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HomeMy WebLinkAbout310397_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Quai wAr�RQ� C'0 p -C July 2, 2003 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Mr. Jeremy Hill Premium Standard Farms of North Carolina, Inc. P.O. Box 349 Clinton, NC 28328 Dear Mr. Hill: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality l ,.,'N'� 1�1Ij SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 S-3/S-4 Duplin County File No. DV 03-022 Permit No. AWS310397 This letter transmits notice of a civil penalty assessed against Premium Standard Farms of North Carolina, Inc.in the amount of $21,565.38, including S1,365.38 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 1617 Mail Service Center, Raleigh,. North Carolina 27699-1617 OR NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Atfirmative Action Employer 50% recycled/ 10% post -consumer paper httpY1h2o. enr.state.nc_ us 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver (form attached) of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of. Keith Larick DWQ 1617 Mail Service Center Raleigh NC 27699-I617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley Registered Agent Dept. of Environment and Natural Resources 160I Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 733-5083, extension 571. Sincerely, Jeffrey Poupart Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc: rRe""gia l:Srz rvisc r yv/'attachmen Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF ) PREMIUM STANDARD FARMS OF ) NORTH CAROLINA, INC. FOR MAKING AN OUTLET TO THE ) WATERS OF THE STATE OF ) NORTH CAROLINA ) WITHOUT A PERMIT ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV 03-022 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Premium Standard Farms of North Carolina, Inc. (Premium Standard) is a corporation organized and existing under the laws of the State of Delaware. B. Premium Standard owns and operates the S-3/S4 farm (S-3/S-4), a swine animal operation along SR 1156 in Duplin County. C. Premium Standard was issued Certificate of Coverage AWS310397 under General Permit AWG100000 for S-3/S-4 on June 4, 2001, effective on June 4, 2001, with an expiration date of October 1, 2004. This permit does not allow the discharge of waste to.waters of the State. D. On December 4, 2002, in response to a complaint, DWQ staff inspected S-3/S-4. Staff observed a discharge of wastewater from a spray field to an unnamed tributary of Doctors Creek. Staff also observed a discharge of wastewater from a subsurface drainage pipe to another unnamed tributary to Doctors Creek. Doctors Creek are Class C Sw waters of the State within the Cape Fear River Basin. E. Condition III. 6 of General Permit AWG100000 states in part "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence... where runoff enters surface waters." u F. On Friday, January 10, 2003, at 6:00 p.m., a representative of Premium Standard left a voicemail message for DWQ staff at the Wilmington Regional Office that animal waste had discharged at S-3/S-4 during the late afternoon of Thursday, January 9th- G. On January 13, 2003, DWQ staff spoke via telephone with a representative of Premium Standard regarding the discharge of January 9th. The Premium Standard representative stated to staff that the discharge had occurred at approximately 4:30 to 5:00 p.m_ on January 9th. H. On January 13th, DWQ staff inspected S-3/S-4 and observed evidence of a discharge of wastewater from a spray field to an unnamed tributary to' Doctors Creek. I. On March 10, 2003, a representative of Premium Standard reported to the Wilmington Regional Office that a discharge of wastewater had occurred at around 2:30 p.m. that afternoon at S-3/S-4 as the result of the rupture of an underground irrigation line. The animal waste discharged into an unnamed tributary to Doctors Creek. J. Premium Standard had no valid permit for the above described discharges. K. The cost to the State of the enforcement procedures in this matter totaled $1,365.38. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Premium Standard is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributaries to Doctors Creek constitute waters of the State within the meaning of G.S. 143.215.1 pursuant to G.S. 143-212(6). C. The above -cited discharges constitute making an outlet to waters of the State for purposes of G.S. 143-215. 1 (a)(1), for which a permit is required by G.S. 143- 215.1. D. Premium Standard violated Condition No. III. 6. f. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. E. Premium Standard may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. F. Premium Standard may be assessed civil penalties in.this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. G. The State's enforcement costs in this matter may be assessed against Premium Standard pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Premium Standard is hereby assessed a civil penalty of: $ 20 O for of four violations for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 $. %,000 - for violating Condition No. III. 6. f. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of overapplying animal waste either in excess of the limits set out in the Certified Animal Waste Management Plan (CAWMP) or where runoff enters surface waters. $ 1.365.38 Enforcement costs $ ". 1.TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 03 (Date) rey"O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality STATE OF NORTH CAROLINA COUNTY OF Duplin IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Premium Standard Farms of North ) Carolina, Inc. ) ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 03-022 Having been assessed civil penalties totaling $21,565.38 _ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 2, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence iri 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___ rr O�OF W rFR pG I Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources q, Alan W. Klimek, P.E. Director Division of Water Quality MEMORANDUM TO: Steve Lewis, Environmental Specialist III Non -Discharge Compliance/Enforcement Unit FROM: Stonewall Mathis, Environmental Engineer I Wilmington Regional Office THROUGH: Rick Shiver, Water Quality Regional Supervisor �-- jj.�� Wilmington Regional Office SUBJECT: Enforcement Report Premium Standard Farms of North Carolina, Inc. S-3/S-4 Facility Number: 31-397 Duplin County DATE: May 12, 2003 Attached please find the subject enforcement report which concludes that Premium Standard Farms of Nora Carolina, Inc. (PSF): 1) Violated North Carolina General Statute 143-215.1 on four instances by discharging animal waste into the waters of the State without a permit. 2) Violated Condition III. 6 of Swine Waste General Permit AWG100000 by failing to report by telephone to the Regional Office within 24 hours of first kno... ledge of a runoff of animal waste into the waters of the State. On December 4, 2002, Mr. Stonewall Mathis and Mr. Gale Stenberg of the Wilmington Regional Office responded to a complaint of a waste discharge from the S-3/S4 into a stream. During the investigation, it was discovered that animal waste runoff from a field had discharged into an unnamed tributary to Doctors Creek, and it was also discovered that animal waste had discharged from a drain file of a land application field into another unnamed tributary to Doctors Creek. On January 9, 2003 at around 4:30 p.m. to 5:00 p.m., animal waste runoff from a field discharged into an unnamed tributary to Doctors Creek. PSF reported the discharge at 6:00 p.m. on January 10, 2003. On March 10, 2003, PSF reported that an animal waste discharge had occurred at around 2:30 p.m. on March 10, 2003 as the result of an underground line rupture. The animal waste discharged into an unnamed tributary to Doctors Creek. 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 1 800 623-7748 �A NCDEN.It Memorandum to Steve Lewis PSF Enforcement May 12, 2003 Page Two It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General Statute 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 $1,365.38 pursuant to North Carolina General Statute 143- 215.3(a)(9). If you have any questions, please contact me at 910-395-3900. ATTACHMENTS cc: Jeremy Hill, Premium Standard Farms of North Carolina, Inc. (Entire Package) rr•Regional-Olce-(-EntirePacicage) . xi S:\WQSkANIMALS\DUPLIN\2003\31-397enf\31-397memo DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Violator: Premium Standard Farms of North Carolina, Inc. (PSF) Contact Person: Jeremy Hill Address: P.O. Box 349 Clinton, NC 28329 Facility Name: S-3 / S-4 Facility #: 31-397 Receiving Stream and Classification: Unnamed tributaries to Doctors Creek, C Sw, Cape Fear River Basin Regional Office: Wilmington Inspector / Report Prepared By: Stonewall Mathis Registered Agent: (if applicable) Address: (if applicable) Case Narrative: On December 4, 2002, Mr. Stonewall Mathis and Mr. Gale Stenberg of the Wilmington Regional Office responded to a complaint of a waste discharge from the S-3/S-4 into a stream. During the investigation, it was discovered that animal waste runoff from a field had discharged into an unnamed tributary to Doctors Creek, and it was also discovered that animal waste had discharged from a & :in tile of a land application field into another unnamed tributary to Doctors Creek. On January 9, 2003 at around 4:30 p.m. to 5:00 p.m., animal waste runoff from a field discharged into an unnamed tributary to Doctors Creek. PSF reported the discharge at 6:00 p.m. on January 10, 2003. On March 10, 2003, PSF reported that an animal waste discharge had occurred at around 2:30 p.m. on March 10, 2003 as the result of an underground line rupture. The animal waste discharged into an unnamed tributary to Doctors Creek. Farm and/or Company Compliance History: Include a copy of CAFO Designation letters, previous NOV=s, NOD=s, previous civil assessments, etc. This farm, under previous ownership, was issued a civil penalty that included an assessment for a discharge from a drain tile of the land application field located in the approximate same location as the drain tile discharge that was discovered on December 4, 2002. The civil penalty referenced in the previous statement was assessed on April 11, 2000 for $10,791.52 of which the violator paid $8,000.00 as part of an agreement to perform other activities at the facility to include correcting the drain tile. The current owner was issued a Notice of Violation (NOV) on April 15, 2002 for a self reported discharge to waters of the State (WOS) that occurred on 2/25/02 when a riser ruptured and a self reported discharge to WOS that occurred on 10/17/01 when an air relief valve ruptured. The current owner has been issued a Notice of Violation and Recommendation for Enforcement (NOV/RFE) dated January 21, 2003 for the discharges that were discovered on December-4, 2002. The current owner has been issued a NOV/RFE dated January 21, 2003 for a self reported discharge to WOS and failure to notify in accordance with the permit for a discharge that occurred on January 9, 2003. The current owner has been issued a NOV/RFE dated April 10, 2003 for a self reported discharge that occurred on December 30, 2002, ponding of animal waste that was observed on January 13 and January 16, 2003, a self reported discharge from the swine confinement house that occurred on February 27, 2003, and a self reported discharge to WOS that occurred on March 10, 2003. The current owner has been issued a NOV dated April 16, 2003 for self reported freeboard violations for both lagoons at the facility. Amount of Waste Discharge (if applicable). If amount cannot be estimated, what is the rate of flow reaching surface water. The total amount of animal waste discharge reaching waters of the State as a result of the two discharges, one each into two different unnamed tributaries to Doctors Creek, that were discovered on December 4, 2002 is estimated to be 10,000 gallons. The amount of animal waste discharge reaching waters of the State as a result of the discharge on January 9, 2003 is about 50 gallons as reported by PSF. The amount of animal waste discharge reaching waters of the State as a result of the discharge on March 10, 2003 is about 1,500 gallons as reported by PSF. Sample Results (If applicable) with locations of samples taken noted in relation to discharge point: For the discharges that were discovered on December 4, 2002, samples were taken in the unnamed tributary to Doctors Creek that runs immediately adjacent to the S-3 lagoon; this is also the southern most unnamed tributary to Doctors Creek on the facility. The samples that were taken from this unnamed tributary are associated with the animal waste runoff event. Sample "1" is the upstream sample in the UT and was taken about 200 feet upstream of the point at which animal waste runoff from the land application field discharged into this UT. Sample "2" was taken in this UT about 250 feet downstream of the point at which animal waste runoff from the land application field discharged into this UT. Sample "3" was taken in this UT about 450 feet downstream of the point at which animal waste runoff from the land application field discharged into this UT. Sample results for this UT are shown below. Southern Most UT: Sample Point 1 2 3 Fecal Coliform, 70 48,000 2,000,000 colonies/100mL NO2+NO3 - N, 3.28 4.11 3.17 mg/L N143-N, mg/L 19.9 19.2 38.1 TKN, mg/L 22.7 25.8 53.2 Total Phosphorus, 0.10 1.39 2.68 mg/L Also, for the December 4, 2002 investigation, samples were taken from the unnamed tributary to Doctors Creek that runs on the northern border of the facility. The samples that were taken from this unnamed tributary are associated with the animal waste discharge from the drain tile. The drain tile discharges into a ditch and this ditch discharges into the unnamed tributary to Doctors Creek at a point about 125 feet downstream from the.drain tile. Samples were taken on December 4 and 5, 2002. The samples taken on December 4, 2002 are as follows: Sample "Up" is the upstream sample in the UT and was taken about 75 feet upstream of the point that animal waste from the drain tile ditch discharges into this UT. Sample "Corner" was taken in the UT about 250 feet downstream of the point that animal waste from the drain tile ditch discharges into this UT. Sample "Kenan" was taken in this UT along State Road 1156 at the western intersection of the UT and SR 1156. Sample "Loop 2" was taken in this UT along SR 1156 at the eastern intersection of the UT and SR 1156. The samples taken on December 5, 2002 are as follows: Sample "1" was taken in the UT at a point several hundred feet downstream of the eastern intersection of the UT and SR 1156. Sample "2 Dam" was taken in the UT at a point about 100 feet downstream of sample "1". The results of the samples for this UT immediately follow. Northern Most UT. December 4.2002: Sample Point Lp Corner Kenan Loop 2� Fecal Coliform, 15 22,000 32,000 33,000 colonies/100mL NO2+NO3 - N, 6.02 10.1 8.81 8.83 mg/L NH3-N, mglL 0.2 1.4 2.8 2.1 TKN, mg/L 1.9 4.2 7.3 5.6 Total Phosphorus, 0.03 0.22 0.30 0.33 mg/L Northern Most UT. December 5.2002: Sample Point 1 2 Dam Fecal Coliform 1709 4900 colonies/l OOmL NO2+NO3 — N, 3.31 3.58 mg/L NH3-N, mg/L 0.6 0.9 TKN, mg/L 2.4 1.6 Total Phosphorus, 0.13 0.17 mg/L Violator's degreeof cooperation (including efforts to prevent or restore) recalcitrance: For the discharges that were discovered on December 4, 2002, the violator failed to ensure proper waste application and this failure resulted in runoff of animal waste and discharge of animal waste into waters of the State. The violator did perform a cleanup of both unnamed tributaries to reclaim a portion of the discharged animal waste. For the discharge that occurred on January 9, 2003, the violator failed to ensure proper waste application and this failure resulted in runoff of animal waste and discharge of animal waste into waters of the State. PSF reports that a cleanup of the discharge was performed. For the discharge that occurred on March 10, 2003, PSF reports that a cleanup of the discharge was performed. - Fish kill observed? Y/N If yes, include report from WRC: Division staff did not observe a fish kill for any of the December 4, 2002, January 9, 2003, and the March 10, 2003 discharges. Mitigating Circumstances: It is the writer's opinion that there are no mitigating circumstances relevant to the cause of the discharges that were discovered on December 4, 2002 and also the discharge that occurred on January 9, 2003. Division staff observed cleanup activities that were conducted by PSF for the discharges that were discovered on December 4, 2002. Also, PSF reports that a cleanup was conducted for the January 9, 2003 discharge. The March 10, 2003 discharge was reported to be the result of an underground line rupture. PSF reports that a cleanup was conducted. 