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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, Z� 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 Z� 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 C� 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) zr U7 r-3 C3 pova" -S Er =1 Certitted Fee E:3 Roturn Recelpt Foe Here 'C3 JUL 2 4 2000 C3 MW P..Ug. a F.. ru TU New& (PleA" Pan ciea a0a ownpioted bk%�&WS rn Er or tr /Z :7 W 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 ,re- /6 AM11-6 �-14 1 111V6 1>6 A- Received by Please FWnt Cie") t o Delibb 18rf-133-9- . - r— signature N nt 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 f nviro,c 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 0 DATE TIME TH,174P C /W A G jig( 110A z aU-21 C G 4'f ev-1 p G 0 3/1 G -11 tLl 116) 5 2�-10 -ey, is �� I G p G' ' G 0 r., C p G t -C-_q��) A, P- G G C p G 'G LEE]: _,- C p G NOTICE, — DECHLORINATION: Sfuniples for Ainnionifl, TKN, Cyanide, Phenol,and Bacteria imist be de blorin.9ted (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 A If% f% A-$ A A -3 .4 C_ U. 3 9% 2. 02_2_2 -P'4L 10 in C 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;" Z/ 23.0— K "ll-Mck i�wtnck 27,0 1 13 154 C r L 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 .1ara surface...-._...-. improvea'surface Seconoary htgnway, hard surface Unimcroved lnlers�Laze Route U. State Rou-te �4W'-' 15' !UADRANC:-�- N3452.8-W7752.517.5 DMA 5453 IV NW-SF-RfES N842 YNrl", T'i ELI, (� if gw " 1 1 r vil "jz , mom, Ik i At 9 A� T'i Vr' i5' t' .; T_ el AN. Al OV AV, -V A - X., I:/. A I WW lift I A. JAI Ali, I J.4 4 77, A/- _7 - PC or rx 4L AW Al— J� n, 4,& A� or I I.m T V A-, �"k fit S7 -jil V. 1.1< w, Al. . . . . . . . . . . ...... . .......... Ara Low drainage area in sprayfield (in foreground) that waste runoff occurred to the roadway ditch fi7om. Roadway ditch in middle -ground. AMPLX P*T.Ar-r 0 :L 10 - 2-00 SR 1141 with view of drainage direction fi-om sprayfield (Field 8 Pull D). , k-- t,�PzL 21111oo --4.v,vr.t- )=ac: 6 /V U 7'7t� ke rl 0 11 t3gWl -7TP,,nLv-w i _qj5 _ 7-/-rp� -c- Of4- 5 ,/,, / o, 0 % it. ? C"f ir, 13 OC, -3 D -Z 4. q3 ' 'vI4 Z e) 3> rot S" d Joe> v V 022 AW U.S. PostalW CERTTI�Fl ECEIPT (Domestic Mail Ohl nce Coverage Provided) irgrz. MLrm 13A Io a �Y,, uz- Er ru Postage $ rLi Certified Fee /40 ING N- 0 M R ip Fee ru "X.1 —Re,.iracQ (End. r3 Restricted DeWery Fee 0 C3 (Endorsement Required) r-3 C:3 Total Postage & Fees $ Z, P0 —0 r-3 Nam ..flkwe 7 Cf?aZ�fto b feted by �W'lv r ---- ------------ ------------------ ------------------------------ ----------- 0 Stmet Apt N or PQ Box No. =3 , , - r-3 ZU —1,44d4l, ---------------- -Uli�'State' I ----------- A 4jlj� S L N U L Vi: COWU- I iE I HIS SL C NUN 0 Complete items 1, 2,and 3. Also complete item 4 if Restdcted Delivery is desired. 0 Print your name and address on the 'reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /41r. 6"', 9, 01A1. A. Received by(PYaa$&Pr(ntC1@8'1y) B. DateofDel 1L.— I 1:1-K C. Sl7a -yj 0 Agent (t r _ajo 0 Addre D. IsdellAy address d4arant fr6m ftern 17 0 Yes If YES, enter delivery address below: 13 No 3. Service T Pe ;M� Mail [3 Express Mail 11 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? Fxtra Fee) 11 Yes 2. Article Number (Copy from service label) -7 LDO PS Form 3811, July 1999 Domestic Retum Receipt I .- — 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 C3 tr :r Cedifled Fee C3 171- Return Recelpt Fee M PdNSMMt RequlreO M Restricted Delivery Fee M 05idarsement Required) E3 Tatat PosUge a Fees ni ni Name (mease PH ell M Er Strve4 Apt. No.; a, P U- /Z _ ........ --- C3 city, State, • 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 .,7/ [3jr -F., 31 4 0 7 2-110100 C� ct'i"V,-ro-WA�Ele- l000t oec-ur"e'eA Ll I,/,, u C, k, L v, Lmd a J-7 I:T4 'd s-c, o v c e A 41,4 4-L., It af:t e- h e-,-gd r 0 rt-d Lv -h, L ed J live L Ll Z00,10 WIT, ift; cd IVI crccp� - 51 - S�IL3 Crol 11r, L cnTo/ tiesl-aLn -1.