070065_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr„ Governor
Wayne McDevitt, secretary
Kerr T. Stevens, Director
CERTIFIED MAIL_
RETURN RECEIPT REQUESTED
June 15, 1999
Mr. Leamon Allen
L.H. Allen & Sons, Inc. Farms
3703 NC 99 Hwy North
Pantego, North Carolina 27860
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
L.H. Allen & Sons, Inc. Farms
Facility No. # 7- 61 & 7-65
Beaufort County
Dear Mr. Allen:
Enclosed please find a copies of the Animal Feedlot Operation Site Inspections (as it is
viewed in DWQ database) conducted at the referenced facilities by the Division of Water
Quality from the Washington Regional Office. Please read these inspections and keep
with all other documents pertaining to your animal operation for future inspections.
In general, the inspection included verifying that: (1) the farm is complying with
requirements of the State Rules 15 NCAC 214.4217, 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).
cp In accordance with condition III, item 4 of your General Pernnit, 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.
T 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 252-94fi-9215
An Equal Opportunity Affirmative Action Employer

Cont. Page Two
L.H. Allen & Sons, Inc. Farms
# 7- 61 & 7-65
(p At facility # 7-61, the lagoon levels in lagoon 2 & 3 are not ideal. It is recommended to
maintain a minimum of 12 inches in these lagoons at all times.
It is recommended to install a gauged marker in the lagoon 1 and the final lagoon.
q) It is not a good practice to dispose of old feed on the edge of the swamp. It is
recommended to find an environmentally sound means of disposal for old feed.
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 252/946-6481, ext 318 or your Technical Specialist.
Sincerely,
Lyn B. Hardison
Environmental Specialist
Cc: Beaufort County SWCD Office
DSWC-WaRO (w/out attachments)
Compliance Group (w/out attachments)
W ntral Files
aRO
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer

--- -
-_ - D�►�iaion of Soil and Water Conservatiion - Dprratib>i Review
- •-
-- -- --_ ----.. _.
_- 0 Dian of Soil and Water Canserva#ton --Compliance Inspection
1?n talon of Water Quxltty - Compliance Iuspecttlon.
Otlaer,A n - O ratwn We sew
-
_ 0.:... Pe. -
a Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Folio►► --up of DSWC revie►. 0 Other
i Facility Number 7 6l Bate of Inspection
E Time of Inspection lU0[1 24 hr. (hh:mm)
B Permitted 1% Certified 01 Conditionally Certified 0 Registered 13 Not Overation—all Date Last Operated:
Farm Name: LD. �l�l�eq� &.S?A.IiIC._Sil alrm __. _ _ _ ._........ Cor:ntv: gl[1~._.__..._.... - ».-..._...-. WA.R-0.......
Owner Name: T eamon_ _.. .._ �_.. AIiGII._._ ».._.__ .__._. Phone No:
Facility Contact: BjUjw Da.Y-is....... __ _.... ._ ___ .. Title* .. ... . ..... . ...... . . ........... . __._.....- Phone No:
?flailing Address: �.7.51�.i5[C.94 High��: �iRl�th ....____.._..» ......__ .»...__..._.. Paut7kegR. NC...._ .»...._--- ..... ............... -..............
Onsite Representative: ,al _R�g-q ........ ----__.» ---- ---- integrator: itldepl4.ild�ilt....._...... .....
Certified Operator .. iRiis »_.._-...__....- Operator Certification Number:
Location of Farm:
_ _...- - - -- — - - — ----- .._ - -- - -
Latitude L 35 L_- IS s� Longitude 1 76
Design Current
swine Capacity Population
❑ Wean to Feeder
❑ Feeder to Finish
® Farrow to Wean 1350 1325
❑ Farrow to Feeder
❑ Fafrow to Finish
❑ Gilts
❑ Boars
Design Current
Poultry Capacity Population
❑ Layer
❑ Non -Layer
Cattle Capacity Population
❑ Dairy
❑ Non -Dairy
Total Design Capacity 1,350
Total SSLW 584,554
Nmmbcr of Lagoons 1 2 JEJ Subsurface Drains Present ❑ Lagoon Area 10 spray Field Area
Holding Ponds 1 Solid Traps 4 ❑ No Liquid Waste Management System 71
Discharges & Stream Impayi7 ,
I - Is any discharge observed from anv part of the operation?
Discharse vrigivafed at: ❑ Lagoon []SprayField ❑ Other
❑ Yes Z No
a. If dischargc is ohsen'ed, v+'as the convevance wan -made" ❑ Yes 0 No
b- If discharga is obsen cd did iI reach F ater of the Stale:' (If yes- notify DWQ) ❑Yes ®Na
c. If discharge is oketz'ed- what is the estitnated f1mv in calimiu•? nla
d. Does &;charge b\ pass a lagoon stem? (If ti cs- notin- DWQ) [:]Yes ® No
2. Is there evidence of past discharge from any part of the operation?
❑ Yes
0 No
3_ Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
❑ Yes
® No
Wwae Collection & Treatment
C Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
N Yes
❑ No
Structure 1 Structure ? Strucntre 3 Structure 4 Structure 7
Structure 6
Ideniiiier.I.(hntt}..............#€?.isaJis••.3..Gsalus..........4.(tucling%...... ... {.(se.�.._......-.....f�.(tal]........
Freeboard (inches): ... ......... 147------.-»-- _.... ...... 6'__------ ..... .... »... _35'°_..._...._........
_--..3.0........
5_ Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion,
❑ yes
® No
seepage, etc-)
116199
Continued on back -