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 flaw 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 the violation: The animal waste discharges caused elevated fecal coliform levels as well as elevated nutrient levels in the unnamed tributaries to Doctors Creek. These pollutants are harmful to the ecology and use of the waters. 2. The duration and gravity of the violation: For the discharges that were discovered on December 4, 2002, the duration is not easily' determined since the discharge events had occurred prior to the investigation. It is thought that each of the violations resulted from at least one application event and as such the time frame for the occurrence of the violations is thought to be hours each. The gravity of the violation is that an estimated total of 10,000 gallons discharged into the two unnamed tributaries to -Doctors Creekcausingnegative effects to water quality---_-___ The duration of the discharge that occurred on January 9, 2003 is thought to be several minutes. The gravity is that 50 gallons of animal waste runoff discharged into the waters of the State. The duration of the discharge that occurred on March 10, 2003 is thought to be several minutes probably approaching an hour or two. The gravity of the violation is that 1,500 gallons discharged into the waters of the State. 3. The effect on ground or surface water quantity or quality or on air quality: For the discharges that were discovered on December 4, 2002, the effect on surface water quality is documented in the sample results shown above; fecal coliform and nutrient levels were elevated in the unnamed tributaries. The pollutants did affect an unknown quantity of surface water in that an unknown quantity of surface water was polluted due to the discharge of animal waste. The northernmost unnamed tributary had documented surface water quality effects for about one mile of stream and the animal waste continued to flow further downstream. The southernmost unnamed tributary had documented surface water quality effects for at least several hundred feet of stream and the animal waste continued downstream. The effects on ground water are not documented or known, but they are thought to be minimal. The effect on air quality was minimal at the time of the inspection. For the discharges that occurred on January 9, 2003 and March 10, 2003, no effects on surface or ground water quality or quantity or on air quality were documented by Division staff. 4. The cost of rectifying the damage: For the discharges that were discovered on December 4, 2002, the damage that was done by the animal waste to the waters of the State cannot be rectified. The violator did perform a cleanup of both unnamed tributaries to reclaim a portion of the discharged animal waste; the cost of this cleanup is not known. For the discharges that occurred on January 9, 2003 and March 10, 2003, the damage that was done by the animal waste to the waters of the State cannot be rectified. The violator reports that a cleanup was conducted in both instances; the cost of these cleanups is not known. 5. The amount of money saved by noncompliance: It is thought that the operator was attempting to irrigate more waste than suitable for the given conditions resulting in the discharges.discovered on December 4, 2002 and January 9, 2003. This could be resultant from not having a sufficient work force and not having sufficient irrigation capability to apply the waste properly. This failure to have sufficient work force and sufficient irrigation capability is money saved. This amount of money is likely in the thousands of dollars, but I do not have a specific estimate. 6. Whether the violation was committed willfully or intentionally: For the discharges discovered on December 4, 2002 as well as the January 9, 2003 discharge, the operator did not ensure proper application of animal waste and did not prevent runoff and discharge of animal waste into the waters of the State. The March 10, 2003 discharge is thought to not be willful or intentional. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Please see the comments above under Farm and/or Company Compliance History. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $, as follows: Staff, Mathis, 10 hours @ $23.28/hour $ 232.80 Stenberg 10 hours @ $17.83/hour $ 178.30 Pictures 49 @ $0.16 each $ 7.84 Mileage, 12/4/02 102 @ $0.31/mile $ 31.62 12/5/02 (0.5 x 173) @ $0.31/mile $ 26.82 Samples, Fecal Coliform 7 @ $20/each $ 140.00 2 @ $18/each $ 36.00 Nutrients 9 @ $68/each $ 612.00 Administrative Costs $ 100.00 Total $1,365.38 S:\WQS\ANIMALS\DUPLIN\2003\31-397enf\31-397enfreport STATE OF NORTH CAROLINA COUNTY OF DUPLIN NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF FILE NO. DV PREMIUM STANDARD FARMS OF ) NORTH CAROLINA, INC. ) FINDINGS AND DECISION FOR VIOLATIONS OF NORTH CAROLINA ) AND ASSESSMENT OF GENERAL STATUTE 143-215.1 FOR ) CIVIL PENALTIES MAKING AN OUTLET INTO WATERS ) OF THE STATE ) 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, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Unit of the Water Quality Section of the Division of Water Quality, make the following: I. FINDINGS OF FACT: A. Premium Standard Farms of North Carolina, Inc. owns and operates the S-3/S-4, a swine animal operation along State Road 1156 in Duplin County. B. Premium Standard Farms of North Carolina, Inc. was issued Certificate of Coverage AWS310397 under Swine Waste General Permit A WG100000 issued pursuant to North Carolina General Statute 143-2151 on June 4, 2001, effective on June 4, 200-1.,-with-an-expiration-date-ofApril- 3"003-for-the-operation-of an -animal -waste collection, treatment, storage and application system. C. Condition III. 6 of Swine Waste General Permit AWG100000 states in p art " The Permittee shall report b y t elephone to the appropriate R egional O ffice as s oon as possible, but in no case more than 24 hours following first knowledge of the occurrence... where runoff enters surface waters." D. On December 4, 2002, Mr. Stonewall Mathis and Mr. Gale Stenberg of the Wilmington Regional Office of the Division of Water Quality responded to a complaint of a waste discharge from the S-3/S-4 into a stream. During the investigation, it was discovered that animal waste runoff from an application field of the S-3/S-4 had discharged into an unnamed tributary to Doctors Creek, and it was also discovered that animal waste had discharged from a drain tile of an application field of the S-3/S-4 into another unnamed tributary to Doctors Creek. Doctors Creek is Class C Sw waters of the State within the Cape Fear River Basin. On January 9, 2003 at around 4:30 p.m. to 5:00 p.m., animal waste runoff from an application field of the S-31S-4 discharged into an unnamed tributary to Doctors Creek. Premium Standard Farms of North Carolina, Inc. reported the discharge at 6:00 p.m. on January 10, 2003. - - ----- -- ----- -On March-I0; 2003;-Premium Standard -Farms of North -Carolina, Inc. reported -that--- .- --- an animal waste discharge had occurred at around 2:30 p.m. on March 10, 2003 at the S-3/S-4 as the result of an underground line rupture. The animal waste discharged into an unnamed tributary to Doctors Creek. E. Premium Standard Farms of North Carolina, Inc. had no valid permit for the above described activities. F. The cost to the State of the enforcement procedures in this matter totaled $1,365.38. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Premium Standard Farms of North Carolina, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The unnamed tributaries to Doctors Creek and Doctors Creek are waters of the State within the meaning of G.S. 143-215. 1 (a)(1) pursuant to G.S. 143-212(6). D. The above -cited discharges 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. E. Premium Standard Farms of North Carolina, Inc. violated Condition III. 6 of the Swine Waste General Permit AWGI00000 by failing to report by telephone to the - Regional Office wx,ithin-24-hours-TEillowin"r-st-knawledge--af-tlie--oeeurrenee-ate a- - - - runoff of animal waste into surface waters. F. Premium Standard Farms of North Carolina, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit. G. The State's enforcement costs in this matter may be assessed against Premium Standard Farms of North Carolina, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). H. The Acting Supervisor of the Non -Discharge Unit of the Water Quality 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: Premium Standard Farms of North Carolina, Inc. is hereby assessed a civil penalty of. $ for of four violations of G.S. 143-215.1 for discharging animal waste into the waters of the State without a permit. $ for of one violation of Condition III. 6 of Swine Waste General Permit AWG100000 for failing to report by telephone to the Regional Office within 24 hours following first knowledge of the occurrence of a runoff of animal waste into surface waters. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 1,365.38 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-2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public nrr_pPrtty.�--r?cult�n�-�r1)�h�-i�#el&tkA ; (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) J. Kent Wiggins Acting Supervisor Non -Discharge Unit Water Quality Section Division of Water Quality u O ./' v Zr r \♦��� /- c5i ' O I bl �� — - .. fi q�t � ••� r < 1 - � ...•"ram -.R1 � can Ja . _ ,•� =14 r' i _ J-31S-- 4 LO L O.'AlLeL N Ln(3) dl 0 CL z ui M F- LL L-Of t ; ►-, C " L't -n 4 I f. P J j1 gI E 17 >�'�I '� `' �I/ � \ \ �' 71- l�f�.;�..._ ,pia-�,rl ] � '•' ,-��4s`s \1j Win {'' � _ , � }Y ^ -� �' ' �—' ! � ` i.. � �. 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Cam M _�' - _ 69 1 • 7 r Type of Visit OCompliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine PrComplaint O Follow up O Emergency Notification O Other ❑ Denied Access Late of Visit: Time: Facility Number t t10 Not Operational 0 Below Threshold Permitted ©Certified D Conditionally Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: 'r County:�t— f � Ownerltiame:i-. Phone No: Mailing Address: Facility Contact: Title: Phone No: OnsiteRepresentative- �',!-''..J [L��.Integrator:r''� ✓71..Jy. jC tJtr;s ;�'Y ,x" ,, (,�,,� k jn+.r,-•' _ ir''Cs'{� Certified O erator• O erator Certification Number: p r, r C: !c p Location of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude ' " Longitude 0 ° 0 Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Surav Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. !f discharge is observed. what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? s'. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & _Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure ; Structure 4 Structure 5 Identifier: ly-'4 E' Z Freeboard (inches): L 05103101 ❑Yes El No ❑ Yes ❑ No XYes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 Continued ;•ecility !`umber: i/-'��;'?� Date of Inspection - Are there any immediate threats to the integrity of any of the structures observed' (ie/trees. severe erosion, ❑yes ❑ No seepage. etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? El Yes El No 22. Fail to notify regional DWQ of emergency situations as'required by General Permit? ❑ Yes ❑ No (ie/ discharge, freeboard problems, over application) 23, Did ReviewevInspector fail to discuss review/inspection with on -site representative? ❑ Yes ;TNo 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Cainments{refer to'q�eshan #} Explattt any YES aesners andlur sny recommendations 4r say athereamments Lse drawings of facility to better explain situatzons, (ase additional pages as necessary) -� ��� ❑ _ � Field C Fina l� f.E�rnG4el%{1� �' �i �c�% �7rrn e� Cjz-, C /SCi�r�r`�C 1-S,Jr, t s' S �iil.:; S Tti-• � � S Gil �, ✓c c� , � � C --f �clJ (� ra vi `l�'L1Fpi t✓✓J ' C �� r / 1 ✓ rI. slt' IC',L'�C/.�r� f�t�i7 �,•at.r[:C �s'�L`Ja�/f�' ,�/y']/►�`./ �.1 �M1�="'ii JJe4 -�� J� n� 4 ✓����� :4 c,44 C 4C''fe_ ; c , r 4o/ wcce. �vr-f✓� fS E'.S-J��-��r �r� 011S �'cir''r�l; k� S Review•er/InspectorName '_"� '` �e' e`vc3 1,..,.ks`J E': � "►'l �: `; ., --i, ��= ` h, .� Reviewer/Inspector Signature: R ate: % z q I C�) 05103101 Contfnued .c 411-5; - \umber: ? - Date of Inslx•cti m 1 � 'i- i Odor Issues '6. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below ❑ Yes ❑ `'o liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 34 hours? !❑ Yes ❑ No 23. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt. ❑ Yes ❑ vo roads, building structure, and/or public property) V 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ 1'es ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts. missing or or broken fan blade(s), inoperable shutters. etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 33. Do the flush tanks lack a submerged fill pipe or a permanent/temporary covet' ❑ Yes ❑ No Additional'Gomments�and/or LPL )� l e r 42 L- t /' '� t C—h) /P L✓C-'-C T�i���' . ! �e �''fC�'�rSeYi7/mot-/��;/S'°. !�! �-i�r�-�/{_ � C_ ��c1►-1 UJ�' �'� � L�rv[�j'•.-ti�+� 05103101 ---------- Q1, Ilk -�.S-,-. Ll* ;(qt) ! L ---.... __..:-- •-- � •.._.. � __E_ � n f •-�1 � I ..� i ;ter �_, Environmental Chemists, Inc. 6602 Windmilt Way • Wilmington. North Carolina 28405 (910) 392-0223 (Lab) • (910) 392- 424 (Fax) Echemw@aot.corn NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 tourer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Stonewall Mathis REPORT OF ANALYSIS Date Sampled: 12/04/02 Sampled By: Stonewall Mathis WASTEWATFR: Date of Report: December 17, 2002 Purchase Order 4: Report Number: 2-6380 Report To: Stonewall Mathis Project: PARAMETER Sample ID Kenan Loop 2 Up Corner 1 2 3 -Lab m #14576 #14577 #14578 #14579 #14580 #14581 #14582 32,000 33,000 15 22,000 70 48,000 2,000,000 Fecal Coliform, Colnies/100 mL Nitrate + Nitrite Nitrogen, NO3 + NO= = N mg/L 8.81 8.83 6.02 10.1 3.28 4.11 3.17 Ammonia Nitrogen, NH3-N, mg/L 2.8 2.1 0.2 1.4 19.9 19.2 38.1 Total Kjeldahl Nitrogen, TKN mg/L 7.3 5.6 1.9 4.2 22.7 25.8 I 53.2 Total Phosphorus, P mg/L 0.30 0.33 0.03 0.22 0.10 1.39 2.68 Comments: Reviewed ENVIRON14ENTAL CHEMISTS, INC 6602 Windmill Way Sample Cbl� lection and Chain of Custody Wilmington, NC 28405 NCDENR: DWQ Ceriitleate #94, DLS Certificate #37719 Phone: (910) 392-0223 Analytical & Consulting Chemists I Fax: (910) 392-4424 Client: NG.I F" N R, - ..V LA J [ LI _O Etnail:EchemW a aol.com Collected By: 5'7c •iQ--J1k l -t,> CP- f r�4,,' (7­1111c) Report No: Sam le T e: I = Influent E = Effluent W =Well T =Stream SO =Soil SL= Slud a Other: r PRESERVATION Collection h a w Sample Identification n u o- o ANALYSIS REQUESTED v� o a a. U V cJ O DATE TIME TEMP U .7 .6 x x p jl i! .. n el� G f S xc C G L�S. fr.F C-r�, C I CO e .