960056_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MICHAEL KIRBY
1498 ANTIOCH RD
PIKEVILLE NC 27863
Dear Michael Kirby:
ern
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND Nf7URAL RESOURCES
R tZ C EE V E DO March 5, 2002
MAR - 7 2002
®WQ-WARO
Subject: Notice of Violation and Revocation for Nonpayment /
B&P Pig Farm
Permit Number: AWS960056
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 12/13/2000.
Your annual permit fee for the period of 12/13/2001 - 12/12/2002 is $50.00. Your payment was due 2/14/2002.
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 (b) (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 143-215.1 and is
subject to the assessment of a civil penalty of up to $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 [phone] ext. 210.
Sincerely,
e. t;7'11
Gi• di-y' ''17horpe, P .D.
I
L` 0 y/
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 [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

U
1498 Antioch Road _
Pikeville, NC 27863
JUN 2 5 2001
June 21, 2001
Mr. Jim Mulligan
Water Quality Regional Supervisor
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Notice of Violation
Animal Operation Compliance Inspection
B&P Pig Farm
Facility No. #96-56
Wayne County
Dear Mr. Mulligan:
This letter is in the reply to the one I received from you on June 14, 2001. As
owner/operator, I regret and am very sorry this violation occurred. This was an error that
occurred due to misinterpretation of dates. I mistakenly used a waste sample for 90 days
out front instead of the allowable 60 days. The waste sample that I should have been
using for the 6151 thru 90`h day had higher nitrogen rate/1000 gallons. This caused my
facility to over apply. I realize the importance of not exceeding the PAN on wettable
acres. I will strive to not let this misinterpretation of waste analysis samples occur again.
Also, I did have other acres that this over application amount could have been applyed to
and would have kept us in compliance with the CAWMP.
In order to have my records accurate for the next inspection, I have deducted the over
applied amount from the next crop which is Coastal Bermuda. If this is not correct, I
would appreciate correspondence by letter to inform me of the correct procedure to keep
facility #96-56 records correct.
I have recently sprigged seven (7) additional acres of Coastal Bermuda to be used as
wettable acres. I have contacted my local SWCD and a new waste utilization plan has
been completed, which included these additional acres.

W.
Again, the importance of water quality on our farm is taken seriously. As past records
reflect, we keep a neat facility with no problems for the past five years. Hopefully no
more mistakes will be made in the future
Sincerely,
rn,'<�ka ("."I
Michael Kirby

l,Jpp - G .
OF W 4iQ Michael F. Easley
`CZ QG Governor
C.) 9 'r William G. Ross, Jr., Secretary
- Department of Environment and Natural Resources
C C Kerr T. Stevens
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 14, 2001
Mr. Michael E. Kirby
B&P Pig Farm
1498 Antioch Road
Pikeville, North Carolina 27863
RE: Notice of Violation
Animal Operation Compliance Inspection
B&P Pig Farm
Facility No. # 96-56
Wayne County
Dear Mr. Kirby:
This letter is to notify you that facility # 96-56 is in violation of its CAWMP and North Carolina
Administrative Code Subchapter 15A .0217 for over application. On April 17, 2001, Lyn
Hardison from the Washington Regional Office of the Division of Water Quality conducted an
Animal Operation Compliance Inspection 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, 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.
In accordance with condition II, item 4 of your General Permit, land application rates
shall be in accordance with the Certified Animal Waste Management Plan (CAWMP). In
no case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for
the receiving crop or result in runoff during and given application. Over -application was
noted on small grain infields: P4 - 23.81bs. over, P5 - 2.43 lbs. over, P6 - 22.57 lbs. over
and on Wheat crop, field 3P8 - 7.47 lbs. over (exceeded the PAN allowance greater than
20 %).
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Cont Page Two
B&P Pig Farm
# 96-56
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
assistance, please contact your ec uIEcal-Specialist.
For
Please provide this office with an explanation ofthe violation 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 if an enforcement action is deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
Thank you for your assistance and cooperation during the inspection. If you have any questions
concerning this matter, please contact meat 252-946-6481, ext. 214 or Lyn Hardison at ext. 318.
Sincerely,
e�R �.p
Jim Mulli""
Water Quality Regional Supervisor
Cc: Wayne County Soil and Water Conservation District
Wayne County Health Department
George Pettus, Goldsboro Hog Farms
Mike Regans, NCCES
NCDSWC-WaRO
Non -Co m liance Group
W ntral Files
aR0 Animal Files
LBH Files

