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090039_ENFORCEMENT_20171231 (2)
ENFORCEMENT Department of Environmental Qual Case Nllli b I' �. I 'i l�ttarll►� - al���lrio]'i��YI�:1h�i�ifF:�i :fr3�.�""1� 4 , 1 ,mli! f IIEliu:` .''� `:''�- :.�>tp�arr+at�..NyaSto-la{:� kfi"�C; i� I ',��iF.bAd�Il :�tCo�ill Ad r •ti ( �i���� .Yol►F1�{o711nT> ;1� {: t „t A `t i 124 i yslIFATOTI 1��A�II!IOrilr�ii,}a�f,V,�l. ��� l�i���:`h�i�'o�►� � , i lntojh>liilCa> Vko MYol i'fkw [(�'ll�tr�wcii'iFi�l If1�l�fll;Z I1AR i{ 11> ik' ft"4ntAj,w %aboloull 114,10141ua: i�ablf�'uIR-T�'o�dh7agl {[ isri={�= 1 C F � rrk . 7 � rk -.eA,u h• r . if mtlu, �rwjeVumpp�LY��,,yW�IS r - ri�k4�l]1�1a�.��''d���.Yi f;►1hl:lk��p�rw�n;� � �`Vw �i� �,� Y Y 9 �y • 1 11 ♦7c�tf.T1E�1.1i►]] �i?L_�,�,4.S1N7...t,S.Sdf.14�Fi1.I..STdT.�� fl. I V4'I f J 1 Iltriolo, lVoiOUst4wil 77T 1I&AdAi�:ilulC! ,,�ctt+aoiefl h rl Fi il\ 11!vI+,IMI•F�ll-, k1�tGi•7i+:[;iA!<i• ♦ e I�. _ .. - -- .. _�. . _- � .�- _— ..... ��� I�.L�! 4�.J � , � --�-•-- ..... . � is , . d i j w� �_ .�..,..,.._....... .. __.. ... �. 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'! � :',% �_v-•f - "'� 'Sr\\ ' '� % �..,` i li ! �, i� _1� El ;rl ,r� ij '` i •\, '\ \` - r = F i�,,i ..._..., ,..�-,;. -�-'•`\l I1 J � v1:/, Imo- t' ��, �.. �1C, r' i j, � r � r f / �� ) -� /"•'�, f •:J ,/ _ ...._...__ n• / i ` .�i ) ,�",' r I' � ` m / ,•-. � `�.� •.� ice` j�) 'V �� ',n �4 rr•1'`r``i�' P. { �� � r•,:.u,_ 14 / Ida: �J', 5` � ...�' �i' i 'f` \rll �:,i,. r `� /•r/, �,r 03 J „ lea G� a/��p o b� a � rS /��°° 12A 3 �,5 --3 Ar cs -3 Z'5ex-,," -'� /, /0 1,15 n J� 6C) C) /,/o -3 a oo a. ob /,3() ),�o ? 30 LAI' su3 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 'DER fez 7.� — �.� ,�. .S •_ i :''DAMES=.8. !-HUNT JR r :. �.?GOVERNORI DIVISION OF WATER QUALITY F'AYETTEVILLE REGIONAL OFFICE Division of Water Quality April 10, 2000 TO: Steve Lewis Non -Discharge Compliance FROM: Jeffery Brown 1 /0 Environmental Engineer SUBJECT: Enforcement Package Mitchell Norris Farm # 1 and #2 Facility No. 09 - 39 Please find attached a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for you corporation regarding this matter. If you have any further questions or need clarification on any details please contact me. JB I Attachment PlIft y! �t. W i Cat tr Q j� -� r§ 1,� «5 f,•`°, 225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FA% SIO-480-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0110% POST -CONSUMER PAPER FAYErMVILLS DIVISION 817 Castle Hayne Street Fayetteville, NC 28303 Phone (910) 864-1920 CHAIN OF CUSTODY RECORD i PAGE Oi CLIENT NAME SADDRESS: Ar,b WA r DLA ,5"d-p as 5 •f 1(— pre-r-. 5fre�T UV Ile. C oPHONE: PO PR,O/JEECTILOCATION: I ' [ l7[C AG 11 %l��lri"f5 u AOF g T L E TYPE OF ANALYSIS - PRESERVATION CODE CODE: A = <4'C ONLY 9 = HNO3 (ph<2) + <4'C C = H2SO4 (ph<2) + <4'C D= NaOH +<4'C E = ZN Acetate + <4'C F = CONTACT PERSON: ff�� � �C s 0 A �/v % �I'� L 0 SAMPLER: ��11nn DATE 1 METHOD OF SHIPMENT: LAB ID # SAMPLE TYPE DATE TIME COMP GRABS PH D.O. TEMP'C CHLORINE Al 9 A- 0,k a is --g- oo !a .' 15 A A- 4 t- g-co a o V A A- g -?--00 1a: q 0 t/ 1- f c Relinquished ' { ignaturel 1 Date p a0� Time , f -71� Reh wished by: (Sighatugl vA4411 2 Date Time ) MRelinquishe.d 3 Date g Time // 8 � Retinq (Sig s- 4 Da C)W n Time :g y' DatO Time Relinqu ed by: (Signattkef Date Time 5 6 Relingwshed by: ISignature) Date Time Relinquished by: (Signature) Date Time % 8 Comments or Special Hazards: / 6I �' elf �. • V 1 II i` � - j \FBowMV •`n \,,r �/.—' 4 � I i,4- �C�y7•Mny LiS lj 1Be>k •'_ / �, � F a_ - \. — ST TE FC Mi as '', sot '• / �' �lq,•' Little Suoaf Via! - Iv`.BM :ram - / 1 I L^.J• fl 1 1 v IJ \ '. FrrnN, I / 1 11 ,, \ I I s ♦ I , . • I i. r '. ,�� 0 �.. � Mil 63 I t JJ '!I� t1� -.% r - �.�. � - \ � ,.� � (.1� f )' ems'• i ' 'c .: ('� sJ. ®Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 817 CASTLE RAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) http:Hwww.microbac.com CHEMISTRY - MICROBIOLOGY • FOOD SAFETY - CONSUMER PRODUCTS WATER - AIR - WASTES - FOOD - PHARMACEUTICALS - NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. J. Brown ACCOUNT NUMBER: #KNO03 SAMPLE ID: 1. Source - ID #OOWE2759 2. Discharge Point - ID #OOWE2760 3. Pond Outlet - ID #00WB2761 4. Ditch - ID #OOWE2762 DATE REC'D: 02/08/00 SAMPLED: 02/08/00 SAMPLED BY: J. Brown DELIVERED BY: D. Lopez SAMPLE CODE: WW,.Stream, Grab REFERENCE: Mitchell Norris Farm DATA REVIEWED BY :�-A-56 L�-� DATE REPORTED: 02/18/00 ANALYSIS METHOD 1 2 BOD (mg/L) EPA 405.1 606 15.0 COLIFORM; FECAL (per 100 ml) SM18 9222D 43000 74 NITRATE (mg/L) EPA 353.3 <1.0 <1.0 ANALYSIS METHOD 3 4 BOD (mg/L) EPA 405.1 20.9 6.9 COLIFORM, FECAL (per-100 ml) SM18 9222D 25 66 NITRATE (mg/L)� EPA 353.3 1.2 1.36 0 CATS: < = Less than > o Greater than PAGE 1 OF 1 The data and other Information contained on this, and other accompanying documents, represent only the B sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or In pan for advertising or other purposes without written approval horn the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research Fast Track Freeboard NOV Checklist Date Time Onsite Rep Facility Name Mrkbe--Ii Ak-M!; 'n"e Facft Location Z, AY 5,4P Name of Owner Address of Owner A2 A)C -Q Name of Cert. 2p!!rator llwh Integrator Type of Facility (sow, feeder to finish, Number of animals onsite Number of animals certified for Freeboard level 13 Notes: "'Jp Z4ti a ALI -(4b L 3, Vl- 0 00 /* Ll 5'tal 1,k A—/ Inspector's Signature Date cae- oil rug LI 44 k � 1/9�, k-) t y t _} .pia+. }.• -�,r-' T-1%A ,L .� _ . - .a -<f'i' yc._ _- fiy �„ , ¢ i �0'Misioin of Suil and;Weter Conservateon -Operation Re�►iew- t+ b l ' +" V0;1bi*is10n of Soil and, Water Rbnservatlon �kj �°ffF. l,`t•c�'G, °tSi� i�{� ft'l.f� !ff.Il. opIIi. �� I Ir,l iI'ilIl E+E'�-''af!i.(„a,'a�S'l� -:r fi't1'� DlWv,; �lc� 5l,e:s OE:I n• €IOE:-�'.f:4isiWf��.a,� r11. ;a"€iI't' IeEI.Ir�:E, '`Cn. U�l;�,,la�.l-!.t� =s EI1C',i.l.l„ vk .� 1E'Eirl r .!.'[ •=1.Ci!'' kIlxhoIINim'i3: �- p,.:l°i'! ibia>I nE'c cttnom Rance1In"�eo 110tirit {dQperatron Rev t i ,<56�'e, f� I E•4aI¢¢iI!1!4iF�iryi'tst,i�p'd teII� It3 �If+f ttEI �l-rt.of,,roj`t'�ri1:'t:t�it,l.,,i�!i.Is- II -II,.. .°�� i I'�"I}'qr.i�. y�,y�i l lierrf✓i''�3• s"i�Fi::�,aII.'.cn� S« °e �r. Irrt5, ir j4I�.."s.'i��.,i,"Irid'' ' I1irtjt�, `�ffrrIl' A�?}n'`1;�[ t =vip4RE. ' I 1I,.v�; ':'" ...�' : 10Routine O Complaint 0 Follokv-up of DWQ inspection Q Follow-up of DSWC review *Other err r I lull ii,�r�� L.I - Facility Number Date of InspectionU Time of Inspection 24 hr. (hh:mm) Permitted 0 Certified Cj Conditionally Certified a Registered 113 Not Operational Date Last Operated: ....................•..... Farm Name: ............. Aik.11......County: ..........1C!�......�a ............ .. OwnerName: ................. .it.. ... ...... '. t.......,...............,............... Phone No...............'�`... ..... °� 3 5,�............................. FacilityContact: .............................................................................. TTiitle:........................ Mailing Address: ........ ..,�a� �... .!_6C-y.-f 41 J....�! .............°.. Onsite Representative :............1....:.�. T.....,......1 `�d�I l rj................................ Certified Operator:.... Hai C�C +......• If'..`.-----.�eil'/`t.....�........--•---.......... Location of Farm: ..................................... Phone No:................................................... ....... I ....... . �a �r.... rj.c......... Integrator:..... i..:.!�....�!�;�..... r' Operator Certification Number: .......................................... Ab ... ............................................................... Latitude a ' 46 Longitude 0 4 44 Design 'Current Design • Current I Design , ' Current Swine :Capacity, Population Poultry Capacity Population Cattle ' Capacity' �,Pdulation ❑ Wean to Feeder ❑ Layer ❑ Dairy ff Feeder to Finish ❑ Non -Layer ❑ Non -Dairy Farrow to Wean ; q.I ❑ Farrow to Feeder ❑ Other , ❑ Farrow to Finish Total Design n Ca acit ❑ Gilts g P y.'. ❑ Boars Total SSLW Discharges & Stream Impacts 1. Is any discharge observed From any part of the operation? [�� Yes ❑ No Discharge originated at: ❑ Lagoon pray Field ❑ Other a. It discharge is observed, was the conveyance man-made'? ❑YesNo b. II'd ischargc is observed, did it reach Water of the State? (fl' yes, notify DWQ) Yes ❑ No U. If discharge is observed, what is the estimated flow in gal/min? -3._5 d, Dues discharge bypass a lagoon system? (Il'yes, notify DWQ) ❑ Yes 19No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Su I ore b Identifier: t, It Freuboard(inches): ................ ................ ............ .................. ... _............................... .................................... ..................................... ................................... , 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, Yes ❑ No seepage, etc.) 3/23/99 Condaued on back R Facility Number: 0,7 — Date of Inspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4.6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any siuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/ improvement? 11. Is there evidence of over application? �/Ponding [IPAN 12. Crop type "'12j ' � . .'S�h..'C,f'.^ 44^' n CJZ.wI_.5 Lqr=�__] ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No > ❑ Yes 91 No ❑ Yes ❑ No (Yes ❑ No 13. Do the receiving crops differ with those designated iif the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes �No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This "facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigat ion,,freeboard, waste analysis & soil sample reports) 20, Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss reviewlinspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? yIQlp i jgs'op . dertcies -wr re npteo. OiWift (;hjs:vpsjt; • Y:ou :will-teceiye 00 N thot CO' resp6M66e. about, this visit . . . . 7.1L 'C� n.�.r'e.:ia..e, n�..-'.� /n :a..�. i.unr.-m.�.e..�rl-r�47 r...n it..�,':...i. nfti o.•�'nn:N ii� a ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes KNo [XYes ❑ No ❑ Yes ❑ No AL y Sfis V(Sr-t 1M"O +ram r if L UYL ${�E. �j Sj '4e.- , .7 � � �.t�.i,W ' °+p + Reviewer/Inspector Name bit `' t, s.,° "y':4 Reviewer/Inspector Signature: �,�„��,� , .L t...� Date:. 7 Fact ity Number: Date of Inspection Odor issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27, Are therc any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28, is there any evidence of wind drift during land application'? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No 32. Do the flush tanks lack a submerged Fill pipe or a pertnanent/temporary cover? ❑ Yes ❑ No bona omments an or rnwtngps .,! t� ,- . _...-„ ., ,. ... .. ,.. d. '. „ _ .si I i�fli�i+4�.._ �Y ...��3i.. �. �MywtL. ltiGrp � `�`'vC6 Sr►ti0 !lf5aTAn 414Wah tAAXO I;,,,g-T•Lu, -fir s -tom 0►J N sly -Ito d-tv +ia- 4joU "tj,4_� M4, 1i , 1✓,Z� t Fed V7,-M a rmaaa Onaev� .,VLJ UJJ 13 u,,,, q"",d -fv- 6 lu� J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILL.,E REGIONAL OFFICE DIVISION OF WATER QUALITY March 21, 2000 Mitchell Norris 125 Harrelson Road Clarkton, NC 28433 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 090039 Mitchell Norris #1 & #2 Facility No. 09 - 39 Bladen County Dear Mr. Norris: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On February 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Mitchell Norris #1 & #2 swine facility in Bladen County. It was observed that the facility was irrigating and wastewater was ponding and observed leaving the spray field. Wastewater was.observed entering a pond adjacent to the spray field at hand. The pond contained an outlet that forms an Unnamed Tributary (UT) of Hammonds Creek which is Class "C SW" waters. It was then recommended to Mr. Norris to shut the irrigation system down and to construct an earthen berm to prevent additional wastewater from entering the pond, Both lagoons were also observed to be in the emergency storage level (7 inches and 13 inches), which is less than the minimum required for structural stability (less than 12 inches). The Division of Water Quality requests that the following items be addressed: 1. If not already completed, lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits and per the CAWMP. tFF�,�J i w f e1 "A ai F P. I A 225 GREEN STREET, SUITE 714 1 SYSTEL SLID. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1 541 FAX 910-406-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% R11CYCLEO/10% POST -CONSUMER PAPER r . '% Page 2 Mitchell Norris #1 & #2 March 21, 2000 2. Please provide specific actions proposed to prevent future freeboard deficiencies at this facility, which are not in compliance with the CAWMP and the General Permit. 3. Provide a detailed explanation as to why the runoff from the application field occurred. 4. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on regular basis before and during an irrigation event to prevent the future release of wastewater. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the atithority to levy a civil penalty of not more than $25,000.00 per day per violation. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a non -discharge facility. If you have an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 31, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be. reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Page 3 Mitchell Norris #1 & #2 March 21, 2000 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Ner, Paul E. Rawls Regional Water Quality Supervisor cc; Sonya Avant - Compliance Group Sam Warren - Bladen Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Garth Boyd - Murphy Family Farms, Inc. I T -d j2d lz�E - - /P � pjqe�;6--r BSG9-S*'9-OT6 J84JBE eRuoS RECEIVED APR 3 2000 ,FAYETTEVILLE REG. OFFICE f : i PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: Oq - 31 coi�lht►: 0-40rd RECEIVED Facility *2- _ A P � 2000 CartHf D star Nuns: _ /''f � ?Z � C- ..� fVO�,� Operator _ - -- .�.���..a FAYETTEVI LLE # REG. OFFICE 1. Current liquid level(s) in Inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam tot lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon NameAdentifier (ID)* 2- Spillway (Yea or No):A)o Level (inches). - „ ,17 1 F7 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures Five and 30 day Plane of Action are attached Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour Storrs elevations for one or more structures. A 30 day Plan of Action is attached_ Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations.i Volume and PAN content of waste to pumped and hauled is reflected in section III tables, included within this plan is a list of the proposed sites with related facility number(%), number acres and receiving crop information. Contact and secure approval f om the DMW*n of Water Cuallty odgE to tries of waste to a site not covered in the faci ty's cortified animll wasto manaosornsnt plan. Operation will be partial r fully depopulated. attach a comp sc edule with corresponding animal units and dates for depopulation • it animals are to be moved to another permitted facility, provide facility number. lagoon freeboard levels and herd population for tha receiving facility 3. Earliest possible date to begin land application of waste: Aj 0 I hereby cerift that I have reviewed the Infarnutton bated above and Included wlthin the attachad Plan of Action, end to the be: I of my knov"a and ability, the Informstion is accurate and correct Phone: -- L!0-OP�Z- Z359 - N ITeh,eLy.- Aveez/ s FaACoverVag• 2fzIMO 2 -d 69L.9-9ir9-Di6 JaqJag eRuc6 as :ED DO ED Jab PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD ..y 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (10): 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker Inches b. designed 25 yr,124 hr. storm S structural freeboard %�+ inches c. line b - line a (inches In red zone) = inches d. top of dike surface area according to design to (area at below structural freeboard elevation) e. line c x line d x 7.48_ /d % , `7Z5galtons 12 ft 3. Projected volume of waste liquid produced during draw down period 1. temporary storage period according to structured design D — days g. volume of waste produced according to structural design to h. actual waste produced current herd I x lire g certified herd # i, volume of wash water according to structural design , ft' j. excess rainfall over evaporation according to design ft3 k. clines h + i ♦i) x 7.48 x 30 May, _ gallons line f 4. Total PAN to be lend applied during draw down period I. current waste analysis dated Z Z ! Loo _ Z• 0 1b11000 gal. m. tlinee e + k1 x line 1 = �lb PAN 1000 REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE PDA (30 Day) 2l21100 1 E•d 8SG9-9i,9-0T6 jigaeE eFuaS d6I -E0 00 E0 idu PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE8 THIRTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1, Structure NamelidenViier (I0), Z 2. Current liquid volume in 25 yr.124 hr. storm storage 8 structural freeboard a, current liquid level according to marker �� inches b. designed 25 yr.124 hr. storm 8 structural freeboard inches c. line b - line a (inches In red zone) _ -2— inches d, top of dike surface area according to design ft2 (area at below structural freeboard elevation) e. ift s x line d x 7.46 - gallons 12 ft 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design ,,,,_,,,, days g. volume of waste produced according to structural design /Z/05-Y ft' h. actual waste produced = currr2nt hard # x line g = ���� ftl certified herd 0 I, volume of weah water according to structural design _.0__ ft) j. excess rainfall over evaporation according to design ft' k. (lines h + i +i) Y 7,48 x =ay lire t 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 21 Oa rn. Ifings g +� x line I = 1000 REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE PDA 130 DaY) V21= 1 2-17 9z3 gallons lb140R0 oat. SZQ lb PAN jP-d BSL9-S09-0T6 Jaques eRuos d6T:E❑ Do 60 Jdd II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 26 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1, structure ID: line m a Ib PAN 2. structure ID: 2 line m = lb PAN 3. structure 10: 4. structure ID: 5, structure ID: 6. structure ID: n.linesl+2+3+4+5+6 tine m = Ib PAN line m = lb PAN tine m = lb PAN line to = lb PAN lb PAN Ill, TOTAL. PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PFRInn nA UnT I IRT FIFE_nS TO WHICH PAN CAM NOT 199 APPLIES DURINQ THIS 20 DAY PERIOD. c, trVA 0- FiezD p, held 0 h ya�f# q. Crop r. acres s. rernainino IRR-2 PAN balance (iblacro) L TOTAL PAN BALANCE FOR FIELD jibe.) column r r s u. application window' ^29- 2. Z4 E72rr1a 1 • 3o2-9-9-z,Z-4 2- 2. z3o G7 - -4 3A __ p v 3p1�_lr 3,B 30 z ^ 6 311 7 7 !V,q___ _ J. 1 .9os 33io 3029-1 2,3 05' _ 0L c�Z9' 3 7 7,3 30 J 0 r_ owZ93 ,B 3, 5` 30 0 4o2,9�3�_� �,= — ;far Z 2929 4 2- 05' 410 `302g-3,4 /i 2.7 • 305' fZ3 ,30 I ZA- _T 3p 3.1------ — *tat% current crop anaing application Rate or next crop applications Wginning date for available' receiving crops during 30 day drawn down period p v. Total PAN available for all ANrh (sum of column t) • 4 ib, PAN PoA (30 Day) V21/00 2 S - d 89Ls-5bs-0T 6 JBRJeg es;u06 d6 t : ED DD ED .add a 4 IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied films n from section Iq ir # O V Ib. PAN x. Crop's remaining PAN balance (line v from section MI) _ _ l 3� Ib. PAN y. Overall PAN balance (w • x) a -iz9� lb. PAN Line y must show as a deficit. N tine y does not show as a deficit, list course of action here Including pump and haul, depopulation, hard reduction, etc. For pump A haul and herd reduction options, recalculate new PAN based on new Information. if new fields are to be Included as an option for lowering lagoon level, add these fields to Ow PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permittod facility provide Information regarding the herd population and lagoon frosboard levels at the Mcelving facility. NARRATIVE: 41,417IL LftCaa�J ��1/�Z /S �� �� � C��ftl�l�. S � 1 � �� Gt1iLL /��G/�I Sc LUi✓C /QE577 C� 7WI S S/TEF /.)771- L4 6aoA) ZCVEL /S �4n rEk . �0Nv 17 oAIS /�XM I T Pa► (30 Day) 2J21100 3 9•d 9SL9-Sb9-Oi6 jaqueg eRuoS d132:60 00 £0 Jdy STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ) MITCHELL NORRIS ) FOR MAKING AN OUTLET TO THE ) WATERS OF THE STATE OF ) NORTH CAROLINA WITHOUT A PERMIT) AND VIOLATION OF ) GENERAL PERMIT AWG100000 ) NORTH CAROMNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-065 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mitchell Norris owns and operates Mitchell Norris #1 and #2, a swine animal operation located in Bladen County. B. Mitchell Norris was issued Certificate of Coverage AWS090039 under General Permit AWG100000 (the General Permit) for Mitchell Norris #1 and #2 on May 29, 1998, effective May 29, 1998, with an expiration date of December 31, 2001. This permit does not allow the discharge of waste to waters of the State. C. On February8, 2000, DWQ staff observed a discharge of wastewater by Mitchell Norris #1 and #2 from a sprayfield to a pond adjacent to the sprayfield. D. Mitchell Norris had no valid permit for the above -described discharge. E. Condition No. V. 3. of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard." F. The CAWMP for Mitchell Norris #1 and #2 requires that the waste level in the lagoons does not exceed nineteen (19) inches. G. On -February 8, 2000, DWQ staff observed that the waste level of the two lagoons at Mitchell Norris #1 and #2 were seven (7) inches and thirteen (13) inches. H. The cost to the State of the enforcement procedures in this matter totaled $656,25. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Mitchell Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The pond adjacent to the sprayfield constitutes waters of the State within the meaning of G.S. 143-215.1(1) pursuant to G.S. 143-212(6). ""Waters" means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State including any portion of the Atlantic Ocean over which the State has jurisdiction." C. The above -cited discharge constitutes making an outlet of waters of the State for purposes of G.S. 143-215.1(a)(1) for which a permit is required by G.S. 143-215.1. D. A permit to construct or operate an animal waste management system is required by G.S. 143-215.1(a)(12). E. The above -cited failure to maintain the liquid level in the lagoons at the level specified in the CAWMP violated Condition No. V. 3. of General Permit AWG100000 which is issued for swine waste management systems. F. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S 143-215.1. G. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Mitchell Norris pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Mitchell Norris is hereby assessed a civil penalty of. $ 4,000.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 on February 8, 2000. $ 1,000.00 for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoons at the level specified in the CAWMP. $ 5,000.00 TOTAL CIVIL PENALTY, which is 10 percent of the maximum penalty authorized by G.S. 143-215.6A. $ 656.25 Enforcement costs 5,656.25 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.I(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality 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 Mr. Mitchell Norris 125 Harrelson Road Clarkton, NC 28433 Dear Mr. Norris: NOV 0 G 2000 FAYETTEVI LLE REG. OFFICE SUBJECT 1 � • NCDENR NORTH C,AROLINA DEPARTmeNT OF ENVIRONMENT AND NATURAL RcsmRcFs November 1, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Retraction of Civil Penalty and Issuance of Revised Civil Penalty Mitchell Norris #1 and #2 Farm #9-39 Bladen County Retraction of Case # DV 00-039 Issuance of Case # DV 00-065 On May 25, 2000, The Division of Water Quality assessed a penalty in the amount of S5,656.25 against Mitchell Norris for making an outlet to waters of the State without a permit and violation of conditions of the General Permit AWG 100000. Upon further investigation, it is the decision of the Division of Water Quality to retract the civil penalty assessment for case # DV 00-039 and reissue the assessment with a new case # DV 00-065 and a civil penalty in the amount of $5,656.25. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). ,6lailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699- t 6I7 State Courier #52-01-01 Raleigh. NC 27699-1617 Art Equal Opportunity lAfrmaliveAction EmploYer 50% ren•cled / 109r post -consumer paper hrrp://h2o, enr.srate.ne.its Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699.1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. I43B-282. i (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (e) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 •' 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: ,awls, Fayetteville Regional Supervisor w/ attachments File # DV 00-065 w/ attachments Central Files w/ attachments Public information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. DV 00-065 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the Undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 20` SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF ) MITCHELL NORRIS ) FOR MAKING AN OUTLET TO THE } WATERS OF THE STATE OF ) NORTH CAROLINA WITHOUT A PERMIT) AND VIOLATION OF } GENERAL PERMIT AWG 100000 ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV 00-065 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mitchell Norris owns and operates Mitchell Norris #1 and #2, a swine animal operation located in Bladen County. B. Mitchell Norris was issued Certificate of Coverage AWS090039 under General Permit AWG100000 (the General Permit) for Mitchell Norris #1 and #2 on May 29, 1998, effective May 29, 1998, with an expiration date of December 31, 2001. This permit does not allow the discharge of waste to waters of the State. C. On February 8, 2000, DWQ staff observed a discharge of wastewater by Mitchell Norris #1 and #2 from a sprayfield to a pond adjacent to the sprayfield. D. MitcheIl Norris had no valid permit for the above -described discharge. E. Condition No. V. 3. of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25=year, 24-hour storm event plus an additional one (1) foot of structural freeboard." F. The CAWMP for Mitchell Norris #1 and #2 requires that the waste level in the lagoons does not exceed nineteen (19) inches. G. On February 8, 2000, DWQ staff observed that the waste level of the two lagoons at Mitchell Norris #1 and #2 were seven (7) inches and thirteen (13) inches. H. The cost to the State of the enforcement procedures in this matter totaled $656.25. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Mitchell Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The pond adjacent to the sprayfield constitutes waters of the State within the meaning of G.S. 143-215.1(1) pursuant to G.S. 143-212(5). ""Waters" means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this .State including any portion of the Atlantic Ocean over which the State has jurisdiction." C. The above -cited discharge constitutes making an outlet of waters of the State for purposes of G.S. 143-215.1(a)(1) for which a permit is required by G.S. 143-215.1. D. A permit to construct or operate an animal waste management system is required by G.S. 143-215.1(a)(12). E. The above -cited failure to maintain the liquid level in the lagoons at the level specified in the CAWMP violated Condition No. V. 3. of General Permit AWG100000 which is issued for swine waste management systems. F. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S 143-215. L G. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that.a civil penalty of not more than twenty-five thousand dollars (S25,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Mitchell Norris pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8). I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION: Accordingly, Mitchell Norris is hereby assessed a civil penalty of: S 4,000.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 on February 8, 2000. $ 1,000.00 for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoons at the level specified in the CAWMP. $ 5,000.00 TOTAL CIVIL PENALTY, which is 10 percent of the maximum penalty authorized by G.S. 143-215.6A. S 656.25 Enforcement costs S 5.656.25 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation. (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 1�'-\-od , (Date) Kerr T. Stevens, Director Division of Water Quality MICHAEL F. EASLEY ATTORNEY GENERAL. State of North Carolina Department of Justice P. O, BOX 629 RALEIGH 27602-0629 MEMORANDUM TO: Kim Colson, Non Discharge Permits FROM: Mary Penny Thompson, Assistant Attorney Gener-e DATE: August 1, 2000 ea Wy AUG 0 1 Repiy Maw I �1WR QUALITY Mare�t�aEnvir" OFFICE Tel: (919) 716.66U(1 . Fax: (919) 716-6766 mthompC7,n32il.j usstare. n c . m AUG - 8 2000 PAY ET i 1=W-1 REG. Oq F;�- RE: Civil Penalty Assessment Appeal by Mitchell Norris; Bladen County, DV 00-039; 00-ERR-0933 Please note that I have been assigned to handle the civil penalty assessment appeal by Mitchell Norris. DWQ assessed Mr. Norris a penalty in the amount of $5,656.25 for violations of the water quality statute and rules as well as animal waste permit no. AWS090039 by discharging waste from a sprayfield into waters of the state, failing to report such discharge, and violating the permit's freeboard limit. I will need to begin preparing our case as soon as possible. Please review the important dates listed below and provide me with the requested information by fax (if feasible) as well as a clean copy by mail. August 4, 2000 Prehearing Statements and Document Constituting Agency Action due to be filed with OAH. I received a copy of the central file, but need any additional information from other files or regional office files, inlcuding photographs or other illustrative materials. Please send any additional documentation you might have in reference to this file by August 10, 2000, September 25, 2000 Discovery must be sent to Petitioner to give us enough time to receive answers prior to hearing. November 13, 2000 Hearing set in Fayetteville, NC with Beryl E. Wade, Administrative Law .fudge presiding. If you have any questions or comments regarding this case, please do not hesitate to call ine at my direct line number: (919) 716-6969, cc: Tommy Stevens, Water Quality Director Coleen Sullins, Water Quality Section Chief Paul Rawls Water Quality Regional Supervisor EP142363/wp6.1 MICHAEL F, 1<ASL,EY A7rORNEI'GENERAL State of North Carolina Uepartmenl of justice R 0. BOX 629 RALEIGH 27602-0629 MEMORANDUM TO: Kim Casson, Non Discharge Permits FROM: Mary Penny Thompson, Assistant Attorney Gener e DATE: August 1, 2000 RE: Civil Penalty Assessment Appeal by Mitchell Norris; Bladen County, DV 00-039; 00-EHR-0933 Reply In: Man- fenny Thompson Environmental Division Tel: (919) 716-6600 Fax: (919) 716-6766 mthomp@maiI jus.staie.nc.us Please note that 1 have been assigned to handle the civil penalty assessment appeal by Mitchell Norris. DWQ assessed Mr. Norris a penalty in the amount of $5,656 25 for violations of the water quality statute and rules as well as animal -waste permit no. AWS090039 by discharging waste from a sprayfield into waters of the state, failing to report such discharge, and violating the permit's freeboard limit. 1 will need to begin preparing our case as soon as possible. Please review the important dates listed below and provide me with the requested information by fax (if feasible) as we] I as a clean 1copy by mail. August 4, 2000 Preheari>ng Statements and Document Constituting Agency Action due to be filed with OAR. 1 received a copy of the central file, but need any additional information from other files or regional office files, inlcuding photographs or other illustrative materials. Please send any additional documentation you might have in reference to this file by August 10, 2000, September 25, 2000 Discovery must be sent to Petitioner to give us enough tiipe to receive answers prior to hearing. November 13, 2000 Hearing set in Fayetteville, NC with Beryl E. Wade, Administrative Law Judge presiding. if you have any questions or comments regarding this case, please do not hesitate to call me at my direct line number: (919) 716-6969. ~ cc: Tommy Stevens, Water Quality Director Coieen Sullins, Water Quality Section Chief Paul Rawls Water Quality Regional Supervisor EP/423631Wp6.1 21M MICHAEL F. EASLEY ATTORNEY GEN£RAI. State of North Carolina Department of .justice P. O. BOX 629 RALEIGH 27602.0629 MEMORANDUM TO- Kim Colson, Non Discharge Permits FROM: Mary Penny Thompson, Assistant Attorney Gener e DATE: August 1, 2000 Reply to: Man- fenny Thompson Environmental Division Tel: (919) 716-6600 Fax: (919) 716-6766 mthomp@mail jus.state.nc,us RE: Civil Penalty Assessment Appeal by Mitchell Norris; Bladen County, DV 00-039; 00-EHR-0933 Please note that I have been assigned to handle the civil penalty assessment appeal by Mitchell Norris. DWQ assessed Mr. Norris a penalty in the amount of $5,656.25 for violations of the water quality statute and rules as well as animal waste permit no. AWS090039 by discharging waste from a sprayfield into waters of the state, failing to report such discharge, and violating the permit's freeboard limit. 1 will need to begin preparing our case as soon as possible. Please review the important dates Iisted below and provide me with the requested information by fax (if feasible) as well as a clean !copy by mail. August 4, 2000 Prehearing Statements and Document Constituting Agency Action due to be filed with OAH_ 1 received a copy of the central file, but need any additional information from other files or regional office files, inlcuding photographs or other illustrative materials. Please send any additional documentation you might have inreference to this file by August'] 0, 2000. September 25, 2000 Discovery must be sent to Petitioner to give us enough time to receive answers prior to hearing. November 13, 2000 Hearing set in Fayetteville, NC with Bern] E. Wade, Administrative Law Judge presiding. If you have any questions or comments regarding this case, please do not hesitate to call me at my direct line number: (919) 716-6969. 4 cc: Tommy Stevens, Water Quality Director Coleen Sullins, Water Quality Section Chief Paul Rawls Water Quality Regional Supervisor EPI42363/wp6.1 ��G MICHAEL, R EASL fEY ATTORNEY GENERAL State of North Carolina Department of Justice P. O. BOX 629 RALEIGH 276Q2.0629 MEMORANDUM TO: Kim Colson, Non Discharge Permits FROM: Mary Penny Thompson, Assistant Attorney Gener?o DATE: August 1, 2000 Reply to: Mary Penny Thompson Environmental Division Tel: (919) 716-66(10 Fax: (919) 716-6766 mthomp(&mai I ;I usstate.nc.us RE: Civil Penalty Assessment Appeal by Mitchell Norris; Bladen County, DV 00-039; 00-ERR-0933 Piease.note that I have been assigned to handle the civil penalty assessment appeal by Mitchell Norris. DWQ assessed Mr. Norris a penalty in the amount of $5,656.25 for violations of the water quality statute and rules as well as animal waste permit no. AWS090039 by discharging waste from a sprayfield into waters of the state, failing to report such discharge, and violating the permit's freeboard limit. I will need to begin preparing our case as soon as possible. Please review the important dates listed below and provide me with the requested information by fax (if feasible) as well as a clean `copy by mail. August 4, 2000 Prehearing Statements and Document Constituting Agency Action due to be filed with OAH_ l received a copy of the central file, but need any additional information from other files or regional office files, inlcuding photographs or other illustrative materials. Please send any additional documentation you might have in reference to this file by August 10, 2000. September 25, 2000 Discovery must be sent to Petitioner to give us enough time to receive answers prior to hearing. November 13, 2000 Hearing set in Fayetteville, NC with Beryl E. Wade, Administrative Lave Judge presiding. If you have any questions or comments regarding this case, please do not hesitate to call me at my direct line number. (919) 716-6969. cc: Tommy Stevens, Water Quality Director Coleen SuIlins, Water Quality Section Chief Paul Rawls Water Quality Regional Supervisor EP/42363/wp6.1 Mr inr State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Mitchell Norris Mitchell Norris #1 & #2 125 Harrelson Road Clarkton NC 28433 Dear Mr Norris: LT.9;WA dm D E N R May 25, 2000 -, RECEP1 h SUBJECT: Assessment of Civil Penalties for Violations) of N.C. General Statute(s) 143-215.1 Mitchell Norris #1 & #2 Bladen County File No. DV 00-039 Permit No. AWS 090039 JUN 7 2000 FAYETTEVILLE REG. OFFICE This letter transmits notice of a civil penalty assessed against Mitchell Norris #1 & #2 in the amount of $5656.25, including $656.25 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was -taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violations) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverforrn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Linda Forehand Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 OR 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% posl-consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Linda Forehand DENR DWQ 1617 Mail Service Center Raleigh NC 27699-1617 •' 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn Registered Agent Dept. of Environment and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Linda Forehand at (919) 733-5083, extension 526. Sincerely, Kerr T. Stevens ATTACHMENTS cc: Regional,$uperv.isor w/zattachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public information Office w/ attachments STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND COUNTY OF BLADEN NATURAL RESOURCES IN THE MATTER OF ) File No. DV 00-039 MITCHELL NORRIS ) FOR MAKING AN OUTLET TO THE } FINDINGS AND DECISION WATERS OF THE STATE OF } AND ASSESSMENT OF NORTH CAROLINA ) CIVIL PENALTIES WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality�(DWQ), make the following: I. FINDINGS OF FACT: A. Mitchell Norris owns and operates Mitchell Norris Farm, a swine animal operation located at 1709 Coley Road in Bladen County. B. Mitchell Norris obtained Certificate of Coverage AWS090039 under General Permit AWG10000 on May 29, 1998. This permit does not allow the discharge of waste to waters of the State. C. On February 8, 2000, DWQ staff observed a discharge of wastewater by Mitchell Norris Farm from the sprayfield to a pond which flowed to an unnamed tributary of Hammonds Creek, Class C SW. D. Mitchell Norris had no valid permit for the above -described discharge. E. Condition No. III. 6. f. of the "Monitoring and Reporting Requirements" of the Animal Waste Permit No. AWS090039 requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste where runoff enters surface waters. F. Mitchell Norris failed to notify the Fayetteville Regional DWQ office of the discharge of wastewater. 