HomeMy WebLinkAbout310407_HISTORICAL_20171231NORTH CAROLINA
Department of Envimnmental Qual
WASTE.-""'%J'*r1L1Z-AT10N: I
PRODUCER: JBJ Kilpatrick Farm YO-7
LOCATION: 1650 S. NC 50
Magnolia, NC
TELEPHONE: (910) 296 0501
TYPE OPERATION: Farrow - wean
OR 0
NUMBER OF ANIMALS: 2000
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent �pollufion
of surface and/or groundwater. The'plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste is
to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be
analyzed before each application cycle. Annual soil tests are strongly encouraged so that all
plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when it
is raining, or when the surface is frozen. Either of these.conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and.to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the
waste or disking will conserve nutrients and reduce odor problems.
The estimated acres needed to appl y the animal waste is based on typical nutrient content for
this type of -facility. Acreage requirements should be based on the waste analysis report from-.
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to.the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
RECEIVED / DENR / UVVQ
Aquifer Protertion Rs?djon
Page 2 MAR 3 0 2009
ZA
WASTE P, LA N
-ION:
WILI T
Amount of Waste Produced Per Year (gallons ft. tons, etc.)
2,000 animals X 6.1 (tons) wastelanimal/year = 12,200 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
2,000 animals X 5.4 tbs. PAN/animal/year 10,800 tbs. PAN/year. (PAN from N.C.
duide Std. 633) - Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and
surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field* Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Aoolication
IT4288
C
AuB
Bermuda(G)
236
32.52
7642.2
March - Sept.
'—T4-288
C
AuB
Small Grain
50
32.52
1626
Sept. - April
T4288
B
NoA
Bermuda(G)
260
21.15
5499
March - Sept.
T4288
B
NoA
Small Grain
50
21.15
1057.5
Sept. -April
OPTIONAL
T4288
A
NoA
Bermuda(G)
260
15.81
4110.6
March - Sept.
T4288
NoA
Small Grain
50
15.81
790.5
Seet. - Aeril
Total
—5
3.67
15,824.701
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must be based on realistic yield expectation.
NOTE. The applicator is cautioned that P and K may be over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients -
This plan only addresses Nitrogen.
Page 2
See footnote for Table 1.
ype Per Acre Utilized Application
Totals from above Tables
Acres Lbs. N
Utilized
Table 1
53.67
15,825
Table 2
0.00
-
Total
53.67
15,825
Amount of N Produced
10,800
Surplus or Deficit
(5,025)
NOTE. The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3
"'WASTE-UTILIZATI UP N'-""---
0 LA
See attached map showing the fields to be used for the utilization of waste water.
Field Soil Type
No.
Application of Waste by Irrigation
Crop Application Application
Rate (In/Hr) Amount (In.)
A
AuB
Bermuda
0.6
.5-1
a
NoA
Bermuda
.5-1
C
NoA
Bermuda
0.5
.5-1
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE
WILL BE NEEDED FOR DRY LITTER OR SLURRY.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon desig .
Call the local Natural Resources Conservabon Service (formerly Soil Conservatfon Service) or Soil
and Water Conservafion District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation:
Acres shown in field A and B are based on effective wetted acres of the reel for field A. and
the effective acres of pivot B and the wetted acres of 2ull 6.
Acres shown in field C based on irrigation design for center pivot installed in 2002.
Field Ns use is optional, but may be used as long as one of the crops listed is availble for
nutrient application.
Page 4
P . .....
TION
UTILI: N'_
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
-of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled r-ropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See 'Weather and Climate in North Carolina" for guidance.)
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application- No ponding should occur in order to control odor or flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5
9�IWTEAM LIZATION'R LAN. -
REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such'a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable Winter cover crop planted to take up released nutrients- Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
I I 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 shal I not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
Page 6
_'PLANJ�
.,�--,MASTEUTU
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees. shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for. obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption- However, if animal waste is used on crops for direct hurnan
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate-deterrnining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7
WASTE UTILIZATION PLAN AGREEMENT
NameofFarm: Kilpatrick arm
Owner I Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner: Baird Kilpatrick Farm
(Please pint)
Signature:
Name of Manager (If different from owner):
Date:
Signature: Date:
Name of Technical Specialist: (Piease printj Kraig A. Westerbeek
Affiliation: Private
Address (�
Signature:
Page 8
September 10, 2007
Baird John Kilpatrick
JBJ Kilpatrick Farms Inc
1650 NC 50 S
Magnolia, NC 28453
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
1P
SE�
Coleen H. Sullins Director
Division of Water Quality
Subject: Sludge Survey Testing Dates
Certificate of Coverage No. AWS310407
JBJ Kilpatrick Farms Inc
31-q67 Animal Waste Management System
Duplin County
Dear Baird John Kilpatrick:
The Division of Water Quality (Division) received your sludge survey information on August 30,
2007. With the survey results, you requested an extensidn of the sludge survey requirement for
the lagoon at the JBJ Kilpatrick Farms Inc facility not to be required until 2009. Due to the
amounts of treatment volume available, the Division agrees that a sludge survey is not needed
until 2009. The results of the 2009 sludge survey are to be submitted by March 1, 2010.
Thank you for your attention to this matter. If you have any questions, please call me at (919)
715-6937.
Sincerely,
Miressa D. Garoma
Soil Scientist
cc: Wilmington Regional Office, Aquifer Protection Section
Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: ww-w.ncwa ergua&.ofg Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opporbin4fAffirmafive Acton Employer— 50% RMcled!10% Post Consumer Paper
Telephone:
Fax 1:
Fax 2:
Customer Service:
t o
ai Carolina
Wulrallil
(919) 733-3221
(919) 715-0588
(919) 715-6048
(977) 623-6748
NNA7,
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0 Niii� -�,,
Baird Kilpatrick and John Kilpatrick, Sr.
JBJ Kilpatrick Farms Inc
I I I S. Country Club Dr
Kenansville NC 28349
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 1, 2003
.: Dear Baird Kilpatrick and John Kilpatrick, Sr.-.
Alan W. Klimek, P. E.4 Director
Division of Water Quality
Subject: Certificate of Coverage No. AWS310407
JBJ Kilpatrick Farms Inc
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division) to extend the expiration date of the Swine Waste Operation General
Permit AWGIOOOOO. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004. During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on February 5, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Baird
Kilpatrick and John Kilpatrick, Sr., authorizing the operation of the subject animal waste collection,
treatment, storage and land application system in accordance with General Permit AWG100000. The
issuance of this COC supercedes and terminates your previous COC Number AWS310407 which expired
on April 30, 2003.
This approval shall consist of the operation of this. system including, but not limited to, the management
of animal waste from the JBJ Kilpatrick Farm Inc, located in Duplin County, with an animal capacity of
no greater than an annual average of 2000 FarTow to Wean swine and the application to land as specified
in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWNT and
this COC and must be comp] eted prior to actual increase in either wastewater flow or number of animals.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to te
-under this Rgrmit convey any prol2erty rights in either real or personal Rrol2erty.
RMENR
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
Intemel httpJ/h2o.enr.state-ne.us/ndpu
Telephone (919)733-5083 Fax (919)715-6048
Telephone 1-877-623-6748
50% recycl9d/10% post -consumer paper
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon or any wetted area of a spray field -
Please be advised that any violation of the terms and conditions specified in this COC, the General Perrnit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must �e filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Wihnington Regional Office. The Regional Office
Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning
this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502.
Sincerely,
. i--�le —/
for. Alan W. Klimek, P.E.
Enclosures (General Pennit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Wilmington Regional Office, Water Quality Section
Duplin County Health Department
Duplin County Soil and Water Conservation District
Permit File AWS310407
NDPU Files
- " �Taj
M' -V
PRODUCER: JBJ lQlpatrick Farm
LOCATION: 1650 S. NC 50
Magnolia, NC
TELEPHONE, (910) 296 0501
TYPE OPERATION: Farrow - wean
NUMBER OF ANIMALS: 2000
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent p ' blMon
of surface and/or groundwater. The plant nutrients in the animal waste should be. used:to
reduce the amount of commercial fertilizer required for the crops in the fields, where'the waste
is to be applied. This waste utilization plan uses nibr"n as the limiting nutient Waste
should be analyzed before each application cycle. Annual soil tests are strohgl y- 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 mwdmize
the fertilizer value of the waste and to ensure that it is applied in an environmentafly safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special p, i ons, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when
it is raining, or when the surface is frozen. Either of these conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To ma)dmize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the
waste or disking will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on typical nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out meets the requirements for compliance with 15A
NCAC 2H.0217 adopted by the EnvironmenteA Management Commission.
page I
WASTE UTILIZATIONPLAN
Anunt 0 Wpge PMO ed Per Year (gallons, ft. IqM. p1q.)
_4r,_
2,000 animals X 6-11 (tons) waste/animallyear 12,200 Qons) waste/year,
Amount of Plant Available N"en (PAN) Produoed Per Year
2,000 animals X 5
,4 lbs. PAN/animaL/year 10,800 IbS. PAN/year. (PAN from N.C.
Guide Std. 633) - Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and
surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Fielcr soil Crop Lbs. N Acres Lbs. N Month of
# No. Twe Per Acre Utilized Awfication
T4288
A
AUB
Bermuda(G)
2351-
7-2.80
5358
March - Sept.
T4288
A
AuB
Small Grain
50
22.80
1140
Sept. - April
T4288
B
NoA
Beffnuda(p)
260
31.73
8249.8
March - Sell
T4288
B
NoA
Small Grain
50
31.73
1586.5
Sept. - April
OPTIONAL
T4288
C
NoA
Com
130
32.52
4227.6
March - July
T4288
C
NoA
Soybeans
130
32.52
4227.6:
June - Sept.
T4288
C
NoA
Wheat
144
32.52
4682.88
Sept. - ALM
Total 1 54.531 10,334.30
*This N Is ftm animal waste only. N nutrients from other sources $uch as commermal fortifter are
applied, they mug be accounted for. M Egg ft &§Md_ 0 reaftffc YfWd expectation.
NOTE., 71he applicator Ls cautioned that P and K may be over applied while meedng the N
Beginning in 1996 the Coastal Zone Management Act will require lanners In some
eastern counties of North Caroline to how a nu&Ient management plan that addresses all nutrientm
This plan only addressw Nitrogen.
Page 2
-,::,,WA TILMATION-PLAN
STEW T
Table 2.- ACRES VVITH AGREEMENT OR LONG TERM LEASE
(Agrement with adjaca huxiowner must be atbwbW)
lRequired only if aperdw does not own adequaft land
[see Required specification 2])
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre* Utilized Application
* See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
Utilized
Table 1
54.53
16,334
Table 2
0.00
-
Total
54.53
16,334
Amount of N Produced
10,800
Surplus or Deficit
(5, § N -
NOTE The Waste (16ftation Plan must contWn provisions for periodic land appfta*m of zkWge at
agronomic raft& rho shmW wX be nutrkw rich and w-H require precaubomW Ppeasures to prevent over
awfkadon of rtutrient or odw elemmwts.
Page 3
WASTEUTILVAT A
See affached niap showfng the flelds to be Losed 1br the ublizatton of waste water.
Field Soil Type
Kin
Application of Waste by Irrigation
Crop Application Application
Rate fln/Hr) Amount (in.)
A
AuB
Bermuda
0.6
.5-1
B
NoA
Bermuda
0.5
.5-1
C
NoA
Row Crops
0.4
-A
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION. HOWEVER A SIMILAR TABLE WILL
BE NEEDED FOR DRY UTTER OR SLURRY.
Your facility is designed for L80 days of temporary storage and the temporary storage must
be removed on the average of once every 6 MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon -des
4cin.
Call the local Natural Resources Conservation Service (formerty Sad Conservation Service) or Soil
and Water Conservation DL4det office after you receive the waste analysis nVort for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrafive of operadon:
Acres shown in fields AA based on 75% covoge of gross field acres with a travelling gun
system
Acres shown in field C based on irrigation des!gn for center &ot installed in 2002.
Field Cs use is optional, but may be used as long as one of the crops listed is availble for
Page 4
W TE-UTILIZATIONPLAN -
AS,
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any dLwharge of waste which reaches surface water is prohibited.
2 Them must be documentation in the design folder that the producer either owns or has
an agreement for use of adequate land on which to properly apply the waste. If the
producer does not own adequate land to properly dispose of waste, he/she shall provide
a copy of an agreement with a landowner who is within a reasonable proxinatty, allowing
h1m/her the use of the land for waste applicotion. it Is the responsibility of the owner of
the facility to secure an update of the Waste Utilization Plan when there is a change in
the operation, increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be appfied to meet, but not exceed, the n"en needs for realistic
crop yields based on soil type, available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict the rate of application for
other nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre
per year providing grass fifter strips are installed where runoff leaves the field. (See
FOTG Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disiting after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal wage is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally Wed cropland. When applied to conservation tilled crops
or grassland, the waste may be broadcast provided the application does not occur during
a season prone to flooding. (See "Weather and Climate In North Carolina" for guidance.)
7 Uquid waste shall be applied at rates not to exceed the soil infiftrafion rate such that
runoff does not occur offsite or to surface waters and in a method which does not cause
drift from the site during application. No ponding. should occur In order to control odor or
flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5
..�.,WASTE.UTILIZATION�PL.-,AN;"-;
REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for saft
damage from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with
a high potential for leaching. Waste nutrient loading rates on these soils should be held
to a minimum and a suitable winter cover crop planted to take up released nutrients.
Waste shall not be applied more than 30 days prior to planting of the crop or forages
breaking dormancy.
11 Any now 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, 1095),
shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter
strips).
12
13
14
15
16
Animal waste shall not be applied closer then 100 feet to wells.
Animal waste shall not be applied ckLw than 200 feet of dwellings other than those
owned by the landowner.
Waste shall be applied in a manner not to reach other property and public right-of-ways.
Animal wage shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialistw.
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates In a
manner that course$ no runoff or drift from the site.
Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system,
Page 6
--UTILIZ J: -
W�kATE, ATTIONRLM,.
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
Qagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shruK and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Beans and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps. reels. etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spifls. A regular maintenance checklist should
be kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for
direct human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least
annually at crop sites where waste products are applied. Nitrogen shall be the rate -
determining element. Zinc and copper levels in the soil shall be monitored arwJ
alternative crop sites shall be used when them metal approach excessive levels. pH
shall be adjusted for optimum crop production and maintained. Soll and waste analysis
records shall be kept for five years. Poultry dry waste application records shall be
maintained for three (3) years. Waste application recAAs for all other waste shall be
maintained for five (5) years.
23 Dead animals will be dispimed of In a manner that meets North Carolina regulations.
Page 7
-WASTE,--,U; ILIZATIONPLAN,
WASTE UTILIMT—ION PLAN AGREEMENT
Naine of Farm: JBJ Kjlp2Lt�nck Faffns,-Inc,—
Ovmer / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a now
certification to be submitted to the Division of Environment Management (DEM) before
the rww animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the
farm office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner-
04GOSS PMO
Signatur(i::�.-- . ...... Date:
Name of Manager (if different from owner):
Signat Date:
Name of Technical Specialist: (Preaw p-ino Kraig A. Westerbeek
Affiliation: Private
Address (Agency)
signature,
1635 W. Wards Brifte Rd.
Wamaw. NC 29348
e:
Page 8
�tate 6f 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
JBJ KILPATRICK
JBJ KILPATRICK FARMS INC
1650 NC 50 SOUTH
MAGNOLIA NC 28453
Dear Mr. Kilpatrick:
to
AIA Y 0 9
May 4, 2001
9 LTI.K?FA
4
so
NEWN�l ���
SUBJECT: Acknowledgment Receipt Letter
Case # DV 00-063
Duplin County
This letter is to acknowledge receipt of your check No. 7133 in the amount of
3,364-52, received from the JBJ Kilpatrick Farms on May 4, 2001.
This payment satisfies in full the civil assessment in the amount of $3,364.52
levied against JBJ Kilpatrick Farms and this enforcement case has been closed. Payment
of these penalties in no way precludes further action by this Division for fature violations.
cc:
If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539.
Sincerely,
eff Poupart, Super -visor
Non -Discharge Compliance & Enforcement -
Wilmington Regional Office
C)
Enforcement/Compliance Files DV 00-063
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083
FAX 919715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
12
State of North Carolina
Department of Environme
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Baird Kilpatrick
J. B. J. Kilpatrick Farms, Inc.
1650 NC 50 Highway South
Magnolia, NC 28453
Dear Mr. Kilpatrick:
2 7 2000 A
NCD""ERR
NORTH CARouKA DEPAM-mENT OF
EN%qRONMENT ANO NATURAL- RzsOURCES
November 22, 2000
CERTIF�IED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
Farm #31-407
Duplin County
File No. DV 00-063
This letter transmits notice of a civil enalty assessed aaainst J_ B. J. Kilpatrick Farms,
p C�
Inc. in the amount of $4,364.52-which includes $864.52 in investigative costs. Attached is a
copy of the assessment document explaining this penalty.
0
This action was taken under the authority vested in me by delegation provided by the
I
Secretary of the Department of Environment and Natural Resources. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following: -
C
1. Submit payment of the penalty:
Payment should be made -directly to the order of the Department of
Environment and Natural Resources (do not include waiverfonn).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Alailing Address: Telephone (919) 733-5083
1617 Mail Service Center Fax (919) 733-0059
Raleiah, North Carolina 27699-1617 State Courier #52-0 1 -01
An Equal Opportunity / Affirmati-re Action EmploYer
50% recycled /10% post -consumer paper
htrp:llh2o. enr. state. nc. us
Location:
512 N. Salisbury St.
Raleigh. NC 27699-1617
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2, Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
C5 ZD
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. 14313-282. 1 (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENTR
DWQ
1617 Mail Service Center
Raleiab, North Carolina 27699-1617
0�
OR
3. Submit a written request- for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearin CF . This request must be in the form of a written
Z;
petition to the Office of Administrative Hearings and must conform to Chapter
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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 McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within jhLrty 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 asses-sments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or
Mr. Jeff Poupart at (919) 733-5083, ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: 1� -�-W-r]-,Wilrninaton Regional Super -visor w/ attachments
Z
Greer McVicker, WIRO w/ attachments
File # DV 00-063 w/ attachments -
Central Files w/ attachments
Public Information Officer w/ attachments
I
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COM[MISSION
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT WAIIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADNHNISTRATIVE HEARING AND
PERMIT NO. AWS310407 STIPULATION OF FACTS
FILE NO. DV 00-063
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of 120.
