facility Originally Began Operation: 01/01/92 1.9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: _31' (county number); 332 (facility number). 2.2 Operation Description: Swine operation Feeder to Finish 2448- Certified Design Capacity Is the above information co.. ect? 0 yes; no. if no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum num e- or which the waste management structures were designed. Type of Swine 0 Wean to Feeder 0 Feeder to Finish 0 Farrow to Wean (# sow) 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) No. of Animals Type of Poultry No. of Animals Other Type of Livestock on the farm: 0 Layer 0 Non -Layer 0 Turkey Type of Cattle No. of Animals 0 Dairy 0 Beef No. of Animals: FORM: AWO-G-E 5/28/98 Page 1 of 4 31 - 332 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 26.00 ; Required Acreage (as listed in the AWMP): 22 2.4 Number of lagoons/ storage ponds (circle which is applicable): 2.5 Are subsurface drains present within 100' of any of the application fields? YES NO (please circle one) 2.6 Are subsurface drains present in the vicinity or under the iagoon(s)? YES or N (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, N dards, etc.) (Swine Only) YE or NO (please -circle one) What was the date that this facility's swine houses and lagoon were sited? _ C�O1— What was the date that this facility's land application areas were sited? t 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the.following required -items by.signing your initials. in the space provided neat to each item. - - Applicants Initials 3.1 One completed and signed original and one copy of the application for General Permit - AnimaI Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CA WMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.11 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 3.3.14 Mortality Control Checklist with the selected method noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. FORM: AWO-G-E 5/28/98 Page 2 of 4 31 - 332 Facility Number: 3I - 332 Facility Name: Stallings Farm 4. APPLICANT' this application for has been reviewed application are not package will be ret? Signature REQ _j\j SAD tON SEP 41g9$ S CCERTIFICATION: Nan_915char911 F$66n9 (Land Owner's name listed in question 1.2), attest that (Facility name listed in question 1.1) e and is accurate anomplete to the best of my knowledge. I understand that if all required parts of this Feted and that if all required supporting information and attachments are not included, this application to me as incomplete. to Date _ l_ � C) — C) S 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) I, (Manager's name Iisted in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed -by me and is accurate and complete to the best of my knowledge. I understand that if all required parts"uf this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E 5/28/98 Page 3 of 4 31 - 332 J , , 0 DIVISION OF WATER QUALITY REGIONAL OFFICES (l/'98) AAmvi0e Rg0oaal WQ S%erviaor 59 Woodfin PLoa Asbevrille. NC 29901 (am) 251-6208 Fax (704) 251-6452 Avay Macon Buncombe Madison Burke McDovmn Caldwell Mitchell Clravlrce Polk Clay Rutbe ford Ckaham swain Haywood Transylvania Headasaa Yancey Jackson Fayeepeville Regional WQ Supervisor Wachovia Building, Suite 714 Fayemeville, NC 28301 (910) 486-1541 Fax (910) 486-0707 washing m Ragiond WQ Supavi" 943 Washington Square Mall Wadringtaa. NC 27889 (919) 946-6481 Fax (919) 975-3716 Beaufort Janes Craven Pasgootaak Ctcrimck Pbtquimans E=.. Pit. ca Tyrell Gram Waabmgton Hertford Wayne Hyde Moom wille Regional WQ Supervisor 919 North Main Stray Moorexville, NC 29115 C704)663-1699 Fax CW) 663-6040 Ralugh WQ 38W Barran Dr. Raleigh, NC 27611 (919) 571-4700 Fax (919) 733-7072 C>hatbam Nash Dmhmam Nw& mipwn Edgecombe Orange Franklin Pbraon Gramme Vance Halifax Wake Johnston WX= Lek Wilma Wilmington Region. WQ S%XrA ar 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910) 395-3900 Fax (910) 350-2004 Anson Momz Alexandra 'Lincoln Brunswick New Hanover Bladen Richmond Cobatrus Meddenburg Carsaex 001ow 4rmbe:iand Robeson Catawba Rowan Columbus pawl r Harnett Sampson CkvcLmd Stanly D oplin Hoke Scotland Cvaston Union Mamagomery h"km - Viuwum-Salem Regional WQ Supmvisor 585 Waughtown Street Wimstao-Salem. NC 27107 (910) 7714600 Fax (910) 771-4631 Aiamaaae Roddngham Allegbany Randolph Ashe Stokes Caswell Surry Davidson Watanga Davie Wiams Far"th Yadkin Guilford FORM: AWO-G-E S/28198 Page 4 af 4 RECEIVED t. ViAJERQ VtLIITY E.C:1ION ANIMAL WASTE MANAGI_ .ENT PLAN CERTIFICATION'' R EXISTING FrEDLOTS Please return the completed form to the Division of Environmental Management at the address on the reverse side of this form. Non-Viscrarae p Name of farm (Please print) : Mailing Address: e� ntt�ng (Fm;li-� NttmheP,.— 3 !- 33a. county (ot _farm): DuplirL Farm location: Latitude and Longitude: 2,L 67' 35' / 34 T5a' .35" (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.) : StOiRP. Design capacity (number of animals) Average size of operation (12 month population avg.): �a 943 Average acreage needed for land application of waste (acres) : a Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the existing animal waste management system for the farm named above has an animal waste management plan that meets the operation and maintenance standards and specifications of the Division of Environmental Management and the USDA - Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001 - .0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25 - year, 24 - hour storm. V When checked, see reverse side of fors Name of Technical Affiliation (Agency):. Address (Agency) Signature:_132 Specialist (Please Print): BILLY W HOUSTON DUPLIN S & W CONSER DISTRICT PO BOX 277 KENANSVILLE NC 28349 TELEPHOl1E 910-296-2120 Owner/Manager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. 