310862_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

Michael F. Easley, Governor
William G. [toss Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 7, 2007
CERTIFIED MAIL # 7006 0810 0004 4464 5869
RETURN RECEIPT REQUESTED
Mr. Vance Basden
Vance J. Basden Farm
4331 E NC 24
Beulaville , NC 28518
Coleen H. Sullins, Director
Division of Water Quality
Subject: Notice of Violation and Recommendation for
Enforcement
Case # NOV-2008-PC-0008
Vance J. Basden Farm
Facility Number:ir3l1�)3fi2221
Duplin County
Dear Mr. Basden: j ' J ,r�`b .G Y' 1��� 5 y x/a C e f,-c? s41-
s�hfi -fa 110 v whi W a 3 1.vW d u e, r` e.t f/ dcct ect J 4t.J061-7 Z / Zoc, 7 .
This is to notify you of violations to Swine. Waste Management System General Permit
AWG100000 issued on October 1, 2004 under Certificate of Coverage AWS310862.
On November 8, 2007, Mr. Kevin Rowland from the Wilmington Regional Office performed an
inspection of the waste management system serving your animal operation. During the
inspection, Mr. Rowland noted the following violations:
1. Failure to Calibrate Irrigation Equipment
Upon inspection of the farm's records, Mr. Rowland could not find any documentation
that the irrigation equipment had been calibrated.
The failure to calibrate the irrigation equipment is in violation of Condition No. Il. 24 of
General Permit AWG100000 that states, "All waste application equipment must be
tested and calibrated once in the first two years after issuance of the COC and then at
least once every two years thereafter. The results must be documented on forms
provided by or approved by, the Division."
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 FAX [phone]
An Equal Opportun'stylAffrmative Action Employer— 50% Recycled110% Post Consumer Paper
o NCarolina
Naturally

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Mr_ Basden
Page 2 of 3
January 7, 2007
2. Failure to have required documents readily available
At the time of inspection, a copy of the Certificate of Coverage (COC) was not available
for review.
This is in violation of Condition 111.10 of the General Permit that states in part, "A copy of
the general permit, COC, certification forms, lessee and landowner agreements, the
CAWMP, and a copy of all records required by this general permit... ..shall be readily
available at the farm where animal waste management activities are being conducted for
the life of this.General Permit."
3. No Waste Analysis to Cover Irrigation Events
Upon inspection of the farm records, Mr. Rowland could not find waste analysis reports
matching analysis used on irrigation records by the operator. Only one (1) waste
analysis report for 2007 could be found.
This is in violation pf Condition 111.5 of the General Permit that states in part, "An analysis
of animal waste shall be conducted in accordance with laboratory sampling procedures
as close to the time of application as practical and at least within sixty (60) days (before
or after) of the date of application".
4. No Irrigation Records to Explain 8 Inch Drop in Lagoon level
Upon inspection of the farm's records, Mr. Rowland noticed a eight (8) inch drop in the
lagoon freeboard levels between May 7, 2007 and May 26, 2007. No irrigation events
were recorded during this time period. The operator stated that he 'used an Aerway
system but did not record the application.
This is in violation of Condition 111.6 of the General Permit that states in part, "The
Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates, and cropping information".
5. Failure to Submit a Sludge Removal Plan
According to the July 23, 2007 Sludge Survey, the facility's lagoon had a treatment level
of 3.36 feet. No sludge removal plan or management plan has been submitted to the
Wilmington Regional Office.
This is in violation of Condition 111.19 of the General Permit that states in part, "If the
sludge accumulation is such that it that it is greater than the volume for which the lagoon
was designed or the accumulation reduces the lagoon's minimum treatment volume to
less than the volume for that which the lagoon was designed, a sludge removal or
management plan must be submitted to the appropriate Division Regional Office within
ninety (90) days of the determination".

• Mr. Basden
Page 3 of 3
January 7, 2007
In response to these violations, this office must receive the following information within
fifteen (15) working days of the receipt of this notice:
a. A written explanation of the violations.
b. A copy of the Certified Animal Waste Management Plan.
c. All Irrigation, waste analysis, freeboard, and rainfall records for 2007.
d. A sludge removal or management plan.
You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any
assistance they may be able to provide.
Be advised that the Division of Water Quality may take' further action in these matters including
assessment of civil penalties, injunctive relief, and permit revocation.
If you have any questions concerning this matter, please do not hesitate to call Mr. Kevin
Rowland at 910-617-8824. Also, please find enclosed a copy of the inspection report.
Your ve trul ,
Charles . Stehman, Ph.D., P.G.
Environmental Regional Supervisor II
Enclosures (Addressee only)
cc: Billy Houston, Duplin County Soil and Water Conservation District
John College, DSWC-WiRO
Kraig Westerbeek, Murphy -Brown, LLC
APS Central Files
DWQ Wilmington Animal Files 31-862
S:1WQSIANIMALSIDUPLINQ007131-862 NOV