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310349_HISTORICAL_20171231
NORTH CAHOLINA Department of Environmental Qual u Nutrient Management Plan For Animal Waste Utilization 06-26-2017 This plan has been prepared New Ground Farm (31-349) Benny Kennedy 1330 NC 241 Hwy 114 Pink Hill, NC 28572 f141 910-298-1092 /' for: 'let Vv �el ,full 252- /eveloper Signature This plan has been developed by: Ronnie G. Kennedy Jr. Agriment Services, Inc. PO Box 1096 Beulaville, NC 28518 Type of Plan: Nitrogen Only with Manure Only Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. /Z- --2 0d// 7 Signature er) Date Signature (manager or producer) Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By - 126 bf 11-7 Technical Specialist Signature Date -------------------------------------------------------------------------g--------- 531017 - Database Version 4.1 Date Printed: 06-26-2017 Cover Page 1 Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this.plan.— S7 Swine Feeder -Finish Lagoon Liquid waste.generated 2,269,296 gals/year by a 2,448 animal Swine Finishing Lagoon Liquid operation. This production facility has waste storage capacities of approximately 180 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 4090� Incorporated 4909 Injected �j' tiYi°490 Irrigated 4090 Max. Avail. Actual PAN PAN-Siirplus/ Actual Volume Volume Surplus/ PAN (lbs) * Applied (lbs) Deficit (lbs) Applied (Gallons) Deficit (Gallons) Year 1 4,090 4986 -896 2,766,292 -496,996 Year 2 4,090 5240 -1,150 2,906,939 -637,643 Not-------1n-----source--1D-,-S----means-- sta--nda-_ -rd--source----,-U--me--an--s --user--de--fi-ne-d--sou---rce. --------------------------- e: * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 531017 Database Version 4.1 Date Printed: 06-26-2017 Source Page I of 1 9 • • ® Narrative 6/26/2017 UPDATED WETTABLE ACRES AND CHANGED FIELD CROPS. 10/ 1 /2001 THIS PLAN IS A REVISION OF THE 12/9/98 PLAN COMPLETED BY RONNIE G. KENNEDY JR OF AGRIMENT SERVICES INC. THIS PLAN DEPICTS THE WETTABLE ACRES ON THE FARM AND DISPLAYS THE SAME IN THE CALCULATION TABLES. NOTE THIS PLAN WILL NOT BECOME EFFECTIVE UNTIL OCT 1, 2001. FIELD 4 WILL BE CONVERTING FROM CROPLAND TO HAYLAND THE FIRST AVAILABLE DATES FOR THIS WILL BE SPRING OF 2002 UNLESS A LATE HARVEST FOR THE LAST CROP OCCURS.(REGULATORS SHOULD TAKE NOTE) IT IS PERMISSABLE FOR OTHER WINTER ANNUAL CROPS TO BE PLANTED IN PLACE OF TYPICAL WHEAT SUCH AS RYE GRASS, RYE GRAIN, BARLEY AND OATS. FIELDS DENOTED WITH HW ARE TO BE UTILIZED BY 14ONEYWAGON (HONEYWAGON CERTIFICATION FORM ENCLOSED). FIELD 4 IS COMPUTED IN THE TABLES TO BE WETTED WITH THE EXISTING HARD HOSE TRAVELER SYSTEM; HOWEVER, IT IS MORE ® PRACTICAL, WITH DITCHES PRESENT AND HIGH MGT. AREAS IN THE WAY OF THE TEMPORARY PIPE, TO IRRIGATE WITH HONEY WAGON. NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE, EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. KENNEDY PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. ----------------------------------------------------------------------g--- - - - - -- 53l017 Database Version 4.1 Date Printed: 06-26-2017 Narrative Pa e 1 of 1 The table shown below provides a summary of the crops or rotations included in this plan for each field. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for each field is shown, 0 where available. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE 5773 FI(HW) 1.26 1.09 NIA Autryville Corn, Grain 85 bu. Wheat, Grain 45 bu. Soybeans, Manured, Double Crop 25 bu. 5773 F2(HW) 0.54 0.43 N/A Auayville Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 5.5 Tons 5773 F2(Sprink) 1.71 1.24 N/A Autryville Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 5.5 Tons 5773 Pull 1 2.18 1.89 N/A Foreston Corn, Grain 120 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 34 bu. 5773 Pull 2 3.66 3.18 NIA Foreston Corn, Grain 120 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 34 bu. 5773 Pull 3A 1.40 I.20 N/A Woodington Corn, Grain l 10 bu. Wheat, Grain 50 bu. Soybeans, Manured, Double Crop 29 bu. 5773 Pull 3B 1.57 1.45 N/A Autryville Small Grain Overseed 1.0 Tons Hybrid Bennudagrass Hay 5.5 Tons 5773 Pull 4A 1 2.43 2.10 N/A Woodington Corn, Grain 110 bu. Wheat, Grain 50 bu. Soybeans, Manured, Double Crop 29 bu. 5773 Pull 4B 2.76 2.54 N/A Autryville Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 5.5 Tons 5773 Pull SAB 3.92 3.38 N/A Woodington Corn, Grain 110 bu. Wheat, Grain 50 bu. Soybeans, Manured, Double Crop 24 bu. 5773 Pull 5C 1.35 1.24 NIA Autryville Small Grain Overseed 1.0 Tons Hybrid Bermudagrass Hay 5.5 Tons 5773 Pull 6 6.08 5.24 N/A Woodington Corn, Grain 110 bu. Wheat. Grain Soybeans, Manured, Double Crop tQ PLAN TOTALS: 28.91 24.98 531017 Database Version 4.1 Date Printed 6/26/2017 PCs Page 1 of 2 NOTE: Symbol * means user entered data. 0 • • LI :;Poieniial.Leachin ' ° s Technical.Guidance < 2 Low potential to contribute to soluble None nutrient leaching below the root zone. >= 2 & Moderate potential to contribute to Nutrient Management (590) should be planned. <_ 10 soluble nutrient leaching below the root zone. High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that improve nutrient leaching below the root zone. the soils available water holding capacity and improve nutrient use efficiency should be > 10 considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long -Term No -Till (778), and edge -of -field practices such as Filter Strips (393) and Riparian Forest Buffers (391). 531017 Database Version 4.1 Date Printed 6/26/2017 PCS Page 2 of 2 NOTE: Symbol * means user entered data. 0 0 0 The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Year 1 Tract Field Source ID Soil Series Total Acres use. Acres Crop RYE AppGc Period Nitrogen PA Nutrient Reqd (lbs/A) Comm Fort. Nutrient Applied (lbs/A) Res. Obs/A) Appiic Method Manua: PA Nutrient Applied (lbs/A) Liquid ManureA pplied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N ]000 gal/A Tons 1000 gals tons 5773 FI(HW) S7 utryville 1.26 I.09 Com, Grain 85 bu. 2/15-6/30 104 0 20 lrrig 84 46.60 0.00 50.90 0.00 5773 F1(HW) S7 Autryville 1.26 1.09 Wheat, Grain 45 bu. 9/1-4/30 104 0 0 Irrig. 52 28.85 0.00 31.45 0.00 5773 F2(HW) S7 Autrywille 0.59 0.43 Small Grain Ovcrsad 1.0 Tans 10/1-3/31 50 0 0 brig. 5 27.74 0. 11.93 0.0 5773 F2(HW) S7 uuyville 0.59 0.43 Hybrid Bermudagrass Hay 5.5 Tons 311-9/30 269 0 0 Irrig. 269 149.24 0.00 64.17 0.00 5773 (Sprink S7 Autryville 1.71 1.24 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig, 50 27.74 0.00 34.40 0.0 5773 (Sprink S7 Autryville 1.71 114 Hybrid Bermudagmss Hay 5.5 Tons 311-9130 269 0 0 brig. 26 149.241 0.00 185.05 0.0 5773 Pull I S7 Foreston 2.18 1.89 Corn, Grain i20 bu. 2115-6/30 137 1 0 20 Irrig, 117 64.91 6.00 122.68 0.0 5773 Pull 1 1 S7 Foreston 1 2.18 1.89 Wheat, Grain 55 bu. 9/1-4/30 115 0 0 Irrig. 58 31.90 0.0c 60.29 0.00 5773 Pull 2 S7 Foreston 3.66 3.18 Cam, Grain 120 bu. 2/15-6/30 137 0 20 Irrig. 117 64.91 0,00 206.41 0100 5773 Pull 2 S7 Foreston 3.66 3.18 Wheat, Grain 55 bu. 9/1-4/30 115 0 0 Irrig. 58 31.90 0.00 101,44 0.00 5773 Pull 3A S7 Woodington 1.40 1.20 Corn, Grain 110 bu. 2115-6/30 119 0 20 hTig. 99 54.92 0.00 65.91 0.00 5773 Pull 3A S7 Woodington 1.40 1.20 Wheat, Grain 50 bu. 9/1-4/30 96 0 0 Irrig. 48 26.63 0.00 31.96 0.00 5773 Pull 3B S7 Autryville 1.57 1.45 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig. 50 27.74 0.00 40.22 0.00 5773 Pull 3B S7 Autryville 1.57 1.45 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig, 269 149.24 0.00 216.39 0.00 5773 Pall 4A S7 Woodington 2.43 2.10 Com, Grain 110 bu. 2/15-6/30 119 0 20 Irrig. 99 54.92 0.00 115.34 0.00 5773 Pull 4A S7 Woodington 2.43 2.10 Wheat, Grain 50 bu. 911-4130 96 0 0 Irrig. 4$ X63 0.00 55.92 0.00 5310 i 7 Database Version 4.1 Date Printed: 6/26/2017 WUT Page I of 4 Waste Utilization Table Year 1 Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE Applic, Period Nitrogen PA Nutrient Rego (hbs/A) Comm. Fert. Nutrient Applied (lbs/A) Res. (lbs/A) Applic, Method Manure PA Nutrient Applied (lbs/A) Liquid ManureA pphed (a-) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N 1000 gal/A Tons 1000 gals tons 5773 Pull 4B S7 Autryville 2.76 2.54 Small Grain Overseed 1.0 Tons 1011-3/31 50 0 0 Irrig. 50 27.74 0.00 70.46 0.00 5773 Pull 413 S7 unyville 2.76 2.54 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.24 0.00 379.06 0.00 5773 Pull 5AB S7 Woodington 3.92 3.38 Corn, Grain 110 bu. 2/15-6130 119 0 20 Irrig, 99 54.92 0.0 185.64 0.00 5773 Pull 5AB S7 Woodington 3.92 3.38 Wheat, Grain 50 bu. 9/1-4/30 96 0 0 Irrig. 48 26.63 0.00 90.01 0.00 5773 Pull 5C S7 Autryville 1.35 1.24 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig. 50 27.74 0.00 34.40 0.00 5773 Pull 5C S7 AuUyville 1.35 1.24 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.241 0.00 185.051 0.00 5773 Pull 6 S7 Woodington 6.08 5.24 Corn, Grain 110 bu. 2/15-6/30 119 0 20 Irrig. 99 54.92 0.00 287.80 0.00 5773 Pull 6 S7 oodington 6.08 5.24 Wheat, Grain 50 bu. 9/1-4/30 96 0 0 Irrig. 48 26.63 0. 139.54 0.00 Total Applied, 1000 gallons 2,766.29 L012 Total Produced, 1000 gallons 2,269.3 2" Balance, 1000 gallons 497.00 'f'`ss Total Applied, tons°..rpY�j�'xt Pp �u 0.00 Total Produced, tons er�' 0.00 Balance, tons 4 ti -- 0.00 Notes: 1. In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 5316 Database Version 4.1 Date Printed: 6/26/2017 WUT Page 2 of 4 Waste Util lotion Table *Yeal-2 0 Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE AppLG Period Nitrogen PA Nutrient Reqd (lbs/A) Comm. Felt. Nutrient Applied (lbs/A) Res. (lbs/A) App5c, Method Manure PA Nutrient Applied (lbs/A) Liquid ManureA pphod (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N 1000 gal/A Tons 1000 gals tons 5773 F1(HW) S7 Autryville 1.26 1.09 Wheat, Grain 45bu. 9/IA/30 104 0 0 Irrig. 52 28.85 0.00 31.45 0.00 5773 F1(HW) S7 Autryvillc 1.26 1.09 Soybeans, Manured, Double Crop 25 bu. 4/1-9/15 100 0 0 Irrig. 100 55.48 0.00 60.471 0.0 5773 F2(HW) S7 Autrille 0.59 0.43 Small Grain Overseed 1.0 Tons t0/1-3/31 50 0 0 Irrig. 50 27.74 0.00 11.93 0.00 5773 F2(HW) S7 Autryville 0.59 0.43 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.241 0.00 64.17 0.00 5773 (Sprink ST Autryville 1.71 1.24 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig, 50 27.74 0-00 34.40 0.00 5773 (Sprink S7 Autrywille t.71 1.24 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.24 0.00 185.05 0.00 5773 Pull I S7 Foreston 2.18 1.89 Wheat, Grain 55 bu. 9/14/30 115 0 0 Irrig. 58 31.90 0.00 60.29 0.00 5773 Pull 1 S7 oreston 2.18 I.89 Soybeans, Manured, Double Crop 34 bu. 4/1-9/15 133 0 0 Irrig. 1 133 73.79 0.00 139.46 0.00 5773 Pull I S7 Foreston I 3.66 3.18 Wheat, Grain 55 bu. 9/1-4/30 115 0 0 Irrig. 58 3t.90 0.00 I01.44 0.00 5773 Pull 2 S7 oreston 3.66 3.18 Soybeans, Manured, Double Crop 34 bu. 4/1-9/t5 133 0 0 brig. 133 73.79 OM 234.64 0.0 5773 Pull 3A S7 oodington 1.40 1.20 Wheat, Grain 50 bu. 9/1-4/30 96 0 0 Irrig. 48 26.63 0.00 31.96 0.0 5773 Pull 3A i S7 oodington I 1.40 1.20 Soybeans, Manured, Double Crop 29 bu. 4/1-9/15 112 0 0 trig. 112 62.14 0.00 74.56 0.0 5773 Pull 3B S7 utryville 1.57 1.45 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig 50 27.74 0.00 40.22 0.0 5773 Pull 3B i S7 utryville I 1.57 1.45 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.24 0.00 216.39 0.00 5773 Pull 4A S7 Woodington 2.43 2.10 Wheat, Gtain 50 bu. 9/14/30 96 0 0 Irrig. 48 26.63 0.00 55.92 0.00 5773 Pull 4A I S7 Woodington 2.43 2.10 Soybeans, Manured, Double Crop 29 bu. 4/1-9/15 112 0 0 [frig. 112 62.14 0.00 130.48 0.0 5773 Pull 413 I 37 Autryvillc I 2.76 2.54 Small Grain Overseed 1.0 Tons t0/1-3/31 50 0 Q 1 Irrig. 50 27.74 0.00 70.46 0.0 5773 Pull 48 S7 Autryville 2.76 2.54 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9/30 269 0 0 Irrig. 269 149.24 0.00 379.06 0.00 5773 Pull 5AB S7 Woodington 3.92 3.38 Wheat, Grain 50 bu. 9/14130 96 0 0 Irrig. 48 26.63 0.00 90.01 0.00 5773 Pull 5AB S7 Woodington 3.92 3.38 Soybeans, Manured, Double Crop 29 bu. 4/1-9/15 112 0 0 Irrig. 112 62.14 0.00 210.02 0.00 5773 Pull 5C S7 utryville 1.351 1.24 Small Grain Overseed 1.0 Tons 10/1-3/31 50 0 0 Irrig. 50 27.74 0.001 34.401 0.00 5773 Pull 5C S7 Autryville 1.35 1.24 Hybrid Bermudagrass Hay 5.5 Tons 3/1-9130 269 0 0 Irrig. 269 149.24 0.00 185.05 0.00 531017 Database Version 4.1 Date Printed: 6/26/2017 WUT Page 3 of 4 Waste Utilization Table Year 2 Nitrogen Carnet Res. Manure Liquid Solid Liquid Solid PA Fert. (lbslA) PA ManureA Manure Manure Manure Nutrient Nutrient Nutrient pplied Applied Applied Applied Regd Applied Applied (acre) (acre) (Field) (Field) (lbsIA) (lbslA) (1bs/A) 1000 Source Total Use. Applic. Applic, Tract Field ID soil Series Acres Acres Crop RYE Period N N N Method N ga11A Tons 1000 gals tons 5773 Pull 6 S7 Woodington 6.08 5.24 Wheat, Grain 50 bu. 9114130 96 0 0 Irrig, 48 26.63 0.00 139.54 0.00 5773 Pull 6 S7 Woodington 6.08 5.24 Soybeans, Manurod, Double Crop 29 bu. 411-9/15 112 0 0 Irrig. 11 62.14 0. 325.59 0.00 Total Applied, 1000 gallons 2,906.94. Total Produced, 1000 gallons 2,269.3i:*}j:,-t+� Balance, 1000 gallons -637,64 ri f Total Applied, tons';'lr;�,,F 0.04 Total Produced, tons Wiz; Xf �, 0.00 Balance, tonsy 0.00 Notes- 1. In the tract column, — symboI means leased, otherwise, owned. 2. Symbol * means user entered data. 5316 Database Version 4.1 Date Printed: 6/26/2WUT Page 4o 4 The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with soi Is. If applying waste nutrients through an irrigation system, you must apply at a rate that will not result in runoff. This table provides the maximurn application rate per hour that may be applied to each field selected to receive wastewater. It also lists -the' maximum -application amount that each field may receive in any one application event. Irrigation Application Factors Tract Field - --Soil Series - - Application Rate (incheAour) Application Amount (inches) 5773 FI(HW) Autryville 0.60 1.0 5773 F2(HW) Autryville 0.60 1.0 5773 F2(Sprink) Autryville 0.60 1.0 5773 Pull Foreston 0.50 1.0 5773 Pull Foreston 0.50 1.0 5773 Pull3A Woodington 0.40 1.0 5773 Pull3B Autryville 0.60 1.0 5773 Pull4A Woodington 0.40 1.0 5773 Pull4B Autryville 0.60 1.0 5773 Pull5AB Woodington 0.40 1.0 5773 Pull5C Autryville 0.60 1.0 5773 Pull Woodington 0.40 1.0 0 • 531017 Database Version 4.1 Date Printed 6/2612017 IAF Page 1 of I NOTE: Symbol * means user entered data. r� The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations for each source, the number of animals in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be used for sludge application. If this is not possible, care should betaken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high- phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PA-N Rate Iblac Maximum Sludge Application Rate 1000 gal/ac Minimum Acres 5 Years Accumulation Minimum Acres 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Com 120 bu 150 14.69 27.50 55.00 82.50 Hay 6 tan R.Y.E. 300 29.38 13.75 27.50 41.25 Soybean 40 bu 160 15.67 25.78 51.56 77.34 -------------------------------------------------------------------------------g---g--------- 531017 Database Version 4,1 Date Printed: 06-26-2017 Sludge Page 1 of 1 The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated. The start date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. If the available storage capacity is greater than the design storage capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated, If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Available Waste Storaae Canacity Source Name Swine Feeder -Finish Lagoon Liquid Design Storage Capacity (Days) Start Date 09/15 180 Plan Year Month Available Storage Capacity (Days) 1 1 62 1 2 73 1 3 96 1 4 124 1 5 151 1 6 18o 1 7 174 1 8 168 1 9 171 1 10 161 1 11 162 1 12 160 2 1 158 2 2 161 2 3 168 2 4 180 2 5 180 2 6 180 2 7 180 2 8 180 2 9 180 2 10 154 2 11 130 2 12 104 * Available Storage Capacity is calculated as of the end of each month. ----------------------------------------------------------------------------- . 531017 Database Version 4.1 Date Printed: 06-26-2017 CapacityPa e 1 of 1 0 Required Specifications For Animal Waste Management 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical © data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre peryear provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (see "Weather and Climate in North Carolina" for guidance). ------------------_-_--_---------------------------------------------------------- 53t017 Database Version 4.1 Date Printed: 6/26/2017 Specification Page 1 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. S. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is . applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. --'------------------------------------------------------------------------------ 531017 Database Version 4.1 • Date Printed: 6/26/2017 Specification Page 2 . 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed. areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where. considered appropriate. Lagoon areas should be kept mowed and r' 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. -------------------------------- -- - - -- -------------------------------------------- 531017 Database Version 4.1 Date Printed: 6/26/2017 Specification Page 3 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of 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 five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. is -------------------------------------------------------------------------------.. 531017 Database Version 4.1 - Date Printed: 6/26/2017 Specification Pape 4 0 . Crop Notes The following crop note applies to field(s): Pull 3A, Pull 4A, Pull 5AB, Pull 6 Corn 1: CP, Mineral Soil, low -leachable In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit. Review the Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young plants. An accepted practice is to apply 20-30 lbs/acre N and 20-30 lbs/acre phosphorus banded as a starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40 days after emergence. The total amount of N is dependent on soil type. When including a starter in the fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status of the corn. Timely management of weeds and insects are essential for corn production. The following crop note applies to field(s): Pull 1, Pull 2 Corn 1: CP, Mineral Soil, low -leachable In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit. Review the Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when © planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young plants. An accepted practice is to apply 20-30 lbs/acre N and 20-30 lbs/acre phosphorus banded as a starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40 days after emergence. The total amount of N is dependent on soil type. When including a starter in the fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status of the corn. Timely management of weeds and insects are essential for corn production. -----------------------------------------_-__-----------------------g----------- 531017 Database Version 4.1 Date Printed: 06-26-2017 CropNote Page 1 of 5 Corn: CP, Mineral Soil, medium leaching The following crop note applies to field(s): Fl(HW) . In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees Fahrenheit. Review the Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. PIant 1-2" deep. Plant populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young plants. An accepted practice is to apply 20-30 lbs/acre N and 20-30 lbs/acre phosphorus banded as a starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40 days after emergence. The total amount of N is dependent on soil type. When including a starter in the fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status of the corn. Timely management of weeds and insects are essential for corn production. Ttie following crop note applies to field(s): F2(HW), F2(Sprink), Pull 313, Pull 4B, Pull 5C Bermudagrass Coastal Plain, Mineral Soil, Moderately Well Drained. Adaptation: Well -adapted. In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. I to Mar. 31. Cover sprigs I" to 3" deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing • conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced 1' to 1.5' in row. For broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micronutrients to apply preplant and for annual maintenance. Apply 60 to 100 Ib/ac N in the establishment year in split applications in April and July. For established stands apply 180 to 240 Ib/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for more information or consult your regional agronomist or extension agent for assistance. __________________________________________________________________-__________ 531017 Database Version 4.1 Date Printed: 06-26-2017 CropNote Page 2 of 5 0 The following crop note applies to field(s): F2(HW), F2(Sprink), Pull 3B, Pull 4B, Pull 5C Small Grain: CP, Mineral Soil, medium leachable In the Coastal Plain, oats and barley should be planted from October 15-October 30; and rye from October 15-November 20. For barley, plant 22 seed/drill row foot and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Oats should be planted at 2 bushels/acre and rye at 1-1 1/2 bushels/acre. Plant all these small grains at 1-1 1/2" deep. Adequate depth control is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 Ibs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. The following crop note applies to field(s): Pull 3A, Pull 4A, Pull 5AB, Pull 6 Wheat: Coastal Plain, Mineral Soil, low -leachable In the Coastal Plain, wheat should be planted from October 20-November 25. Plant 22 seed/drill row foot at 1-1 1/2" deep and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current,NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Adequate depth control when planting the wheat is essential. Review the NCSU Official Variety © "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. The total N is dependent on the soil type. Plant samples can be analyzed during the growing season to monitor the nutrient status of the wheat. Timely management of diseases, insects and weeds are essential for profitable wheat production. The following crop note applies to field(s): Pull 1, Pull 2 Wheat: Coastal Plain, Mineral Soil, low -leachable In the Coastal Plain, wheat should be planted from October 20-November 25. Plant 22 seed/drill row foot at 1-1 1/2" deep and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Adequate depth control when planting the wheat is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 Ibs/acre N at planting. Phosphorus and potash recommended by a soil test can also be applied at this time. The remaining N should be applied during the months of February -March. The total N is dependent on the soil type. Plant samples can be analyzed during the growing season to monitor the nutrient status of the wheat. Timely management of diseases, insects and weeds are essential for profitable wheat production. -------------------------------------------------------------------------------- 531017 Database Version 4.1 Date Printed: 06-26-2017 CropNote Page 3 of 5 The following crop note applies to field(s): F1(HW) Wheat: Coastal Plain, Mineral Soil, medium leachable 0 In the Coastal Plain, wheat should be planted from October 20-November 25. Plant 22 seed/drill row foot at 1-1 1/2" deep and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Adequate depth control when planting the wheat is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting. Phosphorus and potash recommended by a soil test report can also be applied at this time. The remaining N should be applied during the months of February -March. The total N is dependent on the soil type. Plant samples can be analyzed during the growing season to monitor the nutrient status of the wheat. Timely management of diseases, insects and weeds are essential for profitable wheat production. The following crop note applies to field(s): Pull 3A, Pull 4A, Pull 5AB, Pull 6 Double -Crop Soybeans, Coastal Plain: Mineral Soil, low -leachable Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th. When no -tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 2-4 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 8-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -till planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can be applied to the wheat in the Fall. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-30 lbs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. The following crop note applies to field(s): Pull 1, Pull 2 Double -Crop Soybeans, Coastal Plain: Mineral Soil, low -leachable Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th. When no -tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 2-4 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 8-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -till planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can be applied to the wheat in the Fail. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-30 lbs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. -------------------------------------------------------------------g------------- 531017 Database Version 4.1 Date Printed: 06-26-2017 CropNote Page 4 of 5 0 C_7 The following crop note applies to field(s): F1(HW) Double -Crop Soybeans, Coastal Plain: Mineral soil, medium leachable Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th. When no -tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 24 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 8-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -till planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can -be applied to the wheat in the Fall. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-30 Ibs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. -------------------------------------------------------------------------------- 531017 Database Version 4.1 Date Printed: 06-26-2017 CropNote Page 5 of 5 i • • 6/26/2017 Benny Kennedy Acreage Calculations Section Crop Pull Width Length Lane Lane Acres Start End Start End Stop End Stop End Total Total Total Pull # Crop Spacing Spacing % (midsection) Table ac. Table ac. Pull Acres Pull Acres Pull Acres 1 c/w/sb 285 113 230 81% 0.67 EE80 B 0.670 EE80 G 0.550 1.89 1.89 1.89 2 c/w/sb 285 332 230 81% 1.96 EE80 (B) 0.670 EE80 (G) 0.550 3.18 1 3.18 3.18 3a clw/sb 285 291 230 81% 1.72 EE80 B 0.670 n/a 0.000 . 1.20 1.20 2' *Half Pull* *Half Pull* 3b bh/sg 285 396 230 81% 2.34 n/a 0.000 EE80 (G) 0.550 1.45 1.45 4a c/wlsb 285 279 1 230 1 81% 1.47 E180 $ 0.630 n/a 0.000 2.10 2.10 2.54 4.64 4b I bh/sg 1 285 382 230 81% 2.02 n/a 0.000 E180 (G) 0.520 2.54 5a c/wlsb 285 286 230 81% 1.51 E180 B 0.630 n/a 0.000 2.14 3.38 5b c/w/sb 285 370 230 81% 1.95 n/a 0.000 E180 G 0.520 1.24 4.61 *Half Pull* Sc bh/sg 285 370 230 81% 1.95 n/a 0.000 E180 (G) 0.520 1.24 1.24 *Half Pull* 6 Ic/w/sbl 285 680 230 81% 4.02 EE80 $ 0.670 EE80 G 0.550 5.24 6.24 6.24 F2 SPRINKERS 1.24 F2 HONEY WAGON AREAS 0.43 F1 HONEY WAGON AREAS 1.09 Total Pull Acres: 24.96 Page 1 FIELD 1 >> , 1r� �F � FIELD 4 FIELD 2 _______________�� `�, air i 1 Ir J� BENNY KENNEDY FARM (31-3491 J _ 6/26/2017 4:45:30 PM, 1:300 FIELD 3 �fa.r o o 0 FIELD 3A ,I ,/ 0 December 30, 2016 Benny Kennedy New Ground Farm Facility 431-349 1330 NC Hwy 241 Pink Hill, NC 28572 December 23, 2016 John Farnell, Wilmington Regional Supervisor Division of Water Resources, NCDEQ 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: NOV-2016-PC-0537 Dear Mr. Farnell: RECEIVED/NCDENR/DWR JAI 0-3- 2017 Water Quality Regional Operations Section Wilmington Regional Office This memo is to address the Notice of Violation letter received by me on December, 19 2016. Please accept the following information for corrective actions. Violation 1: The leak was contained to the farm and drainage pipe repaired. See attached photo. We plan to make every effort to keep this from Napping again. Violation 2: I will make every effort to minimize the application time to avoid excessive pumping or runoff. Fields will be closely monitored to prohibit future ponding during application events. Violation 3: As recommended by the Regional Agronomist I plan to re -sprig in the spring of 2017. I also have been working on cropland field and plan to plant as soon as weather permits. Violation 4: In the future (weather permitting) i plan to pump lagoon lower in summer time. Violation 5: In the event of ponding or failed waste management system I will notify DWR staff within 24 hours of the event. In conclusion all efforts are being made to get back in compliance and stay there. Although with the current weather condition it has been very difficult. I plan to do a better job managing my farm and stay in close contact with Agriment Services for advice and to keep DWR informed of my progress. Sincerely, Benny Kennedy Owner/Operator ' 4 d ca. w'^i��,-.ir-8W, .+'� _ �S \� . '} w 1e+� ac. .il��'�) sb � : •a�. ' �� • .�� "''- . . ; ' ` 1 �h, � �� .e��.1 X,`1. t4S1�•� . Y .rf� 4 rM+ _ 7i. �i.a � �+ Ij ;,J `W,x'71 � }.� + .,_ ` ;1i r .w.°r.-�`�'I� s !, f'h � �J+a '` 1 ; •' '' �� ' �,y l ,� �1a� k� y ri3�� 1, ttiJ ��. r'Pllr+r YY. f,� jq •y �,,i� v ' "4 � "l'� 1, sj 'y ' .ti `� �`a ��,µ� �'ar , ��►�' ._r• l' r� r. ''tf :'�3 yy - � `.� - ,, ��F - �y�F. � ��' 1. ,I ._ ,.� r ir�l+. ,s � / ti - - it _ .r ,•/� ..r5• �- � �- `.I.��'�I ,�Y99,,,!��1 T•�,•�� �: � ,('� �,A\ w-�e '� ,•J�' ��• .\,-'� '�I!!''• 1�r � .,e� "' ti - r - "Y' f �13's-r:,;'S� J.. , z°a �?r ♦ 11V�1 a .d. v',. �;�' ;. _��� "i - 1``tt � n ', ti r.A ri"t,r'L e,s r `•} �' �'S. �` ••p�_'1 -•��,1 -. .. '�.FIr+,. �y� yy� '1,' �• }�. ' ' r r 9f°��•"*. " •a'-!•R, fl,J- ?�`J S',i J� '�1:�„�i •. ff�7C} � ; .• �,'. '�:� Sit.' ,� • `. I � 1. - '�`% 3 1E•A r� J.x All yu f.� , r � .•�'- f� i i ` w r - � 4 1 - � !pp 1 � a�,FJ ;+�yJI;�g r„ 4 J..r �, -{,yip A .tii~�'_,,lfrlt,'l,•ihf �j•' ` Lw- t� ya?� d� t� �9 rp.•_: _1� w:l� �'{ •- y 1 T:T_�' ''- � f� _ , # �,- �` i �, _ t'}�1� F e:. .'i A!r +.,. 1 f'i . 1Vl ''; , 1!.i ` •a.�„ '� J Postal Service,:,; RTIFIFn MAILT., RECEIF ru S Ir rr1 r= 1 r� Postage $ r-q 1 Gertitied Fee fU Postmark EllRetum 0 Receipt Fee (Endorsement Required) Here U Restricted Delivery Fee (Endorsement Required) O M —D Total Postage & Fees ru i1 z`1 1~ ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, } or on the front if space permits. 1. Article Addressed to: Xe"ll /I t I /33D 2- � 4 Agent by (Prrnred Narr)ey'y'� of Delivery D. !s elivery address aifferentTram . Yes if ES, enter delivery address low Ll No �Ps- 3. Se ice Type ertified Mails ❑ Priority Mail Express'" 11 Registered ❑ Retum Receipt for Merchandise i7 Insured Mail I] Collect on Delivery 4. Restricted Delivery?YExtra Fee) 0 Yes t• /TansfrfrolV'E 701t3 26311 01102 11,33 7942 {Transfer from service label} PS Form 3811, July 2013 Domestic Return Receipt PAT MCCRORY DONALD R. VAN DER VAART Water.Re5ources 5MYlR0NMENTAL QUALITY November 28, 2016 CERTIFIED MAIL #7013 2630 0002 1133 7942 RETURN RECEIPT REQUESTED Benny Kennedy New Ground Farm Facility No. 31-349 1330 Hwy NC 241 Pink Hill, North Carolina 28572 Subject: NOTICE OF VIOLATION NOV-2016-PC-0537 Administrative Code 15A NCAC 2T .1304 New Ground Farm Facility 31-349, Permit No. AWS310349 Duplin County Dear Benny Kennedy: Sccrerar), S. JAY ZIMMERMAN Oirecloe- On October 25, 2016, staff of the North Carolina Division of Water Resources (DWR) inspected the New Ground farm and the permitted waste management system. As a result of these inspections, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in maintaining the collection, treatment, and storage facilities in accordance with Condition I1. 1 of the Swine Animal Waste Operation State Non -Discharge General Permit No. AWG 100000. On October 25, 2016, DWR staff inspected the New Ground facility and found a failing drainage pipe from swine house one (1) to the lagoon. Animal waste was leaking onto the ground behind the building and running into a grassed waterway. Page 1 of 3 Benny Kennedy Facility 31-349' November 28, 2016 Required Corrective Action for Violations: You are required to provide a written response and all required documentation to this Notice by December 30, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If you have any questions concerning this Notice, please contact John Farrell at (910)796-7388. Sincerely, \A Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District DWR Wilmington Animal Files 31-349 Geno Kennedy, Agriment Services G:IWQ1SharedIANIMALSIDUPLM016\31-349NO V Farnell, John From: Jonathan Miller<agrimentservicesjmiller@yahoo.com> Sent: Monday, November 21, 2016 11:03 AM To: Farnell, John Subject: Benny Kennedy Address Here is the address I have on Benny Kennedy: 1330 Hwy NC 241 Pink Hill, NC 28572 Thanks, Jonathan K. Miller Agriment Services Inc. Office: (252) 568-2648 Fax: (252) 568-2750 Cell: (910) 289-0393 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 9I20120i6 1. Structure Name/Identifier (ID): I Benny Kennedy - FN: 31-349 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 18.5 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 0.5 inches d. top of dike -surface area according to design (area at below structural freeboard elevation) 57575 ft2 e. line G12 x line d x 7.48 gallons/fts 17944 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 80705 ft3 h. current herd #F---24-4-81 certified herd #1 2448 actual waste produced = current herd # x line g = 80705 ft' certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 5/15/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ©ft3 35000 ft3 144246 gallons 1.84 Ibs/1000 gal. 298.4 lbs. PAN PoA (30 Day) 2/21 /00 9/20/2016 IL TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Benny Kennedy line m = 298.4 lb PAN 2. Structure ID: line In = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n.lines 1+2+3+4+5+6= 298.4lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT SE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q_ crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u, application window' 5773 1 Small Grain 4.47 50.00 223.5 10/1-3/31 5773 2 Small Grain 1.24 50.00 62.0 10/1-3/31 5773 1,2 hw Small Grain 1.72 50.00 86.0 1011-3131 5773 3,3A Wheat 19.50 104.00 2028.0 9/1-4/30 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 2399.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line In from section II) = 298.4 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 2399.5 lb. PAN y. Overall PAN balance (w - x) = -2101 lb. PAN PoA (30 Day) 2/21 /00 9/20/2016 a� Line y must show as a deficit. if line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. PoA (30 Day) 2/21100 9/20/2016 PAT MCCRORY Gorernar DONALD R. VAN DER VAART EPMRONTIENIAL QUALITY November 9, 2016 CERTIFIED MAIL #7014 2120 0000 8057 8993 RETURN RECEIPT REQUESTED Benny Kennedy New Ground Farm Facility No. 31-349 238 Kennedy Ln Pink Hill, North Carolina 28572-8572 Subject: NOTICE OF VIOLATION NOV-2016-PC-0537 Administrative Code 15A NCAC 2T .1304 New Ground Farm Facility 31-349, Permit No. AWS310349 Duplin County Dear Benny Kennedy: Secretary S. ]AY ZIMMERMAN Urresmr On October 25, 2016, staff of the North Carolina Division of Water Resources (DWR) inspected the New Ground farm and the permitted waste management system. As a result of these inspections, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .I304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in maintaining the collection, treatment, and storage facilities in accordance with Condition II. 1 of the Swine Animal Waste Operation State Non -Discharge General Permit No. AWG 100000. On October 25, 2016, DWR staff inspected the New Ground facility and found a failing drainage pipe from swine house one (1) to the lagoon. Animal waste was leaking onto the ground behind the building and running into a grassed waterway. Page 1 of 3 Benny Kennedy Facility 31-349 November 9, 2016 Violation 2: Failure in maintaining land application rates to not result in excessive ponding in accordance with the facilities CAWMP and Condition II. 5 of the Swine Animal Waste Operation State Non - Discharge General Permit No. AWG100000. On October 25, 2016, DWR staff inspected the New Ground facility and found animal waste ponding in the field located beside swine house two (2). Violation 3: Failure in maintaining a vegetative cover on all land application fields in accordance with Condition I1. 2 of the Swine Animal Waste Operation State Non -Discharge General Permit No. AWG100000. On October 25, 2016, DWR staff inspected the New Ground facility and found inadequate vegetative cover on spray irrigation fields. On September 22, 2016, DWR staff routinely inspected the New Ground facility and also noted inadequate vegetative cover on spray irrigation fields at that time. Violation 4: Failure in maintaining the maximum waste level in lagoon/storage pond in accordance with the facilities CAWMP and Condition V. 2 of the Swine Animal Waste Operation State Non - Discharge General Permit No. AWG100000. On September 20, 2016, the Wilmington Regional Office received a Plan of Action (PoA) for the New Ground facility indicating a waste level in lagoon/storage pond of less than the facilities CAWMP and lagoon design. The level reported of eighteen and one half inches (18.5) was less than the required nineteen inches (19). Violation 5: Failure in notifying the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge any failure of the waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the waste and/or sludge and also of application of waste in excess of the limits set out in the CAWMP. On October 25, 2016, DWR staff at the Wilmington Regional Office had not received notification of the failed drainage pipe or of the spray application of waste that led to ponding from the New Ground facility. Benny Kennedy Facility 31-349 November 9, 2016 Required Corrective Action for Violations: You are required to provide a written response and all required documentation to this Notice by December 9, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. Sincerely, r �� C-Q,-r Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District DWR Wilmington Animal Files 31-349 Geno Kennedy, Agriment Services G:\WQ\Shared\ANIMALS\DUPLM016L31-349NOV PAT MCCRORY Gore€ror DONALD R. VAN DER VAART 14"aterResources ERVIRONMENTAL QUALITY November 9, 2016 CERTIFIED MAIL. #7014 2120 0000 8057 8993 RETURN RECEIPT REQUESTED Benny Kennedy New Ground Farm Facility No. 31-349 238 Kennedy Ln Pink Hill, North Carolina 28572-8572 Subject:NOTICE OF VIOLATION NOV-2016-PC-0537 Administrative Code 15A NCAC 2T .1304 New Ground Farm Facility 31-349, Permit No. AWS310349 Duplin County Dear Benny Kennedy: ti•��:.erar3, S. JAY ZIMMERMAN Direcror On October 25, 2016, staff of the North Carolina Division of Water Resources (DWR) inspected the New Ground farm and the permitted waste management system. As a result of these inspections, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in maintaining the collection, treatment, and storage facilities in accordance with Condition 11. 1 of the Swine Animal Waste Operation State Non -Discharge General Permit No. AWG100000. On October 25, 2016, DWR staff inspected the New Ground facility and found a failing drainage pipe from swine house one (1) to the lagoon. Animal waste was leaking onto the ground behind the building and running into a grassed waterway. Page 1 of 3 Benny Kgnnedy Facility 31-349 Novenitb� r 9, 2016 Required Corrective Action for Violations: You are required to provide a written response and all required documentation to this Notice by December 9, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If you have any questions concerning this Notice, please contact John Farrell at (910)796-7388. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District DWR Wilmington Animal Files 31-349 Geno Kennedy, Agriment Services G:IWQ1Shared\ANIMALSIDUPLINI2016\31-349NOV raw WAS 112— 0 7T 7 -Val Water Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Benny Kennedy New Ground Farm 238 Kennedy Ln Pink Hill, NC28572-8572 Dear Permittee, PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN RECEIVED/NCDENR/DWR Director July 8, 2016 JUL 14 2016 Water Quality Regional Wilmington Section Regional Ofce Subject: Notice of Deficiency New Ground Farm Permit Number AWS310349 Duplin County As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($ 2015PR007672 9/6/2015 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd - State of North Carolina I Environmental Quality I Water ResourcesAVatcr Quality Regional Operadons 1636 ;`fail sc vicc Ccute:r ; Ralcigli, Notth Cu oliva 27699-1636 919 807 6464 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 10/7/2015 1. Structure Name/Identifier (ID): I Benny Kennedy FN: 31-349 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 57575 ft2 e. line c/12 x line d x 7.48 gallons/W 35888 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 18D days g. volume of waste produced according to structural design 80705 ft3 h. current herd # 2448 certified herd #1 2448 actual waste produced = current herd # x line g = 80705 fts certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i +j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21 /00 �- �1ft3 l 3500�OJft3 144246 gallons 2.00 Ibs11000 gal. 360.3 lbs. PAN 101712015 rr Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and (haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN (based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. PoA (30 Day) 2/21/00 101712015 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Benny Kennedy line m = 360.3 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 360.3 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # P. field # q. crop r. acres s. remaining IRR 2 PAN balance (Iblacre) t TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 5773 1 Small Grain 4.47 50.00 223.5 10/1-3/31 5773 2 Small Grain 1.24 50.00 62.0 1011-3/31 5773 1,2 hw Small Grain 1.72 50.00 86.0 10/1-3131 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 371.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 360.3 lb. PAN x. Crop's remaining PAN balance (line v from Section 111) = 371.5 lb. PAN y. Overall PAN balance (w - x) = -11 lb. PAN PoA (30 Day) 2/21100 10/7/2015 r PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 9/29/2010 1. Structure Name/Identifier (ID): Benny Kennedy (FN: 31-349 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/W 3. Projected volume of waste liquid produced during draw down period 18.5 inches 19.0 inches 0.5 inches 57575 fe 17944 gallons f. temporary storage period according to. structural design 180 days g. volume of waste produced according to structural design 80705 ft3 h. current herd # 2448 certified herd # 2448 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 8/6/2010 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 80705 ft' ®ft3 35000 ft3 144246 gallons 1.50 Ibs/1000 gal. 243.3 lbs. PAN OCT 0 12010 PoA (30 Day) 2/21100 9/29/2010 V� II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Benny Kennedy line m = 243.3 lb PAN 2. Structure ID: 3. Structure ID: 4. Structure ID: 5. Structure ID: 6. Structure ID: line m = —lb PAN line rn = lb PAN line m = lb PAN line m = lb PAN line m = lb PAN n.lines 1+2+3+4+5+6= 243.3lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s c, application windows 5773 1 P1 Small Grain 2.96 50.00 148.0 10/1-3/31 5773 1 132 Small Grain 1.51 50.00 75.5 10/1-3/31 5773 3 P1 wheat 5.26 62.00 326.1 9/1-4/30 5773 3 P2 wheat 3.92 62.00 243.0 911-4/30 5773 3 P3 wheat 5.29 62.00 328.0 9/1-4/30 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1120.6 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 243.3 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1120.6 lb. PAN y. Overall PAN balance (w - x) = -877 lb. PAN PoA (30 Day) 2/21/00 9/29/2010 Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. PoA (30 Day) 2/21/00 9/29/2010 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31 - 349 County: Duplin Facility Name: New Ground Farm Certified Operator Name: Chris Turner Operator # 26079 1. Current liquid level(s) in inches as measured from the current liquid lever in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Name/Identifier (ID): BK1 Spillway (Yes or No): Level (inches): 2_ Check all applicable items NO 18.5 Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within. acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one or more structures..A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 11-14-2009 1 hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Benny Kennedy Facility Owner/Manager (print) Facility Owner/Manager (signature) PoA Cover Page 2/21100 Phone: (910) 298 - 4333 Date: 11-.12-2009 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PANTO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): I Benny Kennedy FN: 31-349 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.5 inches b. designed 25 yr.J24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 0.5 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 57575 ftz e. line c112 x line d x 7.48 gallonslfe 17944 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 80705 ft3 h. current herd # 2448 certified herd #1 2448 actual waste produced = current herd # x line g 80705 h' certified herd # i. volume of wash water according to structural design ©fV j. excess rainfall over evaporation according to design 35000 ft` k. (lines h + i + j) x 7.48 x 30 dayslline f= 144246 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 9/212009 1.60 lbsf1000 gal. m. ((lines e + k)11000) x line I = 259.5 lbs. PAN REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 11/12/2009 R IL TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Benny Kennedy line m = 259.5 lb PAN 2, Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line rn = lb PAN 5. Structure ID: line m = lb PAN 6, Structure ID: line m = lb PAN n.lines '1+2+3+4+5+6= 259.5lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p, field # q. Crop r. ,Cres s. remaining IRR 2 PAN balance (lbfacre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u, application window' 5773 1 P1) Small Grain 2.96 18.35 54.3 9/1-3131 57.73 2 P2 Small Grain 1.51 50.00 75.5 9/1-3/31 5773 3 P1 Winter Annaual 5.26 100.00 526.0 9/1-3131 5773 3(P2) Winter Annaual 192 100.00 392.0 911-3131 5773 3(P3) :Winter Annaual 5.29 100.00 529.0 9/1-3131 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 15761.8 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (lime n from section 11) = 259.5 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 1576.8 lb. PAN Y. Overall PAN balance (w. - x) = -1317' Ib. PAN PoA (30 Day) 2/21/00 11/12/2009 d Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump& haul and herd reduction options, recalculate new PAN based on new information_ If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted -facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility, PoA (30 Day) 2/21/00. 11/12/2009 tI 31-3q9 Nutrient Management Plan For Animal Waste Utilization 07-12-2001 This plan has been prepared for: New Ground Farm Benny Kennedy 238 Kennedy Lame Pink Hill, NC 28572 91 Q-298-8368 This plan has been developed by: Ronnie G- Kennedy Jr. Agriment Services, Inc. P4 Box 1096 Beulaville, NC 28518 252-568- perSignature Type of Plan: Nitrogen Only with Manure Only CO APR 0 9 Zoa9 Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. P0-7 /xj i /6ZZ ( �Simre-(014,er) Date Signature (manager or producer) Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. D Plan Approved By: d ethnical Specialist Signature Date ------_ -------------------- - ------------- --------- ------------- --- 561859 Database Version 1.06 Date Printed: 07-12-2001 Cover Page 1 RECEIVED 1 DENR r uvvu Agilifpr Prntertion Section APR 0 3 2009 Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan. S7 Swine Feeder Finish L oon Li uid waste generated 2,269,296 als/ ear by -a 2,448 animal Swine Finishing L2goon Liquid operation. This roduction faciRy has waste storage capacities of appro)dmately 180 Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 5230 Incorporated 8982 Injected 9891 Irrigated 5695 Actual PAN Applied Year 1 5954 Year 2 5739 Notes: In source ID, S means standard source, U means user defined source. 561858 Database Version 1-06 Date Panted: 07-12-2001 Source Page 1 --, Narrative ADDENDUM TO WASTE UTILIZATION PLAN: FACILITY NUMBER 3 I-349 FARM NAME: NEW GROUND FARM OWNER NAME: BENNY KENNEDY DESIGN CAPACITY: 2448 FEEDER TO FINISH THIS PLAN IS A REVISION OF THE 1219198 PLAN COMPLETED BY RONNIE G. KENNEDY JR OF AGRIMENT SERVICES INC. THIS PLAN DEPICTS THE WETTABLE ACRES ON THE FARM AND DISPLAYS THE SAME IN THE CALCULATION TABLES. NOTE THIS PLAN WILL NOT BECOME EFFECTIVE UNTIL OCT 1, 2001. FIELD 4 WILL BE CONVERTING FROM CROPLAND TO HAYLAND THE FIRST AVAILABLE DATES FOR THIS WILL BE SPRING OF 2002 UNLESS A LATE HARVEST FOR THE LAST CROP OCCURS.(REGULATORS SHOULD TAKE NOTE) IT IS PERMISSABLE FOR OTHER WINTER ANNUAL CROPS TO BE PLANTED IN PLACE OF TYPICAL WHEAT SUCH AS RYE GRASS, RYE GRAIN, BARLEY AND OATS. FIELDS DENOTED WITH HW ARE TO BE UTILIZED BY HONEYWAGON (HONEYWAGON CERTIFICATION FORM ENCLOSED). FIELD 4 IS COMPUTED IN THE TABLES TO BE WETTED WITH THE EXISTING HARD HOSE TRAVELER SYSTEM; HOWEVER, IT IS MORE PRACTICAL, WITH DITCHES PRESENT AND HIGH MGT. AREAS IN THE WAY OF THE TEMPORARY PIPE, TO IRRIGATE WITH HONEY WAGON. DUE TO THE DEFICIT NOTED IN THIS WUP MR. KENNEDY HAS THE FLEXIBILITY TO PLANT 3 ACRES OF TOBACCO EVERY OTHER YEAR IN THE AREA DEPICTED ON THE MAP AS FIELD 3, 3A. DURING THE YEARS TOBACCO IS UTILIZED NO CORN OR SOYBEANS WILL BE PLANTED IN THIS AREA DUE TO CROP PLANTING OVERLAP; HOWEVER, A WINTER ANNUAL WILL BE UTILIZED EACH YEAR REGARDLESS. NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE, EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. KENNEDY PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. ------------------------------------------------------------------------------------------------------------------------- Preview Database Version 1.0- Date Printed: 10-25-2001 Narrative Page 1 The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. 'This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Animal operations that generate liquid waste and utilize waste storage facilities (lagoons or holding ponds) may apply more or less waste in any given year than is annually generated by the facility. In order to determine whether the plan adequately utilizes the waste produced by the facility, the storage capacity table included in this plan should be reviewed to ensure that the design capacity of the storage facility is not exceeded during the planning period. Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over or under applied if animal waste is being utilized. Waste should be analyzed before each application cycle and annual soil tests are required if animal waste is being applied. Soil tests should be used to balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management plans may require that the application of animal waste be Limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detected in a field. Waste Utilization Table Year I Tract Field Source I.D. Soil Series Total Acre Use. Acres Crop RYE RYE Unit Applic. Period Nitrogen PA Nutrient Req'd N Comm. Fert. Nutrient Applied Res. (lbs/A) N Applic. Method Manure PA Nutrient, Applied Liquid Manure Applied (acrc) Solid Manure Applied (am) Liquid Manure Applied (Field) Solid Manure Applied (Field) N ibs/A 1000 1/A tons 1000013 tons 5773 1 S7 Autryvillo 7.1 4.5 l/Atmual Rye 2.0 Tons *9/1-3/31 10o 0 0 Irrip, 100 39.9 0.0 178.4 0.0 /S, Hay-4/7 Harvest 5773 1 S7 Autryville 7.1 4.3 3crmudagrass Hay 5.5 Tons *3/15-8131 * 275 0 0 lrri& 275 109.9 0.0 490.7 0.0 5773 1,2 hw S7 ille 1.7 0 I/Annual Rn 2.0 Tons *9/1-3/31 100 D 0 Irri 100 39.9 0.0 68.7 0.0 IS, Hav-4/7 Harvest 5773 1,2 hw S7 Autryville 1.7 1.7 p3ennudagm Hay 5,5 Tons *3/15-8/31 * 275 0 0 Irri& 275 109.8 0,0 188.8 0.0 5773 2 87 A iI 2.3 1.2 erwl/Annual Le 2.0 Tons *9/1.3/31 100 0 0 Irr& 100 39.9 0.0 49.5 0-0 1s, Hay-4/7 Harvest 5773 2 S7 f Autryville 2.3 L2 ermuda ss Ha 5.5 Tons *3/15-8/31 * 275 0 0 irri 275 109.8 0.0 136.1 0.0 5773 3,3A S7 Autryville I9.5 14.5 lCorn, Grain 85.0 Bushels I 2/15-6130 * 106 0 2D irrig 86 34.3 D.D 1 496.8 0.0 ------ ------------------------------ - - - - - - - 561858 Database Version 1.06 Date Printed: 07-12-2041 WUT .Page 1 Waste Utilization Table Year 1 Tract I Field Source I.D. I Soil Series Total Acre Use. Aces Crop -RYE RYE Unit Applic. Period Nitrogen PA Nutrient Req'd Comm. Fert. . Nutrient Applied Res. (lbs/A) N Applic. Method Manure PA Nutrient Applied Liquid Manure Applied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N lbs/A 1000 t/A tans 1000 Rals tons 5773 3,3A 87 Autryville 19.5 14.5 JWbeat, Grain 45.0 Bushels 9/1-3/31 62 01 0 Irrig 62 24.9 0.0 360.5 O.o 5773 4 S7 Foreston 3.2 1.8 eresl/Annual Rye 2.0 Tons *9/1-3/31 too 0 0 h-rig 100 39.9 0.0 69.9 0.0 IS, Ha -417 Harvest 5773 4 S7 Foreston 3.2 1.$ 113lermudagrass Hay 6.0 Tans •3/15-8/31 * 300 0 0 lrri& 300 119.8 0.0 209.6 0.0 5773 4hw. S7 FonesLon 0.8 0.8 crral/ArmalR 2.0 Tans *9/1-3/31 100 0 0 Irrig, 100 39.9 0.0 31.9 0.0 /S, Hay-4/7 Harvest 57731 4 hw I S71 Foreston 0.81 0.8 IByrmudagrass Ha 6.0 1 Tons *3115-9/31 * 300 0 1 0 1 Irrip, 1 3001 119.8 0.0 95.8 0.0 Lagoon Liquids Total lied, 1000 gallons 2,377 Total Produced, 1000 pitons 2,269 BalanQl000gallons 407 Manure Solids Total Appfied, tons 0 Total Produced, tons 0 Balanm tons 1 0 Notes; 1. to the tract column, symbol -means leased, otherwise, owned. 2. Symbol * means user entered data. 56185R Da -----------------ta-base Version ---1 -.0--------------------------------------- Date --Prim-- ed: -- -07-12-2---- ----01 ------------------------------------------------------ WUT --- Pa---ge -2 ------------ 6 0 Waste Utilization Table Year 2 Tract I Field Source I.D. Soil Series Total Acre use, Acres Crop RYE RYE Unit Applic. I Period Nitrogen PA Nutrient Wd Cotten: Fen. Nutrient Applied Res. (lbs/A) N Applic Method Manure PA Nutrient Applied Liquid Manure Applied (ace) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N IWA 1000 gaVA tots 1000 gals tans 5773 1 S7 Atttryville 7.1 4.5 ]/Annual Rye 2.0 Tons *911-3/31 100 0 0 brig, 100 39,9 0.0 178.4 0.0 !9, Hay-4/7 Harvest 5773 1 87 Aadryville 7.1;1.71/Annual ds sa Ha 5.5 Tons *3115-8131 * 275 0 0 Irri 275 109.8 0.0 490.7 0.0 5773 1,2 hw S7 ilIe 1.7 R c 2.0 Tons *9l1-3/31 100 0 0 Irri 10A 39.9 0.0 68.7 0.0 Ha -4/7 Harvest 5773 1,2 hw S7 Autryville 1.7dagrass Hay 5.5 Tons *3/15-8/31 * 275 0 0 Irrig. 275 109.8 0.0 188.8 0.0 5773 2 S7 Autryville 2.3/Annual R e 2.0 Tans *9/l-3/31 100 0 0 Irrig, 100 39.9 0.0 49.5 0.0 -4/7 Harvest 5773 2 S7 Autryville 2.3 1.2 ermuda ass lie 5.5 Tons *3/15-8131 • 275 0 0 lrri 275 109.8 0.0 136.1 0.0 5773 3,3A S7 Autryvilte 19.5 14.5 eat, Grain 45.0 1 Bushels 9lt-3/31 42 0 0 Irrig, 42 16.6 0.0 240.3 0.0 5773 3,3A S7 AutMille 19.5 14.5 ybmm, Double Cr *25.0 Bushels 4/1-9115 * 92 0 0 Irrig. 92 36.7 0.0 531.4 0,0 5773 4 S7 Foreston 3.2 1.8 ereallAtmual Rye 2.0 Tons *9/1-3131 100 0 0 Irrig. 100 39.9 0.0 69.9 0.0 IS, Ha -417 Harvest 5773 4 S7 Foreston 3.2 1.8 uda ass Hay 6.0 Tons *3/15-8/31 * 300 0 0 Irrif, 300 119,8 0.0 209.6 0.0 5773 4 hw 6.8 0.8 ereal/Annual R e 2.0 Tons *911-3/31 100 0 0 Im 100 39.9 0.0 31.9 0.0 �87Foreston IS, Hay-417 Harvest 5773 4 hw Foreston 0.8 0.8 uda ass Ha 6.0 Tons *3115.8131 * 300 0 0 lrri 300 119.8 0.0 95.8 0.0 Lagoon Liquids Total lied, 1000 gallons 2,291 Total Produced, 1000 fe lions 2,269 Balance,1000 gallons -22 Manure Solids ToIaU plied, tone 0 Total Produced, tons 0 Before tons 0 Notes; 1. In the tract column, symbol -means leased, otherwise, owned. 2. Symbol *. means user adered data. ------ - ---------------- - •- --------------------- -------------------------------------------------------------------------------------------------------------------------- 561558 Database Version 1.06 Date Printed:. 07-12-2001 WUT Page 3 The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with soils. if applying waste nutrients through an irrigation system, you must apply at a rate that will not result in runoff. This table provides the maximum application rate per hour that may be applied to each field selected to receive wastewater. It also lists the maximum application amount that each field may receive in any one application event. Crri ation A Gcation Factors Tract Field Soil Series Application Rate inches+ho Application Amount inches 5773 1 AWXYVIIIC 0.60 0.72 5773 1,2 hw airtryviile 0.60 0.72 5773 2 ille 0.60 0.72 5773 3,3A Autrwille 0.60 0.72 5773 4 Foreston 0,501 0.96 5773 4 hw Foreston o.501 0.96 -------------- - - - - - - 561858 Datat�ase Version 1.06 Date Printed: 07-I2-2001 IAF- Page 1 The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations for each source, the number of animals in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. Ideally, effluent spray fields should not be used for sludge application.. If this is not possible, care should be taken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PAN Rate lblac Maximum Sludge Application Rate 1000 ac Minimum Acres 1 5 Years Accumulation Minimum Acres 1 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Cosa 120 bu i 50 13.16 30.691 61.38 92.07 Hay 6 ton R.Y.E. 300 26.32 15.341 30.69 46.03 Soybean 40 bu 1601 14.04 28.771 57.54 86.31 ------------------------------------------------------------------------------------------------------------------------------------------ — 561858 Database Version 1.06 Date Printed: 07-12-2001 Sludge Page 1 The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated. The start date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. if the available storage capacity is greater than the design storage capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated. If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Available Waste Storage Capacity Source Name Swine Feeder -Finish Lagoon Liquid Design Storage Capacity (Days) Start Date 09/15 180 Plan Year Month Available Stora a Ca ci (Days) 1 1 74 1 2 78 1 3 97 1 4 101 1 5 122 I 6 144 1 7 158 1 8 154 1 9 150 1 10 154 1 11 143 1 12 122 2 1 101 2 2 108 2 3 121 2 4 Ila 2 5 140 2 6 163 2 7 180 2 8 180 2 9 175 2 10 160 2 11 130 2 12 1 99 * Available Storage Capacity is calculated as of the end of each month. ----------------------------------------------------------------------------------------------- ----------------------- 561858 Database Version 1.06 Date Printed: 07-12-2001 Capacity Page 1 Required Specifications For Animal Waste Management t. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are .regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disldng 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). 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 ------------------------------------------------------------------------------------------------------------------------ 561858 Database Version 1.06 Date Printed: 07-12-2001 Specification Page 1 method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October.1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. - - - - - -------------- S-6- Database Version LO Date Printed 07-I2-200! Specification Page 2 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these --------------------------------------------------------- ----- metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of 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. --------------- ---- -------.----- --- ------------------ - 561858 Database Version 1.06 Date Printed: 07-12-2001 Specification Page 4 Crop Notes The followins crop note applies to faeld(s): 4,4 hw Bermudagrass Coastal Plain, Mineral Soil, Poorly Drainea:t o Somewhat Poorly Drained. Adaptation: Effective artificial drainage MUST be in place to achieve Realistic Yield Expectations provided for these soils. 1n the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31. Cover sprigs 1" to 3'' deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind - For Coastal and Tifton 78 plant at least 10 bulac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced V to 1.5' in row. For broadcastJdisked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micromtrients to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in the establishment year in split applications in April and July. For established stands apply 180 to 240 lb/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina far more information or consult your regional agronomist or extension agent for assistance. The following crop note applies to field(s): 4, 4 hw Cereal/Annual Rye Overseeded — Hay CEREAL RYE The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The most consistent stands are obtained from drilling rye 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 lbs/acre of Plant Available N (PAN) may be applied between September 15 and October 30. An additional 501bs.acre of PAN may be applied in February -March. if rye growth is harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bermuda crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which ever comes first. This is necessary to minimize the potential for shading bermuda and reducing its yields. ANNUAL RYEGRASS 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 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 lbslacre of PAN may be applied between September 15 and October 30. An additional 50 lbs. acre of PAN may be applied in February -March. If additional PAN is applied to the ryegrass in April -May, the PAN rate for the Bermuda must be reduced by a corresponding ----------------------------------------------------------------------------------------- ---- ------------------------ 561s58 Database Version 1.0. Date Printed: 07-12-2001 Crop Note Page 1 amount. This is necessary because ryegrass growth during April -May will reduce bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or April 7, which ever comes 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 following crop note applies to field(s): 3,3A Corn: CP, Mineral Soil, medium leaching In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees fahrenheit. Review the Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. plant 1-2" deep. Plant populations should be determined by the hybrid being planted. Increase the seeding rate by 10% when planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young plants. An accepted practice is to apply 20-30 lbs/acre N and 20-30 lbs/acre phosphorus banded as a starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40 days after emergence. The total amount of N is dependent on soil type. When including a starter in the fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status of the corn. Timely management of weeks and insects are essential for corn production. The following crop note applies to field(s): 3,3A Double -Crap Soybeans, Coastal Plain: Mineral soil, medium leachable j Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th When no tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 2-4 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 8-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -tiff planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can be applied to the wheat in the Fall. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-301bs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. The following crop note applies to field(s): 1, 1,2 hw, 2 Bermudagrass Coastal Plain, Mineral Soil, Moderately Well Drained. Adaptation: Well -adapted. In the Coastal Plain, hybrid bermudagrass sprigs can be planted Mar. 1 to Mar. 31- Cover sprigs 1" to 3" deep (1.5" optimal). Sprigs should be planted quickly after digging and not allowed to dry in sun and wind. For Coastal and Tifton 78 plant at least 10 bu/ac in 3' rows, spaced 2' to 3' in the row. Generally a rate of 30 bu/ac is satisfactory to produce full groundcover in one or two years under good growing conditions. Tifton 44 spreads slowly, so use at least 40 bu/ac in 1.5' to 2' rows spaced V to 1.5' in row. For -------.----- - ---------------------------------------•-------- ------------------------- 56I858 Database Version 1.0, Date Printed: 07-12-2001 Crop Note Page 2 broadcast/disked-in sprigs use about 60 bu/ac. Soil test for the amounts of lime, phosphorus, potassium and micronutnents to apply preplant and for annual maintenance. Apply 60 to 100 lb/ac N in the establishment year in split applications in April and July. For established stands apply 180 to 240 lb/ac N annually in split applications, usually in April and following the first and second hay cuts. Reduce N rates by 25% for grazing. Refer to NCSU Technical Bulletin 305 Production and Utilization of Pastures and Forages in North Carolina for more information or consult your regional agronomist or extension agent for assistance. The following crop note applies to fteld(s): 3,3A Wheat: Coastal Plain, Mineral Soil, medium leachable In the Coastal Plain, wheat should be planted from October 20-November 25. Plant 22 seed/drill row foot at 1-1 1/2" deep and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide" . Also, increase the initial seeding rate by at least 10% when planting no -till. Adequate depth control when planting the wheat is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting- Phosphorus and potash recommended by a soil test report can also be applied at this time. The remaining N should be applied during the months of February -March. The total N is dependent on the soil type. Plant samples can be analyzed during the growing season to monitor the nutrient status of the wheat. Timely management of diseases, insects and weeds are essential for profitable wheat production. The following crop note applies to field(s): 1, 1,2 hw, 2 Cereal/Annual Rye Overseeded — Hay CEREAL RYE The cereal rye should be planted by October 15 to provide the best opportunity to get winter growth. The most consistent stands are obtained from drilling rye 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 lbs/acre of Plant Available N (PAN) may be applied between September 15 and October 30. An additional 50 lbs.acre of PAN may be applied in February -March. If rye growth is harvested on time and does not significantly shade the bermuda, PAN rates for the subsequent bermuda crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which ever comes first. This is necessary to minimize the potential for shading bermuda and reducing its yields. ANNUAL RYEGRASS 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) bernnudagrass 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 lbs/acre of PAN may be applied between September 15 ---------------------------------------------------------------------------------------------------- -------------------- 561858 Database Version 1.0, Date Printed: 07-12-2001 CropNote Pa 3 �-� and October 30. An additional 50 lbs. acre of PAN may be applied in February -March. If additional PAN ? is applied to the ryegrass in April -May, the PAN rate for the bermuda must be reduced by a corresponding amount. This is necessary because ryegrass growth during April -May will reduce bermuda yields and shorten the time bermuda can fully utilize the N. A harvest is required by heading or April 7, which ever comes 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. ------------------------------------------------------------------------------------------------------------------------- 56t858 Database Version 1.0 Date Printed: 07-12-2001 Crop Note Page 4 wHtEq Michael F. Easley, Governor December 28, 2007 Duplin County Sheriffs Office Civil Division P.O. Box 908 Kenansville, NC 28349 Subject: Notice of Service Mr. Benny Kennedy Gentlemen: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Please serve the enclosed civil penalty notice to the following address: Mr. Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 BY: Coleen H. Sullins. Director Division of Water Quality J Q N 0 8 Z008 A check for $15.00 is enclosed for this service. Please return the completed -Return of Service form in the enclosed return envelope. The Division of Water Quality greatly appreciates this assistance from your office. Please contact me at 919-715-6185 or dennis.lunditcmail.net if you have any questions or need additional information. Sincerely, Dennis G. L Xd Aquifer Protection Section cc: Cb Ltles;Stehman;_Wilntington.AP91 Regional Supervisor File # DV-04-0017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: Internet: httn://WWW.ncwateroualitv.ore 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: Fax 2: An Equal Opportunity/Affirmative Action Employer— 50% Recycle&10% Post Consumer Paper Customer Service: IsAhcaralina Nwara!!y (919)733-3221 (919) 715-0588 (919) 715-61148 (877) 623-6748 Michael F. Easley, Governor 7 o � Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 28, 2007 SUBJECT: Request for Payment of Civil Penalty — Notice 95 File No. DV-04-0017 Duplin County Farm # 31-0349 Dear Mr. Kennedy: Coleen H. Sullins, Director Division of water Quality Your immediate attention to this matter is required. For the period of April 2007 thru August 2007, the Division of Water Quality (DWQ) issued four Request for Payment of Civil Penalty letters and three payments have been received. But, DWQ has not received a payment from you for the subject civil penalty since. August 20, 2007. A Request for Payment of Civil Penalty — Notice #4 dated October 10, 2007 was transmitted to you by certified mail and was returned by the post office as "unclaimed". This Request for Payment of Civil Penalty — Notice #S is being delivered via Duplin County Sheriff's service. Your current civil penalty outstanding balance is $712.50. This'letter serves as a notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the outstanding civil penalty of $712.50 is received within 10 days of your receipt of this notice. If necessary, the Attorney General's Office -will file a case against you in the Superior Court of Duplin County to collect the penalty. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please make the payment by checkpayable to the Department of Environment and Natural Resources. I?"` Carolina Amtrallrff Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httn://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper r10 �q t• Benny Kennedy Page 2 December 28, 2007 If you have any questions, please contact me at (919) 715-6185. Sincerely, r-�Y�. - - Dennis G. L Animal Feeding Operations Unit cc:' Charles Stehman, Wilmington Regional Office File # DV-04-0017 APS Central �OF 1NA�F�Q Michael F. Easley, Governor Colmn H. Sullins, Director `0 William G. Ross Jr., Secretary fq 7 North Carolina Department of Environment and Natural Resources > p Division of Water Quality March 10, 2008 MAR 1 2 2o0$ BY: Mr. Benny Kennedy Benny Kennedy Farm 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case No. DV-04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: This letter is to acknowledge receipt of your check No. 3499 in the amount of $356.00 on March 7, 2008. This payment satisfies in full the civil assessment in the amount of $6,412.50 levied against Benny Kennedy and the case has been closed. If you have any questions, please call me at (919) 733-3221, Sincerely, Ta-z' Keith Larick Animal Feeding Operations Unit cc: Charles Stehman, Wilmington APS Regional Supervisor File # DV-04-017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 D Camlina Natmially Phone (919) 733-3221 Customer Service Fax (919) 715-0588 1-877-623.6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 5011a Recycled/] 0% Post Consumer Paper �CEIVED Benny Kennedy February 18, 2008 Page 2 FEB 2 1 2008 BY: Please make the payment by check payable to the Department of Environment and Natural Resources. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit. cc -Wilmington --Regional Office File # DV 04-017 APS Central Files 0 i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 18, 2008 CERTIFIED MAIL - # 7006:2150 0003 5466 4942 RETURN RECEIPT REQUESTED Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Payment Acknowledgement Request for Payment of Civil Penalty — Notice #6 Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: This letter is to acknowledge receipt of your check No. 3589 in the amount of $356.00 on February 5, 2008. The balance of the penalty is $356.50. Please note that you still have a payment to make to close the case. The Division of Water Quality letter (Request for Payment of Civil Penalty — Notice #5) dated December 28, 2007 and delivered by the Duplin County sheriff on January 14, 2008, notified you that a payment of $712.50 was due. We received the aforementioned check No. 3589 for $356.00; thus, you still owe a payment of $ 356.50. This letter serves as a notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the outstanding civil penalty of $356.50 is received within 10 days of your receipt of this notice. If necessary, the Attorney General's Office will Me a case against you in the Superior Court of Duplin County to collect the penalty. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Internet: wwwmcwatergualitv.ore Location: 2728 Capital Boulevard An Equal OpportunitylAfiinnaWe Action Employer— 50% Recydedl10% Post Consumer Paper N�o�rCarolina /Vaturalk Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax t: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 IMPORTANT To Date Time ' WHILE YOU WERE OUT m 2 ft 2 ofer�)_ Gr-rv/ic(3 Phone �� ` Sqz — 7i58 AREA CODE NUMBER EXTENSION TELEPHONED x PLEASE CALL x CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message f�2: lQf�� fQA+ -2bOUf S r fn LA b2re -Re W, Ms. H-2i( sfafes +ham rn N -q v oKen leceon-tne reel a f urneo( ;f o') ra, am;,4e,or— fiuo Signed PI N.C. Dept. of Environment, Health, and Natural Resources 1 v3a Primed w Recycled Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 19, 2007 x, CERTIFIED MAIL # 7006 0810 0004 4464 6132 �_- RETURN RECEIPT REQUESTED Mr. Benny H. Kennedy New Ground Farm 238 Kennedy Ln. Pink Hill, NC 28572 Subject: Inspection Report New Ground Farm Facility Number- 31-349 Duplin County Dear Mr. Benny H. Kennedy: Please find enclosed a copy of the inspection report for your facility for the inspection I conducted on February 23, 2007 in response to a complaint. I am also enclosing copies of the pictures taken that day. A Notice of Violation will follow for the violations noted that day. If you have any questions concerning this matter, please do not hesitate to contact me at 910-796-7327. Sin rely, r - 1 Chester Cobb Environmental Specialist Enclosures (11) cc: Geno Kennedy, Agriment Services Inc. ,MDWQ WdMi:ngtonrr4nlrrtal�Fi es=3 =349 S:1WQSIANIMALSIDUPLIN12007131-349 Inspection Report NP Carolina Adurally North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone (910) 796-7215 Customer Service Internet: iv%vw.ncvvaterquality.org Wilmington, NC 28405 Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-- 50% Recycled110% Post Consumer Paper ODivision of Water Quality Facility Number r { Q Division of Soil and Water Conservation -' - - Q Other Agency Type of Visit .0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit 0 Routine grComplaint 0 Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access Date of Visit: O Arrival Time: Departure Time: County: Farm Name: 141 crwocmzaOwner Email: Owner Name: Phone: _ Mailing Address: Physical Address: Facility Contact: Title: Onsite Representative: AFIM Certified Operator: Back-up Operator: Location of Farm: Region: &11 0 Phone No: //�� Integrator: �// / — Ago ccJni Operator Certification Number: 2 & 1) 71? Back-up Certification Number: Latitude: 0 0 = 6 Longitude: ❑ ° = = Design Current'` Design- Current Swine '� Capacity Population Wet Poultry .:Capacity. Population .- Wean to Finish Wean to Feeder Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Boars Other ❑ Other J ❑ La er ❑ Non -La er Dry Poultry ❑ Layers ❑ Non -Layers ❑ Pullets ❑ Turkeys ❑ Turkey Poults ❑ Other Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? b. Did the discharge reach waters of the State? (If yes, notify DWQ) Design � Current Cattle Capacity .Population,: ❑ Dairy Cow ❑ Dairy Calf ❑ Dairy Heifer ❑ Dry Cow ❑ Non -Dairy ❑ Beef Stocker ❑ Beef Feeder ❑ Beef Brood Cowl I c. What is the estimated volume that reached waters of the State (gallons)? Number of StructuresEL d. Does discharge bypass the waste management system? (If yes, notify DWQ) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? E ❑ Yes XNo ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Oyes ❑ No ❑ NA ❑ NE [--]Yes , dNo ❑ NA ❑ NE Page I of 3 12128104 Continued . r ! Facility Number Date of Inspection wto Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Structure l Structure 2 Structure 3 Structure 4 ❑ Yes XNo ❑ Yes ❑ No Structure 5 ❑ NA ❑ NE ❑ NA ❑ NE Structure 6 Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): 2 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ yes ZNo ❑ NA ❑ NE (ie/ large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes 0 No ❑ NA ❑ NE through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ 7. Do any of the structures need maintenance or improvement? ❑ Yes ONo ❑ NA ❑ NE 8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes ,Z�No ❑ NA ❑ NE (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require Xyes ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance/improvement? ❑ Yes gNo ❑ NA ❑ NE 11. Is there evidence of incorrect application? If yes, check the appropriate box below. ZYes ❑ No ❑ NA ❑ NE Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN> 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area 12. Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes XNo ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes V,(No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes �J No ❑ NA ❑ NE 17. Does the facility lack adequate acreage for land application? ❑ Yes XNo ❑ NA El NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes YNo ❑ NA ❑ NE Comments (refer to question #): Explain any'YES answers and/or any recommendations or any other comments. Use drawings of facility.; to better explain situations. (use additional pages as n necessary): AL 7. Q� T'�itJ � t�t//f>F_2 ,�� �✓� 7C�� �i9�-ad .�1 t�c o s E � �/d�PFco cJ�� �� /t/Q i��/Jln�'I•�i✓C �`z- s�LrJ�2 IReviewer/Inspector Name Phone: O — rf - I Reviewer/Inspector Signature: , �� Date: 2 Page 2 of 3 12128104 Continued a 1 • r. Facility Number: 3 3 Date of Inspection I VZ3 4 Required Records & Documents 19. Did the facility fail to have Certificate of Coverage & Permit readily available? 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check the appropriate box. ❑ WUP ❑ Checklists ❑ Desig n El Maps El Other ❑ Yes ❑ No ❑ NA ONE ❑ Yes ❑ No ❑ NA PNE 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA V(NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA XNE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA ONE 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA zVNE 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ Yes ❑ No El NA XNE 26. Did the facility fail to have an actively certified operator in charge? ❑ Yes J�rNo ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes ❑ No ❑ NA ONE Other Issues if 6,e0 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 0Yes �No ❑ NA TE 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ Yes � / No ❑ NA CPE and report the mortality rates that were higher than normal? u 30. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes XfNo ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately 31. Did the facility fail to notify the regional office of emergency situations as required by ❑ Yes W(No ❑ NA ❑ NE General Permit? (ie/ discharge, freeboard problems, over application) 32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes No ❑ NA ❑ NE 33. Does facility require a follow-up visit by same agency? ❑ Yes No ❑ NA ❑ NE Additional Comments and/or Drawings: Z' '45�� y �//�� y i Gt%T%2 /14L /J / Z::7 40.9 7-If �"G/GG/ ��r'G1�SrJfGY �D.e.� �s✓� �C/�l� ✓� �� GT /7G.✓5T _7Z) D/- `1,a W�T�iQt� �.g Qil� QL.�- /a. •f ✓ (.Lrinl L /g/17- /�f/i�9�. it u/`� ��/� T %�Q �i✓ ! c14c E 4 e!!�ZP 7- Page 3 of 3 12128104 1 Facility Number: — Date of Inspection Aci�..5 ; yQ�2,--- C7SD 4 1-2 z�. f-��� �,4.5?� �i�r✓A�� � 7 S r�STf-rr� ��rC,� %s �i�✓�-✓� 2/z//OF l.4KF ��.vozzz� C466 G/-j Gs �,gt.�fE.J l,}�7�ERElJ /�f ���� �4ln�dd�" �i✓D 1�o�✓Ozit1� �zGl �f/�` 5T�G✓fF �JJSI��v 7/25/97 iN iik p'f•Yr_ , Yr .•4iy. yMfpAlyh�.� '� ,fl'L lZ J •. .1 ` �e '1 rgo-wl 1, S f' rt.i. {�iryJ' `j atiwi�lclwtlgy'T .. ,` ,..y •�Cl.l' r� ,: �Frf r•%�. i '�} ter. sC r �! �1� i : w �� -j .-i lztgi r� r �.f� a �l• e y T: i i1 •?k '•1 � � '�`!k�'r'�' ram. 4:%''rr;2 ,mil fi�.i;'. if �.it r ..�'� !�'{� JY�`j L���+'�• till, iey��r�X'�rr r. vrri""s ij y r as�r��yfk�,y� �'.. � �•" 4 'r ✓i.�°� i `R�, �,, �Y�Y ,,�� F++ .Ae%i 1tinY+ 14 dti��I�: h y ; f i a t e., �' y� F 1 r •A �, 11 f++f wa.-,.. + ` J� K � a �� f� F � �F I I, w3'Y J T�ijj� � •I J1 � �s - 1 F s: } is �;icy, �+�' ���Li�� ril, � } �� r x 4 1�r i ,�i"S.�' s�'����„i1 �} �. le� �* � {�• 4� f P?� �. }*•��'��6 _ �'V Y .}. `� s9. �'' , 'i+ it ^1• r a i �' �j'_` F' rl t�� '.+F a mom + 't��� ^i. �i"� ��rr,� } i+��,f.. \: [ ^�,\,(����.°� 14 .. � z •�t ly �� l`! y � � wT rxi t• �i' S ��t' fat ?'"� �. 3�"i��r 5 '""jan�1�±,, ti jygy, es {t,1ri1 t _ �,' +�a I1 � l �+9+� 1'���"a" d .; � �4i •`ri' 4 � ' � a x 1�-'�' ,,.! ,c.�: "'��`� . r �i;�rl'._tL',+�''+ ;,,a���a°.4+'9���d ,„,+.1•�.��i����r�.� - '`.�. '.1 n, -�, -, .. � 1'�''� l��f � ,i�'� iq�wa a �.4. �„- � � � , r�.a_ ��F ¢li-�CR.�' ,. • _! (+ �' � 1. - N { '� s *����` s'r ,,.11�y��-•�� �<�;�'�h,;��'� �1���rry�', R�t�+F �,rd. r!F ,r�. /3 .'.1•. �"�. �'•r ?c�.i 4 ',"�� �p. i,(f��I { v,r'�.,l�+r�f �x�u A} r FAyf •JY•�f:, �,Cz .� � ��! �, rr}nr� �y�epi54.�'�, y � L�} •,1��'��';f6t�.t R �r .} � ' r "Y ��."{�' �a i• ` � •� {, •r1� xl i� i�-•1133 ��.��F,,�S���j.>° S". �i[� f1 rvil,, ;,r - ..r.-r °' I.Mr fG fit'; '• , -', •,/_' ; i z `' AXE! °-�„� a�;.. if—.' r� �- t br S p' .�.�'7ry7•fa.�l."]�i ''s��(��•"n<7"}, s ` � .� Ff � �, �"ry Y ;+r 1:•. • � t � , �'y,i t r� ehs t � f4 �d. 1. �. r; �^ � .Sr�j � r. �• .e- r:/ dd :i :�;�� o �. lF'y�'a"""r 11 11-11 - '. 41a 111!� IV, fl iPflwt, ys Lo,. jr:- , T 4 tA mndzz;� I.A Michael F. Easley, Govemor o�OF W A TF9QG & h;--= �- August 22, 2007 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: William G. Ross Jr., Secretary North Carolina Department of Enviromnent and Natural Resources Coleen H. Sullins, Director Division of Water Quality RP,CEIVED BY: A U G 2 3 2007 This letter is to acknowledge receipt of your check No. 3354 in the amount of $356.25 on August 20, 2007. The balance of the penalty is $712.50. Please note that you have TWO more payments to make to close the case. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc: Wilmington. Regional Office File # DV 04-017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatMuWiry.org ity.org Location: 2728 Capital Boulevard An Equal OpportunilylAffirmative Action Employer— 50% Recycled110°,6 Post Consumer Paper PACarolina tura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax E (919) 715-0589 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 W A ]'E94 Michael F. Easley, Governor a William G. Ross Jr., Secretary Crj North Carolina Department of Environment and Natural Resources j � 4 0 Coleen H. Sullins,. Director Division of Water Quality June 20, 2007 CERTIFIED MAIL - RECEIPT # 7006 2150 0003 5466 4188 RETURN RECEIPT REQUESTED Benny Kennedy 23 8 Kennedy Lane Pink Hill, NC 28572 SUBJECT: Request for Payment of Civil Penalty — Notice #2 File No. DV-04-0017 Duplin County. Farm # 31-349 Dear Mr. Kennedy: Your immediate attention to this matter is required. The Division of Water Quality (DWQ) transmitted a letter, dated April 27, 2007, to you noting that DWQ had not received a civil penalty payment since June 30, 2006. The balance of the penalty at that time was. $1,781.25. A payment of $356.25 was received from you on May 9, 2007. DWQ issued a payment receipt letter, dated May 10, 2007 noting that the remaining balance was $1,425.00. No further payments have been received; that is, no payment has been received for this month, June 2007. I have attempted to contact you by telephone. Phone number (910) 298-8368 is no longer in service and phone number (910) 298-3517 was continuously busy from June 4 thru the June 8, 2007. I left messages in your phone mailbox, (910) 298-3517, on June l I and June 13, 2007. I attempted to leave additional messages on June 18 and June 19, 2007, but your phone mailbox was full and would not accept messages. This letter serves as a notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the next payment of $356.25 is received within 10 days of your receipt of this notice. The North Carolina Attorney General's Office will then seek collection through the courts. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Intemcu hW-,IIh2o.enr.statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 No ` Carolina Nahrra!!y Phone (919) 733-3221 Customer Service Fax (919)715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 500% Recycled/10% Post Consumer Paper 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 10, 2007 Benny Kennedy 3� 238 Kennedy Lane 3 Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: This letter is to acknowledge receipt of your check No. 3277 in the amount of $356.25 on May 9, 2007. The balance of the penalty is $1,425.00. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, w.- Dennis G. Lund Animal Feeding Operations Unit cc : .W.i lmington=Regional=Office File # DV 04-017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwateroualitv.om location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportun4lAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Telephone: Fax 1: Fax 2: Customer Service: 1, "o�1tCarolina NIVA(rally (919)733-3221 (919) 715-0598 (919)715-6048 (877)623-6748 WA V _ North Carolina Departm cL August 8, 2007 CERTIFIED MAIL - RECEIPT # 7006 2150 0003 5466 5192 RETURN RECEIPT REQUESTED Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 SUBJECT: Request for Payment of Civil Penalty — Notice #3 File No. DV-04-0017 Duplin County Farm # 31-349. Dear Mr. Kennedy: Easley, Governor loss Jr., Secretary Jatural Resources Sullins,. Director of Water Quality RECEIVED BY: AUG 1 0.2007 Your immediate attention to this matter is required. The Division of Water Quality (DWQ) transmitted a letter, dated April 27, 2007, to you noting that DWQ had not received a civil penalty payment since June 30, 2006. The balance of the penalty at that time was. $1,781.25. Payments of $356.25 were received from you on May 9, 2007 and June 28, 2007. Your current outstanding balance is $1,068.75. No payment has been received for the month of July 2007. This letter serves as a notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the next. payment of $356.25 is received within 10 days of your receipt of this notice. The North Carolina Attorney General's Office will then seek collection through the courts. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please make the payments by check payable to the Department of Environment and Natural Resources. Ply" Carolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet,. httn://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% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 10, 2007 CERTIFIED MAIL - # 7006 2150 0003 5466 5352 RETURN RECEIPT REQUESTED Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 SUBJECT: Request for Payment of Civil Penalty — Notice #4 File No. DV-04-0017 Duplin County Farm # 31-349 Dear Mr. Kennedy: Coleen H. Sullins, Director Division of Water Quality RECMIN En BY: OCT 15 2007 Your immediate attention to this matter is required. The Division of Water Quality (DWQ) has not received a payment from you for the subject civil penalty since August 20, 2007. No payment was received for the month of September 2007. Your current outstanding balance is $712.50. This letter serves as a notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the next payment of $356.25 is received within 10 days of your receipt of this notice. The North Carolina Attorney General's Office will then seek collection through the courts. Note that two payments of $356.25 would pay off the outstanding balance and this case would be closed. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please make the payments by check payable to the Department of Environment and Natural Resources. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: htto://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 NorthCarolina Naturally Phone (919) 733-3221 Customer Service Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper �OF W A TF9Q Michael F. Easley, Governor _Q G William G. Ross Jr., Secretary Cp r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 27, 2007 CERTIFIED MAIL - RECEIPT # 7006 2150 0003 5466 3679"i RETURN RECEIPT REQUESTED Benny Kennedy 238 Kennedy Lane . Pink Hill, NC 28572� SUBJECT: Request for Payment of Civil Penalty APR File No. DV-04-0017 3 0 ZOQ) Duplin County Farm # 31-349 Dear Mr. Kennedy: Your immediate attention to this matter is required. On November 29, 2004, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $6,412.50 including $912.50 in investigative costs for making an outlet to the waters. of the State. A schedule for making partial payments toward the civil penalty was agreed upon. There were to be eighteen (18) monthly payments of Three Hundred Fifty Six Dollars and Twenty Five Cents ($365.25) beginning on May 1, 2005 and continuing to October 1, 2006. DWQ has not received a payment since June 30, 2006. The balance of the penalty is $1,781.25. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless the next payment of $356.25 is received within 10 days of your receipt of this notice. The North Carolina Attorney General's Office will then seek collection through the courts. Please send the payment within ten calendar days to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please make the ]2ayments by check payable to the Department of Environment and Natural Resources. Nam` Carolina �tTl!'Q��Jf Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet. httn://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0589 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/I 0% Post Consumer Paper June 29, 2007 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality � C42- EA JUL 0 5 2007 BY• . This letter is to acknowledge receipt of your check No. 3271 in the amount of $356.25 on . June 28, 2007. The balance of the penalty is $1,068.75. Please note that you have three more payments to make to close the case. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, w Dennis G. Lund Animal Feeding Operations Unit cc: Wilmington=Regional Office File # DV 04-017 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateLgualiiy.org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper No Carolina Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax l: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 March 10, 2006 Mr. Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED MAR 13 2006 This letter is to acknowledge receipt of your checks No. 3146 & No. 3147 in the amount of $712.50 on March 01, 2006. The balance of the penalty is $2,493.75. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, . Paul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: APS-Wilmington Regional Office Files # DV 04-017 APS Central Files N hCarolina atrrra!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 intemet: http://h2o.cnr.sLate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal opportunity/Affirmative Action Employer— 50% Recyciedl10% Post Consumer Paper Telephone: (919) 733-3221 Fax I : (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (977) 623-0748 July 7, 2006 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farris # 31-349 Duplin County Dear Mr. Kennedy: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RO JUL 1'`'0 2006 This letter is to acknowledge receipt of your check No. 3239 in the amount of $356.25 on June 30, 2006. The balance of the penalty is $1,781.25. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, zz" Dennis G. L Animal Feeding Operations Unit cc: -Wilmington Regional'Office� File # DV 04-017 APS Central Files Aquifer Protection Section . 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwat uali .o Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Oppartunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper iv Carolina )aiura!!y Telephone: (919)733-3221 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 A00 W A T�9�G co 5 � -� May 4, 2006 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality vv zapl MAI 0 5 20�6 This letter is to acknowledge receipt of your check No. 3214 in the amount of $356.25 on May 3, 2006, The balance of the penalty is $2,137.50. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, eVaulSherman, P.E. Supervisori Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files t5tCarolina rally Aquifer Protection Section 1636 Mail Service Center Internet: w%v-w.ncwaterauatity.org Location: 2728 Capital Boulevard An Equal OpportunitylAffirmative Action Employer- 50% Recydedl10% Post Consumer Paper Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 2, 2006 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED FEB � 0 '05 This letter is to acknowledge receipt of your check No. 3137 in the amount of $1,068.75 on February 2, 2006. The balance of the penalty is $3,206.25. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6697. Sincerely, M. aul Sherman, P.E. Supervisor, Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files N rthCarolma fl almna!!J Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http:`:h3o�enrstate.ncus 2729 Capital Boulevard Raleigh, NC 27604 Fax (919) 715.0588 1-877.623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10"/o Post Consumer Paper WA rE9pG 0 � August 29, 2005 OMichael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7.BY:- IVED RECEIPT # 7002 2410 0003 0272 8675 1 �110� Benny Kennedy New Ground Farm 238 Kennedy Ln. Pink Hill, NC 28572 Subject: Facility Number: 31-349 National Pollutant Discharge Elimination System (NPDES) General Permit Dear Benny Kennedy: - The Division of Water Quality (Division) has been required by the U.S. Environmental Protection Agency (EPA) to develop a NPDES permit program for animal waste management systems. The Division has developed a general NPDES permit similar to the state Non -Discharge General Permit that this facility is currently permitted under. Pursuant to the requirements of North Carolina General Statutes § 143-215.1, 40 Code of Federal Regulations § 122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994, coverage under the General NPDES permit is required of all facilities that have had a discharge of wastewater reaching Waters of the State. According to our records your facility meets the requirements for an NPDES permit based on the discharge criterion. Please sign and submit the enclosed NPDES Short Form B — Existing Facility. Please carefully follow the instructions on the form. Please submit the completed enclosed application within 60 days from receipt of this letter. Failure to submit the application as required may subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. If you have any questions about the NPDES permit, the enclosed application, or any related matter please feel free to contact me at (919) 715-6185, Sincerely, Keith Larick Animal Feeding Operations Unit Enclosures (COC Renewal Form) CC: Duplin County Soil and Water Conservation District Wilmington Regional Office, Division of Water Quality Permit File NCA231349 r�� ttthtCarolin 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 7 50% Recycled110°% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 26, 2005 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality ZE-f APR z 8 1-uu3 This letter is to acknowledge receipt of your check No. 2970 in the amount of $356.25 on April 26, 2005, The balance of the penalty is $6,056.25. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files om NP Carolina tl ally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: ht1tr//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% Recycled/] 0% Post Consumer Paper Michael F. Easley, Governor o�0 WAr��p� A 'C Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 12, 2005 RE: Acknowledgment of Receipt of Payment C�� e04-01�7 - Farm # 31-349 Duplin County Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality OCT 1 3 «ut) This letter is to acknowledge receipt of your check No. 311n the amount of $356.25 on October 11, 2005. The balance of the penalty is $4,275.00. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me -at (919) 715=6185. Sincerely, eith Larick Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files ftarolina !!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httn://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% Recycled/10°/a Post Consumer Paper WArE9 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 29, 2005 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality RECEIV�%D AUG 3 BY: This letter is to acknowledge receipt of your check No. 3048 in the amount of $356.25 on August 29, 2005. The balance of the penalty is $4,631.25. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, r Keith Larick Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files N�ip�`nCarolina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: htW:/1h2o,cnr.s1atc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer — 500/a Recycled/10% Post Consumer Paper Phone (919) 733-3221 Customer Service Fai (919)715-0588 1-877-623-6748 Fax (919)715-6048 j f WA r4 Michael F. Easley, GDvemor �l G William G. Ross Jr., Secretary `Q c 7 North Carolina Department of Environment and Natural Resources —i 0 ,C Alan W. Klimek, P.E. Director Division of Water Quality July 6, 2005 RECEIVED JUL 0 7 ZUUS Benny Kennedy 23 8 Kennedy Lane BY: Pink Hill, NC 28572 RE: Acknowledgment of Receipts of Payment Case DV 04-017 . Farm # 31-349 Duplin County _ Dear Mr. Kennedy: This letter is to acknowledge receipt of your check No. 3006 in the amount of $356.25 on June 21, 2005, and check No. 3021 on July 6, 2005. The balance of the penalty is $5,343.75. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6I85. Sincerely, Keith Larick Animal Feeding Operations Unit - cc: Wilmington Regional Office File # DV 04-017 APS Central Files N�'rnthCarolina JValurally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: htta://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% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Envimnment and Natural Resources April 26, 2005 Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Acknowledgment of Receipt of Payment Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality A UG /uu,5 This letter is to acknowledge receipt of your check No. 3034 in the amount of $356.25 on July 28, 2005. The balance of the penalty is $4,987.50- Payment of this penalty does not preclude finther action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185, Sincerely, Keith Larick Animal Feeding Operations Unit cc: Wilmington Regional Office File # DV 04-017 APS Central Files t Carolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: htty://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/100% Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919) 715.0588 1-877-623.6748 Fax (919) 715-6048 W A r�RQ Michael F. Easley, Governor �OF �. William G. Ross Jr., Secretary `0 CO7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 18, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 6440 Mr. Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 RE: Payment Schedule for Civil Penalty Case DV 04-017 Farm # 31-349 Duplin County Dear Mr. Kennedy: You have requested a schedule for making partial payments toward the $6,412.50 civil penalty that was assessed by the Division of Water Quality on November 29, 2004. The Division is agreeable to a eighteen (18) month payment schedule beginning on May 1, 2005 and continuing to DATE, 2005. There are eighteen (18) payments of Three Hundred Fifty -Six Dollars and Twenty Five Cents ($365.25). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Keith Larick DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 P&Camlina dVaturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http:Ilh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6049 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Mr. Benny Kennedy April 1 S, 2005 . Page 2 If you have any questions, please call Keith Larick at (919) 715-6185 or Mr. Steve Lewis at (919) 715-6629. Sincerely, �rer Alan W. Klimek, P.E. Director, Division of Water Quality cc: Charles Stehman, Wilmington Regional Supervisor w/o attachment Chester Cobb, Wilmington Regional Office w/o attachment File DV 04-017 w/ attachment 'r:� APS Central Files w/o attachment APR Z �iu b o�0� wAr�, 0 > y Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 Dear Mr. Kennedy: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 28, 2005 JEDN' ECEIVED MAR 2 4 2005 CERTIFIED MAIL By: RETURN RECEIPT REQUESTED RE: Request for Remission of Civil Penalty New Ground Farm Permit No. AWS310349 Duplin County File No. DV 04-017 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 $6,412.50. There are two options available to you. You may choose to pay the penalty or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your receipt of this letter to the attention of: Mr. Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the recommendation to deny the request will be delivered to the Committee on Civil Penalty Remissions for final agency decision. t%ehcarolina ,1� atrrr'71) Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: h1tV:/lh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 / Mr. Kennedy Page 2 If You or your representative_would like to speak before the Committee, you must complete and return the attached form within thirty (30) days of receipt of this letter. Send the completed form to: Mr. Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Keith Larick at (919) 733-6185 or Steve Lewis at (919) 715-6629. Sincerely, &e,,— OVL)� Alan W. Klimek, P.E. cc: ICE harles Stdhffa—nt, Wilmington Regional Supervisor Chester Cobb, Wilmington Regional Office File No. DV 04-017 Central Files i December 16, 2004 Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 RE: Remission Request New Ground Farm Duplin County File No. DV 04-017 Permit No. AWS310349 Dear Mr. Kennedy: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources DEC ) 0 200' Alan W. Klimek, P.E. Director Division of Water Quality 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 February 2, 2005, and you will be notified about the Division's decision concerning remission. if you have any questions, please call me at (919) 715-6185. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Charles Stehman, Wilmington Regional Supervisor wlattachment Chester Cobb, Wilmington Regional Office wlattachment Central Files File # DV 04-017 w/ attachment No hCarolina ,Nrriurn!!J Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http://h2o.cnr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpportunitylAffirmative Action Employer— 500% Recycled110% Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919) 715-0589 1-877-623-6748 Fax (919)715-6048 BENNYKENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 (990)298-8368 12/16/04 Mr. Keith Larick N.C. Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Dear Mr. Larick: By way of this letter, I would like to request partial or total remissioV of the penalties lcvicd due to the May infractions. I would like you to consider the following &c. as you make your deternzination of the environmental impact of my infractions. I fee if the following factors are considered the penalty could be waived or reduced This incident occurred inadvertently as a result of land application vent, which resulted in the ponding of waste and eventually run-off from the spray area Th reason for the infraction was a faulty piece of irrigation piping that failed during this applicaiio event I was unaware that there was a problem until Mr. Cobb pointed it out during a routine omplaint Inspection. I wascareful in documenting the actions that took place just aftertbe p em was discovered and I wrote Mr. Cobb the attached letter or 5/19/04 to describe my corrective actions. Immediately following the routine complaint inspection on 5/17 I contained all run-off by digging a large sump hole in the ditch in which the waste was flowing and pumped it back into spray field Mr. Chester Cobb (he was still there) saw how quick I responded to the matter and prevented any off -site impact. I had to hire a contractor to do all this (excess of $1000) However, I was still assessed a heavy amount. In fact, my assessment accounted for 6% of all animal waste assessments in 2004. I ask did my small family farm account for that much of the environmental impact over all the facilities in the whole State of NC? I did not make an outlet to waters of the state as depicted in my assessment package. This was a standard field diversion that let to a ditch. The way it reads, it's as if I did this maliciously on purpose. I could use these monies for farm improvements to reduce the possibility of "Environmental Impact", if the process would allow for it. Please take these facts into consideration before you take monies away that will prevent future improvements. Benny Kennedy BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 2 85 72 `= (914)298-8368 5/19/04 Mr. Chester Cobb N G7 Division of Water Quality N; 127 Cardinal Drive Ext. L +, Wilmington, NC 28405 Dear Mr. Cobb, This memo is to address the complaint inspection that occurred on 5/17/04 and resulted in a Notice of Violation for my farm (FN 31-349). I wanted to document the corrective actions that have been taken as requested by DWQ. 1. We immediately had small grain removed from small Bermuda field so inspector could investigate the field where the runoff was occurring. My contractor wanted to harvest this small grain for seed, but I am now aware now that this does not coincide with my waste management plan. 2. We immediately bermed and contained the waste water before it left my property and pumped waste back into waste structure. As of 5/19/04 we were still pumping the sump area as needed. 3. We removed dead animal carcass from lagoon. 4. We disked and seeded lagoon in an effort to establish vegetation. However, it has not come up and we speculate it is because it needs fertilizer and water. Would like to set up a sprinkler head from lagoon and wet on occasion until grass is established. 5. Made attempt to contact OIC friend to immediately register someone as an OIC of my farm. We have also contacted Duplin Extension for first classes and test for animal waste operator. We are aware that we must stay on top of this situation. 6. Rubber gasket will be repaired on irrigation system ASAP. I hope this addresses the violations noted on my farm. With Kind Regards, Benny Kennedy Owner :j JUSTIFICATION FOR REMISSION REQUEST D n �> DWQ Case Number: DV 04-017 County: Duplin r =" OrN <= Assessed Party: Benny Kennedy Permit No. (if applicable): AWS310349 Amount Assessed: $6,412,50 N .. Please use this form when requesting remission of this civil penalty. You must also complete he "R?guest For Remission. Waiver of Right town Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.IM were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to. correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain wiry the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil enalties for any previous violations; (e) payment of the civil penalty will prevent payment for .the remainingnecessary cessary_ remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Dunlin n �. IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO Alm OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING MD �- Benny Kennedy ) STIPULATION OF FACTS FILE NO. DV 04-017 N N n Having been assessed civil penalties totaling ____ $6,412.50_ for violations) as set forth in the assessment document of the Director of the Division of Water Quality dated November 29, 2004 , 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 / /I � day of /�'�_'20 43� NATU ADDRESS 38"jeC_4.ivSV 444 a9-97 y TELEPHONE �F W A �Fj9 Michael F. Easley, Governor William G. Ross Jr., secretary f!3 r North Carolina Department of Environment and Natural Resources Q 'C Alan W. Klimek, P.E. Director Division of Water Quality November 29, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7003 1010 0001 2611 4742 Mr. Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 New Ground Farm Duplin County File No. DV 04-017 Permit No. AWS310349 Dear Mr. Kennedy: This letter transmits notice of a civil penalty assessed against Benny Kennedy in the amount of $6,412.50, including $912.50 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverforur). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Keith Larick Water Quality Section 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 OR tWt Carolina ur,711Y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http:l/h2o.enr_state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0598 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper Mr. Kennedy Page 2 11 /29/04 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Pacts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received Mr. Kennedy Page 3 1 1 /29/04 in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 AND Keith Larick DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 �ECEIVED DEC 0 12004 BY: Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 715-6185. Sincerei , </ Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Charles Stehman, Wilmington Regional Office w/ attachments Chester Cobb, Wilmington Regional Office w/ attachments File DV 04-017, w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF BENNY KENNEDY FOR MAKING AN OUTLET TO THE ) WATERS OF THE STATE OF ) NORTH CAROLINA WITHOUT A PERMIT) AND PERMIT CONDITION VIOLATIONS ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 04-017 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,1, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Benny Kennedy owns and operates the New Ground Farm, a swine animal operation located north of Beulaville, NC along SR 1735 in Duplin County- B. Benny Kennedy was issued Certificate of Coverage AWS310349 under Swine Waste General Permit AWG100000 on May 1, 2003 for the operation of an animal waste collection, treatment, storage, and application system. This permit does not allow the discharge of waste to waters of the State. C. On May 17, 2004, DWQ staff inspected the New Ground Farm as a follow up to a complaint received on April 20, 2004. During the inspection, the DWQ staff observed waste ponding in a Bermuda spray field and waste in a field ditch adjoining the spray field. The field ditch drained into an unnamed tributary to Gum Swamp. Gum Swamp is Class C Sw waters of the State within the Cape Fear River Basin. D. Benny Kennedy had no valid permit for the above -described activity. E. Condition H. 1 of General Permit AWGI00000 states, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times and properly operated." F. During the inspection on May 17, 2004, DWQ staff observed where plastic material was being used instead of a rubber gasket to form a seal at a hydrant. G. Condition No. V. 2. of General Permit AWG100000 states, "The Permittee shall .designate a certified animal waste management operator to be in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the OIC or a person under the OTC's supervision." H. During the inspection on May 17, 2004, DWQ staff learned that there was no. certified operator in charge for the New Ground Farm. I. Condition No. I. 2. of the General Permit states in part, "Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions." The CAWMP for the New Ground Farm requires a harvest of the small grain in the Bermuda field prior to heading or April 7, whichever comes first. J. During the inspection on May 17, 2004, DWQ staff observed small grains still present in the Bermuda fields. K. The cost to the State of the enforcement procedures in this matter totaled $917.32. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Benny Kennedy, is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Gum Swamp 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 constitutes making an outlet into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. D. Benny Kennedy 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. E. Benny Kennedy violated Condition No. 11, 1. of General Permit AWG100000 by failing to maintain the land application equipment. F. Benny Kennedy violated Condition No. V. 2. of General Permit AWG100000 by failing to have a certified operator in charge for the New Ground Farm. G. Benny Kennedy violated Condition No. 1. 1 of General Permit AWG100000 by failing to harvest the small grain from the Bermuda field as specified in the CAWMP. H. Benny Kennedy 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. The State's enforcement costs in this matter may be assessed against Benny Kennedy, pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Benny Kennedy is hereby assessed a civil penalty of: $ 3 , 0 e 0, Ot7 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 $ j900, OD for violating Condition Il. 1. of General Permit AWG100000 by failing to maintain the land application equipment. for violating Condition V. 2. of General Permit AWG100000 by failing to obtain a certified operator in charge. $ v 0 0, D D for violating Condition I. 2. of General Permit AWG100000 by failing to follow the small grain harvest conditions of the CAWMP. $ $ 912.50 $- �IgI:A•5D Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty [ have considered the factors listed in G.S. 143B-282. I (b), which are: - (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. ///Q,) /0 '-/ N I I ate) Aquifer Protection Section Division of Water Quality STATE OF NORTH CAROLINA COUNTY OF Duplin ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND Benny Kennedy ) STIPULATION OF FACTS FILE NO. DV 04-017 Having been assessed civil penalties totaling 16,412.50 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated November 29, 2004 _. , 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 I_\R703.7�LY.y TELEPHONE SIGNATURE 20 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 04-017 County: Duplin Assessed Party: Benny Kennedy Permit No, (if applicable): AWS310349 Amount Assessed: $6,412.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed_ Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent fitture occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain wlzv the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: DV 04-017 Region: WiRO County: Duplin Assessed Entity: Benny Kennedy O Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: {) Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: O Whether the violation was inadvertent or a result of an accident; Notes: O Whether the violator had been assessed civil penalties for any previous violations; Notes: O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.: Notes: Decision (Check one) Request Denied Full Remission Partial remission Amount remitted Date Alan Klimek, P.E. �pF VA rfi9P � r 0 November 29, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7003 1010 0001 2611 4742 Mr. Benny Kennedy 238 Kennedy Lane Pink Hill, NC 28572 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environmeniand Natural Resources SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 New Ground Farm Duplin County File No. DV 04-017 Permit No. AWS310349 Dear Mr. Kennedy: Alan W. Klimek, P.E. Director Division of Water Quality This letter transmits notice of a civil penalty assessed against Benny Kennedy in the amount of $6,412.50, including $912.50 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215:6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Keith Larick Water Quality Section 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 OR PACarolina Aatura!!ry 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 OpportunitylAffirmaNe Anion Employer — 50% Recycled110% Post Consumer Paper Mr. Kennedy Page 2 l 1129l04 2. Submit a written request for remission including a detailed ,justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received Mr. Kennedy Page 3 1 1 /29/04 in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (9I9) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 AND Keith Larick DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 DEC 12004 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter -being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 715-6185. Sincerely, Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Charles Stehman, Wilmington Regional Office w/ attachments Chester Cobb, Wilmington Regional Office w/ attachments File DV 04-017, wl attachments Central Files wl attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF ) BENNY KENNEDY ) FOR MAKING AN OUTLET TO THE ) WATERS OF THE STATE OF ) NORTH CAROLINA WITHOUT A PERMIT) AND PERMIT CONDITION VIOLATIONS ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 04-017 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,1, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Benny Kennedy owns and operates the New Ground Farm, a swine animal operation located north of BeuIaville, NC along SR 1735 in Duplin County. B. Benny Kennedy was issued Certificate of Coverage AWS310349 under Swine Waste General Permit AWG100000 on May 1, 2003 for the operation of an animal waste collection, treatment, storage, and application system. This permit does not allow the discharge of waste to waters of the State. C. On May 17, 2004, DWQ staff inspected the New Ground Farm as a follow up to a complaint received on April 20, 2004. During the inspection, the DWQ staff observed waste ponding in a Bermuda spray field and waste in a field ditch adjoining the spray field. The field ditch drained into an unnamed tributary to Gum Swamp. Gum Swamp is Class C Sw waters of the State within the Cape Fear River Basin. D. Benny Kennedy had no valid permit for the above -described activity. E. Condition U. I of General Permit AWG100000 states, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times and properly operated." F. During the inspection on May 17, 2004, DWQ staff observed where plastic material was being used instead of a rubber gasket to form a seal at a hydrant. G. Condition No. V. 2. of General Permit AWG100000 states, "The Permittee shall designate a certified animal waste management 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 OTC's supervision." H. During the inspection on May 17, 2004, DWQ staff learned that there was no. certified operator in charge for the New Ground Faun. I. Condition No. I. 2. of the General Permit states in part, "Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions." The CAWMP for the New Ground Farm requires a harvest of the small grain in the bermuda field prior to heading or April 7, whichever comes first. J. During the inspection on May 17, 2004, DWQ staff observed small grains still present in the Bermuda fields. K. The cost to the State of the enforcement procedures in this matter totaled $917.32_ Based upon the above Findings of Fact, I make the following: 1I. CONCLUSIONS OF LAW: A. Benny Kennedy, is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Gum Swamp 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 constitutes making an outlet into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. D. Benny Kennedy 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. E. Benny Kennedy violated Condition No. H. 1. of General Permit AWG100000 by failing to maintain the land application equipment. F. Benny Kennedy violated Condition No. V. 2. of General Permit AWG100000 by failing to have a certified operator in charge for the New Ground Farm. G. Benny Kennedy violated Condition No. 1. 2. of General Permit AWG100000 by failing to harvest the small grain from the Bermuda held as specified in the CAWMP_ H. Benny Kennedy maybe assessed civil penalties in this matter pursuant to G.S. 143- 215.5A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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. 1. The State's enforcement costs in this matter may be assessed against Benny Kennedy, pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). J. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Benny Kennedy is hereby assessed a civil penalty of: $ 3 p D p, p for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 $ / G'vn, OD for violating Condition II. 1. of General Permit AWG100000 by failing to maintain the land application equipment_ $ 5- D 0, OCR for violating Condition V. 2. of General Permit AWG100000 by failing to obtain a certified operator in charge. $ i v o U , p t7 for violating Condition 1. 2. of General Permit AWG100000 by failing to follow the small grain harvest conditions of the CAWMP. $ $ 912.50 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. ate) heodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality 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 Benny Kennedy ) STIPULATION OF FACTS } FILE NO. DV 04-017 Having been assessed civil penalties totaling $6 412.50 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated November 29, 2004„ , 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 ADDRESS TELEPHONE SIGNATURE 20 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 04-017 County: Duplin Assessed Party: Benny Kennedy Permit No. (if applicable): AWS310349 Amount Assessed: $6,412.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rizht to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully gapplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting, from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payMent of the civil penalty will prevent payment for the remaining necessar remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: N.C. DIVISION OF. --WATER QUALITY 3/laJ Water Quality Section Complaint/Emergency Report Form WILMINGTON REGIONAL OFFICE Received by lfl�J� 06J Datecl) Time Emergency Complaint City County G Report Received From Agency Phone No. Complainant Address Phone No. Check One: Fish Kill Spll! Bypass Animal NPDES N.D. Stormwater Wetland Other, Surface Waters Impacted Classification Other Agencies Notified Investigation Details lnvestigatoC S:1 WQStSHELLSIREPORT.SHL EPA Region IV (404)347-4062 Pesticides 733-3556 Emergency Management 733-3867 Wlldlffe Resources 733-7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 a Fax 910-350-2004 ............ . till 11: 21�1 /t 22 AA NN 4rjw 47 coo ak W- t5 'p, 1 YJ 09 ► '6--3 7 MAI- klP L2'awl 't; rc A,DflAF If 1,4 f,x lo 7 Al ..00.SO. E r �. X,k._�-� x3( mN Mra�,a, r �. i� �, I �s.`. t : ,��,�Y �,���„` '� 7', r � , �. + a \ ..� kuo OUGAC BbNvuf) V1 L EUA z . " oBed uo onulluloo J055.11 ' F• � w� a '\ � J ,• ,�'. ,rf ;`'� . /� � 1" V ;'. � 'l.l� ail / �• '•'. �'~ �•` �• � � loco, l h:: let;!i i VV r `` -"r:� �.' ♦ .4i� a.r' y.►vim, J I��•�M'�(}�?'�'"`_ � x2���.35.t {1 y_?':�.'•�t'. ! • � _� �. ti . It iii 1, w / 1 rmc W , / / Michael F. Easley, Governor ,h, � of wArF w `off RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality MEMORANDUM TO: Steve Lewis, Environmental Specialist III Animal Feeding Operations Permitting and Compliance Unit FROM: Chester Cobb, Environmental Specialist H ez Wilmington Regional Office THROUGH: Charles F. Stehman, Regional Environmental Supervisor I 12V Wilmington Regional Office SUBJECT: - Enforcement Report Benny Kennedy New Ground Farm Facility Number: 31-349 Duplin County DATE: October 5, 2004 Attached please find the subject enforcement report which concludes that Mr. Benny Kennedy: 1) Violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters of the State without a permit. 2) Violated Condition No. I1. 4. of the General Permit by applying waste animal waste at land application rates which resulted in runoff. 3) Violated Condition No. II. 1. of the General Permit by failing to maintain the land application equipment. 4) Violated Condition No. V. 2. of the General Permit by failing to obtain a certified operator in charge. 5) Violated Condition No. I. 2. of the General Permit by failing to remove the small grain from the Bermuda fields as specified in the CAWMP. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service Wilmington. Regional Office Wilmington, NC 28405 FAX (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Past Consumer Paper No ` Carolina Jl mra!!y Memorandum to Steve Lewis Benny Kennedy Enforcement Report New Ground Farm, Facility # 31-349 Page 2 October 5, 2004 On May 17, 2004, Mr. Cobb met with Mr. Benny Kennedy and Mr. Geno Kennedy concerning a complaint about New Ground Farm that was received on April 20, 2004. During the visit, an inspection of the farm was conducted. When one of the Bermuda fields was inspected, Mr. Cobb observed animal waste ponding in the field and waste an adjoining field ditch. The field ditch drained into an unnamed tributary to Gum Swamp. Gum Swamp is classified as Class C Sw waters of the State within the Cape Fear River Basin. Mr. Cobb also observed land application equipment not being properly maintained and small grains still present in the Bermuda fields. It was also discovered that there was no certified operator in charge for this Facility. It is recommended that appropriate civil penalties be assessed in accordance with G.S.143- 215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $917.32 pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). If you have any questions; please contact me at 910-395-3900. Attachments cc: Wilmington Regional Office (Entire Enforcement Package) S:%WQSIANIMALS%DUPLIN12o04131-349131-349 Memo STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF BENNY KENNEDY FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND PERMIT CONDITION VIOLATIONS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 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, 1, Jeffery O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water (DWQ), make the following: I. FINDINGS OF FACT: A. Benny Kennedy owns and operates the New Ground Farm, a swine animal operation located north of Beulaville, NC along SR1735 in Duplin County. B. Benny Kennedy was issued Certificate of Coverage AWS310349 under Swine Waste General Permit AWG100000 for the New Ground Farm on May 1, 2003, effective on May 1, 2003, with an expiration date of October 1, 2004. This permit does not allow the discharge of waste to waters of the State. C. Condition No. R. 4. of the General Permit states in part, "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." CAWMP is the acronym for Certified Animal Waste Management Plan. D. On May 17, 2004, DWQ staff inspected New Ground Farm as a follow up to a complaint received on April 20, 2004. During the inspection, the DWQ staff observed waste ponding in a Bermuda sprayfield and waste in a field ditch adjoining the sprayfield. The field ditch drained into an unnamed tributary to Gum Swamp. Gum Swamp is Class C Sw waters of the State within the Cape Fear River Basin. E. Benny Kennedy had no valid permit for the above -described activity. F. Condition No. 11.1. of the General Permit states, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be maintained at all times and properly operated." G. During the inspection on May 17, 2004, DWQ staff also observed where some plastic was being used instead of a rubber gasket to form a seal at a hydrant. H. Condition No. V. 2. of the General Permit states, "The Permittee shall designate a certified animal waste management operator to be in charge (OIC) 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." I. During the inspection on May 17, 2004, DWQ staff learned that there was no certified operator in charge for the New Ground Farm. J. Condition No. 1.2. of the General Permit states in part, "Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions." The CAWMP for the New Ground Farm requires a harvest of the small grain in the Bermuda field prior to heading or April 7, which ever comes first." K. On May 17, 2004, DWQ staff observed small grains still present in the Bermuda fields. L. The cost to the State of the enforcement procedures in this matter totaled $917.32 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Benny Kennedy is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary that drains to Gum Swamp 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 constitute making an outlet into 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. Benny Kennedy 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) 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. E. Benny Kennedy violated Condition No. H. 4. of the General Permit by applying waste at a rate which resulted in ponding and runoff. F. Benny Kennedy violated Condition No. II. 1. of the General Permit by failing to maintain the land application equipment. G. Benny Kennedy violated Condition No. V. 2. of the General Permit by failing to have a certified operator in charge for the New Ground Farm. H. Benny Kennedy violated Condition No. I. 2. of the General Permit by failing to harvest the small grain from the Bermuda field as specified in the CAWMP. The State's enforcement costs in this matter may be assessed against Benny Kennedy pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). I 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: in. DECISION: Accordingly, Benny Kennedy 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, L $ for violating Condition No. II.4. of the General Permit by applying animal waste at land application rates which resulted in runoff. EI for violating Condition No. II. 1. of the General Permit by failing to maintain the land application equipment. for violating Condition No. V. 2. of the General Permit by failing to obtain a certified operator in charge. $ for violating Condition No. I.2. of the General Permit by failing to follow CAWW. $ TOTAL CIVIL PENALTY $ 917.32 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; and (8) The cost to the State of the enforcement procedures. (Date) Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Violator: Mr. Benny Kennedy Farm Name: New Ground Farm Contact Person: Mr. Benny Kennedy Address: 238 Kennedy Lane, Pink Hill, NC 28572 Facility #: 31-349 Receiving Stream: Unnamed tributary to Gum Swamp Classification: Gum Swamp is Class C Sw Waters of the State Regional Office: Wilmington Inspector: Chester Cobb Report Prepared By: Chester Cobb Case Narrative: Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality had been trying to meet with Mr. Benny Kennedy concerning a complaint received on April 20, 2004. The complaint was about waste drift onto a person's car while driving along SR 1735 by the farm on April 19, 2004. Mr. Cobb drove by the farm on April 21, 2004 and inspected the road and ditches. No evidence of a waste discharge or waste on SR 1735 by the farm was observed. Because the owner was often not at home, Mr. Cobb had been in contact with Mr. Geno Kennedy about arranging a visit with the owner in order to discuss the complaint. Mr. Geno Kennedy manages the required animal waste management records for this farm. The meeting was arranged for May 17, 2004. On May 17, 2004, Mr. Cobb met with Mr. Benny Kennedy and Mr. Geno Kennedy concerning the complaint. During the visit, an inspection of the farm was conducted. When Mr. Cobb inspected the small Bermuda field to the north of the hog houses, he observed animal waste ponding in the field (see Photos 6 and 7). Mr. Cobb also observed where animal waste had run off this field and discharged into an unnamed tributary to Gum Swamp (see Figure 2 and Photos 8 — 14). The discharge appeared to have originated from the waste being applied at sprinkler location #1 and an improperly managed hydrant connection (see Photos 1, 2, 3, and 6). The hydrant connection shown in Photo 2 was the hydrant that sprinkler # 1 was connected to. Along with the discharge, Mr. Cobb also noted that there was no certified operator in charge of the waste management system for this farm and that the receiving crop was not being managed as specified in the Certified Animal Waste Management Plan (CAWMP). The small grain crop was still present in the Bermuda sprayfields (see Photos 1 and 18). The CAWMP for this farm states that for small grain overseeded onto the Bermuda sprayfield a harvest of the small grain is required prior to heading or April 7, which ever comes first. Follow up visits were conducted on May 18 and 19. On May 19, a water sample was pulled from the ponded area in the field because ponded waste 1 water was still observed two days after the discovery of the discharge. Farm and/or Company Compliance History: Include a copy of CAFO Designation letters, previous NOV's, NOD's previous civil assessments, etc. July 14, 1997 Notice of Deficiency issued for not applying waste at agronomic rates and wrong crop in field. April 30, 1999 Notice of Violation issued for animal waste runoff into roadside ditch. There was no assessment for discharge because farm was destroyed by tornado shortly thereafter. October 10, 2001 Notice of Violation issued for cover crop needing improvement. Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate of flow reaching surface water. The discharge was estimated to be around 900 gallons. Sample Results (If applicable) with locations of samples taken noted in relation to the discharge point: The approximate location of all water samples is shown in Figure 2. Sample FRI was taken as waste entered the field ditch (see Photo 8). Sample UPS 1 was taken approximately 50 feet up above where field ditch drained into the unnamed tributary to Gum Swamp (see Photo 11). Sample DS 1 was taken approximately 20 feet downstream of where waste had entered the unnamed tributary (see Photo 12). Sample DS2 was taken about 200 feet downstream of sample location DS 1 (see Photo 13). Sample DS3 was taken as the unnamed tributary went under SR 1735 (see Photo 15). On May 19, 2004, a sample was taken of the ponding in the field as shown in Photos 6 and 7. Sample Results: May 17, 2004 Sample Point UPS1 DS1 DS2a DS3 FRl Fecal Coliform 11,000 est. 45,000 31,000 48,000 66,667 colonies/100m]) NO2-N + NO3-N 0.11 2.19 3.30 2.65 - - - - - - NH3-N 0.5, 95.2 19.9 386 (Mg/L) TKN 2.1 130 29.7 525 - (MFID - Total P 0.04 2,94 0.56 17.6 (Mg/L) a No nutrient sample taken. Sample Results: May 19, 2004 Sample Point FP2 Fecal Coliform 290,000 (colonies/ 100m1) Violator's degree of cooperation fincluding efforts torevent or restore recalcitrance: Mr. Benny Kennedy, the farm owner, did pump the waste / water that he could back into the lagoon when asked (see Photos 19 and 20). _Fish kill observed? YIN If yes, include report from WRC: No fish kill observed at time of inspection. Mitigating Circumstances: No known mitigating circumstances known at time of inspection. Recommendation: The Wilmington Regional Office is recommending assessment of civil penalties to the Director of the Division of Water Quality pursuant to G.S. 143-215.6A. Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste flow if waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for Enforcement. If citing certified plan or permit condition violations, include copies ofpermit or plan. Assessment Factors required 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 violation: The discharge of animal waste was documented by elevated levels of fecal coliforms and nutrients (see Sample Results) into an unnamed tributary to Gum Swamp. Neither public health problems nor damage to private property were documented. 2. The duration and gravity of the violation: The duration and gravity ofthe discharge is not known. Base on the water samples, it appears that waste had made it to SR 1735. Given the condition of the field (see Photos 4, 5, and 6) and the lack of maintenance of the irrigation system (see Photos 2 and 3), the management of the waste system is suspect. Also, the irrigation system was being operated by a hired hand without supervision of a certified animal waste operator. 3. The effect on ground or surface water quantity or quality or on air quality: The effect on surface water quality is documented under the Sample Results section. The effects on ground water and air quality were not measured and are therefore unknown. 4. The cost of rectifying the damage: The cost of rectifying the damage is unknown. The owner did pump waste and water out of the unnamed tributary back into the lagoon. 5. The amount of money saved by noncompliance: Roughly, the amount of money saved would be the cost of having someone trained to be the certified operator and the cost of maintaining the irrigation equipment such as replacing the rubber gasket in the cam -lock connection. 6. Whether the violation was committed willfully or intentionally: The writer does not believe that the violation was committed willfully or intentionally. However based on the general appearance of this farm (see photos), the waste system for this farm has not been properly maintained. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Notice of Deficiency was issued on July 14, 1997 for not applying waste at agronomic.rates and wrong crop in field. Notice of Violation was issued on April 30, 1999 for animal waste runoff into roadside ditch. There was no assessment for the discharge because farm was destroyed by tornado shortly thereafter. Notice of Violation was issued on October 10, 2001 for cover crop needing improvement. S. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $521.91, as follows:. Staff, Cobb, 12 hours @ $18.31/hour $219.72 Pictures 20 @ $0.33 each $ 6.60 Samples 5 Fecal @ $20.00/sample $ 100.00 Samples 4 Nutrients @ $115.00/sample $ 460.00 Mileage 100 miles @ $0.31/mile $ 31.00 Administrative Costs $100.00 Total $917.32 BENNY KENNEDY 238 KENNEDYLANE PINK HILL, NC 28572 (910)298-8368 5/19/04 Mr. Chester Cobb Division of Water Quality 127 Cardinal Drive Ext, Wilmington, NC 28405 Dear Mr. Cobb, This memo is to address the complaint inspection that occurred on 5/17/04 and resulted in a Notice of Violation for my farm (FN 31-349). 1 wanted to document the corrective actions that have been taken as requested by DWQ. 1. We immediately had small grain removed from small Bermuda field so inspector could investigate the field where the runoff was occurring. My contractor wanted to harvest this small grain for seed, but I am now aware now that this does not coincide with my waste management plan. 2. We immediately bermed and contained the waste water before it left my property and pumped waste back into waste structure. As of 5/19/04 we were still pumping the sump area as needed. 3. We removed dead animal carcass from lagoon. 4. We disked and seeded lagoon in an effort to establish vegetation. However, it has not come up and we speculate it is because it needs fertilizer and water. Would like to set up a sprinkler head from lagoon and wet on occasion until grass is established. 5. Made attempt to contact OIC friend to immediately register someone as an OIC of my farm. We have also contacted Duplin Extension for first classes and test for animal waste operator. We are aware that we must stay on top of this situation. 6. Rubber gasket will be repaired on irrigation system ASAP. I hope this addresses the violations noted on my farm. With Kind Regards Benny Kennedy Owner •--h FORM IRR•2 Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number 31-349_ Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1. 910 298-8368 From Waste Utilization Plan Crap Type BERMUDA MAY I Lading (lb/ad e) RecommenedP (B) AN BERM2 5 HAY I (1) f2) (3) (4) M) f61 (7) f81 f9l �1101 fill 5773 field #: 1 2,96 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910 -298-8368 Lagoon Code Irri anon Waste Analysis PAN' (Ib11000 gal) PAN Applied Nitrogen (Iblacre) Balance" (81 x f91 (lb/acre) 1000 (B) - (10) Hours Remaining on Field Inches Per/Acre Remaining Date Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7)1(A) BK1 4/11103 1 330 1 120 39600 13378.38 2.9 38.80 236.20 33.48 3,00 BK1 513103 330 1 120 39600 13378.38 2.9 38.80 197.41 27.98 2.51 BK1 6/28/03 330 1 120 39600 13378.38 2.5 33.45 163.98 26.96 2,42 BK1 7126/03 330 1 120 39600 13378.38 2.5 33.45 130.51 21.46 1.92 BK1 8/16/03 330 1 120 39600 13378.38 2.5 33.45 97.07 15.96 1.43 BK1 8117103 330 1 120 39600 13378.38 2.5 33.45 63.62 10.46 0.94 Owner's Signature Certified Operator (Print) Totals Operator's Signature Operator's Certification Number ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. -Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. �* FORM IRR-2 - n i� Tract # Field Size (acres) _ (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle ` FhELD 1 "= LANE.2 Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1914 298-8368 From Waste Utilization Plan Crop Type BERMUDA HAY Recommended PAN BERMUDA HAY Loading (Iblacre) _ (B) 275 r11 (2) r31 (41 15) fs) (71 (8) r91 NO) 111) 5773 Field #: 1 1.51 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910 298-8368 ..•f ■•• AppliedVolume PAN Nitrogen •Per/Acre ■ Hours •Field Remaining �. • • Of . ■ ■ • f. • f .. Owners Signature Certified Operator (Print) Totals) I ) Operators Signature Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. f FORM IRR-2 r Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle FIELD 2 * 6 SPRINKLERS Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operators 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1- 910 -298-8368 From Waste Utilizatlon Plan Crop Type BERMUDA HAY Recommended PAN BERMUDA HAY Loading (lb/acre) = (B) 275 f11 (2) (3) 14l (51 (fi) f7) (81 191 (101 fill 5773 Field M 2 1.24 Flow Rate = 22.4 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910 -298-8368 Lagoon Code Ir i ation Waste Analysis PAN" (W1000 gal) PAN Applied Nitrogen (lb/acre) Balance" (61 x " (lb/acre) 1000 (B) - 00) Hours Remaining on Field Inches Per/Acre Remaining Date Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gauacre) (7) / (A) BK1 7127/03 240 1 1 22.4 5376 4335,48 2.5 10,84 264.16 97.49 3.89 BK1 7128l03 210 1 22.4 4704 3793.55 2.5 9.48 254.68 93.99 3.75 BK1 7128/03 210 1 22.4 4704 3793,55 2.5 9.48 245.19 90.49 3.61 BK1 7129103 240 1 22.4 5376 4335,48 2.5 10.84 234.35 86.49 3.45 BK1 7129103 240 1 22.4 5376 4335.48 2.5 10.84 223.52 82,49 3.29 BK1 7130103 240 1 22.4 5376 4335.48 2.5 10.84 212.68 78.49 3.13 BK1 8l1103 240 1 22.4 5376 4335,48 2.5 10.84 201.84 74.49 2.97 BK1 8/1103 240 1 22.4 5376 4335.48 2.5 10.84 191.00 70.49 2.81 BK1 8/2103 240 1 22.4 5376 4335.48 2.5 10.84 180.16 66.49 2.65 BK1 812103 240 1 22.4 5376 4335.48 2.5 10.84 169.32 62.49 2.49 Owner's Signature Certified Operator (Print) Totals Operator's Signature Operator's Certification Number " NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) fmm column (11) following each irrigation event. FORM IRR-2 Tract # Field Size (acres) = (A) Farm Owners Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle 5773 Field #: 4 1.75 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910-298-8368 ` FIELD!4E- LANE 1' Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1 910-298.8368 From Waste Utilization Plan Crop Type BERMUpA HAY Recommended PAN BERMLIDA NAY Loading (lb/acre) = (B) 300 f11 r21 f'41 f41 151 (9) M (RI fo1 fin% 111) PAN Applied Nitrogen I Total.. Min, Sprink.... Volume .. Totals I I I Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification Number NCDA Waste Artaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. • : FORM IRR-2 Tract # Field Size (acres) _ (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle '., FIELDWI^-�^LANE�1W,_ Facility Number 1 31-349 lrrigation Operator BENNY KENNEDY Irrigation Operators 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1. 910-298-8368 From Wasto Utilization Plan Crop Type SMALL GRAIN Recommended PAN SMALL GRAIN Loading (lb/acre) _ (B) 100 111 01 r�i rat MI rati 171 (R1 rgr tint 111) 5773 Field #: 1 2.96 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1. 910 298.8368 PAN* PAN Applied Nitrogen (lb/acre) Balance— (8) x 0 (Iblacre) Remaining on Field Per/Acre Remaining # of Sprink. Total Volume (gallons) V61U per (gal/acre) Owner's Signature Certified Operator (Print) Totals I I I Operator's Signature Operator's Certification Number ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. *'Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. •-:J FORM IRR-2 Lagoon Liquid Irrigation Fields Record 'FIELDv1: LANE 2— One 2"' One Form for Each Field per Crop Cycle Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # 5773 Field #: 1 1.51 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK }FILL, NC 28572 1 910)-298-8368 Facility Number 1 31.349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1- 910 -298-8368 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN SMALL GRAIN Loading (lb/acre) = (B) 100 r11 12) M1 rat f5i (81 171 tA1 r91 1`101 lilt Lagoon Code PAN* 111 g_ •d Nitrogen (8) x (9) (Ib/acre�- 111 1 on Field Remaining 1_ a • _ Min. Sprink. Op• ♦, Volume•• per (gallacre) Owner's Signature Certified Operator (Print) Totals Operator's Signature Operator's Certification Number ` NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. -Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. V, FORM IRR-2 r Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle ;:'FIELb 2,` 6 SPRIlJKLER3 _ _'�'c.! Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operators 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1- 910-298-8368 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN SMALL GRAIN Loading (Iblacre) = (B)100 iil (2) (3) (4) f5i (6) (7) (8) f91 f10) fill 5773 Field #: 2 1.24 Flow Rate = 22.4 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1. 910 298-8368 Lagoon Code Irrigation Waste Analysis PAN' (1b11000 gal) PAN Applied Nitrogen (Iblacre) Balance- (8) x f9) (Iblacre) 1000 (B) - (10) Hours Remaining on Field Inches Per/Acre Remaining Date Start Time End Time Total Min. (3) - (2) # of Sprink. Oper. Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7)1(A) BK1 10113/03 1 240 1 1 22.4 5376 4335.48 2.1 9.10 90.90 39.93 1.59 BK1 11115/03 240 1 22.4 5376 4335.48 2.1 9.10 81.79 35.93 1.43 BK1 11/15103 240 1 22.4 5376 4336.48 2.1 9.10 72.69 31.93 1,27 BK1 12/20/03 240 1 22.4 5376 4335.48 2.1 9.10 63.58 27.93 1.12 BK1 12/20/03 240 1 22.4 5376 4335.48 2.1 9.10 54,48 23.93 0.98 BK1 12/21/03 240 1 22.4 5376 4335.48 2,1 9.10 45.37 19.93 0.80 BK1 113104 240 1 22.4 5376 4335.48 2.1 9.10 36.27 15.93 0.64 BK1 1/17104 240 1 22.4 5376 4335.48 2.1 9.10 27.16 11.93 0.48 81<1 1118/04 240 1 22.4 5376 4335.48 2.1 9.10 18.06 7.93 0.32 BK1 1118104 240 1 22.4 5376 4335.48 2.1 9,10 8.95 3.93 0.16 BK1 1/19/04 240 1 22.4 5376 4335.46 2.1 9.10 -0.15 -0.07 0.00 Totals I - I I I I Owner's Signature Operator's Signature Certified Operator (Print) Operators Certification Number " NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. " Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 r Tract # Field Size (acres) _ (A) Farm Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1- 910-298.8368 From Waste Utilization Plan Crop Type SMALL GRAIN Recommended PAN SMALL GRAIN Loading (lb/acre) _ (B) 1 100 t11 (21 (3) (4) IS) (6) (7) (8) (91 f10) 01) :FIELD-LANE''1µ 5773 Field #: 4 1.75 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910-298-8368 MEIN--(3- PAN Applied Nitroge Yb/acre) Balance • - 1000 i 1 Hours Remaining • - " InChes Per/Acre e maining Total Min. )-(2) # Of " Oper • Volume per Acre Owner's Signature Certified Operator (Print) Totals I I I I I Operator's Signature Operator's Certification Number ` NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. "" Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. FORM IRR-2 Lagoon Liquid Irrigation Fields Record F1ELD 3-- LANE 1 One Form for Each Field per Crop Cycle M -r Tract # Field Size (acres) = (A) Farm Owner's Address Owners Phone # Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operators 238 KENNEDY LANE Address PINK HILL, NC 28572 Operators Phone # 1- 910-298.8368 From Waste Utilization Plan Crop Type SOYBEANS Recommended PAN SOYBEANS Loading (lb/acre) = (B) 92 (1) (2) (3) f4) (5) (6) (7) f81 (9) (101 fill 5773 Field #: 3 5.26 Flow Rate = 120 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910-298-836$ Moll Applied,.- J (lb/acre) Balance— Hours Remaining Inches Per/Acro Total I # Of _per Acre Owner's Signature Certified Operator (Print) Totals 1 1 Operators Signature Operators Certification Number NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. —Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. r. r FORM IRR-2 Tract # Field Size (acres) = (A; Farm Owners Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle 5773 Field #: 3 3.92 Flow Rate = 245 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 910 -298-8368 Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operators Phone # 1- 910 -298-8368 FIELD 3':- LANE, - From Waste Utilization Plan Crop Type SOYBEANS Recommended PAN SOYBEANS Loading (Iblacre) = (B) 92 fill (2) (31 f41 (51 (6) (7) (8) (9) 001 fill Lagoon Code .. , PAN* 111 9. NitrogenVolume PAN Applied (Iblacre) Balance— (8) x (9) (Iblacre) ill 1 Remaining on Field Per/Acre Remaining oil Total Min, # Of Sprink. i•- .. . per Acre (gallacre) ■�����a� ::11 11111 ®��� 1:1 ���■■■���� ::11 11111 ®� 11 �� Owner's Signature Certified Operator (Print) Totals I I .. I Operator's Signature Operator's Certification Number ' NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. y FORM IRR-2 Lagoon Liquid Irrigation Fields RecordLd:3-,LAI�fE 3 r One Form for Each Field per Crop Cycle . . r Tract # Field Size (acres) = (A) Farm Owner's Address Owner's Phone # 5773 Field #: 3 5.29 Flow Rate = 245 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 28572 1- 91D-298.8368 Facility Number 1 31-349 Irrigation Operator BENNY KENNEDY Irrigation Operator's 238 KENNEDY LANE Address PINK HILL, NC 28572 Operator's Phone # 1- 910296-8368 From Waste Utilization Plan Crop Type SOYBEANS Recommended PAN SOYBEANS Loading (lblacre) = (S) 92 (1) 0 0 (4) (5) (6) (7) (8t (9) (101 (il) Lagoon Code PAN Applied Nitrogen (lb/acre) Balance- Remaining Per/Acre oil Total Min, # of Sprink... .10 Volume per Acre - Owner's Signature Certified Operator (Print) Totals J I .Operator's Signature Operators Certification Number " NCDA Waste Anaylsis or Equivalent or NRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. Sepal # Date: ' Fac: _ F rM Lagoor�> Free bRi j111tltjO g Waa nfalf 7GaIIAa iHd a 18812 �..• 114/03 31-349 2299 1 27.00 0.00 0.00' 0 --- 19594 1/1 1/03 31-349 2299 1 29.00 0.00 0.00 0 20381 1118/D3 31-349 2299 1 32.00 0.00, 0.00 0 21165 1/25/03 31-349 2299 1 33.00 0.00 0.00 0 21948 2/1/03131-349 2299 1 30.00 O.C)01 0.00 0 22732 2/8/03,31-349 2299 1 28.00 O.OD 0.00 0' 23517 ' 2/15/03i3i-349 2/22103 31-349 2299 2299 1 1 27.00 29.00 0.00 0.00 0.00 0.00 0, 0' _243021 25087 3/11_03 31-349 2299 1I 28.44 4A0 0.00 0 25870 318/03 31-349 2299 1 27.00 0.00 0.001 Oj 26654 3115/03 31-349 23991 1 26.00 0.00 0.00; 0{ 27438 3122/03 31-349 22991 11 27.00 0.00 D.DO _ 0'i 28222 3129/03 31-349 22991 1 26.00 O.ODj 0.00 0!, 29006 415/03,31-349 2299 1 26.00 0.00 0.00 0' 29789 �M 4/12/O351-349 2299 _ 1 28.00 0.00 0.00 0 3D571 4119/03131-349 2299 1 28.00 0.00 0.00 0 31356 4126/03,31-349 2299 1 28.001 0.00 O.OD 0 3214& 513/03i31-349 2299 1 30.00 0.00 0.00 0 329201 5/10103 31-349 2299 1 32.D0 0.00 0.001, 0' 33701 34482 5/17/03 5/24103 31-349 31-349 2299 2299 11 1 31.00 28.00 0.00 0.00 0.00 0.001 0 - - ol 35263 5/31/03 31-349 2299 1 27.00 0.001 0.001 0 36044 617/O3 31-349 2299 1 28.00 0.00 0.00' 0 36832 6/14/03 31-349 2299 1 28.00 0.00 0.001 0 37618 6121/03,31-349 2299 1 26.00 0.001 0.00 0 38404 6128/03�31-349 2299 1 26.00 0.001 0.00 D� 39199 7/5/03i31-349 2299 1 30.00 0.001 0.00 0 399851 7112JO3131-349 2299 1 28.00; 0.001 0.00 0 - 40771( 7/19/03 31-349 2299 1 20.00 o.oOl 0.00 0 415571 7126103 31-349 2299 1 19.00 0.00 0.00 0 42343t 812/03 31-349 2299 1; 26.00, 0.00 0.00 0' 1� j 43129 819/03 31-349 2299 1 25.00 0.00 0.00 0 43915 8/16103 31-349 2299 1 25.00 0.00 0.00 0 45473 8/23103 31-349 2299 1 26.00 0.00 01 I 46259 8130/03 31-349 i 2299 1 27.00 0.00s _0.001 0.00 0 47045 9/6103 31-349 2299 1 23.00 D.00 4.ODi 0 47835 9/13/03 31-34° 2299 1 23.00 0.001 0.00 0 48628 9/20/03131-349 2299 1 28.00 0.001 0.00 0 49421 9127103;31-349 ® 2299 1 26.00 0.00i 0 50183 10//44/0033F31-349 2299 1 26.00 0.00 0 50944 10/11/03�31-349 2299 1 24.00 0.00 0 51705' L- 52466 10/18/03 10/25/03 31-349 31-349 2299 2299 1 11, 26.00 27.00 Mo 0.00 �0 0; �-Y 53227 11/1/03 31-349 22991 1l 26.00 0.04 Q 53987 11/8103 31-349 22 1 26.00 0.00 0 54745 11/15/03 31-349 2299 11, 26.00 0.00 4 55525 11/22/03 31-349 22991 - 1 29.00 0.00 0 56262 11/29/03 31-349 22991 1 29.00 O.0.O 0, 57019 1216103 31-349 d 22991 1 30.00 0.00 57784 12113103131-349 2299 1 29.pD 0.1 58549 12/20/03;31-349 2299 1 26.00 0.00' 4 59311 12/27/03 31-349 2299 1 30.00 0.0d t 0n 60075 60837 113/04 1110/04 31-349 31-349 2299 t 2299 - 1 1 30.00 30.00 0.00! 0.00i 0' 0 61600 1/17/0� 4 3t 1-349- 2299 1 32.00 0.00 01 62359 1/24/04)31-349 2299 1 0.00 0.001 0 63$28 1l31104;31-349 2299 1 32.00 0.00 0 i T1ic Waste Utilization table showy below summarizes the waste utilization plan for this operation.' This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Animal operations that generate liquid waste and utilize waste storage facilities (lagoons or holding ponds) may apply more or less waste in any given year than is annually generated by the facility. In order to determine • whether the plan adequately utilizes the waste produced by the facility, the storage capacity table included in this plan should be reviewed to ensure that the design capacity of the storage facility is not exceeded during the planning period. Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over or under applied if animal waste is being utilized. Waste should be analyzed before each application cycle and annual soil tests are required if animal waste is being applied. Soil tests should be used to balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management plans may require that the application of animal waste be limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detected in a field. Waste Utilization Table Year 1 Tract I Field Source I.D. Soil Series Total Acre Use. Acres crop RYE RYE Unit Applic. I Period Nitrogm PA Nutrient Roq'd Conun. Pert. Nutrient Applied Res. (16s/A) N Applic. Method Mmure PA Nutriuu Applied Liquid Manure Applied (acra) Solid Manure Applied (ac-ro) liquid Munure Applied (Field) Solid Manure Applied (Field) N N lba/A 1000 goVA tons 1000ale tons 5773 1 S7 Aut ills 7.1 4.5 'ereal/Annual Rye 2.0 TOna *9/1-3131 100 0 0 Irri& 100 39.9 0.0 178A OA IS, lla 40 Harvest 5773 1 87 Autryville 7. t 4.3 Jemiudigrass I lay 5.5 Tona 03115.8/31 ' 275 0 0 Iffi& 275 109.8 0.0 490.7 0 0 577.1 1.2 hw S7 Autryvilic 1.7 1.7 curl/Atmual R e 2.0 'tons *9/1-3131 100 0 0 Iffi& 100 39,9 0.0 69.7 0.0 IS, Ha -417IlarvLA 5773 1.2 hw S7 A=illc 1.7 l.7 3cmiudagrass Ilu 5.5 Tons 0'3115-8131 ' 275 0 0 Irriv, 273 109.8 0.0 188.8 0.0 5773 2 S7 Aut illu 2.3 L1 'areal/Annual Rye 2.0 Trek 119/1.3/31 100 0 0 Irri; 100 39.9 0.0 49.5 0.0 s. 113-4/711arr•c-t 5773 2 S7 Autryville 2.3 1.2 kniindagrasm I luy 5.5 Tons 03115-8/31 ' 275 0 0 1m 275 109.8 0.0 136.1 0.0 5773 3.3A S7 Autr)ville 19.5 1d,3 om, Grain 55.0 Bo%hcts 2/15.6/30 + L06 0 20 [trig 86 i }..3 f3.0 196.8 0.0 ------------ --- ------------------------------------------ 56185li Database Version 1.06 Date Printed: 07-12-2001 WUT fate Waste Utilization Table Year I 1'(aet Field Soun,-e I.D. I Soil Series Tonal Ac-re Use. Ades Crop RYE RYE t)nit Apllic. Period Nitnioi PA Nutrient RN'd Couum Felt. NuIria,t Apptied Iles. (IW- A) N Applic. Ntethod Nlitnttra PA Nutriau Applied I..tllUld Manure 1%ltpliexl Nae) Solid Nlanure Applied I (avu) Liquid Manure Applied (Ficid) .Solid 'Manure Applial (Ficid) N N Ihs/A 1000 wiVA torts 1000 gals tuts 5773 3,3A S7 Au! villa 19.5 14.5RHAy4/7 t, Grain 45.0 Bushels 911-3131 62 0 0 Irr; 62 24,9 O.0 360.5 (.t) 577.1 4 S7 Foreston 3.2 1.8llAnnual Rye 2.0 Tans *911.3131 100 0 0 Irri IN 39.9 0.0 69.9 0.0 Ha -41711arvea 577.) 4 S7 ForcAon 3.2 1.8uda ass Ila 6.0 Tots •3115.8/31 • 300 0 0 Irri 300 119.8 0,0 209.6 0,0 5773 4 hw S7 Foreston 0.8 0.8UAnnual Rye 3.0 inns '9/1-3/31 too 0 0 frti 100 39.9 0.0 31.9 0,0 llamrA 5773 4 hw 57 Forestan 0.8 0.8 uda s9 Iia 6.0 Cutts 13115-8131 • 300 0 0 (nip,300 119.8 0.0 95.8 0.0 Lagoon Liquids 'total ,lied, 1000 flans 2,377 Taal Produ". loon gationa 2,269 k3al;u,ee, Iona Ilrxta -107 Manure Solids 'I'kta1 App6d, tons n Total I'r avetl, tons n Helancv. tms 0 Noteb, 1. hi the trail column, symbol - means leased, odienvise, craned. 2. Symtwl • awans user wwrod data. ........... - ............................... .. . ..... ........ . on 1.06 Date Printed: 07-12-2001 WUT Page 2..... ._. . Waste Utilization Table Year 2 Trout Field Source I.D. Soil Series Total Acre Use. Acres Crop RYE RYE Unit Applies Period Nitrogm PA Ntdriart Itaq'd 1 Comm. Fart. Nutrivat Applied Rom, (IMsIA) N Applic. Method Manure PA Nutria,t ryrpliml Liquid Mixture Applied (aere) Solid Manure Applied (acre) Liquid Manure AppliW (Field) S\)Iid M anum Applied (Field) N N lhs/A 1000 11A tins 1000 wits teak 5773 1 S7 Autryville 7.1 4.5 creallrlrmual R e 2.0 Tones 49/1.3/31 100 0 0 brig 100 39.9 0.0 178.4 0.0 /S, lla -4/7 Harvest 5773 ' l 57 Autryville 7.1 4.5 3errnudwss [lay 5.5 Tons •3115-9/31 4 275 0 i 0 Irriez 275 109.8 0.0 490.7 0.0 5773 1.2 hw 57 Autryvitle 1.7 1,7 ereai/Annual Rye 2.0 Tons •9/1-3/31 100 01. 0 Inig 100 39.9 0.0 68.7 0.0 1S, Ha -4n Harvest 5773 1,2 hw I S7 1 Autryville 1.7 1.7 uda ss Hay 5.5 Tons •3115.8/31 • 275 0 0 brig 275 109.8 0.0 188.8 0,0 5773 2 S7 Autryville 2.7 1.2 trael/Armual Rye 2.0 Tans *911.3/3 t 100 0 0 Irri 100 39.9 0.0 49.5 0.0 13, Ha 4/711arvast 5773 2 S7 A ille 2.3 1.2 uda ass Ile 5.5 Tans 03115-8/31 • 275 0 0 1"i 275 109.E 0.0 136.1 O,G 5773 3,3A S7 A Ile 19.5 14.5 'heat, (train 43.0 Bushels 9/1-3131 42 0 0 lrri 42 16.6 0.0 240.3 0.0 5773 33A 87 ille 19.5 14.5 oybearts. Double Crop 425.0 Bushels 411-9115 • 92 0 0 lrri& 92 36.7 O,ol 531.4 0.0 5773 4 S7 Foreston 3.2 1.8 ereal/Annual Rye 2.0 Tutu 0911-3/31 l00 0 0 Iffi& 100 39.9 0.01 69.9 0.0 /S, Hay-4/7 Harvest 5773 4 S7 Foreston 3.2 1.8 3ermudagrm Hay 6,0 Tons 43/15.831 4 300 0 0 lni& 300 119.8 0.0 209.6 0.0 5773 4 hw S7 Foreston 0.8 0.8 ereal/Annual R e 2.0 Tons 49/1-3131 100 0 0 Irrig. 100 39.9 0.0 31.9 0.0 /S, Ha -417 Harvest 5773 4 hw S7 Foreston 0.8 0.8 3ermuda ss Flav 6.0 1 43115-8/31 • 3001 01 0 Irrip, 300 119.8 0.0 95.8 0.0 Lagoon Liquids Total liexl 1000 Ellons 2,291 Taal Produced, 1000 gallons 2,269 Balatux, 1000 • lions -22 Manure Solids Taal Ap lied, turls 0 Total Producxd,tons 0 llalanx, tons 1 0 Ni AL.,: 1. In the traet w1uuruu, symbol •- means leased, otherwise, owned. 2. Symbul 4 nauas user ent6red data. ------- ..................I.................... .- ................. ...-•---------------------- �(, I H?ti Database Version 1.06 Date Printed: 07-12-2001 INUT Page 3 - ! I Narrative ADDENDUM TO WASTE UTILIZATION PLAN: FACILITY NUMBER 31-349 FARM NAME: NEW GROUND FARM OWNER NAME: BENNY KENNEDY DESIGN CAPACITY: 2448 FEEDER TO FINISH THIS PLAN 1S A REVISION OF THE 12/9/98 PLAN COMPLETED BY RONNIE G. KENNEDY JR OF AGRIMENT SERVICES INC. THIS PLAN DEPICTS THE WETTABLE ACRES ON THE FARM AND DISPLAYS THE SAME IN THE CALCULATION TABLES. NOTE THIS PLAN WILL NOT BECOME EFFECTIVE UNTIL OCT 1, 2001. FIELD 4 WILL BE CONVERTING FROM CROPLAND TO HAYLAND THE FIRST AVAILABLE DATES FOR THIS WILL BE SPRING OF 2002 UNLESS A LATE HARVEST FOR THE LAST CROP OCCURS.(REGULATORS SHOULD TAKE NOTE) IT IS PERMISSABLE FOR OTHER WINTER ANNUAL CROPS TO BE PLANTED IN PLACE OF TYPICAL WHEAT SUCH AS RYE GRASS, RYE GRAIN, BARLEY AND OATS. FIELDS DENOTED WITH HW ARE TO BE UTILIZED BY HONEYWAGON (HONEYWAGON CERTIFICATION FORM ENCLOSED). FIELD 4 IS COMPUTED IN THE TABLES TO BE WETTED WITH THE EXISTING HARD HOSE TRAVELER SYSTEM, HOWEVER, IT IS MORE PRACTICAL, WITH DITCHES PRESENT AND HIGH MGT. AREAS IN THE WAY OF THE TEMPORARY PIPE, TO IRRIGATE WITH HONEY WAGON. DUE TO THE DEFICIT NOTED IN THIS WUP MR. KENNEDY HAS THE FLEXIBILITY TO PLANT 3 ACRES OF TOBACCO EVERY OTHER YEAR IN THE AREA DEPICTED ON THE MAP AS FIELD 3, 3A. DURING THE YEARS TOBACCO IS UTILIZED NO CORN OR SOYBEANS WILL BE PLANTED IN THIS AREA DUE TO CROP PLANTING OVERLAP; HOWEVER, A WINTER ANNUAL WILL BE UTILIZED EACH YEAR REGARDLESS. NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE, EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. KENNEDY PLANS TO APPLY SWINE WASTE INACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. ------------------------------------------------------------------•------------------------------------------------------ Irn-icw Database Version 1.0 Date Printed: 10-25-2001 Narrative Page 1 BENNY KENNEDY 238 KENNEDY LANE PINK HILL, NC 2 85 72 (910)298-8368 5/ 19/04 Mr. Chester Cobb Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Cobb, This memo is to address the complaint inspection that occurred on 5/17/04 and resulted in a Notice of Violation for my farm (FN 31-349). 1 wanted to document the corrective actions that have been taken as requested by DWQ. 1. We immediately had small grain removed from small Bermuda field so inspector could investigate the field where the runoff was occurring. My contractor wanted to harvest this small grain for seed, but I am now aware now that this does not coincide with my waste management plan. 2. We immediately bermed and contained the waste water before it left my property and pumped waste back into waste structure. As of 5/19/04 we were still pumping the sump area as needed. 3. We removed dead animal carcass from lagoon. 4. We disked and seeded lagoon in an effort to establish vegetation. However, it has not come up and we speculate it is because it needs fertilizer and water. Would like to set up a sprinkler head from lagoon and wet on occasion until grass is established. 5. Made attempt to contact OIC friend to immediately register someone as an OIC of my farm. We have also contacted Duplin Extension for first classes and test for animal waste operator. We are aware that we must stay on top of this situation. 6. Rubber gasket ,,A ill be repaired on irrigation system ASAP. I hope this addresses the violations noted on my farm. With Kind Regards Benny Kennedy Owner Mi=hael r. Easley, GoVemor J�s< WATER V%'illiarn G. Ross Jr., Secretary Q� Ca-o;7na Dear---ner'.. r. Yir7i, Went aaJ Natural Resources C 7 Alan W. Klimek, P, E. Director Division of Water Quality Coleen H. Sullins. Deputy Director Division of Water Quality June 24, 2004 CERTIFIED MAIL #x 7002 1000 0005 2390 1055 RETURN RECEIPT REQUESTED Mr, Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 Subject: Notice of Violation and Recommendation for Enforcement New Ground Farm - Facility Number 31-349 Duplin County Dear Mr. Kennedy. This is to notify you of violations to North Carolina General Statute 143-215.1 and to Swine Waste Operation General Permit AWG100000 issued on May 1, 2003 under Certificate of Coverage AWS310349. On May 17, 2004, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality inspected the farm because of a complaint of waste drift received on April 20, 2004_ During the inspection, Mr. Cobb noted several violations. From the inspection, the following violations were documented: 1) Discharge of animal waste into Waters of the State On May 17, 2004, Mr. Cobb observed where animal waste had left the small Bermuda field and discharged into an unnamed tributary to Gum Swamp. Gum Swamp is classified as class C Swamp waters of the State within the Cape Fear River basin. The discharge was estimated to be around 900 gallons. This is in violation of North Carolina General Statute 143-215.1 that states that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. This is also a violation Condition I. 1 of the General Permit that states in part that "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_ N_ C. Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 26405 (910) 395-3=300 (910) 350-2004 Fax Customer service 1-877-623-6748 WKY NCoENR Mr. Kennedy ace 3 or 3 une 24, 2004 In response to these violations, this office must receive the following information within fifteen (15) working days of the receipt of this notice: a. A written explanation of the violations. b. A written description of the actions taken or to be taken to bring the violations back into compliance and to prevent their recurrence. c. Irrigation and freeboard records for 2004 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb at 910-395-390b ext. 226 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Dliplin County Soil and Water Conservation District Kraig Westerbeek, Murphy -Brown, LLC Kenneth Best, Dupfin County Health Department Patrick Fussell, DSWC-WiRO Star Jackson, Duplin County Cooperative Extension Service Geno Kennedy, Agriment Services Inc. DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 31-349 SAMSIANIMALSOUPLIN12004131-349 NOVRFE Environmental Chemists, Inc. ® 6602 Windmill Way * Wilmington, North Carolina 28405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) 1chemW @aol.com ANALYTICAL & CONSULTING �CEjVFD CHEMISTS ISTS N E : DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDENDWQ R BY Date of Report: May 26, 2004 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Purchase Order #: Attn: Chester Cobb Report Number: 4-3299 REPORT OF ANALYSIS Date Sampled: 05/17/04 Sampled By: Chester Cobb WASTEWATER: Report To: Chester Cobb PARAMETER Sample ID FR1 UPS1 DS1 DS2 DS3 Date Analyzed Lab ID 96014 96013 9 6015 # 6016 46017 Nitrate + Nitrite Nitrogen, NO,+NO2-N mg/L 2.65 0.11 2.19 3.30 5-20-04 a Ammonia, NHS-N mg/L 386 0.5 95.2 19.9 5-24-04 Total Phosphorus, P mg/L 17.6 0.04 2.94 0.56 5-19-04 Total Kjeldahl Nitrogen, TEN mg/L 525 2.1 130 29.7 5-21-04 Fecal Coliform, colonies/100 mL 66,667 11,000 est. 45,000 31,000' 48,000 5-19-04 Comments: r�7 Reviewed b, ANALYTICAL & CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext Wilmington, NC 28405 Attn: Chester Cobb Date Sampled: Sampled By: WASTEWATER= 05/ 17/04 Chester Cobb Environmental Chemists, Inc. 6602 Windmill Way - Wilmington, North Carolina 28405 (910) 392-0223 (Lab) - (910) 392-4424 (Fax) EchemW@aol.com NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 RECEIVED JUN O 12004 BY: REPORT OF ANALYSIS Date of Report: May 26, 2004 Purchase Order #: Report Number: 4-3299 Report To: Chester Cobb PARAMETER Sample ID FRl UPS1 DSl DS2 D53 Date Analyzrd Lab ID # 6014 # 6013 # 6015 # 6016 # 6017 Nitrate + Nitrite Nitrogen, NO3+N%-N mglL 2.65 0.11 2.19 3.30 5-20-04 Ammonia, NR3-N mg/L 386 0.5 95.2 19.9 5-24-04 Total Phosphorus, P mg/L 17.6 0,04 2.94 0.56 5-19-04 Total Kjeldahl Nitrogen, TKN mg1L 525 2.1 130 29.7 5-21-04 Fecal Coliform, colonies1100 mL 66,667 11,000 est. 45,000 31,000 48,000 5-19-04 Comments: Reviewed P"ORTANT NOTICE North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection and preservation. Client Must Provide the FoRowine Wormation L SAMPLE IDENTMCATID (Container Associated with requested testing) . 2. SAMPLE TYPE (Composite, Grab, Water, Sod, etc.) 3. DATE COLLECTED ED 4. TD E COLLECTED 5. SAMPLE COLLECTOR 6. PRESERVATION (Including Ternpemtwe and pH ) Temperature _Samples 1VIITST be refrigerated or received on ice between 2 and 6" C. Samples received within two (2) hours of collection must show a downward trend. Therefore, please record temperature at collection in space provided on collection sheet. ILH : A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for metals samples reported to the Groundwater Section which must be acidified at the time of collecrion. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a violent reaction will occur. Derhtoriaatiur Samala that Reaniire Acid Pmervation 1. Add 4-5 granules afthiosulfate to a bottle with no acid preservative ( unpxeserved BODITSS battle). 2. After mixing to disskme the thiosulfa2e, pops half afthe sample into a battle ccaftining acid as a preservative (Amm MW TKN) 3. • Thera completely fill both battles with fiesh sample. • The Laboratory wdl verify and document the above requested information - ref. NCAC 2H.484 5 (a) (7) " At any time a laboratory receives samples which do not meet sample coflecdam, holdmg tmze, or preservation PeTurempnt-, the laboratory must notify the samrp le collector or client and secure another sample if possible. If another sample cannel be seamed, the original sample may be amalyzed, but the results reported mmist be aluaiified with the nature of the ni action(s). And the hbc t moist notify the State Ubaratgry about the infiaction(s). The notification mast include a indi abng cbirectjve actions taken to preve rt the problem for firmare samples. . • R, y ref. NCAC 2H.0805 (a) M M. - enviroc em- i��: n►, Sampig Collectian and Chain of Custody Uuuectea ►sr: r cJyr>o- - Rmmnle Tvne! T = Influent_ F. = F.Mnont. W =Well_ fiT =Stream_ IV) =find. RLw filudae Clthor• Wilmington, NC 28405 Phone: (910) 392-0223 Sample identification Collection M 11 a o b '— 0 8 R PRESERVATION ANALYSIS REQUESTED o § d 0 0 DATE TIME TEMP o r1� C/19 ry G L C �f1TC2�i ' G PS21 C 1 L AP •.7 r �� C G C P G G C P G G C P G G C P is G G C P G G NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 ppm or leas In the Held at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Tlme Received By: Date/TIme 1. 2. . Temperature wh eceived: uyAccepted: ✓ Rejected: Resampie Requested: Delivered By; Received By: Date: S- -0Time: P /50 dA— Comments: - 3 r I A ANALYTICAL & CONSULTING CHEMISTS Customer: NCDENR DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Chester Cobb Date Sampled: Sampled By: 05/19/04 Chester Cobb Environmental Chemists, Inc. 6602 Windmill Way + Wilmington, North Carolina 2W5 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) EchemW @aol.com NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 REPORT OF ANALYSIS WATER: New Ground Farm Warilift 931-3491 Date of Report: May 24, 2004 Purchase Order #: Report Number: 4-3367 Report To: Chester Cobb Sample ID Lab ID Fecal Coliform, colonies/100 mL Date Analyzed FP 2 # 6138 290,000 5-19-04 Comments: Reviewed EyffORTANT NOTICE North Carolim Division of Water Quality (NCDWQ) is strictly enforcing EPA regulations for sample collection and presezvation. Client Most Provide the FolioMM Information ' l . SAMPLE IDENTiF1CAT'lQN (Container Associated with requested tom) 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE COLLECTED 4. T1ME COLLECTED 5. SAMPLE COI.LECTdR 6. PRESERVATION (Including Temperat<zre and pH) T eratum: Samples MUST be refrigeaated or received on ice between 2 and 6 ° C. Samples received within -two (2) hours of collection must show a downward tread. Therefore, please record temperature at collection m space provided on collection sheet. RH: A two (2)-hour limit to chemically preserve samples by pH adjustment is allowed, except -for metals samples reported to the Groundwater Section which must be acidified at the time of collection. Cautian ' ' These sample bottles may cones small amourrts of acid or other corrosive and potentially bXMful chemicals. Laboratories are required to add these chemicals for ceataiu analyses m orcl7 to coapply with EPA preservation requirements- Use extreme care when opening and hauxdling the bottles. If any chemical should get on your sldn or clothes flush liberally -with water and seek medical altmtiaL DECHLORINAT.ION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in: bottle before collecting samples as a violent reaction will occur- Dechlorinating Samples that Require Arad Preservation 1. Add 4-5 granules of thiosalfate to a bottle with no acid preservative (nnpreserved BODE MS bottle). 2. Aftew mzxing to dissolve the thiosulfate, pour half of the sample into a bottle containing acid as a p resmNative (Anmionia/TKN). 3. Then completely fill both bottles with fiesh sample. . The Laboratory will verify and docuncat the above requested information. re£ NCAC 21LOS05 (a) M M. ti At any time a laboratory receives samples which do not mmt sample collection, holding time, or preservation reaauh=ems, the laboratory •must notify the sample wDector or client and secure another sample if possm'ble. F another sample cannot be secured, the original sample may be analyzed, but the results reported must be quaHed with the nateue of the i ftl ion(s). And the laboratory mast notify the State Laboratory about the infraction(s) The notification must include a statement indicating corrective actions takem to prevent the problem for fixture samples. re£ NC C 2iio8o5 a - ��� EN CHEMISTS, NCDENR: DW Cerafleate #94, w ���� DLS Certtflcate #37729 ",°' _ Sample Collection and Chain of Custody Analytical & Consulting Chemists 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 3924424 3LE€7;)��: l�:C�tL''iiP'i'�'ici?;i440, l'f)161 Collected BY: �t}€'S7f�C ,U _ _ Reli rt No;_ 0---1- i — '" iil _117-11 Orr OA _O-SI Oi _ Ol._.I-- f.% 1I- .�_ ... Sample Identification A � Collection a E., ,s o ° U ,.� � � o G� " �° PRESERVATION ANALYSIS REQUESTER o z m d z DATEMP TIME TE G C P G G C P G G C P G G C $PPGCGC G G C P G G C P G G C P G 1. G Transfer Relinquished By: Date/Time Received by: Date/Time 1. 2. Temperature wh a ecei ed• 6'- (. _ Accepted: /—� Rejec ed: Resample Requested: Delivered By: Received By: ��L4 —� Date- 5 -/ -o It Time: `f' -ro • Comments: _ iill,c�� �.,nrar Fi�cr� . / 347-9 0.6 0 0.6 1.2 Miles W E Figure 1. New Ground Farm is located off of SR 1735 in Duplin County. Map created from 1988 USGS Beulaville Quadrangle. �w UPS1 Field Ditch tip}' `���,►. JUnnam1 ributar flS1 FR1 vz SR 173 OS3 s � 1 r•Io • f a � sr x �' � �y.Sr i�r - - / f 'AV r - �;.. /ram � • � � ,�� � ' _ ' •,^ � - • �j'�° 10 tom' "t t� � � � � `• { i �',�.�-.-�r--�—� ` °`� it - t • 1 , l PHOTO 5. Part of the circle of small grains that had turned brown at sprinkler location #2. A E (; G( -4 W- (� b{ ) PHOTO 6. Animal waste runoff from sprinkler location #1. r) EC . ctgg4( S P�14 PHOTO 7. Close up picture of wastp ponding as shown in Photo 6. PHOTO 8. Location of Sample FR1 _ Sample taken as waste entered drainage way. iIJ GL'-. ct F+ct4 PHOTO 9. Waste flowed from field ditch (about center of picture) into an unnamed tributary to Gum Swamp. ft} E G, L+ PHOTO 10. Close up of where waste was Powin from field into the unnamed tributary.° cj l-tQ 4 2j PHOTO 11. Location of upstream sample, UP51. Upstream sample was taken approximately at the bend or white stick how, in this picture of the unnamed tributary. 0 �C Q qQ LA �`Zl PHOTO 12. Location of Sample DS1. Sample taken approximately 20 feet downstream of where wash had entered the unnamed tributary. NiE(�- 19&1t-i- (�Zr-�) r a � PHOTO 16. Area lacking vegetationon north side of lagoon dike wall. 1JF,G, q 3,q 6 (VA) PHOTO 17. Area lacking vegetation n west side of lagoon wall. PHOTO 18. The small grain (overseed) was still present on the Bermuda sprayfields at the time of the discharge investigation. Picture taken on 5/17/04. NE&. Ct7g5 C1qj� PHOTO 19. Owner pumping waste out of the unnamed tributary near SR 1735. PHOTO 20. Waste was pumped out of the unnamed tributary into the lagoon. K)E( -. C(,4 zS L?-2-4) Lr7 a p tr M ru Postage $ , 37 5 .SQrs 17 Ln p Certified Fee p Postmark Q '� Return Receipt Fee p (Endorsement Required) j a7 Q O Restricted Delivery Fee Q f p (Endorsement Required) rU Sent To d Street Apt. No.: »» . [� or PO Box No. ----- ------- --------- -�,,,Gn�l� city, ZfP+s 'H k °LlWC, S y PS Form :0r Apni 2002See Reverse for Instructions Complete items 1, 2, and 3. Also corriplete item 4 ; f Restricted Delivery's desired. >• Print your name and address on the reverse sc 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. Artirle Addressed to: Ilk- KS 7:L- 2. Article Number (Transfer from serv' - PS Form 3811, AL.'5- - 7 002 A- Signatu f� X 1' ❑ Agent B. Rec 'ved by rrntR ame) Date of deli Is delivery addre� rent fy it Cl Yes If YES, enter d, address below. �10 No JUL 3. Service Type Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 1000 0005 0390 1055 • .4•w. �� 102595-02-M•1540 --if , L--40A e • ,. 2 2 ^ � / & � .:.)� � � , �\/y\.�, \ � �Z «<»%�� . 4 : ,¥.,- . � g/v.� 2 \ � \� °� � ' , ( `�� � } « \� !�� $. •�«\2m: </\ \ a � , , y y: _tr7"I�1 2 l��-'7?-"l.�t�5`� �I � ��1 y C� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 24, 2004 CERTIFIED MAIL # 7002 1000 0005 2390 1055 RETURN RECEIPT REQUESTED Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 Subject: Notice of Violation and Recommendation for Enforcement New Ground Farm Facility Number: 31-349 Duplin County Dear Mr. Kennedy: This is to notify you of violations to North Carolina General Statute 143-215.1 and to Swine Waste Operation General Permit AWG100000 issued on May 1, 2003 under Certificate of Coverage AWS310349. On May 17, 2004, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality inspected the farm because of a complaint of waste drift received on April 20, 2004. During the inspection, Mr. Cobb noted several violations. From the inspection, the following violations were documented: 1) Discharge of animal waste into Waters of the State On May 17, 2004, Mr. Cobb observed where animal waste had left the small Bermuda field and discharged into an unnamed tributary to Gum Swamp. Gum Swamp is classified as class C Swamp waters of the State within the Cape Fear River basin. The discharge was estimated to be around 900 gallons. This is in violation of North Carolina General Statute 143-215.1 that states that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. This is also a violation Condition I. 1 of the General Permit that states in part that "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. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer service 1-877-623-6748 Mr. Kennedy Page 2 of 3 June 24, 2004 2) Waste ponding and runoff The discharge of animal waste observed on May 17, 2004 was in part due to runoff of waste from the land application field. Owner stated that waste had been applied earlier that day. At time of inspection, the field was still saturated around one of the sprinklers and waste was ponding near the field ditch. This is in violation of Condition II.4 of the General Permit that states in part that "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." 3) Failure to maintain land application equipment During the inspection, a piece of plastic was observed within a cam connection that allows the sprinkler to be attached to a hydrant. Also, no rubber washer was observed within the connection. Without the rubber washer, the cam connection does not seal properly and will leak waste when pressurized. This also probably contributed to the discharge. This is in violation of Condition- II. 1 of the General Permit.that states, "The collection, treatment, and storage facilities, and the land application equipment and fields shall be maintained at all times and properly operated." 4) Failure to follow Certified Animal Waste Management Plan (CAWMP) On May 17, 2004, the small grain crop was still on the Bermuda fields. The Crop Notes within the CAWMP serving this facility states in part for the cereal/annual rye overseed " that "A harvest is required prior to heading or April 7, which ever comes first." This is in violation of Condition 1. 2 of the General Permit that states in part "Any violation of the CAWMP shall be considered a violation of this permit and subject to enforcement actions." 5) Failure to have an active certified operator At time of inspection, there was no certified operator in charge designated for this facility. This is in violation of Condition V. 2 of the General Permit that states, "The Permittee shall designate a certified animal waste management system operator to be in charge (OIC) 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." fi) Failure to maintain vegetative cover on lagoon walls At time of inspection, areas of the lagoon wall lacked a vegetative cover. This is in violation of Condition II. 10 of the General Permit that states in part that "A protective 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." Mr. Kennedy 'Page 3 of 3 June 24, •2004 In response to these violations, this office must receive the following information within fifteen (15) working days of the receipt of this notice: a. A written explanation of the violations. b. A written description of the actions taken or to be taken to bring the violations back into compliance and to prevent their recurrence. c. Irrigation and freeboard records for 2004 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. - Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb at 910-395-3900 ext. 226 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Dbplin County Soil and Water Conservation District Kraig Westerbeek, Murphy -Brown, LLC Kenneth Best, Duplin County Health Department Patrick Fussell, DSWC-WiRO Star Jackson, Duplin County Cooperative Extension Service Geno Kennedy, Agriment Services Inc. DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 31-349 S:1WQSlANIMALSIDUPLIN12004131-349 NOVRF'E State of North Carolina Department of Environmen and Natural Resources RFC FIVE APR 17 20,01 Michael F. Easley, Governor By. William G. Ross Jr., Secretary Kerr T. Stevens, Director April 6, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill NC 28572 ;NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notification for Wettable Acre Determination Animal Waste Management System New Ground Farm, Facility Number 31-349 Duplin County Dear Benny Kennedy: A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached'by waste application equipment can not be used as part of your plan. An evaluation by Patrick Fussell on 10/14/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category I: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Patrick Fussell the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Patrick Fussell, at 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions please contact Patrick Fussell at (910) 395-3900. If within 90 days you are unable to provide Patrick Fussell with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: �[ Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre 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 DWO within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File Murphy Family Farms BENNY KENNEDY (i 238 KENNEDY LANE (j PINK HILL, NC 28572 NO V 11 2091 (910)298-8368 10/25/01---------------____�._____ Mr. Dean Hunkele Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Hunkele, This memo is to address the compliance inspection that occurred on 10/10/01 and resulted in a Notice of Violation for my farm (fN 31-3497 On 10/19/01 a meeting was conducted between me, Daryl Futral ( farm manager), E.R. Kennedy (cropland manager), and R.G. Kennedy (consultant). I put this group together, in order to assure the crop deficiencies are completed in the most expeditious manner. We decided, since no waste has been applied to the field the following sequence of events to occur. Burn the field, lime the field, straight disc, and re - sprig with Coastal Bermuda in the Spring. In addition we have to sprig field 4 to Coastal in order to satisfy the Wettable Acre Plan that has been completed for my farm. I hope this addresses the violations noted on my farm. With Kind Regards, Vnvy Ke - is Owner Cc Craig Westerbeek Ronnie G. Kennedy Jr. Cr TFtF=:1 Cut Postage S ED m Certified Fee C3 Return Receipt Fee m (Endav-.,ement Requu'ed) C3 C3 Restricted DoWery Fee c3 (Endorsement Required) 0 Total Postage 3 Fees ; ru M k r3 Sent T a I C3 Sireet Apt, No or PO k o city, state, �Q,o PS Form 3600. January 200 n COAL M F CION Nc a J co to O) w0 I SENDER:• •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. R eived by (PI e Pant C )TB.Date of Delivery item 4 if Restricted Deiiveiy is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signa I ■ Attach this card to the back of the mailpiece, X ❑ Agent I or on the front if space permits. 4��C) Addressee D. 15 deliv res§ di tern 1? , 1. Article Addressed to: " a If YES, enter delivery add r Blow...t, - ❑ No r� 3. Service Type 11 190Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7001 Q329 , qa _936�-_ 7976 P5 Form 3811, July 1999 Domestic Return Receipt 102595-00•M-0952 1 f _ Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory P. Thorpe, Ph.D. Acting Director Division of Water Quality October 15, 2001 CERTIFIED MAIL # 7001 0320 0003 0382 7976 RETURN RECEIPT REQUESTED Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 Subject: Notice of Violation New Ground Farm Facility Number: 31-349 Duplin County Dear Mr. Kennedy: This is to notify Mr. Benny Kennedy, who holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S.143.215.1, of a violation with Animal Waste Permit AWS 310349. On October 10, 2001, Mr. Dean Hunkele from the Wilmington Regional Office of the Division of Water On inspected your animal operation and the animal waste management system serving this operation. The following violations were noted during the inspection: Cover Crop Needs Improvement During the inspection it was observed that some of your cover crops need improvement. Specifically, the largest bermuda held contains little to no bermuda and was severely overgrown. In its current vegetative condition, this field is unacceptable as an irrigation site for waste application. The poor condition of this field has been questioned repeatedly overthe years and most recently in July 2000. Even if this field is not used very often, it must be maintained in a suitable condition. This is a violation of the General Permit under Part 2. Operation & Maintenance Requirements; Section 2. For all crops, especially grassed pastures or hay fields, soil pH must be maintained for the proper health of the crop and uptake of nutrients from application. Lime must be applied according to the rate indicated on your annual soil analysis when the amount is equal to or greater than 1.0 ton/acre. In no instance, should more than 1.5 tons/acre be applied during any year. it takes approximately 4-6 months for lime.to work throughoutthe root zone; thus lime should be applied at the appropriate time for it to be available to the next primary summer crop cycle. Wilmington Regional Office 127 Cardinal Drive.Extension Wilmington, NC 28405-3845 Phone: 910,395-3900. Fax: 910-350 2004 Mr. Benny Kennedy October 15, 2001 Page 2 Grassed fields must be harvested to avoid disease, control weed growth, and remove applied nutrients. Bermuda fields should be cut for hay at a height of 16-20 inches and soil pH maintained at 6-6.5. Herbicide may need to be applied periodically for control of broadleaf weeds orvolunteer grasses. Grassed fields may need to be re -sprigged or re -seeded periodically in areas to maintain an adequate cover. Furthermore, your facility was sent a letter in April 2001 requiring that a Wetted Acres Determination be completed within 6 months. This includes any modifications needed including the installation of additional irrigation equipment, incorporation of new fields, changes in cropping system, etc. This Determination, needs to be completed as soon as possible such that the appropriate decisions can be made about cover crops for this facility. If the bermuda field is to be replaced and/or additional acreage is to be converted to bermuda, then the fields should be appropriately limed and sprigged by the end of April 2002. To correct this violation, please submit a detailed Plan of Action to the Wilmington Regional Office of the Division of Water Quality that describes the actions to be taken to address this violation of Animal Waste Permit AWS 310349. The proposed written plan of action must be received by this office within fifteen (15) working days of the receipt of this notice. Upon approval and implementation of the Dian, you must notify this office when the corrective actions are complete. Contact your Service Company, county Soil & Water district office, or county extension office for any assistance they may be able to provide. If the violations are not corrected, the Division of Water Quality may pursue additional avenues to achieve compliance including civil penalties, injunctive relief, or permit revocation. If you have any questions concerning this matter please do not hesitate to contact either Mr. Dean Hunkele or Mr. Stonewall Mathis, of our Wilmington Regional Office at (910) 395-3900 or Mr. Steve Lewis at (919) 733-5083, ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation Star Maready, Duplin County Cooperative Extension Kraig Westerbeek, Murphy -Brown LLC DWQ Non -Discharge Compliance/Enforcement Unit qt Q-INttming#on Animal iies=31_3-4930 S:1WQSIAN[MALSIDUPLIN12001131-349 Kennedy NOV.wpd RIMENT 4" AG(� � � * � ��7 (SEER` SERVICES 7IN��Ct��. WASTE NL 11VAl ENffd�11 CONStJL1L11 rS 9112/00 Mr. Stonewall Mathis Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Mathis: P.O. Box 1096 BcuUville, N.C_ 29519 Phone: (252) 569-26U Fax; (252) 569-2750 FEI�g 0 2000 This memo is to address the 2000 annual inspection that was conducted for Benny Kennedy on 7112/00 he had one facility (FN 31-349). Farm 31-349 had several deficiencies: 1. Non-bermuda vegetation in spray field. (NOD) 2. No floatation device on pump intake. (NOD) 3. Need a recent waste analysis. (NOD) Non-bermuda vegetation will be addressed by spraying a proper herbicide to control weeds. However, it is nearing the end of the Bermuda season so these items may be more appropriately addressed at the beginning of the next growing season for Bermuda. A flotation device will be installed at the pump intake as soon as weather permits. An analysis dated 7/18/00 is enclosed for your review. I hope this information will address the Notice of Deficiency(s) that were noted, If you have any questions please feel free to call. With Kind Regards, Ronnie G. Kennedy Jr. President of Operations Agriment Services, Inc. With Kind Regards, �kenny Ken y Owner/Operator Visit us on the Internet at: www.AgdmentSer-vices.com or email us at asi a coastalnet.com NCDA Agronomic Division 4300 Reedy Creek Road Raleigh,NC 27607-6465 919 733-2655 Report No: W00418 W Grower: Kennedy, Benny Copies To: County Extension Mrector 1330 Ilwy. NC 241 Pink Hill, NC 28572 Agrirnent Services Inc. USDA-NR(,S-Duplin E). aste na ysis effort Farm: Agriment Services lnc. PO Box 1096 Beulaville, NC 28518 ' 7/18/00 Duplin County Sample Info. Laboratory Results arts per million unless otherwise noted Sample ID: N P K Ca Mg S !e Mn 7.1, Cu B MO Cl C Bi(1 Total 525 44.5 693 117 35.3 29.1 2.09 0.25 0.86 0,28 t ,16 ? IN -N Waste Code: -NH4 ALS NO3 Na Ni Cd Pb Al Se Li H SS C.•N DM% CCE% ALE(K al} Description: OR-N 155 7.69 Swine Lagoon Li . Urea Recommendations: Nutrients Available for First Crop lbs/i000 allons Other Elements lbs/1000 gallons Application Metbod N P205 K20 , Ca Mg S Fe Mn Zn Cu B MO Cl Na Ni Cd Pb Al Se Li Irrigalion 2.2 0.59 5.6 0.68 0.21 0.17 0.01 T 0.01. T 0.01 1.3 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 Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill NC 28572 Dear Benny Kennedy: A&4 NCDENR NORTH CAROLINA, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-349 Duplin County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, 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. Sincerel 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% recycled/10% post -consumer paper envirochem ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custodi 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4424 caul 1C A VUE; Rill elil 12.1111JClil VV Cili lf JlU alll1 %Jtllrl- i SAMPLE IDENTIFICATION COLLECTION Camp or Grab CIZ mil' LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME TEMP NONt? n[ I I1,S0. ItNd, Naotl TlIlO OTHER S+ o, 'h? AO Is, C Ice ; 3l? C C G C G C G C G NOTICE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. Transfer Relonauished By: WWI*= Received By: Date[Eime Temperature w ceive : - Accepted: Reje a Resample Requested: Delivered By: Received By: Date:31-7Time: Comments: prD l nvironmenta1 Chemists, Inc, MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: Bob-®,Tz y P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way 11 Wrightsville Beach, (910) 392-0223 (Lab) Wilmington, CONSULTING 3�r» North Carolina 28480 (910) 3924424 (Fax) North Carolina 28405 CHEMISTS NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Rick Shiver ` Brian Wrenn Date Sampled: Sampled By: STREAM: 03/17/99 Brian Wrenn REPORT OF ANALYSIS Date of Report: Purchase Order #: Report Number: Report To: Copy To: March 25, 1999 9-0838 Rick Shiver Brian Wrenn PARAMETER Sample ID Site I Site 2 Site 3 Lab ID # 1851 # 1852 # 1853 Fecal Coliform, colonies/100m1 14,074 270 88,567 Nitrate + Nitrite Nitrogen, NO3 + N% - N mg/L 3.23 0.07 0.52 Ammonia Nitrogen, NH3-N, mg/L 36.4 0.96 171 Total Kejeldahl Nitrogen, TKN mg/L 41.4 0.96 189 Total Phosphorus, P mg/L 1.29 0.11 3.98 Reviewed ba —rA and approved for release to the client. • nviroiENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way ® Wilmington, NC 28405 Sample Collection and Chain of Custody Phone: (910) 392-0223 FAX: (910) 392-4424 Client: ?-,- a Collected B LLLL Re ort No: Sam le T e: Influent Ei�lluent Well, (wream So11 Other : SAMPLE IDENTIFICATION COLLECTION Comp Gab or CIZ 1 mg/L LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME TEMP NONE 110 11,SO, LINO, NaO11 T1110 OTHER oc 17 [JI 11,14;- i I ;(,e- M Ai CAJ S 34 Z -etc. 3/r-76s 1 (5 C k r►� �" 0 C 1` ! c e. , /I 3f 7 ! 7: C C I od C G C G C G C G NOTICE - DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. Transfer Relinauished By: Date/Time Received By-, -Date/Time Temperature whew4leceive Accepted: V _ Delivered By: Received By: Comments: t Resample Requested: Date:31'7 Time: IMPORTANT NOTICE North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample co-Zection and preservation. Client Must Provide the Following Information 1. SAMPLE IDENTIFICATION (Container Associated with requested testing) 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE COLLECTED 4. T ME COLLECTED 5. SAMPLE COLLECTOR 6. PRESERVATION (Including Temperature and pH } Temperature _Samples MUST be refrigerated or received on ice between 2 and 5D 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 by pH adjustment is allowed, except for metals samples reported to the Groundwater Section which must be acidified at the time of collection. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting sample as a violent reaction will occur. Dechlorinating Samples that Require Acid Preservation 1. Add 4-5 granules of thiosulfate to a bottle with no acid preservative ( unpreserved BOD/TSS bottle). 2. After mixing to disslove the thiosulfate, pour half of the sample into a bottle containing acid as a preservative ( AmmonialTKN) 3. Then completely fill both bottles with fresh sample. The Laboratory will verify and document the above requested information. ref. NCAC 2H.0805 (a) (7) (M) ` " At 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 infraction(s). The notification must include a statement indicating corrective actions taken to prevent the problem for future samples. ref. NCAC 2H.0805 (a) (7)LN}. " m v�vl 9— T MT T:� A -1 46, -,,e ". -34 I t . V LA i ,VI 17 jam Ya- BE'k, ........... Cd 4ar-25-99 11:34A Envirochem CONSULTING CHEMISTS 910 392 4424 Environmental Chemists, Inc. 6602 Windmill Way 910.392.0223 phone Wilmington, 910.392.4424 fax North Carolina 28405 EehemW(a,aol.eom facsimile transmittal ................. To: C r 3�t is vim%C e-) From: Company: Date: Fax No.: :- -5C 2— C,C Pages to Re: � —fir ; I t S Follow: Message: 31 P_01 C� Marc- L5 -99 1 1 : 34A Env i roch am 910 392 4424 P _ 02 Environmental Chemists, Inc. MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (910) 392-0223 (Lab) Wilmington, CONSULTING North Carolina 28480 (910) 392- 424 (Fax) North Carolina 28405 CHEMISTS NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Rick Shiver Brian Wrenn Date Sampled: Sampled By: STREAM: 03/ 17/99 Brian Wrenn REPORT OF ANALYSIS Date of Report: Purchase Order 0: Report Number: Report To: Copy To: March 25, 1999 9-0838 Rick Shiver Brian Wrenn PARAMETER Sample ID Site I Site 2 Site 3 Lab ID # 1851 # 1852 91853 Fecal Coliform, colonies/100m1 14,074 270 88,567 Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L 3.23 0.07 0.52 Ammonia Nitrogen, NH,-N, mg/L 36.4 0.96 171 Total Kejeldahl Nitrogen, TKN mg/L 41.4 0.96 189 Total Phosphorus, P mg1L 1.29 0.11 3.98 Reviewed b;: t--' and approved for release to the client. N N m 0 H M envirochem ENVIRONMENTAL CHEMISTS, INC SamBle Collection and Chain of Custody 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4424 aam [e i e: innuen[ r-umentWen urea aon miner SAMPLE IDENTIFICATION COLLECTION Comp Grab C12 �"g� LAB PRESERVATION ANALYSIS REQUESTED DATE TIME TEMP vntif: [[c� [[,sc�, uNo, naox r[[[o cn 11xa SAC ( PC0.J C )m l 7-P' 1/ 17 12117 C111, S / i/ c N C ) n' 19 �c �e a 3/r7 17• . C �53Y' �. Ce- -eca.f c C C. G C G G NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. n Date ime 1 _ Z Temperature w ceiv Accepted: Reje : Resample Requested: m Delivered By: Received By: Date: 3 J71 Time: Ln Comments: 'A ro. renirochem CONSULTING CHEMISTS Customer: NCDEHNR DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Rick Shiver Bii" Wrenn Date Sampled: Sampled By: STREAM: 03/17/99 Brian Wrenn Environmental Chemists, Inc. N AIUNG ADDRESS: TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (910) 392-0223 (Lab) Wilmington, North Carolina 28480 (910) 392-4424 (Fax) North Carolina 28405 NCDEHNR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 REPORT OF ANALYSIS Date of Report : Purchase Order #: Report Number: Report To: Copy To: March 25, 1999 9-0838 Rick Shiver Brian Wrenn PARAMETER Sample ID Site 1 Site 2 Site 3 Lab ID # 1851 # 1852 # 1953 Fecal Conform, colonies/100m1 14,074 270 88,567 Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L 3.23 0.07 0.52 Ammonia Nitrogen, NH3-N, mg/L 36.4 0.96 171 Total Kejeldahl Nitrogen, TKN mg/L 41.4 0.96 189 Total Phosphorus, P mg/L 1.29 0.11 3.98 Reviewed b and approved for release to the client. [envirochem. ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (9I0) 392-4424 3alii lc l e: [nil cut. L' muen[ weiw treauLkj011 u ner. : SAMPLE IDENTIFICATION COLLECTION Comp or Gab Cl2 LAB ID ID PRESERVATION ANALYSIS REQUESTED DATE TIME I TEMP NONE!!ca n,so, nrro, Na011 f!i!O OTHER �0C Ir JJ /r •�� fJ G S; o l 'shr 7'.0o C )M `� iC�Ext a t Ic Z 1� �%I 7 ) ' /• ✓ e -Ca C �4 3�f7 WqT C �� y ice ; c e a 3/�7 I7: 5 C 3 i �� -CCOJ C or C G C G C G C G NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm or less) in the field at the time of collection. See reverse side for instructions. Temperature when4tecelya..`-,' Accepted: ✓ Rejei 03e Resample Requested: Delivered By: Received By: Date:' Time: � ► bLh Comments: N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT COMPL 41NTIEMERGENCY REPORT FORM `VILMINGTON REGIONAL OFFICE Received by: Date/Time: :p E�me_Tgeatjr: Co=ia�nt:_ y// _ Cotmty: Report Received From: 14++yiya^^- LL Ageecy:_ W%i`l i _ C,p. & l _� f� Phme No.� CC=pjainant: Address: Phffie No. Old Time and Date Oc, —i=ed: Locat== of Area Affected: Surface Waters Involved: Groundwater Involved: Other Notiified: 1=mstigatic= Deals:_ Lavestiaator: Date: EPA Region N (404)347-4062 Pc=c;drr 733-3556 F-nerpmn Management 733-3867 W - c Resources 733-T191 Sod and Hazardous Waste i>;-2178 Ma -;cc Fanenrr 726-701f R'atcr Suacir Branch 73.3-2321 U.S. C.s: G.�d MSO 343-481 la7 Cardinal Drive Extension. Wilmington. N.C. 3S405-3545 • Telephone 910-395-3900 • Fax 91C-_ °D-:004 Ar. Erua€ Opportunity Affirmative action Emp€over BENNYAENNEDY 238 KENNEDYLANE PINK HILL, NC 28572 (9I0)298-8368 5/12/99 Mr. Dean Hunkele Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 2M5 Dear Mr. Hunkele, This memo is to address the complaint inspection that occurred on 3/17/99 and resulted in a Notice of Violation for my farm (FN 31-349). As a result of an application event to pull 5 field 3 onto winter annuals, there was a malfuntion to my hard -hose traveler resulting in a release of waste. The traveler gun jammed into the cart and locked into a position that directed waste to the road and along the roadside ditches. At first notice of the malfimctioa#the pump was immediately shut down to prevent further discharge. State DWQ Officials were on -site immediatedfter the discharge before emergency action plan protocal could be carried out. The ditch where liquid waste ponded, was graded and drained to a collection basin and dipped manually back into the lagoon the night of the discharge. Follow-up inspections by DWQ will verify this fact. On 3/22I99, a meeting was held on -site to assess potential irrigation equipment problems leading to the discharge and to take preventive measures so this scenario does not happen again. Craig Westerbeek, a Certified Irrigation Specialist/Designer, was present to offer expertise in this area. In addition, Dean Hunkele, Brian Wrenn, Ronnie G. Kennedy Jr., were present to offer technical assistance to me. It was determined that problems with the traveler caused the discharge and the inspectors were assured that no applications would take place until a new reel was purchased or the damaged one upgraded to operational status. A call and visit was immediately made to and by Gary Scalf, Certified Irrigation Designer/Installer, to assess the damage and make necessary repairs. There has been no application of waste since the incident occurred. On 4/15/99, I was abruptly removed from animal production as a tornado completely destroyed my facility. As a result, I have had no animals or production of waste since the tornado. There is a lot of work to be completed if and when normal operation resumes on my facility. This will allocate the necessary time to address all issues related to this incident. The lagoon will continue to be maintained in accordance with DWQ standards. 1 would ask that the Division please take in account the equipment malfuntion that led to the discharge and also my current status as a swine producer when reviewing this case. With Kind Regards, d==y Owner Cc Craig Westerbeek Ronnie G. Kennedy Jr. Plan Amendment to Include S&WCC Chronic Rainfall Practices and Standards through March 31, 2000 1. If this facility can comply with its existing permit and CAWMP it must do so. ---- 2. Temporary Addition of New Spraytzeld§ (*)-TChw- -appropriate boxes.)- 0 A acres of cropland List crop types used. B. acres of hardwood woodland @ 100 lbs PAN I acre added d C. acres of piste woodland added @ 60 lbs PAN / acre added 3. Summer Perennial Grass (Check appropriate box.) a A Application window extended for acres of perennial grass until first killing frost. [] B. An additional 50 Ibs of PAN applied to acres of perennial grass prior to killing frost. 4. PApplication increased for Small Grains & Winter Grasses to be harvested (Check appropriate box.) fA� PAN application increased up to 200 lbs per acre for � acres of small grains or winter grasses to be harvested �AN application increased up to 150 lbs per acre for/d-os acres of overseeded summer perennial included in 3. B. 5. Waste Analysis (Check appropriate box.) n A Prior to December 1", 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25 year 24 hour storm event- (Clurerrt waste analysis must be used after Dec. 1" .) n 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. Required - Irrigation Management Techniques to Reduce Runoff and Ponding Potential. A. Making frequent, light irrigation applications, and B. Not irrigating immediately before predicted rainfall. 8. The owner / manager is required to manage the movement of animals to and from the facility to minimize environmental impacts, ensure compliance with the facility's permit and, amended CAWMP, and avoid discharge to surface eaters. 9. Authorization to use the additional practices included in this amendment expires if a facility discharges to surface vuaters. 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 I 13e,04,1 /(Ll "'JV. Facility Own Manager Milne (PRINT) Facility 04hrer / Ma6ger Signature Date_"I >��--_ �^ & cmujFacility Name Name Z-�J��O cal Specialist Name (PRINT) Tecb;icd SpRe=Wist Signature Date This document must be filed at the SWCD office and be attached to the facilities CAWMP and be available for inspection at the facility. (*) New temporary sprayfields must meet applicable buffer and setback requirements. Waste must not be applied to wetlands. State of North CarolinaIT Department of Environment i����IVED and Natural Resources Division of Water Quality FEB 2 4 1999 f James B. Hunt, Jr., Governor BY: Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 19, 1999 Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill NC 28572 Subject: Certificate of Coverage No. AWS310349 New Ground Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Benny Kennedy: In accordance with your application received on September 22, 1998, we are forwarding this Certificate of Coverage (COC) issued to Benny Kennedy, 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 New Ground 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 AWS310349 New Ground Farm Page 2 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, A. Preston Howard, Jr., P.E. cc_ (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File- Central Files NDPU Files - S State of North Carolina Department of Environment and Natural Resources ;:1 VED Division of Water Quality i,_-%; ��.'?,'__V-, c 3011 Non -Discharge Permit Application Form (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) SEP 2 2 '1 96 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: New Ground Farm 1.2 Print Land Owner's name: Benny Kennedy 1.3 Mailing address: -� 3 $— City, State: Pink Hill NC __---_ Zip: 28572 _ Telephone Number (include area code): 910-29843-2t- 1.4 County where facility is located: Du lin 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): From Beulaville take NC 1 I 1 N 3.0 miles; turn Rt. onto SR 1700 then turn Rt. onto SR 1700 then an almost immediate Lt. turn onto SR 1732 for 1.2 miles; turn Rt. onto dirt SR 1735, 0 0.5 mile to farm entrance on Lt. OR: On north side of SR1735, 0.25 miles east of intersection with SR1732. 1.6 Print Farm Manager's name (if different from Land Owner): 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): A�/A 2. OPERATION .INFORMATION: 2.1 Facility No.: 31 (county number); 349 (facility number). 2.2 Operation Descrip nt� nt Swine operation Wider to Finish 2448- Certified Desi apacity Is the above information correct? yes; no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum num er or which the waste management structures were designed. Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals 0 Wean to Feeder 0 Layer 0 Dairy 0 Feeder to Finish 0 Non -Layer 0 Beef 0 Farrow to Wean (# sow) 0 Turkey 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of Animals: FORM: AWO-G-E 5/28/98 Page 1 of 4 31 - 349 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 33.4 ; Required Acreage (as listed in the AWMP): 3O:. 3/. ys 2.4 Number of lagoons/ storage ponds (circle which is applicable): 1 2.5 Are subsurface drains present within 1 a0' of any of the application fields? YES oCO)(please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NR Standards, etc.) (Swine Only) FORM: AWO-G-E 5/28/98 Page 2 of 4 31 - 349 YE NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? What was the date that this facility's land application areas were sited? Facility Number: 31 - 349 Facility Name: New Ground Farm 4. APPLICANT'S CERTIFICATION: i fOAV SEP 2 2 1998 Mr. Disc? ar._a permii r.- (Land Owner's name listed in question 1.2), attest that this application for 6i0wo-tw (Facility name listed in question I.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Signature �. _, ., ... _ ,. Date If 47 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question I.1) has been reviewed by me and is accurate and complete to the best of :ny knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION 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 - 349 Animal W aS[e Management Plan Leruticat,1011 -General Information: ame of Farm: Qwt O FarrA Facility No: Owner(s) Name: yn _Xeth h �ra(v Phone No; 3 O Mailing Address: 1330 Hew Alc all l _ P'nk H ji , N.. C. IFS ?1Z — Farm Location: Fourteen Digit Hydrologic Unit: 0303000'70�! 00 I0..__ Latitude and Longitude: 3 yD S 7 ! .sy , l � 4/7 � 16 e' County: D A 1. r, Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): Fr p lit.Tklce 14t,. Y. IV. bbk. to e7oo. 7 i `. r A 't rmvct 13 1 f f a s T<s,-, ,r: . r ODeration Descriotion: Type of Swine No of Animals Type of Poultry No of Animals Type of Cattle No of Animals 17 Wean to Feeder ,,; ,, , ❑ Layer ❑ Dairy Feeder to Finish �� 0 Pullets 0 Beef ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish Other Type of Livestock: Plumber of Animals: Acreage Available for Application: 3, Required Acreage: 30.41S Number of Lagoons/Storage Ponds: �t - Total Capacity: Y4 5 d 17 Cubic Feet (ft-3) Are subsurface drains present on the farm: YES or NO (please circle one) Owner/Manager Agreement I(we) verify that all the above information is correct and will be updated upon changing. 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) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state. either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be rurt-0ff from the application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that modification must be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved plan is changed) within 60 days of a title transfer,,, Name of Lan Owner: /St�►ne. signature: _ ,ame of Manager ( different from ow Signature: AWC -- April 24, 1996 Date: Date: Ted ical Specialist Certificat n L As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service (NRCS) 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 are included in the plan as applicable. While each category designates a technical specialist who may sign each certification (SD, SI, WUP, RC, I), the technical specialist should only certify parts for which they are technically competent. t; .�- �, 1 D I ySwC 110;4 H. Certification of Design A) Collection, Storage. Treatment SvStgm Check t1te appropriate box r; t1-'?iSchaaT90 Pei-Mi !!'g Existing facility without retrofit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization requirements. ❑ New, expanded or retrofitted facility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): BILLY 41 HOUSTON -- Affiliation: DUPLIN S & H CONSER DISTRICT _ Address(Agency): PO BOX 277KENANSVILLE NC 28349 -- Signature: q TELEPHONE 910-296--2120 B) Land Application —Site (WUP) The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management: hydraulic and nutrient loadinz rates. Name of Technical Specialist (Please Print): ILLY W HOUSTON — Affiliation: DUPLIN S & 1-1 CONSER DISTRICT _ Address (Agency): PO BOX 277ENANSVILLE NC 28349 -- Signature: �/✓ X� S'I2.3 �g 6 TELEPIJONE 910-296-2120 - -- — C) Runoff n r! fr m Exterior Lots Check the appropriate box V"Facil_ity without exterior lots (SD or WUP or RC) This facility does not contain any exterior lots. ❑ Facility with exterior lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by NRC'S. Name of Technical Specialist (Please Print): BILLY 14 HOUSTON Affiliation: DUPLIN S & 1-1 CONSER DISTRICT _ Address (Agency): PO BOY, 277KEIgANSVILLE NC 28349 — Signature:_ �, �'� 194 TELEPHONE 91 -296-2120 AWC -- April 24, I996 D) Annli!�ation and Handli. Eouinment Check the appropriate box Is ZV_, i `�tirV Existing facility with existing waste application equipment (WUP or I) Animal waste application equipment specified in the plan has been either field calibAFR br2 iq% evaluated in accordance with existing design charts and tables and is able to apprly waste as necessary to accommodate the waste management plan: (existing application equipment.can, cover the area required by the plan at rates not to exceed either the specified hydraulic or`tu t'W11?1i;R4 nutrient loading rates, a schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). ❑ New or expanded facility: or existing facility without exi$ting_waste application equipment (I) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). Name of Technical Specialist (Please Print): _ BILLY 1f. HOl1STON Affiliation: DIIPLIN S & 14 CONSER DISTRICT _ Address (Agency): PO BOX 277 KENANSVILLE NC 28349 Signature: 8't& rww9 L. TELEPHONE 910--296-2120 III. Certification of Installation A) Collection, Storage, Treatment Installation New, expanded or retrofitted facility (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofits, no certifcation is necessary. Name of Technical Specialist (Please Print): Affiliation: Address (Agency): Phone No.: Signature: Date: A WC -- April 24, 1996 - B) Land Al2plicationn Sit (WU, Check the appropriate box V The cropping system is in place on all land as specified in the animal waste management plan. 0 Conditional Approval: all required Iand as specified in the plan is cleared for planting; the cropping system as specified in the waste utilization plan has not been established and the owner has committed to establish the vegetation as specified in the plan by (month/day/year); the proposed cover crop is appropriate for compliance with the waste utilization plan. ❑ Also check this box if appropriate if the cropping system as specified in the plan can not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Name of Technical Specialist (Please Print): ILLY W HOL'STON Affiliation: _ D-UPLII.1 S & 1.1 CONSER DISTRICT Address (Agency : PO BOX 277 ENANSVILLE NC.",- Signature: TELEPHONE 910-296--21.20_ This following signature block is only to be used when the box for conditional approval in IIT. B above has been checked. I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: Name of Manager(if different from owner): _ Date: Signature: Date: C) Runoff Controls from Exterior Lots (RC) Facility with exterior lot Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation: Address (Agency): Phone No.: Signature: AWC -- April 24, 199b Date: WASTE UTILIZATION PL PAGE 1 April 9, 199'6 PRODUCER: BENNY KENNEDY ` LOCATION* 1330 HWY /V L ay PINK HILL NC 28572 TELEPHONE: (910)298-3327 TYPE OPERATION: Feeder to Finish Swine NUMBER OF ANIMALS: 2448 hogs design capacity The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infilitration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special,pre- cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage require- ments should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. WASTE UTILIZATION PI i PAGE 2 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. WASTE UTILIZATION PI PAGE 3 577 TABLE 1: ACRES OWNED BY PRODUCER ACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED APPLIC. 5.5 TIME 3 1 AUB BE— 275 6.34 1743.5 APR-SEP 5773 SG 1 150 1 16.34 1317 SEP-NOV 5773 2 BH 5.5 JAUB 1275 1 13.71 11020.2S APR-SEP 5773 -2 SG 1 150 13.71 1185.5 SEP-NOV 5773 3A SG 1 5 150 1250 SEP-NOV 5773 3 C 6.95 JAUB 175 173.75 120 15.12.562 MAR-JUN 5773 �3 JAUB JW 145 190 16.95 1625.5 FEB-MAR v 3 3 DSB JAUB 118 172 1 J6.95 1500.4 JUN-SEPT 5773 4 IFOA IC 1120 1130 J20 �1.5 1195 MAR-JUN 5773 1.5 1-4 IFOA JW 155 1110 1 1165 FEB--MAR 5773 4 DSB IFOA 128 1112 1 11.5 1168 JUN-SEPT END TOTAL 5682.71 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. WASTE UTILIZATION PI PAGE 4 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED APPLIC. TIME END TOTAL 10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be•removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. WASTE UTILIZATION PI PAGE 5 V following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS LBS N PER UNIT BH HYBRID BERMUDAGRASS-HAY TONS 50 C CORN BUSHELS 1.25 DSB DOUBLE CROPPED SOYBEANS BUSHELS 4 SG SMALL GRAIN OVERSEEDED AC 50 W WHEAT BUSHELS 2 TOTALS FROM TABLES 1 AND 2 TABLE 1 1 31.95 1 5682.712 TABLE 2 TOTAL 1 31.95 AMOUNT 0 *** BALANCE 1 5682.712 5630.4 -52.3125 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. WASTE UTILIZATION PI PAGE 6 See attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of waste being stored in your structure be within 1.7 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. Call your 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. 1 NARRATIVE OF OPERATION: A:IOd � cl, �7 NARRATIVE OF WASTE UTILIZATION PLAN: TRACT NUMBER 5773 FIELD 3A IS INCORPORATED IN THE PLAN AS SMALL GRAIN. THIS WAS DONE TO ACCOMMODATE 5 ACRES OF TOBACCO THAT WILL BE ROTATED ON THIS AREA FROM YEAR TO YEAR. DURING THE TIMES THAT TOBACCO DOES NOT OCCUPY THIS FIELD, IT MAY BE INCORPORATED IN THE ROTATION CROP THAT FIELD 3 IS PLANTED IN. IT WILL BE EITHER CORN/WHEAT OR SOYBEANS. EACH OF WHICH HAS AN AGRONOMIC RATE GREATER THAN THE 50 LBS. PER/ACRE WHICH IS ALLOWED IN THIS PLAN. PLANTED ON AUTRYVILLE SOIL, CORN HAS AN AGRONOMIC RATE OF 73.75 LBS PER/ACRE, WHEAT HAS 90 LBS PER/ACRE, AND SOYBEANS HAS 72 LBS. PER/ACRE. FIELD 3A SHOULD MEET MONITORING AND REPORTING REQUIREMENTS AT ALL TIMES WHEN WASTE IS APPLIED TO ANY OF THE CROPS SPECIFIED IN THIS NARRATIVE. MR. KENNEDY PLANS TO APPLY HIS WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE AGRONOMIC OR HYDRAULIC LOADING OF THE CROPS/SOILS. 7/22/97 RONAIIE G. KENNEDY JR. TECfINICAL SPECIALIST WASTE UTILIZATION PI PAGE 7 Plans and Specifications I. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application,.or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either has owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Standard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. when applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 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 no more than 20 to 25 percent of the leaf area is covered. WASTE UTILIZATION PL' 10. Waste nutrients snall not be applied in fall or winter for spring planted crops on soils with a high potential for' leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right -of ways. 15. Animal waste shall not be discharged into surface wasters, drainageways, or wetlands by discharge or by over -spraying. Animal wastemay be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed,.special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and imple- menting a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. PAGE 8 WASTE UTILIZATION PI PAGE 9 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 ap- proved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management (DEM) before the new animals are'stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25 year, 24•hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. I (we) understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also cer- tify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: BENNY KENNEDY SIGNATURE: NAME OF MANAGER (if different fro . ner): please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Ronnie Gene Kennedy Jr. AFFILIATION: Duplin Soil and Water Conservation District ADDRESS (AGENCY): P. O. Box 277 Ke nsville 28349 ,p.r)//SIGNATURE: DATE: / �� PRODUCER CERTIFICATION OF IRRIGATION EQUIPMENT f, Bf—nf%y, certify that I (own, } the (producer) following irrigation equipment: TYPE IRRIGATION AND SIZE AVAILABLE FROM (owner of equipment) I further certify that, through the arrangements I have made concerning irrigation equipment, I will be able to irrigate as necessary according to my waste management plan. Signature PRODUC ' Date (producer) CERTIFICATION OF INTENT TO PLANT G� FOR \ IRRIGATION I, _ \ , certify that I wil ant the specified grasses (producer) 11 as outlined in my waste management- an at the next avai e seeding date. If this seeding date is in excess of 6 months from the date I stack a ' als, then I will provide a temporary cover of small grain if needed for irrigation,, Signature / \ Date R �o :4 1 It Y 44 tea_.,.! � , x8�� `�+� � r � � * � • s• 4 s• f al Itj h i of °r " ♦S � r�T Rh r � r System Calibration Information presented in manufacturer's charts are based on average operation conditions with relatively new equipment. Discharge rates and application rates change over time as equipment gets older and components wear. In particular, pump wear tends to reduce operating pressure and flow. With continued use, nozzle wear results in an increase in the nozzle opening which will increase the discharge rate while decreasing the wetted diameter. You should be aware that operating the system differently than assumed in the design will alter the application rate, diameter of coverage, and subsequently the application uniformity. For example, operating the system with excessive pressure results in smaller droplets, greater potential for drift, and accelerates wear of the sprinkler nozzle. Clogging of nozzles can result in pressure increase. Plugged intakes or crystallization of mainlines will reduce operating pressure. Operating below design pressure greatly reduces the coverage diameter and application uniformity. For the above reason, you should calibrate your equipment on a regular basis to ensure proper application rates and uniformity. Calibration at least once every three years is recommended. Calibration involves collecting and measuring flow at several locations in the application area. Any number of containers can be used to collect flow and determine the application rate. Rain gauges work best because they already have a graduated scale from which to read the application amount without having to perform additional calculations. However, pans, plastic buckets, jars, or anything with a uniform opening and cross-section can be used providea the liquid collected can be easily transferred to a scaled container for measuring. For stationary sprinklers, collection containers should be located randomly throughout the application area at several distances from sprinklers. For traveling guns, sprinklers should be located along a transect perpendicular to the direction of pull. Set out collection containers 25 feet apart along the transect on both sides of the gun cart. You should compute the average application rate for all nonuniformity of the application. On a windless day, variation between containers of more than 30 percent is cause for concern. You should contact your irrigation dealer or technical specialist for assistance. 'Reprinted for Certification Training for Operations of Animal Waste Management Systems Manual SWINE FARM WASTE MANAGEMENT ODOR CONTROL CHECKLIST Source Cause BMP's to irnize Odor Site Specific Practices Farmstead Swine production Ir9agetative or wooded buffers; {) Recommended best management pr cos; Good iudgment and common sense Animal body surfaces Dirty manure -covered animals { } Dry floors Floor surfaces Wet manure -covered floors { lotto rs; { sterers located over slotted floors; { ► Feeders at high and of solid floors; { I Scrape manure buildup from floors; f l Underfloor ventilation for drying Manure collection pits Urine { I Frequent manure removal by flush,pit recharge,or scrape Parital micorbial decomposition (j Underfloor ventilation Ventilation exhaust fans Volatile gases; () Fan maintenance; Dust f l Efficient ovement Indoor surfaces Dust ashdown between groups of animals (} Feed additives; { I Feeder covers; f 1 Food delivery downspout extenders to feeder covers Flush tanks Agitation of recycled lagoon f l Flush tank covers liquid whiles tanks are filling (I Extend fill lines to near bottom of tanks with anti -siphon vents Flush alleys Agitation during wastewater f l Underfloor flush with underfloor conveyanance ventilation Pit recharge points Agitation of recycled lagoon { } Extend rechard lines to near bottom of liquid while pits are filling pits with anti -siphon vents Lift stations Agitation during sump tank filling f l Sump tank covers and drawdown Outside drain collection Agitation during wastewater (I Box covers or junction boxes conveyance End of drainpipes at lagoon Agitation during wastewater f I Extend discharge point of pipes — undam lagoon liquid level Lagoon surfaces Volatile gas emissions roper lagoon liquid capacity Biological mixing f l Correct lagoon startup procedures Agitation (I Minimum surface area -to -volume ratio f ] Minimum agitation when pumping I } Mechanical aeration (} Proven gicai additives Irrigation sprinkler nozzles Nigh pressure agitation Irrigate on dry days with little or no wind Wind draft ecommended operation pressure f }�umpn,.'ka near lagoon liquid surface f 1 Pump from second -stage lagoon AMOC--November 11, 1996 itorage tank or basin Partial microbial decomposition { 1 Bottom or midlevel loading surface Mixing while filling (1 Tank covers Agitation when emptying (1 Basin surface mats of solids (1 Proven biological additives or oxidants fettling basin surface Partial micobial decomposition 1 } Extend drainpipe outlets underneath liquid Mixing while filling level Agitation when emptong () Remove settled solids regularly Aanure, slurry or sludge Agitation when spreading { } Soil injection of slurry/sludges spreader outlets Volatile gas emissions (1 Wash residual manure from spreader after use { } Proven biological additives or oxidants Jncovered manure, slurry Volatile gas emissions while drying I } Soil infection of slurry/sludges )r sludge on field surfaces { } Soil incorporation within 48 hours {) Spread in thin uniform layers for rapid drying { ) prove ogical additives or oxidants -- - )ead animals Carcass decomposition { Proper disposition of carcasses )ead animal disposal Carcass decomposition I } Complete covering of carcasses in burial pits )its I j Proper location/construction of disposal pits ncinerators Incomplete combustion ( ) Sa Clary stack burners itanding water around Improper drainage .(`1 Grade and landscape such that water drains :acilities Microbial decomposition of away fro facilities organic matter Aanure tracked onto public Poorly maintained access roads j Farm access road maintenance oads from farm access additional Information: Available From: ;wine Manure Management; 0200 Rule/BMP Packet ;wine Production Farm Potential Odor Sources and Remedies, EBAE Fact Sheet ;wine Production Facility Manure Management: Pit Recharge --Lagoon Treatment; EBAE 1 28-88 ;wine Production Facility Manure Management: Underfloor Fluse--Lagoon Treatment; EBAE 129-88 .agoon Desig and Management for Livestock Manure Treatment and Storage; EBAE 103-83 :alibration of Manure and Wastewater Application Equipment; EBAE Fact Sheet :ontrolling Odors from Swine Buildings; PIH-33 .nvironmental Assuranc Program: NPPC Manual )ptions for Managing Odor; a report from the Swine Odor Task Force duisance Concerns in Animal Manure Management: Odors and Flies; PR0107, 1995 Conference Proceedings NCSU-County Extension NCSU-BAE NCSU-BAE NCSU-BAE NCSU-BAE NCSU-BAE NCSU-Swine Extension NC Pork Produces Assoc NCSU Agri Communicatic Florida Cooperative Exten Fhe issues checked ( ) pertain to this operation. The landowner/integrator agrees to use sound judgment in appl• odor control measures as practical. certify the aforementioned odor control Best Managment Practices have been reviewed with me. 1yAl- _ System Calibration Information presented in manufacturer's charts are based on average operation conditions with relatively new equipment. Discharge rates and application rates change over time as equipment gets older and components wear. In particular, pump wear tends to reduce operating pressure and flow. With continued use, nozzle wear results in an increase in the nozzle opening which will increase the discharge rate while decreasing the wetted diameter. You should be aware that operating the system differently than assumed in the design will alter the application rate, diameter of coverage, and subsequently the application uniformity. For example, operating the system with excessive pressure results in smaller droplets, greater potential for drift, and accelerates wear of the sprinkler nozzle. Clogging of nozzles can result in pressure increase. Plugged intakes or crystallization of mainlines will reduce operating pressure. Operating below design pressure greatly reduces the coverage diameter and application uniformity. For the above reason, you should calibrate your equipment on a regular basis to ensure proper application rates and uniformity. Calibration at least once every three years is recommended. Calibration involves collecting and measuring flo�,v at several locations in the application area. Any number of containers can be used to collect flow and determine the application rate. Rain gauges work best because they already have a graduated scale from which to read the application amount without having to perform additional calculations. However, pans, plastic buckets, jars, or anything with a uniform opening and cross-section can be used provided the liquid collected can be easily transferred to a scaled container for measuring . For stationary sprinklers, collection containers should be located randomly throughout the application area at several distances from sprinklers. For traveling guns, sprinklers should be located along a transect perpendicular to the direction of pull. Set out collection containers 25 feet apart along the transect on both sides of the gun cart. You should compute the average application rate for ail nonuniformity of the application. On a windless day, variation between containers of more than 30 percent is cause for concern. You should contact your irrigation dealer or technical specialist for assistance. 'Reprinted for Certification Training for Operations of Animal Waste Management Systems Manual MORTALITY MANAGEMENT METHODS (check which method(s) are being implemented) ( } Burial three feet beneath the surface of the ground within 24 hours after knowledge of the death. The burial be at least 300 feet from any flowing steam or public body of water. ( Rendering at a rendering plant licensed under G. S. 106-168.7 ( ) Complete incineration { ) In the case of dead poultry only, placing in a disposal pit of a size and design approved by the Department of Agriculture. ( ) Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal health. (Written approval of the State Veterinarian must be attached) INSECT CONTROL CHECKLIST FOR ANIMAL OPERATIONS Source Cause BMP's to Minimize Odor Site Specific Practices (Liquid Sy3aems) Flush Gutters Accumulation of solids ("iFlush system is designed and operated sufficiently to remove accumulated sollds from gutters as designed. ( ) Remove bridging of accumulated solids at discharge Lagoons and Pits Crusted Solids ( I Maintain lagoons, settling basins and pits where past breeding is apparent to minimize the crusting of solids to a depth of no more than 6-8 inches over more than 305surface. Excessive Vegetative Decaying vegetation (KAaintain vegetative control along banks of Growth lagoons and other impoundments to prevent accumulation of decaying vegetative matter along water's edge on impoundment's perimeter. (Dry Systems) Feeders Feed Spillage ( ) Design, operate and maintain feed systems le.g., bunkers and troughs) to minimize the accumulation of decaying wastage. j Clean up spillage on a routine basis (e.g. 7-10 day interval during summer; 1 5-30 day interval during winter). Feed Storage Accumulations of feed residues I 1 Deduce moisture accumulation within and around immediate perimeter of feed storage areas by insuring drainage away from site andlor providing adequate containment (e.g., covered bin for brewer's grain and similar high moisture grain productsl. (I Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. Animal Holding Areas Accumulations of animal wastes {) Eliminate low area that trap moisture along fences and feed wastage and other locations where waste accumulates and and disturbance by animals is minimal. { 1 Maintain fence rows and lifter strips around animal holding areas to minimize accumulations of wastes (i.e. inspect for and remove or break up accumulated solids as needed). AMIC--November 11. 1996 Dry Manure Handling Accumulations of animal wastes f 1 Remove spillage on a routine basis (e.g. 7-10 day Systems interval during summer; 15-30 days interval during winter) where manure is loaded for land application or disposal. f } Provide for adequate drainage around manure stockpiles. f I Inspect for and remove or break up accumulated wastes in filter stripes around stockpiles and manure handling areas as needed. The issues checked f peain to this operation. The landowner/integrator agrees to use sound judgment in applying insect control measures as practical. I certify the aforementioned insect control Best Management Practices have been reviewed with me. (Landowner Signature) For more information contact the Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleign, NC 27695-7613. AMIC--November 11, 1996 EMERGENCY ACTION PLAN Using this outline as guidance, you should develop a specific emergency action plan for your waste handling system. This plan will be implemented in the event that wastes from your operation are leaking, overflowing, or running off the site. You should NOT wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be available to all employees at the facility, as accidents, leaks, and breaks could happen at any time. Your plan should follow this format: Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to problems are listed below: a. Lagoon overflow --possible solutions are: add soil to berm to temporarily increase elevation of dam —any permanent alteration of the dam should be approved by a qualified technical specialist pump wastes to field at an acceptable rate stop all additional flow to the lagoon {waterers} --hold waste in house if possible call a pumping contractor make sure no surface water is entering lagoon NOTE: These activities should be started when your lagoon level has exceeded the temporary storage level. b. Runoff from waste application field —actions include: immediately stop waste application create a temporary diversion or berm to contain the waste on the field incorporate waste to reduce further runoff C. Leakage from the waste distribution system: pipes and sprinklers —actions include: — stop recycle (flushing system) pump stop irrigation pump -� close valves to eliminate further discharge separate pipes to create an air gap and stop flow flush system, houses, solids separators —actions include: — stop recycle (flushing system) pump stop irrigation pump — make sure no siphon effect has been created separate pipes to create an air gap and stop flow d. Leakage from base or sidewall of lagoon. Often these are seepage as opposed to flowing leaks —possible action*: dig a small well or ditch to catch all seepage, put in a submersible pump, and pump back into lagoon if holes are caused by burrowing animals,trap or remove animals and fill holes and compact with a clay type soil other holes may be likewise temporarily plugged with clay soil *Lagoon problems require the consultation of an individual experienced in the design and installation of lagoons for permanent repair measures. 2. Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? C. Any damage notes, such as employee injury,fish kills, or property damage? 3. Contact appropriate agencies. a. During normal business hours, call your DEM regional office, at 910-395-3900, after hours, emergency number: 919-733-3942. Your phone call should include: your name, facility, telephone number, the details of incident from item 2 above, the exact location of the facility, and the location or direction of movement of the spill, weather and wind conditions, what corrective measures have been under taken, and the seriousness of the situation. b. If spill leaves, or is likely to leave, property or enters surface waters, call local emergency management services (EMS) at 910-296- 2160. C. Instruct EMS to contact local Health Department. d. Contact local Soil and Water Conservation District Natural Resources Conservation Service office at 910-296-2121, and Cooperative Extension Service at 910-296-2143for advice/technical assistance. e. If you are a contract swine grower associated with a swine company integrator, contact the company representative. 