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HomeMy WebLinkAbout090107_ENFORCEMENT_20171231 (2)f4i1eno IeIuawuoJInu3;v juau:pedap INIW3DwojNa F�;I� No.-!a� A , " IV0V 9 ` 2004 State of North Carolina DWQ KEPLY To: Francis W. CraN%'lcv ROY COOPER Department of .)ustice Environmental Division /Vi'l-ORNEY GENERAL P. O. BOX 629 (919) 716-6600 RAL,EIGH (919) 716-6767 2 7602 -06'' 9 November 8,?004 W. Robert Livingston, Jr. CERTIFIED MAIL Turnbull Company Farms, LLC RETURN RECEIPT REQUESTED 2019 Dowd Dairy Road White Oak, North Carolina 28399 RE: Assessment of Civil Penalties Against W. Robert Livingston, Jr., DV 2003-0041 Dear Mr. Livingston: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, your company must submit payment of the civil penalty assessment and investigative costs to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment and Natural Resources and the mailing envelope addressed as follows: Mr. Bob Sledge Water Quality Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If your company fails to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. FWC/dk Enclosure cc: Lois Thomas �Veery truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel NOV 1 U M4 oENR - FAYETf -V LLE REGIONAL OFFICE _V G STATE OF NORTH CAROLINA COUNTY OF BLADEN IN THE MATTER OF: ) Assessment of Civil Penalties ) .Against W. Robert Livingston, Jr. and/or ) Turnbull Company Farms, LLC ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION DV 2003-0041 (AGENDA ITEM 04-02) ' FINAL DECISION THIS MATTER came before the Committee on Civil Penalty . Remissions of the Environmental Management Commission, pursuant to N.C. Gen. Stat. § 143-215.6A and 143B-282.1, on Thursday, 14 October 2004 upon recommendation of the Director of the Division of Water Quality against any remission or mitigation of the civil penalties and investigation costs assessed against Robert Livingston, Jr. and/or Turnbull Company Farms, LLC (hereafter, the Farm) in the amount of $4,534.44 ($4,000.00 plus $534.44 investigative costs). The Farm's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Farm was informed of its right to speak to the Committee at its meeting to consider the remission request, but did not send a representative to appear. Having considered the record and the factors set forth in N.C. Gen. Stat. § 14313-282.1(b) and (c), the Committee on Civil Penalty Remissions finds that The Farm has stipulated to the facts, as they are related in the 22 October 2003 Findings and Decision and Assessment of Civil Penalties (the Findings and Decision), signed by Jeffrey 0. Poupart, Supervisor, Compliance and Enforcement Unit; the facts are as set out in the Findings of Fact of the Findings and Decision; the facts support the Conclusions of Law in Mr. Poupart's Findings and Decision; the Conclusions of Law and the facts fully support the assessment of the civil penalties; and Mr. -2- Poupart properly applied the criteria set forth in N.C. Gen. Stat. § 14313-282.1 in determining the amount of the civil penalties. The Committee further finds that there are no grounds shown for remission or reduction of the penalties assessed by Mr. Poupart for The Farm's violation of N.C. Gen. Stat. §143-215.1 on 21 July 2003. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $4,534.44 ($4,000.00 civil penalty plus $534.44 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $4,534.44 against W. Robert Livingston, Jr. and/or Turnbull Company farms, LLC is AFFIRMED. 2. That this Final Decision and Order be served upon The Farm and upon receipt hereof, the amount of $4,534.44 be paid to the Department of Environment and Natural Resources within thirty days. Payment must be mailed to the following addressee: Keith Larick Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 This the day of , 2004. Dav d H. Worchu, Chairman Environmental Management Commission and Chairman, Committee on Civil Penalty Remissions Group I H -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: W. Robert Livingston, Jr. Turnbull Company Farms, LLC 2019 Dowd Dairy Road White Oak, NC 28399 Keith Lariek Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Paul E. Rawls Regional Supervisor Fayetteville Regional Office Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, North Carolina 28301-5043 This the -L day of AWti , 2004. CERTIFIED MAIL RETURN RECEIPT REQUESTED U.S. MAIL COURIER MAIL ROY COOPER Attorney General t Ih� Let, 4&lev— Edwin Lee Gavin 1I Assistant Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 Ji DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number. DV 03-041 Region_ FawUevilleRegronal D,ffice County: BLADEN Assessed Entity: JTURIVBULL COMPANYFARMS. LLC (} Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: NIA There was no apparent claim made for this factor. (x) Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: The permittee has chosen this factor and attempted use prompt action as grounds for remissions He 92es on to outline action taken and indicates that "We have re -dedicated ourselves to keeping our system well maintained". Regional staff agree that appropriate corrective and remedial action was performed by the permittee beginning on July 20, 2003 but do not, agree that the action was prompt. The enforcement resort indicates that staff _c"ld not establish a timeframe relating to the duration_ of the spill but based observations it was apparent that Ihe Mill had been on pin Stab' determined that the spill reaching surface waters was in excess of 1,000 gallons but could not determine in fair manner how much more. The ction taken by the germittee was considered in assessment of the penalty of this case. It is felt that if the_uermittee had been inspecting the system in a more thorough end timely manner the spill would have never reached surface waters. (x) Whether the violation was inadvertent or a result of an accident; Notes: The oermittee indicates that the clean -out was damaged probably _�.L .. _. .. W___..... L!a LL -.---.L:l--..aA!- - aL .. .-........ ..- AL- I......_- -JS7.- _(c not feel that this is grounds for remission due to the apparent duration of the spill as noted above. It is felt that failure to address problems, even those reportedly an accident, in it prompt and thorough manner does not relieve the permittee from the responsibility -to comma Page 1�af 2 Page 2 of 2 Turnbull Company Case Number: DV- 03-041 (x) Whether the violator had been assessed civil penalties for any previous violations: Notes:_There was no _apparent claim made for this factor. O Whether payment of the civil penalty will prevent payment for the remaining neressary remedial actions. Notes: There was no apparent claim made for this factor. Decision (Check one) Request Denied_ Full Remission Partial Remission Amount remitted �,Jq�oq 14�:: 91-� Date Aian Klimek, P.E. Dec 01 03 03:02p TURNBULL COMPRNY 910 OGG 539G p.1 THE TURNBU LL COMPANY 2019 DOWD DAIRY ROAD WHITE OAK, NC 28399 910 866-5395 (0) 910 862-1643 (C) November 28, 2003 Paul E. Rawls North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Rawls: We received a letter. from Jeffrey O. Poupart transmitting notice of fine and costs totaling $4,534.44 as a result of a spill we had on July 20, 2003 (Your File No. DV 03- 041.) We are in favor of paying a penalty but feel the amount is excessive. Therefore, we hereby request a smaller fine in this case for the following reasons: r 1. We immediately shut down the recycle pump which was pumping water into the system. We also immediately stopped power -washing the farrowing room. Both these operations were the source of water for the spill. We then immediately unplugged the open end of the drainpipe going into the lagoon, which had caused the water to back up and overflow. In the same hour we replaced the broken clean -out pipe, which allowed the water to overflow. Next we cleaned up the immediate area of the spill to prevent the movement of spilled water. On your suggestion we dug a sump in the nearby woods to catch and reclaim all water possible. We continued pumping out of this sump for one week. We returned this water to the lagoon. We had a crew meeting, explained what had happened, and asked for ideas and suggestions on ways to prevent further occurrences and stay incompliance. We have daily checked the lagoon system since that date to prevent other problems. We have re -dedicated ourselves to keeping our system_ well maintained. 2. The spill was a result of an accident. We are not sure how the clean -out pipe was damaged, but feel it probably occurred when the mower hit the pipe while cutting grass on the lagoon dike. Thank you very much for your consideration of this request, Sincerely, W. Robert Livingston, Jr. ��,.xEP 1Zf 1'03 3 0�, W A ]FR Michael F. Easley, Governor p % William G. Ross Jr., Secretary G Department of Environment and Natural Resources > Alan W. Klimek, P.E. Director o `I -r Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 30, 2003 Mr. W. Robert Livingston, Sr. Turnbull Company Farms, LLC 2019 Dowd Dairy Rd. White Oak, NC 28399 RE: Remission Request Turnbull Company Farms, LLC Permit No. AWS090107 Bladen County File DV 03-041 Dear Mr. Livingston: 2 2004 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on February 4, 2004, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 571. Sincerely, Keith Larick Non -Discharge Compliance & Enforcement cc: Paul Rawls, Fayetteville Regional Supervisor w/attachment Larry Barley, Fayetteville Regional Office w/attachment Central Files File DV 03-041 w/ attachment NCUENR Customer Service: Maillny Address: Telephone (919) 733-6083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733.0059 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier #52-01.01 Raleigh, NC 27699-1617 An Equal Opportunity /Atfimtative Action Employer 5045 recycled / f 0'S past -consumer paper http://h2o. enr state.nc. us Dec�01 03 03:02p TURNBULL.COMPANY 910 866 5396 p.1 THE TURNBULL COMPANY 2019 DOWD DAIRY ROAD WHITE OAK, NC 28399 910 866-5395 (0) 910 862-1643 (C) November 28, 2003 Paul E. Rawls North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Rawls: We received a letter from Jeffrey O. Poupart transmitting notice of fine and costs totaling $4,534.44 as a result of a spill we had on July 20, 2003 (Your File No. DV 03- 041.) We are in favor of paying a penalty but feel the amount is excessive. Therefore, we hereby request a smaller fine in this case for the following reasons: l . We immediately shut down the recycle pump which was pumping water into the system. We also immediately stopped power -washing the farrowing room. Both these operations were the source of water for the spill. We then immediately unplugged the open end of the drainpipe going into the lagoon, which had caused the water to back up and overflow. In the same hour we replaced the broken clean -out pipe, which allowed the water to overflow. Ne-xt we cleaned up the immediate area of the spill to prevent the movement of spilled water. On your suggestion we dug a sump in the nearby woods to catch and reclaim all water possible. We continued pumping out of this sump for one week. We returned this water to the lagoon. We had a crew meeting, explained what had happened, and asked for ideas and suggestions on ways to prevent further occurrences and stay in compliance. We have daily checked the lagoon system since that date to prevent other problems. We have re -dedicated ourselves to keeping our system well maintained. 2. The spill was a result of an accident. We are not sure how the clean -out pipe was damaged, but feel it probably occurred when the mower hit the pipe while cutting grass on the lagoon dike. Thank you very much for your consideration of this request. Sincerely, a LU , aet,7`' i W. Robert Livingston, Jr. 0 F:AX 1Z%��o3 3 P. STATE OF NORTH CAROLINA COUNTY OF, Bladen IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST W. Robert Livingston, Jr. and/or Turnbull Company Farms, LLC ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 03-041 Having been assessed civil penalties totaling $4,534.44 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated October 22, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to.the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the 1 q day of . DEC C7 M-8 &R , 20,E ut R L.- SIGNATURE ADDRESS W F- rT e C),41() �,I C_ 2 8 3 a 9 TELEPHONE q_Io . 