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710019_ENFORCEMENT_20171231
�i� NOHTH CAHOLINA Department of Environmental Qual Water Resources FNVFRQNMrNTAL OUAUTY CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9084 William F. Usher Slim's Farm 3416 South NC 903 HWY Rose Hill, NC 28458 PAT MCCRORY DONALD R. VAN DER VAART • ,S,;crcfrrll' S. JAY ZIMMERMAN May 25, 2016 Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0055 Administrative Code 15A NCAC 2T .1304 Slim's Farm 71-19, Permit No. AWS710019 Pender County Dear Mr. Usher: On February 17, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) inspected Slim's Farm and the permitted waste management system. We wish to thank you for being present and assisting 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 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. AWG 100000' ` r On February 17, 2016, DWR staff inspected the lagoon and found the freeboard level to be at seven (7) inches, which is below the designed freeboard of Twenty (20) inches. ' Violation 2: Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the failure to maintain 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. 13.e, of the Swine Waste System General Permit No. A WG 100000. Personnel at the Wilmington Regional Office (WIRO) did not receive any notification. State of North Carolina I Department of Environments] Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 William Usher 05/24/2016 71-19 Required Corrective Action for Violations: Page 2 of 2 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 June 25, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. 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 David Powell at (910) 796-7304. C� 4 7regson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-19 G:11WQ1SHAREDlAN1MALSIPENDER12016171-19NOVREF Postal Servicem F RTIFIED MAIL,. RECEIPTestic Mail Only, No insurance coverage Provided) ivery information visit our webslte at www.usps.coma OFF - r%_ postage $ O certified Fee nJ C3 _ Return Ratetpt Fee iD (Endorsement Requ¢ed) 1:3 Restricted Dellvary Fee 0 (Endorsement Required) rf 1 .0 Total Postage &Fees r1J Postmark Here II r3 �- June 24, 2016 Mr. Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, N.C. 28405 Re: William Usher— Required Corrective Action for Violation Dear Sir: RECEIVED/NCDENR/DWR JUN 2 7 2016 Water Quality Regional Operations Section Wilmington Regional Office I am writing today to provide a description of the corrective action I have taken so that there will not be another violation again and to also describe the action I took when the violation occurred. I was contacted by David Powell, Division of Water Quality in Wilmington, N.C. on February 17, 2016. When we arrived at the Slims Farm (facility 71-19), we found the lagoon at seven inches, which is unacceptable for a lagoon. I initiated a plan of action by pumping the lagoon immediately and getting it below twelve inches and contacting Jason Turner at Pender Soil and Water about a thirty -day -plan. During this time, I continued to pump it back to compliance. I take full responsibility and did not want this to happen, but I was going through bankruptcy and did not have the equipment or resources to keep the lagoon pumped. The farm has been empty for two years while I have been negotiating with the bank. I no longer own this farm so there will not be a violation by me again. I sold the farm because I do not have the resources to maintain it. The lagoon was at a legal level when it was sold. I apologize for this violation and certify to you that I no longer have anything to do with this farm. Sincerely yours, F William Usher ■ TPr VL • IDAG. 11sJtl6GlsVl1 `J "tics it s K%UVIL;w V Jls UGIOSC GVi3AUUtIUI+ `F ICC1++ll 111 HaSlal'UHs x Reason for Visit: O Routine O Complaint ollow-up O Referral O Emergency O Other O Denied Access Date of Visit: 2 ! 7 Arrival Time:1 10'(b7 Departure Time: " =� County: Region: Farm Name: Owner Name: Mailing Address: Physical Address: Facility Contact: Title: Onsite Representative: Certified Operator: Back-up Operator: Location of Farm: Latitude: Owner Email: Phone: Phone: Integrator: Certification Number: Certification Number: Longitude: Design Current Design Current Design- Cu rent Swine Capacity Pop. Wet Poultry Capacity Pop. Cattle Capacity Pop. Wean to Finish Layer Dairy Cow Wean to Feeder Non -La er I Dairy Calf Dairy Heifer Feeder to Finish Farrow to Wean Design Current Dry Cow Farrow to Feeder Dt, P.oultr, Ca acit l:o , Non -Dairy; Farrow to Finish Layers Beef Stocker Gilts Non -Layers Beef Feeder Boars Pullets Beef Brood Cow Turke s Other Turke Poults Other Other ` Discharees and Stream impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: _ a. Was the conveyance man-made? b. Did the discharge reach waters of the State? (If yes, notify DWR) c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? [:]Yes No ❑ NA ❑ NE ❑ Yes ❑ No [] NA ❑ NE 0 Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE 0 Yes ❑ No ❑ NA ❑ NE ❑ Yes G3 No ❑ NA ❑ NE Page 1 of 3 21412015 Continued Facilit Niumber: jDate of Inspection: Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? es ❑ No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? 2-'�es ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes E17No ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes [ o ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? E] Yes ❑ No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA ' [� F, maintenance or improvement? 11. is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ❑ No ❑ NA NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes ❑ No ❑ NA e NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes ❑ No ❑ NA - J NE acres determination? rNE 17. Does the facility lack adequate acreage for land application? ❑ Yes ❑ No ❑ NA E 18. Is there a lack of properly operating waste application equipment? ❑ Yes ❑ No ❑ NA )2`9E Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes 0 No ❑ NA the appropriate box. ❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements ❑Other: 21. Does record keeping need improvement? If yes, check the appropriate box below, ❑ Yes ❑ Nc ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Rainfall [:]Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rainfall Inspections 22. Did the facility fail to install and maintain a rain gauge? 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ Yes ❑ No ❑ NA '[ "E ❑ Weather Code ❑ Sludge Survey ❑ NA ErNE ❑ NA �NE Page 2 of 3 21412015 Continued Facili Number: - Date of Inspection: 'Z 7 P b 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26, Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes [] No 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? C] Yes ❑ No Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 34. Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? ❑ NA ❑" IirE ❑ NA PlE ❑ NA C <E �A ❑ NE ❑ Yes ❑ No ❑ NA 4E ❑ Yes No ❑ NA ❑ NE Yes ❑ No [DNA ❑ NE ❑ Yes ❑ No ❑ NA )EYNE [] Yes � N ❑ NA ❑ NE ❑ Yes �No ❑ NA ❑ NE ❑ Yes No 0 NA ❑ NE NeJdhf,whftes! s�antl/or any additional recommendations or;any othercomments.of facility tolbetter'ezplam situati.ons'(use_'additional oageszis_necessary). -, . , „ I P0 OT 1"T & ja P,- 6 c r �— s r.� f-Is G �I -� �, ru 'o e-e< /,Srt rL . �-- LA..� en r4. r � �Jfi�c���nc ( Y��c��a✓+� �.-IJ� I'�j �, "�.� �� >�on, cC_ fa,`!� rn 4— -(n l f p t✓ , �k 2 (O 7 7 o 2_4 Reviewer/Inspector Name: () A ✓ 1 J-I' " `z el Reviewer/Inspector Signature: Page 3 of 3 Phone: I t_7 Date: 7— 117 / 21412015 4 7 li. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: 71-19 William Usher line I = 549526 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. line n 127154 = 549526 gallons 20.24 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. NNW .. JRR-2 PAN balance application x. total acres available during 5 day draw down (sum of column t) = 13.00 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE Y. line o = 1.56 inches per acre to be applied within 5 days PoA (5 Day) 2/21 /00 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. Pump and haul may be needed due to irrigation system on the farm can not be used due to wetness of the fields. Plan to land aDDly hvdraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar Gown in rieia; -trarncapmty- across sous; wui Fields are wet and irrigation equipment can not be used. 2. Date and amount of last rainfall event? DATE: 1 02/16/16 AMOUNT: 2.00 inches 3. Dates of last waste application event per field: Approx 1year age 4. Given optimum soil and pment capable of applying the volume line "n" at appropriate seasonal i.e. winter application rates wanin a as s-! yes, if soil conditions allow it 5_ Irrination schedule for next 5 days - include dailv schedule: or000sed apmlication rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet Dr000sea cnanoes in amication rates ana amounts; ana any otner mrormation for consiaeravon. Smaller rings and short application times will be used with faster travel speeds. Pump and haul may be used or Aeroway system used to land inject William Usher called on 2-18-16 to report high freeboard and rainfall data. This farm is shut down and has bee idled for 2 years. Completed by Jason Turner 2-18-16 PoA (5 Day) 2/21100 Type of visit: Com fiance Inspection Operation Review Q Structure Evaluation O Technical Assistance 2eason for Visit: Routine O Complaint O Follow-up O Referral O Emergency 0 Other O Denied Access Date of Visit: Arrival Time: 2 i Departure Time: County: Region: Farm Name: Owner Name: Mailing Address: Physical Address: Facility Contact: Onsite Representative: ice" (A Certified Operator: Back-up Operator: Location of Farm: Title: Latitude: Owner Email: Phone: Phone: Integrator: Certification Number: Certification Number: Longitude: Discharges and Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes No ❑ NA ❑ NE Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE b. Did the discharge reach waters of the State? (If yes, notify DWR) ❑ Yes ❑ No ❑ NA ❑ NE c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) ❑ Yes ❑ No [] NA ❑ NE 2. Is there evidence of a past discharge from any part of the operation? ❑ Yes FZ/N o ❑ NA ❑ NE 3. Were there any observable adverse impacts or potential adverse impacts to the waters ❑ Yes E2 No ❑ NA ❑ NE of the State other than from a discharge? Page 1 of 3 21412015 Continued frr IFacAity Number: jDate of Inspection: Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? Yes ❑ No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Spillway?: Designed Freeboard (in): 7,0 Observed Freeboard (in): 5. Are there any immediate threats totheintegrity of any of the structures observed? ❑ Yes Q'N-o— ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes ❑ No ❑ NA ❑ NE waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? Yes ❑ No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes El -No ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes EfNo ❑ NA ❑ NE maintenance or improvement? Waste Aiplication 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes No ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes [ZNo ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 13. Soil Type(s): 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes E_`Yes No ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ o ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes Li No ❑ NA ❑ NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes Wo ❑ NA ❑ NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes YNo ❑ NA ❑ NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes r NA ❑ NE the appropriate box. ❑ WUP ❑Checklists ❑ Design ❑ Maps ❑ Lease Agreements Ot ❑r: 21. Does record keeping need improvement? If yes, check the appropriate box below. Yes ❑ No ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and i" Rainfall Inspections ❑ Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes No No VNA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NE Page 2 of 3 21412015 Continued FaoII1t Number: jDateof Inspection: + / )_ 24. Did the facility fail to calibrate waste application equipment as required by the permit? [ - es ❑ No ❑ NA ❑ NE 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check 0"Yes ❑ No ❑ NA ❑ NE the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail provide documentation of an actively certified operator in charge? Yes ❑ No [] NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No El"NA ❑ NE Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document ❑ Yes [%No ❑ NA ❑ NE and report mortality rates that were higher than normal? 24. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.e., discharge, freeboard problems, over -application) 3 I. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? ❑ Yes dNo [] NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes No ❑ NA ❑ NE ❑ Yes b�lo ❑ Yes D/No 4 'es [:]No ❑ NA ❑ NE ❑ NA ❑ NE ❑NA ❑NE C,ominen't`s.`'(refer to question #�All,). E.iplgin any YES+'answersi'and/ar:any addittanal:recommendations or any other comments. ` in situations¢,(use�aclditiariaf pages; asAnecess se dr�awin s of�fac�li ato`better eie i ary) r Ufa G,�1S s..0 r �r1 9low., J ow`n�r; r'C cOr rS T4s�� o�eC'`Jar il�C r �' i I s f��l(t Z/ 6✓ r� ek) 4L w r/ sUi r<<rJS (►ti M vt �► r r vt �- 1 3� s c1 M l� v-tl S ca. 11 r! V �/' 0 k v K F7 ®Gv/l, I o 7 7 L 7 3,9 f-, Reviewer/Inspector Name Reviewer/Inspector Signature: Page 3 of 3 V&t-- I � A L-C (' Phone: 7 i G 3 °� Date: /'/Z )ZIT 21412015 Powell, David C From: Turner, Jason - NRCS-CD, Burgaw, NC <Jason.Turner@nc.nacdnet.net> Sent: Monday, June 06, 2016 2:54 PM To: Powell, David C; Farnell, John Subject: RE: 71-89 and 71-43 update Carl Dunn and myself have completed the sludge survey on 71-43 but closure plan completed yet. I have not done anything with the closure plan on this farm. Carl and myself need to reschedule some time for this one. I have been out sick with the Flu and two days back to work I got kidney stones. Also, to give you the heads up that 71-19 William Usher is being sold and deeded on this Thursday to Eric Price from Duplin County. This is one that we all might to need to met and talk about. William is coming this week to see me concerning the NOV in Feb 2016 From: Powell, David C[mailto:David.Powell@ncdenr.gov] Sent: Friday, June 03, 2016 4:38 PM To: Turner, Jason - NRCS-CD, Burgaw, NC <Jason.Turner@nc.nacdnet.net> Cc: Farnell, John <john.farnell@ncdenr.gov>; Rowland, Kevin <kevin.rowland@ncdenr.gov> Subject: RE: 71-89 and 71-43 update Hey Jason, just wondering if you received this last email? Thanks From: Powell, David C Sent: Thursday, May 26, 2016 2:34 PM To: 'Turner, Jason - NRCS-CD, Burgaw, NC' <Jason.Turner@nc.nacdnet.net> Cc: Farnell, John <iohn.farnell@ncdenr.go_v>; Rowland, Kevin <kevin.rowland@ncdenr.Rov> Subject: 71-89 and 71-43 update Hey Jason, Elope things are well with you. What's the status on these two facilities? We all visited 71-89 on 10/23/15 and 71-43 was going to be closed out. Thanks David Powell, Environmental Specialist North Carolina Department of Environmental Quality Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Warer Resources LNV9MQNY.LNIAL DUAL![V Tel. (910) 796-7304 Fax (910) 350-2004 For any emergency which requires immediate reporting after normal business hours, contact 1-800-858-0368. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Water Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9053 William F. Usher Slim's Farm 3416 South NC 903 HWY Rose Hill, NC 28458 PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelary S. JAY ZIMMERMAN April 27, 2016 Director Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0055 Administrative Code 15A NCAC 2T .1304 Slim's Farm 71-19, Permit No. AWS710019 Pender County Dear Mr. Usher: On February 17, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) inspected Slim's Farm and the permitted waste management system. We wish to thank you for being present and assisting 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 i SA 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. AWG 100000. On February 17, 2016, DWR staff inspected the lagoon and found the freeboard level to be at seven (7) inches, which is below the designed freeboard of Twenty (20) inches. Violation 2: Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the failure to maintain 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. 13;e. of the Swine Waste System General Permit No. AWG100000. Personnel at the Wilmington Regional Office (WIRO) did not receive any notification. Slate of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 William Usher Page 2 of 2 04/27/2016 71-19 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 27, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. 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 143-2I5.6A(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. He 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 David Powell at (910) 796-7304. Jim Gr al Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-19 G:IIWQISFIARED/ANIMALSIPENDER12016171-19NOVREF �J r,(y L r0^ J Q 6 V o ! 5,/ n/e -/V09 v Water Resources ENVIRONMENTAL QUALITY March 16, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9015 William F. Usher Slim's Farm 3575 Englishtown Rd Willard, NC 28478 PAT MCCRORY Onvemor DONALD R. VAN DER VAART secretary S. JAY ZIMMERMAN Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0055 Administrative Code 15A NCAC 2T .1304 Slim's Farm 71-19, Permit No. AWS710019 Pender County Dear Mr. Usher: On February 17, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) inspected Slim's Farm and the permitted waste management system. We wish to thank you for being present and assisting us during the inspection. Director 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 in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG100000. On February 17, 2016, DWR staff inspected the lagoon and found the freeboard level to be at seven (7) inches, which is below the designed freeboard of Twenty (20) inches. Violation 2: Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the failure to maintain 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. 