- `- S7 G G��� {`^ y C 1 S r G I G t/ TG! rrl- f Ir 1 C i G S. 3 G C P G I G C i P G G C P G IG 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 Relinquished By: Date/Time Received By: Date/Time 1. .2. ! Temperature w en Received: n. ° G scepted: Rejected: Resample Requested: Delivered By: , eceived By; . �' _M -,--^te:�y (� = so�� `�•'''y 12 - y- Omments: Y AI .Gcl � s . � _ ---� ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ Certificate #94, DLS Certificate #37729 Analytical & Consulting Chemists LAC nJ 9 --:D (A)Cy L.o; r, Collected By: r SAmnle Tvne! i = influent_ F. = F.fflnpnt_ W =Well . CT(I =Qnil Cis L'lurina (lthnr. 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 Email: EchemW@aol.com Report No: _;k, Sample Identification Collection CL c a U °o a V" c U e PRESERVATION ANALYSIS REQUESTED z x O' 0 O F O DATE TIME TEMP 1f �,,, . 2. r-� 5, s `' �T C P ri �F UUPS _ i cG L ST C r, C.✓?7S G C it kL c /s .] ST cr- rr !14r�iC"n�f G C P G G C P G l G C P G G NOTICE — DECHLORINATION : Samples for Ammoliia, 0.2 ppm or less in the field at the time of collection. See TKN, Cyanide, Phenol, and Bacteria must be dechlorinated reverse side for instructions. Transfer Relinquished By: D te/Time Received By: Date/Time 1. 2. Temperature when Received: Accepted: I Y Rejected: Resample Requested: Delivered By: �� �✓+� Received By:. �!�% _. ---. -'-' Date: Time: -- 'envirO46h CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attu: Gale Stenberg Date Sampled: Sampled By: WASTEWATER: 12/05/02 Gale Stenberg Environmental Chemists, Inc. 6602 Windmill Way - Wilmington. North Carolina'_3405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) EchemW@aol.com NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729 REPORT OF ANALYSIS Date of Report: December 17, 2002 Purchase Order #: Report Number: 2-6411 Report To: Gale Stenberg Project: PARAMETER Sample 1D 1 2 Dam Lab ID # 14628 # 14629 v 1709 4900 Fecal Coliform, Colonies/100 mL Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mg/L 3.31 3.58 Ammonia Nitrogen, NH3-N, mg/L 0.6 0.9 Total Kjeldahl Nitrogen, TKN mg/L 2.4 1.6 Total Phosphorus, P mg/L 0.13 0.17 Comments: Reviewed by Gc�/ c- - i - ENVIRONMENTAL CHEMISTS, INC Sample CQ,lect,ion and Chain of Custody NCDENR: DWQ Certificate #94, DLS Certifleate #37729 Analytical & Consulting Chemists Client: Q Q Collected BY: Sample Tvne: I = Influent. E = Effluen , W =Well, ST =Stream. SO =Soil. SL= Sludge Other: 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 Email: Echemaol.com Report No: �2— CA Sample Identification Collection a u N 6 e` o U a e` d o� U e a PRESERVATION ANALYSIS REQUESTED a e o Ix o a DATE TIME TEMP 1 / 114 ►z & C { d!1 G C ` P G k G C P _ G G C 'I P G G C P G I G C P G G C i P G G C ! P G I G C P G.­.!1j 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 Relinquished By: Date/Time Received By: Date/Time 1, --T 2• Temperature when Rftcei a 10v Accepted: ✓ Rejected: Resample Requested: Delivered By: ReceivedlBy: Date: iy . joz- Time: S-'z,S'P Comments: i Premium Standard Farms of North Carolina, Inc., S-3/S4, Facility # 31-397 Picture Captions for Violations Initially Discovered on December 4, 2002 Page One Photos: AA) This photo shows the S-3 facility. BB) This photo shows the S-4 facility. For the discharge that occurred resultant from waste runoff from the application field: A) Pondedwaste in the waterway of the sprayfield. B) Ponded waste in the waterway of the sprayfield. C) Ponded waste in the waterway of the sprayfield. The waste drained toward the woodline in the background of the photo. D) The point at which the waterway discharges into a ditch that runs along side the field is shown in the middle background of the photo. E) The point at which the waterway discharges into a ditch that runs along side the field is shown. The field and waterway are in the background of the photo while the ditch is at the photographer's feet. F) Waste in the ditch that runs along the side of the field. G) Waste in the ditch that runs along the side of the field. H) Waste drained from the ditch in the background and middle of the photo into the unnamed tributary to Doctors Creek located in the foreground of the photo. 1) Waste drained from the ditch in the background of the photo into the unnamed tributary to Doctors Creek located in the foreground of the photo. J) The photo shows upstream sample point "I". K) Waste at the inlet side of a pipe. This is in the unnamed tributary to Doctors Creek downstream of the point that animal waste discharged into the UT. L) The unnamed tributary to Doctors Creek is in the middle of the photo. The direction of flow is away from the photographer. The pipe that was shown in the previous photo is underneath the farm path in the foreground of the photo. M) Animal waste in the unnamed tributary to Doctors Creek. This is sample point "2". N) Animal waste in the unnamed tributary to Doctors Creek downstream of sample point "2". O) Animal waste in the unnamed tributary to Doctors Creek. 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Ir 1.. 1 • � tJIr h.: " t 4 i< s'� y/+ i •_�"'3'. ,{^a'�, � �!r . �`f��� k� k . $ 1 � } � }Y t "�.c F � � f% �r �tf+at � �+ 5 •� J "� v� L tryf� k /,L x1a h;rift YY 5 .S Wfrl,,ry11x rci �\'i\i`yb '*t,Ik" Y � �K„4 � j }'M.•.� " ������ !"�i�*+' �,n6 ..' .`�f." 4 lii�• �yAVT,- ia. _ Y rrK . Sf`gc'.. �,'i,�•i '• " i 1 - n� ^���.'i3�� A;f � f � - ;�, ✓ ik "S ''`i 1 � F i° �, � . _L!s ��Q � y(" ! .'Y'rS .. ` � .'!1,�1! �'��"',�'��4'�� Y Y i<' k i '�..b�• fix " r ,.': . M� �'` tC }�' ' T'F i \.. �4€�� rV"yy[ '}�}I# �>tr�'r;� •1 �a;�'� �'s ` j �;',f.`�" . �- '+F' �` 11 � .����_I _�_� ]yl,��,j'��•�e`i����N't.i �yt V ` a i ��yJ�(�,��• c 1f 4 y1 1... �I f ai3��a+` � '�.a r,�, � � t"ry. M�`4't�,{{�"'�:�,i4��;�yR�7`,"ty�14 �.�-fr, rY'1../sx, q r•�tiwT� j`', t�{,+] w tt :�- � - • ,ti ri +,zr11t`i- . K y�•��-«'x"ti/`" f _ �`'lF '�, '� '; .•�+'. ,� C /� � � 'S"x�„%�i • � _ � i r 1 r, � r� tP t �'3t +fir ,� rf � � �� �. �f""?�iT �.._.�'.'�`i � '�q�+"trrr�•'�r �f� f"! kr �I��As� < f 'b• i/�; x' . . r' � i' ' .� r,j, i k� s �� � 4 s r/f% Fr � a�,.rs'�►ovr� JPe � f. " v � +.. ,F �t� �� �' { a�K 'f,u "�'���!��� � f it `i� / •jt' 9r.� �.. ": :: S ! " �Y �� <, u Premium Standard Farms of North Carolina, Inc., S-31S-4, Facility # 31-397 Picture Captions for Violations Initially Discovered on December 4, 2002 Page Two For the discharge that occurred resultant from the drain tile: 1) The drain the discharging into the ditch. Flow in the ditch is away from the photographer. 2) The drain tile discharging into the ditch. Flow in the ditch is toward the left of the photo. 3) The ditch into which the drain tile discharges is shown. The drain file is toward the background of the photo and flow in the ditch is toward the photographer. This ditch discharges into the unnamed tributary to Doctors Creek located at the photographer's back. 4) Shows location of sample point "Up" in the unnamed tributary to Doctors Creek. 5) Shows the point at which the ditch carry flow from the drain the discharges into the unnamed tributary to Doctors Creek. The ditch comes in at the right middle of the photo and discharges into the UT shown from foreground to background of the photo. Flow in the UT is away from the photographer. 6) Shows the point at which the ditch carry flow from the drain tile discharges into the unnamed tributary to Doctors Creek. The ditch comes in at the right middle of the photo and discharges into the UT shown from foreground to background of the photo. Flow in the UT is away from the photographer. 7) Shows the UT to Doctors Creek downstream of the point at which the ditch carrying flow from drain tile discharges into the UT. 8) The UT to Doctors Creek is between the field and the woods. The photographer is standing near sample point "Corner" and is facing in the upstream direction of the UT. 9) Sample point "Corner" in the UT to Doctors Creek. 10) Shows the UT to Doctors Creek just downstream of sample point "Corner". 11) Shows the UT to Doctors Creek on the upstream side of SR 1156 at the westernmost intersection of the UT and SR 1156. Sample point "Kenan" shown in background. 12) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the westernmost intersection of the UT and SR 1156. Sample point "Kenan" is shown. 13) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the westernmost intersection of the UT and SR 1156. 14) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the westernmost intersection of the UT and SR 1156. 15) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the Westernmost intersection of the UT and SR 1156. 16) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the westernmost intersection of the UT and SR 1156. Flow is away from the photographer. 17) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. Sample point "Loop 2" is in the background. 18) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. Sample point "Loop 2" is in the background. 19) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at -the easternmost intersection of the UT and SR 1156. 20) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. This is sample point "Loop 2". Flow in the UT is toward the photographer. 21) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. This is sample point "Loop 2". 22) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. This is sample point "Loop 2". 23) Shows waste in the UT to Doctors Creek on the upstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. This is the inlet side of the pipe. 24) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. 25) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. 26) Shows waste in the UT to Doctors Creek on the downstream side of SR 1156 at the easternmost intersection of the UT and SR 1156. 27) Shows the UT to Doctors Creek at a point downstream of "Loop 2" sample point but upstream of sample point "1" that was sampled on 12/5/02. 28) Shows waste in the UT to Doctors Creek at a point downstream of "Loop 2" sample point but upstream of sample point "1" that was sampled on 12/5/02. This point is downstream of the previous picture in which a machete is shown. 29) This is sample point "1" that was sampled on 12/5/02 in the UT to Doctors Creek. 30) This is sample point "2 Dam" that was sampled on 12/5/02 in the UT to Doctors Creek. 31) Waste flowing out of the dammed area of the UT to Doctors Creek. 32) Waste in the UT to Doctors Creek at a point downstream of sample point "2 Darn". IVY nol! • h Yi . 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WMW ti w000— I,- r,4, � � r 4►' +M�I�i'.I F 9.J'�ti6im_,, ` { :t P4"71 r•'f:.' - {.."�j� Qt'1►} ty��� �. l '•. ;gj..44, ,.,,.5. ?.i sw 4}',•Y R t :w •� a �� yr"tl rVi � Fra� �ar�''��'�=r*���,:.;NA.Yw� r �.. .�'... _ .,. .. ;: aAC *�.n �� :M Ji�7'�d.► 1. d. 10. 2002 3 : 0 3 P M H,F ERC NO.6362 P. i Premium Standard Farms® Premium Standard P.O. Box 194 Highway 65 North Princcton, MO 64673 V1� TO: S �one+..�al� rY1 anti i 3 COMPANY: PHONE: 910- m s- moo FAX: "Im- ?so- 1o04 Gf,?- �s7s �►-� FROM: J e e"y Wo1 COMPANY: ?sv vN c PHONE: FAX: DATE: . ahoJoz PAGES: Z (Including cover sheet) COMMENTS: Sif,,,ot - :r,, ou} off' PV CIAM Sp i� yor^ %qAVc I%-C,0;vn= f)C&W g.^e .ter a Cam. an MY M06)t 6109Sa- &SO(*. 5(,, M LVIJZ i:Uirivi r�r ant; NO.6362 P. 2 Premium standard Farms' P.O. Sax 194 Highway 0 North Princeton, MO 64673 Phone. (660) 748-4647 Fax: (660) 7484861 December 9.2002 Stonewall Mathis Division of Water Quality 127 Cardinal Drive Extension Wilmington. NC 28405 Subject: Discharge notification letter for S3/S4, facility number 31-397. Dear Mr. Mathis, This letter is to serve as written notification of a wastewater discharge from S3/S4, facility number 31-397, on December 4, 2002. A neighbor of the farm called DWQ and reported lagoon water located in a ditch near his home. After tracing the water back to the source it appears that the water had left the field through a field tile. The file was buried last year and meets the -criteria of being greater than two and one half feet beneath the surface. Application amounts were within the nutrient management plan guidelines, however amounts were in excess for the ground conditions at the time of application. Application amounts have to be significantly reduced during colder weather. During the same day of application, runoff occurred from one of the spray fields into .the . ditch behind S3. We have installed a slide -gate valve in this ditch to prevent water from leaving-theproperty-should-a-discharge-occur.—However,-the-valve-was-ieft-openwhich - ------ resulted in runoff from the spray field leaving the property. The custom pumper had not applied on the farm since Monday, December 02, 2002, and claimed that there was no wastewater in the ditches when he left on Monday. PSF personnel reclaimed the discharge water from the ditches using trash pumps and a tanker truck. The custom pumper employee responsible for the land application which resulted in the discharge has been relieved of his pumping duties. As preventative actions we are ordering tile plugs that can be installed in the tile outlets to keep lagoon water from flooding the ditch, even though this should not be an issue provided proper land application BMPs are used. We are also having additional slide -gate valves built. These valves will be used to keep any discharge wager on the property, should any enter one of the ditches located on the farm. If you have any questions please do not hesitate to contact me at (910) 299-3024_ Sincerely, Jeremy D. Hill Environmental Compliance Manager Michael F. Easley, Governor o y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality January 21, 2003 CERTIFIED MAIL 4 7002 1000 0005 6492 0077 RETURN RECEIPT REQUESTED Premium Standard Farms of North Carolina, Inc. S-3 / S-4 P.O. Box 349 Clinton, NC 28328 Attn: David H. James Subject: Notice of Violation and Recommendation for Enforcement S-3 / S-4 Facility Number: 31-397 Duplin County Dear Mr. James: This is to notify you of violations of North Carolina General Statute 143-215.1. On December 4, 2002, in response to a complaint, Mr. Stonewall Mathis and Mr. Gale S'onberg of the Wilmington Regional Office of the Division of Water Quality performed an inspection of the S-3 / S-4 animal operation and the animal waste management system serving this operation. During this inspection, it was discovered that two discharges of animal waste had occurred into unnamed tributaries of Doctors Creek. Doctors Creek is class C Sw waters of the State within the Cape Fear River basin. These are violations ofN.C.G.S. 143-215.1 that requires that no person shall make an outlet into the waters of the State without having obtained and -abided by tale appropriate -permit. --- 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 $10,000 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 I43-215.3(a)(9). If you have an explanation for these violations that you wish to present, please submit your written response to this office within ten days of your receipt of this letter. Your response will be forwarded to the Director along with the enforcement package for his' consideration. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 +�_ lk� wCUEI.:t David H. James Premium Standard Farms of North Carolina, Inc. S-3 / S-4 January 21, 2003 Page Two Be advised that the Division of Water Quality may take further action in this matter including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation District John College, DSWC-WiRO DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit rWilmington-Files 31'-397_ S:1WQSIANIMALSIDUPLIM2003131-397novrfe d'■ JHN-j 1-euus MI. ub: bb FM ?6r OF SIC, INC i■ i' FAX NO. 9102993016 �j �� ° P�_rniunt Standard J r P. O. Box 349 Clinton, NC 28329 Phone: 910-592-2104 Fax: 910-299-3016 FAX COVER SHEET D:A,TE: _ I J�( 1 O 3 w^ TIME: TO: lei cK 5 h , /t4 F_AX COMPANY: PHONE: FROM: � ere,-.,r .- _ _ ^ EXT: RE: S3/-Sy 1VOV/ 1Z C &foru"" -' (910) 35-0 )n P. 01 Number of pages including cover sheet; ' 3 �'cx, MESSAGE J�o1Ce �„�,}1., ��ey � dew weeks b�iC cncl T�ucS�d ���- ysN 5ericl t{5 ct copy o� 4-W, recon,/qZ184.4p, jc i-kc VOL, -Nmd to `?.�1Ut� i•, . rkel':.e Aneikc c r) juSl r rn 13 ) Md��,�ns h c.1c laetn 551Cr� % p � -�j eiAq CA C Cwy op Al I tares ,�cncp Snc� eCj bacK �r our yokA COkAW (', Lkl6 5re-N\1 T#Isa F kx C-CMMU-MC S-10N IS INTENDED O? --Y SQR 7r:E LSS OF THE I1NDIVIDLL4L. TO W S0M PITS ADDRESSED AND MAY CDNTAIN -24FORWM -,ION THIA71 Is PROPRIEMARY, CON MFINMAL OR PRIViLGE•D. IF YOU ARE NOT. THE DrMNDED RECIPIENT (OR :tip F-WLOYF-E OR AGES-1 RESPC' E3Lr-' FOR DELIVERIM TSiIS CZMMU-114Cv'. ' 0N- TO = INTEWED RECMIEN-P„ YOU ARE HEREBY NOTIMED THAT ANY DISSr-ldMkTION, DISMBLMOIN, OR COPYING OF THIS CCW4L3MCA,*11Q 1S SMCMYPROF3IBITED. TKOs YOU 2aUJ rX l Ub:5b F11 rsr UI NC, INC fi FAX NO. 9102993018 P. 02 PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. P.U-aox 349 f.LIN•rON, NC 28329.0349 PHONE: 9 1 0- 5 9?- 2 1 0 4 FAX - 9 3 4- Z 9 9- 3 u i 6 January 31, 2003 Rick Shiver Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: NOV response letter for SYS4, facility nun-Lber 31-397. Dear Mr. Shiver, This letter is to serve as written response to the NOV/Rec. for Enforcement letter, dated January 21, 2003, you sent as a result of the discharge which occurred at S3/S4, facility number 31-397, on December 4, 2002. As detailed in the original 5 day notification letter concerning the tile discharge, application amounts were within the nutrient management -plan guidelines, however do to extreme soil compaction conditions - - we did experience some water ponding in the area of the tile. Several steps have been implemented in order to help ensure similar incidents do not occur. The person responsible for pumping has been relieved of his duties. All fields on the farm receiving application have been ripped and aerated. Application amounts have been significantly reduced by reducing the size of the nozzles in the irrigation guns, during this cold weather period. The tile area has been located and marked. Additional soil has been budgeted to be hauled in so that a greater distance between the surface and the drain tile can be established. Tile plugs have been installed with shut-off valves which can be connected to a trash pump so that the line can be evacuated without allowing the water to enter the ditch. Lastly, additional slide gates have been budgeted for installation (to accompany the two already installed) which will allow the water to be contained within the field ditch and on site, in the event that a tile plug should rapture. As indicated by the NOV letter, during the same day of application, runoff occurred from one of the spray fields into the ditch behind S3. We have installed a slide - gate valve in this ditch to prevent water from leaving the property, should a discharge occur. In each of the incidents listed above PSF personnel reclaimed the discharge water from the ditches using trash pumps and a contracted tanker truck, which happened to be 3 FRI 08:56 PM PSF OF NC, INC FAX NO, 9102993016 i the area. The ditches have a natural flush as the water was reclaimed. Water was !moved from the ditches until it was clear. When considering your NOV and enforcement decisions we politely request that ou take into consideration the costs already incurred from the clean-up efforts. More J.rtportantly we ask that you look at the upfront and honest approach PSF has taken with DWQ. This farm does have a history, however this history has been established via the upfront information that we supply to your department. Many improvements have been made to the farm in the last two years and additional improvements are underway. A nipple water system is being installed so that water usage will be greatly reduced which decreases the water that will have to be land applied. Lastly, look at the timely and detailed clean-up efforts. PSF believes in being proactive in addressing issues immediately. As a result, implementation of the above mentioned action items were began immediately after the discharge. Thank you for these considerations, we hope to continue the type of upfront relationship we have had with your department for the last two and a half years. If you have any questions please do not hesitate to contact me at (910) 299-3024. Sincerely, Jeremy D. Hill Environmental Compliance Manager P. 03 U Z LL. O L I - En E- d CO Ln d I U Lsi t3 KM S3 S4 &-�tA -, S S9lS4 Lagoon Levels (�a�lltiuia� 3/9/01 3/16/01 3MI01 3/30/01 4/6/01 4/131011 4/20/01 4/27/011 S/4/01 15/11/01 S/18/01 5/25/01 6/i/016/8/91 6/15/01 6 22/01 6 29/Ol 2119.51 171 17.51 221 281 291 27.51 381 1 291 36 361 341 33 291 281 28 .231 22.51 171 171 261 7AI 26 26 27-51 1 26 331 331 joi 271 2751 29 10/S/02 10/12/01 10/19/01 10/26/01 u/2/01 11/9/O1 11/16/01 11/23/01 11/30/01 12/7/01 1 12/14/01 12/21/01 1 12/26/01 34 37 43 43 45 48 48 48 48 1 47 1 47 44 46 39 52 53 53 53 53 53 53 47 1 47 1 45 45 45 2002 lagoon Levels 1/4/02 1111/02 1/18/02 1/25/02 2/1/02 2/8/02 2/15102 2/22/OZ 3/l/OZ /8/02 3/15/02 3/ /02 3129/02 4i 43 41 38 38 38 37 37 33 31 28 28 28 4i 42 40 38 37 35 34 37 39 38 35 33 34 4/5/02 4/12/OZ 4/19/02 4/26/02 5/3/02 5/10/02 5/17/02 5/24/02 5/31/O2 6/7/02 6/14/D2 1 6/21/02 6/29/02 43 32 32 32 32 31 31 35 42 40 47 44 44 32 43 42 42 41 41 41 41 39 1 40 36 4l 1 42 7/S/02 7/12/02 7/19/02 7/25/02 8/2/02 8/9/02 8/16/OZ B/Z3/02 9/30/02 9/6/02 9/13/OZ 9/2A/07 9/27/02 43 41 41 3B 38 38 38 3713 1 10 26 25 34 41 41 39 37 37 36 36 35 30 2S 33 39 38 `� '�� /.DY 1►� 1 S Ov- ry ,Nw,,� is yo,��- • 7 l v EC-@6-Z002 10:08 AM PJ/01 / 1L S31S4 Annual Rainfall Tracking Sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 31 Jan_ Fah- March Anrll Mav June July ALIm- Sent. Oct. Nov. Dec. 0.00 0.00 0.00 0.30 0.00 0.00 0.00 0.00 0.40 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 0.00 0.00 0.00 0.00 2.0 (sn) 0.00 0.00 0.00 1.40 0.00 0.00 0.00 0.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00_ 0.00_ 0.00 0.20 0.00 0.00 0.00 0.00 U0 1.20 0.00 0.00 QA0 0.00 1.50 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 0.20 O.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '0.20 0.00 0.00 0.00 0.00 0.00 0.30 0.00 0.00 1.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 1.30 0.20 0.00 1.50 0.10 0.00 0.00 0.00 0.00 0.00 2.00 1.50 -0.10 0.00 0.20 0.00 0.60 0.00 0.50 0.00 0.00 0.20 1.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 0.00 0.30 v.00 0.00 0.00 0.00 0,00 2.80 0.00 0.00 0.10 0.00' 0.00 0.00 0.00 0,40 0.00 0.00 0.00 0.00 0.00 0.40 0.00 1.00 0.00 0.00 0.20 0.00 0.00 0.00 0.00 0.20 0.00 0.00 0.60 0.00 0.00 0.00 0.00 0.60 0.30 0.00 0.00 0.20 1 0.00 0.70 -M30--- -0.00 0.20 0.00 0.00 0.00 0.00 0.30 0.00 0.00. - 0.00 0.00 0.50 1.40 0.00 0.00 0.00 0.80 0.00 .0.00 0.00 0.00 0.30 0.00 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.20 0.00 0.30 1.10 0.00 0.00 0.06 0.00 0.20 0.00 0.00 0.00 0.00 0.00 0.30 0.00 0.00 0.00 0.00 0.00 0.80 0.70 0.00 0.20 0.00 0.10 0.00 0.00 0.40 0.00-1 0.00 0.65 0.20 0.00 0.00 0.00 0.00 0.00 0.30 0.00 0.00 1 0.00 0.00 0.20 0.00 U0 0.00 0.00 0.00 0.20 0.00 0.00 0.00 0.00 1.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.40 0.00 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.70 0.00 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.50 0.00 I OAo Tot. 2.40 0.50 4.70 1.10 2.60 820 3.85 5.10 2.70 3.20 9.40 0.90 Fax Weekly: (910) 299-3016 Or Phone in Weekly: (910) 299-3024 - NCDA Agronomic Division 4300 Reedy Creek Roat.Raleigh, NC .2760776465.. 919 .7334655 . Report No: W03298 W Gramer: P5F of NC Copies To: Alin: Jeremy Hill PO Box 349 -IlCllnlon, "q WasteAnaiysisR" a�/LFann: � NC 28328 1116102 Duplin County Sam lelnfo. Laboratory Results N permillio_n,unlessotherwisenoted ..:.;;...:...',.,.,._ P X Ca S Fe Nn %n Cu R No G7 C Sample ID: ?nlal 333 78.7 475 119 40.9 34.9 2.25 0,34 0.96 0.26 0.82 83 Waste Code. M14 ,11..5 -NO.3 NO Ni Cd Pb Ai Se Li C:N D,H% !,'en ALE aril 160 7.41 Descripllon: OR-N Swlnc L,t urn IA . Urea Recammendations: Nutrients Available for First Crog AS11600 allow Other Elements 1bs11000 ailons Applic,rlinu Atelbod N P205 920 Ca M9 . S, ` Pe- -AM: D1 Cti - B . -NO- Cl Na Nl Cd Pb Al Se Li trrigallim 1.4 1.1 3.8 0.71) 0.24 0.20 -0.01 T.- 0.01 T =''T 1,3 Sam le Info. Laboratory Results per million unless otherwise noted ', a'r�rrrple !D: S4 Waste Code. AI S Vescriplion: Same L.a non Li . N P X Ca - ,f S Fe illy, 71: Gu 8 MO Cl C Tnla1 344 by -,Y -,V714 -NO3 0R•N Uren _ 88.5 481 97.0 24.9 31.8 1.62 0.24 0.73 0.13 0.79 Na M C.rl Pb At se Li pH SS ON D,YI% CCb1K TILE al 16F 7.58 Recommendations: Nutrients Available for First Crop 1b$11000 allures Other Elemhents . lbS11000 allo>rs 1ppllcalios,lfelbnd Irrigation . N P205 92U 1.4 1.2 3.9 Ca hlg S : Pe ,Ihr .: 0.57 0.15. .0,19• 0.01`. :f 2iied. - .D NO :C!. F T:•::,'::: T Na N!_ Cd 1.4 , Pb Al Se Li GEC-05-2002 THU 01:07 PM PSF OF NC, INC FAX NO. 9102993016 P. 02 TEMPORA R Y A DD END UM TO WASTE UTILIZATIONPLAN.- FA CILITY NUMBER 31-397 FARMNAME: DOGWOOD FARMS S3 & S4 OWNER NAME: PREMIUM STANDARD ATTN:JER.E,MYHILL DESIGN CAPACITY: 3250 combination_ swine Larty THIS REVISION APPLIES TO THE 10/22/97 PLAN CREATED BY TECHNICAL SPECIALIST BRYAN SPELL. BY WAY OF THIS NARRATNE, PULLS .10 - 23 WILL BECOME BERMUDA HAY WITH SMALL GRAIN OVERSEED. THE PREDOMINATE SOIL. TYPE IN THESE AREAS IS RAINS SOILS WHICH SPECIFIES AN AGRONOMIC RATE OF 225 LBS N PER/ACRE ON-BERMUDA HAY WITH AN APPLICATION WINDOW OF MAR- OCT. SMALL GRAIN MAY BE OVERSEEDED AT AN AGRONOMIC RATE OF 50 LBS N PERIACRE WITH AN APPLICATION WINDOW OF SEP - APR. THIS CHANGE WILL INCREASE THE WUP NITROGEN DEFICIT ON THESE AREAS BY A RATE OF 65 LBS PER/ACRE WHERE THE SUMMER/WINTER ANNUAL ROTATION PRE-EXISTED AND 105 POUNDS PER ACRE WHERE THE FESCUE PASTURE PRE-EXISTED. THIS NARRATIVE INFORMATION WILL BE INCLUDED INTO AN OFFICIAL NEW WASTE PLAN ONCE PREMIUM STANDARD DECIDES ON CHANGES THAT WILL OCCUR TO THE ANIMAL WASTE COC AND PERMIT HELD BY THIS FACILITY (AWS31097). ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. PREMIUM STANDARD PLANS TO APPLY THEIR WASTE IN ACCORDANCE WITH THE FARM'S SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF .4 IN/HR AND I INCH PER/ APPLICATION EVENT. 6/1/01 RONNIE G. KENNED Y JR. TECHNICAL SPECIALIST 611/01 JEREMY D. HILL ENVIRON. COMP. MANAGER DEC-05-2002 THU 01:07 PM PSF OF NC, INC FAX NO. 9102993016 P. 03 ANIMAL WASTE UTILIZATION PLAN Producer: Dogwood Farms Inc. Location: P.Q. Box 49 Clinton NC 28329 Telephone: 910-592-2104 Type Operation: Existing Combination Swine Farm Number of Animals: 3250.00 swine (Design Capacity) STORAGE STRUCTURE: Av1/ L APPLICATION METHOD: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to, -reduce the amount of commercial fertilizer required for the .crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are -important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding. capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are establz hed. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. GEC-05-2002 THU 01.08 PH PSF OF NC, INC FAX NO. 9102993016 P. 04 ANIMAL WASTE UTILIZATION PLAN 5. wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on_the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing -waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .021.7 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 3250 swine x 6.56153846154 tons waste/swine/year 21325 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 3250 swine x 5.82307692308 lbs PAN/swine/year = 18925 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. DEC-05-2002 THU 01: 08 PIS PSF OF NC, INC FAX NO. 9102993016 P. 05 ANIXAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------ APPLY RESID. APPLIC METH N TIME 1106 P1 GoA EH 6.5 325 2.42 786.5 I MAR-OCT 1100 SG 1 I T 12.42 1`P1� I 150 1121 SEP-MAY 1106 P2 GoA - BH 6.5 325 2.42 I 1786.5 MAR-OCT • 1106 P2 5G 1 I 150 12.4-2 1121 SEP-MAY to GOA 6.5 325 2.42 786.5 -- JP3 JBH I MAR-OCT i10o 1 50 2.42 121 I_P3 JSG I 1 SEP-MAY 1106 P4 GOA __j3.43 1114.75. JBH I 16-.5-1325 I MAR-OCT 1G6 `P4 SG 1 3.43 - .5 I I 150 1 1171 SEP-MAY 1106 P5 GoA 6H 6.5 325 770.25 li 1 12-.37. MAR-OCT 11G5 P5 SG 1 .37 I ISO T 1118.5 SEP-NLkY 110E P6 GOP_ BH 6.5 325 0.80 I 1260 MAR-OCT 1106 'P6 SG 1 50 E} . 8 140 I r I F SEP-MAY 3'791 P7 GOA BH 6.5 325 3.94 11280.5 �x MAR-OCT 1.09i P7 SG 1 S0 3.94 197 S SEP-M.blY DEC-05-2002 THU 01;08 PM PSF OF NC, INC FAX NO. 9102993016 P. 06 ANIMAL WASTE UTILIZATION PLAN 1051 6.5 1PS IGoA lali I 13:25 1 13.13 11017.25 _051 "P8 SG 1 156.5 I 110 13.11 1 SEP-MAY 1091 P9 GoA HH 6.5 325 0.76 247 i MAR-OCT 1091 SG 1 50 Fpl I 10.76 138 SEP-MAY 109I P14 Ra 3.4 1.86 rile 1170 1316.2 SEP-MAY laal P11 Ra 3.4 1.70 5.2 884 T SEP-MAY 1051 P12 Ra 3.4 370 3.13 1332.1 I SEP-MAY a1 P13 Ra 14.5- 1 5.61 1262.25 1225 MAR-OCT 1071 P14 I Ra r5pl, I 3.4 jb 1170 13.03 1515.1- SEP-MAY.: lc5i P1S Ra .�' 3.4 170 4.55 773.5 I � SEP-MAY 091 P16 Ra 3.4 1_�7tpl I 1170 13.03 1515.1 SEP-MAY .10:1 Piz �Ra 3.4 T 70 5.2 884 SEP-MAY 1051 P18 Ra ,Xj 3.4 170 5.10 B67 I 5� SEP-MAY;:: G91 P19 5 875.5 lRa I Sb SEP-MAY., 1353 P20 _L,&/ 3.4 867 JRa I �d 1170 1 15.30 SEP_MJkY 7�.. P?1 3.4 lRa I k7 1170 15.40 1918 SEP-MAY 1 lc9l 4.5 137 420.75 JP2_2 lRa T �� 1225 1 11. SEP-MAY DEC-05-2002 THU 01:08 PM PSF OF NC, INC FAX NO. 9102993016 P. 07 ANIMAL WASTE UTILIZATION PLAN 1091 P23 ]GOA BH ;;;Pl 6.5 -14-19—.25 1.29 MAR-OCT 1091 -P23 1 50 1.29 64.5 ISG I SEP-MAY 1091 P24 GoA HH 6.5 3.13 1017.25 1�54 MAR-OCT 1091 -P24 SG 1 50 I 1 13.13 JIS6.5 SEP-MAY END I TOTAL119421.7 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. DEC-05-2002 THU 01:09 Pik PSF OF NC, INC FAX NO. 9102993016 P. 08 ANIMAL WASTE UTILIZATION PLAN TABLE 2; ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LES COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRESi AW N PER AC AC USED ----- or ------- APPLY RESID_ APPLIC METH N TIME END TOTAL 0 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. in interplanted fields (i.e. small grain, ecc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. in fields where small grain, etc, is to be removed - for hay or silage, care should be exercised not to let small - grain to reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too. A high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over hroadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. DarrP : 6 AFC-05-2002 THU 01:09 Phi PSF OF NC, INC FAX N0, 9102993016 P. 09 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching_ Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet ofT dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-cf-ways. 15:'Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been -approved as a land application site by a 11technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. IS). 