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HomeMy WebLinkAbout920006_PERMIT FILE_2017123114!18no lP4UUWUOJIAU3 j0 lUUu4jUdo(j N �Z N N H N ZZ ZHV 17 ZI T N N N E NEW. 5E i H N N Lc" Z6EW<: .! fJ �-'/'�M �'r�a� P. an", I Ao a�ln 1vV) aco {.ryti�MP lt!". ,ti + _� � �� � � .L �' �' �` ,. �� _ �.� � . _ '.�� � � /}y mil' ,1� ,��� _ bRv � .ry i._. 'r �. r = y —ram r r � :i � � .�(J� i� iYi��i� � �, ?A :1� F `C i,�_ .e 4 t i/� �'r—' .. CV' �. � '..,; "+ J _ • 1 1 /'-tr�� r i . ,Ak r tt1 .' a'. ii♦ '1iyp�, i1-4 4 FFF IO Ra- 4 �A6� � ---s �43� State of North Carolina MICHAEL F. EASLEY Department of Justice Reply to: Anita LeVeaux Quigless AT70RNFY GENERAI. P. O. BOX 629 Environmental Division RALEIGH (919) 733-7247 2 7602.0639 (919) 733-0791 (Fax) May 3, 1996 Edgar R. Bain Bain & McRae P.O. Box 99 Lillington, NC 27546 RE: C.W. Gelder, 96 EHR 0415 Dear Mr. Bain: In a letter dated January 3, 1996, a civil penalty was assessed against your client C.W. Gelder in the amount of $3,282.16. A finding of fact in that civil penalty assessment, that your client owns a hog facility located on State Road 1391, 0.3 road miles south of the junction with SR 1386 in Franklin County, North Carolina, was in error. In fact, your client's hog facility is located in Wake County. Accordingly, it is my belief that my client will rescind that civil penalty. It is further my understanding that another civil penalty will thereafter be issued naming the correct county. Once you receive the order rescinding the civil penalty, I hope that you will withdraw your petition. Thank you for your consideration. c: Honorable Beecher R. Gray Harlan K. Britt Steve Tedder Kenneth Schuster Danny Smith Sincerely, -t 04it Anita LeVeaux Quigless U Assistant Attorney Genera Bar No. 13667 A. Preston Howard Kathy Cooper Danne Wilburn Judy Garret i p� 81CG� An Equal Opportunity / Affirmative Action Employer t _ - ,`Lei''ar.��� 1 ,.-[$ C. Ii��'sS D'ension of Soil and Water,;Conservation °Operation Reniaw� E r t,1� 3 r I- � ,t] WF eta ?p-t , S '�E. DinstoQ of So&,An Water Conservation Compliance )Enspeciton!R s rr,b� etT; k{ S E'�,.4,� i;,. .:.. r i;'.�{':. i. .. , S: { M. w , " Dinseoaof Water. vale Com leance Ins ecilon Q tY P A� ... F. ....� .' 1 ...x'• a 'OOtherti'gency' Operation=Revrew�" „, , a�{ yllt� �� t� , 0 Routine 0 Com laint O Follow-u of DW ins ection O Follow-u of DSWC review 0 Other Facility Number Date of inspection 3 Z 6Q -- - „-, Timc or Inspection 24 hr. (hh:mm) © Permitted 13 Certified 3 Conditionally Certified [3 Registered 0 Not Operational I Date Last Operated: FarmName: ..............[.... ....P......... ........ ....'.`.............................................. County:...........W................................... Owner Name:........ �pL...t.ie............. �a/kps �. Phone No: ................................... .................. Facility Contact:...................................................... . Mailing Address: ........ 6........................................... Onsite Representative: „_ Title- .................... Phone No: Integrator: Certified Operator: ................................................. ; . .................. I .......................................... Operator Certification Number:....... Location of Farm: t.. .... .::,._... --- ^.... .................................................. ..... ....... --' Latitude © • ©' j of Longitude F-7R7, Fq 47-` ®" Design Current Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I I ❑ Dairy ❑ Non -Layer I I❑ Non -Dairy ❑ Other Total Design Capacity: Total SSLW Number of.Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Dischars,es & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes [(No Discharge orioinatcd at: ❑Lagoon ❑ Spray Field ❑ Other ���� a. If discharge is observed. was the convevance man-made'? El Yes ©"No b. Ili 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 aaUrnin? d. Dues discharge bypass a lagoon systcrtt'? (If yC. notify DWQ) ❑ Yes gNo 2. Is there evidence of past discharge from any part of the operation'? ❑ Yes 'WNo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 5�No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes O/No Structure l Structure ? Structure 3 Structure 4 Structure 5 Structure 6 ldendlicr: Freeboard (inches): 122 .......I ............................ 5. Are there any immediate threats to the integrity of any of the structures observed? Oe/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 3/23/99 Continued on back 3 3 3`f r L? ,titude a Waste Last Added (mm/dd/yy) ?8 V� 41 Longitude El . F]' T' 5. Estimate of lagoon surface area (acres) 7. Height of Embankment (feet) 8. Distance to Blue Line Stream (feet) 9. Distance to down gradient well without intervening stream (feet) 10. Distance to WS waters or HQW (miles) 11. Located within 100 year floodplain (Y/N ) 12. Appearance of Lagoon Liquid p Yes ado a. Sludge Near Surface C b. Lagoon Liquid Dark, Discolored Cl c. La_oon Liquid Clear F. 13. Embankment Condition a. Poorly Built, Trees, Stumps, Erosion Burrows, Slumping, Seepage, etc. C .nb. -Construction Specification Unkiiow-n But-Darri''Appears in Good Condition c. Constructed and Maintained to Current NRCS Standards a 14. Outside Drainage Area a. Poorly Maintained Diversions or Large Drainage Area not Addressed in Design G b. Has Drainage Area Which is Addressed in Lagoon Design - c. No Drainage Area or Diversion Well Maintained ❑ 15. Liner Status a. High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, etc. b. No Liner, Soil Appears to Have Low Permeability Cl c. Meets Current MRCS Liner Requirements ❑ 17. Management to Prevent Overflow a. Liquid Level less than 12 inches from Top of Dike OR Liquid Level less C than 18 inches and No Sprayf eid or Application Equipment Available. b. Liquid Level Greater than 18 inches from Top of Dike with No Application C Equipment and/or Spravfield Available OR Liquid Level Between 12 and . 18 inches with Application Equipment and Sprayfield Available. c. Liquid Level Greater than 18 inches from Top of Dike. G nt an ` - Application Equipmed Spray -fie -I'd 18, Was contact made with on -site representative: M� W Yes ❑ No 19, Does lagoon require follow-up: 0 Yes NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY RALEIGH REGIONAL OFFICE DIVISION OF WATER QUALITY April 1, 2000 Mr. Sean Abernathie, P.E. Squires Homes 3701 National Drive, Suite 101 Raleigh, North Carolina 27612 Subject: Geldder Farm -Lagoon -Closure Wake-C- nu ty Dear Mr. Abernathie: The Raleigh Regional Office has reviewed the closeout documentation for the G.W. Gelder farm in Wake County. On March 24, 2000, Mr. Charles Alvarez, from the Raleigh Regional Office visited the old Gelder Hog Farm with you to do a closure inspection. The facility was a 150 hog farrow to finish operation located off Mann's Loop Road in southern Wake County. The facility was operated by Lynwood Carroll and the last hogs were removed from the site sometime in 1994. Mr. Alvarez's site visit confirmed that no residual solids from the hog farm operation were located in the bottom of the lagoon. One end of the lagoon structure had been breached and runoff from a upstream pond was flowing through a low area of the lagoon and onto an unnamed tributary to Middle Creek. The Raleigh Regional Office concurs with your closure report that the lagoon structure has been cleared of any animal waste and that the lagoon structure can be considered closed. The sample reports provided by you in your letter and visual inspection by Mr. Alvarez show that all waste material has been removed from the bottom and sides of the lagoon. If you have any questions regarding this inspection please call Mr. Charles Alvarez at (919) 571-4700. Sincerely, 2 Ken ZScE. Regional Supervisor cc: Larry Petrovick, Wake County Soil and Water Conservation District RRO Files 1628 MAIL SERVICE CENTER, RALE10H, NORTH CAROLINA 227699-1628 PHONE 0 19.571-4700 FAX 919-571-4716 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER a2r( wh-tE DIVISION OF WATER QUALITY RALEIGH REGIONAL OFFICE March 1, 2000 MEMORANDUM TO : Dennis Ramsey, Supervisor, Non Discharge Branch FROM Charles Alvarez, EIT, Env. Eng., Raleigh Regional Office SUBJECT : Gelders Pond Lagoon Closure, Wake County On February, 21, 2000, Mr. Sean Abernathie of the Squires Homes Company, brought in a letter concerning a lagoon closure at Gelders Farm in Wake County. The farm had been a hog facility that was closed out in the 1995 or 1996 time frame. Mr. Abernathie has been in contact with me about what information was needed to consider the lagoon closed so Squires Homes would not need to be concerned about any Iiabilities. associated with the closed farm operation. I told Mr. Abernathie that without a closure plan the best thing that was possible was to get an engineering firm to sample the soil at the sight and see if any sludge was left in the lagoon depression. Mr. Abernathie is a Professional Engineer registered in North Carolina and therefore qualifies as a technical specialist for lagoon plans and I assume for lagoon closures. Please provide me guidance as to what other requirements, if any, Mr. Abernathie needs to provide to prove closure of the lagoon. I am attaching the letter and sample reports that were sent in by Mr. Abernathie. Please note that there is not a site map or sampling location included with this letter. If you would like me to go with Mr. Abernathie to do a farm inspection, let me know and I will provide pictures of the location and my opinion of the state of the lagoon area. The company's intention is to leave the lagoon area as a green area for the subdivision. If you have any questions, please call me at 919 571-4700. • A Homes CmnEunv QUIRES February 18, 2000 Mr. Charles Alvarez North Carolina Department of Environment, Health and Natural Resources 3800 Barrett Drive. Suite 101 Raleigh, NC 27609 Re: Gelders Pond Lagoon Closure Dear',,fr. Alvarez: Included for your revie,.v, is a copy of the soils report conducted by �Ir, Kent Messick from the North Carolina Department of Agriculture. Agronomic Division. The report was Generated from four soil samples taken at different locations in the bottom of the old lagoon at an approximate depth of 6' from existing around. The method of collection was as directed by Mr. Messick in a telephone conversation. To date I have witnessed the draining of the old lagoon, personally conducted onsite visual test holes in the adjacent fields and had the remaining lagoon soils tested for residual chemical content. In my various site inspections I have not seen any evidence of residual animal waste. It is my intention to fill any areas of the lagoon not listed as wetlands by the ACOE with topsoil from the adjacent proposed subdivision and utilize the area as open space. In order to Finalize the DEHNR status of the lagoon I am requesting this site be taken off the inactive list and listed as closed. Please review the enclosed test and contact me with you department's decision at your earliest convenience. If you require additional information or would like to conduct a site visit please contact me at 418-9492. Thank you for your time and interest in this old site. Since Sean Abernathie, P.E. Squires Homes 3701 National Drive / Suite 101 / Raleigh, North Carolina 27612 Phone (919) 881-9350 • Fax (919) 781.8286 KDA&CS Agronomic Division 4300 Reedy Creck Road Raleigh, NC 2764)7-6-i65 (919) 733-'2655 - — �3 a� r -,1f6rbuomir UnderstandingtheSoil i � �_._.-_._. .. � r t __. LAWNS, GARDENS AND ORNAMENTALS (Crop Codes 020 - 031) The amounts of lime and fertilizer shown under the heading ItecuntEltindalir►nsam flit most important parts of the soil test report. Rates are given in units ol' Ihs/M, Which is the Santc as lbs/1000 112. If you have a 3750-ftz lawn and are advised to apply 40 Ihs/M, then the amount of lime of fertilizer to add is 150 Ihs, or (3750 ft' / 1000 ftz) x 40 lbs. The type orgrade of'fertilizer recotnntcnelcd depends on the soil test level of phosphorus and potassium. A fertilizer recommendalion might Ire, for example, 20 lbs of 10-1O-10 per 1000 ft' or ati equivalent fertilizer, such as Ill lbs ol'20-20-20. NO'1'L4, enclosed witli your report, shows how to calculate fertilizer rates from different sources. When phosphorus (/'-/) and potassium (A'-/) indices are higher than 50, nitrogen will be the only fertilizer recommended. A typical nilrogcn I-CC011unneltd16011 would he 1.011) N/ 1000 W. Ammonium nitrate (33.5% N) applied at 3.0 Ills would provide 1.0 Ib of nitrogen. For centipedegrass, the annual nitrogen rate is 0-5 Ib/IOOO ft'. The optimum pH for mast turfgrasses, vegetables, shrubs, and annual and perennial flowers ranges from 6.0 to 6.5. Acid -loving plants, such as azaleas and rhododendrons, do better it a pl-i between 5,0 and S.S. The optimum pH For centipedegrass is 5.5. Maintaining the proper pl I is just as important as applying fertilizer. For additional information on lint and fertilizer application, see WE 4: bmirs, Gunlens and Ormunerrfcrl s enclosed with your report. soil1est Index Crop Response t0 Nutrient Application kur�e Rafla{g I7u,s/rbnrrrs 1'olrrrsluru /aim: C(I)per 0-III Gvry Low Very 1101 Vvr%. Iligli Vcly I Ii,;h VI-1-V Ilil;b Vary Iligh II-2s Low Iligh Ilieli Iligh Iligh Iligh 20-10 Medium Metlitifir Alethliin None None None 51-100 Iligh None Lox'-Nouc None Nona: None 100+ very nigh Nine None None None None * Response decreases as soil test index i icn%ises. Abbreviations MIN mineral soil M-0 Inineril-organic soil 0 orgaific soil IIM% percent humic matter W/V weight/volunic of soil Clic cation exchange capacity BS% percent of CLC occupied by bases Ac acidity (decrease~ as pI I increases) P-1 phosphorus index K-I potassium iritlex Ca calcium Mg magnesium Mn-1 manganese index Mrt-AI manganese availability index -Ln-I zinc index 7.n-AI zinc availability index C11-1 copper index S-1 sulfur index SS-1 soluble S.111 index NO3-N nitrale nilrogeii (ppm) Nll4-N muriuinium nitrogen (ppm) Na sodium K,0 potash 11,05 phosphate 11 boron i0_0110 conics of 111k puhlir docimi uil were m-hilc(l it a cost of $626.22 or $0.02 leer covy. NCDA A Ironomic Division 4300 Reedy Creck !toad Raleigh, NC 276I17-01M (919) 733-2055 Ile Jorl No: L(0.100 Grower: Squires Ilonres Col) w hl: ' A(In: Semi lAhernalhie 3701 National Di- Suile 101 VIM Sol l Test 161eil h, NC 27012 Report 1'ur11r: 2/15/00 SERVING N.C. CITI'/,I?NS FOR OVER 50 FEARS IValic Count Agronomist Comments: 1i -- 'i I divided Ille sanli le yllll sllllllliftell inlo 4 S111)S:Inlj)lcs. cs1 1'vS1111s art' fairly ('1111S1sicill. R(,Slllls :11'(. bv(lel• 111:111 1 especled will] Soil jilt Ilot excessively 111w, :1 Vel•y high jAlusl4lortis 10'el mall a inoderale potassimn level. 1i;lse(I oil the 7.Illc allll cols wl- levels follllll, Mere IS no I'1'I11e41ce of a wlisle coillm11111alioll 1)1•ollle111 wills any u1 the S:1111111cs. 111ccidcd III go ahead and n1Ve km o recommen(Ialions fur :ill smut les. I. Kcal Messick Field Information _Applied Lime Recommendations Sample A'o. Last Crop A10 Vr T/A Crop or Year Lime A' n05 &0 Mg Cu 7n B Ali See A'ote 1 No Crop I sl Crul): Lawn 0 (Lo Ihs Nitrogen or EQUIV PET 1000 SO FT) 4 2n(1 (xo ): 'Pest Results Soil Class HA1% IY/1' CEC BS% Ae p11 P-1 K 1 Can Alg% Ali -I Mn-ill (2) Zn-1 Zrr-AI Cu-1 S-1 SS-1 Nth-N Allh-N Alit MIN 0-22 0.87 5.6 89.0 0.6 6.0 141 51 62m 24.0 231 300 300 354 42 0.1 Field Information Applied Lime Recommendations Sumple AV Last Crop Alo IT T/A Crop or )'ear Lime N h05 ht0 Alg 01 711 B 11111 See A'ole 2 No Crop 1st Crop: Lawn it (1.0 li)s Nilrogen or Ia21fIV PI:R 1000 SQ1 F) 4 2n(1 Cru ): 'rest Results Soil Class 11,41% 1V/V CEC BS% Ac pit P-1 K-1 CiOn' Atq% Ain-1 Ati-Al (1) Ali -AI (2) Zu-1 Z11-AI 01-1 S-1 SS-1 A103-N IVlh-A' Na MIN 0.18 0.91 5.2 88.0 0.6 5.8 125 56 59.0 25.0 208 254 254 293 45 0.1 Field Information lied Linte Recommendations Sample No. Last Crop Alo Yr TIA Crop or Year Lime A` M05 KO Alg Of Z11 8 Ali See Note 3 No Cr❑p Is[ Crop: l.mul 0 (1.0 Ihs Nitrogen or EV lIV PER 1000 SQ FT) 4 2n(I Cru 1: 'test Results Soil Class HAM 1V/V CEC BS% AC pll P-1 K-1 Crr% Alg% Ali-1 Ali -AI (I) hln-ill (2) Zn-1 Zi-AI Car-1 S-1 SS -I N04-A! A7114 A'rt MIN 0.22 0.92 4.5 87.0 0.6 5.7 105 51 57.0 24.0 188 227 227 278 42 1).1 NCDA Agronomic Division 4300 ReedyCreek Road Raleigh, NC 27607-6465 (919) 733-2655 Grower: Si wires Homes Ite }ort Ao: susou l g Field Information Applied Lime Recommendations Sample 11'0. Last Clop 4 No Crap A10 Yr TIA Crop or Year ISI I -op: La«iE 2nd Crop: lime I1 N Mi KO Alg C11 Zn P A111 See Hole (7.0 Ibs 15-0-14 or I-'QI[IV VIT 1000 SQ FT) =i Test Results Soil Class 1141% 1V/i, CEC BS% MIN 0.I8 0.82 4.7 89.0 Ae p11 P-1 K-1 0.7 5.8 109 18 Ca% Alg% YI,O 260) Aln-1 A111-AI (1) A1u-AI (2) Z11-1 Zll-211 C11-1 S-1 SS-1 JVQ-N MA -A' Na 16q 200 NO 26o 44 0.1 s• + A Beazer Homes Company Z( A" QUIRES , February 18, 2000 CP Mr. Charles Alvarez `-:1 North Carolina Department of Environment, Health and Natural Resources 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 ' r Re: Gelders Pond Lagoon Closure Dear Mr. Alvarez: Included for your review is a copy of the soils report conducted by Mr. Kent Messick from the North Carolina Department of Agriculture, Agronomic Division. The report was generated from four soil samples taken at different locations in the bottom of the old lagoon at an approximate depth of 6" from existing ground. The method of collection was as directed by Mr. Messick in a telephone conversation. To date I have witnessed the draining of the old lagoon, personally conducted onsite visual test holes in the adjacent fields and had the remaining lagoon soils tested for residual chemical content. In my various site inspections I have not seen any evidence of residual animal waste. , It is my intention to fill any areas of the lagoon not listed as wetlands by the ACOE with topsoil from the adjacent proposed subdivision and utilize the area as open space. In order to finalize the DEHNR status of the lagoon I am requesting this site be taken off the inactive list and listed as closed. Please review the enclosed test and contact me with you department's decision at your earliest convenience. If you require additional information or would like to conduct a site visit please contact me at 418-9492. Thank you for your time and interest in this old site. Since 3 ~4` N 1I ean Abemathie, P.E. , `, .'