3&9--S37.5 it . OF W A rFR Michael F. Easley, Governor � p William G. Ross Jr., Secretary `O G -11 r_ Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Q Coleen N. Sullins, Deputy Director Division of Water Quality December 30, 2003 Mr. W. Robert Livingston, Jr. Turnbull Company Farms, LLC 2019 Dowd Dairy Rd. White Oak, NC 28399 RE: Remission Request Turnbull Company Farms, LLC Permit No. AWS090107 Bladen County File DV 03-041 Dear Mr. Livingston: � N r 2 2004 This letter is to acknowledge receipt of your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on February 4, 2004, and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext. 571. Sincerely, Keith Larick Non -Discharge Compliance & Enforcement cc: Paul Rawls, Fayetteville Regional Supervisor w/attachment Larry Baxley, Fayetteville Regional Office w/attachment Central Files File DV 03-041 w/ attachment NCDENR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1.877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled 11006 post -consumer paper httpl/h2o. enr, state.nc. us Dec�01 03 03:02p TURNBULL-COMPANY 910 866 5396 p.1 THE TURNBULL COMPANY 2019 DOWD DAIRY ROAD WHITE OAK, NC 28399 910 866-5395 (0) 910 862-1643 (C) November 28, 2003 Paul E. Rawls North Carolina Division of Water Quality Water Quality Section Department of Environment and Natural Resources 225 Careen Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Rawls: We received a letter. from Jeffrey O. Poupart transmitting notice of fine and costs totaling $4,534.44 as a result of a spill we had on July 20, 2003 (Your File No. DV 03- 041.) We are in favor of paying a penalty but feel the amount is excessive. Therefore, we hereby request a smaller fine in this case for the following reasons: 1. We immediately shut down the recycle pump which was pumping water into the system. We also immediately stopped power -washing the farrowing room. Both these operations were the source of water for the spill. We then immediately unplugged the open end of the drainpipe going into the lagoon, which had caused the water to back up and overflow. In the same hour we replaced the broken clean -out pipe, which allowed the water to overflow. Next we cleaned up the immediate area of the spill to prevent the movement of spilled water. On your suggestion we dug a sump in the nearby woods to catch and reclaim all water possible. We continued pumping out of this sump for one week. We returned this water to the lagoon. We had a crew meeting, explained what had happened, and asked for ideas and suggestions on ways to prevent further occurrences and stay in compliance. We have daily checked the lagoon system since that date to prevent other problems. We have re -dedicated ourselves to keeping our system well maintained. 2. The spill was a result of an accident. We are not sure how the clean -out pipe was damaged, but feel it probably occurred when the mower hit the pipe while cutting grass on the lagoon dike. Thank you very much for your consideration of this request. Sincerely, W. Robert Livingston, Jr. J: o3 3 ; " ✓ -- . STATE OF NORTH CAROLINA COUNTY OF _ Bladen IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST W. Robert Livingston, Jr. and/or Turnbull Company Farms, LLC ENVIRONMENTAL. MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV 03-041 Having been assessed civil penalties totaling $4,534.44 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated October 22, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that'all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the I q day of DEC CM-6" , 20_03 ut Rom$" SIGNATURE y6OC 2019 DOWD PAIRY RO/k-p Wl+rTe d R<<, �.t c. 'Z83a9 TELEPHONE o 3&4--537.s I of W A rF9 OCT L 4 2003 GJ r >_Qg@ L- 0 `C ERTTMD MAIL RETURN RECEIPT REQUESTED Mr. W. Robert Livingston, Jr. Turnbull Company Farms, LLC 2019 Dowd Dairy Rd. White Oak, NC 28399 Dear Mr. Livingston: Michael F. Easley, Governor William G. Ross Jr., Secretary N ( Department of Environment and Natural Resources October 22, 2003 Alan W. Klimek, P.E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Turnbull Company Farms, LLC Bladen County File No. DV 03-041 Permit No. AWS090107 This letter transmits notice of a civil penalty assessed against Turnbull Company Farms, LLC in the amount of $4,534.44, including $534.44 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 violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Keith Larick Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 OR WCDERA Customer Service: Malling Address: Telephone (919) 733-5083 Location: 1-877.623-6748 1617 Mail Service Center Fax (919) 733.0059 512 N. Salisbury St, Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50 % recycled/ 10% post -consumer paper http:l/h2o. enr. state. no. us Mr. Livingston Page 2 10/1/2003 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remssion is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall he considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (S) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Division of Water Quality t617 Mail Service Center Raleigh, NC 27699-1617 OR 3. File a petition for an administrative hearing �i ith the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings Mr. Livingston Page 3 10/1/2003 within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 AND Keith Larick DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 733-5083, extension 571. Sincerely, Jeffrey O. Poupart Supervisor Non -Discharge CompIiance/Enforcement Unit ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments LUr-y &e1ey) FRO 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 W. Robert Livingston, Jr. and/or ) STIPULATION OF FACTS Turnbull Company Farms, LLC } FILE NO. DV 03-041 Having been assessed civil penalties totaling $4,534.44 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated October 22 2003 ., the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 20 . SIGNATURE C. Oi; TELEPHONE JUSTIFICATION FOR RENUSSION REQUEST DWQ Case Number: DV-03-041 County: Bladen Assessed Party: W. Robert Livingston and/or Turnbull Company Farms, LLC Permit No. (if applicable): AWS090107 Amount Assessed: $4,534.44 Please use this form when requesting remission of this civil penalty. You must also complete the "Re -quest For Remission, Waiver of Right to an Administrative Hearing,, and Stipulation o� Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as .they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent fitture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare far); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN FILE NO. DV 03-041 IN THE MATTER OF ) W. ROBERT LIVINGSTON, JR. AND/OR ) TURNBULL COMPANY FARMS, LLC. ) FINDINGS AND DECISION FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF 15A NCAC 2H .0217 ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality (DWQ) I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section of the DWQ, make the following: I. FINDINGS OF FACT: A. Mr. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC owns and operates a concentrated animal operation in Bladen County. B. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC was issued Certificate of Coverage AWS090107 under Swine Waste General Permit AWG100000 issued pursuant to North Carolina General Statute 143-215.1 on April 26, 1994, for the operation of an animal waste collection, treatment, storage, and application system. C. On July 21, 2003, DWQ staff observed a discharge of wastewater by W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC from a clogged discharge line to an unnamed tributary of Ellis Creek. Ellis Creek is classified as Class C Swamp waters of the State within the Cape Fear River Basin, D. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $ 534.44. Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC 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. The unnamed tributary to Ellis Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). D. The above -cited discharge constitutes making an outlet into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. E. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC, 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 W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282. I (b)(8). G. The Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law; I make the following: III. DECISION: Accordingly, W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC is hereby assessed a civil penalty of: 4 $ for violation of G.S. 143-215.1 for discharging animal waste into waters of the state without a permit. $ 5 4 44, _ Enforcement costs $ 44 S 4Iy 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. 22 C�rcz (Date) Jeffrey O. Poupart, Supervisor, Compliance and Enforcement Unit, Division of Water Quality ,OAT 2 4 2003 October 22, 2003 CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. W. Robert Livingston, Jr. Turnbull Company Farms, LLC 2019 Dowd Dairy Rd. White Oak, NC 28399 Michael F. Easley, Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Duality Coleen H. Sullins, Deputy Director Division of Water Quality SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Turnbull Company Farms, LLC Bladen County File No. DV 03-041 Permit No. AWS090107 Dear Mr. Livingston: This letter transmits notice of a civil penalty assessed against Turnbull Company Farms, LLC in the amount of $4,534.44, including $534.44 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 violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Keith Larick Water Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 K LI Customer Service: Mailing Address: Telephone (919) 733-5063 1-877.623-6748 1617 Mail Service Center Fax (919) 733.0059 Raleigh, North Carolina 27699-1617 State Courier #52-01.01 An Equal Opportunity lAtfirmativeAction Employer 50% recycled / 10% post -consumer paper http.-Ah2o. enr. state.nc. us NCDENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Mr. Livingston Page 2 10/ 1/2003 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Keith Larick Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings Mr. Livingston Page 3 1011 /2003 within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 AND Keith Larick DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attornev General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Larick at (919) 733-5083, extension 571. Sincerely, Jeffrey O. Poupart Supervisor Non -Discharge CompIiance/Enforcement Unit ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Office 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 ) ADN HNISTRATTVE HEARING AND W. Robert Livingston, Jr. and/or ) STIPULATION OF FACTS Turnbull Company Farms, LLC ) FILE NO. DV 03-041 Having been.assessed civil penalties totaling $4,534„44 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated October 22, 2003 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 20T SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-03-041 County: Bladen Assessed Party: W. Robert Livingston and/or Turnbull Company Farms, LLC Permit No. (if applicable): AWS090107 Amount Assessed: $4,534.44 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rijzht to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282,1(b) were wrongfully aRI21ied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent figure occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) 'the violator had not been assessed civil penalties for any previous violations; (e) payment of the -civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BLADEN FILE NO. DV 03-041 IN THE MATTER OF ) W. ROBERT LIVINGSTON, JR. AND/OR ) TURNBULL COMPANY FARMS, LLC. } FINDINGS AND DECISION FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF 15A NCAC 2H .0217 ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality (DWQ) I, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section of the DWQ, make the following: I. FINDINGS OF FACT: A. Mr. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC owns and operates a concentrated animal operation in Bladen County. B. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC was issued Certificate of Coverage AWS090107 under Swine Waste General Permit AWG100060 issued pursuant to North Carolina General Statute 143-215.1 on April 26, 1994, for the operation of an animal waste collection, treatment, storage, and application system. C. On July 21, 2003, DWQ staff observed a discharge of wastewater by W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC from a clogged discharge line to an unnamed tributary of Ellis Creek. Ellis Creek is classified as Class C Swamp waters of the State within the Cape Fear River Basin. D. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled $ 534.44. Based upon the above Findings of Fact, I make the following: IN CONCLUSIONS OF LAW: A. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC 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. The unnamed tributary to Ellis Creek is waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6). D. The above -cited discharge constitutes making an outlet into waters of the State for purposes of G.S. 143-215(a)(1), for which a permit is required by G.S. 143-215.1. E. W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC, 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 W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282. I (b)(8). G. The Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Water Quality Section, Division of Water Quality, pursuant to delegation provided ct by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law; I make the following: III. DECISION: Accordingly, W. Robert Livingston Jr. and/or Turnbull Company Farms, LLC is hereby assessed a civil penalty of:' $., for violation of G.S. 143-215.1 for discharging animal waste into waters of the state without a permit. $ Enforcement costs $ S: �� 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. 