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960005_ENFORCEMENT_20171231
z V NORTH CAROLINA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT N00-aQ16-PC-00'S(b v4, , r PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 96-5 County: Wayne Facility Name: Donnie Peedin Farm Certified Operator Name: Keith Hill Operator Number: 986441 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 1 N 17.5 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables_ Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. . - Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Phone: Facility Owner/Manager (print) Date: Facility Owner/Manager (signature) Ca_1611y\ 11.5-mck Chn NOD LP_.A4e,,r H%5/a o1 b. ��-a 1 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 1 line m = 749.4 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5, Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 749.4 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) L TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u, application window' 7256 1 Rye 2.52 50.00 126.0 OCT-MAR 7256 2 Rye 2.34 36.00 84.2 OCT-MAR 7256 3 Rye 3.47 37.00 128.4 OCT-MAR 7256 4 Rye 1.46 50.00 73.0 OCT-MAR 7256 5 Rye 1.12 37.00 41.4 OCT-MAR 7256 6 Rye 0.64 37.00 23.7 OCT-MAR 7256 7 Rye 2.65 41.00 108.7 OCT-MAR 7256 8 Rye 1.61 37.00 59.6 OCT-MAR 7256 9 Rye 0.59 50.00 29.5 OCT-MAR 7256 10 Rye 0.59 50.00 29.5 OCT-MAR 7256 11 Rye 1.30 50.00 65.0 OCT-MAR V. 1 otal PAN available for all tlelds (sum of column t) _ IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) _ x. Crop's remaining PAN balance (line v from section Ill) = y. Overall PAN balance (w - x) = tb9.0 lb. PAN 749.4 lb. PAN 769.0 lb. PAN -20 lb. PAN i 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): 1 2- Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.5 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.5 inches top of dike surface area according to design d. (area at below structural freeboard elevation) 162400 ft2 e. line c/12 x line d x 7.48 gallons/ft3 151844 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 242314 ft3 h.-current herd # 7350 certified herd # 7350 actual waste produced = current herd # x- line g = 242314 ft' certified herd # i. volume of wash water according to structural design Oft3 j, excess rainfall over evaporation according to design 94733 ft3 k. (lines h + i + j) x 7.48 x 30 days/line f= 420185 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1/12/2016 1.31 m. ((lines e + k)/1000) x line 1 = 749 lbs. PAN Water Resources ENVIRONMENTAL GIVALITY April 12, 2016 Ms. Gwendolyn Peedin Anderson Donnie Peedin Farm 1672 Old Smithfield Rd Goldsboro, North Carolina 27530 Subject: Notice of Deficiency - Freeboard Level Donnie Peedin Farm #96-05 AWS960005 Wayne County NOD-2016-PC-0036 Dear Gwendolyn Peedin Anderson: PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN I)h"clor We have noted chronic rainfall events in North Carolina that are historic rainfall totals in some areas. Thank you for your recent call regarding the freeboard levels at your facilities. On February 5, 2016, during a telephone conversation with staff of the NC Division of Water Resources (DWR), you reported a high freeboard level (17.5 inches) in the primary lagoon. Please be advised that failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan and with Condition V. 2. of NC Swine Waste System General Permit could result in other actions being taken by the Division in response to compliance matters. Deficiency 1: On February 5, 2016, a lagoon/storage pond level was documented at (17.5 inches) of freeboard at the primary lagoon. A level of (19 inches) is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Thank you for submitting a 30 day Plan of Action on February 10, 2016. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. State of North Carolina G Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mail, Washington, NC 27899 252-946-6481 April 12, 2016 Donnie Peedin Farm Cont. Page Two Please work to ensure that your facility is managed in a way to maintain compliance with permit and animal waste management plan requirements. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. To minimize the potential for any possible future compliance matters attributable to prolonged wet weather conditions, you may wish to review your animal waste management system design, as well as the waste plan itself, for any potentially beneficial modifications and/or improvements. If you have any questions concerning this letter, please contact me at (252)-948-3939. Sincerely, A/r/ tf� r David May Water Quality Regional Operations Supervisor Washington Regional Office Cc: DWR-WQROS-CAFO Unit -Central Office Wayne County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files JKD Files HCDEH North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 13, 2009 Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Rd. Goldsboro, NC 27530 RE: Acknowledgment of Receipt of Payment Case No. PC-2009-0016 Farm # 96-0005 Wayne County Dear Ms. Peedin: This letter is to acknowledge receipt of your check No. 6034 in the amount of $3354.27 on July 6, 2009. This payment satisfies in full the civil assessment in the amount of $3354.27 levied against Gwendolyn H. Peedin and the case has been closed. If you have any questions, please call me at (919) 715-6937. Sincerely,,. Miressa D. Garoma Animal Feeding Operations Unit cc: David May, Washington APS Regional Supervisor File # PC-2009-0016 APS Central Files AQUIFER PROTECTION SECTION i 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 2760E Phone: 919-733-3221 t FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 Internet www.ncwatemuality.ora i J U L 14 2009 1 ��7i i1:1'Ll l'J1Y I iL I1'/1lll�aro ^ �• ; E"� On, YNona Naturally An ti 49ir -ti— hryinn rmnlnvor 4 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly waves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 3, 2009 CERTIFIED MAIL — 7006 2150 0003 5467 3562 RETURN RECEIPT REQUESTED Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Rd. Goldsboro, NC 27530 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 96-0005 Wayne County File No. PC-2009-0016 Permit No. AWS960005 Dear Ms. Peedin: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $1750.00 of the civil penalty assessment. The revised civil penalty is therefore $3354.27 ($2750.00 civil penalty plus $604.27 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty (30) days of your receipt of this letter to the attention of: Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 1 AOUIFER PROTECTION SECTION - 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 No-jft ICc`irOl.l.na ! ocai on: 2728 Capital Boulevard, Raleigh. North Carolina 27604 Y Phone: 919-733.32211 FAX 1: 919.715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 F aturally Internet www.ncwateMuality-org do Fnual ,7nnnripnih+'� GftiRn�fivn G�ijnn wmnlnvor Page 2 Donnie Peedin Farm If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the Division of Water Quality's recommendation for the full amount of the original penalty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If You or your representative would like -to speak before the Committee, you must complete and return the attached form within thirty (30) days of receipt of this letter. Send the completed form to: Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at (919) 733-3221. Sinc ely, Coledn H: SuOins. Attachments cc: David May, Washington APS Regional Supervisor w/ attachments File # PC-2009-0016 w/ attachments APS Central Files w/ attachments Memorandum To: Coleen H. Sullins Through: Miressa Garoma/Keith Larick From: David May, Washington Regional O ice Supervisor Date: May 8, 2009 Re: Remission Request for Gwendolyn H. Peedin / Donnie Peedin Farm Enforcement Case PC-2009-0016 SUMMARY A civil penalty of $5104.27 was assessed against Gwendolyn H. Peedin for failing to apply wastewater at a rate in accordance with the CAWMP causing excessive ponding, and discharge hog waste to surface waters without proper use of Best Management Practices and; failing to notify DWQ of the non compliance events. CASE BACKGROUND December 31, 2008 -Inspection WARO anonymously received a report of wastewater over application to crops at the Donnie Peedin Farm. Eric Newsome of the DWQ investigated and determined that excessive ponding occurred on a 4.05-acre oats field due to excessive spray irrigation. The DWQ inspection revealed: 1. Seven ponded areas (1,287 total estimated gallons) that remained twenty-four (24) hours after the original irrigation on December 30, 2008. 2. One of the areas (approximately 5 gallons of volume) was thirteen feet from the headwaters of Falling Creek —a distance less than the twenty-five (25) foot buffer required by the facility Confined Animal Waste Management Plan (CAWMP). 3. Laboratory results and visual evidence from Falling Creek indicate that either wind drift or runoff from the December 30, 2008 irrigation entered waters of the state. Chemical analyses of grab samples taken from Falling Creek, adjacent to the spray field, indicated significant levels of fecal coliform (>2000count/100ml), Biochemical Oxygen Demand, nitrogen, and phosphorous. 4. No telephonic notification was made to the Washington Regional Office within twenty-four (24) hours of becoming aware of the December 30, 2008 discharge or of the waste application that exceeded limits outlined in the Confined Animal Waste Management Plan. December 31, 2008 - Sampling Three surface water samples were taken along the bank of the surface water to Falling Creek; one at the southeastern edge (A -"upstream"), the second at the southwestern edge (B-"discharge"), and the last at the northwestern edge (C-"downstream"). Lab results showed detectable, peaking levels of ammonia, total kjeldahl nitrogen, and phosphorus present from samples A to C. Sample Location Sampling Fecal BOD Ammonia TKN Nitrates, Phosphorus, P Date Colifor (mg/1) NH3 as N (mg/L) Nitrites (mg/L) m (mg/L) (NO3, NO2) (Count/ (mg/L) 100 ml A -"Upstream" 12/31/2008 4800 140 140 170 ND* 35 B-"Discharge" 12/31/2008 7000 300 260 300 ND* 45 C"Downstream" 12/31/2008 2000 270 83 110 ND* 26 *ND -Not Detected January 12, 2009- NOV 'A NOV was issued January'l2,- 2009 citing violations of discharge, wastewater pbnding; buffer rule'violation and incident notification failure. April 3, 2009 — Assessment of Civil Penalties A civil penalty of $5104.27 including $604.27 in investigative costs was issued to Gwendolyn H. Peedin for: For failing to apply waste at a rate in accordance with the CAWMP... $4000.00 For failing to notify DWQ about the incident ................ ................. $500.00 Enforcement Costs.......... .......... $604.27 ............................................ Total Civil Penalty ......................................... ......$5104.27 April 30, 2009 — Justification For Remission Request All of the five factors were checked on the Justification form, and did provide a written response: Gwendolyn H. Peedin responded to the civil penalty assessment by acknowledging the presence of ponding, attributing the cause to start-up conditions at the beginning of a pull causing more wastewater to fail over a small area, and some ponded 2 wastewater moved to a depression of surface water. She also stated that the problem is resolved by installing new irrigation system. See the 4/30/08 remission request for more details. OTHER PENALTY FACTORS 's_ 1Die : A database and file review does not indicate that penalties have been assessed against this farm in the past. However, the facility did receive a Notice of Violation issued on April 27, 2007 for failure to submit their 2006 Annual Certification Form (NPDES Permit NCA296005). REMISSION RECOMMENDATION FROM RO AND CO Regional Office — The regional office recommends remission of $1750.00, Central Office — Agrees with $1750.00 remission. 3 DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: PC-2009-0016 Region: WARO County: Wayne Assessed Entity: Donnie Peedin Farm Farm # 96-0005 O Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Permittee acknowledges presence of ponding, but asserts that run-off from site impacted an area of standing surface water in a depression versus headwaters of Falling Creek. No other information was provided to support such claim by demonstrating that the standing surface water would not flow to Falling Creek. Also, no information was provided to demonstrate that the noted area would not be considered wetlands interconnected to Falling Creek. Surface water samples contained ammonia and TKN at concentrations up to 260 mg/L and 300 mg/L, respectively, demonstrating that a discharge of wastewater occurred resulting in impacts to surface water quality. Condition No. 1. 1. of the facility's permit prohibits discharges from reaching surface waters or wetlands. Condition II. 4, prohibits ponding. Although Ms. Peedin contests the subject waters being considered headwaters of Falling Creek, she acknowledges that both ponding and a discharge to surface waters occurred. One assessment was made for violating Condition No. 1. 1. and 1I.4 and the permittee acknowledges that violations of those conditions occurred. O Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: April 30, 2009 response indicates that a new irrigation system has been installed and a new OIC has taken over irrigation responsibilities, which should prevent the reoccurrence of the subject incident again. There's no indication that impacted surface water was recovered and pumped back onto the fields or into the facility's lagoon. No action was taken to prevent impacted surface waters from migrating further from the source area. O Whether the violation was inadvertent or a result of an accident; Notes: In the April 30, 2009 response, the cause of the ponding is attributed to start-up conditions at the beginning of a pull causing more wastewater to fall over a small area at the beginning of the pull. The condition is described as being unavoidable and inadvertent. If the OIC has knowledge that the irrigation system performs in a certain manner upon start up, he has prior knowledge to suggest that additional oversight should be provided to ensure that over - application does not occur. The regional office attributes the ponding and run-off to hydraulic over -application, regardless of whether irrigation rates were below those specified in the facility's Certified Animal Waste Management Plan or the irrigation system did not function properly upon start-up. O Whether the violator had been assessed civil penalties for any previous violations; Notes: Overall, the facility has a clean compliance history with the exception of an NOV issued March 2007 for failure to submit the Annual Certification. N Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Ms. Peedin indicates that she has incurred $41,789.77 in expenses to date through installing a new irrigation system. Of that amount, over $20,000 has been paid on the balance. Ms. Peedin indicates tough economic times and that applying penalties towards the new irrigation system better serves environmental stewardship and will prevent re -occurrence of the subject incident. The regional office supports partial remission based on independent actions taken to prevent the re -occurrence of the incident (installation and investment in new irrigation system). Decision (Check one) Request Denied l.� Date Full Remission Partial remission Amount remitted l 7� � 11)m " I - , ( 'a - o een H. Su NCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Govemor Director Secretary June 3, 2009 CERTIFIED MAIL — 7006 2150 0003 5467 3562 RETURN RECEIPT REQUESTED Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Rd. Goldsboro, NC 27530 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 96-0005 Wayne County File No. PC-2009-0016 Permit No. AWS960005 Dear Ms. Peedin: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $1750.00 of the civil penalty assessment. The revised civil penalty is therefore $3354.27 ($2750.00 civil penalty plus $604.27 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty (30) days of your receipt of this letter to the attention of: Miressa D. Garoma DWQ D1636 Mail Service Center Raleigh, North Carolina 27699-1636 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh. North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919.715-0588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 Internet: www.nLvatemualfty.org JUN, 5 ZQ09 ,• n%!VFi�C;01d��- OF ICE —orthiCaroliina An r'-rnial r)n nrhi N t AfFi— i— Arnnn ::mnlnvor Page 2 Donnie Peedin Farm If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the Division of Water Quality's recommendation for the full amount of the original penalty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like -to speak before the Committee, you must complete and return the attached form within thirty-00) days of receipt of this letter. Send the completed form to: Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the'Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D. Garoma at (919) 733-3221. Sinc ely, Coledn H: SuOins Attachments cc: David -May, Washington APS Regional Supervisor w/ attachments File # PC-2009-0016 w/ attachments APS Central Files w/ attachments Memorandum To: Coleen H. Sullins Through: Miressa Garoma/Keith Larick 't From: David May, Washington Regional O ce Supervisor Date: May 8, 2009 Re: Remission Request for Gwendolyn H. Peedin / Donnie Peedin Farm Enforcement Case PC-2009-001 b SUMMARY A civil penalty of $5104.27 was assessed against Gwendolyn H. Peedin for failing to apply wastewater at a rate in accordance with the CAWMP causing excessive ponding, and discharge hog waste to surface waters without proper use of Best Management Practices and; failing to notify DWQ of the non compliance events. CASE BACKGROUND December 31, 2008 - Inspection WARO anonymously received a report of wastewater over application to crops at the Donnie Peedin Farm. Eric Newsome of the DWQ investigated and determined that •. :: excessive ponding occurred on a 4.05-acre oats field due to excessive spray irrigation: - The DWQ inspection revealed: L Seven ponded areas (1,287 total estimated gallons) that remained twenty-four (24) hours after the original irrigation on December.30, 2008. 2. One of the areas (approximately 5 gallons of volume) was thirteen feet from the headwaters of Falling Creek —a distance less than the twenty-five (25) foot buffer required by the facility Confined Animal Waste Management Plan (CAWMP). 3. Laboratory results and visual evidence from Falling Creek indicate that either wind drift or runoff from the December 30, 2008 irrigation entered waters of the state. Chemical analyses of grab samples taken from Falling Creek, adjacent to the spray field, indicated significant levels of fecal coliform (>2000count/100ml), Biochemical Oxygen Demand, nitrogen, and phosphorous. 4. No telephonic notification was made to the Washington Regional Office within twenty-four (24) hours of becoming aware of the December 30, 2008 discharge or of the waste application that exceeded limits outlined in the Confined Animal Waste Management Plan. December 31, 2008 - Sampling Three surface water samples were taken along the bank of the surface water to Falling Creek; one at the southeastern edge (A -"upstream"), the second at the southwestern edge (B-"discharge"), and the last at the northwestern edge (C-"downstream"). Lab results showed detectable, peaking levels of ammonia, total kjeldahl nitrogen, and phosphorus present from samples A to C. Sample Location Sampling Fecal BOD Ammonia TKN Nitrates, Phosphorus, P Date Colifor (mgll) NH3 as N (mg/L) Nitrites (mg/L) m (mg/L) (NO3, NO2) (Count/ (mg/L) 100 ml A -"Upstream" 12/31/2008 4800 140 140 170 ND* 35 B-"Discharge" 12/31/2008 7000 300 260 300 ND* 45 C"Downstream" 12/31/2008 2000 270 83 110 ND* 26 *ND -Not Detected January 12, 2009- NOV A NOV was issued January 12, 2009 citing violations of discharge, wastewater ponding; buffer rule'violation and incident notification failure. April 3, 2009 — Assessment of Civil Penalties A civil penalty of $5104.27 including $604.27 in investigative costs was issued to Gwendolyn H. Peedin for: For failing to apply waste at a rate in accordance with the CAWMP... $4000.00 For failing to notify DWQ about the incident ................... .............. $500.00 Enforcement Costs................................................................ $604.27 Total Civil Penalty.............................................................. $5104.27 April 30, 2009 — Justification For Remission Request All of the five factors were checked on the Justification form, and did provide a written response: Gwendolyn H. Peedin responded to the civil penalty assessment by acknowledging the presence of ponding, attributing the cause to start-up conditions at the beginning of a pull causing more wastewater to fall over a small area, and some ponded 2 wastewater moved to a depression of surface water. She also stated that the problem is resolved by installing new irrigation system. See the 4/30/08 remission request for more details. OTHER PENALTY FACTORS A database and file review does not indicate that penalties have been assessed against this farm in the past. However, the facility did receive a Notice of Violation issued on April 27, 2007 for failure to submit their 2006 Annual Certification Form (NPDES Permit NCA296005). REMISSION RECOMMENDATION FROM RO AND CO Regional Office — The regional office recommends remission of $1750.00. Central Office — Agrees with $1750.00 remission. 3 DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: PC-2009-0016 Region: WARO County: Wayne Assessed Entity: Donnie Peedin Farm Farm # 96-0005 O Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Permittee acknowledges presence of ponding, but asserts that run-off from site impacted an area of standing surface water in a depression versus headwaters of Falling Creek. No other information was provided to support such claim by demonstrating that the standing surface water would not flow to Falling Creek. Also, no information was provided to demonstrate that the noted area would not be considered wetlands interconnected to Falling Creek. Surface water samples contained ammonia and TKN at concentrations up to 260 mg/L and 300 mg/L, respectively, demonstrating that a discharge of wastewater occurred resulting in impacts to surface water quality. Condition No. I. 1. of the facility's permit prohibits discharges from reaching surface waters or wetlands. Condition 1I. 4. prohibits ponding. Although Ms. Peedin contests the subject waters being considered headwaters of Falling Creek, she acknowledges that both ponding and a discharge to surface waters occurred. One assessment was made for violating Condition No. I.1. and 11.4 and the permittee acknowledges that violations of those conditions occurred. () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: April 30, 2009 response indicates that a new irrigation system has been installed and a new OIC has taken over irrigation responsibilities, which should prevent the reoccurrence of the subject incident again. There's no indication that impacted surface water was recovered and pumped back onto the fields or into the facility's lagoon. No action was taken to prevent impacted surface waters from migrating further from the source area. () Whether the violation was inadvertent or a result of an accident; Notes: In the April 30, 2009 response, the cause of the ponding is attributed to start-up conditions at the beginning of a pull causing more wastewater to fall over a small area at the beginning of the pull. The condition is described as being unavoidable and inadvertent. If the OIC has knowledge that the irrigation system performs in a certain manner upon start up, he has prior knowledge to suggest that additional oversight should be provided to ensure that over - application does not occur. The regional office attributes the ponding and run-off to hydraulic over -application, regardless of whether irrigation rates were below those specified in the facility's Certified Animal Waste Management Plan or the irrigation system did not function properly upon start-up. O Whether the violator had been assessed civil penalties for any previous violations; Notes: Overall, the facility has a clean compliance history with the exception of an NOV issued March 2007 for failure to submit the Annual Certification. N Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Ms. Peedin indicates that she has incurred $41,789,77 in expenses to date through installing a new irrigation system. Of that amount, over $20,000 has been paid on the balance. Ms. Peedin indicates tough economic times and that applying penalties towards the new irrigation system better serves environmental stewardship and will prevent re -occurrence of the subject incident. The regional office supports partial remission based on independent actions taken to prevent the re -occurrence of the incident (installation and investment in new irrigation system). Decision (Check one) Request Denied Date 1 � Full Remission Partial remission Amount remitted 17� aee y n H. Su Y DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: PC-2009-0016 Region: WARO County: Wayne Assessed Entity: Donnie Peedin Farm Farm # 96-0005 () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Permittee acknowledges presence of ponding, but asserts that run-off from site impacted an area of standing surface water in a depression versus headwaters of Falling Creek. No other information was provided to support such claim by demonstrating that the standing surface water would not flow to Falling Creek. Also, no information was provided to demonstrate that the noted area would not be considered wetlands interconnected to Falling Creek. Surface water samples contained ammonia and TKN at concentrations up to 260 mg/L and 300 mg/L, respectively, demonstrating that a discharge of wastewater occurred resulting in impacts to surface water quality. Condition No. 1. 1. of the facility's permit prohibits discharges from reaching surface waters or wetlands. Condition II. 4. prohibits ponding. Although Ms. Peedin contests the subject waters being considered headwaters of Falling Creek, she acknowledges that both ponding and a discharge to surface waters occurred. One assessment was made for violating Condition No. 1. 1. and 11.4 and the permittee acknowledges that violations of those conditions occurred. () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: April 30, 2009 response indicates that a new irrigation system has been installed and a new OIC has taken over irrigation responsibilities, which should prevent the reoccurrence of the subject incident again. There's no indication that impacted surface water was recovered and pumped back onto the fields or into the facility's lagoon. No action was taken to prevent impacted surface waters from migrating further from the source area. () Whether the violation was inadvertent or a result of an accident; Notes: In the April 30, 2009 response, the cause of the ponding is attributed to start-up conditions at the beginning of a pull causing more wastewater to fall over a small area at the beginning of the pull. The condition is described as being unavoidable and inadvertent. If the OIC has knowledge that the irrigation system performs in a certain manner upon start up, he has prior knowledge to suggest that additional oversight should be provided to ensure that over - application does not occur. The regional office attributes the ponding and run-off to hydraulic over -application, regardless of whether irrigation rates were below those specified in the facility's Certified Animal Waste Management Plan or the irrigation system did not function properly upon start-up. () Whether the violator had been assessed civil penalties for any previous violations; Notes: Overall, the facility has a clean compliance history with the exception of an NOV issued March 2007 for failure to submit the Annual Certification. f (X) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Ms. Peedin indicates that she has incurred $41,789.77 in expenses to date through installing a new irrigation system. Of that amount, over $20,000 has been paid on the balance. Ms. Peedin indicates tough economic times and that applying penalties towards the new irrigation system better serves environmental stewardship and will prevent re -occurrence of the subject incident. The regional office supports partial remission based on independent actions taken to prevent the re -occurrence of the incident (installation and investment in new irrigation system). Decision (Check one) Request Denied Full Remission Partial remission Amount remitted Date Colleen H. Sullins Way, Dayid From;,'May, David Sent: Wednesday, June 03, 2009 2:49 PM To: Garoma, Miressa Subject: RE: Remission Cases Penalties were assessed as follows: $4,000 for violating Conditions 1.1 and 11.4 — discharging wastes to surface waters and ponding violations $500 for violating 111.13 for failure to report problems $602.27 for enforcement costs Total = $5,104.27 The permittee based her justification for remission on 1) the assertion that impacted surface waters were not waters of the state and not the headwaters to Falling Creek (assessment factors were wrongfully applied) 2) new irrigation design/system has been put in place with new underground hydrants and hard hose traveler installed, plus new OIC runs operation now (promptly abated continuing damage) 3) pressure in line is low at start up causing uneven application in areas -- attributes problem to irrigation system "issues" (violation inadvertent or an accident) — this wasn't the case, OIC made more than one pull across the same area from what 1 recall. 4) permittee has not been previously assessed a penalty 5) Permittee has invoices for $41,789.77 for work on new irrigation system, has paid $20,000 for work completed, and still owes money on the balance — feels money would be better spent on new irrigation system versus penalties (penalty payment will prevent payment for remaining necessary remedial actions). $1,750 was recommended to be remitted of the $4,000 assessment for violating Conditions L1. and 11.4. for the following: a) Surface water was impacted and the permittee states such in her remission request. However, the permittee indicates that the impacted waters are not waters of the state. Impacted waters (which cover a very large area and runs off into the woods in a wetland/wetland like area towards Falling Creek) are clearly surface waters. Based on any issues regarding whether the impacted waters are surface waters only or waters of the state, partial remission of the $4,000 assessment is recommended. b) The permittee was not directed by DWQ to upgrade the existing irrigation system at the facility. Upgrades were initiated independently. Installation of the new irrigation system was not completed until after the subject incident occurred. The regional office recognizes that a substantial investment (—$42,000) has been made in a new irrigation system that should be more protective of the environment than the previous (original) version. Given the investment in the new irrigation system, which has been brought on-line since the subject incident, partial remission of the $4,000 assessment is recommended. $1,750 remission (based on the above two factors) on the $4,000 assessment leaves $2,250 assessed for the discharge to surface waters and ponding violations. $2,250 could be considered more reflective of "surface water only" impacts with ponding as an additional violation. Please let me know if you have any questions concerning this matter or need more information. Thanks David May David'Mav, Regional Aquifer Protection Supervisor Washington Regional Office Division of' Water Quality Aquifer Protection Section 943 Washington Square Mall Washington, NC 27889 Phone: 252-948-3939 Fax: 252-975-3716 E-mail: david-may@)ncdenr.gov 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. From: Garoma, Miressa Sent: Tuesday, June 02, 2009 2:57 PM To: May, David Subject: FW: Remission Cases See the Peedin case question at the end of this email. Thanks, Miressa Afiiessa Gar=4 ,44uiferThoteetion Section NCVENIPIWit� 1636 `►fai(Sertdce Center A;&Yg y YC 27699 done: 919-715-6937 Tad 919-715-0588 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. From: Hardee, Ed [mailto:ed.hardee@ncdenr.gov] Sent: Tuesday, June 02, 2009 2:52 PM To: Larick, Keith; miressa.garoma@ncmail.net Subject: FW: Remission Cases Please provide an answer to me or Coleen on the Peedin Farm Question. Ed Hardee Aquifer Protection Section Land Application Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 715-6189 Fax (919) 715-0588 DISCLAIMER: Per Executive Order No. 150, all e-mails sent to and from 2 this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sullins, Coleen Sent: Tuesday, June 02, 2009 1:00 PM To: Hardee, Ed Subject: Remission Cases Ed — I have questions on three of the remission cases: SM Villari — are there continuing violations since December? When did the improvements get made? Conway — Normally we remit if it was an oversight by the facility on submitting the information. Did they submit all information or is there still missing data? I can't tell from the staff documents. Peedin Farm — the remission recommendation from staff was for $1750. Please explain the decision making process that arrived at that remission amount. Thanks Coleen ' DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: PC-2009-0016 Region: WARO County: Wayne Assessed Entity: Donnie Peedin Farm Farm # 96-0005 () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Permittee acknowledges presence of ponding, but asserts that run-off from site impacted an area of standing surface water in a depression versus headwaters of Falling Creek. No other information was provided to support such claim by demonstrating that the standing surface water would not flow to Falling Creek. Also, no information was provided to demonstrate that the noted area would not be considered wetlands interconnected to Falling Creek. Surface water samples contained ammonia and TKN at concentrations up to 260 mg/L and 300 mg(L, respectively, demonstrating that a discharge of wastewater occurred resulting in impacts to surface water quality. Condition No. 1. 1, of the facility's permit prohibits discharges from reaching surface waters or wetlands. Condition II.4. prohibits ponding. Although Ms. Peedin contests the subject waters being considered headwaters of Falling Creek, she acknowledges that both ponding and a discharge to surface waters occurred. One assessment was made for violating Condition No. I.I I. and 11.4 and the permittee acknowledges that violations of those conditions occurred. () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: April 30, 2009 response indicates that a new irrigation system has been installed and a new OIC has taken over irrigation responsibilities, which should prevent the reoccurrence of the subject incident again. There's no indication that impacted surface water was recovered and pumped back onto the fields or into the facility's lagoon. No action was taken to prevent impacted surface waters from migrating further from the source area. () Whether the violation was inadvertent or a result of an accident; Notes: In the April 30, 2009 response, the cause of the ponding is attributed to start-up conditions at the beginning of a pull causing more wastewater to fall over a small area at the beginning of the pull. The condition is described as being unavoidable and inadvertent. If the OIC has knowledge that the irrigation system performs in a certain manner upon start up, he has prior knowledge to suggest that additional oversight should be provided to ensure that over - application does not occur. The regional office attributes the ponding and run-off to hydraulic over -application, regardless of whether irrigation rates were below those specified in the facility's Certified Animal Waste Management Plan or the irrigation system did not function properly upon start-up. {) Whether the violator had been assessed civil penalties for any previous violations; Notes: Overall, the facility has a clean compliance history with the exception of an NOV issued March 2007 for failure to submit the Annual Certification. (X) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Ms. Peedin indicates that she has incurred $41,789.77 in expenses to date through installing a new irrigation system. Of that amount, over $20,000 has been paid on the balance. Ms. Peedin indicates tough economic times and that applying penalties towards the new irrigation system better serves environmental stewardship and will prevent re -occurrence of the subject incident. The regional office supports partial remission based on independent actions taken to prevent the re -occurrence of the incident (installation and investment in new irrigation system). Decision (Check one) Request Denied Full Remission Partial remission Amount remitted Date Coleen H. Sullins • • r •• • • 1 r �` • Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 3, 2009 CERTIFIED MAIL - #7006 2150 0003 5467 2831 RETURN RECEIPT REQUESTED Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Rd. Goldsboro, NC 27530 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 96-0005 Wayne County File No. PC-2009-0016 Permit No. AWS960005 Dear Ms. Peedin: This letter transmits notice of a civil penalty assessed against Gwendolyn H. Peedin in the amount of $5104.27, which includes $604.27 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. , Please send payment to the attention of: Miressa D Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 APO - 7 2009 OFFICE AQUIFER PROTECTION SECTION One 1636 Mall Service Center, Raleigh. North Carolina 27699-1636 North Carohna Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Naturally Phone: 919-733-3221 1 FAX 1: 919-715-0588 FAX 2: 919-715-60481 Customer Service: 1-677-623-6748 inteme:: www.ncwate ual' .or �r Page 2 4/3/2009 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request consideredby the Director.. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver. of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the Page 3 4/3/2009 petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms_ Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh,'NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced=by an internal date/time received stamp (not a postmark), will result iri this matter being referred, to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 715-6937. Sincerely, ------------ �_ Veodo'�57Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: David May, Washington APS Regional Supervisor w/ attachments File # PC-2009-0016 w/ attachments APS Central Files w/ attachments Susan Massengale w/ attachment r STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF WAYNE IN THE MATTER OF ) File No. PC-2009-0016 GWENDOLYN H. PEEDIN ) } FOR VIOLATIONS OF SWINE WASTE } FINDINGS AND DECISION MANAGEMENT SYSTEM } AND ASSESSMENTS OF GENERAL PERMIT AWG100000 } CIVIL PENALTIES PURSUANT TO NORTH CAROLINA ) GENERAL STATUE 143-215.1 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, Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Gwendolyn H. Peedin owns and operates Donnie Peedin Farm, a permitted swine animal feeding operation in Wayne County. B. Gwendolyn H. Peedin'was issued Certificate of Coverage AWS960005 under General Permit AWG100000 for Donnie Peedin Farm on July 1, 2007, effective upon issuance, with an expiration date of September 30, 2009. C. Condition No. 1, item 1 of the "Performance Standards" of the General Permit states that "any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this permit and associated statutory and regulatory provision. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division; (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with Part III.11. of this permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm." D. Condition No. H. 4. of the "Operation and Maintenance Requirements" of the State General Permit states that "Land application rates shall be in accordance with the CA_WMP. In no case shall land application rates exceed the agronomic rate of the n'uutci n tof do c-m`fpr�t� 1 1 E E- -� I� �E \'/ T receiving crop. In no case shall land application rates result in �xWesse dmg-o an runoff during any given application event". APO v 7 2009 1 _ _ ji'i^1LOFFICE E. Condition No. III. 13. of the "Monitoring and Reporting Requirements" of the State General Permit requires in part that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the following: a) Any discharge to ditches, surface waters, or wetlands, or d) Over applying waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters or wetlands. F. On December 31, 2008, DWQ received an anonymous complaint that wastewater had been over -applied to cropland at the Donnie Peedin Farm. On December 31, 2008 DWQ staff investigated the alleged event and observed that ponding in different areas of oats field #8 (4.05 acres) resulting from over -irrigation. Visual evidence not only supported the indication that the December 30, 2008 irrigations caused wastewater ponding, but also that wastewater was applied 13 feet from headwaters to Falling Creek. Analyses of grab samples taken from the headwaters adjacent to field #8 detected Biochemical Oxygen Demand (BOD), fecal coliform, and nutrients (ammonia nitrogen, phosphorous) up to 300 mg/L, 7000 count/100ml, 260 mg/L, and 45 mg/L respectively. The detected surface water pollutant levels combined with the appearance of the surface water indicate that a discharge occurred to waters of the State. Facility irrigation records supplied by operator Mr. Eddie Rowe show that irrigation occurred December 30, 2008. G. DWQ responded by issuing the facility a Notice of Intent to Enforce. H. Gwendolyn H. Peedin does not have a valid permit for the above -described activity. I. The cost to the State of the enforcement procedures in this matter totaled $604.27. Based upon the above Findings of Facts, I make the following: II. ' CONCLUSIONS OF LAW: A. Gwendolyn H. Peedin 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.I. C. The above -cited discharge to surface waters violated Condition No. I. 1. of the State General Permit. D. The above -cited failures to apply waste at land application rates in accordance with the CAWMP and to avoid excessive ponding or runoff violated Condition No. II. 4. of the State General Permit. E. The above -cited failure to notify DWQ of a discharge violated Conditions No. III. 13 a, d, and e of the State General Permit. F. Gwendolyn H. Peedin may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but 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 Gwendolyn H. Peedin pursuant to G. S. 143-215.3(a)(4) and G. S. 143B-282.1(b)(8). 2 :b- H. The Chief of the Aquifer Protection 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 Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Gwendolyn H. Peedin, owner of Donnie Peedin Farm, is hereby assessed a civil penalty of: $ 4000.00' For violating Condition No. I. 1., and No. II. 4. of the State General Permit for failing to apply waste at a rate in accordance with the CAWMP causing excessive ponding, and discharging hog waste to surface waters without the proper use of Best Management Practices. $ 500.00 For violating Condition No. III.13 of the State General Permit for failure to report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: a. Any discharge to ditches, surface waters or wetlands. $4500.00 Total Civil Penalty $ 604.27 Enforcement costs $5104.27 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. I (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 quantity or quality; (4) The cost of rectifying the damage; (5) The -amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. AV/0 r Date) Theodore L. Bush, r. Chief Aquifer Protection Section Division of Water Quality W? May, David From: Garoma, Miressa Sent: Tuesday, May 05, 2009 4:07 PM To: May, David Subject: Remission request from Donnie Peedin Farm (Farm# 96-05) Attachments: 2009 Enforcement Package 96_5.pdf; Remission - Regional Office Response AWS960005.doc David, Donnie Peedin Farm (Farm # 96-05) filed a remission request regarding the civil penalty assessed against the farm for spraying waste that caused excessive ponding and discharge. Please find attached the form for remission assessment for the farm, fill it out and send it to me as soon as you can. I have attached copies of remission forms (PDF file) and a response letter from Ms. Peedin. If you need additional info please let me know. Thanks, M iressa Wiressa Gamma ,4quifer0mection Section 1636 wadsmice Center R.akiy)F NC 27699 q fww: 919-715-6937 TaX 919-715-0588 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. DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: PC-2009-0016 Region: WARO County: Wayne Assessed Entity: Donnie Peedin Farm Farm # 96-0005 () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: O Whether the violation was inadvertent or a result of an accident; Notes: (} Whether the violator had been assessed civil penalties for any previous violations; Notes: O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Decision (Check one) Request Denied Full Remission Partial remission Amount remitted Date Coleen H. Sullins Memorandum To: Keith Lariek, Animal Feeding Operations Permitting and Compliance Unit Supervisor Animal Feeding Operation Permitting Compliance Unit Through: David May, Water Quality Supervisor �L Lei Washington Regional Office From: Marie E. Newsome, Environmental Engineer I Washington Regional Office Subject: Enforcement Package Donnie Peedin Farm Permit No. AWS960005 Wayne County 1zte: January 30, 2009 Introduction: The Donnie Peedin Farm is owned by Gwendolyn H. Po din and operated by Mr. Eddie Rowe. This facility, located on Stevens MHl Road in Wayne County, began operation in 1994. The facility has the capacity to raise 7,350 feeder to finish swine and the overall design for dais facility is 992,250 lbs steady state live weight. Report: On December 31, 2008 at 8:00 A.M., the North Carolina Division of Water Quality (DWQ) anonymously received a report of wasteurater over application to crops at the Donnie Peedin Farm. Oct December 31, 2008 Eric Ncwsoune of the DWQ investigated and determined that excessive ponding occurred on a 4.05-acre oats field due to excessive spray irrigation. There were seven ponded areas (1,287 total estimated gallons) that remained twenty-four (24) hours after the original irdgation on December 30, 2008. Furthermore, one of the areas (approximately 5 gallons of volume) was thirteen feet from the headwaters of Falling Creek —a distance less Ulan the twenty-five (25) foot buffer required by the facility Confined Animal Waste Management Plan. Chemical analyses of grab samples taken from Falling Creek, adjacent to the spray field, indicated significant levels of fecal coliform (>2000countl100m l), Biochemical Oxygen Demand, nitrogen, and phosphorous. Laboratory results and visual evidence from Falling Creek indicate that either wind drift or runoff from the December 30, 2008 irrigation entered waters of the state. No telephonic notification was made to the Washington Regional Office within twenty-four (24) hours of becoming aware of the December 30, 2008 discharge or of the waste application that exceeded limits outlined in the Confined Animal Waste Management Plan - Please find a table with the sample results below. The Finding and Decisions and Assessment Factors are attached for review. Conclusion: Ms. Gwendolyn H. Peedin, owner of the Donnie Peedin Fame, is in violation of the permit and North Carolina General Statue 143-215.1{a} for discharging hog waste to surface waters; failing to apply wastewater such that ponding and runoff were avoided; failing to maintain buffer strips as specified in the facility's CAVVW near land application areas and; failing to notify DWQ of the non compliance events. Recommendations: It is recommended that the appropriate civil penalties be assessed against this subject facility. Donnie Peedin Farm, located in Wayne County, owned by Ms. Gwendolyn H. Peedin. The Washington Regional Office recommends that penalties be assewed for the four violations described in the Conclusion. 6 DIVISION OF WATER QUALITY ANTM A,L OPERATIONS ENFORCEMENT CASE REPORT ENFORCEMENT 4 NOV-2009-PC-0019 Section 1: General Information I . Facility Name: Donnie Peedin Farm 2. Facility or Pennit No.: AWS960005 3. Parties reamed in assessment: Ms. Gwendolyn Peedin 4. (Mailing) Asidress: 1672 Old Smithfield Road, Goldsboro. NC 27530 S. Telephone No.: 919-134-5299 6. Location of Facility: Stevens Mill [toad 7. Type of Operation: 7,350 Feeder -to Finish 8. Registered Agent (if applicable): N 9. RegiAered Agent Address (if applicable): NiA 10. Datc(s) of noted violations: December 31. 208 11. Receiving Stream and Classification (if applicable): Egg Q�eek,Clas§ C 12. Regional Office: Washington Regional Office 13. Report Prepared By: M. Ede Ne ome Section 11: Findings Case Narrative: On December 31, 2008 at 8:00 A,Nt, the North Carolina Division of Water tuality W anonmgqsly received are wtewatg over n2liggiRn to croo at the r 31, 2008 BriQ hiewNgMiq of the DWO investigged determimd that excessive 22adina occurred on a 4.05-acre oats field clue to excessive Strrav irrigation. Them nacre seven Bonded areas U..287 vital estimated gallons) found to bate nwowd twenty-four ! 4 hours after the, ri 'nLd ini"fi n on December 30. 2008. FurTlts<tmom one of the areas (approximately 5 izallous of volume) was ihineen feet f rem the w F C Im than - v foot buffer by dr, facility Confined Animal Waste Managennent Plan. Chemical apses of grab less agent to the feel cant 1 0 Leo! cohf9z:ai (>200count/100inll. Bioc cm at Oxygen I mauud. niirogm and ph4 h—}ryas. Labo=m)! results and visual evidence from Falling Creek indir_aia that either wind- ddit or rungff fs= the December 30, 2008 irrigation entered seaters of the state. No te�glxtnic notification was ode to the W&c&in=n &tonal Office vsitliin ny—e -four l24), hours of hc-oping aware of the ernber 30 2©08 disc a or of the waste golication that exceeded litnits outlined in the Coofned Animal Waste Management Plan. 2. Farm and/or Company Compliance History: ihis facility had one Ngt ,qe of Violation iMN4 on April 27, 2007 for failure to submit their 2006 Annual Certification Form (NPDFS Permit NCA2950051. 3. Amount of Waste discharged Of applicable): (Drift) into Fulling Creek, Antzmximately 5 gallons seen thirteen feet from crater's cdge_ 4. Sample Results (if applicable) with locations of samples taken noted in relation to discharge point: Three surface water swnWes were taken along the bank of the wrf= water to F_allintt Greek: one at the southeastern edg, t�A"upstream'''). the second at ft southwestm edge B- ` diseltarge" , and the last at the nonhwestern edggg jG- downstrea '). Lab nmilts showed detecAable. veakinu lavels of arnmorti& total kieidahl nitrogen. and Dhosnhorm nresent from smnples A to C. Sample Sampling Fe" BOD Ammonia TKN nitrates, Phosphorus, II. estion Date Colifww (mg,/1) I 'NH3 as N (mom) Nitrites P (nm91B,) (Cauntf100®1 (mkt-) (NO3, N022) A"Upstream" 11/31/10011 4800 140 140 110 ND 35 i B-"Discharge" 12/31/2008 7000 300 260 300 ND 45 C"Downstream" 12/31/2008 2000 270 83 110 ND 26 ND -Not Detected 5. Violator's degree of cooperation (including efforts to prevent or restore) recalcitrance: Qpratt2r Mr. Eddie Rowe explained his reason for the 30 December 2008 irrigation events as lower lUon LeMig in 4dyocg of weckcad e n Wtell to allow & uatur infiltration o vs to tor. No ore a lione be made to this gg.0 crop_ as the 50 lb/acre limit has now been met Per submitted MR2 form. 6. Damage? YIN If yes, include report from WRC: No visible ilmnage other than to the oats crop. With regard to the surface water, no damag`a was seen as no anuatic animals were visible. However, 1 b ults indicate that water uaii acted red. 7. Mitigating Circumstances: None, This is the faeil' 's fint offensc-wilh re to opmftdoaal o m4jaknancc issve,ims, with the form are to re&sism their ' a ' n system to underground pioi am This should assist with QLgM gun placement. 8. Recomrnendalions made to the owner/operator: Mr, Rowe was advised to coxttinue with plans for using_untffVound piping, the facility was also asked to consider using<frcsh water fromthe tributary to irrigate this crap, particularly on the Meld fringes near the water. This mi t avoid bringing the gg_n too close to the 25' burr. 9. Costs to the State for the enforcement procedures (Shaw Breakdown): Total Staff Time (8 hours) $ 224.43 Central Office $ 100.00 Travel Cost (90.1 miles x 2 @a 0.470) S 84.69 Laboratory Cost $ 195.15 TOTAL $ 604.27 10. Recommendations for further DWQ Action: ue to foQu§ou facility d conditions during annual comnliance inVg&tions. I]. Other Comments: `/A Section III: Assessment Factors required to be considered by G.S. 143B-282.1(b): l . 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: Animal waste has the potential to deplete dimlydimlyed oxygen in the cot 1ti ter bLAI to a ' which fitl to ua 'c ltf mint I1 0 . Waste water A •� njigiots whigh hav the potential to suawn algal growth to the point which is harmful to aquatic Life. Surface waters of Falling Creek did receive wastewater. 2. The duration and gravity of the violation: Tye violatiota.4 MWjpd gp Dece _, r 30, 2M bit —wee tbehnt rs Qf 12:0(} term and 7:34 tam. The tmndina was considergd severe. Contaminant comentrations were very hiuh. 3. The effect on ground or surface quantity or quality: The RM5mjjg of wastewater svuld be seen in the surface water, but the exact volume discharged could not be directly determined. IZkaL ms-WIA 4 jU RgiLn vialMe W&idity flabelo"W--DischgMej show siltniftaarrt levels for ammonia., total kioldahl nitrogem and phm*Qrus. The lcycl of fecal coliform yvgs well above, fte 200 count;100 ml standard &r claw C surtsrc water. Semple Samplima Fecal ROD "s'Mmenin TKN ibkmtea, lPhoupt3vrws, Location Mir Col ferm (njo) Nfi3 es N (m ) E Nltri w p (mg(L) t�o�4tatr�tl (mg/L) E (N031 N0 ) B-" $Di"harge" 12MU2D0S 7000 300 1 260 300 ND 45 ND -Not Detected 4. The cost of rectifying the dsrnage: jhp farm r ui vc far ewer hours hgiqg tareventative (monito6m the spay crnerations) versus the Rgtential of a moncu wy cdw.emmt Mmift that encompasses itsection hours, central ace and lalsoraloty hours. Ruts c e ve jW>to_q 4qd havy &M 2qWpMMt have damaged uart of the coats cron. The discharge is not attidbuted to any gquipment failure tin ir. No ex tomes w re incurr dart at eut rn ures. 9 5. The amount of money saved by noncompliance: Money is saved when better manarcement 1s ge jmylemertted to ii mmve overall msnattemeztt of the facility, environmentally and m- uctively. No money -vas saved thrQvah hyrh~aulic over-ttypnli on, 6. Whether the violation was committed willfully or intentional: Mr,_ d& Rq works tinder the Tune A ot�erator license of Ms. Gwendolyn Peedin, mngnip they both are rmyoasible Or MR!zd-x opp-Malz ft farm irfiggiojae Sino spm fLtw o =ions at IWS farm have occurred for thirteen years without incident, it is believed that this discharge was not intentional. It is the lx lief of the in,50r-a r that Nis. Peedin Cgr her surrogate) failed to monitor the gun and correct it during periods of im mMpar operaiion 7. The prior record of the violator(s) in compl,,ing or failing to cornPIV with programs. over which the Environmental Management Commission has regulatory authority: The Donnie Peed Ft?l m bas trot beer► citod for any permit violations, unc!�r ftk nt State Non- Discharin Vgmpjt, prior to thisevent. 8. The cost to the State of the enforcentent procedures: Total Staff Time (8 hours) $ 224.43 Central Office $ 100.00 'Travel Cost (90.1 miles x 2 @ 0A70) $ 84.69 Laboratory Cost $ 195.15 '1<OTAI . S 604.27 10 f SreqWavm of fiho Lab_mt ry Cu5ia - - P4of ca ofviohl uanmafto of R---Cmi..;iiardod 2-410P—fit Rrnrtcr�a ss in tact - 3 14.00 � 42,06 'real f=� ti �N as N in i�ctid is 39 �_ 4�9.17 lei Iiri4 N ftrate aSN±ft) 1..- 3 -- - — 18.37 S 55,11 - Tn*el Phm cx'aus 18.2 _ 43.8 Grand Tool s imis Breakdown of Lab Costs 29Jan2GO9 STATE OF NORTH CAROLINA NOIRTx CAROLTNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF WAYNE File No. IN THE MATTER OF ) uric Peedin Form ) FINDINGS AND DECISION AND ASSESSMENTS OF } CIVIL PENALTIES FOR VIOLATIONS OF SWINE WASTE GENERAL PERMIT AWG 100000 PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 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, Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following, FMINGS OF FACT: A. Ms. "Gwendolyn Peedin owns the Donnie Peedia Farm, a permitted/Certified swine animal feeding operation in Wayne County. &. Ms. Gwendolyn Poedin was issued a Certificate- of Coverage AWS960005 under State General Permit AWGIOWN on July 1, 2007, effective upon issuance, with an expiration date of September 30, 2009. C. Condition No. I. 1. of the "Performance Standards" of the State General Permit states in part that, "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this permit. Waste shall not reach surface waters by runoff, drift, rnammade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters ... Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the bitches are controlled by best management practices Q3MPs) designed in accordance with MRCS standards; (b) the BN IPs have been submitted to and approved by the Division of Water Quality (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with hart 111.13. of this General Permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm." D. Condition No. II.4. of the "Operation and Maintenance Requirernen&' of the State General Permit states that "Land application rates shall be in accordance with the CAWMP. In no ease shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. In no case shall land application rates result in excessive pending or any runoff during any givers application event". E. Condition No. H. 20 of the `Operation and Maintenance Requirements"of the State General Permit states that the permittee shall maintain buyer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas. F. Condition No. i1I. 13. of the "Monitoring and'Reporting Requirements" of the State General Permit requires in part than the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours follmAng first knowledge of the following: a) Any disc large to ditches, surface waters, or wetlands, or d) Over applying waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters or wetlands. G. On December 31, 2008, The Division of Water Quality received an anonymous complaint that wastewater had been over -applied to cropland at the Donnie Pemiin Farm. An investigation on December 31, 2008 of the alleged event revealed that ponding in different areas of oats field #8 (4.05 acres) resulted from over -irrigation. Visual evidence not only supported the indication that the December 30, 2008 irrigations caused wastewater pending, but also that wastewater was applied 13 feet from headwaters to Falling Creek. Analyses of grab samples taken from the headwaters adjacent to field 48 detected Biochemical Oxygen Demand (BOD), fecal coliform, and nutrients (ammonia nitrogen, phosphorous) up to 300 mglL, 7000 countl100m1, 260 mg/I, and. 45 mg/L respectively. The detected surface water pollutant levels combined with the appearance of the surface water indicate that a discharge occurred to waters of the State. Facility irrigation records supplied by operator Mr. Eddie Rowe show that irrigation occurred December 30, 2008. H. The Donnie Peedin Farm has had one Notice of Violation issued on April 27, 2007 for failure to submit their 2006 Annual Certification. Form (NPDES Permit NCA296005). I. The cost to the State of the enforcement procedures in this matter totaled $604.27. Based upon the above Findings of Facts, I make the following. H. CONCLUSIONS OF LAW: A. Ms. Gwendolyn Peedin 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. The above -cited discharge to surface waters violated Condition No. I. 1. of the State General Permit. D. The above -cited failures to apply waste at land application rates in accordance with the C.A.WMP and to avoid excessive ponding or rutnoffviolated Condition No.11. 