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, berths, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 12 DEC-05-2002 THU 01:10 PH PSF OF NC, INC FAX NO. 9102993018 P. 10 WASTE UTILIZATION PLAN REQUIRES] SPECIFICATIONS _. is. 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., shoo 1d be inspected on a regular basis to prevent breakdowns, lea]}cs, and spills. A regular maintenance checklist should be kept on site . 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall _be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker wi 11 be required to mark the maximum storage volume. for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and so i 1 shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry _ waste application records shall be maintained for three (3) years. Waste application records for all other waste shall- be maintained for five ( 5 ) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Paget: 13 DEC--05-2002 THU 01:10 PH PSF OF NC, INC FAX NO. 9102993016 P. 11 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION ?LAN AGREEMENT Name of Fazm:Dogwood Farms S-3 & S-4 Owner/Manager Agreement I (we) understand and will fellow azd implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new cer_i-fication to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste frcm this system to surface waters of the state from a storm evert less sevs re than the 25-year, 24-hour storm. The approved plan will be fi3ed on -site at the farm office and aL the office of the lccal Soil and Water Conservation District and will be available 'E or' re —view by NCDWQ upon requesz. Na=e of Facility Owner: Dogwood Farms Inc. (Please priss6)® Signature: Name of Manager (If different from owner).: �f4,e L-� Signature: Date: . %d Z23 / 7 7 Name of Person Preparing Plan: {Please primt) z- Af f i.li.ation:=M Phone No. Address (Agency) �li•n �Ci'n� NG ��3z5... GGS/�j Signature: C� � Date: -o z—Z- page: 12 I I - JL DEC-05-2002 THU 01:11 PM PSF OF NO, INC FAX NO, 9102993016 P. 13 . rd p0 0 WORKSHEET FOR CALCULATING PAN AND TONS OF WASTE FROM COMBINATION SWINE OPERATIONS v_ ._ra; ion Code: 6 Combination Swine Farm 4PTLICATION METHOD: I Irrigation Type Operation Number Animals NUMBER OF WEAN TO FEEDER PIGS: NUMBER OF FEEDER TO FINISH HOGS: NUMBER OF FARROW TO WEAN SOWS: 2000 N MSER OF FARROW TO FEEDER SOWS: 1250 NUMBER OF FARROW TO FINISH SOWS: TOTAL NUME3ER ANIMALS: 3250 TONS OF WASTE PRODUCED PER YEAR: WEAN TO FEEDER: 0 tons FEEDER TO FINISH:• 0 tons FARROW TO WEAN: 12200 tons FARROW TO FEEDER: 9125 tons FARROW TO FINISH: 0 tons TOTAL WASTE: 21325 tons _ PRODUCED PER YEAR: WEAN TO FEEDER: 0 lbs FEEDER TO FINISH: 0 lbs FARROW TO WEAN: 10800 lbs FARROW TO FEEDER: 8125 The FARROW TO FINISH: 0 lbs TOTAL PAN: 18925 # AVERAGE TONS OF WASTE PER ANIMAL PER YEAR: AVERAGE PAN PRODUCED PER ANIMAL PER YEAR: SLUDGE PAN PRODUCED PER YEAR: BROADCAST WEAN TO FEEDER: 0 lbs FEEDER TO FINISH: 0 lbs FARROW TO WEAN: 1760 lbs FARROW TO FEEDER: 1375 ibs FARROW TO FINISH: 0 lbs TOTAL SLUDGE PAN: 3135 lbs Tons Waste per Animal .40 1.9 6.1 7.3 19.9 6.56153846154 5.82307692306 AVERAGE SLUDGE PAN PER ANIMAL PER YEAR: 0.9646IS384615 PAN per an. .48 2.3 5.4 6.5 26 JR I iel L 0: 40 4- -, r Nc , Va. ®R vciyl� I 'IN SyNi�Nk.rYl -V .-PIC• _r 3-4-P - 53 kf WIN'. n I WMI a AAr Ike, d ,�.''-r'• is 'tom ••, ', • , , 'fir',`, f•' • • _ ` •' i"f V LO CAD .!i�•t: ��� 1 ts. �; +y�lf;. ,rV �. 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N.���yJ��' �ri7Y• f'I ��i`���.�,r', :/7•,�. i+l,::t:,'��'iA�'�f7 :fi'x�i.: ri 'H ! ' r� �► , '!, �, �'` �"1-���1111 n�R r }", �1• Ya��>=,'i(` r ��\� ,Y � �-t, •t r•.n )• v S �� • � ,�•r• lfr �y]y 'r♦ �i r.�+/) r ,,y� h 1 3. L11. r,,1',W,,if'k. r' ' i IVYyf ^� J i' . r •,, i �Gt• 1R/ •�i 1C 1 s , 4 ^Y f r� N„': k4�,J.�'1 i�w !.. / f ?� ':b� T ` �' � �J I , i. / ta'� q' .,�4,.tr ,t1 , ' , i T ry r_. � 1•C t�v,:. am + `•�$S i �+�1 i ;. ; '� S,Vjj�srrll �i,}, ���'. i 1� •pj?•;r�tir��fl.+iw_4!'lA��i•� .C, � � 11 .T Vf�,r t��rv�;� � t•n,\�� DEC-05-2002 THU 01:16 PIS PSF OF NC, INC FAX NO. 9102993016 P. 17 ADDENDUM TO WASTE UTILIZATION PLAN: E4CILITY1VUMBER 31-397 FARM 1VAME: DOGWOOD F4R.11S .S3 & S4 OWNER _NAME: PREMIUMSTANDARD ATT1V.-JEREITYHILL DESIGNCAPACITY. 3250 combination swine farm THIS REVISION APPLIES TO THE 10/22/97 PLAIN CREATED BY TECHMCAL SPECIALIST BRYAN SPELL. BYWAY OF THIS NARRATIVE TRACT 1102 FIELD I WILL BE OFFICIALLY INCORPORATED INTO THE WASTE PLAN FOR PREPLANT 00 DAYS BEFORE PLANTING) APPLICATIONS TO EITHER COTTON OR CORN AT AN AGRONOMIC RATE OF 40 LBS N PER/ACRE. THE PREDOMINATE SOIL TYPE IS GOLDSBORO. IF COTTON IS APPLIED TO BEYOND PRE -PLANT THE TOTAL AGRONOMIC RATE WILL BE 92.5 LBS N PER/ACRE FOR AN ADDITIONAL PAN DEFICIT (USING 740/6 OF ACTUAL ACREAGE = 30.99 ACRES) OF 2966.57 LBS N. THE APPLICATION WINDOW FOR COTTON WILL BE (APR 15 - ]UNE 15). IF CORN IS APPLIED TO BEYOND PREPLANT THE TOTAL AGRONOMIC RATE WILL BE 162.5 LBS FOR AN ADDITIONAL PAN DEFICIT OF 50035.87 LBS, N. THESE DEFICITS SHOULD BE ADDED TO THE DEFICIT OF THE 10/22/97 PLAN UNTIL FIELD USE IS DISCONTENIMD. PREMIUM STANDARD HAS WRITTEN PERIVIISSION TO APPLY THIS FIELD FOR ONE YEAR (ATTACHED). ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS WHEN USED. PREMIUM STANDARD PLANS TO APPLY THEIR WASTE IN ACCORDANCE WITH THE FARM'S SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE HYDRAULIC LOADING OF .5 LN/HR AND I INCH PER/EVENT. 3/29/01 3129/01 RONNIE G. KENNEDY JR. 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Ok. fief y'� 1s'�. r• � , WX -�F�s��.v� _� �. i". 1 y<��r. i � �✓ M -C f�''•l-' I �.r• _p �_-`, , �1� 'J i}l I _JY�t� 1 S -F .Jl .� li• �'f �:ir '+ � 4Q, � r ' r �l - - �; � •J YJ �'�rl.�r .i ,r i�J ;, }.'•' i,r -�' L't-S F f�K •yy��[l[ � F � 'FI !f ,.�i-i, r ! I � a _ - � l.• �,,/�ey. ,'�r�� �4. �, y � Sa 3+' S lk R' f'a� 4� , � i } k s, ! } -•• 2 •� a -{ s 517.4, ,l 4 f ''A !_ f i�l. J ,4L F,y.• - � _: I r `r sf i� _►. �i' I.r r y'yi Y:fy �. � ir+}, «�;} �'�t {s f>.:�•��° r� 1 l IfMTM f4 *"• i L0 cv C T cn m CF) CV 0 o" 0 z x LL_ C) ci z 0 ram.. a.. c�. L0 N O CV O 0 cv r LSn CD U LIU Q FORM IRR 2 Tact # Field Size (wetted acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycie Field -# 1 2.42 Premium Standard Farms of INC P.O. Box 349 Clinton, NC 28328 (910) 592-21D4 Intgation Operator Irrigation Operator's Address Operator's Phone # Facility Number 31 - 397 From Waste Utilization Plan Crop Type Recommended PAN SG (oats) Loading (lb/acre) = (B)50 111 121 IM 1`41 151 (61 M (8) (9) (101 0 1) Date (mmlddVyr) Irrigation PAN Applied Nitrogen Waste Analysis (Iblacre) Balance" PAN* 8 x 9 (lb/acre) (lb/1000 gal) 1000 (B) - (10) B= 50 Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gal/min) rotal Volum (gallons) 6) x (5) x (4 Volume per Acre (gallacre) (7) / (A) 11129/02 2:40 AM 3:05 AM 25 1 275 6,675 2,841 1.4 3.98 46.02 12/03/02 10:00 AM 11:45 AM 105 1 275 28,875 11,932 1.4 16.70 29,32 Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification 9 Co C\j 0. cn 0 cn rn rn CV C=) m 0 z x d II ca c� z LL_ 0 Lz. U) 0. i O_ C.O CV CV C:) CZ) CV I Ld) I U Li! Q FORM lRR-2 i Tract # Field Size (wetted acres) `= (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 2 2.42 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 (914) 592-2104 Facility Number 31 - 39T Irrigation Operator Irrigation Operators Address Operator's Phone i From Waste Utilization Plan Crop Type Recommended PAN SG (oats) Loading (lb/acre) (1) (21 (3) 141 451 161 (7) (81 (9) (101 0 1) Date (mmlddlyr) Irrigation PAN Applied taste Analy (Iblacre) PAN` 8 x 9 (lbN000 gal 1000 Nitrogen Balance" (lb/acre) (B) - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers OperaCng Flaw Rate (gaVrnin) rotal Volum (gallons} 6) x (5) x (4 Volume per Acre (gatlacre) (7)1(A) B= 50 11/26/02 1:00 PM 2:45 PM 105 1 275 28,875 11,932 1.4 16.70 33.30 12103/02 8:00 AM 9:45 AM 105 1 275 f 28,875 11,932 1.4 16.70 16.59 Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # cv a- FORM IRR-2 z. n M rn rn c\j 0 rn 0 Ll- x Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Trod # I Fisid#F 3 Facility Number Field Size (wetted acres) = (A) 2.42 Farm Owner Premium Standard Farms of NC Irrigation Operator Owners Address P.O. Box 349 Infgation Operator's Clinton, NC 28328 Address Owners Phone # 910 592-2104 Operators Phone # From Waste Utilizatlen Plan Crop Type Reoomrnended PAN [so (oats Loading (Iblacre) W (B) 50 Ili (2) (31 (4) (51 (6) 171 (8) (9) (10) (11) Date (mmlddlyr) Irrigation Waste Analysis PAN' (W1000 gal) PAN Applied (lhlave) W x (9l 1000 Nitrogen Balance" (iblacre) (B) - (10) Start Time End Time Total MinLites (3) - (2) # of Sprinklers Operating Flow Rate (galtmin) oral Valumi (gallons) 6) x (5) x (4 VoiUme per Acre (gallacre) (7) l (A) 6= 50 11/29102 11:00 AM 1:15 PM 135 1 275 37,125 15,341 1.4 21 AB 28.52 Owner's Signature Operator's Signature Certified Operator (Print) _„ _ Operator Certification # w N co c> z U i.Z.. 0 Is. cry a. a. co N x E-- N O 0 CV I L1'1 O 1 U W FORM IRR-2 Tract # Field Size (wetted acres) = (A; Farm Owner Owners Address Owner's Phone # Lagoon Liiquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 4 3.43 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Facility Number 31 - 397 Irrigation Operator Irrigation Operators Address Operators Phone 0 From Waste utilization Plan Crop Type Recommended PAN ISG (oats) Loading (lblacre) = (t3) 50 11l (21 13) (41 (51 161 (7) 18) (9) (10) 0 1) Date (mmlddtyr) Irrigation PAN Applied lasie Anaty (lb/acre) PAN' 8 x 9 (lb11000 gal 1000 Nitrogen Balance" (Iblacre) W - 00) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gal/min) _ Foial Volum (gallons) 6) x (5) x (4 Volume per Acre (gal/acre) (7) l (A) . 7-= 50 11/26102 3:30 PM 5:00 om 90 1 275 24,750 7,216 1.4 10.10 39.90 11/27102 9:50 AM 10:30 AM 40 1 275 11,000 3,207 1.4 4.49 35.41 11/29/02 2:00 PM 3:30 PM 90 1 275 24,750 7,216 1.4 10.10 25.31 12/02/02 10:30 AM 12:30 PM 120 1 275 33,000 9.621 1.4 13.47 11.84 Owner's Signature operators Signature Certified Operator (Print) Operator Certification # N ti �'- FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle 0 m rn rn c\1 0 rn a x U— ra z ci CD L.L. cn ca cv 0 z N CD 0 N i Ln O U Lc.1 a Tract # Field Size (wetted acres) = (A) Faun Owner Owners Address Owner's Phone # Facility Number 31 - 397 Irrigation Operator Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG oats Loading (Iblacre) = (5) 50 (1) (2) (31' (41 (51 (61 (7) (6) (9) (10) {1i) Field # 5 2.37 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28326 (910 592-2104 Date (mmiddlyr) Irrigation PAID Applied Nitrogen Waste Analysis (lblacre) Balance" PAN' 8 x 9 (lblacre) (lb11000 gal) 1000 (ai - 0 0) 8= 50 Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gal/min) lotal Volurni (gallons) 6) x (5) x (4 Volume per Arse (gal/acre) (7)1(A) 12/62102 12:45 PM 2.00 PM 75 1 275 20,625 8,703 1.4 12.18 37.82 Owner's Signature Operator's Signature Certified Operator (Print) Operator Cerlification # 0 cri rn rn CV 0 rn 6 x a LA- U U LL. O Ls.. K n- CD CV 0 z F— N 0 I LO 0 ca UJ 0 FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Tract 0 Field Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone b 1 Facility Number 31 - 39T Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG (oats) Loading (Iblacre) = (B)50 (11 (2) (31 (4l (5) 161 (7) (8) (9) (10) 0 1) Field 0 7 3.94 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Date (mmlddlyr) Irrigation PAN Applied Waste Analysis (lblacre) PAN` (8) x i (Ib/1000 gal) 1000 Nitrogen Balance" (lb/acre) W - 00) Start Time End Time Total Minutes (3) - (2) 8 of Sprinklers Operating Flow Rate (gallmin) rotal Volumi (gallons) 6) x (5) x (4 Volume per Aare (gatlacre) (7)1(A) B= 50 12/02102 10:30 AM 1:00 PM 150 1 275 41,250 10,470 1.4 14.66 35.34 u I I ! Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # r: r; O rn M rn CV CD 0 x Lj. U z U S O r.i. C!) cs.. o_ N N H [V 0 0 N I LLB O U W G.l FORM IRR-2 Tracl # Field Size (wetted acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 8 3.13 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-21 M I ftallon Operator Irrigation Operatoes Address Operator's Phone# Facility Number 31 - 397 From Waste Utilization Plan Crop Type Recommended PAN SG (oats) Loading (lb/acre) = (B)50 (11 (2) (3) (4) 151 (61 (71 (al (9) (10) (11) Date (mmlddlyr) Irrigation PAN Applies! Waste Analysis (Iblacre) PAN" 8 x 9 (lb11000 gal) 1060 Nitrogen Balance" (Iblacre) (B) - 0 p) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) rotal Volurrt (gallons) 6) x (5) x (4 Volume per Acre (gallacre) (7)1(A) B= 50 11/26/02 1:00 PM 3:15 PM 135 1 275 37,125 11,861 1.4 16.61 33.39 11129/02 12:00 PM 1:30 PM 90 1 275 24.750 7,907 1.4 11.07 22.32 12/03/02 10:00 AM 12:30 PM 150 1 275 41,250 13,179 1.4 18.45 3.87 Owner's Signature_ Operator's Signature Certified Operator (Print) Operator Cerlification # T 0 m M a) N rn c� z x d rs-. U U 2 Li. O Ls.. G} N N O E— N 0 0 N L, 0 CU i W FORM IRR-2 Tract # Field Size (wetted acres) = (N Farm Owner Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 11 5.2 Premium Standard Farms of NC P.O. Box 349 Clinton NC 28328 910 592-2104 Facility Number 31 - 397 Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utlllzatlon Plan Crop Type Recommended PAN ISIS oats loading (Iblacre) = (B) 50 (1) (2) 13) (4) (5) (6) (7) (8) (9) (10) 0 1) Date (mmldd/yr) Irri ation PAN Applied Waste Analysis (Iblacre) PAN' 8 x 9 1 (lb11000 gal) 1000 Nitrogen Balance" (Iblacre) A - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flaw Rate (gatlrnin) rotal Volum4 (gallons) g) x (5) x (4 Volume per Acre (gallacfe) (7)1(A) 77 55 11 /28/02 10:30 AM 12.00 PM 90 1 275 24,750 4,760 1.4 6.66 43.34 Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # cn m C4: co O M M rn cv 0 o� a Ll. c.� z U z 0 Ls - En rZ z* cL. ti N ti O CV C) O N LO O I U LLJ a 1 5 FORM IRR-2 Lagoon Liquid Irrigation Fietds Record One Form for Each Field per Crop Cycle Tract # Field Size (wetted acres) = (A) Farm Owner Owner's Address Owners Phone # Facility Number 31 - 397 Irrigation Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG (oats) Loading (Iblacre) = (B) 50 (1) 191 rsl 14s 451 (Al 171 t'81 (9) 1101 (11) Field # 12 3.13 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Date (mmlddlyr) I nigatio n PAN Applied Nitrogen Waste Analysls (Iblacre) Balance" PAN' S x 9 (Iblacre) (lb11000 gal) 1000 . (B) - 00) B= 50 Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow male (gat/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7) l (A) 12/03/02 3:30 PM 5:00 PM 90 1 275 24,750 7,907 1.4 11.07 38.93 Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification # f 7- 0 m rn CD N 0 CD 0 x U U Li. O Ls. M L7. a t` N O N Q 0 N I L� O U Ls1 C7 FORM IRR-2 Tract 9 Field Size (wetted acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Reid per Crop Cycle Field # 13 5.61 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910) 592-2104 Facility Number 31 - 397 Irrigation Operator Irrigation Operators Address Operators Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG (oats) Loading (tblacre) = (B)L 5o (11 (2) (3) (4) (51 161 (7) (81 (9) (101 - (11) Date immlddtyr) Irrigation PAN Applied Waste Analysis (lb/acre) PAN' 8 x 9 (lb110o0 gal) 1000 Nitrogen Balance" (lb/acre) (M - 001) Start Time End Time Total Minutes (3) - (2) #of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7) l (A) B= 50 12103102 1:10 PM 5:00 PM 230 1 275 63,250 11,275 1.4 15.78 . 34,22 Owners Signature _ _ Operator's Signature� Certified Operator (Print) Operator Certification # _ T 0 m rn rn N 0 A.9 0 x LL. U z c.