080034_ENFORCEMENT_20171231

NORTH CAROLINA .�
Department of Environmental Qua

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

f.
J.L. MAXWELL. JR-, CHAIRMAN
H.G. MAXWELL. III, PRESIDFNT
J.W, PELLETIER. III, VICE PRESIDENT
J.L- MAXWELL. III, SECRETARY -TREASURER
W. MILTON HENDRIXSON, NUTRITIONIST
H.H. (NICK) WEAVER, MANAGER. SC FARMS
938 Millers Chapel Road • P.Q. Box 10009 • Goldsboro, NC 27532
Phone [phone] • Fax [phone]
May 7, 2003
Scott Vinson
Division of Water Quality
943 Washington Square Mall RECEIVED
Washington, NC 27889
SUBJECT: NOV Letter MAY 1 2 2003
Request for Information
Indian Woods # 08-34 DWQ-WARD
Dear Scott:
Per the letter received from Dennis Ramsey on April 23, 2003, l am submitting
the requested data for the aforementioned facility. i do appreciate efforts on your part to
try to conduct this process in a more efficient and timely manner.
Current freeboard levels are 20" and 20". Freeboard level records for the past 12
months are enclosed for your review. You should note that in October we were at 42"
and 43" of freeboard and that from that point in time until March 7, when you were
notified of the less than 19" of freeboard, we had received approximately 30" of rainfall at
this facility. You will also note from our rainfall records, that this rainfall was consistently
occurring during October, February and March, which are our land application months
for our small grain. Rainfall every week the month of February following 20+ inches of
rain during October— January made it virtually impossible to land apply due to saturated
fields. We chose to hold the liquid in the lagoons instead of risking ponding or run-off.
Land application records are enclosed for the past 12 months. Should you have
any questions, please do not hesitate to contact me. As you and I have previously
discussed, it would have been much more efficient for this review to occur in person, so
any questions could have been addressed immediately and resolved.
Cropping system and PAN specified in the CAWMP can only mean my most
current WUP, so I am enclosing that. Of course, it is available in the central office, as
we had to submit them as recently as in the past 90 days for permits.
The actions we took, during this period of 39.9" of chronic and continuous rainfall
at this facility from October until April, was to hold the effluent in the lagoon until soil,
crop and weather conditions allowed us to make land application in a manner that was
environmentally sound with no run-off or ponding and where the nutrients would be
utilized by the crop. We used a hay king to aerate the fields so they would dry and to
insure that the land application would penetrate the top horizon of the soil profile and
would be utilized by the root zone. We utilized specific irrigation pulls, picking the best
soil and field conditions to apply to and ran lower time increments. In addition, we
leased additional adjoining land and added it to our waste utilization plan.
We have changed out fixed nipple waterers to hanging waterers already that
have resulted in a 10-15% water savings and are considering changing to bowl waterers
GOLDSBORO MILLING COMPANY SLEEPY CREEK FARMS SLEEPY CREEK TURKEYS BEAR CREEK FARMS GOLDSBORO MILLING GRAIN
FEED PRODUCTION UNIT TURKEY HATCHERY TURKEY PROOUCTION UNIT BREEDER PRODUU T ION UNIT GRAIN BUYING UNIT
MAXWELL FARMS COLD CREEK FARMS GOLDSBORO HOG FARMS G 6 L PROCESSING CAROLINA TURKEYS CAROLINA TURKEYS OF WRGINIA
FARM MANAGEMENT TURKEY PRODUCTION UNIT SWINE PRODUCTION UNIT FARM MANAGEMENT TURKEY PROCESSING PLANT TURKEY PROCESSIN5 PLANT

that research shows may increase our water savings an additional 10-15%. We also
removed all high volume hoses for wash down during this critical time and limited
cleaning and with only a high pressure hose.
The industry requested in mid -summer to be allowed to lower their lagoons below
the stop pump elevation due to the drought and crop stress. Unfortunately, the Division
did not respond to this request until October, at which time the rains had already started
and it was too late. A variance not to be held rigidly to the stop pump elevation and to
be allowed to lower our lagoons 5-12" below that elevation during the summer when we
have high levels and concentrations of bacteria and increased activity would help. To be
allowed to land apply to bermuda to November 1 or the first killing frost would also help
and would not impede the small grain that had been planted. In the case of what
occurred this year, I have no solutions to rainfall events in excess of 39", unless we can
lower our lagoons to have additional storage capacity as I have already discussed.
i respectfully request to be involved in the review of this data that I am submitting
to you and that all questions you may have be directed to me. I am enclosing a self-
addressed envelope and request that you return the data submitted back to me. I
respectfully request that you not copy the data that I have submitted to you. In addition,
if at all possible, I would request a written response from you within 30 days, per the
letter from Alan Klimek to Rann Carpenter with the NC Pork Council, of any further
action that may be taken against this facility. If you have any questions about these
requests, you may contact me at 919-778-3139 at my office or 919-589-7561 on my
mobile. Again, thank you for your assistance in this review and the cooperative effort on
your part to make this as an efficient process as possible.
Respectfully submitted,
orgental
. Pettus
E Management
Goldsboro Hog Farms

O O� W A TFyQc
r
7 �
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
fl `� Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Goldsboro Hog Farms
PO Box 10009
Goldsboro NC 27532
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Indian Woods
#8-34
Bertie County
Dear Sir or Madam:
RECE `ED
APR 2 3 2003
On March 7, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on June 20, 1997. In addition to this Notice of Violation (NOV), this non--
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist us in our review, please provide the Washington Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
M4NU
Customer Service: Mailing Address: telephone [phone] Location:
1-ST7-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Aftirmative Action Employer
50% recycled 110% postironsumer paper
hffpJ1h2o.enr state.nc.us

Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP..1f the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system.in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
c,r3 A
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide T __
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Washington Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Washington Regional Office Staff at
[phone].
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Washington Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

Information contained in this database is from non agency sources and is considered unconfirmed:
Animal Operation's Tele hone Lo
DWQ Facility Number
Farm Name
Callers Name
Callers Phone #
Access to Farm
®—®
Date
Indian Woods
Time
George Pettus
Control Number
DQ Reporting O Complain#
Region
19-778-3130
Faun Accessible
from main road 10 Yes O No
Animal Population
Confined
Depop
Feed Available
Mortality
O Yes O No
O Yes O No
O Yes O No
O Yes O No
Spray A►•ailabilift
Pumping
Equipment O Yes O No
Available
Fields 10 Yes O No
Lagoon Questions
Breached
15 Yes 0 No
Inundated
10 Yes O No
Overtopped
10 Yes O No
Water on
0 Yes O No
Outside Wall
Dike Conditions
10 Yes O No
3J7J2003
1 B:44
1886
ARQ
Freeboard Level
Freeboard
Plan Due Date
Date Plan Date Freeboard
Inches
Q equals blank]
Received Level OK
Lagoon? 18
3J912003
i
J7J2003 3 0 - 21
Lagoon2 18
3/9/2003
13M2003
Lagoon3
Lagoon4
I�
Lagoon5 0
I�
Lagoonfi 0
0
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tpe ontaking callscott Vinson
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u40.- UiOuuL.
Subject: daily update
Date: Sat, 29 Mar 2003 12:26.57 -0500
From: George Pettus <[e-mail]>
Organization: Goldsboro Milling CO
To: "Daphne Cullom (E-mail)" <[e-mail]>,
"Lyn Hardison (E-mail.)" <Lyn Hardison@cnk-anet>,
"scott.vinson@CmaiLnet'" <[e-mail]>
CC: "Jason Hobbs (E-mail)" <jhobb a7grncom nets
guess each of you are aware that we are experiencing scattered showers
and they are predicting more thunderstorms for this evening and tomorrow.
Jason and I have been checking farms this morning and we are running where
we can. Updated levels as of noon today are:
Republican: 18" and 19" and iso 23" occasional showers
Hodges: 12" and 15.5" and iso 26" rain showers and wind
Indian Woods: 20" and 20"
Parker: 20" and 16.5" occasional showers
Worthington: 17.5" occasional showers
Denending on the amount of rain we receive tonight and tomorrow, I will
update you sometime on Monday. I hope each of you are having a nice,
peaceful and restful weekend!
George
1 of 1 4f)A3 2:55 PM

Uo G
A I I
Subject: update
Date: Thu 3 Apr 2003 18:35:50 -0500
From: George Pettus <ici1427 icomnet.com>
Organization: Goldsboro Milling CO
To: "Daphne Cullom (E-mail)" <[e-mail]>,
"Lyn Hardison (E-mail)" <Lyn.Hardison ncmail.net>,
"'scott_vin5on [I lcrnail_net". Cscott.vinson ncmall.nt t7
just wanted to let you know that we have NO lagoons, with the exception of
Hodges, in the red in your region any longer!
Hodges is at 15" and 16" and we continue to work on it, slowly but surely.
I will keep you updated.
There are a lot of rumors circulating up in Raleigh among the enviros and
legislators about what action is going to be taken with regard to those of
.—us-that self=reported_ lagoons -with -less -than-19".—That• -is --the-only-issue-I -
am interested in since I never had a lagoon go less than 12". Can you tell
me with any certainty what I can expect as far as enforcement action? I
have heard everything from nothing to NOD's to NOV's to NOV's with civil
penalties ranging from $ 500 to
$ 1500. Maybe you can enlighten me.
I can understand those that did not report getting NOV's with civil
penalties. For those of us that self -reported and had managed them (had
them at stop pump or lower Oct 15 and had land applied when the weather
would allow since), I think NOV's are unwarranted. That is my opinion.
Take that and a dollar and go to the closest convenient store and get you
a 20 oz. soda. I only feel that way because of the chronic rainfall we
have experienced.
I welcome your opinion, your knowledge and your input.
George
1 of] 414163 10:04 AM

'WV
Michael F. Easley, Governor
WIIGam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 22, 2003
Mr. George Pettus
Goldsboro Hog Farms
PO Box 10009
Goldsboro, NC 27532
Subject. Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
Indian Woods Farm
Facility 8-34
Bertie County
Dear George Pettus:
Alan W. IQmek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Washington Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Washington Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that Was issued to you on April 16, 2003 and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range
(stop pump mark at 48"). These methods include, but are not limited to, water conservation
practices, adding additional application sites, updating your cropping systems, adding additional
and/or more flexible application equipment, and maintaining the lagoon levels at the lowest
allowable and appropriate levels throughout the year. Our staff looks forward to continuing to
work with you and your Technical Specialist to evaluate and implement any needed changes to
your system.
Customer Service: Mailing address. Telephone: [phone]
1 800 623-7748 1617 Mall Service Center Fax: [phone]
Raleigh, NC 276841617 State Courier #52-01 -01
An Equal opportunity 1 Aframative Action Employer
5D% recycled 110% post-4Donsumer paper
ht1pJ1h2o. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617