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820143_ENFORCEMENT_20171231
NORTH UAROLINA Department of Environmental Quai DENR--FRO NCDENR FEB 152012 North Carolina Department of Environment and Natural Resources Division of Water Quality ?VeNgman Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Secretary February 13, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dixie Chops, Inc. P.M. Farm 187 Dixie Chops Ln Clinton, NC 28328 SUBJECT: Notice of Violation NOV-2012-OP-0003 P.M. Farm Farm # 82-143 Sampson County Dear Dixie Chops, Inc.: On February 15, 2011 you were mailed a letter from the Division of Water Quality informing you of the requirement to apply for and obtain a permit under the NPDES Permit Program. The Division of Water Quality (Division) has been required by the U.S. Environmental Protection Agency (EPA) to develop a NPDES permit program for animal waste management systems. The Division has developed a General NPDES Permit similar to the state Non - Discharge General Permit that this facility is currently permitted under. Pursuant• to the requirements of North Carolina General Statutes §143-215.1, 40 Code of Federal Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, coverage under an NPDES Permit is required of all facilities that either discharge or propose to discharge waste into to waters of the State. The certified mail green card indicates that you received this letter on February 18, 2011. You were given 90 days to complete the application and return it to the Division. As of today's date, the Division has not received a NPDES application for this facility. Violation 1: As a result of the above mentioned item, you are in continuing violation of N.C. General Statute 1 ,s_, 21 10c, vd,Ii,�}, c::: lc ,�11 :ir,.irllal, ('peralio!Is 111�1 disc !),Ir<_re to «Ztc•r,5 of*liC Statc to obtain a NPI) ;S 1'irinil 11-0111 li'kc i)i vi,1�1r1. AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 One Phone: 919-807-64641 FAX 919-807-64961 Customer Service: 1.877-623-6748 NorthCarolina Internet: www.ncwaterquality.oro Niat'rK` Nally An Equal opportunity 1 Affirmative Action Empioyer Dixie Chops, Inc. February 13, 2012 Page 2 of 2 Required Corrective Action for Violation 1: This violation must be corrected within 30 days of receipt of this letter. Tbis violation can be corrected by completing the attached application for a NPDES General Permit and returning it to the address at the bottom of page I of this letter. Please carefully follow the instructions on the form. If you wisli to apply for an Individual NPDES Permit instead of a General Permit, please contact us and we will forward you that application. Two copies of your complete Certified Animal Waste Management Plan arc required with the permit application. Please refer to the checklist on page two of the application to be sure that all necessary documents are submitted with the application. A copy of the NPDES General Permit may be downloaded at our website: htt :// ortal.nedenr.or web/w /a s/afo/ erm You are required to take necessary action to correct the above noted violation, and submit a written response to this Notice with 30 days of receipt of this letter. Please include in your response all corrective actions taken and a schedule for completion of any corrective actions already taken. Please be advised that Operation of your facility without coverage under a valid permit constitutes a violation of NCGS 143-215.1.and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions, please call me at (919) 807-6464. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Fayetteville Regional Office Central Files — Facility Number 82-143 Sampson County Soil and Water Conservation District I' t7 A TFR. P j Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kenneth Mc Lamb 382 Pig Cradle Lane Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY C & D Farms Facility No. 82-143 Permit No. NCA282143 Sampson County Dear Mr. McLamb: Alan W. Klimek, P.E. Director Division of Water Quality On September 6, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the 3'4 stage lagoon was reported as 17 inches. General Permit condition V.3 states "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus as additional 1 foot of structural freeboard." The Division of Water Quality will take no further action for this reported incident at this time. However, if you have not done so, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 433-3300, cc: APS Central Files DS&W FRO Sampson County SWCD Sincerely, Ricky Revels Environmental Supervisor I As;A,WWI Division of Water Quality/Aquifer Protection Section ENWR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 433-3300 FAX (910) 486-0707 Internet: http://gw.ehnr.state.nc.us Customer Service. (800) 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 21, 2006 RECEIVED Mr. Kenneth McLamb JUL 2 4 2006 259 Pig Cradle Lane ENR-FAYETi�yLL�REGfONAtOF�7CF Clinton, NC 28328 D RE: Acknowledgment of Receipt of Payment Case No. DV-05-001 Farm # 82-143 Sampson County Dear Mr. McLamb: This letter is to acknowledge receipt of your check No. 5879 in the amount of $120.03 on July 20, 2006. The balance of the penalty is $4,081.23. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, f Dennis G. Lun Animal Feeding Operations Unit cc: APS-Fayetteville Regional Office Files # DV-05-001 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatnqualiiy.org Location: 2728 Capital Boulevard An Equal opportun4lAffirmative Action Employer— 50% Recycled110% Post Consumer Paper 1 o ` Carolina �tura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0598 Fax 2: (919) 715-6048 Customer Service: (977) 623-6748 10 Y NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue C:oleen H. Sullins Dee l=reeman Governor Director Secretary December 2, 2010 Dixie Chops Inc 187 Dixie Chops Lane Clinton, NC, 28328 RE: Acknowledgment of Receipt of Payment Case No. DV-2010-0088 Farm # 82-0143 Sampson County Dear Dixie Chops Inc: RECEIVED DEC 0 3 2010 DENR-FAYETIEMLLE REGIONAL OFnCE This letter is to acknowledge receipt of your check No. 5002368575 in the amount of S4541.21 on November 29, 2010. This payment satisfies in full the civil assessment in the amount of $4541 ? 1 levied against Dixie Chops Inc and the case has been closed. if you have any questions. please call me at (919) 715-6937. Sincerely, Miressa D. Gamma Animal Feeding Operations Unit cc: Art Barnhardt. Fayetteville APS Regional Supervisor File # DV-2010-0088 APS Central Files h ai71==� PRO T -C T ION SECT ION 1626 flail Ser&E Censer, Rale0., North Carolina 27n9:,-1636 F o:31i3n: 2! 26 Cagi:al Bmu ,-vat_ P,aieigh. North Caroiinr, 27604 ?hone 919 33 3221 i =aX 1: 91v-715-05M =.r ;, f: 91 ,5.60451 Cs u: e. 1-5?7 _ 'j 5748 us,om-�� r Irrern,_t: wUw.ncwate.rauaMv.oro On NlorthCu. (Aifna h.n'rruial rmrvihimitv', Affirm'PvF Artnn PmrlhvPr f STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF DIXIE CHOPS INC FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT AND VIOLATIONS OF GENERAL PERMIT AWGI00000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FILE NO. DV-2010-0088 DEM`FAYE' , � •,_4C REGIONAL Offlol FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Dixie Chops Inc is a corporation organized and existing under the laws of the State of North Carolina. B. Dixie Chops Inc owns and operates P.M. Farm; a swine operation located along Dixie Chops Lane in Sampson County. C. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: make any outlets into the waters of the State". D. Dixie Chops Inc was issued Certificate of Coverage AWS820143 under General Permit. AWG100000 for P.M. Farm on October 1, 2009. effective upon issuance, with an expiration date of September 30, 2014. This permit does not allow the discharge of waste to waters of the State. E. Condition No. I. 1. of General Permit AWG100000 states in part that "Any discharge of waste which reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and r y regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift manmade conveyance, direct application, and direct discharge or through ditches not otherwise classified as State waters." F. Condition No. II. 2, of General Permit AWG 100000 states in part that "No waste shall be applied upon areas not included in the Certified Animal Waste Management Plan (CAWMP)...". G. On June 30. 2010. DWQ staff conducted a site visit in response to an anonymous complaint received, and observed discharge of residual solids at a land application site owned by Ann Faircloth, adjacent to the P.M Farm facility owned by Dixie Chops Inc. The residual solids originated from the P.M. Farm Facility and were land applied some time on or before June 21, 2010. Discharge of waste to waters of the State was caused as a result of failing to incorporate residual solids prior to a rain event or events. The residual solids ran down gradient and into an un- named tributary to the Great Coharie Creek, which are Class C waters of the State within the Cape Fear River Basin. H. Land application of residual solids was conducted on or before June 21, 2010 on Ann Faircloth property upon an area not included in the CAWMP. The date of the CAWMP for the Ann Faircloth Property indicates that it was developed after land application had occurred. Dixie Chops Inc had no valid permit for the above -described activity. J. On August 12, 2010, the Division issued a Notice of Violation/Notice of Intent to enforce (NOV/NOI) to Dixie Chops Inc identifying violations of N.C.G.S. 143- 215.1 and General Permit AWG 100000. The violations include the unlawful discharge of wastes to waters of the State. K. The NOV/NOI was sent by certified mail, return receipt requested and received on August 20, 2010. L. The cost to the State of the enforcement procedures in this matter totaled S2,541.21. Based upon the above Findings of Fact; I make the following: 1I. CONCLUSIONS OF LAW: A. Dixie Chops Inc is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Great Coharie Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted malting an outlet to waters of the State for purposes of G.S. 143-21 S.l (a)(1), for which G.S. 143-215.1 requires a permit. The discharge also violated Condition I.1 of General Permit AWG100000. D. The above -cited waste application on areas not included in the CAWMP is a violation of Condition II? of General Permit AWG100000 E. Dixie Chops Inc may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. F. General Statute 143-215.3(a)(9) and G.S. 143B-282.1(b)(8) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1. or special order or other document issued pursuant to N.C.G.S. 143-215.2. G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 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, Dixie Chops Inc is hereby assessed a civil penalty of: 9P �t S_y11_ for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1., and in violation of Condition 1.1 of General Permit AWG100000. for violating Condition II 2 of General Permit AWG100000 for failing to have an appropriate CAWMP in place prior to application of swine waste. ,02 TOTAL CIVIL PENALTY which is '{Ap percent of the maximum penalty authorized by N.C.G.S. 143-215.6A. Investigation costs assessed TOTAL AMOUNT DUE r , I Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at 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; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum 525,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Dixie Chops Inc in accordance with N.C.G.S. 143-215.6(A)(d). � v (Date) ieodore L. Bush Jr., Chief Aquifer Protection Section Division of Water Quality AFFTWA CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly E-aves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 26, 2010 CERTIFIED MAEL - #7007 0220 0003 0155 8396 RETURN RECEIPT REQUESTED Dixie Chops Inc 187 Dixie Chops Lane Clinton, NC, 28328 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 82-0143 Sampson County Enforcement File No. DV-2010-0088 Dear Dixie Chops Inc: RECEIVED OCT 2 8 2010 DENR-FAYETTfIt LE REGIONAL OFFICE This letter transmits notice of a civil penalty assessed against Dixie Chops Inc in the amount of $2000.00, and S2541.21 in investigative costs, for a total of S4541.21. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment 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: Keith Larick Aquifer Protection Section Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR AOU1HP FROTEC ION S* v I ON Orie 1036 Mai; Servic: Gamer, Raleigh, Noah �amlina 2r5wG i63q NorffiCarofiIia i ocavon: 2728 Capital 6oulevarc `taieigh. North Carolina 2760- Na t—a-ally ?hone: 91y-733-3221 � =?.Y. 91 � 71;-0586 FAX 2: 91E-715-6049'i G'ustome,- Servtoe 877-623-6748 ! L Internet: www.ncwarereualih,.oro . An rnual rhnnmmov t A;7rmaii— Arunn =m. mnvFr r Assessment of Civil Penalty Dixie Chops Inc Enforcement File;#DV-2010-0088 Page 2 of 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of their decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Aquifer Protection Section Division of Water Quality 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) Assessment of Civil Penaln, Dixie Chops lnc Enforcement File 4"DV-2010-0088 Page 3 of 3 days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.. except for official state holidays. The petition may be filed by facsimile (fay:) or electronic mail by an attached file (with restrictions) - provided the signed original, one {1} copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise -one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark); will result in this matter being referred to the cr Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 715-6937. Sincerely, eodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments File # DV-2010-0088 w/ attachments APS Central Files w/ attachments Sampson County Health Department 19U_a.fir ton o 1 oz rL � Z4114Z 75. 127 �I I i I i �k I I � � I � � I I i ' � � k � i � i I � � I �I I, � I ; I � I I � �� I J � � i I ; I � k � } � i E � � ��� I �i I � I i � 1 � � � � I � k l � I � � � i. � I � �; I I �, I I]i i I 'i � � i k I �� I k � � I � i � j f I �' ;� � I� I �� 4 I � I � I � �� I k � ! I � k � I � s� '� � � I , � 'I I I � '� I ! ; � � I I � I I' ' � I I i j k - i I � i I � f I I � � � , I k I I I ! � I � I I � i I � � I ' � I I I I I I � i � i � I I ik I � I � I � I I I � I � I I I I 1{t I ' � ` I I I � F � � I I 1 � I I � I I 1 � ! � �! I � � l I � I I � � k � � � � I I { 1 I I 3 ALITM.MA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director AQUIFER PROTECTION SECTION August I6, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Edwards 187 Dixie Chops Lane Clinton. NC 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1300 Dixie Chops, Inc., Facility 482-143 Permit No. A W S820143 Sampson County Dear Mr. Edwards: Dee Freeman Secretary 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 .1300, you have been found to be in violation of your 2T .1300 Permit. Violation 1: Discharge to surface waters or wetlands resulting from a failure to apply animal waste in accordance with the facility's Permit and Certified Animal Waste Management Plan (Permit No. AWG100000 Conditions 1.1, I1.7) AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville. North Carolina 28301 Phone: 910-433-3300 i FAX : 910-486-07071 Customer Service: 1-877-623-6748 Internet LA .h2t).errr.state.nc.us North Carolina An Equal Opportunity 1 Affirmative Action Empioyer Richard Edwards Page 2 August 16, 2010 On June 30, 2010, DWQ personnel observed animal waste in the form oi'sludge outside a field boundary and in the woods near the Dixie Chops, Inc. swine facility. Subsequent investigation determined that the source of the sludge was from lagoon solids being removed from Dixie Chops, Inc. and land applied on the field adjacent to the sludge mentioned above. Sludge was present in two separate heavily wooded areas on opposite sides of the application field. In both areas, sludge was observed extending down the hill where it had reached a surface water stream tributary of Great Coharie Creek. Additionally, water quality samples identified standard violations remaining several days after the runoff event occurred. Required Corrective Action for Violation 1: If you have not already done so, immediately cease application methods of animal waste/sludge that are not in compliance with your waste management plan and permit and take all necessary steps to insure this violation does not reoccur. Violation 2: Failure to notify the Division Regional 01'tice ol'runoff that entered surface waters or wetlands. Section Ill. 13 d. There is no record of the Permittee contacting DWQ to report the discharge. Required Corrective Action for Violation 2: In the future, report any of the occurrences listed in section III. 13 of your permit as directed. Violation 3: Failure to have a Certified Animal Waste Management Plan (Sludge Removal Plan) prior to applying sludge on an application field in accordance with the facility's Permit (Permit No. AWG100000 Condition I.1-3). On June 30, 2010, DWQ personnel observed evidence of animal waste land application at the site previously mentioned. The permittee stated the sludge was applied to the field on June 21, 2010. The Sludge Plan for this facility was dated July 3, 2010. The plan must be completed before any sludge can be applied to application fields. Required Corrective Action for Violation 3: No additional corrective action is required for Violation 3, The Sludge Plan dated July 3, 2010 was received in our office on July 7, 2010. In the future, any additional modifications to your waste plan must be completed prior to implementing the modified waste application activities. Richard Edwards Page 3 August 16, 2010 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before August 31, 2010: 1. Please have the OIC for this farm include an explanation as to how this violation occurred. 2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors. which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. If you have any questions concerning this Notice, please contact me at (910)-433-3300. Sincerely. "StephenBamhardt Regional Aquifer Protection Supervisor Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC July 26`h, 2010 Subject: Request for information AWS820143 (Dixie Chops Farm, Inc.) NCDENR (DWQ) , Aquifer Protection Section, Please find enclosed the information pertaining to your request on July 12, 2010., As to your first request, the sludge applicator/company was Dennis Daley and contact number is (910) 352-5234. Your second and third request was delivered to your office by certified mail on July 7'h, 2010 (please see attachment); however landowner authorization was faxed to your office. Rainfall / lagoon levels from January 2010 to current are attached as requested in item #4 of your letter. Sincerely, Richard Edwards (910) 271-1192 September 2, 2010 AQUIFER PROTECTION SECTION 225 Green St., Ste.714 RECEIVED SEP 0 l 2010 Fayetteville, NC 28301 OEM 4AYEiTEMLLE REGIONAL ORICE Re: N0710E OF VIOLATION/NOTICE OF INTENT (Administrative Code 15ANCAC 2T.1340) Dixie Chops, Inc., Facility #82-143 (Permit No. AWS820143; Sampson County) Dear Mr. Barnhardt: I am writing in response to your letter dated August 15, 2010, regarding the above referenced matter. I received the letter on August 19, 2010. 1 apologize for the tardiness of this response, but I hope that you will consider the information that follows when making a decision about the violation occurring at my farm. On June 21, 2010, at approximately 1:00 P.M., I completed application of animal waste on the field in question. At 4:30 P.M. on the afternoon of June 21, 2010, it rained three and one half inches in approximately 30 to 40 minutes. It was a summer afternoon thunderstorm that had developed fast. There was no rain in the forecast on this day or several days after. The equipment to incorporate this product Into the ground was ready to use at anytime, but the waste needed to set several hours in the field before incorporation took place because the waste was too wet and slick for the farm tractor to perform its task. With the wet waste in the field and a heavy rain shower on top it, two days more days were needed before the farm tractor could get into the field and properly incorporate the waste in the land. Nine days later on June 30, 2010, Mr. Edwards from Soil and Water contacted me by phone and said he was at the field in question because "he had received a complaint from his boss in Raleigh about an over application of sludge in a field near my farm". Mr. Edwards and I walked around the field in question and Mr. Edwards located some sludge that had made its way into a wooded area and down a steep hill into surface water. Mr. Edwards contacted the Department of Water Quality (DWQ) by phone. I did not check the field after application of the sludge and after the heavy rainfall. I was unaware of the runoff until it was found by Mr. Edwards from Soil and Water. Upon DWQ's arrival, I advised all parties present of the rain that occurred the day of application and gave them any and all information they needed to complete the investigation. Both DWQ and Soil and Water took water samples from several unknown locations in and around the run off area. I have been provided no documentation of the water samples taken on June 30, 2010, or any qualification on the persons taking the samples or any chain of custody of the samples taken. There are a many other means of contamination in the same surface waters that were taken. In my opinion, this could be considered as storm water run-off. Everything was performed in accordance with the permit during application of animal waste, but it rained heavily and caused waste to run-off following the topography of the land. As a farmer and swine producer, I would never intentionally place any harmful product into surface water. Please consider this scenario in your decision making process. Sincerely, Ri E. Edwar s Cc: Keith Larick-CAFO Unit FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner t tC4:fi Operator Facility NumberL. I - F Date (mmkkWy) I a MAW-, 1. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of liquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2 Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. f- t,/; 1 FORM FRBD-1 Waste Structure Freeboard and Daily Precipitation Record Farm Owner Operator .'� f r e�t� n • .11 Facility Number[-7- —2-:1 - 0�= Date *'waste Structure Freeboard inches 'P 'Precipitation Initials # i�t # # # # # {mm► (ind�(inches.) Pei /4/ f lei y _- f. JL -'D` 2-3 -er " e -D i t -5 Ito > /^ a.� - 7 .r r �' - Gam• 2r 1 •� l� -1"7 NSF .0 J A. Lagoon freeboard is the difference between the lowest point of a lagoon embankment and the level of I-iquid. For lagoons with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded at least weekly. 3. Rainfall must be recorded for every rain event. 3114103 ■ Complete hems 1, 2, and 3. Also complete Item 4 if Restricted DeAvery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: ir I � f A. Signature X ❑ Addressee B. Reoehred by (Prfnted Name):JC�DWaof Delivey %I zifVsi�'�Sii 7'!4t► D. Is deliveryaddrase dlQerent from Iteun l? ❑ Yea if YES, enter deiivery address below: ❑ No 3. Sen pt Type Certified Mall C] bGuress Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. a. Restrscted DetNroyt (Extra Fee) 0 Yes 2. Article Number I (lFansfer horn aervke mW, 7010 1060 0001 7609 7281 --- PS Fora 3811, February 2004 Donvstle Return Receipt IOZ95-02AMSO t - iMs �c►c fL �t'_ � (4 � i r— ` ,� � � �.,.� da d� ��1 r !v� T�I-�"^ r -71,,,o . UNITED STATES POSTAL SERVICE First -Gass Mail posIr & Pees Paid USP Permft No. G-10 Sender. Please print your name, address, and ZIP+4 in this box • r� 7>pq r-) / -e- Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A 8F .0201 Facility/Farm Name: _ Z_)i 11ie— &rr Permit #: iYVS ` r? U I Facility ID#: - 143 County: So M,050.'1 _ Operator In Charge (OIC) Name: a l F, Firsi Middle Last Jr. Sr. er. Cert Type I Nu ei'.' work Phone: Signature Date: -2 3�2G7 a "I certify that I agree to my designation as tht Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 09F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-up Operator In Charge (Back-up OIC) (Optional) First Middle Lasi Jr. Sr. ere. Cert Type / Number: Signature. Work Phone: Date: "I certify that I agree to my designation as Back-up Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Owner/Permittee Name: Phone #: C` V /'" l Fax#: Signature: Date: ( or xuthottii agents Mail or fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax:919-733-1338 (Retain a copy of this form for your records) Reed WON / e Su��' &um"-) olor m P&SAgNO WJVNIP -A=a M-UP9 AV L06W VA%V 033 span =a mirl *Ml, MT SPJUAIIP3 IJ93 pjuq3!H am" 91' -viopiado w;p4,V V n110d JaIVM )W C 1N Vl tlis �i.v Sl�e� NCDAACS Agronomic Division Phone: (919)733-2655 Web site: www.naw.gov/aponomi/ Report No: 00 Gmuw: Dixie Chops Ine-R1 Copies To: ,3 1 187 Dixie Chops Ln Clinton, NC 28328 3 �M 11M ISS�- oil Test Report Fart 1. SEIMNG N.C. RESIDENTS FOR OVER 60 YEARS Received: 07/01/2010 Completed: 07/0712010 Sampson County Agronomist Comments Field Inf Applied Lime Recommendations rnple No. Last p Mo Yr T/A Year Lime N P20s Ks0 Mg S Ca jaiB Mn See Note S03.2 :Cmy:or p: Soyb IAT 0 0 130.150 $ 20-25 0 0 10 m Gratn 0 120.160 0 130.150 $ 20.25 0 0 .0. $ Soil Class H3f% W/V CEC BS% Ac PH P-1 &1 Ca% Mg% Mn-1 Mn-AI(1) Ma-Al(2) Zn-1 Zn-AI Cp 1 S-1 SS-1 NO3-N NH4-N Na MIN 0.36 1,49 2.4 25.0 1.8 5.1 229 4 21.0 5.0 7 14 21 44 44 49 24 0.0 Field InfarmattIon Applied Lime Recommendations Sample No. Lase Crop Mo Yr T/A Crop or Year Lime N P201 Ka0 Mg S CU Za B Mn See Note SO4 Ist Crop: Berm Hay/Pas,E 1.6T 60-80 0 130-150 $ 20-25 0 0 $ 2nd Crop: Small Grains 0 80.100 0 130.150 $ 20.25 0 0 .0 t0 Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 1[ 1 Ca% Mg% Ma-1 Ma-Al(l) Mn-AI(2) Zn-1 Zn-Al Ca-1 S-1 SS-1 NO3-N NHs-N Na MIN 0.51 1.50 2A 29,0 1.7 5.0 178 5 22.0 5.0 6 13 6 52 52 54 22 0.0 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N M5 K20 Mg S Cn Za B Mn See Note S05 151 Crop: Berta Hay/Pas,E I.BT 60-80 0 130-150 $ 20-25 0 0 $ 2nd Crop. Small Grains 0 80.100 0 130-150 $ 20-25 0 0 0 10 Test Results Solt Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI(1) Mn-AI(2) Zn-1 Zn-Al Cn-1 S-1 SS-1 Nos-N Nllf-N Na MIN 0.66 1.51 2.7 30.0 1.9 5.0 126 5 25.0 6.0 9 15 8 75 75 64 19 0.0 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P201 Ka0 Mg S Ca Zn B Mn See Note SP6 1st Crop: Berm Hay/Pas,E 2.8T 60.80 40-60 120-140 $ 0 0 0 $ 2nd Crop: Small Gmtns 0 80-100 2040 120.14D $ 0 0 0 .0 10 Test Results Soil Class HMf% W/V CEC BS% Ac PH P-1 K 1 Ca% ft% Ma-1 Mn-A1(1) Mn-Al(2) Zn-1 Zn-Al Ca-1 S-1 SS-1 NO3-N NH4-N Na MIN 1.02 1.45 3.7 22.0 2.9 4.4 46 7 16.0 5.0 9 15 8 70 70 49 30 0.0 Report to: F R-Q WATER QUALITY SECTION Page ! oi—L CHAIN OF CUSTODY (COC) RECORD NC DENR/DWQ LABORATORY (check one): 'dCENTRAL ( ] ARO ] ] WaRO For Investigation of: S1Ud a f� Sample collector (print name DM forms by: n-el-e( Sample and -I completed collector's signature: Field storage conditions and location (when applicable): _:- Iii6:ITse.Only. - NUMBER DATE TIME OF I l T10. s: STATION NO. STATION LOCATION SAMPLED SAMPLED CONTAINERS O�OD130 IS j4 M3 - V S Vrlea27 I010613 15'T I- 3 �G� © f O1013,01 r {Q 7 S 3 _.'mot-'� elinguishenndb'y3=21ik- W., /D to ` r0 601 Time Is; Re ive y (sign re : Date '/ ,,ll �V Time 5. 3D linquished by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment (circle one): Sta a Courie Hand -delivered Federal Express UPS Other: Sealed by: Broken by: Security Type and Conditions S cJln P' - County: SAMPSON Sample ID: AB60401 River Basin CPF pF WATER PO Number # 10W5331 Report To FROSP. PG Date Received: 0710112010 `0 % Y Time Received: 08:30 Collector: J SCHNEIER O Y Labworks LoginlD SMATHIS Region; FRO Report Generated: 7114110 Sample Matrix: SURFACEWATER - Date Reported: 0811b12010 Loc. Type: RIVER/STREAM Emergency Yes/No VisitlD COG Yes/No YES Loc. Descr.: UPSTREAM 1 Location ID: 6CO82AWS820143 Collect Date: 06/3012010 Collect Time: 14:15 Sample Depth 0.1 CAS # Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.7 'C 711110 SMATHIS MIC BOD, 5-Day in liquid 2 3.2 mg1L APHA5210B 711l10 CGREEN Coliform, MF Fecal in liquid 1 2200 B301 CFU7100ml APHA9222D-20th 711110 CGREEN NUT NH3 as N in liquid 0.02 4.9 -1 mg/L as N Lae10.107-06-1-J 717110 CGREEN Total Kjeldahl N as N in liquid 0.2 7.3 1 mg1L as N Lachat107-06.2-1-1 712I10 CGREEN NO2+NO3 as N in liquid 0.02 4.3 JI(v'S mgrL as N Lac10-107-04-1-c 717110 CGREEN Phosphorus —total as P in liquid 0.02 6.0 mglL as P Lacl D-1 15-01-1 EF 712110 CGREEN Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699.1623 (9191733.3909 For ■ detailed deampfion of the qualifier codes refer fo ti"r irwrtal ncrlenr,sVweb.'wngatusratt+nta, —h sslsrapata Qualdier Cndes �httn::Mortal.nulenr.omlwehMa+Iahlsta�nforlecrfassisl> Page 1 of 1 County: SAMPSON Sample ID: AB60402 River Basin CPF 0� wAT�R PO Number # 1OW5332 Report To FROSP 11 QG� Date Received: 0710112010 Collector: J SCIikEIER P Y Time Received: 08:30 Labworks LoginlD SMATHIS Region: FRS Report Generated; 7l14110 Sample Matra: SURFACEWATER Loc. Type: RIVER/STREAM - Date Reported; 0811612010 Emergency Yes/No VisWD COC Yes/No YES Loc. Deser.: DOWNSTREAM 1 Location ID: 6CD82AWS820143 Collect Date: 0613012010 Collect Time: 14:30 Sample Depth 0.1 CAS # Analyte Name PQL Resultl Units Method Analysis validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.7 `c 711110 SMATHIS MIC BOD, 5-Day in liquid 2 8.7 mglL APHAS2108 711l10 CGREEN Coliform, MF Fecal in liquid 1 210001 CFUl100ml APHA9222D-20th 711110 CGREEN NUT NH3 as N in liquid 0.02 4.71 mg& as N Lac10-107-06-1-J 717110 CGREEN Total Kjeldahl N as N in liquid 0.2 7.8 1 Wr5 mglL as N Lachat107-06-2-H 712110 CGREEN NO2+NO3 as N in liquid 0.02 7.3J mg1L as N Lac10-107-04-1-c 717110 CGREEN Phosphorus total as P in liquid 0.02 7.1 mglL as P Lac10-115-01-lEF 712/10 CGREEN Laboratory Section— 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed deswplion o1 the qualifier codes refer In line.?fp Ai nrdenr.prtywelJwrt+la[rstaf9nronrrfiass3st#�ata Ouaurer tiVde5 <httn1:ncrt31nydPnf om lveLAr�'I&L�sl+rtl nfc,rtechass�l> Page 1 of 1 County: SAMPSON Sample ]D: AB60403 River Basin CPF GFWATFR PO Number it 10W5333 pG Report To FROSP Date Received: 0710112010 �O� Time Received: 08:30 Collector. J SCHNEIER i Labworks LoginiD SMATHIS Region: FRO Report Generated: 7/14/10 Sample Matrix: SURFACEWATER Date Reported: 08/1612010 Loc. Type: RIVERISTREAM Emergency Yes/No VisitlD COC Yea/No YES Loc. Descr.: DOWNSTREAM 2 Location ID; 6CO82AWS820143 Collect Date: DW3012010 Collect Time: 15:10 Sample Depth 0.1 Result/ Method Analysis CAS # Analyte Name P� Units Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1-7 °C 711110 SMATHIS MIC BOD, 5-Day in liquid 2 140 mg1L APHA5210B 711110 CGREEN Coliforrn, MF Fecal in liquid 1 250000 B301 CFu1100mi APHA92221)-20th 711110 CGREEN NUT NH3 as N in liquid 0.02 34 mg1L as N Lac10-107-05-1-J W7110 CGREEN Total Neldahl N as N in liquid 0.2 100 mg1L as N Lachat107-O6-2-H 712110 CGREEN NO2+NO3 as N in liquid 0.02 0.10 mg/L as N LaC10-107-041-c W7110 CGREEN Phosphorus total as P in liquid 0.02 91 mg1L as P Lac10-115-01-1EF 712110 CGREEN Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 for a deraled desrri Xion of the qualifier codes refer to htin!lnoQuay- Codeal nmenr ------hassrsb Page 1 of 1 County: SAMPSON Sample ID: AB60404 River Basin CPF OF WAT6;4 PO Number a 1OWiS334 Report To MAP Oa Oy Date Received: 0710112010 r Time Received: 08:30 Collector, J SCHNEIER Q Labworks LoginlD SMATHIS Region: FRO Report Generated: 7I14110 7116C1010 Sample Matrix: SURFACEWATER Date Reported: Loc. Type: RIVEWSTREAM Emergency yes/No VsitlD COC Yes/No YES Loc. Deser.: UPSTREAM 2 Location ID: 6C082AW5820143 Collect Date: 0613012010 Collect Time: 15.15 Sample Depth 0.1 CAS # Analyte Name P L Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.7 'C 7n110 SMATHtS M!C BOD, 5-Day In liquid 2 7.9 mg1L APHA5210B 711110 CGREEN Colitorm, MF Fecal in liquid 1 3900 B301 CFU1100ml APHA9222D-20th 711110 CGREEN NUT mglL as N Lac10 707-06 1-J 717110 CGREEN NH3 as N in liquid 0.02 0.12-7 Total Neldahl N as N in liquid 0"2 1.4 11,5� mg1L as N Lachat107-06-2-1-1 712110 CGREEN NO2+NO3 as N in liquid 0.02 0.07 J mgJL as N Lacio-iw-04-1-c 717119 GGKLLN Phosphorus —total as P in liquid 0.02 0.21 mg1L as P Lac10.115-01-1EF 712/10 CGREEN Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed des"ion of the quakrbr codes refer to hno..,roorlal.nr,7¢n[,p1if+wg�Mr9gatHstxEhnfon� nacsiytYDari Q�aLticr C<itleschfto.::ncr;alncdenr.uinwehlwupahrstaffinfoilettassisn Page 1 of 1 County: SAMPSON Sample ID: AB60405 River Basin CPF - WiA7ERO PO Number # 1OW5335 Report To G Date Received: 0710112010 EBOSP �O Time Received: 08:30 Collector: J SCHNEIER i C] Labworks LoginlD SMATHIS Region: FRO Report Generated: 7114/10 Sample Matrix: SURFACEWATER Date Reported: G611612010 Loc- Type: RIVEMSTREAM Emergency Yes/No VisitlD CDC Yes/No YES Loc. Descr.: EDWARDS POND Location ID: 6C082AWS820143 Collett Date: 0613012010 Collect Time: 16:25 Sample Depth 0.1 CAS # Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date LAB Sample temperature at receipt by lab 1.7 'C 711110 SMATHIS MIC BOD, 5-Day in liquid 2 18 mg/L APHA5210B 711110 CGREEN Collform, MF Fecal in liquid 1 1100 01 CFUI100ml APHA9222D-20th 711110 CGREEN -Uis NH3 as N in liquid 0.02 6.61 mg1LasN LaOO-107-06-1-J 7l7110 CGREEN Total Kjeldahl N as N in liquid 0.2 10 mg1L as N Lachat107-06-2-H 712110 CGREEN NO2+NO3 as N in liquid 0.02 1.1 J I lr7 mg1L as N LaC10-107-04-1-C W7110 CGREEN Phosphorus —total as P in liquid 0.02 9.7 mg1L as P LaclO-115-01-1EF 712110 CGREEN Laboratory Sectionaa 1623 Mail Service Gentler, Raleigh, NC 27699-1623 1919) 733-3908 For a detailed desuipkon of the quakf— codes refer to hnolluonal.nrdenrtprNweR'wCAa6rs[efiMORerJ�a5si5tCpalx Quaoer Codes ih::o:: pyfar.n[tlrnr.amWa[rWa�ahhtaftmroRethasgists Page 1 of 1 "O 5 t� (F� LN Carte 7l Narrative 6 What we did �r Tot, &,-hnf�er r71a%DI0 Robert and I arrived at the farm turnoff to 82-143 (PM Farm) from US 701 about 1 PM. Danny Edwards from S & W joined us a few minutes and the producer Edwards, a few minutes after that. The field with the sludge runoff was on the north side of where we were but we followed the producer north on 701 for a few feet and pulled in next to an abandoned house to get closer to the spill area.The field was newly plowed and planted to soybeans which had not yet sprouted (all bare dirt). The soil was grayish in color with no obvious signs of sludge in the plowed portion. We walked part of the south edge of the field then followed a concentrated flow track filled with sludge through the woods down to a sidehill seep containing mud, sludge and a long abandoned tire dump. We then went back up to the field and walked farther north on the edge to about the timber corner, crossed to the other side and walked part of the edge back towards the truck looking for sludge runoff. We picked up our gear, crossed the field and went back in the woods, looking for the upstream spring. We found a shallow seep at the base of the hill and I collected samples with the dipper since I had rubber boots. I was unable to get a GPS point due to heavy canopy and overcast. I followed the edgeline of the seeps back down to the tire dump. Robert and Danny went back up and walked the field edge. We collected Downstream 1 sample there using a bottle because the water was so shallow. I walked a little farther downstream following the seep edge and followed I think another flow track full of sludge back up to the field. By this time it strtred raining intermittently Danny and l crossed the field farther north and followed a similar flow track full of sludge on the other side to a seep/stream while Robert brought the samples back to the truck in a 5 gallon bucket. This north side was full of vines making walking very difficult. I collected downstream 2 using the bottle, after rinsing it. This water was very dark and shallow and I had to rest the bottom of the bottle on the bottom. We brought this sample back to the truck. Robert said the road ditches were dry. Robert and I drove farther north on 701 and collected Upstream 2 on the upstream (east side) end of a culvert with a perennial with a good flow of water. We then drove back to the abandoned house and Danny showed us the location of the fields previously spread on the Ebenezer Forrest road. Since we did not have access permission we did not drive in, although I did walk a few feet past the road ditch. There was little sign of sludge application. Danny then led us back over to the farm. In addition to the lagoon being pumped out, the producer was scraping the inside of the lagoon sides to redistribute soil that had washed down. About % of the bank had been scraped leaving a steep bank. He said he planned to plant fescue. The lagoon level was higher than I expected for just having been pumped. The producer pointed out a pipe in the dam which had been uncovered during sludge removal. The outlet end was not visible in the pasture, which had a considerable down gradient, and there was no evidence of lagoon runoff there. We advised him to cut the pipe off closer to the darn, fill the end with concrete and cap it off. We crossed the pasture to an old beaver pond and took a sample near the bottom edge of the pasture below an old beaver dam in a flowing trickle. This was downstream of all the other samples. After chatting a few minutes we left. We unloaded at FRO, checked, and finished filling out tags, and added the sulfuric acid to the nutrient bottles. Downstream 2 sample took two acid vials to bring the pH down to 2, the others all took one. We sealed the samples and put them in the courier box about 6:30 PM and they were received at the lab the next morning. The next day, after discussing the tire dump with Dennis Shackleford, I made a map and turned in the location to Solid Waste. Relevent Events and facts as I understand them Farmer Edwards (no relation to Danny) bought the farm a few years ago and has done a lot of catch- up work on it. He operates it plus another hog farm in addition to working a full time job as a highway patrol man. He hired ? to clean out his lagoon and also accepted cost share money from the county at $0.01/gallon. Most of the sludge was hauled several miles east to a Bermuda pasture and soybean field owned by? On the Ebenezer Forrest Rd, covered by a recent sludge plan prepared by Sam? the DC? for Sampson County from June 17 through June 21. About 587,500 gallons were spread over 177 acres at about 3500 gallons/acre. On June 21, with these fields filled up, sludge was hauled to Anne Faircloth land adjacent to the farm, even though it was not in the sludge plan. This land was ungrazed and unhayed pasture, and had reportedly not grown crops for at least 20 years. The owner could not remember the last time it had been fertilized. There was about a 2 inch rainstorm on June 20 but this pasture was on a well drained ridge top . 8 loads (52,000) gallons ) were hauled to it on June 21. The producer was disking it in but had gotten behind. There was a 1.5 inch rainfall on June 21, causing runoff around the field edges. At some point this was reported to DENR in Raleigh by an outside party. DWQ Fayetteville first heard about it on June 30, triggering the investigation later that day. The soil test showed unexpected high levels of phosphorus which would have precluded it from being used (by cost share guidelines), but the test was done after spreading. At this point all liquid has been washed down river or infiltrated. The sludge on the field has been disked in. The discharged sludge is on highly sloped sidehills with good plant cover (bushes, vines, and large trees) and a good soil O and A layer (high infiltration capacity). We believe scraping up the sludge would do more damage than it would be worth and open the slope for soil erosion. A very rough guess estimate (combined input from RM, JS, and DE) of the discharge is 13,000 gallons or 25% of the reported amount spread. Mapping the multiple plumes under heavy canopy would be very time consuming. Things to find out and discrepancies Names of parties involved and address of applicator-RFI Load by load accounting of sludge hauling with times if available -RA Check consistency of times with destination Narrative from producer-RFI Waste analysis from producer- check for this online first Were more acres available in sludge plan that were unused? Waste plan from producer-RFI Acreage- Contractor claims he spread 52,000 gallons over 20 of 26 acres or 2600 gallons per acre. The 2008 photo shows this field at about 15 acres (need to recheck that delineation). If he actually spread over 12 acres, for example, that would be 4300 gallons/acre. Rainfall from Clinton station and computer models for the cleanout time period (and previously) Rainfall records from producer-RFI Manager of Bermuda and soybean fields informally claims about 10-15 loads hauled there but contractor records show 62. Narrative from applicator — second RFI Was chicken litter also applied to the Bermuda and soybean fields on the Forrest Rd and are all these nutrients covered by a plan? yDam soil rearrangement needs to be signed off by a technical specialist. Permit condition 11.25- RFI .3 7—'5 Better time/date as to when the complaint showed up in Raleigh What did Danny find out when he visited the Bermuda/ soybean fields on July 1? Nor�p Ram �gr+►1;T; $tu E ; S SCc,ireD Ji �F iMcor� Ebb(pis�cra� 2 V4i s o r b0 cA nl P Z�> 1 Nutrient Management Plan For Animal Waste Utilization 07-03-2010 This plan has been prepared for: -Dracie 'Chops Farm Richard Edwards 187 Dixie Chops Lane Clinton, NC 28328 (910) 271-1192 This plan has been d Greer Moore CD Clear Run Farms Consu PO Box 338 Harrells, N 444 (910) 5 2 493 D,/ I Developer Signature Type of Plan: Nitrogen Only with Manure Only Pt JUL 6 7 2010 .r- i-` Services-10 's Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are included with this plan. 1 A. - 7 �►-� S', , 3 Signature (owner) e Signature (manager or producer) Date This plan meets the minimum sta rds and specifications of the U.S. Department of Agriculture - Natural Resources servation Service or the standard of practices adopted by the Soil and Water o servation Commission. Plan Approved By: Jj6 Technical Specialist Signa a ate ------------------------------------------------------------------------------- 377740 Database Version 3.1 Date Printed: 07-03-2010 Cover Page 1 Nutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan. S8 Swine Feeder -Finish Lagoon Sludge waste generated 129,800 gals in a I year(s) and 4 month(s) period by a 2,950 animal Swine Finishing Lagoon Sludge operation. Estimated Pounds of Plant Available Nitrogen Generated Broadcast 1478 Incorporated 1762 Injected 1887 Irrigated 1384 Actual PAN Applied (Pounds) Actual Volume Applied (Gallons) Volume Surplus/Deficit (Gallons) Year 1 1,680.00 147,499 -17,699 ------------------------------------------------------------------------ Note: In source ID, S means standard source, U means user defined source. 377740 Database Version 3.1 Date Printed: 07-03-2010 Source Page 1 of I Narrative SB515 setbacks apply. They are as follows: 100' feet from water supply well. 200` feet from residence 50' feet from public ROW. 50' feet from property line not owned by the producer or lessor This is a "N" based sludge plan for Tract 4472 Field #l, ONLY. See Sampson County Soil & Water (Cost Share) Sludge Plan for further information pertaining to other fields where remainer/balance of sludge was applied. Application records are attached to this plan, along with current Sludge Analysis Report (good 60 days prior and/or 60 days forward of "received date" on report). Sludge sample was taken once lagoon was agitated "thoroughly". Tract 4472, Field #1 is a leased field. Tract 4472 Field # 1 is a new "certified" rotation field, in 2010. Soybeans is the first rotation crop planted in this field for 2010 crop season. "Land Applicator must keep a copy of this sludge plan on site at all times during the land application process. All records must be kept on site with all other farm records for at least 3 years. **Soil samples should be taken within one year of sludge application. (A copy of this Sludge Plan/Application records has been sent to NCDENR-DWQ (FRO), NCDENR-S&WC (FRO), Sampson County Soil & Water, and Murphy-Brown,LLC) ---------------------------------------------------------------------------------- Preview Database Version 3.1 Date Printed: 07-03-2010 Narrative Page 1 of 1 The table shown below provides a summary of the crops or rotations included in this plan for each field. Realistic Yield estimates are also provided for each crop in the plan. In addition, the Leaching Index for each field is shown, where available. Planned Crops Summary Tract Field Total Acres Useable Acres Leaching Index (LI) Soil Series Crop Sequence RYE 4472 1 27.51 20.00 NIA Blanton Soybeans. Manured, Double Crop 21 bu. PLAN TOTALS: 27.51 20.00 Ll Potential Leaching Technical Guidance < 2 w potential to contribute to soluble None nutrient leaching below the root zone. 2 & Moderate potential to contribute to Nutrient Management (590) should be planned. <= 10 soluble nutrient leaching below the root Zone. High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that nutrient leading below the root zone. improve the soils available water holding capacity and improve nutrient use efficiency > 10 should be considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long -Term 1Vo-Tdl (778), and edge -of -field practices such as Filter Strips (393) and Riparian Forest Buffers (391). 1'7'7'1 An il..o:.,., 2 F Tloir f?r:..1nr1 71VInIn The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied bymanure other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste thatwill be applied on each field order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table vesrr 1 'Pratt Field Source ID Soil Series Total Acres Use, Acres Crop RYE Applic. Period Nitrogen PA Nutrient Req'd (lbs/A) Ccrnm Felt. Nutrient Applied (lbs/A) Res. (lbs/A) Applic. Method Manure PA Nutrient Applied (lbs/A) Liquid ManareA pplied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N 1000 gal/p Tons 1000 gals tons 4472 l SB Blanton 27.51 20.00 Soybeans, Manured, Double Crop 21 bu. 4/1-9/15 1 *84 1 0 1 0 Broad. 