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045005_CORRESPONDENCE_20171231
CORRESPONDENCE -� NORTH CAROUM 2 '1 f State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 17, 2000 Keith Edwards Route 2, Box 118 Polkton NC 28135-9629 NCDENR NORTH CAROLINA DEPARTMENT OP ENVIRONMENT AND NATURAL RESOURCES Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Keith Edwards Farm Facility Number 4-5005 Anson County Dear Keith Edwards; During the 1999 session, the North Carolina General Assembly passed a law directing the North Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and ranking of all inactive lagoons and storage ponds -in the State. In order to meet this directive, a representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your property. Inactive lagoons and storage ponds were defined by the Statute as structures which were previously used to store animal waste but have not received waste for at least one year. The information collected on your property is contained in the attached field data sheets. Using this field data, staff ranked your inactive waste structures as high, medium or low according to its potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as follows - Structure Number Surface Area (Acres} Rankin 1 0.3 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons and storage ponds according to current or alternative standards. 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone (410) 486-1541 Fax (410) 486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper r Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or structure must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure operation and maintenance, and other related animal waste management standards and/or requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 486-1541. Sincerely, U- '. ,Paul Rawls Water Quality Regional Supervisor cc: Anson County Soil and Water Conservation District Office Facility File Facility,Number 04 — 5005 Lagoon Number Q1......... Lagoon Identifier In. tju .lagwn..R.1........................ 0 Active 0 Inactive Latitude 35 09 51 Waste Last Added:,;.1,-2Q67.................................... Longitude 80 15 33 Determined by: ® Owner ❑ Estimated Surface Area (acres): Q,,.p,.,,,.. Embankment Height (feet): a..,.. By GPS or Map? 10 GPS ❑ Map CPS file number: js032815a Distance to Stream: 0 <250 feet 0 250 feet - 1000 feet 0 >1000 feet By measurement or Map? ❑ Field Measurement ®Map Down gradient well within 250 feet? O Yes *No Intervening Stream? O Yes 0 No Distance to WS or HQW (miles): 0 < 5 0 5 - 10 0 > 10 Overtopping from Outside Waters? O Yes # No O Unknown Spillway O Yes O No Adequate Marker ()Yes O No Freeboard & Storm Storage Requirement (inches): Inspection date 3-28-2000 appearance of 0 Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear O Lagoon Empty Freeboard (inches): 60 embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. O Construction Specification Unknown But Dam Appears in Good Condition O Constructed and Maintained to Current NRCS Standards outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design 0 No Drainage Area or Diversions Well Maintained liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability O Meets NRCS Liner Requirements Ication equipment fail to make contact and/or Sprayfield 0 Yes 0 No 0 Unknown with representative O Yes pp No unavailable comments 14- 1 have concern about liner as Mr. Edwards said that he had not pumped the lagoon. Will close when can get 100% reimbursement. �ti = '4'� � a 7 -� — � � ,�DiviSiOn of Water (►u81it S - � '`'^ " "� ' �'� � � s 5 -'� z�, f.� � t�.r'�f ,s ,�Y $kT��'+ nR» n �. _.,��,r' it,.•. I�>D1Vision ofpSuil;and�Wa"ter Conservation z �':�. $�"a, +S 'r y*x: " 'M' ��, :�" ��ati � =yi�'. t Type of Visit Q Compliance Inspection Q Operation Review .O Lagoon Evaluation Reason for Visit Q Routine Q Complaint © Follow up Q Emergency Notification O Other Q Denied Access Facility Number Oq SOOS Permitted [3 Certified 0 Conditionally Certified p Registered Date of Visit 3-28-2000 140 Not Operational Q Below Threshold Date Last Operated or Above Threshold: 3.1407....... Farm Name: KlZAttt Edti ar:dsForm ................................................................................. County: Ansant.............................. ................... FRO............ Owner Name: Xtitttt....................................... Edwards .................................................... Phone No: J7.Q41.02i6-,aX42........................................................ FacilityContact: ...............................................................................Title:.,......................................------....-----........ Phone No:.................................................... Mailing Address: RRutte.Z..�s►�c.�],�................................................................................. 1'a1�ts�xt...N............................................................ 2�135:t 629.. OnsiteRepresentative; .... ................. ............. ............ .................................................... Integrator:---......................................................... Location of Farm: 0H. S R.164 Q.......... ............................................................................................... ........... ................... I ........................I.............................................................................. H�SM e'; []Poultry Cattle ❑ Horse" Design Current Design Current Design -Current Swine' capacity Population Poultry Capacity.Po' elation.... Cattle,"; Clilpiteity Population ® Wean to Feeder 600 0 ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer ❑Dairy ❑ Non -Layer ❑Non -Dairy ❑ Other . ' T6ta! Resign Capacity, 600 Total SSLW,� 18,000 F'sNumber of Lagoons 1 Holding Ponds /Solid Traps �+ Dischar & Stream liii�iacls 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) c. If discharge is observed. what is the estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? 3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Waste Collection & Treatment Please see attached Lagoon Field Data Sheets ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ® No rrt^:• �1-N Reviewer/Inspector NameDaphire Canner �,.��� ..?,;;ti Tp �. yr # t =3r...n.t= , Ewa a .s k raa s1^fix : . Reviewer/Inspector Signature: Date: Printed on: 5/12/2000 w State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street S Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary November 12, 1987 Mr. H. Patrick Taylor, Jr. Attorney At Law 115 East Wade Street Wadesboro, North Carolina 28170 RE: Keith W. Edwards Hog File No. 87 NRC 0638. Dear Mr. Taylor: Joseph E. Slate, Jr., Director Office of Legal Affairs Thomas Hilliard, III Edwin L. Gavin 11 David G. Heeter Yvonne C. Bailey -- Judith Robb Bullock Paul B. Stam, Sr. Robin N. Michael Robert R. Gelblum P'i)V 3 1987 ENV. J,1ANA .EMENT Farm, FAyETTEVILLE REG. OFFICE This letter acknowledges your client's check -in the amount of $100.00 in full settlement of the above -referenced case. Also, I am enclosing a copy of the Notice of Withdrawal of Petition and Consent Agreement and Settlement which has been filed with the Office of Administrative Hearings to close this matter. - Thank you for your cooperation. Sincerely, udith Rabb Bullock Agency Legal Specialist JRB/dab Attachment cc: FRO — iffd:c)6ZiNi5Fand% P.Q Box 276BZ Rakth, North Carolina 27611-7697 Tekphone 919.733--7247 An Equal opportunity Affirmatlrre Action Emplayer V1-�1 STATE OF NORTH CAROLINA COUNTY OF ANSON FILED 0E-F10E OF ADMIX I;ToR`. 11N:?TAEQOFFICE OF NovlMINI�TTVE HEARINGS An I0. 7 NRC 0638 **wwww�wwwwwwwwwwwwwwwwwwwwwww*�:wwwwwww*www**wwwwwwww**wwwwww*ww KEITH W. EDWARDS, D/H/A KEITH W. EDWARDS HOG FARM .,Petitioner, v. N.C. DEPARTMENT OF NATURAL) RESOURCES AND COMMUNITY ) DEVELOPMENT, DIVISION OF } ENVIRONMENTAL MANAGEMENT, ) Respondent. ) NOTICE OF WITHDRAWAL OF PETITION Petitioner hereby withdraws its petition for a contested case hearing. No further proceedings are needed or required to resolve the contested case captioned above. This the day off �r YY ! 1987. Petitioper/Attc#ney for Petitioner STATE OF NORTH CAROLINA COUNTY OF ANSON IN THE MATTER OF: FILED OFFICE OF ADMIIgjTj6kg: NE -!I NVIRONMENTAL QY VMAJ CXS=Mg Tif ONRCSSION 0638 The Assessment of Civil } CONSENT AGREEMENT Penalties Against Keith W. ) AND SETTLEMENT Edwards, D/B/A Keith W. Edwards) Hog Farm ) The North' Carolina Division of Environmental Management (hereinafter DEM) of the Department, of Natural Resources and Community Development (hereinafter Department) and Keith W. Edwards (hereinafter Edwards) hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters in controversy between them pursuant to N.C.G.S. 150B--31(b). This matter arose out of the assessment of $1,458.22 in civil penalties by the Director of DEM against Edwards. These civil penalties were assessed on June 5., 1987 for violations of N.C.G.S. 143-215.1(a)(1), as more fully described in the assessment document. On June 24, 1987, Edwards Timely requested an administrative hearing in this matter. Without any trial of fact or law in the above -styled matter, and without any admissions, DEM and Edwards have reached the following agreement: A. That Edwards will pay $100.00 to the Department in settlement of the investigative costs assessed by the Director of DEM, according to the following schedule: I. one payment in the amount of $100.00 due and payable upon execution of this agreement. Payment shall be made by check made payable to the North Carolina Department of Natural Resources and Community Development at the following address: Post Office Box 27687 Raleigh, North Carolina 27611-7687 Attention: Office of Legal Affairs 2. That the breach of any condition of Paragraph A.1. above by Edwards will render due and payable any unpaid remaining balance of the $1,458.22 in civil penalties. Edwards expressly stipulates and acknowledges that, by entering this Consent Agreement and Settlement, he waives any and all defenses to the underlying assessment of civil penalties; and that the issue in any action to collect said-penalties-will'be limited to the payment or non-payment thereof in accordance with the terms of this Consent Agreement and Settlement. 3. That DEM agrees to accept the payment of $100.00 in complete satisfaction subject to the terms of this agreement. 4. That Edwards explicitly waives its right to an administrative hearing in this matter. 5. That nothing in this Consent Agreement and Settlement shall restrict any right of DEM to take enforcement action against Edwards for any new violation pursuant to N.C.G.S. 143-215.6. This the day of fir, 1987. FOR THE DIVISION OF ENVIRONMENTALe FOR KEITH W. EDWARDS: MANAGE14tNT A. R. Paul Wilms, Director Keith W. Edwards udith Robb Bullock H. 'Patrick Taylo , J . Agency Legal Specialist Attorney Taylor and Bower Attorneys at Law 115 EAST WADE 5TREET µ, PATRICK TAYLOR. JR. WadesbOrQ, N.C. $8170 GEORGE C. 60WsR. 4R. September 30, 1987 Ms. Judith Robb Bullock North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street Raleigh,"N. C. 27611 Re : Keith W. Edwards Anson County File Number : WQ 87-17 Dear Judith: TCLEPNOHE 694.2642 AREA CODE 704 W W % v ENV. MANAGEMEW FAYETTEVILLE REG. QFkCE Pursuant to our telephone conversation today I am enclosing certain documentary evidence as requested by you and beginning in 1983 when Mr- Edwards was attempting to determine land boundaries. I hope that a review of these will convince you of the good faith efforts of Mr. Edwards, and that any discharge was not caused by any actions on his part. Regardless of the boundary controversy, Steve Thomas had no right to go in and take a bulldozer and destroy a dam. As I indicated to you, the new lagoon was designed and built at the direction of the soil and water conservation officials,_ and by an expert --from State College. Cord' ly yours, H. ay o , r. HPTjr:ks Enclosures STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ANSON BEFORE THE CLERK File No., & sP c KEITH WILSON EDWARDS and Wife, } SYLVIA MORTON EDWARDS, } Petitioners ) Vs. ) LOUISE B. THOMAS, Widow; LINDA ) T. DRYE and Husband, JOHN E. ) DRYE;,MINNIE T. HAMRICK HONEYCUTT) and Husband, DAVID HONEYCUTT; ) KENNETH W. THOMAS and Wife, } ROBERTA G. THOMAS; WILLIAM A. ) THOMAS and Wife, PEGGY THOMAS; ) H. P. TAYLOR, JR., Trustee; ) BENNETT M. EDWARDS, Trustee; ) UNITED CAROLINA BANK; WILLIAM C. ) CAPEL, JR., Trustee; THE FIRST ) NATIONAL BANK -OF ANSON COUNTY; ) MORAN D. McLENDON, JR., Trustee; ) THE FEDERAL LAND BANK OF ) COLUMBIA; and PIEDMONT PRODUCTION)' CREDIT ASSOCIATION, ) } Respondents ) } P E T I T I O N TO THE HONORABLE R. FRANK HIGHTOWER, CLERK OF THE SUPERIOR COURT OF ANSON COUNTY: Your Petitioners respectfully show unto the Court: I That your Petitioners are the owners of certain lands lying and being in the County of Anson, State of North Carolina and described as follows: FIRST LOT: BEING an the West and East sides of State Road #1600, and bounded on the East by Richardson Creek, and beginning C. AVERY HIGHTOWER, P.A. ATTORNEY AT LAW SID It, WADE RTRERT WAO900ORO. NORTH CAROLINA at a