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HomeMy WebLinkAbout710012_HISTORICAL_20171231NORTH CAROLINA Department of Environmental Qual STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION TIME/DATE NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 33.00pm, Viewing time ends at 4:45pm. Anyone arrivine without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is .05 cents for copies. Payment may be made by check, money order, or cash at the reception desk. Copies totaline $5.00 or more can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 2. 171,- g0 3. fir' 4. i 5Z 5. �%� - Z13 4 Signature and Name of-Firrn/Business Date Time In Please attach a business card to this form COPIES MADE . PAID 1IAT8II4-0 Time Out .� ,1 0.1 1 Water R esour-c es @NVIRONMENYAL GiALITY February 16, 2017 CERTIFIED MAIL 7013 1090 0000 6092 8880 RETURN RECEIPT REQUESTED Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 ROY COOPER Cover,wr MICHAEL S. REGAIN secretary S. JAY ZIMMERMAN vrrr«or- Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2017-PC-0106 Administrative. Code 15A NCAC 2T .1304 Crooked Run Farm 71-12, Permit No. AWS710012 Pender County Dear Bandit 3, LLC: Upon review of Plan of Action records by staff from the Wilmington Regional Office (W1RO) of the Division of Water Resources (DWR), it was determined that this facility was not in compliance in regards to maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. We wish to thank you for your cooperation and sending these. records. As a result of this correspondence, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25- year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and there is at least one (1) foot of structural freeboard, in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000, On November 4, 2016, DWR staff received a Plan of Action indicating the waste level/freeboard in the lagoon to be at Fourteen (14) inches. On January 4, 2016, DWR staff received a Plan of Action indicating the waste level/freeboard in the lagoon to be at Eleven (l1) inches. On January 20, 2016, DWR staff received a Plan of ' Action indicating the waste level/freeboard in the lagoon to be at Nine (9) inches. Nothing Compares., -,- State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, NC 27699-1612 919 807 6464 Page 2 of,2 , Required Corrective Action for Violations: Please provide to our office, a description of the corrective action you will take to prevent This from occurring again. You are required to provide a written response to this Notice by March 31, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil& Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to S25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143- 215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact me at (910) 796-7386. JiVua gional Supervisor . Wegional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLCM DWR Wilmington Animal Files 71-12 G:11W QISHARED/ANIMALSIPENDER12016171-12NO V REF CO,- Cco O j� /„� !'L,I Ir Postage $ _A Certllled Fee O t7 Return Recelpt Fog Postmark G (Endorsement Required) Here 0 Restricted Delivery Fee (Endorsemant Required) fl dTotal Postage & Fees r9 t n r.1 i,- Z/..,/ -ter O ar PO Box No. J� 3 cV� f� Y--7 -- c4ty, I lP+4 - - - d� /7 ��3 - Page 2 of 2 Required Corrective Action for violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by March 31, 2017. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143- 215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact me at (910) 796-7386. Jim Gre n, egional Supervisor . Water` ua ' Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC, DWR Wilmington Animal Files 71-12 G;II WQ1S HARED/ANIMALSIPENDER12016171-12NO V REF C. Date of Dellvery� u r,,Wm erect men,M ire Restricted flellvery � ❑ Raplstered ailRestrictei Restricted Delhi 0 ROIIUM nd[ttte for livery _ �( © cc m co t1J OT• Q' postage `D Cortifled Fee C3 Ratum Receipt Fee © (Endorsament Rat Q Restrlctad Deltvaiy Fog (Endorsement Required) t3 C3 Total Postage & Fees m Sorg, .z r-i © et,. t .a" Or PO BOX No, March 26, 2017 Subject: NOV with Recommendation for Enforcement: Dear Mr. Gregson, RECEIVEpINCDEN" wR APR 0 3 2017 WOpe owns Reg'anal Wilrr�ington Region t ioOce Crooked Run Farm (71-12) This letter is in response to the Notice of Violation with Recommendation for Enforcement my farm received on February 161", 2017. As of the date of this response my lagoon level is 23 inches. Failure to maintain the waste level in lagoon to not exceed the maximum level specified in my CAWMP, was due to the waste application management changing hands. One of the partner's in Bandit 3, LLC became released from any and all financial obligations of the farm. I then took over all areas of repairs and maintenance of the farm, including the irrigation. It soon became that I could no longer afford the custom aerway crew that normally had been hired to manage our lagoons, and farm our land. This transition of management also came around the time of Hurricane season, and heavy rainfall events, which kept me behind on managing the lagoon efficiently. Also, as I'm sure you and your staff are aware, Crooked Run Farm is currently in the Smithfield Foods lawsuit. I was advised by attorneys, representing my farm in these lawsuits, it would be a good idea not to irrigate during times of scheduled assessments and studies on the farm. This period of scheduled farm visits and assessments, by different individuals and groups related to the lawsuits, began around September 2016 through the end of 2016. Over the last month I have done major repairs to irrigation equipment (reels and pumps); including purchasing my own tractor and aerway system. I have been working very hard over the past few months to get adequate irrigation equipment in place, and lagoon back in compliance. Lagoon is 23 inches, as of the date of this letter; and I plan to continue to manage the lagoon efficiently so no future violations, that I can prevent, occur. Sincerely, Matt Butler a a March 26, 2017 Subject. NOV with Recommendation for Enforcement: Raccoon Farm (71-06) Dear Mr. Gregson, This letter is in response to the Notice of Violation with Recommendation for Enforcement Raccoon Farm (AWS710006) received on February 17, 2017. Please be advised that Raccoon Farm was sold on February 10`h, 2017, and is no longer owned and operated by me, or Bandit 3 LLC. Matt Butler March 26, 2017 Subject: NOV with Recommendation for Enforcement: Watha Farm (71-44) Dear Mr. Gregson, This letter is in response to the Notice of Violation with Recommendation for Enforcement my farm received on February 16t', 2017. As of the date of this response the lagoon level at Watha Farm is 33 inches. Failure to maintain the waste level in lagoon to not exceed the maximum level specified in my CAWMF, was due to the waste application management changing hands. One of the partner's in Bandit 3, LLC became released from any and all financial obligations of the farm. I then took over all areas of repairs and maintenance of the farm, including the irrigation. It soon became that I could no longer afford the custom aerway crew that normally had been hired to manage our lagoons, and farm our land. This transition of management also came around the time of Hurricane season, and heavy rainfall events, which kept me behind on managing the lagoon efficiently. Over the few months I have done major repairs to irrigation equipment (reels and pumps); including purchasing my own tractor and aerway system. I have been working very hard over the past few months to get adequate irrigation equipment in place, and lagoon back in compliance. Lagoon is currently 33 inches as of the date of this letter. and I plan to continue to manage the lagoon efficiently so no future violations, that I can prevent, occur. Sincerely, Ala Matt Butler 1 2of�Oo� (� PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71-12 County: Ponder Facility Name: Crooked Run Farm Certified Operator Name: Joe Szaloky Operator Number: 999328 1, Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 CRF 14 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: As conditons allow I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Greer Moore for: Matt Butler (Banditt 3, LLC) Phone: Facility Owner/Manager (print) Matt Butler Facility Owner/Manager (signature) g 10-990-0062 Date: 11 /4/2016 • .� x. Crop's remaining PAN balance (line v from section Ill) = 7630.1 lb. PAN y. Overall PAN balance (w - x) _ -6694 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): JCrooked Run Farm 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.I24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/W 3. Projected volume of waste liquid produced during draw down period 14.D inches 19.0 inches 5.0 inches 195570 ft2 609527 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 252548 W h. current herd # DO certified herd #1 4200 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 10/18/2016 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ft' 0 W 51333 ft3 63995 gallons 1.39 lbs11000 gal. 936.2 lbs. PAN STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 29405 (910) 796-7215 1ILE-ACCESS RECORD SECTION TDAWATE NAME PMRR13SENTING Guile ' es foz Access: The staff of Wilmington Regional Office is dedicated to making public records ha our custody readily available to the pczblic for review and copying. We also bave ft responsibility to the public to safeguard these records and to carry out our day-to-day program obligations,. Please read carefully the following guidelines sigrung the form: . Due to the large public demand for file access, we request thatyou call at least $ day in advance to schedule an appoialment to review the files. Appointments mill be scheduled he man 9z00am and 3c04ynm. Viewingthe ends at 4:45pm. Ag-Fone arriving without an app&tment ruff view the files to the extent that time and staff supervision is ayaiiable.- 2. You must specify files you want to review 6y facilitx nanie. Me number of files that you may review at one tintee will be limited to five. 3. You may make copies of a ale when the copier is not in use by the staff and iftime permits. Costper copy is $.05 cents; Payment may be made by check, mEoaey order, or cash at the receution desk. Comes totaling $5.40 or more can be invoiced for your cLuv ienee. 4.. FLES MUST EE K;E-PT 1N Q®RDER YOU FOUND TI1EM. ' Files may not be taken from the office.- To remove, alter, deface, mutilate, or destxoy material iu one ofthese files is a misdemeanor for which you cau be fined up to $500.00. No briefcases large totes, at. are - pezmn. tt jd in the file review area 5. iu accordauce with General Statae 25-3-512, a $25.00-processing fee will be charged and polIecwd.for checks on which, payment has been refused, FACILITY NAME COUNTY 2. 3 Via_ 3. 3 - lie 4L Signature and Noma of Ft =m 3winess Date Time In Time Out Please attach a buslness card ro 6d s, for m COPIES MADLY PAID r"7010E S:AdM=.Me access PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71.112 Facility Name: Crooked Run County: Ponder Certified Operator Name: Joe 5zaloky Operator Number: AWAS99328 1. Current liquid level(s) In inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: CR Spillway(Y or N): N Level(inches): 3 2. Check all applicable items X Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation `if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste as conditions allow I hereby certify that I have reviewed the Information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the information Is accurate and correct. Bandit 3 LLC Phone: 910-990-0062 facility Ow 7LI-1— ngger (print) c l�V Bate: 2110/2016 Facility Ownerl nager ('gn re)� x. Crop's remaining PAN balance (line v from section III) = 501.8 lb. PAN y. Overall PAN balance (w - x) _ -58 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and nerd reduction options, recalculate new PAN based on new information. If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. PoA (30 Day) 2121/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (113): Crooked Run Farm (71-12) 2. Current liquid volume in structural freeboard a, current liquid level according to marker o k- b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 1 9.0 inches 12.0 inches 3.0 inches 1955701 ftZ 365716 gallons 180 days g. volume of waste produced according to structural design 252548 ft3 h. current herd # ® certified herd # 4200 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j, excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k ft' ® ft3 51333 ft3 10666 gallons 376382 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21/00 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Crooked Run Farm (71-12) line I = 376382 gallons 2. structure ID: line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6, structure ID: line I = gallons n. lines 1 +2+3+4+5+6= o. linen/ 27154 = 376382 gallons 13.86 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD'.2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s, crop t. acres u. remaining IRR-2 PAN balance (Iblacre) v. maximum application rate (inlhr) w. maximum application amount (inches) Pullsl-9 Wheat 32.08 100 0.5 1 Pulls 10-18 Wheat 32.37 100 0.5 1 x. total acres available during 5 day draw down (sum of column t) = 64.45 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA ( Day} 21 /line o = 0.22 inches per acre to be applied within 5 days line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump.& haul and herd reduction options, recaicuiate new nyaraunc ioaa nasea on new inrormation. NO HOGS ON FARM! Producer will irrigate as conditions allow, and ap 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar sown in rieq --tratricapimty- across soils; will sons aosoro application without runt Producer will irrigate as field conditions permit. NO HOGS ON FARM! 10 to 12 inches of rainfall due to Hurricane Matthew 2. Date and amount of last rainfall event? DATE: 1017-1018 1 AMOUNT: I12.00 inches 3. Dates of last waste application event per field: 9118118 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? Farm received approximately 10- 12 inches of rainfall due to Hurricane Matthew from 10107-10108. 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet proposea cnan es in aepiicavon rates ano amounts; ana any otner information tar cons Field conditions will determine when irrigation events will begin. NO HOGS ON FARM! PoA (5 Day) 2121/00 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71-12 County: Pender Facility Name: Crooked Run Farm Certified Operator Name: Joe Szalok Operator Number: 999328 1. Current liquid level(s) in inches as measured from the -current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon Lagoon 2 Lagoon 3 Lagoon Lagoon 5 CRF 14 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations, Volume and PAN content of waste to be pumped and hauled is reflected in section Ili tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop .information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. "Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: As fields conditions allow I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Greer Moore for: Matt Butler (Banditt 3, LLC) Phone: 910-990-0062 Facility Owner/Manager (print) Matt Butler Facility Owner/Manager (signature) Date: 9/4/2016 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Crooked Run Farm line m = 691.9 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure iD: line m = lb PAN in. lines? +2+3+4+5+6= 691.9 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1 soybeans 2.05 134.00 274.7 April -Sept, 15th 2 soybeans 2.87 134.00 384.6 April -Sept. 15th 3 soybeans 2.97 134.00 398.0 April -Sept. 15th 4 soybeans 3.68 134.00 493.1 April -Sept. 15th 5 soybeans 4.77 134.00 639.2 April -Sept. 15th 6 soybeans 4.05 134.00 542.7 April -Sept, 15th 7 soybeans 4.06 134.00 544.0 April -Sept. 15th 8 so beans 4.05 134.00 542.7 April -Sept. 15th 9 soybeans 4.30 134.00 576.2 April -Sept. 15th 10 wheat 4.60 102.30 470.6 Sept -April 11 wheat 4,46 102.30 456.3 Se t-A ril 12 wheat 4.06 102.30 415.3 Sept -April 13 wheat 3.97 102.30 406.1 Sept Aril 14 wheat 3.82 102.30 390.8 Sept -April 15 wheat 3.50 102.30 358.1 Sept -April 16 wheat 3.08 102.30 315.1 Sept -April 17 wheat 2.67 102.30 273.1 Sept -April 18 wheat 2.21 102.30 226.1 Se t-A ril 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column Q = 7706.7 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section Il) = 691.9 lb. PAN x. Crop's remaining PAN balance (line v from section Ill) = 7706.7 lb. PAN y. Overall PAN balance (w - x) _ -7016 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Animals are due to start selling out. Application window for corn was extended by a Certified Agronomist on 6/30116, application window for corn was extended through August 5th, 2016. Producer will begin irrigating as soon as field conditions allow, and producer has also contacted a contract aerway crew for assistance as well. Producer has documented that there was 5+ inches of rainfall in gauge (gauge stops at 5") as of morning of 9/03/16; due to Tropical Storm Hermine. 4 r PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifier (ID): JCrooked Run Farm 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker I 14.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 195570 ftz e. line c112 x line d x 7.48 gallons/ft' 609527 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 252548 ft3 h. current herd # F 4200 certified herd # 4200 actual waste produced = current herd # x line g = certified herd # i, volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 8/18/2016 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 252548 ft' 0 ft3 51333 Jft3 378838 gallons 0.70 Ibs11000 gal 691.9 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): Croaked Run 2. Current liquid volume in 25 yr,124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to deslgn (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period 12.0 inches 19.0 inches 7.0 inches 99400 ft2 429352 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural deslgn —12-105--81 ft3 h. current herd # 0 certified herd # 4200 actual waste produced = current berd # x line g = certified herd # 1. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 10/14/2015 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21100 fe ©ft3 51333 ft3 63995 gallons 0.90 Ibs11000 gal. 444.0 lbs. PAN 11. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Crooked Run line I = 562690 gallons 2. structure ID: line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons S. structure ID: line I = gallons 6. structure ID: line I = gallons n. lines 1 +2+3+4+5+8= o. line n 127154 = 562690 gallons 20.72 acre -Inches Ili. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD' 2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t. acres u• remaining IRR-2 PAN balance (tblacre) v. maximum application fate (inlhr) W. maximum application amount (inches) CR 4 Ls Wheat 3.681 102 0.5 1 5 Ls Wheat 4.77 102 0.5 1 3 Ls Wheat 2.97 102 0.5 1 x. total acres available during 5 day draw down (suns of column Q = 11.42 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE PoA yy�� Da 217170 0 1.81 inches per acre to be applied within 5 days to y) ,..; line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation 2. Date and amount of last rainfall event? DATE: 4. Given optimum AMOUNT: Dinches capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc, to PoA (5 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (6) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifier (ID): I Crooked Run 2, Current liquid volume in structural freeboard a. current liquid level according to marker 3.0 inches b. designed structural freeboard zone 12.0 inches (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = 9.0 inches ...ram d. top of dike surface area according to design (area at below structural freeboard elevation) 984Q0 ft2 e, line c112 x line d x 7.48 gallons/ft3 552024 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 121058 ft3 h. current herd # certified herd # 42QQ actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4, Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = fts f '1W 51333 W 10666 gallons 562690 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21/00 NCoo DENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor'secretary 4fi FEB 0 4 2915 February 3, 2015 By: Bandit 3, LLC 5331 Five Bridge Road Clinton, North Carolina 28328 RE: Payment Schedule for. Civil Penalty File No.: PC-2014-0007 File No.: PC-2014-0008 Permit #s: AWS710006 & AWS710012 Pender County Dear Bandit 3, LLC: This letter is to acknowledge receipt of your Check Number 8936 in the amount of $900.26 on February 3, 2015. Your next payment of $850.00 should be made payable to DWR before March 1, 2015. The total balance of the penalty is S9350.K Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 807-6340. Sincerely, A/;0j Miressa D. Garoma Animal Feeding Operations Program Division of Water Resources cc: WQROS,:Wihiiii"ngton Regional Office File # PC-2014-0007 File # PC-2014-0008 WQROS Central Files (AWS710006) WQROS Central Files (AWS710012) 1636 Maii Service Center, Rdeigh, North Carolina 27699-1636 Phone: 919-807-64641Internet: http:l/www.ncwater.org An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE /} j 1, Structure Name/Identifier (ID): JCrooked Run ! j 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c, line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e• line c112 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period 12.0 inches 19,0 inches 7.0 inches 98400 ft2 429352 gallons f. temporary storage period according to structural design 180 days g, volume of waste produced according to structural design 121058 ft3 h, current herd # 4200 certified herd #1 4200 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 101141201E m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 121058 ft' �W 51333 ft3 214914 gallons 0.90 Ibs11000 gal. 579.8 Ibs, PAN PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Crooked Run 2. Current liquid volume in structural freeboard a. current liquid level according to marker 9.0 inches b. designed structural freeboard zone 12.0 inches (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 98400 ft2 e, line c112 x line d x 7.48 gallonsfft' 184008 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 121058 f1:3 h. current herd # 4200 certified herd # 4200 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + I + j) x 7.48 x 6 dayslline f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 121058 ft' ®ft3 51333 ft3 35819 gallons 219827 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2121100 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: Facility Name: 71-12 Crooked Run County: Pander Certified Operator Name: Joe Szalo Operator Number: AWA999328 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: CR Spillway(Y or N): N Level(inches): 12 q 2, Check all applicable items X Liquid level Is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance Is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. `Attach a complete schedule with corresponding animal units and dates fro depopulation "if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: as conditions allow t hereby certify that I have reviewed the Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information Is accurate and correct. Bandit 3,LLC Phone: facility OwnerlMan ger (pnnq yJj ��Ll Date: Facility Owner/Man er (sigFacility er (sigAture) VD 910-990-0062 1/29/2016 fyl.o n o x. Crop"s remaining PAN balance (line v from section Illy = 804.8 lb. PAN y. Overall PAN balance (w - x) _ -226 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide Information regarding the herd population and lagoon freeboard levels at the receiving facility. Corn to be planted under pulls 1-9 this season, therefore irrigation can begin on these pulls as of Feb 15th, if weather and field conditions permit. Adjacent land that is owned by Walter Strickland, however farm owner does have a lifetime agreement for pumping. There are currently (2) 6300 gallon Houle tankers, and (2) 6500 gallon 18 wheeler tankers lined up to pump and haul water from Crooked Run lagoon to Raccoon Farm lagoon starting on 2/13/14, Bandit 3, LLC is owner of both facilities. Owner of adjacent land (Walter Strickland) has been in a squable with owner over irrigating on his land (lifetime -right land). Watler Strickland also put a gate up on his land. PoA (30 Day) 2121/00 It. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Crooked Run line I = 219827 gallons 2. structure ID: line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure 1D: line I = gallons 6. structure ID: line I = gallons n.lines 1+2+3+4+6+6� o. line n 127154 = 219827 gallons 8.10 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD"' 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type a. crop t, acres u. remaining IRR-2 PAN balance (lb/acre) v. maximum application rate (inft) w. maximum application amount (inches) CR 4 Ls Wheat 3.68 102 0.5 1 5 Ls Wheat 4.771 102 0.5 1 x. total acres available during 5 day draw down (sum of column t) = 8.45 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE � = 0.96 inches per acre to be applied within 5 days PoA (� Day} 2/ line x If unable to land apply hydraulic load listed in line y, list course of action here Including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hydraulic load based on new Information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation. 2. Date and amount of DATE: i a event? etc. AMOUNT: Qinches in line "n" at appropriate seasonal i.e. winter application rates within 5 days? 5. irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per Irrigation event; changes made In gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to rr.T,�� [• r��l � [•r,� PoA (5 Day) 2121l00 r PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL. FACILITIES Facility Number: 71-12 Facility Name: Crooked Run County: Ponder Certified Operator Name: Joe Szaloky Operator Number: AWA999328 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways: and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 CR N 10 2. Check all applicable items X Liquid level is within the designed structural freeboard elevations of one or more structures. . Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action Is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled Is reflected In section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop Information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation "if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: as conditions allow I hereby certify that I have reviewed the Information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the Information Is accurate and correct. Phone. 910-990-0062 Date: 1/29/2016 t-- q'-� 'ryn-k -Q V PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1, Structure Name/Identifier (iD): Crooked Run 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 12.0 inches b. designed 25 yr.124 hr, storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 7.0 inches d, top of dike surface area according to design (area at below structural freeboard elevation) 98-40-01 ft2 e. line c/12 x line d x 7.48 gallons/W 429352 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 121058 ft3 h. current herd # 4200 certified herd # 4200 actual waste produced = gent herd # x line g = certified herd # i. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (tines h + I + j) x 7.48 x 3D daysiline f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated I 10114/201 E m, ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 121058 ft' ® ft3 51333 ft3 214914 gallons 0.90 lbs11000 gal. 579.8 lbs. PAN PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID). 1 Crooked Run 2. Current liquid volume in structural freeboard a. current liquid level according to marker 10.0 inches b. designed structural freeboard zone 12A inches (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 88400 W e. line c112 x line d x 7.48 gallons/ft' 122672 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 121058 ft' h. current herd # 4200 certified herd #1 4200 actual waste produced = current herd # x line g = certified herd # 1. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + }) x 7.48 x 5 days/line IF = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 121058 W ©ft3 51333 ft3 35819 gallons 158491 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21100 11. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: Crooked Run line I = 158491 gallons 2. structure ID: line I = gallons 3. structure ID: line I = gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n.lines 1+2+3+4+5+6= o. linen 127164 = 158491 gallons 5.84 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD"' 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to Its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q. field # r. soil type s. crop t. acres u. remaining IRR-2 PAN balance (Ib/acre) v. maximum application rate (inthr) w. maximum application amount (inches) CR 4 Ls Wheat 3.68 102 0.5 1 5 Ls Wheat 4.77 102 0.5 1 x. total acres available during 5 day draw down (sum of column t) = 8.45 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE o = 0.69 Inches per acre to be applied within 5 days PoA (� Day) 21 line x If unable to land apply hydraulic load listed in line y, list course of action here Including pump and haul, depopulation, hard reduction, etc. For pump & haul and herd reduction options, 1. Describe moisture conditions of fields? (e.g. Is there water standing In field; does irrigation 2. Date and amount of last rainfall event? DATE: AMOUNT: Q inches 3. Dates of last waste application event per field; 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in Ilne "n" at appropriate seasonal i.e. winter application rates within 5 da s7 5. Irrigation schedule for next 5 days - include dally schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "a" rings, operating time, travel speed, etc. to in PoA (5 Day) 2/21100 x. Crop's remaining PAN balance (line v from section III) 804.8 lb. PAN Y. Overall PAN balance (w - x) a -225 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new gelds are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Corn to be planted under pulls 1-9 this season, therefore irrigation can begin on these pulls as of Feb 15th, if weather and field conditions permit. Adjacent land that is owned by Walter Strickland, however farm owner doe; have a lifetime agreement for pumping. There are currently (2) 6300 gallon Houle tankers, and (2) 6500 gallon 18 wheeler tankers fined up to pump and haul water from Crooked Run lagoon to Raccoon Farm lagoon starting on 2/13/14, Bandit 3, LLC is owner of both facilities. Owner of adjacent land (Walter Strickland) has been in a squable with owner over irrigating on his land (lifetime -right land), Watler Strickland also put a gate up on his land. PoA (30 Day) 2/21100 WDIN& North Carolina Department of Environment and Natural Resources Pat McCrory Governor Bandit 3, LLC 5331 Five Bridge Road Clinton, North Carolina 28328 Dear Bandit 3, LLC: Donald R. van der Vaart Secretary RECEIVEDINCDENROW April 2, 2015 APR 8 2015 Water Quality R©gional Operations Section Washington Regional O f oo RE: Payment Schedule for Civil Penalty File No.: PC-2014-0007 File No.: PC-2014-0008 Permit #s: AWS710006 & AWS710012 Petider County This letter is to acknowledge receipt of your Check Number 9006 in the amount of $850.00 on April 2, 2015. Your next payment of $850.00 should be made payable to DWR before May 1, 2015. The total balance of the penalty is $7650.00. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Program Division of Water Resources cc: WQROS Regional Office RECEIVEDMIGOENR/M File # PC-2014-0007 File # PC-2014-0008 APR 10 2015 WQROS Central Files (AWS710006) WQROS Central Files (AWS710012) Water Quality Regional Wilmington Regional Operations Section 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919.807-64641 Internet: http:flwww.ncwater.org An Equal Opporlunily (Affirmative Action Employer— Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Rat McCrory Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Bandit 3 LLC Crooked Run Farm 5331 Five Bridge Rd Clinton, NC28328-8328 Dear Permittee, April 15, 2015 RECEIVED/NCDENR% R. van der Vaart ecretary APR 17 2015 Water Quality Regional Operations Section Wilmington Regional Office Subject: Notice of Violation/Notice of Intent to Enforce Crooked Run Farm Permit Number: AWS710012 Pender County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The followins invoices are outstandine: Invoice Number Due Date Outstanding Fee $ 2014PR005604 8/9/2014 180 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not inorc tlian $25,000 per day pi � violation against any "person" who violalcs or fails to act In accordancc with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807.64641Internet httpINvww.ncwater.org An Equal Opportunity 1 AffirmaGve Action Employer — Made in part by recycled paper c „ 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 Statue or permitting' requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Wilmington Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS710012) NCDER North Carolina Department of Environment and Natural Resources Pat McCrory Governor Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, NC 28328 Dear Bandit 3, LLC: John E. Skvarla, III Secretary August 19, 2014 SUBJECT; Remission Request Farm # 71-0012 Pender County File No. PC-2014-0007 Permit No. AWS710012 This letter is to acknowledge receipt of your request, on August 14, 2014, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call me at (919) 807-6340. Sincerely, Miressa D. Garoma Animal Feeding Operations Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Jim Gregson, Wilmington APS Regional Supervisor File # PC-2014-0007 Murphy -Brown LLC, PO Box 856, Warsaw, NC 28398 APS Central Files EC E IV AUG 2 2 20% f BY: 1636 Mail Service Center, Raieigh, North Carolina 27699-1636 Phone: 919.807-64641 Internet: htti)://www.ncdenr.gov/ An Equal Opportunity 1 AffirmaVve Action Empioyer— Made in part by recycled paper Pat McCrory Governor A&iF NCDENR North Carolina Department of Environment and Natural Resources November 21, 2014 John E. Skvarla, III Secretary CERTIFIED MAIL 7012 3460 0003 5794 4838 EC E IV E RETURN RECEIPT REQUESTED NOV z 5 2014 Bandit 3, LLC Crooked Run Farm BY: 5331 Five Bridge Road Clinton, North Carolina 28328 Subject: Request for Remission of Civil Penalty Crooked Run Farm Case No. PC-2014-0007 t Permit Number AWS710012 Pender County Dear Bandit 3, LLC: In accordance with North Carolina General 'Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5225.13. A copy of the Director's decision is attached. ; Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the perialty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa D. Garoma NC DENR-DWR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Wfl 1636 Mail Service Center, Raleigh, Forth Carolina 27699-1636 Phom 919-807-64641 Internet: http://www,ncdenr.gov/ An Equaf Opportunity 4 Affirmative Action Employer— Made in part by recycled paper r-, k Bandit 3, LLC Case No. PC-2014-0007 Pender County Page 2 of 2 2) You may decide to have the Environmiental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not reccived within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa D. Garoma NC DENR-DWR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 807-6464. Sincerely, ti o M1.143- Debra J.-Watts, Supervisor Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR - Attachments -cc: Wilmington Regional Office WQROS File # PC-2014-0007 WQROS Central Files I DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: PC-2014-0007 Region: Wilmington Assessed Entity: Bandit 3, LLC County: Pender Permit: AWS710012 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated. continuing environmental damage resulting from the violation: When reviewing the level of fines while the enforcement was being developed, the amount of money and other activities that the farm owner accomplished had been part of the consideration. The response to the violations by the farm owner was at a minimum needed to get the farm site back into compliance. ❑ (c) .Whether the violation was inadvertent or a result of an"accident: 0 (d) Whether the violator had been assessed civil penalties for any previous violations: The assessments were at levels of fines for first time violators based off other enforcements from the Wilmington Regional Office. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check one) . Request Denied;/ Full Remission ❑ Retain Enforcement Costs? Yes []No ❑ Partial Remission ❑ $ _ _ _ _ (Enter Amount Remitted) , Thomas rev 1.0 - 8-31.09 Pat McCrory Governor s HCDENR North Carolina Department of Environment and Natural Resources November 21, 2014 CERTIFIED MAIL 7012 3460 0003 5794 4838 RETURN RECEIPT REQUESTED Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 Subject: Request for Remission of Civil Penalty Crooked Run Farm Case No. PC-2014-0007 Permit Number AWS710012 Pender County Dear Bandit 3, LLC: John E. Skvarla, III Secretary In accordance with North Carolina General 'Statute 143-215.6A(f), the Director of the North Carolina Division of Water Resources considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5225.13. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Miressa D. Garoma NC DENR-D WR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641+nternet: httiaalwww.nedenr.gov/ CEIVEnFE � NOV 2 5 2014 BY: An Equal Opportunity' Affirmative Action Employer - Made in part by recycled Paper Bandit 3, LLC Case No. PC-2014-0007 Pender County Page 2 of 2 2) You may decide to have Committee on Civil Penalty request. the Environmental Management Commission's (EMC) Remissions make the final decision on your remission If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Miressa D. Garoma NC DENR-DWR Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be rased upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 807-6464. Sincerely, L o ' MINI - Debra J. Watts, Supervisor Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments cc: Wilmington Regional Office WQROS File # PC-2014-0007 WQROS Central Files t STATE OF N6RTH CAROLINA COUNTY OF PENDER IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: BANDIT 3, LLC ENVIRONMENTAL. MANAGEMENT COMMISSION DWQ Case Number PC-2014-0007 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My_ presentation_ will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose. not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of 120 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE i DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: PC-2014-0007 Region: Wilmington Assessed Entity: Bandit 3, LLC County: Pender Permit: AWS710012 0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated. continuing environmental damage resulting from the violation: When reviewing the level of tines while the enforcement was being developed, the amount of money and other activities that the farm owner accomplished had been part of the consideration. The response to the violations by the farm owner was at a minimum needed to get the farm site back into compliance. ❑ (c) .Whether the violation was inadvertent or a result of an accident: 0 (d) Whether the violator had been assessed civil penalties for any previous violations: The assessments were at levels of fines for first time violators based off other enforcements from the Wilmington Regional Office. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (ChV ire) Request Denied Full" Remission ❑ Retain Enforcement Costs? Yes ❑No ❑ Partial Remission ❑ (Enter Amount Remitted) , Thomas rev 1.0 - 8-3 L.09 A�+�� ,.M►�"..� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED,MAIL RETURN RECEIPT REQUESTED Bandit 3 LLC Crooked Run Farm 5331 Five Bridge Rd Clinton, NC28328-8328 Dear Permittee, Donald R. van der Vaart Secretary January 27, 2015 , . 'IF,`� KB1 206 !(0 BY: Subject: Notice of Deficiency Crooked Run Farm Pernut Number: AWS710012 Pender County As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(c) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2014PR005604 8/9/2014 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (9I9) 807-63I6 -contd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet, http://www,ncwater.org An Equal Opportunity ti Affirmative Action Emptoyer — Made in part by recycled paper If you have any questions concerning this Notice,.please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, a�' '� Gx�s Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Wilmington Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS710012) s NCDE14R North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 27, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008-1140-0002-9558-8769 Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2014-PC-0078 Administrative Code 15A NCAC 2T .1304 Crooked Run Farm No. 71 - 12, Permit No. AWS710012 Pender County Dear Bandit 3, LLC; On March 6, 2014, staff of the NC Division of Water Resources (DWR) inspected the Crooked Run Farm and the permitted waste management system. We wish to thank Mr. Matt Butler, who was present and assisted us during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWGI00000 as follows: Violation 1: Failure in maintaining land application rates that shall not result in excessive ponding or runoff during any given application event in accordance with Condition I1. 5 of the Swine Waste System General Permit No. A WG i 00000. On March 5 and 6, 2014, staff inspected the land application field and observed animal waste ponding on the field and running off the field into an adjacent ditch. Violation 2: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition 11. 2 of the Swine Waste System General Permit No. AWG100000. 127 Cardinal Drive Extension, Wilmington. North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Qppormnily 1, Affrmalive Aciion Employer - Made in part by recycled paper On March 6, 2014, staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Violation 3: Failure in having an Operator in Charge (OIC) or person under the supervision of an OIC inspect the land site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP in accordance with Condition II. 17 of the Swine Waste System General Permit No. AWG100000, On March 6, 2014, staff inspected the land application field and found that animal waste had not been applied according to the CAWMP. Violation 4: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of any discharge to ditches in accordance with Condition 111. 13a of the Swine Waste System General Permit No. AWG 100000. On March 6, 2014, staff from the Wilmington Regional Office had not been notified of non-compliance discharge or ponding within the twenty-four (24) hour time frame: Required Corrective Action for Violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by May 1, 2014. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143- 215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. \� . CA-'-� Jim eeron, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Jason Turner, PenderCounty Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-12 G:IIWQISHARED/ANIMALSIPENDER12Ot4\71-12NOVREF omF§tic Mail Only; No insurance Coverage Providec For delivery Information our websile at www.usps.com» visit ru Postmark p Return Receipt Fee O Hera (Endorsement Required) © Restricted Delivery Fee E3 (Endorsement Required) r^a Total Postage & Fees +deQ ri ' e o o rre ap4No ��� GAG --- C3 or PO Box No. -1�3� ✓� �/ �C� f_ . ........................ ' I G�Ity, Sf ZZ / / /! PS rarin 3BOO, August r. See Reverse loi Instruchoi Irenviroc-7helm ANALYTICAL R CONSULTING CHEMISTS Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, NC 28405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) 710 Bowsertown Road • Manteo, NC 27954 (252)473-5702 NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE 437729 NCDENR-DWR �` C Date of Report: Apr 10, 2014 127 N. Cardinal Drive Ext. ' APR 14 2ag Customer PO #: Wilmington NC 28405 BK Report #: 2014-02651 Attention: John Farnell _ Report to: John Farnell Project ID: Lab ID Sample ID: Collect Daterrime Matrix Sampled by 14-06434 Site: Sample 1 3/6/2014 12:45 PM Water John Farnell Test Method Results Date Analyzed Total Phosphorus SM 4500 P F 114 mg/L 03/19/2014 Fecal Coliform SM 9222D MF 1710 Colonies/100ml- 03/06/2014 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 351.2 77.7 mg/L 04/08/2014 Analyzed outside of holding time. Nitrate+Nitrite-Nitrogen EPA353.2 0.24 mg/L 03/12/2014 Total Nitrogen 'total Nitrogen 77.9 mg/L 04/10/2014 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 14-06435 Site: Sample 2 3/6/2014 12:50 PM Water John Farnell Test Method Results Date Analyzed Total Phosphorus SM 4500 P F 2.56 mg/L 03/18/2014 Fecal Coliform SM 9222D MF 1640 Colonies1100mL 03/06/2014 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 351.2 29.9 mg/L 0311812014 Nitrate+Nitrite-Nitrogen EPA353.2 0.21 mg/L 03/12/2014 Total Nitrogen Total Nitrogen 30.1 mg/L 03/21/2014 Lab ID Sample ID: Collect Daterrime Matrix Sampled by 14-06436 Site: Sample 3 3/6/2014 1:30 PM Water John Farnell Test Method Results Date Analyzed Total Phosphorus SM 4500 P F 11.0 mg/L 03/18/2014 Fecal Coliform SM 9222D MF 7270 Colonies/100mL 03/06/2014 Total Nitrogen (Calc) Total Kjeldahl Nitrogen (TKN) EPA 351.2 78.7 mg/L 03/18/2014 Nitrate+Nitrite-Nitrogen EPA 353.2 0.23 mg/L 03/12/2014 Total Nitrogen Total Nitrogen 78.9 mg/L 03/21/2014 Comment: % % Reviewed by: Nuk�& AO& Report M: 2014-02M51 Page 1 of 1 GEM Analyfical_& Cons ting Chemists 1/ 1)A ENVIRONMENTAL CHEMISTS, INC NCDENR: DWQ CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 37729 COLLECTION AND CHAIN OF CUSTODY 6602 Windmill Way Wilmington, NC 2840y OFFICE: 910-392-0223 FAX 910-392-4424. info@environmentatchemists.com CLIENT: J06AF'„Q, PROJECT NAME: REPORT NO: ADDRESS: CONTACT NAME: PO NO: REPORT TO: PHONE/FAX: 6 — 98' COPY TO: email: Sampled By: ZJZA SAMPLE TYPE: I = Influent. E = Effluent. W = Well, ST = Stream. SO = Soil. SL = Sludge, Other: Sample Identification Collection m b N 0 o C d L y o U a d J o U E x °¢40 2 J Z PRESERVATION ANALYSIS REQUESTED Date Time Temp Z z � = o s o = O C P G G C P— �Q 3, G G C P G G 3 Boom c P 3� G G C P G G C P G G C P G G C- P G G C P G G Transfer Reiinquished By: DatefTime_Received By: Date/Time �. 3 b 0 -r 2. Temperature when Received: 6.''� Accepted: Rejected: Resample Requested: Delivered By: Received By: !acl.� f �.,.r.n _Date: Time: 141fO Comments: TURNAROUND: ,4 IMPORANT NOTICE Nor& C2roHna Divism QfWalrr Qrrafitp ORMWQ) is sbicily enforcing EPA mgntalions for sample callc+ction and preservation_ �►' Cheat Most Prmide the Follcmritm Info mration L SADQLE IDENTIFICATYON (Contai wr Associated vrilb segmes-tedtedin6 2- SABULE TYPE (Compcsdr, Grab. WWT rr Sad. ctr-) 3_ DATE COLLECTED 4- TIME COLLECTED 5_ RAWLE COLLECTOR i. !RESERVATION (fac>rdisgTomperatoreand pR) Tampgg"m Sarrples MUST be refrigeraird orrewivtd mice betvm= 2 and frC- Samplesrccci=dwiJbintwo(2)boasrefeolledionmost show a dmmvnrdtrend- ; Therefore. phase record temperature at collection in provided an coneclion sheet pMA two (2) haorlimit fn c I icaitgpremme sample by pH adjrhst went is all avaed, a=qA formetAs samples reported to the Gruondwatror Secfhonavkc5 n m abe audfied at Me time nfcoilention_ CaYtim These s=Wla bottles may cndain small amof acid or otn:r c orrusve amdpobmhzny Ifot his Labonduries are required to add these cben it Sam cerbin analps:s in ardor to c mpiy with EPA presesvatim mqun =ts- Use extmmee own mbezn opemiing and hman g the hones- >f any 4. is d mold get on your sin or cbrd rs OhmAh Ir"heralty with water and seek me&ral TiQNINSIBUMONS CAIMON: DO NOT MIXIh asWatewWh add in butfiebdsweralbubw sa nlw as akkwt rerctiaa wN acw. DkidWari■atmi Sa tes that RegaireAcid Pnmwvzih= I_ Add 4 5 granules aftfhiosalfate Lo abottle with no aced presaw2 ive. 2_ Ater miming to &salve the thiaso falr�pmrhaff of the sample into abotde contbimng acid as a pr csmvahm- (Amm oni-d T`M N) 3_ Thra rninpletAy fill bath botdes witfe fresh sample~ -Aimcwd et+hire cniwse , time nnnwaa4 aanple cdlee tr, end mge nfpcnpec p xsysfives swat be m aid iEach sar,pte wnzl dmcdyi-%ceie ffie Stlr d Xadh Cocnh= cdtscEim sdr m all zecard '" Rzf WCAC 21f tu05 (e) (7) M. , `AtagfmaatabocdeFyrecavess Vlrsxbcifdonot =eda pierairtfimbAffingtme,arpnmzva6mregmra ffie iw y� p�eatleetartr CEMd and secure another s7arpie if posdibl& if air sample ca nwA be seaavAdm ao gin d zampie m aybe aoatyzedixt the zrsdft vepacled zamt be quMed wifhffieamtae or dw iai ndbon(s) and iffie laboodwy amst spry the State Labaatnry abet the M&ac fivo(s). The 00fi5catien ecast ode a Shima t indrdbog eoardive ad ms t&M to poet/ del ftur a samples' R,eL NCAC 2U 0205 (a) (7) NCDE�IR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, 111 Governor Director Secretary February 25, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010-0290-0003-0834-2984 Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATION NOV-2014-PC-0042 Administrative Code 15A NCAC 2T .1304 Crooked Run Farm No. 71 - 12, Permit No. AWS710012 Pender County Dear Bandit 3, LLC: On February 17, 2014, staff of the NC Division of Water Resources (DWR) inspected the Crooked Run Farm and the permitted waste management system. We wish to thank Mr. Robbie Montgomery, who was present and assisted us during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation I: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition IL 2 of the Swine Waste System General Permit No. AWG 100000. On February 17, 2014, staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-350-2004 Internet: www.ncwateEguality.org Aaurally oeCarolina An Equal Opportunity/Affirmative Action Employer 50% Recyc1ed110% Post Consumer Paper Customer Service 1-877-623.6748 Crooked Run Farm Notice of Violation 71-12 February 25, 2014 Page 2 of 2 Violation 2: Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. A W G 100000. On February 17, 2014, staff inspected the lagoon and found the freeboard level to be at twelve (12) inches. Violation 3: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty- four (24) hours following first knowledge of the storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 2 of the General Permit in accordance with Condition Ill. 13c of the Swine Waste System General Permit No. AWG100000, On February 17, 2014, staff from the Wilmington Regional Office had not been notified of non-compliance levels in the lagoon within the twenty-four (24) hour time frame. Required Corrective Action for Violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by April 11, 2014. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. Sincerely, Q s,_egson 1 Regional Supervisor North Carolina Division of Water Resources cc; APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC ' DWR Wilmington Animal Files 71-12 G:IWQISHARED/ANIMALSIPENDER12014171-12NOV Wilmington Regional Office One 127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina Phone: 910-796-7215 / FAX: 910-350-2004 Internet: w~ncwateraualitv.org Naturally An Equal Opportunity/Affirmotive Action Employer Customer Service 1-877-623-6748 50% Recycled/ 10% Post Consumer Paper 0 W Murphy-Bl Qwn LLC PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax:910-293-6957 April 08, 2014 ECEIVE Jim Gregson Wilmington Regional Office A8 PR 14 2014 NC Division of Water Resources BY 127 Cardinal Drive Extension Wilmington, NC 28405 Mr. Gregson, I am writing this letter in response to the Notice of Violation issued on February 25, 2014 to the Bandit 3, LLC's Crooked Run Farm, permit number AWS710012 in Pender County. This NOV references (1) failure to maintain a vegetative cover (2) inadequate freeboard, (3) failure to notify the Division of Water Resources of inadequate freeboard. In reference to item (1) failure to maintain a vegetative cover. Due to a previous management decision, a winter crop was not planted. Once new management took over this facility, a wheat crop was planted on 3/11/2014 and the NUP has been amended to make a winter crop optional under specific conditions. Item (2) references inadequate freeboard. Due to the previous management decision not to plant a winter crop and wet weather conditions, land application could not occur causing the freeboard to rise. Since new management has taken over, a new OIC is being designated, and an "Aerway" machine and operator was hired to apply to the wheat and corn crops and has since brought the lagoon back into compliance. Item (3) references our Failure to notify DWR of inadequate freeboard. A POA was submitted on 2/12/2014 by Greer Moore. An entirely new management team has taken over this facility and it's operation. A co- owner and operator who was involved in an accident and due to a coma, is unable to respond to any of the points listed. Since then, a silent partner has stepped forward and taken over management and hired an entirely new team to oversee the farming, land application and recordkeeping for Crooked Run Farm. Enclosed you will find the invoice for the wheat that was planted 3/11/2014, new OIC designation forms and the revised NUP. Much has been learned from this incident and as noted above, steps have been taken to prevent reoccurrences. I ask on behalf of Bandit 3, LLC and Crooked Run Farm, that the Notice issued, be reconsidered. if there are any further questions or concerns, please feel free to call me at (910) 293-5334. Sincerely, Robbie Montgomery -I- ca n^ ru m CEM Postage $ 0 certtHed Fee M Postmark C3 Retum Rece[pt Fee Here p (Endorsement Required) f �t'� 0 Restricted Dallwary Fee 14^� C (Endomement Required)cr ti TbW $ Ppstaye m Fees , 0 M oN�'a - ----- r- -......... _--�................_.....-.------ apoflax_ 53 j F�°��_--.......... ,, J 'Murphy -Brown, LLC Grower(s): Farm Name: 4/10/2014 P.O. Sox 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Bandit III Inc. Crooked Run Farm County: Pender Farm Capacity: Farrow to Wean Farrow to Feeder Farrow to Finish Wean to Feeder Wean to Finish Feeder to Finish 4,200 Storage Structure: Storage Period: Application Method: Anaerobic Lagoon >180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 8 e 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, W, tons, etc.): Ca aci Type Waste Produced per Animal Total Farrow to Wean 3212 gal/yr gallyr Farrow to Feeder 4015 gallyr gallyr Farrow to Finish 10585 gallyr gallyr Wean to Feeder 223 gallyr gallyr Wean to Finish 838 gal/yr gallyr 4200 Feeder to Finish 986 gallyr 4,141,200 gal r Total 4,141,200 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): Capacity Type Nitrogen Produced per Animal Total Farrow to Wean 3.85 Ibslyr Ibstyr Farrow to Feeder 6.95 Ibs/yr Ibslyr Farrow to Finish 18.86 Ibslyr Ibstyr Wean to Feeder 0.35 Ibslyr Ibslyr Wean to Finish 1.4 Ibslyr Ibstyr 42001 Feeder to Finish 1.67 Ibsl r 1 7,014 Ibs r Total 7,014 lbstyr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 62.96 Total N Required 1st Year: 7889.8 Total N Required 2nd Year: Average Annual Nitrogen Requirement of Crops: 7,889.80 Total Nitrogen Produced by Farm: 7,014.00 Nitrogen Balance for Crops: (876.80) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2 of 8 Reception Area Specifications Tract Field Irrigated soil 1st Crop Time to 1st Crop 1st Crop Lbs NJAc Lbs N Total Ibs N Acreage TMM Code Apift Yield [be NlUnit Residual JAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop t-bs NJAc Lbs N Total Ibs N Code Apply Yield Ibs NlUnit Residual Me Utilized Total Lbs NlAc Total Ibs N Utilized CR P1 2.05 Ls D Febl5-June 125.0 1.06 133 271.625 N Sept -April 55 1.86 102.3 209.715 234.8 481.34 CR P2 2.87 Ls D FeblS-June 125.0 1.06 133 380.275 N SepLL,.pj 55 1.86 102.3 294 234.8 673.876 CR P3 2.97 Ls D Feb15-June 125.0 1.06 133 393.525 N Sept -April 55 1.86 102.3 304 234.8 697.356 CR P4 3.66 Ls D Feb15-June 125.0 1.06 133 467.6 N Sept -April 55 1.86 102.3 376 234.8 864.064 CR P5 4.77 Ls D Febl5-June 125.0 1.06 133 632.025 N Sept -April 55 1.86 102.3 487.971 234.8 1119.996 CR P6 4.05 Ls D Febl5-June 125.0 1.06 133 536.625 N Sept-Apdl 55 1.86 102.3 414.315 234.8 950.94 CR P7 4.06 Ls D I Febl5-June 125.0 1.06 133 537.95 N Sept -April 55 1.86 102.3 415.338 234.8 953.288 CR P8 4.05 Ls D Febl5-June 125.0 1.06 133 536.625 N Sept -April 55 1 1.86 102.3 414 234.8 950.94 CR P9 4.3 Ls D Feb15-June 125.0 1.06 133 569.75 N Sept-Aprd 55 1.86 102.3 440 234.8 1009.64 CR P10 4.6 Ls D Febl5-June 125.0 1.06 15 118 540Q5 N Se t-A riI 55 1,86 102.3 471 219.8 1011,08 CR P11 4.46 Ls D Feb15-June 125.0 1.06 15 118 524.05 N Sept -April 55 1.86 102.3 456,258 219.8 980.308 CR P12 4.06 Ls D Febl5-June 125.0 1.06 15 118 477.05 N Sept -April 55 1.86 102.3 415 219.8 892.388 CR P13 3.97 Ls D Febl5-June 125.0 1.06 15 118 1 466.475 N ept-April 55 1.86 102.3 406 219.8 872.606 CR P14 3.82 Ls D Febl5-June 125.0 1,06 15 118 448.85 N Sept -April 55 1.86 102.3 391 219.8 839.636 CR P15 3.5 Ls D Febl5-June 125.0 1.06 15 118 411.25 N Sept -April 55 1.86 102.3 358 219.8 769.3 CR P16 3.08 Ls D Febl5-June 125.0 1,06 15 118 361.9 N Sept-AP611 55 1.86 102.3 315.084 219.8 676.984 CR P17 2.67 Ls D Febl5-June 125.0 1.06 15 118 313.725 N Sept -April 55 1.86 102.3 273 219.8 586.866 CR P16 2.21 Ls D Febl5-June 125.0 1.06 15 118 259.675 N Sept -April 55 1.86 102.3 226.083 219.8 485.758 Optional - Sub Pl-P5 0.19 Ls ❑ Febl5-June 125.0 1.06 15 118 22.325 N Sept -April 55 1.86 102.3 19 219.8 41.762 Sub P6-P7 0.96 Ls D Feb15-June 125.0 1.06 15 118 112.8 N Sept -April 55 1.86 102.3 98 219.8 211.008 Sub P8-P9 3.48 Ls D Febl5-June 125.0 1.06 15 118 408.9 N Sept -April 55 1.86 102.3 356 219.8 764.904 Sub P10 1.13 Ls D Febl5-June 125.0 1.06 15 118 132.775 N Sept -April 55 1.86 102.3 116 219.8 248.374 Sub P11 0.93 Ls D Febl5-June 125.0 1.06 15 118 109.275 N Sept -April 55 1.B6 102.3 95 219.8 204.414 Sub P12 1.3 Ls D Febl5-June 125.0 1.06 15 118 1 152.75 N Se t- riI 55 1.B6 102.3 133 219.8 285.74 Sub P13 1.42 Ls D Febl5.June 125.0 1.06 15 118 166.85 N Sept -April 55 1.86 102.3 145 219.8 312.110 Sub P14 1.06 Ls D Febl5-June 125.0 1.06 15 118 124.55 N Seet-!riI 1 55 1.B6 102.3 108 219.8 232.988 Sub P15 1 1.39 Ls D Febl5-June 125.0 1.06 15 118 163.325 N Sept -April 55 1.86 102.3 142 1 219.8 305.522 Sub P16 1.23 Ls D Febl5-June 125.0 1.06 15 118 144,525 N Se t-A riI 55 1.86 102.3 126 219.8 270.354 Sub P17 1.03 Ls D Febl5-June 125.0 1.06 15 118 121.025 N Sept -April 55 1.86 102.3 105.369 219.8 226.394 subP18 1.25 Ls D Febl5-June 125.0 1.06 15 118 146.875 N Sept -April 55 1,86 102.3 127.875 219.8 274.75 Sub Pl9 1.72 Ls D Febl5-June 125.0 1.06 15 118 202.1 N Se t- ril 55 1.86 102.3 175.956 219.8 378.056 Totals: 02.90 7009.8 0440.8" 9f330.81 3(a) of 8 Reception Area Specifications Tract Field Irrigated Soil Tat Crop Time to 1st Crop 1st Crop Lbs NIAc Lbs N Total Ibs N Acreage Type Cade Apply Yield Ibs N/Unit Residual IAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NIAc Lbs N Total Itn N Code Awtv Yield Ibs NNnit Residual IAc Utilized Total Lbs NIAc Total The N Utilized CR P1 2.05 LS O April -Se 1 35.0 3.04 134 275.52 0 0 134.4 275.52 CR P2 2-87 Ls O ril-Se t1 35,0 3.84 134 385.728 0 0 134.4 385.728 CR P3 2.97 LS O ril-Se t1 35.0 3.84 134 399.168 0 0 134.4 399,168 CR P4 3.68 Ls O HI -Se tt 35.0 3.84 134 494.592 0 0 134A 49C592 CR P5 4.77 LS O April -Se t1 35.0 3.84 134 641.088 0 0 134A 641.088 CR P6 4.05 Ls O April -Se tt 35.0 3.84 134 544.32 0 0 134.4 544.32 CR P7 4.06 LS O April -Se t1 35.0 3.84 134 545.664 0 0 134.4 545.664 CR Ps 4.05 Ls O hl-Se ti 35.0 3.84 134 544.32 0 0 134.4 544.32 CR P9 4.3 LS O dl-Se t1 35.0 3.84 134 577.92 0 0 134.4 577.92 CR P10 4.6 Ls O April -Se t1 35.0 3.84 134 618.24 0 0 134.4 618.24 CR P11 4.46 Ls 0 April -Se t1 35.0 3.84 134 599.424 0 0 134.4 599.424 CR P12 4.06 Ls O ri�Se t1 35.0 3.84 134 545.664 0 0 134.4 545.664 CR P13 3.97 Ls 0 April-Sept1 35.0 3.84 134 533.568 0 0 134.4 533.568 CR P14 3.82 Ls O ri�Se t1 35.0 3.84 134 513.408 0 0 134.4 513.408 CR PIS 3.5 Ls O &Se t 35-0 3.84 134 470.4 0 0 134.4 470.4 CR P16 3.08 Ls O rii-Se t1 35.0 3.84 134 413.952 0 0 134.4 413.952 CR P17 2.67 Ls O nkSe ti 35.0 3.84 134 358,848 ' 0 0 134.4 358.848 CR P18 2.21 Ls O April -Se t1 35.0 3.84 134 297.024 0 0 134.4 297.024 "O bonal" 0 0 Sub PI-P 0.19 Ls O rikSe t1 35.0 3.84 134 25.536 0 0 134.4 25.536 Sub P6-P 0.96 Ls O April -Se ti 35.0 3.84 134 129,024 0 0 134.4 129.024 Sub P8-P 3.48 Ls O April -Se t1 35.0 3.84 134 467.712 0 0 134.4 467.712 Sub P10 1.13 LS O April -Se ti 35.0 3.84 134 151,872 0 0 134.4 151.872 Sub P11 0.93 LS O April -Se tt 35.0 3.84 134 124.992 0 0 134.4 124.992 Sub P12 1.3 LS O dl-Se t1 35.0 3.84 134 174.72 0 0 134A 174.72 Sub P13 1.42 LS O Apdi-Septl5i 35.0 3.84 134 190.848 0 0 134.4 190.848 Sub P14 1 1.06 LS OApril-Se t1 35.0 3.84 134 142.464 a 0 134.4 142.464 Sub P15 1.39 LS O Ap6v$ept15j 35.0 3.84 134 186.816 0 0 134.4 186.816 Sub P16 1.23 LS OApril-Se t1 35.0 3.84 134 165.312 1 0 0 134.4 165.312 Sub P17 1.03 L$ O Ap6l-Sept-161 35.0 3.84 134 138.432 0 0 134.4 138.432 Sub P18 1.25 Ls O AD&Septl5j 35.0 3.84 j 134 168 0 1 0 134.4 168 Sub P19 1.72 LS O Apw-sepl:151 35.0 3.84 134 231.168 0 0 134.4 231.168 Totals: 82.28 11055.74 0 11055.74 3(b) of 8 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lba NIAc Lbs N Total Ibs N Acreage Type Cade Apply Yield lba NlUnit Residual lAc Utilized I 2nd Crop Time to 2nd Crop 2nd Crop Lbs N1Ac Lbs N Total Ibs N Code Apply Yield lbs NlUntt Residual IAc Utilized Total Lbs NIAc Total The N Utt[ized CR P1 2.05 Ls F March l5-Au 800.0 0.066 53 108.24 0 0 52.8 108.24 CR P2 2.87 Ls F March15-Au 800.0 0.066 53 151.536 0 0 52.8 151.536 CR P3 2.97 Ls F March15-Au 800.0 0.066 53 156.816 0 0 52.8 156.616 CR P4 3.68 Ls F March15-Aer 800.0 0.066 53 194,304 0 0 52.8 194.304 CR P5 4.77 Ls F March15-Au 800.0 0.066 53 251.856 ` 0 0 52.8 251.856 CR P6 4,05 Ls F MarrhJ5-Aug 800.0 0.066 53 213.84 ` 0 0 52.8 213.84 CR P7 4.06 Ls F MarrhI5-Aua 800.0 1 0.066 53 214.368 0 0 52.8 214.368 CR P8 4.05 Ls F March15-Aug 1 800.0 0.066 53 213.84 0 0 52.8 213.84 CR I P9 4.3 Ls F March15-Aug 1 800.0 0.066 53 227.04 0 0 52.8 227.04 CR P10 4.6 Ls F March15-Au 1 800.0 0.066 53 242.88 0 0 52.8 2442.88 CR P11 4.46 Ls F Marrh 15-Aug 1 800.0 0.066 53 236.488 0 0 52.8 235.488 CR P12 4.06 Ls F March15-Aug 1 800.0 0.066 53 214.368 0 0 52A 214.368 CR P13 3.97 LS F March15-Au 1 800.0 0.066 53 209.616 0 0 52.8 209.616 CR P14 3.82 Ls F Marr-h15-Auq 1 800.0 0.066 53 201.696 0 0 52.8 201.696 CR P15 3.5 Ls F MarchIS-Aug 1 800.0 0.066 53 184.8 0 0 52.8 184.8 CR P16 3.08 Ls F March15-Au 1 800.0 0.066 53 162.624 0 0 52.8 162.624 CR P17 2.67 Ls F Marrh15-Aug 1 800.0 0.066 53 140.976 ' 0 0 52.8 140.976 CR P18 2.21 Ls F Marchl5-Au 1 800.0 0.066 53 116.688 0 0 52.8 116.688 "O banal'• 0 0 Sub P1-P5 0.19 Ls F I March15-Au 1 800.0 0.066 53 1 10.032 0 0 52.8 10.032 Sub P6-P7 0.96 Ls F Marsh15-Au 1 800 0 0,066 53 50.688 0 0 52.8 50.688 Sub P8-PS 3.48 Ls F March15-Au i 800.0 0,066 53 183.744 0 0 52.8 103.744 Sub P10 1.13 Ls F March15-Au 1 800-0 0.066 53 59.664 0 0 52.8 59.664 Sub Pi 1 0.93 Ls F Marrhi5-Aug 1 800.0 0.066 53 49.104 0 0 52.8 49.104 Sub P12 1.3 Ls F Marrh15-Aug 1 800.0 0.066 53 68.64 0 0 52.8 68.64 Sub P13 1.42 Ls F March15-Aug 1 800.0 0.066 53 74A76 0 0 52.8 74.976 Sub P14 1 1.06 Ls F March15-Aug 1 800.0 0.066 53 55.968 ' 0 0 52.8 55,968 Sub P15 1.39 Ls F March15-Au 1 800.0 0.066 53 1 73.392 ' 0 0 52.8 73.392 Sub P16 1.23 Ls F March15-Au 1 000.0 0.066 53 64.944 ' 0 0 52.8 64.944 Sub P17 1.03 Ls F Marc!115-Aug 1 800.0 0.066 53 54.354 0 0 52.8 54,384 Sub P18 1.25 Ls F Mareh15-Au 1 800.0 0.066 1 53 66 0 0 52.8 66 Sub P19 1.72 Ls F March15-Au 1 800.0 0,066 53 90.816 0 0 52.8 90.816 any field Ls M Mar15-Aug 60.0 1.61 97 0 0 0 Totals: 8120 4343.328 0 4343.328 3(b) of 8 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will defrnately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop Lbs N utilized / unit yield A Barley 1.6 lbs N 1 bushel B Hybrid Bermudagrass - Grazed 50 lbs N / ton C Hybrid Bermudagrass - Hay 50 lbs N 1 ton D Corn - Grain 1.25 ibs N / bushel E Corn - Silage 12 lbs N / ton F Cotton 0.12 lbs N I lbs lint G Fescue - Grazed 50 lbs N / ton H Fescue- Hay 50 lbs N 1 ton I Oats 1.3 lbs N / bushel J Rye 2.4 lbs N 1 bushel K Small Grain - Grazed 50 lbs N / acre L Small Grain - Hay 50 lbs N / acre M Grain Sorghum 2.5 lbs N / cwt N Wheat 2.4 lbs N / bushel O Soybean 4.0 lbs N / bushel P Pine Trees 40 lbs N / acre / yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4of8 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PAN/ rlanimal Farm Totall r Farrow to Wean 0.84 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Wean to Finish 0.306 4200 Feeder to Finish 0.36 1512 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 1512 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. if you remove the sludge every 5 years, you will have approximately 7560 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayiand at the rate of 300 pounds of nitrogen per acre, you will need 25 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 60.48 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. *This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. i Cali 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. 