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HomeMy WebLinkAbout140003_ENFORCEMENTS_20171231Water R esources ENVIRONMENTAL QUALITY August 5, 2016 CERTITIE1) MAIL 7015 1520 0003 5463 0547 RETURN RECE11'T RE UES'1'E ) Mr. John Looper 4695 Petra Mill Road Granite Falls, North Carolina 28630 Subject: NOTICE OF VIOLATION NOV-2016-11C-0387 Dear Mr. Looper: PA'!' NiCCRORY FO L El Governor DONALD R. VAN DIIR VAART Administrative Code 15A NCAC 2T, 1304 B.G. Looper & Sons/Wesley Facility No. 140003, Permit No. AWG 100000 COC# AWS 140003 Caldwell County Secretary S. JAY ZIMM13RMAN Director On July 28, 2016, staff of the NC Division of Water Resources (I)WR), Water Quality Regional Operations Section (WQROS), inspected the B.G, Looper & Sons swine farm and the permitted waste disposal system. We wish to thank You and Wesley Looper for assisting during the inspection. As a result of this inspection, YOU are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T. 1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG 100000 as follows: Violation I: Failure to apply animal waste at agronornic rates in accordance with your CAWMP and Condition 11. 4. of Swine Waste System Genera! Permit No, AWG 100000 which states... Land application rates shall be in accordance with the CAWMP. In no case shall land application rales exceed the agronomic rate of the nutrient of concern for the receiving crop. In addition, Condition 111.13.g. states in part... Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: An application of waste in excess of the limits set out in the CA WMP... On July 28, 2016 the records showed PAN over -application by 7 pounds on one field and by 2 pounds or less, on 3 fields. The Regional office was not notified. Required Corrective Action for Violation 1: In the future, animal waste must be applied at agronomic rates as specified in your CAWMP. In the future you must notify the Division of Water Resources of the occurrence of any reportable events in accordance with your permit. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Hwy.70 I Swannnnoa, North Carolina 28778 929 296 4500 Violation 2: Failure to conduct calibration of all waste application equipment in accordance with the Permit No. AWG 100000 Section 11.24. which states... All waste application equipment must be tested and calibrated at least once every two years. The results must be documented on forms provided by, or approved by, the Division. On July 28, 2016 the records review showed that the application equipment calibration was due by December 31, 2015 but was not conducted. Required Corrective Action for Violation 2: The calibration should be completed within 60 days of receipt of this notice. The link to the calibration Forms is as follows: http://t)ortal.ncdenr.or web/wq/aps/afo/report Click on Reporting Forms on the right, then the Reporting Forms Link for NC State University Calibration Method and Forms. The DWR requests that, in addition to the specified corrective action above, please submit the following item within 60 days of receipt of this Notice: A copy of the calibration records. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Enclosed you will find a copy of the inspection report with additional continents/observations (Inspection Summary Page 2.) If you have any questions concerning this Notice, please contact Beverly Price or me at (828)296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Christine Lawson, DWR Animal Operations Program GAWRIWQ\Ca1dwe11lCAF0s1B.G. Looper& Sons\AWS140003C1N0V-2016-PC-0387.docx M Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 140003 Facility Status: Active Permit AWS140003 ❑ Denied Access Inpsoction Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Caldwell Region: Asheville Date of Visit: 07/28/2016 Entry Time: 01:00 pm Ex It Time: 4:00 pm Incident # Farm Name: B.G. Looper and Sons I Wesley Looper Owner Email: Owner: John Looper Phone: 828-396-9102 Mailing Address: 4695 Petra Mill Rd Granite Falls NC 286308332 Physical Address: 4673 Petra Mill Rd Granite Falls NC 28630 Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: latitude: 35° 49' 12" Longitude: 81° 21' 31" From Hwy. 321 N just after crossing Catawba River [urn right on Grace Chapel Rd. Turn rt. on Rocky Mount Rd., then immedialely left on Petra Mill Rd. (SR 1704) Farm is located approx. 1 mile on left. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents M Other Issues Certified Operator; John B Looper Operator Certification Number: 17939 Secondary OlC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Wesley Looper Phone : 828-396-7567 On-site representative Wesley 3 Looper Phone : 828-396.9102 Primary Inspector: B verly Price Inspector Signature: &V 41 tq Secondary Inspector(s): Inspection Summary: Phone: Date: ML - - page: 1 Permit: AWS140003 Owner - Facility : John Looper Facility Number: 140003 Inspection Date: 07/28/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Question #7. There appeared to be inactive groundhog holes on the dam of SB#1 (2 holes), SB#2 (2 holes), Lagoon#1 (2 holes). An active groundhog hole was observed on the dam of Lagoon#2 - the groundhog should be removed and the hole should be filled in. There are 2 trees that a technical specialist/engineer should evaluate to determine if they should be removed. If the trees are better left alone, it should be noted and a letter indicating such should be kept with the WUP. Tree location: Poplar at NE corner of Lagoon #1; Oak on the toe of the dam of Lagoon#2. Question #11. PAN over by 7 pounds on 1 field; over by <2 pounds on 3 fields. Question #24. Equipment calibration was due by December 2015. Reminder: Soils Analysis - due by the end of 2016. Waste Analyses:411116 S134 N=8.45 Ib11000 gal.; L2 N=4.91 lb/1000 gal. 3125116 SB1 N=4.75, SB2 N=4.18, S133 N=6.85 L1 N=3.38 9119115 L2 N=3.42 11/20/15 L2 N=1.76 1219115 N=1.47, S133 N=9.08 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY :,fi Complete: . r,. North Carolina Department of Environmental Quality u L -j ^ ulw` cm Division of Water Resources ^ lvefl° ( to Nm ae)00.0 C. at of Delivery Water Quality Regional Operations Section w Ln I _. d' Swannanoa, North Carolina 28778 Few+.} , enter dei�ddress beir: p No John Looper _0 Certified Mail Fee Granite Falls, NC 281`630Ice nl Ii�I,LII'llllllll�ll!.I�Illlfll11111111�1'llll 1111 Extra Services & Fees (heck hpx, add res as ePpro>Pdale) - 1J IIII Cl Return Receipt 0.vdcopv) $ m © Return Receipt lei c k) S Postmark 0 C3 ❑Certified Nail Restricted OelNM $ Here C Q Adult Signature Required $ Adult Signature Restricted Delivery S E3 Postage IlJ $ Lin rq Total Postage and Fees � 5 John Looper s 4695 Petra Mill Road S ❑ Alun sjgrlatura �' ❑ Registered Adult Sig ❑ M`_u { Signature R fricted Delmn ❑ Registered Mall Restricted Deli Granite Falls, NC 28630 17_ 11'����'�11�1�1�11��'IIII�I�II I' t-•----------- ----------------- I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY :,fi Complete: . r,. North Carolina Department of Environmental Quality u L -j ^ ulw` cm Division of Water Resources ^ lvefl° ( to Nm ae)00.0 C. at of Delivery Water Quality Regional Operations Section w 2090 U.S. Highway 70 (yelWY address re tfrom item 12 yes Swannanoa, North Carolina 28778 Few+.} , enter dei�ddress beir: p No John Looper 4695 Petra Mill Road Granite Falls, NC 281`630Ice nl Ii�I,LII'llllllll�ll!.I�Illlfll11111111�1'llll 1111 lll� �II'I - 1J IIII ypat ' ❑ Priority Mall F f Malin ❑ Alun sjgrlatura �' ❑ Registered Adult Sig ❑ M`_u { Signature R fricted Delmn ❑ Registered Mall Restricted Deli 9590 9403 0672 5196 9598 95 �r`�tjf eded Mallsary a lRestricted Od MV n ecelpt for a Coltect on Delivery ise ❑ Collect on Delivery Restricted Delivery ❑ Signature Conflrma* n Iruumd Mail ❑ Signature Confirmation 2. Article Number {Transfer from service label) 7015 1520 0003 5463 'Mail Restdcted Delivery Restricted Delivery 0547 70 PS Form 3811, April 2015 PSN 7530-02-000-8053 RIdV ,�(o -Qom— 4T61 Domestic Return Receipt , page' 2 Permit: AWS 140003 Owner - Facility: John Looper Facility Number: 140003 Inspection Date: 07/28/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine . Swine - Farrow to Finish 260 249 Total Design Capacity: 260 Total SS LW: 368,420 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pit SETTLING BASIN #4 18.00 18.00 Waste Pond LAGOON #1 2300 34.00 Waste Pond LAGOON #2 19.00 49.00 Waste Pond SETTLING BASIN #1 19.00 43.00 Waste Pond SETTLING BASIN #2 20.00 32.00 Waste Pond SETTLING BASIN #3 page: 3 Permit: AWS140003 Owner - Facility : John Looper Facility Number: 140003 Inspection Date: 07/28/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream _irp cts Yes No Na No ❑ 0 ❑ ❑ 1. Is any discharge observed from any part of the operation? ❑ 0 ❑ ❑ Discharge originated at: ❑ Excessive Ponding? ❑ Structure ❑ 0 ❑ ❑ Application Field ❑ PAN? 0 Other ❑ 0 ❑ ❑ a. Was conveyance man-made? ❑ ❑ ® ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ® ❑ c. What is the estimated volume that reached waters of the State (gallons)? ❑ ❑ ❑ d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ® ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na Na ❑ 0 ❑ ❑ 4. Is storage capacity less than adequate? ❑ ■ ❑ ❑ If'yes, is waste level into structural freeboard? ❑ Excessive Ponding? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? ❑ PAN? 0 6. Are there structures on-site that are not properly addressed and/or managed through a ❑ 0 ❑ ❑ waste management or closure plan? ❑ Outside of acceptable crop window? ❑ 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ M ❑ ❑ maintenance or improvement? Waste Application Yes No Na No 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? M ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? 0 Is PAN > 10%110 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 4 �errnit: AWS140003 Owner - Facility: John Looper Facility Number: 140003 Inspection Date: 07/26/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No Na No Crop Type 1 Corn (Grain) Crop Type 2 Small Grain (Wheat, Barley, 0 ❑ Oats) Crop Type 3 Fescue (Hay, Pasture) Crop Type 4 Timothy, Orchard, & Rye Management Plan(CAWMP)? Grass Crop Type 5 Crop Type 6 ❑ Soil Type 1 Ccdorus S& Type 2 Hibriten very cobbly sandy ■ ❑ loam, 15 to 6 Soil Type 3 Hibriten very cobbly sandy loam, 8 to 15 Soil Type 4 Yes No Na No Soil Type 5 ❑ 0 ❑ ❑ Soil Type 6 ❑ 0 ❑ ❑ 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ ❑ ❑ Management Plan(CAWMP)? ❑ 15. Does the receiving crop and/or land application site need improvement? ❑ ■ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ■ ❑ ❑ determination? ❑ 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 16. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yes No Na No 19. DA the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 0 ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ ■ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? n Soil analysis? [❑ Waste Transfers? ❑ Weather code? ❑ page: 5 Permit: AWS140003 Owner - Facility : John Looper Facility Number: 140003 Inspection Date: 07/28/16 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Na Rainfall? ❑ ❑ ❑ Stocking? ❑ Crop yields? ❑ IN ❑ ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ ■ ❑ ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ ® ❑ (NPDES only)? ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ 0 ❑ ❑ Failure to develop a POA for sludge levels ❑ Non-compliant sludge levels in any lagoon ❑ 0 ❑ ❑ List structure(s) and date of first survey indicating non-compliance: ❑ ■ ❑ ❑ 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ® ❑ Other Issues Yes No Na No 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ IN ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ■ ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? [❑ ■ ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon 1 Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAWM P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ 0 ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ ■ ❑ ❑ page: 6 Ari"AA NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. 5uTirts Governor Director June 24, 2010 CERTI[HrA) MAIL 7009 1680 0000 7514 7638 RETURN RECEIPT REQUESTED Mr. John Looper 4695 Petra Mill Road Granite halls, North Carolina 28630 Natural Resources Subject: NOTICE OF VIOLATION NOV-2010-PC-0709 Administrative Code 15A NCAC 2T.1304 B.G. Looper & Sons Facility No. 140003, Permit No. AWS 140003 Caldwell County Dear Mr. Looper, FIL [- c0ii Dee Freeman Secretary On June 10, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the 13.G. Looper & Sons Swine Farm and the permitted waste disposal system. We wish to thank you, Wesley and Dixie for assisting during the inspection. Asa result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T. 1304, you have been found to be in violation of your permit as follows: Failure to conduct calibration of all waste application equipment in accordance with the Permit No. AWG200000 Section 11. 24. which states ... All waste application equipment must be tested and calibrated once in the first two years after issuance of the COC and then at least once every two years thereafter. On June 10, 2010 the records review showed that the application equipment had not been calibrated since 2005. Required Corrective Action for Violation: The calibration should be completed within 30 days of receipt of this notice. AQUIFER PROTECTION SECTION — Asheviile Regional Office (ARO) 2090 U.S. 70 Highway, Swannanca, NC 28778-8211 Phone: 82B-296.45001 FAX : 828-299-7043 Customer Service: 1-677-623-6748 Internet: w". ri Liality, orq An Equal Opportunity V Affirmative Action Employer One N oi-tli Caro I i iia Naturally Mr. Looper June 24, 2010 Page 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following item on or before August 1, 2010: 1. A copy of the calibration records. You are required to take any necessary action to correct the above violation and to provide a written response to this Notice within 30days of receipt. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Enclosed you will find a copy of the inspection report with additional comments/observations (Inspection Summary Page 2.) If you have any questions concerning this Notice, please contact Beverly Price or me at (828)296-4500. Sincerely, G. Landon Davidson, L.G. Aquifer Protection Section, Regional Supervisor cc: ARO APS Files Keith Larick, AFS Animal Feeding Operations Unit APS Central Files J0 Beverly Eaves Perdue Governor A NCDENR North Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director June 24, 2010 Wesley Looper John Looper B.G. Looper & Sons 4695 Petra Mill Road Granite Falls, NC 28630 Subject: Notice of Deficiency B.G. Looper & Sons Facility #140003 Caldwell County Dear Mr. Looper; • Natural Resources Dee Freeman Secretary During the Fall or Winter of 2009-2010, a representative of your animal operation informed the Division of Water Quality (DWQ) Asheville Regional Office that there was inadequate freeboard in the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section Ill, No. 13) states that the ''Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the,.. failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in..,this General Permit." We appreciate the fact that you reported the problem of high waste level as required by your permit and have worked with our staff to manage the problem once it occurred, While we recognize the extraordinary weather conditions existing at the time, the lack of adequate freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ. The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems have all been factors in our decision regarding enforcement. Upon review and consideration of the information submitted and/or discussed with DWQ staff, the Asheville Regional Office has determined that a Notice of Deficiency (NOD) is appropriate and that no further compliancelenforcement actions will be taken by the Division for the high waste levels occurring between October 2009 and March 2010, AQUIFER PROTECTION SECTION — Ashevlllo Regional Office (ARO) 2090 U.S. 70 Highway, Swannanoa, NC 28778.8211 Phone: 828-296.45001 FAX: 828.299-7043 Customer Service: 1-877623.6748 lnterriet: www,ncwaterqua4V.0rtt An Equal 0ppor1tinity\Alfirrn9UYA Acticn Empinynr One Not-thCat-olhia Mr. Looper June 24, 2010 Page 2 C N In the future, please continue to evaluate ways to maintain freeboard levels in the required range. This may include, but is not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation. If you have any questions regarding this letter, please do not hesitate to contact the Asheville Regional Office at (828) 2964500. Sincerely, G. Landon Davidson, L.G. Aquifer Protection Section, Regional Supervisor CC: ARO APS File Keith Larick, APS -Animal Feeding Operations Unit APS Central Files ffI U.S. Posta = ervice CERTt IED MA1L REC91 PM (Domestic !i rail Only No Insurance Coverage to � or delivery Information vlslt our website at wvrw.usps.com � o a ¢ 0z ❑❑ �❑❑ pp � M G0N 0 Lh z 9!t:g i U'0�pp� m EppRl7 i I� v m U ❑X❑ o 4+i m M C` Ln C3 0 tY Q v C3 43 ..n r-4 Er 17 E3 Iti 2 CV F'+ S .14 �Jl Postage C,ertlfied Fee C3 Retum Receipt Fee 0 (Endorsement Required) O 9 Postmark �+ Here (ro © RestdoWl Del/"Fee (Endomomont Roqulredj 9 1 Toted Frontage a Feoa $ [� r -i Sent TO Q^ Mr. John B. Looper © C3 .. B.G. LOO er & Song ..................•... ...... P b`frget, .dpt %70.:.........., or Po Box Na. 4695 Petra Mill Road .......Granite Falls, NC 28630 •---•--•--•--•-------- stare, zlws 6!•1' fit m Haim, 6 11" 'o AN'% Mere Gt1S1C�Yd Q>p � o a ¢ 0z ❑❑ �❑❑ pp � M G0N 0 Lh z 9!t:g i U'0�pp� m EppRl7 i I� v m U ❑X❑ o 4+i m M C` Ln C3 0 tY Q v C3 43 ..n r-4 Er 17 E3 Iti 2 CV F'+ S .14 50, E Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 140003 Facility Status: active _ Permit: AWS140QQ2 _ ❑ Denied Access Inspection Type: C_(�rrpliance n5pectig4 Inactive or Closed Date: Reason for Visit: f Bonne County: Caldwell Region: Asheville Date of Visit: GUI012010 _ Entry Time: 09:00 AM Exit Time: 40:00 AM Incident #: Farm Name: P.G. Loope[ and Sons 1 Wesley, Looper Owner Email: Owner: Phone: 828-396-9102 Mailing Address: _469 -5 -Petra -Mil Rd - _ Granite Falls NC 286308332 Physical Address: 4673 Petra Mill Rd , Granite_F-ally NC_28630. Facility Status: ❑ Compliant M Not Compliant Integrator: Location of Farm: Latitude: 35°49'12" Longitude: 61"21'31" From Hwy. 321 N just after crossing Catawba River turn right on Grace Chapel Rd. Turn rt. on Rocky Mount Rd., then immediately left on Petra Mill Rd. (SR 1704) Farm is located approx. 1 mile on left. Question Areas: Discharges & Stream Impacts Waste Collection & Treatment Waste Application Records and Documents Other Issues Certified Operator: John B Looper Operator Certification Number: 17939 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Wesley Looper Phone: 828-396-7567 On-site representative Wesley Looper Phone: 828-396-7567 Primary Inspector: Beverly Price Phone: Inspector Signature:"` /')4� Date: t' �' I < <' Secondary Inspector(s): Page: 1 0 0 . Permit: AWS140003 Owner - Facility: John Looper Facility Number: 140003 Inspection Data: 06/1012010 Inspection Type: Compliance Inspection Reason for Visit: Routine Inspection Summary: #7. 2 groundhog holes on dam of lagoon #1; 1 groundhog hole on dam of lagoon #2. Both appear to be active. #11. Some fields showed over application of PAN but not more than 10 lbs. #14. No longer growing tobacco. #21. Stocking records need to be updated - documented through 6109. Waste Analyses: 4129110 ALS SBI N=101b/1000 gal. 2118/10 ALS 1-1 N=1.9 Ib11000 gal.; SB -3 ALS N=6.1 1120110 ALS L2 N=2.5 Ib11000 gal. 9123109 SB3 ASW N=5.0 Ib11000 gal.; L1 N=1.6 9129109 SB3 ASW N=5.0 Ib11000 gal.; L1 N=1.6 #24. Calibration is overdue 28. High freeboard was reported in 1128110. Notice of Deficiency will be issued for high freeboard. Notice of Violation will be issued for overdue calibration. Page: 2 I J Permit: AWS140003 Inspection Date: 06110/2010 0 Owner - Facility: John Looper Inspection Typo: Compliance Inspection Facility Number : 140003 Reason for Visit: Routine Regulated Operations Design Capacity Current Population Swine Swine - Farrow to Finish 260 250 Total Design Capacity: 260 Total SSLW: 368,420 Waste Structures Typo Identifier Closed Date Start Date Designed Freeboard Observed Frooboard Waste Pit SETTLING BASIN #4 18.00 18.00 rite Pond LAGOON #1 23.00 41.00 asto Pond LAGOON #2 19.00 37.00 Waste Pond SETTLING BASIN #1 19.00 48.00 Waste Pond SETTLING BASIN #2 20.00 39.00 Waste Pond SETTLING BASIN #3 Page: 3 Permit: AWS140003 Owner -Facility: John Looper Facility Number; 140003 Inspection Date: 06110/2010 Inspection Type; Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ ❑ ❑ ❑ Discharge originated at Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) 0000 c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ❑ ❑ 2. is there evidence of a past discharge from any part of the operation? ❑ ❑ ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a ❑ 000 discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ❑ ❑ ❑ Cl If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe ❑ ❑ ❑ ❑ erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ 000 or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ Cl 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ❑ ❑ ❑ dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ❑ Cl ❑ improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or ❑ ❑ ❑ ❑ improvement? 11. Is there evidence of incorrect application? ❑ ❑ Cl ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ Page: 4 0 0 Permit: AWS140003 Owner • Facility: John Looper Inspection Date: 06/10/2010 Inspection Typo: Compliance Inspection Facility Number : 140003 Reason for Visit: Rouline Waste Application Yes No NA NE PAN? ■ Is PAN > 10%110 lbs.? ❑ Total P205? ❑ Failure to incorporate manurelsludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Corn (Grain) Crop Type 2 Small Grain (Wheat, Barley, Oats) Crop Type 3 Fescue (Flay, Pasture) Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Appling sandy loam, 2 to 8% slopes Soil Type 2 Appling sandy loam, 8 to 15% slopes Soil Type 3 Cecil sandy loam, 2 to 8% slopes, eroded Soil Type 4 Cecil sandy loam, 8 to 15% slopes, erode Soil Type 5 Chewacla loam, occasionally flooded Soil Type 6 Hibriten very cobbly sandy loam, 15 to 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management ■ ❑ ❑ ❑ Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ■ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ■ ❑ ❑ 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ■ ❑ ❑ 20. Does the facility fail to have ail components of the CAWMP readily available? ❑ ■ ❑ ❑ Page: 5 Permit: AWS140003 Owner - Facility: John Looper Inspection Date: 06110/2010 Inspection Type: Compliance Inspection Records and Documents Facility Number : 140003 Reason for Visit: Routine If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Other? ❑ 21. Does record keeping need improvement? ❑ 000 If yes, check the appropriate box below. Waste Application? ❑ 120 Minute inspections? ❑ Weather code? ❑ Weekly Freeboard? ❑ Transfers? ❑ Rainfall? ❑ Inspections after > 1 inch rainfall & monthly? ❑ Waste Analysis? ❑ Annual soil analysis? ❑ Crop yields? ❑ Stocking? ❑ Annual Certification Form (NPDES only)? ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 000 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? ❑ ❑ ❑ ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ❑ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ ❑ ❑ 26. Did the facility fail to have an actively certified operator in charge? ❑ ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ ❑ Other Issues Yes No NA NE 28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ❑ ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ❑ Cl ❑ mortality rates that exceed normal rates? Page: 6 Permit: AWS140003 Owner - Facility: John Looper Facility Number : 140003 Inspection Date: 06110/2010 Inspection Type: Compliance Inspection Reason for Visit: Routine Other Issues Yes No NA NE 30, At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ ❑ Quality representative immediately. 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ■ ❑ ❑ 32. Did Reviewer/inspector fail to discuss review/inspection with on-site representative? ❑ ■ ❑ ❑ 33. Does facility require a follow-up visit by same agency? ❑ ■ ❑ ❑ Page: 7 A • i n.w.evJ.[y�.-rw �n +9 Y1+- November 5, 2004 . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department or Environmew and Natural Resources Aquifer Protection Section CERTIFIED MAIL 7003 1680 0002 1293 6558 RETURN RECEIPT REQUESTED Mr. John B. Looper B.G. Looper & Sons 4695 Petra Mill Road Granite Falls, North Carolina 28630 Subject: NOTICE OF VIOLATION Compliance Inspection B.G. Looper & Sons Facility No. 14-3 Caldwell County Dear Mr. Looper: Alan W. Klimek, 11,1:. Director Division of Watcr Qualily On November 4, 2004, Bev Price of the Division of Water Quality's Asheville Regional Office conducted a routine compliance inspection of the waste handling system for the B.G. Looper & Sons Farm. Although the waste handling system appeared to be in excellent condition, the record keeping system needs improvement. The waste pond freeboard levels are not being recorded. This is a violation of the General Permit, The waste levels should be recorded on a weekly basis. Please respond to this office within 15 days of receipt of this notice indicating what measures you have taken to address this violation. If you have any questions concerning this matter, please do not hesitate to contact Ms. Bev Price at (828) 296- 4500. Sincerely, G. Landon Davidson, P.G. Regional Aquifer Protection Supervisor Enclosure cc: Caldwell County - NRCS 120 Hospital Ave., NE Lenoir, NC 28645 Aquifer Protection Section Central Files Aquifer Protection Section Asheville Regional Office Files Ont Nol:thCarolina Atikrn!!r/ North Carolina Division of Water Qualily — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 290-4500 Aquifer Protection Section FAX (628)299-7043 Customer Service 1.877-623-6748 Internet: h2o.encstate.nc.us An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X- a-Xgent ■ Print your name and address gft.the reverse ❑ Addressee so that we can return the card toryou.= --� B, ceived by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiec6,: or on the front if space permit$. -'� — ✓L/ % _ _� Postage $ delivery address different from item 1? - if VES, enter delivery address below: ❑ Yes ❑ No Certified Fee Ratum Ret:fept Fee {Endorsement Required) Postmark I Delivery Fee Hera ' 10 (Endorsement Required) I . .Q Granite Fail.^,• NC ?Bt;";rl :y (7) t-7 Total Postage & Foes $ Q� rn _ _ Certified Mail ❑ Express Mail Registered 14 Return Receipt for Merchandise OFantpi, r 4. R trlcted Delivery? (Extra Fee) C3 Yes i'i!o -----' No, Bx 4695 Petra Mitl Read -.---_-- (Transfer from service label) e, Z%4 Gr'•rnite Falls, NC 28630 PS Form 3811, February 2004 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X- a-Xgent ■ Print your name and address gft.the reverse ❑ Addressee so that we can return the card toryou.= --� B, ceived by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiec6,: or on the front if space permit$. -'� — ✓L/ % _ _� , 1. Article Addressed to: delivery address different from item 1? - if VES, enter delivery address below: ❑ Yes ❑ No Mr. Juhrr B, Loopt•r oG9, Prir,r.Rlln Rn,:d I . Granite Fail.^,• NC ?Bt;";rl :y (7) 3� rvice Type L _ _ Certified Mail ❑ Express Mail Registered 14 Return Receipt for Merchandise Insured Mail ❑ C.O.D. r 4. R trlcted Delivery? (Extra Fee) C3 Yes 2. Article Number - 7003 1680 0002 1293 6558 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02 -WW U .,,; N Type of Visit O+ Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance Reason for Visit) Routine O Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access L:17acility Number 14 3 Ualc nl' Visit; t ]/4/2004 'I'inie: 8:55am _.� �...�.� tT Not O erational 0 Below 'Threshold ® Permitled ® Certified © Conditionally Certilled 0 Registered Date Last Operated oI• Above 'Threshold : .................. Farm Name:,.0i,..�ra.RR�r..alxtl..Saias.L.�'t sle�' ctQR.Gx............................................ Counl�': CAWY-01........... ................................ ARS?............ Owner Name: ,to.hn.. c.13u.c#t:,�S.�1.'es1t;�: 1..ctp.pct........................................................ Phone No: $2-3�b.:3. G.7...4r..�2. - ��-2.1.��....................... ;flailing Address: 4695.P.Q1rat.h1i11.Rtt!td........................................................................ ............................................... 2%3.0 .............. Facility, Contact:..............................................................................'I'ille:................................................................ Phone No: ................................................... OnsiteRepresentative: ........................................................................................................... Integrator:...................................................................................... Certified Operator:j.ujjn.B.................................... 7 p .... Operator Certification Number:,1.79.39............................. Lineation of Farm: Petra Mill Rd. and Ichard Dain Rd. Intersection -Grace Chapel Community. JL ® Swine []Poultry ❑ Cattle [:]Horse Latitude 35 •r 49 : 12 Longitude S1 • 21 3I Design Current . Design Current Design Current Swine capacity population Poultry . Capacity population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer I I Dairy ❑ Feeder to Finish 10 Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ® Farrow to Finish 260 1 260 1 Total Design Capacity 260 ❑ Gilts Total SSLW 368,420 ❑ Boars Discharp-es S Stream Impacls 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance ratan -made? b. Il'discharge is observed, did it reach Water ofthc Stale? (I1`3,cs, notify DWQ) c. li'diseharge is observed, what is tlic'estintaled flow in gal/min? d. Does discharge bypass a lagoon system? (Ifyes. notify l: WQ) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No 1'1'asle Collection & Trmitmcnl 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ldenti f wr: .......Lagaon-#1.............. L.agoora.#f.2....... .... S.olid..Masi.ray?.1..... ... S0.lW.B;1ai1112.... ...S0.Iid,Basia#.4....................................... Freeboard (inches): 24 60 22 30 21 12112/03 Continued ["a ility Number: 14'-3 • Date of Inspection 1 1 1412 0 0 4 is 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N No seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or ❑ Yes N No closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes N No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes ® No elevation markings? Freeboard levels need to be recorded on a weekly basis. Waste Application T 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes N No ❑ Excessive Ponding ❑ PAN [:]Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 30( 12. Crop type corn (grain) barley & wheat (small grain) fescue (grazing & hay) 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes N No b) Does the facility need a wettable acre determination? ❑ Yes N No c) This facility is pended for a wettable acre determination? ❑ Yes N No 15. Does the receiving crop need improvement? - ❑ Yes N No 16. Is there a lack of adequate waste application equipment? ❑ Yes N No Odor issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below N Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes N No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes N No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes N No Air Quality representative immediately. 0 Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): , ❑ Field Copy N Final Notes 17. Pipes discharge above water level near the surface. 23. Soil sampling is scheduled for this fall. Freeboard levels need to be recorded on a weekly basis. T Reviewer/Inspector Name ;Bev Price Reviewer/Inspector Signature: n& Date: 12112103 Continued racutty tvumder: 14-3 I 0 of Inspection 1 11/4/2004 Rectuir'ed Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ® No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ic/ WUP, checklists, design, maps, etc.) ❑ Yes ® No 23. Does record keeping need improvement? if yes, check the.appropriate box below. ® Yes ❑ No ❑ Waste Application ® Freeboard ❑ Waste Analysis ® Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design`? ❑ Yes ® No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) ❑ Yes ® No 27, Did Reviewer/inspector fail to discuss review/inspection with on-site representative? ❑ Yes ® No 28. Does facility require a follow-up visit by same agency? ❑ Yes ® No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) ❑ Yes ❑ No 31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipmcnt? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Form ❑ Crop Yield Form ❑ Rainfall ❑ Inspection After 1" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form No violations or deficiencies were rioted during this visit. You «ill receive no further correspondence about this visit. Additional'Comnients,and/ar Drawl n s a � a..J ..� .,* ti• � i t�; t.; r. s- Is. -i.°y' The facility appears well maintained and operated. i 12/12/03