4. of the State General Permit. E. The above -cited failure of the Operator In Charge (or their surrogate) to apply animal waste such that a twenty-five (25) foot buffer is maintained between the lased application site and perennial waters violated Condition No. II.24. of the State General Permit- F. ne above -cited failure to notify DWQ of a discharge violated Conditions No. III. 13 a, d, and c of the State General Permit. G. Ms. Gwendolyn Peedin may be assessed civil penalties in this matter pursuant to G. S. 143-215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with the terms, conditions, or requirements of a permit required by 0. S. 143-215.1. H. The StaWs enforcemcnt costs in this matter may be assessed against Ms. Gwendolyn Peedin, pursuant td G. S. 143-215.3(a)(9) and G. S. 143B-292.I(bX8). I. The Chief of the Aquifer Protection 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 Pacts and Conclusions of Uw, I make tine following: II1. DECISION: Accordingly, Ms. Gwendolyn Peedin, owner of the Donnie Peedin Farm, is hereby assessed a civil penalty of $ For violating Condition No. I. 1. of the State General Permit for discharging hog waste to surface waters without the proper use of Best Management Practices_ S For violating Condition No. 11. 4. of the State General Permit by applying waste that caused excessive potnding. For violating Condition No. it. 20, of the State General Permit by failing to maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas. For violating Conditions No. III. 13. a., and d. of the State General Permit by failing to report by telephone to the appropriate Regional Office. as soon as possible, but in no case more than 24 hours following first knowledge of. a) the occurrence of a discharge to ditches, surface waters, or wetlands and d) the occurrence of waste application in excess of the limits outlined in the CAWMP. 604.27 Enforcement costs S 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-21I2.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the pt:blic health, or to private property resulting lTom the violation; (2) The duration and gravity of the violatinnt; (3) The effect on ground or surface water quantity or quality; (4) The cost of rectifying the damage, (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willivlly or intentional; (7) The prior record of the violator in camplying or failing to comply with programs over which the Environmental Management Con nnission has regulatory- authority, (8) The cost to the State of the enforcement procedures. (Date) Theodore L. Bush. Jr. Chief Aquifer Protection Section Division of Water Quality 4 Photorecord z 4 Farm 96_005 Page 1 of 1 ..,.. C ^a �. ,! i41 , i '1_. Y. x-.lu-r� *v t�.kl�l�l' t3 !" },! ,.f •, ! _,;� � ' �' �' �1� � //._._.,,,.- µ�, ! A'r'". n .'rah � .r ,.Ss�r- i, .. � JJjj r ,� , J; 'k 1 13i Ej 4 1•�,I, j.l�,11i�� Is,� Ir -�,�,, '' �i' , ,�,'4,ti,'"+"S ', r �: �..1 �, �'. � '� _,�� I �:I �� it k.� r � � �' ;�'� � • !",,�i',:''�': � t� -�'�I t�; � E-� 3 a• Cem + �' �t. ' S s �� � E •' ;.I del SF � - .. � � . L , Fr S 1 ry. ,ti i • �, { , nnne Pee n Farm36_5 2: Field 6 (Oats; alilhg., ree �;` '._ ,' ' �h� - /fj '� '. � •� t ^"*•tip' _ ,..��,Ir,,,;...,/'., - �.� 134 �1 21i '�Y'3f�ItAEbn�.lillflCJi'i. r i'u�h. 1� ..�.. ,. yi., ,.•M-t»�.\; t7' I ,��, �a t � ja t, 1 5. 1� 3 �y i j'} w`� 3 Y ) � R � '. � 9 �`14 �. ���� �k trF ` ➢�g� 1'r � q t, t A k5� A a S4 a� Y�d• �.l�i . C+20081 GiaY�tltle F i un alb Imago.('2009`�[?IgItalGlobQ{'.� q n 35"~20'00,56" N 78°09'37.62" W clov 130 tt G.oOQ, L Eye alt 846 It tU` Laborato ectron t esufts County; WAYNE Sample ID: A839131 'River Basin ► 4F YfApF9 PO Number a 9W0028 Repon To WAROSp a Date Received: 01/06/2009 �_ > Time Received: 08:20 Collector: p Labwaks LoginlO SMATHIS Region: i11fARU Date Reported: 10-2109 Sample Matrix. Surfacewater Loc Type- RIVERISTRE—AM Report Generated 01I22/2009 Emergency Yes/No VlsillD COC YeslNo YES Loe. Descr.: I I 4 F A 1 Q J I Location ID; 96-DPA Colect Date; 1213112008 Collect Trnte:t 13:04 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of tw0 cr more determinations N3•Estimated concentration is < POL and sMOL 81-Countable membranes with <20 colmies; Estimated B2- Counts fiord all filters were zero NE -No established POL P-Elevatea POL due to matrix intedefence ar4or sample dilution t3.7- Countable membranes with more than 60 or 80 colonies; Estimated &e-Fibers have counts of both }60 or 80 and < 20; Estimated 01-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) 02- Molding time exceeded following receipt by tab J2- Reported value tailed to meet QC criteria for either precision or accuracy; Estimated POL- Practical Quantitat,on Limit subject to change due to instrument sensitivity J3-The sampte matrix interfered with the ability to make any accurate determination; Estimated Q- Samples analyzed for this compound but pot.deteGed . tl wv: ��--�3•r' Jr -The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Samp a not analyzed tOr this cemppy7rdw.,, N t-The oomponenl has been tentatively identlfted based on mass spectral library search and has an estimated value i -t!• - � `� {-_=� � � i � LAB itt 1 _j Laboratory Section» 1623 Malt Service Center, Raleigh. NC 27699.1623 (919) 733.3908 NC {DWQQ La6oratory Section Results Sample 10 As39131 Location ID: WDPA Collect Date: 1251=08 Loc. Dow.: DONNIE PEEDIN FARM FIELD 4 RIGHT MOST END OF TRIBUTARY Collect Tlme:: 13:04 Visit ID GAS p Analyte Name POL Result Ouoliller Units Analyst/Date Approved By /Date Method Reference 1 6% inm9 NUT NH3 as N In OgWd 0.02 140 mglL as N MAJAYI CGREEN Method Reference Loc10.107.06.1•J 11909 111" Total IQeidaid N as N In Squid 0.2 170 myL as N MQVERMAN CGREEN Metrroa Reference Ladleti07.06&2-N law :R2r09 NO2+NO3 es N In IlquW 0,02 0.02 U mWL. as N MA,AYI CGREEN Method Reforence LaC10-107-W-c 119W III" PhosphorUs total as P In liquid O.02 35 mgll. as P GBELK CGREEN Method Relmence UK W-115-01•IEF IffivS 1:22+09 Laboratory Section>> 1623 Melt Service Center, Rafelgh, NC 27699-1623 (919) 733�3909 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY MELD -LAB FORM (Dh41) COLSNTY WaAe, PiugpjI]C Vjxjml RIVER DASIN ,{�, ❑ AMBIENT STREAM ❑ BTFLUENT IMPORT I D: ARO FRO MRO RR aR W;ILO WSRO TS AT BM COMpUANCE ❑ LAKE ❑ fNFLUE}ri Shipped B Corfncr, R, O1hn ❑ IEMEltOFNCY COLLELT0R(5): _ AI o/n! Crvv�4- I DOW 310 MA& I Chloritk 94D milt. 2 COD High 340 mVL CAI a 70953 111/1. 1 COO Low 333 mg/L 4 Collrorrsf: MF Fee4316t6 1100m1 5 Cull farm: MFTowl31S01 11001n1 Coba:Troe 80 11•Co 6 Colirotm: Tubo Neal 31635 110Dm1 Cnitvy ll ) 43 ADMI 7 Couratrsc real Stfcp 31673 Mortal ColarrH 1.6 82 ADMI 8 Raaldw TotJ M mgtL C"aide 720 mg/L 9 Valatila505 mStL Fiuorlda95i mg1L 10 Fixed 510 OWL Formaldehyde 71630 afg/L I I ReOduc: Suspended S10 mg7L urrose and 0111556 mg%L 12 Volollh:535 mg/1. Hardness Tou19D0 mg/L 13 Mxtd 540 nm Speeirk Cond.95 14 pH 403 rmiq WAS18260 mill is Acidly to pH 4.5 436 mg1L Pheno4 32730 Fit/L 16 AcIdily to plc 83 433 OWL Svlhla 943 mr/L 17 AlbalkAytopH8.314E5 ma(L SWnde745 mglL. 18 AIk&fkhytopH4.54f0 mg(L 19 TOC 680 mill_ 20 Tmbid(iy 76 NTU Iry ODa fr.. r'k I f.. nmf V i_71b Nuntber:ft��r � Date Received: nine: ' Rec'd by: Franc: Bug ourier I Innd D1d. DATA ENTR BY: C . DATE REPORTED: L/fNHllas N 610 mill TKN as H 625 M#L tg)2 phis NO3 as N 630 mg1L P; 1'0101 n P 665 mg(L "n P665 mSIL p: OFnalred as p 666 m#L C ,Cadfdvm 1027 Ifg'L Cf-0nmiurnJ oul 1034 p g/L CU-Capper 1042 ItIVL Ni -Nlcke 11007 p ill. Pb•Leed 1031 0tfL Zn,z. nc I U92 pill. Ag•Si1Kr 1071 pgrL AbAlumiavm 1103 111/1. Bc-Bcryiliurn 1012 pgJL. G•Cakium 916 mg(L CO•COIN11 1037 pg(L Fo.lmn 1045 1,siL U•Lilhium 113) ifg/L hlg.Magrxslum 927 mg1L Mn•Morfpnese 105% pen. No•Sadhlm 929 mg/L AntnieJetal t007 pg/L Se•5eknium 1 L47 p8/L. 11 g• Mercury 7 i 900 p gtL Organ7chiarine rnticides Organophosphunn Pntlrwel AM llabkwn Oasen4cuhal Ertroctable Organks Acid Eetnct4ble Orgaain pwgaable Orgo nk t (VOA bollk mq'd) rhytaptenklon L11l7 Use Unlr Tem etsllure on 4ninfl; 0-' Son li Foinl % Corductarlce of 23*C 1Y8taf Tem ture'C D.O.m I_ RH Alksllnay Acidity Ali 1'e cnlun'C ii 0.3 p1L 4.5 14 0 p11 6J 2 144 300 400 32244 431 32243 02242 70 Salinily %. Pretipkalla0 (it>'day) Clow) Con, 'A +vile) (ivaclion (Ocg) Slrtath flow Severity Ttlfb dily Seeerily SYirtd Vclocily hte■n Sitcom Uep1h R. Stseam 1Yw R i0 is 32 6 1351 13" 35 64 4 County; Sample ID: A1339132 River Basin r WAROSP OF \NAj'�R Q� PO Number C 9W0029 Report To �11 Date Received: 011OW2009 F NQ=MF >_ Time Received: 08:20 a C Labworks LogirllD SMATHIS Region: VARO Date Reported; i1221tKJ Sample Matrix' SurfaCewatar Loc Type RIVER/STREAM Report Generated: 010212009 Emergency YeVNo COC YeslNa Visi11D b Loc. Doscr.: DONNIEPEEDIN FARM FIELD a P01NT SOURCE `—']�. ��' I Location ID: 96-DPB Colloct Date 1213V2008 Collect Time:: 13:15 Sample Depth Sample Qualifiers and Comments Routine Qualifiers 5or a mom detaged desaip w of Ittese quahfler codes refer to %wm.d g1ab.Crq under Stan Access A -Value reported is the average of two or more determinalion8 NJ -Estimates concentration ,s < POL and >1y1DL BI-Countable membranes with <20 colonies; Estimated NE•No established PQL 82- Counts from all frhers were zero, 83- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PqL due to matrix interference andlor sample dBu'ion 84-Fitters have counts o1 both >60 or 80 and < 20; Estimated q1-Holding time exceeded prior to receipt m tab.: '-- `" q2• Hording time exceeded foliovnng receipt by lab =� B5-To0 many colones were present: too numerous to count (TNTC) PqL- Pract apt quantitatian Limit-sub{act to cFSS �no IOlin, run fatet ser sat+ t i J2• Reported value d to meet OC criteria for either precision or accuracy; Estimated �• 'p��a' ,stm yI ! t U- Samples analyzed for this compound but fat Qatitlsd�- J3-The sample main% interfered vnth the atOty to make any accurate determination; Estimated X 1- Semple not analyzed for this compound , J6-The lab analysis was from an unpreserved or improperly Chemically preserved sample, Estimated 1 , N 1-Tha Component has been tentatively identified based on mass Spectral library search and has an estimated value LAB v f 1 Laboratory Section>> 1623 Mall Service Conter, Ralnl9h, NC 27699-1623 (919) 733-3908 Page 1 of 2 1 , i• Looatlon ID: Loc. Doscr.: Visit ID 96-DPB -VC D"WQ La6oratory Section Resufts 98-OP DONNIE PEEDIN FARM FIELD 4 POINT SOURCE Sample 10 AB39132 Collect Data, 12131r2008 Collett Time:; 13:15 GAS 0 Analyte Kama PUL Result Uuahlter Units Araly3VUata Approved By 1Dete gaimple Wmparature at receipt by lab 172 'C HPARKER SMATHiS Mattmd Referents 16" U7M NUT NH3 a5 N In liquid 0.02 280 fng1L as N h1A,IAY1 CGREEN Mafhod Rclerenme Lat10-l07-0b•1•J 119" to 6" Total *IdaN N as N in IlgsAd 0.2 300 rngil- as N µOVERMAN CGREEN Method Reference Lacharl0l-W2•M IGV9 1122M 1402+NO3 83 N In liquid 0.02 0.02 U mo+L as N MAJAYI CGREEN rrplhod Reference LaC10.107-04.1-c 1+gNg 5/161D9 Phosoxxw total as P in 100 1 002 45 mg& as P GBELK CGREEN MethodRelenmce LACILi1t5-0IAEF V13109 Ir22109 Laboratory Section» 1623 Mall SmIco Center, Raleigh. NC 27699.1623 (9191733.3900 Page 2 of 2 i A DIVISION/I.OF WATER QUALM WATBR QUALITY FIMD-LAB FORM (DMI) COUNTY Y ' L4�1,Adf £31OPU-AMPLaTYPC- IUVEROASIN &A64- ❑ AMn1F,N7' O/ST PAM n F.PFLU[NT nEPORTTO:ARGFRO M110ARU(an0 dtOW5ROTS A'r u M COMpUANCB LAKE INFLUENT Otlea ShkVcdbp Carrie ha ❑ FMERQENCY a3TUARY COI.I.L�:1OR(S� C ,.... _. o .+� Eltin.0d 001) Raga: 0LSJ5.15ns,6S140-130or IM plot STATION LOCATION: _ _Daytni G 1Y ZA4% Ta1nt E"'gd 4.41 21ted; YmrJ►b❑ Oloslatsad: Ywt1Na0 { �-Ft` ItPMAA1C4. Ar. A d e.Ie� i"P-3 - 4,-%..-. .r is lee,4 )� F..,. i 0005 310 m1/l. 2 COO I Ugh 340 mgfL 1 _ . COD L4rw 313 tr w% 4 MUM. MF F d 34616 na%w 5 wrsm:MPTOW315M 110913111 6 CbalbrM 7'*9 PI ad3Id15 1fO1ed 7 13dW= feat" 31573 flow 1 Reriae'TW 500 m17IL 9 Vo6Nlk 503 tnSIL 10 Fiacd $10 m#L I1 ncildue:Swprndcd330 mVL 12 VoWileMs mVL 13 Fixed540 ma/L 14 pl( 403 galls Is Acidity to pN 4.5 436 mgfl. 16 AeMAy to p111.3 435 mgfL 17 Alkalhlhytopt11.341$ mWL 11 AEIkalGtlryropl►4.St10 mafl- 19 TOC690 myL 20 Turbidity70 NTU v ■ �1 O CTtw 940 mg/L LTIa 70"] pgfL Color: Im 10 p1.Co C01w;wl ) 83 ARMI Colorpll7.612 ADMI Cymlda 770 mg/L r(aoetda 957 mVL 'm Wehyde 71110 m91L Orate ctd 0111 556 mg(L ltardrim To/a) 900 m#L Spaclrk Cond.95 MBAS 30260 mVL Phenols 32730 pg7L Sullkta 943 mafL Suinde 745 MWL w ao�g C.., 1 .A Ila 11N1 V Lab Number: Date Received: f G Ti,0 Rec'd by, 90 DATA ENTRY 13Y: From: Bu -Cauti -I land Del. CK: DATB REPORTED: A I1 L I T S s 1 C (a) anlxx 1U n N 6l0 MIVL 1'KN III 625 MIA 07 Phu M03 u N 630 M&L P: Total n P 663 mgfL PO4 n P 663 m#L P: D'nsoNM n P 666 mg(L Cd-Cadoduru 1027 It1/1. Ct•ChromlwMTatal 1034 p ail. Ctr•COMM 1041 pg3L NLNkket 1067 Wall. Pbdead 1051 pg/l, Zn•7ine 1092 pg/L Apsilta loll pa/L ALAlamimirn IT05 pgfL Be.8mirpum 1012 P61 CS.Cekium 916 mg(L Co - Cobalt 1037 pBfL re -Iron 1045 pall. U-Lkhiwn 1132 psk Mg•M.F.I m921 ma/L Mr,Msnpnm 1055 p1A. Na•Sodlum 929 my/L Arlenk:Total 1001 pa(L Se•Seltniam 1147 PIA 11i-Mercu7 11900 liA Orpilochlorbte PtttkMts Orpnophwphonn Pertkk3n Acid llctbkkea BatdNeuml EatrecUble Organics Acid Ectractable Orinniet Pwgesble Orgaaks t, V OA bank teq'd) Mylopbnkion Lob We00)Y `1 Tcm tetule an esrfvsl: p t 41i Po1N % Cooddetance a] 25T WMerTem tun'C D.O, in#L PH Alkalinity A�Id,ll Ak Te Won IC I ¢3 pit 4.1 114,5 pH.32 4 0 3W 400 2244 431 2243 $2 0Salinity SL Pregiphfion (inh6r) Cloud Cover % 1%ind Duertion ( a) Stream Flwv Severity Turbidity Sercrfry 141nd Veloc ly ru Stream Dgdh n, So"m Wk1th 0. 1e 5 2 16, 1 1 50 33 64 4 County WAYNE River Basin FM Report To WAROSP Collector E_HEWSOME Region WARD Sample Matrix; Surfacowater Loc. T?pe RIVERISTREAM Emergency YesINO GOC Ye&iNo X0 Location ID 06.OPC N("1U'61/U Layoratory-Jectzorc westats Semple ID: A839133 �(A Vf A rE9 PO Number 0 9w0030 O O� Date Received: 01106r2009 y Time Received: 08:20 C S Labwarks LoginlD SMATHIS Date Reported: 1122109 Report Generated. 01/2212009 Vrsitio Loc_ Doscr.: DONNIE PEEDIN FARM FIELD a LEFT MOST END OF TRIBUTARY I Collect Dale. 1213112008 Collect Time% 13:31 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinahions 81-Countable membranes w th <2C colonies; Estimated N3-Estimated conwntration is < PQL and >MDL NE -No astabi shod PQL 82• Counts from all filters were zero, BJ- Gountai;te merrttiranes with More than ti0 or So CO3pnes: Estimated P-Elevaled POL due to matrix interference and/or sample dilution 64-fdters have counts of both >60 or EO and < 20; Estimated CI -Holding time exceeded prior to receipt at lab. 02- Holding lime exceeded following receipt by lab 85-Too many colonies were present; too numerous to count (TNTG) J2• Reported value failed to meet OC criteria for either precision or accuracy. Estimated PQL- Practical Quanthation Limit -subject to change due to instrument sensitivity d3-The sample matfic intertored with the abilityto make any accurate determination; Estimated U- Samples analyzed for trios compound but not detected J6-The lab analysis is was from an un eservod or improperly pr pr party chemically preserved sample; Estimated XI• Sample not analyzed for this compound .,. .__.......y-..-.-..�.,•-..• -- NI-The component has been tentatively idenhfied based on mass spWraI Iibrary search and has an asumsted vatue �,j � f..f �S V.•i�tl � �.��JT LAB Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) T33.3903 Pape 1 of 2 4 WC (DWQw Laboratory Section Results Location 10: 96-DPC Loc. Dow.: DONNIE PEEDIN FARM FIELD 4 LEFT MOST END OF TRIBUTARY Visit ID Result Ouallfior Units o wap"Dim Metnoe Reference Sample ID AC;1y1" Cotfecil Date. 12/3112008 3 Collect Time-*; 1 13:31 RPAI IV09 Approved BylDate SMA HIS 1Rt09 NUT NH3 as N In ligtdd 0.02 93 m911- as N MAJAYI CGREEN Melhed Reference Lnc16107•(16-f •J 1.1701 tF16M Tool IQeldetd N as N in I1qu1d 04 110 mgfL as N MOVER!.1AN CGREEN Method Reference LeUne110746.2.M lam W21M NO2+NO3 as N In Uquld 0.02 0.02 U mg/L as N N.AJAYI CGREEN Mairkod Reference Lac10.107-04.I•c 111909 1116M Phosplton�tatat as P In IkMd 0.02 26 mg/L as P GBELK CGREEN MethodFlateence Lac141t5-01•IEF 1!131co t1z" Laboratory Section» 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 oO3o DIWS ON OF WAM QUALn Y WATER QUALITY FIELD -LAB FORM (17M[j ray ►Ab Use ONLY uxrr Q! CHi�1ua SAMIPLEIIE G 19 R3VER BASIN Q �,51./ ❑ AMBIENT ►REAM ['J r-►FLUt:NT Reronr7v:AROFRO A4noRR tRowsnors AT BM 2/1OMPLIANCB CJ LAKE � INFLUENT Other _ Shlppedby:Bvs amp u7,0thp EMEROENCY ESTUARY Lab Numbcr;-- Dole Received: Titre o Ret'd by: DATA ENTRY BY: From: 13us• ourier land DO, CK: DATE REPORTED: — COLL.GCrOR S : .Su�4� / &ti11ac7ed > O Rap c 40}S�S4139 ar 100 pt� STATION LOCATION: D , « ,' f rPri Ism ehimindedt Yoowrj REMARKS: r( w "a a .+ w " d i -,v Stulnu+l bate Begin (PYAm Tkm Been bare Eml Thm $n4 Depth DM DO DOM Value Type Corrgmsite Saryp(e SI p 3Z A H L T s B C o anlxx I GODS 310 mRR. 2 COD High 340 MIX 3 COD Low 335 mg/L 4 Cal)rorm: MF rm131616 /100ml 3 Callru m: M) Totoi MW41 /100ml 6 Llolif0mu Tube recal31611 1100ml 7 Calirotm revel Strap 31673 /IOOmI 9 Re4idttr"Tolal300 mg/L 9 Vckliln505 UWL 10 Fixed 510 mg/L I I Res"; Swpanded $110 moil. 12 WWI* 533 mo/L I riaod 340 mgn. 14 PH 403 uniu 15 Acidity to pH 4.5 436 mofL 16 AcWly to pl1 8.3 435 moll. 17 Alkillnlly to pH 1,3 41$ mglL Is AlkafkaytopH4.5410 moll, 19 TOC680 mg/L 20 Turbidity 76 NTU Chlor1de940 ��mglL Chi a 709S] _�..•__ rt7JL Color: True W Pt -Co Colon(PH ) 83 ADMI C91or:pH 7.4 62 ADMI Cyanide 720 mglL Flucride 951 mglL Fasruldehytie 71660 mfL Orem arrd (Nh l56 mgA, ILardrtersTotal 900 mg/L Spec(Re Cond, 95 MBAS 39260 mg1L Phcrwh 32730 pA Suirste 941 mgJL Sollde 741 mdL NH3 n N 619 mglL TKN u N 621 rnglL plus NO3 as N 630 mg1L P: Total as P 665 mg/L PU4 to P 665 mg11. P: Dissolved is P 666 mo/L Cd-Cadmhm 1077 11#1. Cr-Chmmhm:Toul 1034 FIIVL Cu-Comet 1012 pg/L Ni•Nkkel 1061 pg/L Pb Lad 1031 pVL Zn-Zim 1092 prjl. A;.Sara 1077 p01. ALAlumlmim 1103 itgfL Be -Beryllium 1012 p g/L Ca-Caklum 916 mg(L Co•Cowl 1037 pgrl. Pe4roo 1045 p�IL IJ-Uhlum 1132 pOL Mg-M4pte3iem 927 mglL. Mn-Msnpnese 1055 mS& Na-Sodhttn 929 mgrL Amen icTolal I D02 1t SA- Se-Seltnlum I N7 pg�L fig-Memury 71900 pg/L Orprachlodne Pertkido Orgonophmphotus Pesrlddrs Acid Hetbicides BasumeutraI Fimmub'mOrpaks Acid DirwisblcOrpnks Ptngeebk Orgtnirl (VOA bollie mq'd) �� Phyroplsatton Lab Use on, Tem emiurc on arrival; solmislirm Wo X I Corducunce al 25T WakrTcm hut'C D.O. mpYL lvH I AlWinity Acidity Ak Tr mttre'C 1118.3 PH 4.5 1114.5 PH 8.1 )4 0 303 400 12244 411 124) S2241 20 salinity 16 Precipliallon ()Nday) cloud Covol % Wad Dkectasn (Deg) Sulam Floo, Sevtrily I Turbidity Severity W lyd v6xAy Mean Simom Drprh O. Sbvam IYW]h 11, 190 S 32 36 13M 1350 3S 1 1 64 4 ` Q: LaboratotySection &surts County: WAYNE Sample ID A839100 River Basin �pF VJA r9 �iy PO Number a W0801067 Report To wAROAP �p� Date Received, 1213112003 r? r Time Rece vep 16 16 Collector E NEW5OME a -C Labworks LogWD MSTARR Regltm: WAR o Sample Matrix: Sudacewater Date Reported 1129109 Loc. Type; RPIEWSTREAM Report Generated t91129P1009 Emergency Yes/No COC Ye5rN0 YES VtstIID Loc. Descr.: 96-DPA �- 1 a g log Location ID: 96•DPA Collect Date: 1=1=06 Collect Time:. 