5of8 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type_ Crop inlhr * Inches_ CR P1 Ls D 0.5 _ 1 CR P2 Ls D 0.5 1 CR P3 Ls D 0.5 1 CR P4 Ls D 0.5 1 CR P5 Ls D 0.5 1 CR P6 Ls D 0.5 1 CR P7 Ls D 0.5 1 CR P8 Ls D 0.5 1 CR P9 Ls D 0.5 1 CR P10 Ls D 0.5 1 CR P11 Ls D 0.5 1 CR P12 Ls D 0.5 1 CR P13 Ls D 0.5 1 CR P14 Ls D 0.5 1 CR P15 Ls D 0.5 1 CR P16 Ls D 0.5 1 CR P17 Ls D 0.5 1 P18 Ls D 0.5 1 "Optional" Sub P1-P5 Ls D 0.5 1 Sub P6-P7 Ls D 0.5 1 Sub P8-P9 Ls D 0.5 1 Sub P10 Ls D 0.5 1 Sub P11 Ls D 0.5 1 Sub P12 Ls D 0.5 1 Sub P13 Ls D 0.5 1 Sub P14 Ls D 0.5 1 Sub P15 Ls D 0.5 1 Sub P16 Ls D 0.5 1 Sub P17 Ls D 0.5 1 Sub P18 Ls D 0.5 1 Sub P19 Ls D 0.5 1 6 of 8 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Crooked Run Farm Owner: Bandit III Inc. Manager: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Bandit III. Inc Signature: At w Name of Manager (if different from owner): Signature: Date Date Name of Technical Specialist: Toni W. King Affiliation: Murphy -Brown, LLC. _ Address: 2822 Hwy 24 West, PO Drawer 856 _ Warsaw, NC 28398 Telephone: 910 293-3434 Signature: vL 8of8 Additional Comments: Producer usually plants a corn or cotton then wheat rotation in pulls 1-9 and acorn, wheat and bean rotation in pulls 10-18. Producer has the option of continuing a 2 year rotation using either corn, cotton, grain sorghum, soybeans and wheat. Grower has also gained sub field acres which may be utilized using an "AeTay" machine. This NUP will balance with just a summer crop of corn or beans without a winter crop. If producer plants cotton, producer needs to make sure that either a winter crop follows or do a combination of summertwinter crops to utilize at least 7015 Ibs PAN per year. 7of8 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 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 property apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recieving crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the 1 of 3 NUTRIENT UTILIZATION PLAN 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 Nutrients from waste shall not be applied in fail 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. Any new swine facility sited on or after October 1, 1995 shall comply with the following: 11 The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. Animal waste shall not be applied closer than 100 feet to wells. 12 Animal waste shall not be applied closer than 200 feet of dwellings other than those 13 . owned by the landowner. Waste shall be applied in a manner not to reach other property and public right-of-ways. 14 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland 15 provided the fields have been approved as a land application site by a "technical specialist'. Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 2of3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular 19 basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. Animal waste can be used in a rotation that includes vegetables and other crops for direct 20 human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. Highly visible markers shall be installed to mark the top and bottom elevations of the 21 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. 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 22 nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 3 of 3 Crooked Run Farms Facc. No.: 7��11I��—AA12 Scale: I *=401Y ,1 1.72 Ac. J s�-h �a �.\3 5.73 Ac. 16.51 Ac. oq3 5.39 Ac. VI- -3-0 5.36 Ac. ❑ �w Lagoon 411 to LA 00 00 o c° w b W o 0 D �� 9.07 Ac. �- rn D > F N N 11.83 Ac. 3i J s N 6 �, Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A 8F .0201 Facility/Farm Name: L _'rM V.e_'x _ 9" Permit #: �W�1 �]O (�. Facility ID#: County: 3-ate Operator In Charge (OIC) Name: First t Middle Last I Jr, Sr, etc. Cert Type / Number: AW4. QAq 3 a. CK Work Phone: A l b OR- — c5 ,P 9% Signature:6�g e �f / Date: "I certify that I%Srea to my designation as the Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-up Operator In Charge (Back-up OIC) (Optional) First Middle Last Jr, Sr, etc. Cert Type / Number: Work Phone: Signature: Date: I certify that I agree to my designation as Back-up Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Owner/Permittee Name: I Y7 M Lt Phone #: (QIo) a o`1" S2I3 Fax#: ( Signature: MJDate: (Owner or authorizeen Mail or fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919-733-1338 (Retain a copy of this form for your records) Revised W007 CROP PRODUCROM SERVICES, IHC, A1116 T GM NC (285) 2954 MvW 1111903 N (Pink HUI) Albefta% NC 28500 252-568-31n 30SEPH DALE SZALOW (1300339) 3205 MASOMBORO HARBOUR DR WXLMINWn^ NG 28409 Ship Vls No shonoR lqmp Pmducddn sa v%es 1000401340 - PI 261153 WHEAT 50UMB 50.0000 EA 6.0000 EPA # WHEAT ids : U06=27 (50.0000) __�.�f�0030D?3� -isT �61�i6'St�`fEA'"—• ---- ------50.OYIDD-EA-- — . �.0�--.�_�_ EPA # WHEAT Lots : U061CD39 (50.0000) 1000000670 - SPREADER TWO( - ACRE 79.0000 AC 9.0000 In case of emergency, call ChenMree at 1-800.424-9300. INVOICE Invoice #: 23445775 Invoice Date 03/11/14 Due Date: 04/10/14 Ship Date: 03/11/14 Order #: 1034955 PO# : SWm Raw HOWARD (100916) 300.00 711.00 payment in full is duo and payable on the 10th of the month following the statement date, for invoice amounts not paid by the 25th of the month following the statement date, cnstomaa shall also be liable for a•late fee equal to tour percent (40 of the unpaid amount for purchases in Borth Carolina and kississippi and five percent (S*) in other states; (iii) for invoice amounts not paid by the 2Sth of the month follawing the statement date, you shall also be liable fox interest accrued on the unpaid balance at the highest rate allomabLh by law. in the event of any conflict between the terms of the invoice and the Customer profile, the terms of the iavoiow shall control. Invoice Sub Totak A�dlllanel InMrenettorl `' 1,311.00 Sales Tbx: 0.00 Invoke Total: 1,311.00. Less P+w ny Use* 0.00 Lan Prepay Dkaaunl~ 0.00 Grnss Invoke Total: 1,311.00 0.00 Amount Due 1,311.00 LeinIt`ro�:: CROP PRODUCTION SERVICES, INC. 2954 Hwy 111/903 N (Pink Hill) Albertson, NC 2008 NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E, Skvarla, 1/1 Governor Director Secretary February 25, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010-0290-0003-0834-2984 Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATION NOV-2014-PC-0042 Administrative Code 15A NCAC 2T .1304 Crooked Run Farm No. 71 - 12, Permit No. AWS710012 Pender County Dear Bandit 3, LLC: On February 17, 2014, staff of the NC Division of Water Resources (DWR) inspected the Crooked Run Farm and the permitted waste management system. We wish to thank Mr. Robbie Montgomery, who was present and assisted us during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with Condition I1. 2 of the Swine Waste System General Permit No. AWG 100000. On February 17, 2014, staff inspected land application fields and found no signs of crops to allow proper removal of waste during the winter crop window. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, INC 28405 Phone: 910-796-7215 1 FAX: 910-350-2004 Internet: www.ncwaterauality,ora NorthCarolina Natumllff a An Equal OpportunitylAffirmafive Action Emptoyer 50% Recycled/ 10% Post Consumer Paper Customer Service 1-877-623-6748 Crouked Run Farm Notice�of Violation 11-12 February 25, 2014 Page 2 of 2 Violation 2: Failure in maintaining the waste level in lagoon/storage pond to not exceed maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000. ' On February 17, 2014, staff inspected the lagoon and found the freeboard level to be at twelve (12) inches. Violation 3: Failure to notify to the appropriate Division Regional Office as soon as possible, but in no case more than twenty- four (24) hours following first knowledge of the storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 2 of the General Permit in accordance with Condition III. 13c of the Swine Waste System General Permit No. AWG100000. On February 17, 2014, staff from the Wilmington Regional Office had not been notified of non-compliance levels in the lagoon within the twenty-four (24) hour time frame. Required Corrective Action for Violations: Please provide to our office, a description of the corrective action you will take to prevent this from occurring again. You are required to provide a written response to this Notice by April 11, 2014. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact John Farnell at (910)796-7388. Sincerely, Jim egson Regional, Supervisor North Carolina Division of Water Resources cc: APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC ' DWR Wilmington Animal Files 71-12 G:IWQISHARMAN 1MALSTENDER12014171-12NOV Wilmington Regional Office One 127 Cardinal Drive Extension Wilmington, NC 28405 NorthCarolina Phone: 910-796-72151 FAX: 910-350-2004 1' // Internet: vvww.ncwaieraualitv.org Naturally An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-67448 50% Recycled/ 10% Post Consumer Paper INCIDENT SYNOPSIS - CASE NO: NOV-2014-PC-0078 ENFORCEMENT ACTION / CIVIL PENALTIES FARM NAME: Crooked Run Farm PERMIT NO: AWS710012 VIOLATOR NAME: Bandit 3, LLC FACILITY NO: 71-012 COUNTY: Pender OFFICE: WIRO March 4. 2014 — Complaint On March 4, 2014, the WIRO received a complaint that animal waste was being irrigated onto saturated fields. The Division of Water Resources and The Division of Soil and Water first inspected the site on March 5, 2014 and returned on March 6, 2014 to take samples and pictures. March 5. 2014 and March 6, 2014 - Inspection WIRO inspected the Crooked Run farm and found: N Lagoon freeboard level was at 14 inches on March 6, 2014 photo of lagoon // On March 5, 2014 field behind the hog houses that used to be a gamma grass field was barren of a cover crop and had ponding and saturation issues. ►► The field ditch located approximately sixty feet from the gun cart tracking wheel had visible waste but was not seen leaving the site. Informed Mr. Robbie Montgomery by phone to have waste pumped back into lagoon and not onto field. /1 On March 6, 2014 field had been broken up by tractor and waste pumped from the ditch back onto same field. N Samples taken from ditch (with photo) on March 6, 2014. PHOTO COMMENTS PHOTO NO. COMMEMT I Field behind the hog houses that used to be in gamma grass had no signs of cover crop 2 Gun cart tracking wheel approximately sixty feet from field ditch 3 Field ditch with visible waste 4 Lagoon freeboard level of approximatclX 14 inches 5 Field after tractor had broken up ground and waste pumped on. 6 Sample 3 taken from field ditch All samples were delivered to Environmental Chemists, Inc. in Wilmington, NC at 2:40 pm on March 6, 2014, All the samples were analyzed for fecal Coliform and Total Nitrogen. The sample results are as follows: Sample ID Fecal Coliform colonies/100 mL Total Nitrogen ni /L Sample 3 7270 78.9 Crooked Run Farm 71-012 March 7, 2014 -- Requested by Robbie Montgomery Follow uR A follow up visit was conducted by John Farneil, Jim Gregson, John College, Joe Szaloky and Robbie Montgomery on March 7, 2014 at 1:00 pm within the WIRO. March 13, 2014 — Follow up Inspection report was delivered to Mr. Robbie Montgomery at his work location on March 13, 2014. March 27, 2014 - NOV A NOV was issued March 27, 2014 citing four violations: . Land application field had animal waste ponding and running off into an adjacent ditch. 2. Land application field had no signs of crops to allow proper removal. 3. Land application Feld had waste being applied not according to the CAWMP 4. Staff from the Wilmington Regional Office had not been notified of non-compliance. discharge or ponding within the twenty-four (24) hour time frame. April 8, 2014 - Response to NOV Bandit 3, LLC response to the NOV was: ►► Mr. Robbie Montgomery did not disagree with the ponding and run off of waste from the field. Actions were taken to contain and return waste to the lagoon. The employment of the operator at the time has been terminated for his mismanagement of the application system. N Mr. Robbie Montgomery did not disagree with not establishing a crop. Plans were to plant an appropriate crop within 30 days and wheat has been planted in that time frame. Arrangements have been made for different farming crew to do all planting. 0* As previously stated employee responsible for the application has been terminated and a new OIC along with appropriate paperwork already put into employment. 11 Mr. Robbie Montgomery did not disagree with failure to notify the W1RO and states that new management structure will prevent re -occurrence of this issue. PREVIOUS VIOLATIONS AND PENALTIES There is one NOV for Bandit 3, LLC. The violation was: 1. February 25, 2014 —NOV for insufficient freeboard and failure to notify. Crooked Run Farm 71-012 STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF BANDIT 3, LLC FOR VIOLATIONS OF SWINE WASTE GENERAL PERMIT AWGI00000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORT14 CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. NOV-2014-PC-0078 FINDINGS AND DECISION AND ASSESSMENTS OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources (DWR), I, .fay Zimmerman, Section Chief of the Water Quality Regional Operation Section, make the following: FINDINGS OF FACT: A. Bandit 3, LLC owns and operates Crooked Run Farm, a swine animal operation located Northeast of Penderlea, North Carolina on the south side of NC Hwy I I in Pender County. B. Bandit 3, LLC was issued Certificate of Coverage AWS710012 under Swine Waste Management System General Permit AWG 100000 for Crooked Run Farm on May 16, 2012, effective May 16, 2012, with an expiration date of September 30, 2014 for the operation of a swine waste collection, treatment, storage, and application system. C. During the March 6, 2014 DWR site visit, a land application field was observed to have animal waste ponding and running off the field into an adjacent ditch. Bandit 3, LLC response on April 8, 2014 does not disagree with inspector's.observations. D. Condition II. 5 of the General Permit AWG 100000 states in part that, "In no case shall land application rates result in excessive ponding or any runoff during any given application event." E. During the March 6, 2014 DWR site visit, a land application field was observed having no signs of crops to allow proper removal of animal waste. F. Condition 11, 2 of the General Permit AWG 100000 states in part that, "A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP." G. During the March 6, 2014 DWR site visit, a land application field was observed to have animal waste applied in a manner not according to the CAWMP. H. Condition If. 17 of the General Permit AWG 100000 states in part that, "the OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP." During the March 6, 2014 DWR site visit, staff from the Wilmington Regional Office had not been notified of non-compliance discharge or ponding within the twenty-four (24) hour time frame. J. Condition III. 13a of the General Permit AWG 100000 states in part that, "The Permitte shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more that twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Any discharge to ditches, surface waters or wetlands." K. The costs to the State of the enforcement procedures in this matter totaled $1025,13. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Bandit 3, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above -cited ponding and run off of animal waste into an adjacent ditch violated Condition H. 5 of the General Permit. D. The above -cited land application field without vegetative cover violated Condition II. 2 of the General Permit. E. The above -cited land application field had animal waste not applied according to the CAWMP violated Condition 11. 17 of the General Permit. F. The above -cited absence of notification of non-compliance violated Condition III. 13a of the General Permit, G. Bandit 3, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty -Five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Bandit 3, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). I. The Section Chief of the Water Quality Regional Operation Section, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Bandit 3, LLC, owner of Crooked Run Farm, is hereby assessed a civil penalty of: for violating Condition No. II. 5 of the General Permit AWG 100000 by ponding and run off of animal waste for violating Condition No, 11. 2 of the General Permit AWG 100000 for application field without vegetative cover for violating Condition No. 11. 17 of the General Permit AWG 100000 for animal waste not applied according to CAWMP for violating Condition No. III. 13a of the General Permit AWG 100000 for not notifying of non-compliance TOTAL CIVIL PENALTY $ 1025.13 Enforcement costs $ TOTAL AMOUNT DUE As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G. S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Jay Zimmerman. Section Chief Water Quality Regional Operation Section Division of Water Resources A �� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrary Governor May 21, 2014 MEMORANDUM TO: Christine Lawson, Acting Supervisor Animal Feeding Operations Permitting and Compliance Unit FROM: John Farnell, Environmental Engineer I Wilmington Regional Office THROUGH: Jim Gregson, Environmental Program Supervisor III Wilmington Regional Office SUBJECT: Enforcement Report Bandit 3, LLC Crooked Run Farm Facility Number; 71-012 Pender County John E. Skvarla, III Secretary Please find attached the subject enforcement report, which concludes that Bandit 3, LLC violated Condition No. I1. 5 of the General Permit AWG 100000 for ponding and run off of animal waste into an adjacent ditch on March 6, 2014. Bandit 3, LLC violated Condition No. 11. 2 of the General Permit AWG100000 for applying animal waste on an application field without vegetative cover. Bandit 3, LLC violated Condition No. II. 17 of the General Permit AWG 100000 for not applying animal waste to a land application field according to the CAWMP. Bandit 3, LLC violated Condition No, III. 13a for not notifying of non-compliance to the WIRO. On March 4, 2014, the WIRO received a complaint that animal waste was being irrigated onto saturated fields. Representatives from the Division of' Water Resources and the Division of Soil and Water went and inspected the site on March 5`" and 61". Ponding and run off of animal waste was observed and samples were taken along with photos of the incident. A Notice of Violation and Recommendation for Enforcement (Case 4 NOV-2014-PC-0078) was issued on March 27, 2014 for above mentioned violations to the General Permit AWG 100000. It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143- 215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $1025.13 pursuant to G.S. 143-215.3(a)(9) and G.S. 14313- 282.1(b)(8). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 Internet: www.ncdenr.gov An Equal Opportunity 4 Affirmative Action Employer - Made in part by recycled paper If you have any questions, please contact me at 910-796-7388. Attachments cc: Wilmington Regional Office (Entire Enforcement Package) S:1WQSIANIMALS1Aender12014171-12NOVR13P171-012 Memo ell, k-a e, 'Ak Kv "I IV pk 6 IZ4( 71 el - MV55 �Aq 'It jw -dill �r �Tk .3. 47 6./ �k 'IVA 'Alf ol . N'll "7-'.OF v ,! i P�P 01 InY °"-TY' J..�44�{jy.�'�r I �Y3 � � }fir ��({��/,�IJ({j� �k. L '"" ?4 ?5-�. Y�` � j r ��p wry C ,•�,;�� ,'� •?.F.�'If7� .r... 'RYW, fIG.�.:,.1 ] ;.�u.}�a.. .. ! �• .�`�faLf4Yi,II4'. _ _ �.: Ai WNI Violator: County: Case Number: Permit Number: DIVISION OF WATER QUALITY CIVIL PENALTY ASSESSMENT FACTORS Bandit 3, LLC Pender NOV-2014-PC-0078 AWS710012 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. The State's enforcement costs totaled $1025.13, as follows: Staff 12 hours @ $21.49/hour $ 257.88 Staff 12 hours @ $21.70/hour $ 260.40 Samples 9 Nutrients @ $40.00/sample $ 360.00 Mileage 267 miles @ $0.55/mile 146.85 Total $1025.13 Date Supervisor Name rev 1.0.8,31.09 t. e ��� ir&FENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E, Skvarla, III Secretary July 8, 2014 mEGOVE CERTIFIED MAIL - #7012 1640 0000 9792 4589 R JUL 1 Q 2014 RETURN RECEIPT REOUESTED Bandit 3, LLC BY. Crooked Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 71-0012 Pender County Enforcement File No. PC-2014-0007 Dear Bandit 3, LLC: This letter transmits notice of a civil penalty assessed against Bandit 3, LLC in the amount of $4200.00, and $1025.13 in investigative costs, for a total of $5225.13. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water 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: 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 waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 9IM07-6464 1 Internet: http://www.ncdenr.aovl An Equal Opportunity 4 Affirmative Action Employer— Made in part by recycled paper Assessment of civil penalty " Bandit 3, LLC Enforcement # PC-2014-0007 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Cornrnittee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement, in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa Garoma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carol ina27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment docurent you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 1 ` Assessment of civil penalty Bandit 3, LLC Enforcement # PC-2014-0007 Page 3 of 3 days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed of electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows; Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Lacy Presnell, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807- 6340. Sincerely, S. ay mmerman, P.G., Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Jim Gregson, Wilmington WQROS Regional Supervisor wl attachments File # PC-2014-0007 w/ attachments WQROS Central Files w/ attachments Pender County Health Department STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF BANDIT 3, LLC FOR VIOLATIONS OF SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG 100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. PC-2014-0 C E IVE rJ- BY:UL1 20UF FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources (DWR), 1, S. Jay Zimmerman, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Bandit 3, LLC is a corporation organized and existing under the laws of the State of North Carolina. B. Bandit 3, LLC own and operate Crooked Run Farm, a permitted swine operation in Pender County. C. Bandit 3, LLC was issued Certificate of Coverage AWS710012 by DWR, under General Permit AWG 100000 for Crooked Run Farm on May 16, 2012, effective upon issuance, with an expiration date of September 30, 2014. D. Condition No. I1. 2 of the General Permit AWG100000 states in part that "A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization." E. Condition I1. 5 of the General Permit AWG100000 states in part that, "In no case shall land application rates result in excessive ponding or any runoff during any given application event." F. Condition II. 17 of the General Permit AWG100000 states in part that, "the OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP." G. Condition Ill. 13a of the General Permit AWGI00000 states in part that, "The Permitte shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more that twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Any discharge to ditches, surface waters or wetlands." H. On March 4, 2014, DWR staff from Wilmington Regional Office received a complaint regarding an irrigation event at Crooked Run Farm that animal waste was being irrigated onto saturated fields. DWR and Division of Soil and Water Conservation (DSWC) staff visited the facility on March 5, 2014 and March 6, 2014 and observed excessive wastewater ponding and runoff from a spray field into an adjacent ditch. Land application field was observed having no signs of crops to allow proper removal of animal waste. The land application site was not properly inspected to insure that the animal waste is land applied in accordance with the facility's CAWMP. Staff from the Wilmington Regional Office had not been notified of non-compliance discharge or excessive ponding within the twenty-four (24) hour time frame. 1. On March 27, 2014, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to Bandit 3, LLC identifying violations of General Permit No. AWG100000. The violations include failure to prevent excessive ponding & runoff, failure to maintain vegetative cover, failure to inspect land application site according to CAWMP, and failure to notify DWR the non- compliance event. J. The cost to the State of the enforcement procedures in this matter totaled $1025.13. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Bandit 3, LLC, is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1. C. The above -cited failure to maintain adequate vegetative cover violated Condition No. I1.2. of the General Permit AWG100000. D. The above -cited failure to prevent excessive ponding and runoff violated Condition No. IL 5 of the General Permit AWG100000. E. The above -cited failure to properly inspect the land application site to insure that the animal waste is land applied in accordance with the CAWMP violated Condition No. I1.17. of the General Permit AWG100000. F. The above -cited failure to provide notification to the regional office violated Condition No. I11.13.a. of the General Permit AWG 100000, G. N.C.G.S. I43-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143- 215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. H. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143- 215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. • J M I. The Chief of the Water Quality Regional Operations, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water 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: Accordingly, Bandit 3, LLC, is hereby assessed a civil penalty of $,4 Zn?, ao For violating Condition No. II.2., of the General Permit AWG 100000 for failure to maintain vegetative cover as specified in the facility's CAWMP. $ For violating Condition No. 1�. 5. of the General Permit AWG 100000 for failure to properly irrigate wastewater, resulting in excessive ponding and runoff. $ �'gea, 44 For violating Condition No. 11.17. of the General Permit AWG100000 for failure to properly inspect the land application site to insure that the animal waste is land applied in accordance with the CAWMP. $ 5,;P0, 00` For violating Condition 111.13.a. of the General Pen -nit AWG 100000 for 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 wastewater discharge to a ditch. $ TOTAL CIVIL PENALTY which is [ // percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. $ 1025.13 Enforcement costs $ TOTAL AMOUNT DUE Pursuant to N.C.G.S. 143-215.6A(c), in detennining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are: (1) The degree and extent of hann to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Conunission has regulatory authority; and (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMF17AL: These Findings of Pact, Conclusions of Law and Decision shall be transmitted to Bandit 3, LLC, in accordance with N.C,G.S. 143-215.6(A)(d). (Date) J yWua rman, P.G., Chief Water Regional Operations Section Division of Water Resources DIVISION OF WATER QUALITY CIVIL PENALTY ASSESSMENT FACTORS V_iolator:. Band_it_3, LLC _ County: Pender Case Number: PC-2014-0007 Permit Number: AWS710012 ASSESSMENT FACTORS 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; ���•�;,,' c.a.� ,..�f,�,.�cr �� CA 2) The duration and gravity of the violation; y �� Gee CheA ZT Za i 4 011. 3) The effect on ground or surface water quantity or quality or on air quality;�� Cyr `roles a*rru A/'!� c.�..�► [Q-� aM-� 4 _ 4) The cost o rectifying the damage; l c.+"" LAC C�.�� �` � �0 d � r{,�4 ' "`� � l � r�f 1.�.,•� Gnu,. f�'�a..t r.� 5) The amount of money saved by noncompliance; ox 6) Whether the violation was committed willfully or inten ionaily; can 7) The priorrecr d of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and va �Lf /V C-ZL� 8) The cost to the State of the enforcement procedures. $1025.13 y ate upervisor Name rev 1.0 - 8.31.09 v l MCDE%N North Carolina Department of Environment and Natural Resources Pat McCrory Govemor July 8, 2014 Bandit 3, LLC Croolmd Run Farm 5331 Five Bridge Road Clinton, North Carolina 28328 �LArLjRAL John E. Skvarla, .III Secretary SUBJECT: Assessment of Civil Penalties for Violation(s) of . N.C. General Statute(s)143-215.1 Farm # 71-0012 Pcnder County Enforcement File No. PC-2014-0007 Dear Bandit 3, LLC: This letter transmits notice of a civil penalty assessed against Bandit 3, LLC in the amount of $4200.00, and $1025.13 in inveWgativb costs, for a total of $5225.13. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources. Any continuing violation(e) may be the subject of a new enfomemsat action, inchiding an additional penalty. Within tltiiirty days of receipt of this notice, you must do one of the following-. ]. Submit payment of the penalty: ' Paymen# should be made directly to the order of the Department of Envimament and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose Ruther i enforcement action for any comb g or new violation(s). Please submit payment to the attention of Miressa Gamma Water Quality Regional Operations Section Division of Water Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 1t93t3Mail Service Center, Raleigh, North Caroilna 27699-1535 Phom. 91HU-64M I Internet:. t>tloJlw ,noloar.aovl An EqW Opwt IlA4hRi 8*ACUM emP—MWO h W dry PU Assessment of civil penalty Bandit 3, UC Fruforcement # PG2014-0007 Page 3 of 3 days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office howl. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be Sled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed odgi A one (1) copy and a filing fee (if a filing fee is required by NCGS ¢150B-23.2) is received in the Office of Administrative Hemings within seven (7) business days following the faxed ot.electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numimrs for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Marl Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Lacy Presucll, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal dateltime received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this' assessment. If you have any questions, please contact Miressa D, Garoma. at (919) 807- 6340. Sincerely, S. atP.G., Chief Water Quality Regional Operations Section Division of Water Resources ATTACHM]KM cc: Jim Gregson, Wilmington WQROS Regional Supervisor w/ attachments File # PC-2014-0007 w/ attachments WQROS Central Files w/ attacbments Ponder County Health Department STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF PENDER FILE NO. PC-2014-0007 IN THE MATTER OF ) BANDIT 3, LLC . ) FINDINGS AND DECISION . FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF MANAGEMENT SYST 4 ) CML PENALTIES GENERAL PERMTI' AWG100000 ) ` PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources (DWR), I, S. Jay Zimmerman, Chief of the Water Quality Regional Operations Section of the DWR, make the following: I. FINDINGS OF FACT: A. Bandit 3, LLC is a corporation organized and existing under the laws of the State of North Carolina.. B. Bandit 3, LLC own and operate Crooked Run Farm, a permitted swine operation in Ponder County, C. Bandit 3, LLC was issued Certificate of Coverage AWS710012 by DWR, under General Permit AWG100000 for Crooked Run Farm on May 16, 2012, effective upon issuance, with an expiration date of September 30, 2014. D. Condition No. M 2 of the General Permit AW0100000 states in part that "A vegetative cover shall be maintained as specified in the facility's CAWMP •on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization." E. Condition II. 5 of the General Permit AWG100000 states in -part that, "In no case shall land application rates result in excessive pending or any nmoff during any given application event." F. Condition M 17 of the General Permit AWGI00000 states in part that, "the OIC or a designated back-up OIC of a Type A Animal Waste Management System ahall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as neoessary to insure that the animal waste is land applied in accordance with the CAWMP:' G. Condition III. 13a of the General Permit: AWG100000 states in part that, 'The Permitte shall report by teiephorie to the appropriate Division Regional Office as soon as possible, but in no case more that twenty-four (24) hours following first knowledge of the occurrence of any of the following events: Any discharge to ditches, surface waters or wetlands." L The Chief of the Water Quality Regional Operations, Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the alcove Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Accordingly, Bandit 3, LLC, is hereby assessed a civil penalty of: $ZA& For violating Condition No.111., of the General Permit AWGI00000 for failure to maintain vegetative cover as specified in the facility's CAWNW. $14 IM tL For violating Condition No. U. 5. of the General Permit AWG100000 for failure to properly irrigate wastewater, resulting in excessive ponding a4d runoff. $4m& For violating Condition No. 11.17; of the General Permit AWG100000 for failure to properly inspect the land application site to iw= that the animal waste is land applied in accordance with the CAWMP. _Z For violating Condition III.13.a. of the General Permit AWG100000 for 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 wastewater discharge to a ditch. $L � TOTAL CIVIL PENALTY which is x percent of the maix=m penalty authorized by N.C.G.S. 143 215.6A. $1025.13 Enforcement costs. $�3ZZy r r TOTAL AMOUNT DUE Pursuant to N.C.G.S.143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.14313 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality, (4) The cost elf rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the -violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. JUSMCA'I'ION FOR REMISSION REQUEST APS Can Number: PC-29L4MO7 County: Ende Assessed Party . Bandit 3. LLC Permit No.: AWS710012 Amount assessed: 5225.13 Please use this form when requesting remission of this civil penalty. You must also complete the "Reauest For Remission. Waiver of Right to an Administrative Hearing. and Stibulatinn ni Emu " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or -the accuracy of any of the factual statements contained in the civil penalty assessment document. By law INCOS 133-215.6A(O] remission of a -civil penalty may be granted when one or more of the following' five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or mare of the civil p__W-ty_s�ent factors_iw NC(3S 143B 282.1(b) ware wrongfully at} ghW to the detmgent of the petitioner (the assessment factors are included in the attached penalty matrix and/or listed in the civil penalty assessment document), (b) the violatmp y abated continuum emvimninental_dmz resulting fmm the violation 0. a, explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); Z(d) ' the violator dot been assessed sa ggpgWes for gay previous violations; (e) payment of the civil penalty will prevent naymemt for the remaining aecessaa e 'a ' ns (U, explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). PLANATION: IRem, Mq. STATE OF NORTH-CAROLINA DEPARTMENT OF ENVIRONMENT' AND NATURAL RESOURCES COUNTY OF PENDER IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARiNG.AND STIPULATION OF FACTS BANDIT 3, LLC ) } PERMIT NO. AWS710012 ) FILE NO.'PG2014-0007 Having been assessed civil penalties totaling $5225.13 for violation(s) as set forth in the assessment doomnaent of the Division of Water Quality dated, July 8, 2014, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate • that the facts are as alleged in the assessment document. The undersigned further understands that all ovidenoe presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after thirty (30) days fi om the receipt of the notice of assessment. This the day of , 2014 Signature ADDRESS TELEPHONE DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: PC-2014-0007 Region: Wilmington County: Pender Assessed Entity: Bandit 3, LLC Permit: AWS710012 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ❑ (c) Whether the violation was inadvertent or a result of an accident: ® (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes []No ❑ Partial Remission ❑ $ (Enter Amount Remitted) 'Thomas A. Reeder Date rev 1.0 - 8..31.09 Murphy —Brown LLC PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax: 910-293-6957 April 08, 2014 Jim Gregson Wilmington Regional Office NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Mr. Gregson, am writing this letter in response to the Notice of Violation issued on March 27, 2014 to the Bandit 3, LLC's Crooked Run Farm, permit number AWS710012 in Render County. I would like to provide additional information on each violation as they appear in the letter. Failure to maintain proper application rates I do not disagree with the inspector's observation of ponding on the application field, or runoff into an adjacent ditch. The operator of the system did not do a good job in evaluating field conditions prior to application. I believe it is relevant to note, however, that all of the runoff into the ditch was contained on site and did not enter state waters. In fact, we made significant efforts to both contain and return to the lagoon all wastewater that reached the ditches. These efforts cost in -excess of $10,000, but were successful in preventing wastewater from leaving the farm. In addition, the operator of the system, who was operating under the OIC license of Mr. Butler, has been terminated from employment at the farm based on his mismanagement in operating the application system. Failure to maintain appropriate vegetative cover A proper receiving crop was not established on the areas in question during the March 6 inspection. Plans were to plant an appropriate crop within 30 days, and that has been accomplished as wheat has been planted, and corn is in the process of being planted on adjacent land. The previous O1C made the decision to not plant wheat earlier in the season, and then, due to prolonged, chronic rainfall, was unable to do so. To prevent this from re -occurring, I have made arrangements for a different farming crew to do all planting and harvesting on this site as required by the CAWMP. 1 am confident that this change will result in future compliance on this issue. Failure to have an Operator in Charae or designee properly inspect application events Unfortunately, in this case, the OIC for this farm was, and still is, in the hospital in a coma due to an accident that occurred several days previous. The operator of the system, who generally was the designee, was operating the system, and, as previously discussed, did not do an adequate job of monitoring the system. As stated previously, he has been terminated, and a new OIC has been designated for the farm, and the appropriate paperwork has been sent to Raleigh. I am confident that this change will prevent this issue from re -occurring in the future. Failure to notifv the DW The OIC for the farm was not on -site, and his designee failed to notify the Division as required. As explained above, I feel changes in the management structure, and OIC for the farm will prevent re -occurrence of this issue. In response to the items noted in your letter, many positive changes have been made that will enhance this farm's ability to comply with permit requirements. Over $15,000 has been spent on freeboard management activities to return them to compliance levels, along with upgrades to equipment and management. I am confident that the correct steps have been taken to insure the ongoing compliance of this operation. Please keep in mind as these issues are deliberated, the significant financial resources that have been devoted thus far, and those that remain. If there are questions or concerns, please feel free to call me at (910) 293 3434. Sincerely, Robbie Montgomery PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 71-12 County: Pender Facility Name: Crooked Run Certified Operator Name: Joe Butler Operator Number: 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoons Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: CR Spillway(Y or N): N - Level(inches): 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application Of Waste: as conditions allow I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information Is accurate and correct. Greer Moore for: Joe Butler, Bandit 3,LLC Phone: 910-990-0062 Facility Owner/Manager (print) Joe Butler, Bandit 3, LLC Date: 7/2/2013 Facility Owner/Manager (signature) PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): JCrooked Run 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c.. line b - line a (inches in red zone) = 1 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 98400 ft2 e, line c/12 x line d x 7.48 gallons/ft3 61336 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 121058 ft3 h. current herd # 4200 certified herd # 4200 actual waste produced = current herd # x line g = certified herd # i, volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 5/3/2013 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 121058 ft3 ©ft3 51333 1ft3 214914 gallons 1.58 Ibs/1000 gal. 436.5 Ibs. PAN PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1, Structure ID: Crooked Run line m = 436.5 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure 0: line m = lb PAN n. lines I + 2 + 3 + 4 + 5 + 6 = 436.5lbPAN 111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD- DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' 1 Corn 2.05 112.00 229.6 Feb 15- June 30 2 Corn 2.87 112.00 321.4 Feb 15- June 30 3 Corn 2.97 112.00 332.6 Feb 15- June 30 4 Corn 3.68 12.50 46.0 Feb 15- June 30 5 Corn 4.77 22.27 106.2 Feb 15- June 30 6 Soybeans 4.05 59-261 240.0 Apr 1-Set 15 7 Soybeans 4.06 53.43 216.9 Art -Se t 15 8 Soybeans 4.05 57.81 234.1 Apr 1-Set 15 9 Soybeans 4.30 62.24 267.6 Apr 1-Set 15 10 Wheat 4.60 102.00 469.2 Sept 1 -- April 30 11 Wheat 4.46 102.00 454.9 Set 1 -- April 30 12 Wheat 4.06 102.00 414.1 Set 1 -- April 30 13 Soybeans 3.97 134.00 532.0 Apr 1-Se t 15 14 Soybeans 3.82 134.00 511.9 Apr 1-Se t 15 15 Soybeans 3.50 134.00 469.0 Apr 1-Se t 15 16 So eans 3.08 134.00 412.7 Apr 1-Se t 15 17 Soybeans 2.67 134.00 357.8 Apr 1-Set 15 18 Soybeans 2.21 134.00 296.1 Apr 1-Set 15 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) W 5912.3 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 436.5 lb. PAN PoA (30 Day) 2/21 /00 i x. Crop's remaining PAN balance (line v from section lll) 5912.3 lb. PAN y. Overall PAN balance (w - x) = -5476 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Corn under Pulls 1-5 was planted late and is just knee high at this time, an NCDA agronomist is scheduled to review crop condition of corn and determine if the pumping window may be extended. Mr. John College will be notified of the NCDA agronomist findings. Producer will begin to irrigate as soon as field conditions allow. Thank you! PoA (30 Day) 2/21 /00 �r Nutrient Management Plan For Animal Waste Utilization 06-13-20I2 This plan has been prepared for: Crooked Run Farm Bandit Ill Inc Clinton, NC 28328 (910) 990-0062 r7I- I -L--, This plan has been developed by: Greer Moore Clear RunPrms Consulting Services PO Box 3 8 Harrells, 28444 (910)3 64,5fr" Signature Type of Plan: Nitrogen Only with Manure Only Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named abdve. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. n.,�—.04R.. Signature (owner) Signature (manager or producer) This plan meets the minimum Agriculture - Natural Resoum adopted by the Soil and Wate Plan Approved By; Technical Specialist 514671 Database Version 3.1 Date Date and specifications of the U.S. Department of ation Service or the standard of practices Lion Commission. Date. Date Printed: 06-13-2012 Cover Page l Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan. S7 Swirie Feeder -Finish Lagoon Liquid waste generated 3,893,400 gals/year by a 4,200 animal Swine Finishing Lagoon Liquid operation. This production facility has waste storage capacities of approximately 180 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 8967 Incorporated 15400 Injected 16960 Irrigated 9747 Max. Avail. PAN (lbs) * Actual PAN Applied obs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year 1 9,747 10085 -338 4,028,533 -135,133 Year 2 9,747 10593 -846 4,231,254 -337,854 ------------ l- -s--- -- --- ----- -- -- --- ------------------- e- ------------------------------------------------------ Max. In source ID, S means standard source, U means user defined source. ' Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 514671 Database Version 3.1 Date Printed: 06-13-2012 Source Page 1 of 1 The table shown below provides a summary of the crops or rotations included in this Plan for each field. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index far each field is shown, where available. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE 001 I 2.05 2.05 NIA Liddell Wheat, Gratin 55 bu. Cotton 800 lbs. Corn, Grain 125 bu. 001 10 4,60 4.60 NIA Liddell Com, Grain 125 bu. Wheal, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 11 4.461 4.46 NIA Liddell Corn, Grain 125 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 12 4.06 4.06 NIA Liddell Corn, Grain 123 bu. Wheat, Grain 55 bu. Soybeans, Manumd, Double Crop 35 bu. 001 13 3.97 3.97 N/A Liddell Corn, Grain 125 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 14 3.92 3.82 NIA Liddell Corn, Grain 125 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 15 3.501 3.50 NIA Liddell Cora Grain 125 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 16 3.08 3.08 NIA Liddell Corn, Grain 125 bu. Wheat, Garin 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 17 2.67 2.67 NIA Liddell Cam, Grain 125 bu. Wheat, Grain 55 bu. Soybeans, Manumd, Double Crop 35 bu. 001 18 2.21 2.21 NIA Liddell Corn, Gratin 125 bu. Wheat, Grain 55 bu. Soybeans, Manured, Double Crop 35 bu. 001 2 2.87 2.87 NIA Liddell Wheat, Grain 55 bu. 232980 Database Version 3.1 Date Printed 6/13/2012 PCs Page I of 2 NOTE: Symbol ' means user entered data. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE Cotton 800 lbs, Corn, Grain 125 bu. 001 3 2.97 2.97 NIA Liddell Wheat, Grain 55 bu. Cotton 80o lbs. Corn, Grain I25 bu. 001 4 3.68 3.68 NIA Liddell Wheat, Grin 55 bu. Cotton 800 lbs. Cam., Grin 125 bu. 001 5 4.77, 4.77 NIA Liddell Wheat, Grain 55 bu. Cotton 800 lbs. Com, Grin 125 bu. 001 6 4.05 4.05 NIA ILiddell Wheat, Grain 55 bu. Cotton 800 lbs. Con, Grain 125 bu. 001 1 7 4.06 4.06 N/A Liddell Wheat, Grain 55 bu. Cotton 800 lbs. Corn, Grain 125 bu. 001 8 4.05 4.05 NIA Liddell Wheat, Grain 55 bu. Cotton 800 lbs. Corn. Grain 125 bu. 001 9 1 4.30 4.30 NIA Liddell Wheat, Grain 55 bu. Cotton 800 lbs. Cam, Grain 1 125 bu. PLAN TOTALS: 65.17 65.17 LI Potential Leaching Technical Guidance w potential to contribute to soluble None c 2 utrient leaching below the root zone. >= 2 & oderate potential to contribute to Nutrient Management (590) should be planned. oluble nutrient leaching below the root 10 zone. High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that improve nutrient leaching below the root zone. the soils available water holding capacity and improve nutrient use efficiency should be > 10 considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long -Term No-Til 1 (778), and edge -of --field practices such as Fitter Strips (393) and Riparian Forest Buffers (391). 232980 Database Version 3.1 Date Printed 6/13/2012 PCS Page 2 of 2 NOTE: Symbol * means user entered data. The Available Waste Storage Capacity table provides an estimate of the number of days of storage capacity available at the end of each month of the plan. Available storage capacity is calculated as the design storage capacity in days minus the number of days of net storage volume accumulated. The start date is a value entered by the user and is defined as the date prior to applying nutrients to the first crop in the plan at which storage volume in the lagoon or holding pond is equal to zero. Available storage capacity should be greater than or equal to zero and less than or equal to the design storage capacity of the facility. If the available storage capacity is greater than the design storage capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated. If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design storage volume of the structure. Either of these situations indicates that the planned application interval in the waste utilization plan is inconsistent with the structure's temporary storage capacity. Availahle Waste Storage Canacitv Source Name Swine Feeder -Finish Lagoon Liquid 2!!Igg Stora a Ca ci s Start Date 9/1 180 Plan Year Month Available Storage Capacity (Days) 1 1 58 1 2 58 1 3 109 1 4 172 1 5 180 1 6 180 1 7 162 1 8 131 1 9 111 1 10 146 1 11 116 1 12 85 2 1 54 2 2 58 2 3 73 2 4 125 2 5 159 2 6 180 2 7 180 2 8 180 2 9 180 2 10 157 2 11 128 2 12 98 * Available Storage Capacity is calculated as of the end of each month. ---- -------------------------------------------------------------------------------- -------------- ---------------------------- 232980 Database Version 3.1 Date Printed: 06-13-2012 Capacity Page 1 of l The following Lagoon Sludge Nitrogen Utilization table provides an estimate of the number of acres needed for sludge utilization for the indicated accumulation period. These estimates are based on average nitrogen concentrations.foreach source, the numberof animals in the facility and the plant available nitrogen application rates shown in the second column. Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent. At clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since nutrient levels are generally very high, application of sludge must be carefully applied. Sites must first be evaluated for their suitability for sludge application. ideally, effluent spray fields should not be used for sludge application. If this is not possible, care should betaken not to load effluent application fields with high amounts of copper and zinc so that additional effluent cannot be applied. On sites vulnerable to surface water moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be a concern. Lagoon Sludge Nitrogen Utilization Table Crop Maximum PA-N hate lblac Maximum Sludge Application Rate 1000 gallac Minimum Acres 5 Years Accumulation Minimum Acres 10 Years Accumulation Minimum Acres 15 Years Accumulation Swine Feeder -Finish Lagoon Sludge - Standard Corn 120 bu 150 13.16 52.65 105.31 157.96 Flay 6 ton R.Y.E. 300 26.32 26.33 52.65 78.98 Soybean 40 bu 160 14.04 49.36 98.72 148.09 -------------------------------•- •------------------------------------- I ........ ---•--------------------------------------------------------- -----------•-------------------------- 232980 Database Version 3.1 Date Printed: 06-13-2012 Sludge Page 1 of I The Irrigation Application Factors for each field in this plan are shown in the following table. Infiltration rate varies with sails. If applying waste nutrients through an irrigation system, you must applyat a rate that will not result in runoff. This table provides the maximum application rate per hour that may be applied to each field selected to receive wastewater. It also lists the maximum application amount that each field may receive in any one application event. Irrigation Application Factors Tract Field Soil Series Application Rate (inches/hour) Application Amount (inches) 001 1 Liddell 0.40 1.0 001 10 Liddell 0.40 1.0 001 11 Liddell 0.40 1.0 001 12 Liddell 0.40 1.0 001 13 Liddell 0.40 1.0 001 14 Liddell 0.40 1.0 001 15 Liddell 0.40 1.0 001 16 Liddell 0.40 1.0 001 17 Liddell 0.40 l _0 001 18 Liddell 0.40 1.0 001 2 Liddell 0.40 1.0 001 3 Liddell 0.40 1.0 001 4 Liddell 0.40 1.0 001 5 Liddell 0.40 1.0 001 6 Liddell 0.40 1.0 001 7 Liddell 0.40 1.0 001 8 Liddell 0.40 1.0 001 9 Liddell 0.40 1.0 232980 Database Version 3.1 Date Printed 6/13/2012 IAF Page 1 of I NOTE: Symbol • means user entered data. The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Year 1 Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE Applic. Period Nitrogen PA Nutrient Req'd (Ibs/A) Comm Fen. Nutrient Applied (Ibs() Res, (lbs/A) Apptio. Method Manure PA Nutrient Applied pbs/A) Liquid ManumA ppiied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N t000 gai/A Tons 1000 gals tons 001 1 S7 Liddell 2.05 2.05 Wheat, Grain 55 bu. 9/1.4/30 102 0 0 brig. 51 20.37 0.00 41.76 0.0 001 1 S7 iddell 2.05 2.05 Cotton 800lbs. 3/15-7/31 53 0 1 0 brig. 53 21.17 0.00 43,401 0.00 001 10 S7 iddell 4.60 4.60 Corn, Grain 125 bu. 2/15-6/30 132 0 20 Irrig. 112 44.74 0.00 205.79 O.nm 001 10 S7 iddell 4.60 4.60 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig. 92 36.6 0. 168.68 0. 001 11 S7 Liddell 4.46 4.46 Cam, Grain 125 bu. 2/15-6/30 132 0 20 Irrig. H2 44.74 0A 199.53 0.0 001 11 S7 Liddell 4.46 4.46 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig. 92 36.67 0A 163.54 0, 001 12 S7 Liddell 4.06 4.06 Corn, Grain 125 bu. 2/15-00 132 0 20 brig. 112 44.74 0.00 18i.63 0.00 001 12 S7 Liddell 4.06 4.06 Wheat, Grain 55 bu. 911-4/30 102 0 0 Irrig. 20 8.15 0.00 33.08 0.0 001 13 S7 iddell 3.97 3.97 Corn, Grain 125 bu. 2/15-/30 132 0 20 brig. lt2 44.74 0.00 177.61 0.00 001 13 S7 Liddell 3.97 3.97 Wheat, Grain 55 bu. 9/1-4130 102 0 0 trig. 82 32.59 0.00 129.40 0.00 001 t4 S7 iddell 3.82 3.82 Conn, Grain 125 bu. 2/15-6/30 132 0 20 Irrig. 112 44.74 0.00 170.90 0.00 001 14 S7 iddell 3.82 3.82 Wheat, Grain 55 bu. 911-4/30 102 0 0 Irrig. 92 36.67 0.00 140.07 0.00 001 IS S7 Liddell 3.50 3.50 Conn, Grain 125 bu. 2/15.WO 132 0 20 Irrig. 112 44.74 0.0 156.59 0.0 001 15 S7 Liddell 3.50 3.50 Wheat, Grain 55 bu. 911-4/30 102 0 0 Irrig. 20 8.15 0. 29.52 0.00 001 16 S7 Liddell 3.08 3.09 Corn, Grain 125 bu. 2/15-6/30 132 0 20 Irrig. 1 112 44.7 0A 137.79 0.00 001 16 S7 Liddell 3.08 3.08 Wheat, Grain 55 bu, 9/l-QO 102 0 0 Irrig. 10 4.07 0.0 12.55 0.0 232980 Database Version 3.1 Date Printed: 6/13/2012 WUT Page l of 5 Waste Utilization Table Venr 1 Tract Field Source ID Soil Series Total Acres Use. Acres Crop RYE Applic. Period Nitrogen PA Nutrient Req'd (Ibs/A) Cantu Fert. Nutrient Applied (ibs/A) Res. (Ibs/A) AppBc, Metbad Manure PA Nutrient Applied (1bs/A) Liquid MmumA pphod (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N I000 gal/A Tons 1000 gals tons 001 17 S7 Liddell 2.67 2.67 CoM Grain 125 bu. 2/15.6130 132 0 20 Irrig. 112 44J4 0. 119.45 0.00 001 17 S7 iddell 2.67 2.67 Wheat, Grain 55 bu. 9/1-4130 102 0 0 Irrig. 92 36.5 0. 97.91 0.00 001 18 S7 iddell 2.21 2.21 Corn, Grain 125 bu. 2/15-00 132 0 20 Irrig. 1 112 44.74 0.00 98.87 0.00 001 18 S7 Liddell 2.21 2.21 Wheat, Grain 55 bu. 9/1-4/30 102 - 0 0 brig. 51 20.37 0.00 45.02 0.00 00t 2 S7 Liddell 2.87 2.87Wheat,Grain 55 bu. 9/1-4/30 102 0 0 brig. 92 36.6 0.00 105.24 0.00 00t 2 S7 Liddell 2.87 2.87 Cotton $00lbs. 3/15-7131 53 0 0 brig. 53 21.17 0.00 60.76 0.00 001 3 S7 Liddell 2.97 2.97 Wheat, Grain 55 bu. 9/1.4/30 102 0 0 Irrig. 51 20.37 0.00 60.50 0.00 00t 3 S7 Liddell 2.97 2.97 Cotton 800lbs. 3/15-7/31 53 0 0 brig. 53 21.17 0.00 62.88 0.00 001 4 S7 Liddell 3.68 3.68 Wheat, Grain 55 bu. 911-4130 102 0 0 brig. 92 36.6 0,00 134.94 0.0 001 4 S7 Liddell 3.68 3.68 Cotton 800lbs. 3/15-7/31 53 0 0 'Mg.53 21.1 0. 77.91 0. 001 5 S7 Liddell 4.77 4.77 Wheat, Grain 55 bu. 9/1-4130 t02 0 0 Irrig. 51 20.3 0. 97.17 0.0 001 5 S7 Liddell 4.77 4.77 Cotton 800 lbs. 3/15-7131 53 0 0 Irrig. 53 21.1 0. I00.98 0. 001 6 S7 Liddell 4.05 4.05 Wheat, Grain 55 bu, 911.4/30 102 0 0 Irrig. 9 36.67 0.0 148.51 0, 001 6 S7 Liddell 4.05 4.05 Cotton 800lbs. 3/15-7131 53 0 0 brig. 53 21.1 0. 85.74 0. 001 7 S7 Liddell 4.06 4.06 Wheat, Grain 55 bu. 9/14/30 102 0 0 Irrig. 9 36.6 0.0 148.88 0.0 001 7 S7 Liddell 4.06 4.06 Cotton 800 lbs. 3/15-7/31 53 0 0 Irrig. 53 21.17 0. 85.95 0. 001 8 S7 Liddell 4.05 4.05 Wheat, Grain 55 bu. 9/14/30 102 0 0 brig. 92 36.67 0.00 148.51 0.00 001 8 S7 Liddell 4.05 4.05 Cotton 800 tbs. 3115-7/31 53 0 0 Irrig. 53 21.17 0.00 85.74 0.00 001 9 S7 Liddell 4.30 4.30 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 brig. 92 32.59 0.00 140.16 0. 001 9 S7 Liddell 4.30 4,30 Cotton S00 Ibs. 3/15-7/31 53 0 0 brig. 53 21.17 0. 91.03 0.0 232980 Database Version 3.1 Date Printed: 6/13/2012 WUT Page 2 of 5 Waste Utilization Table Year 1 Tract Field Source m Soil Series Total Acres Use, Acres Crop RYE Applie. Period Nitrogen PA Nutrient Regd Obs/A) Cam, Fert. Nutrient Applied Obs/A) Res. Obs/A) Appiic. Method Manure PA Nutrient Applied abs/A) Liquid ManumA ppEed (acre) Solid Manum Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N 1000 gaUA Tons 1000 gals tons Total Applied, 1000 gallons 3,986.97 Total Produced, 1000 gallons 3.893.40 Balance, 1000 gallons -93.5 Total Applied, tons 0. Total Produced, tons 0.0 Balance, tons 0. Notes: 1. In the tract column, — symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 232980 Database Version 3.1 Date Printed: 6/13/2012 WUT Page 3 of 5 Waste Utilization Table Year 2 Tract Field Source 1D Soil Series Total Acres Use. Acres Crop RYE Applic, Period Nitrogen PA Nutrient Req'd (lbs/A) Cantu Fert. Nutrient Applied (ibs/A) Res. 0WA) Applic Method Manure PA Nutrient Applied Qbs/A) Liquid ManureA pplied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Feld) N N N N 1000 gal/A Tons 1000 gals tons 001 1 1 S7 iddell 2.05 2.05 Wheat, Grain 55 bu. 9/14130 102 0 0 Wig. 51 20.3 O.Oc 41.76 0. 001 i S7 iddell 2.05 2.05 Corn, Grain 125 bu. 2/15-00 132 0 0 brig. 132 52.73 OAX 108. 0. 001 10 1 S7 iddell 4.60 4.60 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig, 1 10 4.07 00 18.74 0.00 001 10 S7 Liddell 4.60 4.60 Soybeans, Manured, Double Crop 35 bu. 4/1-9/15 134 0 0 brig. t34 53.53 0.00 246.22 0.00 001 11 S7 Liddell 4.46 4.46 Wheat, Grain 55 bu. 911-4/30 102 0 0 irrig. 10 4.07 0.00 18.171 0.00 001 11 S7 Liddell 4.46 4.46 Soybeans, Manured, Double Crop 35 bu. 4/1-9/15 134 0 0 Irrig. 134 53.53 0.00 238.72 0. 001 12 1 S7 Liddell 4.06 4.06 Wheat, Grain 55 bu. 9/14/30 102 0 0 Irrig. 82 32.59 0.00 132.33 0. 001 12 S7 iddell 4.06 4.06 Soybeans, Manured, Double Crop 35 bu. 411-9/15 134 0 0 Irrig. 134 53,53 0,00 217.31 0. 001 13 S7 iddell 3.97 3.97 Wheat, Grain 55 bu. 9114/30 102 0 0 Irrig, 20 8,15 0,00 32.35 0.00 001 13 S7 iddell 3.97 3.97 Soybeans, Manured, Double Crop 35 bu. 4/1-9/15 134 0 0 Irrig. 134 53.53 0.00 212.50 0,0 001 14 S7 iddell 3.82 3.82 Wheat, Grain 55 bu. 9/1-4130 102 0 0 Irrig. I 4.07 0.00 15.56 0. 001 14 S7 Liddell 3.82 3.82 Soybeans, Manured, Double Crop 35 bu. 4/1-9115 134 0 0 Irrig. 13 53.S3 0. 204.47 0.00 001 15 S7 Liddell 3.50 3.50 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrip, 82 32.5 0. 114.09 0.00 001 15 S7 Liddell 3.50 3.50 Soybeans, Manured, Double Crop 35 bu. 4/1-9/15 134 0 0 Irrig. 134 53.53 0.0 187.34 0.00 001 16 S7 Liddell 3.08 3.08 Wheat, Grain 55 bu. 9/1-4130 102 0 0 Irrig. 92 36.67 0.00 112.94 0.00 001 16 S7 Liddell 3.08 3.09 Soybeans, Manured, Double Crop 35 bu. 4/1-9115 134 0 0 brig. 134 53.53 0.00 164.86 0.00 001 17 S7 Liddell 2.67 2.67 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig, 10 4.07 0.00 10.88 0.00 001 17 S7 Liddell 2.67 2.67 Soybeans, Manured, Double Crop 35 bu. 4/1-9/15 134 0 0 Irrig. 134 53.53 0.00 142.91 0.00 001 18 S7 Liddell 2.21 2.21 Wheat, Grain 55 bu, 9/1-4130 102 0 0 [Mg. 5I 20.37 0.00 45.02 0.00 00t 18 S7 Liddell 2.21 2.21 Soybeans, Manured, Double Crop 35 bu. 411-9/15 134 0 0 Irrig. 134 53.53 0.00 118.29 0.0 001 2 S7 Liddell 2.87 2.87 Wheat, Grain 55 bu. 9/14/30 102 0 1 0 Irrig. 1 1 4.07 0.0 11.69 0, 001 2 S7 Liddell 2.87 2.87 Corn, Grain 125 bu. 2/15-6/30 132 0 0 Irrig. 13 52.73 0. 151.32 0. 232980 Database Version 3.1 Date Printed: 6/13/2012 WUT Page 4 of 5 Waste Utilization Table Year 2 Tract Field Source 0) Soil Series Total Acres Use, Acres Crop RYE App4a Period Nitrogen PA Nutrient Rod (lbs/A) CannL Fen. Nutrient Applied gbs/A) Res. (Ibs/A) App5c. Method Manure PA Nutrient Applied (Ibs/A) Liquid MmureA ppkcd (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N IODO gd/A Tons 1000 gals tons 001 3 S7 Liddell 2.97 2.97 Wheat, Grain 55 bu. 9/14/30 102 0 0 Irrig. 51 20.3 0, 60.50 0. 001 3 S7 Liddell 2.97 2.97 Cam, Grain 125 bu. 2/15.6/30 132 0 0 Irrig. 132 52.73 0. 156.60 0.00 001 4 S7 Liddell 3.69 3.68 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig. 10 4.07 0. 14.99 0. 001 4 S7 Liddell 3.68 3.69 Cam, Grain 125 bu. 2/15-6/30 132 0 0 Irrig. 132 52.73 0.00 194.03 0. 001 5 S7 Liddell 4.77 4.77 Wheat, Grain 55 bu. 911-4/30 102 0 0 brig. 51 20.37 0.00 97.17 0.0 001 5 S7 Liddell 4.77 4.77 Com, Grain 125 bu. 2115.6/30 132 0 0 brig. t32 52.73 0.00 251.50 0.0 001 6 S7 Liddell 4.05 4.05 Wheat, Grain 55 bu. 9/1-4130 102 0 0 Irrig. 10 4.07 0,00 16.50 0.00 001 6 S7 Liddell 4,05 4.05 Com, Grain 125 bu. 2115-6/30 132 0 0 brig. t32 52.73 0.00 213.54 0.00 001 7 S7 Liddell 4.06 4.06 Wheat, Grain 55 bu. 9/1-4/30 102 0 0 Irrig. 10 4.07 0.00 16.54 0. 001 7 S7 Liddell 4.06 4.06 Cam, Grain 125 bu. 2115.6/30 132 0 0 Irrig. 132 52,73 0.00 214,07 0. 001 8 S7 Liddell 4.05 4.05 Wheat, Grain 55 bu. 911-4/30 102 0 0 brig. 10 4,07 0.00 16.50 0. 001 8 S7 Liddell 4.05 4.05 Cam, Grain 125 bu. 2/15.6/30 132 0 0 Irrig. 132 52.73 0.00 213.54 0.00 001 9 S7 iddell 4.30 4.30 Wheat, Grain 55 bu. 9/1-00 102 0 0 brig 2 8.15 0.00 35,04 0.00 001 9 1 S7 Fiddell 4.30 4.30 Com, Grain 125 bu. 2/15-00 132 0 0 brig. 13 52.73 0. 