•3c Squires Homes, 3701 National Drive / Suite 101 / Raleigh; -North Phone (919) 881.9350 • Fax (919) 781.8286 a 27612 I NCDA&C5 Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (9j_4)�7.33-?65S Understanding the ,Soil �L�s�'lrt LAWNS, GARDENS AND ORNAMENTALS (Crop Codes 020 - 031) The amounts of lime and fertilizer shown under the heading Recommendations are the most important parts of the soil test report. Rates are given in units of lbs/M, which is the same as lbs/1000 ft" If you have a 3750-ft2 lawn and are advised to apply 40 lbs/M, then the amount of lime or fertilizer to add is 150 lbs, or (3750 ft2 / 1000 ft2) x 40 lbs. The type or grade of fertilizer recommended depends on the soil test level of phosphorus and potassium. A fertilizer recommendation might be, for example, 20 lbs of 10-10-10 per 1000 ft2 or an equivalent fertilizer, such as l0 lbs of 20-20-20. NOTE 4, enclosed with your report, shows how to calculate fertilizer rates from different sources. When phosphorus (P-1) and potassium (K-I) indices are higher than 50, nitrogen will be the only fertilizer recommended. A typical nitrogen recommendation would be 1.0 lb N/ 1000 ft2. Ammonium nitrate (33.5% N) applied at 3.0 lbs would provide 1.0 lb of nitrogen. For centipedegrass, the annual nitrogen rate is 0.5 lb/1000 ft2. The optimum pH for most turfgrasses, vegetables, shrubs, and annual and perennial flowers ranges from 6.0 to 6.5. Acid -loving plants, such as azaleas and rhododendrons, do better at a pH between 5.0 and 5.5. The optimum pH for centipedegrass is 5.5. Maintaining the proper pH is just as important as applying fertilizer. For additional information on lime and fertilizer application, see NOTE 4: Lawns, Gardens and Ornamentals enclosed with your report. Soil Test Index Crop Response to Nutrient Application Range Rating Pbospborus Potassium Manganese Zinc Copper 0-10 Very Low Very High Very High Very High Very High Very High 11-25 Low High High High High High 26-50 Medium Medium * Medium * None None None 51-100 High None Low -None None None None 100+ Very High None None None None None decreases as soil test index increases. t � , Abbreviations MIAs mineral soil M-0 mineral -organic soil 0 organic soil HM% percent humic matter W/V -weight/volume_ofsoil CEC cation exchange capacity BS% percent of GEC occupied by bases Ac acidity (decreases as pH increases) P-1 phosphorus index K-1 potassium index Ca calcium Mg magnesium Mn-1 manganese index Mn-AI manganese availability index Zn-1 zinc index Zn-AI zinc availability index Cu-1 copper index S-I sulfur index SS-1 soluble salt index NO}-N nitrate nitrogen (ppm) NH4 N ammonium nitrogen (ppm) Na sodium K20 potash P205 phosphate B boron copies were printed at a cost of $626.22 or $0.02 per copy. NCDA Agronomic Division 4300 Reedy Creek Road Ralei , NC 2760776465 . 919 733-2655 Report No: 20266 Grower: Squires Homes Copies to: Attn: Sean Abernathie 3701 National Dr Suite 101 E.) oil Test Raleigh, NC 27612 Report Farm: 2/15/00 SERVING N.C. CITIZENS FOR OVER 50 YEARS Wake County Agronomist Comments: B 4 1 divided the sample you submitted into 4 subsamples. Test results are fairly consistent. Results are better than 1 expected with soil pH not excessively low, a very high phosphorus level and a moderate potassium level. Based on the zinc and copper levels found, there is no evidence of a waste contamination problem with any of the samples. I decided to go ahead and give lawn recommendations for all samples. 1. Kent Messick Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr TIA Crop or Year Lime N P205 Igo Mg Cu Zn B Mn See Note I No Crop 1st Crop: Lawn 0 (1.0 lbs Nitrogen or EQUIV PER 1000 SQ FT) 4 2nd Crop: Test Results Soil Class HM% W/V GEC BS% Ac pH P-I K-1 Ca% Mg% Mn-I Mn-AI (1)Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 NO3 N NIh-N Na MIN 0.22 0.87 5.6 89.0 0.6 6.0 141 51 62.0 24.0 231 300 300 354 42 DA Field Information lied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P205 KO Mg Cu Zn B Mn See Note 2 No Crop lst Crop: Lawn 0 (1.0 lbs Nitrogen or EQUIV PER 1000 SQ FT) 4 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K I Ca% Mg% Mn-1 Mn-Al (1) Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS -I NQ8-N NIh-N Na MIN 0.18 0.91 5.2 88.0 0.6 5.8 125 56 59.0 25.0 208 254 254 293 45 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P105 &0 Mg Cu Zn B Mn See Note 3 No Crop 1st Crop: Lawn 0 (1.0 lbs Nitrogen or EQUIV PER 1000 SQ FT) 4 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-I Ca% Mg% Mn-1 Mn-AI (1) Mn-AI (2) Zn-1 Zn-M Cu-I S-1 SS -I NQ5-N A7&N Na MIN 0.22 0.92 4.5 87.0 0.6 5.7 105 51 57.0 20 188 227 227 278 42 0A NCDA Agronomic Division 4300 ReedyCreek Road Raleigh, NC 27607-6465 ' 919) 733-2655 Grower: Squires Homes Re rt No: 20266 Pg 2 Field information Applieid Lime Recommendations Sample No. Last Crop 4 No Crop Mo Yr T/A Crop or Year Ist Crop: Lawn 2nd Crop: Lime 0 N M5 100 Mg Cu Zn (7.0 lbs 15-0-14 or EQUIV PER 1000 SQ FT) B Mn See Note 4 Test Results Soil Class HM% W/V CEC BS% MIN 0.18 0.82 4.7 89.0 Ac pH P-I K I 0.5 5.8 109 48 Ca% Mg% 59.0 26.0 Mu-1 Mn-AI (1) Mu -Al (2) Zn-I Zn-AI Cu-1 169 200 200 260 S-I SS-1 NOB-N ATh-N Na 44 0.1 USDA 4, F-t j, , United States Department of Agriculture Natural Resources Conservation Service 4405 Bland Rd. Suite 205 Raleigh, NC 27609 (919)873-2101 Mr. Sean Abernathie Squires Homes 3701 National Drive, Suite 101 Raleigh, NC 27612 45 ,`. May 4, 1999� ' Re: fielder's Pond —Request for hog lagoon closure information Dear Mr. Abernathie: This letter is in response to your April 20, 1999 request for information from the NRCSIWake Soil and Water Conservation District files regarding the hog lagoon on the above referenced property. Specifically, you requested "access to the Conservation District office files on this property to see if the hog pond (lagoon) was properly disposed of and signed off in accordance with the applicable regulations". Additionally, you were "interested in what kind of disposal liability comes with purchase of this property". First, your letter did not make reference to the Freedom of Information Act (FOIA), but we view this as an FOIA request and are responding accordingly. Secondly, we understand the current owner is McGregor Development Company and not Mr. Gelder, the original landowner to whom NRCS provided technical assistance. Therefore, the Conservation District office files are maintained under the jurisdiction of a previous private landowner and are therefore subject to the FOIA and the Privacy Act. By copy of this letter, I am advising that the local NRCS/District office may only release the following: 1.) the lagoon closure plan, and 2.) the cleanup report prepared by the District office and provided to the NC Division of Water Quality and the Wake County Health Department. Since these documents are already a matter of public information with the other agencies, I am requesting our NRCS District Conservationist, Mr. Steve Woodruff, to send these two documents to you directly. All other file materials and documents should be protected from any public disclosure. Regarding the "liability question" with regards to purchase of the property, NRCS is unable to comment or advise you on any liability issues. I trust this response and copies of the information provided by Mr. Woodruff will satisfy your needs. If you question the adequacy of this FOIA response, you may appeal in writing within 45 days of this letter. Your appeal should be ' addressed to: Mr. Pearlie Reed, Chief, USDA-NRCS, P.O. Box 2890, Washington, DC 20013. Please write "FOIA Appeal" on the outside of the envelope. Sincerely, George L. Stem Assistant State Conservationist for Water Resources and FOIA Officer Cc: Tom Wetmore, NRCS udy Garrett, DWQ Regional Office Steve Woodruff, NRCS Rick Roe, Wake Environmental Health Services Larry Petrovick, Wake SWCD The Natural Resources Conservation Service works hand -in -hand with the American people to conserve natural resources on private land AN EQUAL OPPORTUNITY EMPLOYER • A 9eazc Hilmes Cmipanr • QUIRES April 20, 1999 Mr. George Stern NRCS State Office 4405 Bland Road, Suite 205 Raleigh, NC 27609 Re: Gelders Pond Dear Mr. Stem: In talking with Mr. Larry Petrovic at Wake Soil and Water Conservation District I was given your name and address. I am currently in a 60 day due diligence period on a tract of land known as Gelders Pond. The tract is located south of Mann's Loop Road to the west of Bells Lake Road in Wake County. Historically the site contained a hog farm. The purpose of my letter is to request access to the Conservation District files on this property to see if the hog pond was properly disposed of and signed off in accordance with the applicable regulations. In addition I am interested in what kind of disposal liability comes with the purchase of this property. Please contact me as soon as possible to schedule a meeting if you agree with my request. I may be reached at 881-8457 ext. 233 or beeped at 857-7207. Thank you in advance for your attention to this request. Sincerely, 'G'H. V L can Abernathie. P.E. Squires Homes 3701 National Drive / Suite 101 1 Raleigh, North Carolina 27612 ' Phone (919) 881-9350 • Fax (919) 781-8286 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 C. W. Gelder C. W. Gelder Hog Operation Route 1, Box 216 Norlina, NC 27563 Dear Mr. Gelder: LT.R;TA �w� e EDEHNR January 3, 1996 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1(a)(1) Wake County File No. CF 95-10 This letter transmits notice of a civil penalty assessed against C. W. Gelder in the amount of $3,282.16 including $282.16 in investigative costs. Attached isa 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). 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 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 2. 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 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: 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 th__ irty 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 Shannon Langley at (919) 733-5083, extension 581. Sincerely, �j A. Preston Howard, Jr., P.E. ATTACHMENTS cc Raleigh='Regional-Supervisor-w/-attachments=::z, Compliance/Enforcement File w/ attachments Central Files STATE OF NORTH CAROLINA COUNTY OF FRANKLIN IN THE MATTER OF C. W. GELDER 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 95-10 } } 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. Mr. C. W. Gelder owns a hog facility located on State Road 1391, 0.3 road miles south of the junction with SR 1386 in Franklin County, North Carolina. B . On March 10, 1995, DEM staff observed a discharge of wastewater by a man-made ditch from the facility's lagoon to an Unnamed Tributary to Middle Creek in the Neuse Basin. which are Class C NSW Waters. C. Mr. C. W. Gelder willfully discharged pollutants to waters of the State. D. The costs to the State of the enforcement procedures in this matter totalled $282.16. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Mr. C. W. Gelder is a "person" within the meaning of G.S.143-215.6A ,pursuant to G.S. 143-212(4). B. The Unnamed Tributary to Middle 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. Mr. C. W. Gelder 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 Mr. C. W. Gelder 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. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mr. C. W. Gelder is hereby assessed a civil penalty of: $ for constructing a conveyance for the willful discharge of pollutants from an animal feeding operation to waters of the State. $ 3 Do 0- TOTAL CIVIL PENALTY, which is Gfl percent of the maximum penalty authorized by G.S. 143-215(e). $ 282.16 Enforcement costs. $ 30 8' 1, / (r 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. Ar A6� (Dat A. Preston Howard, Jr., P.E., Director Division of Environmental Management C. W. Gelder Route 1, Box 126 Norlina, NC 27563 May 17, 1995 A. Preston Howard, Jr., P.F. NC Department of Environment, Health and Natural Resources P. O. Box 29535 Raleigh, NC 27626-0535 Re: Notice of violation per 15A NCAC 2H .0217(a)(1) Dear Mr. Howard: ��6� D MAY 191g?5 DEHNR RALEIGO REGIONAL OFFICE I have received your letter dated April 27, 1995. A copy of that letter is attached hereto for clarification. I wish to advise that I was not responsible for operating any production of hogs on my farm located in Wake County,'NC. The farming operation was carried on exclusively by Lynwood Carroll who leased the premises from me. Mr. Lynwood Carroll is the gentleman who constructed the lagoon located on my land and such lagoon was placed on my land without any specific permission from me and without advising me that the lagoon was being constructed. You will note that I am a non-resident landowner. Mr. Lynwood Carroll advised me in the middle of 1994 that he was going out of the hog business and that he would not be leasing from me after the end of December, 1994. I went to the farm in January of•1995 and I noted that the lagoon itself had no real water located in it and the sludge bed, however, was wet. At that time, I thought it practical to endeavor to get, the sludge bed dry so that machinery could be used to clean up the lagoon and properly dispose of the sludge that was located in the bottom of the lagoon. Unfortunately, while the drainage was taking place, very heavy rains came on March 8 and 9 and a great deal of water got into the lagoon and escaped through the trench. At the time that I was trying to get the lagoon -in shape to be cleaned, I was not aware that the trench violated any regulations. I am not a farmer and I am not aware of environmental health regulations. I have been, in the construction business prior to my retirement and I was doing what.I thought was practical in connection with making a permanent solution to a problem that I recognized. It has been a long time since I have been involved in any farming operation and the rearing of hogs which most recently took place on the farm was done by Lynwood Carroll. I am not going to lease the farm to anybody else to raise swine on the farm and I do not need a continuation of the deemed permit for the elimination of waste and no application is being made at this time. Page Two Mr. A. Preston Howard, Jr., P.E. May 17, 1995 I am interested in getting a plan to close out the facility and to clean up the problem. Yesterday, May 16, 1995, I met with Judy Garrett and Danny Smith in the Regional Office in Raleigh. I discussed your letter with them and outlined for them the same things that are enumerated in this letter. I have also met on the farm with Larry Petrovick who is with the Wake Soil and Water Conservation District relative to providing me with a plan to clean up the lagoon and the environmental problem. As soon as this plan has been completed, a copy will be sent to you for your approval prior to the time that the work is done. In the meantime, I wish to advise that the trench in the lagoon has been stopped up and there is no further seepage coming through the dam and there is no further discharge from the lagoon. I have constructed diversion ditches around the lagoon so that no additional run off water will go into the lagoon that will cause a problem. In your letter, you want to know when the trench was dug in the lagoon and the length of time that it was in place. I do not know exactly since I was in Florida, but it was sometime after the middle of January, 1995 that the trench was dug in the dam and it was made deeper from time to time over a period of about six weeks. The trench in the lagoon was stopped up and the discharge was discontinued immediately on March 10 after notification by Mr. Danny Smith. Lime was also applied on any areas where any of the discharge had gone upon any adjacent lands at the direction of Danny Smith. In every instance I have tried to cooperate in this matter and I wish to advise that I will continue to do everything possible to aid you in connection with this. Very truly ours, C. W. Gelder Copy to: Ms. Judy Garrett Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Mr: Larry Petrovick 4001-D Carya Drive Raleigh, NC 27610 MICHAEL F. EASLEY ATTORNEY GENFRAL e R. State of North Carolina Department of Justice P. O. BOX 629 RALEIGH REPLY TO: 27602.0629 Anita LeVeaux Quigless Environmental Division Telephone No. (919) 733-7247 Fax (919)733-0791 September 20, 1996 C �' r t4 Mr. Edgar R. Bain SEP 2 6 1996 Bain & McRae Post Office Box 99 EG RALEIGFf REGIONAL OFFICE Lillington, North Carolina 27546 REG RE: Payment of Settlement C.W. Gelder Wake County, CIF 96-009 Dear Mr. Bain: On behalf of the Department of Environment, Health, and Natural Resources this letter will acknowledge receipt of your check number 6943, in the amount of $382.16. This payment constitutes a complete and full settlement of the above referenced matter. I am closing my file on this matter. If you have any further questions concerning this case, please contact me. ALQ/na cc: Dianne Wilburn Ken Schuster ep13166 Sincerely, Anita LeVeaux Quigle p Assistant Attorney General ran Equal Opportunity / Affirmalive Action Employer e3 o ,.5urio [J t.. State of North Carolina MICHAEL F. EASLEY Department of Justice ATTORNEY GENERAL P. O. BOX 629 RALEfGi-I REPLY TO: Anita LeVeaux Quigless Environmental Division 27602-0629 Telephone No. (919) 733-7247 Fax (919) 733-0791 September 20, 1996 Mr. Edgar R. Bain D Bain & McRae Post Office Box 99 Sip 2 bW 07 Lillington, North Carolina 27546 I}«JFin RE: Payment of Settlement C.W. Gelder Wake County, CF 96-009 Dear Mr. Bain: On behalf of the Department of Environment, Health, and Natural Resources this letter will acknowledge receipt of your check number 6943, in the amount of $382.16. This payment constitutes a complete and full settlement of the above referenced matter. I am closing my file on this matter. If you have any further questions concerning this case, please contact me. ALQ/na cc: Dianne Wilburn Ken Schuster ep13166 Sincerely, Anita LeVeaux Quigle s Assistant Attorney General An Equal Opportunity / Affirmative Action Emplgyer Q3 L� 0 Wake Soil and Water Conservation District ^=-� Agricultural Services Building t001 Carya Drive, Suite D • Raleigh, North Carolina 27610 • (919) 250-1050 ivir. to. vv. uumer Rt. 1 Box 126 Norlina, NC 27563 Dear Mr. Gelder, June 23, 1995 This letter is in regards to a letter dated April 27, 1995 from the NC Division of Environmental Management (DEM), concerning your abandoned animal operation. On May 12, 1995 you contacted me for technical assistance in developing a waste management plan for waste utilization and a plan for closure of the abandoned treatment lagoon. Frank Evans, (NRCS) Peggy Redmond, (Wake Co. Health Dept.) and I met with you at the lagoon site to discuss ideas for cleanup. I have talked with you by phone a number of times in regards to the sludge disposal alternatives, etc. Attached is your copy of the "Waste Management Plan for Waste Utilization and Closure of the Abandoned C. W. Gelder Waste Treatment Lagoon". It was developed based upon your planned method of sludge removal and waste receiving fields you supplied us with, waste application at agronomic rates, NCDA Waste and Soil Reports, existiin crops, sludge and waste water estimates, and acceptable standards and specifications agreeetom by USDA Natural Resources Conservation Service and the North Carolina Department of Health and Natural Resources Division of Environmental Management. This plan will remain valid as long as it is followed as written. Not following the plan may result in action from the Division of Environmental Management. The acreage of waste receiving fields and crop was not adequate to spread the waste according to agronomic rates during a one year time frame. Hence, it will take from fourteen to twenty-one months to distribute the waste over the limited acreage at agronomic rates. Today I made arrangements with you, Danny Smith of DEM, Frank Evans of NRCS, Peggy Redmond of Wake Co. Health Dept. to meet with me at 9:30 a. m., Wednesday, June 28, 1995. 1 also invited John and Danny Matthews via their phone answering machine. The purpose of the meeting is to review, clarify, and discuss the plan, obtain signatures, and provide copies of the plan to the above meeting participants. Please call me if you have questions. -. Sincerely, lall�e ;:��) �,, Larry Petrovick Natural Resource Conservationist Enclosures ✓ cc: Mr. John T. Matthews, Frank Evans NRCS, Peggy Redmond Wake Co. Health Dept., Danny Smith DEM, NC Div. of Soil and Water Conservation ()/ Waste Management Plan for Waste Utilization and Closure of the Abandoned C. W. Gelder Waste Treatment Lagoon • 0 Table of Contents Section I Standardized Plan Section II Field Legend and Maps Section III Plan Narrative Section IV Calculations and References �oF.FKr copy a. - -- . .............WASTE UTILIZATION;.PLAN... ...... Producer: Clarence W. Gelder - Location: Mann' s Loop Rd. \, Apex, NC , Telephone: 804-689-2700 NC Address: Rt. 1 Box 126 Norlina, NC 27563 FL: 407-221-0201 FL Address: 2853 SW Lakemont Palm City, FL 34990 Type Operation: Swine Waste Management Plan for Waste Utilization and Closure of the Number of animals : Abandoned C. W. Gelder Waste Treatment Lagoon (Design Capacity). No Animals are present. The waste from your an'_.^ial facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in 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 sa=e 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, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under OEM 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 ground 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 informat'_on 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.' 1 ATT a C 1E.0 A to 2-Ile--:�p LAST and CIosure- +ke A-b-1 -id coc<< C'.4),6-eIder GrI<,sf-r Tr_C17-r e,,t Amount of Waste Produced Per Year(gallons, ft3, tons, etc.) See 4#-ad7ment D for C'alculot ffe)JI-, 1C1 animals X -- (amt.') waste/animal/year = -- (amt.) waste/year. Amount of Plant Available Nitrccen PAN Pr a er �Year/J►4 animals X�lbs. PAN/animal/year = Z 793 1AN/year. (PAN from N. C. Tech. Guide Std. 633) 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: Tract Field No. O U)11 4 Table 1: sail Crop Type J. G-elder ACRES OWNED BY (Fee_ 'Tab[ 3) Lbs, N * Acres Per Ac. T-!;Z�4o PRODUCER �r "SkWllter 4?p11c4lie6 Lbs. N Month of Utilized Anplication NON MORir MEMMIMMMM O© MOON AWNNOMME MON MENOWN IMIMMMUFARY-9 W. _. .. . I -� -I- Total I 13. �5 I vy ff v I * VUS 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. .r NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require fanners in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. I1io�e J /Vof< a: 51ud9e maj beaPPlip-Aon Fo-e/d /, T-SD4o afa riAe_ Aof JO �eYCee,( /40/63.A) ��p /•pc., Oh e Z,s Rom, 4. avG�labl� [4+�A SN o� Welsf rGva�er, T{�e 51i dJreMeLy � 1 E 0 ATTAC c-LNIE N T A .._WASTE UTILIZATION PLAN ..... 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 21) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # Type Per Ac.* Utilized Application 'Sn h v% -T Ma+F-6,, to 4 T 5D.)- ��02 i I I I I I f ,u I esc e.• I Z 70 1 1 &119 15- fit or 2 l e c4e 1 270 I I zS 8 I IS -Dec. of R h es 114f.VN 0 d D I IS -Deco o� d r[ s' e e 270 1 -Z 1 6 S/Y ec b I cKz O j �Scu -7D L 1 3 I I I 8 1 1 Esc 1 Z70 z o D I I I 1 FeSCu e- 1 00 1 /,Y I q?o I I IG' I I sek e- 1 2-70 1s.7 4 I I r/ I Isc k i Z76 1 s 1 S I L 1 I I I I I i I Total I /0,(,� I 2r10y. I i See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 1 � S Table 2 0 • bc! Total o . 4 Amoun of N Produced 2-_?� 93 Surplus or Deficit �y ce,, May NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will he nutrient rich and will require precautionary Measures to prevent over application of nutrients or other elements. 3 • i ^r% tiT A STE--UTILIZATION-:- See attached map showing the fields to be used for the utilization of waste water. -c,b)e 3 k1GSfe Ljafe r Application of Waste by Irrigation �2R�T Field Soil Type Crap Application Application No. Rate(In/Hr) Aimount(In.) .Sb6G TSZS TABLE I5 NOT RBED€D IX WAS:E I5 NOT B$ING APPLIED BY IRRZ=IOW, HOWEVER A 5:.YSL,1R :A= wn.L BE' Hz=w FOR DRY LZ=--R OR SLURRY. Your fac_lit 's designed fo ys of temooXq��tf ge and the tempor storage must be oved on the avere ever'lN 5. In no iance ould the volumebeing stor Ln yo strut a exceed El ation Call the local Natural Resources Conservation Service (fo=erly 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 Oeeraticn: St' e /4 7 laC- h ro e,7 f e - re -(I f0,74r4t+L _----�-.:_ .__ . ._ STE.....,VTILIZ,TION- PLAN ............. REQUIRED SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, marr..ade conveyances, d'_=ect 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. Z. The Field Office must have documentation in the design folder thac 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 MRCS with a copy of a w-ritten agreement (sample enclosed) with a landowner who is within a reasonable prox:.mitp, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the 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 based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RES) 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 DF-M. (See FOTG Standard 393 - Filter Steins and Standard 390 (Interin) - Riparian Forest Buffers.]' 5. Odors can be reduced by injecting the waste or disking after 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 incorrarated on conventionally tilled cropland. then applied to ccnservaticn tided crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Vacher and Cl pate in North Carolina" in the Technical Reference - Environment file for guidance.) W • C. ". A-STE. UTILIZATION PLAN REQUIRED SPECIFICATIONS (Condnaoe) 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No pending 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. 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 crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to 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 aver - spraying. 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. I T I JrZATI-ON PLAN....... REQUIRED SPECIFICATIONS ieoncinuedl 15. Domestic and industr_al waste from washdown facilities, showers, toilets, sinks, etc., shah, 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 storlm event in addition to the one (1) foot mandatory freeboard. 18. 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 eli.*ninate 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. 7 * • ATTkC!iN Eti_T A - .WASTE ;UTILIZATTWEPLA- WASTE UTILIZATION PLAN AGREEMENT Name of Farm: L.. W • c e-Id 'e'r 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 Environment Management (OEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wasters 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 farce office and at the office of the local Soil and Water Conservation District and will be available for review by DEX upon request. Name of Facility Owner: AlrPnct W. t�e ilXP1r (Please priest) Signature : Date: Name of Manager(If different from owner): Signature: Date: Name of Technical Specialist: (Please print) Fran le -Evans err %trvvrck Affiliation: N RC.S / `Ji4KC_- .5W<11 Address (Agency) : DO t - b/Q. C/ 1 r 2. j !J r /0 .5 v Signature: 2!2 ,,,=A _ 'E,omz-, _ _ Date: � -2 8 -- z 8 A i • WASTE UTILIZATION .PLAN ANIMAL WASTE UTILIZATION AGREEMENT (Xaedad only If addltlooal land has to be leaaod, *cc.; 1, SO� h r N1c4-�Jhe w S , hereby give C, LJ. 6 e-W f1 r permission to apply anal waste from his Waste Utiizat_on System on acres of my land for the duration of time shown below. 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. Landowner: M Date: �12 Waste Producer: (�i: / }/ Date: Technical Representative: Date: - -gJ--- SWCD Representative: CG2 Date: 2f_-5, S Terra of Agreement: n e , 19 `y-to -371 n 1g17 {XlaiAtta at :an years on Cast Shared Stags) (Sew Required Specification No. 2.) Or /Dh 'C I S'nPPr_��� m Attachment North Carolina Agricultural Extension Service Iof 3 Agri-Waste Ma--n-agement Biological and Agricultural Engineering North Carolina State University LIVESTOCK WASTE SAMPLING, ANALYSIS AND CALCULATION OF LAND APPLICATION RATES James C. Barker* I. SAMPLE COLLECTION A. Semi -Solid Lot Manure i. Scraped directly from lot into spreader a. From loaded spreader, collect about 2 lbs of manure from different locations using nonmetallic collectors. ii. From storage a. Collect about 2 lbs of manure from under the surface crust avoiding bedding materials and using,nonmetallic collectors. B. Liquid Manure Slurry i. Under -slotted -floor pit a. Extend a 1/2" nonmetallic conduit open on both ends into manure to pit floor. b. Seal upper end of conduit (e.g., by placing a thumb over end of conduit) trapping manure that has entered lower end, remove and empty slurry into plastic bucket or nonmetallic container. c. Take subsamples from 5 or more locations or at least 1 quart. d. Mix and add about 3/4 pint to nonmetallic sample container. ii. Exterior storage basin or tank a. Make sure manure has been well mixed with a liquid manure chopper -agitator pump or propeller,agitator. b. Take subsamples from about 5 pit locations, from agitator pump or from manure spreader and place in a plastic bucket. * Professor and Extension Specialist, Biological and Agricultural Engineering Department, North Carolina State University, Raleigh, NC. Attachment B • 2 of 3 c. Mix and add 3/4 pint"to a nonmetallic sample container. C. Lagoon Liquid i. Collect about 3/4 pint of recycled lagoon liquid from inflow pipe to flush tanks in a nonmetallic sample container. ii. From lagoon a. Place a small bottle (1/2 pint or less) on end of 10-15, pole. b. Extend bottle 10-15' away from bank edge. c: Brush away floating scum or debris. d. Submerge bottle. within 1' of liquid surface, e. Empty into a plastic bucket, repeat about 5 times around lagoon, mix, -and add 3/4 pint to nonmetallic sample container. D. Broiler or Turkey Litter i. House litter a. Visually inspect litter for areas of varying quality, e.g., areas around feeders and waterers, and estimate percent of floor surface in each area. b. Take about 5 litter subsamples at locations proportionate to item a. E.g., if 20% of litter of similar visual quality is around feeders and waterers, take l subsample there and the other 4 subsamples from remainder of floor surface. c. At each location, collect litter from a 6" by 6" area down to earth floor and place in a plastic bucket. d. After 5 subsamples have been added to the bucket, mix, and add about 2-3 lbs litter to a nonmetallic sample container such as a 1-gallon freezer bag and seal, ii. From stockpile a. Take subsamples from about 5 locations at least 18" into pile. b. Mix, add 2-3 lbs to nonmetallic sample container and seal. Attachment B _3- 3of3 II. SAMPLE PREPARATION AND TRANSFER A. Place sample into an expandable container that can be sealed. Rinse residues from container with clean water but do not use disinfectants, soaps, or treat in any other way. B. Pack sample in ice, refrigerate, freeze, or transfer to lab quickly. C. Hand -delivery is most reliable way of sample transfer. D. If mailed, protect sample container with packing material such as newspaper, box or package with wrapping paper, and tape. E. Commercial sample containers and mailers are also available. Contacts: i. A&L Eastern Agricultural Lab, 7621 Whitepine Road Richmond, VA 23237 Ph: (804)743-9401 ii. Fisher Scientific Co. 3315 Winton Road Raleigh, NC 27604 Ph: (919)876-2351 Inc. iii. Polyfoam Packers Corp. 2320 S. Foster Avenue Vheeling, IL 60090 Ph: (312)398-0110 iv. NASCO 901 Janesville Avenue Fort Atkinson, W7 53538 Ph: (414)563-2446 F. Private analytical labs are available, but sample analyses are costly. G. The NCDA provides this service for North Carolina residents. i. Address: North Carolina Department of Agriculture Agronomic Division Plant/Waste/'Solution Advisory Section Slue Ridge Road Center P.O. Box 27647 Raleigh, NC 27611 Ph: (919)733-2655 Attn: Dr. Ray Campbell ii. Forward $4 along with the sample. iii. Include the following identification information with sample: a. Livestock species (dairy, swine, turkey, etc.) b. Livestock usage (swine -nursery, finishing; turkey -breeders, brooderhouse, grower, number flocks grown on litter; etc.) c. Waste type (dairy -lot scraped manure, liquid slurry; swine -pit slurry, lagoon liquid, sludge; broiler -house litter, stockpile iv. Routine analyses performed on all samples: N, P, K, Ca, Hg, t S, Fe, Kn, Zn, Cu $ v. Additional analyses performed upon request: DM, Ho, Cd, NI., b Map Legend for 1 " = 660' Photos Areas to spread sludge Areas to spread waste water from lagoon Suffer areas, Do not spread sludge or waste water in these areas, (See Attachment A'Required Specifications') S� Houses or other dwellings rlr�a 4 rtJ" !yt'7.'�1� •; �� 4rj�Yf ��kr � r '�� k' `�ti •5r A gt}�Y� r , sl ti r it yr�Y,C. �w srIa��I o ki r 1LL ,j •y qq t 1,,,,. ;, T :.• y�l.r.� • v � ,tis� � r.T x'{'� f i ,! a t�i'``„�`�c' �'• .�+'�' f. r ` E � � �����4l�'•T�,1 y ��t'a`'yi li �I ri y - y f. mil} �4 .tr'.���u J.1 t r• 11 ) tv • r i F t ���.�5�' - tz ,� S•?r1E�sy��.,i(!,S ��: '+:. 1 �wi r �� �'��^t yi: �� • r��'t` �rrl;Lis3's�'�d6`.h �h .'" r y ~ � �yr!'X�i is� ..y t, a.`3 �*��•Lf:. ��g��l t'�i r��.u3 kr i� r �; c y,�.r a5 r�fr � '� �_'1 l' 1"• {�'F: ! •s�y4 tti"l,`ri}1 �'.— r .�'.� �y?.,r�\rfr� �,Y J.,�p . °{V•�IR' Ir .�dSt�fa +ri't� T}r ��y� � �., 'S, �t9: "•.;.;.�ti'.i a:�. ���r=Nr..r (rd r�''y3�i51`h '�..i'' -y�is 1�` 1:.t,�k 7�v r t �. 1 ��f. �4�`♦ r i� r' 1 S t 2f 5�Ld =s {x���, !' ��t 7 { 1 s • 1 ���kvrliT� \ k'���•t�,Y a�'t• 4 � '�'i r'7iF K' � y F � 'a�lt�il r��i�r'� r, 'hr•, � y �,ar Y'�,,.5 -� !'i �'•'. G r41 i sr Sty} - , 'd '3 s' f' t1 ��{ iriA �.:r'� 1J 1i',r„ �y�:#.a:�i "tt'• 9. a .,- 7' r .ft5 n. t.r ti iv�r: � R �n �y &•r '� ` �t}�.'�c_ t; !!. rr` e, �1w +.t rr ,?,i�! }``f ��F �y��+ � � ��s l .':?•,. :'. e A,t'r �� +C� ZN^�J �:}•II;�Y� �t� �'.y `7 Ssj � ...r ., ,.`, .�. �,._ , l,.�tyr�t,r.r..:,rs. .z: t. se ' x4ii,• � ,t- t '1'r`•s•�."7"�;��"+f"Irw+'T" ,ie �•��t*f�z.'. r-1f 1�•11 of �p �� ti t> >,••,: t.$r rr r�yr�Y: IZ Attachment C Narrative of Operation Waste Management Plan for Waste Utilization and Closure of the Abandoned C. W. Gelder Waste Treatment Lagoon The followin,9 items are an integral part of the "Waste Management Plan for Waste Utilization and Closure of the Abandoned C. W. Gelder Waste Treatment Lagoon". 1. The breach shall be repaired to the original shape of existing dam and planted with permanent vegetation. 2. Existing buildings will be removed according to Wake Co. Health Dept. and Wake Co. Solid Waste regulations. 3. Landowner plans to dip out sludge and stockpile on areas adjacent to waste treatment lagoon so that the sludge will dry out. The sludge will be land applied, at agronomic rates by a manure spreader. All sludge liquids will be diverted back into the existing lagoon until the sludge is land applied. Diversions will be installed around the sludge drying and storage area to divert clean water runoff away from the sludge stockpile and lagoon. 4. The sludge is to be applied on Mr. John T. Matthews land according to the agronomic rates specified on Attachment A, page 3, Table 2 of the "Waste Management Plan for Waste Utilization and Closure of the Abandoned C. W. Gelder Waste Treatment Lagoon". The lagoon water Is to be applied on Gelder's fields by Irrigation according to rates indicated on Attachment A, page 2 Table 1, and page 4, Table 3 of the above plan. 5. The water level In the lagoon shall be kept such that a minimum.of two feet of freeboard exists at all times. 6. According to the sludge estimate, NCDA Waste and Soil Reports, the land available, present crop, NRCS and DFM standards and specifications, it will take tuQ_c1LQw_Lng seasons to roe land apply all of the sludge. For example: If the sludges inAugust 15 to December 1, 1995, at the agronomic rates shown on Attachment A, Table 2, the second application would be applied no sooner than August 15 to December 1, 1996. If the sludge is applied February 1 to May 1, 1996, then the second application would be February 1 to May 1, 1997. • Attachment C - C. W. Gelder Waste Mgt. Plan (continued) page 2 7. Once all the stockpiled sludge has been applied, the lagoon Is to be pumped completely dry and any remaining sludge in the lagoon will be removed and land applied at agronomic rates. Once this has been completed, the dam can be breached and the material in the dam can be spread over the lagoon area. All disturbed areas will be permanently vegetated. Contact MRCS for vegetation recommendations. 8. If sludge is stockpiled off Gelder's site, surface water shall be diverted away from the sludge stockpile and the stockpile shall be covered and kept dry. This is to avoid waste water runoff into the surface waters which Is not allowed under Division of Environmental Management regulations. 9. Any waste that is hauled on public roads should be hauled such that no waste will fall on the roads or adjacent areas. 10. If conditions develop in the application of this plan such that the plan must be changed, contact DEM to get their approval before the change has started. a, ��/f• S c� o� mac' 4� �~'���9�8�� t-Ule CL,, ZCO Irwr/& d e4 ,6 Z e b � (,P/f &d ehZ-)(te bItL/-bt1) -.7�H/f. -/ ,�Jd� te" fW _ ram/ _ /s- a �4Wn7 B� QN —I v s z-)L'z z ru o11 e5) ! r �e-2 bg L PA4 .FUN-16-1995 15:17 FROM DEM [DATER QUALITY SECTION TO RRO P.01/03 Wake Soil and Water Conservation District Agiculm-Al S'crvices Building W I Carya Drive, Suite D - Raleigh. North Csrolina 27610 • (919) 250-1050 FAQ TR"ShU ION SHEET Wake Boll And Water Conservation Agricultural Sbrvlces Building 4001-D 4arya Drive Raleigh, NC, Fe (919) 250- 097 1 DEPT/AGENCY: 06-kr f DATE: 6 , - FAX NUMBER 731 NUMBER OF PAGES: (excluding comer sheet) FROM: v c PHONE NUMBER 6a r�s� ab. C.��- i E9d " Jdr� A.: « l0�-31ltJt'1-dCtSE1 WO E zE = w [ L�e, 81 NRI' r r JUN-16-1995 15:18 FROM DEN DATER QUALITY SECTION TO RRO P.02iO3 Wake Soil and Water Conservation District AgriauImral Strvieces BuUdins $001 CaryaDrive, Suite D • Raleigh, North Carolina 27610 - (919) 250-1050 Mr, Danny Smith June! 16,1096 DEHNR DMsion of Environmental Management Water Quality Planning Branch P. O. Box Raleigh, NC 27626-0535 Dear Mr. Smith: This letter Is In regard to the C. W. Gelder Abandoned Swine Lagoon cleanup (NOV 14). On June 13, 19% 1 called you for Information on maximum clean up duration. You asked me to write this letter to give you some Information about how the cleanup'is progressing. On May 12, 19961 received a call from Mr. -Gelder. He wanted some technical asslstance in order to dean up the abandoned hog waste pond, On May 16, 1996, Mr. Gelder, Frank Fvans (NRCS), Peggy Redmond (Wake J'.. L1r.nn tics►+) and M self rrn^i isn. hcr+Fn rlfrrnnlnn t? � m r•tM,nr rrN of thiz vv. r r�,uur r v..�, J �....0 r�vvrr r r r. l .v .~W r 1 W,�, n m ,a ---- (r . ' .. I_ abandoned waste pond. later In a phor)a conversation I gave Mr. Gelder a couple of names of contract sludge haulers as well as the name of a pasture owner who might be open to accepting sludge. On May 25, 1995 Tom Hill and I probed the waste pond to get an estimate of waste volume. On May 30, 1996, 1 called Mr. Gelder. He and Mr. John T. Matthews pumped two building pits out into the waaste pond, to keep them #corn running over. Mr. Gelder told met that John T. Matthews would accept the sludge to apply on his fescue. 1 told Gelder according to our calculations he d need about 125 ac. of improved coastal bermuda, in order to get rid of the -waste at one time, right now. This amount and type of land Is not available in the area. "there are quite a number of houses nearby the site and no acceptable available fields. On June 1. 1995 Mr. Matthews Invited me to check out his place for sludge application. He hod about 60 acres available. Miriam Gardner NRCS District Conserve lonist and I checked the Matthews site out. On ,tune 13, 1995, Mr. Gelder called me. He was very Interested in getting his waste management plan as soon as possible. He told me that he had Matthews strengthen the breech pact of the dam and that some of the building demolition was underway. Right now, the Gelder land and Matthews land is not adequate to agronomically apply oil the sludge and waste water at one time. 222 • 90bd woad ce : ei ss . 91 mnr JUN-16-1995 15:18 FROM DEN WATER DUALITY SECTION TO RRO ** 800139Hd -1U1.01 ** P.03iO3 Leiter to Mr, Danny Smith re: Gelder NOV - - page 2 As of this morning (June 16, 1995) Frank Evans CET, NRCS and my self have drawn up a draft waste management plan to' apply the sludge and waste water at agronomic rates. this plan Will take fourteen to twen"ne months to complete. This draft plan is subject to ML G►e1ders and Mr. Matthews' approval. In general terms, Frank and I are proposing to pump the waste pond water on Mr. Gelder's adjacent fields. Mr. Gelder and Mr. Matthews have proposed to dip the sludge out, place it on a building pad on the waste pond bank, divert clean water away, and divert the sludge leachate and Incidental water to go back Into the waste pond. The sludge would be trucked to Matthews place, stockpiled, measures Installed to prevent polluted runoff, and sludge applied at agronomic rates. I hope to have approval of Mr. Gelder and Mr. Matthews next week - Please call me If you have any questions. sincerely, 1014� Larry Petrovlck Natural Resource Conservationist cc: Mr. C. W. Gelder coo '3edd •t + N0QD -aAbm-uasn wod i oo : E i s6 , s l Nnr TOTAL P.03 MICHAEL F. EASt,EY ATTORNEY GENERAL. --MEMORANDUM-- TO: FROM: DATE: " State of North Carolina Department of Justice A. Preston Howard Harlan K. Britt Kenneth Schuster P. O. BOX 629 REPLY TO: Anita L. Quiglps R A LE I G H Environmental Division Tel. (919) 733-7247 2 7 r02-0629 Pax.(919) 733.079 t" jnj � `JJ i�l� ll L jut— _�10 Judy Garrett Danny Smith Anita L. Quigless, Assistant Attorney General June 26, 1996 C.W. Gelder, 96 EHR 0415 On May 3, 1996, I contacted your office asking that the civil penalty assessment in the aforementioned case be rescinded because the wrong county had been identified in the assessment. On May 14, 1996 a modified civil penalty assessment was issued and the correct county was properly set out. Unfortunately, despite the fact that the earlier assessment was retracted, the same case number was assigned to the subsequent assessment. This has caused a lot of confusion in OAH. Please reissue this assessment with a new case number. If you have any questions, please feel to call me at the number set out above. Thank you for your consideration. c: Kathy Cooper Steve Tedder Dianne Wilburn An Equal Opportunity / Affirmative Action Employer E d,,. SfATF State of North Carolina MICHAEL F. EASLEY Dep ar(ment of Justice ATTORNEY GENERAL P. o, BOX 621') REPLY TO: Anita L. Quigleas RALEIGH Environmental Division Tel, (919)733-7247 27602d 629 Fax.(919)733-0791 --MEMORANDUM-- TO: Kenneth Schuster ,. Judy Garrett Danny Smith FROM: Anita L. Quigless, Assistant Attorney Genera If DATE: June 4, 1996 RE: C.W. Gelder, 96 EHR 0415 Please let me know the status of this case. Counsel for the Petitioner has not withdrawn his petition and has told me that he does not intend to withdraw his petition. I was hoping that the civil penalty would have been rescinded and another civil penalty issued naming the correct county where C.W. Gelder's hog facility is located. A prehearing statement has been filed by the Petitioner and the case has been scheduled for hearing before the Honorable Beecher R. Gray the week of August 12, _ 1996. Time appears to be of the essence. If you have any questions, please feel to call me at the number set out above. Thank you for your consideration. c: A. Preston Howard Harlan K. Britt Kathy Cooper Steve Tedder Dianne Wilburn An Equal opportunity / Affirmative Action Employcr e3 C. W. Gelder Route 1, Box 126 Norlina, NC 27563 May 17, 1995 A. Preston Howard, Jr., P.E. NC Department of Environment, Health and Natural Resources P. O. Box 29535 Raleigh, NC 27626-0535 Re: Notice of violation per 15A NCAC 2H .0217(a)(1) Dear Mr. Howard: �uu gar 19 DENNR RAiE1GH REG10NAi OFFICE I have received your letter dated April 27, 1995. A copy of that letter is attached hereto for clarification. I wish to advise that I was not responsible for operating any production of hogs on my farm located in Wake County, NC. The farming operation was carried on exclusively by Lynwood Carroll who leased the premises from me. Mr. Lynwood Carroll is the gentleman who constructed the lagoon located on my land and such lagoon was placed on my land without any specific permission from me and without advising me that the lagoon was being constructed. You will note that I am a non-resident landowner. Mr. Lynwood Carroll advised me in the middle of 1994 that he was going out of the hog business and that he would not be leasing from me after the end of December, 1994. I went to the farm in January of 1995 and I noted that the lagoon itself had no real water located in it and the sludge bed, however, was wet. At that time, I thought it practical to endeavor to get the sludge bed dry so that machinery could be used to clean up the lagoon and properly dispose of the sludge that was located in the bottom of the lagoon. Unfortunately, while the drainage was taking place, very.heavy rains came on March S and 9 and a great deal of water got into the lagoon and escaped through the trench. At the time that I was trying to get the lagoon in shape to be cleaned, I was not aware that the trench violated any regulations. I am not a farmer and I am not aware of environmental health regulations. I have been in the construction business prior to my retirement and I was doing what I thought was practical in connection with making a permanent solution to a problem that I recognized. It has been a long time since I have been involved in any farming operation and the rearing of hogs which most recently took place on the farm was done by Lynwood Carroll. I am not going to lease the farm to anybody else to raise swine on the farm and I do not need a continuation of the deemed permit for the elimination of waste and no application is being made at this time. Page Two Mr. A. Preston Howard, May 17, 1995 I am interested in getting a plan to close out the facility and to clean up the problem. Yesterday, May 16, 1995, I met with Judy Garrett and Danny Smith in the Regional Office in Raleigh. I discussed your letter with them and outlined for them the same things that are enumerated in this letter. I have also met on the farm with Larry Petrovick who is with the Wake Soil and Water Conservation District relative to providing me with a plan to clean up the lagoon and the environmental problem. As soon as this plan has been completed, a copy will be sent to you for your approval prior to the time that the work is done. In the meantime, I wish to advise that the trench in the lagoon has been stopped up and there is no further seepage coming through the dam and there is no further discharge from the lagoon. I have constructed diversion ditches around the lagoon so that no additional run off water will go into the lagoon that will cause a problem. In your letter, you want to know when the trench was dug in the lagoon and the length of time that it was in place. I do not know exactly since I was in Florida, but it was sometime after the middle of January, 199S that the trench was dug in the dam and it was made deeper from time to time over a period of about six weeks. The trench in the lagoon was stopped up and the discharge was discontinued immediately on March 10 after notification by Mr. Danny Smith. Lime was also applied on any areas where any of the discharge had gone upon any adjacent lands at the direction of -Danny Smith. In every instance I have tried to cooperate in this matter and I wish to advise that I will continue to do everything possible to aid you in connection with this. Very jtruly ours, -WW• //• C. W. Gelder Copy to: Ms. Judy Garrett Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Mr. Larry Petrovick 4001-D Carya Drive Raleigh, NC 27610 State of North Carolina MICHAEL F. EASLEY Department of Justice Reply to: Anita LeVeaux Quigless ATTORNEY GENERAL P. O. BOX 629 Environmental Division RALEIGH (919) 733-7247 2 7602-062 P (919) 733-0791 (Fax) May 3, 1996 Edgar R. Bain Bain & McRae P.O. Box 99 Lillington, NC 27546 RE: C.W. Gelder, 96 EHR 0415 Dear Mr. Bain: In a letter dated January 3, 1996, a civil penalty was assessed against your client C.W. Gelder in the amount of $3,282.16. A finding of fact in that civil penalty assessment, that your client owns a hog facility located on State Road 1391, 0.3 road miles south of the junction with SR 1386 in Franklin County, North Carolina, was in error. In fact, your client's hog facility is located in Wake County. Accordingly, it is my belief that my client will rescind that civil penalty. It is further my understanding that another civil penalty will thereafter be issued naming the correct county. Once you receive the order rescinding the civil penalty, I hope that you will withdraw your petition. Thank you for your consideration. c: Honorable Beecher R. Gray Harlan K. Britt Steve Tedder Kenneth Schuster Danny Smith Sincerely, al�-t Anita LeVeai Assistant Attt Bar No. 13667 A. Preston Howard Kathy Cooper Danne Wilburn Judy Garret An Equal Opportunity / Affirmative Action Employer hit State of North Carolina Tow Department of Environment, Health and Natural Resources + v Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [DEE A. Preston Howard, Jr., P.E., Director i� April 27, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. C. W. Gelder 2853 SW Lakemont Place Palm City, FL 34990 Subject: LOSS OF DEEMED PERMITTED STATUS NOTICE OF VIOLATION NOV 95-14 As Per 15A NCAC 2H .0217(a)(1) Gelder Hog Facility Wake County Dear Mr. Gelder: 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 my wastewater from the operation to the waters of the State. On March 10, 1995, Danny Smith from the Raleigh Regional Office conducted a site inspection of the subject facility due to a citizen's complaint. Mr. Smith observed an illegal discharge of wastewater from your lagoon flowing at an estimated rate of 4 gallons per minute to an unnamed tributary of Middle Creek (class C-NSW waters in the Neuse River basin). The cause of the discharge was a man-made trench which emptied the contents of the lagoon, some accumulated solids and storm event water from the lagoon. Mr. Snzdth contacted Mr: Clyde Marsh, who explained a trench had been dug into the lagoon berm by a backhoe in order to reduce the water level in the lagoon. This letter serves as •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. 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 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: 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 Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If you choose to close out this facility, you will also be required to submit a plan explaining how this will be accomplished. 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 non discharge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. In addition to the receipt of your waste management plan, this office will require a written response to this Notice of Violation within 30 days of its receipt. Your response should discuss the elements of your waste management plan (including equipment, availability of land for waste application) and any repairs made to your facility. Your response mustalso specifically explain why the trench was placed in the lagoon berm and the length of time it was in place. Please send this correspondence to the attention of Judy Garrett at the Raleigh Regional Office, 3800 Barnett Drive, Suite 101, Raleigh., NC 27609. Please carefully address each of the aforementioned issues in your responses. These and other violations of North Carolina General Statutes may result in an assessment of civil penalties of up to $10, 000 per day. If you have any questions concerning this matter, please do not hesitate to contact either Judy Garrett, Water Quality Supervisor for our Raleigh Regional Office at (919) 571- 4700 or Dianne Williams Wilburn of our.Central Office staff at (919) 733-5083, ext. 232. Sincerely, 1 .e' Aj---4� A. Preston Howard, J E. cc: Judy Garrett - RRO Wake County Soil and Water Conservation District Wake County Health Department NC Division of Soil and Water Conservation Planning Branch Of—" ions=l3irauclx Mr. Clyde Marsh Raleigh Regional Office March 24, 1995 MEMORANDUM To Dianne Wilburn FILE Through Kenneth Schuste , P.E. Copy Judy Garrett From : Danny Smith Subject Notice of Violation and Loss of Deemed Permitted Status Mr. C.W. Gelder SR 1391 Wake County Please find attached a letter for Preston Howard's signature concerning the subject facility. This facility was previously designated as a Concentrated Animal Feed Operation, and has been registered as required by 15A NCAC 2H. 0217. Danny Smith of this office observed wastewater being discharged from this facility through a man-made conveyance (a trench which was dug by a back -hoe). Also, the illegally discharged wastewater was observed entering into an unnamed tributary of Middle Creek (Class C - NSW). To date the RRO staff have not been able to contact Mr. C. W. Gelder. A Mr. Clyde Marsh, a business associate of Mr. Gelder, has eliminated the discharge on behalf of Mr. Gelder and has assisted this office with the investigation. In order to insure Mr. Gelder is expeditiously informed of this Notice of Violation, I recommend Copying Mr. Marsh on this letter. If you have any questions please call Danny Smith_ or Judy Garrett. /ds I r Inspection Form for Animal Operations 1.,Inspection Date: March 10, 1995 2. Regional Office: RRO 3. Name of Owner of Property: current address: Mr. C.W. Gelder 2853 SW Lakemont Place Palm City, Florida 34990 4. Name of Operator: (Former Operator) Mrs. Betty Carroll 6790 Kennebec Road Willow Springs, NC 27592 Note: As per Mrs. Carroll, this facility is no longer in operation since approx. November 1994 (note: facility was not closed out properly) 5. Description of Facility Location: From junction of Optimist Farm Rd (SR 1390) and Bells Lake Rd ( SR 1386 ) turn left on to SR 1386 go 0.3 road miles and turn right on Mann's Loop Rd (SR 1391) and go 0.1 road miles, turn left down dirt path, the facility is located at end of road 6. Date facility began operation: unknown 7. Date of last inspection: October 1, 1992 8. Has Facility registered with DEM: yes, December 12, 1993 9. Does facility have an approved animal waste plan: NO note: waste utilization plan is now required due to attached NOV, and/or a facility close out plan 10. Has facility received a CAFO Designation: yes, Issued date: ,Tune 21, 1991 note: Mrs. Betty Carroll, the operator, received the designation correspondence 11. Operation type: swine 12. Number of animals: average number = 925 as per registration data the facility does not contain hogs and is currently not being operated 13. Length of confinement: facility is designed to house hogs year round Mr. Gelder Page -2- 14. Are crops or pasture sustained in normal growing season over any portion of the facility. yes 15.. Types of Waste Management: containment buildings, solids collectors, pipes and associated apertures, and one lagoon. (did not observe any spray or land application equipment during inspection) 16. Description of other animal operation in immediate vicinity: I am not aware of any near by facilities. 17. Proximity of facility to neighboring houses, wells etc.: 200 yards or greater 18. Groundwater depth: unknown 19. Proximity of facility to surface waters: approximately 50 ft. 20. Was an Animal Waste Discharge occurring during the inspection.: yes, attached are photographs. The remaining photos will accompany a forthcoming Enforcement Action pending RRO's receipt 21. Are Pol. Yes, a order to "drain some of the water out of the lagoon". This man-- made conveyance was initiated during November 1994. The above information was provided to me by Mr. Clyde Marsh. Mr. Marsh'A&--. Gelder Page -3- routinely works with/for Mr. Gelder and has been the RRO's contact person thus far. It is important to understand that during the winter Mr. Gelder's residence is in Florida and during the time of the investigation he was .on vacation traveling in a Winabago in Arizona (as per Mr. Clyde Marsh). Due to Mr. Gelder not being readily available, Mr. Marsh repaired the breach in the lagoon. (I have currently not talked with Mr. Gelder) During the inspection tilie lagoon was discharging wastewater at rate of approximately 4 gal/minute to an Unnamed Tributary to Middle Creek (Class C NSW). This is a deliberate man-made conveyance. Note: I saw this discharge, and the trench that was clearly made by a back --hoe, I photographed the discharge, the trench, and the wastewater reaching surface waters. Also, Mr. Marsh admitted that the trench was placed in the lagoon berm in order to drain the lagoon (during a March 10, 1995 telephone conversation). Nutrient samples were collected by Wake's Health Department. However, neither water samples or parametric stream data was collected by RRO staff (I determined that this data was not necessary for regulatory purposes). Please call Danny Smith if you. have any questions.... 22. Was the subject discharge caused by a 25yr/24 hr storm event: The discharge was not caused by a 25yr/24hr storm event- it was man-made. Assessment Factors (1-12) 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: Mr. C.W. Gelder owns a hog facility in Wake County on SR 1391, 0.3 road miles south junction SR 1385. Discharges of wastewater have occurred from this facility as noted in the April 1, 1991, inspection (which resulted in this facility receiving a CAFO Designation) and during the subject inspection (March 10, 1995). During the March 10, 1995, inspection, due to a man-made conveyance, wastewater containing nutrients and pathogens, were discharged in undetermined amounts to the waters of the State (Unnamed Tributary to Middle Creek - Class C NSW). Gelder Page -4- 2. The duration and gravity of the violation: During a telephone conversation on March 10, 1995, Mr. Clyde Marsh explained that the subject trench was initially placed in the lagoon berm during November 1994 in order to the reduce level of water in the lagoon. This allowed wastewater, solids that have accumulated in the lagoon, and stormwater to be discharged in undetermined amounts to the waters of the state (a Unnamed Tributary to Middle Creek). 3. The effect on ground or surface water quantity or quality or on air quality: The effect on water quality as a result of past discharges includes excessive additions of nutrients, particularly through nitrogen loading, and the increased potential of toxic effects from ammonia. However, due to the few compliance inspection data points, it is unclear how frequent or common such discharges were. It is the Raleigh Regional Office's belief that the occurrences of illegal discharges were in fact more frequent than indicated by the limited number of site inspections. Also, the impact to water quality is further manifested by the fact that this watershed is nutrient sensitive. 4. The cost of rectifying the damage: Correcting historic nutrient loading, dissolved oxygen demands on stream biota, contamination. of surface water with fecal coliform bacteria, and toxic impositions from ammonia is not currently possible. As a result, the unnamed tributary to Middle Creek (Class C NSW) and the stream biota therein, have to endure the increased stress associated with the receipt of poorly treated and illegally discharged wastewater. S. The amount of money saved by noncompliance: It is the RRO's belief that this facility's waste management has been a chronic problem. Effective wastewater treatment and facility stewardship is a responsibility of every animal facility. The man-made conveyance which emptied the contents of this facility's lagoon definitively indicates that Mr. Gelder, has incurred very little overhead cost regarding equipment and labor necessary for a waste management program (which Mr. Gelder's competitors endured as normal operation costs). Gelder Page --5- 6. Whether the violation was committed willfully or intentionally: Yes, this discharge was intentional. Mr. Gelder's business associate admitted the trench was dug in the lagoon berm in order to -lower the level of water in the lagoon. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: April 1, 1991. - site inspection - Facility was observed to be discharging through a pipe to surface waters. June 21, 1991 - Facility received CAFO Designation July 23, 1991 Response from Mr. Jerry L. Carroll to CAFO Designation December 2, 1992 - Facility was found to be compliant March 10, 1995 - Facility observed to be discharging through trench dug by a back -hoe. 8. The cost to the State of the enforcement procedures: Has not been determined at this time. 9. Type of violator and general nature of business (i.e. Individual vs. large corporation): Mr. C.W. Gelder.owns this hog facility. 10. Violators degree of cooperation (including efforts to prevent or restore) or -recalcitrance: To date I have not talked with Mr. Gelder. However, Mr. Clyde Marsh (acting for Mr. Gelder) repaired the trench in 'the lagoon berm on March 10, 1995. As per Wake County's Health Department: He will also lime and remove some accumulated solids that impacted the property of an adjoining neighbor, Mr. Walter Lasater. 11. Mitigating Circumstances: I have no mitigating comments to offer..... Gelder Page -6- 12. Assessment Factors: a) IWC: unknown b) Receiving Stream: Middle Creek Class C - NSW c) SOC/JOC status/negotiations: NA' d) Copy of MP Screen: NA e) Copy of Limits Page in Permit: NA f) Damage: y/n. Conclusion:1-4 1. Include copy of any Designation letter signed by the Director: see attached 2. Recommendations Made to Operator: Stop any and all discharges, repair the lagoon berm -- 3. Recommendation for Further DEM Action: NOV and losses of Deemed Permitted status, RRO will require receipt of subject NOV response, will likely pursue Enforcement Action, and will re -inspect. NOTE: in this attached Loss of Deemed Permitted status letter the RRO will require a the submission of waste utilization 'plan and/or a closeout plan. 4. Other Comments: If this inspection report is not clear or you need more information call Danny Smith at RRO.... '.`".. • -� •`' . i(' �' �'.': mil;_ � � r.y, �t�'� � r J►t' � ; ,r x1 s 1�left r 1 . k1 74 `{•', r ../.-l. y``t� �✓ 1 mod'_' _ _ r..,r• •, - ',,`��.� / - .r'.:—r F,.'Y �i" r •%T i _�!1.i r r �'rtFliY'�-.Y. ` Y��.- _. � �-o, �r' t-,ias•'t'„r; .'3 �- ;ti ,\ ` "'1 •r -��ay: �i•. r.J. �� r 1 r i rif+` xJ-. �•wY1 _ ieXs�' i 'r•�,�� : ��r-ram � .r`r„1 � '�.- � - -.,. - w� .� � . ,� � �ti'.- s . Alt: •`�*_ . -i, wF.4� ..... 5 rr 3950 n % �I ��. 400 Q �G� 4i1 i_' a r x 111) I elm f 10 C 3g49 !� Q Wme coo Lb / 13948 'y- !• " :.' �� ,� �,; i �''.tif Qlees2aE�1 II 11" 4 �J 11 / orre I Cem [ �� •! go . Cem jf' } L4� l : % : JJ . I 4Vc• C ' Z •' �' rare ^rC,Qm.l�y'Trailer I I BM /�� fig 0. r�: C \ l r �• I � •'�(qY .✓, l� f I J3«! 1 273 11 \ �lob 3146 o 2, Inks" `:•� ''� a 1341� 41! ��/� //'�.� �l � �� �•• � 45 Vilia s kF4-� i y��\\=G _ f .T`•;!YI'9M.i:fr i .r f/ �fj�+ FFg7 r rUO U.aY 9NRrA/Yi„ Mt. u '7Ql rLYErrEVlLl.f, iAll, L Mapped; 6d�ted, and published by the Geological Survey byUSGS, USC&GS, and USCEms * * R• DIVISION OF ENVIRONMENTAL MANAGEMENT ENFORCEMENT CASE ASSESSMENT FACTORS TYPE: Illegal Discharge COUNTY: Wake - RRO VIOLATOR: C. W. Gelder ADDRESS Route 1. Box 126 Norlina, NC 27563 I. CIVIL PENALTY ASSESSMENT FACTORS FOR WATER QUALITY CASES 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: Mr. C.W. Gelder owns a hog facility in Wake County on SR 1391, 0.3 road miles south junction SR 1386. Discharges of wastewater have occurred from this facility as noted in the April 1, 1991, inspection (which resulted in this facility receiving a CAFO Designation) and during the subject inspection (March 10, 1995). During the March 10, 1995 inspection, due to a man-made conveyance, wastewater containing nutrients and pathogens, were discharged in undetermined amounts to the waters of the State (Unnamed Tributary to Middle Creek - Class C NSW). The effect on water quality as a result of this discharge includes excessive additions of nutrients, particularly through nitrogen loading, and the increased potential of toxic effects from ammonia to stream biota. In addition, this discharge is also a pathogen vector to the unnamed tributary to Middle Creek. The impact to the natural resources of the State is further manifested by the fact that this watershed is nutrient sensitive. 2. The duration and gravity of the violation: Mr. Gelder had a trench dug with a back -hoe in the lagoon berm in order to "drain some of the water out of the lagoon". As per Mr. Gelder, this man-made conveyance was initiated during mid January 1995. Assessment Factors Page -2- During the March 10, 1995 inspection the lagoon was observed to be discharging wastewater at rate of approximately 4 gal/minute to an Unnamed Tributary to Middle Creek (Class C NSW). This deliberate mah7made conveyance allowed wastewater, solids that have accumulated in the lagoon, and stormwater from the lagoon to be discharged in undetermined amounts to the waters of the state (an unnamed tributary to Middle Creek). It should be noted that as a result of the initial April 1, 1991 inspection, this facility was designated as a Concentrated Animal Feed Lot (CAFO) for a discharge through a permanently installed concrete pipe. Though not discharging, this pipe was still in place during the March 10, 1995 inspection. 3. The effect on ground or surface water quantity or quality or on air quality: The effect on water quality as a result of past discharges includes excessive additions of nutrients, particularly through nitrogen loading, and the increased potential of toxic effects from ammonia. However, due to the few compliance inspection data points, it is unclear how frequent or common such discharges were. It is the Raleigh Regional office's belief that the occurrences of illegal discharges were in fact more frequent than indicated by the limited number of site inspections. Also, it should be noted operation since middle of 1994. the lagoon was no longer receiving event water. that this facility was not in The animals had been removed and additional water other than rain 4. The cost of rectifying the damage: Correcting historic nutrient loading, dissolved oxygen demands on stream biota, contamination of surface water with fecal coliform bacteria, and toxic impositions from ammonia is not currently possible. As a result, the unnamed tributary to Middle Creek (Class C NSW) and the stream biota therein, have to endure the increased stress associated with the receipt of poorly treated and illegally discharged wastewater. 5. The amount of money saved by noncompliance: It is the RRO's belief that this facility's waste management has been a chronic problem. Effective wastewater treatment and facility stewardship is a responsibility of endured by every facility. The man-made conveyance which resulted in the discharge of wastewater and sludge the from the lagoon definitively indicates Assessment Factors Page -3- that Mr. Gelder initially incurred very little overhead cost regarding equipment and labor necessary for a waste management program (which Mr. Gelder's competitors endured as normal operation costs). 5. Whether the violation was committed willfully or intentionally: Yes, this discharge was intentional. Mr. Gelder stated in both a meeting at the RRO and in a written correspondence to the RRO (attached) that he intentionally breached the lagoon for the purpose of lowering the water (drying out the lagoon) in order.to close out the lagoon. In addition during the subject site visit Danny Smith saw the cut in the lagoon berm, observed wastewater and solids from the lagoon entering to waters of the state, and photographed the violation (see attached photos). 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: April 1, 1991 - site inspection - Facility was observed to be discharging through a pipe to surface waters. June 21, 1991 - Facility received CAFO Designation July 23, 1991 - Response from Mr. Jerry L. Carroll to CAFO Designation December 2, 1992 - Facility was found to be compliant March 10, 1995 - Facility observed to be discharging through trench dug by a back -hoe. April 27, 1995 - Loss of Deemed Permitted Status May 17, 1995 - Mr. Gelders written response to Raleigh Regional Office Response S. The cost to the State of the enforcement procedures: Investigator 8hrs. Staff Review lhrs. Reg. WQ Supervisor lhrs. Assessment Factors Page -4- Mileage 40 $16.00 Admin. Costs $100.00 Total Cost $282.16 9. Type of violator and general nature of business: The violator, Mr. Gelder, is retired from the construction business and is a non-resident landowner. Mr. Gelder had leased the subject hog operation to Mr. Lynwood Carroll who notified him during the middle of 1994 that he was going out of the hog business. 10. Violators degree of cooperation or recalcitrance: Generally, Mr. Gelder and his associate Mr. Marsh were very forthcoming and helpful to regional investigators. 11. Mitigating Circumstances: -After receiving the Loss of Deemed Permitted Status letter Mr. Gelder met with Judy Garrett and Danny Smith at the RRO on May 16, 1995. During this meeting Mr. Gelder explained that the purpose for backhoe dug hole in the lagoon was to allow the water from the lagoon to drain in order to dry out the sludge in the lagoon. However, subsequent rain events further eroded the trench and allowed solids to be pushed out of the lagoon. -Also, Mr. Gelder contention is that he is not a farmer and was not aware that he was breaking any regulations. He was simply trying to fix a problem that he recognized. -Mr. Gelder is currently developing a closeout plan for the facility. 12. Assessment Factors: a. IWC: N/A b. Receiving Stream: Class C NSW C. SOC/JOC Status: N/A d. MP Screen: N/A e. Limits Page: N/A f. Damage: impacts to water quality and degradation at discharge location. II. Recommendations: The staff of the RRO recommends that a civil penalty be assessed for the enclosed violation (see photos). Mr. Gelder appears to be willing to correct the management problems at his facility. it i1 yy5 61:33 07 j;S7 C W GELDER P6GEE b6 I ' STATE OF NORTH CAROLINA COUNTY OF FRANKLIN IN THE MATTER OF C. W. GEL.DER I -OR A V 10LATIOIr OF G.S. 143-215(c) CONSTRUCTING A CONVEYANCE FOR WILLMMLY DISCHARGING POLLUTANT TO WATERS OF THE STATE i NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. CF 95-10 FINDINGS AND DE61SION AND ASSESSMENT OF CI),'IL PENALTIES Acting pursuant to North Carolina Gengral Statute (G.S.) 143-215.6A. 1, A. Preston Howard. Jr., P.E., Director of the Uivisibn of Environmental Management (DEM), retake the followirg: 3 L1�ti:(; S 0E E&C.1 A. Mr. C: W. Gelder owns a hog facility located on State Road 1391. 0.3 road miieN south of the junction with SR 13 36 in Franklin County. North Carolina. B . On M:srch 10, 1995. DEM staff served a discharge of wwast.ewa.tcr by a man-made ditch from the f.-uility's lagoon t an Unnamed Tributer} to !Middle C r=k in the ticusr Basin.which are Class C NSW atcrx. C. Mr C. W. Gelder willfully diich ged pollutants to waters of the Statc. U. The costs to the State of the cnfo cmcnt procedures in this matter totalled $282.16. Based upon the above 1-indings of Fact. make the following: H. CQN M I-5i005 OF LAW: i A. Mr..C. W. Gelder is a "person" Ithin the meaning of G.S.143-215.6A pursu;+rit to C G.S. 143-212(4). The Unnamed Tributary to Middl Cmck constitutes waters of tic State within the ntcaning of G.S. 143-215.1(a)(1 pursuant to G.S. 143-212(6). The above -cited discharge contsttmal Led constructing a conveyance for tic willful discharge of pollutants from an feeding operation to waters of the State pursuant to 143-215(e). III (2) (3) (4) (5) (6) (7) (8) i r D. Mr. C. W. Gelder may be asses civil penalties in this matter pursuant to G.S. I43- 215(c). which provides the Con fission the authority to assess fines and penalties not to exceed five thousand dollars $50W.00) for the first offense for the willful discharge of pollutants from an imal feeding operation to waters of the State. E. The State's enforcement costs it this matter may be assessed against Mr. C. W. Gelder pursuant to G.S. 143-2 5.3(a)(9) and G.S. 143B-282. I (b)(8). F. The Director. Division of Envir nmenta! Management, pursuant to delegation provided for by G.S. 143-215.6 (h). has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact I d Conclusions of Law. I make the followitrc: D ISION: Accordingly, Mr. C. W. Gelder is herellr assessed a civil penalty of: S-3 mob for constructing 3 conveyance for the willful discharge of pollutants from an animal Boding operation to waters of the State. S - TOTAL CI'VI PENALTY. which is _4,p_ percent of the maximum pens! authorized by G.S. 143-215(e). _b. 282.16__._ Enforcement costs. , STOTAL A9001_ QUIE , t As required by G.S. 143-215.6 (c), in determining the amount of the penalty I have considered the factors listed in S,14313-282.1(b). which are. - The degree and extent of harm to the na ral resources of the State. to the public hea[th. or to private property resulting from the vial".on The duration and gravity of the violation The effect on f7ound or surface water g4antrty or quality or on aii quality: The cost of rectifying the damage; i The amount of money caved by noncom Dance: Whether the violation was committed wi IfW]y or intentionally; The prior record of the violator in comp ing or failing to comply with prograrns over which the Environmental Management Commi'sion has regulatory authority; and The cost to the State of the enforcement raccdures. ,,AAA. Preston How Division of Envu Jr.. P.E.. Director ental Management _ j .J i �e o d Water Conservation District s IAN gricultural Services Building 4001p�iye, t� • Raleigh, North Carolina 27610 • (919) 250-1050 January 11, 1996 MEMORANDUM TO Judy Garrett, DEM Raleigh Regional Water Quality Supervisor From Larry Petrovviick Natural Resource Conservationist Subject : December 4, 1995 site visit to determine the status of the "Waste Management Plan for Waste Utilization and Closure of the C. W. Gelder Waste Treatment Lagoon" Enclosed is my January 11, 1996 letter to Mr. C. W. Gelder, Mr. Gelder asked for a document from me stating that the cleanup was done properly. Frank Evans and I visited the site on December 4, 1995. 1 circulated a draft of our site visit letter to Peggy Redmond, Wake County Department of Health Water Quality Specialist for her approval. Also attached is a copy of Peggy Redmond's January 3, 1996 revision to her original December 7, 1995 memorandum to you. She FAXed her January 3, 1996 memo to me for our review. Please contact me if you have any questions. cc: Danny Smith, Frank Evans, Miriam Gardner, Rick Bailey, Peggy Redmond, Edwin K. Penney, Rick Rowe 50% Total Recovered Fiber/25% Post -Consumer Wake Soil and Water Conservation District Agricultural Services Building 1001 Carya Drive, Suite D • Raleigh, North Carolina 27610 • (919) 250-1050 Mr. C. W. Gelder January 11, 1996 2853 SW Lakemont Palm City, Florida 34990 Dear Mr. Gelder, In mid -November you asked me to visit your abandoned hog lagoon site. You stated that the lagoon had been cleaned up and that you would like some documentation saying that the cleanup had been done properly. As I mentioned to you, I was not able to schedule a visit to the site until December 4, 1995. Frank Evans, NRCS, and I visited the site as scheduled. Following is a summary of our findings and other important information. 1. The soil on the lagoon dam near the old breach point had been recently disturbed. Little vegetation was present at the old breach site. 2. Water from the upper fresh water pond had recently been diverted into the old lagoon site. This water could overtop the old lagoon site if it is not controlled. No apparent water control device or spillway was seen on the old lagoon dam. 3. We are not able to determine if the entire lagoon basin had been cleaned out properly, since water covered most of the lagoon bottom during the time of our visit. 4. It appears that sludge solids were applied to field 5. Indications of grading and chunks of sludge were present on field 5. The land had been disced at some point. Other indications include a dark soil color that was formerly AgB2. The plan stated that field 5 was to be used for applying wastewater only on existing ryegrass and native vegetation. 5. We have not received word from you, your agent or DEM as to the need to make changes in your plan after our plan presentation meeting on June 28, 1995. 6. We are not able to determine if the sludge and or wastewater was applied to the appropriate planned application sites at agronomic rates. We do not have complete information as to where the sludge is stockpiled or applied. 7. The approved waste utilization and closure plan indicates that the duration of waste disposal should take from fourteen to twenty-one months. You Indicated that the cleanup was completed In mid - November 1995. We presented the "Waste Management Plan for Waste Utilization and Closure of the C. W. Gelder Waste Treatment Lagoon" (the plan) on June 28, 1995, less than five months earlier. 50% Total Recovered Fiber/25% Posr-Consumer January 11, 1996, Letter from Larry Petrovick--page2 The plan that we presented to you, John Matthews, Danny Matthews, Danny Smith and Peggy Redmond on June 28, 1995 was the plan that you agreed to apply. Hence, Frank Evans and I cannot certify the actual waste utilization and lagoon closure was implemented according to the "Waste Management Plan for Waste Utilization and Closure of the C. W. Gelder Waste Treatment Lagoon". Sincerely, Larry Petrovick Natural Resource Conservationist cc: Frank Evans, Miriam Goner, Rick Bailey, Peggy Redmond, Edwin K. Penney, Rick Rowe, Danny Smith, Judy Garrett j3/1996 10:56 919-250-4443 ENV HEALTH WCDOH PAGE 02 January 3, 1996 MEMORANDUM TO Judy Garrett, Raleigh Regional Water Quality Supervisor THROUGH Edwin K. Penny, Wake County Department of Health Water Quality Section Supervisor FROM Peggy Redmond, wake County Department of Health Water Quality Specialist SUBJECT : Close out of former C.W. Gelder Animal Waste Treatment Lagoon on Mann's Loop Road; revision to December 7, 1995, memorandum The subject facility no longer contains waste sludge in the lagoon. The adjacent field has been sown in winter fescue and shows healthy growth. No impacts to the adjacent creek and wetlands has been observed. The containment houses, collection piping and feeding units have been removed and the ground leveled. The former lagoon area has been scraped down to bare dirt. Any impacts to groundwater were not assessed. The freshwater pond is still in place. There were no observable water quality impacts from the former lagoon. If you have any further questions, please contact zee at 250-1562. cc: File January 3, 1996 MEMORANDUM TO Judy Garrett, Raleigh Regional Water Quality Supervisor THROUGH Edwin K. Penny, Wake County Department of Health Water Quality Section Supervisor n FROM Peggy Redmond, Wake County Department of Health rQ Water Quality Specialist SUBJECT Close out of former C.W. Gelder Animal Waste Treatment Lagoon on Mann's Loop Road; revision to December 7, 1995, memorandum The subject facility no longer contains waste sludge in the lagoon. The adjacent field has been sown in winter fescue and shows healthy growth. No impacts to the adjacent creek and wetlands has been observed. The containment houses, collection piping and feeding units have been removed and the ground leveled. The former lagoon area has been scraped down to bare dirt. Any impacts to groundwater were not assessed. The freshwater pond is still in place. There were no observable water quality impacts from the former lagoon. If you have any further questions, please contact me at 25Q-1562. cc: File .� r< �,z o re i" e./p"/ Site Requires Lmmediate Artertion Facility Number: SITE VISITATION RECORD DATE: Z111f&Z , 1995 Owner: L21,ubbaf rre ]1 Farm Name: .._-- (�:Q / �D �� Aa ✓ nn S County: .K & Agent Visiting Site: Z")N P5 7'R 0V 1 C k- Phone: Operator: ri t..a -K�a Phone: _r'-r 2 — 2- 5 7 2 On Site Representative: -e — _ Phone; Physical Address: 0 /�/� / . S r-,` Mailing Address: Type of Operation: Swine _ V_ Poultry Cattle DesiEn Cavaci.ry: Number of Animals on Sire: 4 4n 1200 Latitude: a " Longitude: o Type of Inspection: Ground , Aerial Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot = 25 year 2 hour storm event (approximately I Foot T 7 incites) Yes or No Actual Freeboard: — Fee: Inches For facilities with more than one lagoon, please address the other lagoons' Leeboard under the Comments section. Was any seepage observed from the lagoon(s)? Yes or No Was there erosion of the dam?-. Yes or No Is adequate land available for land application? Yes or No Is the cover crop adequate? Yes or No Additional Comments: 7 C.-V"t iwere�-"(7 k t i4 -&V— 21 e yCvfr a hw eh cvas7`e �r,�, fp „ N0 r 4A w es +_ r n r- n: ,= a -t t o /aloe n ��•� {_ a /� e Al c le .,/ !N --X-,", �� /, . -I i 200'3t10.J WJ�l-� E 7::6 SE. J' -In . s � 4r I M fix it rat! yy 1V cr < I Icn, . w air 'vim �Fl 117 top, P i RE* act I I&V Z-11 1 'cl Dryl Ok9k SSY9 TAI 7xy - I $ V,C; q St. T*C wt M kid I 6,o • CIO' P.9 Nk a4t Q tot SR',, Lt. sr G Ott FFI irn to r, -9,n 1r. Olkk CCS Inn re . 0 . va ck ICA tm All OL IN, � T��};err `Y� ,555♦♦♦♦{S�r - y{�_ R A, r ��/`, �L jJ _ , i� .�' r' .� `.Asp �..• F.yI'� _:,,. + y,`{J• ^'� .�y:.'' . _. 1 . pp . rit''�.�� C ..+�'� - I. IZr . t- '� �I - '1 ` 5 � 1 - . •� ''C-�,, � w �' L j'r s •� i� 1 1' 7' �[' I-.5• ,ti�.5y �y •r �!��s' ` , J � + •J ter[ dl 'R' f n �s ' �`� J{ � ta, �Fr�� �t•� - ,�T.-.:Y 9,St•' �_ 'till y ,�, . • �" _''£`•�':. 4,; �s• �- f r�V �, rri.. `'�.�, ,�.1 if ��. Y,� ' . ,t„r•�4,1 ; �'�:r- � - - 14 LIM Nil 3 � I, � fr 1 f I. iyr - � , •• ' L A 4. • � T JR r 1 ti. r r_Fy f •� I ,. �r l` f! - ._ r_-• �li-.J'�jj��' - •.F WAATCXk7YXPARrNEHr0Ff/EAL rA1 P. a BOX i4w/RALE1lK NCM4TN C4FKX VA % CHAIN OF CUSTODY RECORD PR ECT NAME NO. OF CON - TAINERS CL REMARKS SAMPLE Sig atu j DATE TIME 'a' U SAMPLE IDENTITY 3 wSao ✓dh � d F'• m R quis/hed by: 1 Date / Tlme Rec'd for Laboratory by: (sov4w) DateMme Remarks r SAMPLE ANALYSIS Date Parameter Analyzed Results BOD (mg/L) TSS (mg/L) Coliform, fec olonies/100ml) mmonia ) Oz+NO3 (m WL) N (mg N/L) COD (m g/L) �Ptal (mg P/L) Fluoride (mg F/L) pH Low boiling hydrocarbons Trihalomethanes on back LAB. NUMBER S 75� Date -11- _ .I cr 0a • Arsenic (mg/L) Barium (mg/L) Cadmium (mg/L) Chromium (mg/L) Lead (mg/L) Mercury (mg/L) Selenium (mg1L) Silver (mg/L) Pesticides Herbicides VOC 0.002 2.0 0.02 0.05 0.003 0.0002 0.005 0.04 on back on back on back Report Submitted: 3002.=--12rM3 y F WARECOU9V7YVEPAAT,I MT0Fh1FALT# P. a BOX 11 WMALCOK AORTH GVIOLM VU2"M �} [� � CHAIN OF CUSTODY RECORD PROJ T NAME jV 0 NO. r N i m s o , SAM ERS: ( igna OF g S COW d TAINERS DATE TIME SAMPLE IDENTITY REMARKS s - .lit. nquis Date / Time Rec'd for Laboratory by: rsiym—) DateMme Remarks I —lift) SAMPLE ANALYSIS Date Parameter Anabaed Results BOO (mg/L) TSS (mgtL) Conform colonies/100mi) iN onia g"N/L) +NO g NIL} (mg N/L) COD (mg/L osphorus, Total (mg P/L) Fluoride (mg F/L) pH Low boiling hydrocarbons Trihalomethanes r !r �y 5- y5 on back LAB. NUMBER �2 Date Parameter Analyzed Results D.L. Arsenic (mg/L) Barium (mg/L) Cadmium (mg/L) Chromium (mg/L) Lead (mg/L) Mercury (mg/L) Selenium (mg/L) Silver (mg/L) Pesticides Herbicides VOC 0.002 2.0 0.02 0.05 0.003 0.0002 0.005 0.04 on back on back on back Report Submitted: e - ? By: 3002.020 — 12120/93 OCT .2 31996 Pictures HNR R EI H REGIONAL OFFICE s*krew--th location of the man-made conveyance. Also, the photos show wastewater and solids from the lagoon discharging through the trench that was cut with a back -hoe, 1 in" 1IW r t Photograph 3# shows the confluence of the subject wastewater with the unnamed tributary to Middle Creek (Class - C NSW). R Page Two Mr. A. Preston Howard, Jr., P.F. May 17, 1995 I am interested in getting a plan to close out the facility and to clean up the problem. Yesterday, May 16, 1995, I met with Judy Garrett and Danny Smith in the Regional Office in Raleigh. I discussed your letter with them and outlined for them the same things that are enumerated in this letter. I have also met on the farm with Larry Petrovick who is with the Wake Soil and Water Conservation District relative to providing me with a plan to clean up the lagoon, and the environmental problem. As soon as this plan has been completed, a copy will be sent to you for your approval prior to the time that the work is done. In the meantime, I wish to advise that the trench in the lagoon has been stopped up and there is no further seepage coming through the dam and there is no further discharge from the lagoon. I have constructed diversion ditches around the lagoon so that no additional run off water will go into the lagoon that will cause a problem. In your letter, you want to know when the trench was dug in the lagoon and the length of time that it was in place. I do not know exactly since I was in Florida, but it was sometime after the middle of January, 1995 that the trench was dug in the dam and it was made deeper from time to time over a period of about six weeks. The trench in the lagoon was stopped up and the discharge was discontinued immediately on March 10 after notification by Mr. Danny Smith. Lime was also applied on any areas where any of the discharge had gone upon any adjacent lands at the direction of Danny Smith. In every instance I have tried to cooperate in this matter and I wish to advise that I will continue to do everything possible to aid you in connection with this. Very j�trruuly ours, -1[er- f C. W. Gelder Copy to: Ms. Judy Garrett Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 Mr. Larry Petrovick 4001-D Carya Drive Raleigh, NC 27610 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 Mr. C. W. Gelder 2853 SW Lakernont Place Palm City, FL 34990 'V 1� C)EHNF=1 April 27, 1995 Subject: LOSS OF DEEMED PERNff= STATUS NOTICE OF VIOLATION NOV 95-14 As Per 15A NCAC 2H .0217(a)(1) Gelder Hog Facility Wake County Dear Mr. Gelder. 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 wastewater from the operation to the waters of the State. On March 10, 1995, Danny Smith from the Raleigh Regional Office conducted a site inspection of the subject facility due to a citizen's complaint. Mr. Smith observed an illegal discharge of wastewater froin your lagoon flowing at an estimated rate of 4 gallons per minute to an unnamed tributary of Middle Creek (class C-NSW waters in the Neuse River basin). The cause of the discharge was a man-made trench which emptied the contents of the lagoon, some accumulated solids and storm event water from the lagoon. Mr. Smith contacted Mr. Clyde Marsh, who explained a trench had been dug into the lagoon berm by a backhoe in order to reduce the water level in the lagoon. This letter serves as 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. 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/ 100% post -consumer paper If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: I)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: 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 Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If you choose to close out this facility, you will also be required to submit a plan explaining how this will be accomplished. 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 non discharge permit from. the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. In addition to the receipt of your waste management plan, this office will require a written response to this Notice of Violation within 30 days of its receipt. Your response should discuss the elements of your waste management plan (including equipment, availability of land for waste application) and any repairs made to your facility. Your response must also specifically explain why the trenberm and was placed in the lagoon berand the length of time it was in place. Please send this correspondence to the attention of Judy Garrett at the Raleigh Regional Office, 3800 Barrett Drive, Suite 101, Raleigh, NC 27609. Please carefully address each of the aforementioned issues in your responses. These and other violations of North Carolina General Statutes may result in an assessment of civil penalties of up to $10, 000 per day. If -you have any questions concerning this matter, please do not hesitate to contact either Judy Garrett, Water Quality Supervisor for our Raleigh Regional Office at (919) 571- 4700 or Dianne Williams Wilburn of our Central Office staff at (919) 733-5083, ext. 232. Sincerely, A. Preston Howard, J E. cc: Judy Garrett - RRO Wake County Soil and Water Conservation District Wake County Health Department NC Division of Soil and Water Conservation Planning Branch Mr. Clyde Marsh • Ll ---------------------------- SOIL TEST REPORT PHONE. Tsfsl »saess AGRONOMIC DIVISION, N.C. DEPT. OF AGRICULTURE REPORT N!\ 33677. NOTE:03, 12 4300 NEEDY CREEK ROAD Solt pH is law in all samples. I would apply the recamended �R�73196 \` RALEIGN,N.C.77607.6455 COPIES SENT TO: agricultural lin wflell possible. I would use swine waste to X COUNTY E]TTmsiam mAECTOA SUpply va sumsud nutriwsts. TO: GEI.DER, CLARENC.E RT 1 BOX 176 DR CAMPBEI.L RPT W92I RALEIGH Mark CoMby. Agronam13t NORLINA NC 27563- LARRY PETROVICH RALEIGH FARM LOCATION (COUNTY►: • WARREN SERVING N.G. CITIZENS FOR OVER su YEARS FIELD INFORMATION >-w�-1 PPEYKMIS CROP +EIPFi,>.tn LwErr. _A KTEST RESULTS KIN- 0.6 :3.70- .2 20 8.2 r8L4.%8 08 l a7.+3" 1 3o.a sl 'ar "D :6 h173 �l IN�x SUGGESTED TREATMENT FOR FIRST CROP JOR YEAR '• SUGGESTED TREATMENT FOR SECOND CROP (OR YEAR CROP TO BE GRq%M UME ", .'0 1"TE CROP TO BE GRMrw LIM1,0 arILLET, PARL 0.5T�0-17110 0 0 3 Lla I X ,.' v "'"'FIELD INFORMATION r:r."; __ ,,..,. . - .., _... _ . -. TEST RESULTS'•='2" - - r'::d : _r• - car. aK� E PREvrous cROP .PPueouN>E '" EFXrr. usT 'ROP P S .11 roc 3.9 n+'E 70 k 1.2 PN w 5.5" 66+ Ka c.x Mp% 2D 8,2 8,8 MM aw 3 )t 08 173 356 O13 1L"W 0 SUGGESTED TREATMENT FOR FIRST CROP OR YEAR '• i SUGGESTED TREATMENT FOR SECOND CROP OR YEAR CROP 10 BE CROMN UME K UDANCRASS b.sT150-70 K P'o' 10 1 4 090-11a Lp o E b I o� fM a —TO { SEE ■£ GROwx N uw xaTE � � 12� X,119 P,0, 0 I Cu 2n ■ Yn SEE I KOTE FIELD INFORMATION - "- "'1' "'' - - TEST AESULTS - 9wYPLE IPREVM]US CROP •pPUFD 1-� EENi-LAsicROP e01L QA35. nisi, 'X■a% w.v cEc z-,!.,� ..-2 0:$ :06 3.4 as%086 65 :' ac 1.2 Px 5.5 w Na Ct% Ypt rK, LH Cw 20: ; -52 32.2 25.'1 66 086 134013 7,() SUGGESTED TREATMENT FOR FIRST CROP (OR YEAR)-' SUGGESTED TREATMENT FOR SECOND CROP OR YEAR C 000EGROWN III.ET, PEARL LIVE 0.5T' N P,O, K10 40-1$4 0 070-090 X1P 0 W I 2n i a 0 b IA. 0 �3 CROPTOOEGA_ Lu,E 1 x I 1� P,1, Ki0 Mp d In i FYi SEE ' _" FIELD. INFORMATION TEST RESULTS' S—ftE [MWOOS CROP APPUFA UIFE .ERi-uaT CROP SOM1 w% 0.8 wv .06 3.c4 66 px I - I _ .-L0861 1 65 6 34 ,. y 013 I,.. a K 0ri"I`N SUGGESTED TREATMENT FOR FIRST CROP OR YEAR •' l SUGGESTED TREATMENT FOR SECOND CROP (OR YEAR '• CROP To 6E GRONx LWE UDANGRASS 0.5T K 60-70 P,O, Ki0 0 30-050 XFF a 0 b tr I0 ■ Mn sEE cNOP TO KE GeOxN I uNE x 0 12 P,OS K�O W d >r ■ SEF -I=16 -' FIELD INFORMATION 4 "� ... ....,. ...."........ .. -. - I.. ._, , F TEST RESULTS ' ... „ .. ...,.. -. SANPLE PPFv101iS CROP uiO Cc } +8 07Sw9, ) W sl s5J Moill NN,II; w0-3 - .34 I. cr0.8 72 5 6K8EPP" 96 079 SUGGESTED TREATMENT FOR FIRST CROP OR YEAR it SUGGESTED TREATMENT FOR SECOND CROP OR YEAR cNOP To aE CNONm LWE N P,O, KiD Mq cu Zn B MII SEE I NOTE CROPFOaEGROM■ LNXE N r , KrD Mp Or Sn { Eln SEE NOTE ILLET, PEARL 0.3T 40-180 00-120 060�-080 4 0 0 ! I4 3 • ' TEST RESULTS (N.C. tests will not Compare directly to number% obtained by other"methods.� �i -TREATMENT, Ibsia unless specified ' SW Clm: EeM . MNw.I es.%. a.,. sPrN,Pnon, %pl CEC MP-%= IF•RNEaW,n % W CEC NO,N a NXrMe N, aytlI,N LILE_ T r lom.. M a ba=S000 !q-a K,O = PPwb- M = m 1000 •R R E■O = WNxMArGN_ Ae • AXydOr, RMR't00 aP' F■,-1= ■Erll�w MJPx .. NN,N a A■1mn N. mp tlm' N=xq,ogan.M=1E.�1000 W. R. EWe Wprca6m ORG.Orp� .I-P"•IhErOpM-M^ACNUIh NM-%. x.Xm,E MMLr, W,n,rt LL'rRL •. _ . w • R,wp{w,ur ■mra irfl=21rIC Y,ar W.S�P�.a4. °N91YO em' GW =Copps litivr P,O, - PnoaOrtMe. M = Ra, IM.R. s. C.. CPPFrr wn . w.qm pw vPNK,I.. Wur' - .. "'1 Na = Poy.alYM uqF= s-1: s,uaw 9urP ■lie: CEC=CM Errh C.p.m.e100a G%.C■I6W,n,%a10EC 5a•{=5 WI SM I„ieX $ Tesl Level is questionable. See supplemental material. READ SUPPLEMENTAL MATERIAL AND BACK OF REPORT FOR FURTHER DETAIL 0 YOUR SOIL TEST REPORT Each page of your report wig show me lest result and suggested iredlmenl tar the areas represer fled by as many as live sail samples. Other printed material enclosed with the report will Cori management information that will be hit l in implementing the suggested boatmen[, FIELD INFgRMATION !, Report NumC.r.- The evi number is Ihe•key ' number, at identlying soil test tar it. and sail samples within the laboratory, Refer to this -,umber ir, any correspondence Cr anone cakes coxes ring this report. SarrI Number Thus is the number which you assigned to the sample. Sample numbers will never he more than three digits. - Previous Cmo: This is the crop indicated on your -, information sheet as having preceded The Crop lot which you as,ed lor-,rtre antl mmezer treannenr, suggestions.:- " Previous Lime. AnelicauanTheses Three blocks snow the m0ntn, year and rate of time you suppeeo on the minrmavdn sheet - TEST RESULTS The rrst seven otoc&s under rest ,n Ils'czrlain factors used 'c c!asnty me sc*I arm !Mnrr-rro it ;tm! hurry much Lu x 5 needed Sod Class: This block mnicaies ire Class or kind of sail from which Cato sample as ;ucged to have been taken. The relative amount or aci0rty, ulfc cai by pH, that can be tolerated in mineral I21 soils is Jess than can be tolerated in organic (0RG1 sods _ and is somewhat intermediate in mrneraborganic IM- " . C) i iLq- Therefore. the sod class will "an con- siderabte influence on the amount of lime suggesed t. - - j- Hl IHumic Matter. c1100 cma?: This is a measure of [hat Pli of organiC Mal in the Soil which has decomposed to form com'aoori called hump and hill adft tt represents nib portion or -organic matter that is 'Glerrucaily reacavil H mic matter_is used indirectly for determining herbicide and time rates. WN fWeight per Volume. g'cril Pi roots grow in a volume unit of soil with I respect for the _ unit weight Therefore, all laboratory work is plane on selected volume measures at soil. Lille. from a practical slanOpotnr. Can be done to change this measure, grams per cubic centimeter. nut it is a good - indicator of Me texture of the sal. Vary sandy soils may weigh more than 1-50. sift and Clay laams near 1.00 and organics as Iitde as 0.40 gram'. Greenhouse media may weigh even less than organic sell rotative Comparison would be •.eater which weighs 1 g'cmt. Revised 15;84] CEC • Cation Exchange Capacityme.7 t00C,ri Clay acid slit tcom the mmeral porbcn and humus !ram Iha cirri portion Cl a sail exrkoi a complex of negoli'Je Charges which determine Its " capacity to hard and txc^amJe postnefy charged elemems Carted n :i ns. Those found in greatest guar:.! es are baslc or will react with acids to term oeut: ai salts. However, of equal importance are those _ lnat can crease ptcblems related to soft acidity. 'Theretore. this maaswe defines the spurs capacity :o _ hold basic cations Such as calcium• magnesium and poassium as well as hydrogen. aluminum, Iran and manganese..Tha standard measure is termed. m 9oauivaeres Imes 1 per t CO cubic Centimeters (emit 'of Tne CSG o: our Soils may range from a high Cl -0 or more in c!av arc organic soils to a linty of 2 or :ass . same sandy suits. A high CEC is desirable because leaching of tertiizer nutrients is less likely and•higher reserve quantr[res can be maintained thus assuring an adequate supply throughput the growing season. The CEC Is not a fixed value but will vary tram arse to time as the pH changes and as organic raker is added or decomposes I 95:'69as•• S_,{L :ion-`r; of CEC)- This value is :t•.e oorvon at Inv CEC Ina[ Is Opcupiea or Mimi ceoei onncupally calcium. magnesium and „otassrum. Sx urn- rnaoaaoese. zinc amp copper are airs rmowea nut are present in.acn small Cuaat:be. "i • they are outgo consequence m calculating this value. Base a=Irst ass these mat mill react with an acid to produce neutral salts. :F' The higher the base saturation the higher use plant nutrient supply and She less acidity present To ir.:eriwe with hurt growth. Ac - IAadnvrmep.:00pm•1: This is the quanti- Ai carbon CT Ina CEC Occupied by adi actors_ mcst1r, hydrogen and 3Tuminum, 7ho unit of measure is the same as trial used In the I aria is used to calculate the amount of lime needed. _ H Hvp,g,V. - ign ConCePtraluill pH is measure. in effect an intlex, of the active a0i in a sat! at an instant in time. Sail pH values range Irom arena 2 1n snout a on a scale of 0 to 14. It Is cant chan[N.O with addilions of lime and 'enirizer. the wealhe, aro Cunurat pri iCe5- Nutrient uptake by plans as well as doe degree of rotor damage ?rpm acid.. are. in general. related to pH. The remainder of the test values are related to the Level of plant nutrients found or other fertility measures- Those that can be related to clap peccuaton In a quantitative way are assigned an index value- Others are expressed as a percent of CEC or in quantitative terms As delined. The still nutrients which have been assigned an irdex value can, in gemeral. be COnsidered low it 25 or li medium if 2&50 and high d greater than 50. poi t?hpsMwrtL; IndexL This index reflects the level at P !cone in the soil. Values less than 100 are at concern in predicting the reed Tor fertilizer pnnstand us. Values grea:ar than 166 wilt be indicated as 166., 'll fPotassium (ndert' This value. like that for P. is an Index. However, in contrast to P, the index may exceed 166. Values greater than 100 generally are of little concern in. gauging the raze of potassium fertilh_er needed but the total quantity Contributes to the CEC and ES values. Cair_ (Calcium-% of CEC(: Calcium is an essential plant nutrent our because Co1Gum ie the primary ingradema Of limestone which is used to control acidly, it will seldom be tort enough in most sods to cause a deficlencyl Since calcium is usually present in large quartiets, it occupies a larger percentage of the CEC than does magnesium and potassium- Consequen:iy, the Calcium determination is ussenval in order to estaahsh the CEC as well As the relationship between calcium and the other nutrient callons- MJj—w. neshi kr of CECI: The magnesium [eye% is expressed as a percentage of the Cl The amount of magnesium found by Soil test relatre to the amount of calcium, potassium and the acia traction of the Cl inhuerites thelactual quentiry of magnesium needed, Therefore, the passible need for the inclusion of magnesium in liming materials Or rn the ipmhzer Is based on this relative Measure - Mr i IIIW920ese indesl This index is used in conjllnprOn with pH to etaluale the need for Mn aeplication on certain crops. The numbers in parentheses are flue Manganese availabiury indexes for the first and second crops. Additional informatwn regarding rates and methods of applicatit?n,may be included in the'NaW that accompanies your report. Zn-I ?Zinc Indexl This ndex is used to evaluate Zr. ham the standpoint of owing suttrciem or toxic, The levels which indrati sufficiency tar toxKily are not clear-cut for some crolis. Until these levels ale determined use information in the 'Notes- that accompany your report. CU-1 (Cooper Index$, This index is used to evaluate Cu from the standpoint of being satkisent or toxic. Like Zi the levels writh indicate sufficalincy, Or III are net dear_cut for some crops. Ural these levels are oeterriuriea use iitforrnahon in the -Notes' that accompany your report, 8-1 rSullate Sulfur trial This is a relauve measure of the form of sulfur available to plants. The test may to done On a Trmiled number OI samples However• an interpretation of the relative sufficiency generally requires more inlcrmahon about the soil than is available to us. Guidelines and suggestions. are offered in some of the -Notes accompanying I report. -t[Si Sail In A number (mho x 10- 7cm) will appear when the soil sample is from greenhouse. problem fields or other areas where damage from salt is suspected. A general interpreaWn will be included wah greenhouse reports. Other, situations must be evaluated on an individual basis. NO.N INiIrale Nmogenmo ani Greenhouse soils or growing mixtures will get thrs few. The test valuemilligrams per cubic decimeter tmgrdmi is a quantitative value based On a volume rattle[ itan a` weignt of soil. The number would on equivalent to parts per million (pli it the volume weigh: of the soil was 1-00 g'Cmr. If our tests are to be Compared Tc test results or specrlicauans based an actual pi convert Ine mg'dm' value to pi by dividing by foe W,V at the soil in question. NM,N (Ammonium Mrocen, mg Cmik. This lest will seldom oe performed out. for comparison with values based on weight. coserve the same preautions naeo tar Ine ntaaln values- Na (Sodium. meq100 cm This test will be done only to prpbtem s+bJalydris or til related to iesearCn- The value is in the same tents used in the CEC, No minimum values are or concern in plant nutrition but high levels can cause Iha, crumb stucture of the soil to break down arc! may seriously affect plant uptake of calcium- magiv stem and polassrum- . SUGGESTED TREATMENT The mformalmn you supplied 'wnh your samples Arid the Soil Test reSurts '.were used TO develop the suggested rates of lime rune hi ;ill These rates" apply to fre areas from wnx ;^,e samples were taken am snpato not be Corsiderea for a:ner areas or as generalized suggestions.----- -' LIME: Rates suggested ire emer tons par acre for large areas or in pounds per 1000 sq, 1. for small areas. A fate of one and ono na!t tons par acre wIjI appear as't.ST for large, areas and as 0:0M far small areas. FEa TILIZERr plant n•,,*,eni needs are _ denSitleree on an ,ndivicual oasis for held craps or others grown in large areas. The three IN. P 0, and Ki01 ;hat can goneratty be purchased in mixed anilaws are printed in ranges such as 0-30, 20-10. 80-100, etc. A mixed fertilizer ltat most nearly fits the N.P.I 0 ratio suggested. Slraigrit nulnent materials or any combination or ire two can be used. The others (Mg. Cu,. Zn. 8 ants Mir) are printed as r one number or, a nana'u ravage in terms of IbS..'a at the actual element. More oewilyd information concerning each crap or :he a iohCal+Ort of each element can generally be found in the Note indicated In ;he 'See Note- black, In greenhouse cul small tun areas and possible Other situations Le N- P,O; and I suggestions appoai as pounds el each per 1000 sq. It. For example- 2M in.:h F,C black means two pounds K O per 1000 Sit PIP Suggested treatment for pt:Ints around the name will appear as a number of pounds of a particular grade at mixed lenihzer per 1000 so. ft. For example. 10 lbs. 10-10-10 0r equivper t000 so. h. The'Note included with the report will contain more arailed intonation. SOIL TESTING PROVIDED BY I AGRONOMIC DIVISION SOIL TEST REPORT PHONE: (Brs) 723-2655 REPORT NO. 33672 AGRONOMIC DIVISION, N.C. DEFT. OF AGRICULTURE 4300 REEDY CREEK ROAD 0- 1/95 RALEIGH. N.C. 27607- 465 COPIES SENT TO: !! X COUNTY F17ENSION PIA6CTOA _ TO: M.DFR, CLAREACE RT 1 BOX 126 DR CAMPBELL RPT W921 RALEIGH NORLINA RC 27563- LARRY PETROVICH RALEIGH FARM LOCATION (COUNTY): WARREN FIELD INFORMATION _ - ^• .I TEST RESULTS ' ^' s �rc wrEv:ous e•°r .PPUE°ux[ i-.tisi exaP Fv;a. � xr-,� wY sax Ee Px' Pa.;; wi. msi :+4'►-. rw - >»a ew s+ ss+ xoaN xxr x. 1'""c' N .. �. ::n.� ae •;2cre. z.,-a- -': 0T9] xd rr. ,.a 5° ---3 Mlil 1.0 .34 2.9 T2 = 0.8 6.6 17.:" . fi8 1'.5, 0'8. 96 079 48 " 013 °' .0 SUGGESTED TREATMENT FOR FIRST CROP OR YEAR " SUGGESTED TREATMENT FOR SECOND CROP OR YEAR '• ip KGrrO,.M uxEF50 r50 xp w :. • rn wt rn°riosE.— 11xE N P,os yorqmbs �90-"i'lo �20-040 GRASS D.3D D 0 0 0 12 FIELD INFORMATION � ;'TEST RESULTS':"--e' - • -=1'a::'t'r. Gsv t' 'u^ sxNPFE exar aPPUEp L■IEr rExa-Ease exaP � r•Pr w.v p:e nxT Px .• wa r.°�F •- . MMala, rr- �rsEvrolrs tJ . �_.' ( , ' 71 Z13. x. is /,G1 h° AINa 5'4*SUGGESTED 5a � . . 8GP%Y� .5_-4 -�: TREATMENT FOR FIRST CROP OR YEAR •' SUGGESTED TREATMENT FOR SECOND CROP OR YEAR •' CROP TaY GR°MM IIYF x P,O, K,O Yp w an • Ixr SEE xpTE CHOP TO SE Gr10wr. tNM N P,O, K,O rp m A ■ xn SEE MOTE NIL-LFT. PEARL. 0.3T 40•-180 �OO—IZO 40-060 0 0 0 0 3 FIELD INFORMATION TEST RESULTS•" " - - suive.E PxEv■ws e•oP APrLLp F1ME PExT. EUTcxoP saL - xwlc wY ., ece. - ws- Aa PM N K4 Cvf . F14 n+ C— E+ SH 10'• "'?' .Y � aws - _ � ^ .}..: � 071) --�I iylN�- 1.4' .18: 5'.4r 85,-- 0.8 5:T 16 68 8.3' 0°.5 74 071 68 013 .0 SUGGESTED TREATMENT FOR FIRST CROP OR YEAR) " SUGGESTED TREATMENT FOA SECOND CROP OR YEAR •' G10P i0 eE CROwx WEK, ..0 d L ■ M SEE xOTF C•D/TO ■F GROWK PP. K,O W m A ■ Yw 5� �L1DAN(iRAS.9 10.3TI50-,70 �00-"lo'20 10-0O30 0 0 0 0 l2 ..- FIELD INFORMATION -1-. TEST RESULTS.'. ' -�„�•c c.�.w a CxaP .rx.ua. Ep aRaEi FvEan°i.. usTR �l aaFC- ■S�%' as ►.�L u— Ye a'!I lf ,�-.m_FawJ ya pks-+ W;,-^ - �lznm. -. I■r.[w°us r. i.a ASS -L �P'x r" 'i1i Y —CH-.L7 l 4,3b4 � _ ..i"• �i p-.:o "�° �'i[`C)•• Jwry }, wx,-w:1 ik Yr' .r n .-. T r•a P2..iJ _°n- fT SUGGESTED TREATMENT FOR FIRST CROP OR YEAR '• SUGGESTED TREATMENT FOR SECOND CROP OR YEAR •• TO ■{Gxgwx LYE X P,OF K,O Fr■ w Fn a Ya SEE Cwr TO ■E •R°wx al..F M P,O, Kra xp m G • .Y s[[ MOTE MOi[ FIELD INFORMATION --� _ - -_ - - - - "_ d-s1E; TEST RESULTS - - '.%- car:_' ` •_' - r.'+� - H..PIE PxEYKRR GNOP •PPLEY L■.E -EAT. LasT GPOP ■pl p.a!■ 1 HI[Y t,.. - wY .... c E^. r. _. - •a% ..: � •Zc 4 W ': Pe •.; '- 1N. O\:- i P: :_F�a..•.014 (hr-. 24 ESI' 1q,w_ YXN• •ti r- a.a PRO. r}P SUGGESTED TREATMENT FOR FIRST CROP OR YEAR " SUGGESTED TREATMENT FOR SECOND CROPOR YEAR " TY CRO/GROY.M N ,r yL SEE Ow ,. ,O NpmOY A: ■ ra s" .K aE MTE ' TEST RESULTS (N.C. tes4 Kill not compare du•ctly to numbers abtaEnW bji °ttxr methods.) _.. �.__. ri., •• TREATMENT, IM1■ unless specified Sa■pea: ■aaa seeRmn %WCEC Mal. M■prwk, %a1 CEC MM.rrM■hx,■rpd,0 LYE: T..Prua, Y.een00a.,l K,0. Pa1uh.Y=■wnWoayR za.Lrrc YQ.W Mksw+ie Aas Acln,x JW.axr MM.Flaxparraaa ■raa. ...• ' M.N .Anae:pxYw K P,a� NPr.Or N=xxlm 6W= 010arw•r.Pa a gw[pMn:w Inb. NFF%. 4aNMlatM., Fe[ rRJ 7w cr4 a Cap- ■rtl..M N• ■ sa•MnK mq.•"'1.W. wr.r PaTpMop1YYY..lMU.,MOWI1E00.W .. q. R 4■1ror aa CYaappprr .•Wm r:D"e ,.w.yxPwv.em,pwKa.Ppkm Ma. . S4. sraw r +ax CEC.CmE-0-c-p-mplWc'o c %-cak m4%ofcEc 5S4.4aYas.Mbm. $ Test Level is questionable. See supplemental material. READ SUPPLEMENTAL MATERIAL AND BACK OF REPORT FOR FURTHER DETAIL YOUR SOIL TEST REPORT Each page of your report will Shaw the test results and suggested treatment tot the areas represemed by as many as live soil samples. Other printed material enclosed with The report will contain management information that will be helpful in implementing the suggested treatment. FIELD INFORMATION Remit Number.- The report number is the key number of idamilying soil test results and scii samples within the laboratory. meter to this number in any correspondence or phone calls concerning this repon. Sample Number, This is the number which you assigned to the sample. Sample numbers wig never be more than three digits. Previous Crao: This is the crop indurated an your information sheet as having preceded the Crop tot which you aSkeo for lime and fendize/ treatment suggestions.: Previous JJme_Apphcatlonn' These three blocks show the month, year and rare of lime you supplied on the information sheet, TEST RESULTS 1 Thiftirst [Pupa hlf1f45 finger lest result, c^n:alit factors used to classdv the soil and determine 4 and how much lime is needed, Soil Class This block indicates the class or hind of soil from which each sample was judged to have been Laken. The nelatwe amount at acidity. indicated by pH. that can be tolerated in mineral (MIN) sods is less than Can be tolerated in organic (ORG) soils and is somewhat intermediate in mineral -organic IM- O} soils. Therefore, the soil Class will exen can. siderable influence on the amount of Line suggested. HM- e,HumiC Matter. clN00 cros : This is a measure at that portion of organic mailer in the soil which has decomposed la form compounds called hurnic and lulvic acids- It represents the portion of ongamc matter that is -chemically reactive-. Humic matter is used indireWy for determining herbicide and lime rates. WfV (Weight per Volume. olcm'Z Plant roots grew in a volume unit of sod with little respect for the unit weight. Therefore. all laboratory work is done on selected volume measures of sod. Little. from a practical standpoint, can be done to change this measure. grams per cubic centimeter, out if is a goon indicator of the texture o1 the sod. Very sandy sdds may weigh more than 1-50. sill and clay owns near 1.00 and organics as little as 0.40 glom'. Greenhouse media may weigh even ass than organic saila. A relative comparison would W wafer which weighs 1 g;cm'. Revised ("4) I I I F CEC - {Cation_ Exchange Cavacity-mec.I 100cm-1: Clay and sill from the mineral portion and humus from the organic portion ct a soil exhibits a complex of negative charges which determine its capacity to hold and exchange positively charged - eiememe called canons. Those found in greatest quantities are basic or will react with acres to farm neutral Sal However, of equal importance are those that can create problems related to soil acidity. Therefore. this measure defines the soil's capaaty 10 hold basic cations such as calcium, magnesium and potassium as with as hydrogen, aluminum, Lien and manganese. The standard measure is termed milfequivalents (meal.) per 100 cubic centimeters (CMJ Of Sell. TheCEC at our soils may range from a high a1 =0 or more in clay and organic sills to a low of 2 or less in same sandy soils- A nigh CEC is desirable because leaching of fertilizer nutrients is less likely and hghef reserve quantities can be maintained thus assuring an adequate supply throughout the growing season. The CEC is not a fixed value but will vary from time to time as the pH changes and as organic matter is added or decdmpasss. ' i i8ase Saturation -ale of CECV This value is the panren of the CEC that is occupied by nutrient cations. principally calcium. magnesium and potassium. Sodium. manganese. tint and copper are also involved but are present in such small quantities they are of little consequence m caculatintg thts value. Base tattoos are those that will react with an acid to produce neutral sags. The higher the base saturation the higher the plant nutrient supply and the less acidity present to interfere with plant growth. Ac - !Acidity-meti.000cmi): This is the quanti- lative portion of the CEC occupied by acidity factors, mostly hydrogen and aluminum. The unit of measure is the same as that used in the CEC and is used to calculate the amount of lime needed. PH - fHvdroaen - ion Concentrafianh pH is a measure. in effect an index, at the Wive acidity in a soil at an instant to time- Sill pH values range trap around 3 to about 8 on a scale at 0 to 14, It is constantly changing with additions of rime and fertilizer. the weather and cultural practices. Nutrient uptake by plants As well as the degree of root damage from all are. in generate related to pH. The remainder of the test values are related to the level of plant nutrients found Of Other fertility measures- Those that can be related to crop production In. a quantitative way are assigned an indent value. Others are expressed as a percent of CEC or in quantitative forms as defined. The soil nuirems which have been assigned an index value cal in general, he considered low it 25 or less, medium if 26-50 and high it greater than 50. R-1 IPhasphonm Inanxt, This index reflects the level at P found in the soil. Values less than 100 are at concern in predicting the need for fertilizer phosphorus. Values greater than 166 will be indicated as 166+. K-I fPoM55ya] fnrWxl. This value. like that for P. is an index. However. in Wntrost to P. the index may exceed 166- Values greater man t00 generally are of little concern in gauging the rate of potassium fertilizer needed but the total quantity contributes to the CEC and SS values- Ca- (Calcium-, of CECP Calcium is an essential plant nutrient but. because calcium is the primary ingredient of limestone which is used to control acil it will seldom be low enough In most sells to cause a deficiency. Since calcium is usually present in large quantities, it occupies a larger percentage of the CEC Yuan does magnesium and potassium. Consequently, the calcium detemdnation is essential in order to establish the CEC as well as the relationship between calcium and the other nutrient cations. i a-% Wacnesium-% of CEC(: The magnesium level is expressed as a percentage of the CEC. The amount of magnesium found by sill test relative to the amount of calcium, potassium and the acid fraction of the CEC influences the actual quantity of magnesium needed. Therefore. the possible need for the intausion of magnesium in liming materials or m the fertilizer is based on this relative measure. tiff. fmanganese Ind"', This index is used In conjunction win pH to evaluate the need for Mn application an certain crops. The numbers in parentheses are the Manganese avaifabill indexes lot the first and second crops. Additional inlomunk). regarding rates and methods Of application may be Included in the "Nord- that accompanies your report. Zn -I'Ll indi This index is used to evaluate Zn from the standpoint at being sufficient or toxic. The levels which indicate sufficiency or to:fcdy are not clearcut for some crops. Ur,:d these levels are determined use information m the "Notes" that accompany your report. CUT (Cooper Indexl: This index is used la evaluate Cu from the standpoint of being sufficient or toxic. Like Zn, the levels which indcate sufficency or toxicity are not dear -tot lot some crops. Until these Tevefs are determined use information in the -Notes' that accompany your report. S-1 iSuilate Sulfur Tria l: This is a relative measure of the to" of sulfur availade to plants- The test may be done on a limited number of samples. However. an interpretation of the relative sufficiency generally requires more information about the sod than is available to us. Guidelines and suggestions are offered in some of the -Notes' accompanying this report. SS -I (Snluoln Sift -_h IndeO, A number (mho x to' 'loin} will appear when me soil sample is from greenhouse. problem fields or other areas where damage from sail is suspected. A general finerpretahon will be included with greenhouse reports. Other sduabons must be evaluated on an indmdual basis. Ni (Nitrate Nitrogen. mgc l: Greenhouse sails or growing mixtures will get this test. The test value, milligrams oer cubic decimeter (mi is a quantitative value based on a volume rather than a weight of soil. The number would be equivalent to parts per million Ipom) it the volume weight of the Soil was i,00 gem', It our tests are to be compared to test results or speaticaaons based on actual ppm. convert the mg•dmx value to ppm by dividing by The WX of the soil in question. NH,N (Ammonium Nitrogen. mg dmi1: This test will seldom be periormed but. for comparison with values based an weight. ooserve the same precaubons noted for Ill nitrate values- No ISci u:n. meq•100 cm'l: This test -11 be done only m problem situatons a those related to researtJL t The value is in trip same terms used in the CEC. No mirvmum values are of concern in plant nutrition but high levels can cause the Crumb Saualure of the soil 10 freak down and may seriously affect plant uptake of talcum. magnesium and potassium. SUGGESTED TREATMENT The information you suppUee with your samples and file sod test results were used 10 develop the suggested rates 01 time and lerohzer. These rates apply to the areas from which the samples were taken and should nor be considered lot other areas Or as generalized aUggeatioila. r 17.rF. Rates suggested are either Tons per acre for large areas or in pounds per i W0 sal. rt. for small areas. A rate at one and one halt tons per acre will appear 33 1.5T for false areas and as 070M for small areas. Fr Loll IZER- Plant nutrient needs are considered on an individual basis for field crops or others grown in large areas. The three IN. P Os and K,01 trial can generally be purchased in mixed iendizers are printed in ranges such as 0-30. 20-40. 80-100. etc- A mimed lenflizer That most nearly tits the N-P,O,K.O ratio suggested. straight nutrient materials or airy combination of the two Can W used. The others (Mg- Out, Zn. B and Mnl are printed as one number or a narrow range in terms of Ibsia of the actual element. More detailed information concerning each crop or the apphcal of each element can generally be found in the Note indicated in the 'See Note' blork. In greenhouse culture, small turf areas and possible other situations the N. Q.O, and Kx0 suggestions appear as pounds of each per 1000 sal. IT For example- 2M in the K O block means two pounds K.O oer 1000 sq, h. Suggested treatment for ptants around the home will appear as a number of pounds at a particular grade of mixed fertilizer per 1000 sq. h. For example. 10 lbs. 10.10-10 or egurv. per to= sq. IT The -Noce' included with the report will comain more detailed information. SOIL TESTING PROVIDED By NCDA AGRONOMIC DIVISION r- 0 TO: Gelder, Clarence _ Rt. 1, Box 12G Nor Iina_ NC 27563 REPORT NO: unnq-)i COUNTY--waTrurN COPIES: WARREN CO. EXT. BIR. Charlie Tyson Soil Conservation Service Larry Petrovich WASTE ANALYSIS REPORT PLANT WASTE Q SOLUTION ADVISORY SECTION nDlmCadeloDepaureMdHgKuRve Agronomic Division , , ' SAMPLE INFORMATION s; : = �� _t-1 4o ;'-LABORATORY RESULTS ': f«4 k* t- SAMPLE ID DESCRIPTION WASTE OM . % N .% CODE .. �..4. - I-P % K •,% s y.. h - % Mp % S % F�PPM MniPM Z+'PPM } ._�i. ., L4+.PPY 6PPY �w' 110-PPM Na ••% -;e-': - �= p • % NI-PPN rt Ctl-PPIA PaPPM Is 7 6.. wine, Surf SC 3 4.50 2 .86 5:'08 0 '17 582 2.28' O .Z1 8571 4663' 1420' t117 0:00 ." r 0.07 `'A. - - = - NUTRIENTS AVAILABLE FOR FIRST CROP I lbs/Ton Y OTHER ELEMENTS "APPLICATION j,.= NITROGEN PIOI K+O CALCIUM MAGNESIUM Fe Mn Zn L. B Mo Na CI Ni Ctl Pb I :Uuu" 13,55 �D,CAS"1'r. 7.89 48.16 0.84 24.10 9.44 .94 0.28 0.59 0.05 0.00 U.1.9 NUTRIENTS AVAILABLE FOR FIRST CROP ( bs on I -. OTHER ELEMENTS r^APpLICATK]N NITROGEN PIG. KIO CALCIUM MAGNESIUM SULFUR F. Mn Zn L� JO06 B Me N. CI Ni Ctl Pb OICINCORP 12.24 60.20 1.06 30.12 i1.80 3.67 4.94 0.34 0.74 O.UO 0.3b ': ft •-SAMPLE INFORMATION 5 Z. <Fec ZLABORATORY RESULTS r y^;',W-- SAMPLE IO DFSCRIPTION WASTE CODE - % N % P - % K - % - Ca % Mp }}% S % FrPPM Stsff-- +'n Mn�PM 7n-PPM CIrP�PM &PPM - Mo-pPM Na • % Cr • % Ni-PPM CA-PPM 1�. PaPPM - - - I.�,4.. �.- S `3� � a � „-s2 � ate, :.a 7y"e+3• � ! I 1 , 7.} wine, Surf Scr _ 3 5::4'3 0 88. 2,16. 0.11' 2.:85 0.47_ 0T38 8945 56 M52. M. 0.00 1. � 0:04: NUTRIENTS AVAILABLE FOR FIRST CROP [ S/ brit OTHER ELEMENTS ;__­APPl1CJETIDN�� NITROGEN P'Os KIO CALCIUM SULFUR F. ZCu Mp N. CI Ni CO Po "FME' JMAGNESIUM ROAXASTf 3.20 .72 5.59 22.07 10. 25 U.10B U NUTRIENTS AVAILABLE FOR FIRST CROP I lbs/Ton I OTHER ELEMENTS APPLICATION }. NITROGEN PIOS KID CALCIUM MAGNESIUM SULFUR Fa Mn Zn Cu 9 Mo N. CI Ni Ctl Pb L• "ma's 1().31 lLIHCORP, 4,9G 33.71 0.90 39.42 3.20 2.59 12.9 0.24 O.la 0.00 0.2'1 :z1= = SAMPLE INFORMATION : _ : ' a x. - =i,Vt'uLABORATORY RESULTS SAMPLE DESCRIPTION WASTE OM - % N % P % K C• % 1119 -,%±r 8 % FrPPM� MnfPM hrPPM Cu-PPM a-PPM L%-Mw Na % CI % NFPPM Cd•PPM PbPPM - _ 10 CODE «. +. x r �Y%` x �� !!' --ri i�.4S- li 1y Z S :Ri�'a'`� �` trT •'1'2y '�• p. 5� - wine, Liquid 53 ���"=' 0.01 0.0r. 0:•02 0..01' O:OIti 0?O1T 9t c0.4' 17:5' O. A_ 0 32 _i' {� 0�01 NUTRIENTS AVAILABLE FOR FIRST CROP s at . 1 OTHER ELEMENTS .a _APPLICATION r . NITROGEN PIOI KO CALCIUM MAGNESIUM SULFUA Fa Mn Zn Cu B M. Na G Ni Cd Pb I I j IJOAT,ION - 0.40 1.43 1.50 0.63 0.G3 0.63 U.03 U.OU U.00 p.00 0.00 0.63 NUTRIENTS AVAILABLE FOR FIRST CROP OTHER ELEMENTS --APPLIGXN NITROGEN P,O, KO CALCIUM MAGNESIUM SULFUR Fa Mn Zn Cu B eea Na CI Ni Cd Pb �_,�METHOO �L.c ELEMENTAL CONCENTRATIONS- SeiEa -Dry 1Ma1phT Buie _ 2 h• = F..Il DIY Maerr ISokle • 1" .N-%.NIUUVen :.-.ti"'.Frppm.6on `• - NUTRIENT AVAXA9LrTY �; P-% � Plw�hwui v" Mn•pgn - Ntngrina'•3' '• NIItrNIIt avd.CNq cnvwr In datartlird MN [-%-Pwarium fv Zo-.ppm.Zhu i ;�-''_„- `.-Ca•%-CaleYrn Cn•pgn-CePPK I00% seew" Mwer var'd idkwlr ,�: :: `+•I? n+'.el.e�zariorl nft antl nurire ler.Ths npert„ &pPm-9amn .•�_" a . S•% . Suthc i '.9b-ppin + Mdybdwlun " pwAdw a'mb* rtlm.Wn of IluvMlt ava"ap b w aR trP. ot.p4 wId aaP��+ C�% . ChKaln. - 1 • N4ppm . rtkkal d . T�Na-% . SadMwn = Cadmlum.� ,Ilan ,�C6ypn . . - Pt>•Ppm � lead - .: - - .,r;+,_n.. •,yr .;_--.. "4m FORM AD fo Rep. III»2J Hark Gwenby AGRONOMIST M- Ride Ra.tl C.x P.O. So, 271147. R.I.Ip . N.C. 27011 49191 7334@55 Nutrients available for the first crop are ba:>1'e] it estimdles of mineralit;Ition rates and prclj+,c:Lad oss fat" thr-•.awplic.ation mL�Lhod listed. COnCeilt.rations UL Zilic dnd Otllrr metal:: dre nOt- XCes;iVP, The waste should not cause producLion or nvironmental problem; it utiii::ed ticcordiny to ecommended practices. Monitor nul,rient build-up yiLh n annual suil test. •+a y a t•I [ �jr �.,F'Y1 'i. '+.fs.HNr t y' ,', `J. ` _ (, �.� I, .f t 1 \ �'.R ~ s ��"�l�.,SSi i i4. � 4 �f _.' .. .• � -�, 4 _ y ` �� � '� ty;�f •rti:ir t�' "-� - ' v -r ffrL' ti _lyy�� +'� f•- '� .y yty,2r`�yY+Lcy� �- � � ♦ �,n}ar,l'ra�;�r ' r � J � � r t. '. :r,!.j.. L • ;t<�i� qi �y'g�a� �' ?'Arft i.-. r{, JL,rry r t+lr✓ �i� F . - `'••':;, +ia � •A3 M11�� y .n `•v� '�r.F�r'�r.1�a _ t ',f . i r '• ��� -i . ,..1 i"':, . , � : ,,y,'�•t ,.i. 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