13:00 Sample Depth Sample Oualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A-Volue reported is the average of two or more oeterminations N3-Estimated cortcantration is - PQL and >MDL Bt•Countable membranes with <20 colonies, Estimated NE -No lStaWisnld PaL 82• Counts from all filters were zero P-Elevated POL due to matrix interference andlor tamale dilution 83- Countable mempraneS wilh more than fi0 of 80 Colonies; Estimated 01-Holding time O-Ceeood prior to receipt at lab 84•Filtars have counts of both �60 or 60 and < 20, Estimated 02- Holcing time evcaeded Ibtiowing receipt by lab 85-Too many eoWnies were present, too numerous to count (TNTC) ppL. Practlral Quantiiation L�rni1•SubjaCi to Change due to instrument Sensitivity Reponed value tarred to meet QC criteria for ecner precision or accuracy; Estimated Samples anaiy2ed for this compound but not detected J3-Tne sampto mettle mtertereC with the att3ltty to make any accurate determination; Estimated maied ' XI - Sample not analyzed for this compound J6-The lab analysis was from an unoreservad or improperly chemical H preserved sample; Esfimatic Nt-The component has been terrailvely identified based on mass spectral library search and has an estimated value i , " ; (d;� WARD Laboratory Soetion» 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733-3903 page I of 2 TIC (f,(. _'"�Q Laboratory Section i�,ESiLIrS Sample At5Jy1UU Location 10 96-DPA Collect Date: 1213112009 Loc. Dascr.: 96.OPA Collect Time.: 13:00 Visit ID GA5 C Analyte Name PoL Result Qualifier Units Analyst/Dale Approved By 7Oate EWFOO temperawre at pt by lab 2,1 C MSTARR HPARTER No[hadRofwmv 1N3I= 115VOS SOD. 5-Day In llquld 2.0 140 G4 mgn. LtSTARR ESTAFFORD L1OOVA Rtferonce APHAS2109 i2,09 t/ &D9 C49form. MF Feral In liquid 1 48W CFLN100rn1 MSTARR F.SfAFFORO Ltefhod Reference APHA9222O.20h 120IMS 2:1 ]109 Laboratory Soctlon» 1623 Mail Service Center. Raleigh. NC 27699.1623 (919) 733.3908 Page 2 of 2 i n 'v nooo DIVISION Or WATIA QUALITY WATCR QUALEEY MC-LU,LAB romm (uA'Ti)rw I.nLhruIILY El MIX .AS FULTY11 Lab Numb G t,J05sO 10 67 atvra nASIN lv+r v _ ❑ i / W1 n ccescd: 3� 7inrc J (s - I (� AMnI[i1r lIiHHH a�l srrtclr,Nr Dale R --• _ , nerOttr,O; AItU 1 RO Mxo npv w.pl? wrt/) WSuu 13 Itcc'd it . rrt3ll1: Gus-C guticr•I fend D-01- AT1u1 VATAENTRY Y: CK: C\7IdRlARC,t 0 hICC Q TNFt.tJl;N7 Uitm DATE; IWORTM Shyped6T Q t ❑ Ib•IE M.WL-v (7j vC1UrlRY C(113,fL40R S . � �A•1Ii (.YK.� _ /� /{ y.� f % / j f'Atim.lyd LiOffU�^�7R1rn6c:6YS•]SR7•Gy10.1)O or tOp DWIf7''''11 Sf�A ,.,F 10lf lt7LtiT10 N; A��— �1.�••1��r�, �/rr� rir.K�T� r�'�a'it�/r+5r -�1 ���rl�4,J�Lti! -}r� 1�!✓I%, snk V.n- -.4. ❑ OtaF.1oL Y-O N.0 ( /• I �� _1 POWS, ►S: r� s cae'ti,--ZrT4 Sul:ao0 ILer 11e11A ! lme Otero A; Um. Fnl lru I imee f:nd Llcpim 1l11 5 A - N. FIpc I;rgm+t S.ttF+l.F /�"f ,1 (jr o Iu'-':��is L I pppl )10 �• mRrl. C1.Iarkk 140 -- nyA. .4113 or N0I9 _ ____�.� n+tn• Iigh 340CIA. Chi r 711151 I,li t• T W4 or N all mL11, Ats '`OOtm )]s T.......0. 11!11 phi NW I t 1f 612 .~~..—�cq. L'rliram: nl r F w ):616 rl(ttf+l •� ►; 1 pt.l a P $45 5 1'.blum OF 1ot$ 3t." IMW Gloat: Iran 61 1111Co !W n r651 inr/L 6 Cotihvnc Tub. 1'.nl316I1 •'��'-11M.1 -` cukgydl ) It AU411 r: Uicolr.d.c l' b64 ---_� -rL 1 fall0nar P..al Su@ j I673 ••—._••_Yv !I Wml Cob.Tll ?A II AUI.n .•• a R.vid-: ToW 5W maA_ Cyr..;& 720 mplL Cd•c dm.m 1071 _...._.....�._....__�pa'L. 9 Val -Irk 30) ne(1. floa16. pit m&lL _.._ CI•Cllmmhan;iu1.11014 pd1. 10 rlred 510 ny7'1, ramnb3. t)* 71930 —•• ma?L CY•C•0(1+n II317 W ppC it R-Wd Smpr..lyd li0 _.._ maA. ORr.r OW U1:. 554 --� myl, ul•Nki.I IRFT •_••—�— uj/� 11 valuik 533 -�n-WL I IirrtSxrl Tala14O0 ^� mVIL fbls.d 1011 11 Firt11 AO mor, somilk cond. (1) _ 2 ±K- 20 ��� p61• 14 7- 13M&Y to pit4.S 416 W Kcin1.31730 rd . Ag-slw r let) Tart. 16 A4Fd11r to pll 9.1431 T % Snif f. 941 myl1. AFAWminum 4101 17 ,.� A allnllyapll a.) 611 Awl. Sd1(w ics,..,........_..___.., mgfL �. n.•lkr)t!Iwn 1011 li ARllwiq to pN 41410 _�...�.�........ ��, �,.._.._..._��_ ,._.__......-- � l►•Ckkiib11 pI6 r9 ,o a nd1 tbcabrr lal) Pan. 70 rmlridity t6 ^�_� f; I u Fi_Iion 1041 re LI•I•iTy.rrn 1111 �--- .y� pat Na•Ak arrtlun 91 ! mtrL Mw•nLnpnno E073 get N.•5n.lh.re 919 - _ _ _ �� JtI'1- A,mk: I ant 1001 r aL I-Srhri.r.I1111 I'N" �Ila•hkrsb•l — 71900 pa'1- .__.� lktrwenbeinr r,,i- n v 11r e.nt}rhmphernn h..t1•:In ( 1` Arid lleebkole tltleTlr arlFiI tb llbk(hpwln MW Umwcubir Utpok. hrar" Qp.r, (1'UA bMtk .9'd) Llb Utc (11!lZ re g ture en wlrel:: F M'fG 1s'c wo. 1im_pen l-�r'C 0.0— 11 p11 ~� AIW --- _ _ _ _ Ark" - �� AY I re tatw� at ea pit 4,3 Al 4 5 pi11,7 16 D Tm <w 27,14 I)V )7_4)12241 0 _ Sacm Elm. 5r..ru7 1ur%pWT Se..dtl N'i W veb.•rl Mr.a 3—.m 13,p h It Slmm IL'IAh 1l 546ii..—.. f atetBiUiot(Nday) l7oud Corry % _ NC DENRIDWO Laboratory s't Sample Anomaly Report (SAR) tBb Number: I AR39100 Sample 10, A Report To: WtILRO priomyf: Sxzmpta Type: other Collector : I- Ntas =M Region: SteWn Location: Obnnle Petsddt FOMI . u s.rreBrYl COUMY Dateltime collected. 12131f08 1:00PM Datellime Reed 12/31108 4:16 PM Date/time analyzed: AffectedParameter{9}: ...............r_..`�aD .. ..f�,� Zf..?-.w.:Y... . Analytical Area: WaROI`afi-' o The follotivirxt anomalies occurred ;Check all That apply): []sampies (Enter -x" in all apr'�cable boxes) Improper container used VOA Asls with headspace Sulfide samples with hear ,ace Samples not remwod. but sled on fteldsheet Samples received, but not .sled on feldsheel Mislat,i:icd as to tests, prc. •-rvalives. etc. Bolding time expired Prior to receipt in lab After receipt in lab lnsuff,cient quantity for am- �:sis $arnplc exhibits gross nor -omogeneity Sample not chemically pre _-rved pr erop ly ypl I out of range - Rece r pH -� Irr,proper Chemical Pesidi:al chlorine present r- sample Color interference Heavy emulsion (ormed du ing extraction _5anrale bottle broken in is . no reportable results X" Other t ;zify►: EIADENCE, roxicitypreseol:insam* Comments: - compunm P=- I 112109 10.00 AM I Quality Control (Enter "x- in all applicable boxes) Instr ment failure - no reportable results Ana►yst error - no reportable results $urrp ales None added Recovery outside acceptance Irmo �Sprke recovery None added Reowery cutttfds accOptarice limMe Falled to mml crtteria ftlf pi afgon Interred standards pt ft contemiruNfon OC data reponild outside of contrG(s twq . OCS. LCS) Incur z or non eomp9mit V=odum used SOP intentionafly modified with QA and Branch Head approval Invalid instrument calibration Elevated detection limits dve to: l5ee netaw J Evidence of TOXICITY presort in Sample. Ttiisis generally characterized.by a significant increase ih-jt e BOD vc ue:as the san•.r31e concentration.decreases. The reported Value is-raWculated from tee higtiest dilution repre5ent:ng the.maxtrrttim Loatitr►g potential.and should be.Wnsidered an estiirt3ted value. Corrottive Action; Data vtjaiifier;� :odes on vmb_htta-11h2o.enr-Stale.nc.us/tab/index.htm G4;�v:,deflce o` t-.xicity vvas pi'esc This -is generally characteiUed'•by_a sipificant-increase in•the BOD value? as the tmP eotcanrrtion decreases_ ve reportedeslJmit6a,Va6fi1*_ vale K calculated trorti hetiighest,diiutton r! plyesenting the maximum-. g potenttal _nd sh-auld be cc=idered"an " Notifr: iTi^n Pi-: -.,e d? FEYc [--]No Person contacAed- Eric Newsome Date, 112&2009 Form :-.mF'•-l. . td. Star ...... 1. Dale tl25iZ0©° 2612 .......... Lead Cnem�s!'�.:,xrvis�,r's Revic, � 1151.^;1l IF1.; ....... El : 1•:1ETAt_S I PE ST ....... E]SVOA � YOA Olhcr Branch ricaa rev%:, ....... .v (wiiiat) f OA10C ReAirw (inrt t) Logged info database by (initial) : iE j County: WAYNE River Basin Report To WAROAP Collector: E NEWSOME Region: WARO Sample Matrix: Sutfacewater Lac. Type: Effluent Emergency YeslNO COC YeslNo YES Location tD: 96.OPB e \NA)'�q VistgD Loc. Descr.: 9 P Collect Date: 12131MOB Collect Trme.: 13;13 Sample Qualifiers and Comments Sample tD; PO Number it Date Received: Time Received Labworks LoginlD Date Reported: Report Generated Sample Depth A839101 W0807068 12/3112008 16:16 MSTARR 1129109 0 t 129r2009 Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentratron i5 < POL and>MDL 81-Countable membraneswilh <20 colonies: Estimated NE -No established POL 82- Counts from all idlers were zero. P-Elevated POL due to matrix interference andlor sample dilution B3- Countable membranes w th more than 60 or 80 colonies; Estimated 01-F{ddrng time exceeded prior to receipt at lab. BCFihers have Counts of both >60 or 80 and < 20: Estimated 02• Holding time exceeded following receipt by lab B5-Too many colonies were present; too numerous to count (TNTC) POL- Practical Ouantitauon Limit -subject to cnange due to instrument sensitivity J2- Reported value failed to meet OC criteria for either precision or accuracy, Estimated J3-The sample matrix interfered with the ability 10 male any accurate deta urination, Estimated X Samples analyzed for this compound but not detected J6-The lab analysis was from an unpreserved or improperly Chemically preserved sample: Estimated 1- Sample not analyzed for this his compound N1-The component has been tentatively identified based on mass spectral library search and has an estimated value 7 FED —4 WARD a Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 µ Page t ofl2 1311200 �rC DWQQ Laboratory Section Results Comore it) W/2001 Location ID: 96•DPB Correct pile 12Q8 Loc. Descr,: 96-Dp8 Coact Ttme ' 13:13 Visa ID CAS c Analyze Name POL Result Guallfier Units AnatysVDato approved By IDate Otemperulure51receiptbylab 2.1 Ic MSTARR HPARKER k MW Relerence IMIA16 I/57o8 SOD, 5•)eyInilquld 2.0 300 G4 mgfL MSTARR [STAFFORD MOLRod RMarente APMA52140 12d9 i2t;44 CrNltorm, MF FeW In liquid 1 7000 B4 CFUI100m1 MSTARR ESiAFFO RD Molp'ne Reference APHA42220-20h 12l31r08 1113W l Laboratory Soctlon» 1623 Mail Service Cantor, Raleigh, NC 27659.1623 (919) 733-Ma Page 2 of 2 v I DIVISUNUfWATER QUALM WATER QUAI.ITI'Fir-LD•LABFORM (DM 1) r" Wl U,lofrY cOtJ.rry ^� nCR1Qiii?:L 5�1 PF Qt I oV� Leib Number: p.IVCKDASIN V Usstltcc<i�id:1 f'jjg' 7imc: ❑ AMO:i?T STREAM 13 6lTLUfNI' iti2poarifl:AaU rttu Mao nRo w,ao %,;nitj waao is Rc_c'd b Raw: Elu3•Cavlier llnnd DCL A'r11M lo/cOkPUANCB ❑ LAXn ❑ I:IrLUGpir DATA CN MY DY: CK: DATE nr_.mR•rrr) O MIFJIUW:CY ■ ❑ ESIUARY r�rimtttJMrJA.n[e't}3/c•13/23.65146•l�o.lCCo��0ylu� Srti71O7:1.UCAiii},y_ �,y�� j�['J(,{t� �-+-ice �P ai� ,�a7�C•l/ Se J: Ve❑ No❑ (ylvirupnl: Ya{••••1 H.❑ `W - A .. . t i r .�. _ y�_-�9 �• .J i / ! . i —_ _`_��~�••.�_.� L,7D Ilgh 740 malt. Ul�trl)S mat. _ Collrwmr MF Fnnl Il6lE + lisped f �.W.A-�� CnliJarac Jdr Tdd JI Y3, /S00rrJ eRi;r� TeAe 14casilnle � Ilea:, _. Colihwrs I'eca! Vtrp)I61J !1Q'Li pi ara.tt,e Toal SQD � rnrlT. vaweltr :9} IrxA. -OIL p r.Huc: Sotfetw.d ti:1 � mlJ9. yahl'rla 531 _.. my1. pl,tds40 r.CIL p!f 40.1 anh, AcW;ty 19p114,3 UG maR. A Kfy a pfl 13 M MIA A!14k7 iq t. p11 1.1 415 Ahnl Tally to pN 4.5 41 a tPali, TOC 680 m�7. TalAdity 76 NTU i7llirot 940 ot[:1. (3:1, TD731 p[IL rPkr; imt CU A{s Cukx:Tp!! 1 n) Ar>MI CtOw , n 7.6 E7 AD1A Cy*4;& 710 trWL 11.rcrG1+93i mar fi rn td hy671[io Orr.» r l oih 556 nn i Ibnfna+Tool 000 MJ01. Sp.cin. c.,4 93 ►fBASNYM OWL phcra+hl7)JO pill. - — - Sa09c945 md1 :w::iJt. T,S aa2 —f Jirli�;i:dia T I;T7,tNL77 �� �� ma/L 1•il! pla, Ili7} n N 3t0 �� mTJL P:1-1 pC.I tn� •,�• Pf), .. p f43l� mfR• "'.�'�._. ._.M11. P: II ., p (.?A Cd Ck14— 1(M pR/L r,r.Cpnud:.m;7 �1 ION pEl1. J.._. NiWifIICOP y i'ili M head M; 71f•71r�r 71141 -• pan. A a.Silvre 1017 ___� pNL A1.Alulafr.uln !! 01 p[�. _ JN•Httyltlunr ta11�� _ paA. f:a.flltam 916 MAI pN P..troa IR,3 ea, t.i. 1, etlitrm 11)I _• .AI[.A4.ptetiovt 917 Z. \e•.•�IA.rrpRetr lull p#A _3 W. Swttam 974 to PR. �-__ �• �.. Mrdc;lga! k007 p[rl, I(a•Merrw 71 on ptL OMAn tk}lei,' F41lk6k+ Vet.+><yw.phat+hrtkWn At kl Nl r 40 Kki - - — -- ntriNe;tmlftuscubl.Olpnirt - A, id E.tr.elW, t)rpnie, E Pt e.lfk Arpnkl (1'OA WflemgY11 phytr�4,Jlm 1.4h Ulc 0� Te tn9tureop 9ninl: 1 Sa l i`ailu X CRrxaarr. a 27'C Warn I.rn(er,tttr: T U.��I. tl _....�_. �� Alial4.ur _ _ �,_ Atid�„ AY 1'<tlpcnlm. C_ pi14.5 a tJ' PH -3 0 :T 400 I:.6, 411 127u 11241 S4:1.hyy }. rwipialWr.JW4a7) aw— ww N'ml.a(Ura) Su um l Jpw 3, nritJ Ta""y Se my wiod ve- dy ten Steen. Depth JL Wtn w5WW ,a 1 7 6 M 350�M .,,T 4 f MC DEM1dfII3WQ Laboratot a Umple Anonwily Report (SCR) Lab Number. A L!9161 SsmprEs ID: B ltoport To: WGRO Priority' Comet Smote Type: odw C Cacuir: E. Newwme Region: WaRO Shahan Looattan: bmu%W Pendet Farm - source County Wayne Datenrme collected: 12/31108 1:13PM Dat"me Reed 12131/08 4:16 PM Datettime analyzed: VMS 10:00 AM Affected Parameter(s): - �1.0f r Analytical Area: WaRO Lab: ------ The fe4ovMng anomaties occurred (Check. all that apply): Qsamples (Enter'x- in all applicable boxes) ❑ QUallty Cantr+ol (Enter's w in all epplcabl* bmrss) Improper Conlaiiier used Instrument failure - no reportable results VOA vials with headspace Analyst error -• no reportable results Sulfide samples wish headspace Samples not received, but fisted on field$heel SuPit"-,O-ne added Samples received. but not listed on fietdsheet Recovery Wakle tloceptw%ce t mHo hiislabeled as to tests. preservatives, etc. Spire recovery Holding time expired F-lNoie added Prior to receipt in lab Recaysry O AStd8 Qmemnm tftrtits After receipt in lab Faaed to mom rx6teria far ptedstott Insufficient quantity for anatysis lrOnTal slandards Sample exhibits gross non-harnogeneity Bku* Loaltaminadon Sample not Cher„ icaey preserved ern it CC date reported outside of canirola (e.g . QCS. L,CS) pH out of range . Record pH -p- lrttvrreCt or non ecin (fl aM prti7oadtre Mod Improper chemical SDP lntentlonally modded wtth OA and Emrich Iwd Resiaual chlonne present in sample approval CCuor inletfcrence Invalid instrvrnant cdlbr> Wn . Heavy emidsion formed during extraction Elevated det6Ctibfl litn(ts dire to: Dates. Sample bottle broken in tab - no reportabts results X Other i:•EvfDEIVGEofTaxieitypreseMinsample_,-. P P 9; t �Y. cterizedby t el significanIncrease Evidence of TOXICITY resent,in Sam- le This is eneral chars in t#te;80D value as the satnpte cancentratlon-decreaises-. _The reported value is calculAted-.fcotm_`- he highest dilution ceprese�riting,ttte maidmum;lpading potential and sitt�titd be considered and esgmait —Ci value. � Corrective Action: Data qualifiers used: iSee Ova}eier Cafes an web http 11h2o.enf to a nc usAgbfi dex-him G4-Evidence of toxicity was present ThIs•Is gt#t'ierMty characterized by a significant increase in the BOD value as the sample concentration decreases. The reported°value is calculated from he highest dilutW representing the.mlaximurn loading potenbal and should bli considered an estimated value. Notification f'equt ed? Eyes [:]No Person contacted- Eric NeiMome Date- 1126120D9 - Form comptet_a L;• Mark A Starr Date: 1/26/2009 Lead Chemi5uSupervisor's Review (Initials): �BtOCHEt�I ?.iETr.LS t D PEST pA n VQA Dther ............ Branch Head !tcv:rvr i rinial): r • =o QNoC Review poi ol) �gged Into database by (milial) rD' LaboratoLySection Wesutits County: WAYNE Sample ID: AB39102 River Basin OF IMA )r �T_ PO Number C W0801069 Report To INAROAP `Da Date Received: 12131r200a > Z; Time Received; 16:16 Collector: E NEWSOME Q "< Labworks LoginlD MSTARR Region: WARD Dale Reported; 1729109 Sample Matrix: Su acmotpr LOC. Type: RIVERISTREAM Rer-on Gerwaied: D1i2912009 Emergency Yes/No CG�C Yes1No 7� Vi5iI10 Loc. Doscr.: 0,0- DPC Location ID: 96-DPC Collect Data: 17f3 V2009 Collect Time:: 13:27 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwgiab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimaled concentration is < POL and >I fDL Bi-Countable membranes with <20 colonies: Estimated NE -No estaWishod POL 82- Counts from all fillers were zero. P-Elevated POL due to matrix Interference andlor sample dilution 83- Countable membranes with more than 60 or 80 colonies, Estimated BA -Filters have counts of spin >50 or 80 and < 20: Estimated 01-Hoiding time a}caeded prior to receipt at lab. 65-Too many colonies were presets; too numerous to count (TNTC? 02- Holding dme exceeded fottowing receipt by lab PQL- Practical Quanlitation Limit -subject to change duo to insirumeni sensitivity J2- Reported value failed to meet OC criteria for either precision or accuracy, Estimated U- Samples analyzed for this compound but not detected J3-Tne sample matrix interfered min Ire ability to make any accurate detorminatwn; Estimated X1• Sampta not analyzed for this Compound Je-The lab anafyvs was from on unpresetved or improperly chemically preserved sample, Estimated jN1-The compatient has been tentatively identified based on mass spectral library search and has an estimated vatue VAR0 L,d*mwry �t �� 4c s r . i:c cr. I tpltl,4t>r ft ( Y8,3.3t�a5 D�q L� FEU 4 f NC OWQ Ga6oratory Section Wssufts Sample to A839102 Location ID: 86-DPC Collect Dale: 12/311209() Lot. peso.: 96-DPC Collect Time:: 13:27 visit to i CJi5 A Analyto Name PQL Result Qualifier knits Analysmale Approved By Cato Method Reterenee 1261108 115M SOD, SDayln4gutd 2.0 270 04 nvL MSTARP. ESTAFFORD Heated Re erence APHA52109 lf2,% 1126M Co1bhht,MFFetal InIlatdd 1 2000 CFU1100ml MSTARR ESTAFFORD Method Relrren o APHA=0.20th 1? 31108 W13M Laboratory Section>> 1623 Mall Service Center, Ralelgh, NC 27699.1623 (919) 733.3906 Page 2 of 2 DIVISION OF WAT1•R QUAUTY WA11:R QUALITY F1110.LAB FORM (I)M1) po<1,I:Slr.vxl.r cvvNrr 1W r Mum B&FA'l.k.LYIU � ,uvexRAs1N Gl,�-c.!� ----❑ A6lultxr s171rAM [] r•.FFIaJlarr RPMf1T1V: Allo rRV Mao ILRO W.RO VINO WMkOTS / AT HM C�" INrl.VUN[ cnu1�.lAntce LAKE or1k, S>.lprrd l7:N C r F.MMOF3rCY U 01VARY L'rt 6r.iel Utk3- ft.r.p:aSrS-131xs•6kIN•I]O rw lwptw lrllnoy LCJCAnoN: e^enl: Yn1r„ jtm.0 o1&k*.rk Y,0 N.❑ 1f•� itr�4.D [)op lkalnj>�6f1 1iw. Ur11• fhk IN _ 11" End L* 6 Uhl UU C/IIM 4i � L7 31 Lab Number: (OW02010.6a Dala Aecel�ed: 0 8' Time: I I,- I b Reed b . From: Bts-Cout[cr-1 lend Del. DATA ENTRY BY: CK: QATH REPORTED: IZ 13t a� I -!1/ Z ;1- 10S 7 I f A It L T S B 1C 5tj7 CS.Ia� 9<0 h I I: I; 21 I; WI I 17 fl �19 70 i ,olnalo � �ti t fti7[J �[yh 1m �� nay[. I C LorrJSS m6,4. rotlrwnc Mf r•.<.131ata rlm�l .r Coa fb,m W1 Tyr.131101 1100"r —_ Cvlifam Tvk liad31613 f100m1 Cone t r<c.1 swm 31673 110c"d Rr,61an: Tort 300 "Wl. -- V.6u04 301 nWL 1'hcd 3Y0 pvrL Rn14ue; svrpersird 3l0 mBA. V.&Ak 131 rnSl1, - Fiad 340 mpl. _ p11 Yll _ tmiu Atiddy to pl1T3 416 -vt M;"7 b p 123 133 W91L AN limit? topll0.1411�- Alkd6by69pl14.5410 mfn, �— TUC6ao weft. Twbid:1y74 MU Cola: Tn:t to ., Cblor�lAf j Ll (:a1ur�1! 1.6 el C)-NM. 120 �- I1w.kk: 931 �— Ia JitApk7tow oretre.od Uih Sid I l.nitalt Tow 900 Srwlfk- I:uA. 93 Pkcooh )7710 WIkk 4.S SvMde 743 it "l t, Ca ADMI m f'1. r/10 10 ti 510 -- r —� -jvL + TKN inHWS tq0. Nqr p6n NO) o N 610 -OIL pr 1.kt n r 663 marC, rot n r 03 md[. P. Dl soled" p 666 raT/L T 04•C1d.drw IOY1 po•3. 0•0.omk-cloa.11934 FVL _ ChCaI{�IM] W14idti.1 1067 p6JL 11.1n4101i p61L _ 7X411e 1091 p 0L As-sd.,r 1017 veL A 4Alutni..r. 1! OS pal. G•Crkivw 916 ���•-- T�Uw� IJd,ahhre 1112 � M J.k4Qwlurrt 9f i ��� N. Sodlwn 979 Anoie.Tnt.l 1001 Ae9rtrrrkm I f l7 kij•M JI?W f 4 p�rm61nx6�� PnIN Idn t*nnv%*Q4wat rt=nrytt Ac61 I kd:kMn tkmfNeaaTlUlr"blrorpaka r A<W @tlr.tk6k C)tpn in I Cola: Tn:t to ., Cblor�lAf j Ll (:a1ur�1! 1.6 el C)-NM. 120 �- I1w.kk: 931 �— Ia JitApk7tow oretre.od Uih Sid I l.nitalt Tow 900 Srwlfk- I:uA. 93 Pkcooh )7710 WIkk 4.S SvMde 743 it "l t, Ca ADMI m f'1. r/10 10 ti 510 -- r —� -jvL + TKN inHWS tq0. Nqr p6n NO) o N 610 -OIL pr 1.kt n r 663 marC, rot n r 03 md[. P. Dl soled" p 666 raT/L T 04•C1d.drw IOY1 po•3. 