84 7.38 0.00 147.50 0.01 Total Applied, 1000 gallons 147.50 Total Produced, 1000 gallons 129.80 Balance, 1000 gallons -17,70 Total Applied, tons 0.01 Total Produced, tons 0.01 Balance, tons O.Oi Notes: 1. In the tract column, -- symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 377740 Database Version 3,1 Date Printed: 7/3/2010 WUT Page I of 1 Required Specifications For Animal Waste Manazement 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change in the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (see USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (see "Weather and Climate in North Carolina" for guidance). ---------------------------------------------------------------------------------- 377740 Database Version 3.1 Date Printed: 7/3/2010 Specification Pap-e 1 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 ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste 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 or forages breaking dormancy. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer that 25 feet to perennial waters. 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. -------- -------------------- --- -------------------- 377740 Database Version 3.1 Date Printed: 7/3/2010 Specification Page 2 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas 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. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. 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. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. --- ------------------------------------------------------------------------------ 377740 Database Version 3.1 Date Printed: 7/3/2010 Specification Page 3 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. ----------------------------------------------------------------------------- 377740 Database Version 3.1 Date Printed: 7/3/2010 Specification Pape 4 Crop Notes The following crop note applies to field(s): 1 Double -Crop Soybeans, Coastal Plain: Mineral soil, medium leachable Double -crop soybeans should be planted as early in June as possible with planting completed by July 4th. When no -tilling soybeans in small grain straw, it is essential to manage the straw to achieve adequate plant populations. Review the NCSU Official Variety "green book" and information from private companies to select a high yielding variety with the characteristics needed for your area and conditions. Plant 24 seed/row foot for 7-8" drills; 4-6 seed/row foot for 15" rows; 6-8 seed/row foot for 30" rows and 5-10 seed/row foot for 36" rows. Increase the seeding rate by at least 10% for no -till planting. Seeding depth should be 1-1 1/2" and adequate depth control is essential. Phosphorus and potash recommended for the soybeans can be applied to the wheat in the Fall. Soybeans produce their own nitrogen and are normally grown without additions of nitrogen. However, applications of 20-301bs/acre N are sometimes made at planting to promote early growth and vigor. Tissue samples can be analyzed during the growing season to monitor the overall nutrient status of the soybeans. Timely management of weeds and insects is essential for profitable double crop soybean production. - ------------------------------------------------------------ 377740 Database Version 3.1 Date Printed: 07-03-2010 CropNote Page I of 1 Fol,M SLUR-2 Tract i Fleld Site(Wetted Acres)=(1A Farm Owner Owner's Address Owner's Phone fl Slurry and Sludge Application Field Records —-� One Form for Each Field per Crop Cycle `f ,2 Field # tea' b Facility Number �• �o�w r s ; i C s Spreader Operator and Address /v Z7 W f/9i I Operator's Phone 4 From Animal Waste Management Plan Crop Type S� eews a Slr�.t e 1 (2) 3) (4 Recommended PAN Loading (lb/acre) = (8) 5} 8 g ""'Nutrient Source Date (mm/ddlyr) Number of Loads per Field Volume of each Load' (gallons) Total Volume (gallons) (2) x (3) Volume per Acre (gallons/acre) (4) / (A) Waste Analysis PAN** (lb/1000 gal) PAN Applied (It/acre) (6) x (5)1 1009 Nitrogen Balance**' (Ib/acre) (B) - (7) Baa,40P. d0 L - S' 15 4.300 R0-5�6`p Y715- 7. 1 33. sS 3b . L- S 1 L-al�,v iv G3vv 63,000 3Sv 7. 1 -7-7- 37 ✓ ��.U�v' Crop Cycle TotaIS: I S% 9�1J0 t/ Owners Signature Certified Operator (print) _ S. 9 -:2- Spreader Operator's Signature Operator Certification No. _ " Can be found In operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. *" See your waste management plan for sampling frequency. At a minimum,'waste analysis is required within 60 days of land application events. "'Enter the value received by subtracting column (7) from (9). Continue subtracting column (7) from column (8) following each application event. *"Enter nutrient source (Ia. Lagoon/Storage Pond ID, commerical fertilizer, dry later, etc.) 3/14/03 NCDA&CS Agronomic Division Phone: (919)733-2655 Web site: www.ncagr.gov/agrononil/ Report: W09048 - -''� G►rrrrrr: Dixie Chaps Inc -Richard Edwards 1,47 Dixie Crops Ln Clinton, IBC 28328 Copies to: r Waste Analysis Report Farm: Received: 06/16/2010 Completed: 06/22/2010 Sampson County Sample Information Laboratory Results (parts per million unless otherwise noted) Sample ID: N P K Ca Mg S Fe Mn Zn co 8 MO d C Total 692 90.8 872 217 93.0 66.2 13.1 1.42 6.45 2.59 1.36 01 IM N Waste Code: -NH4 ALS -NO3 Na M Cd A At Se G p N SS ON DM% CCh% ALE{ 1) 217 7.56 Description: OR-N Swine Lagoon Ll . Urea R mew ns: Nutrients Available for First Crop 1bs11OOO&Wk= other Elements 11ts/1000 allans Appkcation Method N Pa05 K,?O Ca M8 S Fe Mn Zn Cu 8 Mo Cl Na M Cd A At Sc U Inipion 2.9 1.2 7.D 1.3 0.54 0139 0.08 0.01 0,04 0.02 0.01 1.8 Sample Information Laboratory Results (parts per million unless otherwise aoted) Sample ID: _ 3 02 3 yr N P X Ca S Pe Mn. Zn CU B MO Cl C Total 1423 IN-N 1349 711 1686 787 471 200 28,6 140 35.1 3.13 Waste Code: -NH4 Na M Cd R5 Al So Li H SS ON DM% CCG% ALE(K ) ASS NO3 177 7.09 OR-N SwImL Urea a 4 Nutrients Available for First Crop ibs 1000 uans Other Elements lbs 1000 allonr Appllaelion Method .,-;N P10s K20 Ca Mg S Fe Mn Zn Cu B MO Ct Na N1 Cd A rU Se M Soillncorp 7.1 20.6 6.4 1113 5.3 3.1 1.3 0.19 0.94 0.23 0.02 1.5 vorth Carolina Reprogramming of the laboratory -information -management system that makes this report possible Is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard envirottntental quality. - Steve TrWer, Commissioner of Agriculture Sampson County FSA vvettanaueterminationmentmers UISGIMMOCIVelWnaEaemalaaaa414A1e}ae$erRMeSize. snaps, Q Retlrkhd Use or spectlic delirmination of the area. Refer 10 your original datarminalfan (CPA-026 and attached maps) for exact welland ACC [ S , Farm 6367 .�t���t �� Lhnte9d Radridlom boundaries and delerminations, or contact NRCS. ® Exam hom Conservallon Com henea Provisions + ��� N �� ,� �P� " � �`� • 'M1%�'� 3 �, fie! � v v t � ��' 8 i4 x� arr ,i 4i'k��.��. � ��s�'r ' �: -�y ' iA _.c• 4 r_ y • ' � � �/ �} 1 � �ir�ty /`��y" A'rC I 4 �- � "� +' i7 �� � tsP� v l` -�t �A } - k y l S� Gr :rx�� �►" tiN L,.- 4 J r E �;. d p -• r.r.} yye�t:-�s5 z*` ..i ,. t ' ?� - „'Fry !' �pi'� .itl !' �• , rj a� "��' }'iN � �f�1 11" �'EY I:.� +�'� � _ rw•' .�5�_ d_ ,rtr aryl :. «{ ��� rr � •t�� i�♦�i-. � 1 •fI v f,r =i,�3 .>�i� 'r.Y"`�,+;-,� 4 iF ",y s }. rV {� frt1 C,. ` f;� r ' •t! r°T i�=�. LSi�7.'.i •!F'LZt.f°�^n;d?}9+,�[ :fe.x ' r _y�,jrt .+i Syr !'!x ^. .,fir. ' ♦-.; <(�cit, 7 - C..`i-r+ F14.}l ''i NORM".. "... "Y �i � .. i� • � ,�j�' �dl� �:u,4 Y %1:'. '� 1��� v �A�1m `� E��'��.N' ' j 77�. 1• .tr if i s. 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Y vC''ryyi�7`� j .+5'* r.•ni ° • f k� f EIiF+��r, �.�i"r{Fyrl� e i,=� irZ "a 14: •_r'E: 17aaF��it nr . i>ry y�t%ma.la I '�i Jf i\IY lyJ;ry; n amfi - E - 19�a'. 11 �',g�lrg = °yyi _ "... X.frY ?l ash A fff;f!� Map for t Total Cropland Acres _� �, 27.5 :,Foci;- f R -0, 7Kmu O2M'5M'V 'AU .. vs.w MRS f caS. N ilk CA -44 '431 soma Mal iz _0 w Im w t I -w "O A'z1v tSPN B F n . ...... VIE 0 1�jk AR Z t4 0, Rif •,L4V x iz GM y�SN e�7 It AIN, iT w �4R P 4 m "AN M,R; r.j 'k, ow-- J. R p MQ t Mm qN: G VS, S Uli? ,60 Adis, . WE-;, "S , , Z�l IWO Qk W-Vi 1; Wal tLm " rli . iw, w . .. , , � TaliK why, Q, Milk ...... MR. W., MR, S 0g. e Nis ,Tom .-_l v- AlA,�N�" •ZOf00171wll�,M gk Mv 'Pl. ; ta� Sr- ;'g. WIMP IN Z§W AZ� kw�;g''UN �d ca 011 i0 T4 10"1 ' N5 1,n U �1,eta t ml ,VI1N- 1f t'� f "5:' y , . y +1 }y y.C.Qi, r r �:t�:r� i t.tr . \K j ' � . S•4i _ 1 M4':�'�'i,NM: lia Z lk not q:_g Rl 'POT. ga j -M �n z �0(0V� Revels, Ric dZy ssc � From: Barber, Jim Sent: Friday, May 14, 2010 2:30 PM To: Barnhardt, Art; Revels, Ricky Subject: Poultry litter complaint Attachments: Map to 1080 Dairy Rd.pdf; Litter Pile Almond Property.pdf ..1r.✓� 1Llt. �t•�{•.l Art & Ricky; 4P.P #-LV74O . r w.i le �/4?.- G2 oae� ..1 f�r b t e s/ YCr V—(r+ 3 1`!T I received a call today around 1pm from Ms. Lori Hill from Troy NC. Her complaint concerns the storage of poultry litter adjacent to her father's home located on Dairy Road, south of Troy off of Hwy 24/27/109 (see attached map). Ms. Hill estimates the litter has been stockpiled on the property owned by JarrodI& Beverly Almond (see attached GIS info from Montgomery County) since March 2010, uncovered. During the colder m the the litter didn't pose a nuisance. Now that the temperatures have risen, so has the odor and fly problerri. Ms. Hill can be reached at 910-572-1206. Her father, Mr. Larry Russell, can be (1098 Dairy Road, Troy NC 27371). �r I have not opened a BIMS incident record for this complaint. Jim Barber �I�ur� �l;rl 0 ID9 LYK-I �4 ew,.q �t. � tJ "o yl�iG ',-2'-7371 at his home at 910-572-4995 C( i D-15q a- 3?q 3 71 t LJC 1 Reels, Ricky . From: Barnhardt, Art Sent: Monday, May 17, 2010 9:01 AM To: Barber, Jim; Revels, Ricky Subject: RE: Poultry litter complaint Ricky will assign this to someone in the Animal Program. Thanks ArtB From: Barber, Jim Sent: Friday, May 14, 2010 2:30 PM To: Barnhardt, Art; Revels, Ricky Subject: Poultry litter complaint Art & Ricky; I received a call today around 1pm from Ms. Lori Hill from Troy NC. Her complaint concerns the storage of poultry litter adjacent to her father's home located on Dairy Road, south of Troy off of Hwy 24/27/109 (see attached map).'Ms. Hill estimates the litter has been stockpiled on the property owned by Jarrod & Beverly Almond (see attached GIS info from Montgomery County) since March 2010, uncovered. During the colder months the litter didn't pose a nuisance. Now that the temperatures have risen, so has the odor and fly problem. Ms. Hill can be reached at 910-572-1206. Her father, Mr. Larry Russell, can be reached at his home at 910-572-4995 (1098 Dairy Road, Troy NC 27371). I have not opened a BIMS incident record for this complaint. Jim Barber s Page 1 of 2 MAPQUEST Trip to 1080 Dairy Rd Troy, NC 27371-8308 33.31 miles - about 45 minutes Notes 40 707 Pinehurst Ave, Cartilage, NC 28327 1. Start out going NORTH on PINEHURST AVE toward E go 0.4 mi SAUNDERS ST 2. Turn LEFT onto MONROE ST 1 NC-241 NC-27 go 0.4 mi 3. Enter next roundabout and take 2nd exit onto NC-24 W ! o 32.2 mi Law NC-27 W 9 T, .� Turn RIGHT TuRIGHT o! onto DAIRY RD NC-1138 go 0.4 mi w� . ® 5 1080 DAIRY RD Ts on the LEFT go 0 0 mi 40 1080 Dairy Rd, Troy, NC 27371-8308 Total Travel Estimate : 33.31 miles - about 45 minutes Route Map Hide http;Hwww.mapquest.com/print 5/24/2010 Page 2 of 2 M_APa11EST. 0! f 4 km Sennett / 4 mi � y421 j - - KA L W E Robbins 4 , 15 r Carthago -- Candor M 00 R c 0 Seven Lakes O n - Mount C9ilead Orman Southern PinesC - .....L Aberdeen G N, G ` Pineblu€f 0 ®Zola MapQutst Portions 02010 NAVtEO, Inttrsap A!I righter served. Use subject to License/Copyright I Mao Legend Directions and maps are informational only. tale make no warranties on the accuracy of their content. road wnditions or route usability or expeditiousness You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from Your use of MapQuest. Your use of Mapruest means you agree to our Terms of Use http://www.mapquest.com/print 5/24/2010 7f' WWI 1. NEXT, Son N. A ler Vollw� AOKI? Y A lwwww kk0 now 4114 CK w - ..P.'I'V"I._ Farm-_S]udge ®Es'char e__ NQV 2Q-° -4.;DV 315 Enforce -men #_? OL _ f�'Lr {� •� 1 D• - Dixie Chops� Fairc€oth Sludge i=ield h f Legend ' .. _ _- - - t a .�fi- _ r; r High_strith" -�` . Sam p1e; Points .Blue Line Streams —'DischargeAll'eas._ - r� - �. ...' ,.�, .`.. .-.t� rti - y�%. r- -� 'Pi:operty Liries- r�-, asLF` •'." i... _ Z. �v1 - •'4S x _ r �� s f�:_ - ..„ �"_ -.,.. .. 'A �' i y '�wi Z �-'`'z.'.' 1 - ._ , ja I-�srsyrs• - RM. Far Slu -�� '.; -'charge AV.�SV2®-1 r - NOV-2014- 3 5 Enf6rcern ot�# . f-.=-_j !'�,.. •_ _ __ 7 _-._".:!'<� � .. - --mac__ _-.. .# Dixie Chops d r DoWhstream L _ - D�'.'.--�...�—•��"�'�� mac, - _ � � _ �"_.� kw-v!s',r- .Faffcloth - ', r "+•�. J,.�,:`•�".ter „ .s - _ ;`: _ - ;:.X.�� i _ --Sludge Field r �# g e Sample Points Blue Line Streams` Discharge Areas s- _ 4 ` _y�•��y 0 Property LinesN,ghsr���3� • , . - s - 4 - ` ; �~ fi��• �_=.. eft �,' 187 Dixie Chops Lane Clinton, NC 28328 September 6, 2010 NCDENR Attn: Robert Marble 225 Green St., Ste. 714 Fayetteville, NC 28301 Re: NOTICE OF DEFICIENCY Dixie Chops Farm, Inc.,Facility #82-143 AWS820143 Sampson County Dear Mr. Marble, RECEIVED SEP 0 9 2010 DENR-FAYEiiENLLE REGIONAL OFRCE This letter is in response of your allegations received in a certified letter dated August 11, 2010. A visit was made to my farm on June 30, 2010, by the NC Division of Water Quality (DWQ)-Aquifer Protection Section (APS) for the purposes of investigating sludge application. I spoke with the individuals and went with them to the site of the sludge runoff. We then traveled to my lagoon. I pointed out to the DWQ representatives a pipe that had been found after sludge removal that was placed in the lagoon many years ago before I was the owner. The DWQ representative instructed me to cap off the pipe, and reassured me that I would not be penalized for someone else's negligence. While at the lagoon site, nothing was mentioned regarding my failure to properly maintain the lagoon. At the time of DWQ's visit, the lagoon had not been altered in any manner other than the sludge removal. In some places, the banks of the lagoon were scraped upwards due to the movement of the sludge equipment. The sludge removal had been completed nine days prior to DWQ's visit, and we had received heavy rains during that time causing the banks of the lagoon to wash more. It was my plan, when weather permitted, to repair the damaged lagoon banks, and sow rye and fescue seed to hold the soil in place. At the time of DWQ's visit these things had not been completed. With my tractor, I leveled the dam surrounding the lagoon and filled in any places that were washed out. Cover crop was then sown on the lagoon banks to prevent future washing and redistribution of the soil. I do not see these as major structural repairs to the lagoon, but as general maintenance that is needed after sludge removal and heavy rain. I look forward to hearing from you regarding this matter. Sincerely, Richard E. Edwards cc: Keith Larick-CAFO Unit I A-a�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Edwards 187 Dixie Chops Lane Clinton, NC 28328 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary AQUIFER PROTECTION SECTION August 11, 2010 Subject: NOTICE OF DEFICIENCY Dixie Chops Farm, Inc., Facility 482-143 A W S820143 Sampson County Dear Mr. Edwards: On June 30, 2010, staff of the NC Division of Water Quality (DWQ) - Aquifer Protection Section (APS) were at your facility to investigate a sludge application issue. This will be addressed in a separate correspondence. The lagoon had been pumped down and the sludge removed. The inside walls of the lagoon were scraped upwards to redistribute soil that had slid down. This redistribution of soil can damage the lagoon dikes and compromise integrity. Work of this nature must be certified by a technical specialist. You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuantto 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000, as follows: Deficiency 1: Failure to maintain lagoon in accordance with the facility's Certified Animal Waste Management Plan. "At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner (Permit No. AWG100000, Condition H.13)." AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carotin 28301 011C Phone: 910-433-33001 FAX: 910-486-07071 Customer Service: 1-877-623-6746 NorthCarolina Internet: www.h20.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer Natura!!J A r Cont. Paue Two August 11, 2010 Edwards, 82-143 Required Corrective Action for Deficiency 1: "Any major structural repairs to lagoons/storage ponds must have written documentation from a technical specialist certifying proper design and installation" (Permit No. AWG100000 Condition 1I?5). You are required to lake any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice.. please contact our office at (910)-433-3300. Sincerely, Robert Marble Environmental Specialist Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Murphy -Brown, LLC ALIT NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director AQUIFER PROTECTION SECTION August 16, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Edwards 187 Dixie Chops Lane Clinton, NC 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT N 0V-3Ojp-1)V_03(S Administrative Code 15A NCAC 2T. 1300 Dixie Chops, Inc., Facility #82-143 Permit No. AWS820143 Sampson County Dear Mr. Edwards: Dee Freeman Secretary 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 .1300, you have been found to be in violation of your 2T . 13 00 Permit. Violation 1: Discharge to surface waters or wetlands resulting from a failure to apply animal waste in accordance with the facility's Permit and Certified Animal Waste Management Plan (Permit No. AWG100000 Conditions 1.1, II.7) AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 Phone: 91OA33-3300 4 FAX: 910-486-07071 Customer Service: 1-877-623-6748 Internet www.h20.enr.state_nc.us An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Naturally L2 Richard Edwards Page 2 August 16, 2010 On June 30, 2010, DWQ personnel observed animal waste in the form of sludge outside a field boundary and in the woods near the Dixie Chops, Inc. swine facility. Subsequent investigation determined that the source of the sludge was from lagoon solids being removed from Dixie Chops, Inc. and land applied on the field adjacent to the sludge mentioned above_ Sludge was present in two separate heavily wooded areas on opposite sides of the application field. In both areas, sludge was observed extending down the hill where it had reached a surface water stream tributary of Great Coharie Creek. Additionally, water quality samples identified standard violations remaining several days after the runoff event occurred. Required Corrective Action for Violation 1: If you have not already done so, immediately cease application methods of animal waste/sludge that are not in compliance with your waste management plan and permit and take all necessary steps to insure this violation does not reoccur. Violation 2: Failure to notify the Division Regional Office of runoff that entered surface waters or wetlands. Section III. 13 d. There is no record of the Permittee contacting DWQ to report the discharge. Required Corrective Action for Violation 2: In the future, report any of the occurrences listed in section III. 13 of your permit as directed. Violation 3: Failure to have a Certified Animal Waste Management Plan (Sludge Removal Plan) prior to applying sludge on an application field in accordance with the facility's Permit (Permit No. AWG100000 Condition 1.1-3). On June 30, 2010, DWQ personnel observed evidence of animal waste land application at the site previously mentioned. The permittee stated the sludge was applied to the field on June 21, 2010. The Sludge Plan for this facility was dated July 3, 2010. The plan must be completed before any sludge can be applied to application fields. Required Corrective Action for Violation 3: No additional corrective action is required for Violation 3. The Sludge Plan dated July 3, 2010 was received in our office on July 7, 2010. In the future, any additional modifications to your waste plan must be completed prior to implementing the modified waste application activities. w46 Richard Edwards Page 3 August 16, 2010 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before August 31, 2010: 1. Please have the OIC for this farm include an explanation as to how this violation occurred. 2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. If you have any questions concerning this Notice, please contact me at (910)-433-3300. Sincerely, Stephen A. Barnhardt Regional Aquifer Protection Supervisor Fayetteville Regional Office cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy -Brown, LLC Marble, Robert From: Barnhardt, Art Sent: Monday, August 23, 2010 3:07 PM To: Marble, Robert Subject: Edwards Farm -Lagoon Richard Edwards called to inquire about the specifics regarding the lagoon deficiency. He was a little unsure of what the problem is. Please call him and give him some specifics and discussion time on what we observed. He was most concerned about this being the first he had heard of an issue, seems that there was no on -site discussion about it with him, which I can understand his perspective. Anyway, please give him a call about this. Thanks Stephen A. Barnhardt, L.G. Aquifer Protection Section Supervisor NC Division of Water Quality Fayetteville Regional Office art.barnhardt@ncdenr.eov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 910- -/ 799 Permit Number AWG100000 Domestic and/or industrial wastewater from showers, toilets, sinks, etc, shall not be discharged into the animal waste collection, treatment, storage, and application system. Washdown of stock trailers owned by and used to transport animals to and from the facility only, will be permissible as long as the system has been evaluated and approved to accommodate the additional volume. Only those cleaning agents and soaps that are EPA approved according to their label, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered by this General Permit. Instruction labels are to be followed when using cleaning agents and soaps. 10. Disposal of dead animals resulting from normal mortality rates associated with the facility shall be done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations. Disposal of dead animals whose numbers exceed normal mortality rates associated with the facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary Division's Statutes and regulations provided that: 1) burial of such animals shall be done in consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers of the animals buried by species and type must be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer Protection Section within fifteen (15) calendar days of burial. In the event of a state of emergency declared by the Governor, disposal of dead animals shall be done in accordance with requirements and guidelines dictated by the State Veterinarian according G.S. §106-339.4. The Division may require groundwater monitoring when there is massive burial of animals. All burial sites of such animals must be mapped, and the dates and numbers of the animals buried by species and type must be recorded. H. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the waste lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 12. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed. (93- At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner. 14. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 15. The facility must have at least one of the following items at all times: (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, or (c) a contract with a third party applicator capable of providing adequate waste application. February 20, 2009 Permit Number AWG100000 23. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213 pounds per acre). 24. 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. The results must be documented on forms provided by, or approved by, the Division. 2S. Any major structural repairs "to lagoons/storage ponds must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond embankment or liner. 26. Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized unless other management practices are approved in the CAWMP. 27. In accordance with NRCS North Carolina Conservation Practice Standard No. 359 "Waste Treatment Lagoon", an operator may temporarily lower lagoon levels to provide irrigation water during drought periods and to provide additional temporary storage for excessive rainfall during the hurricane season and in preparation for the following winter months. All conditions of NRCS NC Standard No. 359 must be satisfied prior to lowering lagoon levels below designed stop pump levels. III. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge of waste. 2. Monitoring and Recording Freeboard Levels a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. The waste level in each lagoon with a waste level gauge shall be monitored and recorded weekly on forms supplied by or approved by the Division. The Director may require more frequent monitoring and recording of waste levels based on the facility's compliance history for freeboard violations. Any facility which experiences freeboard violations in any two consecutive years following the issuance of this General Permit, or as determined necessary by the Director, shall monitor and record waste levels as follows: February 20, 2009 1'f.t\ Cm-`,`d o-fl ce- Lbcume,,,�-- 1. Multiply the PAN generated by the animals by 25%. For example - a 4896 head feeder to finish operation generates 11,261 lbs PAN/year. Multiply by 25% = 2,815 lbs PAN. Add the amount (2,815 lbs PAN) to the farm's overall PAN deficit to calculate an adjusted PAN deficit. 2. If the adjusted PAN deficit results in a surplus of PAN, any cropping change will require the entire WUP to be revised. If the adjusted PAN balance remains in a deficit, go to the next step. 3. Add the amount of PAN affected by the cropping change to the adjusted PAN deficit. For example - if a producer plans to change a 55.2 acre field of Coastal Bermuda on a Goldsboro soil from hay to row crops, the PAN affected is the maximum lbs of PAN utilized by 55.2 acres Coastal Bermuda hay field. For this example, 16,339 lbs PAN for a GoA soil is added to the adjusted PAN deficit. 4. If the re -adjusted PAN deficit results in a surplus of PAN, the cropping change will require the WLT to be revised. If the adjusted PAN deficit remains in a deficit, the WUP may be amended to reflect the cropping change. See item 1.5 for additional WUP Amendment information. Change in crops and/or cropping pattern include: • Change in crop types (e.g. Fescue to Hybrid Bermuda, grass to row systems. etc.) • Converting from hay to graze systems. It is not considered a cropping change converting from a graze to hay system as long as the operation uses the current PAN rate in the WUP. • Fields affected by "High" PLAT ratings for NPDES farms and other subject facilities as identified bV DW . For example - the 55.2 acre Coastal Bermuda hay field on GoA soils can use 296 lbs PAN/acre but only 80 lbs P/acre for phosphorus removal. Balancing for phosphorus will result in 73% reduction of animal waste PAN that can be used by the Bermudagrass and equates to a reduction of 11,927 lbs PAN for crop uptake in overall farm PAN balance. • Removal of fields that were PLAT rated as "Very High" from the WUP for NPDES farms and other subject facilities as identified by DWO. Any change to an existing WUP, whether an amendment or revision must incorporate the most current approved Animal Waste Application Windows (see Appendix L I A), and must be signed and dated by both the owner and a technical specialist for the new WUP to be valid. A revision of the WUP only does not require recertification. Recertification is only required for major changes to the CAWMP (Appendix 2.5A). Major changes include: I. An increase in the number of animals (or decrease in animal numbers due to lack of available acreage and/or receiving crops, and/or an overall farm PAN balance that results in surplus PAN) 2. Change in type of operation (e.g. converting from a feeder to finish operation to wean to feeder operation - see item 2.2) 3. Retrofit of an existing animal waste management system (e.g. major repair of dike walls and/or installation of a new component) 4. Installation of a new irrigation system including hardware and hydrants For systems that have been issued an individual permit or Certificate of Coverage (COC) under a General Permit for Animal Waste, major changes to a facility must first be approved by DWQ. The new CAWMP and the certification shall be submitted with a request that the permit or COC be amended to reflect the changes. The facility may not make the changes until a new or amended permit or COC has been issued. 1-3 hour utc ZEST 6/16110� 6/17/101 6/18/10 6/19/10 6/20/101 6/21/10 6/22/10 6/23/10 6/24/10 6/25/10 6/26/10 6/27/10 6/28/10 6/29/10 6/30/10 0 9pm 1 .25-5 1 .25-.5 1 ,1-.25 1 10pm 25 .5 .5-.75 '01-.1 2 lipm 3 12p m 01-1 4 1 a m I .01-.1 .01-.1 5 j 2 a m I .01-1 6 3am 7I4am 8 9 ldl7am 11 12 13110am 14I 5am 6am 8am 9arn llam I j i f 15112noon 16 17 1pm 2pm .01-.1 18 3pm 01-.1 1101-A .25 .5 19 4pm 20 5pm } .01-.1 21 6pm 01 ,1 .01-.1 22 7pm I 23I8pm -01-.1 I.01-.1 1,25 .5-.75 I.01-.1 .01-.1 I Hourly total rainfall from Nation Weather Service in inches. Data extracted on 8/24110 by Art Barnhardt, to be used in determining enforcement factors and relates to the area around Dixie Chops Farms. Data can be reproduced at http://www.srh.noaa.gov/rfcshare/precip_analysis_hourly,ph p Z a," e NCDENR North Carolina. Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K. Sullins Governor Director AQUIEER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Dixie Chops, Inc Mr. Richard Edwards 187 Dixie Chops Lane Clinton NC 28328 Subject: Mr. Edwards: Reuuest for Information PM Farm 482-143 AWS820143 Sampson County Incident 201001997 July 12, 2010 Dee Freeman On June 30, 2010 the NC Division of Water Quality, Aquifer Protection Section was notified of a sludge discharge originating from the farm lagoon cleanout on or about June 21, 2010. We wish to thank you for cooperation during the preliminary field investigation. Please provide the following information with respect to this incident. 1- Contact information for the sludge applicator 2- Copies of records provided by the applicator as to loads hauled, dates, times, amounts, destinations, etc. 3- A signed copy of the entire Sludge Management Plan for this lagoon cleanout event. Please include all laboratory analyses for sludge and soil plus relevant maps and any landowner authorizations to apply waste 4- Rainfall records from the farm for June 2010 5- A comprehensive narrative of events and people involved in the sludge application event North Carolina Division of Water Quality Internet: www.ncwaterguality.orcl 225 Green St-, Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 NorthCarofina Nahmally An Equal Opponunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Richard Edwards July 12, 2010 Page 2 Please provide a written response on the above items to this office by July 28, 2010. A blank change of Operator In Charge (OIC) form is attached, if you wish to use it. Currently the farm OIC is listed as Jimmy McLamb in our database. If submitted, this should be sent to our Raleigh office in the near future, using the address on the form. We request that you send a copy here, so we can check ensure that it is entered. If you have any questions concerning this notice, please contact me at (910) 433-3300. Sincerely, oan Schneier Environmental Specialist Fayetteville Regional Office cc: FRO Compliance Animal Files Attachment: Change of OIC form 1P1 Jq � 3 i o � o C`l C6 V v 't y r a � 4 \ � A V M s � � r - 1z pueljeq • xsex"V \ 4015 /u -�Jluw Q ,to h �' plo6ul rb' N Gs ,V/^q f e AN5 v�N -D-eoobh I loobhr -Jborbh l ,,Co! bb I ow IN y}nog 4 v Vcv- =w* e "�Q�(�'� puelieg 7s oe= YA""""ate ap IE a44-�� cpp�L ,t/ �aoSrZsl 08/0412010 12:41 9105920224 COH RIE NOG FARM INC PAGE 01IO2 200 Westover Road Clinton, NC 28-28 P-'-ole; 91 !!?2-,122 Fax: 1. Fax To: .L From: Fax:- D 70 Pages; Phone: '3 3 - 3 -333 L 7�^! Dater Re: �. � J CC: Urgent �r Rrview C Please Can+meM L, Please Reply Please Recycle Comments: 0-"/04/2010 12:41 9105920224 C:OHARIE HOG FARM INC PAGE 92/02 ANIMAL WASTE UTILIZATION AGREEMENT (,Veeded only if additional land has to he leased, etc.) I h Yc � hereby give ( �1,ri_ c r.�di r Permission to apply animal waste from his Waste Utilization System on acres of my land for the duration of time shown below. The field(s) on which waste can be applied are shown on the attached map. 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. 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'�i �• ,V ' f , IS yli 1 •t+f� ' r�'+il }rl I� � I � ._.., - J ,+I .., •t•1111 r- r :1; _' ,I .5 +a�' ,1 � 11'.�If4�5�,� T1,y( \- - ;7- ^ too 0 y�an E f ` - y s • {Ruaq ^ Rag �- _ -•per _ '` 'it s r i '-'�r"� p ? _ _ 14- J'~ - - - - -s 'QA_ -i -,� . _ • �• � -'R.,i '�,� ��� ,'.�-ram ' •1 __- F`_ __ _ _ = r 7�� n �cti � . �_ __ - .ii a$-r �aeY � F.. ' . ty _ '_ +%..r! Y—_ -r � - � _ - ^ems 'i', _ �_x -�rl+�-��• � ?"�;5 " _ — - - - _ • " __ ems' _ • - _ a_•_ta 6 f +ate _ _ ���1�Y4..iwt3w.��. •d+.J y�of • _ - J -- y �Y.t�� i a ti low .-� - z TNT • Rcellfi 6� Pl01-� W-s via 47 Nutrient Management Plan For Animal Waste Utilization This plan has been prepared for: Dixie Chops Inc Richard E Edwards 187 Dixie Chops Lane Clinton, NC 28328 910-592-1799 06-08-2010 This plan has been developed by: Samuel G. Warren NRCS/Sampson SWCD 84 County Complex Rd. Clinton, NC 28328 910-592-7963 Developer Signature Type of Plan: Nutrient Management with Manure Only Owner Mi anagerlProducer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning anima] waste management that are included with this plan. Signature (owner) Signature (manager or producer) 06Y / c> Date Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. I-*, -- n Plan Approved By: G '!0C 6-9 --10 Technical Specialist Signature Date Sap— 4"'vs N-Lp�xt J U �" 522540 Database Version 3.1 Date Printed: 06-08-2010 Cover Page 1 .dutrients applied in accordance with this plan will be supplied from the following source(s): Commercial Fertilizer is not included in this plan. U4 Dixie Chops SIudge waste generated 1,091,500 gals/year by a 2,950 animal Swine Finishing Lagoon Sludge operation. This production facility has waste storage capacities of approximately 0 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 11640 Incorporated 13869 Injected 14860 Irrigated 10897 Max. Avail. PA14 (lbs) * Actual PAN Applied (1bs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year 1 11,640 6845 4,795 641,842 449,658 This plan includes a User Defined Source to determine the total pounds of PAN in lieu of NRCS Standard values. Refer to North Carolina Cooperative Extension Service publication AG-43942 entitled "Soil Facts: Use of On -Farm Records for Modifying a Certified Animal Waste Management Plan" for guidance on using on -farm records to develop a User Defined Source. Os: �� ac+- Pad �`' a--� � I �3 � o o ct I�cz• s o� �S��y� , �„s p��H /S CIA�QUIY/i- r o} �i d'� c•� C �-r ` � s Ile- -- -------- - ------------- -- --- Note: In source iD, S means standard source, U means user defined source. ------------------------------------------- * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 522540 Database Version 3.1 Date Printed: 06-08-2010 Source Page Page 1 of 1 The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland heeded to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to �\ maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization Table Vpar 1 Tract Field Source ID Soil Series Total Acres Use, Acres Crop RYE; Applic. Period Nitrogen PA Nutrient keq'd (lbslA) Comm. Fen. Nutrient Applied (lbslA) Res. (IWA) Applic. Method Manure PA NutricnLA pplied (lbs/A) Liquid ManureA pplied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N P N 1000 gallA Tons 1000 gals tons 1702 2 U4 Blanton 4,90 4.70 Hybrid Bermudagrass Flay 4.5 "Irons 3/1.9/30 215 0 0 Broad. 48 4.50 0.00 21.16 0.00 1702 3-1 U4 Blanton 21.00 21.00 Hybrid Bermudagrass Flay 4,5 Tons 3/1-9130 215 0 0 Broad. 48 4.50 0,00 94.52 0.00 1702 3-2 U4 Blanton 20.00 20.00 Hybrid Bermudagrass Flay 4.5 Tons 3/1-9/30 215 0 0 Broad. 48 4.50 0.00 90.02 0.00 1702 4 U4 Blanton 28.90 28.40 Hybrid 1ermudagrass Clay 4.5 "Irons 3/1-9l30 215 0 0 Broad. 48 4.50 0.00 127 83 0.00 1702 5.1 U4 Blanton 26.00 26.00 Hybrid Bermudagrass Huy 4.5'l'ons 3/1-9/30 215 0 0 Broad, 48 4.50 0.00 117.03 0.00 1702 5-2 U4 Blanton 26.00 26.00 Hybrid Bemutdagrass Hay 4.5 Torts 3/1-9130 20 0 0 ]goad. rb IUD 48 4.50 0.00 117,03 O.UO 5371 1 U4 Wagram 13.10 13.00 Soybeans, Manured, Full Season 28 bu. 4/1-9/15 111 0 0 Broad. ' 0 24 2.25 0.00 29.26 0.00 5423 1-1 U4 Wagram 40.50 20.00 Soybeans, Manured, Full Season 28 bu. 411-9/15 111 0 0 Broad. 24 2,25 0.00 45.01 0.00 Total Applied, 1000 gallons 641.84 } Total Produced, 1000 gallons 1,091.50 ' Balance, WOO gallons 449.66 Total Applied, tons U.OD 'rural Produced, tans 0.00 Balance, tons 12 ME 0.00 Notes: 1. In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. 522540 Database Version 3.1 Date Printed: 6/8/2010 WUT Page Page I of I 10 VI�a n c Nutrient Management Plan For Animal Waste Utilization This plan has been prepared for: Dixie Chops Inc Richard E Edwards 187 Dixie Chops Lane Clinton, NC 28328 910-5 9 2-1799 115 06-29-2010 This plan has been developed by: Samuel G. Warren NRCS/Sampson SWCD 84 County Complex Rd. Clinton, NC 28328 910-592-7963 Developer Signature Type of Plan: Nutrient Management with Manure Only Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established in this nutrient management plan which includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning anima] waste management that are included with this plan. Signature (owner) Signature (manager or producer) Date Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By: Technical Specialist Signature Date f VQ-��'- ti��- -t �]�-.[�` �u.55� w1 Ora- v-t �e-4 Z (;- 1-q 620 a n-e - s . ' ----------------- ----- - ------------------------------ ----------------------------------------------------------- Preview Database Version 3.1 Date Printed: 06-29-2010 Cover Paee 1 r' r r h4 Nutrients applied in accordance with this plan will be supplied from the following source(s): d Commercial Fertilizer is not included in this plan. ;1 a� fa Q i e. U4 Dixie Chops Sludge waste generated 1,091,500 gals/year by a 2,950 animal Swine Finishing Lagoon Sludge operation. This production facility has waste storage capacities of approximately 0 days. Estimated Pounds of Plant Available Nitrogen Generated per Year Broadcast 11640 Incorporated 13869 Injected 14860 Irrigated 10897 Max. Avail. PAN (lbs) * Actual PAN Applied (lbs) PAN Surplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) Year 1 11,640 7325 4,315 686,852 404,648 This plan includes a User Defined Source to determine the total pounds of PAN in lieu r of NRCS Standard values. Refer to North Carolina Cooperative Extension Service publication AG-43942 entitled "Soil Facts: Use of On -Farm Records for Modifying a Certified Animal Waste Management Plan" for guidance on using on -farm records to develop a User Defined Source. I V G x y y 11691D No -te: --------- -.------------- ------------------------------------------------- ------------------------------------------------------------------------------------In source Ill, 5 means standard source, U means user defined source * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. Preview Database Version 3.1 Date Printed: 06-29-2010 Source Page Page 1 of I The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed tt� the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Utilization 'fable Year I Tract Field Source B) Soil Series Total Acres Use. Acres Crop RYli Applic. Period Nitrogen PA Nutrient Req'd (lbs/A) Conlin. 1 Ferl. Nutrient Applied (lbs/A) Res. (lbs/A) Apprc. Method Manure PA NulrientA pplied (Ibs/A) Liquid ManureA pplied (acre) Solid Manure Applied (acre) Liquid Manure Applied (Field) Solid Manure Applied (Field) N N N N 1000 gal/A Tons 1000 gals tons 1702 2 U4 Blanton 4.90 4.70 Hybrid Bermudagrass Hay 4.51'011s 3/1.9/30 215 0 0 Broad, 48 4.50 0.00 21.16 0.00 1702 3-1 U4 Blanton 21.00 21.00 Hybrid Bermudagrass Hay 4.5 Tons 3/1-9/30 215 0 0 Broad. 48 4.50 0.00 94.52 0.00 1702 3-2 U4 Blanton 20,00 20.00 hybrid Bermudagrass Hay 4.5 Tons 3/1-9/30 215 0 0 Broad, 48 4.50 0.00 90.02 0,00 1702 4 U4 Blanton 28,90 28.40 Hybrid Bermudagrass Hay 4.5 Tons 311-9/30 215 0 0 Broad, 48 4.50 0,00 127.83 0.00 1702 5-1 U4 Blanton 26-00 26.00 Hybrid Bermudagrass Hay 4.5 Tons 3/1-9/30 215 0 0 Broad. 48 4.50 0.00 117.03 0.00 1702 5-2 U4 Blanton 26.00 26.00 Hybrid Bernmdagrass Hay 4.5'Fons 311-9/30 215 0 0 Broad. 48 4.50 0,00 117.03 0.00 5371 1 U4 Wabrarn 13.10 13.00 Soybeans, Manured, lull Season 28 bu. 4/1-9/15 111 0 0 Broad. 24 2.251 0.00 29,26 0.00 5423 1-1 U4 iWagram 40.50 20.00 Soybeans, Manured, lull Season 28 bu. 411-9/15 111 0 0 Broad. 24 2.25 U.00 45.01 0.00 5423 1-2 1 U4 Wagram 40.50 20.00 Soybeans, Manured, Full Season 28 bu. 4/1-9115 111 0 0 Broad. 24 2.25 0.00 45.01 Q.G;E Total Applied, 10D0 gallons 686.85 Total Produced, 1000 gallons 1,091.50 Balance, 1000 gallons 404.65 Total Applied, tons +' 0.00 Total Produced, tons 0.00 Balance, Ions 0.00 Notes: 1, In the tract column, - symbol means leased, otherwise, owned. 2. Symbol * means user entered data. Preview Database Version 3.1 Date Printed: 6/29/2010 WUT Page Page I of 1 0 Joan s Station: CLIN - Horticultural Crops Research Stn Date of first observation: April 17, 1984 Station type: ECONET - Tower City, State: Clinton, NC County: Sampson County Latitude: 35.022180 Longitude:-78.28195' Elevation: 166 feet above sea level Climate division: NC06 - Southern Coastal Plain River basin: Black Supported by: NC Agricultural Research Service This page is created dynamically and should not be bookmarked. Instead, bookmark the page preceeding this. Retrieving daily data from Horticultural Crops Research Stn for past 90 day(s) 90 records found for this time period (100% data available) If you need more historical data from a larger period of record, please contact us for assistance E Date/Time of ob Daily Precipitation at 1 m (in) 04/03/2010 0* 04/04/2010 0' 04/05/2010 0 04/06/2010 0'� 04/07/2010 0* 04/08/2010 0 04/09/2010 0.18 04/ 10/2010 0 04/11/2010 0* 04/12/2010 0* 04/13/2010 0 04/ 14/2010 0' 04/15/2010 0` 04/16/2010 0* 04/17/2010 0* 04/18/2010 0 04/ 19/2010 0 04/20/2010 0 Joan s 04/21 /2010 0.2 04/22/2010 0# 04/23/2010 0* 04/24/2010 0.01 04/25/2010 0.09* 04/26/2010 0* 04/27/2010 0* 04/28/2010 0� 04/29/2010 0* 04/30/2010 0* 05/01/2010 0* 05/02/2010 0* 05/03/2010 0* 05/04/2010 0.19* 05/05/2010 0 05/06/2010 0* 05/07/2010 0* 05/08/2010 0* 05/09/2010 0 05/10/2010 0 05/11/2010 0* 05/12/2010 0* D5/13/2010 0* D5/14/2010 0 05/15/2010 0* D5/16/2010 0.14* 05/ 17/2010 1 * 05/18/2010 0.74* 05/19/2010 Q.2* D5/20/2010 0 D5/21 /2010 0'> D5/22/2010 0* Joan s 05123/2010 2.08 05/24/2010 0.92# 05/25/2010 0.03` 05/26/2010 0 05/27/2010 0* 05/28/2010 0.15 05/29/2010 0.37 05/30/2010 0 05/31/2010 0 06/01 /2010 Q.19 06/02/2010 0.04 06/03/2010 0* 06/04/2010 0 06/05/2010 0 06/06/2010 0* 06/07/2010 0 06/08/2010 0' 06/09/2010 0* 06/10/2010 0.32* 06/11/2010 0 06/12/2010 Ox 06/13/2010 1.54 06/14/2010 0* 06/15/2010 0* 06/16/2010 0 06/17/2010 0* 06/18/2010 0* 06/19/2010 0* 06/20/2010 0.85 06/21 /2010 0 06/22/2010 0 06/23/2010 0.13 joan s 06/24/2010 0 06/25/2010 1.99 06/26/2010 0.01 06/27/2010 0* 06/28/2010 0* 06/29/2010 0.04* 06/30/2010 0.05# 07/01/2010 0 Quality Control flags that may appear above 90 Not yet quality checked R 0 Possible range failure B 0 Possible buddy check failure N 0 Data point differs from NCDC data set E 0 Extracted/Augmented from NCDC Surface Airways Data A 0 Augmented from old AgNet files M Recovered from the Bulletin Board System from 1978-1992 P 0 Precipitation Estimate from RADAR Q Value from NCDC's Quality -Controlled LCD C Value from NCDC's Unedited LCD NC CRONOS Database version 2.7.2 Query script last modified May 06, 2010 19:44:27 Page expelled in 0.044 secs. August 14, 2006 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Acknowledgment of Receipt of Payment Case-No.-D V z05 -001 Farm # 82-143 Sampson County Dear Mr. McLamb: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Deparmieni of Enviranment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality REGO AUG 15 2003 DENR - FAYETfEV1LLE �__ REGIONAL OFIICE This letter is to acknowledge receipt of your check No. 5907 in the amount of S 120.03 on August 11, 2006. The balance of the penalty is $3,961.20. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. 1f you have any questions, please call me at (919) 715-6185. Sincerel , Dennis G. Lund Animal Feeding Operations Unit cc: APS-Fayetteville Regional Office Files # DV-05-001 APS Central Files tCarolina urally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwatercluality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 An Equal OpportunitylAEfirmadve Action Employer— 50% Recyded/10% Post Consumer Paper Customer Service: (877) 623-6748 o�oF wArERpG r > D�-C Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimei P.E. Director Division of Water Quality September 13, 2006 DEAR - FAYETiEVILLE REGiQNAI. OWE RE: Acknowledgment of Receipt of Payment Case No. DV-05-001 Farm # 82-143 Sampson County Dear Mr. McLamb: This letter is to acknowledge receipt of your check No, 5945 in the amount of $120.03 on September 11, 2006. The balance of the penalty is $3,841.17. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. On August 24, 2006, you requested via telephone to discontinue issuing Acknowledgment of Receipt of Payment letters. You utilize your canceled checks as verification of payments. Therefore in accordance with your request, we will not transmit any future Acknowledgment of Receipt of Payment letters for subsequent penalty payments. If you have any questions, please call me at (919) 715-6185. Sincere] Dennis G. Lund Animal Feeding Operations Unit cc: SAPS=Fayetteville Regional=0ffic Files # DV-05-001 APS Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatcrguali y.org Location: 2728 Capital Boulevard An Equal opportun4lAfBrmative Action Employer— 50% RMded110% Post Consumer Paper lva Carolina )1IVuru!!tf Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 RECEIVED ROY COOPER ATTORNEY GENERAL Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, N. C. 28328 �r o� u `L State of North Carolina Department of Justice 9001 Mail SeRlce Cenler RALEIGH, NORTH CAROLINA 27699-900 April 3, 2006 APR 0 4 2006 OEM -FAYERI: UERMOMLOfflCe ]ZHILY TO: l-ranriS W. Crawley Environmental Division 9001 Mail Service Center kulciuh. N.C. 27699 `001 (919) 716-N00 (919) 716-6767 RE: Assessment of Civil Penalties Against Kenneth McLamb, DNf 2005-001 Dear Mr. McLamb: You will find enclosed the ORDER of the Environmental Management Commission deferring your request for remission in order for you to submit relevant financial documentation to the Director of the Division of Water Quality to consider regarding your civil penalty assessment. Accordingly, you should submit your financial information as soon as you can to the Director as follows: Mr. Alan Klimek Director, Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Very truly yours, L--'�. rancis 1V Crawley a-e-� Special Deputy Attorney General Commission Counsel Enclosure cc: Bob Slcd+yc Lois Thomas STATE OF NORTH CAROLINA COUNTY OF SAMPSON 1N THE MATTER OF: } } Assessment of Civil Penalties ) Against ) KENNETH McLAMB ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION DV 05-001 ORDER THIS MATTER came before the Committee on Civil Penalty Remissions of the Environ nental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 14313-282.1, on March 9, 2006 upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of a civil penalty and investigation costs against Kenneth McLamb. When considering Kenneth McLamb's request for remission, the Committee was informed by Mr. McLamb of the financial hardship imposition of the civil penalty would have upon his livelihood. The material of record does not provide the Committee Nvith a showing of the individual's inability to pay a penalty and also accomplish the required remedial corrective action. A motion was made to defer the matter so that financial information could be presented to the Director for renewed consideration of the request for remission. Upon duly made motion and majority vote, the Committee deferred this matter to a future meeting to give Kenneth McLamb time to provide financial documentation for the Director's consideration prior to rescheduling of the request for remission before the Committee. THEREFORE, IT IS ORDERED that Kenneth McLamb's request for remission is deferred and Kenneth McLamb is directed to submit relevant financial documentation to the Director of the Division of Water Quality. -2- This the _,;VWday of March, 2006. D vid H. Obreati.,hairman Environmental Management Commission _3_ CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing ORDER on the parties listed below by the methods indicated: Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, N. C. 28328 US MAIL Mr. Art Barnhardt COURIER MAIL APS Regional Supervisor 225 Green Street, Suite 714 Fayetteville, N. C. 28301 This the 3rd day of April, 2006. ROY COOPER Attorney General Francis ��. Crawley Special Deputy Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, N.C. 27602-0629 919/716-6600 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 14, 2006 CERTIFIED MAIL — 7002 2410 0003 0274 3760 RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, NC 28328 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Permit No. NCA282143 Sampson County Case Number DV 05-001 Dear Mr. McLamb: Alan W. Klimek, P.E. Director Division of Water Quality RECE VI ED MAR 16 2065 OEM-FAYE7i1<1+MUERfpO offiCE On Thursday, March Wh, 2006 the Committee On Civil Penalty Remissions (the Committee) of the Environmental Management Commission (EMC) deferred rendering a decision for remission of the civil penalty assessed on your facility. The Committee deferred the decision to give you an opportunity to provide information to the Division regarding the financial hardship that may be caused by payment of the penalty. In order to make a determination of financial hardship, certain tax documents and individual financial data must be made available to the Division. Please provide the following information within 30 days of receipt of this letter: 1. 2004 Individual federal tax return 2. 2003 Individual federal tax return 3. 2002 Individual federal tax return 4. Completed Individual Ability to Pay Claim form (enclosed) The Division will analyze this information consistent with EPA's economic enforcement models guidance. Additional information on EPA's economic enforcement models is available at 11tt ://%VW%Nr.cpa.'�o y/com )Hance/6villeconmodels/index-lit nil. Results of the analysis will be provided to the Committee at the May 111h meeting. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.newaterouality.orp Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportun4/Atfirmalive Action Employer— 50% Recycledl10% Post Consumer Paper Telephone: Fax 1: Fax 2: Customer service: Na'r CaroIira ,�attrra!!y (919) 733-3221 (919) 715-0SX8 (919) 715-GW 8 (977) 623-6748 Mr. McLamb March 14, 2006 _ Page 2 of 2 As a reminder, the Division is willing to set-up a payment plan for the assessed penalty. Typically, the payment plans do not exceed 24 months but there are exceptions. You may continue to discuss payment options with Art Barnhardt, Fayetteville Regional Office Supervisor, who is authorized to settle the assessed civil penalty for a lesser amount. Mr. Barnhardt can be reached at (910) 486-1541. If you have any questions concerning this matter, please call Mr. Barnhardt at the above reference phone number or Paul Sherman at (919) 715-6697. Sincerely, SFr) AlanW. Klimek, P.E. A W K/mps enclosure cc: Art Barnhardt, Fayetteville Regional Office File # DV 05-001 APS Central Files W A TF9 C QG Michael F. Easley, Governor mot William G_ Ross Jr., Socretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 28, 2006 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Acknowledgment of Receipt of Payment Case No. DV-05-001 Farm # 82-143 Sampson County Dear Mr. McLamb: RECEIVE� JUN 2.9 2086 OERR - FAYEFf E1+1LLE REGIM OFRCE This letter is to acknowledge receipt of your check No. 5861 in the amount of $120.03 on June 23, 2006. The balance of the penalty is $4,201.26. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincere y, Dennis G. Lund Animal Feeding Operations Unit cc: �APS=Fayettev_ ille Regilonal Office -1 Files # DV-05-001 APS Central Files Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.newater uali .or Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpportunitylAffirmalive Action Employer— 50% Recycled/1 0% Post Consumer Paper tW Carolina ura!!y Telephone: (919) 733-3221 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 W a r�RQt: co O Y May 2, 2006 CERTIFIED MAIL — 7002 2410 0003 0274 3777 RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources RE: Settlement Agreement and Payment Schedule for Civil Penalty Case DV 05-001 C&D Farm Farm # 82-143 Sampson County Dear Mr. McLamb: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED MAY 0 5 2006 L?W - FA*-rTEW U REGfUW OWa This letter is to confirm that the Division of Water Quality has agreed to settle the civil penalty enforcement against you for $3,200 plus $1,121.29 in costs ($4,321.29 total penalty). You have requested a schedule for making partial payments toward the civil penalty. The Division is agreeable to a thirty-six (36) month payment schedule beginning on July 1, 2006 and continuing to June 1, 2009. There are thirty-five (35) payments of one hundred twenty dollars and three cents ($120.03) beginning on July 1, 2006 and one final payment of one hundred twenty dollars and twenty-four cents ($120.24). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the paMents by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: wwW.ncwaterRuality.orQ Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110%Post Consumer Paper Telephone: Fax 1: Fax 2: Customer Service: �J No Carolina 'aiura(Iyj* (919)733-3221 (919) 715-0588 (919) 715-6048 (977)623-6748 Mr. Kenneth McLamb May 2, 2006 Page 2 Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Paul Sherman D WQ-APS 1636 Mail Service Center -• : Raleigh, North Carolina 27699-1636 r If you have any questions, please call Mr. Paul Sherman at (919) 715-6697. Sincerely, Fes) Alan W. Klimek, P.E. AWK/mps Attachments cc: Art BamhdtERO=APS w/aattachm_ ent.; File DV 05-001 w/ attachment APS Central Files w/o attachment 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 24, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kenneth McLamb 382 Pig Cradle Lane Clinton, NC 28328 Re: Request for Information Sludge Survey Report C&D Farm NCA282143 Sampson County Dear Kenneth McLamb: Alan W, Klimek, P.E. Director Division of Water Quality Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA282143 Condition III.16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct a survey of the sludge accumulation in all lagoons within one (1) year of receiving the COC and every year thereafter. This survey shall include but not be limited to a sketch showing the depth of sludge in the various locations within each lagoon. This survey shall be submitted as part of the facility's annual report in the year it was conducted..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty (30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwaterquali , .ore Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal OpportunitylAftmative Action Employer— 50% Rwyded110% Post Consumer Paper t Carolina �tura!!y Telephone: (919) 733-3221 Fax L (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Kenneth McLamb 1 Page 2 4/24/2006 Please be advised that nothing in this letter should be taken as removing from you the responsibility or -liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Stephen . Barnhardt Fayetteville Regional Office CC' '-File 82-143 APS Central Files /3 Q�ot W A rFJ9QG s Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Naturai Resources O Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED Kenneth McLamb 382 Pig Cradle Lane Clinton, NC 28328 Re: Dear Kenneth McLamb: April 25, 2006 Notice of Violation/Notice of Intent Animal Facility Annual Certification Form C&D Farm NPDES Permit No.NCA282143 Sampson County You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition Ill. 12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March 1 of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.rlcwater uali .or Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Atfion Employer— 50% Recydedl10% Post Consumer Paper N Carolina Auturu!!'m Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Kenneth McLamb Page 2 April 25, 2006 if r% enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do.not hesitate to contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937, Sincerely, � . k 41c"I' Stephe A. Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 82-143, APS Central Files Murphy Brown Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District Good Afternoon/Moming Members of the Commission: My name is Art Barnhardt, Supervisor of the FRO AP Section. It is my responsibility at the regional office level to enforce WQ Rules of the Commission and State relating to CAFO and other programs areas as well. And it was my decision at the Regional Office Level to direct the FRO staff to assemble the necessary information, and request a Civil Penalty assessment in this matter before you today. This remission request is for a civil penalty assessment dated March 11, 2005 in the amount of $4,000.00 plus $1,121.29 in costs for a total of 5,121.29. A short background: On 12-15-05, the FRO obtained information of an ongoing discharge of swine waste located at the C&D Farm, 9 miles south of Clinton off Hwy 701. This farm is owned by Kenneth Mclamb, and the operator is Jimmy Mclamb. At approx. 4:OOpm DWQ staff arrived on site and discovered a spray irrigation gun pumping unattended, and causing a discharge by overland flow, By approx. 4:15 pm farm management had been contacted and the waste irrigation system was shut down. Waste was observed, and confirmed impacts were measured 3/4 mile from the source of the discharge at an unnamed tributary to the Great Coharie Creek. For the next two clays, C&D Farm personnel attempted to recover as much waste as possible with limited success. Contained in the Request for Remission Justification, Items b & c are noted as being applicable. I will respond to these two justifications and answer any questions the committee may have to the best of my ability. 1. (b) DWQ agrees that the Permittee did institute the necessary steps to attempt to abate the environmental damage to best of his ability. However due to the time required to mobilize equipment to the location, much of the waste that ran off from the application site was not recovered. 2. (c) DWQ does not wholly agree that the violation was inadvertent or the result of an accident. We do agree that it was not intentional, but we believe the discharge was the result of several poor choices to apply waste in a manner that did not meet the criteria of the facility's permit and waste management plan. Had these poor choices not been made, the discharge may have been avoided all together, and at a minimum it would have substantially reduced the volume. These choices include the following: a.) Apparently the sprayer was started and left unattended from 10.00 am to 4:15 pm (Dawn Williamson e-mail 1-10-05) when DWQ arrived on site. (the permit requires an inspection of the spay system every 120 minutes, therefore at Noon & 2:00pm there would have been opportunities to discover problems with the system such as the stuck nozzle) . b.) According to the waste plan, the section of the waste system where the discharge occurred can be sprayed at the given rate of 80 gpm (Dawn wilfiamson e-mail 1-10-05) 220 minutes before hydraulic overload. (the waste management plan allows only .h5 inches of wastewater per application event, therefore the system should have been cut off at 1:40 pm at the latest) In closing, on behalf of DWQ, I would like to recommend that the Committee uphold the penalty assessment in full. At this time I will be happy to address any questions from the committee. From: "Dawn WilIiamson"<dawnwilliamson@murphybrownllc.com> Date: Mon, 10 Jan 2005 15:04:18 -0500 To: <larry.baxley@ncmail.net> Larry Jimmy McLamb asked me to send you the #'s used to calculate the gallons lost listed on his press release. Maximum gallons released by the irrigation system: Run time 10:00 am - 4:15 pm at 80 GPM = 30000 Gal Total water recovered: 1st pump running at 20-30 gpm filled 7 tanks @ 300-400 gal each = 2450 gal Additional pump 10 hours pumping at 55 gpm = 33000 gal 8 hours pumping at 55 gpm = 26,400 gal Total water recovered = 61850 gal At the time I wrote the release, the recovery was still in progress with the second pump up & running for a few hours. The 8,000 gal listed on the press release was reflective of that specific time in the recovery effort. Let me know if you have any other questions. Dawn This email was scanned for Viruses by MailGuard - A corporate mail protection service from lnterStar 1 of] 1/10/2005 3:41 PM lL�L1 v~ 1 o ' LLC' Irrigation Equipment Field Calibration Form Location: ` I � . Date of Field Calibration: Flow Meter Serial Number: Equipment Number: Measured ring -size: • ;-� inches Is ring size ithin 0.01" of original manufactured size? Yes or No. If not replace ring. Q e- Pressure Gauge Readirigs. At Pump: At Traveler: psi (if applicable) At Sprinkler/Gun: t73� psi Expected Flow.Rate (from manufacturers chart): -Q r !:GPM Measure Flow Rate (from flow meter): S� GPM . - Flow rate variance -greater than 10% Yes No Expected Wetted Diameter (from the wettable acres determination)'S``'` '' fl•`' Measured Wetted Diameter: Wetted'diariieter variance geater than 15% &/or measured flow variance greater than l0%: Yes No V 'If Yes, then contact a technical specialist or irrigation dealer for assistance, enter work order number: And/or explain findings: - - Calibrator: (Signature) Irrigation Equipment Field Calibration Form4-1-03.doc Retention Period: 3 years JAN 12 2005 Original4/1/03 -1 . Irrigation Equipment Field Calibration Form.., Location: i Date of Field Calibration: (rnm/ddtyy Flow Meter SeriaG l Nurnber: - — �" Equipment Nuin' �� Measured ring size:. Y 7 inches Is ring size within 0.01" of original manufactured size? Yes or No. If not replace ring. Pressure Gauge Readings .. At Pump:. .psi At Traveler. �8 psi (if applicable) .Y At'Sprhakler/Gun: /y : psiiq Expected Flow Rate (from manu#actirrers chart}: ' 6a GPM Measure Floiv Rate (from flow'meter): :S `4 GPM Flow rate variance greater than 10% Yes No t/ Expected: Wetted.Diameter (from the'wettable acres determination) :. a ft.' Measured Wetted ft. Diameter: • ' ' ' :. -; .'; va- ,-. ., ." ' a •. - ', e."-' - .. . Wetted diai,.rreter:riance reater than 15%'&/or measured flow vanance'greater than''" 10%: Yes"' No' � If Yes, then contact a technical specialist or irrigation •, dealer for assistance, enter work orderhumber: And/or explain findings:.. Calibra Irrigation Equipment Field Calibration Form 4-1-03.doc Retention Period: 3 years JAN 12 - 2005 Original 411/03 Irrigation Equipment Field Calibration Form Location: Date of Field Calibration:, v � a .: ._ , . • . . nmVdd/yy) Flow Meter Serial Number: quipment Numi 6r: Measured ring size:. r - %� inches ' Is ring size within 0.01" of original manufactured size? Yes or No. If not replace ring. Pressure Gauge Readings At Pump: C�S .'psi At Traveler: psi (if applicable)- • At Spr�ler/Gun: psi , Expected Flow Rate (from manufacturers chart): _ GPM Measure Flow�Rate' (front flaw'meter): 6.2 ' GPM Flow rate variance greater than 10% Yes No Expected Wetted Diameter (from the wettable acres determination) Measured Wetted Diameter: ft."' ; ;` ``• 1,Vetted diameter variance greater than 15% &/or measured flaw vanance'greaier than 10%:• Yes• No If Yes, then contact a technical specialist or irrigation dealer for assistance, enter work oper number: Calibrator: (Signa:ure) v '• `yam i 9 Irrigation Equipment Field Calibration Form 4-1-03.doc Retention Period: 3 years Original 4/1/03 `'<, J F:''EFWASTE UTILIZATIONFPLAN`.� �- PRODUCER, LOCATION TELEPHONE: TYPE OPERATION NUMBER OF ANIMALS: (Design Capacity) Jimmy McLamb - C&D Farm 1243 Sunset Ave. Clinton, NC 28328 910-592-1516 Feeder - Finish 2950 1?L s.� tVC.- JAN 11 The waste from your animal 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 safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per 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 DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare 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 information on proper_ sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 21-1.0217 adopted by the Environmental Management Commission. 0 Page 1 WASTE=UTILIZATION,PLAN .�� „....�.; ...< . z.. . "mount of Waste Produced Per Year (gallons, ft, tons etc. 2,950 animals X 1.99 (tons) waste/animal/year = 5,605 (tons) waste/year. Amount of Plant Available Nitrogen (PAN) Produced Per Year 2,950 animals X 2.19 lbs. PAN/animallyear = 6,450 lbs. PAN/year. (PAN from N.C. Guide Std. 633) **See narrative for PAN reduction justification" Tech Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of #f No. Type Per Acre Utilized Application 10128 1 BoB Bermuda G 170 5.03 855.1 March - Sept 10128 2 BoB Bermuda G 170 6.32 1074.4 March - Sept 10128 2A BoB Bermuda G) 170 5.20 884 March - Se t 10128 3 BoB Bermuda G 170 13.00 2210 March - Sept All Small Grain G 50 29.55 1477.5 Sept - April 0 0 0 0 0 0 0 Total 1 29.551 6,501.00 J *This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based pa realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. F Page 2 V WASTE STUTILILNT-!PNPLAN-' X,L Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre* Utilized Application Total * See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 29.55 6,501 Table 2 0,00 - Total 29.55 6,501 Amount of N Produced 6,450 Surplus or Deficit (51 NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements, I Page 3 ... �► .' , � : __WASTE UTiL1ZAT�ON',PUAN,"' ���.��..a�.4 ;:�.. ,„. � � f '� ,... . See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Sofa Type Crop Application Application No. Rate (iniHr) Amount (In.) 1,2.2A,3 Bob Bermuda 0.75 0.65 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE 'A'ILL BE NEEDED FOR DRY LITTER OR SLURRY, Your facility is designed for 60 days of temporary storage and the temporary storage must be removed on the average of once every 2 MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation 'see lagoon design, Call the local Natural Resources Conservation Service (formerly Soil Conservation Service ) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. !Narrative of operation: This waste utilization plan is written for bermuda which is to_be grazed. If grower will make one hay cutting per year he may increase his PAN rate from 170 lbs. To 198 lbs. _ He may do this on any of his fields. He is also going to be overseeding in the winter months. The following is the justification for PAN reduction: The PAN produced was determined using the NC Cooperative Extension standards for determining _PAN generated. Grower has copies of all IRR-2's and Waste Analysis that were used to determine this amount, in his file box. Attached to the NUP, is a consolidation of that data. ' Page 4 WASTE UTILIZATION,,PLAN': REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. 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, climatic conditions, and level of management, unless_ there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 14 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance_) 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 ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. Page 5 S WASTE"UTILIZATIONffiPL`AN ${� 'i REQUIRED SPECIFICATIONS (continued) Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 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 or forages breaking dormancy, i 1 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (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 discharge or by over -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 shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. Page 6 r ' WASTE` UTlLIZATIO �-. ...._�w ��c. .ti-.-t... �.....- ._.. .-a .i.s.,. r....-._.. �. �..«....». ..-.x--wr-a..-a,<:�s,GE•t.•. . �s-=2.��.s r-.. ra...l�..-- .�,� .. ..�+. REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will- be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas 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. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. V. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 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. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied pre -plant with no further applications animal waste during the crop season. 21 Highly visible markers shalt be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall.be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shalt be maintained for five (5) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. ' Page 7 . WASTE UTILIZATION PLAN .y, , , _WASTE UTILIZATION PLAN AGREEMENT Name of Farm: C & D Farm Owner / Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (vie) 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 (DEM) before the new animals are stocked. 1 (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. Name of Facility Owner: Jimmy McL_amb _ (Please prior) J r Signature: �' ✓"r Date: Name of Manager (If different from owner): Signature: Name of Technical Specialist: (Preaseprinr) Affiliation: Murphy - Brown Address (Agency): P.O. Box 856 Warsaw, NC 28398 Date: Toni W. King Signature: �' " • �/_' Date: - 0 — 0 Z k. Page 8 Fields 1999 2000 Pulls 2001 1 120,000 - 1 36,000 2 72,000 210,000 2 36,000 2B 24,000 180,000 3 36,000 3 540,000 300,000 4 36,000 5 36,000 6 7 8 9 48,000 10 42,000 11 42,000 12 48,000 13 48,000 14 6,000 15 3,000 16 17 36,000 18 78,000 Total 756,000 690,000 417,000 Overage annual volume applied 621,000 CDFARM ON -FARM RECORDS Month Year PAN February 2002 2.80 August 2001 0.88 May 2001 2,60 February 2001 1.40 August 2000 1.90 June 2000 1.60 March 2000 3.10 November 1999 1.90 August 1999 2.90 May 1999 1.70 February 1999 3.00 Farm Average 2.16 Standard Deviation for wash% analysis .48' 2.16 1.0377 Range of values included in average = 1.12 - 3.2 Total Lb. PANfYear = 1,422 Month ' Year PAN February 2002 2.80 August 2001 May 2001 2.60 February 2001 1.40 August 2000 1.90 June 2000 1.60 March 2000 3.10 November 1999 1.90 August 1999 2.90 May 1999 1.70 February 1999 3.00 Farm Average 2.29I who itstiE- MR. 41 POW A-14i, g WiL pill ig, . 'e 4�' q EVA 54 M 4 00 COLO. JOAQ on>_ Ai 'SS to M, -7 `l,fl�?l�"SS ., n•-'e•.: iiei :c `Ya-�;•r+ .,,r,.,.,,.'. '��se -'i:� nil _ T1+1r.� - ,..r,� .t L -,.T J. 1�4 — 'LA a : my -1, '44 'All SAM "T we 71 WON* be WON* be "! i 1r A l e-4 I t I.Vt fr .1 - t,Nc K F, How to prevent a problem in the future. On this particular accident there is no clear way of preventing said mishap. There are several implementations that we are currently putting into place to give our best effort in heading off a problem in the future. We have bought a second pump to keep under the shelter ready to use at a moments notice. We have on the farm a spare breaker and receptacle ready to be put into use immediately, not the next day on our trip through town going home. We already have the back-up gun to keep us running. Because problems usually come in groups we have hired a man to baby sit the system while running_ This will head off any problems while under the current Plan of Action during the next 30 days to get the lagoon back to its proper levels. We have contacted three sludge removal companies. We have met with one already. He cannot come out for several more months to get started. The other two are scheduled for the next week or two to come out and give us a price and date to start. We hope this removal of solids will allow for greater efficiency in running the lagoon level operation. This coupled with biological additives should make the system run more systematically. Sincerely, JAN 12 2005 fJ5%iI- FY.�-r 7iE : rLILE REMONAL OFFICE ELCO DISTRIBUTING, INC. 128 Martin L, King Jr, Blvd. CLINTON, NC 28328 (910) 596-0488 LOCATIONS: WALLACE & CLINTON, NC Remit To: ELCO Distributing PO Box 536 Wallace, NC 28466 Y DEAN FARMS 1!b_ CRADLES I.A'NE clrl- 1 NC In 0 DATE OF INVOKE V/14/04 09:13 X'4 SHIPTO: ACCOUNT NO. ).-bAT SHIPPED� 'L�s q- SHIPPED V1k;-V1k'"_ CO' PA e!-F.ds: V_k RMS3 f t�YOURORDER_NUMBER; 3 0 duya < CUANTITY,�-: i4 (1W r4 V 4�1'�mscolno N PM IN M�114 • UN IT�PBICEIA, _tf.a�AMCUNT-� 'CE2T. SURFACE GROOK) REE 19-23 Ha-f 70A LIP SAleZ Tax `Thank 'You m PHONES DAY 91C-762.3702 NIGHT 93-2167 793-1s7s =9?-5,13322 �1 1~AAX / :?51-1975 , 3-3:0-3 1,126 hefto h.nel hzutk, Y"Oul! HANOVER ELECTRIC MOTOR & SUPPLY, INC. M0T0R REWINDING - REPAIRING - SALES - POWER TRANSWSSION PRODUCTS 602 WELLINGTON AVENUE, WILWNGTON, NC 28401 SOLD TO: �rn� `/ Je- f C� P.O. #: QUANTITY QUANTITY i BACK UNIT ORDEREED SHIPPED j ORDERED DESCRIPTION PRICE jI€ AMOUN T '-- f s t f i _ ,. �l C! 0� r `ub Total '% RECEIVf'D BY C, !�f axaDle N.C. Sales 7: LaborTa;c AFL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL AND ARE SUBJECT TO A RESTOCKING FEE. IRRIGATION, SERVICE & EQUIPM WELDING Allen's Irrigation & Welding incorporated CLINTON, NORTH CAROLINA 28328 815 N.E. BtVD. PHONE 910-592-3719 FAX 910-592-3432 Net 15 Days I lh% per month will be charged on balances over 30 days past due - A minimun of 50 will be added to past clue account - An Annual Interest Rate of 18% i FOAM IRA-1 Lagoon Liquid.irrlgation Fields Record For Recording Irrigation Events on Different Fields Farm Owner /� w Syr `� Cur^ Facility Number Operator Tract & Field 0 - Cate mm/d r Crop Ty pe Field Size acres Irriciallon Time ' 4 Sprinklers Operating Operator Inlllals .'Weather Coda "Inspections initials Start Time Enid Time Total Minutes -S� - a G 7 ).000 :G:Daa / . - - a67 Id uv Win' Crv7 14 d Q. /iGL" J i^L 13 t; i 1 ;0- :oU s i o G ��L L,L J LA. Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy 3114/03 " Persons completing the irrigation €nspoctions must initial to signify that in'spflctlons'were completed at least every 120 m!nntn;, Note: If conditions beyond the pormittoo's control have caused noncompliance with the CAVVNIP or porinit, axplaln on rovorsu. Fonm IRtt-1 Lagoon Llcluld Irrigation Fields Record For Hecording Irrigation Events on Different Fields farm owner 7lu- i7 r ,y,,a; CcYrl Facility Number Operator r �r7r�� �✓ " L/�k�n l Tract & Field N Date mm/dd! r Crop Typo Field Sizo Irrl ation Time acres Start Time End Tlmo Total Minutes 4 Sprinklers Operatin2 Operator Initials .'Weather Cod© "inspections initials �Mtr 7 f } ,+-� yy� ' :Heather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet; W-Windy 3/14/03 Persons comploting tho irrigation inspections must initial to signify that InWppctlons woro completed at least overy 120 minutes. Noto: It conditions boyomd the pormittoo' . control have caused noncompliant© with the CAWMP or permit, explain on roverse. I lydrarrt tf ;-ield $izu (wcUcd �jCres) = (A) Faun Owner Ow(wr's Address Owner's Phone 9 Field #I 3 I Lacwoe: LiQUu d Irnel;rtiort i=i�kL•; i(ftcorrl One I=ortrl for Each Field per Crop Cycle Crop Type �5 / 111 (2) (�. (a) r41 (5) (5) Facility Number Irrigation Operator J ; `gin fz,• `'r--, 1%�1i' `Ge,;16 Irrigation Operators Address Operator's Phone :y From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) (7) (a) M {1D1 {11S "'Nutrient Source pate (-Wddtyr) Irrigation Waste Anatysis PAN' (WID00 gal) . PAN Applied Qbt—) fB)x(91 1D00 Nitrogen Satance" - (Iblacm) Start. Time End Time ' Total Minutes N - tz) p of SprinIders Operating Flow Rate (galrrnin) ... Total Volumt: (gallons) (5) x (5) x (4) Volume per Acre (galfacre) (7) ( (A) 6= YV 3 :Uo z- Fg3 6- /. �' /� `7 3 s, 30 r,� o, 6 Crop Cycle Totals! Owner's Signature Operator's Signature Cettitled Uperator (Print) Operator's CerGficatron No. NUDA W7sir. Annvlsis or Fr,uiva'en,. At a minimum., w:jste analysis is required wilhin 60 days of land ;application events. FoRm MR-2 I lydrifnt 7 j 0 Field Size (wetted acres) = (A) Farm Owner Owners Address Owner's Phone 4 Fi"Irl # 1 3 Lagoon Liquid Irrigation Field:; Record noe Form for Each f=i(:I(t (rf:r C.fr(fs Cyrlr- Crap Type J /�- ft) 171 (� f31 141 151 161 Faeilily Nwrther ( J Irrigation Opernlor Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Recommended PAN i "r Loading (lblacre) = (B) {7) (8) (9) (t0) (tt) "'Nutrient Source Date (mmlddlyr) Irrinatron Waste Analysis PAN' (IGItWo gal) PAN Applied (IWacre) (B] x (9] 1000 Nit;Dgen Batancsr— {Iblacre) (M • 00) Start T me End Tune To" Minutes 0) - (2) H of Sprinklers dpdralin(} Flow Bale (galimin) Total Volume (gallons) (&) A (:i) A (4) Voiurne per Acre (gauacre) (7)1 (A) B= -1- 61VC7V �Z:v �-it o J 5 D fj-000 'i83 6- i� ,S ice, '7 3 s, 3 q :vv i UU q, 7 .2 0, 6 Ow,,wr'; Sic3rv)twe Q;c ulif;c(i Opur:rlU (PrInS) Crop Cycle Totals) I L� Opa:raluf•:: Slyrraturc: Oplifalof's ck:rtlliullU(s No. a --0�.1'.'.r<a�t�� ..ro.�y',;i_; ;;r S=ri���v�rl�:�nl ,:I cl nlininnlrcl, w�r•�i�_ •.ni.Ilygiti Iy r�tp_�Ir-r•J �n•i[hin fop i3�y5 of IJr1d "J;Y,:iiC711pn iven.�. Log(jun Liquid Irrigation Fields Rucur(i One Form for Each Field per Crop Cycle HydraW Fuld SiZe (w#:tted acres? = ( Farm? Owns Owner's Addre; Owner's Phone cruta Type � G ril 0) l..l) rat rql (e) Facility slumber C3 .2— Irrigation Operator Irrigation operators Address Operator's Phone N From Waste Utilization Plan Recommended PAN Loading (Iblacre) _ (B) `J (7) (xl 19l (tot rill "'Nutrient Source Date (mnV(Jdlyr) Irrigation Waste Analysis PAN' (lb11000 gal) PAN Applied (Ibrade) 1171 x w 1000 Nitrogen Balance" (tblacm) (5) - (Io) Start Time End Time Total Mingles (J) • (Z) p of Sprinklers Opef-u6ilu Flow Rate (gaUmin) Total Voiurne (gallorss) (0) x (5) x (a) Volume per Acm (gatlacre) (7)1(A) B= /0.-2-03 j v (Jv d 7, `I Crop Cycle Totaist Owner's Signature Operator'; Signature Certilscto cOheratr r (t'rint) Operator's Certilca6on No. %,,, l�r. , .. _�'U; vi..l"i-j l] i.i , 1�; ..y i+'I ii t., f; „1lir, ,,;fP n7�1•/`.�1.`. li runt nr�,rl wltnrn (l)t) d<'.IV.". 1 I _ n IancS=ln(sliG'luCln eul:nls. I-ORM IRR-2 ) iytlrant 9 F-T--,--] Field N F 3--] Field Size (wetted acres) = (A Farm Owner "-Nutrient Source Owner's Address Owner's Phone I I 0 `5 ,�,2—�s�� L:Igoorr Liquid hrigation Fietcds Record One Form for Each Field per Crop Cycle Crop Type {1) (21 rat 141 ra, «, Facility Number 1�J irrigation Operator -J i,to ���- iy;'^ C/, 4-4ti� Irrigation Operators Address Operator's Phone # ,' cL0 From Waste Utilization Plan . Recommended PAN Loading (Iblaae) = (B) r„ Bate (mmlddlyr) 10_�-0.03 Irrigation Waste Analysis PAN' (Itd 1 OUO gal) t3 PAN Applied (lbracre) (8) x N 1000 7. q NiVoyen Balance" (ktVacxu) Start Time ;:.0-0 End Trme 6-}L-'-P Total Minutes p of Sprinklers Operating Flow Rate (gaUrnin) 3D Total Volume (gallons) (6) x (5) x (4) /?DOCK Volume per Acre (gavacro) (7)1(A) gg36 8= /V IZ . � (0-2-1-63 av 1OV qo Crop Sv Cycle Totals �IG'v Cl�3 2, gi 4�4. Own(lr's SignnturP GOrtilled Uperatnr (Print) OPe[JIUr'S Stynature Operator's Celtificrtlion No. �'- J. �'+t: ,: HIV �,IIJl�;;l� :�. LCJ�Iv;Jaa tl. i�i �l Iltll 111lit if 11, WdStr yI1:1iV ti15 15 rLquired will-im 60 CI3yS of land n,,3plicaiion Pventi. FORM IRR-2 Hydrant A Field Size (wetted acres) = (A Farm Owner Owner's Address Owner's Phone # /[J Field # = 0,- t-jUoon liquid Irrigation Fields Record one Form for Each Field per Crop Cycle Crop Type f 11 171 111 rd1 IS 1 161 Facility (Number - 1 1,�4� Irrigation Operator Irric}ation Operator's Address Operator's Phone # From Waste Utilization Plan Recommended PAN /\ Loading (Ibtacre) _ (B) U 171 1111 l91 {1l?) (1I) —Nutrient Source Date (mmlddlyr) Irrigation Waste Analysis PAN' (lb/1000 gal) PAN Applied (Ihfacrp) (81 x (9) 1nD0 Ndrogen Balance" (ih+acm) (e) (10) Start Time End Time Total Minutes (3) - M H of Sprinklers Operating Flow Rate igallm,n) Total Volume (gallons) (6) x (S) x (4) Volume per Acre (gavacre) (7)1(A) B= o Zo `03 2, r " // U CD /� � C/ �}} J tJ /� ri C/ t p r%' / r t v (� e O �. �.J�. t Crop Cycle Totalsi i Owner's Signiture _ _ -�_ Operatnr's Signature Certified Operator (Print) Operator's Certification No. NIMA Wn ;t� .Any •IS. or icn,. F : [. rr,in;rnu ;, ;aa? on;]I sis i rci uIr Y•d avitli ll � i} u a S of IJIICJ i ii r `J ') % I�tlll�r I+;u-2 Hydrant 4 Field Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone # h�!t)Uun I_ic)urr.t Ir'nr)[liirttt Fn:I[i�; f;rrrx[1 Onu Form for Each Fiuld {per Crop Cycle Crop Type (1) (2) (3) (4) (5) {6) Facility Nunlher r-!-� l -� 17� Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Recommended PAN r1 Loading (lb/acre) = (B) (7) (8) (9) {10) (11) "'Nutrient Source pate (-Wddlyr) Irrigation Waste Analysis PAN' (IN low gal) PAN Applied (lb/acse) (M Y in 1 1000 Nitrogen Balance" (it,racre) (B) - (to) Start Time End Time Total Minutes {3) - (2) p of Sprinklers Operating Flpw Rate (gallrrrfn) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gavacre) I (7)1 (A) B= SU 13, �3G, Crop Cycle Totals Owner's Signature Certified Operator IF'rinl) Operator's Signature Operator's CuttificaGoll No. - NCOA W3510 Ariayl5ii� Ur Lgwv�ilviit. At ] millirilum. waste analysis is required within bU days of (and appil ation events. Forth IRR-1 I lycImM Field Size (wetted acres) = (A) Faun Owner Owner's Address Owner's Phone $ --------------- Lagoon bgkiid Ir'rig<ihori Fields Record Orw Fibril for Each Field per Crop Cycle Crop 'Type 5 /` 11) 121 /�J� f31 ra) Is) 16) Facility Number -- Irrigation Operator Irrigaton Operators Address Operators'Phone # From Waste utilization Plan Recommended PAN � y, Loadiog (lb/acre) = (B) V U (7) f81 (9) 00) (t 1) Nutrient Source Date {mm/dctlyr) Irrigation Waste Analysis PAN' (Ibl1000 (jai) PAN Applied (lblacre) f81 x r91 f(x)D NiuDgen Galante" (fb/ane) {B) - {10} 5tact Time End Time Toll Minutes (3) - (z) Nor Sprinklers Operating Flow Rate (nallmm) rotaf Volume (gallons) ((i} x (5) x {a} Volume per Acm (gavacre) (7)1 (A) 8= 0; 00 v?r 2 �f v i 50 /Z Ono 1 9 9 l D , 8 / 4, 3 GAG' . � ? r . 17L Crop Cycle Totals] I I Owner's sign.1111re Operator's Signature Certitied Operator (PTint) Operator's Certification No. cA �:�;C3rJ,�ltr�f. r�: Cl �„�c��l�ll.� ....,tc w;;:"y`, s is :if lmic: Jp;;ilca'.lo o f;vd!ntG. For;rn IRi,-2 l-LirJt un liquid lrrigatinn Fields Rocord Die Forrn for Each Field per Crop Cycle Hydran Field si-,d (wuttud 0CF0s) = Form Owr Owners rAddre Owner's Phon( Crop Type 7,i r7\ 11% 14% 15) rfil FaGtity Numhf!r Irrigation Operator irrigation Operator's Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (Iblacre) = (B) rn ra) M) (101 (11) —Nutrient Source Date (mmld(Qyr) Irrigation Waste Analysis PAN' (VID00 gal) PAN Applied (lhraae) (di A.0] 1000 Nitrogen Balance" (tblacre) (B) - (10) Start Time End Time Total Minutes (a) - (2) 401 Sprinkiers Operating Flow Rule (gallmin) Total Volume (galluns) (0) x (5) x (a) Volume per Acre (gal/aore) (7)1 (A) B= Crop Cycle Totals Owner's Snnature -t;r', i t;Li U;A;Ia:Ljt tr'f GA; Operator's Sir=nalure i.ia4t0;Dr'S (;crGi}�;Ctaun rlv. - "A,".+:)-„ rlrl ]11 r5 :,t LC, 0-,',ll._A,I r.7 trrutr,rwfit. r_ ir. Gnalyslti j:; ']U Ct1/; Or ,;r J a{){ li ai pn t:VtlnlS. hrzm it r2-2 I lydran Field Size (wetted acres) = Farm Owr Owner's Addre Owner's Phonl l_,lcgiir)n Liquid irrigation Field:: Record One Form for Each Field per Crop Cycle Crop Type 5 lit 175 (4\ rd1 M1 (ri) Facility Number F t Irrigation Operator » v Irrigation Operator's F" Address Operator's Phone # Front Waste Utilization Plan Recommended PANG Loading (lblacre) = (8) 171 rat r91 (101 !�+) "'Nutrient Source Date (mmJddlyr) Irrigation Waste Analysis PAN' (Iblloo[lgat) PAN Applied (lblacre) (t) x_f4) 1DW Nitrogen Balance" (luacm) Start Time End Time Total Minutes (3)-(2) p of Sprinklers Operating Flow Rate (gatlmin) Total Volume (gallons) (8)x(5)Y(4) Volume per Acre (gavacre) (7)1(A) ji-_9-03 fj-'ai 1-3;cam ;L 1 56) Crop Cycle Totals I Owner's Signature Operator's Signature Certified Operator {Print} Operator's Certiflcadon No. NGUA Waste Anaytsis or Equivalent. At a minimum, waste analysis is required within 60 clays of land application r=_ven(s. Forts MR-2 i� Hydrant;; R rJ Field it; v� Field Size (w%tted acres) = (A) Farm Owner OwneeArictress Owner's Phone 9 L � • t_ilpuun Liquid Irrigation Fields Record Otla Fortis for Each Field per Crop Cycle Crop Type S to 121 I'M f4) (5) f6l Facility Numbef l q 3 Irrigation Operator Irrigation Operator's Address — ✓ f '"� CS Operator's Phonr: # From Waste Utilization Plan Recommended PAN /O Loading (Iblacre) = (B) v� (7) (81 (9) (101 fl1) —Nutrient Source Gate (mnVodtyr) Irrigation Waste Analysis PAN' (Ib11000 gat) PAN Applied (Ib/acre) (8) x (9y low Nitrogen Balance" pwacre) (Bl (t01 Stall Time End Time Tour Minutes (3) - (2) tf of Sprinklers Operating Flow Rate (gaUmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gavac re) (7)1(A) B= ;' n, l — Dot 9,. rL? ` I f Crop Cycle TotalslJ Chovner•s Signmur? Operator's 5iynature Cvltilie;d Oa l..u, Ir'nnl) Qper rtUt': certification Nu. ni(�fl!1. .. .. _. r1rl,",�f l'.. � Ot c7 .. .�.'.'�: `'�! .�..'1i::lllf n, .-. �.� "i; )•.I. .., � rnni pro;rt ...iii�... ^r! ..:!'� !?r i1��� �;};ll:rla7n ,r C:1-IAIN 4F EVENTS December 6"': rain December 8'h: a water leak in House ##4 December 91h: Try to pump lagoon but the motor was burnt, fire and smoke cording out of the motor. Called Billy's Irrigation, he said he would carry it to Wilmington next week. I decided to carry it myself. December ] 01h: rain light, carried pump to Wilmington to be fixed in the morning. December 1 1 `h: water leak house 1 JB December 12`h: small water leak house December 13`h: got call at 3:00 pin that pump %vas ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 14`'. weather is cold, replaced plug. Test the system found breaker bad. December I S''': replace breaker, test systeni. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. December 16`h: Frozen, re -pump from swamp, got digger to be more productive. December 17`': Frozen in the am, re -pump from swamp until DWQ said water "vas clear and could stop. REC EI -E-D JAN 12 2005 DER - Fh) c M4.1 LE REGIGIA OFRCE It North Carolina Department of Environmental Health and Natural Resources Department of Water Quality Ladies and Gentlemen: The unforeseen, accidental discharge into the ravine, and ultimately into State waters, occurred on December 15, 2004. The events took place because, perhaps, of imprecise instruction from me to my employee. More directly, it was a combination of material and physical fatigue coupled with procedures and policy that leave cracks to fall into. My employee's instructions were to crank up the irrigation system when he returned to C&D Farm from his other duties, which usually was around 2:00 p.m. each day. This day, though, he had other plans, which included finishing earlier than usual due to the Christmas season. I wasn't informed of this until after the fact. But he had, as usual, finished all of his duties. Thinking that, as usual, he was going to start the system around 2:00 p.m., I had made plans to go by the farm around 4:00 p.m. to check the amps on the motor and new breaker, and the heat on the winding of the motor. All of that day's events and checks were initially planned to get the system ready for the warmer pumping weather expected later that week and weekend. When I received the call from Mark Brantley from DWQ at 4:05 p.m., I immediately left for the farm. On my way, I called Mark two or three times but received only a "No Service Available" message (cell reception in the Garland/Ingold area is very poor). Finally I got through to Mark, who said he was on the farm. I asked if the system was running; he said yes. I asked him to cut it off because I was still several miles away. He said he could not touch anything on the farm. I told him I'd be there shortly. When I arrived, the system was still running, and the solid set sprinkler was stuck in one position, downhill toward the ravine. I spoke to Mark and proceeded to turn the system off immediately. Mark and 1 walked the ravine to try to find the head of the water. Then I started calling for a backhoe or track hoe to try to stop the spill and recapture the waste at that point. Mark said this would help protect the environment from further damage. I called all of my area sources, about eight different construction crews. All but one were busy, from thirty to eighty miles away. They all said it would be dark before they could get their equipment loaded. It is against the law for them to travel on the road after sunset. Then l called Murphy Land and Nutrient Division, and Dawn Williams came out. We tried calling the ones on her list. After seven or eight calls, but still no luck, a couple did say that they would come the next morning if we couldn't find anyone else. Finally, Dawn said we could shovel up a small dam and use a smaller pump to reclaim the affluent that night. My pump was a four -inch discharge. I called my house and got the specifics from my father on his pump, which is three-inch. By this time Dawn was on her way home, so 1 4 .. called her to borrow the smaller pump she had offered. She was about twelve miles away. I started off to get the pump, but there was a wreck on the bridge, so I couldn't get through and had to go almost to Harrells to reach to her house, and the same path back. While on this journey, I called my father to get the hoses needed for the small pump to reclaim the affluent from the ravine, which would be about 700 feet to get back to the lagoon. We all showed up at the farm at about the same time. So by around 8:30 p.m. we started pumping to reclaim the affluent. At wide open, we could move about 35 to 40 gallons per minute, but this would drain the hole we dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half -throttle over idle, we were moving water at about 15 to 20 gallons per minute and not draining the hole we had dug. I got home at about 1:45 a.m. on December 16 with the pump left running on a full tank of gas. This tank would last about two and a half to three and a half hours. The next morning I called the construction guy, and he said he'd leave his job to come and help us. He came first to look at where and what to dig. Then he went back to get the proper equipment for the job. Mark and Larry from DWQ showed up to do the assessment downstream. They discussed a few options with me and left. This was very helpful. The construction guy showed up about l 1:00 a.rn_ and dug two deep holes in the creek bed. The one mid -stream was not dammed up. The dirt was removed from the area. The second hole was dug at the end of my property, and he dammed it up so as to trap as much of the affluent as possible. The second hole was where we put the three- inch pump. This pump would move 60 to 80 gallons per minute. With both pumps running, we were filling my lagoon up fast. We kept pumping. Friday morning we started it up again. We hooked up larger hoses for the three-inch pump so as to move a greater volume. Larry from DWQ came by and said the water looked clear to him, and it looked okay to stop pumping for now, but to watch for discoloration and start pumping again if necessary. Although it is impossible to tell when and/or where a mechanical device will malfunction, it is through this experience that I can see where the more concerned eyes are on an item, the more likely a shortcoming will be caught early. The action taken at the ist sighting will greatly reduce the effects on the environment. In this case, had I been called by the regional office at their first notice, we all could have significantly reduced the effects on the environment, we all could have more effectively implemented our intention to protect the environment, rather than allowing protocol and policy to double, or even triple, the negative impact on our environment. Respectfully, 0. Jimmy D. McLamb PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-143 County: Sampson Facility Name.