railroad spike in the center -of North Carolina. Secondary Road #1600 over an 18" R. C. pipe, and being an old corner of Kenneth Wayne Thomas' land, as recorded in Book 169, Page 44, Anson County Reg- istry, and runs thence a new line, South 86-30 East 49.7S feet to a new corner; thence with a drain ditch as follows: South 35-50 East 124.00 feet, South 18-22-24 East 692.67 feet to a new corner in said ditch; thence South 28-33-SO East 177.57 feet to a point in the center of Richardson Creek; thence with Richardson Creek, South 36-46 West 200.00 feet to an old corner in Richardson Creek, of Kenneth Wayne Thomas' 2.43 acres tract; thence with a line of Kenneth Wayne Thomas' 2.43 acres tract. South 88-S1 West 56,6.78 feet to a railroad spike in the center of SR #1600; thence with SR #1600 on chards as follows: North 24-45 West 243.58 feet to a rail- road spike; North 3-16-20 East 257.70 feet and North 32-06 East 198.40 feet to a point in the center of SR 01600, being approximately 1.3 feet South of an R. C. Pipe under SR #1600, and being a corner of Robert M. Thomas' 2.0 acre tract; thence along the center of said SR 01600 North 30-28 East 91.78 feet, North 38 East 280 feet, North 27-30 East 78 feet, North 9-30 West 74 feet, to the point of beginning, containing 12.19 acres, more or less. The same being described as the THIRD TRACT in that certain deed from Brenda J. Thomas and husband, Kenneth Wayne Thomas, to Kenneth Wayne Thomas dated December 1, 1981 and duly recorded in Deed Book 202 Page No. 405, Anson County Registry. SECOND LOT: NEGINNINC—at an old corner, said corner being South 86-30 East 49.75 feet from a railroad spike in the center of N. C. Secondary Road #1600 over an 18" R. C.P., and runs with a line of William Allen Thomas, guardian, South 73-44-50 East 696.42 feet to an iron, the southeast corner of the William Allen Thomas, guardian, 5.47 acre tract; thence a new line South 9-19 West 478.34 feet to a point in the center of Richardson Creek; thence up Richardson Creek, South 41-OS-30 West 327.60 feet to a point in the center of Richardson Creek,,an old corner of Kenneth Wayne Thomas' 12.19 acres tract; thence with said 12.19 acres tract, North 28-33-50 West 177.57 feet to an old corner in a drain; thence still with said 12.19 acres tract, North 18-22-24 West 692.67 feet, up said drain, to an old corner; E. AViRV HIOHTOWCR. P.A. ATTORNEY AT 6AW IIt E. WADI[ •TIIEET WADE40000. NORTH CAROUNA J thence with said 12.19 acres tract, North 35-50 West 124.00 feet with. said drain to the point of'. beginning', containing 7.04 acres, more or less. The same being described as the FOURTH TRACT in that certain deed from Brenda J. Thomas and husband, Kenneth Wayne Thomas, to Kenneth Wayne Thomas dated December 1, 1981, and duly recorded in Deed Book 202 Page No. 405, Anson County Registry. THIRD LOT: BEGINNING at a railroad spike in the center of North Carolina Secondary Road N1600 over an 18" RC pipe, being a common corner of Kenneth Wayne Thomas' land described in Book 169, Page 44, in the Anson County Registry, and runs with SR #1600 on chords as follows: North 8-34-36 East 186.52 feet and North 15-11-20 East 101.67 feet to a spike approximately 2.0 feet west of the center of SR #1600, and being in the line of two driveways; thence a new line South 80-41 East 732.82 feet, passing irons at 479.91 feet and 513.41 feet, to an iron on the South edge of a farm road; thence South 9-19 West 366.70 feet to an iron; thence North 73-44-50 West 696.42 feet to a point; thence North 86-30 West 49.75 feet to the point, of.beginning, containing 5.47 acres, more or less. The same being described as the SIXTH TRACT in that certain deed from Brenda J. Thomas and husband, Kenneth Wayne Thomas, to Kenneth Wayne Thomas dated December 1, 1981, and duly recorded in Deed Book 202 Page No. 405, Anson County Registry. FOURTH LOT: BEGINNINa—at an iron pin, the southernmost corner of Minnie T. Hamrick land and the northeast corner of William Allen Thomas (guardian) lot; said iron being South 80-41 East 731.00 feet from the center of SR #1600; beginning at aforementioned iron and runs a new line:South 80-41 East 400.00 feet to a new'corner in a field; thence a new line South 9-17-14 West 728.47 feet to a point in Richardson Creek; thence with said creek on a chord, South 83-05 West 417.00 feet to a point in said creek, a corner of the Kenneth Wayne Thomas land; thence with an old line of Kenneth Wayne Thomas, North 9-19 East 845.04 feet, passing an iron at 478.34 feet, the corner of Kenneth Wayne Thomas and William Allen Thomas, to the point of beginning, con- taining 7.22 acres, more or less. E. AVEcRY HIGHTOWER. P.A. ATTORN[Y AT LAW 419 [. WADE STR[6T WA0196DORO, NORTH CAROLINA The same being.described as'the SEVENTH TRACT in that certain deed from Brenda J. Thomas and husband, Kenneth Wayne Thomas, to Kenneth Wayne Thomas, dated December 19 1981, and duly recorded in Deed Book 202, Page No. 405, Anson County Registry. Being the same four (4) contiguous tracts of land as were conveyed to Petitioners by Kenneth Wayne Thomas by deed dated March 12, 1982 and recorded in the Anson County Registry in Deed Book 203 at Page 100. Being the same 12.19 acres, 7.04 acres, and 5.47 acres as shown on the plat entitled "Plat Showing Property,of Mrs.Louise B. Thomas As Sold To Children - 1977 "The Intent of Survey in 1977 Is To Show Correct Metes and Bounds Of All Property To Children of Mrs. Louise B. Thomas As Will Be Deeded According To This Survey", by James M. Dennis, Registered Land Surveyor, dated January 5, 1977, a copy of which plat is marked "Exhibit All and is hereto attached and by this reference made a part of this Petition, II That the Respondent, Minnie Thomas Hamrick Honeycutt is the owner of certain land adjoining said lands of Petitioners described as follows; BEING on the East side of North Carolina Secondary Road #1600, adjoining the lands of Louise B. Thomas and Dan Turner, and ' BEGINNING at a railroad spike in the center of SR #1600, the Northeast co4rner of Linda T. Dry's lot as recorded in Deed Book 181, Page 73, Anson.County Registry, and runs with the line of Dan Turner North 74-58 East 865.34 feet, crossing a branch at 769.64 feet, to an iron stake on the East bank of a farm road, thence a now line South 17-04 West 571.22-feet to an iron on the South side of another farm road; thence North 80-41 West 219.41 feet to an iron; thence North 23-30 West 131.86 feet to an iron; thence North 70-49-20 West 429.34 feet to a point in SR 11600; thence with SR 01600 North 15-11-20 East 25.00 feet to the point of beginning, containing five (5.0) acres, more or less. It being a portion 120, Page 147, and and wife, Louise B. in the Anson County E. AVILRV HIGHTOWER, PA. ATTOAi4tV AT LAw Ilo Y. WADI 6TRACT WApE660RO, HORTH CAROL}NA of the lands described in Deed Book the 2.0 acre tract to Wallace Thomas Thomas from S. J. Turner, as recorded Registry. 4 The foregoing description is taken from a plat and survey of the property made by James M. Dennis, R.L.S., under date of January 5, 1977. Being the same land as conveyed to Minnie T. Hamrick by Louise B. Thomas, widow, by deed dated January 19, 1977 and recorded in the Anson County Registry in Deed Book 189 at Page 3S3. Being also described and designated as the 5.00 acres tract on said plat by James M. Dennis, Registered Land Surveyor, dated January 5, 1977, a copy of which marked "Echibit All is attached to and made a part of this Petition. III That the Respondent, Linda Thomas Drye is the owner of certain land adjoining the said lands of the Petitioners described as follows: BEGINNING at a new iron pipe'in the southern line of Louise B. Thomas' 1.227 acre tract,, and runs thence a new line N. 23-45-04 E. 127.'75 feet to a new iron pipe in the northern line of said Lou4se B. Thomas' 1.227 acre tract', thence S. 70-44-20 E. 75.90 feet to an existing iron pin; thence S. 23-30-00 E. -131. 90 feet to an existing iron pin, a corner of the property of Minnie T. Hamrick; thence N. 8046-30 W. 178.00 feet to the point or place bf beginhing, containing 0.337 of an acme.-', The foregoing description is taken from a plat and survey of the property made by William H. King, R. L.S., under the supervision of .lames M. Dennis, R.L.S., under date of November 28, 1981. Being the same land as,conveyed to Linda T. Drye by Louise B. Thomas, widow, by deed dated December 28, 1981 and recorded in the Anson County Registry in Deed Book 202 at Page 702. Being a part of the southern end or part of the "Homeplace, Louise B. Thomas" as shown on said map and plat by James M. Dennis, Registered Land Surveyor, dated January 5, 1977, a copy of which is attached to and made a part.of this Petition. IV That Louise B. Thomas, one of the Respondents, is the owner of certain lands adjoining said lands of Petitioners and described E. AVERY HIGHTOWER, P.A. ATTOLINVV AT LAW 11D E. WAOL STRLiT WAOESWORO. NORTH C.AROL.INA as follows: BEGINNING at a nail located in the centerline of Rural Paved Road #1600 S. 15-11-20 W. 25.00 feet along the centerline of said State Road #1600 from the northeast corner of the 1.28 acres tract then owned by Linda T. Drye and runs thence from said beginning stake S. 70-44-20 E. 357.'55 feet to a new iron pipe; thence S. 23-45-00 W. 127.75 feet to a new iron pine; thence N. 80-36-30 W. 335.40 feet to a railroad spike 2.0 feet west of the centerline of S.R. #1600; thence with the centerline of said road N. 15-11-20 E. 185.33 feet to the point of beginning and containing 1.227 acres, more or less. Being designated and described as "iiomeplace Louise B. Thomas" on the plat by James M. Dennis, Registered Land Surveyor, dated January 5, 1977, a copy of which marked "Exhibit -A" is attached to and made a part of this Petition, less the 0.337 of an acre conveyed by said Louise B. Thomas, widow, to Linda T. Drye by deed dated December 28, 1981 and recorded in the Anson County Registry in Deed Book 202 at Page 702; and as described in Allegation III above. IIJ That Louise B. Thomas, widow, and.William A. 'Thomas executed that Deed of Trust on the Homeplace containing 1.227 acres, dated September 13, 1982 to William C. Capel, Jr., Trustee for the First National Bank of Anson County and recorded in the Anson County Registry in Deeds of Trust Book 176 at Page 43; and that said William A. Thomas, William C. Capel, Jr., Trustee and The First National Bank of Anson County, along with Louise B. Thomas, are necessary parties to this proceeding. VI That the Respondents, Kenneth W. Thomas and wife, Roberta G. Thomas are the owners of that certain land adjoining the said lands of the Petitioners, described as follows: BEGINNING at a stake, a new corner in the old line, said old line being described in TRACT TWO in Deed Book 120, Page 147, Anson County Registry; said stake being approximately 400 feet east of an old corner, holly tree indicator and being 31.8 feet west of the southernmost corner of the land of Linda T. Drye as described in Deed Book 180, Page 363, Anson County Registry and running with an old line N. 74-58 E. 297.8 feet to a stake in the center of E. AVERY HIGHTOWER, P.A. ATTORN4Y AT I,.AW 110 C. WADE ¢OMECT WAD4EFDOMo. NONTM CA14OLINA State Road #1600; thence a new line with SR #1600 on a chord.S.,15-11-20 E. 312.0 feet to another stake in the centerline of said SR #1600; thence a new line N. 74-09-46 E. 210.7 feet to a stake, a new corner; thence another new line due north 160.7 feet to the point of beginning, containing 1.28 acres, more or less. The same being described as the SECOND TRACT in that deed by Linda T. Drye and husband, John E. Drye to Kenneth Wayne 'Thomas and wife, Brenda J. Thomas dated March 28, 1980 and recorded in the Anson County Registry and in the deed by Brenda J. Thomas and Kenneth Wayne Thomas to Kenneth Wayne Thomas dated December 1, 1981 and recorded in the Anson County Registry in Deed Book 202 at Page 405. Also being on that plat by January 5-, 1977 and made a part described as the James M. Dennis, a copy of which of this Petition. "1.28 Ac. Linda T. Dry, 181-73" Registered Land Surveyor, dated marked "Exhibit A" is attached VII That the Respondents, Kenneth W. Thomas and wife executed that Deed of Trust dated March 28, 1980 to Moran D. McLendon, Jr., Trustee for The Federal Land Bank of Columbia as is recorded in Trust Book 169 at Page 88 of the Anson County Registry; and that Deed of Trust to Moran D. McLendon, Jr., Trustee for Piedmont Production Credit Association dated February 17, 1982 and recorded in the Anson County Registry in Trust Book 174 at Page 720; and that Moran D. McLendon, The Federal Land Bank of Columbia and Piedmont Production Credit Association are necessary parties. VIII That Kenneth W. Thomas and his former wife, Brenda James Thomas executed that certain Deed of Trust dated December 5, 1975 and recorded in said Anson County Registry in Trust Book 156 at Page 374 to 14. P. Taylor, Jr., Trustee for American Bank and Trust Company and that Deed of Trust to Bennett M. Edwards, Trustee for American Bank and Trust Company dated January 19,.1977 and recorded in the Anson County Registry in Trust Book 159 at