0•0.omk-cloa.11934 FVL _ ChCaI{�IM] W14idti.1 1067 p6JL 11.1n4101i p61L _ 7X411e 1091 p 0L As-sd.,r 1017 veL A 4Alutni..r. 1! OS pal. G•Crkivw 916 ���•-- T�Uw� IJd,ahhre 1112 � M J.k4Qwlurrt 9f i ��� N. Sodlwn 979 Anoie.Tnt.l 1001 Ae9rtrrrkm I f l7 kij•M JI?W f 4 p�rm61nx6�� PnIN Idn t*nnv%*Q4wat rt=nrytt Ac61 I kd:kMn tkmfNeaaTlUlr"blrorpaka r A<W @tlr.tk6k C)tpn in I IJd,ahhre 1112 � M J.k4Qwlurrt 9f i ��� N. Sodlwn 979 Anoie.Tnt.l 1001 Ae9rtrrrkm I f l7 kij•M JI?W f 4 p�rm61nx6�� PnIN Idn t*nnv%*Q4wat rt=nrytt Ac61 I kd:kMn tkmfNeaaTlUlr"blrorpaka r A<W @tlr.tk6k C)tpn in I rl t] NC DENR/DWQ Laborutor es Sample Anomaly Rgwrt (SAR) Lubmm*er I A939102 I Son*- der. B Riapod To: 1iWAO Priority: Compliance Swap% Typo: other coldectw, : E. Pie Region: WaRO Station Location: Donnie PenFarm - dawn stream County Wayno Date/time collected: 12131108 1:27PM ❑atert,me Rec'd 12 31= 4:16 PVA dateffime arxslyzed: 1l2/08 10;00 AM Affected Parameterts):_ _ AnaIVUcal Area: W RO'Lati The following anorralies occurred (Check al! that appift ❑Sales {Enter "x' in all applicable boxes) ❑ Quati`ty Con&ol (6reer V in eft opprcab€e bowe) Improper container used VOA vials with headspace Sulfide samples with headsp3ce Samples riot received. but lisled on fieldsheel Samples received, but not fisted on fietdsheet Mis6•31tiekct as to tests, preservatives. etc. Holding lime expired Prior to r=ipt in tab After receipt in lab Insufficient quantity for analysis Sample exhibits gross non -homogeneity Sample not chemically preserved prope IpH on•. of range • Record pH -W Improper chemical Residual c:ttorine present in sample Color inic: terence Heavy esiulsion formed during extraction Sample t:uttle broken in lab - no reportable resul thertyctii-;=EV{pENGEot.Toxsc+typresenl -ertn Comments:, r :k, 7 "T?°r' H)nsbuma,rd fallum - no reportable resuts Analyst error - no reportabte results surr d186 LjfdOI:B elided Recovery outside acceptance ftmltl3 ❑Space retnveiy ❑None added Recovery outside acceptance limits Failed to meet criteria for precision Intand wAndards Starlit ca+ttammstwn OC data reported outside of Controls (e.e., QCS. WS) fnrarreCl or nan compliant procackwe used SOP fntenikwcany modi9ed wM GA and Wanch Head eppravef RfrilmW intRunwit callbrOon Bated AatCGion Ikttffs due to: [Soe DeAvw.d Y Etrtdence of TOXICITY resent.tn Sam � � § i�general chara<feriAw- a s �I�caf�tlncrease p Pl IY t�I► l9 �f' h SOD vat,v� as�he.sarnpI cont4r',trai►on de x ses The reported value: is caiculateci from he tighesi diiuiirt'repesenttf the tr�xlrntm ioaiiing pateftfial:and should be cansiifereci an estimated valui-. Coirecf3ve Action: -None F Data qualifiers u•.. d: (See Ousurier C.raes a~ wto a hil (34-Evidence of t:: -Itly was pres(_-r.t._This is generaffy,c sample ccncentrv; n detresses. one reported v3tue is x_ ioading potential an,," shotdld•be considered an e5#tn ate tedzed by, a significant inereage in the SOD value as.the= Iaied from he highest dittrttsyn ie`presenrng the maadmutn_ Notificalccil RcgE: ' X❑Ycs ❑No Person Contacted: Eric Newsome Date. 12612M Form cUir: ;Ir:ic t . ....................;IT r . Dale:.... if2612009.... toed Ctrornistisup,. : isor'S R9view ?iruti&tg}: ❑SJOCHEti METALS ❑PEST A ❑ VOA ❑ Other Brandt Head Revit'.= Onitlal): QA;QC Revtew (i 'flap: gged into database by (initiaf) *!; �Az6 Al) _ County: WAYN River Basin Report To WAROAP Collector: E NEWSOME Region: WARO Sample Matrix: Surfacewater Loc. Type: E uen Emergency YeslNo COC Yes/No YES Location ID: 96-OPB �o�ap� � r O '[ VisitlD Loc. Descr.: 96-DPB Collect Date: 12131/2008 Collect Time:: 13:13 Sample Qualifiers and Comments Sample ID PO Number# Date Received: Time Received: Labworks LoginlD Date Reported: Report Generated: Sample Depth AB39101 W0801068 1213112008 16:16 MSTARR 1129/09 01/29/2009 f �� i o cl Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated NE -No established PQL 82- Counts from all filters were zero. B3- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference andlor sample dilution B4-Filters have counts of both >60 or 80 and < 20; Estimated 01-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) 02- Holding time exceeded following receipt by lab J2-Reported value tailed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation Limit-subject to change due to instrument sensitivity J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this compound but not detected J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Sample not analyzed for this compound N1-The component has been tentatively identified based on mass spectral library search and has an estimated value --• - --•-----•••- ••- -- ••--•- —t WARO Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 j. Ii`,•; FEB - 4 2009 t Page _1 of.2 V i Location ID: 96-DPB Loc. Descr.: 96-DPB Visit ID PVC DWQ Laboratory Section Results Collect Date: Collect Time:: 1213112008 13:13 CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By (Date Method Reference 12/31/08 115109 BOD, 5-Day In liquid 2.0 300 G4 mglL MSTARR ESTAFFORD Method Reference APHA5210B 112109 1/26109 Conform, MF Fecal In liquid 1 7000 134 CFU/100ml MSTARR ESTAFFORD Method Reference APHA9222D-20th 12/31108 1113/09 I Laboratory Section» 1623 Mail Service Center, Raleigh, NC 21699-1623 (919) 733-3908 Page 2 of 2 f y DIVISION OF WATER QUALITY WATER QUALr Y MELD -LAB FORM (I)MI) rorl.abUssONLY Cowry IA', Maw -Ty RIV[R BASIr4 ❑ AMDEt74T SI3tGAM ❑ CFFLLI171T REPORT IO: APO M0 MRO PRO WaRO WuRO W5110 TS AT HM I Other COMPUANCS ❑ LAKE ❑ iNmuvrr Shipptdbr.nu to lap 8Mfi1tOE7rCY r7 ESTUARY Lab Number: Dalt: Rccclvc4: } 09 Tlmc: 116-11(1 FLec'd b : Front: Bus-CDuiier-fland MI. DATA ENTRY BY: CK: ` DATF REPORTED: Coo 1x-fT,RLk 1�IEtY C wti .� _ M44mattsl U00 R-RE:0 S/S-7S/25 4314a 1J0 orlog pi'm S_T_ AT10H LOCATION: ��� �, AOCIiL -a /rye of S: t lie" Seed: Yes0N*C1 tJalrflnutd: Va❑Na❑- �=MhRKS: iiti'a'°� �„/'lS'k"L� lylyda•^Y^ s"ti �7l"`�,�z'2]''k^S7."`.^_�J ?V�r�'"✓ - _ - PW 12, 3� � $ _C�� �L� R ov 31 L T 9 AC � CNXX I QU5 310 mYrL 2 !- CUD 114h 340 rtg%L 3 __.. D Law 335 mg/L 4 ColHutm' MF Fecal 316M FIOOm! S CallfotacMFTora1J1501 11004 6 Colirurac Tube Nat) 31613 1"Coml 7 CallAwm Feat Steep 31673 110Nat & RuMueTotal 500 rrK/r. P' VOW%- $03 rng/I S1i MAW 310 mom, Rnldue:9uWprvhd SJO tap/t, 13 Vulstila333 tpglL I] Plaed MO mi/L 14 pit 40) anR3 13 Acidity b plf 4.5 436 ma1L 16 Acidly 1a pit M 435 mgA. 17 Alialinity 10 pii 1.3115 mgr4 18 fAlimlivillyla pH 4.5 410 1I1�1L 19 ITOC680 m82L 10 TwliWlty76 HTU C31kxide 940 mgn. W a 70953 ppJL _ Cb101: Tnrc 10 14-Co CeSOr:(pll ) 1.) Avoid Cv3or:pN7,582- AW41 Cyoni&..720 mg/l, Flwmkta 93 i mall. Fm+. ddehyda?1990 mgfL attaa end 0111 S5& -91L lhr4rtetaTofal960 rrtgtl Specific Cood. 95 MBAS 132W mill, phtwla i3730 1101 Sulfate 945 mCfL SulCda 745 mIfL NHJ at N 610 mill, TY.N et N 625 .—_ ..... malL 002_pint N0J as N 610 myR. P; Total m p 665 MIX P 34 at P G65 P: Md.I J is P 666 I i*L Cd.Cadmlam 1(m ytg1L Cr-ChMMi mjOlaf 1014 111/I. (A Copps 1041 �_~ Ni-k-mkrl 1667 It�l. rlrls3d IOSt pptL Zn•71tw 1092 pa/L Aa•5ilv" 1077 pg+L A4Mumlrwm 1105 pa1L Hc•Btrytllunt 1012 1'vrL Cs -Calcium 916 mr/L Co•Coh.h 1037pin- rt.ltan 1045 P9A- Li.l,i{hlum 1132 S�FR• Mg -Magnesium 927 mgrl hlo-hiaWrma I053 1�tS2 Na-Sodlum 9)9 mrtrL Ammk:Totst (002 pill. Se-Sa teniom I t47 p 1Y L NI•McwOry 71900 pRR- Otlp> hluri=P,3o0am Orlt►�tuphaptrtnta PcNirldn A.W Iltiblekka UmeNeulral rattsdable Orpnk1 Acid £etraetahle Orpnief Ptaacnbk at 1palm (VOA bolt lereq•d) - --�----•- Phytopludmn ., . Lob We Onir ri ` Temperalutc ott arrival: fsanvifis 1'oin1K Canalucrattc d 23"C SV01�Tengasnae'C _ O.O,m il �i Aika k Ae h AkT'tmperalaa'C .11 1.3 P11.4.5 II 4.5 pI- 4 0 300 4110 12244 431 37243 11342 0. Sa: nlly 7Lt Placlpkalian (itddey) Claud Cover ys Wind vuectiva tuclo Stream Flow ScrCrity Turbi+lity Saretity . Wind Vclocliy Sty+ Stsevm Depth A. Strum Wkoh M 10 5 12 6-.' . 1J31 135o 35 64 4 NC DENRIDWQ Laboratory's Sample Anomaly Report (SAR) I Lab Number: I AB39101 Sample ID: B Report To: WaRO Priority: Compliance Sample Type: other Collector: E. Newsome Region: WaRO Station Location: Donnie Pender Farm - source County Wa e Dateltime collected: 12/31/08 1:13PM Date/Gme Recd 12131/08 4:16 PM Dateltime analyzed: 112105 10:00 AM Affected Parameter(s): - Analytical Area: 1NaRO tabt' The following anomalies occurred (Check. all that apply): FJSampies (Enter "x" in all applicable boxes) improper container used VOA vials with headspace Sulfide samples with headspace Samples not received, but listed on fieldsheet Samples received, but not listed on fieldsheet Mislabeled as to tests, preservatives, etc. Holding time expired Prior to receipt in tab After receipt in tab Insufficient quantity for analysis Sample exhibits gross non -homogeneity Sample not chemically preserved pro erl pH out of range - Record pH Improper chemical Residual chlorine present in sample Color interference Heavy emulsion formed during extraction Sample bottle broken in lab - no reportable results Other ispecio. Comments: €videnbi of TOXI Quality Control (Enter Y in all applicable boxes) Instrument failure — no reportable results Analyst error — no reportable results Sun ates None added Recovery outside acceptance limits Spike recovery BNone added Recovery outside acceptance limits Failed to meet criteria for precision Internal standards Blank contamination QC data reported outside of controls (e.g., GCS, LCSy Incorrect or non compliant procedure used SOP intentionalty modified with QA and Branch Head approval nInvalid instrument calibration Elevated detection limits due to, (See below.) esulmaten value _ 4._..._ __ r.. . - Corrective Action: NOnE' _ y - Y S Data cluatifiers used: ;See Qualifier Codes on web ® htt://h2o.enr.state,ne.usllablindex.him G4-Evtderice of toxicity was presentSThists gerleially dha_radie' , by aislgnant in, cr+tiase tit ills 130Q value as the __. Aential md.should be. Notification required? X Yes No Person contacted EncNewsome Date 1r2612g139 . Form completed by, Mark A Starr Date: 1/26/2009 Lead Chemi_bvsupervisors Review (inniitials)- F-]BIOCHEtv1 FRE7ALS_.F - Peso OA D VOA Other --•---------- Branch Head i oview (initial): QAJQC Review (in- 'aq: Bogged into database by (initial) : ? County: WAYNE Sample ID: A839100 River Basin �pF W�►7Rp PO Number # W0801067 Report To WAROAP �O Date Received: 11213112008 `n r Time Received: 16:16 Collector: E NEWSOME 0 Y Labworks LoginlD MSTARR Region: WARO Date Reported: 1/29109 Sample Matrix: Surfacewate► Loc. Type: RIVERISTREAM Report Generated: 01/29/2009 Emergency Yes/No COC Yes/No YES VisitlD Q k)q Loc. Descr.: 96-DPA UUU J1 I rI Location ID: 96-DPA Collect Date: 1213112008 Collect Time:: ' 13:00 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org'under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL 84-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated POL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated BA -Filters have counts of both >60 or 80 and < 20; Estimated 01-Holding time exceeded prior to receipt at lab. 02- Holding time exceeded following receipt by lab BS-Too many colonies were present; too numerous to count (TNTC) pQL_ practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this compound but not detected X1- Sample not analyzed for this compound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated `— - m " ^' "'""'""j I"�" "" " "�—.• N1-The component has been tentatively identified based on mass spectral library search and has an estimated value 'I "`l� 1, CJ _ 41J / L I� .t FEB - 4 2009 rJ WARo _: 4 .LOFFICE Laboratory Section>> 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 agea4-of 2-,... XC DWQ Laboratory Section r1�esufts sample ID A839100 Location ID: 96-DPA Collect Date: 1213112008 Loc. Descr.: 96-DPA Collect Time:: 13:00 Visit ID GA5 # Analyte Name PQt Result Qualifier Units AnalysOate Approved By /Date Sample temperature at receipt by lab 2.1 T MSTARR HPARKER Method Reference 12/31108 115109 BOD, 5-Day In liquid 2.0 140 G4 mglL MSTARR ESTAFFORD Method Reference APHA5210B 112109 1126109 ColMorm, MF Fecal In liquid 1 4800 CFUI100ml MSTARR ESTAFFORD Method Reference APHA9222D-20th 12131/08 1113/09 Laboratory Section>> 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733.3908 Page 2 of 2 1j V. DIVISION OIL WATER QUALITY WATER QUALMY MELD+LAB rpRm (i Nf Q COMM ya t M(3$ Tl SAA1ft.li3]1'1: /-1 IUVF-R AASIN 4,y W _ r�I REPORTTO:AAUFMtlMR0RRO W.RO WGtO WSI:OTs —t-� AMIgCNT S'fRtiwM [� GrmUr:NT AT BM 2/Ci)MPIJANCC C3 I.AK]s ❑ tNFLL1rNT qa= ShipPcdip^& (f dQv_. ram_/ Cl E}AGRW:NI`Y G I?57'UARY CCTI.I,CCL( Rfl 'e '5, Oolwekd HOD iv Ole; or 100p1u4 y SPA71tlH LpCATIDk � n��Z- +� ��rn >"r• 1 Ser.k Yt*0 N0 0 Cblain4laf: YerO Na❑ Cidorkk 940 ml C>tl � TO➢S3 pill. Cblurs True 80 lid o Colorgpli ) 11 ADMI [a", H ?A 12 AAMI Cjvnidc 720 m&A. Fluoride 911 me& P-ormald4hyrk 7 t810 m1/L r3re444 WJ OR$ $56 tn11L Ihni t Taw M Spank Card, 95 MIIAS A260 -91L Phenrdt 37710 pp/l. 5u11Mf4 94S m#L 5ulfkk 745 In1/1 r... 1 .A ii nFt! V Lab Humbep vjo250 t Ll 17a�c Rixci�sd: � � Tlta��� Itce'd bb : Ram: Bus-Courier-fland Dcl. DATA EN'PRY Y; CK: DATE RP.POR'TBD: NIC u N 510 4 mllL TrJ4 44 N 023 - mlfL NU} phu NO3 u N 630 meA. 1- 3 o1a1 n P 661 mlr7. PU4 a r 665 mrjL P: C)hwlvad p P 666 m&X Cd-C4dmivm 1021 Pyl. CF.Chmnuum:Tole l 1014 p WL I.Ell-CO at 1041 Is NI•Nkk4!11061 uo{l, P6.1xid 10$I pp'i. Zn•75% I W-1 II r"L AI-Silier 1017 pet At -Aluminum I10S $owl• Be-1krylllunl1012 is . C4•C4kium916 mp4. Ce-Cob4p 3037 pp7L re-Irm 104$ peL :! . r We-.*) CLI.Nhinm 1137 _ ppT- LIZ-hSrlrortium 911 m1IL Mn•Manpnere 103$ pdL N4.Sodhtm 979 m1ll, Ant4kTgnl 1001M psi. 9e—sRk-duee 1147' oan- HI•M.Mury 719M Ng11• Orppmehlorine rcrrkidn Orpnophcdphurw rntkidn Adid Huhic7lar paibl4tulal Eerroeubk Orsanlcl - Acid CACFTrUblcthP0ICc Pwra0lc Orlenicv (VOA bo(le mg'd) b f Q Te ernlureonertiral: r n Painl % CbWocumc 41 23T W4kr 7'an tUM O.O. met. off Allul_k d0v di8-3pi14.5 71145 P111.3 2 4 0 3w 400 11744 431 U4 12242 0 Salinity K. 11eeip641ion(ilvd4y) Ond Covor74 Mad 044tt on (Del) Sitcom M; Sercrliy Tarb3dily 5owiiy tVfnd Ye Iq ldr4n Srrmem DePih pp. $beam Witilh fL 10 S 2 1331 1350 3S 64 4 t ..r NC DENRIDWQ Laboratory's Sample Anomaly Report (SAR) Lab Number: I A839100 S<,mple ID: A Report To: WaRO Priority* Sample Type: other Collector: E. Newsome Region: Station Location: Donnie Pender Fenn - upstrream Gounty Dateltime collected: 12/31108 1:00PM Dateltime Re_c'd 12131108 4:16 PM Dateltime analyzed' Affected Parameter(s): 0 D .-�- - tx Analytical Area: 1NaR0 Lab - The following anomalies occurred ;Check all that apply): ........................................ Samples (Enter "x" in all app5cable boxes) Improper container used VOA vials with headspace Sulfide samples with head- -race Samples not received, but ::sled on fieldsheet Samples received, but not :sled on fieldsheet t•Aislatioled as to tests, pre:-r:rvalives, etc - Holding time expired 3gPrior to receipt in lab fter receipt in lab Insufficient quantity for arw c-sis Sample exhibits gross non :omogeneity Sample not chemically pre raved properl pH out of range - Rece -I pH -►� Improper chemical Residual chlorine present ri sample Color interference Heavy emulsion formed du!;ng extraction Sampje bottle broken in la - no reportable results X';+ Other(,pecifv EVIDENCE Toxidtypiesentrn58mple Comments: Adence.of "i OXICITY iresc-tit In Sample :Thts in ifi BQD vGaue_as the san--le Concentra�tlol� e ighest dllutlorl represent ng the maxtmur lc oWated_ .alL,l=_ Y ; Corrective Action: done J. a Data nuatiftem used. ;See Qualifit odes on web @ G4-E1ri:Jerice of l,,xicily was piesc hls +s genei sampl•- concernraiicrl decreases ie reported matoadtng �atential zriti.should-be cr td6 'an est Compliance WaRO Wayne IM09 10:00 AM Quality Control (Enter "x" in all applicable boxes) Instrument failure — no reportable results Analyst error— no reportable results S rroclates None added Recovery outside acceptance limits Spike recovery BNone added Recovery outside acceptance limits Failed to meet criteria for precision Internal standards Blank contamination QC data reported outside of contf-ols (e.g., QCS, LCS) Incorrect or non compliant procedure used SOP intentionally modified with QA and Branch Head approval Invalid instrument calibration Elevated detection limits due to: (See bei'ow.) ih2o.enr.state.nc. usAabrindex.htm rid by a;stgnl , nt ihcretase to the BOD value: as #he•= ated cram he hlghestdihldon cepresti�ng the maximum:. Notificalic:n Rc-,; :red? FlYe: E]No Person contacted_ Eric Ne-wTsame -Date 112G/2t708. . ' Form -:::mp` ic: _: .;t: Ivt_ A Starr Date' 112------ $ Lead Choiristlwuj crvisq s Reveev iiti ): L..JBt�;;tlEPa I:IETALS PEST ........ aSVOA........ ❑ VOA .......E Other ................ Branch lead Re:=i::.v (initial): 61U QA)0C Review (init 1); S Logged into database by (initial) : 1__ �tr 2 (L DM Laboyatoa ,S'ection 12esults County: WAYNE Sample ID: A839102 River Basin �e V1Arp, PO Number# W0801069 Report To WAROAP Q Gy Date Received: 12/3112008 �_ Time Received: . 16:16 Collector: E NEWSOME -i Labworks LoginlD MSTARR Region: WARD Data Reported: 1129I09 Sample Matrix: Surfacewater Loc. Type' RIVERISTREAM Report Generated: 0f12912009 Emergency Yes/No COC YeslNo YES MOO ��/^�•• ('� 1 Loc. Descr.: 96-DPC 0 P e � t Location ID: 96-DPC Collect Date: 1213112008 Collect Time:: 13:27 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations BI-Countable membranes with <20 colonies; Estimated 132- Counts from all filters were zero. B3- Countable membranes with more than 60 or 80 colonies;- Estimated B4-Filters have counts of both >60 or 80 and < 20; Estimated BS-Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated N1-The component has been tentatively identified based on mass spectral library search and has an estimated value WARO N3-Estimated concentration is < PQL and >MDL NE -No established PQL P-Elevated PQL due to matrix interference and/or sample dilution 01-Holding time exceeded prior to receipt at lab, Q2- Holding time exceeded following receipt by lab PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity U- Samples analyzed for this compound but not detected X1- Sample not analyzed for this compound Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 D) W E` FEB - 4 2009 L•-Page.l.nf.2._- Inr ^ J: u i" L OFFICE Location ID. 96-DPC Loc. Descr.: 96-DPC Visit ID M 1DWQ Laboratory Section Results Sample 10 AB39102 Collect Date: 1213112008 Collect Time:: 13:27 GAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By !Date Sample temperature at receipt by lab 2.1 °C MSTARR HPARKER Method Reference 12/31108 115109 BOD, 5-Day In liquid 2.0 270 G4 mg[L MSTARR ESTAFFORD Method Reference APHA5210B 1009 1126109 Conform, MF Fecal In liquid 1 2000 CFU/100ml MSTARR ESTAFFORD Method Reference APHA9222D-201h 12/31108 1/13109 1'i Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 Page 2 of 2 DIVISION OVWATrRQ(lAL[7Y WATER QUAU*ry"nr D-L.A0FORM(I)MI)• rprl.tbUwONLY oc7uNry /V Rfttma 1AMl!V-TYi% C i[IYUR11A5IN ❑ AMI1t13/t' SrirGAM t1 %IROE-'1FT 9t;M T IV: ARO FAO MRO RRO W%RO VAHO WS(kClTS ATI M — olfPLIANCIS ❑ LARL' ❑ INFI,Uk NT adrcr } Sfilppcd47: Mi r, ��t IeM[Rt11'NGY CSYUARY W-1ad000R.ope:0-VS-)5aJ-o14a-130or'Knplus --- 9TAMNLOCA_T10N: j/eAAj-C— —} Seed: Ym❑No❑ CLkeMers& Ya❑[4e❑ II t�L'AAKS: M• riii�t ai _Ar 4- SNrine A Dols rH01p fM l) Time ISegio beu 1 2 3 —4 J 6 7 IN 9 !0 CMwi& 940 I1t)1 .110 "%rL ('00lligh340 �— mall, CALa70!153 L Law 3)3 mg11. r �— Col1f.1AFF.wt J1616 /l0thal Colirpira: NIFTO-131*4 W IIo0m1 C.1a: True 80 —� Cb[iratac'fube ptn171613 IIOOmI Cobrtldl ) 03 C`n IK.,m: I'm.] Shgs 31673 /1410mi C Awvl1 7.6 42 11,31drw: Told S00 f"gtL Cyonku 124 vol W. $05 tr*L 11—id. 931 Fixed 510 Ma/L f wvmldellyds I 18 90 ] I 12 Ir 14 is 16 I7 ig �t9 20 — lz kld—: Saq n&d 310 =WL Y — tlreste tad OIh 5S6 Yohllkc 333 ma/L Ilerdosal 1'oW OW �T �— Fixed$40 ma/L — SPMI(IcCord,93 ^— pll 403 Y unite MUA.S 302M _ Ackl+ly to Pri 4.5 4] 5 rhyL Plm ph )2710 — Acidity m pil a-34J5 Mari, Sulrota 945 Alksitnkylppit 8.3A15 mgri, Sulrrde7435 — AIk4lioky(ppi14.5410 TOC $80 mall. Tu6ldlly16 NTO Lab Number: ( W Q Q V C7 Dale Recelmd: 0 a Tinie: Rec'd b : DATA ENTRY BY: from; Bus-Courier-1 land Dcl. CKS DATF. REPORTED: 2WNC 3ry Oeprh OA! D13 Di1M V4hwT)r+ (:ogMh. 5sepFo?'ype 1 T" I' A It L T S 9 C O CrNXX man. _ :llll n N610 ~^ mY/L U-1,0dum I Ill vWt PEh. TKN n N 625 teg/1. 1611.0,4 Ium977 mya. ^_ N401 plat NO3 n N 630 Ma/L M"*ftgaone tol$ _.. pall. Pt Teta1 ae r Mi mall, ?#*,Sal .929 mO L PI-Cn P54 n P 665 Mtn. Aneolc:Twsl 1002 Psa. AP1,11 P:IfiitpiKdn P666 mgA. Se.9eln ,nn 1147 14L AtSMI IIE_Memo7 119M Ps(L --- - rngJL C*4,c dmium 1027 POOL [hrenrhlarint Pef1lckhi mgaL 0-Chrom6m:Toa11014 PVL l7raeegthmp6Mtst f4eflrldet rnO'1, CU•Clmper 1012 P`I[. �. MOIL dF'HwAel 1067 pVL Acki IitAkldei _ MOIL. ml .d loll PWL Za-Zinc 1092 OWL- ossdNeyuvt WrombleOrpn ki Ackl Q t m%ble 0rea.i mgll• F'urgn@IeL`lgoniearv()t �.'i^ L_.... i e_i1 L ti L � � »•� =..,. i r c' r :,'.. cn mg(L Al-Alamlmrm 1105 i Sl. mg'L lic-13crylllumLOLL CwColrk 107.' —.—.._ L Fc-taw 1045 ' d r r Sal th Pp+N 7k "Ce of 23V Worec TcMpMtWvc a,U, -WL 1PH _....,�. A2kelki T~�._.....•^ 41U y:iA. I O 300 407 57244 431 Slreem Fla. ; sve:l4 � 7ul4Aitl'o et j 541ir1ily %. Ptselpkaiion Eidd.y) C1ao! Corer 3i wo oi",Zo (NO) d0 As 12 36 1351 I IN NC DENR/DWQ Laboratory's Sample Anomaly Report (SAR) Lab Number. I AB39102 Sample ID-. B Report To: WaRO Prionly: Sample Type' other Collector: E. Newsome Region_ Station Location: Donnie Pander Farm - down stream County Dateltime Collected: 12/31108 1:27PM Dateltime Reed 12131108 4:16 PM Dateltime analyzed: Affected Parameter(s):GD .%............ Analytical Area: VYaRO€ab _ - - ..................................... The #ollowinq anomalies occurred (Check all that apply): Samples (Enter "x" in all applicable boxes) El Improper container used VOA vials with headspace Sulfide samples with headspace Samples not received- tKit listed on fieldsheet Samples received, but not listed on fieldsheet Misiabelcd as to tests, preservatives, etc. Molding time expired Prior to receipt in lab After receipt in lab Insufficient quantity for analysis Sample exhibits gross non -homogeneity Sample not chemically preserved propel pH nut of range - Record PH ♦� lmprooer chemical Residual chlorine present in sample Color inteJerence Heavy emulsion formed during extraction Sample t cIlle broken in lab - no reportable results Comments: TOM 112109 10:00 AM I Quality Control (Enter "x" in all applicable boxes) Instrument failure — no reportable results Analyst error — no reportable results Surrogates UNone added Recovery outside acceptance limits Spike recovery BNone added Recovery outside acceptance limits Failed to meet criteria far precision Intemai standards Slank contamination QCdata reported outside of controls te.g-, QCS, LCS) Incorrect or non compliant procedure used SOP intentionally modified with CIA and Branch bead approval l valid instrument calibration evated detection limits due to: (See belorv_1 he highest dlluf;�n r�ptesentfn the maunmt�rnf�fladin pofen6al and should !3 constdered an , estimated va{ur>. a ,, Corrective ACtiov: Data qualifiers u ::'d: (see QuWler Co-3e5 an web @ htt :11h2o.enr, state. nc.usllablindex_htm 134 f=vltience of to: sty, vvas'present.'-This is 066raoy charactet9zed by a stghificant tnt;reaseati the BOD value as the' sample cone ntr _ n decfeases. The reported value es cculatecl from hs highest dtlrlttion reRrrSentrng the rnaxlmum;.. loading potenbal.should be c^risider6d an estimated --value Notification i2�qi: ::? A Ycs �No Person contacted EricNevr§ome Date 112G112ti09 Form carr;.ly; i PY4: -k A Swrr Date. 1126 204g Lead Chcrnist+Suit:: .isor's Reviv- !initials): 0810CMERI METAL; n PEST -- -- aA Q VOA Other - Branch Head Revir:: :ni6aq' QAJGC Review ( itiat}_ gged into database by (initial) - -... tf� )? QF WA TF9 Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources 0 _ Y Coleen H_ Sullins, Director Division of Water Quality AQUIFER PROTECTION SECTION January 12, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7007 0220 0003 1480 6576 Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Road Goldsboro, North Carolina 27530 RE: Notice of Violation 1 Notice of Recommendation for Enforcement NOV-2009-PC-0019 Donnie Peedin Farm Facility Number 96-5 Permit Certificate of Coverage No. AWS960005 Wayne County Dear Ms. Peedin: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns violation of conditions in your Swine Waste Management System General Permit, Certified Animal Waste Management Plan (CAWMP) and North Carolina Administrative Code Subchapter 15A NCAC 2T Section .1300. The referenced facility, the Donnie Peedin Farm, is located on Stevens Mill Road (SR- 1008) in Wayne County, North Carolina. On December 31, 2008 at 8:00 A.M., the North Carolina Division of Water Quality (DWQ) received a complaint of wastewater having been over -applied to cropland, which is inconsistent with the practices outlined in your Confined Animal Waste Management Plan (CAWMP). On December 31, 2008 Eric Newsome of the DWQ investigated and determined that ponding seen on your oats crop (field #8, 4.05 acres) was the result of excessive spray irrigation from December 3.0, 2008. Further, IRR-2 information supplied by your operator indicates that the observed ponding remained twenty- four hours after the recorded events began —consistent with the permit definition of "excessive ponding". During the inspection date of December 31, 2008 there were no precipitation events to have contributed to the localized areas of ponding on field #8. Based on the findings, violations were identified related to the December 30, 2008 irrigation events. North Carolina Division of Water Quality Internet: www.ncwater uali .or One 943 Washington Square Mall Phone (252) 946-6481 NorthCarohna Washington, NC 27889 Fax (252) 975-3716 Naturally An Equal OpportunitylAffinnative Action Employer - 50% Recyded110% Post Consumer Paper Ms. Gwendolyn H. Peedin January 12, 2009 Donnie Peedin Farm Page 2 of 3 In addition, the December 31, 2008 DWQ investigation revealed that a ponded area of waste water was thirteen (13) feet from the headwaters of Falling Creek. A discharge to waters of the State is attributed to improper irrigation within the standard 25' buffer and to wind drift. The specific violations are as follows: Violation 1. Permit Condition. I, number 1- An unauthorized discharge or waste application occurred since irrigation wastewater was allowed to reach surface waters via runoff and/or drift. "Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, -drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters" Violation 2. Permit Condition II, number 4- Ponding was present at the time of inspection. "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. In no case -shall land application rates result in excessive Ponding or any runoff during any given application event" Violation 3. Permit Condition II, number 20- Your CAWMP (signed December 1, 1999) indicates that swine waste facilities other than those sited on or after October 1, 1995 shall not apply waste closer than 25 feet to perennial waters (see Standard 393—Filter Strips). Waste water was seen 13 feet from the headwaters_ of Falling Creek. "The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas". Violation 4. Permit Condition lll, number 13a- states that the Permittee shall report by telephone to the Division Regional Office no later than twenty-four (24) hours following first knowledge of "over applying waste either in excess of the limits set out in the CAWMP or where -runoff enters surface waters or wetlands". Condition Il, number 13 further states the Permittee shall also file a written report to the appropriate Division Regional Office within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The subject incident was not reported to the Washington Regional Office. iV Es. Gwendolyn H. Peedin . January 12, 2009 Donnie Peedin Farm Page 3 of 3 - On January 12, 2009 this office received a written response explaining circumstances surrounding the December 30, 2008 irrigation events. Should you wish to comment further on this matter, please provide this office with a written explanation of the violations within 10 working days after receipt of this Notice to: Mr. David May Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that any violation of the terms and conditions specified in your Certificate of Coverage (COC), the General Permit or the CAWMP may result in the revocation of your COC, or penalties in accordance with the North Carolina General Stature 143-215.6A through 143-215.6C including civil penalties, criminal penalties and injunctive relief. If you have any questions concerning this matter, please contact me at 252-948-3939, or Eric Newsome at 252-948-3942. Sincerely, David May Aquifer Protection Regional Supervisor Washington Regional Office Cc: Charlotte Jenkins, Wayne County Soil and Water Conservation District Randy Barefoot, Prestage Farms NCDSWC WaRO Aquifer Protection Animal Central Files WWRO Compliance Animal Files VbIEN Files WAIncident Report Report Number: 200900089 Incident Type: Complaint On -Site Contact: Category: APS - Animal First/Mid/Last Name: Eddie Rowe Incident Started: 12/31/2008 Company Name: County: Wayne Phone: City: Goldsboro Pager/Mobile Phone: 1 (919)921-0346 Farm #: 96-5 Responsible Party: Reported By: Owner. First/Mid/Last Name: Permit: AWS960005 Company Name: Facility: Donnie Peedin Farm Address: First Name: Gwendolyn Middle Name: Peedin City/State/Zip: Last Name: Anderson Phone: Address 1672 Old Smithfield Rd Pager/Mobile Phone: / CitylState/Zip: Goldsboro NO 27530 Phone: Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable City. kgs. DD:MM:SS Decimal Position Method: Map interp by digital or man.extraction Latitude: +35°20'05" 35.334700 Position Accuracy: Nearest 10 Seconds Longitude:--78°-9.2T-78.158000 Position Datum: Unknown Location Of Incident: Donnie Peedin Farm Address: 3555 Stevens Mill Rd City/State/Zip Goldsboro NC 27530 Report Created 01/12/09 02:41 PM Page I Cause/Observation: Several ponded areas were discovered upon inspection of the ryegrass pull that straddles fields 3(4.25 Ac) and 4 (26.77 Ac), as labeled in the most recently filed Waste Utilization Plan. Photos taken show ponded ruts consistent with marks that would be left from a irrigation gun and cart system. Also, photos evidence what was counted as five more ponded areas west of the nits; the ponded area furthest west along the pull was walked off as being 13' from the surface water of a tributary to Falling Creek. Grab samples taken for fecal coliform, BOD, Nitrogen, and Phosphorus from the tributary all revealed levels well above the detectable limits; the typical surface water standard for fecal coliform in class C waters (200l100ml) was exceeded in all three sampling locations. Furthermore, a the tributary had a dark, turbid appearance consistent with lagoon waste from a feeder to finish operation. Action Taken: A Notice of Violation/Notice of Recommendation to Enforce is being prepared by the WaRO against the Donnie Peedin Farm, Incident Questions: Did the Material reach the Surface Water? Yes Surface Water Name? Falfing Creek Did the Spill result in a Fish Kill? No If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : No Directions: From the WaRO, take 264 West to Hwy 117 South into Goldsboro. At the junction of 117S and Hwy 581 (Ash Street) turn right. Head west on Ash St beyond Cherry Hospital and drive another 6 miles farm path is on the left after you pass Ferry Bridge Rd (SR-1224). Comments: It is the conclusion that a waste irrigation event on 30 Dec 2008 was improperly performed such that the agronomic rate for the ryegrass was exceeded and water ponded on the field. Furthermore, visual and chemical analyses indicate that wastewater irrigation entered surface waters of the State, in violation of the State Non -Discharge permit requirements. A phone conversation 31 Dec 2008 with operator Eddie Rowe revealed that an irrigation event occurred on 30 Dec 2008, around lunchtime in an effort to water the crop in advance of weekend storms. Since Mr. Rowe indicated he was out of town on the date of this investigation, Mr. Rowe was asked by Mr. Newsome to fax records of the farrrti s IRR112 forms, rainfall and freeboard records for the last two weeks to the WaRO. A follow up call to Mr. Rowe was made 8 Jan 2009 by Mr. Newsome to again request these records, as no fax had been received since the 31 Dec 2008 request. Mr. Rowe declared that he would indeed fax the items to Mr. Newsome by Sunday, Jan 11 2009. Conveyance: Other Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Report Created 01l12109 02:41 PM Page 2 Event Type Event Date Due Date Comment Requested Additional Information Incident closed 2009-01-12 12:00:00 Report Entered 2009-01-08 08:49:00 Referred to Regional Office - Primary Contact 2008-12-31 08:30:00 Incident Start 2008-12-31 08:00:00 Report Received 2008-12-31 08:00:00. Standard Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date. Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: David L , May Eric Newsome Eric Newsome Phone: DatefTime: 2008-12-31 08:00:00 AM 2009-01-08 08:49:00 PM 2008-12-31 08:30:00 AM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 01/12/09 02:41 PM Page 3 Photorecord x 4—Farm 96_005 Page 1 of 1 c, Beverly Eaves Perdue, Governor o�aF w a rF9pc Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality AQUIFER PROTECTION SECTION January 12, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7007 0220 0003 1480 6576 Ms. Gwendolyn H. Peedin Donnie Peedin Farm 1672 Old Smithfield Road Goldsboro, North Carolina 27530 RE: Notice of Violation / Notice of Recommendation for Enforcement NOV-2009-PC-0019 Donnie Peedin Farm Facility Number 96-5 Permit. Certificate of Coverage No. AWS960005 Wayne County Dear Ms. Peedin: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns violation of conditions in your Swine Waste Management System General Permit, Certified Animal Waste Management, Plan (CAWMP) and North Carolina Administrative Code Subchapter 15A NCAC 2T Section .1300. The referenced facility, the Donnie Peedin Farm, is located on Stevens Mill Road.(SR- 1008). in Wayne County, North Carolina. On December 31, 2008 at 8:00 A.M., the North Carolina Division of Water Quality (DWQ) received a complaint of wastewater having been over -applied to cropland, which is inconsistent with the practices outlined in your Confined Animal Waste Management Plan (CAWMP). On December 31, 2008 Eric Newsome of the DWQ investigated and determined that ponding seen on your oats crop (field #8, 4.05 acres) was the result of excessive spray irrigation from December 30, 2008. Further, IRR-2 information supplied by your operator indicates that the observed ponding remained twenty- four hours after the recorded events began --consistent with the permit definition of "excessive ponding". During the inspection date of December 31, 2008 there were no precipitation events to have contributed to the localized areas of ponding on field #8. Based on the findings, violations were identified related to the December 30, 2008 irrigation events. North Carolina Division of Water Quality Internet; www.newaterguality.ori One 943 Washington Square Mail Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 975-3716 Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper 7 Ms. Gwendolyn H. Peedin January 12, 2009 Donnie Peedin Farm Page 2 of 3 In addition, the December 31, 2008 DWQ investigation revealed that a ponded area of waste water was thirteen (13) feet from the headwaters of Falling Creek. A discharge to waters of the State is attributed to improper irrigation within the standard 25' buffer and to wind drift. The specific violations are as follows: Violation 1. Permit Condition I, number 1- An unauthorized discharge or waste application occurred since irrigation wastewater was allowed to reach surface waters via runoff and/or drift. "Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, -drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters" Violation 2. Permit Condition 11, number 4- Ponding was present at the time of inspection. "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. In no case -shag land application rates result in excessive Ponding or any runoff during any given application event'. Violation 3. Permit Condition 11, number 20- Your CAWMP (signed December 1, 1999) indicates that swine waste facilities other than those sited on or after October 1, 1995 shall not apply waste closer than 25 feet to perennial waters (see Standard 393—Filter Strips). Waste water was seen 13 feet from the headwaters of Falling Creek. "The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage'areas and land application areas". Violation 4. Permit Condition 111, number 13a- states that the Permittee shall report by telephone to the Division Regional Office no later than twenty-four (24) hours following first knowledge of "over applying waste either in excess of the limits set. out in the CAWMP or where -runoff enters surface waters or wetlands". Condition II, number 13 further states the Permittee shall also file a written report to the appropriate Division Regional Office within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The subject incident was not reported to the Washington Regional Office. 0 Ms. Gwendolyn H. Peedin January 12, 2009 Donnie Peedin Farm Page 3of3 On January 12, 2009 this office received a written response explaining circumstances surrounding the December 30, 2008 irrigation events. Should you wish to comment further on this matter, please provide this office with a written explanation of the violations within 10 working days after receipt of this Notice to: Mr. David May Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 Your explanation will be reviewed and if an enforcement action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that any violation of the terms and conditions specified in your Certificate of Coverage (COC), the General Permit or the CAWMP may result in the revocation of your COC, or penalties in accordance with the North Carolina General Stature 143-215.6A through 143-215.6C including civil penalties, criminal penalties and injunctive relief. If you have any questions concerning this matter, please contact me at 252-948-3939, or Eric Newsome at 252-948-3942. Sincerely, /NNr �JA'4_ VV v David May Aquifer Protection Regional Supervisor Washington Regional Office . Cc: Charlotte Jenkins, Wayne County Soil and Water Conservation District Randy Barefoot, Prestage Farms NCDSWC-WaRO Aqwifer Protection Animal Central Files %XaRO Compliance Animal Files MEN Files �O�o�, INA7R$pG a Incident Report Report Number: 200900089 Incident Type: Complaint On -Site Contact: Category: APS - Animal First/Mid/Last Name: Eddie Rowe Incident Started: 12/31/2008 Company Name: County: Wayne Phone: City: Goldsboro PagerlMobile Phone: / (919)921-0346 Farm #: 96-5 Responsible Party: Reported By: Owner: First/Mid/Last Name: Permit: AWS960005 Company Name: Facility: Donnie Peedin Farm Address: First Name: Gwendolyn Middle Name: Peedin City/State/Zip: Last Name: Anderson Phone: Address 1672 Old Smithfield Rd Pager/Mobile Phone: ! City/State/Zip: Goldsboro NC 27530 Phone: Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. DD:MM:SS Decimal Position Method: Map interp by digital or man.extraction Latitude: +35°20'05" 35,334700 Position Accuracy: Nearest 10 Seconds Longitude:—78°-9'29"-78.158000 Position Datum: Unknown Location of Incident: Donnie Peedin Farm Address: 3555 Stevens Mill Rd City/State/Zip Goldsboro NC 27530 Report Created 01/12/09 02:41 PM Page I Cause/Observation: Several ponded areas were discovered upon inspection of the ryegrass pull that straddles fields 3(4.25 Ac) and 4 (26,77 Ac), as labeled in the most recently filed Waste Utilization Plan. Photos taken show ponded ruts consistent with marks that would be left from a irrigation gun and cart system. Also, photos evidence what was counted as five more ponded areas west of the ruts; the ponded a rea furthest west along the pull was walked off as being 13' from the surface water of a tributary to Falling Creek. Grab samples taken for fecal coliform, BOD, Nitrogen, and Phosphorus from the tributary all revealed levels well above the detectable limits; the typical surface water standard for fecal coliform in class C waters (200/100ml) was exceeded in all three sampling locations. Furthermore, a the tributary had a dark, turbid appearance consistent with lagoon waste from a feeder to finish operation. Action Taken: A Notice of Violation/Notice of Recommendation