1 of 4 File No. DV 00-039 Mitchell Norris Farm G. Condition No. V. 3. of the "General Conditions" of the issued permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard." The 25-year, 24-hour storm event for the facility's location is between seven and eight inches according to the National Weather, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961. H. The CAWMP for the Mitchell Norris Farm requires that the waste level in the lagoon does not exceed nineteen (19) inches of freeboard. On February 8, 2000, DWQ staff observed that the waste level of two lagoons at the Mitchell Norris Farm were seven (7) inches and thirteen (13) inches of freeboard. J. The cost to the State of the enforcement procedures in this matter totaled $656.25. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Mitchell Norris is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Hammonds Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). D_ The above -cited discharge constitutes making an outlet of waters of the State for purposes of G.S. 143-215.1(a)(1) for which a permit is required by G.S. 143-215.1. E. The above -cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of overapplying animal waste where runoff enters surface waters constitutes a violation. of Condition No. III. 6. f. of the Animal Waste Permit No. AWS090039. F. Mitchell Norris violated Condition No. V. 3. of Animal Waste Permit No AWS090039 by failing to maintain the liquid level in the lagoon at the level specified. 2ol4 File No, DV 00-039 Mitchell Norris Farm G. Mitchell Norris may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty -live thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S 143-215 or who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against Mitchell Norris pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8). 1. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, 1 make the following: III. DECISION: Accordingly, OWNER is hereby assessed a civil penalty of: $ 14 t O o O for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1 on February 8, 2000. $ O o a for violating Condition No, III 6.f. of Animal Waste Permit No. AWS090039 by failure to notify DWQ of a discharge within 24 hours. $ $ 5,000 $ 656.25 $ S, 40 Sty. z S for violating Condition No. V. 3. of Animal Waste Permit No. AWS090039 by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP. TOTAL CIVIL PENALTY, which is j _ percent of the maximum penalty authorized by G.S. 143-215.6A. Enforcement costs TOTAL AMOUNT DUE 3 of 4 File No. DV 00-039 Mitchell Norris Farm As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. - -I, 'r - a cz, 4 't r -� � (Date) Kerr T. Stevens, Director Division of Water Quality 4 o f' 4 19 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 19 SIGNATURE ADDRESS TELEPHONE CHECKLIST AND TRACKING INFORMATION FOR ENFORCEMENT ACTIONS FARM NAMEm � C.[� P I.1 N-6rri, S 2 r-,�- FACILITY NUMBER COUNTY_, INSPECTION REPORT DATE 2 -1 Y--d Z NOV/NOI DATE ISSUED -Z/-vZ RESPONSE FROM GROWER DATE REC'D J�- "4 DEED AND MAP PERMIT INFORMATION MAP OF FARM AND INSPECTION LONG FORM ❑ DATE REC'D b PICTURES N/A X FINDINGS AND DECISION DOCUMENT ❑ MEMORANDUM TO JEFF POUPART ❑ STREAM CLASSIFICATION (PULLED FROM BIMS AND ATTACHED) (IF DISCHARGE CASE) SUBMITTED TO SUPERVISOR DATE �- duck /, F- � -- ca- DATE PACKAGE FORWARDED TO RALEIGH A� t'A NCDENR Noah Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 21, 2002 Mr. Mitchell Norris 289 Turtle Cove Elizabethtown, NC 28337 Subject: No ice o£_yjolatiQn/Not,'cN a of Intent Administrative Code IS NCAC 2H .0217 Mitchell Norris 1 & 2 Farm Facility No. 09-39 Permit No.AWS090039 Bladen County Dear Mr. Norris: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality You are hereby notified that, having been permitted for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your General Permit. On February 13, 2002, the Fayetteville Regional Office of the Division of Water Quality received notification that the number one (1) lagoon freeboard was less than that required by your General Permit. A 30 day plan of action was sent to this office as required. On March 13, 2002 a routine inspection was conducted on the farm site. The inspection revealed that the number lagoon was back into compliance. However, the number two lagoon, which was in compliance at the time of the Plan of Action for the number one lagoon, had only 16 inches of freeboard. Ms. Sonya Johnson prepared a Plan of Action for this lagoon at that time. There have been multiple Plans of Action for this farm site within the last year: 2-21-01, 8-21-01, 2-13-02 and 3-I5-02. This continuing non-compliance is subject to an appropriate enforcement action by the Division of Water Quality. This action can consist of one or more of the following: a Notice of Deficiency (NOD); a Notice of Violation (NOV); a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual non -discharge permit or a NPDES Permit. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411FAX: 910-486-07071Internet: �ryv�v.enr.5tate4nc.uslNlt An Equal Opportunity t Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Norris March 21, 2002 Page 2 The action chosen will be based on a complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide this office with an evaluation of the reasons for the freeboard deficiency(s) and a strategy to prevent future freeboard deficiency(s). This evaluation and strategy must include, but is not limited to, the following: A summary of actions taken to restore the needed freeboard in the lagoons. A summary of all discharges or runoff from the facility. A summary of any repairs necessary to the system to bring the farm into compliance. A summary of any modification to the CAWMP in the past 24 months. An evaluation of water usage and management at the facility. Current sludge accumulation in the lagoons with schematic. Freeboard levels in the lagoon for the past 24 months. Wettable acres needed and available acreage as specified in the CAWMP. Irrigation records for the past 24 months. Rainfall records (if available). Specific actions proposed by you to prevent future freeboard violations. This information must be received by this office no later than A=130. 2002. Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner to notify DWQ of the problem, efforts made to resolve the problem, once identified, and efforts proposed to prevent future problems will be positive factors in this determination. f i Mr. Norris 3-21-02 Page 3 Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact either myself or Mr. John Hasty of our Fayetteville Regional Staff at (910) 486-1541. Steve Lewis -Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files - Raleigh John Bizic - Murphy Family Farms Sin, fly, Paul E. Rawls Regional Water Quality Supervisor Type of Visit O Compliance Inspection Q Operation Review O Lagoon Evaluation I for Visit (1) Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 09 39 7 Date of Visit: 3-t3-2002 TLne: 13:ti0 M O Not Operational O Below Threshold Permitted IN Certified Q Conditionally Certified D Registered Date Last Operated or Above Threshold: .......... Farm Name: N tcbell l4otrrit.#L&.#Z......................................................... County: Blwkn .................................... FjEt3]......... OwnerName: �Ibtt�laelL._._..._.-------]YQIs.-...-._.._..-...-----------• Phone No::23.2.-----.-•-•---------•---------•... Mailing Address: 189.1..Unk.care...................................................................._..............1juakeduaw.R.N.0 ............................................... 28337............... FacilityContact:........................................................... Title: ............... ................... ,............ Phone No: ..................................... Onsite Representative: .---,-----._-._..._._.___._.....___.._...._._._._._. Integrator•. Certified Operator: 5 itsbe1.W.. ..................... Narts ................................................ Operator Certification Number: ........................... Location of Farm: 1709 Coley Road IV ftschatges & Stream Impacts 1. Is any discharge observed from any part of the operation? © Yes 0 No Discharge originated at: ❑ Lagoon E-j Spray Field 171 Other a. If discharge is observed, was the conveyance man-made? Q Yes CK No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ® No c. If discharge is observed, what is the estimated flow in gal/rain? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) 13 Yes Ol No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes H No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a dischargc7 E]Yes H No rite C211gction & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Yes C] No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ........................... .......................... ................................................................................ ........................... Freeboard(inches):.... ........:_._ .............. .......................... ...» ....:.........:».. I..... ................ .......................I......_.,... i UNITED STATES POSTAL SERVICE t� ' Z -,. , . ,rst1Class.Mail Z PM c' �., --�-. Postage.B.F,ee. P2�ltl LISPS • Pemit'N& G10---- .' 25 IWAR 4 _ + Sender: Please print 20flZ , address, a DENR -• DWQ JOHN NASTY € �) �, 225 GREEN ST — SUITE 714 N•� ? FAYETTEV'ILLE NC 28301 � I f' I t .•+ IIli�likl111�111�1l111i��lil�ll�[i1�3I111111�11�11I11T1I�1i11 „ Facility Number: 09-39 Date of Inspection 3-13521142 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 yes 0 No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑Yes � No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenanee(mprovement? 0 Yes X No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? CK Yes Ej No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? 0 Yes H No Waste Application 10. Are there any butlers that need maintenance/improvement? E) Yes 1L9 No IL Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes 9 No 12. Crop type Coastal Bermuda (Hay) Coastal Bermuda (Graze) Small Grain Overseed , ~ 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 19 No 14. a) Dees the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) 'Phis facility is pended for a wettable acre determination? El Yes U No 15. Does the receiving cop need improvement? ❑ Yes N No 16. Is there a lack of adequate waste application equipment? ❑ Yes IR No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? Yes H No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes X No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) H Yes Ej No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes CR No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes No 22. bail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) d Yes No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? Yes No 24. Does facility require a follow-up visit by same agency? ❑ Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 1:1 Yes N No d No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 0 field Copy ❑ Final Notes 19. No irrigation was performed from October to January yet the lagoon level in November from 11-2 to I 1-16 went down 6 inches in igoon #2. In October lagoon # 1 dropped 8 inches from 10-5 to 10-26. oastal bermuda will have to be evaluated this spring. Unable to determine stand due to winter rye crop which looks good- S. At the time of the inspection there was waste coning out of the back of house #3 and the last 5 pens on the north side of the house were anding on water. There is obviously something blocking the outflow and causing the waste to back up in the house, The flush tank had been Lmed off'. Reviewer/Inspector Nsme Jo141r,Hngty Reviewerlbspector Signature: ^ . Date: I 1. Date of Inspection(s): 2_13-02 2. Regional Office: Egy_gtteville. Division of Wag Quality 3. Name of Owner Of Property: Mitchell Norris 1 8c 2 Farm (Copy of Deed attached) 4. Name of Operator: Mr. Mitchell Norris 5. Address: 289 Turtle Cove Elizabethtown, NC 28337 6. Phone Number: (910) 86 -2352 7. Description of Facility Location. Map excerpt attached. On the south side of SR 1709, approximately one quurler mile from its intersection -with Highway 87 south of Elizabethtown. NC. 8. Date this facility began operation: The farm has been inLlLoperation since 10-21-94. 9. Date of last expansion: The facility has not expanded since original construction. 10. Has the facility registered with DWQ? YES _ NO_ If YES, date of registration: ? 11. Does the facility have an approved Animal Waste Management Plan? YES .2, NO _ is one required? YES NO _ Date Approved: 12. Has this facility received a CAFO Designation? YES..X_ NO_ if YES, date issued: 13. Type of Operation: Feeder to Finish 14. Number and type of livestock: ThCrg were1 344 finishing hQa time of the inspection. 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve ,12, months. 2 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes, the farm was designed to have apr�roxir� tee ly 5o acres of land on which to apply waste. The Certified waste management plan calls for bermuda Wu with l jzraiLi qgver crol2 tQ be growni i n sites, Ihe farM hg5 approxirn1y �0 acres ,p,U which to irrigate. 17. Type of Waste Management System: SxVme_a_re kept in total confinemeriLfree stan-ana s, with slotted •s over • • !'d • ftorn floQr pits into a wagg lagoon composed agoon ftom which waste canr' pu=ed tbLQuyl buried juigation pipp5 to hydrants and sprayed on the fields via a "travelgc" surm un and linear 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: Thery j$ ;I swine opqati itely' ii m QD SR 1704, 19. Proximity of facility to neighboring houses, wells, etc.: There are a few residences and a new sigh SchQQl in clos _pro2cimity to the farm 20. Approximate depth of ground water table in the area of the facility or discharge: 21, Proximity of facility to surface waters: There_ s a sma!L=d Qn the farM site, 22. Animal waste discharged. N= Witnesses: John Ua5ty. DWD-WO Fayetteville Regional Qffice (910) 486-1541. 23. Are pollutants discharged in the waters of the State? No- 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, hour storm? lND 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: 1_ `one. 3 26. What is the duration and gravity of the violation?: Mr Norris has sobmitted niaerous plans of a�Ai. n� far high freeboards Mgr this farm. There have been four submitted bety&een 2-2 l -01 and 3-15-02. 27. Water Quality Assessment: 28. What is the cost of rectifying the damage?: 29. What is the amount of money saved by noncompliance?: Based on observations made dining 30. Was the violation committed willfully or intentionally?: YES — NO -2L Explain: 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Ms. Norris has had Iwo previous discharges at this site alonu with numerous high freeboard instances over the past five,years. There has also been documented odor violations by the Division of Air Quality- 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Mileage: $0.23 per mile for 65 miles $14.95 Copy of deed and map BIaden Co. Courthouse 4.75 John Hasty @ 19.77 per hour 1.5 hours drive time 4 hours report development 5,5 hours total 108.73 Paul Rawls t@ 3 .$1 1 hour (Supervisory Review) Total $160.30 33. Type or general nature of business: Swine_ Feed,@F to Finish Operation 34. What is the violator's degree of cooperation or recalcitrance: 35. Are there any Mitigating Circumstances?: NO E 36. Assessment Factors a. IWC: b. Receiving Stream : C. Damage Yes _ No _2L (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission, 37. in-dude_a-copyAf any -Designation letter signed by the Director. 38, Recommendations Made to Owner/Operator: Lower the lagoon to thQ required levg of 12 inches of fregUoard. 39. Recommendations for further DWQ Action: - Notice of Violation/Notice of Intent (forwarded March 21, 2002 - Enforcement Action - Reinspection ' 1 Other Comments:If f •f t • ••. • •r 'u• • �. Sim Ihirly day plans Qf actign were submitted but ty 1he time one lagoon was lowered the other Iggoon was less thanthe required freeboard. i. plan of action was submittedin Augug QL200-t--at.d berm nQ rainUl to binder any irrigationThe • 1 � .>��1 is p' • '�L • , . I tiAL N X , Alp 16 1 I `III 111�''r. _, �, �, 11�. � '.'i t- '� � •r � � 'J .rl< yya '��4i1�f1" r'q'� y, � ^ ,yf • y.� � _ �, _ ` t j U •I I J tt !r'�r 1 G �• i µ Wyllie � -,. +� I;hdh �'y� - i, `' • 4 / ,?i;. 7 I:I STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN File No. PC IN THE MATTER OF ) MR. MITCHELL NORRIS } MITCHELL NORRIS FARM #1& #2 } FINDINGS AND DECISION FOR VIOLATIONS OF ANIMAL WASTE PERMIT ) AND ASSESSMENT OF AWG100000 AND 15A NCAC 2H.0217 ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I Gregory J. Thorpe, Ph.D., Acting Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Mithchell Norris owns and operates a concentrated animal operation in Bladen County. B. The Mitchell Norris Swine Farm was issued Certificate of Coverage AWS090039 Under General Permit AWGI00000 on May 29, 1998. C. + On February 13, 2002, DWQ was notified that the number one lagoon g freeboard was less than required by the General Permit, A 30-Day plan VP of action was sent in to the Fayetteville Regional OfIIice, At the end of the 30-day period the number one lagoon was back into compliance and the number two lagoon was out of compliance. There have been multiple plans of actions for high freeboards at this facility. ( see NOV/NOI attached in this enforcement) D. The cost to the State of the enforcement procedures in this matter totaled S,16Q.30 . Based upon the above Findings of Fact, I make the following; II. CONCLUSIONS OF LAW: A. Mitchell Norris Farms is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. E. Mitchell Norris Farms may be assessed civil penalties in this matter pursuant to G,S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may' be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143- 215.1, F. The State's enforcement costs in this matter may be assessed against Mitchell Norris Farms pursuant to G.S.143-215.3(a)(9) and G.S.143B- 282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, i make the following: Accordingly, Mitchell Norris Farms is hereby assessed a civil penalty of: $ for continuous freboard violations which is in violation of the General Permit and 15 A N C A C 2H. 0217. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143 - 215.6A. $ 16U0 Enforcement Costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Alan Klimek, P. E., Director Division of Water Quality Facility Number -'` -- r{ r Permit Number Address Phoone: i_�rI0r1` Regional Supervisor Ctuvner�{F'ir�t Name Mi#�h�il . G" R.Contact egions Phoe F'�ul'�herman 910}�486 154fi� rw_ j rescinded eery FaciityInforri;t�oln Facility Number 09 39 Bladen irnainty Owner Mitchell Norris Address 289 Turtle Cove Elizabethtown NC 8337 Location 709 Coley Road Certified Operator in Charge Backup Certified Operator VA Certified Farm Name ❑ Premium Standards Op I Mitchell Norris #1 & #2 Phone Number 862-2359 Lessee Re.-n __- 0 ARO 0 MRO 0 WARO 0 WSRO @ FRO O RRO 0 WIRO 6 orris Comments I' originally certified as 2 separate facilities (09-207 deleted) per one WUP per Sonja Johnson ❑ Inactive o eration La oon Clgsed Date inactivated or closed Type of Operation T N Swine (:1 Poultry Cj Cattle [I Sheep Q Horses ❑ Goats ® None Design Capacity .��:iqq:'4}`}n Total 1 7,344 1 Swine SSLW 991,440 Feeder to .Finish r ���ii�'i��i�:.,bi`;'%+: �::;ti'�� S'rti:'�;+�i.;}`l,�iyi:;i'.:• .Scx;.A�s: Number of Lagoons I .Holding Ponds � Lagoon Total Capacity ft' 1,625,664 ❑ Subsurface Drains Present ja Lagoon Area ❑ Spray Field Area 0 No Liquid Waste Management System Mitchell Norris #1 & #2 Murphy Family Farms y Latitude 34.5783 34 11 34 42 ---------------- - ----- .............................................. Longitude 34.5783 78.5444 78.5444 34 34 42 78 32 40 78 11 32 11 40 Request to be removed 0 Removal Confirmation Recieved ......................... Comments�.........�^..^:........................................................................,,, ,. - Regional DWQ Staff Basin Name: ICape Fear rocwc ^No MAV14^RG ►TTDWMVL AT LAW CoueTMOnR a"we .L0j^W'tMT0WM. MC 7e777 Prepared by: RI:UBEN L. MOORE-' .lR. STATE OF NORTH CAROLINA COUNTY OF BLADEN 10- � Book Page 0451 0504 1I1.10 6L&HR COUNTY IBC 07/10/2000 2i36 PM CUILITY C. LMS rwVUt do ly; W7 Deputy/hv.a WARRANTY DEED Do/ -(- THIS WARRANTY DEED made this the Gth day of July, 2000, by and hctwcen the following: CLAUDETTE, L. NORRIS, hereinafter referred to as Grantor; and MITCHELL NORRIS. hereinafter referred to as Grantee. WITNESSF,Ili: That the Grantor, for and in consideration of the sum of TEN ($10,00) DOLLARS, and other good and valuable considerations to them in hand paid by the Grantee, the receipt whereof is hereby acknowledged, have given, granted, bargained, sold and conveyed, and by these presents do give, grant, bargain, sell, convey and confirm unto the Grantee, his heirs and/or successors and assigns premises in Bladen County, Elizabethtown Township, North Carolina, 0Imol more particularly described as follows: SEE SCHEDULE "A" & "13" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Note: This conveyance is made pursuant to a separation agreement dated this clay between the parties hereto. TO HAVE AND TO HOLD the above described premises, with all the appurtenances thereunto belonging, or in any wise appertaining, unto the Grantee, his heirs and/or successors and assigns in fee simple forever. And the Grantor covenant that they are seized of said premises in fee and have the right to convey the same in fee simple; that said premises are free from encumbrances; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written. A'b IIIII—TI O� (L" r s (SEAL) 10 C AUDETTE L. NORRIS STATE OF NORTH CAROLINA BLADEN COUNTY I, ISI a Notary Public for said County and State da hereby certify that CLAUDETTE L. NORRIS, personally appeared before ripe this day, and being by me duly sworn, says that they executed the foregoing and annexed instrument for the purposes therein described. Witness my hand and official seal, this day of�u L4, 2000. NOTASY.PUBLIC IL q I f My Commission expires: AMr ""CoV .• �Kh t WINED - f 41 - t3 u. By TAX Pf.V E WINED - f 41 - t3 u. By TAX Pf.V E `_- took 0451 o4s STATE OF NORTH CAROLINA COUNTY Or BLADEN The foregoing certificate of-- a Nolary l'uhlic of Noi*Carolina, is certifiers to he correct. This instrument was presented for registration this day of at a13� a'clock _�M., told duly recorded in this Office of the Regisoter 1)ccds ofr Bladen County, North Carolina, in Book Page erg REGISTER OF DUDS REGISTER DEEDS 11 1 t' i bei SCHEDULE "A" 0451 6 Lying and being in Rlistabethtown Township, Sladan County. NC, and being more particularly described as follows: 88GINNIN at an existing concrete monument said concrete minument heirq on the South margin of the Georgia Pacific property described in Map Boom 14,'Pa" 5, sladen County Registry, being also the Northeastern corder of the Ratio Arlene llinlew property described in Book 127, Page 795, oladen County nogistry and rune thence with the Georgia Pacific pevperty line North 65 degrees 17 minutes 25 seconds Best 2,086.94 feet to an existing iron pipes thence with the David L. Priest property line described in Book 256, Page 420, Bladen County Ilogistry, thence with the Priest. Dine South 27 degrees 04 minutes 20 seconds Bast 269.94 feet to an iron pipes thence with the William J. Bair property described in Book 111, Pop 700, Sladan County Registry, the following hearings and distance$ South 24 degrees 45 minutes 40 seconds Rant 1,244.50 feet to an iron ptpsr thence South 23 dsgnme 11 minutes 03 seoa , a Bast 674.57 feet to pn Iron pips: thence with an easasent given to Mule Qaen Clark Bair South 10 degrees 57 minutes 45 seconds Mesta 73.39 feet to an iron pipes thence with the Noble Gwen Clark Heir property line and with an old rev South Al 41sgrees 13 minutes' 40 seconds Mast 2,136.54 feet to an iron stales sits tiesrres with the "ade Itylor pcsqsrty described in , hook 177, Pays "s , Sladan County ltigistry, North 22 degrees 30 minutes Meat 2,401.02 feet to the point of the beginning and containing 110.94 acres, more ar less exclusive of the State bed right of way 1709. This poopnrty being osare specifically shown and described on a plat of survey estltled OMW for Mitchell Nwris", dated Jsmary 5, IM, by Clarence 11oll, Jr., %gistered Surveyor, record *d in Plat'Beak A=115, page 1152 B]uden Causty Wgistry. m I �j lM1 - If d r• A F s _ iJ n w ...I A;Z a a^ r �i F k�i3 i x of r' �• 1 �� F '_f 4tls � Iw M� 5 fib u• r F ho tug fit` a f r gg y :eyb.um Am Will", m �a. Epp g 1 1 pp2 Plt -wa.�¢ Nn Cd egH del m ��ae1c� s be FLH bg5 � g95o fAnl a.° , C E — , 4 Mitchell Norris Farm 1 & 2 289 Turtle Cove Elizabethtown, NC 28337 April 29, 2002 ATTN: Paul Rawls Division of Water Quality 225 Green Street Suite 704 Fayetteville, NC 28314 Dear Mr, Rawls, MAY I2�02 This letter is in response to the Notice of Violation issued to Mitchell Norris 1 & 2 Farm (FN: 09-39) dated March 21, 2002. Since the last inspection, the lagoon levels have been lowered to the required freeboard level by utilizing an additional traveling gun on the farm. Enclosed is the information you requested concerning freeboard levels and irrigation records for the past 24 months. The current waste managment plan based on wettable acres is included as well as a copy of the previous waste management plan. The sludge accumulation in the lagoons has been checked in the past week by Murphy -Brown personnel and I will forward the documentation to you as soon as I receive it. An evaluation of the buildings showed no signs of fresh water leaks. Hanging waterers have been installed within the last several months to reduce wasted fresh water. Several factors have contributed to the deficient freeboard situations at this farm in the past. In an effort to reduce the odor complaints at this farm, 1 have refrained from irrigating at times when the wind direction is toward neighbors. During wetter periods, I allow the fields to dry as much as possible to eliminate any ponding or run-off potential. "These two practices in themselves limit the available window of opportunity for irrigation. Another reason for higher lagoon levels has been the lack of a dependable hay contractor. In the fall of last year, the hay was left on the field at various stages of harvesting preventing irrigation for several weeks. These factors as well as heavier rainfall during certain periods have contributed to the deficient freeboards at this farm. To prevent future deficient freeboard levels, I plan to purchase additional hay equipment and rely less on custom hay cutters. I am also in the process of buying an additional traveling gun to take more advantage of good pumping days while still trying to accomodate neighbors. Over the past several months, hanging waterers have been installed it�the houses and 1 am considering installing additional pressure regulators which will make more efficient use of fresh water. I am very concerned about the freeboard levels at this farm and will continue to strive to keep this farm in compliance in all areas. If you require any additional information, please contact me. Sincerely, d Mitchell Norris Weekly Rainfall & Lagoon Level Records Mitchell Norris Farm r r- Weekly Rainfall & Lagoon Level Records Mitchell Norris Farm r f�r)aZ— -Iw -6S Weekly Rainfall & Lagoon Level Records MITCHELL NORRIS FARMS r-. Norris Farms Opl- WEEKLY RAINFALL & LAGOON LEVEL RECORDS r. NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capaclty: Storage Structure: Storage Period: Appncation Method: Mitchell Norris Bladen Feed -Fin 7416 Anaerobic Lagoon 180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen_ Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor Page: 1 problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. in some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accomnraate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production_ This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): 7416 animals X 986 gaUanimaUyear = AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): ~ 7416 animals X 2.30 lbs/animal/year 7,308,468 gallons 17,056.80 lbs Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type, and surface application. Page: 2 r Tract 3029 Field Soil Type Crop Code Yield /Ac Ibs N /unit Acres Liss N1Ac Residual Lbs N /Ac Ibs N Required Time to App 1 NoA B 4.6 50.00 1.81 230.0 416.30 Apr-Aug31 2 NoA B 4.6 50.00 2.43 230,0 558.90 Apr-Aug31 3A NoA C 6.1 50.00 3.56 305.0 1085.80 Apr-Aug31 3B NoA C 6.1 50.00 1.47 305.0 448.35 Apr-Aug31 4 NoA C 6.1 50.00 3.87 305.0 1180.35 Apr-Aug31 5 NoA C 6.1 50.00 1.05 305.0 320.25 Apr-Aug31 6 NoA C 6.1 50.00 1.44 305.0 439.20 Apr-Aug31 7A NoA C 6.1 50.00 2.93 305.0 893.65 Apr-Aug3? 7B NoA C 6.1 50.00 1.17 305.0 356.85 Apr-Aug31 8A NoA C 6.1 50.00 4.69 305.0 1430.45 Apr-Aug31 8B NoA Cam..; 6.1 50.00 4.13 305.0 1259.65 Apr-Aug31 9A NoA C 6.1 50.00 5.85 305,0 1784.25 Apr-Aug31 9B NoA C 6.1 50.00 4.46 305.0 1360.30 Apr-Aug31 10 NoA C 6.1 50.00 1.34 305.0 408.70 Apr-Aug31 11 NoA C 6.1 50.00 4.74 305.0 1445.70 Apr-Aug31 12A NoA C 6.1 50.00 3.20 305.0 976.00 Apr-Aug31 12B Gr C 5.5 50.00 0.82 275.0 225.50 Apr-Aug31 ALL AuB K 75.00 48.96 75.0 3672.00 Sep 15-O030 F-Mar r" Total 48.96 Available N *Difference 18262.20 17056.80 -1205.40 -indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. 'A negative number reflects the total Ibs of additional nitrogen needed to achieve yields on acreage listed in chart. A positive number means additional acreage is required to utilize the nitrogen produced by the farm. NOTE: This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, anchor silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i_e. l� Page: 3 April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. The following legend explains the crop codes listed in the table above: Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Cotton G Fescue - Grazed H Fescue- Hay l� I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat 0 Soybean Lbs N utilized / unit yield 1.6 lbs N / bushel 50 lbs N / ton 50 lbs, N / ton 1.25 lbs N / bushel 12 lbs N / ton 0.12 lbs. N / lbs lint 50 lbs N / ton 50 lbs N / ton 1.3 lbs N / bushel 2.4 lbs N / bushel 50 lbs N / acre 50 lbs N / acre 2.5 lbs N / cwt 2.4 lbs N I bushel 4.0 lbs N / bushel Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste_ SLUDGE APPLICATION: The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce Page: 4 approximately 0.36 pounds of plant available nitrogen per animal per year in the sludge based on the application method listed earlier. �• If you remove the sludge every 5 years, you will have approximately 13348.80 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 44.50 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 106.79 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and applications. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate'should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding_eccurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. The following is provided as a guide for establishing application rates and amounts. Tract Field Soil Type Crop Application Rate in/hr Application Amount * inches all all all 0.50 1.00 *This is the maximum application amount allowed for the soil assuming the amount of..ndmgar. allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsiability of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. r Page: 5 Additional Comments: r r r Page: 6 NUTRIENT MANAGEMENT PLAN CERTIFICATION v Name of Farm: Owner/Manager Agreement: Itwe understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. Ifwe know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Itwe understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Signature: Name of Manager (if different from owner): Signature: Name of Technical Specialist: Affiliation: Address: Signature: r Telephone: Please Print Sonya J. Barber Harvest Net, Inc. P.O. Box 32 Council, NC 28434 (910) 645-6758 Date V-7 Date Page: 7 05/09/2001 00:29 FAX Q 02 r^ ._4v IN NoM Ca dha Simm univrdy is a lend• girt and a cwd hqm iMddalion of The unhr * d NNM COMM Memorandum TO: North Car Hna Corded Technical Specialists FROM: NC State University Forage Production Wo*group DATE: July 13, INS SUBJECT: Crop Ma(egement PraMeas for Select Forages Used in Waste Management Department df Crop Science Collage of AW06M ens We SC won Cempwaux 7020 Raleigh. NO 27MS-7e20 918.515 2W7 910, 515.7050 {tan} The following is a four -page summary of suggestions for management practices for some forage crops that can be used in waste management plans. These suggestions are a result of discussions within the NC Stele Univexity forage Production Workgmup, a group comprised of NC State faculty and NRCS agency personnel with expertise with the crops. There one limited documented womb responses of some of these practices on the many soils and environments where these crops are ctmently being grown. The Forage Production Wodcgroup has taken do available data and used the combined experiences and realistic estimates of key people to come up with suggestions that will allow farmers to incorporate these crops and practices into waste management pleas. As data become available to substantiate or refute these suggestion, the Forage Production Workgroup wdl make appropriate changes. Ban nuik Ove waled With Cowl Nye and Anmeal Aye . Currently two types of 'YyeM$7 are being tried for vvhtte r cl ersuedint in fields used for anima waste •wig Quealp[c is a winter._wt 2ual .srlpallgr* that looks similar to wheat, barley andAaasi Auroral ryt ass is a whew Annualss gran that looks much like tall fesm. Bout. of-ttt - grasses, when growing fling the wiser on bediWa sod, can have significant i -on kubMusm bermuda yields. Iff effect. the total yields from an acre growing the tint tion ofbtamuda with these winter annuals will usually yield between 1-2 tong more per 4cre bon bermuda grower alone for the. year. Therefore. the total ammnt of PAN /acre fpr_the year is about IOD Iba.more thtm for bwO* abne. Although cereal rye and amoral ryegrass ,ate suitable crops for overseeding, the management of the crops are different and tittle Practices implemented" are depeadent on the crop selected. . 1:•p is y r .. It 05/D9/2001 00:29 FAX "CM*M slue l NVWSIV is a land- Depa*wnt of Crop Silence pal miirm dy rid a ca 0=1 ftWW of Tho l *Kdy d NaKh canfta Fvr $m-A 5rQin "Op d AWk dWm and Life sdaneae Q=Fus Ba= 762D Rdaigh, NC 27595.7820 M 9-5,PS—NM7 e19.315.7950 (Iwo Cereal Rye The cereal rye should be planted by October 15 to provide the best opportunity to get winnter growth. The most consistent stands are obtained from drilling rye into snort (less than 3 inches tag) bermnrdagrasa sod. If drilling is not possible, the seeds may he broadcast on short bermuda sod followed by a light cultivation with a disc or tillage implement. The seeding rate fat broadcast planting of seeds should be 1-5 times the rate for drilled seeds. The lsgt application of animal waste is to be applied to the bwriuda prior to Au 31. An application of 50 Ibslacre of Planet Available N (PAN) may be applied between Septe-mTxx 15 and October 30. An additional 50 lWacre of PAN may be applied in February-Mamh- If rye growth is harvested on time and does not significantly shade the berminda. PAN rates fer� subsewnt bey Wa crap -are based on realistic yiekb of be muk A harvest is r�equk d pr.�r � E to heading or Apnl 7, which ever comes >3n. This is necessary to minimize the potential for ,k shwimp, bermuds and nxhi :ing its yields- The PAN rage for grazed systems with bermuda over'seeded with cereal rye must be reduced in accordance with MRCS Technical Standard 0590 AantW Ryegrses Annual ryegrass should be permed by October 15 to paovlde the best opportunity to get winter growth. The mast cous>stent stands are Obtained tiom drilling ryegrass into shun (less than 3 iwfts tall) bexnculagrass sod. If drilling is not possible. the seeds may be broadcast on short bermuda sod followed by a tight cultivation whb a disc or i0lage hWlernent. The seeding rate for broadcast planting of seeds should be 1.5 times the rate for drilled weeds. The last application of animal waste is to be applied to tha bernnda prior to August 31. An application of 50 ibsfacre of (PAN) may be applied between September 15 and October 30_ Alt additional S© Is/acre of PAN may be applied in February-Umb. If addamnal PAN is applied to the ryegrass in ApaMay. line PAN rate for the bermuda must be reduced by a corresponding amount. This is necessary because ryegrass srowth during April -May will reduce bamttda yields aid sbcmtea the time built can filly utilize the N. A harvest is repaired by b mft or April 7. which ever comes first to prevem shading of emmiog bermada during April -May period. To favor the Production of the belnmida, additional barvests of ryegrass w1'tl be requked when the ryegrass canopy reaches 12 to 15 inches height. The PAN rate for grazed sysm with benmWa ovemeeded with annual ryegrass must be reduced in accordance with NRCS Technical Standard M. 05/09/2001 00:29 FAX Q04 Nodh Caroltw Swe Lft mly is a Im - Department of Crop Maws pram OWNY ON a eaaA WO w9dion al The Unh"of Honh Caroft C.dM@a at Agedd4we are Lila 5eWmee Cempre Ban 7620 Adakik HC 27N9 TOO 919A1S M7 919.616.79" 04 F.anem cdowsma Limited data are available on the response of gauftrass to various levels of N and soil types in North Carolina. However, until further data is collected the following guidelines may be used. 1. On sandy textured soils that are well drain or excessively well drained, gamagrass may yield similar to hybrid bermmdagrass at similar PAN rates. 2. On heavy textured soils that are poorly to somewhat Poorly drained, gamagrass'may yield 1.5-3 times more than hybrid bermmda. Camagrass establishes slowly and will not usually paoduce much hamstable forage during the establishment year. It is hest to allow the growth during the seedling year to accumulate for most or all season: if it is to be hanrasted, i should be done after Sill seadhead formation on a m*rity of the plants. Therefore. PAN for the seedling year should be modified amonlingly. Overseediog gawgrass with winter animals is not aurerdly advised because the harvesting or gazing management of the winter annual crops fining February -April would be detrimental to the survival of gamagrass. Gamagrass should not normally be harvested or graved below 6-9 inches stubble. Application rates are to be based on the realistic N rates that address the N mods per too of hay. a realistic yield and an appropriate application window. When harvested as hay in the 24- 36 inch stage of growth, the N rate rages from 40-501bshon of dry matter. The PAN rate for grazed systems mist be reduced in accordance with NRCS Technical. Standard #590. The application window fflr gamag[ass is slightly earlier than for bermuda: gamagrass starts growing about 3-4 weeps earlier than Comstai t - - - agtass and about 2-3 weeks earlier than Tifton 44. Crdmagrin is dormant from lust to Mauch. The last aPplieation of PAN in the summer should be prior to August 31. 17etc eVwt (U Ala a) Rescuepram is a cool season grass and makes most of its growth from March -June and September -November. it should receive most of its N during the September October and late Rhmary through May months. Litaited data are available for reagstic yields of rescuegrass on various sons and at various N levels in North Carolina. However, until further data is collected the following suggestions may be useful. _ 1. On sandy. well drained to eaceaively dMineQ soil, fesCrreg m may yield 1.5- 3 tiw fescue, assttuct n a umttbftn and dense stand of grass is p nwnt. 05/09/2001 00:29 FAX 11 05 el Motor Cwohte fte Univw* is a hrx� Deparmwnt at Crop Science {pled w*m* ad a were mdwon Of ThO UMWMlry Of C=bn2 CaGne al AWxuib" and Lfa Sc Mww Campo Box 7M RdkftK PIG 2789-64M 919_B1&2"7 1i19-615.7959 N* 2. On wet or poorly drained sofla, rescuegrass may yield .75 -1.0 tunes as much as fescue. 3. On soils where both are well adapted the yields of resmegrass may be 1- 1-5 times more than fescue. The above RYE estimates assume that stand density is maintained through natural mKvding every year. Although rescuegram is a Hpamnial" it does riot rmhmain dense, satishmory stands unless it is allowed to rued every year. Even under this management U. is likely that disease will atfea one or more growths in some years. Appliadion TWO are to be based on the realistic N raw that address the N1 needs per ton of hay. a realistic *ld and an appropriate application window. When harvested as hay, the N rate is similar to other cool season grasses such as fescue, ranging from 40-50 lbatton. RestuMus may also eonkme some growth in June -August of moistme is available. During these off-seasons, rescueg m should not receive more thaw about 25 Is N/acreh wrath. Only apply 25 lbs Nfacte in June -August if the e4uhmlm of 1-inch of waux can be appfiqd at the same tone. If the clop does not respond with at least a 1000 lbs of growth within a 3-5 week period do not make another application until the plants have had the opportunity to use the previous application. l Nettable Acreage Determination For Existing Irrigation System Mitchell Norris Farm Facility No: 9-39 Nettable Acreage Computations Hard Hose Traveling Gun. 3" Ag Rain with 1.081n ring nozzle. Hydrant Flaid Lane Spac. Wei Dia. Pull Length Pull Ac. Stop Area I Start Area' Pull" Total Ac."' 1 3029-2 240 300 225 1 1.39 0.63 0.39 0.75 1.81 2 3029-2 240 ! 300 490 3.0.4 j 0.63 0.39 0.60 2.43 3A 302" 240 300 480 2.98 0.00 0.58 1.00 3.56 3B 302M 240 300 250 1.55 0.63 0.77 0.50 1.47 4 3029-6 240 I 300 500 3.10 0.00 0.77 1 1.00 3.87 5 3029-1 240 300 85 0.63 0.63 0.39 ! 0.68 1.05 6 3029-1 240 1 300 240 1 1.49 1 0.63 0.77 0:50 1.44 ' 7A 3029-3 240 1 300 330 2.05 0.51 0.77 0.88 2.93 7B 3029-3 200 300 180 IM 0.68 1 0.72 0.50 1.17 8A 3029-3 220 300 780 I 3.94 0.00 0.75 1.00 4.69 8B 3029-3 220 300 670 3.38 0.00 0.75 1.00 4.13 9A 3029-3 240, 300 820 5.08 0.00 0.77 1.00 5.86 9B 3029-3 240 300 720 4.46 0.00 0.00 1.00 4.46 10 3029-5 300 125 0.77 0.66 0.40 0.73 1.34 11 3029-3A J 200 300 1 870 1 4.99 0.00 i 0.72 0.83 4.74 12A 3029-3A 200 300 890 5.11 0.58 0.72 0.50 3.20 12B 3029-4 300 30 0.19 0.66 0.80 0.50 0.82 48.98 "Start Area has been reduced accordingly for pulls with less than a full throw of gun in the start area. "Pull is a factor adjusting for the throw of the gun. A value of 1 is a full throw of gun, 0.5 Is a half throw of gun. '*'dotal Acreage is the sum of Pull Acreage, Stop Area, and Start Area multiplied by Pull factor. Wetted Diameter of 300 feet is achieved with a 1.08 in ring nozzle at 60 psi. 40 :.. rn 46 Ztk i WASTE UTILIZATION PLAN PAGE August 8, 1996 PRODUCER: MITCHELL NORRIS L LOCATION: CLARKTON NC 28433 i TELEPHONE: (910) 645-6926 TYPE OPERATION: Feeder to Finish Swine NUMBER OF ANIMALS: 7416 hogs design capacity The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged.so"that all plant nutrients can be.balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different inf ilitratior rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre- cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground 3 not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. ' This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for"injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage require- ments should be based on the waste analysis report from your waste j management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. # This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. WASTE UTILIZATION PLAN PAGE AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 7416 hogs x 1.9 tons waste/hogs/year = 14090.4 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 7416 hogs x 2.3 lbs PAN/hogs/year = 17056.8 lbs. PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and surface application. / WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER PAGE 3 C -COMM DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USED APPLI TIMT �� 6.1 i 1 1— N5XT5LK 0-2% 305 MAR-OC 3029 2A NO FOLK 0-2-t g 5. I _� 05 13.9 11189.! R0C 3029 13 INORFOLK0-2 C 15.2 260 1 22.5 15850 MAR--°( jVL:J j fU-Lb I bri I14VKr'VIAr%t.1 {JU3 lkZ.0 bbIVV 3029 ` o a 0-2 Bx 6.1 Jan I j9, J2897.. MAR•-O, 2 - A11JIS° iwa,. 13113600. F�t.,(dt SEP-A TOTAL 17170 -- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers In some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. WASTE UTILIZATION PLAN TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached. `ftw (Required oxily if operator does not own adequate land. See regdired specification 2.) PAGE TRACT FIELD SOIL TYPE& CLASS- op IELD LBS COMM N ** DETERMINING PHASE CODE AW N PER ACRES AW PER AC AC USEI APPI TV D Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. - In interplanted fields (i.e. small grain, etc, interseec in bermudagrass), forage must be removed through grazing, hay and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity,. especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definitely interfere with the stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted in the fail. The ideal time to interplant small drain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or mowed to a height of about two inches before drilling for best results. Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur in livestock. Sampling forage or hay for nitrate levels is recommended. * Acreage figures may exceed total acreage in fields due to overseeding. ** lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. WASTE UTILIZATION PLAN PAGE The following legend explains the crop codes used in tables 1 and 2 above: I 4� I ii �I �i fJ 'I h CROP CODE CROP UNITS 5 PER UNI BC HYBRID BERMUDAGRAS S- CONTROLLED GR.NZED TONS 50 BH HYBRID BERMUDAGRASS-HAY TONS 50 BP HYBRID BERMUDAGRASS-PASTURE TONS 50 W WHEAT BUSHELS 2.4 TABLE 1 TABLE 2 TOTAL AMOUNT TOTALS FROM TABLES 1 AND 2 48.4 17170.46 *** BALANCE I - *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE:_ The Waste Utilization Plan must contain provisions for periodic land 'application of sludge'at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements_ Your production facility will produce approximately 2743.92 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. WASTE UTILIZATION PLAN YAtar� See attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of waste being stored in your structure be within 1.7 feet of the top of the dike. If surface irrigation is the method of land applidation for this plan, it is the responsibility of the producer and -Aez' to er that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis r for assistance in determining the amount of waste per acre and the pr application rate prior to applying the waste. NARRATIVE OF OPERATION: None. Fie- id 2, 3 , .p g- sA cx-b I ; a, �\ e,3 1 U G s.�� �er rn v �Q . �' S TO b �� °� 9 G .5 5 CC 4 A g (5� r. 1r1c ,'� d o�"� C %t`la�y v se S P► o, 9 ro ., G r o� a , 4K c-se �c Tel s i. WASTE UTILIZATION PLAN PAG Plans and Specifications f 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct dischar during operation dr land application. Any discharge of waste whiX reaches surface water is prohibited. Illegal discharges are sub)ec to assessment of civil penalties of $10,000 per day by the Division of Environmental Management for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own .adequate land to properly dispose of waste, he shall provide MRCS with a cony of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be a plied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soi.z- type,__ available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEN. (See FOTG Standard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the MRCS Technical Reference - Environment file for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that no more than 20 to 25 percent of the leaf area is covered. WASTE UTILIZATION PLAN 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take-up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present; (See Standard 393 -- Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right -of ways. 15. Animal waste shall not be discharged into surface_ waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. Lagoons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to one (1) foot mandatory freeboard. 18. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered,appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of -erosion, leakage or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and imple- mentinv a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. PAGE is WASTE UTILIZATION PLAN re»� NAME OF FARM: OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the ap- proved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also cer- tify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: MITCHELL NORRIS SIGNATURE: l}.1� t i1 DATE:�- NAME OF MANAGER (if different from owner): p ease pri-n SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: R. Dean Morris AFFILIATION: USDA- NRCS ADDRESS (AGENCY): 122 Ag. Service Ctr. Elizabethtown NC 28337 Ll,y).-1 ) \j C-1 , , , - I isr c p -or H Q;-f C- • Farm Hydrant Year Crap Lbs N Reg. Lbs N Applied Lbs to Apply M. Norris Farms 03A 2002 Ber Hay 305 30.78 274.22 M. Norris Farms 04 2002 Ber Hay 305 34.02 270.98 M. Norris Farms 06 2002 Ber Hay 305 37.80 267.20 M. Norris Farms 07A 2002 Ber Hay 305 48.06 256.94 M. Norris Farms 08A 2002 Ber Hay 305 23.22 281.78 M. Norris Farms 08B 2002 Ber Hay 305 31.32 273.68 M. Norris Farms 09A 2002 Ber Hay 305 37.26 267.74 M. Norris Farms 09B 2002 Ber Hay 305 43.74 261.26 M. Norris Farms 12A 2002 Ber Hay 305 41.04 263.96 M. Norris Farms Waste Irrigation Report Hydrant 03A # Sprinklers 1 Crop Ber Hay acres Covered 3.56 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-6 Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/07/02 • 5:30:00 PM 7:30:00 PM ° 60 182 21 &40 2 - 2.00 0.23 12.42 , 292.58 5.42 04111102 4:00:00 PM 7:00:00 PM 60 182 32760 f 2 2.00 0.34 18.36 274.22 5.08 I � I � I �— F— � 0.00 274.22 i-- 0.00 274.22 �— F^ � I Q ___._.___._ [� � � 0.00 274.22 F-- F— I v F-- F-- F-- 0.00 274.22 �0 � 0.00 274.22 �� F-- F— F— F— F— 0.00 274.22 M. Norris Farms Waste Irrigation Report Hydrant 04 # Sprinklers 1 Crop Ber Hay Acres Covered 3•87 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-6 Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/15/02 1 2:00:00 PM 6:00:00 PM 60 f 182 43680 F2 2.00 0.42 22.68 I2$2.32 5.23 04/16102 9:00:00 AM 11:00:00 AM 60 182 21846 f f- 2 2.OD D.21 11.34 270.98 5.02 I I F-- F Q I-.___._�_—� � 0.00 270.98 - � �I _ l ' � � _0.00 270.98 F— F— F o F— F-- I 0.00 z7o.s8 r- F ° F— F— I— _o.o0 27Q.9a F— �� F— F— F7-0 7— F— F— _ 0. QQ 270.98 0 M. Norris Farms Waste Irrigation Report Hydrant Crop Year Field 06 # Sprinklers Ber Hay Acres Covered Lbs N Required 2002 Lbs N Residual 3029-1 Lbs N to Apply 1 1.44 305 305 Date Start Stop N11000 Lbs N In to Time Time PSI GPM Gallons Lagoon gal In/Ac Lbs N to Apply Apply 0�4/05/02 1:00:00 PM 3:30:00 PM 60 182 27306 � 2 2.00 a.7o 37.sa 1267.20 4.95 -F— F— F-6— F-- F— F— ry 0.00 267.20 �— f F 0.00 267.20 F �p--�� � � � _ 0.00 267.20 i F— F— F-- u 0.00 267.20 a..