226.72 0.00 Total Applied, 1000 gallons 4,272.81 Total Produced, 1000 gallons 3,893.4 Balance, 1000 gallons -379.41 Total Applied, tons 0.00 ToW Produced, tons 0. Balance, tons 0.0 Notes: 1. In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 232980 Database Version 3.1 Date Printed: 6/13/2012 WUT Page 5 of 5 Crop Notes The following crop note applies to field(s): 1, 10, 11, 12, 13, 14, 15, 16, 17, 18, 2, 3, 4, 5, 6, 7, 8, 9 Corn CP, Organic Soils In the Coastal Plain, corn is normally planted when soil temperatures reach 52 to 55 degrees Fahrenheit. Review the Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 1-2" deep. Plant populations should be determined by the hybrid being planted. Increase the seeding rate by 100/6 when planting no -till. Phosphorus and potassium recommended by a soil test can be broadcast or banded at planting. When planting early in cool, wet soil, banded phosphorus will be more available to the young plants. An accepted practice is to apply 20-30 lbs/acre N and 20-30 lbs/acre phosphorus banded as a starter and one-half the remaining N behind the planter. The rest of the N should be applied about 30-40 days after emergence. The total amount of N is dependent on soil type. When including a starter in the fertilizer program, the recommended potassium and any additional phosphorus is normally broadcast at planting. Plant samples can be analyzed during the growing season to monitor the overall nutrient status of the corn. Timely management of weeds and insects are essential for corn production. The following crop note applies to field(s): 1, 2, 3, 4, 5, 6, 7, 8, 9 Cotton CP, Organic soils In the Coastal Plain, cotton is normally planted from April I5-May 5 when warm(above 65 F) temperatures and dry weather are present and predicted to remain for at least 5 to 7 days after planting. Avoid planting after May 20 if at all possible. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with characteristics needed for your area and conditions. Plant 4-6 seed/row foot at a depth of 1/2-1 ". Adequate depth control is essential. Recommended phosphorus and potash can be broadcast or banded at planting. Apply 20-25 lbs/acre N at planting. Apply the remaining recommended N as a sidedress application 2 to 3 weeks after first square. The total N needed is dependent on soil type. Apply 1.0 lb/acre actual boron either at planting or at sidedress; or, foliar apply 1/2 lb/acre actual boron with 1 /4 lb/acre applied at early bloom and the other 1/4 lb/acre about 2 weeks later. The boron needs to be available to the cotton during fruiting. Tissue samples can be analyzed during the growing season to monitor the nutrient status of the cotton. Timely management of insects, weeds, and excessive vegetative growth are essential for profitable cotton production. ------------------------------------------------------------------------------------------------------- ••--•------- --- -• - -- 232980 Database Version 3.1 Date Printed: 06-13-2012 Crop Note Page I of 2 The following crop note applies to field(s): 1, 10, 11, 12, 13, l4, 15, 16, 17, l8, 2, 3, 4, 5, 6, 7, 8, 9 Wheat: Coastal Plain, Organic Soils In the Coastal Plain, wheat should be planted from October 20-November 25. Plant 22 seed/drill row foot at 1-1 1/2" deep and increase the seeding rate by 5% for each week seeding is delayed beyond the optimum time. See the seeding rates table for applicable seeding rate modifications in the current NCSU "Small Grain Production Guide". Also, increase the initial seeding rate by at least 10% when planting no -till. Adequate depth control when planting the wheat is essential. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Apply no more than 30 lbs/acre N at planting. Phosphorus and potash recommended by a soil test report can also be applied at this time. The remaining N should be applied during the months of February -March. The total N is dependent on the soil type. Plant samples can be analyzed during the growing season to monitor the nutrient status of the wheat. Timely management of diseases, insects and weeds are essential for profitable wheat production. The following crop note applies to field(s): 10, 11, 12, 13, 14, 15, 16, 17, 18 Double -Crop Soybeans, Coastal Plain: Organic Soils Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th. When no -tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 2-4 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 8-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -till planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can be applied to the wheat in the Fall. For soils such as— phosphorus should be applied at planting as phosphorus will leach from these soils. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-30 Ibs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. -----------------•--------------------•---------------------------------------•--------------------------------------------------- �------------- 232980 Database Version 3.1 Date Printed: 06-13-2012 CropNote Page 2 of 2 Required Specifications For Anima! Waste Manaeement 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disldng after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (see "Weather and Climate in North Carolina" for guidance). ------------------------------------------------------------ ._-.-------------------------- ----- .... . 232980 Database Version 3.1 Date Printed: 6/13/2012 Specification Page 1 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depththat would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1,1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. ---------------------------------------------------- ----------------------------------------------------------------------------------------- 232980 Database Version 3.1 Date Printed: 6/13/2012 Specification Page 2 15. Animal waste shall not be discharged into surface waters; drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker wilt be required to mark the maximum storage volume for waste storage ponds. 232980 Database Version 3.1 Date Printed: 6/13/2012 Specification Page 3 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. 232980 Database Version 3.1 Date Printed: 6/13/2012 Specification Pate 4 NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director May 16, 2012 Bandit 3, LLC Crooked Run Farm 5331 Five Bridge Road Clinton, NC 28328 MAY 2 2 202 urces Subject: Certificate of Coverage No. AWS710012 Crooked Run Farm Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Bandit 3, LLC: Dee Freeman Secretary In accordance with your Notification of Change of Ownership received on May 9, 2012, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Bandit 3, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Crooked Run Farm, located in Pender County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: 4200 Boar/Stud: Wean to Feeder: Farrow to Wean: Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void Certificate of Coverage Number AWS710012 that was previously issued to this facility. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above)'will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Perrnit. Please pay careful attention to the record kecpinnlZ and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.64641 FAX: 91M07-6492 internal: www.ncwater(tuality.org Alaturallil NortliCarol_ina Ah Equal Opportunity 1 Affirmative Actiotl Employer If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Per 15A NCAC 2T A 105(h) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, then an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Wilmington, NC National Weather Service office at (910) 762-4289, or by visiting their website at: www.erh.noaa.gflv/er/ilm/ This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 796-7215. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 807-6464. Sincerely, for Charles Wakild, P.L.' ' 7 - Enclosure (General Permit AWG 100000) cc: (Certificate of Coverage only for all ccs) Wilmington Regional Office, Aquifer Protection Section Pender County Health Department Pender County Soil and Water Conservation District APS Central Files (Permit No. AWS710012) AFO Notebooks Murphy -Brown, LLC 0� W A r�R �O= �G � =r r Q-r March 6, 2006 CERTIFIED MAIL # 7004 0750 0000 5300 4157 RETURN RECEIPT REQUESTED Mr. Odom L. Futrell Crooked Run Farm 3408 Old Pink Hill Rd. Deep Run, NC 28525-9446 Dear Mr. Futrell: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: Notice of Violation Crooked Run Farm- -- Facility Number: �,71r12,-� Pender County Alan W. Klimek, P.E. Director Division of Water Quality This is to notify you of a violation to Swine Waste Management System General NPDES Permit NCA200000 issued on November 24, 2004 under Certificate of Coverage NCA271012. On February 16, 2006, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality received a call from Mr. John College, Division of Soil and Water Conservation, concerning animal waste in farm ditch. Upon notification, Mr. Cobb performed an inspection of the farm and noted the following violation: 1. Discharge of Animal Waste to Field Ditch On February 16, 2006, Mr. Cobb observed animal waste in field ditch. The discharge of animal waste originated from the flush line at hog house #5. This is in violation of Condition No. I. 1 of the NPDES Permit that states in part, "... Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards;..." N �tthCarolina Naturally North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone (9)0) 796-7215 Customer Service Internet: www,ncwatcNuality.ora Wilmington, NC 28405 Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper . os a T ,A CERTIFIED MAILT,, RECEIPT (Domestic Mai! Only; No Insurance Coverage Provided) delivery In(ormatlon visit our website at www.usps.comiD For w w w I • r Mr. Futrell Page 2 of 2 March 6, 2006 In response to the violation, this office must receive within thirty (30) days a written explanation of the violation and a description of the actions taken or to be taken to prevent the recurrence of the violation. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance.they may be able to provide.. Be advised. that the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb at 910-796-7264. Yours very trul , (2'�- Charles F. Stehman, Ph.D., P.G. Environmental Regional Supervisor 11 cc: Jason Turner, Pender County Soil and Water Conservation District John College, DSWC-WiRO Jeremy Hill, Premium Standard Farms APS Central Files DWQ Wilmington Animal Files 71-12 S.IWQSIANIMALSIPENDER12006171-12 NOV �-inoJ Novi a y YW o�sao��2 CVJ 02W �L .01 -1� 01 p.2 Crooked Run Farm February 22, 2006 Dear Mr. Cobb; This letter is in response to the discharge found on Crooked Run Farm in Pender County on Thursday February 16`h. On February 16'h, 2005 at approximately 1:00 pm during a routine Operational Review Inspection by Soil & Water it was observed that animal waste was discharging from a unknown 3" PVC pipe, leading from the ground area in front of one of the hog houses to an adjacent ditch. A recycle line was leaking around a cupling therefore causing some ponding. The ponding reached the 3" PVC pipe which led to the ditch causing the discharge. The 3" pipe could not be seen at the top of the ground due to being covered by grass and dirt. Once the discharge was found the producer immediately capped the pipe, turned the recycle line off at the breaker, then, used backhoe to scoop and place a dirt pile in ditch to stop the flow. A 3300 gallon Honey Wagon was brought on site the next morning and waste, along with fresh water was pumped out of ditch. Four and 1/2 loads of waste water/fresh water were pumped from ditch (loads totaled 14,850 gallons) into honey wagon and spread on adjacent wheat fields. Mr. Futrell has removed the pipe from the ground and repacked the ground with clay and topsoil. When pumping from the ditch was complete Mr. Futrell removed dirt pile from ditch so normal flow of storm water could continue. Thank you for your time in this matter! Duane Futrell M 1rower: Futrell, Odom Copies To: Moore, Greer/+ r,t 4. !I� �'•.Waste AnalysisReport 3408 Old Pink Hill Rd. flee) Run, NC 28525 Moore, Greer/CRC _ !'m�rr: PO Box 338 Ilarrell5, NC 28444 1r'3/2006 Pender County . Sample Information Laboratory Results (parts per talllion unless otherwise noted) _ P t: Crr At S Fe Mn Zrr Crr B Aio ct C PH Ual 575 49.4 1123 188 48.7 48.8 6.56 1.29 2.99 0.91 2.17 IN-N Waste Code: -NH4 AIS -NO3 Iva Ni Cd Pb At Se Li p 11 IS C.'N DAf% CCEN :%E(�al) Vescrtption: OR-N 265 7.71 Swine La non Li . Urea Recottmteadatia s: Nutrients Available for first Crop W11000 allons Other Elements W11000 allons Application Afabod N P205 R2O Ca Mg S fre Mrt Zn Cu B , Mo Cl Na Ni Cel Pb Al Se Li , irrigation 2.4 0.66 9.0 1.1. 0.28 0.28 0.04 0.01 0.02 0.01 0.01 2.2 Broadcsul 2A 0.66 9.0 1.1 0.28 0.28 0.04 0.01 0.02 0.01 0.01 2.2 5etmpte Information i Laboratory Results (parts per million unless otherwise noted) Saplrple 1D. N P t; Crr M S^ Fe Mu /.0 Crt B Afu Cl C W'F Tofu! 356 41.8 715 160 42.4 53.7 4.05 0.50 0.75 0.19 1,43 IN-N Waste Code: -N114 ALS -NO3 Na Ni Cd Pb At se Li ji if SS ON DAM CCE% ALE{ d) Description. OR N 2')9 7.67 Swine Lagoon Li . Urea _ Recomme dations. Nutrients Available for First Crop W11000 llmts Other Elements Ibs11000 R4110115 rlpplicatto►tMethod N l'205 K20 Ca Mg S le Mt; Yn Cu E Mo Cl Na Ni Cd Pb Al Se Li Irrigation 1.5 0.56 5-7 0.94 0.25 0.31 0.02 T 0.01 T 0.01 2.5 Broadcast 1.5 0.56 5.7 0.94 0.25 0.31 0.02 T 0.01 T 0.01 2.5 Sarn Ie Information Laboratory 'Results (parts per million unless otherwise noted) Ample�ID: N f X_ Ca Mg S Fe hlrt 7.n Crr l3 r110 L'! C CR lblal 282 53.i 647 136 39.4 31.2 3.71 0.44 0.76 0.74 1.91 IN -IV le torte: NH4 ALS -NO3 Na Ni Crl Pb Al Se Li p A SS C.•N DM% CGFI% ALE(K :d) Description. OR-N 211 6.65 Swine La on L' . Urea Recommendations: Nutrients Available for First Crop lbs/1000 allotts . Other Elements db911000 alto►:s Appllcalion'XN N P205 KV Ca Afg S Fe Aitt Zn Cu B Afa Cl R'a Ni Cd Pb Al Se Li Irrigation 1.2 0.71 5.2 0.80 0.23 0.18 0.02 T 0.01 - T 0.01 1.8 Bro;tdcast 1.2 0.71 5.2 0.80 0.23 0.18 0.02 T 0.01 T 0.01 I b •a envirochem ANALYTICAL & CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Dean Hunkele K� i — 12,— Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, Nort (910) 392-0223 (Lab) • (910) 392 4 EchemW@aol.com AUGn O l NCDENR: DWQ CERTIFICATE #94, DL TIFICATE PA;9 REPORT OF ANALYSIS Date of Report: July 23, 2003 Purchase Order #: Report Number: 34080 Date Sampled: 07/21/03 Report To: Sampled By: Hunkele '71- WATER: Dean Hunkele W\cl' �� k�c'-'J Parameter Sample ID Ditch Up Ditch Down Field Drainage Lab ID # 9562 # 9563 # 9564 Fecal Coliform, colonies/mL 7,000 700 1,800,000 Reviewed ENVIRONMENTAL CHEMISTS, INC 6602 windmill Way Sample Collection and Chain of CustodX Wilmington, NC 28405 NCDENR: D4VQ Certificate 494, DLS Certificate f137729 Phone: (910) 392-0223 ��{{ Analytical & Cons ting hemists Fax: (910) 392-4424 Client: 1� — �►— �� `` ldL �'��`�"���'°� Email:EchemW ate, aol,eam Collected B Report No: -3— q 0 90 CAmnlo TvnP• I = inflari-nt V — Rfflvapnt W =WPl1 C'W=4ZfrPum CCl —Cnil CI = Clvidap tnthPr- Sample Identification Collection v o u o v o u x A as PRESERVATION ANALYSIS REQUESTED c z a 6 C5 dC ° z o � DATE TIME TEAZP �1 (Ae Cgp � V G" C . G ICU-, G ® (G) C I P G G C P G G C P G G C P G G C P G G C P Cr G C P G G NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 ppm or less in the field at the -time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 1. 2. Temperature wh ec ived: 35Y`C. Accepted: Delivered By: Received By: Comments: Rejected: esample Requested: Date: ?-2-1- 63 Time: L IMPORTANT NOTICE North Carolina Division of Water Quality (NCDWQ) is strictly enforcing EPA regulations for sample collection and preservation. CIient Must Provide the Following Information SAMPLE IDENTIFICATION (Container Associated with requested testing) 2. SAMPLE TYPE (Composite, Grab, Water, Soil, etc.) 3. DATE COLLECTED 4. TIME COLLECTED SAMPLE COLLECTOR 6. PRESERVATION (Including Temperature and pH) Temperature: Samples MUST bexefrigerated 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. Caution These sample bottles may contain small amounts of acid or other corrosive and potentially harmful chemicals. Laboratories are required to add these chemicals for certain analyses in order to comply with EPA preservation requirements. Use extreme care when opening and handling the bottles. If any chemical should get on your skin or clothes flush liberally with water and seek medical attention. DECHLORINATION INSTRUCTIONS CAUTION: DO NOT Mix thiosulfate with acid in bottle before collecting samples as a violent reaction will occur. Declhlorinadng-Samples that Require Acid Preservadon 1. Add 4-5 granules of thiosulfate to a bottle with no acid preservative (unpreserved BOD/I'SS bottle). 2. .After mixing to dissolve the thiosulfate, pour half of the sample into a bottle containing acid as a preservative (Ammonia/TKN). 3. Then completely fill both bottles..with fresh sample. The Laboratory will verify and document the above requested information. ref. NCAC 2H.0805 (g) (7) M. "At any time a laboratory receives samples which do not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed, but the results reported must be qualified with the nature of the infraction(s). And the laboratory must notify the State Laboratory about the infraction(s). The notification must include a statement indicating corrective actions taken to prevent the problem for future samples. ref, NCAC 2H.0805 la (2) M. ' ENVIRONMENTAL CHEMISTS, INC 6602 Windmill way Sam Ie Collection and'Chain of Custody 'Wilmington, NC 28405 NCDENR: DWQ Certitieate 0094, DLS Cerll ficate 037729 Ph one: (9 t0) 392-0223 Fay: (glo) 392-4424 Email;EchemWQR0' 1.com s-oiieeteu By: k Report No: Sample Tine: l = Infinpnt- E - Ef#luPnt- W =WPll S'1'1=RtrPam_ Sfl =Snit_ Sl .= ShideP Other - Sample Identification Collection � � � o � U a � �° A � � PRESERVATION ANALYSIS REQUES116 TED o � o � � � DATE TIME TEMP C CV I Gz C'A G �tQI f V/ (G) ® C P G G C P G G C P G G C P G G C P G G C P Gr G C P G G NOTICE -- DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 ppm or less in the field at the -time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Time 2. "Temperature wh tec ived: Accepted: Delivered By: Received By: Comments: Rejected. mple Requested: _ Date: 21- bi Time: - fi..: b 5 S1� l ,.2. . 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WsJ' L�}r � L Y! h Y. �gt3tr `sa�¢1,P ¢�!�` y �., -' �T: t ' •si er "S. � � . � �•17.r-- �-,.'""yK `ht. �f - '� � �'ha �°� t , ��'" �i''n.. �f. r It y �'. 'i" .i Y `�..y 1:.. �, . j •ir, f_•r� +ri �,l.c�r. �., R "-�'• \r•p,. � �L7 !L'" o y� 4�. f��F Ir / I • • -Slate of North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED James Bryan Peterson Tate Town Fann 7950 NC Highway 1 l Willard NC 28478 Dear James Bryan Peterson: • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 4, 2002 Subject: Notification for Wettable Acre Determination Animal Waste Management System Tate Town Farm Facility Number 71-12 Pender County A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that.are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Brian Wrenn on 3111 /99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Stoney Mathis the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Stoney Mathis, at 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within in 90 days of the receipt of this letter. If you have any questions please contact Stoney Mathis at (910) 395-3900. If within 90 days you are unable to provide Stoney Mathis with the Information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recyclled110% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. J. Thorpe, Ph.D. CC.' Wilmington Regional Office Pender County Soil and Water Conservation District Facility File L & S Farms Wettable Acres Determination Certification Name of Facility: Facility Number: - Owner(s) Name: Phone No: Mailing Address: By signing this form, the facility owner and Technical Specialist acknowledge the completion of the Wettable Acres Determination. All necessary Wettable Acre Determination Field Data Sheets and calculations were completed to conduct a Wettable Acre Determination. The facility's Waste Utilization Plan has been amended as necessary to reflect actual wetted acreage. A copy of all worksheets, calculations, and other Wettable Acres Determination documents, along with the applicable Waste Utilization Plan and Wettable Acre Determination Certification will be filed with the local Soil and Water Conservation District. A copy will also be kept on site with the Certified Animal Waste Management Plan. Any future modifications must be approved by a technical specialist and filed with the Soil and Water Conservation District prior to implementation. If any modifications to the existing irrigation system or any new irrigation equipment was required to adequately address the waste management needs of this facility, an Irrigation Specialist or Professional Engineer has certified the design and installation below. Owner Name: Owner Signature: Date: Technical Specialist Name: Technical Specialist Signature: Date: If assisted by an Irrigation Specialist or Professional Engineer please read and sign below: Animal waste application equipment has been designed or modified to apply waste as necessary to accommodate the waste management plan and according to NRCS Standards. Animal waste application equipment has been installed according to NRCS Standards and is ready for use. Irrigation Specialist/PE Name: Irrigation Specialist/PE Signature: Date: Submit this form to- Attn: Sonya Avant Non -Discharge Compliance Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 WADC - 7/99 `O�oF wAr�9Q� � r Walter Strickland Crooked Run Farm 3000 Lamb Rd. Willard NC 28478 Dear Walter Strickland: roDu LE Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 13, 2002 Subject: Certificate of Coverage No. AWS710012 Crooked Run Farm Swine Waste Collection, Treatment, Storage and Application System Pender County In accordance with your Notification of Change of Ownership request received on November20, 2002, we are forwarding this Certificate of Coverage (COC) issued to Walter Strickland, 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 Crooked Run Farm, located in Pender County, with an animal capacity of no greater than 4200 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC Number AWS710012 dated May 23, 2001. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. The facility's CAWMP meets all requirements in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization Plan. The owner should begin to address this inconsistency as soon as possible. Non -Discharge Permitting Unit Internet httpJm2o.enr.nc.state.us/ndpu NL 7.NR 1617 Mail Service Center, Raleigh, NC 27699-16117 Telephone (919) 733-5083 Fax (919) 715-6048 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Michelle Barnett (919) 733-5083 ext. 544. Sincerely, cc: (Certificate of Coverage only for all cc's) Pender County Health_ Department Wilmington Reaional.Office, Water_Qpality-Section Pender County Soil and Water'Conservation District Water Quality Central Files NDPU Files 1 ` F WAIF ono qpG Michael F. Easley, Governor I William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources `' DEC 3 ❑ ^� 2002 Y ; Alan W. Klimek, P.E., Director Division of Water Quality December 13, 2002 Walter Strickland Crooked Run Farm 3000 Lamb Rd. Willard NC 28478 Subject: Certificate of Coverage No. AWS710012 Crooked Run Farm Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Walter Strickland: In accordance with your Notification of Change of Ownership request received on November 20, 2002, we are forwarding this Certificate of Coverage (COC) issued to Walter Strickland, 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 Crooked Run Farm, located in Pender County, with an animal capacity of no greater than 4200 Feeder to_ Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC Number AWS710012 dated May 23, 2001. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. The facility's CAWMP meets all requirements in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization Plan. The owner should begin to address this inconsistency as soon as possible. Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet httpJ/h2o.enr.nc.state.us/ndpu Telephone (919)733-5083 Fax (919) 715-6048 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper 0MR DENR Customer Service Center An Equal Opportunity Action Employer F Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Michelle Barnett (919) 733-5083 ext. 544. Sincerely, Alan W. Klimek, P.E. cc: (Certificate of Coverage only for all cc's) Pender County Health Department Wilinington_Region_alw0ffice; Water_Q.uality-Section Pender County Soil and Water Conservation District - Water Quality Central Files NDPU Files p'r i � • I p w t+. �r` o-F - �' cr .,1 uv •c- s \l J .0 4tv- '' i cac.l �r w �- j to c- or'c_ se II r' �-� -f-a F�C->�crSen's, .0tifFcation of Change of OWnership Animal Waste tilanagement Facility (Please type or print all infcrnation that does not requirc a si^nature) G ' � a r. accordanc^_ with [he require ncnts of 15A tiCAC 2H .0217(a)(I){i:)(xii) this fern iS oft-ia! not!` ca;60' Ic Division or Water Qualiry (DWQ) of thz transfer of ownership of an Animal Write Mar.a;tmzm Facility. This form mttct be submttted L. DW Q no late. than 60 days following the transfer of ownership. Ceneral information: , .� \'arnc of Fa,^r �f00 LN!'t rra►'JH r`'__^:•,r:ty ND; �! tvi0LS Ow^4rts) blame: - [ Phanc No: 9/U a Nz— Gwrrer(s) ?tiamc; b } Phonc No: IO O Mailing Addr.ss: aQeo E—C.— r"crm {ncerinn: Latitude and I_;neitude: 4 !G 7z� County: pieaso attach a zopy of a county road map with location ldcntiijed and describe below' (Bc specific: road names. direcrianx Operation Descrintinn: T i'at ofsk,ine No. rfAnimaLt T);vc ofPoulrry No, ofAnin,als Tsar VfDair)r No. gfAni,nals ]'area^ to Feeaer / Q Layer :u Milking X'Z -, to Finish Zr�� ✓ -ZI Non-LAycr C] Dry .. -..Tow [0 Wean 7.xpc of Bet] No, ofA,rin,cls -Z Heaters D . a.; ow rn Fecw:r D Brood D Calves `t Farrow to i irisz 7 Feedtrs 7 Gil:s � 5rockcrs D sczrs Other Tipc of Livur•acz; Nurrher vfAnintals: AC-.tage A vailable for Application: C/ Required Acre• ac: Nut^.',- of Laknors / Storage Ponds : r Total Capaciry:f 5 t �aGt{Cubic Ft_: (ft'> R� Rw wrww sa wMK�sRI.[s ts.w sw i�w't[1.R ........... •....................rs_ ............... CM Owner/.Mana,er A. -regiment _ I tvt` vc„v ;Ise az vt fo„ a:ion is cnrr:.ct ar will be updated Upon cnttngine I we - ( , 2:It1+ zi , 0 tst .. u t P _ ( ) air.t_ tom:_ nroC_--__,ec es;ablishcd is th- approved anima! waste r—anagrnc tt plan, for [h. fatm411 c ;zags ;a.^ .4lII �:Cc im zmc^t these prcc_dures. i (we) know ; 1"a ary expansion tot a azistine ricsien capacity of :rc waSE:'i . it tcn;L-aad storag: sycte,^t or of new facilities will reqquire a new ccrtificatioe to he subrnit;cd to the DWQ bc:urc the neK• a;umais arc StCCi c . ! (wt) undtrs:.and that u arc :`rust be :to discharn_ of anirrtaI wawa froa, ire s:ara_e or apniitatiort sys;. n to surfae_ %va:ea of tits Statc c,.._r directly the oug a tn_n-made con+•cvancc or fro-! a stamp cvent less severe ;Ilan the ZS-yez. 24-how stor= and there rn':s: not bz run-off from tht appiita6vn ofartimal w:stt. I (we) uncerstand [hat run -oft" of pullutxnuz from lot heir.: and heavy gist arezr must be Minimized usin^_ [ecinica! stands-ds cevaiop--d by trc Natural R:sr, rces Cans_; Lstion i +cam Platt will,bc Bled, a: zhe farm and at the ofrt:= of :h• Iozal Soil ar.;� Water Conscr v_tio, District. I (w ) ktou' any modirtcaiion must be approved by a trchniz-al speciaiist and submiced to the Suii and water CcnsZ-vat 0r. prior to iraait.T.Cn:�ti4n. A chang-. in land ownershir requat:s wrtttcn noti,tta;iOA to DWQ Dr a -,Zw 61, c ,c arprov:d pJzr, is=;^onred) w• :. jr 60 days of , ;i: :ansfc:. Name o: New Land Owner : :)gnaturet ` 0 w v Date:— I�� Nume of ylnnsgcr (if different from ownc ): S'i; o8ture: Date: Please sib and return this forms tu: NC Division of water Quali`Y lion-Diccbarne Compliance S z.nforcement Unit - � �� ltil % Mail Senice Gentler kxleieb, NC 27699-I (I" /Vj pte Owple, (ed mme "4� iy 15, 2t,00 700_� :-Z --Zo 'CN Xt.� -wr,,*t orowpi 01 Facility #71-6 - S&M Farms, Inc. - Permitted 8/18/98 O1C + Wettable Acres — Flagged (needs to have it done) A letter was sent on 10/2/2000 and received by the facility on 10/17/2000 and the Wettable Acres Certification was due on 4/15/2001, but this has not been completed yet according to our database. Notice of Deficiency on 3/2/1998 for insufficient freeboard, and the animal waste management plan was not available Facility #71-12 — Crooked Run Farm (formerly known as Tate Town Farm) - Permitted 8/31/98, then a change of ownership and permit reissued 5/23/01, and a change of ownership permit application has been received on 11/20/2002 but permit has not yet been reissued - OIC + - Wettable Acres — Flagged A wettable acres certification was received on 10/31/2001 but a 10/9/2002 inspection noted that the wettable acres should be redone due to concerns about the current wettable acres Notice of Violation on 4/29/97 for waste in ditches but no discharge to waters of the State; Notice for Corrective Action on 6/26/01 for crops not matching the waste plan and a wettable acres determination needed Facility 71-44 - Watha Farm - Permitted 2/26/99, then a change of ownership and permit reissued 5111/01, and a change of ownership permit application has been received on 11/22/2002 but the permit has not yet been reissued - OIC + - Wettable Acres — Facility was exempt under the 75% rule - Notice for Corrective Action dated 6/26/01 for receiving crop not matching the waste plan, operation needing wettable acres determination due to change in ownership, and outlet pipes eroding lagoon wall State of North Carolina Department of Environme and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director JAMES BRYAN PETERSON TATE TOWN FARM 7950 NC HIGHWAY I I WILLARD NC 28478 Dear James Bryan Peterson: Fit 0 • U , MAY Z 5 2001 AMME NORTH CAR4RLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 23,.2001 Subject: Certificate of Coverage No. AWS710012 Tate Town Farm Swine Waste Collection, Treatment, Storage and Application System Pender County In accordance with your notice of change of ownership received on June 3, 1998, we are forwarding this Certificate of Coverage (COC) issued to James Bryan Peterson, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not Iimited to, the management of animal waste from the Tate Town Farm, located in Pender County, with an animal capacity of no greater than 4200 Feeder to Finish and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC No. AWS710012 dated August 31, 1998. The COC shall hereby incorporate by reference any specified conditions of the previous COC issued to this facility. The purpose of this COC is to acknowledge the change of ownership from previous owner Walter Strickland to the present owner James Bryan Peterson. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 'telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS710012 Tate Town Farm 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 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 Stephanie Milam at (919) 733-5083 ext. 544. Kerr T. Stevens cc: (Certificate of Coverage only for all cc's) Pender County Health Department CWilmington`Regional_Office,_W.ater_Quality Section Pender County Soil and Water Conservation District Permit File NDPU Files ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE r Y DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: County: OPERATOR IN CHARGE-13�;nZ S __ _l�f'ii'� Home Mailin Address�'1 City-� C%Grrs� Certificate # ll/�j� 5 State Social Security # oz _ 3 Work Phone . Home Phone 1- 'i - Signature,at�,o,yr_� _- Date_] OWNER Mailing Address City State Zip Telephone# Signature Date Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 k .I ;01, State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary June 26, 2001 James Peterson 7950 NC Hwy. 11 Willard, NC 28478 SUBJECT: Notice of Corrective Action Tate Town Farm, facility number 71-12 Pender County Dear Mr. Peterson: F.WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES On May 22, 2001, an operation review was conducted on Tate Town Farm, facility number 71- 12, in Pender County. This review, undertaken in accordance with G.S. 143-215.10D, was one of two routine site visits scheduled for all subject animal operations in 2001. Staff from the Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted for corrective action: • The Animal Waste Management Plan for this farm needs to be revised. The current plan has Fescue as a receiving crop for waste application. Fescue was not present on any of the farm's fields designated in the Animal Waste Management Plan to receive animal waste and Mr. Peterson relayed that he does not want to grow Fescue. The waste plan must be revised to show the current crop or crops receiving animal waste. Please contact a Technical Specialist for assistance. Pender Soil and Water Conservation District can provide you with assistance. • Tate Town Farm has an irrigation design based on the former owner's irrigation hard hose traveler system. Mr. Peterson needs to secure a wettable acre determination to ensure the correct acreage is receiving waste based on his current irrigation hard hose traveler system. Please contact a Technical Specialist for assistance. Pender Soil and Water Conservation District can provide you with assistance. A final copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. 