- C & D Farm a Certified Operator Name: Jimmy McLamb Operator Number. i 1. Current liquid tevel(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: C&.D Spillway(Y or N): N Level(inches): 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation 'if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste. I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Phone: Facility Owner/Manager(�print) / r c Date: F cility Owner/Manager (signa u ) 9 I10 - 5%- (7'!Z IZ-C` -D� � �= r- rr1 lr D . Y...4.f JAPE 12 2005 f-r:wi:7 f r rini r,� E :,,, r=.`: � i- �--= r- i,F iaw•ir. GrFSC 4 '- PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): JC&D 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a_ current liquid level according to marker i8.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c: line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 40341 ft2 e. line G12 x line d x 7.48 gallons/ft' 25145 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 60 days g. volume of waste produced according to structural design 1 32418 Ift3 h. current herd # 2950 certified herd # 2950 actual waste produced = current herd # x line g = 32418 ft' certified herd # 1. volume of wash water according to structural design f n1 ft3 j. excess rainfall over evaporation according to design 25156 ft3 k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 12/1/2004 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 215327 gallons 1.20 Ibs/1000 gal. 288.5 lbs. PAN PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: C&D line m = 288.6 lb PAN 2. Structure ID: tine m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure ID: fine m = lb PAN n.lines 1+2+3+4+5+6= 288.6lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR- 2 PAN balance (Ib/acre) t TOTAL PAN BALANCE FOR FIELD (lbs-) column r x s u. application windows 10128 3 Small grain 13.00 20.00 260.0 Sept -Apr 1 Small 2rain 5.03 50.00 251.5 Sep! -Apr State current crap endina aDDlication date or next croD aDDlication beoinnina date for available receiving crops during 30 day draw dawn period. v. Total PAN available for all fields (sum of column t) IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) _ 511.5 lb. PAN 288.6 ib. PAN 0 PoA (30 Day) 2/21/00 x. Crop's remaining PAN balance (line v from section III) = 511.5 lb. PAN y. Overall PAN balance (w - x) _ -223 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the fa Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21100 For Immediate Release 12-17-04 NOTIFICATION OF WASTEWATER SPILL IN SAMPSON COUNTY House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, Industries and others who operate waste handling facilities issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared and Issued to medialn the affected county. C & D Farm, a Sampson County hog farm, had a wastewater spill on December 16, 2004. The spill was reported to DWQ on December 16, 2004 and was estimated to,,be approximately 8,000 gallons. The partially treated wastewater ran off into an .un-named tributaryof Great Coharie Creek. For information, contact Jimmy McLamb at 910- JAN 12 2005 I. 136 (11 Sampson Independent P.O. Box 89 201 Clinton, N.O. 28329- Received Prom: DOLLARS = Account Total Amount Paid $ . .tL Balance Due S REITIVE ED EN -- - — OMCE H M11rp4y-Brown,,.. Firm: �` A5 Daily Rainfallffleekly Lagoon Level January Freeboard 5 ncturm February SUN WN TLES VVED THUR FRI SAT SUN MON 2 4 13 P4 15 22 23 124 Yc� 130 March Freeboard stulutal GlecM April SUN MON TOES WED THUR FRI SAT SUN MON 11 14 May fie iiy Fmabo%M Ct" 4 'THUR FRI SAT' SUN MON jA TS 22 r 30 20* Freeboard Ir,,a'a THUR FRI SAT Cr.aci, i13 $4 15 II 23 21 28 Freeboard SIN-L" TH'LIR FRi SAT 14 r 17 20 ie 27 :e ,�Vi 4 . ............ 7— 1A trphy,-Brown 1,, Daily RainfalllWeekly Lagoon Le•rE:l ;Zeco, d Farm 2004 July f, Freeboard structural AU�LJS;, Freeboard sra la1 SU:i MON TUES WED THUR FRI SAT Check SUN f.1O1: TUE:; V!F0 THUR FRI SAT `hes 1 2 l . I JV 7 d q 10 II 12 3 a �i � 6 T d 4 10 tl ----'1- 17_ ..ts I� 15 16 21 22 23 2$ 26 11 ,d 1;� 21 '1 :] I2fi 2s 10 31 24 Freeboard September Freeboard structural OctO-: SU:r MON TUES VVFC THUR FRI SAT Chuck SUN 1,1-4: TUE:, 1f:D rHUP. FRI SAT A �Jctftr 7_ % 10 I1 12 1� -TT le 15 15 17 16 14 24 t2 Ij i. 20 24 �5 x5 26 27---- NovemUer Freeboard structural DCCer111A Freeboard - I sur. MON TUES V6ED THUR FRI SAT I check SUrJ 1.•:I'. TUFEt 1.E THUR FRI SAT --- 1 II 5�N I- �: IC 11 ix t L 12 14 si I 17 Id 17 20 II 22 21 1 28 I7 .8 29 28 --.- I I i I k. SL^uCtJr3' �1 t� 13 q 5 IL 2C ti�Jb� l G �5WOv i I Unca,,ti-e qti c=Py cu1z'os 01/06/2005 11:64 5921517 PIG CRADLES PAGE 01 REVEzidE0 JAN 0 6 2005 0 Nl, - FA' ETELML+ E a ;;icy;; cFHcE XcLA)M CORP. tie$ S .Vr+' BLVD. CLINTON, H.C. 28328 y1 0-542-1 51 6 TELECOPY MESSAGE Date:L Telecoptar Number: 14 ~ e 6 I�'RpH: ► �'n Y � p�Qt�YtT Talecopiar Number:919-592-1517 Time: Phone NUxbar:919-'U2-1516 5- NUMBER OF PAGES INCLUDING COVER: COMMENTS: �[�05 11:04 5921517 PIG CRADLES PAGE 02 I JAN 0 6 2005 XcLAH3 CORP. 1ST}$ S.WA BLVD. CLXNTON, N.C. 28328 910-592-1516 TELECOPY MESSAGE Date: I `� Tian®: FOR: Teleoopier Nuasber: O- 8 6- 0 7 0? FROM: � +'�'► Telgeopier Number:919-592-I5I7 Phone Number:919=592--1516 NUMBER OP PAGES INCLUDING COVER: COMMENTS: 1 .6 - ;�01/06/2005 11:09 5921517 PIG CRADLES A PAGE 01 CHAIN of EVENTS December 6'h: rain December 8"': a water leak in House #4 December 9'h: Try to pump lagoon but the motor was burnt, fire and smoke coming out of the motor. Called Billy's Irrigation, he said he would carry it to Wilmington nex: week. I decided to carry it myself. December Ie: rain light, carried pump to Wilmington to be fixed in the morning. December I Ph: water leak house 1JB December 12": small water leak house 2 December l3'h: got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hoofed it up to test pump, and found that the plug was bad. December 14°i: weather is cold, replaced plug_ Test the system found breaker bad. December 15d : replace breaker, test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. December 16": Frozen, re -pump from swamp, got digger to be more productive. December I r- Frozen in the am, re -pump from swamp until DWQ said water was clear and could stop. t I t` q1 / 05/ 2005 12: 07 5921517 PIG CRADLES PAGE 01 pE_ KoW18 CORP. JAN 6 6 2005 1569 2,W4' BLVD. CLZNTON, N.C. 26326 0t 40-fA`(rii�i111III,IJt�kz€ir 910-592-1516 TELECOPY MESSAGE FOR : gar.,* I 4"t - �/ /�� � Telecopter Number : _ ��� 6 FROM: Telecopier Number:919-592-1517 Phone Number;919=592-1516 NUMBER OF PAGES INCLUDING COVER: COMMENTS: 01/06/2005 12:08 5921517 PIG CRADLES RAGE 01 CHAIN OF EVENTS December 61: rain December P: a water leak in House #4 E December 9`b: Try to pump lagoon but the motor was burnt, fire and smoke coming out of the motor. Called Billy's Irrigation, he said he would carry it to Wilmington next week. I decided to carry it myself. i December Ie. rain light, carried pump to Wilmington to be fixed in the morning. December I I": water leap house I JB December 126': small water leak house 2 ' December 13'': got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 146': weather is cold, replaced plug. Test the system found breaker bad. December 15°i: replace breaker, test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. from swam of digger to be more productive. December 1 G'�': Frozen, re -pump p, g gg December 1 "16: Frozen in the am, re -pump from swamp until DWQ said water was clear and could stop. as 01I06/2005 12:0B 5921517 PIG CRADLES PAGE 02 North Carolina Department of Environmental Health and Natural Resources Department of Water Quality To the persons concerned within the Department of Environment and Natural Resources under the Division of Water Quality. The unforeseen accident of a discharge into the ravine and ultimately the water of the state, occurred on December 15, 2004. The events that took place were at there best an unclear and imprecise instruction by me to my help. At its worst was a combination of material and physical fatigue coupled with procedures following policy that leave cracks to fall into. The instructions that were stated to my employee were to crank up the irrigation system when he gat back to the C&D Farm from his other duties, which usually was around 2 pm each day. This day though, my help had other plans of his own of which included getting through earlier than usual due to the Christmas season. I wasn't informed of this until the next day after I had questioned my help about what exactr time the system had been started up. Over the next two days I had talked with several people whom frequent the farm for various reasons. I did this to verify the starting time of the pump. The people who tend the cows had said they came to the farm after lunch and the system was running then. This backs the time up to 12 :00 to 12.30 pm. They also said that everything looked to be running okay to them. The reel was coming in and the stationary gun was going around. No problems there except the time being different from presumed instruction of around 2:00 start up. But, on his behalf, he had as usual, finished all of his duties that were his to do. I, thinking that he was going to fire F a system at around 2 pm as he usually would, had made plans to go by the fans abo 4 pm o check the amps on the motor and the new breaker, and the heat on the winding -motor. All of that day's events and cheeps were initially planned to get the system ready for the warmer pumping weather planned for later that.week and weekend. When I received the call from Mark Brantley from DWQ at 4�05 pal immediately.,left from North of Clinton and headed toward the farm. On my way to the farm I called Marls 2 to 3 times but only received a message of "NO SERVICE AVAILABLE" ( in the Garland and Ingold area there is very poor cell phone coverage). Finally, I got through to Mark. He said he was on the farm. I asked if the system was running he said yes. I asked him to cut it off' because I was still several miles away. He said he could not touch an on the farm. I said okay I'll be there shortly. When I arrived the system was still running and the b6i ai set sprinkler was stuck in one position down hall towards the ravine. I spoke to Mark and proceeded to turn the system off immediately. Mark and I walked the ravine to try to: find the head of the water. Then, I started calling for a backhoe or a track hoc to try to. stop the spill so as to recapture the waste at that point. Mark said this would help to protect the environment from any further damage_ I called all of my sources in the area about eight different construction crews. All but one was busy from thirty to eighty miles away. They all said it would be dark before they could get their equipment loaded. It is against the law for them to travel on the road after sunset. Then, I called Murphy Land and Nutrient Division and Dawn Williams came out. She had a list and we tried calling the one's on her list. After about seven or eight more calls with still no luck, but a 2 01/06/2005 12:08 5921517 PIG CRADLES PAGE 03 couple did say that they would come the next morning if we could not find anyone else. Finally, Dawn said we could shovel up a small darn and use a smaller pump to reclaim the affluent that night My pump was a four -inch discharge. I called my house and got the specifics from my father on his pump. It is a three-inch. By this time Dawn was on her way home, so I called her to borrow her smaller pump that she had offered. She was on the backside of Garland about 12-miles away. I started off to get the pump and there was a wreck on the bridge and I couldn't get through so I had to go almost to Harrells to get back to her house to get the pump (several miles around my elbow to scratch my nose), and the same path back. While on this journey, I called my father to get the hoses needed for the smaller pump to reclaim the affluent from the ravine which is about 700- feet to get back to the lagoon. We all showed up at the farm at about the same time.- So by about 9:30 pm we started pumping to reclaim the affluent. At wide open we could move about 35 to 40 gallons per minute, but this would drain the hole we dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half throttle over idle we were moving water at about 15 to 20 gallons per minute and not draining the hole we had dug. I got home at about I :45 am on December 16 with the pump left running on a full tank of gas. This tank would last about two and a half to three and half hours. The next morning, I called the constriction guy and he said he would leave his job and come and help us out. He came first to look at where and what to dig. Then, he went back to get his proper equipment to do the job. Mark and Larry from DWQ showed up to do the assessment down stream. They discussed a few options with me and left. This, was very helpful. He showed up at about I l am and dug two deep holes in the creek bed. The one mid -stream was not dammed up. The dirt was removed from the area. The . second hole was dug at the end of my property and he dammed it up so as to trap as much as possible of the affluent. The second hole was where we put the three-inch pump. This pump would move 60 to 80 gallons per minute. With both pumps running, we were filling my lagoon up fast. We kept on pumping. Friday morning we started it up again. We hooked up larger hoses for the three-inch pump so as to move a greater volume_ Larry from DWQ came by and said the water looked clear to him and it looked okay to stop pumping for now, but to watch for discoloration and start pumping again if necessary. Although it is impossible to tell when and or where a mechanical device will malfunction, it is through this experience that I can see where the more concerned eyes that there are on an item, the more likely a short coming will be caught early. The actions from my end are to secure extra help to keep watch over the Turning systems. The action taken at the sighting will greatly reduce the affects on the environment of a said mishap. In this case, had I have been called by the regional office at their first notice we all could have significantly reduced the effects on the environment, but more over greatly increased all of our intentions on protecting the environment rather than allowing protocol and due process to double or even triple the negatives on our environment_ Respectfully Yours, z 01/06/2005 12:08 5921517 RIG CRADLES PAGE 04 D h1, ' C� 1 CHAIN OF EVENTS December 6" -. rain December 8"': a water leak in House #4 December 9"": Try to pump lagoon but the motor v as burnt, fire and smoke coming out 4% of the motor. Called Billy's Irrigation, he said he would carry it to Wilmington next week. 1 decided to carry it myself. December 10"': rain light, can ied pump to Wilmington to be fixed in the moming. December 11''': water leak house 13B December 12"': small water leak house 2 December 13''': got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 142 : weather is cold, replaced plug. Test the system found breaker bad. December 15'�': replace breaker, test system. Spill. Frozen, re-pufnp from s"vamp to lagoon per DWQ instruction. December 16"i: Frozen, re -pump from swamp, got digger to be more productive. December 171": Frozen in the ani, re -pump from swamp until DWQ said Neater was clear and could stop. 1 North Carolina Department of Environmental Health and Natural Resources Department of Water Quality To the persons concerned within the Department of Environment and Natural Resources under the Division of Water Quality. The unforeseen accident of a discharge into the ravine and ultimately the water of the state, occurred on December 15, 2004. The events that took place were at there best an unclear and imprecise instruction by me to my help. At its worst was a combination of material and physical fatigue coupled with procedures following policy that leave cracks to fall into. The instruction�,.that uvere stated to my employee were to crank up the irrigation system when he got back to the C&D Farm from his other duties, which usually was around 2 pin each day. This day though, my help had other plans of his own of which included getting through earlier than usual due to the Christmas season. I wasn't informed of this until the - next day after I had questioned my help about what exactr time the system had been started up. Over the next two days 1 had talked with several people whom frequent the faun for various reasons. I did this to verify the starting time of the pump. The people who tend the cows had said they came to the farm after lunch and the system was running then. This backs the time up to 12 :00 to 12:30 pm. They also said that everything looked to be rurnning okay to them. The reel was coming in and the stationary gun was ,,oing around. No problems there except the time being different from presumed instruction of around 2:00 start tip. But, on his behalf, he had as usual, finished all of his duties that were his to do. I, thinking that he was going to fire up the system at around 2 pin as lie usually would, had made plans to go by the farm about 4 pm to check the amps on the motor and the new breaker, and the heat on the winding of the motor. All of that day's events and checks were initially planned to get the system reader for the ,A-armer Pumping weather planned fcir later that week and weekend. When I received the call from Mark Brantley fi-oin DWQ at 4:05 pm I immediately left from North of Clinton and headed toward the farm. On my way to the farm I called Mark 2 to 3 times but oiily received a message of"NO SERVICE AVAILABLE" ( in the Garland and Ingold area there is very poor cell phone coverage). Finally, I got through to Mark. He sail he was on the farm. 1 asked if the system was running he said yes. I asked him to cut it off because I was still several miles aurae. He said he could not touch an\lhine on the farm. I said okay I'll be there shortly. When 1 arrived the system was still running and the solid set sprinkler was stuck in one position doyen hill towards the ravine. I spoke to Mark and proceeded to turn the system off immediately. Mark and I walked the ravine to try to find tite head of the wat: r. Then- I started calling for a backhoe or a track hoe to tn' to stop the spill so as to recapture the waste at that point. Mark said this would help to protect the environment from any further damage. I called all of my sources in the area about eight different construction crews. All but one was busy from thirty to eighty miles away. They all said it would, be dark before they could get their equipment loaded. It is against the law for them to travel oil the road after sunset. Then, I called Murphy Land and Nutrient Division and Da%vn Williams came out. She had a list and we tried calling the one's on her list. After about seven or eight more calls with still no luck, but a 2 cOtipl-� did say that they would come the next morning if we could not rind anyone else. Finally, Dawn said We cOuld shovel up a small dam and use a smaller pump to reclaim the affluent that night. 1;.3v pump was a four -inch discharge. I called my house and got the specifics from my lather on his pump. It is a three-inch. By this time Dawn was on her way home; so I called her to borrow her smaller pump that she had offered. She was on the backside of Garland about 12-miles away. 1 started off to get the pump and there was a -wreck on the bridge and I couldn't poet through so I had to go almost to flarrells to vet back to her house to 2et the pump (several miles around my elbow to scratch my nose), and the saflW path back. While on this journey, I called my father to get the hoses needed for the smaller pump to reclaim the affluent from the ravine which is about 700- 1ect to get back to the lagoon. We all showed up at the farm at about the same time. So by about 8:30 pm we started pumping to reclaim the affluent. At wide open we could inove about 35 to 40 gallons per minute, but this would drain the hole we dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half throttle Meier idle we �xerc; moving water at about 15 to 20 gallons per minute and not draining the hole we had dug. I got hone at about I :45 am on December 16 with the pump left rurming on it fiill tank ofgas. This tank would last about two and a half to three and half hours. The next morning 1 called the construction guy and he said he -kvould leave his job and come and help us out. Elf: came first to look at where and what to dig. Then, he went back to get his proper equipinemt to do the job_ Mark and Larry from DWQ showed up to do the assessment doNrn stream. They discussed a few options with me and left_ This was very helpful. Ile showed up at about I l am and dug two deep holes in the creek bed. The oite mid-streani was not dammed up_ The dirt was removed from the area. The second hole was dug at the: end of my property and he dammed it up so as to trap as much as possible of the affluent. The second hole was where we put the three-inch pump. This, Pump xvould move 60 io t,0 gallons per minute. With both pumps running; we "vere filling my lagoon up fast. We kept on pumping. Friday morning we started it up again. NVc hooked tip larger hoses for the three-inch pump so as to move a greater vohtme. Larry from D«Q came b%' and said the water looked clear to him and it looked okay to stop pumping for now, but to watch for discoloration and start pumping ag.7in if' necessary'. Although it. is iinpossibL- to tell when and or where a mechanical device will malfunction, it is through this experience that I can see where the more concerned eyes that there are on an item, the more likely a short coming will be caught early. The actions from my end are to secure extra help to keep watch over the running systems. The action taken at the first sighting will greatly reduce the affects on the environment of a said mishap. In this case, had I have been ca1A by the regional office at their first notice -v►•e all could have significantly reduced the affects on the environment, but more over greatly increased all of'our intentions on protecting the environment rather than allowing protocol and date Process to double or even triple the negatives on our environment. l:,spectfully Yours. Dee 17 04 05:16p MURPHY-BROWN It 9102933138 P - 1 1Vlurphy-Brown Murphy Brown uc PO Box 856 822 Hwy 24 West Warsaw, NC 28398 Phone (910) 293-3434 Fax (910) 293-3138 Fax Transmittal Sheet To: LLk (.:Q From Fax: Pages: Phone: Date: Re: CC: OUrgent 11 For Review 11 Please Comment 0 Please Reply 13 Please Recycle 0.- < PIS Be q.�C) L) 0 YA Z 'Lk 1. 1.�%c Dec 17 04 05:16p MURPHY-BROWN 9102933138 p.2 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. Facility Name: Certified Operator Name: 82-143 C&DFarm .Jimmy McLamb County: Operator Number: Sampson 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: C&D Spillway(Y or N): N Level(inches): 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. xx Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance iswithin acceptable range_ Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated_ "Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that l have reviewed the inforrna6on listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the Information is accurate and correct. Phone: - Fachity Owner/Manager (print) C Date: — (� -'D F cility Owner/Manager (signatu ) Dec 17 04 05:16p MURPHY-BROWN • 9102933138 p.3 PLAN OF ACTION (PDA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I- TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identi#er (ID)_ C&D 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. Current liquid level according to marker b. designed 25 yrJ24 hr. storm & structural freeboard c. fine b - line a (inches in mO zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line cf12 x line d x 7.48 gallonsW 3. Projected volume of waste liquid produced during draw dawn }period 13.0 inches 19.0 inches 1.0 Inches 40341 flz 25146 gallons f. temporary storage period according to structural design 60 days g. volume of waste produced according to structural design 32418 ft3 h. current herd # 2950 certified herd #[_ 2950 actual waste produced = current herd # x line g = certified herd # i_ volume of wash water according to structural design j. excess rainfall over evaporation according to design It. (lines h + i + j) x 7.48 x 30 daysAine f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 121112004 M. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 32418 ft' o ft3 25156 W 215327 gallons V 1.20 Ibs/1000 gal. 288.6 lbs. PAN PoA (30 Day) 2121100 Dec 17 04 05;17p MURPHY-BROWN 9102933138 p.4 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: C&D line m = 288.6 lb PAN 2. Structure ID: line m = lb PAN 3. Struckure ID: line m = lb PAN 4. Structure Id: Noe m = lb P:?' 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines I + 2+3+4+5+6= 288.6lbPAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO W141CH PAN CANNOT RE APPLIED nURiNG THIS 30 DAY PERIOD_ 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 511.5 Ib. SPAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 288.6 lb. PAN PoA (30 Day) 2121100 Dec 17 04 05:17p MURPHY-BROWN 9102933136 p.5 x. Crop's remaining PAN balance (line v from section 111) y. Overall PAN balance (w - x) = 511.5 lb. PAN -223 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, Nerd reduction, etc. For pump & haul and herd reduction options, recalcuiate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. if animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2121100 ..Qr(momic Divisimn 4300 IN'ccAv Creck Road - 9) 73 3 -'L655 Rej)orl No: NV0,1522 W r(,S To: Chnion, NC 28328 Waste Analysis Reh6rt 12/10/04 Sampson County ample info, r� Laboratory Results, (paa (pts'pef :hijffionUIIICSS' therwise noted) a 11 rp I c 11): A K Ca Afg S Fe JIM 7n Cu B AIU Ll G Total 427 50A 902 145 33.6 25.7 3.63 0.39 1.17 0.29 1.46 IN -S I'a s I e Code: _JVIl// IS -AQ3 Na Ni (I'd Pb Se PH C-A, ccrz vr;&,Il 211 7.74 ?eScription: OR -A' Nvine Ligoon Lig. Urca ,ccomm n o u r c 1011000alfoit.�" 1crTI 011""' cm-EFfits pplicalion Method N"' 205 K20 Ca' S rFer.�i4%, 8 -0-67- - 7.2 0 84' 0,20—, �,Z,o 0 1.1 ir P amp Ic ID: )v p K Ca Afg S AM 711 cu B Afo cl c Total 331 51.6 7/43 113 27.5 31.2 2.412 0.37 1.27 0.25 1.26 /A? -Ar Paste Code: -A714 Na Ni ("d 116 Al SO Li P11 SS CN DA f IV, CG M` AM(Kgid) IS NQ3 170 7.49 )eScription: OR-N 'mine UaLoon Lig. Urea le,coinm6ditions: t! w 1pplicqtion Afetbod N" cfjtit,'�i� -;;Afo .44"; j V. Irriptiorr:.: 1. 4 0. 6 9 �,Z 6. 0,�;.T 4, 6 6T.P. 0 p 18 ZZ 0 0 1 �TT-;'I P,01—, 0 0 T4, R - - — .:' . �-_;_tv� 1. 11 -;-i4 -4:44* 9" 1 - fr. I k r i ;j'4- t k wl - iNl�-rD vjr--Cf:� j ., , J AN 12 M5 UEtjR_fA,FtTTEn, �FREGORALOFFIGE N(J). cii h� NC 2-700-17-.6,i6i (9!9) '7 6 5 5 A."ro 1; o TI I c 1) 1 vi s i o I I l."i 010 1, ced, c 1; "o, I (I I 382 Pig CI adIC LUIC TV Clinlor, NC 283TS �'� aste A nalvszs Avo,-vhort -10/15/04 Sampson County ^wl ^ AL 6 ®r�. oh aste Analysis ort Farm- W� robic Liquid - Swine Urea fly -N robic-L�Ilid - Swine Urea N(Z)A A(,,ro no ii i ic 13 ivisim 1 4 300 Ewc(h' Crcc IW_.,id Ralv i4d 1, NC 2 7607-6-165 (9 19) 7i i -2 05 5 11CU11111) corporat toll, -adle Lane 382 Pig 0 Ile "Y A 15415 Clinton, K 28328 caste=-:N -= nalysis effort rarill., 1 9/15/04 Sampson county yarn plellnfo.—": -Laboratory, 116 u I tv (pa rtscr`init I ion'tin less,oth ervise: note Sample IV., x Ca 09 S' Fe mn Zn ("11 B No 18401 7bI(71 53.8 --iv) o— 653 110 39.6 24.8 2.29 0.24) 2.87 0,19 1.76 IN -N Waste Code: -IN714 Na Ari Cd Pb Al Sc Li If SS C.-N DAI% (,Cl,X ALIT (Kgal) .A.LS A'03 152 7.69 Description: OR -IV Swine LLoon Liq. Urea '*52Recotnn*idatiofis: ergE cut "'-V�_'P20-' 720 AM ZA cfirm�4ffin z;�X A`-&;,,:.O L 'IN, 2 z 2 Mother Codes: C-Clear, PC-P Irtly Clauciy, CI -Cloudy, R-naln, S-Snow/Sleet, W-Windy t',�rsnns con)plulinca the i(ripalion inspectiow.; jmju ;l initlal to signHy taint inripnctlons tvc)rp complydi:A M leasl overy 120 minutes. I`iCtV]'. It :l1C 1: ^.li:i boyon[t tilt] I;f+r{+illlrin ; + nnIC01 hnvo MMMO[} flr7nf;11fl1111GIlll:fl willsMildCAVVNIP 01 polmil, 6,i)l.11;l'JI1 Fo>-iht lmi-1 Lagoon Liquid Irr'sgrlIlun Fields Record For Recording Irrigation Cvents on Different Fields 1 J� Farm Owner % �' ` r%w.�'' C.C:'� r%n •! / ~r Fa(Aty Nombel Operator c, % h`} iV: :� , J/ I NL)j k Fow fnri-1 Lagoon Liquid Irrigation f= eWs Record Fur Recarding Irrigation Events on Different Fields Farrn Ownor `''�'� � Cam% f' Facility Nrrmber J _� Operator Tract & Field N ❑alo (nunJdd! r) Grop T ,po field 5iz4i (acros) Irrigation Tlmo H Sprinklers Operating Operator Initlals 'Weather Coda "Inspections inil/E�als Start Time End Time )-otAl MInlijes Ga :6V Wnathor Ccdos: C-Clear, l'C I'nrtly CIOUdy, Cl-Glaudy, n-Rain, S Srto:��lStCot, W-Windy 31faJ03 i'�,S�nc r,ni,it�lcalinn Ilru irrivaliuii k5js �-diuns �nrisl inilial to ;icinify that inrOr�cilons vlerr3 grin pkilml at least ovary 121'0 minutes. I'ha;�. it Cull :i':ir,, s t:. ?'; :u;c.! I!" I `i<<�Ill.,.,'•;'rr,r trot hnvo (-,Msr;{i Iris. (imphiowo vnrii tiro l.i+`:''Ji ll' ui puHwt, u:.i)lirll', C^.I FORM (RR-2 Hydrant # = Field Size (wetted acres) = (A) Farm Owner Y Ownei's Address Owner's Phone # Field # I 7 I 1, 1 Z The McLamb Cor . 382 Pig Cradles Ln. Clinton, NQ. 2 328 Lagoon Liquid trrigation Fields Record One Form for Each Field per Crop Cycle Crop Type (1) 12) (3) (4) (5) (6) Facility Number Irrigation Operator Irrigation Opemlors 381 Daughtry Rd. x Address Clinton, NC.28328 Operator's Phone # From Waste Utilization Plan Recommended PAN ) Loading (iblacre) = (13) (� (7) (g) (9) (10) (11) "'Nutrient Source Date (mrrVddlyt) Irrigation Waste Analysis PAN' (IN1000 gal) PAN Applied (Ihlarx+e) (R)1(gj 1000 Nitrogen Balance" (W--) (6) - 00) Start Time End Time Total Minutes # of SpMlders Operating Flow Rate (ga(lmin) Total Volume (gallons) (0) x (5) x (4) Volume per Arne (gaVacre) (7) ( (A) 7� �29 11,67� ,?,c� IBC �- s23 q god2 2• Lf Crop Cycle Totals Owner's Signature Operator's Signature Certified Operator (Ptint) Operator's U(tiSicaUon No. i jcl ;A VJ:Jnlo Al l;lvhis - m I_4joiv;6!1I). At o-i ntiniml Im..Ww5l , anailysis i5 n,;,uil ,cl v.Mtits ril) d:1ys ()I Iancf applicatinn evrn!y. FOR A IRR-2 Lagoon Liquid Irrigation Fields record One Ferin for Each Field per Crop Cycle I iydraill 9 r` Field k Field Size (weltud acf") = (A) Farm Owner M Owner's Addres-- Owner's Phone -H Y The McLamb Corp. 382 Pig Cradles Ln. 28328 Crop Type C)' r11 171 f31 14) f51 161 Facility plumber Irrigation Operator Irrigation Operator's 381 Da u g h lL r y Rd. Address Clinton, Ne.28328 Operator's Phone V From Waste Utilization Plan Recommended PAN � Loading (Iblacre) = (8) !71 (a) (9} (10) (11) ...Nutrient Source Date (mm/ddlyr) Irri_nation Waste Analysis PAN' (Ib11000 gat) PAN Applied {tb/acm) (81 x (9] low Nitrogen Balance" {lhlacre) (B) - (10) Start Time End Time Total Minutes (3) - (2) got - Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acra (gav—) (7)1 (A) 13= Z2 U : v"s l `< ou gD 1 �` SU (7 Sli .5 ,r 3 Crop Cycle T otalsi Owner's Signature CeMlied Operator (Print) Operator's Signature Operator's Certricolion No. 1 I•:�=D/� �':',i:;ht rV;,:', I;;;:; ui !_+fur:,tlui�:. �1t � ��,;;;i;I;Ut;i, t•;;:;;lu ;:nal',s;;; i.; rlc�;uec] xriiari (il: {1:1V;; r)i I:uIU :31i{�lic:rl;nn rvanl5. Foatvi Ir:R-2 l fydrant 4 qr Field Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone # + r � The McLamb Corp. 382 Pig Cradles Ln. Clint ' 2 328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type S (1) M (3) 14) (5) (6) Facilily Number L ! ,V. J Irrigation Operator Jimmy_j] Irrigadon Operators 381 Daughtry Rd. Address Clinton, NC.28328 Operator's Phone # Frorn Waste Utilization Plan Recomrnended PA14 Loading (Iblacre) = (3) [71 (B) {9) (t0) (11) "'Nutrient Source Date (mmfddlyr) (rridation Wasle Analysis PAN" (it)/1000 gat) PAN Apptiod (161—) (85_ _ x_(91 1000 Mtrogen Balance" Qblacrc) (B) - (10) start Time End Time Total Minutes (3) - M # of Sprinklers Operating Flow Rate (Baltmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gatlam) (7) l (A) gs lZD •i) /FD?0 1�72 y•�j <<,v. 12 /,�'D -660 %2 1`.`�' /GAS 3D � 5 Owner's Signature Certilied Operator (Piinl) Crop Cycle TotalsL I Operator's Signature Operator's Certification No. 1 c} 0 i':CDA ,Vaslt lutFly) i (.n Equiwkiit. At 3 +niilimuln, wa5lt'- analysis is IequitCd wilhin 60 days of land applicrition ovem;. FORM IRR-2 I iydrant # = Field n = Field Size (wetted acres) = (A Farrel Owner Owners Address Owners Phone # f [ Z2 The McLainb Corp. 382 Pig Cradles Ln. Clinton, NC, 28328 Laqoon Liquid irrigation Fields Record One Form for Each Field per Crop Cycle Crop Tyler o— f ,l rI?s MI rar riti rrl Facility Number % 3 Irrigation Operator Wigation Operators 381 D a u g h L- r y Rd. Address Clinton, NC.28328 Operators Phone From Waste Utilization Plan Recommended PAN Loading (lblacre) = (B) M 011 191 001 01) —Nutrient Source hate (rnmldd/yr) krinatipn Waste Analysis PAN' (lb/1o00gaf) PAN Appliod (ltvacm) (8) x (41 1000 Nitrogen Balance" QbI—) (B)-(10) Start Time End Time Total Minutes (3)-(2) q of Sprinklers Operating Flow Rate {gallmin) Total Volume (gallons) (U)x(5)x(4) Volume perArre (gay—) (7)1(A) a -2y r✓ :' r G 0 (y� S c GZ% : '7 l .i` � 3 J c`. ! ! Crop Cycle I olalsL Signaluie Uc-rtifieo Operator (,Tint) Operator's Signature Operator's Cerlifimlion No. 1 c) n q, l C.DA %FV,i --lu At I ui � ur, lCi ;. ! l r;,rt„tIGi1 . i JLlC r l' i lu Wfci3 v:aUlicl GU [; i � ,� C �vs of ;and .,p174C:11 nn (,veinls. FORM 1RR-2 Hydrant i; t� Meld Size (wetted acres) = (A) Farm Owner Ownees Address Owner's Phone # Field r: �_ The McLamb Co;4 . 382 Pig Cradles Ln. 2 8 3 28 Lagoon Liquid Irrigation fields Record One Form for Each Fif�ld filet Crop Cycle Crop Type n �� J (1) 12) 131 M4 f51 ftil Facility Nurn4et I / Tt Irrigation Operator Timmy D- Irrigition Operator's 381 Daughtry Rd. Addre z C11.nton•, NC. 283213 Operators Phone # Front Waste Utilization Plan Recommended PA14 Loading (Iblacre) = (B) _ (7) !Al f91 1101 ill) "'Nutrient Source Data (mm/ddtyr) krigation Waste Analysis PAN' (lb11000 gal) PAN Applied (Ibt—) (81x(9 loco Nitrogen Balance — pblaao) (8) - (10) Start Time End Time Total Minutes (3) - (2) # at Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (0) x (5) x (A) Volume per Acre (gaVacre) (7)1(A) 3,5 ! Crop Cycle Tutais Owrtet's Signature Celtified Operator (Print) Operator's Signature Operator's Certification No. I:CDl, Wt !. ;1„ l.ri j)Isi Ur Equivaluiil. At ., rnitlinium, wastts atr.tlysit; is required v:ilhin 60 days of land application events. FORM IRR-2 I iy'drant " H Field Size (wetted acre,) = (A) Farm Owner Owners AddrevN Owner's Phone # i-ieid n 1 I i The McLamb Corp. 382 Pig Cradles Ln. NC, 28328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type C �' 11] (7) (3) (4! IS (61 Facility Number - / Y Irrigation Operator 1-6g3tionOperates 381 Daughtry Rd. ,address Clinton, NC.28328 Operators Phone # From Waste Utilization Plan Recommended PAN Loading (Iblacre) = (B) (7! 181 (91 (10) (11) "'Nutrient Source Date (mnVddlyr) Irrigation Waste Analysis PAN' (Ib/1000 gal) PAN Applied Ob/ace) f81 x (9] 1000 Nitnxjon Balance" (iG —) (B) - (10) Start Time End Time Total Minutes (3) - (2) is of Sprinklers Operating Flow Rate (gatlmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gaVacre) (7)1(A) L �- 115 -165 �� ;. ( 2 ; �� 2 yG .SG C cl G 7 s 1 4�-r'-- Crop Cycle Tulals� Owsier's 5 ynature Operator's Signature Certified Opetarlor (Pr61) Operator's Certification No.__� N'CLiA :r.'a: lu ;�rrcly$:i5 �r1 (_dinv;,lr,iil. �;1 :I iuil6111 nl, waylb ;�n31y5is is tue4u6jd Y:illim 60 days of Wu appfiCalion events. 4 FORM IRR-2 Hydrant # f-ield Size (wetted acres) _ (A) Farm Owner Owner's Address Owner's Phone 9 Field x I !r 1 �7 • The McLamb' 'Cori . 382 Pig Cradles Ln. ---CJ-Lnton, NQ, 28328 1 D 532. 3 516 Lagoon Liquid frrigalion Fields Record One Form for Each Field per Crop Cycle Crop Type (11 !2) (� 21 (41 (5) (Gl Facility Number l 2 - ;6T Irrigation Operator Irrigation Operators 381 Daughtry Rd. Address Clinton, NCG.28328 Operator's Phone # Front Waste Utilization Plan Recommended PAN ` l Loading (Ib/acre) _ (B) U !7l !81 f91 (lol (ltl —Nutrient Source Date (m(rVdd/yr) Irrigation Wasle Analysis PAN' (Ib11000 gal) PAN Appliod (blacre) (8) x M) 1000 Nitrugon Balanoe" Obt—) (8) - (10) Start Time End 'rime Total Minutes (3) - (2) it or Sprinklers Operalirvg Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7)! (A) a= 5r Crop Cycle Totals Owner's Signature Operato('s Signature Certificd Operator (Print) Operator's Certification No. 1 q Sdr..( 1!. VJaS3C /.n3)'I E Cl 1-_quiv !Cfll. /fit ItIIIIYTIIIIn, wv�,to nnnl :;IS is required '::ithin GO daj,$ of to ld appllcotion 4"velt:5. t-ORM IRi2-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Hydrant ti Field ti ) Facility Number Field Size (wetted acres) = (A) / 2 Farm Owner The MCLamb Cor • Irrigation Operator Owner's Address 382 P i. g Cradles Lit . Irrigation Operator's 381 Daugh try Rd. NC 28328 Address Clinton, Ne.28328 Owner's Phone # g� Q 5y� 5 7 fa Operator's Phone # �4 From Waste Utilization Plan Crop Type ERI:W111r:,ended PA14 / ) 5 C./ Loading (lalacre) _ (6) S (5) (2) (3) cos (5l ref 17) (n) to) (to) {1t} "'Nutrient Source Date (mnrlddlyr) Irrigation Waste Analysis PAN' (Ibti000 gal) PAN Appli©d (lt>lacre) (8) x 0 1000 Nitrogen Balance" (Ihraorn) Start Time End Time Total Minutes (3) - (2) p of Sprinrders Operating flow Rate (gatlmin) Total Volurne (gallons) (6) x (5) x (4) Volume per Acre (gallacre) (7)1(A) f3= t?ti=7�� �f rIo' cS :Or 542 `Soy �= � � . i v ;`:L 2� • f' (� -ls.—Oct b ; /s '7, 7 2- �7 . I Crop Cycle Totals l Owner's Signjture Geitsfied Operator (Print) Operator's Signature Operator's Certification No. 1 g 0 q 1 i��.(1 !� Vti', �:;I�r f�l ir!�rltiiti rn �gkiiv;ll��l it !•t :.I lniINIIlvlll. t'; ;;Slit Jrlalysl$ IS luquirCd t'amin 60 day,, O: I nd applicalron CVeriLS. FORM IRR-2 I iydrant # Field # ,L Feld Size (wetted acres) = (A) Fann Owner Owner's Address Owner's Phone # The McLamb Corp. 382 Pig Cradles Ln. C 2 328 Lagoon Liquid Irrigation Field,- Record One Form for Each Field per Crop Cycle Crop Type (1) (2) (3) (41 (5) (61 Iraality Number C7 2- / l Irrigation Operator Irrigation Operators 381 Daughb;ry Rd. r Address Clinton, NC.28328 Operator's Phone # 2106 From Waste Utilization Plan Rtwnunended PAN Loading (lb/acre) = (B) v (71 (81 (91 (101 (11) —Nutrient Source Date (mrn/ddlyr) Irrigation Waste Analysis PAN' (lblSOdO gal) PAN Appliod (1131- e) (8) r (2 1000 Nitrogen Balance" Wacre) (B) - (10) Star( lime End Time Total Minutes (3) - (2) a of Sprinklers Operating Flow Rate (gavmin) Total Volume (gallons) (6) x (5) n (4) Volume per Arse (gatlacre) Qj 1(A) S= O Dev Crop Cycle Totals Owner's Signature Certified Operator (Print) 01ruialor's Sigrralui4 Operator's CertiticaGon No. 1 g 0 q 1 ' NCOA Waslu Arraj•lL;io or Equivalent. At a rniriiaiunl, veaste analysis is required w; thin 60 days of land application events, FORM 11'R-2 Lagoon Liquid Irrigation Fields Record One Farm for Each Field per Crop Cycle I iydrarlt # C 11Field # Z Field Size (wetted acres) = (A) farm Owner Oyiner's Addres-, Owner's Phone Z :67 The McLamb Cor 382 Pig Cradles Ln. Clinton, NQ, 28328 _9-0 592 1 51 ( .- Crop Type 6 J r11 121 131 1`41 r51 (61 Facility Number r-.-- - Irrigation Operator irrigation Operator's 381 Daughtry Rd. Address Clinton, Ne.28328 Operator's Phone q 5- From Waste Utilization Plan Recommended PAN Loading (Ib/acre) = (I3) f71 18] (91 (10) (1t) "'Nutrient Source pate (asm/ddlyr) Irrigation Waste Analysis PAN' (V1000 gal) Parr Applied (liyacre) (g)x(91 1000 Nitrogen Salance" {tb+aac) (p) (10J Start Tirne End Time Total Minutes (3) - (L) # of Sprinklers Operating Flow Rate (gallrnin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gallacra) (7)1(A) !Z—�D L5J Owner's Signahue Ccrtilied Uperninr (PrinlI Crop Cyclo Totals I Operator's Signature Qperator'� Cer1.i ic3dort No. _ _9 _09 Ll;Ldr.,;v11;. r,t nidliiu;II;,V.Jb,I n.rlysis I icywior} V;u11in UU II;iyti 01 i:xN; ai7p11GiliOn events. FORM IRR-2 Lagoon Liquid irrigation Fields Record One Form for Each Field pi -If Crop Cycle I iydrant # Field # Field Size (welled acres) = (A) Farm Owner Owner'-- Address Owner's Phone # ,Gn The McLamb Corp. 382 Pig Cradles Ln. 28328 Crop Type 5-6- 0 ) f2) 0) (4) (5) (ti) Facility Nunrtler /y3 Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, NC.28328 Operator's Phone # From Waste Utilization Plan Recommended PA14 r 7 Loading (lblacre) = (B) C/ (7) (8) (s) (to) (rr) ...Nutrient Source Date (mnVddryr) Irrigation Waste Analysis PAN' (lb11000 gal) PAN Appriod Qblacm) 16 A M tr)D0 Nitrogen Balance" (1bf—) (B) - 0Q) Start Time End Time Total Minutes (3) - (2) p of Sprinlders Operating Flow Rate (gaftin) Total Volume (gallons) (0) x (5) x (4) Volume per Acre (gall—) (7) l (A) 00 > ` sa f 5� �. 2 3 `� , I .4. y `t 71 zs Crop Cycle Totals) Owner's Signature Operator's Signature Certified operator (Print) Operator's Cettifcadon No. I:Gi7 r, ', .LGtV ;nwtsi of t_raur ,-JI0 rt. A[ a mil iirnuni,.wa5i ; arraly5is is tr.(luir[jd willrirr 60 Clays of 4ind appticatinrl events. FORM th'R-2 Hydrant rr IT Field # F-� Field Size (wetted acres) = (A) Farm Owner Owners Address Owner's Phone P -7 r ! The McLamb Corp. 382 Pig Cradles Ln. Clinton• NQ, 28328 _8 5-92—J 516 Lagoon Liquid Irrigation Fields Record Cite Fufrn for Each Firid per Crup Cycle Crap Type S (1) f2l (3) (41 151 161 Facility Number [ L / Z" Irrigation Operator ID)z p� MCT.amh IrrigationOperatnrs 381 Daughtry Rd. Address Cl-inton, N(!.28328 Operator's Phone # Front Waste Utilization Plan Recommended PAN - j Loading (Iblacre) = (B) •i C/ (71 rat (9) it01 f1t) "'Nutrient Source Date (mrnrddlyr) Irrigation Waste Analysis PAN' (Ib11000 gal) PAN Applied Qblacre) (8) x (91 1000 Nitrogen 6afance" (Iblarze) (B) - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operafing flow Rate (gallmin) Total Volume (gaitons) (6) x (5) x (4) Volume per Acre (gaVaae) (7)1(Al 8= (�'z-Otf 2:miJ /-(:Uv vL :�� J1Q /r �Q �- Owner'; Signature Ceftified Operalol 1poni) Af Crap Cyclu Totals Operator's Signature Operator's Certification No. Tract 11 Field Size (acres) " (A) Falrn Owttar Owner's Address Owner's Phone 11 Lagoon 11-riptiol) Fields, Record One form for Fach Field per Crop Cycle Facility Number I- I i� r 3 ~�1 irrigation Olteralur lrrlcdattorlOperator's 1143 -_7 Address cV, Operator's Phone 11 s�� From Waste WHIzation Plan Crop Typn rleconuneoded r'An LoadGrg I (Iblacle) = tnl Z . 2 (J ill r21 r31 M l5i (G) I71 ral t©i 1101 rr1) Date rtimfddlyr !r rlgallrnr . waste Analyals IWI , (IbllU(lpgal) VArl Applied ill0cre) J0) " (9) 1000 rrilrogen Balance' (11,lacrc) SrarlTlrllD _� End Time 'total M611e1 (/ p or Sprirhlere Operaiing Flow rlato (gallrnln} TplaiVpiltllle (gallons) (©) (51 (4) Volume perAGC (gallacre) ,1L (A) 77 y/ J J. i crop Cyclo 'Votals L Owner's Sfgnalure Otleralor's SlJnaturo Cetlified Operator (POW) Opelatul's celtiricalion rfu. • rIC17A wadi( Artaylysls or L=rluivalertt or NrW3 Gslintate, 'reClrnical Guidu Section Gas. ' f,irlur ilia value recelved Icy sttfllrtClinU culurnn (10) frairl (B). Continuo sufllradilig culumn (10) hone culunm (1 I) followiny re7r,li Irria}nli[>n rweril. Tract 11 Held Size (acres) = (A) f=arrn Owner Owner's Address Owner's 1'11or10 11 I:XII I Is I'l' I•.--7. Lagoon Irrigalion Fields Record One Form for Each Held per Crop Cycle Facility Number lrrlUaliorl Operator Irrigallon Operator's Address Operator's Phone 11 From Waste Ullllzallon Mali Crop Type l i - -ul ` Recommended PAH L oadi r i j / Iblaue © i fit 01 M 141 151 (6) (71 (0) to) 1101 rill Dare nuldJJlyr In1Ua0ar wasle Analysl, PAN {llrllBUU gal) PAII Applled (Iblacle) AL LL 1000 nilfogen Balance' pblacre) (D) - (10) Siarl ilnra End Time Total Mlnules (a) • {z) q of Sprblhlera ppemllnU Flow Rate (gavrnh) Total Voloma Igallorrs) T) • (5) , (4) Volume per Acre (Uarlacrej _(7l- n 2' Crop Cyclo 7olals i Owner's Sfcdnatwe Codified Operalor ([Phil) Operator's Signature Olmatur's Ceilificalion No. `(:I)A Wasto Anaylysis or I qulvalenl or I`ll(CS hslintale. Teclrlrlcal Guider Seclion 633. ""I v;1111e leceiverl by nuhlractirtg rnluinn (10) from (1-1). Cnnllnue sullrrarling r.011 rin (lf1) hom rulunlrl (11) lullowiiig uac11 111i9olim] uveld, Tract !! Ficld Size (acias) = (A) Farm Owner Owner's Address Owner's PI10110 ll' I "x I I I I',, i , i' i.; -- / U.1goorl lfliyJ llioll 1=i{dcls Ro'corcl One Form for Each Field per Crop Cycle Facility N41111her lidUation Opemlor Irricgallon Operalor's , 3 / ,;ice ' , rc., lev Address Operator's Phone IJ 9/0� From Waste Utilization Plan crop'rypa Recommended PAN Loadlnp 1 _ _ (Iblacre) - (D) l to M 131 14) (5) (61 {71 181 10) t101 MI /.�JJZ— Datn nlnvddlyr lglpallon VvaslnAnafysl�I'AN' (IbIIUDD gal) PAIL Applied (Ihlacrc) _t(rLh}_ IODo ' NitrogenDilance' (tldacre) (D) - 00) Start Ib110 %G End Time Total IUlinuree p v! 5prblkler3 Opera1ing Flow RaID (ga!lndrl) TOlai Volume IgaEfons) (6) " (5) " (4) Vpllml9 - _-- per Acra (pallacre) -LL ��� Crop Cycle Totals I j Owner's Sfgnaltrra Ceilified Operator (Piitil) Operator's Slgnalure Operalor's Celtificaiioil Flo. i NCDA tnlaslo Anaylysls or EgOvalertl or NRC > ,liinalc, roctinft al Guidu uecliuii G33. ' 1_11ter 1110 Value recolved by stihlractInU culuriul (10) from (13). Continua subtracting column (10) front cohnrnl (1 1) lollowlnc! early Irrigalion r�Venl. FORM MR-2 Tract 11 Field Size (acres) = JA) Farm Owner Owner's Address Owner's P11011e 11 Lagoon irrig-Boll Fields Record Ono Form for Each Field per Dop Cycle Facility Number .z._- 1 Irlluallon Oper-llor _ T Irrlydalion Operalor's Address Operalor's Phone 11 F.XIILisIT V.-2 From Waste Utilization Plan Crop Typs �1 Recommemled PAN 1.oarlln{l J' M (21 13) (41 151 16) 111 lei 191 (101 1111 Dale am+lddlyr 1F1IQa119f1 WasreArmlyaIsr'Arl' (n)rluoo Q,q f'ArIApplled (Mfacm) _191_(9}_ 1000 r IRmlenfrolance' (Ibiacfe) (rll - (11)) srarr 7lme - J~nrl Thne rolal Mh1ules A ur Spdnkrara OpernlinQ FIDW no1D (QaUa1111) To1at vDllrrno (pa11on9) (6) 1 (5) ■ (4) Volume per ncFe (Qallocra} J11_ (A) Crop Cycle Totals Owner's Signalure cellified Operalor (Prinl) Operalor's Sl(nalurn Operalor's Cellificalion No, C tUA Waslo Anaylysls or L(Illivalellt or NRC;i Estimate, rer.Ilnlcal Guinn Seclion 633. .1"t viliue lecelved by sulr(roc(In41 cu1u11111 (10) (roll) (11). cr,nllnuD sulllracllrlg coluruu (10) holn column ( t 1) folloavinl f;ac11 lfdualioll event. IC�III Itl'I' I•:-'J Foum if(rt-L Tract It Field Sizo (acres) = {A) Farm owner Owner's Address Owner's Phono It Lagoon Fields Record Ono Form for Each Held per Crop Cycle Fiwilily 1Jufr bet ti Irrigation Operator, ,Til, _. IrrlUalion Operalor's , .3-3 �= �d. ' Address Gl �'� _.c.f, g --,n Operator's Phone Il y /o —5- From Waste Utflizallon Plait Crop 7ypn Recommended PAIL r.oa,lh,ft I .