__— o.oa 267.2a F-- F— F —0� F— F F— . o.o0 267.zo F� �^ 0 , F- 0.00 2 672a M. Norris Farms Waste Irrigation Report Hydrant 07A # Sprinklers 1 Crop Ber Hay acres Covered 2.93 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-3 Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/17/02 16:00:00 PM 8:30:00 PM f 60 1182 273a0 2 2.00 0.34 18.36 286.64 1 5.31 04/18/02 12:00:00 PM 4:00:00 PM 60 182 43680 F2 2.00 0.55 29.70 256.94 4.76 F— � I 0 �— � � _ 0.00 256.94 I F-- F-- I I I F^ 0.00 256.94 F— _. F F— F 0---. F— Ff_ 0.00 256.94 �— F-- I— F—fl ' F-7——0.00 256.94 FT F— F 0 F-- F—T f -- _ 0.00 256.94 F— F— F— 0.00 256.94 M. Norris Farms Waste Irrigation Report Hydrant 08A # Sprinklers 1 Crop Ber Hay acres Covered 4.69 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-3 Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In/Ac Lbs N Lbs N to Apply In to Apply 04/07/02 11:30:00 AM f 4:30:00 PM 1 00 182 54800 2 - 2.aD 0.43 23.22 281.78 5.22 f -- F— �0 F— F— F-- 0.00 281.78 I— I �µ 6.00 281.78 F— F— F-- p , �� F— F— F— _ 0.00 281.78 �� � 0 F-- F— I — 0.00 281.78 F— F— I_0 F— I F— D.OD 281.78 �0 6 F— F-- F— O.OD 281.78 F— M. Norris Farms Waste Irrigation Report Hydrant Crop Year Field 08 B # Sprinklers Ber Hay Acres Covered Lbs N Required 2002 Lbs N Residual 3029-3 Lbs N to Apply 1 4.13 305 305 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/15/02 1 2:00:00 PM 6:00:00 PM 60 182 43680 f 2 2.00 0.39 21.06 �283.94 5.26 04/16/02 9:00:00 AM 11:00:00 AM 60 182 21840 I ` 2.00 0.19 10.26 273.68 5.07 f ---- F-- F-7 F 0 , F— ��F— 0.00 273.68 F— F 0.00 273.68 � _ I— I— p ' � f — F F-- 0.00 273.68 F— F— F— F— F^ 0.00 273.68 F F— F7� - F— F— F— 0.00 273.88 F— M. Norris Farms Waste Irrigation Report Hydrant 09A # Sprinklers 1 Crop Ber Hay Acres Covered 5.85 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-3 Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/05/02 1:00:00 PM 1 5:00:00 PM 60 182 43680 2- ^ 2.00 Q.27 14.58 29Q.42 5.38 04/16102 1:00:DD PM 4.00:00 PM 60 182 32760 I - 2.00 0.21 11.34 279A8 5.17 04117/02 11-.30:00 AM 2:30:00 PM 1, 60 182 32760 2 I 0D 0.21 11.34 26i-74 4. f F — I 0 F._— F— FD.DO 267.74 F— I �— � I I — I Q.00 267.74 �— �� � F— I F-- F-- F-- O.Qa 267.74 --- �— 1 1 — Q — F— F— F-- 0.00 267.74 F— I F— I 0 F— F-- F-- Q.00 267.74 F— �— - --0 F— F6.00 267.74 M. Norris Farms Waste Irrigation Report Hydrant Crop Year Field 09B # Sprinklers Ber Hay acres Covered Lbs N Required 2002 Lbs N Residual 3029-3 Lbs N to Apply 1 4.46 305 RIOR Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In/Ac Lbs N Lbs N to Apply In to Apply 04/07/02 5:30:00 PM 7:30:00 PM I 60 182 21840 I 2.Q0 0.18 9.72 295.28 15.47 4:00:00 PM 7:00:00 PM 182 32760 �14.5828Q7 5.2004/11/02 04/18/02 12:00:00 PM 4:00:00 PM 60 182 4�3680� �2 2,00 0.36 19.44 281.2$ 4.84 � I F— --- 0.00 261.26 F— F— I v �— � � _ 0.00 261.26 f — � F— � 0 � � �^ _ 0.00 261.2E F— F— Fa F— F— F-- . a.00 2s1.2s F— F o F— r 7— _ 0.00 2s1.26 �� F— F— F— F-- F— a.oa 261.2s F� M. Norris Farms Waste Irrigation Report Hydrant 12A # Sprinklers 1 Crop Ber Hay Acres Covered 3.2 Lbs N Required 305 Year 2002 Lbs N Residual Field 3029-3A Lbs N to Apply 305 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 04/16/02 1:00:00 PM 4:00:00 PM 60 182 32760 f 2 2.00 0.38 20.52 1284.48 f 5.27 04/17/02 11:30:00 AM 2:30:00 PM 60 1 22 327fi0 F2 2.00 0.38 20.52 263.9fi 4.89 F— F— �� � � F— 0.00 263.96 F— �� F— [0.00 263.96 F-- F_._._., 0.00 263.96 F— � 0 � I— -- F— I 0.00 263.96 F— F— 0.00 263.96 I F^ F— F— F— F— 0.00 263.9fi 'Farm Hydrant Year Crop Lbs N Rep. Lbs N Applied Lbs to Apply M. Norris Farms 03A 2001 Oak Hay 74 13.04 60.96 M. Norris Farms 04 2001 Oat Hay 74 26.65 47.35 M. Norris Farms 06 2001 Oat Hay 74 30.24 43,76 M. Norris Farms 08A 2001 Oat Hay 74 58.78 15.22 M. Norris Farms 088 2001 Oat Hay 74 22.11 51.89 M. Norris Farms 09A 2001 Oat Hay 74 22.87 51.13 M. Norris Farms 12A 2001 Oat Hay 74 34.69 39.31 M. Norris Farms Waste Irrigation Report Hydrant 03A # Sprinklers 1 Crop Oat Hay Acres Covered 3.56 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-6 Lbs N to Apply 74 Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In/Ac Lbs N Lbs N to Apply In to Apply 03/07/02 9:00:00 AM 11:00:00 AM 60 182 21840 1 2.1 Q 6 Fo 6Q.96 1 .08 � � � o F—' � F� _ a. oo Ba.96 I F-- I—___.— f -- _ 0.00 F-- I__— F-- _ 0.00 60.96 .__._ F— I ( Q F-- F-- F-- _ 0.00 60.96 �— F— � � o � F-- F— F-- ^ a.00 so.9s F-- F— F ° F— F— F— Q.QQ 60.96 F— �o. ; [6.00 FE96 F_ M. Norris Farms Waste Irrigation Report Hydrant Q4 # Sprinklers 1 Crop Oat Hay Acres Covered 3.87 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-6 Lbs N to Apply 74 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal INAc Lbs N Lbs N to Apply In to Apply 01/30102 1 3:30:00 PM 5:30:00 PM 60 182 21840 1 2.10 0.21 11.91 62.09 1.10 03/07/02 2:00:00 PM 4:30:00 PM 60 182 F27300 ] 2.10 0.26 14.74 47.35 0.84 F� � � F � � 0.00 47.35 F________.___ F— I I - 0.00 47.35 �____..-_ F-- F— I _ F_..___-__.-._ F--- 0.00 47.35 F-- F— I v F— F-- F_.__._._..__ D.00 47.35 F-- I— F-0 F— F— F— 0.00 47.35 —- � F— F— �� F— 0.00 47.35 �� F— F— F—p F— F— F— 0.00 47.35 M. Norris Farms Waste Irrigation Report Hydrant 06 # Sprinklers 1 Crop Oat Hay acres Covered 1 •" Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-1 Lbs N to Apply 74 Date Start Stop N11000 Lbs N In to Time Time PSI GPM Gallons Lagoon gal In1Ac Lbs N to Apply Apply 03/28/02 10'00:00 AM 12:00:00 PM 60 182 21840 i 2.00 0.56 30.24 43.76 f 0.81 I - F I F— _ Q.QQ 43.76 L__ — I -- -- 0.00 43.76 �...�___.._-. F-- F-- F-- 0.00 43.76 F— F— F—o— F— F-- F-- 0.00 43.76 _.� F-- F- F-- F— � 0.00 43.76 0 , F— F— F— _ 0.00 43.76 F 0 ;; F-- F-- F^ 0.00 43.7fi M. Norris Farms Waste Irrigation Report Hydrant 08A # Sprinklers 1 Crop Oat Hay Acres Covered 4.69 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-3 Lbs N to Apply 74 Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In/AC Lbs N Lbs N to Apply In to Apply 01 /30/02 f 12:00:00 PM 2:30:00 PM 60 182 27306 F 1 2.1 Q 0.21 11.91 62.09 1.10 112:00:00 PM 3:00:00 PM 182 32760 15.8803/06/02 2.f 10 $ Q8246220.2 03/08/02 2:30:00 PM 5:30:00 PM 60 182 3276Q l 2.10 0.28 15.88 30.34 Q.54 03/24/02 1:00:00 PM 4:00:00 PM 6Q 182 32780 ! 22,00 15.12 15.22 Q28 I - �0.228� I— I — I _ O.OQ 15.22 �— I � � p � F— _ 0.0D 15.22 �I ���'- ��I - _0.00 15.22 ( F— F 0 _ F-- F-- F— _ D.00 15.22 F— �~ F— F— F-6— F— F— F— Q.00 1522 M. Norris Farms Waste Irrigation Report Hydrant 08 B # Sprinklers 1 Crop Oat Hay Acres Covered 4.13 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-3 Lbs N to Apply 74 Date start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In/Ac Lbs N Lbs N to Apply In to Apply 02/25/02 4:30:00 PM 8:30:00 PM 60 182 43680 �1 2.10 0.39 22.11 51.89 0.92 I F— F-6—��� f F-- F— [ --- � F-- F— [-- . 0.00 51.89 f � �---__-1 F— F —o F-- F— F—^ _ 0.00 51.89 �— �� � 1 - � � � 0.00 51.89 I v 1— — 0.00 51.89-- F— r ° , { � F— F—° F— F-- F— o.o0 51.8$ F— M. Norris Farms Waste Irrigation Report Hydrant 09A # Sprinklers 1 Crop oat Hay Acres Covered 5•85 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-3 Lbs N to Apply 74 Date Start Stop Time Time PSI GPM Gallons N11000 Lagoon gal In1Ac Lbs N Lbs N to Apply In to Apply 02/25/02 11:00.00 AM 1 3:00:00 PM l `" 182 43680 I 2.10Y F 0.27 15.31 158.69 1.04 03/28/02 10:00:00 AM 12:00:00 PM 60 182 21840 2-0p I - 0.14 7.56 51.13 0.95 �^ 7-- F— F f} F— 0.00 51.13 -- F —6 F-- f-- . 0.04 E 51.13 I I_-.__ �- — F— 0.00 51.13 I 1 _ I--- P _ 0.00 '59.13 I-- I— F p � I � F— 0.00 51.13 M. Norris Farms Waste Irrigation Report Hydrant 12A # Sprinklers 1 Crop Oat Hay Acres Covered 3.2 Lbs N Required 74 Year 2001 Lbs N Residual Field 3029-3A Lbs N to Apply 74 Date Start Stop Time Time PSI GPM Gallons N/1000 Lagoon gal In/Ac Lbs N Lbs N to Apply In to Apply 03/07/02 5:00:00 PM 1 7:00:00 PM l "v 182 21840 I 2.10 0.25 14.18 1 59.83 1 1.06 03/27/02 1:00:00 PM 4:00:00 PM 60 182 32760 2- 2.00 0.38 20.52 39.31 0.73 1— 1 Q -._. �� F—_— F— O.OQ 39.31 _,.,_— O.QQ F— 0 !— 0. QO 39.31 Q.OD 39.31 l� I� F � DOQ � . 39.31 -� I —F—f 0 F— F— F— O.Op 39.31 'Farm Hydrant Year Crop Lbs N Reg. Lbs N Applied Lbs to Apply M. Norris Farms 01 2001 Ber Gr 230 0.00 230.00 M. Norris Farms 02 2001 Ber Gr 230 0.00 230.00 M. Norris Farms 03A 2001 Ber Hay 305 198.91 106.09 M. Norris Farms 03B 2001 Ber Hay 305 14.58 290.42 M. Norris Farms 04 2001 Ber Hay 305 169.43 135.57 M. Norris Farms 05 2001 Ber Hay 305 16.85 288.15 M. Norris Farms 06 2001 Ber Hay 305 28.35 276.65 M. Norris Farms 07A 2001 Ber Gr 260 28.78 231.22 M. Norris Farms 07B 2001 Ber Gr 260 0.00 260.00 M. Norris Farms 08A 2001 Ber Gr 260 30.75 229.25 M. Norris Farms 08B 2001 Ber Gr 260 50.06 209.94 M. Norris Farms 09A 2001 Ber Gr 260 119.18 140.82 M. Norris Farms 09B 2001 Ber Gr 260 30.94 229.06 M. Norris Farms 10 2001 Ber Hay 305 116.64 188.36 M. Norris Farms 11 2001 Ber Hay 305 14.85 290.15 M. Norris Farms 12A 2001 Ber Hay 305 81.22 223.78 M. Norris Farms 12B 2001 Ber Hay 275 0.00 275.00 'Farm Hydrant Year Crop Lbs N Reg. Lbs N Applied Lbs to Apply M. Norris Farms 02 2000 Oat Hay 74 4.75 69.25 M. Norris Farms 03 2000 Oat Hay 74 31.97 42.03 M. Norris Farms 04 2000 Oat Hay 74 71.96 2.04 M. Norris Farms 06 2000 Oat Hay 74 7.34 66.66 M. Norris Farms 09A 2000 Oat Hay 74 17.28 56.72 M. Norris Farms 12A 2000 Oat Hay 74 23.76 50.24 'Farm Hydrant Year Crop Lbs N Reg. Lbs N Applied Lbs to Apply M. Norris Farms 03A-1 2000 Ber Hay 305 177.93 127.07 M. Norris Farms 03A-2 2000 Ber Hay 127.07 59.40 67.67 M. Norris Farms 03B 200D Ber Hay 305 51.30 253.70 M. Norris Farms 04-1 2000 Ber Hay 305 211.41 93.59 M. Norris Farms 04-2 2000 Ber Hay 93.59 54.00 39.59 M. Norris Farms 05 2000 Ber Hay 305 75.06 229.94 M. Norris Farms 06 2000 Ber Hay 305 64.53 240A7 M. Norris Farms 07A 2000 Ber Gr 260 13.50 246.50 M. Norris Farms 08A 2000 Ber Gr 260 88.34 171.66 M. Norris Farms 08B 2000 Ber Gr 260 150.39 109.61 M. Norris Farms 09A 2000 Ber Gr 260 74.25 185.75 M. Norris Farms 09B 2000 Ber Gr 260 15.12 244.88 M. Norris Farms 11 2000 Ber Hay 305 104.22 200.78 M. Norris Farms 12A 2000 Ber Hay 305 89.10 215.90 Irrigation Field Records Farm Week of Operator 1 is •I M r r � r r ®®� r + ® �r •: � EWA, Mph MMMMM�r Mo Comments: r. r Irrigation Field Records Farm st^ — week of Operator _ Q, 15 I i : p M- IRE Me Comments: r-- irrigation Field Records Farm %4. Week of Operator "Ilb Ulu W �,: o� ff. M Me a�:���r� Comments: Irrigation Field Records Farm T week of Operator Comments: w Irrigation Field Records Farm t Week of - Operator�� ; C ► I"nM®MIllIrI� M. 1 � ► Mims MINE"' ROMIM MITIOM • i Kill 1M`MMON! IMMININ Comments: r': r- w Irrigation Field Records Farm 16 „ Week of -an,n Operator S�A t� ,S. Start , Stop Inches Date PSI GPM Time Time Pull Applied �-� 2 Comments: r Irrigation Field Records Farm Week of -01 Operator - M, ILI ".. Fla 1NINE MEN Comments: r 29 A Irrigation Field Records Farm k r Week of - Operator ��MAK �. I. pal Mr.."NUMMIMw" Comments: Irrigation Field Records Farm ►� Week of�j tjlo- ti a. o — Operator M— ri - ". 0 F17 A .um ns afes ....� ,I , ,. • afffwm Ali► i , i M I r . ► bw rLxNM Comments: r- Irrigation Field Records Farm Week of -- Operator �NL) _ C s rr„■� T� r. � � , 1 TKIWI!, as SIU�� 66w PRO �S��M. Comments: Irrigation Field Records Farm Week of Operator R#MI. M-R. RM ERR Comments: r- MEM-1. MINE", IRM l ! li Mom= , i '..* 9►t"OIL , •l► M27M�. - ft"IRM " Comments: Irrigation Field Records Farm Y; 114 Week -of Operator � Ll"4 i 1= f I�� f f I M_P7i� ✓.o. 1 ��~M61 _ 61, nb=�= Comments: r As Irrigation F d Records Farm Week of Operator 1 �. l JAM f k� �61 / , KV!MI iIT lf�l��� Comments: Fla r Irrigation Fleld Records Farm week . of?l Operator w Comments: ,: MUM MSEMA Mom��� I Comments: r Irrigation Field Records Farm L `� Week of Operator FM MI-M IER ����rl'■Lr�®■� . � �F.�7 �r� � � err t� Comments: 01- Irrigation Field Records Farm ,z a Week of \ n-- fit - k \ -r) t- Operator Cn , t �O.Z6 . - Ii : M 1 �� r: !• 1 r� A W. �! ��f r ..� /iA ?MIN M + • M RVKIM • i �ii t1 M M. ROD Comments; A Irrigation Field Records Farm 14- Z "Rai' Comments: i r Irrigation Field Records Farm Week of Operator _ - � I:. --il M i E E i ♦ ®® � I.1 ti�i ® JE •= r � � � � t�����rr�'r1I�'...� Lill - • . � �.�����*ice, .. .. �•y� �� .---• r�ii\'��� Comments: r r Irrigation Field Records Farm Week of Oc - QF - 30-- a-D - Operator _� .,\�O-nz -- --- -- 1 ipa,t0 �1�����frrl�J i► �� � Comments: Irrigation Field Records Farm Week of Qrl' Operator _Q6 t . Date ant Crop Lagoon PSI GPM Start Time Stop Time Pull Inches lied •- rr s i � I I f Comments: r" r-- Irrigation F d Records Farm °Z. Week of Operator F n-I Mv. - P. I" 417057 M rMi�r M.% a fif} ®�I- M>��! f... W oIi � Comments: RecordsIrrignUon Field 1 (3r) Operator P - M, Fe. - ME "I- �. ,1y► 6yAs I M MA 1 M •, omm .� . 6tl �ii�i��©� ', .Ell 6 am IPM Comments: rrr r�111 r", Pl- Irrigation Field Records Farm �- Q Week of - - Operator Comments: r�. Irrigation Field Records Farm Week of - -� Operator _Cn,y PSI GPM Stm Time Stop Time IDOWA Comments: r,