13.e. of the Swine Waste System General Permit No. AWG 100000. Personnel at the Wilmington Regional Office (WIRO) did not receive any notification. State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 2940$ 919 796 7215 William Usher 02/ 17/2016 2/17/16 Required Corrective Action for Violations: Page 2 of 2 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 18, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. 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 David Powell at (910) 796-7304. Gft�� Jim son, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Jason'rumer, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-19 G:1IWQ1Sr1ARED/ANIMALSTENDER12016171-19NOVREF Water Resources ` EXV RONTIENTAL QUALITY 69 ( y March 16, 2016 fop l � Sf CERTIFIED MAIL N RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9015 William F. Usher Slim's Farm , 3575 Englishtown Rd Willard, NC 28478 PAT MCCRORY DONALD R. VAN DER VAART Secv,ete'.1. S. JAY ZIMMERMAN Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0055 Administrative Code 15A NCAC 2T .1304 Slim's Farm 71-19, Permit No. AWS710019 Pender County Dear Mr. Usher: On February 17,2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) inspected Slim's Farm and the permitted waste management system. We wish to thank you for being present and assisting us during the inspection. Onvaar 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 15 A 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. AWG 100000 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 in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000. On February 17, 2016, DWR staff inspected the lagoon and found the freeboard level to be at seven (7) inches, which is below the designed freeboard of Twenty (20) inches. Violation 2: Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the failure to maintain 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. 13.e, of the Swine Waste System General Permit No. A WG 100000. ,Personnel at the Wilmington Regional Office (WIRO) did not receive any notification. e State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive East„ Wilmington, NC 28405 919 796 7215 William Usher Page 2 of 2 02/17/2016 2/17/16 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 18, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil &. Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. 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 David Powell at (910) 796-7304. 1� Gft�� Jim son, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-19 0:11WQ1SHAREDIANMIALSIPENDER12016171-19NOVREF U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our webslte at www.usps.com® w w w If I w PS Form 3800, August 2006 See Reverse for Instructions Water Resources CtMRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0002 0760 9053 William F. Usher Slim's Farm 3416 South NC 903 HWY Rose Hill, NC 28458 PAT MCCRORY DONALD R. VAN DER VAART Secrelarp S. JAY ZIMMERMAN April 27, 2016 Direchur Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT NOV-2016-PC-0055 Administrative Code 15A NCAC 2T . 13 04 Slim's Farm 71-19, Permit No. AWS710019 Pender County Dear Mr. Usher: On February 17, 2016, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) inspected Slim's Farm and the permitted waste management system. We wish to thank you for being present and assisting 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 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 February 17, 2016, DWR staff inspected the lagoon and found the freeboard level to be at seven (7) inches, which is below the designed freeboard of Twenty (20) inches. Violation 2: Failure to notify the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the failure to maintain storage capacity in a lagoontstorage pond greater than or equal to that required in Condition V. 2. of the General Permit in accordance with Condition III. 13.e. of the Swine Waste System General Permit No. AWG 100000. ti Personnel at the Wilmington Regional Office (WIRO) did not receive any notification. State of North Carolina I Department of 6nvvonmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 William Usher 04/27/2016 71-19 Required Corrective Action for Violations: Page 2 of 2 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 27, 2016. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. 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 David Powell at (910) 796-7304. (IF Jim Gre al Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: APS CAFO Unit Jason Turner, Pender County Soil and Water Conservation District Kraig Westerbeek, Murphy Brown LLC DWR Wilmington Animal Files 71-19 G:1IWQ1SHAREDIANLMALSIPENDER12016171-19NOVREF Ln (Domestic MaI! Only; No Insurance Coverage Provided) ` Far delr�l��v��ery Infor{mation vlslt our websllte et www.usps.come USE Certifted Fee ni Postmark Doilvery Fee ru r3 (Endorsement Required) ,/' or PO Box b. AS Form 3600. August 2000 Seu Raverse for Instructions 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 NIEMORANDUAI TO: Steve Lewis, Environmental Specialist II Non -Discharge Compliance/Enforcement Unit FROM: Chester Cobb, Environmental Specialist II Wilmington Regional Office THROUGH: Rick Shiver, Water Quality Regional Supervisor Wilmington Regional Office SUBJECT: Enforcement Report Mr. Edward Earl Padgett Padgett 42 Farm Facility Number: 71-19 Pender County DATE: May 20, 2003 Attached please find the subject enforcement report that concludes that Mr. Edward Earl Padgett violated North Carolina General Statute 143-215.1 by discharging animal waste into the waters of the State without a permit and violated Condition II. 4 of Swine Waste General Permit AWG100000 by causing ponding of animal waste. On February 11, 2003, Mr. Chester Cobb inspected Padgett #2 Farm because of notification by owner that the lagoon level was 15 inches. Mr. Cobb observed that wastewater was ponded in several areas in the sprayfield and discharging into an unnamed tributary to Sills Creek. It is estimated that about 900 gallons was discharged into the unnamed tributary. A Notice of Violation and Recommendation for Enforcement issued on May 7, 2003 pertaining to this discharge and another notice was sent on May 20, 2003 informing Mr. Padgett of the ponding violation. A copy of the response will be forwarded to you once received by the Wilmington Regional Office. It is recommended that appropriate civil penalties be assessed in accordance with North Carolina General Statute 143-215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the investigation be recovered in the amount of $473.89 pursuant to North Carolina General Statute 143-215.3(a)(9) andN.C.G.S. 143B-282. I (b)(8). If you have any questions, please contact me at 910-395-3900, Attachments cc: Wilmington Regional Office (Entire Enforcement Package) S:\WQS\ANIMALSTENDER\2003\71-19enA71-19memo N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 rcpr NME-NAR al �, STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF MR. EDWARD EARL PADGETT NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FOR VIOLATION OF NORTH CAROLINA GENERAL STATUTE 143-215.1 FOR MAKING AN OUTLET INTO WATERS OF THE STATE FILE NO. DV FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, Acting Supervisor of the Non -Discharge Unit of the Water Quality Section of the DWQ, snake the following: I. FINDINGS OF FACT: A. Mr. Edward Earl Padgett owns and operates the Padgett #2 Farm, a swine animal operation located along SR 1300 in Pender County. B. Mr. Edward Earl Padgett was issued Certificate of Coverage AWS710019 under Swine Waste General Permit AWGI00000 issued pursuant to North Carolina General Statute 143-21 S.1 on September 9; 1999, effective on September 9, 1999, for the operation of an animal waste collection, treatment, storage and application system. C. Condition 11. 4 of Swine Waste General Permit AWG100000 states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." D. On February 11, 2003, Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Padgett #2 Farm because of notification received from owner that the lagoon level was at 15 inches. Mr. Cobb observed wastewater ponding and discharging from sprayfield into an unnamed tributary to Sills Creek. Sills Creek is classified as C Swamp waters of the State within the Cape Fear River basin. E. Mr. Edward Earl Padgett had no valid permit for the above -described activity. rw F. The cost to the State of the enforcement procedures in this matter totaled $473.89. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Mr. Edward Earl Padgett 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. Mr. Edward Earl Padgett violated Condition H. 4 of Swine Waste General Permit AWG100000 by causing ponding of animal waste. D. The unnamed tributary to Sills Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). E. The above -cited discharge constitute making outlets into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. F. Mr. Edward Earl Padgett 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) 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. G. The State's enforcement costs in this matter may be assessed against Mr. Edward Earl Padgett pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Acting Supervisor of the Non -Discharge Unit of the Water Quality Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of.Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mr. Edward Earl Padgett is hereby assessed a civil penalty of: $� for of one violation of G.S. 143-215.1 for discharging animal waste into the waters of the State without a permit. for of one violation of Condition 1I.4 of Swine Waste General Permit AWG100000 by causing ponding of animal waste. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 473.89 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) J. Kent Wiggins, Acting Supervisor Non -Discharge Unit Water Quality Section Division of Water Quality DIVISION OF WATER QUALITY ANIMAL OPERATIONS ENFORCEMENT CASE REPORT Violator: Padgett #2 Farm Contact Person: Edward Earl Padgett Address: P.O. Box 478, Wallace, NC 28466 Facility #: 71-19 Receiving Stream: Unnamed tributary to Sills Creek Classification: Sills Creek is Class C Sw Waters of the State _ Regional Office: Wilmington Inspector: Chester Cobb Report Prepared By: Chester Cobb Case Narrative: On February 11, 2003 Mr. Chester Cobb from the Wilmington Regional Office of the Division of Water Quality inspected the farm due to notification by owner that lagoon level was at 15 inches (see attachment). Upori inspecting the sprayfields, Mr. Cobb noticed wastewater ponding in several areas of the sprayfields (see Figures 4, 6, 8, and 11). Wastewater was discharging from field Zones 1 and 4 into an unnamed tributary to Sills Creek (see Figures 2, 16, and 17). The onsite representative, Mr. Jody Sumner, reported that he had pumped the day before (February 10, 2003). From the submitted records, the IRRA's had a recorded irrigation event for field Zone 4 on February 10, 2003 (see attachments). The farm was in the process of shipping grown hogs out on February 11, 2003. One house had been cleaned out and about 857 feeder pigs placed in the house. Representative reported that the high lagoon level was due to an employee leaving the fogger on in the house being cleaned out for 24 hours. A freeboard level of 23 inches was recorded on February 7, 2003 and a level of 15 inches on February 10, 2003. Farm and/or Company Compliance History: Include_a copy of CAFO_ Designation letters, previous NOV's, NOD's previous civil assessments, etc. T May 3, 1999 Notice of Violation issued for insufficient freeboard level. April 6, 2000 Notice of Violation and Recommendation for Enforcement issued for insufficient freeboard level, failure to notify DWQ, cover crop needing improvement, and record keeping needing improvement. January 29, 2001 Civil Penalty assessed for $1,138.28 concerning case number PC- 00-050. March 8, 2001 Notice of Violation and Recommendation for Enforcement issued for over application of waste based on Plant Available Nitrogen (PAN) rates as outlined in the waste management plan. Amount of Waste Discharge if applicable). If amount cannot be estimated, what is the rate of nowreaching surface water. Estimate that approximately 900 gallons was discharged to an unnamed tributary to Sills Creek. Wastewater was mixed with surface waters. Sample Results -(If a licable with locations of samples taken noted in relation to the discharge point: The approximate location of all water samples is shown in Figure 2. Sample FP 1 was taken from ponded wastewater to the upper side of field Zone 2 (see Figures 3, 4, and 5). Sample FP2 was taken at field edge of Zone 1 before wastewater entered the woods (see Figures 3, 14 and 15). A section of field Zone 4 (see Figure 8) drained into a pool of wastewater mixed with surface water, sample location FP3 (see Figures 9 and 10). Wastewater from locations FP2 and FP3 connected in the woods and discharged into an unnamed tributary to Sills Creek (see Figures 16 and 17). Sample DS1 was taken as the wastewater entered the unnamed tributary. Sample DS2 was taken further downstream of DS 1 where the unnamed tributary crossed under SR 1300 (see Figures 20 and 21). Sample US1 was taken upstream of the discharge (see Figures 18 and 19). Sample results are listed below. Sample Results: Sample Point FPI FP2 FP3 DS1 DS2 US1 Fecal Coliform 700,000 * 140,000 * 72,727 80,000 36 18 (colonies/I Ooml) NO2-N + NO3-N 6.0 18 a 12 _ 0.74 0.42 (mg/L) NH3-N 400 41 s 17 0.03 0.02 TKN 440 58 a 29 0.54 0.65 (MEL) Total P 29 15 a - 9.9 0.13 0.11 (mLJL) * Estimate a Sample not taken. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Based on field observations on February 11, 2003, the violator failed to ensure proper waste application and this failure resulted in runoff of animal waste and discharge of animal waste into waters of the State. The violator did submit, records as requested from.the inspection on February 11, 2003. Fish kill observed? YIN If yes, include reEgrt from Y RC: No fish kill observed at time of inspection. Mitigating -Circumstances: No known mitigating circumstances known at time of inspection. Recommendation: The Wilmington Regional Office is recommending assessment of civil penalties to the Director of the Division of Water Quality pursuant to G.S. 143-215.6A, Include a copy of the previously completed Animal Operations Inspection Form, pictures and site sketch of waste flow if waste is discharged to surface waters. Also include violator's response to Notice of Recommendation for Enforcement. If citing certified plan or permit condition violations, include copies of permit or plan. Assessment Factors required to be considered by G.S. 143B-282.1(b): 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from violation: The discharge of animal waste was documented by elevated levels of fecal coliforms and nutrients (see Sample Results) into an unnamed tributary to Sills Creek. Neither public health problems nor damage to private property were documented. 2. The duration and gravity of the violation: The bulk of the discharge appeared to have occurred between February 10 and 11. The wastewater had mixed with surface water. Beaver dams built in the unnamed tributary to Sills Creek near SR 1300 restricted the water flow in the tributary. 3. The effect on ground or surface water quantity or quality or on air quality: The effect on surface water quality is documented under the Sample Results section. The effects on ground water and air quality were not measured and are therefore unknown. 4. The cost of rectifying the damage: The damage that was done by the animal waste that reached waters of the State cannot be reasonably rectified. By the time of investigation, the animal waste had already been diluted with surface water. 5. The amount of money saved by noncompliance: Unknown. 6. Whether the violation was committed willfully or intentionally: Based on field observations on February 11, 2003, it appears that this violation was willful in that the lagoon level needed to be lower so more pigs could be placed on the farm. The extent of wastewater ponding and runoff observed on February 11, 2003 indicates that the waste application on February 10, 2003 was excessive. Also, only Zone 4 was reportedly pumped on February 10, 2003. However, wastewater ponding was observed in other field zones on February 11, 2003. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Notice of Violation was issued on May 3, 1999 for insufficient freeboard level of 9 inches in lagoon. Notice of Violation and Recommendation for Enforcement was issued on April 6, 2000 for insufficient freeboard level of 13 inches, failure to notify DWQ,' cover crop needing improvement, and record keeping needing improvement. Civil Penalty assessed on January 29, 2001 for $1,138.28 concerning case number PC-00- 050. " Notice of Violation and Recommendation for Enforcement was issued on March 8, 2001 for over application of waste based on PAN rates as outlined in the waste management plan. 8. The cost to the State of the enforcement procedures: The State's enforcement costs totaled $473.89, as follows: Staff, Cobb, 12 hours @ $18.31/hour $219.72 Pictures 19 @ $0.33 each $ 6.27. Samples 6 Fecal @ $20.00/sample $120.00 Mileage 90 miles @ $0.31/mile $ 27.90 Administrative Costs. $100.00 Total $473.89 T� `' �.v2t. Padgett 12 Fame - � S.rG!•� `•` Cemti\t�^..'— — �,+�„����__'�.;�•,_ I;I � ©.�" �•� ._ •,% r 1 4. 132E in '.c.��'+ i�: •I ,,�/' \. / a��; •� 'rJ_\`'-. 4, : 132E 'l �' (-�' •6 � •}��\j 1325 l325 5 Potts' �� p .'' Memo 1 41 Penc�setlea • �.wNf�,^ _C '}`I �•_ W E Tank I I r�*' ti.• '� nkSewa 8e 11 i �:CWT �,�r.DiSP IIV :Z `.Y�t. _4•� c I O +y 6V • A. �C 1 ,_•- l \ : -6� ]a n'of'd7'.�--� t7 �'•.. 1i1 -ex 66 _ i_"\ ii. �ti°�-^•.