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HomeMy WebLinkAbout330052_PERMIT FILE_20171231R.H. Mohesky/Clover M. Farms Summary Of Problem Facilities Edgecombe County. Facility #33-31, James Lancaster, land Owner (R.H. Mohesky Owns Hogs), On Apr. 10, 1992, NOV issued. Most recent inspection on: August 15, 1996, resulted in a Compliance Letter sent on: August 16, 1995). Edgecombe County. Facility #33-28, Leon Calhoun III, land Owner (R.H. Mohesky Owns Hogs), Previous Inspections: January 27, 1993, October 4, 1993, October 21, 1991, March 10, 1994 (all of which found discharges to surface waters), these observations in turned generated the following letters: CAFO Designation (January 16, 1992), NOV (January 28, 1993), NOV (March 17, 1994), Assessment of Civil Penalties (June 8, 1993). Most recent inspection on: August 14, 1995, found freeboard violation, inadequate acreage for spraying, and a discharge not reaching surface waters. This generated a NOV (September 7, 1995), and a Loss of Deemed Permitted Status Letter (September 7, 1995). Edgecombe County. Facility #33--24, William Langley, land owner (R.H. Mohesky Owns Hogs), Previous Inspections: March 22, 1992, April 1, 1992 (all of which found discharges to surface waters), these generated the following letters: NOV (April 10, 1992), CAFO Designation (April 23, 1993). Most recent inspection on: August 15, 1996, found freeboard violation and a discharge to surface waters. This generated a NOV (August 18, 1995), and a Loss of Deemd Permitted Status Letter (September 6, 1995). Edgecombe County. Facility #33--29, W.C. Varnell, land owner (R.H. Mohesky Owns Hogs), No Previous Inspections. Most recent inspection on: August 15, 1995, found a large discharge to surface waters via a manmade conveyance (ditch). This generated a NOV and Loss of Deemed Permitted Status Letter (August 30, 1995), Recommendation For Enforcement (August 21, 1995), and a Enforcement Action (August 30, 1995). Edgecombe County. Facility #33-52, Conetoe Creek Farm, R.H. Mohesky land owner, and owner of hogs. Previous Inspection on: July 27, 1995. Follow -Up Inspection on: August 4, 1995, found a discharge to surface waters via a manmade conveyance (black plastic pipe). This generated a NOV and Loss of Deemed Permitteed Status Letter (September 1, 1995), Notice of Recommendation For Enforcement (August 9, 1995), and a Enforcement Action (November 17, 1995). A more recent inspection conducted on: November 28, 1995, found no discharge, however the pipe had not been removed from the lagoon dike and had only been covered with sand. In addition, it was discovered that this facility recently expanded after the December 31, 1993 deadline without submitting a certificate for an upgraded or expanded facility. This generated a Assessment of Civil Penalties for Failure to Submit a Certification for Upgraded or Expanded Facility letter (November 28, 1995). Most recent inspection on Febuary 23, 1996 found no problems. Edgecombe County. Facility #33-27, H.J. Farm (SR 1126), R.H. Mohesky land owner, and owner of hogs. Previous Inspection on August 4, 1995, found freeboard violations, and uncontained waste. This generated a Management Deficiency Letter (August 14, 1995). Most Recent Inspection on: November 15, 1995, found a discharge to surface waters. This generated a NOV, a Intent to Revoke Deemed Permitted Status, and a Enforcement Action (November 28, 1995). Nash County. Facility #64-67, Swift Creek Farm (US 301 Bus.), R.H. Mohesky land owner, and owner of the hogs. Previous Inspection on: March 3, 1994 found two discharges to surface waters. This generated a NOV (March 15, 1994) and a CAFO Designation Letter (March 21, 1994). Most Recent Inspection on: August 22, 1995 found freeboard violations. This generated a Management Deficiency Letter (October 6, 1995). Wilson County. Facility #98-39, Thigpen/Saratoga Farm, R.H. Mohesky land owner, and owner of the hogs. Most Recent Inspection On: October 10, 1995 found found freeboard violations and a lack of irrigation equipment on -site. This generated a Management Deficiency Notification (October 24, 1995). 12; The petitioner has a long, well -documented history of poor management practices at both his personally owned facilities, and at his Clover M. contract farms (Please see attatchment A). The Petitioner has not demonstrated compliance with "'governing regulations", nor has the Petitioner demonstrated "good stewardship". 13: There are statements made by the petitioner in the Tarboro paper, The Daily Southerner (Please see attatchment B), which contradict the petitioner's�m of ignorance regarding the presence of the pipe. In addition, the pipe was not "hidden" from "shrubbery -like overgrowth". In fact, at the time of inspection, the pipe was observed without the need for vegetative removal or any other unreasonable effort. The pipe was visible from the lagoon dike and from across the ditch (Please see pictures). 14: According to the Edgecombe County MRCS District Conservationist, A.B. Whitley III, the pipe was likely not removed as there was no disturbance of the vegetation on the lagoon dike nor was there any evidence of digging or excavation on the dike. Further, Mr. Whitley noted (later confirmed upon inspection by Mr. Eric Fleek, DEM), that the pipe was merely plugged with sand (please see pictures). This cannot be considered a repair in a "workmanlike manner" as DEM requires a pipe be either removed or permanently sealed. "Plugging" with sand is not permanent. 15: Based on firsthand observation and photographic evidence, the DEM does not consider this discharge a "nominal" one. In fact, at the time of the inspection, the wastewater in the ditch was observed over a linear distance of approximately 100 or more feet and at a depth of at least 2 inches. 16: This Violation cannot be considered "unintentional" for the following reasons: 1) The Petitioner is the President of the National Pork Producer's Association. This is a pro -pork lobbying group intimately familiar with and aware of regulations governing the pork industry. 2) The Petitioner has been assessed civil penalties and has been the recipient of numerous Notices of Violations from The Division of Environmental Management in the past (Please see attatchment A). Consequently, the Petitioner has been previously made aware of environmental regulations germane to swine farming Unj-.s,t end rvr. 3) There are quotes from the Petitioner in The Daily Southerner which directly contradict his claim of ignorance rega g the p p 's presence (Please see attatchment B). 4) As the Petitioner's attorney, Mar. Walter L. Hinson, writes: "Mr. and Mrs. Mohesky have been farm operators all of their adult lives. Mr. Mohesky was raised on a dairy farm and his education and professional career have been in agriculture". It seems likely that with this extensive agricultural background the Petitioner should be quite knowledgebale concerning regulations governing agriculural activities. 5) The Petitioner has signed an agreement with other prominent memebers of the Poulty and Swine Industries proclaiming their "recognized need" for environmentally sound animal waste management systems (Please see attatchment C). Again, all indications are that the Petitioner had knowledge of environmental rules and regulations governing swine production. As a result, (and combined with the aforementioned evidnece), this violation cannot be claimed as unintentional. CLOVER (--"'M'*-) FARMS. Inc. P. O. Box 215 • September 5, 1996 Mr. Eric Fleek Water Quality Inspector State of North Carolina Department of Environment 3800 Barrett Dr. Suite 101 Raleigh, NC 27609 7878 • Telephone (919) 977-7881 n SEP I 0 1996 DEHNR RALEIGH REGIONAL OFFICE Reference: Clover M Farms, Inc. Conetoe Farm Farm 11=Q52D mdgecom5--Go-ntp Farm Operation Changes February 1994 Dear Mr. Fleek: This memo will confirm our phone conference on Thursday, August 29, 1996 In the spring of 1994 Clover M Farms did not expand the Conetoe Farm #33-052 operation in animal numbers or constant live weight units. The Conetoe Farm was purchased in 1991 and operated as a 200 sow farrow to finish operation until the Spring of 1994 when it was changed to a 400 sow farrow to weaner operation. In the Spring of 1994 when the operation was changed to 400 sows farrow to weaver the older gestation buildings were abandon and a new breeding barn was built; nurserys were changed to farrowing and finishering was changed to sow gestation. page 2 September 5, 1996 Conetoe Farm #33-052 Time Type 1991-94 Fw/Fin 1994-Pres. Fw/Wn 4ueration Size Comparison Constant Animal Size Animal Units Numbgr 200 sows 283400 >2000 400 sows 173200 <800 The operation size in both animal units and animal numbers was decreased, not expanded with the changes in 1994. Hopefully this resolves the issue. If I can provide additional information please don't hesitate to phone 919-977-7881 Thanks, cc. Joy Sherrod, Edgecomb County Soil & Waste DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE WATER QUALITY SECTION September 1, 1995 M E M O R A N D U M J G1 dl G �► To: Steve Tedder Water,Quality Section Chief C r/ r� Through: Ken Schuster, P.E. Regional Supervisor Judy Garrett Regional Water Quality Supervisor From: Ted Cashion Environmental Chemist Eric Fleek Environmental Technician Subject: Loss of Deemed Permitted Status C�over-M—Farms; Inc:=�Conetoe�Farm N.C. 42 East of Conetoe � dgecgmbe County Registration # 033'_ 52 7��- s 6)1 Attached is a proposed loss of deemed permitted status letter for review. Also attached is a copy of the August 9, 1995 inspection letter sent to R.H. Mohesky, and their August 10, 1995 response. A pipe was found in the dam of the lagoon, discharging to a drainage ditch leading to surface waters of the State. We recommend that this letter be presented to the Director for signature as soon as possible. An enforcement action for the pipe in the dam will be forwarded to you in a few days. If questions please call. h:\animal\mohesky.mem State of North Carolina * Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Boyce A. Hudson, Regional Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R.H. Mohesky Clover M Farms, Inc. P.O. Box 215 Sharpsburg, NC 27878 Subject: LOSS OF DEEMED PERMITTED STATUS WOO �EHNR NOTICE OF VIOLATION As Per 15A NCAC 2H .0217(a)(1) Clover M Farms, Inc. - N.C. 42 East of Conetoe Edgecombe County Dear Mr. Mohesky: Animal operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of ay wastewater from the operation to the waters of the State. During an inspection of your swine operation facility located on NC 42 north of Conetoe, on July 27, 1995 a pipe was observed in the dam of the lagoon. A followup inspection on August 4, 1995 showed this pipe discharging to surface waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is therefore no longer deemed permitted as a nondischarge facility under 15A NCAC 2H .0217. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed to ensure there will be no future discharges; 3)send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 An Equal Opportunity Affirmative Action Employer Telephone 919-571-4700 FAX 919-571-4718 60% recycled/ 10% post -consumer paper Mr. Mohesky Page 2 Division of Environmental Management Water Quality Section Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Region at 919-571-4700 or Dianne Williams Wilburn at (919) 733-5083, ext. 232. Sincerely, A. Preston Howard, Jr. P.E. cc: Judy Garrett Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Planning Branch Operations Branch h :1 animal\ mohesky. . ldp State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director R.H. MOHESKY CLOVER M FARMS INC - CONETOE FARM PO BOX 215 SHARPSBURG NC 27878 Dear R.H. Mohesky: r C NORTH CAROLINA DEPARTMENT OF i ENVIRONMENT AND NATURAL RESOURCES Sf �e, �^ 1utl 11 r 1f February 4, 20001 F1 Subject; Application No. AWS330052 Additional Information Request ,C1 over_M' F.arms.Inc.-.C6netoe_ Farm Animal Waste Operation fd- ce oin e.County, The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by March 5, 2000: 1. lagoon capacity documentation (design, as -built calculations, etc.) are missing for this facility. Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. 2. The irrigation parameters listed in your Waste Utilization Plan (WUP) exceed current recommendations. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. The application events listed in your WUP appear to be out of the Sprinkler Irrigation Guide. The Application Amounts listed in this guide have not been adjusted for the application of animal waste. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. If your application rates need to be adjusted for the application of animal waste, please have your Technical Specialist revise your WUP to reflect the appropriate application amount per event. If the rates exceed the recommended one inch, please have your Technical Specialist justify the increased application rate in the narrative of your WUP. 3. Operation and Maintenance Plan for the lagoons on this facility is missing. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before March 5, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, JR .Yoshi Non -Di charge Permitting Unit cc 'Raleigh Regional -Office, Water` Quality Fern t File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper f DIVISION OF ENVIRONMENTAL MANAGEMENT ENFORCEMENT CASE ASSESSMENT FACTORS Type: (DD) Violation of permit 15A NCAC 2H .0200 Violator:Registered Agent: N/A (Mohesky Address: P.O. Box 215 Address: N/A Sharpsburg, NC 27878 Regional Office: Raleigh 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: The extent and degree of damage to the environment is undetermined at this time. Public health will likely be compromised if contact with the animal waste in the waters of the State occurs. In addition, waste will likely increase stress to downstream biota and could elevate mortality rates. Private property damage has not b e e n documented. 2. The duration and gravity of the violation: The discharge was estimated at a minimum of 5 gallons per minute. Due to time constraints, approximately 5 days elapsed from the time the discharge was observed by the local NRCS agent A.B. Whitley to the time of inspection by DEM. Mr. Mohesky's office was informed of the inspections. However, Mr. Mohesky's staff informed the DEM inspector that he would be out of town until after the Thanksgiving holiday. Consequently, the discharge is presumably still occurring. In addition -to the illegal discharge of wastewater to surface waters of the State, it was also observed by DEM and NRCS staff that this facility has a manmade conveyance (4 inch white PVC pipe) in the lagoon dike. 3. The effect on ground or surface water quantity or quality or on air quality; The affect on surface water quality as a result of this discharge includes excessive additions of nutrients, pathogens, and lowered dissolved oxygen levels to Corn Creek. 4. The cost of rectifying the damage: Damage to Corn Creek is unknown at this time. No immediate reports of dead or distressed downstream aquatic fauna (i.e. fish, amphibians, etc.) has been received. However, 'as a result of this point source pollution input, Corn Creek (Class C-NSW) and the R.H. Mohesky Page 3 9. Mitigating circumstances: There are no circumstances whatsoever which warranted the continuance of an illegal discharge to surface waters of the State after it had been brought to Mr. Mohesky's attention. Again; Mr. Mohesky's record seems to indicate a pattern of wanton disregard towards State Statutes and rules regarding the responsible management and operation of animal facilities. 10. Assessment factors: a) IWC - Unknown b) Receiving stream: Class C-NSW c) Damage (Yes or No)? If yes, include report from WRC. 11. Include a complete Animal Operations Inspection form. 12. Include a Loss of Deemed Permit Status letter for the Director's signature (will be sent to violator). OPERATIONS BRANCH WO Fax:919-715-6048 May 7 '96 15:01 P.01/17 State of North Carolina ' ' Department of Environment' Health chd Natural Resources,: Jcrnes40!'HL�nt, Jr., Go,vgmor r ionotha:n 5. Howes,.5eG'etary, ; Sleven J. Le vitas, Deputy Secretary Division a(Ehvii6m' ental Management } ` ; Wcrter Quaiity Section r ' d P.O. Sox 2935 Raleigh, N.C. 27626-C'�5 FAX:(919) 733-9919 - , FAX TO:•�, rr�-� 1 %: .}+ l-l':OM: / ItJ Y7 3�1 t� V1 '^ r�;�"� 'p- PHONE: (419)'733�5083 ` 776) NO. OF Pr•GFS,INCLUDING THIS S4E'T' A.A{� SS I,� Sir j `�i'� y S �IQ}�'� 4 - i it ok An EQuar jrtuni y Aftirmc lion Employer OPERATIONS BRANCH - WO Fax:919-715-6048 - N OR n 'CARO LINA 4. EDG•ECONJBE C0IJNTS' May 7 ' 96 15 : 07 P. 14/17 NORTR.-Ckk6LINA. ENVIRO.- MENTAL ? MANA,G6kNT COMmIsCF N. IN TTIRA4,TTER OF: �`" � •' ,� ; ,"' ����G�O 4 � �� CLO`'ER M FARMS,rNC. �< �, =, ) ' ', �•; pp eE��`���`;C3. W��,�i`O; �N FOR FOR. VIOLATION OF ten;;:, i �. }� ADVCTNISTRATIVE HEARING G.S 143-?15(e) CnNSTRUCTING' A CONVEYANCE FOP, WI. I -FULLY, I)1SC1-L4aGING POLLUTANTS TO WATERS OF THE STATE ' a .' •i 1 sky,. .. f��"��;.;A NOW COMCS the Pctiti6ner.herein, through counsel, inapt, time response to the 'Findings and I)ec:isionand tl.sse'ssriient of Civil -Penalties served on the Petitioner. by A. Preston Howard, Jr., P.S,' Director ofthe :Division 6' Pt8nvironmental iManagement,,,and requesting a hearing on said findiriss, conclusion, and decision, petition th&Coiniiiissft,ion pursLlit to�Chapter 150l3 of the General `Statutes of North Carolina for' an -adrnin.istrative.hearing, arid' ir, support thereof, show the following; y; w 1, The allegations in paragraph A oftheTih"diri&s'ofFact are admitted.` 2. The allegations in paragraph of the Findings'gf•Fact are admitted'.`, 3, The Petitioner has no'knowledge4prAielief as to the allegations in paragraph C of the Findings of Fact, anct,-they are therefore denied., 4. The allegations in paragraph D of the Findings of Fact are denied; As to any discharged pollutants, if such dlscharge'occurred, it is:specifically,:denied,.that such action was willful. 5. The Petitioner has no knowledge or belief as_to:the. allegations in paragraph, E. oftlie Findings of Fact, and they are therefore deniei;i'-';:x,`: 6. The allegations in paragraph A ofthe Conclusions of Law are admitted.. 7. The allegations in paragraph B of the Conclusions of Law are admitted. The allegations in paragraph C of the Conclusions of Law are denied, It is specifically denied that any conveyance was willfully constructed for the purpose of discharge of pollutants into waters of the state. UPEHHl10NS BRANCH - WO Fax:919-715-6048 May 7 '96 15:08 P.15/17 9. The allegations in paragraph D of the Conclusions .6-fLaw are denied. 10. The allegations in paragraph E of the Conclusions of. -Law are denied. 11'.- The allegations:ipip4ragraph B.-of the ConcluGiUns of Law are denied. by WAY OF AN AFFIRK'AtAt''•SHO' WING OF THE Petitioner and pursuant to N,C.G:S. § t SOB-23(a), the Petitioncs alleges and says: N r 12, The Petitioner commenced,:operation of the farm in March, 1990, The hog facility, incki oiflg the lagoon�in;cluestion;,,was existing on the property at that time, 7'he�t _ Petitioner.was not aware oi':the"drain pipe in question at coinincnccincnt. D,Ljring th6-,.. period since it started operation t)fithe facii]ties, the Petitioner has upgraded them and continuously attempted to operate the farm in a manlier that complies with all 5 current governing regulations and„good stewardship. 1 y _« 13, The first awai'eriess that the P&Itionerhad of the drain pipe was when it.was brought to its attention by�the inedia. s. Located by soMeone froth The Departrhent of Environment, Health, and Natural Resource's office during a routine inspection: B.ascd•on'the 4' tl c investi�ai:ion of the Petitioner, at -the time the drain pipe was placed in,the lagoon it did•not violate•any iyoverning regui'ations. At that time, such construction was acceptable and a.common practice..'Thc;pipe was located in an area that was not readily accessible. It was hidd6ft by the.naiiiral vegetation of the area including -grass and -.shrubbery -like overgrowth, Had the Petitioner been aware of the pipe, it,-vvould have' immediately, corrected the problem, 14, The Petitioner was not•aware" of the situation•unti] Friday, ugilstr4, 1995. The following day, on what'is-norntally a non -business day, the''ietitioner had located a contractor, The pipe was ]inmediately removed and the lagoon was repaired in a workmanlike mariner. It now conforms to all regulatory requirements. 15, .Any discharges were nominal at most. ,.An `inspection of the immediate area of the ..ra f- c.sc:agc a:d geinr`• a dn ie. t ert t N. were no resulting damages or harm to the natural resources of the State arising from this event- Nor has the event resulted in any.darnages that 1ray-be incremental or cumulative or that cannot be immediately observea_,�1� . 1.6. Any violation of the North Carolina General Statutes, if any occurred, was' " unintentional and has been corrected. A review of the facts and the circumstances of this incident together with the prompt response of the Petitioners justify a determination that no enforcement action was justified. 17. The factors required by N.C-G.S. § 143B-292.1(b), or any combination of them, are not supported by the occurrences during the period in question, Based on the actual facts as partially set out herein, the Division of Environmental Management had no UFI INrlI iUIYJ ommigL-H - wu rax:131IJ-(15-bU48 ' . May 7 '96 15:08 P. 16/17 justification for its efforts'to levy fines; penalties or"costs on the Petitioner. 18. As a result'of the actions of the Division of Environmental Management, the � Petitioner has been, deprived, its:property; has been ordered to pay a civil penalty, and will•thereby., 'e sirbstar�tialIy.piejudiced. . . :.-•;. • :i 19• Based .on its actions, the Division of Environmental Management has: a.. Exceeded its at�th6rity,and:jurisdiction; 4. b• Acted erroneously; c. Failed to use proper procedure; d. Acted arbitrarily, and capriciously; and e. Failed to act.as:required by law,'or rule. >i WHI=REl~QRE, the Petitionerprays` therCorninission as follows: ii�Y,•. a ,', e � , .I, + 1_ That the findings of the Director of the Division of Environmental Management be declared to be erroneous and all assessments of fines; penalties, and :costs be remitted.' 2. Alternatively, that the civil penalties and"costs be mitigated to,ansamount as more reasonably supported by the facts found by this Commission. rir' 3. That the Petitioner have such other -'and further.relief as providEd"by law and as the Commission deems just and proper. Date: ?f - if 14� Attomeyfo -Clover M Fauns, 1Inc. State Bar N0:15664 WALTER L_ HINSON, P.A. P.O. Box 7479 Wilson, NC 27895-7479 (919) 291-1746 dov.•1'1nlp cudm.hem OPERATIONS BRANCH -- WQ Fax:919-715-6048 May 7 '96 '15:09 P.17/17 -CERTIFICATE OF SERVICE:=,,:r I, WalterL. Hinson, ofP. 0. Box 7479, Wilson, North Carolina, certify: That I am, and at all times hereinafter, mentioned was, more than eighteen (18).years of age: That on-'"C , Imailed a copy,of the foregoing Petition for Administrative Hearing, by depositing copies thereof in the United States mail, first class mail, post -flue prepaid, in an envelope-addressed%as shown below. I certify under penalty of perjury,tliat,the foregoing is true and correct. Dated: h` y,,Walte -Lf4insoh °State Bar #5664 ; 'Walter L. 13inson, P.A. j; P. Q- Box 74,79 Wilson, NC - 27995-7479 (9I9)-291-1746. RECIPIENTS: , Mr. Ricliard Whisnant Office of General Counsel1' NCDEHNR P.O,- Box 27687 Raleigh, NC 27611 Mr, A. Preston Howard, Jr., P.E., Director f , State of North Carclira't Department of Environment, Health and Natural Resources ; Division of Environmental Management P-O. Box 29535 - , Raleigh, NC 27626-0535 SUMMARY OF CLOVER M FARMS, INC. February 23, 1996 To: Ken Schuster Regional Supervisor Aj l From: Judy Garrett Regional Water Quality Supervisor Below are farms that R.H. Mohesky/Clover M Farms owns and opera s. Farm Name County Location Farm #� Moore Wilson SR 1501 98-37' Thigpen/Saratoga Wilson SR 1534 98-39- Conetoe Edgecombe Hwy 42 E 33-52- Swift Creek Nash Hwy 301 Bus. 64-67 H.J. Edgecombe SR 1126 33-27 On 1/ IS the Conetoe Farm was found to have a pipe in the dam that was discharging to surface waters of the State. Also, the farm expanded after the December 31, 1993 cutoff date without the required waste management plan prior to hogs .being placed on -site. Enforcement actions have been prepared for both of these It violations. A return inspection on has found ......9ige �lL�,�Y G � T•� On S the farm located on SR 1126, Edgecombe County, was ,cv,% ww+ found to be discharging wastewater to surface waters of the State.11,p4y_Qf- A pipe in the dam was also observed. An enforcement action has ten"NA+6 0 d been prepared for this violation. A return inspectiont on fcUn�16 has found........ C) cAA61').