1 (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either directly through a man-made conveyance or through runoff from a storm event less severe that the 25-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. Name of Lan20vvner (Pr, se Print): Signature: / ate: Name of M nag , if different from o ' e (Please print): Signature. Date: Note: A chanrc in land nwncrship requires notification or a new certification (if the approved Plan is changed) to be submitted to the Division of Environmental Management within 60 days or it title transfer. DEM USE ONLY: ACE# CONDITIO_ dD/OR EXCEPTIONS TO CER' .ATION All -statements checked apply to this certification: / t/ The installed irrigation system has not been evaluated concerning nozzle size, spray pattern, spacing, pump size, pipe size, etc. It is the`responsibility of the producer to operate the system with the proper components and to supply the required maintenancecto assure that -no runoff occurs. The prodilcer is encouraged to have an irrigation specialist, possibly the dealer where the system was purchased, prepare an operation and miaintenance plan for the irrigation system so that the producer knows how to operate the equipment to meet the non -discharge requirements. The waste management plan for this operation is based upon yields higher than what is now recommended by NRCS; however, these yields are obtainable under high levels of management. This increase in projected yields is necessary since the NRCS plan prepared for this operation at the time of construction was based upon these higher yields and the producer followed NRCS guidelines when building this operation. Because of Iimited acres for land application, and because the original NRCS waste utilization plan did not require additional acres for buffers and irrigation inefficiency, it may be necessary for the producer to operate half sprinklers, on solid set systems, along Feld edges and ditches: Also for traveling irrigation systems, a pull directly adiacent to the ditch with only a 180 degree pumping radius may he needed to irrigate the entire field. Extreme caution should be exercised when applying waste close to ditches and wetlands to avoid any discharge. CERTIFICATION FOR EXISTING FEEDLOTS INSTRUCTIONS FOR CERTIFICATION OF APPROVED ANIMAL WASTE MANAGEMENT PLANS FOR EXISTING ANIMAL WASTE MANAGEMENT SYSTEMS SERVING FEEDLOTS REQUIREMENTS/PURPOSE In order to he deemed permitted by the Division of Environmental Management (DEM), the owner of any existing animal waste management system constructed and operational before January 1, 1994 which is desi_*ned to serve greater than or equal to the animal - populations listed below is required to submit a signed certification form to DEM before January 1, 1998. Pasture operations are exempt from the requirement to be cartified. 100 head of cattle 75 horses 250 swine 1,000 sheep 30,000 birds with a liquid waste system The certification must be signed by the owner of the feedlot (and manager if different from the owner) and by any technical specialist designated by the Soil and Water Conservation Commission pursuant to I5A NCAC bF .0001-.0005. The technical specialist must verify that all applicable operation and maintenance standards and specifications can be met. Existing systems are not required to meet design and construction standards and specifications. Although the actual number of animals on the facility may vary from time to time-, the design capacity of the waste handling system should he- used to determine if a farm is subject to the certification requirement. For example, if the waste system for a feedlot is designed to handle 300 hoes but the average population will he 200 hogs, then the waste management system requires a certification. This certification is required by regulations governing animal waste management systems adopted by the Environmental Management Commission (EMC) on December 10, 1992 (Title 15A NCAC 2H .0217). CERTIFICATION FORM On the reverse side of this page is the certification form which must be submitted to DEM before January 1, 1998. Assistance in completing the form can be obtained from one of the local agricultural agencies such as the Soil and Water Conservation District, the USDA -Soil Conservation Service, or the N.C.. Cooperative Extension Service. The Completed form should be sent to: Department of Environment, Health and Natural Resources Division of Environmenftrl Management Water Quality Section, Planning Branch P.0- Boa 29535 Raleigh, NC 27626-0535 ' r ANIMAL WASTE UTILIZATION PLAN WkTE Q � D Producer: RAY CAVENAUGH C,701V Location: PO BOX 711 SEP Q 1998 WALLACE NC 28466 Jvbn Di8c-;,arge P""i"" Telephone: 910-285-6851 Type Operation: Existing Feeder to Finish Swine Number of Animals: 2448.00 hogs (Design Capacity) STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5.tons per acre per year. Waste may big applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 ANIMAL WASTE UTILIZATION PLAN 5. wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, f t3, tons, etc.) 2448 hogs x 1.9 tons waste/hogs/year = 4651.