Page 29; and that 11. P. Taylor, Jr., Trustee and Bennett M. Edwards, Trustee are necessary parties. Ix That American Bank and Trust Company, by merger, is now E. AVERY HIGHTOWEA. P.A. AT 10KNRY AT LAW tte C. WADE 61RELr WADEbdOND. NORTH CAROLtNA United Carolina Bank. X That the Respondents, Kenneth Wayne Thomas, William A. Thomas, Louise-B. Thomas, Linda T. Drye and Minnie Thomas Hamrick Honeycutt and Steven Thomas, dispute the correctness of the boundary lines of the lands of the Petitioners as set out in the above referred to Allegation I; -that the particular boundary line so disputed by the Respondents being the northern boundary line of the Petitioners 5.47 acres tract as.follows: ------ a spike approximately 2.0 feet west of the center of SR P1600 and being in the line of two drive- ways; thence a new line South 80-41 East 732.82 feet, passing irons at 479.91 feet and 513.41 feet to an iron on the south edge of a farm road; -------------". X1 That the Homeplace of Louise B. Thomas, the 0.337 of an acre tract to Linda T. Drye and the 5.00 acre tract of Donnie T. Hamrick Honeycutt adjoin Petitioners' land and abut on said boundary line, XII That the spike in the State Road #1600 at the western end of said disputed lime is located in the abutting boundary line of Kenneth W. Thomas and wife, Roberta G. Thomas; that it has recently been dug out -or removed from said point in said road; that the fence extending alon&-Petitioners' said boundary line has been destroyed, the wire torn down and the posts removed. XIII That the Respondent, Kenneth W. Thomas, denies that the hole.. in State Road-#1600 where the spike was located 'is the correct location and wrongfully and erroneously contends that the spike in the State Road #1600 should be -in another or different location. XTV That- Minnie Thomas liamrick 'Honeycutt is married to David Honeycutt; and that David lloneycutt-i's a'necessary party. XV ' That Linda Thomas Drye is married to John A. Drye; and that John A. Drye is a necessary party. E. AVERV HIGHTOWER. P.A. ATTQAN&V AT LAw 119 6, W^0L STNEEY WADC4401410. NORTH CAROLINA WHEREFORE, your Petitioners pray the Court; 1. That the boundary lines of your Petitioners as above set -out be adjudged to be correct pursuant to Chapter 38 of the General Statutes of North Carolina, 2... That, as by law provided, the Court appoint a competent surveyor to run and mark the lines as determined by the Court; 3. That when Petitioners lines are established they be Marked by the Court surveyor by substantial, permanent wRrkors. 4. And for such other and further relief as to the Court may seem just and proper. r 'Phis the day of r �towvr , ATTORNEY FOR 111:'1'1'1'lONI:IIS 110 V. Wade Street Post Office Urawar 797 Wmdosboro. North Carolina 28170 Telephone: 704/694-4108 6- AV990T Mkii.l+:WCB, Y.w AT TOMT.►V AT IIA* IIQ IL WAOL 11TII41CI WA09biloI10, N011111 CANI]LIIIA NORTH CAROLINA ) ANSON COUNTY ) KEITH WILSON EDWARDS and SYLVIA MORTON EDWARDS, being first duly sworn, depose and say: That they are the Petitioners herein; that they have read the foregoing Petition and'know the contents thereof; that the matters therein set forth are true of their own knowledge, except as to those mutters alleged therein upon information and as to those matters, they believe them to be true. Kith i son Owards %via, Morton Edwards - Subscribed and sworn to fore me, this the .day of 1983. otary Pub4p My commission expires:. /^ice• p�. E• AVERY HIGHTOWER. P.A. A$TORNLY AT LAW $10 E. WADE liTREET WADE6e ORQ. NORTH CAROLINA H. PATRICK TAVLOR. JR. GEORGE C. rowER. in. Taylor and Sower Attorneys at Law us EAOT WADE STREET DRAWER 503 Wadesboro. N.C. 28170 A April 15, 198� Mr. Henry T. Drake, Attorney Post Office Box 746 Wadesboro, North Carolina 28170 C Re: Steve Thomas - Keith Edwards Hog Lagoon i Dear Mr. Drake: Receipt is acknowledged of your letter of April relating to the above referred,matter. TELEPHONE 0Y4.2142 AREA CODE 704 41 1985 and Mr. Edwards bought - the property upon which the hog lagoon is located from Kenneth Wayne Thomas, and he was assured by Mr. Thomas that -the lagoon was on the property he purchased. Mr. Edwards also talked with the mother of Mr. Thomas and she assured him that it was on the property. It is my understand- ing that Mr. Dennis has surveyed this property and.he should know whether or not the property is on the Thomas or the Edwards property, and I would suggest that we discuss the matter with Mr. Dennis, and if it is not on the Edwards property then he tells me that he would be willing to redesign it such that it is on the property that he has purchased. In this connection Kenneth Thomas gave him a contract that if it was not on the property that he would be responsible to have it removed from any other persons premises. I am further advised that Mr. Edwards has not enlarged the scope of his operations. I would further suggest that we meet on the premises and take a look at the situation after we have talked with Mr. Dennis and resolve any controversy which might exist. Very truly yours, TAYT OR AND BOWER H. P. Taylor, Jr. HPTjr/mp NORTH CAROLINA ) IN THE GENERAL C0. ;�4�QF-'�UP4 1 DISTRICT COU9�D�IVI8I `C.S.C. ANSON COUNTY ) FILE PTO, 86 Qsl KEITH W. EDWARDS and wife, ) SYLVIA MORTON BDWARDS, ) Plaintiffs )" vs ) ORDER ) STEVE WILSON THOMAS, ) Defendant ) This cause coming on to be heard and being heard by His Honor, Michael W. Beale, Judge of the District Court of the Twentieth Judicial District of North Carolina and Judge Presiding at this October 20, 1986 Session of the District Court for Anson County, and the plaintiffs and their attorneys, H. P. Taylor, Jr. and E. A. Hightower and the defendant and his attorney, Henry T. Drake being present and the Court after the plaintiffs and their witnesses and the defendant having testified, finds as facts: That plaintiffs and the defendant are citizens and residents of Anson County, North Carolina; that plaintiffs are the owners of attract of land in Burnsville Township, Anson County, North Carolina containing 31.72 acres, more or less, as was conveyed to them by Kenneth W. Thomas by deed March 12,,-1982 and recorded in the Anson County Registry in Deed Book 203 at Page 100 where plaintiffs own and operate a hog farm, that defendant claims the land adjoining plaintiffs and that there is a substantial dispute as to the location of the boundary line of the properties; that there is probable cause that plaintiffs would be able to prove their ownership and valid use of the property; that as a part of plaintiffs' hog farm operation there is located on their land a two-story hog house, other buildings and a lagoon; that the lagoon is a pond of water held by a dam some sixty feet (601) long and several feet high; that the waste from the hog houses is flushed or washed into the lagoon which is an essential part of the operation and necessary in the disposal of the waste for health and environmental purposes; that defendant claims that the lagoon or a part thereof is on his land and on or about the first of October, 1986 defendant took his bulldozer and tore down the dam and destroyed the lagoon; that the destruction of the lagoon did irreparable harm to the operation and to the nearby Richardson Creek; that there is probable cause that in the trial of the action the plaintiff will prevail; that the N. C. Department of Natural Resources and Community Development has directed that an overflow or discharge from the lagoon into the creek would result in a penalty up to $10,000.00 and defendant contends that the lagoon, if on his property, could subject him to that penalty= On the foregoing findings of facts, the Court concludes as matters of law that there are legal grounds for the issuance of the Injunction and Restraining Girder; that the defendant's acts complained of result in irreparable damage to plaintiffs; that defendant may suffer damage by way of the penalty hereinabove referred to up to $10,000.00 if tt be determined that he is wrongfully enjoined or restrainedi IT IS NOW, THEREFORE, ORDERED AND DECREED, THAT 1. Defendant is restrained from going on the dam or lagoon and from removing any dirt or do any other act to alter the water flow or the lagoon and he is ordered to maintain the status quo as everything now is until full trial of this action; 2. Plaintiffs post a cash or secured bond in the sum of $10,000.00 to defendant for possible damages, as may be determined in the way of penalty by a jury, defendant might suffer from any violation of the regulations of the North carolina Department of Natural Resources and Community Development if it be determined he has been wrongfully restrained, not later than October 26, 1986 or this injunction shall immediately become of no further force or effect. 3. Marshall Bray, Registered Land Surveyor, Rockingham, N. C. ov some -other licensed, disinterested surveyor,. -if Marshall Bray is unavailable,_shall make a survey of the disputed line, make a plat -showing the location of the boundary lines of the parties, the location of the lagoon in reference to the sale lines and make his report to this Court within 30 days, plaintiffs and defendant will share the costs of the survey and each party will deposit $200.00 (totaling $400.00) with the Clerk of this Court as earnest money to be disbursed by the Clerk to the surveyor to be applied on the expense of the survey. 4. That the acts enjoined or restrained is binding upon the defendant, his agents, servants, employees and persons in active consent or participation with defendant. This October 21, 1986. w� � � /� ;- Judge Pres n% NORTH CAROLINA ) IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION ANSON COUNTY ) FILE NO.a 86 CVD 294, KEITH W. EDWARDS and wife, ) SYLVIA MORTON EDWARDS, ) ) Plaintiffs ) ) ve ) BOND STEVE WILSON THOMAS, ) } Defendant } } Whereas Keith W. Edwards and wife, Sylvia M. Edwards, have applied to the Court for a Restraining Order or Injunction against Steve Wilson Thomas, the defendant, as prayed for in the Complaint; and whereas, Temporary Restraining Order was issued by His Honor D. R. Huffman; and whereas His Honor, Michael W. Beale, Judge Presiding, at the hearing on October 21, 1986 issued a Restraining Order or Injunction, restraining or enjoining Steve Wilson Thomas from going on the dam and lagoon, removing any dirt therefrom or -doing anything else to alter water flow of lagoon and ordered him to maintain status quo until the final trial of this action; and whereas, North Carolina Department of Natural Resources and Community Development has advised "defendant he.migrht become liable to a penalty of up to $10,000.00 if the lagoon were not properly maintained; and whereas, plaintiffs were ordered to'post a cash or secured bond in the principal sum of $10,000.00 conditioned that plaintiffs pay such damages as a jury might -Asses if it be determined that defendant is wrongfully enjoined; Now, therefore, we the undersigned, Keith Z�Zds dwards and Sylvia M. pdwards as principals and V k , and gfd_��Lj4 T. ),,t;,e, as sureties, undertake and hereby become bound unto said defendant to pay to said party restrained such damages, if any, as a jury might assess, not exceeding Ten Thousand Dollars ($10,000.00) as defendant may sustain by reason of the Restraining Order, if the Court finally determines that defendant is wrongfully restrained. Witness our hands and seals, this day of October, 1986. (SEAL) FAM.W'wl EVA 1Wct and ma th oath that he s e is a freeholder and a resident o County, North Carolina, and worth o eoo,a dollars over and above all his/her liabilities and legal exemptions allowed by law. /i VA Sworn to and subscribed before me, this day of October, 1966. clerk of Super or Court ( SEAL ) 4 f 1 lb - rp � 1 fir,, s r i ✓ j fz I � ,r Ott Q a cs Rib qp� a reams R 1 l y \ r� I DIVISION OF ENVIRONMENTAL MANAGEMENT June 1, 1987 M E M O R A N D U M TO: Files FROM: Ricky Revels, Environmental Technician III THRU: Kerr T. Steven Water Quality Supervisor SUBJECT: Follow -Up Inspection on Enforcement Case #87-17 WQ Keith W. Edwards' Pork Farm Route 2 Polkton, North Carolina 28125 Anson County On Wednesday, May 27, 1987, a follow-up inspection of Keith W. Edwards' Pork Farm was conducted by Ken Averitte, Environmental Technician V and Ricky Revels of the Fayetteville Regional Office. The.inspection revealed that there was a discharge of wastewater (1-2 gpm) leaving the Edwards' lagoon and flowing overland. The flow was moving in the direction of an unnamed tributary to Richardson Creek. No sampling was done because the wastewater flow, under the present dry weather conditions, never reached surface waters of the State of North Carolina. RR/fc E 1 � DIVISION OF ENVIRONMENTAL MANAGEMENT June 1, 1987 M E M O R A N D U M TO: Files FROM: Ricky Revels, Environmental Technician III THRU: Kerr T. Stevens Water Quality Supervisor SUBJECT: Follow -Up Inspection on Enforcement Case #87-17 WQ Keith W. Edwards' Pork Farm Route 2 Polkton, North Carolina 28125 Anson County On Wednesday, May 270 1987, a follow -pup inspection of Keith W. Edwards' Pork Farm was conducted by Ken Averitte, Environmental Technician V and Ricky