to Enforce is being prepared by the WaRO against the Donnie Peedin Farm. Incident Questions: Did the Material reach the Surface Water? Yes Surface Water Name? Falling Creek Did the Spill result in --a Fish_IG P No -� � - If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Directions: From the WaRO, take 264 West to Hwy 117 South into Goldsboro. At the junction of 117S and Hwy 581 (Ash Street) turn right. Head west on Ash St beyond Cherry Hospital and drive another 6 miles fans path is on the left after you pass Ferry Bridge Rd (SR-1224). Comments: It is the conclusion that a waste irrigation event on 30 Dec 2008 was improperly performed such that the agronomic rate for the ryegrass was exceeded and water ponded on the field. Furthermore, visual and chemical analyses indicate that wastewater irrigation entered surface waters of the State, in violation of the State Non -Discharge permit requirements. A phone conversation 31 Dec 2008 with operator Eddie Rowe revealed that an irrigation event occurred on 30 Dec 2008, around lunchtime in an effort to water the crop in advance of weekend storms. Since Mr. Rowe indicated he was out of town on the date of this investigation, Mr. Rowe was asked by Mr. Newsome to fax records of the farm's IRR1/2 forms, rainfall and freeboard records for the last two weeks to the WaRO. A follow up call to Mr. Rowe was made 8 Jan 2009 by Mr. Newsome to again request these records, as no fax had been received since the 31 Dec 2008 request. Mr. Rowe declared that he would indeed fax the items to Mr. Newsome by Sunday, Jan 11 2009, Conveyance: Other Estimated Number of fish? (Above Ground or Under Ground) Water Supply Wells within 1500ft No Groundwater Impacted Unknown Report Created 01/12/09 02:41 PM Page 2 Event Type Event Date Due Date Requested Additional Information Incident closed 2009-01-12 12:00,00 Report Entered 2009-01-08 08:49:00 Referred to Regional Office - Primary Contact 2008-12-31 08:30:00 Incident Start 2008-12-31 08:00:00 Report Received 2008-12-31 08:00:00 Standard Agencies Notified: Agency Name Phone First Name M.I. Other Agencies Notified: Agency Name DWQ Information: Report Taken By: David L May Phone First Name M.I. Report Entered By: Eric Newsome Comment Last Name Contact Date Last Name Contact Date Regional Contact: Eric Newsome Phone: Daterfime: 2008-12-31 08:00:00 AM 2009-01-08 08:49:00 PM 2008-12-31 08:30:00 AM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 01/12/09 02:41 PM - Page 3 Photorecord x 4—Farm 96_005 Page 1 of 1 o�CF W AT_,Y1 r April 27, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED (7007 0220 0003 1486 1070) Gwendolyn H Peedin 1672 Old Smithfield Road Goldsboro, NC 27530 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Donnie Peedin Farm NPDES Permit No. NCA296005 Wayne County Dear Ms. Peedin: Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 11I.12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional -Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be. used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2006 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by May 1 W h, 2007 to the following address: Caroura!!7lina rat Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterguality.or¢ Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Ado Employer— 50% Recycled110% Post Consumer Paper Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (9t9) 715-6048 Customer Service: (877) 623-6748 April 27, 2007 Page 2 Gwendolyn Peedin Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May W. 2007. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. Please note that, if you recently requested future coverage under the State Swine Waste Management System General Permit or have already received coverage under the State Swine Waste Management System General Pernut in 2007, submittal of the 2006 Annual Certification Report is still required. If you have any questions regarding this letter, please do not hesitate to contact either our Washington Regional Office at 252-946-6481 or Miressa D. Garoma at (919) 715-6937. Sincerely, David May Aquifer Protection Regional Supervisor Washington Regional Office cc: Facility File 96-005 APS Central Files Prestige Farms Inc. Division of Soil and Water, Washington Regional Office Wayne Soil and Water Conservation District July 19, 2002 Ms. Gwen Peedin Donnie Peedin Farm 1672 Old Smithfield Road Goldsboro, North Carolina 27530 RE: Notice of Deficiency Animal Operation Compliance Review Donnie Peedin Farm Facility No. # 96-5 Wayne County Dear Ms. Peedin: 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 This letter is to notify you that facility # 96-5 is in violation of its CAWMP and North Carolina Administrative Code Subchapter 15A .0217. Ms_ Hardison from the Washington Regional Office of the Division of Water Quality conducted an onsite compliance review on June 6, 2002 at your facility in Wayne County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (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 violation was noted during the inspection. n The most current irrigation records were not available for review. After speaking to Eddie Rowe over the telephone, it was understood that he would mail the irrigation records to this office for review. To date, I have not received these records. The records must always be readily available for inspections. This office made an effort to work out an optional agreement to review the necessary records. The following deficiencies were noted and need to be addressed and improved: m The lagoon walls need to be addressed for the abundant weed growth. In accordance with condition II, item 10 of your General Permit, you are required to maintain a protective cover on all lagoon embankments (outside toe of embanlanent to maximum pumping elevation) and berms. Trees, shrubs and other woody vegetation shall not be allowed to Grow on the lagoon/waste storage pond embankment. Lagoon/waste storage Rand areas shall be accessible and vegetation shall be kept mowed. The weeds in the Bermuda fields need to be addressed In accordance with condition U, item 2 of your General Permit, a vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. It is advised to improve the facility's crop management practices, by removing the crop at the appropriate times, practice weed control, follow the lime recommendations from the soil analysis. If needed, contact your Area Agronomist for guidance. Please provide this office with the irrigation records from fall 2001 /winter 2002 to present date, every waste analysis since 8-15-2001 to present, every soil analysis from year 2000 and freeboard levels from August 2001 to present; and an explanation on how the weeds are or have been addressed on the dike wall and in the spray fields and any new practices/procedures that will be implemented onsite to prevent further violations within ten (10) working days from receipt of this Notice. Please be advised that if these violations/deficiencies continue and/or your response is not considered adequate, you will receive a Notice of Violation. 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fmx) ,q- —,- Cont. Page Two July 19, 2002 Donnie Peedin Farm # 96-5 It is very important as the owner and/or the Operator in Charge that the aforementioned violations/deficicncies and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 212, Lyn Hardison at ext.318. Sincerely, r Lyn B Hardison Environmental Specialist Cc: Wayne County Soil and Water Conservation District Prestage Farms Mike Regans, NCCES Donnie Wiggs, 701 Ebenezer Church Road, Goldsboro, NC 27530 NCDSWC-WaRO (w/out attachments) Non -Compliance Group (w/out attachments) DWQ Central Files ---WaRO Compliance Animal Files LBH Files Facility Number Date of Visit: 6/6/2002 Time: 800 p Not Operational p JdelowThres o p Permitted 0 Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: ......................... Farm Name: Donnie Peedin Farm County: Wayne ................................................. aRO........ Owner Name: Donnie and Gwen Peedin Phone No: 919-734-5299 Mailing Address: 4.6.7.2.01d.S.milb.Meld.Rd................................................................... GWdcb.om..NC............................. ....... .------ .......... 7.S31t.............. Facility Contact: Donnie.W.iggs.................................................Title: 01C...................................................... Phone No: 919x7.3 .8HQd....................... Onsite Representative: ..................................................... .................................................... Integrator. Priatage.Earms.............................................. ....... Certified Operator: Dunnie C..............................W.iggs ................................................ Operator Certification Number: 19.438......... .................... Location of Farm: miles west of Goldsboro i N Swine p Poultry p Cattle p Horse Latitude ©a ®' ®44 Longitude ®& ®4 ®« p, Design Current a Design Current De`s�gn Current Swine t Capacity Population xPoultry - Capacity Popula4on� Cattle t` CapacNty , ;Population .0 ,z p Non -Dairy 4 s `CapacE6r ; 7,350 otal SS W, ? 992,250 Number of Lagoons = p u sur ace rams resen p Lagoon rea p pray �e rea Holding Poads /.Solid Traps p o iquiWaste ManagementSystem p can to Feeder � p Layer ® Feeder to finis '=� p Non -Layer parrow to can :<;� .. .... ...:...._.....,_.::_ _.�..;;.,. ....�::: p Farrow to Feeder p Other n � � Total Desl �� "'7` � T p Farrow to Finish Q Ci11tS ❑Boars Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: ❑ Lagoon p Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 0 Yes p 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) p Yes p No 2. Is there evidence of past discharge from any part of the operation? p Yes Ig 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 p Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ................................................................................................................................................................................................................... Freeboard (inches) 27............................................................................................................................................. : ..................................................................... facility Number: 9G-5 Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 13 Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ' p Yes ®No (If any of questions 4-6 was answered yes, and the situation poses as immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ® Yes p No 8. -Does any part of the waste management system other than waste structures require maintenance/improvement? p Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? p Yes H No Waste Application 10. Are there any buffers that need maintenance/improvement? p Yes p No 11. Is there evidence of over application? ❑ Excessive Ponding p PAN p Hydraulic Overload p Yes p No 12. Crop type Coastal Bermuda (Hay) Small Grain Overseed Wheat Soybeans 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? c) This facility is pended for a wettable acre determination? 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? p Yes ® No Yes p No p Yes p No p Yes p No p Yes ® No p Yes ® No p Yes p No p Yes ® No Cl Yes p No Yes N No p Yes N No p Yes p No p Yes p No p Yes p No p Yes p No p o violations or deficiencies were noted during this visit You will receive no further correspondence about this vise ;Comments refer to uesttoi E% lam an ,YES answersand/or an recommendations or an other comments •rti-��§iffi_j�.� xawinF ,�� ., ',Use drgs`of fato�better explam�situations (use:addihonal pages as necessary) � �x-='�'�~ $=°�=�-- � = - {-rY p Field Cop p Final Notes �- a. (.. c=�u �-r2�.9'^��'t a L- ::�k�iR%1'd� . k f� -1 7'o..gd•$it _ �...... .�'.��.c Y...{`, ��>� si���s v _t`£.0 v �X .:'�-.E^ J'.. _i,� -E t4.a{_ __ .4..:.". Office was locked and no one on site - could not review records. A The vegetation on dike wall is in need of attention. There are lots of weeds on the top and the downslopes of the walls. Need to keep the weeds to a minimum and keep the walls mowed on the inside and downslope as the top has been mowed, Need to address the weeds in the Bermuda fields. Waste analysis 8/15/01 = 1.7 lbs. Reviewer/Inspector Name Lyn B Hardison entered by Ann:-vndall -. Reviewer/Inspector Signature: Date: _ �,� ate of North Carolina apartment of Environment id Natural Resources ivision of Water Quality ames B. Hunt, Jr„ Governor Sill Holman, Secretary (err T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED DONNIE AND GWEN PEEDiN 1672 OLD SMITHFIELD R-D GOLDS13ORo NC 27530 Dear Donnie and Gwen Peedin : ul� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANC NATURAL RESDURCES De �, EIS DEC 2 2 2000 Subject: Notice of Violation and Revocation for Nonpayment Donnie Peedin Farm Permit Number: AWS960005 Wayne County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 9/9/1997. Your annual permit fee for the period of 9/9/2000 - 9/8/2001 is $300.00. Your payment was due 11/412000. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4), and G.S. 143-215.1 (6) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-2 15.1 and is subject to the assessment of a civil penalty of up to S 10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh. North Carolina 27699-1617 If you have any questions. please contact Fran McPherson at (919) 733-7015 ext. 210. Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Washington Regional Office Wayne County Health Department Permit File 1617 Mail Service Center. Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled J 10% post -consumer paper State of North Carolina epartment o Environment - and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED December 21, 1998 Mr. Donnie Peedin Donnie Peedin Farm 1672 Old Smithfield Road Goldsboro, NC 27530 SUBJECT: Notice of Deficiency Animal Feeding Operation Compliance Inspection Donnie Peedin Farm Facility No. 96-5 Wayne County Dear Mr. Peedin: On September 2, 1998, Randy Barefoot of Prestage Farms and I of the Division of Water Quality from the Washington Regional Office conducted an Animal Feedlot Operation Compliance Inspection at your farm in Wayne County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 21-1.0217, Senate Bill 1217, Certified. Animal Waste Management Plan and General Permit; (3) the farm operation's waste management system is being operated properly under the direction or 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. 1. In accordance with condition III, item 4 of your General Permit you are required to analyze the animal waste as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This condition had not been met for the January, February and April irrigation events. 2. The coastal hay needs to he harvested more often. At the time of the inspection, the hay was beginning to lie over. Good crop management is very important to the value of the crop and nitroizen uutake. In addition to the aforementioned deficiencies, it is important that you determine the wetted acreage in each irrigation pull and map these patterns out in relationship to your waste management plan. The IRR-2 records can be kept by irrigation pull and the computations completed by wetted acres. --Cont. Page Two- - - Donnie Peedin Farm - - - - - Facility No. 96-5 December 21, 1998 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 cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, east. 318. Sincerely, Lyn B. Hardison Environmental Specialist cc: Randy Barefoot, w/ Prestage P.O. Box 438 Clinton, NC 28329-0438 Wayne County SWCD Office DSWC-WaRO (w/out attachments) Compliance Group (w/out attachments) WQ Central Files WaRO V 943 Washington Square Mall, Washington, NC 27889 Telephone (919) 946-6481 FAX (919) 975-3716 "' An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper 10 ttouttne 0 L ompjamt 0 rottow-up of uwV inspection 0 rouow-up of uawt_ review 0 utner Facility Number Date of Inspection Time of Inspection ® 24 hr. (hh:mm) p Registered E Certified p Applied for Permit ■ Permitted 13 of Opera Date Last Operated: Farm Name: DopxtieZeedin.Farm.................................................................................. County: Wayne WaRO Owner Name: Donnieand.GWjM............ Eeedi.n........ _............................................... Phone No: 9.19.7.73.4-5299 .......................................................... Facility Contact: ...............................................................................Title: ...... Phone No: ......................................................... Mailing Address: 1b.7.2-01d.Smtilliftelyd.Rd................................................................... GWd&bjam..NC ..................................................... 2753.0 .............. Onsite Representative: Randy..Bart"faoi........................................................................ Integrator: pxjstagr_Fat:►ns.................. ................................... Certified Operator:Dann>e.f............................... Wiggc................................................ Operator Certification Number: 194.18............................. Location of Farm: •®� �" Longitude Latitude © r estgn Uurren 7 estgn urren - � estgn r urren f Swine 4i44, . ` C:apacity Population Poultry' Capacity Population Cattle Capact Po ulation v w ayer F: - p airy p on- ayer =: p Non - Dairy _ -r Other �=- _: � -_ - � ate. �=-_ - - - _ . _. , Total Des Ca aci . - _ P 13'� s _ > r - y Total SSLW W Number of ]lagoons / TiolsLng Ponds° p u i sur ace rains resent 13 agoon rea p pray se —re a— t : [3 o LiquidWaste Management ystem p Wean to Feeder ® Feeder to Finish p arrow to Wean p arrow to Feeder p Farrow to F General 1. Are there any buffers that need maintenance/improvement? p Yes g No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: ❑ Lagoon p Spray Field p Other a If discharge is observed, was the conveyance man-made? p Yes ® No b. If discharge is observed, did it reach Surface Water? {If yes, notify DWQ) l7 Yes ® No c. If discharge is observed, what is the estimated flow in gal/min? n/a d. Does discharge bypass a lagoon system? (If yes. notify DWQ) Yes ®No 3. Is there evidence of past discharge from any part of the operation? p Yes ®No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ®No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes p No maintenance/improvement? 5. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 0 Yes ®No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No 7/25/97 Continued on back --=-8.7-Area_here-iagoo-ns-or storage_pond&i _site wwhich--iiee� 1o_fie"properly � structures (Laaoons,Hoiding Ponds. Flush Pits; etc.)- --9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ®No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard(ft):.............. 2-0...... _... ...................... ........ ........ ...... ............................. ........................................................................ 10. Is seepage observed from any of the structures? I I - Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ)- 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) p Yes ® No p Yes B No p Yes ® No p Yes ® No p Yes ® No 15. Crop type .._.Coz9dB=muda..Grass....... Smallckainj.4.)&aaeat'Barky........... Wheat.and.suyhcan..................................................................... 16. Do the receiving crops differ with those designated m the' Anu)al Waste Management Plan (AWMP)? p Yes . ® No 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19.' Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? o; U ow. or desiden4des,v�eIq-04gte , . �1 gt V s t: • btt reiwive aid t-t• er �oiies�ianderice about ifiis isit:....... . Reviewer/Inspector Name p Yes ® No B Yes p No 13 Yes ® No p Yes N No p Yes ® No ® Yes p No 13 Yes ® No p Yes N No p Yes N No Reviewer/Inspector Signature: g J z" . Date: ?_ q�A