�+�; F �� ti 41 Life "�'', Y . Q ` f • \� t `~ i a Wild while Cem FIGURE I. Padgett #2 is located in Pender County north-east of Penderlea, NC. Map created from 1984 USGS Wallace West, N.C. Quadrangle. it _ _ • - _ ;�' s ! ' - — - ", eft ••'r. - w' "+ FP1 �' it �� ' - t _-fP3lb SR �130O VIA rb :Unn`�amed Tributary _ ' - 'r'• ,. to Silfsreek �c ,, Was siewater uuBj aqi ioj sauoz ,Cuids ac{l uo pasEq szldwLs jo uoil-eool awunxoiddd -£ g-dnJI3 � 43--�a7) SS-7-7! 5 01 ' •pry. .,._ ..... ._ �� / • . . . � 1. � .. _ _ i .lr.' • r � . �� r:��l� — a�.r.l' ��.}�' ;,�?�>• /rl�t�; t:.1,j�11+r.•rS� I- 1f'�;, �, s:r: � ::�7s A! r = �:' .• .�s' _ .s ' + � 7 ,�... r a� s•,,�, �•..r., r � �s � �, ,dam. 1-13 sy ii .; ,_ �� to �'` �' ,. ,�' - �.' - •t• ., _ �'"'7� + R�;ti:-cam.%: - ^„�,• .._ - , ' . a-4,4.fir kl,•�.i;"i, _ -,...,1, ML�.�� t�Y �S',vf• �S i�.1. t aa�' "+A, 4 {� w ter: i� .K�a"`.-,.� 1 9% �.� � w. '•-��� may. ��...� � h-, v` � S W:. . L rj � 41 FlJI 9 f y � i�l .t. '.3�r' � •. �'k:. i" s!r•� • ! .� �?� �t Lfv� �' �,•�; ,'.#—%% r tit :,�; ; �� . r })( -J-4:.., L 4 r47 11— ..•,��:Y 1 Iati Z i, y' +41� Y'it rr' -1',�' �i.!`..�.u5-� •�:..•. , .M %; too, t;, v � • .-. ,', i. r _,•:�i:.ft','^ '�' ' 'ill � , � %1;..' I' '',% - .• '' . I{�,� �_ �y`••� :,�� ,�; f' .• �. tea' i'.��i .,(`1/1 - f• •;t' ;�{ 11 + �'rf Y �'y..-Yx i r 1 M7, �,` .icy i - :{. :.,:)ft- y .-j.'--'_• �,' �'t.\�N, ,,. :,-.�„,. r\ �l�•S'1+. �'� 7 y•'��.:� :'• - : •F, �:,_- � � > : � s ram-- -�: _ '�,-.,.• • '_ �- .:� ,.� �,'i � � l•�. )' •fir'". � [ �. 1. U-3 1. s 1 Y •9� ' L .� "'�' .. � + A `� �Lr .�%yit�}\ � ��S�j'�i., F 5•' .�. �.�'`1• 4C f y�`!'-f'ri '1 ail\y �S-*, �"1�' `,,]i�l ,�f 1'�-t-� i•t'3�, I''.�i' .!s , � "�.;• �`:.��.=•+:`,., i 1. '1y. :. •5"•} y 1 ~-'1 a-..; - ..— _ .♦ �, �. -- ..:}` �: } ,•,: �: 5n : 4,ri. , , •; . firs ._ -, , f, 5rf-' 4 •;1]! :,�,t�lA '���ti ..1 f k }`I' �i `` 1 ev � X �'� -ram •' ` ,y���'•, •.�. `'�_Et,'''"' ' �1 . Wirt IN If • 1 ' e � +' •r.3 � %. !fir • .]l,rr:r+ � - . �� �- ;,' '`ter'' • ,'. '.• i .Y'.7:� Jj ,�,x � .,-w'..;ti. •. ray: - - YAM � 1 71�1 • li j, :l a. /s ���' +i rl'•�'fF !1� .:' ��1 -',.. .•.;f i&T 44 :ih.. 1.. i ,• a,. y59' ,.'.l , 1 ' � ,' ..tt,�,��, +` �'� I "it's,•• ��'1:1��`��' �4' ��:'.; .'��: 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 October 25, 2004 MEMORANDUM TO: Kathy Cooper. Special Deputy Attorney General FROM: Alan W. Klimek, P.E. SUBJECT: Request for Collection of Penalties Please initiate collection proceedings for the cases listed below. The violators have neither paid the assessment nor requested remission. Copies of the relevant documents for each case are attached. Violator William P. Smith Case Number OP 02-002 Date Assessed March 4, 2003 Date Received March 13, 2003 (Mr. Smith was assessed $860.02 in March 2003 for operating his septic system without a permit for nearly four years. Mr. Smith failed to respond to the civil penalty assessment. A payment demand letter was sent and received by a Linda Smith at Mr. Smith's address in June 2004, To date, no payment has been received. The Fayetteville Regional Office is strongly opposed to settling this case for less than the full amount. Mr. Smith currently has a valid permit for his septic system.) Edward Earl "Pete" Padgett DV 03-027 July 17, 2003 July 27, 2003 (Padgett #2 Farm) (Mr. Padgett was assessed $5,973.89 in July 2003. He requested remission from the Director of DWQ and from the EMC and was denied. On February 23, 2004, Frank Crawley notified him of the EMC decision denying remission and that he had 30 days to remit the penalty. A Beverly Jones at Mr. Padgett's address received that letter on Feb. 25, 2004, To date, no payment has been received. Mr. Padgett also has not paid a penalty for case # PC 00-038 which was the subject of a collection memo dated May 26, 2004.) Thank you for your assistance in this matter. If you have any questions, please call Steve Lewis at 715- 6629. ATTACHMENTS cc: Fayetteville Regional Office �Wi mingtan Regional Office Enforcement Files Onc No}thCarolina ,AWitra!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: h11:/lh2o.enr. $tate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-977.623.6748 Fax (919)715-6048 An L•qual 0pp01 tunity/AIliritiative Action Gmploycr-- 50% Recycicd/10",4, Vost C'unsumer Paper "'F wArF� �� " �=-L Michael F. Easley, Governor JU William G. Ross Jr., Secretary A Qt� 2 E004 Department of Environment and Natural Resources Alan W. Klimek, P.E. Director 5 --f By' Division of Water Quality O "< Coleen H. Sullins, Deputy Director Division of Water Quality July 1, 2004 CERTIFMD MAIL RETURN RECEIPT REQUESTED Mr. Edward Earl Padgett P.O. Box 478 Wallace, NC 28466 SUBJECT: Request for Payment of Civil Penalty File No. DV 03-027 Pender County Farm # 71-19 Dear Mr. Padgett: On July 17, 2003, the Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $5,973.89, including $473.89 in investigative costs, for discharging animal waste into the waters of the State. On October 1, 2003, the Director of DWQ considered your -request for remission but found no grounds to modify the assessment. On February 12, 2003, your case appeared before the Environmental Management Commission Committee on Civil Penalty Remissions. This committee found no grounds to modify the assessment. If any civil penalty has not been paid within 30 days after the final agency decision has been served.on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary of the Department of Environment, and Natural Resources to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on February 25, 2004. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty is received within �'M1 NE NOR Customer Service; Mailing Address. Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper httpl/h2o. enr.sta te.nc.us Mr. Padgett Page 2 July 1, 2004 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact Keith Larick at (919) 733-5083 ext. 571 or Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Jeffrey 0. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit JOP/kdl cc: Rick Shiver, Wilmington Regional Supervisor Chester Cobb, Wilmington Regional Office File No. DV 03-027 Central Files 71-19 Public Information Officer DWQ- - CIVIL ASSESS'VIENT RENUSSION FACTORS CONSIDERATION Case Number: DV 2003-0027 Region WIRO County: Pender Assessed Entity: Edward Earl Padgett (Padgett Number 2 Farm) O Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: The violator alleges that our facts are incorrect. The violator claims that it was not possible for wastewater to flow through one particular drainage way over what he claims are "dams", and thence discharge into the UNT to Sill's Creek. However, staff observed that this wastewater in fact flowed over and around these "high spots" that ultimately discharged into the UNT. Moreover, there were other discharge points sampled by staff, and the violator had left the scene and had gone about his business by then. In conclusion, none of the assessment factors were applied to the detriment of the violator. O Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: The violator did nothing to abate the continuing environmental damage as a result of this violation: he neither pumped pump the wastewater in the drainage way or large ponded areas back into the lagoon nor took any other corrective actions. O Whether the violation was inadvertent or a result of an accident; Notes: The violation was willful and intentional because the grower was trying to reduce the freeboard in the lagoon in question so that the integrator would restock his farm () Whether the violator had been assessed civil penalties for any previous violations; Notes: The violator was assessed $ 1,138.28 for a permit condition violation on January 29, 2001. (} Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: The violator does not claim a financial inability to pay this assessment. Decision (Check on Request Denied ✓ Full Remission Partial remission Amount remitted !a r b 96;r4k Date Alan Klimek, P.E. 0�0� wArERQ� r July 17, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Earl Padgett P.O. Box 478 Wallace, NC 28466 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Padgett #2 Farm Pender County File No. DV 03-027 Dear Mr. Padgett: This letter transmits notice of a civil penalty assessed Edward Earl Padgett in the amount of $5,973.89 including $473.89 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include ivaiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Keith Larick Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NCDENR Customer Service: Melling Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01.01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o. enr.sta te.nc. us 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver (form attached) of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return -to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Keith Larick DWQ 1617 Mail Service Center Raleigh NC 27699-1617 K' 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a Copy of the petition to Mr. Dan Oakley Registered Agent Dept. of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 733-5083, extension 571. Sincerely, oo Jeffrey Poupart Supervisor Non -Discharge Compliance/Enforcement ATTACHMENTS cc:wRe 'anal= u}xe>w,i otzw,attachrr►.ents, Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Pender IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND Edward Earl Padgett ) STIPULATION OF FACTS FILE NO. DV 03-027 Having been assessed civil penalties totaling $5,973.89 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July_17, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director'of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment_ No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of ADDRESS TELEPHONE SIGNATURE STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF PENDER IN THE MATTER OF ) FILE NO. DV 03-027 MR. EDWARD EARL PADGETT ) FINDINGS AND DECISION FOR VIOLATION OF NORTH CAROLINA ) AND ASSESSMENT OF GENERAL STATUTE 143-215.1 FOR } CIVIL PENALTIES MAKING AN OUTLET INTO WATERS ) OF THE STATE ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section of the DWQ, make the following: I. FINDINGS OF FACT: A. Mr. Edward Earl Padgett owns and operates the Padgett #2 Farm, a swine animal operation located along SR 1300 in Pender County. B. Mr. Edward Earl Padgett was issued Certificate of Coverage AWS710019 under Swine Waste General Permit AWG 100000 issued pursuant to North Carolina General Statute 143-215.1 on September 9, 1999, effective on September 9, 1999, for the operation of an animal waste collection, treatment, storage and application system. C. Condition II. 4 of Swine Waste General Permit AWG 100000 states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." D. Condition V. 3. of the Swine Waste General Permit states in part "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..." E. The 25-year, 24-hour storm event for the facility's location is between seven (7) and eight (8) inches according to National Weather Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961. F. Based on the 25-year, 24-hour storm event of seven (7) inches and one foot of required structural freeboard, the waste level for adequate storage in the lagoon for Padgett #2 Farm is nineteen (19) inches. G. On February 11, 2003, Division of Water Quality (DWQ) staff inspected Padgett #2 Farm because of notification received from owner that the lagoon level was at 15 inches. Staff observed wastewater ponding and discharging from the spray field into an unnamed tributary to Sills Creek. Sills Creek is classified as C Swamp waters of the State within the Cape Fear River basin. H. Mr. Edward Earl Padgett had no valid permit for the above -described activity. I. The cost to the State of the enforcement procedures in this matter totaled $473.89. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Mr. Edward Earl Padgett 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. Mr. Edward Earl Padgett violated Condition H. 4 of Swine Waste General Permit AWG100000 by causing ponding of animal waste. D. Mr. Edward Earl Padgett violated Condition V. 3. of the Swine Waste General Permit by failing to maintain the lagoon liquid level such as to provide adequate storage to contain the 25-year, 24-hour storm event plus an additional one foot of structural freeboard. E. The unnamed tributary to Sills Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). F. The above -cited discharge constitute making outlets into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. G. Mr. Edward Earl Padgett 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) 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 Mr. Edward Earl Padgett pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). I. The Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mr. Edward Earl Padgett is hereby assessed a civil penalty of: $ �,�_ for violation of G.S. 143-215.1 for discharging animal waste into the waters of the State without a permit. $ for violation of Condition H. 4 of Swine Waste General Permit AWGI00000 by causing ponding of animal waste. $ �,va for violation of Condition V. 3 of Swine Waste General Permit AWG 100000 for failing to maintain the lagoon liquid level such as to provide adequate storage to contain the 25-year, 24-hour storm event plus an additional one foot of structural freeboard. $ 473.89 a Enforcement costs $ 73 r TOTAL AMOUNT DUE As required by G.S. 143-215.5A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 14313-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (5) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) ffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality Type of Visit O• Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 71 19 Date of Visit: 02/17/2003 Time: 14:30 Q Not Operational Q Below Threshold ® Permitted ® Certified 0 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: ....................... FarmName: >Padgett.#2........................................................................................................ County: hader ............................................... WMQ......... Owner Name: lwdwa rd.Ealrj....................... Fad99tk....................................................... Phone No: Mailing Address: ,A�. t�z�..4.7............................. 'adage.SIC............................ .... 20.4.66 ............. .......................................................... Facility Contact: .................... Title: Onsite Representative: Ed.w.ard,.fadgeiwt....................... Certified Operator:................................................................. Location of Farm: Phone No: ................................................... ................... Integrator: Utjrphy.AK.QWA .................................................... ..................... Operator Certification Number:.... northwest of Penderlea. North side of SR 1300 approx. 0.5 mile South of SR 1301. + T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 40 34 Lf Longitude 78 04 1 1866 Designer- 'Current + ���De51gn r Swine " Ca 'aclt r,'Po elation Poultry r ❑ Wean to Feeder ® Feeder to Finish 3312 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars '❑I Won Iiiy Cattle ,.I r,:;r, 3t, ❑ Dairy E r ❑ Non -Layer J _ _� ° ❑ Non Dairy i Other (I , r' , I `I i, .,°, p , ,Total"Design Capacity 3,312 I i S 7,1 ota 4 20 I �rnr ��Ir rl. �� e ❑XVL;"€;z:..a;.3a¢I°!,L.6it:.e:," aLL'L?d'I. i.._._,...'.!-��:; i?Oi-•!i 1 �f,+,,`7" ;ml'i''�❑ Subsurface Drains Present III] Lagoon Area Ip Spray Field Area No Liquid Waste Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ................ I................. ........................... � Freeboard (inches): 15 05103101 Continued `1''�EJZou 5 C��I�RF�T �ss,�ss��,✓T i Mr Rick Shiver NCDWQ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: NOV Padgett #2 Fac. 71-19 Dear Mr. Shiver: �c ANY 2 2, 2803 May 19, 2003 This letter is in response to the NOV letter I received from your office dated May 7, 2003. In reference to the February 11 th visit of Mr. Cobb during, which time he supposedly observed runoff that had occurred into an unnamed tributary to Sills Creek. The site shown to Mr. Sumner, and noted by Mr. Cobb as the point of entrance, is labeled as #1 in accompanying photos. The drain in reference was constructed in 1999 as a conservation measure to help contain surface runoff that may occur as a result of heavy rain events. The accompanying photos show the above mentioned drain which was constructed, as a closed outlet drain, for the purpose of stopping any surface runoff before it could enter the woods. Photos # 2,3 and 4 show the approximate location of an earthen damn on the attached aerial map. Photos 5 and b show the approximate location of another earthen damn. Photo #7 shows that there is no outlet into the woods. The drain ends at the approximate location of point #8 shown on the attached map. The issue of ponding can be attributed to the unusually rainy weather and the fact that beavers are backing the states waters almost into my spray field. I have no way to control ponding of rain water on this farm. My ground water table is being controlled by the water levels maintained in the beaver pond adjoining my properties. If this issue were addressed by the state it would greatly affect the state of my spray fields. I have an aerator which is used to loosen the soil and help in the absorption of.effluent applied to my spray fields. My operator has been made aware of and is following the proper operating procedure for the irrigation system that is installed at this site. In the future I have a transfer pump which maybe used to pump any liquid held in the closed outlet drain, which was constructed due to my concerns about pollution, back in to my lagoon. I have no way to control ponding of rain water on this farm. Mr. Sumner noted that during the inspection samples were taken in the above mentioned closed outlet drain and also in the woodland adjacent to my' spray field. I have not been given any opportunity to review the results of these samples. Before these samples are used in making any decisions about any of the above issues, I would like to be made aware of the sample results, sample methods used and the tolerances for any of the sample results. OP16 It It is my observation that since there could be no discharge from the above mentioned closed outlet drain this NOV should be rescinded. The ponding issue that is addressed in the letter dated May 20`t', 2003 may or may not be a valid issue. Although there was ponding in the closed outlet it is my belief that this is mainly attributed to rainfall runoff more so than effluent runoff due to over application. I believe that the closed outlet drain installed on this farm functioned properly by containing any surface runoff from this field. Any issue of ponding from this structure may need to be addressed further to reach an agreeable management method recognized and accepted by everyone. If you have any questions or if you would like to meet on the site to discuss this issue please contact me at my office. The phone number is 910-285-6266. Sincerely, Edward Earl Padgett Audi: r r' n%vti dry t�ht� i'�' Y 9 1M 61-6L OeJ Z# 1196pecl �Y :�'rk '• �OF WaTE9¢ Michael F. Easley, Governor A y William G. Ross Jr., Secretary co j C North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL # 7002 1000 0005 6491 9798 RETURN RECEIPT RE UESTED J� 0 May 7, 2003 Mr. Edward Earl Padgett Padgett #2 P.O. Box 478 Wallace, NC 28466 Subject: Notice of Violation and Recommendation for Enforcement Padgett #2 Facility Number: 71-19 Pender County Dear Mr. Padgett: This is to notify you of violations of North Carolina General Statute 143-215.1 and to Swine Waste General Permit AWG100000 issued on September 9, 1999 under Certificate of Coverage AW S710019. On February 11, 2003, Mr. Chester Cobb of the Wilmington Regional Office of the Division of Water Quality performed an inspection of Padgett #2 in response to notification that the lagoon was at 15 inches. During the inspection, Mr. Cobb observed that runoff of animal waste had occurred from the land application fields and discharged into an unnamed tributary to Sills Creek, Sills Creek is class C Swamp waters of the State within the Cape Fear River basin. This is in violation of North Carolina General Statute 143-215.1 that states that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. Also, Condition I. 1 of the General Permit states that "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." Response requirements. are listed as follows: (1) A written response must be submitted to the Wilmington Regional Office, Division of Water Quality that includes: a. An explanation of the violation. b. A description of the actions taken to bring the violation back into compliance and to prevent its' recurrence. (2) The written response must be received by this office within 15 working days of the receipt of this notice. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350.2004 Fax Customer Service 1 800 623-7748 FIN"i � r� Edward Padgett May 7, 2003 Page 2 of 2 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 Nerth Carolina General Statute 143215.3(a)(9). 'Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from the Central Office at 919-733-5083 ext. 539. Sincerely, 0-k-C V -- 1:4 �.•� Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown LLC Harry Lewis, Pender County Health Department John College, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 71-19 S,IWQSIANIMALSIPENDER12003171-19 Padgett NOVRFE MCI)FW W1RO State ofNorth CaroUna Dap eat of Bnvira=ent and Natural Resources Wilmington Regional Office Michael F. Easley, Govemor William G. Ross Jr., Secretary FAX COVER SHEET Date: 5 120 1& 2, No. Of Pages: 3 To: _ .� � Yr From: 2 `ts CO: CO: D&J42 FAX #:� 910 - 2�5�,�8 FAX#: 9 0-x0 REMARKS 127 t An P4411 Oppenuaity AMMWI a Adlaa £mpiaker IYV.Z�1y r-.G MHY . eW. ,dUUJ I; JeKm NC:1 LNR WIKV P -+r 07002 Mr, Edward Earl Padgett Padgett #2 P.Q. Box 478 Wallace, NC 28466 Dear Mr. Padgett: Michael F. Easley, Governor Wiiilam 0, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 0190 May 20, 2003 Subject: May 7, 2003 Notice of Violation and Recommendation for Enforcement Padgett #2 Facility Number: 71-19 Pender County On May 7, 2003 you were notified of a discharge violation to North Carolina General Statute 143-216.1 and Condition I, 1 of Swine Waste General Permit AWG100000 issued to you on September 9, 1999 under Certificate of Coverage AWS71001 S. The discharge violation was based on observations made by Mr. Chester Cobb of the Wilmington Regional Office on February 11, 2003. Mr. Cobp observed that runoff of animal waste had occurred from the land application fields and discharged Into an unnamed tributary to sills Creek. Sills Creek is classmed as class C Swamp waters of the State within the Cape Fear Diver basin. Also during this inspection, a significant amount of ponding was noticed. The ponding of wastewater is a violation of 4 of th"Rneral aprMd that states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application.' If your response to the May 7, 2003 Notice of Violation does not include a response addressing the ponding Issue, please respond, as follows: (1 ) A written response must be submitted to the Wilmington Regional Office, Division of Water Quality that Includes, a. An explanation of the violation, b. A description of the actions taken to bring the violation back Into compliance and to prevent Its' recurrence. (2) The written response must be received by this office wlthln 15 working days of the recelpt of this notice. N. C. UMWon of water Quanpr 127 Cerdhal Drive hieneion (910) 3W3900 Customer Sornice Wiimingtn Regional Office Wiiml"n, NC 26M (910) 35"004 Fax 1600 623.7748 NCMNIR t .4:32RM NCDENR WIRO IVV.511+ r. Edward Padgett May 20. 2003 Page 2 of 2 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. 09 advised that the Division of Water Quality may take further action In this matter Including Injunctive relief and permit revocation. If you have any questions concerning this matter, please do' not hesitate to call Mr. Chester Cobb from the Wilmington Regional Office at 910-395.3900 ext. 226 or Mr. Stove Lewis from the Central Office at 919-733-5083 ext, 539, Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown LLC Harry Lewis, Fender County Health Department John Collage, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 71.19 S:IWQSIANIMALS%PENDER12003171-19 Padgett NOVRFE2 �' 4�� ;� 1•"'t .. i S� f Syr �.' ; 1 r-- - � - � � - - ,�� - - i _ ���`�- (- - � ails' =?T�� __ � FIGURE 6. Wastewater ponding in field Zone 2. Drains towards sample location FPl. Film negative (9053) 6A. FIGURE 7. Owner uses a solid set sprinkler system to apply the wastewater. Film negative (9053) 8A. FIGURE 8. Wastewater from field Zone 4 draining towards sample location FP3. Film negative (9053) 24A. � r r �� , .� .�- r- , >•� .y �x V' �: `1 ,� _ �,__ i i f\� � a . � � _ _ � y -� � _ � ,_ n .a��- 40 W FIGURE 11. Wastewater and surface water runoff of field Zone 1 into a ditch between Zones 1 and 4. Film negative (9054) 15A. FIGURE 12. Wastewater and surface water in ditch between Zones 1 and 4. Film negative (9054) 13A. FIGURE 13. The ditch between Zones 1 and 4 as it drains towards sample locations FP2 and FP3. Film negative (9054) 14A. FIGURE 14. Location of Sample FPZat field edge of Zone 1. Sample taken to the left of backpack. Film negative (9054) 3A. FIGURE 15. Sample location FP2 before wastewater flowed into the woods. Film negative (9054) 2A. FIGURE 17. Location of Sample DS1 looking back towards sprayfield. Film negative (9054) 8A. 1 •M O , � I�. t "ct:w. rt '► , ILI +� �f 1 A r age - FIGURE .'Location of Sample DS2 by SR 1300. Film negative (9054) 23A. ear FIGURE* Location of Sample DS2. Water flow restricted by beaver dams. Film negative (9054) 24A. oF wArF9QG r CLAIM September 3, 2003 Mr. Edward Earl Padgett P.O. Box 478 Wallace, NC 28466 RE: Remission Request Padgett #2 Farm Permit No. AWS710019 Pender County File DV 03-027 Dear Mr. Padgett: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural,Resources Alan W. Klimek, P.E. Director Division of Water Quality SEP 0'8 2003 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on October 1, 2003, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 571. Sincerely, Keith Larick Non -Discharge Compliance & Enforcement cc: Ricklii!er Wir, elm ngton-Regional-Su -ervisor�w/_attachmeni� a.�.1? ....- Stonewall Mathis, Wilmington Regional Office w/attachment Central Files File DV 03-027 w/ 3 attachments Customer Service: Mailing Address: Telephone (919) 733-5083 1-877.623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52.01.01 An Equal Opportuniry/Afrrrmative Action Employer 50% recycled/ 10% post -consumer paper httpJ/h2o. enr. state. nc, us �* t3 NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Mr KEITH LARICK 08-29-2003 WATER QUALITY SECTION 16I7 MAIL SERVICE CENTER �. RALEIGH NC 27699-1617�'�, G� DEAR SIR, PLEASE SEE THE ATTACHED FORM REPRESENTING THE ATTACHED INFORMATION.. YOUR FILE- # DV 03 - 027 I HAVE DONE ALL I CAN POSSIBLY DO THANKYOU ll�-T rl�N� - E.E. PETE PADGETT STATE OF NORTH CAROLINA COUNTY OF Pender IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND Edward Earl Padgett ) STIPULATION OF FACTS FILE NO. DV 03-027 Having been assessed civil penalties totaling $5,973.89 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated July 17, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil.penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of M ADDRESS �• TELEPHONE 7-ILE J IODE _ — 51GY—MEMORYTX p. 1 COMMUNICATION RESULT REPORT (MAY.20.2003 10:32AM )TTI NCDENR WIRO RESULT PACE ADDRESS (CROUP)__— -- ------ ------------P--3/3 OPTION _______________--__—_ YOK ___.--�---------- 5-9102657406 ___ _ .---------------- E-2) BUSY REASOi j FORERRORNANG R DINE PAIL E-4) NO FACSIMILE C-2MMECTION E-3) NO ANSWER State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F, Easley, Governor William G. Moss Jr., Secretary FAX COVER SHEET Date: No, Of Panes: To: From: FAX #:_ 009 — o28mj — 2 FA.X#: 910-350-2004 REMARKS «7( An Equal Opportunity Atftrmatire Aotinm Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET 1• • k /. do i REMARKS No. Of Pa es: 3 From: _ �tf�S22! .,136— CO: - - 910,9 - FAX#: 910-350-2004 27 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fa: (910) An Equal Opportunity Affirmative Action Employer WArE9pG Michael F. Easley, Governor William G. Ross Jr., Secretary C North Carolina Department of Environment and Natural Resources 'r Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL # 70021000 0005 6492 0190 RETURN RECEIPT REQUESTED May 20, 2003 Mr. Edward Earl Padgett Padgett #2 P.O. Box 478 Wallace, NC 28466 Subject: May 7, 2003 Notice of Violation and Recommendation for Enforcement Padgett #2 Facility Number: 71-19 Pender County Dear Mr. Padgett: On May 7, 2003 you were notified of a discharge violation to North Carolina General Statute 143-215.1 and Condition I. 1 of Swine Waste General Permit AWG100000 issued to you on September 9, 1999 under Certificate of Coverage AWS710019. The discharge violation was based on observations made by Mr. Chester Cobb of the Wilmington Regional Office on February 11, 2003. Mr. Cobb observed that runoff of animal waste had occurred from the land application fields and discharged into an unnamed tributary to Sills Creek. Sills Creek is classified as class C Swamp waters of the State within the Cape Fear River basin. Also during this inspection, a significant amount of ponding was noticed. The ponding of wastewater is a violation of Condition II. 4 of the General Permit that states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." If your response to the May 7, 2003 Notice of Violation does not include a response addressing the ponding issue, please respond as follows: (1) A written response must be submitted to the Wilmington Regional Office, Division of Water Quality that includes: a. An explanation of the violation. b. A description of the actions taken to bring the violation back into compliance and to prevent its' recurrence. (2) The written response must be received by this office within 15 working days of the receipt of this notice. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 Edward Padgett May 20, 2003 Page 2 of 2 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from the Central Office at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown LLC Harry Lewis, Pender County Health Department John College, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 71-19 S:IWQSIANIMALSIPENDER12003171-19 Padgett NOVRFE2 o�OF WArFRpG Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 4 Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL # 7002 1000 0005 6492 0190 RETURN RECEIPT REQUESTED May 20, 2003 Mr. Edward Earl Padgett Padgett #2 P.O. Box 478 Wallace, NC 28466 Subject: May 7, 2003 Notice of Violation and Recommendation for Enforcement Padgett #2 Facility Number: 71-19 Pender County Dear Mr. Padgett: On May 7, 2003 you were notified of a discharge violation to North Carolina General Statute 143-215.1 and Condition I. 1 of Swine Waste General Permit AWG100000 issued to you on September 9, 1999 under Certificate of Coverage AWS710019. The discharge violation was based on observations made by Mr. Chester Cobb of the Wilmington Regional Office on February 11, 2003. Mr. Cobb observed that runoff of animal waste had occurred from the land application fields and discharged into an unnamed tributary to Sills Creek. Sills Creek is classified as class C Swamp waters of the State within the Cape Fear River basin. Also during this inspection, a significant amount of ponding was noticed. The ponding of wastewater is a violation of Condition ll. 4 of the General Permit that states "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application." If your response to the May 7, 2003 Notice of Violation does not include a response addressing the ponding issue, please respond as follows: (1) A written response must be submitted to`the Wilmington Regional office, Division of Water Quality that includes: a. An explanation of the violation. b. A description of the actions taken to bring the violation back into compliance and to prevent its' recurrence. (2) The written response must -be received by this office within 15 working days of the receipt of this notice. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service ZA Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NMENR Edward Padgett May 20, 2003 Page 2 of 2 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from the Central Office at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown LLC Harry Lewis, Pender County Health Department John College, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit DWQ.Central Files DWQ Wilmington Animal Files 71-19 S:1WQSIANIMALSIPENDER12003171-19 Padgett NOVRFE2 C�0F WA7*1,k Michael F. Easley, Governor y William G. Ross Jr., Secretary _ North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL # 7002 1000 0005 6491 9798 RETURN RECEIPT REgUESTED May 7, 2003 Mr. Edward Earl Padgett Padgett #2 P.O. Box 478 Wallace, NC 28466 Subject: Notice of Violation and Recommendation for Enforcement Padgett #2 Facility Number: 71-19 Pender County Dear Mr. Padgett: This is to notify you of violations of North Carolina General Statute 143-215.1 and to Swine Waste General Permit AWG100000 issued on September 9, 1999. under Certificate of Coverage AWS710019. On February 11, 2003, Mr. Chester Cobb of the Wilmington Regional Office of the Division of Water Quality performed an inspection of Padgett #2 in response to notification that the lagoon was at 15 inches. During the inspection, Mr, Cobb observed that runoff of animal waste had occurred from the land application fields and discharged into an unnamed tributary to Sills Creek. Sills Creek is class C Swamp waters of the State within the Cape Fear River basin. This is in violation of North Carolina General Statute 143-215.1 that states that no person shall make an outlet into the waters of the State without having obtained and abided by the appropriate permit. Also, Condition I. 1 of the General Permit states that "The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches." Response requirements are listed as follows: (1) A written response must be submitted to the Wilmington Regional Office, Division of Water Quality that includes: a. An explanation of the violation. b. A description of the actions taken to bring the violation back into compliance and to prevent its' recurrence. (2) The written response must be received by this office within 15 working days of the receipt of this notice. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer service At Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 A Edward Padgett May 7, 2003 Page 2 of 2 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality for the above noted violations. These violations may result In civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the Investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his consideration. Be advised that the Division of Water Quality may take further action in this matter including injunctive relief and permit revocation. If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb from the Wilmington Regional Office at 910-395-3900 ext. 226 or Mr. Steve Lewis from the Central Office at 919-733-5083 ext. 539. Sincerely, Rick Shiver Water Quality Regional Supervisor cc: Jason Turner, Pender County Soil and Water Conservation Kraig Westerbeek, Murphy -Brown LLC Harry Lewis, Pender County Health Department John College, DSWC-WiRO DWQ Non -Discharge Compliance/Enforcement Unit DWQ Central Files DWQ Wilmington Animal Files 71-19 S:1WQSIANIMALSIPENDER12003171-19 Padgett NOVRFE State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Gove Wayne McDevitt, Secreta Kerr T. Stevens, Director September 9, 1999 Edward Earl Padgett Padgett #2 P.O. Box 478 Wallace NC 28466 A171kT4 ?W, A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRGEs Subject: Certificate of Coverage No. AWS710019 Padgett #2 Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Edward Earl Padgett: In accordance with your application received on August 20, 1998, we are forwarding this Certificate of Coverage (COC) issued to Edward Earl Padgett, 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 Padgett #2, located in Pender County, with an animal capacity of no greater than 3312 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. r- s P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 ; An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Covera2c AWS710019 Padfiett -'2 Pate 2 If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. if you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. ' Sincere .