Revels of the Fayetteville Regional Office. The .inspection revealed that there was a discharge of wastewater (1-2 gpm) leaving the Edwards' lagoon and flowing -overland. The flow was moving in the direction of an unnamed tributary to Richardson Creek. No sampling was done because the wastewater flow. under the present dry weather conditions, never reached surface waters of the State of North Carolina. RR/fc DIVISION OF ENVIRONMENTAL MANAGEMENT February 19, 1987 CERTIFIED MAIL_ RETURN _RECEIPT REQUESTED Keith Edwards Pork Farm Route 2 Polkton, Borth Carolina 28125 SUBJECT: Unpermitted Discharge of Animal Wastewater Keith Edwards Pork Farm Off SR-1600, near Burnsville Polkton, Anson County Dear Mr. Edwards: This letter is to advise you that the Fayetteville Regional Office has now completed our investigation of the subject unpermitted discharge which occurred on January 13, 1987. Our report has been completed and forwarded to our Central Office for consideration of enforcement action. Since Keith Edwards Pork Farm did not obtain the appropriate discharge permit to continue discharge after this facility was designated as a concentrated animal feeding operation, this was a direct violation of N. C. General. Statute 143-215.1(a)(1). Currently, our legal staff is reviewing our report and recommendations, and you will be notified in the near future of the outcome. If you have any questions concerning this matter, feel free to notify this office. Sincerely, (XIO 4 StGNM BY MAWN J. NOLMD M. J. Noland Regional Supervisor RR/ cbm cc: Agricultural Extension Service Soil Conservation Service Anson County Health Department DIVISION OF ENVIRONMENTAL MANAGEMENT February 19, 1987 M E M O R A N D U M TO: L. P. Benton, Jr. Deputy Director Division of Environmental Management FROM: M. J . Noland ������� ��� �i Regional Supervisor Fayetteville RegionalUfTic"al J. NOLA►ND SUBJECT: Enforcement Report Unpermitted Wastewater Discharge Keith W. Edwards Hog Operation Polkton, North Carolina Anson County Please find attached a staff report by the Fayetteville Regional Office concerning the unpermitted discharge of wastewater from an animal feedlot in Anson County by the Keith W. Edwards Hog Operation. If there is any need for additional information or clarification, please advise. RR/cbm Attachments I certify that the information in this report is true to the 'hest of my knowledge. Signature of Principal Investigators: Date: Z- Z3 9"7 Signature of Regional Supervisor: ' Date: Contents of Report I. Introduction II. Conclusion III. Recommendation IV. Report VII. Assessment Factors APPENDIX Attachment A - December 1982 - Investigation Documentation. Attachment 8 - April 17, 1984 - Letter regarding Animal Feedlot Designation Attachment C - March 8, 1985 - Letter to Mr. Edwards about lagoon maintenance. Attachment D - March 8, 1985 - Letter to complainant Mr. Steve Thomas Attachment E - October 15, 1986 - Letter to Mr. Edwards regarding lagoon over flow. Attachment F - October 15, 1986 - Letter to Mr. Steve Thomas regarding October 6, 1986 complaint investigation. Attachment G - Mapped Location of, Edwards Park Farm Attachment H - January 14, 1987 - Sampling results of Edwards Hog Farm Attachment I - Photos taken of the lagoon dike on October 6, 1986 after alteration by Steve Thomas. I. Introduction The purpose of this report is to show that the Keith W. Edwards Hog Farm of Polkton, Anson County, willfully and knowingly discharged and or has the potential to discharge wastewater from a waste stabilization lagoon serving an animal feed lot into the state's surface waters without the appropriate permit. The facility was designated a concen- trated animal feeding operation on April 17, 1984 (See attachment B). This report will show that an enforcement action is warranted. The subject discharge was actually observed on January 13, 1987. Samples of the discharge and photographs were taken on this date. This office has in the past been notified by local citizens of discharges from this facility on several occasions. The total environmental impact resulting from this discharge cannot be readily determined at this time. It appears that the discharge had been going on for some time due to information given to the State by the complainant. There was no indication of land applying wastewater with an irrigation system, and there was a very defined trail leading from the lagoon to the surface waters. II. Conclusion_ It has been determined that the Keith W. Edwards Hog Farm operated in noncompliance with N. C. General Statute 143-215.1(a)(1) when wastewater continued to be discharged once the facility was designated as a concentrated animal feeding operation on April 17, 1984. (See attachment B) III. Recommendation It is recommended that Mr. Keith W. Edwards, the owner of Edwards Hog Fam be assessed a civil penalty for the violation of NCGS 143-215.1(a)(1) which reads as follows: 143-215.1. Control of sources of water pollution; permit required. - (a) No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and shall have received from the Environmental Management Commission a permit therefore and shall have complied with such conditions, if any, as are prescribed by such permit: (1) Make any outlets into the waters of the state; It is felt that this assessment will alert Mr. Edwards of our concerns on this matter and hopefully prevent future similar occurrenc- es. Prior visits to the Edwards Farm by the Fayetteville Regional Office staff and the designation dated April 17, 1984 have not impressed upon Mr. Edwards the need to properly handle the wastewater. IV. Report - Keith W. Edwards Pork Farm. Polkton. Anson Count Background Information: The Fayetteville Regional Office was first made aware of the Keith Edwards Pork Farm during a complaint investiga- tion performed by Mr. Ricky Revels on August 25, 1982. During this inspection of the hog operation no wastewater was observed being discharged from the waste storage lagoon. The Investigator visited the Edwards' home for a discussion about waste practices, but did no find anyone at home. The Investigator later called Mr. Edwards as well as the complainant many times to no avail. On November 30, 1982, a return visit was conducted by Mr. Revels at which time no discharge was ob- served. Mr. Revels visited with Mr. Edwards wife, and discussed respon- sibilities of agricultural waste handling practices. (See Attachment A) On March 26, 1984, Mr. Ricky Revels, Environmental Technician, Fayetteville Regional Office investigated the Keith W. Edwards Pork Farm in response to a second complaint received from the original complain- ant. Mr. Revels observed a discharge from the lagoon through a pipe at the base of the dam to an unnamed tributary into Richardson Creek Class "C" stream and a second discharge from an animal housing unit by means of a pipe to another unnamed tributary to Richardson Creek. Mr. Keith W. Edwards, was present on the day of the investigation. Mr. Edwards was told by Mr. Revels that the discharges must be stopped and that further information would be forthcoming concerning concentrated animal feeding operation. On April 24, 1984, Mr. Keith W. Edwards received by certified mail a letter that designated Keith Edwards Farms as a concen- trated animal feeding operation. This operation has approximately 155 hogs over 55 pounds which is fewer than 300 animal units. (See Attach- ment B) On March 5, 1985 an inspection of Keith Edwards Hog farm was conducted by Mr. Ricky Revels and Mr. Paul Rawls of the Fayetteville Regional Office in response to a complaint. It was noted by the inves- tigators that the lagoon was completely filled with no additional storage capacity available. It was also observed that a small amount of wastewater was leaching from the dam, however no wastewater was reaching surface waters. As a result of this inspection a letter was sent dated March 8, 1985 to Mr. Edwards as a reminder of his responsibilities to maintain the lagoon to prevent an overflow into surface water. (See Attachment C) It was noted by the inspectors on March 5, 1985 that Mr. Steve Thomas, complainant, had made a statement to the effect that he may take action to remove the lagoon dike which would cause the lagoon to drain. This statement was made because of a property line dispute he had with Mr. Edwards regarding the location of the lagoon in relation to his property. For this reason Mr. Steve Thomas was sent a letter, also dated March 8, 1985, concerning his liability of discharging animal waste that would cause Water Quality Violations. (See Attachment D) On Monday, October 6, 1986 a third complaint investigation was conducted by Mr. Ricky Revels at the Edwards Hog Farm. Mr. Keith Edwards stated that the adjacent property owner, Mr. Steve Thomas had removed a portion of the dam of Edwards Hog waste lagoon on or before the weekend of October 4, 1986. On the October 6, 1986 Mr. Revels along with two members of the Anson County Agricultural Extension Service met with both parties involved. It was determined during the investigation on October 6, 1986 that apparently no wastewater had entered surface water and it did not appear that there was an immediate threat to surface waters as a result of the partially removed dike. It was pointed out and documented in a letter to Mr. Keith Edwards dated October 15, 1986, that immediate measures must be initiated to eliminate the possibility of wastewater flow leaving the lagoon and to make the necessary repairs to the lagoon dike. Also, it was documented that Mr. Dycus with the Anson County Extension Service observed Mr. Steve Thomas removing a portion of the lagoon dike which resulted in an outlet from the lagoon on October 4, 1986. Following this investigation, both Mr. Edwards and Mr. Thomas were sent a letter dated October 15, 1986 regard- ing this matter. (Attachment E & F) More specifically, Mr. Edwards was advised of his responsibility to repair the lagoon to prevent an ongoing discharge which likely would result in animal waste reaching surface waters. On January 13, 1987, Mr. Ricky Revels and Mr. Ken Averitte of the Fayetteville Regional Office along with Mrs. Carol Ann Gibson and Mr. Sam Ingram of the Anson County Health Department visited -the Keith Edwards Hog Farm for the purpose of inspecting the lagoon condition. The inspection revealed that the Keith Edwards Lagoon was discharging at a slow rate under normal weather conditions, along with the fact that no apparent work had been done to repair the dike or to prevent wastewater from discharging even after the letter dated October 15, 1986 had been received several months earlier. Photos that were taken during the October 6, 1986 investigation represent the current lagoon condition. (Attachment I) Samples collected during this inspection did not indi- cate a violation of water quality standards, however, wastewater was flowing from the lagoon overland to surface waters of the State. (Rich- ardson Creek) Because of the higher -stream flow conditions during the time of the discharge, water quality impact was minimized. (See Attach- ment H) Additionally, the sample of the lagoon discharge was collected approximately 300 feet downstream of the lagoon and was influenced by surface water and groundwater drainage from the hillside. Because of this influence the lagoon discharge was somewhat diluted thus account- ing for the low BOD and Fecal Coliform value. Violator: Keith Edwards Pork Farm DIVISION OF ENVIRONMENTAL Enforcement Case Assessment Factors Identification Number: Regional Office: Fayetteville 1. Degree and extent of harm and risk of harm caused by the yiolation(s): The lab analysis from the January 13, 1987 investigation does not document water quality standards violations, however, the continuation of this discharge could cause serious surface water problems in the future and could result in a fish kill. 2. Number of violations: Total = I Discharge of wastewater without the appropriate permit. 3. Duration of violations): The discharge was actually observed on January 13, 1987. Prior to designation of the subject swine facility, it is believed that wastewater from this facility was discharged on numerous occasions since our initial investigation on August 25, 1982. 4. Degree and extent of violation(s_): Keith Edwards Park Farm's discharge of wastewater from an animal waste lagoon constitutes a violation of NCGS 143µ215.1(a)(1) concerning discharging to the State's surface waters. Prior to this violation the facility was designated as a concentrated animal feed lot due to the discharge of wastewater. 5. Cause of violation(s) (Intentional, Negligence, or Otherwise): Mr. Edwards was advised on numerous occasions in person, by letter, and by telephone of the importance of animal waste management. Apparently, Mr. Edwards intentionally neglected our recommendation and allowed the wastewater to discharge form the wastewater lagoon. 6. Economic benefit gained by violator by noncompliance: It appears that the only economic benefit he has received was actual costs of land applying the wastewater onto adjacent farm- land. Past conversations and observation of his other facility revealed that spray irrigation equipment is readily available. 