4. Implement procedures as advised by DEM and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. DUPLIN COUNTY COOPERATIVE EXTENSION SERVICE PO BOX 458 KENANSVILLE, NORTH CAROLINA 28349 910-296-2143 DUPLIN COUNTY SOIL AND WATER CONSERVATION DISTRICT NATURAL RESOURCES CONSERVATION SERVICE PO BOX 277 KENANSVILLE, NORTH CAROLINA 28349 910-296-2121 DUPLIN COUNTY EMERGENCY MANAGEMENT SYSTEM PO BOX 909 KENANSVILLE, NORTH CAROLINA 28349 910-296-2160 DIVISION OF ENVIRONMENTAL MANAGEMENT 127 CARDINAL DRIVE EXT WILMINGTON, NORTH CAROLINA 28405-3845 910-395-3900 OPERATION & MAINTENANCE PLAN Proper lagoon liquid management should be a year-round priority. It is especially important to manage levels so that you do not have problems during extended rainy and wet periods. Maximum storage capacity should be available in the lagoon for periods when the receiving crop is dormant (such as wintertime for bermudagrass) or when there are extended rainy spells such as the thunderstorm season in the summertime. This means that at the first signs of plant growth in the later winter/early spring, irrigation according to a farm waste management plan should be done whenever the land is dry enough to receive lagoon liquid. This will make storage space available in the lagoon for future wet periods. In the late summer/early fall the lagoon should be pumped down to the low marker (see Figure 2-1) to allow for winter storage. Every effort should be made to maintain the lagoon close to the minimum liquid level as long as the weather and waste utilization plan will allow it. Waiting until the lagoon has reached its maximum storage capacity before starting to irrigate does not leave room for storing excess water during extended wet periods. Overflow from the lagoon for any reason except a 25-year, 24-hour storm is a violation of state law and subject to penalty action. The routine maintenance of a lagoon involves the following: Maintenance of a vegetative cover for the dam. Fescue or common bermudagrass are the most common vegetative covers. The vegetation should be fertilized each year, if needed, to maintain a vigorous stand. The amount of fertilizer applied should be based on a soils test, but in the event that it is not practical to obtain a soils test each year, the lagoon embankment and surrounding areas should be fertilized with 800 pounds per acre of 10-10-10, or equivalent. Brush and trees on the embankment must be controlled. This may be done by mowing, spraying, grazing, chopping, or a combination of these practices. This should be done at least once a year and possibly twice in years that weather conditions are favorable for heavy vegetative growth. NOTE: If vegetation is controlled by spraying, the herbicide must not be allowed to enter the lagoon water. Such chemicals could harm the bacteria in the lagoon that are treating the waste. Maintenance inspections of the entire lagoon should be made during the initial filling of the lagoon and at least monthly and after major rainfall and storm events. Items to be checked should include, as a minimum, the following: Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes --look for: 1. separation of joints 2. cracks or breaks 3. accumulation of salts or minerals 4. overall condition of pipes Lagoon surface —look for: 1. undesirable vegetative growth 2. floating or lodged debris Embankment —look for: 1. settlement, cracking, or "jug" holes 2. side slope stability —slumps or bulges 3. wet or damp areas on the back slope 4. erosion due to lack of vegetation or as a result of wave action 5. rodent damage Larger lagoons may be subject to liner damage due to wave action caused by strong winds. These waves can erode the lagoon sidewalls, thereby weakening the lagoon dam. A good stand of vegetation will reduce the potential damage caused by wave action. If wave action causes serious damage to a lagoon sidewall, baffles in the lagoon may be used to reduce the wave impacts. Any of these features could lead to erosion and weakening of the dam. if your lagoon has any of these features, you should call an appropriate expert familiar with design and construction of waste lagoons. You may need to provide a temporary fix if there is a threat of a waste discharge. However, a permanent solution should be reviewed by the technical expert. Any digging into a lagoon dam with heavy equipment is a serious undertaking with potentially serious consequences and should not be conducted unless recommended by an appropriate technical expert. Transfer Pumps —check for proper operation of: 1. recycling pumps 2. irrigation pumps Check for leaks, loose fittings, and overall pump operation. An unusually loud or grinding noise, or a large amount of vibration, may indicate that the pump is in need or repair or replacement. NOTE: Pumping systems should be inspected and operated frequently enough so that you are not completely "surprised" by equipment failure. You should perform your pumping system maintenance at a time when your lagoon is at its low level. This will allow some safety time should major repairs be required. Having a nearly full lagoon is not the time to think about switching, repairing , or borrowing pumps. Probably, if your lagoon is full, your neighbor's lagoon is full also. You should consider maintaining an inventory of spare parts or pumps. Surface water diversion features are designed to carry at/ surface drainage waters (such as rainfall runoff, roof drainage, gutter outlets, and parking lot runoff) away from your lagoon and other waste treatment or storage structures. The only water that should be coming from your lagoon is that which comes from your flushing (washing) system pipes and the rainfall that hits the lagoon directly. You should inspect your diversion system for the following: 1. adequate vegetation 2. diversion capacity 3. ridge berm height Identified problems should be. corrected promptly. It is advisable to inspect your system during or immediately following a heavy rain. if technical assistance is needed to determine proper solutions, consult with appropriate experts. You should record the level of the lagoon just prior to when rain is predicted, and then record the level again 4 to 6 hours after the rain (assumes there is no pumping). This will give you an idea of how much your lagoon level will rise with a certain rainfall amount (you must also be recording your rainfall for this to work). Knowing this should help in planning irrigation applications and storage. If your lagoon rises excessively, you may have an inflow problem from a surface water diversion or there may be seepage into the lagoon from the surrounding land. Lagoon Operation Startup: Immediately after construction establish a complete sod cover on bare soil surfaces to avoid erosion. 2. Fill new lagoon design treatment volume at least half full of water before waste loading begins, taking care not to erode lining or bank slopes. 3. Drainpipes into the lagoon should have a flexible pipe extender on the end of the pipe to discharge near the bottom of the lagoon during initial filling or another means of slowing the'incoming water to avoid erosion of the lining. 4. When possible, begin loading new lagoons in the spring to maximize bacterial establishment (due to warmer weather). 5. It is recommended that a new lagoon be seeded with sludge from a healthy working swine lagoon in the amount of 0.25 percent of the full lagoon liquid volume. This seeding should occour at least two weeks prior to the addition of wastewater. 6. Maintain a periodic check on the lagoon liquid pH. If the pH falls below 7.0, add agricultural lime at the rate of 1 pound per 1000 cubic feet of lagoon liquid volume until the pH rises above 7.0. Optimum lagoon liquid pH is between 7.5 and 8.0. 7. A dark color, lack of bubbling, and excessive odor signals inadequate biological activity. Consultation with a technical specialist is recommended if these conditions occur for prolonged periods, especially during the warm season. Loading: The more frequently and regularly that wastewater is added to a lagoon, the better the lagoon will function_ Flush systems that wash waste into the lagoon several times daily are optimum for treatment. Pit recharge systems, in which one or more buildings are drained and recharged each day, also work well. .. . 4 Management: Practice water conservation —minimize building water usage and spillage from leaking waterers, broken pipes and washdown through proper maintenance and water conservation. Minimize feed wastage and spillage by keeping feeders adjusted. This will reduce the amount of solids entering the lagoon Maintain lagoon liquid level between the permanent storage level and the full temporary storage level. Place visible markers or stakes on the lagoon bank to show the minimum liquid level and the maximum liquid lever (Figure 2-1). Start irrigating at the earliest possible date in the spring based on nutrient requirements and soil moisture so that temporary storage will be maximized for the summer thunderstorm season. Similarly, irrigate in the late summer/early fall to provide maximum lagoon storage for the winter. The lagoon liquid level should never be closer than 1 foot to the lowest point of the dam or embankment. Do not pump the lagoon liquid level lower that the permanent storage level unless you are removing sludge. Locate float pump intakes approximately 18 inches underneath the liquid surface and as far away from the drainpipe inlets as possible. Prevent additions of bedding materials, long-stemmed forage or vegetation, molded feed, plastic syringes, or other foreign materials into the lagoon. Frequently remove solids from catch basins at end of confinement houses or wherever they are installed. Maintain strict vegetation, rodent, and varmint control near lagoon edges. Do not allow trees or large bushes to grow on lagoon dam or embankment. Remove sludge from the lagoon either when the sludge storage capacity is full or before it fills 50 percent of the permanent storage volume. If animal production is to be terminated, the owner is responsible for obtaining and implementing a closure plan to eliminate the possibility of a pollutant discharge. Sludge Removal: Rate of lagoon sludge buildup can be reduced by: proper lagoon sizing, mechanical solids separation of flushed waste, gravity settling of flushed waste solids in an appropriately designed basin, or minimizing feed wastage and spillage. Lagoon sludge that is removed annually rather than stored long term will: have more nutrients, have more odor, and require more land to properly use the nutrients. Removal techniques: Hire a custom applicator. Mix the sludge and lagoon liquid with a chopper -agitator impeller pump through large -bore sprinkler irrigation system onto nearby cropland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; mix remaining sludge; pump into liquid sludge applicator; haul and spread onto cropland or forageland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; dredge sludge from lagoon with dragline or sludge barge; berm an area beside lagoon to receive the sludge so that liquids can drain back into lagoon; allow sludge to dewater; haul and spread with manure spreader onto cropland or forageland; and soil incorporate. Regardless of the method, you must have the sludge material analyzed for waste constituents just as you would your lagoon water. The sludge will contain different nutrient and metal values from the liquid. The application of the sludge to fields will be limited by these nutrients as well as any previous waste applications to that field and crop requirement. Waste application rates will be discussed in detail in Chapter 3. When removing sludge, you must also pay attention to the liner to prevent damage. Close attention by the pumper or drag -line operator will ensure that the lagoon liner remains intact. If you see soil material or the synthetic liner material being disturbed, you should stop the activity immediately and not resume until you are sure that the sludge can be removed without liner injury. If the liner is damaged it must be repaired as soon as possible. Sludge removed from the lagoon has a much higher phosphorus and heavy metal content than liquid. Because of this it should probably be applied to land with low phosphorus and metal levels, as indicated by a soil test, and incorporated to reduce the chance of erosion. Note that if the sludge is applied to fields with very high soil -test phosphores, it should be applied only at rates equal to the crop removal of phosphorus. As with other wastes, always have your lagoon sludge analyzed for its nutrient value. The application of sludge will increase the amount of odor at the waste application site. Extra precaution should be used to observe the %vied direction and other conditions which could increase the concern of neighbors. Possible Causes of Lagoon Failure Lagoon failures result in the unplanned discharge of wastewater from the structure. Types of failures include leakage through the bottom or sides, overtopping, and breach of the dam. Assuming proper design and construction, the owner has the responsibility for ensuring structure safety. Items which.may lead to lagoon failures include: Modification of the lagoon structure —an example is the placement of a pipe in the dam without proper design and construction. (Consult an expert in lagoon design before placing any pipes in dams.) Lagoon liquid levels —high levels are a safety risk. Failure to inspect and maintain the dam. Excess surface water flowing into the lagoon. Liner integrity ---protect from inlet pipe scouring, damage during sludge removal, or rupture from lowering lagoon liquid level below groundwater table. NOTE: If lagoon water is allowed to -overtop the dam, the moving water will soon cause gullies to form in the dam. Once this damage starts, it can quickly cause a large discharge of wastewater and possible dam failure. Surface Water Diversion Terrace Around Outer Perimeter of Lagoon 4 Maximum Liquid Level m a Minimum Liquid Level Lagoon Level Markers Lagoon Liner r Freeboard = 1 foot minimum I- 25-Year, 24-Hour Storm Storage Temporary Liquid Storage Permaner)t Liquid Treatment Sludge Accumulation 12 to 15 Years Fig. 2-1. Schematic of are anaerobic waste treatmew lagoon (note that this drawing is not to scale). NONTECHNICAL SOILS DESCRIPTION REPORT Bennie Houston Kennedy - Kennedy, Benny Houston f Map Soil name and description Symbol f AuB Autryville loamy fine sand, 0 to 6 percent slopes f These nearly level to gently sloping, very deep, well f drained soils are on uplands. They formed in loamy f marine sediments. The surface and subsurface layers are f sandy and range from 20 to 40 inches thick. The subsoil f is loamy. Permeability is moderately rapid and 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 marine sediments. They have a sandy surface layer and a loamy subsoil. Permeability is moderately rapid and f shrink -swell potential is low. Seasonal high water table is within a depth of 2.0 to 3.5 feet. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE map I symbol SOIL MAP LEGEND Bennie Houston Kennedy - Kennedy, Benny Houston Soil name AuB I IAutryville loamy fine sand, 6 to 6 percent slopes FoA IForeston loamy fine sand, o I to 2 percent slopes PAGE 1 OF 1 07/17/96 ~ Operator:Benny Kennedy County: Dup|in Date: 08/23/91 Distance to nearest residence (other than owner): 1000'0 feet 1. STEADY STATE LIVE WEIGHT 0 sows (farrow to finish) x 1417 ibs. = 0 |hs 0 sows (farrow to feeder) x 522 |bs. = 0 |bs 2448 head (finishing only) x 135 tbs. = 330480 |bs 0 sows (farrow to wean) _ x 433 |bs. = 0 |bs 0 head (wean to feeder) x 30 tbs. = 0 |bs TOTAL STEADY STATE LIVE WEIGHT (SBLW) = 330480 |bs Z. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 330480 |bs. SBLW x Treatment Vo|ume(CF)/|b. SSLW Treatment Vo\ume(CF)/|b. SSLW= 1 CF/|b. SSLW Vo|use = 330480 cubic feet 3' STORAGE VOLUME FOR SLUDGE ACCUMULATION Vo|ume = 0.0 cubic feet 4 TOTAL DESIGN VOLUME Inside top length 250.0 feet ; Inside top width 240'0 feet ' Top of dike at elevation 50.0 feet Freeboard 1.0 feet ; Side slopes 2.5 : 1 (Inside lagoon) Total design,lagoon liquid level at elevation 49.0 feet Bottom of lagoon elevation 38'0 feet Seasonal high water table elevation 0'0 feet Total design volume using prismoida| formula SS/END1 SS/END2 SS/SIDE1 SS/SlDE2 LENGTH WIDTH DEPTH 2'5 2.51 2'5 2'5 245,0 235'0 11.0 AREA OF TOP LENGTH * WIDTH = 245'0 235.0 AREA OF BOTTOM LENGTH * WIDTH = 190.0 180.0 AREA OF MIDSECTION LENGTH * WIDTH * 4 217.5 207'5 57575.0 (AREA OF TOP) 34200.0 (AREA OF BOTTOM) 18052b.0 (AREA OF MIDSECTION * 4) CU. FT. = [AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/6 57575.0 180525.0 34200.0 1.8 VOLUME OF LAGOON AT TOTAL DESIGN LIQUID LEVEL = 499217 CU. FT. a --r / 16 TEMP iRARY STORAGE REQUIRED DRAINAGE AREA: La9c-,,n (top f dike) Lensth * Width = 50.c_1 4ci3O r_.0c_x_1C .C? square feet Bu i I d i n s s ( r- f and I c,t water - ) Length Width - Q.C) 0.C) 0.0 square feet TOTAL DA 60000.0 srquare feet Des l gin temporary st r -ag per i nd to be 1,00 days. urne of waste pr-odu(-ad App.roxirnate daily production of manure in GF/LB SSLW 0,001'3-= Vr� I urne = 3'.Z.(*)480 Lbs . SSL.W * C:F of Waste/Lb./Day 1c:c=) days VvIurn e = 20705 cubic feet '_�r'. Volume of wash water' This is the amount CLf fresh water- used for washing floors or vo ! urne of fresh water used for a f I ush systern. Flush systems that recirculate the iagoon water- are accounted for in FA. Vv I urn = 0.0 gallons/day * 180 days storage/7. 42 3a ! I �z,ns VCi I urne = 0.0 cubic feet FIC. Vc- l umie of ra i nfa l l 1 r, excess of evaporation Use per-'. -id •f' time when r-ia i nfa l l e-cev,-Js eva.por-at i on try l ar-'ES. i, at. 1: {� djayS exr_ess r-airifal I - r.0 inCl-1r's vo I U.me = T.!) in * DA / 1'2-: inches per foc,t VC, i LiFie {1!1('1� (_) C:ub i c r p e t 5D. Vr- I urne of Z5 year - 24 hour storm VC, I urne = 7.5 inches / 12 inches per fc,ot DA Vc,Iurne = tunic feet TOTAL REQUIRED TEMPORARY STCJRAGE SA. :'3070�:l -cub i c feet: C.D. C? tunic feet FC, _:FCCiC?C? r_u1 i c feet 5D. 3TUC?C? cubic feet TOTAL 15:=; '05 cubic feet 6SUMMARY Total required volume 4_:, .:_;O cubic feet Total design volume ava i I . 4?9'._17 cubic feet Min. req. treatment volume plus s l ud3e accumulation r::=:c:,4:;0 cubic At e l ev. 0.0 feet ; Vo I ume is -4'Z1167 cubic feet (erid pump i n:3 ) l"c to E design volume less '�Fyr- 4hr storm m is 461.717 cuts i c feet At e I ev. 0.0 feet ; Vo I urne is -42116`7 cubic: feet ( start purnp i n- L' Seasconal high water- table elevation C?.C) feet 7. DES T Gt\!ED BY: APPROVED B-Y : DATE: DATE: dal E:_:: SEE: A TTAC:HEI) WASTE UT T L I Z?A�' I C;N PLAN BIG GUN® PERFORMANCE TABLES U.S. U,<ITS 100 SERIES BIG GUNS 240 TRAJECTORY" 100 T TAPER BORE NOZZLES — ---------- - 6' P3A CPV' D.A ��Pm DIA GPIA65 DIA GPM D.A I GPM 7 2 .T $�.A UZI :5 26: 97 290 129 303' 1 150 3.5 r7, -- — ------------ ac 100 P. RING NOZZLES 100 ON DiF U SE P NC ;;I":" a I PING 86 PING 89 glrj, :;Pm D-4 z 'J'A GPM C):� tj: 6E 208 79 212 91 215 t K 24., ID) 224 lie 226 134 23a 151 ?v 1 764 - 6 8, 235 I ;c 24.; '10 k ElMffN5= 12 ZfOCDQ: MI lZfa&R?A 25 260 '-1 175 61 M3Mil0lM �.02§b I =770'29� 2 11111 bb.306 111 F —1 K Sc 25k 2,3;, 127 2)5 kiud- i rlgg;m -5 j 1?4 1 �� 11-427510 FU 145 ?65 63 3CC 505 2 1, - - 4M94 VMJM M i 0M:I Z =jij_jXjj I 11; 1 224't 325 j,'.-4. T! f I -,z 27; 1 ;4 23, 142 �n9 IZ6.10 305 1 162 220 2 32,, 2", PEI Z24! -:6,11 150 SERIES BIG GUNS 240 TRAJECTORY" 150 - BORE NOZZLEES . ........ . ...... ilixelf 5�77 77— !u d I &W, )l .3 —T E: ?6` 2 305 721 325 , 11 25 310 335 26, 355 T _Q '=755M F-235 .4a 3 1 lbi 330 :65 29. J35 -, jll� j.. ?c- 350 258 )75 32-2. 150 R RING NOZZLES P Ppo s GP'.l DIA 6l 0 26C 143 250 � . W GPM D t;i ;82 90 I 12a 280, 1 65 300 210 320 '43 30C 1 'a; 320 235 2,0 Wux 'it Ltifna�l I ftcZ I t4rg I tu:7m 2A1Lr1lif435a= 2C� 33$ ?58 223 �_j I I E22 5M 1 Ma 11 1 H VW 5 U 3 ZC'1.�! Q5 1 z 90 293 360 ih .5, I 44 -,dc 200 SERIES BIG GUNS - 270 TRAJECTORY" 200 T 7,%P---R BORE NOZZLES - - -- ------ --- 7`---_--- :VL ..U:, !J: I GPM PIA 3PM C)la G; 1: L �11 Q. IL03_1514 _jl 1�15 1 r� 39013 1, 1250 �'34 310 jlc 36: 1 355 395, 1 4'S AID. ! .1s0 'jo i,:: M=-.41JIMZK3752U IILIW.. It395,.9M ;A 485"o"I $45 t65, I 05 zs� i-, -K ��c 4111 121' 41 2i0XSLM92�-:DQMU;37,0 U20! MaZlIMM '.60 MOM XV.SWAMMU :tC 39C :3' 1 445 450' 1 52$ 470' 605 _T 695 ,5, -25 465 465' b65 485" E55 200 P PLING NOZZLES 56' acwj-; I I tic- a,, o; i, I.; ;:Ikl D.A G p C)!. Lik5oi LIUZ,23b UizS .;L: i Fu I .bmJao it, K5 z EWE i i ;-ZT, 'va _;-1 7 o-T, T—T-'. L; 5 4 4 33; ].,CL 1 365 3 93 nsivr=z DO' LSEE13 02 W 6, -V 115CM-Y 142531 I.A. 555 L440" i A 630 4 j5" i zZ5 t , U 0.i 4ifJ5.UU I 1. 1525 4 70'. 1 1;'! 1_7:5 P.-_4451 1 u05*1,:lL.5?5,&!.,l1695 430' 1 73' 63.: 755 5)5, Cl 1-; W5 9WTIRI Zoofq�� iij 2 ir,e 20 i-igi, 5",c'oss,c- !nQ 'a,ol j1:101al't- X - ® Full Circle Impact Sprinklers 70 Series a � y IN. N� 0 Z W 7012 SDB-2-1"M Jr1 Olher models available W ale: 7012 SDB-2-3/4"F ❑ 7012 SDB-2-1 "F ❑� 7012 SDB-2-11/4"F 1' NSn uc.l .orne sywe;l , s a nlln +s oloala lm Ville T � W J 7025 RDB-1-1 "M Z Ofher models available ..,, are: , N a;'O RDB-1-3/a"F N 025 RDB-1-1"F 70 RDB-1-1'/a"F J N r kr:+til:.. LLI rJ-1 a1J 7025 RDB-2-111M 0 0lhermodels available ❑are: 7025 RDB-2-3/4"F Ln 7025 RDB-2-1"F "1 7025 RDS-2-1'/4"F PERFORMANCE TABLE FOR DOUBLE NOZZLE MODEL 7012SOB•2 Nei. Pe11s, PSI 411 - 11 Nat. 1r3?' by r116+1- .16, 11 Not Ir,- 0y IIt64" -16 - I? Not. 114- by 3116' •16. 11 Nat. 91321 0y 3116- .18. 14 Nor 9132- by 11311 -20. 14 Nei 5115- by 71321 .22. 1t !,0! 1432' by lag- -21 - NOl Da- 132- !+ Dy GPM DIA GPM DIA GPM DIA GPM DIA GPM DIA GPM DIA GPM DIA GPM 01A i0 14.1 109 16 1 115 17.1 115 20 3 117 ?2 -6 111 15 a 119 28 1 t12 116 131 1S 11.2 111 11.8 116 11 6 111 11 6 111 11 0 171 21 1 t72 30 8 126 11 8 136 50 36.0 11J 1a.6 t21 20 0 111 21 5 t21 25 a 12i 28 1 ,25 32 a 33 35 5 141 S5 16 1 Ili 19 7 12? 21 1 122 24 0 127 26 5 IV 30 2 130 34 0 13, 3? ? 1;5 60 17 5 116 20 6 125 22 0 175 25 2 130 28 0 $30 31 7 133 35 6 1L0 38 3 1=5 I 65 1112 l51 ?1 1 126 21 9 i?1 26 3 117 29 2 132 31 1 13, 31 1 111 4•r o 1:: I 70 19.0 121 22,6 131 23 8 151 17 1 135 30 1 135 34 5 140 36 6 1+6 .1 75 19 7 In 231 133 Ia 1 133 28 3 138 31 $ 136 35 a 147 tD 0 15•. t3 a :] 60 70 3 1?6 i1 0 136 ?5 5 U6 29 2 110 31 6 1t0 77 O s-5 11 3 155 e5 1ct * 51ANd11d NOttIC 51195 5+21,tC f, St10w11 M feel r d�A PERFORMANCE TABLE FOR SINGLE NOZZLE MODEL 7025Rp -1 f W. cress. •11 Nauk ]/37" 416 Naule 1 IA" rls hoirle' 9/32" r?0 haul, Si 16- ■212 hauq Ii112" al, N ;" ?S.I CilirL OIA GPN Du Gw Ou Gw 0u Gw 1 j 10 ,6 121 1L5 111 14.6 13D Ill 117 211 136 214 10 1S 1.4 121 122 AI I i S 134 119 116 225 142 .160 IT $O 9.9 125 27.5 134 16 1 Ill 20 0 140 13 1 111 ? t 5 151 5S 104 121 17.6 I]6 07 111 210 111 750 152 291 10 1,9 129 11.2 139 11.0 lU 22.0 3i1 26.2 156 306 :65 11 131 141 117 111 ]1J 230 157 271 160 320 it aoll, 1 1 Ili 15 1 11S 19 5 150 13 9 155 215 164 33 2 113 21 01 l6 0 lib 201 153 216 151 29 6 16l 11 2IS 14D 165 JSl 109 156 757 161 106 I11 Jy! tll W N ., . r. z W J 7025 SDB-2-1"M Orhermoaers available r'D25 5jr DB-2-3/a"F 7025 SDB-2-1"F N 7025 SDB-2-1'/4"F * A-ao11" Son G+s.lr Sim r Fed PERFORMANCE TABLE FOR DOUBLE NOZZLE MODEL 7025RDS-2 z hot. Flow P92 N11.1 hot. 7132" b1 7161- ■1411 1-al. 2112" be 1/1" ■A-1 hot. 1U1" by 1161" r16-{ Fiat 1/1" by 111" 111-1 hat• 9171' 0y 81611 Alai. 911?- by ■20,1 hae 5r16" be -?0,4 Ac, Sil6- I GPY DU GP1+ Ou Gw Dir GP11 Ou Gw OIL GHi Du Olh+ Du 10 11.0 L21 I1.1 J7t I31 12{ 1+1 111 it 130 11S l30 199 t12 ?06 t1? 15 13.7 121 12,5 123 l45 111 15.3 III 91 131 36 Ili 712 136 77D 136 $O 173 175 13.1 175 IS] 131 161 I1+ 117 131 59.5 Ili P.e I60 13? 110 1 $5 kl.0 121 !37 121 16 2 i!6 11.0 111 111 Ili 20 6 1+1 ?3 6 1+4 71 1 ." 60 11.6 129 14.5 129 169 119 lil 115 207 Su ?16 111 741 111 .15e i-6 1S 11 7 111 I5.1 RI 11 6 112 11 5 147 11 6 141 22 $ W 25 i 15, 18 7 n7 10 11,1 I3+ is 134 113 145 19? As 1?1 ISO ?I1 150 A t5; 211 75 is 131 162 131 190 141 700 141 233 I51 11.3 153 21! ;A 211 1S1 10 IS 140 16,1 110 196 151 706 ESt 240 156 750 156 71{ 161 ?"sd 161 * WON kith Sun Dlaadd Seo.a 1- Icel PERFORMANCE TABLE FOR DOURLE NO771-E MODEL 7025SDR-2 Nor. P1n1. PS1 0141It Not, 1132" 6y 1116+" r16111 hat 111" by 016+" ■It112 hot IA., or 3116" ■if.12 Nor ' 9,17" Dy 3116- oil -1+ hu1 9/11" o, 1A1" ■IO114 lice 5/16" by 1137" 972-?+ No; 1I IN'- 01 1132, 1:. • AGe J,e- I Ga11 Ou GP1A Du Gw Du Gw Ou Lw Du G2N1 0u Lh, D+ram Lw �.+�y 40 141 171 16,1 124 111 171 ?01 111 776 00 751 132 717 136 )11 u5 I 15 152 123 171 Ili Ill lit 211 J34 ?+0 Ili 211 136 301 142 131 :51 SO 16 0 175 II I 13+ 70 0 114 7J' 1 111 25 1 Ili 7{ ] 1/0 37 1 ul l5 S 15, SS i6! 171 391 I16 11I 136 710 ul 76! 11! 302 114 110 15.' ! 327 t6t 'I 60 I1 S 379 106 139 2? 0 131 252 Ill 240 114 31 1 01 JS 6 1Sn 11ff li 9 tt: t 65 if 131 20 111 279 142 A 142 292 1+1 111 157 Jr; Io0 106 10 190 134 216 145 21.8 145 131 ISO 101 ISO 115 155 116 16e .?? I11 15 19,1 1!J 111 111 111 "1 113 15I 115 1S] is 151 100 168 111 I27 10 201 110 110 IS, n5 ISI 292 156 176 156 it lit 1I S 117 +>S Ii1 g Senninger - 9r&d satyr Suls O�~ S,o--u Jeer l-10 -" i 16 J. ON t 77 Y -71t? . . . . . . . . . . . I 1 /7/99 Mr. J.R. Joshi Division of Water Quality P.O_ Box 29535 Raleigh, NC 27626-0535 AGMAIENT ,'S'ER VICES INC— P.U. BOX 1096 BEULA VILLE, NC 28518 TEL✓FAX (919)568-2648 RECEIVED MTFR 0LI'IYSUMION JAN I 1 1999 Non -Discharge Nm t ng Subject: Application No. 31-0349 Additional Information Request Dear Mr. Joshi, As requested, the narrative has been revised to conform with the memo enclosed in regards to greater than 50 ibs N per/acre for overseed. In addition, the application windows for Bermuda have changed from apr-sept to apr-aug as depicted by the memo. Please replace the old narrative with new one, add memo; and replace the old page 3 of the wup with the one enclosed. I hope this additional information will address the additional items requested. If not feel free to contact us and we will try to accommodate the Division. With Kind Regards, Ronnie G. Kennedy Jr. President of Operations Agnment Services Inc., CC Benny Kennedy Duplin SWCD WASTE UTILIZATION PLAN TABLE 2: ACRES OWNED CONTINUED FROM TABLE 1 (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land, See required specifications 2.) TRACT FIELD SOIL TYPE & CLASS - DETERMINING PHASE 5773 4 FOA 5773 -4 FOA 5773 4 FOA Page 3 CROP YIELD LBS COMM " ' LBS CODE AW N PER ACRES AW PER AC AC USED C 120 150 20 3 390 WA 1 100 3 3r�o DSB 28 112 3 336 ,3 D 0 1 Total indicates that this field is being over seeded (i.e. interplanted) or winter annuals follow summer annuals. Acreage figures may exceed total acreage in fields due to over seeding. ibs AA' N (animai waste nitrogen) equals total required nitrogen _less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above. LBS N APPLY CROP CODE CROP UNITS PER UNIT MONTH BH HYBRID BERMUDA GRASS -HAY TONS 50 APR-AUG C CORN BUSHELS 1.25 MAR-JUNE SG SMALL GRAIN OVER SEED AC 50 SEPT-APR SA SUMMER ANNUALS AC 110 APR -MAY . . WA WINTER ANNUALS AC 100 SEPT-APR BC HYBRID BERMUDA GRASS -CON GRAZED TONS 50 APR-SEPT BP HYBRID BERMUDA GRASS -PASTURE TONS 50 APR-SEPT FC TALL FESCUE -CON GRAZED TONS 50 SEPT-APR FH TALL FESCUE -HAY TONS 50 SEPT-APR FP TALL FESCUE -PASTURE TONS 50 SEPT-APP SB SOY BEANS BUSHELS 4 JUN-SEPT DSB DOUBLE CROP SOY BEANS BUSHELS 4 JUN-SEPT CO COTTON TONS 0.1 MAY-JUN 'A' WHEAT BUSHELS 2 OCT-MAR 1026; REPLACE OLD NARRATIVE WITH THIS ONE ADDEND UM TO WASTE UTILIZ4 TION PLAN. FAC17_ITt' NUNfBER 31-349 FAR41 NAME: NEW GROUND FARM OTf'NER NAME: REN1AI' KENNEDY DESIGN CAPACITY: 2448 FEEDER TO FINTW THIS WASTE PLAN REPRESENTS A COMPLETE TWO-YEAR ROTATION OF THE CROPLAND AND HAYLAND. THE PAN HAS BEEN DOUBLED TO REPRESENT PAN ACCUMALATION FOR TWO -YEARS. THE ACREAGES OF THE HAYLAND WITH SMALL GRAIN OVERSEED HAVE BEEN DOUBLED IN THIS PLAN TO TAKE UP THE NUTRIENTS FOR A TWO-YEAR PERIOD, BECAUSE THESE CROPS DO NOT CHANGE IN T VO YEARS_ THE CROPLAND REPRESENTS THE USE OF CORN/WINTER ANNUAL/SOYBEAN ROTATION, THE ACTUAL ACREAGES ARE USED FOR THE CROP ROTATIONS TO REPRESENT THE NITROGEN UPTAKE. FOR THE TWO-YEAR ROTATION, BECAUSE THE CROPS CHANGE EVERY OTHER YEAR. ACREAGES MAY BE CONFUSING BY SEEING DOUBLE THE ACREAGES FOR THE TWO-YEAR ROTATION REVERT TO MAP FOR ACTUAL ACRES USED. DUE TO THE DEFICIT NOTED IN THIS WUP MR KENNEDY HAS THE FLEXIBILITY TO PLANT 5 ACRES OF TOBACCO IN THE AREA DEPICTED ON THE MAP AS FIELD "IA. DURING THE YEARS TOBACCO IS UTILIZED NO CORN OR SOYBEANS WILL BE PLANTED IN THIS AREA DUE TO CROP PL AN ITING OVERLAP; HOWEVER, A WINTER ANNUAL WILL BE UTILIZED EACH YEAR REGARDLESS. SINCE THE OVERSEER AMOUNT EXCEEDS 50 LBS/PER ACRE/ APPLICATIONS ON BERMUDA GRASS SHOULD CEASE AFTER AUGUST 31 AS DEPICTED BY THE -MEMO ENCLOSED. NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE, EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. KENNEDY PLANS.TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. 1 /G/99 BONNIE G KENNEDY JR. BENNY KENNEDY TECHINICAL SPECIALIST OWNER t'Unka9a U 0 wnj LIIV J'•IO HL V.' Gampus B=x 7620 li�loigl�, NC 2765S-76?6 gig 515.4b'47 919.$15 795ti (tar; Memorandum TO: North Carolina Certified Technical Specialists FROM: NC State University Forage Production Workgroup DATE: July 13, 1998 SUBJECT: Crop Management Practices for Select Forages Used in Waste Management T1 e following is a four -page summary of suggestions for management practices for Born, Forage crops that can be used to waste management plans. 'These Suggestions are a result of discussions within the NC: State University Forage Production Workgroup, a group oornprisud of NC State faculty and MRCS agency personnel with expertise with the crops. "there are limited documented research responses of some of these practices on tha 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 realis is estimates of key people to corm up with suggestions that will allow fanners to incorporate these crops and practices into waste management plans. As dais become available to substantiate or refute these suggestions, the Forage Production Workgroup will make appropriate changes. Bermuda Overreeded With Cereal Rye and Annual Ryegrass Currently two types of 'Yyegrass" are being used for winner overseeding in fields used far anirrial waste management. re is a winter annual smallgrain tha[ looks similar towheat, barley and oats. Ann l eras is a winter annual grass chat looks much like ta]I fescue. Both of these grasses, when growing during the winter on bermuda sod, can have significant impact on subsequent bermuda yields. In effect, the total yields from an acre growing the combination of bermuda with these winter annuals will usually yield between 1-2 tons more per acre than bermuda growing alone for the year. Thrrcfore, the total amaUnt of PAN /acre for the year is about 100 Ibs more than for bermuda alone. Although cereal rye and annual ryegrass are su.itablre crops for overseeding, the rmnagement of Elie crops are different and thus practices implemented are dependent on the crop selected. 1 o9/v2/98 09:29 %T9102962122 USDA NRCs 0003 tiGrih Cei rdu 11eto Jrdo-m.y b a ail grit univazsGy vV 1 tUr RA 4FJ s'aPV-ah or 11:. Vni g6ity -Y NWV; 1; WW�6 pcpgrtment of Crop $cionee Cwega at AgrieUtturr and Lhv SGIOnrbp ' CaMPUA Hut 0,010 RWoign, NC 27GNf -7151T ai s.S 15,2rrt7 910.51, 79LQ (tex) The cerea.] rye should be plsrtted by October i5 to provide Lhc best opportunity tc DG: wi_nte; t*rowth. The; most consistent stands are obtained frr7:n drilling rye into shop (less than 3 inchei tsll) hermudagrass sod. 11"drilling it not possible:, the seeds may be broadcast on short bermuda sod followed by a light cultivtltion wiEh,a disc or tillage irnplemera. The seeding rate ror broadcast planting of seeds should be 1.5 times Ehe. 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 Plant Available: N (PAN) imy be applied between September 15 and October 30. A,n additional 50 !bs/acre of PAN may be applied in February -Marcel. If rye growth es harvested on time and does not sigrufiCWly shade the bermuda, PAN rates for Lhe subsequent bermuda crop are based on realistic yields of bermuda. A harvest is required prior to heading or April 7, which ever comes first. This is necessary to rr�nimize the potential for shading bermoda and reducing its yields. The PAN rats; for grazed systems with bt~rmuda oversecded with cereal rye must be reduced in accordance with MRCS Technical Standard .590. Annual Ryegrass Annua] ryegrass should be planttd by October 15 to provide the best opportunity to get winter growth. The most consistent stands are obtained from drilling ryegrass into shoe (less than 3 inches tall) berrnudagrass sod. If drilling is not possible, Elie 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 lbs/acre of (PAN) may be applied between September 15 and October 30. An additional 50 lbs/acre of PAN may be applied in February -March. If additional PAN is applied to the ryegrass in Apiril+May, the PAN rare for the bermuda must be reduced by a corresponding amount. This is necessary because ryegrass growth during April -May AvilI reduce bermuda -yields and shorten the time bermuda can fully utilize the N. A barVeSE is required by heading or April 7, which ever comes first to prevent shading of ernergim9 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 oversecded with annual ryegrass must be reduced in accordance with NRCS Technical Standard #590. WASTE UTILIZATION PLAN Page 1 DATE 12/09/98 FN 31-349 Producer: BENNY KENNEDY Location: 238 KENNEDY LANE PINK HILL, NC 28572 Te le ph a n e: 910-298-8368 Type Operation: FEEDER TO FINISH Number of Animals: 2448 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater- The plant -- nutrients in the animal waste should be used to reduce the amount of commercial fertiltzer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the z limiting nutrient. Waste should be analyzed before each application, cycle. Annual soil tests are strongly encouraged so that all plant ` `riutrients'can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply moee'nitrogen than the crop can utilize.: Soil types are_ important as they have different infiltration - ra#es;leaching"potentials, cation exchange capacities, and available water holding capacities.' Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre-R EE EI VED cautions, waste may be applied to land eroding at up to 10 tonMyfR Qt1ALrrySECTiOH acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions WWI n 1"8 4 may result in runoff to surface waters which is not allowed under dr v regulations. Wind conditions should also be considered to avoid drift and downwi--nd odor problems. To maximize the value of then Pbfttffng for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan"is'based on waste application through �irrigatiori For, this a is the -manner in which you have ci�osen to apply your waste. If you choose to inject the waste in the future, you need to revise this - plan. Nutrient levels for injecting waste and irrigating waste are not the same.• .. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of•facility. Acreage require - merits should be based on the waste analysis report from your was#e µ •management'facil'ity: Atiached youwill find information an proper sampling techniques; preparation, ari.a transfer'of waste samples to the lab for analysis. This waste utilization plan, if tamed out meets the requirements far compliance witt 15A NCAC 2H.021 7 adopted by the Environmental Management'Camniission. - WASTE UTILIZATION PLAN Page 2 ' AMOUNT OF WASTE PRODUCED PER YEAR (GALLONS, FT3, TONS, ETC.) 2448 hogs x 3.8 tons waste/hogs/year = 9302.4 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2448 hogs x - —4.6 PAN/hogs/year = 11260.8 lbs. PAN/year he Applying the above amount of waste is a big job. You should plan time and have equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. TABLE 1- ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS RESID ' LBS DETERMINING PHASE CODE AWN PER ACRES AW PER AC ' AC USED APPLIC. TIME 5773 1 AUB BH 5.5 275 12.68 3487 5773 —1 AUB =• SG ,. 1 60 12.68 760.8 5773. 2 AUB SH 5.5 275 7.42 2040.5 5773 --2 AUB SG 1 60 7.42 445.2 5773 3A AUB C 75 93.75 20 • 5 368.75 t 5773 —3A AUB WA 1 100 5 500 5773 3A AU8 DSB 18 72 5 380 5773 3 AUB C 75 93.75 20 13.9 1025.125 .• . • 1 100 5773 _ 3 AUB WA . 13.9 1390 5773 3 AUB DSB 18 72 13.9 1000.8 ' 0 Total 11378.175 Indicates that this field is being over seeded (i.e. interp_lanted) . or winter annuals'follow summer annuals.._,.'. • :; , NOTE: The applicator is cautioned that P and K may be over applied While meeting the N requirements." Beginning in 1996 the Coastal Zone ` Management Act will require farmers in some eastern counties of NC to - have a nutrient management plan that addresses all_nutrients. This , plan only addresses Nitrogen.'- = J - WASTE UTILIZATION PLAN Page 3 ` TABLE 2: ACRES OWNED CONTINUED FROM TABLE 1 (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM *" ' LBS DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED 5773 _ 4 FOA C 120 150 20 3 390 5773 - 4 FOA WA 1 100 3 300 5773 .. 4 FOA DSB .. 28 112 3 336 _ 0 0 0 0 Total 1026 Indicates that this field is being over seeded (i.e. inte.rplanted) or winter annuals follow summer annuals' w ' `� ** Acreage figures may exceed total acreage in fields due to over seeding. * Ibs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: LBS N APPLY CROP CODE CROP UNITS PER UNIT. MONTH BH HYBRID BERMUDA GRASS -HAY TONS 50 APR-SEPT C - - CORN- BUSHELS .1.25 ' MAR-JUNE _ SG SMALL GRAIN OVER SEED AC 50 SEPT-APR SA SUMMER ANNUALS AC 110 APR -MAY WA WINTER ANNUALS AC 100 SEPT-APR PC- HYBRID BERMUDA GRASS -CON GRAZED TONS 50 APR-SEPT BP.. -- : :_. HYBRID BERMUDA GRASS -PASTURE ...TONS - s: •,. -50, APR-SEPT . FC a,;'.=;f_� TALL FESCUE -CON GRAZED _ - •'° TONS --. 50 ,. SEPT-APR . FH TALL FESCUE -HAY {1 TONS l- : 50; SEPT-APR = _ . FP --TALL FESCUE -PASTURE TaNS��^ � '50' SEPT-APR SS SOY BEANS, rBUSHE S ,4,`.JUN-SEP.T DSB �y DOUBLE CROP SOY BEANS BUSHELS^ _, 4 'JUN' SEPT .. CO COTTON .:TONS . , = = . 