22 Gar c-3 (Date) Jeffrey O. Poupart, Supervisor, Compliance and Enforcement Unit, Division of Water Quality . Ujj;A rF Michael F. Easley, Govemor d �Q William G. Ross Jr., Secretary North Carolina Department of 1mvironnreni and Natural Resources `a. 2 Alan W. Klimek, P. E. Director > Division of Water Quality 0 -C Coleen It. Sullins, Deputy Director Division of Water Quality September 17, 2003 MEMORANDUM TO: Jeff Poupart Nan-Dischar e Compliance THRU: Paul Ra is Water Qua i Regional Supervisor Fayetteville Regional Office FROM: Larry Baxley Environmental Specialist Fayetteville Regional Office SUBJECT: Enforcement Package Turnbull Company Farms, LLC Facility No. 09-107 Bladen County Please find enclosed a fast track enforcement package pertaining to the discharge of animal waste at the subject facility. Thank you for your cooperation regarding this manner. If you have any further questions or need clarification on any of the details, please contact me. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Internet: ww%v.enr.state, nems/ENR An Equal Opportunity 1 Affirmative.Action Employer — 50% Recycled 110% Post Consumer Paper ANIMAL OPERATION INSPECTION FORM I . Date of Inspection(s): July 21, 2003, 2. Regional Office: Fayetteville, Water Quality Section 3. Name of Owner of Property: W. Robert_ Livingston. 4. Name of Operator: Turnbull Co. Farms, LLC. 5. Address: 20-19 Dowd_Dajrry_Rd. White Oak, NC 28399 6. Phone Number: (9.1_0) 866 - 5297. 7. Description of Facility Location, Map excerpt attached: Farm is located on the west side of SR 1332 1 mile South of the intersection with SR 1324. 8. Date this facility began operation: 4/26/1994. 9. Date of last expansion: Not applicable. 10. Has the facility registered with DWQ? If yes, date of registration; N/A. 11. Does the facility have an approved Animal Waste Management Plan: Yes 12. Has this facility received a CAFO Designation; NIA. 13. Type of Operation: Swine: Farrow to Wean. 14. Number and type of livestock: There were approximately 2,400 animals on the site at the time of inspection. 15. Length oftime animals have bcen,-are, or will be stabled, or confined and 1cd or rnaintaincd in any 12 month period: Twelve ( 12) months 16. Are crops, pasture, or pest harvest residues sustained in the normal growing season over any portion of the lot or facility? Yes,_faciiity was designed to utilize approximately 9.6.6 acres of land on which to apply waste. The certified waste -management plan calls for bermuda hay and bermuda grazed both ofwhich can be overseeded with small grain. It also al lows corn and fescue grazed as well. 17. Type of Waste Management System: Swine are kept in total confinement free stall barn with slotted floors over flushingpits. Waste is flushed as needed from Boor pits into the waste lagoon systctn. The boon system is composed of one (I ) lagoon from which waste can be pumped to the application fields via a mobile reel and spray gun system. 18. Description of other animal operations in the immediate vicinity and proximity to same or other surface waters: A swine farm owned and operated by Mr. William R. Kinlaw ,_facility_ number 9-133, is about 1-mile to the South . 19. Proximity of facility to neighboring houses, wells, etc.: The. nearest. residence is at a distance of greater than I A0 feet . 20. Approximate depth of ground water table in the area of the faeilityor discharge: Unknown. 21. Proximity of facility to surface waters: The UT extends through tv o ra hic drainage approximately.25 mile to the Ellis Creek. 22. Animal waste discharged: Swine Witnesses: Larry Baxley, DWO-WO Fayetteville Regional Offi_ce_[g10) 486-_1541 Paul Sherman. DWO-WO Fayetteville Regional Office (91_0) 486-1541 1 23. Are pollutants discharged in the waters of the State? YES 24. Do or have discharges occurred in response to a storm event less severe that the 25-year, 24 hour storm? Yes. 25. What is the degree and extent of harm to the natural resources of the State, public health, or to private property resulting from the violation? The discharge has caused the introduction of nutrients into the receiving waters, that wi 11 cause or add,to the possibility of algal blooms and accelerated, eutrophication of the stream. There are no known public health issues at this time. Waste discharges _nfthis nature may, based on c scents frc�m_Dr. M.A. Mixson. North Carolina Department of Agriculture, Veterinary Division, transport swine diseases if conditions are suitable. 26. What is the duration and gravity of the, violation'? DWO staff arrived at the Turnbull Co. Farms on the morning of July 21, 2003 in response to a call received from Mr, Livingston's agent . Kathy Dugan, Ms. Dugan explained that a plugged swine house discharge line had resulted in a spill and that cleanup and repair efforts were being made. During the site visit wastewater was observed to be exiting and had exited a storm. diversion ditch adjacent to the lagoon, The area had vet recently been mown and the stubble left suggested that it had been overgrown around the pipe where the spill originated. The wastewater then traveled several hundred yards throu h the woods and into an unnamed tributa of Ellis Creek. Samples were taken in several locations as well as photographs -to document the extent and scope of the shill. The farm manager stated that the problem was discovered by one of his employees and they had repaired it immediately. However he could not establish a timeframe as to the duration of the spill or the amount lost. Given the amount of waste still on site _and _the distance it had traveled it is reasonable to believe the spill had beeri going on for some time and that more frequent area maintenance could have detected it sooner. The dischargewas estimated to be approximatelx 1.000 gallons by Mr. Livingston, but the evidence suggest it nrobabl ry was much more.. ABBREVIATED SAMPLE RESULTS Location Coliforni, Fecal Source 3,100,000/ 100m I Downstream 58,000 Ellis Creek 10 Downstream Ellis Creek 58 Upstream 27. Water Quality Assessment: No observed impacts to wildlife in the receivingstream. ream. 28. What is the cost of rectifying the damage? The cost of rectifying_ damage would have included recovering waste from the branch in the wooded area and returning the waste to the lagoons orspray field. 29. What is the amount of money saved by noncompliance? NIA. 30. Was the violation committed willfully or intentionally? While closer monitoring and maintenance of the lagoon area possibly could have prevented or at least lessened the incidents impact it can not be stated. that. the violation was willfully committed. 3 31. What is the prior record or the violator in complying or failing to comply with programs over which Environmental Management. Commission has regulatory authority? 07/09/98 Notice of Deficiency Bare areas on dike and poor receiving crop. 03/20/00 NOVINOI Facility had less than required freeboard, ' 32. What is the cost to the State for the enforcement procedures? Coliform, Fecal: $23.40/ea X 4 samples $ 93.60 Larry Baxley @ 19.03/hr X 2.0 hrs. (Investigation) $ 38.06 Drive time-2.Ohrs $ 38.06 Report Development- 8.Ohrs $ 152.24 Paul Sherman@ 28.12/hr X 2.0 hrs. (Investigation) $ 56.24 Drive time- 2hrs $ 56.24 Central Office Review S 100.00 TOTAL $ 434.44 33. Type or general nature of business: Swine, Farrow to Wean. 34. What is the violator's degree or cooperation or recalcitrance? Cooperative, The owner has taken steps lessen the environmental_ impacts and has initiated policies to prevent a future occurrence. 35. Are there any mitigating circumstances? N/A 36. Assessment Factors: a. IWC: Unknown b. Receiving Stream: Unnamed tributary to Ellis Creek, Class C,Sw. c. Damage: None observed at time of incident. 37. Include a copy of any Designation letter signed by the Director. NIA 38. Recommendations Made to Owner/Operator: 1- To actively monitor all areas of the waste management system. 2- To dig a small depression in the flow corridor and to pump the collected material back to the lagoon or on to a spray field. 39. Recommendations for further DWQ Action: l- Notice of Violation / Notice of Intent (Forwarded August 14, 2003) 2- Enforcement Action 3- Reinsnection 40. Other Comments: r STATE OF NORT14 CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Bladen File No. DD IN THE MATTER OF ) Turnbull Co. Farms LLC ) } FINDINGS AND DhCISION FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF 15A NCAC 2H .0217 ) CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Mr. W. Robert Livingston Jr., Turnbull Co. Farms LLC operates a concentrated animal operation in Bladen County. & The Turnbull Co. Farms LLC was permitted as a nondischarge facility on April 26, 1994, in accordance with 15A NCAC 21-I .0217. C. July 21, 2003, DWQ staff observed a discharge of wastewater by the Turnbull Co. Farms LLC from a clogged discharge line to a un-named tributary of Ellis Creek , which are Class "C - SW" waters of the State within the Cape Fear River Basin. D. The Turnbull Co. Farrns LLC had no valid permit for the above described activities. E. The cost to the State of the enforcement procedures in this matter totaled $ 434.44 Based upon the above Findings of Fact, I make the following: CONCLUSIONS OF LAW: A. The Turnbull Co. Farms LLC 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. C. That Ellis Creek and its tributaries constitute waters o17 the State within the meaning of G.S.143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of' the nondischarge pennit, 15A NCAC 2H .0217. E. Turnbull Co. Farms LLC, 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 ten thousand dollars ($10,000.00) 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 Turnbull Co. Farms LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). G. The Director, of the Division of Water Quality, pursuant to delegation provided for by G.S.143-2i5.6A(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: Ill. DECISION: Accordingly, Turnbull Co.Fanns LLC is hereby assessed . a civil penalty of: E. for discharging waste to the waters of the State in violation of 15A NCAC 21-1 .0217. TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $ 434.44 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 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) Jeff Poupart, Enforcement and Compliance Supervisor, Division of Water Quality Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Foilow up O Emergency Notification O Other ❑ Denied Access rty Number 9 1Q7 Date of Visit: 07-21-2003 Time. 9:00 LLra( ro NolOperational 0 11clow'1'hreshold ® Permitted ® Certified O Conditionally Certified © Registered Date Last Operated or Above'1'hreshold ......... . _. Farm Name: ................................ County: BbAcA.................................... FPS? ......... Owner Name: Bab --------- 1.i�UlgsJun Phone No: 8h(t�:529Z.___. _-------.-------------____-- MailingAddress: 7.0.1.9.D.O.Wd.D.Ary..Rd.............................................................................................................................. Z8199 .............. Facility Contact: .Kaxbey.U1494n ............................. At*ent...................... Phone No: Onsite Representative: Integrator:]}r`45�t1_'SJ1��8CltliDit..lilt:�_.-----•--_-___-• Certified Operator: 1'.4'. 13t2jbFJt:t............................ I'lyl g5to t....................................... Operator Certifieatiou Number: 1.6953 ............................. Location of Farm: Jn west side of SR 1332, 1 mile south of intersection with SR 1324. + ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F 34 • 44 : FI5 Longitude 78 • 401 30 Design Currenf: DesignDesign Current Swine Capacit ;.Yo ulation .. Poultry Ca acit 1'0 `ulgtian Cattle Ca acit .Po ulation ❑ Wean to Feedcr JEI Layer JE3 Dairy ❑ Feeder to Finish ❑ Non -Layer ❑Non -Dairy ® Farrow to Wean 2400 r, ❑ ❑ Other harrow to Feeder ❑ Farrow to Finish Total Design Capacity., 2,400 ❑ Gilts : ❑ Boars Total Skw" 1,039,200 Number of Lagoons; 2 ❑Subsurface Drains Present❑ Lagoon Area ❑ Spray Field Area : Holding Ponds / Solid,l'rups' ❑ Nu Liquid Waste Management System Dischar=es & Stream Immicts 1. Is any discharge observed from any part of the operation? ® Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ®Other a. If discharge is observed, was the conveyance inan-made? ❑ Yes ❑ No b. if discharge is observed, did it reach Water of the State? (Ifyes, noti fy DWQ) ® Yes ❑ No c. lf(ischarge is observed, what is the estimated flow in gal/min'? N/A d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) ® Yes ❑ No 2, is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters ol'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 Struclure 3 Stricture 4 Structure 5 Structure b Identifier: ....................... Freeboard (inches): 0_5/03/01 (-nntinuod ' hacility Number: 9-107 Date of Inspection 07-21-2003 5. Are there any immediate threats to the integrity of any of the structures observed'? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan'? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings'? Waste Ayolication 10. Are there any buflers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload r ❑ Yes ® No El Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No 12. Crop type Coastal Bermuda (Graze) Fescue (Graze) Coastal Bermuda (Hay) Small Grain Overseed 13. Do the receiving crops ditTer with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage 6or land application? [❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facility is pended fur a wettable acre determination? [--]Yes ® No 15. Does the receiving crop need improvement'? 16. Is there a lack ofadequate waste application equipment? Required Records & Documents 17, hail to have Certi licate of Coverage & General Permit or other 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? (ic/ irrigation, 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 tail to have a actively certitied operator in charge? 22. Fail to notify regional DWQ ofemergency situations as required by General Permit? (ie/ discharge, fieeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection 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? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No (:]Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No [:]Yes ® No ® Yes ❑ No ❑ Yes ® No © No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. hk.,:��.+':!r - + 9 6; i d4 'i,. :}�tl� :�.,-•_..�-fi- -. �.ii(b"+! H �J �il> * ar i. i - � Coniments'(referti,WW, uestion Explainb anypYES answers''and/or.any recommendatioi or any other comments , f4 -, ,q Use r,.,wingsr oy: ilty to bettearplaon{ue adcltonal pages asena eessar.) nsury n IN Field Copy ❑ Final Notes t The farm was visited as result of a call from Kathy Dugan acting as Mr. Livingston's agent. One of the swine house discharge lines had plugged during cleanout of the house resulting in a waste spill. The waste had crossed a diversion ditch and discharged into a wooded area. The waste had then travelcd several hundred yards into an UT of Ellis Creek. Reviewer/Inspector Name '.Larry, Baxley,. Paul Sherman Reviewer/lnspector Signature: Date: r • 41k. A71 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 14, 2003 CERTIFIED MAIL RETURN RECEIPT RE VESTED Mr. W. Robert Livingston Jr. 2019 Dowd Dairy Rd. White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT Turnbull Co. Farms LLC Permit No. AWS090107 Facility No. 9 - 107 Bladen County Dear Mr. Livingston: William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality 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 July 21, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a report of a waste spill received from Ms. Kathy Dugan of Galbetry Services. Upon arrival at the facility, it was observed that wastewater had exited a plugged house discharge line. The wastewater then entered and crossed a storm water diversion ditch, and flowed overland into the adjacent wooded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Ellis Creek. The wastewater originated at the clogged house discharge line, which had been repaired before DWQ staff arrived. DWQ was notified of the incident within 24 hours of first knowledge of the incident as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed: 1. Inspect the waste treatment and disposal'system more frequently with emphasis during irrigation events and the flushing of swine houses. 2. These inspections of future events will include observation of the above ground clean out pipes. 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING/ FAYE'l-MVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR,S rATE.NC.VS16NR! AN EQUAL OPPORTUNITY i AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED110% POST CONSUMER PAPFR DFNR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Livingston 8-14-03 Page 2 Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of waste analysis, and last 12 months of freeboard levels. 4. Review Best Management Practices (BMPs) and possibly amend to include inspection of the lagoon and waste disposal areas weekly, after significant rain events, and during the flushing of the houses to prevent a similar incident in the future. 5. Submit written explanation as to maintenance frequency of the waste disposal system and the lagoon area. This is to address mowing schedules and any inspection instructions implemented since the incident. 6. Submit written explanation of how the incident occurred, estimate of the amount of wastewater lost, and detail any steps taken to remediate the spill effects. Failure to comply with the above condition(s) may result in the facility losing its General Permit 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 fi.iture violation. You are hereby. notified that based on the above information., the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation 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 recommendation for enforcement. This office on or before September 4, 2003 should receive this response_ Information provided to this 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. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist 11, at (910) 486-1541. Sincere, , LCB: Icb/PR Paul E. Rawls Regional Water Quality Supervisor Cc: Compliance Unit -Raleigh Dave Nordin -Murphy -Brown Chris Bordeaux-Bladen Co. NRCS Central Files -Raleigh ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print, Clearly) ,S. Dale of Delivery Item 4 if Restricted Delivery is desired. , $ �� f Print your name and address on the reverse C. Signature so that we can return the card to you. El Agent ■ Attach this card to the back of the mallpiece, or on the front if space permits. x]tt_ r1'1 ❑ Addressee D:'Is delivery atldresa dlffere from item 1?; , ❑+Yesl...,,F • ' :1', Article Addre. ssed'4o: "? If YES, enter delivery address below: ❑ No MR W ROBERT LIVLNGSTON TURNBULL CO FARMS LLC 2019 DOWD DAIRY RD WTHITE OAK NC 28399 3. Service Type 9 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ; (Transfer'from service label) ;{{{{ i.{. 7 g p 1 2 510 0 0 0 0; 6 6 7 iI { 6 6,4 4 1 PS Form 3811, March 2001 Domestic Return Receipt 102595.01-M-142" -UNITED STATES POSTAL SE ostage,&+oesPd.a p N er e_CvJ0� • Sender: Please prin�f a� , address MR LARRY BAXLEY NC DENR - DWQ 225 GREEN ST - SUITE 714 FAYETTEVILLE NC 28301-5043 102 11111011111111Mill 1111I1I1IiIIIttill 111111111i11111111111it A d1i VV c t 7 09 -F Pl F it WMAN)"I" CA110tx IBladen' Owner jBob ILivingston Manager Address 2019 Dowd Dairy Rd. White Oak NC 28399 Location Certified Farm Name I Turnbull Company Farms, LLC Phone Number 1866-5297 Manauer Phone Lessee I O-ARO OMRO OWARO OWSRO *FRO ORRO OWIRO F777 On west side of SRA331A ' .mile-south-eiio'n' with' . . . . . . . . . . . 0 . . . . . . . . . . . . . . . ... ......... .. . . ..... ......... Certified Operator in Charge Backup Certified Operator Comments . Robert ingston ................... ......................... .. Date inactivated or closed ............. ....... L ... EIP Type of Operation M Swine [3Poultry [3Cattle [3Sheep E3Horses [3Goats [3None Design Capacity 2,4TO Swine -ts rotal 1F I WLIL 1;- SSLW 1,039,200 Farrow to Wean A MUM IMM, M"'ItHMM K. uF Turnbull Company Farms, LLC Brown's of Carolina, Inc Longitude Latitude 34.7375 y} 34 44 15 ❑ Request to be removed ❑ Removal Confirmation Recieved Comments Regional DWQ Staff 78.6750 78 40 T30 1997 Nexp020 11 Irrigation System Higher Yields Vegetation Acreage Other Basin Name: Icape Fear tir �+ '� � i � I ,r Lam" .5�, t.k' i � ,. »err': { � + • �,� ., .}•.t �, � +}5 ��_ I "i"'� .1, V,4 . '�"f 5�N1�~ r • •wE + tS ,.. �, � J •r ,k�''`r�ipp�k yy}}e n � )5 + ; .`I ;,r� � �' � • +.�', { ir;i. , i �-. ,•>: ',:. ,ti' r � ,.ate. .. �` � . <� ,. � .+ • •�• 4 " /'tea+=, '� cd UD ,I 1 1��' ��{ 1' i'74' YMV 4 f's ! 1�r. 4•�r. ,'Y /' 7 F « Vi�a,�.i � ��'�,, � ,.*-m,�r �� �� //,�/`, . ,• �� N6r r!i"Ie. E k d`�Fa7:� - _ . yi.F r" t- ..Fi�'.!'.t.:' / M %�' I � ' P r:R� . r.l��' �' •�y, - . �{ � ' ' ; Y.� 'P4, ACC ' � � '� ' , • + +; j ' car ' o ti , '� 1+ �i4. � �� �, r �l� '� i 1 r#' •`1 � AA Cd 4 —= �•.i41 , �..•.....':_.._.�:�� � '+' , pit' �� }J ti ,' , • � '' H"� d ry�~r,�' . r , - �'':'S a"..,y., .i� ��r � .. Ak A A� + t��d 9f. +C +,rr-,1+'1�'-S•S���t ��k "at,� � +?R f,' r•ri+ rf s r , . '��!•t ,4 lryff /r--•`_..{ 3 �.,,�� .�i' �• �F'S . • try ��•+ .1., ite? A;;�'-5j,,k(•'' , ' � r R� �✓ ��. A".�Q J r ., a 74' .1/TIY'Y. 1 r �'Ff' �+y Ty'7` ','. i �i,'V+•• '., t f..y°' f, .1 ``�� -1 + '��sa,�yP�d�� • �%: �, Ilfi ����ry. .i��R • ti '!f - Iti r ,t..sF• -'i .f. -=v'' l!.•''r" } j• 1ISr'fA,.�V,r,. ®.Microbac Laboratories, Inc. FAYETTEVILLE DIVISION NC #11 ' , , 2592 HOPE MILLS ROAD NC #37714 FAYETTEVILLE, NC 28306 USDA #3787 (910) 86471920 / (910) 864-8774 (FAX) http.//www.iiiici obcic.c.onI ClIEMISTRY - MICROBfOLOGY • FOOD SAFETY • CONS1. NIER PRODUCTS WA"rEl2 - AIR - WASTES - FOOD - PHARMACEUTICALS S • NUTRACEUTICALS i CERTIFICATE OF ANALYSIS CLIENT: NC DENR — DWQ ADDRESS: 225 Green Street, #714 Fayetteville, NC 28301 CONTACT PERSON: Mr. L. Baxley ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #03WE74618 2. Downstream -- ID #03WD74619 3. Ellis Creek, Down- ID 403WD74620 4. Ellis Creek, Up- ID #03WU74621 DATE REC'D: 07/21/03 SAMPLED: 07/21/03 SAMPLED BY: L. Baxley DELIVERED BY: L. Baxley SAMPLE CODE: WW, Grab REFERENCE: Turnbull DATA REVIEWED BY: DATE REPORTED: 07/23 03 ►+kk�kkkA-k++k**kkkkkkkkkia+-►kk4kkkkkk4kk+kAk+ia+ra;►++a+ -Jr tt44+41+11,4kk k +ka4+-J,4rk4,41,4a14416►44 Ai4ALYSIS METHOD 1 2 3 4 k++++++***kk+k+k*+++++k++k+t++k++ak+4*'k**+++++++++tk++++k+.►++++{++k++++k++4++++******+kk-k COLIFORM, FECAL (per 100 ml) SM18 9222D 3100000% 580000 10 58, < = Less than > = Greater than PAGE 1 OF 1 The data and other information contained an this, and tither yccrnnpa ,yinc7 do-m!ioNs, rt:prt!sent only the M r NA S ;E R ;anrple(s) 8naiyzed and is reotlered upon thr c'.)ndilion that it is not to b0 re:arod�. cod wt�dly if In parr tax advertising or other purposes without w; ittan approval from the laho :; ofy. y LISDA-EPA: NIQBH'Ttating Food Sanitation Consulrind L:hemfral and PJlicri biologiraf Analyses and, Res5a3rch rr . Report to: h r �� WATER QUALITY SECTION Page of i CHAIN OF CUSTODY (COC) RECORD NC DENRJDWQ LABORATORY (check one): CENTRAL I ] ARO I l WaRO For Investigation of. 11 )) : l -rk ` I t�tJGc7-� Sr]+ �f ri�tfn of Sample collector (print name) t and DM-1 forms completed by: t��.� ! �f\CrM u n Sample collector's signature: Field storage conditions and location (when applicable): Lair Use Only LAB NO. STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUhtRI R. 1 OF CONTAINERS W rwn ,uc- • 07 .1,I 0 12 30 Turn 6,k R 0%4 S re- ctm 0-7 41143 1 ! 0 p2 UV Tu.rr) v 1+ Up 0'14, U 3 0� -.SO o7 r • Re ' fished b ): _ D to 74L.. Time 3: Receiv signature): to v� me Relin is ed by (signature): Date Time Received by (signature): Date Time Relinquished by (signature): +. Date Time Received by (signature): Date Time Method of Shipment (circle one): tat, Courier and -delivered Federal Express UPS Other: . Security Type and Conditions: Sealed by: Bro n b INTRALABORATORY CHAIN OF CUSTODY - Lab Use Only LAB NUMBERS FROM THROUGH NUMBER BOTTLES ANALYSES REQUESTED. RwELINQUISHED BY: RECEIVED BY: DATE TIME � . T ?21a3 to.d,r W4 w NiC� �cz 10, a Coup `j' ty€. w" O ne`r'' Btaden Bob ton - Fac�itty Numaer 09 107 Swine • Turnbull Company Farms, LLC CorreS1�9nE�e1']Ce Hig Reason for Exe�np#ion ZH .D2D4 CertificationF7 Letter'Date Type of Letter .-''.Additional Comments=_ Noti f'Deficierrc _ ce o YY 0710S198 % �stablisl� coiner on bare areas>=of dike.> r R _Poor , -:to nonexi'steif beteiuda c_co :- 03/20/00 §NOV 1 Notice of Recommendation for RFRO was notified on 1128100 by the facility that lagoon freeboards si Enforcement I Were Less than minimum required by General Permit. 08/14/03 NOV 1 Notice of Recommendation for Discharge to WOS. SRC ' = Enforcement r . E f mement-Historv. Case Number:; --Central'.Office Log 1n- .-Date Penalty -Assessed : Penalty Amount ..: Amount Paid _ Case CtosedDate - � ra.`,S"ri`"�'4 d. 3 .:M;�.3ci - Site Visitation:HistorX Visitation 2083 Date Agency Type of Visit 07121103 :..4�i riSton :of Water -Quality. Compliance Inspection 2Q00 Visitation 20©Z Visitation= :.5 :Date AgeriCy:. Type of Visit Date = Agency Typeof. Visit 03121102 tltvisiorr o#Wafer Quay#ity . Compliance lnspeciio.ri `. 02122I00 Division of Water Quality - Compliance Inspection =12106102 Division of Soil and Water Operation Review Division of Water Quality Compliance Inspection 11[17100 Division of Soil and Water Operation Review ��.. ... .. .. r Turnbull Co. Farms LLC September 3, 2003 Paul Rawls, Regional Water Quality Supervisor North Carolina Division of Water Quality Water Quality Section, Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Rawls: 2019 Dowd Dairy Rd, White Oak, NC 28399 Tel: 910-866-5297 Fax:910-8GG-5396 RECEIVED QENR-FAYEli� LLERERO MLORE Thank you for the opportunity to provide an explanation for the accidental spill on my farm that was reported on July 21, 2003. As you know, the discharge was reported in a timely manner in accordance with my general permit and was the result of a cleanout pipe that overflowed. For clarity, the items you requested be addressed in your August 14, 2003 letter will be presented in the same order. 