127 Cardinal Drive Ext, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper :. A ti �} liar. `dames Peterson 'June 26, 2001 Page 2 On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-395-3900 ext. 334, if you have any questions, concerns, or need additional information. Sincerely, Gibson Patrick Fussell Environmental Specialist H Division of Soil and Water Conservation Cc: Pender Soil and Water Conservation District Carroll Pierce, Div. of Soil and Water Pat Hooper, Div. of Soil and Water Stoney Mathis, Div. of Water Quality 127 C.azdinal Drive Ext, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Aflumative Action Employer 5096 recycled/10% post -consumer paper State of North Carolina Department of Environment ` • and Natural Resources AL MI James B. Hunt, Jr., Governor l Bill Holman, Secretary ;TRY:CDENR Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 3, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Walter Strickland Tate Town Farm 3000 Lamb Road Willard NC 28478 Subject: Notification for Wettable Acre Determination Animal Waste Management System Tate Town Farm Facility Number 71-12 Pender County Dear Walter Strickland: A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Brian Wrenn on 3/11/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Brian Wrenn the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Brian Wrenn, at 127 Cardinal Drive Extension, Wilmington, NC 28404, within in 90 days of the receipt of this letter. If you have any questions please contact Brian Wrenn,at (910) 395-3900. If within 90 days you are unable to provide Brian Wrenn with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 'Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this Ietter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 57I. Sincerely, Ken: T. Stevens cc: Wilmington Regional Office Pender County Soil and Water Conservation District Facility File State of North Carolina r Department of Environme and Natural Resources Division of Water Quality JAN p 3 2000 James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Walter Strickland Tate Town Farm 3000 Lamb Road Willard NC 28478 Dear Walter Strickland: 3FA 1 • CDENRBY: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 71-12 Pender County This Ietter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRYI,'DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, `� Kerr T. Stevens, Director Division of Water Quality cc: Wilmington Regional Office Pender County Soil and Water Conservation District ,Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Rtvised January 22, 199 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number _j- 12. ✓rOperation is flagged for a wettable Farm Name: 1A 11, Eayw, acre determination due to failure of On -Site Representative:_M )L kn6(1 Part 11 eligibility item(s) F1 F2 F3� InspectorlReviewer's Name: A�Ie_t Operation not required to secure WA determination at this time based on Date of site visit: 3 III I exemption El E2 E3 E4 Cate of most recent WUP:%3o1gX Annual farm PAN deficit: d pounds Irrigation System(s) - circle #: hard -hose travel 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 w/permanent pipe; 7. stationary gun system w/portable pipe PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part 1 exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D21D3 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 111. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part II. 'Complete eligibility checklist, Part 11- F1 F2 F3, before completing computational table in Part 111). PART I1.75% Rule Eligibility Checklist and Documentation of WA Determination Requirements. WA Determination required because operation fails one of the eligibility requirements listed below: _ F1 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 respective field's total acreage as noted in table in Part Ill. Revised January 22, 1 Facility Number -1 1 - ) 7 Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD NUMBER" TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMP ACRES FIELD % COMMENTS3 I��Ito r76V. 1.3 j.3 fbo �-tt i 10.9 Io.°l too q.0 p no I j i i FIELD NUMBER' - hydrant_ null_ zone_ or point numbers may be used in place of field numbers depending on CAWMP 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. COMMENTS' - 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. State of North Carolina Department of Environment and Natural Resources I�TEI� • Division of Water Quality PIEC James B.'Hunt, Jr., Governor JUL 2 3 1998 Wayne McDevitt, Secretary Y, A. Preston Howard, Jr., P.E., Direc NCDENR July 16, 1998 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Walter Strickland Tate Town Farm 3000 Lamb Rd. Willard NC 28478 Subject: Application No. 71-0012 Additional Information Request Tate Town Farm Animal Waste Operation Pender County Dear Walter Strickland: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address and submit the following information by August 15, 1998: The Waste Utilization Plan (WUP) lists soybeans and wheat in a rotation as available crops for waste application. Residual nitrogen left over from the soybean crop in the rotation must be accounted for. Nitrogen application rates to the crop following soybeans are required to be reduced by 15-30 lb. (dependent on soil type) to account for the residual nitrogen left by the preceding soybean crop. Please verify and revise, if necessary, your WUP to properly list all application rates with residual nitrogen incorporated into your cropping scheme. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before August 15, 1998 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. . _ Sincerely, JR Jos i Soil Scientist Non -Discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535- Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources FFD LT.KMAI Division of Water Quality James B. Hunt, Jr., GovernorWayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Direc June 8, 1998 Walter Strickland Tate Town Farm 3000 Lamb Rd. Willard NC 28478 Dear Walter Strickland: Subject: Application No. 71-0012 Additional Information Request Tate Town Farm Animal Waste Operation Pender County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 8, 1998: In order to complete the various components of the certified animal waste management plan, please submit two copies each of the following documents that maybe applicable to your farm: 1. Operation and Maintenance Plan for lagoons 2. Number of lagoons present on your farm and calculation to show required storage volumes in each of these lagoons 3. A field map clearly indicating the tract number, field number, and acreage of spray fields specified in your waste utilization plan 4. A general location map indicating location of animal waste facilities and field location Please consult your technical specialist for further assistance in determining and obtaining documents required for your farm. Please include an explanation if any of the above requirements do not apply to your farm. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted by the date specified above or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. An'cerely, J R t Soil Scientist Non -Discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., CERTIFIED MAIL RETURN RECEIPT REQUESTED Walter trio an Tate Town Farm 3000 Lamb Rd. Willard NC 28478 Farm Number: 71 - 12 Dear Walter Strickland: APR 17 1998 April 17, 1998 Z . T �.A 4;J N _R You are hereby notified that Tate Town Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Mike Lewandowski at (919)733-5083 extension 362 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sincerely, c A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor LBY Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Walter Strickland Tate Town Farm 3000 Lamb Rd. Willard NC 28478 Farm Number: 71 - 12 Dear Walter Strickland: APR 17 1998 April 17, 1998 You are hereby notified that Tate Town Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Mike Lewandowski at (919)733-5083 extension 362 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sincerely, 16� A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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 Walter Strickland Tate Town Farm 3000 Lamb Rd. Willard NC 28478 Dear Walter Strickland: NCDENR. NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES August 31, 1998 RECEIVED AUG 3 1 1998 Subject: Certificate of Coverage No. AWS710012 Tate Towri Farm Swine Waste Collection, Treatment, Storage and Application System Pender County In accordance with your application received on June 3, 1998,- we are forwarding this Certificate of Coverage (COC) issued to Walter Strickland, 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 Tate Town Farm, located in Pender County, with an animal capacity of no greater than 4200 Feeder to Finish and the application to land as specified in .the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by. the Division. This COC is not automatically transferable..- A name/onership change .application must be submitted to the DWQ prior to a name change or changew in ownership.'-, ;3 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 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 AWS710012 Tate Town Farm Page 2 information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 733-5083 ext. 363. Sincerel , 1 / t A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Pender County Health Department Wilmington Regional Office, Water Quality Section Pender County Soil and Water Conservation District Permit File State of North Carolina °--- Department of Environment and Natural Resourcek4,R, aU ! Division of Water Quality Non -Discharge Permit Application Form JUN (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) 3 General Permit - Existing Liquid Animal Waste Opegtion�s�a The following questions have been completed utilizing information on file with the Division. &ase review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: 1.1 FacilityName: Tate Town Farm 1.2 Print Land Owner's name: Walter Strickland 1.3 Mailing address: 3000 Lamb Rd. City, State: Willard NC Telephone Number (include area code): 910-285-4059 Zip: 28478 1.4 County where facility is located: Pender 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): 1.9 miles NE of Penderlea NC on the south side of NC 11 approx. 2500 feet off the road._ 1.6 Print Farm Manager's name (if different from Land Owner): 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): 1.8 Date Facility Originally Began Operation: 01/01/90 L9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: 71 (county number); 12 (facility number). 2.2 Operation Descrip i not no Swine operation ee er to Finish 4200- Certified Design Capacity Is the above information correct? a yes; no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum num er for which the waste management structures were designed. Type of Swine Wean to Feeder Feeder to Finish Farrow to Wean (# sow) Farrow to Feeder (# sow) Farrow to Finish (# sow) No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals Other Type of Livestock on the farm: Layer Dairy Non -Layer Beef Turkey FORM: AWO-G-E 1/28/98 . Page 1 of 4 71 -12 No. of Animals: 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 50.04 ; Required Acreage (as listed in the AWMP): 46.54 2.4 Are subsurface drains present within 100' of any of the application fields? -YES or please circle one) 2.5 Are subsurface drains present in the vicinity or under the lagoon(s)? YES orV`" (please circle one) 2.6 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) ES or NO (please circle one) What was the date that this facility's swine houses and lagoon were sitedAV ? What was the date that this facility's land application areas were sited? �f c ,fit .. 3. REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials 3.1 Otte completed and signed original and one copy of the application for General Permit - Animal Waste Operations; " L.cJ4)J 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; S 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. J, k) _ ,S The CAWMP must include the following components: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown on every land application field. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP.. 3.3.9 The required NRCS Standard specifications. 3.3.10 A site schematic. 3.3.11 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 3.3.14 Mortality Control Checklist with the selected method noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.) If your CAWMP includes components not shown on this list, such as an irrigation design, or site evaluation, please include the additional components with your submittal. FORM: AWO-G-E 1128/98 Page 2 of 4 71-12 operator :caacaa=aa=z+aa=acaaaa=a=aataaaaaaaaa>StrickIand, Walter county:eaaaa_eaaaa==aaaaaaaasa=a=aaaaaaaaaa=>pender �-'[ S b u � \� De[@:==�__=====aaaaaa==aaea==a=a===a=aa=asaa>10/29/97 Dist. to nearest residence(other than owner): ft. Bows (farrow to finish):===a==aa=aa=.===___=> sows (farrow to feeder):aaa=a=aaaa===aaaa=aa> head (finishing only):=====aaa=aaaaaaa=aaaaa> 4200 sows (farrow to wean):aaaa=aa=aa==a=a===a=aa> head (wean to feeder):===aaaaaaa=a=ea=saaa==> Ave. Live Weight for other operations(lbs.):> Storage volume for sludge accum. (cu. ft.):=> Treatment Volume (min. 1 cu. ft./lb.):a====a> 1.0 25 Year - 24 Hour Rainfall {in.):==aaaaaaaca> 8 Rainfall in excess of evaporation (in.)aaaaa> 7.0 Drainage area of buildings i lots (sq. ft.):> Volume of wash water (gallons/day)===aaaaaaa> Temporary storage period (days):saaaaaa=a=aa> 180 Freeboard(ft.):=aaaaaaaaaaa=as=a=aaasaaaaaa> 1 Side slopes (inside lagoon):======aa===aaaaa> 2.5 : 1 Inside top length (ft.):=======a==aaaaaaaaaa> 492 Inside top width (ft.):====aaa=a==aaa==aeaee>. 397.5 Top of dike elevation (ft.):a==asaaaaaaa=a==> 50 Bottom of lagoon elevation (ft.):==aa=a=a==a> 39.7 Seasonal high water table(SNWT) elev.(ft.):=> :Lr7�Yq .S op poop ng a (> or = to 0.0 ft SHWT> .7 ft. (> or a to 45.7 ft Min) Required minimum treatment volume: 567000 cu. ft. Volume at stop pumping elevation: 987M cu. ft. Start pumping elev.:=aaeaa=aaaaaa=aaaaaaasaa> 48.3 ft. Volume at start pumping elevation: 1461476 cu. ft. Actual volume less 25yr-24hr rain: 1463825 cu. ft. NOTE: Verify that t*W. storage is adequate: Req. volume to be pumped:====> 252548 cu. ft. Actual volume to be pumped:— 474413 cu: ft. M C�3�S ..�.t.+.-♦�.�-S to- � � � O -ti '�v.�n+�r ar- d J o ctR.�, Spa.��•r Lo( �14(4`7 Pender Soil and Water Conservation District Telephone 910 259 4305 801 South Walker Street Post Office Box 248 Burgow, North Carolina 28425 CERTIFICATION CHECKLIST ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION NUTRIENT MANAGEMENT PLAN NARRATIVE SUMMARY NUTRIENT MANAGEMENT PLAN FIELD MAPS SOIL AND WASTE ANALYSES NRCS REQUIRED SPECIFICATIONS BMPS FOR HANDLING SWINE WASTE CALIBRATION INFORMATION FOR NUTRIENT APPLICATION EQUIPMENT WASTE APPLICATION RECORDS .INSECT AND ODOR CONTROL EMERGENCY ACTION PLAN N Signature below acknowledges receipt of Certification Components by Owner/Operator. +►� 77 S' nature of Technical Specialist Date Signed Signature of Farm Owner/Operator Date Signed wArrvER C E l V E D QUA-1 ITYSECrron4 'JUN 31998 Non-Dischargo p,,►mi£ti ,9 TABLE OF CONTENTS SECTION 1-ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION SECTION 2-NUTRIENT MANAGEMENT PLAN NARRATIVE SUMMARY SECTION 3-NUTRIENT MANAGEMENT PLAN SECTION 4-FIELD MAPS SECTION 5-SOEL AND WASTE ANALYSES SECTION G-NRCS REQUIRED SPECIFICATIONS SECTION 7-BMPS FOR HANDLING SWINE WASTE SECTION 8-CALIBRATION INFO FOR NTR APPLICATION EQUIPMENT SECTION 9-WASTE APPLICATION RECORDS SECTION 10-INSECT AND ODOR CONTROL SECTION 11-EMERGENCY ACTION PLAN } .f n s SECTION ONE ANIMAL WASTE MANAGEMENT CERTIFICATION Animal Waste Management Plan Certification (Please type or print all information that does not reauire a signature Name of Farm: TATETOWN Facility No: 71 12 Owner(s) Name: WALTER STRICKLAND Phone No: 910-285-4059 Mailing Address: 3000 LAMB RD WILLARD, NC 28478 Farm Location: County Farm is located in: FENDER Latitude and Longitude: 34 40 - 37" 1 78 00, 50" Integrator: L&S FARMS Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): LOCATED ON NC HWY 11 AT A COOMUNITY CALLED TATETOWN APPROX. 2 MILES FROM THE INTERSECTION OF WILLARD RD Qperation Desmp_tion: Type of Swine No. of Animals 0 Wean to Feeder (I Feeder to Finish 4200 0 Farrow to Wean 0 Farrow to Feeder 0 Farrow to F-uusb ❑ Gilts' O Boars Type of Poultry No. of Animals Type of Carle No. of Animals ❑ Layer ❑ Dairy ❑ Pullets 0 Beef Other Type of Livestock: Number of Animals: Acreage Available for Application: 50.04 Required Acreage: 46.54 Number of Lagoons I Storage Ponds : 1 Total Capacity:1594204 Cubic Feet (ft3) Are subsurface drains present on the farm: YES or NO (please circle one) If YES. are subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one) Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be • run-off from the application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modification must be approved by a technical specialist and submitted to the it and Water Conservation District prior to implementation. A change in land ownership requires .written n ' t o to DEM or a new certification (if the approved plan is changed) within 60 days of a title trarksifer. Name of Land Owner: Signature: Date: Z'4ZS44 7 Name of Manager(if different from owner): Signature: Date: AWC -- August 1, 1997 - VVAr �� �rrys D Technical Specialist Certification 'JUN �crro� L Asa technical specialist designated by the North Carolina Soil and Water Conservation Cow�' ion pu:su jigg8;A NCAC 6F .0005, I certify that the animal waste management system for the farm named abbW&Whqn. management plan that meets or exceeds standards and specifications of the Division of Environmental 9 ? ing-at (DEM) as specified in 15A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service (MRCS) North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC E�' .0005. The following elements are included in the plan as applicable. While each category designates a technical s : who may sign each certification (SD, SI, WUP, RC.1), the technical specialist should only certify parts for whici technically competent. II. Certification of Design A) Collection, Storage, Treatment System Cluck the appropriate box Existing facility without retrofit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utuiz.,. -ion requirements. ❑ nw, expanded or retrofitted face (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and F ds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): Jason Turner Affiliation gender Soil & Water Conservation Date WorkCompleted:.y± 1�9[ Address (Agency): 801 S Walker St. Burgaw, NC 28425 phone No.: 910-259-4305 Signature: _ Date: B) Land Application Sit (WUP) The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management; hydraulic and nutrient loading rates. Name of Technical Specialist (Please Print): Jason Turner Affiliation Pender Soil .& Water Conservation Date Work Completed: `q Address (Agency : 801 S Walker St. Burgaw, NC 28425 phone No.: 910-259-4305 Signature: Date: C) Runoff Controls from Exterior Lots Check the appropriate box ❑ Facility without exterior lots (SD or WUP or RC) This facility does not contain any exterior lots. ❑ Facility with exterior Igts (RC) Methods to minimia the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by MRCS. Name of Technical Specialist (Please Print)ff ,- Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: AWC -- August 1, 1997 2 D). Apalication and Handling Equipment_ Check the appropriate box Existing nr Cnandini;facililr—glib exislingwa5ic =11cation equipment (WUP or 1) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste -management plan: (existing application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). ❑ nw. exn , or -existing fpcility wjthout CxMng�waste analicadon equipment for _=My irrigation, (I) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan;. (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). 9 New, expanded. gr cZisting.facility wi hguexisting waste aoolicadgn equipment for land spreading,not ing (WUP or 1) Animal waste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). Name of Technical Specialist (Please Print): Jason Turner Affiliation Pender Soil & hater Date Work Completed: Address (Age cy): 801 S Walker St. Burgaw, -NC 28425 phone No.: 910-259-4305 Signature:_Date: _i_aa—) 5 = 9- E) Odor Control, Insect Control, Mortality Management and Emergencv Action Plan (SD,,,- SI, WUP, RC or I) The waste management plan for this facility includes a Waste Management Odor Control Checklist, an Insect Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have been selected and include¢ iq the waste management plan. Both the Mo;taliry,Management Plan and the Emergency Action Plan are complete and can be implemented by this facility. Name of Technical Specialist (Please Print): Jason Turner q Affiliation Pender Soil & Water Conservation Date WorkCotnpleted: �rS. l-_7 Address (Ag cy): 801 South Walker St. Burgaw, NC 284? one No.: 910-259-4305 Signature:_ - ,Date: ,o - t y -97 F) Written Notice of New or ExpandingSwine Farm The following signature block is only to be used for new or expanding swine [arms that begin construction after June 21, 1996. If the facility was built before June 21, 1996, when was It constructed or last expanded I (we) certify that I (we) have attempted to contact by certified mail all adjoining property owners and all property owners who own property located across a public road, street, or highway from this new or expanding swine farm. The notice was in compliance with the requirements of NCGS 106-80511 A copy of the notice and a list of the property owners notified is attached Name of Land Owner: Signature: Date: Name of Manager (if different from owner): Signature: Date: AWC -- August 1, 1997 3 III. Certification of Installation A) Collection, Storage, Treatment Installation New, a oanded or retrofitted facility (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have b-,: . in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retroftts, no certification fs necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: B) Land Application Site (WUP) Check the appropriate box The cropping system is in place on all land as specified in the animal waste management plan. Q Conditional Approval: all required land as specked in the plan is cleared for planting; the cropping system as specified in the waste utilization plan has not been established and the owner has committed to establish tLe vegetation as specified in the plan by (month/day/year); the -proposed cover crop is appropriate -for compliance with the wasteutilization.plan. ❑ Also check this box if appropriate if the cropping system as specified in the plan i:an not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Name of Technical Specialist (Please Print): Jason Turner Affiliation gender Soil & water Date Work Completed: " Address (Aaeacy):801 S Walker Street Burgaw, NC 28425Phone No.: 910-259-4305 Signature: Date:_ j a - This folio winlrsi gnature block is only to be used when the box for conditional approval in -13L B above has been checked. I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: _ Date. Name of Manager (if different from owner): , Signature: �l` Date: AWC -- August 1, 1997 C) Runoff Controls from Exterior Lots (RC) ' Eacility with ateriot' lots • Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior Tots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: D) Application and Handling EQuilment Imtallation (Vi UP or I) Check the, gppropriare block )A Animal waste application and handling equipment specified in the plan is on site and ready for use; czaracion and adjustment materials have been provided to the owners and are contained as part of the plan. C� Animal waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third party application and has provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained.; Calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. 0 Conditional approval: Animal waste application and handling equipment specified in the plan has been purchased and will be on site and installed by (mouth/day/year); there is adequate storage to hold the waste until the equipment is installed : nd until the waste can be land applied in accordance with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plan,. Name of Technical Specialist (Please Punt): Jason Turner Fender Soil & Water Conservation D2'So Affiliation rk Completed:., Walker u ga 910--259-4305 Address (Agency): Phone No.: Signature: The following signature block is only to be used when the box for conditional approval In III D above has been checked. I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: Date Name of Manager (if different from owner): Signature: Date: E) Odor Control. Insect Control and Mortality Management (SD, Si. Bm. RC or n Methods to control odors and insects as specified in the Plan have been installed and are operational. The mortality management system as specified in the Plan has also been installed and is operational. Name of Technical Specialist (Please Print): r Jason Turner Pender Soil & Water Cohserva Address on S Walker St; Buryaw, 2 425 e Work Completed:,10' 15-1- Phone No.: 41�0+-q259-4305 DatE- / d-.%1' li7 AWC -- AugusK 1997 i arc mollaas Im & 'fiG'4e ANIMAL WASTE UTILIZATION PLAN Producer: WALTER STRICKLAND - Location: 3000 LAMB RD WILLARD- NC 28478 Telephone: 910-285-4059 Type Operation: Existing Feeder to Finish Swine Number of Animals: 4200.00 hogs (Design capacity) STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation The waste from your animal facility must be land applied at a } specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. Page: 1 ANIMAL WASTE UTILIZATION PLAN 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tone, etc.) 4200 hogs x 1.9 tons waste/hogs/year = 7980 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 4200 hogs x 2.3 lbs PAN/hogs/year W 9660 lbs. PAN/year Applying the above amount of waste is a big .job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. Page: 2 ANIMAL WASTE UTILIZATION PLAN 5 YEAR ROTATION PLAN . TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME 6718 1 LS C 120.0 150 10.9 1635 I MAR-JUN 6718 54 120 8.82 6 2 ILS JW IJ 1.11058.4 FEB-MAR 6718 --2 LS SBDC 1093.68 ` I 131 J124 1 18.82 1 JUN-SEP 6718 4 ILS JW I 150 1120 1 18.85 11062 FEB-MAR 6718 SBDC 1-4 ILS I 131 1124 1 18.85 11097.4 JUN-SEP 6718 5 120 ILS JW T 150 177.67 ,920.4 FEB-MAR 6718 SBDC 1-5 ILS I 131 1124 1 17.67 ,951.08 JUN-SEP 6718 6 120 9.0 1080 ILS JW I1.50 _ FEB-MAR 6718 SBDC •9.0 1-6 ILS I 131 1124 11116 JUN-SEP 1646• FH IX ILS I 14.5 1225 1 11.3 ,292.5 SEP-APR END T TOTALI10306.4 *SEE PAGE 4 FOR ALL FIELD DESCRIPTIONS EACH YEAR FOR 5 YEARS - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. Page: 3 ANIMAL WASTE UTILIZATION PLAN NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. *APPLICATION RATES, CROPS, AND ACREAGES WILL REMAIN THE SAME EACH YEAR 97-98 YR 98-99 YR 99-00 YR N ACRES N ACRES N ACR! 4.1 W 1308 10.9 #1 W 1308 10.9 #1 W 1308 10.' SB 1351.6 •SB 1351.6 SB 1351.6 #2 W 1058.4 8.82 #Z W 1058.4 8.82 #2 W 1058.4 8.: SB 1093.68 SB 1093.68 SB 1093.68 #A W 1062 8.85 #4 'W 1062 8.85 #4 C 1327.5 8. SB 1097.4 SB 1097.4 #5 W 920.4 7. #5 W 920.4 7.67 #5 C 1150.5 7.67 SB 951.08 .'SB 951.08' #6 W 1080 9.0 #6 W 1080 9. ' #6 C 1350 .9.0 SB 1116 SB 1116 fl' FH 292.5 1.3 #1 FH 292.5 1.3 #1 FH 292.5 1. 