� cz. 0 c L- tn z~ o.. co N O F- cv 0 0 N I 11 0 U W Q FORM IRR 2 Tract # Field Size (wetted acres) = (A) Farm Owner Owners Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 14 3.03 Premium Standard Farms of NC. P.O. Box 349 Clinton, NC 28328 910 592-2104 Irrigation Operator Irrigation Operator's Address Operators Phone # Facility Number 31 - 397 From Waste Utilization Platy Crop Type Recommended PAN SG (oats) Loading (liblacre) = (B) 50 Ill 01 f31 (4) 151 161 f71 f81 f91 f101 i11) Date (mm/dd/yr) Irrigation PAN Applied Nitrogen Waste Analysis (lb/acre) Balance*` PAN* 8 x f9 (lb/acre) (lb/1000 gal) 1000 (B) - (10) B= 50 Start Time End Time Total Minutes (3) - (2) #of Sprinklers Operating Flow Rate (gallmin) otal Volumi (gallons) 6) x (5) x (4 Volume per Acre (gal/acre) (7) / (A) 11/27102 3:00 PM 4.00 PM 60 1 275 16,500 5,446 1.4 7.62 42.38 11/28/02 8:00 AM 10:15 AM 135 1 275 37,125 12,252 1.4 17.15 25.22 Owner's Signature _ Operator's Signature Certified Operator (Print) Operator Certification #E e co m 0.. co ca z c� z O Li- cn a cam. m N O F- N c7 O cm Lr, O I U Lc] FORM IRR-2 Tract # Field Size (wetted acres) = (A) Farm Owner Owners Address Owners Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 15 4,55 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Facility Number 31 - 397 Irrigation Operator Irrigation Operalors Address Operators Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG(oats)__Loading (lblacre) = (0) FTO (11 (2) (3l 141 (5) (6l (7l (81 (9) (10) 0 1) Date (mmlddlyr) Irrigation PAN Applied faste Maly (lblacre) PAN' 8 x (W1000 gal 1000 Nitrogen Balance" (lbfacre) (13) - 00) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) Fbtai Volurni (gallons) 6) x (5) x (4 Volume per Acre (gallacre) (7) l (A) 8= 50 11/27/02 11:30 AM 2:45 PM 196 1 275 53,625 11,786 1.4 16,50 33.50 I J Owners Signature Operator's Signature Certified Operator (Print) __ _ Operator Certification 77 0 m rn rn N rn 0 z x c> z U Ls.. O Li- d co N O CV O 0 N I L0 O I U Li! FORM IRR-2 Tract # Field Size (weNed acres) = (A) Farm Owner Owners Address Owners Phone # Lagoon Liquid. irrigation Fields Record One Form for Each Field per Crop Cycle Field It 17 5.2 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Facility Number 31 - 397 Irrigation Operator Irrigation Operators Address Operators (shone # From Waste Utilization Plan Crop Type Recommended PAN ISG (oats) Loading (Iblacre) = (B)50 (1) (2) (3) (4) 451 (fi) (7) (811 (9) (10) V 1) Date (mmiddlyr) Irrigation PAN Applied Waste Analysis (tblacrel PAN' (8)x (9) (lb/1000 gal) 1000 Nitrogen Balance" (Iblacre) (B) - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacre) 1 (7)1(A) B= 50 11126102 7:30 AM 11:00 AM 210 1 275 57,750 11,106 1.4 15.65 34.45 Owner's Signature I I I Operator's Signature Cerlilied Operator (Print) Operator Certification N. W 0 m C" CV rn 0 C) U Li. O li. Cf] W �N N 0 0 N I Ln O I U LJ 1 Q FORM IRR-2 Tract 4 Field Size (welted acres) a (A] Farm Owner Owner's Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field It 19 5.15 Premium Standard Farms of NC P.O. Box 349 Cfinton, INC 28328 910) 592 2104 Faclilty Number 31 - 397 Irrigation Operator Irrigation Operators Address Operator's Phone It From Waste Utilization Plan Crop Type Recommended PAN SG (oats) Loading (lb/acre) = (B) 50 (1) 12l (3) (4) 151 f61 (11 (B) (91 1101 011 Date (mmlddlyr) Irrigation PAN Applied Waste Analysis (lblacre) PAN' x 9 (lb11000 gal) 1000 Nitrogen Balance" (lb/acre) (B) - (10) Start Time End Time Total Minutes (3) - (2) It of Sprinklers Operating Flow I Rate (gallmin) olal Volumi (gallons) 6) x (5) x (4 Volume per Acre (gal/acre) (7) / (A) B= 50 11/27/02 11:30 AM 3:00 1PM1 210 1 275 57,750 11,214 1.4 15.70 34.30 Owner's Signature Operaleras Signature Certified Operator (Print) Operator Cerlificalion # a) M c V., 0 m M CV 0 C0 0 z x Li- U z 0 Ls. era cL. rn N O E- CV O n N Lo O I U W Q FORM IRR 2 Tract # Field Size (wetted acres) = (A) Farm Owner Owners Address Owner's Phone # Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # 20 5.1 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 FaclGty Number 31 - 397 Imgattan Operator Irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Crop Type Recommended PAN ISG loafs Loading (lb/acre) = (B) 50 (1) (2) (3) (4) 151 161 M (81 (9) (10) 0 1) Date (rnmlddlyr) Irri atlon PAN Applies! faste Analy (Iblacre) PAN' B x f9 (Ibh000 gal 1000 Nitrogen Balanos" Oblacre) (B) - t10) Star( Tlme End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) rotal. Volum4 (gallons) 6) x (5) x (4 Volume per Acre (gal/acre) (7)1(A) t3= 50 11/26/02 7:30 AM 11:00 AM 210 1 275 57,750 11,324 1.4 15.85 34.15 12103102 12:10 PM 3:00 PM 170 1 275 46,750 9.167 1.4 12.83 21.31 Owner's Signature Operator's Signature. Certified Operator (Print) Operator Certification # r� m CD a) cv rn 0 z ac d W ca z U Z Ls. O Ll- Ln O? N O N 0 0 N I L17 O I U W 0 FORM IRR-2 Tract # Field Size (wetted acres) = (A] Farm Owner Owners Address Owner's Phone # Lagoon Liquid irrigation Fields Record One Form for Each Field per Crop Cycle Field # F 21 5.4 Premium Standard Farms of NC P.O. Box 349 Clinton, NC 28328 910 592-2104 Facility Number 31 - 39T Irrigation Operator Irrigation Operabrs Address Operalor`s Phone N From Waste utilization Plan Crop Type Recommended PAN ISG (oats) Loading (Iblacre) = (B) 50 (111 (21 (31 (41 151 161 171 (81 (9) (10) 0 1) Date (mmlddlyr) Irrigation PAN Applied Nitrogen Waste Analysis (lblacre) Balance" PAN' a3 X-19-1 (iblacre) (lb11000 gal) 1000 (B) - (10) B= 50 Start Time End Time Total Minutes (3) - (2) 0 of Sprinklers Operating Flow Rate (gallmin) rotal Volumc (gallons) 6) x (5) x (4 Volume per Acre (gallacre) (7)1(A) 11128/02 8:00 AM 12:00 PM 240 1 275 66,000 12,222 1.4 17A 1 32.89 11 /29/02 9:00 AM 10:30 AM 90 1 275 24,750 4,583 1 A 6.42 26.47 Owner's Signature Operatoes Signature Certified Operator (Print) . Operator Certtflcation N FORM IRR-2 Tract # Field Size (wetted acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Liquid irrigation Fields Record One Form for Each Field per Crop Cycle Field # 24 3.13 Premium Standard Farms of NC P.O. Box 349 Clinton NC 2832E 910 592-2104 Facitity Number 31 - 397 Irrigation Operator I rrig atio n Operators Address Operator's Phone # From Waste Utilization Puri Crop Type Recommended PAN ISG Moats) Loading (Iblacre) = (B) 50 f11 421 f31 (41 (51 (61 (7) (81 (9) (101 fill Date (mm/ddlyr) Irrigation. Waste Anatysis PAN' (IN1000 gal) PAN Applied (lb/acre) 8 x 191 1000 Nitrogen Balance" (lblacre) (B) - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers- Operating Flow Rate (galimin) Total Volume (gallons) (6) x (5) x (4) Volumo per Acre (gallacre) (7) I (A) 13M 50 11126102 3:00 PM 5:00 PM 120 1 275 33,000 10.543 1.4 14.76 35.24 11/27/02 9:60 AM 10:30 AM 40 1 275 11,000 3,514 1.4 4.92 30.32 Owner's Signature - Operator's Signature Certified Operator (Print) Operator Certification # l!� E3 Permitted O Certified ❑ Conditionally Certified ©Registered Date Last Operated or Above Threshold: ' J Farm Name: s s _�'r _ County.. Owner Name: °' `' +" �`Jrt `` °� l �F+' '"t i C Phone No: Mailing Address: Facility Contact: Title: Phone No: Onsite Representative: _ "_r `'� `�_� ' ____ Integrator: Certified Operator: Operator Certification Number: a Location of Farm: Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lap-oon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min" d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. is there evidence of 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' Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: 133 `Fq Freeboard (inches): NMI ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 05103101 Continued %� Facility Number::3 j — .�ri'� Date of I ncnr.rtinn 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? El Yes El No (1f any of questions 4-6 was answered yes, and the situation poses an immediate public bealtb or environmental threat, notify DWQ) 7. Do any of the structures need maintcnance/improvement? ❑ Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22, Fail to notify regional DWQ of emergency situations as required by General Permit? ❑ No (ie/ discharge, freeboard problems, over application) X1,es 23. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes )RfNo 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. t . aaiT+i'.'.°°"r��%.'�`f_.R+1!ag .S3 ief!fit'"«.t'�-.:i"''-'ra-s:_+:,�.-.'a. Coi�sment9 (`refer to:questiotr #}. ):� sirt snv YES:answel g an oran rl r tnmendattons or an3 other comments: Y .�S. Used arm wings�of facility to`beEt �reiplalnsitte(u e a dttinu`af pages_as uec ary ❑ Field Copv ❑ Final Notes .tea i �` ;_s, t i '.W-a /r� iVII,. H:E1 167-1'4 ^1 V.�-:r( r„!letS.Se?clt. tCl J416 e!-I !/1G'ios ,1 F! y i^GI• f r .� �1 �F �" S r r r tT1 r i �`Cq 1 /1 ! [ . [� / � Cam( O s-t i l I I �; !j q ,. �� y� .-I�. Jam. t C� [ li d •T7 r� ! (`4 r J C L cN _5Q S, 4, -��'7F Urv1�>rvrc_�t - Y,GL� f�/�j '�U L/�'J�"!C'�-f �:✓rcrl� r� Jr�,r�"•';�-��'tie r� [c--,. Jc�c�r7. c •t -� l.t S�,� c r . c .-, } � 4,-, lC 1^ Reviewer/Inspector Name ... ', -4 . it ' ., , `, -,.:: • �P 'a•' S - .r.. Reviewer/inspector Signature: Date: 1 f 05103101 01e, a-ll -4 ,ram ^, ­ks Continued r J Faeilii 'Number: r — Date of Inspectimi r Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below liquid level of lagoon or storage pond with no agitation? 27. Are there anv dead animals not disposed of properly within 24 hours? 28, Is there any evidence of wind drift during land application? (i.e_ residue on neighboring vegetation, asphalt. roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. NVere any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent'temporary cover? Additional'Gommentsiatii ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ o ❑ Yes ❑ No ❑ Yes ❑ Flo ❑ Yes ❑ No ❑ Yes ❑ No ���� �,•sGz��:,��e �✓�-�5 ��e r�F�t�I� C� �'v-t4'}tf' 1���.� ��,C nbo r'-C d G:-, ✓, ✓1 C-f �Fd t � t �L t +�- C� -t d P'4 c4 �nf'� 4A Gar"c�i� a Gj %f'n r -f LVCTF ! 0 %"- � e4� �O Y-c"tie �E ']��e � J (-tJ�� 51C -�r,_�.-�� -T� F L,�G•tS.� � Dr^ -��re �'�u•J f.�✓'<7F� �tEr�� ��. f-�il � C�t"F r�� � C? T[.�a l- J C�(_g3 'rC :"t-�6tr�rCrlll� r /'� ►�' . � � ' � ,SC l �'j 4� `art � S �'=� � [ � 1 ` Y' r �i =) tic S 1-7 L't V 6-Es t`- A'1p � JL l'� � n `Z/. � J��f Eck - c F%' 'v = r �`�� -q 4C ► �'��r�r J a w•tf� ^�;)cLA vv ? ; - kE.E nrre%J .sG? e cn cr,�� Fri J !ai !� nt F r c� ^. :? �; �p l �r r1 1 n, rE C-�� k-tltCIC t4 41-111A ��/� [f�.l�� /[� SLTr'�2� ����� becl•i i �1- I.�J i f � � �� i •' C r't L j� Jr Ci T � C � � r j � � � /- 1 f * %e'.; I "I ji Cf 05103101 1 �.7a .!� - � - tvl rn-4 W,:%-< ^''-,. 1 J re C C- "{-�� tf ��ir� r► �eC� p��,lf= �/� ��?C E i e1L 1i e. `' ; --\. J c c ". S4 v ' �- e i ri -� /l �+( f� .S r_ �' E •Its /� w [ -! 4 0 'i E 141- I'z5 !-"-s IN 14- eY r rD■ JAN-22-03 WED 12:56 PM FAX NO, P. 01 Premium Standard Farms of NC PO Box 349 Clinton, NC 28329 Phone 910-299-3024 Fax 910-299-3016 rt, l�IL61b o� i To: Stonewall Mathis Date: January 22, 2003 Re: Notification Letter SVS4 & Run Sheet •Connments: From: Jeremy Hill Pages: 4 including cover sheet CC: I'L ; bd FM FAX H0. P. 02 January 16, 2003 PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. P,0.R0X 349 cLINTON, NC 2R329-0349 PN ONF..: 910-592.2104 FAX! 914-299-3016 Stonewall Mathis Division of Water duality 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Discharge notification letter for S3/S4, facility number 31-397, Dear Mr. Mathis, This letter is to serve as written noti f ication for the wastewater which ran off the field behind S3 on January 9, 2003. The ground on the farm is packed extremely hard therefore: water soaks in slowly. A small amount of wastewater r�ui off the field after the reel had been shut off. There were two areas in which wastewater pondeel up due to compaction. Both areas were monitorcd even aflcr the purnping event because of the two low, compacted areas. One of these areas resulted in the runoff of approximately 50 gallons, which was discovered at around 5.00 pnt. We f-Inisbed working on pine that was giving us trouble then I verified the spill and started cicaning up the area at approximately 6:30 pni. The slide -gate valve was still closed duc to earlier land application which would prevent water from leaving the property. Waler was pumped from the ditch, allowing fresh water to flush the area, and land applied until all areas of the ditch contained only clear water. Since this incident an aerway has been used to hell loosen and aerate the soil which has improved soil conditions. Attempts were made to contact DWQ both on this night and the rollowin morning however cell phone coverage on the fan-n is often unavailable (land litres are limitcd to local calls only). DWQ was contacted the following evening at 6:00 and a message was left. DWQ preformed a site inspection the following business day, Monday January 13, 2003. On January 10, 2003 we experienced a small amount of runoff into a field ditch beside the incinerator at S3. The runoff occurred as a result of a low, compacted area near the edge of the field in which water ponded up and ran off. The puddle of waste water approximately 100 gallons was pumped out and land applied. Fresh water was then used to flush the affected area until the ditch contained only clear water. I'he ditch was flushed one additional time and the water Nvas allowed to set over night. We returned the following morning for follow-up monitoring. The water in the ditch was still clear; therefore the dam was removed to allow for natural ilow, should a rainfall event occur. This area has also been aerated in order to improve sail conditions. Tn (onnation on this occurrence was given with the same message as allove. _d 12:56 PM FAX NO, P. 03 Samples were collected for both occurrences listed above so the extent of clean- up could be observed and offered to DWQ for testing. Mr. Mathis noted that testing would not be necessary. If you have any questions please do not hesitate to contact me at (910) 299-3024, Sincerely, Jeremy D. Rill Fnvirownental Compliance Manager FORM 1RR-2 Tract # Fie,d Size (wetted acres) = (A) Farm Owner Owner's Address Otenees Phone# Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # I [eased 30.99 Premium Standard Farms of NC P.O. Box 349 Clinton NC 28328 (910 592-2104 Facilit}r Number 1397 Irrigation Operator Irrigalion Operators Address Operatar's Phone # Fram Waste Utilization Plan Crop Type Recommended PAN I%vheat Loading (lb/acre) = (B)F 50 f1) (2) (3) f4) f5) (61 (7) (a) (91 if0) fill Date (mmfddlyr) Irrigation . Waste Analysis PANG (lb/1000 gal) PAN Applied (Iblacre) 9 x 9 1000 Nitrogen Balance^ (lb/acre) M - 00) Start Time End Time Total Minutes (3) - (2) i1 of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (galfacre) (7)1(A) B- 50 01/09102 1:00 PNI 5:00 Ph4 240 1 241 57,840 1,866 1.4 2.61 47.39 01/10/02 9:15 AM 10.00 AM 45 1 213 9,810 317 1.4 0.4-4 46.94 01/10102 10*00AM 2:00 PM 240 1 217 52,080 11681 1.6 2.69 44.25 01/14/02 12:00 PM 4:00 PM 240 1 218 52,320 1,688 1.6 2.70 41,55 01/21/02 10:30 AM 1:30 PM 180 1 237 42,660 1,377 1.6 2.20 39.35 0112-1/02 1:45 PM 2A5 Phi 60 1 237 14,220 459 1.6 0.73 38.62 Owner's Signature Operator's Signature Certified Operator (Print) Operator Certification e -v 0 .w j WATF'TQ r, Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 21, 2003 CERTIFIED MAIL 9 7002 1000 0005 6492 0053 RETURN RECEIPT REQUESTED Premium Standard Farms of North Carolina, Inc. S-3 / SA P.O. Box 349 Clinton, NC 28328 Attn: David H. James Subject: Notice of Violation and Recommendation for Enforcement S-3 / S-4 Facility Number: 31-397 Duplin County Dear Mr. James: Alan W_ Klimek, P.E. Director Division of Water Quality This is to notify you of violations of North Carolina General Statute 143-215.1 and Swine Waste General Permit A WG 100000. On January 10, 2003 at 6:00 p.m., Mr. Jeremy Hill of Premium Standard Farms left a voice mail for Mr. Stonewall Mathis of this office reporting that animal waste runoff had discharged into a ditch at S-3 / S4 during the late afternoon of January 9, 2003. Upon further inquiry, it was discovered that the discharge of animal waste occurred into an unnamed tributary of Doctors Creek. Doctors Creek is class C Sw waters of the State within the Cape Fear River basin. This is a violation of N.C.G.S. 143-215.1 that requires that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. Also, upon further inquiry, Mr. Hill told Mr. Mathis that the discharge of animal waste into the unnamed tributary of Doctors Creek had occurred around 4:30 p.m. or 5:00 p.m. on January 9, 2003. As stated previously, the report of the discharge was made at 6:00 p.m- on January 10, 2003. This is a violation of Condition 1I1. 