��'7 _ I (Iblaera) - lot ill r2l 131 ill 151 rpl ill -fBl -- - . - rpr fI m Dale Innuddlyr _ .. rnlparinn wash Analyals PAN (Ib1IbUD par) PAII Applled (lhlacie) JDL" (RL I DOD Nllfopen Balance ' (Iblacae) (D) • (la) 1 Stall Tlme j;r.,J � End 71rne y`�T Total - ' Mlnules ��/ p of Sprinlder� Oerall _ pnp -------� - - Flow Rala (asI/min) ✓ �` Total Volume {patlons) (0).m (s) • (l) VDlunle pet Aaa (paVacre) JZL -/�-D� i Crop Cycio 'totals I I Owner's Signalure Celiffied Operatur ((Tint) Operalor's Slgnahlro Operalor's cellifrcation No. l NGDA Wasto Anllylysis or Equivalent or NRCS Estimate, -rodmIca! Cuide Section G33. 7 Ditor 1110 Value reCCIVed by sulltractifrij colrllull (10) from (111). continuo subIraCllltg colulnn (10) flom coturlill (1 1) folto.,A)U each 1rliJ,rtiull OV0111. w Forth WR-2 Tract it 1=ield Sizo (acres) = (A) Farm Owner Owner's Address Owner's 11hono 11 1'Xllllti'I' 1•:--'1. Lagoon Irrigation Fields Record One Form for Each field per Crop Cycle Facility Number �� - I J _ llri�atiors Olreratar � ' IrrIgation Operator's Address Operator's I'hone fi From Waste UtIftatlon flan crop Type ' necommended PA14 Loadlnp l ,� (Iblacre) = in) rn nt 131 141 (5) r01 (71 to) (0) (10) r11) Dale nntJdJlyr rnigallort Waste Arralyslo I'AH (ki�11000 gaq PAI1 Applied (Iblacm) JO) ± (2L 1000 nilrogen nalance' (11daue) ID) - (10) Stall ilnre End Thin total htlnule� p o1 Spi6rkler� Operoling Flow male Total Volume (gallons) (s) „ (4) volume per Acro (gauacre} _Il) (A) Crop Cyclo 'rotals I I Owner's Signature Certified Oporatur (Print) Operalm's Signalme Operalor's Certification No. '(:OA Waslo Anaylysls or Lquivalcnt or PII (CS 1_stimate, Technical Guido Section 633. -',n woup received by slllrlrarling colunut (10) (runt (1.1). Conlinun sutHracting colmim (10) 1`10111 Cn11111111 (1 1) foliowillu each 11OU't6on evetll. FA I I I I I•.--1. r' F=oizfvl IIm-2 Lagoon Irriyalioll Fields Record One Form for Each Field per Clop Cycle Facility Number, _. ._ .Iulyalion.Operolor <�-lr Irrigation Operator's r3� � -� Address Operalor's Phone 11 From Waste Utllizallon Plan cr+ap rype I necomrnended PAN Loading /. (Iblacro) = lal f11 (21 [3) (41 (5) (5) (7) (8) (0) (101 Tract 11 Held Size (acios) (A) Fain Owner Owner's Address Owner's PI10110 It j field It y^ v '7 C%�„�-�._� ivy• ' ��3�s 'ter/G rS�t L —lu l Date nuarlddiyr Irripalkor} _ - __ _ Wasle Analysis PAN (11�11000 gal) - - ••- PAN Applied_ • (Ildaae) -.I01 " (2L 1000 - - Nilaogen Balance' plrlacre) (E3) • (!n) Start Tlma kind Time ia1a1 Minutes (3) • {2) p of Sprinklero . Opeoal)ag Flow Halo tga!lnrira) Total Vohuno {gallons) s) (0) , (5) (4) Volume per Aua u (govae) -UL A Crop Cycle 'rolals I Owner's Slgnalmo Certified Operalor (Prir)I) Operalor's Sfgnalure Operator's Celtificatior.r No. l NCDA Write Anaylysls or I-g0valent or MRCS Eslimale, Techi lcal Guido Sudioir G33. 7 Fitter 11te value recelved by suhlrac(ing coltllun (10) from (I3). Conllnuo subIractim) colujim (10) from culalmn ( 11) lullowilrt) each Irrioolion event, I I it IT F=oRm trzrz-2 Traci 11 i=ield Size (Acres) = (A) Farm Owner Owner's Address Owrler'S Phone It Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number Isigatlon Operator Irrigation Operalor's Address Operator's Phone It From Waste Ulilizallon flan Crop lype ►recommended PAN Loading / (Ibracre) - (13) ! - 6 11l 171 131 r41 M rfl I71 481 191 r101 rill Data . nNrVddlyr Inlgatkm Wasla Analyst I'MI {I171100D pal} - - r'A►I Applled (Ildame) JPL" t1. 1000 rritrogen Balance' (Ilrlacre) Ira} - (10) Star! lime End Ttrne Tnial Mlrn)les (2) 0 or sprhrklers Operatlrrg Flow Rata {gaUmin) To1a1 VOhrma (0atrans) (0) " (5) " (4) V01umo per Acre IgaVacre) JIL (A) --2-/ 79 OW-0 Crab cycle'rolals i Owner's Signature Celtilied Operator (t'rinl) Operator's Signature Operalor's Cerliricalion No. v '''T)A Wasln Anaylysls or art Fstimi)tc, recklIC31 Gujjt; St cdic,r) G33. V;d1le lecelV+xl by ;ul)tricllr)g c) lmou+ (10) }iom (11). CoOlmoo StIbIra+;tlnu culunin (10) hum cultmill (1 1) fullu:rim; urar:i: irlill;rlioil eVe;nt. rr \II 111 IT I:. i. I FmPA lltl(-2 Tfact 11 Field Site (acres) = (A) Faim Owliur Owner's Address Owner's 13110110 11 Lagoon lrriyation fields Record One Form fof [Hach Field per Crop Cycle A [:told 11 i v Facility Number irrigation Operator Irrlgatlon Operator'sYc+.- Address Operator's P110110 11 yrU -s 9 z — IJ16 From Waste Utllizatloll flan Clop Typn rlecom+nended PAN i.oa+16,11 J (Iwlacre) = (0) _1 w (11 M (3) 01 (5) (6) (7) to) to) Flo) (III Date unldddlyr If FIUallLit l . VWaslo Analysis I'AN (IbIIUDD gal) VAI'1 Applied {I1Nacle) —(�] "—{�L IDDD . 1141109en Balance I pl,lacre) (11) i lU) 5taF1 time End Thne 17 Total FrIhude� P - (z) 0 ul Sprlrlkleis Operalhlg Flaw fiats {gal/min) Tola] Vohuns (gallons) (0) ' (5) " (41 Volume - per Acrs (gaVacre) _M_ (A) Crop Cycl© Totals I I Owner's S)gnaluro Celiilied Operator (Print) OI}eralor's Slgnalure Operator's celti(icallon No. I MCt1A Wasto Anaylysls Or l:(jWVZ11e1lt or MRCS l-stinialc, Technical GUidu SUL6011 GJJ. 7 I;i1I0r tllo Value Ieuuivu11 by 510Wtactilig CUIUn111 (10) 110111 (n). GUIttllllle SubtraCllli(I collililll (10) IIOIll collilllll (11) lullowIl1O each i(II(tolioll uvelli. /.� FoRrn IRP-1 Lagoon Liquid Inictation Fields Record For Recording Irrig ition Events on Different Fields Farm owner Facility tqumher �1 f Operator Tract & Field N Data (mm/ddl r) Crop Type(acres) Fleld Siza Irrl atlon Time N Sprinklers Operating Operator Initials 'Weather Coda "inspections initials S1arl Tlm© End Time Total Minutes i ' Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Steet, W-Windy 3/14I03 " Persons completing the irrigation inspections must initial to signify that IIi0oclions worn compinted at IpaM every 120 minutes. Note: 11 condillona t,oyond tho perrmittr?o's rsrmunl tiny+ r; iusfari noncompli;mcu with Iho CAVJivli' ur ljui111i1, ar:,Jiuiii on 16v:: s a Or ANIMAL OPERATION INSPECTION FORM l . Date of Inspection(s): December 15,16, and 17, 2004. 2. Regional Office: Fayetteville, Aquifer Protection Section 3. Name of Owner of Property: Kenneth McLamb 4. Name of Operator: Jimmy D_ McLamb 5. Address: 382 Pig Cradle Lane Clinton, NC 28328 6. Phone Number: (910) 592-1516,. 7. Description of Facility Location, Map excerpt attached: Farm is located 9 miles south of Clinton, NC on Hwy 701 on Right. 8. Date this facility began operation: 01/1/1981. 9. Date of last expansion: Not applicable. 10. Has the facility registered with DWQ? If yes, date of registration: 09/21/1993. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation: NIA. 13. Type of Operation: Swine Feeder to Finish. 14. Number and type of livestock: There were less than 2950 Feeder to Finish swine on the site at the time of inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period: Twelve (12) months 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, facility was designed to utilize approximately 29.55 acres of land on which to apply waste. The certified waste management plan calls for bermuda grazed, which can be overseeded with smalluain. IT Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over flushing_pits. _ Waste is flushed as needed from floor pits into the waste lagoon system. The lagoon system is composed of one (1) lagoon from which waste can be pumped to the application fields via a mobile reel and spray gun system. 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A swine farm owned and operated by McLamb Corporation, facility number 82-207, is about 0.75_ mile to the north. Apoultry operation is located about 0.25 miles to the south of the farm. The edge of the spray field is less than 100 feet from a series of ditches that drain into an unnamed tributary of the Greater Coharie Creek. 19. Proximity of facility to neighboring houses, wells, etc.: The closest residence is about 500 meters to the southeast of the hog farm. 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown. 21. Proximity of facility to surface waters: The edge of the spray field is less than 100 feet from a series of natural waterways that drain into an unnamed tributary of the Greater Coharie Creek. 22. Animal waste discharged: Swine Witnesses: Lagy Baxley, DWQ-WO Fayetteville Regional Office 910 486-1541 Mark Brantley DWQ-WO Fayetteville Regional Office 910 486-1541 23. Are pollutants discharged in the waters of the State? YES 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? Yes. 25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters, that will cause or add to the possibility of algal blooms and accelerated eutrophication of the stream. There are no known public health issues at this time. Waste discharges of this nature may, based on comments from Dr. M.A. Mixson, North Carolina Department of Agriculture, Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the violation? DWQ staff arrived at the C and D Farm on the afternoon of December 15 2004 in response to some information given to the department about runoff of waste from the spray field into surrounding woods. Upon arrival the irrigation gun was observed on a downward slo a with the spray nozzle aimed at the tree line at the edge of the spray field. Wastewater was observed landing at the edge of the Wray field and running off while the rest was landing at or behind the tree line. Staff followed the runoff trail to the wooded area next to the spray field and then followed waste for about 300 yards garallel„to the spray field. Waste was pooling and running through natural waterways and low 1, ing areas towards an unnamed tributary of Greater Coharrie Creek. Daylight was fading and inspector could not follow waste further into the woods. Staff retuned to the farm on the morning of December 16, 2004. Staff then followed the flow of wastewater into the woods for approximately some 125 yards where the flow of the wastewater joined that of a branch and „exited the property. This branch is an unnamed tributary of the Greater Coharie Creek located an estimated ;.' of a mile away from the source of the discharge. Samples were taken at the source of discharge, midway to the confluence, confluence, downstream from the confluence, and upstream from the confluence ABBREVIATED SAMPLE RESULTS Location Coliform, Fecal BOD Nitrogen Source 360,000/100ml 48 mg/l 377.63 mg/1 Midpt. To 6,000 87.5 80.96 Confluence Upstream 21 2.51 0.70 Confluence 39,000 52.3 53.23 Downstream 6000 10.4 10.79 27. Water Quality Assessment: No observed impacts to wildlife in the receiving stream. 28. What is the cost of rectifying the damage? The cost of rectifying damage would have included recovering waste from the branch in the wooded area and returning the waste to the lagoons or spray field. 29. What is the amount of money saved by noncompliance? NIA. 30, Was the violation committed willfully or intentionally? While closer monitoring of the application event possibly could have prevented or at least lessened the incidents impact it can not be stated that the violation was Willfully committed. 31, What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority? September of 1998, the farm received an NOD for a weed problem inhibiting growth of Bermuda in field #3 and no CAWMP available. 32. What is the cost to the State for the enforcement procedures? BOD. $36.00/ea X 5 samples $ 180.00 J b Coliform, Fecal: $26.001ea X 5 samples S 130.00 ' Nitrogen: S30.00/ea X5 samples $ 150.00 Art Barnhardt @ 29.36 X 1 hr. S 29.36 Larry Baxley @ 20.45/lu X 2.5 hrs (Investigation) Drive time-4.0hrs S 51.13 S 82.00 P" /� Mark Brantley@19.94 /hr X 5.0 hrs (Investigation)�f,l%. S 99.70 , Drive time- 4hrs I $ 79.76 Report Development- I I.Ohrs 19.34 Central Office Review 00.00 TOTAL $ 1,121.29 33. Type or general nature of business: Swine, Feeder to Finish. 34. What is the violator's degree of cooperation or recalcitrance? Cooperative. The owner has taken steps lessen the environmental impacts. 35. Are there any mitigating circumstances? N/A 36. Assessment Factors: a. IWC: Unknown b. Receiving Stream: An unnamed tributary of the Greater Coharie Creek, Class CSw_ c. Damage: None observed at time of incident. 37. include a copy of any Designation letter signed by the Director. N/A 38. Recommendations Made to Owner/Operator: 1- To actively monitor all areas of the waste application and management system. 2- To construct a series of catch basins along the path that the wastewater flowed in order to collect some of the wastewater and pu!np the collected material back into the lagoon. 39. Recommendations for further DWQ Action: 1- Notice of Violation / Notice of Intent Forwarded 2- Enforcement Action 3- Reinspection RECEIVED DE4R-FAYEMLLE REGIONAL OFRCE March 11, 2005 CERTIFIED MAIL — 7002 2410 0003 0272 8378 RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, NC 28328 SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State Without a Permit Farm # 82-143 Sampson County File No. DV 05-001 Dear Mr. McLamb: Michael F. Easley, Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality This letter transmits notice of a civil penalty assessed against C & D Farm in the amount of $5,121.29 which includes $1,121.29 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 JhCarolina A(ra!!y Aquifer Protection Section 1636 Mail service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper I 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 form and the attached "Justification for Remission Request" which should describe why you believe: (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 Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 I" 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh; North Carolina 27699-1636 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office With a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 715-6629 or Mr. Keith Larick at (919) 715-6185. Sincerely, <Ze�okerc L. Bush, Jr., Chie Aquifer Protection Section TLB/scl ATTACHMENTS cc: Krt $amliard?Fayetteville APS Regional Supervisor w/ attachments Mark Brantley, FRO w/ attachments File # DV 05-001 wl attachments APS Central Files w/ attachments Susan Massengale, PIO w/ attachments STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST KENNETH McLAMB ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 05-001 Having been assessed civil penalties totaling $5,121.29 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 11, 2005 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 05-001 County: Sampson Assessed Party: Kenneth McLamb Permit No. (if applicable): NCA282143 Amount Assessed: $5,121,29 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver„ of Right to an Administrative Hearing, and Stipulation o Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors. applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalt�will�revent payment for the remaining necessary remedial actions (i.e., explain haw payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pa-ges_as necessary): STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON FILE NO. DV 05-001 IN THE MATTER OF. ) KENNETH McLAMB } } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the. Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Kenneth McLamb owns C & D Farm, a swine operation located along Highway 701 in Sampson County. B. Kenneth McLamb was issued Certificate of Coverage NCA282143 under General Permit NCA200000 for C & D Farm on April 28, 2003, effective April 28, 2003, with an expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters of the State. C. On December 15, 2004, DWQ staff observed a discharge of wastewater at C & D Farm from a spray field to an unnamed tributary of Greater Coharie Creek, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Kenneth McLamb had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $1,121.29. U. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Kenneth McLamb is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Greater Coharie Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Kenneth McLamb may be assessed civil penalties in this matter pursuant to G.S 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against Kenneth McLamb pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 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, Kenneth McLamb is hereby assessed a civil penalty of: $ Q 4 D. Q p for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. $ D O D. 00 TOTAL CIVIL PENALTY $ _ 1,121.29 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforeg nt procedures. (bate) dore L Bush Jr., Section Chi . Aquifer Protection Section Division of Water Quality Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 6723 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Request for Remission of ivil Penalty C & D Farm Farm # 82-143 File No. DV 05-001 Dear Mr. McLamb: . In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,121.29. There are two options available to you. You may choose to pay the penalty or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your receipt of this letter to the attention of: Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the recommendation to deny the request will be delivered to the Committee on Civil Penalty Remissions for final agency decision. 1�` Carolina rater= Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: hqp://h2o.enT.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-977-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Errrployer-- 50% Recycled/10°/9 Post Consumer Paper Mr. Kenneth McLamb Page 2 If you or your re resentative would like to speak before the Committeeyou must complete and return the attached form within thirty (30 days of receipt of this letter. Send the completed form to: Mr. Steve Lewis Atli DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Steve Lewis at (919) 715-6629 or Keith Larick at (919) 715-6185. Sincerely, d. , 0.- �' Alan W. Klimek, P.E. AWKlscl cc: Art Barnhardt, Fayetteville APS Regional Supervisor Mark Brantley, FRO Larry Baxley, FRO File # DV 05-001 APS Central Files General. Facility, nformation,} Numlier�a 82 143 �' � .��� �Fac�lity County Sampson Owner Kenneth INIcLamb Manager immy McLamb Address 382 Pig Cradle Lane Clinton NC 28328 Certified Farm Name I C&D Farm Phone Number 910-592-1516 Manager Phone 910-592-1516 Lessee Kenneth McLamb F ARO O MRO O WARO O WSRO WIRO 6 Location 0 FRO (� RRO 0 9 miles S:.of.Clinton on. Hwy. 701-on.right Certified Operator in Charge I pimmy D Backup Certified Operator Comments Integrator change 212612004**KDL lriactive.operatio ❑?Lagoon Cloi d cLamb Date inactivated or closed Type of Operation ® Swine ❑ Poultry ❑ Cattle ❑ Sheep ❑ Horses ❑ Coats ❑ None Design Capacity � Y 2 e nssY0 --tom .� `+�4 •' - �- nk Q:Qith�r _� Wet Poultry ❑ Layer ❑ Non -Layer Dry Poultry ❑ Layers ❑ Non -Layers Pallets ❑ Turkeys ❑ Turkey Poul ❑ Other Total 2,950 SSLW 398,250 I Sv ifle i Feeder to Finish i ;`Neimber.of Lagoons L`Holding Ponds .� Lagoon Total Capacity. ft's 505,815 ❑ Subsueface Drains-Preseit - ❑ Lagoon Area [ISpray Field Area ❑ No;Liqurd Waste Manageinent System C&D Farm Latitude 34.8800 SR c • i i . �Starttlae I11/1981 Ava�lAcres t29 55 . ' 29.55 �' ores C Wilson Spencer `Techn�eal x Speci ' t ;nl mar Murphy Brown ❑ Request to be removed ❑ Removal Confirmation Recieved Comments Regional DWQ Staff Dry Litter Description Murphy Brown Longitude 78.3419 t f F s Basin Warne: 1611993 998 Irrigation System Higher Yields Vegetation Acreage Other "r E fv, i s,k>� -y 4e N '7•ki 'k, _ f -{ at 1 5 x�4y3r F�NY'. , ,) w x ,} i .#„jn 'k. rwJ^� t� 1 p�'� ^� .[ i3r3 A 1 J� ^H^�.fg J-{A't �i' ?' 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Y¢'�`I�'� t j� 5�'� FY •.F� �` )}� � yG-�y{yp a�ik f�F�• � +c.i �� 1{ � Y ; � ]� 3 K . 1+ l i i ��� . Yi +i�Y �'•f,A-� �� S�a'q{x'`��,F,•1' ,Y '•,ry ,3,.� 5 ANT{ f �i'�e-�'T 4 S � r Gfr' y {� t't ��, 1`k 2 1 a� �I' ���yl��. •t a`�Sd I � J4j�.e 'lF {`�'dy''sG ! IVI R N� `�� '��S['4 �M�� �L, +• IJ.� i1 T�q ��r,•h4° Mals� rc , z, Rp xg � wpt, "AI -pz e� M N6 FM .7 Ow -ja" "y 2 F. -1 all, a,t14 lMa, I, , X2A fi a V;gm"O ,A5, Zm M, Ft 4w i7 ..........by I ITIT ........... W"wffiItMmI �n ry # Mlkl; 0. Y jT 4p Fr SP g WK 11 W IT 'Al Al Z� MaP- IE --MT•u 47 CAD Farm up -stream Facility: 82-143 Creek Owner: Kenneth McLamb Confluence "v Down -Stream Mid -Point Source .6. W; 46 rw -I- Up-Stream Confluence 44 Down -Stream ., �♦ ��� -t' � i��fl�f I e„,'fir Mid -Point V IV 3 4 Source A Lr IN (Type of Visit ® Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance I Reason for Visit O Routine t7 Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access it FaciGtF Number 82 1�3 !late of �'isi1: t2-15-2004 Time: 4:15 pm -;�.••.- O Not O erational O Below Threshold ® Permitted [3 Certified ® Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ............ Farm Name: C.&.r?TAft1[t...................................................................................................... County: 5.ampsom........................................... ERO ............. Owner Name: Kenarth --------------------------------- -McL.amb.... ............................................... Phone No: 910-59Z-1515.......................................................... MailingAddress: �..dig-CrAdlc..La7Re.......................................................................... CAAML.A.0 ............................................................ 2.8328 ............. Facility Contact: .......................... ..Title Phone No: Onsite Representative: Integrator: NtulCphy.j$r.A.wia................. ........................................................................................................................................ Certified Operator:, immyj)................. ...... Operator Certification Number: 19.Q9.1 ............................. Location of Farm: miles S. of Clinton on Hwy. 701 on right Ilk 19 Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 52 48 Longitude 78 • 20 31 ❑ Wean to Feeder ® Feeder to Finish ❑ Farrow to Wean Farrow to Feeder ❑ Farrow to Finish ❑ Cilts 10 Boars Design Current Design Current:- Design. Current 't ; 2950 ulation Poultry Capacity Population Cattle Capacity Po.iulation `- ❑ Layer ❑ Dairy ' ❑ Non -Layer ' ❑ Non -Dairy ❑ Other Total Des►e Capacity 2,950 Total: SSLW 398,250 Number of Lagoons 2 Discharges & Slreani Impacts 1. Is any discharge observed from any part ofthe operation? ® Yes ❑ No Discharge originatcd at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed. was the conveyance man-made? ❑ Yes ® No b. ifdischarge is observed, did it reach Water ofthe State`? (If yes, notify DWQ) ®Yes ❑ No c. 11-discharge is observed, what is the estimated flow in gal/min? 80+ it. Does discharge bypass a lagoon system? (,If yes, noti6- DWQ) ® Yes ❑ No 2. Is there evidence of past discharge from any part of the operation'? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No StrnCIM-C I Structure 2 Structure 3 Structure 4 StrUC[UCC 5 5t1-ucturc 0 Idcntificr: I .................... Freeboard(inches)- ............... I.$ ................ ...... ......................... ................................... ...............-................-.. 12112103 Cnnrinued Facility Number: 82-143 Date of Inspection I2-15 2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes ❑ 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 ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. is there evidence of over application? If yes, check the appropriate box below. - ❑ Excessive Ponding [:]PAN []Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000 12. Crop type ❑ yes ❑ Yes ❑ Yes ❑ No ❑ No ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below ❑ 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 ❑ No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern) If yes, contact a regional ❑ Yes ❑ No Air Quality representative immediately. Comments (refer to question #) EXp1ain any ,YES answers and/or any recommendations or any other camnients Use drawings of &61ify to better explain sifi;id ns (use additional pages as necessary) ®Field Copy ❑Final Notes ,r r �•a:L r� yt:� i v :L._ t•' k •�F ca•' � 1 ,�.i`,'. a -- .,,,, rS �^;� DWQ inspector visted farm as a result of information given to the department about runoff ofwaste from the spray field into surrounding woods. When inspector arrived no one was present on the farm. (inspector had spoken with a farm rep. over the phone.) Mr. Mclamb arrived on farm 5 min after inspector. Upon inspection of the irrgation gun it was noted that the spray head was not turning as designed. e gun was setup on a downward slobe with the gun nozzle aimed at the tree line. Wastewater was observed spraying toward the trees. Some of the wastewater was landing on the edge of the spray field and running off while the rest was landing at or behind the treeline. r. Mclamb shut down the irrigation system. Inspector followed runoff trail to the wooded area next to the spray field and then followed waste for about 300 yards. Waste was pooling and running through ditches and low lying areas towards an unnamed tributary of the Greater Coharrie Creek. Daylight was fading and inspector could not follow waste further into the woods. Mr. Mclamb tried calling everal heavy equipment opeators to come out to his farm and dig a series of catch basins and dams. No one was available to come that evening, Mr. Mclamb was also unsure at that time as to how long the irrgation gun had been spraying. Lagoon was noted as being in the form storage. Inspector asked Mr. Mclamb to do what he could to contain and recover as much of the spill as possible. Told Mr. Mciamb that inspectors would return on the morning of 12-16-04 for a more detailed inspection of the discharge site. Reviewer/Ins ector Name - x� P Mark Brantley ti. _ � �' Reviewer/inspector Signature: /, �,,,_� Date: / V - 16 - a a TM MiNN' M.I.M.1i"....M...i, i ;,C0UnN:! Sampson Ta- ly b cilit NUM Swine 01W FA �Fyf N C&D Farm :J: Ke nee IMcLamb nneth Reason for,Ex6rilptiori 2H .0200 Certificati6i, MIS Cor -nd-ehoe_ ", _- 6 etter Letter DateTyped ditio"na:1-Coirnments ti Nice UDeficienqy Weed problem i6hibfflnq.growth of beenuda in field #S 0�138198" No,CAWMP copy -available 0 M .FAQ t JM4 CaseNumber' Central Off Ice Lod Ifi...—Date iPenaifyAss6ssed' Ten' lty.:A' ount.' oU ht;Paid',,:Case Closed,Date Y., o Site Visitation 44i, sf6tv: Visitation Date Ag'ency:'. :I 69WO 041 ofVisit Date Agency Type of Visit D! viM o 1 0 f'Wat er . up Iity'. 212312004 Division of Soil anil Water 2/15/04 Division of Water Quality Complia n'cp I o ispection (Operation Review 'Compliance Inspection 02/14/01 Division of Soil and Water Division of Water QUality Operation Review Compliance Inspection Dat 6 Typeof Visitency 1 ation, Visitation te Ag Tkoebf VisitDa Dq 10/22/03i 4115/03 11."iDivision ivisi oji�a`ei` D on t 1,t of Soil and Water C6 6 on"� rhpliailt t1iispe�6 Operation Review qr DMsion' o - f Soil - :and, Water Division of Water Quality Operation Review' Compliance Ins ection P AL Type of Visit §) Compliance Inspection Q Operation Review Q Structure Evaluation O Technical Assistance Reason for Visit O Routine Q Complaint O Follow up O Referral O Emergency Q Other ❑ Denied Access Facility Number �$2 143 rate of Viclt: 'rime: 4:20am rO Not • erational 13elow'fhreshold ® Permitted [3 Certified ® Conditionally Certified ❑ Registered Date Last Operated or Above 7'hreshold: .................. FarmName: M).Earra...................................................................................................... Owner Name: Kcanjeth--------------------------------- 1!'lrL%jm1;1-. Mailing Address: 3#2.,P,Ig.C7CAd1G.Lamr................................... Facility Coniact:.----------------------------------------.......-----..............- .-'Title:... Onsite Representative: .................................................................................... Certified Operator:, tiittlllly.D............................... M.CLamlb................... Location of Farm: q miles S. of Clinton on Hwy. 701 on right County: Sampson ............... Phone No: 9,10-59Z-15.1.6 ................. Clint.m.NG .............................. Phone No: ........ Integrator: 51urphy.Bxnyraa....................... EEO ............. 2fM8 ............. Operator Certification Number: 19091............................. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 ' S2 4$ Longitude =• 20 z 3l Design. Current Design Current Design, Current Swine,Pla rCa Capacity unCattle, Capacity Poelationy , Wean to Feeder Layer ❑ Dairy ® Feeder to Finish 2950 = ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder [I Other ❑ Farrow to Finish Total Design Capaeity 2,950 ❑ Gilts ❑ Boars Total,SSLW 398,250J. Number of Lagoons 2 IF -71 Discharges & Stream Impacts l . Is any discharge observed from any part of the operation'? ® Yes ❑ No Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other a. Ifdischarg� is observed. was the conveyance man-made'? El Yes ® No b. If discharge is observed, did it reach kVater of the State'? (lfyes, nollfv DWQ) ® Yes ❑ No c. If discharge is observed, what is the estimated flow in Lalhnin? 80+ d. Does discharge bypass a lagoon system? (If yes, noti h, D`VQ) ® Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'' ® Yes ❑ No Waste Collection &'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes ❑ No Structure I Stntclur, ' Structure 3 Structure 4 Structure 5 ' Structure 6 Identilier: Freeboard(inches!- .... -----------U....... ..... ..- ..................................... .................. ................. .........I.................... 12/12/03 Continued Facility Number: t32-143 Pate of Inspection 12/16/2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or Closure plan? (if any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste ,application ------------ ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No ❑ Yes ❑ No 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 1 I. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground [:]Copper and/or Zinc > 3000 12. Crop type .:_ r. i ' r - ,- 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 0 Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon tail to discharge at/or below ❑ 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 ❑ No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ❑ No Air Quality representative immediately. Comments (refer to quesiion #) ExpEaru ab " YES answers and/or any recoinmeodations or.:any other comroeuts u w _; t _ Use drarnng§"of faciIIty to better ezplatn sttuahons use additional pages as necessary):,®Field Copy El Final Notes a On 12/16/04 field staff from the FAO continued an investigation of a complaint of runoff from this farm. The investigation started on he evening of the 16th but darkness had prevented a full exploration of the incident. Upon staff observing the area it was obvious waste had moved from a stationary gun location downslope into a wooded bottom. The waste then followed the contour of the land, paralleling the field for an approximate 375 yards. It then continued through the woods where it's flow joined that of a branch and exited the property approximately some 125 yards in the woods. This branch is a UT of the Greater Cobarie Creek located an estimated "quarter mile away- Mr. Mclamb was instucted to stop the flow ofthe waste and to do all measures possible to recover as much waste as possible.This would require the waste to be moved back into his waste treatment system or onto a permitted irrigation site. inspectors reviewed Mr. McLambs' lagoon records because of it being in the storm_storage and explained the need for a POA. The permit expectations of the ermittee following a discharge to Waters of the State where also explained to Mr. McLamb. Samples were taken along with holographs. Follow up visits to downstream locations were conducted. EReviewer/lnspector Name harry C.'Baa<ley '; Mark Brantley Reviewer/lnspector Signature: Date: IN Laboratories, Inc. Page] of 2 ; �,242,c FAY MEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) 864-8774 NC 437714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://w%,vu,.microbac.com E-Mail: rsanders@microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR - WASTES • FOOD - PHARMACEUTICALS - NUTRACEUTICALS CERTIFICATE OF ANALYSIS NC DENR - DWQ Mr. Paul Rawls 225 Green Street Suite #714 Fayetteville, NC 28301 Permit No. Sampler: M.Brantley Subject: Eff/Stream - Jimmy McLamb Farm SMP Test Method jAN 10 200s5 Result Date Reported: Date Received: Order Number: Invoice No.: Customer #: Sample Date: Sample Time: Date Time 12/31 /2004 12/16/2004 0412-00230 37728 N003 12/ 1612004 0:00 Tech BOD 5-day EPA 405.1 10.4 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 6000 cfu/100 ml 12/16/2004 16:00 Hw NITROGEN, AMMONIA EPA 350.2 10.79 mg/L 12/17/2004 10:00 KTB Confl[lent:BTS'atit id.' �•. `..._� ...,s ':_ - .' -L -{ 'z--•ram' .tam-.-f wi 3 - r -,...- .. ...,K.. :i-......_u-� P., --"I"—:T-A- K- .x r-::r.:_r. r...�:`.-�r:. .....� ..x ..r' ......,... x.7' 4.?... .-ate. - z .«ILK-- BOD 5-day EPA 405.1 52.3 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 39000 Cfu/100 ml 12/16/2004 16:00 HD NITROGEN, AMMONIA EPA 350.2 53.23 mg/L 12/17/2004 10:00 KTB BOD 5-day EPA 405.1 COLIFORM, FECAL SM18 9222D NriROGEN, AMMONIA EPA 350.2 2.51 mg/L .12/16/2004 17:00 DCR 21 cfu/100 ml 12/16/20D4 16:00 WJ 0.70 mg/L 12/17/2004 10:00 KTB o s .Midpotn# ample r` f '_ ..,.... _ - m , 1x-..c.�-�_....�w._��.�.?.r.::::,� BOD 5-day EPA 405.1 87.5 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 6000 cfu/100 ml 12/16/20G4 16:00 H33 NITROGEN, AMMONIA EPA 350.2 80.96 mg/L 12/17/2004 10:00 KTB :nos Soulroe sample s: r •'.-.:a ..c. .za_:�.:., �_ -, ............,. � ._ ......_k_. ...._�_�-�.,.o..�..-.k a. <'.:s:a-�._._+'r.-�.-.... ..� �. ...._.. .. _ _-�.a-..�..m : �.:.`•.m__...,�. .-... G....c_c,+=-="-'.. ,i�'��,r�.....-_•��- > BOD 5-day EPA 405.1 48.0 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL 5M16 9222D 360000 cfu/100 ml 12/16/2004 16:00 HIJ NrFROGEN, AMMONIA EPA 350.2 377.63 mg/L 12/17/2004 10:00 KTB LAB CODFS: N/D = None Detected i OF = None Found < = Less than > = Greater than Est. = Estimated The data and information on this, and Dther accompanying documents, represent only the sample(s) analyzed and is rendered upon condition MEMBER that it is not to be reproduced whotly or in part for advertising or other purposes without approval From the taboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research ® Microbac Laboratories, Inc. Page 2 of 2 FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC 911 (910) 864-1920 FAX (910) 864-8774 NC #37714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://ww-xv.microbac.com E-Mail: rsanders@microbac.com CHEMISTRY • MICROBIOLOGY - FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR - WASTES - FOOD - PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS NC DENR- DWQ Date Reported: 12/31/2004 Mr. Paul Rawls Date Received: 12/16/2004 225 Green Street Order Number: 0412-00230 Suite 4714 Invoice No.: 37728 Fayetteville, NC 28301 Customer #: N003 Sample Date: 12/16/2004 Permit No. Sample Time: 0:00 Sampler: M-Brantley Subject: EfT/Stream - Jimmy McLamb Farm 5MP Test Method Result Date Time Tech RESPECTFULLY SUBMITTED: _yQ 2 4 `AIC OBAC LABORATORIES, INC. LAB CODES: N/D = None Detected N/F =%lone Found < = Less than > = Greater than Est. = Estimated The data and information on this, and other accompanying documents, represent only the samples) analyzed and is rendered upon condition that it is not to be reproduced wholly or in part for advertistng or other purposes without approval from the laboratory. USDA-EPA-NiOSH Testing food Sanitation Consulting Chemical and Microbiological Analyses and Research MEMBER ay + n�3 n Hope 1 I R ay ( { f 4 • 1 F� r { . - . � I'G�'ettov[�le ©I,l151(]II ( �� l"�Qj? 11�11��� I-\�..1� I�(ysrt:l41 1'�. (= f\1J !.[j�.l.11l (:?1n) EiC;y.-1�320 / 864-$7��1 fax l .i�•t'� •P�'iTit�l~�J'k{I 11J3��s �", t�irY •9.��.aJ1QF�„�V.>�� CHAIN OF CUSTODY RECORD PAGE 1 OF 1 CLIENTNAMEd s: D w Q .27 3 fpAJ C- Poo PROJECT ILOCAT14N: / I J MM . Me�QM 9 /OF % 0 T T L E S TYPE OF ANALYSIS PRESERVATION CODE Q O t CODE; A = <4°C ONLY B = HNO3 (ph<2) + <4'C'" C W H2SO4 (ph<2) + <4'C D a NaOH + <4'C E ZN AcKda + <49C F s Sodium Thlo. CONTACT PERSON: /11,2 0Lj.-a PHONE: � 9// o - 4 8G - / C / 3 0 SA PLER: Afa,k $iahfly DATF J METHOD OF SHIPMENT: LAB ID 0 SAMPLE TYPE DATE TIME COMP ORA9 PH D.o. TEMP'C D 10 -14 -p /o:D a J� C L 1.3 Ca„ a i� n to - �, ✓ A f C �� o cr F •1lnqula a by: rn� 1 Dab 1?-le. vY T ! : 3 o e by: j 1py� ra �J R-�Q 2 Dab 1nr %; 33 . nqu aa• (Signature) bFrA 3 4 RelInquIs�edgnalura ab 5 1 1 6 e nqu a s a gnu n a 7 1 1 8 Comments or Special Hazards: Fleld pH: fj Fayetteville Division 2592 Hope Mlils Road — Fayetteville, NC 28300 1 1 CHAIN OF CUSTODY RECORD cc�eKr BOB a OF fc�r�r.11'4 . �M, ?��-.. ra R, Fx7 -A cWacr vertaloN: 0 Aft �[�pJ fi'r�►^r �'► ���'d C��a� r r` PHOM,T 9ld - 4'sl� 1s4 crcf. 733 L A DAre r MRrHoo M SHMEHr: e PAOE PRESERVATION CODE: An MT ONLY B u HNO3 (phc2) + r4•C ti C a H2SO4 (ph�2) + OT D o NaOH + -WC E o ZN Acdo + <44C F v So*m Thlo. Y7fili�i)i1117Y�ITiiYll�lIY7�IYi �illitli�1�11W71iTiliWi I�Y�IiiYl7li'l� Cammft or Spada! Hawds. . Field pH: , DATE: ' to TO: COMPANY: Roe �",e FROM:: L4_x- ec;e PAGES FAXED: jj COMMENTS: Fayetteville Division 2592 Hope Mills. Road, Fayetteville, MC 28306 (910) 964-1920 / (910) 894.8774 fax FAX INFORMATION CONFIDENTIALITY NOTICE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVE[) THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS_ Dvd �LL8�98016:Xdd Ai0 � _OVEOEOIW ➢V 05:60 Hi H-H-Hc 2592 Hope Mills Road, Fayetteville, NC 28306 (910) 864-19201(910) 864-8774 fax CLIENT:7A/C ,Ow7 DATE REC'D: !�4ho T // �� ! r� . et/ SAMPLE DA Ems` ADDRESS: SAMPLED BY: 74A DELIVERED BY: %g- CONTACT PERSON: REFERENCE: ... SAMPLE Sl A 1 #2. --� #4. dQtaf/0 WORK AUTHORIZED BY: ANALYSIS TECHIDATE SAMPLE 01 SAMPLE #Z SAMPLE #3 SAMPI. F i'4 BOD Chloride m Chlpnne __..._�. COD Coliform, Fecal 100 mo a ,z 6 Z 47c e 9 Q r r a ap Nitrate m �- N*ate + Nitr'Ite Nitrite (mg/J NqpgLn, Ammon 111 10 77 13 Total Klefd$hl M ` Oil & Grose H _ Phenol m Phosphorus, Total m 1 Solids, Su L Solids, Total r~ ' J Sulfide Turbid T Arsenic Barium m Cadmium m Chromium 922M Fluoride m Iron m Lead m M Nickel _. Silver Sod urn Zinc m. PAGE OF a Z INd �LL8�98016:xvd Ale KV Os:60 ilHi vO-H-030 2592 Hope Mills Road, Faye##eville, NC 28306 (910) 864-19201(910) 864-8774 fax CLIENT: Nc D___ ADDRESS. CONTACT PERSmN: DATE RE=-- /`� / K� . SAMPLE DATE:1 SAMPLED BY: DELIVERED BY: REFERENCE: SAMPLE .(�Wl ��- #2. 93. 44. WORK AUTHORIZED BY: ANALYSIS TECWDATE SAMPLE 91 SAMPLE #2 SAMPLE 43 SAMPLE ft4 BOD m g. p Chloride m r Chlorine ' COD m ..._......__�.' Caliform, Fecal ml n'( 3 L 0avo N"rtrate Nitrate + Nitrite r .�... . Nitrite Lm Niftogm Arrnnonia m i 3fA N- en, Tatar #hl m Oil & Grease m # PH i Phenol Ph ores. Total m Sofids, 5 Sobids, Total Suffide m Tud)id (rite) Arsenic Barium m a' Cadmium Chmmium ( Flwride Iron i esd M m Niche! m , Silver m Sodium T1rrc PAGE � DE E sDvd 1LLMRG16:XVd AIQ �VV-DVEHDIW KV 1S:60 M 70-H-JIQ Mi=bac r abo`cataric4, Inc. 2592 mope Mills Road Fayoueville, NC 28306 Phono (?10) 864-1920 Fax (910) 864-S774 FAYE TEViLLE DIVISION ANALYS I S Acidity i Acid, volatile Alkalinity, as CaCO3 Anion Scan APAM Series Asbestos (Bulls, solid) Asbestos (Compliance0tr) BOD (5 day) BTEX (602/8020) BTEX (Soin BTEX/MTBE (602/8020) BTU C-BOU (5 day) GEC (Soil series) Chloride Chlorine, Residual/Total COD Coliform, Confirmation Coliform, E Cali/Fecal Coliform, Total Color Color, ADMI Conductivity Gorrosivity (Langlier) Cyanide Detergents, MBAS Dissolved Oxygen DRO (3550/8015) Ethylene Glycol Plashpoint (Liquid) Flashpoirrt (Solid) Fluoride Formaldehyde (NIOSH) Formajc,E':yde (8315A) GRO (5030/6260) Haa5 Hardness, Calcium Heterotrophic Inorganic Series Lead (solid) Library Search (GC) 9 COST $30.00 $42.00 $30.00 $200.00 $1,575.00 $75.00 $275.00 $36.00 $125,00 $150.00 $165.00 S46.00 $46.00 $36T50 $30.00 $23.00 $29.00 $36,00 $26.00 $25.00 $25.00 $75.00 $22.00 $90,00 $68.00 $48.00 $22.00 $125,00 $130.00 $38.00 S45.00 $45.00 $85.00 $260.00 $125.00 $195, 00 $22.00 $32.00 $300,00 $75.00 $150.00 ENVIRONMENTAL PRICE LIST ANALYSIS Microscopic Examination MTBE (602/8020) New Well Series Nitrogen, Ammonia Nitrogen, Nitrate/Nitrite Nitrogen, Nitrate+Nitrite Nitrogen, Total Kjeldahl Oil & Grease Oil & Grease (9071) Oil & Grease (HEM or SGT) PCB PCB (Oil) PCB (Soil) Pesticides (608/8081A) pH Phenol Phosphorus, Ortho/Tot'I Radiological (Alpha) Radiological (Radium 226) Radon R.C.I. (Sludge) RCRA Metals, Total Semi -Vol. (62518270) Silica 30Cf'e5t/Htrb solids Solids. Volatile Soluble Organic Acid Sulfate/Sulfide TCLP, RCRA Metals TCLP. Semi-Volatiles TCLP. Volatiles TPH, iR TPH (All fuels) Temperature TTHM TOC TPH, IR Turbidity VOC Volatiles (624/8260) Volume discounts may apply May 1, 1999 COST $50.00 $125.00 $385.00 $30.00 $36.00 $72-00 $38.00 $38.00 $130.00 $60.00 $130.00 $100.00 $125.00 $270.00 $22,00 $56.00 $42-00 $ 75.00 $110.00 $50.00 $207.00 $185.00 $525.00 $56.00 $960.00 $22.00 $42.00 $45.00 $31.00 $260.00 $600.00 $380.00 $130.00 $150.00 $5.00 $78.00 $85.00 $130.00 $22.00 $185.01] $255.00 Microbac I..ah0Tat0lloS, Inc. analyzing waLcr, wasle water, food and onvircrnmentul sits assos5mcnbi. HOVd �LL9MO:6:XVH AIQ Aii-OVEHDIW YR �'!']:60 nHi �O-H-DHG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 28, 2004 CERTIFIED MAIL_ RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NCGS 143-215 et seq. & Section 402 of the Clean Water Act C&DFarm Facility No. 82-143 Sampson County Permit No. 200000 Dear Mr. McLamb, You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit, Violation 1: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's permit. (Permit No. 200000 Section I Condition 1) On 12-15-04, wastewater was observed exiting your spray field. On the morning of 12-16-04, the waste was observed in an unnamed tributary of the Greater Coharie Creek. Required Corrective Action for Violation 1: If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take all necessary steps to ensure this violation does not reoccur. Violation 2: Failure to apply waste in accordance with the facility's certified animal waste plan. (Permit No. 200000 Section II Condition 4) Field observations and evidence collected during our visits to the site indicate the irrigation gun likely remained stationary for an extended unknown amount of time which was the primary cause of the discharge of waste that occurred. Required Corrective Action for Violation 2: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to the violation described above and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste Management Plan and/or adjustment, maintenance and calibration of the spray irrigation equipment. N Carolina urallr� �t North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 486-1541 FAX (910)486-0707 Internet h2o.enr.state.nc.us Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Acfion Employer— 50% Recyded110% Post Consumer Paper Mr. McLamb Page 2 December 28, 2004 Violation 3: Failure to inspect spray fields as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. (Permit No. 200000 Section 11 Condition 15) Judging from the land erosion at the discharge site, the volume of wastewater outside of the spray field, and the distance the wastewater traveled, it is obvious that the spray field was not inspected every 120 minutes as required by your NPDFS permit. Required Corrective Action for Violation 3: Please inspect spray fields as often as necessary to prevent waste runoff and ponding of waste, but in no case should the inspection interval exceed 120 minutes. Violation 4: Failure to report inadequate storage capacity in a lagoon/storage pond according to Condition V. 3. of this Permit. (Permit No. 200000 Section III Condition 11 e) On the afternoon of December 15, 2004 the lagoon level was observed to be at 18 inches. Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour notification. Required Corrective Action for Violation 4: Please report inadequate freeboard by telephone to the appropriate Division Regional Office as soon as possible but in no case more than twenty-four hours following first knowledge for future occurrences. Violation 5: Failure to maintain waste levels in your lagoonistorage ponds In accordance with the facilities Certified Animal Waste Management Plan. (Permit No. 200000 Section V Condition 3) On December 15, 2004 a waste structure liquid level was documented at 18 inches of freeboard at the facility's only lagoon. A level of 19 inches is the maximum level allowed by your permit. Required Corrective Action for Violation 5: Please follow the proposed actions outlined in your Plan of Action dated 12-17-04 and received in the Fayetteville Regional Office on 12-17-04. Take all necessary additional steps to insure lagoon levels remain in compliance with Section V3 of your permit. Violation 6: Failure to file a written report to the appropriate Division Regional Office within five calendar days following first knowledge of the discharge of waste to surface waters. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. (Permit No. 200000 Section III Condition 11) Your permit specifically requires follow-up reporting after a discharge of waste within 5 days. No report was received. Mr. McLamb Page 3 December 28, 2004 Required Corrective Action for Violation 6: You are still required to file this report. Failing to do so is a continuing violation. Please file a written report with the appropriate Division Regional Office immediately for the December 15, 2004 discharge and within 5 working of first knowledge of any future discharge should that occur. According to your NPDES permit, the Division of Water Quality requests that in addition to the specified corrective actions above, you please submit the following items on or before January 14 2005: 1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from January 1, 2004 to the present along with a copy of your CAWMP. 2. Please have the OIC for this farm include a detailed explanation as to how this violation occurred including how much wastewater was lost and how much was recovered. 