960057_ENFORCEMENT_20171231

44
NUH I H UAHULINA
Department of Environmental Qual
2 N
d

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

r.
1775 Antioch Road
Pikeville, NC 27863
June 21, 2001
Mr. Jim Mulligan
Water Quality Regional Supervisor
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
lull 2 5 2001 U
RE: Notice of Violation
Animal Operation Compliance Inspection
C&G Swine
Facility No. #96-57
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 615` thru 90t' 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 #96-57 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.

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,
r'04 , k
Carl G. Kirby

% ARO - 64�_-
� � WaTF
Michael F. Easley
01 Governor
l� William G. Ross, Jr., Secretary
> Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 14, 2001
Mr. Carl G. Kirby
C&G Swine
1775 Antioch Road
Pikeville, North Carolina 27863
RE: Notice of Violation
Animal Operation Compliance Inspection
C&G Swine
Facility No. # 96-57
Wayne County
Dear Mr. Kirby:
This letter is to notify you that facility # 96-57 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 in fields: P1 - 4.42 lbs. over, P2 - 12.81 lbs. over and P3 - 13.54 lbs.
over (exceeded the PAN allowance greater than 20 %).
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.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Cont. Page Two
C&G Shrine
# 96-57
Please provide this office with an explanation of the violation
with new
that will be implemented onsite to prevent er suc vio ations within ten 10 working days c
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 me at 252-946-6481, ext. 214 or Lyn Hardison at ext. 318.
Sincerely,
0::;
Jim Mulligan
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 -Compliance Group
WQ Qentral Files
�aRO Animal Files
LBH Files

of Visit OO Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit OO Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 96 57 z 1)atc of visit: 4-17-2001 Time: � f115- a �-Prbiied o`n:�6/1�2C2001 _
0 Not Operational 0 Below Threshold
Permitted U Certified ^-t Conditionally Certified r Registered Date Last Operated or Above Threshold: .........................
Farm Name: GdtSaS. same.................................................................................................... . County: W.. RY.ELC ...............................................
... AKO........
Owner Name: CArl.._..................................... J ikbx.Sr.......... .......................................... Phone No: 919=13S.1613 .....................
Mailing Address: 17.75.A.n:tlaWb.Buad.......................................................................... Pinexille..NC._....................................................... 17.8.63 .............
Facility Contact:
Title:.......
Phone No:
Onsite Representative: Carl.Kithy..,..Gwj=P.eU=................................................... Integrator: Guldshoxg.Hog.Forms.......... _...........................
Certified Operator: Carl ......................................... yj6y ................................................ Operator Certification Number : 19.4A.7..............................
Location of Farm:
® Swine ❑Poultry ❑Cattle ❑Morse Latitude ' 35 I° 29 ii L 46 Longitude 77 j° j 53 18
P
Swine
Design Current
Capacity Population
3200 1 3200
Poultry
❑ Layer
❑ Non -Layer
❑ Other
Design Current
Ca achy Population Cattle
10 Dairy
❑ Non -Dairy
Total Design Capacity
Total SSLW
Design Current 11
Capacity Population
3,200
y
96,000 p
M Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Fmish
❑ Gilts
❑ Boars
Number of Lagoons 0 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area j
Holding Ponds / So6d Traps ❑ No Liquid Waste Management System
ri!:::Iattr�;cs ::s `�trc<.nt 3iis �scts
1. Is any discharge observed from any part of the operation? ❑ Yes t)t No
Discitar e originated aC j'1 Lagoon ❑ Spray Field ❑ Other
a. II'disch.uga is obsarved_ nas the conveyance niau-made? ❑ Yes M No
b. Il'discbar2e is observed, did it reach Water of the State? Of yes. ❑otifj' DWQ) ❑ Yes M No
c. If discharge is obseii ad, what is tle estimated flow ill ealh?}in? n/a
d. Doc; discbargis b} pass a lagoon sN stc.n'' (If ties, noiitiPAN Q)
2. Is there evidence of past discharge from any part of the operation?
Yes M No
Yes 17 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes M No
�:$"lEtie[ i �t:it i:.th t7r & T:' =;ti,ierY
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes M No
s1rucl•ure I Strtio lire-') Silacture ,i !sirtltiwrc -':- Structure J Siructiir,' 6
idcmiiier: .......................................................................................................................................................................................................................
Freeboard (niches.

UNU. I
L.VIf/YINiN
Facility Number: 96-57 Date of Inspection 4-17-2001 Printed on: 6/12/2001 I
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N 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 N No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, nqq DWQ)
-____..___�._._�.___—_— - _
7. Do ary of the struchires need maintenance/improvement? � vv — _ — � ❑Yes N No
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
❑ Yes
® No
9. Do any strictures lack adequate, gauged markers with required maximum and minimn n liquid level
elevation markings?
❑ Yes
® No
Waste Ayiplication
10. Are there any buffers that need maintenance/improvement?
❑ Yes
9 No
11. Is there evidence of over application? ❑ Excessive Ponding N PAN ❑ Hydraulic Overload
R Yes
❑ No
12. Crop type Coastal Bermuda (Hay) Small Grain Overseed Com, Soybeans, Wheat
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)?
❑ Yes
N No
14. a) Does the facility lack adequate acreage for land application?
❑ Yes
N No
b) Does the facility need a wettable acre determination?
❑ Yes
0 No
c) This facility is pended for a wettable acre determination?
❑ Yes
N No
15. Does the receiving crop need improvement?
❑ Yes
V1 No
16. Is there a lack of adequate waste application equipment?
❑ Yes
N No
Reouired Recorits & Documents
17.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
N No
18.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
N No
19.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
N No
20.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
N No
21.
Did Elie facility fail to have a actively certified operator in charge?
❑ Yes
Z No
22.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
N No
23.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
® No
24.
Does facility require a follow-up visit by same agency?
❑ Yes
N No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N 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 necessaryI ): ❑Field Copy N Final Notes
Records available for review.
Waste Analysis: 3-28-01 = 3.4 lbs, 1-10-01 = 2.7 lbs, 10-2-00 = 1.8 lbs.
Soil Analysis up through 2000 available. Lime has been applied.
Freeboard levels are recorded weekly as required.
11 - Over -application on small grain: P1=14.42lbs, P2 = 12.81 lbs, P3 = 13.54 lbs. NOC will be issued because the
ver-application excess > 20 %.
Need to get the small grain off ASAP.
Reviewer/Inspector Name Lyn B. Hardison
Reviewer/Inspector Sianature: % i
Date: K _ ( ) _;21�V J
IV

05103101 Continued
tFacility Number. 96-57 Date of Inspection 4 17-2001 Printed on: 6/12/2001
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes [g No
liquid level of lagoon or storage pond with no agitation?
77 Are there an v dead animals nit dicnneell of nrnnedy within 74 hnnrc9 li Ye, � No
28.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
❑ Yes
Fg 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?
El Yes
❑ No