7. Type of violator and general nature of business i.e individual vs. large corporation): Mr. Edwards is an independent grower of swine, along with other types of farm income. 8. Violator's history of compliance or noncompliance:, Since the first inspection of the Keith Edwards Pork Farm on August 25, 1982, a wastewater discharge from the wastewater lagoon was suspected. Not until March 26, 1984 was a discharge actually observed. On January 13, 1987 the wastewater discharge was again observed from this facility. DEM Enforcement Case Assessment Factors Page 2 9. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance: Mr. Edwards' cooperation has been poor. He was advised on several occasions to better manage the wastewater handling practices at his facility and apparently ignored all recommendations by the Division of Environmental Management. Mr. Edwards apparently chooses not to comply with NCGS 143-215 (a)(1). 10. Costs of detecting violation, defining its extent, and bringing enforcement action: State Funds Expended for Investigation Name of Investigators Time Spent Rate per Hour Ricky Revels 25 $11.18 Ken Averitte 2 $14.36 Analytical Cost Laboratory Analysis Film and Photography Developing Transportation Miles Rate per Hour State Vehicle 185 .20 Total Cost of Investigation Cost $279.50 28.72 108.00 5.00 Cost 37.00 $458.22 11. Mitigating circumstances, such as noncompliance attributable to Government or factors beyond violator's control: None Investigator: ,w✓"�t.� Regional Supervisor: Date: ENFORCEMENT ACTION REPORT Title: Keith W. Edwards Hog Farm Polkton, North Carolina Unpermitted Discharge of Wastewater from Hog Waste Lagoon County: Anson Regional Office: Fayetteville Regional Office Principal. Investigator: Ricky Revels Environmental Technician Water Quality Section Fayetteville Regional Office I. D. Number: 1- 0 . I rt, JAN 19 1987 Division of Environmental Management 4V MANAGEMENT CHAI2i,AF CUSTODY RECORD FA'YETTEVILLE REG.X,,6, „& 6 . For Investigation of A�e.la � - -go 0 c LSamples collected and na forrs c*Wleted bye b Orily Lab* No. Station. No. Station tion Date E40bottles No. of ff/C�/ 3 1 �f / c tmk &, ,m1 VO F 3 z z Relinquished y(i re)• d by (S tur - e DaTime 1 Rec 1 Rec by 1 Rec by (Lab) thad of Shipment: Securi Seal b a and Conditions Lock b s BrokenGrc en b : T-Aw nqR 11wy ril'F1rJrl'liL-JIl• �ll�'/ 1�7�•������ • 4'Or 9 "� . '—.c�`�� —�— :4 Vocal 1 - f}...---,,,�, 0 �'° p. _.."1-: j -ter � •3�° .� � � . ��r,�i- - - -- - . �., .� ` .,�, - .,,� - `> j 4 v , rn IaF� - -A G. cV 'S-�1'_�-�.f' ' �'9'�j-�•--�a"�:11'7�-.. '� .'�,s'`.^'�t 4 (�-. . �� �' q..... -�'as+ �"c�'a.A r. r �-+ lia� 'd ' 9 g/o -C/I 3 4 5 6 7 8 9 10 11 i� 13 14 15 16 1] 18 19 2© A B N • � r _ N. OF NATURAL RESOURCES & CO OL PMENTLAITYCOl1NT •, .. UVRIEPT. LAB NUMBER 00008:�/T RIVER BASIN- 'VA - 1) 1DIVISION OF ENVIRONMENTAL MANAGEMENT DATE RECIEYI n REPORT TO: ARO• R MRO. RRO. WaRO WiRO, WSRO, TS" WATER QUALITY FIELD -LAB FORM (OMI) • d�J Rtkd In: .� From Bu�Courie Dther Other Shipped by- Bus, Courier, OtherSAMPLE TYPE DATA ENTRY BY /', 1 -P ✓ CK: I-M COl"Croo(.: Ili _ c_ .. n- EIAMBIENT ❑EMERGENCY ❑ SPLIT COMPLIANCE DATE REPORTED' BOD RANGE SEED: STATION LOCATION: - i �- „C�, +ir y a CHLORINATED: REMARKS Station Npm er Date Begml yy/mm/ ! Time Begin Date End End Dept DM DB DOM Ya ua Type CarnQgsjte SompleType _ime f/ A H ! T S B C G GNXX /Cs� Y-1- 1,/ BOO 1 m /E Chlari e94a m /I NH as N 610 m /I Ni - Nickel 1067 u / C D Hilth 340 4 m /1 Arsenic: Toto 1 1002 u /i TKN as N 625 m /I P- L,913d loll v/ / fO '! w 3 5 m T Chi a: Tri 322f7 u !1 NO +NO as N 630 /I S- n im n 1097 u 11 Cohlorm: MF Fecal 31616 -VIC0 /+1)U /100ml _ Chl o: Corr 32209 u /k _PO4 a.1 P 70507 m /1 ltn u I [ lil . ;MF Total J1504 1100ml PhqoehXtin a 32213 u /ITotal as P 665 /I Zn- ZinC 109 u /1 Catilorm: tube Focal31615 /loornt Colon True 80 Pt-C P: Dissolved as P 666 mQJ1 C lilorm-fvbe T ral 3150S mom1t Chromium:Hey-1032 0g/1 A -Silver 10/7 /l P lici es Specifically S m /I Residue f ! I 500 Cyanide 7,20 ma/1 At - Aturninum 1105 ugh Volatile 505 mg/1 F Flyoride951 =1++9/k Be- B r Iliuikl]012 /I Scan Orgonochlorine Fie d SIO mg/1 For oldeh de 71880 m /1 Ca- Calcium.QTdrr+ (1`_� ��@�m /1 $tort Or ano has horns r eat Residue:S nded 530 m /I Gr ose and Oils 556 ' /l Cd- d ium"10 lt` 9F91I u / Y latile 535 m /I Hardness:Taral 900 m /{ Co- Cobalt !@9 _ f11 0 gfl Or anics StleciFically we "> ZJ fixed 54Q m /I MBAS 38260 m !IIN- mium: Z; C34 r--q /I H4 3 units When Is 32730 u /1Cu- ^3 L ICI-.a1 o er 2r+ rt-� /I Scan Base / Neutral Extroctables irn Aridityr H 4.5 436 m /I Sulfote 945 m /I Iron I045I �.+ ��1 u /1 Stan Acid Extractahles 9bO C& Aridir r H 8 3 435 m /I Sulfide T45 m /i-M rcur• /I 2 �,, Li; + Alkalinity ro PH 8 3 415 mg/1 5 etilic Conti. 95 uMhos/cm Lr - ithiu 2- 1� J /1 S "iol Analysis Specifically Alkalinity r HI 5410 2 iomas=0rWt.573 BIM r.-Im9' 21 m l 1 C 680 -9/1 Biomass: Pori Ash Fme 572 g/M Mn -Mon -nose 1055 /1 Scan Acid FlQhitides 2 Ifutbidity 76 NT Chi o: Peri Flwo 82547 mg/M i m 929 m /1 N _ Sodium iScan Put f�In Sampling Point Water Temperature{°[) D.O. PH Conductance - Alkalinity Acidity PT % at 2 5' C PH 8.3 PH 4.5 PH 4, 5 PH 8.3 63 2 10 300 400 94 82244 431 82243 82242 Secchi (Meters) Air Temperature('[) D.O. Saturation Salinity %. Algae; Floating Mats Prot ipttalion(In/0ayl Claud Cover:% Mind Direction(Deg.) Win Force Severity Beaufort 78 20 301 14041 1325 - 4 32 36 37 1 Hr. Settles a Dead FishTurbidity Severity Odor.Atmosp ere Stream Flow NforgenI Suds Oil -Grease Floating Debris Sludge Severity Mart.,(ml111Hr.1 Severity 11350 Severity Severity everity r1,305, Severity Severity 50086 1340 1330 1351 1300 1345 j1315 DM1/Revised 10/ 82 For Investigation of 6Wl44 collected Division of 8avironmatel Manageo"t MIN OF CUSTIODY RZCORD '' II l foram b Only Lab* No. Station. No. Statton jac.!tlop Ho. of fgtt as t ' ENV. MANAGEMENT ENT � Relinquished byipatara t vad 1 ure : LDate Tian Red baV Rea by Rae by (Lab) / hod of Shi tt ptt 8e:2 tAroken Sacwri ditlops 7Lacken by = • ■ t tray nmr v i41� III ��k., llrir� 1 rr �r r 2.0.w_�_ �.�.Ov..�_...+�a.�_._._2.�_� -_I �_���--�_�_i-h ur-�1'_c,�-�._ J—��'1_s._A.l_<.t;l�r_�,.►�...._w__e,,.,,� o_�,�'� ��4-I,.e____ _4._�.r_G,i.n.w�(�A—cJ� i c�_•y11lG a ^+�l.cw �?1C w �. r.n_ .0 �F o4 f � u—CL c �e..�.P � j:e_.�.��..,._._.__c��._...—.1� c�,�c.rs I�_{�-c_.k.�.���� �t$..�;a—l_�.�_�r•,..�.® tir_e� �(.o.w1_,s_c�,.. r�, -_____-�-- �.O.i.r�� �(_t�.S.....��[+�.w.gl� W��...��_"`'j_—..��`� G:.�.�.�.i.CJ.�/ �.fyr•�.-G.�.. Via... ��,,�� � a 1� DIVISION OF ENVIRONMENTAL MANAGEMENT October 15, 1986 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Keith W. Edwards Edwards Hog Operation Route 2 Polkton, North Carolina 28125 SUBJECT: Dear Mr. Edwards: Investigation of Animal Waste Lagoon Overflow Keith Edwards Hog Operation Anson County This letter is in reference to an investigation conducted by Mr. Ricky Revels, Environmental Technician, Fayetteville Regional Office on October 6, 1986 regarding a release of wastewater from the lagoon at your hog operation. It is our understanding that the adjacent property owner removed a portion of the lagoon dike which caused the release. During our investigation on October 6, 1986, it was determined that apparently no wastewater had entered surface waters and it did not appear that there was an immediate threat to surface waters. It is necessary that immediate measures be initiated to eliminate all wastewater flow leaving the lagoon and make the necessary repairs to the lagoon dike. It should be pointed out that your facility was designated as a "Concentrated Animal Feeding Operation" on April 17, 1984 as the result of our staff finding a discharge of wastewater into surface waters. Following such a designation, any further discharge of wastewater to surface is subject to an enforcement action which could result in a civil penalty assessment. ,,i OW P 266 979 419 RECEIP71 FOR CERTIFIEC=. MAIL NO MkIfIANCE COVERAGE PROVIDED ' NOT FOR INTEANA30HAL MAIL {See Reverse) Sent to Mr. Keith W. Edwards Edwards Hog 0 eratign ,h Street and No. Route 2 iCaLeorld 'W'e28125 LV a 6 Postage S .22 * Cerl}tied Fee .75 Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered rn m m Retur to whorl. Dal t)etivery 90 m 1.87 Q� l7 CL 0. Mr. Edwards October 15, 1986 Page 2 Based on documentation supplied to our office by the Anson County Extension Service, we are aware that the adjacent property owner (Steve Thomas) did remove a portion of the lagoon dike which allowed wastewater to flow from the lagoon. Mr. Thomas has also been notified by letter of the consequences of such an action. It is your responsibility as the owner and operator of this facility to take whatever action that is necessary to prevent the flow of wastewater into surface waters. Prior to final repair of the lagoon, the level in the lagoon must be main- tained by land applying the wastewater to prevent further releases of wastewater. If this office can be of assistance to you in this matter, please do not hesitate to contact Mr. Revels at (919) 486-1541. QRILsAvervit-4io c r M. J. Noland Regional Supervisor KTS/cbm cc: Anson County Extension Service NCSU - Biological & Agricultural Engineering DIVISION OF ENVIRONMENTAL MANAGEMENT October 15, 1986 CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. Keith W. Edwards Edwards Hog Operation Route 2 Polkton, North Carolina 28125 SUBJECT: Investigation of Animal Waste Lagoon Overflow .Keith Edwards Hog Operation Anson County Dear Mr. Edwards: This letter is in reference to an investigation conducted by Mr. Ricky Revels, Environmental Technician, Fayetteville Regional Office on October 6, 1986 regarding a release of wastewater from the lagoon at your hog operation. It is our understanding that the adjacent property owner removed a portion of the lagoon dike which caused the release. During our investigation on October 6, 1986, it was determined that apparently no wastewater had entered surface waters and it did not appear that there was an immediate threat to surface waters. It is necessary that immediate measures be initiated to eliminate all wastewater flow leaving the lagoon and make the necessary repairs to the lagoon dike. It should be pointed out that your facility was designated as a "Concentrated Animal Feeding Operation" on April 17, 1984 as the result of our staff finding a discharge of wastewater into surface waters. Following such a designation, any further discharge of wastewater to surface is subject to an enforcement action which could result in a civil penalty assessment. A Is U-0 Ire when M-8-13-4 Midi amAG.Brodend c �6%144;4 =3enff4l Put a teas In% a RETURN pace on the reverse fi I I Mp Nlou I a . . . . . . Ora t _r�bvonl this effiel. 71.1h, 0 .c 4 trelfwa, roturnw y qrs� ard calot-feamfli ni rdillvers ftorm—i—iMtMd a f Slill'ory Ise dditione lfaBSthG'fGllOk4ilmoservicol*lorI at �Postmastsr towooslanalchumboxies) to itionat som ce(u) requested, orltm W ftHablo.lComl "A I Show to lt terr so d 3VArda rAddres—wil i r4. Wrtiale NBmnlbar ur r p ' 9 #;0266 �97 PNVIM dr, S a 1AS lwa sobtain signet of edtlr u 0 agent and DATE QF IVIHRED MyWsCe IdAisiv ONDI 7U CC U mmlf,�� �:: 4 Mr. Edwards October 15, 1986 Page 2 Based on documentation supplied to our office by the Anson County Extension Service, we are aware that the adjacent property owner (Steve Thomas) did remove a portion of the lagoon dike which allowed wastewater to flow from the lagoon. Mr. Thomas has also been notified by letter of the consequences of such an action. It is your responsibility as the owner and operator of this facility to take whatever action that is necessary to prevent the flow of wastewater into surface waters. Prior to final repair of the lagoon, the level in the lagoon must be main- tained by land applying the wastewater to prevent further releases of wastewater. If this office can be of assistance to you in this matter, please do not hesitate to contact Mr. Revels at (919) 486-1541. Sincerely, MAW" J. WLAW M. J. Noland Regional Supervisor KTS/cbm cc: Anson County Extension Service NCSU - Biological & Agricultural Engineering DIVISION OF ENVIRONMENTAL MANAGEMENT October 15, 1986 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED Mr. Steve Thomas Route 2, Box 104 Polkton,.North Carolina 28125 SUBJECT: Complaint Investigation Keith Edwards Hog Operation Anson County Dear Mr. Thomas: This letter is in reference to an investigation conducted by Mr. Ricky Revels, Environmental Technician, Fayetteville Regional Office on October 6, 1986 regarding a release of wastewater from the lagoon located at the Edwards' Hog Operation. Based upon documentation sup- plied to this office by the Anson County Agricultural Extension Service, it was stated that you removed a portion of the dike of the waste lagoon on October 4, 1986, which resulted in wastewater flowing from the lagoon. It was our findings on October 6, 1986 that apparently no wastewater had entered or was entering surface waters. In the event that wastewater enters surface waters as the result of such an action, you would be in violation of N. C. General Statute 143-215.1 for making an outlet to surface waters. Such a violation would be subject to a civil penalty of up to $10,000 and if the action caused water quality violations or resulted in a fish kill additional penalties could be assessed. Mr. Thomas October 15, 1986 Page 2 If you have further questions regarding this matter, please do not hesitate to contact Mr. Revels at (919) 486-1541. Sincerely, ORIGINAL ShGIED BY MARION J. NOLAND M. J. Noland Regional Supervisor KTS/cbm cc: Anson County Extension Service NCSU - Biological & Agricultural Engineering Keith W. Edwards COIJPLAINT REPORT FORM Date Receivedr c splain,ant's NA Address & Phone No. r TYPO Of Complaint' Location of Coegplaint / County, oc.Iav+a.tigateds O ... rnvesttgator: e �l = 7T Samples Taken s . Yas No )e,i Karrativt of Uvestigators ]Actions t F.ecommiendations r` _ 1 �y �✓ � �1— ..