1. Inspection of the waste treatment and disposal system: a. During irrigation events, the system is checked approximately every 90 minutes. b. The lagoon area, as well as the rest of the collection, treatment and storage structures, will be inspected after storm events as required by the general permit. c. Additionally, during the time the houses are being flushed, the system will be inspected. 2. . Observation of the above ground clean out pipes: a. Since the accidental spill, the clean out pipes have been inspected daily. b. One individual has been designated to check the lagoon structure weekly, when flushing pits and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. c. Employees have committed to re -double efforts to prevent the loss of any sleeves, bags or other equipment into the pit which could result in the back up of waste. My employees are aware of the spill and want to do their part to keep this farm in compliance. 3. Copies of the WUP plan, past 12 months of waste analyses and freeboard levels are attached. 4. Best management practices: a. As stated in 2b above, one individual has been designated to check the lagoon structure weekly and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. b. An additional inspection will take place after flushing the houses, as indicated in 1 c above. c. The employee who operates the irrigation system is very careful to bring the pressure in the system up gradually to avoid any possible leaks. 5. Maintenance frequency of the waste disposal system, including lagoon area: a. To improve visual inspections, the lagoon area will be mowed every other month during the summer. b. As any replacement of pipe is needed in the pressurized system, the older pipe is replaced with improved schedule 80 PVC pipe instead of schedule 40 that was used originally. 6. Explanation of how the incident occurred, estimated waste water spilled and steps for remediation: a. The spill was a result of a broken clean out pipe that overflowed; the clean out pipe was repaired immediately after discovery. b. The estimate of waste water spilled was greater than 1000 gallons. c. The discharged liquid that remained was contained in a dug hole and was pumped back into the lagoon to prevent the potential of further run-off. d. A small berm was constructed to prevent the loss of any more waste water down the slope behind the lagoon. e. Millet was planted in the area behind the lagoon to take up any excess nutrients and to stabilize the area. f. The site has been inspected on a regular basis for any other problems. 7. Additionally included are pictures of the site that show remediation efforts. Please note details written on the back of the pictures. I have taken every remediation measure suggested and feel that the accidental spill was contained in as fast and effective way as possible. Further, heavy rainfall in the area during this time would have diluted any waste water that potentially moved as far as the tributary, thereby reducing the possibility of damage to Ellis Creek. If further information is needed, or if you have any questions or concerns, please feel free to contact me at 910-866-5395. Sincerely, - � W. 04X I)t . W. Robert Livingston, Jr. Turnbull Co. FartnS LLC 2019 Dowd t. airy Rd. Mite 0A, N(.; 28399 Tel: 91 f l-860-5297 hss:910-566-5296 July 24, 2003 Larry Baxley North Carolina Division of Water Quality Water Quality Section N Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Mr. Baxley: As required by the General Permit, this letter serves as a written report of the spill that occurred at Turnbull Company Farms; LLC on July 20, 2003 that was reported to DWQ, Fayetteville Regional Office at approximately 8:30 a.m. on July 21, 2003. Responding to the report of a spill were Mr. Paul Sherman and you. The spill was a result of a broken clean out pipe that overflowed, the clean out pipe was repaired immediately after the discovery and prior, to your visit. Close and regular examination of the above ground clean out pipes will be a priority of farm management in the future. In a meeting with the farm crew, one individual was designated to check the lagoon structure weekly and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. Further, the employees indicated that they would re -double efforts to prevent the loss of any sleeves, bags or other equipment into the pit which could result in the back up of waste. The discharged liquid that remained was contained in a dug hole and was pumped back into the lagoon to prevent the potential of further run-off. The site has been inspected on a regular basis for any other problems. If filrther information is needed, or if you have any questions or concerns, please feel free to contact me at 910-866-5395. Sincerely, , W. Robert Livingston, Jr. NUTRIENT MANAGEMENT PLAN Grower(s): Farm Name: County: Farm Type: Farm Capacity: Storage Structure: Storage Period: Application Method: Bob Livingston Turnbull Company Farms Bladen Far Wean 2400 Anaerobic Lagoon 18© days Irrigation RC°i'n .('rP Fx 4?C'[ DEERR - FAYEM ' E RF.G10fx�( 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 accommodate 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, tans, etc.): 2400 animals X 3212 gal/animal/year = AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs): 2400 animals X 5.40 Ibs/animal/year 7708800 gallons 12,960.00 Ibs 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. Hyd I Field Soil Crop Yield lbs N I Acres I Lbs N/Ac I Lbs N I Ibs N Type I Code I /Ac I /unit Residual /Ac Requir Time Page: 2 1 110 23 WaB C 5.5 50.00 3.00 275.0 825.00 Mar -Oct 111 23 WaB C 5.5 50.00 2.87 275.0 789.25 Mar -Oct 112 23 WaB C 5.5 50.00 1.21 275.0 332.75 Mar -Oct 213 22 WaB C 5.5 50.00 4.36 275.0 1199.00 Mar -Oct 214 22 WaB C 5.5 50.00 1.66 275.0 456.50 Mar -Oct 310 13 NoA P 3.0 50.00 5.89 150.0 B83.50 Apr-S 311 11,13 NoA P 3.0 50.00 1.31 150.0 196.50 Apr-S 312 12 KeA B 4.1 50.00 2.15 205.0 440.75 Mar -Oct 313 9 Ro B 3.0 50.00' 3.95 150.0 592.50 Mar -Oct 315 5-7 Ro P 3.0 50.00 3.05 150.0 457.50 Apr-S 316 5-7 Ro P 3.0 50.00 6.09 150.0 913.50 Apr-S 317 20 Ra B 3.0 50.00 3.41 150.0 511.50 Mar -Oct 318 8.10 WgB B 4.5 50.00 4.65 225.0 1046.25 Mar -Oct 319 8,10 WgB B 4.5 50.00 5.18 225.0 1165.50 Mar -Oct 320 8,6 WgB B 4.5 50.00 5.34 225.0 1201.50 Mar -Oct 330 4 Ro G 2.9 50.00 3.03 145.0 439.35 F-June, S-N 331 4 Ro G 2.9 50.00 5.79 145.0 839.55 F-June, S-N 332 4 Ro G 2.9 50.00 6.14 145.0 890.30 F-June, S-N 333 4 Ro G 2.9 50.00 4.26 145.0 617.70 F-June, S-N 334 4 Ro G 2.9 50.00 4.71 145.0 682.95 F-June, S-N 335 5 We P 3-0 50.00 6.82 150.0 1023.00 April -Aug 337 5 We P 3.0 50.00 6.14 150.0 921.00 April -Aug 339 5 We P 3.0' S0.00 3.16 150.0 474.60 April -Aug 414 5 WgB P 3.0 50.00 2.44 150.0 366.00 April -Aug Total 96.6 Available N *Difference 17265.35 12960.00 -4305.35 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 Page: 3 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 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 Cad 9MP A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass -Hay D Corn - Grain E Corn - Silage F Cotton G Fescue'- Grazed H Fescue- Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Millet Hay Lbs N utilized / unit yield 1.6 lbs N I 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 I bushel 2.4 lbs N / bushel 50 lbs N I acre 50 Ibs N / acre 2.5 lbs N / cwt 2.4 lbs N / bushel 4.0 lbs N / bushel 50 lbs N / ton 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: Page: 4 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 0.84 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 10080.00 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 33.60 acres of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 80.64 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 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. 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 Feld Soil Type Crop Application Rate in/hr Application Amount " inches 110 23 WaB C 0.60 1.00 111 23 WaB C 0.60 1.00 112 23 WaB C 0.60 1.00 213 22 WaB C 0.60 1.00 214 22 WaB C 0.60 1.00 310 13 NoA B 0.50 1.00 311 11,13 NoA B 0.50 1.00 312 12 KeA B 0.50 1.00 313 9 Ro B 0.35 1.00 315 5-7 Ro D 0.35 1.00 316 5-7 Ro D 0.35 1.00 317 20 Ro B 0.35 1.00 318 8,10 WgB B 0.75 0.75 319 8,10 WgB B 0.75. 0.75 320 8,6 WgB B 0.75 0.75 330 4 Ro G 0.35 1.00 331 4 Ro G 0.35 1.00 Page: 5 332 333 334 335 336 337 339 414 4 4 4 5 4 5 5 5 Ro Ro Ro We Ro We We WgB G G G P G P P D 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.75 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.75 *This is the maximum application amount allowed for the soil assuming the amount of nitrogen 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. Additional Comments: Grower is not required but may opt to overseed any or all acTNe listed in small grain to be cut for hay or grazed. Applications should not exceed 50 Ibs N/ac for this winter crop. Application window for small rain is S-A ril. Hydrants 330-334 will be planted in small grain and millet rotation and planted in fescue again in Fall of 2003. Application rates would be 50 Ibs N/ac and 150 Ibs N/ac respectively. Page: 6 NUTRIENT MANAGEMENT PLAN CERTIFICATION 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 approved animal waste nutrient management 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 nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Vwe 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): Please Print Signature: ( /0 Z Date Name of Technical Specialist: Sonya Johnson Barber Affiliation: Harvest Net, Inc. Address: P.O. Box 32 Council, NC 28434 Telephone: , , (810) 645-6768 Signature: Page: 7 NCDA..k ronomic.Division 4300 Reedy Creek. Road. Mci i,:\C 27607-6465; .19-733-2655 lie orUNo: W00817- W, . Grower: Turnbull Company Farms Copies 7o: Dugan, Kathy Attn: Bob Livingston 'y[t 2019 Dowd Dairy Road White Oak, NC 28399 Dalian, Kathy rite nal szs e ort Farm: Gallberry Consulting Services 5556 Braxton Rd 7/24/03 Bladen County Nape Mills, NC 28348 Sam le lnfo.: :Lalnorato' `Res lts" r million"6id6s:ofherwise rioted - ' . Sample ID: N P K Ca M S l,'e Mn Zn Cu B Mo Cl C 172103 '' - Total 298 60.5 289 I44 51.1 26A 2.11 0.43 1.44 0.19 0.78 IN N Waste Cade. NH4 ALS 403 Na Ni Cd A Al Se Li PH SS C:N DM% CCE% ALB K al 132 7.71 Description: ORN Suine Lagoon Li . Urea Recoinmen HOUS4, 6 ilitkkig afikfF r;Fi Cra _ . _ ='lbs%1000' ulloirs ...."' _ Odeer-;Elements .: -;=. y� ;Ibs/1000 A/�j�icalianMethod : YC' N P205-..' KzO r.Ca=-.Mp 5.,;aFc, s- Mnf �r Zn Gu B Mo cl.. d_:'..� =Na [rii"anon -_ , r s 1.2' 08i 2 0.84'f 0 0 O.I a O.OI .y� Sans.:.le Info ;= `.. _` : La6orato' ' `Results; arts; " r:'m�llion<i�iile'ss:otherwEsenoted , .' �';, '' � '. Sample 1D: N P K Ca Mg S I e Afn 7.n Cu B Mo Cl C 2721103�:'-;:� . Total 463 72.6 368 147 51.4 31.0 2,93 0.47 1.57 0.20 0,75 IN -N Waste Code: -NII4 ALS NO3 Na Ni Cd A Al Se Li pH S.S C.,N DM% CCE% ALE K al Description. OR-N 168 7.60 S%%ine Lagoon Li . Urea Recomiriendations , _ �1> ieirts Ava�la6le.=fo 'Fi"rst,Cro` f . .# a 'j „' lbs[1000 allons 4 < Other Elements lbs/I000:` al%rrs p diokiion Method : ^,. 14,. .:f- W P z03 K z0. .: {, Ca shfg ` S �Pe Mn " Zn Gu B Mo r^ !r .- Aa Ni Gd , .. i'b AI' Se gat, , , �!' 1 9 Lj MOVED .�: ` Ali23 L4 ' ; `A rTEVILE n uw1 -11V1b3 NCDA Agronomic Division 4300 Reed Creek Road- Ralei , NC 27607-6465 . 919 733-2655 - Re rt No: W07779 W Groner.. Turnbull Company Farms Copies To: Dugan, Kalhy ' Attn: Bob Livingston 2050 Gum Shaw Rd white Oak, NC 28399 A . asteAnalysis e ort Farm: � 4/11/03 Bladen County Sain leyIn% P , 'Laliorato . _Result§; is "er- liillian:unless otherwtse;noted y` Sample ID: N P K Ca Mg S Fe Mn Zn L'u B MO Cl C E�4403 Total 553 80.4 513 205 62.3 40.8 3.61 0.4 t 0.64 0.21 0.80 IN -N Waste Code: AM ALS -NO3 Na Ni Cd Pb Al Se Li PH SS C:N DMXI U'E% ALE K (l) 227 7.35 Description: OR-N Swine Lagoon Li . Urea Reedinirien�lations t='" i'Nuts-ientS Available'far:Firsl.Cro �"a "` l:Yb`sIl00O allorrS ' : Tbs/Z000 allons:, ' _: Y' ' .Other,Eletrients A� lIcatran Met W& �N P2(15'Cu Mo Cl PP # �Na... F, Nir Cd P,b Al Se • Li' ;Broadcastf 2:3 1.1 4.L 1.,`',036 Q�4. r00�' T = .T? T: `7 T . 1}9= _. 1.2 - 0 36 .0.24' 0.02 ,T.1:9' Sam le'lnfo.. Laliorato . IieSulis' s' ' r millron i+nless'otlierwiie noted ter,` Y r Sample ID. N P K Ca M .S Fe Mn Zn Cu B Mo Cl C W-4403: Tell 393 55.4 380 155 46.6 32.2 2.65 0.28 0.61 0.20 0.64 _ IN -N Waste Code: -NH4 Na Ni Cd Pb -Al Se Li PH SS C•N DAM CCE% ALE(K al) ALS -NO3 171 7.49 Description: OR-N Swine L oon Li . Urea R&6ifidieridAl ons ` '- ' 'NU—Mcki-`Availablef r, FirstiCro } alloris Other Elements ` lbs/1000 ddlons : .�' :. �`lbs/IOOQ' a ,.. -,. r . !!PPlrcahoi °Melbod }_ N _ -P�05 , K �0'=: ^t <z.. C. M. > k Fe : ` Mn , . 2n ' Gu " 3Be Ma g4.� ; CI Na : Ni - Cd '�Pb Al Se Li v r: i�. I 6• '�0: 4 n ., Eit,. - r adc B 0 d5 3 =x .�; t��.y. 0 1 ' -�j0.2 n`R 0:1 0::02'«: rT �r:T 9 7 9` 1:4 - �a..7., h, lrrrn ion:, . t s 1:6._ 0 74.... `3.0<- 0.91._ }.30 27. 0.19-.:. _.0 T; 5t"'& AA-t� #jqj 63 4300 lfei4)�.Creek Roia'-Raldo; Nc�17.661�-6465, ),,7- 3, portNo..