400016_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

ENFORCEMENT

on
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JACK CUNNINGHAM
RT 1 Box 46-A
WALSTONBURG NC 27888
Dear Jack Cunningham:
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
RECEOVED
APR 2 9 2003 April 25, 2003
DWQ-WARO
Subject: Notice of Violation and Revocation for Nonpayment
Jack & Jerry Cunningham Farms
Permit Number: AWS400016
Greene 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 112311998.
Your annual permit fee for the period of 1/23/2003 - 1/22/2004 is $150.00. Your payment was due 3/9/2003.
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,
a,&,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
c- Wastiington-Regional,=Office=
Greene 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

�0� W A TE9p
Michael F_ Easley
Governor
May 4.2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Cunningham
7643 Beaman Old Creek Road
Walstonburg, North Carolina 27888
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Compliance Inspection
Jack & Jerry Cunningham Farms
Facility No. 40-16
Greene County
Dear Mr. Cunningham:
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
On March 20, 2001,1 conducted an Animal Feedlot Operation Compliance Inspection at the Jack & Jerry Cunningham Farms in Greene
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) and the General
Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2110217. Senate Bill 1217. the Certified Animal Waste
Management Plan and the General Permit; (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; and that (5) there are no signs of seepage, erosion, and/or runoff The
following deficiencies were observed during the inspection.
Trees and woody vegetation along the outside of the lagoon dike walls should be removed per the guidance of your Technical Specialist to
meet the requirements of your General Permit. in Section It. Operation and Maintenance Requirements, item number 3 of the General
Permit it is a requirement that a protective vegetative cover shall be established and maintained on all lagoon/stoi'age pond embankments
(outside tow of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other
woody vegetation shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible,
and vegetation shall be mowed. You are advised to submit a 121aia of Action A for removing the trees and woody meZetation to
the DWO-�i aRO within 60 days of vour receipt of this letter.
i The IRR-2 forms of the irrigation records should be completed to give a nitrogen balance for the small grain, receiving crop. Over
application could not be determined due to these records not being compl--ted.
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. 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.
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 [phone], eta. 321.
Sincerely,
Dap a B. Cullom
Environmental Specialist
cc: Greene Countv SW CD Office
DSWC-WaRO
Cpmpliance Group
vraRO—Animal Compliance
DBC files
943 Washington Square Mall Washington, NC 278139 252-946-6481 (Telephone) 252-946-9215 (Fax)

1-
.. a' '✓_ r - a ;:1.. DNlS10H.Of Water �C"""'•J�s
�� r !p DRasx�n of Soo and water cane F�
--t✓E? ' x '#d"•. 3 � 3?%'. s T a,a ti :-� >'Y� t ".:„� � �yv"�:F�i r �.p-..Fy"x� 6 y✓ Tom?
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Vmit O• Roufrne O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facilih Number 40 16 ¢ Date of Visit: Time: 3-20-ZO(il 11:15 am
O Not Operational 0 Below, Threshold
Permitted ® Certified © Conditionally Certified ❑ Registered Date Last Operated or Above Threshold: ............
Farm Name: ,lac .61CM Ceram
Owner Name:.ia�k-•------..,. ........ Phone No: 252 347.1729.nr.5.38A.......................... _.........
Mailing Address: Ife � ara Q1d-C ,el:�na _._ ._... ----..... ... -.......... �'.Y.,a> 1Qx1bM7,NC................ ......... ....................... 27.$8& .............
Facility Contact: .............._..._ .--.-..-.-- .__.... _ _ ._ .Title: . Phone No:
Onsite. Representative: J ..Cunni ,nabtaul.................................. Inte,,,ratar:.Px. ium.Staltdud..........._.....
—.
...... Operator Certification Numl►er. 192Q-1 ............................
Certified Operator: Jack .......................... ....... ... ltn�blaRl.-.—. p
Location of Farm:
(Farm location: from Hwv. 58 take State Rd. 1229 4 miles right on 1222 1 mile on right '
ISR 1222 by Beaman Run. drh.
® Swine ❑ poultry ❑ Cattle ❑ Horse Latitude 1 35 • 32 Lam" Longitude 77 • 43 40
Current Dcstgn Current Design Current
Design :
awtue . (:a acrtv ro elation .
[] Wean to Feeder
Z_ Feeder to Finish 1 3840 1 3840
10 Farrow to Wean
❑ Farrow to Feeder
lid Farrow to Finish l
Boars
Pouhn °Ca ack,° Population Cattle - Ca adt. Population
[❑ Layer J. 10 Dairy
10 Non -Layer ❑ Non-Dairy-1
❑ Other
Total Design Capacity. 3.840
Total SSLW 518,400
Number: of Lagoons 2 Subsurface Drains Present❑ Lagoon Area ❑ SprayReid Are:
Holdurg Ponds ! Solid Traps ❑ No Liquid Waste Management System
Dischar«es & Stream Impacts
1. Is any discharge observed from any part of the operation?
❑ Yes 19, No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If di;charf!e is observed_ «•as the cot vzyance roan -made? ❑ Yes ❑ No
13. if discharge is ob en ed_ did it reach Walcr of the Mate? [!f S-es; notifi. DWQ) ❑ Yes i; No
c. I: discharge is ohsen•ed, what is the estimated flow in gal/rain?
d. Does discharge bypass a lagoon :N'sleni" (lives. notiA-, DWQ) ❑ Yes ❑ No
2. Is there e6dence of past discharge from any part of the operation? ❑ Yes No
3. Were there ant° adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes No