10485:06 1061O A8 10499.16 00-01 YR 01-02 YR N ACRES N ACRES #1 W 1308 10.9 #1 .0 1635, 10.9 SB 1351.6 #2 W 1058.4 8.82 #2 C 1323 8.82 SB 1093.68 #4 W 1062 8.85 #4 W 1062 8.85 SB 1097.4 SB 1097.4 #5 W 920.4 7.67 #5 W 920.4 7.67 SB 951.08 SB 951�08 #6 W 1080 9.0 #6 W 1080 9.0 SB 1116 SB 1116 #1 FH 292.5 1.3 #1 FH 292.5 1.3 10501.98 10306.46 Page: 4 ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED ----- or ------- APPLY RESID. APPLIC METH N TIME END TOTAL 10 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. ** Acreage figures may exceed total acreage in fields due to overseeding. * lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS PER UNIT C CORN BUSHELS 1.25 FH TALL FESCUE --HAY TONS 50 SBDC SOYBEANS DOUBLE CROPPED GRAIN BUSHELS 4 W WHEAT BUSHELS 2.4 TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED Page: 5 ANIMAL WASTE UTILIZATION PLAN TABLE 1 46.54 10306.46 TABLE 2 0 0 TOTAL 46.54 10306.46 *** BALANCE-646.46 ------------------- *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Page: 6 RECEIVED WATER QUALITY SECTION ANIMAL WASTE UTILIZATION PLAN Ivan -Discharge permitting *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1554 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 7770 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 25.9 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you will need 62.16 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 7 ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. I I I (Application RatelApplic. Amount Tract I Field I Soil Type I Crop 1 I (in/hr) I (inches) 1646 11 I LS I FH 1 I .4 1 I *.5 6718 I I 11 I LS I I C I I .4 I I *.5 6718 I I l 4 1 LS I I W I I I .4 1 I *.5 6718 I l 5 LS + W 1 I .4 I *.5 6718 l I I 6 I LS I I W I I .4 I *.5 I 6718 I 1 W j LS I I W I .4 1 *.5 I 6718 I 1 --2 I LS I I SBDC I I .4 1 I *.5 6718 1 -4 I LS I I SBDC I .4 I I *.5 6718 1 1 -5 I LS I I SBDC I I I .4 I I *.5 I 6718 1 I -6 I LS I SBDC 1 + .4 I *.5 Page: 8 ANIMAL WASTE UTILIZATION PLAN * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180.00 days of temporary storage and the temporary storage must be removed on the average of once every 5.00 months. In no instance should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables I and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION Page: 9 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm:TATETOWN 71-12 Owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of -the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: WALTER STRICKLAND (Please print) Signature: Date: Name of Manager (If different from owner) : Signature: Date: Name of Person Preparing Plan: Affiliation:Pender Soil & Water Address (Agency): PO Box 248 Burgaw NC (Please print)L. Jason Turner Phone No. 910-259-4305 28425-0248 Signature: Date: Page: 13 .a GREEN - Indicates 25 foot field. buffers and any additional buffer areas YELLOW - Indicates delineated acreage for application of swine waste Pt Ap NAl- t W-C 30 SECTION FIVE SOIL AND WASTE ANALYSES lu 0 SECTION SIX NRCS REQUIRED SPECIFICATIONS WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of, waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 -Filter Strip) 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When.applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 10 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 11 WASTE UTILIZATION PLAN REQUIREDSPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied preplant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three '(3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 12 RECEIVED WA i ER QUALITY SEOON ,JUN 31998 Non -Discharge Permitting SECTION SEVEN BMPS FOR HANDLING SWINE WASTE Important Considerations when Managing Nutrients to Protect Water Quality RECEIVED WATERQ�J�-ins C7ION 'JUN 31998 Commercial Fertilizers . r Non -Discharge Permitting Do: ■ Remember that the producer is responsible for any pollution caused by improper management of nutrients. ■ To avoid runoff, apply irrigated or liquid materials at levels less than the it:filtradon rate of the soil. Infiltration rates vary with the degree of soil saturation and should be taken into account when applying nutrients from liquid sources. ■ To avoid groundwater contamination, apply no more liquid than the amount necessary to fill the soil profile within the crop rooting depth to field capacity. ■ To maximize nutrient uptake for plant growth and development and to reduce the potential for pollution, apply nitrogen from fertilizers less than 30 days before planting. ■ Develop field borders, which serve as a nutrient trap if field runoff occurs. ■ If a fertilizer has a calcium carbonate equivalent, be sure to assess the lime effect at calculated application mates for the primary nutrient Many products with calcium carbonate need to. be treated as a primary. lime source rather than a primary nutrient source. rr . k Store nutrient or lime sources that cadt be applied at the appropriate time for plant use property to prevent groundwater or surface water contamination ■ Locate temporary and permanent storage structures a minimum of 100 feet from perennial waters as indicated on the most recent version of U.S.G.S. I :24000 (7.5 minute) scale maps. Don't ■ Don't apply fertilizers at rates greater than agronomic rates. ■ Don't apply fertilizers on soils designated as highly erodible (BEL) unless treated to meet soil loss or "T' (value that is considered to be an acceptable field loss tonslaclyr). ■ Don't apply fertilizers on soils with high runoff potential or steep slopes. a Don't apply nutrients to soils that are water saturated, frozen or snow covered. These conditions promote runoff and may contribute to surface water contamination, ■ Don't apply nutrients before a storm. Greatest nutrient runoff occurs when significant rain falls within 24 hours after application. ■ Don't apply nutrients near surface waters or wells.. NCSUINCCES Nutrient Management Manual — Reference Section &4 A r ,kirk Yourself ■ Have fertilizers been analyzed for nutrient and calcium carbonate content? ■ Has a current soil sample analysis been used in the development of this plan? (Attach analysis in appendix.) ■ .Are the yield goals realistic for the crop, aatum of the fertilizer or lime source, and ma.aagement capabilities of the producer or spreader? ■ Have application records and an appropriate storage and filing system been established to keep and easily retrieve information? ■ Do storage structures appear to adequately protect nutrients from runoff or leaching? Special Consi oudans (Check those that apPfYjr Q This site has the flexibility to handle changes in nutrient concentration and rates of the primary nutrient. ❑ This plan effectively balances the primary nutrient, but buildup of other nutrients may limit the site life unless additional management options are Implemented. In this case, consider cropping systems that can use nutrients other than the primary nutrient to reduce soil residual levels. For example, rotations that include legumes can use residual potash and phosphate while making their own nitrogen. In this system, nitrogen should not be applied to the.legume. This option will require more land but introduce greater management flexibility. ❑ While the primary nutrient can be balanced on this farm, there is little flexibility to accommodate Increases or errors in nutrient concentrations br rates. To avoid future nutrient problems, the producer should consider additional management options such as off -site transportation or additional land purchasing or leasing. NCSUINCCES Nutrient Management Manual ---Reference Section 86 Important Considerations when Managing Nutrients to Protect Water Quality . Animal Manures & By -Products Da; ■ Remember that the producer is responsible for any pollution caused by improper management of nutrients. ■ To avoid runoff, apply,irrigated or Liquid materials at levels Iess than the infiltration rate of the soil. Infiltration rates vary with the degree of soil saturation and should be taken into account when applying nutrients from liquid sources. ■ To avoid groundwater contamination, apply no more liquid than the amount necessary to MI the soil profile within the crop rooting depth to field capacity. ■ To properly design and implement a nutrient management system, have manure and by-products analyzed. If a sample cannot be taken before land application use the best available information for that material. ?hen during land application or loading, take a representative sample of the material and have it analyzed. After results are received, reassess the nutrient management plan and make any necessary changes. ■ To maximize nutrient uptake for plant growth and development and to reduce the potential for pollution, apply nitrogen from fertilizers or by-products Iess than 30 days before planting. Develo.111 p field borders, which serve as a nutrient trap if field runoff occurs. ■ If a by-product has a calcium carbonate equivalent, be sure to assess the lime effect at calculated application rates for the primary nutrient. Many products with calcium carbonate need to be treated as a primary lime source. rather than a primary nutrient source. . ■ Store nutrient or lime sources that can't be applied at the appropriate time for plant use properly to prevent groundwater or surface water contamination. ■ Locate temporary and permanent storage structures a minimum of 100 feet from perennial waters as indicated on the most recent version of U.S.G.S. 1:24000 (7.5 minute) scale maps. Don % E' Don't apply manure or by-products at rates greater than agronomic rates. ■ Don't spread manure or by-products on soils designated as highly erodible (HEY,) -unless treated to meet soil loss or "T" (value that is considered to be an acceptable field loss toas/ac/yr), or unless the application is part of a treatment program such as soil amendment P ■ Don't apply manures and by-proilicts on soils with high =Offpotential or steep slopes: ■ Don't apply nutrients to soils that are water saturated, frozen or snow covered. These conditions promote runoff and may contribute to surface water contamination. NCSUINCCES Nutrient Management Manual — Reference Section 83 t ■ Don't apply nutrients before a storm. Greatest nutrient runoff occurs when signiflca:_'° falls within 24 hours after application. ■ Don't apply nutrients near surface waters or wells. CU Ask Yourself• ■ Have by-products been analyzed for nutrient and calcium carbonate content? ■ Has a current soil sample analysis been used in the development of this plan? (A=h analysis in appendix) ■ Are the yield goals realistic for the crop, na;um of the fe_ rdH= or lime source, and management capabilities of the producer or spreader? ■ if this by-product is from municipal or industrial sludge or dairy manure. have residual, nitrogen values been included in the rate determinations? ■ Have application.records and an appropriate storage and filing system been established to keep and easily retrieve information? ■ Do storage stzuctures appear to adequately -protect nutrients from rtmoff or leaching? . Special Considerations (Check those that apply): CI This site has the flexibility to handle changes in nutrient concentration and rates of the primary nutrient. ❑ This plan effectively balances the primary nutrient, but buildup of other nutrients may limit the site life unless additional management options are implemented. In this case, consider cropping systems that can use nutrients other than the primary nutrient to reduce soil residual levels. For example, rotations that include legumes can use residual potash and phosphate while making their own nitrogen. In this system, nitrogen should not be applied to the legume. This option will require more Iand but introduce greater management flexibility. While the primary nutrient can be balanced on this farm, there is little flexibility to accommodate increases or errors in nutrient concentrations or rates. To avoid future nutrient problems, the producer should consider additional management options such as off -site traasportadon or additional land purchasing or leasing. r NCSUINCCES Nutrient Management Manual —Reference Section 84 r• SECTION EIGHT CALIBRATION INFO FOR NUTRIENT APPLICATION EQUIPMENT - - start-up & operation - - 25A PERFORMANCE GUIDE 25A x =* wxMI-REEL PMFORMUCI IMM 09" of APPUICATIOM WILSON SP1011xLM IlYiT11) 61AR11"To TAAVIL SPHO - FEET PEpi HOUR 3R100 PFAF011KM IW RRIA 4 Paz. P01 arm NA rsl WON N x 111 36 60 76 110 126 110 173 .712- s0 74 220 74 154 x 107 1.0 ILI 0.5 0.4 0.3 0.3 0.2 me 60 61 M 01 106 x 20 1.0 LI 0.1 0.4 0.3 0.3 0.2 or .6' 70 63 to 10 172 x IN 1.1 0.1 0.6 0.4 O.3 0.3 04 7opor 00 04 266 111 179 x M 1.1 &1 0.6 1.4 0.4 0.3 0.2 .766- 10 0i 225 11 161 % 011 1.2 0.1 0.1 0.5 0.4 0.3 0.2 Ring Y 60 24 0! 110 x 064 1.2 1.0 0.1 0.1 0.4 0.3 0.2 of .W 70 104 26O 106 172 x 101 1.] 1.1 2.1 0.6 1.4 0.3 0.2 hoar 01 111 206 111 I@$ x 113 1.7 1.0 0.7 0.1 0.4 0.3 0.2 .512- 60 10O M t11 1.3 1.0 0.7 0.6 0.4 0.3 0. Ins 10 246 " In x /M1.4-11. .4 .2 or X 70 116 266 112 112 x 111 1.4 1.1 0.7 0,1 0.6 0.4 0.2 boll 60 127 M 127 113 x 111 1.4 1.1 0.T 0.1 0.6 0.4 022 .1s71 so 115 240 11 111 x - 164 1.4 1.2 0.1 0.6 0.5 0.4 0.3 A" so 125 M 1o1 in x 1111 1.4 1.2 1.1 0.6 0.5 0.4 0.3 or .75- 70 133 275 122 103 x 116 1.6 1.2 0.1 0.6 0.1 0.4 0.3 host 60 145 M 131 200 x no 1 1.1 1.2 0.4 0.4 0.5 0.4 0.3 .895- 60 111 am n 175 x W L.6 1.2 0.0 0.6 11.6 0.4 4.3 Rin6 60 141 270 116 110 x oil 1.5 1.3 0.3 0.6 0.6 0.4 0.3 of .1' 70 152 !10 132 in Ill 1.1 1.3 1.1 0.0 0.6 0.4 0.3 boll 10 M300 141 ISO x M1.1 1.3 0.1 1.7 0.5 0.4 0,3 .127' s0 160 2" 111 176 x 106 1.1 1.4 0.1 6.7 0.6 0.5 0.3 Ring 10 164 tt75 130. IN x 111 1.1 1.4 1.9 0.7 2.6 0.5 0.3 W .16- TO 177 M 141 207 x m 1.1 1.4 1.0 1.7 0.6 0.5 0.3 16061 NOUNS RNI INFW OF Ill 24.3 1T.0 113 3.5 0.1 63 4.1 iplom Ie11121 promfe am oil to to Tv"s 0rtn0. twos Ddm ids Do Moot 10 /111 lower. ' Am vo10 an "rT dodo" as vim sootmlool %m 41Msobn sad Mw 41 moonkm apAellon. TL ow.alo no aareed low m Is 1.0 am 11te , "vaom loin Pfegaf4` h Me pnuro rgaired sl the troveler Will. IS Istlobs ollossoras 1M tM trawler plumk1o1 ae1 arlve, PE Woo use oprlalar poavn.1WMaa dd"g w01 rgvlfe d[0l000lprevoom of tslle f Wads.1 dots aol latiyoe eer pool olloweases of 0010 moveme of Ewelloe "oven Il oil tM wall "orlon poll" It Poem loss" Above 16 last W ow NOTE* 3pealflullepemsuitedtoebaWftrRlWl311141, 0M8i�r 16 ZO 39Vd 00 isNm SCINVIAOINIS 9SZE68ZGTET 99-60 L661/0E/66 EXHIBIT D-1 IRRIGATION SYSTEM DESIGN PARAMETERS Landowner/Operator Name: L/_eQ�� � County: - Address: )Date: J a Telephone: TABLE 1 - Field Specifications Approxtinate Mmxbnwn us"ble She of FWd �r - ■err �� .. �_-C. �. ` P__.. =�=� rr■� rrrrr rr� rr■rr■r rr� rrrrr I See attached map. 2Total Feld acreage minus required buf er areas. 3Refer to N. C. irrigation Guide, Field Office Technical Guide, Section II G. Annual application must not exceed the agronomic rates for the soil and crop used. I HAVE READ THE PARAMETER N THIS WORKSHEET AND UNDERSTAND THAT WASTE WATER WILL BE APPL ED ZATE R T A D MAXIMUM AMOUNTS INDICATED. NRCS,NC TUNE, . NC NAME DATE i SECTION NINE WASTE APPLICATION RECORDS Waste Application Records Your irrigation -records consist of two forms. One form is for your use in the field to record any irrigation event on any field. This form miLy include irrigation events on several fields on *several different dates. -Under the sprinkler nozzle section are several headings. If you know the diameter of'the'sprinkler nozzle and the pressure ,at the nozzle, you,can use the tables in the calibration section of this book to obtain flow rate in gallons per minute. The second form is your permanent record form for each individual field for -a period of one year. You may wish to subcode each field number to correspond with a sprinkler set if you are using a permanent irrigation system. Many times you may irrigate only a portion of the field. If so, one could have field 1A, 1B, 1C, etc. The permanent cumulative record could be used for -each sprinkler set as mentioned above so that the acres column would be. correct for the portion irrigated rather than the acres for -the entire field. -If one uses a traveler system, then coding each hydrant or pull position such as 1A, 1B, 1C, etc. would be useful. P .j.t SECTION TEN INSECT AND ODOR CONTROL Insect Control Checklist for Animal Operations Source Cause / BMPs to Control Insects Site Specific Practices Flush Gutters • Accumulalion-of solids F1 h system is designed and operated / friciently to remove accumulated solids from gutters as designed. R�fnove bridging of accumulated solids at �scharQe Lagoons and Pits • Crusted Solids Maintain lagoons, settling basins and pits where pest breeding is apparent to minimize the cru rmg of solids to a depth of no more than 6 - nches over more than 30% of surface. Excessive Vegetative • Decaying vegetation Maintain vegetative control along banks of Growth lagoons and other impoundments to prevent accumulation of decaying vegetative matter along water's edge on impoundment's perimeter. Dry Systems Feeders • Feed Spillage ❑ Design, operate and maintain feed systems (e.g., - bunkers and troughs) to minimize the / accumulation of decaying wastage. / Q O Clean up spillage on a routine basis (e.g., 7 - 10 ► ` day interval during summer, 15-30 day interval during winter). - Feed Storage • Accumulations of feed residues ❑ Reduce moisture accumulation within and around immediate perimeter of feed slor age areas by insuring drainage away from site and/or providing adequate containment (e.g., covered bin for brewer's grain and similar high moisture grain products). ❑ Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. .0 -November 11, 1996, Page i urce Cause amps to Control Insects. Site Specific Practices Anion! Holding Arcas —Accumulations of animal wastes O Eliminate low areas that trap moisture along and feed wastage fences and other locations where waste accumulates and disturbance by animals is 91 / I minimal. f UI O Maintain fence taws and filter strips around animal holding areb to minimize accumulations of wastes (i.e., inspect for and remove or break up accumulated solids as - needed). - Dry Manure Handling • Accumulations of animal wastes © Remove spillage on a routine basis (e.g., 7 - 10 Systems day interval during summer; 15-30 day interval during winter) where manure is loaded for land �/ Q application or disposal. O Provide for adequate drainage around manure stockpiles. 0 Inspect for and remove or break up accumulated wastes in tiller strips around stockpiles and manure handling areas as needed. For more information contact the Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleigh,.NC, 27695-7613. �17 At .ovember 11, 1996, Page 2 rce Animal body surfaces Floor surfaces Swine Farm Waste Management Odor Control Checklist Cause • Swine production • Dirty manure -covered anim • Wet manure -covered floors BMPs to Minimize Odor getalive or wooded buffers; F commended best management practices; /11 od judgment and common sense Pry floors lolled floors; aterera located over slotted floors; Yceders at high end of solid floors; Scrape manure buildup front floors; Sc O 1Underfloor ventilation for drying Manure collection pits • Urine; Frequent manure removal by flush, pit recharge. • Partial microbial decomposition or scmpe; O Xnderffoor ventilation fans • Volatile gases; air movement • Dust " X ashdown between groups of animals; 7a. Feed additives; Feeder covers; O Feed delivery downspout extenders to feeder Flush tanks • Agitation of recycled lagoon Flush lank covers; liquid while tanks are filling lend rill lines to near bottom of tanks with '2ti-siphon vents Flush alleys • Agitation during wastewater j7r Underfloor flush with underfloor ventilation 1 t Site Specifie Practices conveyance Pit recharge points • Agitation of recycled lagoon G Extend recharge lines to near bottom of pits liquid while pits are filling with anti -siphon vents 91 / L•f Lift stations • Agitation during sump lank 0 Sump tank covers LI filling and drawdown Outside drain collection • Agitation during wastewater f] Box covers C�► or junction boxes conveyance l 14 I November If. 1996. Page 3 _ �t:urcc —End of drainpipes at lagoon wastewater conveyance • Volatile gas emissi • Biological mixing; • Agitation Irrigation sprinkler • High pressure agitation; nozzles a Wind drift to Minimize Odor discharge point of pipes underneath liquid level lagoon liquid capacity; lagoon startup procedures; �Ib&imum surface area -to -volume ratio; / Minimum agitation. whenpumpit% ❑ Mechanical aeration; O,_Proven biological additives on dry days with little or no wind; mumum recommended operating pressure; Pump intake near lagoon liquid surface; 13 Pump from second -stage lagoon Site Specific Practices Storage tank or basin • Partial microbial decomposition; O Bottom or midlevel loading; surface • Mixing while filling; ❑ Tank covers; Ch IQ • Agitation when emptying 13 Basin surface mats of solids; 0 Proven biological additives or oxidants Settling basin surface • • Partial microbial decomposition; Mixing while tilling; ❑ Extend drainpipe outlets underneath liquid level; J/I CA • Agitation when emptying ❑ Remove settled solids regularly Manure, slurry or sludge • Agitation when spreading; ❑ Soil injection of sluny/sludges; spreader outlets • Volatile gas emissions ❑ Wash residual manure from spreader after use; q214 Cl Proven biological additives or oxidants Uncovered manure, slurry or sludge on field • Volatile gas emissions while drying ❑ Soil injection of slurry/sludges - ❑ . Soil incorporation within 48 firs.; 1 surfaces ❑ Spread in thin uniform layers for rapid drying; ❑ Jfovcn biological additives or oxidants Dead animals • Carcass decomposition Z-6 Proper disposition orearcasses Mad animal disposal • Carcass decomposition 0 Complete covering of carcasses ill burial pits; / pits Cl Proper lOGatloniGOlislrlrCtioi[ ofdlSposal pits 97 / (l� �/ Incinerators • Incomplete combustion ❑ Secondary stack burners C? 14 -)C - November 11, 1996, Page 4 Sauce Cause BMPs to Minimize Odor Site Specific Practices Standing water around a Improper drainage; Grade and landscape such that water drains facilities a Microbial decomposition of away Gom facilities organic matter Manure tracked onto a roorly mamtamed access roads Farm access road maintenance public roads from farm access Additional Information : Available From : Swine Manure Management; 0200 Rule/BMP Packet NCSU, County Extension Center Swine Production Farm Potential Odor Sources and Remedies ; EBAE Fact Sheet NCSU - BAE Swine Production Facility Manure Management: Pit Recharge - Lagoon Treatment ; EBAE 128-88 NCSU - BAE Swine Production Facility Manure Management: Underfloor Flush - Lagoon Treatment; EBAE 129-88 NCSU - DAE Lagoon Design and Management for Livestock Manure Treatment and Storage ; EBAE 103-83 NCSU - DAE Calibration of Manure and Wastewater Application Equipment ; EBAE Fact Sheet NCSU - BAE Controlling Odors from Swine Buildings; PIH-33 NCSU - Swine Extension Environmental Assurance Program ; NPPC Manual NC Pork Producers Assoc Options for Managing Odor; a report from the Swine Odor Task Force NCSU Agri Communications Nuisance Concerns In Animal Manure Manag t: and Flies; PRO107, 1995 Conference Proceedings Florida Cooperative Extension /9/137l 19(77 - -November 11. 1996, Page 5 k Mortality Management Methods (check which method(s) are being implemented) a Burial three feet beneath the surface of the ground within 24 hours after knowledge of the death. The burial must be at least 300 feet from any flowing stream or public body of water. .x Rendering at a rendering plant licensed under G.S. 106-168.7 D Complete incineration ❑ In the case of dead poultry only, placing in a disposal pit of a size and design approved by the Department of Agriculture D Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal health. (Written approval' of the State Veterinarian must be attached) NAME OF.LANDOWNER E TECHNICAL. SPECIALIST DATE December 18, 1996 I I lw G SECTION ELEVEN EMERGENCY ACTION PLAN 4 EMERGENCY ACTION PLAN This plan will be implemented in, the event that wastes from your operation are leaking, overflowing, or running off the site. You should NOT wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be available to all employees at the facility, as accidents, leaks, and breaks could happen at any time. Your Emergency Action. Plan is as follows: I. Stop the release of wastes. Depending on the situation, this may not be possible. i Suggested responses to problems are listed below: a. Lagoon overflow - possible solutions are: > Add soil to berm to increase elevation of dam > Pump wastes to fields at an acceptable rate > Stop all additional flow to the lagoon (waterers) > Call a pumping contractor > Make sure no surface water is entering the lagoon NOTE: These activities should be started when your lagoon level has exceeded the temporary storage level. b. Runoff from waste application field - actions include: > Immediately stop waste application > Create a temporary diversion or berm to contain the waste on the field > Incorporate waste to reduce further runoff c. Leakage from the waste distribution system: > Pipes and sprinklers -actions include: -stop recycle (flushing system) pump 4 . -stop irrigation pump -close valves to eliminate fuuther discharge -separate pipes to create an air gap and stop flow > Flush system, houses, solids separators -actions include: -stop recycle (flushing system) pump -stop irrigation pump -make sure no siphon effect has been created -separate pipes to create an air gap and stop flow Emergency Action Plan Page -2- d. Leakage from base or sidewall of lagoon. Often these are seepage as opposed to flowing leaks -possible action*: > Dig a small well or ditch to catch all seepage, put in a submersible pump, and pump back into lagoon. > If holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil • Other holes may be likewise temporarily plugged with clay soil *Lagoon problems require the consultation of an individual experienced in the design and installation of lagoons for permanent repair measures. 2. Assess the extent of the spill and note any obvious damages. a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration? c. Any damage noted, such as employee injury, fish kills, or property damage? Contact appropriate agencies. The numbers are listed below: a. During normal business hours, call your DWQ (formerly DEM) regional office (910) 395 -3900, Emergency number: (919) 733-3942. Your phone call should include: your name, facility, telephone number, the details of the incident from item 2 above, the exact location of the facility, and the location or direction of movement of the spill, weather and wind conditions, what corrective measures have been under taken, and the seriousness of the situation. b. If spill leaves property or enters surface waters, call local EMS (910) 259-1210 or 911. c. Instruct EMS to contact local Health Department (910) 259-1233. ` d. Contact CES (910) 259-1235, and local SWCD and MRCS office (9-14).259- 4305 for adviceltechnical assistance. e. Contact your swine company �S 12.973/ 4. Implement procedures as advised by DEM and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. im1 ~'Alt s7.pp1• �o\� , bn 101 it �'C I'--YM.-7 _ ,.'!1 � .D•I _- V � _1i ��I-J � �i Imo, r. a- .' •L11 � � �T• Jl mv-; rv,Ia l' wpWVJif- CAM I rmi l LLII 4 r� � �• a nr i•#';� " fit <4 • � �'.I L n'[ I[ I u .Pou^`°'J � r � � '• ITi 4. 5• •' r ` w141pL • iTi '[tr n �(erl •1 ;� r •IL' Srt i R iT[i tirt `1 a %'��� r•u � r. ' iT �` i .�j• f , E , `� nei rtrY r [ y� � L 'air [[Lt • % jai-[. •: I TfR I t 4 fiil s'/t 1'r P—m 4—.4 :•1 IRl i 16ii - 1 y ` G t t, r ! f 7W t TiTI [' N •ot1 arr on it, tj[, pt • 1 � IT + it, litl :y - y I, �\ iti MT lei rw.M zr o r.T, oi'� '�tt ITi • C\ ! oar. Ii it i ' aTl r.0 ' i. I[t /• --•-_---� 1 � •,` In 7C[7 [Ctl [ISI rtil �. • • �[^l�ia 30,1 r P,.Jj. , jo . * f} o , r r Tui l L �� ..IiL :�} j 1 �; ' • [ spu..+5 io% f-` ✓ 1 } 1 16d; rai, wt'i [rri±' /' a [^ Pb-, V 651-1 �• C���I •��- � all Tblll 'S� GL �Hi 9 P�' 1• ' 1 RECE/VCO OPERATION AND MAINTENANCE PLAN '~`wu^LIT �AQ�� w '�^� ` ThIs IS for waste treatmant with minimum'Tch .contro|. The time requirad for the p|�nned f|uid 1eve| to be —^°"� ' re�ched may vur� due to soi| conditions,f|ushin3 mperations, and the amount of fresh water adi:1ed to the system. Lan� app|ication of waste water is recognized as an acce�tab|e method of disposa|. Methods of app|icatiwm incude so|id set, centpr pi�ot, �unsv and trave|in8 Sun irri8ation. Care shou|d be takeo wheo app|yin3 fid or dama3e to crops. The fo||owin8 items are to be carried out: 1. It �s stron8|y recommended that the treatment |a3oon be pre - charged to 1/2 its capacity to prevent excess\vm odors durim8 start - up. Pre-char3in3 reduces the co*centration of the initia| waste enterin3 the |a800n thereby reducin3 odors. So|ids shou|d be covered with eff|uent at a|| times. 2. The attached waste uti|izatioo p|an �ha|| be fo||owed. This p}ao recommends samp|in3 and testin8 of waste (aee Attachment 8) before |anU a p|ication. 3. Be3�n urn p-uut uf the |a3oon when f|ui'd |eve| reaches e|eva - marked hy permanent markers. Stop pump - out when the f|uid leve| reac; .1es e|evation w or before f|uid depth is |ess than 6 feet deep (this �revents the |oss of favorab|e ba::te/ia) , 4. Thm recommended maximum amount to app|y per irri3ation is onc_� (1) ioch and the recummended maximum app|ication rate is 0.4 inch por hour,. 5. Keep veSetation on the embamkment and areas adJacent to the |aUoon mowed annua| |y. VeSetat|d he fertilized as needed to mair a vi3orous stand. 6. Repair any eroded areas nr areas damaged by rodents and estab|isb in ve8etati^n. T. A)I surface ruooff is to be diverted from the 1a800n to stab|e out|ets. 8. The C|eao Wat,er Act of 1977 prohibits tha dischar8e of po||utaots into waf the United States. The Department of Environment, Hea|th, od Natura| Resources° Division of Environ- menta| Mana8ement, has the res�ons��i|ity for enforcin8 this |aw. Operator:====================aa=zzaaaaa=a=a=>Strickland, halter County:===========a=a===zzzz=a===ass====za==>Pender Dist. to nearest residence(other than owner): ft. sows (farrow t0 finish}:aa=aaaaa=zaaa=aaaaaa> •SOWS (farrow to feeder):a=aaaaaaaa=aaa=aaaaa> head (finishing only):====zzaaaaaa==zzzzaao=> 4200 sows (farrow to wean):a=a===aaaaa===a==aaaaa> J ` 'head (wean to feeder):====a=aaa=aaaz=a=aaaaa> I ( ( � 7 '=, l \-.%- "\ Ave. Live Weight for other operations(lbs.):> Storage volume for sludge accum. (cu. ft.):=> `( Treatment Volume (min. 1 cu. ft./lb.):======> 1.0 25 Year - 24 Hour Rainfall (in.):==a=====___> 8 Rainfall in excess of evaporation O n.)===_=> 7.0 Drainage area of buildings & lots (sq. ft.):> Volume of wash water (gallons/day)aaaa=aaaaz> Temporary storage period (days):aaaa====—==> 180. Freeboard (ft.):===asap===a=aaaaa=aa==aaaaaa> 1 Side slopes (inside lagoon):aaaaaaaa=aaaaaaa> 2.5 : 1 Inside top length (ft.):=aaaaaaaa=aaa=aaaaaa> 492 Inside top width (ft.);=====aaa=aaaa===,a==_y 397.5 Top of dike elevation (ft.):aaaaa===a=zaaaaa> 50 Bottom of lagoon elevation (ft.):=—==a —> 39.7 Seasonal high water table(SHIIT) elev.(ft.):=> Total required volume:a=aaa=zzecaao>'r`,949928'cu; ft:' Actual design vo{ ;azzazcaaaa`ae Qi1594204.8 cu.'ft Stop pumping el. (>-or-t to 0.0�ft SHUT" 45.1 ft. (> or = to 45.7 ft Min) Required minimum treatment volume: 567000 cu. ft. Volume at stop pumping elevation: 987063 cu. ft. Start pumping elev.:===_____________________> 48.3 ft. Volume at start pumping elevation: 1461476 cu. ft. Actual volume less 25yr-24hr rain: 1463825 cu. ft. NOTE: Verify that temp. storage is adequate: Req, volume to be pumped:==— 252548 cu. ft. Actual volume to be pumped:==> 474413 cu. ft. M QA -A cr,d Spa,•,��•- 4`7 0nar' Zit 41 1#v A;".; 'v , At. :P. !firip -.-c . . . . . . 'A A 4, B all a N3 SIP nt 11J SAW. low. AL 40, Its 02 Sheetl Nutrient Management Plan Producer: Address: Telephone #: Facility #: Farm Location: l 'AW 1 41993 Walter Strickland 3000 Lamb Road, Willard, NC 28478 285-4059 (shop) 71-12 Tatetown Farm NC 11 at Tatetown, approx. 