%V05388 W M_ 6 5 'Re Grower- Turnbull Company Farms Copies To: Dugan, Kathy 2050 Gum Saw Rd. VAe Oak, NC 28399 • Dugan, Kathy A Rphort aste naipis Faun: Gallberry Consulting Seni ces 5556 Braxton Rd Bladen County Hope Mills, NC 28348 $aIIisle a [W&,S!t�WWu essT964,h6kd 7 Sample ID: N P K Ca Mg S Fe Mn 7n Cu 8 MO CI C El Total 484 62.8 444 163 41.4 41.9 2,40 0.38 0.76 0.18 0.90 IN -N Waste code: -jVH4 Na Ni Cd A At Se Li PH SS C.-N DM% CCT,% ALE(Kgal) ALS -A'03 185 7.34 DescriPtiow OR -A' Swine !i' "on Lig. Urea RecommCnilations: Nutrients Muilable.f6r' Fiist.CF6 66 Uons: 6.11e6titit S_ bsllOOO- a o Afifi,'46*yx Motbod N P2 -05 K�u C,i I - .:�- *g S JR M 8 'M -cf Na "d Pb"''Se M 4 1 bra-tory n 0 Sample ID.- N P K Ca Mg S Fe Mn 7n Cu B MO CI C CA09 Total 365 46,6 354 148 32.0 37.3 1.92 0.34 0.71 0.21 0.76 IN -N Waste Code: -NH4 Na Ni Cd A Al Se Li 111 SS ON DM% CCE% ALE(Kgal) ALS -NO3 152 7.47 Description: OR-N Swine La onn Lig. Urea V T i vil bY11000ridloiss & r tt6�1 N i" Available N.'ReW OthrerElcinents thS11000 gallons 1 4h, n Af&!bdFd '0 icah APP iC "X"T-,-,!.'.-P4O'5 KM M ic 13: -Mo:` ClNa Ari, Cd A Al Se Li .2 K, - NCDA Agmornic Division 4300 Reed , Creek Road , RAle8kh,'NC 27607=6465 919 733-2655: , .' Esport No: W01655 W Grower., ball Company Farsm Copies To: Harvest Net Inc. 2050 Gum Shaw Road White Oak, NC 28399 - ®� -� '.,;Itr.. a�. i�e E) aste nalysis. e ort Farm: Harvest Net Inc. _ PO Box 32 . Council, NC 28434 8/28/02 Bladen County Sma le Info. !2k2rato itesultS tiliflion�.utiless otherwise -noted Sampk 1D: N P K Ca M S Fe Mn Zn Cu B Ma Cl C Total 279 78.1 430 135 67.4 37.2 2.89 0.33 0.76 0.25 0.76 1 IN -N Waste Code: -NH4 ALS NO3 Na . Ni Cd P6 Al Se Li pH SS ON DMA CCE% AgLK al DeScrlptfon: OR-N 198 7,00 'Swine Lagoon Li . Urea Recommendations: Nutrients`Avaiiable' for First Croplbs 100U allnnS Qther-Clements ' . - `: �'1h's%I000 alionS Application Method N . `Pz05 K20 Ca .. S., Fe`< n bra `Cu. '.: .. B Mo >CI M8e Na „Ni Ctl. PG:. A1= Se Li Irrigation 1.2 1.0 3:4 0.79 0 39 , D 22 ; 4.02 . T:: 00! T: °, :T 1 7 Sam le:Iiafo: Lsbora Results' ":milliiin',unless.otherlwl n[ited Sample ID: 2 Waste Code: ALS oescHpuon: 41ne L Loon Li . N P 9 Ca S Fe Mn 2n Cu B Mo Cl C Total 479 IN -N -NH4 -NO3 OR-N Urea 70.6 535 156 61.1 33.6 3.85 0.36 0.70 0.24 0.89 Na Ni Cd A Al Se Li H SS C.N DAM CCE% ALE( a 244 7.11 Recommendations:' Nutrients Available for Flrst:Cro - '1bs/1000 allons Usher Elements ::: tbs/1000 altons oplicaBon Metbod Irrigation N P205" K20 2.0 0.94 4:3 Ca .' `MB ..: S -Pe ' ' Mn II 0.91; : 0:36: .0.20 0 02. T T. Cu ' ' 'o h!o ... Cl . ' ` :'T. ' - ..0.01. Nk .` 2:p ", Al Se Li mslon.,N3001 ""': 4 'A" fjN6. *084 Grower. Turnbull Company Farms Copiev To: Harvest Net Inc. 2050 Gum Saw Rd. WhiteOak, NC 28399 Harvest Net Inc. aste Analysis Reffort Farm: PO Box 32 Council, NC 28434 5/8/02 Bladen County Sain e- ry le!D.- N P K ca, S Fe Mn 7n Cu B Mo C/ C 47 Totat 417 146 1921 150 34.4 31.9 5-25 0.55 1.27 0.61 2.81 IN -N 'Waste Code: -NH4 IALS -NO3 Na Ni Cd Pb Al so Li PH SS CN DM% CCE% ALE (Kgal) 551 7.34 Description; OR-N Swine Lyoon Lig. Urea 4 Ok Wd M; 1 U ej 041 400ti We M&I 0 87V -0 Iry 6" EPO" � - 20P MEM0 ,31A ,� ,, -P) 6—�-"§'" 'j", lewas f ctconwas.a, awanounVot OrTsic eml T;s �erewrep aces�uRan 161e"iftMj tth�gag,�d !ni g '_�%a k-e'V m, V ' L.Ma r NO --.5 Sample ID: )V P K Ca Mg S Fe Mn Zn Cu B Mo Cl C TOW 552 103 1573 .147 32.5 26,5 4.16 0.58 L03 0.54 2.35 IN -N Waste Co -NH4 ALS -NO3 Na Ni Cd Pb Al Se M pH SS C.-N VM% CCE% ALEgal) 424 8,31 Description: OR-N Swine Lagoon Lig. Urea A M91r E o Irriaio W.0T ' kII� "M NNr rwK 1 MAx. Y 7l G -C 0 Z ,---Weekly Rainfall & Lagoon Level Records, ` \, ll � 7 � d 6 � f1�hJ�_FAYb'T('�1f1 l cR6rinAtAs nrnn� i IS LOIG v r • i f � Aw ����� 2 5 . ually KainfalllW88Kly LagOOn Level KBCora Farm: _ 1 rift January 20C)3 Freeboard Suuaurel February Freeboard s12�1��9I Sim MON TIJES WED THUR FRI SAT Check SUN MON TOES WED THUR FRI SAT — 70 , 2 3 ( I 21 u0i 5�O d 9 10 11 3 i 1 9 &0 1-7 1404 z 7 1 1kAZ t3 6.� t4 15 t5 17 1a 1n 11 12 13 14 15 -- 19—� 2D 63 2t 22 23 21 m to 17 - t6 19 20 21 22 ..��. 4- 5�__. 7 a 29 0.5 23 27 20 _ 57 2� 1"ca 3,0 March Freeboard SUN MON TIJES WEI7 THUR FRI SAT smidurw Check April Freeboard SUN MON TUES VJED THUR FRI SJ1T �St-uCtu«I 1 1 2 3 d 5 ba 3 4— 8 5 7 a �• 8 7 3z a 9 10 11 12 W ti u'A). 36 54. to 1i 13 11 ,5 z .D 3 14 �� ,5 11 17 15 19 3,2 2.1 33 ,E 35 ,7 ;a 19 20 21 22�.� 0 21� �Z2 23 24 23 28 3 2. 25 a 29 23� 29 30 } 2 "? 3160WAX �hRrT may Freeboard svuc,urtu Check June Freeboard ... StIc°urel GF.Ak SUED MON TUES WED THUR FRI SAT SUN MON TUES WED THUR FRI St+T 1z 3 1*7 2 3 S 9 7 ^. 5 /6 7 9 10 O. �� t0 11 12 13 14 O 1 ,z 4L 11 14 15 Ea 17 0.00 15 „1 11 10 t9 2D , 44- +jD 4x 6 19 1.6 Zi 22 23 4 (. /! fv L 1 s 7 27 z9 f . (o 4-� 40 T • 9 28 29 30 3, / r 9 30 rD {i L,0 Daily RainfalUWeekly Lagoon Level Record July Freeboard Suucturar August Freeboard Sc tWr;l 5L'N MON TUES WED THUR FRI SAT Check SUN MON TUES WED THUR FRI SAT" Cr.ah 39 �`�• 7� 8 ` 9 to 11 12 ,.� /r 35 T B B 37 3S — ----- 11 sa 19 ! �r o 11l h 1s 13 14 15 1e D C 7ry 2 23 24 25 20 / 7 1a�O 19 20 1-- r(J} d. 43 30 71) 3t 24 25 27 25 29 3a r �'3 40 Z w.. �5.uccliral September ...�. Freeboard s111,��o1 October Freeboard SUN MON TUES WED THUR FRI SAT Chi` SUN MON TUES WED THUR FRI wl _ 11 12 13 5 7 e 9 10 11 u'----c• 1e -- 1e 19 2D 12 13 t{ 1s 16 17 1e — •— i ••r ..1 2d 25 28 27 19+ 9 1 24 e — I2V ",9 ` T a22 30 31 1olrember Freeboard Structural December wr b' aard $f"jr ,raI aUN MOM T;Jc:5 WED THUR FRI SAT Chock SUN MON TUES WED THUR FM SPT ..... � '6•:8 W�. 1 1 2 3 S e _I3 -- y — a 7 e 9 10 11 12 13 - 0 1; ,a. 13 14 1s {' 15 1e 1T 1a 19 21 3 s M 2729 ZO 29 30 31 I 0:. i rainka �I Mtal¢ 1 tnnl. nr nr�aalor ini4iaY in hnv 1P+a1 lomm� iMwlrFhr ha4 Fx.+nn rFrnnFarl A � - NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. W. Robert Livingston Jr. 2019 Dowd Dairy Rd. White Oak, NC 28399 SUBJECT: NOTICE OF VIOLATION/NOTICE OF INTENT Turnbull Co. Farms LLC Permit No. A WS090107 Facility No. 9 - 107 Bladen County Dear Mr. Livingston: William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality 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 July 21, 2003, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a site visit to the above referenced facility in response to a report of a waste spill received from Ms. Kathy Dugan of Galberry Services. Upon arrival at the facility, it was observed that wastewater had exited a plugged house discharge line. The wastewater then entered and crossed a storm water diversion ditch, and flowed overland into the adjacent wooded area. The wastewater traveled through the wooded area and discharged into an unnamed tributary of Ellis Creek. The wastewater originated at the clogged house discharge line, which had been repaired before DWQ staff arrived. DWQ was notified of the incident within 24 hours of first knowledge of the incident as required by the general permit. The Division of Water Quality requests that the following item(s) be addressed: Inspect the waste treatment and disposal'system more frequently with emphasis during irrigation events and the flushing of swine houses. 2. These inspections of filture events will include observation of the above ground clean out pipes 225GREEN STREET -SUITE 714/SYSTELBUILD ING/FAYETTEVILLE.NC 28301-5043 PfIONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.STA1T.,N�:.U_ENR,' AN EQUAL OPPORTUNITY! AFFIRMATIVE ACTION EMPLOYER - 50°4, RECYCLED110.; POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-674,,9 Mr. Livingston 8-14-03 Page 2 3. Submit copies of the following: Current Waste Utilization Plan (WUP), last 12 months of waste analysis, and last 12 months of freeboard levels. 4. Review Best Management Practices (BMPs) and possibly amend to include inspection of the lagoon and waste disposal areas weekly, after significant rain events, and during the flushing of the houses to prevent a similar incident in the future. Submit written explanation as to maintenance frequency of the waste disposal system and the lagoon area. This is to address mowing schedules and any inspection insfructions implemented since the incident. 6. Submit written explanation of how the incident occurred, estimate of the amount of wastewater lost, and detail any steps taken to remediate the -spill effects. Failure to comply with the above condition(s) may result in the facility losing its General Permit 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. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation 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 recommendation for enforcement. This office on or before September 4, 2003 should receive this response_ Information provided to this 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. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist 11, at (910) 486-1541. Sincerel , LCB: lcb/PR Paul E. Rawls 'Regional Water Quality Supervisor Cc: Compliance Unit -Raleigh Dave Nordin -Murphy -Brown Chris Bordeaux-Bladen Co. NRCS Central Files -Raleigh Notification of Wastewater Spill in Bladen County House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems issue news releases when a waste spill of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared and issued to media in the affected county: The Turnbull Company Farms, LLC of White Oak had a wastewater spill July 20, 2003 of an estimated 1,000 gallons from a clean out pipe near the intersection of State Roads 1324 and 1332. The untreated wastewater spilled into an unnamed tributary that flows to Ellis Creek in the Cape Fear River Basin. The Division of Water Quality was notified of the event on July 21, 2003 and is reviewing the matter. For information contact the Turnbull Company Farms, LLC at (9I0) 866-5395. r JUL, Z 5 2003 3 r _ Turnbull Co. Farms uc--- - -- -- 2019 DoW Dairy Rd. WWta Oak, NC 28399 Td M4166-5297 Fax: 910-8"-5296 July 24; 2003 Larry Baxley North Garouaa nivisint, of Water Quality Water Quality Section Department of Environment and Natural Resources 22S Green Strect, Suite 714 Fayetteville, NC 28301-5043 Mr. Baxley: As required by the General Permit, this letter serves as a written report of the spill that. occurred at TumhulI Company Farms. LLC on July 20. 2003 that was reported to DWQ, Fayetteville Regional Office at approximately 830 a,m. on July 21, 2003. Responding, to the report of a spill were Mr. Paul Shemtan W you. The spill was a result of a broken clean out pipe that overflowed; the clean out pipe was repaired immediately after the discovery and prior to your visit. Cluse toid regular examination of the above ground clean out gripes will be a priority offanm Mwasement in dw future. In a meeting with the farm crew, one individual was designated to check the lagoon structure weekly and after every rainfall event of one inch or more, in addition to the inspection by the certified operator. Further, the employees indicated that they would re -double efforts to prevent the loss of any sleeves, bags or outer equipment into the pit which could result in the back up of waste. The discharged liquid that remained was contained in a dug hole and was pumped back into the lagoon to prevent the potential of finther run-off. The site has been inspected on a regular basis for any other problems. If further information is needed. or if you have any questions or concerns, please feel free to contact me at 910-866-5395. Sincerely, W. Robert Livingston, Jr. Notification of Wastewater Spill in Sladen County House Bill 1160, which Iha Ovaml Amuibly cwwwd in July 1999, requiros that municipalities, animal operations, industries and others who operate waste handling systems issues news relesas" when a waste spill of 1,000 gallons or more reaches stuface waters, In accordance with that regulation, the tbllowing news release has been prepared and Issued to media in the affected county: The Turnbull Company Farms, LLC of White Oak had a wastewater spill July 20, 2003 of an estimated 1,000 gallons front a clean out pipe near the intersection of State Roads 1324 and 1332. The untreated wastewater spilled into an unnamed tributary Hurt flows to Ellis Creek in the Cape Fear River Basin. The Division of Water Quality was notified of the event on July 21, 2003 and is reviewing the matter. 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V i � I.V it�•�L b °rt ,�.l J .:.r ..+y i W�:h{� �� � busfir } i n Fayetteville Division 2592 Hope Mills Road — Fayetteville, NC 28306 (910) 864-1920 / 864-8774 fax CHAIN OF CUSTODY RECORD PAGE 1 OF 1 WENT NAME s mess: Q PO# IMMA-CTILOCAMON: -T= # OF s D T T L E S TYPE OF ANALYSIS PRESERVATION CODE `.0 CODE: A = <4'C ONLY B = HNN03 (ph<2) + ,WC C= 142so4 (ph<2) + <CC D = NaOH + -WC E = zN Acetate + -WC F = Sodium Thio. CONTACT PERSON: k i r k &A-r ley PHoM: 44 kL: - / !Sq SAMPLER: / J� US i/ FaEiK �t DATE I METHOD OF $MPMEWr. `7 ar o 3 LAB ID # SAMPLE TYPE DATE TIME COMP GRAB pH D.O. TEMP'C rim F� C 1A i / --:s 01!J& C I I 4 Da tes s4e,<-,. 7/.II k s /; 50 X r<<4s Ck 7/I/3 ; -2 F x Rail�qufs Dab Thar=.d rn) Dab Thir -1 7).