UI/UP&I
Facility Number. .0-16
Date of Inspection d`20.200I
Continued w
Waste Collection & Treatment
4_ Is storage capacity (freeboard phis storm storage) less than adequate? ❑ Spillway ❑ Yes No
Structure 1 Structure 2 Stntcture 3 Stricture 4 Structure 5 Struottu•e 6
ldeulifier:._ .. 8 :� .. ..S?.1d:Al?sns VAx A ...._._ ......_._.
Freeboard (inches)_ -- z�_ ......._--. ._ .
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 maintenancelimprovement?
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?
'Wastc Application
10. Are there any buffers that need maintenance/improvement?
1 I _ Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12_ Crop type Wheat/Soybeans Coastal Bermuda (Graze)
❑ Yes ® No
('I Yes ®No
19 Yes ❑ No
❑ Yes ER No
Yes Z No
❑ Yes 0 No
❑ Yes El No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes X No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes E) No
b) Does the facility need a wettable acre determination? F-1 Yes [ No
c) This facility is pended for a wettable acre determination? t Yes _ No
15. Does the receiving crop need improvement?
Yes
No
16. Is there a lack of adequate waste application equipment?
Yes
No
17. Are rock outcrops prey; nt?
❑ Yes
❑ No
I& Is there a water aipplh7 «-ell within 250 f�„t of the s-pra}dield boundary? !J Unknown
Yes
i;; ?vo
❑ On site ❑ U11=site
Required Records & Documents
19. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
® No
A Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design maps, etc.)
❑ Yes
9 No
21 _ Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
® Yes
❑ No
22. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
Fj No
23 _ Did the facility fail to have a actively certified operator in charge?
Yes
[j No
24. Fail to notify regional DWQ of emergence situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
9 No
25. Did ReviewerAnspector fail to discuss review/inspection with on -site representative?
J Yes
,$ No
26. Does facility require a follow-up visit by same agency?
❑ Yes
No
27. Were any additional problems noted which cause noncompliance'of the Certified AWMP?
❑ Yes
No
Odor Issues
28. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
71 Yes
F No
liquid level of lagoon or storage pond with no agitation?
29. Are there any dead animals not disposed of properly within 24 hours?
D Yes
[K No

OU01/01
Facility Number: 40-16
Date of Inspect ion 3-20-2-001
30. Is there any evidence of wind drifl during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public properh')
31. Is the land application spray system intake not located near the liquid surface of the lagoon?
32. Were any major maintenance problems with the ventilation fau(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
33. Do the animals feed storage bins fail to have appropriate cover?
34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
Confinued
Printers on: 5/412001
❑ Yes
® No
❑ Yes
9 No
❑ Yes
® No
❑ Yes
X No
❑ Yes
® No
E3 No violations or deficiencies were noted during this visit. Youwill receive no further correspondence about this visit.
t;ommeots{refer.to_queshon#j lvipfarn'an3 Yi+.��an�werasndloranyrpoommrZt�atronsoraoyottleryoomm�nnia. `
[ise drawings srtfactlttyto lietterla srtuatroiQa. (iuseddrtaamal paw as nssary- ❑ Field Copy ❑ Fina1 Notes
from original inspection, which was left on site_ D.Cullom 4-3-2001.
5 & 7. Trees and woody vegetation as noted in prmious Operation Re«ew will be removed as required by the General Permit.
11. could not complete due to IRR-2 fors being, incomplete_
13. The W` P should be amended to include corn prior to waste application and include irrigaiton pulls for fields to show actual irrigation
1. Waste analysis 2-1-01 3.1 lbs./1000 gals. Soil analysis 912000, Samples for 2001 sent to Raleigh.._ awaiting results.
reeboard level records maintained per General Permit on calendar in office at far. The previous vears records, which are on calendars should
[aced on DWQ Freeboard sheets to comply with the minimum three year record requirement of the General Permit.
Complete iRR-2 forms to show- nitrogen balance for sam11 grain overseed.
Dnce WUP is amended, please update iRR-1 & IRR-2 forms to reflect irrigation actMity on small grain.
Please be advised that all records of the CAWMP are required by the General Permit to be legible and in an orderly fashion. The
,orris of the CAR'MP must also be maintained for a minimum of three years in chronological form. You are further a(h-hed to review
records of your CAWMP to ensure that you are not in violation of your General Permit by meeting the conditions listed above.
A copy of your facility's Certificate of Coverage and General Permit are also required to be a part of your CAWMP.
T
Reviewer/Inspector Name Da"
_
Rei iew•er/Inspector Signature n Date:

