960013_ENFORCEMENT_20171231

NOrRTN'CAROLIN 'a
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

Cont. Page Two
April 11, 2006
Bryant Worley Farm
Facility # 96-13
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 within 30 days of receipt this letter. 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.
If you have any questions regarding this letter, please do not hesitate to contact me at (252) 948-
3939 or Miressa D. Garoma at [phone]
Sincerely,
David May
Aquifer Protection Regional Supervisor
Washington Regional Office
cc: Facility File 96-13
APS Central Files
Goldsboro Hog Farms
Division of Soil and Water Conservation, Washington Regional Office
Soil and Water Conservation District, Wayne County

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7005 1820 0003 6595 0641
Mr. James Bryant Worley
Bryant Worley Farm
261 Talton Rd.
Princeton, NC 27569
Re: Notice of Violation/Notice of Intent (NOV-2006-PC-0111)
Animal Facility Annual Certification Form
Bryant Worley Farm
NPDES Permit No. NCA296013
Wayne County
Dear Mr. Worley:
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 III.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
2005 as required by your NPDES permit. To avoid possible enforcement action for a violation
of your permit, please return within 30 days of receipt this letter to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
North Carolina Division of Water Quality Internet: www.ncwaterUuality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] North Cay�rohna
An Equal OpportunitylAffinnative Action Employer— 50% Recycled/10% Post Consumer Paper / at u ally

Bryant Worley Farm
261 Talton Road
Princeton, NC 27569
919-735-4239
February 24, 2004
Lyn B. Hardison
DENR — DWO
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
RE: Notice of Violation
Facility # 96-13
Dear Ms. Hardison:
FEB 2 7 2004
DW Q-W ARO
This letter is in response to the letter received on February 17, 2004 from your
office, dated February 13, 2004, with regard to PAN overapplication and hydraulic
overload on two (2) of our 37 irrigation pulls or zones of solid set. Per your instructions,
our procedures in the future will include not irrigating in any event to exceed 27,154
gallons per acre. We have had our hard hose traveler and our solid set irrigation
equipment calibrated this month to insure that our flow rate is accurate and we are
recording accurate data and information. The PAN overapplication was a result of part
of our irrigation events being recorded on the old IRR-2 forms and part on the new IRR-2
forms and our negligence in accurately compiling the data from the two separate forms.
Now that we will have all irrigation events on the new forms from 2004 forward, this will
not occur again. We have also acquired all of the new NPDES forms on disk to load on
our computer so that we can now keep all of our irrigation events, as well as our other
required records computerized and current.
I hope that this explanation is satisfactory and shows that our intent is always to
be good environmental stewards and to maintain our facility in a compliant manner. We
strive to meet or exceed all rules and regulations with regard to livestock facilities as
governed by DENR and DWO.
Sin ely submi d
, sin
t Worley
Bryant Worley Farm
Cc: Wayne Co Soil & Water Conservation District

m
0
0
U.S.
Postal
Service,.
CERTIFIED
MAIL,.
RECEIPT
(Domestic
Mail
Only;
No Insurance
Coverage
Provided)
Ln
Postage
$
p Certified Fee
C3
p Return Reclept Fee
(Endorsement Required)
CC ReeVlcted Delivery Fee
(Endorsement Required)
I d,, l I`
Total P__.___ a .__ _
s M
L!enl MR BRYANT WORLEY261 TALTON ROAD
PRINCETON NC 27569

Certified MailProvidd§: (miviea)zooeGunrloose =0:1Sd
■ A mailing receipt
■ A unique identifier for your mallplece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile.
■ Certified Mail is not available for any class of International mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Race, t may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Retum
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt Is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mallpiece with the
endorsement 'Restricted Defivery'
■ It a postmark on the Certified Mail receipt Is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present It when making an Inquiry.
Internet access to deliverryy Information is not available on mail
addressed to APOs and FPOs.

■ Complete items 1, 2, and 3. Also complete tR
bed
Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR BRYANT WORLEY
261 TALTON ROAD
PRINCETON NC 27569
D. Is delivery address different fro
If YES, enter delivery address
❑ Agent
❑ Addressee
/ C. Date of Delivery
Q- l -7Z
m 1? ❑ Yes
w: ❑ No
3. Sery
>e type
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. (,.s rl' 7003 1680 0000 5403 7352
(TlenSfBl
PS Form 361 1, August 2001 Domestic Return Receipt
102595-02-M-1540

UNITED STATES POSTAL SERVICE
First -Class Mail
111111 Postag
USPSe &Fees Paid
Permit No. G-10
• Sender. Please, print your name, address, and ZIP+4 in this box •
North Carolina Department of Environment
& Natural Resources
Washington Regional Office
Division of Water Quality
943 Washington Square Mall
Washington North Carolina 27889