- ???The other three farms have been inspected and compliance was observed. ???? Attached is information concerning other operations that are owned by persons other than Mohesky, yet Mohesky "� ��e IjCJS m fiLjft o�Ap S. Problems noted at these facilities are summarized ( [.e, URrr1a4j We believe that the violations noted indicate a distinct pattern of poor management at Clover M Farms. We offer this information as evidence that considerable environmental impact may be caused by the Clover M Farms conglomerate. Please consider this information SUMMARY OF CLOVER M FARMS, INC. February 8, 1996 To: Ken Schuster Regional Supervisor From: Judy Garrett `a Regional Water Quality Supervisor Below are farms that R.H. Mohesky/Clover M Farms owns and operates. Farm Name County Location Farm # Moore Wilson SR 1501 98-37 Thigpen/Saratoga Wilson SR 1534 98-39 Conetoe Edgecombe Hwy 42 E 33-52 Swift Creek Nash Hwy 301 Bus. 64-67 H.J. Edgecombe SR 1126 33-27 The Conetoe Farm was found to have a pipe in the dam that was discharging to surface waters of the State. Also, the farm expanded after the December 31, 1993 cutoff date without the required waste management plan prior to hogs being placed on -site. Enforcement actions have been prepared for both of these violations. The farm located on SR 1126, Edgecombe County, was found to be discharging wastewater to surface waters of the State. A pipe in the dam was also observed. An enforcement action has been prepared for this violation. Attached is other information concerning Mohesky operations that are owned by persons other than Mohesky. Problems noted at these facilities are summarized. We believe that the violations noted indicate a distinct pattern of poor management at Clover M Farms. We offer this information as evidence that considerable environmental impact may be caused by the Clover M Farms conglomerate. Please consider this information carefully. If you have questions concerning this information, or require additional information, please notify us. clover.mem carefully. If you have questions concerning this information, or require additional information, please notify us. clover2.mem CLOVER WM FARMS, Inc. P. O. Box 215 • Sharpsburg, North Carolina 27878 • Telephone (919) 977-7881 October 19, 1995 Mr. Kenneth Schuster, P.E. Regional Supervisor State of North Carolina Health and Natural Resource 3800 Barrett Dr. Suite 101 Raleigh, NC 27609 Subject: Notice of Violation Hog Operation - William Langley Farm SR 1146 Edgecomb County Dear Mr. Schuster: It has come to my attention that there may have not been a written response to the Notice of Violation on the here in referenced farm due to the confusion as to owner/operator in the notification. The following action has been completed: 1. The lagoon has been pumped and required freeboard is being maintained. 2. Information has been forwarded to NRCS and farm plan requested. 3. The discharge in the drainage ditch observed by the inspector is not understood and will need further explanation and consultation before it can be addressed. Respectfully, R. H. Mohesky Farm Operator Clover M Farms, nc. SEP 01'95 10:47 N0.001 P.01 CLOVER M OHMS'INC. ID:919-977-4578 i .It Facsimile Cover Sheet To: .c7f�S Company: tegow( -f47M kffa•t Phoney: / Fax. �J � )fQ ' -s J 1 . From: R. H. Mohesky Company: Clover M Farms, Inc. Phone: 919-977-7881 Fax: 91 9-977-4578 Date: o1 Pages Including this cover page: Comments: �/�, Uw7iA1,W.4 w c-�J- v-/ w t� ,� 1 f- eAO j/l�a•Y cry G C'�rl/CC,��vs ��11Z o,tin :/o'a ct s � ��-`gip .4.14 �. t&0411 � Q Go ie l Lip+ / -C 16 leg d� /l r CLOVER ICI FHMS, IHC W/� tea. SEF 01'95 10 4IV001 P.02 ID:919-977-4578 C 361 490� pIL lb D 6ed //'v) t� oo } ,Jkit6W,/d&) ►/ State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director June 1, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED R.H. Mohesky Clover M Farms Inc - Conetoe Farm PO Box 215 Sharpsburg NC 27878 / • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No..AWS330052 Additional Information Request Clover MFarms Inc - Conetoe Farm Animal Waste Operation CEdgecombe-County.. Dear R.H. Mohesky: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 1, 2000. Your animal waste management plan certification shows you have 3 lagoons at this facility with a total of 174,117 cu. ft. capacity. In response to our request for additional information (as built or design calculations), you have submitted documentation o show only 1083 cu yd (29, 241 cu ft) of storage available. This volume appears low for even 90-day storage. Please clearly state how many lagoons are on your farm and show calculations for each of those lagoons that shows the storage volume in each lagoon. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before July 1, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you ha` eany- questions.regarding:this� request, please call me at (919) 733-5083, extension 363. juN _ 2 2OQ6 Sin erely, t�EIINR RAI ElGM RE GIBAL OFFICE JR Joshi Soil Scient" t Non -Disc ge Permitting Unit cc: Raleigh Regional Office, Water Quality Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources D'vision of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director R.H. Mohesky Clover M Farms Inc - Conetob Farm PO Box 215 Sharpsburg NC 27878 Dear R.H. Mohesky: `1-. 4 20oCDENR o N NORTH CAROLINA DEPARTMENT OF . ENVIRONMENT AND NATURAL RESOURCES September 27, 2000 Subject: Certificate of Coverage No. AWS330052 Clover M Farms Inc - Conetoe Farm Swine Waste Collection, Treatment, Storage and Application System Edgecombe County In accordance with your application received on November 18, 1999, we are forwarding this Certificate of Coverage (COC) issued to R.H. Mohesky, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Clover M Farms Inc - Conetoe Farm, located in Edgecombe County; with an animal capacity of no greater than 400 Farrow to Wean and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). . The COC shall be effective from the date of issuance.until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. The facility's CAWMP meets all requirements in place at the time of certification. However, it appears that the irrigation system on site may not adequately cover all acreage listed in the Waste Utilization Plan. The owner should address this inconsistency as soon as possible 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS330052 Clover M Farms Inc - Conetoe Farm Page 2 Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Raleigh Regional Office. The Regional Office Water Quality Staff may be reached at (919) 571-4700. If you need additional information concerning this COC or the General Permit, please contact JR Joshi at (919) 733-5083 ext. 363. Sincerely, Kerr T. Stevens cc: (Certificate of Coverage only for all cc's) Edgecombe County Health Department Raleigh Regional Office, Water Quality Section Edgecombe County Soil and Water Conservation District Permit File NDPU Files State of North Carolina R Department of Environment and Natural Resources�r �! gsEp Division of Water Quality �v _c TION Non -Discharge Permit Application Form (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) NOn.D/ r General Permit - Existing Animal Waste Operations ha�8 N,rniv/79 The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections that are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: 1.1 Facility Name: CIover M Farms Inc - Conetoe Farm 1.2 Print Land Owner's name: R.H. Mohesky 1.3 Mailing address: PO Box 215 City, State: Sharpsburg NC Zip: 27878 Telephone Number (include area code): 977-7881 1.4 County where facility is located: Edgecombe 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): From Conetoe take Hwy. 42 E. approx. 2 miles turn right in 1.6 Print Farm Manager's name (if different from Land Owner): 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): Clover M Farms Inc. 1.8 Date Facility Originally Began Operation: 01/01/90 1.9 Date(s) of Facility Expansion(s) (if applicable): it/Q AA e-- 2. OPERATION INFORMATION: 2.1 Facility No.: _33 (county number); 52 (facility number). 2.2 Operation Description: Swine operation Farrow to Wean 400- Certified Design Capacity Is the above information correct? •991 yes; 0 no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum number for which the waste management structures were designed. T e_yQ of Swine No. of Animals Type of Poultry No. of Animals Tvne of Cattle No. of Animals • Wean to Feeder • Layer • Dairy • Feeder to Finish • Non -Layer • Beef • Farrow to Wean (# sow) • Turkey • Farrow to Feeder (# sow) • Farrow to Finish (# sow) Other Type of Livestock on the farm: 444 �f ��i_ No. of Animals: IS FORM: AWO-G-E 5/28/98 Page I of 4 33 - 52 3. 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 17.3 ; Required Acreage (as listed in the AWMP): 12.2 2.4 Number o agoons storage ponds (circle which is applicable): _ 2.5 Are subsurface drains present within 100' of any of the application fields? YES circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES:k(please (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards etc.) (Swine Only) YES NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? 11 What was the date that this facility's land application areas were sited? 9 REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field Iocations where animal waste is land applied; /�i4'►L 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components. Some of these components may not have been required at the time the facility was certified but should be added to the CAWMP far permitting purposes: 0:3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. %-!0.2 The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) v3':3.3 A map of every field used for land application. &-3:3.4 The soil series present on every land application field. 6. '�.5 The crops grown on every land application field. ��6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. '�S i.7 The PAN applied to every land application field. v3The waste application windows for every crop utilized in the WUP. 0. .9 The required NRCS Standard specifications. /3. 10 A site schematic. 11 Emergency Action Plan. 13.12 Insect Control Checklist with chosen best management practices noted. 13 Odor Control Checklist with chosen best management practices noted. 4 Mortality Control Checklist with the selected method noted. kg'3,15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications �,Xlthat may be applicable to your facility. 6 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. FORM: AWO-G-E 5/28/98 Page 2 of 4 33 - 52 Facility Number: 33 - 52 Facility Name: Clover M Farms Inc - Conetoe Farm 4. APPLICANT'S CERTIFICATION: I, RECEIVED tVATER QUALITY SECTION NOV i n Non -Discharge Permitting E 7�blx (Land Owner's name listed in question 1.2), attest that this application for r g2'beS1A e, t�n (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed an t t if all required supporting information and attachments are not included, this application package will be returned to me as Apiop%_7 Signature Date A/ �+�". 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 733-0719 FORM: AWO-G-E 5/28/98 Page 3 of 4 33 - 52 i' 0' �� ­­6J _7015 Producer: P,, H, ma pesky ItC. one -sae'' Location: Iwo r►,%;ies nor.-+k cc Coked-ot o� �-��, �Qs� S,•o[e a � N.C.. 4 2. , /y Telephone: • 11- 117 -7?9'! TYP6 operation: 5wtKe umber of .Animal Units: LA o n S o uis The waste from your animal facility must be land applied at a speckfied rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to. be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. "Several factors are important in implementing your waste utilization plan,., in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities.. Normally waste shall not be applied to land eroding at greater.than 5 tons._. per acre per, year.. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils or on land when the surface• is frozen. Either of these conditions may result in runoff to surface waters. Either of these conditions may result in runoff to*surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop ,production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied•to:bare gr`Qund not more than 30 days prior to planting. Injecting the Waste',.or disking .will conserve nutrients and reduce odor problems."+. The estimated acres needed to apply the animal waste is •based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management commission Amount of- Waste Produced Per Year igallonss -tons.etc. _- ....... .. . -animals X3103gal. waste/animal/year = t z 0 2 00gals. waste/year. Amount of Plant -Available Nitrogen (PAN) Produced Per Year 400 - animals X S. y lbs. PAN/animal/year 2. b lbs. PAN/year. ' (PAN from N. C. Tech. Guide Std. 633) !WJ e-4 Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES -OWNED BY PRODUCER Tract Field Soil_ Crop Lbs. N Acres If No. Type Per Ac.* 9247 Grut,, Lbs. N Month of Utilized Application oil MOT ` �W I Total 17, 3 * This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic „yield expectation - NOTE: The applicator is cautioned that P and K may be over applied while meeting the.N requirements. Beginning in 1996, the Costal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. NOTE: 400es a. Cal x1r Table.2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [.see Required Specification 2]). Tract Field Soil Crop Lbs. N Acres Lbs. N Month of ,# Type Per Ac.* Utilized Application *See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 e Table 2 Total Amount of N Produced 4 t 6 0 sus or Deficit - 6 ` NOTE: The Waste Utilization Plan must contain provisions for periodic land ' application of sludge at agronomic rates. The sludge will be nutrient rich and will require• precautionary measures to prevent over application of nutrients or other elements. See attached map -showing the fields to be used.for the utilization of waste water. Application of Vaste by Irrigation Field No. Soil Type Crop Application Rate(In/Hr) Application Amount(In.) 3 I Zgo OFX.«,a o. B Q, F4,G..— o. S j. b This table is not needed if waste is not being applied by irrigation, however a similar table will be needed for dry ,litter or sludge. Your facility is designed for 9 D days of temporary storage and the temporary storage must be removed on the average of once every 3n.5kk;- In no instance should the volume of waste being stored in your structure . exceed Elevation S 4. 14 Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of Operation: $ 4a--f- i�u-«�P l GvG ( Gtty s�u Step ;. it e fcv 5$.0 REQUIRED SPECIFICATION'. 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. illegal discharges are subject .to the assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. d 2. -The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land on which to'properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement (sample enclosed) with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet but not exceed, the Nitrogen needs for realistic crop yields on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application of other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used, the -soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be'in addition to "Buffers" required by DEM. (See FOTG Standard 393 -- Filter Strips and Standard 390 (Interim) -- Riparian Forest Buffers.] 5. Odors can be reduced by injecting the waste or disking &fter waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the Technical Reference -- Environment file for guidance.) 7. Liquid Waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur off site or to surface waters -and in'a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and provide uniformity of application. 8, Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall.be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered by solids. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crops planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. t 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet from water wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be•applied in a manner not to reach other property and public right -of --ways. 15. Animal waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by overspraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, and only then at agronomic rates provided the application causes no runoff or'drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain .�) a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to the one (1) foot mandatory freeboard. 10. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon.embankments, berms, pipe runs, etc.).'. If, -needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should.be kept mowed.and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills, A regular maintenance checklist should be kept on site. 1 I i WASTE UTILIZATION PLAN AGREEMENT}}'' ryry�� Name of Farm: "coy,+aet" R.14. /• e4pS Owner/Manager Agreement I (we) understand and will follow and implement the specification and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design .capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management (DEM) before the new animals are stocked. I (we) also understand .that there must be no discharge of animal waste from this system to surface )waters of the state from a storm event less severe than the 25--year, 24- hour storm. The approved plan will be filed on --site at the farm office and at -the office of -the local Soil and Water Conservation District and will be available for review.by DEM upon request. Name of Facility Owner;(Please signature: print) 4", Date: 1711 Name of Manager (If different from owner: Signature: Technical Representative: (Please print) 13. Wei; Pe Affiliation: PACs Address (Agency); _ j? C1. BOX 1 fi T4 a v ad l (l C.• Date: i Signature: a•s - KE' fit/ Date: V4?-Z2 tZ WW9 IPAGb �� LEASE AGREEMENT THIS CONTRACT, made and entered into this 30th day of March, 1997, by and between Bobby Carlisle and Earl Roberson, hereinafter referred to as "Lessor", address P. O. Box 7, Conetoe, North Carolina, and CLOVER M FARMS, INC. a North Carolina corporation, hereinafter referred to as "Clover M", of Rocky Mount, Wilson County, North Carolina. WITNESSETH: That subject to the terms and conditions herein set out, Lessor hereby lets and leases unto Clover M and Clover M doth accept as tenant of Lessor certain real estate, including access road, in Edgecomb County, known as Carlisle Roberson Farm, off Hwy. 42 East of Conetoe consisting of 20 acres, more or less, of Pasture Land. The terms and conditions of this Lease are as follows: 1. This Lease shall begin as of the 1st day of April 1997 and unless sooner terminated as herein provided, shall exist and continue. At any time during the term of this Lease either party may cancel the agreement upon notice of b months given in writing to other party. 2. Clover M will pay $1.00 and other goods and services. 3. It is further agreed and understood that Lessor will sign an Animal Waste Utilization Agreement as a part of this lease Agreement herein attached as exhibit A. • 4. Lessor shall be responsible for all ad valorem taxes on the real property and improvements and Clover M shall be responsible for ad valorem taxes on the livestock. Each party shall maintain adequate insurance on its respective assets. 5. Any controversy or claim arising out of or related to this Agreement, or any breach thereof, which cannot be resolved between the parties within thirty (30) days following the giving of notice of such controversy or claim by one party to the other, may be submitted by either party to final and binding arbitration in accordance with the rules and regulations them obtaining of the American Arbitration Association. 6. This Agreement shall be binding on the respective heirs, assignees and other successors in interest of the parties. IN =TESTIMONY WHEREOF, said parties have executed this contract in duplicate originals, one of which is retained by each of the parties, the day and year first above written, ..(Corpor4te Seal) ATTEST: f" Secretary /IOWED',.IA t� } (SEAL) Lessor CLOVER M FARMS, INC. By: President ANIMAL WASTE UTILIZATION PLAN ANIMAL WASTE UTILIZATION AGREEMENT (Needed only if additional land has to be leased, etc.) I, &6j-- 06i oar 9 hereby give &&WCh W arc permission to apply animal waste from his Waste Utilization System �n 0 acres of my land for the duration of time shown below. '�/4.IVhe field(s) on which waste can be applied are shown on the fr attached map. 41Ad'rfG Ifivd44fo.N Q I understand that this waste contains nitrogen, phosphorous, potassium, and other trace elements and when properly applied should not harm my land or crops. I also understand that the use of waste will reduce my need for commercial fertilizer. Adjacent Landowne�( Date 4/' Waste Producer: Date. 149 Technical Representative: SWCD Representative: Date: Date: Term of Agreement: A4d 1997 to 670 , f/ c.4Arec�aCJ (ki imum of Ten Years on Cost SharZ It s ) .,',< ("0.0 Alct'- t"t- (See Required Specification No. 2.) Page: 10 a ANIMAL WASTE UTILIZATION PLAN STATE OF NORTH CAROLINA COU , a Notary Public of said County, do hereby certify that i personally appeared before me this day and acknowledged the due' execution of the foregoing instrument. ��!L WITNESS my hand and official seal this _ �C�C.�J day of rYz , 19 q 7 My commission expires']_ (/ Notary Public. (SEAL) . Y,. Page: 11 IS 1. " ication Animal Waste Management Plan Certif (Please type or print all information that does not require a signature) - - . Name of Farm: R . N o%f iv S k 0 Facility No: 33 - 5 Owner(s) Natne: Phone No: Q911�), 1-2-7 - -7 ee3 Mailing Address: �_ o 7,CX 2 i S►-lA �53�r� v-►L _ �� 3 t5 Farm Location: Fourteen Digit Hydrologic Unit:. U 3 UZ o 1 a 3 c Sy CD 3 C.) Latitude and Longitude: 35" �� f' 1 =° ;).5 ' c7G " County: Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, Imilepost, etc.): k!w-i „Li Z CASs ;�F'.- Qperation Description: Type of Swine No. of Animals O Wean to Feeder 0 Feeder to Finish ,Farrow to Wean 4 nxn 0' Farrow to Feeder ❑ Farrow to Finish Type of Poultry 0 Layer 0 Pullets No: of Animals Type of Cattle No, of Animals * Dairy O Beef Other Type of Livestock; Number of Animals: Acreage Available for Application: 1 3 Required Acreage -.- Number o agoons Storage -Ponds: 3 ' Total Capacity: 122, 11 7 Cubic Feet (ft3) Are subsurface drains.present on the farm: YES or 0 (please circle one) Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and". storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through -a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modificadon .must be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved plan is changed) withirf60 days of a title transfer. Name of Land Owner E �- Signature: Date: Name of Manager(if different from-owner):K4Y- Signatu Date: 1 � AWC -- April 24, 1996 I t;cuiiical ��1t 1 1c1115L l.f:I L1111 ciL1Ui1 1. As a technical specialist designated by the North Carolina Soil and Water Conservation Comrission pursuant to 15A NCAC 6F .0005, 1 certify that the animal waste management system for the farm named above has an -animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEM) as specified in 15A NCAC 2H.0217 and the USDA -Natural. Resources Conservation Service (MRCS) and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and' 15A NCAC 6F .0001-.0005. The following elements are included in the plan as applicable. While each category designates a technical specialist who may sign each certification (SD, SI, WUP, RC, I), the technical specialist should only certify parts for which they are technically competent. IL Certification of Design A) Collgcti6 n. StorazgiTreatment System Check the appropriate box ❑ .; Existing facility -without retrofit (SD or WUP) Storage volume is adequate for operation capacity; storage capability consistent with waste utilization requirements. New. expanded or retrofitted facility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications.. Name of Technical Specialist (Please Print): �n . 1 . wL-k t7��-� Zr Affiliation: NRC s Address (Agency): -Y,T3. Tac , io -rA\aboRo, "c_ C)-76 +,Phone No.: Signature: D. -/j, (.t). - - _ Date: IZ111/ 7 B) Land Application Site (WUP) The ,plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management; hydraulic and nutrient loading rates. Name of Technical Specialist (Please Print): Affiliation: Address(Agency): Phone No.: Signature: Date: C) #runoff Controls from Exterior Lots Check the appropriate box O' FacilitXwithout exterior Iots {SD or WUP or RC) -This facility does not contain any exterior lots. ❑ Eaciiity with exterior lots (RC) . Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by NRCS. Name of Technical Specialist (Please Print): w , Affiliation: Address(Agency), a 7Ar23OZZ 2, ►.x. 37�1'hone No.: 014' 6 q I- 79 ao Signature•: Date: 1 z f 1_ q 7 AWC -- April 24, 1996 D) I' nt Check the appropriate box l" xi tin g -facility with existing waste applicajonequipment - (WUP or I) _ , Animal waste application equipment specified in the plan has been either field calibrated or evaluated in,accordance with existing design charts and tables and is-616to=apply`waste as necessary to accommodate the waste management plan: (existing applicatiorrequiobnent can cover the area required- by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has. been established;.,required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). 0 N w or ex anded facilit • or existing facilily without exi tin wa te application a ui ment (I) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established; required buffers can be maintained; calibration and adjustment guidance are contained as part of the plan). .Name of Technical Specialist (Please'Print):_ A • W k E'Tz-&Y e _ Affiliation:' NRCS Address(Agency): o - _60A - 10 TA28oazL ..�c a� phone No.• C91 y) 6 q/7 7g� U Signature: �► : , C� Date: IL1111.7 III. Certification of Installation -A) Colle&m Storage, Treatment Installation New—exp—anded or renfitted facili (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofts, no certification is necessary. Name of Technical Specialist (Please Print): ,A a (,j k r --,--- y , Affiliation: RCS' Address(Agency): R. o . r73 ie 7426v2o nrrQ,� Phone No.: C 1/�� !o y/" 7�o c) Signature: _ 1,�) _ Date: Z iI AWC " April 24, I996' Check the appropriate box U The cropping system is in place on all land as specified in the animal waste management plan. C Conditional Approval: all required land as specified in the plan is cleared for planting; the cropping system as speed in the waste utilization plan has not been established and the owner has committed to establish the vegetation as specified in the plan by (month/day/year); the proposed cover crop is appropriate for compliance with the waste udlization plan. ❑ -Also check this box. if appropriate if the cropping system as specified in the plan can not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Name of Technical Specialist (Please Print): Affiliation: , Address(Agency): P �, r3����`��---i��D TA��3U,�c' , r �i�6'� Phone No.: �gl17) Signature: . �i= . Gu) Date: 1 2f %l�? 7 This following signature block is only to be used when the box for conditional approval in M. B above has been checked. I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certification, i (we).realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: Date: Name of Manager(if different from owner): Signature: Date: C} Runoff Con=li from iLots (RC) Facility with exteri,gr.lots Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as.specified in the plan. For facilities without exterior lots, no certification is necessary. Name.of Technical Specialist (Please Print): Affiliation: Address (Agency): Phone No.: Signature: Date: - AWC -- April 24, I996 4 D) Application and Handling Ecilipmgni installation (WUP or 1) Check the appropriate block Mr"Animal waste application and handling equipment specified in the plan is on site and ready for use; calibration and adjustment materials have been provided to the owners and -are contained as part of the plan. ❑ Animal waste application and handling equipment specified in the:plan has not been installed but the owner has proposed leasing or third party application and has -provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Cl Conditional approvalAnimal waste application and handling equipment specified in the plan has been purchased and will be on site and installed by (month/day/year); there is adequate storage to hold the waste until the equipment is installed and until the waste can be land applied in accordance -with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Name of Technical Specialist (Please Print): rLe/.. �r Affiliation: Address(Agency): /0 TA23oRo nrr— - �� Phone No.: C911>. 6yp"79vv Signature: _ Q 79 • C-C,) � � _ Dater 1019 7 The following signature block is'only to be used when the box for conditional approval in III D above has been checked. I (we), certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management plan and will submit to DEM a verification of delivery;and installation from a Technical Specialist within 15 calendar_days following the date specified in the conditional certification. I (we) realize, that failure to submit this verification is a violation. of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: !lure:� CJ _ _ 1 Da Please return the completed form to the Division of Environmental Management at the following address: Department of Environment, Health, and Natural Resources -Division Of Environmental Management Water Quality Section, Compliance Group P.O. Box 29535 Raleigh, NC 27626-0535 Please also remember to submit a copy of this form along with the complete Animal Waste Management Plan to the local Soil and Water Conservation District Office and to keep a copy in your files with your Animal Waste Management Plan. AWC — April-24,1996 5 TECHNICAL SPECIALIST FOR As-AAL WASTE MANAGEMENT CERTIFICATION rf DESIGNATION CATEGORY CODE AREA OF AUTHORITY Collection, Storage, SD (design) - lagoons, storage ponds, dry stacks, storage structured, and/or Treatment SI (installation) composters, pushoff ramps, curbing and other similar structures Waste Utilization Plan WUP - design'and-installation-(development and implementation) of land application plans including crop'and acreages available to meet nutrient budget, hydraulic and nutrient loading rates, placement of application site buffers - measurement of existing storage volume --confirmation of existence and compatibility of.land application equipment with waste utilization plan - certification of cropping systems I - confirmation of absence of exterior lots - confirmation of sludge and effluent removal and application at agronomic rates for lagoon closure Runoff Controls RC - design and installation of filter strips, grass channels, and related burps used to reduce runoff from exterior Iota (primarily dairy operations) Irrigation Equipment I - design and installation of irrigation systems to •include pipe size, pump horsepower, nozzle size, system layout, thrust blocks, etc. and operation plan to meet criteria of Waste Utilization Plan (hours per set, etc.) Technical Specialists are designated by the Soil and Water Conservation Commission pursuant to 15A NCAC 6F.0005. • 5 Technical Specialists should only certify parts of a plan for which they are technically competent. _.VA ern'. \ I \ Cem rr 6.0 \ i it 9 Af �. \ \ 1 !!' mf •.'� \ `1_wim _..i'a (_ ` ,/S III .,� �76 •II \•- • " II t':• Cem � A tB0 \ \ If \ \ \ ,\ 5 O 4 rf �1 ♦ I ♦ \ I � /f 4 'e f6 r �1� l525�i^ 14 I _ LJJIy>� { V I Sx rlBp II I Cem;,_ • fl — if, n N Ir I; tit I .. Cem•:• .l 14.5 /�• y V i it n 1 C M------------------- 1410 Cy 4032 114032 •+�' \ `�•`.p� '`` ,9 .1� // .fir / I ♦ f . .11 L= SEA8000 II � I �3 1Cem N w f ~ 17 ; ✓ �, \ .� Cem •�a� • . ♦. 14170 It tss rH :Cem ._'.___..__ L {I4]) - -----^----•--• t as ` , ,� � •----• -- j _.Cern-._ . __- Cem r w Wxw Vt 2 W 4,4 ivy Emergency Action Plan This plan will be implemented in the event that wastes from your operations are leaking, overflowing, or • running off the site. You,should NOT wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be available to all employees at the facility, as accidents, leaks, and breaks can happen at any time. 1) Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to problems are listed below: a) Lagoon overflow- • add soil to the berm to increase the elevation of the dam • pump wastes to fields at an acceptable rate • stop all additional flow to the lagoon (waterers) • call a pumping: contractor • mike' sure no surface water is entering the lagoon Note: These activities should be started when your lagoon level has exceeded the temporary storage level. b) Runoff from waste application field: immediately stop waste application ,- • create a temporary diversion or berm to contain the waste on the field - ' • incorporate waste, to reduce further runoff c) Leaking from the waste distribution system: • pipes and sprinklers: OO stop recycle (flushing system) pump ® stop irrigation pump OO close. valves to eliminate further discharge ® separate pipes to create an air gap and stop flow • flush system, houses, solids separators: © stop recycle (flushing system) pump ® stop irrigation pump © make sure no siphon effect has been created ® separate pipes to create an air gap and stop flow d) Leakage from base or sidewall of the lagoon. Often these are seepage as opposed to flowing leaks: • dig a small well or ditch to catch all seepage, put in a submersible pump, and pump back �- ;, into the lagoon • if holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil. • other holes may be likewise temporarily plugged with clay soil. Note: For permanent repair measures, Iagoon problems require the consultation of an individual experienced in their design and installation. 2) Assess the extent of the spill and note any obvious damages. a) Did the waste reach any surface waters? b) Approximately how much was released and for what duration? c) Any damage noted, such as employee injury, fish kills, or property damage? 3) Contact appropriate agencies. a) During normal business hours, call your DWQ regional office: (919) 571-4700 ; after hours, emergency number: (919) 733-3242. Your phone call should include: your name, facility, telephone number, the details of the incident, the exact location of the facility, and the location or direction of movement of the spill, weather and wind conditions, what corrective measures have been taken, and the seriousness of the situation. b) If the spill leaves the property or enters surface waters, call the local EMS: 641-7843 c) Instruct EMS to contact the local Health Department: 6 417 5 7 3 d) Contact CES: 641-7815 local NRCS office: 641-7900 and your integrator: 4) Implement procedures as advised by DWQ and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. 5) Contact contract pumping and/or irrigation equipment companies: a) Brock Equip. b) c) Clover M Service, Inc. 235-4111 977-2467 6) Contact dirt moving and/or heavy equipment companies: a) w C.Varnell 977-3467 h) Tri-County Backhoe 446-3083 c) Clover M Services, Inc. 977-2467 _ r � e0N,C -6 -L-- ` Insect Control Checklist for Animal Operations Source Cuusc BMPs N Collll•ul Insect$ Site Specific Practices Liquid Systenss 1'111sit tlllucts Accntnulalion of solids JK Flush system is designed anti operated sufficiently to remove accumulated solids from Cutlers as designed. Remove bridging of accumulated solids at I.itguuns and flits a Cnlsted Solids Maintain lagoons. settling; basins and pits where pest breeding is apparent to ntinitnice Iltc entsting of solids to a depth of no more than b - a inches over more than 30% of surface. ' Excessive Vegetative a Decuying, vegetation Maintain vegetative control along hanks of T d iru.vlh lagoons and other impoundments to prevent accumulation of decaying vegetative matter along waters edge on impoundment's perimeter. _ my Systems I excel Spillage Design, ulcerate and maintain fecal systems (e.g., bunkers and troughs) to minimize the accumulation of decaying wastage. Clean up spillage on a routine basis (e.g., 7 - 10 day interval during summer; 15-30 clay interval during winter). geed S1,11 a ;e Accumulations of fret! residues 1K Reduce moisture accunurlation within and around iuttnediate perimeter of Iced storage areas by insuring drainage away from site and/or;irovidiug adequate containment (e.g., covered bin fttr brewers grain an(l similar IaiLla lttoisture grain products). inspect for and remove or break up accumulated solids in filter strips around fecal swrage as nettled. ,. AN -Ur - Novcnther 11, 1996, Page: I Source Animal holding Ards Cause Accumulations of animal wastes and feed wastage IZMPs to Control Insects. Eliminate low areas that trap moisture along fences and other locations where waste accumulates and disturbance by animals is minimal. lif Maintain fence rows and filter strips around animal holding areas to minimize accumulations of wastes (i.e., inspect for and remove or break tip accumulated solids as needed). Dry blantire l landling Accumulations of animal wastes 0 Remove spillage on a routine basis (e.g., 7 - 10 Sy�t�tus �( day interval during summer, 1 S-30 day interval during winter) where manure is loaded for land application or disposal. Provide for adequate drainage around manure stockpiles. 0 Inspect for and remove nr break tip accunnilatcd wastes in filter strips around stockpiles and ` manure handling areas as needed. Site Specific Practices For more information contact the Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleigh. NC. 27675-7613. AN-11C - Nuveutlier 11. 1996. ,Page 2 Source - Cause BMPs toUnimize Odor Silc Specific Practices Standing water around 6 Improper drainage; Grade and landscape such that water drains facilities . Microbial decomposition of away from facilities organic matter Manure tracked onto & Poorly maintained access roads Farm access road maintenance Public roads Prom farm access Additional Information : Avxilah[e From : Swine Manure Management ; 0200 RuleI11IMP Packet NCSU, County lxtension Carter Swine Production Farm Potential Odor Sources and Remedies; RBAR Fact Sheet NCSU - BAI: Swine Production Facility Manure Management: Pit Recllarge- lagoon Treatment ; EBAC 128-88 NCSIJ - BAE Swine Production facility Manure Management: Underfloor Flush - Lagoon Treatment; EBAR 129-88 NCSIJ - BAE Lagoon Design anti Management for Livestock Manure Treatment and Storage, EBAR 103-83 NCSU - IIAI: Calibration of Manure anti Wastewater Application Equipment ; CBAE fact Shed NCSIJ - IIAI.1 Cowrollinb Odors from Swint: Buildings ; PI11-33 NCSU - Swine Extension Environmental Assurance Program ; NI'PC Manual NC Pork Producers Assnc Opflons Iitr Mlanaging Odor; a report from the Swine Odor Task Force NCSIJ Atari ConimunicaIions Nttisitnct: Cimcums in Animal Manure Management: Odors and Plies; PRO107, 1995 Conference Proceedings Florida Cooperative Extension , ANIO(' - 14tovc1libut' It, 1996, Pauc 5 S11111'ce Catase RMPs to Minimize Odor Si1c.Specific Practices Litt sta[iuns 0 Agitation during sump tank Sump tank covers tilling and drawdown lend of drainpilies a[ a Agitation during, wastewater Extend discharge point of pipes rni lerneath lagoon conveyance lagoon liquid level Lagoon siarl'aces a volatile gas emissions; Proper lagoon liquid capacity; • Biological mixing; Correct lagoon startup procedures, • Agitation Minimum surface area -to -volume ratio; Minimum agitation while pumping; Mechanical aeration; Proven biological additives irrigatiun sprinkler & I Iigh pressure agitation; Irrigate on airy days with little or no wind; nutcics a Wind drift Jtif Minimum recommended operating procedure; Rump intake near lagoon liquid surface; X Pump front second -stage lagoon _ \ ILLX G [lead birds Carcass decomposition AT Proper disposition of carcasses flt:,ul hind diSpos,il pits • Carcass decomposition Complete coveritig of carcasses in burial pits; Proper location/construction of disposal pits; Disposal pit covers tight fitting 5tandint; water ;u nund • Improper drainage; Grade ami I:usdse:IPC such 11tat water (trains 1136116tn. 0 Microbial dcconipositioll of away Irotn Iiacilitics organic matter NWd trat:kt:d onto public • Poorly maintained access roads Farm access road maintenance rt1,L& Irtuo I.I1-01 access Additional InfOrmatit,n : _ _ _ _ Available Fruln Poulin)• Mainve Managenieut ; U200 Rnic/l3MP Packet T NCSI1. Comity t:xlension Cumcr l'uulny I.;ayer I'raduc:tion facility Manure Management: high Rise, Deep Pit ; EBAE 131-88 N('SkI - 13A1: Poultry Layer Production Facility Manure Management: Ilndercage Flush - Lagoon Treatment ; FBAH 130.1i8 NCSI I - 11AI; t.agnttlt Design and Management fur Livestock M-annre Treallnc111 and Storage ; izflAl: 103-83 NC-SU - IIAI: Calibration of lvlanure :and Wastewater Application Equipment ; EBAL tact Sheet NCSI I - IIA1; 11rtiper i)is1111sai art Dead Poultry ; IIS&T Guide No. 19 NCSI I - 11utiltry Science Nuis:mcc Cmicerns in Animal Manure Management: Odors and l lies ; 11110107, 1995 Coorcrenee Proceedings Florida Cooperative Fxacnsion AKIOC. - Novenlhcr 11, 1996. fate 7 Mortality Management Methods (check which method(s) are being implemented) Burial three, feet beneath .the surface of the ground within 24 hours after knowledge of the death. The burial must be at least 3Q01ect from any flowing stream or public body of water. Rendering at a rendering giant licensed under G.S. 'I06-I68.? ' Complete incineration In the case of dead poultry only, placing in a disposal pit of a size and design approved by the Department of Agriculture Any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal health. (Written approval of the State Veterinarian must be attached) f J� December 18, 1996 C Application of Waste by Irrigation Field No. Soil Type Crop Application Rate(In/Hr) Application Amount(In. 1 z o Aa*.uj�a F..ea,- o. A S a Fwe- o. S This table is not needed if waste is not being applied by irrigation, however a similar table will be needed for dry litter or sludge. Your facility is designed for 10 days of temporary storage and the temporary storage must be removed on the average of once every 3.Wft kx In no instance should the volume of waste being stored in your structure exceed Elevation 54, 4 Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. � P Glev s k.Y Narrative of Operation: $ 4Q�f ca+r. j GvG L S �-*p 27, 2000 9:39 AM Margaret $, Knight 2526417902 p•02 Technical Specialist Cer-tifiPL,�tion cis a technical specialist _.,ignated by the North Carolina Soil ana.Water Conservatit + Commission -ou:-sualt to 15A NCAC 6F .0005, I certify that the animal v.aste management syster for the farm .., atrcd above has an animal waste management plan that meets: or exceeds standards ane specifications of the Division of Environmental Management (DEM) as spr.:cified in 15A NCAC 2F 0217 and the USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina S it and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .00 1-.0005. The following elements are included in the plan as applicable. While each category designa z a technical s^rcialist who may sign each certification (SD, SI, WUP, RC: I), the technical speciab t should orly Y.trts for Which they are technically competent. C rtiffcation of Design A)!CQI'egiion-SLQrap-e.']:Cgatmgnt Syst m Check the appropriate box 0 LxiSjng faci lily_ without retrofit (SD or WUP) Storage volume is adequate for operation capacity, stop: ge capability consistent v th waste utilization requirements. New, expanded -or retry facility (SD) Animal waste storage and treatment structures, such as but not limited to collectio systems, !agcons and ponds, have been designed to meet or exceed the minimum standards nd ��^�til"icar?ons. tt: 0, ., cif Technical Specialist (Please Print): w _`+TU-q , �r NRCS ..:,(Agency): Q.b $aX to TA23c, tis` G Phone No N4, GqI-" qc Sig nature:, Date:��— B) Land Aj2nlicatigB Sy e (WUP) The plan provides for minimum separations (buffers); adequate amount of la utilization; chosen crop is suitable for waste management; hydraulic and nutrient loE Name of Technical Specialist (Please Print): -3• IA*AW Ad' drtssU Signature Zff Controls-fpoMExAerior Lots Check the appropriate box l9" Facility withoat exterior lots (SD or WUP or RC) This facility does not contain any exterior Iots. d for waste ing rates. acility with exterior Iotg (RC) Y-fn±,vds to minimize the run off of pollutants from lounging and heavy use areas t ve been _.-�4-ned in accordance with technical standards develop:.d by NRCS. o. Technical Specialist (Please Print): ;Agency): A P. v , Sax to T,4 23o a max. Phone No. (�Il �t 6 q I " 9 �o Signature:.. — - a_��. Date: z ,� q y _ A W C -- April 24,1996 CLOVER M SERVICES, Inc. P. O. Box 215 • Sharpsburg, North Carolina 27878 • Telephone (919) 977-7881 July 28, 2000 Certified Mail #7090 3400 0003 7880 9236:� Mr. JR Joshi - 7� v Soil Scientist '� G t% .Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 2 -1 ` Ir' 7699 b 17 ,_ Subject: Application No. AWS330052 Additional Information Request Clover M Farms Inc.-Conetoe Farm Animal Waste Operation Edgecombe County Dear Mr. Joshi: Please find the addition information requested in you June 1, 2000 letter attached: Lagoon # 1 - 32,702 cu. ft. Lagoon #2 - 67,180 cu. ft. Lagoon #3 - 74,736 cu. ft. Total capacity 174,618 cu. ft. If you need additional information please call me at 252-977-7881. Sincerel qC H. Mohesky Ll r 1 THIS DESIC:!J IS FOR A SINGLE STAGE LAGOON CLIENTS NAME a -----a--- ;s-m------ram--> CLOVER FARMS#L1 COUNTY EDGECOMBE COUNTY TODAYS DATE MAY 21, 1997 DISTANCE TO NEAREST NONFARM' RESIDENCE => 900+ FEET NUMBER OF PIGS WEANLING TO FEEDER =____> 0 NUMBER OF PIGS FEEDER TO FINISH --== > 0 NUMBER OF SOWS FARROW TO W1ANLING =____> 400 NUMBER OF SOWS FARROW TO FEEDER =c==_ => 0 NUMBER OF SOWS FARROW TO F3.I4ISH=_-__=> 0 DEGREE OF ODOR CONTROL =_='==__-_____=> 1.0 (minimum 1.0 cu. ft. per lb SSLW) (maximum 3.0 cu. ft. per lb SSLW) NUMBER OF YEARS OF SLUDGE kiCCUMULATION > 0.0 YEARS TOP LENGTH AT NORMAL WATER .LEVEL azraara> TOP WIDTH AT NORMAL WATER LEVEL NORMAL WATER LEVEL ELEVATION =­aa-aaa> SEASONAL HIGH WATER TABLE ELEVATION =__> LAGOON BOTTOM ELEVATION ==:._=--========> Depth of Permanent Water 5.0 (minimum depth without slucige = 6 feet) (minimum depth with sludge a feet) SIDE SLOPES raa-> Permanent Volume Required 173200.0 Permanent Volume Provided 32702.4 ADDITIONAL DRAINAGE AREA It. SQUARE FEET> (i.e. pumpout pond & other outside area) LENGTH OF PUMPING CYCLE GALLONS OF FRESH WATER ADD11D DAILY ====> EXCESS RAINFALL ABOVE EVAP( RATION 25YRJ 24HR STORM RAINFALL FREEBOARD----------------- ESTIMATED TOIL OF DAM ELEVATION Temporary Storage Volume 0.0 129.6 FEET 50.0 FEET 47.5 FEET 47.0 FEET 41.5 FEET Peet 1.0 i 1 cubic feet cubic feet 0 SQUARE FEET 0 DAYS 0 GALLONS 0.0 INCHES 0.0 INCHES 2.0 FEET 49.5 FEET cubic feet Top of Dam Elevation = 49.5 feet Inside Dimensions of Lagoon at Top of Dam Length - 133.6 feet Wic:th - 54.0 feet Begin Pumping Elevation = Stop pumping Elevation = Volume To Be Pumped a 0.0 cubic feet -d 2nR1.1692q2 j42ZuN -S Jaje2jew e11 :6❑ 00 ❑E unC Z. STEADY STATE LIVE WEIGH' 0 head weanling to E,.,eder x 30 lbs. a 0 lbs 0 head feeder to finishing x 135 lbs. 0 lbs 400 sows farrow to weaning x 433 lbs. = 173200 lbs 0 sows farrow to fee-:ler x 522 lbs. = 0 lbs 0 sows farrow to finish x 1417 lbs. = 0 lbs TOTAL STEADY STATE JIVE WEIGHT (SSLW) 173200 The 2. SLUDGE ACCUMULATION Sludge accumulates it the rate of 0.'080 cu. ft. per year per pound of STEADY STATE LIVE WEIGHT in swine. Years of sludge accinulation in design? 0.0 Sludge Volume = 0.0 cubic feet 3. REQUIRED LIQUID VOLUME .)F LAGOON Design for 1.0 cu. ft. per pound SSLW Total Volume - (SSI.-J * Resign factor) + Sludge Volume Total Volume = 173200.0 cubic feet 4. NORMAL LAGOON LIQUID L14EL Maintain normal lag:)on liquid level at elevation 47.5 feet Construct lagoon bul.tom elevation 41.5 feet Lagoon size for nornal lagoon liquid volume using prismodial formula SS/END1 SS/E:'1D2 SS/SIDEI SS/SIDE2 DEPTH 1.0 L.0 1.0 1.0 6.0 AREA OF TOP LENGTH *WIDTH .129.6 F0.0 6480.0 (AREA OF TOP) AREA OF BOTTOM Lb * Wb - 117.6 :3.0 4468.8 (AREA OF BOTTOM) AREA OF MIDSECTION (Lm * Wm) _ 123.6 �:4.0 5438.4 (AREA OF MIDSECTION) CU. YD. = (AREA TOY, + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/6 641:17.0 21753.6 4468.8 1.000 VOLUME OF LAGOON A'. NORMAL LAGOON LIQUID LEVF 32702.4 CU. FT. VOLUME HEEDED = 173200.0 CU. FT. THE SURFACE DIMENKONS OF THE LAGOON AT NORMAL LIQUID LEVEL ARE 1::9.6 FEET LONG BY 50.0 FEET WIDE a'd 206L1b9252 142TUN •5 -Za.ae2usw 921;60 oo of un[' 5. DIKE Place spoil as a co.itinuous dike to elevation 49.5 feet. 6. TEMPORARY STORAGE REQUI'i:ED DRAINAGE AREA! Lagoon (tap of dike, Lenyth Wi,;th 133.6 5-.0 7214 square feet Additional Drainage Area 0 square feet TOTAL DA 7214 square feet Pumping cycle to be 0 days. 6A. Volume of waste proluced Volume » 173,00 SSLW * 0.0101481 gallon/lb. SSLW/day in the pumping cycle / 7.48 gallons per cu. ft. Volume o 1.0 cubic feet 65. Volume of wash wate:- This is the amount )f fresh water used for washing tloors or volume fresh water ised for a flush system. Flush systems that recycle the lagoon later are accounted for in 6A. Volume = 0 gallons/day * 0 days in the pumping cycle diviled by 7.48 gallons per cu. ft. Volume = 1.0 cubic teet 6C. volume of rainfall to excess of evaporation Use period of time ,then rainfall exceeds evaporation by largest amount. Excess rainfall (difference) = 0.0 inches Volume = ).0 inches * DA / 12 inches per foot Volume = ).0 cubic feet 6D. Volume of 25 year 24 hour storm Volume = J.0 inches * DA / 12 inches per foot Volume - 0.0 cubic feet TOTAL REQUIRED TEMI::)RARY STORAGE CA. 0.0 cubic feet 0.0 cubic feet E: ^. 