��� � Y . S 't t.l c. � "'j�,�A.p �_ �t3 u. Y L •�� _fir_sad.. J �►�tr_ 1Ks..jc `S ,`..'k :b C.^I 4�.., `l..'-- ; &jgeI-f.'I *4 -- fj)" 5 p `F 'it.- Awz,,N c - �} gg�,ti 1..le e_ 14 .iI NS.�i--[+•__ :54.i./� '1 ... IJ� ,,l LJti p tf i i 07, 4 somomm, �/J Ol AGRICULTURAL EXTENSION North Carolina State University SERVICE School of Agriculture and Life Sciences Address reply to: County Extension Office P. 0. Box 268 Wadesboro, NC 28170 October 6, 1986 Mr. Rick Revels N. C. Dept. of Natural Resources & Community Development Suite 714, Wachovia Bldg. Fayetteville, NC 28301 Dear Mr. Revels: On Saturday, October 4, 1986 at Keith Edwards' hog operation on SR 1600 in Anson County, North Carolina I witnessed Steve Thomas on a bulldozer destructing property. Mr. Thomas burst the dam on a hog lagoon allowing the waste to flow freely down a draw and into the surrounding watershed. He then proceeded to push new soil into the lagoon making it smaller than it was originally. I took several pictures of him filling in the lagoon and the waste flowing out of the lagoon. He asked me who told me I could take pictures; I told him I could take pictures whenever I so desired. He told me he would take me to court for trespassing. I asked him if I was on his land or had I been on his land earlier and he said, "No, not yet:' I asked him about the waste flowing from the lagoon and he looked'at it and said, "What waste, I don't see nothing." Then he told me that I could not find it (referring to the waste) because it was flowing away. When I last saw him he was pushing soil over some of the area the waste had flowed over. I don't know how much more soil he moved or how much of the lagoon he filled in because he was still moving soil when I left. NORTH CAROLINA ANSON COUNTY I,, lreyldcL I� CQ�flen`2.Y a:ltibtary Public for s id County S4 atb.� -.do herby certify that Sincerely, 06uj;e. ovv/o�, David L. Dycus, A sistant and Agricultural Extension Agent Dycus personally appeared befoe me this day and acknowledged the due -execution of the foregoing instrument. GI tn6ss;my hand and official seal, this the 6th day of ^October, 1986. mrlaission expires O(o- 3b- R I nl 1 Q111L?�Y1-QJ� Notary Public Cooperative Extension Work in Agriculture and Nonce Economics A&T and N.0 State Universities,100 Counties and U. 5. Department afAgriculture DIVISION-` OF.- EMROVKHRUL FAH I F It' T M , - • • �jr r �`y� �Y•^ y� - • ••`N a.'`1 1 , i .• j ` •. ..- r 1• S• '• y , :'fire K�aith-Sdwardn •• i UvAirds Has Operetto zitonp Worth Carolina ., 26125 • L -GUWkM 'Maintenanci of, Lagoon ,;, "Keith gdwards:,gng .Farm ; Anedn, County W Bd Dear 14r. Waras� • : .•..- is .:' .. ,. - .,, •,• -This letter is to._{notify you that your hog farm was inspected 'on . .. _March 51, 19g.S b'y 'WAicky "Vels . and Mr: 'Paul RarMla of the Psyetteniile Regional Office.in re.sponss to a complaint:''It'wna noted, by the *investilgators: �'.. ' that the lagoon was completely' filled With no, additional. storage capacity ti available. It was ,also observed that a, smell amount of waste dater' was leaching from the dam. ; e `,• . :.71 In -ragard to the letter sent :to you dated Apili 241, �1984 concgx[nirag direct discharge'of animal wets to surface waters, you` iere iidvis6d that ea msures. should be 'taen kto aliminats tho*,d.isehargi. In . the .ewiilt there is • , , , ,• a • dischaige • into surface waters resulting in : r"ater quoltty standards viola- '`. Lions. this office would'.have 'no •sltarnstiva but to xecomm4md an enf orc Lit action. -It is .requested that, Immediate. massusea' be -'taken" to lower the..leval , in . the • lagoon so as to -prom � a future discherge.` `' IC is tscjuas�ad that you ' ' -advise, this office :no, Liter 'than Maich 15. `1985 •regarding, measures that you propose to 'taks to Prevent .sn .6verflbw.aud' eliminste, the . siapager 'if .you have further qunetions regarding this:matterp."pliasb do•not,healtato t to -contact Mr.' $evens at . tha following address) • Buiti,' 714� Wachovta•' Building, ; Fayetteville, RC.' 2e301,'tel•phon$ (919) 466-1541:. ' • :�'. .. - .. . - lie. J. • Nomad - - , .. •• . Regional Supervisor, eel' Anson County Agricultural Ut. lei '8arvics - .. ! ; ,' , r + _ r ,f, + • Ott'. � { DIVXSXON• OF INVIR017AtMAL t MAM Mf3NT ' ` w Mr. Steve Thuaaaa t • r ; $outs Z, Box- 104 ' ► �' ; ' t Polkton, North Carolina. 28125 8118.TEIC'I1.' Complaint vivistigatiun ;r KsIth :t6a►rds Rog. t:agoon ; a ± , Anson, CowiAty Dear .Hk .'Thomaae kq• ' + (1• `;` This,' roferr�a' t' a, ;compliAnt tuvestigation.saAda by tire ` Ricky ReveJ.e acid Hr. Paul Mils of- thin oi'fico on Hirch' 5,,,1985.' 'It A""' obbQrved onr.the ` dato of this isispection` that,th©ra yaa no direct'discharge of aastawater.•inite the our ece r�atora Pram°;the �rasce holdinM agaan, ria r r,:`it Was leafed that : , ' ';L-the pcu l wasJull. ceiid. sanj� a'jr�oe bCcurring. through' the .daiu, lift •thcare �issi, rib ai 'wastawator reactiing curl aco .Wataro.-- In. risgaid'. to thu condltlons that .,were ` • observed, I Ctrs advising - Mr. 8d+rar�a . by. lattax that the • lagoon shouM •.be maim+uiiiod at a leva�I-tn" pra rent iin overflow ;into surfa6s wntexs. ' F Vim regard to thin ratter • that `a portion Vf 'tho lagoon, is 1,ocated •ori , your ,.property, you', ehau]d �bo adJvfsa �t apt anyaction tal�an by you, �c1r ae ,drai;Li=g s the' lagoon, that timid ain`t 3u,.i�a�t v�►ti�r' eat©riug ' surface' vAtiirs �voul&bii r, in v1oLtion "of -North i;aral u► `Q�ansial 8tetuts 143-215.1; : 'In- the event .'that, this oenurrsd ybu would be qusj ect ' to , an dnf orefteant action by, this. Dlv"i6i If qou have further "questions regarding this ratter; Olaarsa ,do not .haoitate. ' ! to "C.Ontact Mr. Ravels at the fo irig address: '.'Suite 714; Nachovla, ;building; Bayittaville, `NC ?$301,''ta7.aphone • (9x9), 486h1541. , • 5 t , a `- ; 4W jo7_,"' BY ORIGINA MMON Me" Je, Noland • '' >, x. i ,.' + r ti , •yr , , il��i�{i6L ':Manager !r Y � .1 I a - t � x 9'ry, . tG, c , RR?fc ! . - Il�.ihr r s• ri•t i ._ - 1 ,., cas ' Ansoni County Agricultu ri I Uteneiais•" Service' '� •. 1 i i ! ,- � tit , -, / , _ iR.• ,`/ - .' ' ` , - - +. DIVISION OF ENV1R0NM[N W_ .,.North Carolina Department or Natural MANAGEMENT Resources & Community Development °�$�` P.ire r James & Hunt, A, Governor James A Summers. S4cretarr %ieonooe919733-"[,15 DIVISION OF ENVIRONMENTAL MANAGEMENT CERTIFIED MAIL RE VESTED Mr. Keith Edwards Edwards -Hog Operation Route 2 Polkton, North Carolina 26125 Dear Mr. Edwards: Apr 1 17, 1984 i NAY X I984 ENV, MANAGEMENT FAYETTEVILLE REGa. OFFICE SUBJECT: Designation of Concentrated Anima; Feeding Operation Keith Edwards Hoc =arT Anson County This letter is to notify you that Keitr E,awaras Hoc rarm was investigates on March 26, 1954 by members of the staff of the rr"ayettevilie Regional Office and has been desiganted by the Director, Division of Environmental Management, as a concentrated animal feeding operation. This being the case, you should submit applications for an NPOES Discharge Permit in accordance with Title 15, N.C. Administrative Code 2N .0123 and adopted Federal Regulations 40 CFR 124.82(c) (122.54(c) amended). This designation was made based on the following consideration: There was a direct discharge of animal waste from the waste stabilization lagoon and a discharge from animal housing operation into an unnamed tributary which flows into Richardson Creek, a class "C" stream in the Yadkin River Basin. If you can permanently eliminate the discharge of wastewater to the surface waters within sixty (60) days from receipt of this Notice to submit permit applications, a permit application will not be required. If modifications are necessary to permanently eliminate the discharge of wastewater to the surface waters of the State and they cannot, or are not completed within sixty (60) days of receipt of this Notice, a permit application must be submitted. For your information, the following items are enclosed: 1. Code of Federal Regulations - Concentrated Animal Feeding Operations. 2. Three copies of NPOES Permit Application - Short Form B. R 0, Box 27687 Raleign. N. C. 27611.7687 An Equal ODAorturnfy Affirmative Action Emaloyer Mr. Keith Edwards Page 2 April 17, 1984 If you cannot permanently eliminate the discharge within sixty (60) days, the permit applications will be processed. Said permit will contain a time schedule leading to the completion of construction of an animal waste manage- ment system not discharging to the State's surface waters. We know from past experience that excellent advice with regards to managing animal waste may be .obtained from the N.G. State University's Department of Biological and Agricultural Engineering At (919) 737-2675. ' . '+ Permit applications should be submitted in duplicate to the Director, division of Environmental Management, P. 0. Box 27687, Raleigh, North Carolina 27611. Assistance, if desired, can be obtained by contacting Mr. Ricky Revels in our Fayetteville Regional Office at (919) 486-1541. Should you have any questions regarding this matter, do not hesitate to contact us. Sincerely, (� W. Lee Fleming, r�. Chief cc: N.C.S.U., Biological & Agricultural Engineering Anson County Extension Service Enforcement and Emergency Response Fayetteville Regional Office ! .DIVISION OF ENVIRONMENTAL; MAMGEMENT J .. April 1 t, 19g4 , !1'Edj 0.R AA D•U M ; t. TO Lee Fl.eminq;, Chief Water lual ity. Sectson FROM', M..J. Noland .,Regional Supervisor - Fayetteville Regional'Office SUBJECT: ' Swine-Faedlot Investigation• _ Designation of Concentrated Animal Feeding Operation ` Keith }Edwards'Farms' ' Anson County On • Monday;,,Aarch `26. ,1984. Mr.-. kicky Revel s. Environmental ' Moni tors ng Technician, ._Fayetteril le Regional .Offi,ca, conducted, a complaint investigation regarding a report that -had been received by this office of wastewater being. - discharged from a waste stabilitation .lagoon, into Richardson Creek„ at subject - faci l i ty. - Mr. Revels' investigation` reveal ed 'that on Mar`ch' 26, 1 g84,' a discharge from 'the lagoon thru ;a flushing.pipe_"ta an ,unnamed tributary _into .- Richardson Creek anda discharge from an anima] housing unit by means of a p1pe� ..to another unnamed tributary "to•Richardson Creek was in progress.. The owner of `the swine operation,. Mr.=Keith.Edwards.-was present on the'day of the investigation. _ Mr. Edwards was told by Mr:" Revels that said dischirges,'must be stopped and. that further information would be forthcoming.concerning concentrated animal'. feeding operations. The investigator had previously ,visited the' operation .in question'on ' August 25 and November 30,. 1982 at . which time no, violation' was . otiserve'd. The,. ' . Edwards family had been ' informsd that i f �' a d,1 scharge -were -.to occur, corrective action would be. necessary to ,cease the discharge:: s During the course of the inspection on March_26, 1984, the following: i deteraiinations were made in accordance with N.C. Administrative'Cods 2U.0123 _ Jb (3) for a concentrated animal •feeding' operation as described in 40- CFR 124.82 c (122.54(c)-amended) which covers„"facilities-on."a casa by case determination. Edwards' hog operation houses currently.150 swine (less,"thah"300 animal.�units) weighing over 55 pounds. (A), -(I) A discharge of`wastewater does occur to the"State's surface waters through'a waste stabilisation lagoon having slow-level 'outlet pipe anda man-made conveyance.., : '(8) (1) ',The operation houses approximately 150. hogs'and. has..two continuous, discharge points, with ore of the two having the potentia11of re moving the ,complete.amount of lagoon waste:" The' lagoon i•s• '' approximately,1/4 acre -In sine. Lee Fleming �.. Paige 2 ; (1i).,' The operatign'�is located approximately; S00 •feet from the States '.surface waters,,an,unnamed tributary to.Richardson Creek, -a class 'CO.stream.in the Yadkin River Basin. (III) Of the., two , poi fits of: discharged :waste., one ' 1 s an outlet.:plpe. in the lowest .section of 'the .lagoon. that goes into i.