ADDRESS
TELEPHONE
SIGNATURE
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
J. B. J. KILPATRICK FARMS, 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 00-063
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, 1, Kerr T. -Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A- J_ B. J. Kilpatrick Farms, Inc. is a corporation organized and existing under the
C,
laws of the State of North Carolina. Baird F. Kilpatrick is the registered agent for
J. B. J. Kilpatrick Farms, Inc.
B. J. B. J. Kilpatrick Farms, Inc. owns and operates J. B. J. Kilpatrick Farms, a swine
operation located along NC Highway 50 in Duplin County.
Z7
C. J. B. J. Kilpatrick Farms, Inc. was reissued Certificate of Coverage AWS310407
under General Permit AWG100000 for J. B. J. Kilpatrick Farms, Inc. on June 26,
1998, effective June 26, 1998, with an expiration date of April 30, 2003. This
permit does not allow the discharge of waste to waters of the State.
r__
D. On February 10, 2000, in response to a complaint, DWQ staff inspected J. B. J.
Kilpatrick Farms, Inc. and observed a discharge of wastewater from a sprayfield
via a roadside ditch to an unnamed tributary of Stocking Head Creek, which are
Class C Sw waters of the State within the Cape Fear River Basin.
E_ J. B. J. Kilpatrick Farms, Inc. had no valid permit for the above -described activity.
F. Condition No. M. 6. f. of the General Permit requires that the perinittee shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of
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.
G. J. B_ J. Kilpatrick Farms, Inc- failed to notify DWQ of the discharge 6f wastewater
within the required 24 hours after discovery.
H. The cost to the State of the enforcement procedures in this matter totaled $864.52.
Based upon the above Findings of Fact, I make the following:
11- CONCLUSIONS OF LAW:
A. J_ B_ J. Kilpatrick Farms, Inc- is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. An unnamed tributary to Stocking Head Creek constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C�
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. J. B_ J. Kilpatrick Farms, Inc. violated Condition No. 111. 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 followincr first knowledge of the
c
occurrence of overapplying animal waste either in excess of the limits set out in
zn
the Certified Animal Waste Manacrement Plan (CAWMP) or where runoff enters
surface waters.
E. J. B. J. Kilpatrick Farms, 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 (S25,000-00) per violation may be assessed
against a person who is required but fails to apply for or to secure a permit
0�
required by G.S. 143-215. 1.
F. J. B. J. Kilpatrick Farms, 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 (S25.000.00) per violation may be assessed
against a person who fails to act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215. 1.
G. The State's enforcement costs in this matter may be assessed against J- B. J.
Kilpatrick Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-
282. 1 (b)(8).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
HI. DECISION:
Accordingly, J. B- J. Kilpatrick Farms, Inc. is hereby assessed a civil penalty of
for making an outlet to the waters of the State without a
permit as required by G.S. 143-215. 1.
S in c) a . e% en, for violating Condition No. 111. 6. L 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
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waste either in excess of the limits set out in the Cer-tified
Animal Waste Management Plan (CAWMP) or where
I
runoff enters surface waters.
S- C) 'n , -n t� TOTAL CML PENALTY, which is J-77--spercent of
the maximum penalty authorized by G.S. 143-215.6A-
S- 864.52 Enforcement costs
LN 1; -2- TOTAL AMOUTN-T DUE
As required by G.S. 143-215-6A(c), in determining the amount of the penalty I have
I
considered the factors listed in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm tothe 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 dama-e;
Z Z�
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violatoi in complying or failing to comply with programs
over which the Environmental Management Conunission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality
State of North Carolina CEIVED
Department of Environmeni MAR 13 2001
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. F�chard Burrows
Burrows and Hall
P.O. Box 816
Wallace, NC 28466
Dear Mr. Burrows:
A
EL
NCDENR
NORTH CAROLINA DEPARTmENT OP
EwIRONMENT AMD NATURAL RESOURCES
March 7, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Settlement of Civil Penalties for
Making an Outlet to Waters of the
State without a Permit
J. B. J. Kilpatrick Farms, Inc.
Farm #31-407
Duplin County
File No. DV 00-063
This letter is to confirm the that the Division of Water Quality has agreed to settle the civil
penalties and investigative costs assessed against I B. J. Kilpatrick Farms, Inc. totaling
$4,364.52 for the amount of $3,364-52. This file will be closed when payment is received.
Payment should be by check payable to "NCDENR". Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mailing Address: Telephone (919) 733-5083
1617 Mail Service Center Fax (919) 733-0059
Ralei-,h, North Carolina 27699-1617 State Courier #5 2-01 -01
An Equal Opportunity/ Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleioh, NC 27699-1617
4--
Should you have any questions, please call Mr. Steve Lewis at (919)733-5083, ext. 539.
Sincerely,
I�S: �'
Kerr T. Stevens
cc: rRick.-Shiver,-.Pil min -ton Regional Supervisor
File # DV 00-063
Central Files
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
MR RICHARD BURROWS
BURROWS AND HALL
PO BOX 816
WALLACE NC 28466
Dear Mr. Burrows:
- - _�'M V A_.�rL_X ' I
APR 2 7 2001
BY. A74
D E N R
April 20, 2001
SUBJECT: Acknowledgment Receipt Letter
Case # DV 00-063
Duplin County
This letter is to acknowledge receipt of your check No. 7133 in the amount of
C;
$3,364.52, received from the JBJ Kilpatrick Farms, Inc., on April 20, 2001.
This payment satisfies in full the civil assessment in the amount of $3,364.52
levied against JBJ Kilpatrick Farms, Inc., and this enforcement case has been closed.
Payment of these penalties in no way precludes further action by this Division for future
violations.
cc:
If you have any questions please call Steve Lewis at (919) 733�-083 ext. 539,
Sincerely
�Jeff Poupart, Super -visor
ff Pou
Non -Discharge Compliance & Enforcement
Wilmington Regional Office
Enforctment/Compliance Files DV 00-063
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083
FAX 919715-6048
An Equal Opportunfty Affirmative Action Employer 50% recycled/ 10% post -consumer paper
I e r - ,
State of North Carolina
Department of Environment
and Natural Resources
DiN,ision of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Baird Kilpatrick
JBJ Kilpatrick Farras Inc.
1650 NC 50 South
Marynolia, NC 28453
Dear Mr. Kilpatrick:
NCDENii
Ncwrn-i CAROLINA DEPARTMEm-Ir OF
EN\nRONMEI,� AND NATURAL RESOURCES
YI-907
August 22, 2000
Please find enclosed water quality sample results for samples taken on February 10, 2000.
If you have any questions concerning this matter, please do not hesitate to call me at 910-395-
3900,
Sincerely,
Stonewall Mathis
Environmental Engineer
z::,
enclosure
cc:4ffj-rr-Tu-'n0�gt5riT�i1es �
127 North Cardin2l Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
6�-i
CONSULTING
CHEMISTS
Customer:
NCDENR-DWQ
127 N. Cardin�] Dfive Ext,
Wilmin--ton, NC 28405
Attn: Greer McVlcker
Date Sampled:
Sampled By:
STREAM:
02/10/00
Greer McV)cker
Environmentc-d Chemists, Inc..
6602 W-indmill NA`av - Wilrninmon. North Czrolina 2F405
(910.1392-022--, (Lah) - �610) 39-2-4-42-1 (F.x)
Echern\%'Ca,ao1.com
NCDENR: DWQ CERTIFICATE -�911. DLS CERTIFICATE -W37729
REPORT OF ANALYSIS
Date of Report: February 25, 2000
Purchase Order #:
Report Number:
0-0435
Report To: Greer Mc'\Tlck-eT
PARAMETER
Sample ED
2 3
Lab 10D
Tur 1102
V 1103
# 1104
Fecal Cofform, colonies/100m]
430,000
5.50,000
Nitrate + Nitrite Nitrogm NO3 + NO2 - N mg[L
10.2
9.39
1.94
Ammonia Nin-ogen., NHj-N, magAL
151.2
171.7
03
.3
Total Kejeldahl Nitrogen, TKN mgAL
18' :).4
198.1
1.8
Total Phosphorus� P mgfL
-).30
if.5
0.55
Reviewed b,!\ and approved for reicase to the clienL
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Qualit),
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
November 9, 2000
Mr. Baird Kilpairl
Lck,
_TB-1 K1 ipF5—iTi-dkwF5ir_n-is: lift
16�O South NC ldw3,50
Ma(molia, NC 28453
A&
NCDENFI
NORT� CAROLINA DEPARTMENT OF
ENVIRot4meNT AND NA-ruRAL- RE5ouRcF75
Subject: Sample Results
JBJ Kilpatrick Farms Inc
Facility Number: 3 1 -407'
Duplin County
Dcar Mr. Kilpatrick:
Please find enclosed a copy of the sample results that you requested for samples collected
oii February 11. 2000. If you have any questions concerning this matter, please do not hesitate to
contact me at 910-395-3900.
Sincerely,
Stonewall Mathis
Environmental Engineer
Z=
enclosure
4a��
127 Norill Cardinal Dr., Witlnfift-t0n. North Cnrolina 28405 Telephonc 910-395-3900 FAX 910-350-2004
An E'qual Opportunity Affirmative Action Employer 50% recycled/10%. post -consumer paper
Environmental Chemists, Inc.
660-1 Windmill Way - Wilminnon. North Carolina 29405
(910) 392-01—;' , (Lib) , (93 0) 3-92-4-11,A (Fax)
EchemW@aol.com
CONSULTING
CHEMISTS NCDENR-- DwQ CERnFICATE #94, DLS CERnFICATE #r37729
Customer:
NCDEN'R-DM'Q Date of Report: February 28, 2000
127 N. CardinaI Dqive.Ex-t.
Wilmin--ton, NC 28405 Purchase Order 9:
Attn.- StoDewall Mathis
REPORT OF ANALYSIS
Date'Sampled: 02/011/00
Sampled By: Stonewall] Mathis
Report Number: 0-0447
Report To: Stonewall Mathis
PARAKETER Sample ID
Lab -ID
K Up I
K Down I
K -50
K 1141
# 1146
# 1147
1148
1149
Fecal Coliform, colonies/100m]
31
28
26,000
Nitrate —1 Nitrite Nitrogen, N&, + NO,- - N mg/L
1.98
1.91
2.00
1.97
I Ammonia Nitrogen, NH3-N, mg/1L
0.2 2.4
4.1
Total Kejeldahl Nitroggen, T'K'-N' mg/L
0.5 4.1 6.5
03.0
Total Phosphorus, P mg/L
< 0.02 0.08 0.13 1.37
and approved ior release to the ciienL
Revi--wed h�-,
STATE OF NORTH CAROUNA
COUN'ry OF DUPLIN
INTHE MArrER OF"
.1. B. J. KII.PATRICK FARMS, INC
FOR MAKING AN ouru,_'rro i'm
WATERS OF THE STATE- OP'
NOR'ri-i CAROLINA
WITHOUTA PERMIT
NORTH CAROLINA
DFTARTM17�"NT OFFNVIRONMENTAND
NATURAL RESOURCES
File No. DV 00-063
FINDINGS AND DECISION
AND ASSESSMENT Of'
CIVIL Pf.'NALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
E-rivironincrit and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
FINDINGS OF FACT:
A� J. B. J. Kilpatrick Farms, Inc. is a corporation organized and existing under the
laws of the State of North Carolina. Baird F. Kilpatrick is the registered agent for
J. 13. J. Kilpatrick Farms, Inc.
B. J, B. J. Kilpatrick Farms, Inc. owns and operates J. B. J. Kilpatrick Farms, a swine
operation located along NC Highway 50 in Duplin County.
C. J. B. J. Kilpatrick Farms, hic. was reissued Certificate of Coverage AWS310407
under General Permit AWG 100000 for J. B. J. Kilpatrick Farms, Inc. on June 26,
1998, effective June 26, 1998, with an expiration date of April 30, 2003. This
permit does not allow the discharge of waste to waters of the State.
D. On February 10, 2000, in response to a complaint, DWQ staff inspected J. B. J.
Kilpatrick Farms, Inc. and observed a discharge of wastewater from a sprayfield
via a roadside ditch to an unnamed tributary of Stocking I -lead Creek, which are
Class C Sw waters of the State within the Cape Fear River Basin.
E. J. B. J. Kilpatrick Farms, Inc. had no valid permit for the above-describcd activity.
1'-. Condition No. Ill. 6. f. of the General Permit requires that the permittce shall
report by telephone to the appropriate Regional Office as soon as possible, but in
no case more than 24 hours following first knowledge of the occurrence of
overapplying animal waste either in excess of the limits set out in the Certified
Animal Waste Management Plan (CAWMP) or where runoff enters surface
waters.
G. J. B. J. Kilpatrick Farms, Inc. failed to notify DWQ ofthe discharge of wastewater
within the required 24 hours after discovery.
1-1. The cost to the State of the enforcement procedures in this matter totaled $864.52.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW:
A. J, 13. .1. Kilpatrick Farms, Inc. is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
13. An unnamed tributary to Stocking Head Creek constitutes waters of the State
within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The above -cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. J. B. J. Kilpatrick Farms, Inc. violated Condition No. Ill. 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. J. B. J. Kilpatrick Farms, 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) 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. J. B. J. Kilpatrick Farms, 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) 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. 14' )-215. 1.
G. The State's enforcement costs in this matter may be assessed against J. B. J.
Kilpatrick I'arms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14311-
2 8 2. 1 (b)(9).
H. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of I,aw, I make the following:
Ill. DECISION -
Accordingly, J. 13. J. Kilpatrick Farms, Inc. is hereby assessed a civil penalty of -
0
for making an outlet to the waters of the State without a
permit as required by G.S. 1433-215. 1.
for violating Condition No. 111. 6. f. of the General I'cri-nit
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 (CAWMII) or where
runoff enters surface waters.
TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$- 864,52 E'nforcernent costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the arnount 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 darnage-,
(5) The amount of money savcd by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority-,
(8) The cost to the State of the enforcement procedures.
(Date) KerrY Stevens, Director
Division of Water Quality
State. of North CaroHna,
Depardnefit of Envir6ment
and Natural Resour�es
Wilmington RegionalOfrice
*0
James B. Hunt, Jr., Governor
BW Holman, Secretary
Kerr T. Stevens, Director
Division of Water Quality
October 9, 2000
AlEMORANDUVI
A0 4
NCDENR
NC*:rT" C_6Jq0UNA [)ePAR-rME:Prr c:)F
Ewmomme.w AND NdcruRAL RESOURCES
TO: Jeff Poupart, Environmental Supervisor H
Water Quality, Non -discharge Compliance Enforcement Unit
FROM: Rick Shiver, Water Quality Regional Supervisor
Wilmington Regional Office
SUBJECT: Enforcement Report
Baird Kilpatrick
JBI Kilpatrick Farms, Inc.
Facility Number: 31- 407
Attached please find the subject enforcement report which was prepared by Ms. Greer
MeVicker of the Wilmington Regional Office of the Division of Water Quality. The report
concludes that JBJ Kilpatrick Farms, Inc. violated Title 15A NCAC 2H .0217 and G.S. 143-
215. 1, by making an outlet to waters of the State without the appropriate permit.
It is recommended that appropriate civil penalties be assessed in accordance with NCGS
143-215.6A (a)(6).
If you have any further questions, please contact me at 910-395-3900.
ATTACIEVIENTS
egm.
cc:
VF_ ---. NOON,
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910,395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 501/6 recycled/10% post -consumer paper
DIVISION OF WATER QUALITY
AND4AL OPERATIONS
ENFORCEUENT CASE REPORT
Violator: Baird Kilpatrick
Contact Person: Same
Address: 1650 S. NC Hwy. Magnofia, NC 28453
Facility Name: JBJ Baird Kilpatrick
Facility #: 31407
Receiving Stream and Classification: Stockinghead Creek (C-swarnp)
Regional Office: Wilmington
Inspector / Report Prepared By: Stonewall Mathis & Greer McVicker
Registered Agent: (if applicable)
Address: (if applicable)
Case Narrative: On February 10, 2000, in response to a complaint, Ms. Greer McVicker of the
Wilmington Regional Office of the Division of Water Quality inspected the referenced location.
During the investigation, Ms. Greer MeVicker observed animal waste in roadside drainage ditches
along SR 1141 and Hwy 50. Samples were taken at three locations. It was approaching dark at
the time Ms. McVicker arrived to site, halting the investigation. During a follow-up investigation
conducted on February 11, 2000, Mr. Stonewall. Mathis and Ms. McVicker of the Wilmington
Regional Office of the Division of Water Quality observed visible signs of animal waste
downstream in Stocking Heads Creek. The discharge occurred fi7om field 8- Pull D, during a land
application event, on JBJ Kilpatrick Farms Inc. Animal waste discharged off the sprayfield (field
8- pull D), entered a roadside drainage path which fed into an unnamed tributary of Stocking
Head Creek, which is class "C- Swamp" waters of the State in the Cape Fear River Basin.
Farm and/or Companj Compliance History: Include a , y of CAFO Designation letters,
.�jgp
previous NOV's, NOD's, previous civil assessments, etc.
Chronology of compliance history for swine animal operations owned by Baird Kilpatrick is as
follows:
April 3, 1997 NOV
October 10, 1997 " NOD
No Operaltor In Charge designated.
Erosion of lagoon dike wall.
Amount of Waste Dischaj:ge (if applicable). If amount cannot be estimated, what is the
rate of flow reaching surface water:
Greater than 1,000 gallons
Sample Results (If applicable) with locations of samples taken noted in relation to dischame
point:
For the discharge originating from Field 8 Pull D (samples taken on February 10, 2000):
Sample Point at Hwy 50 and SR 1141 intersection at point of discharge.
Sample Point "Dowif'was taken on Hwy 50 South approximately.500 ft. of discharge point.
Sample 1D I SaMle ID 2 Sgmple ID 3
Fecal Coliforin (col./100 mL)
430,000
550,000 ------
Nitrate + Nitrite Nitrogen,
10.2
9.39 1.94
NO3+NO2 - N (mg/L)
-
Ammonia Nitrogen,
151.2
171.7 0.3
NH3 - N (mg/L)
TKN (mg/L)
183.4
1981 1.8
Total P (mg/L)
3.30
15.5 0.55
Violator"s deeree of cooDeration (includine efforts to urevent or restore) recalcitrance:
Violator failed to monitor spraying activities sufficiently to ensure proper waste application.
Violator failed to report the runoff occurrences by telephone and in writing to the Regional Office
as required. During February 11, 2000 investigation it was observed that Mr. Kilpatrick had
blocked culvert at Hwy 50 and SR 1141. Mr. Kilpatrick and Brown's of Carolina representatives
were on site at time of DWQ arrival February 11, 2000. On site representatives were advised to
block area where UT runs into Stocking Head Creek along SR 1141 and spray waste from
tributary onto sprayfield. These actions were taken.
Fish kill observed? Y/N If yes, include report from WRC:
No fish kill was observed at the time of the inspection.
Mitigating Circumstances:
There are no mitigating circumstances.
Recommendation:
The Wilmington Regional Office is recommending assessment of a civil penalty to the Director of
the Division of Water Quality pursuant to G.S. 143-215.6A-
Include a copy of the previously completedAnimal Operations Inspection Form, pictures and
site sketch of wasteflow tf waste is &scharged to sur
.face waters. Also include violator's
response to Notice of Recommendationfor Enforcement. If citing cerfifiedplan orpermit
con&tJon violations, include copies ofpermit orplan.
Assessment Factors required to be considered by G.S. 143B-282.1(b):
The degree and extent of harm to the natural resources of the State, to the public
health, or to private prop" resulting from the violation:
Animal waste discharged into a drainage way, discharging into unnamed tributary of
Stocking Head Creek, then discharging into Stocking Head Creek. Water Quality samples
taken immediately downstream from the discharge point. in drainage path and unnamed
tributary of Stocking Head Creek on February 10, 2000 displayed fecal coliform. bacteria
levels of up to 550,000 colonies per 100 mL. This represents levels of 2,700 tunes the
assigned stream standard. Mr. Mathis and Ms. McVicker walked approximately 4,000
feet on February 11, 2000 following the waste flow.
2. The duration and gravity of the violation:
Animal waste in the amount of an estimated greater than 1,000 gallons was observed as
having discharged. Review of the irrigation records showed that this field was last
irrigated with animal waste on February 8, 2000 and February 10, 2000 of 54,000 gallons
each. On February 11, 2000 DWQ observed waste approximately 4,000 feet from point
of discharge.
3. The effect on ground or surface water quantity or quality or on air quality:
The effects to groundwater and air were not documented. Water quality was impacted as
determined by water quality analysis.
4. The cost of rectifying the damage:
The cost to rectify the environmental damage cannot be easily estimated. The surface
waters of Stocking Head Creek are classified as Class "C-Sw'amp" waters of the state.
Animal waste discharged into a receiving stream will degrade water quality due to very
high levels of pathogens (ie, fecal coliform. bacteria) ammonia, nutrients, and other
dissolved oxygen reducing constituents.
5. The amount of money saved by noncompliance:
The amount of money saved by noncompliance is unknown.
6. Wheth& the violation was committed willfull y or intentionally:
It was indicated that the violation was unintentional. Mr. Kilpatrick did not perform
sufficient monitoring of the irrigation events to ensure proper application of animal waste.
7. The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority:
The prior record of the violator is as follows:
April 3, 1997 NOD Erosion of lagoon- dike wall.
October 10, 1997 NOV No Operator in Charge designated.
The cost to the State of the enforcement procedures -
The State's enforcement costs totaled $, as follows-.
Staff,
McVicker, 8 hours @ 14.77/hour $118.16
Mathis, .8 hours @ 20.54/hour $164.32
Nfileage 210 miles @ $0.23/mile $48.30
Pictures 16 @ $0.39/each $6.24
Water Quality Samples,
Fecal, (2/10/2000) 2@ $30.00/each $60.00
Nutrients, (2110/2000) 3@ $122.50/each $367.50
Administrative Costs $100.00
Total $864.52
I
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
BAIRD F. KILPATRICK
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(1)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
FIN]DINGS AND DECISIONS
.AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, L Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make
the following:
1. FINDINGS OF FACT:
A- Baird F. Kilpatrick owns and operates JBJ Kilpatrick Fanns Inc., a swine animal
operation along NC Highway 50 in Duplin County.
B. On February 10, 2000, Ms. Greer McVicker ofthe Wilmington Regional Office Of the
Division of Water Quality, in response to a complaint� inspected JBJ Mpatrick Farms,
Inc. Runoff of animal waste from spray field 8, pull D was observed flowing into a
roadside ditch. This ditch feeds an unnamed tributary to Stocking Head Creek which
is class "C-Swamp" waters of the State in the Cape Fear River Basin.
C. Baird F. Kilpatrick had no valid perrait for the above noted discharges of wastewater.
D. The costs to the State of the enforcement..procedures in this matter totaled $764.52.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A- Baird F. Kilpatrick is a "person" within the mew�ing of G-S. 143 -215.6A -pursuant to
G. S. 143 -212(4).
B. Stocking Head Creek is classified as "C-Swamp" waters, located in the Cape Fear River
Basin, and constitutes waters of the State within the meaning of G,S. 143-215- l(a)(1)
pursuant G.S. 143-212(6).
C. The above cited discharge that was discovered on February 10, 2000 constitutes
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. Baird F. Kilpatrick may be assessed civil penalties in this matter pursuant to G, S, 143 -
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000) per violation may be assessed against aperson 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 accordancewith terms, conditions, or requirements of such permit.
E. The State's enforcement costs in this matter maybe assessed againstBaird F. Kilpatrick
pursuant to G.S. 143-215.3(a)(9) and G-S. 143B-282. 1(b)(8).
F. Pursuant to N.C. Gen. Stat. § l43-2l5.6A,,,_t1fe Secretary of the Department of
Environment and Natural Resources has the authority to issue civil penalties in this
matter. The Secretary has delegated this authority to the Director ofthe DWQ pursuant
to N.C. Gen. Stat. � 143B-10. I
Based upon the above Findings of Fact and Conclusions of Law, I make the following-
III. DECISION:
Baird F. Kilpatrick is hereby assessed a civil penalty of.
$ For making an outlet to waters of the State without a permit as
required by G. S. 143 -2 15. 1 (a)(1).
$ TOTAL CfVEL PENALTY, which is — percent of the maximum
penalty authorized by G, S. 143-215.6A.
$ 764.52 Enforcement costs
$ TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determir�g the amount ofthe penalty I have considered
the factors fisted in G. S. 143B-282. I (b), which are:
(1) The degree and extent ofharm to the natural resources ofthe 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 wiffully 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) Kerr T. Stevens, Director
Division of Water Quality
s:\wqs\animals\duptin\2000\31-841pc
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
BAIRD F. KILPATRICK
FOR VIOLATIONS OF
ANRAAL WASTE PERMIT
AWS310407
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC
FINDINGS AND DECISION
AND ASSESSMENT OF
CrVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Na ' tural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make
the following:
1. FINDINGS OF FACT:
A- Baird F. Kilpatrick owns and operates the JBJ Kilpatrick Farms, Inc. located on NC
Highway 50 in Duplin County,
B. Baird F. Kilpatrick was issued Animal Waste Permit AWS310407 on -for the
operation of JBJ Kilpatrick Farms, Inc.
C. Part H.(4) of the issued pen -nit states that in no case shall land application rates
exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff
during any given application.
D. On February 10, 2000, Ms. Greer McVicker from the Wilmington Regional Office of
the Division of Water Quality inspected the referenced facility. Runoff of animal
waste from spray field 8, pull D was observed flowing into a roadside ditch.
E. The costs to the State of the enforcement procedures in this matter totaled S 100. 00.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
F. Baird. F. Kilpatrick is a "person" within the meaning of G. S. 143 -215.6A pursuant to
. G.S. 143-212.4.
G. A permit for an animal waste management system is required by G.S. 143-215.1.
H. Baird F. Kilpatrick violated Part M(4) by allowing runoff to occur during an
application event.
1. Baird F. Kilpatrick may be assessed civil penalties pursuant to G,S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($ 10,000. 00) per violation may be assessed against a person who violates or
fa@s to act in accordance with the terms, conditions, or requirements of a perndt
required by G. S. 143 -2 1 S. 1.
i The State's enforcement costs in this matter may be assessed against Baird F.
Kilpatrick pursuant to G. S. 143-215.3 (a)(9) and G. S. 143B-282. I (b)(8).
K. The Director, Division of Water'Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter. -
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Baird F. Kilpatrick, is hereby assessed a civil penalty of
for violating Part 11.(4) of Permit Number AWS310407 by
allowing runoff of animal waste during an application event.
TOTAL CIVEL PENALTY, which is percent of the
ma-Aimum penalty authorized by G.S. 143-215,6A-
$ 100.00 Enforcement costs
$-I TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in 6. S. 143B -282. 1 (b), which are:
The degree and extent of harm to the natural resources of the State, to the public
healtk 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 wRlffilly 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) Kerr T. Stevens, Director
Divisioft of Water Quality
Department of Envirom-nent
ancf-Naiurai '-,m,'asources
Mmirig,ton Regidnai Offoics
MOM".
NCD'E?4
James E. Hurit. Jr., Gcve!7--.cr
Sill ria[map., Secrat�ar-_V
Kerr T. Stevens, --jirec:cw
Division of Water QualiTY
I. luty 12. 20DO
Nhi! t T.90a
Rwmnn RwmainT R�es�--d
Mr. Raird Kiiparrick -
JEJKlipatrickF�arrns inc.
I ESO S, NC 50 H41
;V,2gnoli2� NC 28453
Subjec-- Notice of'Viciation & Recommendation for Enforce-nerr-,
jEJ'Kiipairiu� Farms lnc�
Fzc4ity Numoer:331-407
Dupiiri Couni�,
DZ2!- Wt-- Kiipanicv"
This is to notify Wt. =2irij Kiipairin�,, who hoids Cert icste V, Coverage- AWS210407 under Swine
Was�,e General Permit AWGI 00000 issued pursuantto North Garofina Generai Statute 14Z-21 51. of
vioistions of Nofth OaMUr,2 Gefler,-al Statute 14S-215,1 and the Geni�ml Fermft.
in response io a c-crinpiaim of an animai %Amsie discnarge. Ms -'Greer 7%AcViz�er s� 1heVViir1inz;.--xor.
agionai Offica of Ine Division of WaTer Quafity (DWQ) inve5tigmeed 'the area in t0e vic.nfty of I -tour
animal operation an February 11D, 200D. During f1he imvq:�tigstior:, V's. ;3'-irnai w-.'?t:"-
-caaw�y ditcaes aiong S�- -11441, and NC VIVY 5M Owing a fol4,w-uz: annaudea c,-.
February 11, 2000 by Mr, Stone�vall Mathis and Wt. Greer MdWcMw of Me Wilmington Regional OMce
of Me DRiAn of WaOr Qualtt A mms discovered that , animal waste. runoff had cc-curred imm a land
appficabon fieid o', the JEJ Mp2tricki-rarrins Inc. into an unnamed tributary of Sloc�ing-,ead Creek.
Sltoc:kinq Head Creek is a tr-ibuzary to 'the NortheaVt Cape Fear River ana is dass-.-Fiad as( C - SW2MI�)
waters of the Staie. This is a viciation of Nofth Caroiina Generai Staiute 1473-215-1 Tzec!ijires ihzIl
..o person shall rnak�.�7 an oLrtlan into wa=-rs of the kate nirzained ana abioe- t)y 1:!!�
acpropriaie perma. TntE -.ti aiso 2 viNjOr of Pat L PetiormancE i ef the Gemx�-i
Permit whicn requires ifiat the animal wesve management sys-Lem be effac:tiveiy mairttafned and opera-Lez,
as z non -discharge systern to prevent tile discharge of pollutants to suffsace waters, wetlands, or ditzaes.
This is 2iso a viciaiion of Par, 1(2) of the G4neral mermit which incorpo—,ates the Certifiec: Animal Wave
.Vlar,2gement P,'an (CA%AjWjP) irrro the General Permit and soecifies thaz aM, vioiation o-, the OAVV-MP
sr;al ' 1 be mnsiderec; a viciation of the General Permit. the CAW10P requirus *,hat 2nirnal wasze not be
dis-nargec! into surface waters. dminage ways. or wetlands by discnarge or by over-sp-raying and that
a0mal vQxe be apoed suc�-. thezric runoff occurs. This is aiso a vioiation of Farzk 11. Operation a�d
U,aintenance Reouirements. Section I o� the Genenal Permit which reauiresttai the land applization
eautipmeni 2nr- fiescis be mainzained at all times and properly onera-tet. Ths is aiso a viciaiion of Par,
li(-') of the Gene. -al �zlerrnit whicin requires thaft runof, no, result during any given apoii--ntion.
127, -Nor:h Cardina! Dn. Wliming-ron. Nomb Carolin:L28-405 7atdephoat: F-21x !'D.1-3:54-200-1
-�Ul EaUal Oppomnlr�'Affirmalllve Anion Employer 51?';4 r::::!yCie-'1 nosr-consume'-
ru- K i
You are also in violation of Pan III Monitoring and Reporting Requiremerits, Seaiion 5 of the
C-anera-1 Permit for failure to report by telephone to the Wilmington Regional Office the overapplication of
animal waste in excess of the limits set ou't in the CAWMP and where runoff enters surfaca w'a'ters and
for failure to file a writtien report to the DWO Regional Office outlining the occurrence and corrective
amions addressing the occurrence within -5 days.
Please submit a wften Plan of Action to the Vfimington Regional Offica of the Division of
Water Quality within ten (101 days oi receirit of this notice. The Plan of Ac5on should address the noted
viola-d-ons and . should include:
1) A fl.-�, of"any and all actions taken to correat the noted violations. Please inciude any
mitigafibn efforts-
2) A fist, of any and all modifications that have been and will be implemented to prevent future
violations alo6g witti a timetable for compietion of the modifications -
Please be advised that this officeis recommending assessment of civil penalties to the Direcor
of the Division of Water Quality for the above noted violations, -1 hese violations may result in civil
perialties of up to S1 0,000 per violation in accordance- with North Carolina Generat -Statute 143-
21 5.6A(a)(2). You may also be assessed for reasona-ble cost of the investigation in ac=rdance with
North Carolina General Statute 143-215.3(a)(S)- If you have an explanation forthese violations that you
wish to present, please submii your written response along with the Plan of Action. Your response will be
forwarded to the Director along with the enforcement package for his consideration.
The Division of Water Quality may take further action in these matters including assessment of
civil penalties, injunctive relief, and permit revocation.
If you have any questions conceming- this matter, please do not hesitate to call Mr- Stonewall
Matlas or Mis- Gre--r McVickerof our VVillmingion Regiunal Officz at (9 1 fl)`39!�-3900 or - - --- :. ' -'
wis
at (912)733-5083 e)a. ;539�
Rick Shiver
Water Quality F�eajonal Supervisor
cc, Harold iones, Dupfin County Soil and Waier Conservation
Ponnie Kennedy, Duplin County Health Department
C-Us Simmons, Brown's of Carolina
Central Files
S-.kWCS�ANIMALSkDUPLINA-31-407-NOVR=-
L4 07
RE
AUG 17 :�ZU d 0
BY:
1650 Hwy. 50 South
Magno4 NC 28453
Mr. -Rick Shiver, Rej�6iW Supenisor
Division of Water Quafiry
Department of Environment and Natural Resources
127 North Cardinal Drive
Wilmington, NC, 28405
Dear Mr. Shiver,
Mr. Stoney Mathis and I ate at the same restaurant August 14, and he indicated that my initial
response letter to your Notice of Violation had been misplaced by your office and asked that I
send you a duplicate copy. Please find enclosed a second copy of the letter and a photocopy of
the signer's name who confirmed receipt of the fist letter. If I can be of further help, please let me
know.
Enclosures: 2
July 21, 2000
Mr. Rick Shiver
Water Quality Regional Supervisor
Division of Water Quality
Department of Environment & Natural Resources
127 North Cardinal Drive
Wilmington, NC 28405
Dear Mr. Shiver,
This letter is in response to the Notice of Violation and Recommendation for
Enforcement for JBJ Kilpatrick Farms Inc., dated July 13, 2000 ' - I received your letter on
July 17, 2000, and with this letter, I am responding within ten days of receipt, as
requested.
Time Line of Events
Feb. 10, 2000
- Applied Waste to field D. Waste was applied from Ipm to 4pm (Norun-off
was noted at that time).
- 8pn-L Craig Craft and Jimmy Vinson contacted me to let me know that a
complaint had been made and Ms. McVicker of the Wilmington Regional
Office of the Division of Water Quality (DWQ) had investigated an area in the
vicinity of my farm and observed waste in a roadside ditch.
- 8:05prrL We immediately took action to locate the area of run-off We
searched for over an hour before locating the waste that had collected in the
ditch, -
- 9:15pm. Upon finding where the run-offhad occurred, we immediately
darnmed the ditch to prevent any further movement down the ditch.
Feb. 11, 2000
9am. Ms. McVicker, Mr. Mathis, Jimm�'Vinson, Craig Craft, and I met
to discuss a plan -of -action for removing the wastewater from the ditch. We
determine ' the best location for placing equipment to recover the waste.
I I am. We dammed another portion of the ditch (further down the ditch
network), and with a small horsepower pump, began to reclaim the waste.
3:30prn. The small pump was not satisfactory. It was not visibly lowering the
effluent and ditch water as fast as desired.
4:30prn. A large lagoon pump and reel were brought to the field and pumping
was initiated with the larger apparatus.
8:30pm. Spraying completed. All accuniulated mbaure of fresh water and
effluent was pumped from the ditch.
Feb.12,2000
6am. Pumped water, that accumulated during the night, from ditch for an
additional 3 hours to make doubly sure all waste had been reclaimed.
I Oam. Yu=y Vinson came by to review and inspect the site. He approved and
asked me to contact Mr. Mathis to determine if he wanted to also make a site
visit.
1 lam. Left message with Mr. Mathis (910) 395-3900 ext. 103, that waste had
been recovered and communicated that the site was ready for his inspection.
Feb. 14, 2000
- Spoke with IS& Mathis, and confirmed to him that I had contacted the local
paper and provided a press release. We spoke at length about actions that
could be taken to prevent this from happening again. Mr. Mathis stated that I
would be receiving a letter in a couple of days, and I would have 5 days to
respond with a plan- of -action. However, no letter was received and while a
plan -of -action was formulated, as a result of the anticipation of the letter's
arrival, no formal plan was filed with your office during this interim
Summary & Action Plan
Mr. Mathis and I discussed the run-off issue quite extensively on the Feb. I I site
visit. I recognize that run-off is not compliant with the General Permit for our facility. I
have made every effort to manage the excessive water accumulated from the hurricanes of
List fkfl and the ensuing unusually wet winter of 1999/2000 in the most environmentally
sound manner possible. All of the volume accumulated was managed through our
irrigation system in a manner to prevent run-off and discharges. This method of
environmental stewardship required application of effluent on the "highest and driest"
application fields to expeditiously lower lagoon levels and prevent discharges.
Our waste management procedure following the hurricanes and during the extremely wet
winter, was to make application in the most prudent way for preventing run-off while
diligently trying to lower and maintain appropriate la�oon levels. To our dismay, disgust
and embarrassment there 'was an incident of run-off Field D received too great a volume
of water when compared with the prescribed rate of the waste management plan. I made a
poor judgment and incorrect decision as to the moisture conditions of field D, and
subsequently, did not make the proper adjustments to the irrigation equipment to reduce
the application rate to a more acceptable level for these conditions. The proper application
rate should have been determined, then the nozzle size, retrieval speed and pressure should
have been adjusted to compensate for the elevated field moisture conditions. Moreover,
the proper decision at that time may have been NOT to have made that particular
application at all.
The Division of Water Quality was notified prior to my knowledge that run-off had
occurred. I recognize that run-off is noncompliant with the General Permit, I also
acknowledge my responsibility and obligation to my neighbors and the environment. I
worked as quickly as possible to intervene and prevent damage. I dammed up the ditch to
prevent waste from flowing further down the ditch. My family and I worked furiously to
reclaim the waste and reapply it to the field.
The following describes plans and actions implemented to prevent run-off from
occurring again at JBJ Kilpatrick Farms:
1. We have cleared and prepared an additional 35 acres of land that can be used
as a spray field.
2. We now plant perpendicular to the slope (contour tillage).
3. As much as possible, lagoon level is kept as low as appropriate in order, to be
prepared for the next hurricane. Currently we have 45" of freeboard.'
We are corrunitted to 100% compliance with North Carolina regulations. I am very
disappointed that run-off occurred and will work diligently to prevent a reoccurrence.
)atrick
-er
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; lVo insurance coverage Provided)
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C3 pova" -S
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=1 Certitted Fee
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Roturn Recelpt Foe Here
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K Complete items 1. 2, and 3. Also complete
item 4 it Restricted Delivery is desired.
11 Print your name and address on the reverse
so that we can return the card to you.
a Attach this card to the back of the mailpiece,
or on the front if space permits.
I - Article Addressed to:
I
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AM11-6 �-14 1 111V6 1>6
A- Received by Please FWnt Cie") t o Delibb
18rf-133-9- . -
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Add
V77ftIlAq iddress diferent from item I? C1 yes
It rqS, enter delivery address below: El No
3. Service Type
0 Certified MM 0 Express M34
0 Registered 0 Return Receipt for Merc�mndise
0 Insured Mail 13 G.O.D.
4. Restricted 0efivery? (Extra Fee) E) yes
2. Article Number fCopy h-mn service labeO
1) 1 ? _;I ;z o ao � b 4 1 o /
PS r-orm 3811, juty 1999 Domestir, Fleturn Receipt 10259"s-m-W139
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ENVIRONMENTAL CDEMISTS, INC
Satimle 1C,ollection and Chain of Custody
�— --j a %,� [-�%& AJI 7 0 V A I r I I . , , 16. V-1
San11)fejZ2e: I= Influent, E-7 E ffluen V= ef ST-35t& eam, SO= if. SL--Sludize Other:
6602 Whidmill Way
Wilmington, NC 28405
Phone: (910) 392-0223
Fix: (910) 392-4424
Snntple Identification
Colfecfioi,�
PRESERVATION
ANALYSIS REQUESTEO
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(0.2ppmo less) in the rield at the time (J collection. See reverse side for instructions.
Transfer
Relinquished By-
Dnte/Time
Received By:
Dke/Thne
Temperature when Received: TI/0C., Accepted: Renctall'. Resample Requested:
e M-1
Delivered By: �B . y.-.
Receive Da te: —Time: E-*"/dr?--
Comments:
CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602WindmiIIWay Wilmin-ron. North Carolina 28405
(910) 392-0223 (Lab) - (910) 392-4424 (Fax)
�j
EchemW@aol.com
NCDEINR. DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: Febnmry 25, 2000
127 N. Cardinal Drive Ext-
Wilmington, NC 28405 Purchase Order
Attn: Greer McVlcker
REPORT OF ANALYSIS
Date Sampled: 02/10/00
;�a " 1W BY.- Gmer IWV-';�kc�
- mpA I �
STREAM:
Report Number: 0-0435
Report To: Greer MeVicker
PARAAMTER
Sample ]ED
2 3
Lab 11D
N 1102
01103 1104
Fecal Coliform, colonies/100mi
4330,000
ar
550,000
Nitrate + Nitrite Nitrogen, N% + NO2 - N mgfL
10.2
931 9 1.94
Ammoni- Ni trogen, NH3-N, ingAL
151.2
171.7
0.11
-1
Total Kejeldahl Nitrogen, T1KN mgfL
183A
198.1
1.8
Total Phosphorus, P mg/L
330
15.5
0.55
OLI-T -.IC'L 04 1'41'Q,:�Jand
Reviewed b approved for release to the clienL
910 392 4424
.1
Environmental Chemists, Inc.
401r"so OR R "$- Sba 6602 Wi.ndm,ill Way
t - Wilmington, North Carolina 28405
OMM
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EchernWa,aol.com
Date: July 11, 2000 Pages to Maw 0
To; Greer Company: NCDWQ
From: Mary Fax #: 350-2004
RE: PAce Bt
-1 Spin
Fecal Coliform, mf S20.00, normal hours M-Th, ti
$30.00, weekend samples F-Sun
BOD5 $20.00, nonnal hours M-Th, tit 5pm
S30.00, weekend samples F-Sun
NH3 S 15,00, normal hours M-F tit 5pm
S20'.00, weekend samples Sal -Sun
v TKN
$20.00, normal hours M-F fil 5pm
$30.00, weekend samples Sal -Sun
NO2
$15.00, normal hours M-Th, fil 5prn
$22.50, weekend samples F-Sun
$20.00, weekend samples F-Sun
Total Phosphorus
S20-00, normal hours M-Th, tit 5pm
$30.00, week -end samples F-Sun
If you need any further information, please call me at 910-392-0223,
IType of Visit @ Compliance Inspection 0 Operation Review 0 Lagoon Evaluation 0 Other I
Reason for Visit 0 Routine @ Complaint 0 Follow up 0 Emergency Notification 0 Other C] Denied Access
Faci1itv Number 07 Date of Visit �� printed on: 3/23P-000
I ::J�4� ro—NotOper-ational OBelowTh
IMPermitted MCertified. 13 Conditionally Certified E3Registered
Date Last Operated or Above Threshold: .........................
Farm Name- JW.-KUpairicklanns.1m ............ . ............. . ... _._ . ................... County: D.upft ......................... . ...... . ........... W-.iRQ ... .....
Owner Name: Baird .............. . ..... PhGneNo: ....................... -
FacWtyContact: .............................. .... Title: .. . . . ......................................................... Phone No . .............. . ...................................
........ ......
. ................. .......... .. ..................... I ..........
Onsite Rep res.entative: ..................... ............. . ... ........... Integrator. Br.Q3yal.:t.of.Czr.9Jin;L Jac . .................................
Certified Operator. Aakd.F. ................................. Kilpatrick ....... . ............ . ............. Operator Certification Number. .1723.8 . .................... .....
Location of Farm:
. ......... ...................................................... ........ . .............. ..... ......................................
..... ...................... .... ...... . ........ ............. ............. ................... .......... ................... . ....... . ........ . ................ ...
Latitude F-34--lo Longitude F 77-10 Fzi-5-16 F-0-05--1
Nswine []Poultry []Cattle F 5337 E30 I
Dischara-e3 A Stream Impacts
I - Is any discharge observed from any part of the operation?
Discharge Griginated at [I Lagoon 0 Spray Field Cj. Other
a. If discharge is observed, was The conveyance man-made?
b. If discharge is observ4 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 dikharge from any part of the operation?
3. Were there any adverse impacts or potenti�l adverse impacts to the Waters of the State other than 67om a discharge'
MLILre Collection & Treatment
0 Yes ONO
0 Yes L] No
0 Yes M No
0 Yes No
L —1 Yes 1\10
01 Yes 1\10
4. Is storage capaciry (freeboard plus stormstorage) less than adequate)
Spill,,vav Yes C No
Structure I Structure 2 Structure 3 structure 4 Structure 5 Structure 6
identifier. ... . ............... .............. .. ...................... ........ ........ . ..................... . .. ................ . ........ ... .... .........
Freeboard(inches) . .................................... .................................... ................................... .................................... .................................... ................. I ..................
F--cility N'-JEnber. 31-407 Date of Inspection 2/10/2 Printed on:
5. Are there any.immedic!te threats to the integrity of any of the structures observed? (ie/ trecs, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(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 =ctures need rnaintenance/improvement?
8. Does any part of the waste management system other than waste strucMres require maintenance/improvement?
9. Do any stuctures lack adequate, gauged mark= with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are them any buffers that need maintenance/improvement?
11. Is there evidence of over application? E] Excessive Ponding (3 PAN
V2312000
El Yes
C, No
0 Yes
0_ NO
0 Yes
0 No
0 Yes
0 No
0 Yes
ONo
0 Yes
0 No -
0 yes
ONO
12. Crcp type
13, Dodici� g crops differ 'with those designated in the Cezx�ified Animal Waste Managtanent Plau (CAWW)"? Yes [,I No
14. a) Does the facility lack adequate acreage for land application? Yes []No
b) Does the facility need a wettable acre determination?
c) This facility is pended for a wettable acre determination?
Does die mpelving cron need improv-ment?
16. Is there a lack of adequate waste application equipment?
Reguired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the faci lity fail to have all components of the Certified Animal Waste Management Plan readily avaable?
(ie/ WUP, checklists, desi� maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & sod sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
1
2 1 � Did the facility fail to have aactively cerdfied operator incharge?
22. Fail to notify regional DWQ of emergency simations as required by General PmmaiO
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/LWector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problem noted which cause noncompliance of the Certified AVRAP?
-N 0-- iio1aiiu'n'&'dr_&fz&end'es- were. noieA: duifii j i11'rke1,Ve'R'0 hr]flie'r'-'-
....... I ....................... -- - - * * ......................
... ................................
*hhA9itfl%&t4'4zi1 ................................... I - . . .
El Yes 0 NO
0 yes 0— NO
� 3 Yes 0 No
Cl Yes [3 No
L 'I Yes E] No
0 Yes 0 NO
0 Yes [] No
0 Yes E] No
0 Yes 0 No
C] Yes 0 No
0 Yes ONO
0 Yes 0 No
C] Yes E:r No
Hunkele (DWQ) received a discharge complaint on this facility and referred it to me at approximately 5:00 p--m on 2/10/2000.
[ (Greer-DWQ) got to area of complaint at approximately 530 p:m on 2/10/2000 and found the dithes at Hw� 50 and SR 1141 (Stocking
Read Rd,) filled with waste. It was getting dark by the time I found the discharge and I was unable to really get a good
idea as to the point of discharge. I felt sure that the waste was more that likely coming straight off sprayfield beside ditch filled with
waste, although I c;ounldn't see (due to dmimess) how far or from where waste was flowing. I did take samples and took them
to lab. I did report back to facilty on next morning and met with Stoney Mathis - DWQ, BOC (fimmy Vincent), and Mr. Kilpatrick for
Ruther investigation -
Rev ie'we rfInspector Name
NIEWINI SUN
-A 2uu ainu Water Conservation - ()peration Re�.i_evO.�
-Consebratian
........ ..
Division of ofl and Water
k,
DivWon of Wate'Qu�4ty,_�.Co in�pection
r mp ap
9
ency
-ri Offier A
10 Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow -tip of DSWC reVieW 0 Other
Date of Inspection F2 / / -1/6-0
Facility Number
Time of Inspection 7 24 h r. (h h: in m)
E3 Permitted E3 Certified [3 Conditionally Certified E3 Registered Date Last Operated:
E3 Not ..... ..................
6 F-4.- V-�_
Farm Name: . . .... . .............. . ... . ........ . . .. . ........ County: IDILa
V .............. * ...... * ........
. . ........... ...... . .................. . ..
Owner N ....... Phone No: -------
FacilityContact: . . .................................... ......................... . . Phone NO: . ........ .......................................
tMailingAddress: . ...... .............. . ...................................... . ... . . .. . ... . . . ... . .... .. . . ... ....... ............. ............. ............................................... ..........................
Onsite Representative:.. e,:,;ed k: C C-F CQ,
.. . . . . ......
-Certified Operator: . . . . .............................. . . . . ........ Operator Certification
Location of Farm:
Latitude = 0 =1 i
Design Current
Swine Capacity Population
0 Wean to Feeder
0 Feeder to Finish
0 FaiTow to Wean
F=Tow to Feeder
Farrow to Finish
01 Gilts
[] Boars
Longitude
Desien Current Design Current
Poultry .-Capacitv population Cattle Capacity Population
I[] Layer Dairy
1 N -Laver Non- Dairy
�3 on
[C] Other
Total Design Capacity 77
Total SSLW
I[] Lag
:Num.ber of Lagoon$ FoSubsurface Drains Present - . oon Area JE] Spray Field Arei
:1[] No Liquid Waste Management Svste�m
HAin g- Pon'ds / Solid Traps i
Discharg-ts I Stream Impacts
1. Is any discharae observed from any part of the operation?
Discharge originated at: [I Lagoon C1 Spray Field [3 Odi6r
a. If discharge is observed, -was the conveyance inan-made?
b. If dischar-c is observed, did it reach Water of the State'? (if yes, notify DWQ)
c. If discharge is observed. %VhaE is the estimated flow in gaftin?
C
d. DOCN discharge bypass a la Leon sys tern" (Ir yes, riorify DWQ3
0 yes 0- No
0. Yes C1 No
E) Yes 0 No
[3 Yes C] No
2. ls'therr evidence of past discharge frorn any part of the operation? 21 Yes Cl 1,40
3. Were there any adverse impacis or potential adverse impacts to the Waters oi the State'othe- than from a disc.harge? Yes C:i No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequaw? El Spillwav Yes LZ No
Structure I Structure 2 Siructure 3 Structure -1 Stnicturc 3 SLructure 6
Identifier:
Fre-c-boird Onches): ........ .............. . . . .. ..... . . . . ............ ................... ....... . . ... ......... . .. .. ..... ........... I ....... I .... . ... _. . ................. . ..
5� Are there any immediate threats to the iniegrity of any of [he structures observed? (ie! cretm severe erosion.
El Yes 0 No
setoage. cticj
1r_3i99 Conrinued,)n back
Date 'if hispection
,6. A7re I ' h6rCstructures on-sitewhich are not properly addressed and/or managed through a waste management or
closure plan?
(If any of question's 4-6 was answered yes, and the situation poses an
immediate public health or erMronmentall threat, notify DWQ)
7. Do any of the structures need main tenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenancefimprovement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Wmstc Anplication
10. Are there any buffers that need maintenancelimprovement?
I L Is there evidence of over application?
12. Crop type
Excessive Ponding E] PAN
F2__j/ _// 0_0_�
0 Yes 0 No
0 Yes 0 No
0 Yes E) No
0 Yes El No
Ej Yes [I No
Ej Yes C1 No
13. Do the receiving crops differ with those designated in the Certified Animal Waste. Management Plan (CAWMP)? [I Yes 0 No
14. a) Does the facility lack adequate acmage for land application? Yes [3 No
b) Does the facility need a wettable acre determination?
c) Ibis facility is pended for a wettable acre determination?
15. Does the receiving crop need improvement? .
16. Is there a lack of adequate waste application equipment?
Reauired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, des i gn, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
M Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did [he facility fail to have a actively certified operarcir in charge?
22- Fail to notify regional DWQ of emergency situations as required by General Permit?
(iel discharge, free board problems, over application)
23. Did Reviewer/Inspector fO to discuss reviewrinspection with on-siLe representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified ANVLMP?
......................................... ....
Ld . . ... . . . .
Offide�nqes -were ji?Ked-046fid this',visit: ..Y i14 lid ft�e
.96"21 M-fee i fu
corrisjj�Tjdi I
e�ce:abuilftfd�vis'C
C1 Yes C3 No
C3 Yes [3 No
0 Yes ED No
C] Yes [:] No
[]Yes 0 No
(3 Yes C1 NO
C1 Yes 0 No
(3 Yes []No
(3 Yes E] No
Cl Yes E] No
C3 Yes r6 No
0 Yes 0 No
0 Yes [I No
Comments (re4r.io' uis'ii6_q'#)- Explain ii�ij any recanunendatious
A
Use drawiug� U fhaEbito �etterex'jjlain'*MziiW6' -(useadditional
_pagds as necessa
ry
_�r—ty1r;c1d cerc,, Pull 0 Lw�-ck'�, c4 A r I P, _r a
21010es C.-nd O-F 5-41 q 00 91, I(OY15 (f-.C-6. LI) S-k 0
;`7440 ra-4.v,�,j
C1.1 UM-A^%ed o-ic WcS
-.�7rrk-*-�LjCrOj C'rrek -14"s 7E �1 J-4 C,4 C( D 4 C e-C e se
610r_k CLLIC( J-F"Ly 10 Sr
--ri,exe e7c4;L-S we-ec 4Qkc" k.,,cre 4,qkcn.
Reviewer/Inspector Name L'V e,
Reviewer/Inspector Signature: Date-
JI SR 1141
Stocking Head
MIR %W40
4i
Creek
t AN
sample #3
Neighboring field
where waste out of
JBJ
creek was pumped
Sprayfield (Pull D)
onto.
Field that
discharge
ik
originated
from,
4- .1 & I I . , I
sample #2 HWY 50
Sample #1
waste
fields, woods
sample points
I
ofto-VO-00"
lagoon
hog houses
bit,
I
NOT TO SCALE
7�m
I 1B 1, KILPATRICK FARMS, UTC.
2000 SOW FARROW TO WEAN FARM
N.C. EUGH,WAY # 50 - DUPLIN COUNTY
M4ANSVIlLE
2Z
.7,7
I V119
k � �'-"'AMDML
U22
A
DIRECTIONS: FROM KENANSVILLE TAKE HIGHWAY vig 50 SOUTH
TOWARDS CHINQUAPIN. FARM WILL BE 5 MILES FROM KENANSVILLE ON ME
RIGHT (,TUST PAST = INTERSECTION OF SR 3-737 DOBSON CHAPEL ROAD)..
MAMING ADDRESS: SHIP PING ADDRESS:
,T.B.J-. KILPATRICK FARMS, INC. J.B.J. KILPATRICK FARMS
RT. I BOX 1722 N. C. . EIZGHWAY A 5 0
MAGNOLIA, NC 28453 14AGNOLIA,,NC 29453
TELE: (910).296-1715
BROWKSCFCA;ZCUNA. INC.
303 EASTCOLL-EGE STREET - P.O. BOX 487 - WARSAW. N C 28398-6A87 - OFFICE. (9101293-2131 - FAX: (910)293-A726
-1c
2zo;"
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23.0—
K "ll-Mck
i�wtnck
27,0
1 13 154
C r
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Nj
(LHARITYI 7
SCALE 1:24 000
luau
n 2000
I
4000 5000 6000 7000 amo 9n 10wo
roUR gq-ERVAL 2 ML-MRS
;EODETIC VER77CAL DATUM OF 1929
�TIONS SHOWN TO THE NEAREST 0.1 -,TETER
TONS 'HOWN TO THE SEtIREST, u.5 mErER
WITH NATIONAL MAP ACCURACY STANDARDS
--OLOGICAL SURVE
Y. RESTON, VIRGINIA 22092
RAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
v-
NTOLIRS -4ND ) T! 0 i"IS
7
ROAD
CLASSiFiCAT;ON
Primary highway.
Llignt-4uzv road. nard or
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1. Article Addressed to:
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PS Form 3811, July 1999 Domestic Retum Receipt
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.- — i�.- I I � , � -- � � ,
State of North Carolina
11111111111L_� 1� AL
Department of Environment
and Natural Resources
A&4
Wilmington Regional Office
NCDENVI
James B. Hunt, Jr., Governor
Bill Holman, Secretary
NORTH CAROLINA DERARTMEN-r ofr
F-NVIFROMMENT ANE) NATuRAL RESOURCES
Kerr T. Stevens, Director
Division of Water Quality
July 13, 2000
Certified Mail #.j70D'D,—O6O—O�0-62—"22S�7—al-4-8-�
Return Receipi
Mr. Baird Kilpatrick
JBJ Kilpatrick Farms Inc.
1650 S. NC 50 Hwy
Magnolia, NC 28453
Subject: Notice of Violation & Recommendation for Enforcement
JBJ Kilpatrick Farms Inc.
Facility Number: 31-407
Duplin County
Dear Mr. Kilpatrick:
This is to notify Mr. Baird Kilpatrick, who holds Certificate of Coverage AWS310407 under Swine
Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1, of
violations of North Carolina General Statute 143-215.1 and the General Permit.
In response to a Complaint of an animal waste discharge, Ms. Greer McVicker of the Wilmington
Regional Office of the Division of Water Quality (DWQ) investigated the area in the vicinity of your
animal operatio.n on February 10, 2000. During the investigation, 50s, A&,Vicker ohserved aviiisial
roadway ditches along SF� 1141 and NC HWY 50. 0wing a folluy;�-up inve-aiklRil'on conducted c-,
February 11, 2000 by Mr. Stonewall Mathis and Ms. Greer McVicker of the Wilmington Regional Office
of the Division of Water Quality, it was discovered that animal waste runoff had occurred from a land
application field of the JBJ Kilpatrick Farms Inc. "into an unnamed tributary of Stocking Head Creek.
Stocking Head Creek is a tributary to the Northeast Cape Fear River and is classified as( C - Swamp)
waters of the State. This is a violation of North Carolina General Statute 143-215.1 which requires thst
no per -son shall mak an outlet iniu wL,-_=,rs of the state wiihout havii-in oir.?jned ;�od by-!!�e
appropriate permit. —1 hi�� 7!s also a viDlatien of Part 1, Peifor-anance �3!ardx-ds, Cerfior i t;f the Generai
Permit which requires that the animal waste management system be effectively maintained and operated
as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches.
This is also a violation of Part 1(2) of the General Permit which incorporates the Certified Animal Waste
Management Plan (CAWMP) into the General Permit and specifies that any violation of the CAWMP
shall be considered a violation of the General Permit; the CAWMP requires that animal waste not be
discharged into surface waters, drainage ways, or wetlands by discharge or by over -spraying and that
animal waste be applied such that no runoff occurs. This is also a violation of Part 11. Operation and
Maintenance Requirements, Section I of the General Permit which requires that the land application
equipment and fields be maintained at all times and properly operated. This is also a violation of Part
11(4) of the General Permit which requires that runoff not result during any given application.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Teiephone916-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/l. 0% post -cons umer paper
Mro5aird Kilpatrick
July 13, 2000
Page 2
You are also in violation of Part III Monitoring and Reporting Requirements, Section 6 of the
General PerTnit for failure to report by telephone to the Wilmington Regional Office the overapplication of
animal waste in excess of the limits set out in the CAWMP and where runoff enters surface waters and
for failure to file a written report to the DWQ Regional Office outlining the occurrence and corrective
actions addressing the occurrence within 5 days.
Please submit a written Plan of Action to the Wilmington Regional Office of the Division of
Water Quality within ten (10) days of receipt of this notice. The Plan of Action should address the noted
violations and should include:
1) A list of'any and all actions taken to correct the noted violations. Please include any
mitigation efforts.
2) A list of any and all modifications that have been and will be implemented to prevent future
violations along with a timetable for completion of the modifications.
Please be advised that this office is 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 Camlina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable cost of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). If you have an explanation for these violations that you
wish to present, please submit your written response along with the Plan of Action. Your response will be
forwarded to the Director along with the enforcement package for his consideration.
The Division of Water Quality may take further action in these matters including assessment of
civil penalties, injunctive relief, and permit revocation.
'f
If you have any questions concerning this matter, please do not hesitate to call Mr. Stonewall
- o 'V --R6giufial Office at (9!G)"-395-3900orVt-.�.!�fg-V&lLii
-A!3this i I is. Greer McVicker,; of our VVilmington
at (919)733-5083 ext. 539.
Rick Shiver
Water Quality Regional Supervisor
cc: Harold Jones, Duplin County Soil and Water Conservation
Ronnie Kennedy, Duplin County Health Department
Gus Simmons, Brown's of Carolina
Central Files
1142��il�,,inglq"�nl���a-rFi I[es �31-40�7
S:\WQS\ANIMALS\IDUPLIN\31-407-NOVRE
1. - 40,
3 / - 1-4 07
[ R F C F I - :NT EJ;D
AUG�1�7 ?UUO
BY:
1650 Hwy. 50 South
Magnolia, NC. 28453
Mr. Rick Shiver, Regional Supervisor
Division of Water Quality
Department of Environment and Natural Resources
127 North Cardinal Drive
Winington, NC, 28405
Dcar Mr. Shiver,
Mr. Stoney Mathis and I ate at the same restaurant August 14, and he indicated that my initial
response letter to your Notice of Violation had been misplaced by your office and asked that I
send you a duplicate copy. Please find enclosed a second copy of the letter and a photocopy of
the signer's name who confirmed receipt of the fist letter. If I can be of fijrther help, please let me
know.
Enclosures: 2
July 21, 2000
Mr. Rick Shiver
Water Quality Regional Supervisor
Division of Water Quality
Department of Environment & Natural Resources
127 North Cardinal Drive
Wilmington, NC 28405
Dear Mr. Sh.iver,
This letter is in response to the Notice of Violation and Recommendation for
Enforcement for JBJ Kflpatrick Farms Inc., dated July 13, 2000. 1 received your letter on
July 17, 2000, and with this letter, I am responding within ten days of receipt, as
requested.
Time Line of Events
Feb-10,2000
- Applied Waste to field D. Waste was applied from I prn to 4pm (No run-off
was noted at that time).
- 8pm. Craig Craft and Jimmy Vinson contacted me to let me know that a
complaint had been made and Ms. MeVicker of the Wilmington Regional
Office of the Division of Water Quality (DWQ) had investigated an area in the
vicinity of my farm and observed waste in a roadside ditch.
- 8:05pm. We immediately took action to locate the area of run-off. We
searched for over an hour before locating the waste that had collected in the
ditch.
- 9:15pm. Upon finding where the run-off had occurred, we immediately
dammed the ditch to prevent any further movement down the ditch.
Feb-11,2000
- 9am. Ms. McVicker, Mr. Mathis, Jimmy Vinson, Craig Craft, and I met
to discuss a plan -of -action for removing the wastewater from the ditch. We
determine the best location for placing equipment to recover the waste.
- I I am. We darnmed another portion of the ditch (further down the ditch
network), and with a small horsepower pump, began to reclaim the waste.
- 3:30pm. The small pump was not satisfactory. It was not visibly lowering the
effluent and ditch water as fast as desired.
- 4:30pm. A large lagoon pump and reel were brought to the field and pumping
was initiated with the1arger apparatus.
- 8:30pm. Spraying completed. All accumulated mixture of fresh water and
effluent was pumped from the ditch.
Feb.12,2000
- 6am. Pumped water, that accumulated during the night, from ditch for an
additional 3 hours to make doubly sure all waste had been reclaimed.
- I Own. Jimmy Vinson came by to review and inspect the site. He approved and
asked me to contact Mr. Mathis to determine if he wanted to also make a site
visit.
I I am. Left message with Mr. Mathis (910) 395-3900 ext. 203, that waste had
been recovered and communicated that the site was ready for his inspection.
Feb. 14, 2000
- Spoke with Mr. Mathis, and confirmed to him that I had contacted the local
paper and provided a press release. We spoke at length about actions that
could be taken to prevent this from happening again. Mr. Mathis stated that I
would be receiving a letter in a couple of days, and I would have 5 days to
respond with a plan- of -action. However, no letter was received and while a
plan -of -action was formulated, as a result of the anticipation of the letter's
arrival, no formal plan was filed with your office during this interim.
Summary & Action Plan
Mr. Mathis and I discussed the run-o ff issue quite �extensively on the Feb. I I site
visit. I recognize that run-off is not compliant with the General Permit for our facility. I
have made every effort to manage the excessive water accumulated from the hurricanes of
last fall and the ensuing unusually wet winter of 1999/2000 in the most environmentally
sound manner possible. All of the volume accumulated was managed through our
irrigation system in a manner to prevent run-off and discharges. This method of
environmental stewardship required application of effluent on the "highest and driest"
application fields to expeditiously lower lagoon levels and prevent discharges.
Our waste management procedure following the hurricanes and during the extremely wet
winter, was to make application in the most prudent way for preventing run-off while
diligently trying to lower and maintain appropriate lagoon levels. To our dismay, disgust
and embarrassment there was an M-cident of run-off. Field D received too great a volume
of water when compared with the 1prescribed rate of the waste management plan. I made a
poor judgment and incorrect decision as to the moisture conditions of field D, and
subsequently, did not make the proper adjustments to the irrigation equipment to reduce
the application rate to a more acceptable level for these conditions. The proper application
rate should have been determined, then the nozzle size, retrieval speed and pressure should
have been adjusted to compensate for the elevated field moisture conditions. Moreover,
the proper decision at that time may have been NOT to ha�� made that particular
application at all.
The Division of Water Quality was notified prior t6 my knowledge that run-off had
occurred. I recognize that run-off is noncomphant with the General Permit, I also
acknowledge my responsibility and obligation to my neighbors and the environment. I
worked as quickly as possible to intervene and prevent damage. I darnmed up the ditch to
prevent waste fi7om flowing further down the ditch. My family and I worked furiously to
reclairn the waste and reapply it to the field.
The following describes plans and actions implemented to prevent run-off from
occurring again at JBJ Kilpatrick Farms:
I . We have cleared and prepared an additional 35 acres of land that can be used
as a spray field.
2. We now plant perpendicular to the slope (contour tillage).
3. As much as possible, lagoon level is kept as low as appropriate in order, to be
prepared for the next hurricane. Currently we have 45" of freeboard.
We are committed to 100% compliance with North Carolina regulations. I am very
disappointed that run-off occurred and wi.11 work diligently to prevent a reoccurrence.
Sincerely,
d F. Kilpatrick
Farm Manager
L-n
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• Complete items 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to,
AM -
I
A. Received by (PlEase Print Cleaqy) B. Date. o& Del'
C. Signature
nt
r-,w. AJ 6#4AV Addressee
"IS—Nive" jidaress different frorn item 1? Yes
If f%S, enter delivery address below: No
3. Service Type
C1 Certified Mail Express Mail
Registered Return Receipt for Merchandise
Insured Mail C.O.D.
4. Restricted DelWery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label) / A
7021 -91-2-00001 bL17-0 /Y*,y
PS Form 3811. July 1999 Omesfic Return Receipt to2595-99-M-1789
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ENVIRONMENTAUCHEMISTS, INC
Sample Collection and Chain of Culltda-
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Collected ifi: E5LO,7 e 0-,q 1-1 17' 1
Samnlp Time! I = Infliwnt- t. = RffhiPnt- W 1.90 =Qnil- R%1 Moidap. nthpr!
6602 Windmill Way
Wilmington, NC 28405
Phone- (910) 392-0223
Fax- (910) 392-4424
Sample Identification
Collection
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ANALYSIS REQUESTED
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Transfer
Relinquished BY:
-Patejime!
Received By:
Date/Time
2.
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Delivered By: Received By: Date: Time
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Comments:
'31-lifo?
,Lenvirochem
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CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington, North Carolina 28405
(910) 392-0223 (Lab) - (910) 392-4424 (Fax)
EchemW@aol.com
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: February 25, 2000
127 N. Cardinal Drive Ext.
Wilmington, NC 28405 ]Purchase Order N:
Attn: Greer MeVIcker
REPORT OF ANALYSIS
Date Sampled: 02/10/00
Sampled By: Greer McVicker
STREAM:
Report Number: 0-0435
Report To: Greer McVicker
PARAMETER
Sample 11D
1
2
3
Lab 11D
# 1102
# 1103
N 1104
Fecal Coliform, colonies/] 00ml
430,000
550,000
Nitrate + Nitrite Nitrogen, N% + N% - N mg/L
10.2
9.39
1.94
Ammonia Nitrogen, NH3-N, mg/L
151.2
171.7
0.3
Total Kejeldaht Nitrogen, TKN mg/L
183.4
198.1
1.8
Total Phosphorus, P mg/L
3.30
15.5
0.55
I
Reviewed bQes�-�(Jo- i2li , ="ry-cland approved for re I lean to the client.
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M'� ENVIRONMENTAL CHEMISTS, INC
enviroche
Sample Collection and Chain of Custody
Client: Z)
Collectedly: wvo�ukj-�
SRMDle Tym.-I = Infl ent. E = Effluent. W =Welk'-`ST ----&ream. SO =S il. SL-- Sludee Other:
6602 Windmffl Way
Wilmington, NC 28405
Phone: (910) 392-0223
Fax: (910) 392-4424
Sample Identification
Collection
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Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
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IMPORTANT NOUCE
North Carolim Division of Water Quality (DWQ) is sffictly enforcing EPA regulations for sample coffection
and preservation.
CHent Must Piovide the Following Wormation
1. SAWLE IDENTVICATI (Container Associated with requested testing)
2. SANTLE (Composite� Grab, Water, Soil, etc-)
3.DATE COLLEC
4. TDAE COLLECTED
5. SAAeLE COLLECTOR
6. PRESERVATION (Including Temperature and pH
Temgerature Samples MUST be refrigerated or received on ice between
2 and 6' C Samples received within two (2) hours of collection must show a downward trend.
Therefore, please record temperature at -collection: in space provided on collection sheet,
gH : -A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for
metals samples reported to the Groundwater.Section which must be acidified at the time of collection,
DECHLORINAILON INSTRU
CAUTION: DO NOT Mx thiosulfate with acid in bottle before collecting sample as a
violent reaction will occur.
Dechloxinatinp. Samples that Require Acid Preservation
1. Add 4-5 granules ofthiosuiffite to a bottle with no acid preservative
unpreserved BOD/TSS bottle).
2. After mixing to disslove the thiosulfhte, pour half of the sample mto a bottle contain g acid as a
preservative AmmoniaMG9
3- IMen completely fill both battles with fi-esh sample.
The Laboratory will verify and document the above requested information.
ref �LCAC 2RO805 (a
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At anytime a laboratory receives samples which do not meet sample collection, holding time, or preservation
requiremeds, the laboratory must notify the sample collector or cli" and secure another sample if possible. ff
another sample cannot be secured, the original sample may be analyzed, but the results reported nuia be
qualified with the natum of the inftction(s). And the laboratory must notify the State LAboratory about the
infmction(s). The notification must include a statement indicating corrective actions taken to prevent the
problem fbr future samples.
ref. NCAC 2H.0805 (a) (7) (N).
31- q 07
envirochem
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CONSULTING
CHEMISTS
Environmental Chemists, Inc.
6602 Windmill Way - Wilmington, North Carolina 28405
(910) 392-0223 (Lab) - (910) 392-4424 (Fax)
EchemW@aol.com
NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729
Customer:
NCDENR-DWQ Date of Report: February 28, 2000
127 N. Cardinal Drive Ext.
Wilmingtqn, NC 28405 Purchase Order #:
Attn: Stonewall Mathis
REPORT OF ANALYSIS
Date Sampled: 02/011/00
Sampled By: Stonewall Mathis
STREAM:
Report Number:
0-0447
Report To: Stonewall Mathis
PARAMETER
Sample ID
KUp 1
K Down 1
K 50
K 1141
Lab ID'
# 1146
# 1147
# 1148
# 1149
Fecal Coliform, colonies/100ml
31
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26,000
Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mgfL
1.98
1.91
2.00
1.97
Ammonia Nitrogen, NH3-N, mg/L
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0.5
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Total Phospborus, P mg/L
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1.37
Reviewed bQ-:L,. and approved for release to the client
pppop— MR
IF, enviroehelll"', ENVIRONMENTAL CHEMISTS, INC
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Wilmington, NC 28405
Phone: (910) 392-0223
Fax: (910) 392-4424
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Collection
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Transfer
Relinquished By:
Date/Time
Received By:
Date/Time
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Temperature whe R ed: 1.0'C- Accepted: Rejected: Resample Requestyd:
Delivered BY: Received By: Date: � =/126 Time:
Xomments:
0
M3
EVIPORTANT NOTICE
North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations fbr sample collection
and preservation.
Client Must -Provide the FoRowing Information
1. SAWLE ME_NTIFICATI (Container Associated with requested testing)
1 SAMPLE TYPE (Composite, Grab, Water, SoiL etc-)
3. DATE COLLECTED
4. TEVE COLLECTED
5.SA��LE COLLECTOR
6. PRESERVATIQN (Including Temperature and pH
TeniRerature Samples MUST be refrigerated or received on ice between
2 and 6* C. Samples received within two (2) hours of collection must show a downward trend.
Therefore, please. record temperature at.collection � in space provided on collection sheet.
pH : _A two (2) hour limit to chemically preserve samples by pH adjustment is allowed, except for
metals samples reported to the Groundwater Section which must be acidified at the time of collection,
DECHLORINATION INSTRUCTIONS
CAUTION: DO NOT Mix thiosulfate with acid in bottle before coflecting sample as a
violent reaction will occur.
Dechlorinatina Samples that Reguire Acid Preservation
I. Add 4-5 granules of thiosulfate to a baffle with no acid preservative
( unpreserved BOD/TSS bottle).
2. After mixing to disslove the thiosulfhte, pour half of the sample into a bottle containing acid as a
preservative Aminonia(MN)
3. 'Men completely fiH both bottles with fresh sample.
The Laboratory will verify and document the above requested information.
_ref. NCAC 2H.0805 (a
) (2) M
" At anytime a laboratory receives samples which do not meet sample collection, holding time, or preservation
requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If
another sample cannot be secured, the original sample may be analyzed, but the results reported must be'
quaUfied with the nature of the inftction(s). And the laboratory must notify the State Labonwry about the
infraction(s). The notification must include a statement indicating corrective actions taken to prewnt the
problem for fit= samples.
mf. NCAC 2H.0805 (a) 0 M.
Reviscd January 22, 199,
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number Opera tion is f7agged for a wettable
Farm Name: 3�,l acre determination due to failure of
On -Site Representative: fhlo� (ZIIIDAY�CL Part 11 eligibility item(s) F1 F2 F3 F4
k
Inspector/Reviewees Name: &,�-c
, Othr,�
Date of site visit: 3 1,1 jqq
Date of most recent WUP: (t rj)&P1jq%
_Z Operation not required to secure WA
determination at this time b�qsed on
exemption El E2 E3 CE40
Anndal -farm PAN deficit: _zLtob pounds
Irrigation System(s) - circle #: 1. hard -hose traveler, 2. center -pivot system; 3. linear -move system;
4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe;
6. stationary gun system w1permanent pipe; 7. stationary gun system w/portable pipe
PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.)
El Adequate irrigation design, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 Adequate D, and ' D2/D3 irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an I or PE. '
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist, Part 11 - F1 F2 F3, before completing computational table in Part 111).
PART 11. 75% Rule Eligibility. Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements listed below:
F-1 Lack of acreage which resulted in over application of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation records,
F2 Unclear, illegible, or lack of information/map.
F3 Obvious field limitations (numerous ditches; failure to deduct required
buffer/setback acreage; or 25% of total acreage identified in CAWMP includes
small, irregularly shaped fields - fields less than 5 acres for travelers or less than
2 acres for stationary sprinklers).
F4 WA determination required because CAWMP credits field(s)'s acreage in excess
of 75% of the reSDective field's total acreage as noted in table in Part 111.
R-tvise-d Jainuary 22, . I
Facility Number - 31 _- q6,7 -
Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination
TRACT
NUMBER
FIELD
NUMBER-2
TYPE OF
IRRIGATION
SYSTEM
TOTAL
ACRES
CAWMP
ACRES
FIELD
%
COMMENTS3
0. �4
13.0
1+1
3
Q,
'7 1. 1
W
7
FIELD NUMBER' - hvdrant. oull. zone. c)r Doint numbers mav be used in place of field numbers deDendina on CAWNIP
and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer Will have to combine fields to
calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA
determination.
FIELD NUMBER' - must be clearly delineated on map.
COMMENTS3 - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 50%
of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the
sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible
by irrigation system.
I —
NUTRIENT MANAGEMENT PLAN
Grower(s):
Baird Kilpatrick -
Farm Name:
JBJ Kilpatrick Farms Inc.
County:
Duplin
Farm Type:
Far -Wean
Farm Capacity:
2000
Storage Structure:
Anaerobic Lagoon
Stor2ge Period.,
180 days
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 nuYients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops in the fields whom 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 ftt 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 rate.5, 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 6 or more tons per scre annually, but
tees than 10 tons per ar-re per year providing that adequate filter strips are established.
4- Do not apply waste on saturated soils, when it is raining, or when the surface is frozen.
Either of these conditiona may result in runoff to surface waters which is not allowed
under DWQ regulations.
Page: 11
I ' C' RJ31967UD 16 - 'CH XV9 S N�Ola nd 1' :71 _7Z-aVW
I i NOW 66 a
6. Wind conditions should also be considered to civoid 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 wa5te 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 app�y the animal waste is based on typical nLdrlent content
for this type of facility. In some cases you may want to have plant analysis made, which could
allow additional waste to be applied-. Provisions shall be made for the area receiving waste to
be flexible so as to accommodate changing waste analysis content and crop type. Lime muat
be applied to maintain pH in the optimum range for specific crop production,
This waste utilization plan, If carried out, meets the requirements for oomplionoe with 15A NCAC
2H.0217 adopted by the Environmental Management Commi53ion.
AMOUNT OF WASTE PRODUCSD PER YEAR (gallons, M, tons, etc.):
2000 animals X 3212 gaVanimal/year = 6,424,000 gallons
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs):
2000 animals X 5.40 lbs/animaVyea.r =
10,800.00 lbs
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.
Page. 2
9�9196ZOH M Xvg Q NAOSa Wd 7':Zl NOW 66-ZZ-IVW
The folloWng acreage will be needed for wa5te application based on the crop to be grown.
soil type, and
sufface
application.
First
,�ar -g-611,
"'i
ear rotat on
ITract
IF e d
I
Crop
Ykid
lbs N
Acres
Lbs NiAcc
Lbe N
lbs N
Time to
e
Code
IAG
/unit
Residual
lAc
Rq�Lulred,_Apkly
4288
2(A)
AuB
B
4.7
60.00
13.0
ri-s�
235.0
3055.00
Mar -Oct
4288
-2(A)
AuB
K
1.0
50.00
13.0
50.0
650-00
S-April
'4288
3(8)
NOA
a
5.2
5000
%0
260.0
2600.00
Mar-Oci
14288
-3(0)
NoA
K
1.0
50-00
10'a
50.0
500.00
S-April
14288
e(C)
NoA
0
33.0
4.00
10.0
132.0
1320.00
Jun-S
14288
-B(C)
NoA
N
60.0
2.40
10.0
144.0
1440-00
S-April
14288
S(D)
NoA
0
33.0
4.00
15.0
132.0
1980.00
Jun-S
1 4288
S(D)
NoA
N
60.0
150.00
2.40
15.0
144.0
2160.00
S-April
4288
Ba(D)
NoA
C
6.1
1-5
305-0
610.00
Mar -Oct
C.
F-
1 17
I-
4
4
14
A
i4
14
1
;4
Available N
*Difference
14315.00
10800,00
-3516.00
eco
ract
288
old
2(A)
r
Soil
ype
Crop
�T-�'
Code
r rotation
Yield
Me
16s--N
iunit
Wi-res
-[WWKC---'Lti-5-N
ReSIdU2I
IAC
ReqUl
_T
AuB
B
4.7
50.00
13.o
235.0 13055.
288
-2(A)
AuB
K
1.0
50.00
13.0
50.0
050.0
288
3(B)
NoA
B
5.2
50.00
10.0
260.0
2600.
288
-3(B)
NoA
K
1.0
60.00
10.0
50.0 .
500.0
Z88
B(G)
NOA
D
110.0
1.25
10.0
20.0
117.5
288
8(D)
NoA
0
110.0
1.25
15.0
20.0
.1176.
117.5
1762.
288
8a(D)
NoA
-
C
I
6.1
LI
50.00
I ..
1.5
1 -1
305.0
457.5
-
ToW 4U.b
Available N
*Difference
Time f6-1
red
1
.-APPI"
00
Mar -Oct
0
$-April
00
Mar -Oct
0
S-April
00
Mar -July
50
M3FJUIy
0 Mar -Oct
10200�00
7800.00
-2400,00
This plan does not include commercial fertilizer. 7he form should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator is oautioned that P and K may be over applied while meeting the N requirements -
In the future. regulations may require farmers In some parts of North Carolina to have a nutrient
management plan that addresses all nutrients, This plan only addresses nitrogen.
Page: 3
SL919U016 '01 XV9 C RA02a Wd 7-:Z1 110W 66-�Z-aq
WME
In interplanted fields ( Le. small grain, etr., interseeded in bennuda), 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 f6r hay or silage, care
should be exercised not to lot small grain reach matudty, especially late In the season (i.e.
April or May). Shading may result If small grain gets too high and this will definately interfere
with stand of bermudagrass- This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cuffing small grain for hay or silage just before heading as is
the normal situation, you are encouraged to cut the small grain earlier, You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain Is planted in the fall,
The ideal time to interplant small grain, etc, is late September or early October. Milling is
recommended over broadcasting, Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
Tho following legend explains the crop codes listed in the table above:
clop-c-cde C'm
A
BaFlOy
B
Hybrid Dermudagrass - Grazed
G
Hybrid Dermudagress - Hay
D
Corn - Grain
E
Corn - Silage
F
Cotton
G
Fescue - Grazed
H
Fescue - Hay
Oats
Rye
K
Small Grain - Grazed
L
Small Grain - Hay
M
Grain Sorghum
N
Wheat
0
Soybean
Lhe N ublizedl-unitylaLd
1.6 lbs N / bushel
50 lbs N I ton
50 lbs N I ton
1.26 lbs N / bushel
12 lbs N I ton
0. 12 lbs. N I lbs lint
50 lbs N / ton
50 lbs N / ton
1.3 lbs N I bushel
2.4 lbs N I bushel
100 lbs N I acre
133 lbs N I acre
2,5 lbs N / cwt
2.4 lbs N f bushel
4.0 IbS N / bushel
Acres shown In the preceding table are considered to be the usable acres excluding
required buffers, fifter strips along ditches, odd areas unable to be Irrigated, and perimeter areas
not receivIng full application rates due to equipment limitations. Actual total a-,.re3 In the folds
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilizatlon of animal waste.
Page: 4
� 'I st919RON '01 XV9 '� NAM Wd -c,',:Zl NOW 66-ZZ-IVW
--1
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements. Your producfion facility will produce
approximately 0.84 pounds of plant available nitrogen per animal per year in the
in Mudge based on the application method listed earlier.
If you remove the sludge every 6 years, you will have approximately 8400.00
pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the
rate of 300 pounds of nitrogen per acre. you will need 28.00 acres of land. if you apply
the sludge to corn at a rate of '125 pounds per acre, you will need 87.20 acres of land.
Please be aware that these are only estimates of the PAN and land needed. Aotual requirement
could vary by 26% depending on your sludge waste analysis, soil types. realistic yields, and
applications.
APPLIGATION OF WASTE BY IRRIGATION:
The irrigation application Mte should not exceed the intake rate of the soil at the fime of irrigation
such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of Irrigetion nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation is the method of land applicaWn for this plan, it is the responsibility of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acrea shown in the preceding table. Failure to apply the recommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
The following Is provided as a guide for establishing application rates and amounts,
Tract I Field
2(A)
3(B)
6(c)
B(D)
8a(D)
oil
Tvpe ' CroD
jikpplicatlon Rate
in/hr
Application Amount
inches
1.00
AuB
B.K
0.60
NoA
B,K
0.50
1-00
NOA
DX0
0.50
1.00
NoA
D,N,O
0-50
1.00
NoA
G
0.50
1.00
Page- 6
'673
Lj 16 'CH XV9 3 MOH nd 6':71 NOR -7Z-aVA
I j 66 j
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 months, In no instance should tha volume of the
waste stored in your structure be within the 25 year 24 hour storm storage or one foot of
froeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to ensure that the spreader equipmen
is operated properly to apply the correct rates to ' the acres shown in the tables. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report for assistance in
determining the amount of waste per acre and the proper application prior to applying the waste.
Additional Comments:
Grower is clearing additional acres in fields 2(A) and 3(13) according to AD 1026
and after clearing Is complete these acres will be added to wmp.
This field iS about 751,1(o complete, New acres will be added when coastal is
established,
�L
C .4
1 S�9196?016 '01 m NAO � a Ad V:Z1 low 66-H-M
NUTRIENT MANAGEMENT PLAN CERTIFICA70N
Name of Farm: JI3J Kilpat(ick Farms Inc.
Owner/Manager Agreement: Baird Kilpatrick
I/we understand and will follow and Implement the speoffications and the oper2tion and
maintenanoo prooeduree established in the approved animal waste nutrient management
plan for the farm named above. I/we know that any expansion to the existing design capacity
of the waste treatment and/or storage system. or construction of new facilities, wil I require a
new nutrient management plan and a new certification to be submitted to 0WQ before the new
animals are stocked.
11we undemtand that I must own or have a0cess to equipment, primarily irrigefion equipment
to land apply the animal waste described in this nutrient management plan, This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoo
in the everd of a 26 yaar 24 hour storm. I also certiN that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be riled on site at the farm office and at the office of tho local Soil and Water
Conservation District and will be available for review by NCDWQ upon requast.
Name of Facility Owner, _,e JBJ
Signature:
Narne of ManAg-er (if different from!6wner):
Signatura:
Name of Technical Specialist.
Affiliation:
Address:
Signature:
Telephone:
Inc.
Please Print
Jimmy R. Vinson
Brown's of Carolina, Inc.
P.O. Box 487
Warsaw, NO 28390
(910) 293-2984
Daw
Date
Pag a: 7
73 1 E, 'CH -
Su' 9 19 6 3 NAOdd Nd �':71
1 .1 110A 66-'Z-aVA
M-22-99 MOM 1rz': '5 Py BROWN S
M �My 24 EW
PO D= 487
vvww*, Nc mm"T
Voko, (M) 2W1 800
Fax (910) 29"188
Fax
FAX NO. 9 1 C2. 9 61 E75
BROWN
OF CAROLINA
TM e FnM
Fam Pagou
pb� Dato 2-
M
0 "Got a4;'Roview cl Ps"" ommment 0 Pleamse Reply 13 IPIo=o Recycle
commonbm
A) eA.>
�4-e�
11h4
5WE
31 - Lqo�
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
COMPLAINTIEMERGENCY REPORT FORM
WMMINGTON REGIONAL OFFICE
Received by: D&Ve pate/7'Ime: 14-7 A? I
- RjePort Rx=eivied F-am: C- tin e)%j LOJ161,
Agemar:— S6�-e- L, Phone No.
compi-i—t.-
Address: Phone No.
CCXEp7ai13r- Or IMCident: F4,0"4 A4- Znkv,�":(
6� e-"r, lbsiv Sb �jf OVe-<k-0111tL r0l(t�- C-"p.
I
Tijw and Date occuz=ed:
Locatico of Area Affected:
Surface Waters Znvolved: Groundwater Involved: Other:
other Age=Lr-ies1Sectirm--r lVotifled:
lirvestigation Del—i7s: &ioys, t&)"r, iylvklhqe,�� reonjaZtj rk 17-7_lq(f-
M I �2-111 I I laq� M
-A &�
Inv-estigator: Dare:
EPA Rq= fV (404)347-W2 Pcrfic&gs 733-3556 Emergency Marzagenunt 733-3867 WM`ff Resourca 733-7291
Soad =a H.:,,,dour wwu 73j-2178 Mwine Faheries, 726-7021 Water Supply Branch 733-2321 U.S. Cwn C-ad MSO 343-agl
v w,,,s v,
L-'e V'E � -��
127 i.al Drive Extension. Wilrnington. N.C. 28405-3845 Telephone 910-395-3900 lb Fax 910�350-:004
OL �13 - �,J LL Cl-_q 0
12-S An Equal Opportunity Affirrmtive Action Ernpioyer
1A r- �- -�� , ^-% I ) � 4-. +,-,L t1-- f I " o� 1 121
A- L
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
1650 S. NC 50 Hwy.
Magnolia NC 28453
Dear Baird Kilpatrick:
EcErvErY
JUL 0 2 1998 Noah
NCDENR
NoRTH CAROLINA DEPARTmF-NT OF
ENVIRONMENT AND NATURAL RESOURCES
June 26, 1998
Subject: Reissuance of Certificate of Coverage
No.AWS310407
JBJ Kilpatrick Farms Inc
Swine Waste Collection, Treatment, Storage and
Application System
Duplin County
The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to
this facility on December 11, 1997. In accordance with the issuance of the revised General Permit, we
are forwarding this Certificate of Coverage (COC) to Baird Kilpatrick, 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 JBJ Kilpatrick Farms Inc, located in Duplin
County, with an animal capacity of no greater than 2000 Farrow to Wean and the application to land as
specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
COC No AWS310407 dated December 11, 1997. The COC shall hereby incorporate by reference any
specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow
coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay
particular attention to Condition 11. 10 regarding tree removal ftom lagoon embankments, Condition III. I
regarding inspection frequency of the waste treatment, storage and collection system and Condition 111.6
regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC,
you are authorized and required to operate the system in conforri-lity with the conditions and limitations
as specified in the General Permit, the facility's CAVv`MP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the
General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive
relief
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
-Certificate- of Coverage AWS310407
JBJ Kilpatrick Farms Inc
Page 2
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership -
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wiln-iington Regional Office. The Regional Office Water
Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this
COC or the General Permit, please contact J. R. Joshi at (919) 733-5083 ext. 363.
Sincerely,
for A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Duplin County Soil and Water Conservation District
Permit File
State of North Carolina
Department of EnVironment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
Rt 1 Box 1722
Magnolia NC 28453
A,If law XA
0
wwaosm
MOM
E)EEHNFR
SUBJECT Notice of Violation
Designation of Operator in Charge
JBJ Kilpatrick Farms Inc
Facility Number 31-407
Duplin County
Dear Mr. Kilpatrick:
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form foryour
facility. Our records indicate that this completed Form has not yet been returned -to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but.in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator..
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at (919)733-0026.
Sincerely,
�Vw 'N. Ott
for Steve W. Tedder, Chief
Water Quality Section
bb/awde-sleti
cc: Wilmington Regional Office
Facility File
Enclosure
P.O. Box 29535. FAX 919-733-2496
C An Equal Opportunity/Affirmahve Action Employer
Raleigh, North Carolina 27626-0535 NNW
Telephone 919-733-7015 50% recycles/ IQ% post -consumer paper
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following services (for an
extra fee):
card to you.
wAttach fts form to thoe ftm of the mallpiece, or an the back tf space " not
1 - 0 Addressee's Address
permit.
2 Write'Return Receipt RaquesteT on the maUpiece below the artida number.
2. 0 Restricted Delivery
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PS Form 3811,' December 1994
10259&97-[3-0179 LJOinestic Hetum
CP
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Nvision of Water Quality Wayne McDevitt
Governor
October 10, 1997
4 -01 = no a 1Z... -
Baird Kilpatrick.
JBJ Kilpatrick Farms, Inc.
1650 NC 50 S.
Magnolia, North Carolina 29453
Dear Mr. Kilpatrick:
Secretary
Subject: NOTICE OF DEFICEENCY
JBJ Kilpatrick Farms, Inc.
Facility Number: 31-407
Duplin County
On October 7, 1997, staff from the Wilmington Regional Office of the Division of Water Quality
inspected your animal operation and the lagoon serving this operation. During the inspection, it was
observed that erosion on the wall of your lagoon could eventually threaten the integrity of the structure. This
erosion should be corrected, and all bare areas on the lagoon wall should be revegetated. We suggest that
you contact your service company, local NRCS office, or Soil and Water District office for any assistance
they may be able to provide to correct this situation.
You must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions
are being taken to correct this deficiency. Failure to do so may result in the facility being required to obtain
an individual non discharge permit.
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the
surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000 per day per violation.
127 Cantinal Drive Exterdson, Wihnin&n, N.C. 28405-3845 0 Telcphone 91D-395-390D 0 Fax 910-350-2004
An Equal Opportunity Affirmative Axhon Employer
Baird Kilpatrick
October 10, 1997
Page 2
If you have any questions concerning this matter, please call Andy Helminger, David Holsinger, or
Brian Wrenn at 910-395-3900.
Sincerely,
Andrew G. Hehninger
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Jimmy Vinson, Brown's of Carolina, Inc.
Operations Branch
,Wilmington Files
S. I WQ?SUMYA131-40ZDEF
Date of Inspection
Facility Number I
Time of Inspection 17:30 124 hr. (hh:mm)
Permitted U Certified [3 Conditionally Certified E3 Registered 113 Not Operat Date Last Operated: ... .......................
Farm Name: M10palricklArnifilm ....................................................................... County: Auplia ............................................... W.jRQ .........
Owner Name: Baird ........................................ Kilpaftl& ................ . ............................... ..Phone No: ......................
FacilityContact: .............................................................................. Title . ................................ ...... I ........................... Phone No: ...................................................
Mailing Address: 16M.S.M.M.Ewy . ........................................................................... UL&.N.0 ....................................................... 2.8.453 .............
OnsiteRepresentative: .............................................................................................................. jjntegrator: . .................................
"'Operator Certification Number: .1223.8 .............................
Certified Operator: Bakd..F . ................................. Kfiliatrick .....................................
Location of Farm:
milesjuirlh.aURIML ..................... . ..... 11 ............................................... I ...... I .............................................. k
............................................................ .............................. . ......................................................... ................................................................................... 1—.1 .........................
Longitude F 77
Latitude a F-53 0
Subsurface Drains Present 11[1 Lagoon Area IN Spray Field Area
tie.Aff
rod s
No Liquid Waite Management System
.. ..... ... ft -.1 . . ...........
Discharges L Stream Impacts
I Is any discharge observed from any part of the operation? El Yes U No
Discharge originated at: ElLagoon C]SprayField nOth�r
a. If discharge is observed, was the conveyance man --made? 11 Yes E] No
b. If discharge is observed, did it reach Water of the . :State? (If yes, notify DWQ) (3 Yes [] No
c. If discharge is observed, what is the estimated flo-VY-M gal/min?
d. Does discharge bypass a lagoon system? (If yes,.notify DWQ) D Yes El No
2. Is there evidence of past discharge from any part of the operation? [] Yes E) No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? [I Yes No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? El �Pillway 0 Yes D No
Structure I Structure 2 Structure 3 , Structure 4 Structure 5 Structure 6
Identifier: ................................... ................................... .................................... ................................... ................................... ...................................
Freeboard(inches): .................................... .................................... ................................... .... M
.......... --- .............. ......... * ........... ............ ....................................
5. Are there any immediate threats to the hitegrity of any of the structures observed9 (ie/ trees, severe erosion,
0 Yes D No
seepage, etc.)
3/23/99 Continued on back
Facili
ty Number. 31-407 Date of Inspection
67�fK__Q1_
e7 there structures� on -site which are not property addressed and/or managed through a waste management or
closure plan?
(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?
8, Does any part of the waste management system other than waste structures require maintenancelimprovement?
9. Do any stuctures lack adequate, gauged markers with required maximurn and minimum liquid level
elevation markings?
Waste Applicatio
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? El Excessive Ponding [I PAN.
12. Crop type
2110120007
0 Yes
0 No
[] Yes
E] No
0 Yes
0 No
El Yes
0 No
0 Yes
El No
0 Yes
0 No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWNW)? Yes El No
14, a) Does the facility lack adequate acreage for land application? El Yes El No
b) Does the facility need a wettable acre determination? El Yes 0 No
c) This facility is pended for a wettable acre determination? E] Yes [] No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Reguired Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the CeTtified Animal Waste Management Plan readily available?
(ie/ VAR, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste anal ysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General'Permit?
(ie/ discharge, freeboard problems, over application) 1.
23. Did Reviewer/hispector fail to discuss review/inspection with on -site repreg6tative?
24. Does facility require a follow-up visit by same agency?
2S. Were any additional problem noted which cause noncompliance of the Certified AWMP?
;A -N&irrwfafibi� 6r'cfefiiiiiicici-�vi!ie'iioieii'dui-iii� Oii-�iki;'Viii �vflfriieiyi �nio 1ftirA&'-' -
............................... .........................
......................
El Yes 0 No
E] Yes [] No
El Yes 0 No
[_1 Yes No
E] Yes No
• Yes El No
• Yes El No
E] Yes E] No
[] Yes E] No
0 Yes El No
0 Yes 0 No
Hunkele (DWQ) received a discharge complaint on this facility and referred'it to me at approximately 5:00 p:ni on 2/1012000.
(GTeff-DWQ) got to area of complaint at approximately 5 30 p:m on 2/10/2000 and found the dithes at Hwy 50 and SR 1141 (Stockii
lead Rd.) filled with waste. It was getting dark by the time I found the discharge� �nd I was unable to really get a good
iea as to the point of discharge. I felt sure that the waste was more that likely coming straight off sprayfield beside ditch filled with
w'"Ilowing. I did take samples and took them
iaste, although I counidn't see (due to darkness) how far or from where waste 'as
lab. I did report back to facilty on next moming, and met with Stoney Mathis -.DWQ, BOC (Jimmy Vincent), and 1�&. Kilpatrick for
rther investigation. 1 1,
....................... ........... ..............
. . .. . . . . . . . . . . . .
Reviewer/Inspector Name
............ .......... ......
I .................. r . ........ ....... .....
Reviewer/Inspector Signature: Date:
J.B.J. Kilpatrick Farms, Inc.
1650 N.C. 50 South
Magnolia, N.C. 28453
(910)296-1981
DATE: Oct. 23, 1997
Andrew G. Helminger
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Dear Mr. Helminger,
R.EcErVED
OCT 2 7 1997
B Y 77
Subject: NOTICE OF REPAIR
After your inspection on October 7, 1997, we used your suggestions of how to
repair the washed out and bare areas on the lagoon. As of October 23, 1997
J.B.J. Kilpatrick Farms, Inc. has completed the repairs and have revegetated
the lagoon. We look forward to your reinspection of our facility.
Sincerely,
aird F. Kilpal
Vice President
c:ww/Lagoon
State of North Carolina
Department of Environment
and Natiaral Resources
DivNion of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
1650 S. NC 50 Hwy.
Magnolia NC 28453
Dear Baird Kilpatrick:
0
NCDENR
NORTH CAROLINA DF-PARTmENT oF
ENVIRONMENT AND NATURAL RF-SOURC—
December 30,1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 31-407
Duplin County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forrns (i.e. IRRI, IRR2, DRYI, DRY2, DRY3, SLUR], SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at (919) 733-5083 ext. 571.
ince
S x
Kerr T. Stevens, Director
Division of Water Quality
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Afflrnntive Action Employer 50% recyde&10% post-cGns-umer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
Rt 1 Box 1722
Magnolia NC 28453
'1DEiHNFZ
SUBfECT: Notice of Violation
Designation of Operator in Charge
JBJ Kilpatrick Farms Inc
Facility Number 31-407
Duplin County
Dear Mr. Kilpatrick:
You were notified by letter dated November 12, 19 96, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at (919)733-0026.
Sincerely,
for Steve W. Tedder, Chief
Water Quality Seciion
bb/awdesleti
cc: Wilmington Regional Office
Facility File
Enclosure
P.O. Box 29535, 4 FAX 919-733-2496
C An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27626-0535 N
Telephone 919-733-7015 -- 50% recycles/10% post -consumer paper
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmin&n Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Secretary
October 10, 1997
: =71-linT. k 11" - I 1 0 0
W - -'T 4, 17T V-1 9 - t f 7 n. n' a ""'f -1-1 V. 1: ,, I - I
Rom
Baird Kilpatrick
JPJ Kilpatrick Farms, Inc.
1650 NC 50 S.
Magnolia, North Carolina 28453
Dear Mr. Kilpatrick:
Subject: NOTICE OF DEFICIENCY
JBJ Kilpatrick Farms, Inc.
Facility Number. 31-407
Duplin County
On October 7, 1997, staff from the Wilmington Regional Office of the Division of Water Quality
inspected your animal operation and the lagoon serving this operation. During the inspection. it was
observed that erosion on the wall of your lagoon could eventually 9=ten the integrity of the structu�. This
erosion should be corrected, and all bare areas on the lagoon wall should be revegetated. We suggest that
you contact your service company, local NRCS office, or Soil and Water District office for any assistance
they may be able to provide to correct this situation.
You must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions
are being taken to correct this deficiency. Failure to do so may result in the facility being required to obtain
an individual non discharge permit.
Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the
surface waters of the Stft without a permit. 11e Division of Water Quality has the authority to levy a civil
penalty of not more than $10,000 per day per violation.
127 Cardmal Driwe Extension, Wilmington, N.C, 29405-3945 a Telephone 910-395-3900 a Fax 910-3-50-2004
An Equid Opporumity Affumative Xction Fjoployer
I
Baird Kilpatrick
October 10, 1997
Page 2
If you have any questions concerning this matter, please call Andy Helminger, David Holsinger, or
Bdan Wrenn at 910-395-3900.
'. 7, Sincerely,
Andrew G. Hehninger
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Sandra Weit zel, NC Division'of Soil and Water Conservation
Jimmy Vinson, Brown's of Carolina, Inc.
Operations Branch.
.i.Wilmington Files
S.IWQ5WMYAUI-40ZDEF
U
I
RECEIVED
OCT 2 7 1997
J.B.J. Kilpatrick Farms, Inc. BY.-
1650 N.C. 50 South
Magnolia, N.C. 28453
(910)296-1981
DATE: Oct. 23, 1997
Andrew G. Helminger
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Subject: NOTICE OF REPAIR
Dear Mr. Helminger,
After your inspection on October 7, 1997, we used your suggestions of how to
repair the washed out and bare areas on the lagoon. As of October 23, 1997
J.B.J. Kilpatrick Farms, Inc. has completed the repairs and have revegetated
the lagoon. We look forward to your reinspection of our facility.
Sincerely,
aird!F. Kflpat
Vice President
c:ww/Lagoon
,4 1
0
[,� �e 0
11.
State of North Carolina
VED
Department of Environment, Health and Natural Al"WK),
Division of Water Quality %)ctMON
Non -Discharge Permit Application Form / Survey SEP 15,1997
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN OR'11Nf&_()l!sCha,-.
General Permit - Liquid Animal WAste Operations
The following questions have - been completed utilizing information on rile with the
Division. Please review the information for completeness and make any corrections
which are appropriate. If a question has not been completed by the Division, please
complete as best as possible. Do not leave any q Fziq���
Application Date: - 9-1n-�7
DEC 17 1997
REQUIRED ITEMS CHECKLIST " I
Please indicate that you have included the following required iterifs by signing your initials in the space provided next to each
item.
1. One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Ccrtified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
for animal waste operations.
GENERAL INFORMATION:
1. Farm's name: JBJ Kilp
2. Print Land Owner's name:
3. Land Owner's Mailing address: 1650 S. NC 50 Hwy.
City: Magnolia NC Zip: 28453
Telephone Number: Q) :296int;qel a2�e,
4. County where farm is locatca:
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a count d r ith the location of the farm identified): West �ide of Hwy. 50 approx. 5 miles south of Kenansville,
NC. Stockin Creek.
6. Print Farm Manager's name (if different from Land Owner): - 44.41--
Lessee's / Integrator's name (if applicable; please circle which type is listed):
An
1 3
1 -407
FORM: AWO-G-E 2/26/97 Page 1 of 3
III. OPERATION INFORMATION:
1. Farm No.: 31-407
2. Operation Description: Swine operation
Farrow to Wean
2000 - Certified Design Capacity
Is the above information correct? llxyes; El no. If no, correct belAv using the design capacity of the facility -
Type of Swine No. of Animals Type of.Poultry No. of Animals Type of Cattle No. of Animals
0 Wean to Feeder 0 Layer
0 Feeder to Finish 0 Non -Layer
0 Farrow to Wean (# sow) 0 Turkey
0 Farrow to Feeder (# sow)
0 Farrow to Finish (#sow)
Other Type of Livestock on the farm:
0 Dairy
k16;_-f I R- - -9
o. of Animals:
3. Acreage cleared and available for application: 79.20 ;Required Acreage (as listed in the CAWMP):
4. Number of Lagoons: __J_ ;Total Capacity: 12:2 Cubic Feet (f . t3)
- Number of Storaae Ponds: AM ; Total Capacity- Cubic Feet (0)
J� 41-A
5. Is animal waste being applied on any field which has subsurface drains? YES orl�� (please circle one)
6. Are subsurface drains present in the vicinity of or under the Jaggoon? YES or<�please circle one)
IV. APPLICANT'S CERTIFICATION:
azX 1) F__ /If zz tztz&22�1_ (Land Owner's name listed in question 11-2), attest that
this application for 73F-, �3 U-, -K -r- Z, f — ---i , .1)
�a7�� 17::;6W jk% Z� (Farm name listed in question Il
has been reviewed by me and is accurate and complete to the best of my knowledge. 'I understand that if all required parts of this
application are not com
2leted and that if all required tinu info tion and attachments are not included, this application package
will be returned to_wr[57ds incompiate—_7
Signature
V.
1.
Am
GER'S CERTIFICATION: (complete only if different from the Land Owner)
(Manager's name listed in question 11.6), attest thanhis
application for (Farm name listed in question 11. 1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
C,
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMA-nON AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: (919) 733-5083
FORM: AWO-G-E 2/26/97 Page 2 of 3
NUTRIENT MANAGEMENT PLAN
Grower(s):
Baird Kilpatrick
Farm Name:
JBJ Kilpatrick Farms, Inc.
County:
Duplin
Farm Type:
Far -Wean
Farm Capacity:
2000
Storage Structure:
Anaerobic Lagoon
Storage Period:
180 days
Application Method:
Irrigation
The waste from your animal fadlity must be land applied at a specified rate to prevent pollution
of surface water and/or groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed
before each application cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste, Do not apply more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall be applied to land eroding at less than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, but
less than 10 tons per acre per year providing that adequate filter strips are established.
4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen.
Either of these conditions may result in runoff to surface waters which is not allowed
under DWQ regulations.
Page:
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 dorman6y. 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. In some cases you may want to have plant analysis made, which could
allow additional waste to be applied. Provisions shall be made for the area receiving waste to
be flexible so as to accommodate changing waste analysis content and crop type. Lime must
be applied to maintain pH in the optimum range for specific crop production.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.):
2000 animals X 3,212 gal/animal/year =
6,424,000 gallons
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs):
2000 animals X 5.40 lbs/animal/year =
ill��f IZ-
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.
Page: 2
0
The following acreage will be needed for waste application based on the crop to be grown,
soil type, and surface application,
First Year of Two Year Rotation:
Tract
Field
Soil
Type
Crop
Code
Yield
/Ac
lbs N
I /unit
Acres
Lbs N/Ac
Residual
Lbs N
/Ac
lbs N
Required,
Time to
Apply
4288
2(A)
AuB
B
4.7
50.00
15.0 235.0
3525.00
Mar -Oct
4288
-2(A)
AuB
K
50-00
15.0 50.0
750.00
S-April
4288
3(B)
NoA
0
33.0
4.00
.6.0 132.0
792.00
Jun-S
4288
-3(B)
NoA
N
60.0
2.40
6.0 144.0
864.00
S-April
4288
6(C)
NoA
0
33.0
4.00
12-0 132.0
1584.00
Jun-S
4288
-6(C)
NoA
N
60.0
2.40
12.0 144.0
1728.00
S-April
4288
8(D)
NoA
D
110.0
1.25
16.0 20.0 117.5
1880.00
Mar -July
4288
8a(D)
NoA
G
6.1
50.00
2.0 305.0
610.00
Mar -Oct
Total 54.0
Available N
*Difference
-5��
First -Year of Two Year Rotation:
11733.00
10800,00
-933.00
Tract
Field
Soil
Type
Crop
Code
Yield
/Ac
lbs N
/unit
Acres
Lbs N/jAc I Lbs N
Residual I /Ac
Ibs N
Required
Time to
Apply
4288
2(A)
AuB
B
4.7
50.00
15.0 1235.0
3525.00
Mar -Oct
4288
-2(A)
AuB
K
50.00
15.0 i 50.0.
750.00
S-April
4288
3(B)
NoA
D
110.0
1.25
6.0 20.0 1 117.5
705.00
Mar -July
4288
6(C)
NOA
D
110.0
1.25
12.0 20�O 1117.5
1410.00
Mar -July
4288
8(D)
NoA
0
33.0
4.00
16.0 � 132.0
2112.00
Jun-S
4288
-8(D)
NOA
N
60.0
2.40
16.0 1144.0
2304.00
S-April
4288
8a(D)
NoA
C
6.1 '
50.00
2.0 305. 0
610.00
Mar -Oct
Total 54.0
Available N
*Difference
11416.00
10800,00
-616.00
-indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer
Page: 3
btinuals:
*A negative number reflects the total lbs of additional nitrogen needed to achieve yields on
acreage listed in chart. A positive number means additional acreage is required to utilize the
nitrogen produced by the farm.