6 of the General Permit that states that the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of runoff entering surface waters. Also, since the report was made after normal business hours, it should have been made to the Division of Emergency Management at 1-800-. 858-0368. In response to these violations, a detailed Plan of Action must be submitted to this office. This Plan of Action must include the following: a. The individual violations. b. A description of the actions taken to stop the violations. C. A description of the actions taken to prevent the recurrence of the violations. d. A list showing the dates for the accomplishment of these actions. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service* Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENR David H_ James Premium Standard Farms of North Carolina, Inc. S-3 / S-4 January 21, 2003 Page Two The proposed written Plan of Action must be received by this office within fifteen days of your receipt of this notice. 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 he 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 $10,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). If you have an explanation for these violations that you wish to present, please submit your written response along with the Plan of Action. Your response will be forwarded to the Director along with the enforcemcnt package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including assessment of civil penalties, injunctive relief, and permit revocatioil. If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation District John College, DSWC-WiRO DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 31-397 S:IWQSIANIMALSIDUPLIN12003131-397novrfe2 rr FEB-07-2003 FRI 05:55 PH PSF OF NC, ■ I■■'■" INC FAX NO. 9102993016 P. O. Sox 349 Clinton, NC 28329 Phone: 910-592-2104 Fax: 910-299-3016 FAX COVER SHEET DATE: .21-710 3 TME: TO: �j, �cK S h��er FAX COMPANY: PHONE: FROM: :,P EXr: RE Number of pages including cover shect: P. 01 MESSAGE —Tlv Q)owv j le)4" -o "i, ci�Jlo►�t f�c-NWIRF-C. We't cjov ';;Pn �%-tzsi, res�,.,.r din �+�.h, _��t y Rzr`�c.6 me aV (qiO� Aq9 - 30zL/ Cr (� )o) 95o_ W ob . -<Wr11.5 , k'110 T1-25 FAX COI, v . C--%TON IS L'ti aNDEa ONLY FOR ME LSE OF THE IMWIDL:.9i TO WHOM IT IS ADDRESSED kN- D MAY CONTAIN D4FORMAi70N THAT S PROPRIE-d.RY, CONME,zhAL OR PRIVILGM. IF YOU ..RE NOT IHE INTENDED REQPIENr (OR AN EMPLOYEE OR AGENT RE.SPONSEU x FOR DELV£RING TEES C0%04MC_1TT0N TO TINE INI NrF-D REt�".E?�'P,. YCU .xRE I'IERESY NOMMD THAT AN'Y DIS5EMINA-110N, =I-RIB[,'ITON, OR COPYING OF THIS CCMMU,%1CkM0N I5 5n UC r..Y I)WHMI :ED. 7HANX YOU %B-07-2003 FRI 05:55 PM PSF OF NC, INC FAX NO. 9102993016 P. 03 PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. P .0. BO \ 3 49 r 1.1 NTO N, N C 2 R 3 29�-63 49 PITON E: 91D- 5 9 2 - 2 1 0 4 F A X: 9 1 0- 2 9 9- 3 U 1 G February 5, 2003 -- Rick Shiver Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Plan of action letter concerning the NOVI Rec. for enforcement for S3/S4, facility number 31-397. Dear Mr. Shiver, This letter is in response to the Notice of Violation and Recommendation for Enforcement letter, dated January 21, 2003, your office sent out regarding the spill of approximately 50 gallons that entered the unnamed tributary to Doctors Creek on January 9, 2003. The letter states `upon further inquiry, it was discovered that the discharge of animal waste occurred into an unnamed tributary of Doctors Creek" and "upon fiuther inquiry, Mr. Hill told Mr. Mathis that the discharge of animal waste had occurred around 4:30 p.m. or 5:00 p.m. on -January 9, 2003. The phrase "upon further inquiry" has a negative connotation that needs to be clarified. The message that was left for Mr. Mathis and also the phone conversation he and I had prior to his arrival, made the situation on the farm quite clear. 'Mr. Mathis has been to this farm on numerous occasions and there was no question as to where the discharge had occurred. Secondly, it was 6:00 p.m. when the message was left on Mr. Mathis' phone. I was notified of the problem between 4:30 and 5:00, at which time containment of the discharge was established, but verification and clean-up started between 6:00 and 6:30 as stated in the notification letter. Furthermore, as stated in the notification letter, the reason for not notifying in a timelier manner was because we had no cell phone signal and phone lines on the farm are set-up for local calling only. If a call could have been made it would have been in the form of a message to your office and not the 800 line. There are two reasons for not calling the 800 line: 1) 50 gallons that have been contained and are being pumped out does not warrant an emergency- 2) When a message is left with the 800 number and your office, it usually makes the impression that there have been two spills, which only adds confusion to a situation that was not an emergency to start with. Normally, we don't make such an issue over something as minute as a 30 minute time frame, however, as Mr. Mathis pointed out, there has to be a cut off at some point. Therefore, if this time frame is absolutely black and white with the absence of flexible judgment I feel it is my duty to at least provide all the details of the event- ,c9-07-2003 FRI 05:55 PM PSF OF NC, INC FAX NO, 9102993016 P. 02 letter: The following is a break -down of the requested information as referred to in your a) Violation: Discharge into unnamed tributaryof Doctors Creek. b) The water was contained using a slide -gate which is closed during land application events. All the water was then reclaimed from the ditch and the ditch was allowed to flush until all waters in the ditch were clear. Samples were pulled and offered to DWQ for testing. Mr. Mathis stated that the clean- up efforts were completed in a proper manner and that sending the samples to the lab would not be necessary. c) A slide -gate has been installed near the property line to keep any discharge from leaving the property. In addition a second slide -gate has been installed in the field ditch which will prevent any wastewater from entering the unnamed tributary which is a result of a ruptured line. All fields to receive irrigation have been subsoiled and aerated to help break-up the hard pan conditions, reduce the likelihood of ponding in low areas and allow for faster drying of soil. The ring -size of the guns has been decreased and the retract speed has been increased in order to lower the rate of application. d) All of the above mentioned action items were completed prior to the arrival of the NOV and Recommendation for Enforcement setter your office issued _ dated January 21, 2003. a) Violation: Failure to report within 24 hours of a discharge. b) As stated in the notification letter, dated January 16, 2003, several attempts were made to contact your office both that night and the following morning. The cell phone coverage on this farm is poor to nonexistent and I was unable to make contact with your office. The farm phones are set-up for local calling only. The 800 number was not called because we felt that this was not an emergency situation. The discharge was cleaned up and flushed before we left the farm that evening. c) In the future, calls will be made to your office and a message will be left, even if it means driving to an area where phone reception is clear. If discharges occur after hours (emergency or non) the emergency hotline will be contacted in addition to your office. If you have any questions please do not hesitate to contact me at (910) 299-3024. Sincerely, Jeremy D. Hill. Environmental Compliance Manager w AJ a, --I- O `< Michael F. Easley, Governor William r_- pose jr., cec�au„• North Carolina Department of Environment and Natural Resources February 18, 2003 Premium Standard Farms of North Carolina, Inc. S-3 / S-4 P.O. Box 349 Clinton, NC 28329 Attn: Jeremy Hill Subject: Response to your letter dated February 5, 2003 S-3 / S-4 Facility Number: 31-397 Duplin County Dear Mr. Hill: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your letter dated February 5, 2003 regarding the Notice of Violation and Recommendation for Enforcement issued on January 21, 2003 for the January 9, 2003 discharge and failure to report within 24 hours. I would like to take this opportunity to address several items from your letter. You say in your letter that the phrase "upon further inquiry" that is used in the NOV/RFE has a negative connotation that needs to be clari:,ed. You next say that the message that was left for me and the phone conversation that you and I had prior to my arrival on the farm on January 13, 2003 made the situation on the farm quiet clear. While the phone conversation that you and I had prior to my arrival on the farm did clarify the situation, the message that you left for me at 6:00 p.m. on January 10, 2003 did not provide the same clarity. In the message that you left for me on January 10, 2003, you referred to the unnamed tributary to Doctors Creek adjacent to the S-3 lagoon as a field ditch, as has often been the case in our previous conversations. I have often pointed out that what you calla held ditch, in this case, is an unnamed tributary. to Doctors Creek. At one point, in response to a request from you, I sent you a copy of the section of the USGS map with the farm Iocation as well as a map of the farm from our permit file. On these maps I highlighted key features on each to aid in your observations to determine that the referenced water body is indeed an unnamed tributary to Doctors Creek. When I got your message in which you referred to this water body as a field ditch, I believed from other statements you made about the Iocation of the discharge that you were referring to the unnamed tributary to Doctors Creek, however, it was not clear. Therefore, in the phone conversation that we had prior to my arrival on the farm, I inquired further as to if the water body that you had referred to as a field ditch was the unnamed tributary to Doctors Creek. You then confirmed that it was the unnamed tributary to Doctors Creek into which the discharge had occurred. The phrase "upon further inquiry" does not denote a negative connotation here. In this case, the message that you left for me was not entirely clear. It was necessary for me to inquire further to gain clarity. Therefore, it seems that "upon further inquiry" is appropriate. I would like to further say that I am not suggesting that you should not use the term field ditch if that is what you are inclined to use. However, it may be necessary for me, as in this case, to inquire further to gain clarity. ax N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer service �� Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 +y�-�E 7 Jeremy Hill Premium Standard Farms of North Carolina, Inc. S-3 / S-4 February 18, 2003 Page Two Continuing with my discussion about the phrase "upon further inquiry", in the message that you left for me at 6:00 p.m. on January 10, 2003, you said that the discharge had occurred in the late afternoon of January 9, 2003. You did not specify a time so it was not clear at what time the discharge occurred. During our phone conversation on January 13, 2003 before my arrival at the farm, I inquired as to the specific time that the discharge occurred to which you responded that it had occurred around 4:30 p.m. to 5:00 p.m. Again, the phrase "upon further inquiry" does not denote a negative connotation here. In this case, the message that you left for me was not clear about the specific time. It was necessary for me to inquire further to gain clarity. Therefore, it seems that "upon further inquiry" is appropriate. Also in your letter, you say that you were notified of the problem between 4:30 and 5:00 but verification and clean up was started between 6:00 and 6:30. The permit requires notification "as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence.".As stated, you were notified of the discharge between 4:30 p.m. and 5:00 p.m. on January 9, 2003, but a message was left at 6:00 p.m. on January 10, 2003 more than 24 hours following first knowledge of the occurrence, and that is in violation of -the permit. It seems toward the end of your letter that you draw attention to what apparently seems to you to be a narrow time frame for having missed the reporting requirement of 24. hours. However, the permit does state that our office should be notified "as soon as possible." Pr_:mium Standard Farms had the entire business day of January 10, 2003 to notify our office of the discharge, but no notification was made until after business hours were completed for the day. It does not seem that this is as soon as possible; it seems that a representative of Premium Standard Farms could have made a phone call to our office at some point during business hours to notify of the discharge. You reference lack of cell phone signal at the farm and phone Iines being set-up on the farm for local calling only as reasons for the failure to notify in a timely manner. Certainly, a Iack of cell phone signal is understandable in some areas. However, as you and I discussed during our meeting at the farm on January 13, 2003, a phone call could have been placed from the farm office to your office using the 800 number for your company. Someone at your office could have then been instructed to make the necessary notification to our office during business hours. You go on to say that the 800 number for emergency notification was not used for two reasons. You did not consider the situation to warrant an emergency, and you did not want to create confusion as to if there had been two spills by calling both our office and the emergency number. First, you should consider that any situation that requires notification to our office in accordance with the permit is an emergency. That being the case, if notification is made after normal business hours, you should leave a message at our office and report the incident through the emergency 800 number, which you say in your letter is now your plan. The situation being discussed required notification to our office because there was a runoff of animal waste into surface waters. Secondly, I appreciate your consideration for not wanting to create the potential for confusion by calling both numbers. However, if confusion is created about the situation at the farm due to the two phone calls, we can contact you for clarification; it is more important that we be notified in a timely manner. I would also like to point out that the message notifying of the discharge was left on a Friday at 6:00 