�a.3 a� ; 2 �] / 0 -- 3 4 ra t3 a ftlhvWM5 7 8 Comments or sp=W Hazards: Field pH: DIVISION OF WATER QUALITY Chemistry Laboratory Report! Water Quality W❑ SAMPLE TYPE COUNTY "DEN PRIORITY RIVER BASIN: AMBIENT QA STREAM EFFLUENT REPORTTO FRO RegiorraiO75ce COMPLIANCE %� CHAINOFCUSCODY LAKE INFLUENT Other EMERGENCY VISIT ID ESTUARY COL XJCT0P(5) : PSHFRRMAN Iab Number : 3W4466 Date Received : 7/22/2(103 Time Received : 930 AM Received By Data AR Dakc Reported: 8/1 IM03 Estimated SOD Range: - Station Location: SOURCE Seed: Chlorinated: RemarL-i: Station 0 Date Begin (yyfmrrddd) Date End (yy!mmldd) TFms Begin Time End acpth - DAI, a8, DBM Vsine Type - A, H. L Compaslle-T, 5, $ Sample Type 1 TURNB SOURCE 2003U721 1C I BOD310 61 D0 G5 myj L COD HiEh MO m L COD Low 335 m L Coliform, MF Fecal 31616 JIODml Coliform: MF Total 31504 110Dnil Coliform tube Feml31615 100m1 Coliform: Fecal 3167'3 /100treil Residue: Total5M m /L Volatile5m m /L Fixed 510 m /L Residue: Suspoided 530 m / L Volatile M5 m L Fixed 540 L H 403 units Addiq to CH45436 m /L Acidity to pli&3435 - m L Alkalinity to pH83415 mffZL Alkalinity to pH45410 rnrjL TDC680 m /L Turbidi 76 NTU Cotifoml Total Tube 100 mis CUMMUN S: Chluride940 m /L Chi a: Tri 32217 u /L Chl a Cori 322D9 u L Pheophytin a 32213 UgIL Color. True 80 c-u. Color. H t1; H- C.U. Color. pH 7.6 82 c-u. Cvanide 720 m L Fluoride 951 L Formaldehyde 71880 MgJL Grease and Oils 556 m L Hardness Total900 m L ' Cond.95 um1x* ant MDA538260 m /L Phenols 3273D USLL Sulfate945 m /L Sulfide 745 m L Bonin Tannin & Li rain u L Hexavalent Chromium u L Bicarbonate m /L Carbonate m /L It NH3 as N 610 310 mg1 L X TKN an N 625 5B0 m L • NO2 plus NO3 as N 630 1-5 m /L X R. Total as P 665 2B0 m L PO4 as P 705M m L P: Dissolved as. P 666 m L K-Potas_sium m L Cd. Cadmium 1027 u L Cr-Cirmmium:Total 1034 u L Cu-C 1042 u L Ni-Nickel1067 urJL Pb- Lead IG51 u L Zn- Zim 1092 u L V-Vanadium u L A - Silver 1077 u L Al- Aluminum 1105 u L Be- RervDium 1012 u L Ca- Calcium 916 m L Ca Cobalt 1�i7 u L Fe- iron MI,5 u / L tt• 3 - 1 Li -Lithium 1132 u L MR. Ma 'um 927 L Mn Mzmnanese 1055 u L Na-Sodium929 m L Arsenic -TOW 1002 u L Se -Selenium 1147 u L H - Merctiry 71900 u L 8a_Barium u L OrgaraxWorine Pesticides has horus Pesticides Acid Herbicides Base Neutral&Acid Extractable oq2nics TPH Diesel Ran Purgeable Organics (VOA bottle 'd TPH Gasoline Range TPH I UrEX GasoVaw Range Ph lankton DIVISION OF ENVIRONMENTAL MANAGEMENT WATECP rSAAALE AB FORM (DM1) COUNTY - R1�,o - _ _4 PRIORITY TYPE RIVER BASIN CQ�a G her REPORT TO: ARO �MRO HBO WaRO WiRO WSRO TS QAMSIENT ❑ STREAM EFFUJE14T AT BM ❑COMPLIANCE Eg CHAIN ❑ LAKE ID iNkid3FTiT Other OF CUSTODY Shipped by: Bus nri , Staff, Other, {{ 11_T ❑EMERGENCY ❑ ESTUARY COLLECTORS}tv%&v% Estimated HOD Range: 0-5/5-25/25-65/40-130 o Op I `STATION LOCATION: Seed: Yes[] No❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station / Date Begin (yy/mm/dd) Time Begin Date End t o L,^6,11 Sow,: ce-_ 03 07 a 1 / 5a 1 RODS 310 m3/1 COD High 340 mgA 2 3 COD Low 335 mg/1 Conform: MF Fecal 31616 /100m1 4 5 Conform: MF Total 31504 /100ml 6 Conform: Tube Fecal 31615 /loom] 7 Collform: Fecal Strep 31673 /IOOmI 8 Residue: Total 500 mg/i 9 Volatile 505 mg/I 10 Fixed 51O mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 PH 403 units 15 Acidity to pH 43 436 mg/1 16 Acidity to pH 8.3 435 mg/l 17 Alkalinity to pH 9.3 415 mgA 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 m9A 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tri 32217 ug/1 Chi a: Corr 32209 ug/i Pheophytin a 32213 n9/1 Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/I Formaldehyde 71880 mg/l Grease and Oils 556 mgA Hardness Total900 mg/1 Specific Cond. 95 2 uhlhos/cm MRAS 38260 mgA Phenols 32730 ugA Sulfate 945 nwO Sulfide 745 mgA J r— I. h IF.. "MI V Lab Number, t j 14 to Date Received: Tim Rec'd b : From: Bu ourier and Del DATA ENTRV BY: CK: DATE REPORTED: End I Depth DM DR DBM I Value Type A H L 1r NH3 as N 610 mgA TKN as N 625 mgA NO2 plus NO3 as N 630 mgA P: Total as P 665 mg/1 PO4 as P 70507 mgA P: Dissolved as P 666 mg/1 C-CAdmium 1027 USA Cr4Chramfum:Tota11034 USA Cu-Copper 1042 ugA NMickel 1067 ugA Pb-Lead 1051 uSA Zn-ZinC 1092 ug/I Ag-Silver 1077 ug/l AI Aluminum 1105 ug/l Be -Beryllium 1012 u9/1 Ca-Caicfum 916 mgA Co -Cobalt 1037 utl/i Fe -Iron 1045 ug/1 T S B I C (G) GNxx U-Uthium 1132 u9/1 Mg-Magneslum 927 mg/I Mn-Manganese 1055 ug/I Na-Sodium 929 mg/l Arsenir~Total 1002 u9A Se -Selenium 1147 ug/1 fig -Mercury 71900 ugA Organochlorine Pesticides- Oxtanoni.osiprus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Ph plankton Sampling Point x Conductance at 25 C Water Tempemttmt D.O. m9A pH Alkalinity Acidity Air Temperature IQ PH 8 3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 1. 400 1 . 82244 1 43I 92243 182242 20 Salinity x Precipition (in/day) Cloud Cover I Wind Direction (Deg) tre-n Flow Severity Turbidity Severity Wtnd Velocity M/H Kean Stream Depth It. Stream Width ft. 480 145 132 136 11351 1350 135 64 14 DMl/Revised 10/86 NC DIEJNR/DWQ Chemistry Laboratory Sample Anomaly_ Report (SAR) Lab Number: W-y4r-64!� Sample ID: �y F 1-tation Location% ounty: Region: r✓ .,ample Type: a Priority: C L0209Collector- E' Date collected: _r� 1.,J/­I_�� Date received: `71��? . 1.j2.3 Date analyzed: ��l� Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑ ETALS ❑ NUT ra MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet ❑ Samhlcs rccelvcd, but not listed on ficldshect ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Corrective Action: ❑ VOA ❑ SVOA ❑ PEST 0' Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error — no reportable results ❑ Surrogates ❑ None added U Recovery outside acceptance limits ❑ Spike recovery ❑ 'None added Recovery outside acceptance limits O Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: _ _ Date: ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ ample(s) on hold until: V Sample reported with qualification. Data qualification code used: ` ❑ Other (explain): Notification Required (circle one)? Yes Person Contacted: Form completed 1 Chemist R e i 1at): B IOCHE ❑ ❑ METALS ❑ Branch Head Review (init' QA/QC Review (ini al): QATermsUAbomtoryLSAR Date Date: ❑ SVOA Logged into database by (initial). tOnjiuldbs DIVISION OF WATER QUALITY Chemistry laboratory Report! Water Quality - a AUG ? 7 2oo3 COUNTY BLADEN PRIORiiY 0L.,'.; IN R1VEReASIrv: � AMBIENT � QA REPORT TO ARO Regional Office COMPLIANCE CHAiNOFCi]STODY LAKE INFLUENT Other : EMERGENCY ID El ESTUARY COLLECTOR(S) : PSHERRMAN (VISIT Euimated BOO Range: Station Location: DOWSfREAM Seed: ChlorimtEM Remarks: Lab Numbez 3W4467 Dale Re=ved : 7/22/2003 T'mw Received : 930 AM Received By DS Data eased : AR Date Re -ported: 911112003 Station / bate Begin (yylmsddd) Date End (yylm+nldd) Time $cmin Time End Depth - DIH, D8, DBM Value Type- A, H, L Composlto-T, S,S Sampk Type 2-TURNBULL DOWNSTREAM I 0150 X BOD310 97DO G5 mg1L COD liiph 140 L COD Low 335 m L Coliform: MF Seca] 31616 1100ml Cofifcrm: MF TcAal 315D4 I00mI Coliform: tube Focal 336I5 I00m1 Coliform:Fetal 31673 1100MI Resdue:Total 500 m L Volatile 505 m 8 / L Fixed 510 m L Resfdue: Sus 530 L Volatile 535 m L Fixed 540 myj L H 403 units Acidi to H45436 L Acidity to PH 83435 mVJL Alkalinity to pH53415 w4l. Alkalinitvto H4.5410 m /L TDC 690 m L Turbidity 76 NTU iform Total Tube '' 300 mN COMMENIS : Cidoride940 m /L Chl a Tri 32217 u /L C1d a: Corr 32209 u / L Pheophvtin a 32213 u / L Color True 80 C.H. Color. H 83 H= c,u. Color. H 7.6 82 c.u. Cvanide 721) mgjL Fluoride951 m /L Formaldehvde 71880 m /L GreaseandOils5% m /L Hardness TotaI900 m L Specific Cand.95 umhos em2 MRA538260 rn /L Phenois 37M u&ZL Sulfate 945 L Sulfide 745 L Boron 'Fannin & Liypain u L Hexavalent Chromium u /L Bicarbonate m /L Carbonate m /L X NH3 as N 610 370 m L X TKN an N 625 1400 m L X NO2 p lus NO3 as N 6M 0.83 m L X P. Total as P 665 710 m L PO4 as P 7M m L P. Dissolved as P 666 m L K-Potassium m L Cd-Cadmium1027 u /L Cr-Cluonuam.TotalI034 u L Cu- CcFpM 1042 u L Ni-Nickel1067 u L Pb- Lead 1051 u /L Zn- Zinc 1092 u /L V-Vanadium u /L A -Silver 1077 u L Al- Aluminum 1105 u /L Be- Bmilium 1012 u L Ca- Calcium 916 mgfL Co- Cobalt 1037 L Fe- iron 1D45 u L Li -Lithium 1132 u L M -Ma ium927 m L Mn-Man nese 1055 u L Na-Sadium929 m L Arwnic:Total1002 u L Se- Selenium 1147 n L 14- Memu 71900 /L Ba Barium u L nocMorine Pesticides Organophosphom Pesticides Acid Herbicides Base Neutral&Acid Extractable nits TPH Diesel Ran Pu We OA bottle 'd TPH Gasoline Range TPfi B EXGasolineRan Ph lanktan DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY PRIORITY S LE TYPE REPOt BASIN C a P G _ RHO Wa — ❑AMBIENT rCHAIN STREAM EF'F7_UF.NT REPORT 70: � FRO MRO RRO WaRD W1R0 WSROTSAT BMOther COMPLIANCE RVF'WENT UST Y Shipped by: Bus ourle Stall, Other ❑EMERGENCY ❑ESTUARY For Lab Use ONLY Lab Number: Date Received: a Tl Rec'd b : (NeFrom: Bu t5our -Hand Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTORS).Qy-r, la (�...�_T AiA A_ .V .. 111 Estimated B_OD Range: 0-5/5-25/25-651/40-130_or 00 plus STATION LOCATION: �s7 X Seed: Yes ❑ No ❑ Chlorinated: Yes D oNoN REMARKS: Station y► Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type _ Composite Sample Ty e t� •• bk�1 yt1Wa�{r a�.- 3 Q% �/ /; �� A H L T S B C g GNXX 1 )(113013531.0 mg/1 2 COD High 340 mg/i 3 1COU Low 335 mg/I 4 Colfform: MF Fecal 31616 1I00ml S Collform: MF Total 31504 /100m1 6 Caiiform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to PH 4.5 436 mg/1 16 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/1 191 TOC 680 mg/1 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I C of on True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I F] uoAde 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 m9A Hardness Total900 m9/1 Specific Cond. 95 uMhos/cm2 MBA,S 38260 mg/I Phenols 32730 ug/I Sulfate MS mg/1 Sulfide 745 mg/I NH3 as N 610 mg/I x TKN as N 625 mg/I X NO2 plus NO3 as N 630 mg/I X P: Total as P 665 mgA PO4 as P 70507 m9/1 P: Dissolved as P 666 mgA Cd•Cadmlum 1027 ug/i Cr Chromium:ToW I034 u9/1 CuCopper 1042 ug/I Ni-Nickel 1067 ug/1 Pb-Lead 1051 ug/I Zn-Zinc I092 USA Ag-Silver 1077 ugA At -Aluminum 1I05 ug/1 Be-Serypium 1012 ug/I Ca -Calcium 916 mg/1 Co -Cobalt 1037 USA Fe -iron 1045 ugA Lf-Lithium 1132 a9/1 Mg-Magneslum 927 mg/I Mn-Manganese 1055 ug/] N"odlum 929 mg/I Arsenic:Total I002 u9A Se -Selenium 1147 ugA Hg-Mercury 71900 ugA Organochlortne Pesticides Orgarx�phosphorus Pesticides Acid herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton Sampling Point x Conductance at 25 CWater Temperatum 00 D.O, m9A pH Alkalinity Acidity I At, T peratute (q PH 8.3 PH 4.5 pH 4.5 pH 8.3 2 94 10 300 1 400 U. 82744 A 431 82243 182242 20 Salinity X Precipition (In/day) Cloud Cover Z Wtnd Direction Oeg) Stream Flow Severity Turbidity Severity Wind Velocity M/H Mean Stream Depth ft Stream Width ft. 480 45 136 1351 1350 35 64 DMI/Revised 10186 NC DENR/DWQ Chemistry Laboratory Lab Number:�� /.l�l G � ^� Sample ID: c+;?r -Station Location Region: .,ample Type: : Priority: _ ^� Collector do Date collected: -- -1 - I_ Date received: �lrl� Date analyzed: IIT Affected Paranteter(s): Analytical Area (check one): ❑ WCH ❑ METALS ❑ NUT 6 MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldshect ❑ Samples icccived, but not listed on ficldshect ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired ❑ Prior to receipt in lab ❑ After receipt in,lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically, preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): Corrective Action: ❑ VOA ❑ SVOA 0 PEST W Quality Control ❑ Instrument failure — no reportable results Cl Analyst error— no reportable results Cl Surrogates ❑ Nonc added Ci Recover), outside acceptance limits ❑ Spike recovery ❑ None added 4 Recovery outside acceptance limits 0 Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) Cl Incorrect procedure used ❑. SOP intentionally modified with QA and Branch Head Approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume r ❑ Samples were rejected by DWQ Lab. Authorized by: Date: ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ ample(s) on hold until: Sample reported with qualification. Data qualification code used: ` ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: AJ Date: I I Form complet '4by Date: Chemist Rev initial): r°t BIOCI 1 ❑ ❑ SVOA❑ MEiALS ❑ Branch Head Review (initial), � �A/QC Review (initiaLogged into database by (inilia �AlFormALAocvary'SAR - DIVISION OF WATER QUALITY ALIG Chemistry Laboratery Report / Water Quality MPLE'T =. C`^ `Ar,.i4z�t aivriee,�?ii COUNTY BLADFN PRIORITY :fYxx'`�-"/ RIVERRASIN: AM131EN-F EDQA 0 STREAM X EFFLUENT REPORT TO ARO Regional Office n COMPLJANCE CHAIN OFCUSIODY ❑ LAKE. INFLUENT Oilier : EMERGENCY VISIT ID n ESTUARY COLLECPOR(S) : PSHERRMAN Lab Number : 3W4468 Date Received: 7/22/MW Time Received : 930 AM Received By Da t Released ; AR Date Reported: li/112003 EstU=*d ROD Rine: Station Lumina: ELLIS CRK -UP $end: C3loristatcd: Remarks: Station ■ Date Be& (yylmWdd) Date End (yylmtddd) Time Begin Time End Depth - DAI, DB` DRM Valne Type - A,11, L Compodte-T, S. B Sampk Type 3-TURNBUI1rk1,11SCRKUP 200't0721 1 0250 X BOD310 2U G5 mg/L. COD High 340 m&j L COD Law335 m L Coliform: MF Fecal 31616 1100ml Colifomc MFToW 31504 IIODffd Coldorrtr: tube Fecal 31615 110Doll Col ilkmwFern! 