-man-made ditch i to'State,surface waters. ,The other-dlscharge.point is a pipe coming from:the housing operation, then going across land- v approximately, 150 -feet and into a main -made ditch for ,apprroxlma�tely 3501' feet tfien `into surface waters of the 'State. . (iv) The degree of slope -surrounding the lagoon diverts'surface rains from collecting in the lagoon. The topography'and vegetative ':.cover:will.have little'effect•upon.prevehting,the discharge from reaching. -surface- waters: r (v) The discharges�.from.the operation can be elimihated'through minor changes and adoption of•a waste management program.' r, (vi) - A -,discharge of pollutants. doea�occur from -other, than a 25-year, s` 24 hour- storm event -that does result in a water. qual ity violation for the fecal col iform standard.. The ,fecal--.collform count is 690/1,00ml upstret►m,from operations, and. 290,000/100ml w downstream -of the'two discharges'from,this operation. Based upon -the evaluation conducted by -the Fayetteville Regional Office In which 1.t was determined that a discharge was occurring and the above noted- "fecal cvlifarm counts It is,recoa7mended that this.operation-be designated as a- concentrated:aniinal.feeding operation.. 1 A transmittal memo .has • been prepared -,to be sent ,•to Mr. `'Helms which. e should respond to whlch.will.authorize the':lssuance•of the.designation letter. . there'. is any, need for additional information: or clarification, please { advise. ° RR: edw 1. i ' _ . • • . " 1 - :- ' .. ' 'n-, // (�f�(�-\.✓/r11t�/� �•'�•i��F�l._'.,."�wr"" .`�"'�SU �\ ( .o-Q v�//��,% �p ��r \ C-,--Z '.'� � �{ hi �.�� %__ �ti.�-J°% t' �. i �+I v(I� �1 ��F J 'IyriCaya �.� � I fI �'�j� �� r ?°'/ r �j, �•J' (� MR 1lMi /(ram ' �•��` Irn,�� ��� i' 1 oK/1� �v\����`J�/L�\\\ \F\`\ ; �;tl`� 'S'.,.I, i�l:L✓�J" ��"rr \�lo\., �'[��• S� 7 `� �h�rct. �� \ \r`* r ��`� Ql�`N �.I �•\ J \,1`1 (l:J (��� ' n\ �.... %0) L I DIVISION OF ENVIRQMENTAL MANAGEMENT,' �. -'' .• i • •. - • •_•' p.:,. ••\• ' • •� April•11•..1984 .•,, • `r '_ ' •' , . • �. HEMOR'AA;DUI • TO ' Robert-1. Hp1 on • `i . _ . " y . •y Director FROM •W. Lee Fleming, Chief 1 :-• ,:: • Water, Qual ity Brunch: SUBJECT; Designation of Concentrated , • Aniftf Feeding Operation ' Keith Edwards Farms, `- . ; •` .. ' ' .. . ; �... Anson Counter r ' `Attache'd hereto i s a s tntf report 1 nVol vi ng a case by case deLer[si na ti on ' , which was conducted by- the Fayetteville 'Reglonal Oftice'.staft 1n accordance 'It Athr N,C' Admihistrative Code 2N:.0129(a)(3).' was determined that'a discharge of'wastewater is-occuering from thls-facilicy to the surface waters.and the 1... .Fayetteville Regional, Office has requested that this •facility be designated as A concentrated animal .feeding operation:. ' - T i ' {f'' r .' - � it •.1 • '' �'� �':f��.!'t ��'A11��`�t �.fi �t,�{�'%A� k �1�3'�J' pelf +h,`i.,�,��,G+ .{ p • '�'��iF1�rW�-��,'�' r�iti�{.!'�� tl�.��'�P' ''�1�i� �•,alrfi� l�.'•9� '�''�?r� ;1"{i�� 'L���.I'•� �� ;1�i ��V4�il�:i�if�•"1rT. . .!"R {{r':di;t�*�alr �n(r4:{lf,l.�','. LL4!1 'I F �;'1` qIl;?1 �:� 1"': ; �:i!, �3T:C ;i�Sa{,$ '!',�.1.'�, '�; .� �4.y`• f 'e�ll.��-h�._��!`�Afi :.qv CO1Jt; tr r�GjLO;0A.f•;Aj jj' Kt4OU'Ft .lu fJCCt`a.� -.fjrr+r� T 't,;P,'.i131lrt!'�;?iS ' � ,' �• � - ,' +���±i�FW.i +l14 f'''1,�i1�r+i�:'.t �:�+�� �n�t�;��sG!;,'i�:�''y . i 4 5 7 8 9 Ic T3 1? 14 15 T6 17 18 19 20 A P NTT: Aj-ol A RIVER BASIN: 11Ca REPORT TO: ARO FRO MOO. ORO, WoRO WiRO, WSRO,T$ Other Shipped 6y: Bus, Courier, 01hett LLECT S: f� . f i, N.SEPT. OF NATURAL RESOURCES & C�l1NITY DEVELOPMENT LAB NUMBER 00008: DIVISION OF ENVIRONMENTAL MANAGEMENT DATE REC$EVED WATER QUALITY FIELD -LAB FORM (DM1) Recd � from: $us '_Co�)O1Her �C9 SAMPLE TYPE DATA ENTRY BY: t���� -CK.:���_ ❑AMBIENT ❑EMERGENCY ❑SPLIT ❑COMPLIANCE DATE REPORTED: Y ^/• Y 2 - X V BOD RANGE SEED' STATION L ATI N: )f- C4 T'0— rC.',T7r Z-r/"'arJS 'A4dDn% CHLORINATED; REMARK Station Number Gale Begin! yylmm/ time Begin Date En lime End Dept DM DB DBM Value Type Composite Somple Type A H L T 5 B C G GNXX 110% 310 mg/3 Chloride940 m /I NH I as N 610 m /l m - Nickel 1067 u / OD High 340 MR/1 Arsenic Tate f0 US/1 TKN as N 625 m ! 11 Pb- Lead 1051 u / COD:Low 335 n+ / Chi o: Tri 32217 u /I NO *NO3as N 630 I S - Antimony 1097 /I Y / ,y Coliform:MF Feca131616 � 7 fib CXI00mI Chi o:Corr 32209 u /I PO4 as P 10507 mg/1 - 5eleni m u I Colilorm:MF Total 31504 /100ml Ph o h fin a 32213 ugh P: Total as P 665 m /I Zrt- Zinc 109 /1 Colilorm:tub* Feco131615 /100m1 Color:Ttue 84 ^Co P: Dissolved as P 666 /1 ColifornsJube Total 3150S /100mll Chromium:Hex-1032 u /I lAg -Silver 1077 u /I Pesh i es5mcificolly Residue Total 50 m /i C onide 720 m /I AI - Aluminum 1105 u /4 Volatile SOS m /l Fluoride9 1 cngfl Be - Beryllium 1017 /I Scan OT anochlorine 10 m /i ,nt,Fired Formaldeh de 71880 m /1 Co-- Calcium 916 m /I Scan Or ono hos 4toru5 Residue: ended 530 m /I Grease and Oils 556 m /I Ed- Cadmi'u�m�m1027_ - .+a 535 mg/1 ordness:Total9 m /l Ca- Coboh037• •iL 10.dVolatile 1 Or anics Specifically at� � �fI Fixed 540 MAS 38260 mall Chromium: 1E0v34 H40 units Phenols 32730 us/[ R m nn 99���+`ii Cu-Co er•1tt2. L1 �'S /l 1E/ l Scan Bose / Neutral Extroctabi6s Acidity to PH 4.5 436 m /I Sulfate 945 rtt /I Fe- Iron 1045 u /l Scan Acid Extroctobles Acidityt H 8 3 435 m /t Sulfide 745 m /I wt �+ kit Ha -Mercury r l�f` AGE /1 y lM, W RF'� � I Alkalinityto 8-3 415 mg/I, 5 ecific Cond_9s uMhos/cm2 Li Eithiumi132Y�J T '� Special Analysis SoeciFically 2 Alkolimity to PH 4 5 410 MR/I, Biomass: Dry Wt. 573 S/M M -Mag nesium 92 7 m /I 2 T C 680 !t Biomass: Per Ash Free 572 O/M Mn-manganese 1055 11 Scars Acid Herbicides 2 Turbidit 7 NTU Cht o: Peri Flvro 82 54 7 mg/M N - Sodium 929 m / I I $Can Pur eobles Sampling Point Water Temperature('[) D.- pH Conductance Alkalinity Acidity PT Y a125°C IPH 8.3 PH 4.5 PH 4.5 PH 8.3 63 2 t0 300 00 4 82244 431 87243 82242 Set Chi fMetersj Air Temperature(Y) D.O-S Saturation Salinity'1;. - Maas; floating Mats Paeciprtation(In/Doy) Cloud Cover:% Wind D-trection(Deg.) Win Force Severity Beouforl 78 20 301 490 1325 45 32 36 37 1 Hr. Settleable Dead Fish Turbidity Severity Odor:Atmosp ere Stream Flow Detergent Suds Oil -Grease Floating Debris Sludge Severity MatmrimI111140 Severity Severity Severity Severity Severity Severity 50086 1340 1350 1330 11351 1305 11300 11345 11315 ;oMI/Revised 10/1171 i 1r A B COUNTY: Jj Is 10 RIVER BASIN A REPORT TO ARO rCRO, RO. RRO, WORO WiRO, WSRO. TS Other Shipped by: Bus, aurierr Other �� r BOD RANGE � SEED= K EPT. OF NATURAL RESOURCES & CtIIIIUNITY / DEVELOPMENT LAB NUMBER000tlB- 1(4 DIVISION OF ENVIRONMENTAL MANAGEMENT DATE IiCIEVED WATER QUALITY FIELD -LAB FORM (OM1) RecA''b�� I From: Bus�;Courier-*Other _ SAMPLE TYPE DATA ENTRY BY:s 13' 1 CK: AMBIENT REMERGENCY ❑SPLIT ❑COMPLIANCE DATE REPORTED: _� �- �4 _ y � r STATION LOCATION 'tl �i , � rr..,lj C n . 3 T s/ x '. '_ .! i%ITi1 CHIORINATED- REMARKS, Station Nu -bet Date Begin yy/mm/ ) Time Begin Dote End Time End Dept DM DB DBM Va ue Type Composite Sample Type 174 0 3 �.� A H L T S B C G GNXX 00131 3110m /I 61oride940 m /i NH3as N 610 /I Ni - Nickel 1067 u / OD Hiph 340 - /1 Arsenic:Iota 1022 Vail IRN os N 625 m If P - Load 1051 u / COD Low 335 mg/l Chi q: Tri 32217 u /I ROZONO3 as N 630 m /I S - Amim n 1097 u /I Colilorm:MF Fecol3i 1 /'I /i Omi Chl o:Corr 32209 u /1 P as P 70507 nt /I Se- leni m 1147 u I Colifor MF Total 31504 /100m1 Ph a h tin a 32213 u /I P� fetal as P 665 mail!, Zn- Zinr 1092 tt /l Colif rm:Tube Feco131W5 /100MI Color, True go Pr -Co P`.Dissolved or, P666 m /I CoGiorm:Tube total 3150S /100m1 Chromium:Het_1032 u !I A - ilver 1077 u /l Pesticides Specifically y rin Residue Total 500 m /I Cyanide 720 /I Al - Aluminum 1105 VIM Volatile 505 m /i Fiuoride951 ..mg/I Be- Ber IliumI012 r /I 'Scan Or anochlarine Fieed 510 mg, I I Formaldehyde 71880 m`/I Ca- Cate ium916 m /I Scan Organaphosphorus Reiidwo7&soendoj1 530 m /1 Grease and Oils 556 /I Cd- Cadmium 1027 u / Volatile 535 m /l Hardness -Total 90 -mg/I, Co- Cobalt 1037 u / I Organics Specifically red 540 mg/1 MBAS 38260 rn /I Chromium: ta11C34_� tt. �VIF H4 units Phenols 32730 u /I u-Co rI1D4 ] {.. y 1 i I Fr Scan Sass / Neutral ExircCtOblEs E Acidit to H 4.5 436 m /I Sulfate 945 m /1 Fe- Ironl Scan Acid Extractable5 Acidityrn to H 8 3 435 - /1 Sulfide 745 /I gyp H -Me _'P 4 y !I 2 -• Alkalinity to 3 415 n+ /I Specific Cond.95 uMhos/cm Li - ithium 1132 u /I Special Ana sis GifiCal 2 1 * (� Alkalinityra H 4 5 410 rn /I Biomass: Dr Wt. 573 9/M M -Ma nestum.�9'de7' 1'M:1�1�1y"1Gad�-/T 2 C vFT7r;VILU latC� �+ A TOC 8 rn /[ Biomass: Peri Ash free 572 9/M Mn-kiar�eseS09S II Scan Acid Fierbi[ides 2 TvrbidH 7 NiU Chl oc Peri Fluro 82547 mg/M No-Sodium924 m /I Scan Pur eables Sompting Point Water Temperature('[) 0. pH Con uctance Alkalinity Acidity PT at 25% PH 8.3 PH 4.5 182244 PH 4.5 PH 8.3 2 10 300 400 44 431 82243 82242 Secchi(Meters) I Air Temperature("[} 0.0. % Saturation Salinity Algac_Floating Mats Preciprtationtin/Day) Claud Cover: % Wind Direclian(Dep.j Win Force Severity Beaufort 78 20 301 480 1325 45 32 36 37 1 Hr. Se"Irroble Dead Turbidity Severity Odor; Atmosp ere Stream Flow Detergent Suds 0-9:-Grease Floating Debris Sludge Severity Motrer(rnmIN .l .Fish Severity Severity Severity Severity Severity Severity 50086 1340 1350 1330 1351 1305 11300 11345 IIN5 �pMT/Revised 10J8"t .71 Y,,,t. ., yy •' ' •'1 '� • ,Yy � .. t•f hl' .. . ' ' ' • :.. r1Mr + +.1 , � 4•F • rF ,'tir ' n• .1- Iw•4-" - • DIVISION, 4P EWIIt02 IMT. AL 14}1NAGEMMT •• ,'1' 9 ^ tip. 1 _ , 1 i ••+F,' . .. Hr.- 8tove••Thomas _ ''µ. -; -'i F e ~ , ` • - .}� '1. 'iW - Polkto ; .Woirth "Caro] iaaa 28125 r ', t ' SUDJ=, l Watar-Quality Cbmpltiint ,• . ' ]Keith Edwards Hog Lngoori,• PoJ.ktoa,= North ca n4ina'• i Mim County Dear. mr. . Thob as : • z -. In 'ragtucc9�'"ko your ..discussion with -Mr:•' Parker of our Mooresville ,,Regional . 'pifice aQncsrning receiving a., copy -of "than , jaait: complaint .investigation" of . ;' • �• Mr. Eftarde." hog 1'asgoan; n copy of , the %inbiaiigakicn. report is encloved. Also should you observe* disaharge:..fiot the.jagoaii,adviaa our offices r immediately. � , be of fvrthor, assistance .'to youAn thLs`;marter�- •pieiei do , ,. notphaaitatacl.tcs, ccsntaCi .:fir. _' '" Cjy R�evaels i:n Fayle�ttevil i:i eit-telephoh® riumbor • a '(919?, ciei�"'Z541., ., .l4 fi. . , _ • � .r �,' ; 4 • .: ". S LGNED AND :. a. Regional.SupQrvisoac ,. Rivir t ' •4 _ `'I Enarl,�ecura� � f s~ ''... - .�, .♦ - - .� E i.: _ V . .., 'r �� fir,,, �'. • •' . - • ' . •. +•' ,4. • ', , , • •. r < 4 • - Ifs .', i Ir. t .. :r. DIVISION OF ENVIRONMEPf'PAL MANAGEMENT December 20, 1982 MM40 TOt Files THRU: Dennis R. Ramsey, Regional Supervisor nayetteville Regional Office FROMI Ricky Revels, Environmental Monitoring Tachniclaii Fayetteville Regional office �,21 SUBJECT: Hog Waste Complaint Investigation Keith Edwards Hog Lagoon Route 2 Polkton, Anson County On Friday, August 20, 1982, a hog lagoon complaint was reported to the Fayetteville Regional Office by Mr. Steve Thomas, complaintant. Mr. Thomas stated that hog waste ran out of Mr. Keith Edwards hog lagoons on a regular basis. Mr. Edwards' lagoon is located beside Mr. Thomas' property. On Wednesday, August 25, 1982, Ricky Revels, Environmental Monitoring Technician, procedded to the hog waste facilities of Mr. Edwards located on State Road 1600 near Richardson Creek in Anson County. After finding out additional information from Mr. Thomas, the Investigator proceeded with samples and a loots at the lagoon in question. The Investigator could not find evidence of run-off. After the site investigation, the Investigator proceeded to Mr. Edwards home for a discussion about hog waste practices, but did not find anyone at home. The Investigator later called Mr. Edwards and Mr. Thomas many times to no avail. On Tuesday, November 30, 1982, a return visit was conducted by Kr. Revels in which the test results of the previous visit was related to Mr. Thomas' mother. The laboratory results indicated that no fecal coliform violations were being caused by the Edwards operation. The Investigator still had {questions concerning Mr. Edwards hog waste operation. The Investigator proceeded to Mr. Edwards home after talking with complaintants. Mrs. Edwards stated that her husband was thinking of moving the operation, which houses 90 sows to their home place or buying a spray irrigation system. The Investigator, Ricky Revels, in- formed Mrs. Edwards that hog waste run-off from the lagoon in question was not permissible and that as long -as no discharge occurred and the waste was handled according .to good agricultural practices (spreading or spraying), there should be no problem. -2- �/ M Yt is recommended that the Richardson Creek area around SR-1600 be rechecked as time allows. No additional action appears necessary at this time since there Was no evidence of a discharge from the lagoon. RR/gc f�� - 4 •,\ . ` - r r •J• - • , • • J _ ' •rr • • •' it •'.' -. , l' {• .`Y I,r _ ?r', • 1 .t • 4' ` ,' • s .,. . * *r ., , f', •,`, , •ir 'w . fir _ '. ,r. •, AIvIsiow OF- tNVIROD1MENTAL MANAGEMENT March 1,. 19i1 - � r ', . _ 1. • l , mil• � r '' - � .. , L P Mr.. Steve Th6kaB`.`- ,, . Route 2, -Box •10A - a �Polkton, North Carolina 28125 -SUBJECT: Water Quality Complaint- r ' Keith. tdiards' ,1*9 Lagoon, Route 2 ` _ • - ' ` , Polkton,. worth Carolina _ Ansoii .County •,`; Lear Mr. Thomas; i in regard to 'your discussion with Mr.. Pb rker'of' our -Mooresville . 