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x 2.3 lbs PAN/hogs/year = 5630.4 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ---- or ------ APPLY RESID. APPLIC 1 METH N TIME 1598 7173 AUB BC 4.7 235 6.8 I APR-SEP 7173 I�1 - SG 11 150 1 11-11 1340 APR 7173 2 LNA BC 3.4 1 I 1 1170 1 14.9 1833 APR-SEP 7173 SG 1 1-2 1 I 150 1 14.9 1245 SEP-APR 7173 3 BC 5.1 5 IFOA I 1255 1 11275 APR-SEP 7173 SG 1 50 5 1-3 1 I 1 1250 SEP-APR 7173 3 BC 3.4 5 JLNA I I 1170 1 1850 APR-SEP 7173 SG 1 250I1.5 1-3 1 150 1 SEP-APR END I TOTAL15641 - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. Page: 3 0 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME - END TOTAL 10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fail. The ideal time to interplant small grain, etc, is late September or early October. Drilling- is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. ** Acreage figures may exceed total acreage in fields due to Page: 4 ANIMAL WASTE UTILIZATION PLAN overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT BC SG HYBRID BERMUDAGRASS -CONTROLLED GRAZED SMALL GRAIN OVERSEEDED TONS AC 50 50 TABLE 1' TABLE 2 TOTAL TOTALS FROM TABLES 1 AND 2 WETTABLE ACRES LBS AW N USED 21.7 5641 0 0 21.7 5641 * BALANCE -10.6 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Page: 5 I ANIMAL WASTE UTILIZATION PLAN *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 4528.8 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 15.096 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 36.2304 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25°s depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff oz ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 6 ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate (in/hr) Applic. Amount (inches) 7173 1 AUB BC .5 *1 7173 2 LNA BC .60 *1.0 7173 3 - FOA BC .So *1.0 7173 3 LNA BC .60 *1.0 7173 " 1 SG .5 *1 7173 SG .5 *1 7173 SG .5 *1 7173 `3 SG .5 *1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no instance should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. Page: 7 ANIMAL WASTE UTILIZATION PLAN NARRATIVE OF OPERATION Page: I WASTE UTILIZATION PLAN REQUIRED_ SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste- application. It is the responsibility of the owner' of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 14 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) S. 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 inf iltration 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. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. A.nimal.waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 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 a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed -waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of.appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. . Page: 10 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and -other crops for direct human consumption. However, 'if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 11 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility Owner: RAY CAVENAUGH (Please print) Signature: Date: Name of Manager (if different from owner) : Signature: Date: Name of Person Preparing Plan: (Please print)ANGIE B. QUINN Affiliation:DUPLIN SOIL AND WATER CONSERVATION DISTRICT Phone No. 910-296-2120 Address (Agency): PO BOX 277 KENANSVILLE NC 28349 Signature: Date: Page: 12 11" 1", 7,1 x 70 In I I.C,ll 5711. 11111, —D ?(WI LINE 1'R,`JCRL5SIVtLY ACI:I1IIL6) FT 7 J-� r I � . :. 1,TiT!, : . . , : � , I I 't 1.i I I . I I . . I " . I V;:, -;T 1 1 ! " :- -77 4'14.; •II .... .......E TTJ 71 1HI i. ......... .... 7 T 7 'T I'l J =7r "17� T7-17 ;j T.. ........... ;T: VH. t! —77 { L• ',III ii iT'� '44 7 T— -7T 44 FF �4 4-: V; L "T T 7TF i -t4-t I ; i :q4 �r - -- - - : o .1 -.1 1 1 1 1- -: .. I! .... , T T, . ..... I T' It 1771 7 T-- Tj • A—, 7 r 7 —4:: N ri T 7 T a T I —7 7 :1. J- Ij 7.- ! : 1 � I F � : I -!-F� T I "' - IT- —IJii, TA f-ij -1 1.-, - , - , " . �]. " - .1i - - . -1 7, t:1 �jj i T 1 l—;F, 1- r 1�-j T7� IT-1 {:j IFIII 177, S-17 T71-1 4 .. .... T?tn' -P - 7i . TLtii T11 IT I: T, :.1 1, .', 71- 1 I t -I rl� i 1—'y :T T71 rr,:i:,: I". :T 7 T.: I T IF 4 1 T 7,7T 7: ---T -14 —7� T'llII 7 1A T-1 z! T T I JI Ti IT 11' _5 7 ITT 77, 17 P :if. iiI 1!.' 1 : 1-I ;:, I I' j' j ri "'K .. .. . .... in - F-1111�111,11 I-i li I Ll� fill r ilI I! ,� I ;i1� I :I I I •Ili_- ;ii l.,il ,I I :I; .�Lli '6 'l 77Q i R 1 11 7 77— :,T-1 It H, '.:r 7 - � !-;7 11 . �Aq 4 ; I ILI— .17: F:T 4 a '4 !+HL I I J-� .,II IF A T i i I T T—I 1 1 t:j� T., -T7 ....... .. ,T- -T-7f . . . . . . . . ..... TT 7 141 . 7 1j: I.J.11, :i I ■ I i f =\ United States is Department of Agriculture Sod Conservalion Service OPERATOR: JalA"ss: Please review the attached plan and specifications carefully. Retain this plan for your use and records. It is strongly recommended that you, your contractor, and Soil Conservation Service personnel are in agreement as to how the waste lagoon is to be constructed. The Soil Conservation Service personnel will meet with all concerned parties and walk over the site to explain all flags and markings. It is important that everyone understand what is expected so that final construction meets plans and specification and the job can be certified' -for payment (if--cost-sharing is involved). The pad dimensions and grades are the best -estimate. The SU..LI_DER- or CONTRACTOR is RESPONSIBLE for final layout and design of the pads. The Soil Conservation Service personnel will assist in a limited capacity, as its major concern is the proper design and construction of the waste treatment lagoon. a The actual amount of material required for pads and -dam may vary from the estimates. The design wil'I attempt to balance cuts and fills as close as possible. if additional material is required after construction is-compiete on the lagoon, the -contractor and owner will negotiate on the price and location of borrow area. NOTE: Design Requirement: g11g9F- cu..ft. = 19,3.12 cu.yds. Estimate of Excavation: cu. ft. = .167r13 cu.yds. Estimate of Pad E Dike: cu.ft. cu.yds. L11:1.0 Ration Job Class Date Designed By JhNM, ,O c. Name Design Approval . Name 2 Z Da to f ` l>�J t ` ti rV% —4--3 Yh , 41 Art e.,,K .S C t J t� i0eu J 4JMW0. t "� V00tw-'L4t, '� �`c�an,Gi C� �sk,�7 n� ` 60JA p�.s a...y►�.Q �w c, `�-�,��- ZJn t h t 0. r c�.c� n The Sod Con3ar alien sorv-ce FF :s an agency of the 1 O e.aJ-knj \LJ �- Oaoanment of Agncuttura � �' U Operatorwjames Stallings County: DUPIin Date: 03/05/92.. Distance to nearest residence (other than owner) ; 1000.0 feet x 0ls-}Or1LG in s o,Nrad (>� Si�rty +iS , 1. STEADY STATE LIVE WEIGHT 0 5(:ws (farrow to finish) ., 1417 lbz.. w 0 1 b s 0 meows (+arrow to jeeder) .. 