�, Kerr T. Stevens 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 NDPU Files Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint Q Follow up O+ Emergency Notification O Other ❑ Denied Access Facility Number 71 19 Date of Visit: OZI11/20t13 'rime: E,J Q Not O erational Q Below Threshold ® Permitted ® Certified [3 Conditionally Certified © Registered Date Last Operated or Above Threshold:... _. __.. Farm Name: F.adgektN.............................................................................. County: P.rotdcr................................... }'.4JRQ....... Owner Name: JEdvAEd_EAcL_________._ atigt:tt.--------------------_-_--- Phone No: 4�Q:2i35_ 413.�L) 2>��=744J.Ar�02hi}3 _. MailingAddress: P.O.B.n.4.7.8...........................................................................................W.atllagg..N.c................. 2.8.4.6.6:. Facility Contact:........................................................... Title: ........... Phone No: Onsite Representative: d�s�yluuller��ete�adgelt_._..__ Integrator: Certified Operator: .................................................. ........... Operator Certification Number: ............................................................................................ Location of Farm: Northwest of Penderlea. North side of SR 1300 approx. 0.5 mile South of SR 1301. A ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • Longitude 78 • 04 , 1$66 :' ., ,} Design + '.Current , a ,, Design ; Cti`rrent ;Design Gr, 'Current Swine ` ? "Ca nacit lat ;Poultry" ;`Car acit Poationatte rGu`' 7,ion ; [] Layer ❑Dairyf ❑Non -Layer ❑Non -Dairy ❑ Other ,,' :Total Design Capacity 3,312},t�+; ;}� , „ T to W Si44 ,1 i Gj+❑Subsurface Drains Present ❑ La oon Area S ra Field Area'1 , t I g ❑ p Y Waste Management System ❑ Wean to FeederFeeder to Finish 3312 ❑ Farrow to Wean ❑ Farrow ko Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ® Yes ❑ No c. If discharge is observed, what is the estimated flow in gal min'?d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? - ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 identifier: ._..........._. Freeboard (inches): 16 05103101 Continued Facility dumber: 71— l9 Date of Inspection 02/11/2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6, Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ® Excessive Ponding ❑ PAN . ❑ Hydraulic Overload 12. Crop type Coastal Bermuda (Hay) Small Grain Overseed ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. 'Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. •"'.r`i!i4id€i?!YiE4Y'7"'4diJnlgyss>'r�'.71a+!iy'„i1ij=Sisaiki<r•SLY!!li:i'•"e!{::,••iI1W'?.ni77N,'•'"a••"••.hi,i1M�LQYS7u.;iii11L'^liipn`i'"iy;G?i1NKtl!ifiti:i°iEf+iS1lll;?4i#'�i3L�"'fi�•iiitr i ;Nir�;�4!iL'ili. `••`ii!i3lsiPi�fiiFkiF!'1111 i+gip ,., ,.i s}. Comments(referhto question#) Explain any�YES nsl ers and/o! any e%ccameMnd onor2any herlea nts: �.✓ �, V !!Useldrawings'oflfacilltyito�better as expla[n situations. (use additionalipages necessary): R0, �'i}1�{,1.1k ❑ Field Copy ❑ Final Notes .! .�6b 'R"'l!3 .i�$7�i�ilillTi)c��i7,,�ili7,'�1.Strilii�i!15=Ztz"!'fjd3j fN�, NOTES: -- Visit conducted concerning a fax received from Mr. Padgett about lagoon level being at 15 inches. -- It was reported that recent weather conditions and that an employee had left the logger on in one -building for 24 hours in order to clean building out before placing more hogs in. -- I inspected the fields and found waster ponding. (Items 1 &11) - Mr. Sumner reported that a serviceman told him that the lagoon level needed to be lower. -- Mr. Sumner reported that he pumped yesterday and that it had rained prior to application. ewer/Inspector Name E vj eerllnspector Signature: Date: 05103101 Continued Facili�y Number: 71-19 1 Date of Inspection 02/1I120fl3 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation'? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring.vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged fIl pipe or a permanent/temporary cover? [].Yes ❑ No Called Murphy -Brown to have someone come out. Ms. Dawn Williamson came out. She reported that Murphy -Brown does not encourage growers to pump in conditions that would violate Permit or CAWMP. Ms. Williamson said that she will help owner with POA for lagoon level. Took pictures and water samples. EED: POA for how lagoon level will be lowered appropriately. No more pigs are to be placed on farm until lagoon level is brought back down into compliance. Do not clean out remaining houses until lagoon is in compliance. Pigs ready for market were being removed from farm. 8) Dead hog needs to be removed from lagoon. Mr. Sumner mentioned that they are waiting for backhoe to be repaired. It appears that some of the risers might leak (as evident by the presence of green/black slim around hydrants). Also, there were places where the irrigation line was uncovered. Need. to check for leaks and cover irrigation line. I will request records such as irrigation records and freeboard later. I will check about 1 week later concerning the lagoon level. Any other problems arise, give me a call at (910) 395-3900 ext. 226. 05103101 } Gy ��r f Carolina Insurance Agency CAROLINA INSURANCE AGENCY 5776 US 117 SOUTH ; WALLACE, NC 28466 910-285-7441 STATE OF NORTH CAROLINA DEPT OF WATER QUALITY 2-10-2003 ATTN: STONEY MATHIS PLEASE BE ADVISED MY HOG LAGOON AT IS NOW AT 'APPROXIMATELY 15.00 INCHES AS OF EXCESSIVE RAINFALL ALSO AS RESULT OF ALLOWING FOGGERS TO RUN AN APPROXIMATE HOUR PERIOD DUE TO CLEAN OUT. PENDERLEA A RESULT EMPLOYEE TWENTY FOUR WE HAVE TAKEN PROPER AND CORRECTIVE MEASURES TO PREVENT THIS FROM HAPPENING AGAIN AS WE WERE MAINTAINING . AT APPROXIMATELY 23.00 INCHES ABOUT TEN DAY"S AGO. PLEASE BE ADVISED WE WILL BE TAKING CORRECTIVE MEASURES TO REDUCE THIS LEVEL IMMEDIATELY INVOLVING SPRAYING AND PREVENTING PONDING. IF YOU MIGHT HAVE ANY QUESTIONS PLEASE CONTACT ME AT 910-285-6266 EDWARD EARL "PETE" PADGETT PO BOX 478 WALLACE NC 28466 Month - Year .- Date Rainfall Lagoon Level Animal EPO'Pulation 2 3 ;2 4 o -7 52-- -?— /0 (D.7 _5 7 9 10 1 12 13 14 .16 16 17 18 19 20 21 22 L23 124 125' 2-0 27 28 29 30 31 Month _.. �.... .,......... _ --Year .. ...._. Date Rainfall Lagoon Level Animal Population - 1 2��ai 3 0 L 2-1 4 6 7 -2 _�- L �c 8�./ 9 � - --�. - a •z. '3 a .10 11, 12c _ _ Gam, �v 13 <_ 14 -L 3i:) 16-�o-�Z. 2 17 18C- 21 a _oz. ,2C� 22 / a 23��_ 24 25 26 z 27 / - 2,6 - c z L 28 1 29 - 2 30 31 �_ �� FORM IRR-1 Lagoon Liquid Irrigation Fields Record Rev4100 For Recording Irrigation Events on Different Fields Farm Owner Pete Padgett #2 Facility Number 71 - 19 Irrigation {operator FJ;dy Sumner Date (mm/dd/yr) Field Size (acres) Irrigation Time Number of Sprinklers Operating DR: 11197 FORM IRR-1 Rev4/00 Farm Owner Pete Pad eft Irrigation Operator lJody Sumner Lagoon Liquid Irrigation Fields Record For Recording Irrigation Events on Different Fields Facility Number 71 - 19 -�•f f C �___(acres) f - f- • - •: •ff/ Sprinklers Operating 1 ■_ � s IMF,_ 1 r DR: 11197 -t- 4 CONSULTING CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Chester Cobb Date Sampled: Sampler! By: WATER: Padgett # 2 �Fnvironmental Chemists, Inc. 6602 Windmill Way Wilmington, North Carolina 28405 (910) 392-0223 (Lab) • (910) 392-4424 (Fax) EchemW@aol.com NCDENR: DWQ CERTIFICATE #94, DL.S CERTIFICATE #37729 REPORT OF ANALYSIS 02/11/03 Chester Cobb Date of Report: February 17, 2003 Purchase Order #: Report Number: 3-0688 Report To: Chester Cobb Sample ID Lab ID Fecal Coliform, colonies/100 mL FPl 1803 700,000 est. FP2 1804 140,000 est. FP3 1805 72,727 DSl 1806 80,000 DS2 1807 36 US1 1808 18 Comments: Reviewed by: '� �"1 � �"} !�l-y' ('k frocil Sam le Collection and Chain of Custod Wilmington, NC 28405 Phone: (910) 392-0223 : n►CorNR..D--L- Qew..,1� T....d. 7 = i..i4.a.rF L` c YI p7..ank ) Won CT cCfw+om Cn =RAi!_'J� Cludop nfhpr. Sample Identification Collection � � a o � � a. •• A PRESERVATION ANALYSIS HIQvESTED o z as d Q o DATE TIME TEMP Flo /r o S � 1603 X G cP3 u 3: C 2EG $ 5 a �� G �0 ua J`1 C $ D� G 105 %I ICD G C P G G C P G G C P G 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: Datefi'ime 1. 2. - Temperature wh eceived: " - Accepted: ✓ Delivered By: Received By:. Comments:�f�t'zL1- ted• Resample Requested: s �S Date: //-03 Time: (o ; O DIVISION OF WA'l'E1( QtfA1A'1'Y Chemistry I.aboratom Report / R'elrr Quality O - SAMPLE TYPE COUNTY PENDER PRIORITY RIVER BASIN: El AMBIENT � QA � STREAM � EFFLUENT REPORTTO WIRO Regional Office MCOMPLIANCE CF IAIN OF CUSTODY ❑ LAKE 0 INFLUENT Other : ❑ EMERGENCY VISIT ID ESTUARY (.0l.I.F.CTOR(SI: CCOBB O FP! Lab Number 3WO972 Dale Received: 2/12/03 Time Received : 9:15 AM Received By DS Data Released AR Dale Reported : 2/26M3 Estimated DOD Range: Sratlan Lorollon: 1VAS7E PONUINA A'FFE-ILD Sred.- Chlerlaalyd; Remarks: .FPI a Date "int30�fmmlddy hate End (�}�Jmm7ddl Tlme Begin Tlmr F.nd Depth - DSI, DB, DBAI Valve Type - A• 11. I. Composile-T, S. B Samplr T) pe rl 211(130211 1350 0.1 SOD310 ni /L COD IIi h310 m /L COD Low 335 m /L Cdiform: MF Fecal 31616 11mid CnlifurM MF Total 315(11 11t0ld Calilo= tube Fecal 31615 l0uml Colifmrn: Fecal Sleep 31673 1100nil R.46lue: I Hal 5(E1 m 1. Volatile 5D5 m • L Fixed 510 mSIL Residue• Suspended 5.10 m L Volatile 535 m • L Fixed 540 nigIL F 1403 units Acidity to pH 4.5 4-16 m L Acidity to pli83435 m /L Alkalinity to pH8.3415 m L AllusliniLy to pH4.5410 m /L TOC 680 m L Turbidity 76 NTU Cdifnrm Total Tubc 100 nds COMPLIF.N'I S Chloride940 mg/ L Chla:1ri32217 u L Chl a: Corr 32209 u •/L 19xv hvtin a 32213 u L Color: True &I C.U. Cdur. 1{ &l H- C.U. Coin: pit7.6 82 c.u. Cranide 721) nirjI. Fluoride 951 m • I. Formaldchvde 7lPM nlrjL Grease and Oils 556 mpIL I{ardnems Total 901 m L rific Cond. 95 umhns cm2 MBAS Vi26D m L Phenols 32730 u L Sulfate945 m /L Sulfide745 m /L. Boron Tannin & Li nin u L liexavalcm Chromium u /L Bicarbanate m L Carbonate m • L X NH3 as N 610 400 m /L K T KN an N 625 440 ns • L x NO2 plus NO3 as N 630 6.D m •/ L x P: Total as P 665 29 m /L IC?( as P 705(17 ns • 1- P: Dissolved as P 666 m L K-Potassium ns L Cd-Cadmium 1027 u • I. Cr{hrulniumi Ibtat 10.14 u • L Cu- Cu 1D12 u L Ni-Nickel1o67 u L 11r Lead 1051 u L 7n- Zinc 1092 u L V-Vanadium o /L A -Silver 1077 u L Al- Aluminum 11f15 u /L Be- Ber1•Flium 1012 u /L Ca- Calcium 916 m /L Co- Cobalt1037 u /L Fe- Iton 1045 u L Li -Lithium 1132 u /L Mg- Maium927 m /L Mrs -Man arbLw 1055 u • L Na- Sodium 929 m L Ar. iic-.Total l(ID2 u L Sr Selenf on 1147 u L H - Mercury 7190D u /L Ila Barium u L Ur al wWornit PL5ticide5 Or n( hsrs horns Pesticides Acid I lerbicides Base Neutral&Acid Extractable Organics TPH Diesel Range Pur eabie Or anics VOA bottle r 'd TPH Gasoline Range TPH/BTEX Gasoline Range Phvro laakron 1:.,, t wh rt.. nNr v DIVISION OF ENVIRONMENTAL MANAGEMENT WATER ALI I LAl3 F m iDN11) . COUNTYPt Lab Number: i�(� E PRIORITY LE TYPE �{ Date ReceivMAD yI(]�TI. •1.CRIVER BASIN ❑AMBIENT ❑ QA STREAM EFFLUENT Rec'd b ;REPORT TO: ARO FRO FIRO RRO WaRO tl O SAO TS y j Fromp_>1u�-_o�lland ncl AT BM ❑COMPLIANCE TCIIAIN ❑ LAKE ❑ tNFLUENT DATA ENTRY BY: CH.. Other OF CUSTODY Shipped by: Bus Courier, Slail, Other n ❑EMERGENCY ESTUARY DATE REPORTED: COLLECTOAIS}: ^C��r�� \ _o ab ._'�iIf Estimated ROD Range: 0-5/S-25/25.65/40-130 of 100 plus STATION LOCATION: T� G (}—✓Fl� `/�+]t'4}r Seed: Yes [A No❑ Chlorinated: Yes ❑ No ❑ REMARKS: 5tatluu j/ Date Begin f��y77y/mm/d``dy TimeBeginDate End Time End Depll lit DB DBM Value Type Composite Sample Ty e A It L T S R C d'G 1 GN1{IC I RODS 310 mg/I 2 COD Illgh 340 mg/I 3 COD Low 335 mg/l 4 COIHorm: MF Fecal 31616 /100ml 5 Collform; MF Total 31504 /100nt1 6 Collform: Tube Fecal 31615 /100nr1 7 Collform: Fecal Slrep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I t d Fixed 510 mg/I 111 Residue: Suspended 530 mg/I 12 Volatile 535 'mg/I 131 Fixed 540 mg/I 14 pit 403 units 15 Acidity to pit 4.5 436 mg/1 16 Acidity to pit 8.3 435 mg/I 17 Alkalinity to pit 8.3 415 mg/I 18 Alkalinity to pit 4.5 410 mg/1 '1'9 TOC 680 mg/1 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: TO 32217 ug/l Clrl a: Corr 32209 ug/I Pheophytln a 32213 ug/I Color: True 90 Pf-Co Color:(plf 1 83 ADMI Color: pit 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oila 556 mgA Ilardness Total900 nrg/I Specillc Cond. 95 2 uDihos/cm MBAS 38260 mg/I Phenolm 32730 ug/I Sulfate 945 m2/1 Sulfide 745 mg/l NHS as N 610 mg/1 TIEN as N 625 mg/I NO2 plus NO3 as N 630 mg/1 P: Total as P 665 mg/1 PO4 as P 70507 mgA P. Dissolved me P 666 mgA CdCadmlum 1027 uqA CrChromlum:Total1034 ugA Cu-Copper 1042 up/I NMIckel 1067 ug/1 Pb-Lead 1051 ug/I Zn-Zinc 1092 u0/1 A9 Ilver 1077 ug/! Al -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca-Celclum 916 mgA Co-Coball 1037 ugA Fe -Iron 1046 u0A Li-Llthlum 1132 ug/t Alg-Magnealum 927 utg/I Mn-Manganeae 1055 ug/1 fin-Sodlum 929 mg/1 Arsenic -.Total 1002 ug/I Se-Selenlum 1147 ug/1 I Ig-Mercury 71900 ug/I Organochlotine Pesticides Organopiwspltorus Pesticide a Acid Ifeebiclde■ Same/ Neutral Extractable Organics Acid Extractable Organic@ Purgeable Organics (VOA bottle reg'd) Phytoplanklon Sampling P0I30 % Conductance at 25 C Water Temperature Cl D.O. mg/I pll Alkalinity Acidity Air Temperature JC) pit 8.3 pi1 4..5 pit 4.5 pit 11.3 2 94 10 300 I• 400 le 82244 431 82243 182242 20 Salinity % Preclpitlon (in/day) Cloud Cover % Wtnd Direction Q]eg} Stream now Severity Turbidity Severity Wind Vtloclly MAI can Stream Depth (I. Stream Wklth It, 490 45 32 36 1351 1350 13S 64 1 1 1➢mnD) " DIVISION OF WATER QUALITY Chemislry t..borstory Report I WRlrr Quoilty FE SAMPLE TYPE COUNT Y PENDER - PRIORITY RIVER BASIN: 0 AMBIENT 0 QA EJ STREAM ❑ EFFLUENT REPORT To WIRO Regional Office COMPLIANCE CHAIN OF CUSTODY LAKE ❑ INFLUENT Other EMERGENCY VISITID PSI-UARY COLLECTORISI: CCUBB FF2 lab Number : 3W0973 Date Received: 2/12/03 Time Received: 9-15 AM Received By DS Data Released : AR Dale Reported: V26.V Fall-sted ROD Range: S1R11nn Locallw WA51-E PONDINA BEFORE FLOWING INTO WOODS Send: Chlorinated. Remarks: St.11nn a Dale Begin 1}31mmfdd) ilatc End l 'lime Bell" lime End I Depth - DM, UH, DHftI v'alnr T}pe- A• I1, L Composlle-T, S, H Sample T5pr FI 2 2MI021 ] i m 0.1 LR )U 3111 m•/L COD IIi h3111 m L i COD Low 3,35 m L Coli&um: MF Feral 31616 I1Xlml Culiform: MF lntat 315(A imm1 Coliform: tube Feral 31615 llww Coliform: Fecal Strep 31673 /100m1 Residue: TDW 5W m /L Volatile505 m /L Fixed 510 m /L Residue: Suspended 53n m /L Volatile515 m /L Fixed 540 mg/ L ! 1 403 units Aciditvto pH4.5436 m /L Acidity to pli&.3435 m L Alkalinitvto pi18.3415 m /L Alkalinity to pt14.5410 m L TOC 690 m L Turbidity 76 NTU Carllform Tot l ulr IOU mI. COMMFN1S: C:LhuiJc9tn ui• 1. Cld a: -Fri 32217 u L C!d ar Corr 322119 u L 19no +lrvlia a 32213 u)- t. Color: 1 roe llll Cu. Color. }f 83 f[- C.U. Color. pH 7.6 82 C.U. Cvanide 721) m /L Fluoride951 m /L Formaldehvde 71R[kl m L Grease and Oils 556 m •/L Hardrx'ss Total9W m /L rific C.M. 95 usnhos cm2 MBAS 3826U m +/ L Phcnols3273U u /L Sulfate 945 m /L Sullide 745 m • L BIIroR Fannin & Li nin u L I tcxav alert Chromium ujtj L. niGlrlkir IC m •/l. Carlx+nale ni • L X NI11mN6111 41 m• !. I KN an N 625 58 rri • !. X NO2 plus NO3 as N6_Vl 18 m• L X P: Tutal as l• 665 15 m • L ;t14 as P 7U5U7 m • 1. P: Dissolved as P 666 m L K.Potassium m L Cd- Cadmium 1027 v /L Cr-Chromium:Total 1034 u L Cu. Copper 11112 u L Ni-Nickel1067 u /L Pb- Lead 1o51 us/L Zn• Zinc 1092 u v/L V-Vanadium u /L A-Silver1077 u /L Al- Aluminum 1105 u /L Br W"llium 1012 u L Ca. Calcium916 mg/ L Co - Cobalt IM7 u L Fe- Item IM5 u L LHAthium 1132 upj.I. Mg- Ma •ixxium 927 m • 1. Mn-Man a[xsc 1055 u /L Na- Sodium 929 m •/1. Arseniri FDtal IW2 u•/L S, Selenium 1147 u L H - Mercury 719UU u L Ba Barium u L Or anorhlorine Pesticides Or ano hos horns Pesticides Acid Herbicides Base Neutral&Add Extractable Organics TPH Diesel Range Pur eable Organics VOA bottle [ 'J TPit Gasoline Range rPH/BTEX Gasoline Range Ph to lankton For Lab Use ONLY DIVISION OF NVIIIONMEN I AL MANAGEMENT WATT; QLIALl i t-1E1- A[3 FORM iDD11) COUNTYC�E PRIORITY RIVER BASIN ❑AMBIENT ❑ ❑ REPOEPO111' 70: A110 f=HO MHO IIKO WaRO V O SRO TS OA STREAM EFFLUENT AT UM ❑COMPLIANCE19 CHAIN ❑ LAKE ❑ INFLUENT Other ❑EMERGENCY OF CUSTODY Shipped hy: Bus Caurler, Stall, Other ESTUARY Leib Number: Date Rccelved: % Tl1ne,3. Ree'd hY: J From: Bu -Courle land Del DATA ENTRY BY, Cl{: DATE REPORTED: COLLECT I(S): STATION LOCATION: L)�r Estimated not) Range: 0.515-25/25-65/40-130 or 100 plus Seed. Yea ❑ Na❑ Chlorinated: Yea ❑ No ❑ RCFIARKS: (�(rr �(� Date Begin 1yy/mm/ddy T1me Begin Dale End Time End Depil A DB Dim Value Type Composite Sample TUC A H L T S 9 C 1 GNXX -- - -- D3 r �'L l 1 l 11�{- 50 r l J BODS 310 mg/I 1 COD liigh 340 mg/1 2 3 COD Lour 335 mg/1 Coliforen: MF Fecal 31616 /100m1 4 5 Colllorm: MF Total 31504 /1001111 Colllorm: Tube Fecal 31615 /100m1 6 7 Conform: Fecal Slrep 31673 /10Om1 B Residue: Total 500 mg/1 Volatile SOS mg/1 9 10 Fixed 510 mg/I I I Residue: Suspended S30 mg/1 12 Volatile 535 mg/d 13 Fixed 540 mg/1 14 pit 403 units 15 Acidify to pll 4.5 436 tng/1 16 Acidity to pit 8.3 435 m0/1 1? Alkalinity to pit 8.3 415 tng/1 1 Alkalinity to pit 4.5 410 rrtg/I 19 TOC 680 mg/1 20 Turbidity 76 NTU Chiorlde 940 m11/1 Chi a: TO 32217 ug/1 Chl a: Corr 32209 u0/1 Pheophytln a 32213 ug/1 Color: True 60 Pt -Co Color:{pll 1 83 ADMI Color: pit 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/1 