'hegional , Office concerning receiving 'a copy of the, last .complaint inr.estig"ation of Mr. Edwards'; hog -lac, a copy- of the investigation.report is enclosed.' Also'shoul,d yourobserve.a discharge from the lagoon, advise our office f -1 mediately. ' =;;, •. -;'.-; If we can }el iif. }further aodistance, to ,yoW i.n this,"matter; ,pleas® do ' not''he8itate : to contact Mr. .Ricky Royals in Fayottdvilla, :at teleph6ne number' . r Sincerely; - ` 'Oat �IGNED-By GNAL r - , tip. 3: 'Noland � Regional survioor, Enclosure ' r r' '• . . •fit `�- ' J ;, . �r ' 4 , I �. •' .i€ • r - i' .!• ra..� ��� ..`yJ L3f �..�.r i��, j.F , ` a-_ y� J_ .•`n t✓. t r J ^r t. t �t ;.� �".• 1 Lr4 .1 • x � - 1 • - .16 ^ %�,• i r' C. C� 4 J � n•1x t' t .yl • i � +• .'r i t�i{•` , Ti�.{D " ` r y1i r' t ' • t"' *y �1"L 0•• t5 ��1I1 � wJ4 J !, ,J /, y a r r r , !h I •^1 a u ' I 3k. +. ''4Y A �. �'r"�,�Y , 14JA. �'•t�4�' ., f't a; '� i • y i•'1 it µ, rF t �' I y J�. Y� d;� •Ar.b ,Ati e t t 4r • 1 t M a 7., Ii` 3,j.AR {� y� 1t i1' �♦F '4 _ • , •. r J S , ^. _ �a Y _ t -r$�bT • R1 �a.� �iLVYC�y / 1 r • ♦ - 9 T`E i ^ -'n' �+• ni [?• a>.-,....w.., i.flx v.. 171 1 r' , I.. t v "�I p _ 4••r, .f+, p A; f.: 4 � (+� Yd, n , 5 � 4'�. I x • t i,:: � N ..>A `�'�r{"5 t X'' "x{f•, �`e7 ,•`• 61've�`y 3 •n�,t.v s ^W t tw •_, et , Vr#r: , M D., J. t' �, } si r , T r -' t t 1 : a - `t a Jp tit ' -- x.' •;r't f t a !W, a. ' n -✓ 4 ! ^• l'Yar 1 C '. ! r TY ! i •i' k� k � .d A 4 s -Aprl.1Y } Y '., ,}„ I,'. a T 1'i x rµ ! F. � ,l � •rh !M1 +,• n f " " I. T ,I i i ', r Y�I '� , I ,,. JS }+', i.O;ItOeG - a't ^.�{, f�'tia` v ^ `. .h •� J1 'f�..� m t`.,• ' v '• 1C 1 �•. y'`:." :�'��,,• JPdTktbn,"Hotr`Ei► 8�.'AB^i� r� + r a. ,.r i o'an in �' •` -t • .a ri i t T t .� ,. :.•,4 I3ui�$ev T11e, Anson Cpdin-ty O 'ApFrodcha s by' he' Depas �deiat ':�_ oP rtatura1. ;Rebovroes ,and 'Community t avolopm�bt.;pnd .n&s_'baen ihfortn©d thatlh4 diy dye liable Pgyreeepa�er 4;pa,;ar hod x, ;: ,>iltt�;goX► tAvPned ,bY tau Ao.' qou • kpgcs, this bo�+il�tsc►oa•=roes place;i Hy, qou upan.;l.:r 't+ema�' •pr4rtyThomne' appro� ¢l pr< , onaokl t In the t tlQpt that tiheta is' A •problem ^' with, tbo lagoon, uk �'ho�as dgob dot elievo^ t at''h8 mould ;,{ bg liel�le for go1%r^..,nogii�egCe. 3't ea Y f1 6 .. ..t aar'. r,^..[.r 4 y . l .' ..aT r - t Lt is - . .+.. u , �• fr defiaad thaQ` tbH hp.� lagoon • be ~-romovofl' T> t,cilate�ly{ Iin ck{ J4AA't-1 us. :to maintafi�'th lagooa ag4id►6t ,Mrt 'i'hd�ias':idaned ,G, jou, will" " (a) bo " probl©ms that occuxi, apt➢. (b) ybu k9i11 b4 ^1i0.b1p PQr any d`amnges tO:.Mr. 3'3soi�8'iroperty'; end .(;C)` be 8�1bjAGt toIr II be to. fir. Thomas .Por goer .utilAv�i`ul trespass t: " 't•is(„ a}_ Lys ." Yy S. I .H ,t,kC� ` l ""' ... , ""V A•la'Ji• -i, •;ri x, it•.- + d.v r, ,,sue c j rs� Ja . ; . , o a very truly. pJL te,. •r � r r r pi f ,,,r d 1� �.fr •} 1 ^ l f' ' ' �+ ~" ,• , • Y, i �YII c tJ � y w '., a � ry Dratc®: f • . • 4 .t 4 • " r'. a ` h ,.t. � < N ' Y f � .0 1 � r i 4 ` 1 ,a t J FrIW* �� ? � �ti.4 •. � i • 4 ,t,' • + `' _ � % 1 A�. C �I'W, Y !` G / Y, .ss. . " s. -� l ^ A-.7' \t ! . 1 . /r T i\ 3 J. 2 �•o g J : `oc Stl'M1 Steve 'Tb lks t 9 1 r J r r r9. J ,.:. • 1"i eF f r 1 t• i. yTM t' ' ,`'iC� i `a t�'ti ii4j►RrLi, nt. o!'oNstural a "slid Community; banelbpment: ' ' } ,rt r,: r,T !d. JT"SUTbl„Rnd, RegliQna7 • u�ana(ger't ° `, °'i•.' J w ♦ -notAY ; L ,M+i i' ni,y` i i , %tib Y= ✓i `�, ,d,t Ya.`3� .. t�� �i tt�f:.JtlJ "R` ��0." T4. "4v t h-t _ii, a4•.'Li •t'•ti•D 4.„fit N� T` i vYr ���f i. DIVISION OF ENVIRONMENTAL MANAGEMENT December 20, 1982 MEMO TO: Files THRU: Dennis R. Ramsey, Regional Supervisor O Fayetteville Regional Office FROM. Ricky Revels, Environmental Mon toring Technician Fayetteville Regional Office R SUBJECT: Hog Waste Complaint Investigation Keith Edwards Hog Lagoon Route. 2 Polkton, Anson County On Friday, August 20, 1982, a hog lagoon complaint was reported to the Fayetteville Regional. Office by Mr. Steve Thomas, complaintant. Mr. Thomas stated that hog waste ran out of Mr. Keith Edwards hog lagoons on a regular basis. Mr. Edwards' lagoon is located beside Mr. Thomas' property. On Wednesday, August 25, 1982, Ricky Revels, Environmental Monitoring Technician, procedded to the hog waste facilities of Mr. Edwards located on State Road 1600 near Richardson Creek in Anson County. After finding out additional information from Mr. Thomas, the Investigator proceeded with samples and a Look at the lagoon in question. The Investigator could not find evidence of run-off. After the site investigation, the Investigator proceeded to Mr. Edwards home for a discussion about hog waste practices, but did not find anyone at home. The Investigator later called Mr. Edwards and Mr. Thomas many times to no avail. On Tuesday, November 30, 1982, a return visit was conducted by Mr. Revels in which the test results of the previous visit was related to Mr. Thomas' mother. The laboratory results indicated that no fecal coliform violations were being caused by the Edwards operation. The Investigator still had questions concerning Mr. Edwards hog waste operation. The. Investigator proceeded to Mr. Edwards home after talking with complaintants. Mrs. Edwards stated that her husband was thinking of moving the operation, which houses 90 sows to their home place or buying a spray irrigation system. The Investigator, Ricky Revels, in- formed Mrs. Edwards that hog waste run-off from the lagoon in question was not permissible and that as long as no discharge occurred and the waste was handled according to good agricultural practices (spreading or spraying), there should be no problem. -Z- It is recommended that the Richardson Creek area around SR-1600 be rechecked as time allows. No additional action appears necessary at this time since there was no evidence of a discharge from the lagoon. RR/gc R n • f;p= rl ; k �• iL -6T=T : N H: itt ', Fw t'ij 4 � � � d 9 rfm TiFt E7 Tin rl d. t. i[ C A •iLl r t ;V, T « c1Tf TITT aria 1 T rffol+dy Io' 'b PIN u + LTM �� i A(w 1ni1 .� eof ' ,67 ANH1lIOS TAlR 1 `; t f; C?-fln : � s .. °�•: 4' ..F +' Oct Uri ,y A :Y lid P dl. iTa �' TO f /1 k syr• t L �i rpHi!"� � � y+i #fie� ".1kul ^f R i[•1 e' :. 01 t i•, � � % ... yes" Ct,.. K � r# >:i�1 t t %T*7 #T9I T5t p.l rl w * - .nH MOWN 7. i ,... x A Ltt1 $ Cv71 `�" � 4 � 6V3 s �. rT1 �' 1 O t w.dii r >,d°p. J` iY'�\ i TOY am�dnY ir. � i d •4S#f � �' � [ L �'� i, ,. 6 .f i � dr.+. C t 3iiY j • ' 1RFT C Tlil r TMTw F'i1 ♦t LK ySfi R iC#S • a .rm G t ToTTITT �� \ • -� 7 r X 'tD G 3n1 n t. KiT a� t 1 O+ r tr �T tf � IL'N q"as+cd lob, Ic r ll flflllM�0j R T7[ TfrIRLL'irt ! 1\ G7n tTi� A .l] L r Bit t• ► 0Sl r LCiI ♦' np.7 ,�'• h to _ iL9r - ►t91 ,1 t-t 4R -RI Mn o #1 IT t 0 r ., n I SVi / s, E'l ti km 1 a V LtiT �L7 1;�: .,v� ti 43k!Np•Y tf61 rs i'tCen -al TRITM iT d fi ,�Id�d TM i T T Cri 7Rh r ri 1 ct a alit yL � Vim ► �rnw146i M � 6L71 � t 1 � cot IL#1 p�wn� r 6 1 r�w a �J ►., r , � i r r �L ii1 _� ;gj,St ; 1 t TM rrfT� o b `�„ �, r aarl • �. � i, 3 4 5 6 7 8 9 1� li i� i3 14 15 16 17 i8 19 20 4 B C N.COPT- OF NATURAL RESOURCES & CONONITY COUNTY: A "sic, A! DEVELOPMENT LAS NUMBER 00008:�f� RIVER BASIN: j DIVISION OF ENVIRONMENTAL MANAGEMENT DATE RELIEVED=0 REPORT TO* (Circle_ One) ._ WATER QUALITY FIELD -LAB FORM (OM1) SAMPLE TYPE RECIEVED BY: ARCO, , MRO, RRO, WORO WiRO, WSRO, 8M, TS, DATA ENTRY BY CK; OTHER: ❑AMBIENT ❑CORE ❑COMPLIANCE PATE REPORTED: // COI.LECTORFS): k'--c ! [ is �1NTEN5IVE 5. ❑SPlli EMERGENCY SOD RANGE: SEED: STATION LOCATION !\ e t 4 6r r7 !F mAj c /% r-_ Bc, rwiOP;H0_ J�•�'_ CHLORINATED: REMARKS: GI/1 S'4It R rA yri !C r';dL f_d ati3ri-. J70i t4l�rY4 Station Number Date Begin yy/mm/ ) Time Begin Date En Time End Dept(.D DB DBM Value Type Sample Type Composite Ja O's � $ �O 0 0• A H L C G GNXX T S B BOOS10 mg/1 Chloride940 m /I NH3as N 610 /I Mo-Mal bdenum 1062 u /I COD - Hi h 340 mu/Imu/I Arsenic:lnor aniclO2 u /I TKN as N 625 m /I No- Sodium 929 m /I COD:Low 335 mg/l, Chi a: Tri v u /I NO NO3 as N 630 /I Ni- Nickel 1067 u /I x 6hform:MF Fecal 3l 1 1,100 /100m1 Chi a: Corr 322M ug/I PO4 as P 70507 m /I Pb- Load 1051 u /1 Coliform:MF Total 31504 /100ml Phea h tin a32212 u /I P: Total as P 665 m /I 5 6 - Antimony 1097 u /I Coliform:Tu6e Fec0131615 /100ml Color:True 80 Pt -Co P: Dissolved as P 666 :- m /I Sn- Tin 1102 /I j C IilorrnJube Total 31505 /100ml Chromium:Hex.1032 1_ u /f A - Silver 1077 /I V - Vanadium 1087 ugjI Residue -Total 500 m /I C onide 720 ma/1 Al -AluminumT105 u /I Zn-Zinc 1092 u /I Volatile 505 m /I FI ride9 1 /I Bo - Barium 1007 u /I Pesticides S eciF 1 Fred 510 m /i Iformaldithycie 71880 �'in /1 Be - Beryllium 1012 /1 Residue -Suspended 530 mg/l Grease and Oils 556 m /I Ca- Calcium 916 m /I Volatile 535 m /I Harciness:Total 90 /I Cd- Cadmium 1027 v / Fixed 540 m /l MBAS 38260 m /I Co-• Cobalt 1037 ull/I Or anics (S eci( ) H403 units Phenols 32730 us/I Chromium: tal 1034 /I rl--�%+rr► �set•wr�r�e'—L91"'�(l1}y p 1 rt� I hill Acidityto H 4-5 436 n+ /I Sulfate 945 n+ /I Cu-Co er 1042 /I 1 F(! II f� 1 1�1� 1 �24 ljrl iai I Acidity to PH 8.3 435 m /I Sulfide 745 m /I Fe- Iron 1045 u /I 1 R�j�� �l CfW SEP 2 Alkalinityto BA 415 mg/1 Specific Cond.95 uMhos/cm H-Mercur 900 /I 11Ks+:1 2 - Alkalinity to PH 4.5 410 rn /I Biomass: Dry Wt- 573 g/M Li - Lithium 1132 ugll 2 ENV. ANAGEj ENT TOC 68Q -n /I Biomass: Peri'Ash Free 572 g/M M -Magnesium 927 m /I �� 2 yEN tttc7. vrri4l Turbidit 7 NTU Chl a: Peri Flura 82547 mg/M Mn-Manganese 1055 u /I 4TYEVI�.t Sampling Point Water Temperoture('C) D.O. PH Conductance Alkalinity Acidity PT % at25°C IPH 8.3 PH4.5 PH4.5 pH8.3 63 2 -50 10 300 400 94 82244 431 82243 82242 Secchi (Meters) Air Temperature('C) D-O.% Saturation Salinity %. Algae;Floating Mats Preciprtntion(In/Day) Cloud Cover;% Wind Direct ion (Deg .) Win Force Severity Beaufort 78 20 301 480 11325 45 32 36 37 F Hr. settleable Dead Fish Turbidity Severity Odor;Atmosp ere ISIrearn Flow Detergent Suds Oi -Grease Floating Debris Sludge Severity Matter(millIM0 Severity Severity Severity Severity Severity Severity 11340 0 11330 10 , 0 � 50086 1350 1351 1305 1300 1345 1315 DMI/Revised I/B)LA i 7 3 4 5 6 7 8 9 IO 1] 1� 13 14 15 16 11 18 19 20 4 B Cr Y + N.0 PT. OF NATURAL & COIONITY .RESOURCES COUNTY: 14sa nl _ DEVELOPMENT LAB NUMBER 00008: RIVER BASIN' DIVISION OF ENVIRONMENTAL MANAGEMENT DATER CIEVED: REPORT TOt (Cir to One) WATER QUALITY FIELD -'LAB FORM (OM1) SAMPLE TYPE 0 RECIEVED BY: ARO RO MRO, RRO, WORO WiRO, WSRO, HM, TS, DATA ENTRY BY: CK: ❑AMBIENT 11 CORE ❑COMPLIANCE r f ^, R: DATE REPORTED < COLLIE TOR(S): � �., Ci ,I lS ElINTENSIVE S:' SPLIT. EMERGENCY BOO RANGE: % SEED: ) 4 L CAT - q'�l^rsr�/46-rd f... Gi� IHCy71& nF rCDtC ✓F CHLORINATED: auswl 5 ► eo Ale 14 4 REMARKS: t� r.w �T Station Number Date Begin i yy/mm/dcli Time Begin Date En Time End Dept fpµ'DB DBM Flu* Type Sample A H L Type a C G' GNXX Composite T S B BOD5 310 mg/1 Chlaride940 m /I . NH as N 610 mg1l Mo-Mol bdenum 1062 u /1 COD. High 340 -9/1 Arsenic Ariar anic1002 u /I TKN as N 625 1 No- Sodium 929 m /I COD:Low 335 mg/Img/I Chi a: 7ri=7 u /1 NO *NOi as N 630 /I N"r- Nickel 1067 u /I �f 7S Coliform;MF Feca131 16 16 /100ml Chi at Corr /I PO4 as P 70507 m I Pb- Lead 1051 u / ColiForm: MF Total 31504 /100ml lPheophvrin a uA P; Total as P 665 ma/1 u /I Coliform:Tube Feccr131615 /lOOml Color -,True 130 Pt -Co P: Dissolved as P666 m /I Sn- Tin 1102 /I Coliform:Tube Total 31505 /100ml Chromium: Hex.1032 R /I A -Silver 1077 II V -Vanadium 1087 u /l Residue' Total 0 m /I Cyanide 720 mg/1 Al - Aluminum 1105 u /1 Zn-Zinc 1092 u /F Volatile 505 mg/1 IFIjorid&9SI mg/I lact- Barium1007 u /I Pesticides S ecil Fixed 510 m /! Formaldehyde 71880 /I Be- Ber Ilium1012 /I Residue:Suspended 530 m /I Grease and Oils 556 /I Co - Calcium 916 +n /I Volatile 535 m /I Hardness:Tota1900 /I Cd- Cadmium 1027 u / Fixed 540 nt /I MBAS 38260 m /I Co- Cobalt 1037 u /I Or anics (Specify) F1403 units lPhenols 32730 n /I Chromium:Total 1034 uall, Acidity to pH4-5 436 m /I SuIFate 945 mg/I, Cu- Copper1042 /I LV(kiJj r, Acidityto H 8.3 435 mg/1 Sulfide 745 m /I Fe- Iron 1045 u /F 1 ��ly F �+ Alkalinity to PH 8.3 415 m A Specific Cond.95 uMhos/cm HQ -Mercury 71900 /1 J��(jIl1 jf SFP rtfis..w 1 fli I Alkalinity to PH 4.5410 mg/1 2 Biomass: Dry Wt. 573 B/M Li -.-Lithium 1132. /1 - t� T C $ m /E 2 Biomass: Pori Ash Free 572 g/M M 4- nesium 927 m /f 'r ENV. EN Vlc. AAA Ki A f-tA A ra r- Turbidity 7 NTU Chi a: Peri Fluro 82547 mg/L% Mn-Man anew 1055 � /i f i , ' � V � i� :�i�C1/"L' Sampling Point PT % 63 2 50 Water Tornperature('C) 10 D._ 300 pH 400 Conductance at25°C 94 Alkalinity ''-; PH8.3 p1i4.5 182244 431 Acidity -4,5 pH8.3 62243 82242 Secchi(Meters) 78 Air Temperature(`[) 20 D,O.%Saturation 301 Salinity%. 480 Algae: Floating Mats Severity 1325 Preci p i ration (in /Day) 45 Claud Cover:% 32 Wind Direction(Deg.) 36 Wind Force Beaufort 37 1 Hr_ Settles a Matter(mI/11Hr.) 50086 Dead FishTurbidity Severity //�� 1340 [l 11350 Severity f ! 10dar;Atmosp ere Severity 1330 Stream Flow Severity 1351 Detergent Sud s Severity /-� 1305 C/ Oi -Grease Severity 1300 Floating Debris Severity 1345 Sludge Severity 1315 0 DMI/Revised 1/81LA