522 1 b5. - 0 lbs 2448 head (finishing only) ., 1 ,5 lbs. - 330430 lbs 0 sows (farrow to swear) X 4= lbs. = 0 lbs 0 head (wean to fee -der) .. 0 lbs. w 0 lbs TOTAL STEADY STATE LIVE WEIGHT (SSLW) 330480 lbs 2. MINIMUM REDU I RED TREATMENT VOLUME OF LAGOON V01Lime = 330490 lbs. SSLW x Treatment Volume(CF)/Ili. SSLW Treatment Vol,ume(CF) /Ib. sSLW= 1 CF/Ib.. SS4 Volume - =Z0430 cubic feet_ _ . STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 0.0 cubic: feet 4. TOTAL DESIGN VOLUME Inside -top length 220.0 feet inside top width 2?0-0 feat Tapp o+ dike at elevation 42.0 feet Freeboard 1.5 feet N Side, slopes 2.5 : 1 (inside lagoon', Total design lagoon liquid level at elevation 40.5 feet Bottom o4 lagoon elevation 29.5 feet Seasonal high water- table elevation 35.0 feet Total design volume using prisimoidal formula. SS/END1 SS/END2 SS/SIUE1 SS/SIDE2 LENGTH WIDTH DEPTH 2.5 2.5 2.5 2.5 212.5 282. 5 i 1. 0 AREA e OF TOP LENGTH * WIDTH = 212.5 282.5 AREA OF BOTTOM LENGTH * WIDTH = 157.5 227.5 60031.3 (AREA OF TOP) 35831.3 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH WIDTH T 4 185. 0 255. 0 1$8700. 0 ( AREA OF MIDSECTION * 4 ) CU . F T . = [AREA TOP + ( 4*ARE.A MIDSECTION) Y AREA BOTTOM] DEPTH/ 6 60031 . _ 188700. 0 35831.3 1.2 ,1Ok ME= OF LAGOON AT TOTAL DESIGN LIQUID LEVEL = 5216?8 CU. FT. 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA. Lagoon (top of di k.e) Length * Width 220. c.) '290.0 63300.0 square feet Buildings (roo* and lot water) Length * Width = Cr.0 0.0 0.0 square feet TOTAL DA 6s200.0 square feet Design temporary storage period to be 180, days.. r_ 5A. Volume of waste pro&tred Approximate daily prodUcti on of manure in CF fLD SSLW ir, 00136 Volume = Lbs. SSL'I * CF of Waste/Lb. /Day 1 E3 0 mars V01 L€me = 30705 cubic feet .�a., Volume of ;crash water This is the amount of 'Fresh Vrater Used for ;•Tashi na floors or volume Of fresh water used -For a flush <.5ystam. Flush syste.rrs that recirculate the lagoon :-rater are accOUnted for in OA. Volume = 0.0 gallons/day 1130 ,days stGrac3e1..48 gallons per CF VOl Urne = 0.0 cubic -feet 5C. Volufrre of rainfall in excess of evaporation Us�� period of t l me when rct i n f al l P.,ceeds. evapat--at i on by largest arnount . 180 days excess rainfall _ 7.0 inches VoILcrrre = 7.0 in * DA J 12 inches per fr__%ot Vol ume = 37216. 7 cub i c feet 5D. volume of 25 year - 24* hour storm Volume = 7.5 inches / 12 inches per foot DA VA I Lime = 37075.0 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. e07O5 cubic- f eet 5B. r-) cubic Teet 5C. 37217 cubic: feet 5D. 39875 cubic feet TOTAL 157797 cubic feet -. b. SUMMARY Total required volume 488277 cubic feet Total design volume avai 1 . 521698 cubic c_ feet Hi n. req. treatment voI u!-Re plus sludge accUMU1 at i or: 330480 cubic f At te1 Env. 37.1. feet Volume is 331570 cubic. feet (end pumping) Total design volume less 25yr-24hr storm i s 40182' CUbi c, feet i�t �? 1't y % 1 1!-nL ! 4 <)2 () cubic -Feet' (start pU!7i 3:! fi Seasonal high watertable elevation -5.0 feet 7. DESIGNED BY: Bj�l � APPROVED BY:1�` J � - DATE: 3-S-q2 DATE: �//7/ / NOTE. SEE ATTACHED WASTE UTIt.I7AT ION PLAN OPERATION AND MAINTENANCE PLAN This lagoon is designed Tor waste treatment with mi n i mlRm odor control. The time required for the planned fluid level to be reached may vary due to soil c.on+ditions,flUshing operations, and the amount of fresh dater added to the system. Lang application oT waste water is recognized as an acceptable method of disposal. Methods of application include solid set, center pivot, guns, and traveling gUn irrigation. Care should be taker, when applying wizGste to prevent runoff from the field or damage to crops. The Tollowing items are to be carried out; 1. It is strongly recommended that the treatment lagoon be pre- _ charged to 1/2 its capacity to prevent excessive odors during start-up. Rre-charging reduces the concentration of the initi-al, waste entering 'the lagoon thereby reducing odors. Sol ids should be covered with eTf 1 uent at all. times. 2. The attached waste Utilization plan shall be followed. Thi plan recommends sampling and testing of waste (see Atta+zhrnent R- before land application. 3. Begin PUMP -anti of the lagoon when f 1 ui d level reaches el eva- tion =}9.8 as marked by permanent m=ari ers. Stop pump -out. when the T l ski d level reaches elevation ; . 1 or bef ore fluid depth is less than 6 feet deep (this prevents the loss of favorable bacteria' . 4. The recommended maximum amount to apply per irrigation is one (1 ) inch and the recommended maximum :appl i c—ati on rate i s 0.4 inch per hQUr. 5. Keep vegetation on the embankment and areas ad iacent to the lagoon rnowed annually. Vegetation should be ferti 1 i?_erg as needed to maintain a vigorous stand. 6. Repair any er-oded areas or areas da;mpaged by rodents and establish in vegetation. 