Facility Number. 7-61 Date dof Inspectii)n
6. , Are there structures on -site which are not proper-4 addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered ves, and the situation poses an
immediatr public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any par[ of the waste management system other than waste structures require maintenance/improvement?
9. Do any strictures lack adequate, ganged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenanceTimprovement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN
3-5-99
❑ Yes
N No
❑ Yes
N No
❑ Yes
N No
N Yes
❑ No
❑ Yes
N No
❑ Yes
N No
12. Crop type-In.?b�>5.3hI._... ___._....---_ _ �_ _ ._. �._ _ _ . _�.
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No
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 improvement?
16, Is there a lack of adequate waste application equipment?
R uired Ree(Frds & Dmuments
17. Fail to have Certificate of Coverage & General Permit readily available?
18- Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20_ Is facility not is 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 reviewlinspection 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?
❑ -No violations or deficiencies were noted during this visit You well receive no further,
cot=respondence about this visit
❑ Yes ® No
❑ Yes N No
❑ Yes ® No
❑ Yes ® No
❑ Yes N No
❑ Yes N No
® Yes [:)No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes N No
Commefuts. {refer to ques#on_�:-_Ezplam-nnyYES=answers andlor.any,.seootio�mendatious or and -other comments.': �` __`:�"-- ���.;°:
IIse drawin of lac to bet#er a lairsntuations use additional °... -es as uecess _- , - - - _ - ---- -_ -
0 19 - Need to secure waste analysis with 60 days of application. Suggest to collect samples quarterh'.
# 4 - The lagoon levels of the L2 & L3 are not ideal Recommend to maintain a minimum of 12 inches.
4 9 - Could not read the marker in lagoon one (tinder the water level) and the marker in the final lagoon is difficult to read because the
lagoon design information does not indicate where the temporary storage elevation should be or even if the 24 hr, 25 yr storm events
from the others lagoon are included in the final lagoon. There are plans to install new markers which is a good idea.
Irrigation records are satisfactory. The general permit requires you to record weekly freeboard levels.
DO NOT dispose of old feed in the swamp, ditch or any waterway
Zontirme to work on the lour areas on the dike walls. Need to begin pumping as waste plan allows as soon as weather permits-
Reviewer/Iuspector Name
Reviewer/Inspector Signature: W .�� _ Date: Z5-_ 9 '9

Compliance Inspection .
Inspection
Fac0lty Numher E7 65
11 Permitted 19 Certified Ci. Conditionally Certified E;A Registered
Date of Inspection 35-99
Time of Inspection f540 24 hr.(hb:mm)
9 Not O arational Date last Operated:
Farm Name: L.H..Allaa&.Soa.Inw.=F.ipiehtug._..___.__..___.._..___..._ Counts: BsaufnR._.._...__...._._.__.........._ IYAgU...._.
Owner Name. Ramon_._..._._._._..... All ea___ ------------ .. .. Phone No: 252-93&53.Q4._----- _....._._.__._..__..___.
FaciDh' Contact:$ryanHatis.._........... ... _..___._..._.. Title: ..__... _.................... _... _... ..... _............ Phone No: 252-9.d5-S15U(QL_.__.....
Mailing Address:3.7.01.NC.9.9.11ighpa}aYuttft__._............_..........._._.._....__.. Pantego-NC.... .......... .... _..... ..................... 27.8.60._.........
Onsite Representative: _.___......_ .. Inte rector.'
.........._.._...—_..._........._.._._. g wdeltendent........._....._.
Certified Operator. Bryan$,_,_._....__._........_ DaliS.._...._..._......_......_ _......... .. Operator Certification Number: 18.832...__.__..__.._._...
Location of Farm:
Latitude i 35 0 .`i 20 =�
Swore Caoacity Pnnnlatkn
Feeder
3500V55,
Fin sh
12000
o Wean
Feeder
MF-.h
o Finish
Longitude DiD• 3g I` 40
P--tq Capacity Population Cattle Capacity Population
❑ Laver OD
airy
❑ Non -laver ❑Non -Deny
❑ Olher
Total Design Capacity 15,SD0
Total SSLw F 1,725,0O0
Number of Lagoons 4 ILI Subsurface Drains Present 1101,agwnArca
❑Sprat Field Mee
Holding Ponds / Solid Traps C� _ ❑ No Liquid Waste Manavement FvO_
L Is any discharge observed from any part of the operation? ❑Yes ®No
Discharge originaicd ar ❑ Lagoon ❑ Spmv Field ❑ Odter
a. ICdischmra r nbsntied. eras the win seance man-made' ❑ Yes ® No
b. If discharvc is nbsetred did o reach Rater of the State'! (if yes_ uobfiDWQ) ❑ Yes ® No
a 11 discb.7c is ohcnvod, elbat is the estimated florc in 2:d/min? n/a
d. Does discoet— bypnss a la2oou .-}stem? (Yves, notify UWQ ❑ Yes ® No
2. Is there evidence of past discharge from my part of the operation? ❑ Yes ® No
3. Were there am, adverse ®pacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
W acts Collection & Treatmem
4. is storage capacity' (freeboard pins stoma storage) less than adequate? ❑ Spillway ❑ Yes ®No
Structure I St.tme 2 Suvcture 3 Str ccowc 4 Structure 5 Stmcwte 6
Identifier: ............... #...I ....... _.... .......... . 112... _.... _.._............. N.3........................._..#.4........_.................................._......................_. _.
Freeboard (incbes): .._......_.12C12_""..._.......12'=..._....__ ._._....._12P...._..._..
5. Are there any immediate threats to the integrity of my of the strvctmes observed? (ie/ trees, severe sensing
I/6/99 seepage, etc.) Yes No
Conti on Hack

Facdtty Number. 7-65 Date of Inspection
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 maintenancelrrnprovement?
8. Does any part of the waste management system other than waste structures require maintenance/unprovement?
9. Do any stucures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Ap 1iea6on
10. Are there any buffers that need maintenance/improvement?
11, is there evidence of over application? ❑ Excessive Ponding ❑ PAN
12. Crop type 1",
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 improvement?
16. 1s there a lack of adequate waste application equipment?
RequiredRequimd Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available?
I & Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, reaps, 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/lnspector 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?
El .No violations or:defciencies were noted during this -visit: You will receive no further:
correspondence aliont tLis visit
or
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes N No
® Yes ❑ No
❑ Yes N No
❑ Yes N No
❑ Yes N No
❑ Yes ® No
❑ Yes ® No
..'gym
19 -Need to secure waste analysis with 60 days of application. Suggest to collect samples quarterly. The general permit requires you
record weekly freeboard levels.
ie marker in the final lagoon is difficult to read because the lagoon design information does not indicate where the temporary storage
oration should be or even if the 24 hr, 25 yr storm events from the others lagoon are inchu ed in the final lagoon. There are plans to
stall new markers which is a good idea.
rigation records are satisfactory. In the revised waste plan the allow PAN is lower that what was illustrated in the old plan_
you have any questions, please contact me at 252-946-6481, ext. 318,
k-.
- - - - - - - - _ - -_ ---- - _-
Reviewer/UspectorName lL i-
Reviewer/Inspector Signature: _ — Date: I - �`3

SENDA:,
l also wish to receive the follow-
�" , a oinpiete s V rxv4 r 2 far addRawittl services .
i[>q seritj[ (far an. ex_>Ta fet3�.
m Cmptete @ems
:-. •-
Print kd&[lards arm address on flis raererss aiihis farm eo tliat we can reSurn tFes
"` `��y" .-
7w -=card toyau;,�•:
1-.`D44dre§RWS0ddr6si,..�'.
'.2 W 17 Httarh a tanf of-fhemeulpieoa;-of-M ielfedc iFspece�does riot._ .e
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�. PSi4S�iCted �@ttYerp,•` _
_ . Q VVri[e 'Rerum Receipt RegLniiaa' on the mailpime below the anid®rium6er. M '
a The Return Receipt v4 show to whorn . the arkfe was delivered and the date
_
C
1 m 3. Article -Addressed to:. 4 W _
4a. Amide Number14 -
`•.:
-� s
.VILTr�` LEAFyION ALLEN
14b.
,rt .-
Service Type
L H A?,LEN & SONS INC FARM
g
' 3703
❑.Registered -'(CerhFied
NC 99 HW NORTH
�;
p Ei-Weis AAail 0lnsured
PAIVTC'Q TIC 27860
❑ Return -Receipt for Merchandise ❑ CCD
7. da f t7el7
71,
ReCehed By ( H }
8: Addressee's Address (Only if ssted and
j .-�} -
fee is paid)
1511; D r 1994-.
fW595-W -�23 Domestic Return Receipt