31673 110DWA Residue: Total 500 mgIL Volatile 506 m L Fixed 510 m L Resuiuc SuspeMed 530 MFIL Volatile 535 MFj, L Fixed 540 /L H 403 units Aidity to H 4.5 436 m L Acidi to 1-183435 m L Alkali ' to H83415 m /L Alkalinity to pH 4.5410 mgjL T0C 680 mgl L Turbidity 76 NSU Coliform Total Tube 100 MLs COMW,VX 5 t Chloride940 m L Chl a. Tri 32217 v /L Chi a: Con 37-109 u / L h tin a 32213 v L Color. True 81) C.U. Color H 83 H- C.u. Color•. H 7.6 82 C.U. C anide720 mg/_L Fluoride 951 mg1 L Formaldehyde 718W m L Grease and Oils 556 m L Hardness Total 900 m L ific Coed. 95 umhos/cm2 MBAS38260 m /L Phenols 32730 u L Sulfate945 m /L Sulfide745 m L Boron Tannin & lignin u /L Hexavalcnt Chromium u /L Bicarbonate m /L Carbonate m /L x I NH3 as N 610 0.02 m L X ITKN.N625 1.4 MBIL x NO2 plus NO3 as N 6. 0.02U m L X P: Total as P 665 0.08 m /L PO4 as P 705U7 m L P: Dissolved as P 666 m L K-Potassium L Cd-Cadmium IU27 u L Cr-Chromium"Total1034 u L Cu- Comer 1042 u /L Ni-NickelI067 u L Plr Lead 1051 u L Zn-Zinc1092 u /L V-Vanadium u L A - Silver 1077 u L Al- Aluminum I105 u L &-BeryfliumIG12 y_glL Ca -Calcium 916 m L Co- CobaltIM7 u L Fe- Iron 1015 u L 1.4-Lithium 1132 u L MR- Ma "um 927 _mpj L Mn-Man new 1055 u&LL Na- Sodium 9229 mCIL, Arsenic:Total10M upVL Se- Selenium 1147 u L H - Mcrcury 7I900 u8ZL & Barium uyj L OrrAwchlorrine Pesticides 2!&anophosphorns Pesticides Acid Herbicides Basel Neutral&Acid Extractable Ctpmo TPH Diesel Pange Pu eable nies(MA bottle TPH Gasoline Ran TPI I BTEX Gasoline Range Phpplankton SEP 22003 For Lab Use ONLY DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY Iq�Q4'� U2 . - -- PRIORITY S LE TYPE Ii1VFR_BASIN CC,pL F2 v- DAMBIENT S L £FFI.IIENT L_l E REPORT TO: �F O MRO RHO WaRO WIRO WSRO TS AT BM ❑ © ❑ LAKE ❑ Other COMPLIANCE CHA INFLUENT El OF CUSTODY Shipped by- Bus our r, Staff, Other EMERGENCY ESTUARY Lab Number Date Received: Time. Rec'd by- From: Bus- ouri Hand Del DATA ENTRY BY: CK: DATE REPORTED: COLLECTOR(S): L e Estimated ROD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: Seed: Yes ❑ No Chlorinated: Yes ❑ No ❑ REMARKS: _ Station Date Bcgin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type 3- ii,r L�►t_ t11�GL u o3 07�-s'v A H L T S B C G GNXX 1 BODS 3I0 mg/i COD High 340 mg/1 3 COD Lour 335 mg/l 4 Collform: MF Fecal 31616 /loom[ 5 Collform: MF Total 31504 /100m1 6 Collform: Tube Fecal 316I5 /loom] 7 Collform: Fecal Strep 31673 /loom) 8 Residue: Total SW m9A 9 Volatile 505 mg/1 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/l i2 Volatile 535 mg/l 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to PH 4-5 436 mg/1 16 Aclditq to PH 9.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mgA 20 Turbidity 76 I TU Chloride 940 mg/I Chl a: Tri 32217 ug/i Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color -.(pH ) 83 ADMI Color: pH 7.6 82 ADM] Cyanide 720 mg/i Fluoride 951 mg/l Formaldehyde 71880 mg/l Grease and Oils 556 mgA Hardness Total900 mg/1 Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 ug/I Sulfate 945 mgA Sulfide 745 mg/1 NH3 as N 610 mg/I TKN as N 625 mg/I X NO2 plus NO3 as N 630 mg/i x P. Total as P 665 mgA PO4 as P 70507 - mg/I P: Dissolved as P 666 mgA CdCadmium 1027 ug/i CrChromium:Total1034 ug/1 CurCopper 1042 ug/1 Ni-Nickel 1067 ug/i Pb-Lead 1051 ug/1 Zn-Zinc 1092 USA Ag-SIlver 1077 ug/1 AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ugA Ca -Calcium 916 m9A Co -Cobalt 1037 ugA Fe -iron 1045 ug/) LI-Lithium 1132 uil/1 Mg -Magnesium 927 mg/f Mn-Manganese I055 ug/I Na-Sodium 929 mgA Arsenic:Totaf 1002 ug/1 Se-Seienlum 1147 ugA Hg-Mercury 71900 ug/I Organochlorine Pesticides Organophoepitcsys Pes6ades Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phyto r Sampling Point % Conduct&nce at 25 7C W ater Temperature IQ D.O. mgA PH Alkalinity Acidity Air Temperature 40 PH 8.3 PH 4.5 pH 4.5 pH 8.3 2 94 10 300 1. 400 • =44 431 92243 182242 20 _y Salinity S Precipition (In/day) Cloud Cover % Wind Direction Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H 4ean Stream Depth ft. Stream Width ft. 480 145 132 36 1351 1350 35 64 14 DM1/Revised I0/96 to: + NC DENR/DWO Chemistry Labaratnry Sample Anomaly Re Lab Number:�Sample ID: 3 Station LocationsUrle=u unty: Region:. .,ample Type: s Priority: ��� ^� Collector- Date collected. r lj 03 Date received: _/A�U_l.p Date analyzed Affected Parameter(s): Analytical Area (check one): Cl WCH ETALS ❑ NUT V MICRO The following anomalies occurred (check all that apply): ❑ Samples ❑ Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on feldshect ❑ Samt1lcs received, but not listed on f eldshect ❑ Mislabeled as to tests, preservatives, etc. ❑ Holding time expired Cl Prior to receipt in lab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved property ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - nc reportable results ❑ Other (specify): ents Corrective Action: ❑ VOA ❑ SVOA ❑ PEST 12 Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error — no reportable results ❑ Surrogates 0 Noncadded ❑ Recovery outside acceptance limits ❑ Spike recovery ❑ None added Recovery outside acceptance limits fa Failed to meet criteria for precision ❑ Internal standards ❑ Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume ❑ Samples were rejected by DWQ Lab. Authorized by: Date: / I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ ample(s) on hold until: ample reported with qualification. Data qualification code used: ❑ Other (explain): Notification Required (circle one)? Yes N, Person Contacted: Form I Chemist Reviptw(iteit4a1 1. 1310CHEM CiAl� METALS , A� 3ranch Head Review (initial). UjV� 2A/QC Review (initial ATonniUAbonwryMAR Date: Date: _ _/o29. ❑ PEST. ( F_1 ❑ SVOA ❑ VOA K 7 Logged into database by (initial):+ IM1MIAh. D s� AUG iF l% DIVISION OF WATER QUALITYTC .. Chemistry Laboratory Rre I Water Quality' ei �j.. 1, 1 rpo ^� . COUNTY BL,4DEN PR)ORTIY U 4;car RIVER BASIN'. AMBIENT QA STREAM '� ENT REMRTTO ARO Regional Office COMPLIANCE %O CHAINOFCMWDY E] LAIC INFLUENT Olber EMERCENCY VISIT ID F) ESTUARY COLLECTOR(S) : P SHERRMAN~� �q LabNutntmr : 3W4469 Date Received: 7/22/2M3 Time Received : 9 W AM Received By : DSjj Data cased : D 1� AR Date Reported : 91112003 Estimated ROD Range: Station Location: ELLIS CR)C-DOWNS7MEAM Seed: Chlorinated: Remarks: Stat'iau b Date Begin ()T/mm/dd) Date End (yy/mmldd) Time Begin 71we End I Depth - DM. DB, DBhl Valme 1)'pr - A. H, L C-aspoaite-T, S. B Sample Type I-TURNBU1J,F r r-"RKDOWN 20(Ct0721 02i0 X BOD310 2UG5 m L COD High 340 m L COD Low 335 m /(- Coliform: MF Fecal 3I616 1 1tlpmi Coliform: MF Total 31504 11ODrrd Co ifarrm, tube Fecal 31615Jim" Cofiforrm Feral 3I673 100m1 Residue: Total 500 m /L Volatile505 m L Fiord 510 L Residum Sus 530 m /L Volatile 5.35 m L Fixed 540 m L H 403 units — Acidity to pH4.5436 m L Acidity to pH"435 mrJL Alkalinity to CH 8.34I5 PWL Alkalinity to pli 4.54I0 m L TOC 690 m L IT.rbidhv 76 NTU Coliform Total Tube 100 mis COMMENTS : Chloride 940 mZ& Ch) a: Tri32217 uZI L Chl a: Corr 32209 u L Pheo h lm a 32213 u /L Color. True 80 c.u_ Char. CpH 1 83 H- c.u. Cc4or. H 7.6 ii2 c.u. Cvanide720 m /L Flunride951 m /L Formaldehyde 71880 m /L Grease and Oils 556 m L Hardness Total900 m L 5 ific Con&95 umhos/cm2 WAS38260 m /L • Phenols 37M u /L Sulfate945 m L Sulfide 745 m /L Boron Tannin Sr Le in u /L HexavalentChromium u /L Ill' rbonate m /L Carbonate m L X NH3 as N 610 0.03 m / L X TKNanN625 I.3 m L X NO2 pl us NO3 as N 630 0.02U m L X P: Total as P 665 0.08 mgkL PO4 as P70507 mg/L' P: Dissolved as P 666 mVj L K-Potassium m L Cd-Cadmium 1027 u L -Cr-Chromium-Total 1034 u L Cu- Copper 1042 u L Ni-Nickel1067 u L Pb- Lead 1051 u L Zn- Zinc IN2 u L V-Vanadium u L A -Sdeer 1077 u L At- Aluminum 1105 u L Be Ilium 1012 uZIL Ca- Calcium 916 m L Co -Cobalt 1037 u L Fe Iron 1045 u L U-Lithium 1132 uyjrL Mr, Magnesium 927 M51L Mn-Man nose 1055 ugt L Na- Sodium 929 mgIL A[xnicTatal 1002 u L Sti Selenium 1147 u L H - M= 7190D u L Ba Barium u L OrganocidefinePesticides Or ano hos horus Pesticides Acid Herbicides Base/Neutral&Acid Extractable ChNanics TPH Diesel Range Pu eable qWnks, fVOA bottle 'd TPH Gasoline Range TPH/BTBX Gasoline Range Ph ro lankton `� ��•"Jt: f SEP 2 UO3 For Lab Use ONLY DIVISION %— ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM MM1) COUNTY ]31a4 &-7 _ _ _ PRIORITY SAMPLE TYPE RIVER BASIN JCa12, Fe'-r,r^ REPORT TO. R O MHO RHO WaRO WiRO WSRO TS AMBIENT QA REAM EFFLUENT AT BMEl KE INFLUENT Other COMPLIAN H OF CUSTODY Shipped by: Bus ourie ,Staff, Other EMERGENCY TUARY Lab Number: Date Received: CC Timcig Rec*d _ I From: Bu o�vrier Nand Del TbJXD DATA ENTRY BY: CK: DATE REPORTED: COLLECTORS}_La�Fy [�a,i�ry f Pesky S_bCVr4AJ Estimated BOb Range: 0-5/5-25/25-65/4� 0 130 or 100 plus STATION LOCATION: _ ���j s �� k - 13,eW,y j"ty&-opt- Seed: Yes ❑ No El Chlorinated. Yes ❑ No ❑ REMARKS: Station # r) / Date Begin (yy/mm/dd} Time Begin Date End Time End Depth DM DI DBM Value Type _ Composite rpC le Type % I O A H L T S B G GNXK 1 A DODS 310 mg/1 2 COD High 340 mgA 3 COD Lour 335 mg/l 4 Coliform: MF Fecal 31616 /100m1 5 Coliform: MF Total 31504 /100rn1 6 Collform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 5W mg/l 0 Volatile 505 mg/1 10 - ...-.. --- 1 I I Residue: Suspended 530 mg/1 12 Volatile 535 mg/1 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to PH 4.5 436 moll 16 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pH 4.5 410 milli I9 roc 680 m2A nn Turbidity 76 Kw Chloride 940 mg/1 Chi a: Tri 32217 ug/1 Chi a: Corr 32209 USA Pheophytin a 3221S ug/1 Color: True 80 Pt -Co Color:(pH } 83 ADMI Color. pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 7I880 mg/i Grease and Oils 556 mg/l Hardness Total900 mg/! Specific Cond. 95 uMhos/cm2 MD AS 38260 mg/l Phenols 32730 ug/I Sulfate 945 mg/1 Sulfide 745 mg/1 x NH3 as N 610 mgA x TKN as N 625 mg/1 i( NO2 plus NO3 as N 630 mg/I P: Total as P 665 mg/1 PO4 as P 70507 mgA P: Dissolved as P 666 mg/l Cd-Cadmium 1027 ugA CrChromfum:TataIl034 ug/1 Cu-Copper 1042 USA Ni-Nichei 1067 ugA Pb-Lead 1051 ugA Zrt-Zinc 1092 u9A Ag-StIver 1077 ug/1 AI -Aluminum 1105 ug/I Be-SeryIlium 1012 ugA Ca -Calcium 916 mqA Co -Cobalt 1037 ugA Fe -Iron 1045 ug/1 LI-Lithium 1132 .119/1 Mgdrlagneslum 927 mg/1 Ma -Manganese 1055 ug/I Na-Sodium 929 mgA Arsenic:Total 1002 ug/l Se -Selenium 1147 ugA Fig -Mercury 71900 USA Organochlorine Pesticides OrganophoWhotus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankto Sampling Point X Conductance at 25 C Water Temperatue D.O. mg/1 pH AIkalinity Acidity Air Temperature Lei PH 8.3 pH 4-5 pH 4.5 pH 8.3 2 94 _ 10 300 400 1 82244 1431 82243 182242 20 �• Salinity % Precipitlon Wday) Cloud Cover X Wind Direction 07egj Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 DM1/Revised 10/86 Nr nRNRInWO Chemfstry I.nhnrntnry Report Mo: Sam le Anomaly Report SAR Lab Number: , Vf!'1�' (�,q Sample ID: -� !/ - /� ' -Dowd 'Rtation Location: Region: .,ample Type: a Priority; Collector - Date collected: r _1J^l�_ Date received:gU /a3 Date analyzed: ._ll_ Affected Parameter(s): Analytical Area (check one): ❑ WCH ❑METALS ❑ NUT 2 MICRO The followitig anomalies occurred (check all that apply'): ❑ Samples Cl Improper container used ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Samples not received, but listed on fieldsheet • Samplcs received, but not listed on fieldshect ❑ Mislabeled as to tests, preservatives, etc. Cl Holding time expired ❑ Prior to receipt in tab ❑ After receipt in lab ❑ Insufficient quantity for analysis ❑ Sample exhibits gross non -homogeneity ❑ Sample not chemically preserved properly ❑ pH out of range (record pH): ❑ Improper chemical ❑ Residual chlorine present in sample ❑ Color interference ❑ Heavy emulsion formed during extraction ❑ Sample bottle broken in lab - no reportable results ❑ Other (specify): e Corrective Action: ❑ VOA ❑ SVGA ❑ PEST ; Quality Control ❑ Instrument failure — no reportable results ❑ Analyst error— no reportable results ❑ Surrogates ❑ None added ❑ Recovery outside acccptaiicc limits ❑ Spike recovery ❑ None added Recovery outside acceptance limits Failed to meet criteria for precision ❑ Internal standards Cl Blank contamination ❑ QC data reported outside of controls (i.e. QCS, LCS) ❑ Incorrect procedure used ❑ SOP intentionally modified with QA and Branch Head approval ❑ Invalid instrument calibration ❑ Elevated detection limits due to: ❑ Insufficient sample volume r'e f ❑ Samples were rejected by DWQ Lab. Authorized by: Date: I I ❑ Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑ample(s) on hold until: Q- Sample reported with qualification. Data qualification code used: ❑ Other (explain): Notification Required (circle one)? Yes No Person Contacted: Form Chemist R I w t tial): B10CHEZZ METALS 1 3ranch Head Review ( initM_�� 2A/QC Review (initi !AkFofmAUbonWry%5AK Date: Date:�1I„ ❑ PEST(' I ❑ SVOA ❑ ' VOA %" Logged into database by (initial); `.►-� W3MIdh } Permit Information �aclt' :=Numlir,': :09:: 07:: .Y Farm: Na' ��iEiany F?ai nis, E;LC :o e