Formaldehyde 71880 mg/1 Grease and Oils 556 m6/1 hardness Total900 mg/1 Specldic Cond. 95 2 u><lhoa/cm MBAS 38260 mg/d Phenols 32730 ug/1 Sulfate 945 mo Sulfide 74S mg/1 N113 as N 610 mg/I TKN as N 625 mg/1 NO2 plus NO3 as N 630 mg/I P: Total as P 665 mg/I PO4 as P 70507 mgA P: DlssoIved as P 666 rng/1 Cd-Cedrnlum 1027 ugA Cr-Chrotndum:Total1034 u94 Cu-Copper 1042 USA NI- Nickel 1067 ug/i Ph -Lead IOSI ug/t Zn-Zinc 1092 uaA Ag Ilver 1077 ug/1 Al -Aluminum 1105 ugfl Be -Beryllium 1012 ug/I Ca-Cslclum 916 mg/I Co -Cobalt 1037 ug/1 Fe -Iron 1045 u8/1 1-I-1-11blum 1132 uO/1 Big-Magneslum 927 utg/1 Mn-Manganese 1055 ug/1 NA-Sodlurn 929 mg/I Araenle:Tolal 6002 ugll Se-Selenlum 1147 ug/I Ilg-Mercuty 71900 ug/I Organochlorine Pesticides Organophost4torus Pesticides Acid Ilmbicldes Base/ Neutral Extractable Organics Acid Extractable Organic& Purgeshle OrOanlcs (VOA bottle teg'd) Phyloptankton Sampling Point X Conductance at 25 C Water Temperature D.O. mgA pit Alkalinity Acidity Air Temperature ICI pit 8.3 pit 4.5 pit 4.5 pit 8.3 2 94 10 300 1• 400 1• 82244 431 82243 82242 20 Salinity i Preclpltlon On/Jay) _ Cloud Cover; Wind Directlun (I)egl Stream now Severity Turbidity Severity Wind Velocity MAI lean Strcaso Depth It. Strearo Width it. 480 45 _ 32 136 11351 1350 135 64 :4 4 DIVISION OF WATER QUALITY Chemlon Laharalaq Report I trader Qaaltly ' O SAMPLE TYPE COUNTY FENDER PRIORITY RIVER BASIN: AMBIENT O QA X❑ STREAM EFFLUENT RF.FORT70 : WIRO Regivna1011ice COMPLIANCE CIIAINOFCUSTODY LAKE ❑ INFLUENT Ulhrr IiMIiRGF.NCY VISI[ IU ISiUARY ('nLLiCI[1RI5) : CCU11R 1151 Lab Number : 3WO974 Date Received: 2/12/03 Time Received: 9AS AM Received By IDS Data Releaud AR Dale ltelxnllwl: 7n(J111 ` F.atlmoled 001) Range: Station Location: DOWNS[REAM FROM FEILD - Seed: ('hlarin nerd: Rrmvkr= Mail" N Dale Begin lylimmidd) Date End OTfmmldd) Time Begin Time End Depth - D1t, DR, DBM Value Tl pt- A. 11, 1. tinmposttr-T, 5, B Sample 7vpe [75i 21103021I t5[ki O.l BOU31U m L COU I li h 3m0 Mgt L CUD Low U5 m / L Coliform; MF Fecal 31616 lothnl Coliform: MF Total 31504 110ums Coliform: tube Fecal 31615 Ewml Colifotm: Fecal Strep 31673 11wrni Residue- Total 500 m /L Volatile 505 m /L Fixed 510 m L Residue: Sus « 1530 m L Volatile535 mSIL NxLtd 5411 m L 114411 units Acidity to pl14.54M L -MU Acidity to pli83435 m L Alkalinity to pH 83 415 m /L Alkalmi to pYf 4.5 410 m /L TOC 680 m / L lurbiadity 76 NTU Colifnrm Total Tube 1110 MIS COMMENTS: Clduride940 Mg/ L Chl a: Tri 32217 u / L CIA a: Corr 32209 u L 1'heu hvtin a 32213 u L Culnr True 80 C.U. . Calm: II 83 ' H- C.U. Color. Of 7.6 82 C.U. Cvanide720 m /L FluoTide951 mg/ L Formaldehvde71FM mg/ L Grease and Oils 556 m /L Ilardne4%'Tolal9W m /L Su ifiCCrmJ.95 umtltx cm2 Al IIAS 382r,n m • 1. I'Ilemlts 3273U v L Sulfate945 m L Sulfide 745 m /L Horan Tannin k Lignin u /L I lexavalent Chromium u L Bicarlxtnate m L Carbonate m L X NH3asN610 17 to /L X IKNanN625 29 mg/ L % NO2 plus NO3 as N 6-10 12 m /L X P. Total as P 665 9.9 m /L KM as P 70507 m L P: Dissolved as P666 m /L K-Potassium m /L Cd- Cadmium 1027 u L Cr-Chromium:Tota110M u /L Cu-Copper10J2 u L Ni-Nickel1067 u /1. 111. LA -ad 1051 u+/L Zn- Zinc 1092 u L V-VmuJium u 1. A -Silver 1077 urj L Al- Aluminum 1105 u L B-Brrvlliurn1012 u /L Ca-Calcium916 m /L Co- Cobalt 1037 u L Fe- Iron 1a15 u L Li -Lithium 1132 u L Gig - Magnesium 927 m•/L Mn-Manganese 1055 u /L Na. Sodium 929 m L Amcnic:Tola11002 u /L Se- Selenium t147 u L H - MeFCUTY 71900 u L Ba Barium u /L Or attachlorine Pesticides Organophosehoms Pesticides Acid I letbicides IL w NrvlTalkACid Extractable Or auir� I NI Diesel Ranre Put eable Organics VOA bottler 'd TPH Gasoline Range 1PH/BTEXGasoline Range Photo lankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATER UALIT FlEt. AR FD M11) COI,i j E. PR(ORiTY SAMPLE TYPE cam` RIVER BASIN ❑AhSB1ENT ❑ QA W STREAM ❑ EFFLUENT REPORT 70: ARO FRO MHO RRO WaRO V O 5R0 7'5 A7 BM- ❑COMPLIANCE [ZCIIAiN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: Bus�C- COLLECTORm..urier, Staff. Ott7her !2L ❑EMERGENCY ❑ESTUARY Cf � 47� STATION LOCATION: tJ J P m R Estimated BOD Range. 0-5/5-25/25.65/40-130 or 100 plus Seed: yen ❑ No❑ Chlorinated: Yee ❑ No ❑ REMARKS:r 5utlun f/ Date Begin ivy/mm/ddl Time Begin Dale End JTLne End neptl D nH -- . 103 , 07- 1 ( 12500 1 BODS 310 mg/l COD Illeh 340 mg/i 2 3 COD Lout 335 mg/I Coliform; MF Fecal 31616 /100ml 4 5 Coliform: MF Total 31504 /10010 6 Coliform; Tube Fecal 31615 /IOOnil Colllorm: Fecal Strop 31673 /100en1 7 g Residue: Total 500 n1g/f Volatile SOS me/1 10 Fixed 510 mb/I 1 1 Residue: Suspended 530 nrg/1 12 Volatile 535 'mg/I 13 Fixed 540 mg/1 14 pil 403 units 15 Acidity to pit 4-5 436 mg/I 16 Acidity to p11 8.3 435 mg/1 1 Alkalinity to pll 8.3 415 Ing/I 18 Alkalinity to pit 4.5 410 mg/l 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/1 ChI a: TIN 32217 ug/1 Chl a: Corr 32209 ug/I Pheophytln a 32213 ug/I Color: True 80 Pt -Co Color:lµll 1 83 ADMI Color: pit 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/1 Gteaee and Oils 556 mg/I Ilerdness Total900 mg/1 Specillc.Cond.95 2 uhihos/cm *AS 39260 mg/I Phenols 32730 ug/I Sulfate 94S mgA Sulfide 745 mg/l Fnr Lat. Its. r1N1 V Lab Number: Date Received7")l : (� Time- / Rec'd by: from: Bus Doric -hand fie! DATA ENTRY BY: CK: DATE REPORTED: � FvF�D DBM Value Type A- If L NI13 as N 610 mg/I TKN as N 625 me/1 pica NO3 as N 630 mg/1 ffNO2 P: Total as P 665 mg/i PO4 as P 70507 neg/I P. Dissolved a■ P 666 mg/I CdCedmium 1027 ug/I CrChromlum:Tota11034 ugA CuCopper 1042 ug/1 NI-Nlckel 1067 ug/I Pb-Lead 1051 upA Zn-Zinc 1092 ug/1 Ag Ilver 1077 ug/1 AI -Aluminum 1105 ue/I be -Beryllium 1012 ug/I Ce-Calcium 916 mg/1 Co-Coball 1037 ug/I Fe -Iron 1045 ug/I , Composite Sample Ty e T_ S B C G GNxx LI-Lltlelum 1132 ug/l Mg-Maunesdum 927 mg/I Mn-Manganese 1055 ug/t No-Sodlurn 929 rnp/I Arsenfc:Total 1002 ug/I Sa-Seleulum 1147 up/I Ile -Mercury 71900 uu/1 Organochlodne Pesticldas Oeuanoltleaglmrus PeslkWes Acid Ileeblckle■ Base/ Neutral Extractable Organics Acid Extractable Organic@ Purgeable Orgenics (VOA bottle reg'dr PhVtoplanklon Sampling Point di Conductance at 25 C Water Temperature JCJ D.O. negA Did Alkalinity Acidity Air Temperature IQ pl1 83 pi1 4.5 pet 4.5 pit 8.3 p 94 10 300 I. 400 1. 82244 _ 431 82243 J82242 20 Satinity tl Preelµltlon OC✓dayl' Cloud Caves X Wind Dhecttan t0egl Sitcom flow Sevedly Turbidity Severity Wind Velocity MAI lean Stream Depth (I. Streane Wklth ft. 480 45 32 36 1351 1350 35 64 11 4 DIVISION OF WATER QUALITY Chemistry Lahoralory Rrpart ) ❑ater Oadltr 1V SAMPI.ETYPE :OVNTV PENER PRIORITY OVER BASIN•: AMBIENT QA X STREAM � EFFLUENT tF.PDRT70 WIRO Regional Office COMPLIANCE CIIAINOFCUSIODY LAKE INFLUENT 1[her . EMERGENCY VISIT ID O ESTUARY :OI.LECI ORIS) : C COBB DS2 iatlmalyd ROD R..Ze: Sd(lnn I ocaelnn: Ue)WNSIRL'AAf A'I'SR I.1W Seed: Chlorinated: Reenvks: 1a11an 0 bale Begin ft)1wuWddl Uate Find (sr7mrrnldd) T Imr OrRln 'T ime Fad Depth - 0M11, bR, OBM Va1vr Tope - A, 11,1. ComposltrT, S, R Semple Tgpr 52 2LXM211 1710 0.1 DOD 310 m L COD Ifi ]s340 m L CUD Low 335 m + L Colifnrm: MF Fecal 31616 IWnd Colilmm: MF Total 31501 100m1 Cofifotm: tube Fecal 31615 Jim" Coliform: Fecal Ste 31673 100nd Residue: ToW 50D m L Volatile5U5 m /L Fixed 510 m L Residue: Suspended SM m L Volatile 535 m L Fixed 540 MAIL H 403 units Acidic top_" 4.5 436 m L Ackli to t f 8.3 M m L Alkalinity to lf83415 m L Alkalinity to f 14.5 410 m L l OC 680 rn L furbidity 76 NTU Coliform Total Tube IDD mLs OM1I141F.WI S : Chloride9}l1 m /L Chl a: Tri 32217 u L Chl a: Corr .1221N u L I+Ixt Awtin a 32713 u • L Color: True Ipl C.U. Color. If W, H- C.U. Color. 11 7.6 82 c.u. Cyanide 720 m /L Fluoride951 m L Fnnw1dehyde 71660 ru• L Grease and Oils 556 mg/ L Hardness Tuta1900 m 1. Specific Cond. 95 un+os cm2 MDAS 38260 m / L Phennls32710 u L Suffate 945 n1 L Sulfide745 m L Boron Tannin & lJ nin u L }lexavalenl Chromium u L Bicarbonate m 1. Carl-tumv 111• 1. X NH3asN610 0.03 m /L )i TKN an N 625 0.54 no L X NO2 plus NO3 as N 630 0.74 m L X P: Total as 1' 665 0.13 m L PO4 m P 7M7 m / L P: DLsolved as P 666 m L K-Potassium mg/L Cd- Cadmium 1027 u /L Cr-luomium:Total1034 u /L Cu-Co i072 u L Ni-Nickel1067 u L PbLead 1051 u /L Zn- Zinc 1092 u L V-Vanadium u L A -Silver 1077 u L At- Aluminum 1105 u L Be- Dervllium 1012 u L Ca-Cakium916 m L Co-CuW111037 u /L Fc- Iron IM5 u L I.abNumber 3W(197fi Date Received: 2/12/03 Time Received: 9:15 AM Received By DS Data Released : AR _/!.••� L}alc Reported: 2R6/Oi C. JN"t'J Li -Lithium 1132 u L Mg- Maium927 nt L Mn-Manganese 1055 u L Na- Strlium 929 In L Arsenic:Total1002 u L Se-Selenium1147 u L II . Mercury71900 u L Ba Barium u L Or anucidorine Pesticides Ch ano hos horus pesticides Acid Herbicides Base Neutral&Acid Exlractahle Or antis UPI Diesel Ran e Cur eable Organics VOA bottle [ 'J TPH Gasoline Range l'PI I B'T'EX Gasoline Range Ph •to ianklon DIVISION f_'-F ENVIRONMENTAL MANAGEMENT WATER UALI ' FIE -LAB FORM (DNII) COUNTY L PRIORITY SAMPLE TYP£ . RiVER BASIN ❑AMBIENT ❑ STREAM ❑ EFFLUENT REPORT TO: ARO FHO MHO RHO WAHO V O SRO TS QA AT BM ❑COMPLIANCE 19CIIAIN ' ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: live Courier. Stall. Other ❑EMERGENCY ESTUARY COt_LEC7OR(SI:,� E.Ilmaled ROD Range- 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATIO(N�: F L% Seed: Yen (_J No Chlorinated: Yee ❑ Na ❑ REAiAIIHS: [JG�. '� L'S L_= Fer I.ab it.. nNi v Lab Number• Date Received: Time. Rec'd bqf)�s Ftoen:_flu -Caurle Iland Del DATA ENTRY BY: CIS: DATE REPORTED: SlaIIon { Date 7Begin (yy/mm/dd) I Time Begin Date End Time End IDepild)—l'"ll DHM Value Type It. Jl D'J o` O I A If L 1 BOD5 310 mg/1 2 COD Illgh 340 mo/I 3 COD Lour 335 mg/1 4 Colllorm: MF Fecal 31616 /1001"1 5 T Co111orm: MF Total 31504 /1001111 6 Coliform: Tuba Fecal 31615 /100ml 7 Conform: Fecal Strap 31673 /100ml 9 Residue: Total SW mg/1 Volatile 505 mg/I {' 1 l Fixed 510 mg/I Residue: Suspended 530 mg/I 12 — — Volatile 535 'mg/I 13 Fixed 540 mo/l 14 pit 403 units 15 Acidity W pli 4.5 436 mg/1 16 Acidity Io pit 8.3 435 mp/I 17 Alkalinity to pit 8.3 415 mg/I _ 18 Alkalinity to pip 4.5 410 tttg/I 19 TOC 680 mg/1 201 1 Turbidity 76 NTU Chloride 940 mg/I Chi a: Trl 32217 ug/I Chl a: Corr 32209 ug/1 Pheophylln a 32213 USA Color: True 80 PI -Co Color:lpll 183 ADMI Color: pit 7.6 82 ADMI Cyanide 720 mg/I Fluorkle 951 mg/I Fotmaldehyde 71880 mg/1 Grease and Oils 556 mg/I Ilardness Total900 mg/I Specltic.Cond.95 ublftos/cnt2 MBAS 38260 mg/l Phenola 32730 ug/I Sulfate 945 mail SuTflde 745 mg/1 N113 me N 610 mg/i THN an N 625 mg/I NO2 plus NO3 as N 630 mg/I P. Total as P 665 mg/1 PO4 as P 70507 moil P: Dissolved its P 666 1"o/1 Cd-Cadmium 1027 up/1 Cr-Chromlum:Total1034 ug/1 Cu-Copper 1042 ug/l ml,Nlckel 1067 ug/1 Pb-Lead 1051 ug/I Zn-Zlnc 1092 ugA Ag- ilver 1077 ug/I' AI -Aluminum 1105 tag/I Be -Beryllium 1012 ug/I Ce-Calclum 916 moil Co -Cobalt 1037 ug/l Fe -Iron 1045 up/I Composite T S B Sample Ty e C GNXX j 11 Li-LltltlumLt 1132 u0/) big-Magneaium 927 mg/I Mn-Manganese loss ug/I Na-Sodlurn 929 mg/I Arsenic:Tolal 1002 ug/1 Se-Selenlum 1147 up/I fig -Mercury 71900 tag/T Organochlorine Pesticides Organoptltoalliorus Pesticides Acid iletblcldes Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoptanklon Sampling Point x Conductance at 25 C Water Temperature 40 D.O. mg/f ill Alkalinity Acidity Air Teutperalure IC) pit 8.3 p.l1 CS pit 4.5 ill 8.3 2 94 10 300 la 400 le 02244 431 82243 102242 20 Salinity X Preclpltlon (In/day) Cloud Cover % WbO Direction (Deg) Stream now Severity Turbidity Severity Wind Velocity MAI Nlean Stream Depth it. Strentu WWW It, 400 45 32 136 13SI 1350 35 64 4 MV]SION OF WA'1'Ell QtlA1,TFY Vhemisln I.ahnr afnrN Report I R'alrr Qualify 1V SAMI'LET'YPE COUNTY TENDER PRIORITY RIVER BASIN: ❑ AMBIENT F-1 QA R❑ SfREAKI EFFLUENT REPORT TO WHO Regional Office 0 COMPLIANCE a CIIAIN OF CUSTODY � LAKE El INFLUENT Other El FAIERGF:NCY VISIFID ESTUARY COT.LECIOR,S) : CCOBB USI i I, b Number : 3W0975 Date Received: 2/ 12/01 Time Reccivad : 9u15 AM Received By DS Data ReleaxO . AR Dale Reprut d : 212603 epL Estimated ROD Range-. Station L"mion: UFSTREAM Seed: Chlorinated: Remarks: 512196n N Deft 9egin (y?1mm/dd] Uate End (»Immldd) 1"Irne ReItin Time End Depth - DM, DR, DBI11 Vdae Type - A• U. 1. Compasltr-T, 5, B Sample T]pe USl 20M211 1510 1 1 1 B00310 m /L COD Ili h340 m L CODiaw:ll5 m L Colifnmt: N11'Fecal ,1161fi 101hn1 Coliform: MF Toal 31503 I(Xhnl Colitorm: tube Fecal 31615 IWtnI Coliform Fecal S(Tep 31673 1100ml Residue: Total 500 m L Volatile505 m L Fixed 510 mU L RcsiJlm:Sus ed 530 m L Volatile 5.15 m L Fixed 540 m L PI 1403 units Acidity to pli4.5436 m L Acidity to pl18 3435 m L Alkalinity In pf1 83415 m L Alkalinityta I14.5410 m /L -Ioc m L Turbidit • 76 NTU Colifurm Total Tube 100 mis COTIMF.NI S : Chloride940 m /L Chl a- Tri 32217 u / L Chl a: Corr 32209 u L l'1.y. hvtin a 3220 u I- Colur: True SO c.u. Color. !i Sl pit- c.u. Color. pi 17-6 82 c.u. Cvanide 720 m L Fluuride951 m L Formaldehyde 71880 m L Grease and Oils 556 m L Hardness Tma! 9tX1 m L rific Cond.95 umhos cm2 h16AS 3826U m •/ L McnolsW..W u /L Sulfate945 m /L Sulfide745 m /L Boron Tannin dr Li nin u+ L f icxavalcnt Chromium u L Bicarbonate mg/ L Carlxmate mg/ L C NlDasN610 0.02 mg/ L X I KNanN625 0.65 mg/ L R NO2 plu, NOS a+ N 61f1 0.42 m • L X 1':'TalalasP(AS 0.11 to•/1. 1'01 as 1' 7007 m / 1. P- Dissolved as P 666 mgl L K-Potassium m L Cd- Cadmium IU27 u /L Cr-Chromium Total10M u /L Cu- COPEF M2 u /L Ni-Nickel T067 u /L M Lcad 1051 u /L 7� Zinc 1092 u L IV -Vanadium u L AR- Silver 1077 u /L Al. Aluminum 1105 u L Be- Beryllium 1012 v /L Ca- Calcium 916 m L Co -Cobalt 1037 u L Fe -Iron ]015 u L Li -lithium 1132 u L NI - Ma Ixsium 927 m L hln-Man pxs. 1055 u • L No- S.xlium 929 nt I. Arscnic:Iblal IIXR u L Se -Selenium 1147 u /L 11 - Memury 71900 u /L Ba_Barium uyl L OrganuchlGrim Pesticides Organophosphorus Pesticides Acid Ilerbkides Base Neulra1&AciJ Extractable Organics I PH Diesel Range Par cable Or anics VOA bottle r 'd TPH Gasoline Range TPI I/ B'TFJC Gasoline Range Phvto lankton DIVISION O:' ENVIRONMENTAL MANAGEMENT WATER AL1TY IEL S f OR (Dh11) COUNTY (�� PRIORITY SAh1PLE TYPE "'►S� RIVER BASIN }' REPORT TO: ARO FRO MRO HHO WaRO V O SRO TS ❑AKIBIENT ❑ QA � STREAM❑EFFLUENT AT SM ❑COMPLIANCE YCIIAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by: Bus Courler, Staff. Other EMERGENCY ESTUARY COLL.ECTOR(S): Estimated HOD Range: 0-5/5-25/25-65/40-130 or 100 plus Seed: Yee ❑ NOD Chlorinated: Yes © No ❑ For Lab Use ONLY Lab Number: Date Received: Tim . Ree'd h ; From: HuseCouglewand Del DATA ENTRY BY: CIE: DATE REPORTED: itaUun ii bate Begin (yy/mm/dd} Tllmee Begin Date End Time End Deplf b DB DBM Value Type Composite SampEe Ty e 03c 15 0 I A 11 L T S D C G GNXX 1 SODS 310 mg/I 2 COD 111911 340 mg/1 — 3 cot) Low 335 mq/1 �4 Collforrn: MF Fecal 31616 /100m1 5 — Colliarm: RIF Total 31504 /100101 G Colllorm: Tube Fecal 31615 /IOOmI 7 Colllortn; Fecal Strap 31673 /100m1 11 Residue: Total 500 mg/l 9 Volatile SOS mg/f 10 Fixed 510 mg/l 1 I Residue: Suspended 530 mail 12 Volatile 535 mg/I 133 Fired 540 mg/I 14 pit 403 units Is Acidity to pll 4.5 436 mg/I �16 Acidity to pit 9.3 435 mg/I 17 Alkalinity to pit 8.3 415 ma/1 11I Alkalinity to pit 4.5 410 mg/1 19 TOC 680 m9/1 20 Turbidity 76 NTU Chloride 940 mail Chi a: TO 32217 u0/1 C1.1 ■: Corr 32209 ug/I 11heophytln a 32213 ug/l Color: True 80 PI -Co Color:fpll } 83 ADM] T Color: pit 7.6 82 ADML Cyanide 720 mail Fluoride 951 mg/I Formaldehyde 71 Rao mail Gramme and 011■ 556 mg/1 hardness Total900 mg/1 Specific Cond. 95 2 uDlha■/cm bJBAS 38260 mg/1 Phenols 32730 ug/f Sulfate 945 mail Sulfide 745 mail N113 as N 610 ma/I TIEN as N 625 mail NO2 plus NO3 as N 630 me/I P: Total as P 665 mp/1 PO4 as P 70507 mo/I P: Dissolved as P 666 mg/1 Cd-Cadndum 1027 ugA Cr4Chromlum:TotaI1034 u9A Cu-Copper 1042 ug/I NI-tilckel 1067 ug/t Pb-Lead 1051 ug/! Zn-Zlnc 1092 ugA Ag liver 1077 ug/l At -Aluminum 1105 ua/I Be-Berylllum 1012 ug/I Ca-Calclum 916 m0/1 Co -Cobalt 1037 ug/1 Fe -Iron 1046 ua/I 11-1-ithlum 1132 ua/I MU-Mmaneslum 927 ilia/! h111-Manganese 1055 ug/I No-Sodlum 929 m0/1 Atsenlc:Total 1002 lip/1 Se-Selenlum 1147 ug/1 Ilg-Mercury 71900 ua/I Otganochlorine Pesdcldes On3anoplwsplwrus PWICldes Acid Ileibklde■ Base/ Neutral Extractable Or:tanlCa Acid Extractable Organics Purgeable Organics (VOA bottle teg'd) phyloptanklan C Water Temperature (C) D.O. mg/1 FA Alkalinity Acidity Ali Temperature (C) Samplln8 Point 2 Conductance at 25 ,At 83 pll 4.5 pi CS pit 6.3 2 94 10 300 1• 400 i• 82244 431 82243 182242 20 Salinity X Pteclpltlon On/dey} Cloud Covet X Whtd blrecaun (Deal Stream now Severity Turbidity Sevettly Wind Velocity RAI men Slieatn Ikpth It. Stream Width it. 400 45 32 136 11351 _ 1350 135 64 14 C_A TW 07 CUSTODY - rn-.. lnvestipt{a : c. Samples collected �ab OnlyStatic=. Lab' No. � ha. � azi Mt! fa:_s cc—leted Ek� F- �,- Station I.Zcatiaa by: W- 0 Q e? p;I � Ho. c: � Date � T{tee 1 Battles ! F-P 1- 1 i, Wiz' rzcM 7 I u O ! S0 I rp 1 U)NSt- ot�1� C-ORECL.Ou2 "'� a I I4501 Fgo 15001 U52 I �:],�sTR�R 121« l��,l 1510 ! 1 3u)Qq7b1 a6 2. S� 12 a 1 i 01 I I •. ! I I _ 1 1 1 1 ti`i qci: sheA (smature F ce d by{Si e) : ate / TL-s f - ' .5 Re_ by 1 f Rec by I ! R.ec by (Lab) ! / .ethod of Shi-�=eat: G.1R47L I j'cP r Se -al b 1: I 5ecuritiv T"e ind Condition: Lack bv: Broken b oven bv: I T _+ A ITS? nrLy I..ab i s . lie. ' :`:G;. Tf::ouh I Ca tzizel a I Re-1 : cui4hed by Received by i Date / TLe I of 19.29 , m 1 �• I 1 1 � /' 1 I I F., I I ! � I 0. • I I ' � Carolina Insurance Agency CAROLINA INSURANCE AGENCY 5776 US 117 SOUTH WALLACE, NC 28466 910-285-7441 STATE OF NORTH. CAROLINA DEPT OF WATER QUALITY 2--10-2003 ATTN: STONEY MATHIS PLEASE BE ADVISED MY HOG LAGOON AT IS NOW AT APPROXIMATELY 15.00 INCHES AS OF EXCESSIVE RAINFALL ALSO AS RESULT OF ALLOWING FOGGERS TO RUN AN APPROXIMATE HOUR PERIOD DUE TO CLEAN OUT. PENDERLEA A RESULT EMPLOYEE TWENTY FOUR WE HAVE TAKEN PROPER AND CORRECTIVE MEASURES TO PREVENT THIS FROM HAPPENING AGAIN AS WE WERE MAINTAINING AT APPROXIMATELY 23.00 INCHES ABOUT TEN DAY"S' AGO. PLEASE BE ADVISED WE WILL BE TAKING CORRECTIVE MEASURES TO REDUCE THIS LEVEL IMMEDIATELY INVOLVING SPRAYING AND PREVENTING PONDING. IF YOU MIGHT HAVE ANY QUESTIONS PLEASE CONTACT ME AT 910-285-6266 EDWARD EARL "PETE" PADGETT PO BOX 478 WALLACE NC 28466 3SJ q `enviroc -em 0r�0R Sample Collection and Chain of Custody a zoo ©F M4 re x-, Cau Qumnle Tvnpe .I = Influont_ F. = IMIttnnt_ W =Weil_ QT =Stripsm- W ) =Anil_ QI,=- Riudge Chhpr_ vvvr TV u.y....0 TV ay Wilmington, NC 29405 Phone: (910) 392-0223 Sample Identification Collection -1 A l 1 ILo 0 0 .1 I A PRESERVATION ANALYSIS IMQUMUD z § a z p DATE TIME TEMP FPS "a st C I63 AT G ff'2 5 � tip p G OAF3 �. 5 C Fj 65 dP G C G C 8 O G Gl �� 5 / GAz C P G G C P G G C P a G - G C P I -T. G G NOTYCE — DECHLORINATION : Samples for Ammonia, TKN, Cyanide, Phenol, and Bacteria must be dechlorinated 0.2 ppm or leas In the field at the time of collection. See reverse side for instructions. Transfer Relinquished By: Date/Time Received By: Date/Tlme 1. 2. Temperature wh ecelved: `""�- Accepted: ✓ Re j cted• Resample Requested: Delivered By: Received By: tiS Date://�0 Time: (v (� Comments: OM FAX NO. : 2857408 Carolina Insurance Agency CAROLINA INSURANCE AGENCY 5776 US 117 SOUTH WALLACE, NC 28466 910-285-7441 Feb. 10 2003 11:44AM P1 STATE OF NORTH CAROLINA �. DEPT OF WATER QUALITY 2-10-2003 CATTN-- STONEY MATHIS PLEASE BE ADVISED MY HOG LAGOON AT PENDERLEA IS NOW AT APPROXIMATELY 15.00 INCHES AS A RESULT OF EXCESSIVE 'RAINFALL ALSO AS RESULT OF EMPLOYEE ALLOWING FOGGERS TO RUN AN APPROXIMATE TWENTY FOUR HOUR PERIOD DUE TO CLEAN OUT. WE HAVE TAKEN PROPER AND CORRECTIVE MEASURES TO PREVENT THIS F'ROM HAPPENING AGAIN AS WE WERE MAINTAINING AT APPROXIMATELY 23.00 INCHES ABOUT TEN DAY"S AGO. PLEASE BE ADVISED WE WILL BE TAKING CORRECTIVE MEASURES TO REDUCE THIS LEVEL IMMEDIATELY IlWOLVING SPRAYING AND PREVENTING PONDING. IF YOU MIGHT HAVE ANY QUESTIONS PLEASE CONTACT ME AT 910-28S-6266 fp / r EDWARD EARL "PETE" P GETT PO BOX 478 WALLACE NC 28466 za° � 35�.101 9iU' CONSULTING IgI FEB 212003 CHEMISTS Customer: NCDENR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Attn: Chester Cobb Date Sampled: Sampled By: WATER: Padgett # 2 nvironmental Chemists, Inc. 6602 Windmill Way - Wilmington, North Carolina 28405 (910) 392-0223 (Lab) - (910) 392-4424 (Fax) EchemW@aol.com NCDENR: DWQ CERTIFICATE #94, DLS CERTIFICATE #37729 REPORT OF ANALYSIS 02/11/03 Chester Cobb Date of Report: Purchase Order #: February 17, 2003 Report Number: 3-0688 Report To: Chester Cobb Sample ID Lab ID Fecal Coliform, colonies/100 mL FP1 1803 700,000 est. FP2 1804 140,000 est. FP3 1805 72,727 DS1 1806 80,000 DS2 1807 36 US1 1808 18 Comments: Reviewed by env �ochem- so M L+ 1' Y 1 KUnf fVl IC.1� d AL LriL< 1Vf 1� ! �, Sample Collection and Chain of Custody �0 2::�-roO OF t4i25e- Qa44-4-ry Rumn1P Tvna• T = Tnil.:nnt. F. = F.Mmant. W .—Wp11- QT =4trp-am- %n=S"nil_ Si:— fihEdae nthnr_ 66i�2 Windmi�i 11Vsy Wilmington, NC 28405 Phone: (910) 392-0223 Sample Identification Collection M � 1:6 o I U a �� 9 Q PRESERVATION ANALYM nQUESM x a C$ d as O DATE TIME TEMP C cy 153 G fP2 a G cjwla 2 it D C 0,S G 3 W0 �7 C g G �SZ uo C g D G �Jr1 r JG C G C P G G C P G G C P G 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: Datefrime 1. , 2. Temperature wh eived: Accepted: Delivered By: Received By: Comments: ted• Resample Requested: Date: d�//—o3 Time: Lv: U EWPORTANT NOTICE North Carolina Division of Water Quality (DWQ) is strictly enforcing EPA regulations for sample collection and preservation. Client Must Provide the Following Information : 1. AW_ .E ID CATION (Container Associated with requested testingj . 2. SAMPLE TYPE (Composite,, Grab, Water, Sod., etc.) 3. DATE COLLECTED 4. TR E COLLECTED 5. SAMPLE COLLECTOR 6. PRESE1tVATION (Including Temperature and pH ) Tem eraturc I _Samples MUST be refiigerated or received on ice between 2 and 6° Q Samples received within two (2) hours of collection must slow a downward trend. Therefore, please record temperature at collection in space provided on collection sheet. gH : _A two (2) Hour limit to chemically preserve samples by pH adjustment is allowed, except far metals samples reported to the Groundwater Section which must be acidified at the time of collection. DEC13LQRINATION �INSTRII MM'3 CAMO_M- DO NOT Mix thiosulfate with acid in bottle before collecting sample as a violent reaction will occtir. DIGNorinating Sam lea that Regaire Acid Preservation 1. Add 4-5 granules ofthiosulfate to a bottle with no acid preser►+atm ( unpreserved BOD/ TSS bottle). 2. After mixing to disslove the thicsulfate, pour half ofthe sample into a battle cog acid as a preservative ( AmmaniarTKN) 3. Then completely fill both bottles with -fresh sample. 46 1 ' The Laboratory will verify and document the above requested information. rSf. NCAC 2H.0805 g) (2) M " At any time a laboratory receives samples which do mot meet sample ecilectian, holding time, or preservation requirements, the laboratory must notify the sample colledor or chart and secure another sample if possible. If another sample cannot be secanred, the original sample may be analyzed, but the resuks reported must be qualified with the nature of the infiaar�(s). And the W=atory must notify the State Laboratory about the inffractian(s). The notification must include a statement indicating camxtive aeons taken to prevent the problem for future samples. ref. NCAC 2H.4805 W (Z) M " - DIVISION OF \VA'STA QUALITY Chemistry Laboratory Report f R'aler Quality Q SAMPLETYPE COUNTY PENDER PRIORITY RIVER BASIN : AMBIFNT O QA : STREAM EFFLUENT RF.PORTTO WIRO Regional Office COMPLIANCE. Ej CIIAINOFCUSTODY LAKE INFLUENT Other : EJFKIFRGFNCY v1SITlD ESTUARY UOLI,ECTOR(S) ; CCOBB Lab Number : 3WO972 Date Received: 2/12/03 Time Received: 915 AM Received By DS Data Released : AR Date Reported: 2126+93 Estimated ROD Route: Slatlan I.ocstian: WASTE 1'ONDINA AT FEILD Serd: Chlarlawd; Remarks; Station 0 Dale Begin lgyimm/ddl Date F.ad (y)'lmmldd) Time Betio Time End Depth - b>•1, DR, pBAI Value Type - A. IT,1, Comptnite-T, S, B Sample Type FPI 20030211 I350 0.1 BOD 3l0 m L CODIIi h3f0 m /L COD Low 335 m L Coliform: MF Fecal 31616 110unil Coliform: Mr Total 31504 Iftid Coliform: tube Fecal31615 /100mi Coliform: Fecal Stye 31673 100od Re•sleluc: I otal RX) L Volatile 50 m L Fixed 510 mg1L Residue: Sus nded 510 m L Volatile535 m L Fixed 540 m L ! 1403 units Acidity to pH 4.5 436 m L Acidity to EH 83 435 m L Alkalinity to pHB3415 m L Alkalinity to pH4.5410 rngll TOC 680 m /L Turbidity 76 NTU Coliform Total Tube '/ 101IM6 COMMENTS : Chloride 940 m L Chl a: T6 32217 u L Chi a: Corr 32209 u L Cleo, hvtina32213 u L Color: True f10 C.U. Color: lI V Pli- C.U. Color. P117.6 82 CAL Cvanide 721) m 1. Fluoride 951 m 1. Formaldehyde 7llttl0 m /L Grcaw and Oils 556 mFJL Ilardmss Total900 m /L S cific Conti. 95 umhas cm2 MBAS38260 - m L Plx lwls 32730 u L Sulfate945 mg/ L Sulfide745 m /L Baron Tannin & Li in u /L HexavalentCluomium u L Bicarbonate m L Carbonate nt /1- X NH3 as N 610 400 m /L X TKN an N 625 440 m L X NO2 plus NO3 as N 6.10 6.0 m L X P: Total as 1' 665 29 mgj L 1104 as P 70507 m • L P: Dissolved as P 666 m L K-Polassium m L Cd-Cadmium T027 u t. Cr{hromium:Tiltal 10.14 u • L Cu- CVPMT 1042 USZL Ni-Nickcl1067 u L Pb- Lead 1051 uStL Zn- Zinc 1092 u L V-Vanadium us/L— Ag- Silver 1077 u L Al- Aluminum IV5 u L 11e- Bmilium 1012 u L Ca-Calcium916 m /L Co- Cobalt 1037 u L Fe- Iron 1045 u L Li -Lithium 1132 u / L M -Ma ium927 m L Mn-Man art c 1055 u L Na. Sodium 929 m L Am. micTotal I(X)2 u L Se - Selenium 1147 u L H - Mercury 71900 u &LL na narium u L Or anncWorinC PC511Cide5 Organophosphmus Pesticides Acid Herbicides Base Neutral&Acid Extractable Orpnics TPH Diesel Range Pur eable Or nits VOA bottle 'd TPH Gasoline Range TPH BTEX Gasoline Range Ph to lankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATER ALI I b-Le RM (DMO CO[1NTY PRIORITY TYPE E RIVER BASIN REPORT TO: ADO FRO MRO RRO WaRO V O SRO TS ❑AMBIENT ❑ QA Ill STREAM ❑ EFFLUENT AT BM ❑COMPLIANCE L CHAIN' ❑ LAKE ❑ INFLUENT Other OF CUSTODY Shipped by; �Courler,Statl, Other❑EMERGENCY ❑ESTUARYCOLLECTORI�1' '�CR,_ f—) a Estimated DOD Range: 0-5/5-25/25-65/40.130 or X00 plus. Seed: Yam ❑ No ❑ Chlorinated: yea ❑ No ❑ ir— l_e6 Ilsc nui-v Lab Number: Date Received: 0 Tlme: Rec'd by: From: Sue- ourle -Iland Del DATA ENTRY BY: CK: DATE REPORTED: Station �/ Date tlegln lyy/mm/dd) Time Degln Date End Time End peptl A DD DOM Value Type Composite Sample Ty e D'� O O 1 A 11 L T S B C (, GNXX 1 l 2 3 4 5 E 7 9 I 11 fi 13 14 IE It V 1E 1S 2C DODS 310 mg/1 COD High 340 moll COD Lour 335 mg/I Coillorm: MF Fecal 31616 /IOoml Coillorm: MF Total 31504 /100ml Coliform: Tube Fecal 31615 /t00m1 Collform: Fecal Strap S1673 /100ml Residue: Total SW mg/l Volatile 505 moll Fixed 510 mg/l Residue: Suspended 530 mg/I Volatile 535 - mg/I Fixed 540 moll pll 403 units Acidity to pit 4.5 436 mg/I Acidity to ptl 8.3 435 moll Alkalinity to pll 8.3 415 moll Alkellnity to pit 4.5 410 moll TOC 680 mg/l Turbidity 76 NTU Chloride 940 mg/I Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/I Pheophylln a 32213 ug/I Color: True 80 Pt -Co Color.(pli 183 ADMI Color: pit 7.6 82 AD611 Cyanide 720 mg/1 Fluoride 951 moll Formaldehyde 71880 mg/1 Grease and Oils 556 mg/1 hardness Total900 moll Specltic,Cond.95 2 uMhos/cm MHAS 38260 moll Phenol@ 32730 tag/I Sulfate 945 moll Sulllde 745 moll N113 as N 610 mg/1 TKN eke N 625 moll NO2 plus NOS as N 630 mgA P. Total as P 665 moll t PO4 as P 70S07 mg/1 . P: Dissolved as P 666 moll CdCadmlum 1027 ugA Cr-Chromium:Total1034 ugA Cu-Copper 1042 tag/I NI -Nickel 1067 u9A Pb-Lead 1051 ug/I Z.-Zinc 1092 moll Ao Ilver 1077 ug/l ` Al -Aluminum 1105 ug/1 no -Beryllium 1012 ug/; Cs-Celclum 916 moll Co -Cobalt 1037 ugA Fe -Iron 1046 ug/l LI-LI11dum 1132 ug/I Ala -Magnesium 927 mg/1 Mn-Manganese 1055 ug/1 Na-Sodium 929 mg/1 Arsenlc;Tolal 1002 tag/I Se -Selenium 1141 ug/I Fla-Merctiry 71900 ugA Organ GCIdOnne Pesticides Organopjmx#xrrus Pesticides Acid Ileibklde■ Base/ Neutral Extractable Organic@ Acid Extractable Organics Forgeable Organic@ (VOA bottle reg'd) Phytoptankton Sampling Point % Conductance at 25 C Maier Temperature 10 D.O. molt Of Alkalinity Acidity Aix Temperature (C) pit 63 pll 4.5 pit 4.6 pli 8.3 2 94 10 300 le 400 1� _ 82244 431 92243 182242 20 Salinity iC Preclplllon On/day) Cloud Cover % Wtnd Direction (Deg) Stream Flour Seventy Turbidity Severity Wind Velocity MAI can Strearn Depth It- Stream Wkith ft. 480 45 32 36 1351 1350 35 64 4 DIVISION OF WATER QUALITY Chemistry 1,sh-raton- Report / Water Qaallty W❑ SAMPLETYPE COW"Y PENDER PRIORITY iN RIVERBASI: AMBIENT QA XD S1REA11I EFFLUENT RF.PORTTO 1VIR0 Regional Office COMPLIANCE 0 CHAIN OF CUSTODY LAKE INFLUENT Other ❑ EMERGENCY VISIT ID ESTUARY COLLECTORIS1 : CCOBB Fit Lab Number : 3WO973 Date Received: 2/12/03 Time Received: 9-15 AM Received By DS Data Released : AR Date Reported: 2126 03 F.slimated ROD Range: Statlon Lecollon: WASTE PONDINA BEFORE FLOWING INTO WOODS Seed: Chlorinated: Rem-rks: SIa11ea M Date Begin {y�lmmldd) hale End L\l'/mndddl Time Begin Time End Depth - DA1, DR. DBAI Valve T) pe- A, it. L Composite-T, S, B Sampk Type IT2 Zf1Q�021 l 1450 O.t IK)D310 m /L COU I II h 310 n%jj L COD Low 335 m L Colilormi MF Fecal31616 Illthtd Coliform: MIT Total 315AM I00nd Coliform: 110orni ColiformFecal Stre 31673 I0Dm1 Residue: Total5W m L Volatile505 m L Fixed 510 m L Residue: Suspended 530 m / L Volatile 535 mgj L Fixed 510 m L H 403 units Acidity to PIT 4.5 436 m /L Acidity to pH83435 m /L AlLallnity to p1l83415 mgl L Al kalinity to pi 14.5 410 m L TOC 680 m L Tutbldity 76 NTU Conform To1al -rubc 1If0 ml. KKOXIMI71OMR Chluride 9.10 m • 1. ChI a: 1 Fi 32217 up,/I. Chi a: Corr 32Z09 u L f1x-o hVIina32213 up,/ L Color I me 80 c.u. Color. H K, piI- C.U. Color. H 7.6 82 c.u. Cyanide720 m /L Fluoride951 m /L Formaldehyde7189D m /L Grease and Oils 556 m /L Hardness Total 900 m L SpecifirCond. 95 umluss cm2 MBAS38260 mg4L Plwnols32730 u /L Sulfate945 mg/ L Sulfide 745 mgj L Bohm Tannin & Li in u L IlcxavalentChromium v L tlicarbonate m • t. Carbonate m • L X NH3asN610 41 mrjt. x IKNanN625 58 tn• L x NO2 plus NO3 as N63i1 18 m• L x P. Total as P 665 15 m • L MA as P 70507 m L P. Dissolved as P 666 m L K-Potassium m /L Cd- Cadmium 1027 u /L Cr-Chromium.Total1034 u L Cu- Copper 1042 u L Ni-Nickel1067 u L Pb- Lead 1051 FALL Zn- Zinc 1092 "gj L V-Vanadium v /L A-Silver1077 u L Al- Aluminum 1105 ugjL St, Beryllium 1012 u L Ca -Calcium 916 mgj L Co. Cobalt 1037 u L Fe- Iron IM5 u L Li -Lithium 1132 uFjI. Mg- Magnesium 927 m L Mt M.ln nest 1055 u L Na-Stxlium929 m L Arsenic -.Total 1002 u L Se- Selenium 1147 u L H - Mercury 719UD v L Ba_Barium u L OrganocIdorine Pesticides OF ano hoe horns Pesticides Acid Herbicides Base Neutral&Acid ExtractableOt nits TPH Diesel Range Pur eable Organics(VOA bottle 'd TPyf Gasoline Range TPH BTFX Gasoline Range Ph to lankton DIVISION OF.= NVIRCONAIENTAL MANAGEMENT WATE EQUAL11TOFIEL (-AB FORM (DAIL) COUNTY 1. PRIORITY RIVER BASIN ❑AMBIENT ❑ QA 057REAM ❑ EFFLUENT REPOIIT TO: ARO FRO MRO RRO WaRO V O SRO TS AT BM ❑ LAKE El INFLUENT tllhsr COMPLIANCE �CFIAIN OF CUSTODY Shipped by: Rug Courier, Staff, Other EMERGENCY ❑ESTUARY COLLECTORIS}: C�Jr�e� I ,1 h ram, �� Egilmated ROD Range: 0.5/5-25/25-65/40-130 or 100 plus STATION LOCATION: W �N E1�t/RrZ �IrOwf i to Seed: Yes ❑ Na❑ Chlarineted: Yee❑ No❑ REMAAK5:✓\T`� Sutton / �` Dale Begin (gy/mmldd) Time Begin Dale End Time End Depfl A DB DBM �J 03o 1 �0 l RODS 310 mg/I 1 2 COD Illah 340 ma/1 3 COD Low 335 mg/I Coltiontr: MF Fecal 31616 /100ml 4 5 Collform: MY Total 31504 /100raal 6 Coliform: Tube Fecal 31615 /100ml Coliform: Fecal Strap 31673 /100m1 7 8 Residue: Total 500 nag/I Volatile 505 mg/I 9 Fixed 510 ma/1 0 l 1I Residue: Suspended 530 mail 12 Volatile 535 ma/1 133 Fixed 540 ma/1 14 ' pit 403 unite 15 Acldlry to pit 4.5 436 mg/I ^Ifi Acidity to pit 8.3 435 tog/I 17 AK@llntty to pit 8.3 415 mg/I 113 Alkalinity to pit 4.5 410 nag/1 19 TOC 680 mg/1 Turbidity 76 NTU 20 Chloride 940 mg/I Chi a: TO 32217 ug/I Chi a: Corr 32209 ug/I Pheophylln a 32213 ug/I Color: True 80 Pt -Co Color:epll 1 83 ADM[ Color: pit 7.6 82 ADMI Cyanide 720 ma/1 Fluoride 95i mg/I Formaldehyde 71880 mg/I Grease and 011e 556 mg/I tlardness Total900 mg/I Specific .Cond.95 uM1lhoe/cm2 MRAS 38260 ma/I Phenols 32730 ug/1 Sulfate 945 mgA Sulfide 743 mail ie a ype A FI L N113 as N 610 mail THN as N 625 me/1 NO2 plus NO3 as N 630 mail P: Total as P 665 mg/I PO4 as P 70507 mail P: Dissolved an P 666 mg/I CJCadmlum 1027 ugA Cr0iromium:Total1034 trail Cu-Capper 1042 U011 NI -Nickel 1067 ug/I Pb-Lead 1051 u9/I Zn-Zinc 1092 u0A Aa flver 1077 ug/I' AI-Atumtnum 1105 ug/I Be-Berylllum 1012 trg/1 CO-Celclum 916 mgA Co -Cobalt 1037 ug/I Fe -Iron 1046 usA Fnr Lab It.. nNl V Lab Number: Date Reaelved: 2 O TlmvR Rec'd by. From: Bu-Courie land Dal DATA ENTRY BY; CK: DATE REPORTED: :*? 6iS r.'C• fi Composite T S B Sample Ty e C G GNXX LI-Llthlum 1132 ug/1 Mg-Magneslum 921 ntg/1 Mn-Manganese 1055 ug/1 Na-Sodium 924 mg/I Arsenic:Total 1002 ug/1 Se-Selenlum 1147 ua/1 Ila-Mercury 71900 ug/l Orgenocldorine pesticides Otganophosplaotus Pesticides Acid Ileabicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA boille reg'd) Phytoptank lon Sampling Point % Conductance al 25 C Water Temperature D.O. mail pit Alkalinity Acidity Air Temperature ICI pit 83 pf1 4.5 pit 4.5 pit 8.3 2 94 10 300 • 400 I• 82244 431 82249 82242 20 Salinity X Preclpitlon (In/day) Cloud Cover % Wind Direction 0)eg) Stream Flow Severity Turbidity Saverlly Wind Velocity MAIf64 can Sneam Depth fl_ Stream Wkith It. 400 45 32 36 1351 1350 36 4 . w; DIVISION Of WATER QUALITY Chemisin Labaratan Report / ►Yater Quality Wl SAMPLE TYPE COUNTY FENDER PRIORITY RI►'FR BASIN : AMBIENT QA Q STREAM EFFLUENT REPORT TO WI RO Regional Office COMPLIANCE Cl [AIN OF CUSTODY LAKE INFLUENT Other _ IiMERGENCY VISITID ESTUARY ('[t1.1.F.(`T 1)R[S) 0 1751 CC[lElll Lab Number 3W(?974 Dale Received: 2/12/03 Time Received : 9:15 AM Received By DS Data Released : AR Date Rrt-s I&i : ?nf ml y Culmared HOD Rang: Statue Location: DOWNSTREAM FROM FOLD Seed: Chlorinated: Remarks: Statlea A pale onto Ivyfmmldd) pate Fad Oylmrnldd) Time Begin Time F.nd Depth - b;11, pH, bHM ♦'due Ti pe - A,11, L Composite-T, 5, B Sample Typr DSI 20f1302I1 1500 0-1 BOD 310 m / L COD I li h 340 m L COD Low 335 m L Coliform: MF Fecal 31616 IDDnil Coliform: MF Total 31504 100m1 Coliform: tube Fecal 31615 100m1 Coliform: Fecal Strep 31673 IDD d Residur.Total 501) m /L Volatile 505 m L Fired 510 m L Residue: Simripended 5.10 m L Volatile 5,15 m L Fmd 540 m L 11403 units Acidity to P114.5436 mgj L Acidity to PH8.3435 m /L Alkalini to HBJ415 m L Alkalini to H4.5410 m L 30C 680 MRIL Turbidity 76 NTU Coliform Total Tube 1110 mk COSMI FNTS : Chloride940 m L Chi a: Tri32217 u L CH a: Corr 32209 u L Pheu hvtin a 32213 u L Color: True SO C.U. . Color. II &1 PH. C.U. Calm pH 7.6 82 c.u. Cvanide 720 m L Flumide951 m L Fortnaldehvde 71 FM m L Grease and pile 556 MPIL I lardrwi% Total 9W m L Specific cond. 95 umhos cm2 MRASM260 "Irj 1. Phenols 32710 uKjL Sulfate 945 m L Sulfide 745 m L Boron Tannin h Lignin u /L 11"avalentChromium u L Hicarl,unate m L Carbonale midL X NH.1asN610 17 m /L C TKN an N 625 29 m L • NO2 plus NO3 as N 630 12 m L X P: Total as P 665 9.9 mg/L. PO4 as P 70507 m /L P: Dissolved as P 666 m L K-Potassium m /L Cd- Cadmium 1027 u /L Cr4lromium:Tota11034 u L Cu- CopM 1042 u L Ni-Nickel1067 u L Pb_ l..cad 1051 u /L Zn- Zinc 1092 u L V-Vanadium u 1. An. Silver 1077 u L Al- Aluminum 1105 u L Bo- Beryllium 1012 u /L Ca- Calcium 916 m /L Co. Cobalt 1037 u L Fr Iron HMS u L U-Lithium 1132 u L Mg- Maium927 m L Mrs -manganese 1055 UELL Na-Sodium929 m L Amcnic:Tota11002 u L So- Selenium 1147 u L H - Mercury 71900 u L Ba Barium o L Or anocddorine Pesticides OrFamphosphoms Pesticides Acid Herbicides Base Neutral&Acid Fxtraclable ants TPFI Diesel Range Pur eable Or nits(VOA bottle 'd TPH Gasoline Range TPH/BTEXGasoline Range Ph to lankton DIVISION OF ENVIROWIENTAL MANAGEMENT WATER UALIT FIE1 CABFD (DM1) COiT:TY E. PRIORITY SAMPLE TYPE RIVER ` ❑AMBIENT ❑ QA STREAM ❑ EFFLUENT REPORT T0O, : ARO FRO FIRO RRO WeRO(V O SRO TS AT 9M Other ❑COMPLIANCE &CIIAIN LAKE ❑ INFLUENT OF CUSTODY Shipped by; Bus Courlcr, Stall, Other ❑EMERGENCY ❑ESTUARY CDLLECTORIS): C�TIF �,U ob /7r Estimated BOD Range: 0-5/S-25/25-65/40-130 or 100 plus STATION LOCATION: �! (JJ Z m R1 Seed: Yen El❑ Chlorinated: Yes[ ] ❑ No ❑ REMARKS: (1Gr �' LT Station Date Begin (yy/mm/dd) I Time Begin Date End ITIme End Dept F DB L) S --L 1 1)3.