0.1 MAY_;UN W WHEAT BUSHELS _ 2 OCT-MAR ; a WASTE UTILIZATION PLAN " TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED TABLE 1 39 11378.175 TABLE 2 3 1026 TOTAL 42 12404.175 AMOUNT OF N PRODUCED 11260.8 *" BALANCE-1143.375 '•' This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. . NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately - 9DS• 76 pounds of plant _ _available nitrogen ,(PAN) per year in the sludge that will need to be removed on.a periodic basis. This figure is PAN when broadcasting the sludge equipment, may be needed when you remove this sludge. See attached map showing the fields to be used for the utilization of waste water. Page 4 1 APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop- -. Your facility is designed for 180 days of temporary storage and the temporary`starage must be removed on the average of once every 6 months In no instance should the volume of waste being stored in your structure be within '7 feet of the top of the dike. - WASTE UTILIZATION PLAN Page 5 If surface irrigation is the method of land application for this plan, it it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid Call your Agriment Services representative for assistance in determining the amount of waste per acre. and the proper application rate prior to beginning the application of your waste. NARRATIVE OF OPERATION: SEE ATTACHMENT I ADDENDUM TO WASTE UTILIZATION PLAN: FACILITY NUMBER 3I-349 FARM NAME: NEW GROUND FARM OWNER NAME: RENAY AENNEDY DESIGN CAPACITY: 2448 FEEDER TO FLIVIM-I THIS WASTE PLAN REPRESENTS A COMPLETE TWO-YEAR ROTATION OF THE CROPLAND AND HAYLAND. THE PAN HAS BEEN DOUBLED TO REPRESENT PAN ACCUMALATION FOR TWO -YEARS. THE ACREAGES OF THE HAYLAND WITH SMALL GRAIN OVERSEER HAVE BEEN DOUBLED IN THIS PLAN TO TAKE UP THE NUTRIENTS FOR A TWO-YEAR PERIOD, BECAUSE THESE CROPS DO NOT CHANGE IN TWO YEARS_ THE CROPLAND REPRESENTS THE USE OF CORNAV LATER ANNUAL/SOYBEAN ROTATION. THE ACTUAL ACREAGES ARE USED FOR THE CROP ROTATIONS TO REPRESENT THE NITROGEN UPTAKE FOR THE TWO-YEAR ROTATION, BECAUSE THE CROPS CHANGE EVERY OTHER YEAR. ACREAGES MAY BE CONFUSING BY SEEING DOUBLE THE ACREAGES FOR THE TWO-YEAR. ROTATION REVERT TO MAP FOR ACTUAL ACRES USED. DUE TO THE DEFICIT NOTED IN THIS WUP MR. KENNEDY HAS THE FLEXIBILITY TO PLANT 5 ACRES OF TOBACCO IN THE AREA DEPICTED ON THE MAP AS FIELD 3A_ DURING THE YEARS TOBACCO IS UTILIZED NO CORN OR SOYBEANS WILL BE PLANTED IN THIS AREA DUE TO CROP P PLANTING OVERLAP;` HOWEVER, -A WINTER ANNUAL WILL BE UTILIZED `? EACH YEAR REGARDLESS. NO WASTE SHOULD BE APPLIED TO A CROP THAT DOES NOT HAVE A REALISTIC YIELD FOR THE USAGE OF IRRIGATED SWINE WASTE, EXCEPT FOR PREPLANT. ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. MR. KENNEDY PLANS TO APPLY SWINE WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF THE SOILS. . I2/9/98 RONNIE G. KENNEDY JR TECHNICAL SPECIALIST WASTE UTILIZATION PLAN Plans and Specifications Page 6 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Local NRCS office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. -It is the responsibility of the owner of the facility to secure an updated Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. '3.' Animal waste -shill be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients.. - 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per -year and appropriate filter strips will be used where runoff leaves the field.-These-frlter strips v►rt!I be iri addition to "Buffers" ' " required by DEM._ (See FOTG Standard 393-Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When'animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be - broadcast provided the application does not occur during a season. pro ne'to'flooding„'♦(See "Weatther and Climate in North Carolina" in the NRCS Technics! Reference = Enrrt�onment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infil- tration rate such that runoff does not occur off -site or to surface waters and in a method which does nat cause drift from the site during application. No-ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. B. Animal _waste shall not be applied tosaturated soils, during rainfall event; or when the surface is fr'aien: 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. 1 WASTE UTILIZATION PLAN 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting, of a crop on bare soil- 11 . Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present- (See standard 393 - Filter Strips) 12- Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14- Waste shall be applied in a manner not to reach other property and putslic -right-af ways. 15. Animal waste shall not be discharged into surface waters, drainage ways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic and industrial waste -from wash down•facilities: showers, toilets, sinks, etc:; sFiall not be discha>ged into the aniimal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year. 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs. etc.). If needed, special vegetation shall be provided for these areas and . and shall be fenced, as necessary to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are - limited to areas'where considered appropnate.•'Lagoori areas should be _kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion,.-leakag6-br discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping. 'pumps, reels, etc., should be inspected on -a regular basis to prevent breakdo I ns,leaks, and spills. A regular maintenance checklist should be kept on -site. u Page 7 WASTE UTILIZATION PLAN 21. Animal waste can be used in a rotation that includes vegetables and ` other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied pre plant with no further applications of animal waste during the crop season. 22. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 Waste shall be tested within sixty days of ublization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three years. Waste application records for all other waste shall be maintained for five years. 24. D-ad animals will be disposed of in a manner that meets North Carolina State regulations or other States' regulations. u Page 8 WASTE UTILIZATION PLAN NAME OF FARM:.s�/ OWNER / MANAGER AGREEMENT 1 (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that an expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division'of Water Ouality (DWQ) before the new animals are stocked_ I (we) also understand that there be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25 year, 24 hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DWQ upon request. I (we) understand that I must own or have access to equipment, pr*madly irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rate that no runoff occurs. NAME OF FACILITY OWNER: BENNY KENNEDY SIGNATURE: DATE: of � NAME OF MANAGER (f different from owner) - SIGNATURE: DATE: NAI^"E OF TECHNICAL SPECIALIST: RONNIE G. KENNEDY JR. AFFILIATION: Agriment Services Inc. PO Box 1096 Beulavill 8518 SIGNATURE: • DATE: O� Il Page 9 k • AGRIMENT SERVICES 17VC. P.O. BOX 1096 BEULAVILLE, NC 28518 TEL/FAX (9,19) 5 68-2648 12/ 15/98 Mr. J.R. Joshi Division of Water Quality P.O. Box 29535 Raleigh, -NC 27626-0535 Subject: Application No. 31-0349 Additional Information Request Dear Mr. JosK As requested, the WUP has been revised to reflect the waste accumulation for two years as described in the narrative. I hope this additional information will address the additional items requested. If not feel free to contact us and we will try to accommodate the Division. `Withi�ind Regards, Ronnie G. Kennedy Jr. Vice -President Operations Agriment Services Inc., CC r, A3enny Kennedy Duplin SWCD lo' rq O ru ♦dam tv" i° ru V tU L m m 7 c z08 Q c m s ,(D j N d- c S I'Z Z IA�- - 1 i SENDER: i also wish to recetve the ■ Complete items t and/or 2 for addictonall services. ■ Complete items 3, 4a, and 4b. followin for an g services f ed E ■ Paint your name and address on the reverse of this Corm so that we can return thts card to extra fee): m ■ pAet acch t�rom, tip p r "r Ci , % i . ❑ Addressee's A ddress t • e 'Rsrum Receipt Requested` on the malspiece below the article number. Writ 2. ❑ Restricted Delivery .The m Receipt will show to whom the article was delivered and the dale Consult postmaster for fee. IL b 3. Article Addressed to: 4a. Article Number I E � 4b. Service Type � � � 0 ` 2�LRe, ❑ Registered 01 rtifled M ❑ Express Mail L3 Insured ❑ Retum floe* for Merdowitse ❑ CAD 7. Date of Deliveryy: (Print Name) 8. Addresseg's Address (Onty tf requestedend lee is Pam) m dw- ^� "^�•} 0, ` W PS Form 3111 IE}!f " {E.t ltt F!{i1F Ef1l �{l1!/llFil } lEl it `t{Ili�il�l11}lull! State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary April 30, 1999 CERTIFIED -MAIL # Z 418 221361 RETURN RECEIPT REQUESTED Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notice of Violation New Ground Farm Farm Number: 31-349 Duplin Dear Mr. Kennedy: This is to notify Mr. Benny Kennedy, who holds a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217 and G.S 143.215.1, of violations of Animal Waste Permit AWS310349. On March 17, 1999, in response to a complaint, Mr. Dean Hunkele and Mr. Brian Wrenn from the Division of Water Quality's Wilmington Regional Office inspected your animal operation and the lagoon serving the facility. It was discovered that animal waste had been applied onto SR 1735 and into the roadside right-of-way ditches. This had occurred during a normal application event onto field 3 adjacent to SR 1735 earlier that day. Animal waste was discharging through a right-of-way ditch into an unnamed tributary of Gum Branch which is Class "C Swamp" Waters of the State in the Northeast Cape Fear River Basin. - This is a violation of Part 1. Performance Standards, Section 1 of AWS310349 which prohibits the discharge of waste from the animal waste management system. The incident also violates Part II.Operation and Maintenance Requirements, Section I of AWS310349 which requires proper maintenance and operation of the animal waste management system. To correct these violations, please submit a Plan of Action to the Wilmington Regional Office of the Division of Water Quality that describes the actions to be taken to comply with Animal Waste Permit AWS310349. The plan should include the following: 1. The procedures followed to immediately eliminate the discharge of wastewater. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper r• Mr. Benny Kennedy April 30, 1999 Page 2 2. A list of any and all modifications needed to ensure there will be no future discharges along with a timetable for the completion of the modifications. The proposed plan of action must be received by this office in writing within fifteen (I5) working days of the receipt of this notice. Upon approval and implementation of the plan, you must notify this office when the corrective actions are complete. If the violations are not corrected, the Division of Water Quality may pursue additional civil penalties, injunctive relief, or permit revocation. If you have any questions concerning this matter please do not hesitate to contact either Dean Hunkele, of our Wilmington Office at (919) 395-3900 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Harold Jones, Duplin County Soil and Water Conservation Kenneth Best, Duplin County Health Department Garth Boyd, Murphy Family Farms DWQ Operations Branch File Wilmington Files SAWQSIANIMALS\DUPLINU 999131-349.NOV State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary May 17, 1999 Mr. Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill, NC 28572 i 11 r f Subject: Assessment for Discharge New Ground Farm Farm Number: 31-349 Duplin Dear Mr. Kennedy: This is to notify Mr. Benny Kennedy that the Division of Water Quality's Wilmington Regional Office has decided to not request enforcement for the discharge that occurred on March 17, 1999. This action is being taken in light of Mr. Kennedy's current situation at his animal operation. It is our understanding that the entire operation was destroyed during the recent outbreak of tornadoes in Duplin County. We are sorry to hear about the loss you have sustained and hope that you can recover as soon as possible. Please remember that you are still required to maintain the freeboard level in the lagoon at an acceptable level until the site is repaired- I would suggest that you lower the level to the stop pumping point as you normally would while repairs are ongoing. If you need any assistance during re -construction please do not hesitate to contact us at 910-395-3900. Please contact me when you are back in operation, so that I can perform your annual inspection for 1999. Best wishes for kinder treatment during future bad weather. Sincerely, ,qi a, �11�� Dean A. Hunkele Environmental Specialist cc: Kraig Westerbeek, Murphy Family Farms Geno Kennedy, Agriment Services, Inc. rWilmington Files S:1WQSIANIMALSIDUPLIN11999131-349.LET 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer paper R:-- i=-d A=120, 1999 JUSTIF ICA.T iON & DOCUMENTATION FOR MANDATORY_WA DETERMINATION Facility Numbers - operation is bagged for a wettable Farm Name: lVeA, ovj A - On -Site Representative: lee Kn Inspector/Reviewer's Name: Date of site visit. -A -? f - Date as most recent WUP: Annual farm PAN dancit -1 3,-37Spaunds acre detarmination due to failure of Part H eiigibilify items) Ff. . F2 F3 F4 Operation nat required to secure WA determination at this time based on exemption E1 ' E2 'E3 -.t<4 Operation -pended for wettable acre determination based on PT P2 P3 Irrigation Systerri(s) - circler ot systern; 3. Fmear move system, 4. sfiatiDnarysprinkler system wlp--nronent p4 0. sYati s ri a pI M, d_ stabrinay gun system wtpar ianent pipe; 7. stationary gun -system wlporlable pipe PART L aVA D'atarminaiion Exemptions (Eiigibiitity immure, Part 11, overrides Part ! exemption.) L1 Adequate'irrigauon design, inducing rr-,ap depicting wettable acres, is complete and signed by an ! or Pi;. lr2 Adequate D, and D21D3 irrigation operating parameter sheets, including reap depicting wettable acres, is complet✓ and sinned by an l .or P- =3 Adequate D, in inauon operating parameter sheet, including n-.an danicvng wettable aaas, is complete and signad by a INUP. E4 7�% rule exemption as verified in ?art 111. (ND =-75 % examn ion -cannot i,-- appjred to iam-z-1;at :ail the eiiaibviiy checi:iist in Part 11. Compleie-eiia biifty cinecidis't, Part 11- r 1 r2 r 3, beibre~carrtpl-i ng campt.rtaiianal sable ih sari III)_ _ART li. i %uln i"�gii�urty_Checki:s< and Dcicumenuon a; NSA i�eLermira�:i�n -anuir¢ments_ -WA Deteru irraiian i-an:iir--d i)-ar ause ;aiipn ::aiisz)ne .Dffne e is blirty :uuire;r:errs i:sdiralcsw: Dnz-pray_ 2 Unciea, ;-Begible, :Dr lack -Df inform�ionrr-aa. F3 Onvinus idzimi tuns numar�us�ifclz�_ ilrr a�edzi g .� DLyf 3ge�r?��fil�agadDm�adnRliitl+�P.nciudas- srr.311;sr�n�lariysl-;aped�eids�=ldsdess�t:ar�3L;r��;o�veler-�r:�e 2 ar e rztaiir)rary-SpnnJJ-B -s).- WA daiermiraiion-mrruired bac3uYa O�W1rl�iir .-D�dt*s�faid;s}'s aC:—'-agein �exce s = pf 75% fl; th? r~sprcuve field's iatai acreage as noted in amble in Part Ill. ? scc a pID 20, 1999 Facility Number _�I -3- -yI Part Ill. Field by Feld Determination of 75% Exemption Rule for WA Determination T RACT FIELD TYPE OF TOTAL CAWMP FIELD COMMENTS`3 NUMBER N NUMBER'S 1 �5T ACRES ACRES I ° -�I�IUM3--'.' - i�yc uk�nne, s pDu .ss�r ay re Lsed -m Vag m mid riumM--- beDending nn CAWMP �d iy tf irrigaiinn} s nib,: orcnare-ii-n ona mid, :3pdi7nvieuv?r will 'nave is Cambin8 Z±eids io si `a -7E%'-...idby-Teid dat-armiraton7Ormtei7>3b r;vfrrnrw:se op--,aucin-wiil i sLttiia=1 iD WA dr rmiraiiail aD.NUV1iS-_s` ?,--mLsis-- eriy�.un� dnrizr p_ ]M�'T5'-ta::k ipi_ At>f7i CaWMD-a=-::a��e-nang.r=—O' iSzQtBL-Band tavmg-re-c=_ned15.:z2-an 5D tsai=--1 PAN �o ��i vio z�voy= ' {?g97 d98)t rriga3iori is:�:arincsia¢ive�s i±e =�so�._L?t7ffinga WA���r�3:€i�m�' _....�3it�n='rrsrsarr.���AIIT�ISIi-ril�s'•�'i�..'�`�..�a�1i� N.=ndin� V�',�t~rm"rr.Qanrs- pj P2 ���I113Cjr.53"Jl►oWmo��nor�: -. Pan vsion�r�y '-l?sfy7 °a -rule b;s=d nnacieauaja-ovB-all?AN dafi end y adiLsung -all lieldacmage:iabelow=f5°p use-a-cria der- Ciefin nrac;ass D; instliing new imaation sip=m) 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 30, 1998 Cerlifledt # Z 312 646 196 Return Receipt Requested Mr. Benny Kennedy New Ground Farm 1330 NC Hwy. 241 Pink Hill, NC 28572 NAA 4 • RCDENR ENVIRONMENT AND NAwuRAL REsouRCES Subject: Routine Inspection Form New Ground Farm Facility Number: 31-349 Duplin County Dear Mr. Kennedy: Please find enclosed a copy of the routine inspection form for the New Ground Farm conducted on July 17,1998. 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- S.1 WQSIBRL4AWIMISCI3I-349.LET Sincerely, Brian L. Wrenn Environmental Specialist 127 North Cardinal Dr., Wilmington, North Carolina 28405 An Equal Opportunity Affirmative Action Employer Telephone 910-395-3900 FAX 910-350-2004 50% recycled/10% post -consumer paper M k 1 vy B � 8 co � � i y m �• m rn rVrY�1�11��� s 6` 1 Cr J 7 _J o SEW)ER: ,4 a ;,camyL� Nsms i ardror 2 for edditlorsal services. ■Complete Nems 3. 4a, and 4b. I also wish to receive the folk Mng services (for an m L ■ Print your name and wWrew an the reverse of this form so that we can return this to ou extra fee):card II ■ Attach this form to the front of the mat! piece, or m the Hack it space doss Hat j , ❑Addressee's Address 4 '� 1 m• WMe Return Receipt Requested'on the malipiece below the amide number. 2. ❑ Restricted Delivery aThe Return Receipt will show to whorn the amide was detiveml delivwed. and the date Consult posirrtaster for fee. o t 3. Amide Addressed to: 4a. Article Nt der G Ix Q � a � 4b. Service Type ❑ Registered Mfied p Express Mall ❑Insured � m ❑ Retum Reoelpt for Merchard'ise ❑ CAD 7. Data Delivery of r � 5. Received By: (Print Name) B. Addressee's Address (Only if requested c and fee is paid) 3 6. Signatu : ( RAssee ent) .41 X m PS Form 3611, December 1994 10259&97-8-0179 Domestic Return Receipt State of North Carolina Department of Environment and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary I ZF!�'J UX 12 Z AM I 1-73Y.:- _bjrnrb� D A. Preston Howard, Jr., P.E., Director NORTH CAROuNA DEPARTMENT or= ENVIROMMENT ANo NArLiRAL RESOURCES August 21, 1998 CERTIFIED MAIL TURN RECEIPT REQUESTED Benny Kenne y New Ground Farm 1330 NC Hwy 241 Pink Hill NC 28572 Farm Number: 31- 349 Dear Benny Kennedy: You are hereby notified that New Ground Farm, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has Sig 60days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call at (919)733-5083 extension or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sin ly, forston 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 RECEIVED DEC 1 0 1998 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 December 9, 1998 Benny Kennedy New Ground Farm 238 Kennedy Lane Pink Hill NC 28572 Dear Benny Kennedy: 1i 0 NcDEN.. R--,.. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. 31-0349 Additional Information Request New Ground Farm Animal Waste Operation Duplin County 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 and submit the following information by January 8, 1999: I. Part of your waste utilization plan is written on a two-year rotation while some part in annual rotation. Please revise your waste utilization plan either to include all the cropping system, plant available nitrogen, and acreage on a two-year basis or split it into two separate tables on an individual year basis. Also, please specify the application window for the crops specified in the narratives. Please note that all revisions or amendments made to the waste utilization plan (WUP) or a portion thereof are required to be signed and dated by both the landowner and the Technical Specialist before they are submitted for review. 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 January 8, 1999 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 363. Sincerely, JR Josh' Soil S entist 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 F RE C f1VF,D JUL 2 5 1997 - 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 July 14, 1997 Benny Kennedy New Ground Farm 1330 NC Hwy 241 Pink Hill, NC 28572 Dear Mr. Kennedy: Secretary Subject: NOTICE OF DEFICIENCY New Ground Farm Facility Number: 31-349 Duplin County On July 11, 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 had applied more nitrogen on your small grain field than is allowed in your certified animal waste management plan. In addition, it was observed that you are growing soybeans in thus field rather than maintaining it as a small grain field as outlined in your certified plan. If you intend to continue growing soybeans in this field, soybeans must be immediately incorporated into your certified plan. Application of waste in this field should be discontinued until your plan is officially changed. 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. 2MS-3945 • Telephone 910-395-3900 a Fax 910-350-2004 An Equal Opportunity Affammtive Action Employer /r Benny Kennedy July 14, 1997 Page 2 Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Helminger, David Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, Cz.«s )j- • -,�... . 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 Wilmington Files S:1 WQS I AND YA 131- 349. DEF NARRA TI VE OF WASTE UTILIZATION PLAN. TRACT NUMBER 5773 FIELD 3A IS INCORPORATED IN THE PLAN AS SMALL GRAIN. THIS WAS DONE TO ACCOMMODATE 5 ACRES OF TOBACCO THAT WILL BE ROTATED ON THIS AREA FROM YEAR TO YEAR. DURING THE TIMES THAT TOBACCO DOES NOT OCCUPY THIS FIELD, IT MAY BE INCORPORATED IN THE ROTATION CROP THAT FIELD 3 IS PLANTED IN. IT WILL BE EITHER CORN/WHEAT OR SOYBEANS. EACH OF WHICH HAS AN AGRONOMIC RATE GREATER THAN THE 50 LBS. PER/ACRE WHICH IS ALLOWED IN THIS PLAN. PLANTED ON AUTRYVILLE SOIL, CORN HAS AN AGRONOMIC RATE OF 73.75 LBS PER/ACRE, WHEAT HAS 90 LBS PER/ACRE, AND SOYBEANS HAS 72 LBS. PER/ACRE. FIELD 3A SHOULD MEET MONITORING AND REPORTING REQUIREMENTS AT ALL TIMES WHEN WASTE IS APPLIED TO ANY OF THE CROPS SPECIFIED IN THIS NARRATIVE. MR. KENNEDY PLANS TO APPLY HIS WASTE IN ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE AGRONOMIC OR HYDRAULIC LOADING OF THE CROPS/SOILS. 7/22/97 RONNIE G. KENNEDY TECHNICAL SPECIALIST WASTE UTILIZATION Pi April 9, 1996 PAGE 1 PRODUCER: BENNY KENNEDY LOCATION: 1330 HWY /V ` PINK HILL ay NC 28572 TELEPHONE: (910)298-3327 TYPE OPERATION: Feeder to Finish Swine NUMBER OF ANIMALS: 2448 hogs design capacity The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infili.tration rates,.leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special,pre- cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage require- ments should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. WASTE UTILIZATION PI t PAGE 2 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. WASTE UTILIZATION PI PAGE 3 577 TABLE l: ACRES OWNED BY PRODUCER ACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AN N PER AC AC USED APPLIC. TIME 3 1 AUB BH 5.5 275 6.34 1743.5 APR-SEP 5773 SG 1 6.34 1 150 1 1317 SEP-NOV 5773 2 BH 5.5 JAUB 1275 1 13.71 �1020.25 APR-SEP 5773 SG 1 1-2 150, 1 13.71 1185.5 SEP-NOV 5773 3A SG 1 50 1 5 250 SEP-NOV 5773 13 IAUB IC 175 173.75 120 16.95 1512.562 lui :RRDjR1 5773 1-3 IAUB IW 145 190 1 16.95 1625.5 S AMA 3 3 1 AUB DSB 118 72 1 16.95 1500.4 JUN-SEPT 5773 4 IFOA IC 1120 1130 120 11.5 1195 MAR-JUN 5773 1-4 IFOA JW 155 1110 1 11.5 1165 FEB-MAR 577 END JUN-SEPT TOTAL 5682.71 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. WASTE UTILIZATION PI. PAGE 4 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached (Required only if operator does not own adequate land. See required specification 2.) TRACT IFIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED APPLIC. TIME END TAL10 4 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields (i.e. small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be'removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. WASTE UTILIZATION PI i PAGE 5 Tl following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS LBS N PER UNIT BH HYBRID BERMUDAGRASS-HAY TONS 50 C CORN BUSHELS 1.25 DSB DOUBLE CROPPED SOYBEANS BUSHELS 4 SG SMALL GRAIN OVERSEEDED AC 50 W WHEAT BUSHELS 2 TOTALS FROM TABLES 1 AND 2 TABLE 1 1 31.95 1 5682.712 TABLE 2 TOTAL 1 31.95 AMOUNT *** BALANCE 1 5682.712 5630.4 52.3125 *** This number must be less than -or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent - over application of nutrients or other elements. Your production facility will produce approximately 905.76 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. WASTE UTILIZATION PI PAGE 6 See attached map showing the fields to be used for the utilization of waste water_ APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of waste being stored in your structure be within 1.7 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that.an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. Call your 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: - <S� &ac-z'X cr, WASTE UTILIZATION PI PAGE 7 Plans and Specifications 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either has owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Standard 393 - F_lter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of•application. 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 no more than 20 to 25 percent of the leaf area is covered. WASTE UTILIZATION PL' PAGE 8 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right -of ways. 15. Animal waste shall not be discharged into surface wasters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and imple- menting a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. WASTE UTILIZATION PI PAGE 9 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 ap- proved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25 year, 24• hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. I (we) understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also cer- tify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: BENNY KENNEDY SIGNATURE: ATE: NAME OF MANAGER (if different fro Aner) please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Ronnie Gene Kennedy Jr. AFFILIATION: Duplin Soil and Water Conservation District ADDRESS (AGENCY): P. 0. Box 277 Kt--nsville 28349 SIGNATURE: DATE: �� r - A a A SENDER: f7 -Complete items 1 art .2 for addltbnal services. " WO 4b. m ■ Pd your name end address on the reverse of this form so that we can relum fts card to you. y ■Attach this form to the from of the mdlpim, or on fhe back it spaos does not m . Permit. d e R ■wafum Receipt Requoasted' on the mailpiece below the article rwmber. 0The Retum Receipt will show to whom Mrs afide was dowered and the date delivered. 0 v 3. Article Addressed to: 14a. Article N « �wr war vvo I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery N Consult postmaster for fee. m ,mhor CL z 3 r g an—r� Q 4b- Service Type o \\ m p Registered ertified " )3z?) :mac N Z� � ❑Express Mall ❑ Insured sco m ❑ Return Receipt for Merchandise ❑ COD 7. Da7N `o 5. Received By: (Print Name) 8. Addressee's Address (Only if requested "'Cl and fee is paid) 0 6. Sig : (Addressee orAg t) PS Form 11 December 994 10259s97-s-0479 Domestic Retum Receipt 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 14, 1997 cCertifiedMail.#�Z 312 539 881 Benny Kennedy New Ground Farm 1330 NC Hwy 241 Pink Hill, NC 28572 Dear Mr. Kennedy: Subject: NOTICE OF DEFICIENCY New Ground Farm Facility Number: 31-349 Duplin County On July 11, 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 had applied more nitrogen on your small grain field than is allowed in your certified animal waste management plan. In addition, it was observed that you are growing soybeans in this field rather than maintaining it as a small grain field as outlined in your certified plan. If you intend to continue growing soybeans in this field, soybeans must be immediately incorporated into your certified plan. Application of waste in this field should be discontinued until your plan is officially changed. 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. 28405-3945 0 Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Benny Kennedy July 14, 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 $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Helmnnger, David Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, Andrew G. Helminger Environmental Specialist cc:. Harold Jones, County Soil and Water. Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch cWilmington=Files S.IWQrSL 4AVYAL3I-349.DEF aj W N2 W a 0 m .W _ � c .M i Y c L o IM = •� it N LC V C y a1''a++1 0Od Ln CCV z Q h FUbi 5 � LL s gQ a ji loc- o in cn a m t� m c a N £66 t 4QU10IN `008$ tuMnd Sd .0 , ■ fa Compi items t and/or 2 for additional services. !also wish to receive the m .Complete items 3, 4a, and 4b. following services {for an m r" ■ 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 mailpiece, or on the back if space does not 1. ❑ Addressee's Address a9 m■ Aaturn Receipt Requested -on the maitpiece below the article number. 2. ❑Restricted Delivery Vj ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a a -a d m ; 3. Article Addressed to: j� 4a. Ar6de Number a�ksry�go S 4b. Service Type m . a ❑Registered erored cc CO ❑ Express Mail ❑ Insured .5 y ❑ Relum Receipt for Menhandse ❑ COD I 7. Date of Delivery O . Received By: (Print Name) 8. Addressee's Ad ress (only if requested and fee is Paid) '.` 1996 6. Signature: (Addressee ent) i--o . - -- . - - - .. - I W Ps Form 3811, camber 1994 Domestic Retum Receipt State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes Governor Water Quality Section Secretary February 2, 1996 Certified Mail # Z 275 499 099 Return Receipt Requested Benny Kennedy 1327 NC 241 Fink Hill, NC 28572 Subject: New Grounds Farm Facility: 31-349 Duplin County Dear Mr. Kennedy: On January 11, 1996, in response to an anonymous complaint, Staff from the Wilmington Regional Office of the Division of Environmental Management inspected your animal operation and the lagoon(s) serving this operation. It was observed that both spray fields were wet and had apparently been recently utilized. These fields do not have an appropriate cover crop at this time. Application of animal waste to any field without an appropriate cover crop is not consistent with best management practices and is a violation of the animal waste rules. You will need to establish and maintain the appropriate crop and 'acreage rotation required by USDA-NRCS requirements. USDA-NRCS requirements specify that animal waste shall be applied on actively growing crops. And that waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 'telephone 910-395-3900 • Fax 910-350-2004 An Equal opportunity Affirmative Action Employer Mr. Benny Kennedy February 2, 1996 Page 2. Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater to the surface waters of the State without a permit and/or to fail to follow a certified waste management plan. The Division of Environmental Management has the authority to levy a civil penalty of not more than $10,000 per day per violation. Again, when the required corrective actions are complete, please notify this office in writing at the address provided. If you have any further questions concerning this matter, please call David Holsinger or Dave Adldns at 910-395-3900. Sincerely, David R. Holsinger Environmental Engineer cc: Dave Adkins, Regional Water Quality Supervisor Mike Sugg, Duplin County Soil and Water Conservation Ronald Kennedy, Duplin County Health Department Tom Jones, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms DEM Operations Branch State of North Carolina Department of Environment, Health and Natural. Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Benny Kennedy New Ground Farm 1330 NC Hwy 241 Pink Hill NC 28572 WTI �N awA A M M��l November 13, 1996 SUBJECT: Operator In Charge Designation Facility: New Ground Farm Facility ID#: 31-349 Duplin County Dear Mr. Kennedy: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service. agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, 1W 4 Raleigh, North Carolina 27611-7687 N)Mf An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper February 28, 1996 MAR 0 � t4gF ............. a>_. State of North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Subject: New Ground Farm Facility: 31-349 Duplin County Certified Mail# Z 275 499 099 Dear Mr. Adkins: This letter is to acknowledge the complaint on New Ground Farm hog operation for spraying fields that do not have an appropriate cover crop. The complaint was filed on January 11, 1996. I have not sprayed on these unplanted fields. The reel was reeled out across the field while being repaired. As verified by your phone conversation with Lisa Hail on February 28, 1996, my lagoon at your time of inspection was within acceptable freeboard limits. I am currently awaiting for funds that I am to receive from Duplin County Water and Soil Convservation to plant both of my spray fields. These fields will be planted with corn before April 30, 1996. I am aware of the fact that waste shall not be applied more than 30 days prior to planting of the crop on bare soil. Sincerely, Benny H. Kennedy,�Owwr New Ground Farm> �. SrA7E q. n u State of North Carolina Department of Environment, Health, and Natural Wilmington Regional Office James B. Hunt, Jr. Division of Environmental Management Governor Water Quality Section Certified Mail # Z 275 499 099 Return Receipt Requested Benny Kennedy 1327 NC 241 Pink Hill, NC 28572 February 2, 1996 Subject: New Grounds Farm Facility: 31-349 Duplin County Resources Jonathan B. Howes Secretary • Dear Mr. Kennedy: On January 11, 1996, in response to an anonymous complaint, Staff from the Wilmington Regional Office of the Division of Environmental Management inspected your animal operation and the lagoon(s) serving this operation. It was observed that both spray fields were wet and had apparently been recently utilized. These fields do not have an appropriate cover crop at this time. Application of animal waste to any field without an appropriate cover crop is not consistent with best management practices and is a violation of the animal waste rules. • You will need to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. USDA -MRCS requirements specify that animal waste shall be applied on actively growing crops. And that waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and .a suitable winter cover crop planted to take up released. nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 O Telephone 910-395-3900 a Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Benny Kennedy •February 2, 1996 Page 2. PIease be aware it is a violation of -North Carolina General Statutes and Rules to discharge wastewater to the surface waters of the State without a permit and/or to fail to follow a certified waste management plan. The Division of Environmental Management has the authority to levy a civil penalty of not more than $10,000 per day per violation. Again, when the required corrective actions are complete, please notify this office in writing at the address provided. If you have any further questions concerning this matter, please call David Holsinger or Dave Adkins at 910-395-3900. Sincerely, David R. Holsinger Environmental Engineer • cc: Dave Adkins, Regional Water Quality Supervisor Mike Sugg, Duplin County Soil and Water Conservation Ronald Kennedy, Duplin County Health Department Tom Jones, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms DEM Operations Branch 0 r h Z' 40S 591 395 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Revers m t to Yrout and No, P.O., State and ZIP Code � Ni Postage �� - 3 Z Certified Fee Wl ' }Special'peliSary'FBe' ti 'Restiicteil'Defivery'Fee' I Return Receipt Showing jJti to Whom & Data Delivered / (� Return Receipt Showing m Whom, Date, and Addressee's Address & TALFees Postage Fees �[I Postmark or D I J�q I q 0 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes Governor Water Quality Section Secretary January 23, 1995 Certified Mail # Z 405 591 395 Return Receipt Requested Benny Kennedy Rt.2 Box 300 Pink Hill, NC 28572 Subject: New Grounds Farm Facility: 31-349 Duplin County Dear Mr. Kennedy: On January 11, 1996, in response to an anonymous complaint, Staff from the Wilmington Regional Office of the Division of Environmental Management inspected your animal operation and the lagoon(s) serving this operation. It was observed that both spray fields were wet and had apparently been recently utilized. These fields do not have an appropriate cover crop at this time. Application of animal waste to any field without an appropriate cover crop is not consistent with best management practices and is a violation of the animal waste rules. You will need to establish and maintain the appropriate crop and acreage rotation required by USDA-NRCS requirements. USDA -MRCS requirements specify that animal waste shall be applied on actively growing crops. And that waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3345 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Benny Kennedy January 23, 1996 Page 2. Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater to the surface waters of the State without a permit andlor to fail to follow a certified waste management plan. The Division of Environmental Management has the authority to levy a civil penalty of not more than $10,000 per day per violation. Again, when the required corrective actions are complete, please notify this office in writing at the address provided. If you have any further questions concerning this matter, please call David Holsinger or Dave Adkins at 910-395-3900. Sincerely, i David R. Holsinger Environmental Engineer cc: Dave Adkins, Regional Water Quality Supervisor Mike Sugg, Duplin County Soil and Water Conservation District Ronald Kennedy, Duplin County Health Department Tom Jones, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms DIEM Operations Branch MAREADY FARM NCSR 1732, DUPLIN COUNTY FLOW PATH FROM FARM! DITCH THRU UNNAMED TRIBUTARIES TO GUM SWAMP Ram — — / Brw.ch C, — __ -_ - - = -_ fir`, � • _ _ -� " 1ILIZADETHTOWN\ ROSE HILLConfi�iue an Page 76 WA14SAW V3 69 L 14, I it in Fo s—, m— k 7' IF iz, lb c to T. it 4 p t 41 L I z ------ : + J 4 M 0 1 I I • z ,4b cp > .'aw" I I I j,0 I I t 4 'Ib o 4t" 4 jr to '1' I •7° V t ' (/. I 1. `�"____� !, �J er/,. l _ � 1 1 // �c ffVV++\\ . a; ,� . � � \b. � � '+ U!Lt r p a C'. 7\ 7, —7e c " Yi , --'mo to Ay j QI* q c r� -%., L c REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section r�afF4 1!c;4TY If the animal waste management system for your feedlot."! "operation is designed to serve more than or equal to 100 head of t'tle;� � horses, 250 swine, 1,000 sheep, or 30,000 birds that are se- 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: New Ground Farm Route 2 Box 300 Pink Hill, NC 28572 Duplin County Owner(s) Name: k 919-298-3327(H) Manager(s) Name: Lessee Name: Farm Location (Be as specific as possible: road names, 1. direc . on, milepost, etc.) : LL-� , From Beulaville take NC 111 N 3.0 miles; turn Rt. onto SR 1700 (Sarecta Rd) then an almost immediate Lt. turn onto SR 1732 for 1.2 miles; turn Rt. onto dirt SR 1735 — (Hunting Club Rd) , go 0.5 mile to farm — entrance on Lt. (TT=33 min.; TD=21 miles),-. Latitude/Longitude if known: QBSP # 24--003-09-08 Design capacity of animal waste management system Number and type of confined animal(s): Average animal population'/ o t e farm (Number and type of animal (s) raised) 1/`f Year Production Began: . ,/ 5 �� _ ASCS Tract No.: 5 �3 Type of Waste Management System Used: Acres Available for Land Application of Waste: s.5 Owner(s) Signature (s) : �Lat.r.+_.� Date : 3! Date: (W. T.-Davis, Serviceman) _State of Noah Carolina Department of Environment, Health and Natural- Resources • 0 Division of Environmental Management 10 James B. Hunt, Jr., , Secrnor etary ® C Jonathan B. Howes, Secretary C A. Preston Howard, Jr., P.E., Director March 23, 1994 Benny Kennedy Rt 2 Box 300 Pink Hill NC 28572 Dear Mr. Kennedy: 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 f&rtificajion 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 farin. 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. enc: Sincerely, _60a /-n Steve Tedder, Chief Water Quality Section P.O. Box 29535. Rdelgh, North Ccsorna 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post -consumer paper