3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 4. Please include the calibration sheet where your irrigation guns where calibrated this year. 5. Please send a copy of the press release that was sent to the local news media. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you do not believe enforcement is appropriate for this violation, please include a detailed, written justification of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office should receive our response on or before Janua 14 2005. Information submitted to this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration_ If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley, environmental specialist, or myself at (910) 486-1541. Sincerely, Step A_ Sa ardt Regional Aquifer Protection Supervisor SBlkmb cc: Keith Larick - Compliance Group Trent Allen — SWC, FRO Central Files — Raleigh Sampson County-NRCS F WA TF Michael F. Easley, Govemor 9 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources � Alan W. Klimek, P. E. Director �. I Division of Water Quality .� Coleen H. Sullins, Deputy Director Division of Water Quality September 17, 2003 MEMORANDUM TO: Jeff Poupart Non -Discharge Compliance THRU: Art Barnhardt Aquifer Protection Regional Supervisor Fayetteville Regional Office FROM: Mark Brantley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package C & D Farm Facility No. 82-143 Sampson County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. If you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: A,%vw.enr.stale.11c.us;ENR An Equal Opportunity 1 Affirmative Acton Employer — 50% Recycled 110% Post Consumer Paper Michael F. Easley, Govemor ��F W A r�cRP �O G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 28, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NCGS 143-215 et seq. & Section 402 of the Clean Water Act C&DFarm Facility No. 82-143 Sampson County Permit No. 200000 Dear Mr. McLamb, You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's permit. (Permit No. 200000 Section I Condition 1) On 12-15-04, wastewater was observed exiting your spray field. On the morning of 12-16-04, the waste was observed in an unnamed tributary of the Greater Coharie Creek. Required Corrective Action for Violation 1: If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take all necessary steps to ensure this violation does not reoccur. Violation 2: Failure to apply waste in accordance with the facility's certified animal waste plan. (Permit No. 200000 Section II Condition 4) Field observations and evidence collected during our visits to the site indicate the irrigation gun likely remained stationary for an extended unknown amount of time which was the primary cause of the discharge of waste that occurred. Required Corrective Action for Violation 2: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to the violation described above and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste Management Plan and/or adjustment, maintenance and calibration of the spray irrigation equipment. Nor Carolina tara!!y North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 486-1541 FAX (910) 486-0707 Internet h2o.enr.state.nc.us Customer Service 1-877-623.6748 An Equal OpportunitylAffirmaWe Ac iw Employer — 50% Recycied110% Post Consumer Paper Mr. McLamb Page 2 December 28, 2004 Violation 3: Failure to inspect spray fields as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. (Permit No. 200000 Section II Condition 15) Judging from the land erosion at the discharge site, the volume of wastewater outside of the spray field, and the distance the wastewater traveled, it is obvious that the spray field was not inspected every 120 minutes as required by your NPDES permit. Required Corrective Action for Violation 3: Please inspect spray fields as often as necessary to prevent waste runoff and ponding of waste, but in no case should the inspection interval exceed 120 minutes. Violation 4: Failure to report inadequate storage capacity in a lagoonlstorage pond according to Condition V. 3. of this Permit. (Permit No. 200000 Section III Condition 11 e) On the afternoon of December 15, 2004 the lagoon level was observed to be at 18 inches. Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour notification. Required Corrective Action for Violation 4: Please report inadequate freeboard by telephone to the appropriate Division Regional Office as soon as possible but in no case more than twenty-four hours following first knowledge for future occurrences. Violation 5: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit No. 200000 Section V Condition 3) On December 15, 2004 a waste structure liquid level was documented at 18 inches of freeboard at the facility's only lagoon. A level of 19 inches is the maximum level allowed by your permit. Required Corrective Action for Violation 5: Please follow the proposed actions outlined in your Plan of Action dated 12-17-04 and received in the Fayetteville Regional Office on 12-17-04. Take all necessary additional steps to insure lagoon levels remain in compliance with Section V3 of your permit. Violation 6: Failure to file a written report to the appropriate Division Regional Office within five calendar days following first knowledge of the discharge of waste to surface waters. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. (Permit No. 200000 Section III Condition 11) Your permit specifically requires follow-up reporting after a discharge of waste within 5 days. No report was received. Mr. McLamb Page 3 December 28, 2004 Required Corrective Action for Violation 6: You are still required to file this report. Failing to do so is a continuing violation. Please file a written report with the appropriate Division Regional Office immediately for the December 15, 2004 discharge and within 5 working of first knowledge of any future discharge should that occur. According to your NPDES permit, the Division of Water Quality requests that in addition to the specified corrective actions above, you please submit the following items on or before January 14 2005: 1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from January 1, 2004 to the present along with a copy of your CAWMP. 2. Please have the OIC for this farm include a detailed explanation as to how this violation occurred including how much wastewater was lost and how much was recovered. 3. Please have the O1C include a list of the steps that will be taken to prevent this violation from occurring in the future_ 4. Please include the calibration sheet where your irrigation guns where calibrated this year. 5. Please send a copy of the press release that was sent to the local news media_ Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you do not believe enforcement is appropriate for this violation, please include a detailed, written justification of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office should receive our response on or before January 14, 2005. Information submitted to this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley, environmental specialist, or myself at (910) 486-1541. Sincerely, Step A. Ba ardt Regional Aquifer Protection Supervisor SB1kmb cc: Keith Larick - Compliance Group Trent Allen — SWC, FRO Central Files — Raleigh Sampson County-NRCS WA 7� � Michael F. Easley, Governor b Rp Division of Water Quality `Q i.. Colleen H. Sullins. Deputy Director Division of Water Quality 5 William G. Ross Jr., Secretary p q Korth Carolina Department of Environment and Natural Resources Alan W. Klimek. P. E. Director January 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jimmy McLamb 382 Pig Cradle Lane Clinton, NC 28328 Subject: NOTICE OF SHOW CAUSE MEETING Administrative Code 15A NCAC 2H .0217 Jimmy McLamb-Farm Manager and OIC Facility No. 82-143 Sampson County Dear Mr. McLamb, Recently, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a review of the records you submitted for the C and D Farm owned by Kenneth McLamb and operated by you (Jimmy McLamb), Permit #NCA2820143, which is a swine farm located on Highway 701 in Sampson County. After the review of the records this office has several concerns we wish to discuss with you — including but not limited to how you manage your lagoon level, how you do your record keeping, and how you manage .your spray fields. The Fayetteville Staff of the Division of Water Quality, Aquifer Protection Section, would like to offer you the opportunity to discuss these issues. This "Show Cause Meeting" would take place in the seventh floor conference room of the Division of Water Quality Offices located in the Systel Building at 225 Green Street in Fayetteville, North Carolina. You should bring any records, CAWMP, diagrams or any other information that you might need to answer any questions. The proposed date of the meeting is Thursday February 17, 2005 in the Seventh Floor Conference Room at 10:00 am that morning. Please respond within 5 days of receipt of this letter to acknowledge your desire to discuss this matter. dA JTCbENU N. C. Division of Water Quality 225 Green Street Fayette4ille, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0107 Customer Seriice 1-877-623-6748 Mr. McLamb Page 2 January 21, 2005 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley Environmental Specialist, or myself at (910) 486-1541- Sincerely, '-V' Art Barn ardt Regional Supervisor AB/kmb cc: Keith Larick - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh 49 A NCDEtNR N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 29301-5043 (910) 4t16-1541 Fax (910) 486-0707 Customer service 1 -877-623-6748 WATE9 pG 0 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Remission Request C&DFarm Farm # 82-143 Sampson County File # DV 05-001 Dear Mr. McLamb: Michael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources April 12, 2005 Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED APR 13 2005 OEM-FRT1TF1+U Rl:GIMURCE This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 1, 2005 and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 715-6629. Sincerely, C�a� ze4--" Steve Lewis Animal Feeding Operations Unit cc: Barnhardt;. Fayetteville Regional Supervisor w/attachment Mark Brantley, FRO w/attachment APS Central Files File # DV 05-001 w/ 3 attachments SFr ��i �re-S ��yyip� Ei I �G� r M P .15 7, Aquifer Protection Section 1636 Mail Service Center Palcigh, NC 27699-1636 Internet: httn://h2o.enr.staic-ne.us 2728 Capital Boulevard Raleigh, NC 27604 No"rthCarolina �Wurallff Phone (919) 733-3221 Customer Service Fax (919) 715.0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Atiimtative Action Employer — 50% Recycled/100% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF _ SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST KENNETH McLAMB ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 05-001 Having been assessed civil penalties totaling _ $5,121.29 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 11, 2005 T, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the f114- day of ��ri! , 20 ADDRESS Jr / C ` G. ;L�3�-� TELEPHONE 91d- 9p0- 701G _ Justification For Remission Request Kenneth McLamb DV 05-001 Permit No. NCA 282143 Sampson County Mr. Steve Lewis, Thank you for the opportunity to review my case with this remission request set forth by the state of N.C. I will try to explain how the discharge of wastewater happened and how I will prevent this from happening again in the future. I have not been actively involved with the daily management or any income from my farm for seven years due to the finances which forced me to work at a public job away from the farm. My brother has primarily managed my farm along with three other farms during this period. All four farms have a very tight budget in every aspect of the contract finishing business. The farms continue to pay on a mortgage which requires approximately sixty percent of the income generated to satisfy the debt service required. I have assisted on weekends and personal time off from time to time to help with repair, maintenance, and waste management. I would like to address sections b. and c. of the request form with you and discuss the possibility of a remission concerning the two sections. In section b. on December 15, 2004 I received a phone call about a discharge at my farm at approximately 4:00 pm. I immediately dispatched to the scene and with the direction of the DWQ inspector blocked the run off of wastewater on my property and started pumping the wastewater back to the primary lagoon. We continued this process until the inspector agreed the wastewater was captured. We have since replaced the faulty irrigation gun that had caused the accident. In section c. the irrigation gun was hung in one position and not revolving 360 degrees as intended. This resulted in the accident of wastewater flowing into the creek that runs with my property. The farm has irrigated for several years with this gun and the wear and tear of the unit caused this gun to stick in this position on that day. The farm has since replaced, and repaired this gun for future use. Other steps to prevent another occurrence are hiring extra personnel to assists and monitor the irrigation process at a more intense level. We have purchase and repaired new equipment to efficiently remove waste water from the farm. I also continue to help irrigate on time off from my public work. I have spoken with my brother about the purchase of a neighboring farm we own together in order for me to come back to my farm and perform the daily tasks that are needed to smoothly run a livestock operation. Again I thank you for reviewing this request and hopefully reducing the extra financial burden within the scope of this review. Please feel free to call my cell phone at 910-990- 4766 with any questions that I may answer regarding the letter. Kenneth McLamb l C Q W8 1 259 Pig Cradle Lane Clinton, N.C. 28328 '01S H,0110310ad c333IQ5'1 :`I..�/ is j �.i t •� I JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV O5-001 County: Sampson Assessed Party: Kenneth McLamb Permit No. (if applicable): NCA282143 Amount Assessed: $5,121.29 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S_. 143B-282.1 were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); +r (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) - the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous_ violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): IRRIGATION, SERVICE & EQUIPMENT—.-, WELDING Allen's Irrigation & Welding Incorporated CLINTON, NORTH CAROLINA 28328 815 N.E. BLVD. PHONE 910-592-3719 FAX 910-592-3432 Net 15 Days 1 $6% per month will be charged on balances over 30 days past due - A minimun of .50 WII be added to past due account - An Annual Interest Rate of 18% Purchase Order it Date Name Address \.Phone .10 WORK ORDER I I CASH I C.O.D. � CHARGE ON ACCT.1 MDSE. REM.1 PAID OUT rQUAK OESCRIPTION PRICE AMOUNT Subtotal Labor $!jkS TAX TOTAL Ail Claims and returned goods MUST be accompanied by this bill. Aec'd by 7- IRRIGATION, SERVICE & EQUIPME1 WELDING Allen.'s Irrigation & Welding Inciorpora ed CLINTON, NORTH CAROLINA 28328 815 N.E. Br -VD. PHONE 9113-592-3719 FAX 9IG-592-3432 Not 15 Days I Y:% per month will be charged on balances over 30 days past due - A minimun of .50 will be added to past due account - An Annual Interest Rate of 18% All claims and returned goods MUST be accompanied by this bill. ReC'd by �DF W ATF9Q Michael F. Easley, Governor �O G William G. Ross Jr., Secretary A North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT # 7002 2410 0003 0274 6723 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Request for Remission of Civil Penalty C & D Farm Farm # 82-143 File No. DV 05-001 Dear Mr. McLamb: RE GEINIED JUL I I M FAYEth L E REGIONAL QEf1GE In accordance with North Carolina General Statute 143-215.6A(fl, I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,121.29. There are two options available to you. You may choose to pay the penalty or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your receipt of this letter to the attention of: Keith Larick DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 If payment is not received within 30 days from your receipt of this letter, your request for remission with supporting documents and the recommendation to deny the request will be delivered to the Committee on Civil Penalty Remissions for final agency decision. iv mCaro � a ,1 ural? Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httn.//h2o.enr.stpte.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623.6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Efiployer— 50% Recycled/100/. Post Consumer Paper .0 Mr_ Kenneth McLamb Page 2 If you or your representative would like to speak before the Committeeyou must complete and return the attached form within thi 30 days of recei-pt of this letter. Send the completed form to: Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Steve Lewis at (919) 715-6629 or Keith Larick at (919) 715-6185. Sincerely, 14, rg*-'L Alan W. Klimek, P.E. AWK/scl cc: Art Barnhardt, Fayetteville APS Regional Supervisor Mark Brantley, FRO Larry Baxley, FRO File # DV 05-001 APS Central Files Ulf 00! LUCJzj IX. 01 riu UKFiULr-Z-) rm= nl KcLAHB CORP. 1108 S . Wi BLVD. CLYNTON, K.C. 253ZB 91 fl_g92-1 51 6 TELECOPY MESSAGE RFCOVED JAN 0 6 2005 uC17R - Data: Tina; �� ' (154 FOR: l/ r r KJmo 4A O-L Telecopter Nulaber:- ��99 - 6 '7 0 FROM: m 1•� ' L p�av�y l.� Telecopiar Number:919-592-1517 Phone Number; 919-�:592-1515 NUMBER OF PAGES INCLUDING COVER: COMMENTS: 91/06/2005 11:09 5921517 PIG CRADLES PAGE 01 CHAIN OF EVENTS December G'h: rain December 8'k : a water Ieak in House #4 December 9'h: Try to pump lagoon but the motor was burnt, fire and smoke coming out of the motor. Called Billy's Irrigation, be said he would carry it to Wilmington next week I decided to carry it myself. December I Oie: rain light, carried pump to Wilmington to be fixed in the morning. December 11 `h: wafer leak house I JB December 12". small water leak house 2 December 130': got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 10: weather is cold, replaced plug_ Test the system found breaker bad. December IP: replace breaker, test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. December 160': Frozen, re -pump from swamp, got digger to be more productive. December I r: Frozen in the am, re -pump from swamp until DWQ said water was clear and could stop. ZA .7 -, _t,; ) // i It I RECEIVED JAN 0 7 2005 I DW - FAYEEMILLE REGONAL OKE IL c CHAIN OF EVENTS December 61h: rain December 8"': a water leak in House 44 December 9"': Try to puinp lagoon but the motor was burnt, fire and smoke coming out of the motor. Called Billy's Irrigation, he said he would carry it to Wilmington next week. I decided to carry it myself. December 10"': rain light, carried pump to Wilmington to be fixed in the morning. December I)"': water leak house IJB December 12`r': small water leak house 2 December 13`f': got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 14th: weather is cold, replaced plug. Test the system found breaker bad December 15`r'. replace breaker, test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. December 16`r': Frozen, re -pump from swamp, got digger to be more productive. December 17"': Frozen in the ain, re -pump from swamp until DWQ said water was clear and could stop. im I 'k. North Carolina Department of Environmental Health and Natural Resources Department of Water Quality To the persons concerned within the Department of Environment and Natural Resources tinder the Division of Water Quality. The unforeseen accident of a discharge into the ravine and ultimately the water of the state, occurred on December 15, 2004. The events that took place were at there best an unclear and imprecise instruction by me to my help. At its worst was a combination of material and physical fatigue coupled with procedures following policy that leave cracks to fall into. The instruction- that were stated to my employee were to crank up the irrigation system when he got back to the C&D Farm from his other duties, which usually was around 2 prn each day. This day though, my help had other plans of his own of which included getting through earlier than usual due to the Christmas season. I wasn't informed of this until the - next day after I had questioned my help about what exactr time the system had been started up. Over the next two days I had talked with several people whom frequent the farm for various reasons. I did this to verify the starting time of the pump. The people who tend the cows had said they came to the farm after lunch and the system was running then. This backs the time up to 12 :00 to 12:30 pm. They also said that everything looked to be running okay to them. The reel was coming in and the stationary gun vas going around. No problems there: except the time being different from presumed instruction of around 2:00 start tip. But, on his behalf, he had as usual, finished all of his duties that were his to do. 1, thinking that he was going to fire up the system at around 2 prn as he usually would, had made plans to go by the: farm about 4 pm to check the amps on the motor and the new breaker, and the heat on the winding of the motor. All of that day's events and checks were initially planned to get the system ready for the warmer pumping weather planned for later that week and weekend. When I received the call from Mark Brantley fi-oni DWQ at 4:05 pm I hmnediately left from North of Clinton and headed toward the farm. On my way to the farm I called Mark 2 to 3 times but otily received a message of "NO SERVICE AVAILABLE" (in the Garland and Ingold area there is very poor cell phone coverage). Finally, I got through to Mark. He said he Nvas on the farm. I asked if the system was running he said yes. I asked him to cut it off because I -vvas still several miles away. Ile said he could not touch anything on the farm. I said okay I'll be there shortly. When 1 arrived the system was still running and the solid set sprinkler was stuck in one position down hill towards the ravine. I spoke to Mark and proceeded to tuns the system off immediate[-,,. Mark and I walked the ravine to try to find the head of the %vmer. -Then. I started calling for a backhoe or a track hoe to try to stop the spill so as to recapture the waste at that point. Mark said this would help to protect the environment from any further damage. l called all of my sources in the area about eight different construction crews. All but one was busy from thirty to eighty miles away. They all said it would be dark before they could get their equipment loaded. It is against the law for them to travel on the road after sunset. "Then, I called Murphy Land and Nutrient Division and Dawn Williams cane out. She had a list and we tried calling the one's on her list. After about seven or eight more calls with still no luck, but a S. coup]:; did say that the, Xould conic the next morning if we could not find anyone else. Finally, Dawn said we could shovel up a small dam and use a smaller pump to reclaim the affluent that night. Nlv puEnp was a four -inch discharge. I called my house and got the specifics From my fattier on his pump. It is a three-inch. By this time Da«,n was on her way home; so I called her to borrow her smaller pump that she had offered. She was on the backside of Garland about 12-miles away. 1 started off to get the pump and there was a «'reek on the bridge; and I couldn't get through so I had to go almost to Harrells to bet back to tier house to gi the pump (several miles around my elbow to scratch my nose); and the same path back. While on this journey, I called my father to get the hoses needed for the smaller pump to reclaim the affluent from the ravine which is about 700- icet to get back to the lagoon. We all showed up at the farm at about the same time.- So by about 8:30 prp we started pumping to reclaim the affluent. At wide open we could move about 35 to 40 gallons per minute, but this would drain the hole We dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half throttle over idle we were moving water at about 15 to 20 gallons per minute and not drailting the hale we had dug. I got home at about 1:45 am on December 16 with the pump left running on a full tank of gas. This tank would last about two and a half to three and half hours. The next morning, I called the construction guy and he said he would leave his job and come and help us out. He came first to look at where and what to dig. Then, he went hack to get his proper equipment to do the job. Mark and Larry from DN Q showed up to do the assessment down stream_ They discussed a few options with me and left. This was v,ery helpful. He showed up at about 11 am and dug two deep holes in the creek bed. The one mid -stream was not dammed up. The dirt was removed from the area. The second hole was slug at the end of my property and he dammed it up so as to trap as much as possible of the affluent. The second hole was where we put the three-inch pump. This pump would move 60 to 50 gallons per minute. With both pumps running, We were filtim, my lagoon up fast. We kept on pumping_ Friday morning we started it up again. 'Ale hooked tip larger hoses for the three-inch pump so as to move a greater volume. Larry from DWQ came by and said the water looked clear to him and it looked okay to stop pumping for now, but to watch for discoloration and start pumping; again if necessary. Although it is impossible to tell when and or where a mechanical device will malfunction, it is through this experience that I can see where the more concerned eyes that there are on an item, the more likely a short coming will be caught early. The actions from my end afe to secure extra help to keep watch over the rttrtning systems. The action taken at the first sighting will greatly reduce the affects on the envirorunent of a said mishap. In this case, had I have been called by the: regional office at their first notice we all could have significantly reduced the effects on the environment, but more over greatly increased all of our intentions on protecting the environment rather than allowing protocol and due process to double or even triple the negatives on our environment. hespL-ctfull)' YuMs, I 01/06/2005 12:07 5921517 PIG CRADLES RAGE 01 IdoWiS CORP. isoo s.vj' BLw. CLXNTON, K.C. 28328 910-542-1516 TELECOPY HESSAGE Date; FOR: II c KJ4rO 0-x. / If 74- Telecopter Number : - �' e 6 r 0 vr-�- . c Talecopiar Number:919�59�-1817 Phone Nurber:919-z592-15Y6 NUMBER OF PAGES INCLUDING COVER: COMMENTS. -.-- RECE1 JAN 0 6 2005 pakR-�A` ����RcCj0t4 LofrRCf 01/06/2005 12:08 5921517 PIG CRADLES PAGE 01 19 CHAIN OF EVENTS December 6": rain December Wh: a water leak in House #4 December 9b: Try to pump lagoon but the motor was burnt, fire and smoke coming out of the motor. Called silly's Irrigation, he said he would carry it to Wilmington next week. I decided to carry it myself. December 10": rain light, carried pump to Wilmington to be fined in the morning. December 1 I": water leak house l JS December 12". small water leak house 2 December 13'': got call at 2:00 pm that pump was ready. Went to Wilmington to get pump. Got back, hooked it up to test pump, and found that the plug was bad. December 140': weather is cold, replaced plug. Test the system found breaker bad. December 150': replace breaker, test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ instruction. December 161e: Frozen, re -pump from swamp, got digger to be more productive. December 17'b: Frozen in the am, re -pump from swamp until DWQ said water was clear and could stop. 01/06/2005 12:08 5921517 PIG CRADLES PAGE 02 North Carolina Department of Environmental Health and Natural Resources Department of Water Quality To the persons concerned within the Department of Environment and Natural Resources under the Division of Water Quality. The unforeseen accident of a discharge into the ravine and ultimately the water of the state, occurred on December 15, 2004. The events that took purer were at there best an unclear and imprecise instruction by me to my help. At its worst was a combination of material and physical fatigue coupled with procedures following policy that leave cracks to fall into. The instructions that were stated to my employee were to crank up the irrigation system when he got back to the C&D Farm from his other duties, which usually was around 2 pm each day. This day though, my help had other plans of his own of which included getting through earlier than usual due to the Christmas season_ I wasn't informed of this until the next day after I had questioned my help about what exactr time the system had been started up. Over the next two days I had talked with several people whom frequent the farm for various reasons. I did this to verify the starting time of the pump. The people who tend the cows had said they came to the farm after lunch and the system was running then. This backs the time up to 12 :00 to 12:30 pm. They also said that everything looked to be running okay to them. The reel was coming in and the stationary gun was going arotmd. No problems there except the time being different from presumed instruction of around 2:00 start up. But, on his behalf, he had as usual, finished all of his duties that were his to do. 1, thinking that he was going to fire UDthe system at around 2 pm as he usually would, had made plans to go by the farm abo 4 pm o check the amps on the motor and the new breaker, and the heat on the winding motor. All of that day's events and checks were initially planned to get the system ready for the warmer pwnping weather planned for later -that-week-and weekend. When I received the call from Mark Brantley from DWQ -t- 4:05 pm l immediately left from North of Clinton and headed toward the farm. On my way to the farm I called Mark 2 to 3 times but only received a message of "NO SERVICE AVAILABLE" (in the Garland and Ingold area there is very poor cell phone coverage). Finally, I got through to Mark. He said he was on the farm. I asked if the system was running he said yes. I asked him to cut it off ; because I was still several miles away. He said he could not touch @Mjhja& on the farm. I said okay I'll be there shortly_ When I arrived the system was still running and the a.;,ua set sprinkler was stuck in one position down hill towards the ravine. I spoke to Mark and proceeded to turn the system off immediately. Mark and I walked the ravine to try to find the head of the water. Then, I started calling for a backhoe or a track hoe to try to stop the spill so as to recapture the waste at that point. Mark said this would help to protect the environment from any further damage. I called all of my sources in the area about eight different construction crews. All but one was busy from thirty to eighty miles away. They all said it would be dark before they could get their equipment loaded. It is against the law for them to travel on the road after sunset. Then, I called Murphy: Land and Nutrient Division and Dawn Williams came out_ She had a list and we tried calling the one's on her list. After about seven or eight more calls with still no luck, but a Z 01/06/2005 12:08 5921517 PIG CRADLES PAGE 03 couple did say that they would come the next morning if we could not find anyone else. Finally, Dawn said we could shovel up a small dam and use a smaller pump to reclaim the affluent that night_ My pump was a four -inch discharge. I called my house and got the specifics from my father on his pump. It is a three-inch. By this time Dawn was on her way home, so I called her to borrow her smaller pump that she had offered. She was on the backside of Garland about 12-miles away. I started off to get the pump and there was a wreck on the bridge and I couldn't get through so I had to go almost to Harrells to get back to her house to get the pump (several miles around my elbow to scratch my nose), and the same path back. While on this journey, I called my father to get the hoses needed for the smaller pump to reclaim the affluent from the ravine which is about 700- feet to get back to the lagoon. We all showed up at the farm at about the same time.- So by about 8:30 pm we started pumping to reclaim the affluent. At wide open we could move about 35 to 40 gallons per minute, but this would drain the hole we dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half throttle over idle we were moving water at about 15 to 20 gallons per minute and not draining the hole we had dug. I got home at about 1:45 am on December 16 with the pump left running on a full tank of gas. This tank would last about two and a half to three and half hours. The next morning, I called the construction guy and he said he would leave his job and come and help us out He came first to look at where and what to dig. Then, he went back to get his proper equipment to do the job. Mark and Zany from DWQ showed up to do the assessment down stream. They discussed a few options with me and left. This was very helpful. He showed up at about 1 l am and dug two deep holes in the creek bed_ The one mid -stream was not dammed up. The dirt was removed from the area. The second hole was dug at the end of my property and he dammed it up so as to trap as much as possible of the affluent. The second hole was where we put the three-inch pump. This pump would move 60 to 80 gallons per minute. With both pumps running, we were filling my lagoon up fast. We kept on pumping. Friday morning we started it up again. We hooked up larger hoses for the three-inch pump so as to move a greater volume_ Lary from DWQ came by and said the water looked clear to him and it looked okay to stop pumping for now, but to watch for discoloration and start pumping again if necessary. Although it is impossible to tell when and or where a mechanical device will malf inction, it is through this experience that I can see where the more concerned eyes that there are on an item, the more likely a short coming will be caught early. The actions from my end are to secure extra help to keep watch over the running systems. The action taken at the fiMl sighting will greatly reduce the affects on the environment of a said mishap. In this case, had I have been called by the regional office at their first notice we all could have significantly reduced the e&cts on the environment, but more over greatly increased al of our intentions on protecting the environment rather than allowing protocol and due process to double or even triple the negatives on our environment. Respectfully Yours, z 01/06/2005 12:08 5921517 PIG CRADLES PAGE 04 CHAIN OF EVENTS December 6`r': rain December !3`t`: a water leak in House #4 December 9"': Try to pump lagoon but the motor was burnt, fire and smoke coming out of the motor_ Called Billy's Irrigation, he said he would carry it to Wilmington next week. I decided to carry it myself. December I0`h: rain light, carried pump to Wilmington to be fixed in the ntorrdng. December 1 Ph: eater leak house l.I$ December 12`h: small water leak house ? December 13" : got call at 3:00 pm that pump was ready. Went to Wilmington to get pump. Got back, Booked it up to test pump, and found that the plug was bad. December 14 . weather is cold, replaced plug. Test the system found breaker bad. December 15`h: replace breaker; test system. Spill. Frozen, re -pump from swamp to lagoon per DWQ 'Instruction. December 161h: Frozen, re -pump from swamp, got digger to be more productive. December 17" : Frozen in the am, re -pump from swamp until DWQ said water was clear and could stop. RECEIVED JAN 12 2005 I DENN - FkrcML IILLE2R2RE ALOF�lE I N North Carolina Department of Environmental Health and Natural Resources Department of Water Quality Ladies and Gentlemen: The unforeseen, accidental discharge into the ravine, and ultimately into State waters, occurred on December 15, 2004. The events took place because, perhaps, of imprecise instruction from me to my employee. More directly, it was a combination of material and physical fatigue coupled with procedures and policy that leave cracks to fall into. My employee's instructions were to crank up the irrigation system when he returned to C&.D Farm from his other duties, which usually was around 2:00 p.m. each day. This day, though, he had other plans, which included finishing earlier than usual due to the Christmas season. I wasn't informed of this until after the fact. But he had, as usual, finished all of his duties. Thinking that, as usual, he was going to start the system around 2:00 p.m., I had made plans to go by the farm around 4:00 p.m. to check the amps on the motor and new breaker, and the heat on the winding of the motor. All of that day's events and checks were initially planned to get the system ready for the warmer pumping weather expected later that week and weekend. When I received the call from Mark Brantley from DWQ at 4:05 p.m., I immediately left for the farm_ On my way, I called Mark two or three times but received only a "No Service Available" message (cell reception in the Garland/Ingold area is very poor). Finally I got through to Mark, who said he was on the farm. I asked if the system was running; he said yes. I asked him to cut it off because I was still several miles away. He said he could not touch anything on the farm. I told him I'd be there shortly. When I arrived, the system was still running, and the solid set sprinkler was stuck in one position, downhill toward the ravine. I spoke to Mark and proceeded to turn the system off immediately. Mark and I walked the ravine to try to find the head of the water. Then I started calling for a backhoe or track hoe to try to stop the spill and recapture the waste at that point. Mark said this would help protect the environment from further damage. I called all of my area sources, about eight different construction crews_ All but one were busy, from thirty to eighty miles away. They all said it would be dark before they could get their equipment loaded. It is against the law for them to travel on the road after sunset. Then I called Murphy Land and Nutrient Division, and Dawn Williams came out. We tried calling the ones on her list. After seven or eight calls, but still no luck, a couple did say that they would come the next morning if we couldn't find anyone else. Finally, Dawn said we could shovel up a small dam and use a smaller pump to reclaim the affluent that night. My pump was a four -inch discharge. I called my house and got the specifics from my father on his pump, which is three-inch. By this time Dawn was on her way home, so I called her to borrow the smaller pump she had offered. She was about twelve miles away. I started off to get the pump, but there was a wreck on the bridge, so I couldn't get through and had to go almost to Harrells to reach to her house, and the same path back. While on this journey, I called my father to get the hoses needed for the small pump to reclaim the affluent from the ravine, which would be about 700 feet to get back to the lagoon. We all showed up at the farm at about the same time. So by around 8:30 p.m, we started pumping to reclaim the affluent. At wide open, we could move about 35 to 40 gallons per minute, but this would drain the hole we dug with shovels in just a few minutes and cause the pump to lose prime. So, at about half -throttle over idle, we were moving water at about 15 to 20 gallons per minute and not draining the hole we had dug. I got home at about 1:45 a.m. on December 16 with the pump left running on a full tank of gas. This tank would last about two and a half to three and a half hours. The next morning I called the construction guy, and he said he'd leave his job to come and help us. He came first to look at where and what to dig. Then he went back to get the proper equipment for the job. Mark and Larry from DWQ showed up to do the assessment downstream. They discussed a few options with me and left. This was very helpful. The construction guy showed up about 11:00 a.m. and dug two deep holes in the creek bed. The one mid -stream was not dammed up. The dirt was removed from the area. The second hole was dug at the end of my property, and he dammed it up so as to trap as much of the affluent as possible. The second hole was where we put the three- inch pump. This pump would move 60 to 80 gallons per minute. With both pumps running, we were filling my lagoon up fast. We kept pumping. Friday morning we started it up again. We hooked up larger hoses for the three-inch pump so as to move a greater volume. Larry from DWQ came by and said the water looked clear to him, and it looked okay to stop pumping for now, but to watch for discoloration and start pumping again if necessary. Although it is impossible to tell when and/or where a mechanical device will malfunction, it is through this experience that 1 can see where the more concerned eyes are on an item, the more likely a shortcoming will be caught early. The action taken at the first sighting will greatly reduce the effects on the environment. In this case, had I been called by the regional office at their first notice, we all could have significantly reduced the effects on the environment, we all could have more effectively implemented our intention to protect the environment, rather than allowing protocol and policy to double, or even triple, the negative impact on our environment. Respectfully, 0-, r Jimmy D. McLamb r PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-143 County: Sampson Facility Name: C & D Farm Certified Operator Name: Jimmy McLamb Operator Number: 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: C&D Spillway(Y or N): N Level(inches): 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected In section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation 'if animals are to be moved to another permitted facility, provide facility number, Lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. , ' Phone: Facility Owner/Manager (print) 4k AAA L Date: F cility Owner/manager (signa u ) 9110 - �M-iV2- IZ- C�_D+ RECEIVED JAN 12 2005 DENR-FA tT-tir'LIEfi�GtONALOfrlf,E PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): C&D 2. Current liquid volume in 25 yr-/24 hr_ storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b, designed 25 yr./24 hr. storm & structural freeboard 19A inches o line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) '40341 ftz e: line cJ12 x line d x 7.48 gallons/ft' 25146 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design B0 days g. volume of waste produced according to structural design 32418 ft3 h. current herd #"1 29501 certified herd #1 2950 actual waste produced = current herd # x line g 32418 ft' certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 12112004 m. ((lines e + k)/1000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ®ft3 25156 ft3 215327 gallons 1.20 Ibs/1000 gal. 288.6 lbs. PAN PoA (30 Day) 2/21/00 Y1 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY-, 1. Structure ID: C&D line m = 288.6 lb PAN 2. Structure ID: 3. Structure ID: 4. Structure ID: 5. Structure ID: 6. Structure ID: tine m = lb PAN line m = lb PAN tine rn = lb PAN line m = lb PAN line m = lb PAN n. tines 1 +2+3+4+5+6= 288.6lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. :2 PAN •= r • • • 1 :© - • f 1 1 1 1 -M 1 • • 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 511.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (fine n from section 11) = 288.6 lb. PAN PoA (30 Day) 2/21100 r�J TLC, x. Crop's remaining PAN balance (line v from section Ill) = 511.5 lb. PAN y. Overall PAN balance (w - x) _ -223 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2121/00 For Immediate Release 12-17-04 NOTIFICATION OF WASTEWATER SPILL IN SAMPSON COUNTY House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling facilities issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared and Issued to medidin the affected county. - C & D farm, a Sampson County hog farm, had a wastewater spill on December 16, 2004. The spill was reported to DWO on December 16, 2004 and was estimated to be ': approximately 8,000 gallons. The partially treated wastewater ran off into an un-named tributary of Great Coharie Creek. For information, contact Jimmy McLamb at 910-500 4P9dF s 4 vox-X4 JAN 12 2005 CUu R-FAYFETT BliLLE r EG CA'AL OF fPG4F k- -136711 Sampson Independent - P.O. Box 89 20 Clinton, N.C. 28329 Received From: Lila DOLLARS Account Total Amount Paid $5S Balance Due S RIKID -- J-- JAN I ,- How to aevent a problem in the future. On this particular accident there is no clear way of preventing said mishap. There are several implementations that we are currently putting into place to give our best effort in heading off problem in the future. We have bought a second pump to keep under the shelter ready to use at a moments notice. We have on the farm a spare breaker and receptacle ready to be put into use immediately, not the next day on our trip through town going home. We already have the back-up gun to keep us running. Because problems usually come in groups we have hired a man to baby sit the system while running. This will head off any problems while under the current Plan of Action during the next 30 days to get the lagoon back to its proper levels. We have contacted three sludge removal companies. We have met with one already. He cannot come out for several more months to get started. The other two are scheduled for the next week or two to come out and give us a price and date to start. We hope this removal of solids will allow for greater efficiency in running the lagoon level operation. This coupled with biological additives should make the system run more systematically. Sincerely, -- c- 1 T F'"�'TS 'AN 12 2005 -�:,i':�l •�,SCilL�rii_�LF?CG!l,F:'i'^I f't!"iIVV� ELCO DISTRIBUTING, INC. 128 Martin L, King Jr, Blvd. CLINTON, NC 28328 , (910) 596-0488 LOCATIONS: WALLACE & CLINTON, NC Remit To: ELCO Distributing PO Box 536 Wallace, NC 28466 c: a L'iir'.7J,;; 09071'9)0c(� 0000014" fZ50 SALESPERSON SATE OF I/NVOCE SHIP TO. A COGOUM7 NO. • ':. ATE SHIFr'ED` % '` ` ? SHIPPED VIA: •. ; =COL. P.P.- ?_'F.Q.9 POINT ,``_,.;.,:TERMS'{,4, : ti'.W(OUR .. ORDER NUMBEP. U d aye 01ir'> C'UANinY - ' S' ` re w: j -% - DESCi�l1PiIONfiSK"¢' }-Y� F trir a '+.-1 `_b. .!. �e die-:x'.srr'.I < [V' X..Y'UIT-PRICE - c i•� ..`.,.- i SURFACE 1 J3 . %3 I E . 