2 miles from intersection Hwy 11 S Willard Rd Type Operation: feeder to finish TABLE 1 Calculations based on animal units with waste applied by irrigation. type production animal units s (AU) Ibs N/year gals./year sludge N/yr wean to feeder 0 0 0 0 feeder to finish 4,200 9,660 3,893,400 1,512 farrow to wean 0 0 0 0 farrow to feeder 0 0 0 0 farrow to finish 0 0 0 0 Total N per year 9,660 Total gallons waste/year 3,893,400 ac-in/year 143.38 Total N from sludge/year 1,512 The waste from this swine unit must be applied at specified rates to prevent pollution of surface and/or groundwater. These rates are based on soil types of the land to be irrigated, the RYE's of the soil, and the PAN required to efficiently grow the crops in the fields where waste is applied. This Nutrient Management Plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are required so that all plant nutrient requirements can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing this plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Factors included are: a. Always apply waste based on crop needs and the nutrient content of the waste. b. Do not over apply nitrogen. c. Soil types are important because of different infiltration rates, leaching potentials, cation exchange capacities, and water holding capacities. d. Do not apply waste on saturated soils, when it is raining, or when the ground is frozen either of which could lead to surface runoff. e. Consider wind conditions to avoid drift and down wind odor problems. f. Waste can only be applied to actively growing crops or not more than 30 days prior to planting a crop or to forages breaking dormancy. This plan is based on waste being applied using irrigation. If the application method is changed, this plan will have to be revised because nutrient content varies depending on how it is applied. The estimated acres needed to apply the waste as described above is based on average analyses for this type facility. Actual acreage requirements should be based on the waste analysis report from your facility. This nutrient management plan, if followed, meets the requirements for compliance with 15A NCAC 2H.0217 as adopted by the Environmental Management Commission. Page 1 Sheetl TABLE 2 RYE's of grain crops are in bushels/acre and forages in tonslacre. field # acres corn/grain wheat rye soybeans fescue hay 1 10.9 120 50 1 40 2 8.82 120 50 1 40 4 8.85 120 50 1 40 5 7.67 120 50 1 40 6 9 120 50 1 40 1,tract 1646 1.3 120 50 1 40 4.5 PAN/unit 1.25 2.4 50 4 50 field # tract # soil type total acres residual N/acre 1,2,4,5,6 6718 Liddell 45.24 15 lbs total residual N fields 1,2,4,5,E = 678.6 Ibs 1 1646 Liddell Irrigation scheduling and nitrogen balance tract #s 6718 6718 6718 1646 field #s 1,2,4,5,6 1,2,4,5,E 1,2,4,5,E 1 com/wheat wheat/beans cover -crop fescue year 1 year 2 rye,year 2 hay January February 1,085 49 March 1,527 1,085 49 April 1,527 49 May 1,527 June 1,527 1,810 July 1,810 August 1,810 September 1,810 49 October 1,087 49 November 1,087 1,131 49 December 1,087 1,131 N use/year 9,368 9,408 293 Nitrogen balance yr 1 0 Ibs/year N Balance, year 2 -40 Ibs/year NOTE: If cover crop rye is used, the N applied to the following corn crop must t be reduced by the amount applied to the rye. NOTE: The acres li ted in Table 2 were determined by (please mark appropriate box) one of the following methods: yj using 70% of available acreage, or [ ] using measurements and calculations found on the irrigation design worksheet. This accounts for 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 field are most likely more than those shown in table 2. Page 2 Sheet1 The nitrogen balance shown in table 2 should be equal to or less than 0 to Fully utilize the nutrients produced by the swine production on this farm. To produce crops at the RYE's shown may require the use of commercial fertilizer to balance fertilization rates in crop rotations. This farm is producing 9660 lbs. of nitrogen per year in the waste water and 1,512 lbs. of nitrogen accumulates annually as sludge. To land apply the liquid portion in an acceptable manner requires the irrigation system to pump and spread 3,893,400 total gallons annually. This involves spreading 143.38 acre -inches per year over 46.54 total acres, or an average of 3.08 inches is to be applied, on average, to each acre irrigated. Table 3 Irrigation Calendar, Monthly Nitrogen Application in Lbs/Acre tract #s 6718 6718 6718 1646 field #s 1,2,4,5,6 1,2,4,5,E 1,2,4,5,E 1 corn/wheat wheat/beans cover -crop fescue year 1 year 2 rye,year 2 hay January February 24.02 37.50 March 33.75 24.02 37.50 April 33.75 37.50 May 33.75 June 33.75 40.00 July 40.00 August 40.00 September 40.00 37.50 October 24.02 37.50 November 24.02 25.00 37.50 December 24.02 25.00 N/acre/year 207.07 208.05 50.00 225.00 Table 4 Irrigation Calendar, Monthly Application Rate, Inches/Acre (Based on this farms 67.37 lbs N/ac-in) tract #s 6718 6718 6718 1646 field #s 1,2,4,5,6 1,2,4,5,E 1,2,4,5,6 1 com/wheat wheat/beans cover -crop fescue year 1 year 2 rye, year 2 hay January February 0.36 0.56 March 0.50 0.36 0.56 April 0.50 0.56 May 0.50 June 0.50 0.59 July 0.59 August 0.59 September 0.59 0.56 October 0.36 0.56 November 0.36 0.55 0.56 December 0.36 0.55 Inches/acre/yr 3.07 3.09 1.11 3.34 Page 3 Sheet1 Summary and recommendations 1. Total PAN produced per year (based on land application with irrigation) that must be accounted For in this cropping system equals: 9,660 lbs/year. 2. Total PAN produced per year as SLUDGE and that must be periodically land applied (based on application with irrigation) equals 1,512 lbs/year. 3. The production totals in 1 and 2 above are based on averages and this farms actual land requirements should be based on waste analysis reports. 4. Totals gallons of waste produced is equal to 3,893,400 gallonslyear for a total of 143.38 acre -inches per year. This requires the correct equipment and that it be applied in a timely manner. 5. This farm produces 9,660 Ibs of Nitrogen in liquid waste and 1,512 Ibs in the sludge annually for an annual production rate of 11,172 Ibs of N/yr. 6. This plan reflects a 15 lb/acre reduction in N applied to corn following soybeans to account for residual Nitrogen from the beans. Crop cycle total Nitrogen application rates per acre for use in block B on form IRR 2's. field #s corn wheat soybeans rye fescue hay 1,2,4,5,E 135 120 160 T 1646, field 1 225 1,2,4,5,6 if cover crop rye 85 120 160 is grown NOTE: The recommended application rate is 0.4 inches/hour. 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'''�'s`t �r,�r''q� t x j {:� � �!, ram•' S � - 441� r �`�,Y ;A ^� �R, 7�y�"� {�t:,�i' " 4 y,H • SY� �`f yF! r y ff, r „rny } •k 1 � r '+}t,,1 r�. S s y/ 1 /! >Z� + d�� w 4�.r?T ' `fy��Ft �, t . y ,•'f. v s�`'�Y s 'Y � ft t4•x.. �F „r�+ar �} a c , y,'p'.7 i r� 3• LS 6•d dr�?' + yry Y t L id' ybrhf � �r•�L���.�, J. `tif�far� �{ir ,-+tiA�+� .� �,�+._s�� '�Gh ���'i�'�+�t :i-� � �G�4 � j�` ��� c , ( r;�, µr � � l• Y~ ,, ,• ti jam\ w, N� j 4 try'• :{ +, � �., . / rrr - ffnt t••�Iy i�„),' + .1 -7.Y2 •'.r .•'. _�•r IN rAs' 1 1 •a'r r Av ytt,+yr �}. • t• tits t r " ?:' �� st l e E y/'�,` i'�. 'i+` {x��a 17 rl !'s ry'r, Y'.: � �l; rh.rex�'3',�=;�G�� � ,'-{,� •+r•, � �-'� f - ., ;i. / ` .,��� t +^' 4' � { 1, • '� + ; �T �. 1, af ? 1.. •: 4:7� •' ✓5t., •r' J 't -�C 'r '.r r'irrf+e�1 'f•�;1 ( r ► Tv ti. {1 �f 1i s i:�yr+�'� iL:w.`��i �'�tiii:rr y'^;� ��°��� �a� .� ,1..'L+Sf"�'a Y�.:. ��,E�1;���!,T•, t`.��' '. v1�,„ .5 �� r►'r L�s,Ly's� da. tr r['�. � [; ✓..� ). ' r w y3 eft � i* � �rii � r �� rs;F 1. ^�. '^3 �r !ty �• ' T�' :��1, �,'' 1,�r'� y L'_"~i �, 1 � M J F��"`•• 'Fr :p ?t "`. h sr,� y �E �`,q#;,,;��i''.cr�} �4. •' � , ;�k;�ti a �y i��u� n ��,' r � •rt 6��,:�", s K .s.' s. N by j' •Y' tFu^,+ �i h r-.-. y i - iF 74. �"� .4 11t� L�.7iL Y� � If e 4 d ii �. fi�• �- � -- `i'y � y � d t y �. i�`�•''... �'-'" 4' ►' +iM 'w �ir ' `.4}. 1al ,'r� ��is" `n'���5' " ' Y,� ' � s r iy +,fs,�r .a' .''�+,s,,0.�-�-1'�, .J h J @�y,��tit�„ 1,f�i 't Gi �'t' �)�, r��y1 i5 -°• ii., 3+� f �.c:,rr3{ � y.fl `� �� t'.a.��..xr .'���y�ws�..'�c+_'4.�.ri5-d:+�..�Je✓.�. _ ��RR'i':'.r��J..:1�7R': `.,1�4. i.-,.-� Z`.�.._'^ yy T y i Y 17, � �:' a� a �[s 'tom ';' •Y - s r r ��, r�'�y: . 1�Y , r �t������1� f'S-h:7�Y�'YS' 1� •* L'�,�/1�{�`'r r` 4�� � ' �� . 5�^1 � .« 770 ir Al 'WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 1. Animal waste shall;not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or • direct discharge during operation or land application. Any discharge of -.waste which reaches surface water is prohibited. 2. There must be+documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own'adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application., It is -the responsibility of the owner of the facility to secure an update of the:Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of-�utilization,-or'available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture; historical data, climatic conditions, and level of management, unless there -are regulations that restrict the rate of application for other nutrients. 4. Animal waste'shall:%be"'applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at­5'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 tlie' waste or disking •after 4` waste application.' Waste should not -be 'appliddwhen there is danger of drift fromjthe ,i•rrigation 'fi'eld. 6.• When -animal: waste is to be applied on acres subject to - flooding, it ;will be','soil incorporated on' conventionally tilled cropland. When applied'to conservation'tilled crops or' grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate'in=•North-.Carolina" for guidance.) 7. Liquid waste shall be applied at'�rates'not".to''exceed�the'soil infiltration rate such that runoff does not occur offsite or to surface watersNand-in a"method which`does not cause 'dr ift'from the' site during application: No ponding should occur, �in,-order to 'control- odor or • flies: " ' -Animal waste shall not--" be- applied to saturated soils, ' during rainfall events,, " or' when'the surface is frozen. 9. Animal waste shall be applied on'.activelygrowing crops,in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. Page: 8 WASTE -UTILIZATION PLAN REQUIRED SPECIFICATIONS 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following:. The outer perimeter of the land area onto which waste is applied from'a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from,any perennial stream.or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1,'1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 -.Filter Strips). ' 12. Animal waste shall not be applied closer than 100•feet•to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than.those owned by the landowner;-.. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways.. 15. Animal waste'shail not be discharged into surface waters, drainageways, or wetlands•by a discharge or by.over-spraying. Animal waste'may be applied -to prior converted cropland provided they have been approved as a..land application site by -a "technical specialist". Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at .- agronomic rates in a.manner that causes no runoff or drift from the site. 16. Domestic and industrial•waste from washdown facilities, showers, toilets, sinks, etc., shall not be,discharged into the animal waste management.,system. 17. A.protective, cover1.of 'appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as'necessary, to, protect the vegetation. Vegetation such as trees, shrubs, and other woody species,,etc., are limited to areas where considered appropriate. Lagoon ;areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and • implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied prepiant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be. monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. Page: 10 EXH®IT D-1 n :�C IRRIGATION SYSTEM DESIGN PARAMETERS Lrndowaer/OperatorHame:C 1 County: Address: q Date: -7-30 - I Telephone: TABLE 1 -Field Specifications (-_� 1 1'. gj 62- C*-V� � Cc Approshnate Uwable She *rField �. per Irrigation Cycle ,..- - -. _. • l See attached Wrap. hotel field acreage minus required buffer an:as. 3Refer to N. C. Irrigation Guide, Field Office Technical Guide, Section 11 G. Annual application must not exceed the agronomic rates for the soil and crop used. I HAVE READ THE PARAMETERS ON THIS WORKSHEET AND UNDERSTAND THAT WASTE WATER WILL BE APPLIED AT THE RATE AND MAXIMUM AMOUNTS INDICATED. NRCS,NC JUNE, 1996 • 1 NAME DATE �f i lAndowner/Operstor Name: Addresr. Telephone: TABLE 1 - Field Specifications IRRIGATION SYSTEM DESIGN PARAMETERS County; Date: EXH rr D-1 #, A N Approximate Maximiun Useable SEW of FIM2 � C—) . �. ,. ISce attached map. 2Total field acreage minus required buffer areas 3Refer to N. C. Irrigation Guide, Field Office Technical Guide, Section II G. Annual application roust not exceed the agronomic rates for the soil and crop used. I HAVE READ THE PARAMETERS ON THIS WORKSHEET AND UNDERSTAND THAT WASTE WATER WILL BE APPLIED AT THE RATE AND MAXIMUM AMOUNTS INDICATED. NRCS,NC NNE, 1996 NAME n n r r -4s s 1-anah 1 Z Waste Application Records Your irrigation records consist of two forms. one form is for your use in the field to record any irrigation event on any field. This form mAy include irrigation events on several fields on several different dates. -Under the sprinkler nozzle section are several headings. If you know the diameter of the'sprinkler nozzle and the pressure at the nozzle, yoq can use the tables in the calibration section of this book to obtain flow rate in gallons per minute. The second form is your permanent record form for each individual field for a period of one year. You may wish to subcode each field number to correspond with a sprinkler set if you are using a permanent irrigation system. Many times you may irrigate only a portion of the field. if so, one could have field 1A, 1B, 1C, etc. The permanent cumulative record could be used for -each sprinkler set as mentioned- above so that the acres column would be correct for the portion irrigated rather than :.he acres for the entire field. -If one uses a traveler system, then coding each hydrant or pull position such as 1A, 1B, 1C, etc. would be useful. FORM IRRA Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner Faciiity Number - Irrigation Operator Ar.V •.e— Field Irrigation Time Number of r FORM IRR-2 Tract 0 Field Size (acres) - (Aj Farm Owner Owners Address Owner's Phone p Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Field p Facility Humber 1. 1 - Irrigation Operator irrigation operatoes Address Operator`s Pirono # From Waste Utlkatlon plan Gop T"m fReooanvWed PM loaft wane) ■ IB} fit to rsi (AtM rat nr re1 191 nos rill W... Mom Crop cycle Totals ( i Owners Signature Certified Operator (Print) Operators Signature Oper aloes Certification No. . l NCDA Waste Ansylysis or Equivalent or MRCS Estimate, Technical Guide Section 633. Enter the value received by subtracting column (10) from (8). Conllnue subtracting column (10) front column (11) following each inligalion event. State of North Carolina Department of Environment, Health and Natural Resources 4 • Wilmington Aegional Office Division of Water Quality James B. Hunt, Jr., Governor E) E Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 29, 1997 Mr. Walter Strickland Tate Town Farm 3000 Lamb Road Willard, North Carolina 28478 Subject: Notice of Violation Tate Town Farm 71-12 Pender County Dear Mr. Strickland: You are hereby notified that Tate Town Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been found to be in violation of its 2H .0217 Permit. On March 6, 1997, staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed that wastewater was present in field ditches adjacent to'spray fields indicating a past discharge. While no discharge of waste was observed to waters of the state at the time of inspection, any rainfall event could likely result in the discharge of waste from the ditch. As was discussed at the time of the inspection, extreme.care should be taken to ensure that runoff does not occur during waste application. Using proper buffers and shorter spray runs will reduce the risk of future runoff. The waste present in the ditch should be blocked to prevent possible discharge and the waste should be pumped back into the spray fields. The Division of Water Quality may proceed to revoke Tate Town Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater and/or list actions to correct the noted violation. 2. Make any modifications needed to ensure there will be no future discharges. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 • Fax 910-350.2004 An Equal Opportunity Affirmative Action Employer 4 'P 057, 082 819 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. LOV i Do not use for Internallonal Mail See reverse o , D �Z Certified Fee Special Defivery Fee Restricted Delivery Fee m Return Receipt Showing to C/ Whom r!< Date Delivered / -a m Whom, Q A P $ a �019 N1'�•\` A Walter Strickland Page 2 Division of Water Quality Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 To remain a deemed permitted facility, all corrective actions must be made within fourteen (14) days. Failure to do so may result in the facility losing it's deemed permitted status, requiring a certified waste management plan and certification form for the facility to be submitted prior to the December 31, 1997 deadline, and being required to obtain an individual nondischarge permit for the facility. Failure to comply with the above conditions will cause the existing animal waste management system serving your animal operation to be considered in operation without a permit as required by North Carolina General Statute 143-215.1. Please be advised that this assessment does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. When the required corrective actions are complete, please notify this office in writing at the address above. If you have any questions concerning this matter, please call Mr. David Holsinger at 910-395-3900. Sincerely, C- Spiv �r Rick Shiver, P.G. Regional Supervisor attachments cc: Jason Turner, County Soil and Water Conservation Brian Gannon, NC DSWC DWQ Operations Branch File Wilmington Files S A WQSIANDYAIENFORCE171-12.NOV 10 Routine Q Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other Date of Inspection 3/6197 Facility Number 71 12 Time of Inspection I3:00 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status:Rcgiatuxd......................................................................... (ea:1.25 for 1 hr 15 min)) Spent on Review 3.5 or Insperlion (includes travel and processing) FarmName: Tate.TQ.wxL.arvL........................................................................................... County: l railer................................................ .iRQ......... OwnerName: W..ahCr.................................. skickluld ................................................. Phone No: 285-4059 ................................................................... MailingAddress: 3000..Lim.Rd..................................................................................... WRIArd.AC ........................................................... 2847.8.............. OnsiteRepresentative: M&e,.11 (?b ey............................................................................... Integrator:....................................................................................... Certified Operator: Mi. e1.R............................. Uabky...................... ........................ Operator Certification Number:17.Q0�.......................... Location of Farm: Latitude 34 • 26 24 u Longitude F 78 • 30 5 u 10 Not Opera Date Last Operated: ................................................................................................».........................._............................. general 1. Are there any buffers that need maintenance/unprovement? ❑ Yes ® No 2. Is any discharge observed from any part of the operation? a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (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) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenancefunprovement? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes No ® Yes ❑ No 6. Is facility not in compliance with any applicable setback criteria? © Yes ® No 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/l/97)? jl Yes ® No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes 0 No Structures _(Lag oona,andlor.Holdin Fonda). 9. Is structural freeboard less than adequate? ❑ Yes 9 No Freeboard (ft): Lagoon I Lagoon 2 Lagoon 3 Lagoon 4 .................116.............................................................................................. ...................................... 10. Is seepage observed from any of the structures? ❑ Yes ® No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ® No 12. Do any of the structures need maintenancefimprovement? ® Yes ❑ No (If any of questions 9-12 was answered yea, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? 19 Yes ❑ No Waste Avulication 14. Is there physical evidence of over application? ® Yes' ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ...............................nice- c........................................................................................................ 16. Do the active crops differ with those designated in the Animal Waste Management Plan? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? © Yes ®No 18. Does the cover crop need improvement? ❑ Yes ®No 19. Is there a lack of available irrigation equipment? ❑ Yes H No For Certified Facilities,Oniv 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? ❑ Yes ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No 23. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 24. Did Reviewer/inspector fail to discuss review/mspection with owner or operator in charge? ❑ Yes r] No 3./14. Spray waste had pooled in grass waterway of irrigation fields and was present in field ditches, indicating a past discharge. Water + quality samples were taken. 5. Erosion channels around some of the field hydrants provide a pathway for waste to enter an adjacent field ditch. This situation needs to e corrected. 12. A berm needs to be built up around the lagoon header to prevent discharge of waste into an adjacent ditch. 13. No lagoon level marker was present. 16. and 20.- 24. were left blank because this operation is not a certified facility. ------------------------------------------------------------------------ Reviewer/Inspector Name Reviewer/Inspector Signature: -7 `""A G� v �- a �r� r-1 y ri S (,,,A O� Ors-Y,-L l � ,•;'7 � ,11 �1 ti0 �' 1 La2AISD:,q: N • � r CONSULTING CHEMISTS Date Sampled: Sampled By: Report To: Copy To: i T�O w N) Environmental Chemists, Inc. MAILING ADDRESS: P.O. Box 1037 Wrightsville Beach, North Carolina 28480 TELEPHONE: (910) 256-3934 (Office) (910) 392-0223 (Lab) (910) 392-4424 (Fax) REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 03/06/97 client Rick Shiver Andy Helminger SHIPPING ADDRESS: 6602 Windmill Way Wilmington, North Carolina 28Q5 MAR 18 1997 BY: Date of Report: Purchase Order #: Report Number: March 18, 1997 7-0585 PARAMETER #1 1364 #2 1365 #3 1366 Fecal Conform, col/100ml 6000 25000 - Nitrate + Nitrite Nitrogen, NO3 + NO,-N mg/L - - 1.95 Ammonia Nitrogen, NH9-N, mg/L - - 145 Total Kjeldahi Nitrogen, TKN mgtL - - 174 Total Phosphorus, P mgtL 37.1 Eevrochem L SamDle Tvne• Infl ENVIRONMENTAL CHEMISTS, INC Sample Collection and. -Chain of Custody L Well. t Stream.Soil. Other: 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX; (910) 392-4244 SAMPLE IDENTIFICATION COLLECTION BOTTLE ID LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE []zSqj BNO, Naon TRIO OTHER z- 3 S Z_ l 3G ✓ ,c�� k 3/16 o 13 GG `G✓ c� Maximum holding Time Between Collection and Analysis: BOD 48 Hours, Coliform in Wastewater 6 flours, Coliform in Drinking Water 30 Hours, Transfer Relinquished By: Date/Time Received By: Date/Time 7 3O 2 -ieceived with Ice Water Chi d t 4°C:_ Yes No A c pte Rejected: Delivered By: Received By: Date: Time;% Comments: 0 If MAAR 18 1997 Environmental ;heMiStSmists, nce envirochem MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: CONSULTING P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way CHEMISTS Wrightsville Beach, (910) 392-0223 (Lab) Wilmington, North Carolina 28M (910) 392-4424 (Fax) North Carolina 28405 REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Date Sampled: 03/06/97 Date of Report: Sampled By: client Purchase Order #: Report To: Copy To: Rick Shiver Andy Helminger Report Number: March 18, 1997 7-0595 PARAMETER #1 1364 02 1365 #3 1366 Fecal Colitorm, col/100m1 6000 25000 - Nitrate + Nitrite Nitrogen, NO3 + NO2 -N mg[L - - 1.95 Ammonia Nitrogen, NH, N, mg/L - - 145 Total Kjeldahl Nitrogen, TKN mgAL - - 174 Total Phos horas, P EF&- - 37.1 Poo"' ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way " - f Wilmington, NC 28405 ® Sample Collection and Chain of Custody Phone: (910) 392-0223 FAX: (910) 392-4244 .liens rr — m le T : Influb L Effl" en Well Stream it Other: SAMPLE IDENTIFICATION COLLECTION BOTTLE ID LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE 1,1176S701HNO, NaOH THIO OTHER Fermi 3 ✓ cc�� t o t �. {�3G ! 3 GG ✓ ���✓+c Maximum Holding Time Between Collection and Analysis: BOD 48119ur% Coliform in Wastewater 611our9, Coliform in Drinking Water 30 Hours, : Transfer Relinquished By: Date/Time Received By: Date/Time 7 3O 2 Received with Ice Water Chffled tEn 4°Cw Yes_ t✓! No A c pt : I1 Rejected: � Delivered By: Received ay: Date: Time: �Y%36 Comments: ' Eevirr'o­i:chem Sample Tyne: _Infl ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody_ W ell.LStream,-'�Soil. Other: 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4244 SAMPLE IDENTIFICATION COLLECTION BOTTLE iD LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE Mso' I HNO, I NaOH TH10 I OTHER -3 ( 3c� ✓ iL�� LAr Maximum Holding Time Between Collection and Analysis: BOD 48 Hours, Coliform in Wastewater 6 Hours, Coliform in Drinking Water 30 Hours, Transfer Relinquished By: Date/Time Received By: Date/Time 7 3O .n 2 ?4ectrived with Ice Water Chilled t 4°C:- Yes No 4Ac pte : Rejected:tlelivered By: Received 13y: -�..Date: Time: % Site Requires Immediate Attention: i Facility No. - 71 DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE:- , 1995 Time: LD t oO Farm Name/Owner: .� 01ifer. Sfitck la -Al Mailing Address: R-�3_ County, -gym e-r Integrator: ,� �F _ .. _ _ Phone: On Site Representative: Phone: !?jD Physical Address/Location: �� :5dgc 6 s7e . ono r - 3,�2 _PAde I3 v Type of Operation: Swine _ Poultry Cattle '— cr %n LSh I Design Capacity. Number of Animals on Site: �l `fy DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude:—*—'—" Elevation:- Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Qe or No Actual Freeboard: ,Ft. Inches Was any seepage observed from the lagoon(s)? Yes o Was any erosion observed? Yes or Is adequate land available for spray? Qe or No Is the cover crop adequate? �§e or No Crop(s) being utilized:. Does the facility meet SCS minimum setback criteria? .200 Feet from Dwellings?or No 100 Feet from Wells?�s or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes o No Is animal wasteland applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes o Nd Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes og If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Q or No Inspector Name Signature ":f—. cc: Facility Assessment Unit ' Use Attachments if Needed. State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Walter Strickland Tate Town Farm 3000 Lamb Rd. Willard NC 28478 SUBJECT: Operator In Charge Designation Facility: Tate Town Farm Facility ID#: 71-12 Pender County Dear Mr. Strickland: t � o AdMhMd EDF—=HNF;Z Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincere] , A. Preston Howard, Jr., E., Director Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, C� Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS' '''`' Department of Environment, Health and Natural Res urces'+V Division of Environmental Management Water Quality Section If the animal waste management system for your feedlot operat-i.an'-is;.- designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine„ 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then.this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217(c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: 7aAe- Town Mailing Address: 30G4cb. Ks.=h Rd.{+h1_/are�.�-�/G,., -- -- -- ZIP847A County: Ps,.+del_ Phone No. fle- zaf-44sp Owner(s) Name: Ndl�ar- .Si.o -o.k/d.,d Manaa.er(s) Name: W"1t6r St�,�k�4nd Lessee Name: Farm Location (Be as -specific as possible: road names, direction, milepost, etc..) 19 -vdss N. _ of Pa�dtr-/c+: NG On ��� 3o✓�h a.al[ 40� Latitude/Longitude if known: Design capacity of animal waste management system (Number and type of confined animal (s)) Vzoo A,;,,rhpna N.as Average animal population on the farm (Number ,and type of animal (s) raised)': �fzoo F�.sA.hJ, Raor Year Production Began: /990 ASCS Tract No.: 6718 Type of Waste .Management System Used: Aner40 1. Laa0001 Acres Available for - Land Application of.,was77 Owner(s) Signature (s) Q1 �1t�11�G DATE: DATE: REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS Department of Environment, Health and Natural Re6ourc.es Division of Environmental Management [� Water Quality Section If the animal waste management system for your feedlot ope�,at,ion is... designed to serve .more than or equal to 100 head of catt--67"19- horses, 250 swine,:1,000 sheep, or 30,000 birds that are served by a liquid waste system, then -this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name • X f -P7 Farms .[,rc.. Mailing Address: "Ifcr S*r,c.k/anc/ jooz0 L.,...,b Rd. W,11-rid . /✓G ZIP ZOV76 County: Prnder Phone No. Vo - zk$r- Aj�7w; Owner (s) Name: A&IA sr _-PA-O�A'14r7s_ Manaa.er (s) Name: AVXe. ell* 6/f, Lessee Name: Farm Location (Be as specific as possible: road names, direction, milepost, etc...) _ .S rya,/es -W.� of Acndcrled- � A14 o„ I.&r. A„rf .s;de of X e. A,gnrer,rgafe/,r 302- 6"t� eFc "a road- Latitude/Longitude if known: 3y oa" 78's'3oe# Design capacity of animal waste management system (Number and type of confined animal (s) )' d Id, o f:n";4, .$ N- Average animal population on the farm (Number and type of animal (s) raised) Z,146 gs Year Production Began: 1993 ASCS Tract No.,: ZG/ Type of Waste .Management System used: L.4q•0eti Acres Available for -Land Application of •.Waste,: ' . /1 Owner (s) Signature (s) : DATE: 741_ tP REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS'" Department of Environment, Health and Natural Re,9burdes:'. Division of Environmental Management - water Quality Section I If the animal waste management sy designed to serve .more than or horses, 250 swine,.1,000 sheep, c a liquid waste system, then.this by December 31, 1993 pursuant to deemed permitted by DEM. Please Farm Name: Fa.e.•o stem for your feedlot operation is J equal to 100 head of ' cattle, ..7 r 30,000 birds that are serve by .orm must be filled out and mailed l5A NCAC 2H.0217 (c) in order to be print clearly. Mailing S0-,".k/4-d 3000 keL, ►b Rd., W. /!t.-c/ G ZIP County: a&aa6e_ _ Phone No. 9lo-2p5•1�4U Owner (s) Name: /f-cr- SA- Za,�/Aad Manager(s) Name: Lessee Name: Farm Location (Be as -specific as possible: road names, direction,, mi lepost, etc .) •S /n//a S. E of. 6ya.Ma , Zy - an f � n.•- _ r ass _ y•F S.Q. 4310 /too vee.l- gAc rL.4L. retd . Latitude/Longitude if known: 3y!,,ga, 30" 77059,001, Design capacity of animal waste management system A Number and type of confined animal (s)) : ' /,Poo 4,14-hi%;4 Ness Average animal population on the: farm (Number -and type of animal (s) raised) /POO Fini6%trr+� /yo.ss' Year Production Began: 19,r7 ASCS Tract No.: 9 Type of waste .Management System Used: l�nerob;G L oe� Acres Available for -Land Application of.,Waste•: - #APAr- Owners) Signatures) -�_j ! L4 DATE: St ct:, of forth Ccroiina Department of Environment, Health and Natural Resources Division of Environmentai Management James S. Hunt, Jr., Governor Jonathan S. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 18, 1994 Walter Strickland 3000 Lamb Rd. Willard NC 28478 Dear Mr. Strickland: This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31; 1993 must submit a signed certification form to DEM by December 31, 1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. We appreciate you providing us with this information. If you have any question about the new nondischarge rule, please contact David Harding at (919) 733-5083. Sincerely, /� Steve Tedder, Chief Water Quality Section P.O. Box 29535, Rdelgh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper "-ate of Igor; h Carolina ' D. epartmenr of Environment, Health and Natural Resources Di+vision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 18, 1994 Walter Strickland 3000 Lamb Rd. Willard NC 28478 Dear Mr. Strickland: 'This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC 2H .0217). By submitting this registration -you have met one of the criteria for being deemed permitted. We would like to remind you that. existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certification form to DEM by December 31, 1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. We appreciate you providing us with this information. If you have any question about the new nondischarge rule, please contact David Harding at .(919) 733-5083. Sincerely, .A/ot Steve Tedder, Chief Water Quality Section P.O. Box 29535. Raieigh, North Caolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equoi dpportun$y Affirmative Action Employer 50% recycles!/ 10% post -consumer pope State of Ccrolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 18, 1994 Walter Strickland 3000 Lamb Rd. Willard NC 28478 Dear Mr. Strickland: x� ..+.fix. .. ...,A.- nr,•Y-. CrY This.is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. 4n December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste' management systems. The goal of .the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certification form to DEM by,.December 31, 1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. We appreciate you providing us with this information. If you have any question about the new nondischarge rule, please contact David Harding at. (919) 733-5083. Sincerely, /� Steve Tedder, Chief Water Quality Section . P.O. Box 29535, Rdeigh, North Carorina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper