070038_ENFORCEMENT_20171231

2 14
NUH I H UAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

.-oF.waTFR • _
December 20, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
0
Michael F. Easley
. Go�rerrsar
Wdfiam G. Ross, Jr., Secretary -
Department or Environment and Natural Resources -
Kerr T. Stevens
Division nr water Quality
Mr. James Allen
4271 Hwy 99 North -
Pantego, North Carolina 27860
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
James Allen Hog Farm
Facility No. 7-38
Beaufort County
P M u
On September 27, 2001, I conducted an Animal Feedlot Operation Compliance Inspection at the James Allen Hog Farm in
Beaufort county. A copy of the inspection report is attached for your review.
.t
In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and
the General Permit; (2) the farm is complying with requhwents of the State Rules 15 NCAC 211-0217, Senate Bill 1217, the
Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being
operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no
signs of seepage, erosion, and/or runoff- The following deficiencies were observed during the inspection-
➢ Your Certified Animal Waste Management Plan rewrds did not include weekly records of the storage pond
levels. In Sectian Ill. Monitoring and Reporting Requirements, item number 2 of the General Permit, it is a
requirement that weekly levels be recorded instead of the provided monthly recorded levels.
It is very important as the owner and the Ope-ater in Charge that you resolve these aforementioned deficiencies and any other
problems that may arise, as soon as possible. Nothing in this letter should be taken as absolving this facility of the
responsibility and Iiability of any violations that have resulted or may result from these deficiencies. ,
Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments
regarding this inspection, do not hesitate to call at [phone], ext. 208.
Sincerely,
Scott Vinson
Environmental Engineer
cc: Beaufort County SWCD Office
DSWC-WaRO
�pliance Group
WaRO -- Animal Compliance
SAV files
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Type of Visit Q Compliance Inspection Q Operation Review Q Lagoon Evaluation I
Reason for Visit 6 Routine 0 Complaint 0 Follow up Q Emergency Notification Q Other ❑ Denied Access
LFacility Number 7 3g Date of Visit: 9127R001 Time: 1:Z5 m Printed on: 9/2712001
- - Q Not Operational Q Below Threshold
® Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold:. _...._...........
Farm Name: James..AlIca.Rog.Farmt................. .......•-................----•.................. County: Bc;kufuxt_............................... _.... waRO ...._.
OwnerName:Jatmo... ............. .................._.. Ailen......... ................... .. .............................. . phone No: �52-�, S.1±G.......... ...... ......... ....... ...... ...... -..........
Mailing Address: 4Z7.1.liigbLway..99..N.Qr Ix .................................................... .......... ... Ea t ra..NC.....---...... .............. .......... ........... ..._ 2.7.80.......... ..
Facility: Contact: ......................... ............................ ................. ...... Title: .................. ........... .................................. Phone No:
❑nsite Representative: JaJUicl A.11eal............................................................................ Integrator. jndgVcjadCXjJ................. ........................ ........ .........
Certified Operator:Jamjt5..................................... All.Ueln........................ .......................... Operator Certification Nurn her: 17.3 ...........................
Location or Farm:
miles north of Pantego on NC 99. �?
Iq.
IN Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 . ' 38 Z4.36 µ Longitude 76 ' 38 21.Z1 K
DesigI
Switie a=nr_ Ca aei
. ❑ Wean to Feeder
❑ Feeder to Finish
® Farrow to Wean 1145
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Current Desigi
Population � x Poultry. Capaci
❑ Layer ❑ Dairy r
w ❑ Non -Layer ❑ Non -Dairy
957
Other r - r•
CapacityY 1,145
._ i • '� K�. � .�'-'i'^ i• �v.-1-� .,r: .fir
..:?y•e�... ,::y^.•-«'j�t:.r, "ter'--''•
�, w��A�� Tt;r�i:ssLw � 495,785
�'r�i.'2,-ti� �y,.. r�h�; : —3::=
"'`= . , a-` •r ...' 3:' Yi.,�.��,�r , r3=,���..; zs,:�35.3�i+:�; .s::xh�.1E£? . i:
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 I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ......... primag ......... ......=c. cle.......... se ----• .............Final............. .................................. ...... .............. .... ...........
Freeboard (inches): 18 18 20 45
0S/0_I/IiI Cnnti"mrd

05103101 Continued
'acility Number: 7-38 Date of Inspection 9/27/2001 Printed on: 912712009
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
b. 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?
❑ Yes ® No
❑ Yes N No
❑ Yes N No
❑ Yes ®No
❑ Yes N No
❑ Yes N No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Corn, Soybeans, Wheat
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? (ie1 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 NNo
[I Yes NNo
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes N No
❑ Yes ® No
❑ Yes N No
❑ Yes ® No
P No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
a er i 8 12 ❑ Field Copy ❑ Fina!NNoTtesol
* Soil analysis on 4/7/01 with little to no lime required.
_
* Waste analysis on 8/27/01 with 0.21 lbs. N / 1000gal.
19. Is only keeping monthly freeboard records, not weekly. Need to keep weekly records as required by permit.
Reviewer/Inspector Name ' Vinsoo �,: .. F= • z~: �- _ Asa i
Reviewer/Inspector Signature: Date: �Aq

� , 05103101 Continued
Facility Number: 7Date of Inspection 9Ci7R0U1 Printed on: 9/27/2001
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
Iiquid 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 ]and 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 ® Na
31. Do the animals feed storage bins fail to have appropriate cover? ❑Yes No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
J

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 15, 1999
Mr. James Alien
James Allen Hog Farm
4271 Hwy 99 North
Pantego, North Carolina 27860
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
James Allen Hog Farm
Facility No. 4 7-38
Beaufort County
Dear Mr. Allen:
Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is
viewed in DWQ database) conducted at the referenced facility by the Division of Water
Quality from the Washington Regional Office. Please read this inspection and keep it
with all other documents pertaining to your animal operation for future inspections.
In general, this inspection included verifying that: (1) the farm is complying with
requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal
Waste Management Plan and/or General Permit; (2) determine whether the waste
utilization plan is based on total or actual wetted acres; (3) the farm operation's waste
management system is being operated properly under the direction of a Certified Operator;
(4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or
runoff. The following deficiencies were observed during the inspection (s).
(p In accordance with condition 111, item 4 of your General Permit, an analysis of animal
waste shall be conducted as close to the time of application as practical and at least
within 60 days (before or after) of date of application. The analysis shall include the
following parameters: Nitrogen, Phosphorus, Zinc and Copper.
(p In accordance with condition III, item 2 of your General Permit, you are required to
record weekly lagoon levels on forms provided and/or approved by DWQ.
943 Washington square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer

Cont. Page Two
James Allen Hog Farm
# 7-38
It is very important as the owner and the Operator in Charge that you resolve these
aforementioned deficiencies and any other problems that may arise, as soon as possible.
For additional assistance, please contact your Technical Specialist. Nothing in this letter
should be taken as absolving this facility of the responsibility and liability of any
violations that have resulted or may result from these deficiencies. Failure to comply with
your Certified Animal Waste Management Plan and General Permit could result in civil
penalty assessment and/or revocation of your General Permit.
Thank you for your assistance and cooperation during the inspection. If you have any
questions, please contact me at 25 2/946-648 1, ext. 318 or your Technical Specialist.
Sincerely,
Lyn B. Hardison
Environmental Specialist
Cc: Beaufort County S WCD Office
DSWC-WaRO (w/out attachments)
Compliance Group (w/out attachments)
WQ Central Files d
O
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Afhnnative Action Employer

Facility Number 7 38 I Date of Inspaction 3-5-99
Timeof Inspection 11[5 24 hr.(hh:mm)
Permitted R Certified LEI Conditionalk Certified 0 Registered Date Last Operated:
Farm Name: flame,.ABeO..ij .E m.._...._.._......._........._.._..........._..._................... County: Beardatt....._.........._...._................. lY&RO........
Owner Name: dames._._.._ .... .................. ... Allen. ...... .... ......... Phone Nu:(25212.15;51L4.........._._...._............_........_...........
Facility Contact: ......................... ............. Title: ,. Phone No:
Mailing Address: 4211.1iighfla3:-99.Nar.[it....._......_....._............._...................._._.. Pmtega..NC_...... .._._........._..._... .............. ..... .. 218Li0._..........
Onsite Representative. Jante3.ABCa.......................... _._.............. ................................... Integrator: PYLiAa MIILSaloe......_............._......._......_...........
Certified Operator. James.E.......................... _.... All ea ......... ................... --................ Operator Certification Number: 17339............. _._...........
.
Location of Farm:
d.milea.nurdLn Pan1m-oz—NC9.%._........................ .._—.._.... .................. _..._......____
Latitude i5'! 38 ;• 25 LongitudeI 6,' ! 38 �� [ 25
Swine
Wean 10 Feeder
Feeder to Fimsb
rulation Poultry Capacity Population Cattle
❑ Laver ❑ Dairy
❑ Non -Laver ji I JE1 Non -Date
1000
❑ OWer
Total Design Capacity
Total SSLW
495,785
_ Number of Lagoons 1 4 Io Subsurface Drains Present jI[]Lagoon Area 1EISpray Field Area l
Holding Ponds/Solid Tmpa F 7 ❑No Liauid Waste Manasement System
1. Is my discharge observed from any pan of the opemtion? ❑ Yes R No
Discharge miginamd at ❑ Lagoon ❑ Spray Field ❑ Other
a. if diadtarn_c isobvty-c�eas We conmrancc man -mode? ❑Yes ONO
b. If discharge i, ob,.eed. did it roach KV aterof the State? (Li yes. aotifi-DWQ) ❑ Yes N No
a Ifdischaree is obsrn od. whni is the cstlmated Ilov in cd/mbi-' n/a
d. Doc, discharge bypass a laroou sv,icm? (Ifec<notif, DWQ) ❑ Yes R No
2. Is there midence of past discharge from am' part of the operation? ❑ Yes N No
3. Were there anv adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes RN.
Waste Collection S Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillwav ❑ Yes N No
Structure I Structure 2 stmerae 3 Structure 4 Structure 5 Stmctore 6
identifier.
Freeboard(inebes):.............. 19."'............. ............?9."_......._...................24.'_...........................2.5"..._....._........_..._......................_.................._..._........
5. Are there any immediate threats to 0te iotegrity of any of the structures observed? (ie/ trees, severe erosion, Yes N No
seepage, etc.)
1 /6N9 Comb,.ed on Ara

acil[ty Number. 7-38 Mile of Inspection
6. Are ere 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 Avidication
10. Are there any buffers that need mainienance/improvement?
IL Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type
3-5-99
❑ 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)?
14. a) Does the facility lack adequate acreage for land application?
b) Does the facility need a wettable acre determination?
15. Does the receiving crop need improvemmi?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readih- 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 activeh 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 faciht3, require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
0 No violations or:deficiencies were noted, during this visit-, You will receive no further
carrespotadence about this visit.:. .
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑Yes ®No
❑ Yes ® No
[:]Yes ® No
- 's-T_:.�:e.scc»� �-._ems ..-r.r- �-r-•-�;rra.. � :�na• .. �- -,,... - .. ^.c•_waw. .. _ ...rs�—r�, � �'�....._-: -� �- - .....� e. _ �._ ..�s-s� .�c -- � _..- :�'�.-.r._r.. .,�._ -.- y
Catnmenis (refer to ques#wn �:.=,Explain anyYES ansrv_et•s and/or arty reovinmendatiniis �o any athet—ooiiiinents:-'��' �`�u:
-.:.:•..r-.r. ..'+i�xY i:—�.�.:.r=4' :4. .'`T�.vd.. ._.�. __ :�� _ .;y_"� .`. :='a.'kF:.=�=T� - __ _ ��!-�::.f R..�.T �_�.� -��
Ilse drawin s of fee to better ci laia'situa#ioris rise additional ''a �es as riecessa :: '�`': ' - s �'� �� � �-�1'�=�:_ ..�r�,,;
4 17 - un-answered because they have not received the hard copy (general permit) at time of inspection.
V 19 - Need to sample waste within 64 days of application, suggest to pull samples quarterly. You must begin recording; weekh-
Ereeboard. When you get the waste analysis back, recalculate the nitrogen balance for the wheat crop.
Dniy 25 lbs of Nitrogen can be applied on wheat in the f411. Then in the spring the plan indicates another allowed PAN. NOTE if you
choose NOT apply the 25 lbs in the fall, you CANNOT add it to the allowed PAN in the spring. Apply nitrogen in accordance to the
waste plan.
led during the inspection: plan to fix, the eroding areas on theiuside of the dike wall.
the facility is well managed.
..
Reviewer/Inspector N arilison' - - - ernesL- - - -
Reviewer/Inspector Signature: �� _ Date: j

nny] Z 311 608 413
US Postal Service
Receipt for Certified Mail
MR , AMES. ALLEN '
JAMES ALLEN HOG -FARM
4271 HWY 99 NORTH
PANTEGO NC 27860
Postage
$ S�
Certified Fee
, Q
Special Delivery Fee
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Ln
Return Receipt Showing to
_
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ta��
4
Return ft6Ceipt Shftq to Whom,
Dete; d AAhwee's Address
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TOTAL Postage &Fees
O
DateN
Postrnark or
0-

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ing services (for an extra fee):
Complete items 3, 4a, and db.
H
ZI Print your name and address on the reverse of this form so that we can return this
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1. ❑ Addressee's Address
m 37 Attach this form to the front of the mailpiece, or on the back if space does not
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m
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a 3. Article Addressed to:
m
4a. Article Number
m
CL E MR JAI-JES ALL�N
0 JANES ALLE;N HOG FARH
4271 HWY 99 NORTH
PANTEGO NC 27860
■ 5. Received By: (Prim Name)
fi. Si ny� ati�re (Addresseeor Agenl
P5 Form 3811, December 1994
-Z 311 4, L)
4b. Service Type
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l First Mail
!UNITED STATES POSTAL SERVICE �;,']'S iJ P f faAe &
Cti PS
r-� errnit Na. -
• Print your na -B, ddress" nd ZIP
N—C.nepartment of Environment
& Natural Resources
Washington Regional office
943 'Washington Square Mall
Washington, NC 27889
4T 111111111111111111111111111E111211111111111111jilrltr Frri�lr