2 3 7 0A.. i I 40 r 0lti safe s 'r-qk >, >.I,'- `Ihank'You d PHONES DAY I:`_762-37(i2 NIGHT 9 5 -.12116 7 91.1676 9 2, - 513 011-1975 Ir )LL P�t126 hank- Y'D It,.! HANOVER ELECTRIC MOTOR & SUPPLY, INC. M01OR REWINDING - REPAIRING - SALES- POWER TRANSMISSION PRODJCTS - 60" WELLINGTON AVENUE, WILMINCTON, N(_ 28401 SOLD T 0 DATE P.O. #: QUANTITY QUANTITY i BACK I UNIT ORDERED SHIPPED ORDERED DESCRIPTION PRICE ANIOLIN'T LV I_D6$xable sib Tolai ll,��CE ll�ECEIV I C. SaIc-3 I BY Labor Tax j— ALL CLAI,'AS AND RETURNED GOODS MUST BE ACCONPANIED BY THIS BILL AND ARE SUBJECT TO A RESTOCKING FEE. IRRIGATION, SERVICE & EQUIPME, T WELDING Allen's Irrigation & Welding Incorporated CLINTON, NORTH CAROLINA 28328 815 N.E. BLVD. PHONE 910-592-3719 FAX 910-592-3432 Net 15 Days 11/2010 per month will be charged on balances over 3D days past due - A minimun of .50 will be added to past due account • An Annual Interest Rate of 16% M6lbe"a-co-o"m-p'a-r'-d-"e'd--b-y�this --bill. Recd by -0-f l Q F.� � f a � � 3 � 1 r. �wc+'�*. s�s.- s � F^.t �=x� a'.� „c..y' ? 'G�6 � �Y'�:' � �. ir• Ex i _ .� WASTE<UTILIZATION PLAN .� _ rb Si..c._t PRODUCER: LOCATION: TELEPHONE: TYPE OPERATION NUMBER OF ANIMALS: (Design Capacity) Jimmy McLamb - C&❑ Farm 1243 Sunset Ave. Clinton, NC 28328 910-592-1516 Feeder - Finish 2950 JAN 12 2005 1�tJ�,l.Oi-RCt The waste from your animal 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 safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they 'have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding -at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per 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 DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare 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 information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 I r .T i a.j' �. -� i H� £ yJ, ? • ;y ,• . WASTEUTILIZATI�N PLAN M, $ Amount of Waste Produced Per Year (gallons, ft, tons, etc.) 2,950 animals X 1.99 (tons) waste/animal/year = 5,605 (tons) waste/year. Amount of Plant Available Nitrogen (PAN) Produced Per Year 2,950 animals X 2.19 lbs. PAN/animal/year = 6,450 lbs. PAN/year. (PAN from N.C. Guide Std. 633) "'See narrative for PAN reduction justification" Tech Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Tvpe Per Acre Utilized Aoglication 10128 1 BoB Bermuda (G) 170 5.03 855.1 March - Sept 10128 2 BoB Bermuda G 170 6.32 1074.4 March - Sept 10128 2A BoB Bermuda G 170 5.20 884 March - Sept 10128 3 BoB Bermuda G 170 13.00 2210 March - Sept All Small Grain G 50 29.55 1477.5 Sept - April 0 0 0 0 0 0 0 Total 1 29.551 6,501.00 f 'This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. 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 farmers in some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. ' Page 2 rK-7, t. Y 5 �7 .t_a. i`` a. ,,WASTE,UTILIZATIONIEPL`i4N� 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 # No. Type Per Acre" Utilized Application 1 Total - ' See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 29.55 6,501 Table 2 0.00 - Total 29.55 6,501 Amount of N Produced 6,450 Surplus or Deficit 51 NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. k- Page 3 '[' ..UETILIZATEON°!'LYAN�:�� `s�..! WASTE See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (In1Hr) Amount (In.) 1,2,2A,3 BoB Bermuda 0.75 0.65 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for 60 days of temporary storage and the temporary storage must be removed on the average of once every 2 MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation -see lagoon design. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. !Narrative of operation: This waste utilization plan is written for Bermuda which is to be grazed. If grower will make one hay cutting per year he may increase his PAN rate from 170 lbs. To 198 lbs. He may do this on any of his fields. He is also going to be overseeding in the winter months. The following is the justification for PAN reduction: _ The PAN produced was determined using the NC Cooperative Extension standards for determining PAN generated. Grower has copies of all IRR-2's and Waste Analysis that were used to _ determine this amount, in his file box. Attached to the NUP, is a consolidation of that data. 11 Page 4 WASTE U,TIL', REQUIRED SPECIFICATIONS .Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. 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, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 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 ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. Page 5 WASTE UTILIZATIONPl4N�h i:' #j V. t .. _. REQUIRED SPECIFICATIONS (continued) Animal waste shalt be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 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 or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (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 discharge or by over -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 shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. Page 6 Win- A .7 � F : .. .��d.-r .. ._ _. -.,.rw ..ir"b,��+t-..,.ram✓�..a-.rs..aa�r.s.e.�ww �.—==�w+r.w-�aae.4.�..�s.+aeite-�i?'-i��-:r SSA-�.;r1�`•,rr.:,��t _y� REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will. be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas 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. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. Y 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 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. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied pre -plant with no further applications animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall.be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained .for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 7 WASTE UTILIZATION RLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: C & D Farm Owner / Manager Agreement I (we) understand and will follow and implement the specifications 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 (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. Name of Facility Owner: Jimmy McLamb _ (Please print) J l � Signature: Date: X r 62- Name of Manager (If different from owner): Signature: Date: Name of Technical Specialist: (Preaseprint) Toni W. King Affiliation: Murphy - Brown Address (Agency): P.O. Box 856 Warsaw, NC 28398 Signature: Y_" Date: Page 8 Fields 1999 2000 Pulls 2001 1 120,000 - 1 36,000 2 72,000 210,000 2 36,000 2B 24,000 180,000 3 36,000 3 540,000 300,000 4 36,000 5 36,000 6 7 8 9 48,000 10 42,000 11 42,000 12 48,000 13 48,000 14 6,000 15 3,000 16 17 36,000 18 78,000 Total 756,000 690,000 417,000 Overage annual volume applied 621,000 C D FARM ON -FARM RECORDS Month Year PAN February 2002 2.80 August 2001 0.88 May 2001' 2.60 February 2001 1.40 August 2000 1.90 June 2000 1.60 March 2000 3.10 November 1999 1.90 August 1999 2,90 May 1999 1.70 February 1999 3.00 Farm Average 2.161 Standard Deviation for was& analysis .48 * 2.16 1.0377 Range of values included in average = 1.12 - 3.2 Total Lb. PAN/Year = 1,422 Month ' Year PAN February 2002 2.80 August 2001 May 2001 2.60 February 2001 1.40 August 2000 1.90 June 2000 1.60 March 2000 3.10 November 1999 1.90 August 1999 2.90 May 1999 1.70 February 1999 3.00 Farm Average 2.29 , is a8 r :. v a.. ,y�g". r�i6 1 3 i ► rrf i =i 'n :ik �x^"n.+�. - ' • - v+.u. r� [ 1 .,�`i�,�• � � -�,e�� - it j;3.,�•.+r'�s n���` .; y 1sF}�S t t i rtir�4-�i f i 41 yyr' y �- - .... F ' � i i III y� y iY}1 F . F_' le •�� �. i ,.,.� �:'x' �' �'�' 1 '*Y t� ! ' `�' b,�,is w�.x �. � ry M�,�•-t ;-r :`EE. -',r=''�?-� ;e s� 2• e. a • -� � t. �` r�' ��r�f.:F;"+L: ,.,d, i C � 7�,� '� 13 �f^1!' c+Ss. 'i�._ rff_ .� p�ci\"}�k� r�; � i, • ~� 17.. �ir'.t $ e 1• 7'�� ♦ �lar-.::Si7. 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'� i r � � w � � ,� x 4� t ,� �� s ► ' '�; r a s s* s t � ,i �I l � 4 •y Fy. • `�C s-'�`te �'� t C� �kr � !♦ 9 Fa L1 ��r �[�y � +a♦, x° � �E rY �'t�„w� �� � � s� d'' �$�rr,�� pjJi '` .f.,s +,i'��t � f � � i a;�i ����� fit, 3 � dri4y �•a.at � � �Pi/ � � �4. w 1 � l W rr°•.` �...:ro S iT+a:."l 7;.�J ro �y''�� !tip 4'�Jh 1 xt.d'aS�b r' i.i� .s � �"5'M ��;�► w. 6i �iar.r. J � �' . �..1: �.Ln' � 'Y 1 i �' k�l.r'�i7W ! y�t� � S 4i. ,��. f I„ rl r Divisio';i 4300 Rccdv Cycck Road INC 2-607-6--165 It)) 733-2655 6'y-e wwr- N1 c I ;i m 1) 1 n r1i 7 'o r-1 Nw WO-,622 W Chtflon, NC 28328 -Fr :-�� wste-Analysis effort l.�fr�rt:.12/10/04 Sampson County Sam lc '-J.aboratomVcsu1ts':(parts ID: Ar P K Ca S Fe AM 7)? C11 Rhfu CI C 18101 Total 427 50.1 902 145 33.6 25.7 3.63 0,39 1.17 ().29 1.46 IN -N Waste Code: -A,714 ALS -AFM N17 Ni Cd Pb At Se Li ill SS C:N 1), 1 CCr% I L 211 7.74 Vescrij)fion: OR -A' Swim: i.agoofl Liq. urea Nu i ricnf s LWvaifaiifi )W for Tif sttroo— Mier E cmdrits--- lbs� %l 0001.1 jW6-iY9'_. .4pplication Method, N.-'--P205� 120 Ca op;U Ch" tv -!rrig ion', -"11- 8 0 67 7 2 84,--;rLz4'Q20 .—L,10'15 "-0 -0 ri U, ffi',VMsgCd-..� -,F�Pb -31o% r —�� VAFit6j,ResWi*Oun ess.Ot ermseli6i MP y Sample1D.- AT P K Ca A!g S Fe M11 7n Cu B Afo 0 C 18 4 0 12 R Total 331 51.6 743 113 27,5 31.2 2.42 0.37 1.27 0.25 1.26 j /A? -AT Waste Code; -A714 Ala M ("d Ph Al Se Li P11 SS C.-N 1JAM cc/;% 10 -ArO3 Description: OR-N 170 7.49 Swine Lagoon l,iq, Urea Recombiendalions: "C Oth&-Elc�icnls' . ....... MOW j�W16 Application Method 'IC Irrigation, 69, Oyl JAN 12 206 ijoillic Divi"Jon -1"0") I'vc(I'v ("rccl; ""(),I ;NCD,�, Nc. -J--6465 (9 19) 657 L'o-ml-t No: %V'0293'i NV ALlujimilly Nlcl.:ill)i) 382 Ilig Cradle Luic Clinton, NC 283'�S Waste A nalys's o )"t Iann.- - 10/15/0/1 Sampson County /MN])&Amnoomiu{Hvi/lvx 4l00KnxkCouok R'xul (�'|eiu|, NC 270A7'64G5 /919\733'2655 Report No, u/UN323 V/ 7 7 aste Analysis R o-ho' rt Farm: -permi ton Aerobic LiSuid-Swine Urea Application Alc1hod N.... U CDA Al ronomic Division 4300 Ret(O' creck I I NC ?7607-0;iO5 (919) 73i-R 5, Relmi't No: VI:020117 VV (;j u., I. McLallib Corporal loll' 3S-) Pig Cradle Lane Chnion, NC 28328 -e Ana Wasi IYSIS RL ort 9/15/04 Sampson County NCDX,A onomic,Div'isio'n2i3O6-Rei4y-Ci6cli".-lk6aa':-Ri]cio .9, F 5,S, Sam le Jnfo�I:aboratory Results"(pa ts 4, Sample ID: 1) K Ca S Fe Mtr .7? 1 Crt I? Mn -0 6 5,3 110 24,s 2.29 0.29 2.87 0.19 Towl 5 T8� 30 1.76 waste Code: 714 NLS _S03 Na Ali Cd A Al Sc Li P11 ss C.-N DAN CCE'Yo ALE LKLal Descriplion., OR -Al 152 7.69 Swine LMoon !iq. (frea --7., R Ib 0 0; Ar--'f "T 205—',-�"K-20, 0 1 0, 0 2 ij io 0 1 rri A,1141� �:� k - - ..p�ion U2 .2 --4�40,23't�MW14' 0. Mu r phy-Brown „c 2 0 A Daily Rainfall[Weekly Lagoon Level .'teco,d Farm; July a;, Freeboard swclural August Freeboard s>na ra St°'! Mori TUES -WED THUR FRI SAT Check SUN l,1011 TUES VIED THUR FRI SAT 10 It 12 7 16 17 1B 19 10 1t ---!I: l3 14 14 115 g. Z - 21 ZZ 2 2a ZS 2G 17 18 ` i'r J 21 .� .1 22 ''<3 29 20 / September 5UA MON 1 � 2 1I w November sU",' MOO Freeboard. SlMdurel Ucto. e, Freeboard srxl,�l WED THUR FRI SAT Check SUN I,t +r; TUE:; 1VED rHUP. FRI SAT GE`� -- r T&Z13 10 i1 12� 13 17 t6 19 70 12 :3 - - 1 24 25 26 27 14 1 �G 2 3 U� 1 I I TUES V1'ED THUR Freeboard FRI SAT Swucwrdl Cneci Dec 111": r SUN 1.11'. TUF';_ J,-D THUR Freeboard FRI SAT C'''ei4 MIA 1 5 6 7 6 I le 6 — �— — i' -� ! 11 ,2 13 14 15 �6 IG x 16 19 20 21 22 21 'I' — -- - � j- SPOO 26 27 2b 25 ZB 27 :B Z3 Nlurp4y-Brown,. Farm: Daily Rainfall[Weekly Lagoon Level 1', January Freeboard SUN &,ON TUES %�ED THUR FRI SAT Svuclwriol February SUN MON 4 1 3 7. 13 14 17 16 j 10 21 % 7 26 27 3March Freeboard SUN MON TUES WED THUR FRi SAT StNclural check April SUN IICN 1 13 20df Freeboard Svu=L" THUR FRI SAT 7 1 14 15 21 Freeboard FR$ SAT —THUR ks- I 4 14 t jf Aay SUN MON TUES WED 'THUR FW SAT SUN UN K1011 IA d---7 rs 4 0 =,I 14 if 15 16 2.0 2 3-rl76 22 7 Fs- 21 21 k -7-77— A n u FORM iHH-1 Lagoon Liquid Irrigation Fields Record For Rocording Irrigation Events. on Different Fields Farm Owner "� ,� l=aCilly Number � �r Operator Tract & N Dale {rnml(Jd! r) Crop Typo Field Size (acres) Irrl allon Time M Sprinklers O wa6nci Operator Inlllais 'Weather Gotta "Inspections i initials Stars Time End Timo Tolal Minulas (SField j'1•'r}_1 ! ��7'!/I v)!Gl : lL'ti;LL • U Waalher Codes: C-Clear, f C-Partly Cloudy, CI -Cloudy, R-Bain, S-Snow/Slaet, W-Windy 311 .1C3 Persons c:nmpleling tho irrianlion inspections must initial to sirinify that insliectir')ns'wnro comnWed rtl lend ovary 120 minulas. Noio: if ccnrliilon; hoyond tho p7orrniltno's r carol have rwjsod noncuniphalrcu with thu G'i4'livi+' c,rljurrs,il, L,.,�fuli; uri iuv• ::_:. I. III I;l'f I.. Fur;ra ll(It-:Z l_ tc��c�i) {iii� lkit)rI Fields M"Goid Oile. FOill) [OI Fac,ll Field pel Clop Cycal:� Tract It 1-iclrl Sico (acres) _ (A) Falln Owller Owner's Address Owner's P11a110 It 1-1c1d 11 J �T Facill(y Nuslib r -� -- r 6 / ltliyalinit Oper�llT�r i �•^[ - [,� 'iG, IrTlcdation OpermloT's / `y. ', I-`- `. ^ 1lcldress Operator's i'honc i-rom Waste LIMIzalion i'lan CiopType !>cco+nInendedVacrola (011 1 ItUfacro) = (t3) (r A) (9) IIu) (11) Dale mnJddlyr slmt Tuna EndTlrnn , - rolnl ldh,ules hilgarlon p of Sprin),lers p ,eretln I 4 Flow Bala (Ballmin) Total Volumo (paUoos) (o) . (5) . (4) Volume per Acro (gatlnue) ILL Z? Wasle Analysls I'Arl' IVIUUU gal) r'AII Applied Hillogen valance' (ldacre) (IWacle) u I U _Ial_I�1_ I ) ( ) tOr1U Crup cyclo Totals OwlTer's slgnatore Cellilied Operator (Plinl) Opermlot's slcdltahrre Operalor's cot ilicatioll No. ! NCUA Waslu Anaylysls ur E=cluivaicsil ur HI(CS E=slinrllc, Teclllllca) Guide :;ec(iun G31. ' Lnlur lllu value received by sul,lra(Anl) rlulutIII I ( 10) IfCIO i! (o). Got rllnuo subtradillrl cohIlnn (il}) I1un1 culclnul (1 1) IviluwintI UadI ifIitlaliolI event. r Foam MR-2 Tract # Field Sizo (acres) = (A) Farm Owner Owners Address Owner's Phone fl I{;•;III,ISI'i, V. -L Lagoon Irrigation Fields Record One Form for Each Hold per Crop Cydo Facility. Number irrigation Operator hrigation Operator's Address Operator's Phone !1 From Waste Ulilizallon Flan Cfnp lYpo Recommended Ibla 1.'arl{n fll M 131 141 fs) 161 fit 481 for Hal fl 11 D.16 mrrJ�diy! lulpatlwl .. wasla An.lysIs PAN ' (Il>1lDUO gal PAN Apptled (ihlaere) Al " (Pi— I0U0 _ rlilrorfen flounce r [IhJacre) skill rlme End Tlnlo Total MIrmles (J) - (2) A ul Slnlnkler! Opelntlrrg Flow Bala, (gaUrrrlrr) Total Vohuno (gallons) (o) " (3) " (4) Volumo . per Acfa (©al/Rcle) —({)— (A} Crup Cycle 'rotals I. ,,.,,,_ Owners 0510IM11.110 Cerlified Operalor (I'rilll) Q[leralol's Siynalulo Operatm's Cef tification No. I)A cnlnslr., l,ilrlplysi :car Lritll+J llt.11l or rI1;C� 1 51i:n Fic , Tticlrili�nl Guido Stictiull Ga3, Vr1111C w(,f,IVt!d by .ublradillG r-,u4mm (tO) floor (13). Colilinuu sulrlrm tlnq culunrn ( 10) floor culurun (1 I) felluwing cin. uVenf. r, F Orzto Iiiri-2 'I'lad It Fidd Size (acres) _ (A) Farm Owner Owner's Address Owner's Pllorlo tl Lagoon Irri(jr ho ll Fk,.Ids Re culd One Form for E-ach Held por Doll Cycle -5 1-acilily mamber - f /ff ? 1 Illig.111011 Operalor _/,rat•-, ., �,i �%' - �zro. Irrigation Operalor's 39 / 4' �a � , Address Operalm's Phone lJ From Wasto Utlllxation flan crop rypn ) i recommended PAN r.oadlnlr / l // Qblacw) = (a) rH 01 r:11 141 1st (61 Ill r91 (01 1101 rill . Dale nuadJJlyr lrrlUatton WasleAnatysbF'Ar1, (IUl1000 uaI) PArIApplied . (lblacre) jt;1_0 ID0 nilrogenBalance' [Iblacre) (U} - (lU) Stall MID End Thin �'iI Total Minutes (2) r�/ p or SPIIIII lerS Operallnu [ Flrnv Fiala {parlmhr) Total Vohrmn (pnRons) (0) " (5)( Volume per Acre (Un!l�cre) -fil �.",e-li Jr /ter' } / ' 4� _� I?�.1.'�[ -i ,j Crop Cycle rolals i I Owner's SEgnalule Cerlitied Operator (Prirll) Opelelor's Slgnaltlre O(retalor's Cettilicalion No. 1 N(A)A Wasln Anaylysls or E-qulvalr_nt or HRCS ESlrlllatC, iUCIII1lUal Guidu :4;Glioll G1.1. ' r_l,tar 1110 Value recelvel(Iry sllhtwOln{} cullmrn ( 10) from (11), Conll11110 st"J"'trllnO aalunnl ( 10) horn cullmlll ( 1 1) lulluwililr q!;wh bril)alinll rvrTnl Fom hm-2 Tract t1 i=ielcl Sizo (acres) = (A) Farm Omer Owner's Address Owner's Phono 11 I•"X I I I. is I T V--I Lagoon Irrigation Fields Record Ona Form for Each Field her Crop Cycle Facility Nurllller _ f 1 ;� ^ �I lrlivallon Operalor Irrigation Operalor's Address Operator's Phone 11 From Waste Utilization flan Crop Typo Recommended PAN Loaclhs0 , (Ilrlacre) _ (r3} fill i91 i01 141 (5) (61 171 181 101 (101 Iltt Da1n nmJddfyr r+ilgallvrl WasloAnalysis PAN (IblIUUO gal) I'Afl Applied {Ihlacle) _j8), (2L 1000 rlilroUen valance' (fidarac) (e) - (1n) 5fai! rune End lime -Iota! Mlnules Ili pr Sprhiklers opeialing Flow Halo (gallniln) Total Vorump (r]allons} vohmre Per Ave (gagacra} (A) —" %�:GJ iF�Z% r2—�Cl% ��G J 11 /Gl �' �, '! �l6 3 Crop CycIO Tota19 ] ---- --. 1 Owner's Signature Cellilied Operator (1'rlllt) Operalor's Slgnalure Opeialor's Ceitirica(iun No. •'(:0A Wasin Aliaylysls of t_cltrfvalenl or VII{CS ESlirnvle, recIMIC01 GLliL1e Seclion 033, vnlstp ses;r ivr.(I Iry ailitnr.11n41 rolturlrt (1(1) (lnln (1!). C:nnllnnrt s(Ihtrar,tln(j t- ksrtnl (Ill) ferurl crtsrllnl (11) rujj(}ti'rlrtu r!a(, Ilrkj�itiuls ev! -'Ill. .- 1-:oltM Iltrt-1 l_Lrr�cc It Irrius)tir�r) f=iukfs f- uum-r.l Ono I arm for Each Field Ix--r Dap Cycle Field 11 Facilily iJurrli>rsr Field Size (acres) a (A) Farm Owrlur f%L:n�.z.,(f ���� _ Irri(jalf0l► Qticrator,_- Owner's Address ;' - lrrigalion Operalor's 3-3 i �,�' - ,�,� % Address G _'n +�/L/ Ovrner's Phono 1) `��� - �'�—/j Operator's Phone it y 1 o --, ? From waste Milizatlon Ilan Crop Typo Recommended PA14 I nadlliq r��y (lirlacro) s (B) Is) 121 10) I.41 (51 (6) (1) to) to) (101 till dale nruJJdlyr hilgallon ' walla Almlysts I'M jIUlIUUD gal) PAn Applied jlhlacre) jtl)_{!!L 1000 frilrvuen valance, (Iblacae) ([]) • (!U) Stall ilmo End Tuna Total Mlnrttee (J) • j2) d of 5prinkle)e Operating Flow 1ia10 (gaUsrin) Total Voiurne (gallons) (D) " (5) " (4) voinme per Acra {gadacra) JIL A cru)) cycla rutals Owner's Slgnalure certified Operator (Plinl) Opmalm's Slgnalure Opelator's cellircalion No. i MCDA Wsislo An:iylysls or Httuivalei+t or PII(CS Eslirnale, Fedinfcal Guido .�ect'ioii 633. ' f_I,lor I11r) value recelved by subtracling w1umn (10) from (f))• Conllnuo siif,iracting column (10) flood columm (11) follovAnu {,-Dell Iniuolioll evcnl. Tract 11 Field Size (acres) = (A) Faim Owner Owner's Address Owner's P11011e 11 1"A11 1 1(I T F.-7. Lagoon Irrigation Fields Record One Fenn for E..ich Field per Dop Cycle Facility Number Irrklaliwl 011mator Irrirdalion Operalor's Address Operator's Phone 11 From Waste Ultlizatiorl Plat) Crop Type � � Recommended PAN 1 am t n(I ✓i � (Unre) � (0) (1) 421 (3) (11 {,) (61 11) (81 to) 041 fill r3aln rnnllddlyr hllgallon WaS1e A11a1y117 I'Afr (gPIIU00gal) I'An Applied (MIarle) lono rlilroalen Rnlance ' [Ir,laac) SIa11'lhna End Thne IDIaI Mhudes 13) (2) A of Spdnklels Operallrlp Flow Rate (gaVmin) Tolalvollarno (gnllon.1) (a) (5) " M �/011u11e perAcro (gnl/acrr.) J11- JA) Crop Cycle Totals _ Owner's Slgnalure Certified Operntor (Prins) Opemim's Slgnalure Operator's cellificalion NO. `'":OA Mislo Annylysls or E(lulvaient Of N1tCS 1=slilr1210, TeC11111C-11 Gu1110 36Ctf011 633. value Ieceiverl by ^ulrrrc1Clln41 Column (10) 11(II11 (11)• conl[Imn srlfllrrlctlllrl col[IIIIJI (r(}) (rum Culmm) (I t) followil]( eaa;ll irliSafi(nl (:ver1l. MII�� Fonm 11(I(-2 Tract 11 Field sir© (acres) = (A) rarm Owner Owner's Address Owner's 1,1110110 1) Lit( oon lrlioWlml Fiu.kk; Ilt.-(..o1l Ono Feral for Each Ficld per C)op Cycle Il � j-ie1� ✓'� F aclflly N(1f16f,!.f I )_-1 Irritlalion Operator J „�--�% �Zs t Irr193tion Oneralor's / ;J.�u�•^ �- Address Gi:: �� �'.G � 8F�-d Oileralu►'s P11Dne 11 y /ii—.7 i L— /O77' From Waste Utilization Plan Cool) iypo Recommended PAH I,oad{rip (Macre) = (D) C G' rn 01 101 rot rtol II II Dale nxrdddlyr • In]paUon wade nn:rlrala hnn' (lb/IUUU gal) VAtI Applied (Iblacre) MOD thirogen flalance' (lblaue) (nl (Irr) Slarl Tlnra End ilrne dotal Mlnutes (a) - (2) o of srslnklpr� QperellnQ Flow Rate (Onumin) Total Vohrme (gnnons) (©) " (5) (4) Volume per Acre (palf cfe) JCi Crojl Cyclo 7'olals I i Owner's SIgnalrrre Cet ifred Operalur (Vow) Operator's 5fUnalure Operalul's Gellirrcation No. I MCDA Vl,-Islo Anaylysis or 1--ijulvalenl or f RCS Eslili ale, Tudialual Guide Scciiorl G33. ' l_nlur 1110 Value IecelVed fry sutrtracllnp c0urnn (ID) flurn (H)- C:onllnuo subtracting cohnnn (10) from column ( 11) foliowinrl f,,ach irril)rWO 11 evenl- J FoRm IRR-2 Tract 1) Fink] silo (acres) = (A) Rum Owner Owner's Address owner's 1'11ono 11 Lagoon Irrigation Fields Record One: Form for t=ach Field per Crop Cycle-. Facility t•lurmuer - �r Irriyallon Operalor Irrigation Oporator's Address operator's Phone 11 From Waste !Utilization Plan Crop Type recommended PAN l.oadinu (Iblarro) v (D) C� 111 01 M M Is) 161 171 181 (01 1101 fill Dale nurdddlyr lulgallo» ' Waste Amlysle PAN , (iW1000 flap PAIL Applied (1111acre) _12LML 1ouD tlitrogen Balance' (1ldacre) (D1 - {10) Stati ilnie ter! T1ma Ta1al Mlnuie� 0 ur sprinkiera Operalln0 Flaw fiats (Oallmin) 'iota! Volume (Slallonsj (n) w (5) (1) Vohnue perActa (flallacre} _ N- A I* y Crop CyclO Totals Owner's SlUnaltiro Ceilified Operator (r'rint) Operalm's SIdnature Operalflr's Ceilificatitm No, "Q-JA 0hlsto Anaylysls or 1=r)uival"ni or N((C:; l=slirllale, Tedmlcal Guido Section G33. 11", value rort'.lvml try uhlralaini) cnlunnl (111) from {I))- f.;nnl oun sulllrnrllnrj rnl11n111 (10) beta colinlm (1 1) lolitr:ving t: 1!;11 iriil)aliuu cvt:,ii, Trad 11 Held Size (acres) = (A) Farrtr Owner Owner's Addfess Owner's Phono 11 Lagoon 116y'Li(tr)I1 (ZF'.rord Ono Forin for 1D.1{:h Field per Ciop Cycle Hold a �3 0 Z ef. F .2 - /•-16 Facilily Number 1 --- -- - i Irrloallon Operator's Operatot's Phone 11 1 71- G From Waste Milization flan Crop Type — necoremendcd PAID I oaring in jl fit 01 (3) 141 151 rat (71 lei rot 1101 fill Dale rnnuddlyr 1rrlUatlon Waste Analysis VAIJ {e,J lu0o gal) PAII Applied (ltdacre) lnL" t`tl_ 1000 Nitrogen Salance' (rl+lacse) (D} (tu) slat Tlrne End Time TOM MrnnlPs (j) - (7) 0 of sp;IJIM813 opwallog Flowllalo (gaUndn) Total Vafumo (gallons) (0) " (5) " (4) volume per Aao (UM/Ave) _{J}.. crop cyclo ,rotalR Owner's Slgnalwo Ceitilied Operator (1'lirit) Operator's Signature Q),eralor's cetlirwatioll No. I. NCAM Waslo Aitaylysis of Lquivalent or NRCS Estimate, VCC11111Ca1 (illltlu Secliatl 633. ' 1-11101 Ille Vahlo. Jr:{.E:Ive{l i,y colullm (10) 110111 (13). CuniirlLIO sul>lraclln{I Culrrlrtn (10) fr(Jni c:ulurrnl (I t) folliming i!nclr irrir):rlinn r vnirl r" • Fonto IFIR-t Lagoon Liquid Irrigalion Fields Record For Recording Irrigation Events on Different Fields 7 i Farm Owner / � � �� Facially Narmber Operator Tract & Field ft Date (mrrm/dd/ r Crop Field Sizo Typo (acres) Irrl allon Time 9 Sprinklers O eralina Operalor Inlllals 'Weather Code —Inspections initials SSlart Time fond Time Tolal Minr,tes 3 ! D �~ LJ iCJ7/ 1 t�. � e��.C� 3—t r , �. r r c,�D . �� l �..-/q ����,� .;ate �C�l �.� ��► /� I � G"� Y•� � ./ 30 ,� .Z : 3 v rf i1it1� r ��� 1 w r re- 'IJ I � 4 D /•/G�-�'�' ��3/ "1/'�� 2 ' ,3Weather Codes: C-Clear, PC -Partly Cloudy, Cl-Cloudy, R-Fain, S-Snow/Sloel, W-Windy " Persons rompleting the irrigation irlsl)4ciiorls must initial to signify that inn�nctlons'w+)re r,nrnl>IMPd sit bast overy 120 minutes, J4'CAO: If conc}itions boyor'd lim, ? crr �illnn'^ cnnlrrl h7vo causod nnrwomplihiwti with lho CAVVNIi w pomiit, �x,�?<�In un r,;vorc,� Y 3/14/03 4 F(Dw Imi-1 Lagoon I-irluid Inigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner Facility Number Operator Tract & Field 0 Date (mmlddi r Crop Typo Fleld Size (acros Irr1 atlon Tlmo H Sprinklors O arntin Operator lnillals 'Weather Coda "Inspections : iniliais Start Time End Time Total Minutes ll ? ? y�G'f� 1.-1 �l'G1Z' ? {c'�'- �{ G�. �,� Ill•�d`���c� J AIM i ' Woathor Codes: C-Clear, PC -tartly Cloudy, CI -Cloudy, n-Rain, S-snowlsleet, W-Windy 311.11M '• persons rnnwlnlinrt the irrigation irfspectiortis must iniliat to signify that in_lrofArin5 warn rompleind at least every 120 minutes. Note: 11 cunailions hoyorxl tt:!r }xii nilf. n';'r,nntrol have caused nnrlrninpli;uu:'a Willi fiu3 CA1Pdivll' ut horruil, u)ppliaii; on rover r. r FORM IRR-2 k iytisant # [ Field 1; 3 Field Size (wetted acres) = (A) .. -Farm Owner Owner's Address Owner's Phone # The McLaliib-Cori2. 382 Pig .Cradles Ln. Clinton, NC. 28328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type It) (2) (3) (4) (5) t5) Facility Humber % 1 Gl Irrigation Operator Irrigation Operator's 381 Dauylitry Rd. Address Clinton, NC.28328 Operator's Phone # From Waste Utilization Plan Recommended PAN 5� Loading (itilacre) = (B) (7) (a) (91 (10) 0 1) —Nutrient Source Date (mm/dd/yr) Irrigation Waste Analysis PAN' (IA/t000 gat) PAN Applied (Ih(acre) (r) x A? two NitmKjon Balance" (Ithfaas) (B) (1Q) Start Time End Time Total Minutes (3) - (2) Hot Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (B) x (5) x (4) Volume per Acre (gallacre) (7) ( (A) D IV, ,-96"4 05ICJ 553 Crop Cycle Totals OvAier's Signature Certified Operator {Print) Operator's Signature Operator's Certification No. IJCDA W:i:;li.! Aii ,�lsis ni 1_cluivalr:in. AI ;r mil litniurl,-wzf5U' a+1} lysis is fluitvri -lllit1 tid days of land application evt nl-- FORM )RR-2 Hydrant # f Field # Field Size (wetted acres) = (A) Farm Owner Owners Address Owner's Phone # The McLamb Corp. 382 Pig Cradles Lin. Clinton, NC. 28328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type (1) (2) (3) (4) (5) (6) Facifity Number i i V 3 Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, Ne.28328 Operators Phone tJ From Waste Utilization Plan Recommended PAN Loading (Iblacre) = (B) (7) (8) (9) (10) (1t) "'!Nutrient Source Date (mmlddlyr) Irrfa_ation Waste Analysis PAN' (I bit 000 gal) PAN Apptied Qbraac) (a) x r91 low Nitrogen Balance" (tbt—) M - 00) Start Time End Time Total Minutes (3) - (2) a of - Sprinklers Operating Flow Rate (gaVmin) Total Vofume (gallons) (6) x (5) x (4) Volume perAtre (gavacre) (711(A? L¢.00 .7!VV- 24d fir 'r� Lf/'--"� T���, ��C�S �.[� rC• I Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. 1 4 ng1 NCDA %-% aL: Ai iayl:;i3 of LquivaleW. At :.i mininlum,_%v"ki; anat;cis a IcqulrcU wallml GU days of land arilrliCalioo i;vents. 1 '—) 1 FoRr. IRR-2 Hydraw # Field Size (wetted acres) = (A) Farm Owner Owners Address Owner's Phone # Fiald 9 i ! r The 'McLamb Corp. 382 Pig Cradles Ln. 2 328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type n i r91 1Z5 yeti /S1 Ifil Facility Number 1 G IzI Irrigation Operator Irrigation Operators 381 Daughtry Rd. Address Clinton, Ne.28328 Operators Phone # From Waste Utilization Plan Recommended PAN Z� Loading (lb/acre) _ (B) r71 181 M (to) (11) "'Nutrient Source Date (mm/del yr) Irrigation Waste Anatysis PAN' (Ib/1000 gap PAN Apptiod Qhraae) (81 x 01 _ 1000 Nitrogen balance" (lhf—) (B) - (10) Start Time End Time Total Minutes (3) - (2) 0 of Sprinklers Operating Flow Rate (gaVmin) Total Volume (gallons) (6) x (5) x (4) Vaiume per Atre (gal/acre) (7) / (Al Crop Cycle Totals Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No.��� 4� NCD„ l'JaSto AIIZ4yl:;16 �11 Fquiv.Ilea11. At a 1i11111111U1r1, waste analysis is rcUuirLd vl0in 60 days of land applicalion events. FORM MR-2 Hydrant V I G FiePd Size (wetted acres) = (A) Farrar Owner Owners Address Owner's Phone ## Field # I S 1 The McLamb Corp. 3.82 Pig Cradles Ln. 2 328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type (1) (2) (3) (4) (5) (6) Facility Number 3 Irrigation Operator trrigalion Operator's 381 Da U g h t r y Rd. Address Clinton, NC.28328 Operator's Phone #1 From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) 171 i9) (9) (10) (11) —Nutrient Source Date (mmldd/yr) f rrioation Waste Analysis PAN' (Ib11000 gal) PAN Applied pt>laae) (8) x rs) 1000 Nitrogen Balance" Old—) (B) - 00) Start Time End Time Total Mintrles (3) - (2) # of Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) X (4) Volume per Acre (gal/arse) (7)1(A) &'CU -73 -7 `? 1 30 t Grp' j; ;vt f Zv I,- Sd DD Crop Cycle Totals I Owne('s signature Operator's Signature Cerlitied Operator (Print) Operator's Certirication No. NCUA VJ;i;;le Aiiaylt;is ui Lqui alunt. At 0 ntininsuin,.e; le Qrlalycis �s fuGuired wrlhin 60 days of land application Events. • (=ORM 1RR-2 Hydrant tt riefd Size (welled acres = (A) Farm Owner Owner's, Address Owner's Phone A Lagoon liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Field # G? The McLamb Corp. 382 Fig-CradLes'Ln. 28328 Crop Type r--1 rtit rz) rat rat rst 161 Facility iJumber j Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, NC.28328 Operators Phone A Front Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) 17l fat (91 _ (tot ttt) —Nutrient Source Rate (mMddlyr) Irrigation Waste Anatysis PAN' (Ibli 000 gat) PAN Applied otwaus) eM r, (2 1000 Nitrogen Balance" (B} - 00) StaA Time End Time Total Minutes (3) - (2) 0 of Sprinklers Operating Flow Rate (gaVmin) Total Volume (gallons) (6) x (5) x (a) Volume per Acre (gaVacre) (7)1(A) S� �o Q7_ �, 3,5 , q _ _ _ ---- — —•- Crop Cycle To(els Owner's Signature Certified Operator (Print) Operator's Signature Operator's Certification No. S q j341 HCOA 1 :'a;;te Anaylsi�; of Equivalc:rd. A[ j minimum. wast,, altalysis is required wilitin CO days of land application event. FORMS ERR-2 Hydrant 9 ! i Field 9 Z Field Size (wetted acres) = (A) Farm Owner r Owner's Address Owner's Phone u 7 The McLamb Cor . 382 Pig Cradles Ln. Clinton, NQ. 28328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type s !1) (2) (3) 141 (5) 161 Facirly Number' /�, 3 Irrigation Operator Irrigation OperatoeS 381 D a u g h t r y Rd. Address Clinton, NC.28328 Operator's Phone ri From Waste Utilization Plan Recommended PA14 '1 Loading (Iblacre) = (B) (7) 18) (91 flo) 01) "'Nutrient Source Date (mm/ddlyr) Irri anon . Waste Analysis PAN' (Ib11000 gal) PAN Applied Pb/acre) (81 x (91 1000 Nitrogen Balance" (tb —) (B) - (110) Stan 'rime. End Time Total Minutes (3) - (2) 1701 Sprinlders Operating flow Rate (gal/min) Total Volume (gallons) (6) x (5) z (4) Volume per Acre (gaVaore) (7) l (A) -76 v :-� � : d� r �D i .sv G �S� 16625 1 � �; � � z 2 Owner's Signature Certified Operator (Print) Crop Cycle Totals J Operator's Signature Operator's Certification No. . 1_9 09 1 NCDA V.:.sl Arraylt;;s or Fgiiiv;Aeiil. Al �r nii6inuin, wash analysis is required wilhirl 60 days of land application event,. FORM IRR-2 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Hydrant 0 Field # '-2 Field Size (wetted acres) = (A) r Farm Owner Owners Address Owner's Phone # 6? The-McLAmb-Cor-: 382 Pig Cradles Ln. 28328 Crop Type 11 1 01 t1A 141 f51 16) Facility Number CJ 2TJ Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, NC.28328 Operators Phone # From Waste Utilization Plan Recommended PAN - Loading (lb/acre) = (8) 171 ref l91 (101 till "'Nutrient Source Date (mm/ddtyr) Irrigation Waste Analysis PAN' (lbl1000 gal) PAN Applied (Itwarxe) t8lx(91 low Nitrogen Balance" ¢l —) (B) ` 00) Start Time I End Time Total Minutes (3) : (z) s o! Sprinklers Operating Flow Rate (gallmin) Total volume (g2flons) (b) x (5) x (4) Volume per Acre (gallacre) (7)1(A) R-- .Sly Crop Cycle Tow Owner's Signature Ceflified Operator (Print) Operator's Signature Operator's Certification No, 19 9 i ! C,Dlk LNasle Ariaylsis or '._qurvalent. A! n wwlirnurn„wa: tr, �;lalysls is required vJlhin GO days of Land application ovei&;. FORM IRR-1 Hydrant 44 Field of Field Size (wetted acres) = (A'' Farm Owner r Owner's Address Owner's Phone # The McLamb Cor . 382 Pig Cradles Ln. Linton-. NC. 8328 910 3-2-1-5 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type d— (1) (2) (3) (41 (s1 (6) Facility Number GJ - �" ✓ Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address ClintOI11 Ne.28328 Operator's Phone # Gin -4 From Waste Utilization Plan Recomnrendnd PAN Loading (IWacre) = (B) �J (7) 49) (91 1101 fill —Nutrient Source Date (mm)ddlyr) Irrigation Waste Analysis PAN' (1W1000 gal) PAN Appried oblacre) (6) x I91 low Nitrogen Balance" {Mace) (B) - 00) Start Time End Time Total Minutes (3) - (2) # of Spdnlders Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gavw m) (7)1(A) B= !1 !�- v v' 9; C� /,` � 1,2v 1 r �"� GcU� ��= 7.�- � r I �' `�. 6 �•� `� vv .2 e 36) 3Q 5 Sav ' = . i o r7 I `f Crop Cyr -le Totals Owner's Signature Certified Operator (Print) Operators Signature Operator's Certification Ho. 1 g n q 1 r4co", VJ�1.0.2 Allaylsis ()I Equiv,Alerlt. At Li mini num, rite tnafysi; is required within 60 days of land application events. FORM IRR-2 Hydrant # Field Size (wetted acres) = (A) Farm Owner �+ Owner's Address Owner's Phone # l Field tt L � r,7 The-McLamb Cor . '382,Pig Cradles Ln. Clinton, NC. 28328 l Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crop Type III f2) V (3) (4) (5) lG) a. Facility Number C7 Irrigation Operator IrrigationOpemtor's 381 Daughtry Rd. Address Clinton, NC.28328 Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (B) (7) (81 (9) 00) (tt) —Nutrient Source pate (mmlddtyr) Irrigation Waste Analysis PAN' (lbl1000 gal) PAN Applied QNacre) ( 1000 Nitrogen Balance" (IN—) M - 00) Start Time End 'rime Total Minwes (3) - (2) # of Sprinlders Operating Flow Rate (gaumin) Total Volume (gallons) (0) x (5) x (4) Volume per Arne (gavacre) (7)1(A) l3= Ovmer's Signature , Certified Operator (Print) Crop Cycle Totals Operator's Slgrtalvre Operator's Certification No. Lg n q 1 _ NCDA Waste Anayl,is or Equivalent. At a iniriirnuftt, tifaste analysis is required within 60 days of land application events. FORM IRR-2 Hydrant # CField o E1, Field Size (wetted acres) = (A' Farm Owner Ovmer's Address Owner's Phone # 67 The McLamb Corp. 382'Pig Cradles Ln. 28328 Lagoon Liquid Irrigation Fields Record One Form for Each Field per Crop Cycle Crap Type (1) (2) (3) f41 (5) 16) Facility Number g % Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, NC. 28328 Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (lWacre) = (B) (71 (8) (9) (10) (111 '"'Nutrient Source Date (—TVddlyr) irrigalion Waste Analysis PAN' (lb/1000 gat) PAN Appliod (ibrarre) 18� x (ef 1000 Nitrogen Balance — (tb/acm) (B) - (10) Stan Time End Time Total Minutes (3) - (2) # of Sprinklers Opera ling Flow Rate (gallmin) Total Volume (gaNOns) (6) x (5) x (4) Volume per Ape (gal/aao) (7)1(A) B= SQ Owner's Signature Ceniliea Operator (Print) Crop Cycle Totals 1 Operator's Signature Operator'.- Certificadon No. ^� k'COh'%%%_;;ty ur Lquivalviit. AI zi 1imiimumr'tr sl, a+lalysis is rr:C}uiiui] wuiuri 60 r&+ys Cd I.vid;ipplica60n fwpnts, FORM IRR-2 Lagoon Liquid Irrigation Fields Record Cne rorrn for Each Field per Crop Cycle Hydrant # E I Field # 2-- Facility Number -2— - Field Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone # The McLamb Cor 382 Pig Cradles Ln. 28328 Crop Type r,% r91 !71 IAN !SI 161 Irrigation Operator Irrigation Operator's 381 Daughtry Rd. Address Clinton, N12.28328 Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (Ittlacre) = (13) C✓ m 181 (91 (10) 0 1) "'Nutrient Source Date _ (mmlddlyr) Irrigation Waste Analysis PAN' (ttui Doc gal) PAN Applied Ob(acm) (gy x 0 1000 Nitrogen Batanoe" n� ) (10) Start rime End Time Total Minutes (3) - (2) # of Spriniders Operating Flow Rate (gavmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gathers) (7)1(A) a= S v Y 7,0 Crop Cycle Totals Owner's Signature Operator's Signature Certified Operator (Print) Operators Ce(titication No. NCD„ Wzj:ilu Anayl5is car EquivaJusa. Al �i niinirrlurti,.wa;t r analysis is ruquir(.j wilhirl tit] r13ys of Kind apolicilian r vents. y FORM MR-2 Hydrant # 1 Field 9 Field Size (wetted acres) = (A) Farm Owner M Owner's Address Owner's Phone # i ! The McLamb Corp. 382 Pig Cradles Ln. C 28328 Lagoon Liquid Irrigation Fields Record Orte Foin1 for Each Field per Crop Cycle Crop Type S �r 111 (2) 131 (4) (51 (61 Facility Number � Z /,T 3 Irrigation Operator trrigationOperatofs 381 Daughtry Rd, Address CI.Jl-itorl, NC.28328 Operator's Phone # From Waste Utihza(ion Plan Recommended PANE j Loading flblacrej = (B) C/ ~ (7) is) l9) (14) f11) "'Nutrient Source Date (mm/ddlyr) lrrigation Waste Analysis PAN' (lb/1000 gal) PAN Applied obt—) f81 r (2 1000 Nitrogen Balance" (tN—) (B) - (10) Start Time End Time Totai Minutes (3) - (2) # of Sprinlders Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal/acre) (7)1(A) B= SQ /20 /r SD 1 :�D 30 it 50 /SriC/ .../`-� 3 Crop Cycle TotaleI I Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No, 1 a41 S�( l7lR VJ,rcl r n 1'I,:iS e]I' hf5tnv�fq[lt AI n rZmlirllmn, J ;v [ en�l, cls iG required within GO dziys of 13nd 3pplic3tioit events, FORM IRR-1 Lagoon Llquld irrigation Fields Record For Recording Irrigation Events on Different Fields Farm Owner Ike- �G G/,�/zi � Cor Facility Number _ Operator c1. r In cry ' �J /z-t, �, /° �.. Tract.& : Field Date mrn/dd r Crop Type Field Size acres lrrl' ation Time 9 Sprinklers Start Time End Time Total Minutes Operatinq Operator Initials .'Weather Code —Inspections Initials -S-6 . e-67 4.�..Nlf � -)DIP ��� I �: .I} y. � ! 4/!/ t/�- . G� �- _l. t� /L / �G ✓ � %, / //env -29-0� , 67 �',irF1 J ��� •' �7. ic` ��t Y G "' r'—Off (% U rLIJ j� llZl i .z-U 7 ��.' / c p✓ V ' `J �V I � VI f I � � ✓ y GY ' IJ_�l� /j.ed14 Weather Codes: C-Clear, PC -Pauly Cloudy, Ct-Cloudy, R-Raln, S-Snow/Sloet, W-Windy a/14/03 " parsons completing the irrigation inspections must initial to signify that Ihspoctlons:wero cornple.led at least every 120 minutes. Now if conditions beyond the pormitlee's control have caused noncompliance wilh Ilia CAWNIP c,r parrnil, explain On reverse. FORM 1AR-1 Lagoon Liquid lrrlgntlon Flolds Record For Recording Irrigation Events on Dillerent Fields Farm Owner 761,�- �1'. !: •�, �' �U/%' Faciltty Number "Operator .�r�r�.��:L l�2G��ci.,'; Tract & Fletd # Date mm/ddl r Crop Type Field Size acres Vrrl atVon 7lme # Sprinklers Operating Operator Initials 'Weather Code "Inspections Initials Start Time End Time Total Minutes 2 . . � U � ". 3•,,_ y jar s�3 � ' �l� crD " ;�.� vv . I ,�C I .. �;,v�� r"�✓Ins-G. .r . i Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet; W-Windy "" Persons completing the irrigation inspections must initiai to signify that inspoctlons:woro completed at least every 120 minutes. Noto: If conditions boyond the porfT tMno's control have caused noncompliance with the CAWMP or permit, explain on roverse. 3/ 14/03 III I)ydrant q Fidld ,S,izu fwultud acrr s) = (A) Farm Owner Owner's Address Owner's Phone # r Field # 7-1 LJLIUUti Liyuira Irric)tlli0rl FiClds 'r lr�;urc( O;ic Form for Each Field per Crop Cycle Cron Type 5 N (2) (3) (4) (5) M) Facility Number (� Irrigation Operator Irrigation Operator's Address Operators Phone # From Waste Utilization Plan Recommended PAN Loading (Iblacre) = (8) (7) IM (9) (10) 01) "'Nutrient Source Date (mrnlddlyr) irrigation Waste Analysis PAN- (lb11000 gal) PAN Applied (Ihlacra) W),x_{g ) 000 Nitragon Balance" (tAracm) (a) - (10) Start. Time End Time Total Minutes (3) - (2) pot Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (13) X (5) % (4) Volwne per Acre (gallacre) (7) ! (A) Crop Cycle Totals Owner's Si�jnaturc Operator's Signature Certliied Operator (Print) Operator's Certification ND. NCUA Waste Annyl ,i5 or E ,uiv�i!enl. Al a winimuln, w�,lste analysis is required wilhin 60 d0y;; of land appiiujlion events. FORM IRR-2 h is Bran[ fF ! Q FioW Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone $ Lagourl Liquid Irrigation f=iclds Record One Furni i(x F.ich Field per Crop Cycle Crop TYPe r11 (7) Cif 141 r51 (6) Facility Number Irrigation Operator r� ���L~,`.�,V— Irrigation Operator's Address Operator's Phone Ill From Waste utilization Plan Recommended PAN Loading (Iblacre) = (B) (J� f7) (8) (9) (10) (11) "-Nutrient Source [late (mrrdddlyr) Irrigation Waste Analysis PAN' (Ib11o0t1 gal) PAN Applied (thfac re) (8) x l91 1000 NitrD9en Balance" (ltVacre) (B) - (10) Start TIme End Time Total Minutes (3) • (2) a of Sprinklers Operating Flow R,31e (gatlrnin) Total Volume (gallonS) ((i) x (5) x (a) Volume per Acre (gavacre) (7)1 (A) B= - -�4t o i D i�dv l83 G i, .5 JU �2- 4 D `f Crop cycle Totals Own F°r'f, Sign ;It ltr0 C.:1*ified Opuriilur l 'olnll 01,crawr' Signature Operator's ierblicauun No. �'r-�A'.`.rt1_;i���11 ,. jLJV��l�_I�i +;l <.� ++�iroinniril, tiv��:�.:-;.I,�Ilysis it,r��,,)�_„r.'�.l e.�riiin ��] days (it ivnCJ {i�i�C:ihUn t �en,5. f=0rtnt Ir.it-2 Flydrant is Field Size (wetted acresf = (A) Faun OWntlr Owner's Address Owner's Phone K t-tryuon Liquid 11nyatiL)n Fi1,ld5 Record Orte Farm for Each Field per Crop Cycle Cron Type fi% 01 f31 141 151 161 F:a614 Number Irrigation Operator lrrignuon Operator's Address 4 Operator's Phone _ From Waste Utilization Plan Recommended PAN L-oading (Iblaue) _ (S) (71 re1 (9) f101 [tt) "'Nutrient Source pate (mmlddlyr) Ifrlgatlon - - Waste Analysis PAN' P11000 gal) PAN Applied (ttyaere) (8) x (9) 1000 Nitrogen Balance" (Iblacre) (8) - (10) Start Time End Time Total Minutes (:1) - (1) # of Sprinklers Operating Fluw Rate (gallmin) Total voiurne (gallons) (6) x (5) x (4) vokurrle per Acre ... (gavacre) (7)1(Al /0 -2-D3 io`ov �j9o c' 7,�� C� SSG' / 2 0-00 32-- Crop Cycle Totals Uw11er's jlgnJuue Operator's Signature l;ertiliud tOpt'.ratoi (+ ml) Operator'; CeRification No. At '? iS rE,goir-I,p!tfltfl 60 dav9 of Inn(1 :lnolicallnn events. FORM IRR-2 ) )ydranl q / Ficid tt 3 Fielrt Si--e (wetted acres) - (A) Farm Owner Owners Address Owner's Phone a ' v y Coe tip, Crop Type S� (1) (z) _._ (3) (4) (5) L,3gOQII Liquid Irrigation, Fields Record One form for Each Field per Cmp Cycle Facility Number - • % 11, .j Irrigation Operator Irrigation Operators Address Operators Phone From Waste Utilization Plan Recommended PAN Loading (Iblacre) = (B) "'Nutrient Source Date (mm/ddtyr) irrigation Waste Analysis PAN' (Ia11000 gall PAN Applied (Itki-re) M) x (g} low Nitrogen Balance" (Ihl—) (B) - (10) Start Trme End Time Total Minutes (3) - (2) pot Sprinklers Operating Flow Rate (gavmin) To1ai Volume (gallons) (6) x (5) x (4t Volume per Acre (yalraere) (7)1(A) B= r (0-V-03 9,00 ,qa sv�- Crop Cycle Totals . Owner`, 5irtn.'ttur� due:rator•s Signature Certified Uperator (Prinl)Operator's Certification No. warty en�rlyti ti 5 rec. uirecJ Ua{Icier tiU dE, yS of land ap;)Iic:Ilion events. FORM 1RR-2 t-iydrant # Field Size (wetted acres) = (A) Farm Owner Ownees Address Owner's Phone # Crop Type C /� 11) r71 r31 1d1 151 I,ogoon Liquid Irrigation Fields Ftccord One Form for Each Field per Crop Cycle Facility Number Irrigation Operator Irrigat;on Operator's Address Operatoi s Phone # From Waste Utilization Plan Recommended PAN Loading fib/acre) = (B) rsl f71 (In (9) (10) (tt) —Nutrient Source Date (mmldd(yr) Irrigation Waste Analysis PAN' (lb/IWO gal) PAN Appriod Ohl—) fal x (91 tow Nitrogen Balance" (lam^) (B) - (10) Start Time End Time Total Minutes M - R) a of Sprinklers Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gav—) (7)1 (A) r�= o zo-o3 oz� Crop Cycle Totals Owner's Signature _ _ _T �_, Operator's Signature Certified Operator (Print) Operator's Certification No. NCCDA hla^,n And '•s•_, or EGl:iva:cw A! ,. rr?inf;llllr^, ?_ i? •Jn 1If',i5 s ft--.104-c! , iZ'Jll N C);Jj$ C i Ijrli appilcallon L'VCtIt�. �'(=�ritrn Irtit-1 Hydrant # Ficld ;:izc (wetted acres) = (A) Farm Owner Owners Address Owner's Phone # G Field # 2 G% c// L:rlcion uqI is 1 Irrigatifiii !accord Onu Fulrn (or Each Field per Crop Cycle Crop type (1) (2) (3) (4) (5) (5) Fncilily Number =-2— 7 �3 Irrigation Operator 1! Irrigation Operator's ' Address Operators Phone 4 From Wastes Utilization Plau Recommended PAN Wading (lb/acre) = (B) 17) (al (9) (10) (ill —Nutrient Source Date (mm/ddtyr) Irrigation Waste Analysis PAN' (it)✓1()00 gal) PAN Applied Qbracre) (Hl x f91 1000 Nitrtxypn Balance" (1waae) (B) - (10) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (y.ithnin) Total Volume (gallons) (6) x (5) x (4) Volume perAue (931faue) (7) (A) B= Crop Cycle Totals Owner's Signature Gerlified Operator rPrint) Operator's Signature Operator's Certification Nu. MCDA vviste Anayt5ls ui E:qurvald+Il. ;0 a unnillrum, waste analysis r5 required within 60 days of land application events. FORM IRR-2 k lydrant # Fielcl Size (wette(i acres) = (A Faun Owner Ownef's Address Owner's Phone # Field P Z Lagoon bquiO Irri<Jraliorl f=iuld . Fdr.r_ord Dw Fornl for Each Field per Crop Cycle Crop t"ype ,5 11) 121 /l� 131 141 M1 fEl Facility Number 1 C9 -L J - ,. �"� • Irrigation Operator r •u � �X0hr. Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading ilb/acre) = (B) V r71 r81 191 (101 fill —Nutrient Source Date (mmlddlyr) irrigation Waste Analysis PAN' (10/lO]0 gal) PAN Applied (lblacre) ea) x l9] low Nitroue:n Balance" (Vase) (a) - (l0) Start Time End Time Total Minules (3) - (2) 9 of Sprinklers Operating Flow Rate: Total Volume (gallons) (6) x (9) x (a) Volume i per Acre (ga9am) (7)1(A) l Crop Cycle Totals Owner's Sigrinture Certilied Operator (Print) Operator's Signature Operator's Gerdlicauon No. i'f �.Jr, ', :;1:n �.. r\!lJ'j 1.:1;: V! -_;; LI I•, ;,iCfli. r,i -�•J i8�1L:iii, „Sic: lflal';5;;s w r6'i)ulruc „IBt Fvr;M Irart-2 tIyGrant4 Field Size (wetto d acres) = (A) Farm Owner Owner's Address: Owner's Phone L:I<j(,Drl Lkgkkl trrig;ition Fields Record One Form for Each Field per Crop Cycle Crop Type ft) 12) f31 141 f51 (6) Facility Num5er Irrigation Operator irrigation Operator's Addtess Operator's Phone it From Waste Utilization Plan Recommended PAN Loading (lb/acre) = (8) (7) 18) (9) (10) (11) "'Nutrient Source Date (mrrVddlyr) Ifhoatlon Waste Analysis PAN' (ItV1000 gat) PAN Applied Qbtacre) (8) x (9) 1000 Nitrogen Balance" (tTVacre) {B) - (10) Start Time - End rime Total Minutes (3) - (2) # of Sprinklers Operating Flow mate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gav-8) (1)! (A) B= Crop Cycle Totals Owner's SiCln.rture .-- —� �^ Op"rator's Signalure l..Cl.�flei: UNC:f .I:v tr'tlirti (.,eliliIL:;J ;un ,,,Li. A' :C: Anr i}':..I:} JI I-C,Lu'.<ilctd F., •r rur)u:uurl, .L :sic.:1r1<tl , r5 ri,i)trir.,:; :iilllrr �U :,)r)J i;]jiliCFitlilll :ve;rris. nrm lrr-;, hydrant P Field Size (wetted acres) = (A) Farm Owner Owner's Address Owner's Phone # t-cicltuun t-ic)uid Irrigntion Fir ld s Roir-o;d One i=orin for Each Field per Crop Cycle Crop Type S G- !11 IJ1 f'31 !dl 151 lFi1 Facility Number Z - L 2 Irrigation Operator J Irrigation Operator's ;4" Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (tblaue) 171 (Bt 19) (101 {11) "'Nutrient Source Date (mm/ddlyr) Irrigation Waste Analysis PAN' (IW1000 gal) PAN Applied (tGrxre) f8l),(S) 1000 Nitrogen Balance" (ltaracre) (BI - (10) Start Time End Tame Total Minutes # of Sprinklers Operaling Row Rate (gallminl Total Volume (gallons) (b) x (5) x (4) VOW* per Acre (gallacre) (7) r (A) j1-29-0 ;OD 10-L1d l 27 r. 2 J, crop Cycle Totals I I I Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No. NCL)A Waste Anaylsis or Equivalent. At a minimum), Waste analysis is required within 60 clays Of land applicrllion events. FORM trr-Z Hydrant N Field N v} ' Field Siza (wetted acres) = (A) Farm Owner Owner's Addr.