0.0 cubic feet E:0 0.0 cubic feet TOTAL TEMPORARY STORAGE 0.0 cubic feet E -d 20SL[IP92SE -zu%tu>j •S -46je2jew e21;60 00 OE unc 7. DEPTH OF STORAGE REQUIR;;D (ABOVE NORMAL LIQUID ELEVATION OF LAGOON) Depth required = Vo:.ume of temporary storage divided by su::-face area of la;loon. Depth required = 0 cu.ft. / 6480 sq. ft. Depth required = 0.0 feet Normal lagoon liquid. elevation a 47.5 feet Depth required = 0.0 feet Freeboard = 2.0 feet Top of Dam - 49.5 feet THE DIMENSIONS OF 7AE INSIDE EDGE OF THE DAM AT ELEVATION 49.5 ARE 131.6 FEET BY 54.0 FEET 8. SET BEGIN PUMPING ELEVA''ION PUMPED STORAGE VOLUTE +A. 0.0 cubic feet ;8. 0.0 cubic feel: �C. 0.0 cubic feet TOTAL PUMPED VOLUME = 0.0 cubic feet Depth required = Vol.ume of pumped storage divided by surface area of laijoon at normal water level. Depth required = 0.0 cu.ft. / 6480.0 sq. ft. Depth required = 0.0 feet DESIGNED BY: APPROVED BY: DATE: DATE: b-al E06L.It92SE 4421u71 -S Jeje2uew eZj:60 00 D£ unr THIS DESIGN: IS FOR A SINGLE STAGE LAGOON CLIENTS NAME CLOVER PARMS#L2 COUNTYEDGECOMBE COUNTY TODAYS DATE MAY 21, 1997 DISTANCE TO NEAREST NONFARM RESIDENCE => 900+ FEET NUMBER OF PIGS WEAKLING TO :''EEDER ===__> 0 NUMBER OF PIGS FEEDER TO FI lISH 0 NUMBER OF SOWS FARROW TO WE"INLING 400 NUMBER OF SOWS FARROW TO FE':.'DER====_=-> 0 NUMBER OF SOWS FARROW TO FI�fISH = ==___> 0 DEGREE OF ODOR CONTROL, 1.0 (minimum 1.0 cu. ft. per 1b SSLW) (maximum 3.0 cu. ft. per 1b SSLW) NUMBER OF YEARS OF SLUDGE AL'.CUMULATION > 0.0 YEARS TOP LENGTH AT NORMAL WAFER BEVEL TOP WIDTH AT NORMAL WATER L':VEL NORMAL WATER LEVEL ELEVATICI===mm=s ==> SEASONAL HIGH WATER TABLE ELEVATION LAGOON BOTTOM ELEVATION Depth of Permanent hater 610 (minimum depth without stud:ie = 6 feet) (minimum depth with sludge 8 feed.) SIDE SLOPES Permanent Volume Required 173200.0 Permanent Volume Provided 67180.8 ADDITIONAL DRAINAGE AREA IN' SQUARE FEET> (i.e. pumpout pond & other )utside area) LENGTH OF PUMPING CYCLE r — ­� ----_----> CALLOUS OF FRESH WATER ADDS) DAILY ==w=> EXCESS RAINFALL ABOVE EVAPG;6kT1ON 2 5 YR j 2 4HR STORM RAINFALL FREEBOARD=__------�_-_____, ESTIMATED TOP OF DAM ELEVA11ON Temporary Storage Volume 0.0 260.2 FEET 50.0 FEET 47.5 FEET 47.0 FEET 41.5 FEET heat 1.0:1 cubic feet cubic feet 0 SQUARE FEET 0 DAYS 0 GALLONS 0.0 INCHES 0.0 INCHES 2.0 FEET 49.5 FEET cubic feet Top of Dam Elevation = 49.5 feet Inside Dimensions of Lagoon at Top of Dam Length = 264.2 feet Wie0:h - 54.0 feet Begin Pumping Elevation = Stop Puznping Elevation = Volume To Be Pumped m S-d 006L T*9252 3H2cuN •S ja4e9uew e2I;so an aE unr 1. STEADY STATE LIVE WEIGH'.I ' 0 head weanling to f4:.edk:. -x 30 lbs. 0 lbs 0 head feeder to fin.;shing x 135 lbs. = 0 lbs 400 sows farrow to wea:ling x 433 lbs. = 173200 lbs 0 sows farrow to feet`er x 522 lbs. = 0 lbs 0 sows farrow to fin'sh x 1417 lbs. - 0 lbs TOTAL STEADY'STATE .LIVE WEIGHT (SOLW) a 173200 lbs 2. SLUDGE ACCUMULATION Sludge accumulates .;t the rate of 0.080 cu. ft. per year per pound of STEADY STATE LIVE WEIGHT in swine. Years of sludge acc-..mulation in design? 0.0 Sludge Volume = 0.0 cubic feet 3. REQUIRED LIQUID VOLUME :1F LAGOON Design for .0 cu. ft. per pound SSLW Total Volume - (SSLI" * Design factor) + Sludge Volume Total Volume = 173200.0 cubic feet 4. NORMAL LAGOON LIQUID LE -,EL Maintain normal lagoon liquid level at elevation 47.5 feet Construct lagoon bo .torsi elevation 41.5 feet Lagoon size for nor:ial lagoon liquid volume using prismodial formula S5/END1 SS/E1JD2 SS/5IDE1 SS/SIDE2 DEPTH 1.0 1-0 1.0 1.0 6.0 AREA OF TOP LENGTH *WIDTH - 260.2 5:1.0 13010.0 (AREA OF TOP) AREA OF BOTTOM Lb * Wb - 248.2 31.0 9431.6 (AREA OF BOTTOM) AREA OF MIDSECTION (Lm * Wm) _ 254.2 41.0 11184.8 (AREA OF MIDSECTION) CU. YD. _ (AREA TOE' + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/6 1303A.0 44739.2 9431.6 1.000 VOLUME OF LAGOON AT NORMAL LAGOON LIQUID LEVE 67180.8 CU. FT. VOLUME NEEDED - 173200.0 CU. FT. THE SURFACE DIMENSX)NS OF THE LAGOON AT NORMAL LIQUID LEVEL ARE 260- 2 FEET LONG BY 50.0 FEET WIDE 9-d 2D6LT*92G2 g491u>J •S Jeje2aew eRIs60 00 DE unC L3-7 7. 8. DEPTH OF STORAGE REQUIRE,:) (ABOVE NORMAL LIQUID ELEVATION OF LAGOON) Depth required = Vol.:me`ot temporary storage divided by surface area of lac .)On. Depth required - 0 cu.ft. / 13010 sq. ft. Depth required = 0.0 feet Normal lagoon liquid elevation - 47.5 feet Depth required = 0.0 feet Freeboard = 2.0 feet Top of Dam = 49.5 feet THE DIMENSIONS OF Tl:.E INSIDE EDGE OF THE DAM AT ELEVATION 49.5 ARE 26j1.2 FEET BY 54.0 FEET SET BEGIN PUMPING ELEVAr`ION PUMPED STORAGE VOLUT� E +.A. 0.0 cubic feet 0.0 cubic feet 1:C. 0.0 cubic feet TOTAL PUMPED VOLUME 0.0 cubic feet Depth required = Vo"ume of pumped storage divided by surf"ice area of lac.00n at normal water level. Depth required - 0.0 cu.ft. / 13010.0 sq. ft. Depth required 0.0 feet DESIGNED BY: APPROVED BY: DATE: DATE: L•d 20SLItsasE JN21u)j •S ga,ae2uew e61:60 ❑❑ ❑E unc THIS DESIGN IS FOR A SINGLE STAGE LAGOON CLIENTS NAME __-__--____-----=- > COUNTY =••_— :�===aaaeaoaaagcse: :-==s==�sv=�� TODAYS DATE DISTANCE TO NEAREST NONFARM RFSTDENCE => NUMBER OF PIGS WEANLING TO FEEDER NUMBER OF PIGS FEEDER TO FIt:ISH---==-> NUMBER OF SOWS FARROW TO WERNLING NUMBER OF SOWS FARROW TO FEEDER NUMBER OF SOWS FARROW TO FINISH DEGREE OF ODOR CONTROL (minimum 1.0 cu. ft. per lb SSLW) (maximum 3.0 cu. ft. per lb SSLW), NUMBER OF YEARS OF SLUDGE ACCUMULATION > CLOVER NEW LAGOON NO. 3 EDGECOMBE COUNTY MAY 21, 1997 900+ FEET 0 0 400 0 0 1.0 TOP LENGTH AT NORMAL WATER T.EVEL TOP WIDTH AT NORMAL WATER L VEL NORMAL WATER LEVEL ELEVATIOY ----mom-> SEASONAL HIGH WATER TABLE E:'s.EVATYON =�_> LAGOON BOTTOM ELEVATION Depth of Permanent Water 6.0 (minimum depth without sludi:.-e = 6 feet) (minimum depth with sludge 8 feet) SIDE SLOPES --== =T=-=aaaa:::===========> Permanent Volume Required 173200.0 Permanent Volume Provided 74736.0 ADDITIONAL DRAINAGE AREA IN SQUARE FEET> (i.e. pumpout pond & other ::-utside area) LENGTH OF PUMPING CYCLE GALLONS OF FRESH WATER ADDE::i DAILY EXCESS RAINFALL ABOVE EVAPO:iATION _=> 25YRJ24HR STORM RAINFALL > FREEBOARD ESTIMATED TOP OF DAM ELEVAT'::ON Temporary Storage Volume 70872.3 0.0 YEARS 270.0 FEET 67.0 FEET 52.0 FEET 52.0 FEET 46.0 FEET feet �3 1,A9�D b �w 3.0:1 cubic feet �Q,400rtl 34-70,MQ-4- cubic feet (.a9cen ,� (07� leg �'+'�• 174,4 75,1 C.1 •�� , To{n ( 21070 SQUARE FEET 90 DAYS SlxrQ"A, Qrec�. 0 GALLONS 04 Lagoon I �Z 5.2 INCHES 6.7 INCHES 1.0 FEET 56.9 FEET cubic feet Top of Dam Elevation = 56.9 feet Inside Dimensions of Lagoon at Top of Darn Length = 299.4 feet Wid::h - 96.4 feet Begin Pumping Elevation = 5.4.4 feet Stop Pumping Elevation = 52.0 feet Volume To Be Pumped = 42993.5 cubic feet a.rt lye ' d !,s.;,j. 4 r �eWpw&My,%r-4fe b wi h0v� a. 4,0 irrin.,y &wd 1 4,7- ha, �, began, 1a.4 'in,0 +kQ, r1e�,) L a.9 o &?i -4-� 3, 8.d 206LItF92SE •S JaJa2..+ew ebI Z6❑ 00 0E unr �J 1. STEADY STATE LIVE WEIGHT 0 head weanling to fe: tder x 30 lbs. - 0 lbs 0 head feeder to finishing x 135 lbs. a 0 lbs 400 sows farrow to wears:ling x 433 lbs. = 173200 lbs 0 sows farrow to feed::r x 522 lbs. - 0 lbs 0 saws farrow to f.inj,h x 1417 lbs. - 0 lbs TOTAL STEADY STATE LIVE WEIGIIT (S ,LW) - 173200 lbs 2. SLUDGE ACCUMULATION Sludge accumulates t:.t the rate of 0.080 cu. ft. per year per pound of STEADY STATE LIVE WEIGHT in swine. Years of sludge accumulation in design? 0.0 Sludge Volume = 0.0 cubic feet 3. REQUIRED LIQUID VOLUME C F LAGOON Design for 1.0 cu. ft. per pound SSLW Total Volume - (SSL1,, * Design factor) + Sludge Volume Total Volume = 173200.0 cubic feet 4. NORMAL LAGOON LIQUID LE'»EL Maintain normal lag. -:.on liquid level at elevation 52.0 feet Construct lagoon bo,c.tom elevation 46.0 feet Lagoon size for normal lagoon liquid volume using prismodial formula SS/ENDl SS/EI�02 SS/SIDE1 SS/SIDE2 DEPTH 3.0 .0 3.0 3.0 6.0 AREA OF TOP LENGTH *WIDTH - 270.0 6';1.0 18090.0 (AREA OF TOP) AREA OF BOTTOM Lb * Wb = 234.0 3:..0 7254.0 (AREA OF BOTTOM) AREA OF MIDSECTION (Lm * Wm) _ 252.0 4!:1.0 12348.0 (AREA OF MIDSECTION) CU. YD. = (AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM] * DEPTH/6 18090.0 49392.0 7254.0 1.000 VOLUME OF LAGOON AT NORMAL .LAGOON LIQUID LEVE 74736.0 CU. FT. VOLUME NEEDED = 173200.0 CU. FT. THE SURFACE DIMENSI".)NS OF THE LAGOON AT NORMAL LIQUID LEVEL ARE 27:).0 FEET LONG BY 67.0 FEET WIDE 6-d 206Git,9252 I421UN •S 18je2jVW , WST:60 an DE unr 5. DIKE Place spoil as a cor-:,inuous dike to elevation 56.9 feet. 6. TEMPORARY STORAGE REQUIRED DRAINAGE AREA! Lagoon (top of dike; Length * width 299.4 9r,.4 28862 square feet Additional Drainage Area 21070 square feet TOTAL DA 49932 square feet Pumping cycle to be 90 days. 6A. Volume of waste produced Volume — 173:r00 SSLW * 0.01014B1 gallon/lb. SSLW/day in the puml;:ing cycle / 7.48 gallons per cu. ft. Volume = 2114::.2 cubic feet 65. Volume of wash water. This is the amount :.,f fresh water used for washing floors or volume fresh water i..sed for a flush system. Flush systems that recycle the lagoon ;eater are accounted for in 6A. Volume = 0 gallons/day * 90 days in the pumping cycle divi;:led by 7.48 gallons per cu. ft. Volume = .1.0 cubic feet 6C. Volume of rainfall :n excess of evaporation Use period of time %Then rainfall exceeds evaporation by largest amount. Excess rainfall (chi :'ference) 5.2 inches Volume = !;.2 inches * DA / 12 inches per foot Volume = 2184!1.3 cubic feet 6D. Volume of 25 year - 24 hour storm Volume .:1.7 inches * DA / 12 inches per foot Volume 27 87 Y . 8 cubic feet TOTAL REQUIRED TEMPORARY STORAGE EA. 21148.2 cubic feet 0.0 cubic feet E;.. 21845.3 cubic feet E.). 27878.8 cubic feet TOTAL TEMPORARY STORAGE 70872.3 cubic feet 01 - d 206L T *92S2 142 t ux ' S ga,ae2.,reW ecji : S0 Q0 Ue unC 7. S. y DEPTH OF STORAGE REQUIRE(:, (ABOVE NORMAL LIQUID ELEVATION OF LAGOON) Depth required = Vol%:me of temporary storage divided by surface area of lagl..on. Depth required = 70872 cu.ft. / 18090 sq. ft. Depth required = 3.9 feet Normal lagoon liquid elevation - 52.0 foot Depth required = 3.9 feet Freeboard - 1.0 feet Top of Dam -- 56.9 feet THE DIMENSIONS OF TH:s INSIDE EDGE OF THE DAM AT ELEVATION 56.9 ARE 299.4 FEET BY 96.4 FEET SET BEGIN PUMPING ELEVATION PUMPED STORAGE VOLUM:3 f-A. 21148.2 cubic feet El:3. 0.0 cubic feet 6:11- 21845.3 cubic feet TOTAL PUMPED VOLUME = 42993.5 cubic feet Depth required = Volume of pumped storage divided by surface area of lac:oon at normal water level. Depth required - 42993.5 cu.ft. / 18090.0 sq. ft. Depth required = 2.4 feet DESIGNED BY: APPROVED BY: DATE: DATE: [i d R06LTb9�5Z z421UN •S 16ue2uew e91:60 00 OE un0 Non -Discharge Permitting Application of Waste by Irrigation Field No. Soil Type Crop Application Rate(In/Hr) Application Amount(In. AAA 1 2. go 3,01,UAM ?FacdV- D. 4 Af A B q Fe. t e- .c This table is not needed if waste is not being applied by irrigation, however a similar table will be needed for dry litter or sludge. Your facility is designed for 50 days of temporary storage and the temporary storage must be removed on the average of once every 3Mfti-kr In no instance should the volume of waste being stored in your structure exceed Elevation S 4, L1 Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: F,,*,p l Gve- l L. lf elea 5x.o S �-�p Application of Waste by irrigation Field No. Soil Type Crop Application Rate(In/Hr) Application Amount(In. j A OK at da o 9a K U4061 pFAcaC v. 1 A S a FeiC- o ..5 This table is not needed if waste is not being applied by irrigation, however a similar table will be needed for dry litter or sludge. Your facility is designed for . 9 D days of temporary storage and the temporary storage must be removed on the average of once every fty-ki _ In no instance should the volume of waste being stored in your structure . exceed Elevation S4.4. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. � p L Narrative of_ operation: $ 4a., �.«• I GvG CIe0 s c q S �-�p ............. FEW Tit MOHESKY (CLOVER FAR" Swine Operation 400 SOWS FARROW TO WEANLING Edgeconbe County, North Carolina Class III Designed • Date: 2—�2? 01--) Reviewed: Date: Approved: CC•f.C' t t Date: .3—z 2- Approved: Date: PRODUCER: MOHESKY N/AO 1. obtain required permits (026, 401, 404, dam safety, etc.) 2. Hazard Classification Sheet (NC-ENG-34) - a. Geodetic map showing lagoon location, distance to nearest residence, and breach route. 3. Soil Investigation Sheet (SCS-ENG--538) - a. Investigation made by Soil Scientist and/or Engineer with backhoe on Class III or IV lagoons, as well as other questionable sites. Investigation to be coordinated with State Engineer's office on Class V lagoons. b. Pits 1.0' - 2.0' below designed bottom of lagoon C. Seasonal and permanent high water table depths recorded 4. Grid Sheet - a. Location and dimensions of lagoon and buildings b. Location and elevation of soil pits C. Surface water removal (diversions, pipe outlets, etc.) d. North arrow e. Bar scale f. Paydirt program must have a scale of 1"=50' or less 5. Storage Volumes (prelude spreadsheet) - a. Designed volume exceeds needs b. All temporary storage stored above seasonal high water table C. Minimum 6 ft. depth and 1.cu. ft. per pound of steady state live weight for treatment volume. Q' 6. Excavation and Fill Calculations (include building pad fill) 7. Lagoon Summary Sheet & Typical Cross -Section (area form) 8. Construction Specifications (area form) BYFO 9. Waste Management flan (area form) a. Soil survey sheets showing all fields and suitability of crops b. Signatures of producer and person preparing plan C. Agreement sheet signed by adjoining landowner (if needed) d. Include attachment "B" on sampling procedure &--10. Transfer Pump and Sump Design (if needed) [i_-11. operation and Maintenance Plan (area form) Designed by: Date: Approved by: Date: scs- (mc. "38 U. S. DEPARTMENT OF AGRICULTURE K. , 5- 70 30(L CONSERVATION SCF?VICt SOIL INVESTIGATION TO DETERMINE SUITABILITY OF PROPOSED POND SITE FARhiER*S NAME DISMCT DATE 12 , Z '_- Z 0 UlTry S. C. S. PHOTO SKEET NO. WORK UNTT WATERSHED AREA KEASURIMLYM cRoPLki,m—ACRFZ PASTURE —ACRES — . - A-6 WOODLAND— ACRES TOTAL —ACRES POND CLASS WORK UNIT CONSER ATIONIST SKZ-XH OF PROPOSED . POND SHOWING WHERE BORINGS WERE MADE (Approx. scale V'. feet) �. I., cc pajmf." crnl� tin. ot dam and ld�fifv errjk,fcA. — e L AZ BORING NUMBERANDPROFILE SHOW dam -jiff and =111fj 6o4fh nas Tt - th— ponded arw andbomnp-i A&jawl, wifA Perrical rwd Une- DEFrH I (Ca finwcd on back wAnomm&ar$0 SAa uvt" la6le cfrvafiomj on dum-sjte borin$m WWI= Min! -01MIUMIN !�!,®1'!llt�.lily'!1!I!I!1'!!!�!1lll;��ll�®I! WIM] -I= !�!LNow,! IN -,Elm L13ORD;CS XA-DE By SIGNATUM & T= MOHESKY (CLOVER FARM) COMPUTATIONS FOR EARTH FILL FOR DIKE: 811 FEET OF DIKE AT A AVERAGE HEIGHT OF 8 FEET 220755 cu. ft. \ 27 = 8176 cu. yds. Add 20 percent for compaction = 1635 cu. yds. Total earth_ fill needed for dike 9811 cu.-Yds. EARTH FILL FOR CLAY LINER: Based on the inside dimension of lagoon: qi�a�ctioftand this figure includes a 25% increase for loss. FA Farm Name: MOHESKY (CLOVER FARM) COUNTY: EDGECOMBE Date: May 22, 1997 PRISMODIAL FORMULA Length = 252 Width = 49 Depth = 3 Side Slope(ft/ft)= 3 Volume in Cubic Yards = 1083.00 0069,s 40-7 ! ��.%d�, dLa-r eia +'-r �ar G�o--y � �Y1Q-Y'• Top = 12348 sq. ft. Mid = 9720 sq. ft. 243 lin. ft. X 40 lin. ft. Bottom = 7254 sq. ft. 234 lin. ft. X 31 lin. ft. Prepared By: CLAUDE LONG SCS AREA-4 LAGOON SUMMARY SHEET & TYPICAL CROSS-SECTION -rup Width 1 3 Settled top of dam:-� S7. Constr Uct top of darn Fill Yardage: 1? 911 04 4 -�- C(a.� n e.r o t 1 � 41a 3 g� � 3 r 1 3 NEztUral ground elev. ___------------------------- --___ --_ CLIt Off seal ��Depth deter ini.nd by Depends', on ey�.ti 17r�7ent �•�� `;)C5 can psi to Start land application Stop land application elev. elel). Temporary Volume — -- -__ _-__-------------------------. ............ Sant support— Treatment Volume f !f\vi -ref -sl-----dge elE-'v_----_---_--- udge accL�n)uIatiCn Bottom elnv... Lagoon size: L ngth .2 7 9.'-- Width �[�` p. !�:_ at- ycjs- e;:eavateci l0 23, a M !1.• I •// .� W UP / 1 • r •• GE:NEI;A{L.� I 1' F (7F;11raT I ON ' JOD CLASS: r 1 L HAZARD CLASS:._Q ANIMAL, TYPE & NUMBER:_ ¢Dd_ sowa_ KIND OF OPERATION:rra HOTE: If constrUCtian is not started within ane year, this plan is riot. valid Un L i l re-- eva l L.tat i can of flood plain for safety 1-iarArd is; Irl.-ldc-.2. L.AGE701,4 1_-0R, ANII`1A(_ WASTE ( SINGLE SaT()GE) �,P_s � Y C'rbL"Q_ ARI, TATE U. S. DEf='AFiITIENT 01-_ r (3F\'I(~1JL'TURL ;U Ll_ C0NSLI:VAT I C7N riC f:V I"l�E: 17ESIGNED OY: ('iPF'F'()VE=1) -rITLE: DATE: Producer: MOHESKY (CLOVER FARM) Foundation Preparation._ All trees and brush shall be removed from the impoundment area before construction is started. The foundation of the lagoon shall be cleared of all trees, stumps, roots, brush, sod, organic soil, and debris. All stumps and all roots exceeding 1 inch in diameter shall be removed to a minimum depth of 1 foot. Satisfactory disposition will be made of all debris. After clearing is completed the foundation area shall be loosened thoroughly and roughly leveled, with suitable equipment, before placement of any embankment material. Removal of Existing Tile Drains;_ When specified, the contractor shall construct an observation trench along the entire length of the embankment to a minimum of five feet in depth. The trench shall have a bottom width adequate to accommodate the equipment used for excavation, backfill, and compaction operations and the side slopes shall be 1:1 of flatter. When the drains are encountered, the tile shall be removed to a minimum of 15 feet beyond the downstream embankment toe as measured perpendicular to the embankment. If a tile line exists above the embankment it shall be rerouted around the lagoon in an approved location. The trench shall be backfilled and compacted as noted under Embankment Construction. cutoff Trench: A cutoff trench shall be excavated to a minimum depth of 24 inches under the embankment. The exact depth shall be determined on site by NRCS. The trench shall be located at or upstream from the centerline of the dam. The trench shall have a bottom width adequate to accommodate the equipment used for excavation, backfill, and compaction operations and the side slopes shall be 1:1 of flatter. The cutoff trench shall be backfilled with clay material. The trench shall be backfilled and compacted as specified under Embankment Construction. All standing water shall be removed from the trench before backfilling is started. Excavation: Topsoil shall be stocked piled separately for later use. The completed excavation shall conform to the lines, grades, and elevations shown on the plans. The lagoon bottom shall be approximately level and the side slopes shall be uniform from top to bottom. Scarify the bottom and cut slopes of the .lagoon a minimum depth of six inches and compact to decrease the permeability of the soil. Compaction shall be with a sheepsfoot or tamping roller. Liner: The minimum required thickness shall be 1.? feet. A liner is required when the attached soils investigation report so indicates or when unsuitable material is encountered during construction. When areas of unsuitable material are encountered, they will be over -excavated below finish grade to the specified depth as measured perpendicular to the finish grade. The foundation shall be backfilled as specified to grade with a NRCS approved_ material (ie - CL,CH,MH,SC). 1 Soil liner material shall come from an approved borrow area. The minimum water content of the liner material shall be optimum moisture content which relates to that moisture content when the soil is kneaded in the hand it will form a ball which does not readily separate. Water shall be added to borrow as necessary to insure proper moisture content during placement of the liner. The moisture content of the liner material shall not be less than optimum water content during placement. The maximum water content relates to the soil material being too wet for efficient use of hauling equipment and proper compaction. The fill shall be brought up in approximately horizontal layers not to exceed 9 inches in thickness prior to compaction. Each layer will be compacted by a minimum of four passes of a sheepsfoot or tamping roller or equivalent method approved by the designer. The soil liner shall be protected from the discharge of waste outlet pipes by using rock or flexible outlets on the waste pipes. Embankment Construction: The completed earthfill shall conform to the lines, grades, and elevations shown on the plans. Earthfill material shall be free of sod, roots, stones over six (6) inches in diameter, and other objectionable materials. Previous material (SP or SM) shall not be used in the embankment except the outside slopes. As a minimum compaction shall be equivalent to, or better than, the following: 1). layers of fill material shall not exceed 9 inches in thickness before compaction, 2). the routing of the hauling and spreading equipment over the fill must be in such a manner that every point on the surface of each layer of fill will be traversed by not less than one tread track of the loaded equipment traveling in a direction parallel to the main axis of the fill. 3). Clayey soils shall be compacted with a sheepsfoot or tamping roller. Construction of the fill shall be undertaken only at such times that the moisture content of the fill material will permit a reasonable degree of compaction. Construction of the embankment shall allow an additional 5% for settlement. Stock piled topsoil shall be spread over top of embankment and outside side slopes for the establishment of vegetation. The side slopes of the settled embankment shall not be less than 3 horizontal to 1 vertical. Quality Assurance: During construction of the earth embankment, a qualified inspector as designated by the designer must be on site during construction as necessary to verify proper construction. Testing will be required as deemed necessary by the inspector and/or designer. During construction of a clay liner, a qualified construction inspector as designated by the designer must be on site during construction as necessary to verify the liner is installed in., accordance with NRCS South National Technical Center (SNTC) Technical Note 716 (revised Sept. 1993). In the absence of I =A supervision of construction by a qualified inspector, the liner must be tested to verify a maximum allowable permeability of 0.00001 cm/sec. When testing is required, the owner will be responsible for furnishing test results and certification that the construction meets the design requirements. Any tests and certification should be performed by a certified laboratory. Emergency Spillway: The emergency spillway shall be placed in undisturbed soil when possible. When it must be placed in fill material, the fill material will consist of clay and compaction will be by sheepsfoot or tamping roller. Inlet and Overflow Pipes:_ Pipes that convey waste from the houses to the lagoon shall be a minimum of 6 inches in diameter and have a minimum slope of 1 percent. The pipes shall be installed in a manner that will prevent erosion of the lagoon side slope by extending the pipe beyond the slope of the lagoon and discharging the waste below the surface. Overflow pipes, used to discharge effluent from one lagoon to another, shall have a minimum diameter of 6 inches with a elbow or tee on the inlet end. Pollution Control During construction: Stripping of embankment and borrow areas shall be done as they are needed in a normal sequence of construction. Use temporary mulch protection on all disturbed areas that are subject to erosion and will not have substantial additional work performed for 30 days. Vegetation: Vegetation shall be established on the slopes, embankment top and all other disturbed areas, except the area that will be inundated, as specified in the plans as soon as possible after construction. Necessary steps shall be taken to ensure that a good stand of vegetation is established in a reasonable amount of time. So rcj �w� -je �tscre Seeding rates are: _15 1b.Common Bermudagrass 7S lb. 11&4:4 Gress _ _800 lb. 10-,Z0-10 ^ 2 tons lime per acre 1.5 tons wheat straw per acre Permanent Stake: A permanent stake (CCA salt treated 411x4" post or 1 inch diameter PVC pipe with tee) marked to indicate pumping level elevations, shall be placed in the inside slope at one end of the lagoon. I Producer: MOHESKY (CLOVER FARM) The purpose of this plan is to provide guidelines for carrying out the routine operation and maintenance work needed to keep this swine waste management system functioning as planned. Routine maintenance is considered to be normal good care of the system. Good maintenance adds to beauty, usefulness, and permanence. A. Maintenance The routine maintenance of the lagoon involves the following: 1. Maintenance of a vegetative cover on the embankment top and side slopes: Common Bermudagrass is being established on these areas. Beginning in 1997 and each year thereafter, the embankment should be fertilized with 800 pounds of 10- 10---10 per acre to maintain a vigorous stand. 2. Control of brush and trees on the embankment. This may be done by mowing, spraying, or chopping, or a combination of all three. This will need to be done at least once each year and possibly twice in years favorable to heavy growth of vegetation. Maintenance inspections of the lagoon should be made during the initial filling of the lagoon and at least monthly. Items to be checked should include, as a minimum, the following: 1. Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes a. separation of joints b. cracks or breaks C. accumulation of salts or minerals d. overall condition of pipes 2. Lagoon surface - a. undesirable vegetative growth b. floating or lodged debris 3. Embankment a. settlement, cracking or "jug" holes b. side slope stability - slumps or bulges C. wet or damp areas on the back slope d. erosion due to lack of vegetation or as a result of wave action e. rodent damage 4. Transfer Pump - recycling and irrigation pumps 1 a. overall pump operation b. leaks C. loose fittings 5. Surface water diversion a. adequate vegetation b. diversion capacity C. ridge berm height B. operation Your animal waste management facility was designed for a total of 400 sows/animals (Farrow to Weanling). The lagoon contains both permanent and temporary storage. The permanent storage is not to be pumped in order to ensure that anaerobic action will occur. The design storage includes permanent storage of one cubic foot per pound of steady state live weight. The temporary storage portion of the lagoon includes capacity for the volume of waste produced over 90 days, the amount of rainfall in a 25 year 24 hour storm event, and rainfall in excess of evaporation. Your facility is designed for 90 days of temporary storage; therefore, it will need to be pumped every three months. Begin pump -out of the lagoon when fluid level reaches elevation 54.4 feet as marked by permanent markers. Stop pump -out when the fluid level reaches elevation 52.0 feet. Pumping can be started or stopped at any time between these two elevations for operating convenience as site conditions permit, such as weather, soils, crop, and equipment in order to apply waste without runoff or leaching. The attached waste management plan must be followed. This plan recommends sampling and testing of waste (see Attachment B) before land application. The waste material should be analyzed before each application cycle to determine its nutrient content. A soil test of the area of application should be made annually to insure the waste is applied as reasonably and practically possible to recommended rates. Waste treatment lagoons must be precharged with a volume of water equal to one-half of the treatment volume before wastes are introduced. Precharging reduces the concentration of the initial waste entering the lagoon thereby reducing odors. Solids should be covered with effluent at all times. Pipes that are used for recycling effluent to use as flush water and irrigation intakes must be placed 18 inches below • the surface and as far from the inlet pipes as possible in order to provide a cleaner effluent for flushing and to reduce odors when irrigating on land. When these pipes are placed through the embankment, they should be installed no more than two feet below top of dike and not in the highest section of fill. The pipe trench should be compacted with clay material. After five years the waste treatment lagoon must be checked for sludge accumulation annually. If sludge has encroached into the treatment volume, the sludge must be removed and applied at agronomic rates based on analysis of the sludge. Treatment volume must have a minimum of 4 feet of depth free of sludge at all times. In December 1992, the Environmental Management Commission (EMC) in North Carolina revised water quality regulations that address animal operations. These rules became effective on February 1, 1993 (15A NCAC 2H .0200). This animal operation shall be operated within the requirements of these rules and regulations. 3 CONSTRUCTION SPECIFICATION FOR WASTE TREATMENT LAGOON POLYETHYLENE GEOMEMBRANE LINING 0� OPERATOR: CLOVER M. FARMS, INC. COUNTY: EDGECOMBE COUNTY SCOPE: The work shall consist of placing a 40 mil High Density Polyethylene ( ) geomembrane in a newly constructed waste treatment lagoon for Clover M. Farms, Inc. to the elevations, grades, and cross sections as shown on the lagoon drawings. MATERIAL: The HDPE geomembrane shall be GSE HD supplied by GSE Lining Technology, Inc. or equivalent. The geomembrane shall meet the material properties as described by the supplier. SUBGRADE PREPARATION: The area to be lined shall be drained and allowed to dry until the surface is firm and can support the men and equipment that must travel over it during installation of the geomembrane. All cut slopes and fills in the area to be lined must be sloped no steeper than 3 horizontal to 1 vertical. All fills and cut slopes shall be thoroughly compacted by mechanized pans during the hauling and spreading process. The foundation area for the geomembrane shall be smooth and free of projections that can damage the geomembrane. Stumps and roots shall be removed. Rocks, hard clods, and other such material shall be removed, rolled with a smooth wheel vibratory roller so as to provide a smooth surface, or covered with a 8 oz./s.y. needle punch nonwoven geotextile. An anchor trench shall be excavated completely around the top of the lagoon dike three to four feet from the inside top edge. The trench shall be 24 inches deep and about 12 inches wide. PLACEMENT: The HDPE geomembrane shall be free of damage or defect. Each package delivered to the job site shall bear the name of the material, the manufacturer's name or symbol, the quantity therein, and the thickness or weight of the material. Each HDPE geomembrane panel shall be laid out and positioned to keep the number and length of the geomembrane field joint seams to a minimum and consistent with proper methods of geomembrane installation. Seams shall be oriented down, not across the slope. Sharp corners shall be avoided. Horizontal and T-shaped seams on slopes must be kept to a minimum. The method used to unroll the HDPE geomembrane panels shall not cause scratches or crimps in the geomembrane. The method used to place the panels shall minimize wrinkles (especially differential wrinkles between adjacent panels). Ballast shall be used to prevent relocation of the compensating wrinkles by wind. Adequate loading (e.g., sand bags or similar items that will not damage the HDPE geomembrane) shall be placed to prevent uplift by wind. In case of high winds, continuous loading is recommended along edges of panels to minimize risk of wind flow under the panels. Direct contact with the HDPE geomembrane shall be minimized, i.e., the geomembrane in traffic areas shall be protected by an overlayment of geotextile, extra HDPE geomembrane, or other suitable materials. The top edge of the geomembrane shall be placed in the anchor,trench and anchored with compacted backfill. Compact backfill by wheel rolling with light rubber tired equipment or manually directed power tamper. Field seams shall be made by overlapping adjacent sheets and fusion welding the overlapped sheets using double fusion welders and extrusion welders. Seams between HDPE geomembrane sheets shall be field welded using the fabricator's seaming apparatus and technique. The primary seaming method will be a double fusion welder. Prior to fusion seaming, all areas which are to become seam interfaces will be cleansed of dust and dirt. Seam joining shall not take place unless the sheet is dry and shall not be attempted when the ambient temperature is below 32 degrees F or above 100 degrees F. The extrusion welders shall be used only at areas which cannot be welded using the double fusion welder. For extrusion welds the geomembrane shall be preheated and pressed together to align for welding. No base T-seam shall be closer than 5 feet to the toe of the slope. Seams shall be aligned with the least possible number of wrinkles and "fishmouths." If a fishmouth or wrinkle is found, it shall be relieved and cap -stripped. All loose seam edges exceeding 2" shall be removed on the exposed side after seam strength testing has been completed using a hook knife. No equipment or tools shall damage the HDPE geomembrane by handling, trafficking, or other means. Personnel working on the geomembrane shall not smoke, wear damaging shoes, or engage in other activities that could damage the geomembrane. Use of metal tools shall be kept to a minimum. REPAIR PROCEDURES: Defective seams shall be re started/re seamed according to GSE specifications. Holes, tears, blisters, undispersed raw materials, and contamination by foreign matter shall be repaired by patches according to GSE Lining Technology, Inc. specifications. VENTS: Provide relief vents around the perimeter of the structure to allow gases to escape form under the geomembrane. Locate vents on a maximum spacing of 100 feet. Construct vents as recommended by GSE Lining Technology, Inc. SEALING AROUND THE PENETRATIONS: The seals around any penetration (pipe openings) shall be performed using a method as recommended by GSE Lining Technology, Inc. FIELD QUALITY CONTROL: The installer shall nondestructively test all field seams over their full lengths. Seams shall be tested according to methods as recommended by GSE Lining Technology, Inc. All test equipment shall be furnished by the Installer. All seams and non -seam areas of the geomembrane shall be inspected by the Installer for defects, holes, blisters, undispersed raw materials, and any sign of contamination by foreign matter. The HDPE geomembrane surface shall be brushed, blown, or washed by the Installer if the amount of dust or dirt inhibits inspection. All defects found during testing shall be repaired and retested. Such tests and adjustments shall be repeated until the repairs are complete. BASIS OF ACCEPTANCE: The acceptability of the geomembrane shall be determined by inspections to check compliance with all the provisions of this specification with respect to the drawings, markings, the appurtenances, and the minimum installation requirements. The installing contractor shall certify that the installation complies with the requirements of this specification. A written guarantee shall be furnished that protects the owner against defective workmanship and materials for not less than one year and that identifies the manufacturer and markings of the geomembrane. VEGETATION: A protective cover of vegetation shall be established on the disturbed area outside of the geomembrane. Seeding and fertilizer rate shall be as shown in the lagoon construction specifications. FENCING: The area covered by the geomembrane shall be protected from puncture by livestock and deer trampling by means of installing a fence with gates(s). The fence shall provide protection against deer jumping over as well as small animals crawling through. Fencing shall be installed in accordance with NRCS's Technical Guide Section IV Practice Standard No. 382, CONSTRUCTION OPERATIONS: Construction operations shall be performed in such a manner that erosion and air and water pollution are minimized and held within legal limits. The owner, operator, Contractor or other persons will conduct all work and operations in accordance with proper safety codes for the type of construction being performed with due regards to the safety of all persons and property. The installation shall be completed in a workmanlike manner and present a neat and pleasing appearance. OPERATIONS AND MAINTENANCE: This practice will require the performance of periodic operation and maintenance to ensure continued satisfactory performance. These recommendations are provided to develop a good operation and maintenance program: Prevent the misuse or travel of any equipment or animal, and limit human traffic over the geomembrane. 2. Fences shall be maintained to provide warning and /or prevent unauthorized human or livestock entry. Eradicate or otherwise remove any growth or debris that may harm or reduce the effectiveness of the geomembrane. 4. Immediately repair the effects of any vandalism, vehicular, or animal damage to any earthfills, linings, pipe outlets, or other structures. 5. Maintain vegetative cover, free of woody vegetation on the lagoon dikes outside of the geomembrane. Mow at least twice a year. 6. Remove any burrowing rodents that could affect the geomembrane integrity. 7. Inspect exposed geomembrane material for the affects of exposure to sunlight. 8. Ensure the proper operation of the lining vents and note its performance. Landowner/operator concurrence to operation and maintenance requirements: Name: °u� Y n Date: WOr 91 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director R.H. Mohesky Clover M Fanns Inc - Conetoe Farm PO Box 215 Sharpsburg NC 27878 Dear R.H. Mohesky: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 December 30, 1999 l411�1 12 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Numberr33_,52.., Edgecombe:County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. 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 Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, �f Kerr T. Stevens, Director Division of Water Quality cc: Raleigh Regional Office Edgecombe County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment and Natural Resources .. Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED R.H. Mohesky Clover M Farms Inc - Conctoc Farm PO Box 215 Sharpsburg NC 27878 Farm Number: 33 ='S2> Dear R.H. Mohesky: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 15, 1999 M 0» ca 0- t L_J You are hereby notified that Clover M Farms Inc - Conetoe Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit 1617Mail Service Center Raleigh, NC 27699-1617 If you have any questions concerning this letter, please call Susan Cauley at (919)733-5083 extension 546 or Charles Alvarez with the Raleigh Regional Office at (919) 571-4700. Sincerely, c for Kerr T. Stevens cc: Permit File (w/o encl.) Raleigh Regional Office (w/o encl.) 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-7015 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper CLOVER M FARMS INC ID:919-977-4578 JUL 08'99 5.5:53 No.006 P.01 , ANMAL WASX`U MAN GF1V�SYSTEM: Farm Naive Facility ID Number: .--�� County: Y Cert e 0 ew I oeW Security # Work Phone L L ? ' _...� Bowe Phone G 9 � Signature Mailing Address CY State Telephone# hate 9� plem Mail to: WPCSOCC Division of Water Quality P. O. Box 29535 Raieigb, N.C. 27626-0535 ASK : 'g.t �� %`k - Ex14 3/.� #'sionf Fulln� 1WutgrCobse.�tip�Dt ltanE�e Iec� �r r I ,�, ij hr i� `+'11iu to sc:� e ! uu +, t ry sn iDt�SiD)� ff1�atta;r Qtrlt�ity � CDrnpi��nt�It��u#1sns QtllF A'eiri ��d4 6fAtlgl<1.EV1�YY: rNCLJ. Jr" �- 10 Routine 0 Complaint O Follow-up of DWQ inspection 0 Follow -tip of DSWC review 0 Other Facility Number Date of Inspection L' Time of Inspection 24 hr. (hh:mm) Permitted © Certified Cj Conditionally Certified [] Registered Not Operational Date Last Operated: County: : ,c �t Farm Name,.:Q..IS/.:...J...C.r�............... h .....� .,��1:G.... r`...::...................... OwnerName : ..................................................... ............................... .......... 11................. .... I....... Phone No:....................................................................................... FacilityContact: ........................-111...................................-1-11-... Title:.........................................................:...... Phone No:................................................... Mailing; Address: ...................... .................................................................................................................................................................................... .......................... Onsite Representative:....1.............:J�...�r'f'./.:Z....................................... Integrator:........ ....................................... CertifiedOperator: ................................................... ............................................................. Operator Certification Number:.......... ................................ Location of Farm: Latitude • R -J4 44 Longitude 0 6 66 Swine. Ca acit „' .u�atiori ❑ Wean to Feeder ❑ Feeder to Finish W arrow to Wean arrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Ntimbei Design Current Design., : 'Current Poultry . Ca aci Po . ulation Cattle ;;Ca aci ' . Po ulatioi ❑ Layer 1 1 JE1 Dairy ❑ Nan -Layer JEI Non -Dairy ❑ Other Total Design Capacti Total SSLW ]_ ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ] ❑ No Liquid Waste Management System 4 g Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes)IINo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes No b. If discharge is observed, did it reach Water. of the State'? (If yes, notify DWQ) ❑ Yes 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) ❑ Yes m No 2. Is there evidence of past discharge from any part of the operation? es /No Y 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 I Structure 2 Structure 3 Structure 4 Structure 5 Structure fi Identifier, f Freeboard (inches): ... .�........................ ..........!..6 ....................... G.1.. 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No seepage, etc.) 3/23/99 Continued on back;, Facility Number: 3 —j Date of 1iEtit�retiun � 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes dj No (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? ❑ Yes No 8. Does any part of the waste management system other than waste structures require maintenance/improvement'? ❑ Yes No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes �No Waste Applica_tipn 10. Are there any buffers that need maintenance/improvement? ❑ Yes No 1 1. Is [here evidence of over application? r �❑ Excessive Ponding ❑PAN ❑Yes 1 12. Crop type 6- 1 11 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? 2'Yes ❑ No 16. Is there a lack of adequate waste application equipment'? ❑ Yes [],No Required Records & Document_s 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes �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 No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ,ryes ❑ No 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 21. Did the facility fail to have a actively certified operator in charge'? ❑ Yes Q�j No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ZNo 24. Does facility require a follow-up visit by same agency? ❑ Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑v<o 13- �'Vo yiQlaiigttrls o� d�flcienci. .were ;noted . jFt i . g this:visit; YWA will t�-ecoive Ito. ffthee .•.•corresponr)tence.aboitri.this.visit.�.��•����•��.�.�.�.�.�.�.�:-'�'.•.... .. .... ... .. . Comment§ (refer to question #): Explain any YES answers and/or any recodi' mendationsor any other comments. Use,drawings of facility to better explain situations. (use additional pages as necessary)- . 0 6 IU FhJh'1 c4 x-te tIT C gP��-1 GrF�5LE (-✓13� S �4r'7,oL� Ins v.�1/IAI� ��. Udlt !�S U. I NvT G 5E7Pr V A)Loj T 6-O C q ignP � r►7 e; 5 f%'� x 1 i` %,V^ u t�/�rJ{mot Reviewer/Inspector Name Reviewer/Inspector Signature: /� y� j' J� ,,�' Date: 711.2100 Facility Number: t... — Date n#' lufipcction ') Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or 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 vVNo 30. Were any major maintenance prublems 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? ❑ YesXNo 3/23/99 —� Revised lanuan, 22, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number 3 - �� 2— Farms Name: C,� 2'+ On -Site Representative: tZ•ff /"0ti471 T Inspector/Reviewer's Name: P,Ll Date of site visit: Date of most recent WUP:2-3- Operation is'flagged for a wettable acre determination due to failure of Part 11 eligibility item(s) F1 F2 F3 F4 Operation not required to secure WA determination at this time based on exemption E1 E2 E3 E4 Annual farm PAN deficit: " e6 pounds Irrigation System(s) - circle #: 1. hard -hose traveler; 2. center -pivot system; 3. linear -move system; 4. stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlportable pipe; 6. stationary gun system wlpermanent pipe; 7. stationary -gun system w/portable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D2/D3 irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an l or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibility checklist, Part 11 - F1 F2 F3, before completing computational table in Part III). PART It. 75% Rule Eligibility Checklist and ocumentation of WA Determination Requirements. WA Determination equi ed b cause o ation f ils one of the eligibility requirements listed below: F1 Lack of acr g w�re�su>ltedin ver appl' you of wastewater (PAN) on spray field(s) accord' to farmsy of irrigation records. �2 Unclear, illegible, or lack otionlmap. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields - fields less than 5 acres for travelers or less than 2 acres for stationary sprinklers). F4 WA determination required because CAWMP credits fieid(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part III. Revised lanuan, 22, 1999 �ity"Number art III. Field. by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD NUMBER NUMBER' Z TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMP ACRES FIELD COMMENTS' % c FIELD NUMBER' - hydrant, pull, zone, or point numbers may be used in place of field numbers depending on CAWMP and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer wiil have to combine fields to calculate 75% field by field determination for exemption if possible, otherwise operation will be subject to WA determination. FIELD NUMBER` - must be clearly deiireated on map. COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 50% of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrication records, cannot serve as the sole basis for requiring a WA Determination. Back-uc fields must be noted in the comment section and must be accessible by irrication system. CLOVER 6i SERVICES-9 Inc. P. O. Box 215 • Sharpsburg, North Carolina 27878 • Telephone (919) 977-7881 June 28, 1999 Mr. Kenneth Schuster Regional Water Quality Supervisor 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 CERTIFIED MAIL Subject: Memo dated June 3, 1999 Notice of Deficiency Conetoe Farm Facility # 33-52 Edgecombe County Mr. Kenneth Schuster: L- This memo is intended to reply with your request on the here -in referenced subject. 1. The operator in charged has been changed to: R. H. Mohesky certificate # 16629 Secondary - Tom Robinson certificate #18818 2. The bermuda pasture was not overseeded. However, the pasture has been mowed to prevent shading. Sincerely, (555 Clover M Services, Inc. R. H. Mohesky President ,, l s 'Water Conservation .Operation Review ' �' $"'� L 0 Division o i and [3 Di n of Soil and WateriConservation CompliancetInspect�on` erg kt. "-• on + wk"'w ' i�.i lVI$iOn O W$tet QU$Itty€ 'Compliance Inspectii 6 ELK i'�ir ;q § i" €� tj €.r € ` -air. !� + + Et ,' - €-<�t�i b� Other A enc O eration Review= � � � r 10 Routine 0 Complaint 0 Follow-ue of DWQ inspection 0 Follow-up of DSWC review 0 Other Facility Number $72— Date of Inspection Time of Inspection 1 0 o b 24 hr.-(hh:mm) El Permitted Certified © Conditionally Certified (] Registered 10 Not O erational Date Last Operated: Farm Name: .. . � �u't . f'�.�!+ County: ,. Ls„�.,fi_C Ati. b:. e.................:..................... //� ff .• 1 Owner Name:............... /n [} h a, . .............................................................. Phone No:........................... Facility Contact: ................................. Title:................................................................ Phone No:................................................... ....................AA..................... / / V Mailing Address:......:. 4/ 0 k.,. �.L......5�?.'....s lJl��� 1���-........._t......7...A..................................... .......................... /�................. ..... Onsite Representative: lam• F� ' M i) 4 "/'�� lntegrator:..Gi l L�Cr..2.. .... ```5...... ............ ............ ........... ..... ..... Certified Operator:,,., T 1-2146-e- % Operator Certification Number: .......................................... Location of Farm: G .V / Y" � ✓1 r .................................................................................................................................................................................................... V............................................... — ... ................................................................ ............................................ Latitude �' �' �" Longitude 0 • Design Current.. _ Design Current 7, .1 Design Current Swine Capacity Population Cattle: Capacity Eopulatton ;. ❑ Wean to Feeder ❑ F er to Finish Zj Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars FED Layer ❑ Dairy Non -Layer „'E�E ❑ Non -Dairy ❑ Other a a; r , Total Design Capacity i.J�1 I k - Discharizes & 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? h. 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 galhnin? d. Docs discharge bypass a lagoon system? (If ycs, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure a Identifier:ITH 25/ Freeboard(inches): ................ ............ .........r..l........................................ ............................. 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) ❑ Yes [4-110�' ❑ Yes <o ❑ Yes ffNo ❑ Yes No ❑ Yes ❑ Yes VNo' ❑ Yes No Structure 6 Co.El YZ .Mma 3/23/44 M Facility Number: Z Date of Inspection r 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan'? I ❑ Yes o (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? & 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 Apelication 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes No ❑ Yes ❑ Yes o ❑ Yes No ❑ Yes 12. Crop type r I-- 13. Do the receiving crops differ wi h those designated i the Certified Animal Waste Management Plan (CAWMP)? [:]Yes ��'No�. 14. a) Does the facility lack adequate acreage for land application? wers s jd o b) Does the facility need a wettable acre determination? or o c) This facility is pended for a wettable acre determination? es 0 No 15. Does the receiving crop need improvement? V1 Q A5- �-=j b ►^�tn ,ter/ 5-) 17-S -Df 4-d �sti4/-r f �-C_ es [INo Omn 16. Is there a lack of adequate waste application equipment? ❑Yes o Reauired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes 8'N-o 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 o� 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) s 0 No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes -No 21. Did the facility fail to have a actively certified operator in charge? t es ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) r ❑ Yes 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes 0"No 24. Does facility require a follow-up visit by same agency? ❑ Yes 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ;No 0: Ko yiolapgris'or• de ci6ncies •were pgted• during this visit' - Y:oik :WHI-teeeiye ii6 fuftho coerespondeRce. about this .visit.. . . . . . . . . . . C1. nenottme' , s1. E Use drawttigs of facility tti better explarn srtuations (nse arlditianal� pages as, necessary) '? jjj ix ; , 3.;A -:. I 1., !t',' i .. r.: fG. d: "➢ d:" £, i. <.�.¢...a .a €... Cs .,6. 4f`ia.. 4 ►V � G� fr � �'� � �C , ti� �`,e. n D l�� tf J✓�� r� G i [N�r''"" �� ry1 ,� !•'1 D LS � �� r L r 4-v ew_1 � '� ` 7 '* d OL (o 4-,) chh9n�jz 6g, I. J=, c T • -. ��S , W 1 { �� ti � 6.rt-�i 4� �•P 14t r� � 0.��� � f �-T� ti- s o � � f3- T cv,D ���� N�iQjp Cah be J�7 ��1F d1(q_ .Sr% / %1 / Reviewer/Inspector Name }; '1 1 Reviewer/Inspector Signature: Date: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE Division of Water Quality June 3, 1999 CERTIFIED MAIL RETURN RECEIPT RFQ1TESTED Mr. Roland H. Mohesky Clover M Farms P.O. Box 215 Sharpsburg, North Carolina 27878 Subject: Notice of Deficiency Conetoe Farm Facility # 33-52 Edgecombe County Dear Mr. Mohesky: On May 17, 1999, Mr. Buster Towell of the Raleigh Regional Office conducted a compliance inspection at the subject swine facility. The following deficiencies were noted: There was no current Operator In Charge for this facility. Mr. Ken Page was listed as the OIC for the Conetoe Farm and the inspection revealed that Mr. Page is no longer employed by Clover M Farms. You should contact Ms. Beth Buffington with our Operator Training and Certification Branch to obtain a change form to designate another Operator In Charge for this facility. The receiving crop needs improvement. The winter overseed needed to be removed so that the underlying coastal bermuda will not be shaded out. Please respond to this Noticein writing within fourteen days of your receipt. The Raleigh Regional Office appreciates your cooperation in correcting these matters. If you have any questions you may call Mr. Buster Towell at (919) 571-4700. fMn� A6Uanneth Schuster, P.E. Regional Water Quality Supervisor cc: Edgecombe Health Dept. Mr. A.B. Whitley, Edgecombe Soil & Water Conservation District Ms. Margaret O'Keefe, RRO-DSWC DWQ Non -Discharge Compliance Unit 3900 BARRETT DRIVE, SUITE 101, RAMON. NORTH CAROLINA 27609 PHONE 9t9-571-4700 FAX 919.87t-4716 AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLEO/1 O% POST -CONSUMER PAPER `F1i1z ❑ Div n of Soil and Water Conservation ❑ Other Agency ivision of Water Quality 10 Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other Date of Inspection Facility Number Time of Inspection 3 d 24 hr. (hh:mm) ©Registered Certified © Applied for Permit © Permitted IONotOperational I Date Last Operated: Farm Name: ....................... "P:!� ..........::�.!':!`:`.................................................... county: L- �. �..�.. Owner Name:.:.:. Z Z' 7 rn............................................................................ Phone No:............. FacilityContact: '':............................................. Title:................................................................ Phone No:................................................... Mailing Address: ....U...zL........h.rhxr................�.�.�............................................... .......................... {{�� �-� M d �l e /C. ..% C�t) vc 2 tx-\ Onsite Representative:.!`~:...... ................................ Integrator:....... ...................................... Certified Operator:.........K�!h......... ..- ..........:.. ......... .... .. Operator Certification Number;..................... Location of Farm: �1„j Latitude �' �' �" Longitude• Aestgn' Current Design Current Design : Current Swine z.'Capac'tty Population Poultry' x. Capacity Population Cattle Capacity, Paputon x .. VWean Feeder ❑ Layer Finish ❑Non -Layer ❑Non -Dairy Wean t. ❑ Other .. ❑ Farrow to Feeder ❑ Farrow to Finish ''oral Design CapaClty ' GiltsAl a ota [IBoars SLW3 AAl Nuber o its / Noldi PDnds ❑Subsurface Drains Present ❑Lagoon Area ❑ Spray Feld Area ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? ❑ Yes VNo 2. Is any discharge observed from any part of the operation? ❑ Yes Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes X b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes 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) El N 3. Is there evidence of past discharge from any part of the operation? ❑ Yes N 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes N 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes No 7/25/97 4.w Facility Number: r 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Laeoons,11oldine fonds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 ❑ Yes L�No ❑ Yes , No Structure 6 Identifier: Freeboard(ft): .................................. ......................................................... ........................................................................ . 10. Is seepage observed from any of the structures? ❑ Yes No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes No 12. Do any of the structures need maintenance/improvement? ❑ Yes No (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? ❑ Yes o Waste Application 14. Is there physical evidence of over application? ❑ Yes No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ��9. ........�C... f i s.....................................................................................................................................................,.�.........��� 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes l,d'No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes �No 18, Does the receiving crop need improvement? ❑ Yes EJ No 19. Is there a lack of available waste application equipment? ❑ Yes 20. Does facilityr uire a follow-up visit b same a enc ? ❑ Yes:N��5o eq p Y g Y21. Did Reviewer/]nspector fail to discuss review/inspection with on -site representative? ❑ Yes N 22. Does record keeping need improvement? ❑ Yes No For_Certitied or Perini tted•Facilities Only 23. Does the facilit it to have a copy *of the Animal Waste Management Plan readily available? ❑ Yes 24. Were a additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 25. a any additional problems noted which cause noncompliance of the Permit? ❑ Yes No Ll No.violation5-or. deficiencies. were• noted• during this.visit.. Yon.will r_eceive-no-furthier- . �.-correspQ�idei�ceaU.oittfhis:visit:::.;:-:-:�:-:-. ;-:::�.:.• �.-::�:�: ; :.:.�:.:�:�.: . Follow-up of Facility Number'.���� S 13 Registered [3 Certified © Applied for Permit 13 Permitted FarmName:....-U. ?.t- .... ��.L%......... ................................................................ Follow-up of DSWC review 0 Other Date of Inspection 3 Gi`d Time of Inspection _U 24 hr. (hh:mm) 0 Not Operational I Date Last Operated: .............. County:.....1���...?............................. OwnerName:_... ............................................. ........................................................................ Phone No:....................................................................................... FacilityContact:.............................................................................. Title:................................................................ Phone No:................................................... MailingAddress: ............. ....................................................................................................... ............................................................. Onsite Representative:.......:....r ..... Integrator:...... i/; Certified Operator;................................................................................................. . Operator Certification Number:................ Location of Farm: Latitude C¢ ' Longitude a 6 L_._ ____I'° 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 Dischar-e originated ac ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes 4 No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) [I Yes {io c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes _,ZNo 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? ❑ Yes No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes VNo maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design'? ❑ Yes 16 No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes A�No 7/25/97 Continued on hack Facility Number: 3�- 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Laeoons,Iiolding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure. 2 Structure 3 Structure 4 Structure. 5 Identi0er:.....I......1................................................................... J. .......... .................. ................. ........................... I....... ... Freeboard (ft):...l.r`�I•..........................{.......................����ja.................................. .. ................................................. . 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 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 waterrss of the State, notify DW 15. Crop type .... p�'�'' ...................... ..�1!`!%�....�........,(�,1��S ........................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 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? 2I. 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? ❑ Yes EINo ❑ Yes 5,No Structure 6 ❑ Yes �o ❑ Yes L No El Yes INO ❑ Yes P4O ❑ Yes .................................... ❑ Yes No ❑ Yes ;a No ❑ Yes ,-No ❑ Yes �'S�10 ❑ Yes/No ❑ Yes 0 ❑ Yes No No.violations or deficiencies. were noted ditr.ing this.visit. You.rvill receive no further'', correspondence about this visit.' ❑ Yes 10, No ❑ Yes No ❑ Yes �NO a- a tiov ,�� fll elc- N t E-PE0 YC i i Id s Yt1%�� e-5 7/25/97 Reviewer/Inspector Name Reviewer/Inspector Signature: i?'rf ��/.i[�� C/ ,(��Pi� Date: 'Jf'b State of North Carolina IT Department of Environment, 'k?FA Health and Natural Resources ` • 0 Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary EDF-=HNF;Z A. Preston Howard, Jr., P.E., Director April 3, 1997 R.H. Mohesky Clover M Farms Inc - Coneto�m PO Box 215 jl �• ppR Sharpsburg NC 27878 "z otice of Violation Designation of Operator in Charge I , f Clover M Farms Inc - Conetoe Farm Facility Number 33--52 Edgecombe County Dear Mr. Mohesky: You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve;W. Tedder, Chief Water Quality Section bb/awdesletl cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535. ���� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/i0°h post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary !A4�ja 1DEF.HNFZ DIVISION OF WATER QUALITY July 28, 1997 Mr. R.H. Mohesky P.O. Box 215 Sharpsburg, North Carolina 27878 Subject:Compliance Evaluation Inspection Facility # 33-52 Conetoe Farm Edgecombe County Dear Mr. Mohesky: On July 17, 1997, Mr. Buster Towell from the Raleigh Regional Office conducted a compliance inspection of the subject animal facility. This inspection is part of the Division's efforts to determine compliance with the State's animal.waste nondischarge rules. The inspection determined that your animal operation was not discharging wastewater into waters of the State and that the waste lagoon had the required amount of freeboard. As a result of the inspection the facility was found to be in compliance with the State's animal nondischarge regulations. This office would' also like to take this opportunity to remind you that you are required to have an approved animal waste management plan by December 31, 1997. This plan must be Certified by a designated technical specialist or a professional engineer. For a listing of certified technical specialists or assistance with your waste management plan you should contact your local Soil and Water Conservation District office. The Raleigh Regional Office appreciates your cooperation in this matter. I€ you have any questions regarding this inspection please call Mr. Buster Towell at (919) 571-4 000. Sincerely, J y Ga rett Water Quality Section Supervisor CC., Edgecombe County Health Department Mr. A.B. Whitley, Edgecombe Soil and Water Conservation District Ms. Margaret O'Keefe, DSWC---RRO DWQ Compliance Group RRO Files 3800 Barrett Drive, Suite 101, W' FAX 919-571-4718 Raleigh, North Carolina 27609 N%W C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50w recycled/10% post -consumer paper Facility Number Farm Status:- egist, ed ❑ Applied for Permit Certified ❑ Permitted n❑/Not Operational /Date Last (Operated: .................................._......_......._......................................................................_....._................. Farm Name: .S r(..Oi .! ._ ...a.5 ltZY1.E .'�P-e:.._F?!u?.....__...... County: ..:GS0:r.:.!b...a=.............................. p , / (�.. �1 G1 a Land Owner Name:...-. lr ..1.........m.QB��..S[_................ _....................... Phone No: ... ...1._�. ..r..._1....Z ....... _ .4...�............. Facility Conctact: Title: Mailing Address: .... ..__U__..u_ .... �LJ_5.......... �"A✓j? S tc� Onsite Representative:.2.. D I ..... c Certified Operator:..... F:..3!7......M J ts€"........................................ _............ /.................. ... Location of Farm: ldi, , !' 2, Phone No: -1-7 Operator Certification Number: Latitude =* 0` 0" Longitude =• 0` 0,. 1. Are there any buffers that need maintenance/improvement? 2. 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 Surface Water? (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) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require 4/30/97 maintenance/improvement? ❑ Yes 'a"'" ❑ Yes No ❑ Yes �No ❑ Yes ❑ Yes 0 N ❑ Yes N ❑ Yes NN ❑ Yes No Continued on back n )racility Number:... — =� 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes l!f No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No Strugturgs [ agoov. and/or Holding 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes eNo Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ...... ►a...... ...... ......... ............................ ............................ ............................ ............................ 10. Is seepage observed from any of the structures? ❑ Yes E o 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes k Vo 12. Do any of the structures need maintenance/improvement? ❑ Yes r`-""' (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? es i_3 No Waste Application 14. Is there physical evidence of over application? ❑ Yes � 1Vu (If in excess of WMP, or runoff entering waters of the State, notify DWQ) r 15. Crop type - K_!! s ............................................................................................................................................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑Yes ❑ No 00 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes 18. Does the receiving crop need improvement? ❑ Yes o 19. Is there a lack of available waste application equipment? ❑ Yes go 20. Does facility require a follow-up visit by same agency? El Yes ;No 21. For Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? Certified Facilities Only ❑Yes No 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 24. Does record keeping need improvement? ❑ Yes ❑ No Reviewer/inspector Name : a ,. °4 , ��: a.:.z al . ...:. ..f.: H: Reviewer/Inspector Signature: Date: :Z l ` 97 cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97 State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary e�� DEHNR DIVISION OF WATER QUALITY November 22, 1996 Mr. R. H. Mohesky Clover M. Farms P.O. Box 215 Sharpsburg, North Carolina 27878 Subject: Compliance Inspection Conetoe Farm Swine Operation North Carolina Highway 42 Facility No. 33-52 Edgecombe County Dear Mr. Mohesky: On August 6, 1996, Mr. Eric Fleek from the Raleigh Regional Office conducted a compliance inspection of the subject animal facility. This inspection is part of the Division's efforts to determine potential problems associated with liquid waste disposal systems. Effective wastewater treatment and facility stewardship are a responsibility of all animal facilities. The Division of Water Quality is required to enforce water quality regulations in order to protect the natural resources of the State. Accordingly, illegal discharges of wastewater to surface waters of the State are subject to the assessment of civil penalties and may also result in the loss of deemed permitted status, requiring immediate submission of a waste management plan. The inspector noted that this facility has (according to Clover M. representative Robert Kreft) sealed the pipe in the lagoon wall by filling it with concrete. Also, the Division of Water Quality's records indicate that this facility was originally registered for farrow to feeder swine. Currently this facility has changed to a farrow to wean operation. As a result, no increase in Steady State Live Weight occurred and according to 15A NCAC 2H .0203 (15), this change does not constitute an expansion of the operation. This Office appreciates the assistance of Mr. Kreft during the inspection. If you have any question regarding the results of the inspection please call Mr. Eric Fleek or Mrs. Judy Garrett at 571-4700. Sincerely J Z, '04,,Z'UJ� Ji3flv E. Garrett Water Quality Supervisor cc: Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Steve Bennett-N.C. Div. of Soil and Water Conservation 3800 Barrett Drive, Suite 101, OW FAX 919-571-4718 Raleigh, North Carolina 27bf19 N :� C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recycled/10% post -consumer paper Facility Number: 3a_ a Division of Environmental Management Animal Feedlot Operationstee VAWtation Record Date:j ` Time: Farm Name: ' �,_ 1 VI Owner�Name: i - bb On Site Representative:��11O�1d�Y r Mailing Address: W _ 2.O - 0 l� Physical Address/Location: - lU C �= LeiAV CW Latitude: I I ' Longitude: I I Operation Description: (based on design characteristics) C ( I ArfO Kof Swine No. of An Type of Poultry No. of Animals Type of Carde No. of Animals ow C] Layer ❑ Dairy ursery ❑ Non -Layer ❑ Beef 0 Feeder Fur ;v,,5 to Foec& -, ir, h4 5 ico r Mt%_40 OtherType of Livestock: Number of Animals: V_ev"%� Number of Lagoons: (include in the Drawings and Observations the freeboard of each Iagoon) utility Inspection: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Yes ❑ Nov Is seepage observed from the lagoon?: Yes ❑ NoX Is erosion observed?: Yes ❑ NoM Is any discharge observed? Yes ❑ No 0 Man-made ❑ Not Man-made I Cover Crop Does the facility need more acreage for spraying?: Ye4 No ❑ Does the cover crop need improvement?: Yes ❑DNo ❑ (list the crops which need improvem nt} MGv �Ei Crop type:Cj /Vi 4L Acreage: �,xA;�ii Gr�74P- Setback Criteria LU R C 5 Is a dwelling located within 200 feet of waste application? Yes ❑ No Is a well located within 100 feet of waste application? Yes ❑ No Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes ❑ N04, Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ N� A01 -- January 17,1996 Faciiiry Number:, -- Division of Environmental Management Animal Feedlot Operation ite 11' itation Record Date: l� Timer_ - General Information: } Farm Name: LlUV ( ___county:_0S4:2C0444x2 Owner Name: Phone No:_ 44 (a-t 635 On Site Representative: Integrator: Mailing Address: °� ,` - (cy JV N.0 G _ Physical Address/Location: 5 2 - 6�NC ( � Latitude: I I Longitude: 1 I eration D crl ti n: (based on design characteristics) Type of Swine No. ofAnimals Type of Poultry No, of Animals Type of Cattle No. of Animals Sow 1140 a Layer ❑ Dairy Nursery G] Non -Layer ❑ Beef ❑ Feeder OtherType of Livestock- Number of Animals: Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon) Facility Irtsgec 'ran: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Yes x No ❑ Is seepage observed from the lagoon?: Yes ❑ No 4 Is erosion observed?: Yes ❑ NO* Is any discharge observed? Yes ❑ Nox ❑ Man-made 0 Not Man-made Cover Crop M�c� Does the facility need more acreage for spraying?: Yes ❑ o ❑ Does the cover crop need improvement.. Yes ❑ No ❑ ( list the crops whit' need improvement) j qw4{�` Crop type:— 0( k Acreage: ��-vJ F P[d„� Setback Criteria Is a dwelling located within 200 feet of waste application? Yes ❑ No Is a well located within 100 feet of waste application? Yes ❑ Na Is animal waste stockpiled within I00 feet of USGS Blue Line Stream? Yes k No ❑ Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Ye0k No ❑ AOI -- January 17,1996 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED R. H. Mohesky CIover M Farms Inc. P.O. Box 215 Sharpsburg, NC 27878 Dear Mr. Mohesky: AA±fi LIMMI C)EHNI =1 March 6, 1996 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215(e) Edgecombe County File No, CF 95-12 This letter transmits notice of a civil penalty assessed against Clover M Farms Inc. in the amount of $4,338.00 including $338.00 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 pursuant to N.C.G.S. 143-215.6A(h). 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: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, and Natural Resources (do not include waiver form j. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. - Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 w. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper r2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 2 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, North Carolina 27611 Failure to exercise one of the'options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: iRaleigh Regional Supervigor-w/-attachmentsD Compliance/Enforcement File w/ attachments Central Files w/ attachments STATE OF NORTH CAROLINA COUNTY OF EDGECOMBE IN THE MATTER OF CLOVER M FARMS INC. FOR A VIOLATION OF G.S. 143-215(e) CONSTRUCTING A CONVEYANCE FOR WILLFULLY DISCHARGING POLLUTANTS TO WATERS OF THE STATE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. CF 95-12 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: FINDINGS OF FACT: A. Clover M Farms Inc. is a corporation organized and existing under the laws of the. State of North Carolina. B. Clover M Farms Inc. operates an animal feeding operation on N.C. 42 East of Conetoe, North Carolina. C . On August 4, DEM staff observed a discharge of wastewater by Clover M Farms lagoon to an unnamed tributary to Conetoe Creek, which are Class C-NSW waters of the State. D. Clover M Farms Inc, willfully discharged pollutants to waters of the State. E. The costs to the State of the enforcement procedures in this matter totalled $338.00. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Clover M Farms Inc. is a "person" within the meaning of G.S.143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Conetoe Creek constitutes waters of the State within the meaning of G.S. 143-215. 1 (a)(1) pursuant to G.S. 143-212(6). C. The above -cited discharge constituted constructing a conveyance for the willful discharge of pollutants from an animal feeding operation to waters of the State pursuant to 143-215(e). D. Clover M Farms Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215(e), which provides the Commission the authority to assess fines and penalties not to exceed five thousand dollars ($5000.00) for the first offense for the willful discharge of pollutants from an animal feeding operation to waters of the State. E. The State's enforcement costs in this matter may be assessed against Clover M Farms Inc. pursuant to G.S. 143-2I5.3(a)(9) and G.S. 14313-282.1(b)(8). F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Clover M Farms Inc. is hereby assessed a civil penalty of: $ 4ed-" • ° v $ Gfor -'p . Q J $_338.00 $ 4/3 3Ir. 0'0 for constructing a conveyance for the willful discharge of pollutants from an animal feeding operation to waters of the State. TOTAL CIVIL PENALTY, which is gf0 percent of the maximum penalty authorized by G.S. 143-215(e). Enforcement costs. 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-282.1(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 water quantity or quality or on air quality; (4) The cost of rectifying the damage, (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. ate) A. Preston Howard, Jr., P.E., Director %?r Division of Environmental Management DEM/RRO 95/8/7 'Memorandum: R. H. Mohesky Facility Inspection/SR 1126/Edgecombe Co: This past Friday (95/8/4) A second R. H. Mohesky hog operation at SR 1126 was inspected. The findings are as follows: 1) Freeboard at lowest point was 2 inches. 2) Extremely large quantities of uncontained waste were observed between, behind, in front and along the 'sides of all of his containment buildings. However, at the time of my visit, none of this waste was found to be reaching surface waters. DEM/RRO 95/8/7 Memorandum: R. H. Mohesky Facility Inspection/SR 1146/Edgecombe Co. This past Friday (95/8/4) a third R. H. Mohesky hog operation at SR 1146 was inspected. The findings of this inspection are as follows: 1) Ditch adjacent to spray field contained what appeared to be wastewater. 2) Spray pipe crossed over .the ditch to the spray field. At the corner of the pipe, standing wastewater was observed only l to 2 feet from the ditch. Standing wastewater seen throughout 'the sprayfield and along much of the spray pipe. DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE WATER QUALITY SECTION November 28, 1995 M E M O R A N D U M To: Steve Tedder Through: Ken Schuster Judy Garrett From: Eric Fleek Subject: Notice of Violation and Assessment of Civil Penalties Violation of 15A NCAC 2H .0217 (a) (1) (G). Certification for New or Expanded Animal Waste Management Plans R.H. Mohesky, Owner Clover M. Farm, Inc.-(Conetoe Creek Swine Operation) NC Highway 42 Edgecombe County Facility No. 33-52 Attached is a NOV regarding the failure of the aforementioned owner to submit the required certification/animal waste management plan for an expanded facility after the December 31, 1993 cutoff date. Also, please find an attached enforcement package regarding the same owner and operation. If you have any questions whatsoever regarding this operation, please call Ted Cashion or Eric Fleek. State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject:NOTICE OF VIOLATION �EHNR ASSESSMENT OF CIVIL PENALTIES Certification for New or Expanded Animal Waste Management Plans As Per 15A NCAC 2H .0217(d) Clover M. Farm (Conotoe Creek Operation), Facility No. 33-52 NC Highway 42 Edgecombe County Dear Mr. Mohesky: This letter transmits a civil penalty assessed against R.H. Mohesky in the amount of $1000.00 and a Notice of Violation. This assessment and notice is based on the following facts: An approved animal waste management plan certification was not received by the Division of Environmental Management before animals were stocked at your facility as required by 15A North Carolina Administrative Code 2H .0217(a) (1) (G). I conclude, R.H. Mohesky violated or failed to act in accordance with the requirements of 15 A NCAC 2H .0217(c). Therefore, I hereby assess R.H. Mohesky a $1000.00 civil penalty for this violation pursuant to G.S. 143-215.6A (h). You are required to submit a certification form. Assistance in completing the form can be obtained from one of the local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to rules adopted by the Soil and Water Commission. The form should be sent to: Division of Environmental Management Water Quality Section P.O. Box 29535 Raleigh, North Carolina 27626-0535 Failure to submit this form and a copy of your waste management plan to the above address within 60 days of the receipt of this notice will subject the violator to a second civil penalty assessment of a fine of up to $10,000 per day per violation by the Division of Environmental Management and the facility being required to apply for an individual nondischarge permit. A copy of your plan must also be submitted to your county Soil and Water Conservation District. Within 30 days of receipt of this notice, you must submit the required certification form and choose one of the three following options concerning the civil penalty assessment. 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, and Natural Resources (do not include waiver form) . Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Fquai Opportunity Affirmative Actlon Employer 60% recycled/ 10% post -consumer paper R.H. Mohesky Notice of Violation Page 2 Mr. Steve W. Tedder Water Quality Section Chief P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 2. Submit a written request for remission or mitigation including a detailed justification for such a request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of penalty and is not the proper procedure for contesting the accuracy of any statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the determent of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings., Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, North Carolina 27611 Failure to exercise one of the options above within 30 days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a R.H. Mohesky Notice of Violation Page ' 3 request to initiate a civil action to collect the penalty. Please be advised that this assessment does not prevent the Division of Environmental Management from taking enforcement actions for past or future violations. If you have any questions concerning this matter please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083, ext..581. Sincerely, A. Preston Howard Jr., P.E. ATTACHMENTS cc: Regional Supervisor Edgecombe County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NC DSWC Compliance/Enforcement File Facility Number:Jr____� Division of Environmental Management Animal Feedlot Operations tee Vx'itation Record Date:_j . Time: Farm Name: Owner N On Site Representative: Mailing Address: p_ D Physical Address/Location: 56 go. WPWI ., W "In, 42 -- Fran Con.Qfoe foi lu M C Latitude: 1 I Lon 'tude: I I Operation Description: (based on design characteristics) y e of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals Sow ❑ Layer ❑ Dairy Nursery ❑ Non -Layer ❑ Beef ❑ Feeder rar Fcaeoor-L gya 5 *70 r to OtherType of Livestock: Number of Animals: Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon) Facility Inspection: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Is seepage observed from the lagoon?: Is erosion observed?: Is any discharge observed? 0 Man-made ❑ Not Man-made Cover Crop Does the facility need more acreage for spraying?: Does the cover crop need improvement?: ( list the crops which need improvem nt) Crop type: (' /Vi Acreage: Setback Criteria Is a dwelling located within 200 feet of waste application? Is a well located within 100 feet of waste application? Is anima] waste stockpiled within 100 feet of USGS Blue Line Stream? Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? AOI -- January 17,1996 Yes ❑ Nol�( Yes ❑ NoX Yes ❑ NON Yes ❑ Nop� Yes( No ❑ Yes ❑upNo ❑ uvRcS Yes ❑ No Yes ❑ No Yes ❑ N.0 Yes ❑ Ncb�i Maintenance Does the facility maintenance need improvement? Is there evidence -of past discharge from. any part of the operation? Does record keeping need improvement? Did the facility fail to have a copy of the Animal Waste Management Plan on site? YA No ❑ Yesh, NG s j Yes ❑ No Yes ❑ N Signature:_ -4 Date: cc: facility Assessment Unit Use Attachments if Needed Drawings or Observations A01 -- January 17,1996 l State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary R.H. Mohesky Clover M Farms Inc - Conetoe Farm PO Box 215 Sharpsburg NC 27878 MAI EDF-=HNF:;Z November 13, 1996 SUBJECT: Operator In Charge Designation Facility': Clover M Farms Inc - Conetoe Farm Facility ID#: 33-52 Edgecombe County Dear Mr. Mohesky: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning t 's req irement please call Beth Buffington or Barry Huneycutt of our staff at 919n33-0026. Sincerely, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P,O, Box 27687, 4C Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/100/6 post -consumer paper DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE WATER QUALITY SECTION November 17, 1995 M E M O R A N D U M To:' Steve Tedder Water Quality Section Chief Through: Ken Schuster, P.E. Regional Superviso )L-� Through; Judy Garrett 4- Regional Water Quality Supervisor From: Ted Cashion. Chemist Eric Fleek Environmental Technician - Subject: Recommendation for Enforcement Violation of G.S. 143-215(e) R.H. Mohesky, Owner Clover M Farm, Inc. - Swine Operation Highway 42 East of Conetoe Edgecombe County Attached is an enforcement action for Water Quality Section review. This farm was inspected and a pipe in the lagoon dam was found discharging to surface waters. Attached is a copy of the Notice of Violation and the response from Mr. Mohesky. This office recommends that a civil penalty be assessed against Mr. Mohesky for violating G.S. 143-215(e). A loss of deemed permitted status letter has already been submitted to the Central Office for review. Please utilize the photographs sent with that letter to use for the enforcement case if necessary. Apparently, the enforcement action on this facility we sent September 26, 1995 never was received by the Central. Office. We submit this case again for your review. If questions please call. STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF EDGECOMBE FILE No. CF IN THE MATTER OF CLOVER M ) FARMS INCORPORATED FOR ) VIOLATION OF G.S. 143-215(e) } CONSTRUCTING A CONVEYANCE FOR ) WILLFULLY DISCHARGING ) POLLUTANTS TO WATERS OF THE } STATE ) acting pursuant to North Carolina General Statute (G.S.) 143- 215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Clover M Farms Incorporated is -a corporation organized and existing under the laws of the State of North Carolina. B. On August 4, 1995, DEM staff observed a discharge of wastewater by Clover M Farms Incorporated to an unnamed tributary to Conetoe Creek, which is class C-NSW waters. C. Clover M Farms Incorporated operates a swine operation on N.C. 42 East of Conetoe, NC. D. Clover M Farms Incorporated willfully discharged pollutants to waters o.f the State. E. The costs to the State of the enforcement procedures in this matter totalled $338.00 Based upon the above Findings of fact, I make the following: II. CONCLUSIONS OF LAW A. Clover M Farms Incorporated is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. An unnamed tributary to Conetoe Creek constitutes waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). C. The above -cited discharge constituted constructing a conveyance for the willful discharge of pollutants from the swine operation to waters of the State pursuant to 143-215(e). D. Clover M Farms Incorporated may be .assessed civil penalties in this matter pursuant to G.S. 143-215(e), which provides the Commission the authority to assess fines and penalties not to exceed five thousand dollars ($5000.00) for the first offense for the willful discharge of pollutants from an animal operation to waters of the State. E. The State's enforcement costs in this matter may be assessed against Clover M Farms pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143- 215.6A(h), has the authority to assess civil penalties in this matter. III. DECISION Accordingly, Clover M Farms is hereby assessed a civil penalty of: $ for constructing a conveyance for the willful discharge of pollutants from a swine operation to waters of the State. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215(e). $ 338.00 Enforcement costs. $ 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- 282.1(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 water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the, Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Date A. Preston Howard, Jr., P.E., Director Division of Environmental Management DIVISION OF ENVIRONMENTAL MANAGEMENT ENFORCEMENT CASE ASSESSMENT FACTORS Type: (CF) CAFO - Willful Discharge Violator: Clover M. Farms, Inc. Registered Agent: Walter Hinson R.H. Mohesky Address: P.O. Box 215 Address: 2403 Wooten Boulevard Sharpsburg, NC 27878 Suite B Wilson, NC 27895 Regional Office: Raleigh 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: The extent and degree of damage to the environment is undetermined at this time. Public health may be compromised if. the public has contact with the animal waste in the waters of the State. Private property damage has not been documented. 2. The duration and gravity of the violation: Unknown at this time. In Mr. Mohesky's response to an NOV, he stated he purchased the farm in March 1990 and was not aware of the drain pipe at the time of the purchase. 3. The effect on ground or surface water quantity or quality or on air quality: Unknown, 4. The cost of rectifying the damage: No damage has been documented; therefore, unable to determine. 5. The amount of money saved by noncompliance: The costs associated with the development and certification of a waste management plan, the costs of purchase and -installation of a waste distribution system and the implementation of same. 6. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management - Commission has regulatory authority: No known prior record at this site. 7. The cost to the State of the enforcement procedures: Environmental Chemist II - 8 hours @ 19.34/hr. = $154.72 Environmental Tech III - 4 hours @ 14.41/hr. = 57.64 Env. Engineer II - 1 hour @ 25.64/hr. = 25.64 Administrative Costs 100.00 Total $338.00 8. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: Mr. Mohesky has been cooperative in this investigation. 9. Mitigating circumstances: None. 10: Assessment factors: a) IWC - Unable to confirm but during dry periods, IWC is expected to be 100%. b) Receiving stream - UT to Conetoe Creek, Tar -Pamlico River Basin c) Damage (Yes or No)? If yes, include report from WRC. No damage documented. 11. Include a complete Animal Operations Inspection form. 12. Include a Loss of Deemed Permit Status letter for the Director's signature (will be sent to violator with the assessment). Letter has already been sent downtown per Shannon Langley - September.22, 1995. h:\animal\mohesky.enf State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Boyce A. Hudson, Regional Manager LT:.W;WA 4,am Abw�r� IDEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT August 9, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R.H. Mohesky Clover M Farm P.O. Box 215 Sharpsburg, NC 27878 Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT NOTICE OF VIOLATION Clover M. Farm - N.C. 42 East of Conetoe Edgecombe-County Dear Mr. Mohesky: During an inspection of your swine operation facility located on NC 42 east of Conetoe, on July 27, 1995 a pipe was observed in the dam of the lagoon. A foliowup inspection on August 4, 1995 showed this pipe discharging to surface waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State. North Carolina General Statute 143-215.1 requires that a permit must be secured from this Division prior to such discharges. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. You are also being notified that this office is considering making a recommendation for an enforcement action to the Director of the Division for the discharge to surface waters. If you have justification that this violation was caused by events or circumstances beyond your control, you must reply in writing to this office within ten (10) days after the receipt of this Notice. Your justification will be reviewed and forwarded to the Director for his consideration. In the absence of such Justification, the Director shall proceed with.the recommendation for enforcement. Animal operations in the State have been deemed permitted by the Division in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are met. 3800 Barrett Drive, Suite 101, Raleigh. North Carorina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% posf-consumer paper Mr. Mohesky August 9, 1995 Page 2 A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the State.. Due to the discharge observed'on August 4, 1995, this office will also recommend to the Director that the deemed permitted status of this facility be revoked. If you have any questions concerning this matter please do not hesitate to contact either Eric Fleek or Ted Cashion at 919- 571-4700. Sincerely, S Kenneth Schuster, P.E. Regional Supervisor cc: Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Facilities Assessment Unit h :1 animal\ mohesky. . rec 1 M1. SENDER; , �9'-complete items_t. and/or 2 for additional services_ m :• Complete iteri 3, end 4a & b. ; Priiit your nams and address on the reverse of this form so that we can . et return this card to you. ' YFAttach this this form to the front of the mailpiece, or on the back if space does not parrnit.,', .441 •"Writls 'Ratum Receipt Requested" on the msiipiece below the article number The Rewm Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 48. Art Mohesky 10 wish ,to receive the 'foliowing�,services (for an extra au I 'fee}: 1 - ❑'Addressee's Address cn ;..2.:❑ Restricted Deliver Y tL € Consult postmaster for fee. m ale Number. i 14-7 Y/V z h aka Clover" M 'Far-m 4b. -Service Type, 5'P 0` Box 215 ❑ Registered ❑ Insured s N S:har'psburg , NC 27878 s� - NOR'. -far 'En1Eo`r6ement/ 0' E'.F../T,C.tK.S. Aug leici =Q 5.:'Signature {Addressee) $. ' an cc 6. Si ure an .o PS Form $$11, December 1991 *U.S.GPO: t093-.3SZ7u 14341 ".❑ CODCb s Mail' ❑ Return Receipt for Merchandise f Delivery •°• . ssee's Address (Only if requested Y `. Fee paid} , m CKlcaf=E1 ESTIC RETURN RECEIPT WALTER L: HINSON, P.A. Walter L. Hinson ATTORNEYS AT LAW Anna G. Brake 2401-G Wooten Boulevard Post Office Box 7479 Wilson, North Carolina 27895-7479 Telephone: (919) 291-1746 Facsimile: (919) 291-2521 August 10, 1995 Mr. Kenneth Schuster, P.E. Regional Supervisor State of North Carolina Department of Environment, Health and Natural Resource 3800 Barrett Dr.., Suite 101 Raleigh, N.C. 27609 Re: Notice of Recommendation for Enforcement Notice of Violation Clover M Farm- N.C. 42 East of Conetoe Edgecombe County Dear Mr. Schuster: We represent R. H. and Shirley Mohesky and they have requested that we respond to your letter of August 9, 1995. Mr. and Mrs. Mohesky purchased the farm in March, 1990. The hog facility including the lagoon in question was existing on the property at the time of the purchase. The Moheskys were not aware of the drain pipe in question at the time of the purchase. During the period since they have taken title to the property they have upgraded the facilities and continuously attempted to operate the farm in a maimer that complies with all current governing regulations and good stewardship. The first awareness that Mr. and Mrs. Mohesky had of the drain pipe was when it was brought to their attention by the media. Apparently it was located by someone from your office during a routine inspection. Based on the investigation of our clients, at the time the drain pipe was placed in the lagoon it did not violate any governing regulations. At that time such construction was acceptable and a common practice. The pipe was located in an area that was not readily accessible. It was hidden by the natural vegetation of the area including grass and shrubbery -like overgrowth. Had Mr. and Mrs. Mohesky been aware of the pipe they would have immediately corrected the problem. Mr. Kenneth Schuster August 10, 1995 Page 2 In fact, the Moheskys were not aware of the situation until Friday, August 4, 1995. The following day, on what is normally a non -business day, our clients had located a contractor. The pipe was immediately removed and the lagoon was repaired in a workmanlike manner. It now conforms to all regulatory requirements. It would appear that any discharges have been nominal at most. An inspection of the immediate area of the discharge and the general area down stream from the discharge indicates that there have been no resulting damages. Mr. and Mrs. Mohesky have been farm operators all of their adult lives. Mr. Mohesky was raised'.'�� on a dairy farm and his education and professional career have been in agriculture. They have enjoyed a reputation as responsible citizens and individuals who are concerned about their community. Any violation of the North Carolina General Statutes was unintentional and has been corrected. We believe your review of the facts and the circumstances of this incident together with the prompt response of Mr. and Mrs. Mohesky justify a determination that no enforcement action is justified. We stand ready to provide you with any additional information you may -need or to otherwise cooperate with your office. Z ;&n WLIVtc cc: Mr. and Mrs. R R Mohesky Site Requires Immediate A_rEtn6or Facility No. ' DIVISION OF ENVIRONMENTAL MANAGEMEN7 A141MAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 11995 Farm Narae/ownenv=" Mailing Address: County: Integertar: _ __ __ On Site Representative: Physica? Addre,-�ocadon: Phone: Phone: Type of Operation: Swine Poultry Cattle Design Capacity: Number of Animals on Site: DEM Cerdfcatiou: Number: ACE DEM Cerdf�cation Number: ACNEW Latitude: Longitude: Elevation: _Feet Circle Yes or No Does the Animal Waste Lagoon have sufficienr freeboard of 1 Foot + 25 year 24 hour errra ev nt r`-A , ,approximately i Foot + 7 inches) Yes or No Actual Freeboard: Was any seepage observed froffa the lagoou�s)? Yes or iVo Was any erosion obser�se�? Y r io Is.adequam land available for spray'? Yes or No Is the cover crop adequate? Yes or No Crap(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No 100 Feet from Wells? Yes or No .,e. a it al waste stockptIed within 100 Feet of USGS Blue Line Strearn? Yes or No a;vrnal waste land applied or spray irrigated within 25 Feet of a liSGS iMap Biir Line'? Yes or No ardmal waste discharged into waters of the stare by inan-Evade ditch, flushing systein, or ocher :imi!ar man-tnadc± deNices'' Yes nor No Jf Yes, Please Explairi. �cs Mu facility maincain adequate waste manaserucnt records (volumes of manure, land applied. spray irrigated on a-pccific acrr_age with cover cro 1? Yes No .1d �tio al Cornments: } C3� % 1 i to -I t i - S i gna tur'e cc: Facility Assessment Unit Use Aitachmems if.Ne6ded. TOTAL P . �r2 Bllo.��nni� ���4P.nc- u5�� w DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE WATER QUALITY SECTION September 1, 1995 M E-M O R A N D U M To: Steve Tedder Water Quality Section Chief Through: Ken Schuster, P.E. Regional Supervisor Judy Garrett *• Regional Water Quality Supervisor From: Ted Cashion Environmental Chemist J Eric Fleek� Environmental Technici Subject: Loss of Deemed Permitted Status Clover M Farms, Inc. - Conetoe Farm N.C. 42 East of Conetoe Edgecombe County Registration # 33-52 Attached is a proposed loss of deemed permitted status letter for review. Also attached is a copy of the August 9, 1995 inspection letter sent to R.H. Mohesky, and their August 10, 1995 response. A pipe was found in the dam of the lagoon, discharging to a drainage.ditch leading to surface waters of the State. We recommend that this letter be presented to the Director for signature as soon as possible. An enforcement action for the pipe in the dam will be forwarded to you in a few days. If questions please call. h:\animal\mohesky.mem State of North Carolina Department of Environment, Health and Natural Resources 1YA Division of Environmental Management James B, Hunt, Jr„ Governor Jonathan B. Howes, Secretary ED L H N F� A, Preston Howard, Jr., RE„ Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R.H. Mohesky Clover M Farms, Inc. P.O. Box 215 Sharpsburg, NC 27878 Subject: LOSS OF DEEMED PERMITTED STATUS NOTICE OF VIOLATION As Per 15A NCAC 211 .0217(a)(1) Clover M Farms, Inc. - N.C. 42 East of Conetoe Edgecombe County Dear Mr.. Mohesky : Animal operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the State. During an inspection of your swine operation facility located on NC 42 north of Conetoe, on July 27, 1995 a pipe was observed in the dam of the lagoon. A followup inspection on August 4, 1995 showed this pipe discharging to surface waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is therefore no longer deemed permitted as a nondischarge facility under 15A NCAC 211 .0217. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: 1)1mmediately eliminate the discharge of wastewater; 2)make any modifications needed to ensure there will be no future discharges; 3) send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: P.O. Box 29535, Raieigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equol Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. Mohesky Page 2 Division of Environmental Management Water Quality Section Planning Branch P.O. Box 29535 Raleigh, NC 27626-0535 Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Region at 919-571-4700 or Dianne Williams Wilburn at (919) 733-5083, ext. 232. Sincerely, A. Preston Howard, Jr. P.E. cc: Judy Garrett Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Planning Branch Operations Branch h :1 animal\ mohesky . idp 16 SEND9R,­,7.-, ir: Complete ftern and)or 2 for additional services., _Cornplets, r I also wish.. to receive the taqfs'3 , d4s i b, Jollowing, T ry seCes for an'extra 'Q rV_ r your narns and address on the reverse: of this form s6.that 'we can ­� 1­ ­ '. ; , :.. ­­ idyo�u. � , return this card , .. . , "AD"@.r'A't't*6h'tWs form to the "m of the mallplace, or on the back It spaC6 .�it _ , . . .1 - - . -❑. U) J 0, -does not P&Ti ,. Reftipt Raqu's'stiad" an the rnallpiece below the irScI..number . . 1. ;" "; '.. . "O.Resiricte , d ellver�`,.•'� D 7:TfiqRst,urn Rscelp� will show to whorri the article was delivered end the date delivered. r ea Consult postmast r for f IUD 0 1 `3 ArtiCle Addressed to: 'R H Mobesky 48.'Article Number--- ---- E 9E '215 .4b. 'Servjce Type ou 1`14_jkii�ed ❑:16SU'red !.-.0- B o x Co arpsburg', NC- twc "O'COD S :*us .27878 N 0 R ".'-f 6 r 'E n.1 F6 i 'C' E� M e ai 06 [j­lkk6rh'heceipt for Merchandige z Y. F.:/: /T..'C.. [K S Aug Dellvery_`� -0 C: _ 1122 5.,,:Sighature (Addressee) ssea's Address.(Only if requested 8; 76\V W 6. S, gient) I urG PS Form` 1 , December 1991 *U,S. QP0. 1003--M-714 MESTIC ROURN RECEIPT State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Boyce A. Hudson, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT August 9, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R.H. Mohesky Clover M Farm P.O. Box 215 Sharpsburg, NC 27878 Subject; NOTICE OF RECOMMENDATION FOR ENFORCEMENT NOTICE OF VIOLATION Clover M Farm - N.C. 42 East of Conetoe Edgecombe County Dear Mr. Mohesky: During an inspection of your swine operation facility located on NC 42 east of Conetoe, on July 27, 1995 a pipe was observed in the dam of the lagoon. A followup inspection on August 4, 1995 showed this pipe discharging to surface waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State. North Carolina General Statute 143-215.1 requires that a permit must be secured from this Division prior to such discharges. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. You are also being notified that this office is considering making a recommendation for an enforcement action to the Director of the Division for the discharge to surface waters. If you have justification that this violation was caused by events or circumstances beyond your control, you must reply in writing to this office within ten (10) days after the receipt of this Notice. Your justification will be reviewed and forwarded to the Director for his consideration. In the absence of such justification, the Director shall proceed with the recommendation for enforcement. Animal.operations in the State have been deemed permitted by the Division in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are met. 3800 Barrett Drive, suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Actlon Employer W%recycled/ 10% post -consumer paper Mr. Mohesky August 9, 1995 Page 2 A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the State. Due to the discharge observed on August 4, 1995, this office will also recommend to the Director that the deemed permitted status of this facility be revoked. If you have any questions concerning this matter please do not hesitate to contact either Eric Fleek or Ted Cashion at 919- 571-4700. Sincerely, S Kenneth Schuster, P.E. Regional Supervisor cc: Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Facilities Assessment Unit h :1 animal \ mohesky. . ree WALTER L: HINSON, P.A. Walter L. Hinson ATTORNEYS AT LAW Anna G. Brake 2401-G Wooten Boulevard Post Office Box 7479 Wilson, North Carolina 27895-7479 Telephone: (919) 291-1746 Facsimile-. (919) 291-2521 August 10, 1995 Mr. Kenneth Schuster, P.E. Regional Supervisor State of North Carolina Department of Environment, Health and Natural Resource 3800 Barrett Dr., Suite 101 Raleigh, N.C. 27609 Re: Notice of Recommendation for Enforcement Notice of Violation Clover M Farm- N.C. 42 East of Conetoe Edgecombe County Dear Mr. Schuster: We represent R. H. and Shirley Mohesky and they have requested that we respond to your letter of August 9, 1995. Mr. and Mrs. Mohesky purchased the farm in March, 1990. The hog facility including the lagoon in question was existing on the property at the time of the purchase. The Moheskys were not aware of the drain pipe in question at the time of the purchase. During the period since they have taken title to the property they have upgraded the facilities and continuously attempted to operate the farm in a ma mer that complies with all current governing regulations and good stewardship. The first awareness that Mr. and Mrs. Mohesky had of the drain pipe was when it was brought to their attention by the media. Apparently it was located by someone from your office during a routine inspection. Based on the investigation of our clients, at the time the drain pipe was placed in the lagoon it did not violate any governing regulations. At that time such construction was acceptable and a common practice. The pipe was located in an area that was not readily accessible. It was hidden by the natural vegetation of the area including grass and shrubbery -like overgrowth. Had Mr. and Mrs. Mohesky been aware of the pipe they would have immediately corrected the problem. Mr. Kenneth Schuster August 10, 1995 Page 2 In fact, the Moheskys were not aware of the situation until Friday, August 4, 1995. The following day, on what is normally a non -business day, our clients had located a contractor. The pipe was immediately removed and the lagoon was repaired in a workmanlike manner. It now conforms to all regulatory requirements. It would appear that any discharges have been nominal at most. An inspection of the immediate area of the discharge and the general area down stream from the discharge indicates that there have been no resulting damages. Mr. and Mrs. Mohesky have been farm operators all of their adult lives. Mr. Mohesky­ was on a dairy farm and his education and professional career have been in agriculture. They have enjoyed a reputation as responsible citizens and individuals who are concerned about their community. Any violation of the North Carolina General Statutes was unintentional and has been corrected. We believe your review of the facts and the circumstances of this incident together with the prompt response of Mr. and Mrs. Mohesky justify a determination that no enforcement action is justified. We stand ready to provide you with any additional information you may �need or to otherwise cooperate with your office. Sincerely n WLFVtc cc: Mr. and Mrs. R. H. Mohesky �1�� .� w, ,. fr .y } .. �� .'. .f' � ✓�� � %� ' -�;;� �. . - _ .fir--Y'� � if ;�� y+ �+i 1�,1,r y f ,� �' � _ ! i _ ...ems . � ri - ;� � r ,, ._� •. � • t - f s .-� f � _ -3 � •! y _ 1� I - � :�.�".` r-_ - �i� y � - - may,` T r,� ;I ,_ '} l.� r ' � �r�:. �s; �,• . 4�,?� . ' �� I�,' '-� i� �I `T y , i i �� I ;. 7 :� .1 .I i f�„�� VY pane}.1 a�9a4 ' os r � � ��/% a y-� •, � �a���,,, �(I{7^ir! a r� r,r/-,aUuQ� / c�-, i+�M a0,(� J a�� �� f � I 1 f 64 / a+��( Nr� f'HnO.rS����9Gr1 ar f` �a�n�✓tG�u+ja4ra�f y�,na ya,�`1D 2�a19U"lw�[J + a�l 14 �o v Lo�Crime JC I e to w, k e 0Dve- NI WALTER L. HINSON, P.A. Walter L. Hinson ATTORNEYS AT LAW Anna G. Brake 2401-0 Wooten Boulevard Post Office Box 7479 Wilson, North Carolina 27895-7479 Telephone: (919) 291-1746 Facsimile: (919) 291-2521 August 10, 1995 Mr. Kenneth Schuster, P.E. Regional Supervisor State of North Carolina Department of Environment, Health and Natural Resource 3800 Barrett Dr., Suite 101 Raleigh, N.C. 27609 Re: Notice of Recommendation for Enforcement Notice of Violation Clover M Farm- N.C. 42 East of Conetoe Edgecombe County Dear Mr. Schuster: { AUG 141995 We represent R. H. and Shirley Mohesky and they have requested that we respond to your letter of August 9, 1995. Mr. and Mrs. Mohesky purchased the farm in March, 1990. The hog facility including the lagoon in question was existing on the property at the time of the purchase. The Moheskys were not aware of the drain pipe in question at the time of the purchase. During the period since they have taken title to the property they have upgraded the facilities and continuously attempted to operate the farm in a manner that complies with all current governing regulations and good stewardship. The first awareness that Mr. and Mrs. Mohesky had of the drain pipe was when it was brought to their attention by the media. Apparently it was located by someone from your office during a routine inspection. Based on the investigation of our clients, at the time the drain pipe was placed in the lagoon it did not violate any governing regulations. At that time such construction was acceptable and a common practice. The pipe was located in an area that was not readily accessible. It was hidden by the natural vegetation of the area including grass and shrubbery -like overgrowth. Had Mr. and Mrs. Mohesky been aware of the pipe they would have immediately corrected the problem. Mr. Kenneth Schuster August 10, 1995 Page 2 In fact, the Moheskys were not aware of the situation until Friday, August 4, 1995. The following day, on what is normally a non -business day, our clients had located a contractor. The pipe was immediately removed and the lagoon was repaired in a workmanlike manner. It now conforms to all regulatory requirements. It would appear that any discharges have been nominal at most. An inspection of the immediate area of the discharge and the general area down stream from the discharge indicates that there have been no resulting damages. Mr. and Mrs. Mohesky have been farm operators all of their adult lives. Mr. Mohesky was raised on a dairy farm and his education and professional career have been in agriculture. They have enjoyed a reputation as responsible citizens and individuals who are concerned about their community. Any violation of the North Carolina General Statutes was unintentional and has been corrected. We believe your review of the facts and the circumstances of this incident together with the prompt response of Mr. and Mrs. Mohesky justify a determination that no enforcement action is justified. We stand ready to provide you with any additional information you may need or to otherwise cooperate with your office. Sincerely 1. r n AY"M M cc: Mr. and Mrs. R. H. Mohesky .., State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Boyce A. Hudson, Regional Manager A4 t*o �k )& [DEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT August 9, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R.H. Mohesky Clover M Farm P.Q. Box 215 Sharpsburg, NC 27878 Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT NOTICE OF VIOLATION Clover M Farm - N.C. 42 East of Conetoe Edgecombe County Dear Mr. Mohesky: During an inspection of your swine operation facility located on NC 42 east of Conetoe, on July 27, 1995 a pipe was observed in the dam of the lagoon. A followup inspection on August 4, 1995 showed this pipe discharging to surface waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State. North - Carolina General Statute 143-215.1 requires that a permit must be secured from this Division prior to such discharges. Therefore the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. You are also being notified that this office is considering mak'ng a recommendation for an enforcement action to the Director of the Division for the discharge to surface waters. If you have justification that this violation was caused by events or circumstances beyond your control, you must reply in writing to this office within ten (10) days after the receipt of this Notice. Your justification will be reviewed and forwarded to the Director for his consideration. In the absence of such justification, the Director shall proceed with the recommendation for enforcement. Animal operations in the State have been deemed permitted by the Division in accordance with Title 15A of the North Carolina Administrative Code, 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are -met. 38M Barren Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper '81'. . Mr. Mohesky August 9, 1995 Page 2 A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the'State. Due to the discharge observed on August 4, 1995, this office will also recommend to the Director that the deemed permitted status of this facility be revoked. If you have any questions concerning this matter please do not hesitate to contact either Eric Fleek or Ted Cashion at 919- 571-4700. Sincerely, Kenneth Schuster, P.E. Regional Supervisor cc: Edgecombe County Soil and Water Conservation District Edgecombe County Health Department Facilities Assessment Unit h: \animal\ mohesky. rec r. DEM/RRO 95/8/7 Memorandum: R.H. Mohesky Facility Inspection/ NC 42/Edgecombe Co. This past Friday (95/8/4) a R. H. Mohesky hog operation near Conetoe in Edgecombe county was inspected. The findings of that inspection are as follows: 1) Manmade conveyance from lagoon to drainage ditch. The pipe was black and appeared to be plastic'. Pipe was seen on both sides of the lagoon wall and was slightly below water level on both sides. 2) The receiving ditch was approx. 3.5=4 .5 ft.. wide and was holding what appeared to be standing wastewater. The ditch was followed -for approximately 400 yards, its entire, length containing standing wastewater. 3) After -the approx. 400 yards had been traveled along the ditch, a nearby canal was observed. This canal was approx. 25-30 ft. wide and directly fed into the Conetoe Creek which was .75-1 mile away. 4) Between the ditch and the canal was a narrow (approx 15 ft-. wide) strip of field. Upon close examination, it was determined that the water from the ditch was in contact with the canal water via a buried pipe. Water levels of both the ditch and canal were too high to directly• observe this pipe. However, it was found by probing beneath the water'with a soil auger and being able to hear the two surfaces strike. • JUL-14--1995 15: ?s FROM DEM WATER CIUAL 1 TY SECT 1 iJN TO FcF�1 P . 02/02 Site Requires .Immediate AtTcn!2on Facility No. DfVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: ? ,4 75 , 1995 TiFne:._ 1 0 0 C Farm Name/Owner: UGVE i Mailing Address: County; Integrator. On Site Re -presentative: Physical Address/Location: �25 Phone: of Type of Operation: Swine �� Poultry Cattle �,_� q� C Design Capacity: 40 G Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude: Elevation: Feet Circle Yes or No Does the animal Wasre Lagoon have sufficienr freeboard of l Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) (Yee or(R) Actual Freeboard: —L—Fc. ___L .inches Was any seepage observed from the lagoon(s)? Yes or To Was any emsion obs ed? Yes or zo Is adequate land available for spray'? Yes or Is the cover crop adequate? Yes No Crop(s)being(s) ��� uti� li: C-,(JED Does the facility meet SCS minimum setback eriteria'1 200 Feet from Dwellings. Y���. or No 100 Feet from Wells? Yes r No --`)c a^imal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or : dinal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Luce' Yes or No�� animal waste discharged into waters of the state by tnan-made ditch, flushing system, or other -dmi;a_r man-made delrices' Y,e or No if Y ws, Please ExplSiTt. r►„c1 �hc:.facility maintain adequate waste mastagerocnt Tecords (volumes of rzianure. land a plied spray irrigated on specific acreage with cover crop)'? Yes o No WPAVA v Additional Comments: I JL Ir/Yrs mist _ �[�Ll �/�'/C C.P. �( (5 C.kWi A G �+a CP- aLA/( v / Ci 1)L/P C I=WWI L.9=WV Signature cc: Facility Assessment Unit Use Attachments if Needed. Q0 �j /� � / TL#TFL P .02 ]'UL-14-1995 15 ; 2a FROM DEN WATER CiUAL [ TY SECT [ uN Tu RRO P.02/ 2 Site Rewires Immediate..Agtnion- eS Facility No. DIVISION OF ENVIRONMENTAL MANAGEMEN-F ANIMAL FEEDLOT OPERATIONS SIT& VISITATION RECORD .DATE:ua 1995 Time: Farm Name/Owner: C Mailing Address - County: Integrator ^ _ _ _ _ _ _ _ —_ _— Phone: On Site Representative: Phone: Physical Address/Location: _ a .h� J71 .001J.-1C4e_— Type of Operation: Swine %L Poultry Cattle Design Capacity: Number of Animals on Site: DEM Certification Number: ACE DEM Certi.fcation Number: ACNEW Ladtude: . ` e Longitude: J�� ' 66 04 Elevation: Feet Circle Yes or No Des the .Animal Waste Lagoon have sufficient freeboard of I Foor + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes or No Actual Freeboard: c. 0 Inc es ,,��yy� Ole Was any seepage observed from the lagoon(s)? Yes or No Was any erosion ob6s ' e�es No Is adequate land available for spray'? es or No Is the cover crop adequate? Yes or No Crop(s) being utilized: Ll rl Doer the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Ye or -No 100 Feet from Wells? es r No a^irnal waste stockpiled within 100 Feet of LJSGS Blue Line Stream? Yes or No animal waste land applied. or spray irrigated within 25 Feet of a USGS iViap Blue Line'? Yes or No ',: ani.mal waste discharged into waters of the state by inan-made ditch, tlusbing systein, or usher ,imi;ar man-made deNices'? Yes or No .Li Y;;s, Please E:cplairt. Ae be/v&" % talc f:w ity maintain adequate Waste niatiagerncnr records (volumes of manure, land applied. SPraY i.rn,-aced on specific ac i:4ge with cover crop)? Yes or No Ito Oa 14 %a 0 0%C t Q� -6 h rfi `'� 0 XZ J 0 i' �.� I:•: SInarwe r" g cc: Fa.ciliV Assessrnent Unit Use Attachments if Needed. TOTAL F.e2 Ted C $1�v Rio . . rv�h�s av REGISTRATION FORM FOR ANIMAL FEEDLOT OPE `TONS CEC�9� �_ Department of Environment, Health and Natural. resources Division cn Division of Environmental. Management Water Quality Section c If the animal waste management system For your feedlot o9�c s designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by. December 31, 1993 pursuant to 15A NCAC 2H.0217(c), in order to be deemed permitted by -OEM. Please print clearly. Farm Name: - r`}hJ�t - Mailing Address: Address: County: Owner(s) Nam Manager(s) N Lessee Name; Farm Location (Be as specific as m}lepost, etc.)- Latitude/Longitude if known: ossible: road names, direction Design capacity of animal w ste manag of confined ani al(s)): Average .animal population on the �f�rm raised) : ' 2 �. a:� S , �rA nt system (NugLber and type 20f.v 1 G✓: ff, er and type of animals) Year Production Began: 1990 ASCS Tract No.: _41& -Z 2b3 y7 Type of Waste Managem nt System Used: Acres Available for Land App;ication of Waste: Owner (s) Signature (s) : ,Gi TE:/ DATE: G OPERATIONS BRANCH -- WQ Fax:919-715-6048 � l rC.df t_.CLS Y�+� n�Y � � • � U. Aug 7 '95 10:45 J_ P. O1./oi 5 Department of Environment, Health, and Natural $E Division of Environmental Management z Water Quality Section c ON DkC �y sources 9 1f the animal waste management system for your feedlot o" s designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by, OEM. Please print clearly. 12 Farm Name: �nY� IZ f3i�S'1'1S 1JG Mailing Address: County: Owner (s) Nam Manager (s) N Lessee Name: Fai7m Location (Be as specific as possible: road names, direct -ion m Iepost, etc.1 4 -g= ��X _ a --/,-�r u .7!�; �i1,...r ;,— ice/ _ '.'..^ r Z-41ti1 a` !-Ao� P^ --d ,,.YL Lat i.t ude/Longitude it' known: Oesi,3n capacity of animal w ste manage nt system (Nu -ber and type - of ccnf.i,ned animal (s) ) =— -- f. ��� f �,.i �' Av+ rage arjima1 :ropul r and type of ar.lrnaI (~; -4;:L a k0 Year Production Began: ! q90 ASCS Tract, No.: y� Type of Waste Mailayempt Systel Li-f- Qh,i Acres Available for Land Application of Waste:_ I'7'- Ownrrr (sl : DATE March 27, 2003 R.H. Mohesky PO Box 215 Sharpsburg, NC 27878 Re: Conetoe Farm Permit Rescission Permit # AWS330052 Dear R.H. Mohesky, 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 Thank you for participating in the floodplain buyout program. Permit number AWS330052 has been rescinded because the farm has been bought out and the lagoon has been closed. You should no longer receive invoices for your annual permit fee but if you do, please contact me at (919) 733-5083, ext. 571 or Sue Homewood at (919) 733-5083, ext. 502. cc: Sue Homewood Fran McPherson Farm file #33-52 Rafe igh`egon al Offic e Central Files Sincerely, Keith Larick Non -Discharge Compliance and Enforcement NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733.0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affimtative Action Employer 50% recycled110% post -consumer paper http✓/h2o. enr. state.nc. us of Visit Q'Compl!prCe Inspection O Operation Review O Lagoon Evaluation Reason for Visit (>,Routine O Complaint O Follow up O Emergency Notification O Other I ❑ Denied Access Fa 'sty Number 5 2fDate of Visit: ermitted 13 Certified J© Conditionally Certified 0 Registered Farm Name: ... ��^...5�1 4..........J....................................................... Owner Name: T=—t Time: s S Q Not Operational Q Below Threshold Date Last Operated or Above Threshold: ......................... County: PhoneNo:................................................................................»:. FacilityContact: .....................:........................................................ Title:................................................................ Phone No:................................................... MailingAddress: ............................................................. Onsite Representative: .................................................. Certified Operator: ................................................... ..... Location of Farm: ....... Integrator: ........................................................................ Operator Certification Number:. ......................................... ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • 4 +6 Longitude s 4 44 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. Dees discharge bypass a lagoon system? (if yes, notify DWQ) []Yes N 2. Is there evidence of past discharge from any part of the operation? ❑ Yes No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes pdV0 Waste Collection & Treatment 77 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Ye ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 L + - Identifier: ................'...........................3L............................................................................................................................ ................................ Freeboard (inches): 5100 Continued on buck Facility Number: — Date of Inspection 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? ❑ Yes No ❑ Yes No (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? ❑ Yes EJ N 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes o 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level �,� elevation markings? ❑Yes l4o Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes o 12. Crop type aeJ CA o Q 9-,- 13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 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? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes 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 [�W 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes o 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes o 21, Did the facility fail to have a actively certified operator in charge? ❑ Yes o 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes o 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes o 24. Does facility require a follow-up visit by same agency? ❑ Yes 0 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes 0 4.0019001WO 00154000 wire WOO 46fig 01s: VISA; • :160 3411 PCOVe 00 016� $r• : corresV6fidei> & abouti this visit: ::::...:::::: ::::........ • ......... "v'h Fi 1 - i 1' � drawangs;oifacaLty,to better exphrin s�tuatioas ,(use additional pages as neessary):, ,, t}��;� �;�,� ,��a��p t� �rF; �: f�=��.f✓ :i="-� . +iw= I 1 �, g n �: ,+j,t ri {ems Reviewer/Inspector Name Z E �� ✓ €f,. r�!�!(13 .'[`�} [ f =E�E(`a _ Reviewer/Inspector Signature: Date: 5/00 Facility Number: �1 — .S"Z Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes o liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes VNo 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? El a 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 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? El Yes o Additional.Comments: an or° rawings:. AL 5/00