7. All surface runoTY is to be diverted from the lagoon to stable Cut 1. et5. S. The Clean lWater Act or 1977 prohibits the discharge of pollutants into waters c:f the United States. The Department of Environment, Health, and Natural Resources, Division of Environ- mental Management, has the responsibility +or- enforcing tit-ris law. I SPECIFICATIONS FOR CONSTRUCTION OF WASTE TREATMENT LAGOONS ----------------------------------------------------------- Cl ear ng r All trees and brush shall be removed from the construction area before any excavating or fill is started. Stumps will be removed within the area of the foundation of the embankment and fill areas and all excavated areas. All stumps and roots exceeding one (1) inch in diameter shall by removed to a minimum depth of one (1) foot. Satisfactory disposition will be made of ;all debris. The foundation area shall be loosened thoroughly before placement of embankment material. Cut-off Trench: A cut -tiff trench (when specified) shall be installed as shown in the 'plans. I. - Construction. Construction of excavated and earthfill areas shall be perTormed to the neat lines and grades as planned. Deviations from this will require prior approval of the SCS. Earthf i l l shell not be placed in standing water and reasonable compaction of the fills shall be performed by the construction equipment or sheeps-foot roller during placement. The embankment of the lagoon shall be installed using the more impervious materials. Construction of fill heights shall include ten (10) percent for settlement. To protect against seepage, When areas of unsuitable material are encountered, they will need to be excavated a minimum of one (1) foot below grade and backfilled and compacted with a suitable material (ie-CL,SC,CH). Refer to the sails investigation information in the pions -for special considerations. Precautions should be taken during construction to prevent excessive erosion and sedimentation. Vegetation - All ex.posed embankment and other bare constructed. areas shall be deeded to the planned type of vegetation as stun as possible after construction. SEEDING RECOMMENDATIONS ------------------------ AREA TO BE SEEDED: Z.D ACRES USE THE SEED MIXTURE INDICATED: 0 LBS. FESCUE GRASS @ 60 LBS. /ACRE ( BEST SUITED ON CLAYEY OR WET SOIL CONDITIONS) SEEDING DATES: SE PTEMBER 15 TO NOVEMBER 30 0 LBS. 'PENSACOLA' BAHIA GRASS C 60 LBS./ACRE (SEE FOOTNOTE NO. 1) SEEDING DATES: MARCH 15 TO JUNE 30 24 LBS. HULLED BERMUDA GRASS C 8 LBS./AC. (SUITED FOR MOST SOIL CONDITIONS) SEEDING DATES: APR I L i TO - JULY 31 O LBS. RYE GRAIN C 00 LBS. ACRE ( NURSERY FOR FESCUE) to LBS. RYE GRASS @ 40 LBS. /ACRE (TEMPORARY VEGETATION) SEEDING DATES: DECEMBER 1 TO MARCH 30 LBS. APPLY THE FOLLOWING: 3000 LBS. OF 10-10-10 FERTILIZER (1000 LBS. /ACRE) 6 TONG OF DOLOMITIC LIME (? TONS/ACRE ) 300 BALES OF SMALL GRAIN STRAW (100 BALES/ACRE) ALL SURFACE DRAINS SHOULD BE INSTALLED PRIOR TO SEEDING. SHAPE ALL DISTURBED AREA IMMEDIATELY AFTER EARTH MOVING IS COMPLETED. APPLY LIME AND FERTILIZER THEN DISK TO PREPARE A Z TO 4 INCH SMOOTH SEEDBED. APPLY SEED AND FIRM SEEDBED WITH A CULTIPACKER OR SIMILAR EQUIPMENT. APPLY MULCH AND SECURE WITH A MULCH ANCHORING TOOL OR NETTING. 1. PENSACOLA BAH I r1- GRASS IS SLOWER TO ESTABLISH THAN COMMON 1 2F_RMUDA GRASS. WHEN USING BAH I A , IT IS RECOMi JENDEi) THAT 8 LBS./ACRE OF COMMON BERMUDA BE INCLUDED TO PROVIDE COVER UNTIL BAHIAGRASS IS ESTABLISHED. WASTE UTILI?ATION -PLAN Owners name --:James Stallings County:Duplin Mail Address -:Wallace, NC Type of production unit ----:Topping Type of waste facility ------:Anaerobic Lagoon Your animal waste management facility has been designed for a given storage capacity. When the waste reaches the designed level, it must be land applied at a specified rate to prevent' pollution of -surface and/or ground water. The plant nutri..ents in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on 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 and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Sever -al factors are important in implementing your waste Utilization plan in order to max.imice the fertilizer value-o+ the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needz of the crop to bE-� grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are, important as they have dl f f erent i of i l tratl on rates and leaching potential. Waste shall not beapplied to land eroding at great-ar than 5 tans per acre per year. Do not apply waste on saturated soils or on land when the surface is frozen. Either of these conditions may result in runoff to surface Waters. 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 .paste should be applied to a growing crop or not more than .'gin days prior to planting. Injecting the :waste or di sr:i ng will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements may be more or Less based on the , waste analysis report from your waste management facility. The design of your waste management facility is based on the Yollowing: Amount of Waste Produced Pier Year: 2448 animals 1.9 tans 4•waste/animal/yr= 4651 tons to-tal wash Page 2 Amount of Plant Available Nitrogen Produced Per Year: _-_.-_.---------------------------------_--__--- __._____ 2448 animals ., 2.00 lbs. N/animal/year = 4896 lbs./yr Available N" 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-. Your facility is designed for 180 days of storage. Therefore, it will need to be pumped every 6 months. Tract Field Soi 1 Crop Yield Lbs. N Acres Lbs. N Month to No. No. Type Code Per Ac. Used Apply 717 12 FoA 6 7 Tons 400 . as 1200 MAR7AUG ... 7173 - 10 i FoA b :' Tons 400 0. 8 :7120 ,MAR-AUG 71 7 3� 9 FoA 2 100 Bu . 150 7.o 1050 MAR---JULY 7173 8 Ln 2 100 Dot. 150 2.0 ..304.5 MAR--JULY 717.w, 7 Ln 2 10 x Bu . 15r i 2.1 315 MAR-JULY 717- 6 Ln 2 100 Eau. 150. 1.2 180 MAR-JULY 7173 5 Ln 2 100 1' u. 1 5Q 1.4 210 MAR-JULY 717 4 Ln 2 100 8u. 150 1.6 240 MAR-JULY 717 ": 1 Ln 2 10C-) Su, 150 i f. 9 175 MAR-JULY 7173 2 Ln 2 100 BU. 150 1.4 214.95 MAR-JULY 717? 1 AuB 2 100 B i, 150 8, 8 1315. S MAR-JUL`{ Total 3C),2 54aa Available Nitrogen 4896 Sur p a us Or Deficit -559 Crap Codas: 1=Cereal grain; 2=Corn; Fescue; 4=Range , Gr. E.ermuda 5=Control Grazed Bermuda; 6=€aayl and 3=ormuda Narrative of Operation: ------------------------- Call the Soil and Water Conservation District Oif i ce after you receive waste analysis report to obtain the amount per acre to apply and the irrigation application rate prior to applying Waste. Prepared by: 16_ DJcT -�`-',�'--------------�----__---_-__ ..sib 91 Name Title Date Concurred 'in by: A__A_:P_V---- Producer Date (Copy to producer and copy to case file) U. S. Department of Agrict ,e Soil Conservation Service NC-ENG-34 September 1980 File Code: 210 HAZARD CLASSIFICATION DATA SHEET FOR DAMS Landowner ,M ,;, County t Jam;_ Community or Group No. Mx-! - Conservation Plan No." Estimated Depth :of Water to Top .of Dam L•- _Ft. Length of Flood Pool Ft. Date of Field Hazard Investigation `I-=F 9 z- Evaluation by -reach of flood plain downstream to the point of estimated minor effect from sudden: dam failure. Est. Elev.:Est. ElevFtion Kind of .Improvements: of "Breach Reach: Length: Width: Slope: Land Use: ; -Improveme.nts Above :Floodwater Above flood Plain:-. .Flood Plain Ft: - Ft. Ft. Ft. 2 3 ,Describe potential for loss of life and damage to existing or probable future downstream improvements from a sudden breach Now ?Illy, /00o JR 4,0„)r . I000-ye: - V Hazard Classification of Dam (a, b, c) (see NEM-Part 520.21) q Dam Classification (I, II, III, IV, V) BY. e Concurred-8 name title NOTE: 1. Instructions on reverse side. 2. Attach additional sheets as needed. Date 3 Date SGS-ENG-539 U. S. DEPARTMENT OF AGRICULTURE a5-70 '� SOIL CONSERVATION SERVICE SOIL INVESTIGATION TO DETERMINE SUITABILITY OF PROPOSED POND SITE SeP✓ �aye�i' * Ky() 3.-,vl t H814� 3�r 3 FARMER'SNAME_ DISTRICT rCOUNTYI . v • f SHEET NO. WORK WATERSHED AREA MEASUREMENTS • e -ACRES PASTURE -ACRES ••• • f •. • CLASSr,1' • • SKETICH OF • • • • • • • i SHOWING WHERE EORlNGS WERE MADE Local* reference point " center lint o/darn and Identi(v on sketcA. ■■■NEON ■■■■■ ■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■ ■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■M ■■■■■■■■■■■■■■■■■■ ■■■■■■■ ■■■■ ■■■■■■■■■■■■■ ■■■■■rI■■■■■E E■■■■■■■■■■■■ , • BORING NUMBER AND PROFILE Naha and list dam -site and spillupov bortngs first- then ponded arm and bormw pit 6arings-se3mrate with utrtfwl rd ling. (Continued on back where nacassarV) Show umter table elevations on dam -site ©i®leQ©!e101L•1E�[el®Eel®�®l®!mIeIQ7;el�7l®f�10 ���■I■1■ .�!■�■1■ ■i�i■1■1■1■i�i■I■1■:el■I■1■1■ �■11��■I■1��1,�f■� I eel■I■�■I■i■I■I■I■'■1■I■1■i■ 1■�'■i■1l�i!■,l'���I= ®11��■I■1•I■f ■1■I■1■•■1■I■1■1■ !�l�i■lel�ell�1■i■ie �l�li■1■1■1■1■i■i■i■■I■i■1■I■ !��'■I■I!!eil�li■i■I■'eiel■1■(■1■I■I■1■1■■I■I■1■1■ ��l■I■I■'■■I■I■.ei'�f ■1■I■i■I■i■1■■■1■I■1■i■ �!S'.■i■I■11el■I■I■�i�!!��I■1■I■I■I■�■1■1■'■1■!■I■1■ �f■I■i■!#!1■!■I■' ��l�I■I■i■:■�■f■f■I■i■1■l■I■f �l�I■I■1■i■1■f■1■i■■1■1■f■1■ �■�,'� I■I�lihl�I■'■I■ ■ MW■■►ZZ01■ ■ ■ ®�I■1■I■ ■1■!■1■f ■ ■1■1■I■1 < f TOWN OF GREENEVERS ROUTE 2. BOX 331-E ROSE HILL NORTH CAROLINA 28458 TELEPHONE: (919) 289-3078 MAYOR ALFRED DIXON February 4, 1992 Mr. Michael Sugg District Conservational P. U. Box 277 Kenansville, NC. 28349 Dear Sir:- Inresporise to your letter of January 10,1992, relating to the Zoning Jurisdictional Boundaries beyond the City Limits. The Town of Greenevers do not have a Zoning Jurisdictional. Boundarie .beyond the. City Limits If the Town can be of further service to you, please contact me. I am, ;-�fi3OI r Ethel T. Boney Town Clerk T. .. �, F I•�; i I t : i , � . 1 ... 1 .I I �. i. '•1'i•j f.. I. I'7 f''.1j.' •''r. � � , ... } . i �; WAY UP .. ...-___...._. q jymppy - -,_ ._._ _ _ _ , - __.._ - . _ ........ .. ..---- - _I MAP"- WTV TT TV i "Sly 1411 Ix .—''-...._' �' .L_,.. .1.. ;.y �... ;. L.....I. � a...i. � : ; .i :}•:�•.r. � r 1 I I ..: � i � ;.. , _. �Nppr�z']'.. � .:. � ..t _r _l. _I. .�.;' Yi. .� � t..: I 1 ..�., i .i. .,. �... ....�. �•, .1 `,.. ..i:-�:.j...l..� .I..i . ..., 1...: • 1�:•�_�..:i. I :��.1 i E ! ;. I ;.. t,T• I r- � • i , . . � , .. i .....� ..�- , .t.-�-L.�..�.,,. I.1. �..,...� .1..�.t , .•=..1.;. �..;.�..� ..;. i, • , ..�. I. , I , -. .._._.j_ r.-'•�.' .•...............;•_• _!_�_I-'_�•. ..S .. i..l..�.. �..II .i..{..i pro- .�: ��. 1.. ..!_� ir.., .i. .j. i,.Ji_i.... ... ... .i. '.. �I._:...__.......,._.....-_.-......_,_-......_....-.Y./..,F/-'..Jw'V/1' U.S. DEPARTMENT OF AGRICULTURE Page 1 of 1 NATURAL RESOURCES CONSERVATION SERVICE 02/03/58 Duplin County(Kenansville) Field office (9101296-2121 CONSERVATION PLAN Client: Cavenaugh, Ray B. Cavenaugh, Ray B. Assisted ------------------------------------------------------------------------------------------------------------------------------------ By: abq LAND UNITS I PLANNED I APPLIED 1 ------------------- TRACT l------------------------- I FIELD I AMOUNT I I ----------------------I MONTH YEAR I AMOUNT I DATE J PLANNED CONSERVATION TREATMENT ------------------------------------------------------------------------------------------------------------------------------------ I I I I I I I Hog Operation 7173 14 1 6.5Ac1 1 I J J Anaerobic waste treatment lagoon designed according to NRCS I I I I J I 1 standards stores and treats swine waste. All bare slopes are J J I I I I I vegetated and surface water is diverted from lagoon. 7173 14 1 6.5ac1 04 1 1992 1 1 I CRITICAL AREA PLANTING I I I I I I I On the steep eroding area noted on the conservation plan map I I I I I J I establish a perennial grass, legume, or legume -grass I I I I I I ! mixture. I I I I I I I See Job Sheet 111. 7173 I i 14 1 I 1.0nol 02 I I J 1992 1 I I I 1 WASTE TREATMENT LAGOON ! I I I I I Construct animal waste treatment lagoon for the biological 1 I I I I J I treatment of animal waste. Construct according to SCS I I I I I I J standards and specifications. ------------------------------------------------------------------------------------------------------------------------------------ I I I I I I I Pastureland 7173 11, 2, 3 1 29.6Ac1 I I I I Permanent grassland is used for swine waste application. I I I I I I J Waste is applied at agronomic rates and within established I I I I I I rules and regulations. Grassland is managed for optimum I J I 1 yields. other nutrients are over -applied. Wildlife habitat i I I I I I 1 is moderate. 