() 1 BOD5 310 mg/I 2 COO IHgh 340 moll 3 COD Low 335 mg/I 4 Collform: MF Fecal 31616 /100ml 5 Collform: F1F Total 31504 /1001111 6 Collform: Tube Fecal 31615 /100ml 7 C0111orm: Fecal Strep 31673 /1001n1 8 Besldue: Total 500 moll 9 Volatile 505 mg/1 111 Fixed 510 nrg/I 1 1 Residue: Suspended 530 mg/I 12 Volallle 535 mg/1 13 Fixed 540 mg/} 14 pit 403 units 15 Acidity to pit 4.5 436 mo/I 16 Acidity to pit 8.3 435 mg/1 17 Alkalinity to pit 8.3 415 mg/1 18 . Alkalinity to pit 4.5 410 moll 19 TOC 680 mg/1 20 Turbldity 76 NTU Chloride 940 moll Chi a: Trt 32217 ug/I Chi a: Corr 32209 ug/I Pheophyfin a 32213 ug/I Color: True 80 Color:fpif ) 83 Color: pit 7.6 82 ]ADMI Cyanide 720 Fluoride 951 Formaldehyde 71880 mg Grease and 011a 556 mg/1 Il4rd11e8■ Total900 mo/I Specific Cond. 95 2 uFlhoe/cm FIt1AS 38260 moll Phenole 32730 ug/I Sulfate 945 moll Sulfide 745 moll Fnr 1.ah Ile. MIR V Lab Number: Date Recelved: �j Tlme: / . nec'd hu: n-� I From; Bua Dude -lland Del DATA ENTRY BY: CKr DATE REPORTED: DWI Value Type A It L N113 as N 610 moll TKN as N 625 moll NO2 plus NO3 as N 630 moll P. Total as P 665 moll PO4 as P 70507 moll P: Dissolved as P 666 moll Cd-Cedmlum 1027 ugA CrChromlum.Tola11034 ug/1 CuColrper 1042 ug/l NI-Mckel 1067 ug/l Pb-Lead 1051 ug/l Zn-Zinc 1092 ug/1 Ag ilver 1077 uB/1 AI -Aluminum 1105 uo/I Be -Beryllium 1012 ug/I Ca-Calclum 916 moll Co -Cobol l 1037 ug/l Fe -iron 1045 ug/l Composlle T S B Sample Ty e C G GNXX 1.1-1-llhlurn 1132 r ug/I Flo -Magnesium 927 mg/I Fin -Manganese 1055 ug/1 Na-Sodlum 929 mg/1 Arsenic -.Total 1002 ug/I Se-Selenlum 1147 ug/I Ilg-Mercury 71900 ugA Organoclrlorine Pesticide■ Organotrirostborus Pcsticldes Acid 11e3bicides Base/ Neutral Extractable Organics Acid Extractable Organlce Purgeable Organics (VOA bottle reg'd) Phytoplank lon Sampling Point Conductance at 25 C Water Temperature O.O. mgA of Alkalinity Acidity Air Temperature IQ pi 18.3 pl 14.5 pit 4.5 pit 0.3 2 94 10 300 I• 400 I• 82244 431, B2243 182242 20 Salinity S Preclplllon (In/day) Cloud Cover X WInd Dhecllon (l)eg) Stream now Sevedly Turbidity Severity Wind Velocity M/11 Mean Strearn Depth It. Stream W141111 It. 400 45 132 36 11351 1350 135 64 4 DIVISION OF WATER QUALITY Chemistry Lahoralor� Report I {Parer Qualli) 1V SAMPLETV COUNTY PENER PRIORITY RIVER BASIN: AMBIENT a QA X Ej STREAM EFFLUENT REPORT TO a WIRO Regional Office COMPLIANCE .�� CIIAINOFCUSTODY LAKE 0 INFLUENT Other c EMERGENCY VISIT lD ESTUARY COLLECTOR(S) : CCOBB 0 D52 Lab NumbeT 3WO976 Date Received: 2/12/03 Time Received: 9:15 AM Received By DS Data se Relead : AR Date Reported: 2126703 �J rtrfmated BOP Range: Station Lorailon: 1X AVNSI REAM AT SR I.1W Seed: Chlorinated: Remarks: Station If Dale Begin Lvylmmldd) Date End flvhnmldd) Timr Begin Time End Depth - DAI, Bn, DBM Yalee Ttipe - A. IT, L Composite-T. S. B Sample Type D52 20030211 1710 0.1 BOD310 m /L COD Ili h 340 m /L (_'VD Low 335 m L Coliform: MF Fecal31616 10thnl Colilmm: MIT TOW 31501 lo0ml Ccliform: tube Fecal31615 Iwrw Collforrn: Feca] Stnep 31673 11ODrrd Residue- Total SW m /L Volatile505 m /L Fixed 510 m L Residue- SuspetWed 530 m /L Volatile 535 mglL Fixed 540 m /L H 403 units Acidity to PH4.5436 L Acidi to pH8.3435 m L Alkalinit to PH"415 m L Alkalini!y to pit4.5410 m L TOC 680 mg/L_ rurbidity 76 NTU Coliform Total Tube 100 mis COSIMEWIS : Chloride940 m /L Chi a: Tel 32217 u / L Chl a: Corr 32209 u L Vh,,i ihvtin a 32213 u •/L Color. True 80 C.U. Color i{ 83 H- C.U. Color: 11 7.6 82 C.U. Cyanide 720 m /L Fluoride 951 m L Formaldehyde 71880 m L Grease and Oils 556 m L llardncss Total 900 m L Specific Cond. 95 umlurt cm2 MBASM260 m L Pftenols 32730 u L Sulfate945 m L Sulfide745 m /L Boron Tannin lit Li in u /L lleuavalentChronuum v L Bicarbonate m [. Cart -note m • L X NH3 as N 610 0.03 m 1. X TKN an N 625 0.54 m L X NO2 plus NO3 as N 6.30 0.74 m L X P: Total as I' 665 0.13 m L POI as P 70507 m L P: Dissolved as P 666 m / L K-Potassium m L Cd- Cadmium 1027 u /L Cr{Zuomium:Total WM u L Cu- Copper 1042 u L Ni-Nickel1067 u L Pis Lead 1051 u L Zn- Zinc 3092 u L V-Vanadium u L A - Silver 1077 u L Al- Aluminum 1105 u L Be, lac Ilium 1012 v L Ca- Calcium 916 m L Co- Cobalt 1037 u L Fc- Iron 1045 u L Li -Lithium 1132 u L Mg- Magnesium 977 m /L Mn-Man nose 1055 u L Na-Sudium929 m L Arsenic -Total 1002 u L Sc- Selenium 1147 u L H - Mercury 719M u L Ba_Barium u L OrganocWorine Pesticides OrAan2Ehosphorus Pesticides Acid Herbicides Base Neutral&Acid Extractable 2manks TPH Diesel Range PuFgeable(VOA bottle TPH Gasoline Range TPH BTEX Gasoline Range Ph to lanklon DIVISION OF ENVIRONMENTAL MANAGEMENT WATER C(UJALI FIE -LAB FORM (13M) COUNTY PRIORITY SAMPLE TYPE RIVER BASIN` ❑AbeBfENT ❑ STREAM ❑ EFFLUENT REPORT TO: ARO FRO MHO RHO WaRO V O SRO TS QA AT OM ❑COMPLIANCE 19CIIAIN ❑ LAKE ❑ INFLUENT Other OF CUSTODY Slilpped by: Bus�C-.H.F. Staff, Other 2p� EMERGENCY ESTUARY COLLECTOfi1S): CAL ��%1-�F✓ Estimated ROD Rsnge: 0.5/5-25125-65/40.130 or 100 plus STATION LOCATION: [� r 5ead: Yes ❑ No[] Chlorinated. Yee ❑ No ❑ REMARKS: `��r / =-L_(_ L Fnr Lab Ilx• r1N1 V Lab Number: Date Received:a4 a3. Timc. Rec'd by_r I From: DuCourle llnnd Del DATA ENTRY BY: CK: DATE REPORTED: :jjF3sr;::7-c Dale Regln iyy/mm/ddj la✓, D 0 Time Begin � O Dale End Time End Dep11 h DH DBM Value Type A I1 L Composite T S R Sample T a C O GNXX 1 2 3 4 5 G 7 8 9 l l) �I� 12 13 14 15 16 17 l8 19 20 BODS 310 mg/t Chloride 940 mg/l 1,1113 as N 610 mg/i LI-Lithlum 1132 ug/I COD itigh 340 mg/l Chi a: Trl 32217 USA TKN as N 625 mgll Mg-Magneslum 927 3110/1 COD Low 335 mg/1 Chl a: Corr 32209 ug/l NO2 plus NO3 as N 630 mg/I Mn-Manganese 1055 ug/f Cotlfonel: MF Fecal 31616 /looms Pheophylln a 32213 ug/I P: Total a■ P 665 mg/I Na-Sodlum 929 mg/l Collform: MF Total 31504 /100m1' Color: True 80 Pt -Co PO4 as P 70507 mgA Arsenle:Total 1002 ug/I Collfnrm: Tube Fecal 31615 /IOOrr+l COIor:IPll J 83 ADMI P: Dissolved as P 666 mg/l Se-Selenlum 1147 ug/I Colliorm: Fecal Strep 31673 /100ml Color: pit 7.6 82 ADMI llg-Mercury 71900 ug/1 Residue: Total 500 nag/l Cyanide 720 mg/1 Cd-Cadmium 1027 ug/t Organochlodne Pesticides Volatile 505 mg/1 Fluoride 951 mg/1 Cr-Cbromtum:Total 1034 ugA Orgnnophosllrorus Pestfcidee Fixed 510 mg/l Formaldehyde 71880 mg/I Cu-Copper 1042 ug/l Residua: Suspended 530 mg/I Giese@ and Otis 556 mg/I NI -Nickel 1067 ug/I Acid Ilert,lcides Volatile 535 'mg/l liardness Total900 mg/I Pb-Lead 10SI ug/1 Fixed 540 m13/1 Specllic.Cond. 95 uNl}roefcm2 Zn-Zlnc 1092 ug/I Base/ Neutral Extractable Organics ptl 403 units MBAS 38260 mg/1 Acid Extractable Organics Acldlty to pit 4.5 436 mg/I Phenols 32730 ug/I Ag fiver 1077 ug/1' Acidity to pit 8.3 435 mall Sulfate 945 mall Al -Aluminum 1105 ug/1 Purgeable. Organics (VOA bottle reg'd) Alkalinity to pie 9.3 415 mg/t Sulfide 745 mg/1 Be -Beryllium 1012 ug/l Alkaiinity to pit 4.5 410 mg/i Ca-Calclum 916 mall TOC 680 mg/I Co-Caball 1037 ug/1 Turbidity 76 NTU Fe -Iron 1045 ug/l Phyloplankton Sampling Point X Conductance at 25 C Water Temperature 10 O.O. mall pit Alkalinity Acidity Air Temperature JC) pit 8.3 pit 4.5 pit CS pit 8.3 2 94 10 300 10 400 Is 82244 1 431 82243 182242 20 Sallnity % Preclpldon (Jn/day) Cloud Cover X Wind Direction Weg) Stream now Severity Turbidity Severity 11350 Wind Veloctty Rill can Stream Depth it. Stream Width It. 480 45 32 36 1351 35 64 4 U DIVISION OF %VA-TF:R QUALITY Chrm411ry I.ahnrafnn Rrport / \Viler Quality 1Y SAMPLF iYP COUNTY PENDER PRIORITY R1VF.RBASIN: AMBIENT QA STREAM EFFLUENT REPORT TO : WIRO Regional Office) COMPLIANCE YO CHAIN OF CUSTODY LAKE INFLUENT Other EMERGENCY VISIT lD FSMARY COIAXCI'ORf51 : C COBB 1151 Lab Number : 3WO975 Date Received: 2/12/03 Time Received: 915 AM Received By DS Data Released AR Date Reported : 2126103 F.etlmaled ROD Range: Slagon Umation: UPSTREAM Seed: Chlorinated: Rcmatks: Stall" A Dale Rr>;Fo Vy.lmmldd) hate End lyTlmmlddl Time Begin Time End I Depth - Dhl, DB, DBdi Value Type- A. 11. 1. Cempnhe-T, S. B I Samplt Typt USI 20000211 1510 0-1 DOD 310 m L COD I]i h.W m L COD Low.US m L Coliform: MF Fecal 31616 l0llml Coliform: MF Total 31 %4 JIMnI Coliform: tube Fecal 31615 100m1 CORfortn: Fecal StTep 31673 floond Residue: Total500 L Volatile 505 m L Fixed 510 m L Residue. Suspended &10 m L Volatile 535 MgIL Fi:ed 540 m L H 403 units Acidity to pH4.5436 m L Acidity to pH 8.3435 m /L Alkalinity to p1l8.3 415 m L Alkalinity to pH 4.5 4W m /L TOC 680 m L Turbidity 76 NTU Coliform Total Tube 100 nds COMMENTS: Chloride940 mg/ L. CM a: Tri 32217 u L CLl a: Corr 32209 u L muro 11vtin a 32213 u 1. Color- I me 80 C.U. Color- 11 W pli= C.U. - Color- PI 17.6 82 C.U. Cvanide 720 m L Fluoride 951 m L Formaldch •de 718M m /L Grease and Oils 556 m L llardnccs Total900 m L Specific Cond. 95 umhos cm2 MBA5.1A2W m L Phenols32730 u /L Sulfate945 m L Sulfide 745 m L Boron Tannin & Li in u L Hexavalem Chromium u L Bicarbonate m /L Carborwie mg/ L x NH3 as N 610 0.02 mgl L X 1KN an N 625 0.65 m /L x NO2 plus NO3 as N 6,10 0.42 mg/I. Y P: Total as P665 0.11 m L PO4 as P AW7 m L P: Dissolved as P 666 m L K-Potassium mg/ L Cd- Cadmium 1027 u L Cr-Chromium:TotalIOM u L Cu- CopM 1042 u / L Ni-Nickel1067 u L PM Lead 1051 u L Zn- Zinc 1092 u L V-Vanadium u L AR. Silver 1077 u /L Al- Aluminum 1105 u L Be- 'Ilium 1012 u /L Ca- Calcium 916 m L Co- Cobalt 1037 u L Fe- Iron 1045 u L Lt-Lithium 1132 u L Ma- Maumsium927 m 1, Mn-Man anew 1055 UgLL Na- Sodium 929 m L Arscnic:Tota11002 u&LL Se- Selenium 1147 u L H - Mercury 71900 u L Ba_Darium u L Or nocld rite Pesticides Or no hos horus Pesticides Acid Herbicides Base Neutral&Acid Extractable Organics TM Diesel Ran Purgeable Or anus (WOA bottle 'd TPH Gasoline Range TPH BTEXGasalirw Ph to lankton DIVISION Ors= ENVIRONMENTAL MANAGEMENT WATER CALIT)M. FOR (pbil) COUNTY (�E PRIORITY SAMPLE TYPE Us1 RIVER BASIN �Y ❑AMBIENT ❑ QA ( STREAM EFFLUENT REPORT TO: ARO FRO MRO RHO WaRO V O SRO TS AT BM ❑ El LAKE ❑ INFLOFNT Other COMPLIANCE �CIIAIN ' OF CUSTODY Shipped by: Bus Courier, Staff, Other 2 EMERGENCY ESTUARY COLLECTOR(S): CST 11 �j�3r__" Estimated BOD Range: 0.5/5-25/25-65/40-130 or 100 plus Seed: Yes ❑ No El Chlorinated: Yes❑ No❑ StaUuu/ Date Begin (yy/mm/dd) Time Begin I Date End Time End Dept S D3 O' 1510 CL l SODS 310 mg/1 1 2 T COD Iflgh 340 mg/I 3 COD Low 33S mg/i 4 Coliform: MF Fecal 31616 /100ml 5 T Colltorm: MF Total 31504 /100or1 6 Coliform: Tube Fecal 31615 /ID4nr1 7 Coliform: Fecal Strep 31673 /100m1 8 Residue: Total 500 mg/l 9 Volatile 505 mg/1 10 Fixed 510 mg/l 111 Residue: Suspended 530 mg/I 12 Volatile 535 mg/1 13 Fixed S40 mg/I 14 pit 403 units Acidify to pit 4.5 436 mg/I _15 16 Acidity to pit 8.3 435 mg/1 17 Alkalinity to ptl 8.3 415 mg/I 18 Alkalinity to pit 4.5 410 mg/l 19 TOC 680 mg/l 20 Turbidity 76 NTU Fnr I.ah tie. AM V Lab Number: Date Received: BTim . Rec'd b : From: u aurle land Del DATA ENTRY BY: CIE: DATE REPORTED- DEEM Value Type Campoalte Sample Ty e A It L T 5 B C G GNXX 0 mg/I TRN as N 625 mg/1 NO2 plus NO3 as N 630 me/1 P. Tole[ as P 665 mg/1 PO4 as P 70507 mg/I P. Dissolved as p 666 mg/1 Cd-Cadmium 1027 ugA Cr,Chromium:Tota11034 u9A Cu-Copper 1042 ug/I NI-Hickel 1067 ug/I Pb-Lead 1051 ug/I Zn-Zlnc 1092 ug/1 Ap ilver 1077 u9/1 AI -Aluminum 1105 ug/I Be-Berylflum 1012 ug/I Co-Colclurn 916 mull Co-Cobal l 1037 ug/1 Fe-tran 1045 ug/I l 1-1-1.1thlum 1132 ug/1 Fig -Magnesium 927 mp/I Mn-Alanganeee 1055 rrg/I Ns -Sodium 929 mg/l Arsenk.-Tolal 1002 uu/1 Se -Selenium 1147 ug/I Hg•Mercury 71900 ug/1 Organochlotine Pesticides Orltanoptroq#rotus Pesticides Acid Iterbleldes Base/ Neutral Extractable Organics Acid Extractable Organic■ Pargeable Organics (VOA bottle teg'd) Phylopbanktan Sampling Palm X Conductance at 25 C Water Temperature 10 D.O. mg/1 pit Alkalinity Acidity Air Temperature fC) pl1 83 p11 4.5 pit 4.5 p11 8.3 2 94 10 300 • 4_00 Wes• 02244 431 82243 182242 20 Salinity X Precipitlon (In/day) Cloud Cover X Whrd Direction (Deg) Stream Flow Sevedly Turbidity Severity Wind Velocity MAI can Stream Dept: It. Stream Width (t. 480 45 32 36 1351 1350 35 64 14 Chloride 940 mg/1 Chi a: Tot 32217 ug/I Chi a: Corr 32209 ug/I Pheophytln a 32213 ug/1 Color: True 80 Pi -Co Color:(pll ) 83 ADMI Color: pli 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 MOM Formaldehyde 71880 mg/I Grasse and Oils 556 mg/1 liardnes■ Total900 mg/I Specific C2 ond. 95 uDlhos/cm MBAS 38260 mg/1 Phenole 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/I LL,- i$ic. Cis ...���r �:c�=•�: �Z� :.+. .G Jp .��t Investigation c: S=ples collected and L'uI form cc —feted by: i c;zOo6e)LU .� T-ab 4a1 Station. Lab'Nc Y_ i SQ, Static= Latatiow + { I Date I T{�e I No. of Bctties I Fp-4- 1 o T l I {� o I 3 so 1 rP I U�- Dn�fl—�-rJ� �RE�ca��+�- N� t D I ft'�.SD I I I �P, r•. FADNv FzF I Q I u50o I I I I1ps- -XEP"ry\- I2,lij '/cv5l 1150 I 3u)CqlbC_.a5 Z IDQ �N s<RE�M� sR boo 12 1a31 t '14 101 I I I I C I I I C I C ! C I I I I 1 I p`i 9 qu{shed (${ gna:::, � F to �db (Si�,e D : ate q,. el I Rec by I Aet by 1 { Ni`b) .e*had of Shinwent : ..- C�IiZZ-�� Sea! b ; : Se_'rity he kmd Condition: Lock bv: Broken b Oaea bv: I 7 VA i?SE Mmy Ub No. C� Ti:�QL•F:1 Ho. Ca^_�L erD ^"�Y8f8 RelincL'ikhed b7 Received ba Date Ti-e I I I�•� I I 1 I { r 1 1 I I L I I I I 1 I • I •r 0� WA7-4s;� Michael F. Easley, Governor �1 Q William G. Ross Jr., Secretary �O G Department of Environment and Natural Resources rAlan W. Klimek, P.E., Director -i Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 25, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Earl Padgett P.O. Box 478 Wallace, NC 28466 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Padgett #2 Farm Case Number DV 03-027 Permit No. AWS710019 Pender County Dear Mr. Padgett: A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, February 12, 2004. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. X The EMC Chairman has considered the written record and determined that no oral presentations will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the North Carolina Wildlife Resources Commission Conference Room (Room 332), on the third floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). REDE hit Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919) 733-7015 Fax: (919) 733-9612 Other Thinsts to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Keith Larick of our Water Quality Compliance/Enforcement Unit at (919) 733-5083, extension 571. Sincerely, zk�)"-e-04 �' Alan W. Klimek, P.E. enclosure cc: Rick Shiver, Wilmington Regional Office Frank Crawley, AGO File DV 03-027 Central Files ATT()1{NHY 1.;HNFICAL r gY ar Stele; of North Carolina Deparlment ref Juslice P . 0. Box 629 HALEIGH 2 7602 -062 9 February 23, 2004 FFg 2 4 2004 RP:I'LY TO: Francis W. Craw-77� Environmental Division (1)19) 71 tl-6000 (919)716-6767 Mr. Edward Earl Padgett CERTIFIED MAIL RO, Box 478 RETURN RECEIPT REQUESTED Wallace, North Carolina 28466 RE: Assessment ol' Civil Penalties Against, Edward Earl Padgett, DV 03-027 Dear Mr. Padgett: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, you must submit payment of the civil penalty assessment and investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment and Natural Resources and the mailing envelope addressed as follows: Mr. Bob Sledge Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you fail to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, Ca.e , rancis W. Crawley Special Deputy Attorney General Commission Counsel FWC/dk Enclosure cc: Rick Shiver Pamela Whitley STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF: ) Assessment of Civil Penalties ) Against ) EDWARD EARL PADGETT ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION DV 03-027 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. § 143-215.GA and § 143B-282.1, on 12 February 2004 upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Edward Earl Padgett in the amount of $5,973.89 ($5,500.00 plus $473.89 investigative costs). Edward Earl Padgett's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. Having considered the record and the factors set forth in N.C.G.S. §14313-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Edward Earl Padgett, that the Findings of Fact support the Conclusions of Law, and that the Director properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the amount of the civil penalties. The Committee further finds that there are no grounds shown for remission or reduction of the penalties assessed by the Director for violation of N.C.G.S. §143-215.1 for discharging wastewater from the spray field of Padgett #2 Farm to an unnamed tributary of Sills Creek and for violating Condition V. 3. of the Swine Waste General Permit by failing to maintain the -2- lagoon liquid level such as to provide adequate storage plus the required additional structural freeboard. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $5,973.89 ($5,500.00 plus $473.89 investigative costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $5,973.89 against Edward Earl Padgett is AFFIRMED. 2. That this Final Decision and Order be served upon Edward Earl Padgett, and upon receipt hereof the amount of $5,973.89 be paid to the Department of Environment and Natural Resources within thirty days. This the day of February, 2004. , � z fe, r�' David H'Nforeau, Chairman Environmental Management Commission -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Edward Earl Padgett P.O. Box 478 Wallace, N.C. 28466 Rick Shiver Regional Supervisor Wilmington Regional Office Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 This the 23day of February, 2004. CERTIFIED MAIL RETURN RECEIPT COURIER MAIL ROY COOPER Attorney General 4r�an�cisWC . Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600