NOTE: I
This plan does not include, commercial fertilizer. The farm should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator is cautioned that P and K may be over applied while meeting the N requirements.
In. the future, regulations may require farmers in some parts of North Carolina to have a nutrient
management plan that addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed
through grazing, hay, and/or silage. Where grazing, plants should be grazed when they
reach a height of six to nine inches. Cattle should be removed when plants are grazed to a
height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care
should be exercised not to let small grain reach maturity, especially late in the season (i.e.
Apdl or May). Shading may result if small grain gets too high and this will definately interfere
with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cutting small grain for hay or silage just before heading as is
the normal situation, you are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late September or early October. Drilling is
recommended over broadcasting. Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
The following legen-d explains the crop codes listed in the table above:
Crop Code
cmp-
Lbs N utilized / unit yield
A
Barley
1.6 lbs N / bushel
B
Hybrid Ber-mudagrass - Grazed
50 lbs N / ton
C
Hybrid Bermudagrass - Hay
50 lbs N / ton
D
Com - Grain
1.25 lbs N / bushel
E
Corn - Silage
12 lbs N / ton
F
Cotton
0.12 lbs N / lbs lint
G
Fescue - Grazed
50 lbs N / ton
Page: 4
H
Fescue- Hay
I
Oats
i
Rye
K
Small Grain - Grazed
L
Small Grain - Hay
M
Grain Sorghum
N
Wheat
0
Soybean
50 lbs N / ton
1.3 lbs N bushel
2.4 lbs N bushel
100 lbs N /acre
133 lbs N I acre
2.5 lbs N / cwt
2.4 lbs N / bushel
1 4.0 ibs N / bushel
Acres shown in the preceding table are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas
not receiving full application rates due to equipment limitations, Actual total acres in the fields
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilization of animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements. Your production facility will produce
approximately 0.84 pounds of plant available nitrogen per animal per year in the
sludge based on the application method listed earlier for the finishing unit and 1 pound for the
sow farm.
If you remove the sludge every 5 years, you will have approximately 12609.60
pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the
rate of 300 pounds of nitrogen per acre, you will need 42.03 acres of land. If you apply
the sludge to corn at a rate of 125 pounds per acre, you will need 100.88 acres of land.
Please be aware that these are only estimates of the PAN and land needed. Actual requirements
could vary by 25% depending on your sludge waste analysis, �soil types, realistic yields, and
applications.
APPLICATION OF WASTE BY IRRIGATION:
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation
such that runoff or ponding occurs. This rate is limited by initial Soil Moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irTigation is the method of land application for this plan, it is the responsibility of the
Page: 5
pToducer,and irrigation desif---nr to ensure that an irrigation systerr--7-- installed to properly
irrigate the acres shown in ti,. preceding table. Failure to apply the .-ecommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
The following is provided as a guide for establishing application rates and amounts.
Tract
Field
Soil
I Type
Crop
Application Rate Application Amount
in/hr Aches
0.60 1.00
4288
2(A)
AuB
B
4288
—2(A)
AuB
I
K
0.60 1,00
4288
3(B)
NoA
IDNO
0.50 1.50
4288
6(C)
NoA
DNO
0.50 1-50
4288
8(D)
NoA
DNO
0.50 1.50
4288
8a(D)
NoA
C
0.50 1.50
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen. allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximurn
application amount shown can be applied under optimum soil conditions.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 months. In no instance should the volume of the
waste stored in your structure be within the 25 year 24 hour storm storage or one foot of
freeboard except in the event of the 25 year 24 hour storm.
It is the responsiability of the producer and waste applicator to ensure that the spreader equipment
is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report for assistance in
deter -mining the amount of waste per acre and the proper application prior to applying the waste.
Additional Comments:
Grower is clearing additional acreage in fields 2(A)-and 3(8) to be planted in crops listed and
irrigated as listed for these fields.
Crop rotation to begin in fall of 1997.
Page: 6
NUTRIENT hr NAGEMENT PLAN CERTIFIC TION
Name of Farm: JBJ Kilpatrick Farms, Inc.
Owner]Manager Agreement:
Itwe understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste nutrient management
plan for the farm named above. Itwe know that any expansion to the existing design capacity
of the waste treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a new certification to be submitted to DWQ before the new
animals are stocked.
I/we understand that I must own or have access to equipment, primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Ow
Signature:
Name of Manager (if different from owner):
Signature:
Name of Technical Specialist:
Affiliation:
Address:
Telephone:
Signature:
Please Print
Date
Jimmy R. Vinson
Brown's of Carolina, Inc.
P.O. Box 487
Warsaw, NC 28398
(910) 293-2984
UZ4�
Date
Page: 8
. q,
0
INA
J B J, KILPATRICK FARMS, INC.
2000 SOW FARROW TO WEAN FARM
N.C. HIGHWAY # 50 - DUPLIN COUNTY
ljill�-mk� I lkjlN 0 - FROM KENNNSVILLE TAKE HIGHWAY # 50 SOUTH
TOWARDS CHINQUAPIN. FARM WILL BE 5 MILES FROM KENANSVILLE ON THE
RIGHT (JUST PAST THE INTERSECTION OF SR # 1737 DOBSON CHAPEL ROAD) .
MAILING ADDRESS: SHIPPING ADDRESS:
J.B.J. KILPATRICK FARMS, INC. J.B.J. KILPATRICK FARMS
RT. 1 BOX 1722 N.C. HIGHWAY # 50
MAGNOLIA, NC 28453 MAGNOLIA, NC 29453
TELE: (910) 296-1715
BROWN'S OF CAROLINA. VC.
303 EAST COLLEGE STREET - PO,BOX487 - WARSAW.NC 25398-0487 - OFFICE: (910)293-2181 - FAX:(910)293-4726
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
December 12, 1997
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
1650 S. NC 50 Hwy.
Maanolia NC 28453
A I KTJ
4
mom
RECEIVED DEC 1 5 1997
Subject: Certificate of Coverage No. AWS310407
C!
JBJ Kilpatrick Farms Inc
Swine Waste Collection, Treatment, Storage
and Application System ID
Duplin County
Dear Baird Kilpatrick:
In accordance with your application received on September 15, 1997, we are forwarding this
Certificate of Coverag I
ge (COC) to Farm No. 31-407, authorizing the opendtion of an animal waste
collection, treatment, storage and land application system in accordance with the State's General Permit
(attached). This approval shall consist of the operation of this system including, but not limited to, the
management of animal waste from the JBJ Kilpatrick Farms Inc, located in Duplin County, with an animal
capacity of no geater than 2000 Farrow to Wean and the application to a minimum of 54 acres of land as
specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until December 3 1, 200 1. 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 discharae of
0
wastes to surface waters. An adequate system for collecting, and maintaining the re�uired monitoring data
and operational information must be established for this farm. Any increase in waste production greater
than the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual
increase in either wastewater flow or number of animals.
In accordance with General Statue 143-215.10C, Animal Waste Management Plans shall include
the followin '- components:
- A checklist of odor sources and best manaLyement practices to minimize these sources.
- A checklist of insect sources and best management practices to minimize these sources.
- Provisionsset forth for acceptable methods of disposing of mortalities.
1P
- Provisions re2arding emergency action plans.
Your existing Certified Animal Waste Management Plan must include the above elements, by
December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal
of the amended certification statement shall be required upon renewal of your permit coverage in 2001.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CAWMP may result in the revocation of this COC.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Certificate of Coverage AWS310407
I
JBJ Kilpatrick Farms Inc
Page'?
Z�
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatticafly transferable. A name/ownership change application must be
submitted to the DWQ prior to a name chanoe or change in ownership.
I
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
bindin'-.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality
Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the
General Permit, please contact Mike Lewandowski at (919) 7' )3-5083 ext.(extension).
Sincerely,
A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
�Wiliiln_ K�e::Lw
gtonre,—gi�n-A-Off-i ater-Qai SEctioE:D
Duplin County Soil and Water Conservation Dist-rict
Permit File
State of North Carolina I f zl��oi -V—E
Department of Environment,
Health and Natural Resources JUL 1 8 1997
Division of Water Quality BY:
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr.,. P.E., Director
July 16, 1997
CERTIFIED MAIL
RETUWN RECEIPT REQUESTED
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
1650 S. NC 50 Hwy.
Magnolia NC 28453
Farm Number: 31-407
Dear Baird Kilpatrick:
4
%ftwooft
mwsw�llk' M
C) FE F1
You are hereby notified that JBJ Kilpatrick Farms Inc, in accordance with G.S. 143-215. 1 OC,
must apply for coverage under an Animal Waste Operation General Pennit. Upon receipt of this letter,
your farm has thirty (30) days to submit the attached application and all supporting documentation. In
accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section
19(c)(2), any owner or operator who fails to submit an application by the date specified
by the Department SHALL NOT OPERATE the animal waste system after the specified
date. Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit
the application as required may also subject your facility to a civil penalty and other enforcement actions
for each day the facility is operated following the due date of the application.
The attached application has been partially completed using information liste:d in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package. The
signed original application, one copy of the signed application, two copies of a general location map, and
two copies of the Certified Animal Waste Management Plan must be returned to complete the application:
package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Permits and Engineering Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any question. concerning this letter, please call Mike LewandoWski'at (919) 733-5083
extension 362 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900.
Sincerely,
1�- A. Preston Howard, Jr. , P.E.
cc. Permit File (w/o encl.)
Wilmington Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consume r paper
State of North Carolina ' R-ECEIVZED
Department of Environment, *
P
Health and Natural ResourCE �S R
Division of Water Quality APR 14 1997
Y�
James B. Hunt, Jr., Governor 11 BY --
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Direcfor
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
1650 S. NC 50 Hwy.
Magnolia NC 28453
Dear Mr. Kilpatrick-,
April 7,1997
1DEiHNF;Z
SUBJECT: Notice of Violation
Designation of Operator in Charge
JBJ Kilpatrick Farms Inc
Facility Number 31-407
Duplin County .
You were notified by letter dated Novemb ' er 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed'Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at (919)733-0026,.
Sincerely,
)", -#. 'X - 4, �—
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Wilmington Regional Office
Facility File
Enclosure
P.O. Box 29535, FAX 919-733-2496
Raleigh, North Carolina 27626-0535 N C An Equal Opportunity/Affirmahve Action Employer
Telephone 919-733-7015 V �12 50% recycles/10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13,1996
Baird Kilpatrick
JBJ Kilpatrick Farms Inc
Rt I Box 1722
Magnolia NC 28453
SUBJECT: Operator In Charge Designation
Facility: JBJ Kilpatrick Farms Inc
Facility ID#: 31-407
Duplin County
Dear Mr. Kilpatrick:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996,
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at91gn33-0026.
Sincerel
A. Preston Howard, Jr., P.E., Director
Division 6f Water Quality
Enclosure
cc: Wilmington Regional Office
Water Quality Files
Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer
P.O. Box 27687. - N
Voice 919-715-4 100 500% recycled/ 100% post -consumer paper
L s!
R MW OR WrPANDLM FERMOT k, 1^9
A-'N-=AL WAtTz X&bMC3NZNT PZ.V4 CRAT::IPICATION F0 4
Please return tILS cozMpleted fo= to tbLe D.JVJJI.J= of zavirc=antal Vanagrommmt ak__
the add--saa = the reverse side of tais f o=. Q) U A L 'I T?
MUM BRANCH,
Name of fa= (PlegLpe Print)
Address: A6 / -A-Wt 177-2-
- - a- - - County: 10t-021 i&I
Farm location: Latitude and Longitude A_lso,
please attach a copy of a county road map with location identified.
Type of operation (swine, layer, dairy, etc.): -5W�
Design capacity (number -of animals): '200jo 4 Wfa"t,
Average size of operation'(12 month populatiory//ayg.)Z 'Woo 564d
Average acreage needed for land application of waste (acres)2_
Te-1-1cal Specialist Certification
As a technical specialist designated by the North Carolina Sail and Water
Conservation Commission pursuant to ISA NCAC 6F .0005, 1 certify that the new or
expanded animal waste management system as installed for the farm named above
has an animal waste management plan that meets the design, construction,
operation and maintenance standards and specifications of the Division of
Environmental Management and the USDA -Soil Conservation Service and/or the North
Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and
15A NCAC 6F .0001-.00OS. The following elements and their corresponding minimum
c=iteria-havje_beert_yerified by me or other designated technical specialists and
are included in the plan as applicable: minimum separations (buffers); liners or
equivalent for lagoons or waste storage ponds; waste storage capacity; adequate
quantity and amount of land for waste utilization (or use of third party) ; access
or ownership of proper waste application equipment; schedule for timing of
applications; application rates; loading rates; and the control of the discharge
of pollutants from stormwater runoff events less severe than the 25�-year, 24-hour
storm.
Na=e of Tecl=ica ease Print) 9J;�QU VIOS621
speciall t
Af f iliation:_ ^_)V&ki �9
2 �t P1
Address (Agency+.&, 302,5'-AgL11ao S� , &kvMdy thone No. 0
-2- 7;4
signature.-- Date: —
I (we). undersi/aA., the operaiion and maintenance 'procedures established in . the
approved animiLrwaste management plan for the farm named above and will implement
these procedures. I (we) know, that any additional expansion to the existing
design capacity.of the.waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the Divisiori of.'.
Environmental Management before the new animals are stacked.. I (we) also
understand that there must be no discharge of animal waste from this system to
surf ace waters of the state either through a man-made conveyance or through
runoff from storm ..event, --less - severe than the 25-year, 2 4-hour storm. . The
approved -plan will:. be, filed. at'the farm and -at the'affice-of the lo"al'Scil and
c
Water Conservition-District.
Na=e of lease p
signature: Date:
Na=e of aaer, if different from owner (Please print):
7-J
Signature: Date:
Not1k: A change in- land: -ownership,.. requires notification or a new,'Certificatiod41-L
(iE the approv6d--plan --is --changed)-, to be submitted to the-DiViSiOrl 0
_�withifi60 days of a title transfer.
Envixonmental Management
DEM USE ONLY.ACNLV#,
Z j;-_
I B J, KILPATRICK FARMS, INC.
2000 SOW FARROW TO WEAN FARM
N.C. 1-HGHWAY # 50 - DUPLIN COUNTY
DIRECTIONS: FROM KENANSVILLE - TAKE HIGHWAY f 50 SOUTH
TOWARDS CHINQUAPIN. FARM WILL BE 5 MILES FROM KENANSVILLE ON THE
RIGHT (,TUST PAST THE INTERSECTION OF SR # 1737 DOBSON CHAPEL ROAD)..
MAILP�G ADDRESS:, SHEP ' PING -ADDRESS:.
a.B.J. KILPATRICK FARMS,-INC. J.B.J. KILPATRICK FARMS
RT. I BOX 1722 N.C. HIGHWAY # 50
MAGNOLIA, NC 28453 MAGNOLIA,.NC 29453
TELE:. (910).296-1715
SROWN-S CF CAROLINA. INC.
303 EAST cat-LEGE STREET - P.O.B(DX487 - WARSAW.N.0 28396-0487 - OFFICE- (910)293-2181 - FAX:(!;10)293-47'Z6
f
Alr=z Ik=T3 IM=GIMM= PIMIN C3RTIFICATION FOR NEW OR EXPAB FrT nT 11
_41 U. G f 139 4
Please return t1le cc=pleted fc= to the r)jVjSIQn of 2MV-iromme"tal Hanagament aj--
P ,A I ER
t�ha add--ess on the ravaras side of thla fo=.
Name of f (Pi e print) 7n-c
Add--ess;
Am� -.WY:Z5-3- Phone No.: Y10 --RK -Z715
COLLntV:— Qk42HP7
Farm location: Latitude and Longitude:'fy'-L7'.,LO"/_27,L37�00(required) Also,
please attach a copy of a county road map with location identified.
Type of operation (swine, layer, dairy, etc.) - 'Swivw-
Design capacity (number of animals): �200-0 44ZLMC,� -k mod�*-
Average size of operation' (12 month populatiorl(/avg.) -- oQUO
Average acreage needed for land application of waste.
T e= I C=a� -S-� P22 ft�cm la� =1 21: at 78,3 r�t I fm I -Cl2,4L-t-2 I C===
As a technical specialist designated by the Norih Carolina Soil and Water
Conservation Commission pursuant to ISA NCAC 6-F .-COOS, I certify that the new or
expanded animal waste management system as installed for the farm named above
has an animal waste management plan that meets - the design, construction,
operation and maintenance standards and specifications of the Division of
F.nvironmental Management and the USDA -Soil Conservation Service and/or the North
Carolina Soil and Water Conservation Commission purs�iant to ISA NCAC 2H.0217 and
ISA NCAC 6F .0001-.0005. The following elements and their corresponding minimum
criteria-haAre-heen
-yerified by r�ie or other designated technical specialists and
a.re included in the plan as applicable - minimum separations (buff ers) ; liners or
equivalent for lagoons or waste storage ponds; waste storage capacity; adequate
-quantity and amount of land for waste utilization (or use of third party); access
or ownership of proper waste application equipment; schedule for timing of
applications: application rates; loading rates; and the control of the discharge
of pollutants from stormwater runof f events less severe than the 2S�-year, 24-hour
storm.
Na=e of Tech=ica Sp OCL&Ii Please Print) 11141);,
Affiliation- ;_�)Ttt4n S t�,",/T-
Address (Agen a - 1�kvra-,LI a-&�VSI?hone No. 2�3-3600
Dat 72-- 7
SignattLre e
T ===T�A ............................... .... .......
I (we) unders the operation and maintenance procedures established in'the
ier
waste m
approved an1l2waste'management plan for the farm named above and will implement
these procedures . I (we) know, that any additional expansion to the existing
design capacity -'of the waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the Divisiali of
Envi.ronmental Management before the new animals are stocked._ I (we) also
understand that there must be no discharge of animal waste from this system to
surface waters of the state either through a man-made conveyance or through
runoff from a storm -event -less severe than the 25-year, 24-hour storm. The
approved plan will be - filed at 'the farm and.at the'of f ice.of 'the local -Sail and
Water Conservation District.
Name of La -A qor (Please - Priam-
elr,
Signature: Date:
Name of different. from owner (PIS-Aie priiit)
Signature: Date:
Note: A change in - land ownership requIres notif ication or a new- �certif icatiom
(if the approved7--plan -is"--changed) -- to be submitted to the Division. - ��E'
Environmental Management I within�'60 dz�ys of a title transfer.
DE24 USE ONLY: ACNEW#/I�Val J7
It , i-11.