p.m. By notifying after normal business hours at the' end of the business week, and by not notifying through the emergency number, a situation was created whereby more than three days elapsed between the time the discharge occurred and the time your Jeremy Hill Premium Standard Farms of North Carolina, Inc. S-3 / S-4 February 18, 2003 Page Three notification was affected. This created a situation whereby Division staff was not provided notice that allowed for a timely investigation of the discharge possibly preventing staff from making determinations about water quality effects resultant from the discharge. You did, as you say in your letter, pull samples and offer them to me for testing purposes, and I did not accept the samples. You say in your letter that I stated clean-up efforts were completed in a proper manner and that sending the samples to the lab would not be necessary. Your statement suggests that because it appeared to me that the clean-up efforts were completed in a proper manner that the analysis of samples was rendered unnecessary. This is not the case. I did not accept the samples because the analysis results from your samples would not have had validity for my purposes. I did not know if you followed proper sampling procedure, it is unlikely that the samples were properly preserved, and at the time I would have received the samples from you, they would not have met the required holding times. Again, if this office had been notified in a timely fashion, Division staff could have performed the necessary investigation to include collection and analysis of the appropriate samples to obtain credible results. The reporting requirement exists so that the Division is notified in a timely fashion to be able to determine and execute the necessary investigation. I thank you again for your correspondence. I hope that this letter has provided some insight into your concerns about the Notice of Violation and Recommendation for Enforcement. If you have any questions concerning this letter, please do not hesitate to call me. Sincerely, Stonewall Mathis Environmental Engineer I cc: DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 31-397 S:1WQSIANIMALSIDUPLIM,200313 I-397novrferesponsel Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form DWQ Facility Number Farm Name Owner First Name Owner Last Name Source Breached Depopulated Overflowed Ln Issue PermissionToPump Inundated Flooded Pumping Equipment Comments S-31 S-4 Premium Standard Farms of North Carolina, O Reporting 0 Complaint Inches 10 Yes 0 No 0 Yes O No 0-Yes 0 No O Yes 0 No 0 Yes 0 No 0 Yes ONO JO Yes O No O Yes ONO Date 3/10/2003 Time :30 pm Control Number 1899 Plan Due Date Date Plan Date Freeboara (? equals blank) Received Level OK Freeboard Lagoonl ? Freeboard Lagoonl ? Freeboard Lagoon3 ? Freeboard Lagoon4 ? Freeboard �� Lagaon5 !_- J ? Freeboard Lageon6 ? 1r_ tail!_repnrted_thaf.at_arourid- 2.3i0 _pm-today_while irrigation_was_occurriog._tbe astern.IQ.st_prassuire_.and_the.punap. shut _down...Mr..Hill. indi.dated..#bat.the..irragator_.. _.. _... amediately.RDe illefe. was..a.�?eund.that.an.mnd.eramund1i.ne. ad "blown" and waste was seeping out of the ground near the S-4 lagoon. The waste ischarge�dntla _a.atQrm diver-sl n_aDd th-ert disrbarged into an.unname_d_tcibutary tQ _... I.oQtQ rs.. reek.tha t..runs..aJ.o.ng..the..baiek. side..Qf..the..lago.Qn s.,....Mr...Hill. said..that..they..had. Qn# En�d.th.. waste..spill. Y.ciQsin9.1h.e..9a.te YMvg1hat.says...... )at -an waste.lekfhe_pro ae.rty._-Mr.Egi-said_that trash-prrm# a-wereb-eing.usadtct----. amsa .the.liquid.baQk.inJ`a.t�ie..lagaQxts....M.r...Hill.said_tbet_ttie..Rurr�pirag.xveuld _QQnti�nl�e_... null.the_►�r�l<�.wa.remaved.frQm.fh .trem.:..Mr..._Hill'.fnitil.estimafe.4t.the..spi11►_►�c�s .QAQ.tQ.2,AQ4. gallan,s,..He. s.aid..thak.tlae.eause.of.the.."Blown".iine.was. al.rubber.. seal.... ad rolled and. ereates� _th.e.breaQh_in _th�e_line� _Mr,_ Hill_s�aidha! v�ill fallQr�_up_v�ritb.;a_lette� ...................................................................................... . . - - . . ] MnR-18-2003 10:01 AM P.01 1premium SUMLMI! 1-didoell—Q--i P. O. Box 349 623 Southeast Blvd Clinton, NC 28329 Phone: 910-592-2104 Fax: 910-299-3016 FAX COVER SHEET DATE: jql 0.1 TIME: TO: -3NQrj 'a- Moi,811, 3 FAX: .350-40r-W COMPANY: PHONE: FROM: EXT: RE: Number of pages including cover sheet: A MESSAGE you SO a ow"'.v O"W-*-X %'\'f M( C, ZkU k/101,4 YNA j- �r'b -A Jk, hIOWS IWA� T hA%M AICI� �OZI-b C,18 Knoo \A,, v6(t rnry1l (,tr evvWr- TiJ 6,41 OL& fy'tndey )Qk� L-illk (,�Vf YW 4 C'NZ 7%&R. C-)b^Nr Inr4r YINA J ::r K� Y%k �YS qff )D%Oy o� 7jus r.A% n—% is IN i i. X L) AN� -'-� NTAL, i I. ; A A ry —k F_ ww,'. w.m2r,' TI L\Nri'1*01 DIMMIMO.N.; IR I.oPYIN 'PTI 117, ",'1. 1 :01 AM PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. P.0 H 0 X 349 CLINTON. tit: IR329.c►349 P11{)N1i: 9141•592-2104 l'AX: 01U-2911-3016 March 12, 2003 Stonewall Mathis Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Discharge notification letter for S31S4, facility number 31-397. Dear Mr. Mathis, This letter is to serve as written notification for the wastewater that discharged into a waterway and entered a ditch, which turns into an unnamed tributary of Doctors Creek, on March 10, 2003. The release occurred at 2:30 pm and totaled approximately 1,500 gallons. The release was a result of an underground line rupture that occurred during land application. The rupture was caused when an underground joint expanded and allowed the rubber gasket to blow out. The loss in pressure activated the kill switch on the pump which immediately shutdown the pump. The land application supervisor began an immediate survey of the line, starting with the above ground section, the area most likely to have immediate runoff_ The above ground aluminum section had no leaks; therefore, the survey was continued to the underground system, On the end of the line there was a tee joint that had blown one of the gaskets. W astcwater had surfaced and traveled down the waterway nearing a ditch which turns into an unnamed tributary of Doctors Creek. An attempt was made to keep the water from entering the ditch using a bucket tractor, but water began entering the ditch before the tractor could be brought from S3. A hole was dug and a darn was created using the tractor to prevent additional water from entering the ditch. The supervisor then went to close the slide -gate at the property line to prevent the wastewater that had entered the ditch from leaving company property. The waste water was retrieved from the hole and unnamed tributary using two- inch trash pumps. The area was allowed to flush with the water that was flowing as a result of past rains and natural springs. All water was pumped back to lagoons S3 and S4. DWQ was contacted and updated on the occurrence. Due to limited staff and health issues on the farm, an inspector froin DwQ was not able to go on the farm to observe the discharge. Mr- Mathis instructed us to use our clean-up procedures in the same manner and to the same degree that we have in the past. In addition we sent a press release to Duplin County media, as required by North Carolina Statutes Article 21 Chapter 143.215.C. The underground line was excavated and the tee joint and gaskets were replaced. The concrete thrust block, which is designed to keep the line from shifting as it is pressuri7.cd, had moved back a few inches. This allowed the ripe joint to expand which P.O:2 9-2003 N' eventually led to the gasket being blown out. A new thrust block was poured and the line was replaced. 10:02 art If you have any questions, please do not hesitate to contact me at (910) 299-3024. Sincerely, Jeremy D. Hill Environmental Compliance Manager P. 03 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 April 10, 2003 CERTIFIED MAIL # 7002 0460 0000 4340 3993 RETURN RECEIPT REOUESTE Premium Standard Farms of North Carolina, Inc. S-3 / S-4 P.O. Box 349 Clinton, NC 2 83 29 Attn: David H. James Subject: Notice of Violation and Recommendation for Enforcement S-3 / S-4 Facility Number: 31-397 Duplin County Dear Mr. lames: This is to notify you of violations of North Carolina General Statute 143-215.1 and Swine Waste General Permit AWG i 00000. On December 30, 2002, during land application of animal waste, animal waste entered a drain the and discharged into a field ditch at the referenced facility. This is a violation of Condition 1. 1 of the General Permit that states in part "The animal waste collection, treatment, storage and application system permitted under this pennit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." During inspections that were conducted on January 13, 2003 and January 16, 2003, Division staff observed animal waste ponding in the application field. These are violations of Condition H. 4 of the General Permit that states "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." The CAWMP states that no ponding should occur. On February 27, 2003, animal waste discharged from a swine confinement house into a stormwater diversion due to the discharge line that connects the swine house to the lagoon being plugged. This is a violation of Condition 11. 1 of the General Permit that states "The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated." On March 10, 2003, animal waste discharged into an unnamed tributary of Doctors Creek resultant from an irrigation system line rupture that occurred during land application of waste. Doctors Creek is class C Sw waters of the State within the Cape Fear River basin. This is a violation of N.C.G.S. 143-215.1 that requires that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. 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 1 800 623-7748 A NCDE—NA David H. James Premium Standard Farms of North Carolina, Inc. S-3 / S-4 April 10, 2003 Page Three If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall Mathis at 910-395-3900 ext. 203 or Mr. Steve Lewis at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC-WiRO Jeremy Hill, Premium Standard Farms DWQ Central Files DWQ Non -Discharge Compliance/Enforcement Unit Wilmington Files 31-397 S:\WQS\ANINlALSIDUPLFN\2003\31-397novrfe3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director E:CF Iv r. JUN 12 2001 BY: June 4, 2001 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRcEs PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. S'3/S-4 P.O. BOX 349 CLINTON NC 28328 ATTN: DAVID H. JAMES Subject: Certificate of Coverage No. AWS310397 S-3 / S-4 Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear David H. James: In accordance with your Notification of Change of Ownership received on May 4, 2001, we are forwarding this Certificate of Coverage (COC) issued to Premium Standard Farms of North Carolina, Inc., 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 S-3 / S- 4, located in Duplin County, with ananimal capacity of no greater than 2000 Farrow to Wean and 1250 Farrow to Feeder and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void Certificate of Coverage Number AWS310397 dated June 26, 1998, and shall be subject to the conditions and Iimitations as specified therein. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. 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. 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 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CONMSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE OPERATION GENERAL PERMIT This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certificates of Coverage (COC) under this permit shall comply with the following specified conditions .and limitations: --- I. PERFORMANCE STANDARDS 1. 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. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (MRCS) Standards. Facilities which are in compliance with their .CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. 2. The CAWMP is hereby incorporated by reference into this general permit. New or expanding farms are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWMP shall be considered a violation of this general permit and subject to enforcement actions. A violation of the General Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These actions may include modifying the CAWMP, ceasing land application of waste, or removing animals from the farm. 3. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued. , 4. A copy of this General Permit, COC, certification forms, lessee and landowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 5. For all new - and expanding operations, no collection or 'storage facilities may be f' constructed in a 100-year flood plain. f 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to lagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition Il (4). III. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, `and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications; no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. Q e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in Condition V (3) of this General Permit. f. Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after ' normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. INSPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in.accordance with reasonable and appropriate biosecurity measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this hermit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain "samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GENERAL CONDITIONS L The issuance of a COC under this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground waters resulting from the animal operation. 2. The Permittee shall designate a certified animal waste management system operator to be in charge (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. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard. In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without,an outside drainage area. In the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest lagoon/storage pond in the system. However; adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. F 11. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. , ector . Division of Water Quality By Authority of the Environmental Management Commission Swine Waste General Permit. Number AWG100000 7 sil ogo Sf�1 dio 1.16rJf+ f�i7 ` I L rl f+ `t C2 i -J �J 4, A C!y 4�. [enirochem CONSULTING CHEMIST'S r� . Arr�ronl- FRZ-2M.- 5fJa EGT- V�A =AC511`71LE- Environmental Chemists, Inc. 6607 `uindmAl Wav • Wilmington. North C-'rolind _3405 ;9107 :92U--(Lab) • 19 Wl 39�-t is-,1F,m' C ;he-m W OO CO::_C(n ,NCDENR-- DWQ CERTnCATE ;t0_4. DI-S CERTIHCATE #37729 Se�ember 5, 1DGG NGDI✓,N R-LOWa i`-'like Wiidicr,rs Lew Hicks Ar.drocoi Laboratory Services 290 •350• 2GC4 Fecal iroliform or sampies received: r" orday - Thursday, nor,-zl hours till 5 ,m l" lordcy - "t hursdcy, cut5ide normal Tours Friday, requiring weekend work Scturday and Sunday BODs, far samples received: Wednesday - Friday Morlcay and Tuesday, requiring weekend wcrk Ammonia TKN Nitrate + Nitrite Total PI-csphours ;" os-r all metals "ercury 515.0Dea 52D.DDec S3D.00ea 536.DDeo �s1�.GDec �30.DDecl 5i4.DQec 518.DOea 516.ODe❑ 66.DGeo 515.DDac S2D.00ec ZO-d tpzvt Z6E QE6 Weq-_>O.,iinu3 dVZ=ZO ZO-OE-6nb I NSi;ZJ:7q DNS: i. Issue xc eat+, d!;Ver or pe:manentiv assigned vehic;e.I — ,' a- J ive< manes [n!rir in" B. A* en o; ea:i' rn.Dwh: Sen.".' wilire and Vella- cOa.[s 16 aaen'_V buopet offi[er, pink cagy stays in vahicle- L. Apenlr budzet Officer sen7s white copy to Motor Fieet Management. $. 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