7173 ! I 11 1 I 8.8ac! 03 I I 1 1997 1 ! I 1 I PASTURE AND HAY PLANTING 12 1 5.8acl 03 1 1996 1 5.8ac105/10/19961 Disk and prepare firm seed bed, lime and fertilize according 13 1 15.0acJ 03 1 1996 1 15.0ac165/10/19961 to a soil test and sprig with coastal bermuda at the rate of I 1 I I 1 I 1 10 to 12 bushels per acre if set in rows or 25 bushels per I I I 1 I I 1 acre if broadcast. I I I I I ! I See Job sheet 101. 7173 I I 11 1 1 8.8ac1 03 ! I 1 1997 1 I I 8.8acI05/10/19961 Pasture and hayland management 12 1 5.8aci 04 1 1996 1 5.8acIO5/10/1996I These grassland field(sl will be managed for grazing and/or 13 1 15.0ac1 04 1 1996 1 15.Oac105/10/19961 haying. I I I I I I I See Job Sheet 102. 7173 11 1 8.8ac1 03 1 1997 1 I f WASTE UTILIZATION 12 1 5.8ac1 06 1 1996 1 5.8ac105/10/1996I Utilize swine waste by pumping lagoon effluent on cropland or 13 1 15.Oacl 06 1 1996 1 15.OacJ05/10/19961 grassland_ Waste should be analyzed for nutient content and I I I I I I 1 fields should be soil tested. Waste should be applied at a I I I I I I 1 rate determined by the waste analysis and the soil test. ------------------------------------------------------------------------------------------------------------------------------------ I I ! I I I I See Job Sheet 130. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SOIL MAP LEGEND Cavenaugh, Ray B. - Cavenaugh, Ray R. Map Soil name symbol i AuB jAutryville loamy fine sand, 0 to 6 percent slopes FOA IForeston loamy fine sand, 0 to 2 percent slopes LnA ILeon sand, 0 to 2 percent slopes PAGE I OF 1 02/3/98 NONTECHNICAL SOILS DESCRIPTION REPORT Cavanaugh, Ray B. - Cavanaugh, Ray B. f Map Soil name and description Symbol f AuB Autryville loamy fine sand, 0 to 6 percent slopes These nearly level to gently sloping, very deep, well drained soils are on uplands. They formed in loamy J marine sediments- The surface and subsurface layers are J sandy and range from 20 to 40 inches thick. The subsoil J is loamy. Permeability is moderately rapid and j shrink -swell potential is low. Seasonal high water table is within a depth of 4.0 to 6.0 feet. J FoA J Foreston loamy fine sand, 0 to 2 percent slopes J These nearly level, very deep, moderately well drained soils are on uplands. They formed in sandy and loamy marine sediments- They have a sandy surface layer and a loamy subsoil. Permeability is moderately rapid and shrink -swell potential is low. Seasonal high water table is within a depth of 2.0 to 3-5 feet. LnA Leon sand, 0 to 2 percent slopes J These nearly level, very deep, poorly drained soils are J on broad flats and in depressions. They formed in sandy marine sediments. These soils are sandy throughout with J dark colored, weakly cemented layers in the subsoil. J Permeability is moderate to moderately rapid and shrink -swell potential is low. Seasonal high water table is within a depth of 0.5 to 1.5 feet. J 5 U-S. OEPARTMENT OF AGRICULTURE SCS - CPA - 16 SOIL CONSERVATION SERV FCF- 2 -81 CONSERVATION PLAN MAP Owner Ray cavenaugh —Operator - �rf Duplin North Caro Ina .;, County. -State Date 7-22-97 Z Approximate acres ___—_Approximate scale Cooperating with Duplin Soil & I -later Conservation District Plan identification ---Photo number Ir Assisted by Angie Quinn USDA Soil Conservation Service P .711 egg M wo 7 JIM. 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CJ � .> \ � f'v. wt,P b'y,'.t� v �'c :� d¢ .� f+.5 � c � �/ r• =I ;a. {� r q e. 1 ,.�tr 'Y • 1� ,� .•� <� h,, �' ni• '� sI �.' b+ ^aia a• • a - y` +. /� / p� ' I „ 1 Z• w „log° E \J ED AUG 111997 Duplin Soil and Water Conservation District 302 North Main Street - P.O. Box 277 - Kenansville, NC 283C Phone: (910) 296-2120 (296-2121 - Fax: (910) 296-2122 August 8, 1997 Mr. Andrew G. Helminger NCDEHNR 127 Cardinal Drive Extension Wilmington, NC 23405-3345 Dear Mr. Helminger: 1n response to Your-letier dated for July 24; 1997, to Mr. Ray Cavenaugh (Facility #31- _ 332), I would like to acknowledge that Mr. Cavenaugh notified this office immediately to have his waste management plan updated. Grazing has now been incorporated into his waste maniagement plan. A corrected copy of his waste management plan is available at this office and will be available to you upon request. If you have any questions, please feel free to give me a call. Sincerely, 09 AngreB. Quinn District Technician CC: Ray Cavenaugh Garth Boyd, Murphy Family Farms CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT PS Form 3800, Ap�sril 1995 or O w AA 3 m SSN o M t" 7 O C -5 O 4 0m N j O ? t1J -9 !n L-J 9-0 ] �• Cr o LU n _M SENDER: a eComplete items t and/or 2 for additional services. I also wish to receive the a- ■Comptate dsms s, 4a and 4b. following services (for an , 0Print your name and address on the reverse of this form so that we can retum thds extra fee): ,I; Card + to yoi'- rm to e1s from of the mailpiece, or on the back if space does not 1. ❑ Addressees Address i� Aec+eipt Regerasted' on the mallpiece below the amide nameer. -m dt6 _ 2. ❑Restricted Delivery ■ih&Rutum Aoceipt WO show to vrhotn the stride was degvemd and the date ti.. dad. Consult postmaster for fee. R ' 3, e,40" to,. 