Q
of Visit Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit *Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
96 56 luc:ir
ateof [�tn c on21
Facility Number
Q Not Operational 0 Below Threshold
Permitted Certified 0 Conditionally Certified J.Registered Date Last Operated or Above Threshold
Farm Name:B.&P.PIFfarin.............................................................................................. County: W.aync ............................................... W..&RQ........
OwnerName: Michael ................... _............. Y*irby ........................................................... Phone No: 91901.446.40 ..........................................................
MailingAddress: 1.428.Antioch.Rd...........................................................-..................... P&xille..NC......................... _............................... 17.8.63.............
Facility Contact:
Title:
Phone No:
OnsiteRepresent atiye: Carl.Kit'.by...Gm�P.ettua................................................... Integrator: is4ldsholxtHtlfi.Parma.......................................
Certified Operator: Midwei................................. Kirby ................................................ Operator Certification Number: 19.40.8 .............................
Location of Farm:
Jam.
® Swme ❑ Poultr Cattle Horse Latitude €_ 5 ° . 29_j 46 I Longitude fttude 7 ° ;; 5 18
Design Current
Design Current
Design Current
R Swine Capacity Population
Poultry
Capacity Population Cattle
Ca ac• Population
®Wean to Feeder
3200
1600
❑Layer
❑ Dairy
x
❑ Feeder to Finish
10 Non -Layer
I
❑ Non -Dairy
❑ Farrow to Wean
t
❑ Farrow to Feeder
❑ Other
❑ Farrow to Finish
Total Design Capacity
3,200
❑ Gilts
Total SSLW
F
96,000
❑ soars
�f Number of Lagoons ❑ Subsurface D 10 Lagoon Area ❑ Spray Field Area j
} Holding Ponds / Solid Traps E::� ❑ No Liquid Waste Management System
i
}is:cltar<scs Stream Impacts
1. Is any discharge observed from any part of the operation? F1 Yes R1 No
Dichargc ori,ivat d :it: ❑ Lagoon ❑ Sprav Field ❑ Othe;
a. ll' dischai 2c is observed. was the wave} ante man-made? 0 Yes E�j No
b. If discharge is observed, did it reach Water of flic State' (Ilws. notii•%DWQ) ❑ Yes ® No
c. E discharge is obser ed. whal is the estimated flow iti aalimin'? n/a
d. Does discharge bv floss a lagoon s� stanl" !i f ces. nolili DI Q) f Yes 9 No
2. Is there evidence of past discharge from any part of the operation? L Yes 154 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 0 No
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes No
Slrut;ltlre I Sli ticture 2 Structure -1 !'trnctknc J Siructwc 6
l duillii lei" : .................................... .
FrQeboardlnlcl7c`j: 29....................................................................................
................................................. .............................

u_iu.vut
4,untarneu
Facility Number: 96-56 Date of Inspection 4-17-2001 Printed on: 6/12/2001
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ 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? ❑ Yes 19 No
(If any of questions 4-6 was answered yes, and the situation poses an
_ immediate public health or environmental threat, notify DWO)
7. Do any of the structures need maintenance/improvement? ❑ Yes ® No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any strictures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Aillplication
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ® PAN ❑ Hydraulic Overload
12. Crop type Coastal Bermuda (Hay) Small Grain Overseed
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?
El Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes 9 No
❑ Yes 0 No
❑ Yes Fqq No
Yes N No
❑ Yes 0 No
❑ Yes N No
❑ Yes 19 No
❑ Yes ® No
❑ Yes ® No
❑ Yes 9 No
❑ Yes M No
❑ Yes I�XD No
❑ Yes lq No
It
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 9 No
® No violations or deficiencies were noted during this visit You will receive no further correspondence about this visit.
Comments (refer to question #):. Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better explain situations. (use additional pages as necessary): ❑Field Copy 21 Final Notes
Records available for review.
Waste Analysis: 3-21-01 = 3.6 lbs, 1-10-01 = 3.1 lbs, 10-2-00 = 1.8 lbs.
Soil Analysis up through 2000 available. Lime has been applied.
11 - Over -application on small grain: P4 = 23.8 lbs, P5 = 2.43 lbs, P6 = 22.571bs; on Wheat: 3P8 = 7.47 lbs.
fOV will be issued because the over -application excess > 20 %.
Freeboard levels are recorded weekly as required.
Need to get the small grain off ASAP.
Reviewer/Inspector Name Lyn B. Hardison
Reviewer/Inspector Sianature:
Date:

05103101 Condnued
Facility Number. 96-56 Date of Inspection 4-17-2001
Q
Printed on: 6/12/2001
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes 0 No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disoosed of orooerly within 24 hours? i 1 Yes 15� 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
0 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
O No
32.
Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover?
❑ Yes
❑ No
New waste utilization plan (WUP) dated 3-6-2001. Need to include crop rotation if you want to irrigate on these
elds. NOTE: the WUP began being used 4-1-2001.
The grounds are well kept.
1: If you have any questions, contact your Technical Specialist or me @ 252-946-6481, ext. 318. **