-.14 '64r 2— ql� VIC r3 Lel 3 1 �Tggr- F�L 0?0 0 (r I e r-- 1)6, Jill, fol ;-om Zq AyIF :17'irochem Z:3 ENVIRONMENTAUCHEMISTS, INC Sample Collection and Chain of Culltda- Qi—ent: n .1 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 CL PRESERVATION ANALYSIS REQUESTED d DATE TIME TEMP A) L. )JAI Y, C /1M) G WFA Iy 4-ar C AV k U4�' 07 �,r IZ7-..;,u G DowlV I I I - �nc N;7 Fr- ca P<55 C,- c 1C G )< -0 0 wqJ NJ !�'7- C G V.,- 6 r \ -D If. 3 'T I C Fe Cal 1-7 ASS G I 11L it- C /J� /V �4 r i G K C G LU C G C P G G C P G G NOTICE - DECHLORINATION: Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be deeblorinated fO.2 ppm o lew )-in the field at the time of collection. See'reverse side for instructions. Transfer Relinquished BY: -Patejime! Received By: Date/Time 2. Temperature whe Received: 1. 0 'C . Accepted: -I' Rejected: Resample Request�d-.Of Delivered By: Received By: Date: Time '/ .0t, Comments: '31-lifo? ,Lenvirochem hilm.- ---.dA 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. U a POP'—. 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 CL L jp� PRESERVATION ANALVSIS REQUESTED 0 (6 1 z 0 DATE TIME TEMP 5M if C dl�)— G C zz, C P G G ef�,M4`tll C U—�� G G C P G G C c P G C G G C P G; G C C P G. G NOTICE — DECHLORINATION: Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm o less) in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 1. 2— E_ Temperature when Received: '7-q'b Accepted: V 11 Re ct Resample' Requested: �1.e Received By:' jime: Delivered By: 2Z/ Date: C �omments: 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 )(7) 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 6L� 9& 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 22 28 26,000 Nitrate + Nitrite Nitrogen, NO3 + NO2 - N mgfL 1.98 1.91 2.00 1.97 Ammonia Nitrogen, NH3-N, mg/L 0.2 2.4 4.1 23.2 Total Kejeldahl Nitrogen, TKN mg/L 0.5 4.1 6.5 310 Total Phospborus, P mg/L < 0.02 0.08 0.13 1.37 Reviewed bQ-:L,. and approved for release to the client pppop— MR IF, enviroehelll"', ENVIRONMENTAL CHEMISTS, INC 61110.— Sample Collection and Chain of Custody '-11,46'07 lZe an.?I OR--';6e- Collected B .4nmnip. Tvne: I = Inflnont- F = F.MnPnt- W 1q0 =19ail- q1 r- q1ndvi- Othp.r! 6602 WindmiH Way Wilmington, NC 28405 Phone: (910) 392-0223 Fax: (910) 392-4424 Sample Identification Collection .9 01 3 PRESERVATION ANALYSIS REQUESTED Tig 0 1:1 g 0 DATE nME TEMP K UF-i 133bfl.ql� I Eye ,,� - G i I Z -?A C U-�'- �'r I -J-11 U ;ffT -edv— G Dowlv -i C G )< , (I. J'C ��-r C 2J5 P T G 3 C Ar Fe Cal t7T�D— 1153 G . ... . /4- -3 7 C ..... F'4--S�- -.6-- G C co G I/ Lff 13 G C P G G C �G—Z—J P NOTICE — DECHLORINATION: Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated (0.2 ppm o less) in the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time z< 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 Lr) Lai,,. M 2 0 =1 �U 960 ,.q M 4D > U 0 8 CD,O,- 1-4 UM C.) U) 0 0 D z 0 9ENDER. -CompMe ttents t ancVar 2 fw adftonal swvtces. I also %%Ish to recelve the Complete hems 3. 4a, and 4b. Prtnt your name and address on the re" of tMe form so that we can return ths 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 OThe Return Receipt mfifl ahorw to whom the article was deWered and the date C delfvared. Consult postmaster for fee. 0 -a 3.-Article Addressed to: 4a. Article Number, X 4b. Service Type 0 Registered d-Cg'rfified W ,4 0 Express Mail Insured .5 0 Return Remipt for Mamhancliss El COD Date Delivery 7. of r�5. 0 (Pfint Name) B. Addressee's Address (Onlyff requested =Recelved =By: and fee is paid) 6. Signature: (Addressee orA lent) X 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.