State of North Carolina
Department of Environment and
Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�••
NCDENFt
NORTH C'aRcn-mA E)EPARTMENT OF
ENVIRONMENT AN0 N.4Ti1RAL_ RESOURCES
DIVISION OF WATER QUALITY
February 3, 1999
Mr. Jack Cunningham
Jack & Jerry Cunningham Farm
Rt. 1, Box 46-A
Walstonburg, North Carolina 27888
SUBJECT: Notice of Deficiency
Animal Feedlot Operation Site Inspection
Jack & Jerry Cunningham Farm
Facility No. 40-16
Greene County
Dear Mr. Cunningham:
On October 13, 1998, 1 conducted an Animal Feedlot Operation Site Inspection
at the Jack & Jerry Cunningham Farm in Greene 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) and the General Permit; (2) the farm
is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill
1217, the Certified Animal Waste Management Plan and the General Permit; (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 deficiencies
were observed during the inspection.
Failed to have the required waste analysis. The wastewater must be sampled
within sixty (60) days of application. It is suggested to collect a sample for
analysis every 120 days to meet the requirement.
943 Washington Square Mall, Washington, North Carolina 27889
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

f
� `!lGrT4,r
Page Two
Jack & Jerry Cunningham Farm
Facility No. 40-16
February 3, 1999
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.
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 [phone], ext. 321.
Sincerely,
CR�' - CMG w�
Daphne B. Cullom
Environmental Specialist
cc: Dr. Garth Boyd, Murphy Family Farms
Greene County SWCD Office
Mike Regans, Greene County NCCES Office
DSWC-WaRO
Compliance Group
WaRO

Facility Number hate of I nspectiarE
Time of Inspection � 24 hr. (hh:mm)
p Registered 0 Certified p Applied for Permit E Permitted p of peratrona Date Last Operated:
Farm Name:,Iark,&.,Lexry..Cmnniioighaux.k'arm........................................................ County: Greene WaRO
Owner Name:J=k........................................ Cunningham ........................................... Phone No: Z52t-.747-..7719..ox.MR6 .........................................
FacilityContact ...Title: ..................................................................................................................... ....................... Phone o:....................
Mailing Address: RU.BoY_46.-.A........... -........................................................................... W..alstonbLuxg.N!r.................................................. 2788R ..............
Onsite Representative: Jack.ICunningUm................................................................... Integrator: Muu:prhy..IFamUX.Farum.....................................
Certified Operator:Jack.G................................... Cunniug1bam .................................. Operator Certification Number: 19.2II4.............................
Location of Farm:
Latitude ©• - 7--T ®°° Longitude ©• ®4 ®"
esign7 - IL, urren 777; Z- ­- esrgn urren s 4 esrgn urren
t _ �.: -
Swine a elation Poultry Population Cattle Capaci Po ulation
ty p•
$
§CapacrtyP pCapac�ty =
.a
}.
12
y
522,000
r3 Boars
Number of Lagoons I l3oldmg Pdsr _`Subsurface rains resen ❑ goon rea ❑ pray re Area
❑ o LiquidWaste Management System �
e er
❑ can tOointsh
�y
❑ Layer
❑ airy
ee er
on- auy
❑
❑
arrow to can
�
❑
x ❑ Other
Total Design Capacity
® arrow to Feeder
Farrow to Finish
❑
,
3�
❑ Gilts
General
1. Are there any buffers that need maintenance/improvement? ❑""'Yes ® No
2. Is any discharge observed from any part of the operation? ❑ Yes ®No
Discharge originated at: ❑ Lagoon ❑ 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) p Yes. p No
c. If discharge is observed, what is the estimated flow in ,al/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑Yes p No
3. Is there evidence of past discharge from any part of the operation? ❑ 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 p Yes ® No
maintenance/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ® No
7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ® No
7/25/97

tactlity Number: 4t1_16 Date of Inspection
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons,Holding Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure 1 Structure 2 Structure 3 Structure 4
Identifier: ...._, . ........... .. ....... old.lagocut._....... ... _............................................
Freeboard (ft): 2.2 1.8
10. Is seepage observed from any of the structures?
11. 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 ari
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 W No
p Yes ® No
Structure 5 Structure 6
Yes ® No
p Yes ® No
p Yes ® No
p Yes W No
p Yes W No
15. Crop type ...... CoasWBermuda kirass ...............................Rye....................................................................................................................................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? p Yes W No
17. Does the facility have a lack of adequate acreage for land application? p Yes gg No
18. Does the receiving crop need improvement? p Yes ®No
19. Is there a lack of available waste application equipment? p Yes ® No
20. Does facility require a follow-up visit by same agency? p Yes ®No
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? p Yes ® No
22. Does record keeping need improvement? p Yes ® No
For Certified or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? p Yes ® No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 13 Yes M No
25. Were any additional problems noted which cause noncompliance of the Permit? ® Yes p No
Q. . oyic tions_or deficiencies -were noted uringt [svisit:': ow will :receivenc further.,.
�e xeSpoAl�e. . . Rb.. .1r. . •Y. . .
Reviewer/Inspector Name
I Reviewer/Inspector Signature:
Date: (() -- t_ cfi8