A TF9
Q
IV
= j
s �
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7003 1680 0000 5403 7352
February 13, 2004
Mr. Bryant Worley
261 Talton Road
Princeton, North Carolina 27569
RE: Notice of Violation
Animal Operation Compliance Inspection
Bryant Worley Farm
Facility No. # 96-13
Wayne County
Dear Mr. Worley:
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 # 96-13 is in violation of its CAWMP and North Carolina
Administrative Code Subchapter 15A .0217 for over -application of nitrogen as well as hydraulically. Ms.
Hardison from the Washington Regional Office of the Division of Water Quality conducted an onsite
inspection on December 29, 2003 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
2H.0217, Senate Bill 1217, General NPDES permit 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 Compliance inspection:
D Over -application of plant available nitrogen (PAN) on Coastal Bermuda was noted on Tract 935,
Field 7A (1&3) by 13.01 (5%) lbs. Please be advised that in accordance with condition II, item 4 of
your General NPDES Permit, land application rates shall be in accordance with the CAWMP. In no
case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving
crop or result in runoff during any give application.
Hydraulic overload was noted on field 926 field 14E. On February 20, 2003, approximately 1.2
in/ac of wastewater was applied during an irrigation event. Please be advised that in accordance
with your waste utilization plan, an irrigation application events should not exceed the hydraulic
loading as specified per the soil type and in no case should an irrigation event exceed one inch per
acre.
Please provide this office with an explanation of the violations along with new practices/procedures
that will be implemented onsite to prevent further such violations within ten (10) working days from receipt
of this Notice. Your explanation will be reviewed and be advised that if these violations continue, the
Division may find that an enforcement action is deemed appropriate.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Cont. Page Two
February 13, 2004
Bryant Worley Farm
# 96-13
It is very important as the owner and/or the Operator in Charge that the aforementioned violation
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 or Lyn Hardison at ext. 318.
Sincerely,
-22,E--
PJim Mulligan
Water Quality Regional Supervisor
Cc: Wayne County Soil and Water Conservation District
George Pettus, Goldsboro Hog Fauns
NCDSWC-WaRO (w/out attachments)
Non -Compliance Group (w/out attachments)
DWQ Central Files
WaRO Compliance Animal Files
LBH Files
JM/LBH

2
Division of Water Quality .
Division of Soil and Water Conservation
Other Agency
rType of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation I
(Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 96 13 Date of visit: 12-29-2003 Time: 1130
r Not O erational O Below Threshold
® Permitted ® Certified E3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: .........................
Farm Name: BryaA1X..oxley..l±apt.m....................................................................I............ County: W.gy.jkq ............................................... WAR ........
OwnerName: d,,.Bryanx ............................... J3 aday......................................................... Phone No: 91.9r.I35. 423.9...........................................................
Mailing Address: 2613.altaa.Iid....................................................................................... Pdric.o.W.a..N.0 ....................................................... V.516.9 .............
Facility Contact:
Title:
Phone No:
Onsite Representative: Gmrge.Pettus............................................................................. Integrator: G.old5hoxoAag.k'axm%......................................
Certified Operator:calmaZ. ............................... Worley ............................................. Operator Certification Nmnber:2,Q0.5j& .............................
Location of Farm:
Dn east side of SR 1226, approx. 0.6 miles north of SR 1227. Beaverdam Creek.
®Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 ' 24 50 Longitude 7§_j • 1 07 40 16,
Design Current
Design Current
Design Current
Swine. Capacity Population
Poultry
Ca acit Po ulation Cattle
Capacity Population
❑ Wean to Feeder
❑ Layer
I ❑ Dairy
® Feeder to Finish
5760
5287
10 Non -Layer
I
JONon-Dairyj
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity
5,760
❑ Gilts
Total SSLW
777,600
❑ Boars
Number of Lagoons I❑ Subsurface Drains Present
Holding Ponds / Solid Traps— ❑ No Liquid Waste Managen
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min'?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
e Field Area
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure 1. Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ...................................................................................................................................................................................................................
Freeboard (inches): 38"

u✓iu✓iuj
Facility Number: 96-13
Date of Inspection 12-29-2003
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload [
,. a,muutuq�t
❑ Yes
r
® No
❑ Yes
®No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
12, Crop type Coastal Bermuda (Graze) Coastal Bermuda (Hay) Cotton, Soybean Winter Annual
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (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?
❑ Yes ® No
Cl Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
.u.l .. .C..:'!{FF"`yy n �+ � .1 ":
to tt I E . , h
' p y' or any recommend, atlons ot°, anyaother'commentsv l r", ;'ln a
Comments (refer tq question, z lam an YES answers:aq'
�,`.,.° utrbl!I1V�9IF1i Y, YII I' v',4` a LLu iy. - + rup-.,.��I i§ rJ •,�(� ••.'° I !-.. llnl li nl ryi u.r4:,.lnm l uitt+i
Use�drawmgsiof+facility to better ezplain situations (use addittonahpages,as necessary)
❑Field Copy ❑Final Notes
�..��
Records available for review.
Waste Analysis: 11/4/03 1.70 lbs
7/17/03 1.801bs
6/6/03 2.601bs
3/10/03 1.80 lbs
11 /26/02 1.70 lbs
Soil analysis for 2003 available
_
Reviewer/Inspector p Lyn r
Reviewer/Inspector Signature: Date: /-Gf_/> 3

05103101
Facility Number: 96-13
Date of Inspection 12-29-2003
Continued
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
ligation records are complete and balanced out. Began using the new forms mid coastal crop year. DID NOT A,
imbine the applications onto one form whcih resulted into overapplication.
Tract 935 - field 6A (2&4) should have a balance of 59.74 lbs of N
Tract 935 - field 6A (10) should have a balance of 16.75 lbs of N
11 - Tract 935 field 7A (1&3) nitrogen was overapplied by 13.01 lbs of N (the PAN allowance is 235 lbs an
is estimated that he overapplied N is 5 %.
11 - Hydraulic overload on field 926 field 14 E on February 20, 2003 by 1.2 inches per acre. It is-wequiremen (?
&to maintain 1 inch per acre per irrigation event. This was the only irrigation event on the field/pull (14E).
fake sure to irrigate < 1.0" per acre/event.
-eeboard, rainfall, mortality, stocking and crop yields are kept.
on't forget to submit the annual certification form to Raleigh by the end of March 1, 2004.
on't forget to complete the Sludge Survey and Irrigaiton Calibration by April 9, 2004.
a)
J