4a. Article Number 4b. Service Type ❑ Registered rtmea a ❑ EVress Mail ❑ Irts and 5 ❑ Retum Rt t for Merchandise ❑ COD 7. Date of Delivery F 0 e, 5. Received By. (Print Name) 8. Addressee's Address (Onlyif requested and fee is paid) 6. Signature: (Addnnsse or Agent) a, X m PS Form 3811, December 1994 V 10250-97-8-6179 0 C: i/ , State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor Secretary July 24, 1997 CCeitified=Mail_#--Z:3,1a 639 878 Return Receipt R&guested Ray Cavenaugh Stallings Farm PO Box 711 Wallace, NC 28455 Dear Mr. Cavenaugh: Subject: NOTICE OF DEFICIENCY Stallings Farm Facility Number: 31-332 Duplin County On July 16, 1997, staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon serving this operation. It was observed that you are grazing the bermuda in your spray fields, which is not part of your certified animal waste management plan. If you intend to continue grazing your spray fields, this management practice must be immediately incorporated into your certified plan. In addition, your nitrogen balance must be recalculated to account for the presence of cattle. - We suggest that .you contact your service company, local NRCS office, or Soil and Water District office for any assistance they may be able to provide to correct this 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 certified animal waste management plan. Failure to do so may result in the facility losing its deemed permitted status and being required to obtain an individual non discharge permit. 127 Cardinal Drive Extension, Wilmington. N.C. 29405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal opportunity Affirmative Action Employer Ray Cavenaugh July 24, 1997 Page 2 Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Heminger, David Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, -ICJ . 119� Andrew G. Helminger Environmental Specialist cc: Harold Jones, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch cWilmingto`n-Files1 S. IWQSL4NDYA131-332.DEF t State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality a Atonft James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 3, 1997 Ray Cavenaugh Stallings Farm P.O. Box 711 Wallace NC 28455 SUBJECT: Notice of Violation Designation of Operator in Charge Stallings Farm Facility Number 31--332 Duplin County Dear Mr. Cavenaugh: You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a Iist of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, 1)_ for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Wilmington Regional Office Facility File Enclosure P.O. Box 29535, IW- 4 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 Nw�C An Equal opportunity/Affirmative Action Employer Telephone 919-733-7015 FIT M 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Jaynes B, Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Ray Cavenaugh Stallings Farm P.Q. Box 711 Wallace NC 28455 SUBJECT: Operator In Charge Designation Facility: Stallings Farm Facility ID#: 31-332 Duplin County Dear Mr. Cavenaugh: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an' Operator in Charge and is countersigned by the certified operator. The enclosed form must be. submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026. Sincerely, A. Preston Howard, Jr., 2.,Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, W 14. Raleigh, North Carolina 27611-7687 NV An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 _ 50% recycled/10% post -consumer paper 77 1�.. rJi REGISTF't?; lON FORM FOR PN1M_AL FEEDLOT OPERATIONS Department of Environment, health and Natural Resour:&Js� �lcro �� ` .r; Di�.;ision of Environmental Management �� ��. 4�, 1 Water Quality Section �V if the animal waste management system for your feedlot operation designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,'000 birds that are served by a liquid waste system, then this form must be filled out -and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: Mailing Address: County: Owner (s) Name: Manager (s) Name:_ 17 �� (:6-7 .77rc if Lessee Name: Farm Location (Be as specific as possible: road names, direction, milepost, etc.): (rP e !C Latitude/Longitude if known: - Design capacity of animal wa to -System (Number and type of confined animal (s)) : s: ? Average anini pop lation on the farm (Number and type of animal (s) raised) Year Production Began:, ASCS Tract•Noz: Type of Waste Management System Used: Acres Available for Land Owner (s) Signature (s) : lication erA Waste:(' DATE: 31-33� State of North Carolina Department of Environment, Health and Naturar Resources Division of Environmental Management ` s James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1D EE'i�1 A. Preston Howard, Jr., P.E., Director March 21, 1994 Ray Cavenaugh Rt 2, Box 149C Wallace NC 28455 Dear Mr. Cavenaugh: This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC -2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certification form (copy enclosed) to DEM by December 31 1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. We appreciate you providing us with this information. if you have any question about the new nondischarge rule, please contact David Harding at (919) 733-5083. Sincerely, r/� Q enc:. Steve Tedder, Chief Water Quality Section P.O. Box 29535, Rdeigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I ,77 ---'/ HwNw l` 1.0^��5 J fit WWI. { r ,ey/l %rf ��'•:e A rN 9 0 T 0 " .,I:;;l 5 ---'I T N N N N C.. A avi. -.Alkw ........... • NNHN '.', 0 TO ',J35 N 4 ' ice.. f� 0 T 0 AlAc, ���tt r. r, I I 7r• vi• �,W- ' a y� h p ,�'I ✓� "� ti V �. f " �„ • ��,, � r I fi tlI I P1 L'f. I`` b 4y \1 i Af�Y,4J� ' � ✓� SFP��Ol 052 NNNN \\ % py<«y : ƒ �f z�»;2 � `}�\� �� 2\ «�: � \: � \ � � � � �§� � \� � � �� �^ } , � y� � �y / . � \ �� \ �< \ d ' L`� ®` � .�7���®\\� :©�� w.» �� d� �� «\�% _ »«�� .�. m `4 Ilk I MI 5 - Jw 3 /.,-4*`_�d m mw '0 ",;;1 H S, N H N N !n. 0 T Cl / a » 40 � \2\. � �� �. z: ��� . Tr Aj. / r� - \> � \ � \` � \� \ .. . . \ \/; Ai Ar, AMA a ZAP ., i �/�fi (��MYFt�I'a: �'� ;� �� +; 4, i 4 .j t . .''If � . jM1, -. ,� a.:.� � _..n-