±ss Gry r -VI3� r�w�c; CGS Owners Phone 4 Crop Type r fil 171 f31 fdl f_q1 I-JUuun I,irluid Irfirjation Fielcls F{ecorcl Diu Farm for Each Field per Crop Cycle Facility Numbr:r l � , n Irrigation Operator /yy ! ' Z Irrigation Operators Address Operator's Phone # From Waste Utilization Plan Recommended PAN Loading (Infacre) = (B) U 181 f71 M r31 flol t111 -'-Nutrient Source Date (mmlddlyr) Irrigation Waste Analysis PAN- (lb11000 gal) PAN Applied (ldlacm) f81 x f4] 1000 Nitnogen Balance" (IWacue) (B) - (10) Start Time End Time Total Minutes (3) • (2) It of Sprinklers Operating Flow Rale (galhnin) Total Volume (gallons) (6) x (5) x (4) Volume per Acro (gallacra) (7)1(A) fi= 9,00 D ' _ f —off � `:�7� Icy ; c'-� / � �� T G C Crop Cycte Totals Owner'; Sl�nrature Operator's Si3nature ;;eriifivd O�dra:u� (F'nrtill Operator'•, Gertltiwlian tlu. �i!'f1M1 r�n•. .�, .:I :.. _.. ,. �• !`•.: ''. ••:P-:fly, ._.`��_ :o,l•]h• f<. �iirna ,... �i, r;fl Irrigation Equipment Field Calibration Form t. Location: 4�4 Date of Field Calibration: (mnildd/yy) Flow Meter Serid. Number: n 161C Equipme't Number: Measured ring -size. inches Is ring size t1iin 0.01" of original manufactured size? Yes or No. If not replace ring. �41p� Pressure Gauge Readings.,. At Pump: psi' At Traveler: psi (if applicable)', At Sprinkler/Gun: psi ,,'. Expected Flow Rate (from manufacturers chart): GPM Measure Flow Rate (from flow meter):- GPM Flow rate variance-- greater than 10%' Yes No -Expected Wetted Diameter from the wettable acres determination) Measured Wetted Diameter- r ater t Wetted'diameter'vanance Sre ater than 15% &/or measured flawflaw vanan6-,'9' han 16%': Yes No* V It Yes, then contact a technical specialist or irrigation dealer for assistance, enter work order number: And/or explain findings: _7 Calibrator: (Signature) Irrigation Equipment Field Calibration Form 4-1-03.doc Retention Period: 3 years JAN 12 2005- UJ k- 1�;�Y67E�!, L 1. E 11EG 1 0 NA L OrIgi;al ih/0'3 Irrigation Equipment Field Calibration Form. Location: F Date of Field Calibration: (min/dd/yy Flow Meter Serial Number: eo oAn F Equipment Nurner:6 Measured.ring size:. inches .:,is ring size }vitl-in 0.01" of original manufactured size? y Yes or No. If not replace ring. Pressure Gauge Readings At Pump: :psi At Traveler. �8 ' psi (if applicable} At Sprinkler/Gur.: / 71 psi` 'Expected Flow Rate {from manufacturers chart): ' LSD 'GPM �f . Measure Flaw Rate (from- flow meter): S f GPM - Flow rate variance greater than 10% Yes No t/ Expected.Wetted Diameter (from the'wettable acres determination) Measured Wetted Diameter: fl. Wetted diameter variance g reater than 15%'&/or measured flow variance greater than"' ' 10%: Yes, No If Yes, then contact a technical specialist or irrigation: dealer for assistance, enter work order'nu_ tuber: tiyG And/or explain findings: . JAN 12 Calibrator: ) 200 (Signature) FA rt iL' EREG'0,',+ nHr{ Irrigation Equipment Field Calibration Form 4-1-03.doc R4;tention Period: 3 years Original 411/03 Ih �-BrO 1-y-C. irrigation Equipment Field Calibration Form: Location: U: �' �{. 3 • ' , Date of Fields Calibration: Flow Meter Serial}Number: (n/ddlyy6 Fquipmei nt Numbei r: 4a Measured ring size: ' - r% inches Is ring,size within 0.01" of original manufactured size? " Yes or No. If not replace ring. Pressure Gauge Readings • At Pump:, psi ; ,.. s; �; • - At Traveler: G psi'(if applicable)'' - At Sprinkler/Gun: p psi Expected•Flow Rate (from manufacturers chart): ' ' GPM Measure Flow Rate (from flow`meter): 6.� . GPM Flow rate vananc'e greater than 10% Yes No xpected Wetted Diameter (from the wettable acres determination) :. � -. .. - .... ,,....,•. Measured Wetted Diameter: Wetted diameter 'variance greater than 1 S% &/or measured flow vanance greater than 100/.: Yes No ---'-If Yes, then contact a technical specialist or irrigation • dealer for assistance, enter work o er number: An or expI 'n findings: W rrkowr ' .• Calibrator: , r JAN 2 2005 (Signature) it LLERECIONALCrr7trC Irrigation Equipment Field Calibration Form 4-1-03•doc Retention Period: 3 years Original 411/03 From: "Dawn Williamson"<dawnwilliamson@murphybrownllc.com> Date: Mon, 10 Jan 2005 15:04:18 -0500 To: <larry.baxley@ncmail.net> Larry Jimmy McLamb asked me to send you the #'s used to calculate the gallons lost listed on his press release. Maximum gallons released by the irrigation system: Run time 10:00 am - 4:15 pm at 80 GPM = 30000 Gal Total water recovered: 1 st pump running at 20-30 gpm filled 7 tanks @ 300-400 gal each = 2450 gal Additional pump 10 hours pumping at 55 gpm = 33000 gal 8 hours pumping at 55 gpm = 26,400 gal Total water recovered = 61850 gal At the time I wrote the release, the recovery was still in progress with the second pump up & running for a few hours. The 8,000 gal listed on the press release was reflective of that specific time in the recovery effort. Let me know if you have any other questions. Dawn This email was scanned for Viruses by MailGuard - A corporate mail protection service from lnterStar 1 of 1 1/10/2005 3:41 PM • Dec 17 04 05:16p MURPHY-BROWN 9102933138 p.1 Murp- hlymeBrown Murphy Brown LLc PO Box 856 822 Hwy 24 West Warsaw, NC 28398 Phone (910) 293-3434 Fax (910) 293-3138 Fax Transmittal Sheet t. jCi "I F Pages: Phone: Date: Re: CC: ❑Urgent ❑ For Review ❑ Please Cogent ❑ Please Reply ❑ Please Recycle ��— r r � c� ►-' `�.:� � r Q C t; tr;, � `� ,' elf =� �vti�-- -�+ Lip `1'i C �L. � pre U - DeF 17 04 05:16p MURPHY-BROWN 9102933138 p.2 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. Facility Name: Certified Operator Name: 82-143 CBDFarm Jimmy McLamb County. Operator Number; Sampson 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spithway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: C&D Spiilway(Y or N): N Level(inches): 18 _ 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures_ Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XX Llquid level is within the 25 year 24 hour stormm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section Ill tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Phone. -1 (lni , _ 77 Z. Facility Owner/Manager (print) fl� .4,La L Date: ! F lity Owner/Manager (signatu ) !}r Dec 17 04 05:16p MURPHY-BROWN 9102933138 p.3 PLAIT! OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACIUTIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): CSD 2. Current liquid volume in 25 yrJ24 hr. storm storage & structural freeboard a_ current liquid level according to marker b. designed 25 yrJ24 hr. storm S structural freeboard c. line b - line a Cinches in red zone) = d_ top of dike surface area according to design (area at below structural freeboard elevation) e. line d12 x fine d x 7.48 gallonse 3. Projected volume of waste liquid produced during draw down period 18A inches 19.0 inches 1.0 inches 40341 ft2 25148 gallons f_ temporary storage period socording to structural design 60 days g. volume of waste produced according to structural design 3241 8ft3 h_ current herd # F--29-5-01 certified herd # 2950 actual waste produces! = current herd # x line g = certified herd # i_ volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (limes h + i + D x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dater! 12/112004 m. (pines e + k)11000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 32418 ft' L �,J ft3 25156 ft3 215327 gallons 1.20 lbsl1004 gal. 288.6 lbs. PAN PoA (30 Day) 2l21100 Dec 17 04 05:17p MURPHY-BROWN 9102933138 p.4 II. TOTAL. POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: C&D line m = 238.6 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb P.A." 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 288.6 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. QO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD_ INN N= M �� � �r r rr .r r -. •. i 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 511.5 lb.SPAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 288.6 lb.PAN PoA (30 Day) 2/21 /00 1 DPc 17 04 05:17P MURPHY-BROWN 9102933138 P.5 x. Crop's remaining PAN balance (line v f m section 111) = 511.5 lb. PAO Y. Overall PAN balance tw - x) _ -223 lb. PAN Line y must show as a deficit. If tine y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receivina facilfir_ NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21/00 RECEIVED �h t,.;.,%i 1 1 tt,33 DEKiR-FAYE MgLLEREGIONALOFRCE Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 11, 2005 CERTIFIED MAIL — 7002 2410 0003 0272 8378 RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, NC 28328 SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State Without a Permit Farm # 82-143 Sampson County File No. DV 05-001 Dear Mr. McLamb: Alan W. Klimek, P.E. Director Division of Water Quality This letter transmits notice of a civil penalty assessed against C & D Farm in the amount of $5,121.29 which includes $1,121.29 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. 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 three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of - Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 No Carolina Jl�aturalltf Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: ht0:I/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/IQVD Post Consumer Paper Ko 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 form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-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 Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 1' 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a copy of the petition to: And to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. Steve Lewis DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty_ Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 715-6629 or Mr. Keith Larick at (919) 715-6185. Sincerely, ieo ore L. Bush, Jr., Chie Aquifer Protection Section TLB/scl ATTACHMENTS cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments Mark -Brantley, FRO w/ attachments File # DV 05-001 w/ attachments APS Central Files w/ attachments Susan Massengale, PIO w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CTVEL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND. KENNETH McLAMB ) STIPULATION OF FACTS FILE NO. DV 05-001 Having been assessed civil penalties totaling _ $5,121.29 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 11, 2005 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of ADDRESS TELEPHONE SIGNATURE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 05-001 County: Sampson Assessed Party: Kenneth McLamb Permit No. (if applicable): NCA282143 Amount Assessed: $5 1, 21.29 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an .Administrative Hearing,and Stipulation o Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining nece_ssa� remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON FILE NO. DV 05-001 IN THE MATTER OF } KENNETH McLAMB ) } } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Kenneth McLamb owns C & D Farm, a swine operation located along Highway 701 in Sampson County. B. Kenneth McLamb was issued Certificate of Coverage NCA282143 under General Permit NCA200000 for C & D Fann on April 28, 2003, effective April 28, 2003, with an expiration date of July 1, 2007. This permit does not allow the discharge of waste to waters of the State. C. On December 15, 2004, DWQ staff observed a discharge of wastewater at C & D Farm from a spray field to an unnamed tributary of Greater Coharie Creek, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Kenneth McLamb had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $1,121.29. H. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. Kenneth McLamb is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The unnamed tributary to Greater Coharie Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Kenneth McLamb may be assessed civil penalties in this matter pursuant to G.S 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against Kenneth McLamb pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 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: DECISION: Accordingly, Kenneth McLamb is hereby assessed a civil penalty of: $ 2 0 D. 9 for making an outlet to the waters of the State without a permit as required by G_S. 143-215.1. $ D TOTAL CIVIL PENALTY $ 1,121.29 Enforcement costs TOTAL AMOUNT DUE C\ ' 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; (8) The cost to the State of the enforcement procedures. (bate) adore L Bush Jr., Section Chi Aquifer Protection Section Division of Water Quality is WA TF9p Michael F. Easley, Governor �QF Ci William Ross Jr.. Secretary `Q G. North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 12, 2005 Mr. Kenneth McLamb 259 Pig Cradle Lane Clinton, NC 28328 RE: Remission Request C&DFarm Farm # 82-143 Sampson County File # DV 05-001 Dear Mr. McLamb: RECEIVED APR 13 2005 DEAR - FAWffEYM F EMW OFFICE This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on June 1, 2005 and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 715-6629. Sincerely, C�a� Zft" Steve Lewis Animal Feeding Operations Unit cc: Art Barnhardt, Fayetteville Regional Supervisor w/attachment Mazk;Brantley,�FRO w/attachment APS Central Files File # DV 05-001 w/ 3 attachments tCaro ina ura)lf Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: huP://h2o.enr.state.nc.us 2729 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0589 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer — 50% R.ecycled/10% Post Consumer Paper w STATE OF NORTH CAROLINA COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST KENNETH McLAMB ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 05-001 Having been assessed civil penalties totaling S5,121.29 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 11, 2005„ . the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the 6 4 day of 4ed , 204377 SIGNA ADDRESS s9 A• , _ ate. G. AS3.-8 TELEPHONE 910 - I - -/0 7�6 - r Justification For Remission Request Kenneth McLamb DV 05-001 Permit No. NCA 282143 Sampson County Mr. Steve Lewis, Thank you for the opportunity to review my case with this remission request set forth by the state of N.C. I will try to explain how the discharge of wastewater happened and how I will prevent this from happening again in the future. I have not been actively involved with the daily management or any income from my farm for seven years due to the finances which forced me to work at a public job away from the farm. My brother has primarily managed my farm along with three other farms during this period_ All four farms have a very tight budget in every aspect of the contract finishing business. The farms continue to pay on a mortgage which requires approximately sixty percent of the income generated to satisfy the debt service required_ I have assisted on weekends and personal time off from time to time to help with repair, maintenance, and waste management. I would like to address sections b. and c. of the request form with you and discuss the possibility of a remission concerning the two sections. In section b. on December 15, 2004 I received a phone call about a discharge at my farm at approximately 4:00 pm. I immediately dispatched to the scene and with the direction of the DWQ inspector blocked the nun off of wastewater on my property and started pumping the wastewater back to the primary lagoon. We continued this process until the inspector agreed the wastewater was captured. We have since replaced the faulty irrigation gun that had caused the accident. In section c. the irrigation gun was hung in one position and not revolving 360 degrees as intended. This resulted in the accident of wastewater flowing into the creek that runs with my property. The farm has irrigated for several years with this gun and the wear and tear of the unit caused this gun to stick in this position on that day. The farm has since replaced, and repaired this gun for future use. Other steps to prevent another occurrence are hiring extra personnel to assists and monitor the irrigation process at a more intense level. We have purchase and repaired new equipment to efficiently remove waste water from the farm. I also continue to help irrigate on time off from my public work. I have spoken with my brother about the purchase of a neighboring farm we own together in order for me to come back to my farm and perform the daily tasks that are needed to smoothly nun a livestock operation. Again I thank you for reviewing this request and hopefully reducing the extra financial burden within the scope of this review. Please feel free to call my cell phone at 910-990- 4766 with any questions that I may answer regarding the letter. Kenneth McLamb t £ 0 W8 ddv So 259 Pig Cradle Lane Clinton, N.C. 28328 �35 NO!!_03I7i3� c33JMI)'1 In JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV 05-001 County: Sampson Assessed Party: Kenneth McLamb Permit No. (if applicable): NCA282143 Amount Assessed: $5,121.29 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C_G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ✓ (b) the violator promptly abated continuingenvironmental ironmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); cu �! (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty ill prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): t IRRIGATION, SERVICE & EQUIPMENT WELDING ( } Allen`s Irrigation & Welding Incorporated ! CLINTON. NORTH CAROLINA 28328 815 N.E. BLVD. PHONE 910-592-3719 FAX 910-592-3432 Net 15 Days 11 % per month will be charged on balances over 30 days past due - A minimun of .50 will be added to past due account - An Annual Interest Rate of 18% All claims and returned goods MUST be accompanied by this bill. Redd by i 1V W IRRIGATION, SERVICE & EOUIPMEr WELDING-/ .Allen's 9 Irrigation & Welding Incorp or_ated 9 CLINTON, NORTH CAROLINA 28328 815 N.E. Br -VD- PHONE 910-592-3719 FAX 910-592-3432 Net 15 Days I5i% per month will be charged on balances over 30 days past due - A minimun of .50 will be added to past due account - An Annual Interest Rate of 18% AEI clalms and returned goods — MUST be accompanied by this bill. Reed by y�7 04/17/2005 20:15 FAX 910 592 6328 SOUTEMN- ITAGE Rol Southern Heritage 2tealty, Inc. 4 09-A Warsaw 2Zoad P. 0, Box 244 Clintor4 NC 28328 Phone: 9.10-592-5300 Fax: gio .592-6328 Date: To: FAX Covr. SHTTT T 1 I GL f f` „o-f"�t /b W -Tax Number: prom: 9(0-*96-0707 Total.Number of Pages: 3 I411eCudirW Cover Page. Note: ___--_��------ -- r�`rc�`el�-+ _ T c eLA If you do not receive adof these pages, yfease respondas soon aspossible. r- 04/17/2005 20:15 FAX 910 592 6328 SounmRNHERITAGE 002 / IRRITATION, BERwce a EouPM.� W=00 n, Alien's Irrlg ation & WeldlnInco� ora ed i CUNTON. NORuTH CARONA� a - r' 615 N.E. BLVD.' PHONE 91a5A2,m§ FAx B1o4m-3492Not 15 1 %% per rronlh will be cMrg d on balm cee Trot 30� pad due - A mlrt ff= at SG od be 1 I I f L in 1 All CW= end reUned goo* ¢ = F MUST be amend by file bM Redd by -� I k 04/17/2006 20:15 PAX 910 692 0328 S L79ERNnRITAGS wuaw AI1en's ridgation & Welding Incorporated f CL Kr()+. HOKM CAPOAM ZOM, 1 815 ME MLVD. PHONE M-59WI i 9 FAX ata 5.02-8432 . - : �•�' � �� :` � �� . 1%% per ormd we be cMWd an bald w a+lAtr'o pelt Ais - A tmtnhnran of JO wb bey_~ added b p m de f�>S - An M nM htfeee� PLms d 1476 - r MOW1ti0RA4lf G�91M GA[r */Ibri' i 1 1 1 f a I I L l9 i AQ daba wO ranee Coact - Mii3T rscdd I � _ A. r Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (910) 864-19201864-8774 fax CHAIN OF CUSTODY RECORD PAGE I_ OF _I _ 0 W Q /lw ^i4�( �ron>yrj� �2.73 fie.., sA. fa L IrOX 0 ffi17w' PROJECT I N: 1: •n.n /Ne�a..r @OF 9 0 T T L E S TYPE OF ANALYSIS PRESERVATION CODE Q v CODE: A s WC ONLY . B = HNO3 (ph<2) + <41C C - H2SO4 (ph<2) + <4-C D = NWH + <4-C E= ZN Ao t e+ c4-C F = SOdlum TWO. CONTACT PERSON: /pia./( ,Q �u PHONE: 9/0- 4 -7 / e-el- 1730 SAMPLER: /lla.lt Q�4.,�N DATE I METHOD OF SHIPMENT: LAS ID a7 SAMPLE TYPE DATE11! COMP GRAE pH Da TEMP'C -tog f V 3 COA iG o ✓ A4 f L /.7-/4o ✓ F Seth`Ina 10 :O CfAhF Rst nquls ed by: Dab by: ( Ip re 2 Dab .it Relinquished y: Me TIMC Received by: (Signature)me 3 4 nqu •Received gnsture sb Hol nqu s s y: b Receivedynaturs 7 8 Comments or 3peclal Hazards: Field pH: k y 3 C ,�—• ��.' - ---'#.,is-. r. "fir--i -.mac.. - � -__ '° � - -yq TA r ys _ _ � pie` �• _ •�. - . Y ' _ �,,. .�... fi-JI - T-N' ia..� AIL - - Aft'.may''+. �:-� i #' 4 = w _ ~.' • 71 -• �= cam'= -s �� `.s'; s -NoW•' r� - Pictures taken on the morning of 12-16-04. (Above) Wastewater observed in the unnamed tributary of the Great Coharie Creek. (Below) The wastewater moved through natural waterways just behind the tree line on the left. The distance traveled was approximately 375 yards from the source to the corner of the field and an additional 175 yards (approximately) from the corner of the field to the unnamed tributary of the Great Coharie Creek. Michael F. Easley, Governor O�O4 W A o 'aw -c December 28, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kenneth McLamb 382 Pig Cradle Lane Clinton, North Carolina 28328 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: NOTICE OF VIOLATION/NOTICE OF INTENT NCGS 143-215 et seq. & Section 402 of the Clean Water Act C&DFarm Facility No. 82-143 Sampson County Permit No. 200000 Dear Mr. McLamb, Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Discharge of animal waste to surface waters and/or wetlands as prohibited by your facility's permit. (Permit No. 200000 Section I Condition 1) On 12-15-04, wastewater was observed exiting your spray field. On the morning of 12-16-04, the waste was observed in an unnamed tributary of the Greater Coharie Creek. Required Corrective Action for Violation 1: If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take all necessary steps to ensure this violation does not reoccur. Violation 2: Failure to apply waste in accordance with the facility's certified animal waste plan. (Permit No. 200000 Section II Condition 4) Field observations and evidence collected during our visits to the site indicate the irrigation gun likely remained stationary for an extended unknown amount of time which was the primary cause of the discharge of waste that occurred. Required Corrective Action for Violation 2: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to the violation described above and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste Management Plan and/or adjustment, maintenance and calibration of the spray irrigation equipment. Flo Carolina .4 �%�IICQ,✓a!f North Carolina Division of Water Quality/Aquifer Protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone (910) 486-1541 FAX (910) 486-0707 Internet h2o.enr.state.nc.Us Customer Service 1-877-623-6748 Mr. McLamb Page 2 December 28, 2004 Violation 3: Failure to inspect spray fields as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. (Permit No. 200000 Section II Condition 15) Judging from the land erosion at the discharge site, the volume of wastewater outside of the spray field, and the distance the wastewater traveled, it is obvious that the spray field was not inspected every 120 minutes as required by your NPDES permit. Required Corrective Action for Violation 3: Please inspect spray fields as often as necessary to prevent waste runoff and ponding of waste, but in no case should the inspection interval exceed 120 minutes. Violation 4: Failure to report inadequate storage capacity in a lagoonlstorage pond according to Condition V. 3. of this Permit. (Permit No. 200000 Section 111 Condition 11 e) On the afternoon of December 15, 2004 the lagoon level was observed to be at 18 inches. Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-hour notification. Required Corrective Action for Violation 4: Please report inadequate freeboard by telephone to the appropriate Division Regional Office as soon as possible but in no case more than twenty-four hours following first knowledge for future occurrences. Violation 5: Failure to maintain waste levels in your lagoonlstorage ponds in accordance with the facilities Certified Animal Waste Management flan. (Permit No. 200000 Section V Condition 3) On December 15, 2004 a waste structure liquid level was documented at 18 inches of freeboard at the facility's only lagoon. A level of 19 inches is the maximum level allowed by your permit. Required Corrective Action for Violation 5: Please follow the proposed actions outlined in your Plan of Action dated 12-17-04 and received in the Fayetteville Regional Office on 12-17-04. Take all necessary additional steps to insure lagoon levels remain in compliance with Section V3 of your permit. Violation 6: Failure to file a written report to the appropriate Division Regional Office within five calendar days following first knowledge of the discharge of waste to surface waters. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. (Permit No. 200000 Section 111 Condition 11) Your permit specifically requires follow-up reporting after a discharge of waste within 5 days. No report was received. Mr. McLamb Page 3 December 28, 2004 Required Corrective Action for Violation 6: You are still required to file this report. Failing to do so is a continuing violation. Please file a written report with the appropriate Division Regional Office immediately for the December 15, 2004 discharge and within 5 working of first knowledge of any future discharge should that occur. According to your NPDES permit, the Division of Water Quality requests that in addition to the specified corrective actions above, you please submit the following items on or before January 14, 2005: 1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from January 1, 2004 to the present along with a copy of your CAWMP. 2. Please have the OIC for this farm include a detailed explanation as to how this violation occurred including how much wastewater was lost and how much was recovered. 3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 4. Please include the calibration sheet where your irrigation guns where calibrated this year. 5. Please send a copy of the press release that was sent to the local news media. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation_ If you do not believe enforcement is appropriate for this violation, please include a detailed, written justification of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office should receive our response on or before January 14, 2005. Information submitted to this office will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley, environmental specialist, or myself at (910) 486-1541. Sincerely, i :ter' Step A. Sa ardt Regional Aquifer Protection Supervisor SS/kmb cc: Keith Larick - Compliance Group Trent Allen — SWC, FRO Central Files — Raleigh Sampson County -MRCS I 43 v _r u c F � � s r ti d N Microbac Laboratories, Inc. Page I oft FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC 911 (910) 864-1920 FAX (910) 864-8774 NC 437714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://v.mw.rnicrobac.com E-Mail: rsanders@tnicrobac.com CHEMISTRY • MICROBIOLOGY . FOOD SAFETY • CONSUMER PRODUCTS WATER - AIR . WASTES . FOOD - PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS NC DENR - DWQ Mr. Paul Rawls 225 Green Street Suite #714 Fayetteville, NC 28301 Permit No. . Sampler. M.Brantley Subject: Eff/Stream - Jimmy McLamb Farm SMP Test Method P ;A 7 4 JAB! 18 2i9 5 Result Date Reported: Date Received: Order Number: Invoice No-: Customer #: Sample Date: Sample Time: Date 12/31 /2004 12/16/2004 0412-00230 37728 N003 12/ 1612004 0:00 Time Tech BOD 5-day EPA 405.1 10.4 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 6000 cfu/100 ml 12/16/2004 16:00 HA NITROGEN, AMMONIA EPA 350.2 10.79 mg/L 12/17/2004 10:00 KTB r004 � /4+��.hp"u,�':�47.-'"' ,sue_ r ti., ' _-� "�°'. - -t ^--T'•s..a.... �."- i _,' - xs-n^� t x^�'� t:., .a P f� .,.. :»-..� x--•_. __ "' - -- � . .� s -:rr ..__�s .z.:,.�,r�'r .._.,.��..�_ _�-=�.wn�...-F'i�. ^ .. �.. �c,.� -S: Ya_-;�Zs.. �.--�--.�_is==+--� " ___... _ :.J.r....._s.:s_ �.., _.s �...� - .r BOD 5-day EPA 405.1 52.3 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 39000 cfu/100 ml 12/16/2004 16:00 H33 NITROGEN, AMMONIA EPA 350.2 53.23 mg/L 12/17/2004 10:00 KTB Upstieaam (fj wn#iuence) sam !e r: r .dL`.� �4 sG ' _ - BOD 5-day COLIFORM, FECAL NITROGEN, AMMONIA EPA 405.1 SM18 9222D EPA 350.2 2.51 mg/L 12/16/2004 17:00 DCR 21 cfu/100 ml 12/16/2004 16:00 H33 0.70 mg/L 12/17/2004 10:00 KTB 004 ' MEd nt San --»s...�....11�...o-..,..�...a...._..� .:� & "k. �y.x.:.,.y,.7.M�,. n. �.v�..zn,;.:�-_-5.::�'..... .__._.. �... ;',=,....x::e,+. s.. .I-..:�s^>._:�1. ��-..!?.: :.5...... .. �"_ __._:.:_,. ...fir �.P-=•�.:_�-: BOD 5-day EPA 405.1 87.5 mg/L 12/16/2004 17:00 DCR COLIFORM, FECAL SM18 9222D 6000 cfu/100 ml 12/16/2004 16:00 H33 NITROGEN, AMMONIA EPA 350.2 80.96 mg/L 12/17/2004 10:00 KTB DOD 5-day EPA 405.1 48.0 mg/L 12/16/2004 COLIFORM, FECAL SM18 9222D 360000 cfu/100 ml 12/16/20G4 NITROGEN, AMMONIA EPA 350.2 377.63 mg/L 12/17/2004 LAB CODES: NID = None Detected NIF = None Found < = Less than > = Greater than Est. = Estimated 17:00 DCR 16:00 H33 10:00 KTB The data and information on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon condition that it is not to be reproduced wholly or in part for advertising or Dther purposes without approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological.analyses and Research MEMBER f ® Microbac Laboratories, Inc. Page 2 of 2 FAYETTEVILLE DIVISION STATE CERT ID. 2592 HOPE MILLS ROAD FAYETTEVILLE, NC 28306 NC #11 (910) 864-1920 FAX (910) 864-8774 NC 937714 R. W. SANDERS, VICE PRESIDENT USDA #3787 http://-,vw-w.microbac-com E-Mail: rsanders@microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER - AIR - WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS NC DENR - DWQ Date Reported: 12/31/2004 Mr. Paul Rawls Date Received: 12/16/2004 225 Green Street Order Number: 0412-00230 Suite #714 Invoice No.: 37728 Fayetteville, NC 28301 Customer #: N003 Sample Date: 12/16/2004 Permit No. Sample Time: 0:00 Sampler: M.Brantley Subject: Eff/Stream - Jimmy McLamb Farm SMP Test Method Result Date Time Tech RESPECTFULLY SUBMITTED: r 7,4!CP,bBAC LABORATORIES, INC. LAB CODES: N/D — None Detected N/F = None Found < = Less than > = Greater than k si. = Estimated The data and information on this, and other accompanying documents, represent only the sample(s) analyzed and is rendered upon condition MEMBER that it is not to be reproduced whales or in part for advertising or other purposes without approval from the tabomtory. i USDA-EPA-NIOSH Testing food sanitation Consulting Chemical and Microbiological Analyses and Research ■�=i Ie . Sr.q.<...- SS,`":'!r: ,•fi r, .*';';`�:� r f ��n _ b C C'1'. U 4� w, Fayetteville Division 2592 Hope i��i; � Road ,:f;.: (,31ti} ts. >-1 2018t;4-i37r� fax Feu' CHAIN OF CUSTODY RECORD ` PAGE I OF —1 CUENTNAME d s: Owq ,• R M4,If Gorr /�y ?33 6--ee., SA. Sa.•fe 'Ily Fa G POO PR0.1 CTILOCATIC)N: ?: /Hc�a,q(� /OF a 0 T T L E a TYPE OF ANALYSIS PRESERVATION CODE Q 0 � _ti, CODE: A=<4'CONLY B = HNO3 (ph<2) + <4•C= C = H2SO4 (ph<2) + <4°C D = NaOH + <4°C E o ZN Acetate + <4°C F = Sodium Thlo, CONTACT PERSON: PHONE: /� 9/0- Zyft,]� / .� O SAMPLER. DATE f METHOD OF SHIPMENT: L.A13 ID * SAMPLE TYPE DATE TIME coma GRAN PHD.a TEINP •C S 1.3 � � •I� >, � � : as G ✓ I4' F C � (✓DSO Seth 4 ID: Oa I �A-~ �340omments or Spedal Hazards: a{ nqu a r by: .✓L Dab J.a-rr; 1 Tim , ; 3 c by: ( Ip r* �-� 2 Dab la f� Gj 33 :rrw a qu aGa alum b 3 4 Kellnqwl*,"aoa na ra ate 51 B war, =e a a Field pH: Type of Visit O Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance Reason for Visit O Routine ® Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access f� �a�acil by Number 82 143 Date of Visit: 12-15 2004 Time: 4:15 pm Q ,Not Operational O Below Threshold ® Permitted E3Certified ®Conditionally Certified D Registered Date Last Operated or fibovc'I'hreshold: ..............:.......... Farmgame: CA.I?.FAral,............................................................................... Owner Name: KetAgletbl........... ..................lC[aaAltlXl Alailing Address:8Z..1'.ig.CjMdIe.Lne........................................... Faci 6ly Contact:.............................................................................. Title: Onsite Representative: ................................................................................ County. S.atol PNO'n......-•..................._.......-----.. FRO ............. Phone No: 9.10-S9Z-1516 ........................................................... Unt.m..NC............................................................ M28............. Phone No: lntegralor: ......................................... Certified Operator:I]mmix.I)...............................C.IL.#potb.-..--.................................. Operator Certification \umber: 1909.1............................. Location of Harm: miles S. of Clinton on Hwy. 701 on right T ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 5Z 48 Longitude 78 • 20 31 Design Current Swine Ca-ac Po ulatior ❑ Wean to Feeder ® Feeder to Finish 2950 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Discharges & Stream I, mVdcts 1. Is any discharge observed from any part of -the operation'? ® Yes []No Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed. was the conveyance man-made'? ❑ Yes ® No b- If discharge is observed. did it reach Water of the State'? (lf yes. notify DWQ) ®Yes ❑ No c. It discharge is observed, what is the estimated flo%v in Foal/min? 80+ d. Does discharge hypass a lagoon system? (lfyes. notit}" DWQ) ® Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No Waste Collection & TreatMeut 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 Structure ? Structure 3 Structure 4 Structure 5-1 Structure 6 Identifier: Freeboard (inches): •--• ...---...1.-$':.............. ...................... ..................... .......... ................ ................................... 12/12/03 Continued Facility Number: 82-143 Dale of Inspeelion 12-15-2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes ❑ 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 ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? %Paste ARPlication 10. Are there any buffers that need maintenance/improvement? 1. Is there evidence of over application'? If yes, check the appropriate box below. .[]Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000 12_ Crop type ❑ Yes ❑ Yes ❑ Yes ❑ No ❑ No [-]No 13_ Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination'? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment`? ❑ Yes ❑ No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge Wor below ❑ 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 ❑ No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 20. At the time of The inspection did the facility pose an odor or air quality concern'? If yes, contact a regional ❑ Yes ❑ No Air Quality representative immediately. r Comrrients (refer to question #) ExpWn any;l'ES answers andfor any recommendadans or any other rom�tients x Use drawrngs of facthty to better explarn situations (use additional pages as necessary) ®field Copy El Final Notes tY. DWQ inspector visted farm as a result of information given to the department about runoff of waste from the spray field into surrounding woods. When inspector arrived no one was present on the farm. (Inspector had spoken with a farm rep. over the phone.) Mr. Mclamb 'ved on farm 5 min after inspector. Upon inspection of the irrgation gun it was noted that the spray head was not turning as designed. The gun was set up on a downward slobe with the gun nozzle aimed at the tree line. Wastewater was observed spraying toward the trees. Some of the wastewater was landing on the edge of the spray field and running off while the rest was landing at or behind the treeline. Mr. Mclamb shut down the irrgation system. Inspector #bllowed runoff trail to the wooded area next to the spray field and then followed waste for about 300 yards. Waste was pooling and running through ditches and low lying areas towards an unnamed tributary of the Greater Coharrie Creek. Daylight was fading and inspector could not follow waste further into the woods. Mr. Mclamb tried calling everal heavy equipment opeators to come out to his farm and dig a series of catch basins and dams. No one was available to come that evening. Mr. Mclamb was also unsure at that time as to how long the irrgation gun had been spraying. Lagoon was noted as being in the storm storage. Inspector asked Mr. Mclamb to do what he could to contain and recover as much of the spill as possible. Told Mr. Mclamb that inspectors would return on the morning of 12-16-04 for a more detailed inspection of the discharge site. Reviewer/Inspector ]lame Mark Brantley - _ _ Y Reviewer/inspector Signature: /11a,,� t� — Date: IV 'fir: a y I Type of Visit ® Compliance Inspection O Operation Review O Structure Evaluation O Technical Assistance Reason for Visit O Routine O Complaint O Follow up Q Referral Q Emergency O Other ❑ Denied Access Facility Number 82 143 Date or Visit: 12116lZ004 Time: 9:20am O Not Operational O Below Threshold ® Permitted ❑ Certified ® Conditionally Certified E3Registered Dyne Last Operated or Above Threshold: ............ Farm Name: C.&D FArm..................... County: Sampson .............. Owner Name: Kenneth ................................. J.CLaxnh--.--..----............----........--.-----.------.. Phone No: 910-59Z-15.16_... Mailing Address: 3A2-.fag.ClrRsi1e..[4=................................. Facility Contact: .............................. Onsi€e Representative: ..Title: .... CAinit en...NC.............................................. Phone No: ......... I ntegrato r:1�l,ulr�thlY.�Q.rinl.. l R.O............. 213328.. Certified Operator:, JjwaW.D................. . KcLamb..................................... .... Operator Certification Number: 1909.1..... Location of Farm: 9 miles S. of Clinton on Hwy. 701 on right ®Swine []Poultry ❑ Cattle ❑ Horse Latitude 34 • 52 48 Longitude 78 • 20 31 Design Cur Swine . ; Ca,' achy` Po:.0 ❑ Wean to Feeder ® Feeder to Finish 2950 " ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish Gilts ❑ Boars Number of Lagoons nilnlrl�nu Pnndc / Cnlaril'iranc Design Current Design _ : Current Poultry.. Capacity Population Cattle Ca aci � Population, ❑ Layer I ❑ Dairy ❑ Non -Layer 1E] Non -Dairy ❑ Other Total Design Capacity 2,950 Total SSLW 398,250 Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ® Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State'? (If yes, notify- DWQ.) c. Ifdischargc is observed, what is the estimated flog' in gal/min° d. Does discharge bypass a lagax-)n system? (if yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation'? ® Yes ❑ No ❑ Yes ® No ® Yes ❑ No 80+ ® 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 Waste Collectiun & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structtre I Structure 2 Structure ; Structure 4 SMICtin'e -SStructure 6 Identifier: J................. Freeboard(inches) . ..............fall..---.---.---.............................................---..-................................................ ..........-.-...................... 1211210-4 Continued Facility Number: t32—E43 Date of impection 12/16/2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes ❑ 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 ❑ 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? Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No IL Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes ❑ No [:]Excessive Ponding ❑ PAN []Hydraulic Overload ❑ Frozen Ground []Copper and/or Zinc > 3000 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. is there a lack of adequate waste application equipment? ❑ Yes ❑ No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation'? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ❑ No Air Quality representative immediately. Co ikfiints (refer.to question #) Explain any YES�answers and/or any. recommendation or.any.other comments. }� Ilse d�arwngs_of facthty to better explain situations (use additional pages as necessary) f ®Field Copy ❑Final Notes f !.. 1., l a8t r:::.';. a .S,':,. r`ti ri,} g';•Mf M'��G 'i ^v. ,?n % On 12/16/04 field staff from the FRO continued an investigation of a complaint of runoff from this farm. The investigation started on he evening of the I6th but darkness had prevented a full exploration of the incident. Upon staff observing the area it was obvious waste ad moved from a stationary gun location downslope into a wooded bottom. The waste then followed the contour of the land, paralleling the field for an approximate 375 yards. It then continued through the woods where it's flow joined that of a branch and exited the property approximately some 125 yards in the woods. This branch is a UT of the Greater Coharie Creek located an estimated quarter mile away. Mr- Mclamb was instucted to stop the flow of the waste and to do all measures possible to recover as much waste as possible.This would require the waste to be moved back into his waste treatment system or onto a permitted irrigation site. Inspectors reviewed Mr. cLambs' lagoon records because of it being in the storm storage and explained the need for a POA. The permit expectations of the ermittee following a discharge to Waters of the State where also explained to Mr. McLamb. Samples were taken along with photographs. Follow up visits to downstream locations were conducted. E wer/inspector Name Larry C. Baxley Mark Brantleywerliospector Signature: Date: Count Sampson caner=: rKenneth `Facilify'Nuniberr€ 82 i43 :Swine arm Narme': C&D Farm cLamb F COrreS�OJ1Cie11QB % IS 1 Reason for Exempbon 2H .0200 Certification Letter Date Type of Letter. - ..Additional Comments ` - -091i8l98 Notice of Deficiency t . -.Vileed'� roblehi�iitiri 6wth,of berrnuda i ' field°�#3 p tR ; 0 CAWMP ciapy=available ` 4 MRI ME' Enforcement Hist_ Case Number Central.Office Log In Date Penalty Assessed Penalty Amount Amount Paid Case Closed Date .�.� Ma" '�'f. i. .i.4.• r"r.; Y. ��d't-. 1_ 1:.'(' n. _ .4 wti. ti �`� ,�1� rn S. �' ;e. •�` �'- a '4, �5'. s +: �� .;Yri y..: �r `'�.s�,. r�k d- �5:±'�ifin._e; 1 5� f•.�� - '{._) ,1.:L {. .,Ski .r4 �,y .Y..: ] ;3 } r 9y b rw i 1„ .r•y�,' S . k � � r.. •-#, gb..i. r„� £ 1 x.. ..5* :. ly..�i? T- 4-. 1.. .�A c Z �'�,i ,x, y,+t' ��. 4. pc.. >ite Visitation -Histoty.e ,Visiitation Date. Agency .., , DSW,C;�D04 QVVQy004 Type-ofVisit Visitation ' Date A enc - 200,' Type,of Visit 09MI04 2f�312004 ': 12115104 'Division Division of.Water Quality Di•,rision of Sail c r-16 rJ :3 P.r of Water Quality Compliance Inspection. ? Operation Reviev. Compliance inspection A 0211410/ 0iyision oUS�S il`an'd Water Division of Water Quality OperatI6 Review Co�npiiat�ce Inspection � Visitation Date Agency DSWCx2,d,3 DWQx2Q`03`. Type of Visit Visitation Date Agency" 2040 -Type of -Visit 101221Q3 -: Division of Water t ua!"t ' : y , .,: C©rn liarice.iris ectinn, ,� 04145103 Division of Soil and Water Operation Review =-t 4513110� Qivrs�on o#:Boll and vV i _ . ., ater :.- Division of Water Quality ' Operation Review „ Compliance inspection t V 4 A, X Up -Stream C&D Farm 41 U, Confluence Down -Stream Mid -Point X .R -f! Source 4, v 4. M .0 I 'N .. ....... IN tp ZiM 'l Yf t,-% 0 0 021-R, -W0, I ZA �—TMv, V 4 Tw Ni Up- "I ski r--A r R. N n4. 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Jar vF �.r L...� ��YS- yr• `��`��i' ,1. =-: hfj_'i �,t r T+Yr 1 S "A tion"'. 1 A f 6 effi" a en6rhiTaeflit qrvi Y� CAlintV Sampson Owner lKenneth IMcLamb Manager �Iimmy McLamb Address 382 Pig Cradle Lane Clinton NC 128328 Certified Farm Name I C&D Farm Phone Number 1910-592-1516 Manager Phone 1910-592-1516 Lessee I enneth Mc an, 0 ARO 0 MRO 0 WARO 0 WSRO Location tw FRO k-j RRO ki right; . . . ... miles S.of Clinton on,Hwy.,701.on right-, Certified Operator in Charge I Timmy D Backup Certified Operator Comments Integrator change 2/26/2004**KDL cLamb . . . . . . . . . . . . . pqn'.. ose :ln'A"div,e o[Jeratio Date inactivated or closed Type of Operation H Swine 0 Poultry OCattle E3Sheep OHorses E3Goats [3None Design Capacity Wet Poultry -Layer M. aW-A 6 i F i n i i I MM 0 N6n-Layer I dFRio.-T URI ------ XR thish AO- R y ` :4 --0- -- � z&- Dry Poultr IN- Farrovvlo,-Weln��-' eede Layers ❑-F;ki7rqWjtd4F 61 S [� Farrow13N'on�Layers ❑ n ullets P" f, MIR 7- 1 --7 Or ke Q.Tur ys MOIL 'Turkey Poul 1 0-01 N ------ Other. 1-1 771 7" SvVine '. ®R I Total 2,9 -5 0 Feeder to Finish SSLW 398,2-E-O:::] V `Numtier,,of Lagoo�is'/,HoldEng Ponds`Lagdon Total."Capacity ft�: 505,815 113 Subsurface Drains. Present 0 Lagoon' Area '❑ Spray Field Area', NoL''�quiil,Waste'Managemerit;System: ,� `' .• �'• C&D Farm Latitude 34.8800 �'r z 3_jr5248 Murphy Brown Longitude 78.3419 Y �`Stadlai'"e Neegde�..c�res `techflwal Spectalis� �nt`egl-a#orb 1/1/1981 29.55 s C Wilson Spencer Murphy Brown ❑ Request to be removed Q Removal Confirmation Recieved Comments L Regional D WQ Staff Dry Litter Description Basin Dame: 16/1993 13/2/1998 I 80 Irrigation System Higher Yields Vegetation Acreage Other 01/06/2005 11:04 5921517 PIG CRADLES PAGE 01 RECEIVED JAN 0 6 2005 DENR - FA' c7: EVI+ L E AEGIONAL QFACE WaLANB CORP. lies S.1Pi DLW. CLINTON, H.C. :6323 910-592-1516 TELECOPY MES=8 Date: d s Time: FOR: Telecopter Number; A2. TelecopiQr Number:919-592-1517 Phone Number:919=592-1516 NUMBER OF PAGES INCLUDING COVER: COMMENTS z005 11:04 5921517 PIG CRADLES PAGE 02 .:s W A r� Michael F. Easley, Governor �O �Q William G. Ross Jr., Secretary G North Carolina Department of Environment and [natural Resources VJ`Q Alan W. Klimek, P. F. Director 7. y Ditiision of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality September 17, 2003 MEMORANDUM TO: Jeff Poupart Non -Discharge Compliance THRU: Art Barnhardt Aquifer Protection Regional Supervisor Fayetteville Regional Office FROM: Mark Brantley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package C & D Farm Facility No. 82-143 Sampson County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. if you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX! 910-486-07071 Internet: www,enr.state _nc.ttsiF NR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper